The Pretoria High Court dismissed a special plea on Tuesday by 13 of the 22 Boeremag treason trialists that the court had no jurisdiction over them.
Judge Eben Jordaan said the men’s arguments that certain people were bound to the constitution and others were not, did not hold water and would have chaotic results.
Had their plea succeeded, the 13 would have sought the continuation of their trial before an ad hoc international tribunal.
The 22 men stand accused of planning to overthrow the government with the aim of declaring a Boer republic. They face 42 charges, including high treason, terrorism, sabotage, murder, and several firearms and explosives violations.
The 13 claimed the court had no jurisdiction over them due to what they described as flaws in the constitution-making process.
They contested the legitimacy of the SA Constitution, the government and its institutions. They claim the 1994 democratic elections were flawed — rendering illegitimate all processes that followed.
The SA Constitution, the men claim, was certified despite the then Parliament suspending its own power to adopt constitutional legislation until the electorate of the day had been consulted on the document’s contents.
They accused former president FW De Klerk of reneging on an undertaking to this effect.
Attempts by the group to get De Klerk and his erstwhile Constitutional Development Minister Roelf Meyer to testify in support of their special plea failed when the Pretoria High Court last month set aside a subpoena issued for the former president.
The accused are expected to now bring an application for the recusal of chief prosecutor Paul Fick, SC. – Sapa