DECISION
The Applicants apply for amnesty in respect of the murder of Mr Thulani Mzikayifani Mthembu on 26 December 1991 at Cottonlands in the district of Inanda.
The six Applicants were members of the ANC while the deceased was a leader of the IFP in the area. It is common cause and it was also accepted at the trial that the murder was related to the political struggle at the time between the ANC and the IFP. The ANC and the Applicants in particular suspected the deceased of being involved in the killing of Mr Thulani Dlamini, a member of the ANC and Mr Mfanyane Makathini, the previous ANC chairperson. They also had evidence that he harassed and threatened members of the ANC youth who were wearing ANC T-shirts.
A meeting was called at the house of Applicant Ngobese (application 3480/96). The above allegations were discussed and the meeting of about 30 people decided to kill Mr Mthembu. An unknown number (but at least the six Applicants) proceeded to the deceased's house. The door of the house was kicked open by the Applicant Mnembe, Applicant Mhlongo then shot him followed by Ngobesi firing another shot. The deceased, although wounded, managed to run away but was soon caught and stabbed to death. All the Applicants participated in the later stabbing and killing.
Applicant Ngobesi was clearly the leading figure in the planning of the assassination. They came to the decision to kill Mr Mthembu after the latter refused to talk and negotiate with them to establish peace in the region.
The killing was on the evidence clearly associated with a political objective and directed against a political opponent.
The Committee concludes that the offence falls within the ambit of the act and that the Applicants met the requirements laid down in Section 20 of the Act 34 of 1995.
Amnesty is therefore
GRANTED: to the six Applicants in respect of the murder of Mr Thulani Mthembu on 26 December 1991 at Cottonlands, District of Inanda.
The Committee recommends that the persons referred to in the annexure hereto should be considered to be victims as defined in Act 35 of 1995.
(Signed)
JUDGE H MALL
ADV C J DE JAGER
ADV S SIGODI
