DECISION
This in an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 ("the Act"). The five Applicants apply for amnesty in respect of the murder of an elderly lady, Emmah Mtsweni ("the deceased") on the 1st January 1991 at Section "B", Pietskraal (former KwaNdebele), a rural area in the Mpumalanga Province. This was a witchcraft related killing. Applicants were the only witnesses at the hearing.
The First Applicant, July Mabhoko Mtsweni testified that at all material times he was a supporter of the African National Congress ("ANC"), that he attended meetings of the ANC whenever he was at his home.
Fourth Applicant, Phillip Mfulathelwa Mtsweni, was then called to testify. He stated that both First and Second Applicants are his brother's sons and that his father and the deceased's husband are brothers. He was a follower and supporter of the ANC.
Second Applicant, Speelman Ernest Mtsweni, confirmed that Fourth Applicant is his uncle and that First Applicant is his brother. He was a supporter of the ANC and grew up at Pietskraal, under the influence of tribal leaders, traditional healers and chiefs. He attended ANC meetings and participated in protest activities such as consumer boycotts.
Third Applicant, Johannes Jabulani Mahlangu, was a card carrying member of the ANC Youth League ("ANCYL"). He actively participated in its activities such as boycotts. He joined the UDF in 1987 or 1988.
Fifth Applicant, Charles Michael Skosana, testified that he was a supporter of the ANC. He used to attend rallies and meetings. He stated that he was also a member of Intando Yesizwe (IYP) an affiliate of the ANC. the IYP was active in his area. He spoke of a conflict which existed between Mbokodo, a vigilante grouping, on the one hand and IYP and the ANC on the other hand. In meetings they were told that they were opposing Mbokodo. Skosana stated further that there was also a civic organisation in Pietskraal which was affiliated to the SA National Civic Organisation (SANCO); that in 1988 the civic organisation instructed that the problem of witchcraft in the area of Pietskraal had to be eradicated.
For the sake of convenience all of the Mtswenis will be referred to by their first names in this decision. The other parties will be referred to by their surname.
The evidence adduced before the Amnesty Committee was that both the father and mother of July and Speelman passed away, in quick succession. The deceased came to their home and confronted them with allegations that they have apparently made to the effect that she was a witch who had caused their parents' death. This they denied and demanded to know her source. She left without disclosing who told her so.
After this incident, the Mtsweni brothers received a letter from Chief Makhoko summoning them to his tribal court. They attended the "hearing" relating to the allegations ascribed to them by the deceased. They again demanded to know her source. The dispute remained unresolved.
Later they received another letter summoning them to Mashiane, a junior chief at Pietskraal where the matter was again unsuccessfully addressed. Here it was agreed that the dispute should be taken to Maguduza, a traditional healer (isangoma, Mloi or ngaka or inyanga). The aim was to find out who was accusing the deceased of being a witch.
On their first visit to the traditional healer they could not be assisted because they did not make an appointment. They then agreed upon a later appointment. However, before they could go on the agreed date, the children of the deceased approached the Mtsweni brothers and indicated that they would not attend at the traditional healer chosen by the Mtsweni brothers. They had decided to take the matter to the comrades at Kwaggafontein, KwaNdebele and that the comrades would be brought to Pietskraal to burn down the Mtsweni house.
Selinah, the Mtswenis' sister, reported the threat to Sekwati and Scotch, the local ANC leaders. The two leaders called a meeting and fetched the children of the deceased. It was re-arranged that the parties should go to the Sangoma. When the agreed date came, a meeting was convened at a local school attended by between 200 and 300 people. The deceased and her children did not show up.
At this stage the matter was completely in the hands of the comrades who took control of it and dictated how it should be handled.
The meeting resolved that the deceased should be fetched from her home. July drove his uncle's bakkie to fetch her. Phillip accompanied them driving another bakkie. She was not found at her home but her children stated that she had gone to her brother in Vaalbank. The children were forced into Phillip's bakkie and the two bakkies drove to Vaalbank.
On the way, at Waterval petrol was purchased to fill the bakkie and some petrol was kept in a 5 litre container. July had become angry and decided that Emmah should be burnt. She acted suspiciously by having gone to Vaalbank.
The deceased was taken forcibly out of the house in Vaalbank where she was hiding and put in one of the vans. The vans drove back to Pietskraal. They stopped at the school where the crowd of about 200 to 300 people had gathered. They suspected that the police might be following them. They had a short discussion and then moved to a nearby mountain.
July suggested to Phillip that they should take the bakkies home because they would be a hindrance if police would come. They did this. July left the 5 litre petrol with a certain Victor Ntuli.
As July and Phillip were reaching their home to leave the vans there, police arrived and arrested them. They tortured them and demanded to be shown where they had dropped the deceased. They took the police to the place in question. As they were approaching the mountain they noticed a fire. The deceased was burning. The police who went closer, reported that she was dead.
Phillip confirmed the evidence tendered by July. He also confirmed his understanding of the role of Ngaka and Mloi, the latter being a person who is capable of causing harm, injury or death to another person by supernatural means. It is someone who is evil. He believes in witchcraft. Mlois bewitched people who were involved in the liberation struggle. He became involved in the issue when the group went to the junior chief, Mashiane. He also accompanied them to Maguduza.
He confirmed what July testified about him. He emphasised that things go out of hand when comrades were called. Before the comrades got involved in the matter, he regarded it as a family matter.
Speelman arrived at the school after the meeting had finished when the multitude was on its way to the mountain. He then described what happened once they had reached the mountain. The deceased was questioned as to who else was involved in witchcraft. People were running, toyi-toying, chanting "Tambo" and "wajika-jika siyakotha"; the latter song meaning if you do not tell the truth, we burn (necklace) you. The deceased admitted that indeed she bewitched the Mtsweni parents. She named a certain Mahlangu as the person who provided the muti (poison). Some comrades left to fetch Mahlangu.
Victor Ntuli gave the 5 litre petrol to a certain Fanya who poured petrol over the deceased and Richard Skosana also followed suit. Speelman also participated in this exercise. He did not see the person who lit the match but the box was with Charles Skosana. Speelman further testified that he believed that a witch should be killed because the witch was evil and an obstacle to development.
He further testified that Scotch and Sekwati decided that the deceased should be killed after confessing to having bewitched the Mtsweni parents.
Jabulani Mahlangu testified that he became aware of the discussions regarding the deceased and concerning witchcraft in the last meeting. He accompanied those who had gone to fetch her. He confirmed everything said by the previous witnesses. He took the deceased out of the car and left her in the hands of the comrades. Thereafter he did nothing.
Charles Skosana testified that the deceased and her family were supporters of Mbokodo which was oppressing the UDF. Members of Mbokodo used to go to her house during the night. He explained that Mbokodo was an organisation run by businessmen and was working with whites who owned companies. Some of the Mbokodo members were informers spying on different people. After petrol was poured on the deceased, one Jan asked him whether he had a match. After he answered in the affirmative, he was ordered to set the deceased alight, which he did.
Some of the Applicants stated that the dispute between the deceased and the Mtsweni brothers started as a family affair. The evidence leader, Ms Mtanga, argued and submitted that because of this factor politics was not involved but the incident is merely a family debacle.
However, the evidence tendered before the Committee clearly shows that after the children of the deceased stated that they had enlisted the assistance of the comrades from Kwaggafontein, and Selinah, the sister to July and Speelman, reported the move to the Pietskraal ANC leaders, the matter clearly became a community and political matter. Total control was then vested in the hands of the activists.
This incident occurred in a rural area where the community, particularly the Applicants subjectively believe in witchcraft. Initially no one was suspected after the death of the Mtsweni parents. However, after the deceased confronted the Mtsweni brothers and subsequently refused to go to the traditional healer and eventually admitted that she bewitched the parents by using muti obtained from Mahlangu, the Applicants firmly believed that she was practising witchcraft. The ANC took an interest because it was no longer a family matter. The deceased fell in the category of political opponents. During the killing, the family members of the deceased were not even present at the scene. Instead there were about 200 to 300 people who associated themselves with the killing.
Although Charles Skosana referred to a conflict between the IYP and Mbokodo and that the local civic organisation took a decision that the problem of witches in the area should be solved by evicting them, he conceded that the fact that the deceased was a supporter of Mbokodo played a relatively minor role. The incident was sparked off by the alleged bewitching of the Mtsweni parents.
The Committee must decide whether, in the present application, the five Applicants have complied with the requirements of the Act. There is no doubt that they complied with the formal requirements of the Act.
It is also clear that the act was not committed for personal gain, or out of personal malice, ill-will or spite as set out in section 20(3) of the Act.
There is no doubt that the Applicants are not withholding any information from the Committee. The Committee is satisfied that they have made a full disclosure of all relevant facts in compliance with the provisions of section 20(1)(c) of the Act. As pointed out above, although the incident started off as a dispute concerning the death of the Mtsweni parents, it eventually became a fully fledged political matter. The issue of witchcraft was but one factor that played a role in the eventual culmination of events leading to the death of the deceased. We are accordingly satisfied that the incident constitutes an act associated with a political objective as envisaged in the Act.
The five Applicants are accordingly GRANTED amnesty for the murder of Emmah Mtsweni at Pietskraal, Mpumalanga Province on the 1st January 1991.
It is recommended that the next-of-kin of Emmah Mtsweni be declared victims and are accordingly referred to the Reparations and Rehabilitation Committee for appropriate action.
DATED AT CAPE TOWN THIS
: DAY OF
: 2000.
: JUDGE DENZIL POTGIETER
: ADV N SANDI
: MR J B SIBANYONI
