Issued by: Truth and Reconciliation Commission
February 7, 1997
NEWS RELEASE ON AMNESTY DECISIONS
(The following summary of the applications, and the main points of the decisions and reasons therefor, is given purely to assist those journalists needing a quick initial summary of the applications and is not a binding document with any legal status.)
The Truth and Reconciliation announces the granting of amnesty to two applicants who appeared at a hearing in Potchefstroom last year, the refusal of amnesty to one applicant, and the granting of amnesty to two applicants in respect of only one of the actions covered by their application.
The Commission's Amnesty Committee has also granted amnesty to a person who attempted to commit arson and malicious damage to property in Port Elizabeth.
Details of the cases follow:
1. The murder of David Mayeko and the attempted murder to two others: One amnesty granted; one refused
Johnson Themba Ncube, 25, and Mpayipheli William Faltein, 23, members of the Self-Defence Unit in Khutsong, Carletonville, and of the ANC Youth League, applied for amnesty for murdering Mr Mayeko and attempting to murder Mr David Maseko and one Sgotlo, all members of a vigilante group in the township, in December 1990. The applicants were serving effective 12-year prison terms.
Giving reasons for its decision in the case of Ncube, the Amnesty Committee noted, inter alia, that "the deceased was a prominent member of [a]... vigilante group, which inhibited political activity on the part of the applicant's organisation."
The Committee said when Ncube and Faltein walked past a home in Khutsong in December 1990, Mayeko, Maseko and Sgotlo "... came out of the house and, we were told, the deceased threatened to shoot the applicant (Ncube) and his friend. He (Mayeko) gave chase to them and some distance from the said house, the applicant turned and shot him dead."
The Committee said: "The aim of the activities of the group to which the three victims belonged was to, and did in fact, inhibit free political activity on the part of the ANCYL in Khutsong.
"In the light of the aforegoing, we are of the view that the applicant's acts in killing David Mayeko, attempting to kill Sgotlo and David Maseko were all acts associated with a political objective." Ncube was granted amnesty.
However, the Committee said of Faltein: "In his evidence before us, the applicant repeatedly stated that he had nothing to do with either the murder or the two attempts."
The Committee noted that the Promotion of National Unity and Reconciliation Act stipulated if amnesty was to be granted, it should have been "advised, planned, directed, commanded, ordered or committed.... by" an applicant.
It said Faltein "totally distanced himself in every respect from these offences..." and, on the attempted murder charges, he also failed to meet the requirement of the law that he should make "a full disclosure of all relevant facts". He was refused amnesty.
2. The murder of Nzimeni Abednego Mazwi and the attempted murder of Charles Mhlabiso: One amnesty granted, two granted in respect of only one action
Mosiwa Meshack Popane, 29, Dlanjiwa Gcinisizwe, 26, and Thamsanqa Patrick Mkontwana, 25, were convicted of killing Mr Mazwi and attempting to murder Mr Mhlabiso at the Khuma taxi rank, Stilfontein, in October 1990. The three, members of the SA Youth Congress and the ANC Youth League or the ANC, were sentenced to terms of imprisonment ranging from eight to 12 years for murder and attempted murder.
The Committee noted that the two victims were originally members of SAYCO, but ideological differences emerged after the unbanning of political organisations in 1990. It added: "The deceased's group later became known as Khutsong Youth Congress. The perception grew that Khuyoco had been infiltrated by the security police using it against other groups."
After reviewing the evidence, the Committee said: "Given the above facts, the conflict was clearly political and the two acts were associated with a political objective."
It said of Popane: "The applicant admitted participating in the murder... With regard to the attempted murder, the applicant says he personally also stoned the victim." It granted him amnesty in respect of both actions.
However, it said of Gcinisizwe: "The applicant says he regards himself as guilty of the murder as he did not use his position to intervene and save the deceased. Otherwise he did not, according to him, take part in the killing of the deceased." The Committee found that, on his own evidence, he did not advise, plan, direct, command, order or commit the murder. He was refused amnesty in respect of the murder.
Of Mkontwana, the Committee said: "... the applicant states categorically that he had nothing to do with the murder. Asked why he thinks he was convicted, he says it was simply because he was a leader...." It added later: "... the fact of the matter is that the applicant cannot be considered for amnesty in respect of an offence from which he totally distances himself."
The latter two applicants were, however, granted amnesty in respect of the attempted murder charge.
3. Attempting to ignite diesel fuel at Port Elizabeth Technikon Richard Joseph John Crowe, 41, was granted amnesty in respect of the following offences:
- Attempted arson relating to a studio of art and design of the Port Elizabeth Technikon, by attempting to ignite a 44-gallon drum of diesel oil during the latter half of 1986; and
- An attempt to cause malicious damage to property at the studio in the same period.
The offences did not involve a gross human rights violation, as defined in the Act, so no public hearing was necessary before the amnesty was granted.
(THE FULL TEXTS OF THE REASONS FOR DECISIONS ON APPLICATIONS WHERE THERE WERE PUBLIC HEARINGS ARE ATTACHED TO THE PHOTOCOPIED TEXTS OF THIS STATEMENT AND JOURNALISTS ARE URGED TO REFER TO THEM FOR THE DETAIL. FAXED COPIES OF THE REASONS ARE AVAILABLE ON REQUEST TO JOURNALISTS OUTSIDE CAPE TOWN.)