DECISION
The applicants apply for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 ("the Act") in respect of their conviction for the murder of Fannie Bafana Nkwane committed on 25 January 1991 at Kokosi Township, Fochville. They have both served their sentences and were released during 1996 and 1997 respectively.
Both Applicants testified and their evidence was of a similar nature. In essence they said that Kokosi Township had been a quiet and peaceful place prior to 1990.
They both got involved in political activities during 1990. They testified that a group of comrades fled the violence and harassment in the nearby township of Khutsong and sought refuge with them. These people motivated them to form an African National Congress ("ANC") branch and they did so during 1990. They both got to know the deceased prior to getting involved in politics but became close to him after they joined the ANC youth league. Both regarded the deceased as a person who had motivated them in their political activities.
Towards the end of 1990 rumours began to circulate that the deceased had joined an opposing group which was regarded by the applicants as a vigilante group. The second applicant testified to having seen the deceased in the company of the vigilante group on two occasions. This confirmed in his mind that the deceased had changed his allegiance from the ANC to that of the group they regarded as their enemy.
They both testified that on 25 January 1991 they were called from different places by one Nororo (now deceased) who had been sent by John Mokiri Kekana ("Kekana") to summon them to his shack. First Motloung and later Thloloe arrived there to find the deceased being questioned and assaulted by a group consisting of Kekana, Lucky Molife and one Thabang (now deceased). They were all members of the ANC youth leagues disciplinary committee.
The deceased had apparently confessed to having joined the vigilante group and indicated that he had come to collect information from one Marientjie who he alleged was also spying on the comrades on behalf of the vigilante group. Marientjie was summoned to Kekana's place and she denied that she had been spying on them. She was released.
The group then decided that the deceased should be burned to death but because it was late, he was taken to a forest next to the river by a group consisting of the applicants, Lucky and one Oupa. The deceased was severely assaulted and his body was pushed into the river. The first applicant said that he had struck the deceased with an axe and the second applicant said he stabbed the deceased with a knife. The applicants were not certain whether the deceased had passed away at the stage they pushed him into the river. The group then left the scene.
They both said that it was decided to kill the deceased because it was felt that it was too dangerous to release him because he knew their hiding places and he would inform the vigilante group where the comrades could be attacked. They also felt he was a traitor to their cause.
Both applicants said that they regretted their actions.
The mother of the deceased was present at the hearing. She testified and said that she was not opposing the application and that she forgave the applicants. Although she did not know much about politics she had attended meetings (probably of the ANC) with the deceased. She denied that he had become a vigilante or that he had fled Khusong. As far as she was aware her son had gone to visit his grandmother in Kokosi on the day of the incident.
In considering the matter and all the evidence before us we are satisfied that the applicants have made a full disclosure of all relevant facts and that their acts were acts associated with a political objective as provided for in the Act. Accordingly their applications comply with section 20 (1) of the Act and amnesty is GRANTED in respect of their conviction for the murder of Fannie Bafana Nkwane committed on 25 January 1991 at Kokosi Township, Fochville.
The Amnesty Committee is further of the opinion that the relatives of the deceased Fannie Bafana Nkwane are victims as defined in the Act and are accordingly referred to the Committee on Reparation and Rehabilitation for consideration as such, in terms of Section 26 of the Act.
Dated at Johannesburg this
: day of
: 1999.
Judge D. Potgieter
Mr. J.B. Sibanyoni
Mr. I. Lax
PANEL: Potgieter, J.; Mr J.B. Sibanyoni; Mr I. Lax
EVIDENCE LEADER: Ms L. Mtanga
DATE & VENUE: 10 November 1999
Jiss Centre, JOHANNESBURG
LEGAL REP. FOR APPLICANT: Adv. T.A.N. Makhubele
432 Momentum East
343 Pretorius Street
PRETORIA
Tel.: (012) 3221511
Fax : (011) 3221535
VICTIM: Fannie Bafana Nkwane (deceased)
n.o.k. : Mrs Nkwane (mother)
Khutsong Location
CARLTONVILLE
