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Sapa W Cape Ag to Decide on Botha Prosecution Next Week

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Sapa W Cape Ag to Decide on Botha Prosecution Next Week CAPE TOWN Jan 2 - SAPA W CAPE A-G TO DECIDE ON BOTHA PROSECUTION NEXT WEEK Any decision on whether to prosecute former state president PW Botha, for failing to obey a subpoena to appear before the Truth and Reconciliation Commission, would be taken next week, the office of Western Cape attorney-general Frank Kahn said on Friday. On December 19 Kahn had announced that Botha and his legal adviser Ernst Penzhorn had until January 2 to make written representation showing why he (Kahn) should not lay criminal charges against Botha. A spokesperson for Kahn's office said "a decision will be taken on this next week". Earlier this month Kahn said that should he decide to prosecute, Botha, through his lawyer, had undertaken to obey any summons issued under the Criminal Procedures Act. The summons would give Botha 14-days notice to appear in court. © South African Press Association, 1998 This text is for information only and may not be published or reprinted without the permission of the South African Press Association JOHANNESBURG Jan 4 - SAPA PW SAYS TRC HAS THE KNIFE IN FOR HIM Former president P W Botha on Sunday accused the Truth and Reconciliation Commission of having the knife in for him. In an interview with the Afrikaans Sunday newspaper Rapport, Botha was quoted as saying that he was still not prepared to appear before the TRC. He had done nothing wrong, he claimed. He said he went to great lengths in giving a written reply to all questions put to him by the TRC concerning the (former) State Security Council in an 1800-page document. Yet the TRC laid a charge against him with the Attorney-General which showed that it had the knife in for him. "I have done nothing to them but they have started prosecuting me," Botha said. Botha said if he was charged because it was held that his failure to personally appear before the TRC was a criminal offence, he would duly make his appearance in court because he had respect for the law. He claimed to have received a great deal of support for his stance, including support from former generals of the old SA Defence Force, who had told him they had started a fund to assist him. Legal advisers representing Botha on Friday held confidential discussions with Western Cape Attorney-General Frank Kahn before whom the TRC laid its complaint concerning Botha. Kahn has indicated that he could make a decision on whether or not to prosecute Botha during the coming week. © South African Press Association, 1998 This text is for information only and may not be published or reprinted without the permission of the South African Press Association JOHANNESBURG Jan 5 - SAPA FARRAKHAN CRITICISES SA'S TRUTH AND RECONCILIATION PROCESS Nation of Islam leader Louis Farrakhan on Monday criticised South Africa's truth and reconcilation process which was being used to sully the reputation of Winnie Madikizela-Mandela, whom he called the "mother of a great struggle" and "warrior for justice". Farrakhan - in Johannesburg on the 13th leg of a 52-nation world friendship tour - was speaking at a press conference at Madikizela-Mandela's Orlando-West home. Madikizela-Mandela was known throughout the "black world as a fighter for justice," he said. On Madikizela-Mandela's marathon appearance before the Truth and Reconciliation Commission last year, Farrakhan warned against a situation in which "the oppressed who fought the oppressor doesn't become the victim of a process that is supposed to bring peace and reconciliation". Madikizela-Mandela, who requested the public hearing, was called in November to answer claims that she and members of her Mandela United Football Club were linked to at least 18 gross human rights violations. "We're not saying in the struggle we don't make mistakes, but the oppressed in the scheme of reconciliation must not bear the burden of such a horror as the nine days that Mrs Mandela went through and (former State President PW) Botha can thumb his nose at such Truth and Reconciliation Commission and it appears as though nothing may happen. "This is wrong," Farrakahan said. It was also not right that the oppressed should suffer, while the oppressor could say "I'm sorry" and go free. "This is why you had the Nuremburg trials after the (Second World) war so that those who were criminals could be brought to justice. "Those who fight for justice are not criminals ... They are fighting for the right that God has said each human being deserves." Farrakhan also questioned the motivation for Madikizela-Mandela's appearance before the TRC. "Is it designed to destroy her credibility, so that she may not be a political force in this country for geunine change?. "If that is so, lets reconstruct, lets have a genuine peace and truth and reconciliation commission." Peace and reconciliation would not be possible until there was a genuine change in the status between whites, who still monopolised economic power, and blacks, he said. Whites also had to atone to blacks for the sins of the past. The mere acknowledgment of past wrongs and repentance was not enough. Although he believed South Africa could become one of the greatest nations in Africa, it was currently "sitting on a volcano of human suffering", he said. If this was not solved and "if the hope of a black president leads to despair because the results are not seen, unfortunately South Africa can go the way of other societies in Africa". However, President Nelson Mandela's inability to make good on his socio-economic promises was not through any fault of his own, but because white business who had offered to assist him in the past had broken its promise. There were also counter-forces who were bent on ensuring that Mandela and the forces of progress failed. "There are forces who want to prove that black people in power can't run things well." Maikizela-Mandela, who introduced Farrakhan as "my dearest brother", said the Muslim leader's visit to South Africa came during "one of our most difficult periods in our history". South Africa was facing problems "perhaps more difficult than when we were throwing stones", she said identifying increased crime, corruption, and the recent spate of jailbreaks as obstacles. "We suddenly realised that democracy is far more expensive than the struggle itself," she said. © South African Press Association, 1998 This text is for information only and may not be published or reprinted without the permission of the South African Press Association CAPE TOWN Jan 7 - SAPA PW BOTHA TO BE CHARGED FOR DEFYING TRC Western Cape Attorney-General Frank Kahn on Wednesday announced that former state president PW Botha would be prosecuted for failing to obey a subpoena to appear before the Truth and Reconciliation Commission last month. Kahn told a news conoference that throughout the consideration of this matter, Botha's personal circumstances had weighed heavily on him. "He is almost 82 years of age and no attorney-general in any civilised country lightly decides to prosecute a person of his age, especially given Mr Botha's medical history." Kahn said he had considered all the circumstances, including the voluminous documents upon which the TRC wished to question Botha at a public hearing, and had decided that a prosecution was warranted in law and in the public interest. Botha would accordingly be charged in the George Regional Court. He would be summonsed to appear on January 23. Kahn added that the TRC had decided not to press charges in relation to media references to its standing, and there would be no further charges. Botha was subpoenaed to appear before the TRC on December 19 but failed to turn up after saying earlier that he did not intend to appear. Botha has called the Truth Commission a circus and a witch hunt against apartheid leaders, and said repeatedly he would not testify. He failed to appear before the commission three times. TRC chairman Archbishop Desmond Tutu asked that Botha be charged because he refused to appear before the commission. Earlier, Botha's lawyers delivered 1,700 pages of documents tot he TRC in which the former president denied knowledge of killings, torture or bombings carried out by security forces. Earlier this month Kahn said that Botha had undertaken to obey any summons issued under the Criminal Procedures Act. The summons would give Botha 14 days' notice to appear in court. Botha faces a possible two years in prison or a fine of R20000 if convicted on the main charge of failing to appear before the TRC. The alternative charge is hindering the commission in the execution of its duties. © South African Press Association, 1998 This text is for information only and may not be published or reprinted without the permission of the South African Press Association CAPE TOWN Jan 7 - SAPA BOTHA'S PROSECUTION SHOULD BE RESPECTED AND ACCEPTED: OMAR South Africans should respect and accept the decision by Western Cape Attorney-General Frank Kahn to prosecute former president PW Botha for failing to obey a lawful subpoena to appear before the Truth and Reconciliation Commission, Justice Minister Dullah Omar said on Wednesday. "It is vital that we establish the rule of law in South Africa," he said in a statement. One of the problems of the past, which still remained, was that too many people regarded themselves as being above the law. "The rule of law requires that all law must apply equally to all persons irrespective of status, position or standing. Nobody is above the law," Omar said.
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