At the beginning of June some 36 acts, proclamations and ordinances in force in Namibia were repealed and a further ten amended by Proclamation AG 14 of 1989, issued by the South African Administrator-General. This by no means removed all discriminatory and repressive legislation as provided for in UN Resolution 435, but it took some of the most notorious legal weapons from the hands of the South African regime. The changes did not affect laws covering Walvis Bay, and an amnesty declared at the same time came under criticism for its limitations.
At a press conference announcing the measure Martti Ahtissari, the UN Special Representative, emphasised that discussions were continuing on further laws to be amended, while the Administrator-General stated that he believed all laws that 'may abridge or inhibit the objective of a free and fair election' had been covered.
South African legislation which was extended to Namibia and is now totally repealed included the Internal Security Act (1950), the Terrorism Act (1967) and the General Law Amendment Act (1962) (which made sabotage a capital offence). These laws have been used to detain and charge political opponents but many recent trials have been under the common law, in terms of the 1977 Criminal Procedure Act. This has been left intact. Also repealed however were the Unlawful Organisations Act (1960) and the Public Safety Act (1953), under which the regime was empowered to impose a State of Emergency.
Repealed in full was the Security Districts Proclamation AG 9 of 1977 which, together with all its subsequent amendments and extensions, has been used to impose a curfew in northern Namibia, to restrict access to certain areas and to detain without trial. So was AG 26 of 1978, the Detention of Persons in Order to Prevent Political Violence and Intimidation Proclamation.
There was no change to the Police Act (1958) and only amendments to the Defence Act (1957). Newspapers reported these as ending conscription but they may not be fully comprehensive. Section 103, which granted immunity to soldiers for actions carried out 'in good faith' for the prevention of 'terrorism', was repealed.
The situation regarding public gatherings remained unsatisfactory. The Prohibition and Notification of Meetings Act of 1981 was repealed but the Riotous Assemblies Act (1956) was only amended. Subsequently it was reported that the Administrator-General would introduce further legislation to control public gatherings.
Whilst the Deportation of Undesirable Persons from South West Africa (SWA) Proclamation of 1962 was repealed, the more recent Residence of Certain Persons in SWA Regulation Act (1985), which also controls the entry of people not born in Namibia, remained virtually intact. Exemption from the law was extended to include the children and spouses of people born in Namibia.
Another act which remained partly in force is the Protection of Fundamental Rights Act, promulgated in 1988 and challenged in the Windhoek Supreme Court, where Section 2, which outlawed any action in support of a boycott or stayaway, was invalidated in February this year. This section was repealed but Sections 3 and 4 remained in place. These are supposedly aimed at preventing the use of violence in furtherance of boycotts or stayaways and give the police wide powers to search and detain. Conviction brings a prison term of up to ten years or a fine of R20,000.
The question of availability of literature is clearly of key importance in the election period. Yet the limited amendment to the Publications Act of 1974, the main vehicle for suppression of SWAPO material, was criticised as inadequate by a SWAPO press statement issued on 8 June. As recently as the end of May a number of documents from the SWAPO Youth League, SWAPO Women's Council and PLAN were banned.
The Intimidation Act remained in force as did two other pieces of legislation extended to Namibia with it in 1985: the Demonstrations in or near Court Buildings Prohibition Act and the Protection of Information Act. On 15 June, Junius ANDREAS (25) of Okahandja was fined R1,800 or 18 months' imprisonment after being convicted under the Intimidation Act. In July the Administrator-General announced plans for further legislation against intimidation.
SWAPO drew attention to the need for the repeal of further sections of the Post Office Act (1958) and the total repeal of the National Intelligence Act (1987) which both allow 'surreptitious information-gathering' incompatible with conditions necessary for the holding of free and fair elections.
A subsequent proclamation made retrospective to 1 March, formally abolished the Multi-Party Conference administration which stepped down on that day. A number of constitutional laws were repealed but other legislation enacted by the MPC remains in force.
The repeal of laws was accompanied by Proclamation AG 13, the Amnesty Proclamation. The amnesty covers people of Namibian birth, their children and spouses, providing they were living outside Namibia immediately prior to 6 June 1989 and subsequently return to the country via designated entry-points. They are granted immunity from prosecution for any 'criminal offence' committed either in Namibia or elsewhere. This also covers any court actions already begun.
The amnesty provides no immunity from civil prosecution. In May seven policemen issued a summons against SWAPO claiming damages of nearly R5m for injuries sustained during battles with guerrillas in April. SWAPO and two of its leaders, Nico Bessinger and Jerry Ekandjo, were cited as respondents.
SWAPO criticised the amnesty for failing to indemnify people who might return to Namibia after the closure of the designated entry points. Under the Proclamation any variation from the stated qualifications is at the discretion of the Administrator-General.
A crowd of four hundred SWAPO supporters gathered outside Windhoek prison on 20 July to welcome twenty-three political prisoners released by the South African authorities. Their release, and that of a twenty-fourth prisoner in the north of the country, had been delayed by the Administrator-General who refused to recognise the political status of 11 of the prisoners named by the UN. At least six convicted political prisoners and two people awaiting-trial were refused amnesty.
Those released included Markus KATEKA, the longest serving prisoner, who was condemned to death in October 1980 and had his sentence reduced to 17 years on appeal. Frans ANGULA expressed the prisoners' sadness that some of their comrades had not been freed while Evans Salwindi SIMASIKU revealed that they had written to the Administrator-General just two days previously querying their continued imprisonment.
At least four of the political prisoners listed in FOCUS 82 (p.10) were refused release: Paulus KAPUMBURU, sentenced for a landmine explosion; Leonard NAFTALI, kidnapped by UNITA in Angola and handed over to the SADF; Afunda NGHIYOLWA, convicted following a bomb attack on a bank and Paulus ANDREAS, sentenced in March this year for sabotage at a Windhoek car park and shopping centre. Apparently Andreas and Nghiyolwa are held in the 'security' section of Windhoek prison while Naftali and Kapumburu are held with non-political prisoners.
