DECISION
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This is 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 applicant has applied for amnesty in respect of his convictions for the murders of Oswald Mthethuzima Mbuyisa Shabane and Thenjiwe Mavis Bhengu, who lived together as husband and wife, on 7 April 1991, at Block 3 Dalmeny Farm, in the District of Inanda.
The applicant testified that he was at all material times a member and supporter of the African National Congress ("ANC"). He said that he joined the ANC in 1990. He was the recruiting officer for the area and chairperson of the Block 3 committee.
The applicant, in his evidence, dealt with the political situation in the area. IFP supporters who were under the leadership of one Ngubo had moved out of the area but continued to threaten and attack ANC members. This made it difficult for him to continue recruiting new members. He also said Ngubo had often visited the home of the deceased and he believed them to be friends.
The applicant testified that he had called a meeting of his area on 7 April 1991 to discuss and number of development issues. At one stage of the meeting, the deceased became the focus of attention because they had suggested enlisting the assistance of an inyanga from Eshowe and opposed the idea of calling on the SADF to protect the developers, It also appeared as if they had contested some of the applicant’s positions, Majola further testified that these suggestions caused a dispute and raised suspicions that the deceased were IFP supporters.
Shabane was questioned about a firearm he was believed to have obtained from Ngubo. A group of people were then dispatched to the deceased’s home to search for this firearm. They returned with a home-made firearm and a bag of herbs believed to be muti. Shabane now admitted to having obtained this firearm from Ngubo. Majola further testified that as a result finding these items it was decided to question the deceased further in order to confirm whether they were IFP supporters or not.
Majola thus felt the deceased posed a threat to the area and that their death would cause the attacks to cease. He also felt that the deceased had come to the meeting to destabilise things and didn’t want development in the area.
Tension grew at the meeting and it was decided to assault Shabane and subsequently Bhengu with a sjambok. Thereafter the applicant admitted to telling the people present to kill the two deceased. Shabane was then shot, apparently by one Mbuyiswelwa; Bhengu fled but was chased by part of the crowd and stabbed; a tyre was subsequently set alight on her body.
We are aware of the fact that there was no cogent evidence that either the deceased were in fact members of the IFP of "inyangas".
It is, however, clear that the actions of the applicant took place within the context of the ongoing tension in the area although the political violence between the supporters of the ANC and those of the IFP had diminished at the time. His actions were aimed at stopping the deceased because they were perceived to be supporters of the IFP and thus against the ANC supporting section of the community in that area.
Although there were some aspects of the applicant’s evidence that were contradictory, he was the only witness to testify before us. The few matters where his evidence was different to that led at his trail and the versions in his statements are not of such a nature as to warrant a finding that the applicant has not made full disclosure of all relevant facts. We are also satisfied that he did not act out of ill will, spite or malice or for personal gain.
We are horrified that the killings of Bhengu may have been caused by so-called "necklacing". We are, however, satisfied that the applicant did not play an active part in nor was he present at her killing. If we had reason to believe that he had planned, participated in or approved of such a brutal killing we may well have come to the conclusion that in terms of Section 20(3)(f) the proportionality of the act was not such as to entitle the applicant to amnesty. That, however, is not the position here.
Having considered the matter the Committee is of the view that the applicant has satisfied the requirements of the Act. He is hereby GRANTED amnesty for the murders of Oswald Mthethunzima Shabane and Thenjiwe Mavis Bhengu on 7 April 1991 at Block 3, Dalmeny Farm in the District of Inanda.
The Committee is of the opinion that the relatives or dependants of the late Oswald Mthethunzima Shabane and Thenjiwe Mavis Bhengu are victims and they are accordingly referred to the Reparation and Rehabilitation Committee for consideration in terms of Section 22(1) of the Act.
SIGNED AT CAPE TOWN ON THIS 28th DAY OF NOVEMBER 2000
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JUDGE A M B WILSON
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ADV S S SIGODI
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MR I LAX
