Following the meeting in Pretoria on 6 August between the government and the ANC a joint working group set up after earlier talks was reconvened to draw up a plan for the release of ANC-related prisoners. In the meantime attention was focused on those prisoners who could be released 'administratively' from 1 September onwards as laid down in the Pretoria Minute, issued after the meeting.
The working group presented its recommendations on schedule by the end of August although these remained confidential. ANC officials were expected to visit prisons to establish who was in jail. Senior ANC leaders have visited political prisoners on a number of occasions since February including a visit by Nelson Mandela to Robben Island on 9 October.
Press reports suggested that 125 prisoners would be released 'administratively' between 1-14 September but the source of the information remained unclear. Nor were the criteria for such releases spelled out. Many reports indicated they covered those who had served more than two-thirds of their sentences, the period which would qualify a non-political prisoner for parole.
The report of the joint working group, which was accepted at Pretoria, made it clear that those cases prioritised for release in May under the Groote Schuur Minute — for 'any offences related merely to organisations which were previously prohibited' — included members of Umkhonto we Sizwe. Those freed since then have included ANC combatants convicted of terrorism and treason as well as people convicted of public violence and arson.
On 8 October President De Klerk announced that he had used his powers to release 45 prisoners since 6 August. A further 21 were freed two days later. Released prisoners as well as relatives and supporters of those still inside, were concerned at the slow pace of the process and continued to put pressure on the government to free all political prisoners. Relatives of prisoners presented a protest letter to the United States embassy in September and later occupied the building to urge the us government to highlight the continued imprisonment of political activists during De Klerk's visit there in September.
Anxiety over the pace of releases was increased by the circumstances under which some prisoners had been freed. The Prisons Service often failed to give advance notice of release to either the prisoners concerned or to those intending to meet them. On 3 September police equipped with barbed wire and using dogs were deployed at the harbour in Cape Town where people had gathered to welcome prisoners off Robben Island. The prisoners were then released at another quay, contrary to all previous practice.
Conditions: The vast majority of political prisoners remain in jail, where maltreatment, denial of basic rights and poor conditions persist. The condition of elderly and sick prisoners raises special concern.
Some elderly prisoners are now in poor health. Matthews MEYIWA (65) has served 13 years of a life sentence and has diabetes. James NGQONDELA (61) and Douglas TYUTYU (55), who in 1984 were sentenced to 13-year and 25-year terms respectively, both suffer from hypertension. Another prisoner suffering from the same condition, Mawhidi John PHALA, was recently released. Zamuxolo NOJOKO, who spent a month in hospital prior to his release on 13 September, had previously participated in a hunger strike in July demanding better medical treatment.
In May, Nelson Mandela and Ahmed Kathrada visited seven political prisoners in Pollsmoor Prison who have all been diagnosed as HIV positive. Kathrada told the press that they had been 'trying to secure their release for a long time' and were concerned about the conditions in which they were held. In August, six were transferred to prisons nearer their homes and the other was admitted to hospital. It is thought that at least one prisoner suffering from the virus has died in custody.
The case of Litha Timothy MLAHLEKI, a political prisoner now held on Robben Island, has shown that not all political prisoners get the same treatment. Mlahleki, who was shot on arrest, began a 42 year sentence in November 1978 when he was only 19 years old. He was convicted on charges of sabotage and attempted murder arising from attacks on police. For 12 years he has been held in several prisons and has resorted to hunger strikes on numerous occasions.
In June, his family wrote to the Minister of Justice demanding that he be released immediately or given the 'same treatment as other political prisoners'. Since 25 March, Mlahleki has been refusing to receive any visitors in protest against the authorities' refusal to permit him contact visits on the grounds that he is not a 'notch 4 prisoner'. According to Jeffery RADEBE, released from Robben Island on 9 June, prisoners on the highest privilege grade (notch 4) are allowed 35 contact visits of 40 minutes each year. Mlahleki's family questioned the criteria used by the authorities to grade prisoners and said he needed contact visits for his 'physical and mental wellbeing'.
Mlahleki has frequently been harassed and assaulted by warders. His arm was scarmed by a police dog which attacked him in his cell at Brandvlei prison during 1987-88. He has faced legal proceedings in prison as well as periods in solitary confinement arising from warders' allegations against him. Charges of assault and disobedience which were due to be heard in court in July 1989, are apparently still pending. He has been unable to study and his letters have been censored.
In another example of harsh treatment by the prison authorities, two brothers serving terms on Robben Island, Lizo and Phumlani NGQUNGWANA, were refused permission in August to attend their mother's funeral.
We call on all peace-living South Africans to support the peace initiative . . . we also urge the Government to move fast in removing all obstacles so negotiations can begin in earnest. (Vronda Banda, released from Robben Island on 10 October)
Appeals: On 17 August two political prisoners were freed and six co-defendants had their convictions and sentences reduced on appeal. They were convicted of murder on 24 June 1987 arising from the killing of a suspected informer in 1985. Those released were Solomon MOTAAGAE, who had his conviction and 15-year sentence overturned completely, and Phineas MASEKO who had a 10-year sentence reduced to a three-month suspended jail term for common assault. The others had their murder convictions reduced to attempted murder. Life sentences imposed on Linda HLOPE, Sannah TWALA and Daniel MBOKWANE were reduced to 10 years. Matlakala Elizabeth MOTAUNG had a 10-year sentence reduced to six years of which two were suspended. A young boy, who was too young to be named during the trial, will now serve eight years instead of 12. Lorraine SOBUZI had a ten-year sentence reduced, but the length of sentence now to be served was not reported. It was later reported that Motaung was released early, on 23 August.
ANC member Bhekokwakhe Hamilton CELE was freed from Robben Island on 1 August after an appeal. A four-year jail term was imposed on Cele in June 1989 for undergoing and recruiting others to undergo military training.
Charles BESTER was released from Kroonstad prison on 13 August 1990. He was sentenced to six years imprisonment on 5 December 1988 for refusing to serve in the SADF but this was reduced on appeal to 20 months, which he had already served.
