Rehana Rossouw
PW BOTHA could face two years behind bars if he remains opposed to testifying before the Truth and Reconciliation Commission after it begins its work next year. His defiant refusal this week to “repent” before the commission could see him falling foul of the law.
The Promotion of National Unity and Reconciliation Act allows for imprisonment, a fine or both for any person subpoenaed to appear before the commission and failing to do so. The same penalties apply to witnesses who do not answer questions fully or
The commission would – in all likelihood – be interested in hearing Botha’s evidence. As former head of the State Security Council, he not only held political responsibility for the security forces during the total onslaught era, but also had an insider’s knowledge of their actions against anti-apartheid activists and organisations.
However, Botha said records of meetings of the cabinet and the State Security Council were in his autobiography, although the latter had been sanitised by FW de Klerk.
Former South African Police General “Basie” Smit, accused of human rights abuses by Judge Richard Goldstone last year, said this week he also would not be looking for mercy from the truth commission. “Never,” he said.
He feels aggrieved that since Judge Goldstone named him as one of three police generals accused of grave offences he has never been asked any questions by the authorities about his alleged crimes. “I still don’t really know what I am supposed to have done,” he said.
l Human rights organisations this week expressed disquiet and unease that President Nelson Mandela might add new names to the shortlist of Truth and Reconciliation nominees handed to him by a special selection panel this week.
A source said NGOs were aware that Mandela had expressed concern at the lack of coloured people on the list. “The panel gave him a mandate to find a suitable person from KwaZulu-Natal because it is a region in conflict, but no other mandate.” NGOs were concerned that new appointees would not be subjected to the same scrutiny undergone by other candidates, he said.