The Cape high court yesterday overturned the conviction of the former South African president PW Botha for failing to obey a truth and reconciliation commission subpoena to testify about what he knew of murder, torture and other human rights abuses during his rule.
The court set aside the conviction on a technicality because Mr Botha was called to testify after the law establishing the commission expired and before it was extended.
The former president had faced a £10,000 fine or a year in jail.
Judge Selwyn Selikowitz said the court knew that many people would consider the ruling unjust and that the truth commission had been established to perform a noble and valuable task. But the commission was governed by the powers granted it by parliament. The commission wanted Mr Botha, 82, to explain his role in the state security council, a group of cabinet ministers and security officials who allegedly condoned the murder of political opponents and ordered raids on neighbouring countries to kill anti-apartheid activists.
Last week the Guardian published the minutes of a council meeting chaired by Mr Botha at which a minister asked for two prominent activists to be "removed" or "eliminated". They were subsequently killed.