On 30 September emergency powers were introduced in the Ciskei Bantustan under Proclamation R252 under the 1927 Native Administration Act, bringing into force similar provisions as have obtained in the Transkei under Proclamation R400 of 1960, as amended by R413, and latterly re-codified in the Transkei Public Security Act (see FOCUS 12, p.15).
The emergency powers include detention without trial, banishment by decree, prohibition of unauthorised meetings of more than ten people and penalties of up to three years' imprisonment and/or a fine of R600 for those showing disrespect or disobedience to chiefs and headmen.
The proclamation is intended to curb the unrest which has been simmering in the Ciskei since the uprising of June 1976 and more particularly since the funeral of Steve Biko, when the bantustan policy was denounced and the Ciskei's Chief Minister, Lennox Sebe was ridiculed in songs as the 'toy' of the white authorities. Two policemen were later killed by an angry crowd. There have been arson outbreaks in the Ciskei townships of Mdantsane and Dimbaza, student demonstrations in Alice and disturbances in Queenstown, which lies midway between the Ciskei and Transkei. The proclamation buttresses the already powerful position of chiefs and headmen who are the key supporters of the bantustan programme.
Chief Sebe has defended the emergency powers as necessary for the maintenance of law and order and the promotion of economic growth, and has aligned himself with the South African government on the need to enforce repressive measures. (GG No. 5757, 30.9.77; RDM 4.10.77)
Similar regulations were introduced in the Bophutha Tswana Bantustan on 19 August in Proclamation R.174 of 1977. They appear to have been introduced in order to curb opposition to the Bantustan elections held as a prelude to Bophutha-Tswana's 'independence' on 6 December.
Opposition to 'independence' has been strong, though mainly in the urban areas (see under SCHOOLS BOYCOTT). On 17 July Chief Minister Mangope was prevented from holding a public meeting in Potchefstroom by a crowd of opponents; 19 youths were later charged with public violence (RDM 12/14.10.77). During the election campaign in August one of the opposition candidates complained that chiefs had refused him permission to hold meetings in 21 out of 24 villages in his constituency. (RDM 28.8.77)
Under the title 'Regulations for the Administration of Security Districts', the proclamation contains the following provisions:
- Section 3 all meetings are unlawful unless authorised in writing by a magistrate except for church services, educational instruction, sport or entertainment gatherings, official tribal or bantustan meetings.
- Section 4 no non-resident shall be allowed to enter a prohibited area without magisterial permission, unless an employee of the state or a bona-fide traveller.
- Section 5 residents in a prohibited area shall be obliged to report the presence of persons unlawfully in that area to the authorities.
- Section 6 residents may not leave a prohibited area without a permit.
- Section 9 vehicles belonging to persons convicted of an offence under Section 4 may be confiscated by the government.
- Section 11 it shall be an offence to (a) say or do anything subverting the authority of the state or any chief or headman; (c) threaten or participate in any boycott or a meeting convened by the state or tribal authority; (e) refuse an order issued by a chief or headman; (f) treat a chief or headman with disrespect or disobedience.
- Section 13 the Minister may deem any area a prohibited area to any person, may order any activity to cease, and may impose a dusk to dawn curfew on any person.
- Section 14 the Security Forces are authorised to assist in the maintenance of powers under the regulations.
- Sections 15 and 16 the state, security forces and tribal authorities are indemnified against any civil or criminal action arising out of the regulations.
- Section 18 penalties for offences under the regulations may not exceed three years' imprisonment and/or a fine of R600.
- Section 19(b) any person arrested under the regulations may be detained until he has 'fully and correctly replied to all questions put to him'. Under Section 20 no detainee shall be allowed to consult a legal adviser without permission. (GG No. 5716, 19.8.77)
