DETENTIONS
As the number of people detained under the State of Emergency reached an estimated 20,000 in October, evidence continued to mount of torture and violence against detainees, both adults and children. There have been a number of deaths of people in detention or awaiting trial on charges arising out of political activities.
According to a report by the Detainees Parents Support Committee, by the end of October over 20,000 people had been detained under the emergency regulations since 12 June. The DPSC, whose estimates are based on both official and unofficial information, said that fresh reports of detentions were being received every day.
Under the Public Safety Act the government must table in parliament the names of anyone held for 30 days or more under the emergency regulations. During August 9,287 names were tabled, but after parliament went into recess there was no more official information on detainees. The names of any further people held for 30 days or more will have to be tabled when parliament reconvenes in January.
In addition to detentions under the emergency regulations, there had by October been 2,402 detentions under the Internal Security Act during 1986 (299 under Section 29, 71 under Section 31 and 1,800 under Section 50), according to official figures given in parliament. Over the same period 232 people were known to have been detained under laws in force in bantustans. By mid-November the DPSC was estimating that over 24,000 people had been detained during 1986. (WM 14/21.11.86; Repression Monitoring Group 6.10.86)
CHILDREN IN DETENTION
Out of the seven and a half thousand emergency detainees about whom the DPSC had information at the end of October last year, 47 per cent were under 21 years old.
Following the pattern of the previous emergency, members and activists of youth and student organisations have formed a high proportion of those detained (next after activists of community and political organisations). In the Eastern Cape, according to the Black Sash, two-thirds of those detainees whose organisational affiliations were known belonged to youth and student organisations (47 per cent to youth congresses and 13 per cent to student organisations). These figures reflect the scale of the protests over apartheid education and also the extent to which young people have been active in organising and acting against apartheid generally.
Monitoring groups report that often very young people are detained. The youngest case known to the DPSC was that of a nine-year-old child held under the emergency regulations. In November a group in Natal reported that out of 450 detainees still being held in the province in mid-November, 22 were children under the age of 16 still in detention after five months. They included a girl and two boys aged 13, six 14-year-olds and 13 children aged 15. In Port Elizabeth the Black Sash found that of the 659 people detained under the emergency whose names were known, 50 were under 15. (CP 19.10.86; DD 29.10.86; WM 21.11.86)
TORTURE, VIOLENCE AND DEATH
Despite strict controls on information about police actions, the violence against people in police custody in South Africa is so widespread that a large amount of evidence has accumulated through the limited avenues that have not yet been cut off. The seriousness of the situation was made clear by the death of four more people in September and October while in detention or awaiting trial on charges arising out of political activities. (See DEATHS IN CUSTODY below)
The main sources of information have been evidence in political trials, inquests, or applications for damages or for orders restraining the police from assaulting detainees. Evidence has also been collected and collated by organisations monitoring the treatment of detainees. In October last year the DPSC, noting that the police had repeatedly denied allegations of torture, drew attention not only to the consistency of the allegations but also to the fact that between 1962 and 1983 the government paid a total of over R5.5 million to cover the costs of 717 settlements for assault by the police. Of these totals, 456 cases and over R5 million had been in the period 1979-1983. (Star 8.2.86)
Two recent examples involve cases previously reported in FOCUS. In September the Minister of Law and Order agreed to pay legal costs to Dr Wendy Orr and 42 others who had brought a case twelve months earlier alleging that emergency detainees in two prisons in Port Elizabeth were systematically and brutally assaulted by police. In November he agreed to pay R27,000 to the family of Mphiwa Abel NGWENYA who died in detention on 21 November 1984 at the age of 31. Two policemen were charged in October 1985 with culpable homicide in connection with his death, but were acquitted on the ground that it was possible that the death was the result of an epileptic seizure as the police claimed. (DD 13.9.86; S 13.11.1986; see also FOCUS 58 p.6 and 63 p.4)
The evidence in the courts has been supplemented with information collated by voluntary monitoring organisations.
Monitoring by the DPSC in the recent past has revealed that all of the regime's armed forces were involved in violence: 'Where arrests, assaults, torture and shootings are reported, the SAP, the SADF, security police and municipal police feature with equal regularity and are reported to be using the same tactics. (S 23.10.86)
A group of Johannesburg doctors who examined a total of 40 released detainees said in September that over 80 per cent 'showed clinical symptoms compatible with their allegations of physical abuse or injury'. Others who alleged physical injury but showed no clinical signs of it were examined a long time after their release. Most of those seen (90 per cent) reported details of being hit with a rifle butt, beaten with a whip or heavy stick, or being punched, kicked or slapped. A quarter complained of being stripped and suffering assault to their sexual organs. Eight of the forty former detainees said they were given electric shocks and three that they had had a canvas bag or hood pulled over their heads during interrogation.
One of the doctors involved emphasised that 'the psychological stresses of detention are severe and must be seen as at least as important as the physical injuries'. He said that 95 per cent of those examined showed signs of Post Traumatic Stress syndrome as defined by the American Psychiatric Association. (Star 29.9.86)
In an article also published in September in the South African Journal on Human Rights a psychiatrist described detention itself as 'torture without violence'. He said it caused undeniable psychological distress with the psychiatric effects of depression, anxiety or acute psychotic reaction. (Star 27.9.86)
DEATHS IN POLICE CUSTODY
- Jacob MAHLANGU An alleged ANC member was shot dead in a police vehicle on 11 September 1986. The police alleged that Mahlangu, who had been arrested in the southern Orange Free State the day before, had confessed to being an ANC member the morning before his death. They said that when he was shot he was on his way with two detectives to point out arms caches and accomplices near Pretoria. Although he was in leg-irons and handcuffs he had, according to the police, grabbed a police pistol on the front seat of the police vehicle and shot at the detectives with him. One of them had shot him dead. (DD 13.9.86)
- Mbyisa SONGELWA (29) A former Robben Island prisoner died in an East London prison while awaiting trial on charges of subversion, 'terrorism' and membership of the ANC and South African Communist Party. Songelwa was head of the Queenstown branch of the DPSC and a community leader. He suffered an asthma attack in the night and although his cell-mates made numerous attempts to alert the prison authorities, he was only attended to the following afternoon. He had been in custody for 310 days, initially detained under Section 50 of the Internal Security Act and then as an awaiting-trial prisoner.
The Queenstown magistrate placed restrictions on his funeral, requiring that it take place indoors with only two speeches and prohibiting the display of any emblems or representations of any organisation, movement or person. (WM 9.10.86; DD 17/18/20.10.86)
- Xoluso Johannes JACOBS (20) A detainee held under the emergency regulations died in a prison cell in Upington on 22 October. Jacobs, a member of the youth organisation in Pabalelo township in Upington who had been detained on 15 June 1986, was found hanged in his cell, according to the prison authorities. Fellow detainees said that Jacobs had been strong and in good spirits when they last saw him seven hours before his death. His aunt said that she could not accept the circumstances of his death. (DN/WM 24.10.86)
TRANSKEI BANTUSTAN
Many of the detentions listed in this issue occurred in the Transkei bantustan. The detention of a number of people in September was believed to have been in connection with an armed attack on a police station in Umtata in July 1986. Also in September over 50 school and university students were detained apparently in connection with demonstrations and other activities organised to commemorate the death in detention of Steve Biko on 12 September 1977 and the killing by police of Batandwa Ndondo on 24 September 1985. At the end of October an employee of the South African Council of Churches and three employees of the bantustan department of education were said to have been detained in connection with the possession and copying of leaflets advocating a boycott of the tenth anniversary celebrations of the 'independence' of the bantustan. (AI 22.10.86, 6/24.11.86; DD 5.11.86)
As on many previous occasions, the bantustan authorities have also recently banished several people from the area. These included two University of Transkei students banished at the beginning of September, Zola BADAZA from Cradock and Mthobeli TENGIMFENE from Mdantsane. (DD 16.9.86) Melanie ALPERSTEIN, who had replaced Batandwa Ndondo as a Health Care Trust worker was banished on 9 October. Vijay MAKANJEE was banished on 17 October - he was a communi-cations officer at the Institute of Management and Development Studies, whose director Peter WAKELIN had been detained on 10 Oc-tober.(ST 12.10.86; DD 17/18.10.86)
Six friends and relatives of Ndondo who were detained shortly after his death and subse-quently banished within the bantustan, had their orders lifted. The Supreme Court in Umtata ordered that the restrictions on the six, Dumisa and Lungisile NTSEBEZA, Godfrey Meluxolo SILINGA, Victor NGALEKA, Zingisa MKHA-BILE and Monde MVIMBI be withdrawn.(DD 14/21.10.86; FOCUS 62 pp.6,11)
DETAINEES — Additional to previous FOCUS lists
11.8.66 TPSA Wellington Charged: pass of Freedom Charter TSHIRANG, Xolani (17) Pupil Charged TSHIRANG, Andile (16) Pupil Charged 30.6.86 ISA 29 Durban MAGONGA, Abed UDF, KwaMashu NZAMA, Sifiso UDF. Pupil 1.7.86 ISA 29 Durban PIERCE, Alan (19) 11.7.86 ISA 29 Durban CURTIS, Kevin WIP 19.7.86 ISA 29 Durban LE CORDIE, Matthew (21) 21.7.86 TPSA Transkei LUSIZE, Noluthando 21.7.86 TPSA Transkei NDLANGISA, Justice Articled clerk 22.7.86 TPSA Butterworth SANGQU, Chuma Teacher. Reported tortured SANGQU, Zama Teacher SANGQU, Baso Natal University student 27.7.86 TPSA Transkei MAPIPA, William MBEKENI, Thobile 28.7.86 TPSA Centane KANTOLO, Leo Rubusana (52) 29.7.86 TPSA Wellington BUTHUMA, Welile Former policeman Rel.Aug.'86 SIMUKU, Villiers 30.7.86 TPSA Wellington Armed attack on Umtata police station –, Michael Law student Rel.4.8.86 MGOALISO, Mpati Student Rel.4.8.86 NGONZO, ‘Rasta’ Student Rel.4.8.86 THENGIMFENE, Mthobeli UNITRA Rel.4.8.86 VABAZA, Zuko (21) UNITRA student Rel.13.9.86 31.7.86 Queenstown Charged with ‘terrorism’ GWADANA, Fikile Employed Queenstown hospital Aug.'86 TPSA Umtata MATAKANE, Elliot Student nurse 12.8.86 TPSA Transkei JADEZWENI, Mlamleli Bantustan official NDARA, Menzisi 13.8.86 TPSA Transkei MENYE, Nqabeni (45) Furniture salesman 14.8.86 TPSA Butterworth SANDA, Mzwabantu (32) Electrician 15.8.86 TPSA Transkei SIHAWU, Mluleki 20.8.86 TPSA Transkei MAYAPHI, Zonwabele (22) Civil servant 27.8.86 TPSA Umtata Charged: theft of curfew reg. documents NOMBE, Lungisa Rel.12.9.86 27.8.86 TPSA Transkei NOWALALA, Balekile (50) Security guard 27.8.86 ISA 29 Worcester After three months in hiding TYAWANA, Christopher (24) Zwelethemba YO 28.8.86 2.9.86 BISA Boph. Hospitalized with broken jaw while detained NTSEKI, George Seoposengwe Youth Alliance 2.9.86 TPSA Sterkspruit NTSIMBI, Dumisani Nyangi 2.9.86 TPSA Umtata Court order restraining police from assault STEMILE, Misile School teacher 2.9.86 TPSA 47 Cala Commemoration of Steve Biko, Batandwa Ndondo XHALI, Mthetho Pupil 5.9.86 TPSA Umtata Court application alleging assault QINA, Dumisani 5.9.86 Transkei ZOTE, Magcina 5.9.86C Transkei ZOTE, Edgar Brother of Magcina ZOTE 9.9.86 Transkei ZOTE, Mongami Cousin of Edgar ZOTE 10.9.86 ISA 29 Pretoria Shot allegedly trying to escape. See DEATHS MAHLANGU, Jacob Allegedly ANC Died 11.9.86 12.9.86 TPSA Umtata MAKHWENTU, Clarence Rep.20.9.86 NSA Ciskei Court application for their release 16 unnamed residents of Hewu Rep.22.9.86 BISA Boph. After acquittal in trial. Torture alleged 24 unnamed youths Seoposengwe YA Rep.24.9.86 TPSA Cala Commemorating death of Batandwa Ndondo 60 unnamed Cala students Rep.26.9.86 BISA Boph. Death of bantustan police officer in June Three unnamed people Rep.2.10.86 TPSA Umtata Boycott of ‘independence’ celebrations MAYEKISO, Xolise Transkei Dept. of Education MAYEKISO, Mhlanganiseni Transkei Dept. of Educ. NOMNGANGA, Mabona Transkei Dept. of Education Rep.8.10.86 TPSA Umtata WAKELIN, Peter Dir. IMDS; British citizen Rep.16.10.86 NSA Alice (Ciskei) ALBERTINI, Pierre Uni. of Fort Hare lecturer GQIBOTOLE, UDF STOFILE, Michael UDF. A. Stofile's brother STOFILE, Rev Arnold UDF Rep.22.10.86 TPSA Cala HLATUKA, Andile Pupil KAYINGANA, Sonwako AZAPO. Prev. detained Rep.22.10.86 TPSA Umtata MTHIKELELI, Zolo UNITRA student 50 unnamed UNITRA students Rep.23.10.86 ISA 29 Durban Bomb explosions in August, December 1985 Two unnamed alleged guerillas Allegedly ANC Rep.24.10.86 ISA 29 W Cape BELANI, Matthew DYONTA, Thobile MACANDA, Norman Siseko MAMANE, Makhosondile MSIZI, Melvin SAMUEL, Hans Rep.24.10.86 NSA Ciskei STOFILE, UDF. Sister of Arnold STOFILE Rep.31.10.86 TPSA Umtata In offices of Transkei CC. Rel. by 23.11.86 HILLS, Larry Transkei CC NTWASA, Clarison Transkei CC QULU, Nozizwe Transkei CC TOM, Brenda Transkei CC Rep.31.10.86 TPSA Umtata Boycott of ‘independence’ celebrations TYHALI, Nomonde Transkei CC ZUNGULA, Ntontomkele TCC Rel. Rep.12.11.86 Mdantsane Stopped in car in Mdantsane MBINDA, Vuyani AAWU Organiser Rel. MODIGA, Molefe AZANYU Pres. Rel. NGCUKANA, Cunningham AAWU Rel. NIKIWE, Reginald AAWU. Previous dets. Rep.17.11.86 NSA Sada Sada residents. Redet. on rel. from det. BOYANA, - GOMBA, Wellington JAMES, Mengo JAMES, Angela JAMES, Thembekile KEKA, Christiaan MAJIZA, Phumlani MALOBOLA, Xolile MAYEKISO, Sheperd MBOLOMPO, Butise MDLALO, Dlamini MODI, James MTHABATHI, Isaac MVANA, Mthetheleli MYATAZA, Daluxolo Rep.17.11.86 NSA Sada OLIPHANT, Todd OLIPHANT, Bereng Rep.21.11.86 NSA Ciskei MKOPOLA, X Former bantustan official Rep.22.11.86 MLOA Venda FARISANI, Rev T C Lutheran Church TAVENIER, Dr Daniel Doctor from Holland ZOMMERDYK, Dr Jan Doctor from Holland
FORMER EMERGENCY DETAINES
Detained under the emergency regulations and transferred to ISA 29 at various dates APPLEGREN, Greta WIP Durban - charged APPLEGREN, Janet WIP Durban BOTHA, Solomon - W.Cape CASSIM, Nazzim WIP Durban DLAMINI, Bongani Krugersdorp RO DU PREEZ, Antonio - Durban GENU, Mosothu Isaac (33) Krugersdorp RO MAKGOTHLO, Dikeme Joe Krugersdorp RO MAYEKISO, Moses MAWU Gen. Sec. Johannesburg MCBRIDE, Derrick (50) Father of R. McBride MCBRIDE, Robert (23) Durban: Charged NCUBE, Sr Bernard Catholic Ch., FEDTRAW, KRO
ABBREVIATIONS
Laws: BISA - Bophuthatswana Internal Security Act; ISA - Internal Security Act; MLOA - (Venda) Maintenance of Law and Order Act; NSA - (Ciskei) National Security Act; TPSA - Transkei Public Security Act
Organisations: AAWU - African Allied Workers' Union; AZANYU - Azanian National Youth Unity; AZAPO - Azanian People's Organisation; CC - Council of Churches; FEDTRAW - Fed. of Transvaal Women; IMDS - Inst. of Management & Development Studies; MAWU - Metal & Allied Workers Union; RO - Residents' Org.; UNITRA - Univ. of the Transkei; WIP - Wentworth Improvement Project; YA - Youth Alliance; YO - Youth Org.
