DECISION
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The Applicants apply for amnesty in respect of various crimes. They make application in terms of Act 34 of 1995 as amended (hereinafter referred to as "the Act").
The applications are unusual as they relate (somewhat) to the practise of witchcraft in the area of the Northern Province (formerly known as Venda).
The various applications are opposed on the basis that they were not committed with any political motive but were related to jealousy and malice on the part of the Applicants. It is therefore necessary to delve into the concept of witchcraft as was perceived and practised in the area, at the time.
Professor V N Ralushi testified on behalf of the Applicants. He was the Chairman of a commission (hereinafter referred to as the commission) established to investigate witchcraft, ritual murders and other related crimes. In completing their duties as such, the commission travelled to various tribal areas in the district which fell within its jurisdiction. There they interviewed traditional doctors, members of the different religions, church leaders, members of civic organisations, ordinary people and other relevant groupings.
When the leaders of the area which became known as Venda opted for independence, not all of the aspects of witchcraft seem to have been adequately dealt with by the anti-witchcraft Act. Generally, chiefs of the districts formed part of a tier of government at the time. They were regarded as believing in witchcraft. It seems that it was one of the findings of the commission that the chiefs in general did believe in witchcraft. Coupled with this, was the bona fide belief in the area that chiefs were associated with ritual murders which flowed from witchcraft. There was the further belief that witchcraft enhanced the powers of chiefs and ensured the maintenance of their political powers. It was therefore believed that the chiefs were the custodians of the witches. There was also the bona fide belief that those who practised witchcraft were more than willing to help chiefs in their endeavours to retain authority and power over the community. There was therefore a general fear, especially amongst the youth, that ritual murders would be resorted to more readily by the chiefs and government officials, to entrench their powers. Indeed the evidence disclosed that a number of members of government were prosecuted for such murders and at least one of them was convicted thereof.
The commission also found that there was a belief by the then Government of the Republic of South Africa, who wanted to have de facto control of the area, that chiefs were able to effectively manage the area politically because of the general respect they enjoyed from the people of the area of Venda. This belief grew amongst the ordinary folk and those who sought democratic change, particularly amongst those who sought reincorporation into a democratic Republic of South Africa.
The Chiefs were perceived by the youth to be a front for the South African Government and their cohorts in Venda.
The use of witchcraft, to wield political power put those who indulged in witchcraft and/or ritual murders in as much political danger as the chiefs and government officials were.
It was Professor Ralushi's view also that while the general public, especially the youth, had a genuine belief about the required political changes, it was enhanced and fuelled by similar political actions in other parts of South Africa where the youth organised themselves and others and targeted those who helped the machinery of apartheid.
He also testified that it was possible that at times, the youths were used as pawns in order to settle private disputes on the pretext that their actions were related to political considerations. He mentioned that this latter occurrence was the exception rather than the rule. However, the youth still had a bona fide belief that they were acting with a political interest. Various youth groupings started to be formed in Venda to attend to the political interests of the area.
It transpired during the evidence of the Applicants that the position of those who indulged in witchcraft in the area was discussed by the political leaders. These were not only leaders from the local community but also from outside the area as well. It followed therefore that in tracing the chain of apartheid power from the effects of apartheid on the majority of people in the area to ultimate conductor(s) of the apartheid apparatus, chiefs and those who indulged in witchcraft were seen to be important political cogs in the system affecting the people of the area from which the Applicants came. It seems that the matter was discussed on an organisational basis by high-ranking officials and as a result those who assisted the apartheid institutions like chiefs and furthermore those who assisted the chiefs and government officials became targets of the anti-apartheid movement.
The Act provides that amnesty shall be granted to an Applicant if his or her application complies with certain requirements as prescribed therein. The Committee must be satisfied that:
Firstly, the formalities have been fulfilled;
secondly, that the offence(s) for which amnesty is sought, was committed by reason of the advancement of a political stand; and
thirdly, that the Applicant has made a full disclosure of the facts related to the commission of the offence(s).
A. N A MUHADI (AM2717/96); N P RERANI (AM2718/96); N D SIOMA (AM2719/96);C N RAGWALA (AM2720/96); R K ROMASITSI (AM2723/96); J T MASITHULELA (AM2724/96); D M NEMAKHAVHANI (AM2725/96) AL MULADY (AM2726/96);AD RAMMBWA (AM2727/96); AA MAIVHA (AM4300/96); JOHANNES MOUFHE MAKATU (AM4319/96); F L MADUNA (AM7348/96)
Most of the youth of the Mavungha area joined the Mavungha Youth organisation, (the organisation). This was a loose association intended to be structured into a fully fledged youth movement affiliated to an existing national youth umbrella body.
The events which lead to the crimes for which amnesty is sought, arose during the process of trying to properly establish the Mavungha Youth Congress. It is clear that the persons who associated therewith, honestly believed in its principles and understood the reasons for its existence and associated themselves with its activities and the results thereof. It was intended to be politically based to assist in facilitating a democratic change in the area and the reincorporation of Venda into the Republic of South Africa.
The deceased was a member of a high profile family in the area. It seemed that the Mavungha area was indeed referred to by the very name of this family. It was no secret that the family was directly involved at some level of government and, as was believed by the community, the benefits thereof set most of the members of that family above the rest of the community in many ways.
It is common cause that the deceased was involved in farming and possessed a number of farming implements to carry on his farming operations. These farming implements were those which were not normally owned by ordinary Black people, farming in the area. This led to the conclusion by many people in the area that he was able to afford such farming implements because of the benefits attained from the apartheid regime as a reward for helping them "control" the areas at the expense of the general population.
There is evidence that, what looked like human bodies, were seen to be off-loaded at the deceased's farm. The high level of his productivity at the farm with so few farm labourers, led to the belief that he used what was termed "zombies" to work his orchards. Presumably the aforesaid human bodies, were used to evolve the zombies. The belief that it was being done by means of the supernatural powers of witchcraft and through which the deceased was also able to sustain himself and the apartheid mechanisms.
In addition it was evident from the testimony of most of the Applicants that the deceased had a tendency to interfere with the activities of the organisation. He would, for example, question the singing of freedom songs about Mr Nelson Mandela. Indeed it seems that he was able to stop them initially as a result of his status in the community because he behaved like the chief of the area. On one particular day, when they were attending a youth meeting in the mountains, (it was held in the mountains because of the deceased's previous interference with the youth activities) most of the youth were stoned and some of them assaulted by the deceased and others. As a result, some of the youth refused to attend further youth meetings and thereby adversely affecting the building of the organisation. Consequently, a meeting of the village people was held to discuss the situation. The meeting decided to report the matter to the local headman and to request what is known as a "trek pass" which was a notice of eviction from the area because the deceased's presence there could no longer be tolerated. The trek pass was obtained but the deceased did not adhere thereto. Even the intervention of the South African Police Services to ensure compliance with the pass did not help.
It was by custom, imperative to adhere to the trek pass as did three (3) other persons (thought to be involved in witchcraft and evicted with the aid of a trek pass procedure).
Consequently, the youth met again on the 6th April 1990, about three (3) days after the incident on the mountain to discuss the matter. It was decided that all of them would go to the deceased's kraal and tell him to leave. They marched to his kraal but he refused to go. The crowd got angry and stoned his home, burnt his motor vehicle and killed him. His wife, Rosinna, was hit by some of the stones but was allowed to leave the kraal with her children.
Ndanduleni Phillip Rerani: testified that he first saw the mass going to the home of the deceased. He saw them throw stones at the property and burn the vehicles. He also threw stones at the property in which the deceased was at the time. He did not know why the deceased and his property was being attacked and he had no particular reason for doing so himself.
Ndwamato Amos Muhadi: , a member of the association was informed of the said meeting. He was delayed and on his way to the venue he saw the people already on the march to the deceased's kraal. He was informed of the decision and accompanied them to the deceased's kraal. He participated in the subsequent attack on the deceased and his property. He wanted to rid the area of the deceased because he saw him as one who was indulging in witchcraft and assisting to maintain the political situation in Venda. He is in a slightly different position to the others as he did not attend the meeting held immediately prior to the events. However, he was informed of the proceedings and decisions taken at the meeting. It is the view of the Committee that it does not materially affect his position and he ought to fall within the general group when the applications are considered.
Roger Khathutshalo Ramasitsi: was one of the leaders with the group. He was the first to testify. He did not make a good impression as a witness and we had difficulty following his reasoning and some of his allegations such as the belief that the deceased made use of Zombies to work his farmlands. Generally, on its own, his evidence would not stand up to scrutiny. However, his version fits in with the general evidence of all the other Applicants whom we believe. The reasons for his action and what exactly occurred prior to and during the commission of the offences for which he applies for amnesty is consistent with that of most of the other Applicants. We will consequently consider his position together with the majority group of the applicants.
The rest of the Applicants: were all present at the meeting of the 6th April 1990 and from which they went to the deceased's home. All associated themselves with the attack on the deceased and his property, participating in various ways. It is not necessary, in our view, to deal with the action of each of the individuals save to mention that each did something specific, be it throwing stones or setting the deceased or his property alight and made common cause with each other. In the result they all contributed to the death of the deceased and the destruction of his property.
The Act requires that amnesty shall be granted if the Committee is satisfied that the formalities of the Act have been complied with and provided that the offences for which amnesty is sought were associated with a political objective and that full disclosure regarding the facts relevant to the commission of the offence(s) has been made.
At the outset we wish to emphasise that we approach this application on the basis of the evidence placed before us. We are of the view that each case must be dealt with on its own merits and in terms of the evidence placed before this particular Committee.
In this application we are satisfied that the required formalities have been complied with. We are also satisfied that the requirement of full disclosure, as envisaged by the Act, has been complied with by all the applicants.
The issue which is the focal point of this application revolves around the requirement related to the political motive for the commission of the crimes for which amnesty is sought.
In this particular matter, we are presented with a complex set of circumstances linked to issues of witchcraft activities in the area together with the reliance thereon by the chiefs who were the political authority in the area. Coupled with that is the belief that the chiefs allowed themselves to be used to control the area on behalf of the then South African Government. Furthermore, these offences were being committed by a strong desire, especially amongst the youth of the area, to reincorporate the Venda area into the Republic of South Africa.
It must be understood that what is contained herein must not in any way be sen to support the idea that those who indulged in witchcraft practices were able to actually exercise unusual powers so as to influence the flow of events. It is clear to us, however, that there was a genuine belief amongst many of the residents of the area that witchcraft was a phenomena from which unusual powers could be derived. it is also clear that there was a bona fide belief, not only amongst the youth but also amongst high-ranking officials within certain political parties, that the Nationalist Government of the Republic of South Africa opportunistically used this fear of or belief in witchcraft together with the respect for the chieftain system to its political advantage. In particular, this was the reason for resistance to reincorporation of the Venda area into the Republic of South Africa. There was also a bona fide belief that the chiefs indulged in witchcraft or sought such assistance to maintain their political authority for their own advantage and also to the advantage of the Government of the Republic of South Africa.
It is clear that the behaviour of the deceased towards the Applicants and their association enhanced their belief that the chieftain system and witchcraft played a significant political role in the area and in the lives of the people who lived there.
Rosina Mavhunga, the deceased's second wife and to whom he was married at the time of his death testified. She opposed the application. It is not clear why she did so because she did not state reasons for doing so. In any event she denied knowledge of the alleged behaviour of the deceased towards the association. She did not know of any witchcraft practices that the deceased might have been involved in. She put that so strongly that she seemed convinced that the deceased was not involved in such practices. However, significantly, she did not deny that such practices were rife in the area.
In our view, the Applicants had a bona fide belief:
(1) in the alleged capabilities of witchcraft and that it was being used for political reasons and that the deceased indulged therein for political ends;
(2) that the deceased's anti-democratic activities were designed to stifle the development of the Mavhunga Youth Congress and reincorporation into the Republic of South Africa;
(3) his refusal to adhere to that society's mechanisms to solve the problem (his refusal to adhere to the directive of the trek pass indicates that he intended to continue with his harassment of the democratic forces of the area).
His death and the attack on his property were therefore a direct result of a bona fide belief that he was the source of political frustration to the people in the area.
The position of Ndanduleni Phillip Rerani is different and as he did not have any reason, political or otherwise, to commit any of the offences. His application therefore falls to be REFUSED.
In the result we are satisfied that all the other Applicants have complied with the requirements of the Act and amnesty is GRANTED to them for:
(a) the murder of Edward Mavhungu on the 6 April 1990;
(b) arson in respect of the deceased's home on the 6 April 1990; and
(c) public violence in respect of activities at and outside the deceased's home on the 6 April 1990.
It is recommended that Rosina Mavhunga, the deceased's wife, be declared a victim as envisaged by the Act. it is further recommended that the Reparation and Rehabilitation Committee also investigates the prospects of each of the deceased nine (9) children also being declared victims.
B. A J LUKWA (AM 3278/96); T E TSHIBALO (AM 3277/96)
The Applicants make application in terms of Act 34 of 1995, as amended ("the Act") in respect of nine counts of murder and eleven counts of arson. These are as follows:
The murders of:
1. Mr Johannes Mualusi
2. Mr Jack Ramarumo
3. Mrs Leah Tharaga
4. Mr Tshirongana Libada
5. Mrs Rebecca Nenzhelele
6. Mrs Maggie Matshusa
7. Mrs Fanyisani Ndou
8. Mr Makuvhile Andries Budeli Ndou
9. Mr Birima David Khavhakhavha
Arson in respect of the property:
1. Mr Johannes Bualusi at Folovhodwe
2. Mr Wilfred Nefolovhodwe at Folovhodwe
3. Mr Johannes Tshivhidzo Tshibalo at Folovhodwe
4. Mrs Matodzi at Folovhodwe
5. Mr Tshirongana Libada at Folovhodwe
6. Mrs Leah Tharaga at Folovhodwe
7. Mrs Rebecca Nenzhelel at Folovhodwe
8. Mrs Maggie Matshusa at Folovhodwe
9. Mrs Jack Ramarumo at Folovhodwe
10. Mr Makuvhile Andries Budeli Ndou at Muswodi Dipeni
11. Mr Birima David Khavhakhavha at Muswodi Dipeni
All the counts relate to the persons whom the Applicants regarded as those indulging in witchcraft and thereby countering the progress to political advancement of the people in the area of Venda as described above.
The Applicants were part of a large group of persons whose expressed intention, on the 10th day of March 1990, was to deal with those indulging in witchcraft and oppressing the political progress of the residents of Venda. They wanted to overthrow the then government of Venda and desired to the reincorporation of the area back into South Africa.
The Applicants both described how the group of people went from home to home of those whom they intended to attack. In so describing the events of the day, they constantly described how the group attacked each victim and his or her property. In each event the victim died as a result of being burnt and the homes were almost always burnt. They constantly described their individual peripheral roles in each event.
They were not willing to disclose who actually set any victim alight, who poured petrol on any victim, how the homes were burnt or who carried the petrol used as fuel to start these fires.
This was despite being close enough to physically assault some of the victims or to penetrate the homes. The memory of both tended to fail them when it suited them. Applicant Tshibalo in particular, tendered three or four reasons for putting fire to his own father's hut. Neither of these reasons were compatible with another. he tended to change his evidence when it suited his case especially whether or not his father indulged in witchcraft activities.
There does not seem to be any problem with the formalities having been complied with. While there may be reason to doubt these particular Applicant's motives, it is not necessary to determine the requirement of political motive.
Neither of the Applicants made a good impression on the Committee when testifying. They both seemed to be reluctant to describe fully their own roles in any of the incidents and furthermore, both were reluctant to disclose the identity of other leading role players in the incidents in which these offences were committed.
They both disclose very specifically only that which they were willing to admit to. Overall they did not want to implicate others nor did they want to endeavour to contribute to the broader picture of the truth relating to the commission of any or all the offences in question.
Consequently, the Committee is not satisfied that the Applicants have disclosed all that they are able to in relation to the offences. However, the overall political climate in which these crimes were committed sets the crimes within the parameters of having been committed for political reasons.
In the result, the amnesty applications by both Applicants is REFUSED.
The following persons are declared victims as defined in the Act and referred to the Reparation and Rehabilitation Committee for attention and to investigate the prospects in regard to the children of the deceased fathered from his four (4) wives (victims):
1. Vele Khavhukhavhu
2. Martha Ramaruo
3. Neledzani Mauluri
4. Muditambi Makuvhila
C. M D MALIMA (AM2537/96)
The Applicant makes application for amnesty in respect of the murder of Mudzunga Mulaudzi ("the deceased")
The youth of Hampofu area, in the district of Tshitale gathered within the context of the general attitude towards the political situation in the area. As was the case in other districts of Venda, they also paid attention to the role of the witches within the political context.
However, one of the members of the youth congress, Elvis Tshiluka, became mentally deranged. The deceased was regarded as one of the witches who caused the derangement of Elvis. he was asked to rectify the problem but he failed to do so.
The Applicant was also told that the deceased associated with the chief in the Tabalala area. The chief was known as Freddy Tabalala who was a known supporter of the Venda National Party and held a position in Parliament. The deceased, it was believed, was providing assistance derived from the practice of witchcraft to help Tabalala retain his political power. Again, it was reasoned that this would stifle the progress towards freedom and reincorporation into South Africa as desired by the majority of the community. In addition, the youth feared that the deceased would affect more of the membership of the youth congress in the way she had affected Tshiluka. It was reasoned that this would be done to reduce membership and perhaps drive away people from an organisation who opposed the Government.
On the 20th March 1990, the community gathered and resolved, in view of the failure to rectify Tshiluka's situation, as requested, that those indulging in witchcraft practices, had to be killed.
They then went to the deceased's kraal, found her at her cooking kraal. The Applicant hit her with a stone to prevent her from escaping. Her hut was already burning. He compelled her to go into the burning hut and prevented her from escaping from it. She died as a result of this attack.
The Committee is satisfied that the requirements of the Act have been complied with.
In the result, the Applicant is GRANTED amnesty in respect of the murder of Mudzunga Mulaudzi and in respect of arson in regard to her hut.
D. J MAULUDZI (AM3282/96); N RAMALATA (AM3283/96); S MATALA (AM3284/96)
The Applicants make application in respect of the murder of Munzhedzi Emely Makulana ("the deceased") on or about the 21st March 1990.
On or about the 21st March 1990, after various attempts to solve the problem regarding witchcraft as described above, through the chief, the youth organised themselves in the village of Mufunzi. They embarked on a campaign to deal with the problem. The Applicants were members of the organisation which was intended to be officially launched into a fully fledged youth congress similar to those in other areas of Venda. Shortly before the killing of the deceased, the members of this youth organisation in Mufunzi held a meeting. Samuel Matala chaired the meeting and agreed with the decisions concluded there. The problem of political oppression and its relationship with witchcraft was discussed. It was decided that the witches should be killed. Petrol and tyres were obtained in preparation for the killings.
The deceased was one of the thee alleged witches identified at the meeting by Thomas Ramashila and George Matalala. Many people then proceeded to the home of the deceased. She was extricated from her home.
After volunteering, one Gerry Mshasha poured the petrol over her. Applicant Mulaudzi assisted him in opening the container. One Thomas Mudau placed a tyre over her. An unidentified person lit it. Her body and the tyre caught alight. As it was burning, she managed to pull the tyre off her but a she burnt and lying on the ground, Mudau and one Elvis Makhumbele put the burning tyre back on her. She lay on the ground burning. They heard the police coming and they then ran away. The deceased died as a result of the aforementioned attack.
Norman Ramalata: obtained the petrol having been so delegated by the meeting together with a few others. They obtained it from a place from which petrol is sold. He knew why the petrol was being purchased and associated with the intended killing of the alleged witches in terms of the decision taken at the meeting. He assisted, by surrounding the deceased's home and thereby preventing her from escaping. He also threw stones at the house in which the deceased was at the time.
Josiah Davhana Mulaudzi: was at the meeting also and was party to the decision to kill the alleged witches. When the crowd of which he was part arrived at the deceased's home, she was assaulted. Mulaudzi hit her with a sjambok. He also instructed the younger people to put a second tyre on the body of the deceased. He also pelted the house of the deceased with stones.
The Committee is satisfied that the formalities of the Act have been complied with. Furthermore, the Committee is satisfied that the murder of the deceased was committed because of a bona fide belief that she was a witch who was assisting government officials to retain their political power and thereby extend the oppression the community was experiencing. It is further satisfied that all the relevant facts in respect of the commission of the offence have been disclosed.
In the result, amnesty is GRANTED to the three (3) Applicants in respect of the murder of Munzhedzi Emily Makulana on the 21st March 1990 at or near the Mfunzi village.
The following persons are declared victims as defined in the Act and referred to the Committee on Reparation and Rehabilitation for attention:
1. Samuel Makhalane (90)
P O Box 80, Elim Hospital, Elim 0960.
Relationship with deceased - widow.
2. Hilda Tshimangadza Makhuba (53)
P O Box 80, Elim Hospital, Elim 0960.
E. T MAMMBURU (AM7440/97); S KIDZINGANA (AM7254/97); M MATSHIESEVHE (AM7206/97); T RAMABULANA (AM6523/97); T MUDZWIRI (AM6678/97)
The Applicants apply for amnesty in respect of the murder of Frans Mavhunda ("the deceased") and arson in respect of the deceased's hut.
The deceased was believed to be a witch in the area of the Tshiozwi district, Venda. He was also a member of the headman's council and was known to be in close contact with the officials of the then government of Venda.
They all attended a meeting convened by a youth grouping of Tshiozwi similar to those being formed in other areas of Venda. At that meeting the issue of witchcraft and its connection with the political situation was discussed. There it was decided to order these witches and wizards to leave the area, failing which they would be killed.
The Applicants were part of a larger group of people that went to the deceased's home and told him to leave the area. he refused and was thereafter stoned and set alight. His hut was also burnt.
Each of the Applicants either threw stones at the deceased while he was being attacked or assisted in actually burning him. In any event each testified that when they left the meeting they knew what could possibly happen and made common purpose therewith.
The Committee is satisfied that the requirements of the Act have been complied with.
In the result, the Applicants are GRANTED amnesty in respect of the murder of Frans Mavhaudu and of arson in respect of his hut.
The following are declared victims as envisaged by the Act and referred to the Reparation and Rehabilitation Committee for attention:
1. Mavadela Mavhauda, P.O. Box 627, Dzanani, 0955.
2. Josephine Mavhaudu, P.O. Box 627, Dzanani, 0955.
3. Florence Mavhaudu, P.O. Box 627, Dzanani, 0955.
4. Livhuwani Mavhaudu, P.O. Box 627, Dzanani, 0955.
5. Doris Mavhaudu, P.O. Box 627, Dzanani, 0955.
6. Nkumeheni Mavhaudu, P.O. Box 627, Dzanani, 0955.
7. Tshilidzi Mavhaudu, P.O. Box 627, Dzanani, 0955.
8. Matodzi Mavhaudu, P.O. Box 627, Dzanani, 0955.
F. A C MULOVHEDZI (AM7357/97)
The Applicant was a member of the community in Ha-Mphego, Thohoyandou. Similarly, in this area, a youth grouping, intended to be launched as a youth congress was dealing with the position of witches and wizards in terms of the political situation prevailing at the time.
He applies for amnesty in respect of:
(a) Attempted murder on Frans Mafulane;
(b) Arson in respect of the hut of Frans Mafulane;
(c) Attempted murder of Nkhaleni Nemadandila;
(d) Murder of Selinah Ralulimi ("the deceased");
(e) Arson in respect of the hut of Selinah Rahulimi.
After a community meeting on the 4th February 1990, a group of the people, including the Applicant, went on an escapade to kill people identified at the meeting as those practising witchcraft and assisting chiefs and officials of the government. Two of those identified were Mr Frans Mafulane and Mr Nemadandila, the husband of the deceased.
That night the Applicant and others went to the home of Frans Mafulane. He refused to come out of his hut when requested to do so. The Applicant then burnt his hut and as a result, Frans mafulane came outside. The crowed then assaulted him with the intention of killing him in terms of the decision of the meeting. He explains that during this assault Frans mafulane disappeared without trace. They all then left.
The Applicant then went to work in Gauteng. On his return home on or about the 18th December 19843, late at night he saw the naked figure of Selinah Ralulimi. He associated this event with witchcraft especially as her husband was targeted in any event. it seems naked women in public at night were linked to witchcraft. He then obtained a knife and went to her home. Upon knocking, the door was opened by her daughter, Nkhaleni Nemadadila. He stabbed her by accident. He then found Selinah and finally stabbed her to death.
Selinah was not identified at the meeting as a person who should be eliminated. Neither did the Applicant have any reason to think that she was a political threat in any way. Clearly and by his own admission, the stabbing of Nkhaleni was a mistake. The application in respect of the offences related to Selinah and her daughter therefore falls to be REFUSED.
In respect of the offences related to Frans Mafulane, the requirements have been satisfactorily complied with.
In the result, the Applicant is GRANTED amnesty in respect of the attempted murder of Frans Mafulane and arson in respect of his hut.
G. M MAGORO (AM2714/96); S BALOYI (AM2534/96)
The Applicants make application for amnesty in respect of the murder of Nyamaxholise Maduwa ("the deceased") and arson in respect of the hut in which she stayed. The deceased held a leadership position connected to government.
On or about the 21st march 1990, on returning home at night, Applicant Magoro encountered a group of people. He was informed by them of a decision of a community meeting to deal with the witches by first asking them to leave the area. If they resisted or refused to do so, they would be eliminated.
In pursuance of that decision, the crowed went to the kraal of the deceased who was identified as being a person who practised witchcraft. The Applicant associated himself with the decision and accompanied the group. They were aware that the attack could lead to the death of the deceased. When they arrived there she refused to open the door or to comply with the demand to leave. Her home was penetrated and she was set alight inside. She then ran out and was chased. While she was burning Magoro hit her with a stick knowing full well that he was contributing to her death in terms of the decision of the community.
Boloyi hit her with a stick and also helped to stone her. He contributed to her death on the basis of the position witches had in relation to political leaders and the assistance, as it was believed, they rendered to government people.
They both deny knowledge of any arson.
The Committee is satisfied that the Applicants have otherwise complied with the requirements of the Act.
Consequently, amnesty in respect of the murder of Nyamaxholise Maduwa is GRANTED to both Applicants. Amnesty in respect of arson is REFUSED.
H. M G LESHABA (AM4313/96); H MATHEBULA (AM4188/96); M J MAKANANISE (AM4301/97)
The Applicants apply for amnesty in respect of the murder of Johannes Selema Malatji ("the deceased"). In the area, Ha Maila, the youth held an open meeting on the 19th March 1990. The position in political terms of those who indulged in witchcraft and the impact that it had on the political power in the area. In this area also, it was honestly believed that the politicians resorted to witchcraft to retain power. This was unacceptable to the majority of the citizens. Four persons, including the deceased, were identified by the meeting as people who assisted the government officials to retain their power. Money to buy petrol and other materials were collected at the meeting in order to kill these people as decided by the meeting of the youth.
A second and broader meeting was held and included members of the community. It was then resolved to go and kill these people. The deceased was part of this meeting. He was identified by others at the meeting. The deceased was known to be close to certain politicians.
A tyre was placed around his neck and lit. He removed it and ran away. He however was burning already. The crowd then pelted him with stones until he fell. He was then stabbed with a sword. He was no longer burning when that occurred. He was questioned about his witchcraft activities and he identified others who worked with him. They were the same people identified at the meeting in which their activities were discussed. he admitted to doing the "work" in the chief's kraal.
Applicant Leshaba and two others fetched tyres and petrol and returned to the deceased.
The deceased was ordered to drink petrol. He refused to do so. Thereafter the Applicant then poured petrol on him. Someone from behind threw a lit match on the deceased and he started to burn again. Others fuelled the fire with grass. Tyres were also put onto the burning deceased. Leshaba also ut one of those tyres on the deceased. The deceased died as a result of the attack.
Applicant Makanaise hit the deceased with a stick while he was running away but before he started to burn. He chanted freedom songs when the others were throwing stones at the deceased. He did nothing further to the deceased. Otherwise he associated himself with everything that occurred.
Applicant Mathebula, in his application form stated that he was not guilty of anything. He repeated that when he started to testify. Upon his realising the problem, he made an attempt to change this and stated that he denied guilt in respect of other matters.
However, the whole of his application clearly refers to the offence(s) committed in respect of the deceased.
He was not a convincing witness at all and the Committee is not satisfied that he has made a proper declaration in respect of the commission of any offence.
The Committee is satisfied that Applicants Leshaba and Makananise have complied with the requirements of the Act. In the result, amnesty in respect of the murder of Johannes Soidaha Silema-Malatsi is GRANTED to Leshaba and Makananise but REFUSED in respect of Mathebula.
The following persons are declared victims as envisaged by the Act and referred to the Reparations and Rehabilitation Committee for attention:
1. Marubini Annah Selema (I.D. No. 47030706638080)
P O Box 153, Munzhedzi 0948.
2. Samuel Selena
P O Box 153, Munzhedzi 0948
I. T MAUBA (AM4169/96); M MUKHELI (AM7360/97);
F DAVHULA (AM7692/97)
The Applicants were members of the Manavhela Youth Congress formed in 1986. During 1988, Sharon Mashige, was brutally murdered. Her murder was linked to a ritual murder. As a result thereof, six political leaders were charged with her murder. One of them was eventually convicted.
They apply for amnesty in respect of the murder of Violet Movhe.
Some of the political leaders, including two of those who were acquitted was seen to frequently visit the home of Violet Movhe ("the deceased") who was regarded as a witch who was assisting these political leaders maintain their positions. Strengthened by the killing of Sharon Mashige, it was genuinely believed that the leaders generally maintained their positions because they were assisted by muti, advice and other substances, provided by witches in the area.
The free political activity of the community was being stifled as it was in other areas of Venda.
It is common cause that government officials frequently visited her. In her case also, the youth sought of her to stop her from assisting the political leaders by non-violent means in asking her to leave the area. This failed and led to the youth taking further action to deal with the witches and the relationships in question continued.
This problem went on for quite some time and by the 8th February 1990 a meeting was held to discuss the failure of the deceased to heed to the request to stop her assistance of the political leaders of the area. It was decided to obtain a trek pass from the headman so that she could leave the area. If she resisted or refused to co-operate, she would be killed.
About five hundred people went to her home in order to take her to the headman to obtain this trek pass. On arriving there, the deceased was dragged out of her home because she did not want to co-operate with the group. Upon her resisting, the crowd became impatient. She was questioned about continuing to accept visits from the politicians who were oppressing the people. She was also asked about the whereabouts of people who had disappeared from the area. (She was thought to be ultimately responsible for the disappearance of Walter Muige and Mrs Razwinanai). She did not respond to these questions.
She was then assaulted by about one hundred of them with sticks and stones. The Applicants assisted each other in dragging the deceased out of the house. They all also assaulted her with sticks together with the others in the crowd. She died as a result of the assault on her. The Applicants associated themselves with the attack on her and the resultant death.
The Committee is satisfied that the Applicants have complied with the requirements of the Act.
In the result amnesty is GRANTED to them in respect of the murder of Violet Movhe.
Takalane Sylvia Movhe (ID No. 5901090141080)
P O Box 125, Bbuwani, is declared a victim as envisaged by the Act and referred to the Committee on Reparations and Rehabilitation for attention.
3. M P MULAUDZI (AM3280/96); M MUTALI (AM3281/96)
The Applicants make application for amnesty in respect of he murder of Johannes Linvuma ("the deceased").
By the 2nd February 1990, the Applicants involved themselves in the political campaigns and organisations striving for the downfall of the then Venda government and for reincorporation into South Africa.
On or about the 2nd February 1990 a meeting was convened in which the Applicants were participants. The question of witchcraft was raised. In particular, the association of general body of witches with government leaders was discussed. That very meeting was disrupted by the government forces.
However, the meeting was reconvened after the forces left. At the meeting it was resolved that the deceased had to be burnt that night.
The deceased was already one of those identified as one of those visited by and giving assistance to the National Party members. He was known to give those leaders what is known as muti to retain their power and stifle progress of the political aims of the community.
The crowd then proceeded to the deceased's home and he was found there.
Applicant Mulaudzi offered a tyre and paraffin for the purpose of burning the deceased. She then stood guard on look-out for the police. She associated completely with the attack and the results thereof. Others then completed the attack on the deceased. The deceased was pelted with stones by the others in the meantime. The deceased died as a result of the said attack.
Applicant Mutali looked out for the police while the group went to the deceased. Thereafter he carried the tyre and paraffin to the group. He lit the paraffin and the deceased started burning. he then went back to the place where he kept guard.
The Committee is satisfied that the Applicants have complied with the requirements of the Act. In the result, amnesty in respect of the murder of Johannes Limvumu is GRANTED to both Applicants.
Nemodzavho Phineas Shandkani (ID No.4710170189107)
P O Box 2181, Sibisa, Venda, is declared a victim as envisaged by the Act and referred to the Committee on Reparations and Rehabilitation for attention.
K. SOLOMON MODISE MUENDA (AM6379/97); AUBREY LESHWEU MOKALENG (AM4112/97)
The Applicants make application in terms of the Act for amnesty in respect of the murder of Masakona Tseise ("the deceased").
During the late 1980's and early 1990's, the community of Venda as it then was, experienced political strife, under the government under rule of Frank Ravele. There was belief that the government officials and members were being kept in power with the help of the powers of witches. People who indulged in witchcraft thus became political targets of those who sought to change the political situation in Venda.
A number of people alleged to be involved in witchcraft had to be killed during that period because they were thought to be assisting the political leaders to continue with the said oppression and resisting the desire for reincorporation into South Africa.
It is further common cause that during April 1990 there was an overthrow of government and replaced by one under Mr Ramashama. This resulted in the community being allowed to indulge in free political activity. Furthermore, it is common cause, the question of reincorporation of Venda into South Africa wa a matter on the agenda at the multiparty talks at Kempton Park to decide and settle the future of South Africa.
On the 2nd October 1990, the body of Khathutshelo Maphaha was found. She had hung herself. Her family went to a bone thrower ostensibly to establish who was the cause of Khathutshelo's death. The family returned from the bone thrower and reported that the deceased was responsible for Khathutshelo's death. Part of the community then concluded that Khathutshelo's death was politically motivated. There is no concrete evidence to substantiate this conclusion.
As a result there was a decision at a community meeting that the deceased should be killed. The two Applicants were party to the decision and went with a large group of the community to the home of the deceased. There she was extricated from her home. Applicant Muenda stabbed her, assaulted her and dragged her to the spot where she was eventually killed. Applicant Mokaleng assisted in extricating the deceased from her home, he assaulted her with a stick and open hand over her body. She was then doused with petrol and burnt. She died as a result of this attack.
Muendo testified that he committed this crime because he believed that the government, as it had been doing under the rule of Ravele, stifled political activity and that it resisted the idea of reincorporation. Because the government was supported by the witches, his political desires referred to above were stifled. Yet there was already a change of government by the time the offence was committed. Further, by his own admission, he was aware that reincorporation was an item on the agenda of the multiparty negotiation.
Mokaleng, on the other hand, primarily did not associate his reasons for committing this offence with those reasons as tendered by Muendo. He seemed to concentrate more on the unlawful (as he testified) activities of certain government officials under previous rulers over the years. He said he distrusted the new government in power in October 1990. Another factor that motivated him into committing the crimes was that Khathutshelo would have been a leading political figure had she not died.
Both were in the same meeting to discuss the situation and it seems strange to us that they would each have committed the offence for different political reasons.
In any event the political situation changed when Ramashama became ruler and political activity was much improved. There was no reason to think that there would be any resistance to reincorporation by the Venda government because it was going to be settled by the multiparty talks.
The Act provides that amnesty shall be granted if the formalities have been complied with and that the offence(s) were committed for political reasons and that the Applicants have made full disclosure of the facts related to the commission of the offence.
The Committee is not satisfied that the Applicants have complied with any of the requirements of the Act and in the circumstances, the application for amnesty is thus REFUSED.
L. T A MASHAMBA (AM3279/97)
The Applicant makes application for amnesty in terms of the Act in respect of the murder of France Khomogwe. ("the deceased").
By the 11 February 1990, the fight against witchcraft especially ritual killings, had taken on huge proportions in the area of what was then called Venda. It was based on the belief already dealt with above.
The Applicant explained that he also believed that those in government were retaining such political power with the help of witchcraft including ritual killings. Like many others, he found the government and its policies unacceptable.
He was at the time a supporter of the ANC and in this way he was also attacking the opposition (to the ANC), who retained their power through what he bona fide believed to be the power derived from the practice of witchcraft.
After being party to a community decision to embark on killing those known to practice witchcraft, the Applicant accompanied others to the home of the deceased. They had already decided that he should be eliminated.
The Applicant, armed with a stick, entered the home of the deceased, beat him with the stick while putting him out of the house.
The rest of the crowd then got hold of the deceased. They in turn beat him with sticks and stoned him.
The Applicant knew that the crowed would attack the deceased and kill him. The deceased subsequently died as a result of this assault.
The Applicant then went with the others to seek out one Mafune. He was suspected of being a person who also indulged in the practice of witchcraft. The crowd did not find him at home. However, the Applicant then set the building where he stored his "medicines" alight. This building burnt as well as the two other structures that were part of the homestead.
The Committee is satisfied that the Applicant has complied with the requirements of the Act.
In the result amnesty in respect of the murder of France Khomogwe and three counts of arson in respect of the property of Mafune is GRANTED to the Applicant.
M. A K MUTHELO (AM4289/96)
The Applicant makes application for amnesty in terms of the
Act in respect of the murder of Flora Gumani.
("the deceased")
He relies on the Act which requires that the offences for which amnesty is sought, should have been committed for political reasons (amongst other requirements).
The Applicant testified that he killed the person because he thought that she was involved in practising witchcraft and caused the death of his wife in this way. He went to her home and set it alight. The deceased was burnt therein and as a result thereof, died the next day.
Clearly his actions were not based on any political motive and the application is thus REFUSED.
N. L F MUNYAI (AM7356/97); N MULANDZI (AM6680/97)
The Applicants make application in terms of the Act in respect of the murders of people identified to the Committee only as MADADZHE and MAPHAHA.
They attended a community meeting on the 2nd February 1990 similar to those referred to in other sections of this decision. The campaign against those indulging in the practice of witchcraft was gaining momentum in the area of Venda. The village of Tshino was no exception. This was discussed at the meeting.
The political rationale for killing those practising witchcraft was based on the same factors referred to elsewhere in this decision.
Firstly, a group of members of the community, including the Applicants, went to the home of Mr Maphaha, identified as one such person. Both the Applicants were armed with sticks. The crowd started breaking the windows of his home and he came out. When he came out the people started assaulting him. He tried to escape but was dragged out from a shed and beaten. The Applicants also assaulted him with the sticks they had. As a result of the assault, Mr Maphaha died.
From there they proceeded to the home of Mr Madazhe. The crowd started to break the windows of the house and some dragged him out of his home. When he was outside, he was assaulted by the people including the Applicants. He was then dragged into a hut which was set alight. The hut burnt with Mr Madazhe inside it and he died as a result.
Both the Applicants associated themselves with both attacks.
The Committee is satisfied that the Applicants have complied with the requirements of the Act.
In the result, amnesty in respect of the murders of Mr Maphaha and Mr Madazhe is respectively GRANTED to each Applicant.
SIGNED at CAPE TOWN this day of 2000
_______________________JUDGE R PILLAY
_______________________ADV DE JAGER (S.C.)
_______________________ADV SIGODI
