An application by former president F W de Klerk for an interdict preventing him from having to testify for the defence in the Boeremag trial is to serve before the Pretoria High Court next Tuesday.
Documents to this effect were filed with the court on Thursday, and are expected to be served on Boeremag defence lawyers by Friday, De Klerk’s lawyer Callie Albertyn said.
The matter was set down for a hearing next Tuesday.
The former president is to ask the court to set aside a subpoena issued for him to testify as a witness in the trial of 22 alleged members of the right wing Boeremag organisation.
The summons was issued by Boeremag defence attorney Paul Kruger, and served on De Klerk’s Western Cape residence earlier this month.
It 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 some of the trialists contend was flawed.
De Klerk’s lawyers earlier asked Kruger to withdraw the summons, but he refused.
Thirteen of the Boeremag 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
Former constitutional development minister Roelf Meyer might also be subpoenaed to testify on these matters.
Kruger said he would summons Meyer if the state had not done so by next Monday.
Prosecutor Paul Fick initially asked Kruger not to subpoena Meyer, as the state was consulting with him.
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 case is to resume on August 4, the first day after the court’s mid-year recess. – Sapa