Issued by: Truth and Reconciliation Commission
March 30, 1998
The Commission was today given affidavits from two eminent, independent medical experts questioning the capacity of Mr P W Botha to stand trial on charges of failing to give evidence before the Commission in view of the damage caused by the stroke he suffered in January 1989.
We are not in a position to make an informed judgment on the contents of the affidavits. In addition, the prosecution of Mr Botha is in the hands of the Attorney-General of the Western Cape, Mr Frank Kahn, S.C., and his staff. For these reasons we have referred the affidavits to him, and requested him to inform Mr Botha's lawyers of their contents.
The medical experts who have signed affidavits are:
- Professor Derek Vincent Philcox, who until his retirement in 1993 was Associate Professor of Neurology in the University of Cape Town and Head of the Department of Neurology at Groote Schuur Hospital. Dr Philcox was one of those who was involved in 1989 in an initial assessment of the consequences of the stroke; and
- Professor Jacquez Charl ("Kay") de Villiers, Emeritus Professor of Neurosurgery in the University of Cape Town and, until his retirement in 1993, Head of the Department of Neurosurgery at the University of Cape Town and Groote Schuur Hospital.
Professor de Villiers approached me earlier this year to express his concern about Mr Botha. My response was that this was a matter for Mr Botha's lawyers, and not the TRC to raise. However, he and Professor Philcox have now supplied us with sworn affidavits setting out their concerns in detail and making representations to the Attorney-General.
The TRC has provided a great deal of material to Mr Botha's defence lawyers for the forthcoming trial and we have offered our full assistance to the prosecution. I have cleared my schedule, delayed a trip to the United Kingdom and have arranged to travel to George in case I am needed to give evidence for the prosecution.
However, the Constitution stipulates that decisions on prosecution ultimately lie in the hands of the independent, non-partisan office of the Attorney-General, and we will abide by his decision.
Inquiries: John Allen, 082- 452-7859