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Deaths in Detention in South Africa

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Deaths in Detention in South Africa Deaths in Detention in South Africa http://www.aluka.org/action/showMetadata?doi=10.5555/AL.SFF.DOCUMENT.nuun1977_47 Use of the Aluka digital library is subject to Aluka’s Terms and Conditions, available at http://www.aluka.org/page/about/termsConditions.jsp. By using Aluka, you agree that you have read and will abide by the Terms and Conditions. Among other things, the Terms and Conditions provide that the content in the Aluka digital library is only for personal, non-commercial use by authorized users of Aluka in connection with research, scholarship, and education. The content in the Aluka digital library is subject to copyright, with the exception of certain governmental works and very old materials that may be in the public domain under applicable law. Permission must be sought from Aluka and/or the applicable copyright holder in connection with any duplication or distribution of these materials where required by applicable law. Aluka is a not-for-profit initiative dedicated to creating and preserving a digital archive of materials about and from the developing world. For more information about Aluka, please see http://www.aluka.org Deaths in Detention in South Africa Alternative title Notes and Documents - United Nations Centre Against ApartheidNo. 29/77 Author/Creator United Nations Centre against Apartheid; Lawyers' Committee for Civil Rights Under Law Publisher United Nations, New York Date 1977-12-00 Resource type Reports Language English Subject Coverage (spatial) United States, South Africa Coverage (temporal) 1963 - 1977 Source Northwestern University Libraries Description This report, prepared by the Southern Africa Project of the Lawyers' Committee for Civil Rights under Law, focusses on the plight of political detainees in South Africa, the circumstances surrounding the deaths of 41 political detainees from September 1963 to September 1977 and the need to establish some form of international judicial inquiry into such deaths. Format extent 34 page(s) (length/size) http://www.aluka.org/action/showMetadata?doi=10.5555/AL.SFF.DOCUMENT.nuun1977_47 http://www.aluka.org NOTES AND DOCUMENTS* NOTES AND DOCUMENTS* December 1977 DEATHS IN DETENTION IN SOUTH AFRICA * by The Lawyers' Committee for Civil Rights under Law Washington, D.C. ** This report, prepared by the Southern Africa Project of the Lawyers' Committee for Civil Rights under Law, focusses on the plight of political detainees in South Africa, the circumstances surrounding the deaths of 41. political detainees from September 1965 to September 1977 and the need to establish some form of international judicial inquiry into such deaths. * All material in these notes and documents may be freely reprinted. Acknowledgement, together with a copy of the publication containing the reprint, would be appreciated. 77-28557 C 0 N T E N T S Page Introduction . ....................... i Details of individual deaths in chronological order ..... 2 Some characteristics of the de Ihs ............. 21 Summary of the relevent security legislation ........ 22 1. Terrorism Act No. 83 of 1967 ... ........... .......22 2. Criminal Procedure Amendment Act No. 96 of 1965 . 23 3. General Law Amendment Act No. 37 of 1963 ...... 23 4. Transkei Proclamations R400 and R413 of 1960 . .. 24 5. General Law Amendment Act No. 62 of 1966 ....... .24 6. Riotous Assemblies Act of 1914 as amended ....... 24 Relevant statements by the Minister of Police ........ .25 1. Press Conference of 23 February 1977 ........ 25 2. Commission of inquiry ................... .. 29 3.ReplytoquestioninParliamenton22February1977.. 31 (a) Deaths in 1976 under the Terrorism Act ..... 31 (b) Deaths in 1976 under Section 22 of the General Laws Amendment Act No. 62 of 1966 . .......... 31 Other statements .. 0 . ............ .. 32 Introduction This report concerns itself with the deaths of 41 political detainees who died in South Africa from September 1963 to September 1977. The Lawyers' Committee for Civil Rights Under Law is particularly alarmed at all deaths in detention but we are extremely concerned over the quantum leap in the number of dead since January 1976 and the unusual circumstances under which many have died. Due to the fact that a political detainee is held generally for his opposition to the Government in power, the utmost scrutiny must be paid to his death while in the hands of the Government. In South Africa, where several of the laws provide for indefinite incommunicado detention or indefinite preventive detention, the Government claims that the cause of such deaths is "departmentally satisfactory whatever the inquest shows;" this does little to alleviate the fear that many of the deaths are caused by police brutality. In compiling this report, reliance on secondary-source material was inevitable. Sources were cross-checked wh tev2r possible Much of the data that is missing in this report results in part from the refusal of the South African Government to release pertinent facts surrounding the death of a detainee. The Terrorism Act, for instance, specifically states that no person shall be entitled to information concerning a detainee except the Minister of Justice or an officer of the State acting in his official capacity. For all of its deficiencies, it is nonetheless felt that this report will be useful in assessing the plight of political detainees in South African jails and the circumstances surrounding the deaths of the 41 who have died thus far and in drawing attention to the necessity of establishing some form of international judicial inquiry into such deaths. -2- Details of individual deaths in chronological order 1. Detainee: MAMPE, Bellington Age: Date of Death: September 1963 Official Cause of Death: Act detained under: Length of Detention: 140 days Where detained: Notes: 2. Detainee: NGUDLE, Looksmart Solwandle Age: Date of Death: 5 September 1963 Official Cause of Death: Suicide by hanging Act detained under: 90 - Day clause; General Law Amendment Act, No. 37 of 1963 Section 17 Length of Detention: Where detained: Pretoria Notes: Police stated that Mr. Ngudle hung himself with the cord of his pajama trousers. He was buried without any member of his family being present and when lawyers sought an urgent inquest it was continually postponed. Lawyers wishing to produce evidence in court that Mr. Ngudle died as a result of torture were prevented from doing so. On 25 October 1963, Mr. Ngudle was banned posthumously thus making it il'gal to publish any statement made by him during his life. Witnesses willing to testify concerning Mr. Ngudle's torture were also banned. Counsel representing Mr. Ngudle withdrew from the case in protest. New counsel sought to call witnesses that would testify that they had received electrical shock and that Mr. Ngudle had suffered the same treatment as well. The Magistrate ruled that such evidence was irrelevant and refused to permit the witnesses to appear. Second counsel withdrew from the case. A Pretoria Magistrate gave evidence that he had visited Mr. Ngudle who complained of being assaulted and of having couhed up blood. The Magistrate had reported the complaint to the police. The following morning the Magistrate heard of Mr. NgudleTs death. The finding of the court was that Mr. Ngudle had hanged himself and that death was not the result of any act or omission amounting to an offense on the part of any person. 3. Detainee: Date of Death: Official Cause of Death: Act detained under: Length of Detention: 4here detained: TYITA, James Age: 27 January 1964 Suicide by hanging 90-day clause, General Law Amendment Act, No. 37 of 1963, Section 17 Port Elizabeth. Notes: 4. Detainee: Date of Death: Official Cause of Death: Act detained under: Length of Detention: Where detained: SALOOJEE, Suliman Age: 9 September 1964 Fell seven floors during interrogation 90-day clause: General Law Amendment Act, No. 37 of 1963, Section 17 Johannesburg. Notes: Multiple injuries; Magistrate ruled no irregularities in Mr. Saloojee's death. 5, Detainee: Date of Death: Official cause of death: Act detained under: Length of detention: Where detained: HOYE, Pongoloshe Age: 9 May 1965 Natural causes Transkei Proc. R. 400 of 1960 24 hours Transkei. Notes: 6. Detainee: Date of Death: Official cause of death: Act detained under: Length of Detention: Where detained: GAGA, Negeni Age: 5 July 1965 Natural causes Transkei Proc. R.400 of 1960 24 hours Transkei. VTotes: -4- 7. Detainee: Date of Death: Official cause of death: Act detained under: Length of detention: Where detained: HAMAKWAYO, James Age: 1966 Suicide by hanging 180-day clause, Criminal Procedure Amendment Act, No. 96 of 1965 Detained 26 August 1966 Pretoria. Notes: 8. Detainee: Date of Death: Official cause of death: Act detained under: Length of detention: Vhere detained: SHONYEKA, Hangula Age: 9 October 1966 Suicide 180-day clause, Criminal Procedure Amendment Act No. 96 of 1965 Pretoria. I!otes: In 1967, the Minister of Justice stated that a detainee had died but did not state the name of the individual. In 1970, the Minister of Police gave Mr. Shonyeka's name as that of the detainee who died in 1966. 9. Detp,4nee: Date of Death: Official cause of death: Act detained under: Length of Detention: Where detained: PIN, Leong Y. Age: 19 November 1966 Suicide by hanging 180-day clause, Criminal Procedure Amendment Act, No. 96 of 1965 24 hours Leeuwkop Prison, Pretoria. Notes: 1O.Detainee: Date of Death: Official cause of death: Act detained under: Length of Detention: Where detained: YAN, Ah Age: 5 January 1967 Suicide by hanging 180-day clause, Criminal Procedure Amendment Act, No. 96 of 1965 37 days Silverton Police Station, Pretoria. Notes: -5- 11. Detainee: Date of Death: Official cause of death: Act detained under: Length of detention: Where detained: MADIBA, Alpheus 9 September 1967 Age: - Notes: 12. Detainee: Date of Death: Official cause of death: Act detained under: Length of detention: Where detained: TUBAKWE, J.B. Age: 11 September 1968 Suicide by hanging Terrorism Act No.
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