Special Committee on Expresses Indignation at Death of Imam Haron in Detention in

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Alternative title Notes and Documents - United Nations Centre Against ApartheidNo. 16/69 Author/Creator United Nations Centre against Apartheid Publisher Department of Political and Security Council Affairs Date 1969-10-00 Resource type Reports Language English Subject Coverage (spatial) South Africa Coverage (temporal) 1969 Source Northwestern University Libraries Description Statement by Mr. Olajide Alo, (Nigeria), Rapporteur, Special Committee on the Policies of Apartheid of the Government of the Republic of South Africa, October 2, 1969. Imam Hadj Abdullah Haron. Appendix: Texts of questions and answers in the South African House of Assembly. Note on recent detentions under the Terrorism Act. Format extent 12 page(s) (length/size)

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UNIT ON APARTHEID DEPARTMENT OF POLITICAL AND SECURITY COUNCIL AFFAIRS NOTES AND DOCUMENTS* October 1969 SPECIAL COMITTEE ON APARTHEID EXPRFSSES INDIGNATION AT DEATH OF IMAM HARON IN DETENTION IN SOUTH AFRICA Page Statement by Mr. Olajide Alo, (Nigeria), Rapporteur, Special Committee on the Policies of Apartheid of the Government of the Republic of South Africa, October 2, 1969 ...... Imam Hadj Abdullah Haron ...... Appendix: Texts of questions and answers in the South African House of Assembly . * ...... Note on recent detentions under the Terrorism Act . a (Note: At the meeting of the Special Committee on Apartheid October 2, 1969, the Rapporteur drew its attention to the death of Imam Haron in detention in South Africa on September 27. The Committee also took note of a cable from Canon Collins, President of the International Defence and Aid Fund, to the Secretary-General, appealing to him to protest to the South African Government at the death of Imam Haron in detention. The Committee requested the Secretariat to publicize the statement of the rapporteur, and decided to convey a protest through the SecretaryGeneral and to draw the matter to the attention of the General Assembly in the Committee's annual report. The Secretary-General has also received the following cable from Amnesty International: "Following death of Imam Abdullah Haron, fifth South African detainee to die this year, urge immediate United Nations action and public enquiry.") *All material in these notes and documents may be freely reprinted. Acknowledgement, together with a copy of the publication containing the reprint, would be appreciated. No. 16/69

STATEMENT BY MR. OLAJIDE ALO, (NIGERIA), RAPPORTE7R, SPECIAL COHMITTEE ON THE POLICIES OF APARTIEID OF OF THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA. OCTOBER 2. 1969 When we met to commemorate South Africa Freedom Day, on 26 June last, a good part of my statement reviewed the relentless and callous persecution to which opponents of apartheid are still being subjected in the Republic of South Africa. Members may also recall my drawing attention to the detention, under the Terrorism Act, of Imam Hadj. Abdullah Haron, a prominent Moslem spiritual leader and editor of the Mcslem News in . Today, I have no doubt that members share my profound shock and dismay at the news of the death of Imam Abdullah Haron. As reported in the London Times of September 29, the Imam died in prison. The cause of his death has so far not been ascertained. The late Imam Haron was detained on May 28, the anniversary of the birthday of Prophet Mohammed and thus prevented from officiating at that important religious celebration. In addition to such blatant abridgement of his religious freedom, he suffered a loss of most of his fundamental human freedoms and rights under the civilized rule of law. The South African Minister of Police, replying to questions in Parliament on 10 June, confirmed not only that the late Imam Haron was being held under the Terrorism Act, but also that no charges had yet been preferred against any individual in connexion with his detention and that the decision to institute criminal proceedings against any one depended on the available evidence at the end of the investigation. It seems that the investigations continued all through the period of the late Imam's imprisonment. For over four months he was held incommunicado. No permission was granted for his wife or any member of his family, let alone business and religious associates, to visit him. The late Imam Haron was said to be a healthy man in his early forties. It was further said that he had never been seriously ill before. This goes to heighten the sense of mystery and shock at his untimely death. One does not have to wonder for long why he was victimized and harried to an early death by the inhuman and insensitive system of apartheid. As editor of the Moslem News, Imam Abdullah Haron had expressed opposition to racialist ideas and practices. With equal force, he had condemned certain injustices inherent in the rigid apartheid structure in South Africa which are contrary to the teachings of Islam. As a religious teacher, he had often quoted and expounded Koran texts which upheld and called for equality and brotherhood among all men.

-2 In the words of Mr. Barney Desai, a former Cape Town City Councillor now living in exile in London, and a great friend of the late Imam Haron: "He was a man who not only opposed aparthe d from the pulpit but actively worked for those who suffered. He helped families of political prisoners with small comforts, often paying the rent or supplying food. This kind of activity was not liked by the aithoi-ities."(The Times, London September 29, 1969). I am sure I am expressing the sentiments of the membership of the Committee in placing on record what an irreparable loss all lovers of human dignity and justice have suffered through the late Iman Haron's death. We extend our condolences to his wife and three children. The insensitivity of racism would hope to see in the passing of such a dedicated man the rise of a stumbling block to the goals of freedom and justice. Let us rededicate ourselves to the cause of the millions of oppressed non-Whites in South Africa. And in this task, may the life of Imam Hadj Abdullah Haron be an inspiration.

-3- Imam Had .Abdullah HABON Imam Abdullah Haron, who died in detention at the age of 44, was a prominent religious and community leader in Cape Town. He h-_" been Imam for thirteen years and chairman of the Moslem Judicial Council for 11 years. He had made the pilgrimage to Mecca thrice - the last time in 1968. He had been a member of the editorial board of the Moslem News since its establishment and editor for over four years. He established the Claremont madressa (religious school) and was instrumental in founding the Claremont Moslem Youth Association. (He was forced to move from Claremont to Crawford because of Group Area regulations.) He did not draw any salary as Imam or editor, but worked for a living as a sales representative for a chocolate firm. He was actively interested in sporting activities and was patron of the City and Suburban Rugby Union. In his capacity as editor of Moslem News, and in his sermons, he was outspoken against racial discrimination as contrary to the teachings of the Koran. The Imam was detained under the Terrorism Act on May 28, 1969, the anniversary of the birthday of Prophet Mohamed, and was unable to attend the cereriony "n hi s rr'sque. Leaders of the Moslem community were reported to have felt bitter at the arrest of the Imam, especially on the Prophet's birthday. Questions were asked in the Parliament on June 10 and 13 by Mrs. C.D. Taylor. The MinisteDr of Justi_- stated that the Imam was detained under the Terrorism Act. He *- 1 : to disclose where he was detained or the reasons why ha was detained. (The t!-Yt of the questions and answers are reproduced in the appendix.) In kco ,rdance with the provisions of the Terrorism Act, the Imam was held inco~uric~do without access to his family or attorneys. Aolrm-Oling to Lieutenant-Colonel C.J.F. Pienaar, head of the Security Police in C p Tozn, the Imam complained about the middle of September about pain in his cn'.-. A doctor e-u-nined him and prescribed pills to be given to him when he had p i2. Thc Imam complained of pains at 11.00 a.m. Septembaa 26 and at 8.30 a.m. th riaxt day, and took pills. He was found dead shortly after 10.00 a.m. on Saturday, September 27. At 8.50 p.m. on that day, two members of the Security Police visited his home to inform his family of his death. A post-mortem was conducted by a district surgeon on Sunday and a pathologist, instructed by the family's attorneys, was allowed to attend. It was reported that the family did not raise objections to the post-mortem which delayed the burial, as they were anxious to know the cause of the death. (Mr. Edries Haroun, brother of the Imam, said on September 28 that the Imam had been in good health before his arrest and, as far as he knew, had no heart complaints.) The cause of the death will not be known until an inquest by a magistrate.

-4- The body was collected by relatives at 4 p.m. on Sunday, and carried to his house in a bier on the shoulders of mourners. Thousands of persons gathered along the route and outside the house. The funeral was held orn Monday, 30 September. Thousands of mourners paid homage to his memory. Moslem shops and businesses were closed at 1.00 p.m. as a mark of respect to the Imam. The Imam is survived by his wife and three children - Shamila, 19, Mogamet, 13, and Fatima, 5. The eldest daughter, Shamila, has been studying radiography at Ilford, United Kingdom. (His family's address in South Africa is Repulse Road, Crawford, Cape.) Comments Mr. Barney Desai, a former Cape Town city councillor and a friend of the Imam, said in London on September 28: "He was a man who not only opposed apartheid from the pulpit but actively worked for those who suffered. He helped the families of political prisoners with small comforts, often paying the rent or supplying food. This kind of activity was not liked by the authorities." (The Times, London, September 29, 1969.) The Times of London, reporting the Imam's death on September 29, noted: "In the prelude to last week's Coloured elections, in which the 1,750,000 South Africans of mixed race decisively rejected apartheid, the Imam's strong voice would have been an annoyance to the Government." Mr. O.D. Wollheim, chairman of Civil Rights League of Cape Town, said in a statement on September 29: "The circumstances surrounding the detention and death of the Imam have caused widespread disquiet among members of the Civil Rights League, and even more so among the Coloured community as a whole. "He was detained at very short notice, apparently under the provisions of the Terrorism Act, on what was probably the most awkward day of the year for any Moslem -- the birthday of the Prophet Mohammed. "He was held incommunicado for some four months, during which neither his fa-ily nor his legal representatives were allowed any access to him. "He was working for an important firm which did not know whether to keep his i&b open or not, and ilis conc-egat.on was in the dark as to whe(he' tL-y. i-t d make othcr arrhnngents for Services. "In a-dition to this case, there have been over 70 arrests under the Terrorism Act at Victoria West, of which over 50 were released after being detained for many months because there was no evidence against them."

-5 He called for a judicial enquiry into the activities of the Security Police in such cases and for ex gratia payments to such people for loss incurred under circumstances "virtually amounting to wrongful arrest".

-6- TEXTS OF _STIONS ND ANSWERS IN THE SOUTH AFRICAN HOUSE OF ASS&IBLY Detention of Moslem person in Cape Town as witness Mrs. C.D. Taylor asked the Minister of Police: (1) Whether a certain Moslem has been detained in Cape Town as a witness under section 215 bis of Act No. 96 of 1965; if so, when; (2) whether a charge has been preferred against any individual in connection with this detention; if so, what is the nature of the charge; (3) whether criminal proceedings are contemplated against any person; if so, against whom; (4) whether this detainee's family are permitted to visit him; (5) whether he has been (a) visited daily by a magistrate, (b) allowed access to suitable reading matter and (c) permitted to make contact with his attorneys; if not, why not. The Minister of Police: (1) No, but one is being detained since 28.5.1969 under section 6 of Act 83 of 1967. The Act quoted by the hon. member has in any case no section 215 bis. (2) No. (3) This depends on the evidence available on completion of the investigation. (4) No. (5) (a) and (c) No. The attention of the hon. member is drawn to the provisions of sub-sections (6) and (7) of section 6 of Act 83 of 1967. (b) No. No request for any reading matter has yet been received from the detainee. - House of Assembly Debates (Hansard), lo June 1969

-7 - Detention of Mose.m person in Cape _Ibwn as witness Mrs. C.D. Taylor asked the inist,-r o. Just.ce: (1) Whether in regard to the person being detai'ned s!nce 28th May, 1969 under section 6 of Act 83 of 1967, aG sloated by "the Minister of lo.iae on 10th June, 1969, J_ . -as given any directions as to the conditions lr-ler Vhic'. ,. person is to be detaln.ed; i.f so, :ht c 6:diUn t .Os ',- not; (2) whether, he has baen adv'sed of t , name of th; pe_.son and the place whbere he is being detaInicd in terans of section 6 (2) of the Act; if so, (a) v teat Is the pdOtSOxiS n§-. _ "b) w71here is he beIng detained; (5) whether he has been furnished with reasons why tha porson should not be releasel; if so, what are che reasons; If not, (4) whether he is in a position to state (a) for ho 1on the detainee is to be detained and (b) on what grounds he is being de ained; (5) whether any represent-ations in vriting have been received by him from the detainee; if not, (6) whether the detainee has been informed of his rights in terms of section 6 (3) of the Act; (7) whether the detainee has been -%-.sited in terms of section 6 (7) of the Act; if so, on what dates. The Deputy Minister of Justice: (1) No. Because I am satisfied that the conditions (etermined by the Commissioner of the are appropriate, (2) Yes. (a) Imam HadJa Abdullah Haron. (b) It is not in the public interest to disclose the information required. (3) Yes. It is not in the public interest to disclose the information required. (4). No. (a) and (b) fall away. (5) No.(6) Yes. (7) Yes. 9th June, 1969d6 Ibid, 13 June 1969

-8- NOTE ON RECENT DETENTIONS UNDER THE TERRORISM ACT Section 6 of the Terrorism Act reads: "(1) Notwithstanding anything to the contrary in any law contained, any commissioned officer as defined in section 1 of the Police Act, 1958 (Act No. 7 of 1958), of or above the rank of Lieutenant-Colonel may, if he has reason to believe that any person who happens to be at any place in the Republic, is. a terrorist or is withholding from the South African Police any information relating to terrorists or to offences under this Act, arrest such person or cause him to be arrested, without warrant and detain or cause such person to be detained for interrogation at such place in the Republic and subject to such conditions as the Commissioner may, subject to the directions of the Minister, from time to time determine, until the Commissioner orders his release when satisfied that he has satisfactorily replied to all questions at the said interrogation or that no useful purpose will be served by his further detention, or until his release is ordered in terms of sub-section (4). "(2) The Commissioner shall, as soon as possible after the arrest of any detainee, advise the Minister of his name and the place where he is being detained, and shall furnish the Minister once a month with the reasons why any detainee shall not be released. "(5) Any detainee may at any time make representations in writing to the Minister relating to his detention or release. "(4) The Minister may at any time order the release of any detainee. "(5) No court of law shall pronounce upon the validity of any action taken under this section, or order the release of any detainee. "(6) No person, other than the Minister or an officer in the service of the State acting in the performance of his official duties, shall have access to any detainee, or shall be entitled to any official information relating to or obtained from any detainee. "(7) If circumstances so permit, a detainee shall be visited in private by a magistrate at least once a fortnight." A recent study by the Unit on Apartheid on "Repressive Legislation of the Republic of South Africa" contains the following comments on this Section: This section combines features of both the 90-and 180-day Laws in provisions more far-reaching than either of them.

-9- Subsection (1) empowers a lieutenant-colonel or any highEr-ranking police official to arrest any person whom he believes to be a terrorist or to have withheld information about other terrorists or about offences under the Act and to have him detained an;Xhere in South Africa without any time limit whatsoever. (In contrast with the QO-day Law, this subsection does not require "reasonable grounds" for the officer's belief). Such detainee shall be held for interrogation until the Commissioner of Police is "satisfied" that he "has satisfactorily replied to all questions at the said interrogation or that no useful purpose will be served by his detention..." (emphasis supplied) or until the Minister of Justice orders his release. "Satisfactorily replied" suggests that he has incriminated himself and/or others. An example of the kind of use that has been made of this provision was graphically portrayed by one of the observers at the recent trial of Eliaser Tuhadeleni and others for terrorism. In that trial the prosecution produced a young girl, the sister of a defendant, who stammered out, as her brother listened, her(probably unnecessary) incriminating statement that her brother had not been at home at a particular time. As the observer summed up his reaction to the episode: "Merely for this one relatively unimportant bit of evidence, the prosecutor had imposed upon at least two people a burden of agony and guilt that will be with them for the rest of their lives. Picture the brother sitting in his cell year after year thinking of what his sister had done to him, or perhaps thinking of what had been done to his sister. Picture the sister, year after year, thinking of her brother in jail and wondering whether she herself was to blame and whether she perhaps could not have been braver. Picture her friends and relatives in the community, passing judgment on her for her part in this episode. "Worst of all, one cannot help asking, what did it take to make this girl testify against her brother?" Subsection (5) forbids any court to "pronounce upon the validity of any action taken under this section or to order the release of any detainee", thereby in effect giving the Commissioner of Police and the Minister of Justice total, untouchable power over the detainee. Comparison of the wording of this subsection with that of the clauses restricting the po ,,er of the courts under the 90-day Law makes it clear that the draftsmen of the present statute attempted to prevent the courts from intervening on any grounds whatsoever - even the limited ones open to them under the earlier legislation. It is still possible, however, to seek court intervention on the grounds that a specific action was not taken "under" the section. Thus the court did entertain an injunction proceeding brought against the Commissioner of Police and others on behalf of a detainee-witness (Mbindi) to prevent a continuing course of torture and abuse.

- 10 - Subsection (6) provides that persons detained under the Act shall be held in solitary confinement. No one except police and/or prison officials shall have access to the detainees; this prohibition applies to family, attorney, religious adviser etc. Families are apparently not to be notified as to the whereabouts of detainees or even as to the fact that they have been arrested and detained. No one - not even a Member of Parliament raising questions on the floor - is entitled to obtain information about any detainee or to find out what information was obtained from him. On its face this section appears to bar an attorney who subsequently defends a detainee charged under the Act from seeing his confession in order to prepare his defence. Subsection (7) urges that a detainee shall be visited in private by a magistrate at least fortnightly "if circumstances so permit". As in the case of the 90-and 180-day Laws, there is no obligation on the part of the magistrate to report what he learns or to take any action on complaints or requests made to him by a detainee. What little information was elicited in Parliament at the beginning of 1968 concerning persons detained under this section indicated that circumstances did not "permit" fortnightly visits by magistrates to eighteen persons (out of an undis-_-.-closed total number of detainees). The Terrorism Act, and the detentions and convictions of South Africans and Namibians under this Act,have been condemned by United Nations organs. In issue no.11/69 of "Notes and Documents", particulars were given regarding the detention of a number of South Africans, including the late Imam Abdullah Haron, in May-June 1969. Among the others detained at the time, who still remain incommunicado, is Mrs. Winnie Mandela, wife of Mr. , the leader of the African National Congress, who was sentenced in June 1964 to life imprisonment. Mrs. Mandela was reported to have suffered a heart attack in 1968. Another detainee is Miss Shanti Naidoo, daughter of the adopted son of Mahatma Gandhi, and sister of Mr. Indres Naidoo, who is now serving a long term of imprisonment. Incomplete press reports indicate further detentions, as follows: Mrs. Tettia Miya, resident of , and her son. Mr. Percival Phillip, a schoolboy from Orlando High School, Soweto. Miss Noyaniso Madikizela, 18-year-old sister of Mrs. Winnie Mandela. Mr. Wally Serote, 24, poet. Mr. Paulus Mdau Mr. Joseph Skosane

- 11 Moreover, in issues 11/69 and 12/69 were reproduced details concerning the deaths of a number of persons in detention in South Africa including, during 1969: Mr. Nikodemus Kgoathe, Mr. James Lerkoe and Mr. Caleb Mayekiso. Since then, press reports indicated the death of Mr. Jacob Monnakgotla on September 9, 1969. Imam Haron is thus the fifth detainee whose death in detention was reported this year.