AC/2001/101

TRUTH AND RECONCILIATION COMMISSION

AMNESTY COMMITTEE

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

JABULANI WISEMAN MZIMELA FIRST APPLICANT

(AM4237/96)

MADALA ZAMOKWAKHE MNYANDU SECOND APPLICANT

(AM9005/97)

DECISION

The Applicants make application for amnesty in terms of the Promotion of National Unity and Reconciliation Act No 34 of 1995 as amended (the act) in respect of the following:

1. Murder of CBS Makhathini;

2. Murder and Robbery of Mr Maphumulo;

3. Unlawful possession of firearms and ammunition.

The first Applicant also makes application in respect of the attempted murders of Jamile, Chief Khawula and Chief Lushaba.

The Applicants were members of the United Democratic Front (UDF) through the Clermont Youth Congress (CYC). They were in political conflict with members and the organisation of Inkatha Freedom Party (IFP).

Mr Maphumulo was close to Jamile, regarded as a witch-doctor. He was also a member of the IFP. When the Applicants' grouping held meetings in 28 Avenue, Mr Maphumulo tried to stop them and at times would call for the assistance of Jamile to do so. Some of the Applicants' colleagues went into hiding, fleeing from the IFP members. They were from Hammarsdale. They did not have food. They approached Maphumulo for assistance. He refused and said they should go and ask Mr Archie Gumede, the leader of the UDF. This occurred in 1987.

During the same year, the placards that advertised Trade Union meetings were also placed at his shop. He refused to allow this.

In 1988, Qashane Khuzwayo a political colleague of the Applicants' was killed. He was attacked and shot at his home. He died as a result. The membership of the UDF were shocked. He was killed for political reasons because the UDF leadership were regularly threatened with death. He was such a leader.

The day following Khuzwayo's death, the two Applicants and others met and discussed the death of Khuzwayo and the fact of the outrage of the community because of the death. This was not the only such like death at the time.

The meeting discussed the issue and concluded that the leadership was being eliminated in order to make it easier for the IFP to take control over the townships. The meeting decided to be confrontational in the face of this type of political movement by IFP.

The meeting decided to kill Mr Maphumulo because he was attached to the IFP and allowed the KwaZulu Police to use an area at his shop to park their vehicles. Four of the UDF members, the two Applicants and two others went to his shop. They were all armed except the 2nd Applicant. 1st Applicant and another both armed with firearms went into the shop while the other two stood outside, keeping guard. Me Maphumulo's daughter confirmed that her father was at home in the backyard. As they were still talking tot he daughter, Mr Maphumulo appeared. A bottle was thrown at 1st Applicant who discharged his gun but missed. Mr Maphumulo then approached 1st Applicant and his colleague. They both shot him. He died as a result. The incident was later reported to Pilane Khumalo because he was part of the plan and decision to kill Mr Maphumulo.

They also took an amount of R300,00 in order to purchase firearms to assist in the defence of the membership.

Mr Makhathini was also a prominent member of the IFP. A decision to kill him was taken at the same meeting in which the killing of Mr Maphumulo was discussed. Mr Makhathini was also in the forefront of putting Clermont in the control of the KwaZulu government. The two Applicants also went to attack and kill Mr Makhathini. 1st Applicant then received ammunition from Pilane. After receiving firearms and ammunition the Applicants and three others went to the office of Mr Makhathini at the Clermont taxi rank. 1st Applicant took the firearm. The two Applicants went into the office while others stood outside. When he spoke to second Applicant, asking what they wanted, 1st Applicant shot Mr Makhathini twice. He died as a result. They then left the scene and again the operation was reported to Pilane.

Chief Jamile, Chief Khawula and Chief Lushaba were said to be members of the IFP. Chief Jamile was also a member of Parliament in the KwaZulu government. One night at a shebeen, first Applicant was called by two persons because of his popularity in the area. They said they were members of Umkhonto weSizwe. (MK). They mentioned the names of a few others who had also left to join MK. They said the 1st Applicant should go and join MK.

He said that the youth were still being killed and that he could not leave. He suggested then that he be given explosives if they were members of MK. They met at the planned place. He was given a handgrenade and left.

He looked for Jamile. He said that he used muti to find him as he had difficulty locating him. First Applicant then saw him one day. He waited for him to come by. He only saw Mr Jamile in his motor vehicle. He could not see others in the motor vehicle because of the tinted windows. He later learnt that there were other occupants in the motor vehicle. They were Chiefs Khawula and Lushaba. After his arrest, 1st Applicant escaped from lawful custody in 1990 when he was at the High Court, Durban. Later he was shot and arrested and held at the Kind Edmund Hospital under police guard. He again escaped from there. He escaped, he explained, because he did not believe in the apartheid laws and did not respect these.

In respect of the attempted murders of Chiefs Khawula and Lushaba, 1st Applicant did not know they were in the motor vehicle and therefore could not have had the intention to commit any crime in that regard.

The Applicants have fulfilled the formalities of the Act.

Save for the offences in relation to Chiefs Khawula and Lushaba, the Committee is satisfied that the offences related to these applications were committed within the political ambit in which the Applicants found themselves at the time. The Committee is also satisfied that they have made full disclosure of the facts related to the commission of all the incidents for which amnesty is sought by the respective Applicants.

In the result, the Committee is satisfied that the Applicants have complied with the requirements of the Act and are GRANTED amnesty as follows:

1. ZAMOKUHLE MADALA MNYANDU: In respect of all delicts and offences flowing from the incident related to the murders of Mr Makhathini and Mr Maphumulo as well as the robbery of Mr Maphumulo; the attempted murder of Mr Jamile and the unlawful possession of firearms and ammunition and the unlawful possession of a handgrenade.

2. JABULANI WISEMAN MZIMELA: In respect of all delicts and offences flowing from the incidents related to the murders of Mr Makhathini and the murder and robbery of Mr Maphumulo, and the unlawful possession of firearms and ammunition.

The following are in the opinion of the Committee victims as envisaged by the Act and these matters are referred to the Reparation and Rehabilitation Committee for attention:

1. Nokwazi Makhathini.

2. Constance Makhathini.

SIGNED AT CAPE TOWN THIS THE 28TH DAY OF MARCH 2001

JUDGE R PILLAY

ADV F BOSMAN

MR JB SIBANYONI

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