With former president FW de Klerk subpoenaed to testify for the defence in the Boeremag treason trial, the prosecution was consulting with one of his erstwhile cabinet ministers, it emerged yesterday.

Defence attorney Paul Kruger said De Klerk was subpoenaed on Monday as a witness in the trial of 22 alleged members of the rightwing organisation.

A summons was received by De Klerk's farm manager at his Paarl residence in the Western Cape.

It directs the former president to report to the Pretoria High Court witness stand on August 4, when he is to testify on aspects of the constitutional process between 1989 and 1994, which the trialists contend were flawed.

Kruger said he had also intended to subpoena former constitutional development minister Roelf Meyer, but was asked by prosecutor Paul Fick not to do so.

"He (Fick) said they intended consulting with Meyer. I said it was fine - as long as he was in court I could also question him.

But if I have no clarity by the end of this week on whether or not they intend calling him, I will issue a subpoena for him as well".

Fick confirmed the prosecution intended consulting with Meyer, but declined to clarify to what end. He would not say if Meyer might be called to testify for the State.

Last month, 13 of the trialists entered a special plea disputing the legitimacy of the current government, its institutions, and the Constitution.

They contended that voters in the 1992 referendum on a new political order were never asked to approve the new Constitution.

This, they said, was in violation of an undertaking by the government of the day not to approve any constitutional legislation without a mandate from voters.

It is believed the defence intends to question De Klerk and Meyer about this undertaking.

The former president might also be asked about a statement he is alleged to have made that sufficient legal grounds existed to contest the results of the 1994 general elections because of irregularities.

At the previous court appearance, Fick questioned the wisdom of calling De Klerk to testify.

Whatever testimony the former president could give on the validity of the 1994 elections, the State would argue "so what?".

"The fact is, the validity was never contested. His opinion, even if he was the State President, means nothing".

The men face 42 charges ranging from high treason, terrorism and sabotage to murder, attempted murder and the illegal possession of explosives, firearms and ammunition. The State alleges they plotted as members to overthrow the government.

The case is to resume on August 4, the first day after the court's mid-year recess.

Dave Steward, who acts as spokesperson for De Klerk, could not confirm yesterday that a summons had been served.

"Our position is this: Whatever they do will simply be referred to De Klerk's lawyers, and they will handle it from there". – Sapa.