DECISION
The Applicant applies for amnesty in respect of the killing of one Mr Msimango who was shot by the Applicant at the time of political conflict in the Thokoza Township in September 1993. The Applicant was never arrested for or charged with the offence.
The application is opposed by the wife of the deceased Mrs Didi Georgina Molefe on the basis that the killing did not take place with a political objective.
Both the Applicant and Mrs Molefe testified at the hearing. A neighbour of the deceased and his wife also testified but nothing of note emanated from her evidence.
The Applicant testified that he was a supporter of the ANC and a member of the self-defence unit in the Mandela section where the deceased also lived. He knew the deceased as one of the elders in the area at whose home people would go to play cards and drink. The deceased and his wife were well-liked people in the area and the Applicant never had any quarrel with either of them.
Applicant had no personal knowledge that the deceased was an IFP supporter but this was conveyed to him by his commander Sam Makhobo who had instructed him to attack the entire household of the deceased because it was clear that there were some moles in the area and the deceased was taken to be one of them because IFP people were observed coming in and out of his house.
Applicant did not follow the order without further ado. He questioned the order in regard to the deceased's wife stating that she was a quiet person who did not do anybody any harm. The Applicant was handed a AK47 rifle by Makhobo and thereafter proceeded to the deceased's house together with one Vusi Masina. Masina called Msimango to the outside of the house whereupon the Applicant shot and killed him.
It is common cause that serious political conflict existed between the ANC and IFP supporters in the Thokoza area at the time of the incident. Although the Committee cannot, on the evidence placed before it, make a finding that the deceased was indeed an IFP supporter, the Committee is satisfied that the Applicant, an undisputed supporter of the ANC and SDU member in the township, bona fide believed him to be one. The deceased's wife worked during the day and acknowledged that she could not say who visited her husband during the day and what transpired at her home during her absence. The Applicant had no personal quarrel with the deceased and although he was never arrested for the offence, he came forward out of his own free will to confess that he had been responsible for the killing and voluntarily disclosed all material facts relevant thereto.
In the premises the Committee is satisfied that all the requirements of the Act have been met and accordingly makes the following order.
The Applicant, Augustus Mkhula Gumede, is GRANTED amnesty for the killing of one Mr Msimango at or near A52 Mazibuko Street, Thokoza on or about 26 September 1993.
We are of the opinion that Mrs Didi Georgina Molefe is a victim in relation to the incident and is accordingly referred to consideration in terms of the provisions of Section 22 of the Act.
DATED at CAPE TOWN this
: day of
: 1999.
Judge DENZIL POTGIETER
Adv. F. BOSMAN
Adv. N. SANDI
PANEL: Potgieter, J.; Adv. F. Bosman; Adv. N. Sandi
EVIDENCE LEADER: Ms T. Thabethe
VENUE & DATE: 13 October 1999
Jiss Centre,
JOHANNESBURG
LEGAL REP. FOR APPLICANT: Mr B. Kopedi
Mohlaba & Moshoana Inc.
21st Floor, SAAU/SALU Building
cnr. Andries & Schoeman Streets
PRETORIA
Tel.: (012) 3289966
Fax : (012) 3264715
VICTIM: Mr Msimango (deceased)
n.o.k. : Mrs Georgina Didi Molefi
A52 Mazibuko Street
Thokoza
ALBERTON 1449 Tel: (011) 8698573
