decisions AMNESTY DECISIONS PRINCE BHEKISISA SHANGASE AC/99/0218 AM 3825/96 REFUSED https://sabctrc.saha.org.za/hearing.php?id=58896&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/1999/ac990218.htm DECISION ______________________________________________________ This is an application for amnesty by Prince Bhekisisa Shangase for the robbery and murder of Victor Lungiswa Zunga at Esikahwini in the region of KwaZulu Natal in 1993. The attack was carried out by the applicant, two IFP members, Nhlakanipho Mattwengu Mathenjwe and Ben Mbambo. The applicant is now serving a long term of imprisonment as a result of his involvement in the attack. He also says he was a member of the South African Police Force (SAP) and the Inkatha Freedom Party (IFP) at the time of the incident. It is, however, not his case that when he took part in the commission of the said offences he was furthering the aims of the SAP or IFP. Shortly, his evidence can be summarised as follows: On the day in question he met Nhlakanipho and Ben Mbambo at the house of Patrick Dube. They borrowed Dube's car and asked applicant it drive them to the home of Mrs. Mabuyazi. They both carried AK47 rifles. When they arrived at the home of Mabuyazi, they went in while he remained in the vehicle. He did not know what the two had come to see Mabuyazi about. On their way out the two were accompanied by Mabuyazi who greeted applicant and expressed a wish that they go well. She also said that they should look after each other, and wished them a successful operation. The applicant says that he did not know what she was referring to, nor did he ask Nhlakanipho and Ben what the "operation " was going to be about. He just followed the directions as indicated to him by Nhlakanipho and Ben. He learnt that the person who had been killed was Zungu. He had not known Zingu and did not know that his companions were going to attack and steal his car. The applicant says he assisted Nhlakanipho to find a place to hide the stolen vehicle. Later he received a message that Mabuyazi wanted to see him. When he saw her she told him that the wrong person has been killed. There is no evidence as to who was supposed to have been killed and why. At the hearing Mabuyazi was represented by Miss Williams, who said that her client did not oppose the application and maintained that she was not involved in the offences committed by Nhlakanipho and Ben Mbambo. Although the applicant said he was an IFP member there was no evidence that the deceased was a member of any political organisation. There was no evidence whatsoever that the applicant participated in the offence with the purpose of achieving any political objective. This was nothing less than an ordinary criminal offence. The application is accordingly REFUSED. The deceased had an eleven year old son whom he supported. Because the applicant for amnesty is refused, the child cannot be declared a victim in the terms of the Act. Dated at ........................... on the ............... day of........................... 1999. ............................................................. JUDGE MALL .............................................................. ADV.F.BOSMAN ............................................................... ADV. N SANDI