DECISION
The applicant seeks amnesty in respect of the following offences:
a. the murder of Bongani Eric Kunene at KwaMashu in the district of Inanda, KwaZulu Natal on 31st October 1993;
b. robbery with aggravating circumstances, as defined in section 1(1)(b) of Act 51 of 1997, for the assault on the said Bongani Eric Kunene and the removal, with force and violence, from the said person of one 9mm Luger pistol.
He was sentenced to 12 years imprisonment for murder and three years for robbery.
The applicant commenced his evidence before the Amnesty Committee by stating that when he deposed to the affidavit which was submitted in support of his application, he did not include everything which occurred due to the fear he had for his life and that of his family. He indicated that he would disclose everything before the Committee.
He testified that he is a member of the ANC, having joined it when it was still unbanned and it operated as the United Democratic Front. The UDF.
On 27 May 1993, he formally applied for membership and was issued with card No. 69249, which he produced before the Committee. He received military training in KwaMashu under the local commander of MK, namely Mliko Sakharumbe, "Mliko". He served as a marshall during campaigns such as rallies and protest marches.
The applicant was trained to defend members of his organisation, the ANC, and the community against the IFP and Zulu Police, ZP. Their commander, Mliko, was killed by the ZP during October 1993. Eric Kunene, the deceased, a fellow ANC member, was a police informer, impimpi, and he gave the ZP's information about Mliko. On a previous occasion Mr Kunene's house was burned for betraying his fellow comrades.
An instruction was issued by his then commander, Nduna Maphumulo, ordering that Mr Kunene should be killed for spying on fellow ANC members.
The team which went out on the mission to kill Mr Kunene were, Nduna Maphumulo; Mbomseni Gimba; Mtu and the applicant. The applicant was instructed that he should make sure that he also shoots Mr Kunene as part of his learning experience. This was the applicant's first such mission.
Mtu and Gimba proceeded first to Mr Kunene's house. In order to check whether he was present and armed a young lady, Nomthandazo, was used.
They pretended as if they were assaulting her by kicking her and she pretended to fall down. She ran into the premises of Mr Kunene's house asking for help. Mr Kunene came out of his house, produced his firearm and ordered the "assailants" away from his house.
As Mr Kunene and his wife were leaving their home by car, he was attacked by the applicant, Mboniseni and Nduna. They shot and killed him and took his firearm from him.
Mrs Kunene, the wife of the deceased, was called to give evidence. Her version as to how the deceased was attacked, shot and killed differs from the applicant's version.
Among others she testified that the girl arrived at her house while being chased by one person whom she identified as the applicant;
that her husband was attacked after they had left their home and were parked in the street.
However, she confirms that their house was burned and that there was a rumour that her husband was a police informer. She also stated that she was terrified and shocked by the attack. She believed that during the attack she lost consciousness, blacked out, for a short while and regained consciousness later.
The discrepancies between the applicant's evidence and that of Mrs Kunene can be ascribed to the fact that the applicant was inexperienced in an operation of such a nature and Mrs Kunene was extremely terrified and shocked when her husband was shot and killed in her presence.
The applicant has made a full disclosure of all the relevant facts as requested by Section 20(1) of the Act.
On consideration of all the evidence placed before us, we have come to the conclusion that the applicant be GRANTED amnesty for the murder of Bongani Eric Kunene and robbery of his firearm on 31 October 1993 at KwaMashu, as well as illegal possession of firearm and ammunition and any offence or delict arising from the said incident.
Signed at Cape Town on this 2nd day of March 2000.
Judge A Wilson _______________________
AJ C de Jager _______________________
Mr J Sibanyoni ________________________
