The Press in South Africa

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Alternative title Notes and Documents - United Nations Centre Against ApartheidNo. 24/72 Author/Creator United Nations Centre against Apartheid; Ginwala, Frene Publisher Department of Political and Security Council Affairs Date 1972-11-00 Resource type Reports Language English Subject Coverage (spatial) South Africa Coverage (temporal) 1972 Source Northwestern University Libraries Description This paper deals with the press in South Africa with special reference to apartheid. It shows how the South African government has banned, and prevented the re-emergence of, newspapers which reflect the views and aspirations of the oppressed majority of the African population, how it has persecured journalists opposed to apartheid and has limited the freedom of the newspapers. Format extent 33 page(s) (length/size)

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http://www.aluka.org UNIT ON APARTHEID

UNIT ON APARTHEID DEPARTMENT 0F POLITICAL AND SECURITY COUNCIL AFFAIRS NOTES ANO DVOCUM~EN, S* f November 1972 THE PRESS IN SOUTH AFRICA by Frene Ginwala Note: This paper, prepared for the Unit on Apartheid, deals with the press in South Africa with special reference to apartheid. It shows how the South African Goverment has banned, and prevented the re-emergence of, newspapers which reflect the views and aspirations of the oppressed majority of the African population, how it has persecuted journ lists opposed to apartheid and has limited even the freedom of the newspapers, which are controlled by members of the white political parties, financial interests and mining interests. Miss Ginwala is a South African barrister and journalist nw in exile in London. She was editor of Spearhead and the Standard and Sunday News in Tanzania, and is now a regular contributor to a number of East African and Asian newspapers. She participated in the special session of the Special Committee on Apartheid in London in June 1968. The views expressed are those of the author.j *AII material in these notes and documents may be freely reprinted. Acknowledgement, together with a copy of the publication containing the reprint, would be appreciated. No. 24/T12

INTRODUCTION The South African press today is almost exclusively white-owned, whitecontrolled and it overwhelmingly reflects white attitudes. Such newspapers as were owned by Blacks or those which spoke up for Black aspirations have been forced out of Black-control by the economic pressures of apartheid or closed down by the repressive measures of the Government. The ownership and control of the press reflects the power structure in South African society, where all power is wielded by a white minority for the purpose of furthering its own narrow interests. Since this minority carefully controls all access to power, it follows that the Black majority could not be permitted so effective a weapon as a press. Thus the major part of the press supports the existing system in South Africa, whether or not it chooses to call it apartheid. It sees no oppression, misery or injustice in South African society and, by its own logic and values, considers itself a "free" press operating in a "democratic" society. Very fe, papers have tried to look below the surface. They have seen and exposed some of the iniquities of the system. However, they have tended to concentrate on the hardships caused to individuals and groups, and have called for some reform without questioning the basic structure itself. They have sought to put balm on the wounds caused by apartheid, but sought no cure for the disease. They have been inhibited by the nature of the groups who control them, and whose interests are their prime concern, from dealing with the fundamental question of Black participation in decision making, in which lies the only real solution to the hardships and misery of the South African people. For all the "threats" against the English language press made by the Nationalist party and South African Government Ministers, this basic attitude of the newspapers is recognized, and hence they are allowed a degree of latitude in their news and feature coluns. Those newspapers such as the Guardian and its successors,which challenged the basic assumption of a South Africa in which decision making was an exclusivelywhite prerogative were closed down by Government action. l' In an article on press freedom in the South African Sun dayTimes, the editor of the Sunday Times accepted the basis on which he was allowed any freedom but he blinded himself about its limits. He wrote: The Non-White papers cannot deal honestly with those political issues because if they did, they would pretty soon be regarded as "agitators" and "incitors" - and perhaps something a good deal worse... i , See below, p.21

If I were asked to say why the English language press flourishes and enjoys so much freedom, I would say that it is because we operate almost entirely Within a white framework. We share with most white people the attitude that whatever is decided about the future, it is going to be decided by 71hite people alone and nobody else. As long as we continue to operate within that framework - and I cannot see anyone wanting to make a change - the English newspapers will continue to enjoy first-class freedom... 2j Laws limiting press freedom Since there are more than twenty-five laws which infringe on press freedom in South Africa, it is incredible that the editor of the newspaper with the largest circulation in the country should still consider that he enjoys "so much freedom". The authoress, Nadine Gordimer, has referred to what she termed the "blunting of human faculties that control of communications is steadily achieving" in South Africa, / and the editor of the Sunday Times is not alone in his self-delusion. The insidious influence of apartheid, allied with the effort and money spent on propaganda, has resulted in a white society which in general considers and acts in the belief that South Africa is a free and democratic country. A free press cannot exist outside a free society, and South Africa is not free. Apart from the laws that directly affect what a newspaper may publish, the apparatus of a repressive state machinery that includes restrictions on freedom of movement, Y// that limits the right of specified people to gather and meet with whomsoever they wish, and that is armed with a veritable armoury of restrictive legislation on political activity, must inevitably affect the press. Not only is the gathering of news limited but such an atmosphere of fear and caution is infused that newspaper editors are intimidated into effectively censoring themselves. 2/ SundavTimes, Johannesburg, March 21, 1972 ' Article by Nadine Gordimer in Reality, cited in S unda Times, Johannesburg, November 11, 1970 4 An African reporter could not move freely because of the pass laws. An Indian South African requires a permit to cross any provincial boundary and would have difficulty trying to report a lengthy Supreme Court hearing in Bloemfontein. Non- Africans require permits to enter African reserves and urban townships. Journalists have been found guilty of infringing these laws in the course of their work. See Alex Hepple, Censorship and Press Control in South Africa (published by author, Johannesburg, 1960o)-, p.28.

Uhen newspapers published reports of "Freedom Radio," a broadcast station operating underground in contravention of the Radio Act, a Minister took it upon himself to hint that their action might be construed as aiding and abetting the offenders. There follored an immediate discontinuance of these reports. 5/ The legislation which is aimed at controlling newspapers or indirectly affects what may and may not be published is often vague in its implications. But in the overall atmosphere of South Africa, it has a very limiting effect. In a recent discussion broadcast over the South African Broadcasting Corporation, Allister Sparks, Deputy Editor of the Rand Daily Hail said: Very frequently we have information which we suppress, in order to err on the side of caution because we are not quite sure how these vague laws are going to be put into effect. The Prisons Act / is a case in point. There is no newspaper in South Africa today that will publish any information about conditions in prisons unless it comes from the Department itself. 1/ The prohibitions under the Suppression of Communism Act 1950 81 are so widely phrased that, in the words of Mr. Alex Hepple "(they) endanger the right of every forthright critic of baaskap Nationalism, every advocate of a welfare state, every socialist, and every proponent of a non-racial democracy in South Africa, to freely publish their opinions". 9,' In a now oft repeated but still valid phrase, a South African editor once described the task of editing a paper in the country as "walking blindfold through a minefield". Since then, newspapers have been closed down, journalists sentenced to imprisonment, and editors and owners charged. The situation was described more aptly by another editor as follows: Ue are no longer walking blindfold through a minefield. Several of those mines have already exploded at our feet and the continued freedom is in jeopardy. l0' 5' Edgar Brookes and J.B. Macailey: Civil Liberty in South Africa (Cape Town, 1958), p.87 6/ Act No.8 of 1959, as amended by Act No.75 of 1965 7/ Rand Daily , il, Johannesburg, February 5, 1972. The Rand Dily Mai was charged and faced a seven month trial under the above-mentioned legislation Q, Act No.44 of 1950 2' Hepple, 2p_.cit., p.18 10,/ The Star, Johannesburg, Hay 16, 1970

I. THE BLACK PRESS Any consideration of the limits on press freedom in South Africa must start from the constraints inherent in the system - and there can be no greater restriction than to have no press. Today the Black people have no press - neither one they own, nor one that reflects their views and aspirations, nor one that strives for the attainment of their freedom. South African history in this century is one of regression. In the first decade, the Black people, though restricted and discriminated against, still had more rights and freedom than they have today. The past seventy years have witnessed a progressive removal of the franchise; greater limitation on land ownership; more restrictions on the freedom of movement inside and outside the country; the replacement of education by indoctrination in schools and segregation into tribal universities; a diminution in the wealth of the Dlack people and fewer opportunities for advancement. One aspect of this backward march. whilst all Africa and the world has moved forward, has been the decline in the Black press in South Africa. Pioneers of African press African newspapers were pioneered in South Africa and from their infancy they spoke for African aspirations. As early as 1884, John Tengo Jabavu founded and edited Imvo Zabantsundu. John Dube, who was later to become the first President of the South African Native National Congress...... (SANNC), i1/ was founder-editor of Ilanfa Lase Natal in 1904. The Rev. Walter Rubusana, who was later to become one of the first Vice Presidents of the SANNC, founded Izwi la Bantu. In 1912, shortly after the formation of the Congress, Abantu Batho was established as its official organ, with the financial assistance of the Swazi Queen Regent. It was Abantu Batho which popularized the slogan Mayibuy'iAfrika (Let Africa Come Back) and which successfully campaigned against pass laws for women in the Orange Free State. Other African newspapers were being published in different parts of the country, usually under the guidance of Congress leaders. Sol Plaatje was editor of Tsala ea Batho in Kimberly; Messenger loruma was published in Bloemfontein and The Native Advocate was published in Pretoria. Umlomo w7a Bantu, African Shield, and Ikuezi le Afrika also appeared for brief periods. The Coloured and Indian political organizations also had their newspapers. The APO was published by the African Peoples Organization and l/ Later the African National Congress

-5 campaigned vigorously against the discriminatory constitution introduced by the South Africa Act of 1909, which restricted the franchise and did not allor Black members to sit in the House of Assembly or Senate. In 1903, Mahatma Gandhi founded Indian Opinion which publicized Indian grievances in South Africa and helped mobilize the people in the passive resistance campaigns in-he Transvaal and Natal. Apart from these organs of the major Black organizations, there were a number of other papers throughout the country owned by the Black people or speaking for them. There was a flourishing trade union press, which spoke for the working class and not for a section of the privileged white minority who were workers. The Industrial and Commercial Workers Union (ICU) published the Workers Herald from 1925 to 1928 edited by its leader, Clements Kadalie. The Communist Party published the South African Worker and later, Umsebenzi. Some trade unions also ran their own newspapers. In the 1950s, the South African Congress of Trade Unions (SACTU) published Torkers Unity, but was forced to discontinue when the banning of trade union officials made the effective functioning of SACTU itself impossible. Takeove r by white capital In spite of these many initiatives by the Black people, a survey of the South African press today would show no African owned or controlled newspapers. .2/ This development is no accident but an inevitable and deliberate result of the political and economic situation in the country. Some of the earliest African papers are still publishing, but are now in non-Black ownership and control. 1hite capital has also started newspapers for an African readership. The "profit" envisaged has been seen to lie not only in the annual balance sheets of the newspaper companies but also in the promotion of white economic and political interests. In 1921 after a strike by African workers in the gold mines, Umteteli wa Bantu was started with the assistance of the Native Recruiting Corporation to guide African opinion along the "right lines". 13' Not surprisingly the paper owned by the Chamber of Mines opposed the African Mineworkers Union and the heroic 1946 strike. 14/ 2i/ -wo weekly newspapers, The Leader and The Graphic, are still owned and run by Indian South Africans in Natal. 13', Edward Roux, "The Bantu Press," Trek, Johannesburg, August 24, 1945 141/ tneteli wa . Bantu, August 17, 1946

In 1931 Bantu Press (Pty) Ltd. was established, ostensibly to help African newspapers in obtaining advertising, improving their technical resources and organizing proper distribution. But the underlying political motivation was revealed by A.J. Friedgut in the Handbook on Race Relations in South Africa: At the time when the venture was still in the process of being conceived, when the idea of amalgamating the three main surviving papers (ILm vo Zabantcsundu, Ilanga lase Natal and Ilo.chochonono) into a group was still being born, the minds of many Europeans were still vivid with memories of the dramatic rise of the ICU. Some were anxious about the political legacies bequeathed by this movement to Africans because they were anxious about future relations between black and white. They wondered what should be done to direct Bantu opinion along a course of cooperation with the white man. 1 The course African-directed newspapers were to follow became explicit later. A policy statement of newspapers owned by the group says: The Bantu Press at all times guides and counsels the Bantu peoples on lines of sane and steady progress within the commercial system of today and in cooperation with constitutional authority. (author's emphasis) 16/ U.G. Ballinger was consulted about the launching of the .Bantu World, until he reconmended a policy of criticizing the Chamber of Mines on wage rates and the white labour policy, creating African vigilance committees to combat the pass laws, abolishing the Masters and Servants Acts and fostering African trade unions. , / Needless to say these are not policies advocated by the group's newspapers. Having started with the purpose of bringing African papers together to strengthen them by sharing facilities, Bantu Press gradually bought out the major independent African newspapers. Over the years, the papers have changed hands and many are now published by the 1World Printing and Publishing Co. (Pty) Ltd. a subsidiary of the Argus group. Imvo Zabantsundu has been published by the Afrikaanse Pers. The newspaper industry requires immense capital investment and, in a capitalist society, it needs the advertising support of other industries in order to continue. Small independent newspapers or those following political policies unpopular with those who control the economy have been forced to close in many countries, not least in South Africa. .15/' Handbook of Ra.ce. Relations (Cape Town, 1949), p.493 .i,' Black Gold: A New Market and Its Media (Bantu Press, 1945) 17/' P. Walshe, The Rise of African Nationalism in South Africa (London, 1970), p.218

-7- The task of ensuring white control has been made easier by the deteriorating economic conditions of the Black people, wrho are no longer able to finance and maintain a press of their own. Barbara Rogers has documented this decline: Between 1928 and 1953 it is estimated that real African incomes in urban areas declined by 6.54... It would appear that African real earnings in urban areas are declining substantially. Significantly, the average increase in incomes per head between 1948 and 1970 is just under 5%, almost identical with the rate of increase in the African cost of living over that period. If the increasing number of wage earners per household is taken into account, the trend appears to have been adverse. i/ Apart from the legal restrictions, these economic facts have to be taken into account in any attempt to re-establish a Black press in South Africa. Nonetheless, attempts are again being made. Following earlier calls for a Black press from the community, a seminar was to be held in Johannesburg on October 9, 1972 to discuss the existing newspapers and look into the possibilities of starting a company which would establish and run a Black press. Those invited to the seminar included Black journalists, SASO branches and student representative councils from the Black universities. This followed to advertisers attempt will face formidable difficulties if the policies to be reflect Black aspirations, for the response of the Government, and the white press will certainly take this fact into consideration. .1' United Nations. Unit on Aartheid Notes and Documents, "The Standard of Living of Africans in South Africa", No.45 71

II. THE WHITE PRESS One .ihite editor, Mr. Horris Broughton, has written about the attitude of the Dlack people vis-a-vis the white press: Where the disenfranchised masses are concerned it is doubtful whether any single adult member of these millions looks upon the press as "his" press or as a vehicle giving him any measure of freedom of expression and communication outside the extremely limited and cautious "Bantu press". The publicity that it gives to dramatic and calamitous occasions is valued. But as a great institution objectively reporting and reflecting his activities, his struggles, his reality, the events that concern him and his daily life as an urban dweller and buyer of newspapers, it does not for him, exist. 19/ The fundamental attitude of the press in South Africa whatever the editorial pretensions is revealed by the terminology it employs with respect to South Africans 20/ which places the majority Blacks outside the socius: the meaning of the term "South African" in the white press means white South African. (This is an offence of which the foreign press is also guilty.) The reference to any aspect of life at all presumes a reference to white: thus "The Social Scene" shows only whites; "Building Workers Get Rise" refers to white workers only; "Survey of new opportunities for School Leavers" excludes Black children and so on. Implicit in this terminology is an acceptance of apartheid - with a South African nation composed only of whites with all other groups as separated outsiders. Some white newspapers have made attempts to try and attract a Black readership by catering to them. However, the staff on these papers is white 19/ M. Broughton, Press and Politics in South Africa (Cape Towrn 1961), P.155 20j' The word, "Native", beloved of the British Inpire, is not favoured by the Nationalist Government, which claims with historical inaccuracy that the Afrihaaners are equally native to South Africa. The apartheid term is "Bantu". The National Liberation Movement preferred to use the word African. There has been a growing resentment at the use of the negative term "Non-white" to include African, Coloured and Indian South Africans, and a popular rreference for the use of "Black". This year followzing public criticism and the exclusion of a Rand Daily Hail reporter from a conference of the South African Students Organization" KO), the paper changed its terminology and now uses "Black". The rest of the white press continues to use "Non-white". and, in common with their compatriots, know only their own small part of South African society. They know little of the life, problems and aspirations of the Blacks and hence are unable to deal adequately with stories covering their lives. Though some newspapers have made an effort to employ Black reporters including Africans, Indians and Coloured people, each to cover their specific communities - space for such coverage is limited and in the absence of Black sub- editors the editorial treatment of the stories still reflects the conception of these groups as something separate from, if not totally outside, "South African society". In the absence of a press of their own, Blacks do read the white press, but in small numbers - the cost of newspapers being another inhibiting factor. The results of a survey as reported to the Sociological Society in 1969 show that only about one out of 10 Africans over the age of 16 years, of whom about half are literate, read daily newspapers whilst 14% read Sunday newspapers and Teekly periodicals. Most of these Africans read English-language papers. Amongst the Coloured people, 901 of whom speak Afrikaans, 70% of those over 16 are literate. But 7 out of 10 do not read daily newspapers and only 4 out of 100 read an Afrikaans-daily newspaper. Of Indian South Africans, 80% are literate, yet 47 of those over 16 do not read a daily newspaper. 211 DailyNe Durban, February 7, 1969

-10- III. OWNERSHIP OF THE PRESS Not only are South African newTspapers owmed almost exclusively by the whites but one finds that a small section within that group - a section whose continued excistence is dependent on the perpetuation of racial discrimination controls the overwhelming majority of newspapers. Representatives of the mining houses and the Afrikaner political heirarchy feature prominently on all Doards of Directors. A. The Afrikaans Press All the Afrikaans newspapers in South Africa are pro-Government and proapartheid. They are neuspapers of the Nationalist Party and have Cabinet Ministers sitting on their Boards of Directors. They sometimes carry their support into the advertising columns and have refused space to opposition viewpoints. 221 Occasionally, particularly recently, there have been articles critical of the application of certain Government policies. This has led to demands for greater control. The Congress of the Nationalist Party in Natal has debated a motion that all journalists on the Afrikaans newspapers should come under the same discipline as party members. 23/ Already these journalists are forbidden to belong to the South African Society of Journalists. In recent years, faced with the "threat" of television, the South African press has consolidated itself into larger groups. The Afrikans Press is now divided between two groups, one representing the essentially Transvaal Wing of the party and the other, the Cape wing. The northern groups, AfrikaansePers and Voortrekerrs, have amalgamated into Die Perskopoqprasie VanSuid A This new company will have a book value of R25 million and a turnover of R30 million. The Afrikaanse Pers, which will hold 755 of the shares of the new company, were publishers of Vaderland (daily), Hoofs tad (daily) and Financial Gazette (weekly) as well as Imvo Zabantsundu and Bona, directed at the African market, and some smaller Afrikaans periodicals and rural papers in the Transvaal. The Phodesian Financial Gazette, which supports the Smith r~gime, is also published by it. The Voortrekde-pers were publishers of Die Transvaler and Die Natalerboth dailies. The new company is to launch another daily newspaper in the Transvaal from Pretoria on November 1, 1972. The Perskorporasie Board includes six current Cabinet ministers: the Chairman is Ben Schoeman, Transvaal Nationalist leader and Minister of Transport; 2,' Hepple, oP.cit., Pp.32-33 25, Ban aily tail, Johannesburg, November 1, 1972

11-- the Deputy Chairman, M.C. Botha, is Minister of Bantu Administration and Development, and of Bantu Education. Other Ministers on the Board are Dr. Diederichs (Finance), Dr. H. Muller (Foreign Affairs), M. Viljoen (Labour and Post and Telegraphs), and Dr. C.P. Mulder (Interior and Social Welfare and Pensions). The main newspapers in the Cape are published by Nasionale Pers, the Board of which includes the Minister of Defence, P.W. Botha, and the Minister of Justice and Prisons, P.C. Pelser. This group which is regarded as representing the Verlighte (enlightened) wing of the Nationalist Party publishes Die Burger (daily), Volksblad (daily), .Oosterli (daily) as well as nationally circulating magazines such as Huisgenoot, Sarie Marais, Landbou.eek.blad and Fair Lady. It also published the Sunday Die. Beeld but in 1970, this was merged with the Afrikaanse Pers' Dagbreek en Landstem to become the Sunday EappoRt which now has a national circulation of 476,000,24< second only to the Sund.ay Times' 492,000. 2.4' Circulation figures for daily and weekly Papers: January to June 1972 (Circulation per 1,000) Dailies Star Rand Daily Mail Cape Argus World Daily News Cape Times Natal Hercury Die Burger* Vaderland* Transvaler* Volksblad* Eastern Province Herald Pretoria News Daily Dispatch Hoofstad* Evening Post Natal Witness Oosterlig* Friend Diamond Fields Advertiser 184 139 115 101 100 75 72 64 55 41 36 31 27 27 25 25 16 12 8 7 ,eeklies Sunday Times Rapport* Sunday Express Sunday Tribune Weekend World 0 Post Teekend Argus Weekend Cape Times Cape Herald Weekend Burger* Post (Natal) Ilanga Ueekend Evening Post Imvo 7abantsundu Financial Mail Financial Gazette * Denotes Afrikaans-language papers

-12- Rapport is the only Afrikaans paper which does not have Cabinet Ministers on its Board, but as already stated, its holding companies are not free of Cabinet control. B. The Ena&lis.Eh lanrgua Press The English language press in South Africa is popularly regarded as the "opposition" press. This term, however, is misleading as it refers to opposition within a white Parliamentary framework which excludes the majority of South Africans and, in its present divisions, is largely irrelevant to their demands. There is no English-language daily newspaper that supports the Government of the Nationalist party, a fact which arouses much passion in Government ranks. There have been frequent calls for the establishment of a Nationalist supporting English-language paper, and, following a suggestion by Mr. Vorster, 25/ the Natal Nationalist Party Congress has established a committee to corsider this possibility. The largest press company in South Africa is the Argus Printing and Publishing Company. 6/ It began with the apf Argus in 1857 and supported financial and commercial interests in the Cape. With the start of gold mining in Johannesburg, it bought the Johannesburg Star and became the voice of the mining interests. Of its eight directors, two are nominees of the Rand Mines Group and two of the Johannesburg Consolidated Investment Company, which together hold 13.2% of the capital. 12.2% of Argus shares are held by nominees of Barclays and Standard Banks and the Anglo American Group holds a further 3.6%. Amongst the publications controlled by Argus are: The Star, The Argus, TheDa.l News, Sunday Tribune, Diamond Fields Advertiser, The Friend., Femina, and 17oman's Life. Pretoria Neirs, The I-orld, Ilanga, Times of Swaziland, PhotoLKrphy.a.d Travel, South African World of Sound, Who's Wlho of Southern Africa. Financial ofearbok_ South Aria, Al ng Yearbook and the Cape Herald. 25/ Rand Daily Mail, Johannesburg, September 16, 1971 / The share capitalization of the newspaper publishing companies as at March 1970, according to the Daily Di3patch of May 25, 1970 is as follows: Argus 54, South African Associated Newspapers 17% Independents 12% Afrikaanse Pers : Voortreekerpers 10% Nasionale Pers 7% i00%

-13- Subsidiary companies include: The Friend Newspapers Ltd. (100%), Pretoria News (5i'), Combined Publishers (Pty) Ltd. (100%), Western Cape Publications (Pty) Ltd. (100%) and the Rhodesian Printing and Publishing Co. (shareholding reduced to 4+0% in 1969), which controls the major press organs in ,hodesia. Argus also has a 70% shareholding in World Printing and Publishing Company (Pty) Ltd. whose papers are aimed at the Black reader in South Africa and Swaziland. The independent Post was taken over at the end of last year and is now merged with the weekend WJorld. Argus further extended its empire when as part of the recent consolidation process it acquired a 31.25% holding in the next largest group, the South African Associated Newspapers (SAAN). In 1968, Government intervention prevented Argus acquiring a much larger stake in its main rival. SAAN has now acquired a 7% interest in Argus. ?7J The Argus group also has strong links with the South African Press Association (SAPA), which has a monopoly of news distribution in South Africa. Recently it has increased its holding in Central News Agency, the major distributing company in South Africa to 37-75% by buying out the interests of the Cape Times and SAAN. 2%' The second largest group is the SAAN, mentioned above, which was created by a merger of the Rand Daily Mail and the Sunday Times syndicate. It publishes the Rand Daily Mail, the S unday. Times, the Sunday Express, the Eastern Province Herald and the Port Elizabeth EveningPost. It also has a 50% interest in the weekly Financial Hail, the other 50% being held by the British Financial Times. The main shareholder in SAAN is the Abe Bailey Trust and Estate with 65.9%. The Cane_ Times, which was started in 1876, now owns one of the largest printing businesses in the Republic. It has a shareholding in SAAN and a mutual direction. Its Chairman is Clive Corden, who is also Chairman of the Abe Bailey Trust, the major shareholder in SAAN. The Natal Mercury, the DalyDisp Atch and the Natal Witness appear to be the only English-language newspapers unconnected with Argus and SAAN. The Daiy Dispatch is published by a company in which the Crewe Trust owns 70% of the shares. The Trust, formed on the death of Sir Charles Crewe in 1936, distributes its income among ecclesiastical, charitable and educational organizations. 29 2' Sunday.T~imes, Johannesburg, January 16, 1971 281 Financ ial Mail, Johannesburg, July 28, 1972 29/ Daily D.ispatch, East London, May 25, 1970

The Natal .ercurX is still under the control of the Robinson family, George Robinson having started the paper in 1852, the Natal Witness is South Africa's oldest newspaper and its owners have always been Pietermaritzburg citizens, though ownership has changed. C. Press Policy In the circumstances it is not surprising to find that the press in general is the mouthpiece of the dominant economic and political interests. 1r. Lindsay-Smith has written: It has been the policy of the greater part of the daily press, not omitting the Argus group, that ipso facto, whatever is best for the gold mines is best for South Africa as a whole and that end is kept foremost in mind... Before the publication of any items bearing upon the mining industry, it has been the general policy of one group of newspapers to submit items in question to the mining industry and, should they clash with mining policy, they are either scrapped or altered in such a way as to be inoffensive. 30i Press policy is often controlled by the owners, not the editors. In the case of the Argus group, this is explicit. The History of the Argus Printing and Publishin Co. says: The policy of the paper is that laid down by the Directors and they have the right when necessity arises of giving specific instructions. 311l But even where there is control from the editorial chair, both the reporting and policy are reflections of the divisions in South Africa. Save for those newspapers aimed at a Black readership, the journalists are white, the interests are white, the readership is white and above all the perspective is white. Outside of calamity and politics, the majority of the population does not feature. Their interests, their activities, aspirations and grief are not news unless they reach disaster proportions. One needs cite no examples - any newspaper on any day would provide a myriad illustrations. The press reflects also the divisions wJithin the white-language groups, seeing themselves as the spokesmen for either the English or Afrikaner groups. In their editorial columns, they have long continued the Afrikaner/English disputes of the 19th and early 20th centuries. As a result, they continue to see the basic conflict in South Africa as one between these groups, and this colours their reporting and interpretation of events. 50 Lindsay-Smith, The Press in South Africa 31/ At p.269

-15- Thus much of the press depicted the confrontation between the police and white students in Cape Town and elsewhere earlier this year in simple terms of an Afrikaner English conflict, ignoring the significance and often also the events themselves of the earlier confrontations at the Black student campuses. An overemphasis on divisions amongst the white groups tends to mask the real issues in the country, and is often designed to divert attention. Of the realty of any division the Report of the Social Commission of the Study Project on Christianity in Apartheid Society (SPROCAS) stated: A number of conflicts in white politics tend to draw attention away from the basic issue of white/black conflict. One of these is the Afrikaans-English rivalry among whites. Both groups, generally, are committed to white supremacy, but pursue this ideal With policies which are formulated in different terms. 11hile this conflict does, to some extent, weaken the political solidarity of the white group, the fact that white politics proceeds with heated debate within a democratic framewrork, creates the illusion of greater freedom for political dissent and debate than actually exists in South Africa. In a similar sense, the conflict of interests between the rhite businessmen and Government policymakers creates the impression of a deep cleavage among whites, and hence appears to indicate possibilities for change. The conflict, while very real in many ways, has never concerned the issue of bargaining rights for blacks in the labour market. Hence there is an often unrecognized underlying solidarity between the Government and private enterprise. 32. The English language "opposition" press as spokesman of the economic interests in the country is firmly and self-consciously part of the ruling establishment and is thus opposed to the aims of the national liberation movement. The Nationalist newspapers regard any criticism of the system or exposure of its malfunction as tantamount to treason. They and the Government, including occasionally various Prime Ministers, have frequently attacked the English-language press for its alleged opposition to apartheid and hence betrayal of what is in their view the country's interest. To quote again from the SPROCAS report: The illusion is created of a courageous and outspoken English press, willing to fight for the underdog regardless of the consequences. The reality must be judged from the very few occasions when newspapers have been forced to defend themselves 32/ Toward Social Change, Report of the SPROCAS Social Commission (Johannesburg, "1971), p.160

-16- in court, or, in the case of the larger papers, been forced to close down as a result of forthright criticism of the Government. Just as the Afrikaans press is outspoken with the framework acceptable to Afrikanerdom, so the English press maintains itself within the framework acceptable to a Government which would like to project an image of reasonableness. 53/ The English language press is handicapped in its consideration of the racial problems and policies be seeing the salvation of the English-speaking group and hence of the country as lying in the re-election of the United Party to Government. United Party policy as enunciated by General Smuts has not basically altered since 1948 when he said: Our policy has been European paramountcy in this country. Our policy has not been equal rights. It is an abstraction forced upon us by our opponents. ITe stand and have always stood for European supremacy in this country...Ie have always stood and we stand for social and residential separation in this country and for the avoidance of all racial mixture. 3_/ In the twenty-four years since this statement was made, the United Party "opposition" in Parliament has consisted of objecting to the institutionalizing of racialism rather than to its existence. It has given positive support to most of the Government's repressive legislation. The United Party's latest suggestion for a federal-type South Africa still sees real power firmly in a white-controlled Parliament. D. The Rand Daily Mail The Rand Dailv Mail stands out for its support for the broad principles of the Progressive Party and the "idea of a planned programme of gradual integration". 35/ But the Progressive Party cannot receive the support of the Black majority 5/ for in as much as it tries to work within the limits 53,' p.87 4/ South Africa. House of Assembly Debates (Hansard), September 21, 1948, col.2905 5/ Rand Dail Mail, Johannesburg, October 31, 1970 5 The Progressive Party receives its support from the most affluent sector of the white population. One of its best known supporters is Harry Oppenheimer of the Anglo American Corporation. Cynical Black people have referred to this fact for the apparant failure of the Rand Dailk Mail to carry exposures of conditions in the mining industry.

-17- set by the artheid State, it is faced with the dilemma of all liberals in South Africa: to find a policy for change that will be acceptable to the Blacks but which requires the support of the white electorate. In reality, this means that the "planned programme for gradual integration" supported by the Rand Daily Mail and the Progressive Party is one planned by whites, carried out by whites, at a pace to be decided by whites, and only to the extent that it is acceptable to the whites. Yet for all its limitation, the Rand Daily Mail in its South African context must be commended for editorially accepting a one-nation South Africa and for its courageous features exposing some aspects of the application of ,partheid and the police state. Its exposures of prison conditions, police brutality and torture brought the conditions in which political prisoners are held to the attention of - white South Africa. The unexplained deaths of detainees whilst in the custody of the Security Police did cause some disquiet in the white community, due largely to the coverage given by the Rand Daily Mail. The paper has not emerged unscathed. The then editor, Laurence Gandar, Benjamin Pogrund, a journalist, and the owners of the SAAN were found guilty after a 7-month trial under the Prisons Act for publishing "false" information about prison conditions without taking "reasonable steps to verify the information" despite the reliance on sworn statements on the part of former prisoners and warders as the basis for the stories. On that occasion, they were sentenced to nominal fines. In addition, the paper has increasingly been singled out for mention amongst the more generalized attacks by Nationalist Ministers against the press and cries for more control and new censorship powers.

-18- IV. CENSORSHIP AND BANS A. Press Code of Conduct In its attempts to avoid direct censorship, much of the press has censored itself. Papers published by members of the Newspaper Press Union (NPU) have been exempted from the Publications and Entertainment Act 1963 37/. This exemption was made as the NPU had already agreed to control its members through a Code of Conduct, the final clause of which reads: While the press retains its traditional rights of criticism, comment should take cognizance of the complex racial problems in South Africa, the general good and the safety of the country and its people. SAAN accepted the Code under protest and claimed the right to withdraw in future. It said: While the concept of self-discipline by the Press is acceptable, the Board (of Directors) believes that political pressure has given rise to the establishment of the Board of Reference, particularly as Clause 3(d) of the Code has political implications. 58," The South African Society of Journalists (SASJ) condemned the code as the voluntary acceptance of censorship. They stated: We believe that the last clause of the Code of Conduct means plainly that criticism of present government policy must be toned down. However, in May 1971 the SASJ extended its recognition to the Press Board of Reference set up to administer the code. Up to February 1972, 24 complaints had been made to the Board and 16 of them were upheld. Needless to say, the Board has no representative on it of the people who constitute the majority element in the "complex racial problems in South Africa". B. Press-Police Agreement The NPU has also negotiated an agreement with the police to establish a framework for "healthy relations". The Press has undertaken not to embarrass 37, Act. No.26 of 1963, as amended. The Rand Daily Mail reported on March 5, 1971 that according to the publisher of the Objectionable Literature Index, Mr. Kenneth Jacobson, 12, 651, books, films and records had been banned by the Publications Control Board under that Act. 38j' Rand Daily}Mail, Johannesburg, February 8, 1965 39, 1970 Report of the South African Journalists Circle to the IOJ,

-19- or hinder the police in their duties, while the police have promised reasonable cooperation in reporting news. However, in a new agreement negotiated over three years and finalized in 1967, the press has made two significant concessions to the police. The first is that if any statement or comment is attributed to a policeman not identified in a story, the editor must divulge the name to the Commissioner of Police if so requested. The second is the voluntary acceptance by the press of the police right to "advise" on what may be published. 40/ Under the old code, editors were obliged to communicate to a seniorpolice officer "for the purpose of enabling such officer to make representations in connexion with the publication thereof, any information independently obtained by the newspaper relating to crime under investigation by the police." The new agreement requires editors to communicate "before publication" to a senior officer "information concerning crime or State security which has been obtained by the nespaper independently from the police, to enable such officer to advise whether the information should be published, where such publication may interfere with the investigation of any crime". In addition, There information related to "a crime of extraordinary seriousness or to State Security or where the publication thereof may defeat the ends of justice", the Commissioner of Police, or a senior officer designated by him "may request any editor not to publish or delay publication of any such information". C. The South Africa Foundation Any assessment of self-censorship by the press must take into account the composition and purpose of the South Africa Foundation. The main object of the Foundation is the promotion of "international understanding of the South African way of life, achievements and aspirations" by way of "positive campaigns which shall present to the world at large the true picture of South Africa". The South African way of life is aartheid and the Foundation's positive campaigns are essentially to promote an understanding of apartheid. This might accurately describe the attitude of the press as well. That this should be so is not surprising, in view of the number of press representatives who are also trustees of the Foundation. 49/ Rand Daily Ilail, Johannesburg, November 25, 1968

-20- Amongst the first Trustees in 1960 were the following: Anton Rupert: Director of Dagbreek A. Berrill: Chairman of CNA Ltd., and Director of Bantu News Agency Clive S. Corder: Director Cape Times, Barclays, Union Castle, Goodyear Tyres, Schwreppes, Syfrets Trust G.H.R. Edmunds: Chairman of SAAN, Deputy Chairman South African Board of Standard Bank of South Africa, Director of several mining companies, Chairman of Band Dailv Mail and Sunda. Times Syndicate Dr. A.L. Geyer: Director of Nasionale Pers, and former editor inchief of all its publications, Chairman of SABRA, Director of Barclays DCO, English Electric, Former editor of Die Buriger, former High Commissioner in London Dr. P.J. Meyer: Political correspondent of Dagbreek, later Chairman of South African Broadcasting Corporation Dr. H.S. Louw: Director of Dagbbreek Dr. F.H. Du Toit: Alternate Director of Dagbreek Trust Since 1960, some of these are no longer Trustees, but they have been replaced with men of equivalent standing and power in the South African press. C. Lenislation The Government does have very ride powers to control the press: it can ban particular newspapers, or all publications of particular organizations or views. It can also act against individuals by preventing what they say or write from being published. It can prevent particular persons from continuing as journalists, or even entering premises concerned with the publication of newspapers. Further, if the Minister believes it may be necessary to prohibit a newspaper, a deposit of P20,000 can be required prior to registration even before a single copy has been published! The widest of the Government's powers are contained in the Suppression of Communism Act 1950. 41/ The State President is empowered to prohibit "the printing, publication or disseminati6n' of any periodical publication not only of the Communist Party but also any which "serves inter alia as a means for expressing views or conveying information, the publication of which is 141/ Act No.44 of 1950, as amended

-21- calculated to further the achievement of any of the objects of communism". !,2,/ There is no appeal against the ban and the penalty for printing, publishing or disseminating a banned publication is between one and ten years' imprisonment. The provisions of this Act were used to ban the weekly newspaper The Guardian in 1952, its successor, Advance, in 1954 and its successor, New.A'ge, in 1962. The monthly magazine Fighting Talk was similarly banned in 1963. At the time they were banned, all these papers were supporters of the national liberation movement. Spark, rhich was the successor to New Age, and the Coloured weekly paper, The Torch, were forced to cease publication by the use of other sections of the Suppression of Communism Act, as amended. Notices were served on leading journalists as well as management staff, which prevented them from following their professions. The notices prohibited these men from being in any place which "constitutes the premises on which any publication as defined in Sec. 1 of the Suppression of Communism Act is prepared, compiled, printed or published". They also prohibited the recipients from "preparing, compiling, printing, publishing or disseminating in any manner rhatsoever" any publication, as defined in the Act, or from preparing 2n.2 matter for publication or assisting in any way in bringing out an publication. 43j/ Thus these journalists were no longer allowed to put pen to paper. They could not work for any newspaper in South Africa. They were prevented from acting as correspondents for foreign newspapers or agencies, or from writing articles or books on any subject whatsoever. At the same time, all those people who had been banned or listed under the Act were prohibited from working on newspapers. Other papers which sympathized in any way with the liberation movement were also forced to close down. The journals, Forum and Forward, were subjected to such financial and political pressure that they were compelled to cease publication. 1*4J Several editors of Contact, a paper associated with the Liberal Party, were banned and the paper was forced to close down. A similar fate overtook the duplicated journal, Focus. 421 Ibid., Sect. 6(d) 13/ Statement on the closure of gpa r, by the publishers, the Real Printing and Publishing Company of Cape Town. 4/ See 39/

-22- In 1968, when the Prohibition of Political Interference Act made multiracial political organizations illegal and criminal, the Liberal Party disbanded itself. Its two papers, Transkei Liberal News and Liberal Party News. also went out of existence. In terms of the Unlarful Organizations Act 45/ the public policies and views of the African National Congress and other banned organizations may not be published in South Africa. Under the Public Safety Act, 46/ the Executive is empowered to declare a State of Emergency at its oirn discretion and may thereupon, ban any newspaper. Uith regard to the impact of this lair on the freedom of speech, Mr. Hepple has written: The extent of censorship under this lair is total. The Iliinister can, if he is so minded, close down newspapers, prohibit the printing, publication or dissemination of any matter and suppress all news. 47,' These laws allow for and have been used to prevent the publication of particular newspapers. There are a very large number of others which direct what may or may not be published or which introduce restrictions in..other spheres which prevevt the publication of particular items. A list of the legislation and relevant provisions appears as Appendix I. Unlike English lai, South Africa does not recognize truth as a good defence in an action for defamation. The element of public interest is also a factor, and in South Africa "public interest" has been equated with "white interest". Regardless of intent, a newspaper is in danger of being charged with incitement under the Criminal Law Amendment Act .4,' if it publishes a story that an illegal strike in protest against apartheid is being organized. refusal to answer questions before a magistrate carries a penalty under the Criminal Procedure Act 49/ of up to a year's imprisonment at a time. A number of journalists have gone to jail under this Act in order to protect their sources. Not only is it an offence under the Prisons Act _5p/ to publish information about a prisoner or prisons without permission but even a picture of a 4 / Act NO.34 of 1960 Act No.3 of 1953 477 Hepple, op.cit., p.19 488, Act No.8 of 1953 4%/ Act No.56 of 1955, as amended , Act No.8 of 1959, as amended

-23- prisoner taken before arrest may only be published after official approval. Definition of what may constitute "defence" and "security" matters are very wide. In 1967 a golfer in Port Elizabeth saw a jet trainer overhead having taken off from a nearby field. Then from the trainer, a pair of trousers fluttered down, followed by a tie. The Press found it necessary to refer the report to the Department of Defence for permission to publish the story. 51j" The blockbuster law, popularly known as the BOSS Law, 52 was passed in 1969. The Bureau for State Security (BOSS) 5_/ was set up to investigate all matters affecting the security of the State, and under the BOSS Law, it is illegal to publish anything concerning a security matter. 5/ Further, in terms of that same law, a Minister or an official delegated by him may prevent any evidence or document from being submitted to the courts, if such information is considered to be prejudicial to the intersts of the State or public security.55.rhus the Government may prevent information from being made public through coverage of court proceedings by suppressing that information at the source. Nevertheless, shortly after the enactment of the BOSS Law the Deputy Minister of Justice, G.F. Van L. Fronelan, assured the South African white public that South Africa was still a democracy and that the Government would not take any rights from them. D. A free press? Much of the South African press still refers to South Africa as a democratic country with no "curtailments" of its freedom. At what point, however, does a press cease to be free? W1hen there are five legislative provisions restricting what may be published? Or ten? Tenty? One hundred? How does one measure press freedom? By legislative enactments or by the nature of the society in which the press operates? How much longer before the South African press stops talking of "threats" to freedom of the press and wakes up to the reality that it is not free? Apartheid has tried to divide and segregate the country. But it can never place "Black Freedom" and "White Freedom" into separate compartments, for the very attempt to divide, to exclude one from the other, to remove either from the totality, extinguishes freedom itself. It is at this point that the South African press surrendered its freedom. It can only begin to regain it when it recognizes that there can be no freedom for the press in a society where the people are not free. 51/ Rand Daily Mai., Johannesburg, January 23, 1968 521 The General Law Amendment Act, No.101 of 1969 53/ Established by the Public Service Amendment Act, No.86 of 1969 Section 10 of Act No.101 of 1969 55/ Section 29 of Act No.10 of 1969

Apendix I LAIS ALLOWING FOR CENSORSHIP IN SOUTH AFRICA Legislation and common law regulate what may be published or exhibited in all States. In South Africa, the powers of the authorities are comprehensive and arbitrary. The Deputy Minister of the Interior, Dr. Schalk van der Men-re, recently claimed that there was no censorship in South Africa but merely "control". He said that censorship unlike control was final and there was no appeal against it and no machinery for appeal. A survey of the legislation below indicates that against the most repressive of the provisions in South Africa, there is no appeal. Further, in South Africa, the "security of the state" is identified with the preservation of a particular political system and the preservation of the interests of the white minority. Thus in South Africa, a large volume of legislation is used to suppress any opposition to the r~gime which protects these interests. The following consists of some of the most important examples of restrictive legislation. A. FEDERAL LEGISLATION * Bantu Administration Act.l/ According to section 29(i), "any person who utters any words or does any other act or thing whatever with intent to promote feelings of hostility between Natives and Europeans shall be guilty of an offence". * Riotous Assemblies Act. 2' The Act first became law in 1914 and empowered the State President to prohibit publication of any "documentary information" which in his opinion was "calculated to engender feelings of hostility between the European inhabitants of the Union on the one hand and any other section of the inhabitants of the Union on the other hand". This legislation does not require the subjective test of intent as the Bantu Administration Act above, nor does either legislation cover relations between the Black groups (i.e. the attempts to engender hostility between Africans and Indians as occured in 1949). The legislation has only been used to protect white interests. * Entertainments (Censorship) Act. i,, The Act created a Board of Censors, whose powers were originally limited to films and advertising. Later legislation, however, provided that before banning imported books, periodicals and other printed matter, the Minister of the Interior should consult the Board of Censors. l_! Originally enacted as Native Administration Act, No.38 of 1927, as amended ?/ Act No.17 of 1956, as amended 5j Act No.28 of 1931, as amended

-25- The subjects which, if covered in an "offensive manner", would lead to banning included the following: scenes containing reference to controversial international politics; scenes representing antagonistic relations between capital and labour; scenes shol-Ting the inter-mingling of Black and 1Phite or "pugilistic encounters" between them. * Suppression of CommunismAct. 4 The Act empowers the State President to ban any individual, newspaper or periodical that in his opinion is assisting in achieving "any of the objects of communism", the definition of which is very wide. (There is no appeal against the banning of newspapers.) Amendments to this Act have given the Government the power to prohibit the publication in South Africa of statements made by banned people. Under this Act, any statement by a banned person, whether alive or dead, whether living in South Africa or abroad, cannot be published without the permission of the Minister of Justice. In addition, people who have been banned under this Act, may be prohibited from performing certain Acts, including producing anything for publication even outside South Africa and a number of journalists have been prohibited from entering any permises concerned with the publication of newspapers. The Act may also require a newspaper to deposit R20,000 ( 28,000) for registration if the Minister of Justice certifies that he has reason to believe that the publication propogates "communism' or the views of an unlawful organization. * Criminal Law Amendment Act. 5/ The Act makes it an offence to use language or perform any act calculated to cause anyone else to contravene any law by way of protest against any law. It also authorizes the seizure of letters, newspapers or other matter sent through the post if it is suspected that they are intended for any purpose connected with the assistance of a protest against any law. Under this law, the mere publication by a newspaper of a story concerning a planned protest could be regarded as incitement. The penalty for incitement includes imprisonment for up to 5 years and/or whipping not exceeding 10 strokes. * Public SafetyAct.. 6J The Act provides for the declaration of a State of Emergency and the banning of any newspaper. When the Minister of Justice introduced this Act, he attacked the press for what he termed "campaign of irresponsible lies". 4j' Act No.44 of 1950, as amended 5/ Act No.8 of 1953, as amended 61 Act No.3 of 1953

-26- * Criminal Procedure Act. Y/ Under section 83 of the Act, anyone having information which is required by the police can be brought before a magistrate and questioned. Refusal to answer is liable to imprisonment for up to one year. (The previous penalty used to be 8 days' imprisonment). During this questioning period, there is no right to legal representation. The provision has been used against journalists in an attempt to force them to divulge their sources. * Customs Act. 8/ In addition to providing for the prohibition from importation of books, newspapers, magazines and periodicals which are "indecent or obscene" the Act provides for their prohibition if "on any ground whatsoever objectionable". * Official Secrets Act. 9/ The Act makes it an offence to publish information on military or related matters. An amending Act 10/ extended this to "police matter" which is defined as "any matter relating to the preservation of the internal security of the Republic or the maintenance of law and order by the South African Police". In 1969 the Act was further amended by the General Law Amendment Act (the so-called BOSS law) by extending the scope of the Official Secrets Act, making it illegal to publish anything concerning the Bureau for State Security. * Extension of Universitv Education.Act. )l The Act established the separate tribal colleges for Black students. Regulations framed under this Act provide as follows: "No magazine, publication or pamphlet for which students are wholly or partly responsible may be circulated without permission of the Rector .... and no statement may be given to the press by or on behalf of the students without the Rector's permission." At least one student newspaper is imown to have been banned under these regulations. * Prisons Act. 12j This Act provides that "any person who, without the authority in writing of the Commissioner of prisons publishes or divulges any information concerning any prisoner, ex-prisoner or the administration of any prison" is guilty of an offence and liable to a fine of £100 or one year's imprisonment without the option of a fine. It also makes it an offence to "publish any false information concerning the behaviour or experience in prison of any prisoner or ex-prisoner or concerning the administration of any 7/ Act No.56 of 1955, as amended .j Act No.55 of 1955 9/ Act No.16 of 1956 10/ Act No.65 of 1965 .1/ Act No.45 of 1959, as amended 2/ Act No.8 of 1959, as amended

-27- prison, knowing the same to be false, or without taking reasonable steps to verify such information. The onus of proving that "reasonable steps" were taken to verify such information is placed on the accused, a reversal of the normal burden of proof. In the Rand Daily Mail press case referred to, "reasonable steps" was held not to include sworn statements. * Unlawful Organizations Ac t. l5 This Act provides for the declaration as "unlawful" of particular organizations. None of the policies and views of such organizations or any information which might be held to further the aims of such banned organizations may be subsequently published. The African National Congress, the Pan Africanist Congress and the South African Defence and Aid Fund are "unlawful" organizations in terms of this Act. * Defence Amendment Act. 141 It is a criminal offence under this Act to publish any information, comment or rumour relating to the ccnposition, movements, or dispositions of the South African or allied defence forces without authority of the Minister of Defence. In August of this year charges against the editor of The Star in terms of this legislation were withdrainm. The prosecution arose because of a report published by The Star that South Africa was considering asking Spanish shipyards to build a number of vessels for the South African Navy. * Publication and Entertainments Act. 15./ The Act contains 98 definitions of what is considered "undesirable" in terms of this legislation. Newspapers which are members of the Newspaper Press Union are at present excluded from its provisions. A report from an Interdepartmental Committee on Censorship is awaited before amending legislation is introduced. An amendment to the Act in 1969 gave the Publications Board power to ban all future issues of a periodical if even one article in an issue is undesirable. General Law Amendment Act. 16/ The Minister of Justice is empowered under this Act to declare any place or area to be "protected" in the interests of the public or the safety of the state. The Press is prohibited from identifying protected places in any report or picture. * The Criminal Procedure Act. l/ Section 215 bis of this Act provides for the detention without trial or charge for repeated periods of 180 days of any person who may be likely to give evidence for the State in any criminal proceedings. 15/ Act No.34 of 1960 l_,' Act No.85 of 1967 15, Act No.26 of 1963 l61' Act No.37 of 1963 17/ Act No.96 of 1965

-28- * The Terrorism Act. 18J Persons alleged to be in possession of information about terroristic activities may be detained indefinitely under this Act without charge or trial. Three journalists were among the 2? arrested under this legislation in May 1969. They were brought to trial under the Suppression of Communism Act but the charges were withdrawn and they were discharged by the presiding judge. They were immediately re-detained, later charged under the Terrorism Act, and were again acquitted. * The General Law Amendment Act. 9/ ("The BOSS Act") This prohibits the communication or publication of any information concerning the Bureau of State Security, its officials or the relationship of any person with it, e.g. someone detained by BOSS. It also empowers the Government to prevent the production in Court of any evidence it chooses, notwithstanding that such evidence may be required for the defence of any accused person and may substantiate his innocence. In addition to the above laws, various other laws regulate freedom of movement and therefore restrict the fact-finding capacity of Black reporters. For example, entry into the reserves requires a special pass, the issuance of which is controlled by the Government. Thus the Government is able to prevent the disclosure of conditions in the reserves and the verification of reports of "black spot removals" 20' and widespread malnutriation and starvation in the reserves. 181 Act No.83 of 1967 19;' Act No.l1 of 1969 2O/ "Black spots" are those pockets of black communities in the socalled white areas which consist of 87% of thv land surface of South Africa. In terms of the Government's policy of racial segregation, these communities are forcibly removed from their homes and dumped in the areas designated as their reserves, which constitute only 13% of the land.

-29- B. PROVINCIAL LEGISLATION Act 31 of 1892:_Cae An offence is committed by any person who "sells, distributes, offers for sale or distribution, or wilfully exposes and causes to be exposed to public view any indecent or obscene publication". Act i8of 1909: Transvaal Writing or transmitting any communication containing indecent or obscene matter is a criminal offence. Ordinance 1 of 1920: Transvaal The Administrator is empowered to prohibit exhibition of any picture or performance etc. which is in his opinion contrary to good morals or "public policy". Ordinance 9of 9 26:- CApe The Administrator may prohibit the performance of any play or other entertainment which offends religious convictions or brings any section of the public into ridicule or contempt or is contrary to good morals or public policy. Ordinance 14of . 916 and Ordinance 19 of 1924: Natal Borough Councils and local authorities may prohibit exhibition or sale of "any postcard, picture, book, article or thing which in the opinion of such councils are of an indecent, offensive, unseemly or objectionable character".

-30- ALppendix II PERSECUTION OF JOURNALISTS In the course of its offensive against what it terms the anti-apartheid press in South Africa, the Nationalist Government has inflicted a variety of penalties on progressive and democratic journalists. These penalties range from imprisonment to the imposition of banning orders which effectively silence a journalist, for banned persons may not be quoted anywhere in the Republic. The following are some particulars on journalists against whom the Government has taken action. Mr. Govan Mbeki, one of the editors of the banned newspaper New Age and author of the Penguin African library book South Africa: The Peasants' 1evolt, which won the IOJ Irize for 1970. Mr. Mbeki has been jailed for life after the 1964 Rivonia trial for alleged "sabotage". Miss Ruth First, one of the editors of the banned newspaper Ne_ Age and author of a number of books on Africa. She was detained for 117 days without trial in 1963 under the 90-day Act, an experience later documented in the book 117 .Days, published by Penguin in 1965. Hiss First was prohibited from continuing as a journalist under the Suppression of Communism Act, and she was later forced into exile in 1964. Mr. Ebrahim Ismail, the well-known Durban journalist who worked for NewT Age from 1956 to 1963, was sentenced in 1964 to 16 years' imprisonment for alleged "sabotage". Mr. Fred Carneson, manager and one of the editors of New. Age, was sentenced in 1966 to five years and nine months imprisonment under the Suppression of Communism Act. Mr. Joe Gqabi, one of the Port Elizabeth correspondents of New Age, was sentenced in 1964 to ten years impris onment under the Suppression of Communism Act. Mrs. Hilda Bernstein, editor of the journal Family Life and author of The World That was Ours, was detained without trial during the 1960 State of Emergency"and later served with a banning notice prohibiting her from practising her profession. Mr. M_.P. Naicker, Durban editor of New Age and present editor of the African National Congress journal Sechaba, was twice detained under the 90-day notrial Act. He also served terms of imprisonment during the Defiance Campaign of 1952 and the Passive Resistance Campaign of 1946. Mr. Ivan Schermbrucker, manager of the newspaper NewL Age, was sentenced to five years' imprisonment in 1965 under the Suppression of Communism Act. After his release from prison he was served with banning and house arrest orders. -31- Mr. Laurence Gandar, editor-in-chief of the daily newspaper Rand Daily 1.ail, was fined B200 or six months' imprisonment in 1969 for exposing the scandalous and brutal treatment of prisoners in South African jails. [Er.Benjamin Pogrund, a senior reporter on the Rand Daily Mail, was sentenced to six imoonths' imprisonment on the same charges in the same case, his sentence being suspended for three years. The South African Associated Newspapers, which oims the Dand Daily M.ail, was fined R300 for the same offence in the same case. In 1972 Hr. Pogrund, in another case, was fined R100 or 50 days' imprisonment for the alleged "theft" of his own notes for a thesis on African nationalism, and was given a suspended sentence of 9 months' imprisonment for possessing copies of the banned publications Newr Age, Guardian and Fighting Talk, which he needed for his thesis. Mr. Peter Marubane., a Rand Daily Mail press photographer, has been prosecuted and acquitted a number of times in recent years on charges under the Suppression of Communism and Terrorism Act, and has spent over 600 days in solitary confinement at the hands of the Special Branch. Served with a banning notice under the Suppression of Communism Act, he is unable to practise his profession, and at the time of writing is facing yet another charge under the Suppression of Communism Act for breahing the conditions of his ban by meeting another banned person in the street. Mr. Alex la Guma, well-known as a novelist and short story writer, and formerly member of the editorial staff of the newspaper New Age, was jailed without trial in 1960 State of Emergency. In 1962 he was served with a notice under the Suppression of Communism Act, which confined him to his house for 24 hours a day. In 1963 he was twice detained under the 90-day no-trial Act. Miss Mararet Smith, reporter on the Johannesburg Sunday Times was detained under the 90-day no-trial Act in 1964 and held for 31 days in solitary confinement in a cell whose walls were painted black. Mr. G.R. Naidoo, a member of the editorial staff of the journal Drum, the weekly Post and the Rand Daily Mail, was twice jailed without trial under the 90-day Act. Mr. Hugh Le\Tin, staff member of Drum and Post served a term of 7 years' imprisonment in 1964 for "sabotageK. Mr. Raymond Eisenstei n, editorial member of staff of Rand Daily Mail, served a term of 7 years' imprisonment in 1964 for "sabotage". Mr._G. Lamb, reporter on the Johannesburg Star, was jailed without trial for two months in 1964 under the 90-day Act. Mr. Garth Tomkinson, editorial staff member of the weekly journal Newscheck, was jailed under the 90-day Act in 1964.

Mr. Paul Trewhela, member of the editorial staff of Newscheck, was arrested under the 90-day no-trial Act in 1964 and held for several months by the Security Police who subjected him to the notorious "statue torture". Later he was sentenced to two years' imprisonment for furthering the aims of the banned Communist Party. Mr. Terry Bell, reporter for the Band Dailv Mail, was detained for several months in 1964 under the 90-day no-trial Act. Miss Joyce Sikakane, reporter for the Rand Daily Mail, was detained for several hundred days in the same case as Mr. Peter Magubane. Afterwards she was served with banning orders which prevented her from practising her profession. Mr. David Evans, reporter on the Port Elizabeth Evening Post, was sentenced to five years' imprisonment for "sabotage" in 1964. Mr. Owen Vania, a reporter for the East London Daily Dispatch, was detained under the Terrorism Act in May 1969 in the same case as ir. Peter Magubane and Hiss Joyce Sikakane. After spending several hundred days in detention under the Terrorism Act, he was twice brought to court on charges under the Terrorism and Suppression of Communism Acts, but was acquitted. Afterwards he was served with banning orders which barred him from practising his profession. Mr. B.P. Bunting, editor of Guardian and New Age, was jailed for five months without trial in the 1960 State of Emergency. He was served with a house arrest order in 1962 which prevented him from practising his profession or preparing any material for publication. In addition to the above cases, numbers of journalists have been penalized in various ways by administrative action. Some have been served with banning notices under the Suppression of Communism Act, which automatically prevents them from preparing anymaterial for publication. Others have been refused passports to travel abroad, and have only been able to leave the country on one-way exit permits which make it impossible for them to return. Many South African journalists-of all races, forced out of South Africa for one reason or another because of their opposition to apartheid., are today living in foreign countries as exiles. A few have died in exile.