DECISION

The Applicant applies for amnesty for the killing of Sipho Ngema who was shot by him at the Mozambique restaurant in Manzini, Swaziland on or about 6 January 1988.

The Applicant testified that he was a member of the African National Congress ("ANC") and an Umkhonto weSizwe ("MK") cadre who had undergone military training in Angola and Germany. He was deployed in Swaziland in 1987 as a member of a unit of 4 under the command of one Shezi, now deceased. The other members were one Thabiso, the second in command and Dumile, both now also deceased.

At the time ANC members were harassed by askaris and hit squads of the then South African Government. The deceased, Sipho Ngema, was one of such askaris who was previously a member of MK but who had defected.

The Applicant was told that Ngema was in Swaziland and ordered by Thabiso kill him. While Ngema was in the restaurant, the Applicant approached him, asked him to identify himself and upon confirmation of his identity shot him four time in the chest and head. Thereafter he left with Dumile and Thabiso who was driving the getaway car. He did not report the incident to anybody and assumed that Thabiso, who was in command of the operation, would do so. He, the Applicant, did not derive any personal benefit from the killing.

The wife and 18 year old son of the deceased attended the hearing but did not give evidence. The Committee is therefore left with only the evidence of the Applicant.

It was argued on behalf of the deceased's relatives that there was a duty on the Applicant to verify the order given to him by Thabiso. The Committee rejects this argument. There is nothing to indicate that the deceased was not a legitimate political target. The Applicant was a mere foot soldier who acted upon the orders of a superior. It was not for him to question or verify this order. He has complied with all the formal requirements for amnesty and acted with a political objective as required by Section 20(1)(a) of the Promotion of National Unity and Reconciliation Act, No 34 of 1995 ("the Act") and, in the opinion of the Committee, made a full disclosure of all relevant facts.

Accordingly amnesty is GRANTED to the Applicant, Kevin Mabalengwe Mdlankomo, for the killing of Sipho Ngema in Manzini, Swaziland on or about 6 January 1988 and any other offence or delict directly flowing from or associated with this killing.

In the opinion of the Committee the wife of the deceased, Ms Zanele Ngema and his son, are victims in terms of Section 22 of the Act and they are referred to the Committee on Reparations and Rehabilitation for consideration.

DATED AT CAPE TOWN THIS 11TH DAY OF DECEMBER 2000

JUDGE D POTGIETER

ADV F BOSMAN

ADV N SANDI