DECISION
This is an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 ("the Act").
The applicant was convicted and sentenced in the then Supreme Court of South Africa, Coastal and Local Division to twenty (20) years imprisonment for murder and robbery with aggravating circumstances in that on 16th April 1991 at or near KwaMashu he was associated with the murder of Sibusiso Gumede and the removal from his possession of one HMC sub-machine gun.
Ndlovu was at all material times a special constable of KwaZulu Police ("KZP") based at KwaMashu and a member of the Inkatha Freedom Party ("IFP").
Ndlovu testified and it was common cause that his late brother Thabani Ndlovu ("Thabani") was the chairperson of the Mpumuza branch of the IFP's Youth Brigade. It was also common cause that the Ndlovu's resided in the Mpumuza area of Pietermaritzburg and that there had been considerable and ongoing violence in the area between IFP members and supporters and ANC members and supporters from adjoining areas.
Ndlovu testified that he and Thabani had received information from one Sibonelo Dlamini that the deceased has been supplying arms to ANC supporters at Caluza one of the adjoining areas and that such arms were being used in attacks on their area. It was decided that Ndlovu would confirm the identity and whereabouts of the deceased. Thereafter Ndlovu and Thabani were transported to KwaMashu to the school where the deceased was standing guard in his capacity as a reserve constable of KZP. After finding the deceased Thabani approached him and shot him dead with a shotgun at close range. It was decided that the deceased's firearm should not be left at the scene as it might be found by ANC supporters. The brothers took the firearm with them and it was ultimately found at their home after a fire there some fourteen (14) months later.
Ndlovu was not an impressive witness and there were a number of contradictions and inconsistencies in his testimony. However in spite of these we are satisfied that the applicant has made full disclosure of all material facts with regard to the offences for which he has been convicted. The applicant did not act out of ill will, spite or malice nor for personal gain.
Having considered the matter the Committee is of the view that the applicant has satisfied the requirements of the Act and is
GRANTED: amnesty for the murder on 16th April 1991 at or near KwaMashu of Sibusiso Gumede and the robbery with aggravating circumstances of one HMC sub-machine gun and any delicts which may flow therefrom.
Buyeleni Joanah Ngcobo is found to be a victim and is accordingly referred to the Reparation and Rehabilitation Committee in terms of Section 22(1) of the Act.
SIGNED AT PINETOWN ON THIS 17 DAY OF NOVEMBER 1998.
JUDGE S MILLER
MR J B SIBANYONI
MR LAX
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