DECISION
The applicants have applied for amnesty in terms of Section 18 of Act 34 of 1995 in respect of the murder of Mrs Mohambile Mphambani committed on the 27th of April 1993 at Gobozani Location. The 1st, 3rd and 7th applicants were sentenced to 14 years' imprisonment, whilst the 2nd, 4th, 5th and 6th applicants were sentenced to 18 years' imprisonment respectively.
The ADM stood for the system of Crieftanship and this was aggressively propagated by Mrs Mphambani in Gobozani Location. The Youth League was totally opposed to the system. This gave rise to open conflict between the two groups. Each group wanted complete control of the area.
The applicants testified that at a meeting of the Youth League on the 26th of April 1993, a report was received from one of its members. Mrs Mphambani had made arrangements to bring armed members of the ADM from Bhele Location to come to Gobozani Location to kill members of the Youth League and that the attack was imminent. On receiving this report, those present at the meeting became very agitated. There was a discussion on what steps should be taken to defend themselves. Finally it was decided that the ADM should not be allowed to exist in Gobozani Location. Mrs Mphambani who was very active on behalf of the ADM was a serious threat and should be driven out from their midst before her armed supporters could come to Gobozani Location.
Pursuant to that decision, a large group of about 300 angry people including the applicants, came to Mrs Mphambani's house on the 27th of April 1993. On seeing the group approaching her house, Mrs Mphambani fled towards the veld. The group however caught up with her and attacked her with stones, knives and sticks until she died.
From the evidence placed before us, it is clear that the tragic events of that day arose out of the struggle between the ANC and the ADM for the political control of Gobozani Location.
The applicants were all below the age of 18 at the time of the commission of the offence. They believed that they were acting on behalf of the Youth League. They were part of a large group of people and, as the Trial Court found, were probably subjected to peer pressure.
We are accordingly satisfied that the killing of the deceased by the applicants, was an act associated with a political objective and their application for
AMNESTY IS ACCORDINGLY GRANTED: .
SIGNED ON THE 14TH DAY OF APRIL 1997.
(Signed)
MALL, J
WILSON, J
MS S. KHAMPEPE
