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Factsheet South Africa's "State of Emergency"

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Factsheet South Africa's THE WASHINGTON OFFICE ON AFRICA 110 MARYLAND AVENUE. N.E. WASHINGTON. D. C. 20002 1202' 546.7961 July 25, 1985 FACTSHEET SOUTH AFRICA'S "STATE OF EMERGENCY" At midnight on Sunday, July 21, a "state of emergency" went into effect in 36 magisterial districts in South Africa. Invoking Section 3 of the Public Security Act of 1953, State Presi dent Pi eter W. Botha dec1ared the "emergency" to be of indefinite duration and noted that "strict action will be taked against those persons or institutions that cause or propagate disruption." Nobel Peace laureate Bishop Desmond Tutu called the declaration "a typical response of a repressei ve and unjust admi ni strati on that does not know how to deal wi th di ssent," and further stated: "You can I t buy peace at the barrel of a gun." By July 25, the fifth day of the "state of emergency," police had arrested at least 792 people, mostly blacks, including many church, labor and community leaders. Official reports admitted that 15 had been killed by police since the "state of emergency" went into effect. The last time such a "state of emergency" was declared was in 1960, following the killing of 67 peaceful black demonstrators at Sharpevi11e. The 1960 "emergency" 1asted 156 days, affected 83 di stricts, and resulted in more than 11,500 detentions. In 1976, faced with severe unrest following the June 16 student uprising in the black township of Soweto, no such dec­ 1arati on was issued, although some 600 or more were kill ed by pol ice in over a year of sporadic unrest. Police Powers Under the "Emergency" Section 3 of the Public Security Act of 1953 provides that such a "state of emergency" shall have a maximum duration of one year. Under the. Act, police and security forces are given virtually unlimited powers. Included are: search and sei lure without warrant, i ndefi nite detenti on wi thout charge and without access to lawyers and family, imposition and lifting of curfews, sealing off affected regions, control of movements, and total press censorship. Vi 01 ators of the terms of the "emergency are 1i ab 1e to 10 years I impri sonment and up to $10,000 fine. Police actions taken' during sucli a period are not subject to judlcial review. Under a "state of emergency," the South Afri can government can a1so require foreign and domestic industries which have been declared "National Key Points" to be turned over to the authorities, and their facilities and personne1 may be subject to take-over for mi 1i tary and parami 1i tary purposes. As far as is yet known, no such "Key Points" have as yet been subject to this provision of South African law. So far duri ng the "state of emergency," at 1east 792 persons have been arrested; the office building housing the South African Council of Churches, the United Democratic Front, several black trade unions, and a Black Sash legal advice office has been raided; KwaThema township (east of Johannesburg) has been sea1ed off; po 1ice opened fi re with shotguns on as many as 400 demon­ strators in Tumaho1e township (near Parys, 75 miles south of Johannesburg), -more- THE SPONSORS OF THE WASHINGTON OFFICE ON AFRICA ARE: THE AMERICAN COMMIITEE ON AFRICA. THE AMERICAN LUTHERAN CHURCH, DIVISION FOR WORLD MISSION AND COOPERATION • CHRISTIAN CHURCH (DISCIPLES OF CHRIST). CHURCH OF THE BRETHREN • EPISCOPAL CHURCH, COALITION FOR HUMAN NEEDS AND PUBLIC AFFAIRS OFFICE, EXECUTIVE COUNCIL. LUTHERAN CHURCH IN AMERICA, DIVISION FOR MISSION IN NORTH AMERICA. MISSIONARIES OF AFRICA. SOCIETY FOR AFRICAN MISSIONS (S.MA FATHERS) • UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA. UAW. UNITED CHURCH OF CHRIST, BOARD FOR WORLD MINISTRIES, AND OFFICE FOR CHURCH IN SOCIETY. UNITED METHODIST CHURCH, AFRICA OFFICE AND WOMEN'S DIVISION OF BOARD OF GLOBAL MINISTRIES. PRESBYTERIAN CHURCH (U.SA) ®~67 -2'- kill i ng 4 and i njuri ng fi ve blacks. Among the arrests were 22 persons retur­ ning by bus from the Cradock funeral of black community leader Matthew Goniwe and three others (48 others on the bus were not held). Jurisdictions Affected: The 36 magisterial jurisdictions affected by the declaration are grouped around Johannesburg in the northern Transvaal region and Port Elizabeth in the eastern Cape Province, scene of some of the most violent unrest this year. The following districts were included: Transvaal--Johannesburg, Randfontein, Vanderbijlpark, Vereeniging, Delmas, Brakpan, Alberton, Nigel, Balfour, Randburg, Roodepoort, Westonaria, Sasolburg, Benoni, Kempton Park, Boksburg, Springs, Heidelburg, Germiston; Cape--Port Elizabeth, Uitenhage, Kirkwood, Adelaide, Bedford, Hankey, Bathurst, Jansen­ ville, Pearston, Albany, Cradock, Somerset East, Port Beaufort, Alexandria, Humansdorp, Steytlerville, Graaff-Reinet. Reactions Inside South Africa C.F. Beyers Naude (General Secretary, South Afri can Council of Churches): "The awful bloodbath long prophesied is upon us." Rev. Allan Boesak (Co-Patron, United Democratic Front; President, World All i ance of Reformed Churches): lilt is the kind of desperate reacti on one can expect from thi s government, and it wi 11 not solve anythi ng. .. [but only lead to] more violence and more killings." Stone Sizani (United Democratic Front spokesperson at Goniwe funeral): liThe government wants to hi de somethi ng. .. They are ina state of pani c . The whole eastern Cape is in flames ... The state will not stop us. 1I Frederick van zy1 Sl abbert (Leader, Progressive Federal Party, the white par1i amentary oppos iti on party): "What was supposed to be an era of negot i­ ation and consensus has seen us drift steadily into the present state of semi-siege. This government has neither the ability, the plans nor the talent to cope with the demands of genuine reform." International Responses France: On July 24, recalled French Ambassador to Pretoria, cut off all new French investments, claiming South Africa has II reinforced its repression. 1I United Kingdom: On July 23, Sir Geoffrey Howe, British Foreign Secretary, ca11 ed for the unconditi ana1 release of Nelson Mandel a, called for the end of the II state of emergency, II the end of detenti on without tri a1, the progres­ sive abolition of discriminatory 1a\'/s, and lI a commitment to some form of common citizenship for all South Africans. 1I (speech before Royal Commonwealth Soci ety) . United States: On July 20, the State Department expressed that the US government was IIdeeply troubled ll by the continuing unrest. The communique added that lithe situation has deteriorated to the point that the South African government felt compelled to institute new measure. We hope sincerely that the unrest wi 11 abate rapidly, permitting the South African government to remove those measures and get on with the urgent business of reform." On July 24, Secretary of State George Shultz admitted relations were strained "to put it mildly,lI but strongly defended the administration's II constructive engagement ll policy, stating that the only alternative policy was to "reduce what influence and leverage you have" and reiterating his opposition to economic sanctions. RN.
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