Pretoria, July 29: South Africa's last white president Frederik De Klerk will not be forced to testify in the treason trial of 22 rightwingers accused of plotting to overthrow the state, a court ruled today. The men, who are also accused of plotting to assassinate former president Nelson Mandela, wanted De Klerk to provide testimony on his reasons for approving a non-racial democratic Constitution without their consent.

But today the subpoena was set aside by Judge President Bernard Ngoepe of the Pretoria High Court.

"The subpoena issued against (De Klerk) is an abuse of the court process and therefore bad in law," Ngoepe said in comments quoted by the SAPA News Agency. "The real issue to be decided by the trial court is, therefore, whether it is possible for a section of the population in a unitary state not to be bound by the Constitution of the country," he said.

De Klerk played a major role in the negotiation process leading to the first non-racial democratic elections in 1994, and has been accused by supporters of apartheid of selling out South Africa.

The subpoena was brought by 13 of 22 Afrikaaners who are facing 42 charges ranging from terrorism to treason.
The alleged members of the extremist Boeremag (farmers' force) have also been charged with murder after a woman died in a series of bomb blasts in a Johannesburg township late last year.

The men contend that the current constitution, the government and its institutions are illegitimate and that the court has no jurisdiction over them.

Bureau Report