Issued by: Truth and Reconciliation Commission
At least 18 people across the political spectrum have been granted amnesty and five others refused by the Amnesty Committee of the Truth and Reconciliation Commission. They were applying for amnesty for crimes ranging from murder, conspiracy to murder, sabotage to illegal possession of arms and explosives committed shortly before the 1994 elections.
Among those granted amnesty is an Inkatha Freedom Party member Boy Vusimuzi Gwamanda who applied for amnesty for the 1990 conspiracy to kill Mpumalanga Premier Mr Matthews Phosa and for embarking on sporadic shooting spree in the then strife-torn Ndwendwe district near Durban in 1993. Gwamanda testified at his amnesty hearing that he was ordered by Mr Dingizwa Mfayela, an IFP leader at Ndwendwe to embark on a shooting spree in the area targeting African National Congress supporters.
Announcing its decision, the Committee said:" Little is known of the conspiracy to assassinate Mr Phosa, but taking into account (his) high political profile, the only reasonable inference that can be drawn is that the conspiracy had a political objective. ( Gwamanda) was manipulated and used by the prison's authorities who were involved in the conspiracy.
"We are of the opinion that the applicant was not part of the conspiracy merely for personal gain, but that he was being used by the conspirators to effect their plan and as such was an agent of the conspirators".
The Committee also said while Gwamanda was not a satisfactory witness, it was of the view that he had made full disclosure of all the relevant facts as required by the laws governing the TRC. " There is no reason why (he) should present false testimony. He has not been arrested, charged or convicted in respect of any of the incidents and it is his evidence that has brought these incidents to light. He (was also) subjected to cross examination by the legal representatives of various implicated persons as well as the legal representative of Mr Phosa," the Committee said.
Other people granted amnesty include two members of the Afrikaners Weerstandsbewiging (AWB) Pieter Magiel Breytenbach and De Wet Johann Strydom for the murder of Mr Kleinbooi Ramolla near Bultfontein in 1994 and for sabotage, former ANC's armed wing Umkhonto weSizwe member Philane Zondi for the murder of an IFP supporter Sihle Makhapheni Mpanza at Empangeni in 1994, two members of the former Pan Africanist Congress's armed wing African People's Liberation Army (Apla) Mangaliseni Bhani for the murder of Mr Joao Manuel Jardim in Randfontein in 1994 and Mduduzi Cyril Ngema for the murder of Mr John Khanyile at Umlazi and Mr Christopher Nhlanhla Myeza near the University of Durban Westville in 1992 respectively, Ntsikelelo Jackson Zwayi for the 1994 murder near Swartkopies Road in Alberton,.
John Fanyana Mndebele, Sipho Silas Nkonyana, Nicholas Mfundisis Zwane, Jabu Mkhwanazi, Mzwandile Gushu, Paulos Pistol Nkonyane, David Elvis Majola, Mandlenkosi Enoch Mnisi, Mpumelelo Livingstone Lukhele, Bongani Sibusiso Khaba and Lucky Petros Mbokane all members of the ANC who were applying for amnesty for murder and attempted murder of Black Cats and IFP members at Wesselton near Ermelo between 1990 and 1993. At least 17 people were killed and scores of others injured in the conflict between the Black Cats and IFP supporters.
The committee said :" Having regard to the motives for the attacks, the context in which they occurred, in particular, the fact that the attacks were directed against political opponents who had the actual or perceived support of the police, we are satisfied that the applicants are entitled to amnesty. It is clear that some of the victims were caught up in the cross fire and we accept that the attacks were mainly directed against those who were responsible for the violence."
Those refused amnesty are Phakamile Cishe and Kwanele Msizi who murdered two policemen and an alleged informer in Zwide Township, Port Elizabeth in 1990, Nkosinathi Emmanuel Ntuli who murdered Mr Nhlanhla Msane at Kwa Makutha in 1991, Pelele Lawrence Shongwe for the murder of Mr Ernest Malele in Ermelo in 1994. However, Shongwe has been granted amnesty for the 1993 murder of Mr Bongani Malinga in the town. Petros Bhekinkosi Mthalane has also been refused amnesty for the murder of Mr Clement Mxolisi Mchunu near Ixopo in 1993.
The Committee recommended to the Commission's Reparation and Rehabilitation Committee that the dependants of the deceased and those who were injured in the attacks should be considered for compensation and relief as laid down in the law that governs the TRC.
Media inquiries: Mdu Lembede, 082 458 8464
The full text of the respective amnesty decisions, is available on request from Vuyani Green or Ruth Faragher on 021-245 161.