decisions AMNESTY DECISIONS ELIAS KHEHLO MTOLO AC/99/0226 AM 0538/96 GRANTED https://sabctrc.saha.org.za/hearing.php?id=58904&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/1999/ac990226.htm DECISION ______________________________________________________ The applicant applies for amnesty in respect of the attempted murder of Mathambo Sithole ("Sithole") committed on the 12th September 1992 at KwaMandiza, Mid-Illovo, as well as his conviction for the robbery of a Datsun E20 minibus, the property of one Msolwa Mnchunu, which was being driven by Sithole, committed on the 12th September 1992 at KwaMandiza, Mid- Illovo. The applicant testified and confirmed his written applications and the affidavit which forms part of the bundle. He confirmed that he is presently serving an eight year sentence for robbery. He said that he was an IFP member from the Indaleni area of Richmond. At the time of the incident he was working for Chief Majozi as a guard having been trained at the camp at Amathinkhulu. He was also an induna in charge of the IFP youth in his area. There had been much political violence in the area. His home and garage had been attacked and destroyed and that he had lost family members in violence. He saw the above vehicle during the attacks on his premises and thus believed that Sithole, who he knew as a friend of his uncle, was involved in the violence. On the day in question he and four others were driving in his vehicle. They saw the minibus being driven by Sithole and decided to follow it out of town. At a place among the sugar cane fields called KwaMandiza near Mid-Illovo, they pulled in front of the minibus when it stopped to offload passengers. Sithole saw him and fled. The applicant chased after Sithole for about one hundred metres and fired approximately three shots at him with a G3 rifle but failed to hit him. Sithole escaped unharmed. The applicant then returned to the vehicle and saw one of the people with him, one Khumbulani Sithole driving the minibus away. Later he was informed that the minibus was driven away and burned near Mpumalanga township. He said he gave no instruction in this regard and did not approve of it. He had only intended to apprehend Sithole and to kill him. With the regard to the applicant's testimony we are satisfied that he had made a full disclosure of all the material facts. The Committee is also satisfied that the incident took place within the context of the ongoing political violence between supporters of the ANC and those of the IFP. However, as was correctly conceded by Mr. De Klerk on behalf of the applicant, in the light of the fact that he in no way associates himself with the robbery of the vehicle and its subsequent destruction, amnesty CANNOT BE granted in respect of this aspect. With regard to the attempt to murder Sithole, the applicant complies with section 20(1) of the Act and amnesty is thus GRANTED for this act. Dated at this ................................ day of ................ 1999. ........................................ JUDGE A.B.M. WILSON ........................................ MR. J.B. SIBANYONI ........................................ MR. I .LAX