DECISION
The applicant applies for amnesty in respect of the murders of Thembekili Ncama Sikobi and Landiwe Sikobi which occurred on 19 October 1992 at Dlovinga in the Izingolweni area.
The applicant is a member and supporter of the Inkatha Freedom Party (the IFP). On New Years day 1991 his home in Nkulu, which is close to Dlovinga, was attacked and burnt to the ground by supporters of the African National Congress, (the ANC). His grandmother was killed in the attack.
He was told that two brothers, the Sikobi brothers, were amongst the group that attacked his house.
On 19 October 1992 the applicant was told by Ntshebe Shange that one Sipho Ngcobo, the brother of the local IFP leader, wanted to see him as the Sikobi brothers were at their home in Dlovinga. The applicant went to Sipho Ngcobo. He obtained ammunition for his 9mm pistol from the said Ngcobo. He then proceeded to the Sikobi's house in Dlovinga in the company of the said Shonge and one Gejamapoint Mbulu, both of whom were also armed with firearms.
The applicant testified that he proceeded to the Sikobi house with the specific intention of killing the Sikobi brothers who attacked his house. He also stated that he went there on his own volition and that he was not ordered to do so by Sipho Ngcobo or anybody else.
When they arrived at the Sikobi residence they met Lindi Sikobi, the younger brother of the two brothers they were looking for. The applicant took hold of Lindi and asked him where his brothers were. He responded by saying they were in Durban. They did not believe him and started to search the premises which consisted of more than one free-standing hut. The applicant states that his two companions entered a hut when he was proceeding towards the kitchen hut with Lindi. He heard gun shots and then went into the hut where his companions were. In the hut he saw two elderly women who had been shot. They were both dead. The applicant asked his companions why they killed the women. They responded by saying they did so because that is what members of the ANC do when they attack IFP homes. Lindi broke away from the applicant and ran away. The applicant tried to stop him by shooting at him, but Lindi managed to escape.
The applicant stated that it was never his intention that the women be killed and he expressed remorse therefor.
It is our view that the murder of the two women was a needless and wanton act of destruction. The only reason why they were killed was because they happened to be present at the premises when the applicant and his companions arrived there. There was no plan to kill anyone other than the two Sikobi brothers who allegedly attacked the applicant's home.
The applicant, in his version given at the hearing of this matter, disassociated himself from the killing of the two women by stating that he was not present when they were killed, that he never had the intention of killing them and that he was surprised and dismayed that they were killed.
After taking all the circumstances into account, we are not satisfied that the applicant, in relation to the killing of the two women, was acting on behalf of or in support of the IFP bona fide in furtherance of a political struggle.
We are also not satisfied on the evidence before us that the two deceased women can be said to have been political opponents of the applicant.
We are accordingly of the view that the killing of the women was not an act associated with a political objective as contemplated by the provision of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995.
In the result the applicant's application for amnesty is REFUSED.
SIGNED AT CAPE TOWN THIS THE 28th DAY OF MARCH 2000.
: JUDGE S MILLER
: JUDGE R PILLAY
: MR I LAX
