TWENTY YEARS OF THE SOUTHERN AFRICA PROJECT

The year 1987 marked the 20th anniversary of the founding of the Southern Africa Project. The Lawyers' Committee for Civil Rights Under Law established the Project in 1967 in response to requests for assistance in cases involving human rights in South Africa and Namibia. These early contacts with the anti-apartheid movement in Southern Africa reinforced the perception that the domestic struggle for civil rights is inextricably linked to the struggle for human rights in other parts of the world. The Southern Africa Project soon became a major and important part of the Lawyers' Committee. In the 20 years of its existence, the Project has helped thousands of victims of apartheid and funded numerous landmark decisions that served as a judicial check on some of the abuses of apartheid. In essence, the Project seeks • to ensure that defendants in political trials in South Africa and Namibia receive the necessary resources for their defense and a competent attorney of their own choice; • to initiate or intervene through legal proceedings in this country to deter actions that are supportive of South Africa's policy of apartheid, when such actions violate U.s. law; and • to serve as a resource for those concerned with the erosion of the rule of law in South Africa and that government's de"nial of basic human rights. These goals are consistent with the original mandate of the Lawyers' Committee, which was created in 1963 when President John F. Kennedy invited a group of prominent lawyers to the White House and implored them to lend their professional skills and support to the struggle for racial equality. Since its inception, the Lawyers' Committee has engaged the support and active involvement of eminent members of the legal profession­ including past presidents of the American Bar Association, former U.s. Attorneys General and law school deans-in civil rights work aimed at eradicating discrimination based on race, creed, color or sex. The Southern Africa Project similarly depends on the support, the understanding and the volunteerism of the legal community in the United States for the continuing success of its program.

On the cover: Students protesting the banning of 17 major organizations in South Africa ZiemenskilAFRAPIX 1988 SOUTHERN AFRICA PROJECT ANNUAL REPORT

SOUTH AFRICA 1987: CHOKING INTERNAL RESISTANCE

WILLIAM L. ROBINSON GAY J. MCDOUGALL EXECUTIVE DIRECTOR DIRECTOR, SOUTHERN AFRICA PROJECT

LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW 1400 'EYE' STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202) 371-1212 Southern Africa Project Annual Report SOUTH AFRICA 1987: CHOKING INTERNAL RESISTANCE Photo Credits: AFRAPIXIIMPACT VISUALS; AFRAPIX, Johannesburg, S.A.; Susan Farmer, The Washington Post for the Symposium on Detention of Children Design/Coordination: John Bell Copyright, 1988, by the Southern Africa Project, Lawyers' Committee for Civil Rights Under Law ISSN 0887-8706 Printed in the United States of America Table of Contents

Introduction: Repression, Reform and Co-optation 4

South Africa Targets Its Children...... 8 The Work ofthe Southern Africa Project in Defense ofChildren in Detention A Permanent State of Emergency...... 14 The Work ofthe Southern Africa Project in Assisting Political Detainees Community Resistance: The People Shall Govern...... 18 The Work ofthe Southern Africa Project in Support ofCommunity Protests Labor Asserts Its Power in South Africa and Namibia...... 22 The Work ofthe Southern Africa Project in Support ofTrade Union Rights State Violence by Surrogates: Right-wing Vigilantes...... 26 The Work ofthe Southern Africa Project to Combat Government-sponsored Vigilante Attacks South Africa: A Nation at War...... 30 The Work ofthe Southern Africa Project in Defense ofPeople Charged with Contravening the Security Laws Namibia: Africa's Last Colony 34 The Work ofthe Southern Africa Project for Human Rights in Namibia The United States and South Africa: Breaking the Ties...... 38 The Work ofthe Southern Africa Project in the United States 1987 Financial Statement...... 41 Grants and Contributions...... 42 Administration and Oversight 43 Acknowledgements 43 Members of the Board of Directors and...... 44 The Board of Trustees INTRODUCTION: REPRESSION, REFORM AND CO-OPTATION

A South African government heli­ compromised his ideals in accepting To many anti-apartheid activists it copter shuttled a dignified gray­ release from a life sentence for sabo­ looked like the beginning of govern­ haired man to an hour-long consulta­ tage and treason. After 23 years in jail, ment capitulation to their funda­ tion with Nelson Mandela. Then, he had insisted on an unconditional mental demands: release of political after jetting him to Port Elizabeth, the release, refusing to renounce violence prisoners, unbanning the ANC and Bureau of Information arranged a and demanding that he return not to ending the State of Emergency. high level press conference and gave his official "homeland," the Transkei, Mbeki is regarded, along with Walter him full coverage on South African but to his previous home in politically­ Sisulu and Nelson Mandela, as one television before checking him into active New Brighton township outside of the giant figures of the liberation the Holiday Inn for the night. It was Port Elizabeth. struggle. One of the masterminds of November 5, 1987. In front of the microphones a black political action throughout the Another government puppet? defiant Mbeki proclaimed, "1 am a 1940s and 50s, Mbeki galvanized the Hardly. Govan Mbeki, former African member of the African National Eastern Cape into a stronghold of National Congress (ANC) National Congress. The ideas for which I went resistance. "We receive him with joy Chairman and Secretary of the South to jail and for which the ANC stands, and renewed determination," the African Communist Party, had not I still embrace." ANC declared. It went on, however, to predict that he was leaving Robben Island for the "prison house of South Africa." Indeed, freedom still eludes Mbeki. A rally organized to welcome his Govan Mbeki addresses a return was banned only hours before press conference upon his its start. The Southern Africa Project release from prison after financed an unsuccessful challenge to 23 years this banning order before the Su­ preme Court of South Africa (South Eastern Cape Local Division). Subse­ quently, security police prohibited eight further meetings and rallies scheduled for Mbeki in which crowds as large as 100,000 were anticipated. By the end of December the govern­ ment served Mbeki with a restriction order confining him to the Port Elizabeth magisterial district and barring him from talking to reporters. As a "listed" person he may not be quoted in the South African news media. The government had hoped that by freeing this ailing, 77 year old activist into quiet retirement it would gain credibility as pursuing serious change. Mbeki's staunch militancy and the unpredicted enthusiasm of his supporters, however, forced the government to retreat, exposing the shallowness of its policies. The South Africa into which Mbeki returned was in tunnoil. Struggling to maintain white privilege, the government in 1987 adopted a tri­ partite approach: repression, refonn and co-optation.

4 Repression Refonn In desperation, the regime groped onslaught" against South Africa, the Creating a facade of reform is a key to regain lost control of rebellious system is headed by a State Security tactic to divert both domestic and black townships and countryside. Council at cabinet level. Below it are 13 international pressure. Boasting of a The Minister of Law and Order, inter-departmental committees of mandate from the May whites-only Adriaan Vlok, conceded the need for government, 12 Joint Management election, President P. W. Botha is strong-arm tactics by admitting, "The Centers (}MC's), 60 sub-JMC's and 448 instituting "betterment schemes" in climate of revolution is still boiling mini-JMC's. All meet regularly to share black residential areas. The creation just underneath ... one small spark security information about potential of a black middle class would serve can set it alight again." The extension local unrest. Rent and consumer boy­ as a buffer between the poverty­ of the State of Emergency on June 11, cotts, community services and all stricken majority and the privileged 1987, closed loopholes in an already­ aspects of school life are now defined white minority. tight legislative web of restrictions. as "security" concerns. The JMC com­ On one level it is a victory for the Stringent restrictions on the news mittees formulate strategies and contin­ people-their protests forced redress media shielded from the world's view gency plans to contain any crisis, of genuine grievances. The invest­ the government's attempts to annihi­ giving the military extraordinary ment in long-absent basic amenities, late by force new community­ powers without accountability to the however, is intended to substitute for controlled social structures in the public. significant political reform. Even black townships. Detention, torture and harassment of children, commu­ nity leaders and trade unionists continued to be widespread. The protracted Delmas treason trial of community activists entered its third year, with three of the 19 ac­ cused still denied bail. An alarming Santa arrives early in PE increase in court-imposed death THE c;lay Govan Mbeki entered the By EDYTH BOLBRING and sentences for political activity sig­ townships of Port Elizabeth, all traf­ fic laws were liberated. MBULELO LINDA nalled a new level of state despera­ People hung out the sides of fast tion. Still not secure, the government moving taxis, children and old wom­ Fruitsellers abandoned their wares en danced on the sidewalks and to follow the cars and shack dwellers in early 1988 effectively banned 17 feft their homes to line the streets and leading anti-apartheid organizations crowds of people toyi-toyied after the cream-eoloured car which carried call their greetings. An excited wom­ including the United Democratic Mbeki through the streets. an jumped into the air, lost her bal­ Front (UDF), an alliance of more than Govan Archibald Mvunyelina Mbe­ ance and fell on the sidewalk. She ki, the former chairman ofthe Mrican laughed and, undeterred, chased after 700 affiliate organizations. the cars. Traffic jams ensued as Outside of the judicial process, National Congress, this week entered Port Elizabeth's New Brighton town­ young people crowded streets and assassinations of political opponents ship for the fIrst time in 23 years. surrounded the car. rose dramatically, both within the His arrival was described by one A man was knocked down by a car. country and around the world. In the enthusiastic onlooker as an early visit But he picked himself up and limped off, waving his clenched fist, his in­ townships, right-wing vigilantes and from Father Christmas: "He came from the cold and brought so much juries forgotten. hit squads eliminated government warmth. His presence has brightened A passing Casspir went on its way, opponents with impunity. In Botswa­ the lives ofso many suffering people. ignoring the procession. Fishermen na, Lesotho, Swaziland, Mozam­ They have hope again. It is like an and boaters on the Swartkops River bique, Zambia and Zimbabwe, cross­ early Christmas present." raised their fists when they heard the Mbeki's car moved off and taxis, name Mbeki. border commando raids and bomb scooters and private vehicles joined When the car stopped, residents blasts killed, injured and maimed the motorcade. Television crews crowded around it and sang "Baba scores of people. And, South Africa's perched on the bonnets ofcars, film­ uMbeki Yinkokeli" (Our father, military grip on Namibia remains ing the procession and photographers Mbeki, is our leader). hung out of the windows. An old scooter weaved precariously intact, while it uses that country as The stream of cars grew into a river in and out of the cars when the driver the staging ground for a full-scale as oncoming traffic, pushed to the stood up, clenched his fist and shout­ war against Angola. No place in the side of the road, turned around and ed slogans. Three youths tobogganed entire region is safe from attack. joined in the procession. The noise of on the top of a tax.i roofrack and peo­ ple spilled in and out of the cars Equally ominous, the entrenchment hooting cars could not drown the singing and shouts from the streets: which rode bumper to bumper. of the police state has been solidified "Mbeki is back, after 23 years on "If this is the reception for Mbeki, by the emergence of the National Robben Island, Viva Mbeki, he is can you imagine what it will be like Security Management System (NSMS). home." on the day of liberation," said a wom­ Mbeki sat with clenched fist, smil­ Dominated by the military, the NSMS an dressed in ·the colours ofthe ANC. ing at the jubilant reception. -Pen parallels official state structures at every level, often setting policy. Constituted Feature story published by the Johannesburg Weekly Mail, November 7, 1987 in secret to combat the perceived "total Reprinted with permission of the editor and Port Elizabeth News (PEN)

5 decisions about how to make im­ provements rest in the hands of the military heads of the JMCs, for whom white security considerations prevail. Perhaps the biggest pawn in the government's reform chess game is a proposed National Statutory Council (NSC)-a "super cabinet"---created to draft a new constitution and com­ posed of representatives of each of South Africa's ethnic and racial groups. The government hopes black par­ ticipants will include the chief minis­ ters of the six "independent states," the leaders of the non-independent "homelands" and nine elected mem­ bers to represent the 10 million urbanized blacks. Nine yet to be defined regional urban city-states still must be created for that purpose. The cornerstone of these units will be black locally-elected City, Town or

Creating a facade of reform is a key tactic to divert both domestic and international pressure.

Village Councils. Black Local Authori­ ties viewed as Pretoria's surrogates in the townships collapsed in recent South African troops suppress a coup d'etat attempt years under attack from angry town­ in Bophutatswana bantustan ship residents. The State President will chair the NSC, which is to be rounded out with the chairpersons of the Indian, Co-optation and killing their victims. The re­ Coloured and white houses of Parlia­ sulting wanton destruction is conven­ The massive impoverishment and ment. An additional 10 members will iently touted as "black on black" or disenfranchisement produced by be appointed by Mr. Botha. "tribal" violence, even though it is apartheid leaves many blacks vulner­ The NSC is perceived as yet an­ clearly a substitute for official repres­ able to manipulation. Using its vast other puppet institution powerless to sion. express the will of the people. Black material resources, the government In addition, the government has groups criticize the advisory status of can purchase the cooperation of an created a force of virtual "vigilantes in the Council, which disqualifies black illegal or unemployed urban dweller, uniform" through its hasty training of activists who have been jailed. To a peasant migrant worker dispos­ date, the government has not suc­ sessed of status or dignity, an un­ rough elements to supplement the ceeded in winning over a single elected town councilor or homeland police force. Dubbed kitskonstables, they credible black leader. Even leader. The creation of surrogates notoriously abuse their authority. "homeland" leaders refuse to partici­ deflects world criticism and achieves The "homelands" receive large pate. Zulu Chief Gatsha Buthelezi otherwise-unattainable objectives. inputs of aid designed to create a demanded the release of ANC leader Black right-wing vigilantes serve as compliant ruling class. The infusion Nelson Mandela and Zeph Moth­ Pretoria's proxy. Marauding bands of of wealth into the hands of only a openg of the PAC (Pan Africanist vigilantes terrorize townships­ few contributes to extensive graft, Congress) as a precondition to his immune from police action-breaking corruption and inefficiency in admin­ involvement. into and looting homes, assaulting istration. Unpopular leaders, accused 6 of selling-out their people's citizen­ At the same time, white rule in from their resistance to apartheid in ship and birthright, rely on official South Africa exhibits many signs of South Africa and South Africa's repression, mass detentions, torture, strain. Its security forces, stretched to illegal occupation of Namibia. We and even political assassination to the limit, suffer mutinies, desertions provided legal representation for preserve their borrowed power. In and spiralling draft evasion. White more than 500 people who were 1987, power struggles between elites emigration is increasing significantly. detained without charges or trial led to two successive coups in the White university students have been under security legislation or State of Transkei, a coup in Bophutatswana brutalized by police during anti­ Emergency regulations. Our funds and an attempted annexation of the government campus demonstrations. also supported 126 plaintiffs in 13 Ciskei by the Transkei. In each case, And, the Dutch Reformed Church, civil actions filed against government often referred to as "the Nationalist officials for abuses including unlawful Party at prayer," has ruled that apart­ detention and torture. Without our The same dynamics of support, thousands of tenants in 14 heid is not justified by biblical co-optation and coercion black townships would have been teaching. undergird South Africa's evicted from their homes as a result Across a wide political spectrum, of their participation in the nation­ attempt to destabilize the voices within significant inner-circles wide rent boycott. entire southern African of power acknowledge the key role of In the war zone in northern regIon. the ANC in South Africa's future. Namibia, we provided lawyers to Business, church and student leaders help distraught families search for have taken numerous trips to Lusaka their relatives who had "dis­ mini-invasions of the South African to meet with the ANC leadership. Defence Force restored order, but appeared" after contact with the The most dramatic joint consultation security forces. betrayed any illusion of "indepen­ occurred in July in Dakar, Senegal, dence." More than 20,000 striking South when 59 Afrikaner businessmen, African gold and coal miners and Nowhere has the bankruptcy of the 3,000 Namibian copper miners fought "homelands" policy been more dra­ for their rights in civil and industrial matically exposed than KwaNdebele, .. . white rule in South courts with our financial assistance. the smallest and poorest of the desig­ Africa exhibits many signs When inquests were held into the nated territories. South Africa invested of strain. Its security deaths of three apparent victims of huge amounts of money in forcibly vigilante attacks and into the death of moving thousands of people into the forces, stretched to the a seriously-ill young man in police territory and in creating a puppet limit, suffer mutinies, custody, we provided lawyers to government structure. An industrial desertions and spiralling represent the families of the de­ decentralization policy offers compa­ ceased. We have challenged banning nies willing to relocate in the home­ draft evasion. orders issued against publications, land, like KwaNdebele, generous tax organizations and individuals. And, breaks, investment and transport we helped lawyers fight for Govan subsidies. Some of the homelands also writers and scholars met with top­ Mbeki's right to speak to his well­ guarantee a pliable workforce by bans ranking ANC leaders. Even the wishers upon his release from 23 on trade union activities. Taiwanese Afrikaner Broederbond secret society years in prison. investors in KwaNdebele, for example, has recognized the inevitability of In the U.S. we worked to educate found the local workforce more exploit­ negotiations with the ANC. the American public about the crisis able than at home. In KwaNdebele, *** of children in detention in South intense popular resistance has delayed Africa and we litigated in the U.S. The work of the Southern Africa forced independence, despite a brutal courts to ensure proper implementa­ Project in 1987 was an attempt to reign of vigilante terror designed to tion of the Comprehensive Anti­ break that resistance. respond to these events. The Apartheid Act of 1986. Southern Africa Project works on a The same dynamics of co-optation This report details the cases as­ daily basis with South Africans and and coercion undergird South Af­ sisted by the Project during 1987 and Namibians who seek a free and just rica's attempt to destabilize the entire the legal and political context out of southern African region. Surrogate society. Our support enables oppo­ which they arose. armies instigated, armed, financed nents of apartheid to defend them­ selves against repressive measures and directed by South Africa wreak The Southern Africa havoc in Angola and Mozambique. and to move aggressively to chal­ The impact on the economic and lenge its abuses. Project works on a daily social life of these nations has been During 1987, the Project financed basis with South Africans devastating, resulting in millions of the defense of nearly 400 South and Namibians who seek a people killed, injured, starving and African men, women and children homeless. charged with political offenses arising free and just society.

7 SOUTH AFRICA TARGETS ITS CHILDREN

liThe State concluded that to wide outrage. Participants concluded: Congressional hearing. We brought break the spirit of the "The cruelty and brutality which 15 South Africans-including doctors, community they had to were exposed induced a profound lawyers, human rights activists, sense of shock, outrage and anger. parents and children who had been break the spirit of the The deliberate and systematic tar­ detained-to Washington to testify youth." geting of children by the armed about their own experiences. Rev. Frank Chikane, agents of the regime puts apartheid Secretary General of the beyond the pale of civilized society." UEvery mother is crying South African Council The Southern Africa Project played a key role in bringing the plight of about what is happening of Churches South Africa's children to the atten­ in our country." tion of the American public. On June Little 11 year old Veli's animated The Symposium was a moving description should have been of a 25 and 26, 1987, we held a Sympo­ documentation of the plight of chil­ soccer match or some other child­ sium on Children in Detention in dren in South Africa. Few people hood entertainment. Instead, he South Africa. The Symposium was who attended the Symposium will recounted his experiences in the co-sponsored by members of the forget Sylvia Jele's tearful description hands of the South African police: Senate and House of Representatives of her search for her missing 16 year and nationally recognized leaders in old son, Sicelo Dhlomo, who had In a small room they made us hang the fields of children's rights, law and been taken from school by the police. upside down and hold boards education. The format resembled a For days she searched from police which were like targets. The police kept shooting at them and told us not to drop the boards. While we were hanging upside down they kicked and hit us. Stories like Veli's were told at the International Conference on Chil­ dren, Repression and the Law in Apartheid South Africa, held in Harare, Zimbabwe, September 24--27, 1987. Bringing together hundreds of South Africans with representatives of over 150 international organiza­ tions world-wide, this conference embodied the rising tide of world-

Sicefo Dhlomo, age 17 Sylvia Dhlomo Jefe at the memorial service for her son, Sicelo Dhlomo 8 station to police station and then forefront of the struggle against from morgue to morgue: 'The police apartheid. And, because of that, they used to take children and kill them have become special targets of the and just throw them on the fence. I security forces. Since 1984, 312 chil­ went looking around our fence every­ dren have been killed in the streets where." Finally, three months later, by police gun fire; 1,000 have been with the help of the Detainees' Par­ wounded; 11,000 detained without ents Support Committee, she located trial; 18,000 arrested on charges him at the Protea Police Station. He arising out of protest; and 173,000 ;", had been tortured and held in soli­ denied bail for "political offenses" Pule Nape, Alexandra Youth Congress tary confinement. and held awaiting trial in police cells. The police tried to get him to Many have been tortured; all have three months after he was detained. become an informer. When he re­ been traumatized. After six months in jail, his physical fused, they charged him with several health had deteriorated and he had offenses. After a trial, he was ac­ to be hospitalized for mental depres­ quitted on all charges and then re­ sion. During the third week of his leased. Sicelo bravely told his story to hospitalization, his mother died and CBS reporters, who broadcast it as he was refused permission to attend part of the documentary, "Children her funeral. under Apartheid." While in Washington, his mother We heard about 17 year old Daniel expressed her fear that the police who as a consequence of 7V2 months would kill her son. 'We are worried of detention, assault, and torture was mothers. We are only happy to see our assessed by a panel of doctors to be children in bed at night because we Ann Werboff, Project researcher, preparing brain-damaged. Before he could be really don't know what is going to witnesses for the Symposium treated by a neurosurgeon, Daniel happen to them. Every mother is was once again detained under the crying about what is happening in our State of Emergency regulations and country." Although out of detention, It is one thing to talk about the held for another 10 months. The further police pressure to become an statistics-the numbers of nameless police told his mother that he was informer forced Sicelo to go into and faceless children who have been being held because he was a student hiding. Finally, the police found him. jailed in South Africa. It is quite leader. They held him for several hours for another thing to hear the names and Documents tell the story of an 11 questioning. Shortly after his release, the stories of individual children; to year old who was awakened by on January 25, 1988, Sicelo Dhlomo face the detailed reality of torture. was found murdered in a field near The testimony given at our Sympo­ Soweto. It was execution style: a single sium detailed that tragedy. bullet at point blank range to the head. One of the young people who testified at the Symposium, for ex­ All Symposium photos by Susan Farmer, ample, described how he was picked The Washington Post up by police at school, along with six of his friends. Patrick Makhoba was 16 years old at the time. He was kept in solitary confinement for 39 days. Police interrogated him nearly every Nathaniel R. Jones, Judge for the U.S. Court day, mostly to get the names of of Appeals for the Sixth Circuit students involved in anti-apartheid activities like school boycotts. Some­ policemen at midnight. They took times, he said, he was handcuffed him and his 14 year old sister to a and pinned against a wall with a van already holding eight other Sylvia Dhlomo Jele table pushed against his waist; police children. They were driven to the jumped up on the table and beat him police station, put in cells, and de­ What happened to Sicelo Godfrey as they asked questions. prived of food for 16 hours. Dhlomo was not unique. His life After 42 days in detention, Patrick The next day, the 11 year old was experiences of intense political ac­ was told to go. He was never interrogated. Even when he said he tivity, detention, torture and hiding, charged with any crime, nor given an was not involved in burning cars and as well as his murder, are now explanation as to why he had b~en schools in the township, a policeman common characteristics of childhood detained. beat him. He lost four teeth. After for black South Africans. South Pule Nape testified that he was almost four weeks, he was trans­ Africa's youth have been in the denied a visit from his parents for ferred to a prison. His face was 9 swollen and he was unable to eat, There is a nation-wide pattern of but he was never allowed to see a attacks, assassinations and arson doctor. One day the police put him in by private armies, right-wing a dark room, attached wires to his vigilante groups and mysterious hands and feet, and turned on the hit-squads. Children have become current. Two months later, he was the brunt of vigilante action and released. He was never charged with they have become refugees in their a crime. He never appeared in court. own country. They no longer can What emerged from the stories of live at home. They no longer can hundreds of individual children is a experience family life. general pattern of mass arrests, indefinite detention and vicious indiscriminate assaults and harass­ We brought 15 South ment. Africans-including Audrey Coleman and Michael Rice, Ph.D., of On release from detention, chil­ doctors, lawyers, human the Detainees' Parents Support Committee dren face soldiers patrolling their streets, night raids on their homes, rights activists, parents boycotts observed by over a million police threats and further interroga­ and children who had been students since 1984, ended in 1987 tion. Parents often wonder whether detained-to Washington with the call for "people's education their children are safer in detention than in the township streets. Perhaps to testify about their own for people's power" made by the most frightening, is the increase in expenences. National Education Crisis Committee vigilante action directed against (NECC). But as nearly 1.8 million children. A social worker who coun­ students nation-wide returned to sels detainees, Terry Sacco, described As Dr. Kevin Solomons, a psychia­ school, the State responded by jailing the worse threat outside of jail: trist who regularly treats detainees the leadership of the NECC. The told the Symposium, 'The whole Commissioner of Police received social fabric in which black children virtually unlimited power to control grow up in South Africa, specifically the schools. Armed security forces under apartheid laws and apartheid became the backdrop in primary and structures, exposes children to a secondary classrooms. Armored chronic, insidious and pervasive level vehicles were stationed at school and exposure to humiliation, depriva­ gates and on playgrounds. New tion and ... forms of brutalization security regulations governed emoll­ ... Detention and traumas associ­ ment, while troops checked Pupil ated with detention are, in a sense, Identity Cards and openly patrolled part of a continuum that starts even school corridors, countermanding before birth." teachers and even principals. Terry Sacco, Concerned Social Workers of South Africa, displaying a "sjambok" whip Even the schools are scenes of University students were also used by South African police. military occupation. The school harassed and intimidated, almost as

William S. Tshabalala, Kevin Solomons, psychiatrist, Patrick Makhoba, 17, Jerry Coovadia, M.D., Soweto student Detainees Counseling Seroice, (former detainee) National Mental & Dental Johannesburg Assn. of S.A. and UDF member

10 if, as one student leader suggested, For the State, the overall effect of When the Congress of South Af­ the State intended to force the cam­ apartheid's war against children may rican Students (COSAS) was banned puses to revolt. Security men, posing be a net loss. Instead of quashing in 1985, young people began quietly as students infiltrated libraries, cafete­ resistance it has fueled it. Parents building a network of local and rias and lecture halls to spy on those often become politicized through the regional youth congresses. Using a suspected of involvement in student experiences of their children: Venetia semi-secret organizational structure organizations. Police yanked students De Klerk, a 19 year old serving a one and decentralized leadership, SAYCO out of classrooms, frog-marched them year sentence for public violence, stressed cooperation and unity be­ to security cars and "disciplined" described her surprise at a solidarity tween unemployed and working them for offenses as trivial as making meeting held the day before she youth, students, women's organiza­ too much noise in the presence of entered prison: tions and organized labor "to achieve security officers. Student leaders It was at that meeting that my a non-sexist, free and democratic were humiliated before classmates­ daddy told a huge audience that he South Africa." SAYCO leaders say beaten, kicked and in some cases would stand by us and give us all they will carry on, despite being threatened with live ammunition. his support. After his speech I felt banned by the government in Febru­ like throwing my arms around him ary,1988. for I never knew that he would have had the courage.

For the State, the overall effect of apartheid's war against children may be a net loss. Instead of Gay McDougall, Project Director; Sen. Ed­ quashing resistance it has ward M. Kennedy; Sen. Barbara Mikulski; Rep. William Gray III fueled it. Rep. John Conyers; Rev. William Sloane Coffin Jr.; Rep. Joseph Kennedy Tensions lying beneath the surface of campus life burst forth at the The spirit of youth remains resil­ University of Cape Town for seven ient. Even under the stringent Emer­ The latest slogan embraced by days from April 2~29th. Over 3,000 gency restrictions, young people South Africa's young people, students protested the whites-only launched the South African Youth "Freedom or death!" confirms that elections, the killing of striking Congress (SAYCO) in April, 1987, their struggle is far from finished. railway workers and the South Af­ boasting a membership of half a *** rican Defense Force's armed incursion million. Heir to a long succession of To publicize further the plight of into Zambia. Police viciously sup­ previously-banned youth organiza­ South Africa's children in the United pressed the demonstrations using tions, SAYCO was carefully designed States and to demonstrate the magni­ birdshot and heavier ammunition. to withstand government repression. tude of the American constituency

I Ramsey Clark, former u.s. Advocate Marumo Moerane Rev. Ivan Abrahams, chair of Zanodomo Mntambo, pri­ Attorney General; Board of Durban (defender of polit­ Detainees' Parents Support mary school principal; Na­ Member ical prisoners) Committee in the Orange tional Education Union S.A. Free State region

11 South African police arrest and detain a child

which opposes the political detention event on December 15th outside the South Africa and generated substan­ of children in South Africa, the South African Embassy in Washing­ tial attention. It is reproduced on the Southern Africa Project launched a ton. At that time, representatives of back cover of this report. nation-wide post card campaign. organizations participating in the The post cards, addressed to South campaign and approximately 300 African President P. W. Botha, urged anti-apartheid activists gathered to him to "Free South Africa's Chil­ "deliver" symbolically the 20,000 post dren." Over 20,000 post cards were cards to President Botha. collected by the Project in over 25 We also placed a full-page public states from organizations ranging service advertisement in seven South from local high schools to groups African newspapers calling attention such as the National Education Asso­ to the plight of children in detention ciation, National Association of Social in South Africa, making a statement . Workers and Amnesty International, of American concern and urging the (L to R) Board members Stuart J. Land, USA. South African government to free the Robert Kapp, Conrad Harper; Eleanor Smeal, The culmination of our campaign children immediately. The advertise­ National Organization of Women; Jack Healey, was a press conference and media ments were seen nation-wide in Amnesty International, USA

Peter Harris, Johannesburg Dean T. Simon Farisani, Marian Wright Edelman, Mamphela Ramphele, M.D., attorney (defender of political Evangelical Lutheran Church Children's Defense Fund, University of Cape Town prisoners) in Venda bantustan (former USA detainee)

12 Finally, as a vehicle for concerned tions of his handicap, David is able to On June 16, 1986, as he was busy Americans to take concrete action, we function adequately in his home and washing cars, plainclothes South established a special legal defense community. He attended school, was African Security Branch officers took fund for South Africa's children to well-liked and considered obedient. David away-straight to the Krugers­ which we solicited contributions. The dorp Prison. There, he was detained Fund paid the legal fees in cases like under the State of Emergency regula­ Maureen Kaoa and 7 Other Children v. tions. Law an What emerged from the The Minister of and Order, After David had been in detention application for the release of eight stories of hundreds of for some 15 months, with our help, children who were first held under individual children is a attorneys representing David and his State of Emergency regulations and family filed an urgent application in subsequently held in detention as general pattern of mass prospective forced state witnesses in arrests, indefinite detention the Supreme Court of South Africa, asking for an order declaring David a trial against a friend. and vicious indiscriminate We also paid the legal fees in the Nqakayi's detention unlawful and case of David Nqakayi, a severely assaults and harassment. directing his immediate release. mentally-retarded 16 year old from The day after the application to the Krugersdorp. Despite his actual age, Supreme Court was filed, David was David's mental capacity is more like a In his spare time, David had a small released. No reason was ever given child of five. Still, within the limita- job washing cars at the parking lot. for his detention.

School children at the funeral of a classmate ZiemenskilAFRAPIX 1986 A PERMANENT STATE OF EMERGENCY

"Those regulations represent of civil disobedience-all activities Sisulu, editor of the New Nation, had an attempt to enforce order which form the backbone of popular been detained because of their jour­ without law, to exercise protest campaigns. Publishing (ver­ nalistic activity. And, two foreign bally or in written form) or dissemi­ power in its most naked journalists were expelled in a May nating such a statement is totally post-election clampdown. form, and to allow the police prohibited. Contravention could In 1987, many of the inroads made a free hand in dealing with trigger a possible 10 year jail sentence in the State of Emergency regulations resistance-this entails a or substantial fine. All previous through the courts in 1986 were high degree of official terror, restrictions were maintained, in­ reversed. The role of the judiciary in virtually unconstrained by cluding prohibitions against pub­ South Africa has been severely cir­ lishing the names of detainees, in­ legal or public scrutiny./I cumscribed by the State of Emer­ demnity for security force members gency regulations, which deny in­ Attorney Peter Harris, and the right of security force mem­ junctive relief with respect to actions bers to enter, search and seize prop­ Symposium on the Detention taken pursuant to the regulations. erty without warrants. Nevertheless, shortly after the impo­ of Children, June 25, 1987, The press was a special target. sition of the nation-wide State of Washington, D.C. Following the appearance of adver­ Emergency in 1986, the courts evi­ tisements marking the 75th anniver­ Now into its fourth year, South denced a cautious willingness to sary of the ANC in several newspa­ Africa's State of Emergency has challenge the expanding power of the pers in January, new regulations were settled into a permanent state of executive. In several of those 1986 issued which prohibited running existence. The "Emergency" has cases, financed by the Southern advertisements in support of banned become an on-going pretext for Africa Project, judges ordered the organizations. The regulations also cloaking in law what would other­ release of detainees when the ar­ prohibit printing blank spaces to resting officers could not justify their wise be illegal State acts. When the indicate censored material. Tight legality of the State of Emergency actions under their Emergency restrictions on press coverage of powers. One case established the was challenged, President P. W. Botha township unrest were renewed in stated in documents filed in a judicial right of a detainee to participate in an language carefully drafted to override administrative hearing before an proceeding that the "ordinary" laws an April, 1987, Supreme Court judg­ were inadequate. ment which found the previous While opponents of apartheid can wording too vague. be prosecuted under the draconian In late August, angered by the It is detention solely for provisions of the Internal Security continuing coverage of township the sake of detention-to Act, trials are long, costly and cum­ events which occurred in spite of the arbitrarily remove the bersome. By contrast, the State of severe restrictions, the government Emergency regulations dispense with outlined new censorship procedures detainee from society such formalities. They are totally which target the "alternative press" through the operation of devoid of due process strictures. such as the New Nation and Weekly unjust laws and without They make no provision for a de­ Mail. The Minister of Home Affairs tainee ever to be charged with an may give official warning to publica­ recourse to the courts. offense, tried in a court of law or tions which promote the "public even brought before a judge or mag­ image or esteem" of unlawful organi­ istrate. It is detention solely for the zations or are found to be "pro­ order for further detention, beyond sake of detention-to arbitrarily moting, fanning or sparking boycott 14 days, could be made. The court remove the detainee from society actions, acts of civil disobedience, also declared invalid regulations through the operation of unjust laws stay-aways or strikes." If the warning which denied lawyers access to and without recourse to the courts. is not heeded, the paper may be detainees. A lower court, in 1986, Through revised Emergency regu­ required to submit copy for review by ruled that laws emanating from the lations, appellate court judgments a government-appointed censor prior executive-such as the Emergency and various proclamations, the State to publication or may be shut down regulations-and not from Parlia­ continued throughout 1987 to tighten for up to three months. ment, could not infringe on funda­ its grip on dissent. The June, 1987, In December, six newspapers were mental common law rights. As a regulations defined "subversive threatened with closure under the consequence, lawyers representing statements" to include any caiIs for terms of these regulations. The gov­ literally hundreds of detainees en­ work stay-aways, school or consumer ernment admitted for the first time tered jails where their visits helped boycotts, rent strikes and other acts that journalists, including Zwelakhe safeguard against rampant torture. '14 Revisions in the Emergency regula­ a detainee and to test the lawfulness before the case came to court. In tions in 1987 closed those loopholes. of the State of Emergency regula­ agreeing to pay the plaintiffs' costs, Regulations struck down by the tions. The case of B. Dlamini & Others the government tacitly admitted that courts as ultra vires were redrafted v. the Minister of Law and Order and it had violated the regulations by not and reimposed. In nearly every Others, challenged the failure of the responding sooner. The 1987 Emer­ instance, the scope of these restric­ Minister of Law and Order, after gency regulations subsequently tions was extended. three requests, to produce written extended the time before notice is Additionally, in June, 1987, the required to 30 days. Appellate Division in Bloemfontein, Despite setbacks, cases testing the in reversing an earlier lower court The lawsuits served a dual rights of detainees and the responsi­ ruling, held that Parliament, which in bilities of their jailers continue. The South African law is supreme, has purpose: to secure the Southern Africa Project financed legal the right to entrust the State Presi­ release of a detainee and to counsel for the family of the deceased dent with virtually umestrained test the lawfulness of the to be represented at the Inquest into discretion to make regulations or give the Death of Simon Marule, a 20 year orders under the State of Emergency. State of Emergency old State of Emergency detainee. When acting in that capacity, then, Regulations. MamIe died in the hospital on De­ the President has full authority to cember 23, 1986, after being removed promulgate regulations that infringe notice of the grounds for continuing a day earlier from Modderbee common law rights. the detention of three men beyond 14 Prison-unconscious and foaming at Several of the cases assisted by the days, as required under the Emer­ the mouth. The cause of death was Project over the past year challenged gency regulations in force at that determined to be kidney disease, technicalities regarding detention time. which manifests clear and treatable procedures. The lawsuits served a Filing the suit prompted the Min­ symptoms weeks before becoming dual purpose: to secure the release of ister to produce the required notices fatal.

Student demonstrator arrested at the University of Cape Town Tillman/AFRAPIX 1987 15 s::>< ~ ;Q Vlc: OJ E OJ N Students protest the banning of 17 major organizations in South Africa

Testimony from Marule's cellmates was an urgent application filed in the In B. Manning v. the Minister of Law chronicle six months of their efforts Supreme Court (Natal Provincial and Order and D. Vawda v. The Com­ to get him proper medical attention Division) for an order interdicting missioner of the South African Police, starting with his detention in June. police at Westville Prison from as­ detainees sought the right to defend Rather than hospitalize him for saulting and/or threatening, harassing themselves against the official rea­ serious injuries sustained during or intimidating seven Emergency sons for their detention. The judge in interrogation, the police moved detainees. The seven had been seri­ the Manning case ruled that security Marule to a different prison. After his ously injured when guards attacked police evidence from an unseen, cellmates threatened a hunger strike, them during a protest against sudden a doctor superficially examined and arbitrary curtailment of their Marule, but prescribed no treat­ limited privileges. The application The South African ment. When police finally took was withdrawn upon receiving a government tacitly Marule to a hospital, they brought verbal commitment from security him back, claiming they could find admitted in February, 1988, police that assaults would cease. no doctors. The Southern Africa Project also that its repressive Fellow prisoners complained so financed three cases which chal­ measures to date had much to the medical officer, that he avoided their cell on his rounds. At lenged detentions under Section 29 of failed to sufficiently one point, prisoners refused to return the Internal Security Act, South contain popular resistance. to their cells until MamIe was taken Africa's omnibus security legislation. to the hospital. When officials finally Like the State of Emergency regula­ arranged for a doctor to visit, he tions, it authorizes indefinite incom­ unnamed informer gave sufficient recommended hospitalization the municado detention for "interro­ grounds for the detention. There was next day. That night, Marule col­ gation." Section 29 of the Internal a similar decision in the Vawda case. lapsed in the prison toilet. It took Security Act is the direct descendant Both, however, were released from prison officials nearly an hour to of a provision crafted for South Af­ detention without being charged respond to the incessant banging of rica's first State of Emergency, im­ before these judgments were ren­ his fellow prisoners on the bars of posed in the wake of the 1960 Sharp­ dered. their cells. The official inquest is still eville protest demonstrations. Over Section 29 of the Internal Security pending. 28 years that "emergency" power has Act provides for cases to be brought The case of Jabulani Sithole and evolved into a permanent feature of before a Board of Review after six Others v. Minister of Law and Order the legal order. months of detention without charge. 16 Within the legal profession virtually that its repressive measures to date because they are vague and over­ nothing was known about the opera­ had failed to sufficiently contain broad. Another test case financed by tions of this Board of Review-not its popular resistance. Under authority the Southern Africa Project will composition, nor if or when it met. of the State of Emergency, it effec­ challenge the restriction orders served Detainee Tsietse Jacob Maleho's tively banned 17 leading anti­ on UDF President Archibald attorney argued his right to appear at apartheid organizations and 18 indi­ Gumede and others. the Review Board hearing to refute viduals. The Minister of Law and Activists believe the crackdown evidence against him. In an unusual Order prohibited the organizations serves a dual purpose: first, to dem­ move, the attorney met with the "from carrying on or performing any onstrate to white right-wing critics Review Board to argue this right. The activities whatsoever" (emphasis ours). that the government is not weak and Board, however, gave greater weight The Order restricts the activities of to evidence given by a security po­ the Congress of South African Trade overly liberal; secondly, to neutralize liceman supporting Maleho's con­ Unions (COSATU) to what the gov­ the possibility of anti-apartheid orga­ tinuing detention beyond six months. ernment narrowly interprets as nizations coordinating a boycott of Subsequently his attorney made an "shop-floor" issues. country-wide municipal elections urgent application to the Supreme With support from the Southern scheduled for October. These elec­ Court for his release on the grounds Africa Project, the United Democratic tions are critical to the plans for a that his detention was unlawful; that Front, COSATU, the Detainees' Par­ National Statutory Council (NSC). the reasons given for his detention ents Support Committee and the Newly-elected black township coun­ were not sufficiently specific. Maleho Release Mandela Campaign have cilors would be prime candidates for was released the day the Court was instituted legal proceedings in which participation in the NSC and could expected to issue its decision. they argue that the amendments to provide Pretoria with the facade of The South African government the Emergency regulations banning accommodating black political aspira­ tacitly admitted in February, 1988, their activities are legally defective tions.

Police on duty at student demonstration COMMUNITY RESISTANCE: THE PEOPLE SHALL GOVERN

liThe question is not why we Communities Development Act, were vehicles for community control of the refuse to pay rent, but why given the task of providing basic townships. the government refuses to services in the townships, without "Civics" played multiple roles. listen to our reasons." any resources to finance them. They organized consumer boycotts, Having no industrial taxbase, they street committees and people's were forced to raise the funds from courts. When necessary, they even Rev. Frank Chikane, those least able to pay: township arranged for garbage collection. The General Secretary of the residents. When sharp increases in State, however, labels their activities South African Council of rent and service charges coincided as treasonous, linking them with the with massive unemployment, the larger revolutionary objectives of the Churches townships exploded with anger. The African National Congress (ANC) or targets were the Black Local Authori­ Pan Africanist Congress (PAC). In ties, commonly referred to as town­ South Africa, treason is a capital ship councils. offense. Resistance in Alexandra township For the past four years, the front­ By the middle of 1985, existing administrative structures had col­ offers a prototype of the battle for line of resistance to apartheid has lapsed in the majority of urban areas. control of local communities. In the been found in the very fabric of Vast numbers of police and troops major treason trial of 1987, the State v. township life. With the economic were deployed in the townships to Moses Mayekiso & 4 Others, the 162­ recession of the early 1980s, the State shore up the Black Local Authorities. page indictment details the co­ abandoned direct responsibility for Out of sheer desperation, township accused's participation as leaders of the townships. Government-backed residents moved to take control of the Alexandra Action Committee officials empaneled under the Black their own communities. "Civic associ­ (AAC), a popularly-supported grass­ Local Authorities Act, along with ations" and "action committees," roots organization. functionaries of the Development generally affiliated with the United The State charged the defendants Boards established under the Black Democratic Front (UDF), became with: forming a residents' committee

Funeral of a victim of the unrest 18 to act as an organ of self-government; their bodies and teargassed funerals based resistance. The importance of launching rent and consumer boy­ or other gatherings. this case-not only to Mayekiso cotts against the State-appointed Apart from his role as chairman of himself-but to anti-apartheid forces Town Council and local businesses; the AAC, Moses Mayekiso is also the throughout South Africa, has trig­ creating informal judicial structures General Secretary of the National gered several international campaigns known as "people's courts"; cam­ Union of Metalworkers of South of support. The United Auto Workers paigning to get the South African Africa. None of the charges relate to of America launched a post-card Defense Force (SADF) to withdraw Mayekiso's work as a trade unionist. campaign, organized numerous from the township; and launching a However, his union leadership may demonstrations and convened a campaign to undermine the Alex­ be the real focus of the State's con­ special committee of prominent andra Town Council. It also accused cern. Before the current arrest, American jurists to monitor the trial. the AAC of organizing residents into Mayekiso was detained twice. In And, the Southern Africa Project has yard, block and street committees in November, 1984, he was charged paid for the cost of expert witnesses a pyramidal framework. with subversion along with four for the defense in the trial of State v. These popular structures allegedly other people. The charges related to a Moses Mayekiso. undermined and replaced existing large workers' stay-away in the Pretoria is determined to obtain government judicial and legislative Transvaal in which his union played convictions for activities related to authority. This subversion of State community protest wherever they rule was deemed treasonous. Each of occur. The Southern Africa Project the accused pleaded not guilty. supported eight cases representing 63 Even by South African standards, defendants, aged 12 to 46, from Alexandra was a particularly run­ Ezakheni Township near the small down slum, devoid of amenities town of Ladysmith. All were charged such as electricity, sewers and with public violence, theft, malicious tarred roads. Mayekiso and others injury to property or arson following garnered community cooperation to a nation-wide two-day stay-away from make food and medicine available, jobs and schools. provide first- aid, organize defense The UDF, Congress of South Af­ and safety systems to control crime rican Trade Unions (COSATU) and and establish alternative forms of the National Education Crisis Com­ education for the young. The mittee (NECC) called the stay-away "people's court" handled matters to demonstrate popular contempt for such as petty thefts, assaults and the whites-only election. On May 5th marital problems. and 6th, an estimated 1.05 million In retaliation for their diminished workers nation-wide and black authority, the South African Police schoolchildren in the tens of thou­ allegedly assisted vigilante action. sands stayed home. In some areas, Armed with machetes, knives and near-total observance of the call batons, vigilantes assaulted unsus­ prevailed: buses stopped running; pecting residents from April 22-28, Moses Mayekiso, General Secretary of the shops and even drinking spots closed National Union of Metalworkers of S.A., on 1986, a period known locally as the trial for treason and sedition their doors; taxis pulled off the "six-day war." They burned down SturrockIFriends of Mayekiso streets; and 3,000 mineworkers held houses, destroyed cars and other underground sit-in strikes. a prominent role. The case never property and, in one instance, set a In Ezakheni, police responded to proceeded and the charges against wounded man on fire. the stay-away by going on a ram­ Mayekiso were withdrawn. page, rushing through the township When sharp increases in Regardless of the outcome of the indiscrirninantly arresting anyone case against Mayekiso, the State will found on the streets. They invaded rent and service charges have succeeded in at least one re­ homes, dragged out residents-many coincided with massive spect: keeping Moses Mayekiso out of whom were youths-assaulted unemployment, the of political life for nearly two years and tortured people to extract "con­ while proceedings drag on. The fessions." Each of the eight cases that townships exploded with defense has been given no indication resulted rested on evidence so clearly anger. of the duration of the State's case. insufficient that the State either There are rumors that as many as 100 withdrew the charges or the defen­ Meanwhile, SADF personnel went state witnesses may be called. dants were acquitted. on a rampage of their own. They Although the judge ruled out the Perhaps the most widespread form indiscrirninantly seized residents, death penalty, a conviction would set of protest has been a nation-wide beat them with riot helmets, ripped a precedent of crirninalizing a wide rent boycott which continues despite T-shirts bearing political slogans from spectrum of non-violent community- Pretoria's determination to break it.

19 Starting in the Vaal Triangle in Sep­ The Southern Africa Project assisted Court. Attorneys also stopped the tember, 1984, it is a demonstration of a number of cases challenging the City confiscation of furniture by the contempt for the entire apartheid Council's virtual unchecked powers to Soweto City Council, and success­ system and its collaborationist town­ evict tenants or take possession of fully challenged its attempt to cancel ship councils. At least 54 townships, property. In Mngomezulu v. City Council the residential permits of Mrs. Alber­ that is approximately 650,000 house­ of Saweto, residents unsuccessfully tina Sisulu, Dr. Ellen Kuzwayo and holds, have participated in the boy­ challenged the provisions of Section 65 other prominent civic leaders. cott. To date, estimates are that the of the Housing Act which allows city Using a different approach, resi­ boycotts have cost the State as much councilors to act directly without a dents in the Vaal Triangle townships as Rl billion in lost revenues. judicial order. Leave to appeal has been of Sharpeville, Sebokeng, Boipatong, granted. However, Pretoria has pro­ and Bophelong are attacking the Although the judge ruled out posed new legislation which, if passed, validity of rents levied on them by the death penalty, a would clarify and simplify eviction the Lekoa Town Council. With conviction would set a procedures. Project funding, Tsoari v. Lekoa Tawn In Johannesburg West, the Chief Council questions whether the Lekoa precedent of criminalizing a Magistrate rescinded 30 rent default Municipality acquired administrative wide spectrum of non-violent judgments due to improper service of responsibilities over these townships community-based resistance. summonses by the messenger of the when they were incorporated in 1984. Community meeting in Mogopa WeinbergiAFRAPIX 1987 During 1987, Soweto took center stage in the nation-wide rent boycott. By December, Soweto residents had withheld rent and fees for 18 months, worth more than RI22 million, which left the municipality bankrupt. The Soweto Civic Association (SCA) called on government authorities to nego­ tiate with community leaders to find a peaceful solution to the crisis. The list of grievances included the harass­ ment of residents by the SADF; the detention of civic leaders, youths and other residents; high rents; poor services and corruption by township councilors. At one point, the SCA stated three non-negotiable condi­ tions for lifting the boycott: end the State of Emergency, withdraw troops from the townships and dissolve the Soweto City Council. In response, the government has used a variety of tactics to break the boycott. Township residents are at times roused at 4:00 a.m. by city councilors backed up by municipal police and South African troops, demanding payment of rent arrears on the spot. Those who cannot pay may be served with eviction notices or have their furniture and other possessions confiscated. On some occasions, electricity has been cut off to various parts of the township. The Soweto City Council has even at­ tempted to undermine the boycott by selling rent-defaulted houses at rock­ bottom prices. 20 The half-million Vaal residents are The Project also funded the case of issuing mass summonses against now in arrears to such an extent that Dire v. Northern Cape Development residents. Lekoa alone issued more it is impossible for them both to settle Board. In that case, residents of the than 7,000 summonses within a few past accounts and keep up with black township of Huhudi near weeks. In most cases, the sum­ current payments. If the application Vryburg won an application to set monses were legally defective. The succeeds, these arrears will be re­ aside certain rent and service charges. Project assisted attorneys who duced substantially. The Development Board is appealing entered pro forma pleadings to de­ In Mofurutshe v. The Administrator the decision. fend against the summonses. This of the Free State & Others, financed stalled further proceedings against by the Southern Africa Project, many residents and effectively Tumahole residents won a declara­ Perhaps the most stopped the issue of new sum­ tory judgment not only nullifying widespread form of protest monses. In cases where negative rent arrears dating back to Septem­ has been a nation-wide judgments were rendered, attorneys ber, 1984, but also establishing that filed applications to have them many residents have a credit accru­ rent boycott which rescinded. Although costly, such ing to them. They can live in their continues despite actions forestall evictions. houses free-of-charge for 11 months Pretoria's determination to Despite the ominous risk of losing dating from the order. The Adminis­ one's home, the rent boycotts persist. trator of the Free State has appealed break it. In virtually all cases where legal the decision and the Tumahole actions were undertaken within the Civic Association, which won the In a number of boycotting town­ requisite time limits, evictions were case, has filed a counter-appeal. ships, authorities have responded by avoided.

An evicted rent boycotter in Soweto ZiemenskilAFRAPIX 1987

21 LABOR ASSERTS ITS POWER IN SOUTH AFRICA AND NAMIBIA

Mine-workers at COSATU's second annual conference "We believe that the The number of work days lost due to Africans, of whom an estimated one workers' movement can only strikes in 1987 increased more than million were workers. function as part and parcel four-fold over 1986. Strike actions This bold political stand drew of the national liberation embraced every segment of industry: severe reprisals from the govern­ retail, transport, postal, mining, foods, struggle." ment. COSATU offices nation-wide furniture, metals and construction. The were raided repeatedly and vandal­ actions caused serious financial losses, ized. Members were harassed, at­ Ben Uulenga,General disrupted essential services and forced tacked, threatened and killed. Non­ Secretary of Mineworkers management into reassessing workers' violent forms of protest, such as the Union of Namibia power. "living wage" campaign and May "We make no apologies about Day meetings were banned. In late The growing strength of labor in connecting issues on the shopfloor April, the South African Police sealed southern Africa manifested itself and issues facing workers in society off COSATU House in Johannesburg most dramatically in two major as a whole," Elijah Barayi, COSATU for seven hours. During the opera­ mine-workers strikes during July President, told the Second National tion, workers were shot at, tear­ and August, 1987-one in Namibia, Congress in July. COSATU success­ gassed and assaulted by police. More the other in South Africa. In both fully called a two-day nation-wide than 400 people were detained. Less cases labor emerged as a militant, stay-away in protest against the than a month later, COSATU House openly political force for democratic whites-only election in May and and a similar union building in Cape change. another on June 11th, earmarked as Town were bombed. Since its formation in November, Soweto Day. With support from the Attacks on COSATU and its affil­ 1985, the Congress of South African United Democratic Front (UDF) and iates became so widespread that the Trade Unions (COSATIJ) has grown the National Education Crisis Com­ organization launched a "Hands Off rapidly. Throughout 1987, it emolled mittee (NECC), these actions in­ COSATU" campaign. It emphasized an average of 500 new members a day. volved four million black South three basic democratic rights: to speak 22 freely, to meet freely and to organize security. Conditions remain extremely public violence. In some mines, freely without intimidation, threats or hazardous, with little or no attention management evicted rank and file victimization. Eventually, in February, given to safety. Throughout 1987, 800 workers from hostels, while simulta­ 1988, the government banned CO­ miners died in accidents- an av­ neously seeking court injunctions SATU, confining it to narrowly defined erage of two deaths per day. Black against union leaders and shop shop-floor union activities. miners are housed away from their stewards for alleged intimidation and On August 9, 1987, the largest families in hostels described by a 1987 assault. At other sites, miners were strike since the 1946 miners' strike International Labour Organization held captive in the hostels to prevent occurred. More than 340,000 mem­ (lID) report as "hell-holes not fit for meetings with union leaders. bers of the National Union of Mine­ human beings." Lack of food subsi­ In a few cases, mine officials sealed workers (NUM) struck to secure a dies and social security aggravate off the compounds with barbed wire living wage. It was a lawful strike, already inhuman working conditions. and dogs. At Anglo American's having adhered to the preconditions Western Deep Levels Mine, company for legal strikes established in the security forces broke up a sit-in at the Labor Relations Act. The strike lasted On August 9, 1987, the hostel and forced miners down the three weeks, stopped production in largest strike since the shafts at gunpoint. Officials also 52 gold and coal mines and resulted 1946 miners' strike deprived strikers of food, water and in corporate and State losses esti­ electricity unless they returned to mated at R225 million. Mine security occurred. More than work. Shootings, beatings and as­ personnel and police collaborated to 340,000 members of the saults occurred. As a final tactic to break the strike, causing 11 deaths, National Union of defeat the miners' resolve, manage­ more than 300 injuries and 400 ar­ ment resorted to mass dismissals and rests. Although the Union settled for Mineworkers (NUM) even closure of mines. a 23 percent wage increase, instead of struck to secure a living The Southern Africa Project is its stated 30 percent goal, it won new wage. financing a number of cases arising respect from mine owners. from the strike. Twelve court applica­ Black mine-workers in South Africa Violence and intimidation marked tions seek the reinstatement of dis­ receive one-third of the wages paid to the course of the strike. More than missed workers. The largest case is white miners. They have no job 400 miners faced dubious charges of on behalf of the approximately 19,600

Striking NUM miners being bused home to Transkei

23 NUM feels it affirms that mass dis­ about low pay and poor working missals are not acceptable in a lawful conditions. Many miners viewed the strike. tax as funding for the war waged by The Randfontein Estates Gold Mine South Africa against their families in refused to re-employ nearly 400 Ovamboland to maintain its illegal employees following strike dismissals occupation of Namibia. and excluded another 65 for alleged The MUN became actively in­ misconduct. Of the latter, 48 were volved when talks between manage­ union shaft stewards. A critical issue ment and the boycotters. broke down. in the cases challenging the mine's Worker committees affiliated to MUN actions is whether the Industrial from the three TCL worksites met Court has the competence to order and drew up a list of 15 demands. the temporary reinstatement of workers when their employer has Among them were wage and annual unfairly refused to re-employ them. leave increases, abolition of the mi­ Additional applications were filed grant contract system, provision of for reinstatement of another 800 improved living conditions that dismissed miners belonging to Gen­ would accommodate families, ade­ cor, Goldfields and Rand Mines. In quate safety equipment, and the late February, 1988, the Industrial Court ordered the reinstatement of about 140 of them at Gencor's Matla As the company re-hired Colliery and Goldfield's Venterspost workers, many union and Libanon mines. A favorable leaders were eliminated. ~ settlement was also won for 70 of the Other members lost Ben Uulenga, General Secretary of the applicants who worked at Rand Mineworkers Union of Namibia Mines' Durban Deep Mine. privileges and rank when LiebenbergfThe Namibian 1987 Apart from the applications to assigned to different jobs. workers dismissed and not rehired by reclaim jobs, 46 civil actions have Anglo American Corporation. Anglo, been filed against security personnel abolition of segregated facilities the largest mining company and the at the Libanon, Western Deep Level within the company. They also most affected by the strike, was also and Randfontein Estates mines. sought a TCL statement against the the most ruthless in suppressing These actions demand damages for physical assaults suffered by striking war which so deeply affected their it-at one point dismissing 40,000 families. workers. Prior to the strike the Anglo union members. While agreeing to some of the mines provided NUM's strongest Just weeks prior to the South demands, TCL insisted wages were base of support, making this a crucial African miners' strike, 4,600 miners non-negotiable. This precipitated the case. in Namibia united in an unprece­ dented strike against three copper strike which was supported by 98 Lawyers representing both sides mines owned by Tsumeb Corpora­ percent of the MUN membership and agreed in January, 1988, to consoli­ tion Limited (TCL). The month-long soon extended to TCL farm and date all disputes over dismissals into strike cost the owners nearly R8 domestic workers, bringing produc­ one private arbitration. The settle­ million. It took on paramount polit­ tion to a standstill. ment cost Anglo R60 million, ac­ ical significance as both manage­ Even though workers scaled down cording to NUM estimates, and won ment and the government tried to their demands, the company issued reinstatement with 10-weeks compen­ break the impetus of the rapidly­ an ultimatum to return to work. On sation pay for 10,000 gold and coal emerging trade union movement in July 30, 1987, almost the entire work­ Namibia. force at TCL's Tsumeb, Kombat and Violence and intimidation The Mineworkers Union of O~ihase mining plants was dismissed Namibia (MUN) was less than a year for failing to return to work. The marked the course of the old at the time. Launched in Novem­ workers sought the appointment of strike. More than 400 ber, 1986, its program included a an official conciliation board to con­ miners faced dubious demand for implementation of the duct a hearing. Instead, TCL went to United Nations plan for internation­ court seeking an order to evict dis­ charges of public violence. ally supervised elections in Namibia. missed workers from the hostels. The The strike grew out of a two­ Southern Africa Project assisted the miners and at least 18-weeks com­ month community boycott of white­ MUN in Tsumeb Corporation Ltd. v. N. pensation pay for 6,000 workers not owned shops surrounding the Sakarias & 3,009 Others. rehired. Although not all the fired mining centers. An increase in sales The mine owners fought their case workers benefit from the settlement, tax exacerbated underlying grievances on the grounds that the strike was

24 illegal and a breach of contract. As the company re-hired workers, industrial disputes in a plethora of Miners countered that TCL had many union leaders were eliminated. technicalities and time limits which breached its contractual relationship Other members lost privileges and would virtually eliminate the possibility by violating several requirements of rank when assigned to different jobs. of a legal strike. It would also outlaw the Conditions of Employment Act. TCL also instituted a policy of re­ strike-related consumer boycotts and These breaches included forcing cruiting new workers from Caprivi sympathy strikes, which accounted for employees to work long hours instead of Ovamboland. two-thirds of all work stoppages in without overtime pay, failing to 1987. provide safety clothing and refusing In Namibia, the Cabinet of the to recognize the workers' union even .. . both management and Interim Government appointed its though it was legally registered. The the government tried to own Commission of Inquiry on miners' affidavit concluded, "TCL break the impetus of the Labour Matters, headed by Nic Wie­ has subjected its workers to a reg­ hahn, the architect of South Africa's imen which is not only antiquated, rapidly-emerging trade labor reforms in the late 1970s. Wie­ oppressive and injurious to their union movement in hahn has suggested that his pro­ well-being, but plainly illegal." MUN Namibia. posals for Namibia will be particularly sought either the dismissal of TCL's innovative. While his recommenda­ application, direct referral to a tions for reforms in South Africa's hearing or postponement of the labor laws had an overall intent to evictions until a conciliation board In both South Africa and Namibia, defuse the increasing worker mili­ could make a decision. new legislation is being considered to tancy, their implementation had an On August 17th, the Judge ruled circumscribe the power of organized inverse effect. Perhaps one indicator against the miners, concluding that labor. In the 1987 Labour Relations of the nature of the Commission's their dismissal was lawful and that Amendment Bill, South Africa seeks to future proposals for Namibia is that they, therefore, had no rights of interject racial factors into the collective there is no representative on the residence in the mine hostels. When bargaining process by granting fixed Commission of the National Union of an appeal of the judgement was lost rights to minority unions. That would Namibian Workers, an umbrella a week later, the mines bused nearly also result in the fragmentation of organization that has organized more 3,000 workers out of the mine pre­ unions in the bargaining process. If than 14 percent of the entire mises. passed, the new law would smother Namibian workforce since 1985.

Namibian miners at Tsumeb Corporation, Ltd.

t'­ a-00 Wl ...... c; , j5'" 'E .. 2'" OJ ~ E'" §'" ~

25 VIOLENCE BY SURROGATES: RIGHT-WING VIGILANTES

They are known by various names: government declared a State of Emer­ State sought ways to bring the thou­ the "A-Team," the "Phakathis," the gency. Against this background, activ­ sands of residents under official "Mabangalala," the"Amadoda," the ists across the country began reporting control. It built new government "Amosolornzi," the "Amabutho," the an increase in violent attacks by roving houses in an adjacent "New Cross­ "Mbhokoto," "Witdoeke" and the armed bands. These vigilantes were roads" and at Khayelitsha, 10 miles "Green Berets." Whatever name they conservative elements, reliant on go by, they strike fear and terror in strong-arm methods, brutal physical the hearts of residents of South attacks and sheer thuggery to achieve Africa's black urban townships and their goals. Operating in an utterly rural communities. They are vigi­ lawless fashion, they quickly achieve lantes, described in a recent study as what even the powerful security forces "potentially murderous gangs intent cannot. on intimidating, injuring or killing Evidence of collaboration between anti-apartheid activists." police and vigilantes has emerged South Africa's vigilantes target from the events which destroyed the government opponents. They are Crossroads community near Cape black and so are their victims. Gener­ Town two years ago. In May and ally residents of the townships they June, 1986, armed vigilantes ram­ terrorize, their activities create an paged through the areas known as insidious destabilization in those Nyanga Bush, Nyanga Extension, communities, as opposed to the unity Portland Cement and KTC; all adja­ that is a by-product of resisting of­ cent to Crossroads. They torched ficial repression. And, there is evi- shacks and brutally assaulted resi­ dents, leaving an estimated 70,000 South Africa's vigilantes people homeless, 53 killed and hun­ dreds of others wounded. In over target government 1,000 sworn statements, residents, opponents. They are black doctors, reporters and clergymen and so are their victims. gave detailed eyewitness accounts of extensive security force involvement in the destruction. dence that the South African Police The roots of this conflict lie in the give both direct and indirect support continued impact of the Group Areas to vigilantes. In some cases they Act of 1950, mandating strict racial allegedly fail to intervene as victims segregation of residential neighbor­ are stabbed or beaten. Instead of hoods and a long-standing policy of arresting known perpetrators, it is the "influx control," which artificially victims that they arrest and detain. In limits the number of Africans allowed other instances, police allegedly to settle in urban areas. The result is lnkatha members arrive at a meeting provide transportation, supply a critical land and housing shortage firearms and protect vigilantes from in black residential zones, while community retaliation. white areas enjoy a surplus of 37,000 The emergence of vigilante groups empty units. away. Only people meeting stringent as a prominent force in South Africa Over a million rural Africans employment requirements qualified can be traced to late 1985. One year driven by the need for jobs have for the houses. Even those who earlier, popular mobilization against constructed makeshift housing in qualified resisted the move because the tricameral Parliament, exorbitant what are called "squatter camps" on of Khayelitsha's distance from town, rent and tax increases, school boy­ the peripheries of cities. These areas location on a barren sandy plain and cotts and trade union activism coa­ spring up in violation of South Af­ limited government services. lesced into highly organized protests rican laws and exist outside official For years, the government tried to against apartheid. The spread of civil control or services. intimidate people into moving by resistance and increasing popular Crossroads, originally set up by the conducting door to door raids, de­ support for organizations like the government as a temporary transit molishing and burning shacks, tear­ United Democratic Front (UDF) and camp, proliferated far more rapidly gassing residents and attacking with the Congress of South Africa Trade than government planners expected. police dogs, whips, batons, birdshot Unions (COSATU) came to a head in When initial attempts to forcibly and rubber bullets. This only fueled July, 1985, when the South African remove the camp in 1978 failed, the further resistance and became the 26 focus of international criticism. Vigi­ In the May, 1986 attack, government chose not to oppose the court action lante activity, however, accomplished forces allegedly coordinated move­ and agreed to pay more than R50,000 indirectly the objectives of the gov­ ments and provided logistical support (roughly $25,000) for the plaintiffs' ernment's failed attempts. And in the to the witdoeke. When residents cost of trial preparation. process, criticism was deflected from grouped to defend themselves, security Determined to prove police com­ the government to what was coined men fired on them with bullets and plicity, KTC residents filed 3,300 "black on black" violence. teargas, enabling the vigilantes to damage claims, seeking R5 million in continue unhampered. After handing compensation from the South African out incendiary devices and arms, government for loss of property, security police stood by and merely personal injury and death. The first watched as the vigilantes shot at, case, P.N. Mzamba & 19 Others v. the hacked and assaulted unarmed resi­ Minister of Law and Order commenced dents. Many witdoeke used police in September, 1987, and involves the casspirs (troop carriers) as retreat points Methodist Church of Africa and 20 and often were seen in casual, friendly families who lost their homes. De­ conversation with the police. After the signed to establish a precedent for camps were burned, police allegedly the cases to follow, the evidence will stood by again as the vigilantes looted include testimony from 100 witnesses the area. Later, security forces sealed and film footage of police complicity. off the burnt-out camps with barbed The Southern Africa Project has wire and flattened what was left with contributed funds to support this bulldozers. massive legal undertaking. Two weeks later, the scene was repeated at the nearby KTC camp. They torched shacks and Incredibly, this time 3,000 witdoeke were reportedly rallied by one partic­ brntally assaulted resi­ ular Warrant Officer. Police in dents, leaving an estimated casspirs then led the vigilantes to the 70,000 people homeless, 53 KTC camp and orchestrated the timing and location of the violence. killed and hundreds of At KTC, numerous eyewitness ac­ others wounded. counts told of police firing what looked like rifles at shacks causing Nowhere has the conflict in South them to catch fire. "Fire-bombs" were Africa come closer to civil war pro­ thrown from casspirs or dropped portions than in the Natal Midlands from police helicopters. Armed white area surrounding Pietermaritzburg. men identified as plainclothes po­ Bitter fighting in 1987 cost 435 lives licemen were seen moving along with the witdoeke, participating in the and resulted in the highest rate of destruction. When residents tried to detentions in South Africa. Pietermar­ salvage possessions, search for itzburg's black townships are charac­ IMPACT VISUALS/1986 missing children or relatives or de­ terized by squalor and endemic fend themselves, they were blocked poverty. Basic amenities like water and shot at by police. and electricity are scarce and 40 Much of this was documented by percent of the 400,000 residents are Internal power struggles within the video and film footage. Journalists unemployed. The area is surrounded Old Crossroads community form the were ordered away from the area, geographically by the KwaZulu core of vigilante activity there. ostensibly for their own protection. bantustan. Johnson Ngxobongwana, a leader of When vigilantes hacked to death Chief Gatsha Buthelezi refuses full the late 1970s resistance against cameraman George De'Ath, it is independence for KwaZulu. Yet, removals, learned that by collabo­ claimed that police took pictures of the Buthelezi is widely seen as taking the rating with the government, he could dying man before seeking assistance. side of the apartheid government on amass considerable power, influence Between the May and June attacks, critical political issues and he openly and a veritable private army of loyal residents of KTC sought a court order defends free market capitalism. In a followers. Dubbed witdoeke for the to restrain police from assisting vigi­ bid for national political power, he white strips of cloth they wore for lantes. Forty-five affidavits detailed initiated an experiment in power­ identification, his men increasingly police involvement in the first attack. sharing with white business leaders used strong-arm tactics to silence The case, however, was delayed until in the contiguous Natal province, critics-particularly UDF sup­ August-too late to spare the an­ which he touts as a model of cooper­ porters-of his growing corruption. guish of KTC residents. The State ation for the rest of South Africa. 27 His vehicle for mobilizing support for a non-racial democratic solution rival union, United Workers Union of in Natal is Inkatha, described as a and COSATU successfully organized South Africa (UWUSA). The MAWU Zulu cultural liberation movement, 10,000 workers. The strength of these strikers organized a consumer boycott but wielding extensive powers. In its groups politically threatened Inkatha. of white businesses in Howick and bid to control the KwaZulu town­ But, as the UDF resistance spread, produced a play, "The Long March," ships, Inkatha reportedly requires Inkatha used armed vigilantes to to popularize support for their cause. membership from anyone hoping to terrorize communities loyal to the On December 5, 1986, Phineas get housing, schooling or any kind of UDF or to COSATU. As a conse­ Sibiya, Simon Ngubane and Flomena government-funded job, such as quence, Inkatha served the objectives Mnikathi were murdered at an iso­ teaching or nursing. Support for of the South African government: to lated spot on the road near Inkatha and Buthelezi comes prima­ sabotage support for the UDF and Mpophomeni Township. The charred rily from rural Zulus. His brand of COSATU. remains of their bodies were found ethnically-based and accommo­ Not confined to a single event, the inside their burnt-out car the dationist politics has failed to win terror continues, month after month. morning after they had been ab­ support in urban areas, or in a poten­ Of the many clashes, only a few ducted by persons identified as tially wider national black constitu­ result in legal action. In one such Inkatha vigilantes. ency. case, the Project provided financial The two slain men were on the Unable to achieve its objectives support for an on-going investiga­ peacefully, Inkatha resorted to coer­ tion, the MAWUlMpophomeni Murders. shop steward's committee of MAWU cive, intimidatory methods. It fo­ Mpophomeni, a KwaZulu-admini­ and among those dismissed in 1985 cused on areas like Edendale, a stered township near Howick, was from BTR Sarmcol. Mr. Sibiya was Pietermaritzburg township with a the scene of a particularly bitter labor also a leading figure in a long­ long history of independence from dispute. In April, 1985, the Metal and standing legal dispute in which Zulu tribal autocracy. In 1985, while Allied Workers Union (MAWU), a MAWU members are still seeking Buthelezi was discussing an COSATU affiliate, called a strike reinstatement at BTR Sarmcol and ethnically-based legislature for Natal against the major local employer, Mr. Ngubane was a lead actor in and KwaZulu similar to the national British Tyre and Rubber (BTR) Sarm­ "The Long March." The third victim, tricameral Parliament, UDF-sup­ col. Within three days all MAWU Ms. Mnikathi, was the daughter of porting youth and civic organizations workers were fired and replaced by another dismissed MAWU/BTR began mobilizing in Pietermaritzburg Inkatha members who later created a Sarmcol worker.

Victim of vigilante rampage at KTC, near Crossroads TillimJAFRAPIX 1988 The evening of Oecember 5th, Mpophomeni Community Hall had been occupied by nearly 200 people from out of town, wearing Inkatha Youth Brigade T-Shirts and KwaZulu Police uniforms. Shortly after dark, lights in the township went off. The three victims were abducted from the front yard of Sibiya's brother, Micca, who was also seized. They were taken to the community hall annex and alternately assaulted and interro­ gated by a crowd of people armed with guns, spears, machetes and sticks. Questions focused on their membership in MAWU and their failure to join Inkatha. When they were driven in their own car to a deserted country spot, Micca Sibiya escaped and hid in a nearby river for the night. His companions were incinerated inside the car. Witdoeke set fire to shacks in Crossroads HartmanJIMPACT VISUALS 1986 Early the next morning, the occu­ pants of the community hall emerged carrying Inkatha flags and banners, both the church and graveside; all itzburg area. By February, 1988, singing songs and shouting chants present were videotaped and photo­ 60,000 people had been displaced against MAWU and COSATU. The graphed. Youths trying to visit the from their homes, seeking shelter crowd split into groups and moved home of one of the victims were with friends or relatives. In several into the township where they broke beaten with whips. instances, victims have sought court into houses, forced the occupants out After both the government's interdicts against well-known and assaulted them. Nearly every Bureau for Information and MAWU "warlords" who give orders and house of a MAWU shop steward was blamed Inkatha for the killings, sometimes personally lead attacks attacked. Property was destroyed and Inkatha issued a press statement and assassinations. Police response to scores of people injured. Mpophomeni claiming MAWU supporters had the numerous eyewitness accounts Youth Congress member, Alpheus provoked the skirmish. Based on the given in sworn court testimony of Nkabinde, died on his way to Eden­ testimony of a Inkatha participant, an attacks and killings is to say they are dale Hospital after being ambushed by "based on hearsay and are vague and a large group of the vigilantes. A 60 As a consequence, Inkatha unsubstantiated." By early 1988, as year old asthmatic, Albert Mbatha, served the objectives of the many as 1,000 people had been collapsed and died after being chased detained as a result of the conflict; by the mob. At least 12 other people South African government: not one was an Inkatha member. were admitted to the hospital for to sabotage support for the Among them were 33 UOF and lacerations, fractures, bullet and stab UDF and COSATU. COSATU negotiators, detained while wounds. attempting to hold peace talks with Later that day, South African inquest into the deaths found nine Inkatha representatives. Police shielded the vigilantes from Inkatha members responsible for the Chief Buthelezi's interest in pro­ reprisals, teargassing irate murders. The Southern Africa Project moting peace was indicated by a Mpophomeni residents who sur­ provided lawyers to represent the speech he made to Inkatha's central rounded the community hall. Spe­ families of the deceased at the in­ committee in the midst of unsuc­ cial buses rolled in to remove the quest. Natal Attorney General, cessful peace talks in December. He vigilantes under police guard; the Michael Imber was sent the findings, told his followers that UOF and next day police escorted trucks and will decide whether or not to COSATU were "not worthy" of hauling away the household posses­ prosecute. Meanwhile, the families of reconciliation, saying" ... the only sions of local Inkatha leaders afraid the victims are suing Inkatha and the reconciliation there will ever be in to remain in the community. Severe KwaZulu Police for R400,OOO in this country is the reconciliation of restrictions on the funerals of the damages. These actions are still the most powerful with those who victims allowed services for only pending. pay homage to the most powerful one person at a time, making it a Events similar to those in . .. We are talking about a life and marathon all-day process. Heavily Mpophomeni have become shocking­ death struggle. We are talking about armed policemen stood guard at ly commonplace in the Pietermar- all-or-nothing victories." 29 SOUTH AFRICA: A NATION AT WAR

South Africa is a nation at war-a its civilian population to facilitate Swaziland has an especially high war that it fights on many fronts. It South Africa's detection of South rate of kidnappings and killings. Two accuses the African National Con­ West African People's Organization men identifying themselves as South gress (ANC) of masterminding unrest (SWAPO) combatants entering from African police abducted Ebrahim within the country, as well as posing Angola. A full third of South Africa's Ismail Ebrahim from his home at a military threat at its borders. Conse­ R6.6 billion military budget goes to gunpoint in December, 1986. Blind­ quently, it seeks the elimination of operations in Namibia, often referred folded, gagged and tied, he was ANC members wherever they are to as "the front." driven across the Swazi border, taken found and the overthrow of neigh­ South African commandos have to Pretoria, detained, interrogated boring African governments which staged cross-border raids into all of and tortured by intermittent exposure support the liberation struggle. This the neighboring states, blowing up to unbearable piercing sounds. Even­ embroils all the nations of southern houses of suspected ANC sym­ tually he was charged with high Africa in a bitter conflict with stag­ pathizers and murdering occupants. treason. A South African court gering human and economic costs. In February, 1988, a gunman using a adopted the controversial position

South Africa Defence Force (SADF) on parade in downtown Johannesburg I In the early months of 1988, An­ silencer shot and killed suspected that its jurisdiction to try him was not gola reported 9,000 South African ANC member Atwel Mazizi affected by the fact that his abduction troops within its borders. Over a Maqekeza, who was under police violated international law. 45-day period, it suffered 16 air raids, guard in a Lesotho hospital bed. A Assassination attempts against the 67 artillery bombardments, three month later, the South African De­ opponents of apartheid are occurring ground attacks and the use of poison fense Force admitted killing one with greater frequency, not only in gas. South African man and three local southern Africa, but worldwide. South Africa launches these incur­ women in a suburban house in Exploding letter bombs, car bombs, sions from the illegally-occupied Gaborone, Botswana, in the early sniper fire into homes and offices territory of Namibia where 50,000 hours of the morning. Since 1981, a have occurred from Maputo to Brus­ troops are stationed. Namibia's entire total of 146 people have been killed sels. Dulcie September, the ANC northern border has been cleared of region-wide in such raids. Representative to France, was fatally

30 shot at point-blank range as she policemen in November, 1986. there is overwhelming evidence that entered her Paris office in March, Declaring his status as a trained torture is rampant. 1988. The following week, Albie soldier, Petane challenged the Court's In the vast majority of trials under Sachs, a South African lawyer and jurisdiction to try him. Generally, the the ISA, the State's case rests heavily member of the ANC, lost his right Geneva Conventions codify interna­ on a confession extracted from the arm and possibly the use of an eye in tional rules safe-guarding the detainee while being held incommu­ a car bomb explosion in Maputo, victims-including combatants-of nicado under Section 29 of the ISA. where he worked for the Mozamb­ international armed conflicts. Protocol Unfortunately, courts have seldom ican government. Bombs have dam­ held confessions to be inadmissible I extends that protection to victims aged buildings used by the ANC in even in the face of clear and con­ London, Stockholm, Lusaka and vincing proof of torture. Harare. In London, a complex con­ A full third of South State witnesses are also tortured. spiracy to kidnap two prominent Africa's R6.6 billion Section 31 of the ISA authorizes the ANC members and return them to military budget goes to detention of potential State witnesses South Africa was uncovered by until court proceedings end or for six British authorities in 1987. And, in operations in Namibia, months, if the trial has not yet the United States, the Federal Bureau often referred to as Uthe begun. Apart from the coercive of Investigation has warned several front." effects of detention itself, the poten­ ANC members that their lives are in tial State witness faces a further term danger. of imprisonment if he or she refuses and combatants of national liberation In Angola and Mozambique, South to testify. struggles. South Africa is not a signa­ Africa uses a dual approach: direct In providing assistance to those tory of Protocol I, but the ANC has attacks and support for internal held or charged under South Africa's submitted a declaration of its intent armed resistance movements. In security legislation, the Project seeks Mozambique, South Africa finances to be bound by its terms. Justice to ensure not only that each defen­ RENAMO (Mozambican Resistance Comadie of the Supreme Court of dant is accorded an opportunity to Movement): mercenaries who ter­ South Africa (Cape of Good Hope defend against the charges but also to rorize the rural population through Provincial Division) rejected the deter, through active intervention in destruction of crops, railway lines, defense claim that Protocol I was the courts, the abuse and violence roads, bridges, electricity, water applicable and that, therefore, the exercised against the defendants by supplies, schools and clinics. The Court had no jurisdiction to try Mr. the State. human casualties include 100,000 Petane as an ordinary criminal rather The case of State v. P. Mazibuko and dead and nearly 1.5 million refugees. than as a prisoner of war. After Others, with Project support for the In Angola, South Africa supports reviewing scholarly writings on defense, revealed the brutality of the UNITA (Uniao Nacional para a Protocol I and its present status in police methods. Patrick Mazibuko, a Independencia Total de Angola) international law, he concluded that it trained ANC soldier, abandoned his movement whose activities have had not achieved the status of cus­ car when he unexpectedly encoun­ devastated the economy and cost an tomary international law. It could not tered a police roadblock near Nels­ estimated 60,000 lives. be considered, therefore, to be pruit. The car contained explosives When South Africa captures ANC binding on non-signatory states, such intended to be used against the or SWAPO combatants, they are as South Africa. Petane did not dis­ Eastern Transvaal Commando, a charged and tried under South Af­ pute the specific actions for which he South African Defense Force (SADF) rica's draconian security legislation. was charged. He was found guilty unit, and adjacent offices of the In a landmark case in which the and sentenced to 17 years imprison­ Department of Cooperation and Project financed the defense, Mxolisi ment. Development which at that time Edward Petane, maintained that as a Nearly all persons who appear in administered African affairs. combatant in an "armed conflict," he court for "political offenses" as sus­ Two guards near the Swaziland should be accorded prisoner of war pected combatants have undergone a border apprehended Mazibuko just status as prescribed in Protocol I (of period of detention under Section 29 before dawn, after he had been 1977) of the Geneva Convention of of the Internal Security Act, No. 74 of running all night. At the Bordergate 1949. The State alleged that Petane 1982 (ISA). This now-infamous sec­ Police Station, a Captain Uys ordered left the country in 1977, joined the tion provides for indefinite detention him to strip and face the wall with ANC, received training in the use of without charge or trial, and without his hands placed against it. Mazibuko arms and explosives in Botswana and access to any person other than could not repeat in court what had Angola, and then, secretly returned police interrogators. The detainee been done to him during this long to Cape Town in 1986. He was may be held until he or she has interrogation; the nature of his tor­ charged with shooting at a police "satisfactorily replied to all questions" ture was too terrible to describe. constable in June, planting a bomb or until fIno useful purpose will be Mazibuko stood there the entire near a busy shopping center in July served by his further detention." day without food or water. The next and throwing a hand grenade at four Such conditions invite torture and day, still deprived of food and water, 31 he was taken to Nelspruit Police Seven other suspected PAC sup­ another case, Naidoo entered a guilty Station for an extended interrogation, porters were also arrested and plea to charges of placing a limpet including assaults, electrical shocks brought to trial in the Transkei in mine outside of Mr. Rajbansi's home and death threats. July, 1986. The Project is financing and removing the firing pin. He was Mazibuko received food and water the defense in The State v. Leo Kantolo given a five year sentence, of which only after making a statement to a & Others, in which the accused are three years were suspended. Magistrate, admitting to everything charged with membership in a Police have increasingly resorted to the police wanted. The Magistrate banned organization (the PAC) detaining family members of under­ noted his numerous injuries, but holding meetings, recruiting new ground activists to force them out of failed to determine who had inflicted members, harboring combatants and hiding. The Project supported the them. The Court made a finding that possessing illegal documents. The case of The State v. Victor Webster & the confession forced from Mazibuko trial is still pending. Trevor Webster. Three brothers, in­ was admissable evidence. He re­ Many trials under the Internal cluding Durban lawyer, George ceived an eight year sentence. Security Act focus on the activities of Webster, were detained in July, 1986, The Southern Africa Project fi­ suspected members of ANC under­ along with their brother-in-law. They nanced the defense in two other ground cells inside South Africa were all suspected of harboring similar cases: State v. J. Maseko and rather than trained ANC soldiers another brother, Gordon Webster, Others and State v. X. Tshikila and J. who cross the border. We funded the who was wanted by the police fol­ Matiwane. After nearly a year in defense in State v. Derek Naidoo, a case lowing a dramatic escape from a solitary confinement, James Maseko, in which a 26 year old student med­ guarded hospital bed. Gordon had Benjamin Mokgosi and Samuel Mo­ icallaboratory assistant was charged been injured in a shoot-out when hope were charged with undergoing with being part of an ANC cell re­ police discovered arms and explO­ military training with the ANC, sponsible for bombing the sives in the trunk of his car. hiding a large quantity of arms in the Chatsworth Magistrate's Court and The Court first dismissed an appli­ mountains near Zeerust in the the home of Mr. Amichand Rajbansi, cation for George Webster's release western Transvaal and attempting to a member of the tricameral Parlia­ when the police submitted affidavits politicize the local populace. After ment. When an alleged accomplice of linking him to Gordon's political pleading guilty to the arms charge, Naidoo's turned State witness in activities. Sometime later he was they received eight year sentences. Police caught Xolisile Tshikila and Civilians observe a military parade in Potchefstroom Miller/AFRAPIX 1987 Joseph Matiwane with explosives designated to blow up a hydroelectric station. Tshikila allegedly received military training from the ANC at various places abroad from 1981 to 1986. Upon returning, he joined forces with Matiwane. Both pleaded guilty to the major charge of terrorism. Tshikila received a sentence of 10 years and Matiwane 50 months. In July, 1986, Mabatu Enoch Zulu, wanted by the South African Police since the early 1960s, was captured in South Africa. He and six others were subsequently charged and put on trial in Pretoria for conspiring with the Pan Africanist Congress (PAC) to recruit supporters. The Southern Africa Project is financing the defense in The State v. Enoch Zulu & 6 Others. Apprehended in a house in Bophu­ tatswana, several of the accused state they were subjected to unusual forms of torture to extract confessions. Two were tied together, then forced to lie on the floor where they were as­ saulted, trampled and struck with rifle butts. The same men were sub­ sequently tied to an ant-infested tree. The trial is still in progress. released, while his brothers Victor subsequently recharged under the & D. Maya, two friends were stopped and Trevor were formally charged Transkei Public Security Act, No. 30 for being without curfew permits with harboring Gordon. After succes­ of 1977. In November, 1987, the trial while on their way to a bar. Police sive postponements of the trial date of the seven was severed into three questioned them about distributing and extensive plea-bargaining, the separate trials. pro-ANC pamphlets. When Mgijima State suddenly withdrew all charges In State v. E. Sotsu & P. Ntshobane, denied any knowledge of the docu­ against the accused in March, 1987. the accused are charged with re­ ments, he was ordered to raise his The family believes that the sole cruiting people, particularly univer­ hands and stand still. As he did so, purpose for these detentions was to sity students, into ANC underground the policeman, without apparent "flush out" Gordon Webster, who cells and stealing Transkei govern­ cause, shot him at point blank range. eventually surfaced at ANC head­ ment documents for ANC use from Struck in the chest and underneath quarters in Lusaka, Zambia. Ulti­ November, 1985, to May, 1986. In The the left armpit, he was taken to the mately, he returned to South Africa State v. N. Ndzamela & 2 Others, the hospital and operated on. That same where he was captured and put on government alleged that the accused, evening, security police interrogated trial. all ANC members, planted a bomb at him in the hospital about a gun Combatants of the ANC and PAC the Wild Coast Sun Hotel in April, allegedly found in the back of his operate in South Africa's bantustans, van. Mgijima denied knowledge of like the Transkei, as they do in the Nearly all persons who the gun. other parts of South Africa. The appear in court for Three weeks later Mgijima and Transkei's security legislation is in Maya were interrogated and tortured many respects identical to South Upolitical offenses" as both by Transkei security police and Africa's Internal Security Act and suspected combatants have South African security police. Mgi­ often detentions in the Transkei are undergone a period of jima was accused of being a trained more brutal. detention. ... Such combatant. The police assaulted him, In June, 1987,20 detainees were concentrating their blows on his brought to court in the Transkei on a conditions invite torture unhealed gunshot wounds. Because general charge of terrorism. No and there is overwhelming of the extreme pain and the contin­ detailed or specific accusations, how­ uous routine of torture and inter­ ever, were made against any of the evidence that torture is rogation-for nearly a week-Mgijima accused, some of whom had been rampant. agreed to everything the security held as long as two years. After an police wanted. initial Court appearance, the State 1986, killing two people and injuring applied for a postponement of the several others. The third case, State v. Durnisa Maya was pressured to trial on four separate occasions, W. Nombe & M. Madaka involves state that his friend, Mgijima, was a claiming the police needed to conduct charges of transporting ANC combat­ fully trained combatant. He was further investigations. On August ants and hiding arms during January tortured by a method known as "the 20th, when the Prosecutor asked for and February, 1987. The Project is helicopter." While handcuffed, his yet another delay, the defense com­ financing the defense in all these arms were brought over his legs and plained strongly about the State's cases. then a broomstick inserted under his failure to present particulars of the The Transkei Attorney-General knees and between the arms. He was charges against the accused. Magis­ won an application to reverse Magis­ then suspended in the air between trate J. Mugweru unexpectedly sided trate Mugweru's decision and imme­ two tables and left for an extended with the defense and refused the diately issued warrants for the arrest period of time. State's application. of those who escaped the courtroom. After learning from Mgijima that In a sharply-worded decision, Some have disappeared, others are in he had confessed, Maya also agreed Mugweru found that the State's hiding and a few have been appre­ to the demands of the security police. slowness to charge the accused, hended and charged under the Tran­ On September 8, 1987, the Court along with the length of police cus­ skei Public Security Act. The Project found both men not guilty of charges tody that the accused had already is also supporting seven of the orig­ of possessing illegal documents. The endured, amounted to an impermis­ inal 20 accused who have filed civil Court determined that the police had sible violation of individual liberty. actions against the Transkei Minister lied and concealed information; no Mugweru declared he would not of Police for damages for unlawful supporting evidence of the police serve as a rubber stamp for the State detention, assault, torture and mali­ allegations had been produced. With and struck the case off the roll. cious prosecution. These suits are still the assistance of the Southern Africa When the decision was announced, pending. Project, both Maya and Mgijima nearly all of the accused climbed over In another case, a routine arrest in subsequently brought civil claims for the dock and tried to run out of the the Transkei for curfew violations damages against the Minister of courtroom. Seven were re-arrested turned into a nightmare of torture Police for wrongful arrest and deten­ before they could leave, but the and false accusations for two young tion, assault during detention and others escaped. These seven were men. In the trial of State v. T. Mgijima malicious prosecution. 33 NAMIBIA: AFRICA'S LAST COLONY

September, 1988, marks 10 years 435, South Africa installed a "Transi­ Namibian Security Police arrested six since the United Nations Security tional Government of National of SWAPO's internal leaders on Council Resolution 435 established an Unity," also known as the "Interim August 18 and 19, 1987. Detained internationally-accepted plan for free Government." Its eight-member under Section 6 of South Africa's and fair elections in Namibia. South Cabinet and 62-member National infamous Terrorism Act which allows Africa, however, having illegally Assembly were not elected, but for indefinite detention without trial occupied the territory since the UN appointed by South Africa. The were: Pastor Hendrik Witbooi, General Assembly terminated her South African government can veto SWAPO Vice-President; Dan Tjongar­ Mandate in 1966, has consistently actions of the Interim Government, ero, SWAPO Deputy National Chair­ defied internal and international and it retains, as well, control over person; Nico Bessinger, Assistant pressure to withdraw. Instead, it links defense and foreign affairs. Secretary for Foreign Affairs; John the independence of Namibia with While PLAN, SWAPO's military Pandeni, General-Secretary of the the withdrawal of 40,000 Cuban wing, is banned, other SWAPO Namibian Foodworkers and Allied forces in Angola, a strategy first sections operate legally inside Union (NAFAU); and SWAPO introduced by the United States- member and trade unionist, Anton a major funder, along with South Lubowski, treasurer of the steering Africa-of UNITA (Uniao Nacional In order to secure her committee of NAFAU. Ben Uulenga, para a Indepencia Total de Angola), control over Namibia, the National Organizer of the Na­ Angola's rebel group. South Africa has deployed tional Union of Namibian Workers In order to secure her control over at times as many as (NUNW) and General Secretary of Namibia, South Africa has deployed the MUN was detained on his return at times as many as 100,000 troops 100,000 troops there. from overseas on August 26th. there. In addition to its own army of At the same time, security police occupation, its security police and the Namibia. This does not exempt them, also raided homes and offices of dreaded Koevoet counter-insurgency however, from security force repres­ SWAPO officials and activists in at unit, South Africa has created the sion. On July 24th, Asser Kapere, least 60 central locations throughout South West Africa Territory Force Chairman of SWAPO's Western the country; four private schools in (SWATF), an army of 22,000 drawn Region and National Chairman of the the south; community organizations from the conscription of Namibians Mineworkers Union of Namibia and churches. Books, magazines, of all racial groups. These troops (MUN) was detained prior to a pamphlets, official documents, wage a war in northern Namibia and SWAPO rally. In sweeping raids, the records, even music cassettes were Angola against the 9,OOO-strong People's Liberation Army of Namibia Members of the South West African Territon) Force, northern Namibia (PLAN), the combat wing of the South West Africa People's Organiza­ tion (SWAPO). By "Namibianizing" the military forces through conscrip­ tion, South Africa has been able to reduce the presence of its own troops and reinforce its contention that Namibia is in a transitional period moving towards independence from Pretoria. Erik Binga, the first to take legal action challenging the draft, argued that under international law, the occupation authorities are forbidden to conscript the local population into the military. In March, 1988, Binga lost his case before the Appellate Division of the Supreme Court of South Africa. In June, 1985, in an attempt to circumvent the process leading to Namibian independence mandated by U.N. Security Council Resolution confiscated. Police surrounded and systematically searched the NUNW offices and those of the Namibian National Students Organization (NANSO). The raids came at a time of height­ ened political tensions on a number of fronts. Miners had been on strike for a month. The Special Representa­ tive for Namibia of the Secretary­ General of the United Nations, Martti Ahtisaari, had just arrived in South Africa to explore possibilities of reviving negotiations on implementa­ tion of UN-supervised elections under the terms of Resolution 435. Pretoria was at the same time pressing the Interim Government to schedule ethnically-based elections. And, SWAPO was planning a major rally in Windhoek's Katatura town­ ~. ship to observe the 21st anniversary ----_.#- ., of SWAPO's launching of the armed Gay McDougall consults the mother of Simion Amukoto who disappeared in northern Namibia liberation struggle. A month earlier, SWAPO's military wing had deto­ nated a powerful bomb in a parking South West Africa should still be during military operations. Social and garage adjacent to the South African subject to the draconian provisions of economic structures have been military headquarters in downtown a South African Act of Parliament eroded. A dusk-to-dawn curfew which was repealed in South Africa enforced by penalty of death creates The raids came at a time ... and which is moreover in conflict in residents a sense of life in a prison of heightened political with our Bill of Rights." camp. tensions on a number of The Cabinet immediately appealed Troop carriers, loaded with 10 to 20 fronts. Miners had been on the decision, but the Full Bench of soldiers each, patrol the roads of the Supreme Court dismissed their Ovamboland in what appears to be a strike for a month. action on February I, 1988. Soon constant parade of intimidation. The after, the seven former detainees security forces claim their role is to Windhoek, prompting white politi­ announced that a summons had been protect the people from SWAPO cians to demand a major clampdown served on the Cabinet of the Interim intimidation. While "protecting the on SWAPO's internal wing. Government seeking a combined sum people," hundreds of charges of In Bessinger & 5 Others v. Cabinet of of R365,OOO in damages for wrongful atrocities have been levelled against the Interim Government, the Southern arrest and unlawful deprivation of Africa Project assisted an urgent liberty. The Cabinet is contesting the application made by the wives and case. A dusk-to-dawn curfew relatives of the seven detained Conditions in northern Namibia enforced by penalty of SWAPO leaders for their immediate display no evidence of the existence death creates in residents a release. The State contended that the of a Bill of Rights. Project Director seven could be held on the assump­ Gay McDougall visited northern sense of life in a prison tion that they were withholding Namibia in February, 1987, and found camp. information about the bomb blast. it to be, in every sense of the word, a Determining that there was insuffi­ war zone. The civilian population the security forces, especially the cient evidence that information was there is virtually overwhelmed by the Koevoet counter-insurgency unit. being withheld, Justice Bethune of presence of some 50,000 troops. With The most common complaints are the Supreme Court of Namibia or­ a population of 670,000, it has a ratio of Koevoet beating and torturing dered their immediate release and of one soldier for every 13 civilians, people for information about SWAPO dire~ted the Cabinet to pay litigation making it one of the world's most activities, allegations of rape com­ costs. militarized areas. mitted by white soldiers and inci­ Judge Bethune criticized the use of The impact of the war on daily life dents of people being shot for alleg­ the Terrorism Act, saying, "It is is shattering: homes, schools and edly breaking the curfew. According incomprehensible that citizens of churches are destroyed regularly to testimony in a case in the Wind- 35 Bombed-out church in northern Namibia war-zone; South African Defence Force suspected as perpetrators hoek Supreme Court, Koevoet's June, 1987, the attorney served notice contusions and abrasions around his special constabulary receives bounties on the Cabinet of the Interim Gov­ head, arms, legs, buttocks and chest. based on the number of SWAPO ernment and the Minister of Defence The Koevoet officer involved in the insurgents killed in each operation that Edmund's uncle, David Ekondo, encounter claimed that Edmund ran and members of the unit are trained intended to file an urgent application out of a house straight into the as "programmed killers." for a court order directing them to casspir, incurring the injuries which Just one of many tragedies in the produce Ruben Edmund by a spec- caused his death. north unraveled in David Ekondo v. Edmund's family subsequently The Cabinet and Minister of Defense: The impact of the war on filed a civil claim for loss of support Death of Ruben Edmund, a case fi­ for his four children. The government nanced by the Southern Africa daily life is shattering: is asserting that the six month statute Project. While walking down the homes, schools and of limitations had lapsed, making the road on November 28, 1986, Ruben churches are destroyed filing of the claim untimely. The Edmund and his friend, Andreas family's attorney has argued that the Abisai, saw several troop carriers regularly during military time should start to run only from (casspirs) heading in their direction. operations. the point when the death was offi­ Because of Koevoet's reputation for cially acknowledged. The matter is viciousness, they decided to run ified date and time. The reason for still pending. away. They ran in different direc­ the application was fear for Ed­ In a similar case, Simion Amukoto, tions, but both were apprehended. mund's safety. a young man living in northern A witness saw Edmund caught, Nearly a month later, the Deputy Namibia, had been abducted by six seriously assaulted and then taken Attorney General submitted a sworn plainclothes men believed to be away in a casspir. For months, Ruben statement to the Court that it members of Koevoet. For nearly two Edmund's family searched for him, "appeared" that Ruben Edmund had months, his family searched for him, but Koevoet denied knowledge of his died on the day of his arrest. A but the security forces denied knowl­ whereabouts. A number of official judicial inquest at the time of death edge of his whereabouts. Eventually, inquiries made by the family's at­ had, in fact, established his identity. relatives discovered his dead body in torney produced nothing. Finally, in A post-mortem described multiple the mortuary. It showed evidence of 36 aggravated assault. Inquiries made by On the eve of the hearing, the an attorney, engaged by the Southern .. . the Southern Africa government invoked a controversial Africa Project, prompted the Attorney­ Project assisted an urgent provision of the Defence Act which General to charge a Koevoet member application made by the provides for the indemnity of govern­ with culpable homicide. After brief ment officials and members of the testimony from a single witness, a wives and relatives of the South African Defence Force for acts fellow member of the police force, the seven detained SWAPO committed in an "operational area." accused was acquitted. leaders for their immediate The Act authorizes the Minister of The case of Aluteni Pinehas v. release. Justice to withdraw the jurisdiction of Administrator-General and the Minister the Court with respect to legal pro­ of Defence, financed by the Project, is Aluteni-released in 1984 as a result ceedings instituted against a member another civil claim filed to challenge of a challenge to the imprisonment of of the SADF if " ... the State Presi­ the brutality of the security forces. the "Cassinga Detainees" filed by the dent is of the opinion ... that it is in Ten years ago, on May 4, 1978, the Southern Africa Project-sued gov- the national interest that the proceed-

Marchers at Cassinga memorial in Windhoek LiebenbergfThe Namibian

SADF crossed the border into Angola ernment officials for damages re­ ings shall not be continued." This and attacked a refugee camp at Cas­ sulting from his illegal imprisonment. new issue was not argued before the singa. More than 600 of the camp's The defendants argued that his arrest court, however. Consideration of it inhabitants-unarn1ed women, old and detention were justified under was severed from the primary de­ people and youths-were brutally the powers granted to the military in fense and may be argued when the massacred. Over 100 survivors were the South African Defense Act, No. case is heard on appeal. Detailed then forced back into Namibia and 44 of 1957. The judge found, how­ testimony, however, about the Cass­ held illegally for six years at a secret ever, the language of the Act too inga raid may have to be given to military camp near Mariental in imprecise to grant members of the prove the applicability of this prin­ southern Namibia. Nearly all the SADF the express power to arrest or ciple. A high level of international detainees were assaulted and tor­ detain anyone. Mr. Aluteni's deten­ and local sensitivity to the whole tured by their captors. tion was, therefore, unlawful and he Cassinga episode could make such One of the survivors, Pinehas was awarded costs. an exercise quite embarrassing. 37 UNITED STATES-SOUTH AFRICA: BREAKING THE TIES

In the United States the Southern House of Representatives. She also Our educational outreach includes Africa Project relies on two basic testified on the status of South Af­ a variety of speaking engagements strategies: 1) educational activities to rican political prisoners during the and special events, such as our build a growing constituency that is United Nations Day of Solidarity with June, 1987, Symposium on the De­ informed on issues of apartheid and South African Political Prisoners and tention of Children, with its follow­ prepared to make a meaningful on the status of human rights in up post card campaign, press con­ response; and 2) litigation in the Namibia before the Fourth Committee ference and demonstration at the courts of the United States to chal­ on Special Political Questions of the South African Embassy. lenge unlawful links between this United Nations General Assembly. We sponsor special forums to allow country and South Africa. visiting South African attorneys to In the course of its work, the discuss their work with a U.s. audi­ Southern Africa Project maintains ence. In 1987, we organized forums daily contact with South African and The Project acts as a in which Johannesburg based at­ Namibian lawyers and human rights torney Nicholas Haysom discussed activists. They provide the Project clearinghouse for the rise of right-wing vigilantes in with up-to-date specialized informa­ information on conditions South Africa and attorney Durnisa tion about apartheid and incidents of in South Africa, serving Ntsebeza talked about the kind of human rights violations often not support that U.s. lawyers might give covered in the media. The Project Congressional offices and to their South African counterparts. has, therefore, been able to playa committees, lawyers, unique role by providing a link be­ church groups, human We also conduct public education tween anti-apartheid groups inside campaigns around critical South South Africa and those in the United rights activists, writers, African issues and court cases. Fre­ States. The Project acts as a clearing­ educators and other quently, the Southern Africa Project house for information on conditions concerned citizens. disseminates reports on specific cases in South Africa, serving Congres­ to draw attention to the plight of sional offices and committees, law­ yers, church groups, human rights activists, writers, educators and other concerned citizens. The dramatically increased public attention on South Africa that has occurred over the past few years has in tum dramatically increased the public's demand for information about apartheid. As a consequence, this aspect of our work has tripled. It has become especially important since South African President PW. Botha used extensive powers autho­ rized by the State of Emergency to restrict press coverage of important events in that country. Since then, we have found that our ability to quickly obtain information about incidents in ~ Sharpeville Six," we Monitoring Group consists of Project ments of South African Airways and worked with more than 500 local and staff and volunteer attorneys from denied the petition to set aside the national organizations, as well as law firms and law faculties with order of the Department of Transpor­ members of the Senate and House of expertise in international trade, cus­ tation. Representatives. Our initial goal was toms, tax and corporate law. The In a separate development, the a personal intervention to save their Monitoring Group conducted a sec­ Sanctions Monitoring Group discov­ lives by President Ronald Reagan. tion by section analysis of the Act to ered that, in spite of the Act's ban on The President responded to the determine the degree to which the the importation of South African campaign and issued to South Af­ regulations issued by the Executive uranium, the Nuclear Regulatory rican President Botha a personal branch accurately reflect and imple- Commission (NRC) and the Treasury

39 Department intended to issue regula­ tory Commission to the United States because he was black. He was subse­ tions permitting the importation of Court of Appeals for the District of quently taken by private car to a South thousands of tons of South African Columbia. The appeal is being han­ African government owned hospital, and Namibian uranium into the dled for the Southern Africa Project where he was left unattended for a United States. Section 309 of the Act by the law firm of Arnold & Porter. significant period of time because of his bans the importation of "uranium The Southern Africa Project also race. Several hours later, he was trans­ ore" and "uranium oxide." The filed an amicus curiae brief in Trustees ported 65 miles to another government Reagan Administration maintains that of the Employees' Retirement System, et owned hospital, where he was taken to other forms of uranium are not cov­ al. v. Mayor and City Council of Balti­ the section reserved for black patients. ered by that prohibition and, there­ more. The plaintiffs in the case sought He received treatment only after fur­ fore, may be imported. The adminis­ a declaratory judgment that the ther delay and after he had been tration also announced its intention Baltimore Ordinance- requiring that accorded "honorary white status" and to permit imports of uranium ore and the portfolios of city employees' admitted to the section reserved for oxide in bond for processing and pension funds be sanitized of South whites. The denial of prompt treatment re-export for foreign use. Africa-related investments-is uncon­ left Mr. Martin a quadriplegic. In January, 1987, eight license stitutional and requires the Trustees Jurisdiction was based on diversity applications were filed before the to violate their fiduciary duties. of citizenship and the Foreign Sover­ NRC seeking the importation of over Plaintiffs claimed that the Ordinance eign Immunities Act. Defendants constitutes an unconstitutional intru­ 3,700 metric tons of uranium from moved to dismiss on grounds of lack sion into the exclusive federal power South Africa and Namibia. In addi­ of subject matter jurisdiction, forum to conduct foreign affairs; that it tion, 11 existing licenses already non conveniens, and the "act of state" violates the interstate and foreign permitted such imports. The doctrine. commerce clauses of the United Southern Africa Project petitioned the States Constitution; and that it is The District Court dismissed.the NRC to block the proposed uranium preempted by the Comprehensive Complaint for lack of jurisdiction. It imports on behalf of a coalition of Anti-Apartheid Act of 1986. held that Mr. Martin had failed to Members of Congress, anti-apartheid The issues raised by the case are satisfy the "direct effect" requirement and nuclear non-proliferation groups, important. To date, 23 states and the of the exception to foreign sovereign a South African political exile, a Virgin Islands, 14 counties and 75 cities immunity in 28 U.S.c. §1605 (a)(2) and uranium miner who had lost his job have passed some form of anti­ that defendants therefore were entitled because of foreign imports and a apartheid legislation. Collectively, this state Senator from New Mexico who legislation affects hundreds of billions represents many such former ura­ of dollars in assets. The Baltimore nium miners. The Southern Africa Ordinance is typical of many such local Project was joined by Eldon Green­ laws enacted throughout the United berg, from the Washington law firm States. of Galloway and Greenberg, who is The trial court upheld the Balti­ litigation counsel for the Nuclear more Ordinance on each of the Control Institute. grounds challenged. Trustees of the Retirement System have appealed The Southern Africa and the Southern Africa Project filed Project also engages in an amicus on the appeal. Our amicus litigation in the United curiae briefs on appeal and at the trial level were prepared by Martin Gold States to challenge actions of the law firm of Gold, Farrell & which are supportive of Marks. apartheid. During 1987, we appealed a decision A young Washington demonstrator speaks out in Barry Martin v. The Republic of South against apartheid Africa, et al.. In 1985, we filed an action In September, the Nuclear Regula­ in U.S. federal court in the Southern to invoke sovereign immunity. The tory Commission issued its decision District of New York for damages for that the Act does allow the importa­ District Court found it unnecessary to personal injuries sustained by Barry J. reach the other issues raised in the tion of South African uranium in Martin, a black American dancer. In defendant's motion to dismiss. forms other than ore or oxide, even July, 1983, Martin traveled to South though such uranium may serve the Africa as a member of a professional On December 29, 1987, the U.S. same purpose-as fuel for reactors. dance group scheduled to perform in Court of Appeals for the Second The Nuclear Regulatory Commission, Sun City. While in South Africa, Mr. Circuit affirmed the lower court's therefore, granted the pending li­ Martin was involved in an automobile decision. The appeal was handled by cense applications. We have appealed accident. The ambulance that arrived at attorneys at the law firm of Wilmer, the decision of the Nuclear Regula- the scene refused to transport him Cutler & Pickering.

40 PROJECT FINANCES

Statement of Revenues and Expenditures January 1, 1987 Through December 31, 1987

REVENUES $926,855.22

EXPENDITURES Personnel Expenses Salaries $149,450.42 (Project Director, Staff Attorney, Two Support Personnel, Paralegal, Summer Students, Misc. Services) Fringe Benefits $ 22,949.75

Non-Personnel Expenses Travel & Meetings (Staff) $ 22,246.48 Travel & Meetings (Symposium on Children) $ 47,893.68 Newspaper Ad Campaign $ 19,320.94 Office Operations $104,715.92 General & Administrative $ 8,176.85 Contractual Legal Services in South Africa and $426,924.54 Namibia* Allocated Admin. Expenses $ 26,605.80

TOTAL EXPENDITURES $828,284.38

REVENUES LESS EXPENDITURES $ 98,570.84 BALANCE BROUGHT FORWARD JAN. 1, 1987 $241,542.74 FUND BALANCE DEC. 31, 1987 $340,113.58**

"Funds used to finance cases in South Africa and Namibia. "*$273,988.54 of the Fund Balance is earmarked solely for the funding of cases in South Africa and Namibia. Copies of the T.nwyers' Committee's audited financial report for 1987 are available upon request.

41 GRANTS and CONTRIBUTIONS

The Southern Africa Project operated in 1987 through the generous contributions of institutional funders, in-kind services and individual sponsors.

Institutional Funders Individual Sponsors In-Kind Services A.L. Mailman Family Foundation, The Southern Africa Project thanks all Arnold & Porter Inc. of the 1,343 individuals who contributed Covington & Burling to our work in 1987 and especially appre­ Aetna Life & Casualty Debevoise & Plimpton American Home Products ciates the generosity of the following: Dewey, Ballentine, Bushby, Corporation Genevieve Allen Palmer & Wood Amnesty International USA, Inc. Michael Arlen Gold, Farrell & Marks Beech Street Foundation Susan Auerbach Hogan & Hartson Carnegie Corporation of New York Thomas D. and Cornelia H. Barr Simpson Thacher & Bartlett Patrick and Anna M. Cudahy Fund Stuart S. Blood John Deere Foundation Robert Boehm Wilmer, Cutler & Pickering FeI-ProlMecklenburger Foundation Dan Burnstein and Jacquelyn Borck Field Foundation, Inc. George H. and Goler T. Butcher Ford Foundation William J. Butler Funding Exchange/National David P. Cohen Community Funds Peter J. and Ann M. Connell International Possibilities Unlimited Camille Cosby Lutheran Office for World Wolcott B. and Joan Findlay Dunham Community William S. and Ann Leo Ellis J. Roderick MacArthur Foundation w.H. Ferry and Carol Bernstein Ferry National Council of the Churches of Martin R. Gold Christ in the USA Comad K. and Marsha W. Harper New World Foundation Honorable John Heinz Phelps-Stokes Fund Jack Himmelstein Pittsburgh Coalition for Children of James M. Johnstone Southern Africa Stuart J. Land Reformed Church in America Elizabeth S. Landis St. Raymond's School George N. Lindsay United Church of Christ-United Reginald C. and Cheryl E. Lindsay Church Board for World Ministries C. Victor McTeer United Methodist Church-General Board of Global Ministries­ Marion D. Quick Women's Division Stephen Rosenfeld United Nations Special Committee William H. Scheide Against Apartheid Mary Conti Swiontoniowski United Nations Trust Fund for South Thomas E. Unterman Africa James E. and Julia A. Wallace United Steelworkers of America Wiley, Rein & Fielding Urban Morgan Institute Karen and Wesley Williams Yale Endowment for Divestment Thomas S. Williamson, Jr.

42 ADMINISTRATION AND OVERSIGHT

The Southern Africa Project's Robinson and the Southern Africa Connell of Aetna Life & Casualty activities over the past year were Project Advisory Subcommittee of the (Washington); Drew S. Days, ill of Yale administered on a daily basis by Board of Trustees of the Lawyers' University Law School; John W. Dou­ Project Director Gay J. McDougall; Committee whose members are: glas of Covington & Burling (Washing­ Staff Attorneys Michael Prosper and Brooksley E. Born of Arnold & ton); Comad K. Harper of Simpson Kenneth Nunn; Researchers Julia Porter (Washington); Goler Teal Thacher & Bartlett (New York); Robert Wells, Ann Werboff and Mary Butcher of Howard University Law H. Kapp of Hogan & Hartson (Wash­ Rayner; Staff Assistant Priscilla School (Washington); J. LeVonne ington); Stuart J. Land of Arnold & Newton; Secretary Regina Brown and Chambers of the NAACP Legal De­ Porter (Washington); George N. student interns Cheryl Stevens, fense and Educational Fund, Inc. (New Lindsay of Debevoise & Plimpton James Silk and Edward KwaKwa. York); Ramsey Clark, former U.S. (New York); John Payton of Wilmer, Those activities were overseen by Attorney General and now practicing Cutler & Pickering (Washington); the Executive Director, William L. attorney in New York City; Peter J. Charles Runyon (Washington).

ACKNOWLEDGEMENTS

First, we must acknowledge the number of sources published in 1987 N. Haysom, Centre for Applied Legal expertise and courage of the attor­ and early 1988, particularly The Weekly Studies, Occasional Paper No. 10, neys in South Africa and Namibia Mail (Johannesburg), The Namibian 1986 (Johannesburg); newsletters of who, in 1987 and in previous years, (Windhoek) and other southern the Namibia Communications Centre have acted as correspondent attor­ African newspapers; The New York (London); SASPU National, South neys for the Southern Africa Project. Times; The Washington Post; ANC News African Student Press Union publica­ The history of such defense work has Briefings, press cuttings (London); tion (Johannesburg); South Africa in shown that by consistently repre­ Facts and Reports, press cuttings (Am­ the 1980s: State of Emergency, Catholic senting political prisoners, these sterdam); Detainees' Parents Support Institute for International Relations, lawyers often come to be viewed by Committee monthly reports (Johan­ 1987 (London); South African Govern­ the government as oppositionist, nesburg); Human Rights Quarterly, ment Gazette (Pretoria); the South thereby exposing them to banning February, 1988; papers of the Interna­ African Labour Bulletin (Johannesburg); orders, political imprisonment or tional Conference on Children, Re­ the South African Journal on Human forced exile. pression and the Law in Apartheid Rights (Johannesburg); Survey of Race In addition, the work of the South Africa, Harare, September Southern Africa Project could not have 24--27, 1987; various publications of Relations in South Africa, 1985, South been achieved without the assistance of International Defense and Aid Fund African Institute of Race Relations, many other organizations and individ­ (London) including: Focus on Political (Johannesburg); The War Against uals who share our commitment to Repression in Southern Africa (period­ Children: South Africa'S Youngest Vic­ human rights and majority rule in ical); Apartheid's Violence Against tims, 1986, and Crisis in Crossroads, South Africa and Namibia. Although Children, February, 1988; Any Child is 1988, Lawyers' Committee for their names are too numerous to list, My Child, Children in South Africa: Human Rights (New York); A we thank them for their work, guid­ Resistance and Repression, (video) 1988; Woman's Place is in the Struggle-Not ance and commitment. International Newsbriefing on Namibia Behind Bars, Federation of Transvaal The facts and figures cited in this (London); Mabangalala: The Rise of Women, 1988 (Johannesburg); Work in report were drawn from a wide Right-Wing Vigilantes in South Africa, Progress (Johannesburg).

43 MEMBERS OF THE BOARD OF DIRECTORS AND THE BOARD OF TRUSTEES

CO-CHAiRMEN BOARD OF TRUSTEES John P. Frank Roswell B. Perkins Conrad K. Harper 'Morris B. Abram L. FUchard Freese, Jr. Samuel R. Pierce, Jr. Stuart J. Land Albert E. Arent 'John D. French 'Stephen J. Pollak *Thomas I. Atkins Edward M. Friend, Jr. J. Stanley Pottinger SECRETARY 'FUchard F. Babcock Leonard Garment 'Robert D. Raven Robert F. Mullen Mario L. Baeza Lloyd K. Garrison 'Norman Redlich Clinton Bamberger 'A. Spencer Gilbert, III Judith Resnik TREASURER 'Charles A. Bane William T. Gossett Allan H. Reuben Peter J. Connell 'Martha Barnett Michael H. Gottesman Charles S. Rhyne *Thomas D. Barr 'Erwin N. Griswold Elliot L. FUchardson COUNSEL St. John Barrett William M. Guttman 'James Robertson Jerome B. Libin FUchard I. Beattie 'Joan Hall Mitchell Rogovin G. d'Andelot Belin 'Herbert J. Hansell Edward W. Rosston Charles W. Bender 'Conrad K. Harper EXECUTIVE DIRECTOR Edwin A. Rothschild Berl I. Bernhard Stanley P. Hebert William L. Robinson Charles Runyon Brooksley Born 'Ira Michael Heyman 'Lowell E. Sachnoff 'Wiley A. Branton 'Claude H. Hogan AFFILIATES Stephen H. Sachs Paul A. Brest Seth M. Hufstedler Boston, MA Paul C. Saunders David R. Brink Jerome E. Hyman Chicago, IL 'David M. Satz, Jr. Jack E. Brown Roy William Ide, III Denver, CO 'John H. Schafer 'Tyrone Brown Warren C. Ingersoll Los Angeles, CA 'Bernard G. Segal 'William H. Brown, III 'Albert E. Jenner, Jr. Philadelphia, PA Jerome G. Shapiro Cecil E. Burney Hugh R. Jones San Francisco, CA 'Goler Teal Butcher 'John B. Jones, Jr. 'Jerome J. Shestack Washington, DC Robert Carswell 'Peter T. Jones Arthur D. Shores 'J. LeVonne Chambers Stuart L. Kaclison Chesterfield Smith FORMER CO-CHAiRMEN Irvin B. Charne Edward E. Kallgren McNeill Smith Bernard G. Segal Warren Christopher 'Robert H. Kapp Otis M. Smith tHarrison Tweed Frank Cicero, Jr. 'Nicholas deB. Katzenbach 'Asa D. Sokolow 1963-1965 Ramsey Clark 'Maximilian W. Kempner Nicholas U. Sommerfeld Burke Marshall James E. Coleman 'Henry L. King 'David S. Tatel tWhitney North Seymour 'William T. Coleman, Jr. 'Stuart J. Land Gray Thoron 1965-1967 'Peter J. Connell Robert M. Lanclis Randolph W. Thrower tArthur H. Dean Jerome A. Cooper 'Jerome B. Libin 'John E. Tobin Louis F. Oberdorfer Michael A. Cooper Arthur L. Liman Michael Traynor 1967-1969 R. John Cooper 'George N. Lindsay 'Marna S. Tucker John W. Douglas Edward I. Cutler 'John V. Lindsay 'Harold R. Tyler, Jr. George N. Lindsay Lloyd N. Cutler Sol M. Linowitz 1969-1971 Cyrus R. Vance Talbot 0'Alemberte Sanford M. Litvack James Vorenberg Lloyd N. Cutler 'Hans F. Loeser 'James T. Danaher 'Herbert M. Wachtell John Doar Charles W. Davis Myles V. Lynk John W. Wade 1971-1973 'Drew S. Days, III Robert MacCrate Bethuel M. Webster FUchardF. Babcock Eli Whitney Debevoise Henry L. Marsh, III Roswell B. Perkins Armand Dermer Burke Marshall Togo D. West, Jr. 1973-1975 'Sara-Ann Determan Joseph P. Martori Francis M. Wheat Albert E. Jenner, Jr. Adrian W. DeWind 'Robert B. McKay 'Roger Wilkins Stephen J. Pollak Paul R. Dimond Harry C. McPherson Howard P. Willens 1975-1977 'FUchard C. Dinkelspiel Robert W. Meserve Karen Hastie Williams Charles A. Bane Norman Dorsen 'Ronald S. Miller Thomas D. Barr 'John W. Douglas Peter P. Mullen 1977-1979 Charles T. Duncan 'Robert F. Mullen 'Board of Directors John B. Jones, Jr. Victor M. Earle, III 'Robert A. Murphy tDeceased Norman Redlich Robert Ehrenbard Terrence Roche Murphy 1979-1981 Donato A. Evangelista James M. Nabrit, Jr. FUchard C. Dinkelspiel 'Fred N. Fishman 'James M. Nabrit, III Maximilian W. Kempner 'Owen M. Fiss 'David E. Nelson 1981-1983 Peter E. Fleming, Jr. 'Frederick M. Nicholas Fred N. Fishman Macdonald Flinn 'John E. Nolan, Jr. Robert H. Kapp Cassandra Flipper Sheldon Oliensis 1983-1985 Jefferson B. Fordham FUchard D. Parsons, Jr. James Robertson 'Laurence S. Fordham Robert P. Patterson, Jr. Harold R. Tyler, Jr. Alexander D. Forger John Payton 1985-1987 Eleanor M. Fox Kenneth Penegar

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