DECISION
1. Daluxolo Wordsworth Luthuli is GRANTED amnesty in respect of all the offences he applies for, which offences include:-
1.1 The murder of Zazi Khuzwayo at Claremont during or about April 1987;
1.2 The attempted murder of Mrs Pam Tshabalala at Claremont during 1987;
1.3 The murder and attempted murder of an unknown number of people at the house of Victor Ntuli at Kwa-Makhutha during or about January 1987;
1.4 The murder and attempted murder of an unknown number of people who were shot after the making of an insulting remark (klova) at Claremont during or about 1987;
1.5 His participation in a battle between IFP supporters and UDF supporters which took place in the vicinity of Councillor Mncwabe's house at Esinathingi and in which at least one unknown person was killed during or about November 1987;
1.6 The burning down by the use of petrol bombs of the house of Mrs Mazibuko at Unit 1 North, Mpumalanga;
1.7 The murder and attempted murder of an unknown number of people and the burning down of houses at Unit 2 Mpumalanga during 1987 or 1988 in retaliation to an attack on the house of Walter Mthalane;
1.8 The murder of approximately nine people whose identities are not known, the attempted murder of an unknown number of people and the destruction of approximately eight houses, one of which was known as "Summertime", at Unit 1 South, Mpumalanga, during 1987 or 1988;
1.9 The murder and attempted murder of an unknown number of people in the Mophela area near Mpumalanga in an attack led by Mkhuphuleni Gumede on UDF supporters during 1987 or 1988;
1.10 The murder and attempted murder of an unknown number of people and the burning down of a house in the Mophela area near Mpumalanga during or about 1989/1990 in an attack in which Lathi Sibisi, an IFP supporter and operative was injured and later died;
1.11 The murder of approximately six people and the attempted murder of an unknown number of people at an informal settlement known as "Zamane" near Unit 4, Mpumalanga in 1989 or 1990 during an attack which was made in retaliation to the murder of four IFP supporters who had been abducted from a Rainbow Chicken staff bus;
1.12 The murder and attempted murder of an unknown number of people and the burning down of approximately thirty houses in the Enkunzini area near Njobokazi during a retaliatory attack in 1989 or 1990;
1.13 The murder and attempted murder of an unknown number of people and the burning down of approximately six houses as Unit 1 North, Mpumalanga, during 1987 or 1988;
1.14 The murder of Mr Guduza at Unit 4 Mpumalanga during 1987 or 1988;
1.15 The murder and attempted murder of an unknown number of people and the burning down of an unknown number of houses at Wards 8 and 9, Mpumalanga during an attack which took place during 1988;
1.16 The murder and attempted murder of an unknown number of people and the destruction of an unknown number of houses at Mpumalanga during 1988 in attacks which were carried out in retaliation to the killing of Mr Nqubo and four other persons;
1.17 The role he played in the murder of April Taliwe during about April 1992 at Esikhawini;
1.18 The role he played in the murder of Detective Sergeant Khumalo and Mr Mabika at Esikhawini during or about February 1993;
1.19 The role he played in the murder of Nathi Gumede at or near Port Durnford during or about March 1993;
1.20 The conspiracy to murder Mr Nxumalo, a male nurse at the Eshowe Hospital during or about March 1993;
1.21 The conspiracy to murder Captain E N Masinga during 1992;
1.22 The unlawful provision of military training to persons during the period March 1986 and December 1993;
1.23 The unlawful supply and possession of machine guns and rifles in contravention of sections 32 (1) and 35 (1) (a) read with sections 1 and 2 of the Arms and the ammunition Act, No 75 of 1969, during the period January 1923 to December 1993;
1.24 the unlawful supply and possession of ammunition intended to used in machine guns and rifles in contravention of sections 32 (1) (e) and 35 (1) (b) of Act 75 of 1969 during the period January 1983 to December 1993;
1.25 The unlawful supply and possession of firearms in contravention of sections 2 and 35 (1) (a) of Act 75 of 1969 during the period January 1983 to December 1993;
1.26 The unlawful supply and possession of ammunition in contravention of sections 35 (1) (b) and 36 of Act 75 of 1969 during the period January 1983 to December 1993;
1.27 The unlawful possession supply of hand grenades and other explosive material in contravention of the provisions of Act 75 of 1969 and 5 and 28 of the explosive Act, No. 26 of 1956 during the period January 1983 to December 1993;
2. Bhekisisa Alex Khumalo is GRANTED amnesty in respect of all the offences he applies for, which offences include:-
2.1 The murder and attempted murder of an unknown number of people at the house of Victor Ntuli at Kwa-Makhutha during or about January 1987;
2.2 The murder of Zazi Khuzwayo at Claremont during or about April 1987;
2.3 The attempted murder of Mrs Pam Tshabalala at Claremont during 1987;
2.4 The assaulting of unknown persons with a baton and the shooting at a group of unknown persons while patrolling the streets of Mpumalanga with Jabulani Makhatini during 1987;
2.5 His participation in a battle between IFP supporters and UDF supporters which took place in the vicinity of councillor Mncwabe's house at Esinathingi and in which at least one unknown person was killed;
2.6 The attempted murder of an unknown person by stabbing him with a knife in the vicinity of Magoba's Shebeen at Unit 2, Mpumalanga during 1988;
2.7 The murder of an unknown person and the attempted murder of unknown persons at or near Three Lines, Mpumalanga during 1988;
2.8 The murder of Mrs Xaba at Mpumalanga during 1988;
2.9 The attempted murder of unknown persons and malicious damage to property by firing shots at Mr Chonco's house at Mpumalanga during 1988;
2.10 The shooting at a crowd of people with a pump action gun at Esikhawini during 1992;
2.11 The unlawful supply and possession of firearms and ammunition in contravention of the provisions of Arms and Ammunition Act, No 75 of 1969 during the period 1987 to 1993.
3. David Zweli Dlamini is GRANTED amnesty in respect of all the offences applied for, which offences include:-
3.1 The murder and attempted murder of unknown persons and the burning down of houses at Unit 2, Mpumalanga during 1987 or 1988 in retaliation to an attack on the house of Walter Mthalane;
3.2 The attempted murder of an unknown policeman by shooting and injuring him while guarding the house of Induna Ngcobo at Dindi in the Taylor's Halt area during or about 1987;
3.3 His participation in a battle between IFP supporters and UDF supporters which took place in the vicinity of councillor Mncwabe's house at Esinathingi during or about November 1987;
3.4 The murder and attempted murder of an unknown number of people at Njobokazi during 1991;
3.5 The murder of approximately ten people and the attempted murder of an unknown number of people at Paul's Shebeen, Section J1, Esikhawini during 1992;
3.6 The murder and attempted murder of an unknown number of people committed during 1992 in Section J1, Esikhawini in a series of random attacks over a period of approximately one month;
3.7 The murder and attempted murder of an unknown number of people and the malicious damage of property committed in Section J1, Esikhawini, during February 1993 in retaliation to an attack upon a KZP patrol;
3.8 The murder of Naphtal Nxumalo at Esikhawini during or about June 1992;
3.9 The murder and attempted murder of an unknown number of people who were in or alighting from a Richards Bay Minerals bus at Section H2, Esikhawini, during 1993;
3.10 The conspiracy to murder Mr Nxumalo, a male nurse at the Eshowe Hospital during or about March 1993;
3.11 The kidnapping and murder of Nathi Gumede at or near Durban and Port Durnford during or about May 1993;
3.12 The murder of April Taliwe at or near Esikhawini during or about June 1992;
3.13 The murder of an unknown school teacher and the murder and or attempted murder of two unknown persons in the vicinity of the Mzingwenya Lower Primary School Esikhawini, during or about July 1992;
3.14 The murder and attempted murder of an unknown number of people at the Mkhoboza bus stop, Esikhawini during or about July 1992;
3.15 The attempted murder of Welcome Mthimkulu and an unknown woman at Esikhawini during or about July 1992;
3.16 The murder and attempted murder of an unknown number of people at the Ntokozweni bus stop, Esikhawini, during or about July 1992;
3.17 The murder and attempted murder of an unknown number of people in the vicinity of the Railway Hostel, Section H2, Esikhawini, during or about July 1992;
3.18 The unlawful supply and possession of firearms, ammunition and explosives in contravention of the provisions of the Arms and Ammunition Act No 75 of 1969 and Sections 5 and 28 of the Explosives Act, No 26 of 1956, committed during the period 1987 to 1993.
4. Bertwell Bheki Ndlovu is GRANTED amnesty in respect of all the offences applied for, which offences include:-
4.1 The murder of Mr Msomi at D Section, Mpumalanga during 1988;
4.2 The failure to report the murders of an unknown man and an unknown woman who were killed in his presence at Ndwedwe during 1989;
4.3 The attempted murder of an unknown number of persons by shooting at a crowd of people in the vicinity of a school at Ndwedwe during 1989;
4.4 The murder of Bongani Ntombela and the attempted murder of Thembinkosi Mthlane, Meshack Ndlela, Madoda Nzimande and Ernest Mtungwa at Imbali on or about 17 December 1991;
4.5 The unlawful possession of firearms and ammunition in contravention of the provisions of the Arms and Ammunition Act, No 75 of 1969, during the period 1988 to 1991.
5. Rome Mbuso Mbambo is GRANTED amnesty in respect of all the offences applied for, which offences include:-
5.1 The murder of April Taliwe at or near Esikhawini during or about June 1992;
5.2 The murder of Naphtal Nxumalo at or near Section H2, Esikhawini, during or about June 1992;
5.3 The attempted murder of Welcome Mthimkulu and an unknown woman at Esikhawini during or about July 1992;
5.4 The murder of Detective Sergeant Khumalo and Mr Mabika at or near Esikhawini during or about February 1993;
5.5 Defeating the ends of justice in respect of the police investigation into the murders of Detective Sergeant Khumalo and Mr Mabika;
5.6 The kidnapping and murder of Nathi Gumede at or near Durban and Port Durnford during or about May 1993;
5.7 The murder of Bafana Jele, Sibusiso Mdluli, Muzikhakhe Ngcobo and Sipho Mzimela at Paul Ngema's Shebeen, Esikhawini during or about June 1993;
5.8 Defeating the ends of justice in respect of the police investigation into the murders of Bafana Jele, Sibusiso Mdluli, Muzikhakhe Ngcobo and Sipho Mzimela;
5.9 The murder of Sergeant Dlamini at or near Esikhawini during or about June 1993;
5.10 Defeating the ends of justice in respect of the police investigation into the murder of Sergeant Dlamini;
5.11 The conspiracy, during the period January 1992 and June 1993 to murder certain ANC leaders and activists, including Mr Bheki Ntuli;
5.12 The murder and attempted murder of unknown persons at the Ntokozweni bus stop, Esikhawini, during or about July 1992;
5.13 The murder of an unknown teacher and the murder and/or attempted murder of two other unknown persons in the vicinity of the Mzingwenya Lower Primary School, Esikhawini, during or about July 1992;
5.14 The murder and attempted murder of an unknown number of people at the Mkhoboza bus stop, Esikhawini, during or about July 1992;
5.15 The murder and attempted murder of an unknown number of persons at or near the Ntokozweni bus stop, Esikhawini, during or about July 1992;
5.16 The murder and attempted murder of an unknown number of people in the Makhandleleni area of Section H2 and at or near Block C of the Railway Hostel, Esikhawini during or about July 1992, during attacks which were carried out to influence bail applications of hit squad members;
5.17 The murder and attempted murder of an unknown number of people in Section J1, Esikhawini during or bout February 1993 in retaliation to an attack upon KZP policemen;
5.18 The murder and attempted murder of an unknown number of people in an area known as University Lecturers Section in J2 Section, Esikhawini, during or about February 1993;
5.19 The murder and attempted murder of an unknown number of people who were in or alighting from a Richards Bay Minerals bus at Section H2, Esikhawini during 1993;
5.20 The attempted murder of Jappie Thaledi at Bushbuckridge during or about April 1993;
5.21 The conspiracy to murder Mr Nxumalo, a male nurse at the Eshowe Hospital, during or about March 1993;
5.22 Defeating the ends of justice in respect of the police investigation into the attacks upon the Set Me Free Shebeen in H2 Section, Esikhawini, and the Bram Shebeen in H1 Section, Esikhawini;
5.23 The unlawful supply and possession of machine guns and rifles in contravention of Sections 32(1) and 35 (1)(a) of the Arms and Ammunition Act, No 75 of 1969, during the period January 1992 to July 1993;
5.24 The unlawful supply and possession of ammunition intended to be used in machine guns and rifles in contravention of the provisions of Act 75 of 1969 during the period January 1992 to July 1993;
5.25 The unlawful supply and possession of firearms in contravention of Section 2 and 35(1)(a) of Act 75 of 1969 during the period January 1992 to July 1993;
5.26 The unlawful supply and possession of ammunition in contravention of Sections 35(1)(b) and 36 of Act 75 of 1969 during the period January 1992 to July 1993;
5.27 The unlawful possession and supply of hand grenades and other explosive material in contravention of Section 32(1)(b) and (c) of Act 75 of 1969 and Sections 5 and 28 of the Explosives Act, No 26 of 1956.
6. Brian Gcina Mkhize is GRANTED amnesty in respect of all the offences applied for, which offences include:-
6.1 The murder of April Taliwe at or near Esikhawini during or about June 1992;
6.2 The murder of Naphtal Nxumalo at Section H2, Esikhawini, during or about June 1992;
6.3 The attempted murder of Welcome Mthimkulu and an unknown woman of Esikhawini during or about July 1992;
6.4 The murder of Detective Sergeant Khumalo and Mr Mabika at or near Esikhawini during or about February 1993;
6.5 The kidnapping and murder of Nathi Gumede at or near Durban and Port Durnford respectively during or about May 1993;
6.6 The murder of Sergeant Dlamini at or near Esikhawini during or about June 1993;
6.7 Defeating the ends of justice in respect of the police investigations into the murders of Bafana Jele and Sergeant Dlamini;
6.8 The murder and attempted murder of an unknown number of persons at the Ntokozweni bus stop, Esikhawini, during or about July 1992;
6.9 The murder of an unknown teacher and the murder and/or attempted murder of two other unknown persons in the vicinity of the Mzingwenya Lower Primary School, Esikhawini during or about July 1992;
6.10 The murder and attempted murder of an unknown number of persons at the Mkhoboza bus stop, Esikhawini during or about July 1992;
6.11 The murder and attempted murder of an unknown number of people in the Makhandleleni area of Section H2 and at or near the Railway Hostel in Esikhawini during or about July 1992, during attacks which were carried out to influence bail applications of hit squad members;
6.12 The murder and attempted murder of an unknown number of people in Section J1, Esikhawini during or about February 1993 in retaliation to an attack on KZP policemen;
6.13 The murder and attempted murder of an unknown number of people in an area known as University Lecturer's Section in Section J2, Esikhawini, during or about February 1993;
6.14 The conspiracy, during the period January 1992 and June 1993, to murder certain ANC leaders and activists including Mr Bheki Ntuli;
6.15 The murder and attempted murder of an unknown number of people at the Gundane bus stop, Esikhawini, during or about March 1993;
6.16 Defeating the ends of justice at Esikhawini during 1992 by unlawfully releasing four persons from police custody who had been arrested for being in possession of firearms and confiscating such firearms and handing them over to a local leader of the IFP;
6.17 The murder of an unknown induna at or near Nyoni during or about 1992;
6.18 The murder of Mr Jali, a bus driver, at or near Nyoni during or about 1993;
6.19 The unlawful supply and possession of machine guns and rifles in contravention of Section 32(1) and 35(1)(a) of the Arms and Ammunitions Act, No 75 of 1969 during the period January 1986 to August 1993;
6.20 The unlawful supply and possession of ammunition intended to be used in machine guns and rifles in contravention of Sections 2 and 35(1)(a) of Act 75 of 1969 during the period January 1986 to August 1993;
6.21 The unlawful supply and possession of firearms in contravention of Sections 2 and 35(1)(a) of Act 75 of 1969 during the period January 1986 to August 1993;
6.22 The unlawful supply and possession of ammunition in contravention of Sections 35(1)(b) and 36 of Act 75 of 1969 during the period January 1986 to August 1993;
6.23 The unlawful possession and supply of hand grenades and other explosive material in contravention of Section 32(1)(b) and (c) of Act 75 of 1969 and Sections 5 and 28 of the Explosives Act, No 26 of 1956.
7. Israel Nyoni Hlongwane is GRANTED amnesty in respect of the following offences:-
7.1 The murder of a UDF supporter by the name of Xaba at Unit 3 Mpumalanga during or about 1987;
7.2 The murder of Mnce Khanyile at or near the Wozanazo Higher Primary School in Unit 1 North, Mpumalanga during or about 987;
7.3 The murder of Thulani Hlongwane at or near Unit 1 North, Mpumalanga during or about 1987;
7.4 The murder of the younger brother of Thulani Hlongwane at or near Unit 1 North, Mpumalanga, during or about 1987;
7.5 The murder of Mashu Shandu at or near Unit 2 South, Mpumalanga during or about 1987;
7.6 The attempted murder of an unknown number of people and the malicious damage caused to property during an attack on the house of Stembiso Ndlovu at or near Mpumalanga during or about 1987;
7.7 The murder of an unknown man in a house in Unit 3, Mpumalanga, during or about 1987;
7.8 The murder of an unknown person who was a neighbour of Mrs Dlamini at Unit 3, Mpumalanga, during or about 1987;
7.9 The attempted murder of an unknown number of people who were scholars at the Ngelekeshane School at or near Imbali during or about 1988;
7.10 The murder of an unknown person and the attempted murder of an unknown number of people at the Esikomplazi shop at or near Ermelo during 1990;
7.11 The murder of Zini Shongwe at or near Extensia, Ermelo on or about 30 July 1991;
7.12 The murder of two unknown scholars from Thembisa School at or near Thembisa, Ermelo during or about 1991;
7.13 The attempted murder of approximately six youths at or near Thembisa, Ermelo on or about 7 October 1991;
7.14 The murder of December Ephraim Ndlovu at or near Extensia, Ermelo on or about 7 October 1991;
7.15 The attempted murder of Aplhius Ngwenya, Meli Zwane and Tofa Sibanyoni at or near Wesselton during 1991;
7.16 The attempted murder of Tilly Nkosi at or near Wesselton during 1991;
7.17 The attempted murder of a man unknown as "Crucket" at or near Extensia, Ermelo, during 1991;
7.18 The murder of Jackson Khubeka at or near Kati Township, Ermelo, during 1991;
7.19 The murder and attempted murder of an unknown number of persons and the burning down of approximately eleven houses at or near Davula during or about 1991;
7.20 The attempted murder of Patrick Vilakazi and other unknown persons at or near Davula during or about 1991;
7.21 The attempted murder and/or conspiracy to murder Jappie Thaledi at or near Bushbuckridge during or about April 1993;
7.22 The murder of Naphtal Nxumalo at or near Section M2, Esikhawini, during or about June 1992;
7.23 The murder of an unknown teacher and the murder and/or attempted murder of two other unknown persons in the vicinity of the Mzingwenya Lower Primary School, Esikhawini, during or about July 1992;
7.24 The murder and attempted murder of an unknown number of people at the Mkhoboza bus stop, Esikhawini, during or about July 1992;
7.25 The murder and attempted murder of an unknown number of people at or near the Ntokozweni bus stop, Esikhawini, during or about July 1992;
7.26 The murder and attempted murder of an unknown number of people in the Makhandleleni area of Section H2 and near the Railway Hostel, Esikhawini during or about July 1992, during attacks which were carried out to influence bail applications of hit squad members;
7.27 The murder of Detective Sergeant Khumalo and Mr Mabika at or near Esikhawini during or about February 1993;
7.28 The murder and attempted murder of an unknown number of people in Section J1, Esikhawini during or about February 1993 in retaliation to an attack on KZP policemen;
7.29 The murder and attempted murder of an unknown number of people in an area known as University Lecturers Section in Section J2, Esikhawini, during or about February 1993;
7.30 The murder and attempted murder of an unknown number of people who were in or alighting from a Richards Bay Minerals bus at Section H2, Esikhawini, during 1993;
7.31 The kidnapping and murder of Nathi Gumede at or near Durban and Port Durnford during or about May 1993;
7.32 The murder of Bafana Jele, Sibusiso Mdluli, Muzikhakhe Ngcobo and Sipho Mzimela at Paul Ngema's Shebeen, Esikhawini, during or about June 1993;
7.33 The murder of Sergeant Dlamini at or near Esikhawini during or about June 1993;
7.34 The murder of two unknown persons in the vicinity of the Hlanganani Hall, Esikhawini, during 1992;
7.35 The attempted murder of Bheki Ntuli and the malicious damage to a house in Section H1, Esikhawini, during 1992;
7.36 The murder of Vincent Mkhanazi and two unknown persons who were in his company at Section H1, Esikhawini, during 1992;
7.37 The murder or attempted murder of an unknown youth in Section H2, Esikhawini, during 1992;
7.38 The attempted murder of an unknown number of people and the malicious damage caused to property at Esikhawini, during 1992 when pipe bomb attacks were made on houses occupied by supporters of the ANC;
7.39 The murder and attempted murder of an unknown number of people who were painting over slogans at Esikhawini during 1992 or 1993;
7.40 The murder of an unknown induna at or near Nyoni during or about 1992;
7.41 The murder of Mr Jali, a bus driver, at or near Nyoni during or about 1993;
7.42 The murder of Gindinga at or near Mandini during or about 1993;
7.43 The murder of Mr Khumalo and the attempted murder of his unknown female companion at or near Ireland Township, Mandini during 1993;
7.44 The unlawful burning down of an unknown number of houses, including that of Induna Sishi at or near Nyoni during 1993;
7.45 The murder of Mr Shandu at or near Mandini during 1993;
7.46 The attempted murder of Mr Mkotliseni Nhlengethwe at or near Mandini during 1993;
7.47 The murder and attempted murder of an unknown number of people at House 45, Sundumbili, in the Mandini area, during 1993;
7.48 The murder of four unknown persons at or near Duck City, Sundumbili, in the Mandini area during 1993;
7.49 The murder of Mr Majenje at or near Sundumbili in the Mandini area during 1993;
7.50 The unlawful supply and possession of machine guns and rifles in contravention of Sections 32(1) and 35(1)(a) of the Arms and Ammunition Act, No 75 of 1969, during the period January 1987 and December 1999;
7.51 The unlawful supply and possession of ammunition intended to be used in machine guns and rifles in contravention of the provisions of Act 75 of 1969 during the period January 1987 and December 1993;
7.52 The unlawful supply and possession of ammunition in contravention of Sections 35(1)(a) of Act 75 of 1969 during the period January 1987 to December 1993;
7.53 The unlawful supply and possession of ammunition in contravention of Sections 35(1)(b) and 36 of Act 75 of 1969 during the period January 1987 and December 1993;
7.54 The unlawful possession and supply of hand grenades and other explosive material in contravention of the provisions of Act 75 of 1969 and Sections 5 and 28 of the Explosives Act No 26 of 1956, during the period January 1987 to December 1993.
8. Israel Nyoni Hlongwane is REFUSED amnesty in respect of:-
8.1 The kidnapping, rape and murder of Sihle Ncala at Unit 2, Mpumalanga, on or about 18 April 1988;
8.2 The kidnapping, rape and attempted murder of Stella Msomi at Unit 2, Mpumalanga, on or about 18 April 1988.
This Committee is of the opinion that all the victims or members of their families affected by and involved in above-mentioned offences are victims in terms of Section 26 of the Act and hereby recommends that they be referred to the Committee on Reparation and Rehabilitation for consideration.
Signed at Cape Town this the 25th day of November 1999.
..............................
JUDGE S.M. MILLER
.............................................
ACTING JUDGE S. KHAMPEPE
................................
ADVOCATE MOTATA
