EXTERNAL (for general distribution) AI Index: AFR 53/28/92
16 November 1992
Further information on EXTRA 94/92 (AFR 53/26/92, 5 November 1992) - Death
South Africa (Bophuthatswana): Stephen MASHININI, aged 42
Samuel MNISI, aged 30
Jonathan MOLEMA, aged 30
Stephen Mashinini, Samuel Mnisi and Jonathan Molema, who were due to be executed
on 17 November 1992, were granted a 90-day stay of execution on Friday 13 November
after an urgent hearing in the Supreme Court in Mmabatho, the administrative
capital in the nominally-independent "homeland" of Bophuthatswana.
The court granted the stay of execution on the basis that the three men had
not yet exhausted all the legal remedies available to them. Jonathan Molema
and Samuel Mnisi had not had the opportunity to submit petitions for clemency.
Regarding Stephen Mashinini, the Supreme Court agreed that there had been
an irregularity in the appeal court's handling of his case and that additional
mitigating evidence still needed to be considered.
FURTHER RECOMMENDED ACTION: Please send telegrams/telexes/faxes/express and
airmail letters in English or your own language:
- welcoming the fact that stays of executions have been granted in the cases
of Stephen Mashinini, Samuel Mnisi and Jonathan Molema;
- urging the authorities to commute the sentences of all persons currently
under sentence of death;
- urging the authorities to adhere to a moratorium on executions, at the very
least until agreement is reached in constitutional negotiations in South Africa;
- stressing Amnesty International's opposition to the death penalty in all
cases, as a violation of the right to life and the right not to be subjected
to cruel, inhuman and degrading punishment, as proclaimed in the Universal
Declaration of Human Rights.
1) Mr F W de Klerk Salutation: Dear President
State president's Office