Concern about the growing number of detainees held under the security legislation introduced by South Africa in Namibia has led a number of organisations and prominent persons to call for an independent inquiry into security legislation in Namibia. Church representatives, legal figures and SWAPO have demanded the repeal of these laws, which allow the security forces to detain anyone without charge or trial. In many instances, the detention of a person does not become known to his or her family, lawyers or friends until the authorities choose to admit that they are holding a person or until the person's release. Detainees held under Proclamation AG 9 virtually disappear from public view, and it is often not known whether they are still alive. There have been numerous instances of assault and torture of detainees who are then released without being charged.
The Namibian Bar Council, representing lawyers in the country, called for a judicial Commission of Inquiry into security legislation in December 1982. In its statement, the Bar Council expressed its anxiety at the erosion of the rule of law and at the many instances of abuse, rape and even death in detention.
The Administrator-General announced in September 1983 that a Commission of Inquiry into Namibia's security laws had been set up. It would be chaired by Justice H.P. van Dyk of the Transvaal bench.
