AC/2001/195

TRUTH AND RECONCILIATION COMMISSION

AMNESTY COMMITTEE

APPLICATION IN TERMS OF SECTION 18 OF THE PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT, NO.34 OF 1995.

W F SCHOON APPLICANT

(AM 4396/96)

DECISION

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 applies for amnesty in respect of the offence of defeating the ends of justice arising out of the abduction of Mr Joe Pillay, a suspected African National Congress ("ANC") activist, by Captain Dirk Coetzee without any authorisation. The matter is unopposed and the salient facts can be stated briefly as follows.

Mr Pillay and his brother were suspected of having assisted ANC activists to enter South Africa from Swaziland. On 19 February 1981, Mr Pillay was abducted in Swaziland by Captain Coetzee and some of his subordinates and taken into police custody in South Africa. Mr Pillay was unlawfully detained by the South African Police until 10 March 1981 when he was returned to Swaziland as a result of political and diplomatic pressure which was brought to bear upon the South African government.

Applicant was in no way involved or linked to the abduction which was not authorised by the police. Applicant did, however, obtain knowledge of the unlawful abduction shortly after it had occurred. As a superior officer, Applicant failed to take any steps to report the matter for the necessary police action, as he was obliged to do. In the result, Applicant defeated the ends of justice. Applicant indicated that his failure to act, was motivated by his desire to protect the interests of the South African Police, the then government and the governing National Party which he supported. He was acting in the execution of his official duties and against a member of the liberation movement, the ANC.

Having considered the matter we are satisfied that the Applicant made a full disclosure of all relevant facts and that his conduct amounts to an act associated with a political objective as envisaged in the Act.

We are accordingly satisfied that the application complies with all of the requirements of the Act and amnesty is accordingly hereby GRANTED to the Applicant in respect of the offence of defeating the ends of justice committed in regard to the abduction of Mr Joe Pillay in Swaziland and his unlawful detention during or about the period 19 February until 10 March 1981.

It needs to be pointed out that the abduction formed the subject-matter of a separate application by Captain Dirk Coetzee who was granted amnesty in respect thereof and where the victim status of Mr Pillay was decided.

DATED AT CAPE TOWN THIS DAY OF 2001.

ACTING JUDGE D POTGIETER

ACTING JUDGE C DE JAGER

ADV L GCABASHE

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