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124 General AssemblyNineteenth Session-Annexes 124 General AssemblyNineteenth Session-Annexes DOCUMENT A/5825/ADD.1 Repressive rueasures against opponents of the policies of apartheid [Original text: English] [10 December 1964] CONTENTS N.. ... ..I . .I.ON Chapter 1. TRIAL. ANi CoNvicrlONS OF OPPONENTS OF apartheid ........... ....... Introduction . A. The trial of Nelson Mandela, Walter Sisulu and others (the Rivonia tr ia l) . B. The Cape Town sabotage trial of Neville Alexander and others ..... C. I'ictermaritzburg sabotage trial of Billy Nair and others .......... D. Port Alired sabotage case of Vuyisile Mini and others ..... E. Sabotage trials in Queenstown of Washington Bongco and others ..... F. Trial of alleged supporters of African National Congress in Cape Town G. Pretoria sabotage trial of Andrew Mashaba and others ................ H. Johannesburg sabotage trial of Louis Marius Schoon and others ........ I. Trial of Frederick John H arris.............. .. ................ J. Cape Town sabotage trial of Edward Joseph Daniels and others K . T rials in progress ......................... ...... ........... ... II. DETENTION WITHOUT TRIAL ...... A. Detentions under Proclamation R.400 of 1960 ................. B. Detentions tinder section 4 of the General Law Amendment Act, -o. 37, 1963.......... C. Detentions under section 17 of the General Law Amendment Act, No. 37, 1963 . D. Solitary confinement of prisoners under detention ............... E. Protests on detentions under section 17 of the General Law Amendment Act, No. 37, 1963.............................. .. III. ALLEGATIONS OF ILL-TREATMENT AND TORTURE OF PRISONERS IV. BANNING ORDERS AND HOUSE ARRESTS A. Banning orders ............................... .... ..... .... B . H ouse arrests ..................................... ................ Annex Review of political trials in South Africa, September 1963-November 1964 Introduction 1. The United Nations organs have been greatly concerned during recent years over the regime of repression instituted by the South African Government in order to silence and intimidate all leaders of nonwhite organizations and all militant opponents of the policies of apartheid and thus to paralyse all resistance to its policies. They have expressed grave concern over such legislation and actions as the mass arrests after the Sharpeville and Langa incidents in 1960; the proclamation of emergency regulations in the Transkei in 1960; the banning of the African National Congress and the Pan-Africanist Congress and the promulgation of the Unlawful Organizations Act in 1960; the promulgation of the General Law Amendment Act (Sabotage Act) in 1962; the widespread arrests of alleged supporters of banned organizations in 1963; the promulgation of the General Law Amendment Act, No. 37, 1963 providing for the detention of persons without trial, and the detentions under this Act of hundreds of persons, including well- known leaders of political organizations opposed to the policies of apartheid; the institution of a large number of trials under the Sabotage Act and other repressive legislation; and the reports of ill-treatment and torture of persons in gaol. 2. The reports of the Special Committee in 1963 gave an account of the mass of repressive legislation in South Africa and its implementation.308 The present document covers the developments since those reports. Principal repressive legislation 3. The principal legislation under which thousands of persons have been tried and convicted may be recalled: (a) Under the Suppression of Communism Act, No. 44, 1950, as amended, "Communism" is defined not only as it is commonly understood but also as any doctrine or scheme "which aims at bringing about any political, industrial, social or economic change within the Republic of South Africa by the promotion of disturbance or disorder, by unlawful acts or omissions or by threats of such acts or omissions or by means which include the promotion of disturbances or disorder, or such acts or omissions or threats" or "which aims at the encouragement of feelings of hostility between the European and non-European races of the Union the consequences of which are calculated to further the achievement of any object" indicated earlier in that section. As Mr. Gerald Gardiner, Q.C. (now Lord Gardiner, Lord Chancellor of the United Kingdom) observed: "It is not inappropriate to comment that if the Government passes a law which discriminates against non-Europeans... that is not 'communism', but if anybody protest against 308 Official Records of the General Assembly, Annexes, addendum to agenda item 30, documents A/5497 and Add.l. Paragraphs 1-40 41-236 41-51 52-95 96-104 105-110 111-118 119-129 130-138 139-153 154-163 164-183 184-202 203-236 237-300 240-242 243-247 248-274 275-283 284-300 301-354 355-408 364-401 402-408 Annex No. 12 that law in a manner which causes disorder, that is 'communism'."309 The definition of a "Communist" includes a person who is deemed by the State President to be a Communist on the ground that he had, at any time, before or after the commencement of this Act, advocated, advised, defended or encouraged the achievement of any of the objects of communism or any act or omission which is calculated to further the achievement of any such object. Mr. Gardiner commented: "So if you were a communist forty years ago, you are a communist today. And, whether you are a communist or not, you are a communist if the Governor-Genera31o says that you are.'311 (b) The Unlawful Organizations Act, No. 34, 1960, under which several organizations, including the two leading African political organizations, the African National Congress and the Pan-Africanist Congress, were banned, provides severe penalties for belonging to banned organizations or furthering their objects. (c) The General Law Amendment Act, No. 76, 1962, created a new crime of "sabotage", punishable by a minimum sentence of five years' imprisonment and a maximum of death. The definition of sabotage is so wide that it includes any wrongful and wilful act whereby the accused damages or tampers with any property or any person or the State. The burden of the proof is shifted to the accused: he is guilty of sabotage unless he can prove that his offence was not committed to further or encourage the object specified in vague terms in the Act. The International Commission of Jurists commented that the sinister provisions of this Act brought to mind similar provisions introduced under the totalitarian r~gime of Nazi Germany.312 Action by United Nations organs 4. Considering that such repressive measures are not only contrary to the fundamental principles of human rights and justice, but deny all avenues of peaceful change and increase the danger of a violent conflict in the country, the General Assembly and the Security Council have called on the South African Government to end repression against the opponents of the policies of apartheid and to seek a peaceful solution in consultation with the representatives of all the people of South Africa and with the assistance of the United Nations. 5. By resolution 1761 (XVII) of 6 November 1962. the General Assembly strongly deprecated the aggravation of racial issues by the South African Government by enforcing measures of increasing ruthlessness involving violence and bloodshed. 6. By its resolution of 7 August 1963,313 the Security Council called upon the South African Government to liberate all persons imprisoned, interned or subjected to other restrictions for having opposed the policies of apartheid. 7. By resolution 1881 (XVIII) of 11 October 1963, adopted on the eve of the trials of a large number of NOQuoted by the International Commission of Jurists in South Africa and the Rule of Law (Geneva, 1960), pp. 50-51. 10 Now "State President". '1' International Commission of Jurists, South Africa and the Rule of Laow (Geneva, 1960), p. 51. 312 International Commission of Jurists, press statement on the South African Sabotage Bill, 21 June 1962. 313 Official Records of the Security Council, Eightcenth year, Supplement for July, August and September 1963, document S/5386. political leaders under arbitrary laws prescribing the death sentence, the General Assembly condemned the South African Government for its failure to comply with the repeated resolutions of the General Assembly and the Security Council calling for an end to the repression of persons opposing apartheid, and requested it to abandon the arbitrary trials then in progress and forthwith to grant unconditional release to all political prisoners and to all persons imprisoned, interned or subjected to other restrictions for having opposed the policies of apartheid. 8. By its resolution of 4 December 1963,'34 the Security Council urgently requested the South African Government to cease forthwith its continued imposition of discriminatory and repressive measures which were contrary to the principles and purposes of the Charter and in violation of its obligations as a Member of the United Nations and of the provisions of the Universal Declaration of Human Rights; condemned the noncompliance by the South African Government with the appeals contained in General Assembly and Security Council resolutions; and again called upon the South African Government to liberate all persons imprisoned, interned or subjected to other restrictions for having opposed the policy of apartheid. 9. On 27 March 1964, in view of the passing of death sentences on certain leaders of the African National Congress and the continued trials
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