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Matter AM5460/97

Decision GRANTED


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 all of which had already been finalised save for the present decision which is being considered in chambers. Applicant's personal circumstances and his activities as a member of the security branch of the former South African Police are full documented in the matters already finalised and will not be repeated herein.

The incident forming the subject matter of the present decision occurred after Applicant had joined the security branch during 1986.  Applicant is unable to recall the exact date of the incident.  The relevant circumstances basically are that Applicant and a group of his colleagues in the security branch arrested one Scheepers Morudi, in Mamelodi in connection with various offences which he allegedly committed.  Mr Morudi was subsequently detained and questioned by the Police.  At some stage during the questioning, Applicant assaulted Mr Morudi with the fists.  At some stage during the questioning, Applicant assaulted Mr Morudi with the fists.  Indications are that Mr Morudi did not sustain any serious injuries as a result of this assault.  The objective of the actions taken against Mr Morudi was to obtain his cooperation with the security branch and he was eventually persuaded to become a Police informer.

Having considered the matter, we are satisfied that the incident constitutes an act associated with a political objective and that the application complies with all the other requirements of the Act.  In the circumstances, amnesty is hereby GRANTED to the Applicant in respect of all offences directly resulting from an assault on Scheepers Morudi, as specified above.

DATED AT CAPE TOWN THIS    DAY OF                2001.






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