DECISION
The applicant in Application No. 3669/96 will be referred to as the first applicant and the applicant in Application No. 4071/96 as the second applicant.
Both applicants are applying for amnesty in respect of the murder of Mr Thabani Mghobozi on 18 October 1990 at the Amahlongwa Reserve in the district of Umzinto and the attempted murder of Thulani Miya on the same date and at the same place.
The second applicant is also applying for the attempted murder of Michael Majola on the same occasion.
Both applicants were members of the Inkatha Freedom Party and testified that they regarded the members of the ANC as their enemies, that they should eliminate them so that they could be freed. They should also drive ANC members from the area so that Inkatha members could be the sole occupants of the area. This was indeed part of the ongoing political struggle between the two parties in the area.
The applicants and four other IFP members, Messrs G G Ngobozi, Khumalo, Gumede and Mthinyane planned the attack on the deceased. They regarded him as a troublesome member of the ANC playing a role in past attacks on IFP members and testified that he uttered threats to the applicant's mother about killing the applicants.
After doing surveillance, they went to the house where he was staying at the time, gained entrance and the 2nd applicant shot the deceased. Thereafter the 1st applicant stabbed the deceased with a spear, causing his death. They went on to attack Mr Miya while other members chased and assaulted Mr Majola. The 2nd applicant also participated in the latter assault.
During examination it transpires that the applicants were also involved in other acts of violence during 1989/1990 which resulted in the deaths of Mr Thokoza Xaba and Hlawa Ngobozi. They were not arrested in this regard and did not apply for amnesty for those offences.
After considering the evidence the Committee is satisfied that the applicants have met the requirements laid down in Section 20 of the Act, that the acts were associated with a political objective and that they've made a full disclosure of the relevant facts.
1. Amnesty is therefore
GRANTED: to both applicants in respect of
The murder of Thabani Mghobozi on or about 18 October 1990 at Amahlongwa Reserve.
2. Amnesty is
GRANTED: to the 2nd applicant for the attempted murder and for assault on Michael Majola on 18 October 1990 at Amahlongwa Reserve.
(Signed)
