DECISION
The applicant was charged together with four co-accused in connection with the death of an unknown person during November/December 1992 at or near Tongaat.
He was found guilty of murder and the illegal possession of a firearm and ammunition and sentenced to 9 years imprisonment. His co-accused received the following sentences:-
Basil Ngwenya - 3 years
Sipho Ntuli - 3 years
Lucky Ntsheta - 12 years
Michael Khumalo was sent to a Reformatory school.
The applicant and his co-accused were members of a group of ANC members staying near the airport at Tongaat. The group consisted of 16 members and the leader was Lucky Ntsheta. The latter did not apply for amnesty but gave evidence at the hearing. He supported applicant in his application and explained that he did not apply for amnesty because he did not trust the warders and the amnesty process.
According to evidence, Lucky fled from the area where his family resided because they were supporters of the IFP. He came to stay with the group of ANC members at Tongaat and was accepted as their leader. On awakening one morning he saw a person (henceforth to be referred to as the deceased) standing under a nearby tree and keeping a watch on his shack. He immediately felt convinced that this stranger, who had a gun in his hand, was sent by his IFP – family to assassinate him. He escaped through the back window of his shack and managed to reach his friends and summoned them to assist him to "arrest" the suspect.
The applicant, who had a gun, pointed the gun at the suspect and called upon him to surrender himself as he was surrounded by applicant’s comrades. They then disarmed the deceased and started questioning him to "arrest" the suspect. The applicant, who had a gun, pointed the gun at the suspect and called upon him to surrender himself as he was surrounded by applicant’s comrades. They then disarmed the deceased and started questioning him. His answers were unsatisfactory. They then assaulted him with fishing rods. He then admitted that he was sent by Lucy’s brother to eliminate him because of his ANC affiliation.
According to Lucky he there-upon decided to kill this stranger because he was on a mission to kill him and if released would report back to Luck’s IFP family that he failed in his mission. They would then again send somebody else and he might not again be so lucky to see the assassin in time.
The deceased was then taken to a nearby bush, tied to a tree and the applicant was ordered to shoot him. the gun did not discharge and Lucky then stabbed the deceased 4 times with an assegai. They thereafter removed his eyes "so that the police cannot take pictures and see us through the eyes of the deceased".
Evidence was given at the trial that the deceased’s heart was cut out, cooked and eaten. This aspect is mentioned because the Committee had to consider whether the killing was what is commonly known as a muti-murder.
After considering all the evidence the Committee is satisfied that the murder was associated with a political objective. One of the factors leading to this conclusion is the fact that the trial judge found inter alia:
"They are victims of their environment. They have been born into an environment where political tolerance does not exist.
I accept in his favour (Lucky Ntsheta’s favour) that he had previously been injured by one of the Inkatha supporters and that they had previously killed one of his own colleagues:… he was plainly the leader of the group".
The applicant at the time of the incident was 18 years old. The judge found him unintelligent (and the Committee had the same experience) "it is plain that he is a follower in every sense. I accept that he is easily influenced, and that he acted at all times under the influence of accused No. 5". Accused No 5 was Lucky Ntsheta, the ANC leader of the group at Tongaat.
The allegation that the offence was associated with a political objective and that he acted on instructions of his leader is not an after thought raised in order to pace the whole incident within the ambit of Act 34 of 1995. It was raised at the trial during May 1995 before Act 34 of 1995 was passed by Parliament.
The Committee records that notwithstanding efforts the identity of the deceased could not be traced.
The Committee is satisfied that the application meets with the requirements of Act 34 of 1995 and amnesty is GRANTED to the applicant in respect of the following offences:-
The murder of an unknown man during or about November/ December 1992 at Tongaat in the district of Inanda, and illegal possession of a firearm and ammunition on that occasion.
SIGNED AT CAPE TOWN ON THIS 16 DAY OF November 2000
________________________ JUDGE S KHAMPEPE
________________________ ACTING JUDGE C DE JAGER
________________________ MR W MALAN
