By MSINDISI FENGU
OUTRAGED family members of an Eastern Cape police officer who was gunned down by a prison escapee have expressed disgust at the murderer's application to President Jacob Zuma for a pardon.
What has incensed the family of Monwabisi Gwangqa even more is the fact that Xolisile Vena is trying to portray the killing as a political act – to gain freedom under a decree made by former President Thabo Mbeki.
"He never showed any remorse. He is a ruthless killer and that was a pure criminal offence and had nothing to do with politics," Gwangqa's widow, Nomsa Magopheni Gwangqa, said this week.
Gwangqa's family learned about Vena's application after the Department of Justice and Constitutional Development (DJCD) this month published a list of prisoners who had applied for presidential pardons.
His family has indicated that they would object to Vena's application.
According to the DJCD, Vena – a former Pan Africanist Congress (PAC) cadre – applied for pardon for two counts of murder, attempted murder, and two counts of possession of an unlicensed firearm and ammunition. He has served 10 years of his life term for killing Gwangqa, who was a police officer in Mdantsane.
Vena made use of the dispensation announced by former President Thabo Mbeki in November 2007 to grant prisoners who had allegedly committed political offences before June 16, 1999, an opportunity to apply.
The Centre for the Study of Violence and Reconciliation (CSVR) told the Saturday Dispatch that Vena's matter was a criminal offence and not political.
As a result, the CSVR said it would now use the Promotion of Access to Information Act to force the DJCD to make public information on documents that were used by the Pardons Reference Group (PRG), which made recommendations for pardons to Zuma, to determine whether all the pardon applications were political.
Vena shot Gwangqa five times with a 38special revolver at point-blank range on the upper body inside holding cells at the Mdantsane Magistrate's Court in April, 1999. He then shot and injured another police officer, who was on guard, before he escaped with 18 other awaiting-trial prisoners. After a couple of days he was re-arrested.
He was later sentenced in the Bhisho High Court to life imprisonment for murder, 20 years for attempted murder, seven years for the illegal possession of a firearm and one year for the illegal possession of ammunition. The sentences were set to run concurrently.
Magopheni Gwangqa said she was shocked to learn that her husband's killer was among prisoners asking for pardon from Zuma.
She said their daughter Lwandisa was only 11 months old when her father was killed.
"She doesn't even know her father."
Family spokesperson Mobby Hogana said they were still in the dark about Vena's motive.
Hogana said Gwangqa was shot while he was doing a "roll call" to transport prisoners from Mdantsane Magistrate's Court to the West Bank Prison.
Chief director of communication in the Presidency Zanele Mngadi said Zuma would decide on pardons based on the regulations of the DJCD.
PAC provincial chairperson Mzwanele Nyhontso confirmed that Vena was their comrade.
"People think the operations of Apla (the PAC military wing) were criminal … of course his family would say it was criminal but it is for Zuma and PRG to decide," Nyhontso said.
CSVR is a multi-disciplinary institute that seeks to understand and prevent violence, heal its effects and build sustainable peace at the community, national and regional levels.
