Court to hear FW's application
2003-07-22 12:10
Pretoria - An urgent application by former president FW de Klerk for the Pretoria High Court to set aside a subpoena directing him to testify for the defence in the Boeremag trial is to be heard on Friday.
The matter was placed on the urgent court roll for Tuesday, but stood down until Friday to allow the respondents to file answering affidavits.
The respondents - the 22 Boeremag trialists and the directorate of public prosecutions - have until Wednesday to file these affidavits. De Klerk could then file answering affidavits by Thursday afternoon.
The application is to be argued in the Palace of Justice from 08:30 on Friday.
The summons was issued by Boeremag defence attorney Paul Kruger, and served at De Klerk's Western Cape residence earlier this month.
It directs the former president to report to the Pretoria High Court witness stand on August 4, where he is to testify on aspects of the constitutional process between 1989 and 1994, which some of the trialists contend was flawed.
De Klerk's lawyers earlier asked Kruger to withdraw the summons, but he refused.
Thirteen of the Boeremag accused last month entered a special plea disputing the legitimacy of the current government, its institutions, and the Constitution.
They contended that voters in the 1992 referendum on a new political order were never asked to approve the new Constitution.
This, they said, was in violation of an undertaking by the government of the day not to approve any constitutional legislation without a mandate from voters.
It is believed the defence intends to question De Klerk about this undertaking.
De Klerk might also be asked about a statement he is alleged to have made that sufficient legal grounds existed to contest the results of the 1994 general elections because of irregularities.
De Klerk's lawyer, Callie Albertyn, said the 13 trialists who entered the special plea were cited as the main respondents in the application to be heard on Friday.
The others were also named because they had an interest in the case, as was the prosecuting authority, which indicated it would not oppose the application, he said.
Kruger said he had issued a subpoena for former constitutional development minister Roelf Meyer also to testify for the defence.
The summons is expected to be served on him later in the day.
The trialists face 42 charges ranging from high treason, terrorism and sabotage, to murder, attempted murder and the illegal possession of explosives, firearms and ammunition.
The State alleges they plotted to overthrow the government.
Their trial is to resume on August 4, the first day after the court's mid-year recess.
- SAPA