The number of people banned in terms of the Internal Security Act rose slightly in 1980, from 153 to 156. Although three notices expired during the year and eight were withdrawn, 15 new banning orders were issued during the year, including a renewal of an expired notice. In the first two months of 1981 another five people were banned in terms of the Internal Security Act.
Several people have appeared in court on charges of contravening their banning orders.
FATIMA MEER, a sociologist and author, appeared in the Durban Regional Court on 15 May on four counts of contravening her banning order.
The five year banning order, which expires on 31 July, confines her to the Durban area and she may not enter any educational premises apart from the University of Natal where she is a lecturer.
It is alleged that she illegally visited the Inanda area and also visited an educational institution, namely the Thembalisha Tutorial College and/or the arts and crafts centre at Inanda.
Previously Fatima Meer and her son-in-law Baptiste MARIE were sentenced to three months imprisonment for contravening banning orders. However the conviction and sentence were set aside on appeal. A judge in the Natal Supreme Court found that the prohibition on attending social gatherings in the banning order was void because of vagueness. The attorney-general of Natal has since appealed against the Natal Supreme Court judgement.
LIZO PITYANA, a former executive member of the Port Elizabeth Black Civic Organisation (PEBCO) appeared in the Port Elizabeth magistrate's court in May, charged with breaking his banning order in an incident in New Brighton on 25 April.
MONO BADELA, a former journalist and PEBCO member, was granted bail pending an appeal against a two month sentence imposed on him in April for contravening his banning order.
REV. MZWANDILE MAQINA was convicted on 14 April in the Port Elizabeth Regional Court of contravening his banning order. He was charged with failing to report to the police at a specified time.
Rev. Maqina, a playwright and cleric, was banned in 1977 for five years and was convicted in 1978 on three counts of breaking his banning orders. He was also detained in September 1978.
Rev. Maqina was the founder of Roots, a newly founded cultural organisation with a vigilante wing. He appeared in the Port Elizabeth Magistrates Court in March on a charge of assault along with two other Roots members, Phindile MEMA and Mzunzima MAYEKISO.
FANA SITHOLE was sentenced to six months imprisonment on 5 February in the Durban Regional Court, for breaking his banning order by being absent from his home on two occasions. His restriction order prohibits him from leaving his home in Umlazi between 6 pm and 6 am on weekdays and during weekends. Fana Sithole was detained in 1976, when he was editor of a Black Consciousness publication 'Challenge', and banned for five years on his release.
Restrictions on outdoor meetings in terms of the Riotous Assemblies Act have been in force since June 1976. By successive renewals this ban has remained in force since then up till the present. Only sports gatherings, indoor meetings, or meetings for which a minister or magistrate has given permission, are legal. The ban was renewed on 1 April 1981 for further year, until 31 March 1982.
For two and a half months during 1980, from 14 June to 1 September, the ban was extended to all meetings of a political nature of more than ten people. Two of the trials described below arose from meetings which occurred during this period.
The Riotous Assemblies Act also allows the prohibition of a specific gathering. Apart from the ban on memorial services and other gatherings to commemorate those killed by the South African army raid into Mozambique in January, these powers have been used on other recent occasions.
An order prohibiting the burial on a Saturday or Sunday of a former African National Congress executive member, Joe LENGISI, was delivered to his home on 28 February, 14 hours before the funeral service was due to begin.
The order stipulated that the funeral could be held on any day of the week except a Saturday or Sunday, and that no more than 100 people should attend the funeral.
When the funeral was finally held, a day later than originally planned, over 300 people attended. They sang freedom songs, and heard speakers who were associated with Joe LENGISI before he was banished.
A prayer meeting to have been held in Loveland in the Eastern Cape on 21 March, in commemoration of the Sharpeville shootings, was called off, after the organisers were told by the security police that it had been banned.
The first annual conference of the African Writers Association, due to be held in Sibasa, Venda, in May, was banned under the Riotous Assemblies Act.
Amongst many recent trials under the Riotous Assemblies Act, there are two arising out of meetings held during the period in 1980 when all meetings of a political nature of more than 10 people were banned.
The case against Dr Ntatho MOTLANA, Leonard MOSALA and Tom MANTHATA, all of the Soweto Committee of Ten has been postponed until 21 September. They are all alleged to have convened or addressed a meeting on 24 August 1980 when all gatherings were banned.
The charges against a fourth person, Sidney MOTINGOA, a school principal, were withdrawn.
Andrew BORAINE (21), President of NUSAS and Christopher SWART (21), President of the University of Natal Durban Students Representative Council, appeared in the Durban Regional Court on 16 February, charged with holding and addressing a prohibited meeting. The State alleged that the meeting was of a political nature, in commemoration of the events of 16 June, 1976, and was therefore prohibited in terms of the ban then in force.
Seven people appeared in Cape Town Magistrates Court on 6 March, charged under the Riotous Assemblies Act for allegedly attending an illegal gathering.
They were arrested on 5 March when more than 300 people marched through the City of Cape Town from the Supreme Court where Oscar Mpetha and 18 others were on trial.
They are: Cyril MATSOKO (23), Cecil DLABANTU (18), Beau MDAMANDANA (18), Desmond MNCUBE (23), Francina MAMFANYA (55) and two youths aged 16 and 17.
Bishop Desmond Tutu's passport was confiscated in April by the security police a week after he returned from North America and Europe. A number of other people have also recently had passports withdrawn or refused.
While he was out of the country during April, Bishop Tutu, who is general secretary of the South African Council of Churches, angered the South African Government by advocating economic sanctions against the country.
In March the President of the Black Allied Workers Union (BAWU), Makoshini KHUMALO, had his passport withdrawn. He was detained by the Security Police on 16 March and on his release charged under the Riotous Assemblies Act, apparently in connection with a recent strike in Natal.
The Publicity Secretary of the union, Beki KHUMALO, was refused a passport to visit the United States to attend a course on union issues.
Frank CHIKANE, an Apostolic Faith Mission minister from Kagiso, near Krugersdorp, was refused a passport to further his studies overseas. This is the second time he has been refused a passport.
