BANS AND RESTRICTIONS STATE OF EMERGENCY ACTIVISTS BANNED
By September 28 people, mostly trade union officials, were reported to have been served restriction orders on their release from detention under the emergency regulations.
The orders are similar to banning orders under the Internal Security Act and are provided for under Section 3 of the emergency regulations, which empowers the Minister of Law and Order to impose conditions on the release of anyone detained under the regulations.
The conditions apply for as long as the emergency remains in force and need not be published in a *Government Gazette*, as is required with bans under the Internal Security Act. The penalty for contravention is a fine of up to R20,000 or imprisonment for up to ten years - possibly without the option of a fine. Sixty eight people were restricted in this way under the last State of Emergency. (FOCUS 62 p.11, 63 p.8, 64 p.8; GG 12.6.86)
Details of individual orders were not always reported. However, the most frequent restrictions included a ban on attendance at any meeting where government policy was discussed or criticised; confinement to a magisterial district; and a prohibition on entering educational premises. Many were banned from speaking to the press, contributing to any publications or participating in the activities of particular organisations.
Those affected included: Dr Wolfram KISTNER (63), (head of the Justice and Reconciliation Commission and assistant general secretary of the South African Council of Churches); Rev Mfaniseni NDWANDWE, (Bishop Suffragan of Johannesburg); Rev Petrus KOLISANG; Rev Simon MASOPHA; Elijah BARAYI, (COSATU President); Rae LAZARUS, (General Workers Union organiser); Joyce SEDIBE, (Council of Unions of South Africa organiser); Daniel SAMELA, (Chemical Workers Union national organiser); Alex MAH-LATJIE, (Transport and Allied Workers Union president); Donsie KHUMALO, (COSATU Northern Transvaal secretary); Lolo DITSHEGO and Justin RABOTHATA, (General Workers Union organisers); Jerry THIBEDI and Petros TOM (Metal and Allied Workers Union); Elizabeth ERASMUS (Clothing Workers Union); Liz ABRAHAMS (Food and Allied Workers Union); trade unionist Sandile NONGXA; Dr Rashid SALOOJEE, (UDF, Transvaal Indian Congress); Rev Abe VISAGIE, (Midlands Council of Churches organising secretary); two students at the University of the Witwatersrand, Claire WRIGHT (23), (Students' Representative Council president) and Dali MPOFU (24). (Black Students' Society chairman); Busisive MABUZA, a student at the University of the North; Llewellyn McMASTER of the University of the Western Cape; Mike LOEWE, (End Conscription Campaign); Sandy STEWART, (Black Wash); John SMITH and Dudley VAN HEERDEN, Eastern Cape lawyers; and Joe MONCHOSI (Ikageng Civic Association). (WM 11.7.86; CT 22.7.86; Star 2/19.8.86; CP 10.8.86; S 21.8.86; Star 4/12.9.86; CT 9.9.86; RMG 8-14.9.86)
ORGANISATIONS CURBED
A legal victory undermining emergency powers to curb resistance was swiftly reversed by President Botha on 1 August.
While the emergency regulations promulgated on 12 June created the extensive general powers of arrest, detention and censorship outlined in the last issue of FOCUS, the day to day deployment of the regime's forces under the State of Emergency was largely dependent on specific orders issued by Divisional Commissioners of police in command of the 19 Police Divisions and commanding officers in the non-'independent' bantustans. By the end of July over 100 such orders had been published in 17 issues of the *Government Gazette*. (Star 1.8.86)
Covering virtually every part of the country, and focussing with the greatest intensity on black townships, the orders controlled or prohibited almost every facet of resistance and organisation. They reflected the nature of the challenge to the regime and its own objectives in declaring a State of Emergency. They sought to inhibit every form of mobilisation by restricting movement and preventing popular organisations from functioning. Some are specifically related to the regime's attempt to regain control of black schools. (See EDUCATION under STATE OF EMERGENCY)
Typically the divisional orders included some or all of the following:
- In black townships in the affected divisions there were restrictions on funerals of victims of the regime's actions; control over the movement of people not resident in the townships; curfews on residents of townships; and control of school boycotts. (See FOCUS 66 p.3)
- In magisterial districts as a whole, listed organisations were prohibited from holding meetings. In the first weeks of the State of Emergency, for example, orders issued by the Commissioners of six Police Divisions in the Cape, Orange Free State and Transvaal contained lists of organisations totalling almost 300 which were prohibited from organising or holding meetings. Some of the organisations were national ones, but the great majority were regional or local community-based organisations. In some areas residents of townships were prohibited from possessing any emblems or objects, including T-shirts, which expressed support for listed organisations. In the Western Cape the officers of 123 organisations were prohibited from even making statements.
In the context of the more general emergency powers, these divisional orders were powerful weapons in the regime's attempt to halt and then reverse the advances being made in the extension and consolidation of the forces of liberation. For this reason Supreme Court rulings invalidating the orders issued in three Divisions appeared to make significant inroads into the regime's powers.
On 28, 29 and 30 July the Rand, Grahamstown and Cape Supreme Courts responded to applications by the UDF in the first two cases and COSATU in the third, by declaring invalid a clause in the Emergency Regulations of 12 June. Regulation 7 contains a clause delegating legislative powers to the Commissioner of the South African Police and 'anyone authorised by him'. This last phrase was ruled invalid on the grounds that the law did not allow delegated legislative powers to be delegated to a third party.
The immediate consequence of these rulings was that the orders issued in three divisions had to be lifted, but by implication the orders in all divisions and in the non-'independent' bantustans, had been rendered invalid. However within days a new regulation was issued by the State President, with retrospective effect to 12 June, explicitly conferring the power to make orders to Divisional Commissioners of Police and to officers in command of police forces in the non-'independent' bantustans. (Star 2.8.86)
WINNIE MANDELA
A spokesman for the Minister of Law and Order confirmed in July that all restrictions on Winnie MANDELA had been lifted. Her name did not appear in lists of people restricted under the Internal Security Act published in the *Government Gazette* on 4 July. However, the spokesman said that journalists should obtain legal advice before quoting Mandela as it was a 'complicated matter'.
Earlier in the year several banned people successfully challenged the validity of their bans. In April the ban on Mathata TSEDU was lifted, and it was unclear whether the bans on Mandela, Abel DUBE and Modika TSATSA were still in force. The July *Government Gazette* contained no lists of persons restricted from attending gatherings or confined to their magisterial districts. (S 15.4.86; GG 4.7.86; CT 8.7.86; see FOCUS 63 p.8, 64 p.8)
The announcement followed a week-long set of special restrictions served on Mandela on 16 June by the divisional commissioner of police in Soweto, in terms of the emergency regulations. The restrictions banned Mandela from leaving her Soweto home from 6pm till 8am and from speaking to the press while in the Transvaal.
PRISONS RELEASES
The following people have been released from prison in recent months.
- Ephraim MOKALE (26). David Buti MOYO (26) and Daniel MPHUTHI (38) were released from Robben Island prison on 13 May. Mokale was released after four years and ten months of a five year sentence for importing illegal pamphlets. Moyo after serving more than four years of a five year sentence for furthering the aims of the ANC. Mphuthi after nine years and nine months of a twelve year sentence for sabotage (CT 16.5.86, S 21.5.86)
Four other prisoners - named in the last issue of FOCUS - were released before the end of their sentences during the same week. The date of their release was incorrectly given as 30 May.
- Tseliso Solomon PHOFU (31), a former official of the banned South African Students Movement, was released in August after spending eight years in jail for sabotage. He spent six years on Robben Island and two years in Helderstroom Prison in Caledon. He was accused of burning government buildings during the 1976-77 unrest and of possessing banned literature. (Star 5.8.86)
- Tenda Mudzima (Robert) RATSHITANGA was released from prison in the Venda bantustan on 11 April. He spent two years and one month of a five year sentence in prison and was released after a successful appeal against both his conviction and sentence.
Ratshitanga, a poet, was sentenced in March 1984 in the Sibasa Regional Court after being convicted under the Terrorism Act for allegedly harbouring ANC guerillas. (S 6.5.86; see FOCUS 53 p.4)
- Four political prisoners were released from Robben Island in mid-September. No details were given of the charges on which they were convicted or of the lengths of their sentences. The four are Vuyani BOBO (31), Mduzuzi Richard SHABALALA (21), Lindani MNCUBU (23) and Daniel Nhlanhla MASINGA (21). (Star 13.9.86)
