DECISION
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The applicant applies for amnesty in respect of the murder of Manafuthi Mbokazi near the Power School at Umgababa on 1st January 1982.
According to the applicant, the deceased Mfanafuthi Mbokazi, with six other IFP supporters attacked the house where he and Isaac Msomi were staying on 1st January 1992. The house belonged to a Mr Myeni who had fled the area because he feared for his life during the ongoing fighting between members of the ANC and the IFP. He said he knew the attackers and they were, according to him, former ANC members who defected from the party and later joined the IFP. He knew the deceased as a person who had been involved in killing ANC members since 1989. It is common cause that the deceased was 21 years old when he died in 1992.
According to the applicant the seven attackers were armed with knives, assegais and five home-made guns. He and his two companions (apart from the two looking after the house a certain Kwazi Mbambo was also with them) fled and were pursued by the deceased and his companions who were firing shots at them. Six of the pursuers abandoned the pursuit but the deceased continued chasing him. He fell and the deceased fell on him and tried to kill him. He managed to take the deceased’s knife and with the assistance of Msomi freed himself and stabbed the deceased with the deceased’s own knife and with the assistance of Msomi freed himself and stabbed the deceased with the deceased’s own knife in self-defence.
The story differs vastly from the evidence of Alzina Luthuli, the girlfriend of the deceased and mother of his child who was one year old at the time. She gave evidence that she and the deceased were on their way to the market where she used to sell articles. The deceased had spent the previous night (Old Years Eve) with her at her parents’ home. On their way to the market they met the applicant, Leehe Msomi and KwaziMbambo. Two of them passed the couple while the third one remained behind.. The applicant referred to the deceased in a derogatory manner as being a member of Inkatha. He used the word "Klova". The deceased turned around to face the applicant and was then attacked by the applicant who stabbed the deceased with a knife while he was held by Msomi. She did not notice whether Kwazi Mbambo assisted. On seeing the first stab directed at the throat of the deceased she fled towards the market place where she expected to meet his sister. While looking for her sister it crossed her mind to phone the police. She noticed a long queue waiting at the phone booth and on not finding her sister ran back to the road to try to find a taxi to take her to the deceased’s family to inform them about the attack. When she reached the road she saw a bakkie coming and noticed that the deceased and his father were on the bakkie. The bakkie was driven by Mr Mbambo Snr, the father of one of the men who accompanied the applicant. She got into the front of the bakkie with the driver and they rushed to the hospital where the deceased died shortly after arrival. She also testified that she is convinced that the deceased did not carry a knife that morning. She would have known if he did because he spent the previous night with her. She also denied that he had a gun, She testified that the deceased was not involved in politics but conceded that he might have been perceived to be an IFP member because he stayed in a predominantly IFP area.
Alzina Luthuli’s evidence was in certain respects corroborated by Frederick Mbokazi, an elder brother of the deceased.
The applicant was found guilty of murder and sentenced to six years imprisonment. He was recently released from prison. His co-perpetrators did not apply for amnesty.
The committee, after considering all the evidence is not satisfied that the applicant made full disclosure of all the relevant facts. He did not satisfy the Committee that there was an attack by seven IFP members or supporters at all, or that he used the deceased’s knife to stab the deceased or that the attack took place as described by him. His evidence contradicted his previous statements. Alzina Luthuli on the other hand impressed us as a truthful witness and we have no hesitation in accepting her evidence. We do not find it necessary to analyse the evidence of Frederich Mbokazi. Even if we would ignore his evidence, it would not alter our decision.
In the result the application was REFUSED.
The Committee, in terms of Section 22 of the Act 1995, however, is still of the opinion that the deceased’s child and Alzina Luthuli, the mother of this child and the girlfriend of the deceased should be considered victims in terms of the Act.
SIGNED at CAPE TOWN this the 22 day of FEBRUARY 2000.
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WILSON J
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DE JAGER AJ
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SIBANYONI J B
