: DECISION
The Applicant applies for amnesty for a number of offences all related to a series of clashes between supporters of the Inkatha Freedom Party (IFP) and activists of the African National Congress (ANC) at or near the border of K-Section, KwaMashu and Richmond Farm in KwaZulu Natal. The Application is not opposed.
The political conflict between the two groups during approximately the late '80s and early '90s is common cause. The IFP supporters of whom the Applicant is one, were generally resident in the Richmond Farm squatter camp and the ANC activists in K-Section KwaMashu.
The Applicant testified under oath. he was unable to give a well-defined account of all the events, exact dates on which the incidents occurred or the identity of all the victims. His memory of the dates does not correspond with that of the three victims who testified. Viewed broadly, however, it is clear that the Applicant and victims refer to the same incidents. On all the evidence before it the Committee can go no further than to ind that the incidents occurred over a rather ill-defined period stretching from the late '80s into the early '90s.
The tracing of the victims and the next-of-kin of the deceased also presented the Committee with some problems. Endeavours by the Investigators of the Commission only proved to be partially successful. Some victims and next-of-kin were eventually traced and three of them, Ms Mynah Luthuli and Ms Grace Ngidi and Mr Mabula Isaac Shangase testified at the hearing.
The first incident referred to by the Applicant in both his application and his oral testimony does not disclosure any offence on his part. he merely witnessed the burning of houses on the border between the two areas. This incident and more particularly, insofar as the Applicant is concerned, the necklacing of an elderly man by ANC activist some time later, sparked off subsequent clashes between the two political groupings.
The Applicant disclosed that members of a known criminal gang, the so-called "AmaSinyora Gang", dissident former UDF supporters, became an integral part of the IFP group. The Applicant was never a member of the gang but associated himself with some of their actions involving attacks on ANC members. This was confirmed by the victims who knew the Applicant as a man of sober habits and a regular church goer.
The Applicant actively participated to a varying degree in a number of attacks. He was able to identify the following in more detail although the Applicant was unable to put dates to the incidents.
He remembered them to have taken place in the order listed below.
1. An attack at or near the Thandimfudno Lower Primary School in K-Section during which he stopped transport and passengers on their way to work and burnt the belongings of the Ntini family in Nkonjane Road.
2. His association with an attack by the AmaSinyora gang and others on ANC members the subsequent day in the same area as set out above.
3. An attack on unknown ANC activists in the Main Road area K-Section and Richmond farm on the following day.
4. The burning and damaging of houses belonging to the Mokoenas, Mbathas, Ngidis and Shangases. The Applicant personally set the Shangase's house alight.
5. The acquisition of an unlicensed shotgun from a person by the name of "Rasta" and, the burning of the Luthuli's home at or near Richmond farm.
6. The subsequent shooting by the Applicant of two unidentified males near a creche and school yard in Main Road KwaMashu.
7. Leading an attack in the area of Richmond Farm, eZikrebheni, "13" side K-Section and "14" side near a reservoir during which approximately 14 people were killed and various motor vehicles were maliciously damaged.
8. Cooperating with members of Combat Security in securing the nearby reservoir against attacks. This also involved the harassment and assault on a number of people on the road and the eventual shooting and wounding of one Guduza Makhoba and Mduduzi.
The Applicant, although he was merely a supporter of the IFP, gradually assumed a leadership role causing him to incur liability for a number of acts and offences in which he did not physically participate but nevertheless associated himself with. He was not able to give proper details of all these incidents.
The Committee is satisfied that the Applicant has complied with all the formal requirements for amnesty, that all the acts of violence the Applicant was involved in were acts committed with a political objective as defined in section 20 of the Promotion of National Unity and Reconciliation Act 34 of 1995. The Committee is further satisfied that he has made a full disclosure of all relevant facts insofar as his memory allowed him to do.
Accordingly the Applicant is GRANTED amnesty for all offences and delicts relating to the incidents listed below and all other acts directly associated with or flowing from the conflict relating to these incidents in the Richmond Farm/KwaMashu are during the late '80s and early '90s preceding the new constitutional dispensation in the Republic of South Africa.
1. An attack at or near the Thandimfudno Lower Primary School in K-Section during which he stopped transport and passengers on their way to work and burnt the belongings of the Ntini family in Nkonjane Road.
2. His association with an attack by the AmaSinyora gang and others on ANC members the subsequent day in the same area as set out above.
3. An attack on unknown ANC activists in the Main Road area K-Section and Richmond farm on the following day.
4. The burning and damaging of houses belonging to the Mokoenas, Mbathas, Ngidis and Shangases. The Applicant personally set the Shangase's house alight.
5. The acquisition of an unlicensed shotgun from a person by the name of "Rasta" and, the burning of the Luthuli's home at or near Richmond farm.
6. The subsequent shooting by the Applicant of two unidentified males near a creche and school yard in Main Road KwaMashu.
7. Leading an attack in the area of Richmond Farm, eZikrebheni, "13" side K-Section and "14" side near a reservoir during which approximately 14 people were killed and various motor vehicles were maliciously damaged.
8. Cooperating with members of Combat Security in securing the nearby reservoir against attacks. This also involved the harassment and assault on a number of people on the road and the eventual shooting and wounding of one Guduza Makhoba and Mduduzi.
The following persons are in the opinion of the Committee victims and they are referred to the Committee on Reparation and Rehabilitation for consideration.
Ntini family, Mokoena, Mbatha, Ngidi, Shangase and Luthuli families, relatives of the late Guduza Makhoba and Mduduzi who was crippled in one leg but whose further details appear to be unknown.
DATED AND SIGNED IN CAPE TOWN THIS 5TH DAY OF FEBRUARY 2001
JUDGE S MILLER
ADV FJ BOSMAN
MR I LAX
