DECISION
Tom Jabulani Madlala (who is hereinafter referred to as the first applicant) was convicted on four counts of murder on 8th August 1991. He was sentenced to fifteen years imprisonment on each count, but the sentences were ordered to run concurrently.
It is appropriate to refer briefly to the background against which these offences were committed. The applicant and members of his family lived among people, the majority of whom were either members or supporters of the Inkatha Freedom Party. Their Chief was Bhekisizwe Luthuli who was one of the leaders of the IFP in the area. The applicant's father was an Induna of Chief Luthuli and an executive member of the IFP in the area.
In 1984 and at a time when the applicant lived in KwaMadala he joined the youth league of the United Democratic Front. He soon attracted the attention of the Security Police and was arrested and interrogated on numerous occasions.
During 1989 he returned to Umthwalume where he was instrumental in forming a branch of the UDF and was elected Chairperson of the Youth League of the UDF. Chief Luthuli and the applicant's father were against the formation of the UDF in their area. Despite this the applicant continued his activities.
On 1st January 1990 a group of IFP members attempted to attack applicant's house but his comrades were able to prevent the attack. During February 1990 the area in which the applicant lived was attacked by the IFP on three occasions. In the course of these attacks, which were carried out in the presence of the police, some UDF members and some IFP members were killed and a number of houses were burnt down.
On the 13th of February 1990 the police raided the area and arrested the applicant and fifteen of his comrades on charges of public violence and attempted murder. After several appearances in court these charges were withdrawn.
On 24th March 1990 there was a further attack by IFP on the Mahwaqa and Mgangani villages, which were mainly occupied by UDF members and supporters. In the course of this attack five members of the UDF were gunned down and a number of men, women and children were wounded. On that occasion the applicant was not present but he received a report from eyewitnesses that the attackers were supported by the KwaZulu Police and members of the South African Police Stationed at Hibberdene and Port Shepstone.
The applicant received a report that IFP was planning another attack on the following day. To stave off that attack, the applicant gathered a number of his colleagues and provided them with arms and ammunition. To forestall another attack the applicant and his colleagues decided to attack their enemy.
It was against this background that the events of the 25th March 1990 occurred. In the course of the attack by the UDF members thirteen members of the IFP were killed.
In his application for amnesty applicant says that among those who were killed were Jabuliswa Thabethe, Nana Shinga and Thulani Gumede. The following day the residence of Mahwaqa and Njangweni were once again attacked by the IFP members and supporters. At least five members of the UDF were killed and several were injured. Twelve houses were burnt down and many people were evicted from their homes and their belongings were either destroyed or confiscated by the attackers.
No members of the IFP were arrested. However, it was the event of the 25th that lead to the charge and conviction of the applicant for the murder of four people.
Unfortunately the records of the criminal trial were no longer available as they had been destroyed. Apart from the three whose names are mentioned by the applicant, the name of the fourth victim is not known.
Mr Roshan Dehal, who appeared for the applicants, submitted on their behalf that there was overwhelming evidence that the offences which were committed by the applicant were committed in the course of the conflicts between the UDF-and the IFP and were associated with a political objective. He said that the applicant had satisfied the requirements of section 20(1) of the Act and that the applicant had made a full disclosure of the offences he committed.
Mr Harkoo who appeared for five of the dependants of the victims were present at the hearing, did not challenge the application.
On consideration of all the facts placed before the Committee we have come to the conclusion that the requirements of the Act have been satisfied by the applicant and he is accordingly GRANTED amnesty for the murder of Jabuliswa Thabethe, Nana Shinga, Thulani Gumede and one other person whose identity is unknown on the 25th March 1990.
The second applicant in this matter is Falakhe Professor Madlala, he is the younger brother of the first applicant. He said that he was also a member of the UDF but held no official position in the organisation. He admitted making common cause with his comrades in the attack on the 25th March 1990. According to him among those who died, were a female whose name was given as Mzelwa and one Geduga was injured.
He confirmed the evidence of the first applicant on the issue of the ongoing political conflict between the IFP and the UDF. The Committee is satisfied that he is entitled to amnesty for the offences committed by him on 25th March 1990.
The Amnesty Committee is of the opinion that the following persons are victims and are accordingly referred to the Committee on Reparation and Rehabilitation for its consideration in terms of Section 26 of the Act.
Nomusa Mso Hadebe
Gertrude Mana Majola
Samuel Fanyana Mzelemu
Albert Shozi
Ana Cele
Signed on this 27th day of March 2000.
: MALL J
: J.B. SIBANYONI
: C.D. DE JAGER
