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These are applications for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 ("the Act").
A decision has already been handed down in the matters of A M Mhlambo AM4105/97, X B Tsotetsi AM2946/96 and M J Magula AM2949/96 which were heard contemporaneously with these two applicants. See Decision Number AC/2000/017.
In the said decision these two applicants were inadvertently referred to as implicated persons whereas in fact they were co-applicants.
All of the applicants testified at the hearing with regard to the same incident and the evidence of each applicant was corroborated by that of the others.
We are satisfied that these two applicants should be granted amnesty on the same grounds and bases as their co-applicants.
Having considered the matter, the Committee is of the view that Xolani Russel Phungula and Thami Thulani Zondi have satisfied the requirements of the Act and are GRANTED amnesty for the murder on 28th September 1991 of Thembisile Victoria Mthembu at or near Jabula Road, Enhlakakahle, Greytown, Umvoti District and the delicts which may flow therefrom.
The referral in terms of Section 22(1) of the Act was made in the decision referred to above.