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 two incidents where Applicant was involved in the shooting and killing of two persons. The first incident relates to the killing of Johannes Dlamini in Commissioner Street, Johannesburg during or about 1985. The remaining incident concerns a shooting at the house of the Langa family situated at 1772 Manaka Street, Vosloorus on Sunday afternoon 8 October 1989 when Bidla Buthelezi was killed and Nonhlanhla Jane Mduli was shot and injured on her right cheek. Pursuant to the second incident Applicant and three co-accused were arraigned in the Witwatersrand Local Division of the Supreme Court during 1990 and convicted of a count of murder in respect of Bidla Buthelezi, a count of attempted murder in respect of Nonhlanhla Jane Mduli as well as the unlawful possession of arms and ammunition. Applicant was sentenced to life imprisonment in respect of the murder convictions and varying additional terms of imprisonment in respect of the other convictions.
Applicant was the only person to testify at the hearing in respect of the first incident. Both he and Alpheus Mandlakayise Langa testified in respect of the second incident. The facts concerning the incidents per se are common cause and will be summarised briefly.
MURDER OF JOHANNES DLAMINI
Applicant's uncle, Thosheleni Cebekhulu, was killed at Wattville, Germiston during March 1985. Applicant did not witness the killing but was subsequently informed that the perpetrators were members of the African National Congress ("ANC"). The alleged perpetrators were pointed out to Applicant at some point after the killing. According to Applicant he then decided on his own to avenge his uncle's murder. He also confirmed in the amnesty application form that he had no orders from any political organisation to do so.
A number of months after the killing, Applicant and his brother, Mbhekeseni Henry Cebekhulu, came across a group of people, including the deceased, in Commissioner Street, Johannesburg. The deceased was one of those people who were previously pointed out as the persons who killed Applicant's uncle. Applicant shot and killed the deceased. The identity of the deceased was unknown to Applicant, although he maintained that the deceased was an ANC member. Applicant was unable to offer a reasonable basis for his conclusion, save to point out that he saw the deceased in a meeting at a factory. he was unable to meaningfully respond to the fact that the ANC was a banned organisation in 1985 without any open structures or membership inside the country. Significantly, Applicant testified that he would not have killed the deceased if the latter had not been involved in the killing of Applicant's uncle.
Having carefully considered the matter, we are not satisfied that the incident is associated with a political objective. Although Applicant alleged in his testimony that his uncle was a member of the Inkatha Freedom Party ("IFP"), this was directly contradicted in an affidavit deposed to by his brother, Mbhekeseni, at Boksburg Prison on 8 September 1999 wherein he indicated that he was unaware if his uncle was affiliated to a specific political organisation. He also indicated that he was unaware whether his uncle's killers were affiliated to any political organisation. This supports the fact that in 1985 there would not have been any open members of the banned ANC as alleged by Applicant. As pointed out above, the Applicant testified that he decided on his own to take revenge, which was clearly the motivating factor in his attack upon the deceased. On Applicant's own admission, he was not acting on orders of and thus on behalf of any political organisation. We are therefore not satisfied that the killing of the deceased constitutes an act associated with a political objective.
ATTACK ON THE LANGA FAMILY
According to Applicant's version, a resident of the Vosloorus hostel, and IFP member Mcelelwa Sikhakhane, informed him that there were certain ANC members in Vosloorus who had to be attacked because Sikhakhane lost two relatives in a violent conflict. Applicant and a number of other persons thereupon went to the house in Vosloorus pointed out by Sikhakhane. They were all armed. Applicant and some other members of the group entered the house, while the rest of them remained outside to attack anyone escaping from the house. They met Alpheus Mandlakayise Langa inside the house. Applicant knew Langa from their home village, Nquthu in KwaZulu Natal. When Langa noticed the Applicant, he fled into one of the rooms. Applicant then shot and killed the deceased, Bidla Buthelezi, and wounded Nonhlanhla Jane Mduli. Both victims were unknown to Applicant. After the shooting the group fled and were later arrested.
Langa testified that he knew the Applicant as one of his neighbours at Nquthu in KwaZulu Natal. He also knows Sikhakhane as a fellow resident of Nquthu and was unaware of any attack upon Sikhakhane's relatives. He was not a member of any political organisation at the time and did not associate with the comrades. He was a member of the trade union, which was affiliated to the Congress of South African Trade Unions ("Cosatu"), at the cement factory where he was employed.
Sikhakhane was employed at a different firm. There was never any work-related conflict involving himself or Cosatu and Sikhakhane.
The only conflict Langa was aware of were faction fights which were taking place in Nquthu. These fights continued in Johannesburg where members of the contending groups were employed. Langa was informed about the fights in Nquthu when he telephoned his mother who was permanently residing there. Langa testified that those people from Nquthu who refused to become involved in the faction fighting wee often themselves targeted by the participants in the fights. He was one of those who refused to become involved and suspects that Applicant's group actually intended to attack him either because he was perceived as siding with their opponents or due to his refusal to join their side. He escaped the attack by securing himself inside one of the rooms. The persons who were attacked were completely innocent and had no links with Nquthu. The deceased was simply a friend who came to visit and Ms Mduli was a neighbour who happened to be at the Langa home at the time. Langa also indicated that he was unaware whether Sikhakhane belonged to any political organisation or whether Applicant was an IFP member.
In assessing the respective versions of Applicant and Langa, we are satisfied that Langa's evidence was truthful and credible. He has made an exceptionally favourable impression upon us. He answered all questions satisfactorily and did not show any animosity towards the Applicant. We accordingly accept his version without any hesitation. Applicant has not made the same favourable impression upon us. No credence can be attached to his testimony that he was never aware of any faction fights in Nquthu. He also failed to give any explanation for attaching weight to Sikhakhane's alleged statement that anyone present in the Langa house would be ANC members at a time when the ANC was still a banned organisation. He eventually conceded under cross-examination by the leader of evidence, Ms Mtanga, that the attack was directed at Langa and was based upon the faction fights in Nquthu. It is accordingly clear that the victims were totally innocent and were attacked for no adequate reason.
Having carefully considered the matter, we are satisfied that the attack upon the victims was in no way associated with any political objective. It follows that the incident therefore fails to comply with the requirements of section 20(2) and (3) of the Act.
In the result the application is REFUSED.
DATED AT CAPE TOWN THIS
: DAY OF
: 2000.
JUDGE DENZIL POTGIETER
ADV. N. SANDI
ADV. F. BOSMAN
