: DECISION
The applicant applies for amnesty for the killing of Samuel Amos Mpapane (Mbango) at Mbuzini Trust on the 17th June 1986. The next-of-kin of the deceased could not be traced despite notices in "The Sowetan" newspaper as well as a regional paper "Positive Vision" as well as broadcasts on two community radios calling on interested persons to come forward. The matter then proceeded on an unopposed basis.
The applicant testified that at the time of the incident, he was a member of the African National Congress (ANC) and the armed wing Umkhonto weSizwe (MK). The deceased was suspected of being an informer who worked hand in glove with the SADF who harassed members of the community. This jeopardised the free movement of MK soldiers which used that area as a route to infiltrate South Africa from Swaziland.
The applicant and his colleagues whom he mostly knew only by their code names, were instructed by their Commander Force Mazibuko to kill the deceased and were given carte blanche as to how they would kill their target. Although they had not confirmed the information that the deceased was an informer the applicant bona fide believed it to be the case and went ahead to kill him. The deceased was captured at his home and taken to the outskirts of Mbuzini where he was necklaced and burnt to ashes. The applicant was unable to give details of his accomplices (save that of one Frans who has in the meantime died) since he only knew them by their code names.
It is to be noted that the applicant had never been arrested or charged with the abovementioned offence and had come forward to request amnesty out of his own accord. He explained that the political objective was to ensure a safe route for MK cadres. When questioned about the reason for the particular brutal way in which the deceased was killed, he explained that they were
unarmed at the time and that they had come across the de ceased rather unexpectedly. They did not send for a firearm since they
had decided that the use of a firearm might have attracted attention and that it would have caused some risk of arrest.
Although the Committee had some difficulty about the cruel manner in which the deceased was killed, it came to the conclusion that it would not be appropriate for the Committee to take an armchair view in this regard. The Committee is satisfied that the applicant has complied with all the requirements for amnesty as required by the Promotion of National Unity and Reconciliation Act, 1995, and accordingly amnesty is GRANTED to Sibandiso John Nkuna for the murder of Samuel Amos Mpapane (Mbango) at Mbuzini Trust on 17 June 1986.
In our opinion the next-of-kin of the deceased, Lozinda Thalitho as well as any children the deceased might have had, are victims in relation to his murder and they are accordingly referred for consideration in terms of the provisions of Section 22 of the Act.
Dated at Johannesburg this 7th day of December 1999.
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ACTING JUDGE J. MOTATA
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ACTING JUDGE C. DE JAGER
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ADV. F. BOSMAN S.C.
