Report of the Special Committee Against Apartheid, Supplement No. 22 (A/32/22)

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Alternative title Report of the Special Committee Against ApartheidA/32/22S/12363 Author/Creator Special Committee against Apartheid Publisher United Nations, General Assembly (New York) Date 1977-11-01 Resource type Reports Language English Subject Coverage (spatial) South Africa, South Africa Description I. Review of the work of the Special Committee: A. Action taken by the General Assembly at its thirty-first session; B. Day of Solidarity with South African Political Prisoners; C. Observance of the International Day for the Elimination of Racial Discrimination on 19 March 1976; D. International Day of Solidarity with the Struggling people of South Africa; E. World Conference for Action against Apartheid; F. Second International Trade Union Conference for Action against Apartheid; G. Proposed International Anti-Apartheid Year; G. Proposed International Anti-Apartheid Year; H. Consideration of developments relating to apartheid; I. Missions to Governments; J. Co-operation of the Special Committee with other organizations engaged in the struggle against apartheid; K. Representation at national and international conferences; L. International Convention on the Suppression and Punishment of the Crime of Apartheid; N. Work of the Sub-Committee on the Implementation of United Nations Resolutions and Collaboration with South Africa. II. Conclusions and Recommendations: A. Solemn commitment to international action; B. Recognition of the right of the oppressed people to resort to armed struggle; C. Cessation of collaboration with the apartheid régime; D. Assistance to the oppressed people of South Africa and their national liberation movement; E. Implementation of the

http://www.aluka.org International Convention on the Suppression and Punishment of the Crime of Apartheid; F. Political prisoners in South Africa; G. Dissemination of information against apartheid; H. International Anti-Apartheid Year; I. Programme of work of the Special Committee; J. Strengthening of Secretariat services for the Special Committee and action against apartheid; K. Co-operation with other United Nations Bodies; L. Urgent need for action by the Security Council under Chapter VII of the Charter. Annexes: I. Review of developments in South Africa since September 1976; II. List of Documents of the Special Committee. Format extent 167 pages (length/size)

http://www.aluka.org/action/showMetadata?doi=10.5555/AL.SFF.DOCUMENT.scaa1977001

http://www.aluka.org REPORT OF THE SPECIAL COMMITTEE AGAINST APARTHEID GENERAL ASSEMBLY OFFICIAL RECORDS: THIRTY-SECOND SESSION SUPPLEMENT No. 22 (A/32/22) UNITED NATIONS New York, 1977

NOTE Symbols of United Nations documents are composed of capital letters combined with figures Mention of such a symbol indicates a reference to a United Nations document. The present report was also submitted to the Security Council under the symbol S/12363. The special reports of the Special Committee against Apartheid will be circulated in mimeographed form under the symbols A/32/22/Add.l-3- S/12363/Add.l-3 and subsequently issued as Official Records of the General Assembly, Thirty-second Session, Supplement No. 22A (A/32/22/Add.1-3).

CONTENTS VOLUME I /Original: English/ /4 Ilovember 1977/ Paragraphs LETTER OF TRANSMITTAL INTRODUCTION I. REVIEW OF THE WORK OF THE SPECIAL COMMITTEE A. Action taken by the General Assembly at its thirty-first session B. Day of Solidarity with South African Political Prisoners C. Observance of the International Day for the Elimination of Racial Discrimination on 19 March 1976 D- International Day of Solidarity with the struggling people of South Africa E. World Conference for Action against Apartheid F Second International Trade Union Conference for Action against Apartheid G- Proposed International Anti-Apartheid Year H. Consideration of developments relating to apartheid 1. Collaboration with South Africa 2. Repression against the opponents of apartheid 3. Assistance to South African student refugees in neighbouring countries 4. Bantustans 5. Apartheid in sports I. Missions to Governments J Co-operation of the Special Committee with other organizations engaged in the struggle against apartheid 1. Other United Nations organs 2. Specialized agencies and other organizations within the United Nations System 3. Organization of African Unity 4. South African liberation movements 5. Non-governmental organizations -iii- i-1011-19011-25 26 - 32 33 - 37 Page v 1 3 3 - 44 - 54 - 58 - 62 - 107 - 80 - 94 - 97 - 99 - 107 - 129 130 - 174 133 134 143 149 154 142 148 153 174

CONTENTS (continued) K. Representation at national and international conferences L. International Convention on the Suppression and Punishment of the Crime of Apartheid M. Trust Fund for Publicity against Apartheid N Work of the Sub-Committee on Petitions and Information 0. Work of the Sub-Committee on the Implementation of United Nations Resolutions and Collaboration with South Africa II CONCLUSIONS AND RECOMMENDATIONS A. Solemn commitment to international action B. Recognition of the right of the oppressed people to resort to armed struggle C. Cessation of collaboration with the apartheid r6gime D. Assistance to the oppressed people of South Africa and their national liberation movement E. Implementation of the International Convention on the Suppression and Punishment of the Crime of Apartheid F Political prisoners in South Africa G- Dissemination of information against apartheid H. International Anti-Apartheid Year I. Programme of work of the Special Committee J Strengthening of Secretariat services for the Special Committee and action against apartheid K. Co-operation with other United Nations Bodies L. Urgent need for action by the Security Council under Chapter VII of the Charter Paragraphs 175 - 183 184 - 185 186 -187 188 189 - 190 191 - 336 207 -214 215 -223 224 -271 272 -287 288 293 297 303 305 318 - 326 327 - 331 332 -336 ANNEXES I. REVIEW OF DEVELOPMENTS IN SOUTH AFRICA SINCE SEPTEMBER 1976 II LIST OF DOCUMENTS OF THE SPECIAL COMMITTEE -iv- Page 158

LETTER OF TRANSMITTAL 1 November 1977 Sir, I have the honour to send you herewith the annual report of the Special Committee against Apartheid adopted unanimously by the Special Committee against Apartheid on 1 November 1977 This report is submitted to the General Assembly and to the Security Council in accordance with the relevant provisions of General Assembly resolutions 2671 (XXV) of 8 December 1970 and 31/6 of 26 October and 9 November 1976. Accept, Sir, the assurances of my highest consideration. (Signed) Leslie 0. HARRIMAN Chairman of the Special Committee against Apartheid His Excellency Mr Kurt Waldheim Secretary-General of the United Nations New York

INTRODUCTION 1 The Special Committee against Apartheid was established by the General Assembly by resolution 1761 (XVII) of 6 November 1962, as the Special Committee on the Policies of Apartheid of the Government of the Republic of South Africa. In resolution 2671 A (XXV), adopted on 8 December 1970, the General Assembly requested the Special Committee "constantly to review all aspects of the policies of apartheid in South Africa and its international repercussions, including: "(a) Legislative, administrative and other racially discriminatory measures in South Africa and their effects; "(b) Repression of opponents of apartheid; "(c) Efforts by the Government of South Africa to extend its inhuman policies of apartheid beyond the borders of South Africa; "(d) Ways and means of promoting concerted international action to secure the elimination of apartheid; "and to report from time to time, as appropriate, to the General Assembly or the Security Council or both" 2 The Special Committee is now composed of the following 18 Member States: Algeria, German Democratic Republic, Ghana, Guinea, Haiti, Hungary, India, Indonesia, Malaysia, Nepal, Nigeria, Peru, Philippines, Somalia, Sudan, Syrian Arab Republic, Trinidad and Tobago and Ukrainian Soviet Socialist Republic 3. On 25 January 1977, at its 340th meeting, the Special Committee unanimously re-elected Mr Leslie 0. Harriman (Nigeria) as its Chairman. At the same meeting, the Special Committee re-elected Mr Vladimir N Martynenko (Ukrainian Soviet Socialist Republic) as one of its two Vice-Chairmen and elected Mr Putrevu J Rao (India) as its Rapporteur At its 349th meeting, on 10 August 1977, the Special Committee elected Mr Serge Elie Charles (Haiti) as its Vice-Chairman. 4. On 25 January 1977, the Special Committee re-elected Mr Thomas B. Sam (Ghana) as Chairman of its Sub-Committee on the Implementation of United Nations Resolutions and Collaboration with South Africa and elected Mr Abdel- Hamid Semichi (Algeria) as Chairman of its Sub-Committee on Petitions and Information. 5 The Sub-Committee on the Implementation of United Nations Resolutions and Collaboration with South Africa is now composed of Ghana (Chairman), Hungary, Malaysia, Peru and the Sudan, and the Sub-Committee on Petitions and Information is composed of Algeria (Chairman), the German Democratic Republic, Nepal, Somalia and Trinidad and Tobago 6. On 23 June 1977, the Special Committee prepared and submitted for the attention of the General Assembly and the Security Council a special report on the Second International Trade Union Conference for Action against Apartheid, adopted by the Special Committee against Apartheid on 21 June 1977 (A/32/22/Add.l-S/12363/Add.l)

7 On 1 November 1977, the Special Committee submitted special reports on the International Anti-Apartheid Year (A/32/22/Add.2-S/12363/Add.2) and on relations between Israel and South Africa (A/32/22/Add.3-S/12363/Add.3) 8 At its meeting held in September 1977, the Special Committee decided unanimously to submit the present report to the General Assembly and the Security Council. It consists of: (a) A review of the work of the Special Committee; (b) Conclusions and recommendations of the Special Committee; (c) A review of developments in South Africa since the last annual report; (d) A list of the documents of the Special Committee. 9 The Special Committee wishes to place on record its gratitude to the SecretaryGeneral for his abiding interest in its work. The Special Committee also wishes to express its deep appreciation to the Organization of African Unity, the non-aligned movement, the specialized agencies of the United Nations, the two South African liberation movements, namely, the African National Congress of South Africa and the Pan Africanist Congress of Azania, and numerous non- governmental organizations for their continued support of the work of the Committee 10. The Special Committee also wishes to express its deep appreciation to the Director of the Centre against Apartheid, to the secretariat of the Special Committee, and to all other members of the Centre against Apartheid for their efficient and devoted service

I REVIEW OF THE WORK OF THE SPECIAL COMMITTEE A. Action taken by the General Assembly at its thirty-first session 11. During its thirty-first session, the General Assembly for the first time considered the item entitled "Policies of apartheid of the Government of South Africa" directly in plenary meetings It invited the South African liberation movements recognized by the Organization of African Unity to participate in the discussion of the item in plenary meetings The item was discussed between 26 October and 9 November 1976. On 26 October, when the South African regime declared the so-called "independence" of the Transkei, the Assembly adopted resolution 31/6 A on the matter On 9 November, it adopted resolutions 31/6 B-K, endorsing the principal recommendations of the Special Committee, approving a programme of action against apartheid and appealing to all Member States to take vigorous and concerted measures in implementation of United Nations resolutions to isolate the apartheid regime and assist the oppressed people of South Africa and their liberation movements 12. In resolution 31/6 A, on "the so-called independent Transkei and other bantustans", the General Assembly strongly condemned the establishment of bantustans as a measure designed to consolidate the inhuman policies of apartheid, to destroy the territorial integrity of the country, to perpetuate white minority domination and to dispossess the African people of South Africa of their inalienable rights It rejected the declaration of "independence" of the Transkei and declared it invalid. The Assembly called upon all Governments to deny any form of recognition to the so-called independent Transkei and requested all States to take effective measures to prohibit all individuals, corporations and other institutions under their jurisdiction from having any dealing with the so-called independent Transkei or other bantustans. 13. In resolution 31/6 B relating to the United Nations Trust Fund for South Africa, the General Assembly expressed deep concern over the massive repression of opponents of apartheid and racial discrimination in South Africa, including the killing of numerous peaceful demonstrators, and endorsed the urgent appeal of the Committee of Trustees of the United Nations Trust Fund for South Africa for more generous contributions to the Trust Fund. 14- In resolution 31/6 C, on solidarity with South African political prisoners, the General Assembly reaffirmed its solidarity with all South Africans struggling against apartheid for the establishment of majority rule and the exercise of their right to self-determination and demanded the immediate and unconditional release of all persons imprisoned or restricted for their involvement in the struggle for liberation in South Africa. By this resolution, the General Assembly proclaimed 11 October as the Day of Solidarity with South African Political Prisoners. 15 In resolution 31/6 D, relating to the arms embargo against South Africa, the General Assembly again requested the Security Council to take urgent action, under Chapter VII of the Charter of the United Nations, to ensure the complete cessation by all States of the supply of arms, ammunition, military vehicles and spare parts thereof, and any other military equipment to South Africa, as well as any co-operation which facilitates the building-up of military and policy forces in that country It further requested the Security Council to call upon all Governments, in particular, to implement fully the arms embargo against South Africa, to refrain from importing any military supplies manufactured by, or in collaboration with, South Africa, to terminate any existing military arrangements with the racist regime of South Africa and to prohibit any institutions, agencies or companies within their jurisdiction from delivering to South Africa any equipment or technology that would enable the racist r6gime of South Africa to acquire nuclear-weapon capability The Assembly called upon the Governments of France, the United Kingdom of Great Britain and Northern Ireland and the United States of America to adopt a positive policy to enable the Security Council to take effective action under Chapter VII of the Charter 16. In resolution 31/6 e, concerning relations between Israel and South Africa, the General Assembly strongly condemned the continuing and increasing collaboration by Israel with the racist regime of South Africa as a flagrant violation of the resolutions of the United Nations and as an encouragement to the racist regime of South Africa to persist in its criminal policies and requested the Secretary-General to disseminate widely the special report of the Special Committee against Apartheid, l/ in order to mobilize public opinion against this collaboration by Israel with the racist r~gime of South Africa. 17. In resolution 31/6 F, on apartheid in sports, the General Assembly decided to establish an Ad Hoc Committee on the Drafting of an International Convention against Apartheid in Sports and requested it, as an interim measure, to prepare a draft declaration and submit it to the General Assembly at its thirty-second session and also to undertake preparatory steps towards the drafting of an international convention against apartheid in sports. The Assembly urged all States to convey the United Nations resolutions on apartheid in sports to all national sports bodies with a request that necessary action be taken to implement those resolutions; to refuse any official sponsorship, assistance or encouragement to sports contacts with South Africans; to refuse visas to South African sports bodies or sportsmen, except for non-racial sports bodies endorsed by the Special Committee and the liberation movements; to deny facilities to sports bodies or sportsmen for visits to South Africa; and to encourage national sports bodies to support the exclusion of South Africa from international sports bodies and tournaments 18. In resolution 31/6 G, relating to the programme of work of the Special Committee against Apartheid, the General Assembly authorized the Special Committee against Apartheid to send missions to Governments of Member States, to the headquarters of specialized agencies and other intergovernmental and non- governmental organizations, as well as trade union confederations, for consultations to promote the international campaign against apartheid, to take appropriate steps to promote closer co-operation with the movement of non- aligned countries, the Organization of African Unity and other appropriate intergovernmental organizations; to participate in conferences concerned with apartheid; and to invite representatives of the South African liberation movements recognized by OAU and other organizations, as well as experts on apartheid for consultation. 11 Official Records of the General Assembly, Thirty-first Session, Supplement No. 22 A (A/31/22/Add.l-3), document A/31/22/Add.2.

19. The Assembly also authorized the Special Committee to organize a World Conference for Action against Apartheid in 1977 to consider concrete measures for the implementation of the programme of action against apartheid adopted by the General Assembly at its thirty-first session and to convene an International Conference of Trade Unions against Apartheid with the view to intensifying world-wide action for the eradication of apartheid. The Assembly requested the Special Committee against Apartheid to continue and to intensify its activities to promote concerted international action against apartheid and other intergovernmental and non-governmental organizations to co-operate with the Special Committee in the discharge of its task- By the same resolution, the General Assembly authorized the Special Committee to establish an award to be presented to persons who have, in co-operation with the United Nations and in solidarity with the South African liberation movements, contributed to the international campaign against apartheid. 20. In resolution 31/6 H, on economic collaboration with South Africa, the General Assembly proclaimed that any collaboration with the racist regime of South Africa constituted a hostile act against the oppressed people of South Africa and a contemptuous defiance of the United Nations and the international community and called upon Member States still engaged in economic collaboration and trade with the racist regime of South Africa to implement the relevant General Assembly resolutions and to cease forthwith any such collaboration with that regime. It called upon all Governments to take effective action to prohibit all loans to or investments in South Africa by banks and corporations within their national jurisdiction and requested all agencies within the United Nations system to refrain from any dealings with corporations which provide any loans to or make any investments in South Africa. 21. In resolution 31/6 I, on the situation in South Africa, the General Assembly proclaimed that the racist r6gime of South Africa was illegitimate and had no right to represent the people of South Africa. It reaffirmed that the national liberation movements recognized by OAU, the African National Congress of South Africa and the Pan Africanist Congress of Azania were the authentic representatives of the overwhelming majority of the South African people. The Assembly strongly condemned the racist regime of South Africa for its criminal policies and practices of apartheid, its massacres of black people and its ruthless repression of all those struggling against apartheid and for encouragement of the activities of the mercenaries and their organizations in its territory and for their use against the African peoples and States members of OAU. It reaffirmed the legitimacy of the struggle of the oppressed people of South Africa and their liberation movements, by all possible means, for the seizure of power by the people and the exercise of their inalienable right to self-determination. 22. The Assembly declared that the situation in South Africa, resulting from the policies and actions of the racist regime, constituted a grave threat to the peace, requiring action under Chapter VII of the Charter of the United Nations and called upon the Governments of France, the United Kingdom and the United States of America, in particular, to desist from misusing their veto power in the Security Council to protect the racist r6gime of South Africa. It called upon them not to obstruct but to facilitate the adoption of a mandatory arms embargo and other indispensable measures, under Chapter VII of the Charter, to deal with the grave situation in South Africa. The Assembly proclaimed 16 June as the International Day of Solidarity with the Struggling People of South Africa and called upon Member States to commemorate this day in the most fitting way

23. In resolution 31/6 J, relating to the programme of action against apartheidq, the General Assembly commended to all Governments, organizations and individuals a Programme of Action against Apartheid. The text of the programme, which was annexed to the resolution, listed a series of measures to be taken by Governments, intergovernmental organizations, trade unions, churches, anti- apartheid movements and other non-governmental organizations The Assembly also requested all United Nations organs and specialized agencies concerned to participate in the implementation of the Programme of Action, in close co- operation with the Special Committee against Apartheid. 24 In resolution 31/6 K, concerning investments in South Africa, the General Assembly, considering that cessation of new foreign investment in South Africa would constitute an important step in the struggle against apartheid, urged the Security Council to consider steps to achieve the cessation of further foreign investments in South Africa. 25. A number of other resolutions adopted by the General Assembly at its thirty- first session included important references to apartheid and the situation in South Africa. 2/ B. Day of Solidarity with South African Political Prisoners 26 On 22 September 1976, the Chairman of the Special Committee issued an appeal to all Governments, organizations and individuals to observe 11 October 1976 as the Day of Solidarity with South African Political Prisoners The Special Committee urged that on that day the entire international community dedicate itself to supporting the struggle of the oppressed people of South Africa for national liberation and renew its commitment to take concerted action against the apartheid r'gime and its criminal policies 27 The Special Committee held two special meetings on 11 October 1976, in observance of the Day of Solidarity, with the participation of delegations from all Member States of the United Nations, liberation movements of South Africa and representatives of non-governmental organizations 28. Statements were made by the Secretary-General of the United Nations, the President of the General Assembly, the President of the Security Council, the Commissioner for External Affairs of the Federal Republic of Nigeria and the Foreign Minister of Austria. 29. Statements were also made by the representative of Sweden (on behalf of the Nordic countries), Nepal, Guyana, the German Democratic Republic, the Netherlands (on behalf of the States members of the European Economic Community), Algeria, Malaysia, the Ukrainian Soviet Socialist Republic, India, Australia, Hungary, Somalia, Peru, Indonesia, the Syrian Arab Republic, Cuba, Trinidad and Tobago, Uganda, Cyprus and Guinea. 30 Statements were also made by the representatives of OAU, the League of Arab States and southern African liberation movements, the African National Congress of South Africa, the Pan Africanist Congress of Azania and the South West Africa 2/ See resolutions 31/7 of 5 November 1976, 31/13 of 16 November 1976, 31/33, 31/34 of 30 November 1976, 31/77, 31/80, 31/81 of 13 December 1976, 31/143 and 31/145 of 17 December 1976.

People's Organization. 'The Committee also heard representatives of a number of non-governmental organizations: British Anti-Apartheid Movement, American Committee on Africa, National Conference of Black Lawyers, Quebec Council for Peace, National Anti-Imperialist Movement of the United States and International Confederation of Free Trade Unions It also heard statements by Mr Per Wastberg, editor of Dagens Nyleter, Stockholm; Mrs Violet Cherry, mother of a detainee in South Africa; and Mr. Sean MacBride, Nobel Peace Prize winner. 31. At the start of the meeting, the Special Committee observed a minute of silence in memory of all those men, women and children who had laid down their lives in the long and bitter struggle against apartheid and racial discrimination in South Africa, in militant solidarity with all those fighters for freedom who were languishing in the racist gaols in South Africa, and in a solemn expression of commitment to all South Africans who would rather give up their lives and risk imprisonment and torture to liberate their people than suffer the humiliation of living under apartheid. 32. The meeting adopted by acclamation, a message (see A/AC.115/SR334) to South African political prisoners, which read in part as follows: "We solemnly reaffirm the special responsibility of the United Nations and the international community towards the oppressed people of South Africa and their liberation movements, and towards all those imprisoned, restricted or exiled for their struggle against apartheid. We reiterate the full commitment and dedication of the United Nations and the international community to the struggle for freedom in South Africa, until all political prisoners are freed and the oppressed people of South Africa can exercise their right to self-determination in accordance with the principles of the United Nations Charter "We hail the heroic resistance of the oppressed people of South Africa against the criminal apartheid r6gime We salute the valiant fighters who have selflessly laid down their lives in the struggle We solemnly pledge our full support to those who are detained under the repressive laws and daily exposed to brutal treatment and torture in the gaols of the criminal regime and to those who have been subjected to imprisonment and floggings for participating in peaceful demonstrations against racial discrimination 't "We rededicate ourselves to continue and increase our support for the just cause of the oppressed people of South Africa and call upon the peoples of the world to redouble their campaigns for the immediate and unconditional release of all South African political prisoners, for the isolation of the South African racist r6gime and for support to the South African liberation movements " C. Observance of the International Day for the Elimination of Racial Discrimination on 19 March 1976 33. As in previous years, the Special Committee against Apartheid promoted the observance of the International Day for the Elimination of Racial Discrimination, which had been proclaimed by the General Assembly in 1966. -7-

34. The Special Committee held a solemn meeting at the United Nations Headquarters in New York on 21 March 1976 to commemorate the International Day The meeting was attended by the representatives of permanent missions to the United Nations, the specialized agencies and other United Nations bodies concerned, and the Organization of African Unity 35 Statements were made at the meeting by the Secretary-General of the United Nations, the President of the Security Council, the Chairman of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, the Chairman of the Commission on Human Rights, and the representatives of the United Nations Council for Namibia and the Committee of Trustees of the United Nations Trust Fund for South Africa. Statements were also made by the Executive Secretary of the Organization of African Unity, the representatives of the South African liberation movements - the African National Congress of South Africa and the Pan Africanist Congress of Azania - and the Chairman of the Special Committee36 The meeting heard messages from the President of the thirty-first session of the General Assembly, from Sir Seewoosagur Ramgoolam, Prime Minister of Mauritius and current Chairman of OAU, and Mrs Sirimavo R.D. Bandaranaike, Prime Minister of Sri Lanka and the current Chairman of the Conference of the Heads of State or Government of Non-Aligned Countries. Messages received from other Heads of State and Government of Afghanistan, Algeria, Australia, Brazil, Dominican Republic, Ethiopia, German Democratic Republic, Ghana, Greece, Guinea, Indonesia, Nigeria, Pakistan, Somalia, Sri Lanka, Tunisia, Turkey, the Union of Soviet Socialist Republics and Yugoslavia were also read out at the meeting. All messages received on that occasion were issued as a document of the Special Committee (A/AC 115/L.462) 37. The Chairman of the Special Committee said that the statements made at the meeting and the messages received on the occasion reflected the unanimous view of the international community that apartheid is an evil which must be eliminated from this earth and that the struggle of the oppressed people of South Africa and their liberation movements for freedom and human equality is a legitimate struggle which should be supported by all nations and peoples The Special Committee, he said, solemnly pledged to do all in its power to fulfil its responsibilities under the "Programme of Action against Apartheid" adopted by the General Assembly on 9 November 1976. The Committee dedicated itself to redoubled efforts to help the oppressed people of South Africa and their liberation movements to dismantle and destroy apartheid in all its manifestations, and to establish a non-racial society based on the principles of the United Nations Charter. D. International Day of Solidarity with the Struggling People of South Africa 38. In its resolution 31/6 I, the General Assembly proclaimed 16 June as the International Day of Solidarity with the Struggling People of South Africa and called upon Member States to commemorate that day in the most fitting way. On 3 June 1977, the Chairman of the Special Committee against Apartheid issued a press statement in which he stressed the importance of the General Assembly resolution and appealed to all Governments and organizations to commemorate the International Day by rededicating themselves to moral, political and material support to the liberation movements of the South African people until apartheid is eradicated. -8-

39 As a result of the consultations between the Special Committee, the representatives of the Organization of African Unity and the South African liberation movements, the African Group at the United Nations sponsored the solemn commemorative meeting on 16 June in observance of the International Day 40 Mr Medoune Fall (Senegal), the current Chairman of the African Group, presided at the meeting. 41. Statements were also made by the Secretary-General of the United Nations, the President of the thirty-first session of the General Assembly, the President of the Security Council, the representative of the Chairman of OAU, the representatives of the regional groups at the United Nations, and the representatives of the South African liberation movements, ANC and PAC 42 The meeting observed a minute of silence in memory of those who had lost their lives in Soweto and other parts of South Africa "in defence of justice, liberty and human dignity" 43. A number of messages received on that occasion were issued as a document of the Special Committee (A/AC.115/L 466) 44. On 21 June 1977, the Special Committee held a meeting in connexion with the observance of the International Day A statement was made by Mr Vladimir N Martynenko, Acting Chairman of the Special Committee and representative of the Ukrainian Soviet Socialist Republic Statements were also made by the representatives of Algeria, the German Democratic Republic, Ghana, Haiti, Hungary, India, Indonesia, Malaysia, Nepal, Peru, the Philippines, Somalia, the Sudan, the Syrian Arab Republic and Trinidad and Tobago At the invitation of the Acting Chairman, the representative of PAC made a statement E. World Conference for Action against Apartheid 45 In resolution A/31/6 G, the General Assembly authorized the Special Committee against Apartheid to organize a World Conference for Action against Apartheid in 1977 in accordance with the proposals in its annual report 46. After extensive consultations, the Special Committee decided on 2 June 1977 that the World Conference would be organized at Lagos from 22 to 26 August 1977, "by the United Nations, in co-operation with the Organization of African Unity and the Federal Republic of Nigeria and in consultation with the South African liberation movements recognized by the Organization of African Unity and the Non-Governmental Organizations Sub-Committee on Decolonization, Racial Discrimination and Apartheid" 47 At the request of the Special Committee, the Secretary-General extended invitations to all States Members of the United Nations and members of specialized agencies, and to a number of intergovernmental organizations to attend the World Conference- In addition, the Special Committee extended invitations to a number of non-governmental organizations and individuals who had co-operated with it in the international campaign against apartheid. 48. The Special Committee formulated the agenda of the Conference as well as guidelines for its work and arranged, in co-operation with the Centre against Apartheid, for the preparation of relevant documentation. -9-

49. The Conference was attended by more than 400 delegates representing 112 States Members of the United Nations and members of specialized agencies; a number of intergovernmental organizations; the liberation movements of South Africa, Namibia and Zimbabwe recognized by OAU, and the Palestine Liberation Organization; a large number of trade unions, anti-apartheid and solidarity movements, and international and national non-governmental organizations; and several prominent personalities Three heads of State and Government addressed the Conference and more than 40 foreign ministers and other cabinet ministers were among the participants 50. The World Conference for Action against Apartheid 3/ proved to be a significant demonstration of international concern over the situation in South Africa and of world commitment to lend effective support to the oppressed people of South Africa, and their national liberation movement, in their struggle to destroy apartheid and enable all the people of the country as a whole to exercise their right of self-determination on the basis of human equality 51. The World Conference adopted, by consensus, the Lagos Declaration on Action against Apartheid 4/ in which it called upon all Governments and peoples of the world to lend their full support to international efforts, under the auspices of the United Nations and in co-operation with the Organization of African Unity and the liberation movements recognized by it, to eliminate apartheid and enable the South African people as a whole to attain their inalienable right to selfdetermination 52 The Commission of the World Conference made a report with proposals for further action, with special reference to the promotion of increased political and material support to the oppressed people of South Africa and their national liberation movement, and the implementation of United Nations resolutions on apartheid. The Conference referred the report to the Special Committee for urgent consideration and action. 53. At its 350th meeting, on 15 September 1977, the Special Committee endorsed in principle the report of the Commission and decided to take note of the proposals of the Commission in formulating its recommendations in the present report 54 The Special Committee also decided to transmit the report of the World Conference to the General Assembly and the Security Council for their attention. 3/ For the report, see A/CONF 91/9 (United Nations publication, Sales No. E.77 XIV.2 and 3; transmitted to the General Assembly and the Security Council under the symbols A/32/317-S/12434. 4/ A/CONF.91/9 (United Nations publication, Sales No. E.77.XIV 2, vol I, sect X. -10-

F Second International Trade Union Conference for Action against Apartheid 55. In resolution 31/6 G, the General Assembly authorized the Special Committee against Apartheid to convene a second International Trade Union Conference for Action against Apartheid. Following consultations by the Special Committee with the Workers' Group of the ILO Governing Body, the Second International Trade Union Conference for Action against Apartheid, was held at Geneva on 10 and 11 June 1977 56. The Conference was attended by nearly 400 delegates representing over 300 international, regional and national trade union federations with about 200 million members Representatives of trade unions of South Africa, Namibia and Zimbabwe also participated at the invitation of the Preparatory Committee The Conference was chaired by Mr Joseph Morris, Chairman of the Workers' Group of the ILO General Conference The Special Committee was represented at the Conference by its Chairman and Vice-Chairman. 57 The Conference unanimously adopted a resolution which constitutes an effective plan of action against apartheid. 58. The Special Committee submitted a special report on the Conference to the General Assembly (A/32/22/Add.l-S/12363/Add.l) G Proposed International Anti-Apartheid Year 59. On 13 May 1977, the Chairman of the Special Committee issued a press statement in connexion with the recommendation of the Economic and Social Council in resolution 2082 B (LXII), adopted on that day, that 1978:be designated the International Anti-Apartheid Year He said: "It is essential that international solidarity with the oppressed people of South Africa must be raised to a higher level. Maximum publicity should be given to the grave situation in South Africa, the heroic and determined struggled of the oppressed people of that country and the noble and righteous,, objectives of their liberation movement so that peoples all over the world will be encouraged to demonstrate their support for the eradication of apartheid and the establishment of a non-racial society " 60. He emphasized the need for co-ordinated action by the United Nations, the specialized agencies and the Organization of African Unity, as well as all Governments, political parties, trade unions, churches and non-governmental organizations He also stressed the importance of effective participation of information media and educational institutions 61. At the 346th meeting, on 1 June, the Special Committee stressed the urgent need for formulating a programme and making immediate preparations for the International Year In accordance with its decision, the Chairman wrote to the Secretary-General requesting him (a) to take the necessary action so that all departments concerned would begin work immediately on formulating plans for action; and (b) to encourage the specialized agencies and other bodies to give the matter urgent consideration. He also wrote letters to all Member States, to South African liberation movements and to non-governmental organizations active in the struggle against apartheid inviting their suggestions -11- 62. At the 450th meeting of the Special Committee, held on 15 September 1977, the Chairman noted that the International Anti-Apartheid Year had been fully endorsed by the World Conference for Action against Apartheid, the Organization of African Unity and many other bodies The Special Committee decided to submit to the General Assembly a special report on the International Anti- Apartheid Year H. Consideration of developments relating to apartheid 63. During the period under review, the Special Committee continued to follow the developments within South Africa and to take action as appropriate within its mandate. On several occasions, the Special Committee drew attention of Governments of Member States, international organizations and the international community in general to the seriousness of the situation in South Africa in order to mobilize world public opinion for an effective action against apartheid. 1. Collaboration with South Africa 64. During the period under review, the Special Committee continued to give particular attention to the military, nuclear, economic and other collaboration with South Africa by Governments and transnational corporations It was mindful that all such collaboration strengthens the apartheid regime, encourages it to step up its repression and terror against the oppressed people of South Africa, as well as its acts of aggression against neighbouring African States, and aggravates the threat to peace in the whole of southern Africa. It also recognized that economic collaboration enables the apartheid regime to strengthen its military and repressive apparatus, so that military and economic collaboration are closely related. The Committee was also conscious of the role of transfer of technology in enabling the apartheid regime to develop production of military supplies and acquire nuclear weapon capability (a) Military and nuclear collaboration with South Africa 65. The Special Committee took every opportunity to expose, publicize and denounce collaboration with the apartheid r~gime in the military and nuclear fields, including the supply of military equipment, spare parts for such equipment, licenses and technical assistance for the manufacture of such equipment, supply of nuclear reactors and fissionable material, transfer of nuclear technology and all forms of co-operation in the military and nuclear fields It constantly pressed for the universal implementation of the resolutions of the General Assembly and the Security Council on this matter, and for the imposition of a mandatory arms embargo on military and nuclear collaboration with South Africa under Chapter VII of the Charter66 At its 335th meeting, on 15 October 1976, the Special Committee neard a statement by Mr Abdul S Minty, Honorary Secretary of the British Anti-Apartheid Movement He recalled that the NATO Codification System for Spares and Equipment had been available to South Africa and that it had been used for the construction of the Advokaat naval communications system based near Simonstown. He informed the Special Committee of various breaches of the arms embargo and of the supply of military equipment to South Africa by some NATO member States Following a decision taken by the Committee on 25 October 1976, the Chairman sent letters to the permanent representatives of the States members of NATO drawing their attention -12- to the statement by Mr Minty and requesting their comments No replies to this letter have been received. 67 On 24 February 1977, the Chairman issued a press statement in connexion with the publication by the South African Defence Headquarters, on 3 February, of an account of military operations in Angola in 1975-1976. 68. The account indicated that after a series of incursions into southern Angola, the South African r6gime had sent an officer to the headquarters of the National Union for the Total Independence of Angola (UNITA), as early as 24 September 1975, to plan operations against the People's Movement for the Liberation of Angola (MPLA) Eighteen instructors and military equipment were sent soon after and the South Africans accompanied UNITA forces in clashes with MPLA forces between Lobito and Nova Lisboa. In mid-October, a squadron of armoured cars and crews were sent to Silva Porto and formed a special combat group. This group participated in attacks on Pereira d'Eca, Rocados, Joao de Almeida, Sa da Bandeira and Mocamedes between 19 and 28 October They then advanced to Benguela and Lobito. South Africa had also sent a senior officer to the headquarters of the National Front for the Liberation of Angola (FNLA). 69. In his statement, the Chairman recalled that the Special Committee had constantly denounced the aggression by the apartheid regime against Angola from September 1975 when it became aware of the South African incursions At that time, a number of Western Powers had feigned ignorance of South African intervention and spread South African propaganda of massive Cuban intervention as an excuse for inaction. 70- He expressed the hope that the recent confessions by the apartheid rgime would help to persuade them about the criminal and aggressive nature of the regime which posed a constant threat to peace. He stressed that effective action must be taken, under Chapter VII of the Charter, to curb this regime which continued to commit acts of aggression against Angola and other neighbouring States and had declared a virtual state of war within South Africa itself 71. The 1977/78 budget introduced in South African Parliament on 30 March 1977 provided $1.9 billion in the appropriation for defence which represented a large increase under this head. In this connexion, the Chairman issued a press statement on 31 March 1977 pointing out that the increase in the military budget reflected, on the one hand, the growth of national resistance against apartheid and, on the other, the determination of the apartheid r~gime to perpetuate racist domination. He stressed that the apartheid regime counted on foreign loans and investments to finance this military expansion. Much of the military budget was for the acquisition of military equipment and supplies from a few Western countries He warned, on behalf of the Special Committee, that any loans to, or investments in, South Africa or military supplies to South Africa would constitute a collusion with the apartheid regime and an act of hostility against the people of South Africa and the people of Namibia, as well as the cause of peace and international co-operation. 72. At the 345th meeting of the Special Committee held on 4 May 1977, the Chairman made a statement concerning the North Atlantic Treaty Organization and South Africa. The Committee then decided that the text of the statement should be transmitted to the permanent representatives of the States members of NATO. 73. At the 346th meeting on 1 June 1977, the Chairman informed the Special Committee that the Prime Minister of Norway had declared at the recent NATO Council -13- meeting in London that the Western world must not allow any doubt to persist about its solidarity with the people of southern Africa in their struggle for majority rule, human dignity and human rights The Chairman noted with satisfaction that similar statements were made by the leaders of Denmark and the Netherlands 74 At the 348th meeting of the Special Committee held on 26 July 1977, the Chairman informed the members that a letter dated 24 June 1977 had been received from the World University Service alleging that Japan was purchasing uranium mined in Namibia and assisting South Africa with nuclear technology. He had sent copies of the letter to the Permanent Representative of Japan to the United Nations inviting his comments and to the President of the United Nations Council for Namibia. In the letter dated 30 September 1977 addressed to the Chairman of the Special Committee, the Permanent Representative of Japan to the United Nations indicated that the Government and business circles of Japan had given serious thought to the question of purchasing uranium from Namibia and the Kansai Electric Power Company of Japan had decided to postpone for some years the taking of delivery of uranium under contract with the Rossing Uranium Company He also denied the exporting to South Africa of nuclear reactors, uranium refinery technology or other goods related to South Africa's nuclear development. 75 At the 349th meeting of the Special Committee, on 10 August 1977, the Chairman announced that he had received from Professor Ronald W. Walters, Director of the Social Science Research Centre of Howard University in the United States, a copy of his testimony before the Sub-Committee on Africa of the Committee on International Relations of the United States House of Representatives The testimony dealt with South African nuclear power development and its political and strategic implications Furthermore, he had received reports from the Lawyers' Committee for Civil Rights under Law, Washington, D.C., that the United States had made plans to ship enriched uranium to South Africa. The Committee requested the Sub-Committee on the Implementation of the United Nations Resolutions and Collaboration with South Africa to examine the material so that the Special Committee might consider it in due course 76. At the same meeting, a number of delegations drew the attention of the Special Committee to a press release of the Soviet official news agency, TASS, on the development of nuclear weapons in South Africa with the assistance of certain NATO countries and Israel. They stressed that this development constituted a serious threat to the safety of the region and increased the nuclear threat to mankind. The Committee decided to issue the TASS statement as a document of the Special Committee (A/AC.115/L.473) (b) Economic collaboration 77 During the past year, the Special Committee closely followed the developments concerning economic collaboration and trade with the racist regime of South Africa and devoted special attention to launching a world-wide campaign against such collaboration. 78. At the 335th meeting, on 15 October 1976, the Chairman drew the attention of the Committee to press reports that Citibank of New York and other leading banks were due to sign an agreement with South Africa for a loan of $300 million. He noted that these transnational financial interests were coming to the rescue of the apartheid regime, just as they had done after the Sharpeville massacre, and stressed -1)4- that the banks which lend their funds to the Vorster regime could in no way escape responsibility for the criminal actions of that r6gime against the African people79 In accordance with the decision taken at that meeting, the Sub- Committee on Implementation of United Nations Resolutions and Collaboration with South Africa prepared a report entitled "Role of recent loans in strengthening the apartheid regime in South Africa" (A/AC.ll5/L.448) 80. In his statement at the 343rd meeting of the Special Comittee, on 18 March 1977, the Chairman noted that in 1976 the inflow of capital into South Africa had totalled R800 million, which almost completely covered the increase in the r6gime's military budget He stated that it was particularly regrettable that the International Monetary Fund had been a principal source of finance for South Africa in 1976. He suggested that the Security Council should take action to stop the collaboration of the Fund, and other intergovernmental agencies, with South Africa. 2. Repression against the opponents of apartheid 81. Brutal massacres and massive repression against all opponents of apartheid in South Africa were under constant review by the Special Committee during the last year The Special Committee did its utmost to mobilize world public opinion for the release of all political prisoners and to seek support for the struggle of the oppressed people of South Africa. The Special Committee held a special meeting on 11 October 1976 to observe the Day of Solidarity with South African Political Prisoners (A/AC.115/SR.334) 82 In connexion with the bannings and house arrests imposed by the Vorster regime against the leaders and organizers of black trade unions in South Africa, the Chairman of the Special Committee issued a press statement on 24 November 1976 condemning the oppression and exploitation of black working people by the racist r~gime and appealing to all Governments and organizations, particularly to trade union organizations, to unequivocally denounce these bannings of trade union leaders and demand the restoration of full trade union rights to all South African workers 83. At its 339th meeting, on 27 December 1976, the Special Committee discussed the extremely grave situation created by the intensified wave of political repression launched by the apartheid regime against all its opponents The Chairman of the Special Committee stated that, frightened by growing internal resistance and escalating external pressure, the South African regime was resorting to increasingly desperate tactics to eliminate all opposition. He said that only organized and widespread international action for the total isolation of the apartheid regime and in support of the oppressed people of South Africa and their liberation movements, could bring an end to that tragic situation. On behalf of the Special Committee he renewed his urgent appeal to all Governments, non- governmental organizations, student groups, trade unions, professional organizations and all other concerned groups and individuals to redouble their efforts to achieve the release of the political prisoners and the eradication of apartheid. Representatives of the two liberation movements of South Africa, the African National Congress of South Africa and the Pan Africanist Congress of Azania, made statements at the meeting reviewing the brutal repression by the South African regime and calling for international action. -15-

84. At the 341st meeting of the Special Committee, on 4 February 1977, the Rapporteur, Mr P. J Rao (India), reported on mass arrests in South Africa and referred to plans announced by the South African r6gime for 52 trials of ANC leaders in various parts of the country He also drew the Committee's attention to the introduction of new legislation in the South African Parliament for war-time powers; the bill would authorize the Government, during a period of domestic disorder, to enforce censorship over all or any description of postal, telegraphic, telephonic or radio matter or communications passing within, into or from the Republic. 85 The Rapporteur said that another law to be enacted soon, according to press reports, would make it impossible for anyone to sue the State or public officials for actions taken "with the intent of suppressing or terminating disorder" He declared that the proposed legislation indicated that the apartheid regime was determined to continue to perpetuate its criminal oppression against the majority of the people 86. On 4 February 1977, the Acting Chairman of the Special Committee, 1r Vladimir N Martynenko (Ukrainian Soviet Socialist Republic), sent a letter to the Secretary-General for transmittal to the Commission on Human Rights, expressing the Special Committee's concern over the unceasing acts of brutality by the apartheid regime in South Africa, and its police forces, especially since the Soweto massacre on 16 June 1976. He noted that, according to information provided by the apartheid regime and the South African press, over 400 black people had been killed by the police since 16 June 1976, and thousands of persons had been injured and several thousand imprisoned. 87 The Acting Chairman expressed concern over the numerous reports of torture of political prisoners, which had come to light in recent trials, and at the death of a number of patriots who had been detained incommunicado at the mercy of the Security Police. 88. He stated that the Special Committee considered it imperative that the United Nations and the international community take speedy action to stop these crimes in South Africa and punish the perpetrators He suggested that the Commission on Human Rights should urgently consider the matter and take steps for a thorough international investigation of all available information concerning the crimes of the apartheid regime and the organizations and individuals responsible for those crimes, with special reference to police brutality against unarmed demonstrators and all opponents of apartheid since the Soweto massacre, and the torture and killing of patriots in prisons and police custody 89- On 1 March 1977, the Chairman of the Special Committee made a statement on this matter at the meeting of the Commission on Human Rights, held at Geneva. 90. He said that the atrocities of the apartheid regime had created an explosive situation in South Africa, and that the international community had an inescapable duty to take urgent and decisive action to stop those atrocities. He requested the Commission on Human Rights to consider instituting an urgent international investigation to uncover and publicize not only the crimes but the identities of all branches of the apartheid regime and of all individuals, police or otherwise, who were responsible. 91. In accordance with the decision of the Special Committee, the Rapporteur of the Special Committee, Mr P J Rao (India), made a statement, on 5 May 1977, at the meeting of the Social Committee of the Economic and Social Council during the discussion of the questions relating to human rights He reviewed, on the basis of available evidence, acts of brutality and torture perpetrated on detainees and prisoners in South Africa and declared that the Special Committee was prepared to co-operate with the Ad Hoc Working Group of Experts on the Commission on Human Rights in an investigation. 92 On 13 May 1977, the Economic and Social Council decided, in resolution 2082 A (LXII), "that the Ad Hoc Working Group of Experts, in conjunction with the Special Committee against Apartheid, should examine the treatment of prisoners in South Africa, Namibia and Zimbabwe, including the deaths of a number of detainees, as well as police brutality against peaceful demonstrations against apartheid in South Africa since the Soweto massacre of 16 June 1976, with a view to submitting a report" 93. The Rapporteur, Mr P J Rao (India), represented the Special Committee at the meetings of the Ad Hoc Working Group of Experts held from 25 to 29 July at Geneva and from 1 to 3 August in London. The Group heard a number of witnesses on the question of treatment of political prisoners in South Africa, Namibia and Zimbabwe It decided to present an interim report on deaths of detainees and police brutality against peaceful demonstrators in South Africa, since the Soweto killings of 16 June 1976, to the World Conference for Action against Apartheid, held at Lagos in August 1977 The Rapporteur assured the Ad Hoc Group of Experts that the Special Committee against Apartheid would bring this interim report to the attention of the General Assembly at its thirty-second session. 94. In connexion with the death in detention of Mr Stephen Biko, Honorary President of the Black People's Convention and an outstanding leader of the black consciousness movement, the Chairman of the Special Committee issued a press statement on 13 September 1977 The Special Committee observed a minute of silence on 15 September, in memory of the late Mr Biko and considered further international action on the question of political prisoners 5/ 3. Assistance to South African student refugees in neighbouring countries 95 At its 338th meeting, on 23 November 1976, the Special Committee granted a hearing to Miss Sikose MJi, a South African student from Soweto who had fled the country in September 1976. She called the attention of the Committee to the seriousness of the situation of hundreds of South African students who had fled to Lesotho, Botswana and Swaziland and emphasized the need for emergency financial and other assistance for the care, subsistence and education of the refugee students The Chairman referred to available information on the exodus of black South African 5/ On 18 October 1977, the Chairman issued a statement in connexion with the trial of Mr Stanley Pule, Mr Morgan Gxekwa and Mr. Isaac Lolwane Malika, members of PAC, under the Terrorism Act In his statement on 19 October 1977, the Chairman condemned the latest arrests of black leaders and banning of organizations and newspapers in South Africa, and renewed his appeal to all Governments for urgent and effective action in accordance with the United Nations Charter- -17- students into neighbouring States because of the manhunt against student leaders in South Africa and the closing down of all the segregated universities for non- whites as well as many high schools Stressing that the international community had an obligation to provide assistance to these refugees, he expressed the hope that Governments, specialized agencies and non-governmental organizations would contribute generously to an emergency assistance to help them. 96 On 30 November 1976, the Chairman met with Mr- Tsietsi Mashinini, a student leader during the Soweto uprising in June 1976 They reviewed in particular the plight of the hundreds of black South African students in Lesotho, Botswana and Swaziland, as well as measures for urgent assistance to those students 97 During his visit to Geneva on 1 March 1977, the Chairman of the Special Committee met with Mr Charles Mace, Deputy United Nations High Commissioner for Refugees (UNHCR) and senior officials of UNHCR to discuss means for urgent assistance to recent refugees from South Africa, including hundreds of black students 4. Bantustans 98. At the 341st meeting, on 4 February 1977, the Rapporteur, Mr. P J Rao (India), referred to press reports that the South African regime planned to declare the so-called independence of the Bophuthatswana "homeland" on 6 December 1977 He said that the absurdity of this independence was demonstrated by the fact that Bophuthatswana would consist of six separate areas with no common boundaries Of its total population of more than 1 7 million, only 36 per cent lived in the territory 99. The Rapporteur recalled that the General Assembly had overwhelmingly condemned the creation of bantustans and had rejected as invalid the independence of the Transkei in 1976. He expressed the hope that it would equally reject this other farce, namely, the bogus independence of Bophuthatswana. 5. Apartheid in sports 100. At the 342nd meeting of the Special Committee, on 7 March 1977, the Chairman informed the members that he had received from the Permanent Representative of New Zealand to the United Nations a copy of a letter dated 4 February 1977 from the Prime Minister of New Zealand addressed to the President of the Supreme Council for Sport in Africa, Mr Abraham Ordia, relating the attitude of the New Zealand Government towards sports contacts with other countries He had also received a letter from the Charge d'affaires a.i of the New Zealand Mission informing him that no visit by a South African squash team was being arranged by the New Zealand sporting body The Committee expressed its appreciation to the Government of New Zealand for its co-operation with the Special Committee and for the action taken by that Government and by sports bodies in New Zealand. 101. At the 343rd meeting, on 18 March 1977, the Rapporteur, Mr- P J Rao (India), drew the attention of the members to recent developments in sports He stated that the so-called new sports policy of the South African regime had proved to be a manoeuvre to deceive world opinion without fulfilling the Olympic principle and to try to get South Africa reinstated in international competitions He noted that, although various white sports bodies had been negotiating for the organization of sports competitions with the participation of sportsmen from different national -18- groups, the policy of maintaining segregation at the provincial and club level still remained. He also said that, despite the efforts made by the racist rggime to establish sports exchanges with other countries, the boycott against the racist regime had made further progress. He noted, however, that the United States Tennis Association had decided to play South Africa in the Davis Cup competition in April despite protests 102 At the suggestion of the Rapporteur, the Special Committee decided to ask the Chairman to enter into consultations with the Permanent Representative of New Zealand to convey the views of the Special Committee and seek clarification on New Zealand's policy on apartheid in sports 103. On 13 April 1977, the Chairman of the Special Committee sent a cable to the Committee to Stop the Davis Cup, which was holding a demonstration on 15 to 17 April in Newport Beach, California, against the Davis Cup Tennis Match between South Africa and the United States He stated that there could be no compromise, whatever the pretext, with violation of the Olympic principle of non- discrimination. Acceptance of racist South African teams was contrary to unanimous United Nations resolutions and was a hostile act against the non-racial South African sports bodies and the oppressed people of South Africa. 104. In connexion with the report that the Hastings City Council (Sussex, United Kingdom) was expected to debate an invitation to two South African cricket teams to play in Hastings in the summer, the Chairman sent a telegram on 1 April 1977 to the Mayor of the Borough Council of Hastings requesting him to draw the attention of the Council to the United Nations General Assembly resolutions calling for the sports boycott of South Africa. 105. Following an invitation to a South African team to participate in the Federation Cup, organized by the International Lawn Tennis Federation (ILTF) in the United Kingdom on 13 June, the Chairman issued a press statement on 10 June 1977 He recalled that the Special Committee had repeatedly drawn the attention of the ILTF to the fact that the participation of South Africanapartheid teams would be a flagrant violation of the Olympic principle of non- discrimination and of resolutions unanimously adopted by the United Nations General Assembly on apartheid in sports But the ILTF, dominated by tennis associations from a few Western countries, has ignored all appeals and proved utterly insensitive to the problem of racism in sport He expressed the hope that all organizations and bodies concerned would take appropriate action to ensure compliance by the ILTF with the Olympic principle and the relevant United Nations resolutions 106. At the 346th meeting of the Special Committee, on 1 June 1977, the Rapporteur reported on recent developments in sports. He referred to the statement made by the Prime Minister of Australia, the Right Honourable Malcolm Fraser, at the inaugural meeting of the.Inter-Parliamentary Union, held in Canberra on 11 April 1977 In his statement, the Prime Minister of Australia condemned the proposition that sport was separate from politics, and said "where sport is practised on a racist basis it is the Government that does so that has introduced politics into sport" The Special Committee commended the statement 107 The Rapporteur also drew the attention of the Special Committee to a press conference held on 25 May 1977 by the newly-formed American Co-ordinating Committee for Equality in Sport and Society (ACCESS), announcing vigorous protest activities against sports exchanges with South Africa. The Committee commended the proposed actions by ACCESS. -19-

I Missions to Governments 108 In accordance with the relevant resolution of the General Assembly, during the period under review, the Special Committee gave great importance to the consultations with the Governments of Member States to promote the international campaign against apartheid. The Special Committee has sent missions for consultations with Governments of the following Member States: Denmark, Finland, Ghana, Ireland, Mozambique, Nigeria, Norway, Sweden and the Union of Soviet Socialist Republics Mission by the Chairman to Dublin 109 At the invitation of the Government of Ireland, the Chairman of the Special Committee visited Dublin on 13 and 14 November 1976 for consultations on the struggle against apartheid (A/AC.115/SR.338) He held discussions with the Minister of Foreign Affairs, Mr Garrett Fitzgerald, and the Minister for Labour, Mr Michael O'Leary During the discussions, the Chairman stressed the seriousness and urgency of the situation in South Africa and called for support by the Irish Government to international efforts in the light of the resolutions adopted by the General Assembly at its thirty-first session, in order to enable the South African people to overthrow racist rule and establish a truly multiracial society The Ministers reaffirmed the commitment of the Government and people of Ireland to the struggle against apartheid and informed the Chairman that their Government was considering an increase in educational assistance to South African blacks Mission by the Chairman to the Nordic countries 110 The Chairman of the Special Committee visited Denmark, Finland, Norway and Sweden from 14 to 23 April 1977, at the invitation of the four Governments, for consultations on international action against apartheid (A/AC.115/SR.345) 111 The primary purpose of the mission was to convey the appreciation of the Special Committee to the Governments and peoples of countries for their valuable political and material support to the international campaign against apartheid and to consult with their leaders on means to promote concrete action in support of the struggle for liberation in South Africa. 112. In Sweden, the Chairman was received by the Foreign Minister, H.E Mrs. Karin Soder The Foreign Minister assured the Chairman that Sweden would continue all appropriate support for liberation in southern Africa. She said that the Swedish political parties supported the proposal for a cessation of investment in South Africa and that dissuasion of such investment had been effective in Sweden She expressed satisfaction at the co-operation between Sweden and the Special Committee 113. The Chairman was also received by H.E. Mr Ola Ullstein, the Minister for International Development and Co-operation of Sweden. He also met with officials of the Ministry of Foreign Affairs for a detailed discussion of all aspects of United Nations actions against apartheid. ll4 In Norway, the Chairman was received by the Prime Minister, H.E. Mr Odvar Nordli, who assured him that the Norwegian Government would continue -20- to support the work of the Special Committee. Mr Nordli said that Norway would continue in all international bodies to support realistic and useful proposals towards freedom in southern Africa. 115. The Chairman had discussions with the Foreign Minister of Norway, H.E. Mr Knut Frydenlund, and officials of the Foreign Ministry, as well as the Foreign Relations Committee of the Parliament, on various aspects of action against apartheid , including actions by the Security Council 116 In Denmark, the Chairman was received by the Foreign Minister, H.E. Mr K. B. Anderson, and by Minister without Portfolio, H.E Mrs Lise Ostergaard. The two Ministers assured the Chairman that the Danish Government would continue to reaffirm its policy against apartheid in international and regional organizations. The Chairman also met senior officials of the Foreign Ministry of Denmark and members of the Foreign Affairs Committee of Folketinget (Parliament) 117 In Finland the Chairman was received by the President, H.E. Mr Urho Kekkonen. President Kekkonen assured the Chairman that Finland would continue to exercise its influence so that the black people in southern Africa would obtain justice The Chairman also met with the Foreign Minister, H.E. Mr. Keijo Korhonen, for a discussion of various aspects of international action against apartheid. He met also with the Vice-Chairman and members of the Committee on Foreign Relations of Parliament 118. During his visit to the Nordic countries, the Chairman informed the Governments of the plans of the Special Committee concerning the organization of the World Conference for Action against Apartheid, to be held at Lagos from 22 to 26 August He extended invitations to the Prime Minister of Norway, the Foreign Ministers of the four countries, the Minister for International Development Co-operation of Sweden, and the Minister without Portfolio of Denmark, and was assured by all the Governments that they recognized the importance of the Conference and would consider sending high-level delegations. Mission to the Union of Soviet Socialist Republics 119 In accordance with the decision of the Special Committee, a delegation of the Special Committee composed of the Chairman and Vice-Chairman undertook a mission to the USSR from 4 to 7 June 1977 (A/AC.115/SR.347) In Moscow, the delegation was received by H.E. Mr Yakov A. Malik, Deputy Minister for Foreign Affairs The Chairman conveyed to him the great appreciation of the Special Committee to the Government and people of the USSR for their constant support to the struggle of the people of South Africa for freedom, and conveyed the Committee's congratulations on the sixtieth anniversary of the great October Revolution The Chairman also acquainted him with the programme of work of the Special Committee and consulted with him on further action against apartheid, including arrangements for the World Conference for Action against Apartheid. 120- Mr. Malik commended the Special Committee for its activities in promoting concerted international action against apartheid in accordance with the relevant resolutions of the General Assembly. He reiterated the firm commitment of the Soviet Union to support the struggle for freedom in southern Africa. -21-

Mission to Mozambigue 121 During the International Conference in support of the peoples of Zimbabwe and Namibia, the Chairman of the Special Committee was received by the President of the Republic of Mozambique, H.E. Mr. Samora Machel (A/AC.ll5/SR.347) The Chairman acquainted him with the work of the Special Committee and conveyed its great appreciation for the contribution of the Government and people of Mozambique to the struggle for liberation in southern Africa. The President commended the work of the Special Committee and assured the Chairman of the full co-operation of the Government of Mozambique Mission to Nigeria 122 On 21 June 1977, the Chairman of the Special Committee called on the head of the Federal Military Government of Nigeria, Lt.-General Olusegun Obasanjo 123. On behalf of the Special Committee, the Chairman expressed gratitude to Nigeria for the offer to act as host to the World Conference for Action against Apartheid, and expressed appreciation for the arrangements being made to ensure the success of the World Conference 124 The Chairman also conveyed the great appreciation of the Special Committee to the Government and people of Nigeria for their consistent and increased support to the struggle of the South African people for liberation 125 The Head of the Federal Military Government stated that it was imperative that African States take on the challenge to the dignity, freedom and independence of the black man in southern Africa Nigeria, he said, had embarked on an inexorable course of stamping out the degradation of the African on the basis of race and colour in southern Africa. 126. He also said that his Government would do its best to make the World Conference a landmark in the struggle to rid Africa for ever of despoliation, slavery, colonialism, foreign exploitation and domination. He added that there could be no new international order without the eradication of those evils from the continent of Africa and the re-establishment of full sovereignty over its national resources 127 During the World Conference, the Head of State received the members of the Special Committee on 25 August 1977, and commended them for their work in support of liberation of South Africa. Mission to Ghana 128 In accordance with the decision of the Special Committee, the Chairman and the two Vice-Chairmen of the Special Committee undertook a mission to Ghana from 29 August to 1 September 1977 The delegation was accompanied by the representatives of ANC and PAC 129 The delegation was received by the Head of State of Ghana, General Ignatius K. Acheampong. He reaffirmed Ghana's full commitment to help the liberation struggle in southern Africa. The delegation had the opportunity to hold detailed discussions with the Acting Commissioner for Foreign Affairs, H.E Major- General R E. A. Kotei, and the Commissioner for Information, on further -22- action for the eradication of apartheid in the light of the Declaration and conclusions of the World Conference for Action against Apartheid. J Co-operation of the Special Committee with other organizations engaged in the struggle against apartheid 130 In its resolution 31/6 G, the General Assembly authorized the Special Committee to send missions to the headquarters of specialized agencies and other intergovernmental and non-governmental organizations, as well as trade union confederations, for consultations to promote the international campaign against apartheid and to take appropriate steps to promote closer co-operation with the movement of non-aligned countries, the Organization of African Unity and other appropriate intergovernmental organizations. 131 In pursuance of the provisions of the General Assembly resolutions, the Special Committee continued in the past year to maintain close co-operation at various levels with the specialized agencies and other organizations in the United Nations system, the Organization of African Unity and other intergovernmental organizations with a view to promoting concerted international action for the eradication of apartheid 132 Conscious of the great importance of informing world public opinion of the situation in South Africa and encouraging it to take action in support of the United Nations resolutions, the Special Committee gave special attention to contact and co-operation with trade unions, anti-apartheid movements and other non- governmental organizations. 1 Other United Nations organs 133 At the invitation of the Chairman of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples and the President of the Council for Namibia, a delegation of the Special Committee against Apartheid, composed of the Chairman and Mr Guenter Mauersberger (German Democratic Republic), participated in the International Conference in Support of the Peoples of Zimbabwe and Namibia, held at Maputo from 16 to 21 May. The Chairman of the Special Committee spoke on the opening day of the Conference The Conference recognized that the South African apartheid regime has been the bastion of racism and colonialism in southern Africa and the main opponent of the efforts of the United Nations and the international community to promote self-determination and independence in southern Africa. 2 Specialized agencies and other organizations within the United Nations system 134. During his visit to Geneva on 28 February, the Chairman of the Special Committee met with the Director-General of ILO and expressed appreciation to him for the assistance by the ILO secretariat in the organization of the proposed second International Trade Union Conference for Action against Apartheid. He also commended the Director-General for his reports and statements against apartheid and -23- violations of trade union rights in South Africa. He expressed the hope that ILO would continue to denounce constantly all actions of the apartheid r~gime against black workers and trade unions and would promote appropriate action by the international community. The Director-General reaffirmed the full commitment of ILO against apartheid and outlined the actions being taken by ILO to assist the liberation movements in southern Africa. 135 The same day the Chairman addressed a meeting of the Workers' Group of the Governing Body of ILO and commended the trade union movement for its recent actions in support of the struggle for liberation in South Africa. He expressed confidence that the week of the Trade Union Protest against Apartheid in January would be followed by even wider campaigns until "apartheid slavery" was abolished. 136. Mr Joseph Morris, Chairman of the Workers' Group, assured the Chairman that the members of the Group recognized that the singular problem in South Africa could not be equated with violations of the human rights of individuals in other countries Unless the trade union movement fought apartheid, he said, it would be less able to act on other violations of human rights. 137 The Workers' Group then decided, on his proposal, to hold a second International Trade Union Conference for Action against Apartheid at Geneva on 10 and 11 June. 138 On 1 March 1977, the Chairman of the Special Committee met with the DirectorGeneral of the World Health Organization (WHO) for consultations on action against apartheid, and highly commended WHO for its co-operation with the Special Committee 139 On 24 March 1977, WHO published a report on "Apartheid and Mental Health Care" On the same day, the Chairman of the Special Committee issued a press statement commending WHO for this important study. He noted that the study revealed not merely gross discrimination against the African people in mental health care, but the callousness and inhumanity of the apartheid rggime which refuses to treat the African people as human beings 140 The Chairman of the Special Committee visited UNESCO headquarters on 9 and 10 May for consultation with the Director-General, Mr. Amadou Mahtar M'Bow 141. The Chairman conveyed to the Director-General the great appreciation of the Special Committee for the activities of UNESCO against apartheid and for UNESCO's co-operation with the Special Committee He said that the Special Committee attached great importance to the role of UNESCO in the struggle against apartheid and looked forward to ever-increasing co-operation, especially in the observance of the International Anti-Apartheid Year in 1978 142 The Director-General assured the Chairman of UNESCO's full co-operation. He acquainted the Chairman with the studies undertaken by UNESCO on apartheid, its assistance to liberation movements and other relevant activities. He informed the Chairman of his intention to strengthen co-operation by UNESCO with the Special Committee and the Centre against Apartheid -24-

3. Organization of African Unity 143. In accordance with the relevant United Nations resolutions, the Special Committee continued to maintain close contact and co-operation with OAU, which has been represented at its meetings by an observer 144. On 15 October 1976, the Chairman of the Special Committee had consultations with Mr William Eteki Mboumoua, the Administrative Secretary- General of OAU, who welcomed the close co-operation which had been established between OAU and the Special Committee with regard to the international struggle against apartheid. The Chairman and the Administrative Secretary-General agreed on various specific measures for concerted action. 145 Sir Seewoosagur Ramgoolam, Prime Minister of Mauritius, the current Chairman of OAU, sent a message to the solemn meeting organized by the Special Committee on the International Day for the Elimination of Racial Discrimination, on 21 March 1977 The Executive Secretary of OAU attended that meeting and made a statement 146. At the invitation of OAU, the Chairman of the Special Committee participated in the session of the OAU Co-ordinating Committee for the Liberation of Africa, held from 25 January to 5 February 1977 at Lusaka and at the seminars of the Council of Ministers and the Assembly of Heads of State and Government, held at Libreville from 23 June to 5 July 1977 147 The Chairman made a statement in the Council of Ministers drawing attention to a number of matters of concern to the Special Committee and stressed the importance of close collaboration between the Special Committee and OAU 148. The OAU was associated with the organization of the World Conference against A2artheid and participated in the secretariat of the World Conference 4- South African liberation movements 149 During the period under review, the Special Committee has taken further steps to associate the two South African liberation movements - the African National Congress of South Africa and the Pan Africanist Congress of Azania - more closely with its work. Representatives of the two liberation movements were invited to participate in and to address special meetings of the Special Committee in observance of the Day of Solidarity with South African Political Prisoners held on 11 October 1977 and of the International Day for the Elimination of Racial Discrimination held on 19 March 1977 and the meeting of the Special Committee in connexion with the observance of the International Day of Solidarity with the Struggling People of South Africa. 150. The representative of ANC and PAC participated in the World Conference for Action against Apartheid organized by the Special Committee against Apartheid from 22 to 26 August 1977 at Lagos 151. Representatives of ANC and PAC accompanied the delegation of the Special Committee which visited Ghana from 29 August to 1 September 1977 152. On the occasion of the South Africa Freedom Day, on 26 June 1977, H.E. Mr Vladimir Martynenko, Acting Chairman of the Special Committee, sent a message of greetings to ANC -25- 153. The Special Committee also consulted with the liberation movements on a number of occasions on various aspects of its work. 5- Non-governmental organizations Missions by the Chairman 154 During a mission to Dublin, Geneva and London, from 13 to 17 November 1976, to consult with various organizations on the implementation of the Programme of Action against Apartheid adopted by the General Assembly on 9 November 1976, the Chairman of the Special Committee emphasized the seriousness and urgency of the situation in South Africa and the need for public action by all freedom-loving organizations, including trade unions, churches, anti- apartheid movements and other non-governmental organizations He laid special stress on the need for a mandatory arms embargo against South Africa. 155- In Dublin, the Chairman had discussions with Mr Kadar Asmal, then ViceChairman, and other leading members of the Irish Anti-Apartheid Movement, as well as leaders of a number of trade unions, and student and other organizations The Irish Anti-Apartheid Movement informed the Chairman of its wide-ranging activities and announced full support for the Programme of Action against Apartheid. 156 During his visit to Geneva, the Chairman met with Dr Baldwin Sjollema, director of the Programme to Combat Racism of the World Council of Churches, and exchanged views on the means to promote the implementation of the Programme of Action. 157 In London, the Chairman addressed a special meeting in a House of Commons Committee Room on the Programme of Action against Apartheid and the programme of work of the Special Committee. At that meeting, chaired by Mr Robert Hughes, Member of Parliament and Chairman of the Anti-Apartheid Movement, the Anti-Apartheid Movement declared its support to the Programme of Action. The Chairman also had discussions with Mr Abdul S. Minty, Honorary Secretary of the British Anti-Apartheid Movement; Mr Jeremy Thorpe, Member of Parliament and Liberal Party spokesman on foreign affairs and Chairman of the United Nations Association of Great Britain and Northern Ireland, and a number of leaders of non-governmental organizations. 158. The Chairman undertook another mission to Geneva and London from 28 February to 5 March 1977 In Geneva, he held consultations with trade union leaders, and with the representatives of the World Peace Council, the Women's International League for Peace and Freedom, the World University Service, the World Student Christian Movement, and other non-governmental organizations 159 In London, he met with representatives of liberation movements and a number of British organizations in order to inform them of the Special Committee's activities and to consult with them on means to expand the international campaign against apartheid. He also had a meeting with the Reverend Canon L. John Collins, President of the International Defence and Aid Fund for Southern Africa, to discuss assistance to political prisoners and their families in South Africa. 160. The National Union of Students of the United Kingdom gave the Chairman a letter detailing its activities in support of the liberation struggle in South -26-

Africa and offered the Special Committee its full co-operation in developing international student solidarity with students fighting against apartheid in South Africa. He received from Counter Information Services, London, a pamphlet, entitled "Black South Africa Explodes", which reviewed events that had occurred since the Soweto massacre and contained information on the involvement of foreign Governments and companies in supplying weapons of repression to the South African regime 161 The Chairman also held consultations with the South African Non-Racial Olympic Committee (SANROC) regarding recent developments concerning the sports boycott, and with the Africa Bureau on South African propaganda. 162. During his mission to Denmark, Finland, Norway and Sweden, from 14 to 23 April 1977, the Chairman of the Special Committee met with the leaders of political parties, trade unions, churches and non-governmental organizations active in campaigning against apartheid and consulted with them on ways and means of promoting effective action against apartheid and implementing the programme of action against apartheid. 163. In Stockholm, the Chairman met the representative of the African National Congress of South Africa (ANC), the South West Africa People's Organization (SWAPO), trade unions and support groups engaged in promoting political and material support to the liberation movements, and other non-governmental organizations concerned with South Africa. 164. In Oslo, the Chairman met with the representatives of 20 Norwegian non- governmental organizations. He had discussions with the International Solidarity Committee of the Norwegian Labour Movement consisting of the Labour Party, the Labour Party's Youth Organization, and the trade unions He also met with leaders of the Norwegian Co-operative Movement 165 In Copenhagen, he addressed a meeting attended by a number of non- governmental organizations active in opposition to apartheid. 166. During the visit to Moscow from 4 to 7 June 1977, the delegation of the Special Committee held a meeting with the Vice-President and other officials of the Soviet Afro-Asian Solidarity Committee. The Chairman discussed with them the programme of work of the Special Committee and was assured of their continued full co-operation. The delegation also visited the Africa Institute of the Academy of Sciences of the Union of Soviet Socialist Republics and held discussions with its director and other scientists 167 During his participation in the International Conference in Support of Peoples of Zimbabwe and Namibia, held at Maputo from 16 to 21 May 1977, and the Second International Trade Union Conference for Action against Apartheid, held at Geneva on 10 and 11 June 1977, the Chairman met many leaders of the non- governmental organizations, anti-apartheid movements and trade unions to consult on actions against apartheid and to encourage their active participation in the World Conference for Action against Apartheid. 168. On 12 July 1977, the Chairman of the Special Committee participated in the meeting of the Non-governmental Organization Sub-Committee on Decolonization, Racial Discrimination and Apartheid, held at Geneva. During his stay in Geneva, the Chairman also met a delegation of the World Peace Council, the Director of the -27-

International University Exchange Fund, the General Secretary of the World Council of Churches and representatives of a number of non-governmental organizations active in the struggle against apartheid. 169- During its visit to Accra from 29 August to 1 September 1977, the delegation of the Special Committee had discussions with the executive of the Ghana National Committee on Apartheid and its Chairman, Mr David Acquah, and attended a meeting with the Ghana Trade Union Congress and its anti- apartheid committee Consultations with the Organization of African Trade Union Unity 170. On 3 December 1976, the Chairman of the Special Committee met with Mr J D Akumu, Secretary-General of the Organization of African Trade Union Unity (OATUU) They reviewed the progress made in trade union action against apartheid and discussed future actions of trade unions to assist the oppressed people of South Africa. 171 During its visit to Accra, from 29 August to 1 September 1977, the delegation of the Special Committee also met with Mr Denis J D Akumu and other leaders of OATUU, and signed a joint statement on co-operation in action against apartheid. Presentation of an award to the Special Committee 172. At its 327th meeting, on 8 September 1976, the Special Committee was informed that the Afro-Asian People's Solidarity Organization (AAPSO) decided to award the Special Committee the medal of its highest distinction in appreciation of the work of the Special Committee in the struggle for the eradication of apartheid. The Special Committee decided to accept the award with gratitude At a special meeting of the Special Committee, on 15 October 1976, the award was presented to the Chairman of the Special Committee by a delegation of AAPSO, led by Mr Vassos Lyssarides, its Vice-Chairman Consultations with the delegation of the World Peace Council and the delegation of the World Conference to End the Arms Race, for Disarmament and D~tente 173. At its 337th meeting, on 11 November 1976, the Special Committee met with the delegation of the World Peace Council and the delegation of the World Conference to End the Arms Race, for Disarmament and Detente. Statements were made by Mrs Jeanne Martin Ciss6, member of the delegation of the World Conference, Mr Romesh Chandra, Secretary-General of the World Peace Council, and other members of the two delegations Mr Chandra announced the whole- hearted support of the World Peace Council and the World Conference for the Programme of Action against Apartheid adopted by the General Assembly and their undertaking to implement that Programme by every possible means Week of protest against South Africa 174- On 17 January 1977, the Chairman of the Special Committee issued a press statement commending the initiative of the International Confederation of Free Trade Unions (ICFTU), supported by other international trade union confederations, to set aside the week beginning 17 January 1977 for concerted trade union action in protest against the South African apartheid r6gime The Committee decided s--se ertl to publicize the results of the trade union action. -28-

K. Representation at national and international conferences 175 During the period under review, the Special Committee participated in and followed closely the work of a number of national and international conferences dealing with the problems of racial discrimination and apartheid. 176 At the invitation of the World Peace Council, Mr Abraham Doukour6 (Guinea) represented the Special Committee at the World Conference on Development which was convened by the World Peace Council from 8 to 11 October 1976 in Budapest with the participation of representatives of non- governmental organizations, political parties, women and youth organizations from almost a hundred countries 177 Mr Hashi Sheikh Mussa (Somalia) represented the Special Committee at the Regional Seminar for Africa, organized by the Revolutionary Union of Guinean Women and the Women's International Democratic Federation in Conakry from 6 to 9 February 1977 The Seminar was attended by representatives from 37 countries, as well as by representatives of a number of non-governmental organizations and liberation movements in southern Africa It adopted a declaration which included a special appeal for increased moral and material assistance to the liberation movements 178. The Special Committee was represented by Mr Olayinka Sonayon Fisher (Nigeria) at the second session of the Commission of Enquiry convened by the Mouvement contre le Racisme, l'Antisemitisme et pour la Paix (MRAP), which was held in Paris on 29 January 1977 The session was attended by representatives of the liberation movements of southern Africa, non-governmental organizations, trade unions and student organizations. 179- Mr Abraham Doukoure (Guinea) represented the Special Committee at the fifth session of the Presidium of the Afro-Asian People's Solidarity Organization (AAPSO), held at Cotonou from 26 to 28 March 1977 The participants included more than 50 delegates representing 26 national organizations affiliated with AAPSO, as well as representatives of liberation movements of southern Africa and a number of non-governmental organizations The first item on the agenda was international solidarity with the peoples of Africa against imperialism, colonialism, neo-colonialism, racism and apartheid. 180. At the invitation of the World Peace Council and the International Preparatory Committee, a delegation of the Special Committee - composed of H.E. Mr Abdirizak Haji Hussein, the Permanent Representative of Somalia to the United Nations and Mr Ernesto Pinto-Bazurco of Peru - participated in the World Assembly of Builders of Peace, held at Warsaw from 6 to 11 May 1977 The World Assembly was attended by representatives from 125 countries and more than 50 international organizations The participants of the World Assembly gave special attention to the situation in South Africa and the policies of apartheid practised by the Pretoria r6gime- The Chairman of the Special Committee sent a message to the World Assembly 181. At the invitation of the Soviet Afro-Asian Solidarity Committee and the Academy of Sciences of the USSR, Mr. Mohan Prasad Lohani (Nepal) represented the Special Committee at the International Scientific Conference on "The Great October Socialist Revolution and the National Liberation Movement of the Peoples of Asia, Africa and Latin America", held at Baku, USSR, from 24 to 28 May 1977 The Conference was attended by over 100 representatives from 70 countries and a -29- number of international organizations The Conference unanimously supported the liberation struggle in South Africa. 182. H.E. Mr Vladimir N. Martynenko, Vice-Chairman of the Special Committee and Mr P J Rao, Rapporteur, represented the Special Committee at the World Conference against Apartheid, Racism and Colonialism in Southern Africa, held at Lisbon from 16 to 19 June 1977 More than 300 delegates from 70 countries and 12 international organizations participated in this Conference The Conference adopted a General Declaration, a Programme of Action and a number of resolutions 183. At the invitation of the Quebec Council for Peace, Montreal, Mr Abraham Doukoure (Guinea) represented the Special Committee at the meeting of the non- governmental organizations, held on 2 October 1977 at Montreal The purpose of the meeting, which was attended by the representatives of a number of non- governmental organizations, had been to disseminate information about the World Conference for Action against Apartheid, held from 22 to 26 August 1977 at Lagos. L. International Convention on the Suppression and Punishment of the Crime of Apartheid 184. The Special Committee continued its efforts to promote ratification of accession to the International Convention on the Suppression and Punishment of the Crime of Apartheid, which came into force on 18 July 1976. 185 As at 30 September 1977, the Convention had been signed and ratified or acceded to by the following countries: State Algeria Argentina Benin Bulgaria Byelorussian Soviet Socialist Republic Chad Czechoslovakia Cuba Democratic Yemen Ecuador Egypt German Democratic Republic Guinea Guyana Hungary India Iraq Jamaica Jordan Kenya Kuwait Date of signature 23 January 1974 6 June 1975 7 October 1974 27 June 1974 4 March 1974 23 October 1974 29 August 1975 31 July 1974 12 March 1975 2 May 1974 1 March 1974 26 April 1974 July 1975 March 1976 June 1974 October 1974 Date of ratification or accession 30 December 1974 18 July 1974 2 December 1975 23 October 1974 25 March 1976 1 February 1977 a/ 12 May 1975 13 June 1977 12 August 1974 3 March 1975 30 September 1977 a/ 20 June 1974 22 September 1977 a/ 9 July 1975 18 February 1977 23 February 1977 aj a/ Accession. -30-

Date of State signature Date of ratification or accession Liberia Libyan Arab Jamahiriya Madagascar Mali Mongolia Nepal Nigeria Oman Panama Philippines Poland Qatar Romani a Rwanda Senegal Somalia Sudan Syrian Arab Republic Trinidad and Tobago Tunisia Uganda Ukrainian Soviet Socialist Republic Union of Soviet Socialist Republics United Arab Emirates United Republic of Cameroon Yugoslavia Upper Volta United Republic of Tanzania 17 May 1974 26 June 1974 3 April 1974 7 May 1976 2 May 1974 7 June 1974 18 March 1975 6 September 1974 15 October 1974 2 August 1974 10 October 1974 17 January 1974 7 April 1975 1 March 1975 20 February 1974 12 February 1974 9 September 1975 17 October 1974 3 February 1976 November 1976 a! July 1976 a/ May 1977 a/ August 1977 a/ August 1975 July 1977 a/ March 1977 16 March 1977 15 March 1976 19 March 1975 11 February 1977 a/ 28 January 1975 21 March 1977 18 June 1976 21 January 1977 a/ 10 November 1975 26 November 1975 15 October 1975 1 November 1976 a/ 1 July 1975 11 June 1976 a/ M. Trust Fund for Publicity against Apartheid 186. The Trust Fund was established by the Secretary-General in January 1975, in response to General Assembly resolution 3151 C (XXVIII) of 14 December 1973, which authorized him to invite States and organizations to make voluntary contributions to be used for the expansion of the activities of the Unit, in consultation with the Special Committee against Apartheid. The Assembly provided in its resolution that the contributions be used in particular for: (a) The production of the publications in languages other than the official languages of the United Nations; (b) Grants to appropriate non-governmental organizations and institutions for the reprinting and redissemination of United Nations information material on apartheid and for the production of audio-visual material on apartheid. -31-

187 The Special Committee has actively promoted contributions to the Trust Fund. As at 30 September 1977, contributions and pledges totalling $198,103 had been received from 31 Member States. N Work of the Sub-Committee on Petitions and Information 188. The Sub-Committee held several meetings during the period under review and considered a number of communications in connexion with the policies of apartheid of the South Africa r6gime, as well as requests for hearings at the meetings of the Special Committee, and submitted recommendations to the Special Committee0. Work of the Sub-Committee on the Implementation of United Nations Resolutions and Collaboration with South Africa 189. The Sub-Committee continued to follow the developments concerning the implementation of United Nations resolutions and the collaboration by States and foreign economic interests with South Africa in the political, military, economic and other fields in the light of the relevant provisions of the General Assembly resolutions and the decisions of the Special Committee 190. The Sub-Committee prepared and submitted to the Special Committee reports concerning: (a) the economic situation in South Africa; (b) investment by Barclays Bank in South African defence bonds; (c) Shell and BP in South Africaand (d) collaboration by a number of multinational companies with the South African regime in manufacturing arms and military equipment -32-

II. CONCLUSIONS AND RECOMMENDATIONS 191 The past year was a momentous period in the long struggle of the South African people against racist domination and saw a new stage in international solidarity with the national liberation movement of South Africa 192 The militant nation-wide resistance against apartheid in the wake of the Soweto massacre of 16 June 1976 encompassed larger segments of the oppressed people than ever before and reflected the total solidarity of all the black people in the struggle for liberation. Demonstrations of black students against flagrant discrimination in education developed into a mass movement against all aspects of apartheid with thousands of men and women of all walks of life joining the young protestors. The events have proved that the national liberation movement, far from being deterred by the savage repression unleashed in successive waves since 1963, has gained new strength and confidence The post-Soweto developments reveal a new determination on the part of the long oppressed people to liberate themselves from the indignities and exploitation to which they are subjected. 193 The apartheid regime has resorted to indiscriminate killings of peaceful demonstrators, arbitrary arrests of all opponents of apartheid and torture of political detainees These measures, however, have failed to suppress resistance or intimidate the black people, who have started resorting to armed resistance as the only means of liquidating the apartheid r~gime 194 The intransigence and brutality of the apartheid regime, and the heroic resistance of the oppressed people, have led to growing isolation of the apartheid regime and increasing support to the national liberation movement 195 The accession of Angola and Mozambique to independence and the advance of the liberation struggle in Zimbabwe and in Namibia have deprived the apartheid regime of secure buffers and provided the national liberation movement with dependable and effective allies. The defeat of the South African invasion force in Angola in 1975-1976 and the growing national upsurge in South Africa have unnerved foreign economic interests collaborating with the aartheid regime in defiance of United Nations resolutions 196 Some Western Powers, whose collaboration has encouraged and enabled the apartheid r6gime to proceed with its criminal policy, are facing growing condemnation in the international community, as well as increasing demands for retaliatory measures aimed at forcing them to choose between their interests in apartheid South Africa and their larger and faster growing interests in the rest of Africa. Though they have stubbornly continued to resist effective action against the apartheid regime, while trying to salvage it by so-called "reforms" or "peaceful solutions", they have become apprehensive of the possibility of growing isolation 197 The Organization of African Unity, the non-aligned movement and most of the international community have recognized the situation in South Africa, and in southern Africa as a whole, as a matter of the utmost priority -33-

198. The oppressed people of South Africa and, indeed, all the South Africans who seek a new order based on the principle of human equality, are now assured of increasing support not only from the Afro-Asian and other non-aligned States and the socialist States, but also from a growing number of Western and other States, and from anti-apartheid and solidarity movements 199 This support has been manifested in a number of events during the past year such as the international trade union week of protest against apartheid in January 1977, the International Conference in Support of the Peoples of Zimbabwe and Namibia (Maputo, 16-21 May), the second International Trade Union Conference for Action against Apartheid (Geneva, 10-11 June), the World Conference on Apartheid, Racial Discrimination and Colonialism in Southern Africa (Lisbon, 16-19 June), the decisions of the Commonwealth Heads of Government Meeting in June relating to southern Africa; and concrete actions taken by many Governments and organizations to isolate the apartheid regime and support the national liberation movement. 200- The World Conference for Action against Apartheid, held at Lagos from 22 to 26 August 1977, provided the opportunity for Governments and organizations to demonstrate the overwhelming support of the international community to the freedom struggle in South Africa and to undertake a solemn commitment to support the national liberation movement 201 As the World Conference recognized in paragraph 33 of the Lagos Declaration for Action against Apartheid, the liberation of southern Africa, now on the agenda of humanity, has tremendous historic significance "The liberation of southern Africa as a whole from colonial and racist rule will be the final step in the emancipation of the continent of Africa from centuries of domination and humiliation It will be a major contribution to the elimination of racism and racial discrimination in the world, and to the strengthening of international peace and security " 202. Faced with growing international isolation and mounting upsurge inside the country, the apartheid regime has resorted to savage repression that surpasses its own record. In its determination to maintain racist domination, it has intensified its propaganda aimed at projecting the universally condemned apartheid system as the only means for the survival of the white minority It has virtually declared that it would stop short of nothing in its policy of internal repression and external aggression It has enormously expanded its military and police forces and is frantically attempting to acquire nuclear weapon capability in the vain hope of intimidating opponents of apartheid. It is accelerating its plans for fragmenting the country under the bantustan policy, as part of its plans for depriving the indigenous people of their inalienable rights in the country as a whole and in order to set up the bantustans as hostages against international action 203 Ignoring all appeals and advice from some of its erstwhile friends abroad and saner elements in the white population, the regime seems bent on Precipitating a disaster of enormous proportions The course it has adopted poses a grave danger to the oppressed people of South Africa in respect of whom the United Nations has proclaimed it has a special responsibility It also poses a grave threat to the neighbouring independent African States and to international peace As long as the apartheid r~gime remains in power, there can be no secure peace in southern Africa. -34-

204 It is imperative that the international community take firm and urgent measures in defence of freedom and peace Acting in support of the national liberation movement of South Africa, it must secure the total eradication of apartheid and the punishment of the perpetrators of that crime 205. The United Nations, in particular, has a crucial role to play in this task, in accordance with its purposes and principles It must take all necessary measures towards the full implementation of the Programme of Action against Apartheid, adopted by the General Assembly in resolution 31/6 of 9 November 1976, as reinforced by the Lagos Declaration for Action against Apartheid, and taking into account the proposals formulated by the Commission of the Lagos Conference 206 The Special Committee submits the recommendations set forth below for the consideration of the General Assembly and the Security Council, in order to promote such concrete action A. Solemn commitment to international action 207 The Special Committee recommends that the United Nations must recognize that the struggle for the eradication of apartheid and the liberation of the South African people from racist domination has reached its final and decisive stage It must make a solemn commitment, on behalf of the international community, to provide all necessary moral, political and material assistance to the oppressed people and their national liberation movement to ensure the triumph of freedom and human dignity 208 The United Nations must, in this context, warn the apartheid regime against the continuation of its crimes and call upon it to end repression forthwith, release political prisoners and detainees and enable the genuine leaders of the people to establish a non-racial society guaranteeing human rights and fundamental freedoms to all the people of that country, irrespective of race, colour or creed. 209 It must call upon the white minority in South Africa to abandon its vain hopes for continued racist domination and seek its future in such a non-racial society 210 It must assure the oppressed people of South Africa of its full solidarity and support in their legitimate struggle for liberation from racist tyranny 211 It must call upon all agencies and institutions associated with the United Nations, as well as all other intergovernmental organizations concerned, to lend their full co-operation to the international campaign against apartheid. 212 It must invite all trade unions, churches, anti-apartheid and solidarity movements and other non-governmental organizations and institutions, as well as the public in general, to make their maximum contribution to this campaign at this crucial stage 213 It must decide to devote greater resources to the struggle against apartheid, and invite all Governments and organizations to reinforce its efforts 214. The Special Committee recommends that, in this spirit of commitment to action, the General Assembly and the Security Council should fully endorse the Lagos Declaration for Action against Apartheid and commend it to all Governments and organizations -35-

B. Recognition of the right of the oppressed people to resort to armed struggle 215 The Special Committee recalls that for a quarter of a century, since the black people of South Africa launched the "Campaign of Defiance of Unjust Laws", the United Nations has been concerned with averting tension and race conflict resulting from the policy of apartheid, by promoting a just and lasting solution based on the principles of the United Nations Charter 216 The Special Committee itself, for several years since its inception in 1963, constantly stressed the growing danger of conflict in South Africa and recommended action under Chapter VII of the Charter as the only effective peaceful means for a solution that would avert the threat to peace resulting from apartheid 217 The South African regime has consistently spurned all appeals and demands, and resorted to brutal repression of the black people and all opponents of apartheid. It embarked on a massive military expansion, and relied on force to suppress popular resistance It enacted a series of laws to prevent lawful and peaceful action by the oppressed people for the abolition of apartheid and the attainment of a non-racial society 218 As a result, the oppressed people of South Africa and their liberation movements, which have pioneered non-violent struggle for many decades at great sacrifice, have felt obliged to abandon their strict adherence to non-violence and to prepare for an armed struggle as the indispensable means for liberation The responsibility for this development rests entirely with the apartheid regime and those States which have frustrated effective action under Chapter VII of the Charter 219 The General Assembly has repeatedly recognized the legitimacy of the struggle of the oppressed people of South Africa by all available means of their choice 220 In resolution 31/6 I, the General Assembly recognized that "the consistent defiance by the racist regime of South Africa of United Nations resolutions on apartheid and the continued brutal repression, including indiscriminate mass killings by that regime leave no alternative to the oppressed people of South Africa but to resort to armed struggle to achieve their legitimate rights" 221. In view of the developments during the past year, the Special Committee considers that the General Assembly should reaffirm recognition and respect for the inalienable right of the South African people and their national liberation movement to resort to all available means of their choice to secure their freedom, including armed struggle, for the seizure of power from the apartheid regime so that the people of South Africa as a whole can exercise their right to selfdetermination 222 In this connexion, it notes that, at the World Conference for Action against Apartheid, the President of the Republic of Zambia and a number of participants called specifically for the recognition of the right of the South African people to resort to armed struggle for the eradication of apartheid. The report of the Commission of that Conference, which has been endorsed in principle by the Special Committee, recommended that "the international community should intensify efforts at providing all forms of moral and material assistance to the national liberation movement in order to enable it to carry out armed struggle within South Africa" -36-

223 The Special Committee recalls that the national liberation movement of South Africa has for many years waged a historic struggle for freedom by non-violent means. As the apartheid regime grew increasingly brutal and violent with the connivance and support of its allies and friends, it was obliged to resort to armed struggle Energetic international action to isolate the apartheid regime and provide all necessary support and assistance to the national liberation movement remains imperative in order to enable it to achieve liberation with the least suffering for the oppressed people of South Africa. In that sense, international action against apartheid remains a major contribution to peace C Cessation of collaboration with the apartheid regime 1 Military collaboration 224 The enormous military build-up of South Africa since 1960 - when the South African regime decided to expand its armed might to resist the process of decolonization on the African continent - has been an index of the growing crisis in southern Africa and the aggressiveness of the apartheid r6gime against the people of South Africa and against independent African States. The present efforts of the apartheid r~gime to acquire nuclear weapon capability have greatly enhanced the threat to peace in the whole region 225 The South African military budget grew from 44 million rand in 1960/61 to 122 million rand in 1963/64 when the Security Council recommended an arms embargo against South Africa, to 1,350 million rand in 1976/77 and 1,650 million rand in 1977/78 226 The arms embargo restricted the choice of military equipment which the apartheid regime could acquire, but has not prevented that regime from building up a massive military arsenal A few major arms-exporting countries of the West, taking cover under the "voluntary" nature of the arms embargo, allowed the apartheid regime to obtain military aircraft, submarines, corvettes, missiles and other equipment They enabled it to procure sophisticated equipment to build a major naval communications centre at Silvermine and their military establishments are reported to have established liaison with that centre 227 These few Western countries and several transnational corporations have, moreover, assisted the apartheid regime to develop local manufacture of arms and ammunition, armoured vehicles, military aircraft and other equipment by the transfer of licences, technical assistance and capital 228. Despite repeated appeals by the Special Committee and the General Assembly, a few countries - especially France, the United Kingdom and the United States of America, which bear special responsibility for the maintenance of peace as permanent members of the Security Council - have prevented the adoption of a mandatory arms embargo against South Africa and the widening of the scope of the embargo to cover all military co-operation with the apartheid regime and all assistance to it in its military build-up 229- Their attitudes have encouraged and enabled the Government of Israel to supply military equipment to the apartheid regime and establish an "unholy alliance" with that regime, thereby filling the gap left by the Lisbon-Salisbury- Pretoria axis which was shattered by the heroic liberation struggles of the African peoples under Portuguese domination 230 The Special Committee notes that in the past year, the Government of France has announced its decision to cease further supply of military equipment to South Africa. It points out with distress that this decision, which has come after many years of violation of United Nations resolutions, does not cover existing contracts for sale of military equipment or licences for its local manufacture 231 The Special Committee again emphasizes the urgent need for a comprehensive and mandatory embargo against all military supplies to and military co-operation with the South African regime, including the supply of spare parts for military equipment, licences for its manufacture and training of South African military personnel. 232 The Special Committee also notes that the South African regime, having built up local manufacture with foreign assistance, is now seeking to export some military equipment It calls for a total prohibition of all purchases of such equipment from South Africa. 233 The Special Committee notes with satisfaction that an overwhelming majority of Member States - including a number of Western countries - now support a mandatory arms embargo against South Africa. It hoped that the few States which resist the imposition of such an embargo - particularly France, the United Kingdom and the United States of America - will pay heed to world opinion and co-operate in bringing about effective action Otherwise they would bear even greater responsibility for the most blatant violation of human rights by the apartheid rggime, its indiscriminate and brutal use of violence against unarmed black people and for its acts of aggression against independent African States 234 The Special Committee recommends that the General Assembly urgently call upon all Member States to exert all their influence to persuade those few Powers to discharge their minimum obligations to the cause of peace 235 The Special Committee expresses its gravest anxiety over the efforts of the apartheid regime to obtain nuclear weapon capability 236 It has warned for many years against co-operation by Governments, companies and institutions of several States with the South African regime in the nuclear field by the provision of training, exchange of information, supply of reactors and other equipment, and sale of enriched uranium. 237 It has drawn special attention to the agreement by France to sell nuclear reactors to South Africa, to the supply of enriched uranium by the United States of America, and to reports concerning collaboration by the Federal Republic of Germany with the apartheid regime in nuclear development While the Government of the Federal Republic of Germany has denied co-operation at the governmental level, it has not taken action to prevent co-operation with South Africa by corporations and institutions in the Federal Republic 238. The apartheid r~gime is now proceeding with plans for the large-scale manufacture of enriched uranium. Authoritative reports of its intention to test a nuclear weapon have caused alarm and led to protests by many States, including even some of those that have facilitated the regime's plans in disregard of appeals by the United Nations 239 The Special Committee considers that the development or acquisition of nuclear weapons by the apartheid regime, which has shown scant regard for human life and has repeatedly committed acts of aggression against African States, would constitute a grave menace to international peace and security It calls urgently for mandatory measures by the Security Council to avert this danger 240 In connexion with military and nuclear collaboration, the Special Committee draws the attention of the General Assembly and the Security Council to the Lagos Declaration on Action against Apartheid which stated: 6/ "24 The Conference calls upon all States for the cessation of any assistance or co-operation enabling South Africa to obtain nuclear capability It further calls upon all States to prevent companies or institutions within their jurisdiction from any nuclear co-operation with South Africa. "25 The Conference solemnly calls upon all States to cease forthwith all sales and supplies of arms and military equipment, spare parts and components thereof; to withdraw all licenses for the manufacture of arms and military equipment in South Africa and to refrain from any assistance to the South African r6gime in its military build-up or any military co-operation with that regime It further recommends the setting up of a watchdog committee to follow up the observance of the arms embargo. "26. It calls upon the United Nations Security Council to take all necessary measures, under Chapter VII of the Charter, to ensure the full implementation of the arms embargo against South Africa." 241 It also draws attention to the report of the Commission of the World Conference for Action against Apartheid which stated: 7/ "15 The Commission urges all States: (a) To prohibit within their jurisdiction any recruitment of, and advertising for, mercenaries or other military experts for service in or with the South African armed forces and police or security forces and to consider the service-by any of their citizens in such a role as a crime to be severely punished, (b) To prohibit transit and issue of identity documents, training or dispatch to mercenaries to fight against the oppressed peoples or against those which have already obtained their independence; (c) To grant immediate political asylum to bona fide war resisters and deserters from the apartheid armed forces; 6/ A/CONF.91/9 (United Nations publication, Sales No. E 77.XIV.2), vol I, sect. X. 7/ Ibid., vol. II, sect VII -39-

(d) To terminate henceforth any co-operation with, and training of, intelligence and police agents, communications and cryptographic personnel of the apartheid regime, and to expel immediately such personnel as may be in their country "The Commission further calls upon Interpol to cease all links with the South African regime "17 The Commission also urges the United Nations Special Committee against Apartheid and the Centre against Apartheid to set up machinery to investigate the South African nuclear potential and military strength, as well as its links with organizations and individuals such as NATO or its staff, and to determine how South Africa obtained its military and nuclear technological know-how "18. The Commission urgently appeals to all States, intergovernmental and non-governmental organizations, liberation movements, anti-apartheid movements, trade unions, women's organizations and other organizations and individuals to organize without delay a strong and extensive international campaign to prevent the South African regime from carrying through its plan to become a nuclear Power It also calls upon them to adopt effective measures against States, companies, institutions or individuals which collaborate with the racist r6gime in its plans for nuclear development " 242. While commending the above proposals for urgent action by the General Assembly and the Security Council, the Special Committee wishes to emphasize the urgent need to collect and publicize all available information on military and nuclear collaboration with the apartheid regime, and to encourage public campaigns against such collaboration The Special Committee has taken a number of measures in this respect, and has welcomed the decision of the British Anti-Apartheid Movement to launch an international campaign against such collaboration 243. The Special Committee proposes that it should be authorized: (a) To consult with experts and hold hearings on military and nuclear collaboration with South Africa; (b) To encourage and promote non-governmental conferences and campaigns on this matter against such collaboration 2. Economic collaboration 244 The Special Committee has time and again called for an end to economic collaboration with South Africa, as such collaboration helps to strengthen the apartheid regime and encourages it to persist in its criminal policies It also enables it to devote increasing resources to military purposes and for strengthening its repressive apparatus 245 It recalls that 15 years ago, the General Assembly, in resolution 1761 (XVII) of 6 November 1962, requested all Member States to boycott all South African goods and refrain from exporting goods to South Africa; to close their ports to all vessels flying the South African flag; and to refuse landing and passage facilities to all aircraft belonging to the South African Government and companies registered in South Africa. -4o-

246 As early as 1965, the General Assembly recognized - in resolution 2054 A (XX) of 15 December 1965 - that universally applied economic sanctions are the only means of achieving a peaceful solution in South Africa and drew the attention of the Security Council that action under Chapter VII was essential for 'that purpose In subsequent resolutions, the General Assembly made a number of specific requests and recommendations to all States Special reference may be made in this connexion to the cessation of new investments in, or loans to, South Africa; the imposition of an oil embargo against South Africa; and the denial of facilities to all airlines providing services to South Africa 247 The Special Committee has noted with the gravest concern that several countries, especially the main trading partners of South Africa, have greatly increased their trade with, and investments in, South Africa in utter disregard of United Nations resolutions. 248. The petroleum companies greatly increased their investments in South Africa and have played a nefarious role in facilitating the supply of petroleum products to the illegal racist minority r6gime in Southern Rhodesia in violation of mandatory sanctions instituted by the Security Council 249 Several countries granted facilities to South African Airways and foreign airlines have increased their services to South Africa. 250 The General Assembly adopted a separate resolution on "economic collaboration with South Africa" at its thirty-first session (resolution 31/6 H) in which it proclaimed that "any collaboration with the racist regime of South Africa constitutes a contemptuous defiance of the United Nations and the international community", and called upon Member States still engaged in economic collaboration and trade with that regime to implement the relevant General Assembly resolutions 251 Further in resolution 31/6 K, adopted by an overwhelming majority, the General Assembly urged the Security Council to consider steps to achieve the cessation of further foreign investments in South Africa. 252 The Special Committee notes that the South African regime has recently faced increasing difficulties in raising loans abroad, particularly because of the advance of the struggle for liberation in South Africa and in southern Africa as a whole A number of financial institutions, including the International Monetary Fund, have, however, continued to provide loans Moreover, a number of multinational companies have continued to proceed with plans for expansion of their investments in South Africa. 253 The Special Committee considers it imperative that effective and urgent action be taken to end all economic collaboration with South Africa. 254 In this connexion, the Special Committee highly commends the declaration of the Head of State of Nigeria, at the World Conference for Action against Apartheid, that Nigeria had prohibited all foreign contractors who are known to have links or connexions with South Africa from taking part in any tenders for construction work in Nigeria It invites all other Governments which are committed to the liberation of South Africa to consider similar action against all corporations which continue to collaborate with the South African regime in defiance of United Nations resolutions. It intends, in consultation with OAU and in co-operation with the Centre against Apartheid, to publicize information on collaboration by transnational corporations with South Africa. 255 The Special Committee also notes with satisfaction the decision of the Nordic countries to take measures for the cessation of further investments in South Africa. 256 It commends the activities of all organizations which are engaged in campaigns against banks and corporations providing loans and investments to South Africa. It draws special attention to the resolution of the Second International Trade Union Conference against Apartheid calling for economic measures against South Africa. 257 The Special Committee attaches particular importance to an effective oil embargo against South Africa. It recommends that the General Assembly should request all States to take necessary measures toward that end, and in particular: (a) That it invite petroleum-exporting countries and the Organization of Petroleum Exporting Countries to take effective measures to prevent exportation of petroleum and petroleum products to South Africa, (b) That it invite other States concerned to prevent companies registered in their countries from transporting petroleum and petroleum products to South Africa, and from investing in the petroleum industry of that country 258. It further recommends that the General Assembly should specially authorize the Special Committee to study the matter thoroughly and promote the oil embargo, and invite all Governments and organizations to extend their co- operation to the Committee in this task. 259 The Special Committee has undertaken a study of means to secure the denial of facilities to all airlines having scheduled flights to and from South Africa It has consulted on this matter with OAU and the Organization of African Trade Union Unity and has been assured of its co-operation 260 The Special Committee recommends that the General Assembly should invite all Governments and organizations to take action towards the termination of airline services to and from South Africa, and to co-operate with the Special Committee in its efforts towards that end. 261 It recommends that the Security Council should take urgent action against new investments in South Africa, as requested in General Assembly resolution 31/6 K referred to above 262 Finally, the Special Committee draws attention to the Lagos Declaration on Action against Apartheid, which stated: 8/ "27 The Conference recognizes the urgent need for economic, and other measures, universally applied, to secure the elimination of apartheid. It commends all Governments which have taken such measures in accordance with 8/ Ibid., vol I, sect. X.

United Nations resolutions It calls upon the United Nations and all Governments, as well as economic interests, including transnational corporations, urgently to consider such measures, including the cessation of loans to, and investments in, South Africa It requests the Special Committee against Apartheid, in co-operation with the Organization of African Unity and all other appropriate organizations, to promote the implementation of the above recommendations." 263. The Commission of the World Conference for Action against Apartheid stated: 9/ " 1 The Commission clearly recognizes that, as the present crisis in South Africa deepens, any form of political, economic and other relations with South Africa directly contributes to the survival of the apartheid regime and must thus be seen as abetting the crime of apartheid. A number of Western countries have continued to flout United Nations resolutions on apartheid, Major such offenders are the United Kingdom of Great Britain and Northern Ireland, the United States of America, the Federal Republic of Germany, France, Israel and Japan. Even some United Nations agencies, such as the International Monetary Fund, continue to provide membership privileges and much needed assistance to the apartheid regime Such collaboration must be stopped once and for all through the adoption of effective mandatory measures under Chapter VII of the Charter "The Commission calls for an international campaign to persuade the United Nations Security Council to impose mandatory sanctions against the South African regime, under Chapter VII of the Charter, in order to terminate all economic, trade and financial relations with the racist r'gime "The Commission calls upon Member States to take action against banks, oil companies and other corporations and transnationals which persist in economic collaboration with South Africa. "There is an urgent and immediate need to establish, in co-operation with the Organization of African Unity, lists of foreign companies, banks and other institutions operating in South Africa in order to facilitate measures against these companies by Governments, intergovernmental and non-governmental organizations and concerned individuals " 264 The Special Committee commends these recommendations to the attention of the General Assembly and the Security Council, as well as all Governments and organizations 3. Cultural, educational, sporting and other collaboration with South Africa 265 While emphasizing the primary importance of effective action against military, nuclear and economic collaboration with the South African regime, the Special Committee considers that campaigns against collaboration in cultural, educational, sporting and other fields should be vigorously continued in order to demonstrate the universal abhorrence of apartheid. 9/ Ibid., vol. II, sect VII. -43-

266 The Special Committee notes with satisfaction the progress made in the past years in the boycott of South African sports teams, selected under the policy of apartheid. It recommends further efforts towards a total boycott of such teams, and attaches great importance in this connexion to the work of the Ad Hoc Committee on an International Convention against Apartheid in Sport 267 The Special Committee takes note of the relevant recommendations of the Commission of the World Conference for Action against ATartheid. 10/ 4 Action against bantustans 268. The Special Committee notes that the apartheid regime is continuing to proceed with its criminal policy of bantustans despite unanimous condemnation by the international community It intends to grant sham independence to Bophuthatswana on 6 December 1977 and is proceeding with plans to establish another bantustan in Vendaland. 269 The Special Committee draws attention to the fact that these moves not only involve enormous hardship for the African people, but also have serious repercussions on the independent African States on their borders They are part of a diabolical plot to divide the black people, consolidate racist domination in the country and threaten the security of the African people segregated into unviable enclaves. 270 The Committee notes with satisfaction that the so-called independence of the Transkei has been rejected by the international community Some transnational corporations, however, are investing in the Transkei and in other areas to be granted so-called "independence" Officials of the so-called State of Transkei have been granted visas by some Governments to enable them to travel abroad. 271 The Special Committee recommends that the General Assembly reiterate its resolution 31/6 A on the "so-called independence of the Transkei and other bantustans", call for full implementation of its provisions by all Governments, and denounce the threats by the apartheid regime against neighbouring States which refuse to recognize the bantustans. 10/ "The Commission urges all Governments to end participation of national sporting teams and individual athletes in sporting activities with countries, teams and individuals which maintain sporting contacts with South Africa. "It also calls upon the United Nations as a matter of urgency to proceed with the International Convention against Apartheid in Sports and urges that such a Convention contain the principle of action against those who collaborate with apartheid in sport. "It calls upon the United Nations Educational, Scientific and Cultural Organization to become increasingly involved in the educational aspects of the campaign against apartheid in sport by the promotion and distribution of visual materials, literature and documentary films "It calls upon the United Nations and the Organization of African Unity to convene a meeting of all concerned States, sports bodies and anti-apartheid movements, to draw up a detailed strategy aimed at forcing South Africa's expulsion from all international and regional sports organizations "It calls upon all sports organizations to withdraw from the Davis Cup and Federation Cup Tennis Championship unless the International Tennis Federation excludes the racist regime from membership " -44-

D. Assistance to the oppressed people of South Africa and their national liberation movement 272 The Special Committee considers it essential that, at this crucial stage of the struggle for liberation in South Africa, the international community should reaffirm its commitment to provide all necessary assistance to the oppressed people of South Africa and their national liberation movement in their legitimate struggle for the eradication of apartheid, the exercise by all the people of the country of their inalienable right to self-determination, and the establishment of a non-racial society 273. The struggle of the oppressed people of South Africa is an important contribution to the efforts of the international community to build a new world order based on the principles of the United Nations Charter and the Universal Declaration of Human Rights The triumph of their long and heroic struggle would herald a new era in international relations by completing the emancipation of the African continent and bringing nearer the end of racism and racial discrimination all over the world. Their struggle is, therefore, of vital concern to all Governments and peoples 274 In resolution 3411 B and C (XXX) of 28 November 1975, the General Assembly recognized the contribution of the liberation movements and other opponents of apartheid in South Africa to the purposes of the United Nations; proclaimed that the United Nations and the international community have a special responsibility towards the oppressed people of South Africa and their liberation movements; and reiterated its determination to devote increasing attention and all necessary resources to concert international efforts, in close co-operation with OAU, for the speedy eradication of apartheid in South Africa and the liberation of the South African people 275 The Special Committee considers that the provision of humanitarian, educational, political and other assistance to the oppressed people of South Africa and their national liberation movement is an essential element in the discharge of the special responsibility solemnly assumed by the United Nations and the international community 276. Apartheid has affected all aspects of life in South Africa and has caused enormous suffering. The liberation movements have had to resist and fight against it on a wide range of fronts Assistance by the international community must also be multifaceted. 277 There is need for humanitarian assistance to refugees from South Africa; legal assistance to those persecuted under repressive laws and assistance to their dependants; educational and training facilities for the black people who are deprived of opportunities, especially to political refugees and to all students expelled from educational institutions for opposition to apartheid; assistance to the students, workers and others in South Africa who seek to organize and struggle against injustice. Above all, there is an urgent need for increased assistance to the liberation movements recognized by 0AU to enable them to care for the refugees; to make the world aware of the situation in their country; to inform the South African people of the progress of the struggle and of international solidarity; and to organize and wage the struggle for liberation by all appropriate means, including armed struggle- -45-

278. In the discharge of its mandate, the Special Committee has strongly supported and promoted the United Nations funds for assistance to South Africans, namely, the United Nations Trust Fund for South Africa and the United Nations Educational and Training Programme for Southern Africa, administered by the Centre against Apartheid. It has also supported the funds and programmes of the Organization of African Unity, the United Nations Development Programme, the United Nations High Commissioner for Refugees and other intergovernmental agencies It has encouraged contributions to the International Defence and Aid Fund for Southern Africa, the International University Exchange Fund and other non-governmental agencies providing assistance to South Africans While commending the work of these agencies and programmes, it has stressed the need for increased direct contributions to the liberation movements recognized by OAU, and encouraged such contributions 279 The Special Committee notes with satisfaction the increase in contributions by Governments and organizations to assist the oppressed people of South Africa and their liberation movements The needs, however, have greatly increased in the meantime because of the massive repression in South Africa and the new stage of the struggle for liberation. 280 The Special Committee recalls that, in its special report on assistance provided by Governments and non-governmental organizations to the oppressed people of South Africa and their liberation movements, submitted to the General Assembly at its twenty-ninth session, it had noted the "great inadequacy of contributions for the political and other needs of the liberation movements such as maintenance of their offices abroad, support for politically active refugees, information, attendance at conferences and support of the struggle inside South Africa" i_/ 281. The Special Committee recommended to the General Assembly 12/ at its thirtyfirst session that consideration be given to the establishment of a joint United Nations-OAU fund, financed by voluntary contributions from Member States and other donors, to assist the South African liberation movements recognized by OAU: "(a) To maintain offices at the Headquarters of the United Nations and the OAU; "(b) To send representatives to participate in international conferences concerned with apartheid in South Africa; "(c) To send representatives on missions to capitals of Member States; "(d) To prepare broadcasts to South Africa; "(e) To expand publicity on the legitimate struggle of the South African people for the exercise of their right of self-determination." 282. In resolution 31/6 I of 9 November 1976, -bhe General kssem16ly appealed to all States and organizations "to provide all assistance required by the oppressed ll/ Official Records of the General Assembly, Twenty-ninth Session, Supplement No. 22A (A/9622/Add.1), part three, para. 4912/ Ibid., Thirty-first Session, Supplement No. 22 (A/31/22), para. 264. people of South Africa and their national liberation movements during their legitimate struggle in the light of the recommendations of the Special Committee against Apartheid' It also authorized the Special Committee to take all appropriate steps to promote such assistance, including the establishment of a joint United Nations/OAU fund financed by voluntary contributions, and to assist the African National Congress of South Africa and the Pan Africanist Congress of Azania to maintain offices at United Nations Headquarters 283. The Special Committee notes with satisfaction that in the past year there has been some progress in assistance to South African liberation movements The non-aligned and socialist States, as well as solidarity movements, have continued to make substantial contributions through OAU or bilaterally The Committee has been informed of an increase in assistance by the Government of Sweden, and the initiation of assistance by the Netherlands and Norway A number of Arab States pledged substantial contributions to the African national liberation movements at the Arab-African summit conference in March 1977 A Southern Africa Relief Fund was launched in Nigeria, and received great public response. Public collections for assistance to liberation movements were also initiated in Liberia. The Special Committee considers that such public collections should be encouraged in other countries The Special Committee also noted with appreciation the pact of solidarity signed by the municipality of Reggio Emilia, Italy, with the African National Congress of South Africa, and welcomed such pacts as an appropriate means for political and material assistance to liberation movements 284 The Special Committee considers it essential that a renewed appeal should be addressed to all States and organizations for all forms of assistance, commensurate with the present needs, to the oppressed people of South Africa and the South African liberation movements recognized by OAU. It suggests that a special appeal be made to Governments which have failed to contribute or have not contributed commensurate with their capacities. 285 The Special Committee intends to make renewed efforts to encourage contributions to the two South African liberation movements recognized by OAU to enable them to maintain offices at United Nations Headquarters, so that they can participate more effectively in the work of- the Committee, and to send representatives to international conferences concerned with apartheid. It hopes that Governments and organizations will make generous contributions for that purpose 286. Finally, the Special Committee emphasizes the need for greater co-ordination in facilitating adequate assistance to meet the varied needs in the light of the present situation in South Africa. The Committee has so far discharged its mandate in this respect by public appeals to Governments and organizations, and by consultations with Governments, specialized agencies and other institutions. It feels that in view of the great increase in needs and the multiplicity of channels of assistance, it is essential that the Special Committee and the Centre against Apartheid maintain closest liaison with the agencies concerned, in order to ensure maximum co-ordination and effectiveness of assistance. 287 To this end, the Special Committee recommends that it be authorized to send a representative to meetings of the Governing Council of the United Nations Development Programme and the Executive Committee of the United Nations High Commissioner for Refugees when they consider assistance to South Africans.

E. Implementation of the International Convention on the Suppression and Punishment of the Crime of Apartheid 288. The Special Committee notes with satisfaction that a number of States have ratified or acceded to the International Convention on the Suppression and Punishment of the Crime of Apartheid in the past year, and that the Commission on Human Rights has taken initial steps towards the implementation of that Convention. 289. The Committee notes, however, that only 37 States have so far become parties to the Convention. It considers that after the events following the Soweto massacre, and the repeated acts of aggression by the apartheid regime, there need be little doubt on the part of any State that apartheid is an international crime which must be suppressed and punished. It, therefore, urges other States to become a party to the Convention as soon as possible 290. The Special Committee attaches great importance to the implementation of the provisions of the Convention, and will consider means to identify the persons who bear international responsibility for the crime of apartheid as defined in the Convention. It recommends that the General Assembly should invite all Governments, organizations and individuals to provide relevant information. 291. The Special Committee has been gravely concerned over the past year with the series of deaths of political detainees in South Africa and the overwhelming evidence of brutal torture to which all such detainees had been subjected. It drew the attention of the Commission on Human Rights to the situation, co-operated with the Ad Hoc Working Group of Experts of that Commission in an investigation, and brought the special report of that Working Group (A/32/226) to the attention of the World Conference for Action against Apartheid and the General Assembly. 292. The Special Committee considers that the detention, torture and killing of persons, because of their opposition to apartheid and participation in the legitimate struggle for the eradication of that evil, is a serious international crime and that the perpetrators deserve severe punishment F Political prisoners in South Africa 293. The Special Committee recalls that the General Assembly has repeatedly and unanimously emphasized that an end to repression and an unconditional release of political prisoners and restrictees are essential prerequisites for any peaceful solution to the situation in South Africa. It has condemned the South African Government for its ruthless repression and for the ill-treatment and torture of political prisoners and detainess It has underlined its concern for the political prisoners and other victims of repression by proclaiming, in resolution 3411 C (XXX) a special responsibility of the United Nations and the international community toward them, and by designating in resolution 31/6 C, 11 October as the Day of Solidarity with South African Political Prisoners 294. But during the past year, the apartheid regime has further intensified its brutal repression against the black people and all opponents of apartheid. It has sentenced peaceful demonstrators against apartheid, including many African school children, to long terms of imprisonment and floggings It has resorted to savage torture of political detainees resulting in the death of a number of respected leaders of the people. -48-

295. The Special Committee wishes to emphasize again that the political prionlic"s and restrictees in South Africa are the leaders of the great majority of the population and fighters for the principles enshrined in the United Nations Charter and the Universal Declaration of Human Rights The international community must take energetic action to ensure their safety and secure their unconditional release 296 The Special Committee notes that the World Conference for Action against Apartheid pledged the total support of all participants to continue and intensify their campaign for the immediate and unconditional release of all political prisoners and detainees, and to all efforts to end arbitrary arrests, detentions and political trials in South Africa. It draws attention to and endorses the following conclusions of the Commission of the World Conference: 13/ "29. The Commission urges the United Nations and all Member States to take all possible steps to ensure that members of the liberation movements recognized by the Organization of African Unity who are captured as guerrilla fighters by the apartheid rggime are accorded prisoner-of-war status and treatment in terms of Protocol 1 of April 1977 of the 1949 Geneva Convention and that visits of inspection can be made by international humanitarian organizations to all combatants detained in the course of the liberation struggle and to civilians detained on suspicion of aiding guerrillas "30. The Commission expresses its alarm at the current trials taking place in South Africa under the Terrorism Act and therefore urges the United Nations, Member States, intergovernmental and non-governmental organizations and all other groups and individuals concerned to mount co-ordinated and extensive international campaigns for the halting of all political trials and the release of the 'Pretoria Twelve' and all others on trial or in detention awaiting trial. Such international campaigns should highlight the torture and murder of detainees "31. The Commission endorses the efforts of the International Committee of the Red Cross to be granted access for its representatives to visit political detainees "32. The Commission calls upon the United Nations and all Member States to seek ways to provide intensified legal and material assistance to political prisoners and their families. "33. The Commission also urges that States Members of the United Nations, intergovernmental and non-governmental organizations and all other groups and individuals concerned mount a co-ordinated and extensive international campaign for the unconditional release of the leaders of the national liberation movements and all other political prisoners in South Africa and that national committees, where they do not exist, should be established to organize this campaign. "34. The Commission urges that incidents involving indiscriminate shooting, torture and killings of opponents of apartheid be investigated by competent United Nations bodies, such as the Ad Hoc Working Group of Experts of the Commission on Human Rights, which should, in co-operation with the Special Committee against Apartheid, promptly bring the findings to the notice of the General Assembly and of the Security Council." 13/ A/CONF 91/9 (United Nations publication, Sales No. E.77 XIV.2), vol II, sect VII. -49-

G. Dissemination of information against apartheid 297 The Special Committee has constantly emphasized the importance of the widest dissemination of information against apartheid as a complement to political action. It has stressed the need for such information activity by the United Nations and related agencies as a means to counteract the nefarious propaganda by the apartheid regime and its supporters, to make world public opinion aware of the struggle of the oppressed people of South Africa and the efforts of the United Nations, and to encourage public action in accordance with relevant United Nations resolutions 298. The Special Committee has commended the Centre against Apartheid for its efforts, in consultation with the Special Committee and in co-operation with the Office of Public Information, to expand United Nations information activity against apartheid. It has stressed the need for co-ordinated efforts by all agencies within the United Nations system and submitted a special report to the General Assembly at its thirty-first session on information activity against apartheid by the United Nations and the specialized agencies (A/31/22/Add.3) 299- The Special Committee notes with appreciation the voluntary contributions made by a number of Governments to the Trust Fund for Publicity against Apartheid established to reinforce the United Nations efforts It notes with satisfaction that several Governments and non-governmental organizations have co-operated with the Centre against Apartheid in ensuring wider dissemination of information against apartheid. 14/ 300. It also acknowledges the effective contribution by several specialized agencies of the United Nations, notably UNESCO, ILO, WHO and FAO, to the international campaign against apartheid. The Special Committee considers that the information activity should be greatly expanded in connexion with the International AntiApartheid Year and in the light of the present stage of the struggle for liberation in South Africa. It suggests that the Centre against Apartheid should intensify its co-operation with Governments and non-governmental organizations committed to the liberation of South Africa and give special attention to the production of audio-visual material. 301. The Special Committee also emphasizes the importance of dissemination of information inside South Africa and considers it essential that the United Nations should provide programmes and lend all other appropriate assistance to African national radio broadcasting stations which broadcast programmes to southern Africa. 302. The Special Committee recommends that the General Assembly should: (a) Provide adequate resources to the Centre against Apartheid for translation, production and distribution of its publications in various languages and for the promotion of the international campaign against apartheid; 14/ The Governments of the German Democratic Republic, India and the Philippines have brought out publications in co-operation with the Centre The following non-governmental organizations have co-operated with the Centre: World Peace Council, Helsinki; Afro-Asian Peoples' Solidarity Organization, Cairo; International University Exchange Fund, Geneva; Anti-Apartheid Movement, London; American Committee on Africa, New York; Liberazione e Sviluppo, Rome; Conseil Quebecois de la Paix, Montreal; and the Nigerian National Committee for the Dissemination of Information on Apartheid, Lagos. -50-

(b) Appeal to all Governments to contribute generously to the Trust Fund for Publicity against Apartheid to be utilized particularly for production of audiovisual material and for assistance to appropriate non-governmental organizations for dissemination of United Nations information material against apartheid; (c) Request the Centre against Apartheid and the Office of Public Information to lend all appropriate assistance to African radio stations broadcasting to South Africa; (d) Invite all Governments and organizations to co-operate with the Centre against Apartheid in the widest dissemination of information; (e) Encourage all specialized agencies to lend their full co-operation to the Special Committee and the Centre against Apartheid towards co-ordinated efforts for the widest dissemination of information against apartheid H. International Anti-Apartheid Year 303. The Special Committee considers that the effective observance of the International Anti-Apartheid Year in 1978 can contribute significantly to promoting concerted international action for the eradication of apartheid and the triumph of freedom in South Africa. 304. It has submitted a special report to the General Assembly on the International Anti-Apartheid Year with recommendations for a programme for the Year It trusts that all Governments, specialized agencies of the United Nations and other intergovernmental organizations, non-governmental organizations, educational institutions and information media will co-operate fully in the observance of the Year, I. Programme of Work of the Special Committee 305. The Special Committee recalls that it lad originally been established in pursuance of resolution 1761 (XVII), adopted by the General Assembly on 6 November 1962, "to keep the racial policies of the Government of South Africa under review when the Assembly is not in session" In resolution 1978 A (XVIII) of 6 December 1963, the Assembly requested the Committee "to follow constantly" the various aspects of the policies of apartheid of the Government of South Africa and "to submit reports to the General Assembly and the Security Council whenever necessary" 306. Subsequently, in resolution 2671 A (XXV) of 8 December 1970, the Assembly requested the Special Committee "constantly to review all aspects of the policies of apartheid in South Africa and its international repercussions, including: "(a) Legislative, administrative and other racially discriminating measures in South Africa and their effects; "(b) Repression of opponents of apartheid; -51-

"(c) Efforts by the Government of South Africa to extend its inhuman policies of apartheid beyond the borders of South Africa; "(d) Ways and means of promoting concerted international action to secure the elimination of apartheid." 307 The General Assembly drew the attention of all United Nations organs concerned to this decision, so that undue duplication of efforts might be avoided. 308. In resolutions adopted since that time, the General Assembly has entrusted many additional tasks to the Special Committee, particularly with regard to the promotion of international action for the eradication of apartheid, assistance to the oppressed people of South Africa and their national liberation movement, and dissemination of information against apartheid. 309 The Special Committee considers that, in the light of all the decisions of the General Assembly and the present needs, the Special Committee would need to become even more action-oriented and: (a) Constantly to review all aspects of the situation in South Africa and its international repercussions; (b) Follow and publicize all developments concerning military, economic, political and other collaboration with the apartheid regime; (c) Take all appropriate action to promote the implementation of the "Programme of Action against Apartheid" (adopted by the General Assembly in resolution 31/6 J of 9 November 1976), the Lagos Declaration for Action against Apartheid and relevant resolutions of the General Assembly and the Security Council; (d) Promote all appropriate political and material assistance to the oppressed people of South Africa and their national liberation movement, in their legitimate struggle for the eradication of apartheid and the establishment of a non-racial society; (e) Ensure the widest dissemination of information against apartheid and encourage public action in support of the United Nations resolutions; (f) Promote maximum co-ordination of international action against apartheid. 310. The Special Committee is conscious that the Lagos Declaration for Action against Apartheid, the designation of 1978 as the International Anti-Apartheid Year and the recommendations in the present report require greater activity by the Special Committee in 1978 311 The Committee recommends that adequate budgetary provision should be made for: (a) Missions to a number of countries, including the main trading partners of South Africa, for consultations with Governments and organizations on further action against apartheid, and to promote the effective observance of the International Anti-Apartheid Year; -52-

(b) Missions to specialized agencies of the United Nations and the Organization of African Unity; (c) Missions to the headquarters of non-governmental organizations active in opposition to apartheid; (d) Attendance at conferences concerned with apartheid; (e) Invitations to representatives of South African liberation movements and other organizations, as well as experts on apartheid, for consultations on various aspects of apartheid and on action against apartheid. 312 The Special Committee attaches great importance to promoting action by trade unions, churches, students and youth and other groups against collaboration with the apartheid regime and in support of the national liberation movement of South Africa. 313. It has made special efforts to encourage trade union action and helped to organize the Second International Trade Union Conference against Apartheid. It suggests that the recommendations contained in its special report on this Conference be endorsed by the General Assembly 314. It considers that greater efforts should be made to encourage more concerted action by students and youth against apartheid. Towards this end, it recommends that the Special Committee should be authorized, in co-operation with international and national organizations concerned, to promote and assist in organization of regional student and youth conferences against apartheid in 1978 315 It further suggests that it be authorized to encourage, as soon as possible, the organizations of a conference of leaders of churches and religious organizations which are active against apartheid. 316 The Special Committee has in the past years sent representatives to a number of conferences concerned with apartheid, racism and colonialism in southern Africa. These conferences have provided an opportunity for acquainting Governments and organizations with the situation in South Africa and the concern of the United Nations, and for consultations on concerted action for the eradication of apartheid. 317 The Special Committee considers that it should effectively participate in a number of intergovernmental and non-governmental conferences during the International Anti-Apartheid Year, in order to promote the implementation of the programme for the Year J Strengthening of Secretariat services for the Special Committee and action against apartheid 318 The Special Committee wishes to emphasize again the importance of adequate Secretariat services for the effectiveness of the Special Committee, and of the United Nations as a whole, in promoting international action against apartheid. It considers that the Secretariat should be requested and enabled to make maximum contribution to the campaign against apartheid as a matter of vital concern to the United Nations -53-

319- Since the General Assembly decided in 1966 to launch an international campaign against apartheid, under the auspices of the United Nations, the Special Committee has been charged increasingly with the promoting of international action and public campaigns The assistance of the Secretariat has been required not only for committee servicing and research, but also with regard to the organization of missions, conferences and campaigns, promotion and administration of assistance to the oppressed people of South Africa, and dissemination of information against apartheid. 320 The establishment of the Centre against Apartheid at the beginning of 1976, and the reinforcement of staff assigned for action against apartheid, was an important move symbolizing the commitment of the United Nations to the struggle against apartheid. The Special Committee recalls that it had recommended the establishment of such a centre to facilitate the co-ordination of United Nations activities on all aspects of apartheid and provide the services necessary to the Special Committee in the discharge of its mandate In its report to the General Assembly in 1973, 15/ it had suggested that this centre should, in close consultation with the Special Committee: "(a) Follow the relevant decisions and activities of all United Nations organs, as well as specialized agencies and other organizations within the United Nations; "(b) Act as a clearing-house of information on the international campaign against apartheid by the United Nations, States, specialized agencies, regional organizations and non-governmental organizations; "(c) Undertake the preparation of studies on the various aspects of apartheid and its international repercussions, as required by the Special Committee or other organs; "(d) Ensure maximum publicity, with the co-operation of the Office of Public Information and through all media, for the evils and dangers of apartheid, and for the United Nations efforts towards the eradication of apartheid; "(e) Promote humanitarian, educational and other assistance to the oppressed people of South Africa and their liberation movement " 321 It recommended that the Centre should be staffed with experts in economic, legal, information and other aspects, and provided with the necessary resources to enable it adequately to serve the Special Committee and help implement its decisions 322 The Special Committee wishes once again to commend the dedicated work of the Centre against Apartheid, in consultation with the Special Committee, and to acknowledge its contribution to the international campaign against apartheid. It considers that a further strengthening of the Centre is required, in the light of the recommendations in the present report, so that it can provide adequate services to the Committee and help in execution of its decisions for promoting more effective 15/ Ibid., Twenty-eighth Session, Supplement No. 22 (A/9022), para. 300 -54- and concerted action against apartheid. The Centre will also need to obtain the services of outstanding experts on such matters as military and nuclear co- operation with South Africa, oil embargo and audio-visual information. 323. The struggle for the liquidation of apartheid in South Africa has now become a matter of utmost priority to the United Nations. It must be conducted through a wide range of measures in a comprehensive programme of action. The Special Committee considers that adequate resources should be provided for this purpose. 324 The Special Committee, therefore, recommends that the Secretary-General should be authorized immediately to strengthen the Centre against Apartheid, in consultation with the Special Committee, and to provide it with necessary resources for the effective performance of its responsibilities. It suggests, in particular, the need for: (a) The reinforcement of staff responsible for the preparation of memoranda and reports on aspects of the situation in South Africa and on developments concerning collaboration by Governments and corporations with the apartheid r6gime; (b) Greater assistance by the Centre to the Special Committee in promoting co- ordinated action against apartheid by intergovernmental and non-governmental organizations. 325 In accordance with the resolutions of the General Assembly, the Special Committee, with the assistance of the Centre against Apartheid, has promoted the world-wide observance of the International Day for the Elimination of Racial Discrimination (21 March), the International Day of Solidarity with the Struggling People of South Africa (16 June) and the Day of Solidarity with South African Political Prisoners (11 October) The observance of these Days has contributed to a wider awareness of the situation in South Africa and greater appreciation of the struggle of the national liberation movement of South Africa. The special meetings held by the Special Committee on these days have attracted great attention and have been occasions for pledges of action by Governments and organizations 326. In order that the proceedings of these special meetings can be more widely disseminated, the Special Committee recommends that the Secretariat should be requested to provide verbatim records for these meetings K. Co-operation with other United Nations bodies 327 The Special Committee has constantly taken steps to ensure close co- operation with other United Nations bodies concerned with the situation in southern Africa in order to strengthen United Nations action against apartheid. It has established close relations with the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples and the United Nations Council for Namibia, as well as the Committee of Trustees of the United Nations Trust Fund for South Africa and the Advisory Committee on the United Nations Educational and Training Programme for Southern Africa. It has taken steps towards closer co- operation with the Commission on Human Rights and its subsidiary bodies -55-

328 In February 1977, the Chairman of the Special Committee met with the Chairman of the Ad Hoc Working Group of Experts on Southern Africa of the Commission on Human Rights at Geneva and discussed co-operation between the two bodies. The consultations on that occasion resulted in the investigation by the Ad Hoc Working Group, in conjunction with the Special Committee, of deaths of detainees and police brutality against peaceful demonstrators in South Africa. 329 At the end of its meetings in July-August 1977, the Ad Hoc Working Group communicated to the Special Committee a series of suggestions on future co- operation between the two bodies, as follows: (a) Exchange of invitations for meetings of the two bodies; (b) Invitation to the Chairman and/or the Rapporteur of the Special Committee to attend meetings of the Commission on Human Rights during consideration of items relating to apartheid and of the Sub-Commission on Prevention of Discrimination and Protection of Minorities; (c) Exchange of current information on events in southern Africa; (d) Co-operation as to fact-finding in case the two bodies wish to do so on urgent matters; (e) Publication and dissemination by the Special Committee and the Centre against Apartheid of reports of the Working Group; 330 The Special Committee also recalls that the Ad Hoc Working Group had recommended in 1975 (E/CN.4/1159) the organization of a seminar in southern Africa. It stated: "A seminar should be organized at a suitable location in southern Africa for the purpose of focusing attention on (i) economic and cultural exploitation of the blacks in South Africa and Namibia; and (ii) prison conditions in the South African jails, including in particular the notorious Robben Island maximum security prison. Invitations should be extended in particular to the appropriate and competent United Nations organs and to OAU, Amnesty International, International Commission of Jurists and others concerned, non-governmental organizations of black South Africa and ex-prisoners The results of the seminar should be communicated to the Human Rights Commission for study " 331 In resolution 6 A (XXXIII) of 4 March 1977, the Commission on Human Rights requested the Secretary-General to continue his contacts for the organization of the seminar In the light of its consultation with the Ad Hoc Working Group, the Special Committee suggests that it be authorized to lend its co-operation towards the organization of this seminar -56-

L. Urgent need for action by the Security Council under Chapter VII of the Charter 332 Finally, the Special Committee considers it necessary to emphasize once more the imperative need for action by the Security Council, under Chapter VII of the Charter, to avert the grave threat to the peace in South Africa, and in southern Africa as a whole, resulting from the policies and actions of the apartheid regime 333 The indiscriminate mass killings in South Africa, the repeated acts of aggression by the apartheid regime against independent African States, the enormous increase in the South African military budget and the frantic efforts of the apartheid regime to obtain nuclear weapons, should leave no doubt whatsoever, in the view of any Government which respects the principles and provisions of the United Nations Charter, that a grave threat to the maintenance of international peace and security has existed in the area for many years and has been constantly aggravated. Many Western countries and other principal trading partners of South Africa, which had resisted action under Chapter VII in the past, have come to recognize that such action is not only appropriate but imperative. 334 The Special Committee notes with distress that three permanent members of the Security Council - France, the United Kingdom and the United States of America have continued to resist a determination of the threat to peace and action under Chapter VII of the Charter They have been supported by a few States which have continued to profit from apartheid. These States, by preventing action by the Security Council, have undermined the discharge by the United Nations of its solemn commitments to peace and freedom, and have contributed to the development of an explosive situation in South Africa. 335. The Special Committee hopes that they will be persuaded to heed the appeals of the overwhelming majority of Member States and facilitate effective action by the Security Council, particularly with respect to military and nuclear collaboration with South Africa, and loans to and investments in South Africa, as a first step in a programme of effective sanctions for the eradication of apartheid. The proposals submitted by the non-aligned States in the Security Council in March 1977 could be an appropriate basis for such action. 336. The Special Committee, therefore, recommends that the General Assembly should address an appeal to the three permanent members of the Security Council to co-operate in such action, and invite all States to exert their influence, by appropriate action, towards that end. -57-

ANNEX I Review of developments in South Africa since September 1976 CONTENTS I. INTRODUCTION A. Aggression against independent African States B. Grave crisis in South Africa C Growing international opposition to apartheid II THE NATIONAL UPRISING AGAINST THE REGIME Paragraphs 1 - 29 30 - 83 Mass demonstrations and boycotts Armed resistance - 69 - 83 III. ENFORCEMENT OF APARTHEID AND ADJUSTMENTS WITHIN APARTHEID A. Intensification of the "bantustan" policy 1. Continued dependence of the Transkei 2. Sham "independence" of Bophuthatswana B. Coloured people and Indians C Adjustments within apartheid 84 - 146 84 94 105 110 126 IV REPRESSION OF OPPONENTS OF APARTHEID - 109 - 104 - 109 - 125 - 146 147 - 270 Detentions and bannings Ill-treatment and torture of detainees Police violence Trials of opponents of apartheid 1 "Black consciousness" trial of leaders of the South African Students' Organization and the Black Peoples' Convention 2. Trial of 10 members of the African National Congress in Pietermaritzburg 3 Trial of 12 members of the African National Congress in Pretoria 4 Trial of six members of the African National Congress in Springs 155 179 199 210 178 198 209 263 215 - 219 220 - 228 229 -236 237 -238 -58- Page 6o 60 62 64 66 66 74 77 77 79 81 83 87

CONTENTS (continued) 5 Other trials of ANC members 6. Trial of three members of the Pan Africanist Congress in Grahamstown 7 Trial of three leaders of the Pan Africanist Congress in Campdown 8 Trial of Mr Anthony Holiday 9 Trial of Mr Breyten Breytenbach 10- Trial of Mr Isaac Seko 11. Trial of Mr Paul Mafgliso Elliott Langa 12. Trial of members of the National Union of South African Students 13. Other political trials E. Repressive legislation V BUILD-UP OF MILITARY FORCES New legislation Expansion of the armed forces and of military installations Manufacture of arms Import of arms and military equipment Other developments VI. ECONOMIC COLLABORATION WITH SOUTH AFRICA Paragraphs 239 - 244 245 246 247 248 251 253 256 259 264 - 271 - 322 281 - 290 291 307 311 319 306 310 318 322 323 - 390 332 362 389 Loans Direct investment Trade VII. APARTHEID IN SPORTS A. Progress of the campaign against apartheid in sports B. Continued sporting exchanges with South Africa C South Africa's sporting policy 361 388 390 391 - 467 391 422 439 - 421 - 438 - 467 -59- Page 114 114 115 115 115 116 116 117 117 118 120 122 124 126 128 130 131 132 139 144 146 146 150 153

I. INTRODUCTION 1 The past year marked a watershed in South African history Since the massacre of peaceful student demonstrators in Soweto on 16 June 1976, resistance has spread all over the country as students, youth, workers and other segments of the black population defied massive police violence and brutality to affirm their total rejection of apartheid The apartheid r6gime resorted to more massacres of demonstrators, indiscriminate detention and banning of black leaders and other opponents of apartheid, and staged a series of political trials under obnoxious repressive laws It rapidly stepped up its military build-up and adopted further repressive legislation to entrench its emergency powers. 2 At the same time, it took measures to strengthen its military hold over Namibia, continued to support the tottering Smith r6gime in Southern Rhodesia, and resorted to frequent threats and attacks against neighbouring African States. 3. Unable to suppress internal resistance or prevent the advance of liberation struggles on its borders, the regime found itself increasingly weakened internally and ever more isolated abroad. Black resistance continued to increase and to spread in the face of overwhelming odds Demonstrations became increasingly militant, and many symbols of apartheid rule were the target of attacks Workers showed their solidarity with the students by carrying out widespread boycotts Members of apartheid institutions in Soweto and other townships were forced to resign. There was increasing evidence that the underground forces of the banned liberation movements had become more powerful. 4. Frightened by the gathering strength and magnitude of the popular struggle and worried over the deepening economic recession, many segments of the white population called for substantial reforms before it was too late There was a growing crisis of confidence among white South Africans resulting in a significant increase in emigration from South Africa. 5 The entire international community expressed revulsion and anger at the r6gime's intensified repression against the people of South Africa. The international campaign against apartheid was stepped up through the dedicated efforts of thousands of people all over the world. International support and assistance to the liberation movements increased. Even some of South Africa's major trading partners began publicly to express concern over the situation. A. Aggression against independent African States 6. Increasingly worried by the advance of liberation on its borders, the South African r6gime has further strengthened its military occupation of Namibia, using it as a base for its continued attacks against Angola and Zambia, and has continued to provide military and other support to the illegal regime in Rhodesia. 7 According to information available to the United Nations, the Pretoria regime has augmented the strength of its troops stationed in northern Namibia to 50,000, -60- strengthened its military equipment and expanded its network of military bases. l/ 8 In the White Paper on Defence tabled in Parliament in March 1977, the South African Minister of Defence claimed that since 1 April 1975, South African security forces had killed 231 SWAPO "terrorists" and had themselves suffered 33 casualties According to the Director-General of the South African Defence Force, Major-General Wally Black, total South African casualties in the "operational area" in 1976 were 52. 2/ 9 The apartheid r6gime has continued to violate the territorial integrity of Angola, and to supply arms, ammunition and training to Angolan refugees for armed incursions into southern Angola. 10 In a communication addressed to the Secretary-General on 19 July 1977, the Minister of Foreign Affairs of Angola charged that on 12 July 1977, armed South African forces concentrated in Namibia had shot down an Angolan aeroplane bound for the village of Kuangar in Angola, killing 12 people. The Minister stated that the following day, the Calueque dam had come under heavy fire from South African artillery, and that there were a number of casualties He continued: "These attacks are clear evidence of an escalation of South African aggression, particularly since May, in the form of violations of Angolan airspace, infiltration of Angolan territory by military units for the purpose of attacKing and looting frontier villages, and bombing and shelling. Such attacks by the South African racist, fascist forces are then attributed by the South African press and radio to the UNITA puppet organization in order to mislead international public opinion and conceal the aggressive designs of the expansionists and neo-colonialists " 3/ 11. On 26 July, the Angolan radio stated that the towns of Calueque and Cabo de Santa Maria in the South and Calanda in the east of the country were under heavy attack by South African forces South African forces were also said to have invaded and captured Kuangar 4/ 12 The South African military forces in Namibia have also violated the Zambian border On 25 May 1977, South African forces and Zambian troops exchanged fire on the Zambia-Caprivi border A Zambian Government spokesman said: "This is the first open clash between Zambian and fascist troops of South African Prime Minister John Vorster Racist troops provoked Zambian forces which quickly responded and silenced the enemy " 5/ 1/ Details on South Africa's military activities in Namibia are contained in A/AC.109/L.1164 2/ The Star, Johannesburg, weekly airmail edition, 2 April 1977; Rand Daily Mail, Johannesburg, 1 February 1977 3/ The South African regime denied the charges (S/12368 and S/12370) 4/ The New York Times, 26 July 1977 5/ Rand Daily Mail, Johannesburg, 27 May 1977

13. According to a report in the Johannesburg Sunday Express, South Africa informed the United Kingdom in early January 1977 that it would consider sending troopS to fight in Rhodesia if there was a further extension of the guerrilla war there 6/ 14 Several press reports have indicated that South Africa is supplying arms to the illegal regime in Rhodesia. Mr Smith was reported to have remarked in an interview in November 1976 that he was "getting arms from South Africa, and they (were) adequate" The South African Defence Force refused to comment on the report 7/ 15 According to the Salisbury correspondent of the Guardian, "reliable military sources" in Rhodesia had indicated in April 1977 that Rhodesian Air Force pilots were completing conversion courses on South African Mirage jets in the Northern Transvaal. South Africa was believed to be supplying French Alouette helicopters to Rhodesia and to be prepared to supply Mirage jets in the near future 8/ B. Grave crisis in South Africa 16. The continuing popular revolt against apartheid and the growing activity by the liberation movements plunged the regime into a deepening political crisis This was aggravated by an economic recession which caused a sharply rising cost of living and large-scale unemployment for the black population, leading to fears of ever growing unrest Uncertainty over the future course of events and mistrust over the r~gime's policies became rife among many sectors of the white ropulation, who increasingly voiced demands for various kinds of "'reforms" The limits of such a "reform" movement, however, are shown both by the modest scope of the changes suggested and by the regime's refusal to implement any but the most marginal measures 17 While the would-be "reformers" were trying to straddle a non-existent middle ground between the apartheid regime and the increasingly militant black masses, others chose the way of exile in growing numbers. The number of white emigrants from South Africa after the Soweto uprisings reportedly amounted to an "exodus", mainly of professional people. 9/ As many as 100 South African soldiers were reported to have deserted the army, and several draft dodgers were seeking asylum in western European countries 10/ 18. After interviewing several hundred white South Africans, Professor Meyer Feldberg of the University of Cape Town concluded that the picture that emerged from his discussions was "one of gloom and paralysis" ll/ Two West German research teams which carried out a study of white South Africans found that 6/ Quoted in Times, London, 17 January 1977. 7/ The Star, Johannesburg, weekly airmail edition, 20 November 1976. 8/ Guardian, London, 28 April 1977 9/ Times, London, 8 January 1977; Rand Daily Mail, Johannesburg, 4 February, 22 June 1977 10/ Sunday Times, Johannesburg, 13 March 1977; Rand Daily Mail, Johannesburg, 2 February 1977 ll/ Rand Daily Mail, Johannesburg, 15 December 1976. -62- a general feeling of uncertainty and insecurity had become prevalent after the Soweto uprisings, along with a greater willingness to make some concessions to black demands, particularly in the economic field. At the same time, however, support for the National Party continued: the researchers noted that "Premier Vorster enjoys the confidence of the white electorate to a degree approaching a political blank cheque" 12/ This was reflected in the growing disarray in which the English-speaking opposition found itself after the dissolution of the United Party and the failure of attempts to form a unified opposition. 19. Various "reform" measures were advocated by influential figures within the Afrikaner establishment, including members of the Cabinet and top party members; the head of the Bureau of State Security (BOSS); the head of the Broederbond, the powerful secret society; most of the Afrikaner press; and many intellectuals, professionals, and businessmen. This debate, however, remained strictly within the framework of the apartheid policy of the regime, centring around the future constitutional set-up of the country, the situation of urban Arficans, and "unnecessary" racial laws and the conditions of employment of Africans As Professor Gerrit Viljoen of the Rand Afrikaans University, head of the Broederbond, put it: "I have never considered separate development as an ideology or a dogma Separation was merely an instrument to achieve certain goals orderly government, political stability from the point of view of whites and Afrikaners and maintenance of their identity That means it is an open-ended road. What is going to happen as things develop is an open question." 13/ 20. Businessmen, industrialists and bankers have been among the most vocal advocates of reform. Bodies such as the National Development and Management Foundation, the Federated Chamber of Tndustries, the Association of Chambers of Commerce, and the South Africa Foundation (representing mainly South African and foreign firms) have called on the r~gime to take steps to alleviate the situation of African workers and encourage the development of an African middle class as an ally against revolutionary change These measures, mostly of an economic nature, were seen as "ssential to contain social unrest, meet the criteria in international opinion and develop the material resources of South Africa to optimum potential" 14/ 21. For example, the Association of Chambers of Commerce urged the r6gime to adopt the following measures: Recognition of the need for all races inside urban areas; Permission for all racial groups to own property in their own parts of the urban zones; Relaxation of restrictions on black businessmen in their own areas; 12/ Ibid., 27 October 1976 13/ Sunday Times, Johannesburg, 6 March 1977 14/ Quoted from a Federated Chamber of Industries press release, The Star, Johannesburg, weekly airmail edition, 9 October 1976. -63-

Setting aside mixed trading areas in which all races may trade freely; Relaxation of all racial restrictions on jobs in white-owned businesses; Facilitating the establishment of restaurants for all races in white central business districts. Later, the Association urged the regime to change the pass laws and the influx control system "because the country cannot afford any excess expenditure" 15/ 22 While accepting and even commending some of the plans of corporations to improve the conditions of black workers within the present laws, the regime has adamantly opposed any change of a political nature Prime Minister Vorster even warned businessmen that their attempts to force basic changes in his policy would not only fail but also "cause unnecessary and harmful friction between the Government and the private sector" 16/ 23. As the crisis deepened, the r~gime became increasingly inflexible It called for a "total strategy" to stave off pressures for majority rule, in effect putting the country on a war footing, further restricting civil liberties, and extending the repressive powers of the regime24 Assessing the r6gime's policy during the past year, the Rand Daily Mail of 25 June 1977 stated: "The parliamentary session has just ended with not a single meaningful reform anywhere - and clearly Mr Vorster has decided there shall be none the government has set us on a confrontation course" C Growing international isolation of the apartheid r6gime 25 The new stage reached by the struggle of the oppressed people of South Africa for freedom and self-determination has been accompanied by a renewed commitment in the international community to support that struggle The policies of the regime and the brutal repression of opponents of apartheid have been universally condemned. Governments, intergovernmental and non-governmental organizations all over the world have stepped up their actions in implementation of United Nations resolutions calling for the total isolation of South Africa and have increased their assistance to the oppressed people of South Africa and their liberation movements 26 A number of important decisions taken by international organizations during 1977 testify to the growth of world opposition to apartheid and support for the national liberation movement of South Africa. Strong resolutions were adopted by the General Assembly at its thirty-first session, the Commission of Human Rights at its thirty-third session and the Economic and Social Council at its sixty-second session. In addition, decisions of historic significance were taken by the First African-Arab 15/ The Star, Johannesburg, weekly airmail edition, 23 October 1976; Rand Daily Mail, Johannesburg, 14 January 1977 16/ Guardian, London, 20 October 1976. -64-

Summit Conference in March 1977; the Ministerial Meeting of the Bureau of NonAligned Countries in April 1977; the Commonwealth Heads of Government in June 1977; and the fourteenth Assembly of Heads of State and Government of the Organization of African Unity in July 1977 The international campaign against apartheid was further strengthened by decisions taken at a number of conferences attended by Governments, intergovernmental and non-governmental organizations and liberation movements, such as the Second International Trade Union Conference against Apartheid (Geneva, June 1977), the World Conference against Apartheid, Racial Discrimination and Colonialism in South Africa (Lisbon, June 1977), and the World Conference for Action against Apartheid (Lagos, August 1977) 27 In response to the call for an intensified international campaign contained in these decisions, the African, non-aligned and socialist countries and their non- governmental organizations strengthened their activities in solidarity with the national liberation movement of South Africa. In the Western countries which are South Africa's major trading partners, trade unions, churches, anti-apartheid, student and other organizations launched new campaigns and redoubled their efforts to stop all collaboration with the apartheid regime by the Governments, companies, banks and sporting and other institutions of these countries. 28. In the wake of the continuous growth in world-wide opposition to apartheid and the deepening political and economic crisis in South Africa, some of South Africa's major trading partners have begun to express concern over the situation. In order to safeguard their considerable stake in the area, the Governments of these countries have stated that they consider certain minimum reforms as necessary 29 The racist r~gime has continued to ignore all the resolutions and decisions of the United Nations and other international fora and to defy the international community, and has resorted to increased brutal measures and terror against the oppressed people of South Africa. -65-

II. THE NATIONAL UPRISING AGAINST THE REGIME 30 The national uprising against apartheid, sparked by the Soweto massacre of 16 June 1976, continued and developed during the past year despite the brutal and massive repression by the apartheid r~gime, including the indiscriminate shooting of peaceful demonstrators, mass arrests and trials, torture and killing in detention of many black leaders, and the growing militarization of the country The oppressed people developed new forms of struggle to meet the growing repressiveness of the regime While student demonstrations continued throughout the country, there has been growing evidence of effective underground organization and activity by the liberation movements and of infiltration of arms and freedom fighters A number of incidents in the cities and on the borders of South Africa indicate the likelihood of violent conflict if repression and imposition of apartheid continues A. Mass demonstrations and boycotts 31. The African students in Soweto and other African townships were again in the forefront of mass protests against the regime In October 1976, the students called for a total boycott of examinations until the Bantu education system was abolished and all those arrested in connexion with the uprisings since June 1976 were freed. Faced with a nearly total boycott of examinations, the regime resorted to mass arrests of students 32 The regime also resorted to other forms of intimidation in its attempts to break the students' boycott A number of students in some areas (Mamelodi, Atteridgeville, Ga-Rankuwa, Mabopane, Hammanskraal, Alexandra) were reported to have taken their examinations under heavy police surveillance, after being herded in specially set-up classrooms 17/ 33 The regime also exercised pressure on the teachers in order to force the students to take their examinations. In early December 1976, Mr J. Strydom, Johannesburg Regional Director of Bantu Education, threatened 4,000 teachers that they would be transferred to rural areas if they did not urge children to return to school by 5 January Some students were said to have decided to sit for their examinations because of pressure from teachers Most students in the region, however, were reported to have boycotted the examinations out of loyalty to their friends who were still in detention. 18/ 34 The Minister of Bantu Education, Mr M. C. Botha, threatened African teachers in the Cape peninsula on 10 February 1977 He warned that unless pupils returned to school within the first week of March, when the new term started, they would not be enrolled later Those who were away from school for more than 10 days without good reason would be expelled. 19/ 17/ The Star, Johannesburg, weekly airmail edition, 30 October 1976; Rand Daily Mail, Johannesburg, 2, 3, 4 November 1976. 13/ Rand Daily Mail, Johannesburg, 18 January 1977 19/ Ibid., 11 February 1977 -66-

35 The regime combined these pressures with some marginal concessions, such as allowing students who had not completed their matriculation examination in 1976 to take a supplementary examination in March No concession was made, however, to the nluh larger number of students taking the junior certificate examination In addition, the r6gime announced its intention to ensure the provision of free compulsory education for all African children within several years; to build additional senior secondary schools; and to improve the situation of African teachers 20/ 36. The Soweto Students' Representative Council (SSRC) rejected these "reforms", calling for the abolition of the Bantu education system and vowing that the students would not betray their colleagues still in gaol When schools reopened in Soweto in January, students followed the SSRC's call for a boycott; attendance at primary schools was reported to be only 50 per cent, and at secondary schools only 25 per cent. In Cape Town, African students decided at a mass meeting on 30 January to reimpose the boycott of classes and to extend it to primary schools They said that they had been deceived by the authorities into going back to school, but that their call for the release of detained students had not been met, nor other grievances redressed. Following their decision, attendance at schools in the townships was reported to have dropped to near zero. 21/ 37 Tens of thousands of students in Soweto, Atteridgeville, Saulsville, Mamelodi, Alexandra and other townships in the Transvaal walked out of classes again in the last week of July 1977, when classes reopened after vacation. The students pledged not to return to school until the Bantu education system was totally eliminated, and demanded the formal integration of African education into the Department of National Education 22/ 38 The boycott continued for several weeks into the second half of August 1977 despite renewed police measures The Minister of Justice and Police, Mr J T. Kruger, launched a widespread police-backed campaign to clamp down on the boycotters, including mass arrests of students on truancy charges, the closing down of a number of schools, the transfer of teachers, and the permanent expulsion of boycotters from some schools In Soweto, most high schools were taken over by the regime and the school boards were dismissed. At the same time, detentions of students on political charges were stepped up 23/ 39 The students also organized successful boycotts of beerhalls and of white- owned stores and other forms of protest in commemoration of those massacred by police in the 1976 uprisings The New York Times reported on 19 November that residents of Soweto had shown "a remarkable respect" for the students' call, boycotting taxi service, shebeens (illegal bars), sports events and all Christmas festivities The success of the action had given "an impressive demonstration of the power the students wield," making them almost "a shadow government" in the township. 24/ 20/ Ibid., 5, 25 November 1976. 21/ Ibid., 31 December 1976, 6 January, 1 February 1977; The Star, Johannesburg, weekly airmail edition, 5 February 1977 22/ Rand Daily Mail, Johannesburg, 20, 26 July 1977; The ilew York Times, 29 July 1977 23/ Rand Daily Mail, Johannesburg, 3, 5, 13, 26 August, 5 September 1977 24/ The New York Times, 19 November 1976; Rand Daily Mail, Johannesburg, 25 November, 20, 23 December 1976; Sunday Times, Johannesburg, le December 1976. -67-

40 The students also joined workers and other members of the community in numerous large protest demonstrations 41. In early November, tens of thousands of workers went on a stay-at-home strike, in response to an appeal by the SSRC, as part of a week's mourning for all those killed and detained, despite police intimidation and threats by employers that absentees would lose their jobs 25/ 42. On 17 October 1976, large numbers of people attended the funeral of Mr Isaac Dunisani Mbatha, a 16-year-old detainee who had died while in police custody A protest demonstration followed. The angry crowd marched on a municipal depot, forcing their way past guards, commandeered a dozen trucks and a water tanker and drove them into walls and through fences, causing considerable damage Police resorted to firing, killing one African and wounding another 26/ 43. On 24 October 1976, several thousand mourners attended the funeral of Mr Zungwane Jacob Mashabane, a 22-year-old university student who was claimed by police to have hanged himself from his cell door at the Fort prison three weeks earlier Police armed with shotguns and hand submachine guns started firing without warning on the crowd at the Doornkop cemetery Seven Africans were killed and 51 injured. 27/ 44 In early November, following widespread protests against police violence, the police announced a new approach to demonstrationsI combining Ircrowd control" tactics and "dialogue" with "responsible township figures" 28/ 45 But this was belied by the brutal repression in the African townships of Langa, Nyanga and Guguletu in Cape Town, twice during December 1976. In early December, during three days of demonstrations, the police killed two black youths and sealed off the townships with patrols in armoured personnel cars About 300 alleged "agitators and criminals" were arrested, while several others were detained in raids by the Security Police throughout the Cape Peninsula. The Police claimed that the violence was to be attributed to clashes between migrant workers housed in hostels and local residents attempting to enforce a work boycott 29/ 46 Violence flared up again in the three townships over the Christmas week-end; large police contingents were airlifted from the Transvaal to Capt Town. 25/ The Star, Johannesburg, weekly airmail edition, 6 November 1976; Rand Daily Mail, Johannesburg, 2 November 1976. 26/ Rand Daily Mail, Johannesburg, 18, 26 October 1976; The New York Times, 19 October 1976. 27/ Police claimed that a warning was given before firing began. This, however, was denied by Rand Daily Mail reporters present on the scene, who said the police had reacted to "black power" salutes and the distribution of pamphlets calling for a boycott of white stores (Rand Daily Mail, Johannesburg, 26 October, 30 December 1976.) 23/ Rand Daily Mail, Johannesburg, 9 November 1976 2Q/ Rand Daily Mail, Johannesburg, 2, 6, 7 December 1976; The New York Times, 3 December 1976 -68-

Twenty-six black people were killed during fighting in townships, and over 100 injured, while scores of houses were burned, causing many people to remain homeless Again, the police attributed the violence to fighting between the local residents and migrant workers They alleged that the migrant workers were "fed up" by demands of local youths to observe a "black Christmas" of mourning for those killed during earlier demonstrations in Johannesburg and Cape Town. Eyewitness reports, however, indicated that the clashes had been instigated by the Riot Police 30/ 47 In February 1977, riot policemen- in Soweto riding in armoured cars, trucks, Land Rovers and squad cars used tear-gas to disperse thousands of students demonstrating in support of a continued school boycott The police warned that any children found in the streets during school hours would not be regarded as schoolchildren and the police would "act accordingly" 31/ 48 Renewed demonstrations were held in Soweto on 27 March to mark Heroes' Week. Police fired warning shots to disperse the crowd of several thousand students, and many schoolchildren were kicked and assaulted. Thirty-seven students were arrested. 49 The regime's decision to make people in the townships pay for the loss of revenue resulting from the uprisings and boycotts sparked renewed mass protests in April. In Soweto, the West Rand Administration Board (WRAB) announced in April its decision to raise rents between 40 and 80 per cent; rents for some hostel dwellers were to increase by up to 130 per cent The increases added to the already intolerable burden on Soweto residents who were hit earlier in the year by steep raises in rail and electricity tariffs and the abolition of subsidies on maize, the African staple diet The Johannesburg Chamber of Commerce estimated that, as a result, living costs in Soweto had risen by 14.5 per cent since November, double the national inflation rate- 32/ 50- On 27 April 1977, several thousand students marched on the offices of the Urban Bantu Council (UBC), defying a ban under the Riotous Assemblies Act, and accused the Council members of having known about the increases since February but having failed to inform the township population for fear of protests They called for the resignation of the UBC members as instruments of the WRAB in the oppression of their own people. The police met the demonstrators with a newly developed four-wheel drive vehicle which sprays out vast amounts of tear- gas from two pipes Dan Motsiri, President of SSRC, said that "on several occasions we peacefully assured the police that we wanted no trouble, but all we got was teargas" The police also fired on a group, wounding three students Following 30/ See below, para. 214. 31/ Rand Daily 1ail, Johannesburg, 10 February 1977, The Jew York Times, 10 February 1977 32/ Mr Mannie Mulder, Chairman of the WRAB, made it clear that the increases were a direct result of the 1976 uprisings; since, by law, the Bantu Administration Boards have to meet running costs from the revenues they raise in the townships, the loss of revenue resulting from the destruction of WRAB-run liquor stores and beer halls, which had been the main targets of popular furor during the uprisings, had to be met in other ways -69 - the demonstration, Brigadier Visser declared that the so-called "soft-approach" adopted by the police would end if protests continued. The regime was subsequently forced to postpone the rent increases as a result of the mass protests 33/ 51. In June 1977, the SSRC organized mass prayer meetings, demonstrations and boycotts in commemoration of the Soweto uprising of 16 June 1976. Workers were invited to stay away from work on 16 and 17 June, "Black Students Day" The SSRC also called for the suspension of all entertainment activities for the period of a week, including football games, discotheques and cinemas, and asked employers to allow workers to work extra hours during the preceding week-end in order to make up for the stay away In a statement in support of the students' campaign, the president of the Black People's Convention, Mr Hlaku Rachidi, called on all black people "to re-dedicate themselves fearlessly to the noble pursuit of political liberation, stability and happiness in South Africa' He stated: "June 16 was a symbol of the black students' efforts to seek and actualize black identity and solidarity in the face of concerted efforts by the white government and its extensions, the toy government 'bantustans', to divide and frustrate the black man." 34/ 52 As the anniversary date neared, the regime stepped up its repressive measures On 13 June, 20 Africans, including the SSRC chairman, Mr Sechaba Montsitsi, and the entire SSRC executive which had formed the action committee to plan the commemoration, were detained. Two days later, a 15-year-old youth, Philemon Tloane, was beaten to death in Soweto by men in camouflage uniforms similar to those worn by police- Specially trained riot police equipped with riot gear and weapons firing rubber bullets and birdshot, and tear-gas machines, were sent into action against demonstrators They set up roadblocks on all major roads connecting Soweto with Johannesburg to prevent students from marching into the city Tear-gas was used to disperse crowds of students in a number of townships Again, as throughout recent months, the police refused to acknowledge the legitimate basis of popular protest, warning instead "tsotsi elements", who "may be trying to take advantage" of the situation, that the police would not hesitate to shoot 35/ 53. The police also called on workers to disregard the boycott, saying they would provide transportation and "protection" for them on their way to and from work. At the same time, employers' groups such as the Transvaal Chamber of Industries and the Johannesburg Chamber of Commerce sought to prevent workers from joining the commemoration by refusing the SSRC's request for make-up time and warning workers that they would receive no pay for time lost 36/ 33/ Guardian, London, 28, 29 April 1977; Times, London, 28 April 1977; Financial Times, London, 28 April 1977, The Star, Johannesburg, weekly airmail edition, 30 April 1977; Rand Daily Mail, Johannesburg, 29 April and 26 May 1977 34/ Rand Daily Mail, Johannesburg, 10, 14 June 1977 35/ Ibid., 13, 16 June 1977; The New York Times, 16 June 1977 36/ Rand Daily Mail, Johannesburg, 14, 15 June 1977 -70-

54 The r6gime also tried to suppress demonstrations by whites in sympathy with the blacks Mr J T KIruger, Minister of Justice and Police, demanded that laymen not be allowed to make speeches or prayers during a 24-hour vigil organized at St. Mary's Cathedral in Johannesburg; otherwise he would "stop the whole thing" Several white students at Cape Town and Witwatersrand Universities were detained for planning commemordtion meetings and distributing pamphlets calling for solidarity with the black students Mr J T Kruger,reportedly stated that it was "not in the best interests" of stability for white students to demonstrate sympathy with blacks 37/ 55 On 16 June, police wantonly attacked mourners as they were leaving peaceful prayer meetings at several centres in Soweto At least two persons died and nine were injured in these attacks 38/ 56. Even greater police brutality met demonstrators in the black townships of Uitenhage near Port Elizabeth. By 18 June, 10 black people had been killed, 33 wounded and more than 280 arrested in Kabah and Kwanobuhle Militant protesters were said to have attacked and destroyed several schools, liquor stores, shops, a community hall, a beer hall, and three offices of the Bantu Affairs Administration Board. 39/ 57 Despite the measures adopted by the regime, anniversary meetings and demonstrations were held in black townships throughout the country Most schools were reported closed or near empty Worker absenteeism in Soweto was reported to have averaged about 50 per cent; workers in some other areas also respected the stay-away call, despite the considerable financial hardships to themselves and their families The call for a ban on all entertainment resulted in the suspension of all soccer matches by the South*African Soccer Federation, the South African National Football Association and the National Professional Soccer League. 40/ 58 On 23 June 1977, a group of several hundred students slipped past police roadblocks to carry their protest to John Vorster Square, the police headquarters in the centre of Johannesburg. Police batoncharged the peaceful demonstrators, who were demanding the release of their detained colleagues and arrested 146 students A second group attempting to march into Johannesburg was broken up by police. Meanwhile, large-scale demonstrations in Soweto by thousands of schoolchildren were brutally repressed. At least two pupils were killed, and 20 injured by police gunfire Brigadier Jan Visser, Soweto's Divisional Commissioner of Police, declared: "I think we have played it low-key long enough. If they want trouble they're going to have trouble " 41/ 37/ Ibid., 13 and 16 June 1977; The New York Times, 17 June 1977 _33] Rand Daily Mail, Johannesburg, 17 June 1977 39/ Ibid., 18 and 20 June 1977 40/ Ibid., 15 and 17 June 1977 41/ Ibid., 24 June 1977 -71-

59 Thousands of mourners attending the funerals of an 18-year-old girl shot by police in Soweto and of two students killed in Mamelodi were attacked bv police with tear-gas, causing a panic in which several people were injured. 42/ 60 Following the successful boycotts in Soweto and elsewhere, and the anniversary demonstrations, several black groups began to press for an end to all collaboration of blacks with institutions created by the r6gime The campaign was initiated at a time when the r~gime was attempting to introduce various "reforms" aimed at marginally improving some of the aspects of apartheid, in particular the creation of community councils in the townships and the granting of additional powers to school boards 61. Again, the Soweto SRC spearheaded the campaign, which quickly spread to a number of other townships In Soweto, the first target of the anti-collaboration campaign was the Urban Bantu Council (UBC), which was dissolved in early June after its chairman, Mr David Thebehali, and several top councillors were forced to resign. 43/ The Dobsonville and Uitenhage UBCs also resigned at the endofJuly 44/ 62. The collapse of the UBC was saluted by a number of black organizations, including SASO, the BPC and the newspaper The World. The newspaper's editor, Mr Percy Qoboza, was involved in sponsoring the creation of a new and autonomous group of black civil leaders in Soweto, called the Soweto Local Authority Interim Committee (or Committee of Ten). The group, chaired by Dr Nthato Motlana, a former member of the African National Congress and executive member of the Black Parents' Association, rejected the proposed community councils and demanded a whole new political dispensation for Soweto which would be acceptable to the people of Soweto. Dr Motlana stated the group would seek to deal directly with Prime Minister Vorster, and would be requesting financial assistance from the Organization of African Unity, the International Monetary Fund, and foreign Governments and financial institutions. 45/ 63 The World stated in an editorial: "We say to the Government and the whites in general . your choice is simple. Either abandon all your privileges now and submit it yourselves to majority rule in a non-racial society, or face certain destruction in the future." 46/ 42/ Ibid., 27 June and 4 July 1977 43/ The West Rand Administration Board was forced to sanction the SSRC action by officially suspending the UBC at the end of June44/ Rand Daily Mail, Johannesburg, 30 June, 22 July, 3 August 1977 45/ Sunday Times, Johannesburg, 10 July 1977; Rand Daily Mail, Johannesburg, 1 July 1977, Reuter, from Johannesburg, 27 July 1977 46/ Quoted in The New York Times, 20 June 1977. -72-

64- However, the regime refused to deal with the Committee of Ten, in the same way as it has always done with genuine organizations representing the oppressed people Mr J.T Kruger, Minister of Justice and Police, and Mr Willem Cruywagen, Deputy Minister of Bantu Affairs, declared they would not talk with the Committee of Ten. The West Rand Administration Board even set up its own 13-member committee of Soweto "representatives", whose names were kept secret for fear of retaliation from the people of Soweto The regime also banned two mass meetings called by the Committee of Ten to seek a mandate from the people of Soweto for its plan for an autonomous Soweto city council, and pushed ahead with its own plan for elections to the community councils The Committee of Ten, however, decided to boycott the elections and sought closer co-operation with the student leaders 47/ 65 School boards were the second target of the anti-collaboration campaign By mid-July, it was reported that at least seven school boards (out of a total of twenty-six in Soweto) had already tendered their resignation in response to the SSRC call. 48/ They were soon joincd by the Ma-melodi school boards 49/ 66 On 23 July 1977, the anti-collaboration campaign gained further momentum with an ultimatum by the SSRC to black traffic policemen-to stay off the roads or face retaliation. The SSRC was also reported to be seeking the resignation of blacks who are members of the South African Police 50/ 67 On the same date, thirteen "black cousciousness" organizations released the text of a warning sent to Chief Lucas Mangope of Bophuthatswana not to "sell the soul of his people" by acc-epting "independence" The letter stated: "You and people like you, like Matanzima, are being used as pawns in the white man's intention of the continuation of the status quo You will never become independent You are inherently part of South Africa." 51/ 68. As the school boycotts and the anti-collaboration campaign spread in July and August 1977, the police stepped up armed attacks against demonstrators, shooting into crowds and attacking them with tear-gas, dogs and batons The casualty toll of young people rapidly increased; an 18-year old girl, Regina Nhlapo, was shot dead at Orlando Junior Secondary School, when police burst into classrooms, batoncharged students and set dogs on them. Another student, Petrus Matileba, 18, was killed and another wounded when police fired into a crowd of demonstrators in Soweto Humphrey Mahlangu, a 16-year old youth, was also shot dead in Soweto 1 47/ Rand Daily Mail, Johannesburg, 6, 10 August 1977 48/ These were: Xhosa West and East; Zulu West; Meadowlands Zulu; Orlando Sotho; Meadowlands Batswana; Ba Venda School Boards School boards, most of which are organized on an ethnic bas is, have the power to appoint and dismiss headmasters and teachers. (Rand Daily Mai, Johannesburg, 18 July 1977) 49/ Rand Daily Mail, Johannesburg, 25 July 1977 50/ lbid. 51/ Ibid. -73-

Police subsequently refused students permission to attend the funerals of their colleagues, and forcibly broke up crowds of mourners 52/ 69 Students were reported to be waging running battles against the police in several townships, such as Alexandra, Soweto, Meadowlands, Dobsonville, Atteridgeville, Mamelodi, Zondi, Ndesi, Evaton. The unrest continued for several weeks into the second half of August, despite hundreds of arrests during the demonstrations 53/ B. Armed resistance 70 The brutal repression of peaceful demonstrations and the systematic detention of all legitimate representatives of the people provoked the African people into attacks against government buildings and officials, sabotage and violent resistance 71 From the beginning of October 1976, bombings and arson attacks against segregated African schools and various oppressive institutions of the apartheid system have taken place with increasing frequency, spreading to many areas of the country As the regime sought to break the examination boycott called for by the students' organizations, through mass arrests and other forms of intimidation, schools where these examinations were being held were set on fire in a number of areas 72 Numerous attacks took place throughout the country against liquor stores and beerhalls, as well as Bantu Administration offices 73 A very significant development has been the growing number of attacks against black policemen and other collaborators with the regime. For example, on 12 October 1976, a car driven by an African policeman was stoned, and the man was attacked by an angry crowd at Kagiso In the last week of October, black police patrols were stoned at Jabulani, Zondi and Mamelodi; there were attacks on the homes of black policemen in Soweto; and a petrol bomb was thrown into the home of a black announcer for the South African Broadcasting Corporation. On 29 November 1976, five houses were set on fire in Guguletu, reportedly because they were the homes of ro-cenen or witnesses who had testified before the Cillie Commission investigating the events 54/ 74. The instances of sabotage and attacks in the urban areas have also increased dramatically The most significant events are reported here75 On 24 October 1976, the Jabulani police station was wrecked by an explosion. 52/ Ibid., 30 July, 2, 10, 12 August 1977 53/ Ibid., 29 July, 2, 9, 12, 13 August 1977; The New York Times, 29 July 1977. 54/ The Star, Johannesburg, weekly airmail edition, 23 October, 30 November 1976; Rand Daily Mail, Johannesburg, 25 October 1976- -74-

Another explosion, reportedly of a similar nature, took place less than two hours later at the Mzimhlope railway station. The police clamped an embargo on both events, although admitting that the Jabulani station had been "considerably damaged" Two black policemen were said to have been injured slightly in the blast 55/ 76 At the end of November 1976, a hand-grenade attack on two policemen took place near the Mozambique border The policemen who were seriously wounded, had been attempting to arrest four men who had been seen carrying two tin trunks, suspected of containing weapons As the men fled, the South African Minister of Justice and Policu, Mr J T Kruger, ordered-police reinforcements to be sent to the area and warned that the attack might be the first sign of a thrust into South Africa by the African National Congress Following an intensive search in the area where the attack had taken place, the police claimed that they had found a cache of hand grenades, ammunition and other "terrorist war material" 56/ 77 A young man, Isaac Seko, former laboratory assistant with the Anglo- American Corporation, detonated an explosive device in the Fontana Restaurant of Johannesburg on 7 December 1976. In the blast, ivir Seko lost his right forearm and several people were injured. The explosion caused widespread fear in South Africa, and the Minister of Police said that the incident may be the beginning of urban guerrilla warfare in South Africa. 57/ 78 Two petrol bombs exploded in two crowded Cape Town stores (Woolworth's and OK Bazaars) on New Year's Eve 1976. No one was injured, and damage was reported to be slight. 58/ 79 A bomb exploded on a railway line between Grasmere and Residentia stations near Johannesburg on 8 January 1977, seriously injuring a patrolman who tried to remove it from the line Train traffic was disrupted for two hours 59/ 80 A house in Kli.spruit, Soweto, was completely destroyed in a blast on 8 January 1977 The body of a man was removed from the ruins of the house, and five others were injured; they were taken to the hospital and then to the Fort for questioning. The press reported that authorities suspected the house was being used as a "bomb factory" 60/ 81 Three fires, set simultaneously, destroyed a R 30,000 aircraft and a fuel dump and damaged a hangar at the Riversdale air strip on 3 February 1977 Police said this was the work of saboteurs 61/ 55/ The underground Pan Africanist Congress has claimed credit for the blast, saying that 24 or more white policemen had actually been killed. 56/ The Star, Johannesburg, 1 December 1976, Rand Daily Mail, Johannesburg, 2 December 1976. 57, On 15 December four pamphlet bombs exploded in Cape Town claiming that Umkonto we Sizwe (Spear of the Nation) had been responsible for the blast (Rand Daily Mail, Johannesburg, 8 December 1976, 7 May 1977; Sunday Times, Johannesburg, 19 December 1976; The Star, Johannesburg, 17 December 1976) 58/ Rand Daily Mail, Johannesburg, 1 January 1977 59/ Weekend World, Johannesburg, 9 January 1977 60/ Rand Daily Mail, Johannesburg, 10 January 1977 61/ Ibid., 5 February 1977 -75-

82 Three black youths armed with machine pistols and hand grenades killed two white men and injured another in an attack on a maintenance depot in central Johannesburg on 13 June 1977 The youths, two of whom were arrested, were reported to have been part of a group of about 10 who had re-entered the country after having undergone military training abroad. A spokesman for the ANC abroad said that the youths belonged to the ANC. 62/ 83 On 15 and 16 June, explosions damaged the Durban-Umlazi rail line, disrupting traffic for seven hours, and the Soweto-Johannesburg rail line Police were put on full alert following the blasts, which were atrributed by Mr J T Kruger, Minister of Justice and Police, to the same group involved in the attack on the Johannesburg garage. 63/ 62/ The Star, Johannesburg, weekly airmail edition, 18 June 1977; The New York Times, 29 June 1977 63/ Rand Daily Mail, Johannesburg, 16 June 1977 -76-

III ENFORCEMENT OF APARTHEID AND ADJUSTMENTS WITHIN APARTHEID A. Intensification of the "bantustan" policy 84 In a desperate effort to counter the upsurge of the struggle of the oppressed people, the South African r6gime has further intensified the implementation of its apartheid policy The apartheid blueprint, sometimes called "grand apartheid', involves the consolidation of exclusive white domination in 87 per cent of the land, which includes all the industrial areas, the cities, the mines and the richest commercial farmland; while the black population is to be restricted to impoverished rural reserves under the administration of tribal authorities, and allowed into the cities only to the extent that they are needed by the white economy These reserves, or "bantustans" are eventually to become "independent" states, thus depriving Africans of citizenship in the country as a whole. 35 Towards this end, the regime declared the so-called "independence" of the Transkei in October 1976, and made great efforts to obtain international recognition. These ranged from public relations measures, such as newspaper advertisements and the hiring of a black American at R 100,000 a year to promote the Transkei in the United States, to blatant pressure on Lesotho to force it to recognize the Transkei These attempts, however, have failed completely and not a single State has recognized the farce of "independence" of the Transkei But the regime has proceeded, in the hope of creating a fait accompli, with plans for the declaration of the "independence" of Bophuthatswana in December 1977 3.1 It has also introduced legislation amending the Bantu Homelands Constitution Act and granting limited new powers to the other "bantustans" which have so far rejected "independence" The Chairman of the Bantu Affairs Commission, Mr Piet du Plessis, made it clear that the r6gime hoped the new powers would encourage all "bantustans" to take the ultimate step to "independence" 64/ Reacting to the new legislation, several "bantustan" chiefs have declared that they they will continue to reject the r~gime's "independence" 65/ 87 At the same time, the r~gime has initiated measures to intensify exploitation of the "bantustans" In terms of the Promotion of the Economic Development of Bantu Homelands Amendment Act (No 80 of 1977), white capital and technological expertise are to be allowed into the "bantustans" to "develop" them. 83 In October 1976, after an unsuccessful meeting with Prime Minister Vorster, a number of "bantustan" chiefs established a group called Black Unity Front (BUF) in co-operation with some urban blacks BUF declared that it would work "for the rejection of the homeland policy and the transformation of homeland governments into provincial bodies", and to achieve black involvement in national policies "within the context of majority rule". BUF set as its immediate priorities the 64/ South African Digest/Comment & Opinion, Pretoria, 4 February 1977; The Star, Johannesburg, 30 March 1977 65/ Rand Daily Mail, Johannesburg, 15 April 1977. -77- abolition of the pass laws, the scrapping of Bantu education, and an end to the sale of liquor to Africans as a means of raising revenue by township administration boards 1_6/ 89. At the same time, the regime has enacted legislation aimed at further weakening the already precarious position of Africans living in urban areas. The regime's intention is to extend the control of "bantustan" authorities over the urban Africans Under the Community Councils Act of June 1977, the regime will establish a system of "community councils", constituted of representatives elected on a tribal basis and linked to the "bantustan" authorities which would have limited local administrative powers under white veto These would include financial powers and the supervision of traditional "disciplinary courts" (the "makgotla") 90 The community councils are to have very limited powers, such as allocation and administration of accommodation to single persons (but not families); allocation and administration of sites for churches, schools and shops; regulation and restriction of the keeping of animals, except dogs; promotion of the moral and social welfare of residents; and administration of library services. They will thus differ little from the discredited Urban Bantu Councils which they are intended to replace, and real power in township affairs will remain in the hands of the regime- controlled administration boards 67/ 91 The community councils scheme was condemned and rejected by most black community leaders, including some who had in the past given a measure of co- operation to the r~gime, such as members of the Soweto Urban Bantu Council and of Mamelodi and Atteridgeville joint advisory boards In Soweto, where the regime is planning to hold the first elections under the new system in October, influential community groups such as the Committee of Ten have decided to boycott the elections, which are expected to draw only a small fraction of voters 68/ 92 The regime has also passed new legislation aimed at strengthening existing influx control provisions, accelerating the removal of people illegally living in urban areas, and returning them to the "bantustans" Under the Prevention of Illegal Squatting Amendment Act (No 72 of 1977), penalties for "unlawful occupation of land" and for the housing of squatters on one's premises were raised, and most housing was reserved for gainfully employed persons 93 In August 1977, despite protests from the parliamentary opposition, the press, the churches, and many other groups, the regime proceeded to raze three squatters' camps near Cape Town, leaving an estimated 26,000 people homeless in the middle of winter Most of the people, who are of Xhosa origin, were given one- way tickets to the Transkei and Ciskei "bantustans", where they had no jobs, no land, and no 66/ BUF was formed by Chief Gatsha Buthelezi (KwaZulu), Dr Cedric Phatudi (Lebowa), Prof Hudson Ntsanwisi (Gazankulu) Its steering committee is composed of urban-based Africans under the chairmanship of Dr Sipho Nyembezi. (Rand Daily Mail, Johannesburg, 29, 30 November 1976; 7, 28 March 1977 67/ Rand Daily Mail, Johannesburg, 4 August 1977 68/ Rand Daily Mail, Johannesburg, 2, 4, 5 August 1977; The New York Times, 13 July 1977 The last election to the Soweto Urban Bantu Council in 1974 drew only 14 per cent of the electorate -78- possessions Those who had jobs in Cape Town were to be housed in single-sex hostel dwellings and their families were to be allowed to visit them once a year Efforts by concerned outsiders to provide even rudimentary shelters for the evicted squatters were blocked by the regime under the new legislation affecting squatters Both the Transkei and the Ciskei authorities, however, declared that they could take no responsibility for the squatters unless they were given more land by the regime to accommodate them. 69/ (1) Continued dependence of the Transkei 94. In the months since its sham "independence" in October 1976, the Transkei "bantustan" has shown that it continues to be fully integrated into the apartheid system economically and politically, and that it is totally dependent on the Pretoria r6gime for its survival Almost 70 per cent of its budget continues to be financed by South Africa. 70/ It has passed blatantly repressive legislation and detained a number of opponents under the Proclamation 400 of 1960 95 Under the Public Security Bill, introduced in May 1977, a minimum sentence of five years and a maximum of death were prescribed for any Transkei "citizen" who refused to recognize the territory's "independence", or advocated its incorporation in another country The "Minister of Justice", Mr George Matanzima, said the propagation of such a view would be regarded as treason. Some of the offences listed in the Bill are harbouring and helping "terrorists" (liable to the maximum penalty of death), and statements or acts "causing hostility between population groups" (liable to a maximum fine of R 1,000 or five years' imprisonment) Certain organizations may be declared unlawful, and persons who continue to belong to such organizations will be liable to a maximum of 10 years' imprisonment The "President" may authorize a chief to banish any person, with his family, livestock and movable property, to another area, either permanently, or for a specified period. Whole tribes or parts of a tribe may be removed by the "President" without warning whenever he considers it in the public interest Any commissioned officer will have powers of arrest for interrogation without a warrant There will be no recourse to the courts for the release of anyone so arrested. 71/ 96 The leader of the opposition Democratic Party in the Transkei, Mr Hector Ncokazi, condemned the proposed legislation as Draconian. 72/ 97 Less than 12 weeks after South Africa granted "independence" to the Transkei, the 1.3 million Xhosas living outside the Transkei found that the Pretoria r6gime was taking measures to deprive them of their South African citizenship This was despite repeated public assurances from Chief Kaizer Matanzima, "Prime Minister" of the Transkei, that no one would be forced to become a Transkeian. However, the 69/ Rand Daily Mail, Johannesburg, 10, 13, 14 August 1977; Sunday Times, Johannesburg, 21 August 1977 There are an estimated 120,000 to 500,000 squatters in the Western Cape alone, both African and Coloured. 70/ The 1977/78 budget totals R 239 million, of which R 165 million are to be met b:--a South African grant (Rand Daily Mail, Johannesburg, 23 March 1977 71/ Rand Daily Mail, Johannesburg, 13 May 1977 72/ Ibid., 21 March, 2 June 1977 Mr Ncokazi and the entire executive of his party were detained in August 1976 and released several months later -79-

Pretoria r6gime made it clear that it regards the Transkei and the Ciskei as the homelands of all Xhosas, irrespective of where they were born or where they live Xhosas born in Soweto and who had lived in Johannesburg all their lives were told by the Bantu Affairs Department (BAD) that they could no longer obtain passbooks Instead they should get their travel and identity documents from Transkei consulate officials The Transkei "ambassador" in Pretoria confirmed that the BAD was referring to Transkeian authorities all Africans who had links with the Transkei, as well as people born in South Africa who had never been to the Transkei. A spokesman for BAD in Pretoria confirmed that people living in South Africa whom the South African Government regarded as Transkeians no longer had right to South African reference papers Mr F B. du Randt, Chief Bantu Affairs Commissioner stated in March that anyone connected "culturally or otherwise" with the Transkei, though born in Soweto, is a citizen of the Transkei. 73/ 98 Despite claims to the contrary, Transkeians are still subject to all the discriminatory provisions applying to South African blacks under the apartheid system. The Department of Community Development said that government policy did not differentiate between white foreigners and black foreigners, and that therefore Transkei "citizens" visiting South Africa were entitled to use white beaches, cinemas, swimming pools, hotels and restaurants Chief Matanzima claimed that Transkei "citizens" visiting South Africa come under the jurisdiction of the Department of Foreign Affairs in Pretoria and no longer under BAD. Both these assertions, however, proved to be false. The South African Foreign Minister (then Mr Hilgard Muller) stated in Parliament that his Department acted as a liaison if necessary, but that BAD still administered Transkeians in South Africa. The Minister of the Interior, Dr Connie Mulder, made it clear that Transkeians, although classified as "foreigners", were still subject to the same laws affecting Africans The BAD confirmed that the status of Transkeians in South Africa had not changed at all 74/ 99 The only visible difference for the Transkeians since October 1976 is that they must exchange their reference books for a Transkei passport 75/ 100 Internal opposition to the sham "independence" and the policies of the Transkei authorities was shown by the rebellion against the imposition of new taxes and the continuing exodus of those belonging to other ethnic groups who were given the choice to opt out of the Transkei 101. The first budget, introduced in March 1977, imposed a "wealth tax" on the poorest people, many of whom already are used as a pool of cheap migrant labour for white South Africa. Mr Tsepo Letlaka, the "Minister of Finance", said that people whose incomes were too low for general tax had for too long been contributing too little to the exchequer A week after the budget ws introduced the Transkei administration was forced to back down because of popular opposition and reduce the new taxes by 50 per cent 76/ 73/ Sunday Times, Johannesburg, 16 January 1977; Weekend World, Johannesburg, 6 March 1977 _/ The Star, Johannesburg, 5 February 1977; Rand Daily Mail, Johannesburg, 14 February, 20 March, 15 April 1977 75/ Rand Daily Mail, Johannesburg, 20 March 1977 76/ Financial Mail, Johannesburg, 25 March 1977; The Star, Johannesburg, 2 April 1977

102. Following the so-called "independence" of the Transkei, there was a veritable exodus of people from the Herschel and Glen Grey districts to the Ciskei. 77/ As thousands moved to the new areas earmarked for them, however, it became clear that neither the South African Department of Bantu Administration, nor the Ciskei "bantustan" leaders had made any provision for them. They were settled on the empty veld with no sanitary facilities or fresh water, and no possibility to buy food except in a village some 20 miles away with no public transportation. By mid-January 1977, it was reported that the situation was completely out of hand, with shanty townships springing up all over the district, and the camps at Thornhill with over 30,000 settlers being one of more than six slum concentrations The situation at the camps rapidly developed into an appalling tragedy, with the death of at least 300 children from malnutrition, gastro-enteritis and acute dysentery Before the apartheid regime finally "agreed to contribute to a relief programme" for the squatter camps, it was reported that the death toll had reached five children a day 78/ 103. In November 1976, the "Chief Minister" of the Qwaqwa "bantustan", Mr Kenneth Mopeli, declared that the 60,000 Basotho living in the Transkei were still South African citizens despite Transkei "independence" An overwhelming number of these Basotho were reported to have signed a petition to allow them to secede from the Transkei and join Qwaqwa. Several Basotho leaders, including Chief Neo Sibi and Mr William Malefane, were detained by the Transkei authorities between September 1976 and May 1977 79/ 104 The Transkei is also facing a secessionist movement among Africans of Zulu descent in the Umzimkulu district A meeting in Orlando of residents of the area declared: "The people of Umzimkulu will fight to the last man if the government tries to impose unwanted citizenship on them." They said that during the Transkei "independence" elections, they had been forced to vote for Chief Kaiser Matanzima, the Transkei's "Prime Minister " 80/ (2) Sham "independence" of Bophuthatswana 105 Following the granting of "independence" to the Transkei, the apartheid regime has pushed ahead with its plans for the other "bantustans" Bophuthatswana has been the only other "bantustan" to officially seek "independence" The Status of Bophuthatswana Act (No. 89 of 1977), sets the "independence" date for 6 December 1977 106 Bophuthatswana's geographical situation and its relationship of total dependence to the a eid regime again denmnstrate the fraud of the "bantustan" policy The new "State" will be in six separate areas scattered across the 77/ The two areas had previously belonged to the Ciskei "bantustan" and were incorporated into the Transkei in December 1975, on condition that the inhabitants be given a free choice to move to the Ciskei. 78/ The Star, Johannesburg, weekly airmail edition, 15 January 1977; Rand Daily Mail, Johannesburg, 17 January 1977 79/ Rand Daily Mail, Johannesburg, 18 November 1976, 10 May 1977; The Star, Johannesburg, weekly airmail edition, 30 October 1976. 80/ Rand Daily Mail, Johannesburg, 8 December 1976. -8i-

Northern Cape, Free State and Western Transvaal to within a short distance of Pretoria. c7¢ thirds of Bophuthatswana "citizens" will live outside its boundaries, and one third of the people living within the territory will be non-Tswanas 81/ Over one million Tswanas living outside the territory will lose their South African citizenship in terms of the Act Hafeking, site of the Bophuthatswana legislative assembly, has been excluded from the territory, because it is a "white" town The new capital is being built 5 km. away at mabatho 82/ 107 Chief H. Maseloane, leader of the opposition Seoposengwe Party, described independence for the homeland as "suicide in South Africa - we are ejected out of those (urban) areas to start afresh in the Bundus" 83/ Despite intimidation by the Special Branch and the Bureau of State Security, the Seoposengwe Party passed a resolution rejecting "independence" and demanding that a referendum be held before the Bill was passed. The Party stated that the territory could never be truly independent when about 80 per cent of its budget was financed by Pretoria. In its election manifesto, released in Mafeking on 27 July 1977, the Party declared that "independence" represents "a fraud and a surrender of the rights of the Tswana people" 84/ 108 Even Chief Lucas Mangope, "Chief Minister" of Bophuthatswana, who had agreed to "independence", began to backtrack once the terms of "independence" became knom. In May 1977, he and his "cabinet" sent a letter to Prime Minister Vorst-r protesting the terms of the Status of Bophuthatswana Bill. The letter stated that unless the citizenship clause of the Bill and land consolidation proposals were amended, the "independence" plans would be "frustrated, as we are not prepared to accept independence at all costs" 85/ Chief Mangope requested that the regime commit itself in writing before the independence" date to amend the Bantu Citizenship Act of 1970 to allow Bophuthatswana "citizens" to regain, if they wish, their South African citizenship as defined in the Act. 86/ On 1 July 1977, Chief Mangope declared: "For us it is the question mark about the honesty with which the same government is trying to trick us into an independence which smells of fraud and disgrace81/ Secessionist movements have started among the Pedi and Ndebele in the Transvaal and the Basotho in Orange Free State. 82/ Rand Daily Mail, Johannesburg, 27 May 1977; Weekend World, Johannesburg, 27 March 1977 83/ Weekend World, Johannesburg, 27 March 1977 84/ Rand Daily Mail, Johannesburg, 13 December 1976, 27 May and 28 July 1977. Only 375,000 Tswanas have registered to vote in the "independence" election out of a total of at least one million people who are eligible. 85/ Ibid., 28 May 1977; House of Assembly Debates (Hansard) 30 May 1977, cols 8781 - 8828. 86/ The amendment proposed, however, would only defer the problem since under the Act, all Africans have to be "citizens" of a "bantustan". Those renouncing Bophuthatswana 'citizenship" would thus become "'citizens" of another, non-independent, "bantustan" -82-

"What they seem to be gunning for is an independence which will only cater for certain white people's evil dreams of continued baasskap, privilege and discrimination "Do they realize that instead of putting the seal on our eternal friendship they are rapidly and systematically turning you and us against them? ,'Do they not realize that the world is in any case against them? That time is against them? That history is against them?" Referring to the ongoing "independence" talks with the regime, Chief Mangope said: "I am not prepared to negotiate my own people's inevitable disaster or destruction." 87/ 109 However, despite the reported failure of talks with Prime Minister Vorster on the "citizenship" issue, Chief Mangope declared on 14 August 1977 that he was going ahead with "independence". 83/ B. Coloured people and Indians 110 At the same time as it has speeded up its "bantustan" policy aimed at depriving Africans of their basic rights, the regime has pushed ahead with its programme for the Coloured people and the Indians who cannot be herded into "bantustans" It may be recalled that in September 1976, the regime set up a "joint Cabinet Council" with members from the Coloured persons Representative Council (CRC) and the South African Indian Council (SAIC). The scheme had been condemned by the Coloured and Indian communities which demanded representation in Parliament, decried the exclusion of the African majority, and called for a national convention of the representatives of all the people to discuss the future government of the country ill The (Coloured) Labour Party (which holds a majority in the CRC) has boycotted the Council, arguing in the words of its leader, that "it is an exercise in futility, it has achieved nothing so far and little can be expected of it in the future" 89/ The Coloured people are "represented" on the joint Cabinet Council by three government-nominated members and two members of the minority Federal Party 112 While the regime has been able to obtain the collusion of the SAIC, an unrepresentative body which has been boycotted by the Indian community, opposition among Indians to the Council remains strong. Despite promulgation by the r6gimd of legislation seeking to compel voting in the SAIC elections, voter registration 87/ Rand Daily Mail, Johannesburg, 2 July 1977. 88/ Ibid., 15 August 1977. 89/ Ibid., 25 November 1976. -83- remained extremely low 90/ Mr M. J Naidoo, President of the Natal Indian Congress, said the Indian people were "not going to have any truck with this sham". He added that "the Congress viewed the SAIC as a device to keep Blacks arguing among themselves". 91/ 113. At the end of August 1977, the regime disclosed details of a new constitutional plan through which it intended to grant some appearance of power- sharing to the Coloured and Indian communities, while leaving the essentials of the system unchanged. The plan was submitted to the National Party caucus and to Coloured and Indian leaders, and would be presented to Parliament at the next session. The main elements of the plan are reported to be the following: Three separate parliaments for whites, Coloured, and Indians (with 185, 92 and 50 nembers respectively) each with its own cabinet and prime minister, and empowered to legislate on matters pertaining to each racial group; A State President with increased powers, to be elected by a committee of representatives of the majority parties in the three parliaments (composed of 50 whites, 25 Coloured and 13 Indians); A mixed Cabinet of 11 (6 whites, 3 Coloureds and 2 Indians), presided over by the State President, to deal with matters of common concern to the three racial groups, such as defence, railways and harbours, foreign affairs, labour, financial issues and group areas The rggime reportedly intends to enforce the plan in 1979, when the present Parliament will have run its full term. l14- Even before the plan was published, however, Coloured and Indian leaders, including members of the so-called "joint Cabinet Council", had rejected the plan on the ground that it excluded urban Africans They warned the regime that any attempt to enforce a new constitutional dispensation which ignored the urban Africans would merely lead to continued unrest and resistance The plan was also condemned as unwieldy, cumbersome, and engineered to retain ultimate power in the hands of whites 92/ 115. It may be recalled that the report of the Commission of Inquiry into Matters Relating to the Coloured Population Group (the Erika Theron Commission, appointed by the regime in 1974) was tabled in Parliament in June 1976. The Commission had made several recommendations, most importantly that the Coloured people be given direct representation in Parliament and at all other levels of government; that the Mixed Marriages Act and the racial clauses of the Immorality Act be repealed; and that job reservation be abolished. Other recommendations included: cultural 90/ The Rand Daily Mail of 17 December 1976 indicated that only about 5,000 people out of a potential electorate of 400,000 (1 1/4 per cent) had registered. The Star of 8 January 1977 put the figure by the end of December at 21,211 out of 300,000 potential voters (7 per cent) The r6gime was forced to extend the registration deadline by three months to 31 March 1977 because of the poor showing. 91/ Rand Daily Mail, Johannesburg, 17 December 1976 92/ Ibid 5 August 1977; Sundy Times, Johannesburg, 21 August 1977 -84- integration; mixed trade unions; open universities; selective reduction of separate amenities; more land purchase; trading and business rights; the abolition of the wage gap; merit selection of international sporting sides; and leaving decisions on the admission of Coloured people to sports clubs, theatres, halls and private schools to the organizations concerned. 116 The Commission's recommendations were well short of the goals of equality and full participation demanded by the Coloured community, and were dismissed by Coloured leaders as a "damp squib" which "left the vital areas of power- sharing ill-defined, falling far short of Coloured political, social or cultural aspirations" 93/ Nevertheless, in a White Paper tabled in April 1977, the regime rejected 31 key recommendations of the Commission, while adopting a number of marginal measures As the Financial Mail put it: "The White Paper places beyond all doubt that Government policy for the foreseeable future rejects any notion that the destiny of the Coloured community is charted on anything but separate lines " 94/ 117 The leader of the Labour Party, Mr Sonny Leon, said that the Government was throwing away the loyalty and support of more than 2 million people Although some points in the White Paper might ease the economic plight of Coloureds, he said, most Coloureds would reject it as a document which "merely re-entrenched white privilege" He described the rejection of the main recommendations of the Theron Commission as "a slap in the face to the Coloured people" 95/ 118 The National Chairman of the Labour Party, Rev Allan Hendrickse, said the White Paper showed that the apartheid barriers to economic and political advancement for Coloureds were still firmly in place "As far as we are concerned, the Theron Commission has wasted its time and tax-payers' money It's an 'as you were' situation," he said. He said the Labour Party would continue its fight for full equality for all race groups in South Africa. 96/ 119 The White Paper was also attacked by seven members of the Theron Commission They described direct Coloured representation in Parliament and at local level as an "urgent necessity in the present. internal and external situation," and strongly criticised the White Paper's lack of clear guidelines for the future- They also deplored the Government's rejection of those recommendations which dealt with discrimination and human dignity 97/ 120 Criticisms of the White Paper were dismissed by Mr Hennie Smit, Minister of Coloured Relations He reaffirmed that the Government's guidelines for the Coloured people were in terms of the policy of "separate development" and that the Government had never indicated that it was going to move away from that policy 98/ 93/ The Star, Johannesburg, weekly airmail edition, 13 April 1977 94/ Financial Mail, Johannesburg, 15 April 1977 95/ Rand Daily Mail, Johannesburg, 13 April 1977 96/ Ibid. 97/ The Star, Johannesburg, 17 April 1977 98/ Rand Daily Mail, Johannesburg, 13 April 1977 -85-

121. Meanwhile, the regime has intensified its implementation of racial segregation of the Coloured people and Indians Several communities of Indian traders have been uprooted from districts declared "white" areas and forced to resettle in areas-where the majority of the traders fell into bankruptcy Hundreds have been deprived of their livelihoods 122 In Johannesburg, the Indian traders of an area called Pageview which had been declared white in 1963, were served with one ejection notice after another and each time won reprieves at the last moment In March 1977, the removal was carried out despite fist fights between the Indian traders and some officials from the Department of Community Development On 22 March 1977, four Surtee brothers lost an appeal against their eviction in the Rand Supreme Court Judge Margo said, however, that the brothers were being deprived of a right to trade which is one of the ordinary rights of a citizen. 99/ 123 Similar evictions of Indian traders were carried out in Krugersdorp despite the fact that they had been trading in the area for decades, in at least one case since the late 19th century 100/ 124 In Germiston, the town clerk announced that more than 2,000 Indians would be resettled in the foreseeable future in a new group area for Indians 15 km. south of the city 101/ 125 Thousands of Coloured people were evicted from squatters' camps in the Cape Peninsula and near Johannesburg, and their homes were demolished. Although the Cape Town Supreme Court ruled in February 1977 in the case of 94 squatters that the demolitions were illegal and the shanties should be rebuilt, the regime did not stop further demolitions 102/ / 99/ Ibid., 100/ Ibid., 101/ Ibid., 102/ Ibid., 6 January, 17, 23 March 1977 27 August, 2 October, 6 December 1976. 26 July 1977 22 and 26 February 1977 See paras. 98-99 above-

C Adjustments within apartheid 126 After the outbreak of popular uprisings in several townships in the summer of 1976, the r6gime introduced some "reforms" to ameliorate conditions in the townships These, however, were merely superficial adjustments within the framework of apartheid designed to eliminate some "'unnecessary pinpricks' which had caused strong resentment, and were accompanied by increasing repression 127 In November 1976, the r~gime announced a "new deal" for urban blacks The main "reform" offered by the r~gime consisted in allowing Africans to "own" homes in urban areas for an unlimited period, to sell them and to buy other homes, and to bequeath their homes to their children. The scheme, however, was one of leasehold rather than ownership, since urban Africans cannot own the land on which houses are built Blacks "endorsed out" of the urban areas would lose their leasehold and thus their homes In the words of Mr Philip Sceales, Chairman of the United Building Society, the scheme is "dishonest" and "completely cynical", since it involves much higher costs to the new "owners" without the benefits of real ownership. 103/ 128 Moreover, the implementation of even this limited concession has lagged behind, mainly because of the regime's reluctance to finance the scheme ir Willem Cruywagen, Deputy Minister of Bantu Administration and Development, admitted in an interview in February 1977 that the scheme "remains as depressingly far from large-scale implementation as ever" 104/ Whatever efforts have been made have come from the private sector 129/ A body called the Urban Foundation was set up by a group of wealthy businessmen in November 1976 with the purpose of improving the "quality of life" of urban blacks, in particular concerning housing and community services The Foundation said that it viewed its role as purely "non-political" and that its aim was that of "transforming the country's urban black communities into stable, essentially middle-class societies subscribing to the values of free enterprise and having a vested interest in their own survival" Other business interests, including Barclays' Bank and Standard Bank, have formed a consortium to promote the electrification of Soweto and several companies have announced housing schemes for their employees 105' 130 This strategy corresponded with the view expressed by Mr Andrew Young, United States Representative to the United Nations, at a meeting with 200 businessmen in Johannesburg organized by Mr Harry Oppenheimer, Chairman of the Anglo American Corporation in May 1977: 103/ Sunday Times, Johannesburg, 24 November 1976; The Star, Johannesburg, 16 November 1976; South African Digest/Comment and Opinion, Pretoria, 4 February 1977 104/ Financial Mail, Johannesburg, 4 February 1977 105/ Ibid., Johannesburg, 11 March 1977, Rand Daily Mail, Johannesburg, 15 April, 21 May 1977; The Star, Johannesburg, 20 November 1976; The Times, London, 3 May 1977 -87-

" If enough of the majority has a stake in the system, by the time they achieve full political participation they will vote to maintain and develop it when you've got a stake in the system, you don't vote to change it or outlaw it or overthrow it " 106/ 131 These so-called "reforms" were condemned by black groups In a statement issued on 30 June 1977, the South African Students' Organization (SASO) declared that these attempts only reflected the system's ability to accommodate itself to internal and world pressures in those areas not vital to the basic pattern of domination. "In an attempt to divert us from crucial areas, there are those amongst the ruling sector who seek to modify selected and peripheral aspects of discrimination, leaving the economic power structure intact We in SASO are clear that any change with meaning in this country will necessitate redistribution of the country's resources " 107/ 132 In December 1976, the Minister of Bantu Education, Mr 11. C Botha, announced a "new deal" for African education. This included moves to combat the high drop-out rate in African schools, to provide free textbooks to pupils from standard three upwards by 1978, to increase the supply of teachers, and to create adult education centres Steps would also be taken to set up State senior secondary schools under the direct control of the Department of Bantu Education (rather than placing the financial burden on the African community, as at present) Later, it was announced that additional powers were to be granted to African school boards, and greater autonomy would be given to African universities. Residential segregation was dropped in part at the University of the North at Turfloop. 108/ 133. These measures were denounced by prominent black educationalists as a "cosmetic change" which did nothing to alter the basic reality of discriminatory schooling under the Bantu education system. 109/ 134 Similarly, the supposed new commitment of the regime to remove some discriminatory practices (the so-called "petty apartheid") was increasingly recognized as being fictitious, or, as the Johannesburg Star put it, "for export only" The paper stated: "Far from moving away from it, we are busy entrenching the worst, most hurtful type of apartheid." 110/ 106/ Rand Daily Mail, Johannesburg, 23 May 1977 107/ Ibid., 1 July 1977 108/ The Star, Johannesburg, 21 December 1976; weekly airmail edition, 31 December 1976, 8 January 1977; Rand Daily Mail, Johannesburg, 30 December 1976, 12 January 1977, 2 March 1977 109/ Statistics given by the Minister of Statistics, Dr Schalk van der Merwe, showed that in 1975 the amount per capita spent for African pupils was R41, for Coloureds R117, for Asians R230 and for whites R621. (Rand Daily Mail, Johannesburg, 11 March 1977; Weekend World, Johannesburg, 9 January 1977) 110/ The Star, Johannesburg, 18 April 1977

135 Even the few concessions made were implemented inconsistently For example, in December the Eastern Cape Divisional Council decided to open segregated beaches under its control to all races However, other beaches in the same area remained totally or partially segregated. ill/ 136. The Deputy Mayor of Johannesburg, Dr J S. Otto, announced in March 1977 that the Johannesburg Council would be asked to consider restoring "petty apartheid" to the city's parks and libraries 112/ 137 The Rand Show, South Africa's largest trade fair with important international interests, was opened for the first time to all races. HotTever, the restaurants and bars were not - unless the blacks requesting to be served could prove they were "foreign" or from the Transkei. 113/ 138. While multiracial audiences were occasionally accepted (for example, at the Brooke Theatre in Johannesburg for the musical "Black Mikado"), in most cases they were not Blacks were barred from attending the Cape Town Festival's bierfest. Black employees of the University of Pretoria were not allowed to watch a rehearsal of an opera at the University The Department of Community Development refused to let a TV show be broadcast before a multiracial audience unless a Coloured singer, Don Stanton, was excluded. 114/ 139 A further example of the real intentions of the regime is shown by the controversy generated in January 1977 when some Roman Catholic schools in the Transvaal and Cape Province admitted a number of African, Coloured and Indian students. While the total number of black students was not disclosed, it was believed to be less than 100; since the schools charge tuition, few of the country's black students could afford to enrol in them. Nevertheless, officials of the Transvaal and the Cape ordered the schools to expel the black students on threat of withdrawing their registration, closing the facilities and prosecuting the parents of the children involved. 140 Father Dominic Scholten, secretary of the South African Catholic Bishops Conference, made it clear the Catholic Church would continue with the integration of schools regardless of the Government's attitude. 115, At the end of February, however, Catholic Church officials agreed to a "moratorium" on admission of black students pending negotiations with the r6gime 116/ 1ll/ Sunday Times, Johannesburg, 26 December 1976, 9 January 1977 112/ The Star, Johannesburg, weekly airmail edition, 19 March 1977 113/ Ibid., 7 May 1977 114/ The Star, Johannesburg, 18 April 1977; weekly airmail edition, 7 May 1977; Rand Daily Mail, Johannesburg, 25 April 1977; Weekend World, Johannesburg, 10 October 1976. 115/ Father Scholten was subsequently detained (See para. 182 below ) 116/ Rand Daily Mail, Johannesburg, 21, 26 January, 23 February, 25 March 1977; The Star, Johannesburg, weekly airmail edition, 26 February 1977; The New York Times, 21, 24 January, 23 February 1977

141 At the same time, the regime has adopted tough legislation to ensure tighter government control of black labour Under the Bantu Laws Amendment Act of June 1977, amending the Bantu (Urban Areas) Act, several measures were taken to tighten up the pass laws In so doing, the r~gime rejected the recommendation of its own commission of inquiry into the penal system (the Viljoen Commission) which had found that the application of influx control regulations was the major cause of South Africa's high prison population and "a continuing source of bitter conflict", and had recommended the decriminalization and depenalization of influx control. Maximum fines for pass law offenders were increased from R 20 to R 100; pass law consultants who accept money in return for assisting Africans risk a fine of R 500 or six months' imprisonment (bona fide lawyers excluded); and the penalties for contractors who illegally import labourers into the cities from either rural areas in South Africa or from territories neighbouring South Africa were raised. 117/ 142 The decision to increase fines drew sharp attacks from many black and other opponents of the apartheid policies. The r4gime, however, ignored the protests and the calls for the total abolition of the pass laws, limiting itself to announcing that the law would be amended to no longer compel employers to sign the pass books of black male workers once a month. 118/ 143. Further measures to tighten labour influx controls were taken following the dismissal of charges against two employers accused of having exceeded their African labour "quotas" The purpose of the Environment Planning Amendment Act (No. 104 of 1977) was in fact to close loopholes in the existing legislation and to enable the Department of Planning to resume prosecutions of employers who ran foul of the 2.5:1 African-white labour "quotas" in urban areas The Financial Mail commented that the Act "showed the Government's belief that South Africa's problems will be solved by shunting Africans to the Bantustans has not been eroded either by logic or recent events" 119/ 144 At the same time, the regime has enacted legislation aimed at undermining the emergent black trade unions and directing all organized labour activity into regime-approved channels. The Bantu Labour Relations Regulation Amendment Act (No. 84 of 1977) makes provision for African workers to negotiate binding wage agreements - for the first time in South African labour history However, this is done in such a way as to strengthen the existing works and liaison committee system, a system rejected by African trade unions since it does not provide for any independent African representation. The scheme was condemned by black trade unionists as an attempt to "pull the rug from under the union's feet" and thus "to keep black workers subordinate without any power base of their own" 120/ 117/ Rand Daily Mail, Johannesburg, 10 March 1977; The Star, Johannesburg, weekly airmail edition, 12 March 1977 118/ According to figures published in early 1977 by a senior sociologist at the University of Cape Town, South Africa spends an estimated R 112,800,000 a year maintaining and operating the pass law system. (The Star, Johannesburg, 12 January 1977; Rand Daily Mail, Johannesburg, 2 May 1977) 119/ Financial Mail, Johannesburg, 25 March 1977 120/ Ibid., 2 April 1977 -90-

145. In January 1977 the Government reintroduced the Reservation of Public Amenities Amendment Bill which would give it all powers to control the admission or exclusion of people of different races to public amenities, including theatre and sports clubs, and even outdoor recreation areas such as dams and rivers The legislation could be used to prevent black sports teams playing in white leagues or to control the admission of black people to privately owned theatres A fine of R 500 or 6 months in prison is provided for contravention of the law The Minister of Community Development, Mr Marais Steyn, said the legislation would enable the Government to act against people "who acted in defiance of Government policy" 146. The Rand Daily Mail commented editorially: "So now we are to have what will be virtually tantamount to a Minister of Segregation, with extended powers to decide which races can or cannot mix together where and on what occasions What (the Government) fails to understand is that it is its own obsession and measures like this which cause tensions between the races " 121/ 121/ Rand Daily Mail, Johannesburg, 2 February 1977 -91-

IV. REPRESSION OF OPPONENTS OF APARTHEID 147 The growing resistance of the oppressed people has been met by the South African regime with an ever-increasing tightening of its security apparatus. At the same time as peaceful demonstrators were slaughtered in the streets ol Soweto and other townships, the police engaged in a massive hunt for all the real or potenfial leaders of the people. The townships were placed under virtual police occupation, and hundreds of educated Africans, whether politically active or not, were detained for long periods of time, often without any charges. Hundreds of schoolchildren disappeared after police raids and were subsequently found to be in detention. Many political prisoners were redetained after completion of sentences, placed under banning orders or banished to distant areas. Chilling reports of torture and maltreatment of detainees at the hands of the police have filtered outside the ghols The number of deaths of political detainees reached 24 since March 1976. 148. The r~gime staged several major political trials, many of which are still in progress, in an effort to convince public opinion both inside South Africa and abroad, that the resistance is the work of a few "terrorists" and that their organized networks were being smashed. These trials have invariably resulted in long prison terms for the accused. At the same time, vengeful sentences involving brutal floggings and prison terms were meted out to those, mostly adolescents, who were seized during the mass demonstrations. 149 According to a report published by the South African Institute of Race Relations in December 1976, a total of nearly 4,200 people had been charged with offences relating to the nationwide uprisings against apartheid. Of these, 1,381 had been convicted: 927 were children under 18, 528 of whom received corporal punishment, mainly five to eight cuts with a light cane. 122/ Suspended sentences were imposed on 397 juveniles. Of the adults, 182 were gaoled. The heaviest sentence was 12 years for sabotage. 123/ 150. In another report published in June 1977, the South African Institute of Race Relations stated that during the period beginning July 1976 and ending May 1977, 110 people were sentenced to a total of 666 years in trials under security laws; 94 under the Sabotage Act and 11 under the Terrorism Act. Many of those sentenced were reportedly under 18 years. 124/ 151 The total number of political detainees is not known, as the regime has consistently refused to publish names of detainees. The Minister of Justice and Police, Mr. J. T. Kruger, admitted on 19 October 1976 that 697 people were being detained for "security reasons". According to an estimate by the press, at least 122/ The number of floggings may actually be much higher: for example, the Weekend World reported on 3 October 1976 that more than 200 youths had been sentenced to cuts for attending an illegal gathering in Port Elizabeth alone. Figures for whippings are not made available by the Department of Justice. 123/ Rand Daily Mail, Johannesburg, 21 December 1976. 124/ The Star, Johannesburg, weekly airmail edition, 4 June 1977.

800 people were in confinement without criminal charges in November 1976. 125/ One hundred and thirty five people detained under the Internal Security Act were released in December 1976. In August 1977, the South African Institute of Race Relations estimated that 579 people were being held under security legislation. 126/ Pointing out the difficulty of obtaining information concerning detentions, the Rand Daily Mail stated: "What it means is that people are simply disappearing - to reappear days or months later, as accused or witnesses or, as happens to most, without any charges levelled against them." 127/ 152 Another 156 people were estimated to be under restriction orders in May in terms of the Internal Security Act. 128/ 153 At the same time, the r~gime has sought to extend its repressive powers by introducing new security legislation, making plans for a larger police force, and giving semi-legal status to the "Makgotla", the primitive "tribal courts", in urban areas. 154.. The r6gime has also extended for another year from 11 August the sections of the Internal Security Act authorizing the preventive detention of people engaging in activities "endangering the maintenance of public order" 129/ A. Detentions and bannings 155 The r~gime has continued its vindictive policy against the leaders of the people, refusing to free the political prisoners and subjecting those who were released from gaol after having completed their sentences to new and vicious repressive measures. In April 1977, the r~gime made the gesture of opening the doors of Robben Island prison to a group of reporters. The journalists were not allowed to talk to the prisoners or take pictures of them, and had to agree to submit their reports to censorship by the r~gime. On that occasion, the Minister of Justice and Police, Mr. J. T. Kruger, reaffirmed the regime's policy that prisoners on Robben Island serving life sentences for "crimes against the security of the State" would never be released. 130/ Instead, the r6gime intensified its vengeful attacks against the leaders of the people, bringing Mr. Nelson Mandela to trial before prison authorities on alleged "disciplinary infringements". 131/ 125/ The New York Times, 28 November 1976; Rand Daily Mail, Johannesburg, 9 November 1976. 126/ Rand Daily Mail, Johannesburg, 5 August 1977. 127/ Ibid. 13 April 1977. This secrecy results in terrifying cases, such as that of Mr Tembani Phantsi, arrested in October 1975 while a student at Amanzimtoti High School and held in solitary confinement for 513 days, completely cut off from family and friends. The first that the press and public knew about his detention was when he was released on 12 March 1977. The Rand Daily Mail reported on 10 June 1977 that Mr. Phantsi had been arrested again; he was subsequently banned. 128/ Rand Daily Mail, Johannesburg, 25 May 1977. 129/ Republic of South Africa, Government Gazette, 5 August 1977. 130/ Rand Daily Mail, Johannesburg, 27 April 1977. 1-l/ Ibid., 24 May 1977. -93-

156. A number of former members of the African National Congress and the Pan Africanist Congress, many released recently from Robben Island, were redetained or placed under restriction. These include: - Mr. Vusindlu Nkumane, former member of PAC, sentenced to 12 years in 1963; detained in Maritzburg in February 1977; - Mr. Elias Tsimo, of Orlando West, who spent 10 years on Robben Island; detained on 14 December 1976; - Mr. Elmon Malele, of Soweto, a former member of the ANC, one of the accused in the treason trial of 1956-1961; detained in early January 1977; subsequently died in detention; - Mr. Henry Gordon Mkgothi, of Mabopane, a former leading member of the ANC, another treason trial veteran, sentenced in 1965 to six years under the Terrorism Act; believed detained in early January 1977; - Mr. Zeph Mothopeng, former member of the National Executive of PAC, several times imprisoned, detained and banned, detained again in August 1976; and his wife Urbania, detained in November 1976; - Mr. S. R. "Mac" Maharaj, a former leader of Umkonto We Sizwe (underground arm of ANC), sentenced to 12 years in 1964 on sabotage charges, released from Bobben Island in mid-December 1976; subsequently banned and housearrested for five years under the Internal Security Act; 132/ - Mrs. Nomzamo Winnie Mandela, wife of imprisoned ANC leader Nelson Mandela and a prominent activist in the Black Parents' Association and a number of other organizations; detained for several months in 1976, then removed from her home in Soweto and banished to the remote Free State town of Brandfort on 20 May 1977, apparently because she was "involved in too many activities" which made police surveillance difficult; then arrested and charged of having violated restriction orders by having "illegal guests" at her house; - Mr. Michael Ngubeni, who served 12 years in gaol for sabotage and was placed under banning orders after his release in 1976; detained in Rustenburg in mid-February 1977 under the Terrorism Act; subsequently brought to trial in Pretoria; - Mr. Samson Ndou, former member of ANC, detained several times under the Terrorism Act, then banned; redetained in August 1976; - Mr. Tom Charlemagne, Mr Joe Mati, Mr. Ntsangani and Mr. Zola Ngini, all former Robben Island prisoners, detained on 8 June 1977. 132/ Mr. Maharaj fled South Africa in July 1977 (Rand Daily Mail, Johannesburg, 8 August 1977 ) -94-

157 Black student leaders, members of the "Black Consciousness" organizations and of black trade unions have been the targets of mass arrests. 133/ 158 For several weeks in October and November, policemen were reported to be going from house to house with school registers, arresting pupils had who had not written their examinations. Hundreds of children disappeared in the raids, while thousands more escaped to neighbouring countries. Confronted with widespread protest over the huge number of missing children, the Minister of Justice and Police, Mr. J. T. Kruger, denied that secret detentions of youngsters had taken place, and agreed to establish a special police bureau to answer black parents' questions about missing children. But the detention of a large number of juveniles was disclosed by the press. 134/ 159 Many of the detainees were held for several months, often in solitary confinement, without being charged; on their release, they were often placed under other forms of restriction or redetained. For example, Mr. Steven Biko, founder of SASO and honorary president of BPC, banned in 1973, was detained for several months in 1976, then released and held again in March 1977 on charges of obstructing the course of justice in connexion with the trial of seven students on sabotage charges. He was accused of persuading the students to change their evidence falsely. He was also charged with violating his restriction orders. Acquitted on the first charge by a judge who said the State witnesses had lied in court, he was held again on 17 August under the Terrorism Act. He died in detention three weeks later. 135/ 160. Dr. Mamphela Ramphele, Executive Director of the BPC in the Eastern Cape and head of the Zanempilo Clinic near King William's Town (a BPC project), was detained shortly after participating as one of two independent pathologists in the post-mortem of SASO leader Mapetla Mohapi, who died in detention. Released several months later, she was served with banning orders and banished to a remote village more than 1,000 km from King William's Town. 136/ 161. In December and January, following renewed demonstrations in the Cape Town townships, the police rounded up hundreds of people in an effort to smash a new group called the Comrades Movement. 137/ 162 The "Heroes' Week" celebrations which had been called by the BPC on the anniversary of Sharpeville massacre (21 March) to commemorate the "heroes and martyrs of the struggle for justice and peace" were followed by new waves of arrest. and raids on the SASO, BPC and BCP offices in a number of towns. 138/ 133/ They belonged to such groups as the Black People's Convention (BPC), the South African Students' Organization (SASO), the South African Students Movement (SASM), the Black Parents' Association (BPA) - the entire executive of these four groups being in detention by October 1976 - the Black Community Programme (BCP), the Black Research Institute, the Institute of Black Studies, the Black Renaissance Convention, and many more. (Centre against Apartheid, Notes and Documents, No.27/76. 131/ Guardian, London, 16 November 1976- The Star, Johannesburg, weekly airmail edition, 20 November 1976. 135/ See below, para. 187. 136/ Weekend World, Johannesburg, 15 May 1977. 137/ The Star, Johannesburg, 27 January 1977; Rand Daily Mail, Johannesburg, 13 January 1977. 138/ Rand Daily Mail, Johannesburg, 24 March 1977. 95-

163. The entire Soweto Students Representative Council (SSRC), including the Chairman, Mr. Sechaba Montsitsi, were detained on 12 June 1977 in connexion with plans for the comnemoration of the first anniversary of the Soweto massacre of 16 June 1976. The arrests followed harassment and arrests of student leaders, both from Soweto and from other townships. 139/ 164. On 12 July 1977, following the banning of the publicity secretary of the Black People's Convention (BPC), Mr. Thami Zani, the BPC accused the regime of launching an all-out attack to destroy the "black consciousness" movement. Mr Zani's banning left the BPC with only two executive members, and brought to 15 the number of "black consciousness" movement leaders banned since the beginning of 1977. 140/ 165 In July and August 1977, the police again arrested hundreds of people, many of them schoolchildren, in a futile effort to crush the school boycott and anti- collaboration campaign. Several members of the Atteridgeville and Saulsville SRC's, who had spearheaded the renewed boycott effort, were detained. 141/ 166, Black journalists have been a special target of repression for their courageous reporting of events in the African township. About 20 journalists, most of them black, were detained for varying periods of time following the first Soweto demonstrations in June 1976. These included Mr. Peter Magubane, a prominent photographer, who was assaulted by police in an attempt to keep him from taking pictures of the Soweto events; Mr. Percy Qoboza, editor of the World, picked up for questioning; Mr. Joe Thloloe, reporter on Drum magazine and president of the Union of Black Journalists (UBJ), one of the longest-detained persons under the Internal Security Act, redetained in March 1977 under the Terrorism Act; and several other newsmen on the World, the Rand Daily Mail, and the Star. 167 Police raided the UBJ offices and detained several of its members; the bulletin of the union was banned. Four members of the UBJ, Mr. Joe Thloloe, Mr. Mike Norton, Mrs. Judy Mayet and Mr. Rubin Nkadimeng were charged in July 1977 with producing the banned bulletin. 142/ 168 The police also raided the offices of the Southern Africa News Agency (SANA), established by opponents of apartheid to circulate objective information on the struggle of the black people and confiscated its entire records. SANA's founder, Mr. Eric Abraham, fled from the country in January 1977 after having been placed under stringent banning orders and repeatedly threatened with death by anonymous callers. i9 The r6gime's attacks against the press have caused widespread protest, both in South Africa and internationally. In December 1976, the International Federation of Journalists sent a delegation to South Africa with a formal note of protest addressed to the Minister of Information, Mr. Connie Mulder. The note stated: 139/ Ibid., 13 June 1977. 140/ Ibid., 13 July 1977. 141/ Ibid., 29 July 1977. 142/ Ibid., 4 July 1977.

"All (these) men have clearly been detained because they were journalists working in the front line of reporting the recent unrest and clearly because the State does not want the truth of its confrontations with the Black communities to be made known." The delegation stated "we feel that the South African press has been subjected to flagrant abuses by the State". 143/ 170. Inside South Africa, the detention for questioning of Mr. Percy Qoboza, editor of The World, prompted a protest statement by l4 leading newspaper editors, who stated: "If we are to read into this harassment of a respected colleague n attempt to intimidate the press as a whole, we can assure the authorities that they will be disappointed." 144/ 171. In July 1977, the renewed detentions of journalists caused protests by the Newspaper Guild of America and the Lesotho Union of Journalists. Inside South Africa, nearly 100 journalists employed by South African Associated Newspapers signed a petition to the Minister of Justice and Police, Mr. J. T. Kruger, to secure the release of their detained colleagues. The UBJ issued a statement condemning the continued harassment of black journalists, and declared: "Black reports will continue to do their work conscientiously and without fear despite this treatment. We will continue to write and to reveal the truth." 145/ 172. The regime also detained a number of black artists for long periods. These included playwright Gibson Kente; poets James Matthews and Ilva Mackay; and actors Winston Ntshona and John Kani. Mr. Zinjiva Winston Nkondo, a poet, was released in November 1976, without being charged, after spending 384 days in solitary confinement. Another poet, Mr. Sipho Sepamla, had a passport refused twice. Rev. M. E. Magina, a playwright, was served with banning and restriction orders. Other detainees included several prominent academics (such as well- known sociologist Fatima Meer who was banned and detained with her son and son-in-law for a number of months), as well as several attorneys who had served on the defence in political trials. 173. The regime also attacked trade unionists and people involved in workers' training and in research on labour conditions. It was believed that, by the end of May 1977, 30 of them had been banned or placed under house arrest; several others were detained at various times. Among the organizations affected were the Trade Union Advisory and Coordinating Council, the Institute of Industrial Education, and the Textile Workers' Union, Durban; the Industrial Aid Society, and the Urban Training Project, Johannesburg; the Metal and Allied Workers' Union, Durban and Johannesburg; the University of Cape Town Wages Commission, the Workers Advice Bureau and the African Food and Canning Workers Union, Cape Town. 143/ Rand Daily Mail, Johannesburg, 4 December 1976; The New York Times 9 December 1976. 144/ Rand Daily Mail, Johannesburg, 15 December 1976. 145/ Ibid., 2 July 1977. -97-

174. Churches and religious organizations and individual clergymen who have been vocal in opposing the r~gime's policies have also been the target of repressive measures. At the end of November 1976, the Security Police conducted a massive raid on Diakonia House in Braamfontein, Johannesburg, a building which houses several religious and welfare organizations. Hundreds of documents were confiscated in the offices of the South African Council of Churches (SACC), the Christian Institute of Southern Africa, Ravan Press, and other organizations. Several people were detained, including Mr. Barney Ngakane and Mrs. Bernadette Mosala, executive officers of the SACC In a statement following the raid, the SACC commented: "What perturbs us about the raid is that it is symptomatic of a regime which is becoming desperate because of the failure of its policies, is increasingly equating any opposition to those policies as being legally offensive ..." 146/ 175. Following the "Heroes Week" commemoration on the anniversary of the Sharpeville massacre, further massive raids were staged in Johannesburg, Pretoria and Cape Town against the offices of the South African Catholic Bishops Conference, the Christian Institute and the Ecumenical Centre. 176. A prominent Catholic churchman, Father Dominic Scholten, general secretary of the Catholic Bishops Conference, was arrested and tried for possessing and distributing banned literature. Police allegedly found a copy of "South Africa a police state?" in his office. He also allegedly tried to send a banned copy of "The Voice" to an address in Belgium and three copies of "Torture in South Africa" to addresses in the Netherlands. Father Scholten had promoted the Roman Catholic Church's decision to open its schools to pupils of all races earlier this year. 147/ 177. Security Police raided the homes of Bishop Patrick Motolengwe and Father David Russell, two leading Anglican churchmen and organizers of the Ministers' Fraternal (an interdenominational body which had reported on police brutality and involvement in the violence in Nyanga, Langa and Guguletu over the Christmas week-end). The two clergymen were later charged, together with two other church ministers, with compiling and distributing "undesirable" publications, namely the one describing police violence in the three townships and another entitled "The message for 1977 to those in authority in white South Africa". They were given fines and suspended sentences. The judge declared the pamphlets were undesirable because they were "harmful to the safety of the state and prejudicial to general welfare and order." Father Russell was later arrested at a demonstration against the removal of squatters at Modderdam Camp and released on bail. 148/ 178. Among other churchmen subjected to repressive measures were Dean T. S. Farisani, a former president of BPC, detained for several months; Rev. E. K. Legotlo, a Mamelodi priest who had conducted a Heroes Day prayer meeting in his church, detained for questioning on 21 March while his house was being searched (he had already been detained in December 1976); Mrs. Sally Motlana, 146/ Rand Daily Mail, Johannesburg, 26 and 27 November 1976. 147/ Rand Daily Mail, Johannesburg, 13 July 1977. 148/ Ibid., 21 March 1977-30 July, 12 and 13 August 1977. chairman of the All Africa Conference of Churches and vice-president of the South African Council of Churches, detained for five months in 1976 under the Internal Security Act and detained again briefly under the Terrorism Act on 21 February 1977; Mrs. Oshadi Phakathi, national president of the South African YWCA and Transvaal regional director of the Christian Institute, banned for five years under the Internal Security Act, restricted to the magisterial districts of Pretoria and Mamelodi township, and barred from participating in the activities of a number of organizations. 149/ B. Ill-treatment and torture of detainees 179. Reports of maltreatment and torture in the r'gime's gaols have continued to increase. Particularly shocking is the large number of deaths of people in police custody in the past year, testifying to the appalling brutality of arbitrary police power. 180. A compilation of press reports indicates that a total of 24 political detainees 150/ died between March 1976 and early September 1977, including two political prisoners who died in the Transkei "bantustan". 151/ 181. Following are the names of political detainees who died during the period under review, together with the circumstances of their death when available: Mr. Zungwane Jacob Mashabane, 22. A University of Zululand student from Soweto. Died in detention in Johannesburg on 5 October 1976. Relatives of Mr. Mashabane had not even been aware that he had been detained: he had disappeared after leaving home on 1 October. It was alleged that he had hanged himself in prison. Mr. Edward Mzolo, 40. Detained in Johannesburg on 1 October 1976; died eight days later. Mr. Ernest Mamasila, 35. Died in prison on 18 November 1976. Was detained under the Terrorism Act when he reported to police after hearing that they had been looking for him. Police claimed that he had hanged himself. Mr. Wellington Tshazibane, 30. A mining engineer, educated at Oxford University. Detained on 9 December as he got off a flight from Lesotho where he had been working in a diamond mine, and held in connexion with the explosion at the Carlton Centre in Johannesburg. Police alleged on 11 December that he had hanged himself at police headquarters in Johannesburg. 149/ Mrs. Phakathi subsequently escaped to Botswana with her son. 150/ The figure includes both people who were detained under security laws and those arrested in the course of demonstrations. 151/ In reply to a question in the House of Assembly, the Minister of Justice, Mr. J. T. Kruger, disclosed in February 1977 that another 117 people held on common criminal charges had died in gaol in 1976. (House of Assembly Debates (Hansard), Questions and Replies, 23 February 1977, cols. 456-466.) -99-

Mr- George Botha, 30. A Coloured school teacher in Port Elizabeth He died on 15 December, five days after being detained under the General Laws Amendment Act, allegedly after jumping six floors down a stairwell. Dr' Nabaoth Ntshuntsha, 40 Of Soweto. Detained on 14 December 1976. Died in a police cell in Leslie on 9 January 1977, after allegedly hanging himself An independent pathologist commissioned by the family refused to perform a post mortem when he found that incisions had already been performed on the body by mortuary staff The Pan Africanist Congress disclosed that he had been a PAC underground leader Mr Lawrence Ndzanga, 52. A well-known trade union leader Detained in November 1976, died in the Johannesburg Fort on 8 January 1977 Police alleged that he had collapsed and died suddenly Mr. Elmon Malele, 61. A member of the African National Congress Died on 20 January 1977 at a nursing home in Johannesburg, after allegedly suffering a stroke. He had been detained under the Terrorism Act about 10 January Post mortem was performed on 21 January, but the family was not informed and and was unable to arrange for the presence of a private pathologist. Mr Matthews Mabelane, 23. A former member of the Soweto Students' Representative Council, and son of a Soweto priest Arrested while crossing from Botswana into South Africa on 27 January 1977 and detained under the Terrorism Act. Fell from the tenth floor of police headquarters in Johannesburg while being interrogated on 15 February 1977 Mr Samuel Juli Malinga, 45 Died in Edendale Hospital, Maritzburg, on 23 February 1977, while being held under the Terrorism Act Police refused to give the cause of death, but hospital sources stated that it was because of a respiratory failure Mr Aaron Khoza, 35 Allegedly found hanging in his cell while being detained under the Terrorism Act on the night of 26/27 March 1977 Mr Phakamile Mabija, 27 A full-time Anglican youth organizer- He was said by police to have jumped to his death from the sixth floor of the Kimberley police station on 7 July 1977 while allegedly trying to escape. Mrs Dora Mabija, his mother, charged at a hearing into the death that her son had been brought back to her house by police, after being detained, to look for a certain document. When this was not found, a policeman told her son to bid goodbye to his family as he would never see them again. Mr Elijah Nkwenkwe Loza, 59 A Cape Town trade unionist, repeatedly subjected to repression by the regime Police said he died at Tygerberg Hospital in Cape Town on 1 August 1977, three weeks after suffering a stroke while being detained under the Terrorism Act at the maximum security section of Victor Verster prison Mr Loza had been in detention from 27 May 1977 and under a five-year banning order under the Suppression of Communism Act from November 1976. Dr Hoosen Haffejee, 27 A dentist at King George V Hospital in Durban. Died in his cell at the Brighton Beach police station, four hours after being detained by Security Police on 3 August 1977, allegedly a suicide by -100- hanging His brother, Mr Yusuf Haffejee, charged after a surgeon and a private doctor had examined the body, that there were at least 25 abrasions on the body, arms and legs of the dead man. He said his brother had been found with a pair of trousers so tightly knotted around his neck that they had to be cut off with a razor blade Mr Bayempin Mzizi, 62 Found hanging from a window bar in his cell at the Brighton Beach police station in Durban on 14 August 1977 Mr Steven Biko, 30 Founder and first president of the South African Students' Organization and honorary president of the Black People's Convention. Died on 12 September 1977 in Pretoria after being transferred from Port Elizabeth, where he was being held under the Terrorism Act since 18 August Police alleged that he had been on a hunger strike for eight days prior to his death An autopsy of the body was begun by authorities without the presence of an independent pathologist, who was allowed to attend only after protests by the lawyer for Mr Biko's family 182. Despite the growing list of deaths of political detainees, and the grim evidence they provide, no policeman or prison official has been held responsible 183. In the case of the torture and beating to death of Mr Joseph Mdluli on 19 March 1976 (a day after his arrest), four policemen were charged with culpable homicide, but subsequently acquitted. Following a further investigation into the causes of death, the Attorney-General of Natal decided on 25 February 1977 not to take any further action in the case on the grounds that "I have to prove beyond reasonable doubt that a particular person or persons caused his death and I have found that I do not even have a prima facie case" In his judgement at the Maritzburg trial, in which Mr Mdluli had been one of the accused, Mr Justice Howard admitted that most or all of the injuries which caused Mr Mdluli's death were inflicted by the Security Police, but he could not make a positive finding on this 152, 184. At the inquest into the death of Mr George Botha, the magistrate found that the death injuries were not caused by any act which amounted to an offence committed by any person. Concerning wounds on Mr Botha's body, described by a government pathologist as having occurred, probably two hours before death, the magistrate said the court could not find who was responsible 153! 185 A Johannesburg magistrate found that nobody was to blame for the death of Mr Elmon Malele who had allegedly suffered a stroke while being questioned by the Security Police in :onnexion with a sabotage charge Medical evidence givcn at the inquest purported to show that Mr Malele had died in a hospital eight days later of "hypertension and spontaneous haemorrhage" 154/ 186. At the inquest into the death of Mr Aaron Khoza, a Martizburg court ruled that the detainee had committed suicide Mr Harry Pitman, M.P for the 152/ Rand Daily Mail, Johannesburg, 26 February, 19 July 1977 153/ Ibid., 12 May 1977 154/ Ibid., 8, 14 July 1977 -101-

Progressive Reform Party, who appeared in court for Mr Khosa's family, declared that the evidence of the prison authorities was surrounded by conflicting points and the investigation had proved unsatisfactory 155/ 187 In fact, the regime has shown its determination to exonerate the police in every circumstance Despite growing protests about the escalating number of deaths, the Minister of Justice and Police, Mr J T Kruger, has constantly refused to appoint a judicial commission of inquiry as demanded by the opposition parties and the English press 188. In a special press conference on 23 February 1977 called to answer protests, he declared that everything was being done to prevent "suicides" among detainees, and that he had instructed the police to conduct interrogations in first- floor rooms or rooms with barred windows He also disclosed that other measures were being contemplated, such as the use of leg-irons, strait-jackets and the wearing of clothes which could not be made into ropes 156/ Earlier, Mr Kruger had dismissed complaints about the high number of deaths by telling an interviewer that deaths were occurring among "hard-core ANC members" who were under instructions to commit suicide rather than be interrogated. 1/51 Police responsibility for the deaths was also disclaimed by Gen. Hendrik van den Bergh, head of the Bureau of State Security (BOSS) He declared in a television interview that "no police action beyond arresting him (a detainee) and informing him of a detailed knowledge of his misdeeds and conspiracy, could have unnerved him and led him to suicide" 158/ 189 The evidence presented in several trials and the accounts by many detainees after their release show, however, that torture and brutal attacks against people in police custody, and coercive methods to extract "confessions", form a general pattern in the regime's gaols 190. Accounts of torture and maltreatment of detainees and political prisoners over a number of years were confirmed in a report published by the Christian Institute of Southern Africa under the title "Torture in South Africa" in April 1977 Further evidence was collected by the Rev Paul Oestreicher, chairman of the British section of Amnesty International, during a visit to South Africa and Namibia. He stated he had received affidavits from former prisoners showing that torture had become part of the system. He charged that there had been cases "where people have been systematically tortured to provide information and others where it had been used purely for intimidation" Rev Oestreicher said he had been told of electric shock treatment, blindfolding, hooding and suspension from a pole with arms and legs tied. i_ / 191. Reports of assault and beatings during interrogation and while in detention have often come from juveniles A recent case was that of about 100 high school 1ZJ Ibid., 13 July 1977 156/ Ibid., 24 February 1977 157/ Ibid., 27 January 1977 158/ South African Digest/Comment and 0pinion, Pretoria, 11 M arch 1977 122 The Times, London, 30 October 1976; Rand Daily Mail, Johannesburg, 8 November 1976. -102- pupils in Lenasia (the Indian township near Johannesburg) who were picked up in groups by Security Police in May 1977, two months after having attended a meeting with Soweto students and joined the South African Students' Movement On 29 May, a group of angry parents and teachers charged that the pupils, mostly between 14 and 19 years old, had been beaten up by police during interrogations, some so badly that they needed medical treatment A doctor who had treated several pupils stated that his own son had been repeatedly punched on the head and in the stomach, and that his head was bashed against the wall several times 160/ 192. In another case, a lO-year-old schoolboy (police said he was 13 years old) was kept in police custody for 77 days His mother declared in an affidavit that, at the time of arrest, three policemen had assaulted him before throwing him into their vehicle and that his face was so swollen that he could not eat when she visited him in detention. 161/ 193. Two high school boys from Duduza township near Nigel - Solomon Rakosa, 20, and John Msinga, 19, told a special court judge on 23 February 1977 that statements they made before a magistrate were dictated by the police. They and nine others had pleaded not guilty to charges of burning a beerhall, buses, schools, cars and East Rand Administration offices in June 1976 John Msinga said he was assaulted by a black policeman who punched and trampled over him until stopped by a white He was then read to from a book and told to repeat it in his statement to the magistrate. Another Duduza student, Charles Mazibuko, testified in court that he was taken to the Springs offices of the Security Police where he found a colleague, Maurice Mokoena, bleeding from-the mouth. He had a rag tied round his neck and was crying. "A Sargeant Prins hold Mokoena to explain to us what had happened to him. Mokoena then told us that we should tell the truth or otherwise we could be killed." Mr Mazibuko then was taken to a different office where he was told that he should repeat a statement read to him by police before a magistrate "if he did not want the same medicine that Mokoena got" Mr Mazibuko said he complied with the police "after an African policeman had told him that if he did not do so he would pull his private parts with pliers until they reached his knees" 162/ 194. Six Africans appearing on a sabotage charge in October 1976 showed a Johannesburg magistrate marks on their arms, backs and legs from injuries inflected on them by Security Police while in detention. All charged that Security Police had taken statements from them after assaulting them on various parts of their bodies Two men said they had received hospital treatment for broken jaws after being assaulted, and one said his genitals had been injured. 163/ 195. Allegations of torture and statements given under duress were also given in the trial of five Africans in Witbank on sabotage charges in February 1977 The defence charged that one of the accused had been given shock treatment, and L6Q/ Rand Daily Mail, Johannesburg, 30 May 1977 161/ Ibid., 18 January 1977 162/ Ibid., 24, 25 February 1977 163/ Weekend World, Johannesburg, 17 October 1976 -103- another had his legs lifted above his head and his arms tied together behind a pole which was placed behind his knees 164/ 196 At the trial in Pretoria Regional Court of 48 Mamelodi men and students on charges of public violence in December 1970, 8 of the accused charged they were assaulted or threatened with assault and told what to say in their confessions to a magistrate 165/ 197 Miss Thenjiwe Mtintso, a reporter on the East London Daily Dispatch, described how, at an inquest into the death of Mr Mapetla Mohapi, the detained SASO leader, the Special Branch had lied to her that her two-year-old son had been killed. She said she had been assaulted frequently while in detention. Captain R. Hansen, head of the King William's Town Special Branch, had throttled her with a wet towel in a cell, saying: 'Now you see again how Mapetla died." 166/ 198. An unidentified witness, reportedly a prominent SASO and BPC member, testified before the Cillie Commission of Inquiry in February 1977 that he had been forced, by physical torture and round-the-clock interrogation, to implicate Mrs Winnie Mandela in his statement on the uprisings The witness stated he gave the police the statement they wanted after he had been held for four weeks in solitary confinement and had been interrogated for two weeks 167/ C Police violence 199 The regime has thrown a blanket of silence over the brutal suppression of demonstrations by the police The Minister of Justice has refused to supply information requested by Members of Parliament about the numbers of dead and injured in the demonstrations, on the grounds that it would be "unfair" to the Cillie Commission investigating the unrest 168/ Moreover, as indicated below (see paras 270-272) the regime has enacted legislation indemnifying the State from any claims of damages arising from police action. 200. A number of accounts have been given of the incredible brutality of the police in suppressing peaceful demonstrations 201. Mr Isaac Seko, convicted of the Carlton Centre explosion, described in court how police repression at the funeral of Jacob Mashabane, who died in detention, had been "the last straw" which had led to his political involvement: 164/ Rand Daily Mail, Johannesburg, 2 February 1977 165/ Ibid., 4 December 1976. 166/ Ibid., 17 March 1977 167/ Ibid., 16 March 1977 168/ Ibid., Johannesburg, 17 February 1977 A report published by the South African Institute of Race Relations (SAIRR) on 11 May 1977 and compiled from police casualty lists, newspaper accounts, and files of the South African Council of Churches and the SAIRR indicated that at least 617 people had been killed during the demonstrations The actual figure, however, is estimated to be much higher -104-

"Hundreds had gathered round the graveside. Several cars then drove up, vigilantes of the maintenance of law and order no doubt They alighted from the cars and triggers were pulled. "People scattered, whilst others were brought down, some dead, some wounded. Those who managed to scale the security fence, were gunned down by a contingent outside the cemetery "When the crowd scattered, myself and a few remaining were forced at gunpoint to carry the dead and injured to cars and vans nearby " 169, 202. The Rand Daily Mail described a police attack against schoolchildren as follows: "Eye-witnesses said police arrived at Mara Higher Primary School (near Soweto) at about 1 p.m., shortly after break. Pupils were in their classes when a white Valiant car drove through the open gates bearing police in camouflage uniform. "The police got out their car and stood outside When the pupils spotted them pandemonium broke out Frightened pupils jumped through windows in a frenzy, and ran towards the sports field. "The police drove towards the sports field. The pupils then turned back in confusion. Then shooting broke out The school fence was trampled flat by the frantic schoolchildren. The police drove over the fence in pursuit of them. "Minutes later a student was lying dead While fellow pupils were trying to move him from where he had fallen, police again opened fire, residents said Several were wounded as they fled." 170/ 203. During the anniversary commemorations of the Soweto massacre, the police carried out brutal attacks against the mourners The Rand Daily Mail gave the following description: "At Regina Mundi Catholic Church, Rockville, the Donaldson Community Centre, Orlando and Sesikeng, Meadowlands, police fired teargas at thousands of people for no apparent reason as they streamed out of the centres "At Regina Mundi, as about 5,000 people who had attended the five-hour service started filing out of the church, police, who had massed nearby, started taking position. Many of the people, mostly students, were dispersing. "Police then started shooting teargas into the crowds, causing near-chaos Women were seen to scale high fences around the church Some fell, and were trampled by those coming behind them. 169/ Rand Daily Mail, Johannesburg, 7 May 1977 170/ Ibid., 1 October 1976. -105-

"There was a near stampede in the church as the teargas drifted inside The air thick with teargas smoke, people rushed out Police then fanned out into the townships and fired teargas indiscriminately at people in the streets and the yards of houses "As reporters watched, a police car stopped near a house and fired teargas at people who were in their yards The people ran into the house and the police followed Moments later, the police rushed out and fired teargas at several reporters near the scene " 171/ At least two persons died and nine were injured in these attacks 204. An appalling result of police brutality in suppressing the student demonstrations in Soweto was the unknown number of children who were partially or totally blinded or otherwise maimed by the use of birdshot In December 1976, a doctor at St John Eye Hospital, Baragwanath, disclosed to the press that at least four Soweto children had been partially or totally blinded, and a fifth had lost the use of his left arm, because of birdshot fired by the police He reported that several other children had been treated at Baragwanath for eye injuries; the average age of the children was 12. The children had been fired on either from "hippo" trucks or police cars in separate incidents in Soweto Since the disclosures were made, Transvaal hospital authorities have consistently refused to confirm or deny the allegations, claiming that information about patients was confidential and that any information connected in any way with the riots must come from the police Instead, they began an investigation to discover the identity of the doctor involved. The South African Medical Association decided in January 1977 to ask its Opthalmological Society to investigate the case: however, the results of the investigation would be kept secret and would be released only to the government departments concerned and/or the Cillie Commission. The police, in turn, have said they have no information about the blindings since no one had complained to them and they have refused to carry out an inquiry Gen. Dawie Kriel, Deputy Commissioner of Police, even claimed that birdshot had been found to be "the gentlest method" in dealing with demonstrations Despite police denials, however, the press published names of several people, mostly children, who had suffered severe eye injuries from birdshot fired by police Some others had been injured by buckshot, although police continue to deny that buckshot was being used as a crowd control method. 172/ 205. In its fury against all those opposing the policies of the r~gime, the police constantly resorted to wanton attacks and vigilante-style tactics aimed at terrorizing the population. Several such instances were brought to light in the courts and before the Cillie Commission 206. Three policemen appeared in the Johannesburg Regional Court in January 1977 on 17 charges of assaulting Africans, pointing firearms at them and damaging their property In one case, they were accused of threatening the person involved "if you open your mouth about what's happened here, your're dead tonight" They were accused of hitting several people with their fists, boots or with sharp objects In one case, they were accused of burning a man in the face with hot wax, hitting 171/ Rand Daily Mail, Johannesburg, 17 June 1977 172/ Ibid., Johannesburg, 23, 24 December 1976; 12 January, 14 February 1977; The Star, Johannesburg, 12 January 1977; Weekend World, Johannesburg, 2 January 1977; Sunday Times, Johannesburg, 2 cember 1976 -106- him with the barrel of a gun, a chain and a steel frame, kicking him, grabbing him and treading on him. 173/ 207 Mr Robin Evans, a Coloured school teacher, described in Cape Town Magistrate's Court (where he was acquitted of a charge of public violence) how he was beaten by the police with batons until he was half-dazed and booted while he lay on the ground. The police, he said, stopped beating him when a senior officer warned them that a photographer was present While sitting in the police van, his face bleeding profusely, policemen poked batons at him through the van's wire mesh sides At the police station he was tripped and made to crawl to the charge office where he and another teacher were arrested and made to stand with their heads bowed 414/ 208. At hearings held in Nyanga by the Cillie Commission concerning the Christmas 1976 violence, several people described the police violence and police support for attacks by migrant workers on local residents A 68-year old man told the Commission he saw police drag a man "like a dog" from a house and hurl him to a group of migrant workers armed with axes and a bayonet The man was attacked and he later died. The witness himself was shot by police in the arm when he tried to throw rocks at the attackers 175/ A mother of seven told the Commission how a police van drove past her without stopping while she was being repeatedly attacked by migrant workers She heard someone say, "maak haar dood" (kill her) Another Nyanga resident stated he had seen migrant workers, armed with irons, axes and bayonets, about to attack local residents When the police arrived, the residents turned and fled "because the police rushed up to us and wanted to shoot us" 176/ A young woman told the Commission that she saw her mother beaten up by migrant workers in front of two policemen When she ran to help, she was beaten unconscious Her mother died the next day 177/ 209. When inquests were carried out into the killing of demonstrators, the courts invariably judged that no one was to blame for the deaths Here are a few examples gleaned from the press: - On 6 December 1976, an inquest magistrate in Port Elizabeth stated that the policemen who had shot and killed 23 Africans during demonstrations were only doing their duty "The police should be commended on their conduct", he stated, adding that the officers concerned had acteds "friends of the public in a protective capacity" - On 7 December 1976, Mr G Redelinghuys, a student constable of the Railways Police, described in a Johannesburg Magistrate's Court how he had killed Mr Nogouentu Majola with a machine gun on 8 August 1976 in Soweto. The magistrate found that he had acted in self-defence and was not to blame for the death 173/ Rand Daily Mail, Johannesburg, 19 January 1977 I174/ Ibid., 6 December 1976 175/ Ibid., 21 June 1977 176/ Ibid., 18 June 1977 177/ Ibid., 25 June 1977 Other descriptions of the role of the police in burning-s and killings in Nyanga were collected by the Ministers' Fraternal of Langa, Guguletu and Nyanga. (See Centre against Apartheid, Notes and Documents No 6/77, February 1977 ) -107-

- On 13 January 1977, a Johannesburg magistrate found that Constable F Maloka of the Railways Police was not to blame for the death of Mr Boy Charles Mazomba, 18, shot to death while allegedly trying to sabotage a railway line on 14 September 1976 - Christiaan Sevenster, a Railways Warrant Officer, told a Johannesburg magistrate on 31 January 1977 that he had fired shots at a stone-throwing crowd, killing Godfrey Khambule, 12, and Mandla Xhumalo, 22, on 24 August 1976 near Soweto- The magistrate found that no one was to blame for the deaths - A Johannesburg magistrate found on 1 March 1977 that no one was to blame for the death of Mr Jacob Nkofu in Soweto on 29 August 1976 Mr Nkofu was shot to death by riot squad constable Jacob Matsaneng, allegedly in "self-defence" On 3 March, the same magistrate ruled that police constable Jan Harm Pietersen, was not to blame for the deaths of Patrick Ndlala Nkosi and David Doctor Koalane, shot in the Soweto demonstrations on 23 and 24 August 1976 - A magistrate at Johannesburg Regional Court stated on 20 June 1977 he could not give findings in the shooting deaths of 26 people because the circumstances of the deaths could not be established. Either the persons who did the shooting or the circumstances under which the shooting had taken place had not been established. - Another Johannesburg magistrate found on 30 June 1977 that police could not be blamed for the deaths of four people, all killed as a result of police shooting during the 1976 uprisings He ruled the killings had been "justifiable homicide" - At an inquest at Protea Magistrate's Court into the deaths of 114 people killed in Soweto between 16 and 19 June 1976, the magistrate ruled that the police had acted "judiciously" when they fired at the demonstrators He said that if the police had not acted "with restraint", more people would have been killed. - On 12 August 1977, a Johannesburg inquest magistrate found that no one was to blame in the shooting death of Mr Sydney Khaje at the funeral of Mr Jacob Mashabane, who had died in detention, at Doornkop cemetery in October 1976 A Johannesburg traffic officer described at the inquest how Mr Khaje was killed while in his car when police started shooting at the crowd attending the funeral Police claimed the shooting was justified since the funeral had turned into a public gathering and such gatherings had been forbidden by the Minister of Justice and Police 178/ 178/ Rand Daily Mail, Johannesburg, 7, 8 December 1976, 14 January, 1 February, 1, 4 March, 21 June, 1 July, 2, 13 August 1977 -108-

D. Trials of opponents of apartheid 210. During the period under review the apartheid regime staged a number of major political trials of members of the "black consciousness" movement and of people accused of being members of banned organizations. As sabotage and underground activity increased, hundreds of persons have been charged under the Terrorism Act, which provides for the death penalty 211. In January 1977, the Minister of Police claimed in an interview with To the Point that a number of top ANC leaders had been arrested by Security Police in swoops throughout the country He said 52 "terrorist" trials would take place for a total of 386 people. The three biggest trials would take place in Port Elizabeth, where 137 people were awaiting trial. Another 12 trials would be held in Johannesburg, 7 in Pretoria, 5 on the East Rand,>Jin East London, 3 in Maritzburg, 2 in Durban, 2 in Kimberley, 3 in Bloemfont~in, 1 in the northern Free State, 3 in south-western districts, and 2 in the Eastern Transvaal. 212 Brigadier P J Coetzee, Deputy Chief of Security Police, confirmed in June 1977 that a major investigation into suspected activities of the PAC was taking place, with a view to bringing to trial people suspected of being members of the underground PAC. 179/ 213. Some of the main political trials initiated or brought to conclusion in the period under review are briefly described below214. Torture and assault of prisoners and witnesses, until they made a statement considered "acceptable" to the police has been a common feature of these trials Most state witnesses were so brutally coerced that they should rightfully be considered victims of, rather than witnesses for, the State1. "i.lach consciousness" trial of leaders of the South African Students' Organization and the Black Peoples' Convention 215 One of the longest-running trials held under the Terrorism Act was that of nine former officials of the South African Students' Organization (SASO), the Black Peoples' Convention (BPC) and the Students Representative Council (SRC) of the University of the North, Turfloop. The trial began in August 1975 18Q/ 216. The nine accused were Mr Sathasivan Cooper, 25; Mr Justice Edmund Lindane Myeza, 25; Mr Mosiuoa Gerard Patrick Lekota, 28; Dr Maitshe Nchaupe Aubrey Mokoape, 31; Mr Nkwenkwe Vincent Nkomo, 23; Mr Pendalani Jeremiah Nefolovhodwo, 29; Mr Gilbert Kaboroane Sedibe, 25; Mr Absolom Zithulele Cindi, 26; and Mr Striniwasa Rajoo Moodey, 29. 217 The State alleged in its indictment that the accused conspired to commit acts intended to bring revolutionary change in South Africa. This was, however, only 179/ Rand Daily Mail, 23 June 1977 180/ An earlier report on this trial was given in the previous report of the Special Committee, General Assembly Official Records, Thirty-first Session, Supplement No. 22 (A/31/22), vol. II, pp. 24-25. -109- assumed through inferences drawn from statements, written articles, poems, and official SASO and BPC newsletters As the Rand Daily Mail of 16 December 1976 remarked: "A novel aspect of the trial and probably one of the reasons for its length is that no acts of physical terrorism or recruitment for military training are alleged by the State. A major issue in the trial has been the interpretation of Black Consciousness philosophy and 'conscientisation' as practised by the organizations " 218. In a 260-page judgement handed down in late December 1976, Judge Boshoff found the first six men guilty on two counts under the Terrorism Act and sentenced each of them to a total of 10 years' imprisonment Four years of the sentence on the second count were to be served concurrently with the first five- year sentence, making an effective six-year sentence The remaining three men were each sentenced to five years 219 Dr Mokoape, one of the accused, told the court that they had, over the years, "spoken out against the humiliation of the pass laws, the agony of migratory labour, the horror of innocent black children dying of starvation and the scars inflicted by such incidents as Sharpeville and Langa" "No one inside or outside this court," he said, "had disputed the basic truth of their utterances " After the sentence was handed down, one of the nine, Mr Myeza stood on the dock and shouted: "We can lose a thousand times, they can only lose once." 181/ 2 Trial of 10 members of the African National Congress in Pietermaritzburg 220. Ten persons detained in Natal between December 1975 and March 1976 were charged in the Pietermaritzburg Supreme Court on 14 May 1976, under the Terrorism Act and Suppression of Communism Acts, with underground activities for the ANC. They were Messrs. Themba H. Gwala, 55; William F Khanyile, 40; Anton N Xaba, 42; Azaria Ndebele, 40; John V Nene, 32; Vusimasi T. Magubane, 32; Matthews N Meyiwa, 51; Zakhele E Mdlalose, 51; Joseph N Nduli, 35; and Cleopas Ndhlovu, 42. The trial was marked by repeated evidence of police brutality and maltreatment of the prisoners. 221. Mr Joseph M. Mdluli, alleged to have played a major role in the recruitment of youths for "terrorist training" was to have been one of the principal defendants in the trial. Mr Mdluli, however, died in police custody on 19 March 1976, the day after he was arrested. 222. All the accused charged ill-treatment and torture during interrogation Six of them sued the Minister of Police for assaults while in detention. 223. Mr- Gwala, giving evidence in his own defence, alleged incessant interrogation while suffering from asthma and threats of assault aimed at forcing him to make a statement that would be "satisfactory" to the police officers. 189/ 181/ Rand Daily Mail, Johannesburg, 22 December 1976. 182/ Rand Daily Mail, Johannesburg, 4 December 1976; Weekend World, Johannesburg, 5 December 1976. -110-

224. Mr Frans Kunene, a witness for the State, admitted under cross examination that a statement he had made earlier was false and had been signed under duress Shortly after Mr Kunene left the court, the trial was interrupted by his screams as two Central Intelligence Department policemen tried to arrest him. 183/ 225. Mr George Muller, arguing for the defence, submitted that evidence given during the trial had been inconsistent and given in a variety of ways showing that witnesses had been indoctrinated by the Security Branch. He further pointed out that much of the documentation used in evidence did not correspond to the ANC principles and thus appeared to be a fabrication by the police. 184/ 226. The trial was concluded on 25 July 1977 with vindictive sentences Mr Gwala, Mr Xabe, Mr Nene, Mr Meyiwa, and Mr Mdlalose, received life terms Mr Magubane was sentenced to 15 years on one count "of participating in "terrorist activities" and 10 years on a second count for a similar offence, seven years of the second count to run concurrently with the first; Mr Ndhlovu to 10 years on one count of participating in "terrorist activities" and 10 years on a second count, five of which are to run concurrently; Mr- Ndebele to seven years Mr Khanyile was earlier found not guilty and discharged. 227 In passing sentence, Mr Justice Howard referred to the past convictions of the accused on sabotage and other charges "There appears to be no prospect of reformation in these cases, and the interests of society require that they should be removed from the scene permanently," he said. 185/ 228. The nine men were subsequently refused leave to appeal on the grounds that "none would have a reasonable chance of success" 186/ 3. Trial of 12 members of the African National Congress in Pretoria 229. Eleven men and a woman appeared on 9 May 1977 in the Pretoria Supreme Court, on charges under the Terrorism Act and the Internal Security Act. The men, who were in leg-irons for their appearance in court, were: Mosima Gabriel Sexwale, 24; Naledi Tsiki, 21; Lele Jacob Motaung, 44; Simon Samuel Mohlanyaneng, 23; Elias Tieno Masinga, 24; Martin Mafefo Ramokgadi, 67; Joe Nzingo Ggabi, 48; Petrus Mampogoane Nchabeleng, 50; Nelson Letsaba Diale, 41; Michael Mpandeni Ngubeni, 42; and Jacob Gaonakala Seatlholo, 47 Miss Paulina Mamagotla Mohale, 26, also appeared with them. 230. The twelve, described by the prosecution as "the backbone of the black revolutionary underground", were accused of being members or active supporters of the African National Congress, Umkonto We Sizwe ("Spear of the Nation"), and the 183/ Rand Daily Mail, Johannesburg, 24, 25 February 1977 184/ Ibid., 4 December 1976. 185/ Ibid., 26 July 1977 186/ Ibid., 29 July 1977 -111- South African Communist Party They were accused of taking part in various "subversive" and revolutionary activities between 1962 and 1977 and in particular of organizing a scheme to smuggle young Africans out of the country for military training abroad, and bringing them back into the country along with arms, ammunition and explosives which were stockpiled at "bases" in the African townships They were also charged in connexion with a hand grenade attack on a police van near the Swaziland border in November 1976. L 7/ 231. The State's key witness, Mr Ian Deway Rwaxa, during the first four days of his testimony, gave evidence allegedly linking each of the defendants to the Soviet Union and China. In a dramatic turnabout, on the fifth day of his testimony, Mr Rwaxa described his ordeal at the hands of the Security Police in order to force him to testify against the defendants He told the court of having spent three months in solitary confinement, cut off from his family, friends and even police. Then he was taken to see his son and given money, and he was told that if he co-operated, he would get more. If he did not co-operate, he would never see the child again. The next three months he saw the police every day He was beaten daily, strangled, suffocated, tortured and kept naked in the cold cell. 232. After Mr Rwaxa recanted, the judge advised him that he could be charged with perjury Mr Martin Garbus, a New York lawyer who observed the trial, asked one of the lawyers whether that was likely The lawyer replied as follows: "No, I don't think he will be charged. I don't think he'll ever see a courtroom again. I don't think we'll ever see him alive. Remember, he remains with the police and he now can be charged as an accomplice, but that won't happen either It took enormous courage for him to do what he did. He knows he may never been seen again." 18 233. Another witness, Mr Elias Tsimo, retracted in court a statement which he had made to the police incriminating Mr Ramokgadi, one of the accused who was alleged by the State to be the kingpin of the Johannesburg ANC. Mr Tsimo, a former Robben Island prisoner, had been detained in December 1976, held in solitary confinement and subjected to third-degree torture until he made the false statement. He described in court how he was made to stand for a day and night with his hands cuffed behind his back, and given shocks His wrists had been hurt in the torture, so much so that he was unable to use his left hand for three months. He also suffered cuts on his tongue and inner cheek. In addition, he said, his interrogators had tried to frighten him by showing him pictures of Dr Nabaeth Ntshuntsha, a political detainee who had died in detention, hanging from the window bars in his cell. 189/ 234. Mr Alpheus Ramokgadi, nephew of the accused and a witness for the prosecution, stated in court that he had been held in solitary confinement for seven months, without access to his family and without being told before his court 187/ Rand Daily Mail, Johannesburg, 28 April, 10 May, 20 June 1977; The New York Times, 29 June 1977 188/ Martin Garbus, "Report to the International League for Human Rights on Recent Political Trials in South Africa", July 1977 189/ Rand Daily Mail, Johannesburg, 29, 30 July 1977 -l12- appearance whether he would be a witness or an accused. He was not told he would be required to give evidence against his uncle 190/ 235. Another State witness was a 14-year old boy who was kept alone in a police cell at Sunnyside for seven months before being brought to court to give evidence. 191/ 236. The trial continues. 4 Trial of six members of the African National Congress in Springs 237 Six alleged members of the ANC were tried in a special court in Springs on charges under the Terrorism Act The six men, all of Soweto, were: Mr Mawhidi John Phala, 50, a messenger; Mr John Afheli Thabo, 37, a messenger; Mr Letsie Ben Mashinini, 34, a messenger; Mr Solomon Musi, 25, a clerk; Mr Bafana Vincent Nkosi, 20, a student; and Mr Philip Khoza, 55, a clerk. The charges were made in connexion with two bombing incident; in January 1977, namely, the finding of a bomb on a bridge on the Johannesburg-Vereeniging railway line, and an explosion which destroyed Mr Khoza's house in Klipspruit, Soweto. The men were variously accused of involvement in a plot to blow up the bridge, hiding weapons and ammunitions, manufacturing bombs and training others in the manufacturing or use of explosives 192/ 238. The trial continues. s31 190/ Rand Daily Mail, Johnnne burg, 2 A11guLit 1977 191/ ibid., 9 August 1977 192/ Ibid., 17 June 1977 -113-

5. Other trials of ANC members 239. Mrs. Esther Maleka and Mr. David Thate, both of Soweto, were accused of recruiting trainees for the ANC army of liberation and sentenced in December 1976 to five years' imprisonment. 193/ 240. Four educators - Mr T G- G- Mashamba, a 32-year old former lecturer, Mrs Happy J Mashamba, 27, a teacher, Mr Percy Tshabalala, 41, a teacher, and Mr Sibusiso J T D. Ndebele, 28, a librarian - were charged in October 1976 with ANC recruiting activities A state witness, Mr L. T Mabaso, who had earlier declined to give evidence "on principle", told the court that he knew Mr and Mrs Mashamba and had only discussed "homeland" policies with them. After arguments for the State and the defence the hearing was postponed. 194/ 241. In another trial in a special court at Randburg, three men from Soweto were charged on 1 February 1977 with allegedly furthering the aims of the ANC and possessing explosives The men are Messrs Stanley Ngobizizwe Nkosi, 30, Peter Motlhanthe, 35, and Joseph Mosoeu, 45. The first two men were sentenced to five years on each of three charges, two of which would run concurrently Mr Mosoeu was acquitted for lack of evidence 195/ 242. Mrs Rita Ndzanga, 43, a trade union leader, and Mr Khehla Cleopas Shubane were charged with inciting or assisting 12 youths to undergo military training Mrs Ndzanga was acquitted after a defence application that she had no case to answer due to lack of evidence. Mr- Shubane was however sentenced to five years' imprisonment 196/ 243. Mr Jan Malatji, 26, and Mr- Kerwin Zwane, 26, were sentenced to 18 months' imprisonment for allegedly furthering the aims of the ANC. It was alleged they distributed ANC pamphlets and attended a meeting to recruit people for training. 197/ 244. Mrs Edith Mbala, 52, a switchboard operator from Daveyton in the Transvaal, was sentenced on 1 March 1977 for three years in a trial held in the Johannesburg Regional Court She was alleged to have photocopied, with intention to distribute, an ANC pamphlet. 6. Trial of three members of the Pan Africanist Congress in Grahamstown 245 Mr Walter Tshikila, 43, and two youths, Joseph L Madyo, 18 and Penrose V Ndwandwa, were tried in the Supreme Court in Grahamstown in March 1977 for alleged offences under the Terrorism Act. Mr Tshikila, who had spend six years in gaol for "political offences", was charged with inciting and persuading his 193/ Ibid., 16 December 1976. 194/ Ibid., 25 October 1976, 4 February, 2 March 1977 195/ Ibid., 9, 10 June 1977 196/ Ibid., 17 June 1977 197/ Weekend World, Johannesburg, 23 March 1977 co-accused to undergo military training outside South Africa for the Pan Africanist Congress. He was sentenced on 1h March to 13 years' imprisonment while the two youths received the mandatory minimum of five years 198/ 7 Trial of three leaders of the Pan Africanist Congress in Campdown 246. Mr. Stanley Pule, Mr- Morgan Gxekwa and Mr Isaac Lolwane Mnikwa appeared on charges under section 6 of the Terrorism Act in the remote country town of Campdown in Natal on 17 October 1977 All three were accused of undergoing military training at bases of the Pan Africanist Congress abroad, of infiltrating back into South Africa over the past two years, and of starting guerrilla bases inside the country at which they trained recruits of the Azanian People's Liberation Army Mr Pule and Mr- Gxekwa were also charged with being members of the Central Committee of PAC and Isaac Lolwane Mnikwa of being a leading commander in the Azanian People's Liberation Army 8. Trial of Mr. Anthony Holiday 247. Mr. Anthony Holiday, 35, a journalist on the Cape Times was arrested in Cape Town in July 1976 for allegedly distributing anti-apartheid pamphlets by means of pamphlet bomb explosion at the Johannesburg station during the Soweto unrest He was charged with promoting the policies of the ANC and the South African Communist Party (SACP) and recruiting three individuals to form an ANC or SACP cell. Two other journalists and close associates of Mr Holiday, Mr Patrick Welch and Mr Harry Mashabela, gave evidence for the State. Mr Holiday was sentenced on 19 November 1976 to six years' imprisonment 199/ 9 Trial of Mr. Breyten Breytenbach 248. Mr Breyten Breytenbach, 37, the Afrikaans poet who was sentenced to nine years in 1975 for treason, was charged in June 1977 under the Terrorism Act. The trial was staged to coincide with the first anniversary of the Soweto uprisings and was conducted by a specially appointed judge. Mr Breytenbach was accused of having attempted to escape and of having promoted anti-government "terrorism" from his prison cell with the help of his 20-year-old prison warder, Mr Pieter Groenewald. 249- Admitting only to the escape attempt, Mr Breytenbach described what drove him to it. He had been "deliberately kept next to the death cell for the full two years, where each month a dozen black Africans waited to be hanged saw more than 200 men walked to the gallows" The defence argued that Mr Breytenbach was given a "specially vicious kind of treatment previously reserved only for blacks" 200/ 198/ Rand Daily Mail, Johannesburg, 15 March 1977 199/ Ibid., 20 November 1976. 200/ Martin Garbus, op. cit. -115-

250. Because of international pressure resulting from the trial's wide press coverage, the charges against Mr Breytenbach were dismissed on 15 July 1977 10. Trial of Mr. Isaac Seko 251. Mr Isaac Seko, an Anglo American Corporation laboratory assistant, was charged with the explosion at the Carlton Centre, Johannesburg, on 7 December 1976, and the explosion that destroyed the Klipspruit surgery of Dr Jack Goldberg in November 1976. He was found guilty on two counts under the Terrorism Act and one of sabotage and sentenced on 6 May 1977 to a total of 24 years in gaol. He is to serve an effective 12-year sentence. Claiming that this was the start of "urban terrorism", the prosecutor, Mr M. E. Tucker, Deputy Attorney-General of the Transvaal, had asked for the death sentence252. In a statement in mitigation before sentence, Mr Seko said that whatever he had done "was done with the highest patriotic motives for the good of all my people and, I believe, for the good of White South Africans as well". Seko said he became deeply depressed with life in Soweto. "It was like living in a prison which was a battle ground. Up to Soweto I had never supported any political organisation and had taken no direct interest in Black or White politics As I saw it, police attacked, killed, and injured many black young people - mainly school children involved in peaceful protests The unfairness of apartheid was brought home to me clearly " 201/ 11. Trial of Mr. Paul Mafgliso Elliott Langa 253. Mr. Langa, 28, of Orlando West, former member of the Soweto Students' Representative Council (SSRC), was brought to trial in the Kempton Park Circuit Court in August 1977 on charges of abduction, attempted murder, sabotage and two counts under the Terrorism Act. Mr Langa was accused of having been the chairman of an alleged "suicide squad" of the SSRC which carried out a series of sabotage attacks. The State claimed that during October and November 1976, Mr Langa, with several others, had caused explosions at the Jabulani Police Station, on the Soweto railway line, at two houses in Soweto and at the Pelican night club. Mr Langa was also alleged to have abducted three people and to have threatened to kill them. He was also alleged to have returned from Botswana with two AK47 rifles 254. A man who refused to testify in the trial, Mr Titi Mthenjane, was goaled for three years in terms of the Criminal Procedure Act. 255. The trial continues 202/ 201/ Rand Daily Mail, Johannesburg, 7 May 1977 202/ Ibid., Johannesburg, 3, 6, 9, 11, 12, 13 August 1977 -116-

12. Trial of members of the National Union of South African Students 256. Four officials of the National Union of South African Students (NUSAS) Messrs Glen Moss, 24; Charles Nupen, 26; Cedric de Beer, 23; and Karel Tip, 31 were arrested at the beginning of December 1975 together with Mr Charles Edward Webster, 33, a sociology lecturer at the University of Natal and former member of the NUSAS executive. They were subsequently charged under the Suppression of Communism Act and the Unlawful Organizations Act. They were alleged to have conspired, under the auspices of NUSAS or the Students' Representative Councils of affiliated universities, to promote the aims of communism and/or the ANC. They pleaded not guilty to the charges 257 In the judgement in December 1976, the magistrate, Mr Steyn, found that the men had: "Agreed to launch a campaign for the release of all political prisoners, including Nelson Mandela, Govan Mbeki, and Walter Sisulu. Advocated action towards an egalitarian society, training new student leaders, reforming education and accepting Black Consciousness Launched the 'political prisoners' campaign by organizing mass meetings at which Dr Cedric Phatudi, Mr Sonny Leon, Mrs Helen Joseph, Mr. Clemens Kapulto and others were invited to speak." 203/ 258. ,r Steyn found, however, that none of these acts was likely to further the aims of communism. As the State had not proved any connexion between the men and the ANC, and in the absence of evidence that they had the ANC in mind in working towards eventual change in Government, he acquitted them in December 1976. They had spent a year in custody 204/ 13. Other political trials 259 Mr Henry T Mothibi, 26, a graduate of the University of Lesotho, was convicted under the Terrorism Act and the Suppression of Communism Act in Bloemfontein in November 1976. Mr Mothibi was alleged to have corresponded with a student who, according to a letter produced in court, urged violent revolution in South Africa. Even though the correspondence indicated Mothibi urged non-violence and in spite of a character reference from King Moshoeshoe's private secretary, Mr Mothibi was convicted and gaoled for four years. 205/ 260. Thirty-one pupils aged between 17 and 24 years were charged under the Terrorism Act and sentenced to five years' imprisonment during the week ending 22 January 1977 They were alleged to have conspired to throw petrol bombs at shops and to hinder police during demonstrations in August 1976. 2C6/ 203/ The Star, Johannesburg, weekly airmail edition, 11 December 1976. 2014/ Ibid., 4, 11 December 1976. 205/ Weekend World, Johannesburg, 14 November 1976. 206/ Ibid., 23 January 1977 -117-

261. Mr. Stephen Mohamme, 23, was found guilty under the Terrorism Act. He was alleged to have shown an employee of a department store a pamphlet entitled "The Voice of Black People in Southern Africa", and urged the man to read it. The pamphlet which allegedly urged blacks to burn buildings and murder whites was exhibited in court. Although the judge said "the offence was not a very serious one", Mr Mohamme was gaoled for the prescribed minimum of five years. 207/ 262. Mr. Mpharala Jacob Moabi, 22, of Daveyton and a member of the BPC was acquitted on 14 June 1977 of charges under the Terrorism Act. The State alleged that he had planned to flee the country for military training. A State witness, Mr. Gabriel Masondo, also a BPC member, testified that Mr. Moabi had told him that he wanted to flee to Swaziland. In acquitting Mr. Moabi, the judge declared that Mr. Moabi's actions did not show that he wanted to undergo military training. He added that all he had done was to express "a malicious thought (which) was not a crime in South Africa". 208/ 263. Four men were convicted of participating in "terroristic activities" after a 21- minute trial in Maritzburg on 2 August 1977. This was believed to have been the shortest trial ever under the Terrorism Act. Three of the men Mr. Isaac Sithembisu Zimu, 28; Mr. Veli Sandile Timothy Edward Mthembu, 22; and Mr. Themba Khumalo, 18 - were accused of inciting people to undergo military training abroad. They were also accused, together with Mr. Walter Buhlebuyeza Mtshali, 29, of taking steps to undergo such training. 209/ E. Repressive legislation 264. The regime has adopted new legislation to increase its already ominous repressive powers and to speed up the implementation of its apartheid scheme. New legislation aimed at extending the wartime powers of the State to times of internal unrest is described below in paragraphs 287-294. In addition, the regime adopted legislation to safeguard itself against legal action arising from police brutality, and to impose sharply increased penalties in a variety of cases. 265. In terms of the Indemnity Act (No. 13 of 1977), no civil or criminal procedure shall be instituted or continued in any court against the State and certain officials for actions, announcements, and statements ordered or done by them "in good faith" with the intent of suppressing or terminating internal disorder. 266. Speaking in the second reading debate in the House of Assembly, the Minister of Justice and Police, Mr. J. T. Kruger, asserted that the State had wide powers to act in civil disturbances, but there was nothing to prevent people from claiming damages from it or its officials. There was a strong possibility, he said, that false claims might be made against the State or its servants. This would lead to "many policemen being kept busy in court to such an extent (that) essential police action will be seriously disrupted ... Those who gave rise to the unrest, and had a part in it, and in the process were injured or suffered damages, cannot expect to load the police with defending unfounded claims," he said. 210/ 207/ Rand Daily Mail, Johannesburg, 4 February 1977. 208/ Ibid., 15 June 1977. 209/ Ibid., 2, 3, 4, 12 August 1977. 210/ Ibid., 1 February 1977 -118-

267. The legislation was strongly attacked by the opposition parties in Parliament and by many other organizations. Mrs. Helen Suzman, Progressive Reform Party Member of Parliament, pointed out that at least 64 cases of compensation claims against the police had been instituted as a result of police action during the Soweto uprisings alone. Under the Indemnity Act, all those who had already suffered would stand to lose considerable amounts, she said. There were also many other people, not involved in the demonstrations, who had legitimate claims against the police, and under the legislation these too would stand to lose. 211/ 268. Under the Police Amendment Act (No. 90 of 1977), provision was made for imprisonment of up to one year without the option of a fine for anyone found guilty of assaulting the police in the performance of their duties. This penalty was only one of several new provisions providing for sharply increased maximum fines and gaol terms for various offences, such as resisting the police in the execution of their duties, or hindering or obstructing them. The Act also makes it an offence, punishable with fines of up to R 500 or one year in goal or both, to sketch or photograph a person in lawful custody, whether an accused or a witness, or an escapee from custody. 212/ 269. The Explosives Amendment Act (No. 101 of 1977), makes it an offence to threaten to explode an explosive device or to knowingly give false information about a threatened explosion. The Act imposes a minimum sentence of three years in gaol without the option of a fine. The Minister of Economic Affairs, Mr. Chris Heunis, claimed new legislation was necessary since bomb threats were on the increase; if the situation were to be allowed to continue, it could harm the countryts economy. 213/ 270. The r~gime has also moved to further restrict the activities of the press. Under a Newspaper Bill introduced in the House of Assembly on 11 March 1977, the regime sought to bring the press under firm statutory control through the establishment of a press code of conduct drawn up by the regime and to be administered by a Press Council under the control of the r~gime. Faced with strong attacks by the opposition parties in the Assembly and by the press, the regime eventually set aside the bill for a year, on condition that the Newspaper Press Union (the- owners' association) "discipline itself effectively" under its own code. Several editors, however, warned that the press faced a continuing fight against control by the regime. As the Rand Daily Mail put it: "... it would be naive and foolish to pretend that freedom of the press is now safe and secure ... We dare not for a moment forget that press freedom is already seriously circumscribed ... what also cannot be ignored is the whole thrust of the Nationalist thinking which led to the formulation and presentation of the Newspaper Bill. The thrust continues - and it takes the form of a single-minded belief that Nationalist policies must be enforced, come what may." 214/ 211/ Ibid., 4 February 1977. 212/ The Star, Johannesburg, weekly airmail edition, 5 March 1977 213/ Rand Daily Mail, Johannesburg, 4 June 1977. The Minister disclosed that the police had to investigate 149 cases of bomb threats between 1 July and 31 December 1976. 214/ Rand Daily Mail, Johannesburg, 15 March 1977. -119-

V BUILD-UP OF MILITARY FORCES 271. Faced with growing internal resistance and with the increasing successes of the liberation forces on its borders, the South African rggime is desperately building up its military arsenal, with the assistance of its major trading partners. It has made preparations to test a nuclear device It has reportedly been able to acquire much more sophisticated weapons systems and in greater quantities than previously estimated. It has also greatly expanded its military and police forces 272 The budget for the 1977/78 financial year included a 21.3 per cent increase in defence spending, bringing the military budget to R 1.65 billion ($1.9 billion) The budget also provides for an increase of 15 per cent in police expenditures 273 The following table shows the phenomenal increase of the military budget since the Sharpeville massacre of i!6o: Year Estimates for defence (in millions of Rands) 1960/61 44 1970/71 257 1971/72 316 1972/73 344 1973/74 447 1974/75 692 1975/76 971 1976/77 1,350 1977/78 1,650 274. During 1976, South Africa expanded its Defence Force by 23,100 men, bringing the total strength to 225,000 men, or more than double its size in 1972 Taking into account the paramilitary commandos, who were increased from 75,000 to 90,000 men, and the South African Police, who comprised upwards of 53,000 men (34,000 regulars and 19,000 reservists), the total pool of available military manpower in 1976 was 368,000 men. The following table shows the rapid growth of South Africa's armed forces: 215/ 215/ International Institute for Strategic Studies, London, The Military Balance, 1976-77 -120-

Expansion of the South African armed forces, 1972-1976 (thousands) 1972 1973 1974 1975 1976 Army 10.0 10-0 345 38.0 380 Air Force 5 0 5 5 8.5 8 5 8.5 Navy 2.3 2 5 4o 5.0 Citizen Force (Reserves) 92.0 92.0 72.0 151.4 173.0 Total 1093 1100 119-5 2019 2250 275 In order to help finance this huge effort, the regime has continued the National Defence Bonds and has instituted National Defence Savings Bonds, "in order to provide an attractive investment for the private sector-" It expects to raise an additional R 160 million through these savings bonds 216/ 276 While escalating the defence budget, the r6gime has encouraged the arming of the civilian population, though the South African whites are among the most heavily armed people in the world. In November 1976, the Minister of Justice and Police, Mr J T Kruger, urged South Africans "to be prepared to protect their families, houses, businesses and factories against attacks by enemy groups " He warned that it was not "the sole responsibility of the South African police to enforce law and order " In April 1977, the Minister of Defence, Mr P W Botha, warned that South Africa was in a position similar to that of Israel in that it had to maintain a "people's army". 217/ Following these warnings, commando training schemes for employees of commercial, industrial and mining companies were organized in a number of areas 277 White South Africans have in fact been arming themselves at an increasingly rapid pace since the 1976 uprisings in the African and Coloured townships In February, the Minister of Police revealed that one out of four white South Africans owned a firearm. A total of 1,205,471 firearm licences had been issued to people living in South Africa and Namibia by 31 December 1976: 154,305 of these licences had been issued in 1976. 218/ 278. The regime's growing mobilization for war and its increasing repressive measures have been condemned from many quarters In February 1977, the Catholic 216/ The National Defence Bonds, which the Government had estimated would bring in R 120 million, had brought in R 95,923,800 as at the end of December 1976 (House of Assembly Debates, (Hansard), 24 January 1977, col. 49, 30 March 1977, col. 4,683) 217/ The Star, Johannesburg, weekly airmail edition, 27 November 1976, 30 April 1977 218/ Ibid., 5 February 1977 -121- Youth Department called on the Catholic Bishops Conference to urge all Catholics to withdraw from the armed forces Despite a warning by the Minister of Defence that he would not hesitate to invoke the provisions of the Defence Act (which provides for a fine of up to $5,000 and/or a six years' imprisonment for conscientious objection), the Conference issued the following statement: "In this matter of conscientious objection we defend the right of every individual to follow his own conscience both on the grounds of universal pacifism and on the grounds that he seriously believes the world to be unjust " 219/ 279 Archbishop Denis Hurley of Durban stated at a press conference in Pretoria on 9 February that most people in South Africa "look at service in the armed forces as unjust oppression of the majority " He said the church was looking into the question of having chaplains on the other side of the border, since the church must minister to everybody, including black guerrilla fighters 220/ 280 Some churches were considering withdrawal of their chaplains from the Defence Forces, according to the White Paper on Defence. The Minister of Defence said the churches relt that chaplains in uniform could imply support for the Government 221/ A. New legislation 281. The regime has enacted new legislation aimed at extending the powers of the State to deal with internal unrest 282. The Defence Amendment Act (No 35 of 1977) greatly increases the powers of the State President by giving him powers at present exercisable only in time of war in case of "operations in defence of the Republic or for the prevention or suppression of terrorism or for the prevention or suppression of internal disorders in the Republic " Operations "in defence of the Republic" are defined to include operations "for the prevention or suppression of any armed conflict outside the Republic which, in the opinion of the State President, is or may be a threat to the security of the Republic " 283. The State President's powers include the evacuation of civilians, and taking possession of buildings, vehicles, aircraft, equipment and any other materials necessary for the mobilization or the maintenance of the Defence Force or of other forces acting in co-operation with it The State President would also be empowered to enforce censorship over postal, telegraphic, telephonic, radio and other communications 284. The censorship provisions of the new legislation were attacked by the Opposition in Parliament and the liberal press The Rand Daily Mail of 2 February 1977 commented: "The fact that the Nationalists foresee the need to have such powers in case of internal disorder is the most striking indictment possible of their 219/ Rand Daily Mail, Johannesburg, 10 February 1977 220/ Ibid. 221/ The Star, Johannesburg, weekly airmail edition, 2 April 1977 -122- policies They cannot assure peace for South Africa. Indeed, quite the opposite so that we are now being told to brace ourselves for the very worst "But it goes still further because what the Nationalists also propose is that, when whatever terrible events are feared come about9 South Africans will be told only what the Government wants them to know And the world, too, will be allowed to know only what the Government is willing to let them know " 235. The regime also provided for a new extended national call-up system under the Second Defence Amendment Act (No. 68 of 1977) The Act was adopted to relieve short-comings inthe manpower situation. The purpose of the Act is to redirect "the system of providing manpower for the South African Defence Force towards one which will be able to provide manpower components capable of linking together in a flexible way in order to satisfy the continuously escalating- de-escalating demands " ' 222/ 286 Under the Act, the maximum initial period of service for the Citizen Force and the Commandos is extended from 12 to 24 months Of this, a minimum initial period probably of 18 months would be enforced, with six months in reserve to provide for flexibility 223/ The maximum period of subsequent training camps was extended from 95 to 240 days, to be served over an eight-year period. 287 Under the Civil Defence Act (No 67 of 1977), the Minister of Defence is empowered to declare a "state of disaster" within an area defined by him if in his opinion it appears that "any disaster is of such a nature and extent that extraordinary measures are necessary to assist and protect the Republic and its inhabitants and to combat civil disruption." Provincial councils are empowered to make ordinances concerning civil protection and combating "civil disruption" The Minister is empowered to take over any power or duty imposed through any such provincial ordinance and delegate it to any person in the service of the State 288 In addition, the Minister is empowered to direct any member of the Defence Force to give assistance as he directs, to perform functions determined by him concerning civil defence and the combating of civil "disruption" At the same time, the Act provides that the State, the Minister or any person in the service of the State, "shall not be liable in respect of anything done in good faith in connection with the exercise or performance of any power or duty taken over 289 Another clause in the Act provides for making manpower available for civil defence duties The intention is that South African citizens not actively engaged in the South African Defence Force and its reserves, the Police, Prison Service, Railway Police and similar organizations, be made available for civil defence service. The local authorities will thus have a source of manpower from which they can recruit for their civil defence organizations 224/ 290. Under the Armaments Development and Production Amendmpnt Act (No. 20 of 1977), the Armaments Board and the Armaments Development and Prodtction Corporation are 222/ House of Assembly Debates (Hansard), 6 May 1977, col 7063. 223/ Ibid., col. 7064 224/ Ibid., cols 6994-7062. -123- merged into an Armaments Corporation (Armscor), which is empowered to meet armaments requirements as determined by the Minister of Defence Armscor's powers include erecting buildings, arranging for research into armaments production, control over the manufacture or acquisition of armaments and the stockpiling of strategic materials 225/ B. Expansion of the armed forces and of military installations 291 The South African regime continued to step up the level of military preparedness and psychological mobilization in the country The White Paper on Defence warned that "a terrorist war could be expected to spread to Northern and Eastern Transvaal, as well as Northern Natal, and as a result a total national strategy" for defence was necessary In expectation of "border violations and infiltrations" in these areas, South Africa was maintaining a presence of "full-time troops under training" in these areas 226/ 22. On 22 November 1976, Mr P W Botha, Minister of Defence, appealed to all able-bodied South African men to volunteer for military service. He said he hoped the appeal would have the necessary effect throughout the country, "otherwise more direct measures will have to be applied." He pointed out that all able-bodied male citizens who were not actually serving in the Defence Force and who were not on the controlled reserves, were on the national reserve until the age of 65 These men could be called up for military duty in the event of mobilization. Mr Botha urged them "to prepare themselves adequately for such a contingency by enrolling as volunteers before being compelled to render military service." He included resident non-citizens in his call for volunteers 227/ 293. In February 1977, the Minister of Defence stated that 2,991 men, including 142 non-South African citizens, had volunteered to join the Defence Forces 228/ 294. The White Paper stated that an investigation into the manpower requirements of the Defence Force for 1976 to 1981 had shown that the present system had short-comings. Among other things the Defence Force lacked flexibility to deal with the "escalating or de-escalating situation forecast for the foreseeable future." The Permanent Force, on the other hand, was under strength and its expansion was limited by financial restrictions 295 The White Paper stated that the following possibilities were being considered to correct the situation: Extending the Permanent Force by creating addit.ional posts and stabilizing employment by means of an incentive scheme; 225/ Rand Daily Mail, Johannesburg, 8 March 1977 226/ Ibid. , 1 Anril 1977 227/ Ibid. 23 November 1976. 228/ House of Assembly Debates (Hansard), Questions and Replies, 7 February 1977, cols 170-171. -124-

Extending the initial ccmpulsory term of service for white men from 12 months to 24 months; or Extending voluntary national service to white women and to other population groups on the same basis as for white servicemen. 22Q/ 296. The Minister of Defence made it clear that Africans, Indians and Coloureds would not be given a bigger role in the Defence Force The Commandos, however, could use armed blacks "for specific purposes" and "under the strictest regulations prescribed by the head of the army " 230/ 297 However, the Defence Force would appear to be making use of a limited number of Coloured soldiers Six newsmen who were allowed to visit a secret army post near Ondangwa in Ovamboland (Namibia), reported that a full company of Coloured soldiers was fighting there. 231/ 290- Women are to play a bigger role in the Defence Force. Major-General Ivan Lemmer told a passing out parade at the Civilian Defence College for Women at George that in 1972 women served in only two sectors of the army, but now they were working in 17 and it was foreseen that another 11 sections would be opened to them shortly Q2_/ 299 Concerning the Air Force, the White Paper stated that a review carried out following the Angolan campaign had shown that "the time scale has shrunk'? The paper went on to say that: "This coupled with the situations in Angola, Rhodesia and Mozambique meant the Air Force's preparedness had to be accelerated. This demanded an accelerated training programme "Moreover, the strategic siting of new Air Force bases with facilities and accommodation requires urgent attention." 300. The Paper revealed that a programme to modernize the Air Force's mobile radar had been introduced, and that the Air Force's offensive air defence capacity has been considerably increased by the introduction of squadrons of new long- range strike aircraft. 233/ 301. The Minister of Defence, Mr Botha, told Parliament on 22 April that a new air base was to be built in Hoedspruit, in Eastern Transvaal, 120 km from the Mozambique border and 240 km from the Rhodesian border He said that there were "good operational reasons" which he could not disclose, for choosing Hoedspruit as the site of the base. 234/ 229/ Rand Daily Mail, Johannesburg, 1 April 1977 230/ Ibid., 23 April 1977 231/ The Star, Johannesburg, weekly airmail edition, 20 November 1976 232/ Ibid., 27 November 1976. 233/ Rand Daily Mail, Johannesburg, 1 April 1977 234/ Ibid., 23 A-ril 1977 -125-

302. Concerning the Navy, the W1hite Paper reported that, in addition to its expansion programme which --as making good progress, the Navy was considering acquiring new anti-mine vessels to replace its rapidly obsolescing mine sweepers 235/ 303. Meanwhile, the South African r6gime has made increasing efforts to bolster puppet armies in the "bantustans" 304. The Transkeian Battalion base in Urtata was inaugurated in September 1976 by Mr P W Botha, South African Minister of Defence, and handed over to the Transkei authorities The Battalion is composed of 254 men trained by the South African Defence Force as military policemen, medical orderlies, drivers, signallers and horsemen. In addition, a number of instructors have been trained, as well as seven candidate officers Training by the South African Defence Force will continue, and 30 Permanent Force officers, warrant officers and non- commissioned officers have been seconded to the Transkeian Department of Defence for this purpose. 236/ 305 It was disclosed in January 1977 that the Transkei was starting another recruitment drive to increase its army by nearly a third. This measure initiated the second phase of training, with the goal of setting up a well-trained nucleus of men proficient in counter-insurgency and conventional warfare, as well as other tasks, by the end of 1977 237/ 306 Chief Lucas Mangope, Chief Minister of Bophuthatswana, announced in October 1976 that he had asked South Africa to train Tswanas for military service He said that he was considering the establishment of a system of national service on South African lines and a Department of Defence 238/ C. Manufacture of arms 307 In response to an announcement by the President of France that he would call on his Western partners to halt arms deliveries to South Africa, the Minister of Defence, Mr P W Botha, stated on 22 April 1977 that South Africa would produce all the arms it could not obtain elsewhere - "even if it costs more time and money " 239/ 308 But less than a week later the Minister stated that South Africa would never be totally self-sufficient in arms but was doing all it could to lessen its dependence on other countries Mr Botha made this statement when opening the new "Project Spitskop" plant of the Armaments Corporation in Pretoria. The plant, costing more than R 11 million, will make ammunition for all three branches of the Defence Force. Mr Botha said South Africa was already 75 per cent self-sufficient 235/ Rand Daily Mail, Johannesburg, 1 April 1977 236/ Ibid., 15 September 1976, South African Digest, Pretoria, 22 October 1976. 237/ Rand Daily Mail, Johannesburg, 17 January 1977 238/ South African Diest, Pretoria, 8 October 1976. 239/ Rand Daily Hail, Johannesburg, 23 April 1977 -126- in arms, including Air Force planes, explosives and propellants 25 per cent of arms which South Africa now imported would be the manufacture locally He stated that a "total effort" was needed critical items which the country was now lacking. 240/ However, the most difficult to to provide those 30.0 According to the White Paper on Defence, the manufacture in South Africa of small arms and heavy ordinance artillery had increased by between 300 and 500 per cent. Important progress had also been made with ship.building facilities and the building of light and medium assault vessels Moreover, the successful development of a locally designed missile was being followed by serial manufacture 241/ 310. Lt -Gen. Robert Rogers, chief of the South African Air Force, announced on 14 December 1976 that the Air Force strike aircraft would shortly be equipped with a new missile which he described as "a tremendous breakthrough" He would not comment on the potential of the new missile, nor would he say whether it was intended for air-to-air or air-to-surface use. However, during the last sitting of Parliament in 1976, Mr P W Botha, Hinister of Defence, had disclosed that South African scientists were working on an improved air-to-air missile 242/ 240/ Ibid., 29 April 1977 241/ Ibid., 1 April 1977 242/ Ibid., 15 December 1976

D. Import of arms and military equipment 311. Reports of supplies of arms, military equipment and sophisticated military and nuclear technology to South Africa by a number of Western countries have continued to reach the Special Committee. 243/ 312. On 25 October 1976, the United Kingdom Government granted an export licence to Marconi Communications System Ltd. for the supply of 20 terminals of tropospheric scatter communications equipment to the South African Armaments Board. The agreement was concluded despite strong opposition by the Labour Party, the Anti-Apartheid Movement and other groups, which stated the equipment had military importance- The United Kingdom Government, however, maintained that the communications system fell outside the arms embargo against South Africa. 244/ 313. In October 1976, it was disclosed that the United States Justice Department was investigating illegal transshipments of arms and ammunition to South Africa from Colt Industries Inc , based in New York, the Winchester Group of Olin Corp. of Stamford, Conn., and possibly other United States arms manufacturers While admitting that the shipments had taken place, both companies declared that the sales had been conducted by employees against corporate policy, and without the knowledge of senior officials. Miss Marcia Biederman, a free-lance journalist and former Winchester employee, testified before the Special Committee against Aparthied that the sales had been common knowledge in the company The companies reported that they had dismissed the employees involved in the sales, and one of them, v r Walter S. Plowman, formerly with Colt, was actually sentenced to a year in prison after pleading guilty to illegal arms sales to South Africa in July 1976. At Hr Plowman's trial, however, it was claimed that the sales could not have been conducted without the knowledge of superior officials; it was also charged that they had taken place with the "acquiescence" of the United States Department of State. 245/ 314. In a report prepared by the Counter Information Service (CIS), London, entitled "Black South Africa explodes ', a number of British companies were named as having violated arms sanctions Included amongst those listed were Plessey, Racal Electronics, Marconi, Leyland and Imperial Chemical Industries, all of which, according to the report, play a significant part in South Africa's arms industry 246/ 315. It was reported in January 1977 that at least 100 Mirage FlA supersonic jet fighters were to be built under licence by the South African Air Force by Atlas 243/ See Part I of this report and the Special Report of the Special Committee against Apartheid on Relations between Israel and South Africa (A/31/22/Add.2) 244/ General Assembly Official Records, Thirty-first Session, Supplement No.22 (A/31722), vol. II, paras. 220-222; letter dated 16 November 1976 from the Anti- Apartheid Movement, London, to the Chairman of the Special Committee (A/AC.I15/L.450) 245/ Wall Street Journal, New York, 21 October 1976; A/AC.115/SR.336 246/ A report by the Special Committee Against Apartheid, based on the CIS study, was issued as document A/AC.115/L.460. -128-

Aircraft Corporation. The Air Force had already taken delivery of 16 FlC all- weather interceptors built in France, according to the manufacturers, Dessault- Breguet The FlA is reported to be a simplified version of the FIC, with some electronic equipment removed to allow for extra fuel tanks 247/ 316. In testimony before the Sub-Committee on Africa of the Committee on International Relations of the United States House of Representatives on 14 July 1977, Ar Sean Gervasi, a researcher at the State University of New York, charged that South Africa had been able to build a "secret arsenal", some of it in sophisticated weapons systems, despite the United Nations embargo. He said the weapons had been supplied principally by the United Kingdom, the United States, France and Italy The Governments of the United States and the United Kingdom subsequently denied the allegations 248/ 317 New reports have also reached the Special Committee concerning the continuing military and nuclear collaboration between the Federal Republic of Germany and South Africa. In a pamphlet entitled "Conspiracy to arm apartheid continues: FRG-SA collaboration," the African National Congress charged that the Government of the Federal Republic of Germany and Government-financed research institutions and private companies in the Federal Republic had continued to participate, directly or indirectly, in building up South Africa's military and nuclear arsenal through the provision of military equipment, scientific and technological assistance, facilities and other forms of co-operation. These charges were denied by the Government of the Federal Republic of Germany in a memorandum dated 17 January 1977 Further information concerning such co- operation, however, was made available in subsequent reports prepared by anti- apartheid groups in the Federal Republic of Germany in response to the Federal Government's memorandum. 249/ 318. On 8 August 1977, TASS stated that South Africa had almost completed work for the manufacture of a nuclear weapon and that preparations were being held for carrying out a nuclear test It was also stated that the necessary scientifictechnical base for such development had been provided by Western countries and Israel. 250/ Despite South Africa's denials, both the Government of the United States of America and of France confirmed that they had information that South Africa was preparing to explode a nuclear device in the Kalahari desert. Following strong international protest, South Africa reportedly halted the planned test. Mr- Jimmy Carter, President of the United States of America, stated at a news conference on 23 August that the South African Government had informed him that it had no nuclear weapons and did not intend to conduct any nuclear tests "now-T or in the future." 251/ A few days later, however, Mr Owen horwood, South African 247/ The Star, Johannesburg, weekly airmail edition, 22 January 1977 248/ Rand Daily Mail, Johannesburg, 16 July 1977 249/ Anti-Apartheid Movement, Federal Republic of Germany, Bonn, press release, 18 March 1977; Anti-Imperialist Solidarity Committee for Africa, Asia and Latin America, Frankfurt, memorandum of 3 October 1977 250/ The TASS statement was reproduced in document A/AC.115/L.473 251/ The New York Times, 24 August 1977 -129- i inister of Finance, declared at a meeting of the ruling National Party that South Africa reserved the right to use its nuclear potential for other than peaceful purposes should the need arise. 252/ Subsequently, Ar- Vorster, in a televised interview with a United States networi, denied giving President Carter a promise that his country would not develop nuclear weapons. 253/ E. Other develoDments 319. There have been frequent reports of collaboration between South African security forces and some Western countries In an interview with Mr Jim Hoagland, reoorter on the Washington Post, Mr J T Kruger, 'Minister of Justice and Police, stated that South African police officials had visited the United States and Western Europe before the Soweto uprisings to study "riot control" The United States Department of State, however, denied any knowledge of such a visit 254/ 320. In July 1977, Brig. Jan Visser, Chief of Police of Soweto, paid a visit to London, according to the South African Thnbassy, "as a tourist and to do some academic research" However, shortly after being confronted by anti-apartheid demonstrators in his hotel suite, Brig. Visser interrupted his trip and returned to South Africa. The Anti-Apartheid Movement in London charged that Brig. Visser had actually intended to meet with senior officials at Scotland Yard, and that H[r Patrick Weiclhmann, head of security of the Diamond Trading Company Ltd. (a De Beers-related company) was to serve as intermediary The company had paid for Brig. Visser's trip. Both the Foreign Office and the Home Office, however, were reported to have stated that there were no plans for Brig Visser to have any official creetings, either with civil servants or policemen. 255/ 321 Other disclosures related to the activities of the South African Bureau of State Security (BOSS) in other countries. According to the Johannesburg Sunday Times, H Ir Alexander van Wyk, deputy chief of BOSS, admitted in an interview that BOSS had undercover agents working in the United Kingdom, the United States, and other countries. The agents were allegedly trained in the Federal Republic of Germany and the United States, and have been working abroad for more than five years The admission came foll(wing charges by Sir Harold Wilson, former Prime i,1inister of the United Kingdom, that BOSS had broken into his home and the homes of his staff while he was Prime Minister Sir Harold also accused BOSS of being behind a plot to overthrow the United Kingdom's Labour Government. BOSS had earlier been accused of involvement in a smear campaign that led to the resignation of Mr Jeremy Thorpe, former leader of the Liberal Party 256/ 322. Allegations of BOSS activities have come from militants who have taken refuge abroad. M1/ir Selby Semela, one of the Soweto student leaders living in exile in London, said he had been badly beaten up, robbed and terrorized by BOSS agents working in London, who had also stolen documents from him. 257/ 252/ The Star, Johannesburg, weekly airmail edition, 3 September 1977 253/ The New York Times, 24 October 1977 254/ Washington Post, 6 November 1976. 255/ Guardian, London, 20 July 1977; Rand Daily Mail, Johannesburg, 22 July 1977 256/ Sunday Times, Johannesburg, 24 July 1977 257/ Rand Daily Hail, Johannesburg, 5 February 1977 -130-

VI. ECONOMIC COLLABORATION WITH SOUTH AFRICA 323. The Special Committee reported last year that South Africa faced a grave economic crisis due to rapidly rising military expenditures, heavy investments in an effort to achieve strategic self-sufficiency, and fluctuations in the price of gold. 258/ These developments, coupled with the growing popular uprisings and the increased repressiveness of the r6gime, created considerable nervousness among foreign investors on whom South Africa's economic stability and growth largely depend. 324. The regime saw itself compelled to adopt a number of measures such as higher taxes, import restrictions and stringent new exchange controls, to control inflation and reduce balance-of-payments deficits and thereby reassure its trading partners But these had only a limited effect 325 Figures for tie year 1976 published by the South African Reserve Bank arid the Standard Bank showed a balance-of-payments deficit of R 1,515 million while the trade shortfall was given at R 1,377.6 million. Both figures represented only a slight improvement over 1975, a particularly negative year At the same time, net capital inflow from abroad had decreased to R 995 million, about half what it had been the year before 259/ 326. The regime boasted that it had succeeded in turning the chronic deficit in the balance of trade into a small surplus in its favour in the first half of 1977 The balance of payments, however, remained in deficit, and inflation continued at above 10 per cent 260/ 327 Several observers pointed out that whatever improvement was achieved, it could not be long-lasting. South Africa's efforts to curb imports were already being resented by its major trading partners, and could not be intensified without leading to retaliation. 261/ In recent years, the rggime had increasingly shifted its emphasis in investment away from manufacturing towards raising the export potential of the mining sector This, however, was making the country "more vulnerable to the vagaries of world commodity markets, potential pressures arising from the participation and availability of foreign capital and balance-of- payments pressures resulting from a great reliance on imported capital goods" 262/ 258/ Official Records of the General Assembly, Thirty-first Session, Supplement No. 22 (A/31/22), vol. II 259/ Standard Bank Review, Johannesburg, February 1977; South African Reserve Bank, Quarterly Bulletin, March 1977 260/ Rand Daily Mail, Johannesburg, 21 July, 1 August 1977 261/ Financial Times, London, 13 May 1977 262/ Standard Bank Review, Johannesburg, May 1977 -131-

328. At the same time, the regime's austerity measures had accelerated the process of retrenchment by many companies causing soaring unemployment figures (up to 20 per cent of the economically active African population) While the regime's Economic Development Programme for 1974-79 had set an annual growth rate of 6.4 per cent as "the lowest growth rate at which unemployment could be reduced", real GDP rose by only 2.2 per cent in 1975 and 1.5 per cent in 1976, and the percentage is expected to decline even further The Rand Daily Mail reported that companies were collapsing "at an alarming rate" - an increase of 16 per cent in a year, with a further acceleration in 1977 The Sunday Times Quarterly Review of the Business Mood indicated that South African businessmen were "plumbing new depths of pessimism" as a result of the political and economic situation. 263/ 329- In addition to growing unemployment, the African population was hit by rapidly rising living costs as the r6gime took measures to shift much of the burden of inflation on to the black majority Sweeping proce increases in transport costs, increased direct and indirect taxation, and reduced subsidies, particularly for basic food-stuffs, pushed up the inflation rate in black townships to an estimated 18 per cent in 1977, almost double the national figure. 264/ 330 Economic and political factors thus combined to increase the sense of uncertainty and nervousness among foreign investors, some of whom began to call for "meaningful political changes" in order to restore confidence in the future of South Africa. As the regime's difficulties deepened, it became both more dependent on foreign sources of capital for its survival and more vulnerable to outside pressure. 331. Anti-apartheid forces have intensified their boycott campaign, and some successes have been achieved, in particular as regards banks, some of which have stopped or limited their loans to South Africa. Direct investors, however, have in general reaffirmed their intention to stay in the country and to proceed with their investment plans Some of them have sought to justify their decision by announcing measures to improve the working conditions of their black workers and joining with South African business interests in advocating some "reforms" A. Loans 332 The actual amount of loan money received by South Africa since the Soweto uprising of June 1976 is the subject of considerable controversy In an attempt to bolster its credit worthiness abroad, the regime has claimed to have received substantial amounts, but its assertions are disputed in South Africa. 333. In February 1977 Senator Owen Horwood, the Minister of Finance, declared in the House of Assembly that a total of R 635 million in long-term private capital had come into South Africa in the first three quarters of 1976. The parliamentary opposition and the liberal press contested the figures calling them a "gross distortion" of the total picture- 265/ 263/ Rand Daily Mail, Johannesburg, 16, 20 October 1976; 21 March, 26 May, 10 June 1977; The Star, Johannesburg, weekly airmail edition, 7 May 1977; Financial Mail, Johannesburg, 9 June 1977; Sunday Times, Johannesburg, 28 November 1976. 264/ Rand Daily Mail, Johannesburg, 9 May 1977 25/ Ibid-., 12-February-1977 -132-

334. Several reports in the press have documented South Africa's growing inability to raise long-term loans, in particular on the bond market, and loans not tied to specific projects 335. According to the Rand Daily Mail of 1 March 1977, only a single loan of R 21 million was issued to South Africa on the Eurobond market in 1976 compared with R 161 million in 1975 The Mail quoted figures issued by the International Bond Letter and Eurocurrency Review showing that South Africa borrowing in the Euromarkets was R 370 million in the first quarter of 1976, R 26 million in the second quarter, and R 70 million in the third. The figure for the fourth quarter was given at R 235 million, most of which, however, care from credits for the purchase of capital goods abroad. 336. South Africa's loan money apparently comes increasingly from medium- and shortterm floating rate syndicated loans 266/ The Sunday Times reported that South African public corporations were approaching banks individually for loans, relying extensively-on export credits and engineering loans to foreign companies that had contracts in South Africa. The report went on to state that South African issues had not been floated on the international public bond markets for almost a year and more recently it had been increasingly difficult to raise money via syndicated bank credits. Five-year credits, which both Pretoria and public corporations had been able to raise easily in the past, became impossible to obtain after the Soweto uprisings, and it was extremely difficult to obtain a credit of more than a year- 267/ 337 In November 1976, the managing director of Barclays Bank disclosed after a trip overseas that he had had no success in raising two small loans for periods of up to five years for South Africa: British and American bankers had told him that their exposure in South Africa was as far as they were prepared to go at present, bearing in mind the black uprisings and South Africa's balance-of-payments situation. 268/ 338. According to another report, Chase Manhattan and Manufacturers Hanover Trust had dropped out of a consortium providing a $110 million loan to South Africa despite the personal intervention of the South African Minister of Finance, Sen. Owen Horwood, because the banks felt they had reached their limit for lending to South Africa this year The loan, which was concluded after several months of negotiations, was substantially smaller than the $300 million which South Africa had originally sought to borrow in the United States Eventual members in the lending consortium were Citibank, Morgan Guaranty, First Chicago, and Deutsche Bank (with $25 million each) and Credit Suisse White Weld ($10 million) 269/ 339. Subsequently, the Chase Manhattan Bank stated in April 1977 that it had adopted a lending policy "which specifically excludes loans that, in our judgement, tend to support the apartheid policies of the South African Government or reinforce discriminatory business policies" 270/ 266/ The Star, Johannesburg, 8 January 1977 267/ Sunday Times, Johannesburg, 16 January 1977 268/ Rand Daily Mail, Johannesburg, 19 November 1976. .269/ Financial Mail, Johannesburg, 5 and 12 November 1976 270/ Letter by Mr David Rockefeller, Chase Manhattan chairman, to Sund Times, London, 1 May 1977 -133-

340. 1r Stephen Minikes, senior vice-president of the United States Export-Import Bank, was reported to have told a congressional committee that South Africa did not get a R 326 million loan guarantee to help finance the second SASOL plant (which is being built by a United States company) because the Bank was unable to find "reasonable assurances of repayment" 271/ Commenting on this development, the Financial Mail warned that if the export credit agencies of foreign governments such as the Export-Import Bank of the United States and the Export Credit Guarantee Department of the United Kingdom withdrew their guarantees, foreign banks would themselves have to bear the risks This would make the banks even more reluctant to grant credits 272/ 341, Many traditional investors in South Africa have expressed reluctance to make any further loans to South Africa. Hr Ian MacKenzie, Chairman of A.F.C. Investments, said in his annual report that overseas investors had come to regard South Africa as being "politically unstable and over-borrowed as well" and that in consequence funds available for portfolio and capital investment had been reduced significantly A British broking firm, Simon and Coates, in a survey on investors' prospects, found that British investors' sentiment would continue to be against strong commitments to South Africa because of the gloomy economic scenario and the possibility of increasing political instability 273/ 342. The Sunday Times reported that West German bankers had announced that they would not participate in any loans to South Africa, regardless of the period for which the money was requested, either in 1977 or in the foreseeable future, unless they were to be used to pay for goods or to finance trade. The bankers did not expect their customers in the Federal Republic of Germany, who are setting up manufacturing plans abroad because of rapidly rising labour costs, to consider doing so in South Africa. 274/ 343. The Rand Daily Mail of 10 November 1976 also reported that bankers in Zurich, Frankfurt and D~isseldorf had stressed that South Africa was finding it increasingly difficult to raise money abroad. 344. The University of Delaware's Business Environment Risk Index, which is compiled by a team of leading businessmen from all over the world, found that after the Soweto uprisings, South Africa's place on the index had slipped from eighth to nineteenth. 275/ Business Week, a United States financial journal, stated in April 1977 th-at "South Africa, which despite racial tension seemed for years to be a haven of stability and lush profits to U.S. corporate investors, no longer looks secure -" 276/ 271/ The Star, Johannesburg, 5 February 1977 272/ Financial Mail, Johannesburg, 10 June 1977 273/ Rand Daily Mail, Johannesburg, 23 October 1976, 23 May 1977 274/ Sunday Times, Johannesburg, 20 March 1977 275/ The Star, Johannesburg, 7 March 1977 276/ Quoted in The Star, Johannesburg, 23 May 1977 -134-

345. In February 1977, the collapse of two smaller banks and the growing number of business liquidations in South Africa reportedly prompted direct investigations by foreign bankers into the security of their investments. The public corporations Escom, Iscor and the South African Broadcasting Corporation in particular - were singled out for close scrutiny in view of their heavy dependence on foreign loan finance. The bankers were reported to be paying close attention to the domestic political situation, and to the regime's economic and racial policies 277/ 346. According to a report by the London correspondent of the Rand Daily Mail, American and British bankers involved in raising funds on the Eurocurrency market believed that "cosmetic" changes in South Africa were insufficient. They were disappointed with the attitude of Prime Minister Vorster and hoped he would make "fundamental" changes in domestic policy, in particular granting political rights to urban Africans American bankers confirmed that it was becoming nearly impossible to pull together syndicates to lend money to South Africa. 278/ Interviews with fund investment managers and merchant banks in the United Kingdom and the United States conducted by Sunday Times correspondents at the end of 1976 indicated that they were "even more wary" than at the time of the Soweto uprisings They were "disturbed" at the policies adopted by the r6gime and felt that the situation would deteriorate rapidly "unless there was radical new thinking" on the part of the Government 279/ 347 Despite the worsening situation, it appears that some Governments and national banks and lending institutions are still willing to lend South Africa substantial amounts. The Bank for International Settlements figures showed in fact that the South African public and private sector had borrowed almost $2 billion in the first three quarters of 1976. 280/ 348. The Government of the Federal Republic of Germany is reported to have stepped up its credit guarantees for exports to South Africa fourfold in the last 18 months (from DM 656.5 million to DM 2,775 billion) 281/ 349. The International Monetary Fund (IMF), of which South Africa is a member, has played a major role in helping the regime with its growing balance-of- payments difficulties. Drawings frcm the IMF were reported to have amounted to three quarters of the money raised by South Africa in the second half of 1976. The IMF was used as an alternative to projected foreign loans which had become unavailable from bank groups in London and New York. 282/ 350. In early November 1976, the IMF granted South Africa a R 160 million, fiveyear loan at low interest rate from its Compensatory Financing Fund, which is designed to help nations that depend on export earnings from primary commodities 277/ Sunday Times, Johannesburg, 20 February 1977. 278/ Rand Daily Mail, Johannesburg, 24 May 1977 279/ Sunday Times, Johannesburg, 2 January 1977 280/ Rand Daily Mail, Johannesburg, 3 February 1977 281/ Reuter, from Bonn, 31 July 1977. 282/ Sunday Times, Johannesburg, 13 February -135-

It was reported in December 1976 that South Africa intended to draw R 35 million from the IMF as the first installment of an outstanding R 75 million of stand-by credit facilities arranged in August 1976. The other R 40 million would be drawn later in 1977, "unless some exceptionally improbable boost to the capital account of the balance of payments takes place" This would increase the total of South Africa's borrowings from the IMF since 1975 to R 470 million. Further drawings from the IMF were planned for 1978 if the need arose- 283/ 351. Another credit for balance-of-payments purposes was obtained through a "gold swap" arrangement between the Reserve Bank and an undisclosed foreign bank, for an undisclosed amount, in May 1977 It was expected that the deal (in which the Reserve Bank sells gold at a spot price to overseas parties and repurchases it at an agreed forward price, thus in effect borrowing foreign currency against a gold collateral) would add R 94 million to South Africa's total reserves. 284/ 352. Of particular importance to South Africa have been loans directed at bolstering its defence effort, including its nuclear development programme 353. In December 1976, Barclays' National Bank (63.8 per cent owned by Barclays' Bank International, United Kingdom) announced an investment of R 10 million in South African National Defence Bonds 285/ The decision was strongly opposed by the Labour Party and anti-apartheid groups in the United Kingdom, as a blatant instance of support for the regime's oppressive apparatus. After much indecision on the part of the parent bank, its chairman, Mr- Anthony Tuke, declared at the annual general meeting of the bank, in April 1977, that he had suggested to the South African subsidiary to sell the bonds as soon as legally permitted, i.e., by December 1977 He was also reported to have said that Barclays would not make foreign currency loans to the South African regime which could be used to buy arms It would, however, lend money to bodies such as Escom (the Electricity Supply Commission) because they "aided the whole population" 286/ 354 Another bank which was accused by anti-apartheid groups of having purchased South African defence bonds was the Standard Chartered Bank in London. While denying the charges, the bank had to admit that the purchase had been made by the trustees of its South African pension fund, which it claimed operated as a separate legal entity Lord Barber, chairman of the bank, declared that the bank would not consider asking the trustees to sell the bonds. 287/ 355 In December 1976, Escom concluded an R 800 million export credit agreement with a consortium of French banks to finance the Koeberg nuclear power station, which is being built by a group headed by Framatome, a French company Terms are 283/ Financial Mail, Johannesburg, 12 November 1976; Rand Daily Mail, Johannesburg, 17 December 1976, 23 May 1977 284/ A similar arrangement had been concluded earlier, in March 1976, with Swiss banks 285/ See "Investment by Barclays Bank in South African Defence Bonds" special report prepared by the Sub-Committee of the Special Committee against Apartheid (A/AC.115/L.455) 286/ Rand Daily Mail, Johannesburg, 12 April 1977; The Star, Johannesburg, 7 April 1977; Financial Mail, Johannesburg, 15 April 1977 287/ Rand Daily Mail, Johannesburg, 11, 12 August 1977 -136- said to be "very favourable" and there appears to be a grace period to 1982 (when Koeberg comes on stream) after which interest and loan repayments fall due over a 5-6 year period. The group of banks is reportedly led by Credit Lyonnais and Banque de l'Indochine et de Suez. The exact amount, terms and conditions, however, are being kept secret A spokesman for Credit Lyonnais claimed that any information of this nature "is dynamite overseas" and that details are "between Escom and its suppliers" Another credit to pay for nuclear fuels supplied by Framatome was reportedly being negotiated. 288/ 356 Hill Samuel (United Kingdom) negotiated a £15 million, five-year export credit to SASOL for the import of capital equipment for the SASOL II oil-from- coal plant 289/ 357 The City of Cape Town raised its first syndicated loan for about R 10 million on the Swiss domestic market in May 1977 290/ 358. In July 1977, South African Railways was able to place a DM 35 million, threeyear bond issue on the West German capital market, almost double the amount tiginally sought This was reportedly the first publicized foreign bond issue by a South African borrower for at least 18 months The issue was handled by a group of international banks led by Berliner Handelsgesellschaft and Frankfurter Bank. 291/ 359. Foreign money also went to finance some of the most discredited apartheid institutions In October 19T6, shortly before the Transkei became "independent", it was announced that it had been granted a R 15 million loan by a consortium of South African and British financial concerns 292/ 360. Hr D. N. Thebehali, chairman of the Soweto Urban Bantu Council (UBC), announced after a trip to the United States in May 1977 that a R 212 million, longterm loan to the UBC was in the offing from a group of international financiers in the United States and Western Europe- Mr Thebehali had been given three months to conclude the documentation and approaches to guarantors to satisfy the lenders. 293/ The UBC was, however, forced by public pressure to resign shortly thereafter 361 On 12 November 1976, the Financial Mail listed several loans made by foreign banks to South African companies which had been "hushed up, particularly at the request of the lending banks" These were as follows: $100 million medium-term stand-by credit to Anglo American, negotiated on the Euromarket (September 1976) 288/ Financial Mail, Johannesburg, 17 December 1976. 289/ Rand Daily Mail, Johannesburg, 15 December 1976. 290/ The Star, Johannesburg, weekly airmail edition, 14 May 1977 291/ Rand Daily Mail, Johannesburg, 20 July 1977 292/ South African Digest, Pretoria, 22 October 1976 293/ Rand Daily Mail, Johannesburg, 28 May 1977 -137-

$15 million, six-year loan to Rand Mines for a coal mining project, by a consortium of United States banks led by Morgan Guaranty Trust (October 1976) $7 million loan to Macdem, subsidiary of a British company, by an undisclosed British bank (November 1976) P30 million, three-year stand-by credit to South Africa Breweries, negotiated by the London-based merchant bank Baring for a group dominated by the major United States banks In addition, the following loans were reported: R 26 ruillion short-term loan to Unisel, a mining house, from Barclays National Bank. 29)4/ R 20 million loan to Triomf Fertiliser from an undisclosed "foreign bank". 295/ 294/ Ibid., 12 December 1976 295/ Ibid., 25 May 1977 -138-

B. Direct investment 362 In March 1977, the Financial Mail asked a selection of foreign companies with substantial investments in South Africa how, if at all, "political turbulence" in the country had caused them to change their development plans The magazine concluded that "the prevailing mood is one of optimism, sprinkled with some signs of increased cautiousness Certainly none of those questioned has reneged on investments already announced" The report, however, cautioned that there was no way of knowing whether previously announced investment had been scaled down, or even entirely scrapped. 296/ On the other hand, a survey of 52 United States companies carried out by Prof Meyer Feldberg of the Graduate School of Business of Cape Town University indicated that 7 corporations were "actively contemplating" withdrawal from South Africa, and nearly 30 companies had indicated that they had no plans to increase their investment during the next five years Prof Feldberg, however, concluded that "as long as the Republic offers American capitalists a stable political and social environment, they will probably continue to invest here provided that the returns are adequate" 297/ 363. Among the companies which declared their continued commitment to investng in South Africa were some of the large oil companies In addition to providing petroleum and petroleum products to the r~gime and its armed forces, these companies have been major sources of capital for South Africa They have also been reportedly instrumental in breaking the United Nations sanctions against Rhodesia through their South African subsidiaries. 364. The Chairman of British Petroleum (BP) Southern Africa disclosed in August 1976 that the company was planning to speed up its rate of capital investment in South Africa and to spend over the next five years a sum of R 375 million which had originally been earmarked for spending in 10 years About R 100 r'il lion of this amount would be spent in developing coal mines in the Transvaal. BP still has faith in the long-term stability of South Africa, he explained, and "we are laying down hard cash to prove it" 298/ 365. The Royal Dutch/Shell Group had revealed in 1975 that the group was considering investments in South Africa of R 500 million over the next decade. Shell Chemical, which plans to invest about R 100 million in the period up to 1980, ran an advertising campaign in 1976 directed at "anyone thinking of quitting South Africa" "Why is Shell Chemical coming in with 1100 million? one advertisement asked. "Because of our belief in the nation's emerging greatness", was the answer, "we're backing South Africa" Shell has also invested over R 100 million in developing coal resources in the Eastern Transvaal in combination with South African interests Asked by the Financial Mail in March 1977 about the company's future intentions, the chairman, Mr Ken Geeling, declined to comment 299/ / 296/ Financial Mail, 4 March 1977 297/ Rand Daily Mail, Johannesburg, 21 June 1977 298/ Rand Daily Mail, Johannesburg, 14 August, 15 November 1976, Financial Times, London, 15 September 1976. BP is 68 per cent owned by the United Kingdom Government. 299/ On these two companies see Martin Bailey, "Shell and BP in South Africa", a joint Anti-Apartheid Movement/Haslemere Group publication, London, 1977 -139- 366. Several important car manufacturers have also declared their intention to step up investment in South Africa. British Leyland (a state-owned company) is planning to invest R 35million in its Durban and Cape Town plants A company spokesman was reported to have said that the company felt there wmuld be a "very bright long-term future in South Africa" for its operations 300/ 367 The South African subsidiary of Volkswagen is reportedly investing a further R 30 million in South Africa in the next two and a half years Mr Toni Schmuecker, president of the parent company, reportedly stated that VW had faith in the future of South Africa. He was convinced there would be political stability and an improvement in the present recessed state of the economy 301/ 368. Fiat is to invest another RlO million in its South African operation in a bid to improve its share of the local car market. In May 1976) the company undertook a major investigation into the advisability of remaining in South Africa. Dr Adolfo Morelli, deputy export director, stated: "For the last few years, South Africa has been a critical area for us Our study has substantiated our faith in the future of the South African market and has strengthened our resolve to remain in this country " 302_/ Managing Director Giancarlo Barsatti told the Financial Mail: ;'Nothing has changed. We are prepared to invest whatever is necessary to remain competitive " 369. In a special "public interest" report for 1976, General Motors (United States) declared that its presence in South Africa 'in no way constitutes endorsement or approval" of apartheid. The company, however, reaffirmed its position that ;necessary social and economic changes cannot be furthered by withdrawal" 303/ In an interview with the Financial Mail, a company spokesman declared that while General Motors had no immediate expansion plans, "it intends to remain in South Africa and is planning for the future" 370. Major chemical and engineering companies are also planning further investments in the apartheid economy The Imperial Chemical Industries (ICI) of the United Kingdom, a major investor in South Africa, is reportedly fully backing a R 1,000million, 10-year expansion programme begun in 1973 by the African Explosives and Chemical Industries (AECI), in which ICI has a 40 per cent shareholding 304/ 371. BASF, the West German company, told a Financial Mail interviewer that althdugh the "risk factor" had increased, "BASF is--estantly watching for further investment possibilities in South Africa" 372. Siemens is reportedly planning to increase its investment in South Africa's electrical engineering industry by more than R30 million over the next five years Mr Wilfried E Wentges, chief executive and vice-chairman of Siemens in South Africa, said this would enable Siemens to meet all its commitments in South Africa as well as those in neighbouring countries and to export to Brazil, 300/ Rand Daily Mail, Johannesburg, 5 November 1976 301/ South African Digest, Pretoria, 12 November 1976302/ Ibid., 6 August 1976 303/ The Star, Johannesburg, weekly airmail edition, 13 May 1977 304/ Financial Mail, Johannesburg, 4 March 1977 -140- Australia, Canada, the United Kingdom and even the Federal Republic of Germany itself. Total Siemens investment in South Africa was estimated at R 150 million in April 1976 305/ 373. In order to justify this continuing commitment to South Africa, some foreign companies have announced their intention to improve the condition of black workers On 1 March 1977, 12 major United States companies publicized a set of six principles "aimed to end segregation" and "to promote fair employment practices" at their South African operations The six principles, drawn up by Rev Leon Sullivan, Minister of the Zion Baptist Church of North Philadelphia and a board member of General Motors, included the following: Non-segregation of the races in all eating, comfort and work facilities; Equal and fair employment policies for all employees; Equal pay for equal or comparable work; Training progranmes to prepare blacks for supervisory, administrative, clerical and technical jobs; Increasing the number of blacks in management and supervisory positions; Improving the quality of employees' lives outside the work environment. 306/ 374. By July 1977, a total of 33 companies had endorsed the principles and Rev Sullivan stated he hoped to have 50 signatories by the end of the year (It may be recalled that there are some 350 United States companies operating in South Africa.) 375. These principles hardly meet the demands of the oppressed people of South Africa, and were widely criticized both inside and outside the country As one analyst put it: "In the abstract, the principles make unobjectionable reading. The catch lies in what they exclude, rather than what they include There is no demand for any change in the fundamental structure of apartheid, no demand for black political rights, and, closer to home, no commitment to negotiating with black trade unions or demands for their recognition by the Government " 307/ 305/ Sunday Times, Johannesburg, 10 October 1976 306/ Ibid., A ;"code of conduct" covering waages and job discrimination and opportunities for European Economic Community comoanies operating in south Africa is reportedly also being worked on by a working group of the FEC Council. 307/ Jennifer Davis, "Too little, too late - the US Corporation employment manifesto for South Africa", The Africa Fund, New York, Southern Africa Perspectives, No. 3/77

376. The apartheid r6gime, however, promptly endorsed the "principles" Dr C. P Mulder, Minister of Information and of the Interior, stated in the House of Assembly: "In expressing a desire to contribute to the well-being of the black worker in South Africa, these American companies are to be commended. In fact, the authorities welcome their declared intent to give further impetus to existing extensive development programmes in South Africa." 308/ 377. The companies had reportedly been careful not to antagonize the apartheid r6gime The statement was not publicly adopted before consulting the then South African Ambassador in Washington, Mr Roelof Botha. Key wording in the final draft was reportedly changed at his request The original draft had stated that "where implementation requires a modification of existing South African laws and customs we (the companies) will seek such modification through appropriate channels" The final draft eliminated all reference to changing laws and customs, merely referring to "working conditions" 378. The Financial Mail of 4 March 1977 quoted Mr Charles McCabe of General Motors as saying, "If you mean, do we envision our plant managers going to jail or us breaking the laws of South Africa, no we do not The paper commented that, given the obvious unwillingness of the companies to confront the r6gime with demands for change, it appeared that the statement of principles was directed more at the American public than at the Vorster r6gime The South African press observed that the six principles differed little from the guidelines suggested in 1974 by the United States Department of State, which were already implemented by some of the major United States companies. Thus even within their limited framewcrk, the principles were bound to have little impact. 309/ 379. Mr Scakes Sikhakhane, a leading black trade unionist, criticized the set of principles both because of its limited goals and because of its likely non- implementation "There is a lot of big talk at the top and very little happening on the shop floor," he said. "Generally, foreign companies are far reqmoved from the principles contained in the manifesto." He pointed out that only a few companies had worked at introducing changes, and even the few improvements had not always worked their way down to the worker 310/ 380. A prominent black employee at one of the United States companies which had signed the set of principles summed up black criticism as follows: "It looks good on paper, but in practice it means only minor, token changes It'll still be years before the steps bring significant results That would have been fine a decade ago. Now it's not enough If that's the only kind of pressure American businesses are willing to make, then I can see we can't rely on them as a major force for change ' 311/ 308/ House of Assembly Debates (Hansard), 4 March 1977, col. 2789-90 309/ The Star, Johannesburg, weekly airmail edition, 12 March 1977; Sunday Times, Johannesburg, 3 July 1977. 310/ The Star, Johannesburg, 4 March 1977 311/ Quoted in Jennifer Davis, op. cit -142-

381 One of the main issues of contention between black workers and foreign companies has been the question of recognition of black trade unions. 312/ Faced with international pressures, some companies have declared their willingness to deal with black unions For example, Ford, General Motors, and Volkswagen told a reporter in Port Elizabeth that they would recognize a black union if it represented more than 50 per cent of their black workers 313/ However, the vast majority of foreign companies have not only refused to recognize black unions, but have also taken full advantage of the repressive South African labour laws 382. Recently, black workers at two United States companies charged that they had been harassed and eventually fired for their trade union activities. The two companies, Kellogg (South Africa) and Heckett Metals (a joint undertaking of the South African Iron and Steel Corporation and the Harsco Corporation of Pennsylvania) claimed that they could not recognize the black unions involved (the Sweet, Food and Allied Workers' Union and the Metal and Allied Workers' Union) because that, according to them, would run counter to South African law 314/ 383. The British pharmaceutical company, Smith and Nephew, the only foreign company to have signed a contract with a black union, the National Union of Textile Workers, refused in July 1977 to negotiate a new agreement with the union, saying it would no longer recognize the union nor allow it to hold meetings at the factory The company insisted in its stance despite appeals by the British Labour attache in South Africa, the British Trade Union Council and various international textile unions 315/ 384. British Leyland refused to grant recognition to the Metal and Allied Workers' Union despite appeals by the International Metalworkers' Federation and the British Trade Union Council. The company's management claimed that "giving trade unions negotiating rights at this time might be considered a hasty move and could set back the cause of African trade unionism" It added that there was "a real danger of a backlash (by the apartheid r~gime) which could operate against the best commercial interests of the company" 31/ 385. African workers at Armourplate Safety Glass (a subsidiary of Pilkington's, United Kingdom) carried out the first legal strike and the longest by African workers (eight weeks) in South African history Both before and during the strike, which had been called to press the company to introduce a shorter work-week rather than laying off workers, the company refused to consult its works committee and to negotiate with the African union, the Glass and Allied Workers' Union. Groups of strikers were interrogated by Security Police, and those who had participated in picketing near the factory were sentenced to fines under the Riotous Assemblies Act The company stated that it considered the strikers as having "resigned", and hired an entirely new group of workers to replace them. 317/ 312/ Black trade unions are not illegal in South Africa, but they cannot be registered and have no recornized bargaining right under the law 313/ The Star, Johannesburg, weekly airmail edition, 2 April 1977 31_ Financial Mail, Johannesburg, 4 March, 15 April 1977 315/ Rand Daily Mail, Johannesburg, 21 July 1977 316/ Guardian, London, 14 September 1976 317/ Financial Mail, Johannesburg, 24 September, 8 October, 12 November 1976; Guardi-an, London, 23 September 1976.

383 The hostile attitude of foreign companies to African trade unions was shown by the response given by a number of British companies to a letter from Christian Concern for South Africa (CCSA) asking them to intercede in favour of 13 trade unionists banned by the apartheid r6gime in November 1976. Many companies claimed they could not get involved in "politics" Mr John Lyle, chairman of Tate and Lyle, reportedly wrote: "I feel that as this is a matter of the application of South African law and is also a predominantly political matter in a country foreign to our own, it would be prejudicial to our interest to try to use our influence with the South African government " 387 The Sunday Times, London, commented that the attitude of British business appeared to have "hardened significantly" since 1973, when disclosures of starvation wages and poor working conditions of African employees of British companies in South Africa had led to assurances that the situation would be improved. 318/ 388. In February 1977, the United Kingdom Secretary of State for Trade disclosed in the House of Commons that information on their South African operations had been made available by 160 out of 320 British companies approached by the United Kingdom Government on the subject The position of 41 companies still had to be clarified; another 95 did not answer because they employed less than 20 Africans Eighteen companies had published some information more limited than that sought by the Government; and 6 had declined to publish any information. Even when replies had been received, however, they covered wages more extensively than conditions of employment generally 319/ C Trade 389 As the attached table shows, trade between South Africa and its 10 major Vrading partners (the industrialized countries of the West and Japan) increased rapidly until 1974 South African imports in particular soared, as the r6gime launched a large-scale industrial development effort requiring heavy inputs of capital goods which had to be imported from abroad. By 1976, however, trade appeared to be stagnating, reflecting world recession and South Africa's own deteriorating economic situation. The trade of several of the major trading partners (United Kingdom, Federal Republic of Germany, Japan, Italy and Belgium) with South Africa decreased in the two-year period from 1974 to 1976. Only the trade of the United States increased by almost 30 per cent, so that the United States became the largest supplier to South Africa and the second most important trading partner of South Africa. 390. At the same time, trade between South Africa's major trading partners and independent African countries has increased at a rapid pace, in most cases outstripping trade with South Africa. This has increased South Africa's vulnerability to a trade boycott, arousing considerable concern in the country. 320/ 318/ Sunday Times, London, 16 January 1977 319/ House of Commons (Hansard), Written Answers to Questions, 15 FeFr-uary 1977, cols 112-121. 320/ Rand Daily Mail, Johannesburg, 26 and 30 May 1977.

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VII. APARTHEID IN SPORTS A. Progress of the campaign against apartheid in sports 391 The campaign for the boycott of South African sports teams, which are selected on the basis of apartheid, registered further significant advances during the past year 592. South African sports teams selected on the basis of apartheid, and "individual" sportsmen from the apartheid sports bodies, were banned from a number of international sporting tournaments 393. In November 1976, the Australian Government refused to grant visas to a South African team scheduled to participate in the World 505 Yachting Championships. 394 On 24 November 1976 South Africa withdrew from the 1977 international squash series to be held in Canada. 395. On 10 December 1976, a South African cricket team was forced to cut short its visit to Canada, cancelling matches in Vancouver, Edmonton, TMortreal and Ottawa. In Toronto, 60 anti-apartheid demonstrators disrupted the South African game against a Toronto Club by running onto the pitch. 396 In January 1977, the South African squash team was forced to withdraw from the World Championships, though they were allowed to compete as individuals. Top Pakistani players had earlier announced that they would not be participating in the British Open Squash Championships if South Africa participated. 397. In early 1977, South African archers were refused visas to enter Australia and compete in the World Archery Championships, either as a team or as "individuals" J98.. Also in early 1977, two matches between Derrick Robbins Cricket XI and the Wanderers Cricket Club of Johannesburg, and the Western Province Cricket Club, scheduled to be held in Hastings, United Kingdom, were cancelled. 399., On 12 February 1977, the South African golf team scheduled to play in the fourth Women's International Tournament in Colombia was barred by the Colombian Government The organizers of the tournament said the Springboks team had been "regrettably withdrawn because of difficulties in obtaining visas from the Colombian Government" 321/ 400. On 15 February 1977, the South African Minister of Sport told Parliament that New Zealand had withdrawn an invitation to a South African polo team to tour the country 322/ 321/ Rand Daily Mail, Johannesburg, 12 February 1977 322/ House of Assembly Debates (Hansard), 15 February 1977, Questions and Replies, cols 332-334 -146-

401. On 29 March 1977, the South African Minister of Sport told Parliament that the South African Gymnastic Union "had decided that it would be better for their international standing to cancel their participation (in a Danish Gymnastrada) when they learned of the negative political reaction against South Africa's participation in Denmark" 323/ 402. On 30 April 1977, the organizers of the World Women's Bowling Championships were obliged to withdraw their invitation to South Africa. 403. The 1979 Cape-to-Rio yacht race was cancelled after the Brazilian Government recommended to the national sports federation (Confederagao Nacional de Desportos) "not to encourage any sports competition with South Africa" 404. Meanwhile, a number of sporting events hosted by Scuth Africa were boycotted by other countries 405 On 13 October 1976, the New Zealand Foundation for the Blind decided against participating in the World Blind Bowlers Tournament, scheduled to be held in South Africa in January 1977 406. In November 1976, the World Waterskiing Union withdrew the 19TFWOrld Waterskiing Tournament from South Africa, and early in 1977 the World Hang Gliding Association withdrew the World Hang Gliding Tournament from South Africa. 407 On 4 December 1976, the New Zealand Rugby Football Union declined an invitation for the Maori "All-Blacks" rugby football team to tour South Africa. 408. In April 1977, the Australian Government persuaded an Australian squash team not to tour South Africa. 409 On 16 April 1977, the Palmerston North Boys High School (New Zealand) declined an invitation to send their first rugby football XV on a tour to South Africa. 410. In May 1977, South African women cricketers were not invited to participate in the Women's World Cricket Championships in India. 411. Several prominent sportsmen also refused to compete in South Africa. kis Arthur Ashe, the Wimbledon tennis champion, announced he would not be competing in the South African Open Tennis Championships In April he told the Rand Daily Mail: "The issue is not whether I play or do not play It is whether someone from Soweto or District Six can play in a mixed team in a mixed league at club level, buy any ticket at any window, and sit in any seat he can afford. That day must come soon or South Africa would not be able to take its normal place in international sports . One day all South Africans must have a common say in deciding their common destiny." 324/ 323bi__d., 29 March 1977, Questions and Replies, cols 733-734. 324/ Rand Daily Mail, Johannesburg, 21 April 1977

412. Mr Bruce Robertson, centre with the New Zealand All-Blacks rugby team, who toured South Africa in 1976, turned down an invitation to play in the World Rugby XV in Pretoria in August 1977, He said he would not return to the Republic until there had been a real change in apartheid in sports at the grassroots. 413 The President of the Supreme Council for Sports in Africa (SCSA), Mr Abraham Ordia, rejected an invitation from the South African Government to visit the Republic, to see for himself the alleged progress it has made and is still making towards integrated sports Mr Ordia said, "I must not expose myself to be used for political propaganda" He explained that he could not visit South Africa until the racist r6gime "first came to terms with my black brothers and sisters there" The regime should also adhere strictly to the OAU and the United Nations policies by completely integrating sports at schools, clubs, associations, and at national and international levels, he said. 325/ 414 British rugby authorities appear to be about to take a tough stand against apartheid in sports, rejecting so-called "reforms" by the South African regime. Mr Albert Agar, the secretary of the United Kingdom four home unions' tours committee, said that the 1978-1979 South African rugby tour of the United Kingdom: "is doomed unless genuine multiracial rugby is established in South Africa What Dr Koornhof tells us, and what actually transpires, are two entirely different things I, and many of my colleagues are dismayed. We really thought we had a new situation." 326/ 415, South Africa was suspended from two further international sporting bodies: the International Softball Federation and the Club de International Pisca de Sportive (C.I.P.S.) 327/ At an extraordinary meeting on 27 July 1977, the International Chess Federation decided to bar South Africa from its competitions until 1980. 328/ 416. At a government level, the period under review has been marked by some strong statements against apartheid in sports and sports contacts with South Africa from some States with which South Africa has had substantial sporting contacts 417 At the opening of the International Parliamentary Union meeting in April 1977, the Australian Prime Minister, 1r Malcolm Fraser, said: "I reaffirm the Australian Government's resolute opposition to all forms of racial discrimination, and its support for those practical measures, in conformity with the Charter of the United Nations, designed to end apartheid and all other forms of racism. There are still some I think, who argue that sport and politics have no relationship and therefore if sporting teams come in the form and the teams have been selected on a racial basis that's not 325/ Nigerian Herald, 4 November 1976 326/ Rand Daily Mail, Johannesburg, 14 October 1976. 327/ House of Assembly Debates (Hansard) 15 February 1977, Questions and Replies, cols 332-334. 323J The New York Times, 25 July 1977. -148- something that should concern Governments or in which Governments should take some action. i think that that kind of view is no longer credible in the year 1977 because it is not the government to whom the team might go that has introduced or would in this circumstance introduce sport into politics, it is the government of the other country that has made arrangements that sport be so structured within its own country that people of one race alone can participate in the sport and so if a government operates its own social and economic system in that form other governments cannot be expected to continue with the old and outdated proposition that sport is separate from politics because where sport is practised on a racist basis it is the government that does so that has introduced politics into sport." 418. The British Government has made it clear that "no South African teams are coming to Britain this year, whether to participate in the Women's Bowling Championships or any other sport, with any official support whatsoever" 329/ 419 The Canadian Minister of Sport stated, in a letter dated 20 May 1977, addressed to all Canadian sporting bodies and organizations, that the Canadian Government in no way supported sporting contacts with South Africa. The letter stated, inter alia: "Canada has maintained since 1974 a firm policy of not giving either financial or moral support to Canadian sports bodies for the purpose of travelling to South Africa for competition, or of hosting events in Canada in which South African teams or athletes are allowed to participate The Government does not consider itself to be in a position to place restrictions on the right of Canadian citizens to travel abroad. None the less, the Government firmly disapproves of all sport contact with South Africa, and within the limits of the policy described above, has done all that it can to discourage such contacts since that policy was adopted in 1974. "The Government is concerned that Canadian Sports Federations and individuals should not undertake actions which might cause adverse international attention to be focused on Canada or on Canadian Sports Federations. I therefore strongly urge you and other Canadian sports federations to do your utmost to discourage sports contacts with South Africa at all levels within your sport, whether national, provincial or local For its part, the Government will continue to enforce the policies expressed above Furthermore, as a reflection of the seriousness with which we regard this matter, the Government will in the future strongly discourage and, if necessary, take a very critical attitude in public towards any proposed sporiing contact between Canadians and South Africans, whether federal funding is involved or not. This concern would necessarily include proposals by Canadian Sports bodies to host world-class events at their own expense in those sports where South Africa is a member of the International Federation and, as such, would be eligible to participate." 420. The question of action against countries maintaining sports contacts with South Africa was under active consideration by African sports bodies and the OAU. In February 1977 the Council of Ministers of the OAU, meeting in Lome, Togo, called on "all OAU members to refrain from participating in all sporting events in 1977 and 1978 in which New Zealand or any other country maintaining sporting links with 329/ The Guardian, London, 26 February 1977

South Africa participates" Subsequently the Commonwealth Heads of Government, meeting in London in mid-June, discussed the issue at some length, and issued a unanimous Declaration in which Commonwealth Heads undertook to "vigorously combat the evil of apartheid by withholding any form of support for, and by taking every practical step to discourage contact or competition by their nationals with sporting organizations, teams or sportsmen from South Africa" 421 The New Zealand Government endorsed the Declaration. In June, the OAU Council of Ministers meeting in Libreville, Gabon, amended its resolution and invited "all OAU members to refrain from participating in any sporting event in which a National Sport Association, which maintains sporting relations with South Africa, is also taking part" B. Continued sporting exchanges with South Africa 422. However, some Governments, international sports bodies and individual athletes continue to remain insensitive to the problem of apartheid in sports 423. The International Lawn Tennis Federation, now renamed the International Tennis Federation (ITF), continues to maintain South Africa as a member in good standing. It has even taken punitive action against national affiliates which have supported the United Nations General Assembly resolutions and refused to compete against South Africa. The USSR, Hungary, Czechoslovakia and Philippines, who refused to play South Africa in the 1976 Women's Federation Cup Tournament, were fined by the ITF Despite increasing pressure, South Africa competed in the 1977 Federation Cup Tournament. In June, South Africa again survived an attempt to expel it from the tennis federation. The vote was 29- 25 in favour of expulsion, but a three-quarters majority is needed to expel a country After the vote had been taken, three of the six nations in North America announced they were pulling out of the competitions, as South Africa was to compete in the North American zone 424. The International Rugby Board has also consistently refused to expel the SouthAfrican Rugby Board from membership. It is in rugby, the major sport of white South Africans, that some of the most serious breaches of the boycott continue to occur In December 1976, the University of Cape Town Rugby Football XV announced its intention to undertake a tour which would consist of four games in Israel, and one each in Italy and Spain. The South Africans were also scheduled to play a World Rugby XV in Pretoria in late August 1977 425. Twenty overseas players were reported to have accepted invitations to play in the World Rugby XV as of early August, including five players from New Zealand, eight from the United Kingdom, and seven from France The New Zealand Rugby Football Union announced that decisions to participate in the match were up to the individual players to make The decision, however, was criticized by Mr Brian Talboys, Foreign Minister of New Zealand, as "a departure from the spirit of the Gleneagles Agreement" Following the announcement that the New Zealand players had accepted the invitation, African countries threatened to boycott the World Cup Athletics meeting in DUsseldorf, Federal Republic of Germany, in September 1977 and the 1978 Commonwealth Games, if the rugby visit went ahead. Mr- John Kasyoka, member of the Supreme Council for Sport in Africa, said the New Zealand Government's failure to prevent the visit "constituted a betrayal of the Commonwealth Prime Ministers' June agreement" 33J/ 330/ Rand Daily Mail, Johannesburg, 3 and 8 August 1977 -150-

426. In May, the London Irish rugby team undertook a short tour of South Africa at the invitation of the South African Rugby Board. The tour had been kept quiet "because of political implications", according to the President of the South African Rugby Federation. 427 A Belgian under-21 rugby team visited South Africa for a month starting at the end of July 1977 It was the first tour of the Republic by a Belgian team. 428. A team of 30 American athletes (including 10 blacks) and six Australians arrived in South Africa in December 1976 The party included a number of former Olympic competitors Mr. Arnie Richards, Vice-Chairman of the Long- Distance and Road-Running Committee of America, said that the team had decided not to apply for permits from the Ameiican Amateur Athletic Union to go to South Africa knowing that they would be refused as South Africa is barred from the International Athletic Federation. 429. South Africa competed against France and Canada in a triangular golf match in Paris in May 1977. 430. Four Springbok cricketers were invited to play in the R 700,000 "super series" in Australia in November 1977. The series is being organized by the Australian TV magnate, Mr Kerry Paker, who has signed contracts with 18 of the leading Australian test cricketers to play against 18 of the best players from the rest of the world. Furthermore, according to Springboks cricketer, Graeme Pollock, there was a strong possibility that the Australian test cricket team would tour South Africa in March 1978 431. In April, it was announced that Springboks gymnasts would tour the United States twice in late 1977 as a build-up to the 1978 world series being hosted by France. 432. South Africa was scheduled to host a top international carnival for surfers in July. Over 50 surfers from the United States were expected to attend. 433. A women's hockey tean from the Federal Republic of Germany, "Die Zugvogel", visited South Africa for eight matches, including three tests, in July 1977 The team was said to be a "private" team composed of ex-international players who were coming to South Africa as individuals. Strict secrecy about the visit was maintained, and the tour manager requested that no tour programme be published, that the press not be allowed to attend the test matches and that no press conference be arranged. The secrecy was reportedly related to the team members' fear of being barred from attending the 1978 Olympics because of their visit to South Africa. 434. South African teams participated in the tenth Maccabiah games in Tel Aviv in July 1977 435. An Israeli volley ball team, Maccabi Tel Aviv, toured South Africa for four weeks from 2 August 1977. They were scheduled to play in Johannesburg, Cape Town, Port Elizabeth and Durban. 436w It was disclosed in July 1977 that the Pakistan Squash Rackets Federation had lifted its 15-month old ban on players competing against South Africa. -151-

Pakistani squash players would once again be allowed to play against South Africans, although they were still not allowed to play against official South African teams or to go to the Republic. 437 South Africa was readmitted into the International Softball Federation after a short period of suspension. South Africa remained a member of the International Badminton Association, despite a vote of 37-36 in favour of expulsion at the IBA meeting in May A three-quarters majority is required under IBA rules before a country can be expelled. 438 In New Zealand, the Prime Minister, Rt. hon. R. D. Muldoon, repeatedly stated early in 1977 that the Government's policy had not changed. Over a six- week period during March and April New Zealand hosted four separate sporting contacts with South Africa. A New Zealand naval vessel, the H.M.N Z.S. Havea, officially opened an international angler's tournament in which South Africa participated. Defence Minister Allan McCready said the presence of the Hawea was a "goodwill gesture towards the organizers of the tournament" However, at the London Conference of Commonwealth Heads of State in June, the New Zealand Prime Minister was a party to the Declaration on sport. The Declaration was discussed by the New Zealand Government caucus in July, after which it was announced that the Government would: (a) Make available to national sporting bodies through the Minister of Recreation and Sport the official text of the Gleneagles Agreement; (b) Offer the guidance and counsel of the Minister of Foreign Affairs to any sporting organization faced with a decision on whether to have sporting contact with a country where sports are organized on the basis of race, colour or ethnic origin; (c) Make known the Government's views and those of the Commonwealth Heads of Government whenever it appears that such contacts are in contemplation by a New Zealand sporting organization. 331/ 331/ The Government's statement was reproduced in document A/AC.115/L.469 -152-

C. South Africa's sports policy 439. Inequality in sports has continued and increased despite claims by the regime that "reforms" were being introduced. 440- Information provided in Parliament by the Minister of Recreation and Sport, Dr Piet Koornhof, shows clearly the extent of racial discrimination in grants for sporting activities 441. Public monies spent on sport for the 1975/76 financial year went largely to white sports bodies: Whites: R 1,417,609 (Department of Sport and Recreation Grant) Africans: R 16,619 (Department of Sport and Recreation Grant) R 137,620 (Bantu Trust Fund Grant) R 261,200 (Bantu Sport and Recreation Fund Grant) Coloureds: R 449,112 (Department of Coloured Affairs Grant) Indians: R 20,300 (Department of Sport and Recreation Grant) 332/ 442. On a per capita basis, the Government spent the following amounts on sport: Whites: 33.16 cents Africans: 2.33 cents Coloureds: 18.46 cents Indians: 2 76 cents 443 In addition to this, in the 1976 calendar year, the Department of Sport and Recreation gave R 437,480 in grants to enable individual sportsmen and teams from other countries to visit South Africa. This sum represents more than the total amount contributed to African sport for all purposes 333/ 444. Since the adjustments to the Republic's sports policy announced in September 1976, the South African regime and her allies have sought to convince the world that "normal" sport is either now being practised in South Africa, or is very close to being practised. But inside South Africa, the government officials and officials of the white apartheid sports bodies have been at pains to point out that genuine non- racial sport is totally unacceptable to the Government 332/ House of Assembly Debates (Hansard), 1977, Questions and Replies, cols 75-76, 107, 151-154, 329-332, 488-489333/ Ibid., 15 February 1977, cols 343- 355 -153-

445 The attitude of the r~gime is reflected in the reintroduction early this year of the Reservation of Separate Amenities Amendment Bill, which will give it powers to control the admission or exclusion of people of different races to public amenities, including sports clubs 446. In October 1976, Dr Koornhof appealed to the chairmen of South African rugby clubs not to allow their players to take part in multiracial township games The Minister said that players who did would be going against the Government's sports policy and that the matches were illegal 334/ 447 Dr Dannie Craven, chairman of the whites-only South African Rugby Board (SARB), issued a strong warning to white rugby players who wanted to play in racially mixed matches He said SARB had the right to suspend players who took part in such matches: "The way it has been explained to us, is that racially mixed teams may not play each other And we must work within the framework of the policy " 135/ 448 Despite these clear warnings that any "mixed" rugby would be both illegal and contrary to policy, eight white rugby players participated with 22 blacks in a rugby match on 11 October 1976 in Port Elizabeth There were scenes of great excitement among black supporters of the game "We felt really good inside, you know,' said Alistair Weakley, one of the white players, "hundreds came up and thanked us It made it all worthwhile " 336/ 449 In interviews following the mixed game, the white players revealed that they were being watched by Security Police, and that one had been intimidated at work. They disclosed that their black team-mates had been barred from the white Crusaders Rugby Club field in the city, and that a black who wanted to join a white club had to give up the idea because of Security Police pressure In an interview in April 1977 they said: "The laws have not changed since last year All they are doing is playing black teams against white teams, and we are totally opposed to that " Asked why they had never been prosecuted they said "the details of the games were published overseas, and it would have caused too much of a stink" 33J450. In cricket, the President of the South African Cricket Association, Mr Billy Woodin, said in October 1976 that cricket administrators and the Minister of Sport had never agreed to multiracial club teams "Dr Koornhof has spelled out the new policy several times We and the Minister agreed to matches between cricket clubs of different races We never agreed to multiracial clubs", he said. In November 1976 Jeppe Old Boys Cricket Club refused to consider membership applications by three black cricketers because "we are a very conservative club and cannot contravene officially stated government policy" In December 1976 the organizing secretary of the Nutfield Cricket Week, Mr P Marsh, 334/ Cape Times, 11 October 1976 332/ The Star, Johannesburg, 9 October 1976. 336/ Thc 'eI York Times, 12 October 1976 337/ Three white players, Cheeky and Vallance Watson and Mike Ryan later quit white rugby and joined black clubs (The Star, Johannesburg, 16 October 1976; Sunday Times, Johannesburg, 13 February 1977; Auckland Star, 15 April 1977) -154- made it clear that there was no question of the NCW going multiracial in the near future "We are going to convey to the South African Cricket Association that we are behind them in their efforts to normalize cricket But we do not envisage contravening government policy particularly as our schools are State-aided", Mr Marsh said. 338/ 451 The Chairman of the whites-only South African Amateur Athletics Association made it clear in October 1976 that white athletics clubs would not be able to open their doors to other races within the next two years On 13 August 1977, however, the Amateur Athletics Association joined the other two racially based associations, the Amateur Athletics Federation (black) and the Amateur Athletics Bond (Coloured) informing a single controlling union It was reported that the constitution of the new organ provided for one national governing union and one national South African championship The new union would become operative on 16 September, when the racially based associations were to disband. 339/ 452. Local bodies have continued to resist moves towards non-racial sport In a number of instances, they have refused even to allow multinational matches consistent with Pretoria's policy In April the Mayor of Uitenhage, Mr Nic Classen, refused to allow a rugby match between a black and white team. The following month, blacks were refused permission to attend a friendly rugby match in Ladysmith. The town clerk of Ladysmith, Mr Pieter Hurter, said blacks were not permitted onto the grounds as a matter of course Kempton Park Town Council refused permission for multiracial tennis matches to be held in the town "because the necessary additional facilities could not be made available" 340/ 453. The South African Ministry of Sport and Recreation has reaffirmed the regime's policy on several occasions Mr E J Pienaar, spokesman for the Ministry, declared: "It is against the government policy to allow integrated teams " He said the Government's new sports policy was nothing more than an extension of the old policy down to club level 341/ 454. On 22 October 1976, the Secretary of the Ministry stated in a letter to the Secretary of the Crescent Cricket Club that "the sportsmen and sportswomen of the White, Coloured, Indian and Black people belong to their own clubs and control, arrange and manage their own sports matters" The letter also stated that "the new policy would apply with due regard to the provisions of any laws and regulations which may be appropriate" 455 On 3 December 1976, the Ministry stated in a letter to a sportsman who had written inouiring Pbout government policy that black players are not allowed to join white clubs Members of each and every population group have to join their own clubs 338/ Rand Daily Mail, Johannesburg, 12 October, 5 November 1976; The Citizen, Johannesburg, 23 December 1976 339/ Rand Daily Mail, Johannesburg, 13 August 1977; Sunday Times, Johannesburg, 14 August 1977 340/ Natal Mercury, Durban, 27 April 1977; Sunday Tribune, 5 May 1977; Rand Daily Mail, Johannesburg, 1 July 1977 341/ The Dominion, Wellington, 9 October 1976 --155-

456 In August 1977, following a statement by Dr Koornhof to the effect that there was no law prohibiting mixed clubs in any sport, official policy was reaffirmed by Dr Cornelius P Mulder, Minister of Information and leader of the National Party in the Transvaal, as follows: "Anyone who propagates mixed membership of sports clubs is not acting according to official party policy laid down at the Transvaal congress last year I want to make it clear that mixed membership of sports clubs is not the policy of the party " 342/ 457 The non-racial sports bodies have rejected, without qualification, the adjustments made to the sports policy by the September 1976 announcement 458 Mr Norman Middleton, former president of the South African Council on Sports and the South African Soccer Federation, said: "This policy is not acceptable it is based on racialism. "Multi-racial games - that is race groups playing other race groups have been rejected by the other non-racial sports organizations in South Africa and the whole world. "South Africa continues to be out of step and I don't think the new policy will save her from further isolation in international sport "My organization will continue to press for complete isolation of South Africa until all of us, irrespective of colour or race, can have integrated sport from club level upwards We will not compromise on this "l/ 459. Mr Hassan Howa, head of the Western Province Cricket Board and President of the South African Council on Sport, said: "The only advantage of the new policy is to use blacks to get whites back into international sport " 460 The Coloured People's Representative Council (CRC) also unanimously rejected the new sports policy 345/ 461. Great efforts were made by Mr Dannie Craven, President of the South African Rugby Board, to convince the outside world that South African rugby would soon have genuine unity" Dr Craven's efforts were totally rejected by the non-racial South African Rugby Union (SARU) At a special meeting in January SARU rejected Dr Craven's attempts to "normalize" rugby in South Africa. The SARU Secretary, Mr Ibrahim Patel, said: "The policy was found to be totally unacceptable SARB has offered SARU nothing new 342/ Rand Daily Mail, Johannesburg, 13 August 1977 343/ The South African Council on Sports is the umbrella body for all the non- racial sports bodies 3L4/ Rand Daily Mail, Johannesburg, 12 October 1976 345/ Ibid., 8 October 1976 -156-

"The present sports policy as it exists with no mixed rugby at club or provincial level is not acceptable to us "The meeting decided that there could be no compromise of our principle of non-racialism in sport This is out." 346/ 462. Mr M. N. Pather, Secretary of the South African Council on Sport told the London Sunday Times that Dr Craven's proposals for a mixed-race Springbok side were based precisely on South Africa's official apartheid policy "There is no prospect of integrated sport", said Pather, "as long as white South African sportsmen themselves hide behind official Government policy" 347/ 463. After a series of meetings between the four rugby bodies, the non-racial SARU announced that it would not participate in the trials to select the South African team to play the rest of the World XV in Pretoria in August 1977 SARU's refusal came after Dr Koornhof stated that mixed club rugby in South Africa would not be permitted. Mr Hassan Howa, president of the South African Council on Sport, took the position that "there can be no normal sport in an abnormal society" and that non-racial sports bodies should not co-operate with white sports groups until there is political and economic equality for blacks 348/ 464 The same position was taken by the non-racial South African Lawn Tennis Union when it refused to hold talks with the South African Tennis Union (white) and the South African National Lawn Tennis Union (black) concerning the "normalization" of South African tennis in view of the forthcoming visit of a fact- finding mission from the International Tennis Federation. The blacks-only SANLTU subsequently asked that the visit be cancelled. 465 There is evidence indicating an upsurge of support for the non-racial sports bodies, both inside and outside the Republic. Outside South Africa, the non-racial South African Council on Sport, was given observer status by the Supreme Council for Sport in Africa in January 1977 Inside the Republic, a small number of white sportsmen defected from the apartheid sports bodies and joined non- racial bodies But the most significant moves came from those black sportsmen and sports administrators who had previously acquiesced in the application of apartheid in sports It was announced in November 1976 that the Africans-only South African African Rugby Board would merge with SARU 349/ 466, Those black sportsmen who continued to accept and play sport according to established government policy are showing increasing signs of opposition to that policy In two recent separate athletics and cycling multinational tournaments black sportsmen boycotted the games because no seating had been provided for blacks by the Krugersdorp Council 350/ 467 There are also signs that black tennis players are increasingly dissatisfied with the white South African Tennis Union (SATU) Support is growing for the all-African South African National Lawn Tennis Union to cut its ties with SATU and join the non-racial Southern African Lawn Tennis Union. 3l5] 346] Natal Mercury, Durban, 18 January 1977 347/ Sunday Times, London, 30 January 1977 348 Rand Daily Mail, Johannesburg, 14 July, 3 and 8 August 1977 349/ The Star, Johannesburg, 22 November 1976. 350/ Sunday Express, Johannesburg, 13 February 1977; The Star, Johannesburg, weekly airmail edition, 1 March 1977 351/ Weekend World, Johannesburg, 28 April 1977 -157-

ANNEX II List of documents of the Special Committee against Apartheid 1977 A/AC.115/L.451 A/AC.115/L. 452 A/AC.115/L.453 A/AC.115/L.454 A/AC.115/L. 455 A/AC.115/L.456 A/AC.115/L.457 A/AC.115/L.458 A/AC.115/L.459 Press release dated 11 January 1977 from the Pan Africanist Congress of Azania and a cable from the African National Congress of South Africa concerning death in detention of two South African political prisoners Letter dated 17 January 1977 addressed to the Chairman of the Special Committee against Apartheid from Lars-Gunnar Erikkson, Director, International University Exchange Fund, concerning assistance for the education of a large number of young South African refugees Final Declaration of the Commission of Enquiry on Apartheid, Second Session, Paris, 29 January 1977 Letter dated 28 February 1977 from the Counter Information Services, London, addressed to the Chairman of the Special Committee against Apartheid Investment by Barclays Bank in South African Defence Bonds: report by the Sub- Committee on the Implementation of United Nations Resolutions and Collaboration with South Africa Present economic situation in South Africa and the importance of urgent international action to stop new investment in South Africa: report by the Sub- Committee on the Implementation of United Nations Resolutions and Collaboration with South Africa Tenth report of the Sub-Committee on Petitions and Information Final Documents of the Pan-African Trade Union of Solidarity with the Workers and People of South Africa: report by the Sub-Committee on the Implementation of United Nations Resolutions and Collaboration with South Africa Shell and British Petroleum (BP) in South Africa: report by the Sub-Committee on the Implementation of United Nations Resolutions and Collaboration with South Africa -158-

A/AC. 115/L. 460 A/AC. 115/L. 461 A/AC. 115/L.462 and Corr.1 Add. 1 A/AC.115/L.463 A/AC.115/L. 464 A/AC.115/L. 465 A/AC. 115/L. 466 A/AC. 115/L. 467 A/AC. 115/L. 468 and Add.1-14 A/AC. 115/L. 469 Participation of British companies in manufacture of tear-gas and equipment for military use in South Africa: report by the Sub-Committee on the Implementation of United Nations Resolutions and Collaboration with South Africa Letter dated 21 March 1977 from the United Kingdom Mission in reply to the letters from the Chairman of the Special Committee dated 8 March 1977 International Day for the Elimination of Racial Discrimination: messages received from Heads of State and Government, Prime Ministers and Foreign Ministers of States Members of the United Nations and/or specialized agencies and non- governmental organizations Letter dated 24 March 1977 addressed to the Chairman of the Special Committee against Apartheid from the Permanent Mission of Italy to the United Nations Letter dated 18 April 1977 addressed to the Chairman of the Special Committee against Apartheid from the Swedish Trade Union Confederation Letter dated 29 April 1977 addressed to the SecretaryGeneral from the World University Service International Day of Solidarity with the Struggling People of South Africa: messages received from Heads of State and Government, Prime Ministers and Foreign Ministers of States Members of the United Nations and/or specialized agencies and non-governmental organizations General Declaration and Programme of Action of the World Conference against Apartheid, Racism and Colonialism in Southern Africa (Lisbon, 16-19 June 1977) Letter dated 15 April 1977 from the Chairman of the Special Committee against Apartheid to the SecretaryGeneral requesting him to convey to Member States, specialized agencies and other intergovernmental organizations the request to provide information on (a) assistance provided by States and intergovernmental and non-governmental organizations to the oppressed people of South Africa and their liberation movements; (b) actions taken by States and intergovernmental and non-governmental organizations in implementation of the United Nations resolutions on the problem of apartheid, and replies thereto Statement issued by the Prime Minister of New Zealand on 14 July 1977 on apartheid in sports -159-

A/AC.115/L.470 A/AC.115/L.471 A/AC.115/L.472 A/AC 115/L.473 A/AC.115/L.474 A/AC.115/L.475 A/AC.115/L.476 A/AC.115/L.477 Memorandum dated 20 June 1977 received from the British Anti-Apartheid Movement on the trial of the "Pretoria Twelve" Guidelines for the World Conference for Action against Apartheid to be held in Lagos, 22 to 26 August 1977 International Year against Apartheid: preliminary report by the Working Group on the purpose and programme of the International Year TASS Statement on formulation of a nuclear weapon in the South African Republic Letter dated 8 June 1977 from the Chairman of the Special Committee against Apartheid addressed to Member States, and the replies thereto concerning comments or suggestions on the programme for the proposed International Anti- Apartheid Year Day of Solidarity with South African Political Prisoners: messages received from Governments of States Members of the United Nations and/or specialized agencies and non-governmental organizations Statement of the "Kairos" Working Group dated September 1977 The Lagos Declaration for Action against Apartheid -16o- calJi tj) j-Je1lI-V -- h1..VI Z 3h.6 HOW TO OBTAIN UNITED NATIONS PUBLICATIONS United Nations publications may be obtained from -bookstores and distributors throughout the world. Consult your bookstore or write to: United Nations, Sales Section, New York or Geneva. COMMENT SE PROCURER LES PUBLICATIONS DES -NATIONS UNIES Les publications des Nations Unies sont en vente dans lea librairies et lea agences ddpositaires du monde entier. Informez-vous auprbs de votre libraire ou adresaez- vous A : Nations Unies, Section des ventes, New York ou Genbve. RAN IOlIYIHTI H39AHMS OPrAHH 3AIXEH OBb-HuEHHbIX HAIXHE Hsj3aHHx OpraHff3aHH 06'eAHHeHHm]x Haiak MOMfHO HYXXHTL B KnCmix Mar 3HHax m area'TcTBax SO Bcex palkoHax Mmpa. HaBOARTe cnpasma o5 R3Aaur.x a namleM KHHMKHOM Mara3HHe HJH nHLUxHTe no aApecy: 0prsHH3aiHHa 0%Ae mmeaHxx HaILn1Ht, Cer.-8A no npoAa,)ae H39aHHAd, HI'o-P[opK HAh Meneaa. COMO CONSEGUIR PUBLICACIONES DE LAS NACIONES UNIDAS Las publicaciones de las Naciones Unidas estin en venta en librerias y cams distribuidoras en todas partes del mundo. Consulte a su librero o dirfijase a: Naciones Unidas, Secci6n de Ventas, Nueva York o Ginebra. Litho in United Nations, New York Price: $U.S. 10.00 22248- November 1977-3,375 (or equivalent in other currencies)