DECISION
The applicant applies for amnesty in respect of the following offences:
1. The murder of Mphikwana Khanyile during April 1983, near the Lamontville Hall in Lamontville.
2. The murder of Bongani Mhize (aka Sash Ntombela) on or about 21 May 1983 in Gwala Street, Lamontville.
The applicant testified that while he was attending the funeral of Msizi Dube, an activist who was assassinated on 25 April 1983, he saw the deceased, Mphikwana Khanyile, standing nearby. He walked up to the deceased and requested him to leave the area because the deceased was generally known to be a
police informer and was not welcome at the funeral of an ANC supporter. The crowd moved towards them and the deceased started running. He was pursued by members of the crowd and stabbed and stoned to death. The applicant did not take part in the killing and the deceased was already dead when he arrived at the scene. He, at no time, had the intention to kill the deceased. On the evidence before the Committee it was clear that he could not be found guilty of the offence of murder of any other offence for which amnesty could be granted. As a result of this, the applicant withdrew his application for amnesty for the murder of the said Khanyile.
As far as the murder of Bongani Mkhize is concerned, the applicant testified that the latter was the leader of the Mashaolin Gang. He later conceded that he might have been a member but not the actual leader. The applicant himself was a supporter of the then banned ANC whilst the Mashaolin Gang supported the councillors of Lamontville, who were seen as supporters of the then Government. At the time there was an intense struggle between supporters of the two groups.
The applicant, while on his way to Stage Theatre to attend the rehearsal of a play, was informed of the assassinations of Mthimkhulu and Chili, both supporters of the Masibonisane Lamontville Youth Organisation (MALAYO) of which applicant was a leading member. MALAYO and the Joint Rent Action Committee (JORAC) were front organisations formed for supporters of the banned ANC and later affiliated to the UDF.
On learning of the death of their comrades the applicant, Sibaya, Moloko, Seme, Shange and Cebekhulu (all co-members of MALAYO) decided to eliminate the deceased who they perceived to be the leader of the Mashaolin Gang. They firmly believed that this group was responsible for the murders of their comrades as they were murdered in the area where the group operated. As already stated the Mashaolin Gang were seen as supporters of the councillors who supported the structures of the then Government.
They went to look for the deceased, found him at his house and pursued him down the street. When he attempted to escape they stoned and stabbed him. They left him thinking he was dead. On looking back they saw that he was sitting up and they rushed back. The applicant had a bottle containing acid, which he intended to use to remove paint at the theatre. He handed this to Sibaya who poured it on the deceased while they proceeded to finally kill him.
The applicant testified that the gruesome killing was intended to serve as a lesson to other members of the group and any other gangs who were harassing the community and opposing free political activities.
The Committee is satisfied that the murder of Bongani Mkhize was associated with a political objective directed at a political opponent and that the applicant has made a full disclosure of all the relevant facts.
Amnesty is therefore GRANTED to the applicant in respect of the murder of Bongani Mkhize (aka Bongani Mkhize) on or about 21 May 1983 at Lamontville or any other offences and delicts arising from this incident.
It is recommended that Mrs Gugu Mkhize, the sister of Bongani Mkhize (aka Sash Ntombela) be declared a victim in terms of the Act.
DATED AT
: THIS
: DAY OF AUGUST 1999
JUDGE A WILSON
C DE JAGER SC
J B SIBANYONI
COMMITTEE: Wilson J, C de Jager SC and
J B Sibanyoni
DATE: 3 August 1999
VENUE: MarianCentre, Pietermaritzburg
EVIDENCE LEADER: Mr Z Mapoma
FOR THE APPLICANT: Mr K Molohlanye
Saloshna Moodley & Co.
9 Highview Road
Overport, Durban
031-2077435 (fax)
031-2077437 (ph)
0824760686
FOR THE VICTIMS: Ms Shirene Neersingh
390 Longmarket Street
Pietermaritzburg
0331-429090 (ph)
0331-944663 (fax)
