Mr P W Botha has been given every opportunity to cooperate with the TRC. The Commission holds no animosity towards the former State President. We believe that his experience as Minister of Defence, as Prime Minister and as State President and the information he could give us is vital in order for the Commission to fulfil its mandate.
The Attorney-General of the Western Cape, Mr F W Kahn SC, has decided that a prosecution is warranted in law and has summonsed Mr Botha to appear on 23 January 1998.
We had hoped against hope that matters would not have reached this eventuality. We would have preferred that the current impasse between Mr Botha and the Commission did not end up in a court of law. It should have been possible to resolve differences, even serious differences, through dialogue and discussion, as has been the case in so many hearings of the TRC.
Even at this 11th hour I would appeal to Mr Botha to change his mind and agree to appear before the TRC. If he refused to do this then the law must take its course. No-one is above the law - neither the lowliest nor the highest in the land.