decisions AMNESTY DECISIONS 2000-11-16 CAPE TOWN MOSES MTU DLAMINI AM 1574/96 GRANTED https://sabctrc.saha.org.za/hearing.php?id=59188&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/2000/ac200207.htm DECISION The applicant was charged together with four co-accused in connection with the death of an unknown person during November/December 1992 at or near Tongaat. He was found guilty of murder and the illegal possession of a firearm and ammunition and sentenced to 9 years imprisonment. His co-accused received the following sentences:- Basil Ngwenya - 3 years Sipho Ntuli - 3 years Lucky Ntsheta - 12 years Michael Khumalo was sent to a Reformatory school. The applicant and his co-accused were members of a group of ANC members staying near the airport at Tongaat. The group consisted of 16 members and the leader was Lucky Ntsheta. The latter did not apply for amnesty but gave evidence at the hearing. He supported applicant in his application and explained that he did not apply for amnesty because he did not trust the warders and the amnesty process. The deceased was then taken to a nearby bush, tied to a tree and the applicant was ordered to shoot him. the gun did not discharge and Lucky then stabbed the deceased 4 times with an assegai. They thereafter removed his eyes "so that the police cannot take pictures and see us through the eyes of the deceased". After considering all the evidence the Committee is satisfied that the murder was associated with a political objective. One of the factors leading to this conclusion is the fact that the trial judge found inter alia: "They are victims of their environment. They have been born into an environment where political tolerance does not exist. The applicant at the time of the incident was 18 years old. The judge found him unintelligent (and the Committee had the same experience) "it is plain that he is a follower in every sense. I accept that he is easily influenced, and that he acted at all times under the influence of accused No. 5". Accused No 5 was Lucky Ntsheta, the ANC leader of the group at Tongaat. The allegation that the offence was associated with a political objective and that he acted on instructions of his leader is not an after thought raised in order to pace the whole incident within the ambit of Act 34 of 1995. It was raised at the trial during May 1995 before Act 34 of 1995 was passed by Parliament. The Committee records that notwithstanding efforts the identity of the deceased could not be traced. The Committee is satisfied that the application meets with the requirements of Act 34 of 1995 and amnesty is GRANTED to the applicant in respect of the following offences:- The murder of an unknown man during or about November/ December 1992 at Tongaat in the district of Inanda, and illegal possession of a firearm and ammunition on that occasion. SIGNED AT CAPE TOWN ON THIS 16 DAY OF November 2000 ________________________ JUDGE S KHAMPEPE ________________________ ACTING JUDGE C DE JAGER ________________________ MR W MALAN