AC/2000/008

APPLICATION IN TERMS OF SECTION 18 OF THE PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT, NO.34 OF 1995 ______________________________________________________

This is an application for amnesty for the killing of Absalom Mnyakeni and Patrick Khumalo, as well as for assault on Brenda Ngabo, all violations having taken place on the 21st March 1992 at Daveyton in Mandela Squatter Camp. The applicant with three co-accused, Forman Mngomezulu (also an amnesty applicant - AM0187/96) whose application was heard by another panel of the Committee on the 3rd of November 1999 in Johannesburg, Agnes Nkosi and Simon Nkuna stood trial for the above and other offences and was convicted on 30th June 1993 in the Regional Court at Benoni.

Although the applicant was convicted on charges of kidnapping of Brenda Ngabo and Mongezi Dunga, as well as for assault with intent on the latter, he maintained that he was not guilty of these latter three charges and therefore did not apply for amnesty in relation to these charges.

None of the victims were traced by the Commission's staff and none of them nor any of their relatives therefore attended the hearing. The Committee was assured that everything humanly possible was done, including the placement of adverts in a newspaper, the Sowetan, asking for victims or their relatives to come forward without any success. The Committee then proceeded to hear the matter.

The version of the applicant was to the effect that the two deceased, Mnyakeni and Khumalo, were from Sundra area, but regularly visited and stayed in Mandela Squatter Camp. They were accompanied by other unknown youths. They lived a lawless life, carrying firearms and shooting at random in the camp, killing and injuring people. Applicant was a member and the Deputy Chair of the ANCYL and with other members inter alia patrolled the township. They nonetheless roamed the camp, were hosted by inhabitants and attended meetings of the Community. After such meetings where these youths attended, Youth League members were normally harassed by the police. These youths were also seen walking with radio communication equipment (walkie talkies). The Community suspected them of collaboration with the police.

On the 20th March 1992, applicant and some of his colleagues were patrolling the area for weapons. They came upon Sdudla (one of the deceased, but applicant is not able to identify him by name) and others. They were carrying firearms and they were merely disarmed, yet allowed to stay in the township.

That night one of the ANCYL members, Msebenzi, was killed and his body mutilated and another person, one Dungwane, was stabbed. Dungwane (who was also from Sundra) implicated Sdudla and his friends. The applicant and members of the community in a large group tracked the alleged perpetrators, Sdudla and one of his colleagues, down in one of the shacks where they also found a bloodstained knife and the gun of Msebenzi. They were assaulted, taken to the sports-grounds where they were further assaulted, doused with petrol and burnt alive. Applicant participated in the acts and personally set Sdudla's colleague alight.

The deceased confessed to their killing of Msebenzi before they were set alight and after having been assaulted. The police arrived and those involved fled.

Brenda Ngabo, who was the girlfriend of the applicant, often kept company with the victims. She was approached by applicant coming from the sport-grounds to point out the whereabouts of the other youths from Sundra. She went with him without being forced. he did assault her because she was at first untruthful. He knows that she was also stabbed with a knife, but this was not by him. She showed him the wound after the event.

Applicant did not recall seeing Forman Mngomezulu at the incidents. he only remembers seeing him at the police station. He knows, however, that Msebenzi's girlfriend was in some way related to Mngomezulu because she called him uncle.

Although there are some inconsistencies between the testimony of the applicant and that of Mngomezulu (AM0187/96; the transcript of proceedings, the Committee had read), the Committee is of the opinion that they are not material to the application. The Committee is further satisfied that the applicant has made a truthful disclosure and given the lapse of time also a full disclosure of events, as contemplated in Section 20(1) of the Act. The Committee is lastly satisfied that the acts occurred within the political conflicts of the past and that they were associated with political objective.

Amnesty is therefore GRANTED to the applicant for the killing of Absolom Mnyakeni and Patrick Khumalo and for the assault on Brenda Ngabo. The names of the above three victims are being referred to the Reparations and Rehabilitation Committee in terms of Section 26, as the Committee is of the opinion that they are victims as defined in the Act.

SIGNED AT..................THIS.....DAY OF..........2000

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JUDGE N J MOTATA

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ACTING/JUDGE C DE JAGER

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MR W MALAN