DECISION
The applicant applies for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act. 34 of 1995 (the Act), in respect of the following offences:-
(a) Five counts of murder;
(b) Five counts of attempted murder;
(c) One count of unlawful possession of a fire-arm;
(d) One count of unlawful possession of an unknown number of rounds of ammunition.
All the above offences were committed in the district of Piet Retief on or about 20 August 1993. The applicant pleaded guilty to all these charges, and he was duly convicted and sentenced.
The applicant in his evidence in chief before us, read into the record his affidavit, which affidavit was handed in as exhibit "A". He admits committing the above offences. He says he committed them in order to strengthen the Inkatha Freedom Party in the area; the victims were regarded as members or supporters of the African National Congress.
The facts in this application are very similar to those in that of Mdu John Msibi (Case No. 0624/96). The applicant herein was approached by the same people who had approached Mdu John Msibi, namely one Msibi and a constable Mkhwanasi. He also adds a certain Pienaar, who, like Mkhwanasi, was also a policeman.
The applicant was a hired assassin. He was promised R10 000,00 in advance to kill members of the African National congress, hence the commission of the above offences. The applicant was given R3000,00 after the commission of these offences. He says the amount was given to him by Pienaar. The applicant tried to suggest that this was not payment for his nefarious deeds. He says his aim was to strengthen the Inkatha Freedom Party in Piet Retief, and that he would have done what he did if he had not been promised any payment. But the fact of the mater is that he also acted for personal gain. Not only was the money promised to him in advance, but payment was actually in the amount of R3000,00 which payment he accepted. In fact, it is simply not true that he would have done what he did without promise of payment: he had for some time already been in employ of Mr Msibi, an Inkatha Freedom Party leader, as a body guard at a salary of R400,00 to R800,00 per month. Despite his supposed loyalty to Msibi and the IFP, he happens to be ready to kill only when money is promised to him. It is therefore clear that his love for he IFP and Msibi was not sufficient to cause him to commit these offences; rather, it was the promise of money caused him to do so.
In the circumstances the offences he committed cannot qualify
as acts associated with a political objective [vide Section 20(3)(i) of the Act] and his application therefore FAILS.
SIGNED ON THIS THE 6TH DAY OF JULY 1998.
NGOEPE, J
ADV C DE JAGER SC
MS S KHAMPEPE
