Boeremag: FW in High Court
2003-07-25 08:50
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.
De Klerk is to ask for the subpoena to be withdrawn on the basis that he could give no relevant evidence on the matters raised by the Boeremag defence, his lawyer Callie Albertyn said on Thursday.
De Klerk was summonsed earlier this month 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.
Thirteen of the 22 men standing accused in the treason trial entered a special plea last month, disputing the legitimacy of the current government, its institutions, and the constitution.
They contended 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.
The former president might also be asked about a statement he is allegedly made that sufficient legal grounds existed to contest the results of the 1994 general elections because of irregularities.
Albertyn said the issues raised by the Boeremag defence were legal questions, in which the court itself was an expert and neither De Klerk nor anybody else could give admissible evidence.
Also, only the Constitutional Court could give judgment on the legitimacy of the constitution or any of its clauses. That court had already certified the constitution, Albertyn said.
The 13 trialists who entered the special plea were cited as the main respondents in De Klerk's application.
The other nine accused were also named because they had an interest in the case, as was the prosecuting authority - which indicated it would not oppose the application, Albertyn said.
According to defence attorney Paul Kruger, former constitutional development minister Roelf Meyer was also subpoenaed to testify. Meyer could not be reached for comment.
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.
- SAPA