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14 November 1986

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14 November 1986 Bringing .. Interinl* * * *governDlent * * * * seeks* * *to *'invalidate' * '* * * Bill'* * of * Rights *"* a-· • , .. s. Sapa and own reporters THE , INTERIM GOVERNMENT Cabinet is fighting all the way to the Appeal Court in Bloendontein to proye the inyalidity of its own Bill of FundalDental Rights. , . In essence this is the upshot of two Supreme Court applications in the Windhoek Supreme Court yesterday against the interim government, who gave notice 'of appeal against the decisions. Interim government Minister of Justice and Information, Mr­ Fanuel Kozonguizi, said on inquiry that he would have thought the procedure would have been to appeal to a Full Bench of the SWA Supreme Court rather thari to the Bloemfontein Appelate Division, and that he 'did npt know why' this decision had been made. Meanwhile the strenuous contest of Rights in his Proclamation RI0l the actions by the interim government which instituted the 'interim has confirmed suspicions that the Bill government. of Rights was intended as a mere What the parties apparently failed political embellishment instead of to foresee was that the courts would valid)egislation. take the Bill of Rights seriously and At the insistence ,of the political nullify laws that clashed with it. groups thll't constitute the interim .. This week Mr Acting Justice government, the South African State. Herbert Hendler ruled in an applica- Presiaent, Mr PW Botha, on June 17' last year incorporated the Bill of Continued on page 3 Farm purehase for airport projeet GOALMOUTH ACTION during the Metropolitan LHe ChalDpionshipslast week. More pietures and stories inside today. THE AUTHORITIES appear to be going ahead with a projeet announeed earlier this year by interiJD go-vernlDent Transport Minister, Mr Dawid Bezuidenhout, to spend an estiJDated Uo-Illillion Pronam .contract .denied oli extensions and bulldings at the J G StrJjdom Airport. REPORTS that a Windhoek English daily this week, he said tha,t was 'in the hands of the Cabinet'. It was confirmed this week by the Department of Civic Affairs public relations and advertis­ he had 'no idea' where they got the 'It is for them to decide whether or and Manpower, that they had purchased 36 hectares of the farm ing company, Pronam, had story from. He suggested that The not to go ahead, and they haven't yet Ondekaremba of Mr Argo Rust at J G Strijdom, for extensions to been given a R450000 contract Namibian contact the newspaper's come to any decision: he said. the runway. editor, as he knew nothing about it. 'This is also not a contract with Pro­ Mr Argo Rust confirmed that sale at R150 per hectare to the to promote the interim govern­ The story ' said that 'massive nam. We have our hands on the table ment have been, vehemently Department of Civic Affairs. billboards', depicting interim govern­ ... we have nothing to hide: , Earlier this year Mr Bezuidenhout spoke of an estimated denied by the Director of ment Cabinet members, were to be According to a spokesman for the R4().million for extensions to the runway, a new technical building Governmental Affairs, Mr Sak­ erected along Namibia's roads as a part Department of Information, who and extensions to the control tower at J G Strijdom. kie van der Merwe. of this 'contract'. preferred to remain anonymous, the It was stated at the time that there was no money to go ahead The firm has become the centre of Mr van der Merwe also denied this whole story of a contract wjth Pronam with the project.' • ' • controversy since.the appointment of report. was 'absolute nonsense'. ' Spokesmen from the Department of Transport refused to confirm Mr Paul van Schalkwyk, former in­ Asfar as the tendering for a contract 'In any case, Pronam does not do' whether the purchase of the farm and envisaged extensions to J terim government ChiefInformation ofthis nature was concerned, he said printing work of this nature: he said. G Strijdom were in any way related to an attempt to circumvent Officer and son-in-law of Mr Dirk that it was normal procedure to put it As far as billboards depicting sanctions imposed against South Africa by the United States, par­ Mudge, to the post of director on the out on tender or alternately get three Cabinet members are concerned, he ticularly those which concern air travel. A sanctions bill recently first of this month. quotes as prescribed by the Tender said this was 'nonsense', and a 'false passed by the US Congress, prohibits South African Airways (SAA) According to Mr van der Merwe, no Board. statement'. from operating in that country and already flights from Jan Smuts contracts of this nature exist. Commenting on an advertising cam­ He also requested that The Nami- ' Airport to New York's John F Kennedy, have come to a halt. SAA's Reacting to a story in a Windhoek paign concerning T-shirts, he said this biari put the issue into perspective. new advertising slogan is: 'Moenie worrie nie. SAA still flies high'. Hartlief announces: , C••• PI". I., E".", _N,S~,.",tll 0''' J' ~ oi' . :Cla"IMP!lla. """-_______ Meat and Polony prod,ucts available at your local stockist _______.-.... "--....... --------------~-....... =~~---------..............- ..... -----------~-- --~~~--- ------ 2 Friday November 14 1986 THE NAMIBIAN Seetion ~f Aliens Aet set aside by eourts SECTION 9 of The Residence of BY CHRIS SHIPANGA The Judge said the Act constituted an Certain Person's in South West unacceptable basis of discrimination and that he could find no justification for such Africa Regulation Act 33 of 1985, damental Rights was a part ofthe law an Act. which restricts the residence and of the land and that it was the duty of 'I am mindfull of the fact that it is entry into Namibia of any person the courts to give effect to it. necessary to control and restrict the entry into the territory of non· residents who may except born Namibians, members He said it was more so where the applicant engender a feeling of hostility between of the SADF and Government . was one ofthe 'people of Namibia: who were members of different population groups or granted fundamental rights by the bill, and endanger public order, and for that purpose, employees, was this week declared where these rights were infringed upon they invalid by the Windhoek Supreme I attempted to apply a blue pencil test and had a right to approach the court to protect tried to separate the good from the bad and Court. their rights. only strike down the part of Section 9 which The court ruled that this provision The Judge said further it would be gross· is in conflicts with the.Bill of Rights. ly unjust ifthe applicant would have to wait of the Act was discriminatory and until one of his fundamental rights was ac· . 'However because of the wording and the therefore infringed upon the rights of tually infringed upon before he had the nature ofthe discrimination in the Section individuals as set out in the interim right to launch the application, because the I cannot separate the good from the bad, and government's Bill of Fundamental very nature of the Act may prevent him from therefore declare the Section unconstitu­ seeking the protection ofthe court. tional, invalid and unenforcable for want of Rights. Judge Hendler stressed further that: 'Sec· compliance with the Bill of Rights: Mr Accordingto the invalidated section, tion 9 of the Act discriminates between per­ Justice Hendler concluded. the Cabinet ofthe interim government sons born in the territory, persons render· The ruling followed an application ing service in the territory in terms of the brought by an Executive Committee was authorised to prohibit the entry in­ member ofthe Interessengemeinschaft, Mr to or to deport any .person from Defence Act, persons employed in the government services on the one hand, and Ulrich Eins in which he sought for an order Namibia, 'if it has reason to believe,' persons who do not fall into these three to set aside Section 9 of the Act. that such person endangered. or was classes· other persons· on the other hand. Mr Eins was born in Germany and has liv. ed in Namibia since 1973. likely to endanger the security <if the 'Applicant, who is a South African citizen The respondents were the SWA National territory or its inhabitants or the legally resident in the territory, therefore Assembly, the Cabinet of the interim maintenance of public order. falls into the latter category, and so suffers government, and the Administrator the disability of being a potential targetfor General. The provision was also applicable to executive action under the provision. The court also ruled that the second such persons that engendered or was respondent pay for the costs of the 'But if any other person outside the application. likely to engender.a feeling ofhostili­ stipulated category, who clearly en· ty between members of the different Mr Jeremy Gauntlett, instructed by Mr dangered the security ofthe territory or its Dave Smuts of Lorentz and Bone, acted on population groups ofthe territory. inhabitants or the maintenance of pulic order, or who obviously engendered a feel· behalf ofthe applicant, while Mr Piet Van Handing down judgement on ingofhostility between members of the dif· Der Byl SC, appeared for the respondents. Wednesday, Mr Justice Herbert ferent population groups of the territory Mr Van Der Byl gave notice of appeal. Mr Ulli Eins. Hendler stressed that the Bill of Fun- could not be affected by the Act. BLOOM COUNTY Berke Breathed Ban on UDF man .s1y, (Jf(/$ PAW.. 5116'11 51lY IT PIP t.aA 1m YOII WI/5 7lJO fJf& ! PO lot! WHfIr Slit (Jsep MINe / IMII&IN5 ./ tv6f( (AgT 10 5IlY8tJ(Jf/T f ffll5 67W< was invalid, says /ofY NOSE' 1 IN lHIIT \ 5nlP/[7 CHIN? .
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