APPLICATION IN TERMS OF SECTION 18 OF THE PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT, NO.34 OF 1995.

The applicant applies for amnesty for the murder of Nomutile Gangqa and the attempted murders of Champion Gangqa and Nozinzo Gangqa.

During the period prior to this incident there was general unrest in the area where the applicant and the victims reside. This was particularly so for the applicant who was appointed the headman under the gozo government of the time. It is not necessary for us to detail and discuss the moral and political implications of this system. It is clear that many people did not support and respect the system of chieftainship and consequently headmanship and many people saw the headmen as lackeys of the Gozo regime.

As a result it seems that the applicants sustained, as did the other headmen, losses in the form of burnt houses and attempts to his life and losses in for form of his livestock.

This understandably gave rise to extreme frustration for the applicant and he thought that the political opponents and apposition parties such as the African National Congress, were responsible for the factors which led to such frustration.

amnesty and that it was done for political reasons in order to attain some political objective.

We have no reason to doubt that the applicants has substantially made full disclosure as to how these offences were committed.

The applicant relies on the general unrest in the area at the time, in particular he regards his status as a headman as the attraction for political opposition to his political status. To some degree he argued that it is in this context that he acted and committed the crimes for which he now seeks amnesty, but it must be remembered that clearly he was angry because he was being prohibited entry into the house and it is this that resulted in the shooting and consequent death and injuries.

These people were innocent people whom he had approached. He had no reason at the time to think they were a threat to his life or political status. It was he who approached them. There was no prospect of achieving any political objective by his actions. We are therefore not satisfied that the act has been complied with in this application. IN THE RESULT THE APPLICATION IS REFUSED.

Furthermore, MR CHAMPION GANGQA AND NOZINZO GANGQA ARE BOTH DECLARED VICTIMS as envisaged by the Act, and it is recommended that they be treated as such in terms of the Act.