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 offenses:-
(a) The murder of Mandla Alfred Mgudulela;
(b) The murder of Mphiheleli Joseph Malinga, and
(c) two counts of contravening the provision of the Arms and Ammunition Act No.25 of 1969.
All the above offenses were committed on or about 9th June 1993 in the district of Piet Retief.
The applicant pleaded guilty to all the charges, and he was duly convicted and sentenced. The applicant in his evidence before us, read into the record his affidavit, which affidavit was handed in as exhibit "B". In his affidavit, he admitted committing the above offenses, and gave politics as motive. However, he does not mention that his services to kill had been secured for payment by the then leaders of the IFP in the area; namely on Msibi, then mayor, and a constable Mkwanasi. This was a glaring omission, considering the fact that in his very application form he says the following: "IFP contracted me to shoot the two leaders of the ANC as they were a threat to the IFP" (own emphasis).
He also states in his application form that he was promised R50 000,00 for his services. This is confirmed by what he said during his trial (Piet Retief Circuit Court, case no. CC18/95):
"Sê vir die hof as Mkwanasi en Msibi, as u nie die geld belowe was om die moorde te pleeg nie, so u dit mog gedoen het?
Nee.
So, u het dit net vir die geld gedoen? --- Ja, ek het dit vir die geld gedoen asook namens fie IVP.
Maar as dit nie vir die geld was sou dit nie gedoen het nie? --- Ja..."
Page 52 of that record.
It is quite clear, therefore, that although he was loyal to the IFP, his motive to kill was the desire to get money, and not to realise a political objective. He acted for personal gain, see Section 20(3)(1) of the Act. The offenses he committed were therefore not acts associated with a political objective. This also applied in respect of the weapon and the ammunition. In fact although he attempted to deny that the R15 000,00 he subsequently received was Payment for his evil deeds, it appears from the record of his trial referred to above that this was in fact the case:
"(E)k is gedeeltelik betaal.
U sê u is gedeeltelik betaal, hoeveel geld het u gekry?
- - 'n Bedrag van R15 000,00 is aan my oorhandig, dit is deur Mnr Allie Msibi aan my oorhandig.
Ja? Het u uiteindelik hierdie geld vir uself gehou?---
Ja, ek het dit vir myself gehou...".
Page 55 of that record.
For the reasons stated above, the crimes committed by the applicant are not acts associated with a political objective and his application is therefore REFUSED.
SIGNED ON THIS THE 6TH DAY OF JULY 1998.
NGOEPE J
ADV C DE JAGER SC
MS S KHAMPEPE
