decisions AMNESTY DECISIONS TSHEPO NICODEMUS KGOSI AM 3445/96 GRANTED https://sabctrc.saha.org.za/hearing.php?id=59137&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/2000/ac200155.htm DECISION This is an application for amnesty in terms of the provisions of Section 18 of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 ("the Act"). The matter relates to the killing of Alfred Mbuyiselo Wilo ("the deceased") at Evaton, Vereeniging on 25 December 1990. Pursuant to the incident, Applicant was tried and convicted of murder together with a number of co-accused in the Transvaal Provincial Division of the then Supreme Court under case number CC78/92. Applicant was sentenced to 12 years imprisonment. Applicant testified in support of the application, which is unopposed. The evidence can be set out briefly as follows. At all material times, Applicant was a member of the Self-Defence Unit ("SDU") as well as the chairperson of a street committee in Evaton. It is common cause that these structures were formed by and affiliated to the African National Congress ("ANC") of which Applicant was a supporter. According to the uncontested evidence of Applicant, the duties of the street committee included protecting the community against attacks from anti-ANC elements, in particular vigilante groups such as the Inkatha Freedom Party ("IFP"). On the last occasion prior to the incident in question, Applicant had spoken to the deceased personally in regard to a complaint that the deceased had attacked a lady and her family in their home. On that occasion, Applicant ordered the deceased to repair the damage which he had caused to the house in the course of the attack. It was clear from his actions and statements that the deceased was opposed to members of the ANC and Applicant had suspected that he could be a member of the IFP. Having carefully considered the matter, we are satisfied that the Applicant has made a full disclosure of all relevant and material facts and that the killing of the deceased constitutes an act associated with a political objective as envisaged in the Act. In the circumstances we are satisfied that the application complies with all of the requirements of the Act. Amnesty is accordingly GRANTED to Applicant in respect of the killing of Alfred Mbuyiselo Wilo at Evaton, Vereeniging on 25 December 1990. In our opinion the next-of-kin of the deceased are victims and they are accordingly referred for consideration in terms of the provisions of Section 22 of the Act. DATED AT CAPE TOWN THIS __________ DAY OF _________________ 2000. ___________________ D. POTGIETER, A.J. ___________________ C. DE JAGER, A.J. ___________________ ADV. F. BOSMAN