DECISION
The applicant was a member of the African National Congress (ANC) and also a member of the Self Defence Unit (SDU).
The applicant and Paseka Johannes Mpondo were convicted and sentenced on a charge of murder in that they killed Tsietsi Leboko on the 11th of May 1991 at Maokeng in Kroonstad. They were sentenced to eight (8) years' imprisonment. Mr Mpondo's application (no 0012/96) was heard by this Committee some time in June 1996 and he was granted amnesty on the 9th of December 1996. The applicant now applies for amnesty in terms of Section 20 of the Promotion of National Unity and Reconciliation Act, 34 of 1995 (the Act), in respect of his conviction.
The circumstances and background against which this offence was committed are set out in our decision of Mr Mpondo. We do not propose to repeat the facts and the reasons as they have been dealt with sufficiently in that decision. We refer to and abide by the reasons stated therein. There is, however, a difference in the evidence of the applicant and that of Mr Mpondo with regard to whether the deceased met the applicant and his colleagues at Mr Mpondo's house, as stated by Mr Mpondo or whether the deceased met the applicant and his colleagues at the house of a certain Mr Daniel which was then used as an SDU camp. This difference may well be due to faulty recollection either on the part of Mr Mpondo or the applicant. In our view nothing material turns upon this difference.
We therefore find that the applicant has satisfied all the requirements of Section 20 and is
ACCORDINGLY GRANTED AMNESTY: for the murder of Tsietsi Leboko on the 11th of May 1991.
We are of the opinion that the following persons, namely maria, Anna and Elizabeth Leboko, who are sisters of the deceased, are victims in relation to Mr Leboko's death and accordingly refer such persons to the Committee on Reparation and Rehabilitation for consideration in terms of Section 26 of "the Act".
SIGNED ON THE 26th DAY OF AUGUST 1997.
MALL, J
MS S. KHAMPEPE
MR N. SANDI
