A compromise deal seemed to be in the offing yesterday to end the prospect of former President PW Botha being convicted and even imprisoned.
Mr Botha appeared in court in the town of George yesterday on charges of defying a summons to answer questions at a Truth and Reconciliation Commission (TRC) hearing on the role of the former State Security Council. During the apartheid era the Council planned strategies to contain the African National Congress-led rebellion against white minority rule. These strategies included, many analysts believe, the murder of anti-apartheid activists.
Mr Botha's appearance occurred amid intense speculation that a deal was being forged which would enable the 82-year-old former president to testify without compromising his sense of honour. The hearing was adjourned at the request of Mr Botha's legal counsel to see whether an agreement could be negotiated.
Mr Botha's lawyer, Mr H. R. Laubscher, told the magistrate: "At the moment no agreement has been reached, but we request you to grant us an opportunity to investigate the possibility of resolving the differences between our two parties. We ask your worship to let the matter stand down for an unspecified time."
Mr Laubscher then added a critical sentence: "As far as my client is concerned there has never been a blanket refusal to co-operate with the TRC."
Unconfirmed reports in the past few days suggested Mr Botha would testify at an in-camera TRC hearing in George, near his retirement home.
The TRC chairman, Archbishop Desmond Tutu, said yesterday: "We believe that we are very close to an agreement. The negotiations at present are on a knife edge. . . The Attorney General, as you know, has given the two parties until 8 a.m. [today] to reach an agreement. . . If an agreement is not struck by 8 a.m., the trial goes ahead."
Earlier in the year Mr Botha resisted attempts by President Nelson Mandela to persuade his family and others to prevail on him to abandon his confrontational attitude towards the TRC. Mr Botha insisted until recently that the TRC was biased against Afrikaners.
AFP adds: The TRC deputy chairman, Mr Alex Boraine, said both sides in the talks were "looking at every single word of a very complicated agreement". While they had come very close to a deal, he said, "we have not been able to get past that last, last post".
The TRC, Mr Boraine added, wished to avoid the court case not only because of the time, money and resources it would cost, but also "because it could exacerbate the strong feelings which are rampant in this country right now in terms of race relations".
Tight security surrounded the court yesterday, but less than 100 supporters of the ruling ANC demonstrated outside. A threatened right-wing counter-demonstration by Mr Botha's supporters failed to materialise.