General Law Amendment Act No. 62 of 1966
Section 22 of the Act provides that any commissioned officer of the police of or above the rank of Lieutenant-Colonel may arrest any person without warrant who was a "terrorist", favoured terrorist activities, had undergone training outside the Republic (or had attempted or encouraged others to do so) which could be of use in committing sabotage or in furthering the aims of an organisation declared unlawful, had obtained information which could be of use in furthering the objects of an organisation declared unlawful, or intending to commit any of these offences.
Persons arrested under the Act are detained for a period not exceeding fourteen days. The Commissioner of Police can apply to a Supreme Court judge for an extension of the detention. Usually, however, after the fourteen day period of detention under the Act has expired those detained have their detentions extended under the legislation of the Terrorism Act, or the Internal Security Act. No court of law is competent to order the release of a detainee but the detainee may submit in writing reasons why he should not be detained. This could result in an alteration of the conditions of detention.
Terrorism Act No. 83 of 1967:
Section 6 of the Terrorism Act provides for the "detention of terrorists and certain other persons for interrogation". The period of detention is indefinite and applies to any person in the Republic who is "a terrorist or who is withholding...any information relating to terrorists", or to offences under the Act. The person may be detained by any commissioned officer of or above the rank of Lieutenant-Colonel for interrogation until the "Commission orders his/her release when satisfied that he/she has satisfactorily replied to all questions...or that no useful purpose will be served by his/her further detention", or until his/her detention is ordered by the Minister. No court of law shall pronounce upon the validity of any action taken under Section 6 of the Act, or order the release of any detainee. No person, other than the Minister or an officer in the service of the State acting in the performance of his official duties, has access to any detainee, or is entitled to any official information relating to or obtained from any detainee.
Criminal Procedure Amendment Act No. 51 of 1977
Section 50 of the Act allows persons to be detained for a period not exceeding 48 hours (if after arrest he/she has not been released because no charge has been brought against him/her, and adjudication has to be made upon the cause of the arrest).
Section 185 (as amended in 1978) allows the detention of potential state witnesses. They can be detained continuously until the proceedings in which they may appear as witnesses are completed, provided the proceedings begin within six months of their being detained.
Internal Security Amendment Act No. 79 of 1976
Section 10 of the Act provides for the indefinite 'preventive' detention of persons engaging in activities which the Minister deems "endanger or are calculated to endanger the security of the state or the maintenance of public order". The Minister may direct that any such person be detained in custody in a prison area for a specified period. A 'Review Committee' investigates the Minister's action not later than two months after the commencement of the custody and thereafter at intervals of not more than six months. The committee considers all facts and written and oral representations made to it and submits its recommendations to the Minister. The Minister need not give effect to any recommendation by the review committee. Meetings of this review committee are not open to the public and its deliberations and recommendations are not disclosed to the public. No court of law has jurisdiction to pronounce upon it's functions or recommendations. Detentions under this Act may be extended for an indefinite period.
Section 12 of the Act provides for the detention of potential State witnesses. Whenever, in the opinion of an attorney-general, any person might provide material evidence as a witness for the State, such person will not be released on bail, if in detention, or issued with a warrant of arrest. Provided the proceedings begin within six months of the detention, the person will not be released until the criminal proceedings are concluded. No-one has access to a detained person except a State official acting in the performance of his duties and a magistrate, who will visit the person in private at least once a week. No court has the power to release a detainee or allow other persons to visit him/her.
BANTUSTANS
On 'independence', bantustans have effectively adopted South African legislation on all security matters. The major security law in the Transkei is the 'Public Security Act' which came into force in 1977. In terms of the Act all security laws applicable in South Africa were repealed but the major provisions of South African security legislation, including indefinite detention without trial, are incorporated in the Act. The Act additionally makes provision for the banning of persons and for the arrest, without warrant, of any person for interrogation purposes, after which arrest there may be no recourse to the courts to obtain the release of such person.
In 1977 the Ciskei was given far-reaching powers to control political activity and detain people without trial, in Emergency Proclamation R252. Persons can be detained for up to 90 days in terms of the Proclamation. As the figures above show the Ciskeian security police have used the provisions of this Proclamation often in order to suppress the widespread popular resistance in that part of South Africa.
A similar emergency Proclamation (R276), which allows for preventive detention, has been in force in Venda since 1977, BophuthaTswana passed its own Internal Security Act (No. 22) in 1979. The Act consolidates various of the main South African security laws. Persons may be detained without trial for 90 days but this period can be extended indefinitely should it be deemed necessary for reasons of 'national security'.
