Ruling on Boeremag application
2003-08-22 08:45
Pretoria - The Pretoria High Court is expected to give judgment on Friday morning in an application by three of the Boeremag treason accused for their trial to be separated from that of the other 19.
Judge Eben Jordaan reserved judgment on the matter on Tuesday.
Brothers Mike and Andre du Toit and Jacobus "Rooikoos" du Plessis, contended that 33 of the 42 charges listed by the State were not applicable to them, as the crimes were committed while they were in jail.
They claim the State was unable to show they were aware of the crimes being planned, or that they associated themselves therewith.
The three were arrested in April last year. The crimes in question were committed between September and December.
These included the murder of Claudia Mamatsieng Mokone in a bomb explosion in Soweto on October 29, the attempted murder of former president Nelson Mandela on October 11, and a range of contraventions of arms, ammunition and explosives laws.
The 22 men stand accused of planning to overthrow the government as members of the rightwing Boeremag organisation, with the aim of declaring a Boer republic.
They face a total of 42 charges, which also include high treason, terrorism and sabotage.
The issue of trial separation was the third "in limine" or pre-trial application brought in the case. The trial was initially to have started in May.
The State can start leading evidence only after all the in limine matters have been resolved.
- SAPA