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 has applied for amnesty for his part in the killing of Shadrack Lindela Zulu on 15th July 1993 at or near Nokweja Location, Ixopo.
The applicant was at all material times a member and supporter of the African National Congress ("ANC"). He testified that he had joined the ANC in 1990. He joined the self-defence unit that was formed in their area early in 1992. He said that Reggie Hadebe (the then Deputy Chairperson of the ANC in the Natal Midlands) and one Ntela had come to Ixopo and he had filled in forms in this regard. He went for what he described as a "crash course" of training that included, inter alia, the identification of and defence and protection against "the enemy".
The applicant testified that the deceased had been an ANC supporter who had grown up in their area and had occasionally gone on camps with them. However, the deceased had defected to Inkatha and had moved into town. He said that it was alleged that the deceased had been involved in attacks on their community by Inkatha supporters and that the deceased was suspected of having been a party to the death of Sandile Biyase during one of these attacks.
Cele further testified that as a result receiving such information it was decided to question the deceased in order to confirm whether these allegations were true or not. He said that he and his co-perpetrators had decided that if the deceased in fact admitted the allegations they would kill him. He was emphatic that if the allegations had not been admitted they would not have harmed the deceased.
On the day in question Cele accompanied by Super Hlengwa, Mzwandile Nzimande and Ngunezi Mkhize found the deceased in town. Ngunezi, who appeared to be friendly with the deceased, called him to their vehicle. The deceased, who appeared to have been drinking, alighted and they drove off with him to Nokweja location.
When they arrived there they stopped on the roadside somewhere near the deceased's grandmother's house. They questioned him and he admitted the allegations and that further attacks had been planned against the ANC supporters. Cele said that at some point during the questioning Ngunezi Mkhize left the scene. Cele, Super Hlengwa and Mzwandile Nzimande then began to assault the deceased who fled to his grandmother's house. The three of them entered and Super Hlengwa and Mzwandile Nzimande dragged the deceased outside. Cele testified that he had lost a shoe in the melee and by the time he came outside the deceased was lying on the ground. The others told him the deceased was dead. Cele said that he wanted to make sure that the deceased was dead and stabbed him a further time in the chest with his knife. The three of them then left the scene.
Cele said that it was decided to kill the deceased because he had been involved in the attacks on their area by Inkatha supporters who wanted to turn it into an Inkatha stronghold and in the death of Sandile Biyase; and he had admitted knowledge of further planned attacks. Furthermore, as someone who had lived in their area, been part of their structures and knew all about them, Cele said he felt the deceased posed a threat to their community.
It is clear that the actions of the applicant took place within the context of the ongoing political violence between supporters of the ANC and those of Inkatha. His actions were aimed at stopping the deceased from continuing with his activities against the ANC supporting section of the community. The applicant has come forward voluntarily and has admitted to this killing although he has never been prosecuted either criminally or civilly.
We are satisfied that he has made full disclosure of all material facts and that he did not act out of ill will, spite or malice or for personal gain.
Having considered the matter the Committee is of the view that the applicant has satisfied the requirements of the Act and he is hereby
GRANTED: amnesty for the murder of Shadrack Lindela Zulu on 15th July 1993 at or near Nokweja Location, Ixopo.
The relatives or dependants of the late Shadrack Lindela Zulu are found to be victims and are accordingly referred to the Reparation and Rehabilitation Committee in terms of Section 22(1) of the Act.
SIGNED AT DURBAN ON THIS 8 DAY OF DECEMBER 1998.
JUDGE S MILLER
MR J B SIBANYONI
MR I LAX
