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Distr. GENERAL SECURITY s/81g6/iida.P 30 October 1967

COUNCIL ORIGINAL: ENGLISH

REPORT OF THE SPECIAL COMMITTEE ON THE POLICIES OF OF THE GOVERNMENTOF 'I%E REPUBLIC OF SOUTH &?RICA Rapporteur: Mr, Abdulrahim ABBY FARAH (Somalia)

ADDEMDUM

ANNEX II. REVIEW OF DEVELOPMENTSIN THE REPUBLIC OF ,SOUTHAFRICA SINCE THE REPORT OF 21 OCTOBER1966 y

* Also issued maa- the symbol A/6864/Aaa.l. I-./ For the report of the Special Committee ana Annex I, see S/8196.

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CONTENTS Paragraphs

INTRODUCTION. , , a . . . n , . . s ...... , . . . 1 - 58 A. Defiance of United Nations decisions on South West Afxica.. 0 I . . , . *, ...... 6 - 16 B. Defiance of United Nations decisions on Southern Rhodesia., . . , . , ., V ". , ...... 17 - 24 c. Hostility and contempt toward the United Nations . . 25 - 31 D. Preparations to resist international pressure . . , 32 - 4-l E. Relations with other States ...... e . . 42 - 50 F. Intensification of propaganda . . . e ...... 51 - 50

MEASURESOF RACIAL EEPARATION AND DISCRIMINATION . . . . 53 - 155 A. Implementation of the Group Areas Act of 1950 . . . 7s - 67 B. Removal of Africans from "White areas" . 4 . . . . . 88- 105 C. Apartheid in sports 0 ...... n ...... ' . 106 - 125 D. New legislation . . . . jl . . 0 . . . . . , . . 126 - 155

REPRESSIVE MEASURESAGAINST TKE OPPONENTSOF APARTHEID ~36 - 236 A. New legislation (I ...... , . . . , . . , . 160 - 18.5 B. Political trials ...... s ...... 186 - 191 C. Prison conditions and ill-treatment of prisoners . . 192 - 201 D. Banning orders, house arrests and banishments . . . 202 -. 224 E. Harassment of opponents of apartheid ...... 225 - 236

THE BUILD-UP OF MILITARY AND POLICE FORCES ...... 237 - 272 A. The Defence Amendment Act No, 85 of 1967 ...... 243 - 246 B. Expansion of the military and police forces . . 0 . 247 - 250 C. Manufacture of arms and ammunition and military equipment V ...... , . 0 ...... , 251 - 256 D. Import of military equipment . m , . . , ...... 257 - 266 E. Military co-operation with other States , . . . . , 26’; - 272 CONTENTS (continued)

Paragraphs

V. DANGER OF VIOLENT CONFLICT . , . . * q e ...... 273 - 314 A. Violent incidents in South West Africa 1 + . , , . 383 - 288 B. Clashes between Sout,h African nationals and the forces of the r@ime in Southern Rhodesia . . . . 289 - 299 C. Anti-"terrorist" measures on 's borders 300 - 304 D. Entry of South African forces into Southern Rhodesia 305 - 314 I. IN!.t%ODUCTI@3’

1. ijur irig Qze past year, the &n.~t,h African Gx~ernment has cnntinue~ t.2, defy hl1e . &c,j.sj.ons of the General Assembl-y and the Security Council and to pursue its po:!.iCi eS of apartheid and it s ruthless repression of persorl s in South Africa who oppose those policies. 2 Instead of abaalwing the policies of apartheid., 1;he South African Government has proceeded to intensify racial. separation a.n:? ~disc~:i&.nation by new laws 9 xq;,#Latl.ons and administrative measures . 3* Instead of ending its persecui;.i..?n of the opqx~ents of apartheid and. Liberating

the pol.%tical prisoners, as repeatedly called fo:.* bg,’ t!:x Genera!- Assc~dd,~ c?uC.tk Security Council!) the South African Government has inclxaseii Yeplession and enacte!d

ad.c?it;ionai arbitrary IiS;hlat ion. Des,pite res~.~l.?ri:ions of the Gene1:a.l. Assembly and

the Security Council which called upon it to refrain P~c)m excc&ion of oppxronts i;3” a,parthcid, it h.as executed severan. members of tF&a Pan Afxicarlist C!ongi;rass of Seth Africa .~GPoffences al.legedly committed sevcra.1. yews ago, anti has enacted F. new law - ,the Terrosism Act - providing Po.~ death sentsnces,

4. The South African Government has not given the sI:ightest ind,i.cati.on bhal; i!; .Ls ,prc;.x~ed to seek a ,peatx:Cul. soli:tioh to the expl..xive situation, in aCi3oS(‘iaMx? 7iii.111 the principles of the United Matiuna Charter anir. by c..>nsuItat1 on with the ;;“n?~i.n:‘: Irewnseatatives*_ ;li’ the pe’.,pl.e, Instead, it haa cc&,im:.ed. the rapid e~_nansinn -1t’ its secu7:it;y forces in o:ci!.er to impose its inhuman p!.j.I5cies by force. 5. These p01Li~i.c~ and attitudes of the South African Government c;?nstftut,e ilot only a bLa.tant defiance of the decision& ,xE’ the Generai Assembly and %he Secu~Lty COuhciL with respect to the policies of apartheid in the Re,pubXc of Sout’h Af~;‘!.za, but a challea::e to the United NaM.ons in the whole o.r’ ~uthern Africa.

1.1 -m.mw..--“---w~Defiance of Unxlted--.---~.,-~~..---.--~*“~~ Nations d& lsions on South West AfYica

.- .’ b The South African Government has rejected ,i,ke historic reso.Iution 214.5 (XXI) adopted by ,tlze General Assembly on 27 October l(,l% decitl.?.ng that the Mandate ovw Eputh West Africa was terminated and that *f;he Territory henceforth came v.n3z~ t3.e direct responsibility of the United Nations, and it; has even threatened vio.lcnt resistance to the implementation of that decision.

"to get into South West Africa only to get at us". He added that Fareign Minister Sr. huller had "spoken for all South Africa when he warned that South Africa would resist with all the gower at its disposal any attempts whicn endanger the safety of South Africa or of its peoples committed. 'ta i.,ts care I! .)4J' 12. In a New Year's message broadcast on 31 December 1366, the Prime Minister described the General Assembly resolution as a "clearly unlawful and senseless decision". 13. On 23 May 1967, he declared that South Africa cou.l.d not even recognise the United Nations Council for South Africa. If they "knocked on the door", he would not even bother to open and he would have nothing to discuss with them.. z/ 14. On 6 June 1967, the Minister of Foreign Affairs, Dr. Muller, accused the United Nations of wasting its time with a special emergency session on South West Africa, struggling with t?:e phantoms and ghosts of Its ima@nation, 6/ 15. On 11 June 1967, Prime ?&ini.ster Vorster said that South Africa was not iIl.?lWeSh3~ in the United Nations decision on South West Africa and wodd not take any notice of it. I./ 16. Meanwhile ., the Smth African Government has been proceeding more openly T&T,h the implementation of the Odendaal Plan of lcj&, ?:hich was condemned by the United Nations organs and which is designed to partition the Territory VJith half the area left to the small white minority and the rest divided into several tribal reserves. Prime Minister ‘Vorster told the Rouse of Assembly on 10 February 1967, in answer tb a question, that the Government had purchased 2,500,OOO acres of land for Banlx. tribal reserves in South.1Jes-t Africa from the beginning of l$lb. Y These purchases were designed to im@ement the partition plan, On 21 March 1967, the South African Minister of Rantu pdministration and Development, Mr. M.C. Botha, announced that the South African Government would assist the Ovambo people of South West Africa towards the attainment of " sel.f-de~terinination" in the tribal reserve. i/ I'bid., 15 November 1966. S/ Ibid., 211 May 196’7. 6/ Ibid., 7 June 1967. I/ Ibid., 12 June 196-7. House of Assembly~~ts, X0 February 1967, ~01s. 1013-1014.

/ . . l B. Defiance of United Nations decisions on Southern Rhodesia

17. The South African Government has continued to defy the resolutions of the Security Council and the General. Assembly on the question of Southern Rhodesia, claiming that the "dispute" between the United Kingdom and Southern Rhodesia is their, exclusive responsibility. 13. In an address to the Congress of the National. Party in Pretoria on 9 Nove.mher 3.966, 14~. Vorster stded:

"I say again that the Rhodesian question is a domestic affair between Britain and Rhodesia, It loay not be placed in the arena of world politics....

"South Af?;ica has clearly stated her attitud.e towards boycotts. We a0 'I., not take part in them and we dare nut allow ourselves to he forced to take part in them." z/

19. On 14 December 3.966 the Ministex' of Agricultural Technical Services and of Water Affairs, Mr. Fouche3 said that the Republic was determined to continue its trade with Rhodesia as it had done in the past. 20. In his New Year's eve broadcast, Prime Minister Vornter described Security Council. resolution 232 (1.966) on Southexr Rhodesia as one which had "created a very serious prr3blem for South Africa - a problem which if not handled very delicately . can lead to confrontations with very far-reaching effects". 21. In his opening address to the Parliament on 20 January 1967, State President Mx. Swart said: "As to the Anglo-Rhodesian dispute, the Government perseveres in its conviction that the dispute remains the exclusive responsibility of the

22. The South African Minister of Economic Affairs, Dr. PJ. Diederichs, said in Vienna in January 1967: "Ou?: trade with Rhodesia develops within the normal tdl/ pattern. We do not intend to prevent - or support - the United Nations boycott. -

a/ The Star, daily, 10 Noveriiber 19%. lO/ guse of Assembly Debates, 20 January 1967, col. 3. :s 4 i -ll/ The Star, daily, 5 January 1~67. c. _Lrn”IHosti.l.ity and con%e~,pt toward ‘the TJnited “.I---Nations 25. Illustral;ive of the a”i%:it;u.de of the Soutqh African Governmentl ‘to the United

African Min.ister of Transpost, FP. 33.J. Ek.hem,~, ,Cefemirq to General Assetibly k*esolu-tion 2245 (XXI) on South West, Africa, said trhat the United. States wa,s shoiti*ti,ng together wikh “immature, ixxcsponsiblx and g&.ml-t.Lve black. States” 3 in -s:xYt.e~tq win favour with them. “And now Brita:in. has climbkd the ‘bafidwagon and has hati, *the impertinence to pass ju&;ement Ron %he adtxki.stt;rxt~.:~n of South West Africa by Sou’th Afr Lea, Xt is pathetic to see great nations crak!.ing to black States and. making a farce of ihe United RatFans.“- lZ/

ICC_12/ Sw-i%ern Africa, Lond.on, 7 14ovember lg66.

. ‘, * : 1ieeci.s. South AT’rica had. also built up j.ts military strength. “ITJe hope we will never have? to USC it, but it trould ‘be eximinal negLec2; not to make the necessary pxovision . ,J9/- 36. 011 lb nece1nbc-y* 1966, ia?. Fou.cie 1 state? that the United TJations discussions on Southerrj. Khodesia had made it clear’ thabA. there was a .noseTb.Llity that sanctions could be e:ctended to South Africa. But, be added, S0ut.h Afxica ?;as st~rong, em-xiq!~.1 -to withstiand sanctions for at least three years. The Minister sa5.d. there was no Cal.i.be for ~I.ZLLVIbecause there was no army ,j.n ~frjca, either singic ox combined, whj ch could attempt a mFl.itary attack on South Africa. Even the lJn~.S,edlYat&;;;s ?ws not able to du so. Only the majox Po~rcrs could afford such a thing. He WIS aiso

:~*epor?~e~:change f’or the purchase 3f strategic goods. 39. In December I.$%, t;he Minjster of Economic AffaF:‘s J Dr. M. DiSieriChS~ annm.anced that the Govexnment would lend about. $US 28 million to the shipbuilding industry as part a;’ the policy ‘;o make South Africa self-sufficjent in st,xategic 20/ industries whj.eb would be affected by ~JoJfCO’ttf. .- 40. Ii? the same month, it bras disclosed that i;he Qvernm,ent had decided to build

S.llO”i;hEr oil refinery in order to gain more direct c;ni;xol.. ovex that vitnl 214 prodLK!t .-- The Government also purchased oil bml~?rs through the Indusdxial

D~~cl~prr~nt Corporation 3r1d. began constructjon of ‘additional oil stoxage facilj.ties L

%I/ T\Jews from South-- Africa, Bew York, 5 January .1-967. me country already has four refineries: the Shell- -21/ rl;ia,., 21 Decefibes ig66. B, p. plant at.,Duxban with a capacit3 r of 3, IQ?, 000 gallpps cf crud6 cil a day; &)e ~cp$l xe$tnexy” in Duxbaa with a capacity of 1,4OO,OOO‘ gallons aazthhe C&tex xefinexy in with a csgacity, of 1;,05O,Of? gallons; Satmax refir,ery at Boksbuxg with a capacity of G;P,OOOgallQq+ These. C’G2 in ‘_ , addition to the 8asol Oil-fxOm-Coal plant, "The @.arrt and c~xZ;%;~7 i,2&S are being p:.id fez 0x7 of a special f’und anti could entible the coun?xy to suyvisrc Tfi.i,tFoI:.t oil i.m~w:,S for more than a year’ under conditions of rationing. . . .

“Neanwhile the gacc of *the second stag? - the searcl far natural oil in the Karoo and on the offshore ConXnenta:i Shelf is be-w Stepped up. . . ~

“Fi.w.% contr~ac”;s to explore t’. &?e Continental Shell” ave alrea’?;y been a2lotted to ,varj.ous consortiums inwl.tG.~y; virtually alJ the major 05.1 cowraniat.t ?.j; “Ghe v0rl.d. s

I said jri the Senate on 6 June: ii, 1 “Tbti closing of the Suez Canal, of cou.3:sc underlines the imp;r&ance (3~ . . 50* Prime Minister Vorster said on 11 June had again strongly emphas%z,ed the importance of Soilth Africa's strategic position, He believed that would lead to a realizat%on of South Africa's value to the world and Op Lts efforts to preserve peace and order in southel~n Afrlca.- *v

F. Intensification af propaganda- 51. The South African Gc3vernr!Ent has greatly intensified its pro,paganda designed to deceive wxld public opinion. of the trut!~ about the policies of apar’c;heid and : discredf’b the effor’ts of the United Natiijns and the infmmational commnity -ix secure an abandoinment of that policy. 52. In an address in Durban on lit November l-966, Prime Minister Vorster announced that the Government would undertake "a comprehensive information campaign to inforM the ~overr:lments of the world and consequently also international organizatixx, inciudi.ng the United FJations, abou$ exactly what we have done and are doing for the non-Whites in South Africa".- @/ 53. Xpeaking in Johannesburg on 23 November 1966, Mr. Vorster called on all South AfricaIs to mite letters t,o friends and acquaintances abroad to tell.. them about South Africa.~~ 54. In a statement on $ December l.$6, elaborating the Prime Minister's announcement, th.e Minister of Poreigll Affairs, Dr. Hilgard Mull-er, said: "In addition to the activities of the Department of Lnforma-Lion, the Departmen-L of Foreign Affaii -s vri2.L consequently in future furnish full details of our policies and of the progress made Ln their application, to those Governments and international organizativns which in ouz opfnion are genuinely interested in these issues-... "As ~5.11 have been appa?:ent from what the Prime Minister said a% the time, the information to be provided will cover both South Africa and South West Africa." He annoilnced tlxat, as a first step, a detailed survey on South West Africa was

II l MEASUmS OF RACIAL SIEPAHATION AND DISCIUMI~TION

39. The South African Government has continued to pursue its policy of racial separation and segre&;,%tion during the past year, GO. Under the Group Areas Act, condemned spec?fically by the General Assembly, many thousands of non-whites have been ordered to move out of their homes and c.ctmIlunities. The Government has not only continued to remove African families from the Western Cape but has announced new measures to restrict and reduce African labour in the industrial areas and to institute a system of registration of African labour In the reserves in order to direct such labo9ur, It has made some tactical concessions in sport in order to maintain the traditional sporting relations with western countries, but continued to impose strict separation in South Africa. Gl. Moreover, the Government has enacted new discriminatory legislation to enforce apartheid, 42. The above-mentioned developments are reviewed in this chapter. 63. It should be stressed here, however, that the numerous discriminstory hWS enacted in the pst continue to be implemented at the cost of grave distress to many families.

64. The Popub~tion Registration Act providing for the classification of all tile geople by race? which is considered one of the pillars of the system of apartheid, continues to lead to broken homes and families and great distress. Three recent cases are illustrative. 6 In February 1966, Sandra Lain& an eleven-year-old school girl was reclassified “Coloured.” after complaints from some parents Sn the white boarding school she was attending, despite the fact that her parents and two brothers and a sister were white I She was reported to be R “genetic throw-back” showing certain African features V Short J-y after, she ‘was brought home by the school principal and a policeman who told her @rents that she could no longer stay in school” In fact, under the apartheid laws, she could not even r~mQ.n with her family unless she was registered as a servant, The father, a storeowner, near , Riet Retief, reported that his wife was so distressed tnat she “often threatened XL/ to take her life and to take our daughter with her”. I d The 1\JewYork Times, 24 December 1966. I 9.. “i., ,,, ,:i, :,+,,: 66, The case was reported in the world press and the family rc~iveo letters from swero1. couulr.ies offering to provicie a horllz Ox the girl. 67* The father appealed the classification and indicated that if the judgement was unfavourable, he would seriously consider accepting offers from abroad. On 2 May 1467, the Pretoria Supreme Court dismissed the appeal but suggested that consideration be given to reclassification under the Population Registration Amendment Act of l$$r(. Subsequently, in July 1967, Sandra La

69. A third case under this Act is that of a young woman and her fiance who committed suicide as they found after engagement that she had been classified coloured though she was ,white in appearance. They asked that at least in death her body should be regarded as sufficiently white to enable her to be buried with her fiance.. The couple 'were buried together in a cemetery reserved for whites. $/

32/ ae Times, 8 and 9 August 1967. w- Ibid., 5 December 1966. w Rand Daily Mzi.1, Johannesburg, 21 March 1967. --, --

-lrj-

Under the Immorality jet, another pillar of the apartheid system, ~!qjCh prr)hibits sexual intercourse between whites and non-whites, police slluoping and trials contilzue. Over 6,000 persons have been convicted under this Act si.xe jl, came 'into force seventeen years ago. Ca~eritiIlg on the implementation of this. law, Cape Times wrote on 9 May 1967:

"It has, of course, precious ZLttle to do with the prevention of or, EG a Cape Town magistrate put "The latest figures show that tn One year all but 12 of 252 mm convicted of irnmoral.ily were White. The fact That White women are only reseky involved in behaviour of this kind is no? surp~fsing, in the &i&t of our social. and racial mores . But it is al30 easier for the police to detect or even anticipate 'immoral~ acts which: Involve White men and Coloured or African prostitutes or domestic servan:s. We have it from those who know, however, that the conviction percentage is but a drop in the ocean. And on the debit side there are the growing list Of suicides, the ruined lives and reputations, the invasion of domestjc privr,Cy, the breaking up of many a stable y;xelationship between people cf+ different Colours. Not to mention the wastage and misuse of palice manpowe".' 35/

The Group Areas Act, whj.clr provides for the forcible separation of racial groups, continues to be implerrjntsd actively. Between 25 November 1966 and 6 October 19679 fiPty4Fve :;rluP area declarations were published in the Government Gazettes: q$hese e&red the reltloval. of tens of thousands of non-whites ', from their homes.. A few cases are illusQative. 73. Sir Lowry'fi PEGS> a 1mle.t in the , was proclaimed a white group area on. 25 Novembe? 1.966, though 95 per Cent of the inhabitants are coloured _, people and the ~,~loured people had hundred residents of t!-: town called a protest meeting.

eaj.trial, 9 May 1967. d The Minjster ri' PlsJ'mKi.ng, Mr. Haak, said In the House of Assembly, on 26 lay 1967 tsat to date more than 1,000 group areas had been proclaimed at ., 291 diffcrer:c pla.ses . The proclam&ian of group areas at 102 other Centres was SC present under consideraticn. d Cape Times, 5 December 1966. -2o-

74. Stutterhejm, in the Eastern Cape, was declared white in June 1967. 38/ About; 6,000 Africans and 300 coloured people will be obliged to leave the toVn within a year. The Africans will be resettled in a nearby area, but no coloured area has been designated. There are many African-owned properties w."l-thin tk? UKUliCipd. axea, and these will have to be sold to whrtes: 32l 7p. On 7 June 19&j', the Southern Cape Peninsula (Lakeside, Wizenberg, St, James, Kalk Bay and Clovelly) was proclaimed a group area for whl%s, though the area is Inhabited by many coloured people. KaUr Bay, for exaqIz, has been inhabited by coloured fishermen for centuries and is traditionaLly a coloured areaI 76. Plan, M. C.4.Roberts, zi resident of the nrea and acting Chsirman 02' the KLack Sash, said on 7 July 15367: "This is anot;h& excmple of how shockingly un?%ir a group areas proclamatlion can be, ..* II .&part from Simonstaqn, Ka% Ray was the oldest- settled commu.nity on the i%lk Bay cost, and to tlzi~ day the Coloured people are the only people earninE their living there,"'w

77. Pk. IiamiJton Russell, chaiman of the Cape blesk

“It is from fhe Caloued people that 33.lk Bay gets its character rind chszmis This will. xow be Lost to be replaced by bitterness and frmst~;jt~~~ ~J?KXIF:these people who wis:~ harm to no on?.

"The Pnstitrte mce again condemns the spirit, intent and application of the Group Areas Act, lnvolvlng as i5 does the LLM.mate mass uprooting of sei;t.l,ed commun..ties, ktiatever be their race, with the resultant ' dcatri.%tion of coamunity and cornmerciLL life,"@/ 79. The Anglican Archbishop of Cape Town, the Most Rev. Robert Selby Taylor, in the .diocesan newsletter GZod Rope-, described the proclamation as "flagrantly

unju.st" . Criticizing the WPQ in which the polioy of separate development is being implemerrMl., he said: "It perpetrates injustices and hsxdships a.nd by doing so 2s creating, 5 store of bitterness which we shal.l reap in the ::'u.tul"r."* 43/ 80. On 4 Sep-lmdx!r 1gg, the Executive Committee of Lhe Cspe Peninsula Church Council issued IL statement in which it sa1ci:

"We reiterate our conviction that the Gsoup Areas Act, as implemented in the Caye Peninsula, is contrary to Holy Scr*ip%ure and therefore is unworthy of a Christian nation,

"We call upon Christian s of' every church to -~re-aa by every legal means for the suspension of this measure in this area. "The Coloured people of the Western Cape have no homelands to which they can be banishec?. "Their title to reside in many of the axeas from which they are now to be excluded is stronger than that of the Whi.tes. "In many cases they are being deprived of their means of living and in other cases are beirlg subjected to grave economic pe:nalties."

81. The effects of the implementation of certain earlier proclamations may be noted I 82, It will be recalled that in earlier reports9 the Special Committee noted.

the removal of thousands of fndinn Pstmilies from their homes in Johannesburg,

to Lenasis, a new twentyntwo mi,les fromthe city, A recent snrvey noted that has a population of over? 18,000, a majority of which suffer "fro:m malnutrition in their barrack-like, two-roomed homes which th.ey rent for I.82 rand a month". One residential area in Lenasia has no waterborne sewerage and s/3:netimes the pits are not emptied for days. There is no '&olice stationi Or hospital and social. amenities are inadequate q One of the greatest problems of the ~eo~~le of Lenasia is the cost of transport: the wceldy fare to the city by train is 6.30 Rand per person while the average income YPX,_I- household is no-t much above 4.0 rand a r~ronth?~/ ~?3 As a result of Group Areas Act proclamations, thousands of coloured people have been moved from their homes in Paarl to Panrl East. In a memorandum of 31 JuLy 1967 to the Depart&ent of Community Development, a? interchurch committee, representing most churches except the Dutch Reformed ,Church, descri.bed the appalling conditions in Paarl East. Fle new houses in Paarl East are considered poor substitutes for what the people had to surrender. They were moved with great haste into an area which still had to be made fit for habitation, while the houses in the central area of the town which had been vacated were occupied by whites or demolished or remained vacan-l;. (Many of the houses from which the coloured people were removed were used to house immigrants from other countries.) The Committee charged that many coloured. families were deprived of their homes in order to force them on to tile farms.- 45i 84. Senator C.C. Kenderson (United Party) pointed out in the Senate on 15 June 1967 that the whites are "making a very good thing" out of the acquisition of properties of "defenceless" non-whites who have been forced to move out "in , in Newlands or any other similar areas throughout the length al?d breadth of South Africa". He described in detail three cases in Ladysmith in which non-whites suffered while whites greatly profited as a result of group area proclamations. 4.6/ 85. Many of the victims of the Group Areas Act have given up appeals to courts or resistance as the Government, determined to impose its will, has shown no hesitation to amend the law to circumvent adverse judgements or to use force to break resistance by victims, Some, however, have continued resistance to this unjust law as a matter of principle. Among these is Mr. Nana Sita, former President of the Transvaal Indian Congress and a disciple of Gandhi, A sick man, now sixty-nine years old, he has already served two terms of imprisonment of' six months a.nd four months respectively in 1962 and 1963, for refusing; to obey *he order to move from his home in Pretoria, which he has occupied for forty years, He was again charged under the Group Areas Act ill August 1966. On 29 August 1367

45/ Cape Times, 29 June and 1 August 1967. 46/ Senate Debates, 1$ June 1967; cc&s. 4652-4658. he was found guilty and again imprisoned as he refused to pa;y the 200 rand ($US280) fine.g/ In a statement reizd from the dock during the trial, Mr. Sita said:

?T!he Group Areas Act is cruel, callous, grotesque, abominable, unjust, vicious, degrading, and humiliating to the utmost against wxlom it is a@ied. Bow an Act which is enforced against the Indians with callous disregard of human suffering, misery and unhappiness, can be described to be based on justice is beyond the comprehension of any human being. " bJ

86. On the day of the sentence demonstrators organized by the South African Indian CongxeSS protested against the Group Areas Act outside South Alrica House in London. Among them were &ii. David Mercer, a British playwright, Mr. Ronald Segal, Miss Mary Benson and Vxs. Margaret Legum. The Asti-Apartheid Movement sent the following message to Mr. Nana Sita:

"We wish to place on record our admiration to you. We appeal to all who cherish liberty and human dignity to join in condemning the Group Areas Act in South Africa, and the whole degrading system of apartheid which makes suck heroic sacrifice necessary." @/ The message was signed, among others, by the Marquis of Yarnbury, Lord Byers, Sir Hugh Casson, Lord Collison, Lord Gifford, Lord Soper, the Bishop of Woolwich, ' Mr- Angus Wilson, Mr. David Steel, M.P., Mr. Michael Foot, M.P., Mr. David ItierCer, Prof. Richard Titmuss and the Rev. Michael Scott. 87. Mr. M.S. Bhana, a twenty-seven-year-old Indian of Johannesburg, also chose to go to jail rather than to pay a fine of 100 rand when he was sentenced On

5 JUQ 1967 for contravening the Group Areas Act. Mr. Bhana said in court that

he felt that the Group Areas Act was an unjust Act and the ruin Of the Indian B. Removal I-."d.--of African frorq "White 5t~eits' 88. As i&icated in earlier reports, the C&vernment has been attempting for several years -to remove Africans from the Western Cape, which i.t intends to

reserve for whites and coloured people, but the African population has increased every yeaa: bem.&c of the great detnand for labour.- 53/ E9, The main xesult of the Goveriment*s polic, yr has been that African families have been steadily removed.from the areas and replaced by migratory workers brought in under contract.22/ Thousands of these African men are housed in "bachelor quarter$" - pre-, fabricated bungalows each occupied by forty .men -. and their famil.ies are not allowed to accompany them to the Western Cape.- 53/ Women are %bZe to enter the quarters by permit only.- 9q

2. The 1966 f'igures show that the aumber of Afr5can.s increased by 13,388 in tile magisterial districts of the Cape, Vynberg, Simonstown a:nd Belville. gape Times, 21 January 1:357. 3?/ The Minister of Bantu Administration and Development stated on 23. FebrusiLy 1967 that there were 131,&l.4 African contract workers in the Western Cape. House-- --....w.&of Assembly Debates, 21 February 1-967, col. 1630. $jd According to a survey done in the Cape Peninsula a few years ago, 68 per cent of the men living in single quarters were, in fact, married men. Zlle star, Johannesburg daily, 4 January 1967. -Sk/ The Cape Town City Council, in August 1967, turned down a suggestion to establish a recreational room where Langn "ba6helor quarter" residents cou1.d entertain women. Clape Times, 7 August 1-93rj7. Major A.Z. Berman, the Chair;&n of the Council's ZIeal.th and Housing ConLmittee, had explained on 11 July 1967, that:' '!They are migrant lsbcurers - men without their faMXies = We know that they need women, but we are not going 'to allow that." cape ,Tigle s, 12 July rg@. A _Cape Times_ editorial of 12 July 1967 commented;

II . . . tne ap~palling fact in South Africa is that the Gotiermllent is enforcing this SractiTe of abstinence over long periods on vigorous men as part of the country's permanent labour system, and a large part at that . Ordinary family Zife has been steadily decreased for African labourers as a direct result of so-called *separate devel-oTmentfi. This has caused what has been described as a 'raging cancer' in African social life in the cities...,"

/ . . . zero, IT cOlOUred la;bour Secme am,ila.'kle mearmh'ile, the process would be accelerated.- 57/ On 21 December ~966, thr Ce:~zt;~ Iviinister of Bantu AdministraCion, Mr. CWizee, further informed the Western Cape ern@o~~.i P "3 that t'he +trodnction of cnontyact labour for seversl categories of work would no longer be allowed unless the el;~.gloyeys obtained certificates that no suitable coloured ~~:p~ic~ll?kr; .%i Were %yaiLable. Coloured ilpplicantt-, would ilizve to fill those pOStS.-' 92. The Cape C>ham.er of Commerce md ,the Cqe Town Sakekainer (i.e., organized .Rfrikaans business) ex'p ressecl Concern that the removal of ATricans would disru-pt illc'ustry and decrease production irr the area. 221 93 The eq&giorl of African workers fr%U the Lzrban areas to tile reserves lX3S been 8~ arbi.traqr that even the Chief Minister of th.e !&&dk.ei, ~GTXi'K~iYi%Chief

of African contract labourers in the Western Ciz1.e is 131,411.~, House of Assembly Debates, 21 Pebruaxy 1967, col. 1630.

!jg/ cc-Ibid., 13 January I4167 and 17 March 1967. -26-

Kaiser Matanzima, was obliged to condemn the system on 17 April 1967 and point &o/ Out kha-l; there were no jobs for these workers in the Transkei.--- 94. Pressing its efforts to replace African labour by coloured labour, the Government is instituting a traLni.ng scheme for coloured youths to meet the labour shortage in the Western Cape. On ‘7 February 1967, i-t announced that fishing companies in the Cape empII.oyFng large numbers of coloured people instead of Africans would receive preference in the award of quotas.- 61/ 95. The Government seeks to remove all coloured people from the Trankskei and most of the Ciskei in the Eastern Cape and transfer them to the Western Cape. On 13 January 1967, the Minister of Planning, Mr. Haak, announced a plan, wor'ccd out by a Cabinet Committee, to carve up the Eastern Cape into labour-preference zones for and Africans. African hbOur is t0 get pY.?f'erenCe in areas eaSt of a line to be drawn roughly between the Fish River and Aliwal North; coloured people w-ill get preference west of this line. This involves the removal Of 14,000 coloured people from Transkei to the Western Cape. The coloured pOplc will be allowed to remain in group areas set aside for them in East London7 Queenstown and King William's Town districts.l- 621 96. The Government has further indicated. that it would vigorously press for a reduction of African labour in all industrial centres in order to achieve its objective Of reversing the flow of African labour from the reserves to the "White areas" by 19’76. 97, The De:puty Minister of Bantu Administration, Mr. "Blaar" Coetzee explaIned in the House of Assembly on 12 October 1.966 that the plan is to "stop creating employment opportunities for Eantu in the metropolitan areas in factories and industries Zn which Eantu labour predominates..,. For their economic future the Witwntersrand and all the metropolitan areas, including the Western Cape, will

60/ The StaL, Johannesburg daily, 8 February 196'7. 6l-/ Cape Ti., 22 December 1966. 62/ Cape Times and Eand Daily Mail, 20 January 1967. I&. Vosloo said on 8 June 1967 that the Cabinet Committee would be responsible for implementing the long-term policy in five stages: the removal of foreign Africans; freezing of African families with limited influx of single migrant labourers ta fulfil the most urgent necessities; the gradual. replacement of migrant African labour with coloured labourers and the selection of the African population and its division into groups. Ca.pe Times, 9 June 1967. have to look not ta industries in which Bantu labour predominates, but to capital-intensive industries". w 98. The Minister of Bantu Administration, Mr. Botha, stated in Cape Town on 6 Feisruary' 1967? t'hat the present ratio of black to white in t'~+W.t~" South Africa 64-J was 2.2 to 1, and that the aim was to reduce the rstio to 1 to 1. 99. In order to compel industrialists to comply with the Governmentrs plan, the new Minister of Planning, Dr. Care1 De Wet, introduced the Physical Planning and Utilization of Resources Bill in 12 May 1967, The bill provides that no industrial township may be established without the written approval of the Minister of Planning who would take into account the availability of labour, housing, water and other factors. The Minister ma,y impose conditions in respect of any of these factors. Government may also, by proclamation, designate areas or industries in which ministerial approval is required to establish new fiictories or extend existing factories, or to increase the number of employees. 100. This legislative measure was strongly opposed by commerce and industry, by the United Party and the Progressive Party. 52.i The opposition parties did not object to decentralization of industry, but pointed out that the Government's purpose was noi; economic, but to restrict and reduce African labour in urban areas by moving labour-intensive industries to the borders of African reserves. 1OL Meanwhile, on 27 April 196'7, the Deputy Minister of Bantu Development, Mr. Vosloo, said that in the near future compulsory registration of every African in the "homelands" as a work-seeker would be introduced. He said the Africans could no longer exist according to the traditional -pattern of tilling a small piece of land each, and it had been decided that all Af&$n labour should be mobilized through the active agency of the Eantu Authorities. A scheme was beir!g worked out for the decentralization of labour bureaux to the tribal and regional authorities. He added:

63/ --House of Ansembly Debates, 12 October 1566, cob. 1402~~lcO3. 64/ -.-.-jThe Star Johannesburg daily, 7 February 1967. 6a The Federated Chamber of Industries and the Associated Chambers of Commerce issued a joint statement opposing the legislation. Cape Tiaes, 26 May 1967- The Johannesburg Chamber of Commerce estimated that the cost?f reversing the flow af African workers would eventually be 1,050 million rand over the ~ fifteen-year period it would take to i.mplerr,ent this policy, or 70 millioa rand a year. -..-Cape Times, 8 March 1967+ / -28e

“T;izse &U$X would. then be allotted tO.speCZific labour categories Rccordivlg to prescribed norms SG that all sectors would receive their rightful share of the available labour. As experience was gained, the Bantu would rise i;o higher-paid types of ~S~OUY. It would have ta be borne in mind, jxxever, that ‘!luman beings ~7ere Involiied who could not ‘be moved about like -p,~,~ns and that the employer sholl3.d also make working crond’itions a-ttxactive .‘I -64/ 102. The M-sCa.r;e Tiinas commented fn an editorial of 28 .Ap&l 1967: II . 4 l tbi.6 is an outrugeous statement, for its plain meaning is that all African men, even in their homelends (including presumably, the ‘autonomous’ Transkei) would have to register. When registered their personal details would be compared with a schedule of some sort and they would be classified as this or that kind of worker. There is nothing to show how much their own preferences would weigh in this classification, so that we are unable to say whether a man who registered, in the hope of Unloading ships in Cape Town might find himself planting mealies in Lichtenburg.... There has been less and less freedom of movement for Eantu workers in recent years, but it 2s 8 new j:ri.nciple - if that is the intention - that even his right to ‘idleness’ at home in the Homeland shall be taken away, and that, what appears to be full- scale dl.rec’tLon of labour, shall be introduced.”

103. The Archbishop of Cape Town, Cardinal Owen McCann, protested on 1. May 1967 against the registration of the African and “their cataloguing and their being dlLrec-tied. to certain types and spheres and areas of labour”. 104. The Archbishop stated:

“‘llhey are men and they cannot be treated as mere commodities.

‘Such a system could be sood only if it heI@. him to find t?ork and enabled him to keep his family life and responsibilities.

“Once a,gain we zxy out against the evils of the migratory labour System, its immoral consequence s and the break-u-p of family life.” a/

105. Mr. V~sloo, however, confirmed on 11 July 196’7’ that the tribal labour bureau plan WEi intended to combat preJu&lce against farm employment and to harness the 681 dirge pOtenti.Ed labour force in African areas. -

667 Cape Tirne6, 28 April 1967.

GJ Rand.ljaily Mail, Johannesburg, 26 May 1967, $g r&e Star, Johannesburg daily,‘12 July 1967.

/ .C” c.

106. The South African G~~er~lent has been concerned over the Republic's gi~wing isci...t-tlon ii1 inteDXL"tional sport, as a result of boycott s and expulsions f mm i.nternatioaa1 sport organizations as a. xaction to the imn.p~Si'tiOil of .ra,i:ism in South Africail sport. Du.ring the past year, it ma.de certain tactical concessions with a view to disrupting international op-positior~ without, howe,iier, abandoning eni'orced separstion in sport in South Africa. 107. These concessions were apparently occasioned by the arw;iety to be readmitted to the Ol.ympic Games and by the possibility of the cxucellation of the tow of the

United Kingdom c.??icket team (MCC) to South Africa. 108. South Africa, which did not receive an invLta.tion to the Tokyo OLym,pics in Sy64 bocau3e 02 her racial policy, has been attempting to obtain an irrvitation to t&e -part: in the Mexican Olympics in 1968 and. the "Little Oly-mgics" in Mexico in October 1967. In October 1966, the Intern~kLonal Olymrjic Committee announced that a three-m?nr fact-finding mission pjo&Ld visit South Africa to investigate the administration, orgmizkitiwn and development of sprt in South Africa and to ascertain whether everyone had an equal opportunity of taking -part in the Olyqgic Games * This question VW due to be consid.cred n:t the InterrraZionsl Olympic Ccrmmittee meeting in Teberw in May 1957. 109. Meanwhile, the rigid enf'orcement of apartheid regulations during a visit to South Ai"ricu of Mr. Basil dfCliveira, a Cape coloured cricketer who became a naturalized British citizen and played for England in S($%, aroused questions concerning the MCC tour of South Africa schedule& for l968-19$5, as IQ. dfOLiveira would probably be chosen for the WC team. 110. Following; a statement in Janua,ry 196'7 by the Minister Of Interior, Mr. I& Roux, p,or;fir&ng t&t the, Governmen-t would not accept mixed teams touring South Africa, more than 150 British parliamentarians called on the KC to cancel their proposed South African tour and signed a motion urging the Rouse of Commons "to dey,lore the colour discrimination introduced into sport by the South African Government" . On 30 January 1967, the United Kingdom Minister of Sport, Mr . llenis Howell, told the House of ComWns that the MCC tour in 1968 would be ~ abandoned if South Afrio% obJected to any particular player. l3e added ,that the British Government did not aid teams wishing to .&ire part in circumstances involving racial discrimination. No application for Go:rernment financial assistance towards sports visits to South Africa had been agreed to, nor would be entertained. 111. These developments caused grert concern among South African sportsmen and the Government sou&t to meet the situation by some adjustments in policy. 112. The Minister of' the Interior, Mr. Le Roux, said on 6 February 1967 in the

House Of Assemb1Ly:

II . . I we alqe al.1 spcrtsmsn and are fond of sport, but we dare not alla-cl the enemies of South Africa and those who want to make it fq~iossible for us to achieve E~.CC~S&with our policy of separate develoI~men-t and to come out on top and triu,mph, to ploug:h us under now in the realm of sport which they k%Ow is one which is very dear to our hearts and which is a difficult one to handle.

"On the basis of principle I am prepared to give the House and the country the rassurance that this Government ,will be Just as !.x.hesitant and just as certain and just as inflexible in respect of that prixiple. But 3x3 are not so foolish that within the framework of the preservation of our principle, we will not go out of .our way to make the application of the policy nnc? the principle such, in the most carefully considered manner, as to maire OP it the greatest possible success,..." 69/ lEO On 4 March 1.967 Prime IUnister Vorster said that it was his earnest intention to rj:aintain for the young people and for South Africa as a xhole, those traditional SpOr*bS reh$iC%i UEL% h&i been built up over the years, EC made a distinction between internal sport alzd sport s relations with other countries. 70/

114. ~ldt~or3,Gi.n~ k!rie pOlicy in the House crf /\sse&Qr On 11 Apx-j.1 SgGy, he said:

“I. I) . 'want t0 make it quite clear that from South Africa's point of view no mixed sport betiieex.i ?&i.te and non-i~2hites will ';le practised locally.,. and that the other colour groups, the Coloureds, the Indians and the BW&U, pr~gtise t!xir sporl 3epn;zately. . . If a person, either locally or abroad, adopts t.'he attitude that he will enter into reiations with us only if we are prepared to jettison the separate practising of sport prevaLling among our own people in South .Africti, then I wnnt to make it yuite clear that, no matlxr ho77 Important t'hose s,port relations are Ii2 my view, I am not prepared to pay that price.. a W

"l?h~ Olympic Games is a unique event in which all countries of' the sjorld take pL21"t, and Our attitude in respect of that event was tb.at if ‘&ere 'were -- -33-

any of our Coloureds or Bantu who were good enough to compete there, or whose standard of proficiency was such that they could take part in it, we would make it possible for them to take part,... "Because the Olympic Games lays it down as an absolute condition, the people who are then selected will take part as one contingent under the South African flap o.... II 115. As regards the Canada Cup tournament and the Davis Cup competition, he said that "if it were to happen that we had to play against a coloured country in the finals, we would do so, whether in that country or in South Africa, because here one has to do with an inter-state relationship". Emphasizing that he was only concerned with maintaining traditional and existing relationships, he stated: "We have no relations with the West Indies, India or Pakistan... we had no such ties in the gast, nor did I regard it as necessary that we should have them in future". Invitations to foreign sporting bodies would continue to be extended by South African sporting bodies. "If they are asked, 'L&at is the attitude of your Government on -the matter?' they will have no reservations in saying: 'Our Government does not prescribe whom yqu may select and whom you may not select, because our Government is not your selector.'t' w 116. The next day i%r. Vorster warned sports administrators and others not to draw unwarranted conclusions from the above statement. He said that if >eople believed that "all barriers will now be removed" they were making "a very big mistake", Jg./ 117. The Minister of Transport, Mr. B. Schoeman, said in Johannesburg on 27 April 1967, that the statement of policy on sport :iade by J&r. Vorster was not a deviation from previous nationalist policy. It was necessary for the Republic to retain the friendshi:? of certain nations and it was, therefore, also necessary to retain traditional qorts relations with them. Specifically mentioning France, he said:

"If a French rugby team contains a member of mixed blood and we refuse t0 allow him to come and play here, we could destroy that friendship and good ' relationship.

'&/ House of Assembly Debates, 11April ~967, ~01s. 3959-3967. j2/' Cal-3 Times, 13 April 1967. ,' : / l . .

.a "From where will we then @et the armaments with which WC have built izrj our defence forces in order to del'end our country against attacks from OWtSidP? " y.g 118. IE. view of the above ) ,Mr, E'ran'r; Braun, Chairman of the South African 0ILyqG.c c oun1:i 1 ,e s&id in a statement on 21 March 1967 that Soznth African team members in the d~;‘!iyJic Games would "participate in the opening ceremony... in unifOrm ar;:.~xel and Jointly under the South African flag", so that there would be only WC? LiOUtir African teala in which South Africans a*f all racial groups caiz be j?r

126. Thj-s Act, which jywvWat for -the establishment of "training centres" for cape C3l*cllred youth $ requkes all Care Coloured mea between the ages of eighteen ani twenty--Pour to t-egictm as "~ec;Cu.fts" for tra5ning. Recxuits who are at school or university, iE &CL emplopr~ent~ apprenticed !:Jr 9L'e physkaX@ 137 me!-xi;ally unfit "may" be exem,pted from training.

-- ,E/ The Sta.J weekly, Johannesburg, 31. December 1966, .ti CapeTimes 9 jl January and 8 February 1.967. He was Tepor'Sed to have said: "MY heart %-&olren and my life destroyed. *. . I have been lrrxxked. iiown by 3, blow which I cannot understand. 'What have I done to deserve fhis?" -".-4'Ibid 31 January 1967. 12 April 196’7. aily Mail, Johannesburg, 27 Ju& l96'i'. 127 A. pyoportion of -tile youth is to be selected as "cadets" for twelve months or longer and sent to trainin, fl centres to undergo trainin@; ')for any kind of employment". The Workmenrs CoIrrpensation Act and the Apprenticeship Act do not apply to "cadets". 128. Paj:ental control over the iyouth selected for "work training" will give' way to control bg the committee of the training centye, except in regard to marriage and property rights. 129. Failure to register is an offence punishable b,y. a fine up to 200 rand ($US280)

or iUlpriSOl3;ile~ll; up to six months. Every registered recrllit must notify the po1i.c.e of a change of address; failure to do so is punishable. 130a The original bill provided that the Coloured youth must always c~l'ry the registration or exemption certificate and must produce it on demand on pain of sunmary axres”r,. This provision, which caused particular concern as it would have subjected the Coloured youth to the humiliations inflicted on Africans under the , was amended during the debate in the Parliament. In the final Act, the Coloured youth are allowed seven days to produce the certificate. 131. Explaining the legislation in the House of Assembly on 20 February ~$6’7, the Minister of Coloured Affairs, Mr. M. Viljoen, described its aim as "social rehabilitation", to make undisciplined and aimless persons undergo training. It was expected that about 90,000 persons would register initially and about 20,CQO persons a year thereafter. As training facilities are to beestablished, only ' about 1,003 would be selected for training. 'Those who are regaxeded as suitable for training as mechanics, for example, will be apprenticed to private garages in consultation with the Department of Labom. Cadets who cannot be classified as suitable for training in a craft or scholastic field, however, will go to a training centre where they trill perform some form of useful labour, for example, by providing assistance on localized tasks such as irrigation work, soil reclamation, tree planting, construction works, etc." ,&Oj In subsequent statements, Mr, Viljoen indicated that similar measures may be adopted later'for Coloured girls, and Coloured youths und.er eighteen. !w

9' 'House of Assembly Debates, 20 February 1967, ~01s. 1555-1556. QJ. Senate-‘I Debates, 16 March 1967, col. 2135; --kCape Times, 10 June 1967. of the bi:l.l was ,to discipl.ine Coloured youth and oblige them to undertake unskilied ] work in order to fil.1 the labour gap left by the progressive withdrawal of Africans from the Western Cape. 133- The bill aroused wide o'pposition on the ground that, in effect, i,t redups; 'ihe Coloured to the plight of paas-cayrying Africans and involved force2 -labour, though the Minister denied that forced labour camps w~ul.d be I~~C+i~u~ed- 134. On 21 February 1967, members of the Coloured commuili'ty, including forty educz'tionalists, welfare workers, sport, youth, and c'lurch leaders and leaders of ‘ihe Labour% Pa:L’“cy ~ulbti.tted a petition 2;o the Minis-t;fT of Coloured Affairs, * Mr. VilJoen, Ln which they expressed CO~CC~ ovw ~E,peCtS Gf legislation which "might expose the youtk: to indignities and hu&,Xation". They stated:

"It should be remembered that the <:oiouEed duUtkJS ~c?ih!~ tire f.n the unfortunate position of delinquents axe Larg:ly the vf.c%ims of past, neglect. They did not have the bencffi*ts of compulsory schooling. same have had no schooling whatsoever. They coa: f?Om poor environmental conditions. They come from homes which we?.'E cklturall;y 8s well as economically deprived. They have, as a r~ault little self-respect.

"We do not deny that among ‘these y;-Utl~.S, -hatever the causes of t&jx present condj.tion, there are those -i&lo wuld benefit from a course of training and discipline. We agree that -if . satisfactory method could be found whereby these youths could be iduced to lead more usefd Hves, and if society could thereby in some meSure repay its debt to them this would be excellent,

"But we do feel that the present Bill goci to0 far in that it requires all youths to register. WQ- are not :@nst registration for an honourable p.urpose, such as the defence of3ne's Coun%ry. But l.t cannot be denied that this register will be rgarded as a register from which potentI.ai 'won't works t will be select(L to be Sent to 'training centres as 'cadets', tflle very wording, vi.2 the fact that all yo~~ti~s from 18 to 211 years will be called trecruj;s' strengthens this view.

"we feel very strongly that a slur !S beins cast over all of our youths in that they are now all to becom *:L-ecr&ts* from whose ranks, subject to cerbain exemptions, won*% woyc cadet; will be recruj.ted,

“youths and. tl1ej.r pamxrts now feelthat thee 53 likely to be a 'clean-up carcpaignt during which all Coloured Yoths aged 18 to 24 will. be interrogated on the streets by policemen and if found without their exemption docLmen$s (already bzing called '3*QrPa') Cherr,nGtq t- hus2;led off $0 a police station and treated aCCn5-'nf$ to the Crlmxnal - --- h 11 . . . designed to uplift the Cc,loured people as a whole, I see iG as a ho,pelcss confession of a!l:ysma.!. failwe to li!iderstand and tackle any of the root causes of Ccrlou~ed delinquency and of unem~loymen-t among young Coloured ,t>eopl.e. r * .

139. Mrs. H. Suzman suggested that it would be a “bei.3xr investment” to

.I, / Government rejected an application by HI:. Breytenbach fog a visa to bring his knife to South Africa.. w

~~o~Rc@taation --I Anendment A

143. This Amendment Act WIS adopted largely to undo judgements by cou~%s ul?.ilE?: 'the ori.ginsl ACt aad %o make appeaLs against xace classification more difficult. 144. on 24 January 1967, the Cape Supreme Court declared invalid. a proclamatioil by *the State President on 13 December 1963 dividing the Col.xxed population into sub-gmups ( Caoc: c 3 1 oured., Malay, Griqua, Chinese, Tndian, other Asiat5c anc3 othfir CoLoured) on the grounds tha*t it was "void for vagueness*' and made no provision foi* ,those who c$?al.ified f~.r more than one ~‘i;roup, 3y recognizing only three l?ac.ial groups in So1.ri;5.Africa I. white, African and Coloured - the judgemen% put $.a question many of -the aparthuid re&Lntions, 145. Moreover, the Goverment recenl3.y Lost a series of appeals -Lo courts aF,ainsi; race cl.assification (usuall.y claims by those classified Coloured that they should be classified wh:'r.te as the white status entaiLs many privileges . such as better jobs, education and culti:ral opportuhities, acd the vote). Most of these cases were b%ought to court by third parties, as ii; was discovered that the time-Xi&t for P.ppt%llS in the or~jlginsl Act did not apply 'co third pa;:t,ies, In a number of judgemenIx, iu the latter half of 1966, 'the Cape Supj:eme Court differed 7::ith the Race Classification AppeaL Board on the interpretation of the provision ~;llal; persons who are not obviously white (3% non-white in allpearance sho~ti.r;l.be classified a02o~dir-q to "general. accep)tance". The Eoa~d. hel.d that to be cl.assi::'ied white, the i~c?rSCX-iimst "v-~.~jeCt Xld forSake all. family melnbers who are not classified as t~hite" J brhile the Court Ilrverruled it on the ground that "genera1 acceptance" was tl;c scle d.rii-,erion, 146. In Lhe,Amendment ACT, descent is Laid down as the main d.etermining factor in race classificalion. A person musti be classified as t;rhi.te if both his parents have been classified as'white. If one or 'both of his payents have been classified as Coloured or African, he must be classified as a CoLou?:ed person.

$gf Ftez5, 4 April 1.961. The couple stopped briefly in South Africa in 1967, ho7?fever, in ,tranoi+t on a voyage around the Cape. / ..* -39”

147.Tl2e Amendment Act also adds to the testis to be applied in determinin~i; whethe? a

$.lk!.CSUi.i i.S "in appearance obviously a White persW?'. It provides tha'i; his "habits, _ education and speech ancZ dc;T3rtn~snt and delllclanour in (~;;en.eral shall be taken into s3.ccoun-t". A person shall. be dee!red. not to be gene~a2iy accepted as white unless ile is so accepted where he is ordS.narily resident or employed or carries on business and mixes socially. He must alsu be accepted as a white person "in his association wLth the members of his farrG.ly and any other pe...--~CI:S with whom he lives" . 148.~n abjection to a ciassification (other than the classification of a minor which 5,s governed by the classification of his parents) will have to be lodged within / thirty days after the identity card is'issued to him. The Minister may allow Suczl person a longer period "but in no circumsJcances" may an objection be lodged after a year. Only persons directly affected'can appea.1 the classification,. "8&y 149, The A,mendment also made provision for subdivision of the Coloured and African groups.. 8W 150. The proviaior:s of the hot are retroactive to 7 J&y :Ij.>",O. 151. The Minister OF the Interior, Mr. PJ4.K. Lc Koux, said in the House of AsseNbZy on 17 I@rch :L$T, that the main objcst of the amendment bill was to

11. . D &v'c closer deflnLtions of the terms tappearance', 'acceptance1 and 'cl.eticclIll' Lll ill1 aLLkw.yL Lu, rn. f!t?uc~tratc a fk>*.~~3f crW2pklg Sntegration which is beginning to assume alarming propcrtlons.... The Government owes that to the various races ar 'popul.ation groups of our country, but p$~S&a;l$$$ the White group which 1:s justQ'iably proud of its .a .

He said that, in future, the courts wouki hot, on appeal, comhct a fresh inquiry bllt would have to decide appeals on the evidence which had been &Laced before the board concerned.. He disclosed that there were s3me 300 "borderline cases" now on appeal., *% which would be subjected to the new regulations of the law.- __wI"C 88/ Under the original. Act, appeals were often lodged by thj.rd parties, e.g,, relatives cf those affected. Many such legally valid ob$.ections pe,ncling before courts were disallowed after the Amendment Act came into force. &/ After the AmendTient was adopted, the State President again issued a proclamction dividing the Coloureds into subgroups. _Government Ga~5eI;te Extra 26 May .-k&7, No. 1’753. w House -v-_cllof Assembly De'E,,ates,-u_LI 1'7,March 1367, co&. 3x75 and 3180. 17 Flarch 1967, ~01s. 3178-31ri9.

I . ..I , ,-

III I REPRESSIVE MEASUE@SAGmST TI%@ OPPOI'?EXf'S OF AP.ARTR-I?lB 2

156. During the past year, the South Africa2 Government has continued to intens,if:: its nlthkss repression against al1 opponents of apsr,theid, 157. Legli.;jlation has been enacted for this purpose, no+xxbly the Terrorism .Act a.nd the Suppression of Com3xiuism AxrKxidKtent Act. Under the former, Jxxrso:3.sm is very bsoadly defined, and ccnvie-l;l.o;l is punishable by death or a minimum of five year's' imprisonment. The Suppreoafon of Communism AmendmenS, Act prohibiks former ~~e~+?xxs

of banned O%ganizaticms frcJm tjoiriiL?::i;, contributing to or participating Sn other organizations and provides for the debarring of "listed" advooatxs and attorne;s~ 158. Trials of opponents of apartheid undei- arbitrary repressi.ve Legislatlcn has continued and a nti~z~: of persons have 'been sentenced to death and executed in defiance of resolutions of the Security Council and the General Assemb!-v. Thirty- seven South Went Africans have been brought to trial in South Africa, in direct challenge of the decision of the General Assembly terminating South Rfrica's glandate ove‘;^ South West Africa. 159* The conditions of prisoners in South Africa have ron?;itmed to muse ala~2I~ Even after prison sentences are c~mpL&ed, the opponen.ts of apartheid ai:e subjected to ‘bsnning orders, ho,u.se arrest or banish-lent. Manv have had their psoaports withdrawn and a number have been forced try leave South Africa on exit permits because of unbearable pressure on theSr lives.

160, The Terrori.sm Act creates a new oI:Pence of terrorism, which is very broadly defineii., azd lays down a rmximum sentence ox" deu-r;h and a mlnimm xen%ence of fiVE ;years ' imprisonment for the offence or for harbouring or assisting a terrorist. It also provides for the indefinite a detention of any person suspected of tesrorism or of withholding: info.rmation relating to terrorSsts: the courts are not entitled to pronounce upon the validity of such detention, and no person other than authorked government officials may hafe access to such a detainee or to information relating to him. /f* .'* , 161. Terrorism, as defined, includes commission of any act with intent to endanger the maintenance of law and order in the Republic, or conspiracy 0s i72citemen.t to this end. It includes the undergoing of trainin, b or instigation of others to undergo training which could he of use to any person intending to endanger the maintenance of law and order. It also includes possession of explosives, arms, ammunition or weapons. The Act places on the accused the burden of proving "beyond reasonable doubt" that he did not intend the use of the training or weapons for any act against the maintenance of law and order. 162. If the acts alleged to have been committed, attempted or instigated have any of the following results, the accused is presumed guilty under this Act unless it is proved beyond reasonable doubt that he did not intend any of these results: if ta) to hamper or to deter any person from assisting in the maintenance of la?g and order;

"(1;) to promote, by intimidation, the achievement of any object;

"(c) to cause or promote general dislocation, disturbance or disorder; "(d) to crippl e or prejudice any industry or undertaking or industries or undertakings generally or the production or distribution of commodities or foodstuffs at any place; !‘(e) to cause, encourage or further an insurrection or forcible resistance ,to the Government or the Administration of the territory; "(f) to furth er or encourage the achievement of any political aim, including the bringing about of any social or economic change, by violence or forcible means or by the intervention of or in accordance with the direction or under the guidance of or in co-operation with or with the assistance of any foreign government or any foreign or international body or institution;

"(g) to cause serious bodily injury to or to endanger the safe-by of ally- p@??SOkl;

"(h) to cause substantial financial loss to any person or the State;

F(i) to cause, encourage or further feelings of hostility between the White and other inhabitants of the Republic; "(3) to damage, destroy, endanger, interrupt, render useless or unserviceable or put out of action the, supply or distribution at any place of light, power, fuel, foodstufl 93 or water, or of sanitary, medical, fire

'/..* extinguishing, postal, telephone or telegraph services or installations, or radio transmitting, broadcasting or receiving services or installations; "(k) to obstruct or endanger the free movement of any traffic on land, at sea or in the air; "(1) to embarrass the administration of the affairs of the State." 163. The Act covers terrorism against the Republic, whether such acts are committed inside or outside the Republic. For the purposes of the Act, South WC%%Africa is regarded as part of the Republic. 164. Trials under this Act will be summary trials by judge without a jury. I/' 165. The law is retroactive to 27 June 1962, when the law making acts of' sabotage a criminal offence came into force. 166, Moving the second reading of ,the bill in the House of Assembly on 1 June 1967,

the Minister of Justice, Mr. Pelser, said that an additional measure was considered necessary because some lawyers doubted whether terrorist activities in South West Africa before 4 November 1966, when sabotage had 'been made a crime in South West Africa, could be punished: w 167. The United Party supported the bill, although it objected to the provision imposing a minimum sentence of five years' imprisonment. It felt *hat the courts should have discretion to impose lesser sentences, as ,in trials for treason and murder, if extenuating circumstances could be found: 91/ 168. Mrs. Helen Suzman (Progressive Party), opposed the bill on the grounds that it would give far-reaching powers to the Government. She noted that no limitation was imposed on the detention of persons: detention caulk be in solitary confinement, and no one could obtain any information about a detained person: 98/ 169. Miss Margaret Marshall, President of the National Union of South African Students, in a statement expressing strong opposition to this lcgislation‘declared:

"As young South Af ricens we look with horror to a future in >rhat can be described only as a police state. Those of the older generation who still retain some measure of sanity v$ould do well to consid.er what sort of future they are allowing the Government to 'build for us."$$/ a House of Assembly Debates, 1 June 19@, col. 7025. gj I&&, cols. 7033-7034. y8J s., eels. '7041-7045. Cape Times, 15 June 1967. ii!9 / ., L 4

..!l.l+-

The St;p~ssion of Ccflmunisg AEdment Act, No. 24, pf 1967 1od 170. CJ?hj,sAct was first %ntrod.uced in Parliament'early in l$Gh,/deferred and reintroduced in 1967. 171. Ia terms of sectiuc 1 of the Amendment Act, the Minister of Justice is authorized not only to prohibit former members of banned organizations or banned persons from joiring other organizations specified by him, but to prohibik'them . from contributing'to or particip ating in any way in the activities of such organizations.

172. Section 2 of the Amendment Act provides that no person "listed" as a COmUniSt and. no person convicted under the Supnression of Communism Act shall be admitted by any court to practise as an advocate, attorney, notary or conveyancer. The names of any such persons already admitted would b-p struck from the roll on an application made by the Secretary of Justice. W( The Court may admit a person convicted .under the Suppression of Communist Act on production of a certificate signed by the Minister of Justice to the effect that he has no obJection to the admission of such person on account of his having been so conyricted.) 173. The Act .%.rther provides that if a person has had communication with a "Ifsted" or banned person he will be presumed to have known about the listing or banning

~mlcas he can prove 50 the contrary. The Act further lays down additional gro'unds fcr deporting South African citizens who are net South African by birth or descent: citizens of long standing may be deported for petty offences, such as infringements of arbitrary banning orders.

See document ~/6GGs/7565, annex II, paras. I.o~-KL~. The Minister of Justice, Mr. Pelser, said that sixteen persons could, at the current time, be affected. by the Act: , D. Nokwe, J. Slovo, H. Wolpe, Shulamith Muller, V.C. Bar-range, A.P.O. Dowd, Sam Kahn, l?.I. Arenstein, 13. Fehler, I.C. Meer, b.N. Singh, L. Baker, J. Cohen, l?yman Basner and $.Yb 'Hepple. Most of them were either in prison or had fled the country. All except Mr. Hepple were "listed" Communists. The Minister said that there was one in pructice, Mr. Arenstein's partner, Mr. B. Fehlcr. Gouse of Assembly Debates, 9 February 1967, col. 1002. 1’74. lvbvfng the second reading of the bill in the House of Assembly on 2 February 1967, the Minister of Justice, Mr. Pelser, said that Comunists had i&YItrated the legal professi~~n and hs.d asserted themselves there particularly trigQrously+. some of these LawJrers had played a Lively par-t in subversive nctivities, while others hod supported such activ:ities. w 175* The Unit& Party, in opposing the bill, stated that it had no o13.jection t3 lawyers being struck off the roll if they were convicted of offences involving corrJm.lni.st activities or the Security of the jrtatc. &irk it felt that the decision should ‘be left to the bar councils and the law societies or the courts. 1-t ogpossd the bill on the ground that it remosed the discretion which the Sm.&h African courts had traditionally ant1 properly exercised over those persons who practise %he legal. profession.

176. Mrs. Duzman (Progressive Party), opposing the bill, Said that the provision concerning the debarring of lawyers would have an intimidatory eP:Pect on the legal- profession and wou.Id inhibit members from carrying wit their duties is a tm.ly profesSional Way, Referring ta the Statement by a National, Party member, she said:

"The honourable member of Potchefstroom qu:i%e shamel.tiSsly told. us ea:*l.ier that he, for one, would hever take a case involvizbg a ;~oIitica.l offence. . . . Tha-i; can mean only one thing, that the hcnourabl.e member himself d&ides whether a. person is g<y of an offence, even before that person is zhar+ged in a wurt of law. AI1 this is part OF the pattern of legislation we have !md in this country from 1950 onwards, whereby Ministers clcc:ide who is guilt;r and who is not guilty of . . . political offences. I want to inform the honourable member of Potchefstrocm that I have absolute proof that a large number of peopl e charged wfth political crimes are not guilty ..= My proof -is this, that in the three years 1967, l$& and 3.965, Of the 4~,205 people who were arrested under the security laws, 1,344 were released wit&out an,y trzal whatever,, and. of those brought to trial 665 were found not gu%i.ty and discharged,"l& l-77. The provisicns of this a&itra-y legislation caused seriorls concern amo:?;; opponents of apartheid. Under this legisIal;lon, numerous prof%ssional a& other people Xho had at any time been members of the South African Defence and Aid Fund, a humanitarian organisation 5rhich was a~rbPtrar1I.y banned in ly56, YJuld be prevented

102. I.&&., col. 54s. 103. Ibid., ~01s. 12~0-1291.

/ H l 9 -46-

from associating with any organizations specified by the Minister of Justice. Equ.alQ alarming was the likelihood that adequate legal defence of opponents of Lo4J apartheid persecuted by the Government would become far more difficult. 138. Dr. Edgar Brookes, National Chairman of the Liberal Party of South Africa, protesting against the bill, described the first section of the bill as "incredible" and added: "if the Minister were to ban the Liberal Party, no'Libera1 could ever take even an indirect part in politics again without the Minister's pe.rmission. "What a scandalous state of affairs, particularly as the first membership is a bona fide membership of a legal and law-abiding organization which suddenly becomes u.nlawful at the arbitrary decision of the Minister!"

Under section 2, he noted, the barred lawyer loses his whole livelihood, prepared by arduous study, at the Minister's unchecked will. "This in itself is inhuman and unjust. It is an insult to th legal profession, which has hithertc controlled its own membership." 2&JL.,?'

Generaly&w Amendment AC&NO. 102 of l’Yjj6T

179. The General Law Amendment Act, extends for another year the provision for ertain security laws, Mr, Robert Mangaliso Sob&we, leader of the Pan Africanist Congress, was the only prisoner detained under this provision since its enactment in May 1963: '106/

",, 104/ The Minister of Justice himself, in a statement in the House of Assembly on 9 February 1967, indicated that the accused would not be able to obtain counsel of his choice when he stated that .the type of person charged under the Suppression of Colnmunism Act preferred a certain type of legal representation: if he could not get it, he preferred to go without representatian. House of Assernhly Debates, 9 Fe'bruary 1967, col. 1000. Johsnnesburg daily, 9 Febr-aary 1967. ro6;/ Mr. Sobukwe was sentenced to three years' imprisonment in 1960 in the aftermath of the Sharpeville massacre. Since May 1963, when he completed his sentence, he has been held in detention. Mr. Sobukwe was refused an exit permit in 13% and again this year; in reply to Mr5. H. Suzman (Progressive Party), the Minister of Justice said on 13 June that he would not grant Mr. Sobukwe an exit

Mrs. Veronica Sobukwe, appealing in April 1967 to the Minister of Justice for a discussion of the detention of her husband, said that her husband's health &IS dcteriorating,(Rand .__I Daily Mail, Johannesburg, 21 April.. 1967). Mrs. H. i%mmn, who visited Robben Island in February 196'7, said that there was no aoubt that the lengthy solitude was beginning to have an effect on Mr. Sobu&e (The Star, Johans&burg daily-, 16 February 1967). / .*. St>: .',k ^*I*,?~~g& _ , ,.

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i(

1 ! i

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180. Moving the second reading of the bill in the House of Assembly on 12 June 1.967, the Minister of Justice, Mr. Pelser, said "that it was not in the public interest jl that he Dr. Sobukws7 should be released". He added, however, that he had decided _ f i to relax the conditions of Mr. Sobukwe's detention on Robben Island by allowing his wife and children to live with him twice a year for continuous periods of fourteen days at a time. I& 181. Mr. T.G. Hughes (United Party) said that his party opposed the clause under which Mr. Sobukwe was detained, because although it was aimed only at dealing with Mr. Sobukwe, its effect was that any person could be detained after completion of 1 a sentence. He added: ( "that his (Ivlr. Sob&we's) ideology is anathema to the majority of us is no- reason for depriving him of his liberty - unless he takes active steps to put his ideology into effect, thereby transgressing our 18~s.~ 108/

182. Thirty-three members of the House of Lords of the United Kingdom sent a cable of protest to the South African Minister of Justice on 4 May 1967, in which they stated: 'We understand that his detention is likely to be extended by resolution of both Houses of Parliament in the next few days. The procedure of detaining people in this way, with no charges preferred and no recourse to the courts, is contrary to all accepted standards of democracy and the rule of law. 'Mr. Sobukwe has &ready served more than double the sentence which a court considered appropriate, and his further detention cannot bz reconciled", with justice or humanity." w ze Radio Amendment Bi$

183. It may be recalled that th.+* Radio Amendment Bill had been referred to a select lmJ committee on 18 August 1966. The Bill, as revised by the select committee, was published on 21 April 1967, and the report of the committee tabled in Parliament on 2 May.

107/ @se of Assembly Debates, 12 June 1967, col. 7591. 108/ Ibid., col. 7592. w The Star, Johannesburg daily, $ May 1967. Ila/ See doc~ent A/6486-S/7565, annex II, paras. 11.5-11~~ / . . . 'jl 184. The Bill prohibits the participation, directly or indirectly, by South Africans and people resident in the Republic in the activities of radio stations outside the countqy whi eh :, in the opinion of the Postmaster-General, are broadcasting material injurious to the peace, order or public safety OT to the mortals, religion or morale ::P an;i- section of thepnpulationof the Republic, OT which may pre5udice any utx~erts?ring or industrg in the Republic. The maximum penalty for contravention is a fine of 2,000 Rand ($us2,800) ox imprisonment for not more than five years ox both. 185. The Bill, hewever, was not introduced in the 1967 session of Parliament.

13. ,-Mu-.Political .ts"ials

186. Large numbe-r-s of opponents of apartheid have contLnued to be brou.&'ht to trial end given harsh sentences during the past ~;ear under the arbitrary repressive

187* On 21 March 1967, in reply to a question by Mrs. H. Suzman, the Mi.nister of Justice gave the following figures concerning trials during 1566 under the Suppression of Comniunism Act; the Public SaSe-tJ Act, the Unlawful Or-enizations Act and under P111 section 21 of the General Law Amendment Act of 1962:- Charges Charged Tried Convict??? withdrawn In the eastern Cape 151 148 130 3 fin the rest of the Republic 69 63 58 %J 1.88. Particulars on the outcome of political trials in the past year 8ypJ- @nn~?"td to this report. 189. A disturbing feature of these trials has been the imposition of death ssntenct?~ on a rxzmber of persons fox* offences, allegedly inspired by the underground g.g/ organization, ,--JPoao and committed in l$62-l@ during riots and disturbances n+-l.S

w House of Assembly Dsbwtes, 2l. March 1987, col. 3304. 112/ It may be noted that, in 1966, 124 persons - eighty-nine African men, one African woman, thikty-two Coloureds and two whites - were executed in South Africa. The number of executions was thirty-nine more than the previous year (The Star_, Johannesburg weekly, 28 Sanuaay 1967). 190~ On 20 October 1966 in Cape Town, a formel- member of the underground Poo+was sentenced to death Pox his part iz the murder of Mr. Armando,Della Torte, a Cape Town clothing salesman, on 8 May l$S.. ‘g.3J On 16 December lo&, nine Africans, alleged to be members of ‘the underground .-_IPoqo, were sentenced to death on the charge of complicity in the murder of a shopkeeper in Welli,ngton on I ; _. 22 September lg?%?. All the men vere already serving sentences of imprisonment in connez;ion with the riots in Paarl in November 1932. They were executed in the Pretoria Central Prison on 30 May lT6-i. On 31 January l-97, five alleged members of the underground Poqo were sentenced. to death on the charge of comjjlicity in ,i;he murck~ of Police Sergeant Michael Moyf during a rict in Langa on 16 March S$&?. On 15) April lgg’i, one African was sentenced to death for allegedly taking part, as a mertiber of the underground =, in the murder of Xlass Hozn, a Bar1 municj.pal policeman in 1962. Thirty-seven South ?/es-k Africans a?e nov under trial in Pretoria under the new Terrorism Act, which provides fo, r the death penalty, despite the fact that South RPricar s Manda%e over South West Africa has been terminated. 191~ Reference msy also be ma& to the dete~ticjn and trial of Mr. John Nyati Pokel8, the Acting National Secretary (3’ the Pan Africanist Congress. The orgsni%tion claimed that Mr. Pokeha had been kidnapped Prom Lesotho in August 1966. In apite of pxotests, Mr. Pcke,la was tried in South Afxica and sentenced in June 156’7 to thirteen years’ imprisonmtent on a charge of sabotage, and seven years’ imprisonment on a charge under the Suppression of Communism Act, the two. sentences to run concurxently.~ ULJ

C. -----,,--Prisoil conditions and ill-treatment--- of prisonersu- 192, In its report to the General Assembly and the Security Council, the Special CotmQittee has frequently expressed grave concern over the ill-treatment of prisoners, detainees and persons In police custod~y in the Republic of South.Africa, particularly the numerous opponents of anartheid who have been imprisoned under arbitrary laws. On the su~gesti.on of tile Specisl Committee, the Commission on Human Rights considered this matibex in M~!rch l$? and established an Rd Hoc Woxking l&3] sge Times, 21 October 1966. 114/ Mr. Pokela protested in court that he h&a ,been tricked across the Lesotho border by a police agent.

..I /

198. In February ?-$Grfj Mrs . i-T&Len Suzman, Progressive Party member of Parliament: visii;ed. Nobben Island for more than three hours in the company of the Commissioner of Pr Ii.sons ) Major-General S.G. Steyn, and intervie%~ed a number of prisoners, including Mr. Xeleon Mandela and Mr. Robert Sob&we. She said that the .@ysical conditions iantler which Mr. Sobukw was being detained were quite good, but that -the lengthy solitude was beginning to have an effect on him. She found no evidence of ill-treatment or ill-health among the prisoners, but said that there was no , doubt that Robben Island Vas a "grim place".i- u5J

19gq Laker3 on 1. May 1967, at the invitation af the M.ln!ister of Lfustice, Mr, Pelser, several meti!ne;-:: of the Rouse ~2' Assembly and 0% the Senate visited Robben Island. S Fo3.lcx~ing tiLi.r-: visit, and an individual visit to Pretoria Loc~:l Prison, Mrs. Helen Xuzman made the following comments in the House r:r Assembly on 22 May p$ii':

"There are about l,OOO prisoners on Robben Island. and I think the State ought to sCt Up pL-QperP WGrkShOpS SW that peO@f? CEO1 d0 SGlW3 SOYt of c~~rist~~ucti-~e work 011 the island, other than the 'hard labour' work which they do - I use th2.s term in inverted ccmm3s bec3tuse 1-i; is no longer used in our cmst s ) but; in fact it is hard labcjur that they are performing, w(3;'j in the slate quarries snd dork in the sand quarries and the collection OP seaweed and so on... being seatenced to gacJ1 for liiPe is a very heavy sentence h-deed, and further punishment should not be imposed within the prison system itself. . . . I do not agree with the honourable member who said that the reoreation51 facilities are adequate. I do not think they are, especially over the woe~4x2s, Dll for a modern gaol it is quite wrong that there are not proper facilities for hygiene EU3.d ClW%?Z.~i~SS , such as the provision of hot water.... This is not just another modern comwdence blzt a matter of hygiene. +n I) "I am also hoping that the Minister will think again about this question of allas~ing further study facilities..,. Also, I do not know why they should be cut off from all contact from tile out&de TqOr1d and why no newspapers are allowed and %?h-ythey are not allcx~ed 'to listen t0 news broadcasts.. S ordinary prisoners r&o have committed rape and kidnapping and assault are entitled -tc~ these privileges.... I believe that the prison authorities should not use the gradir1g aptem as a sort of ptdsheilt within a punishment. . . . I also want to asZ-, the Minister

1__1.- '&I. The Star, Jwhannesburg daily, 16 FebruaLry 1967. I / “.I

r’ to reconsider the quesylo$6 0% remission of sentence for this particular group of prisoners. -. . /

gyro, The Minister of Justice said, in reply, that the Government hoped to improve facilities in Pretoria Local Prison and ,that further attention :tculd be given to study facilities. He added that once building ,wsrk was completed on Robben Island, llj/ attention would be given to ~or%hop facilities.*-- 201. Meanwhile, in ,July 1@7, the Inter~aaLtional Defence arid Aid Fund in London published a report entitled South African Prisons~.wr*--,u.,.a"~~"...-"-~---~~ and the Red Cross Investigation, containing testimony of a number of former prisoners on ill-treatment in South African prisons. The Fund has also published inf'orrnaticn indicating t&t many political prisoners were being moved after completion of sentences to "tra~3sit camps" and forced to live urider deplorable conditions.

-_house arrests and banishmen-ts 202. Arbitrary punishment of opponents of aparthe5.d by banning and house arrest orders or banishment, without charge s or hial or opportunity to reply to allegations, has corltinueri 0 203 e ..b OP 23 April l.~:';r~, 664 perscns were restricted b.y banning orders served l.leJJ under the Suppressi.on of Cc;mmunism Act.

I1G/ ~--IIIcIw"s....."2lmme of Asscmb:~Debal;e~, 22 May 1967, ~01s. 64.61'3-64'70. Mrs. Suzman also recc'mmendcd that members of Parliament ought to be encouraged to visit gaols.

"In England, for instance, there are panels of prison visitors, consisting of people who are well-known in public life. T!!iey are a:llGwed $0 visit prisons whenever they like; they do not have to get special permission an each occasion; they simply go along %rheri they wish to do so, and I think this is a very good idea, It daes permit some sort of contact with the prisoners, and it makes them feel that the world has not entirely forgotten them, ' I also think that it is a good idea from the point of view of the prison system itself; it should be open to this sort of scrutiny." Ibid., col. 6479.

I,, Government Gazette, 16 June 1967, &To. 1765. The Minister of Justice told Parliament on 3 February 1967 that 675 persons had been restricted under the Suppression of Ccmmunism Act by the end of 1.966. Ok these, 125 had left the country. Twenty-nine had been sent to prison in 1966 for contravening banning orders (House of Assembly Debates, 3 February l$$', col. 59’~). I -53-

204. As the Special Committee noted in its reports, the Government has used banning orders against leaders of organizations opposed to apartheid in order to paralyse those organizatione. For instance, with the banning of Mr. Fhfllip Mamogobo, who was served wath an order on 2 February 1-957 banning him from taking pert in the activities of the Sout:h African Congress of Trade Unions and attending, gatherings, the entire Management Committee of the SRCTU has been harmed.

205. Perscx1s released from pr-i son, after s@:rving sentences for political- offences, are frequently banned. i%r. WiI.liam Bock, former Acting Secretary of tne South fWxican Coloured People f s Congress and fatb.ejy of tvfelve children, received a.

five-year b~i1n:i.n~ and house arrest oxder on 23 December J.Q&, a.fter havLng completed a nzi.ne-month. sentence imposed on him for contravention of the terms of a previous banzing order ., Mr. John Hashe, who had served three years’ imprisc!nment on charge 3 02 taking part in ‘the activities of the unlawful. organization E-=2 was served with a %:o-year banning order on 3 Februar:j J.g@. Mr. Victor Finkelstein, a crippled student confined ti.: a !Jheelchair, was issued a

?Xve-year banning order on 10 February J..$$, after having serve.3 three morrths in pxi s3no Mr. Livingatone Mrwetyana, a student, received a two-year bannPng order

011 10 F&?- I.usr’y t , l"F722 J after having completed a sentence imposed on him ,in lo64 for distributing pamphlets. Mr. Paul Trewhela, whc was released on 12 April. J-961 after having served ‘two years’ imprisonment, was ir&~ediatel.y served with a banning order pJ.aciri. ,im under house arrest ocer week-ends and from 6 p.m. to 6 a.m. on 11 week days .a-Jr 81x. Zephania Lekoana Mothopeng, a teacher and a leader of the Pan Africanist Congress, byas yeleasetj from prison on 13 May 1967, and on tk same ‘day was served wj-th a notice restricting hi.m to Wtta1 ” eslwek in the eastern Free State until the end of ay S&I. &. Mothoprgg’s actual place of res:Ldence was Gl*iandrj, 120Y Johannesburg. - 206 vi-lile arbfLtrory banning orders against oppo;lents 0.f apartheid have become

almost routine 5.n SoUUi M?tTiC~, the order served on 28 July 1.447 on

Dr. Raymond Hoffenberg ha:; provoked very widespread. protests.

X19/-- Cape Timesw-..-~ 13 April 1.967. 1201 1-k was reported that if Mrs. Mothopeng leaves her home and job to ,join hex I- husband, the family will ‘have on& a corrugated iron room, -10 X 12 Peet. me only source 0% iyicome available to Mxe Mothopeng is a by-cent-a-day job 25 May lL467). as a labourer (‘The--- World, Johannes’burg, /... ” * ^I ,, .’ i ...55”. 4 rl d j , i malzy suspected that arbitrary PaJer to ban was being used not so much to combat ! “CO~UniSm” as to 6Pt rid of the political opponents and critics of apa,rtheid. The : I frequent statements by officials tl?sk liberals were being of assistance to r,or1-nmunism CCdd not bat warp the arbitrary judgements of the Government, 212. The ban caused widespread protests in the country as a violation of the rule of law and a bI.ow against academjx an“: scientific freedom. 213. P;*ofessor A.M. Robertson, Chairman of the ncademic Freedom Committee of'the University of Cape Town, expressed S~OC~Cat the banning and said in a statement QX~ 31 Ju& l5i67, ?iith ~hj_ch the Chairman of the Staf$ Association and President of the stll.den-ts' Hepresentati~e Council assocj.ated themselves:

"3y tni.nisi;erial edict, without any hearings, the university is $0 be deprived 01' the teaching services of one of its most distinguished teachers frcrn the end of -ik year. This is a flagrant infringement of academic freedom.

"IVor is tha-t all. The terms 0f the order in respect of publicaticns are still 'ireins studjicd. If they prevent tine contirnxd publication of Dr. Hoffenberg' s scientific work, it constitutes a second and perhaps more serious fnfringe5lent. "If -the !lrd,e? j'. as veil it might - s!;suld also prove to interfere with DY. Hoffenberg's fur. participation in the teat-work within the Department of Medicine, wilicl~ has resul-bed in many valuable discoveries and hss brought International recognition to the acliievements *:),I our Medic:;?, School, a third assault on academic freedom and acai‘;ettdC achievement will hare been made." gy

214 At a meeting on 31. JUI;Y, faculty members of the Department of Medicine e;f the w Universj.i;y of Cape Town expressed their "strongest abhorrence" of the ban- More than 500 medical students a't the U&versi%y strongly condemned the ban olr It. August *-a sl;u&&s find facllli;y rfiernljers held a vigil- against tll,1 - ban outside l,6+2Y St, &my..e's C?a-t!~edr~~.lin Cape Town frcm 1 ~.w.I~‘~J A

215. On 4 August, a2;uu-t 1,600 studen'ts ,znd &g&f’ of the UniyerSi%y Of Cape ToWn &/ attended a meeting which protested against the ban.. -I__ ‘g3/ g.&& 9 31 Jukd 136'L 121c/ Ibid., 1. ~u~usl; 1967. ;125/ ..-Ibid., 2 August 1967. 126-.I I__..111id. r 2 and 3 August I'%'?. . , 5 Aug-xb l-967. /..* , -- 56”

23e;. On 2 August, the Council of the Univarsi.ty of Cape Town expressed 'Igrave disquiet" over tile bat and unanimously aareed to seek an interview With the itiinister 128J of Justice. - 217. @n .“i August 1.967, Nr. Harry Oppenheimer, newly elected Chancellor of the t lJr,i.,~rersit;g, associated himself entirely with j;lne statement of the University Counci3 I, and. added : "'31he ban on Dr. Hoffedierg is a matter of tile gravest concern to aI1 of IX, represcxting as it does an interference of the nws't serious kind in his life and work, and in the affairs of the university. d22/ Iqy' , J.P, Duminy, Principal ! z%o/ 0-f' the IJpGxersity, aSso associated himself w~%?L %'hO CCU%C~~' $5 s'htanent. 218. Most of the registrars and staff of the Department of J!J1edicine and. many o"r,her i'? 1 members of the Groote Schuur Hospital wzre reported, on '7 Wgust Y-967, to have [ :il~f'uyqp..!. -I;& Unj.,,rersity Coimcil. OF thxi.r decision to coffer 43.3ei.r resignations at f&e e&d of the yeaT in protest ag?ninst t!te baBlG.Bg. .131/ I1 1 21g.:Llundreds of prominer& South A?rieans sent protests to -the Press. Among the organizations which protested the order* wex'e the Sout:? African Irlstitute of Race Relations; the Black Sash; the I,j.hey+aL Party; the Civil Rights League; the CoUnCil of the University Teachers' Associatioxl of Swath Africa; Executive Cwmittees of the Academic Staff Association and Lecturers' Asscciatic;n of the University of Ratal; and ihe Cape Town circuit of the Metbdist Church of South Afl.'ica. 220. Protests were also signed by %wenty-fC7ur South African medical. men in the q2J United Ring~~m and thirty-five South African medical men in the United States+ Fourteen eminent me3ica.L profe,,'csors from four British universities also issued a statement protesting tile ban: Ed- 221. In Vienn:39 on l"j August 1367, a spokesman for the International Atomic Energy Agency said that if Dr. Bc>f'fenberg were preven-bed l'xom continuing his work, a priority international research programme on the use of radio-nctive isotopes 5.11 ,the ~3x8~~ &' malnutrition. in tropical. arid stihtropicnl c~wtrCies, irwolviz?g nine na-tions, wouid be seriously handi.capped. -- on exit permits. .-142 arx?. 2 n~~~~berof young Unl.ted States Peace Corps workers in Botswana. She added that, on the okhex* hsnd, South Africans were "making idiots" of themselves by 149/ "welcoming al]. i:.i,nfis of minor cxztiks" and neo-xazis,

236. aifi0ng 2i10~f2 refused V~SC?.S wd EL ~0 the Reverend k.Za van den Ekuva19 Execut5.~e 150/ po~jhli sxretary of the 'i5Jorl.d Council of Chwches..

:

- Defence Force, on 15: Mach 1967, said that the aim was iyI' abbut ten years to be 1 able to mobilize 100,000 Citizen Force'men as units at very"sho,rt r~otice.~. 155/ {In addition, the Corzrando would abso-r'b 7,000 men a year.) L&i 248. the Minister of Defence, ME. ~otha, said on 6 September lwf that I-&hoped to submit proposals to the Cabinet soon on .the training oi' women for aUx5liary defence tasks, such as ambulance services, first aid, home nursing, caXq!ing messages and transmitting signals.' 157/ 249. The Coloured corps, established j.n 1563, fo?? such administra~tive jobs as -I drivers, storzmeil, clerks and stretcher-bemers, is being developed as the first recruits have completed training. Commandant M.J.B. Bredenl;amD, commanding officer of the Eers'te River Training Centre for ,(-.:!e Coloured recruits, said on 23 June lcj@ tha't a total of 290 men had ,-joined the Corps: of these, 3-35 bad been posted to the South Afxican Navy. The Training Centre had 280 meil and could take a msXimum of C;OO.-g3J 230, The police rcser‘ve has alsb been expanded, The Deputy Ministc-r of Police, Mr, Muller+, told the House of Assembly on 111.April 1967 that there 6fere 5,260 men in Group A who did police service on a ter;rporary basis with pay; 8,277 in Group B who did service without pay; 2,969 in Woup C and 882 in Group D in the rural aseas. He added that the police were conducting am experiment to extend t1~1.esystem to the Africai&, and 500 African reservists were being trained in the Sow&o-Orlando-. . Medowlands corqlex of Joharrnesbuq.* '15 '

lJJ/ Ca; Times.-w-f I.6 March l$'i'. Jw The Star, Johannesburg daily, 2 August lS@[. 1T7/ (J&2 Times, 7 Scptcmber 1967. ,158/ Ibid., 24 June 1967. The trainibg coui'se was reported ta be esseni;ially the T&i; as for t:iiitc ratings, but certain specialized subjects are not covered. Members of the Coloured Corps can rise to the rank of warrant oWLcer (ibid.,c- 27 May s+r >. rr;js/ Honse of Asccrnbly Debates, 114 Ap~'3.1 1967, ~01s. 4240-4241.. The Africans Eld be Gx-01x5B reservist s under the supervision of a regular meznlx~ of the poliec force. They would do beat dbtg SFXYIwould be tzained in the pWWn%ion knd detection of crime. Coloured reservists already operate i.n Athlone . (whe:co there aYe XX?), Bonthehuewel, Matroosf'ontein,. B:lshq 3La~ti.s ToW-&ii:;, and Hefdev?Ad, .A newly'establiched g!:roup of nine Indiansi who ;rill ppolzte in Rylands Estate,, I:tarted their training 'm March 1967 (CC?-, 18 March I.967 >. .

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time as we have the assurance that successive or alternative governments, wilJ honour t&e &xl&-term obligations which flow ~KXL?.such contracts" ,+r7g 264. on ly ~pris sgP[, MY. Botha announced that South Afkica had signed an agreement with France enabling it to or‘d.er three Daphne-type, deep-di.viW submaxines, which ~uJ.d cost about 8 million rand ($TJS11.2 million) each. They would be completed within four year-s. Each submarine would carry tweltre torpedoes and need a com$Lement of six oifficers end tlrirty-nine men. g?j/ It was reported that the officers and men would be trained in France. WJ 265. In the sme month, it was reported that Yaxrow and Coqanjr of Glasy;ow was interested in providing South Africa with technical. assistance fox' the manufacture OP naval vesseis and. had approached the United Kingdom Government fof approval. , B35tish business interestx were reported to have increased kheil: pressure for a reZla.xstion of the arms embargo after the order for) French submaI:inei was announced .d 266. The South 1ti'r:icar; :Javy ha s also, purchased a 24,000~ton olS. tanker, SAS g6J TafeSberg, -from Dentnark. It was offici.al.ly rena,n?,ed121G Durban on 10 Augus‘t 1967.

E. ."-I__LMilitsr~~~operation with other States 247. In 1966, the United Kingdom Government decided, for economic: reasons, to withdraw the single naval frigate stationed in South Africa, as well as the Commander-in-Chief in the south A-tlmtic, from Simonstown. From 25 to 27 January 1967, the representatives of the South African and United Kingdom 3avernmenlx met in CapeTown and agreed on certain aspects of the SiWtlSfXWiTl Agreement of 1955 in the light of that decisionn* I -1gf 268. In statemcxlts on :2 and 2% February I$$, the South AWLcan Minisk, of Defence, Mr. Both:., announced that it had been agreed that South Africans naval chief would assume responsibilily for the defence of the Cape sea routx? in the

,/... :

./“” 179/.-..- se Times, 16 May and 2 June 196'7. --.....Levi)/ ZC.) 1 June 1967. 2.3. ‘August 1567.

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3 d I 282, In the past year, the situation has led to severa incid.ents of violeace ox armed conflict, first in the Territory of South West Africa and then, in August -Septembex 1967, in Southern Rhodesia. These incidents have had serious international xepexcussions, inasmuch as South African security forces en”,ered Southern Rhodesia in defiance of the authority of the Administering Power and rcsol.uti.ons of the Security Council.

A. Violent incidents in South II-West Afxica---

283. According to ~?CWbil .&Jfrican ministexs and officials, Afxic;wns trained abroad in Q3erri& warfare and the use of explosives under the auspices of the S&&h We& Africa People’ s Organization (SWAPO) bey;an ta return to the Territory in small groups from September 1$5 on.

284 l %e Deputy Minister of Police, Mr, NCL.ler, disclosed. on 30 September L$6 that the first group to cross into Ovamboland from Ang0l.a had consisi;ed of ten men and that eight of them had been arrested in March 1$6. 285. Among the subsequen,t incidents disclosed by the Government were the following: (a,) On 26 August 1$6, when the police raided a secret terrorist camp in CvamboLand, a gun-fi&t took place with ahout sixteen Africans axmed with s&machine guns and automatic pistols. Two Africans were killed and eight axrested. Another African later died of wounds. (2) On 24 Sept emb er 1966, a white police officer was slashed on the arm by a pmga in northern Ovsmboland. (2) On 28 September 1966, a band of “terrorists” attacked Osl~ikang,o and burned two admi.nistraLipn buildings, the house of a white clerk and singla quarters for unmarried white men. An Cvambo night-wa’tchman was wounded. @) On I’,0 September 196tS, thjrty “terrorists” who had escaped from South -1 Went Africa were xqprt& to have been captured by Portuguese soldiers who had been ‘sent to the Ovambolsnd. border. 197/ (a) On 33 EJovember l$L%, two ,.rvambos who had received training at a secret cmnp were arrested by the police.

187/ The Policia JX&ernaciona;le e de Defesa Do Essado (PIDB), the Portuguese securi,ty police, also reported to have co-operated witin the South Mrzcan police in South West Mxica. Giving evidence in the South West Africa Supreme ~owt in Movembex 1966, an Angolan agent of PIDE said that he had been given an assignment in Ovamboland. The Portuguese security police haa informed the South Jsrican police concerniilg gun running in Ovamboland, ~1d both had co-operated, in axresting an Ovambo businessman (see document A/AC .105//L ,372 )! ’ i . .I

2 289, From early August 19@, amned adherents of African National Cong;res~ of South Africa, acting in co-operation w%th the Zimbabwe AfrLcan People's Union attemted to

r&Xu'n t0 south Africa through Southern Rhodesia, and a series of battles took Place between them and the forces of the illegal racist minority r&$.xae of Southern

I3hOdesia, which were supported by South African forces, 290. According to press reports, based mainly On infOm&%tiOn releused by the %;i~e in Southern Rhodesia and the South African Government, the incidents began 011 11 Au~st 1967 when an African "terrorist" was captured in the Wankie aYea of Southern Rhodesia,

291. On 13 August, two Rhodesian sOldjers Were killed aild four others tWl.lIkk~fL iL1 a six-hour air and. ground battle with African "terrorists' in ,i;'n.e Zaubesi Valley, Z'ive African "terrorists" were killed. On 111.August, an African "te1'To~'ist" surrendered in the Zambesi Valley,, la& 16 August &ii African. believed to be a l&J "temol5st" was shot dead by police near Rulawayo. on 18 ALgust, Rhodesia's security forces shot and killed eight "terrorists" near the countxyrs nosthe~'xn ypl/ border and captured six.. 292. On 23 Augmt, in a third gun battle in the Matabeleland bush, Rhodesiszil Forces killed five more African "terrorists" an4 captured another: one white orficer and one African warrant-officer were killed. gg 293. On 25 August, Rhodesian forces captured four IGO?Z African "terrorists" in an engagement in the Zambesi Valley area. 22.u On the same day, Rhodesian forces, using combat aircraft for the first time, were reported to be engaged in more fighting in &q the WanXe Game Reserve along the Botswana border..' The battle continued for several days.

I.&/ Cape Times, 15 August 1-967. lc& Ibid., lc) Au@-G-t 1967. glJ m., 19 August 1967. 24 Au@zt lg6'& 26 August 1967. 26 Au&!ust 1967. Aug:;s~i; it was reported that fierce fighting had taken place near Victoria Fotwr mire “te~‘rorists”’ had been killed in a bush battle, and one member of the security force had been wounded.* 196/ 295.011 5 September, the Rhodesian security forces headquarters announced that three @errLU$ and one mmber of the security fsxces had been killed in clashes duj:j.ng the previous few days. A number of guerillas had been captured, and one n;ember of the security forces had been slightly wounded.& xw

296.2,~ 5 September,. according, to the r&&me in Southern Rhodesia, the casualties of the African “t,e~ro~j.sts” weye lktirty-otie ?-,illed and thirty CaptUreC~: seven members of the security fnrces had beea killed and fourteen wounded. w 297. Meanwhile, ?;he &2’rj.can Natiokl. Congress of South Afxica anXtoWIood that its

a&erellts IqJere in-yol+t.r& in, the fighting in Southern Rhodesia. ,In a join-t Statement on 1(? lbgust 1$7 ) NY ., J.p*D. Chikerama, Vice-President of the Zimbabwe African Union, and Mr. 0.R. Ts.mbo, Ikptxty President of the African National COngxeSS of Sout;in Africa,, confirm& that fighting had been going on between freedom fighters and the Rhodesian a~mljr since 13 August and that the former included adhexer!.tS Of the ANC! “f-ighting their way to strike at the Beers themselves in South Africa” . They added: “Ne wish to declare here that the fighting that is presently going on in Wankie area is indeed being carried out by a combined force of ZARU and ARC, which marched into the country as comrades-in-arms on. a common route, each bound to its destination. It is the determination of these combined forces to &$t the common settJ.er enemy to the finish, at cany point of cl~co~ter as they make their way to their xespective fighting zones.

” In the fighting Front , the enemy has suffered untold casualtics and as the fighting continues, the Fighters are determined to inflict mofe IiXCm Wi thOUt SKL53XldW. After .all, as comra&s-in-arms, we axe f&cinCg a comoll enemy, fighting for a common purpose , facing a common fate, hence a combined f!xce for fc common onslaught against the enemy at every point of encounter as we much down for the liberation of our respective countries.” &

ime3, London, 23 August 1$7. Reuters reported from SaIisbuxy, cjzzoting that Rhodesians were being helped by four South African c3 hunt fox the g~:eri!las . l.$f Ca-pe Times-, 2 Saptember 1$X3(. l&/Reuters, 5 September I.$?. 198/In addition, about thirty Africans engaged in the operations were reported t0 have been arrested in Botswana.

h Afxiccz, Dar es S&&t;i1, 25 August J-967. ( / *.* 5:, ,,!f>&&,a;<;:.

%ll thz units of Umkontu we Sizwe are homeward bound. l . We reseme the right to fight the enemy wherever we find nim, rðer it ~LS in Zirnbabrre or not." 200/

299. In a press release on 20 September 1367, the ANT: claimed a considera'~le number of casualties among “enemy soldiers"g including nine'ky-f?ve kiI.leci and a large nuxiier injured. A Rhodesian transport plan, a Rhodesian helicopter axed tv0 South African helicopters had been hit and had crashed. It further claimed that the regime in Southern Rhodesia had exaggerated the number of guerrillas kiLled.~- w

c. Anti-“ter;orist” meaeres on S~~-L,$lTrica’sII- borders 300. Soon after the beginning of clashes in Southern Riodesia, the South Afzzicati, Government took extraordinary steps on the border to prevent infiltration of African “terrorists” and also directly intervened in Southern Rhodesia. 301. On 17 August 1967, the Deputy Minister of Police, Mr. S.L. Muller, disclosed in a speech in Durban that t%e fi.ve African "terrarists" who h:id been killed on (,‘.’2d2/ 13 August 'piexe South Africans. "They were armed to the teeth. *L 3E'. On 19 August, Brig, P.J. Venter of Security Poli.ce Headquarters said in

Pretoria that all possi’ble tneasures were being taken to prevent terP$.s/ts %rCill crossing into South Africa across the border from Southern Rhodesia.- South African border patrols were alerted and the Commissioner of Police, Lieutenant- General J.M. Keev, said that "bloodhounds and helicopters were standing by".- 201c/ L 303. On 20 August, the Deputy Minister of Police i.ssued a press statement appealing : to people near all the country’s borders ta help in preventing terrorists from entering 'the cauntr.y.

“We seek and request the co-operation of everybody on all OUT borders. We ask the people to watch out for foreign Bantu and to tell the police immediately."

200;/ Editorial in SpotLight on South Africa, Dar es Salaam, 1 Sepbember 1967. 201/ Spotlight on South Alricn, Dar es S.alaam,, 22 September 1967. E:orl.ier, ANC had claimed that some arm~d~ilitants had already entered South Africa ( 8 September 1967). w Cape Times, 18 August 1967'. 21 August 1967. I Referring to press reports that South Afi-ican security police had entei-ed Southern Rhodesia during the fighting, he said that they could not wait until the trouble was inside the country's borders. "We are forced to act wherever necessary. The mgf police should. do everything pos sible to stop the terrorists."= 304. (jn 3 September 1967, Lieutenant-General Keevy announced that farmers on the South African border had been offered substantial rewards for information leading to the capture or discovery of "teri*oristsr' in South Africa or for the capture of 206J *'terrorists ' "dead or alive". -.

D. Fry of South African forces into Southern Rhodes> 305. Meanwhil,e, numerous press reports indicated that South African forces had ~tcred Southern Rhodesia an& had collaborated with the forces of the SmS.th r&i.me

306. The London Daily Telegraph reported on 23 August that South Africa had been sending smal.1 groups of officers and men to ,train with the Rhodesian units: "These troops will form the nucleus of a Special. Air Services Regiment which South Africa is to form next month on the lines of the Rhodesian S.A.S. "By ,then about 150 Officers and men from the Republic will have served short periods with the Rhodesian Forces. They not only train with the Rhodesian S.A.S. but also take part in anti-terrorist operations in the Zarhesi Valley.”

SO?. --%..The New York Times reported on 25 August I.367 that South African units werd reinforcing Rhodesian forces. A South African police contingent, flown to Bulawago frnm Johannesburg, had joined a Rhndesian convoy to Tjolotjo, one of the main scenes of the conflict, on 25 August.

308 l Init ially, the South African Government sr!ok.esmen refused to confirm these press reports * On 25 Ougust, Prime Minister Vorster denied.the existence ef a defence agreement with Portugal or Southern Rhodesia. He added, however:

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"We are good friends, and good friends do not need an agreement to combat murderers. Good friends know what, their d.uty is when the neighbour's 1i house is on fire." He also added that he wanted to advise 'Zambia and Tanzania to remember that South I Africa was taking notice of the transit of "ter;:arists".- 20.77 309. on 27 Au.gust , Police Coirfilissioner John Keevy denied that South Africa had moved security forces into Botswana or Southern Rhodesia, Although no jojnt action was contem~~lated,then, he stated: "I cannot say what is going .to happen in the futiire . " '208/ 310, HoTLTever, on 8 September, Prime Minister Vorster said that members of the Sot&L? African Prjlice Force - "and 1 wish to emphasize .i,hat it i.s on& members of the Police Farce" .. were ac'tive in Rhodesia, with ,the approval of Rhodesia, ta fi,,rht against the "terroris~ts". He ha6 instructed the Cabinet Minister concerned to inform the United Kingdofr, G+-lvernment of this deci.s5%1 of the Scuth African Government. He added:

"AILready tonight, while we are here ~togethcr, our policemen are at their posts to d.o their part 5-n the strugg:Le. "We are doing it openly because 5t is ou1‘ downfall. that is being scught and it is our duty to protect ourselves. Ze are doing it as a police measure because it is th, P task of the pclice to eradicate ,subversion and terrorism. . , .

"The world 1Xius.t understand clearly tha4I- i-t had knowin& allowed the terrorists to be trained, and certain cxnntries had allowed this Ln their own countries.... "It is not our intention to wait until this happens to us here. I'Cur action in Rhodesia has nothing ,to do with their situ&Ton, which arose about two years ago, We do not interfere in their domestic affairs or the unfortunate disagreement between Rhodesia and BritaPn. We still regard this as a domzstlc matter which has to he solved 'between themselves. '1 *&

a;/' --Ibid., 26 August 1367. 208// u-r-w-cyThe New York -"z-"-w..-Times, 28 August 1967. W' Cape Times-. , 9 September 146’7. -78-

311. On14S ePt emb er 1967, the United Kingdom Government protested to the South African Government against the unauthorised entry of South African forces into British territory.., & 312. However, on 24 Septeniber 1967, Prime Minister Vorster declared: "South Africa will act against the terrorists of undermining organizations such as the African National Congress and the Pan Africanist Congress in any territory where it is allowed to act. "This decision has been taken and will remain in force for as long as it is necessary to act.

"In this connection South Africa cannot allow anybody to dictate to it, It must protect its interests in the manner it deems fit. South Africa has c?refully considered the matter before it has decided on this action." 211/

313. The outbres,k of fighting in Southern Rhodesia, the entry of South African forces into the territory and threats levelled by the regime in Southern Rhodesia and the South African authorities O against African countries for their assistance to the '(terrori:;ts*' have created a wider danger. 314. The Government of Zambia stated, in a note to the United Kingdom on 29 August and in a statement on 22 September 1967, that the South African intervention in Southern Rhodesia is an act of aggression and a prelude to racial conflagration in southern Africa, &

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210/ibid., 15 and 22'September 1967. wlibid211/ Ibid., ., 252% September.and 23 1967. September 1967.