Amnesty Hearings — Johannesburg — 1999-02-11

CHAIRPERSON: Towards the end of the 1980's South Africa entered a new phase in it's history.  It was the beginning of a democracy that we are still trying to shake even today.  With these changes we saw a phenomenon that is not unusual with the dawn of a new political dispensation.  In particular, there was highlighted incidents or heightened incidences of violence which was eventually clearly identifiable with political differences that we have in South Africa.  In our view this was not a difficult phenomenon to develop because of the political violence that existed prior to the changes.  However, the focal issues changed and the violence in the early 1990's escalated in areas formerly reserved for the so-called African people.  As a result thereof, the African National Congress structured the mechanism of defending it's membership in those areas and the residents in general who lived in those areas, these mechanisms were designed to defend those people from attacks by other groupings.  It was explained that it was necessary to establish what is now known as self defence units because and in particular the police were not helping to resolve the situation at all.  The area of Tokoza was no exception and essentially, the battles developed between members of the ANC and it's allies on the one hand and Inkatha Freedom Party and it's allies on the other.
	The core of the fight was political power of the area which included for tactical purposes the establishment of territorial divisions within the same locality and to assert a national image to some extent.  This led to attacks against each other and the so called protection of the areas so demarcated as belonging to a particular political party.  In these cases the ANC and the IFP while it was the essential purpose of the SDU to defend the areas and people, matters developed with time to such an extent that it included full scale political wars in which members of the different political parties attacked each other.  It included the distruction of most if not all the machinery employed to interfere with the functions of the ANC and so forth, for example the killing of the opposition membership in particular informers and people involved in assisting the apartheid machinery.  Therefore it was no longer the question of waiting for an attack but rather at times to use aggressive force to obtain political objectives.  The self defence unit's operations were conducted almost in a kwasi-military style in which commanders were appointed to oversee operations.  These commanders seem to have had overwhelmingly huge powers and perogatives bestowed upon them.  
	Section 20 of Act 34 of 1995 as amended and I will refer to it as the act whereafter prescribes that amnesty shall be granted provided that the act or offence or ommission to which the application relates is associated with a political objective committed in the course of the conflicts of the past.  Furthermore, that full disclosure regarding the activities to which the application relates must be made and furtherly that this Act and it's requirements must have been complied with.
	Hereunder the intent to deal with the number of applications which fall within the ambit of what is set out above, it must be added though that a few of the applications to be dealt with below fall ostensibly within the context of the political scenario but do not comply with the requirements of the Act.  We deal with each application in turn.
	VUSI MBATHA, this applicant applies for amnesty in respect of the crimes of murder of Bheki Khanyile.  He joined the SDU at Tokoza in 1992 under the command of Victor Wanda Mabaso alias Mkumuzulu.  He says that the deceased ferried members of the IFP to commit offences in taxis.  He was also a member of the IFP.  The decision to kill the deceased had already been taken by December 1993.  During that month, the applicant attended a gathering where the deceased was being questioned by approximately 50 members of the local SDU.  He took a firearm, namely an AK47 when the deceased was being marched to the veld near the local school.  There the applicant amongst others shot the deceased.  He gave the firearm to Mswaki Buthelezi thereafter.  The deceased died as a result of the gunshot wounds.  Three of the deceased family members submitted affidavits denying that the deceased was a member of the IFP and that he transported IFP members.  They allege that the deceased's death was related to a private dispute between the deceased and some other person who was friendly with the applicant and his SDU colleagues.  The allegations are however not tested and little if any value can be attached to them.  In the circumstances, we are of the view that the applicant has complied with the Act and AMNESTY  in respect of the murder of Bheki Khanyile and any incidental offences related thereto IS GRANTED.   
	Sotole Khanyile is declared a victim and his matter is referred to the reparation and rehabilitation department for consideration. 
	VICTOR WANDA MABASO, alias Machacho, identification number 760210633087.  This applicant applies for amnesty in respect of the murder or murders of Steven Radebe, Bheki Khanyile and for the unlawful possession of firearms used in such murders together with the ammunition.  The applicant was the commander of the SDU and joined it in 1991.  This was in the Section Tambo Slovo area of Tokoza.  The applicant believed that Steven Radebe was a member of the IFP and provided information to the IFP in order to enhance their cause against the ANC.  He witnessed Radebe committing various offences and involving himself with IFP activities.  He says that the deceased was also a member of the IFP brigade.  
	The applicant testified that the IFP continuously approached him to join their ranks.  He believed that it was Radebe the deceased who had suggested and given information to the IFP about his abilities and hence the approach to become a member.  In December 1993 Radebe was caught and questioned about his IFP activities.  The applicant states that Radebe admitted such activities and this being so, there was no alternative but to take his life.  The applicant in fact gave such an order accordingly and also personally participated in such killing.  It occurred near a school in the area.  A firearm used to shoot Radebe was a pump gun which he unlawfully possessed.  On the same date Bheki Khanyile was also caught and admitted to participating in activities which enhanced the position of the IFP as against the interests of the ANC.  Similiarly, Khanyile was taken to the veld near a school where he was shot with an unlicenced firearm, namely an AK47.  
	The applicant hereto gave the order for his killing and also personally participated therein.  As already stated, the affidavits deposed to by Khanyile family members are not helpful in the circumstances.  Accordingly we are satisfied that the applicant has complied with the requirements of the Act and AMNESTY IS THEREFORE GRANTED in respect of the murders of Steven Radebe and Bheki Khanyile.  AMNESTY IS FURTHER GRANTED in respect of unlawful possession of the pump gun and ammunition used in the killing of Steven Radebe and furthermore AMNESTY IS GRANTED in respect of the firearm, namely an AK47 together with the ammunition used in the killing of Bheki Khanyile.

ADV STEENKAMP: Mr Chairman, I have to check on that but I'm sure it was Esther, if I'm not mistaken.  I think it was Esther, Mr Chairman.