C:\WINDOWS\Desktop\1998b\980205vdMerwe.htm

                               			                                          
	1.	This is an application for amnesty brought by the applicants 
in relation to the Kathlehong Massacre which occurred on or about 
7 December 1993.  All the applicants were members of the  Defence Unit ["SDU"] 
at the time and they were operating in Moleleki section in the Kathlehong Township.  
The applicants are all members of the African National Congress.
	2.	Originally there were fifteen applicants.  At the hearing it emerged 
that the application in respect of Julian Eseu Ndlebe had been wrongly 
included amongst the applicants for this hearing and was accordingly struck off the roll.  
Siviwe Malcomes Ngam withdrew his application as it turned out that 
he denied having taken part in any of the acts or omission relation to 
the Kathlehong Massacre.  This left thirteen applicants.  
All the applicants testified in support of their respective applications and 
they were legally represented by Mr Madasa.
	3.	The applications were opposed by families of the victims on 
two grounds, namely, that the applicants had not made full disclosure 
and that the acts or omission in respect of which they are seeking 
amnesty had no political objective within the meaning of The 
Protection of Natural Unity and Reconciliation Act, No,34 of 1995, 
as amended, ["the Act"].
	4.	It is common cause that eleven persons were killed in Moleleki 
section between the night of 6 December and 7 December 1993.  The 
applicants are seeking amnesty in respect of the death of Alfred Philemon 
Buthelezi ["Buthelezi"], Thokozani Buthelezi, Itumeleng Edward Mootsi, 
Lucas Buti Hlatswayo, Isaac Mogadi, Ditaba Joseph Mthembu, Peter 
Mavuso Modishwa, Miles Simon Simelane and Isaacs Mbijana Motloung.  
They are not seeking amnesty in respect of the death of Theodora 
Bulelwa Zwane ["Bulelwa"] and Julia Maitse-Buthelezi.	  
	5.	The background events which led to the massacre may be 
summarised as follows.  The conflict between the Inkatha Freedom party 
["IFP"] and hostel dwellers on the one hand, and members of the ANC and 
township residents on the other hand, had led to the cause and formation of the 
SDU to protect the township residents.  Members of the Internal Stability Unit, 
["ISU"] were perceived by the community as taking sides with the IFP.  
Hence, together with the IFP, the ISU were regarded as the enemy by the township 
residents.  In 1991 the Self Defence Unit was formed in Kathlehong Township.  
It was to patrol the township and prevent attacks by the enemy.  Membership 
of the SDU was not limited to the supporters of the ANC nut was open to all 
parties but the IFP.  Hence the members of the ANC Youth League were also 
members of the SDU.  Members of the ANC youth League and SDU patrolled the 
Township side by side.
	6.	In due course, the SDU in Moleleki section became embroiled in internal 
conflict.  The conflict was between the members of the ANC Youth League and the 
other members of the SDU.  On the evidence before us there is a dispute as to what 
was the cause of the conflict.  However, what emerged form the evidence is 
that these two groups accused one another of failing to protect the community and 
of engaging in criminal activities instead.  This conflict led the ANC Youth League 
to break away from the SDU and to patrol separately. The evidence suggests that 
the Anc Youth League patrolled blocks A - E of Moleleki section while the 
SDU patrolled block F.  Although this arrangement was not acceptable to 
the SDU, it appears to have been accepted with reluctancy.  Later the residents 
of block F decided to form a new SDU which was to patrol block F.  
the meeting at which this was decided was called by Buthelezi.  the 
decision to form a new SDU in block F was probably prompted by the 
dissatisfaction with the patrols by the SDU.  The effect of the formation 
of the new SDU in block F would have been that the SDU had no area patrol.  
This exacerbated the conflict between the SDU and ANC Youth League.
	7.	On the evening of 6 December 1993 Bulelwe was found 
murdered in block F.  She was an ANC member and a member of the 
Street Committee in block F.  Both the ANC Youth League and the SDU 
claimed that she was very supportive of each of them.  Each sought to 
suggest that she was not close to either side.  The Youth League suspected 
that she had been killed by members of the SDU.  Later in the evening, a 
number of persons gathered at block C in connection with her death.  
Those who had gathered included members of the community and 
ANC Youth League.  At this gathering, a decision was taken to round up 
all members of the SDU, disarm them and take them to "KBA", this 
being the place where the community meetings were held.
	8.	Those who had attended the gathering split into smaller groups 
for the purposes of apprehending members of the SDU.  The group in which 
Tusanang Likabe was, proceeded to the house of one Malusi Jackson 
Kiyane, also known as "Blanco", the chairman of the SDU in Moleleki 
section.  Blanco resisted being taken away, whereupon he was shot and
 killed.  his house was set on fire.  Members of the Youth League who 
were present, included Tusanang Lekabe,shot Blanco.  He died as a 
result.  thereafter, this group left Blanco's house.
	9.	Oscar Mtlokwa, one of the applicants, witnessed the attack at 
Blanco's house.  Amongst the persons he saw was Tusanang Lekaba and
 isaac Mbijana Motloung ["Wips"].  He raised alarm with other members
 of the SDU as a result of which they proceeded to Blanco's house.  upon
 arrival there, the members of the Youth League had fled.  "Sugar" 
Ramabele, one of the commanders within the SDU, issued an instruction 
that members of the Youth League be hunted down.  For this purpose
 members of the SDU split into various groups.  They were armed with 
an assortment of weapons including AK-47's, firearms, spears, axes and 
knives.  By dawn, they had rounded up a number of Youth League members 
including Alfred Buthelezi, Thokozani Buthelezi, Itumeleng Edward 
Mootsi, Lucas Buti Hlatswayo, Isaac Mogadi, Ditaba Joseph Mthembu, 
Peter Mavuso Modishwa, Miles Simo Simelane and Isaac Mbijana 
Motloung.  Although Tusanang Lekabe and Wips were also apprehended, 
Lekaba managed to get away while Wips was taken by one Manyala 
and Nkosi.
	10.	The deceased were first put in one shack and were later 
transferred to a shack at the edge of block F.
	11.	Later Ntshebe Ndondolo, the commander of the SDU, 
ordered that the deceased be killed.  They were marched by some
 of the applicants to a nearby veld in moleleki section.  They were 
tied by a rope.  Once at the veld, they were ordered to sit down.  
Once they had sat down, Ndondolo shot at them, execution style.  
Thereafter he ordered those of the applicants who had firearms to
 shoot at the deceased.  After the deceased had been shot some of 
them were still moving, showing signs of being alive.  Ndondolo 
ordered the rest of the applicants who had knives, axes and spears
 then stabbed and hacked the deceased.
	12.	From there, some applicants returned to their respective 
homes while another group remained with Ndondolo and Sugar.  
This group returned to the township and proceeded towards the 
house of Buthelezi.  Ndondolo and Sugar went into the house 
after which gunshots were heard.  It is probable that they killed 
Julia Maitse- Buthelezi, Buthelezi's wife.  Thereafter the applicants 
returned to their respective homes.
	13.	It was not clear from the evidence at what stage Wips 
was killed.  Some of the applicants testified that he was taken in 
a kombi by Manuala and Nkosi.  They alleged that these two 
killed him.  His body, however, was found tied with a wire near 
the Komati River.  Although the cause of death, as recorded in the 
post-mortem examination report, indicates that he died by drowning, 
his body had numerous injuries.
	14.	All the applicants gave evidence in support of the respective
 application.  Each described the role each played in the abduction and 
the killings of the deceased.  Having regard to the evidence given on 
behalf of the victims, it is very probable that some of the applicants, 
it is not necessary to make any findings as to who of the applicants 
did not fully disclose the role he played in the killing.
	15.	All the applicants testified that they regarded the members 
if the ANC Youth League as criminals who were harassing the 
community in Moleleki section.  They also testified that the deceased 
were killed because they were a gang of criminals who had killed 
Bulelwe and Blanco.  It is significant that, although the ANC Youth 
League was perceived as a gang of criminals, the were not attacked
 prior to the death of Blanco.  The decision to round them up and kill 
them was only taken after they had killed Blanco.
	16.	On the applicants' version, therefore, the deceased were 
killed, not because of their membership in political organisation, 
but because they were a gang of criminals who had killed Blanco 
in particular.
	17.	On the evidence as a whole, we are satisfied that members
 of the SDU and the ANC Youth League, who both belonged to the 
ANC, were embroiled in a conflict over control of Moleleki section.  
They accused one another   of being involved in criminal activities 
under the pretext of protecting the community.  The death of Bulelwa 
on 6 December 1993 triggered the killing of Blanco.  The ANC 
Youth League held the SDU responsible for the death of Bulelwa.  
The ANC youth League decided to retaliate by killing Blanco, a 
high-ranking member of the SDU in Moleleki section.  Once Blanco 
had been killed, the SDU decided to retaliate against those members 
of the ANC Youth League who were responsible for the death of 
Blanco, by rounding them up and killing them.  Only those who were 
implicated in the killing of Blanco were killed; those who were not 
implicated were released.