DECISION
The applicant makes application for amnesty in terms of Act 34 of 1995 as amended (the Act) and in respect of ONE (1) count of murder and SIX (6) counts of attempted murder.
On or about the 31st October 1986 at or near Manley Flats in the district of Grahamstown, Albany, the applicant participated with others in the multiple assault of Peli Collen Vaaltyn (14); Mongesi Donyeli (13); Xolani Yoli (12); Khawulezile Jali (15); Bhiya Sidwell Vaaltyn (12); Mcedisi Stofile (13) and Ayanda Pele Bekwa (12);
It seems the aforementioned victims were collected from various places. There was a belief amongst the applicants' group that these youngsters were police informers.
The applicant was a member of the African National Congress (ANC) and also the aligned Youth Organisation which operated in that district.
It is undisputed that the applicant was acting in his capacity as a member of the ANC and the youth congress. Furthermore he was acting under the command of one Mickey, a senior member of the ANC and a highly regarded leader in the vicinity and who was directing matters and ultimately made the decisions.
After stoppages at various venues, the two groups got to a farm at Manley Flats where these youngsters were severely assaulted. Thereafter it was decided that they should be shot and killed. Because the applicant had only one bullet for the firearm in his possession, he asked them to line up one behind the other. It seems he reasoned that the single bullet would penetrate and probably killed all if he were to discharge the bullet while they stood in a row. Peli Collen Vaaltyn (deceased) was at the front of the row of victims.
The applicant discharged the fire arm in the manner described and killed the deceased. The others survived this attempt to kill them and for some reason were released thereafter.
The victims and their families were represented. The Committee was informed by way of an affidavit signed by Xolani Yoli and verbally on behalf of the others that there was no real objection to the granting of amnesty provided the applicant told the truth.
From the broad allegations to be found in Yoli's affidavit and the testimony of the applicant it seems that the applicant testified to what occurred that day.
While this may be so, the Committee still has to examine the issues and determine whether amnesty should be granted.
Clearly the incident was driven by political motives. At the time, police informers were regarded as legitimate targets. While it was suggested that the victims were not informers, the applicant maintained throughout his testimony that he had regularly seen them in the company of the police and was convinced at the material time that they were indeed police informers. He conceded however that he had no knowledge of anyone being arrested or harmed by the police as a direct result of information provided by the victims or any of them.
Significantly it was never suggested that the applicant's activities in this matter was anything but political. Neither is it probable that he would have acted as he did for reasons other than those for which he says he did. We accept that he committed these acts in the bona fide belief that the victims were police informers.
He has complied with the formalities of the Act and we are satisfied that he has complied with the requirements thereof.
In the result, the applicant is GRANTED amnesty in respect of the murder of Peli Collen Vaaltyn and for SIX (6) counts of attempted murder in respect of Mongesi Donyeli; Xolani Yoli; Khawalezile Jali; Bhiya Sidwell Vaaltyn, Mcedisi Stofile and Ayanda Pele Bekwa.
Fancy Nozibonele Patosi, the mother of the deceased and the six (6) victims of the attempted murder offences are declared victims as envisaged by the act, and these matters are referred to the Reparation and Rehabilitation Committee for attention.
Signed at Cape Town on this
: day of
: 1999.
JUDGE R. PILLAY MR I. LAX DR W. TSOTSI
