DECISION
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Thamsanqa Norman Tshoko (hereinafter referred to as "the 1st Applicant) and Nkulukeko Freedom Sidya (hereinafter referred to as "the 2nd Applicant") apply for amnesty in respect of the murder of Silomo Shadrack Gazu which took place on 28 January 1993 at Boipatong.
Political violence persisted in Boipatong after the infamous Boipatong Massacre and tensions between African National Congress (ANC) supporters and Inkatha Freedom party (IFP) supporters were extremely high. Both Applicants were ANC supporters.
The ANC supporters who resided in Boipatong organised regular patrols of the streets. The object of these patrols was to prevent attacks from IFP supporters. On 28 January 1993 the 1st Applicant participated in one such patrol. The patrol consisted of a large number of persons.
The 1st Applicant testified that they came across Mr Silomo Shadrack Gazu (hereinafter referred to as "the Deceased") in Majola Street. The Deceased was searched and was found to be in possession of a card that reflected that he resided in the KwaMadala Hostel and that he was therefore an IFP member or supporter. The members of the patrol then commenced to assault him. He was kicked, beaten and struck with a variety of objects. The 1st Applicant kicked him and also hit him on the ribs with a brick. After the Deceased had fallen to the ground, paraffin was poured over him and he was set alight. He died as a result of the injuries sustained in the assault upon him.
The 2nd Applicant testified that he was working in a shop in the close vicinity to where the patrol came across the Deceased. A person came into the shop and demanded paraffin. The 2nd Applicant provided him with paraffin and went out of the shop with him to where the Deceased was. When 2nd Applicant heard that the Deceased was an IFP supporter, he too participated in the assault by kicking the Deceased.
Both Applicants, together with a number of other people, were later arrested and charged with the murder of the Deceased. The matter never went to trial as the charges were withdrawn due to the lack of evidence.
It is clear from the evidence before us that the motive for the murder of the Deceased was political and we are satisfied that the 1st and 2nd Applicants' participation in the murder were acts committed with a political objective as contemplated by the provisions of the Promotion of National Unity and Reconciliation Act 34 of 1995. We are also satisfied that both Applicants have made a full disclosure of all relevant facts and that their applications comply with the requirements of the aforesaid Act.
In the circumstances the applications succeed and:
1. Thamsanqa Norman Tshoko is GRANTED amnesty in respect of the murder of Silomo Shadrack Gazu which was committed on 28 January 1993 at Boipatong;
2. Nkululeko Freedom Sidiya is GRANTED amnesty in respect of the murder of Silomo Shadrack Gazu which was committed on 28 January 1993 at Boipatong.
We are of the opinion that the family of Mr S S Gazu are victims and this matter is referred to the Committee on Reparation and Rehabilitation for consideration.
DATED at CAPE TOWN this day of 2000
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JUDGE S MILLER
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JUDGE N J MOTATA
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MR J B SIBANYONI
