DECISION
This is an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act No 34 of 1995 ("The Act").
At the commencement of the application, Mr Vassist Sewpal, who appeared on behalf of all the applicants informed the Amnesty Committee that applicant No 4, Mr Hector Magendane Sikhakhane, could not appear before the Committee because, according to his instructions, he is mentally ill and is uncertain when he could recover. Because his absence is due to health reasons, the Committee agreed that Mr Sikhakhanes application be removed from the roll, without depriving him of his right to pursue his application at a later stage if he should recover from his illness.
Mr Sewpal further informed the Committee that he was instructed by Fano Paatrick Tsotetsi, Xolani Russel Phungala, Thami Thulani Zondi and Bongani Zacharia Gwala, who attended the amnesty hearing, to act on their behalf in applying for amnesty. They were the co-accused together with the four applicants whose names were on the roll. All in all there were eight accused persons at the trial.
Miss Thabile Thabethe, the evidence leader, informed the Committee that Messrs F P Tsotetsi, T T Zondi, X R Phungula and B Z Gwala attended the hearing because they have been given notice in terms of Section 19(4) of the Act as implicated persons.
She further stated that they admitted to her that they never completed the necessary application forms to apply for amnesty. Accordingly the Committee ruled that these persons are not properly before it as applicants.
FACTS IN BRIEF
The three applicants before the Committee, together with five other persons mentioned hereinafter were arraigned before the then Supreme Court at Pietermaritzburg on 27th November 1992 and convicted with the murder of Thembisile Victoria Mthembu, a 20 year old female on 28th September 1991. The co-accused at the trial were Gende Hector Sifiso Sikhakhane, Fano Patrick Tsotetsi, Bongani Zacharia Gwala, Xolani Phungula and Thami Thulani Zondi. Each one of the accused persons was sentenced to ten years imprisonment.
Messrs Mhlambo, X B Tsotetsi, Zondi, Phungula and Magula testified before the committee. Their evidence is to the effect that they are members and supporters of the African National Congress (ANC) and that the deceased was also a member of the ANC. On 28th September 1991 the deceased was seen in the vicinity of the H L and H compound in Greytown. This compound was dominated by and regarded as a "stronghold" of the rival party namely Inkatha Freedom Party (IFP).
Applicant Mhlambo testified and gave the background to the incident and the circumstances which led to the death of the deceased. He told the Committee that on the afternoon of the 28th September 1991 he saw a certain Siphelo Khanyile assaulting the deceased until she admitted that she had dual membership of the ANC and IFP and that she deserved to be punished for what she had done.
Mhlambo testified that the deceased was then taken to the Chairperson of the ANC at Hlalakahle aarea, a certain Mr Mzolo, who is since deceased. During questioning of the deceased at Mzolos place, Mr Mzolo suggested that the questioning should be stopped to be continued on the following day. As the people were leaving his house, Mr Mzolo gave a signal by moving his finger across his neck, that the deceased should be killed.
All the applicants participated in carrying out Mr Mzolos order to kill the deceased. They ensured everyone contributed in the killing of the deceased by stabbing her with a knife so that "what they started together they should complete together".
Having considered the matter the Committee is of the view that A M Mhlambo, X B Tsotetsi and M J Magula have saatisfied the requirements of the Act and are GRANTED amnesty for the murder on 28th September 1991 of Thembisile Victoria Mthembu at or near Jabula Road, Enhlalakahle Greytown, Umvoti District and the delicts which may flow therefrom.
The next-of-kin of Thembisile Victoria Mthembu are found to be the victims and are accordingly referred to the Reparation and Rehabilitation Committee in terms of Section 22(1) of the Act.
SIGNED AT CAPE TOWN THE 09 DAY OF FEBRUARY 2000.
JUDGE S MILLER
MR J B SIBANYONI
MR I LAX
