FW 'shoots down' subpoena

2003-07-25 14:10

Pretoria - Attempts to have him testify for the defence in the Boeremag trial amounted to nothing more than politicking, said former president F W de Klerk on Friday.

"I can come to no other conclusion... that the subpoena is an attempt to use the trial court as a political stage," he said in a sworn statement submitted to Pretoria High Court.

"I am not inclined to get involved in a political debate on the witness stand with political opponents who blame me for starting a reform process which resulted in majority government in South Africa."

He accused the Boeremag suspects of abusing the legal process for an impermissible purpose.

Defence counsel for some of the Boeremag accused issued a subpoena for De Klerk to testify in their treason trial resuming on August 4.

The former president is asking the court to set the summons aside.

Thirteen of those on trial entered a special plea contesting the jurisdiction of the court and disputing the legitimacy of the government, its institutions and the constitution.

No such undertaking - De Klerk

They contend voters in the 1992 referendum on a new political dispensation were never asked to approve the new constitution.

This, they say, is in violation of an undertaking by the government of the day not to approve any constitutional legislation without a mandate from voters.

In his statement, De Klerk said no such undertaking was ever given.

His advocate, Jan Heunis, told the court that, even if the process leading up to the election of the government could be proven invalid, the government had become the de facto and de jure government through the passage of time.

Another bone of contention is the statement the former president allegedly made that the 1994 general elections were riddled with irregularities.

De Klerk said this might be the case, but nothing could change the fact the African National Congress had won the majority vote.

"The balance of power would not have been influenced and the election results as such would not have been invalid," his statement says.

Just an ordinary "Joe Citizen"

He also contended that many of the issues on which the Boeremag defence wanted him to testify, were legal matters on which he could give no expert evidence.

Heunis said De Klerk was just an ordinary "Joe Citizen".

Asking him to testify would be like taking someone from the street to tell a court whether he thought the government was legitimate, said Heunis.

The accused face 42 charges including treason, terrorism, sabotage, murder, attempted murder and the illegal possession of explosives, firearms and ammunition.

The State alleges they plotted to overthrow the government.

- SAPA