The applicant applies for amnesty in terms of Section 18 of Act 34 of 1995. He was convicted of the offence of assault with intent to do grievous bodily harm in respect of Brigadier Sibanda, Mrs Nomoyi and Miss Maqoma and sentenced to seven years' imprisonment.

Although he was not charged with the offence of crimen injuria on Miss Msuthwana, he nevertheless seeks amnesty for that offence.

He advanced the following reasons for doing so: "I was present for a while during the torture and I feel a compulsion of conscience to confess my participation and guilt in relation thereto."

He too, was a member of the Elite Unit and the offences for which he was convicted were committed in the circumstances set out in our decision on the application for amnesty by Kwanele Thoba (application 77/96). For reasons set out in that decision, he is GRANTED AMNESTY in respect of the crimes of assault with intent to do grievous bodily harm on Brigadier Sibanda, Mrs Nomoyi and Miss Maqoma. He is REFUSED AMNESTY in respect of the offence of crimen injuria of Miss Msuthwana.

(Signed)

JUDGE H.E. MALL:

JUDGE A. WILSON:

MS S. KHAMPEPE:

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