27 JANAURY 2000
Amnesty Decisions
The Amnesty Committee has this week granted amnesty to four ANC members whilst refusing one, in respect of amnesty applications heard in KwaZulu Natal last year. Linda Geoffrey Xaba has been granted amnesty for the murder of Mr. S.
Baxter, unlawful possession of firearm and ammunition committed on 3 November 1993, in or near Mr. Alyff in the Transkei. Xaba testified that he is an MK cadre trained in Cuba, Angola and Tamzania. Originally from KwaZulu Natal, he went to settle in Mt. Alyff, after returning to South Africa in 1992. Tasked by the ANC in the region to teach rural people about voting, Xaba discovered that Mr. Baxter has misinformed the people into believing that they should put a cross next to a person by don't want, in other words; Mr. De Klerk. Attempts to rectify this misinformation were futile and this problem was viewed seriously by the ANC. The deceased was perceived as a government agent or spy; as a result the applicant in his capacity as an MK cadre decided on his own to kill him. He shot him five times at the roadside where the deceased was selling milk from his truck.
In granting amnesty the Committee, accepted that the applicant acted in order to safeguard persons from being denied their right to vote. It also found that his act was confined to the killing of the deceased and no innocent bystanders were killed or injured. His act was also confined to the elimination of an obstruction in the election process.
Also granted amnesty is Thandinkosi Petros Sosibo. The application arose out of an incident on the 7th August 1986 at "M" section, Umlazi, when a group of youths including the applicant, attracked and killed Themba Cele and seriously injuring Nkosinyani Lubanyana. The deceased operated a business of selling liquor in Umlazi township which he used to deliver to his customers assisted by Lubanyana. On one occasion R500 was taken from the vehicle during delivery. This was reported to the police who were taken to the place where the deceased has seen the suspects. As a result a confrontation ensued between the police and the youths, Nkosinathi Cele was shot dead.
After considering the evidence of the applicant the Committee was satisfied that the applicant and his companions honestly believed that the deceased was working with the police against the UDF supporters and had caused the death of Nkosinathi, a UDF supporter, by pointing him out to the police. Also significant in his evidence was the fact that there was unrest in the Umlazi area, and more particularly in the "M" area where the deceased was killed. The Committee further accept that the applicant has given a full disclosure of the relevant facts and has complied with the requirements of the Act.
Amnesty has also been granted to Bhekisisa Nkwenyana and Khetha Khuzwayo in respect of the murder of Eliakim Makhosi Mthembu, attempted murder of Amon Sibiya, unlawful possession of one AK 47 assault rifle, three Makarov pistols and unlawful possession of ammunition, committed on the 3rd May 1994 at/near the kraal of mandlankosi Sibiya, in the Mankwanyanei Reserve, eMpangeni KwaZulu Natal. According to the evidence, the Makwanyeni Reserve was experiencing a violent political conflict involving members and supporters of the ANC and IFP. Mpilo Khuzway (2nd applicant) was a trained ANC member who returned from exile in 1992. Because of the political conflict he was compelled to flee his home and moved to the Esikhaweni area, from where he operated as a commander of the ANC. His commander Shadrack Mdlatshe who was also the ANC chairman in the area gave him the hitlist of people who were destabilising the ANC election campaign in the area, who on that basis had to be eliminated. The names of both Sibiya and the deceased were on the list. On the 3rd may 1994, Khuzwayo with a group of men he had selected went to execute the plan to attack. The first applicant was not part of the group but fully supported the attack. Having fully considered the matter in all the circumstances the Committee is satisfied that the application complied with all the requirements of the Act.
Meanwhile, amnesty has been refused to Vivian Bhaniya Ngcobo for the murder of Bhekithemba Shandu and Mbuyiselwa Mbokazi, unlawful possession of a firearm as well as unlawful possession of ammunition. On March 22 1994, in the Ngonyameni area in KwaZulu Natal, a meeting was called to resolve a taxi conflict in the area. The deceased Mbokazi was a local "Induna" and Shandu a peace monitor and both were to address the meeting. At the meeting as the people were still arriving and gathering, the applicant saw Mbokazi in the company of a man he had not seen before and it later transpired that the man was Shandu. Without any provocation he immediately fired two shots at Mbokazi and one at Shandu. Thereafter other ANC supporters fired, killing both Mbokazi and Shandu. Their bodies were found lying in an open space the next day. Police investigation revealed that their pockets had been searched and some personal items were taken. The vehicle in which Shandu traveled to attend the meeting was found torched and abandoned.
The Committee found that in his evidence the applicants credibility was very unsatisfactory in an number of respects and was not being truthful. Also the attack was found to be totally unjustified, and on the contrary the applicant was the one to start the violence.
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