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Banning Orders Against Opponents of Apartheid in South Africa

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Banning Orders Against Opponents of Apartheid in South Africa Banning Orders Against Opponents of Apartheid in South Africa http://www.aluka.org/action/showMetadata?doi=10.5555/AL.SFF.DOCUMENT.nuun1971_33 Use of the Aluka digital library is subject to Aluka’s Terms and Conditions, available at http://www.aluka.org/page/about/termsConditions.jsp. By using Aluka, you agree that you have read and will abide by the Terms and Conditions. Among other things, the Terms and Conditions provide that the content in the Aluka digital library is only for personal, non-commercial use by authorized users of Aluka in connection with research, scholarship, and education. The content in the Aluka digital library is subject to copyright, with the exception of certain governmental works and very old materials that may be in the public domain under applicable law. Permission must be sought from Aluka and/or the applicable copyright holder in connection with any duplication or distribution of these materials where required by applicable law. Aluka is a not-for-profit initiative dedicated to creating and preserving a digital archive of materials about and from the developing world. For more information about Aluka, please see http://www.aluka.org Banning Orders Against Opponents of Apartheid in South Africa Alternative title Notes and Documents - United Nations Centre Against ApartheidNo. 34/71 Author/Creator United Nations Centre against Apartheid Publisher Department of Political and Security Council Affairs Date 1971-08-00 Resource type Reports Language English Subject Coverage (spatial) South Africa Coverage (temporal) 1971 Source Northwestern University Libraries Description This issue of "Notes and Documents" contains the lists of those banned in 1971, together with brief biographical particulars when available. Format extent 75 page(s) (length/size) http://www.aluka.org/action/showMetadata?doi=10.5555/AL.SFF.DOCUMENT.nuun1971_33 http://www.aluka.org NOTES AND DOCUMENT.. NOTES AND DOCUMENT.. Northwestern University Libra 'y APR 24 1972 Afr ca na August 1971 BAOININIG C0RDIPS AGAINST OPPONEWIS OF APAHTNEID IN SOUTH LTRICA 21Banninc orders" are one of the arbitrary repressive measures, used by the South African Goverrment to silence and harass opponents of apartheid, which have been condemned repeatedly by United Nations organs. In resolution 2396 (MCIII) of December 2, 1968, the General Assembly requested the Secretary-G6neral to establish a register of persons served with banning orders and to publicize it as widely as possible. The Economic and Social Council in resolution i415 (XTLVI) of June 6, 1969, recommended that the General Assembly call upon the South African Government "to rescind immediately the 'Banning Orders' issued under the Suppression of Communism Act against the opponents of apartheid". This issue of "Notes and Documents" contains the lists of those currently banned, together with brief biographical particulars wrhen available./ 71-1681o *All material in thdte notes and documents may be freely reprinted. Acknowledgement, together with a copy of the publication containing the reprint, would be appreciated. No. 34,/71 NOTE Under the Suppression of Communism Act, the South African Minister of Justice has very wide and arbitrary powers to prohibit a person: - from entering or being in a certain place (e.g. any African location or trade union office or factory or printing works or publishing house) - from going outside a particular area or place (e.g. a magisterial district or African reserve or even a flat) - from communicating with any other person (uaually another banned person) - from receiving any visitors (except an advocate or attorney managing his affairs) - from attending any gatherings - from doing specific actn (e.g. teaching, writing for publication). The definition of "communism" under the Act is so wide and arbitrary that the repressive measures have been applied to opponents of apartheid irrespective of their attitude towards communism. The banning orders are issued: under section 5(l)(e) or section 9(1) of the Suppression of Communism Act. Section 5(l)(e) applies to "any person who is listed as an officer, member or active supporter of an organization banned for furthering the achievement of any of the objects of communism, or who has been convicted of an offence under the Act, or is a Communist". Section 9(1) covers any person if the MiniEter of Justice m satisfied that he engages in "activities which are furthering or 'are calculated to further the achievement of any of the objects of communism". Iloreover, under section 11(g) bis, the inister is empowered to prohibit the publication of writings or speeches of South Africans who have left the Republic. Many persons whose banning orders have expired have been listed under this section. It will be noted from the lists which follow that the persons subjected to banning orders include Africans as well as whites, Indians and Coloured people; men and women; doctors, lawyers, teachers, students, priests, workers, writers and members of other professions; and a considerable number of trade unionists. They include many officers of organizations such as the South African Indian Congress, the Coloured People's Congress and the South African Congress of Trade Unions, which were paralyzed by the banning orders, though the organizations thenselves, unlike the African National Congress and the Pan Africanist Congress, were not banned. - 2 The stringent banning orders have prevented a number of persons from continuing their jobs and professions. The restrictions have forced a number of opponents of apartheid to leave South Africa. In some cases, both husband and wife have been banned. The wives of several political prisoners have been banned. Many political prisoners have been served with banning orders immediately after completing their sentences. Others have been served with banning orders when courts acquitted them of political charges. Though the banning orders are usually for a period of two or five years, they are often renewed. (The names of persons who had been previously banned are marked with an asterisk.) Many persons have been subjected for ten or more years to stringent restrictions. Particularly serious are the restrictions on a number of persons subjected under the banning orders to "house arrest". Annex I includes the names of persons banned under sections 9(1) and 5(l)(e) of the Suppression of Communism Act, their addresses, and brief biographical particulars taken mainly from press reports. The addresses of those who have left South Africa are omitted. Annex II includes the names of persons banned under section 11(g) bis of the Suppression of Communism Act, which is applied to prohibit the publication of writings or speeches of South Africans who have left the Republic. These two lists include the names of those persons banned as of 1 July 1971, as published in the Government Gazettes to that date. A typical banning and house arrest order - one served on Miss Mary Benson, writer, in 1966 - is reproduced in Annex III. - 3 ANNEX I LIST OF PERSONS BANNED UNDER SECTIONS 9(1) AND 5(l)(e) OF THE SUPPRESSION OF COIVJUNISM ACT ABRAIA4IS, Abduragman (Maantjie) Address: 85 Leeuwen Street, Cape Townm. (Period of current banning order: 1 December 1969 to 31 December 1974.) ADA,, Magamonke (see page 66) l/ *AITCHISON, John Jacques Iilliam Address: 12 Wendower Road, Pietermaritzburg. (Period of current banning order: 27 larch 1971 to 31 March 1976.) Former Secretary of the Natal branch of the Liberal Party. Refused a passport enabling him to study at Oxford. Banned for five years in 1965 and sentenced in December 1966 to one year's imprisonment with all but four days suspended for breaking his banning order. AJAII, Achmat Address: 21 Kingsley Road, Salt T'iver, Cape Tom. (Period of current banning order: 1 September 1966 to 31 July 1971.) Detained under the "90-day lai" in 1964. Charged under the Sabotage Act, but the charges were withdraim on 5 June 1964. ALEXANDER, Doroty Hazel Address: Marais Road, M-iddleburg, Cape Province. i/Because of the delays in publication of lists of banned persons in the Gazette, particulars on certain persons banned before 1 July were not included in alphabetical order. They may be found at the end of this list. *Indicates that this person has been previously served with banning orders. (Period of current banning order: 21 April 1969 to 30 April 1974.) High school teacher and sister of Dr. Neville Alexander. Sentenced to fiveyear imprisonment in 1964 under the Sabotage Act. Banned after release. APRIL, Iaushe Wellington Address: Gxara, Kentani. (Period of current banning order: 24 September 1970 to 30 September 1975.) *ARENSTEIN, Jacqueline Address: 16 Belvedere Flats, 137 Cato Road, Durban. (Period of current banning order: 31 August 1968 to 31 August 1973.) Journalist. Wife of Mr. Rowley Arenstein. 1lother of two daughters. Accused in the Treason Trial, 1956. Served with five-year banning orders in 1963. Convicted to seven days? imprisonment in 1964 for sitting with three others in a coffee shop; acquitted on appeal. Banning orders involve 12-hour house arrest. AREMSTEIN, Rowley Israel Address: 16 Belvedere Flats, 137 Cato Road, Durban. (Period of current banning order: 20 October 1970 to 31 October 1975.) Attorney. Served five-year sentence for alleged offences under the Suppression of Communism Act. Banned after release. Banning orders involve 12-hour house arrest. *ASVAT, Dr. Zainap Ebrahim (Period of current banning order: 31 December 1968 to 31 December 1973.) Doctor. Former President of the Indian Women's Association. On Human Rights Day, 1963, she led a group of women who tried to present a petition to the Prime Minister protesting the Group Areas Act. The next day she was served with fiveyear banning orders. The banning orders confined her to Johannesburg, prohibited her from communicating with other banned persons, and required her to report to the police every Monday. Banning orders renewed for another five years in 1968.
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