: DECISION
The Applicant applies for amnesty in respect of three incidents, namely, one which occurred at Mazabekweni in which three people died, one which occurred at Bhatom in which three people died and one which occurred at Ixopo in which one person died. All of the incidents took place during or about 1993.
At all times material hereto the Applicant resided in an area known as Plainhill which is a rural area in the district of Ixopo. During 1993 political conflict and violence between supporters of the African National Congress (the ANC) on the one hand and supporters of the Inkatha Freedom Party (the IFP) on the other was rife in Plainhill and its surrounding areas.
Stock theft, arson and murder were regular occurrences and certain ANC supporters in Plainhill, including the Applicant, formed themselves into a Self Defence Unit (SDU). The Applicant was the Commander of the SDU.
With regard to the Mazabekweni incident, the Applicant and a fellow member of the SDU, a person known as Tim, were looking for sheep and cattle which had gone missing. They were in Mazabekweni, a neighbouring area to Plainhill, when they saw two unknown men at a distance. They shouted at them and the two men then fired shots at them. The Applicant and his companion ran away as did their two assailants. A short while later the Applicant came across on Pat Mpangase, who was driving a motor vehicle. Pat Mpangase was also an ANC supporter and was a member of the Donnybrook SDU. The Applicant told him about his being shot at and pointed the direction in which the two unknown men had run away. Pat Mpangase drove off in pursuit of them. Sometime later the Applicant heard the sound of shots. He, however, testified that shooting occurred frequently in that area at that time and he does not know if the shots he heard were fired by the said Mpangase. The following day the Applicant heard over the radio that three people had been killed in the area. Pat Mpangase never told the Applicant that he shot at or killed any person on the day in question.
The incident which took place at Bhatom also involved Pat Mpangase. The said Mpangase approached the Applicant and asked him to point out the area from which IFP supporters attacked the people of Plain hill. The Applicant pointed out an area across the river. Mpangase then stated that an attack should be launched against the IFP supporters in that area and requested the Applicant to recruit people to assist in the attack. Thereafter the Applicant spoke to Mnini Dlamini, a local ANC supporter, and asked him if he would assist by participating in the attack. Mnini Dlamini refused on the grounds that they should only fight in self-defence. The Applicant did not approach anybody else regarding the suggested attack.
The next day, in the absence of the Applicant, Pat Mpangase attacked the IFP supporters in the area which had been pointed out to him by the Applicant. Three persons died in the attack.
With regard to the third incident, the Applicant, on the day in question, went to visit his sister who lived in an informal settlement in the town of Ixopo. He was armed with an AK47 rifle. When at the outskirts of town he hid the rifle under a cardboard box close to the road. He then proceeded into the town. He was seen by a group of twenty to thirty IFP supporters who were armed with spears, sticks and knives. They chased the Applicant who ran to where he had hidden his rifle. He picked up his rifle and continued running away from his pursuers. They caught up with him and he turned around and pointed his rifle at them and warned them not to come any closer. They did not heed his warning and the Applicant shot and killed on of them who was about to throw a spear at him. His attackers then fled from the scene.
The Applicant was never arrested or charged in respect of any of the aforementioned incidents.
With regard to the incident which took place at Mazabekweni, we are of the opinion that there is insufficient evidence to link the Applicant to the killings which he heard off over the radio. There is no evidence that the persons killed included the two people who shot at the Applicant and his companion or that they were killed by Pat Mpangase. It therefore cannot be found that the Applicant is guilty of having committed either an offence or a delict and accordingly there is no basis for granting him amnesty in respect of the Mazabekweni incident.
In respect of the Bhatom incident the Applicant is, on his version, guilty at most of conspiracy and incitement.
We are satisfied that the Applicant, who was the only witness has made a full disclosure of all relevant facts. He gave his evidence in a satisfactory manner and impressed us being both frank and honest.
It is evidence that the attack carried out by the said Pat Mpangase on the IFP supporters at Bhatom was an act associated with a political objective committed during the course of the conflicts of the past as envisaged by the provisions of Section 20 of the Promotion of National Unity and Reconciliation Act, NO.34 of 1995 (the Act).
We are also of the view that the killing of the unknown person by the Applicant at Ixopo, was also an act associated with a political objective as contemplated by the Act. In this regard the only explanation as to why the Applicant was chased by the group of IFP supporters is that the Applicant was their political enemy.
In the result, the Applicant is GRANTED amnesty in respect of:
a) any offence or delict committed by him in relation to the attack which took place at Bhatom during or about 1993 in which three persons were killed; and
b) the unlawful killing of a person by the Applicant at Ixopo during or about 1993.
We are of the opinion that the families of the three persons, whose identities are not known to us, who were killed in the attack which took place at Bhatom during 1993 and the family of the unknown person who was killed by the Applicant at Ixopo during or about 1993, are victims. This matter is referred to the Committee on Reparation and Rehabilitation for consideration in terms of the provisions of the Act.
SIGNED AT CAPE TOWN ON THIS THE 5TH DAY OF FEBRUARY 2001
JUDGE SM MILLER
MR JB SIBANYONI
MR I LAX
