DECISION
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The applicant applies for amnesty in respect of the kidnapping and murder of Velaphi Victor Mthetwa (The Deceased) which took place at or near Mpumalanga in Kwa-Zulu Natal during July 1989.
At the time of his death the Deceased was a member of the Inkatha Freedom party (the IFP) and was the secretary of the local branch of that Party in Mpumalanga. The Applicant was a supporter of the African National Congress (the ANC).
Both the applicant and the deceased lived in the Mpumalanga area and both of them worked at Rainbow Chickens in Mpumalanga.
At the time in question political violence was rife in the Mpumalanga area. The violence, which involved supporters of the IFP on the one side and supporters of the ANC on the other, was on-going and resulted in many people being killed and injured and much property being destroyed.
The applicant stated that one day at work the deceased insulted him by calling him an I-kulu, a derogatory term used by IFP members when referring to members of the ANC. An argument ensued and the applicant threatened to kill the deceased. The applicant avers, however, that this was an empty threat and was not the reason why he and his colleagues some time later decided to kill the deceased. He stated that thereafter it was noticed that the deceased played an increasingly prominent role in the violence directed by the IFP against the ANC. According to the applicant the deceased identified certain ANC activists which led to them being executed, he acted in concert with IFP warlords and was also a police informer.
The applicant and some of his comrades, who had formed themselves into a self-defence group, namely Mandla Khanyile, the leader of the group and Mabongi Nzimande decided that the deceased should be killed because of the loss of life and grief he was causing in the ANC community.
Thereafter the applicant, Mabongi Nzimande and two other members of their group, namely Bhekisisa Shelembe and S'gadla Magubane abducted the deceased at a taxi rank. They took him to Bhekisisa's house where they interrogated him about where the IFP hid their weapons. Mabongi then took the deceased to an abandoned house. The applicant followed with the intention of killing the deceased at that house. When the applicant arrived at the house he discovered that Mabongi had already stabbed the deceased to death.
Approximately three weeks later the applicant was arrested in respect of the death of the deceased. However, he never stood trial as the charges against him were withdrawn.
The applicant was the only person to testify at the hearing of this matter. An affidavit deposed to by one Alpheus Mdudusi Mbanjwa was handed in by consent. The applicant, both in the application form completed by himself and in his testimony implicated Mr Mbanjwa in the planning of the death of the deceased. Mr Mbanjwa, in his affidavit, denied any involvement in the incident.
After having considered the evidence and documentation placed before us we are of the view that the deceased was not killed solely because he had insulted the applicant at his workplace. We are satisfied, particularly in taking into account the senior position the deceased held in the local branch of the IFP and the fact that political violence between the IFP and the ANC was rife in the area, that the deceased was identified as a legitimate target by the Chairperson and his colleagues and that his abduction and murder were crimes associated with a political objective committed in the course of the conflicts of the past. We are also satisfied that the applicant has made full disclosure of all relevant facts pertaining to such crimes. We are also of the view that the Chairperson, although he did not kill the deceased himself, is liable in respect of the murder, at least at the level of being an accomplice.
In the circumstances the application succeeds and the applicant is GRANTED amnesty in respect of the kidnapping and murder of Velaphi Victor Mthethwa which took place at or near Mpumalanga during or about July 1989.
We are of the opinion that the dependents of the deceased are victims and this matter is referred to the Committee on Reparation and Rehabilitation for consideration in terms of Section 26 of Act no. 34 of 1995.
SIGNED AT..................THIS.....DAY OF..........2000
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JUDGE S MILLER
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ADVOCATE N SANDI
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MR W MALAN
