Draft legislation introduced at the close of the most recent parliamentary session in Rhodesia will, if it is ever implemented, drastically extend the terms of the "hanging clauses" of the Law and Order (Maintenance) Act. The Law and Order (Maintenance) Amendment Bill, which received its first reading in the House of Assembly on 8 September 1976, would introduce a mandatory death penalty for the following offences:
- "recruiting or encouraging" others to undergo guerilla training * possessing arms of war * committing any "act of terrorism" or "any act which is intended or is likely to further the aims of terrorism" * "harbouring, concealing or assisting" guerillas, where no compulsion is involved * failing to report the presence of a guerilla who subsequently "causes or attempts to cause death or injury to anyone or to damage property in the area", where the accused is a chief, headman, kraalhead, manager or foreman, or "in any other position of authority" or "special trust" * misleading an official by withholding or giving false information about guerillas, or the whereabouts of landmines or arms caches.
In the past, with the exception of recruiting, for which a mandatory death penalty was introduced in November 1974, all these offences have carried an option for the courts of imposing death or life imprisonment. The alternative of death or life (or shorter prison terms if the court is satisfied that "special circumstances" exist), is being retained for the offences of undergoing or preparing to attend a guerilla training course, and failing to report the presence of guerillas, landmines or arms caches within a specified time. A minimum sentence of 12 years imprisonment is to be introduced for harbouring or assisting guerillas. (RH 9.9.76)
Since the onset of the current guerilla offensive in January 1976, many Rhodesian Front MPs and other spokesmen for the regime have appealed for harsher penalties for supporters and sympathisers of the armed struggle, and in particular for wider use of the death penalty. Announcing at the end of July that the new draft legislation along these lines was imminent Mr. P. Claypole, Secretary for Law and Order, said that there was a strong case for treating supporters of the liberation forces "no less severely than the terrorist himself... The law has to be changed to give additional powers so that these tough measures can be lawfully taken." (RH 30.7.76)
Whether "tough measures" have been taken unofficially to compensate for what are felt to be "soft" decisions by the courts is open to question. On 10 August 1976, for example, Elias Moyo, an ANC branch treasurer in the Bukawayo area, was sentenced to life imprisonment on conviction of harbouring and feeding 3 guerillas (see FOCUS No. 6 p. 15). On 17 August, Mr. L.J. Mahlangu, MP for Mpopoma, told the House of Assembly that Mr. Moyo's store, which had been closed by the authorities after his arrest, had been gutted by a fire. Mr. Mahlangu's challenge to the regime to refute strong rumours of officially-inspired arson was ignored. (Debates 17.8.76)
In the event, any debate on the Law and Order (Maintenance) Amendment Bill was adjourned until parliament reassembles on 15 February 1977, to allow further consideration of certain "representations" that had been received on the draft proposals. The character and content of these representations was not revealed. (RH 10.9.76)
The Criminal Procedure and Evidence Amendment Bill, which passed its third reading on 18 August 1976 is also of relevance to the conduct of political trials. It provides for preparatory examinations to be held in camera except where the accused applies for a public hearing and, among other measures, abolishes the accused's normal rights of silence, both in relation to the giving of evidence in court and in making statements to the police before trial. In future, if an accused person fails to answer any question put to him by the prosecutor or the court, an adverse inference may be drawn and taken into account in passing judgement. Similarly, if it can be shown that an accused has failed to mention any fact relevant to his defence when he is charged or interrogated by the police, adverse inference can be drawn. (This is in line with the regulations governing the workings of the regime's Special Courts, set up in May 1976 to try offences under the Law and Order (Maintenance) Act.) (Debates 13.8.76)
CALL-UP TIGHTENED Press reports suggest that the Rhodesian armed forces may be facing a considerable crisis of morale in the wake of the regime's acceptance of the principle of majority rule, despite official assurances that "seek and destroy" missions to eradicate guerillas will continue regardless of developments on the constitutional front. The National Services Act 1976, which came into effect on 10 September 1976, is likely to sharpen resentment of the burden of military call-up, while making it even more difficult for would-be draft-dodgers to avoid it. Some of the more important provisions of the new legislation are:
- The age of registration for national service has been reduced from 17 to 16 to enable boys to be registered before leaving school. All male Europeans, Coloureds and Asians are required to register within 30 days of their sixteenth birthday. * No male between the ages of 16 and 25 may leave Rhodesia until he has completed phase one of his national service, i.e. 18 months continuous service, except under such terms and conditions as may be prescribed. (Previously, permission to leave was only required by those whose call-up papers had been issued). * It is now an offence to suggest to anyone that for religious reasons or otherwise, they should not undertake national service. It is also an offence for any employer to discourage or penalise any employee for volunteering for or routinely undergoing national service. * A Directorate of Security Manpower has been set up to which employers are required to make routine returns of all their male employees between the ages of 17 and 38. * Any Ministry, Department of State or "any body or organization" whatsoever can be declared a "designated service" and its members made liable to national service. (In the past, certain categories of person, for example certain civil servants, MPs, judges, priests and nurses, were exempt from compulsory military training). * The Minister of Co-ordination, with the approval of the Ministers of Defence and Law and Order, is empowered to issue a general authorization for the call-up of all residents between the ages of 18 and 50 to render emergency national service as required. * Africans have been made potentially liable to national service by widening the definition of "resident". At the present time, no decision has officially been taken on which categories should be involved or the nature and length of their period of national service. Introducing the second reading of the Bill on 27 July 1976, Mr. Reg Cowper, Minister of Co-ordination, said that while "it would be impracticable to require all Africans to render National Service", those in "certain fields of employment" should be drafted. Later on, he said that African secondary school leavers, those entering an apprenticeship or going to university, were all possibilities for a selective conscription scheme. Responsibility for considering the issue has been delegated to the regime's newly-formed "Cabinet Councils" of Mashonaland and Matabeleland. (See FOCUS No. 7 p. 13 for African reaction to the scheme)
On top of these new requirements, provision has been made under the National Registration Bill, which passed its third reading on 16 July 1976, to introduce identity cards for everyone - White, Asian, Coloured and African - over the age of 16. Information about the entire adult population, male and female, will ultimately be stored under top security in a centralised computer system. (RH 22/24.7.76; SM 11.7.76; BBC 13.9.76; Debates 27.7.76)
