DECISION
This is an application for amnesty in terms of the provisions of Section 18 of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 ("the Act"). The matter relates to the killing of Alfred Mbuyiselo Wilo ("the deceased") at Evaton, Vereeniging on 25 December 1990. Pursuant to the incident, Applicant was tried and convicted of murder together with a number of co-accused in the Transvaal Provincial Division of the then Supreme Court under case number CC78/92. Applicant was sentenced to 12 years imprisonment.
Applicant testified in support of the application, which is unopposed. The evidence can be set out briefly as follows. At all material times, Applicant was a member of the Self-Defence Unit ("SDU") as well as the chairperson of a street committee in Evaton. It is common cause that these structures were formed by and affiliated to the African National Congress ("ANC") of which Applicant was a supporter. According to the uncontested evidence of Applicant, the duties of the street committee included protecting the community against attacks from anti-ANC elements, in particular vigilante groups such as the Inkatha Freedom Party ("IFP").
The deceased had a history of conflict with members and supporters of the ANC living in the Evaton community. Applicant had received numerous complaints concerning the behaviour of the deceased. Applicant spoke to a member of the deceased’s family in connection with the deceased’s conduct.
On the last occasion prior to the incident in question, Applicant had spoken to the deceased personally in regard to a complaint that the deceased had attacked a lady and her family in their home. On that occasion, Applicant ordered the deceased to repair the damage which he had caused to the house in the course of the attack. It was clear from his actions and statements that the deceased was opposed to members of the ANC and Applicant had suspected that he could be a member of the IFP.
On the day in question, Applicant came upon a group of ANC supporters who had apprehended the deceased. Applicant learnt at the scene that the deceased had stabbed and killed a 13 year old member of the ANC Youth League, one Lester Shoping. This killing had incensed the community as well as the Applicant. Applicant took a knobkierie and struck the deceased one blow to the head. This caused the deceased’s death. Applicant then addressed the crowd that had gathered which led to the crowd setting the body of the deceased alight. Applicant did not participate in the latter incident. Applicant indicated that he killed the deceased because the latter was harassing members of the ANC and also killed Lester Shoping. His objective in killing the deceased was to send a message to those who wanted to kill ANC members that this would not be tolerated. Subsequent to this incident there were no further attacks on members of the ANC at Evaton.
In assessing the application, we take into account that the evidence of Applicant was uncontraverted. Applicant has made a good impression upon us and we find no grounds for rejecting his version. On the strength of this version, which we accept as true, the deceased had shown himself to be an enemy of the ANC through his conduct. This was accepted as such by the Applicant who suspected the deceased of being an IFP member. Insofar as the Applicant was concerned, this belief was reinforced by the killing of Lester Shoping a known member of the ANC Youth League. This fact clearly sparked off the action taken against the deceased. In the circumstances, the attack upon the deceased obviously fell within the duties of the Applicant to protect members of the community against attacks from anti-ANC elements. Applicant had reasonable grounds for the belief, which was bona fide in the circumstances, that he was acting against a political enemy. This was clearly the principal motivation for the action taken against the deceased. This is also borne out by the fact that a large section of the community participated in and thus approved of the attack upon the deceased. It is understandable that Applicant and members of the community would have been angered and deeply hurt, as Applicant put it, by the killing of Lester Shoping. This does not detract from the fact that the history of conflict involving the deceased and ANC members and supporters played a determining role in the attack on the deceased. The disclosure that he was angry, illustrates the candour of the Applicant. It would be erroneous to conclude that Applicant was solely motivated by anger and therefore had no political objective in acting against the deceased. Such a finding would conflict with the uncontested evidence of Applicant concerning the anti-ANC conduct of the deceased and the fact that the latter was perceived as a political enemy. It was, moreover, never put to the Applicant in evidence that he had no political objective and acted solely in a fit of rage. In a similar vein, it would be speculative to find that intoxicating liquor was the motivating force behind the killing of the deceased. No basis was laid in the evidence before us to justify such a finding. Little weight can be attached in this regard to the trial proceedings, which were conducted under completely different circumstances from the amnesty application where Applicant’s guilt is admitted.
Having carefully considered the matter, we are satisfied that the Applicant has made a full disclosure of all relevant and material facts and that the killing of the deceased constitutes an act associated with a political objective as envisaged in the Act. In the circumstances we are satisfied that the application complies with all of the requirements of the Act.
Amnesty is accordingly GRANTED to Applicant in respect of the killing of Alfred Mbuyiselo Wilo at Evaton, Vereeniging on 25 December 1990.
In our opinion the next-of-kin of the deceased are victims and they are accordingly referred for consideration in terms of the provisions of Section 22 of the Act.
DATED AT CAPE TOWN THIS __________ DAY OF _________________ 2000.
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D. POTGIETER, A.J.
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C. DE JAGER, A.J.
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ADV. F. BOSMAN
