DECISION
The applicant applies for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act, No 34 of 1995 (the Act), in respect of the following offences:
(a) The murder of one David Mayeko in Khutsong on 24 December 1990. The applicant was convicted in the Supreme Court, and sentenced to 12 years' imprisonment;
(b) Attempted murder on one Sgotlo, committed at the same place, date and time as the previous offence. The applicant was sentenced to 6 years' imprisonment;
(c) Attempted murder on one David Maseko, committed at the same place, date and time as the two preceding offences. The applicant was sentenced to 6 years imprisonment.
The sentences in respect of the two convictions of attempted murder were made to run concurrently with the sentence in respect of murder. The sentences were handed down on 10 September 1993.
(a) Robbery;
(e) Malicious damage to property.
According to records from the police and prison authorities, the victim of the robbery and the damage was one and the same person. He was a civilian, whose "spaza" shop was set alight by the applicant (damage to property) after he was robbed of his Toyota Cressida motor vehicle (robbery). Those offences were committed on 23 january 1991. The applicant was convicted in the regional court and sentenced to 7 years' imprisonment in respect of each count; the sentences were made to run concurrently. He was sentenced on 29 May 1991.
1. Regarding the robbery and malicious damage to property - In the course of the hearing on 9 September 1996, the applicant, through his legal representative, formally withdrew his application for amnesty in respect of the offences of robbery and malicious damage to property.
2. Regarding murder and the two incidents of attempted murder - The applicant was a member of the Self Defence Unit (SDU) as well as a member of the African National Congress Youth League (ANCYL) in Khutsong. The victims were members of a vigilante group. According to the applicant, the vigilante group sowed terror in Khutsong, working in collaboration with the South African Police. Political activists were harassed; for example, the applicant's house was burnt down and the applicant had to flee Khutsong at some stage. The ANCYL members had to acquire firearms in a clandestine manner in order to repel the attacks.
The tragedy of the situation as well as the intensity of the strife were sadly reflected in the evidence of the applicant: he said upon his return home, he had to report to his local political structures so that, in case he was killed by the vigilantes, his comrades would be able to know and bury him. The deceased and the other two victims were members of the vigilante group. Mr Ndzeku, presently the Mayor of Carletonville, testified that with passage of time the vigilante group, which initially had a criminal element, changed character and concentrated their attacks on political activists, especially the youth. He himself was a political activist, though obviously not part of the youth. He says there was evidence of collusion between the vigilantes and the police. With the assistance of lawyers for Human Rights, several sworn statements to this effect were taken from various witnesses. He himself had made several fruitless representations to the police about this collusion. He even mentioned the name of one Constable Mkhondo as one of the members of the police force who was involved in such collusion.
The deceased was a prominent member of this vigilante group, which inhibited political activity on the part of the applicant's organisation. On 24 December 1990, the applicant and one William Faltein (the applicant in application 120/96) walked passed house 659, Khutsong. The deceased either lived there or frequented the place regularly.
The deceased and the two complainants came out of the house and, we were told, the deceased threatened to shoot the applicant and his friend. He gave chase to them and some distance from the said house, the applicant turned and shot him dead. The deceased's mother did not know about the deceased's political activities; this was because the deceased did not stay with her. However, she was aware of the tension between the deceased and other activists; that is why she suggested to him, shortly before his death, that he leave Khutsong for the Transkei. After the deceased's death, she found his Pan Africanist Congress T-shirt. The aim of the activities of the group to which the three victims belonged was to, and did in fact, inhibit free political activity on the part of the ANCYL in Khutsong.
3. In the light of the aforegoing, we are of the view that the applicant's acts in killing David mayeko, attempting to kill Sgotlo and David Maseko were all acts associated with a political objective. Accordingly, the applicant's application for amnesty in respect of the murder of David Mayeko, attempted murder on Sgotlo and David Maseko, committed in Khutsong on 24 December 1990,
IS GRANTED: .
SIGNED IN JOHANNESBURG ON THE 23rd DAY OF JANUARY 1997.
(Signed)
MALL, J
WILSON, J
NGOEPE, J
ADV C. DE JAGER SC
MS S. KHAMPEPE
