DECISION
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The Applicant applies for amnesty in respect of the following offences:
1. The murder of Elphas Ndwandwe on 13 October 1991 at Phola near Ogies;
2. The attempted murder of Amos Behteba Sitole on 13 October 1991 at Phola near Ogies;
3. The malicious damage of the property of Bekuyise Wilfred Nyatikazi at house 644 Phola Township near Ogies; and
4. The illegal possession of firearms, ammunition and explosives on 13 October 1991 at Phola Township near Ogies.
The Applicant testified that he is Xhosa speaking and is at present residing at Umzimkhulu. During 1991 he was working as a driver and transported workers from Phola to the Kendal Power Station. The workers consisted of Zulu speaking people from KwaZulu-Natal and Xhosa speaking people from the Transkei and Eastern Province. The Xhosa speaking people predominantly supported the ANC whilst the Zulu speaking people lent their support to the IFP.
Violence was rife in the area and the two groups at one stage occupied different zones and for three days attacked each other. Although this might be observed to be a faction fight the real issues were political and culminated into a political issue between ANC and IFP supporters.
It is common cause that IFP supporters used to visit the house of Mr Nyatikazi, the school principal in the area. Mr Nyatikazi denied that there was any IFP meetings held at his house but agreed that his house was often visited by people who were IFP members.
The Applicant testified that on the day in question he was approached by the ANC members to transport inter alia Daniel Luvumo, Jacob Vusi Nkosi, Patrick Thubeni, Phethela Mnukwa, Richard Maliphate and Michael Luthuli to the vicinity of house 644 Phola. They carried bags with them and he was aware that the bags contained arms and ammunition and explosives. He was also aware that a decision had been taken to attack Mr Nyatikazi's house and he associated him therewith.
He transported them to a corner near house 644 and drove away. Soon thereafter he heard loud explosions and knew that the attack had been carried out. As a result of the attack Mr Ndwandwe was killed and Mr Sitole injured. They were visitors at house 644 at the time. The owner of the house, Mr Nyatikazi was absent from the house at the time of the explosion. According to him he suffered damaged in excess of R20 000.00.
Mr Nyatikazi denied that he was the chairperson of the IFP at the time. He stated that Mr Zulu was the IFP chairperson and IFP leader in the area. It seems however that the applicant bona fide believed that he was involved in the IFP organisation in the area and he was perceived to be a political opponent involved in the struggle. The Applicant didn't actively take part in the attack on the house but assisted in transporting the attackers and associated him therewith.
The Committee is satisfied that the attack was associated with a political objective, that the Applicant has made a full disclosure of the role he played in the attack and of the identity of the other people involved.
The Committee is satisfied that the requirements of the Act have been met.
Amnesty is GRANTED to the applicant in respect of:
1. The murder of Elphas Ndwandwe on 13 October 1991 at Phola near Ogies;
2. The attempted murder of Amos Behteba Sitole on 13 October 1991 at Phola near Ogies;
3. The malicious damage of the property of Bekuyise Wilfred Nyatikazi on 13 October 1991 at house 644 Phola Township near Ogies/ and
4. The illegal possession of firearms, ammunition and explosives on 13 October 1991 at Phola Township near Ogies.
The Committee is of the opinion that Mr Nyatikazi as well as the next-of-kin of the late Mr Elphas Ndwandwe as well as the injured Mr Amos Behtemba Sitole should be considered to be declared victims in terms of Section 22 of Act 34 of 1995.
SIGNED at on the day of 2000
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C D DE JAGER A.J.
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ADV F BOSMAN S.C.
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ADV S SIGODI
