SOUTH AFRICA: LAWS FOR REPRESSION AND T

of any law, however minor to attack police stations, whites Thirteen years a g 'by way of protest'. The courts were instructer and African chiefs. The South African governon March 21, 1960, that for a second offenc ment then passed the Sabotage peaceful demonstrati against this Act, imprisonmen Act of 1962, which established on against the South Afric or whipping must be imposed a virtually permanent state of an government's humili woerd regime embarked on al After Sharpeville, the Ver emergency. This Act introduced a new ing Pass Laws was mot increasingly massive militar! crime—the 'intent' to commit wii and police build-up and ever sabotage. It also laid down the down by the bullets more ruthless repression. death penalty for juveniles, the state forces. passed Unlawfu provided for summary trials Organizations Act, banned th without juries, and a minimum According to the gove ernAfrican National Congress an‹ compulsory sentence of five ment's official figures, the Pan-Africanist Congres years' imprisonment. Africans were killed and anar detained thousands Following a demonstration wounded. But unofficial e stipeople under the State Emergency • Regulations. State o of African workers in Paarl, mates say 170 were killed : and in November 1962, during 400 were wounded. nationwide 'stay home which several people were Either way, Sharpev protest was broken by bruta killed, Prime Minister Versymbolized 'apartheid'. attacks against Africans in thi woerd declared that he 'put South Africa is a state co locations.

the safety of the state and its mitted to repression. In the Transkei, armed force citizens above mere techNational Party governm were moved in to suppress al ent nicalities'. came to power in 1948 de African revolt and Proclama The government would not termined to end what it cal lled tion R400 was promulgated t sit back, he said, simply be'the Black danger'. By 1! empower the government tr cause it did not have enough it had erected the four pill subject any African to arbitrar lars evidence to proceed through of apartheid. banishment or indefinite deten the courts. ssiThese are the Race Cla tion without trial. In May, 1963, the governfication Act, Group Areas A This process was intensifier Ict, ment enacted the 90-Day Law.

Immorality Act and Suppi after B. J. Vorster wa This provided for the detenression of Communism Act appointed Minister of Justic tion, incommunicado, of any in August, 1961. Peacefu ster Under the latter, the Minis person under special regulaAfrican leaders such as Chie tions. of Justice is empowered impose stringent restricti Albert J. Luthuli were jailer ons By this time the strength on any person who he and more and more African of the political section of the onsiders is 'promoting the obje decided that peaceful protes ects Police Force had been increased of Communism'. He can is six-fold since 1960. Nearly sue was futile. arbitrary orders which are From about December, 1961 3,000 Africans were in prison not subject to review by any col the military wing of the Africa on suspicion of association urt. Following non-viol National Congress, the Um ent with Poqo and hundreds more Campaign of Defiance Agai konto We Sizwe' (Spear of th inst accused of connections with njust Laws' launched by Nation) began to olo'nize act the banned African National and frican National Congress : of sabotage in many cities. Congress or Umkonto We he South African Indian C In 1962 the undergroun on- Sizwe. tress in 1952, a new law- Poqo, associated with the Pan Mass trials were held under Criminal Law Amendment • Africanist Congress, recruiter the Sabotage Act and earlier -laid down savage penal ties thousands of followers in th legislation but even so, trial by court in political cases was ion the exception. When trials did when he is so arrested'-but take place, the accused had this is interpreted to mean that to prove their innocence not prisoners can be re-arrested the prosecution their guilt. immediately they are released On the rare occasions when and begin another 90 days. accused people were acquitted This procedure continues SO by the courts, they were that, in practice, the 90-Day usually redetained and retried Law provides for indefinite 1953 for the contravent African locations and begal detention.

Innumerable people have been redetained under this clause. One, Mr Alfred Nzo, a leader of the African National Congress, was detained for 247 days before being released without charges. Another, Mr Tommy Ntoyakhe Charlieman, a trade union leader in Uitenhage, was detained for 19 months from May 14, 1963, to December 9, 1964,....

There is also a 180-Day Law, ostensibly designed to protect witnesses or prevent them absconding, but which in fact is used to jail opponents of the The 1967 Terrorism Act also provides for indefinite detention without warrant or charge. No court of law can pronounce on any case under this Act nor order the release of anyone detained under it.

No person except the Minister of Justice or an officer in the service of the state has any right of access to, or of information about, any prisoner detained under Under both the Te:

Act and Proclamation there is no limitation period of detention.

Almost all detainees under the 90-Day Law, the 180-Day Law, the Terrorism Act and Proclamation R400 are sub-