DECISION
The applicant was convicted of the murder of Khechla Ntshinaila on 29 March 1992 at Driefontein and sentenced to 12 years imprisonment. The Applicant testified that he left his home at Morna to visit his girlfriend at Driefontein, a walking distance of about 2 hours away. On his arrival at her house he was told that she was attending an IFP meeting and he proceeded to the meeting.
On his arrival at the meeting, he found that the meeting was already dispersing. He met Alfred Sipho Ngema there and the latter, an IFP leader in the area, invited him to his home. At his home, Alfred requested him to kill the deceased who at that stage was standing across the street about 18 - 20 yards away. The Applicant knew the deceased was a member of the ANC and although he was not personally attacked by the deceased, the deceased was around when he and others were attacked by members of the ANC.
The deceased was seen as an ANC leader by the community. He testified that he did not question the request of Alfred because he regarded him as an IFP leader and he knew the deceased was an ANC member in a leadership position in that party. It is well known and common cause that during the time of the killing KwaZulu Natal was for the greater part almost a political war zone. Alfred Ngema handed a home made shot gun and bullets to him, he walked across the street and shot and killed the deceased.
The trial judge found:
"Such evidence as we have in the case can lead us only to the conclusion that the killing was an act of deliberate political assassination committed by the Accused No. 1 (the present Applicant) an Inkatha man, on the deceased, an ANC man. There is no hint in any of the evidence of any different motive".
The above finding seems to be in accordance with the evidence placed before us.
The trial court also found and the Committee heard no evidence to the contrary, that the Applicant, at that stage 19 years of age:
"Most probably acted at the instigation, at the command, as a result of the incitement, whichever expression one wishes to use, of someone else, someone older than him, someone more prominent than him in the local Inkatha hierarchy and that he felt at least some degree, in the second place, of pressure applied to him, whether expressed or not, to carry out those orders".
The Committee concludes that the application falls within the ambit of Act 34 of 1995. The applicant complied with the requirements set out in section 20 of the Act and amnesty is accordingly
GRANTED: to the applicant in respect of the murder of Mr Khechla Ntshingila at Driefontein on 29 March 1993.
The Committee also recommends that the persons referred to in the annexure hereto should be considered to be victims in terms of Act 34 of 1995.
(Signed)
JUDGE H MALL
ADV C DE JAGER
ADV S SIGODI
