DECISION
This is an application in terms of section 18 of the Promotion of National Unity and Reconciliation Act 34 of 1995 (the Act).
The applicant applies for amnesty in respect of his conviction, on 25 May 1994, at Piet Retief, for the murder of Ben Nkosi at Lahlampondo, Pongola, on 30 November 1993. He was sentenced to ten years imprisonment which he is currently serving at Barberton Prison.
Notices in terms of section 19(4) had been served on the
deceased's family who did not attend the hearing. The Applicant
who was represented by Mr D Claassen testified in support of his
application. He confirmed his application and the affidavit which
forms part of the papers. In fact he wanted to read the entire
affidavit and was eventually persuaded not to do so in the light of
the fact that the Committee had already taken note of it.
We do not intend to traverse the evidence of the applicant in any detail. Suffice it to say he was not a very good witness, his testimony was fraught with numerous inconsistencies and contradictions. It also differed in material respects with the allegations or versions contained in his application and the affidavit referred to above.
An instance of this kind of problem with his evidence is that in his application he refers to the incident in which his grandfather was killed: He says: "Me I was behind the house of him (his grandfather's house) and watching." However in his viva voce evidence before us he stated that his grandfather was killed during fighting between two armed groups of ANC and IFP supporters which took place in an open area away from houses and other structures and that he was a few paces away from his grandfather when this happened. It is clear to us that this and other instances of non-disclosure are aimed at establishing a political context to support the applicant's assertion that his acts were associated with a political objective.
In the result we are not satisfied that the applicant has complied with section 20(1) of the Act and accordingly the application is refused.
DATED AT NELSPRUIT THIS 4TH DAY OF FEBRUARY 1999
JUDGE S KHAMPEPE
ADV F BOSMAN
MR I LAX
