Decisions

DECISION

The Applicant previously appeared at a public hearing in respect of an incident which is related to the one forming the subject matter of this decision.  Applicant's background and personal circumstances were fully canvassed at that hearing.  It suffices for present purposes to indicate that the Applicant was at all material times a member of the Security Branch of the then South African Police who participated in various Security Police operations.  The present application relates to the death of Dr and Mrs Ribeiro in Pretoria during 1986.  Applicant was not personally or directly involved in any way in the killings.  Certain information subsequently came to his attention regarding the possible involvement of the security forces in the matter.  Applicant neglected to report the information as he was obliged to do in his capacity as a police officer.

Having considered the matter, we are satisfied that Applicant's neglect in this regard fell within the scope of the modus operandi followed by the police at the time in their political struggle against members or supporters of the liberation movements.  We are accordingly satisfied that Applicant's neglect constitutes an act associated with a political objective as envisaged by the Act and that the application complies with all of the other requirements of the Act.  In the circumstances amnesty is hereby GRANTED to the Applicant in respect of all offences arising from his failure to report the relevant information within his knowledge concerning the killing of Dr and Mrs Ribeiro at Pretoria during 1986.

DATED AT CAPE TOWN THIS 8TH DAY OF MAY 2001

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