DECISION
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The applicant a member of the IFP and one of the so-called Caprivi trainees, applies for amnesty in respect of two incidents.
The first involves the killing of 17 ANC supporters in Richmond, Natal on 21st June 1991.
The second incident involves the attack on Prince Petrus Zulu in Ulundi in 1994, during which attack Mr. Zulu was killed and his wife and servant in the house were wounded. We shall deal with these two incidents separately.
The applicant had not ever been questioned, arrested or changed in connection with any of the above incidents and applied for amnesty out of his own volition.
1. THE RICHMOND INCIDENT
It is common cause that at the time of the incident there had already been along history of intense political conflict between IFP and ANC supporters in the Richmond area. This was accepted as common cause by all relevant parties at the hearing. Neither the victims, who were legally represented at the hearing, nor the implicated parties, also legally represented opposed the application for amnesty.
The applicant was a trained IFP "soldier". His brother, Ndodi Thusi, now deceased, and was an IFP leader in the area. On the orders of Ndodi he joined a group of IFP members and supporters who attacked ANC supporters in Slahlambewa and Ndaleni in the Richmond area. During this particularly gruesome attack in which the applicant actively participated, 18 persons were killed. Although the applicant could not testify as to the exact identities or number of the victims, these were established from the pocket book of the investigating officer and the record of subsequent proceedings. All relevant parties were agreed on the list of deceased persons and victims. The applicant was never arrested and charged for any of these offences.
The committee is satisfied that the applicant has complied with all the necessary requirements for amnesty in regard to this incident. The committee accepts that the actions in this incident were politically motivated and that the applicant had made a full disclosure to the beat of his ability. The applicant, is however serving a term of imprisonment for offences which were committed after the cut-off date and in respect of which he cannot apply for amnesty.
The committee is satisfied that any contradictions or inaccuracies in his testimony were due either to lapse of time or linguistic difficulties in the translation of statements made prior to or at the hearing.
2. THE KILLINGS OF PETRUS ZULU
The applicant testified that he believed Mr. Zulu to have been an ANC supporter as a result of what he had been told by a high raking IFP official Mr Robert Muzimela.
On the instruction of a senior colleague Zweli Dhlamini, a well-known IFP member in the KwaZulu police, the applicant accompanied him and others to the house of Mr Zulu. He was ordered to keep guard while they were carrying out the operation of killing Mr. Zulu. The applicant heard gun shots and was told by Dhlamini that the mission was successfully carried out. It was subsequently established that Mr. Zulu's wife and a servant were wounded in the attack.
As in the case of the first incident and for the same reasons, the Committee is satisfied that the applicant has complied with all the requirements for amnesty in terms of the Promotion of the National Unity and Reconciliation Act, 34 of 1995.
Accordingly amnesty is GRANTED to the applicant in respect of the following:
1. The murder of Siyabonga Duma at or near Ndaleni, Richmond on 21 June 1991.
2. The attempted murder of Qondeni Duma at or near Ndaleni, Richmond on 21 June 1991.
3. The attempted murder of Zandile Duma at or near Ndaleni, Richmond on 21 June 1991.
4. The attempted murder of Bafikile Duma at or near Ndaleni, Richmond on 21 June 1991.
5. The attempted murder of Gertrude Duma at or near Ndaleni, Richmond on 21 June 1991.
6. The murder of Siyabonga Duma at or near Ndaleni, Richmond on 23 June 1991;
7. The attempted murder of Qondeni Duma at or near Ndaleni, Richmond on 23 June 1991;
8. The attempted murder of Zandile Duma at or near Ndaleni, Richmond on 23 June 1991;
9. The attempted murder of Bakfikile Duma at or near Ndaleni, Richmond on 23 June 1991;
10. The attempted murder of Gertrude Duma at or near Ndaleni, Richmond on 23 June 1991;
11. The attempted murder of Stinkie Nobuhle Duma at or near Ndaleni, Richmond on 23 June 1991;
12. The attempted murder of Ningi Liverence Ngcobo at or near Ndaleni, Richmond on 23 June 1991;
13 . The attempted murder of Mchoyo Salatiele Gwamanda Zondi at or near Ndaleni , Richmond on 23 June 1991;
14. The attempted murder of Mcushwa Nivard Msomi at or near Ndaleni, Richmond on 23 June 1991;
15. The murder of Pickup John Phoswa at or near Ndaleni , Richmond on 23 June 1991;
16. The murder of Charlie Basi at or near Magwazini , Richmond on 23 June 1991;
17. The murder of Leon Thompson at or near Magwazini , Richmond on 23 June 1991;
18. The murder of Ntelezi Mncube at or near Magwazini , Richmond on 23 June 1991;
19. The murder of Paulos Frans Phungula at or near Magwazini , Richmond on 23 June 1991;
20. The attempted murder of Mpiyezwe Isaac Mbanjwa at or near Magwazini, Richmond on 23 June 1991;
21. The attempted murder of Dumisani Mtolo at or near Magwazini, Richmond on 23 June 1991;
22. The attempted murder of Dumisani Kunene at or near Magwazini, Richmond on 23 June 1991;
23. The attempted murder of Themba Mchunu at or near Magwazini, Richmond on 23 June 1991;
24. The murder of Prince Petrus Zulu at or near Ulundi in 1993.
25. The attempted murder of Mrs Zulu at or near Ulundi in 1993.
Signed this day.......................... of ............................. 1999
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JUDGE MALL
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ADV. F. BOSMAN
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N. SANDI
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