DECISION
The applicant applies for amnesty in respect of the torture of Mr Thethinene Joe Jordan on 2 September 1985 at the Duncan Village police station, East London.
During 1985 the applicant was a Sergeant in the South African Police attached to the Criminal Investigation Department (the CID) and stationed at Fleet Street, East London.
On 2 September 1985 the applicant and two of his colleagues, Warrant Officer Ivan Höll and Sergeant James Hartley were doing investigative work in the Mooiplaas area. They returned to their Fleet Street office in the evening and the applicant was given a docket relating to Mr T J Jordan who had been arrested earlier that day and who was being detained in the cells at the Duncan Village police station.
At that time there was a great deal of political violence taking place in Duncan Village. Riots were common place and commercial vehicles entering into the area were stoned and damaged. Mr Jordan had been arrested in Duncan Village on a charge of public violence.
The applicant, together with the said Höll and Hartley then proceeded to the Duncan Village police station in order to interrogate him about his political activities. They took Mr Jordan from the cells to an office where they started to question him. They were not satisfied with the answers they received. They then commenced to assault and torture him. He was made to lie on the floor. Höll sat on his back and hit him with his bare hands on the back of the head while the applicant repeatedly hit him on the soles of his bare feet with a stick. Höll then produced an electric shock device which he had in the boot of his car. Electric shocks were then administered to Mr Jordan's legs and private parts. Mr Jordan was then returned to the cells and the applicant and his two colleagues then left the Duncan Village police station.
The applicant played no further role in the investigation of the charge against Mr Jordan as the docket was transferred to the Security Branch of the police for further investigation.
The applicant stated at the hearing of this matter that he willingly participated in the torture of Mr Jordan as Mr Jordan was suspected of being a member of the African National Congress, which was then a banned organisation, and that he, the applicant, was committed, as a policeman faithful to the government of the day, to do his utmost to combat the political violence.
Mr Jordan does not oppose the applicant's application for amnesty. He and the applicant have reconciled their differences and are now friends.
We are satisfied that the applicant has made a full disclosure of all relevant facts. We are also satisfied that the applicant's participation in the torture of Mr Jordan was an act committed with a political objective as envisaged by the provisions of section 20 of the Promotion of National Unity and Reconciliation Act, No34 of 1995.
The application therefore succeeds and the applicant is GRANTED amnesty in respect of the role played by him in the torture of Mr Thethinene Joe Jordan on 2 September 1985 at the Duncan Village police station.
We are of the opinion that Mr T J Jordan is a victim and this matter is referred to the Committee on Reparation and Rehabilitation for consideration.
DATED AT
: THIS
: DAY OF
: 2000
JUDGE A WILSON
JUDGE S MILLER
JUDGE N J MOTATA
