DECISION
This is an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act No. 34 of 1995 ("the Act").
The applicant is Christo Nel ("Nel") who was at all material times a member of the South African Police, based at the Durban offices of the security branch at the then C.R. Swart Square.
He has applied for amnesty for his role in the torture of Yunis Shaik ("Shaik") during the latter's detention in July 1985 in terms of section 29 of Act 74 of 1982. Shaik and other members of his family had been detained for questioning in connection with ANC activities.
Nel testified in support of his application. He said that he had received instructions to fetch Shaik from the cells at C.R. Swart Square where he was being detained and to take him to offices of the security branch in the same building for interrogation.
During the interrogation, Shaik was tortured and Nel was instructed assist by holding one of Shaik's arms during such torture. Nel was the only witness during the hearing.
Shaik was present at the hearing and represented himself. He made a statement in which he detailed the consequences both to himself and his family of the detentions. He indicated that he was not opposing the application and confirmed Nel's account as being a full disclosure of what had transpired.
A person implicated by Nel in his application filed an affidavit denying his involvement in the instance. However, both Nel and Shaik place him one the scene.
We are satisfied that Nel has made a full disclosure of all relevant facts and that he acted upon the orders of a senior officer. We are thus satisfied that the applicant has satisfied the requirements of section 20(1) of the Act.
In the result, amnesty is GRANTED in respect of all acts, omissions or offences, including delicts, arising from or in connection with the applicant's role in the torture of Yunis Shaik during 1985, at C.R. Swart Square, Durban.
The Amnesty Committee is of the opinion that Yunis Shaik is a victim as defined in the Act and he is accordingly referred to the Committee on Reparation and Rehabilitation for consideration as such, in terms of Section 26 of the Act.
DATED AT
: THIS
: DAY OF
: 2000.
JUDGE A WILSON
ADV F BOSMAN
MR I LAX
