DECISION
The applicant makes an application for amnesty in terms of Act 34 of 1995 as amended (the Act) and in respect of the murder of an unidentified person, public violence and the unlawful possession of firearms and ammunition.
The applicant was a member of the Africanist National Congress (ANC) in particular the Youth League (ANCYL). He patrolled the area with colleagues in order to protect themselves and the community in general from the attacks by members of Inkatha Freedom Party (IFP) with which the ANC was in conflict. His immediate commander was Mr Nkosi at whose home the groups would congregate before embarking on their actions. They would be armed in doing so. They were unlawfully armed with weapons provided by the leadership in the area at the time.
Such was the conflict that it developed from initial defensive actions to positive pre-emptive measures which amounted to offences. At Ratanda, Heidelberg, on the 21 August 1992, at about 2pm, they came across a male person (deceased) wearing an IFP T-shirt, and carrying an assegai. This indicated to them that he was a member of the IFP. The person was grabbed and searched. He produced his membership card confirming that he was a member of the IFP. There were many of them on patrol. They then shot him and burnt his body. He had a firearm. Two persons shot at the deceased. It was the applicant and Jacob Moremi who shot at him. Thereafter the applicant poured petrol on the body of the deceased and set him alight. The petrol was obtained by draining it from a motor vehicle. The police arrived, and a shoot out ensued. He was injured and arrested.
During the period of 1992 and 1993, when the conflict between the ANC and the IFP, the groupings also set light to the property of certain members of the community. On a particular day, in response to an attack on residents by IFP, the applicant and his group went on a rampage directed at the IFP. In particular they burnt down the houses of Lovey Majola, Pat Ndlala and Mr Mayaba who were identified as a member of the IFP. Their homes were burnt after the owners' names were put on a list which indicated the owners' whose homes were to be burnt. The list was provided by the leadership of the applicant's group in the area. The applicant was part of a large group of persons who created mayhem in the area and were involved in the commission of crimes in particular the burning of homes. This crime can therefore be categorised as public violence.
The Act provides that amnesty shall be granted if the offences for which amnesty is applied for, were committed for political reasons, that full disclosure in respect of the facts related to the commission of the offences is made and that the formalities have been complied with.
The committee is satisfied that the applicant has complied with the requirements of the act in that the offences for which the applicant had made applications for amnesty were motivated by political considerations, that he has made full disclosure in respect of the said offences and that he has complied with the formalities.
In the result the applicant is GRANTED amnesty in respect of:-
(a) The murder of an unidentified male person on or about the 21 August 1992;
(b) The unlawful possession of fire-arms and ammunition during the period 1992 to 1993; and
(c) Public violence committed during the period 1992 - 1993.
DATED AT PRETORIA ON THIS
: DAY OF
: 2000.
JUDGE R PILLAY
ACTING JUDGE N J MOTATA
ADV S SIGODI
