DECISION
The applicant applies for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act, No 34 of 1995 (the Act), in respect of the following offences:
(a) The murder of Nzimeni Abednego Mazwi at Khuma Township, Stilfontein on 31 October 1990.
(b) Attempted murder on Charles Mhlabiso at the same place and date.
1. Facts in brief: The applicant was a member of the South African Youth Congress (SAYCO) and, later, also a member of the African National Congress Youth League (ANCYL); he became an additional Executive member of the ANCYL Khuma branch. The two victims were initially also members of SAYCO. However, with passage of time, there seems to have developed ideological differences between the applicant's group on the one hand, and that of the deceased on the other hand. They differed on strategies, particularly after the unbanning of political organisations in 1990. The deceased's group did not want SAYCO to simply convert into ANCYL. When the applicant's group called a meeting to consider an invitation from the police to discuss alleged conspiracies to burn policemen's houses, the deceased's group branded the applicant's group as sell-outs and threatened to "necklace" them. Each group was vying for the support of the residents. On one occasion the deceased's group would not allow the applicant's group to use the local stadium. When another meeting was about to be held, the deceased's group again disrupted it and in fact, took over the loud hailer which was to be used at the gathering. Although the National Union of Mineworkers (NUM) sent about 50 "marshalls" to help the applicant's group, this did not help much, because the deceased told them the occasion had nothing to do with NUM. The activities of the victims and their group included harassing political activists within the applicant's group; for example the attacks on the house of Ms Mary-Agness Khunoane who was an active member of the African National Congress Women's League (ANCWL). Many activists belonging to the ANCYL, the ANCWL, the Civic Organisation, the Congress of the South African Trade Union, and the South African Communist Party took refuge at the house. The deceased's group later became known as Khutsong Youth Congress (Khuyoco). The perception later grew that Khuyoco had been infiltrated by the Security Police using it against other groupings. The extent to which the victims' group inhibited free political activity appears not only from the evidence of the applicant, but also from that of Ms mary-Agness Khunoane and ms Nomazotshwa Balani, both now members of the African National Congress North-West provincial legislature. Ms Balani worked for Lawyers for Human Rights at the time. These two witnesses also testified at length about the Security Police involvement.
On 31 October 1990 the applicant and a number of people from his group took a decision to go and look for the deceased and the complainant. We were told repeatedly that the intention was to apprehend them and hand them over to the police. The complainant was the first to be found, and he was severely assaulted. Thereafter the group went to the deceased's house where he was found hiding in a wardrobe. He was dragged out and killed by the mob next to a taxi rank.
According to the deceased's mother the deceased was a member of the ANC; in fact even at the time of his death. She says people who described themselves as members of the ANC in Klerksdorp, some of them in the organisation's uniform, attended the deceased's funeral and actually helped her. She spent an amount of R2 000-00 (two thousand rand) on the coffin.
2. Given the above facts, the conflict was clearly political and the two acts were associated with a political objective. The applicant admits participating in the murder. For example, he says he was the one who, after everybody was convinced that the deceased was not at home, searched and found him hiding in a wardrobe; he then called his comrades and the assault started. With regard to the attempted murder, the applicant says he personally also stoned the victim.
In the circumstances the applicant is entitled to amnesty in respect of both offences set out above, and the
AMNESTY IS THEREFORE GRANTED: .
DATED ON THIS THE 23rd DAY OF JANUARY 1997 AT JOHANNESBURG
(Signed)
MALL J
WILSON J
NGOEPE J
ADV C. DE JAGER SC
MS SISI KHAMPEPE
