DECISION
The applicant is 61 years. Prior to his arrest and conviction, he resided at M63 Umlazi Township in Durban. he was a motor mechanic. he had been residing in Umlazi since 1967. In 1977 he joined the IFP and was an ordinary member of the organisation.
The Applicant is seeking amnesty for the murders of Sebenzani Saraphina Sikhakane, Thokakele Rejoice Mkhize and Thulasizwe Theophilius Nyembe, the attempted murders of Christopher Zenzile Chonco, Tryazine Mkhize, Qondi Allen Mkhize, Joyce Sikhakhane, Gugu Doreen Mkhize, Kwazi Maphumulo, Khulekane Mkhize, Sindi Mkhize, Phumalani Ntshangase, Phumala Sikhakhane and Welcome Ntando Mkhize, arson and malicious damage to property. These acts were committed on or about the 17 or 18 January 1987 at Umhlazi.
The area in which the applicant lived was an IFP stronghold. There were problems in the area. These were killings between the IFP and the ANC. The house which was attacked belonged to a certain Mr Chonco Mkhize.
The Applicant testified that in their area three IFP members had been killed. They were the son of Mr Ngcama, a certain Mr Ngaleke and Mr K B Magubane.
Mr Ngcama's son and Mr Ngaleke had been killed two years prior to the incident. Mr Chonco's son had been charged for Ngcama's death. No one was charged for Mr Ngaleke's death because he was found dead in the morning and no one had been seen killing him. K B Magubane died in 1987 and he was an IFP leader.
The Applicant testified that Mr Chonco Mkhize's sons were UDF supporters. Mr Chonco's sons called their friends who were from the P Section of Umlazi to come and stay at their home. Mrs Chonco encouraged this. His testimony was that these boys were responsible for the unrest which took place between the IFP and the UDF in the area. The Applicant and Mr Chonco were cousins.
On the 1st January 1987 the Applicant and Mr Chonco were drinking beer at about 10H00. Mr Chonco's daughter came to them to report that Black had died. Black was Chonco's son. She said that he had been killed by Mr K B Magubane.
The Applicant and Mr Chonco went to K B Magubane's house. When they arrived they found Black lying on the pavement covered with a towel. The brothers of the deceased, Mr Chonco's sons, as well as their friends were already there. They were armed and making noise saying that they wanted to kill K B Magubane because he had already killed their brother.
The Applicant and Mr Chonco tried to stop them. The Applicant, however, left the scene. After he had turned his back, he heard someone saying that they had killed "K B".
He went back into Mr Magubane's house and found Mr Magubane lying on the bed with blood oozing from his throat. Mrs Magubane told the applicant that Mr Chonco's boys had killed her husband.
The Applicant testified that he did not know why K B Magubane killed Black. He had only heard that the previous day there had been a party at Mr Magubane's place. The Chonco boys had also been invited to the party because Mr Magubane had a soccer team and some of the Chonco boys were soccer players. He heard that some of the boys were drunk and Mr Magubane chased them away from his home. They then threw stones at Mr Magubane's house. He heard that Mr Magubane had used a knife to kill Mr Chonco's son.
Subsequent to Mr Magubane's death, the IFP held meetings. At the meetings they would talk about IFP members who had been killed by UDF members.
It was decided at the meetings that the police were ineffective and therefore the IFP would take the law into their own hands.
On the day of the attack the Applicant was asleep. Three people came to him. They were Sipho Nkwanyana, Nhlanhla Mcellak and Sicelinhlanh'a Cele. He woke up ad joined about thirty others. He told the group that they should go to Mr Chonco's house and that no one should be allowed to come out, anyone coming out should be killed. At Mr Chonco's house the applicant was armed with a spear and a pipe.
The first person who got out was attacked. He fell and he died. Sipho Nkwanyana threw a bomb into their window. Mr Chonco came out of the door. He was also hit, but he ran away. The crowd called on the people in the house to come out. The Applicant saw Mrs Chonco through the window of the toilet. he tried to stab her with a spear. Mrs Chonco sustained injuries but because she was far away, the injuries were not deep. The Applicant did not do anything else and they fled before the police could come.
From the evidence before us, we cannot find that the attack on Mr Chonco's house was politically motivated. Whilst we may accept that there was political tension in the area between IFP and the UDF the attack was not related to this tension. Mr chonco's house was attacked because his sons were a nuisance in the community. They were also involved in other crimes which were not politically related.
The Applicant himself stated that they attacked because they wanted to take the law into their own hands because the police took too long to solve a crime. Of further importance is the fact that the Chonco boys had been invited to K B Magubane's home for the party. This indicates that there was no ill feeling between Mr K B Magubane and Mr Chonco's boys. In the light of the evidence, we cannot find that the attack on Mr Chonco's house was politically related and therefore amnesty is
REFUSED: to the Applicant.
(Signed)
JUDGE H MALL
ADV C DE JAGER
ADV S SIGODI
