DECISION
The Applicant has previously applied for amnesty in respect of a number of incident which were heard at public hearings of the Committee. The present matter is being decided in chambers.
At all material times the Applicant was a member of the Security Branch of the South African Police. In the course and scope of his duties, Applicant participated in plans to bomb a meeting of the National Executive Committee ("NEC") of the African National Congress ("ANC") which was to take place at the Solomon Mahlangu Freedom College, Morogoro, Tanzania. It is clear from the relevant circumstances, that the incident occurred within the mandate period set out in the Promotion of National Unity and Reconciliation Act, No. 34 of 1995 ("the Act").
Applicant assisted in making the necessary logistical arrangements for the operation in that he arranged accommodation and transport within Malawi for the actual operatives. According to the plan, explosives were to be placed underneath the stage of the venue where the meeting was to be held. Before the operation could be conducted, Applicant's superiors decided that the operation should be aborted.
Having considered the matter, we are satisfied that the Applicant acted in execution of the orders of his superiors and that the incident was directly associated with the political conflict at the time involving the then government and the liberation movements. In the circumstances, we are satisfied that the application complies with all of the requirements of the Act and amnesty is accordingly GRANTED to the Applicant in respect of all delicts and offences arising from his participation in a plan to bomb the meeting of the NEC of the ANC to be held at Solomon Mahlangu Freedom College, Morogoro, Tanzania.
DATED AT CAPE TOWN THIS 8TH DAY OF MAY 2001
??
2
/...
/...
