: DECISION
This is an application for amnesty in relation to the killing of ten people, attempted killing of four people and unlawful possession of a firearm and ammunition at Izingolweni, South Coast, KwaZulu Natal.
The applicant was convicted in the Supreme Court of South African (Natal Division) Circuit Local Division of the Southern District held at Scottburgh.
On the 20th September 1993 he was sentenced to death for six counts of killing taken as one; also sentenced to death for three counts of killing; fifteen years for killing; five years for each count of attempt to kill and one year for the unlawful possession of a pistol and ammunition. Two counts of killing and two attempts to kill were overturned on appeal. The death sentenced were subsequently commuted to life imprisonment.
It is common cause that large numbers of people were killed in political conflict in the district of Izingolweni, South Coast, KwaZulu Natal during the period 1990 to 1992.
The applicant is seeking amnesty in respect of the death of:
1. Dan Cele;
2. Xolani Dlamini;
3. Thembinkosi Wellington Mauthi Ngcobo;
4. Muntuza Sgadlane Thithiza;
5. Thomas Mfanafuthi Blose;
6. Goodwill Mxolisi Cele;
7. Khehlo Mashikashika Mkhize;
8. Doda Nxumalo;
9. Sipho Shadrack Ngcobo.
He further seeks amnesty in regard to attempting to kill Thokozani Shazi, Jeffrey Sandile Ncane, Babazane Shezi, Maxwell Zulu and Fana Milton Cele. He is furthermore seeking amnesty in regard to the unlawful possession of a firearm and ammunition.
The background at Izingolweni which led to killings can be summarised as follows: There was high political intolerance between the members of the ANC and IFP. They perceived each other as enemies and political violence erupted which led to the killings of ANC and IFP members. The applicant described the scenario in the district as a war. Each organisation wanted to dominate the area and win support for its organisation.
The applicant was elected Youth leader during 1989 to mobilise the youth in the area and to give instructions. He received instructions from James Zulu who was the IFP chairman of the whole of South Coast and one Meshack Cele also a leader and a friend to James Zulu.
The applicant was looked for by ANC members and he at first sought refuge at the local police station and thereafter his brother, Sipho, gave him sanctuary at his shop. This shop was burnt down in an attempt to get him and he was moved to another shop. His sister-in-law was also attacked and enquiries about the applicant's whereabouts were made.
On New Year's Eve either in 1990 or 1991 the applicant's mother invited him for supper. After he had had supper he returned to his brother's shop. The same evening he heard an explosion and when he looked he saw his home engulfed in fire. Along the way home he met his sister who told that their mother had been killed and laying in the burning house. He managed to remove the body from the burning house. Near the garden fence at his home, he picked up a cap which he knew belonged to Dan Cele. He knew him to be dangerous and with ANC activists to be conducting attacks on IFP members during the day.
After his mother's funeral he came out of hiding to pursue the IFP opponents and the killers of his mother. The death of his mother triggered the series of the killings and attempts to kill. His mother was killed to lure him out of hiding.
Dodo Mbambo and the applicant, armed with the cap, went to Dan Cele's place and found him there. After he agreed that the cap belonged to him, they took him to Oribi George and there he gave several names of people who were with him. Applicant wrote the names on a piece of paper. Thereafter he shot him in the head and left him there.
He pursued the people named by Dan Cele. He killed the culprits wherever he found them - on the street, at their homes and even at bus stops. Some of the people killed, he knew personally that they were ANC members who wanted to kill him (applicant).
The firearms used in the killings were given to him by James Zulu and Meshack Cele.
At first blush it would appear that the applicant killed the people in revenge for his mother's death. However, on the evidence as a whole, and having regard that the applicant had to flee his home and go into hiding for fear of his life since he was wanted, his home and brother's shop where he hid burnt, the fact that he killed males he perceived to be his organisation's opponents and associated with the political violence, the notion of revenge is expunged. In fact, the applicant on being questioned made it clear that he would probably have killed Cele even if he had not killed his mother.
Regard is also taken that the applicant was trained by the IFP. Three months before he stood trial for the attempts and killings, the KwaZulu government through the IFP issued him and licensed him with two firearms.
Having regard to the motive for the killings, attempted killing and possessing unlicensed firearm and ammunition, the context in which it occurred, in particular, the fact that the attacks were directed at political opponents, we are satisfied that the killings and attempted killings were associated with a political objective as contemplated in the Act.
Accordingly, the applicant is entitled to amnesty and, therefore, the application by the applicant is GRANTED.
Signed on this the ....... day of ......... 1998.
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MALL. J.
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ADV. MOTATA
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W. MALAN
ADDENDUM
COMMITTEE MEMBERS : Mall J.; Adv. Motata and Mr W. Malan
DATE OF HEARING: 23 March 1998
VENUE: Durban
EVIDENCE LEADER: Mr Robin Brink
COUNSEL FOR THE
APPLICANTS: Mr Herman Alberts
Address:
Tel: (031) 307 1974/5
Cell: 083 2270307
COUNSEL FOR THE
VICTIMS: Mr J. Wills
Address:
Tell: (0331) 428543
Cell: 082 8002831
