An application has been made to the SA Supreme Court seeking the release from detention of Zinjiva Winston Nkondo (Victor Matlou) who was seized by SA Police on 12 December when his scheduled Lesotho Airways flight from Maputo to Maseru was forced to land at Bloemfontein due to engine trouble. He was arrested at the Ladybrand border post while he and the other passengers were being taken to Maseru by bus, and is being held in Bloemfontein under the Terrorism Act.
Nkondo is a South African refugee who was granted asylum by Tanzania and is now with the ANC Dept. of Information and Publicity. In 1975-6 he was held in solitary confinement for 384 days after which he left the country. He is also a poet and brother to Curtis Nkondo, president of the Azanian People's Organization (AZAPO).
The ANC condemned the arrest, calling it adding "if Pretoria is allowed to get away with this unprecedented violation of international law, no air traveller in Southern Africa will be safe". The case is to be taken up with the UN and the OAU. Under international law, when a ship or plane is forced to an unscheduled stop, it is accepted that the country concerned does not exercise jurisdiction.
The Supreme Court application is being brought against the Minister of Police by Curtis Nkondo on the grounds that the detention infringes the territorial integrity of Lesotho. The application is accompanied by affidavits from members of the Lesotho Government and others. On 4 January the application was adjourned for further investigation.
