Repressive Measures Against Opponents of Apartheid in South Africa - I

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Alternative title Notes and Documents - United Nations Centre Against ApartheidNo. 11/69 Author/Creator United Nations Centre against Apartheid Publisher Department of Political and Security Council Affairs Date 1969-07-00 Resource type Reports Language English Subject Coverage (spatial) South Africa Coverage (temporal) 1969 Source Northwestern University Libraries Description On 26 June 1969, the Rapporteur of the Special Committee on Apartheid made a statement drawing the attention of the Committee to a number of developments. At the next meeting on 7 July, the Committee requested the Unit on Apartheid to publicise the statement of the Rapporteur, as well as all other available information on these developments, including memoranda received by the Special Committee and by the Ad Hoc Working Group of Experts established under resolution 2 (XXIII) of the Commission on Human Rights, from various organizations. This issue of "Notes and Documents" contains the text of the statement by the Rapporteur of the Special Committee and notes on some of the developments. Notes on the other related developments will be reproduced in a subsequent issue. Format extent 18 page(s) (length/size)

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UNIT ON APARTHEID DEPARTMENT OF POLITICAL AND SECURITY COUNCIL AFFAIRS No. 11/69 July 1969 NOTES AND DOCUMENTS* REPRESSIVE MEASURES AGAINST OPPONENTS OF APARTHEID IN SOUTH AFRICA - I Statement by Mr. Olajide Alo (Nigeria), Rapporteur of the Special Committee on the Policies of Apartheid of the Government of the Republic of South Africa on 26June1969 1 About forty persons detained under Terrorism Act 4 Death of Mr. Caleb Mayekiso in detention T Recent deaths of prisoners in police custody: Memoranda received by United Nations organs (a) Mr. George Houzcr, Executive Director, Awerican Comaittee on Africa 9 (b) The Rev. Canon L. John Collins, Chairman, World Campaign for the Release of South African Political Prisoners 11 SeizureofpassportofMr.JoelCarlson 14 Trial of twenty-four Africans at Grahamstown: Thirteen convicted of membership in Pogo 15 Restrictions on Mr. Robert Mangaliso Sobukwe 17 (Note: United Nations organs have expressed grave concern over recent reports concerning repression against opponents of apartheid in South Africa, and treatment of persons detained by the Security Police. On 26 June 1969, the Rapporteur of the Special Committee on Apartheid made a statement drawing the attention of the Committee to a number of developments. At the next meeting on 7 July, the Committee requested the Unit on -artheid to publiciZe the statement of the Rapporteur, as well as all other available information on these developments, including memoranda received by the Special Committee and by the Ad Hoc Working Group of Experts established under resolution 2 (XXIII) of the Commission on Human Rights, from various organizations. This issue of "Notes and Documents" contains the text of the statement by the Rapporteur of the Special Committee and notes on some of the developments. Notes on the other related developments will be reproduced in a subsequent issue). *AII material in these notes and documents may be freely reprinted. Acknowledgement, together with a copy of the publication containing the reprint, would be appreciated. STATFaNT BY MR. OLAJIDE ALO (KIERIA), RAPPORTEUR OF THE SPECIAL COMMITTEE GN THF, POLICIES OF APARTIEID OF THE GOVERIMENT OF TE RRP'WBLIC OF SOUTh AFRICA ON P6 JUNE 19,9 On this South Africa Freedom Day, when we solemnly remember all the victims of the inhuman policy of ap&arheld, we cannot but again point out that the Government of the Republic of South Africa has constantly refused to heed appeals by the Securl .y Council and requests by the General Assembly calling for the release of all political prisoners and an end to the persecution of opponents of apartheid, A number of recent developments attest to the fact that the South African Government is increasingly using its ruthless repressive measures to harass and intimidate the opponents of apetheid. First I would like to refer to the case of Mr. James Lenkoe, who during his detention under the Terroztism Act, was reported to have hanged himself in his cell. A post-mortem has seriously aroused the suspicion that he might most probably have been tort,rcd and elcztrocuted. The Eenkoe inquest is still under- way in Pretoria. Incidentally the solicitor handling the case on behalf of Mrs. Julia Lenkoe, Mr. Joal Calson, Z/ has been notified that his passport had been withdrawn. Commenting on the Government's action, Mr. Carlson said: "... since no reason has been given for the removal of my passport, I can only conclude that I an being victimized for appearing for clients charged with political offences." 2/ At the present moment, the Snuth African Government is in the process of pushing through legislation establishing a Bureau of State Security, which is designed. to ensure that events of the nature of the Lenkoe inquiry will never again be open to public scrutiny. Under the draconian provisions of the bill, which is embodied in the General Law Amendment Act still being debated in the House of Assembly, the Government will be empowered to exclude from the public domain, and specifically from cnurt proceedings, any matter dealing with State Security. The term "State Security" is given nn definition whatsoever; the law, if Passed, will put the Bureau of State Security beyond the law altogether. The detention clause of the Criminal Procedure Amendment Act (the so-called 180-day Law) and the Terrorism Act have been invoked against many persons for their opposition to apartheid. I/ Mr. Carlson acts as the official observer of the International Commission of Jurists at trials in South frica. The Commission has called the Minister of Justice, Mr. Pelser, from its Geneva headquarters, asking his intervention to secure the return of the passport. (Cape Times, 19 June 1969). 2/ Cape Times, 19 June 1969.

-2- The Minister of Police, Mr. Muller revealed in the Assembly / that 36 people from the Transvaal have been detained, 35 of them under the relevant section of the Terrorism Act which provides for unlimited detention, and one under the section permitting periods of 14-day detention, renewable under application to a Judge. He refused, however, to disclose the names of those who were being held or their place of detention. He said it would be in the interest of neither the public nor the people held to give this information. / On 12 May 1969, the security police made dawn arrests in Johannesburg and East London. At least 14 persons were arrested on that occasion, all of them nonWhites. They are: Mrs. Winnie Mandela, wife of the Robben Island prisoner who herself has continued to be subjected to many restrictive measures including banning orders; Miss Joyce Sikakane, a reporter on the Rd Daily Mail; Mr. Paulus Matshaba, and Mr. David Motau, both of whom are employed by South African Associated Newsprpers; Mr. Owen Vanqa, a reporter on the East London Daily DesPst-h; Mr. Cingo; Mr. Skosana; Mr. Mohp!e; Mr. Albert Mashamba; Miss Virginia Mngoma; Miss Joyce Motaung; Mr. Nvera; Mr. Elliot Tshabangu, who is subject to banning orders until 31 March 1971; and Miss Martha Dhlamini. 5/ In Cape Town on 13 May 1969, the Commissioner of Police, General J.P. Gous, stated that the Security Branch was again investigating the activities of persons suspected of some connexion with activities of the African National Congress. He stated: "At this sta~e we do not intend to release details. It might hamper the investigations to release the names or the number of people arrested in the swoop." General P.J. Venter, Chief of the Security Police in Pretoria, confirmed 'hat "a number" of non-Wh.-tes had been detained and added that tieir detention was in connexion with an investigation into alleged A.N.C. activities. He said that a comprehensive case was being investigated and that it would take some time for the matter to come before the Attorney-General. He could not say under what provision, if any, the Africans were being detained, but stated that the Security Branch was again investigating the activities of persons suspected of some connexion with A.N.C. activIties. Newspaper reports are also available on the trial in Grahamstown Supreme Court on 23 June, of twenty-four persons accused of being member of a terrorist organization that allegedly plotted to blow up vital installations, kill Whites and seize control of the town of Graaff-Reinet. Th %2ope Tmes reported in its issue of June 9, the death of Mr. C.1eb Mayekiro i.- :,le in detention, He had been arrested in New Brighton on 1) May. Accordk;.g to a statement from Pretoria by General Venter, Xr. Mayekiso aied "of 3./Te ,weekly Joh osburg,7June1969. 5/ Rand Daily Mai, JohanZ 3sburg, 15 May 1969,

- 3- natural causes" while in custody. Mr. Marek" Co had been an outstanding trade Unionist and leader of the African Nat.; cial Ci :res- He had bee-n in the fore- front of the political and industrial struggle in ttie ia 1.e.'n Cape province during the 1950's and 1960's. He had attendd the onfereice In 3955, at which the Freedom Charter had been approved. Latei-, as a political p.,Isoner, he was subjected to brutal treatment in jail and his health was greatly unde=mined. Another non-White person, Mr. Imam Abdullah Haron, a prominent Moslem leader and editor of the M2 TJe!s in Cape Town, was detained unier the Tezrorism Act on 28 MaY 1969. In his caPcr.tty as editor of the Mcslem News, Mr. Haron was summoned to the Caledon Sqizre Police Station on tha eve of a major Islamic celebration, end his detention prevented him from presiding over the ceremonies. A spokesman for the Security Poice confirmed on 29 May that Mr. Haron had been arrested but declined to mp-e any further comment. 6/ On 10 June, the Minister of Police, Mr. Mullczr, in at 'zwer to a ,.-restion raised in Parl a'nent, confirmed that Mr. Huron was being dr-;o tnod under the Terrorism Act; he ratwed that no charge had yet been preferrud C, c.Gt ry individual in connexion vita hJ-s detention and that the decis.on to inx. ":,A :iminal proceedings against aXny(,, was dependent on the available --ideie at E-n(i1 of the investigatlcn. He went on to say that Mr. Haron's f-iy was not pezittted to visit him nor had he been visited daily by a magistrate. L/ I would finally like to refer to the case of Mr. Philip Golding, a 24-year-old economist for the Transvaal Chamber of Mines, who has been detained since 17 May under the Terrorism Act. Mr. Golding is a British citizen who immigrated to South Africa in 1967. General Venter scad at that time that investigations were in the early stages and that Mr. Golaing would not appear in court for some time. 9/ First attempts by members of the British consular corps to gain access to Mr. Golding were turned down but, finally on 11 June, two British consular officers visited Mr. Golding and later a statement was issued from the British Embassy in Cape Town. According to that statement, Mr. Golding had been visited by a magistrate in accordance with the terms of the Terrorism Act. A spoekesman for the British Foreign and Commonwealth Office stated on 13 June that the British Government does not propose to take the Philip Golding affair any further at the present after the visit by the consular officers. 2/ There is no doubt that most of the people involved in these cases, if not all of them, have been victimized because of their opposition to gpartheid, because they have stood up for the principles of the Freedom Charter. On this South Africa Freedom Day, our duty is clear: it is to rededicate ourselves to the cause of all the victims of oppression and to pledge ourselves to do all we can to secure the release of all political prisoners and all persons imprisoned, detained or restricted for having opposed the policies of aWIh~eid. / Times, 30 May 1969. /bd 11 June 1969. Ib ueid. 2/ Ibd. 14 June 1969.

- 4 - ABOUT FORTY PERSONS DETAINED UNDER TRRORISM ACT Press reports indicate that about forty persons have been detained in South Africa since 12 May 1969 under the Terrorism Act, and that they are held in connexion with an investigation of the underground activities of the African National Congress. General P.J. Gous, Commissioner of Police, confirmed on 16 June 1969, that thirty to forty persons had been detained. He added: "They have been detained and we are investigating certain allegations in each case. "lliether any or all of these people will ultimately stand trial Is a matter for the Attorney-General after he had scrutinized the evidence which will eventually be laid before him by the police." (Cape Times, 17 June 1969>. Meanwhile, the detainees are kept incommunicado. The Terrorism Act - No. 83 of 1967 - provides that persons detained In terms of the Act may not be released by order of any court and that no court of law shall pronounce on the validity of the detention. It &. so provides that "no person, other than tha Minister (of Police) or an officer in the service of the State acti-rng in th -performance of his official duties, shall have access to any detainees, or shall be entitled to any official information relating to or obtained from any detainee*" The Covernment has not disclosed the exact number or names of the detainees. Press reports have indicated that the following are among the detainees: Yr. CINGO Of Meadowlands, Johannesburg. Detained on 12 May. MLss lartha DHL ANNI. Of Alexandra Township, Johannezburg. Had been served with banning orders in 1964, prohibiting her from attending gatherings until 30 September 1969. Detained on 12 May. Mr. Philip GOLDING. Twenty-four-year old. Immigrant from the United Kingdom. Statistician, employed since 1967 as a labour economist by the Transvaal Chamber of Mines. Detained on 16 May. After representations by the U.K. GCrernment, British consular officers were allowed to visit the prisoner on 11 June. Imam Hadja Abdullah HARON. A prominent Moslem leader and editor of Moslem News, Cape Town. He was detained on 28 May, the anniversary of the birthday of Prophet Mohamed and was unable to attend the ceremony in his mosque. The Imam, in his early forties, is married and has three children. He drew no salary from his post at the mosque or as editor of Moslem News: he had worked as a sales representative for a chocolate firm. Leaders of the Moslem community were reported to have felt bitter at the arrest of the Imam, especially on the anniversary of the Prophet's birthday. Questions were asked in the House of Assembly concerning the detention. (House of Assembly Debates, 10 June 1969, col. 7622, and 13 June 1969, cols. 7949-50).

-5- Mr. Peter MAGUBANE. One of the bect known African photographers, employed by the Rand Dly Mail, Johannesburg. Detained on 15 June. Mrs. Winnie MANDELA. Wife of Mr. Nelson Mandela, leader of the African National Congress and accused No. 1 in the "Rivonia Trial". Detained on 12 May. Security Police called on her at 2 a.m. and searched the home thoroughly. They removed typewriters, correspondence, papers and books. Mrs. Mandela had repeatedly been detained and banned for political activities. She was served with stringent five-year banning orders in 1965 and 1966, confining her to the township of Orlando, prohibiting her from attending gatherings or entering schools, publishing houses or courts, and forbidding her from any activity connected with publications. Because of the restrictions, she lost her job as a social worker. Mrs, Charlotte MASINGA. A clerk with a Johannesburg firm. Detained on 20 May. Mr. Pa.'lus AR. Postal clerk at the South African Associated Newspapers, Johannesburg. Detained on 12 May. Mr. Albert MASHAMBA. Of Orlando West, Johannesburg. Detained on 12 May. Mr. Caleb MAYEKISO. Formerly a leader of the African National Congress and the South African Congress of Trade Unions in Port Elizabeth. Detained on 13 May and died in custody on 1 June. Miss Virginia MNGOMA. Of Alexandra Township, Johannesburg. Detained on 12 May. Mr. MOHALE. Of Meadowlands, Johannesburg. Detained on 12 May. Mr. David MOTAU. Truck driver, employed by the South African Associated Newspapers, Johannesburg. Uncle of Mr. Paulus Matshaba. Detained on 12 May. Miss Joyce MOTAUNG. Of Alexandra Township, Johannesburg. Detained on 12 May. Miss Shanti NAIDOO. 34. Of Johannesburg. Formerly employed by the South African Congress of Trade Unions. Placed under banning orders since 1964. Sister of Mr. Indres Naidoo, now in prison serving a ten-year sentence under the "Sabotage Act". Detained on 15 June. Mr. NVENYA. Of Alexandra Township, Johannesburg. Detained on 12 May. Mr. John SCHLAPBERSKY. 21. A British subject and second-year student at the University of Witvatersrand. Nephew of the former Mayor of Johannesburg, Mr. Israel Schlapoberaky. Arrested by the Security Police at the University on 13 June and detained. On 17 June, about one thousand students attended a meeting to protest the detention and organized a picket line.

-6 Miss Joyce SIKAKAE. Reporter of Rand Daily Mail, Johannesburg. Detained on 12 May. Police searched her home for one and a half hours and removed a typewriter and several magazines of the National Union of South African Students. Her private diary was also taken and she was questioned about people mentioned in it. Mr. SKOSANA Of Meadowlands, Johannesburg. Detained on 12 May. Mr. Elliott_ TSHANGU. Of Dube, Johannesburg. A banned person. Detained on 12 May. Mr. Oven VA.NA. 27. Reporter in Transkei of Dail Dapat h, East London, for four years. He had spent several months in Cardiff, Wales, in 1968 on a scholarship to study Journalism. Detained on 12 May.

-7- DEATH OF MR. CALEB MAYEKISO IN DETENTION Mr. Masango Caleb Mayekiso, 56, a prominent trade union leader and a leader of the African National Congress, died in prison on 1 June 1969. He had been detained under the Terrorism Act on 13 May 1969 and held incommunicdo. The Minister of Police stated that, according to the District Surgeon's certificate, the death was due to "natural causes". (House of Assembly Debates, 13 June 1969, col. 7945). In a memorandum dated 20 June 1969 - sent to the Special Committee on the Policies of Apartheid of the Government of the Republic of South Africa and the Ad Hoc Working Group of Experts established under resolution 2 (XXIII) of the Commission on Human Rights - the African National Congress of South Africa stated: "The African National Congress of South Africa regrets to announce the death of MASP.NGO CATEB MAYEKISO while in solitary confinement under South Africa's obnoxious 180-day detention law. 'Mecayrliso who had been released from prison after serving four years imprisonment for belonging to an "illegal organisation" - the A.N.C. - was re-arrested on 13th May, 1969 and detained under the 180-day Law. "On June 1, Special Branch detectives visited his wife in New Brighton and told her, her husband had died. "According to press reports she said that she thought at the time that the Special Branch had come to inform her that she could visit him. Under the 180-day Law no relatives or legal representative is allowed to visit a detainee. "In her statement to the press, Mrs. Mayekiso emphasised that her husband looked well and healthy when the Special Branch took him away three weeks earlier. "The police had offered to pay Mayekiso's funeral expenses but this offer was rejected by Mrs. Mayekiso. "Caleb Mayekiso was Chairman of the New Brighton (Port Elizabeth) Branch of the A.N.C. which is one of the most powerful branches of the Congress. He succeeded Raymond Mhlaba, now serving a life sentence on Robben Island after Raymond was banned from participating in the activities of the A.N.C. "Caleb was slightly built, bespectacled, aged 56. Where one would expect a towering personality to lead so militant and powerful an area we found Caleb Mayekiso a gentle, soft-spoken figure with a monotonous delivery of speech. No one looking at him would have suspected that he had held an unassailable position as leader of the people in Port Elizabeth.

-8- "The answer lay in Caleb's consistency and integrity as a workingclass and national liberatory leader. Always principled, never personal and concerned only with the good of the organisation, Caleb came originally from the Transkei and worked for many years at a textile factory in Port Elizabeth owned by a French Company. "He helped build a strong branch of the Textile Workers' Union and eventually becanie the leader of the African Textile Workers in South Africa. In all the stirring struggle of the fifties, Caleb played an important role. He went to prison during the historic Defiance of Unjust laws Campaign of 1952. In the following two years Caleb was arrested on numerous occasions. He could never make any long-term appointment, not being sure whether he could keep such an appointment. "On one occasion in 1954 he was charged with incitement to public violence. His offence was that in a speech before an enormous crowd at Veeplaats in the Eastern Cape he expressed support for the struggle of the Kenya African National Union and Jomo Kenyatta. "In 1956 he was charged with High Treason in common with 155 others. He was involved in the trial right to the end in March, 1961. "In 1963 he was ar'rested again and was charged with belonging to the banned African National Congress. He was sentenced to four years' imprisonment. "On the last occasion he was arrested on May 13 this year, he died in detention as so many others have under sinister circumstances. "Although physically small, this man was made of steel. "His death under highly suspicious circumstances will ultimately be investigated and those responsible will undoubtedly receive the punishment they deserve. "In the meantime the African National Congress pledges to carry on the struggle to free our country from the grip of its present diabolic rulers and in the free and democratic republic that will arise the ne~es of people like our comrade and fellow freedom fighter - Masango Caleb Ma e-iso - will have an honov'rable place. "A great and dauntless freedom fighter has passed on. His death will be avenged a hundred times over in the coming battles for the final overthrow of the Fascist-Racist oppressors in our country." (Note: South African press reports had indicated that Mr. Mayekiso had been detained on 13 May 1969 under the "180-day law". However, the Minister of Police told the House of Assembly on 13 June that he had been detained on 14 May 1969 under section 6 of the Terrorism Act - Act No. 83 of 1967).

-9- RECENT DEATHS OF PRISONERS IN POLICE CUSTODY: MEMORANDA RECEIVED BY UNITED NATIONS ORGANS (a) Mr, George Houser. Executive Iarector. American Committee on Africa In a letter dated 26 June 1969, addressed to the Chairman of the Ad Hoc Working Group of Experts established under resolution 2 (XXIII) of the Commission on Human Rights, Mr. George Houser, Executive Director of the American Committee on Africa, transmitted the following information on the recent case involving the death of Mr. James Lenkoe in the Pretoria prison: "Late in the evening of March 5, 1969, a number of South African Police officials arrived at the house of Mr. James tenkoe in Naledi, an African (segregated) township of Johannesburg. They stated that they were lomking tor one 'Mofokeng' (a common clan name in South Africa) and when Mr. Lenkoe said that he was a 'Mofokeng, he was promptly arrested and dragged off by the police. Later a search was made of the house by other policemen, who kept asking Mr. Lenkoe's wife, Yrs. Julia tenkoe, where her husband had obtained the money to purchase their household belongings. "Mrs. Lenkoe was not told where her husband was taken, but she did notice that one of the police vehicles bore a Pretoria registration number. She subsequently made enquiries at the Pretoria prison and was told that her husband was being detained under the 180-day Law. (This statute enables the authorities to hold anyone in detention without recourse to court, family or lawyers, and is ostensibly to protect the detainee, as a potential witness, f. ow harm or interference). "On March 6, 1969, Mr. tenkoe's brother, Mr. Emmanuel Lenkoe, was told by prison authorities that he should bring food and clothing to his brother on Sunday, March 9, 1969. However, when Mr. Emmanuel Lenkoe took food and clothing to the Pretoria prison, he was told that this could not be given to his brother, who was ra 180-day detainee'. "On Thursday, March 13, 1969, the police called at Mrs. Lenkoe's home, at a time when she was apparently not at home. A note was left with her neighbours which stated that her husband had died in prison after hanging himself with his 'belt. "On March 15, 1969, the body of Mr. James Lenkoe was handed over to the custody of Mr. Emmanuel Lenkoe, apparently after an autopsy by Dr. H. Koch, the prison surgeon, certified that death had occurred as a result of hanging. "On March 21, 1969, Mrs. Lenkoe's attorney, Mr. Joel Carlson, applied to a Pretoria Regional Court Magistrate for a second autopsy to be conducted, at which a pathologist nominated by Mrs. Lenkoe's attorney would be present. The application was granted and a second post-mortum was held. "It emerged from the official records that Mr. James Lenkoe is alleged to have been found hanging in Cell 12 of the Pretoria Local Prison at about 10:30 p.m. on March 10, 1969 (i.e., some three days before the notification tc Mrs. Lenkoe of her husband's death). According to the official version,

- 10 - Mr. Lenkoe was hanging from a belt attached to the bars of the cell window, and that a handkerchief was tied around Mr. lankoe's face, knotted at the back, and passing through the mouth at the front. IMrs. Lenkoe refused to accept the official version of her husband's death, and instructed her attorney to take all possible steps to lay bare the true cause of her husband's death. "It will be recalled that repeated allegations have been made that electric shocks have been administered to detainees by police interrogators and the finding of the experts retained on Mrs. Lenkoe's behalf turned up important evidence in this regard. On Saturday May 3, 1969, during the questioning of Dr. Koch (the government surgeon it emerged that spectrographic tests and an admitted injury to the late Mr. Lenkoe's tow, strongly point toward electrocution. The police witnesses who testified at the hearing on May 2, 1969, have apparently been at pains to advance alternative theories for the injury to the toe - e.g., contact with a stove or heater. "Through the efforts of Mrs. Lenkoe's attorney, Mr. Joel Carlson, one of the world's most renowned pathologists was flown to South Africa to give evidence on the nature of wound of the late Mr. lenkoe's toe. Dr. Alan R. Moritz appeared in the Pretoria Inquest Court before magistrate J.J. Thkker on June 6 to give his expert evidence based on his findings. Dr. Moritz is recognized as one of the world's outstanding authorities in the field of pathology and especially for injuries of a thermal causation. He has been Provost Emeritus of Western Reserve University in Cleveland, Ohio, professor of pathology at the university and director of professional affairs at its university hospital. He is the author of more than 100 publications and scientific periodicals, author or co-author of four text books on pathology and legal medicine and author of chapters in four books on pathology. Dr. Moritz testified that the only inference to be drawn from the evidence in the Lenkoe case was that copper deposited in his skin was the result of an electric shock. According to the Rand )aily Mail of June 7, Dr. Moritz's position was put as follows: 'Nothing had been put before him which suggested anything else. Nor had anything acceptable been put before him which would more him to doubt his conclusions that injury was done within 12 hours of death. The presence of copper in the basal area of the skin, suggesting electrical metalization, had been illustrated by spectrographic tests and was chemically beyond reasonable doubt.' "This same evidence was upheld by a South African pathologist, Dr. Johnathan Gluckman. "In spite of these findings by Dr. Moritz and Dr. Gluckman, on June 20, the magistrate gave his decision that Mr. Lenkoe's death was by hanging. Expert evidence was ignored."

(b) The Rev. Canon L. Jobn Collins, Chairman. World Campaign for the Release of South African Political Prisoners In a letter of 2 July 1969, addressed to the Special Committee on Apartheid and the Ad Hoo Working Group, the Reverend Canon L John Collins, President of the International Defence and Aid Fund, and chairman of the World Campaign for the Release of South African Political Prisoners, referred to the Lenkoe case and other recent cases of deaths in detention. He transmitted a newsletter of the World Campaign which read in part: "Detention in South Africa, whether under the 90-day Law, the 180-day Law or the Terrorism Act, has proved costly in terms of the lives of those detained. The first death was that of people's leader, Looksmart Solwandle, arrested under the 90-day Law and found hanging in his cell in 1963. In January 1964, James Tyltya hanged himself in his cell. In September 1964 Suliman Salojee threw himself to his death from the seventh floor of the Security Police headquarters in Johannesburg. Two Chinese and a third unnamed detainee (unnamed for security reasons.1) hanged themselves in their cells while in custody under the 180-day Law, during 1966, the two Chinese being held for non political offences. "In 196T, the peasant leader Alpheus Maliba was found hanged in his cell while being detained under the Terrorism Act. In 1968 E.K. Kaporo, one of those detained and tried in the South West Africa trial, died in custody of 'natural causes'. "This year,four detainees have died while being held under the Terrorism Act. The first was Nichodemus Kgoathe, arrested in November last year and who died in February. The medical certificate stated that death was due to pneumonia or tuberculosis. At the inquest the district cirgeon said he examined Kgoathe shortly before his death. He had marks on his body which could have been caused by a sjambok, and wounds which could have been caused by a belt buckle. He rejected the evidence of police officers that Kgoathe's injuries were a result of slipping on a piece of soap and falling in the shower room. 'It is my opinion that Mr. Kgoathe's injuries were the result of an assault', he said. He made arrangements for Kgoathe's admittance to hospital where he died 14 days later. In the light of the evidence, the magistrate found he was not in a position to blame any person for Kgoathe's death. "On March 5th, a Lesotho national, Mr. James Lenkoe, was arrested at his home in Soweto and five days later he was found hanging by a belt in his cell in Pretoria Prison after an all-day interrogation session by the Security Police. "Police evidence suggested suicide, but two pathologists called by counsel for Lenkoe's widow said he had received an electric shock within twelve hours of his death. The nature of the wound indicated that electrocution could have :been the cause of death. One of the pathologists was specially fown to South Africa to give evidence - Dr. Alan Moritz - a member of the commission of inquiry which investigated the medico-legal findings connected with the death of President Kennedy. In spite of this expert evidence the presiding magistrate found that Mr. Lenkoe died of hanging self-inflicted, that no satisfactory proof had been given that he had suffered an electric shock on the day of his death, and that no blame attached to any living person.

-12 "Solomon Modibane, aged 50, was detained on February 25th and died three days later. The Deputy Commissioner of Police said in Pretoria: 'The information is that Modibane slipped on a piece of soap and fatally injured himself.' The inquest verdict was that he died of 'natural causes'. "The latest of the Terrorism Act deaths is that of Caleb Mayekiso, former treason trialist and trade union leader, arrested on May 13th. On June 1st, police called at his home in New Birhgton, Port Elizabeth, to tell his wife that he was dead. According to a statement from police headquarters, he died of 'natural causes'. "The inquest on James Lenkoe is probably the last of its kind to be held in South Africa for some time. Not only the South African press but newspapers all over the world have given it considerable publicity. A newsletter dealing more fully with this case will be issued shortly as it contains features which make plain the reason for further laws being introduced by the South African Government. These laws will ensure that information such as emerged during this inquest and indeed the fact of the deaths of detainees do not in future reach the outside world. "These deaths have caused horror and indignation, but the current Session of the South African Parliament rushed through legislation which now make it an offence for any person to have or to communicate any information relating to the work and functioning of the Bureau of State Security. In future, the security police may arrest the political opponents of the Government, detain them indefinitely, subject them to bestial tol-v'ure which may result in their death, and nobody will have any knowledge o this.' In a subsequent letter on 10 July, the Reverend Canon L. John Collins enclosed the following further details regarding the inquest on Mr. James Lenkoe: "In our Newsletter of 30 June 1969 we ref¢rred to the d .h of Mr, James Lenkoe who was found hanging in his coll while detaiad under - b. Tarrorism Act. Counsel appearing at the inquest into his death on behalf of his widow, Mrs. Julia Lenkoe, alleged that he had died of an electric shock. "A second postmortem was performed on Mr. Lenkoe after a special application had been brought by Mrs. Lenkoe. Evidence about copper found in a wound on Mr. Lenkoe's tow possibly indicating an electric shock had been given at a previous hearing. "Dr. A. R. Moritz, an eminent American pathologist, agreed that he was satisfied beyond reasonable doubt that a lesion on the toe was an electric burn. Dr. Moritz had done extensive speclalised research into burn wounds and death during the war for the American armed forces. After the war he continued his research on electrothermal injuries. He stated that the injury would have been inflicted more than 2 minutes and less than 12 hours before death. A report in the Rand Daily Mail of T June 1969 quoted him as saying that the presence of copper in the basal area of the skin suggesting electric metallisation had been illustrated by spectrographic test and was chemically beyond reasonable doubt.

- 13 - "Dr. Jonathan Gluckman, a South African pathologist who conducted the second postmortem examination, told the court that his investigations of the wound indicated a thermal injury possibly electrically applied because of the presence of copper ions in the damaged tissue. "Mr. Lenkoe had been interrogated at the Security Police Headquarters (Compol Buildings) from 8 a.m.-3 p.m. on the day following his arrest. Major P.J. Swanepoel, who was in charge of the interrogation, denied that Mr. Lenkoe had at any time been electrically shocked. Mr. David Soggat, Counsel representing Mrs. Lenkoe, said he had affidavits from a number of people alleging that the torture of detainees included electric shock treatment and that Major Swanepoel himself had been named as having administered electric shocks. When Major Swanepoel contested this, Mr. Soggat produced 6 affidavits handed into court during an application against the police last November on behalf of a detainee, Gabriel Mbindi, to whom the State paid R3,000 in settlement made out of court. The affidavits stated that detainees had been assaulted at Compol Buildings on orders from Major Swanepoel and in his presence. He submitted that there was a history of very serious allegations against some of the highest officers of the Security Police and that over the years there had been allegations that the Security Police at Compol tortured detainees and that electric shocks were applied to the toes and fingers. "Each time Mr. Soggat questioned Major Swanepoel on the many deaths that had occurred either during or after interrogation by him, the magistrate, Mr. J.J.H. Tukker, ruled that these questions were out of order and refused an application for prisoners-to be brought from Robben Island to testify to allegations of torture. He also refused permission for Mr. Soggar to address the court on the evidence before giving his findings which lasted less than 2 minutes. "Mrs. Lenkow testifying, said that the police came to her home at about 11.30 p.m. on 5 March, an African constable clubbed her husband behind the bed and a white policeman pushed her into the bedroom, while Pnother white policeman struck her husband three times on the head with his clenched fists. Major Swanepoel was present during these assaults on her husband. After the room had been searched, the police took her husband away. She went to the Pretoria Prison the following day and was told that she would not be able to see her husband for 180 days but could come the next Sunday to bring him clothing and food. When she returned on the Sunday, she was told at one gate that her husband could not be found in the prison and at another gate that she could not see or talk to him for 180 days. "On the following Thursday, while she was out, neighbours said the police had called to say that her husband was dead. The next day this was confirmed to her by an African constable. Mrs. Lenkoe further stated that when her husband was taken to prison he was not wearing trousers, but overalls. The only belt be possessed was still at home and the belt he was hanged with was not his own. "As previously stated, the magistrate ruled that no blame attached to any living person and that Mr. Lenkoe had died as the result of hanging selfinflicted. "A civil action for damages may now be instituted."

- 14 - SEIZURE OF PASSPORT OF MR. JOEL CARLSON On 13 June 1969, police seized the passport of Mr. Joel Carlson, attorney for defendants in the case of 3T Namibians tried under the Terrorism Act in 1967- 68 and in a number of other political cases. He had recently been acting for the widovs of two men who had died while detained by the Security Police. The action against Mr. Carlson aroused wide protests in South Africa and abroad. On 17 June 1969, Mrs. Helen Suzman, M.P., stated that she had made representations to the Minister of the Interior on the matter and that the Minister had promised to review the case. Cage Times commented on 25 June 1969: "The seizure of Mr. Joel Carlson's Passport by the police has not caused much of a stir in the Republic. But the incident has attracted a great deal of attention abroad, more especially in Washington where observers believe South Africa's chances of reaching an improved understanding with the Nixon administration have been seriously Jeopardized., Whatever public opinion in South Africa feels about the seizure of a citizen's passport, with no reasons given, this sort of action confirms people abroad in their worst suspicious about the authoritarian inclinations of the Nationalist Government. "Mr. Carlson, it should be recalled, is a Johannesburg lawyer who appeared recently at an inquest court on behalf of the widow or a man who died while in confinement under the Terrorism Act. The action of the authorities in seizing his passport, with no reasons given, creates the impression that it is dangerous for a member of the leal profession to accept briefs with political overtones. The damage done to the Republic by ill-considered actions of this sort is incalculable. It is well known that the Nixon administration has been reviewing the United States' attitude to South Africa. In many quarters, it had been expected that a trend towards graters understanding of the Republic's problems would gain ground. "But whatever the United States thinks about incidents of this sort, it is time that South Africans themselves pondered a state of affairs in which the seizure of a citizen's passport has become almost routine, attracting little public comment. Mr. Carlson has often acted for clients who have alleged brutality while in custody. He was also largely responsible for the exposure of abuses in the farm labour scandal of the late 1950's. He had appeared at inquests on behalf of the relatives of men who have died in detention. He is not popular with the Nationalist Government. But there is no suggestion that he has transgressed the law of the land. The Minister of the Interior declines to give any reasons whatsoever for his Department's actions This is not good enough. Unless the Minister does give convincing reasons, people abroad - and in the Republic - can hardly be blamed for concluding that a courageous man is being victimized for doing his duty as a lawyer."

- 15 - TRIAL OF TWENTY-FOUR AFRICANS AT GRAHAMSTOWN: THIRTEEN CONVICTED OF MEMBERSHIP IN POGO Twenty-four Africans from the Graaff-Reinet district were tried,.before the 'Grahmstovn Supreme Court from 23 June to 2 July i969 on charges under the ."S~otag Act",' and alternative charges under other acts. The indictment alleged that the accused had been members of an uflawful prganlzatilrn, -LPoo, solicited or contributed funds for Pogo, and tken.part in its activities. They were also alleged to have conspired or incited'others, between sJanuary 1966 nd January 1967, to- kill Whites and informers;, poison drinking yater,. disrupt tetephone communications and destroy public works and power installations. Four of the accused were alleged to have allowed their premises to be used for unlawful activities. The State led evidence by accomplices and a Security Police sergeant who had acted as a spy pretending to want to join Poo. The accused denied the charges. On 24 June, Mr. C. Cubbitt, defence counsel, said that police had used third degree methods when questioning the accused and witnesses. On 30 June, Mr. Fondi Leslie Botha (accused no. 14) gave evidence that, after arrest, he had been taken to a room in Oudtshoorn.and made to stand against a wall. A blanket had been thrown over his head. He had then been made to put one hand on the ground and walk around and around it. The police had kept him there all night. Subsequently, he had been told by a State witness to call Warrent Officer Vosloo and tell him that accused no. 1, Mr. Jim Jonathan Hermanus, had made them do what they did. (Cafte-Times, 1 July 1969). On 2 July, Mr. Justice Jennett sentenced thirteen of the accused to periods of imprisonment ranging from one to seven years. The eleven others, including Mr. Botha, were acquitted on the ground that evidence regarding their presence at any illegal meeting had not been corroborated. The Judge said that the court had taken into consideration that none of the acts contemplated had actually been carried out. None of the accused were found guilty of sabotage. The sentences were as follows: Mr. Jim Jonathan Hermanus 7 years Mr. Themba Tengifane 2-1/2 years Mr. Sam Mtembu 2-1/2 years Mr. Sidwell Bolosha 2 years Mr. Livingstone Mojoka 2 years Mr. Mangaliso Frank Siwa 2 years

-16- Randford Ndudula Moses Ndudula Boy Booysen Goodwin Bokwe Eric Ndudula Dick 6n Tobi Charles fUshani 1 year 1 year 1 year 1 year 1 year. *1 year 1 year The following were acquitted:. Messrs. Matthews Mkwane, Leslie Botha, Henry Baadjies, Joshua Bokwe, Jim Maqetuka, Temba Vena, William Mkonko, Joe Maeapela, Abbey Bastyana, Wesley Klaassen and Reginald Hernanus. Preas, reports give little information- on the accused. Mr. Jim Jonathan Hermanus, the principal accused, is an ordained minister. He had arrivediin Graaff-Reinet in 1964 as a minister of the Methodist ,Church there. Mr Reginald Hermanus, one of those acquitted, is his son. The other accused were reported to include school teachers and church elders.

- 17 - RESTRICTIONS ON MR. ROBERT MANGALISO SOBUKWE Mr. Robert Mangaliso Sobukwe, leader of the Pan Africanist Congress of South Africa, was released from detention on 13 May 1969, but placed under various restrictions. The Minister of Justice, Mr. Pelser, announced on that day: "On April 24, 1969, I announced that Robert Sobukwe would, subject to restrictions, be released as soon as certain administrative arrangements have been made. "The safety of the State as well as Sobukwe's own interests dictate. "Firstly: That he should not live where he can, with reasonable ease, resume subversive activities; "Secondly: That he should not live where he will or may be subjected to pressure or instigation towards resumption of subversive activities; "Thirdly: That there should be no ready opportunity for gatherings where such activities can be resumed, or where such pressure or instigation can be brought to bear upon him; "Fourthly: That there should be opportunity for him to work and lead a normal life in so far as this is compatible with the safety of the State. "I now announce that Sobukwe has today, subject to certain restrictions, been released at Kimberley. He may, inter alia, not without permission: "Leave the municipal area of Kimberley; "Attend or address gatherings; "Leave his residence between 6 p.m. and 6 a.m.; "Communicate with listed or restricted persons; "Give educational instruction at an educational institution, and "Take a hand in publications of a particular type or with particular objectives." It may be recalled that Mr. Sobukwe, leader of the Pan Africanist Congress of South Africa, was sentenced to three years' imprisonment in 1960. After completion of the sentence, he was detained under a special law which came to be known as the "Sobukwe clause". United Nations organs have repeatedly demanded Mr. Sobukwe's release. (See, for instance, General Assembly resolution 2440 (XXIII)).