Papers were served on the former South African president, Mr P.W. Botha, yesterday ordering him to appear in court to face charges relating to his snubbing of the Truth and Reconciliation Commission (TRC), South African television said.
The Western Cape Attorney-General, Mr Frank Khan, earlier told journalists that Mr Botha - who ruled South Africa with an iron rod between 1978 and 1989 - will be prosecuted for refusing to appear before the commission, which is investigating apartheid era human rights crimes.
South African television said two policemen served the court papers on the 81-year-old Mr Botha (his 82nd birthday is next Monday) at his retirement home in Wilderness, some 400 kilometres north-east of Cape Town.
Mr Botha received the papers personally, the television report said - a marked contrast to when truth commission officials tried to serve a subpoena on him last month; he ignored them and left it to his security guards to accept the summons - which he in any case ignored.
Mr Botha has been ordered to appear before the commission on three occasions, most recently on December 19th. He dismissed the first, while the second was declared void because of a legal technicality regarding the way it was worded.
The commission wants to question Mr Botha about abuses under his rule, including cross-border raids, the state's chemical warfare programme, killings of black activists, and the workings of the now-defunct state security council, which he headed.
Mr Khan said the prosecution of Mr Botha, known as the "Great Crocodile" for his fierce demeanour and reptilian scowl, was in the interests of justice. "It is also necessary in law," he said. "Mr Botha will therefore be prosecuted in the regional court in George (near Wilderness)."
An immediate adjournment is the most likely outcome of the January 23rd court sitting, to allow time for the magistrate to consider the TRC documents which Mr Khan used to arrive at his decision to prosecute.
Mr Khan said that in considering whether to prosecute, Mr Botha's personal circumstances had weighed heavily on him. "No Attorney-General in any civilised country lightly decides to prosecute a person of his age, especially given Mr Botha's medical history," he said.
Mr Khan denied that the decision to prosecute had been political: "It was made in accordance with the independence of this office and I have consulted no politicians and nobody outside this office."
The TRC deputy chairman, Mr Alex Boraine, made a late appeal yesterday for Mr Botha to reconsider, saying the truth commission would approach Mr Khan to withdraw charges should he change his mind and agree to appear before it.
Mr Botha will be charged with failing to appear before the commission without giving sufficient reason, or, alternatively, with obstructing the work of the commission. He faces a maximum of two years' jail if found guilty, and/or an as yet unspecified fine.
Lawyers for Mr Botha last Friday handed in a submission to Mr Khan giving his reasons for snubbing the TRC.