decisions AMNESTY DECISIONS MPHATHISWA GODRATIUS MALUNGA AM 6537/97 GRANTED https://sabctrc.saha.org.za/hearing.php?id=59099&t=&tab=hearings https://sabctrc.saha.org.za/originals/decisions/2000/ac200074.htm 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. 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 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