DECISION
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The applications for amnesty arise out of the killing of Mr Mpumelelo Christopher Phewa on or about the 25th March 1994 at Wembezi in Natal.
The Applicants were members of the ANC in Wembezi which was under the leadership of one Teaspoon Mkhize. At the beginning of 1994, the ANC group under the leadership of Bheki Msimango broke away from the ANC in the area and joined the SACP. This caused a lot of political tension in the area as both organisations fought each other for political control over the area resulting in attacks being launched by one organisation against the other. The conflict was such that whenever members of these organisations met they would attack one another giving rise to an eye for an eye situation.
In this regard the first Applicant described the situation as follows:
"Whenever or wherever we met them, there was nothing else that we would do except killing one another".
The SACP members in the area voiced their displeasure at the way Mr Mkhize was running the affairs of the community and alleged that he was embezzling communal funds, allegations which did not auger well with the ANC group. These allegations led to the resignation of Mr Mkhize, a factor which only served to exacerbate the conflict between these two organisations.
The attacks by and counter attacks against these organisations continued unabated to the extent that mediatory meetings aimed at diffusing the conflict were convened by the national leadership of both the ANC and the SACP which were presided over by inter alia the late Harry Gwala and Blade Mzimande but to no avail.
It is against this background that the killing of Mr Phewa was committed by the Applicants.
The Applicants testified that although there was an alliance between the ANC and the SACP, a peculiar situation of hostility and conflict existed at Wembezi giving rise to a battle being waged by one organisation against the other for political control.
On the 25th March 1994 at Wembezi Taxi rank, the first Applicant fired several shots at the deceased using a 7.65 pistol which had been issued to him by the local ANC leadership for use during the conflict in the area. The second Applicant also fired several shots at the deceased whilst he was lying on the ground after having been shot by the first Applicant. He also used a firearm which had been issued to him by the local ANC leadership.
Having considered all the evidence before us, we are satisfied that the applications meet the requirements of Section 20(1) of the Act.
It is quite evident from facts stated above that this was an extraordinary conflict where members of the ANC and SACP at Wembezi were in a political struggle against each other for political power in the local structures. That was the factual position notwithstanding the fact that the two parties at a national level had formed a political alliance. The animosity and kills, however, were politically motivated and were associated with a political objective to gain political turf for their respective organisations.
In the premises, application is GRANTED to both Applicants in respect of the following offences:
1. The murder of Mpumelelo Christopher Phewa;
2. Unlawful possession of firearms;
3. Unlawful possession of ammunition; and
4. Any other competent or related verdict based on the same facts and which would relate to the same offences for which amnesty has been granted.
The Committee is of the opinion that the next-of-kin of the abovementioned deceased are victims in terms of the Act and hereby refer the matter to the Committee on Reparation and Rehabiliation for consideration as envisaged by the Act.
DATED at CAPE TOWN this day of 2000
____________________________SISI KHAMPEPE (A.J.)
____________________________CHRIS DE JAGER (A.J.)
____________________________MR W MALAN
