David Beresford
At 10.12am on Thursday, President Nelson Mandela made constitutional history when he took the oath in Room 6E of the Pretoria High Court, submitting the executive to the scrutiny of the judiciary.
Looking the epitomy of dignity in a charcoal suit, the president made a point of demonstrating his respect for the court by refusing to take a seat offered to him by Judge William de Villiers. However, he did not address him with the respectful “my lord” , instead calling him “judge”.
At a press conference before entering the court, Mandela expressed “grave reservations” about being summoned by Judge De Villiers. He said that since becoming president he had appointed 26 different commissions of inquiry. If he had to submit to examinat ion in court about each decision, it would completely undermine the functions of government.
In the witness box, the president put on a masterful performance, at times reducing spectators to laughter as he crossed swords with advocate Manie Maritz, one of the most highly regarded silks in the country.
Telling Maritz to “speak up” and rebuking him for repeating the same question in different guises, Mandela showed himself to be completely in command of the issues before the court – whether he had properly appointed a commission of inquiry into the acti vities of the South African Rugby Football Union.
Repeatedly stating his “respect” for Dr Louis Luyt, he nevertheless pointed out that the union’s credibility was badly undermined and Luyt himself had earned an unfortunate reputation as a “pitiless dictator”. Rugby was a national asset and it was his d uty to ensure it was properly administered, he said.