This week’s Khotso House revelations catapault Archbishop Tutu’s Truth Commission Into confrontation with PW Botha. By Mail & Guardian reporters
GOVERNMENT law advisers are searching for precedents to establish whether PW Botha could face a jail term if he defies a subpoena to testify before the truth commission.
President Mandela’s office is already bracing itself for a set of civil claims against Botha in the wake of this week’s sensational revelations about the former president’s role in apartheid-era human rights abuses
Shirley Gunn, an anti-apartheid activist accused by then law and order minister Adriaan Vlok of being responsible for the bombing in 1988 of Khotso House, intends including Botha in her claim for damages for libel and wrongful detention.
Mandela’s advisers are concerned that the current president’s office would be responsible for meeting the payments of damages and costs of any court judgment against Botha or any other previous president.
One of Mandela’s legal advisers told the Mail & Guardian his office was investigating whether Botha would be covered by any presidential indemnities for criminal actions which he sanctioned.
“Our view on the matter from common law and supreme court precedents is that although there are certain indemnities for a president acting in that capacity these do not include immunity from civil claims in regard to criminal acts committed,” the adviser said.
Truth commission deputy chair Alex Boraine would not discount the possibility that Botha – who has in the past made no secret of his contempt for the commission – may be subpoenaed, but said that all other avenues would be explored first.
In spite of speculation that Botha was about to respond publicly to this week’s testimony by former police commissioner Johan van der Merwe, he maintained his silence at his Wilderness residence, Die Anker.
His secretary, Marlene Hartmann, said yesterday: “He has given no comment until today. He is very quiet, he has said nothing yet … He will react when he is ready.”
But she said Botha still maintained he had nothing to apologise about. “If one looks at that man Thabo Mbeki, he stood up and said he had thrown bombs, but that he did it for his liberation struggle. In the same way, Mr Botha did what he did for his country, his people and his Lord.”
Hartmann said Botha was of sound mind and health in spite of his 80-year-old age. “When he dictates letters, he does not even read from a piece of paper, he does it from his head – and he knows his Bible off by heart … He is a person who looks after himself.”
Van der Merwe and his predecessor as police commissioner, Johan Coetzee, told the M&G this week that they may give the commission further details of state involvement in apartheid misdeeds “as the situation develops”.
Van der Merwe on Monday testified to the commision that the bombing of Khotso House had been an order from Adriaan Vlok, who had told him it had come from Botha. Van der Merwe was giving evidence in the amnesty application of five former police officers. Details also emerged of a top-secret state body, Trewits, formed in 1985 to select targets for “elimination”.
Van der Merwe told the M&G his mission was not to expose erstwhile colleagues or politicians, but that he would not hide anything. “What it is about is the truth. There is no way that one can testify under oath and not tell the whole truth. Apart from the moral angle, it is also a serious offence …
“My men know what I know, and they know I know what they know. If one doesn’t tell the truth, people will lose respect for you.”
He said the politicians, similarly, knew details of the past. “All of them know the truth, and they know others around them know it. For them it is a matter of conscience.”
Asked whether there would be more revelations from his side implicating those above him, Van der Merwe said: “I don’t want to expose anyone, as that will mean I’d make myself guilty of despicable behaviour … But if it comes to the truth, I will not hesitate to talk, no matter who is involved.”
He confirmed he had talked to Botha on Tuesday, the day after he dropped his truth commission bombshell. He said he had told Botha “what it was all about”, and that he would send him a copy of his statement. But he said he did not recommend to Botha to go to the commission. “I’d be the last person to recommend anything to Mr Botha – you know him … But I have no doubt that a person of his integrity will act according to his conscience.”