The applicant applies for amnesty in terms of Act 34 of 1995 as amended (the Act) and in respect of murder, assault and malicious injury to property.
He was a resident on a chicken farm during 1991. The residents, who were mostly aligned to the African National Congress (ANC) were required to develop a vigilance on the farm because of attacks on the residents by members of the Inkatha Freedom Party (IFP). These attacks were politically motivated. This resulted in regular patrols on the farms to resist these attacks and consequently served as a counter the political aims of the IFP.
On the night of the 7th July 1991, the residents on the farm noticed a group of persons coming towards the farm. These people entered the farm and this resulted in them being chased. One of the trespasses was caught, beaten and killed. Shortly thereafter two figures were noticed going into one of the houses. The applicant and another went to the house and requested only to see if these persons were IFP members. This was refused or ignored. As a result, they broke down the door and entered. They found two of the farm residents there, one of them male. His presence annoyed the applicant because he was not out helping to defend the farm. He was consequently stabbed in the face.
Clearly these offences were committed within the political conflict. There is nothing to suggest that the applicants' version is in any dispute.
We are satisfied that the applicant has complied with the requirements of the Act and consequently he is
GRANTED: amnesty in respect of murder, assault with intent to do grievous bodily harm and malicious injury to property.
We are of the view that there are victims to be attended to by the Reparation and Rehabilitation Department. Their identities are unknown to the Committee. However their interests in this matter is referred to the Investigative Unit for the purpose of investigation and to be referred to the Reparation and Rehabilitation Department thereafter.