Former president FW de Klerk might turn to the courts in a bid to avoid having to testify for the defence in the Boeremag treason trial, his attorney said on Monday.
Callie Albertyn confirmed his client had asked defence lawyers who subpoenaed him to testify to withdraw the summons.
Defence attorney Paul Kruger wrote back on Monday, refusing the request.
Albertyn said he would now let his client decide what course of action to follow. This could include an application to the courts to set aside the subpoena.
De Klerk’s decision should be known by Tuesday afternoon.
Kruger said he received a letter from De Klerk’s lawyers on Friday, asking him to withdraw the subpoena as the former president believed he could give no testimony relevant to the trial.
”For my case, his evidence is relevant,” Kruger said. ”I cannot withdraw the subpoena.”
Kruger subpoenaed De Klerk last week as a witness in the trial of 22 alleged members of the rightwing Boeremag organisation.
A summons served on his Western Cape residence directs the former president 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 the trialists contend was flawed.
Thirteen of the accused last month entered a special plea disputing the legitimacy of the current government, its institutions, and the Constitution.
They contended that 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 alleged to have made that sufficient legal grounds existed to contest the results of the 1994 general elections because of irregularities
Kruger might also summon former constitutional development minister Roelf Meyer to testify on these issues.
The defence attorney was initially asked by prosecutor Paul Fick not to subpoena Meyer, because the state was consulting with the former minister. Kruger said he had since been informed that Meyer would not be called to testify for the prosecution.
”This means that I will have to do the necessary,” Kruger said. This might include issuing a subpoena, but a final decision had not yet been taken.
The men 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.
The trial is to resume on August 4, the first day after the court’s mid-year recess. – Sapa