When the South African House of Assembly re-opened in January, the government introduced several new laws. Several of these dealt with internal unrest, proposing the extension of governmental powers in such circumstances, and were clearly stimulated by the events of last year. They were the following:
Indemnity Bill, which would indemnify the state or its servants (e.g. police) against civil or criminal proceedings in connection with the prevention or suppression of civil disorder. The provisions are retrospective to 16 June 1976, when the disturbances began.
Giving notice of the bill, Minister of Justice Mr. Kruger said it meant that "the government will not be able to be sued for actions taken during riots", though only for those actions undertaken "in good faith with the intent of suppressing or terminating internal disorder". Later he added that the intention was not to prevent people who had a good case from submitting claims. Compensation could be paid in deserving cases. But "those who gave rise to the unrest and had a part in it, and in the process were injured or suffered damages, cannot expect to load the police with defending unfounded claims." Indemnity for the state and its officials had been given before in 1961.
If the bill becomes law, many innocent people bereaved or disabled as a result of police shooting will be unable to claim damages. According to Mrs. Helen Suzman, at least 64 compensation claims against the police have already been filed - 37 in Cape Town and the rest in Johannesburg.
Among those injured are several children blinded by shot fired by police during township disturbances. According to an eye doctor at Baragwanath some of those blinded were onlookers because 'the trouble with birdshot is that it sprays'. Buckshot was also used. Hospital authorities refused to comment on the cases. Two boys who were receiving treatment for eye damage sustained in Soweto in August were visited by police and questioned on how the information had reached the press. Both boys said they had been shot at by policemen driving around Soweto in a green car. Under the proposed legislation neither might receive compensation.
Civil Protection Bill, which empowers the Minister of Defence and Provincial Councils to take action to protect lives and property in the event of disaster and internal unrest. Since 1969 primary responsibility for civil defence has rested with local councils.
Under the bill the Minister of Defence can proclaim an immediate state of emergency in a defined area without first publishing it in the government gazette. The state, the Minister and state officials are also indemnified against claims in connection with disasters and emergencies - defined to include a refugee influx and sabotage.
Both the Indemnity Bill and the Civil Protection Bill received their second readings on 30 January.
Defence Amendment Bill, which extends state powers "during operations in defence of the republic or for the suppression of terrorism or suppression of internal disorder". Powers hitherto confined to states of war now cover conditions of internal unrest such as prevailed in the second part of 1976. Included here are: military censorship - present military censorship which prohibits all unauthorised reporting of army operations (for example the 1975 invasion of Angola, which was not reported in South Africa) is extended to cover operations connected with internal disorder, though only insofar as the armed forces are involved. Police operations are excluded from the terms of the bill. The scope of this measure is that if troops are called out to deal with demonstrations, disturbances, sabotage etc, the press are prohibited from publishing the information without military clearance. This will apply to foreign reporters sending details outside SA as well as those within.
material requisitions - public service or defence force officers are empowered to commandeer any material or article necessary for the mobilisation of or maintenance of the Defence Force or other forces operating with it. Hitherto requisitioning powers existed only in time of war.
military control - the defence force is empowered to assume control of any railway, road, air or sea service, and to order the evacuation of any building or area for up to four days. These too are wartime powers extended to cover civil unrest.
military service - the military reserve force, consisting of Kommandos and Citizen Force conscripts who have completed their full-time service but remain liable for annual 19-day camp call-ups for five years, has its regulations altered to provide for short term call-ups more than once a year. Under the Defence Amendment Act of 1976, the state may call out the Citizen Force, the Reserve and the Kommando for service in the suppression of terrorism or disorder or the maintenance of essential services, but only within the terms of each person's 19-day service obligations (plus seven days). Under the new bill, servicemen can be called up more often, but their total obligation is not increased.
Speaking at the National Party Congress last September the Minister of Defence defined one of the army's functions as that of supporting the police when internal problems became too difficult. Although there were many rumours of troop operations and it appears that certain sections of the army were mobilised, there is little evidence that troops were actually used to quell the disturbances during 1976.
Legislation altering court procedure was re-introduced in the Criminal Procedure Bill, which empowers judges and others presiding over trial court cases to follow interrogative procedures whereby the court president examines the accused. (This is a common judicial process that differs from the English system of prosecution and defence. The South African system already departs from English practice in the absence of a jury). A similar attempt to change court procedure was dropped in 1973, and the new bill is a revision. The procedure is optional not mandatory, interrogation is to take place in open court, on the record, and a legal representative may be present and able to answer on the accused's behalf.
Introducing the bill, the Minister of Justice Mr. Kruger said interrogation would speed up trials and save the accused unnecessary remorse. "I think it is about time we accepted the principle" he said "especially in view of the fact that it is controlled by all the legal controls known to us to ensure fairness and justice for accused". The Progressive Reform Party announced their opposition to the bill on the grounds that it would remove the present protection against self incrimination by the accused, eliminate safeguards regarding confessions and impose compulsion on witnesses - all of which were felt to affect basic legal rights and justice for accused persons.
