Act Now for Robert Sobukwe's Release

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Alternative title Act Now for Robert Sobukwe's Release Author/Creator American Committee on Africa Publisher American Committee on Africa Date 1968? Resource type Reports Language English Subject Coverage (spatial) , United States Coverage (temporal) 1968? Source Africa Action Archive Rights By kind permission of Africa Action, incorporating the American Committee on Africa, The Africa Fund, and the Africa Policy Information Center. Description South Africa has only one admitted political prisoner, among all the thousands imprisoned for offenses against the state-Robert Mangaliso Sobukwe. His sentence expired on May 3, 1963. Pan African Congress. The Sobukwe Clause. . . Suppression of Communism Act. Format extent 3 page(s) (length/size)

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ACT NOW FOR ROBERT SOBUKWE' S RELEASE South Africa has only one admitted political prisoner, among all the thousands imprisoned for offenses against the state - Robert Mangaliso Sobukwe. His sentence expired on lay 3, 1,63, and every year since, the all-white Parliament of 3outh Africa has faced a peculiar legislative task: detaining Mr. Sobukwe, who has already served nearly three times his original sentence, without further charges or recourse to the courts. Suc is the nature of South African justice. Background: In 1960, the Pan Africanist Congress launched a campaign against the oppressive and omnipresent pass law system in South Africa, a system which enables the state to physically control Africans and constantly remind them of their third-class status within South African society. One tragic result of this anti- pass campaign, the brutal shooting of 67 Africans at the police station in Sharpeville, is well-known. A new wave of Government repression followed. Numerous African nationalist leaders were imprisoned and the major African political parties, the Pan Africanist Congress (PAC) and the African National Congress, were banned. The President of the PAC, a 36-year-old linguistics professor named Robert Sobukwe, was among those imprisoned. Sobwcwe was charged with inciting people to support the pass campaign. In -ay 1960 he received a prison sentence of three years. The 'Sobukwe Clause.' Two days before Sobukwe's sentence expired, the South African Parliament passed a section of the General Law Amendment Act which was 1 subsequently called the 'Sobukwe Clause.' This clause, which amended the Suppression of Conmunism Act of 1950, states that the South African Minister of Justice can prohibit the release of a prisoner, convicted under certain South 1 General Law Amendment Acts are annual laws which amend previous Acts.

2. African 'security' laws, if he feels that the person, upon release, would be likely to further the achievement of any of the statutory objectives of 2 Cominunism. According to the amendment, the power of the Minister of Justice to detain a prisoner must be renewed every 12 months by a resolution of bc4 ' Houses of Parliament. Thus, every year since 1963, before the possible expiration of the clause on June 30, Parliament has faithfully rue .ed the law which keeps Sobukwe in custody. In another section of the General La- iendment Act of 1963, Parliament passed the infamous 90-day detention law whereby a person can be held for interrogation purposes and then rearrested immediately for repeatable 90- day terms. This side of eternity on Robben Island' After the passage of the 13obu:we Clause' in 1963, Robert Sobukwe was transferred to Robben Island where he remains today, serving what amounts to a life sentence. The Linister of Justice has consistently refused appeals to release Sobukwe, and former Kinister of Justice, now Prime i.inister Vorster, justified his continued detention on the grounds that Mr. Sobukwe had undergone " no change of heart during his imprisonment and had 'not given up his intention to overthrow the Governnment. Vorste; even admitted that Sobukwe would be held in custody up to this side of eternity.' In 1964, 1irs. Veronica obunwe asked that her husband be released on the condition that he leave Jouth Aifrica on an exit visa. Uhat could he do then?" she asked. :You would be surprised,' was Vorster's reply. The present iinister of Justice, P.C.Pelser, conmiented in response to a question by Lrs. Helen 2 The Suppression of Corm.unisn Act (1950) defines a communist as 'a person who professes to be a conmmunist or who, after having been given a reasonable opportimity of r.aking such representations as he considers necessary, is deemed by the Governor-General ... to be a comn.unist on the ground that he is advocating ... any of the objects of comunism.' A communist is thus anyone who aims at "bringing about any political, industrial, socia] or economic change in the country by unlawful acts' or anyone who has encouraged a feeling of hostility between blacks and whites in South Africa. In practice, the Suppression of Comrmunism Act is a political instrument used to identify and prosecute the opponents of .

3. Suzmaoe 1gressve Party M.P.: 'This is a case of prevention being better than cure. We are detaining Robert Sobukwe on Robben Island because he canno* escape from there ... We do not regard him as a prisoner; we regard and treat him as a detainee ... I cannot tell the honorable member (Mrs. 3mman) at this stage that under these or those virowastances I shall be prepared to release him.' (Debates, June 12, 13, 1967) The Sobukwe case is just one in thousands. Of the other non-criminal prisoners in South African jails and on Robben Island, the Minister of Justice says: 'They have been tried, convicted, and sentenced by courts of competent jizai on in respect of serious crimes against the public safety and security of the state.i' Opposing apartheid is a serious crime. Because Sobukwe's case is more visible, and its questionable legality requires parliamentary action each year, it offers an opportunity to protest against the denial of human rights in South Africa, and some possibility of helping the prisoner. The South African Parliament must act again before June 30 if Sobukwe is to be kept in detention. South Africa has shown that it is not always immunn to external pressure, most recently in the waver of expected death sentences for any of the South West African nationalist defendants in Februar-y. We therefore urge you to call for the release of Robert Sobukwe by June 30 when his last 'legislative sentence' expires, and to protest the detention of the many thousands whose only crime has been to challenge the racism of a police state. Write Now To: The Minister of Justice and of Prisons Mr. P.C.Pelser House of Assembly , South Africa American Committee on Africa, 164 Madison Avenue, New York, New York 10016