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Friday, December 19, 1997 Published at 19:21 GMT



World

Botha to be prosecuted for snubbing commission
image: [ PW Botha failed to appear for a third time running ]
PW Botha failed to appear for a third time running

Legal moves have begun to prosecute the former South African president, PW Botha, after he ignored a summons to appear before the country's Truth and Reconciliation Commission.

Mr Botha faces arrest and a jail sentence of up to two years after snubbing the commission for a third time.

Mr Botha was subpoened to appear before the commission at 9am (0700 GMT) on Friday. But South African state radio reported that at the appointed time he was still at his home in Wilderness, in the southern Cape, 300 kilometres (180 miles) away.


BBC correspondent Jeremy Vine talks to Archbishop Desmond Tutu about the charges against P W Botha.
The commission's Chairman, Archbishop Desmond Tutu, said that he would be laying charges against Mr Botha with the Attorney General.

"Clearly the appeals of various people, including the President of this country, have not prevailed and Mr PW Botha has seen fit not to appear," he said.

"As we have indicated, we will let the law take its course," he added.

A spokesman for the Attorney General said Mr Botha would not be arrested immediately. The former President's lawyers have been given a fortnight to submit any mitigating information that might halt a prosecution.


[ image: Mr Botha was in power during the worst excesses of the Apartheid era]
Mr Botha was in power during the worst excesses of the Apartheid era
An appeal for clemency for Mr Botha has been made by the party he used to lead.

Renier Schuman, the Director of the National Party said: "We don't think he is above the law but we have said that the TRC should first work through a very extensive submission made by Mr Botha, an 1,800-page submission, replying to a whole lot of questions they put to him before they start resorting to this sort of strong arm tactic."

Mr Botha has eluded the panel for months. He has described the Commission as a "circus" and has repeatedly refused to testify in person.

Earlier this month, Mr Botha ignored another subpoena issued by the panel but escaped contempt charges because of a technical flaw in the order.

Conviction on the charge of contempt of commission could result in a fine of up to 20,000 rands (£2,495) and imprisonment for two years.
 





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  Relevant Stories

19 Dec 97 | World
Botha flouts Truth Commission

05 Dec 97 | World
P W Botha in battle of wills with Truth Commission

05 Dec 97 | Despatches
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05 Dec 97 | World
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