' . AMNESTY INTERNATIONAL U.S.A.

CIRCULAR 9

CONTENTS:

- changes in POC status POC released

- Banning orde:s 1 ifted - prisoner case reassigned

( /,g~uth

\ ~ ..

MAY I JU~lE 1 ~82

Africa/Namibia Coordination Group

Susanne Riveles 9007 Garland Ave. Silver Spring, MD 20901 Tel: (301) 585-6428

- latest urgent actions on South Africa: health concern and death penalty

-Adoption Groups volunter for SADA progranme - Update on the I ist of Governmental and Ncn-Governmental

Organizations in South Africa - Programme of Action for the Banned People in South Africa - Photographs of POC's now available from the co-group - Adoption Group newsletter contents

k~!~~!_g~~~!QP~~~!~-i~-~Q~!b_~f~l~~-~~g-~~~i~i~i_?~!~~!~9_l~!~~~~!i2~~!

~~~2~!iPPi~92_Q~_!b~_f2!!9~i~g_i22~~2:

- South Africa and USA each assign new representatives - US Foreign pol icy - Homeland pol icy - Steyn and Robie Commissions - Update on Namibia negotiations - South African raids into Angola

l-n"-tY lntematlonal Ia a wor1dwide hum&n rights movement which WOI'I<s impartially for the releue of prlaonerl of conaclen¢8, men and women detained an~ for t,..,.lr ::..eliefa, color, ethnic origin, aex, reli~>On or ianguaoe. provided they ha\1 neither uMd nor advoe&ted •iolence. Amnesty lntemational op~ tor1u,.. and tne deeth pel"l&lty In all :.asea withOut ,._yatlon and aavoe&tes fair and prompt trials for all politiCal prisoners. Amnesty International Ia Independent of all govemmenta, political fec11ona. ldee~lea, oconomtc Interests and religious cre«~a. It 1'\a.s consultative statu a with t,..,. United Nattona (ECOSOC), UNESCO and t,..,. Council of Europe, nu cooperative relations with the :.organization of African Unity (Bureeu for t,..,. Placement and Education of African Refuo-). Amnesty InternatiOnal wu t,..,. recipient of ,,..,. 1;n Nobel Prtu for P~.

DIRECTOR. WASHINGTON OFFICE Patrie•• L. Rengel ::HAIRMAN. BOARD OF DIRECTORS

• :ncent McGee

EXECUTIVE DIRECTOR Gerhard A. Elston

AIUSA Prisoner Update

Changes in prisoner status:

The following cases now taken up as Adoption cases-

223 (Ashland, Ohio) Thozamile Gqweta, President of the South African Allied Workers Union (SAAWU); originally detained last in East London in the first week of December, 1981, kept in solitary confinement until he was brought to the psychiatric ward of Johannesburg hospital and consequently released on March 3rd. Returned to the Ciskei, where he was held by the Ciskei security pol ice for another eight .hours. Thozamile Gqweta was re-arrested on May 6, 1982 and flown to Johannesburg where he will be charged under the Terrorism Act and tried with five other trade unionists in a trial scheduled to begin on May 28, 1982.

67 (Princeton, New Jersey)

64

73

.Siza Njikelana, Vice President of SAAWU, detained since early December, 1981 and will be charged under the Terrorism Act. He will be tried, along with Thozamile Gqweta,in a trial to begin on May 28, 1982.

(Berkeley, Ca 1 i fo rn i a) Patrie Mqhubelo, attorney 1n Durban, detained since November 24, 1981 . (former SADA case)

(Ithaca, NevJ York) Phulelane Ngcuka, attorney in Durban, detained since November 30, 1981. (former SADA case)

34 (Washington, D.C.) Rev. Frank Chicane, priest in the Apostolic Faith Mission Church (AFMC) detained on November 20, 1981 (former SADA case).

10 (Hanover, New Hampshire) Ida Motha, 30 year old woman, detained in Soweto on October 23, 1981. (former SADA case)

POC released again vJithout charge or trial but still banned-

83 (Washington, D.C.) Horatius Vuyisi le Mdleleni, arrested on January 5, 1982 and held in detention until mid-January, released without charge; however, still restricted under a banning order until November, 1983.

Banning orders 1 ifted-

225 (~1 Prado, New Mexico) Hel ia Phunghula, banned since March, 1979 in Umlazi, near Durban.

AIUSA Prisoner Update (continued)

41 (Deptford, New Jersey) Phalo Joseph Tshume, banned since February, 1980 in the Port Elisabeth area.

,_ -115 (Kansas City, Missouri) Thoko and Malusi Mpumlwana banned since February, 1978, to the District of King Williamstown.

Prisoner case reassigned-

227 (Hallowell, Maine) (formerly with Group 140) Charles Yeats, refusing to serve in the South African Army and requesting conscientious objector status, was first imprisoned in the Voortrekkerhoogte barracks prisoner and now transferred to Pretoria Central Prison.

A.I. ACTIONS ON SOUTH AFRICA, WINTER '81 - '82

This past winter found the South African authorities cracking down on dissidents wi~h especial zeal. As a means of summarizing some of the work of Amnesty International during this period, we are highlighting some of the cases which the U.S. Section has been working on.

There were several Urgent Actions and Medical Actions issued during this period, from December '81 to February '82.

On 3 December, the London office issued a medical letter writing action for Mrs. Koshi Xbatha. In October, Mrs. Mbatha was arrested at horne in Soweto along vith her husband and their young child. The child was released in the care of friends. While being detained, Mrs. Mbatha suffered a heart attack and was taken to Johannesburg General Hospital. Since she ~.;ras being held incommunicado, her condition and treatment were not known.

On 11 January. an Urgent Action was sent out on behalf of 14 people detained in Venda, an "independent homeland" within the border of South Africa. The 14 were among those detained in October, following an attack on a police station in which 2 policemen were killed. One detainee had died in ~overnber and AI feared that he and the others may have been tortured.

A. I. Actions on South Africa, Winter 1 81- 1 82 (continued)

By the 21st of January, AI initiated further action on the above mentioned case in Venda. The dean of the Evangelical Lutheran Church in Venda, Rev. T.S. Farisani, one of the 14 believed by AI to have been tortured, was reported to have been admitted to a hospital with serious head injuries. A medical letter writing

--action was initiated on his behalf.

On 8 February,an Urgent Action was issued on behalf of ten leading officials of black trade unions who had been detained without trial since November, 1981. Again, the action was based on fear of torture, as well as legal and health concerns.

On 10 February, a medical letter writing action began, following the death in detention of Dr. Neil Aggett. Dr. Aggett, 28, and Transvaal Secretary of the Food and Canning Workers Union, was reportedly found hanged in his cell at John Vorster Square Polic Station on 5 February. (see attached statement by Helen Suzman and summary of inquest).

-By 25 February, the previously mentioned Urgent Action on behalf of the ten black trade unionists was updated. Two of those mentioned in the action were released along with three other union officials who had been held since June, 1981. Another of the ten, Thozamile Gqweta, was reported to have been taken to a psychiatric facility. Newspaper reports at the time stated the concerns of family members who had seen him. A medical action was also initiated on his behalf.

Thozamfle Gqweta, Saawu's president.

South African Students Press l.Jnion NATIONAL

DR. NEIL AGGETT photo:Sunday Times

Johannesburg

amnesty international International Secretariat, I 0 Southampton Street, London WC2E 7Hf, England Telephone: 01-836 7788 Telegrams: Amnesty London Telex: 28502

EXTERNAL AI Index: Distrib :

Date: 24 February 1982

To: All Medical Groups

From: Africa Research Department/Medical Adviser

AFR 53/07/82 PG/CO

UPDATE ON MEDICAL ACTION AFR 53/05/82 (DR NEIL AGGETT - SOUTH AFRICA)

In the South African Parliament on 16 February, opposition Member Helen Suzman reported an allegation made by an unnamed detainee who said he had seen Dr Aggett being ill-treated during his interrogation by the security police. This followed an assurance by the Minister of Police, Louis LeGrange, that inhuman and degrading interrogation methods were not used against detainees by the security police.

Mrs Suzman quoted the following account:

"I saw him being interrogated by approximately six guys. Some left, and three remained. He was standing all the time. Later, he was still standing except he was naked. He was made to do push- ups - a substantial number.

"He was hit either with a belt or rolled-up newspaper while doing them. Then he had to get up and run on the spot, arms outstretched in front of him. Every so often he was made to lift his legs up high while running and all this was interspersed with more push­ups.

"All the while he was being interrogated the hitting with :he n~~s~a~e~ ~ent n~ a11 ~~o ti~~> e~peci?1!y if his arms sagged. He was sweating profusely and when once he nearly fell over a chair with exhaustion he was further harassed. When he got dressed after twelve o'clock, he was pushed around even then."

Mrs Suzrnan asked the }!inister of Police to investigate this allegation, which he agreed to do, although he denied the allegation totally and challenged ~rs Suz~an to ~a~e her source of information.

2/ ...

............... , .....

Amnesty lnt~rnat•onJII~ a \\Orld\\ld,· movement which "·orks impartially for the r,·leasc of prisoner• of conscience: men and women detain,·d ~~~'-""'"'· tor thl'll bd,t:f>. c·olour. t:thnic orij!.in. sex. rcli)!ion or language. provided they have neither used nor advocated violence. Amnesty lntcrna!Jonal oppos..·, torturl' and th•: death pt:nalty m all cases "ithout rescrvJtion and advocates fatr and prompt triah for all political prison.:n. Amnesty International'' 1_ndl'p ... ndcnt ol _any government. political j!roupinj!. ideology. economir interest or relij!ious creed. It is financed by its membership and hY suo~·rullion' lrom all n:trt<e nt rh,. u·nrl...t A ........... - ••. L ... -~ .- • ·

INQUEST INTO DEATH OF DR. AGGETT HALTED BY DISPUTE (reported in the New York Times, 14 April 82)

An affidavit signed by Dr. Neil Aggett on the last day of his life was introduced into the inquest on his death, causing the lawyer for the police to call for a delay in the proceedings. The affidavit charges that Aggett had been assaulted and subjected to electric shocks during interrogation sessions. The same day that he signed the affidavit Aggett was found hanged in his cell.

The lawyer for the police opposed the introduction of the affidavit as evidence on the grounds that 11 the question of whether he was assaulted before his death had little or no bearing on the central question of how he died11 (NYT). The lawyer•s announcement of his intention to appeal the admission of the affidavit caused the magistrate to adjourn the inquest.

ter nal International Secretariat, 10 Southampton Street,

1 r:··: 1:1· l •n.:riond ilf!fio.'n hr u!! i!f'f''•'.'''.',;:,· !!lt'd!l\ rli 1• imp 11.,frion EXTER::\AL (for ':. : ·, 1: "-1 ,.',·,;r/i i 1" 11'1li ;,., end luru,· ,. '·:· "1 ilt'r em,'/, inhuman or AI Index: AFR 53/18/82

Distr: UA general dis tribJt:i:8'r'fYl~ !i<'<iflll<'lll or fll/lll,fim,·;n of f1il.\ulla.' or o1!:a dt'tiliii<'J or rnrnu,•d flt'."snns 1\·he!hcr or !lor rhcy hare li'<'d or adrocillt'd riolence.

l.illltinll·fnr,·n~<liit.'/Jai .'lrarure. lrricle /(c))

10 ~tay 1982

Further information on UA 95/82 (AFR 53/15/82 8 April)- Death Penalty

SOUTH AFRICA: Ncimbi thi Johnson LUBISI Petrus Tsebo ~1ASHIGO Naph tali ~1A};A~A

================================================

On 7 April 1982 the South African Appeal Court sitting in Bloemfontein rejected appeals by Lubisi, Mashigo and Hanana and confirmed the death sentences i~?osed on them by the Pretoria Supreme Court in November 1980. All three were sentenced to death for high treason.

On 8 April 1982 Amnesty International appeaed to the State President, Prime Minister and Minister of Justice in South Africa for clemency in the cases of Lubisi, Mashigo and Hanana. An assurance was received from the Department of Foreign Affairs and Infor~~tion that all death sentences were revie\ved by the State President on the advice of the Ministell; of State in the Executive Council, and that they took into account all representations made to them, including those made by Amnesty International. This response \·Jas similar to the publicized response made to President France-Albert Rene of the Seychelles, Hho also made an appeal to the South African government. Following that reply from the South African authorities, Amnesty International renewed its appeal for clemency, emphasizing its hope that the South African government would maintain its long tradition of clemency in political·-cases not involving loss of life.

On 9 April 1982 the United Nations Security Council unanimously adopted Resolution 503 calling upon South Africa to commute the death sentences and urging all states to use their influence to save the three men ' s 1 i ve s .

Although there are indications that South Africa may decide to commute the death sentences, the sentences have not yet been commuted and could take place at any time, without any warning.

Lubisi, .·lasni1,o aad ~lanana Here all alleged to be African ~ational Congress (A:\C) guerrillas. They \.Jere found to have participated in an attack on a police station at Soekmakaar in April 1980, although no deaths resulted. They were denied leave to appeal against conviction but were granted leave to appeal against sentence.

\~ Further recor:::::ended actio:t: t ~ (I then: to cor.:..r:-~ut:.e t":-lcse Ce2L~ se::te:;.ces o:: ~ur:-_a:--.i:::arian grounds.

Letters should state that Arrillesty International is totally opposed to the death peaalty in all cases on the grounds that it is a violation of the right to life and the right not to be subjected to cruel, inhuc2a or degrading punishment, as proclaimed in the United Nations Universal Declaration of Hu~2n Rights.

I

. .. I ...

i~~i; . ...

...

·Appeals should be sent to:

Any on :the. 6o.Uowing:

His Excellency Marais Viljoen State President "Presidencia"

~rion -- - Pretoria-,- South Africa

Hon. H.J. Coetsee Minister of Justice Union Buildings Pretoria, South Africa

Dr the Hon. Gerrit Viljoen Minister of National Education Civitas Building Struben Street Pretoria, South Africa

Gene·ral Magnus Malan Minister of Defence Union Buildings Pretoria, South Africa

Copies of appeals may be sent to:

South African Press Association PO Box 7766 Mutual Buildings Harrison Street Johannesburg, South Africa

Hon. P.W. Botha Prime Minister Union Buildings Pretoria, South Africa

Hon. R.F. Botha Minister of Foreign Affairs and Information Union Buildings Pretoria, South Africa

Dr the Hon. Dawie de Villiers Minister of Education and Training Legal and General Building Prinsloo Street Pretoria, South Africa

Dr the Hon. P.C.J. Koornhof Minisrer of Cooperation and Development Bantu Affairs Building Paul Kruger Street Pretoria, South Africa

The Editor Sowe.:ta.n PO Box 6663 Johannesburg 2000 South Africa

and to South African~diplomatic representatives in your country.

The. In:teJtna):.Wna..f. Se.cJLe.:ta.lliLa.:t w<.u ke.e.p Wr.ge.n:t Ac:tWn pa!Ltic.ipan.U in6ollme.d OQ de.ve£.opme.n-t6 in :theA e. C.MeA.

[J l'kJ_,.; Lt!..:c• lrlllilc'dt:llc' :lc'!J·,>/1 ;" "'''11 :IS I ull fCc'l.'ll·c· till, l'r~cnt \,·il••ll :1:';l~JI. ( ,Jrc:ll!il rcJJ the Rc..:lllll!llt',Jc·J .-\ct i<Jn.

LL"ttcr-., :!·-_,: t~lc~r~il11:- ~)> .~d~ h:: :1r1C:· JnJ .:otHtL~!'Lb. Strcs~ tli~ll ~-~ ur ~..,·\llh> . .>rn f~~r J·.Jn1~Jn ri;lns is nut !n .tn~ \l.:ay !1\lliii~..-·:!!l:, :"::;·ti--.:1:'. 1<~···~·: ~~· ~:_·: ·-('!e\:J:1t :1;1J\·j.,j1)!·!,

i 1, .. '. '.

JJ

\rti(]c ~ -... 1 nc ·i·,.__d] :,.[_, ,U;);·.:-:-tcJ ttJ turt~1rc 1\r to

cr:JCJ. 1.·· i ~--·_·r.:.JiTJ; lJ">..'Jt;;~c-nt (Jf puni::-l!nlcnt"·:

:\rtick ~.~ ... \ ··i· < :__:]j ;"'~'-' ~.th;,\:~..·r:.:-i t11 arbitJr~. Jrrest.

Jctcnticlil, -r , . ._::~

::J The name uf\mnc'''- lntcrnJti<>IJ:.d ~an be: uscJ unlcs~ stated otherwise; althuugil. letters written in a private or professional capacity may be more effective.

__ lnt•·f!JL;iJ,·;, ,,h,:n thc :dil'~cJ ..:unnc~·tiun u( :J/1\ per,• Ill witi: :u; •'l~:nJJ/:.tll<lll wilic:h j, bannrJ in thc1r C:llll11tl"\ I' ;'r• -\1,k,l :h hJ,J,:'r"und ""'Y and should y;"t he i!~,J:].j.,·J

Ill .!·::~ :J'

__ In I r~c·nt \cli~>n c.!'~'- 1\llc>rc ..\J111•:ot~. lntc'rllJII•lflJ! i J'

I·· .:c·t r:t;ll~!:. '" :'rc'\c'Jlt tile !''J:;;,iillc ill·trc>:Jc!11Cl1t r>:·

= S~ri,_! :it k·J~t 1 1;L' L .. ·L:-~..:r:..tril tlf C\prc"::. !::tt·-..·;- inE~lcJiJtcJy

Ut 11cr icr:cn .:~n ~c· sent aftem·:JrJ, I• • ti~e· :.tJJrc>s;,c~..Ji,tc:C:.

Co;11t'S ,,. lettc'r' ''" ,uJd he sent to the rclc\Jnt diplomatic· rc;'rcscnt.rti\~' II!~ 'illr country. Copies of :.tny replic> r::..:c:ived sLrniJ be sent immediately to the International Sc..:rctanat. ur tu ~ uur national occ:tion or Lrgent Action <:t)l)rdin:.~tor. Thank the oftlcial who has replied, requesting that you be kept informed about the case. _!.

'

.....

~, .

i!;;,.

1mi, r

;

. ~ ; ,.

r--

~.·

Adoption Group Work

Adoption Groups volunteer for SADA programme:

We want to thank all those groups which sent back the clipping indicating their willingness to take on a SADA case. We also wish to thank those AI members who participated in the South Africa workshop during the regional conferences and who volunteered to participate in future SADA actions and/or the Action for the Banned people in South Africa.

However, we just learned from the IS in London that it will take a few more weeks until the U. S. section will receive these case sheets. As soon as we receive them, we will send them out to you. The following pages provide you with an updated list of SA government authorities and the programme Action for the Banned people in SA for the months of May, June and July.

Photographs of POCs

The co-group has been trying to acquire reproductions and where possible, photographs of those POCs adopted in the U. S. section. Though the file is not complete, if you are interested, please call on us and we will send you whatever we have on your case.

Adoption Group Newsletter Content /

We would like to emphasize once again that the content of Adoption Group newsletters has to be selected with the greatest care, guided by the consideration not to jeopardize the person we are working for nor those individuals or organizations that are helping us in our work. One of Amnesty's principles is not to reveal its sources. If sources are revealed, in many cases we would not reveal anything harmful to anyone but there are times when such information has been misused. Therefore, we advise you not to include whatever persorial information you find out about your prisoner - his relatives'address, the contact person's name or address in ~outh Africa, abroad or in the U. S., the relief channel you used, etc. It is one thing to have a list of names and another to connect one name to a particular prisoner. You can and should share this information with the members of your group at your meetings.

We appreciate all of your work and efforts. Just be overly cautious!

AI Index no: AFR 53/09/82 Distr: CO/AD

Government Authorities COUNTRY: SOUTH AFRICA

COM PI LED (Date) : 10 March 1982

NAME & ADDRESS

His Excellency Marais Viljoen "Presidensia" Bryntirion Pretoria

Hon. P. W. Botha Union Buildings Pretoria

Hon. H. J. Coetsee Union Buildings Pretoria

Hon. L. Le Grange Union Buildings Pretoria

Hon. R. F. Botha Union Buildings Pretoria

Dr. the Hon. P. C. J. Koornhof Bantu Affairs Building Paul Kruger Street Pretoria

General Magnus Malan Union Buildings Pretoria

Hon. Owen Horwood Union Buildings Pretoria

Hon. J. C. Heunis Civitas Building Struben Street Pretoria

Amnesty International Amnesty International

International Secretariat 10 Southampton Street

London WC2E 7H F England

Telephone Ol-836 7788 Telex 28502 Telegrams Amnesty London

FUNCTION

State President (i.e. Constitutional Head of State)

Prime Minister (i.e. Head of Government)

Minister of Justice

Minister of Law and Order

Minister of Foreign Affairs and Information

Minister of Co-operation and Development

Minister of Defence

Minister of Finance

Minister of Internal Affairs

. ····•••·····•· .

SALUTATION

Your Excellency

Dear Prime Minister

Dear Minister

Dear Minister

Dear Minister

Dear Minister

Dear Minister

Dear Minister

Dear Minister

. . ..................... - -.... -............ ······· ..

GOVERNMENT AUTHORITIES

COUNTRY: South Africa

COMPILED (Date): 10 March 1982

NAME & ADDRESS

Dr the Ron. Gerrit Viljoen Civitas Building Struben Street Pretoria

Dr the Ron. Dawie De Villiers Legal and General Building Prinsloo Street Pretoria

Ron. S. P. Botha Laboria Building Paul Kruger Street Pretoria

Ron. S. F. Kotze Vokstem Avenue Pretoria

Dr the Ron. L. A. P. A. Munnik Civitas Building Struben Street Pretoria

Ron. H. H. Smit Vermeulen Street Pretoria

Ron. H. Schoeman African Eagle Centre Vermeulen Street Pretoria

Ron. P. T. C. Du Plessis Dirk Uys Building Pretoria

Ron. F. W. De Klerk Laboria Building Paul Kruger Street Pretoria

Dr the Ron. S. W. Van der Merwe Oranje-Nassau Building Schoeman Street Pretoria

2

FUNCTION

Minister of National Education, and Minister of State Administration and Statistics

Minister of Industries, Commerce & Tourism, and Minister of Education & Training

Minister of Manpower Utilisation

Minister of Community Development and State Auxiliary Services

Minister of Health

Minister of Posts and Telecommunications

Minister of Transport

Minister of Agriculture and Fisheries

Minister of Mineral and Energy Affairs

Minister of Water Affairs, Forestry and Environmental Conservation

......................................... . ..... ... . . .. . ..... ------- .....

SALUTATION

Dear Minister

Dear Minister

Dear Minister

Dear Minister

Dear Minister

Dear Minister

Dear Minister

Dear Minister

Dear Minister

Dear Minister

CHURCHES AND RELIGIOUS LEADERS IN SOu1H AFRICA

Bishop Desmond Tutu General Secretary South African Council of Churches Diakonia House 80 Jorissen Street Johannesburg 2001, South Africa

Anne Hughes Director Dependents' Conference South African Council ~i..&~~e Mttee ~-~~~eet Johannesburg 2001, South Africa

The Rev. Fred Bell General Secretary Evangelical Lutheran Church in Southern Africa Diakonia House 80 Jorissen Street P.O. Box 31190 Braamfontein 2017, Transvaal

The Rt. Rev. L.E. Diamini Presiding Bishop Evangelical Lutherna Church in Southern Africa Diakonia House 80 Jorissen Street P.O. Box 31190 Braamfontein 2017, Transvaal

Please advise the co-group before contacting the following:

South African Institute of Race Relations Head Office Auden House 68 De·-Korte Street Johannesburg 2001, South Africa

' '

EXTERNAL

23 April 1982

AI Index: Distr:

AFR 53/14/82 NS/CO/AD

Amnesty International International Secretariat 10 Southampton Street London WC2E 7HF UK

PROGRAM OF'ACTION FOR BANNED PEOPLE IN SOUTH AFRICA: 1982/3

Introduction: The Use of Banning Orders in South Africa -

In March 1982, there were about 100 people under banning orders, of whom about 80 were still resident in South Africa, the rest having fled abroad to avoid having to live under the restrictions which banning orders entail. These banned people include men and women from all South Africa's racial groups. Some of them were restricted immediately after completing long prison sentences for political offences; some were banned after a long period of detention without charge or trial, or after being acquitted in court of political charges; others have not at any time been detained or imprisoned.

Banning orders are imposed administratively by the Minister of Justice. No specific reasons are ever given by the Minister for imposing individual banning orders, and banned people have no effective means of appeal against them. Nor is there any form of review committee. There is no independent body in existence to question the validity of the reasons which the Minister of Justice may have for imposing individual banning orders and the courts are expressly denied jurisdiction in this area. The Government, therefore, can and does use banning orders to impose administrative restrictions on its political opponents and critics.

Although the courts are specifically denied jurisdiction over the imposition of banning orders and cannot challenge their validity, banned people can be tried before a court and sentenced to terms of imprisonment if they infringe the restrictions imposerl under the terms of their banning orders.

There are certain common features to all banning orders, the most important of which are the following:

1. Banned people must not communicate with one another in any way, whether by letter, telephone or speech, throughout the duration of the banning order.

2/ ...

~·

~~ ~;~;

- 2 -

2. Banned people must not be quoted in public or private, nor may they prepare material for publication.

3. Banned people are not permitted to attend any political or social gathering - that is, any meeting of more than two persons for a common purpose.

4.

5.

Banned people are also restricted in terms of movement, usually to the magist~rial district in which they reside.

Banned people may not enter any educational institution or factory unless they obtain special permission, in advance, from the Depart­ment of Justice.

In addition to these common features, most banning orders contain other restrictions which relate specifically to the activities and asso­ciates of the individual being banned. For example, a number of black and white trade union organizers banned in late 1976 were each specifically prohibited from having any further contact with the trade unions which employed them. Similarly, leaders of Black Consciousness organizations have been specifically forbidden to have any further contact with these organizations, and at least one case is known of an articled clerk employed by a prominent firm of defence lawyers being prohibited from any further contact with that firm of lawyers. Many other examples could be given.

As a result of such restrictions, many banned people have lost their employment and have been unable to continue in their chosen careers. For example, journalists like Juby Mayet and Phil Mthimkulu had to give up their careers when they were banned as banned people may not be quoted; Reverend David Russell, Dr Beyers Naude, Father Smangaliso Mkhatshwa, and other churchmen have been prevented from continuing normally with their work.

Apart from the common restrictions, a significant number of banned people are also subjected to partial house-arrest. Usually, they are con­fined by order to their homes during the hours of darkness and throughout most of the weekend and holiday periods. However, there have been cases where individual banned people have been subjected to house-arrest for up to 22 hours each day. Some of them have to report regularly on a daily or weekly basis to the police.

In the last few years, it has become increasingly common for banned people to be 'banished' to remote areas far away from their homes. For example, Mrs Hinnie Handela was forced to move to Brandfort in the Orange Free State in April 1977, when the banning order imposed against her at the end of 1976 was amended by the Minister of Justice to restrict her to Brandfort, some 350 kilometres from her home in Soweto where she had lived for r.1any years. This banishment was renewed in December 1981 for another fi ... ·r.::: ::ca.::s. :)i::iileir:y, IJ:.- :< . .J.:::phela. F .. ~:::p~·~cle's b.:::.nni:"".6 or:l2:.-, imposed in April 1977. ~as later changed to provide for her rer.1oval to a

. village near Tzaneen in the northern Transvaal, 900 kilometres from her home in Kingwilliamstown. The amendment effectively prevented her from continuing her work as superintendent of the Zanempilo Clinic near King­williamstown, which was established to provide medical care for Africans living in the Eastern Cape. Later, in October 1978, a new clause to the banning order prohibited her from leaving the northern Transvaal township of Lenyenye and means that she can no longer serve two medical outposts she had established outside the township.

~ ~ .

. .

.

~-

~~;-.

.

' .

r . -.

,·

--

- 3 -

Most banning orders are imposed for 5-year periods. However, many banning orders are re-imposed immediately that they expire and a number of South Africans presently restricted under banning orders have been so restricted since the early 1960s. As a result, they have been condemned through administrative action by the Government to many years of social isolation and have been prevented from leading normal lives. A number of banned people have been subjected to years of police harassment and intimidation, and some have received threats from right-wing supporters of the Government. In January 1978, Dr Rick Turner was shot dead by an unknown person, possibly a member of an extreme right-wing white political group, at his horne in Durban. At about the same time, shots were also fired at the house of another banned person, Dr Fatima Meer. As a result of such harassment, and the severity of the restrictions imposed, a number of banned people have fled from South Africa and become political refugees abroad.

Since Mr P. W. Botha replaced John Vorster as Prime Minister in 1978, there has been considerable speculation about the Botha Government's apparent determination to reform the apartheid system and reduce tension. In May 1978, with the appointment of Mr Alwyn Schlebusch as Minister of Justice in succession~to the hard-line Jimmy Kruger, it even'appeared for a time that the Government might review or greatly reduce the use of banning restrictions. A leading Cabinet Minister, Dr P. G. J. Koornhof, reportedly hinted at this prospect when addressing the USA National Press Club in Washington D.C. in June 1979. However, events since that time have provided little basis for optimism.

Banning Orders: Developments in 1981-82

Some 40 banning orders were lifted prematurely by the Minister of Justice in the period between the beginning of 1981 and the end of March 1982. In July 1981, Minister of Justice, H. J. Coetsee, suddenly withdrew without explanation banning orders oh 24 individuals and in February 1982, a further 13 banning orders were prematurely withdrawn. Some of those affected by this had only a few more months to serve before their banning orders were anyway due to expire, but others had banning orders whose expiry dates were some years ahead.

The period since the beginning of 1981 also saw the expiry of the restriction orders in force against a number of banned people, and in most cases their banning orders were not renewed. However, there were con­spicuous exceptions. Winnie ~!andela, who has been restricted under banning orders or detained without trial almost continuously for the last 20 years, was served with a new 5-year banning order when her existing order expired at the end of Decer::ber 1981. Sir:1ilarly, :·:e1-:a Ramgobin was restricted for a fourth successive 5-year period in September 1981. He has been banned and subjected to partial house-arrest since 1966. His wife, Ela

4/ ...

-·

1

- 4 -

Ramgobin, banned s1nce 1971, was freed from restrictions at the end of September 1981.

The premature lifing of certain banning orders and the expiry of others led to a reduction in the overall number of people restricted under banning orders between January 1981 and the end of March 1982, but did not appear to signify a major change of Government policy in relation to the use of banning restrictions. Banning orders continued to be used as a means of suppressing non-violent critics and opponents of the Government and a series of new banning orders were imposed re­stricting the activities of black journalists, black and white student leaders and trade unionists. Often, banning orders were imposed on dissidents released uncharged after long periods of detention without trial. For example, student leaders detained in mid-1981 for pro-testing against official celebrations to mark the 20th anniversary of the South African Republic were restricted under 5-year banning orders at the time of their release several weeks later. In March 1982, four black trade union leaders in the Port Elizabeth area were banned six weeks after being released uncharged from more than eight months' in­communicado detention without trial. No reasons were given by the Minister of Justice for the imposition of these banning orders, just as no ex­planation had been given by the authorities to justify their' long detention without trial.

A number of banned people were prosecuted during the year for contra­vening the terms of their restriction orders. In most cases, when con­victed, they received suspended sentences but several served prison terms. Other cases were reported to Amnesty International where banned people were subjected to constant surveillance, harassment and intimidation by security police officers or, like the black journalists restricted in early 1981 or the trade unionists banned in 1982, forced by the very terms of their banning orders to give up their livelihoods and change their whole pattern of life.

Government Authorities

Amnesty International Amnesty International

International Secretariat 10 Southampton Street

london WC2E 7H F England

COUNTRY: SOOTH AFRICA (for use with the Programme of Action for Banned People 1982/J)

Telephone 01-836 7788 Telex 28502 Telegrams Amnesty London

eeMPILED (Date) : April 1982

NAME & ADDRESS

Hon. H.J. Coetsee Union Buildings Pretoria

Dr the Hon. Gerrit Viljoen Civitas Building Struben Street Pretoria

Dr the Uon. Dawie De Villiers Legal and General Building Prinsloo Street Pretoria

Dr the Hon. L.A.P.A. Munnik Civitas Building Strubcn Street Pretoria

Hon. R.F. Botha Union Buildings Pretoria

Dr the Hon. P.C.J. Koornhof Bantu Affairs Building Paul Kruger Street Pretoria

lion. S.P. Botha Laboria Building Paul Kruger Street Pretoria

FUNCTION

1-1inister of Just ice

Minister of National Education

Minister of Education and Training

Minister of Health

Hinister of Information

Minister of Co-operation and Development

Minister of Manpowe..­Utilisation

AI Index: AFR 53/14/82

SALUTATION

Dear Hinister

Dear Ministe..-

Dear Minister

Dear Minister

Dear Minister

Dear Ninister

Dea..- Minister

EXTERNAL

April 1982

AI Index: AFR 5J/t4/82 Distr: NS/CO/AD

Amnesty International International Secreta~iat 10 Southampton St.-eet London wC2E 7HF United Kingdom

OF ACTJ~ Fffi BAN~ED PEOPLE IN SOUTH AFT! ICA

APPEALS TO HE HADE IX.miNG HAY 1982

Andrew Uoraine - 21-year old student at the University of Cape Town and President of lhc Nati~1al Union of South African Students (NUSAS), restricted under a 5-year banning order on 29 June 1981 at the timt.• of his release from detention. His detention in Cape Town on 27 !-lay fol1 owed NUSAS involvement in lllf' anti-Republic day protest~. Held inconununicado for 2 weeks, he was then transferred to prf'ventive detention under the Internal Security Act until his release, uncharged, at the end of June. Andrew Doraine, son of Oppo~ition P .. ogresl'live .1-'ede.-al Party (PFP) Member of Parliament Dr Alex Doraine, had ea,.Iier been detained. He ~s previously arrested on 16 June 1980, the fourth anniversary of the outbreak of civil unrest in Soweto, and detained incommunicado for 58 da)s.

Banning order due to expire: Jl May 1986

Azhar Cachalia - 25-year old taw ~tudent and vice-chairman of the Dlack Students' Society at the Univer~ity of the WitwatP.rsrand, Johannesburg, banned f~ 5 yea .. ~ at the end of June 1981, when released from detention. He had been arrP.stcd in mid-June 1981 following university campu!" protests against official Republic Day celebrations. Df't.a ined initially und~.,.. the inconnunicado provi~ions of the General Law Am~dment Act, he was late.- t.ransfe.-.-ed to preventive detention and finally released, uncharged, in 30 June t98t. !lis brothe ... , Firoz Cacha)ia, was arrested with him, rt>leasPd a:-w:} banned at the same time, and bolh were subjected to partial hou~e-arrcst.

Banning order due to <>xpi.-e: 31 ~lay 19RG

Fi..-oz Cacha t ia - 2)-year old student in industrial psycho] ogy and membe~ of ttw Rlack Students' SociPty at. the Unive.,..sity of the \l'itwaters ... and, Johannesbu .. g. Brother of Azhar Cachalia (above), df'tain('d and h<'l.d incommunicado following his arre:-l on 17 June 1981. l1esl.- icted under a banning o..-de.-, which provid.:>l"' for partial house-an-est, a._ t.he time of his release f.,.orn detention on JO .June 1981. ile-detainerl in late ~oveMbe..- 19111 and st i 11 held wi thoui. cha..-ge Or

trial in solitary confinemC'nt undr> .. Sect.ior~ S of the T('r.-orist:J Act at the end of ~larrh 10R2.

Nelson Diale - imp,·isoned or .-est•·icten cmtinuously since 1962, now serving secondconsecutive )-year· bannin•J n•·der· ann .-t•st...-icr.ed to an isolaterl a.-ea of the nO>·tlJe...- 'f,·ansvaal. SE.'•·v~rl <~n Ei-ypa,- prison scnu:nc-P Joy a political offence <~tl'l wile: immediatE:ly l·anq•'i nn ,.,_,]e;l:se fY0m '\o;._,L•Pn Island in 197:.:. DetaineJ (;arl) 1<)77 and evenuwlly l··icd v;ith 11 otht'rs n;: l•C'litical chargL·s., but acquitted in Ap•·il ~o;S il:1d ···~1ca~P•!. Almost imr.l•·diat•·ly restricted un~<·r a new :>-year· banning o··dc•· aqd "l•an.i;;:::l.,_•rl'' to the nortlu•rn T..-ansvaal.

Baptiste !>laric - restl""iCtl'd l.o tht! Du~ban area tmdf>r a ':}-ypa,.- banning o-cier

imposed in mid-J077. Prc\·irmsly "'Ork<:n as a re~earcher 'lol'ith the Durban-baserl Inst.i tute for Black l<1·scarch un li 1 deiai:a:d wi Lhout cha .. ~w for se•·era l months in the secmd half of 1')';-C.. ll!' hns not hef'n cltaryed or convicted of any political off'•mc€' although dPtaincd for rno:1lhf' and now .-estrictr·d.

BA:."'SJ~(~ ORDFTI lJCE Tv EXPJrlE (]': ); ~lAY J!')f.2- .\LL AI l;!lOCPS SHU_;LD ~lAKE

STJIO~(~ ;H\PnESE~!TAT IO'>:S 10 TilE S(J."J!l AI":! !CA~ r~\"E!l~~E:\T AUTIIOf!ITJES UHr;t:-;c; THAT fillS HA:--:~·H~C OHllEI< SII(U.ll :--;uT HE HE-I~IPOSED.

Phindile !-lfethi - trade union o..-qaniser L·anncd for ') years in ~1c'ly 1977 when released after more than onr~ j••ar in detention without charge or lrial. The

banning orckr at first restrictP.rl him to Germiston, nea.- Johannc~bu.-g, t>ut was amended administrativ~ly in mid-1CJ7ll lo p..-nvidc- fo..- his "deportation" to lhf! Transkei (declared "independc:nt" in.Octol•er 197C), S('\'Pr8) hundrf:d miles from Johannesburu.

l.'w\:JN I~ G OR Df-11 Dlj l·: TO EXPl :1 E o,-.; J 1 mY 1 ql~~ - A 1.1 ,\ J c;:1 Ct.T." 51 I<.X.'LO ~tAKE

STJWNG HEPHESENTAT I0\':3 T 0 THE so..: Til .\f'l JCA ~ (j()\'En:'-<~!E'H ,\liTIIOllT I ES URtiJ~G THAT THIS RANNJNG OWER SHOL'I.ll :\Cf BE PE-1!-H'OSED.

Susan Sibongile ~lihcmbu - a ~)-yea..- old fa-mer political p.-isoncr, banned fo.­J years in June 1oP.1_ shortly afte.- her r(d•ase f,...om prif'on on completion of a 2-year sentence. A, foYmer ~oWf:'to Y-'tudo::•J1., she had hPcn convictrod in Ap~il 11)70 on char~JCS of sedil.ion, foll0"'in~J conclu~ion of the t_.-ial n.f 11 members of the South African Students' ~lovPm~:ni {SAS.'·I) a:1d t!Jt> Sowet.o 'tud•mts' 11cp..-csentativ .. Council (S.S11CL flptaincd incommunicado fnr m0rc· than on(• ~·~a~ bt'fO?"C bcinn <'llargtrrl i:-~ C0:1nPction \o.'itll inrit,.'TH..':<t to riot durin·.! Uw !'1-;'C township clistu..-Lances .,_-!:ich follo"'wl tl"' oul.brr·<J: .. of (ivil un,.e.~t i~1 So"·eto in .June 197( .•

Scntcnct.·d to an Plff:ctiv•: ~-yr:<lY p-iso~1 tcr:'1, \o.'J,ich "-tH' :,,.,.\.-·~·at PotchPfst..-o<X1

~·-em a 1 e l'r i Y-' n;; , 1 ~0 l' i I or:op t ~ 0 s c n• 1 t 11- wr: s t r' r 'nt, ann •: ., iJ 1 ; ~ ._: •

IIT'r.~an'lf.d (,:nilieb :,lax::uilili \<Jrl.ar11rl- ];'."U!Jn<j ~,,,,..,,.,,. nf t!J; C::cut.'1 \·,,,"t

·\frica:-- l'0oplc's 0.-z)a~li:->atior. (.::·.\·_.'d'\J) a:~d lon:..J-1 irr.f' :)j)ponl'rH of <:onti::ued

!Janni'1c.i ."lrc'•.'' in ~~a:; ~~; t~J· ~.~;j_c::+-·,-~2.~ (~i·-1~·c· r', , .. -::~1\·::-- t::l:,~ "~~~--,;:1·:,

i!'1 .\'.:)_r,-,]:_j;; 1n 1r")r.f-t and;~ 11-r-C·:.nr;?. t0 ~ :-t~a,..~' !!."!p~l:-:.:on:·-:-:...~:1:.. a}] Lut 0111· r1nnt!

~usp~nrl(·cl ~ in jO~)~.

H_\~~r~\~ o·:i 1E:t rtn~: J() !-:xpJ:,r: (}:.J Ji :-.::\·; 1()8:_:- ;\LL _.":. .. ~ ~~~;c~:!·:-: -::!tcl:Lu '1.~-\:-<~

STf\CN~~~ i!EPni-~SE:·-:lAIIO~;~ T\. I'I!E ~l'l~TH -"\t··~ :::-.\~~ tiC\'1-"~~:;~-H~::i _~;:·-;·!!tltlTJ!.S F!~~JI~~:.~

r; L\ T HI F h:\:';~\ ~.; \. iJ.Io JL!{ :::1 iOl.'TJl ~: iJl i'.E 1< i' .. I '!PUSEiJ.

• •• /'J

May 1982 appeals (continued) - 3 -

Petrus Nchabelcng - imprisoned or restricted continuously since 1962, now serving second ccnsecuti\·e 5-year banning Ot""der and restricted to an isolated area of the northern T~a;1svaal. Served an 8-yt'ar p~ison sentnece fer a. political offence and was jmm<'diately banned r•t ··c]ease from Robben Island 1n 1972. Detained early 1<}77 and eventually t.-ied with 11 others ·on political charges, but aCCJ.Uittcd in Ap·-il J!)73 and rc)ea.!"erl. Almost immediately .-est.·icte>d undc•· a new 5-yea.- banning order and ''bani shed" to the n<rthe.,-n T.-ansvaal.

Banning ordt'.- due to expire: 31 ~1ay 19113

Curtis NJ<ondo - 54-year old tcachc!.,- banned fo.- J yea.-s and resb·icted to the Eldorado Park and Kl iptown townships ncar Johannesbu.-g in 't-lay tC)OO at the time of his rel~ase from detention. Chairman of i..he Soweto Teache-s' Action Committee, his detention on 23 Apri 1 19HO occurred shortly aftc.- add .. essing white students at the l'nivet-sity of t.lw Witwatersrand in .Johannesburg in relation to support fnr the boycott of ~chools by "Colouredu and black ~turlents proteRting anainst inequalities in educational facilities available to them, relative to those provided to white children. Bel d for /1 wcekR wj thout cha..-ge o,. tria 1 before being released and hann(!d. r'ormer President of the Azanian People's Organisation (AZAPO), he had earlie.- been detained for 9 month~ without charg•~ following his arrest in October 1977•

In January t9l3t, his appl ieation for r<!laxation of the banning 07"der to pe..-mit. hi8 return to employment as a teacher was successful. Other restrictions

~. ~.: ... . .

remain in force, howcw~r. ~

Banning o--de..- tlue to t~xpi..-c: 11 Hay t9AJ

Dr r-tamphela Ramph£>le - medi<.:al dncto.- -"nd ~uperintcndant of the Zant.!mpilo Clinic near Kingwill iamf'tO'h'Tl hl'fnre be in~ restricted unC(!r a ~-year banning oY"der in Ap.-il 1977 and rcSl!"iCtf"d to Tzancen, no..-thern T..-ansvaal, m07"c than 1000 kilomet ... es from her home in Kingwilliamslown. The banning 0rde .. was amended in Octobe.- 1978 to restrict hP-r to !he Lenyenye township, effectively preventing he.- from ~e .. ving two medical outposts establi~hcd by D.- llamphele but now outside the a.-ea to which she is confined. Detained without t.-ial f.-om August to December 1976 following her attfmdance at a post-mo.-tern examination of the body of ~'&petle Mohapi, who diNl in sPcu•·ity police cu~t.od~ in Auuust 1976.

In 19f~o, D.- Hamphelc'~ thi..-d at tempt to obtai!\ pe-mis~ion to leave her a- .. a of ... estriction t.o E:nal,le her to !':'tudy in .Johannesbu-g was .-cfused. A place on the cou.-~H·- which concPrn!-' diseases p.-evalent. in t.lw ~!aphumo di!";t-ict trJ "''hie!• She has been reStrict~!d- hrtd beCI1 rCSf' ... YCd for !H·- at the linive•·!"ily Of th-:-Wit.walprf;rand. .She was eventually given pe-rnission to study at the Univ(;~sity for om• wr:cl~ in early tt::n2 on conrli lion that ;-he rr~po.-ted dai 1 y to the pol icc.

BA:-:N I~<i (JWE!l Dt..; P- T 0 EXf' r:n:: (J\ J i 'l\Y ! <)(;2 - ,\LL :\I i.ll aW.S SIH.J_;},!/ '-!.U;E ST:?()'~ :; HEPHESE~T,'- TI0~5 TO TilE SOUTH \1-1~ JC\:--i GO\'E!t:'-P·!E:..;T ACTilffi H IF.S l:RI.l:\G T:I\T Til LC: 11:\N~; r;c, o:HJEfl Sl!OCI.D ;'>;01 HE ::E- I~.JPOSED.

TtJald) \j:iC·:~11. -.:t·i1UIT1t- auf:(!~;. a U!l:\-c-~~'-'." .::tu~f·nt r ... or: ~"tttcrid~p~villf~ nr.:'a'"·

P:cloriR, ..-r,;o;i . ..-ict::·,; •.tndcr a ::::-~···a ... bannin~ o·-dc.- in ,lunf> 1o;-8. Ea-li<·-r!f:'tainE.ri in Oct.ohf••- 1'?~'7 anr1 hf'ld for scve ... al month!:' unr~e ... the Inte-nal Securit:· ,\,.:;t. Pr•:sccuted for cC1•1traveni•1,_; hif-' lJannjng n-dPr in :\p-il :'1P1 when he took hi!" sich; chiJ cl to a c!octO>·. Cet1\ icted in ~January 191'2 anti gi VF'l

a su!5punrlcJ ~c~tenc~.

~-

.

. : . ....

May 1982 appeals (continued) - 4 -

Chanderden Geo.-ue Sewp~:r1':adh - a 4(>-yea.- old lawye.- and P..-esidr.nt of tf1c Natal lndian Co11gre.<;s (N IC), ~est..-i cted under a 5-yt:ar bann inv o--dP.r and subjected to pa..-tial houst!-a•·rest in .runE' t92t, at. tlw time of lddesp.-ead protest against official celcb..-ation~ lo commemorate the twcmtiet.h annive.-sa.-y of the founding of the Republic of South Af.-ica. Previously banned fo.- 5 yea..-s~

between 1973 and 1978, he was detained wit..h a number of other NIC members and lawyers during a boycott of !:<Chools by "Coloured'' llnd black pupils in 198o. Held initially inconanunicado under lhe General Law Amendment. Act., he was later t.-ansferred to preventive dct~ntion at f-1odde.-fontein Bee Prison in the T.-ansvaal, and fi11ally .-eleased, uncha..-ged, in late July t9SO. In early 1930, he was charged with distributing copies of the "F..-cedom Cba.-te..- 11 , a banned document, but acquitted.

Banninu order due to e~pi..-e: J 1 ~lay ti)RG

Reggie Vandeyar - resl.-icted or imprisoned since 1963. J<'rist. rest..-icted unde ... a 55-year banning O!"dcr in ~lay 1?73 following his '!'"elcase from Rnbben Island, where he had se,.ved a tO-year p•·ison sent~nce. The banning O!"de.- was renewed {or a further 5-year period in Hay 197l3. Charged and convicted on a numb~ of occasions with cont.-avening the terms of hi~ banninu ordc~ and sentenced to 9 months' imprisonment, suspended for :; yea..-5 9 in May 1978 following conviction on 22 charges of brE'aldng the te,·ms of lhe orde.-.

Banning order due to expirf:: '} 1 ~lay lQH)

~

L >·. E:;::

~~:;

.

..

'

-

---

EXTERNAL AI Index: AFR "53/14/82 Dist.·: NS/CO/AD

April 1982 .\mnesty Inte-national lnte~national Sec~eta.-iat

10 Southampton Street London WC2E 7HF t:rt i ted Kingdom

PROGRAM OF ACT IO'J FOO DANNED PEOPLE IN SUJTH AFRICA

APPEALS TO BE MADE DURING JUNE 1982

Helen Joseph - a veteran opponent. and critic of the South Af.-ican governmeul 's apartheid policies, restricted under her fourth banning ~de.- on 25 Jun~ 198o, and thereby prohibited from attending any political meetings or from addrr.s~ing or instructing any meeting of students or pupils fo.- the 2-year period of the ban. This followed her involvement in student meetings in Durban in connect ion with the schools' boycott by "Coloured" and black pupils protesting against inequalities of educational facilities relative to thosE- available to whites, and her support for the current campaign for the release of Nelson Handela, lhf> African Nationalist tearier presently se.-vin!J a sentence of 1 ife imp.-isonmcnt..

Aged 76, co-organiser of a widf'ly-supported protest by women against the pas.<:: laws in the 1950s, shf> was first. banned fo.- a 5-ycar pf•riod in 1957, and spent 5 months in jail without trial during the Sharpcvi lle un.-est. She became the ~

first person in South Africa to be placed under partial house arrest when this or order was renewed and extended in 1962, and was banned for a third consecutive 5-year period in 1967. ln 1971, thi5 order was lifted befort.• expi.-y following an operation f~ cancE•.-. One of fou.- women to have served prison sentences _i

for .-efusing to answe.- questions about visits to Winnie Mandela, who faced ~ .. -charges of contr.avening the te.-ms of he.- henning orde.- in 1978, Helen Joseph was tH·, imprisoned for 2 weeks (.-educed on appeal f.-om 4 months) in Hay 1<178. Immediatelyf:': -after her release, she was .-e-subpoenacd, but a possible fu..-the..- priflon sentPnc•~ i~:. for the same offence was avoided when, following national and international ... · · critici~m, the ~uhpoena was withdrawn.

BANNL"JG OflDEn DUE TO EXPIRE CN JO JU:-IF 1982- ALL AI C'allOLJPS SI!WLD HAKE STR(Nc~

REffiESf.!\TTATIO\S TO THE 5(-..:TH Af-TIICA:-1 GOVEH~f.IE~T AiJTIIORlTJES IJrHil\c~ THAT TillS UANN JNG OODER SIIClri.D ~:tiT BE HE- J~fPOSED.

EXTERNAL

April 19fl:.::

PROGHAH

\

AI Index: AFR 5J/1li/82 Dis tr: NS/CO/AD

AmnP~ty Inte-national International Seo·ct.a.-iat 10 Soutltampton St.-eei London 1\C:2E 7HF Cn i tYd Kingdom

OF ACTION FOH ilA.S~El1 PEOPLE 1:\ SQlJTll AFR JCA

APPEAL.:; TO BE !-1ADE Dl~i~ 1:-.JG JULY 1982

Fanvana ~lazibuko - teadwr and d.ist inuuish€'·d Nlucati onal ist aged JF1, n~slricted under a 3-yNh- har:ninu o.·rlet· in July 1980 du~ing the wjdely-supporled boycott of ~chooJs by "Colourerl' 1 and black st.udeni!" alld pr~!sumably because of his involvemtmt. in education<'\! organisaticns formed

to promote opportunities for aJJ racial urourJs, such as the National Education union or South Afri«..:a, form<:>d lluring the schools' boycott "flich started in April lqilo. former Secretary of the lHa«..:k PP.ople's ConvPnl.ion, he was detained \vi thout charrw for some, 10 months following h:is arr·es l in

October 1977, wh1m other Black Con~c i ousnc~~ movement leaders nnd suppo.-tcr"' were also at·rest<:>d or banned, and 17 Dlack ConsciousnPss movement. rn-ganil"al ions w.;re declared i llega 1 by t.he South Af,- ican vove.-nment followi~g tl1B death j n detention of Steve Biko- founder of chc Blad' People's Conventio"l ..

\~hen .imposf~d in July 1980, the banning ard<'r specifically prohibited Fanyana Nazi buko from teaching O>' from e ntcT· ing any educational j nsl itution, which also effectively prevented his conlinm>d work as Secretary of the Soweto Teachers' Action Commilt•.'e, as assjl"tant director of lhe South African Council for Higher Education (SACHEO), and as a fotmder member of the non-racia• National Education Gnion of South Africa. Ho"'PVer, in January t<)81 - when the school~' boycott had lu~gun to recede - the banning OT·de,· "'as amend<:>d to relax certain ..-est.-ictionH, and tlH»·eby to aJJow him lo resum\.! some limited dutieR at his pr-evious pJace of Pmployment, SACHElJ. Other ..-est. .. iction~, such as those confining him to the mag i1"Ler ia 1 dj st.ri ct of .Johannesburg and p ... ohihi ting him from aLtnncding mectinys and fr·om ,,,..it ing for publication, remain in fo..-ce.

Danning order due to expir~: 31 July 198)

Dr Fatirra ~lel'r -banned fw a consecutive 5-yt:ar period on 31 .July 1981, the date "i1en her ot·dc..- of .luly JQ76 wa~ due to cxpi,-e. She had previously been Lanncri in the jq")Os, and w-3..!" mH.' of t.hf.! defendant!:' acquitted in the T.-eason Tria} of 19':>G-61. Spent fn.u,.. month~ in LlE>tentie>n without charge o,... tt·ial at the end of 1976. A 1cct.urE:r in !"ociology at the t:niversity of ~!ataJ, f)..- \1eco· l1ad to obtain :=::pecial permiF!':.ion tn continue teaching, but in terms of tile banninv order noD<:· of he.- acaderr.ic w'T·itinn can: .. ! puhl.ished. He.- passport \o"a.S withd.-.1,,'11 .in!!'}('"; and subsPquent appbcationF have been .-e.fuscd 1 prt:!Venting he,... f•·or.i

acceptin!J a fE·llowship to lPctUrf' in London. ln 1Q80, two ~upremc Cou•·t jwigcs set aside a stmtenc1• impos<·d for aJ1eaed1y attending a social gathe,·inu, ~tatiny lhnt. Lhe rkfinition of a :-ocial gat.hF>rin~~ cont.air.ed in Lhc bannina orde..­was nincorrivi!Jly obsru.-e'' and tllf· validi~'i of tltf~ tc•·m the,.<··ferP void b•;cau!";:, of its 1mcer ta in t.y. This decision, however, was subsequently reversed by the Appeal Court and a 3-month suspended prison sentence was .-ein:o::t.at.erf.

n ... "-lee.-'~ ~en, Hashj,! '·1c·!:r, j~ a]~o ba!lnf·S.! t•ut htis iPft thea COUllt..Y"y :in otidc~

t:o e~ca·pe thr· •·est..- .i ct ion;:;.

SELECTED INTERNATIONAL NEWSCLIPPINGS

..,/"",

l'~es

Reagan's Choice for Pretoria Herman Wilhelm Nickel c:?/

/~y-;

'/cf< By DAVID SHIUBMAN ~ 19 Tbe Nf:w Ycrt Tm>es

WASHINGTON, March 23 - Her- board of editors at Fortune $5 000 to man Nickel, whose nomination as the write a monograph on the ~~t-for-Uni~ed States Ambassador to South mula dispute. Mr. Nickel said that Mr. Afnca was approved by the Senate Lefever d.id not indicate that his Foreign RelaUoos Committee today, Ethics and Public Policy Center had is a German-born former journalist received a contribution from Nest!~

who has been active in S.A.~ a leading manufa~ of infant Man the National Association formula. "I never would have touched in the for the Advancement of this If I knew Lefever had been taking

Colored People, was re- money from the muufacturers," Mr. News fused a visa extension by Nickel said. · the South African 'Gov·

emment and was at the periphery of last year's controversy over infant­formula sales to the thlrd world.

The son of a Jewish mother and a Lutheran father, Mr. Nickel was born in Berlin nearly five yean before Hit­ler became Chancellor, anc1 he speaks of the scars that insUtutlooa.l.lz.ed ra~ Ism leaves on individuals. ·

Mr. Nickel ha! also written that American investment is a tool for peaceful change in South Africa. That and other views have raised questions about the nature of Wa!h.lngton's rela­tions with Pretoria and the Reagan Administration's policy of relaxing export restrictions to South Africa.

Opposed by Some Ch~ Groups Although the Senate panel voted, 10

to 0, to approve his nomination, his se­lection by President Reagan prompted considerable controveny •. Church groups fighting aga.lnst apart­heid and American investment In South Africa opposed hi! nomination.

Mr. Nickel, in a series of articles on South Africa that appeared In Fortune magazine in 1978, said that the United States should "make it clear in word and deed that its policy Is based on the rejection o! apartheid." But he said that economic sanctions against Pretoria ~•ould "produce mass unem­ployment among South African blacks and create a situation that invites vio­lent rather than peaceful change."

Mr. Nickel's name came up briefiy last year in the stormy debate over the nomination o! Ernest W. Lefever to t•'! Assist2:1~ Secre:ary o~ S:a:e fer Hu:":'la."'l P.i;;:.ts. ~.!r. Lefe·.-':.,; cr:c:~:: ~1r. :-;:ck":l, tr.e:; a mer:1ber of the

He never wrote the story and was never paid, but he did write an anicle on the subject that appeared in For­tune and that was later circulated by Mr. Lefever. the piece Included a phrase, which Mr. Nickel said he did DOt write, that described critics of in· fant formula as "Marxists marching under the banner of Christ."

In the end, the United States was the only country tD vote against adopta. tion last year of a World Health Or­ga.nl..tation code designed to discour. age overseu sales of formula as a breast-milk substitute.

The son of a tobacco mercl-.ant, Her­man Wilhelm Nickel was born on Oct. 23, 1928. Though young people of mixed IUlcestry were not permitted to receive aecmdary education, he re­mained in school through the collusion of a prindpal. He Wa! eventually In­ducted into an antiaircraft unit In Ber­lin, where he served until the last days World War II.

Came to U.S. After War At 18, he woo a scholarship at Union

College in Schenectady, N.Y., and be­came the fi~t German student to come to study in the United States after the war. "To my utter shock," as he recalled it, he was offered a place in a fraternity that d.i!criminated against blaw and Jews.

At 20, he joined the N.A.A.C.P., focusing on the integration of local de­partment !to~ and state housing projects and attending the group's 1951 natiOilA.I convention.

Mr. Nickt:l be---..ac:e a t.:rJtr:d Scates citi:,f~."l i:11:;:_,~. J .... s a c.;:--:-·::~;>:::':!t::t fc~ Tim~ mag~re tsr :D year-s,::--.':! ser .. ·ed &.! the magazine's b~..au chief in Lon-

n.t~Y.rtn­

RejeCfS both apartheid and aanc· tions against Preton·a.

don, Bonn and Tokyo. The South Afri· can Government gave no reason when It refused to extend his visa in 1962, when he was the magazine's corre­spondent in Johannesburg.

His wife, Phyllis, is the daughter of the newspaper publisher and colum­nist Claytoa Fritchey. They have oae son.

Opponent of Nom1nat1oo Mr. Nickel's affiliation with tbe

N.A.A.C.P. did not won him the sup­port of Herbert Hill, who for 2! yea~ was national labor director of the N.A.A.C.P. and v.·ho remem~~ Mr. Nickel from his Schenectady days. "That was long ago," said Mr. Hill, now a professor at the University or Wisconsin, "a.:1d I think he ha! con­veniently set that aside or used it to justify his current position."

Mr. Hill called the nomination "ap­palling" and added, "He simply h~ no C!":<:!ent:a}s t.'1a.t justit:r· th~~ e:r.cept thJ.t r.e .,.,iJ ce:f.:tracc: ;a::ia; sup-:;r.­ority ar,d o-..erseas ex;·:c::a:iSJn i.n tr.~ narr.e o! a.nti-Coc:rr.'.::..: s ::1.''

'I

·-

~ . . -

fj

FOREIGN POLICY it6 -SILENC IS NOT GOLDEN by john Dugan/

The Reagan adrninistntion's policy to111-ard South Africa is at last b~nning to take shape. Speaking to the American Legion in Honolulu on Aucrust 29, 1981, Chester Crocker. assistant secr~n· of state i~r Africa. confinned the oppositi.on of the new· administr;ltion to the •abhorrent" policy of apanheid. But he then assened that "in South Africa ... it is not our usk to choose betu·c:en black and white."

This suremer.t has been w·idcl~· consrrueJ JS

a retror from President Gncr's suppon for racial justice in South :\frica and as a st~rn oi the Reagan administration's Jetennination to sec the South African siruation simply as a contli .. 't between black and white-a perception not shared bv moderate blacks or 111·hites in South Africa. Later. on October ; • 1981. Crocker told a meeting of the Council on foreign Relations that the Reasran administration wanted to re­store momen-rum to the neeotiations aimed at achie\'ing independence: f~r :"amibia irom South Africa. This policy. he: cl:1imcd ... cr.uld only be: done through a process of quiet and private diplomacy, one in u·hich our bona fides would be cleuly established 111ith South Africa .... "

Washingtcn has backed up its statemenu with action or, 'more: to the point. inaction. Gone are the loua condemnations of South Africa's racial policies that characteri~c:d the Carter administntion; silent diplomacy has re· placed vocal diplomacy. Although it is too soon to assess the full impact of this new style. some: tenutive conclusions may be drawn from the fine \'ear.

Fir=st. quiet diplomacy might pay off to l

limited dC!)l'ee u·ith respect to :Samibia. It has succeeded at least in rc:,·i,·imt talks ben.-c:c:n South Africa and the internatt~nal communir~· O\'C:r the furure of the tenirorv. Second. the RC:Jgan administnriun has not succeeded in en­couracin~t reform within So:Jth Airic itself. On th.:: c~nmry. clear signs of b:ackslid:ng by the South African Q;overnmenr :tnd of l rt:rum to old-style nci:tl politics ha,·e appeared.

• Thr! Aui(Ust-October 191i I parliamenur:-· session in So~th Afric produced no legislative reforr.1. On the ronrnn·. l~slation confemn~t ;v-C:tl!ed indepmdenc~ on- Ciskei tir.n!y e~: ~·~~'H:e:·~ ;;.';3:-:t:e:d b-.· a:~i:.-:at:!•: de"J:-1 .. ;i!1g

s~vt:--:: ::-:::::o:-: c:s~~:;:;·:-.s r/:-~::-=.~ 5~-~·..:~:~ -~·~:·:-::-:..4.~~ c:r:ze:-:s;:;::;.

• R.:.c.;~ st.lrutes such as tne pa!s la•;•s . .... ·hich obiige hiacK5 :o carry passes and to JUS·

tiiy ~ht::r pr~scnce :n whne :arc-as. •nd the

14

SPRI~G 1982 Group .\rea:s Act. which di,·ides residential areas in the cities :alon!Z r:~ciJI lines. hJve been eruorced wich neu· ~igor. In July-:\ugusr IQS 1-miJ-\,inter in S<•uth .\iric-thc: au-thorities :arre-sted black squJcters in the :" yJnga district oi Cape: To111-n and deponed them to Transkei after destroying their shacks. Such a public display o( bnu:a.l pass-law enforcement has n<X been u.imessed f<X man\· \'ean.

• I2'T!orin2 dem:ands for repCJi di the Group Areas-Act ;;om \l.ithin itS own ranks. the: :Sa­tiona! PartY IZO'·emment has inrensilied rhe prosccutio~ of Coloured (mixed nceJ and ln­di:an families illeg:llly occupying premises in u.·hitc: arc:~s.. Prosecution continues despite public knowledge th:H no housing is :1\ailahle for those families in their o" n desicn:~ced Jr~s.

• Detentions without trial and pol1ce aggres­sic.n ue on the increase.

• .-\rbitr:try "bannings" ue also continuing. Internal Security :\ct 79 adopred in 19~6 al· lows the: minister. of justice to impose: scH:rc: political and personal restrictions on a penon by a bannin! order. In pnctice such a person is confined to a particular city and is prohibited from publishin!, teachin~. or c:n~ging in any form of politic! acti\·ity. The law also pro­hibiu a hanncd person from associ:atin~ with more th:~n one person :at a time .. ~ hanned per­son cannot .11ppc:~l such an C'{ecuti\'C order in a coun of law·.

Tht Sr_ylt Change

In shon. the Reatlan administration has f:~iled ro promorc: rc:fo;m wirhin South Africa. [\·en more: disrurbing, quiet diplomacy nuy have pc:nnitted a rerum to the more extreme forms of racial domination. One: could argue that Pretoria would not bc:ha\·e in the same "·ay if the: Caner administration's policy were in effect. Whether or noc this assessment of Washington's new policies is correct, the mere fact that it is taken seri'>usly both in South Africa and the t:nired Sutes rests the credibil· iry of the Rogan administration's appr02ch to South .~fric:.a.

The distinctiOn bet\l.·een totJiitarian and au­thoritarian regimes still aypears to provide c!lc key to the 3dministrarion's human rights P"li­cies. despite the recent release oi a S~tc De­partment memorandum chat lpparend~- alters Reall:ln·s initial stance. T vtalitarian relZimes­such as the Soviet Cnion-are alle-g~ly be­yond redemption. becuse the;· lack any visible SlgTIS Of democr.cy and ha\'C no instirurio~l capacirv for change. Here. according ro the theory. the C. 5. govemmc:H m•y publici:· ~nd

thontJri.~n :--e::;me.s -sue~ i-S \;z~:;~::-14 -'·r-. :..'le ocher hand. are said :o .~a' e -so~e 0i ~:-:e r:rappings tJi democracy-such H • ?r~s :-:r,r

Conti~~e~ or.?~. ·=

•

I t

I

SILENCE IS directly controlled by the regime, some Ln<ful political opposition groups. and a limited measure or iree speech. Such regimes ha,·e an insrirut1on3l opacir~· ior ch3ngc and ue nor beYond conversion pro,·ided that they are not sub1ecreJ to a public human rights crusade by the C nited States. Proponents of the theory claim that persuasion, qviet diplomacy, andre­\lo'Vds arc the appropriate instruments of redemption in this case.

South .-Hrica f.1lls inro the second c:tr~nrY. Although the :":ational Parry government is a~­thoritarian, it recognizes a v•hirc political oppo­sition. holds r~lar elections (:~lbcit for "'·hires only). declines" to suppress all black political dissent, rolcr:Hes a measure of press freedom. and rakes pride in the independence of irs aJI. .,..·huc: judic1ary .. \toreovc:r, the: rc~me has in its rhetoric commirrc:d itself to reformist policies and promised to move a'••ay from racial dis­crimination. According to totalitarian-authori­tarian criteria, South Africa clearly qu:~lities

for quiet diplom:~cy. Thus Crocker hu described South Africa

.1nd the: C nited St:ltes as ~friends" and has ac­cepted South African government cl:~ims that Prc:tori:1 sc:c:ks reform. He: has also emph:uized rhc: ''improvement in practice on some: human rights fronts through the non-enforcement of wme cxisrin~: racial laws." He has com mined th'e l'nirc:d Stares ro a policy of "constructive: c:ngagc:mc:nr" in South :\£rica provided that the all~ed mo,·c:mc:nr away from apartheid con­tinues. In addition, Washington h:~s criticized the shriil denunciations of South African poli­cies hy previous administrations.

Apologists for this policy emphasize that a chaniZe 1n srvle rather than in substance: has take; pl:~ce .. The: Reagan administration re­mains opposed to apartheid, d'ley sa~·, but fnors a less hostile. less confrontational method of communicating it~ views. Adminis­tration ofticials do nor publicly condemn South -\frica ·~policies; abstentions and vetoes replace affirmatl' c: Jnti-South Africa votes in the L'. :":. Security Council; and L'.S. dip!omats in South .-\fnca bcha,·e more "diplomatically." eschew­ing s~ n:holic gestures of sympath~• for the op­pressed. including mending political trials or funerals of black leaders. Gner's shrill diplo­mac~· iaild. thi~ argument maintains. and a ne-...· styic that promises to be more effective: has thereiore reolaced ir.

Bur rhe ~ew pulicy may nor in fact pro\'C mure eifectiYe. The Report of the: Study Com­mission on C.S. Policv toward Southern .-\f­na. So:;th Africa: Tim(. Runmng Our. stares:

!;; ~~!:::~ns !:>~~\vee~ ~J~:c~~~ sn·!e c .... :J<)r ~e :--.e::i·: Ci·.-orced :*rrJr:: ~ubstJI'.Ce. ·:-~H:

L. :!ired Sraics for ,·ears hac! conc!e:-:1ned aoarth::id in rhe L'nired :":ations. It took a change 10 style [under Grte:] to register :he

NOT GOLDEN (CO~TINUED) m~sage that the L'.S. Go\'crnment actual(\· mont it and that ro:lations were bound t'o ·deteriorate· iunhcr ii South Africa made no • dnmesric o.:hlnges.

Thus ·~uier diplnmacy might well le:~d to a return ro the: pre-Grtc:r er:~.. when the gently urrcred appeals oi \\'ashingron fell on the dcai cars of Pretoria, which in many airical situa­tions hears :and understands only shrill denun­ciations. The specter of respect foe domestic iurisdicrion. bclovc:d of both the RC2£an ~d­minisrr:~.tion lnd the South :\irian ~overn­mcnr. haunts the ne~· polic~· makers in- \','lsh­ingron. It already sc:cms to ha\·e resulted in not merc:l~· quiet but also inaudible diplomacy ro­.... -ard South :\irica.

.~udib/( Diplomac:-·

.-\lthough ar first sight South :\frio dfJCS ric ncatl~· into the toralir.arian-authorit:~rian di­chotom\·. a closer look re\'c::J(s that :a \ arietY of factors distinguish Pretoria from the proto~·pe authoritarian regime modc:led on a utin Amer­ican dictatorship. On the one: hand. South Africa is further from redemption than the tra­ditional authoritarian regime. For in a .,..·orld that has set itsc:lf dererminedlv :uzainst racism. South Afric:a maintains IC~Zalized and insntu­tionalized racial discrimin;rion. On rhe other hand. because oi the cultural. philosophic:~l. and historical heritage that it shues with the l'nircd Stares lnd \\-:est European po"'er\-J common bcmd that Prewria repeatedly empha­sizes-South .\inc:~. ml\' he far easier than m~n~· other countries to pu~h rou·.ud chJnge. South .-\frica is thus a speci2l case that rc:qu~res special rrcarmc:nt. The t: nited States on nor suhic:ct ir to the same benign ne~lect thlt -...·ill probably be the lor of human ri~hts offer.ders in utin America.

During the Carter presidency. the South . .t,f. rican go\·ernmc:nt com mined itself in word and limited deed to the dismantling of some: of the discriminator~· laws ·that compose the 1~:~.1 structure oi aparthcad. Rc:pressiun snll c~n­tinued but without the: rigor that characterized the implementation of the security laws before 197!1. C.S. audible: diplomacy from 19~7 tt• 1980, however. recei,·c:s lirrle credit ior these: chan!Zes. Instead. mam· credit the 19:-'b el~ction of P.i.\·. Borha as pri~e minister to replace: the ailing and discredited B.J. \'orsrer -....ith the chan~:es that occurred. Borha did disolav ~ com~irment to change that was bckin~ !n. his predecessor. :"c:Yerthdess. the rei<>rm"s mu~t be seen in their puliric.al conre:~:t. and L'. S. foreign polic~· ... ·as :1. rrujor factor. One: must g1\·e some credit ro \he Grtcr •C:ninjsr:"'Jt~or. . ~ ' . !u:- :~::::~,.~-.::. ~ ~~:;;·.;.:·~ i;; Jr:i~...:G'::.

T.1ose ·.;. ~.o dr) ~Gt share this ·.-ie·.\· JG:;.t :0

me 19-- ~ational Parr,· dec:ion ··.-:c:o~··· • r . ~

I SILENC.:: IS :;'0'!' GOLDEN

which they blame on Grtc:·s high-proii!t: di-plomacy to1nrd Sc,uth .-\!rica. This cYenc con-tinues to color C.S. thinking 0n rcbtions wirh South Airia and ma.v partly expJ.m the cur-rent roort to quiet diplomacy. For eumple. in a recent article Crocker declared that ~wash-ington hdpcd the National Pany achieve its most massh·e electoral victory ever." But even if this is true. the loudness of Gner"s policy may not ha,·e been at fault.

South Africa may be far easier than many other countrie:~ to push toward change.

In 19;"7 thrt:c major events cxaccrb.Hcd rela­tions bet'-'·een the C nired Scares and South .-\f­rica. First. \"ice President \\"after .\1onc:!ale caused an uproar in South .\irica by :1 state­ment follo"ine talks with \" orster in \"ienna that South Africans construed -or miscon­strued-as indicting l'.S. support for uni­\"crsal suffrage in a unituy South African state-the drc:~dcd one-man-one-,·ote policy. Second. the l: nitcd Stares openly criticiz.ed the circumstances surroundine the dc:~th in a South African jail of black leader Stc\ e Biko ~nd the South :\fncan gon:rnment's callous e.'<­planation of this tragedy. The anendance oi DonJld .\1cHenry. then C .S. deputy ambas­sador to the t: nited :"'ations. and L". S. Am­bassador Willi:~m B.,wdler at Biko"s funeral dr:am:atized the C.S. stance. Third. the l'nited Stares strongly condemned the October 19. 19i:'. executive decree th:H arbitrarily out­lawed dissident organiz.arions. ncwsp:~pen. and indh·idu:als. :\s :a result the t:nired States supported a t.:. :"'.'resolution imposing; a man­datory embargo on arms for South Africa. In this beleaguered international environment the :'\arional Party incre-ased its parliamentary majority in :m c:lcction. During the- campaign irs leaders portrayed Grter as the l:!rcatest thrc:ar "·hitt: s.,uch :\frica had recenclv faced.

:\ny analysis of the influence rJf .~mcrican foreign policy upon the c!t:ctinn muH distan­~ish llctwccn .\1ondalc's ~taccmcnt and the firm C.S. condemnari,,n of human rights ,·io­l.aions. .\1ondalc's uniorrun:He c~mment. ·.~·hich South Africa attacked as an attempt to dictate domestic polic:>. gave \' orsrer the op­portunity to proclaim aggressiveiy rh"c the t:nited States was seeking to inrcrfcrc in Sn·Jth Africa's domestic affo~irs b~· prescribing :he type ?~ constiru~on.al .orde: r!'lat would be ac­ce;::r:~oie :o t.'lc Lmte~ S::;r::;. ln cor.:~:~st. t:<~

re.spuns~ ~odie l~ . .S ~~:-::...~:.:":4~J .. r:~ '.J .--::..:;:--. .:..-. rights VIolations •J.·as :nore de:-ensl\·e. l.'tl­~tcly. a iter its initial dispiav oi callous unc')n­cern. the South African go,·crnmcnt became increasingly sensitive to the: outcry against Biko's death. Similarly. Pretoria l;mr realized

16

fCO~TINt:ED) that it had exceeded th: limits of intc:rn:nionai toler:~ nee in its October I Q decree. Consc:­quentl~·. although the go,·ernmcnt made polit­ical capital our oi the hostile \\'estern support for sanctions. it apparently accepted the in­e\;rability of international outrage over gross human rights violations and proceeded \l'ith s.')mc responses designed to reduce foreign criticism.

The events oi 197-. thcrciorc. do nor sup­port the argument that a highly ,·isiblc and audible diplomacy in defense: of human rights is counrcrproducti,·e. Rather the~· suggest. as Crocker himself contends. that the L" nired Smcs "·ould be "·ise to .address itself ro short­or medium-term I!Oals r:athcr than to the goal oi obtaining full pniiual participation. Th-us. on the one hand. the C nited States would be well­ad,·iscd nut to ad\·OC3te a particul.:ar poliocal solution for South Africa. because this ques­tion is a matter for South :\frians themselves to determine. On the ocher hand. an unequi,·­ocal U.S. commitment to the abolition of staru­ro~· racial discrimination :and to the removal of politic:al repression. including usc of shrill denunciations if necessary. is :appropriate and can be cffccti,·c.

Suurh :\frio is not the only state rhu .denies full political participation. Irs cl:aim to special treatment lies in the fact that irs ]Cf!al cditice and polirical institutions arc founded on ractal discrimination .. \ioreovcr. although the secur­ity l.:a"II.'S arc in theory non-r:aci:al. in practice they arc implemented in a discriminatr,ry manner against non-whites. L'ntil Pretoria abolishes irs discriminatory la"ll.·s and restores the freedoms of association. asscmblv. and speech to blacks, the environment nc~nu~· for a just political solution \l,·ill not ex 1st. By focusing attention on racial discrimination in South Africa, the l:nitcd Stares can demon­strate irs cor1mirment to racial equality and at the same time contribute to the creation of a political climate in "ll.'hich negottation and CQn­stirution building become P"ssible.

C.S. Rrrponu Bert Fruit

The l' nitcd Stares is peculiarly "·cll­qu:alified for the role of human nghts mnniror in a racially divided society .. -\I though irs racial composition differs fundamentally from that oi South .\(rica. it has experienced the agon~· oi r:acc conflict and "11.-itnesscd the transformation of its legal order to accommodate the cqualit~· of the black man. Southerners in the Grrer admi7,is"aricn-including Grrer himse!!'. t..:.>:. \::--;::;.;:.s:::J::::.:- .-\r . ..::::·v ':".:·c:-:; . .;;-:.~ ::>~~.:

Depar:me~: spokes:nJn n r .... ::c:, n? G:-:c:-­emphasized :ilis exper.cnce. \\.!-:en :ne:: ~xag­ger:aed simd:ar!tJcs md oHr!c.-o;.ed di::-ere;,ces. this comr:~rison drew a sharp rebuke :'rnr.1 Pre-

Continued on ?g. 17

SILENCE IS NO~ GOLDEN toria. But at the ~me time ~ measure of cmpa· th\" between the Southerners in the Carter ad.ministration and white South Africans. oiten acknowiedgcd in pri\"atc but not in public. arose from common awareness oi the traumas inherent in the process oi dismmding racial discrimination.

In recent years the mantle of moral leader­ship -..ith respect ro South Africa has fallen upon the United St:ates. Britain has played its last ord in Africa-Zimbabwe. lr has aban­doned irs historic role oi moral le:~der of the English-spoking people of .~frica and is now willin~ to iollow the l".S. lt.~d <in :--.:o~mibia and South •. ~inca. Furthermore. British history af­fords no civil rights tr:~dition comparable t•' that oi the C nircd Smes upon 'd;ich poli­ticians may Jraw in their lpproach to South Africa.

The Reagan aJrr.inistrati•m has publici~· op­posed the policy oi apartht:Jd. :\!though Crocker's statement that the admini~trati•>n

would not choose between black and white in ~uthcm Afrio is hiqhh· amltic:uous. \\"ash­in~on has not firm!; i~diotcd that it will ad""opt a ncutral.stancc.on radal justice in Snuth Africa. In the ab~encc of .1 clear sratc:ment to the contran·. the Rca~rJn administr:nion. like its predeceSsors. is coritmirted to the quest ior racial justice in South :\fric.2. But a real possi­bilirv exists that the administration will pursue this ·goal so quietly. -..ith so much re-gard for diplomatic niceties and proprieties. that it -..·ill ha\·c lirtle impact in South :\irio.

·Quiet diplomacy -..·ill probably fail to galva­nize the disinte~atinsz reform -..insz within the National Pam· ~o act~ .\lcanwhile."thc ,·oice of the ri~rht win'~ and that of the extreme prl)­aparthcid He~stigte :--.:asionalc Parry IH:"Pl. which demand a rerum to tJ;aditional South African racial politics. -..ill grow more strident and consequently become less resistible. The South African business community. not prh·y to diplomatic communications. might then lapse into the warm comfort of the: sr:arus quo and lose interest in industrial reform. :\nd. most important. blad; and white opposnion groups u.ill interpret C. S. silence as acquies­cence: in aputhc:id. Consequent!~·. if the C nited States pursues the short-term objc:cti\·c: of advancing racial justice: too genrl~·. long­term disaste~ mav result for AmeriCJn interests in South .-\frica. ·.-\ gentle approach "'·ill neglect the very evolutionary forces it claims to support.

Such a C .S. approach may also ad,·ersely affect consrirucncie:s outside: South .-\frica. The \\"cs-::e:-:1 po•.,l·e::-s. •J.·hich h~\·: 3t\empted to keep ~-Jce -.~·:r~~ \;,·::.s.-:;:-.;:·~.:1·5 co:-:c!::-~: f"c: ~·...::-:-.. ~:-~

rigins :n tt:~ (:J.~~=- y-;:;::-s. :-:1a:· :a:s.J rc~_:;:-. ~.J a more 2~ntle dio;o::1;.;r:c stv:t:. ::1. ~ee~ine ·;.:t."J tnJiti~r.4l \\"~t G~0pe:~; prefcrenc~ f,;r ;,)'.,.-

17

( CONT 1 NU~D) protilc diplomacy and high·protile trade. :\t present. how.:,·cr. partl~· as a result oi the chance: oi l!o,·c:rnmc:nt in France. no e,·idence uf s~.:h ; rerre:Jt exists. Fin.:~ II~·. much of the mccnn,·c: ior :\mcnc:.1n corporations to ad­here: to :he Sulli\"an principles go,·cming iJir employment practices will disappe:~r ii Washington liits its pressure.

In brief. althoug-h quiet diplomacy has a role: to play. it should noc become the rule. Public denunciations of South :\irian policies and pamcubrly pracoces "·11! inc' Jtabl:: oe m,,,.: cifectin~ on ceruin •x:casiuns than silence m a<h·.:~ncinc: c,·olurior.Jn· .:h.:~r.cc in ~he ~·nur:rrL In the es-c ui B: i.;.,·~ d.:~th. iu~ curnrle. had the l' nir...-d States Jnd other \\"e~!ern powers .:•m­tincd :hc:m,eh·e~ ro diplom.uic.1lly commuru­Cited -=:~.pr~sswn> oi ..!tsmJ\. Jn,l concern. this epis0dc: wou1J ha' c: haJ ii"ic: implct. Rather. the puhlic .1ss<x:iauun •)i the l' .S. !.!''''·crnment ":th the .:unJt:mnauon~ oi Biko's death re· >ulrcd in .1 measure oi reform in the executwn oi the security laws. at least until the Februu~· 1981 death of :"eil :\g~ett. the white l.lt)t)r union sccreur\·. In contra~or. no one: until :\~!.!crt h2d di~d under these laws since the Biko inquest in :--.:o\·ember 19:":".

In 19i8 the South African go\·emment intro­duced nc..,· rules for the trl.":ltment o( deuinces ar.d appointed two senior 12wyers tt) mnnitnr this treatment. In (9;'9 the re,·clarions uf the: Biko inquest prompted demands fmm "ttl'::., go' emmcnt ranks ior a rc\"icw of the \ccur•!v laws. :\s a result the go,·crnment aypot:1: ;d a cummtssion of inquiry to exlmme the )..:CurJt~· llws. The c\"idcnce clel:i\" mJJCJtc~ t.:Jt the l".S. resP'·n~c: to the Bil.o .:a~e L•,rc: fruit In­deed Cmckc:r him>clf acknn,,lcdgeJ thlt ..,·cr!..~J fla!:eliJuon and lcc:ures from the .\mcrican p"ulpit .. ha\·e resulted in .. m"re ci\·j. lizcd police bcha,·ior in South Mrica."

The Biko case -...·as not an isolated example. ~1ore dun 40 people had died in detention be­fore Biko's death. Shrill L" .S. dcnunci:uinn nf thc:~c: dc:::!ths 10 the :nid-(1)(,0~. when :he: prnc­c:~s started. couid hJvc: 'l' .:d many li·•c~. Thl> tnl!ic esc: demons~r:ltcs thJt there h:a,·c: been and ..,ill be occ.2sions wh::n open censure is -..·arrantcd. crcdihle. a:1d produt:til"e. The~ m­cludc: the folluv•inl! atC"lS:

> .\"r.:: Jzrcr•m•r:""ar-:ry i.a·.;:s. Bntha ailed the: I~; clectiron ~'' S[rc:n~c:n the: :·tr:::nt­rc:ir,rm-ia.:m•n m the :--.:"ational Party. B~t the c:lc:ct1on had rr.c: opposite eifecr. The :--.:anonal PJrrv los: suooort on both the leit-to the Prr.~­~.:s~ivc: F cd~ral Part~· IPrPl-and ''" the r~g~Jt-to the H:"'P .. ·\lthou!!h the PF? g:~ins can he ccn,rrued :as ~upport ior more ra?id reform. !"':"'::ss:·~·c ~!e;::r)-J! ~:...:O?•)r: fr .. r t~e HSP Cc;nr,r:~

S7~dt·~s. rr:,C:~.r,:::.: '~.Hir,~Ji /;,;:-<· ···'~\·.:~ :::~)~:;:::~

f'ac:l·~:-: ·.4-ith t:-:e re~tJrms :~at ha\ e bee:1 r:;.~.;e

or pr0miscd.

SiiENCE IS NOT GOLDEN (CONTI~UED) The magnetic pull of H:-..-P policies v.1ll ine,·i­

t2blv 2row as the majoritY oi Sational Party me~b~rs oi Parliament ·are more seriously threatened bv the HSP-,.,·hich draws its ~ from the rradirion.ally .:"ational Party voters of rural, Afriwns-spealcing areas­than bv the PFP-which dnws most of its sup-

--•port from urban Eng~s~-speaking votC:S . .\Unv members of the ,:-.iaoonal Party pu!Ja­mcn~ry caucus sympathize v.ith the H:-..-P's re­sistance to reform. In this environment the Botha l!'overnment mav rerurn to the politics of racial domination inst~d of embarking upon a repeal of the race laws.

\\ben the Rea2an administration assumed office. South :\frica still sc~med to be com­mitted to a reform program. Pretoria had don~ little to dismantle the letrislativc: struct\lrc: or racial discrimination. anlit had directed most reform toward the relaxation of sc:lccted race lav.-s by special permit rather than by. the rep~! of such iaws. :"oieverthdess. this actJon consn­ruted a beginning of reform. In such a political climate quiet diploma~ \l'2S possibl~ . the ~~<isest course. because 1t enabled the L ruted St2tes in a friendlY. non-ac!rT'essh·e manner to encourage the Sou~h :\frid~ government to ac­celerate the relaxation and repeal of its race laws. But since: April 1981 the Borha goHrn­ment has changed both in style and in <ub­scance. It has dropped its reform rhetoric. resumc.-d carrying out the: most objectionable race \r.<·s-the pass laws anJ the: Group .-\rcas :\ct- "'ith new vi2or. and has further :\­tended the grand d~ign of apartheid throu~h Gskeian independence:.

> Stcuriry /11-:: mforctmmt. ALJc:gations of rorrure of detainees arc increasing, and the riot police ha,·e apparently :abandoned. rest~int in suppressing political demonstrations '". the black communi tv. Bannings :md pol.ocal dc::tentions arc n~untinl!'. The C nited St~tc:s should speak nut when ;,·ide~cc: of inten.sitic.-d repression appears. Othc:r-.nse. rhe L mred Stares will have to face new tragedies similu to Bike's brutal death.

> Polrtica/ t.rtcutions. South Africa h.s an honorable: tradition of nor executing political offender~. except u·hc:n their actions result in loss of life. This tradition. v.·hich has its roots in rhe 1914 manvrdom of :\frikanc:r freedom iighte:-. jop1e F ou~ie. is now in jeopardy. Sourh . .Vrica:1 couns h:l\·e rc:cc:'lt]v overlooked histor­ia.J rradirion. The South .:S.irican government ·:.ii! p;ubabi~· ;oon face the decision of whether ---:: ;:--:::-.~ :)~ \l,:i:~:-:r:."··:· :::c;.:'!!lC:· f,-:,r ::o!ir;c:Jf of­

:e~Cers \\"as ·.~ .. :.: ?~o::.;.: .·. cc:---:-=c::.-·

resort to qu1er diplomatlC ch.;r.:-.e!s :o pe~suJde Both~ to show mercv on the :irsr occasion. 3uc if this approach fail.s. the Cnited States has • responsibility ro condemn publici~· such an execution to deter rhe authorities from further

18

pursuin~ this policy. The L'nited St:nes would be 3Ctin~ responsibly if it publicly drew atten­tion to the: bitterness caused bv such judicial bloodlttting in Rhodesia durini the war years.

As e'·idence of backslidin~ mountS daily. it may not be politically uise or morally sound to hi~hlight the "improvement in practice on some human rights fronts through non­enforcement of some existing racial laws." as did Crocker in his December 12, 1981. testi­mom• before the House Subcommittees on .\fri~ and on Human Risrhts and lntern.arional Orsranizations. Instead: the l'nired Scates sh;uld focus attention on the !Zrou·inl!: c\·idence of renewed discrimination a~d rep~ession in South .-\frica. \\"here quiet diplom<~cy h:zs failed to produce reform. silence may not be u·ise . .\t a certain srage silence becomes collaboration.

:-\lrc:::~d~·· the Rea~an Jdminisrrlrion·s quiet diplomacy is widely construed as support for t.~e surus quo. ~o doubr rhis assessment is uniJ1r ro \\.ashingron Jnd to the Repubiican pan:y principles upon v. hich the present policy is premised. Bur th: Reagan administrJtion musr lt:'lm one thing from the failures oi pre­Gr.~:- 1drrunis~;ations and frnm its o·.vn firsr ·;f;:-_;:- :-. ':::"":._·:· ?:·:_~·,l~iJ ~'":"'"' ;-:r,t :J!"l"J\"5. ·..:.:-:-:~

:t s:--.u..:;c. ;-;-:;::;:- qc:~~ .::?ior:-:J(>· .~t Si...C:--. :::-:--.~s

\\·J..,~.ingtori .:.4-n usefully :"liSe ItS ·.rJJCe

!OHS ncr;~HD u a :;ri'Jft~or 'Jt~ /,;~·ana' c·:,.(::;J, -:··:r:~

Cmrr, r,, .-lr;r;lwl u:rol Sr:ulm at :l't !.. "'""'";., ,.-:ru:.;;cimrarid. joeannaDurg. Sour~ .-l.rr::.;. · ·

SOUTH AFRICA

REPRIEVE, BUT NO SOLU"•lON, FOR NY/.NGk ::.OUATTf-RS

[AN] The inquest into the prison death of on April 2 after the South African government trade unionist Neil Aggett opened last week, promised to review the demand by 900 other only to be suspended until June 1 while the squatters for the legal right to remain in "white Transvaal Supreme Court considers an appeal South Africa." from the police hwyer. Tiu_ -:..:,.,.,.Jut •. :~e. promoted by a group of

:\ttomev Piet Sdto.timrt is arguing t~ .• l o.tn church leaders, tl-rt.-.:n;.t.•d the strih· iH_.lore affidavit by the dead man alleging assault and anv of the fasters had died. Hut the incident the use of electric shock by his interro~ators on~·e again hi~hli~hted for many South Afri-should be excluded from evidence. The affida- cans the painful effects of the :'l:ationalist gov-'it was reportedly signed about 14 hours be- ernment's policy of racial separation. fOre Aggett's death on February 5. Although 11 of the protesters had been born

1be inquest's first day was also marked by in Cape Town and 72% had lived in Cape Town _ the serving of a banning order on witness ~au- for at least 10 years, all were "squatting" at the rice Smithers, recently released from deten- Nyanga township- that is, they were techni-tion along with seven others. Smithers earlier cally illegal, with no rights to either accommo-this year smuggled out a note to parliamentar- dation or employment. ian Helen Suzman describing police mistreat- Under South African law, most are obliged ment of Aggett that he had observed. Smithers to reside in the 'homelands' of Transkei and will still be able to testify, but his banning Ciskei, ethnic reserves declared independent order will prevent him from moving outside by South Africa but not recognized as saver-the Johannesburg area, beingqu?ted, or being eign states elsewhere. Instead, however, the with more than one perso~ at a time. . squatters risked arrest to find employment and • 'ThedelayoftheAggettmquestcomesanudst . • escape the poverty in the rural areas. 'Ibe 54 Other evidence of a continuing hardline by the ' · protesters between them had amassed 252 ar-gpvernment towards opponents. In early March rests for pass law violations, an average of 4.5 officials rejected outright the proposals by the arrests each. Buthelezi Commission in Na~ on a com pro- These people are legally regarded as citizens mise wnn of "power-sharing.,. In late March of the homelands, where in terms of the official military call-ups were inCreased. And this week policy, they are meant to exercise their politi-tbe trial under the Terrorism Act begins of cal rights. Provided they have guaranteed em-H.annchen Koornhof, a niece of Minister of ployment, they may be permitted in the so-Cooperation Pieter Koornhof. She is charged called white areas of South Africa. Their families \loith having passed on instructions for the do not have such rights, however, and mmt banned African National Congress. able-bodied men sign 11-month lalmr contracts

In Cape Town the end of a 24-day-long hun- under terms of which they are meant to return f!l!r strike by squatters after a meeting with home at the end of the contracts. Minister Koornhof, though averting the death of mv fast•· r is not seen as a signal of any ba.sic change in g~vernment policy, Barry Streek re­ports:

C.-\PE TO\\':\-:\ dramatic hunger strike in a Cape Town cathedral by.~ squatter~ ended

The government's grand master plan, which is seen a.~ the answer to majority rule over the whole of South Afric-a, is that black and white people should not live together in the same area, and that black people have no right to stay in those parts of South Africa designakd

•

for white control unless thev hold johs. . · In this h;L~ic policy there is no difference between the ruling :\a­tiona! Party and the right-wing breakaway group, the Conserva­ti,·e PartY .

While. the principle of racial separ.ttion appeals to many whites as the viable altemati,·e to black rule, the effect has heen to divide families and to exacerbate <:ondi­tions of pO\·erty in the rural areas.

The life history of some of the protesting :\yanga squatters re­fle<:ts this grim struMie for sur­,.i,·al. ·

~Irs. ~0\\inara lonveni, 40, the mother of six, came t<; Cape Town from Transkei in 1972. Her hus­band has worked in Cape Town

A squatter settlement near Cape Town. I UN IVan Esse he

on <:ontracts since 19.'>.':1. She savs before she joined her husband she saw .hi~ two weeks a vcar. · ~Irs. 1\.:o\\'ayiles Hoza, 32, mother of five, c-.1me to Cape Town in 1965. Her husband ha'i worked in Cape Town sim:e 1964. Before she joined him, she saw him one week a year, she says.

SA attacks cost Angola 63 million/.

. Lilbon, Tue.day. A 1eruor An,olan o(ficial uid

. her~ today that racist South Alriean attacb on his country bad COlt it more than aeven milli~ dollara (63m/-).

Rw Xavier', an official in the uternal Aflaira depart­meat of An&olan'• rulin& MPLA party, added:

"Tbe undec:lar~d war that So~th Africa is pu rauin1 &&~nat AA(ola ia euentially de11ped to dPatabiliae th~ ~ountry politically and economically 10 M to block rt. development".

Ndu1u Xavier 1111 apeakinr at the end oC a meetin1 to prepare an international con. Cerence on Southern Afrtca, to be attended by r~preun tative. of the six "Front Line Sta~" oC the UN and oC in: ternational anti-apartheid rroupa in Lisbon on July 16-18.

The July meeting has been billed aa a conference of '?lidarity with the Front Line &ate5 - .A..~-tola Botiws.n• Mc;u:n biqu<-. TL:~·H<:Ji ~ z,, .... ,': bla a:~<! Z~n1 6.~~~ ".: _ ·~,::1·~. have been party t0 diplomatic ~fforts to reach a ~ttl em en t In Namibia.

:\I r. Standartu :'\J.,'Wl'\ entsha. -t2. ha~ I iH·d in Cape Town sin<:e 196.'3. lie ldt Ciskei. Ill' savs, because there was no work ami no liMKI fo~ his wife and his three children.

11le patterns are similar: The lat"k of work in the homeland, the need filr munev and tlw desire for family life h;L~ driven tht;IISilll(l~ of

black people to defy South African influx con­trol laws.

The Anglican Board of Social Responsibility commented that the Nyanga squatters faced a choice ofliving a fugiti\'e existent-e in the Cape peninsula, or starving in the Transkei or Ciskei.

''In spite of r.Un and bitter c:old, they endured weeks of harsh treatment- raids, arrt•sts, im­prisonment, destruction of their flimsy shel­ters, isolation from would-be helpers, and fi­nally deportation of the women and children to the 'homelands,'" the Board said.

More than a thousand of the.>c people who were deported to Transkei and Ciskei merely came back again, avoiding at times as many as six police road blocks. In spite of the temporary reprieve won by the 54 protesters for the re­view of their cases, this process is unlikely to change. •

So':'th Africa ha., launched a aen• of raids i.nt.o Angola the bgeat of them Jaat' Aucu~t. Pretoria claimed they are directed at Guerrillas of the South West ·Africa People's Organisation '"WAPO).

J84: Daily r\ews(Tanz) Apr. 21, '82

I "i ~I ;! :j 'J

• .

j

Fear of Mandela Said Behind Move

By Allis~r Sparks ~ 1D Tllt Wul\ln(lon Poll

JOHANNESBURG-Frien& of Nelson Man· dela. jailed leader of the banned African National Congress, believe he was moved from Robben Is· land, the bleak, windswept prison where he has been held for the past 17 years, because his cap· tors felt he had become too influential among the 400 or so political prisoners there.

Mandela. who is serving a no-parole life sen· ~nee for plotting the overthrow of South Africa's whi~·minority government, had been organizing a

- large-scale educational program for his fellow pris· oners.

His influence on the island reportedly had grown considerably during the past year in other ways, ex~nding even to tome of the prison warders, although their political views differ fun. damentally from his.

Mandela wu moved aecretly from Robben Ia­land, about 40 miles offshore from Cape Town, to a new jail in the city of Pollsmoor on April 1. News of the move only leaked out last week.

Three other congress leaders serving life sen· ~nces were moved with him: Wal~r Sisulu, Ray­mond Mhlaba and Andrew Mlangeni.

Prison officials have conf~rmed the move, say. ing only that it was for "administrative reasons." They added that Mandela was not moved for health reasons.

Mandela will be more comfortable physically in the mainland jail, although the separation from his fellow dissidents remaining on the island is a blow. Robben Island is a low-lying, damp, wind­swept place of~n lashed by heavy seas.

Some of the prisoners on Robben Island are young Soweto students who were jailed after the 1976 uprisings in that Johannesburg township. They will be released in a few years, and the au­thorities may have feared the influence the out­spoken Mandela had on them.

Mandela'a educational program began with about 40 prisoners, but he recently sent messages to friends to raise funds for nearly all the prison­ers on the island.

S. Mrican Acti>i<l Sentenced IV ~ o/Z tfZ § i ~ ,_ JOHANNESBURG-Hannchen

-t> \f. J{oornbof-Fqerald, the 2~-~ear-o!d )I(, Jliece of South Mrica'~ ~JSter m

'\~ cllarge of African affrurs, Paeter G. I . Koornhof, was jailed for on~ .D:lonth

for participating in the actiVIties of the banned African National Con· -gresa, washington Post special. cor·

.•,. · t'ellpODdeht Allister Sparks reported. '1'!~. ~· Koomhof-Fitzgerald ~ held by "-:lbe. aeeu1ity police for m months ·B·imd 10 days before being cha~ed· ~. < : Koombof·F:i~ . • ~..:-- N ~ guilty to memorizmg 8D IUUUU& a• :.-: tional Congi'ess code d~ a meet­. ' ing with family members m Botswa­. na and passing it on. She was sen­. · tenced to 21 months' imprisonment, . .; but 20 months were suspended. .. . ......

While newspapt•r manage- him in contravention of the ments ne.t:ohate with tht' Go\·· proposed law. faces the samt• E"rnmt'nt in an al1t'mpt to amid pt'nallil"s. Officials making the se1 ere controls on prr~s rrer· disclosures r1sk mcurnng the dom proposed by t ht• Stt'~ n same punishment~. Commission into tht• mass Thr bill ma\' E'\·en protect mrd1a. a b1ll brfurr P•tdiamt'nt the Govcrnmrnrs attempt' to t·ontains restraints whidt will manipulate {acts to bolster .its t·urh th~ pre's c!ra~ticaliy. t'H'n t·ontroversial rat·r policies, as H thr Gon•rnmcnt agrees to· it dtd last )rar when II sht'11·<' thr S!r~ n Commission's attempted to supprrs~ a report rrcommrndations. by the Huan~n Sdent'es Rc· Th~ Proltctiun o( Inform· search Council Into the alti·

ation Bill emanatts from an- tudes of urbJn blacks tow01rd other commission. the Rabie the "black homel:.nds."

ThE' "homelands" arc sup­Commission into srcurity legis- posed to attract blacks to Jive lation, and i~ designed to re· outside their buundarits. but place the existin& Official the council found that few Secrets Act. urban-based blacks have direct

The bill makes It an offence rami(\• ties with the hornrlands for anv person to publish in· and ·little desin• to maintain formation which he knows ... or such links as exist. Rather should reasonably know." re- than acerpt thrse ".tiisturbin,::" lairs to a security matter in a findin~s. the Go1·ernmt'nt sup· ma:mer which h. ·• or ma,· hr." pressed the survey and ordered prriudicial to the security of the council to undertake South Africa. further resl'arch.

The clause carries prnaltirs The Governmenrs :.:lion w"~ of :t fine of up to £3.400 ur im· reported at the time. Similar prisonment for up to 10 years, disclosure!! will. howe\·er. be

·or both. . threatened If the bill becomes As in several srcurlty law~. l:tw.

thr hill puts the onus on the Another hill before Parli~· accused to p:ovc that he had ment. the Laws on Cooperation no int!'ntinn of pr~j;Jdtcing the and Dc1·clopment Bill. provde ~rc:urit~· or int('rests of thr ~p!'cial protrction against uis· St~•r. Fnl('ss publication v:as cJo,nr~ to the D~partmrnt of undertaken b.1· a person art ing Coon~r~' :on and Development. unrlrr ··lawful ;>uthorit:·." it wlHc!J i~ lilr;:cly responsible for w!!l he assur1Pd that the inten· ilw implementatiOn or racr· lion was to harm the Stat('. polir·,·

Le!!al oh<crn•r.'i hclien· that the h:ll ,.,.ill make it an offence 10 fl'.lhl:,o tee names of people d~hlil~d u~d~r ~cc::r:ty laws Unle;' cpCCi2! pcrmi,,ion h;,s h~c:-t 0 1)!rtino;-"! ~rrJm tiH? ;1~Jt!-.nr. ilie~. !r.~ror!uc:Jon of the hi!! Wi'~ foll!ov:~d b·: an admmistr~· til·c mca;ure apparently c:alcu·

Jatcd to make it dimcu!t to obtain omual ronfirmation o! detention>.

The bill will inhibit publi· .:at1on or matters not ~tric\ly definable a> security Js,ucs. t:ndcr It, an.'· person who re· ccives and publishes inform· ation wh1ch he know-;, or should know. was disclosed to