decisions AMNESTY DECISIONS ANDREW CHAUKE,REGINALD JABU SIMELANE,ALFRED SIMELANE,ROBBIE BONGANI MABUZA AM5487/97,AM6400/97,AM6401/97,AM6402/97 GRANTED/REFUSED https://sabctrc.saha.org.za/hearing.php?id=59429&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/2001/ac21147.htm DECISION ______________________________________________________ The first Applicant submitted a comprehensive unsigned statement in which he laid out the circumstances of the murder and the other Applicants submitted unsigned statements confirming the contents of the 1st Applicant's statement. The Police, soldiers, Councillors, Council Police were all regarded by this unit and the ANC as enemies since their main duty was to suppress all political activities and also to arrest and disillusion political activists. The second Applicant attacked him with a stick and assisted in dragging him to Khabo school. The third Applicant hit him with stones and poured him with petrol when they arrived at Khabo School. The fourth Applicant used a stick and stones to assault him, assisted in dragging him to Khabo School and set him alight after third applicant had poured petrol over him. At page 232 she testified that:- Further on she was asked "Now Mr Chauke, did he know the deceased?" Her reply was: - "That's correct, Chairperson, because we were neighbours". MR RICHARD: Where did they find Benjamin's body? Whilst this witness was not such a good witness, her contradictions were not of such a nature as to render her whole evidence totally incredible. The Committee is mindful of the fact that she may well be scared of implicating herself in a murder. Her evidence, however, casts doubt as to whether or not 1st Applicant has made a full disclosure to the Committee. The Committee is thus left with a doubt as to whether this killing was politically motivated or whether it was to assist Linkie to get rid of her brother-in-law who was a nuisance to the family. Also of concern is the fact that 1st Applicant states that he did not know the deceased and yet they were neighbours. Accordingly, amnesty is REFUSED to the 1st Applicant for the murder of Benjamin Masinga. They have also made full disclosure of all the facts relating to this murder. Accordingly, amnesty is GRANTED to: for the murder of Benjamin Masinga. The wife of the late Benjamin Masinga, Kathrin Masinga, is referred to the Reparations Committee. ___________________ JUDGE A WILSON ___________________ JUDGE C DE JAGER ___________________ ADV. S SIGODI ?? /... 2 /... 13