Decisions

DECISION

This is an application for amnesty in terms of the provisions of Section 18 of the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 ("the Act").  Applicant had applied for amnesty in respect of a number of incidents which had all been finalised save for the present incident, which is being dealt with in chambers.  Applicant's personal circumstances and his activities as a member of the security branch of the former South African Police had been fully canvassed in the matters already finalised and no useful purpose would be served by repeating the same herein.

The present decision deals with an incident which occurred during or about the period 1988 - 1989.  At the time, some of Applicant's sources in the Transkeian Police indicated that two of their colleagues had been detained in connection with an incident during which one Stembile Zokwe, a member of the South African Congress of Trade Unions, was killed.  Indications were that the detained police officers were being victimised and it was later brought to Applicant's attention that they returned to South Africa after they had managed to escape from custody.  Applicant subsequently arranged for the two persons to be transported to Pretoria where they were employed by the South African Defence Force.

Having considered the matter, we are not satisfied that Applicant's conduct constitutes an offence or delict.  The application accordingly does not comply with the requirements of the Act.  In the circumstances, amnesty is REFUSED.

DATED AT CAPE TOWN THIS    DAY OF                2001.

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