MR RHEEDER
Mr Siyali, if you can just, your affidavit that you've made in your application, if you can just read that into the record.
MR SIYALI
"I, the undersigned, Isaiah Patrick Siyali, declare under oath as follows
	I am a 39 year old male.  A Sergeant in the employ of the South African Police Service.  I'm presently stationed at Cape Town, with Organised Crime Unit, Narcotics.  My home address is number 10 Delta Road, Graceland, Khayelitsha.  I'm married, with one child.  I have no previous conviction of any nature.  
		I attended Hammanskraal Police College and when I left the College in March 1985, I was posted to the Security Branch of the South African Police, as it was then called.  I was stationed Culemborg Office of the Security Branch, Cape Town, from 1985 until 1992, when I was transferred to the Organised Crime Unit. Through this period I've held the rank of Constable.  
		My main duties at the Security Branch consisted of taking care of the so-called Section 29 detainees.  I fetched and escorted them to and from the various police stations, where they were detained.  I made lists of personal items and food which they requested and I bought and delivered it to them.  I also escorted them to and from medical doctors.
		During approximately September 1987, I'm not able to recall the exact date, Tony Yengeni, who was a Commander of the military wing of the ANC in the Western Cape, according to my knowledge, was arrested by members of the Security Branch, together with a number of approximately 15 askaris.  The askaris came from the Transvaal, as it was then called, to assist the Security with the combatting of the terrorism.
		I was not present during the arrest.  I was, however, on duty when Mr Yengeni was brought into the office at Culemborg.  According to my knowledge he was handled by my senior, Mr Liebenberg, and by Mr Benzine.  They conducted the interrogation of Mr Yengeni, which I did not witness.  I was deemed too junior in the rank to witness the interrogation.  It also seemed to me that African policemen were not trusted by white policemen in taking part or witnessing any interrogation.
		After Mr Yengeni's interrogation, several persons were arrested, whose names I cannot remember and illegal weapons were found.  Mr Yengeni was placed in my care.  I was informed that Mr Yengeni would take us to the location of an apparent meeting between himself and Mr Bongani Jonas, who was at that time part of Mr Yengeni's ANC cell.
		My duty was to escort Mr Yengeni and to ensure that he did not escape.  I was ordered to the Milnerton Police Station, where I arrived at approximately 17h00 on that day.  Upon my arrival, my Commanding Officer was already present, together with approximately 15 askaris, who were briefed and informed of the specific plan to arrest Mr Jonas.  The plan was that myself, Mr Yengeni and one askari will take a civilian motor vehicle to the meeting place, as pointed out by Mr Yengeni.  Other members of the Security Branch and the askaris will follow us and we will remain in radio contact.  The plan was to arrest Mr Jonas.
		According to the plan, Mr Yengeni, myself and the askari with the name of David, I cannot recall his surname, got in the civilian motor vehicle and proceeded to the meeting place.  Mr Yengeni was seated in the passenger seat and David was the driver.  I was ordered to sit in the back seat, due to the fact that it was my duty to escort Mr Yengeni and to ensure that he did not escape.  The other policemen and askaris, as well as my Commanding Officers, followed at a considerable distance behind us.
		The meeting was to take place in Athlone.  As we drove along the main road near Athlone, a Mercedes with three passengers approached us from the front.  David turned to Mr Yengeni and asked him whether this vehicle was driven by Mr Jonas.  Mr Yengeni nodded and we subsequently turned around and followed the Mercedes Benz.  
		Our Commanding Officer and the rest of the policemen and the askaris were not aware that we turned around.  Our radio did not work at the time and we could accordingly not contact them.  
		We kept on following the Mercedes as it went on the N2, in the direction of Somerset West.  It seemed at the time that the driver and the passengers of the vehicle, were not aware that we were following them.  After we passed the Gugulethu turn-off on the N2, David drove alongside the Mercedes.  The Mercedes drove in the left lane and he drove in the right lane.  I thought David would try to force the vehicle off the road.
		As we came next to the vehicle, David shouted at me to shoot at the driver of the vehicle, who we believed to be Mr Jonas.  The driver of the vehicle was approximately 2 metres from me.  I took out my service pistol, turned down the car window and pointed the pistol in the direction of the driver of the Mercedes Benz.  Neither the driver or any passenger were aware that we were alongside them.  I was very nervous and I also decided that I was not going to shoot directly at the driver of the Mercedes.  I fired one shot in the air, whereafter it seemed that Mr Jonas became aware of our presence.  David, who was driving the motor vehicle, rebuked me for the fact that I did not shoot at the motor vehicle itself and he then took out his pistol.  David started shooting at the Mercedes and I do not remember how many shots were fired.
		Mr Jonas then attempted to flee with Mercedes Benz and we gave chase.  At some stage during the chase, we left the N2, but later returned.  We then crossed the middle of the N2 and pursued Mr Jonas, as he was driving against the flow of the traffic, on the wrong side of the N2, still in the direction of Somerset West.  
		When Mr Jonas realised that he would not be able to get away, he brought the Mercedes to a stop next to the N2, on the southern side of the N2.  Mr Jonas and the one male passenger got out of the Mercedes and fled into the bushes.  David stopped our vehicle behind the Mercedes and got out.  David followed Mr Jonas into the bushes.  I stayed behind with Mr Yengeni as it was my duty to look after him.  The female passenger of the Mercedes stayed in the Mercedes.  Whilst we were waiting, I heard a shot.  A while later appeared with Mr Jonas.  I could clearly see that Mr Jonas was shot in the leg.
		We then managed to contact the other askaris who were nearby.  We took the female passenger, Mr Jonas and Mr Yengeni back to our headquarters at Culemborg.  	I know that Mr Jonas was interrogated at Culemborg by policemen from the Security Branch.  I was however not present during the interrogation.  I conducted certain investigation regarding the female passenger of the Mercedes, but could not establish that she was in any way connected with terrorist activities.  She was accordingly released.
		In view of the above, I respectfully submit that I was at all times acting in my capacity as a constable policeman of the Security Branch.  My aforementioned action was done in the bona fide belief that we were combating terrorists and terrorist activities.