The South African government enacted new repressive laws in June just eight days after declaring a State of Emergency for the second time in less than a year.
Coming shortly after military raids against three neighbouring states, these actions clearly signalled the regime's intention to try to prevent fundamental changes to the apartheid system. They also showed how effective the new parliamentary constitution is as a mechanism for ensuring white minority domination.
The State of Emergency took effect at one minute past midnight on 12 June. It was aimed at suppressing planned nationwide demonstrations to commemorate the tenth anniversary of the 1976 Soweto uprising and to mark the adoption of the Freedom Charter on 26 June 1955. The government imposed the State of Emergency partly because it had failed to get through parliament before 16 June two bills which provided for a major increase in the power of its repressive legislation. It was also evident that a ban, announced on 4 June, on all meetings to commemorate the Soweto uprising and the adoption of the Freedom Charter would be defied.
These developments came at a time when the regime was also attempting to persuade its critics that it was engaged in dismantling apartheid. This included a proposal to alter the pass laws. (see NEW PASS LAWS).
On the publication of two parliamentary bills in May, a representative of the Detainees Parents Support Committee described them as amounting to 'an utter declaration of war on all forms of protest'. The two bills, together with a proclamation in March affecting the bantustans, represented steps in the government's plans to put on a permanent basis the powers activated during the State of Emergency which ended in March.
The Public Safety Amendment Bill contained a provision empowering the Minister of Law and Order to declare any area an 'unrest area' and to make and apply any regulations he deems 'necessary or expedient for providing for the combating of public disturbance'. The regulations could be applied outside 'unrest areas' as well. (WM 16.5.86)
The amendments to the Internal Security Act would give the State President power to activate on a temporary basis new powers of detention. A new Section 50a of the Act would, when activated, allow any police officer of the rank of lieutenant-colonel or upwards, to detain people for 180 days if he is of the opinion that the detention would 'contribute to the termination, combating or prevention of public disturbance, riot or public violence'. (See DETENTIONS on the use of this act before the State of Emergency)
The bills proved controversial, even in the segregated apartheid parliament. The separate Indian and Coloured houses of the parliament refused to agree to them. Under the constitution the government had three options: to resubmit the bills in amended form; to refer the matter to the President's Council which has the power to make a decision if the three houses disagree; or to allow the President to declare the proposed measures law. On 20 June the President's Council, which has a white majority and is dominated by the ruling National Party, approved the bills. They then only needed the President's signature to become law.
In an earlier action in March the government granted new repressive powers to the six bantustans which have not been declared 'independent'. Proclamation 38 of 1986, in terms of the National States Constitution Act, grants to those authorities powers which previously were exercised by the central government. As a result of this devolution the authorities in question will have powers similar to those of the four bantustans declared 'independent'. They will be able to make 'laws' in several areas, including laws to suppress opposition. They gained the power to ban organisations, publications or speeches and to restrict the movement of people. (FM 11.4.86)
