DECISION
The applicants were members of the ANC and Self Defence Unit hereinafter referred to as SDU's in Duduza, East Rand in 1993 under the supreme command of Ms Puseletso Skhosana.
It is common cause that there was a political conflict between the supporters of the ANC and those of the Inkatha Freedom Party (IFP) in the East Rand for political control over the area.
Mr Isaaih Ngema, the brother of one of the deceased, the late Mr Ngema, gave evidence and confirmed the political conflict that existed in the area particularly between the Duduza Hostel Residents who were perceived to be IFP and the local residents who were supporters of the ANC.
The applicants apply for amnesty in respect of their participation in the attack on Duduza Hostel on the 19th March 1994. This attack was launched pursuant to a decision taken by the first applicant and one Sam Mqwati who was an SDU commander, to launch retaliatory attacks after the ANC Hostel dwellers had been attacked by IFP Hostel dwellers on the 4th March and were chased away from the hostel. This conduct exacerbated the conflict between the members of the opposing parties.
The first applicant hit the deceased Ntombela whom he knew as an IFP supporter with a panga at the back of his neck. Other SDU members also participated in assaulting him with an assortment of sharp objects. He also hit Ngema with a panga, but did not establish whether both had died in consequence of such attacks. It is now common cause that both Ngema and Ntombela were amongst the persons who were found dead in the vicinity of the hostel shortly after the attack and that seven other persons were also found dead in that area. According to the police investigation conducted in relation to the attack on Duduza Hostel immediately thereafter, no other attack save the one alluded to by the applicants took place in the area. We are therefore satisfied that all the deceased were casualties of the attack launched by the applicants on the hostel dwellers on the 19th March 1994.
The second applicant testified that he was carrying a kierie which he used to hit the hostel dwellers at random in the hostel. He also used it to break a hostel window. He cannot identify any person on whom he used his kierie and whether the people he hit with the kierie were killed or not. He however associates himself with the intention commonly held by the SDU's that night to injure and kill their opponents.
Having regard to the evidence led before us, we are satisfied that the applicants have complied with the requirements of section 20(1) of the Act and amnesty is hereby GRANTED to each applicant in respect of the following offences:-
The murder of the undermentioned persons committed on or about 19 March 1994 at or near Duduza hostel:-
1. Mr S.M. Ngema;
2. Mr L. Mkhize and Mr Ntombela;
3. Three unidentified IFP executive branch members; and
4. Four unidentified IFP members.
This Committee is of the opinion that the families of Mr S M Ngema, Mr L. Mkhize and Mr Ntombela and the families of the seven unidentified IFP members are victims in terms of Section 26 of the Act and recommends that they be referred to the Committee on Reparation and Rehabilitation for consideration.
SIGNED ON THE
: DAY OF
: 2000
JUDGE S KHAMPEPE
JUDGE N J MOTATA
JUDGE C DE JAGER
