DECISION
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The applicant applies for amnesty in terms of Section 18 of the Act in respect of the following offences:-
1. The killing of Bhekabantu Samuel Cele;
2. The attempted murder of Goodman Sithombe Ngcobo, committed on the 22nd May 1993 at Mguqile area Ezinqolweni.
In respect of these offences the applicant was convicted and sentenced to 10 years imprisonment.
He testified that he as well as the other persons who participated on the attack on the deceased and Mr Ngcobo were members of the ANC who at all material times relevant hereto resided at Shobashobane. He averred that as from 1990 there was a grave political conflict between the supporters of the ANC and those of the IFP in the area. The conflict arose as a result of a fight between these organisations for political hegemony in Shobashobane. To this extent, both organisations were involved in a chain of attacks and counter-attacks between each other. Pursuant to this conflict the applicant was allegedly attacked several times in 1991 and in October 1993. His house was also attacked during 1992 by members of the IFP. The last straw that broke the camel's back for the applicant was the killing of his brother Bongani Nyawose allegedly by amongst others the deceased and Mr Goodman Ngcobo in their pursuit for the political hegemony in the area.
Prior to the killing of his brother, the applicant had escaped from the jaws of death when he and one Mandla Blose were allegedly attacked by the deceased, Mr Cele. Though the applicant escaped unhurt from this attack , Mandla Blose did not and died at the hands of the aforesaid IFP members.
After the killing of his brother the applicant decided to launch retaliatory attacks against the members of the IFP staying at Ngcobo's place. For this purpose the applicant and Thokozani Mbhele were armed with AK47 whilst his other colleagues were armed with self-made pump guns. These weapons belonged to the ANC and were used for such retaliatory attacks against perceived IFP members.
On the morning of the 22 May 1993 the applicant and his comrades proceeded to Ngcobo's place and entered his yard by crawling on their stomachs to avoid being detected by the occupants therein. They laid in wait for the occupants to come out of the house. A short while later a person came out of the house and the applicant and his group started shooting in his direction, after which that person immediately ran back into the house. The applicant and his group continued to shoot in the direction of the house and those inside the house returned fire by shooting in the direction of the applicant and his group. The shooting lasted approximately 30 minutes. In the exchange of the fire one of the applicants’ member Thokazani Mbhele, was shot dead from the shooting which came from the occupants of Ngcobo's house. During this attack the deceased Bhekabantu Samuel Cele was killed and Mr Ngcobo sustained injuries.
Having regard to the evidence led before us we are satisfied that the attack on Ngcobo's house which resulted in Mr Cele being killed and Mr Ngcobo sustaining injuries, was as a result of a chain of attacks and counter -attacks by and between the ANC and the IFP for a political control over Shobashobane.
We are therefore satisfied that the killing of Bhekabantu Samuel Cele and attempted murder of Ngcobo were acts associated with a political objective as defined in the Act. We are also satisfied that the applicant has complied with the requirements of Section 20(1) of the Act.
Amnesty is therefore GRANTED to the applicant for the following offences:-
1. The killing of Bhekabantu Samuel Cele; and
2. Attempted murder of Goodman Sithombe Ngcobo committed on the 22nd May 1993 at Mguqile area Ezinqolweni.
We are of the opinion that the relatives of the deceased Bkekabantu Samuel Cele and Mr Goodman Ngcobo are victims as defined in the Act and hereby recommend that they be referred to the Committee on Reparation and Rehabilitation for consideration as such in terms of Section 26 of the Act.
Signed on the ....................... day of ............................. 1999.
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JUDGE S. KHAMPEPE
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ADV. C.DE JAGER
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MR W. MALAN
