The applicant applies for amnesty in respect of the murder of Tebo Molele on 2 MAY 1992 at Gelukwaarts Kroonstad. At the time of the commission of the offence the applicant was a member of ANC Youth League and served in the Self Defence Unit. The deceased was a member of the Three Million Gang who operated in the Kroonstad area.

The applicant met the deceased on the particular day in a tavern while the applicant and a certain Pappie were having drinks. According to the applicant the deceased and his companion threw empty beer bottles at him. Pappie and the deceased's companion became engaged in an altercation and left. The applicant and the deceased were engaged in a similar fight. The applicant took out his knife and stabbed the deceased while the latter was running away. The deceased fell to the ground and the applicant continued with the stabbing.

The applicant testified: "The intention was to defend myself but I ended up killing him but my intention was to protect myself against him." The deceased sustained 15 stab wounds.

The applicant further stated: "The killing of the deceased was not an order but as I've explained before, the manner in which they approached, I got very emotional and I found myself taking the action that I took".

It is accepted that the ANC Youth and the Three Million Gang were opposing political organisations but on the evidence the committee is not satisfied that this killing was associated with a political objective. Although the applicant denied that he acted under the influence of liquor he admitted that he had been drinking for quite a considerable time.

It is also clear that in this particular instance he did not act on an order of his organisation. He pursued the deceased while the latter was running away and continued stabbing him after he fell and was lying helpless on the ground. The deceased sustained 15 stab wounds while the applicant had only a scratch on one of his fingers. If the intention was only to defend himself, as he testified, he exceeded the bounds of self defence to such an extent that he clearly, on his own evidence, became the attacker in an attack that was not associated with any political objective.

Amnesty is therefore REFUSED.

SIGNED ON THE 22nd APRIL 1999.