DECISION
______________________________________________________
The applicant, David Solomon Simelane applies for amnesty in respect of six counts of murder and three counts of attempted murder committed at or near Mphusheni Reserve on 18th August 1992. The applicant was convicted on the above charges and sentenced to a total of 17 years imprisonment, which term he is still serving.
The applicant testified at the hearing giving substantially the same evidence that was given at the trail and which, on basis of common purpose, the trail Judge found " that it was a well planned attack on a political opponent" and that his "participation was minimal", and Mr Robert Mbaba Khuzwayo, who was a major target of the planned attack, opposed the application and rather unconvincingly testified that there was no political conflict in the area that the attack was not as result of political conflict. The applicant testified that he was a member of a group of about 15 ANC members or supporters who were selected and ordered to attack the kraal of Mr Khuzwayo a Chairman of the IFP in the Mphusheni area. The trail court in fact found that the offence was politically related.
It was submitted by the legal representative for victims that, even if the Committee accepts that the applicant and his co- perpetrators, acted on orders of the ANC, the applicant does not qualify for amnesty because he and his companions exceeded their mandate when they indiscriminately attacked members of the community at Mphusheni on their way to Khuzwayo's kraal.
The Committee considered this argument but is of the view that it cannot take an armchair view of the incidents. The shooting occurred before the attacks reached Mr. Khuzwayo's kraal. The applicant fired a random shot, panicked and ran away. He had nevertheless made himself part of a group which set out to attack IFP supporters in an IFP area which was finally carried out by the applicants’ comrades. Two of the applicants’ associates died in the attack. It is not clear at which stage of the attack the various victims were killed or wounded but the Committee does not consider that a finding in this regard is necessary for purposes of its decision.
The Committee finds that the acts were committed during the political struggle of the past in furtherance of the political objectives of the African National Congress, of which the applicant was a supporter. The Committee is satisfied that the applicant had made full disclosure of all material facts relevant to the incident, more particularly that he had disclosed all the names of his co-operators that were known to him.
Accordingly, amnesty is GRANTED to the applicant in respect of the following:
1. The murder of Jabulani Khanyile upon or about 18 August 1992 at or near Mphusheni Reserve.
2. The murder of David Mnyandu upon or about 18 August 1992 at or near Mphusheni Reserve.
3. The murder of Silhendiwe Shange upon or about 18 August 1992 at or near Mphusheni Reserve.
4. The murder of Mbusi Khuzwayo upon or about 18 August 1992 at or near Mphusheni Reserve.
5. The murder of Sibongiseni Goodwill Shezi upon or about 18 August 1992 at or near Mphusheni Reserve.
6. The murder of Bonginkosi Khwela upon or about 18 August 1992 at or near Mphusheni Reserve.
7. The murder of Christopher Xolani Gcina Cele upon or about 18 August 1992 at or near Mphusheni Reserve.
8. The murder of Nyasa Mkhize upon or about 18 August 1992 at or near Mphusheni Reserve.
9. The attempted murder of Sithembiso Nicholas Shange upon or about 18 August 1992 at or near Mphusheni Reserve.
10. The attempted murder of Sibonelo Shange upon or about 18 August 1992 at or near Mphusheni Reserve.
11. The attempted murder of Ntantuza Sithelele Mkhize upon or about 18 August 1992 at or near Mphusheni Reserve.
Signed this day .................................. of ...................... 1999
..............................................
MALL J
...........................................
ADV. F. BOSMAN
..........................................
N. SANDI
