decisions AMNESTY DECISIONS 2000-11-14 CAPE TOWN JOSIAS SEEMISE AM8044/97 GRANTED/REFUSED https://sabctrc.saha.org.za/hearing.php?id=59182&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/2000/ac200201.htm DECISION The applicant is seeking amnesty for the following offences and incidents:- 1. The murder of Zini Shongwe and attempted murder of several other persons whose names appear below during or about 30 July 1991 at or near Ermelo. 2. The attempted murder of United Democratic Front ("UDF") members at Isikhomplazi at or near Ermelo during or about 1990; 3. The murder of two (2) unknown scholars from Thembisa Secondary School at or near Ermelo during 1990; 4. The murder of three (3) scholars at or near Ermelo in or about 1991; 5. The attempted murder of Tilly Nkosi at or near Wesselton, Ermelo, during or about 1991; 6. The attempted murder of Mr Crucket at or near Extensia, Ermelo, during or about 1991; 7. The murder of Jackson Kubeka in Kati township at or near Ermelo during 1991; 8. Various crimes of murder, attempted murder and arson committed at or near Davel during or about 1991. At the relevant time the applicant was a member of the Inkatha Freedom Party ("IFP"). Presently he is serving a long term of imprisonment for some of the offences which he committed, ranging from murder to attempted murder of members and supporters of the African National Congress ("ANC") in the Mpumalanga Region. An overwhelming number of his actions were carried out with Israel Nyoni Hlongwane, also an IFP member, who previously received amnesty for most of the crimes. The transcript of the evidence that was tendered by Hlongwane at his own hearing was part of the bundle of documents that were placed before the Committee. To expedite the proceedings, the present applicant made a constant reference to relevant portions of the said evidence, the correctness of which he generally confirmed. The political history and profile of the applicant can be summarised as follows:- 1. THE MURDER OF ZINI SHONGWE AND ATTEMPTED MURDER OF SEVERAL OTHER PERSONS ON 30 JULY 1991 AT ERMELO The attack occurred because the applicant and other Black Cats members were in search of Popolina Shongwe, the son of Zini Shongwe, whom they wanted to kill. When they could not find him they killed her. The killing was intended to avenge the murders of IFP supporters who were being killed in the ravaging conflict between the ANC and IFP. All the said persons, including Zini, were unknown to the applicant and his co-perpetrators and neither Hlongwane nor Mqobokazi believed that they were members of an opponent political organisation (the ANC) and there was not even a suspicion to that effect. The applicant has testified to no (political) objective which was being sought when the patrons were attacked with a hand grenade. We have very carefully considered the evidence pertaining to the murder of Zini Shongwe and we are not satisfied that it was necessary to kill her to ensure that they could lay their hands on Popolina if he came to attend her funeral. The possibility, if not a probability, existed that Popolina would stay away from the funeral and not come back home at all in fear of being killed like his mother. There is also no evidence that any follow-up was made by the applicant and Hlongwane to monitor the whereabouts and movements of Popolina both before and on the day of the funeral so that he could be attacked. We are very alive to the fact that in the circumstances the applicant acted as a so-called foot soldier. We however remain convinced that the murder and attempted murders of the patrons were totally unjustified in the circumstances. In this regard we regret being unable to agree with another panel which previously granted Israel Nyoni Hlongwane amnesty for his involvement in the said incident. It is our considered view that amnesty should never have been granted in the circumstances of the case. 2. THE ATTACK ON UNITED DEMOCRATIC FRONT ("UDF") MEMBERS AT ISIKHOMPLAZI Isikhomplazi was regarded as an ANC stronghold and its residents were generally targeted for attack. An order had been issued by Mqobokazi to Hlongwane to attack the owners of the shop. One evening the applicant took Hlongwane there to point out the place to him. On the day of the attack Hlongwane was in the company of the applicant who again pointed out the place to him. According to the applicant this was all he had to do. He did not take part in the execution of the attack. One person died in the incident and this information was conveyed to Hlongwane by Mqobokazi. There were no arrests following the incident. 3. THE MURDER OF TWO (2) UNKNOWN SCHOOL CHILDREN FROM THEMBISA SECONDARY SCHOOL This incident occurred in 1991 as a result of an order from Mqobokazi. It was ordered that they be killed because they protested against the admission of Black Cats members as student at the school. At that time Black Cats members were very unpopular in Ermelo for their actions against residents, in particular ANC and UDF supporters. The applicant says any person who was opposed to Black Cats was regarded as an enemy and had to be killed. The two (2) scholars were known to the applicant as some of the scholars who were opposed to the admission of Black Cats members as students at the school and on the day in question during 1991 he pointed them out to Hlongwane. They were shot and killed on the scene. Reprehensible as this action was, there can be no doubt that it occurred as the result of the conflict between the ANC and the IFP of which the Black Cats were a part. 4. ATTACK ON THREE (3) ANC SCHOLARS The attack took place at night and it was carried out by Hlongwane and the applicant, again on the orders of Mqobokazi. Initially the order was to track down and kill as many ANC leaders as possible but all attempts were in vain. Then Mqobokazi commanded that Hlongwane should kill any ANC supporter he encountered in the street, In his evidence which was confirmed by the applicant Hlongwane says:- 5. THE ATTEMPTED MURDER OF TILLY NKOSI AT OR NEAR WESSELTON DURING 1991 6. THE ATTEMPTED MURDER OF MR CRUCKET AT OR NEAR WESSELTON, ERMELO, DURING OR ABOUT 1991 Mr Crucket was attacked because it was believed that he was supporting the ANC whose members held gatherings at his home. According to orders from Mqobokazi, he was supposed to be killed and the applicant gave Hlongwane a description of his physical appearance as well as the location of his house. When he was shot at he ducked and some unseen people returned fire from his house. They were shooting at Hlongwane who was forced to retreat from he scene. Crucket was hospitalised as the result of the injuries he sustained. No prosecution ensued from the incident. 7. THE MURDER OF JACKSON KUBEKA IN KATHI TOWNSHIP NEAR OR AT ERMELO DURING OR ABOUT 1991 8. CRIMES COMMITTED AT DAVEL DURING 1991 After a while the applicant, Hlongwane and several other Black Cats members moved to Davel where they carried out a number of attacks on houses belonging to ANC supporters. They were doing so on the instructions of Mqobokazi after the latter was approached by Mkhonza, an IFP member and Davel Mayor, whose home had allegedly been attacked by ANC supporters. There were several other houses in the area belonging to IFP members which had also been attacked. Mkhonza wanted the IFP to avenge the attacks. For the present purposes we do not deem it necessary to detail the offences as these will be apparent in our decision in respect of which offences amnesty is granted or refused. But suffice it to say that it can be accepted that the applicant was acting on behalf of the IFP and executed orders from Mqobokazi who was an IFP leader. In the result the application for amnesty is decided as follows:- 1. The applicant is REFUSED amnesty in respect of the murder of Zini Shongwe and the attempted murder of Pienkie Mirriam Shongwe; Guliwe Shongwe; Kenneth Dennis Masango; Jabile Jostina Khumalo; Wilson Petros Nkosi; Madoda Lionel Mbokani at or near Extensia, Ermelo on or about 30 July 1991. 2. Amnesty is GRANTED in respect of the murder of an unknown person and the attempted murder of an unknown number of people, all being supporters of the UDF/ANC at the Esikhomplazi Shop at or near Ermelo during 1990. 3. Amnesty is GRANTED for the murder of two (2) unknown scholars from Tembisa Secondary School, Ermelo, during or about 1991. 4. Amnesty is REFUSED for the murder of three (3) unknown scholars from a night school at or near Ermelo in or about 1991. 5. Amnesty is GRANTED for the attempted murder of Tilly Nkosi at or near Wesselton during or about 1991. 6. Amnesty is GRANTED for the murder of a man only known as "Crucket" at or near Extensia, Ermelo, during or about 1991. 7. Amnesty is GRANTED for the murder of Jackson Khubeka at or near Kati Township, Ermelo during or about 1991. 8. Amnesty is GRANTED for the murder and attempted murder of an unknown number of persons and the burning down of several houses at or near Davel during or about 1991. In our opinion all the persons injured as well as the next-of-kin of the deceased in respect of the incidents for which amnesty is hereby granted, are victims and are accordingly referred for consideration in terms of section 22 of the Act. SIGNED at CAPE TOWN ON THIS the 14 DAY OF November 2000. ________________________________ JUDGE D POTGIETER SC ________________________________ ADV N SANDI ________________________________ MR J B SIBANYONI