DECISION
The applicant applies for amnesty in respect of the following offences:
1. The murder of Caiphus Ndaba on the night of 8 to 9 April 1994 at the Power Park Squatter Camp in Soweto.
2. The murder of Sipho Sithole on the same occasion and at the same place.
3. Arson, in that he burnt the house where the above mentioned offences were committed.
The applicant was a member of the ANC and belonged to a SDU under the command of Xolile Hlomendlini and a person known as Mkabana. During the period March - April 1994 tension was running high in the Power Park Squatter Camp (also known as the Emtswaledi Squatter Camp.) It was shortly after the Shell House massacre and in the run-up to the election held on 27 April 1994. The area was predominantly occupied by ANC supporters and the SDU decided that it was necessary to patrol the area day and night to protect the community against possible IFP attacks. It is common cause that at the time a war situation prevailed in the area between supporters of the ANC and the IFP. Both political parties fought for political support in the oncoming election.
The applicant and the members of the SDU accepted that all the ANC members in the squatter camp should patrol the area. Anyone not volunteering for patrolling was regarded as opposing the ANC.
The SDU received information that IFP members were staying in a certain area and 7 members (including the applicant) started on a house to house visit to ascertain where IFP supporters could be staying. The patrol grew in members the further they went and at the stage when they reached the house where Mr. Sithole and Mr Ndaba stayed they were about 70 in number.
They asked the deceased why they didn't offer their services to do patrol work and when no acceptable response was elicited, the applicant and Mkabana slapped the deceased. One of them tried to escape through a window and was shot by Mkabana. The applicant had an assegai and stabbed at the other while pushing him towards Mkabana. Mkabana, who was in command of the operation, shot and killed him. The SDU members thereupon dispersed. The applicant later returned, turned over a drum containing paraffin and set the shack alight to destroy evidence which might have linked them to the killings.
Mr Mkabana has since died and did not apply for amnesty. The applicant testified that their political objective was to attack IFP members who they regarded to be a threat to the safety of the ANC supporters. As already stated it was common cause that the two parties were at war with each other in the area.
The committee is satisfied that the murders and the burning of the house were acts associated with a political objective and related to the conflicts of the past. The applicant made full disclosure of the relevant facts and amnesty is therefore GRANTED in respect of the following offences:
1. The murder of Caiphus Ndaba on the night of 8 to 9 April 1994 at the Power Park Squatter Camp in Soweto.
2. The murder of Sipho Sithole on the same occasion and at the same place.
4. Arson, in that he burnt the house where the above mentioned offences were committed.
DATED AT
: THIS
: DAY OF
: 1999.
JUDGE S. MILLER
ADVOCATE S. SIGODI
ACTING JUDGE C. DE JAGER
The immediate family of the deceased Caiphus Ndaba and Sipho Sithole and the owner of the house burnt are in our opinion victims and are referred to the Committee for Reparation and Rehabilitation in terms of Act 34 of 1995.
PANEL : JUDGE S MILLER
ADV. S. SIGODI
ACTING JUDGE C. DE JAGER
EVIDENCE LEADER : MS. L. LOCKHAT
DATE & VENUE : 1 - 5 NOVEMBER 1999
JISS CENTRE, MAYFAIR
JOHANNESBURG
ATTORNEY FOR APPLICANT: A J RICHARD
1ST FLOOR, ARBITRATION House
4 PROTEA PLACE
SANDOWN
TEL: 011 320 0600
FAX 011 320 0533
DOCEX: 143 RANDBURG
