: DECISION
This is one of those cases emanating from the conflict between the ANC and the IFP in the kwaZulu Natal region. The applicant is currently serving a long term of imprisonment having been convicted and sentenced to 12 years' imprisonment for the attempted murder of Thulani Simon Mkhize, Sikhumbuzo Mdlalose and Siyabona Alpheus Ngcobo. This incident happened in 1992 at Magongqo location, Pietermaritzburg. The applicant was a member of the ANC. Mkhize was the chairperson of the IFP local branch. Mdlalose and Ngcobo were his security guards, the latter being from the kwaZulu Natal police. It is common cause that the IFP controlled the KZN region and its Police Force. At the hearing the applicant was the only witness to testify in support of his application and both Mdlalose and Mkhize were present. The evidence leader requested them, including Siyobona Alpheus Ngcobo who, due to other commitments, was unable to attend.
It is not necessary to detail all the facts and evidence and these can be summarised as follows:- On the 29th of September 1992 the applicant and ten (10) others raided the house of Mkhize with rifles and guns. They were armed with an AK47, two 303 rifles, one 308 rifle and a shotgun. The other members of the group were armed with spears and Mkhize was being attacked because ANC members believed he was part of the attacks on ANC members. The applicant has testified that he had been given an order by Mroxegu Mathe, a prominent local ANC leader that Mkhize be killed. He also supplied him with the arms. In the ensuing attack, Mkhize, Mdlalose and Ngcobo were injured and Mkhize's Mazda vehicle was damaged.
After considering the evidence, we are satisfied that the applicant has complied with the requirements of the Act and has given a full disclosure of all relevant facts in the incident. It is clear that he acted on behalf of his organisation, the ANC and had orders to kill Mkhize. Significantly, Mkhize has made an affidavit in which he deposes that he thinks that he was attacked because he was an IFP chairman in the area. Ngcobo and Mdlalose were in the vehicle when they were attacked.
Amnesty is therefore GRANTED for the attempted murders of Mkhize, Mdlalose and Ngcobo and for unlawful possession of unlicensed firearms. amnesty is also GRANTED for malicious injury to property.
The victims are hereby referred to the Committee on Reparation and Rehabilitation for consideration in terms of the Ac.
Dated at Cape Town this 22nd day of November 1999.
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Judge DENZIL POTGIETER
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Adv F.J. BOSMAN Adv N. SANDI
PANEL: Potgieter, J; Adv. F. Bosman; Adv. N. Sandi
EVIDENCE LEADER: Mr Z. Mapoma
DATE & VENUE: 17 November 1999
Durban Christian Centre
DURBAN
LEGAL REP. FOR APPLICANT: Mr S. Panday
26 Clare Road
SYDENHAM
Tel: (031) 2071089
Fax: (031) 2071075
VICTIMS: Thulani Simon Mkhize
Magogqo Location
Table Mountain
PIETERMARITZBURG
Tel: (0331) 909057
Sikhumbuzo Mdlalose
Magogoqo Location
Table Mountain
PIETERMARITZBURG
Siyobona Alpheus Ngcobo
Kwa Makhutha SAPS
Kwa Makhutha
