: DECISION
The Applicants applied for amnesty in respect of the murder of Wani Khinsele Derick Khanyile at Dambuza in KwaZulu Natal during 1993.
The hearing was attended by Dombi Jeanette Khinisa, the mother of the deceased and her daughters Gugu, Lynette, Sinclair and Khosi.
It transpired that the Applicants were never arrested or prosecuted in respect of this murder. They came forward to ask for amnesty out of their own accord and without being suspected of having committed the offence.
The Applicants testified that they were members of the security department of the ANC at the time and were asked to investigate complaints by the community in Dambuza. This involved complaints about intimidation by a gang led by the deceased. There were allegations that this gang acted in support of the police, who knew about their criminal activities, but did not arrest them. After investigations the Applicants were convinced that the deceased and his gang indeed harassed the community and in particular members who supported the ANC. In this respect they collaborated with the police and were inter alia responsible for the attack on the house of Mr Harry Gwala, a prominent ANC leader. They reported their findings to Mr Entela Skosane who was the commander of the ANC security section in Natal Midlands who then instructed them to deal with the matter as they deem fit. As trained military people they understood this to include the killing of the deceased.
They thereafter started to follow the deceased, waiting for an opportune moment to kill him. On the fatal day they saw him pushing a wheelbarrow with a car battery on it, in the street. They approached him and when he recognised them he tried to escape. Applicant Ndaba fired a shot at him but he continued fleeing until a bullet from Mbanjwa's weapon eventually killed him.
The Applicants reported back to Entela Skosane who approved of their action.
That concluded the evidence of the Applicants. The Evidence Leader then indicated that he will call the deceased's mother to testify the following morning. The next morning, 4 august 1999, the Committee was informed that the mother had been shot during the night. The Committee adjourned the hearing and requested the Director of Prosecutions in KwaZulu Natal to investigate the death and report back to the Committee.
The hearing was resumed a few weeks later and it was reported to the Committee that the death of Mrs Khinisa could not be linked to the fact that she was to give evidence before the Committee. The daughters of Mrs Khinisa indicated that they do not want to give evidence.
After considering the evidence of the Applicants and he affidavits filed, the Committee is satisfied that the requirements of Act 34 of 1995 for the granting of amnesty have been met.
In the result amnesty is GRANTED to the Applicants in respect of the murder of Wani Khinsele Derick Khanyile at Dambuza during 1993.
It is recommended that Gugu, Lynette, Sinclair and Khosi Khinisa be declared to be victims as defined in Act 34 of 1995.
SIGNED AT CAPE TOWN ON THE 7TH DAY OF FEBRUARY 2001
JUDGE A WILSON
ACTING-JUDGE C DE JAGER
MR JB SIBANYONI
