DECISION
This is an application for amnesty in terms of the provisions of Section 18 of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 ("the Act") by John Serame Gulu, born on 8 August 1967.
The application relates to the killing of Phinias Moncho on 30 May 1992 at Postmasburg. Pursuant to this incident Applicant and two other persons were arraigned in the Northern Cape Division of the then Supreme Court. Applicant was convicted of murder and was sentenced to 10 years imprisonment.
Applicant and his brother, Frans Morwaeng testified in support of the application which is being opposed by the mother of the deceased, Ennie Moncho, who also testified.
The salient features of the version on behalf of Applicant are as follows. Applicant joined the African National Congress ("ANC") during 1990 and he held the position of a marshall. The deceased was well-known to him and was previously a fellow member of the ANC Youth League in Postmasburg. At some stage during 1990 the deceased joined the Eagles Gang as its leader and unsuccessfully attempted to recruit the Applicant to the gang. The gang soon became quite notorious in Postmasburg where it engaged in a reign of terror with the apparent support of the police. The gang was a creation of the then government with the express objective of opposing and undermining the ANC. The gang engaged in a whole range of illegal activities resulting in various complaints being brought to the ANC by the Postmasburg community. Various attempts to resolve the situation by meetings involving the ANC, the gang and the police proved unsuccessful and gang members remained largely unpunished for serious offences committed against members of the Postmasburg community. The gang used to harass members of the ANC making it very difficult for the ANC to exist in Postmasburg. The gang was accordingly regarded as the political enemy of the ANC.
On the day of the incident the deceased became embroiled in a confrontation with Frans Morwaeng in front of the post office building in town. Applicant was confronted by one of the other persons in the company of the deceased. Applicant managed to disarm this assailant of his knife which Applicant then used to attack the deceased. Applicant stabbed the deceased resulting in the latter's death. Applicant intended to kill the deceased because of his membership of the Eagles Gang which was a creation of the apartheid government and was accordingly supported by the police. He would have initiated the attack on the deceased even if the latter had not become involved in a fight with Frans Morwaeng. Applicant regarded the Eagles Gang as an obstacle to the aims of the ANC and in attacking the deceased he was furthering the aims of the ANC by eliminating their political opponents.
The version of Mrs Moncho could obviously not shed any light on the actual incident itself. Her testimony basically related to the circumstances of the deceased. According to her knowledge he was not a member of any gang and she has never previously heard the allegation that he was the leader of the Eagles Gang. He was a conscientious scholar and a member of a gospel group in the township. She also bears no knowledge of the fact that her son was at an earlier stage a member of the ANC Youth League.
In evaluating the application we bear in mind that there is no evidence controverting the version tendered on behalf of Applicant. We accordingly accept that the Applicant was a member of the ANC and that the situation of political conflict described in Applicant's version existed in the Postmasburg community and eventually prompted the Applicant to act against the deceased. There is objective confirmation in the papers before us relating to the creation of the Eagles organisation by the then government as well as the aims and objectives of this initiative as a counter to the expansion of the ANC. In all the circumstances, we have no basis for not accepting the version of the Applicant.
We are satisfied that in attacking the deceased, Applicant was furthering the struggle waged by his organisation, the ANC, by removing the obstacles created by the deceased and his gang which was a surrogate for the then government. The killing accordingly constitutes an act associated with a political objective as envisaged in the Act. We are also satisfied that Applicant had made a full disclosure of all relevant facts and that the application complies with all of the requirements of the Act.
Amnesty is accordingly GRANTED to Applicant in respect of the killing of Phinias Moncho on 30 May 1992 at Postmasburg.
In our opinion Mrs Ennie Moncho is a victim in relation to the killing and is accordingly referred for consideration in terms of the provisions of Section 22 of the Act.
DATED at
: this
: day of
: 1999.
Judge DENZIL POTGIETER
Adv. L. GCABASHE
Mr W. MALAN
PANEL: Potgieter, J.; Adv. L. Gcabashe; Mr W. Malan
EVIDENCE LEADER: Adv. A. Steenkamp
DATE & VENUE: 26 May 1999
Bloemfontein
ATTORNEY FOR APPLICANT: Mr. B. Mohlaba
Mohlaba & Moshoana Inc.
SAAU/SALU Building
cnr. Andries & Schoeman Streets
PRETORIA
Tel.: (012) 3289966
Fax : (012) 3264715
VICTIM: Phinias Moncho
Next-of-kin: Mrs Ennie Makera Moncho (mother)
No. 45 Newstraat
Boichoko
POSTMASBURG
