DECISION
The applicant is applying for amnesty for the murder of one Emmanuel Bhengu. The deceased was murdered during or about July 1991.
THE BACKGROUND
The applicant stayed at KwaMakhutha. It is common cause that there was violence which was triggered by the ongoing political conflict between the ANC and the IFP in the region. During or about 1987, the applicant's home was bombed. On the first occasion the house was damaged. On the second occasion the house was burnt down and his cousin and her son died. Other people who were in the house were injured. The applicant and his family were IFP supporters. At the time of the bombing he was not staying in KwaMakhutha. He was staying with his elder sister at Adams. He testified that he did not know who was responsible for the bombing. He only heard that the people responsible were ANC members. The following year 1988 his cousin, Muntuza was shot and killed. He was killed by ANC members.
THE KILLING OF MR BHENGU
At the time of the killing of the deceased the applicant was staying with his elder sister at KwaMakhutha. On the day of the killing he and his friend, one K K Ngcobo decided to go and buy some beer for his friend's tavern. He armed himself with a firearm and his friend was armed with a knobkierrie. Mr Bhengu's house was along the road. His testimony was that Mr Bhengu owned a Spaza Shop. The applicant was known by both Mr Bhengu and his wife. He used to go and buy from the shop. On the day in question he was not disguised at all. On their way back from buying the beer, he noticed that the lights at Mr Bhengu's home were switched on. It was at this stage that he decided to go in and kill Mr Bhengu. When he left his home he had not formulated any intention to kill Mr Bhengu. He decided this as he was walking past Mr Bhengu's house to go and kill him.
He knocked at the door and introduced himself as "My Baby". Mrs Bhengu opened the house. She was shocked. He and his friend forced their way in and got into the house. The applicant asked Mr Bhengu for his gun which he might have used against IFP members.
Mr Bhengu grabbed an assegai. The applicant shot at Mr Bhengu. Mr Bhengu was now powerless and he fell. After that he managed to grab the assegai from Mr Bhengu. The applicant then dragged the deceased out of the house and stabbed him with his own assegai. He shot him as well. The applicant, however, does not know where he shot him and cannot remember exactly where he stabbed the deceased.
THE POLITICAL OBJECTIVE
1. It is common cause that there was political conflict between the ANC and the IFP in the area.
2. The deceased was a chairperson of the ANC in the area. The applicant was an IFP supporter. His family had been killed by ANC people. Applicant had only heard that the deceased was responsible for the killing of his family. However, the deceased was at the forefront of the peace negotiations in the area.
3. The applicant killed the deceased two and a half years after the killing of his family. Prior to this day the applicant on his own version had no intention whatever to kill the deceased. Even on the day of the killing, when he went to buy beer he had no intention whatever to kill Mr Bhengu. He does not know what came over him. He only decided to kill him when he walked past his house. The idea came to him simply because the lights were on at Mr Bhengu's house. He killed him because he "sought revenge" for the killing of his family. He admitted that it was a senseless killing.
POLITICAL OBJECTIVE
It is not clear what political objective the applicant sought to achieve. However it does seem that there was a contribution of factors that led him to commit the crime. The element of revenge seems to form part of the factors that led him to commit the crime. However, we have considered the affidavit of the widow of the deceased who says that she can describe the circumstances of her husband's death as being politically related. She goes on to admit that the IFP did not like them because they were ANC. She also agrees that the applicant was an IFP. This she knows because they lived in the same area. Further, she states that she has no objection to amnesty being granted.
We are therefore persuaded that the political motive was a factor in the commission of the offence and we accordingly come to the conclusion that he should be
GRANTED: amnesty for the murder of Emmanuel Bhengu.
The applicant has therefore satisfied the requirements of the Act.
(Signed)
JUDGE H MALL
ADV C DE JAGER
ADV S SIGODI
