decisions AMNESTY DECISIONS 1997-10-22 MANDLENKOSI TOMMY PHOSWA,MAFUKA ANTHONY NZIMANDE AC/97/0063 AM 3641/96,AM 3095/96 GRANTED https://sabctrc.saha.org.za/hearing.php?id=58547&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/1997/971022_phoswa nzimande.htm DECISION In the early hours of the morning on 26 September 1992 an attack was launched against a number of kraals at the township of Gengeshe, situated near the town of Richmond in the kwaZulu-Natal Midlands. This left nine persons dead and two seriously injured. The victims were all adult males. As a sequel to this incident, the applicants for amnesty in this matter, were charged together with other persons with nine counts of murder and two counts of attempted murder in the Supreme Court at Pietermaritzburg before Mr Justice Levinsohn and two assessors. Both applicants were convicted as charged and sentenced on 1 August 1994 to 14 years' imprisonment. They are both serving their sentence. The incident is part of the ongoing violence and strife that have plagued, particularly the area around Richmond, for some time resulting from conflict between members or supporters of the African National Congress (ANC) and the Inkatha Freedom Party (IFP) respectively. The background is briefly as follows: Many of the families occupying Gengeshe, are related but their political allegiance divided between the ANC and IFP. Some time prior to the incident of 26 September 1992 (this could even be earlier than 1991 which was the date given by the applicants in their testimony at the amnesty hearing) violence broke out between members of the two parties characterised by attacks and counter-attacks resulting in the death of a number of people. In the course of this conflict and on 12 April 1992, Spatelie Poswa, a leader and organiser of the ANC in Gengeshe, was shot and killed. He was the son of the first applicant. According to the latter one, Keswa Poswa, an IFP member, was responsible and was accompanied at the time by Namowakhe Jili, a very active IFP member and the dec eased in respect of murder count number 7 at the criminal trial, as well as Bheka Poswa, an active IFP member and the deceased in respect of murder count number 5 at the criminal trial. Keswa Poswa was tried and acquitted on a charge of murder resulting from this incident. After this incident, all of the ANC members, including the two applicants, left Gengeshe to stay at Ndaleni an ANC stronghold situated on the outskirts of Richmond. Their homes, which were abandoned, were burnt down. According to the police docket 30 homes were destroyed. Subsequent attempts to resolve the conflict failed and more people were killed. Some time prior to 26 September 1992 first applicant received a telephone call from Bheka Poswa threatening that the people at Ndaleni will be attacked and will not see Christmas. The displaced group at Ndaleni then decided to reclaim their territory at Gengeshe. A group of approximately 31 or 32 armed men, including the applicants, arrived at Gengeshe on 26 September 1992. They were spotted by those guarding the area and fired upon, killing one of their number. They then proceeded to launch the attack with the result set out above. We are satisfied that this incident is one of the tragic results of the unfortunate political conflict raging in the particular area between the ANC and IFP. All of the victims were members of the IFP and the attackers members of the ANC. It was, however, brought to our notice during the hearing that the community of Gengeshe has subsequently resolved the conflict and effected a reconciliation, which is a welcome example to others still engaged in violent conflict in the area. In all the circumstances, we are satisfied that the applicants comply with the requirements of Act 34 of 1995 and that the offences to which they applications relate, are acts associated with a political objective. The applications for AMNESTY ARE ACCORDINGLY GRANTED . We are of the opinion that the persons mentioned in Annexure A hereto, are victims in relation to the offences in respect of which amnesty is hereby granted and refer the matter to the Committee on Reparation and Rehabilitation for its consideration in terms of Section 26 of the Act. DATED AT CAPE TOWN, THIS 22nd DAY OF OCTOBER 1997. WILSON, J MS S. KHAMPEPE ADV DENZIL POTGIETER, SC ANNEXURE A 1. Anton Mahawu Shezi (deceased) Next of Kin : Baloon Phoswa (uncle) Address : Gengeshe Location, Richmond 2. Muntu Mkhize (deceased) Next of Kin : Baloon Phoswa (uncle) Address : Gengeshe Location, Richmond 3. Mbovane Nxele (deceased) Next of Kin : Ivy Mashezi Nxele (wife) Address : Gengeshe Location, Richmond 4. Felaphi Dlamini (deceased) Next of Kin : Khonjiwe Nxele (Dlamini) (wife) Address : Gengeshe Location, Richmond 5. Bheka Phoswa (deceased) Next of Kin : Alvina Vumelezi Phoswa (wife) Address : Gengeshe Location, Richmond 6. Mdutswa Madlala (deceased) Next of Kin : Phumelephi Beatrice Madlala (cousin) Address : Gezahlale area, kwaGengeshe, Richmond 7. Namowakhe Jili (deceased) Next of Kin : Julia Jili (mother) Address : Gengeshe Location, Richmond 8. Dumisani Mthembu (deceased) Next of Kin : Tombiza Phoswa (guardian) Address : Gengeshe Location, Richmond 9. Dumisani Mthembu (deceased) Next of Kin : Baloon Phoswa (cousin) Address : Gengeshe Location, Richmond 10. Sengiphelile Sithole Address : Gengeshe Location, Richmond 11.Thulebona Poswa Address : kwaGengeshe Location, Richmond