The Windhoek Supreme Court granted leave to appeal in two cases considered by legal experts as fundamental challenges to South Africa's authority to make laws for Namibia. The cases involve the Kassinga detainees and Erick Binga, a war resister.
In the Kassinga case, six detainees (previous press reports had mentioned only five) were given leave to appeal against a ruling handed down on 22 June that no order should be made for their release, following the banning on 27 April of the original application for the release of 37 Kassinga detainees (FOCUS 53 p.11, 54 p.3).
In the second hearing, the court ruled that Erick Binga could appeal against an earlier ruling that he was liable for military service. Binga had contested the legality of his call up (FOCUS 54 p.2).
In delivering the rulings, the Judge President said the two cases should go to appeal as they were of 'fundamental importance to the community'. Referring to the Kassinga detainees, he said he had no doubt that the matter should go to appeal. The territory needed clarification on the application of Proclamation AG9, under which the Kassinga detainees are being held. In the case of Binga, clarification was also needed on the application of the South African Defence Act, he said (RDM 22.9.84).
