One of the accused in the PAC case, Johnson NYATHI, who was thrown out of a window by Krugersdorp Security Police (see above) submitted a claim for R25,000 damages from the police for injuries to his spine and legs. Nyathi spent eight months in hospital recovering from the incident.
The Pretoria Supreme Court ruled that the claim had been submitted too late in the terms of the Police Act, which states that a claim must be made within six months of the alleged assault. Nyathi's lawyers argued that the assault had taken place on 31 January 1977 and that as he had been held in detention under the Terrorism Act until 5 December 1977 he had been effectively prevented from submitting his claim within the prescribed time. The court held itself 'powerless to extend the meaning of the Act to accommodate this case of hardship'. As a result of the assault, Nyathi is now partially disabled. (Post 22.12.78)
