: DECISION
The two Applicants have applied for amnesty for the murder of one Mr Mphathiseni Thulani. Ntanzi who was killed on the 25th September 1993 at Ezindophi near Eshowe area.
The two Applicants testified that they were both members of the Inkatha Freedom Party Youth Committee. The first Applicant was the assistant Youth Leader. Of paramount importance in this matter is the fact that the deceased was the brother of the first Applicant.
The first Applicant testified that there were no good relations between him and the deceased. He stated that ever since the first Applicant joined the IFP, he was not on good terms with his brother, the deceased. His testimony was that his brother would speak badly about the IFP saying that he would not support it because their members were ignorant and uncivilised.
The first Applicant even left his home and moved to another area because he feared for his life. At the time when the deceased was killed, there was political tension between the members of the Inkatha Freedom Party. This was the period before the 1994 General Elections, and all the political groups were fighting for political positions and roles.
The Applicants stated that initially their area was an IFP stronghold but gradually became mixed as the ANC was making inroads.
They testified that certain key IFP members had been killed and the suspicion grew that the ANC was responsible for these atrocities.
First Applicant's brother, that is the deceased, was known to be an ANC supporter. He attended ANC meetings. He was also seen by the first Applicant to be associating with people from outside their area under strange circumstances. He was then perceived by the Applicants to be involved in the perpetrating of acts against the IFP or at least in giving some information which led to the attacks on the IFP members.
First Applicant mentioned that before he left his home, he had been attacked by unknown people and those were people who had actually been visiting his brother. He decided to leave home because he did not feel safe.
Some of these unknown people who visited the deceased would come wearing ANC T-shirts. If there was an ANC meeting in the area these "foreigners" would first come to first Applicant's home and thereafter leave to go to their meeting which would be at a venue unknown to the Applicant.
Second Applicant said that approximately two to three weeks before the killing of the deceased, his home was burnt. As a result he lost all his possessions. He stated that the secretary of the IFP who had been murdered as part of the ongoing violence, was his cousin. Thus as a result of the violence in the area he was disturbed both psychologically and emotionally.
An IFP meeting was held at one Luthuli's house. This meeting was held on 25 September 1993.
It was at this meeting where it was discussed and resolved that the deceased should be killed. The deceased's brother suggested that he should be killed because he was perceived to be a danger to the IFP people.
These people went to attack. It was the two Applicants and one Mtangwenyawo. The first Applicant knocked at the door. The deceased opened the door, the second Applicant then fired a shot at him. After that they all left and sent back to Luthuli's house.
Having heard the evidence of the Applicants, the Committee is aware that there were certain inconsistencies and contradictions in the evidence of the Applicants. However these contradictions are not as such as to render the applications defective. Further in Applicant's favour, the judge in the High Court mentions in the judgment at page 15 that accused number four (4), that is second Applicant said "it was accused one's suggestion that the deceased should be shot because he was a member of the ANC. It was agreed by all present that this should be done."
This confirms that there was a political motivation for the killing of the deceased.
In the circumstances the Committee is satisfied that the killing was committed with a political motive. The Applicants have made a full disclosure and the application complies with the requirements of the Act.
Amnesty is GRANTED to both Applicants for the murder of Thulani Ntanzi.
The first Applicant mentioned that the deceased was neither married nor did he have children. His mother Thuleni is referred to the Reparations and Rehabilitation Committee for consideration.
SIGNED AT CAPE TOWN ON THIS THE 12TH DAY OF MARCH 2001
JUDGE A WILSON
ADV S SIGODI
MR I LAX
