TRC Final Report

Volume 1

Chapter 7

Subsection 13

Further complaint by former SADF members

112 On 6 February 1998, the Commission received a document from Generals Malan, Viljoen, Geldenhuys and Liebenberg, Major General Marais and Warrant Officer Holliday. This contained an assessment of the treatment of the former SADF by the Commission with the view “to making constructive suggestions with the aim of promoting national reconciliation”.

113 The document raised concerns reflected in the previous complaint and made a number of suggestions to the Commission.

■ MR PW BOTHA’S REFUSAL TO APPEAR BEFORE THE COMMISSION

114 On 5 December 1997, the Commission issued a section 29 notice to former State President Mr PW Botha, asking him to appear before the Commission to answer questions about the State Security Council. The notice was issued in terms of section 29 of the Act.

115 Mr Botha failed to appear and a criminal charge was brought. He was prosecuted at the magistrate’s court in George on 1 - 5 June 1998, with Mr Victor Lugaju presiding.¹⁹ Amongst the witnesses for the state were Archbishop Tutu and other members of the Commission. Mr Eugene de Kock also gave evidence.

116 On 21 August 1998, Mr Botha was found guilty of failing to attend at the time and place specified in the subpoena. He was sentenced to a fine of R10 000 or twelve months imprisonment, and twelve months imprisonment suspended for five years.