According to the South African government, Namibia has now entered into a transitional period preceding eventual independence. Mr. Justice Marthinus Steyn, formerly of the Free State Division of the South African Supreme Court, took up office on 1 September 1977 as the South African-appointed 'Administrator General for the Territory of South West Africa'. Steyn, who has been accommodated in the two top floors of Windhoek's Kalahari Sands Hotel to avoid identification with the existing SWA Administration or South African government offices in the territory, has been empowered by the South African State President to make, amend, or repeal all laws in Namibia by proclamation. (GG 19.8.77) His function is to govern Namibia during an interim period leading up to the holding of elections, the establishment of a constituent assembly and the latter's agreement of an independence constitution. The two most senior South African government officials in Namibia up to the time of Steyn's appointment - the SWA Administrator, B.J. van der Walt, and the Commissioner General for the Indigenous Peoples of SWA, Jannie de Wet - vacated office on 30 September and 1 November respectively and will not be replaced.
Steyn made it clear shortly after his arrival in Windhoek that he did not envisage major changes in the territory for the time being. While certain items of existing legislation applicable to Namibia, either emanating from the SWA Legislative Assembly or the South African Parliament, would have to be altered during his term of office in line with the new social dispensation, "as an interim government one does not want to make too many fundamental changes because one may in fact be writing indirectly a constitution for the territory which is a task for the constituent assembly" (RDM 13.9.77). He was, he said, intending to press ahead with arrangements for a general election at as early a date as possible. While Steyn has been reported as offering SWAPO's President Sam Nujoma and other SWAPO leaders in exile a safe conduct back to Namibia, he has stressed that he does not see SWAPO's participation as essential for the success of elections. (WA 2/8.9.77)
On 14 October, Immorality Proclamation No. 19 of 1934 (South Africa's Immorality Act as applied in Namibia) was repealed by special proclamation issued by Justice Steyn. The Mixed Marriages Act, as enforced in Namibia, was also repealed by an announcement in an extraordinary Gazette. A special congress of the Nationalist Party in Namibia held in March 1977 had decided that both Acts must go if need be. (WA 14.10.77)
On 21 October, Steyn announced that Namibia's pass laws, modelled on those of South Africa, were to be repealed with immediate effect as part of the process of preparing for free general elections. Blacks will reportedly no longer have to produce pass books on demand while certain regulations restricting the entry of whites to black homelands have also been removed. Important areas of Namibia have been excluded from these new regulations however, namely the Ovambo homeland (where emergency proclamation No. R.17 of 1972 and supplementary emergency legislation of May 1976 still apply; see FOCUS 5 p.16), the "operational area of the South African Defence Force" (which can presumably be redefined to suit requirements and already covers the three northern homelands of Ovambo, Kavango and Caprivi; and the diamond mining areas in the Namib desert along the western coast. These are still 'no go areas' for both white and blacks without special passes.
Further, although blacks can now enter and stay in urban areas indefinitely - previously entry was restricted to 72 hours - they still may not seek or accept employment without permission. The fine for employers who fail to register black employees has been raised from about £65 to £200 to prevent the "new freedom of movement from degenerating into widespread vagrancy". (GN 22.10.77)
Steyn also announced the repeal of other discriminatory laws including a prohibition on the extension of financial credit to blacks. He disclosed that other discriminatory measures were receiving attention. (T 22.10.77)
Other changes so far introduced under Steyn's administration leave the fundamental institutions of South Africa's occupation of Namibia, including the presence of the South African army and the enforcement of martial law in the north, and the continuing implementation of the Odendaal Commission's recommendations for the establishment of homelands in the territory, substantially unchanged. The Turnhalle constitutional conference in addition, despite reports of its imminent dissolution, has been continuing to work on drafting an interim independence constitution for Namibia which would retain many elements of the bantustan structure.
- Administration - legislative and administrative responsibility for virtually all issues of any importance affecting Namibia has been vested since 1969 in the SA parliament. Nearly half of Namibia's white population are South African government officials. Four SA government departments functioning in Namibia have now been transferred to the jurisdiction of the SWA Administrator-General, with effect from 28 September 1977 - Bantu Administration and Development; Water Affairs; Bantu Education; and Coloured, Rehoboth and Nama Affairs. Others may follow, but the Defence Department is not expected to be affected. Steyn has promised SA government officials that the move will involve as little disruption as possible and that their 'normal functions' will continue for the time being. (RDM 13.9.77; WA 14.9.77).
- Bantustans - in addition to continuing plans to mobilise Namibians on a tribal basis for military service, ultimately against SWAPO (see under TRIBAL ARMIES) elections for a Kaptein, or ethnic leader, have been held among the Rehoboth Basters since Steyn's arrival in the territory, in terms of the South African government's Rehoboth Self-Government Act. Dr. Benjamin Africa, the leader of the Baster delegation to the Turnhalle, was elected to the post in a 64.7% poll on 3 October, despite his earlier statements opposing South Africa's bantustan strategy for Namibia. Further elections for a Baster Council were due to be held on 31 October. (WA 5.10.77)
- Parliamentary representation - the six seats allocated to Namibia's white voters in the SA House of Assembly and four seats in the Senate have been abolished with effect from 28 September 1977. Namibian whites will not be taking part in the SA general election on 30 November. On 29 September the SWA Nationalist Party voted unanimously at its congress in Windhoek to sever ties with the South African party and continues to function inside Namibia. (CT 29.9.77)
- Judiciary - no change appears to be envisaged in the present system under which Namibians are tried by South African courts. According to Steyn, the South African Supreme Court in Windhoek and all lower courts in the territory will continue their functions. (WA 2.9.77)
- Political prisoners - any transfer of Namibian political prisoners currently on Robben Island back to prisons in Namibia appears to have been ruled out. A spokesman for the SA Prisons Department has confirmed that Namibians "detained in the Republic of South Africa for offences against the safety of the state" will continue to be held there. (WA 21.9.77). An amendment to the 1959 Prisons Act gazetted on 9 September, however, provides for offenders convicted and sentenced in Walvis Bay (see below) to be imprisoned in Namibia (Proclamation No. R211 of 1977, GG No. 5733, 9.9.77).
