Truth Commission Special Report
Decision - 59437

Type: AMNESTY DECISIONS
Names: JOHN LOUIS MCPHERSON
Matter: AM7040/97
Decision: GRANTED
URL: https://sabctrc.saha.org.za/hearing.php?id=59437&t=&tab=hearings
Original File: https://sabctrc.saha.org.za/originals/decisions/2001/ac21155.htm
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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

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