OWN CORRESPONDENT, George | Friday 2.00PM
UNREPENTENT former president PW Botha, found guilty in the George Regional Court on Friday of ignoring a Truth and Reconciliation Commission subpoena, has been sentenced to a fine of R10000 or 12 months in jail. Another 12 months was suspended for five years.
Botha’s lawyers immediately said he intends to appeal and that documents have already been drawn up.
Delivering sentence, Chief Magistrate Victor Lugaju said Botha at 82 is not in good health and is a “first offender”. However, throughout the trial he showed no remorse and was granted enough opportunity to resolve the matter amicably, but failed to do so. The aggravating factors in this instance far outweighed the mitigating factors, and he considered the sentence to be appropriate.
Friday 11.00AM:
FORMER president PW Botha was found guilty in the George Regional Court on Friday of contravening provisions of the Promotion of National Unity and Reconciliation Act for ignoring a Truth and Reconciliation Commission subpoena.
Chief Magistrate Victor Lugaju announced the verdict after an eight-month trial. He found that Botha ignored a TRC subpoena to attend a hearing on the now-defunct State Security Council, which he chaired in the late 1980s.
. The 82-year-old Botha, known as the “groot krokodil”, now faces a jail sentence of up to two years and/or a heavy fine.
In his judgment, Lugaju said: “It is the unanimous finding of this court that the accused’s failure to appear was unlawful and intentional, and therefore he is guilty as charged.”
He rejected Botha’s defence counsels’ arguments that the subpoena issued against him was invalid, that the TRC acted in bad faith towards him, and that there was an agreement between Botha and TRC chairman Desmond Tutu for Botha to answer questions only in writing.
Before the court adjourned to consider an appropriate sentence, state prosecutor Bruce Morrison called for the court to impose a R60000 fine, which, he said, would be more appropriate than a R20000 fine. He also called for a term of imprisonment, to be suspended on the condition that Botha co-operate with any future TRC hearings.