Duma Kumalo

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Duma Joshua Kumalo (died 3 February 2006) was a South African human rights activist and one of the Sharpeville Six. He was condemned to death under the 1984 law of "common purpose", which allowed a person to be convicted for having been in the vicinity of an offence, without personally committing it. In 1988, he received a stay of execution the day before sentence was to be carried out. Following his release from jail in 1991, Kumalo became involved in many human rights activities, including discussions about the Truth and Reconciliation Commission and work with Amnesty International. He was a founder member of the Khulumani Support Group for victims of apartheid-related violence. [1]

The Sharpeville Six were six South African protesters convicted of the murder of Deputy Mayor of Sharpeville, Kuzwayo Jacob Dlamini, and sentenced to death.

The doctrine of common purpose, common design, joint enterprise, or joint criminal enterprise is a common-law legal doctrine that imputes criminal liability to the participants in a criminal enterprise for all that results from that enterprise. A common application of the rule is to impute criminal liability for wounding a person to participants in a riot who knew, or were reckless as to knowing, that one of their number had a knife and might use it, despite the fact that the other participants did not have knives themselves. In England and Wales and certain other Commonwealth countries, this was the understanding of the courts until February 2016, when the Supreme Court of the United Kingdom and the Judicial Committee of the Privy Council jointly ruled in R v Jogee that it was wrong, and that nothing less than intent to assist the crime would do.

The Truth and Reconciliation Commission (TRC) was a court-like restorative justice body assembled in South Africa after the end of apartheid. Witnesses who were identified as victims of gross human rights violations were invited to give statements about their experiences, and some were selected for public hearings. Perpetrators of violence could also give testimony and request amnesty from both civil and criminal prosecution.

Contents

Kumalo also became involved in theatre and film projects as a way of telling his story and engaging others with human rights issues. His play The Story I Am About To Tell enjoyed huge success, running in South Africa and internationally for five years.

Works

Theatre

Video

Miscellaneous

Kumalo also contributed to Zulu Love Letter , by Ramadan Suleman and Bheki Pieterson.

Zulu Love Letter is a 2004 film.

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References

  1. Kesselring, Rita (2017). Bodies of Truth: law, memory and emancipation in post-apartheid South Africa. Stanford University Press.
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