Three people held as state witnesses in the Venda bantustan were released on 1 June at the end of the trial of Rev PHOSIWA and Rev PHASWANE. Rev M MAHAMBA, Dean S FARISANI and Ramano TSHIKORORO were all released without giving evidence.
Matthews OLIPHANT, General Secretary of the National Federation of Workers was released on 21 May after two months in detention. He was due to appear in court on 9 July on charges relating to a strike at Melmoth.
In Cape Town, Frank ANTHONY, Tom BARENDS and Charles CLAIMS were released from detention on 28 May.
In early May Ciskei security police released Mkhuseli JACK, a school student whom the had detained on 12 February.
Two churchworkers whose detentions were reported in FOCUS 41 pp. 8-9 were released Mzwandile MSOKI was freed by 8 July. Rev Ivor SHAPIRO was released and charged.
Zandisle MUSI, who was detained following a bomb blast at a disused mine which killed three of his friends, was freed on 1 July. Following his detention under the Terrorism Act, he was charged under the Explosives and Arms and Ammunition Act. On 1 July he was acquitted on all charges and released.
Both Acts seek to limit even further the possibilities for combining for the purpose of any kind of protest. The Demonstrations in or near Court Buildings Prohibition Act is clearly a response to the persistent, highly organised and effective demonstrations of protest and solidarity engaged in by supporters of the accused during political trials. Such protests have become the custom over a number of years: in 1978 the Minister of Justice, disturbed by their increasing incidence, described to Parliament the behaviour of the accused and their supporters inside the court, and how afterwards, supporters continued outside in the adjoining streets where 'to accompany the singing and the clenched fist salutes, there is dancing, slogans are shouted and posters are displayed for the express purpose of attracting the attention of the press, film and television photographers. The new Act will now make even a one-person protest an offence.
In addition to these two Acts, the general ban on all outdoor meetings imposed in June 1976 at the start of the uprising of that year, and maintained by successive renewals, was extended for another year from April 1982 until March 1983 on its expiry this March. Only sports gatherings, indoor gatherings and those which are officially authorised, are exempt.
A further addition to the legislation governing meetings is contained in the new Internal Security Act. Under Section 46 of the Act a magistrate may impose certain restrictions on gatherings as an alternative to imposing a total ban. These restrictions include prescribing the route to be taken by a procession and requiring the persons forming the procession to travel in vehicles. During the second reading of the bill in Parliament, the Minister of Law and Order explained how these provisions could be used in the case of funerals and memorial services which it was clearly not possible to prohibit altogether. Such occasions have frequently been used for political protests and have at times been subjected to weekend banning.
Restrictions on funerals and other gatherings are listed below.
BAN ON VAAL MEETINGS
In June the Vaal Community Council banned all public meetings organised by opposition groups in the Vaal Triangle area until the Community Council elections. The Council's chairman, Mr Josia Matjila, said the Council was the only elected body with the right to call meetings in the townships, except during election time. In response, the Lekoa People's Party called on the chairman to announce the election date and said it would continue to hold meetings despite the ban.
RICHARDS BAY STRIKES
A weekend ban on all gatherings in the Lower Umfolosi district of Richards Bay was applied from 25 June until the following Monday evening after a wave of strikes involving over 2,000 workers from at least six companies in the area culminated in the sacking of over 1,500 workers. More than 1,000 of the 1,700 workers from Alusaf, the primary aluminium producer and largest employer in the area, were on strike in support of demands for the transfer of their pension fund to a private fund. Fifty-four workers were arrested after the ban on meetings was imposed and were to appear in court shortly afterwards.
BANS ON FUNERALS
An order prohibiting the funeral of former ANC member and Robben Island prisoner, Velile Stanford HLEKANI on any weekend, was served on the late Mr Hlekani's wife, Minah Hlekani, in May under Ciskei security legislation. An application against the ban by Mrs Hlekani was dismissed in June. The order was served under Regulation 3 of Emergency Proclamation R252 which states that a magistrate or police officer may prohibit any meeting without providing a reason. An attempt was nevertheless made to hold the funeral in Mdantsane on the Sunday arranged and mourners who gathered for the ceremony were ordered to disperse by members of the Ciskei Security Services. Three people were detained, two of whom are known to have since been released. They are Mzwandile MSOKI of Mdantsane, an official of the Border Council of Churches, and Sipho HINA of New Brighton. The funeral service finally took place on a Monday and was completed by 2 pm as stipulated on the magisterial order.
- All whites were barred from attending the funeral of Joseph Mavi, leader of the municipal workers' union, held in Soweto on Freedom Day. At least 10,000 people attended the ceremony and police manned roadblocks outside and inside the township to enforce the ban.
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The International Defence and Aid Fund for Southern Africa has the following objects (i) to aid, defend and rehabilitate the victims of unjust legislation and oppressive and arbitrary procedures; (ii) to support their families and dependants (iii) to keep the conscience of the world's alive to the issues at stake.
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