A survey of race relations in South Africa: 1977
October 30, 2017 | Author: Anonymous | Category: N/A
Short Description
Students (144), black consciousness leaders (146), journalists. (146) .. Tswana governments (326 ......
Description
A survey of race relations in South Africa: 1977 http://www.aluka.org/action/showMetadata?doi=10.5555/AL.SFF.DOCUMENT.BOO19780000.042.000
Use of the Aluka digital library is subject to Aluka’s Terms and Conditions, available at http://www.aluka.org/page/about/termsConditions.jsp. By using Aluka, you agree that you have read and will abide by the Terms and Conditions. Among other things, the Terms and Conditions provide that the content in the Aluka digital library is only for personal, non-commercial use by authorized users of Aluka in connection with research, scholarship, and education. The content in the Aluka digital library is subject to copyright, with the exception of certain governmental works and very old materials that may be in the public domain under applicable law. Permission must be sought from Aluka and/or the applicable copyright holder in connection with any duplication or distribution of these materials where required by applicable law.
Aluka is a not-for-profit initiative dedicated to creating and preserving a digital archive of materials about and from the developing world. For more information about Aluka, please see http://www.aluka.org
A survey of race relations in South Africa: 1977 Author/Creator
Gordon, Loraine; Blignaut, Suzanne; Moroney, Sean; Cooper, Carole
Contributor
Muriel Horrell
Publisher
South African Institute of Race Relations, Johannesburg
Date
1978-02
Resource type
Reports
Language
English
Subject Coverage (spatial)
South Africa, South Africa, South Africa, South Africa
Coverage (temporal)
1977
Source
EG Malherbe Library
Description
A survey of race relations in South Africa in 1977 and includes chapters on: Political developments - the National Party; Re-alignment of White opposition Parties; Political developments - Indians; Inter-cabinet Council; Black political activity outside Government structures; The churches; Lay organizations working for better race relations; Population of South Africa; Civil unrest; Defence; Administration of Justice, Police and Prisons; Administration of security legislation; Control of the media; Empliyment; The African homelands; Urban African Affairs; Amenities for Black People in the common area; Group areas and housing for the White, Coloured and Asian people; Education; Technical and vocational training; University education; Bursaries and scholarships; Health; Social welfare; Sport, International matters
Format extent (length/size)
651 pages
http://www.aluka.org/action/showMetadata?doi=10.5555/AL.SFF.DOCUMENT.BOO19780000.042.000
http://www.aluka.org
sot
af
r
*a
ofrc
inttt
reltiIn åUVB
RAC
IN
SOUT
or
REATON
APRI
A SURVEY OF RACE RELATIONS IN SOUTH AFRICA
Compiled by LORAINE GORDON SUZANNE BLIGNAUT SEAN MORONEY CAROLE COOPER Research staff South African Institute of Race Relations With contributions by MURIEL HORRELL
I
SOUTH AFRICAN INSTITUTE OF RACE RELATIONS JOHANNESBURG
P.O. BOX 97 FEBRUARY 1978
ACKNOWLEDGEMENTS Very grateful thanks are expressed to the Rockefeller Brothers Fund, which again made a handsome grant to the Race Relations Research and Library Trust towards the cost of producing this issue of the Survey of Race Relations, and tol a new donor for the same purpose, the Algemeen Diakonaal Bureau of the Reformed Churches in the Netherlands. The compilers of the Survey are enormously indebted to the know ledge and experience of Dr. Ellen Hellmann, who read and commented on the manuscript, and to, the meticulous and patient hard work of Mrs. Ann Honeywill, who checked the proofs. Sincere gratitude is also owed to other members and supporters of the Institute, who assisted greatly by commenting on portions of the manu script, providing the maps and contributing information. Members of Parliament, government officials, university staff and members of various organisations in the community also kindly helped by providing information. Grateful thanks are expressed, too, for the hard work and assistance of members of the Institute's staff, and the co-operation of the printers, The Natal Witness (Pty) Limited.
NOTE All dates mentioned refer to the year 1977 unless otherwise stated.
ISBN 0 86982 163 6
Printed by THE NATAL WITNESS (PTY) LTD 224 Longmarket Street, Pietermaritzburg, Natal.
CONTENTS Page POLITICAL DEVELOPMENTS: THE NATIONAL PARTY
Matters of major concern during 1977 ......................... I New constitutional plan ... ........... ....... ........... ... 7 Reactions to new constitutional plan (9). Announcement of a general election ........................ 10 Reactions to this announcement (10). RE-ALIGNMENT OF WHITE OPPOSITION PARTIES
Possibility of creating a united opposition ..................... The "Marais Committee" proposals ............................ Reactions in the United Party ............................ Discussions between the PRP and the UP and DP .......... Further repercussions in the UP ... ... ... ... ... ... ... ... Formation of the New Republic Party (NRP) .................
12 12 14 15 16 17
Formation of the South African Party
18
... .................
Formation of the Progressive Federal Party (PFP) State of the parties after the re-alignments
............. 19
................. 20
Herstigte Nasionale Party ....... ........... ....... ........... 20 Results of the General Election ............................ 21 POLITICAL DEVELOPMENTS: THE COLOURED POPULATION GROUP
Commission of Inquiry into matters relating to the Coloured Popula
tion Group ... ........... ....... ........... ....... ... 22 Employment (22), Group Areas in Cape Town (23), Education (23), Cultural and scientific organisations(23), Sport and enter tainment (24), Reactions to the Government's decisions (24). Funds voted for Coloured Affairs ............................ 25 Proceedings of the Coloured Representative Council .............. 26 POLITICAL DEVELOPMENTS: INDIANS
Composition and powers of the South. African Indian Council ....... 27 Election procedure for Indians ....... ....... ........... ....... 27 Registration of voters ... ........... ....... ........... ....... 28 Political parties
....... ....... ....... ........... ... ... ... 23
INTER-CABINET COUNCIL
..............................
30
BLACK POLITICAL ACTIVITY OUTSIDE GOVERNMENT STRUCTURES
Black consciousness organisations ... ... .... ... ... ... ... ... Students representative councils. ......................... The Soweto Committee of Ten ............................ Inkatha ........................................... Black Unity Front ... ... ... ... ... ... ... ...... ... .... Institute of Black Studies (38). Political M ovements in exile ... ....... ........... ....... ... THE
31 34 35 36 37 38
CHURCHES
South African Council of Churches ......................... 40 Integration of private church schools ........................ 40 Compulsory service in the armed forces ..................... 41 Attendance of black worshippers at churches in white areas ... ... 42 Christian Institute of Southern Africa ....................... .3 Nederduitse Gereformeerde Kerk ............................ 43
A SURVEY OF RACE RELATIONS, 1977
iv
LAY ORGANISATIONS WORKING FOR BETTER RACE RELATIONS
... ... ... ... S.A. Institute of Race Relations The Urban Foundation ..... houses in Soweto Possible supply of electricity Women for Peace ...... National Council of Women of South Africa .. . .. . .. . .. . . K on tak ... ... ... ... ... .. .. ...... Federation of Black Women of South Africa ............ Womens' Legal Status Committee ........... Black Womens' Legal Status Committee W omens' Action Council ... ... ... ... ... ... POPULATION OF SOUTH AFRICA
............ Estimated mid-year population, 1976 Vital statistics ........... Forecast of population in the year 2000 U rban population ... ... ... ... ... ... ... ... ... ... ... ... ...... Age distribution Race classification ............ Immorality and mixed marriages CIVIL
UNREST
...... Riots in the Cape - December 1976 ...... 1977 - Unrest in African schools March 1977 - Heroes' Week ............ ... Confrontation between the SSRC and UBC June 1977 Continued unrest ... ... ... ... ... ... ... ... September - collapse of seco'darv education October - boycott of schools spreads (78). ... ... ... ... ... ... The Cillie Commission
Soweto (75),
DEFENCE
............... Expenditure and financing Defenice force personnel ............ Defence force equipment ... ... ... ... ... ... ...... Defence Amendment Act No. 35 of 1977 Parliamentary debate (88). Second Defence Amendment Act No. 68 of 1977 ... General ... ... ... ... ... ... ... ... ... ... Civil defence. Civil Defence Act 67/1977 ......... ADMINISTRATION OF JUSTICE, POLICE AND PRISONS
E xpenditure
...
...
...
...
...
...
...
...
...
... . ... 92
Criminal statistics Crime in some areas of high population density Soweto, Cape Peninsula (94). Comment on crime ... ... ... ... ... ... ... ... ... ... ... ... Justice department personnel .............. Viljoen Commission report SA Law Commission ... ... ... ... ... ... ... Corporal punishment ... ... ... ... ... ... ... Capital punishment ... ... ... ... ... ... ... M akgotla ... ... ... ... ... ... ...... Criminal Procedure Act No. 51 of 1977 Comments on the implementation of the Act
92 ... ... ... ... 9 4
JUSTICE
... ... ... ... ... ... .1..... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .I..... ... ... ... ... ... ... ... . ...
94 95 95 97 97 98 98 99 101
CONTENTS
V
Lower Courts Amendment Act, No. 91 of 1977 ................ Inquests Amendment Act No. 46 of 1977 .................... Legal A id ... ... ... .... ... ... .... ... ... ... ....
...
...
102 103 103
POLICE
Personnel ......................................... Police Amendment Act ... Indemnity Act No. 90 of 1977 .. ..................... Conduct of the police, 1976 ... ... ... .... ... ... ....... Prisoners in police custody ... .... ... ... ....... ... ... Role of the police during unrest: general ................... Police conduct: December unrest in Cape Peninsula ............. Police conduct: 1977 unrest ... ... .... ... ... ....... ... Police casualties ... ... ... .... ... ... .... ... ... ... ....
... ... ... ...
105 106 107 108 110 111 112 114 114
PRISONS
Expenditure on prisoners .... ... ... ....... ... ... Personnel ......................................... Conditions in prisons ... .... ... ... ... .... ... ... Amendment to prison regulations .......................... Prison labour. ... ... ... ... .... ... ... ... .... Social work and spiritual care ... .... ... ... ....... Prisons Amendment Act No. 88 of 1977 ................... Robben Island ... ... ... ... ... ... ... ... ... Reading m aterial ... .... ... ... ... .... ... ... .... Compassionate release ....... ... ... .... ... ... ... Calls for the release of political prisoners ....................
.......
...
....
...
...
... ...
... ...
... ...
... ... ....
... ... ...
... ... ...
115 115 115 116 117 117 177 118 120 121 121
ADMINISTRATION OF SECURITY LEGISLATION
General .. ......................................... 122 Legislation ....................................... 122 General matters related to security legislation ............... 122 Prohibition of gatherings .... ... ... ... .... ... ... .... ... ... 123 Restriction orders on persons .... ... ... ....... ... ... ....... 123 Bannings during 1977 (124). Prosecutionsin terms of banning orders (126). Banishment and removal orders .......................... 127 Travel documents ... ... .... ... ... ... .... ... ... ... .... ... 128 Political exiles ..................................... 129 Security trials during 1976-1977 ... ....... ... ... .... ... ... 130 Statistics (131), Individual trials (132). Detentions during 1976 ... .... ... ... ... .... ... ... ....... 143 Detentions during 1977 ... .... ... ... ... .... ... ... ....... 144 Students (144), black consciousness leaders (146), journalists (146), churchmen (147), other (148). Detainees as witnesses ... ....... ... ....... ... ... ....... ... 149 Deaths in security detention ... ... .... ... ... ... .... ... ... 150 Comments on detention without trial ...................... 164 Detentions in Transkei ....... ... ...... ... ... ... .... ... 167 Banning of organisations ... ... ... ....... ... ... .... ... ... 168 Detentions of 19th October ... ... .... ... ... ... .... ... ... 169 Bureau of State Security .... ... ... ....... ... ... ....... ... 169 The security police ... .... ... ... ... .... ... ... ... .... ... 170 Political violence and sabotage ... ... ....... ... ... .... ... ... 170 Right wing intimidatory action .......................... 172 CONTROL OF THE MEDIA
Statistics on control of publications, 1976 Publications Amendment Act, 79 of 1977
.................... ...................
173 174
vi
A SURVEY OF RACE RELATIONS, 1977
Matters relating to the administration of the Publications Act ....... Local authority action ... .... ... ... ... .... ... ... ....... Press control ... ... ... .... ... ... ..... Banning of the World and Weekend World (179). Developments in Black journalism .......................... SA Broadcasting Corporation ..............................
175 178 178 180 180
EMPLOYMENT
The economic situation ... ....... ... ... .... ... ... ... ... Foreign investment ... .... ... ... ... .... ... ... .... ... ... General (184), United Kingdom (186), America (188), Western Europe (193), EEC (194), SACC code (196), Urban Founda tion Code (197). Foreign trade ... .... ... ... .... ... ... ... .... ... ... ... Cost of living ... ... ... .... ... ... ... .... ... ... .... ... M inimum living standards ... ... ... ... ... ... ... ... ... ... JCC (202), Institute for Planning Research (203). Income levels and wages ................................ Wage regulating machinery (209). Economically active population .......................... Unemployment .... ... ... ... .... ... ... ... .... ... ... ... Unemployment insurance ....... ... ... .... ... ... ....... ... Labour bureaux ... ... ... .... ... ... ... .... ... ... ... ... M igrant labour ... ... .... ... ... ... .... ... ... .... ... ... Reservation of work .... ... ... ... .... ... ... ....... ... ... Manpower needs and shortages .......................... Apprentices ....................................... Employment in manufacturing industry ......... ...... ...... Iron, Steel, engineering and metallurgical (235), Clothing (237), Textile (240), Motor (242), Chemicals and Products (243), Other (244). Decentralisation of industry ...................... ..... Concessions (247), non-growth points (249), employment (250), Environment Planning Act (250). Indian Industrial Development Corporation .................... Coloured Development Corporation .......................... Agriculture ... .... ... ... ... .... ... ... ... ... ... ....... Domestic workers .................................... Mining ... ... .... ... ... ... .... ... ... ... .... ... ... ... Construction ... ....... ... ... .... ... ... ......... ...... Finance and commerce ... ................. ... ...... .. Employees in the service of public administration ............ Central government (275), Provincial(277), Local (277). Employment in the railways, harbours and airways administration Employment in posts and telegraphs ...................... Trade unions ... .... ... ... ... .... ... ... .... ... ... ... General (284), Tucsa (285), Confed. (287), African unions (288), other union bodies (289), workers' service and educational organisations (289), overseas union movement (291), African trade union rights (294). Labour relations ... ... ... ... ... ... .... Bantu Labour Relations Regulation Amendment Act ............ Industrial Conciliation Bill .... ... ... ....... ... ... ....... Commission of enquiry into labour legislation ............... Commission of enquiry, into legislation affecting utilisation of man power ...................................... Strikes and work stoppages ... ....... ... ... ....... ... ... Workmen's compensation ................................. Tax ... ... ... ... . ..... .. . .. . .. . . ...
183 184
198 200 202 204 212 213 219 222 222 225 229 232 233
246 252 253 254 257 257 266 269 275 278 281 284
296 299 302 302 305 305 308 309
CONTENTS
vii
THE AFRICAN HOMELANDS
General .... ... ... ... .... ... ... ... .... ... .... ... .. .... 311 Political Status ............... ....................... 311 Population of the homelands .................... ........ 311 Area and consolidation ... ............. ....... ... ......311 Acquisition of land ........................... ..... 313 Bantu Laws Amendment Act, No. 119 of 1977 ................. 314 Port St. Johns land deals ................................ 314 Black spots ........................................ 315 Expenditure in the homelands ................ ........ 315 1977-78: Estimates of expenditure from the State Revenue Account 316 Transkei, S.A. Bantu Trust (317).
Legislation affecting homelands
................
318
Bantu Homelands Constitution Amendment Bill (318), Second Bantu Laws Amendment Act (320), Second Supreme Court Amendment Act (320), Financial Relations Amendment Act
(320). Homeland citizenship
............................
Unemployment Insurance benefits BOPHUTHATSWANA
...
........................
...
322
................................
....
Status of BophuthaTswana Act, No. 89 of 1977 ... ......... Parliamentarydebate (324), dispute between SA and Bopiutha Tswana governments (326).
Republic of BophuthaTswana Constitution Act ................. Other legislation passed by the S.A. Parliament in connection with BophuthaTswana's independence ... ..... ...... Financial arrangements with BophuthaTswana A ct (330), Second unemployment insurance Amendment Ac; (330), SA government proclamations and notices ajfectini Boph utha Tswana (331).
Agreements between S.A. and BophuthaTswana Opposition to independence ............................. Elections. Proclamation R47/1977
Secessionist moves
..........
321
..........
...
322 323
328 330
332 333 333
334
Ndebele, South Sotho (334).
Foreign relations
...
....... ...
...
.... ...
TRANSKEI
...
...
...
...
...
Legislation
.. . .. . .. . .. . .. . .. . ...
...
...
..........
...
.....
...
...
.. . . ...
...
...
. .. .
335 ... 335 ... 335
Transkei Public Security Act (336), Intelligence Service and State Security Council Act (337), Transkei Publications Act
(337).
1977-78 budget - increased taxation ..... Motion on the Immorality Act ...................
....
...
......... .........
Politics ............................
337 338
338
Transkei Army ..................................... 339 Use of Farms by the Matanzima brothers ......... ...... ... 339 Matters affecting relations with South Africa ... ........ 340 Transkei citizenship (340), Xhosa-speaking squatte V (343), Transkeian land claims (344), other matters relating to S.A. (345). Relations with other countries ............... ........ 346 Border dispute with Lesotho (346), OAU (347) /n);uA States (348), Ecuador and Taiwan (348) OTHER HOMELAND
DEVELOPMENTS
Ciskei
...
...
...
...
.......
.. .. ... . ......
......
............
.
..
Proclamation R252/1977 (348), Thornhill Resetfthmn (349), other internal matters (351).
...
(amp
348 348
viii
A SURVEY OF RACE RELATIONS, 1977
Gazankulu ... .... ... .... ... .... .... ... .... ... .... .... ... Ka Ngwane (Swazi) ... .... ....... .... ... .... ... .... ....... KwaZulu .............................................. Constitutional developments (353), matters involving Chief Buthelezi (355). Lebowa ... .... ... .... ... .... .... ... .... ... .... ... .... ... N debele .... ... .... ... .... .... ... .... ... .... .... ... .... ... QwaQwa ... ... ... ... ... ... ... ... ... ... ... ... ... Venda ............. .............................. Proclamation R276/1977 (360).
352 352 353
356 357 358 359
DEVELOPMENT OF THE HOMELANDS ................. 360 Agriculture ............... .......................... 360 Planning (360), personnel (361), projects administered by BIC (361), developments in individual homelands, 1976 (362), em ployment in subsistence agriculture (363). Mining ... ....................................... 364 Promotion of the Economic Development of Bantu Homelands Amendment Act, 1977 .............................. 366 Foreign investment in the Homelands and Transkei .............. 367 Industry and commerce ....... .... ... .... ....... .... ... ... 368 M igrant labourers .... ... .... .... ... .... ... .... ....... ... 375 Com muters .... ... .... .... ... .... ... .... ... .... .... ... ... 376 Labour bureaux ... .... ... .... ... .... .... ... .... ... .... ... 376 PHYSICAL
URBAN
AFRICAN AFFAIRS
Government policy .................................. 378 Community Councils Act 125/1977 ........................ 380 Homeland citizenship for township dwellers .................. 384 The Pass Laws ................. ..................... 385 Prosecutions 1975-76 (385), curfew regulations (386), Aid Centres (387), Changes in legislation and administrative arrange ments (387). Home ownership in African townships ......................... 391 Bantu Affairs Administration Boards ........................ 394 Liquor distribution in townships ............................ 395 African traders and professional people in the common area ....... 396 Housing shortage .... .... ... .... ... .... ....... .... ... .... ... 398 Housing provided ................................. 398 Soweto and the West Rand. ........................... 399 West Rand Administration Board, financing (399), Local government (402), Housing (405), Electricity (407), Alexandra (408). East Rand .... ... .... .... ... .... ... .... .... ... .... ... ... 409 Vaal Triangle ... .................................... 410 Pretoria area ... ... ... ... ... ... ... ... ... ... ... ... 411 Highveld area ........................................... 411 Diamond Fields ... .... .... ... .... ... .... ....... .... ... ... 412 Orange Free State .... ....... .... ... .... ... .... .... ... ... 412 Karoo Area .... .... ... .... ... .... .... ... .... ... .... ... ... 413 Peninsula area ........................................... 413 414 Cape M idlands .... ... .... .... ... .... ... .... ... .... ....... 416 .......................................... Eastern Cape Durban ... ....... ........... ....... ....... ....... ....... 416 .... ... .... ....... .... ... .... ... .... ... 419 Other Natal Areas ... ... 419 .... ....... .... ... .... ... .. .... Homeland townships
CONTENTS AMENITIES FOR BLACK PEOPLE IN THE COMMON AREA
Leg isla tio n P erm its
....
C h u rch es H ote ls
.. . .. . .. . .. . .. . ...
.. . .. . .. . .. . .. .
... . .. . .. . .. . .. . .. . .. . .. . .. . ..
. .. . .. . . ...
...
.
B each e s ... ... ... "Petty apartheid" Other action taken by Private organisations GROUP AREAS AND PEOPLE
, .. . .. . .. . .. . .. . .. . .. .
.. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. .
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... government departments and local ... ... ... ... ... ... ... ...
HOUSING FOR TIHE WHITE, COLOURED
... ... ... ... ... ... authorities ... ... ...
AND
ASIAN
Legislatio n ... ... ... ... ... ... ... ... ... ... ... ... Group Areas Amendment Act (428), Housing Amendment Act (428), Community Development Amendment Act (429), Preven tion of Illegal Squatting Amendment Act (429), Government Notices and Proclam'tions (430). Housing shortage and provision ... ... ... ... ... ... ... ... Income limits for subsidized housing . Persons disqualified in terms of the Group Areas Act ......... G roup A reas: general ... ... ... ... ... ... ... ... ... ... ... iSquatting: general .. . .. . .. . . .. . .. . .. . .. . .. . .. . .. . Group areas and housing - regional developments ............ Johannesburg (439), other Witwatersrand areas (445), Pretoria (445), Western Cape (446), s'u'atters it, Western Cape (448), Port Elizabeth (454), East London (455), Durban (455), other Natal areas (456). Coloured local government .................. Indian local governm ent ... ... ... ... ... ... ... ... ... ... C oloured rural areas ... ... ... ... ... ... ... ... ... ... ... EDUCATION
... ... .. . ... ... ... ... ... 4 6 1 National expenditure ... ... ... ........... ....... ........... 461 Per capita expenditure ...... ... ... ... ... ... .... ... ... 461 Teacher : pupil ratios ...... ........... ... ...... ...... 461 Moves towards integration in schoo Is ... .... .... ... .... ... ... 462 Multiracial sport in schools ... ........... ....... ........... 464 SCHOOL EDUCATION FOR AFRICANS
............ ....... ....... 464 Unrest in schools ... ... ... ... ... .... ... .... ........... ... 464 Expenditure ... ... ... ... ... ... ... ... ... ... ... ... ... 4 64 Esti',.ated expenditure for 1977-78 (465), ,illocatfon of total pro vision for Bantu education (465). Proposed reforms in Bantu education ... ... ... ... ... ... ... Bantu Education Amendment Act 56/1977 .................. Sch o o ls ... ... ... ... ... ... ... ... ... ... ... ... ... ... Types of schools (468), volntary contributions(470), secondary schools (470), farm schools (470), dorble sessions and platoon system (471). Compulsory education ... ... ... ... . ............... T extb ooks ... .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. M edium of instruction ... ... ... ... ... ... ... ... ... ... Science education project ... ... ... ... ... ... ... ... ... ... E nrolments . ... .. . .. . .. . .. . .. . .. . .. . .. . ... .. . T eachers ... .... ... .... .... ... .... ... .... .... ... .... ... ... Qualifications (475), African teachers in senior posts (476), salaries of teachers(476). resignation of teachers (476).
x
A SURVEY OF RACE RELATIONS, 1977
Student teachers ........... ....... ........... .......... ... 476 Other courses (477). Teacher training colleges ... ....... ....... ............. .... 478 School boards and committees ................................ 478 School committees (478), school boards (479), school manage ments (479), registration of Soweto school boards (479). Special education ... ... ... ... ... ... ... ... ... ... ... 481 Adult education ... ....... ........... ....... ........... ... 481 People's College (482). 483 Expenditure ............. .... ....................... 483 Recommendations of the Theron Commission ................. 484 Schools ... ....... ........... ....... ....... ........... ... 488 Shortages of school accommodation (489), double sessions (489). Compulsory education ........................ ......... 490 Pupils ........... ....... ........... ....... ........... ... 490 Examination results ....... ....... ........... ....... ....... 491 Teachers ... ....... ........... ....... ........... ....... ... 491 White teachers in Coloured schools (492), teachers' salaries (492), salariesof Nama teachers (492). Student teachers ... ....... ....... ........... ....... ....... 493 Rector of Rand Teachers Training College (494). Special education ... ... ... ... ... ... ... ..... ...... 495 Adult education ... ... ... ....... ... ... ....... ... ....... 495 SCHOOL EDUCATION FOR COLOURED PUPILS
.......................
495 Finance ........... ....... ....... ........... ....... .......495 Schools ... ....... ........... ....... ....... ........... ... 496 Schools for Indian pupils in the Cape (496), platoon system (496). Compulsory education ....... ........... ....... ........... ... 497 Pupils ... ........... ....... ....... ........... ...... ... 497 Enrolment (497), police action againstIndian pupils (497). Examination results ....... ....... ........... ............ 498 Teachers ................................. 499 Teachers' salaries (499), Indians in senior education posts (500). Student teachers ........... ....... ........... ....... ....... 500 Special education ... ....... ........... ....... ............... 501 Adult education ... ....... ........... ....... ........... ... 502 SCHOOL EDUCATION FOR INDIAN PUPILS
SCHOOL EDUCATION
FOR WHITES
............
.......................
502 502 502
Expenditure ...................................... Schools.......................................... Educational television broadcasts (503), ban on inter-school debate (503). Pupils ............. .............................. 503 Enrolments (503), expulsion of Jehovah's Witnesses (04). Teachers ........................................... 504 African teachers in White schools (506), Teachers' Associations (506). Student teachers ... ....... ....... ........... ....... ....... 507 Curricula ........... ....... ........... ....... ...... ... 507 African languages (508). TECHNICAL AND VOCATIONAL TRAINING
CONTENTS TRAINING
FOR AFRICANS
Trade schools ... ..... .. Technical and commercial secondary courses Departmental industrial training centres ...... Vocational training for girls ... ... ... ... Advanced technical education Ad-hoc border industry schools ............. In-service training centres ... ... ... ... ... Private in-service training centres and schemes TRAINING
FOR
COLOURED
STUDENTS
Recommendations of the Theron Commission Technical education at school level ...... Technical colleges and continuation classes ... Advanced technical education ............ Other training centres ... ... ... ... ... TRAINING
FOR
INDIANS
Secondary technical education ............ M. L. Sultan technical college ... ... ... ... Technical and vocational examination results TRAINING
FOR WHITES
...
...
...
...
...
,.
...
...
...
...
520
lITVI1RI'Y E.DUCATION U
V
RSTY EDU
...
ATON
...
...
...
...
Per capita expenditure ... ... ... ... ... ... ... ... ,Student enrolm ent ... ... ... ... ... ... ... ... ... Degrees and diplomas awarded .................. Employment opportunitiesfor African graduates(523). Q+tf t t
...
...
...
...
...
...
...
...
...
.. .
...
...
White universities ... ... ... ... ... Universities Amendment Act (524), moves towards re-opening of English universities (524), admission of black students to cer tain Afrikaans universities (525), developments at other white universities(525), cut in subsidies (526). University of the Western Cape ... ....... ... ... ....... ... ... Recommendations of the Theron Commission (526), University of the Western Cape Amendment Act (528), Unrest (528). University, of Durban-Westville .................. University of Durban-Westville Amendment Act (528). African universities Bantu universities Amendment Act (529), deposits payable to cover damage to university property (530), University of Fort Hare (530), University of the North (531), University of Zulu land (533), University of S.A. (533). Student organisations ... ... .... ... ... ... ... . .. . .. . .. . .. NUSAS (533), ASB (534), SASO (535), SAM (535). BURSARIES AND SCHOLARSHIPS
Bursaries awarded by the State ... ... ... ... Privately sponsored bursaries for Africans .......
...
HEALTH
Health Act No. 63, of 1977 ... ... ... Report of the Theron Commission ............ Hospitals and clinics in the common area Health services in the homelands ............
... ......
...
... ... ... ... 536 ... ... ... ... 536 ... ... ... ... 536 ... ... ... ... 538 ... ... ... ... 538 ... ... ... ... 538 ... ... ... ... 540 . ... .. ... 540
xii
A SURVEY OF RACE RELATIONS, 1977
Medical practitioners ............................. ..... Doctors' salaries (541), Graduates of Cairo University (542), Medical and Dental and Supplementary Health Service Pro fessions Amendment Bill (543). Medical students ..................................... Medical schools at white universities (543), Medical Unive.4sit of S.A. (543), University of Natal Medical School (544). D ental services .. . .. . .. . .. . .. . .. . .. . ..... . ... Dental students (545). Nurses ... ... ... ... ... ... ... ... ... ... ... ... ....... Bill to consolidate and amend the laws providing jo the estab lishment of the SA Nursing Council (545), registered nursirn' personnel (546), nurses' salaries (546), primary health care nurses (546). Mental Health ..................................... Tuberculosis .... ... ........ ... .... ... .... ... ... .. . ... ... Health education .............. ..................... ... Family planning ... .... ... .... ... .... ....... .... ... .. .... Nutrition .......................................... SOCIAL WELFARE
.........
541
543 544 545
547 547 548 548 549 550
..................................
Social W elfare Bills ... .... ....... .... ... .... ...... ...... Theron Commission Report ....... ..................... Children ..................... ........................ Homes for the aged .................... ............... Social pensions ................................... .. National contributory pension scheme (556). Rehabilitation centres ...................................
550 552 553 554 555
SPORT
557 557 558 559 560 569 561 561 561 563
General ...... ..................................... Government policy ............ .................. ...... School sport ...... ................................. Springbok colours ......... ......................... University sport ................ ............... ...... Finance ................................... ............ Local authority action ... .... ... .... ....... ......... .... The international state of play .... ... .... ....... .... ... ... Internal developments ... ... ... ... ... ... ... ... ... ... ... Rugby (563), cricket (564), golf (565), athletics (566), soccer (567), boxing (569). INTERNATIONAL
556
MATTERS
U nited N ations ... .. . .. . .. . .. . .. . .. . .. . . .. . .. . .. Membership by SA (570), Declarationon Southern Africa (570). Relations with the United States ............................ Relations with the United Kingdom. ....................... Other European countries ..................... ............ Western firms with subsidiaries in South Africa ................ Meeting of the Security Council . ......................... Angola .... ... .... ... .... ... .... .... ... .... ... .... ... ...
570 572 574 575 575 576 577
RHODESIA:
Immediate background to events in 1977 ... Tours by Mr. Richard ........... Mr. Vorster's statement of his standpoint
.................. .................. .................
....
577 578 579
CONTENTS
xiii
Attitudes in Rhodesia early in 1977 ... .... ... .... ....... ....... New British proposals ... .... ... .... ....... .... ... .... ... Reactions to the proposals ... .... ....... .... ... .... ....... Details of the Anglo-American proposals ..................... Appointment of British resident commissioner and UN special repre sentative ... ... ... ... ... ... ... ... ... ... ... ... ... Negotiations by Lord Carver and General Prem Chand ......... Possible oil sanctions ...................................... Launching of Mr. Smith's internal settlement plan ............. Continuation of warfare ... .... ....... .... ... .... ... .... ...
579 580 581 584
SOUTi WEST AFRICA/NAMIBIA:
592 592 594 595
.............................
Draft constitution agreed upon by the Turnhalle Conference ...... Possibility of participation in elections by Swapo .............. Opposition black political groups ....... .... ... .... ... .... ... Talks in April between representatives of the Western powers and South Africa ... .... .... ... .... ... .... ...... .... ... ... Second round of talks in Cape Town ........................ Attitudes of Swapo, the Namibia National Front and the OAU ... Action taken by S.A. following the talks ........................ Third round of talks held in Pretoria ....... ................ Further Swapo demand ............................... Action taken by Mr. Justice Steyn .... ... .... ....... ....... ... Fourth round of talks ... .... ... .... ... .... .... ... .... ... Political parties in SWA/Namibia .... ....... .... ... .... ....... Guerrilla activities in the northern border region ......... ...... Certain trials under security laws ... .... ... .... ....... ....... MAPS 1. African townships in the Pretoria, Witwatersrand and Vaal areas 2. African townships in Natal and KwaZulu ................. 3. Coloured townships on the Witwatersrand and south of Johannes burg ... ... ... ... ... ... ... ... ... ... ... ... ... 4. Squatter areas in Cape Peninsula ... .... ... .... ....... ... INDEX ...... .................................... APPENDIX I-Legislation of 1977 ............................ APPENDIX I--Checklist of some books and monographs of interest to race relations .......................................
586 586 587 587 587
595 597 598 599 603 604 604 606 606 609 610 400 417 440 449 613 630 631
POLITICAL DEVELOPMENTS THE NATIONAL PARTY MATERS OF MAJOR CONCERN DURING 1977
External pressures continued to mount during 1977. During March, African states drafted a resolution calling on the Security Council to impose mandatory arms sanctions on SA and a curb on investments in the Republic by Western countries. On the recommendation of the UN Steering Committee this resolution was tabled but not voted on pending the outcome of an initiative by the Western members of the Security Council - the United States, United Kingdom, France, West Germany, and Canada. The United States, with the support of the other countries men tioned, drew up a "Declaration on Southern Africa" which was delivered to the South African Prime Minister, Mr. B. J. Vorster. In this Declaration S.A. was called upon, inter alia, to "take timely steps to eliminate the policy and practice of apartheid and grant to all elements of the population equal rights including a full and free voice in their destiny"; to "bring its illegal occu pation of Namibia to a speedy conclusion" and to facilitate the holding there "on a territory-wide basis of free elections under the aegis of the United Nations"; and to comply with Security Council resolutions in regard to sanctions on Rhodesia. During May the US Vice-President, Mr. Walter Mondale, met Mr. Vorster in Vienna to discuss these matters: this meeting is described in a subsequent chapter. South African relations with the United States deteriorated sharply after President Carter took office and began pressing, in the words of the Declaration, for "the recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family". Both Mr. Vorster and the new SA Minister of Foreign Affairs, Mr. "Pik" R. F. Botha, protested publicly on several occasions against any outside attempts to prescribe to South Africa how its country should be governed. France announced in August that she would sell no further arms to S.A. and would cease to allow the manufacture there of armaments developed in France once current licences expired. This meant that all the countries which in the past had provided S.A. with weapons had joined the arms boycott. The British Foreign Secretary, Dr. David Owen, accompanied by the American Ambassador to the UN, Mr. Andrew Young, toured Southern Africa in April, and went to Cape Town for discussions with Mr. Vorster on the Rhodesian question. Mr.
POLITICAL DEVELOPMENTS THE NATIONAL PARTY MATERS OF MAJOR CONCERN DURING 1977
External pressures continued to mount during 1977. During March, African states drafted a resolution calling on the Security Council to impose mandatory arms sanctions on SA and a curb on investments in the Republic by Western countries. On the recommendation of the UN Steering Committee this resolution was tabled but not voted on pending the outcome of an initiative by the Western members of the Security Council - the United States, United Kingdom, France, West Germany, and Canada. The United States, with the support of the other countries men tioned, drew up a "Declaration on Southern Africa" which was delivered to the South African Prime Minister, Mr. B. J. Vorster. In this Declaration S.A. was called upon, inter alia, to "take timely steps to eliminate the policy and practice of apartheid and grant to all elements of the population equal rights including a full and free voice in their destiny"; to "bring its illegal occu pation of Namibia to a speedy conclusion" and to facilitate the holding there "on a territory-wide basis of free elections under the aegis of the United Nations"; and to comply with Security Council resolutions in regard to sanctions on Rhodesia. During May the US Vice-President, Mr. Walter Mondale, met Mr. Vorster in Vienna to discuss these matters: this meeting is described in a subsequent chapter. South African relations with the United States deteriorated sharply after President Carter took office and began pressing, in the words of the Declaration, for "the recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family". Both Mr. Vorster and the new SA Minister of Foreign Affairs, Mr. "Pik" R. F. Botha, protested publicly on several occasions against any outside attempts to prescribe to South Africa how its country should be governed. France announced in August that she would sell no further arms to S.A. and would cease to allow the manufacture there of armaments developed in France once current licences expired. This meant that all the countries which in the past had provided S.A. with weapons had joined the arms boycott. The British Foreign Secretary, Dr. David Owen, accompanied by the American Ambassador to the UN, Mr. Andrew Young, toured Southern Africa in April, and went to Cape Town for discussions with Mr. Vorster on the Rhodesian question. Mr.
A SURVEY OF RACE RELATIONS, 1977
Vorster said later' that he had agreed to support Anglo-American efforts to get the parties that were directly interested to agree to an independence constitution and to bring about a de-escalation of violence. He had, however, made it clear that in no circum stances would S.A. participate in a boycott and closing of borders. He was not prepared to pressurize Rhodesia in any way. Diplomatic representatives of the five Western members of the Security Council visited S.A. four times, in April, June, Septem ber and December to discuss the granting of independence to South West Africa/Namibia. They had held separate discussions, abroad, with the Swapo government-in-exile, headed by Mr. Sam Nujoma. As reported in a subsequent chapter, both sides made concessions, but several differences of opinion remained, the main one being Swapo's demand that the SA security forces should be withdrawn from the territory prior to the holding of elections for an interim government which would prepare an independence constitution. A Defence Force White Paper tabled in Parliament on 31 March warned that the "terrorist war" might be expected to spread to the northern and eastern Transvaal and northern Natal. It called for a "total national strategy" for defence because SA was at war, "whether we wish to accept it or not". The period of continuous national service for White youths was increased to two years. General D. Kriel, the Deputy Commissioner of Police, announced in July that heavily armed police were carrying out a para-military function, patrolling the country's borders with Botswana, Rhodesia, Mozambique, and Swaziland to intercept trained insurgents trying to enter S.A. and to prevent youths from leaving the country for military training. In the course of Press interviews during September the Minister of Economic Affairs, Mr. J. Chris Heunis, said that for some time S.A. had been building up reserve stocks of strategic materials such as oil. The Minister of Defence, Mr. P. W. Botha, stated that S.A.'s own weapons industry was self-sufficient in the production and maintenance of armaments required against ter rorism. Progress had been made in the provision of heavy arma ments required for conventional warfare. In several speeches during the same month, for example at the Transvaal NP congress, Mr. Vorster warned his audiences that they would be "tested in the coming months and years as never before". "Internally and externally, pressure will be applied against us", he said. A UN Security Council resolution, passed unanimously on 4 November under Chapter VII of the UN Charter, declared the fur ther acquisition of arms by S.A. to be a threat to international peace and security, and required all states, for an indefinite period, to cease supplying any type of arms or related materials that could I Assembly, Hansard 17 cols. 8711-2.
POLITICAL AFFAIRS: WHITES
be used for military or security purposes. All countries were re quired to review existing contracts for such supplies and existing licences for S.A. to produce arms of foreign design. Various major issues escalated within S.A. during 1977. The educational system for black students was in a state of chaos in many parts of the country, especially in post-primary schools at Soweto and elsewhere, at the African universities, and, to a lesser extent, universities catering for Coloured and Indian students. Following continued unrest and boycotts, 40 of Soweto's 42 post-primary schools were closed for a short time and were then taken over by the State from the school boards which pre viously controlled them. Pupils were invited to come with their parents to apply for readmission, but, according to a Press inquiry, 2 at the closing date only between 2 000 and 3 000 of the previous 27 000 students had done so. Then, out of some 740 teachers in these schools, about 500 decided to resign in protest against the system of Bantu education. However, a number of these resignations were withdrawn later, the teachers stating that they had acted under duress. As described in subsequent chapters, the arrest and detention of leaders of the black consciousness movements continued. Some of those concerned were brought to trial. A matter causing great concern was the fact that a number of people died while in Security detention. The death of Mr. Steve Biko on 12 September had wide national and international repercussions: he was founder and first president of the SA Students' Organisation and was widely regarded as the leader of the black consciousness movement. On 19 October the Minister of Justice took extensive and drastic action under the Internal Security Act against organisa tions and people that, he announced, had been shown in an investi gation to be endangering the maintenance of public order. The Christian Institute and 17 African organisations, mainly black consciousness groups, were declared to be unlawful organisations. At least 7 people, including the leaders of the Christian Institute, were placed under banning orders, and at least 42 people, mainly leading African personalities, were detained. During March the Minister of the Interior gave notice of a Newspaper Bill, in terms of which the Government would have been able to exercise control over the Press through the intro duction of a statutory Press Code and Press Council. The Bill was condemned by practically all the editors of newspapers, both Afrikaans and English-medium. The Newspaper Press Union then revised its own Code and the composition of its Press Council, the latter to be headed by a retired judge but to consist of 2 Rand Daily Mall, 15 September and 1 and 5 October.
A SURVEY OF RACE RELATIONS, 1977
members appointed by newspapermen themselves. The Govern ment withdrew its Bill, but announced that the measure would be re-introduced after a year unless the new Code brought about the "self-discipline" and "responsibility" that the Government demanded.3 On 19 October, the day when the widespread detentions and bannings described above were announced, the Minister of Justice prohibited the printing, publishing, and dissemination of the newspaper The World (said to be the second-largest in South Africa, which circulated mainly among Africans), its companion paper The Weekend World, and the Christian Institute newspaper Pro Veritate. The editor of The World, Mr. Percy Qoboza, was de tained, and the editor of Pro Veritate, Mr. C. R. Mayson, was banned. Mr. Donald Woods, editor of the East London Daily Dispatch, was also placed under banning orders. The cost of living rose sharply during the year, as did the rate of unemployment, especially among Africans. As no official figures were available, The Star commissioned a private organisation, Market Research Africa, to investigate the position in the Johannesburg/Reef/Pretoria urban areas. It was found that almost 200 000 adult Africans in this region were out of work, the rate being at least 18,8 per cent. The position in the homelands was not investigated, but numerous reports indicated the high extent of unemployment and poverty that existed there. The shortage of housing, particularly for African and Coloured residents of townships in the common area of S.A., mounted to even more acute proportions during the year. Existing dwellings in many townships became well-nigh unendurably over crowded, and as a result, further shanty towns came into existence in a number of areas. According to Press reports" the Secretary for Community Development said at a public meeting in Sep tember that about half-a-million homes would have to be built during the following five years to meet the needs of all citizens. The Deputy Secretary for Housing in the Department of Bantu Administration and Development was reported to have told the Cillie Commission5 in April that there was a shortage of 170 000 dwellings for urban Africans, which would grow by 118 643 in the following five years. According to existing plans, during this period his Department would build nearly 90000, leaving a shortfall of about 200 000. Widespread indignation was caused when Bantu Affairs Administration Boards in the Western Cape and Port Natal areas decided to bulldoze the illegally-built shanty dwellings of thousands of African squatters, during a particularly cold winter. The squatters had previously been warned to leave and were See chapter on Control of Publications for details. 4 Rand Daily Mail, 24 September and 6 April. 5 Appointed in 1976 to investigate the disturbances in Soweto and other areas
3
POLITICAL AFFAIRS: WHITES
offered free rail warrants to go away to a homeland, but in the Cape in particular some were in employment (with or without official sanction); wives and children did not want to leave their menfolk; many had no tribal homes to which to return; and there was little hope of finding employment in the homelands. So far as the homelands were concerned, Transkei became an independent country on 26 October 1976 and BophuthaTswana was due to become independent as from 6 December 1977. But the Chief Ministers of both countries, Paramount Chief Kaiser Matanzima and Chief Lucas Mangope respectively, continued to express great dissatisfaction over the allocation of land to their governments and the loss of SA citizenship by people whose families originated in their countries but who were permanently resident in SA itself. A Homelands Constitution Amendment Bill, designed to give increased powers of local self-government to the other homelands, was published but was held over until 1978. In terms of the Community Councils Act of 1977, community councils, elected on a non-ethnic basis, are planned to replace urban Bantu councils in urban African townships. Besides ad visory powers, they may be granted certain executive powers to be exercised to the exclusion of the Bantu Affairs Administration Boards but still subject to the Minister's discretion. The powers envisaged are, in fact, much the same as those that could have been granted under the Urban Bantu Councils Act of 1961. African spokesmen in some cities, for example Johannesburg and Pretoria, have urged that their townships should be granted full municipal status instead. Urban Africans have become increas ingly sceptical of the value of the urban Bantu councils system, particularly since the disturbances that began in the latter half of 1976, when it became clear that these bodies lacked any powers to assist either Africans or the authorities in the situation. During June 1977 the Soweto Council and the Council at Dobsonville on the West Rand collapsed when a majority of the members resigned as a result of pressure from the Soweto Students' Representative Council. Various other councils and advisory boards also ceased functioning. The beginning of the abolition by the State of certain race discriminatory measures that were deemed to be no longer necessary was described on page 3 of the 1975 Survey and page 4 of the issue for 1976. This process has been continued to some extent. 1. Considerably increased sums were voted for Bantu education in the Budget for 1977-78. (In view of the disturbances, how ever, it may not have been feasible for this money to have been spent on the projects that were planned.) The allocation to the Coloured Representative Council, used to a large extent on educational services, was also raised by a con siderable amount. Later in the year the Minister of Finance
A SURVEY OF RACE RELATIONS, 19M
2.
3.
4.
5.
6. 7.
8.
9.
announced that during the years 1978 and 1979 an additional sum of R250 000 000 would be spent on housing for African, Coloured and Indian families. The Wiehahn Commission was appointed to investigate legislation relating to labour matters, and the Riekert Com mission to inquire into all other legislation relating to the utilization of manpower. A Cabinet committee was appointed to investigate all aspects of the life of urban Africans. The Government decided that an inter-departmental investi gation should be made of the financing of housing and services in urban African townships. During November the Minister of Finance stated that plans for giving permanence of occupation and security of title to urban Africans were nearing completion. Mortgagors such as building societies would, thereafter, be in a position to grant direct loans to Africans. According to a Group Areas Amendment Act, described in a subsequent chapter, Coloured and Indian industrialists were empowered to buy land in areas zoned for heavy industry without having to apply for permits. This concession did not apply to areas zoned for light and service industries or for commerce. The Minister of Bantu Administration and Development announced in May that the reference books of male African workers would no longer have to be signed monthly by em ployers. An employer's endorsement would be required only when a man was engaged and when his services were terminated. As mentioned in the chapter on housing, the income levels for subsidised housing for Coloured and Indian housing have been placed at the same levels as apply to White families. All the provincial National Party congresses, held in Sep tember, agreed that although racially mixed membership of sports clubs was not the policy of the Government, legislation to prohibit this would not be introduced. Further matters, arising from the report of the Theron Com mission which inquired into matters affecting the Coloured population group, are dealt with in the chapter dealing with the political affairs of this group. The newly-appointed Minister of Foreign Affairs, Mr. "Pik" R. F. Botha, was reported' to have said, in an election speech, that he was not prepared to go to war in defence of so-called "little apartheid". "I am prepared to go to war over our right to exist, but I am not prepared to die for discriminatory signs on a lift." He urged White South Africans to stop bickering over minor apartheid rules and to face up to the fact that race warfare must be avoided.
6 Rand Daily Mail, 7 and 8 Amril.
POLITICAL AFFAIRS: WHITES
At a meeting in Queensborough the Minister of National Education and of Sport and Recreation, Dr. Piet G. J. Koornhof, is stated7 to have referred to himself as "a 1977 vintage National Party supporter". He believed that each race group must retain its identity and have authority over its own affairs; but dis crimination on the grounds I colour alone would have to be eliminated further and faster man before. Special attention would have to be given to solving the problem of the urban Black. Other prominent Nationalists, however, in particular the Deputy Minister of Bantu Administration and Education, Dr. Andries P. Treurnicht, have tended to adhere to the rigid policy of apartheid in all spheres of life, as originally enunciated by the late Dr. H. F. Verwoerd. Late in October Mr. M. C. Botha, Minister of Bantu Administration and Development and of Bantu Education, announced his retirement. NEW CONSTITUTIONAL PLAN
Towards the end of 1976 the Cabinet appointed a Cabinet committee under the chairmanship of Mr. P. W. Botha, M.P. (Minister of Defence and Cape leader of the NP) to investigate "possible and desirable adjustments to the existing constitutional order.., in respect of the political system for the Coloured and the Indian communities."' Then, during August, a new con stitutional plan was put to a NP caucus meeting, to which the editors of Afrikaans-medium newspapers were invited. The plan was also discussed, at separate meetings, with representatives of the Coloured Representative Council and the SA Indian Council. It was subsequently endorsed by the four NP provincial congresses. In terms of this plan, as reported in the Press, the White, Coloured, and Indian communities will each have its own parlia ment, which will legislate on matters pertaining exclusively to the group concerned, for example education and housing. Matters of mutual concern will be dealt with by a Council of Cabinets on which all three racial groups will be represented, legislation being adopted by consensus wherever possible. Ultimate power will be with an elected Executive State President. The principle of proportional representation will be applied in regard to the membership of all the new bodies to be created, using the ratio 4: 2:1, roughly based on current population figures (which in mid-1976 were about 4 320 000 Whites, 2 434 000 Coloured people, and 746 000 Asians). The 18 629 000 Africans will be excluded from the constitutional bodies. The State President will be elected for five years by an Electoral College consisting of 88 members, of whom 50 will be 7 Ibid., 28 July. 1 Acting Prime Minister, Assembly Hansard 16 cols. 1133-4.
A SURVEY OF RACE RELATIONS, 1977
Whites, 25 Coloured, and 13 Indians. The members of this Electoral College will be elected by majority vote by the various parliaments, hence are likely to be members of the strongest party in each parliament. This College will have power in certain circumstances to dismiss the State President. Each parliament will have a prime minister appointed by the State President on the recommendation of the majority party caucus in the parliament concerned. The three prime ministers will be equal in status and will receive equal salaries. Elections to the parliaments will take place at the same time, and the same qualifications will apply to all voters. Each parliament will have its own budget, the total amount being decided upon by an umbrella financial committee on which the State Treasurer will serve. It is proposed that the White parliament should have 185 members, 165 of them elected and the others nominated by the majority party, 12 of them chosen on the basis of the propor tional representation of the various parties within the parliament after the elections. Corresponding figures for the Coloured parlia ment will be 92 members (82 elected and 10 nominated), and for the Indian parliament 46 members (41 elected and 5 nominated). Final figures have still to be decided, but it is suggested that there should be 17 White Cabinet Ministers, 5 Coloured, and 3 Indians. The State President will have power to dismiss any Cabinet Minister whom he considers is "acting against the national interest". The Council of Cabinets will be composed of the three Prime Ministers and other Cabinet Ministers from each parliament, their numbers to be determined in accordance with the ratio mentioned earlier. It will be presided over by the State President. Members will be bound by collective responsibility. In the event of a conflict of interests the Council will have power to appoint an ad hoc committee to try to reach consensus. Should this fail, the Council will again discuss the issue. If there is again disagreement, the matter will be decided or the legislation finalized by the State President. A President's Council is to be constituted, an advisory, non parliamentary body consisting of 55 members, of whom 20 will be elected by the White parliament, 10 by the Coloured parlia ment, and 5 by the Indian parliament. The remaining 20 members will be appointed by the State President on the basis of their special qualifications in various fields. It is suggested that, in view of the creation of this Council, the Senate will become redundant and should be dissolved on 30 May 1979 when its existing term of office expires. The Departments of Coloured Relations and of Indian Affairs and the Inter-Cabinet Council will be abolished.
POLITICAL AFFAIRS: WHITES
White provincial councils will probably be phased out in time and replaced by White regional councils. There will be three Coloured and two Indian regional councils, each represented by an administrator in a council on which White administrators will also serve. This body will have direct access to the Council of Cabinets. Each area or town that qualifies for municipal status will have three separate municipalities for the three racial groups, each with its own mayor and administration. Reactions to the new constitutional plan Critics of the proposed scheme pointed out that opposition parties in the three parliaments would be excluded from the Council of Cabinets, which would deal with the most important national affairs. As the Whites were the majority group, in effect the National Party would have complete control; S.A. would virtually become a one-party state. White, Coloured, and Indian critics condemned the exclusion of Africans from the proposed constitutional machinery. The 1977 Session of the Coloured Representative Council commenced just after information about the scheme was made public. Mr. Sonny Leon, leader of the Labour Party, moved that the constitutional proposals be rejected and that a national con vention be called, instead, to negotiate a new constitutional dispensation for the country. If peace and harmony were to be achieved, members of all groups should participate equally in decision-making. Mr. J. A. Rabie, leader of the Independent members, con sidered that a number of points in the Government's plan should be further clarified before the CRC came to any decision. His group sent a memorandum to the Government embodying a series of questions. The leader of the Federal Party, Dr. W. J. Bergins, stated that his party would accept the plan. After a lengthy debate, Mr. Leon's motion was adopted with the aid only of the chairman's casting vote. It was reported' that behind the scenes some leading Labour Party members admitted that if the Government's plan were put into operation they would have no alternative but to fight an election and to use the Coloured parliament as a base from which to continue to strive for equal citizenship rights for all. Mr. J. N. Reddy, chairman of the SA Indian Council, told the Press 2 that it would be wise for Indians to defer a decision until after a fully elected Council came into being during 1978. The existing Council, he said, was not fully representative of the Indian people. Early in November, after two days of debate, the I Sunday Times, 18 September; Rand Daily Mail, 20 September. 2 Rand Daily Mail, 6 September.
A SURVEY OF RACE RELATIONS, 1977
SA Indian Council unanimously rejected the new constitutional proposals as unacceptable. ANNOUNCEMENT OF A GENERAL ELECTION
The Prime Minister, Mr. Vorster, announced on 20 Septem ber that there would be a general election on 30 November (eighteen months earlier than was required by law). He gave three reasons for going to the polls. Firstly, he said,' there were certain governments and influential world organisations and persons who had arrogated to themselves the right not only to meddle in the internal affairs of S.A., but had also taken the view that they had the right to prescribe how the country should be governed. He and other Cabinet Ministers had from time to time found it necessary to speak out very strongly against this tendency. He considered that the time had come for the electorate to add its voice to this protest. Secondly, Mr. Vorster said, the Government wished to put its new constitutional plan to the electorate before proceeding to implement it. And thirdly, since the last election the parliamentary situation had become unreal. Some political parties had changed their names and policies, and a number of Members of Parliament had joined parties to which they had not been elected in 1974. Reactions to this announcement On 23 September 4 Mr. Leon moved in the Coloured Repre sentative Council that the State President be requested to dissolve the Council and to declare an election, also on 30 November, in order that Coloured people as well as Whites would be able to express their views on the new constitutional proposals. This provoked a lengthy discussion. Mr. Rabie of the Inde pendent group moved, as an amendment, that the CRC should be abolished. Mr. S. S. Cloete, a senior member of the Federal Party, moved a second amendment, to the effect that the CRC should not be dissolved but should continue to strive for a better dispensation for the Coloured people. The chairman of the CRC, Mr. L. V. du Preez, eventually closed the debate because speakers were not raising any new points. In protest against this ruling the Federal and Independent members staged a walk-out. Mr. Leon's motion was then passed unanimously by Labour Party members. He then wrote to the Prime Minister conveying the terms of the motion. Mr. Vorster replied rejecting the request. He gave three reasons: (a) The time factor made it impossible to set up electoral machinery for Coloured persons by 30 November. 3 Rand Daily Mail, 21 September. 4 Rand Daily Mail and Star, 24 September.
POLITICAL AFFAIRS: WHITES
(b) The Executive of the Labour Party had repeatedly rejected the CRC as presently constituted. (c) The law would have to be amended during the next parlia mentary session to make provision for a fully elected council, and a fresh delimitation would have to be made. The Prime Minister therefore advised Mr. Leon to discuss the question of a general election with the Minister of Coloured Affairs during 1978.6 Negotiations between the main White Opposition parties for an election pact were unsuccessful, hence in a number of con stituencies there were three or even four candidates.
5 Rand Daily Mail, 4 October.
RE-ALIGNMENT OF WHITE OPPOSITION PARTIES POSSIBILITY OF CREATING A UNITED OPPOSITION
As mentioned in the two previous annual issues of this Survey, from December 1974 there was a continuing stream of resignations from the United Party. Many of those concerned became members of a new Reform Party, which during July 1975 merged with the Progressive Party to form the Progressive Reform Party (PRP), under the leadership of Mr. Colin Eglin, M.P. Its team in the House of Assembly consisted of eleven members, seven of them formerly PP, and four formerly RP representatives who had resigned from the UP. In May 1976 a member of the PRP captured a previously safe UP seat in an Assembly by-election, reducing the UP membership of this House to 36 - the smallest number in its parliamentary history of 42 years. (The National Party held 123 seats.) Reports indicated that despite the exodus of left-wing adherents, considerable differences of opinion persisted within the UP.
In mid-1976 Sir De Villiers Graaff, M.P., leader of the UP, stressed the need for rapid and fundamental change in the attitudes of White people in S.A. He called for a united Opposition, broadly based and cutting across old party lines. It should include people who previously voted NP but had become disenchanted. For such a campaign to be feasible it might be necessary to form a new political party, Sir De Villiers said. He was prepared to bring his supporters into such a party under the leadership of someone else, if this were necessary. Mr. Eglin welcomed the proposed realignment of the Opposi tion, but made it clear that this should not derive from the negative basis of anti-Nationalism, but from the positive basis of people getting together who felt that they belonged together; who shared a commitment to rid S.A. of race discrimination and were prepared to meet with Black South Africans to thrash out and agree upon a pattern of peaceful co-existence for the future. Sir De Villiers was anxious to include in his plan members of the small Democratic Party, led by Mr. Theo Gerdener, which held no Parliamentary seats. THE "MARAIS COMMITTEE" PROPOSALS
On 5 October 1976 an informal meeting of leading business men and academics was held behind closed doors in Johannesburg. A Press statement issued on their behalf said, "The meeting decided that in view of the seriousness of the times and the urgent necessity of bringing pressure to bear on the Government to accept
POLITICAL AFFAIRS: WHITES
more realistic and enlightened policies, an appeal would be made to the leaders of the United Party, the Progressive Reform Party, and the Democratic Party to co-operate to establish a steering committee to examine the feasibility of creating a new (political) party which would be a real alternative government". Following discussions with and between the three party leaders and others, a steering committee was set up later that month under the chairmanship of a retired judge, Mr. J. F. "Kowie" Marais, and composed of prominent men who had played no leading part in party politics. It was announced in December 1976 that this committee had concluded unanimously that it was feasible to found a new opposition party aiming at becoming an alternative government. Such a party should be based on the following 14 principles. 1. "God is acknowledged as the ultimate authority in the destiny of all nations. 2. "All South Africans have an equal right to full citizenship and citizenship rights, either in a federation or confederation, which can only be realised in a country where there is no discrimination on the grounds of race, colour, religion, or sex. 3. "Full citizenship is the basis for loyalty towards the State. Only with this loyalty can the State effectively discharge its duty to maintain an orderly society and the security of the country at all times and in all circumstances. 4. "Political rights must be shared by all South African citizens on an equitable and responsible basis, and all systems which could lead to racial domination are rejected. 5. "In a plural society like that of the Republic, a constitution and an entrenched bill of rights guaranteeing the rights of individuals and minorities are essential. These must be guarded over by a judiciary appointed by an independent authority. 6. "All citizens have the right to an equal opportunity to share in the system of free economic enterprise which the party is committed to maintain and develop. 7. "The party stands for a democratic system of government and rejects all totalitarian or authoritarian systems such as communism. 8. "Except in the case of a duly declared state of emergency or war, every individual has the right to the protection of his life, liberty and property. In the protection of these rights access to the judiciary must not be denied. 9. "The party guarantees the right of all our people to maintain their religious, language, and cultural heritages, as well as the right to develop these heritages, provided that this does not encroach on the rights of others.
'14
A SURVEY OF RACE RELATIONS, 1977
10. "All educational systems must provide equal educational opportunities for citizens of all races. 11. "All inequitable forms of statutory or administrative dis crimination on the grounds of race, colour, religion, or sex are unacceptable in the ideal society for which the party will strive and shall be subject to the testing rights of the judiciary. 12. "The party accepts that certain geographic areas are being developed as economic and political growth points for certain sections of the population. Where the inhabitants of such like areas freely elect to proceed with such development towards increasing self determination, the party will respect their wishes in terms of its broad policy. No compulsory removal of populations will, however, be permitted and the general welfare will be thoroughly taken into account. In particular, there will be no possibility of any person being compelled to become a citizen of an area other than the one in which he is permanently resident. 13. "The party will endeavour to have all the above principles as well as other guarantees incorporated in a constitution for the Republic which will be drawn up after joint con sultation and decision making by the representatives of all citizens of the country. 14. "As an inseparable part of the continent of Africa, the Republic accepts that peaceful relations with the states of Southern Africa, in the first instance, must be brought about and that technological, economic, and political co-operation must be encouraged where possible by way of institutional arrangements." REACTIONS IN THE UNITED PARTY
Two prominent United Party M.P.'s, Mr. John Wiley and Mr. Myburgh Streicher, rejected the Marais Committee's pro posals and any plan for unity with the PRP. During January the Central Head Committee of the UP met and discussed the proposals in detail. Messrs. Wiley and Streicher did not attend. It was finally decided, by 37 votes to 7, that these proposals were "not inconsistent" with the UP's existing aims and principles. In the Committee's view, they allowed for the maintenance of group identity and did not call for a common-roll franchise. (As mentioned later, the PRP disagreed with this interpretation.) The Committee urged Sir De Villiers to pursue
vigorously his iniative to establish a new, broadly-based, party founded on the Marais recommendations. Three of the seven dissidents decided to abide by the majority decision. The other four, together with Messrs. Wiley and
POLITICAL AFFAIRS: WHITES
Streicher, were expelled from the UP. As described below, they decided to form a new party. DISCUSSIONS BETWEEN THE PRP AND THE UP AND DP
Mr. Eglin proposed that, as an interim arrangement, before any important matter was debated in the Assembly a joint meeting of the PRP and UP caucuses should be held to discuss common Opposition strategy. The UP caucus rejected this idea; but Sir De Villiers suggested, instead, that before any debate the whips and the chairmen of the groups within the two parties that were dealing with the matter concerned should meet to discuss strategy. Mr. Eglin accepted this arrangement. Towards the end of January Sir De Villiers proposed that a secretariat be set up to draft a constitution and policy for the new party, within the framework of the 14 Marais principles. His own view was that the new party should be centrist and pluralist in nature. The secretariat should complete its work before the Easter recess, during which a national conference could be held. But then points of disagreement emerged. Sir De Villiers stated that a fundamental condition for the formation of a new party was that this should not be by way of merger or amalga mation. Existing Opposition parties should all disband in order that their members could join the new party. Mr. Gerdener (DP) agreed. But Mr. Eglin was unwilling for the PRP to lose its identity in anticipation of a new political dispensation. The national chairman of the PRP, Mr. Ray Swart, challenged the UP Central Head Committee's interpretation of the Marais proposals, and said he was not prepared to accept this merely for the sake of Opposition unity. Following talks between Sir De Villiers and Mr. Eglin it was agreed that the leaders of the UP, PRP, and DP, with advisers, should meet under the chairmanship of Mr. "Kowie" Marais to discuss the differing interpretations of the 14 principles. This meeting, held on 13 February, failed to reach agreement. According to Press reports, Sir De Villiers and Mr. Radclyffe Cadman (the Natal UP leader) considered that Mr. Eglin was unwilling to accept any realistic steps to prevent future domination of Blacks over Whites, or to protect group identities. Mr. Gerdener said he considered that group identity was more meaningful than was the recognition of individual identity. Mr. Cadman was reported to have insisted on a separation of powers on a racial basis at all levels of government. Mr. Eglin, supported by Mr. Marais, stood out for a "more enlightened" interpretation of the 14 principles than the UP was willing to accept.
A SURVEY OF RACE RELATIONS, 1977
Sir De Villiers and Mr. Gerdener then announced that they would have no further negotiations with the PRP, and would form a new party on the basis of their interpretation of the principles. FURTHER REPERCUSSIONS IN THE UP
On 14 February the UP caucus met in Cape Town. Sir De Villiers announced that he would proceed with the formation of a secretariat and the establishment of a board of trustees to plan the policy and programme of the new party. A majority of members encouraged him to do so; but a group led by the Transvaal UP leader, Mr. Japie D. du P. Basson, expressed con cern at the idea of establishing any combined Opposition party without the PRP. Sir De Villiers appointed Mr. Gerdener to lead a secretariat to prepare for the new party. But an inhibiting factor in making further progress for the time being was that municipal elections were to be held at the beginning of April, and those in Johannesburg and Randburg were to be contested on a party political basis. For the first time the UP put up no candidates in Randburg. The PRP did so, but all ten seats were won by the National Party. In Johannesburg, the UP was accused of adopting a "ver krampte" line. Mr. Basson withdrew from playing any part in the elections. The results (together with those of a subsequent by-election) as compared with those in 1972, were as follows:
PRP ............. NP .... ... ... ... Independent NP ... UP .... ... ... ...
Number of seats won 1972 1977 1 20 .... 10 15 1 ...
36
11
Twenty-four seats were needed for a working majority on the City Council, but no party on its own had this number. The UP and NP decided on "an administrative arrangement for the good of the city". They reached an agreement in terms of which the PRP would be kept out of office, although it held the largest number of seats. There would be a UP mayor and a NP deputy mayor. Mr. Francois Oberholzer (UP) was re-elected as chairman of the seven-man management committee. The UP offered to negotiate for three-party representation on this committee, but the PRP was unwilling to work with the NP. Three further UP members and three from the NP were then elected, with the chairman having the casting vote.
POLITICAL AFFAIRS: WHITES
The UP Central Executive in the Transvaal and Sir De Villiers supported the action taken by the UP in Johannesburg as being in the best interests of the city. But, in protest against it, Mr. Japie Basson resigned the chairmanship of the UP in the Transvaal, Professor Nic J. J. Olivier, M.P., resigned from the UP's Transvaal Executive, and Mr. Peter Rose relinquished his post as Transvaal Youth Chairman. Mr. Rose stated that the deal with the NP would prejudice the chances of the formation of a broadly-based Parliamentary Opposition. FORMATION OF THE NEW REPUBLIC PARTY (NRP)
As described later, six United Party MP's, led by Mr. Basson and Professor Olivier, dissociated themselves from the plan to form a new party that excluded the PRP. Sir De Villiers Graaff and Mr. Gerdener arranged a series of conferences, in various areas, to discuss the policy for their proposed party. The policy proposed by a steering committee was announced at a Press conference on 24 June. A "federal con federal" constitution for the country was suggested. 1. The party would stand for the recognition and accommoda tion of the plural nature of South African society and for decentralisation in decision-making, leading to a maximum degree of self-rule and local option. 2. The African homelands would be developed as quickly as possible into viable economic and political units. 3. A multi-racial commission would be established to investigate the position of Africans outside the homelands in order that they could be accommodated in federal, confederal, or other constitutional relationships "appropriate to the particular circumstances and subject to negotiation in each instance". 4. Existing and future autonomous and independent units should preferably be linked on a confederal basis, with the different units appointing representatives to a central body, while retaining full jurisdiction in their own areas. 5. The White, Coloured, and Indian groups (sharing the re maining common area) would participate "fully and equitably in decision-making at all levels of government". In deciding the form of representation, full account would be taken of the need to protect group interests. The constitution might, consequently, embody federal elements and separate rolls. Each group would be represented in every authority having jurisdiction over it. The United Party was dissolved as from 28 June. Sir De Villiers said that he would offer himself as interim leader of the new party, but not as its parliamentary leader. He would not stand for the leadership when the party was properly constituted.
A SURVEY OF RACE RELATIONS, 1977
At a congress held on the same day, attended by about 50 delegates, the Democratic Party also decided to disband. An inaugural conference of the new party was held in Johannesburg on 29 June, attended by about 700 delegates. The name New Republic Party was decided upon. Sir De Villiers was unanimously elected interim leader. He and Mr. Gerdener were elected honorary life presidents. Mr. W. Vause Raw was elected as chairman of the Executive, and Mr. Radclyffe Cadman as parliamentary leader. The draft constitution was accepted in principle and referred to a federal council, which later ratified it. Without the six M.P.'s who were expelled from the UP in January and the six others who decided against joining the new party, the NRP was left with 23 M.P.'s (There was one vacant seat, in Hillbrow, previously held by a member of the UP.) It was the leading Opposition party in the Assembly; had 9 representatives in the Senate; controlled the Natal Provincial Council; and was the official Opposition in the Cape Provincial Council. The decision of Mr. Dave Epstein, former UP Transvaal M.P.C., to follow Mr. Basson left it with only two representatives in the Transvaal Provincial Council. In a surprise announcement on 23 July, Mr. Gerdener said he was withdrawing his active support from the NRP, and re signing his executive role in it. Following the announcement that a general election was to be held on 30 November, Sir De Villiers resigned as interim leader of the NRP in order that Mr. Cadman should lead the election campaign. Sir De Villiers said that he would not again stand for Parliament. FORMATION OF THE SOUTH AFRICAN PARTY
Mr. Myburgh Streicher became leader of the six M.P.'s who had been expelled from the UP in January, the others being Messrs. John Wiley, "Bill" (W.H.D.) Deacon, "Boet" (S.A.) van den Heever, Tony Hickman, and Theo Aronson. During January, Mr. Streicher announced that they would sit in the parliamentary cross-benches as an independent group. In March, after a meeting reported to have consisted of about 50 current or former UP members, Mr. Streicher announced that they would form a new party which would follow the lines of the UP's former policy. It would take up a centrist position in the political spectrum. Its policy would be a federal one based on group representation. It would respect individual freedoms; establish a society where social justice would be ensured; main tain White leadership; and recognise the permanence of urban Africans. On issues such as security measures and the homelands policy it would support the National Party Government.
POLITICAL AFFAIRS: WHITES
An inaugural conference was held in Pretoria on 28 May, attended, it was reported, by some 150 people. They decided that the party should be named the South African Party. FORMATION OF THE PROGRESSIVE FEDERAL PARTY (FP)
The "Basson group" of M.P.'s consisted of Mr. Japie Basson, Professor Nic J. J. Olivier, Mr. J. F. A. (Derick) de Villiers, Mr. Hymie Miller, Mr. H. A. van Hoogstraten, and Mr. Graham B. D. McIntosh. After deciding against joining the Graaff-Gerdener alliance they had discussions with Mr. Eglin and other members of the then Progressive Reform Party. On 21 July Mr. Eglin and Mr. Basson announced from the same platform at a PRP meeting that the two groups proposed merging to form a unified "verligte" opposition party, its policy based on the 14 principles of the Marais committee. They would work towards a national convention or a "Turnhalle-type" constitutional conference in S.A. Mr. Eglin said that the move had the enthusiastic support of Mr. "Kowie" Marais. (He subse quently became a member of their party.) The combined party, named the Progressive Federal Party, was launched at a meeting in Johannesburg on 5 September. Mr. Colin Eglin was elected leader, Mr. Ray Swart national chairman, Mr. Japie Basson deputy chairman, Mr. Harry Schwarz chairman of the federal executive, and Mr. Derick de Villiers deputy chairman of the federal executive. Mr. Eglin announced the party's policy, which was (briefly): (a) full citizenship rights for all South Africans without dis crimination on grounds of race or colour; (b) the negotiation of a new constitution for the country at a national convention representative of all sections of the population; (c) the sharing of political rights by all citizens without domina tion of any one racial group by another; (d) an open society free from compulsory separation or com pulsory integration; (e) the right of all to retain their religious, language, and cultural heritages; (f) equality of opportunity for all in an economy based on free enterprise; (g) the right of each citizen to basic freedoms of religion, association, and movement; and freedom of speech and of the Press; (h) defence of the rule of law and individual rights while acknowledging the State's responsibility to protect society from anyone who sought to overthrow constitutional government by violence or revolution.
20
A SURVEY OF RACE RELATIONS, 1977
Among the guarantees proposed by the PFP against domina tion by any one racial group were the separation of legislative, executive, and judicial powers of government; decentralisation of power on a geographic basis; and a Bill of Rights to protect the rights of individuals and minorities. A strong independent judiciary, appointed by an independent authority, would guard the constitution and its entrenchments. The party would not oppose the right of homelands to opt for independence, but it would insist that the option could be exercised only if a referendum showed that a majority of the people concerned wanted it. Homeland boundaries would be deter mined mutually by the governments concerned. No-one would, because of the independence of his homeland, be deprived of his South African citizenship without his personal consent. Mr. Eglin said that during the transition period leading to the adoption of a new constitution there would be continuous consultation and joint decision-making. The situation in the country was changing dynamically. Account would have to be taken of the autonomous and semi-autonomous homelands. For these reasons the former PRP constitutional blueprint would be regarded only as a model of how merit could replace race in a constitutional structure. He had appointed Mr. Basson, Dr. Zac de Beer, Dr. F. van Zyl Slabbert, M.P., and Senator Brian Bam ford to form the nucleus of a committee which would keep the party's constitutional policy under constant review. STATE OF THE PARTIES AFTER THE RE-ALIGNMENTS
The state of the parties after the re-alignments described above was as follows. NP House of Assembly ...... 116 Senate 43 Provincial Counciis ......... Cape ................. 38 Natal ................ 5 Transvaal ............. 61 Free State ......... 28
Provincial totals
.........
132
NRP PFP 23 18 9 2
SAP 6 -
Ind. -
11 14 2
1 1 13
-
-
-
-
-
-
-
-
27
15
4
4
Totals 163' 54
1
55 20 76 28
1
179
HERSTIGTE NASIONALE PARTY
The right-wing Herstigte Nasionale Party was not represented in Parliament or the Provincial Councils. Its former leader, Dr. Albert Hertzog, resigned from this position in May, and was succeeded by Mr. Jaap Marais. 1 Excluding 6 from South West Africa, whose seats were abolished in terms of Proclamation R249 of 28 September. There were 2 vacant seats, one previously held by the NP and the other by the UP.
21
POLITICAL AFFAIRS: WHITES RESULTS OF THE GENERAL ELECrION
The results of the general election, held on 30 November, were as follows: NP NRP PFP SAP Totals House of Assembly 1 7 3 55 ................ 44 Cape Natal ... ... ... ... ... 10 ............. 66 Transvaal Free State ............. 14
-
9
1 9 -
-
20 752 14
-
Totals ... .... ... ... ... 134 Provincial Councils Cape ....... ... ... ... 44
10 2
6
Natal ................ 8 Transvaal ............ 651 ............. 28 Free State
12 1 -
10 -
17 -
3
1642
3
55 20 76 28
Totals
................ 145 15 16 3 179 The NP representation in the House of Assembly constituted nearly 82 per cent of the seats: the highest proportion ever gained by any one party in S.A. The PFP became the leading Opposition party. Its totale num ber of seats was one lower than before the election-but this had to be seen in the light of the fact that the six members of the "Basson group" who had joined the PFP rather than the NRP had not previously been able to consult their constituents. Mr. Basson and Mr. J. F. A. de Villiers retained their seats. Professor Olivier and Mr. McIntosh lost theirs to the NP by very narrow majorities, but both would have been returned had NRP candidates not split the Opposition vote. Mr. Colin Eglin, Mrs. Helen Suzman, Mr. Harry Schwarz, and Mr. "Kowie" Marais (who had joined the party) were amongst the PFP members who were successful. In Musgrave (Durban) the party's chairman, Mr. Ray Swart, narrowly defeated the leader of the NRP, Mr. Radclyffe Cadman. Three members of the right-wing break-away SAP were re turned (not including the leader, Mr. Myburgh Streicher). In each case they defeated PFP candidates by small majorities, having clearly received support from the NP, which had no candidates in the constituencies concerned. Of the 58 members of the HNP who stood for election all were defeated by very large majorities, forfeiting their deposits in all but two cases. 2 One seat was not filled, a by-election being necessary because of the death of the NP candidate.
POLITICAL DEVELOPMENTS THE COLOURED POPULATION GROUP COMMISSION OF INQUIRY INTO MATTERS RELATING TO THE COLOURED POPULATION GROUP
An account was given on pages 10 et seq of last year's Survey of the recommendations made by the (Theron) Commission of Inquiry into matters relating to the Coloured population group, and of the Government's provisional comments on these, expressed in a White Paper. The Government refused to consider repealing the Prohibition of Mixed Marriages Act or the clause of the Immorality Act that prohibited intercourse between White persons and others. It declined to grant Coloured people direct repre sentation in existing parliamentary, provincial, or local governing bodies, but agreed with the Commission that the Westminster founded system of government did not necessarily have to be followed slavishly in South Africa. (The new constitutional system subsequently suggested by the Government, and reactions by members of the Coloured Rep resentative Council, are described in the first chapter of this volume of the Survey.) The Government stated in 1976 that some of the other recommendations made by the Commission were acceptable, and it promised that a further White Paper would be issued after the State Departments concerned had made a thorough study of the Commission's report. This second White Paper, entitled a "final" one, was tabled in Parliament on 13 April. Certain supplementary observations made in this document on the question of mixed marriages and population registration are mentioned in a subsequent chapter of this Survey, entitled "Population". Reference is made in other chapters to further decisions by the Government, but, for convenience, an extremely brief summary of some of the more significant of them is included here. Employment The White Paper stated that the elimination of differences in salaries and wages between Whites and Coloured workers doing equivalent jobs had been accepted by the Government as a matter of high priority. Attention 'was being given to the status of Coloured doctors and nurses employed in hospitals with the aim of doing away with unnecessary statutory discriminatory
POLITICAL AFFAIRS: COLOURED GROUP
regulations. The Government agreed that wages of unskilled Coloured workers should be such that the household received an income above the subsistence level: the co-operation of private industry and commerce would be necessary. The establishment of racially mixed companies in Coloured group areas was accepted in principle. Coloured and Indian people (but not Africans) would be allowed to acquire land in areas zoned for heavy industry. More "open trading areas" would be provided in the larger cities and towns, where Coloured and Indian businesses as well as White undertakings could be established. The Minister of Labour would have an investigation made of the effect of job reservation determinations on Coloured em ployees. Any adaptations would have to be considered in the context of promoting sound labour relations and in consultation with trade unions. Group Areas in Cape Town The Government refused to rezone District Six as an area for Coloured ownership and occupation, but stated that the interests of Coloured people would be borne in mind when re maining portions of Woodstock and Salt River were zoned. Education In certain circumstances White students would be allowed to register at the (Coloured) University of the Western Cape; but the recommendation that all South African universities should be opened to Coloured students could not be accepted. Nor could the proposal that the University of the Western Cape should fall under the Department of National Education (instead of the Department of Coloured Relations). The Minister of Coloured Relations would retain control over the appointment or dismissal of members of this university's staff. Coloured students would be allowed to attend White technical colleges falling under the Department of National Education when courses that they wished to follow were not available at the Coloured colleges. The Government continued to be opposed to racially mixed schools; but would give further consideration to the admission of pupils of all races to privately-owned schools. The further extension of compulsory education for Coloured children could not be brought about without full investigation. Cultural and scientific organisations A majority group within the Commission had recommended that Coloured cultural activities should be brought under the (White) National Cultural Council. The Government rejected
A SURVEY OF RACE RELATIONS, 1977
this, but accepted a minority group suggestion that a Coloured Council of Cultural Affairs should be established. Machinery would be created for liaison between the two bodies. This did not mean that Coloured people must be excluded from White organised cultural pursuits or functions. The Government accepted a recommendation that scientific, professional, industrial, business, and other such organisations should themselves decide on their membership; but qualified this by saying that in several fields it would be desirable that Coloured societies be created, with an umbrella body for the White and the Coloured bodies. Sport and entertainment It was re-affirmed that the Government preferred separate clubs for sportsmen of different races. Any implication that sport and recreational activities that were controlled by the Coloured Representative Council should fall, instead, under the Department of Sport and Recreation was rejected. In regard to the Separate Amenities Act, which the Com mission found had caused widespread resentment, the Government stated that a Cabinet committee had been appointed to eliminate certain points of friction. The sharing of some public halls and certain beaches, on a selective basis, might result: this was already happening in regard to hotels and theatres. The Government rejected a recommendation that local authorities should be empowered, at the request of the owner of an entertainment or recreational facility in a White group area, to allow Coloured people to attend. It accepted a plea for the creation of suitable eating, toilet, and other facilities for Coloured people in White group areas, and had already taken up this matter with the provincial authorities. It also accepted a proposal that multi-racial gather ings and conferences held for bona fide ecclesiastical purposes should be exempt from control by permit. Reactions to the Government's decisions As noted in last year's Survey, the Commission had consisted of Professor Erika Theron in the chair, six Coloured men, and eleven Whites. On 15 April seven of the members, including Professor Theron, met and signed a joint statement strongly criticising the lack of guidelines in the White Paper for the future co-existence of Coloured and White people. It was doubtful, they said, whether the Government had correctly understood the philosophy under lying their report. They described the direct representation of Coloured people at both central government and local levels as an "urgent
POLITICAL AFFAIRS: COLOURED GROUP
necessity in the present internal and external situation in South Africa". They deplored the rejection of recommendations which were concerned with discrimination and human dignity, for example those in regard to the Prohibition of Mixed Marriages Act and the racially discriminatory provisions of the Immorality Act. Recommendations dealing with the upliftment of the Coloured community, and those with financial implications, they stated, had been accepted only in principle, with no indication of what this would mean in concrete terms. It was submitted that the socio-economic difficulties to which the Commission had drawn attention were so serious that money must be found to extend the necessary facilities and services.' Dr. Stephen I. iArendse, who had served on the Commission, resigned his (nominated) seat in the Coloured Representative Council in protest against the Government's attitude. FUNDS VOTED FOR COLOURED AFFAIRS
In the State Budget for the financial year 1977-81 an amount of R217 390 000 was allocated to the Coloured Representative Council: a considerably smaller amount than that which had been requested by the Council, but R36 786 000 more than the sum voted for 1976-7. (All State expenditure for the year had to be
pruned.) The Council itself decides on the distribution of the money between the various services it controls, viz its administra tion, school education, local government, community develop ment, and Coloured rural settlements. Various other services are still financed by the Department of Coloured Relations. According to the Report of the Controller and Auditor-General for 1975-61 the Department's expenditure that year was: R General administration ......... 10 169 855 Agricultural training ......... 30679 University of the Western Cape ... 4006 000 Promotion of sport and recreation 8400 14214934 Coloured persons are gradually being promoted by the Government to more senior posts within the CRC's Administra tion. This is still headed by a White Commissioner for Coloured Affairs, but during April a Coloured man, Mr. A. J.Arendse, was appointed Deputy Commissioner. (He was not the man who had been recommended by the CRC's Executive.) 1 From reports in the Sunday Times, 17 April, and Rand Daily Mail, 18 April. 2 Appropriation Act of 1977. 3 Part II,RP 7411976, page 215. Vote 31.
A SURVEY OF RACE RELATIONS, 1977 PROCEEDINGS OF THE COLOURED REPRESENTATIVE COUNCIL
The CRC has 40 members elected by constituencies through out the country, and 20 members nominated by the central government. Its party political composition towards the end of 1977 was: Party Leader Seats held Labour Party Mr. Sonny Leon 30 Federal Party Dr. W. J. Bergins 14 Independents Mr. J. A. Rabie 15 There was one vacancy caused by the resignation of Dr. S. I. Arendse, mentioned earlier. As described in earlier issues of this Survey, Mr. Leon was
appointed by the Government in 1975 to be chairman of the Council's Executive, but this appointment was revoked later that
year when he refused to sign the Council's budget. Mrs. Alathea Jansen (a nominated, independent member) was appointed to succeed him. The other four posts on the Executive were during 1977 held by members of the Labour Party. Early in the year the Executive asked the Minister of Coloured Relations to invite Chief Gatsha Buthelezi to open the 1977 session of the Council, this ceremony being due to take place on 9 September. The Minister reported to the House of Assembly4 that he had refused because sessions were opened by the State President or a person designated by him.
The session was opened by the State President, Dr. Nico Diederichs. Labour Party members boycotted the ceremony in protest against the Government's refusal to allow Chief Buthelezi to officiate. On 19 September, Labour Party spokesmen called on Mrs. Jansen to resign. The point at issue was whether she represented the authorities or the Coloured people. The Federal Party moved, as an amendment, that the Council express its fullest confidence in Mrs. Jansen. She continued in office. A motion that was passed unanimously called on the Govern ment to repeal the Internal Security Act, charge or release all detainees held in terms of the Act, and release all witnesses held in connection with the detentions. During the budget debate there was much criticism of the disparity in salaries and social pensions as between Coloured persons and Whites. Dr. Bergins said that he accepted the budget "under protest". But the Labour Party, supported by several Independents, rejected it as being discriminatory. When the matter was put to the vote, the budget was rejected by 36 votes to 15.1 4 Hansard 16 col. 1123. 5 Rand Daily Mail, 27 and 28 September.
POLITICAL DEVELOPMENTS INDIANS COMPOSITION AND POWE*S OF THE SOUTH AFRICAN INDIAN
COUNCIL
In terms of Proclamation R167 of 1974, the SA Indian Council consists of 30 members, half of them nominated by the Government and half elected by persons who on the election day were elected members of Indian local authorities, local affairs committees, management committees, or consultative committees. An elected member, Mr. J. N. Reddy, was appointed by the Government to be chairman of the Council's executive. During 1976 the Minister of Indian Affairs delegated to the Council all executive powers vested in him in regard to education and social welfare. The Council had no legislative powers. In the Assembly on 10 and 24 June' the Minister of Indian Affairs said that a Bill had been drafted to provide that the Indian Council should be fully elected and be given legislative powers. However, it had been decided to hold this matter in abeyance pending the report of the Cabinet Committee which was con sidering adaptations to the country's constitution. ELECTION PROCEDURE FOR INDIANS
In preparation for the election of an Indian representative body, the Electoral Act for Indians was introduced, becoming law as Act 122 of 1977. It was rendered compulsory for every Indian of or over the age of 18 years and permanently and lawfully resident in the Republic or in an African homeland that has become independent to register as a voter, unless he or she is not entitled to registration because of having been convicted of certain offences, or being of unsound mind, or having been committed to a home for alcoholics or drug addicts. Any Indian in the Republic who is entitled to registration but who fails to register will be guilty of an offence, the maximum penalties on conviction being a fine of R50 or three months' imprisonment. The Act made no provision for postal voting, but in all other respects was along the same lines as the legislation governing the election procedure for Whites. As for Whites, Indians who will be unable to visit a polling station on the day of an election can apply to vote as special voters. Appropriate arrangements will then be made for them to record their votes in some other way. 1 Hansard 19 ools. 9864. 9876; Hansard 21 col. 11471.
A SURVEY OF RACE RELATIONS, 1977
The South African Indian Council Amendment Act, No. 123 of 1977, provided that the State President may from time to time by proclamation in the Gazette extend the period of office of any member of the Council for a period not exceeding one year at a time, but such an extension shall not continue after the date of the first election of the members of the Council. The reason for this provision was that the term of office of the existing Council was due to expire on 5 November, and it was doubtful whether elections could be held before then. REGISTRATION OF VOTERS
The registration of Indian voters was undertaken by the Department of Indian Affairs, and commenced in October 1976. Slow progress was made. The Minister explained2 that his De partment was inexperienced in the matter, and further, there were no well-established Indian political parties that concerned themselves with persuading Indians to register. A further probable reason was that some Indians objected to the separate repre sentative body set up for them, considering that all South African citizens should be represented in one central parliament, and they thus refrained from registering. According to various estimates by officials, between 360 000 and 400 000 Indians were entitled to vote. The deadline for registration was at first set as 30 June, but by then only about 62 000 had registered. The date was then extended, first to 31 July (by which date some 114 500 had registered), and then to 30 September (when about 230 000 had registered). POLITICAL PARTIES
As mentioned in last year's Survey, five members of the Indian Council opposed a majority decision that the Council should participate in the Prime Minister's proposed inter-Cabinet council (although on the basis of a trial period of one year). The five dissenters considered that Indians should boycott this body because urban Africans had been denied representation on it. These five men launched a Reform Party, which joined forces with another splinter group which had been called the People's Party. Mr. Y. S. Chinsamy, the Mayor of Verulam, became leader of the Reform Party, other office-bearers being Mr. Salaam Abram-Mayet and Dr. Goolam Mayet. Their aims were similar to those of the Coloured Labour Party. At an inaugural meeting Mr. Chinsamy said his party wanted to get outspoken people elected to the Indian Council, and to use this Council as a community platform from which the grievances of the people 2 Assembly Hansard 19 cols. 9867-8.
POLITICAL AFFAIRS: INDIANS
of South Africa could be aired. Mr. Abram-Mayet said that the party would "deter people from '3accepting short-term concessions and suffering in the long run." Following talks in October between the Natal Indian Congress and the Transvaal Action Committee, the two bodies decided to co-ordinate their political efforts to oppose the Government's plans for the election of a §A Indian Council.4
3 Star, 23 March.
4 Star, 12 October.
INTER-CABINET COUNCIL The establishment and composition of the Inter-Cabinet Council was described on pages 16 and 21 of last year's Survey. A meeting of this council was held in March. It was again boycotted by the (Coloured) Labour Party: Mr. Sonny Leon is reported' to have said that one of his conditions for participation would be the inclusion of representatives of Africans. Further, he considered that nominated members of the Coloured and Indian Councils should not serve on this body. Questioned in the Assembly on 19 April, the Prime Minister gave a list of the Coloured and Indian Councillors who had attended meetings of the Inter-Cabinet Council since its inception in September 1976: the Coloured persons included Mrs. A. Jansen and the leaders of the Federal Party and Independents, and the Indians included Mr. J. N. Reddy, chairman of the Indian Council's Executive, and Mr. A. M. Moolla, chairman of the Council itself. As mentioned in the first chapter, in terms of the Govern ment's new constitutional plan the Inter-Cabinet Council will be abolished. Instead there will be separate White, Coloured, and Indian parliaments to deal with domestic matters, and a mixed White, Coloured, and Indian Council of Cabinets to deal with matters of common concern.
1 Sunday Timez, 8 May; Star, 9 May. 2 Hansard 12 col. 866.
BLACK POLITICAL ACTIVITY OUTSIDE GOVERNMENT STRUCTURES BLACK CONSCIOUSNES
ORGANISATIONS
The creation of Black consciousness movements was described on pages 22 et seq of last year's Survey. In early February the Black People's Convention (BPC) held an extraordinary congress in Durban at which it established a secretariat for external affairs the main purpose of which was to house and educate young black refugees from S.A. Mr. Ranwedzi H. Nengwenkhulu, based in Botswana, was appointed director general of the secretariat. The BPC hoped to establish diplomatic links through the secretariat with all major capitals in the world. Mr. Steve Biko was elected honorary life president of the organisation. The congress adopted as its economic policy a document outlining the principles of "black communalism" which, according to a statement issued, strikes a healthy balance between what may legitimately be owned by individuals and what ought to be owned by the community. 2 Mr. Kenneth Rachidi was elected as president.' The BPC called a nationwide Hero's Week commemoration starting on 21 March (the anniversary of Sharpeville) which was marked by religious services throughout the country. In August a group of women in Soweto founded a new body, the Black Women's Convention, which adopted Black Consciousness as its basic policy and intended to act in con sultation with the BPC.' The South African Students' Organisation (SASO) held a meeting with BPC in Soweto in May at which the organisations decided to continue working together. They formed an action committee to operate while executives of the two organisations were in dentention. SASO made attempts to re-establish itself on the black university campuses from which it had been banned. (SASO's activities at universities are discussed in the chapter on university education.) The organisation held its ninth annual con ference at Hammanskraal in July, the opening speaker being Mr. M. Tlhabanello, SWAPO's publicity secretary. The theme of the conference was "Towards practical manifestations of black consciousness." Motions at the conference called for the develop ment of black art and culture, welcomed the collapse of the 1 For further details concerning
Administration and Homelands. 2 Sunday Tribune, 6 February.
African political affairs see chapters oL Urban African 3 Daily Dispatch, 1 February, 4 Rand Daily Mail, 22 Augusi.
A SURVEY OF RACE RELATIONS, 1977
Soweto Urban Bantu Council, and condemned multi-racial con cessions in the field of sport on the grounds that sport would continue to be abnormal until all South Africans had equal economic and political rights. 5 A resolution was adopted con demning the activities of the Urban Foundation for sabotaging the interests of blacks in S.A. by creating a black middle class. The Foundation declined to comment on the resolution.6 Black Community Programmes Limited (BCP) expanded its activities during the year. The 1976 annual report of its board of directors stated that the organisation sought to develop pro grammes and projects in response to the critical circumstances of the urban and rural black communities. The organisation's Zanempilo Health Centre near King William's Town continued to operate, despite the banishment to the Northern Transvaal in April of the centre's director, Dr. Mamphela Ramphele BCP also continued to market handicraft goods and encourage home industries. During the year it published the 1975-76 edition of the Black Review, its annual survey of events in the black com munity. The 1976-77 edition was planned to be published in October. In Natal the BCP finalized plans for another health centre. The Transvaal branch of the BCP started a mobile clinic in July which operated in the Reef townships and squatter communities. The South African Students' Movement (SASM), continued to operate with black high school pupils forming the predominant membership. It adopted the following standpoints at its annual general meeting in July: all government created bodies were rejected; religions should be made more indigenous and promote the black struggle; workers should participate fully in the libera tion of the country; wages should be determined by ability; black professional people should seek to serve their community. The meeting also condemned foreign investment for promoting apartheid.' In July the BPC convened a meeting attended by representa tives of ten black organisations8 to discuss the question of home land independence. A statement was issued in which independent homelands were condemned as an extension of divide and rule and for misdirecting the creative energies of the people away from the true goals of liberation. The organisations sent an open letter to Chief Mangope of BophuthaTswana, calling on him not to sell the souls of the people by accepting independence. 5 Rand
Daily Mail, 12 July. 6 Rand Daily Mail, 7 August; 8 August. 7 Rand Daily Mail, 11 July. 8 BPC, SASO, Union of Black Journalists (UBJ), Inter-Denominational African Ministers' Association (IDAMASA), African Social Educational and Cultural Association (ASSECA), Black Priests' Solidarity Group, SASM, SA Teachers' Association, Black Women's Con vention and SABSWA.
POLITICAL AFFAIRS: AFRICANS
The Black Parent's Association (BPA), under the chairman ship of Dr. Manas Buthelezi, continued to play a role in the educational and community affairs of Soweto. Branch associations were established in other townships on the Reef and Pretoria. According to a financial statement issued in January the BPA paid out more than R1OO 000 in aid to victims of the Soweto civil unrest of the previou year. Aid totalling R26 450 was given to detainees' families. Grants of RIO 000 each were given to the Natal and Cape branches of the BPA which were established in 1976.1 According to the Minister of Justice the BPA had received financial aid from Amnesty International and from the International Confederation of Free Trade Unions. 10 Speaking at the OFS congress of the Nationalist Party, the Minister of Police, Mr. J. Kruger, said that there was evidence that the black consciousness movements "planned to co-operate" with the ANC in polarising blacks against whites." When Mr. Andrew Young, the US Ambassador to the UN, visited SA in May, the BPC issued a statement saying that its members would not be prepared to meet him until he met South Africa's true black leaders. Former ANC and PAC leaders were listed as being such leaders."2 In April Mr. Steve Biko refused a US State Department offer of a sponsored visit to the US because, said BPC officials, the US had not yet demonstrated its claimed change of attitude to S.A. i" Following the death in detention of Mr. Steve Biko in September, Black Consciousness organisa tions held memorial services in different parts of the country. It was estimated that more than 15 000 people attended his funeral in King William's Town on 25 September. Leading church men led the service and most Western embassies were represented. Speakers emphasised that Mr. Biko's death had not been in vain and that black consciousness would be strengthened. Mr. K. Rachidi, BPC president, called for black unity and for homeland leaders to resign. The main black consciousness groups suffered considerably during the year through the banning and detention of their leaders. Individual detentions and banning orders are discussed in the chapter dealing with security legislation. The groups made repeated statements emphasising that their work was nevertheless continuing. On 19 October, as part of a swoop on various organisations and individuals, the following black consciousness and related organisations were banned in terms of the Internal Security Act: BPC, SASO, SASM, Union of Black Journalists (UBJ), BCP, BPA, SSRC, ASSECA, the Black Women's Federa tion, the National Youth Organisation, the Border Youth Organisa tion; the Eastern Province Youth Organisation, the Medupe 9 Rand Daily Mail, 15 January. 10 Eastern Province Herald, 4 February. 11 Rand Daily Mail, 16 May; 9 September.
12 Rand Daily Mail, 16 May. 13 Rand Daily Mail, 14 April.
A SURVEY OF RACE RELATIONS, 1977
Writers' Association; 14 the Natal Youth Organisation, the National Youth Organisation, the Transvaal Youth Organisation, the Western Cape Youth Organisation, the Zimele Trust Fund and the Siyazinceda Trust Fund, Cape Town.' 5 In addition leaders of most of the organisations were placed in preventive detention in terms of the Internal Security Act. At a press conference following the bannings and detentions, Mr. J. Kruger, Minister of Justice, said that reports left no doubt that the activities of the organisations endangered the maintenance of law and order. "The Government is determined to ensure that the peaceful co-existence of peoples in S.A. is not disturbed by a small group of anarchists." He claimed that individual organisers kept themselves in the back ground and continued to use organisations, publications, people almost exclusively young - for the creation of a revolutionary climate and for the organisation of unrest.' 6 Condemnation of the bannings and detentions was widespread both within and outside SA. Speakers warned that black consciousness groups would go underground and adopt violent means as the ANC had done after its banning in 1960.17 The Prime Minister announced that he fully supported the Minister of Justice in his actions. Dr. E. Rhoodie, Secretary for Information, said that the action had been taken after consideration for a month by a cabinet committee."' STUDENTS' REPRESENTATIE COUNCILS
Until its banning in October the Soweto Students' Representa tive Council continued to operate publicly despite the detention of many of its leaders or their fleeing SA to avoid police action. Mr. Khotso Seathlolo, who succeeded Mr. Tsietsi Mashinini as SSRC leader, fled the country in January and Mr. Daniel Sechaba Montsisi was elected to replace him. It was reported that a com mittee of 45 students, representing all secondary schools in Soweto, was operating under his leadership. The SSRC con tinued its campaign against Bantu Education and during the year there was an almost complete boycott of secondary schools in Soweto. This campaign is discussed in greater detail in the chapter on disturbances. In April the SSRC organised a student march in protest against proposed rent increases in Soweto. The rent increases were not implemented at the time. Later in the year the SSRC 14 A group of mostly young black writers on the Reef who formed the organisation during
the year and held regular poetry readings. and Siyazinceda Trust Funds assisted families of detainees and political prisoners. The Christian Institute and many of its office bearers were also banned as were the World and the Weekend World newspapers and Pro Veritate, the Christian Institute's publication. See later chapters for details. Proc R282-302 Gazette 5784 of 19 October 1977. 16 Rand Daily Mail, 20 October. 17 Rand Daily Mail, 21 October. 18 SABC News broadcast, 20 October. 15 The Zimele
POLITICAL AFFAIRS: AFRICANS
developed a campaign to force the withdrawal of Africans serving on "collaborationist institutions". Members claimed that the Government's policy of separate development could not function without the co-operation of blacks. As reported elsewhere in this Survey, the Soweto Urban Bantu Council collapsed as a result of resignations following the SSRC campaign. Some mem bers of school boards, in some cases entire school boards, also resigned as did many African teachers in post-primary schools. It was reported that African policemen and traffic police would be subjected to the same pressure.19 However the campaign against traffic police was unsuccessful and was dropped. Chairman Montsisi was detained in June with 17 other SSRC members as part of a police clampdown before commemoration activities, planned for June 16. Mr. Trofomo Sono was elected to succeed him. In interviews he claimed that the SSRC had, as its main objective, the destruction of Bantu Education and the institution of equal education. He led the campaign against school boards. In August Mr. Sono fled to Botswana after more than twenty Council members had been detained. The SSRC announced that in future it would be led by a secret executive committee of six members. The SSRC, with numerous other organisations, was banned in October. Other SRC's operated in major townships on the Reef and Pretoria and formulated similar campaigns directed against Bantu Education. Among them were the Katlehong SRC (Ger miston), the Atteridgeville/Saulsville SRC, the Mamelodi SRC and the Daveyton SRC. Other student leadership groups operated throughout the country but their activities were not clearly documented. THE SOWETO COMMITTEE OF TEN
In June, following the collapse of the Soweto Urban Bantu Council, it was suggested in the Press that prominent people in Soweto should establish a civic body to run the affairs of the area. Shortly thereafter a meeting of people drawn from a number of organisations in Soweto was held at the offices of the World at which a Committee of Ten was elected, headed by Dr. Harrison Motlana and composed of leading professional people, teachers, churchmen and others. Following detailed discussions the group adopted the name Soweto Local Authority Interim Committee. The committee announced that it would have no dealings with the "unacceptable" West Rand Administration Board, and would negotiate with the Government only. It maintained that Soweto, and ultimately all other major black urban cities, should be administered by 19 Rand Daily Mail. 18 July.
A SURVEY OF RACE RELATIONS, 1977
autonomous city councils, independent of Administration Boards and even of provincial administrations. The committee drew up a blue-print for the future of Soweto, details of which are dis cussed in the chapter on Urban African Administration. The committee was prevented from putting its blue-print to the people of Soweto because two successive public meetings organised by the committee were both banned. The Minister of Police and the Deputy Minister of Bantu Affairs both stated that the Government would not negotiate with "self-appointed" groups. It would negotiate only with a community council elected in terms of the new Act. Copies of the committee's blue-print were widely distributed. In October members of the committee were detained in terms of the Internal Security Act. INKATHA
Mention has been made in previous issues of this Survey of Inkatha Yenkululeko Yesizwe (National Cultural Liberation Movement) based in KwaZulu with Chief Gatsha Buthelezi as president. It has been described by its leadership as a non-violent liberation movement, committed to African solidarity but recog nising the need for justice for people of all racial groups, and the necessity for both black and white participation in the future of S.A. Since its revival in 1975' the movement has demonstrated widespread grass-roots organisation and has grown rapidly. Leaders claimed to have had about 120 000 paid-up members by September 1977, with some 300 branches in Natal, the Transvaal and Bloemfontein. 2 Membership is not restricted to Zulus but is open to all Africans over 18 years of age. The movement staged a series of well-attended rallies in different parts of the country during the year.' In March the movement held talks with the Progressive Reform Party in Durban to explore possibilities of political co operation between different races. Dr. B. Sibusiso Bhengu, speak ing on behalf of the organisation, said that it was hoped that Inkatha would be recognised as a liberation movement alongside organisations such as the PAC and ANC or instead of them. He claimed that the movement had the support of many 4 nations in Europe and Africa as well as individuals in the US. During July the South African Minister of Justice, Mr. J. T. Kruger, met Chief Buthelezi and his Minister of Justice, Mr. Mtetwa. Mr. Kruger was reported to have intimated that he had no objection to Inkatha as a national movement for Zulus, 1 Inkatha was first founded in 1928 by Chief Buthelezi's grandfather, King Solomon ka Dinizulu. 2 Sunday Times, 25 September; Star, 20 September. 3 Further details on Inkatha are contained in SAIRR: Natal Region, Infoirnation Sheet No. 1. 4 Sunday Tribune, 3 April.
POLITICAL AFFAIRS: AFRICANS
but there would be trouble if Chief Buthelezi wanted to broaden its base. The Chief told the Press afterwards he had told the Minister that while the National Party did not exclude English speaking South Africans and Jews, in the same way Inkatha could not exclude other Africans. Many members of the move ment's central committee were not Zulu-speaking, and some branches had a majority who were not Zulus. "I told him it has already happened. We are already doing what he is trying to prevent". Chief Buthelezi assured Mr. Kruger that the Inkatha movement was not aligned with the ANC and PAC in their activities. 5 Inkatha continued to be isolated from black consciousness groups. Chief Buthelezi accused BCP and BPC of wrongfully attacking him and questioned the participation of Mr. H. Bhengu and Dr. S. Nyembezi, members of Inkatha, as directors on the board of BCP. He also criticized BPC for having no grass roots support. He claimed that the organisation had promised him support provided he resigned his position as Chief Minister of KwaZulu.6 During the year Inkatha continued to publish its monthly newspaper The Nation which was established towards the end of 1976. It contained articles in English and Zulu. In July the newspaper's circulation manager accused the police of mounting a campaign of harassment against Inkatha by detaining and questioning members of the movement's youth brigade who sold the newspaper. 7 BLACK UNITY FRONT
The Black Unity Front held a conference at Seshego, Lebowa, during February. Opening the conference, Dr. Cedric Phatudi, Chief Minister of Lebowa, emphasised that the BUF had national unity as its ultimate aim. The BUF was aware of the urgency of the situation because of the growing anger of young Africans.8 Dr. S. M. Nyembezi, chairman of the Front's steering committee, announced in April that the organisation had set itself a five-year target for majority rule in SA. He said that the BUF was actively promoting the Inkatha move ment. The idea behind the formation of the BUF was to forestall homeland independence. Other aims of the Front are summarized on page 28 of last year's Survey. The organisation announced in February that behind-the-scenes talks had been going on between BUF and those homeland leaders who had not opted for independence.' S Sunday Times, 25 September; Star, 20 September.
6 Sunday Times, 2 October. 7 Cape Times, 8 July. 8 Rand Daily Mail, 7 March. 9 Rand Daily Mail, 15 February.
A SURVEY OF RACE RELATIONS, 1977
Institute of Black Studies
The formation of this institute as well as the Institute of Black Research in Durban was described on page 24 of last year's Survey. As a result of the banning and detention of many of the individuals involved in these organisations during 1976 and the year under review they ceased to function on a formal basis. POLITICAL MOVEMENTS IN EXILE
Both the ANC and PAC continued to operate in exile. During the year there were manifestations of continued differ ences between the two groups. A Soviet-oriented international "solidarity conference" held in Lisbon in July passed a resolution naming the ANC as the "sole authentic representative of the SA people". This was the first major international gathering to choose between the ANC and PAC. The OAU continued to accord equal recognition to both groups. 10 The UN organised a World Conference for Action Against Apartheid held in Lagos, Nigeria, in consultation with both the ANC and PAC. 1 Both organisations were reported to be recruiting young blacks in Swaziland and Botswana who fled S.A. in large numbers after the June 1976 civil unrest and subsequent police action. However, substantial numbers of the refugees refused to join the organisations and some student leaders, including ex-SSRC leader, Tsietsi Mashinini, criticized the ANC on the grounds that it was out of touch with the internal situation and ineffective. 1 Some unnamed students alleged that they were forced to go for military training. It was reported in April that Mr. Joe Slovo of the SA Communist Party had opened an office in Luanda, Angola, for the ANC. Other exiles were reported to be working in Mozam bique.2 Okhela, the white group of which Breyten Breytenbach was alleged to be a member, was reported to be operating and working towards further disclosures about the sanction-breaking activities of oil companies.' Former SA soldier, Mr. Bill Anderson, held a press conference in New York in January at which he claimed he had been appointed Okhela's first "above ground" activist. He condemned alleged mistreatment of Breytenbach in prison.4 It was reported in August that representatives of black consciousness movements in S.A. had established an office in 10Star, 7 July. 11 Star. 22 August. 1 Star, 14 June. Mashini lated withdrew his criticisms
of the ANC and PAC and called for their unification with the student movements. Rand Daily Mail, 10 March. 2 Sunday Times, 17 April. 3 Sunday Times, 10 April. 4 Rand Daily Mail, 8 January.
POLITICAL AFFAIRS: AFRICANS
London and were lobbying for international support inde pendently of the ANC. Following the banning of black conscious ness organisations in October it was reported that a meeting was to be held at the London office of the BPC, which members of ANC and PAC were expected to attend. Informal contacts were continuing between the organisations and it was speculated that the banning of the black consciousness groups could lead to their collaboration and possible unity with the ANC. Anti apartheid workers and organisations in Europe who had pre viously supported black consciousness as a vehicle for peaceful change announced their support for the ANC.5 In October an ANC delegation consisting of Mr. Oliver Tambo, president, Mr. Alfred Nzo, secretary and Mr. Thomas Nkobi, treasurer, was received by the Dutch Prime Minister and Cabinet Ministers and was promised R180 000 to assist black SA refugees in Tanzania and Angola. The money was earmarked for "humanitarian purposes".' The extent of ANC and PAC activity within S.A. during the year was difficult to assess due to the clandestine nature of their operations. However the following incidents serve as indi cations. The police and the Minister of Police stated on several occasions that the ANC had distributed pamphlets and posters in townships. The ANC claimed responsibility for the shooting attack in Johannesburg (Goch Street) in which two persons were killed. The ANC also claimed responsibility for the death of security police detective sergeant L. Nkosi who was shot dead in Natal in September. It was reported that he had been involved in the investigations leading to the Pietermaritzburg ANC trial.' In addition to this trial, in which nine persons were convicted of charges including recruiting for the ANC, there were several other trials during the year indicating ANC connections. 8 Twelve persons were brought to trial in Pretoria on charges (among others) of promoting the aims of the ANC through violent means. Trials connected with PAC activities were not as numerous. In March three persons were convicted of charges relating to the PAC. Security Police also confirmed that a major investigation was under way into suspected activities by or on behalf of the PAC.9
5 Sunday Times, 30 October. 6 Rand Daily Mail, 13 October.
7 Star, 12 September. 8 see SAIRR Security and Related Trials, April 1977, and chapter on Administration of Security Legislation. 9 Rand Daily Mail, 29 June.
THE CHURCHES SOUTH AFRICAN COUNCIL OF CHURCHES
During 1977, black churchmen played an increasingly im portant role in the leadership of the SA Council of Churches. During July, Dominee Sam Buti of the Nederduitse Gerefor meerde Kerk in Afrika was elected as president. A few weeks earlier the ex-president, the Rev. John Thorne of the United Congregational Church, succeeded the Rev. John Rees as secretary-general, but after four months he relinquished the post for personal reasons, and Mr. Rees agreed to act in a temporary capacity until the end of the year. The Bishop of Lesotho, the Rt. Rev. Desmond Tutu, was appointed to take over the post in 1978. When rioting began in Soweto in June 1976 and spread rapidly throughout the country, heads of churches affiliated to the SA Council met and decided to set up a relief fund to help those who would suffer as a result. It was named the Asingeni Fund (this word, meaning "We don't go in", having being frequently used during the boycotts of schools). The money raised was spent on providing bail for students held in jails, paying fees to lawyers to defend students charged with various offences, supplying meals for detainees under the Internal Security Act, paying funeral expenses, paying for food, rent, blankets, and clothing for needy families who had lost their breadwinners as a result of the disturbances, and a news paper education scheme for children wanting to catch up on their schooling. Mr. John Rees, who was administering the fund, said in July1 that the books had been balanced for the year ending 19 June. Since the unrest began, more than R1 200 000 had been raised, about R191 000 of it from within S.A. and the bulk of the rest from overseas churches. The Council formed service groups of young African Christians in a number of areas, members repairing damaged homes and providing other help to families in need. Mr. Eugene Roelofse was appointed as ombudsman, concern ing himself with the problems of consumers. The Council continued through Devcraft to market craft work produced on rural mission stations, and it continued to award bursaries to Africans for school and university education. INTEGRATION OF PRIVATE CHURCH SCHOOIS
As reported on page 322 of last year's Survey, early in 1976 the Roman Catholic Church in S.A. decided in principle to 1 Star. 4 July.
THE CHURCHES
integrate its private schools, and the Anglican and Methodist Churches supported this move. The United Congregational Church of Southern Africa announced its support for integration in private schools. At the beginning of the 1977 school year the Roman Catholic authorities admitted some black pupils to various of its schools. No difficulty was experienced in Natal, where the (United Party controlled) provincial administration raised no objection. How ever, apparently without consultation with the Government, the Administrators of both the Cape and the Transvaal announced that schools established for whites which accepted black pupils would be de-registered. Because the law provided that parents must send their children to registered schools, the parents of white children attending de-registered schools would then be liable to prosecution. 2 Representatives of the Anglican Church (Church of the Province of South Africa) met the Administrator of the Cape, Dr. L. A. P. A. Munnik, to discuss the opening of their schools to pupils of all races. The Administrator is reported3 to have said that his Administration had begun a feasibility study on the admission of black children to five Anglican schools in the Western Cape. He invited representatives of the Roman Catholic Church also to discuss the issue with him. A meeting was duly arranged, after which a joint statement was issued 4 reading, "The Roman Catholic Church agreed that the present situation regarding the admission of pupils other than whites to Catholic private schools be frozen pending the outcome of further discussions at Government level". Similar talks took place between representatives of the Roman Catholic Church in the Transvaal and the Administrator, Mr. Sybrand van Niekerk, after which it was announced that no statement would be issued in view of the Catholic Church's intention to ask the Government to amend the law to enable pupils of all races to be admitted to private schools. Shortly afterwards, a delegation from the Roman Catholic Church met the Minister of National Education, Dr. Piet G. J. Koornhof, and the two Administrators. It was agreed that the Cabinet would examine the question of racially mixed private schools. Meanwhile, no action would be taken against schools that had admitted black pupils provided that no more were admitted in 1977 or early in 1978.5 COMPUISORY SERVICE IN THE ARMED FORCES
As described on pages 46-8 and 57-62 of the 1974 Survey, the questions of conscientious objection to military service, and 2 Sunday Times, 23 January. 3 Ibid, 13 February.
4 Star, 22 February. 5 Rand Daily Mail, 29 March.
A SURVEY OF RACE RELATIONS, 1977
of whether Christians were called upon to take up arms to fight in a war that they regarded as unjust, were hotly debated in South Africa during that year. In a motion passed by majority vote, a conference of the SA Council of Churches, resolved inter alia, that SA was an unjust and discriminatory society, and it called on Christians to consider whether Christ's call to identify with the oppressed did not involve becoming conscientious objectors if a war were fought against forces seeking to bring about change in this unjust society. The conference also questioned the basis on which chaplains were seconded by the churches to the military forces, lest their presence indicate moral support for the defence of an unjust and discriminatory society. In terms of the Defence Act of 1957, it was rendered an offence to refuse to serve at all in the Defence Force or any auxiliary service if called upon to do so. But it was not an offence to refuse to serve in a combatant capacity if one's bona fide religious denomination was opposed to participation in war. The Act provided for such persons to be assigned to non combatant duties. No mention of the "justice" of any war was, however, made. This whole question was again raised at the Southern African (Roman) Catholic Bishops' Conference which met in Pretoria in February 1977. The Conference urged the State to make provision for alternate forms of national service for those who looked upon service in the armed forces as participation in unjust oppression.' The resolution was supported, among others, by the United Congregational Church of Southern Africa, the Methodist Church, and the Synod of Bishops and the Cape Diocesan Synod of the Anglican Church.7 ATTENDANCE OF BLACK WORSHIPPERS AT
CHURCHES IN WHITE AREAS
In April, the East Rand Bantu Administration Board sent a circular to local authorities stating8 that there had been public complaints about worship by blacks in white areas. If a mixed service or a service for blacks was to be held, prior permission should be sought in terms of the Group Areas Act. It would be granted only if there were no suitable facilities for blacks in black townships, or if transport facilities to such townships were not available. (It would appear that the Board was possibly under a misapprehension. The Group Areas Act had never been regarded 6 Rand Daily Mail, 7,8, and 10 February. 7 Ibid, 18 February; Star, 21 April; Rand Daily Mail, 19 October. 8 Sunday Times report, 17 April and 11 September.
THE CHURCHES
as applicable to church services. The Native Laws Amendment Act, No. 36 of 1957, laid down that if the local authority con cerned concurred, if the church concerned had been afforded rea sonable time to make representations, and if the Minister had con sidered the availability or otherwise of alternative facilities, he might direct that the attendance of Africans at any church or religious service in the white part of a town should cease as from a date specified. He might do this only if in his opinion the Africans were causing a nuisance or if he considered it undesirable for them to be present on the premises in the numbers in which they ordinarily attended. This provision, commonly known as the "church clause", had never been invoked.) During September, inspectors of the West Rand Administra tion Board visited a number of clergymen in white areas of Johannesburg, enquiring whether permits had been obtained for mixed worship, and whether separate seating and toilet facilities were available. This whole matter caused great concern among members of churches, Afrikaans as well as English-speaking. CHRISTIAN INSTITUTE OF SOUTHERN AFRICA
On 19 October the Minister of Justice declared the Christian Institute to be an unlawful organisation. Banning orders were served on its Director, Dr. Beyers Naud6, its Administrative Director, the Rev. Brian Brown, and its Cape Director, the Rev. Theo Kotze. NEDERDUITSE GEREFORMEERDE KERK
Through its official organ, Die Kerkbode, the Nederduitse Gereformeerde Kerk in September warned State officials and Church members to guard against race discrimination. It called for negotiations with the Government for changes to all laws which gave offence, and stressed that all attitudes and actions which offended human dignity should be repudiated in the Church's preaching.'
9 Rand Daily Mail, 26 September
LAY ORGANISATIONS WORKING FOR BETTER RACE RELATIONS S.A. INSTITUTE OF RACE RELATIONS
The 47th Annual Meeting of the Institute of Race Relations was held in Durban during January. An opening address by Mr. C. Van Der Poll preceded the Rev. E. E. Mahabane's presidential address, which was entitled The Urgent Need for Fundamental Change in South Africa. During the proceedings an Alfred and Winifred Hoernl6 Memorial Lecture was given by Professor G. R. Bozzoli entitled Education is the Key to Change in South Africa.' The papers presented, elaborating on the theme introduced by Mr. Mahabane, were: The Economic Consequences of Apartheid (RR 187/76), by Mr. L. G. Abrahamse. The Challenge of Change and some Arithmetic of Apartheid (RR 185/76), by Mr. Michael Savage. Urgent Need for Change in the Social Field (RR 5/1977), by Mr. Michael R. Rantho. The Urgent Need for Fundamental Political Change in South Africa (RR 186/77), by Professor David Welsh. Overview (RR 17/1977), by Professor Lawrence Schlemmer. Activities of the Institute during the year are mentioned in appropriate sections of the chapters that follow. THE URBAN FOUNDATION
A conference of leaders of industry and commerce was held in Johannesburg towards the end of 1976, at which it was decided to establish the Urban Foundation to work for the improvement of the quality of life mainly in the urban African townships of SA. Mr. Justice J. H. Steyn was appointed executive director: he had been granted indefinite leave from the Bench to launch the Foundation. He had previously, for ten years, been chairman and president of the National Institute for Crime Prevention and the Rehabilitation of Offenders, and was a previous director of the Citizens' Housing League. Mr. Harry Oppenheimer was elected chairman, Dr. Anton Rupert deputy chairman, and the other 23 directors included 1RR.
8/1977.
2 These two papers were published by the Institute of Race Relations.
ORGANISATIONS CONCERNED WITH RACE RELATIONS
45
Dr. Zac de Beer, Mr. Clive Menell, Dr. Jan Marais, Mr. Pat Poovalingam, Mr. S. M. Motsuenyane, Mr. V. E. M. Tshabalala, and ,Dr. Frans Cronje. Regional committees composed of leading businessmen, black and white, were established in the major cities and towns. Mr. Justice Steyn announced in March3 that the Foundation would organise and direct the resources and the initiative of the private sector to come to grips with the social problems of the underprivileged in S.A. It would make extensive use of self-help, involving communities in local problems. The Foundation decided to try to raise an initial R25 000 000 over five years to implement its objectives. Among donors who promised large sums, mainly in instalments over five years, were the Anglo American Corporation, De Beers, the Oppenheimer family, Pick 'n Pay, the Rembrandt Group, and Mobil. Certain business houses agreed to meet normal running costs over the first five years in order that all funds raised publicly could be spent on the practical objectives of the Foundation. One of the first projects was completed by June: a neighbour hood improvement scheme in Orlando West, Johannesburg, to repair facilities following the earlier rioting and thc destruction of officially-owned machinery and vehicles. An African committee recruited local residents to clear up rubble and accumulated refuse, clean and repair streets and stormwater drains, and plant trees and grass. The Foundation provided transport, tools and skilled guidance. A similar scheme was undertaken at Alexandra Township. A major project in Sebokeng in the Vaal Triangle was to assist African owners and occupiers of homes in the townships to improve or extend their houses. A display centre for materials and advice was established, and an exhibition arranged of some houses that had been improved. Contracts were arranged with suppliers of building and other materials with the object of making these available at low prices. A loan was negotiated with the West Rand Administration Board to enable it to buy equipment to improve refuse removal. Another loan was obtained from a private bank to enable the Johannesburg City Council to proceed immediately with the construction of 55 houses for Coloured people. A study was conducted of the feasibility of constructing and financing a rail link between the Coloured area of Mitchell's Plain and Cape Town city. Materials, plans, and supervision were provided for the building of schools, creches, and community centres in three officially-acknowledged squatter camps in Cape Town. 3 Rand Daily Mail. 8 March.
A SURVEY OF RACE RELATIONS, 1977
Work was done on the drawing up of a Statement of Prin ciples for South African employers, dealing with matters con cerning the employment of black workers. POSSIBLE SUPPLY OF ELECTRICITY TO HOUSES IN SOWETO
It was announced early in 19774 that a number of leading commercial banks in S.A. including Barclays, Nedbank, the Standard, and Volkskas, had pledged nearly R60 000 000 in five year loans to make it possible for all homes in Soweto to be supplied with electricity. (The Star estimated on 18 February that barely one-quarter of the houses then had electric power.) Roberts Construction Company, the Anglo American Corporation, and Siemens electrical company had been involved in the planning. The loans would have to be underwritten by the Government. The Minister of Finance was stated to have approved the plan in principle. The likely availability of Government funds required investigation, also the extent to which African householders would in fact be able to pay for the installation and supply of electricity. A feasibility study was conducted by the West Rand Administra tion Board. During November, the offer made by the banks was rejected. The chairman of the Board stated that further investiga tions were in progress. WOMEN FOR PEACE
The establishment and aims of the organisation in Johannes burg called Women for Peace were outlined on page 30 of last year's Survey. The co-chairmen are Mrs. Bridget Oppenheimer and Mrs. Cecil Cilliers. By September, when it had its first birthday, the organisation 5 to have more than 3 000 members, white and black, reported was divided into some 37 small working units. Each unit was asked to choose and undertake some local project which would foster inter-racial understanding and harmony and promote peaceful change. One group in Johannesburg was arranging for parties of children of all races to participate in various activities at picnics and other outings, while their mothers met and exchanged views. On a number of occasions deputations from the organisa tion were received by Cabinet Ministers and senior officials in the Public Service. Other independent bodies with similar aims and a co operative relationship are Women for Peace Now in Cape Town, Women's Movement in Durban, and People for Peace in Port Elizabeth. 4 Rand Daily Mail, 15 February; Star, 4 April. 5 Star, 7 September; Rand Daily Mail, 18 August.
ORGANISATIONS CONCERNED WITH RACE RELATIONS
47
NATIONAL COUNCIL OF WOMEN OF SOUTH AFRICA
The National Council of Women of SA held its 43rd national conference in Bloemfontein early in May, on the theme "Peace through Justice". Members discussed the role of people of good will who were committed neither to black nationalism nor to white intransigence. KONTAK
A group of Afrikaans-speaking women called Kontak (Con tact) was formed in March 1976 under the presidency of Mrs. Freda van Rooyen. Members were concerned about the lack of contact between Afrikaans women and women of other racial groups, especially in the Coloured community, and aimed at helping to bridge this gap. During 1977 Kontak held a two-day seminar at the University South Africa in Pretoria at which the problems and difficulties of facing Coloured people were discussed, the main speaker being Professor Erika Theron. Thereafter, students at the Universities of Pretoria and Potchefstroom asked for branches of the organisa tion to be established on their campuses. A number of informal meetings were arranged, during the year, between White and Coloured women; and it was planned to bring together school children of both groups for debates and discussions.6 FEDERATION OF BLACK WOMEN OF SOUTH AFRICA
The theme of the Federation's second annual conference, held in September, was "Our Institutions and Us". A guest speaker, Dr. Dorothy Height, spoke on the role of women during the civil rights struggle in the United States. Mrs. Deborah Mabiletsa, director of the Women's Division of the SA Council of Churches, was elected as national president of the Federation to replace Mrs. Fatima Meer, the founder president who was banned in 1976. The Federation was declared an unlawful organisation on 19 October. WOMENS' LEGAL STATUS COMMITIEE
The Womens' Legal Status Committee was formed in 1976. Its objectives are to work towards the elimination of the legal disabilities and the upgrading of the legal status of all South African women regardless of race, creed or colour. It acts upon the resolutions and recommendations of the 1976 National Con vention to Advance Women's Legal Rights. The Committee lobbies the Government, women's organisations, and business 6 Star, 18 July and 30 September.
A SURVEY OF RACE RELATIONS, 1977
organisations to achieve improvements in the legal position of all women in respect of employment, marriage, divorce, taxation, and abortion, and considers ways of overcoming the particular prob lems of African women. The co-convenors of the Committee are Babette Kabak and Roberta Johnstone. They objected to the fact that no woman was appointed to the Commission of Inquiry into Labour Matters under the chairmanship of Professor N. Wiehahn, and called on him to investigate women's rights in the employment situation. BLACK WOMEN'S LEGAL STATUS COMMIrTEE
A Black Women's Legal Status Committee was formed in May, with Mrs. Deborah Mabiletsa as chairman. She stated that it was essential to have a group which could concentrate on the special problems of African women, deriving in the main from outdated tribal law, but also caused by influx control. WOMEN'S ACTION COUNCIL
This group was formed after the Women's Group of the then existing Reform Party organised a multi-racial symposium for women in 1975, with the theme "A Shared Society". When the Reform and Progressive Parties merged the Council continued as a semi-autonomous women's arm, organising multi-racial dis cussion groups to form human bonds and consider common ventures. During 1977 a new organisation, the Association of Moderates, was formed instead.
49
POPULATION OF SOUTH AFRICA ESTIMATED MID-YEAR POPULATION, 1976
The official Bulletin of Statistics for the quarter ended Decem
ber 19761 gives the estimated mid-year population in 1976 for S.A. as a whole, and for the country excluding the estimated de facto population of Transkei. The estimated population of Transkei can, thus, be deduced. Total population Whites Coloured Asians Africans
4320000 2434000 746 000 18 629 000
Total excluding esti mated de facto popu lation of Transkei 4310000 2426 000 746 000 16551000
Totals
26 129 000
24 033 000
Estimated de facto population of Transkei 10000 8 000
2096 000
2078000
It is of interest that the Minister of Indian Affairs said on 24 June2 that there were no Indians in the Orange Free State. The very few who were previously enumerated there had, apparently, successfully applied to be re-classified as Coloured. The numbers of Africans of each ethnic group in mid-1976 were estimated to be as follows: Africans born in SA Xhosa Zulu Swazi Sepedi Tswana Seshoeshoe Shangaan Venda Others ForeignAfricans Totals
Total
4897000 5 029 000 590 000 2011000 2103000 1 698 000 814000 449 000 615000 423 000 18 629 000
Total excluding Estimatedde facto estimated de facto Transkei popula Transkei popula tion tion 2915000 1 982 000 5 004 000 25000 590000 2011000 2 103 000 1 627 000 71000 814000 449 000 615 000 423 000 16551000
2078000
VITAL STATISTICS
Vital statistics published by the Department of Statistics give
no information in respect of Africans since the registration of 1 Vol. 10. No. 4. Table 1.1.1. and 1.1.2. 2 Assembly Hansard 21 cot. 11463.
A SURVEY OF RACE RELATIONS, 1977
African deaths, and more especially births, although theoretically compulsory, is very far from complete. Of particular interest, therefore, is a paper by Professor J. L. Sadie, entitled The Demographic Forces in South Africa, delivered
at a conference on population held in Cape Town in 1976. Professor Sadie explains that information given on population by the Department suffers from the drawback that it was collected from a public whose members were unable or unwilling to present the true facts in full. Consequently, in the light of his knowledge and experience gained over a number of years, Professor Sadie evaluated the data, adjusting it for errors, and in some- cases he even "created" data by means of logical deduction and theoretical demographic constructions. He was in consequence able to deduce statistics in respect of Africans' which are not available from other sources. An extract from his Table 1, giving population numbers and proportions in 1936 and 1975 in S.A. (including the Transkei), is as follows. Foreign-born Africans were excluded throughout his paper, as they obscured demographic tendencies. 1936
1975
Number
Percentage
2 003 000
20,7
4258 000
16,9
227 600 820 000
2,3 8,5
733 800 2 432 000
2,9 9,6
African
6 643 000
68,5
17 823 000
70,6
Totals
9 693 600
100,0
25246 800
100,0
White Asian Coloured
Number
Percentage
The percentage of Whites in the total population declined over this period to 16,9 per cent despite the strengthening of their numbers by a net immigration of 451 000 persons. Professor Sadie gave figures indicating the expectation of life at birth in years for each population group over five-year periods from 1936-41 to 1970-75. (The figures are the average of those at the beginning and at the end of each time period.) Figures for 1970-75, and projected figures for 1995-2000, are: 1970-75 Males Females
White Asian Coloured African
65,1 60,3 50,5 52,0
3 Professor Sadie used the term "Black",
73,0 64,9 57,2 59,4
1995-2000 Males Females
67,8 64,6 55,8 60,0
76,1 71,1 64,9 67,3
which has been changed to "African" in these pages to conform with the usage of these terms by the Institute of Race Relations.
POPULATION
Infant mortality rates per 1 000 live births for 1970-75 were: White ... ... .... ... ! 19 Asian ... ... ... ... 37 Coloured ......... 96 African ... ... ... ... 94 Birth and death and natural increase rates per 1 000 of the population in 1970-75, with projected figures for 1995-2000 are: Birth
White Asian Coloured African
23,3 30,5 42,6 40,5
1970-75 Death
Natural increase 15,0 _23,9 29,6 28,8
8,3 6,6 13,0 11,7
Birth 19,4 23,5 34,5 36,3
1995-2000 Death Natural .increase 7,4 12,0 6,3 17,2 8,8 25,7 7,6 28,7
Professor Sadie's hypotheses implied declining rates of natural increase as a result of more rapid reductions in the birth than in the death rate for all groups except Africans. In their case the de cline in birth rate is almost fully compensated for by a lowering of the death rate. FORECAST OF POPULATION IN THE YEAR 2000
Applying the demographic quantities involved in his assump tions to the 1975 population figures, Professor Sadie arrived at the following forecast of the population in the year 2000: Without immigration White Asian Coloured African
No. 5910000 1215000 4890000
37293000
49308000
With immigration
Percentage 12,0 2,5 9,9
7075000
14,0
1215000
2,4
75,6
37293000
73,9
100,0
50473 000
100,0
No.
4890000
Percentage
9,7
URBAN POPULATION
The urban population in the "common area" of S.A. in 1975, and the projected figures for 2000, are: White Asian Coloured African
1975 3 768 000 648 000 1 850 000 6 240000
20004 5 436 000 1130000 4185000 15000000
12506 000
25751000
4 Excluding possibly 1 165 000 white immigrants.
Increase
1 668 000 482000 2335000
8 760 000
13 245 000
A SURVEY OF RACE RELATIONS, 1977
(In the homelands themselves the urban population in 1970 numbered some 636 000.) Professor Sadie pointed out that the implication of these ten dencies was that S.A. would have to build the equivalent of a city of 530 000 inhabitants each year to accommodate that part of the growth that would, at a minimum, be channeled to towns and cities. But in the case of Africans that assumed rate of urbanization would still leave 60 per cent, or 22-million people, on the land by the year 2000. Unless industrial decentralization made very rapid strides, or influx control restrictions were eased, a doubling, or more, of the number of temporary migrants was very likely to occur. (In 1970 there were about 757 000 migrant male workers from the homelands.) AGE DISTRIBUTION
Professor Sadie gave the following figures indicating the per centage age distribution of the SA population in 1975: White
Asian Coloured African
0-14 31
38 45 44
Age group 15-64 62
65+ 7
59 52 52
3 3 4
Total 100
100 100 100
Dependency ratio 60
69 91 91
The dependency ratio is the sum of the number of children (0-14) and older people (65+) as a percentage of those in the 'productive' age group (15-64). The economically advantageous age composition of the Asian, and particularly of the White population, arising from low and declining levels of fertility, was obvious. As one example of this advantage, if everybody earned the same wage and all those aged 15 to 64 were economically active, the per capita income of Whites would be almost 20 per cent higher than that of the Coloured population, because the Whites had fewer dependants. RACE CLASSIFICATION
According to the Report of the Department of the Interior for the calendar year 19761 the following race classifications were altered by the Department during the year, the consent of the persons concerned having been obtained: White to Cape Coloured White to Chinese Cape Coloured to White Cape Coloured to Indian Malay to Indian Malay to White 5 R.P. 19/1977 page 8.
8 2 62 9 11 1
Chinese to Cape Coloured Chinese to White Chinese to Malay Indian to Malay Indian to Cape Coloured Bantu to Other Asiatic Bantu to Cape Coloured
1 3 1 13 23 1 1
RACE CLASSIFICATION
During 1976, ten appeals were made to Race Classification Boards against decisions by the Secretary of the Interior, of which two were rejected. Of those that succeeded, one person's classifica tion was altered from Coloured to White, and seven were altered from Bantu to Coloured. In its Final White Paper on the Theron Commission's Report, the Government stated that it accepted the Commission's recom mendation that, in classifications made under the Population Regis tration Act, acceptability in a community should carry as much weight as did descent. It agreed that children of mixed parentage, at present classi fied in the group of their natural fathers, should be allowed to apply for reclassification later in life. Illegitimate children should be classified according to the population group of the parent who cared for them. Subject to the condition that the Malays and Griquas raised no objection, the Government agreed that there should be only one Coloured group for classification purposes. (In terms of Procla mation 123 of 1967, incorporated into the principal Act in terms of the Population Registration Amendment Act, No. 106 of 1969, provision was made for Cape Coloured, Cape Malay, Griqua, and "Other Coloured" groups.) The Coloured Representative Council would be asked to discuss this matter with representatives of the Malay and Griqua peoples. IMMORALITY AND MIXED MARRIAGES
In reply to a question in the Assembly6 the Minister of Police said that 417 cases of suspected contravention of Section 16 of the Immorality Act (dealing with intercourse across the white-black colour line) were investigated during the year ended 30 June 1976. As a result of the investigation, 316 charges were laid. Replying to another question, the Minister of Justice said that during the calendar year 1976, 351 persons were prosecuted under this Section of the Act, of whom 260 were convicted and 49 were awaiting trial. As mentioned on pages 11-12 of last year's Survey, the Government rejected a majority recommendation by the Theron Commission that Section 16 of the Immorality Act and the whole of the Prohibition of Mixed Marriages Act should be repealed. In its Final White Paper on the Commission's Report, the Govern ment claimed that these laws did not rely on political ideology, nor did they discriminate against the country's black population groups. 6 Hansard 10 col. 759. 7 Assembly Hansard 11 col. 855.
54
A SURVEY OF RACE RELATIONS, 1977
It was a generally accepted fact, the Government stated, that children of mixed parentage were not accepted into the society of either of their parents. Even in so-called open societies there were socio-cultural standards that made acceptance of such child ren difficult. Often they did not fit in anywhere. This was not only the case with children of white and black parents, but also with products of African and Coloured, or Indian and African, unions. Such marriages were usually accompanied by social sanc tions in the community. The Government was of the opinion that the retention of the Acts was to the advantage of all communities because of the balance that they brought about in the sociological context.
CIVIL UNREST RIOTS IN THE CAPE -
DECEMBER 1976
At the end of November 1976 rioting broke out once more in Guguletu, one of the three African townships of the Western Cape. On 1 December, the third day of renewed violence and arson, two men were shot dead when a crowd of Africans attacked a police van. The following day a large task force of riot police launched a "clean-up" operation in Guguletu as rioting continued. By 3 December it was reported that nearly 300 people had been arrested since the beginning of the month.' Over the weekend of the 3-4 December violence spread to Nyanga where serious fighting broke out between migrant workers and youths who were calling for a two day work-stoppage. Two men were killed and rioting and arson continued for a couple of days. By 7 December calm had been restored in the township, leaving 12 wounded by police gunfire. Eight days later, on 15 December, four pamphlet bombs exploded in Cape Town, scatter ing pamphlets which referred to the recent unrest and possible future action, purportedly compiled by the ANC. On 23 December, after further incidents of arson and attacks on houses, police sealed off the townships of Guguletu and Nyanga and conducted a house-to-house search for arsonists and "trouble makers". Police reinforcements were on standby in all three town ships in order to prevent further violence over the Christmas period. Reinforcements and a dog-unit were sent into District Six, following the stoning of a policeman on 24 December. On the night of 26 December fierce fighting broke out between Amabhaca migrant workers and township residents, continuing through the following day, and leaving a toll of 24 persons con firmed dead and 106 wounded. Apparently the trouble had started as a result of the migrants refusing to comply with the demand of students for Christmas to be a period of mourning. During the days that followed there were reports from many township inhabitants that police had incited and sided with the migrant workers. 2 Professor N. J. Olivier, United Party M.P., called for a sepa rate judicial commission of enquiry into events in the Peninsula townships, saying that, whatever the true causes of the disturbances were, ".... there seems to be a general consensus of feeling among the permanent residents of the Black townships that the police failed in their duty to protect innocent people, and failed to pre1 Star, 3 December, 1976. 2
Cape Times, 29 December, 1976.
A SURVEY OF RACE RELATIONS, 1977
vent the contract workers from attacking innocent families and going on the rampage." 3 Professor Olivier went on to say that the appointment of such a commission would help to restore the con fidence of the township residents in "the impartiality of the police and their ability to maintain law and order". On 31 December a deputation of five people, including re presentatives of the S.A. Institute of Race Relations, the Christian Institute and the Western Province African Chamber of Commerce, met Brigadier P. A. Cerff, divisional inspector of police for the Western Cape, to request emergency action over the New Year week-end, as there had been allegations that riot police were in citing migrant workers to prepare for further violence over this period. Brig. Cerif promised to look into the matter, and a police inquiry into the allegations was instituted.4 1977- UNREST IN AFRICAN SCHOOLS Following the Soweto riots of June and subsequent distur bances throughout the country5 , calls came from many quarters for radical changes in the Bantu Education system. On 29 Decem ber 1976 Mr. M. C. Botha, Minister of Bantu Education, announ ced a number of reforms to be introduced in Bantu Education in an attempt to improve the quality of education for Africans.6 Soweto and Peninsula schools reopened on 5 January, earlier than usual. The Department arranged for Junior Certificate and matriculation examinations to be held from mid-February. Until then pupils would receive intensive teaching. The 1977 school year proper would commence thereafter. During December 1976 Brigadier J. Visser, Chief of Police in Soweto, had given the assur ance that police would not enter school premises or harass pupils in any way.7 (During the latter half of 1976 police presence in the vicinity of schools was given as a major reason for the failure of pupils to attend school.) The Soweto Students' Representative Council (SSRC) issued a statement that the boycott of schools would continue unless the Bantu Education system was scrapped and replaced by universal education on a par with that given to white children.8 They also demanded the release of all detained pupils. Shortly before schools opened, however, a further statement was issued by the SSRC calling on pupils to return to school. On 5 January fairly large numbers of primary school pupils returned to school in both Soweto and the Cape Peninsula. Secondary School attendance was extremely low. The Secretary for Bantu Education, Mr. G. J. Rousseau, once again stated that if the boycott of secon 3 Ibid.
4 Weekend Argus, 22 January; Cape Times, 24 January. 5 See 1976 Survey, page 51 et seq.
6 See chapter on Bantu Education. 7 Rand Daily Mail, 21 December 1976. 8 Rand Daily Mail, 31 December 1976.
CIVIL UNREST
dary schools continued teachers would be transferred to schools in other areas.9 During the days that followed attendances at Soweto schools improved. Two arson attacks, on schools in Meadowlands and Garankuwa (near Pretoria), occurred. In the Cape Peninsula, how ever, secondary school pupils in the African townships continued their boycott of classes. In Soweto it was rumoured that the SSRC had called for a boycott of examinations to be written at the end of February, but this was subsequently denied by the SSRC. The African Parents' Association urged pupils to return to school, but not to write ex aminations while many of their colleagues were still imprisoned. They added, however, that the final decision as to whether examin ations should be written should be taken by the Black Parents' Association and the SSRC. It was reported that many African teachers were resigning, not only because of uncertainty about their own futures (particularly in the light of threats of transfer) and the future of the entire educational system, but also because they were simply unable to teach under prevailing conditions. The Transvaal United African Teachers' Association (TUATA) made an appeal to teachers not to resign, although Mr. J. Strydom, the new Re gional Director of Bantu Education for Soweto, denied that a mass exodus of teachers from the profession was taking place. In the Cape townships of Nyanga and Langa six schools were attacked by arsonists on 10 January and severely damaged. Al though the boycott of secondary schools was continuing, atten dance at primary schools had been high. These petrol bomb attacks, however, resulted in a marked drop in attendance. Two days later police swooped on Langa and arrested 95 people on a variety of charges, including arson. Students at Morris Isaacson High School in Soweto announced on 12 January that they would not write the forthcoming examin ations unless all detained students were released, Bantu Educa tion was scrapped, and free and compulsory education provided for Africans.' The following day the student body at Naledi High School issued a press statement saying that they definitely would write the examinations, a move which received the support of many other secondary schools in Soweto. The Morris Isaacson students subse quently agreed that they, too, would sit the examinations. The SSRC on 19 January blamed confusion within its own ranks for various unauthorised statements which had been made concerning the coming examinations, saying that it was up to individual stu dents to decide whether they would write the examinations or not. 9 Rand Daily Mail, 6 January. I Rand Dally Mail-Extra, 13 January.
A SURVEY OF RACE RELATIONS, 1977
Attendances at high schools in Soweto had been improving, despite a threatened boycott at Naledi High, where 600 students walked out of classes following the suspension of the principal by the school board, who gave no reasons for their action. The boycott did not materialise. In the meantime pupils continued to, stay away from African high schools in the Cape Peninsula. Negotiations between students and the Bantu Education authorities in Cape Town broke down when a meeting between Mr. D. H. Owens, Regional Director of Education, and representatives from the four African high schools fell through. According to Mr. Owens there was a division between junior and senior high school pupils: the latter wished to go back to school whereas the junior pupils did not. On 18 January African schools throughout the rest of the country reopened without incident. Brig. J. Visser sai& that if in timidators attempted to enforce a boycott of schools in Soweto, police would take action, though they were reluctant to do so in case this upset the current good relations between police and students. On 26 January all remained quiet in Soweto, despite the fact that Mr. Kruger had revealed in the Assembly that a mass meeting and protest march, arranged by the SSRC and intended to provoke police action, had been planned for that day.' Various groups in Soweto-students, parents and teachers-all appeared to know nothing of the march and said that Mr. Kruger must have been misinformed. Editors of both English and Afrikaans newspapers in Johannesburg denied any foreknowledge of the march.4 Attendance at high schools in the Cape improved remarkably on 24 January. This followed a meeting held in Langa at which an appeal was made to, scholars to return to school. During the pre vious week three principals had received letters threatening them with reprisals if they did not close their schools, and on 24 January the home of a principal in Nyanga was petrol bombed. Six days later, on 30 January, a large group of Peninsula schoolchildren threatened to resume their boycott of schools unless those students still being held by the police were released. This was followed by a marked drop in attendance at high schools. There were reports of widespread intimidation as attendances continued to dwindle dur ing the first days of February. A higher primary school in Nyanga was attacked by militant pupils demanding closure of the school, schools in Guguletu and Nyanga were stoned, and on the same day, 4 February, teachers from these townships met Mr. Owens to dis cuss the possible closure of schools in view of the fact that teachers 2 Star, 19 Jaunary.
3 Hansard 1 Col. 155. 4 Star, 26 January; Rand Daily Mail, 27 January.
CIVIL UNREST
were in danger-a request which was not met, as it was felt that this would be playing into the hands of militant elements. In Soweto internal examinations at Orlando West and Naledi High Schools were disrupted on 3 February. It was reported that at most schools students had held meetings and decided to boycott examinations until the Bantu Education system had been removed. The following day students at Mamelodi High School, near Pre toria, boycotted classes and stoned vehicles. On 7 February stu dents at Hofmeyr High School, Pretoria, staged a walkout. A spokesman stated that the student body intended boycotting the school in support of 70 students who were being refused admission to higher classes because they had been active in the previous year's unrest. Although examinations continued uninterrupted at some Soweto schools, from others came reports of groups of stu dents tearing up examination papers and disrupting classes. On 9 February trouble flared up in Soweto. Groups of militant students moved from school to school, sometimes stoning schools, and trying to disrupt examinations. At a number of schools exami nation papers and books were used to make bonfires. Teargas was used to disperse students at Meadowlands High School and police stormed Orlando High School, but no shots were fired. Brigadier Visser imposed an 8 a.m. to 3 p.m. curfew on Soweto schoolchild ren: children found by police on the streets during these hours would not be regarded as students and police would take action against them. The next day, although attendances were initially low at most Soweto schools, they were virtually back to normal by mid-morning. The boycott of schools in the Cape Peninsula continued. The Minister of Bantu Education stated on 10 February that African schoolchildren in the Cape Peninsula who had not registered at schools by 4 March would be excluded from school for the rest of the academic year, and that those enrolled pupils who were absent from school for more than ten days without adequate reason would be removed from school registers. He also threatened to transfer teachers to other areas if the boycott continued. 5 Once again, attendance improved following a meeting at which parents and teachers urged pupils to return to school (held in Guguletu on 13 February). On 14 February examinations started without any reports of intimidation, while riot police patrolled the three town ships. In Soweto a meeting of principals had been held on 11 February to discuss action that could be taken to enable those pupils who wished to write examinations to do so without disrup tion, but no decisions were taken. On 14 February, despite a call by the SSRC for a total boycott of examinations, students streamed Rand DaT.'y MWi.L
11 February.
A SURVEY OF RACE RELATIONS, 1977
to school to start writing Junior Certificate and Matriculation examinations. At Hofmeyr High School pupils returned to school, following the boycott of the previous week. On 6 March students in Soweto staged a protest march following the funeral of Mr. S. Malinga, who had died in deten tion. Riot police removed placards from some of the students and teargas was used in attempts to disperse the crowds, but no major violence occurred. On the same day, after a six-week lull, an arson attack was made on a Soweto school. MARCH 1977 -
HEROES' WEEK
The Black People's Convention called upon the people of S.A. to observe the week from 20-27 March as a period of mourn ing for those who had died at Sharpeville, in detention, and in disturbances throughout the country since 16 June 1976. Blacks were asked to wear mourning, abstain from any festivities and reflect on the sacrifice made by those who had died in the struggle for justice and peace. The week passed without incident until 27 March, when 37 people were arrested in Soweto when police dispersed a crowd who had marched through Soweto and gathered outside a hall in Orlando for the final commemorative meeting of Heroes' week. Five of the 37 were charged with public violence and the remaining 32 with taking part in an illegal march. On 31 March the ban on public meetings in terms of the Riotous Assemblies Act was extended for a further six months until 30 September. CONFRONTATION BETWEEN THE SSRC AND UBC
During the period after the June riots in Soweto, student power became an active and effective political force in the town ships. The Soweto Students' Representative Council, which emerged at this time, was the body which channelled and directed this power.' At the end of April 1977, following the announcement of rent increases in Sowetol the SSRC called for the immediate resignation of members of the Soweto Urban Bantu Council, stating that the UBC had known about the proposed increases in February and had not informed the people of Soweto of this, which indicated that they were not acting in the interests of the people. In addition they said that the UBC had "constantly been used by the authorities to oppress their own people". 8 On 27 April thousands of students gathered in Soweto demonstrating against the rent increases, an action in which They See 1976 Survey, page 25. 7 See chapterion Urban African Administration. 8 Star, 27 April. 6
CIVIL UNREST
were supported by many of the adult community. Following a discussion between police officers and student leaders, the police agreed to allow students to march to the UBC chambers on condition that students promised not to damage property or molest people. Unruly elements, who refused to obey orders of student leaders, proceeded to stone the UBC building, after which teargas was used to disperse the crowd. Following this, a number of vehicles were stoned and two beerhalls were set alight. Three youths received superficial wounds when shots were fired and 47 people were arrested. Despite calls made by opposition parties and various organisations, including the SAIRR, for withdrawal of the rent increases, the Deputy Minister of Bantu Affairs, Mr. W. Cruy wagen, said that rents would have to go up in order to com pensate for the drop in the income of the West Rand Administra tion Board following the unrest of 1976 (due mainly to the burning of beerhalls, which provided a lot of the Board's income), and that because of the prevailing economic climate the money requiied could not be made available from any other source.9 Mr. D. Thebehali, Chairman of the Soweto UBC, led a three-man delegation which met Mr. Cruywagen on 28 April in Cape Town to discuss the matter. Following the meeting the Deputy Minister agreed to suspend the increases for a month, during which time alternative sources of income for WRAB would be investigated. 10 On 8 May the UBC met to discuss demands made by the SSRC that all members should resign by 13 May. Subsequently a delegation of UBC members met members of the SSRC, but the students refused to discuss the matter until the UBC had secured the release of two students who had been arrested at the UBC chambers on 5 May." Members of the UBC approached Brigadier Visser, who announced that the two students would be brought to court without delay. According to Brig. Visser certain students had threatened UBC members with death if their colleagues were not released.' 2 On 12 May one member, Mr. S. Motha, resigned from the UBC. He stated that he had resigned because of family pressure following threats against him. He added that, although the UBC wielded no power, it nevertheless did serve the people of Soweto, and that he would have liked to have continued sitting on the Council. The following day the two detained students were re leased on their own recognisances. As the deadline for their resignation approached, two more members of the UBC, Mr. M. 9 Rand Daily Mail, 28 April.
10 Rand Dally Mail, 29 April
11 Star, 11 May. 12 Rand Daily Mail, 12 May.
A SURVEY OF RACE RELATIONS, 1977
Ntloko and Mr. P. Lengene, resigned. The deadline was sub sequently extended until after the return of Mr. D. Thebehali, chairman of the UBC, who was in the United States. During this week several Soweto schools had boycotted classes in protest against Bantu Education. A meeting which was due to have taken place on 25 May between the SSRC and the UBC fell through when only one member of the UBC, Mr. S. Manthata, turned up. Four days later a meeting was held in White City, Jabavu at which Mr. Thebehali stated that if WRAB imposed the rent increases the UBC would take legal action, and if this failed the Council would be dissolved. At the same meeting Mr. Manthata announced his resignation from the UBC, saying that the UBC had, in effect, agreed to the increase in rentals because they had done nothing to counter the move. Residents of Soweto attending the meeting called once more for the resignation of the entire council. On 2 June, following a meeting with the SSRC at which another ultimatum was delivered, fourteen members of the UBC, including Mr. Thebehali, resigned, bringing the total number of resignations to 23. Although some members had not resigned, the UBC had ceased to function. WRAB officials announced that there would be no elections for a new UBC in view of the fact that the new Community Councils 3 would be introduced towards the end of the year. Towards the end of the month there appeared to be con fusion as to what the true state of affairs was with regard to the supposedly defunct UBC: a WRAB spokesman announced that notices of the Council's forthcoming monthly meeting had been sent to all councillors who had not submitted letters of resigna tion. At the meeting on 2 June those councillors present had decided to resign en bloc and had instructed their chairman to inform WRAB of this. WRAB officials now stated that the chair man could not resign on behalf of other members, and those who had not resigned formally were still considered to be on the Council. A number of ex-councillors reacted angrily to these statements. Mr. Thebehali accused the board of deliberately creating confusion at the risk of the lives of the former councillors. On 29 June the WRAB officially suspended the Soweto Urban Bantu Council. JUNE 1977
As the anniversary of the outbreak of the Soweto riots, 16 June, approached, plans were made to commemorate the day in various ways, including a boycott of schools and holding of 13 See chapter on Urban African Administration.
CIVIL UNREST
memorial services. On 17 May the Minister of Police, Mr. J. Kruger, called for calm and warned that police throughout the country were taking precautions against further trouble.' Early in June Mr. T. W. Kambule, principal of Orlando High School, said that at a meeting with the Director for Bantu Education he had asked that police stay out of Soweto during the days prior to and after 16 June, in order to avoid a confrontation between pupils and police. Apparently members of the SSRC had been visiting schools in Soweto to organise a full-scale boycott of Bantu Education. On 25 May pupils at Belle Higher Primary School stoned the cars of pressmen following a meeting held to commemorate the 1976 struggle against Afrikaans as medium of instruction. On 2 June pupils at Alexandra Secondary School refused to attend classes. There were conflicting reports as to the cause of the stay-away: some pupils said that it was in protest against the expulsion of a number of their colleagues, others that it was in commemoration of the unrest of June 1976. Brigadier Visser stated that, as long as they did not break the law (including the continuing prohibition of open-air meetings), students were free to hold meetings in memory of the Soweto riots.' On 7 June two buses were stoned and a house set on fire in an isolated incident in Soweto. The next day police used teargas to disperse a crowd which had gathered at Naledi High School to commemorate the burning of a police car at the school in June 1976; following the 1977 meeting another bus was stoned and set alight. Brig. Visser announced that police would not hesitate to take action if meetings were held in order to promote unrest, and claimed that a small group of students was planning further violence. During this period pamphlets had been distributed in the African townships of Johannesburg and Pretoria calling for the observation of a period of mourning, including the closure of shops and a stay-away from work on 16 and 17 June, closing of shebeens from 13 to 19 June and suspension of bus services on 16 June. The pamphlets stressed that this was to be a time of mourning, and violence was to be avoided. Mr. Kruger made another call for a concerted effort to maintain peace and said that strike action would lead to loss of jobs.' On 9 June there was a flare-up when a number of cars belonging to the WRAB were stoned outside Orlando High School. Shots were fired by the police and a youth was arrested. The following day two delivery vans were hijacked and set alight, pupils at Musi High demonstrated in support of the SSRC, and at Orlando High School pupils left school early and went home. A black American poet, Professor Michael Harper, and four 1 Star, 18 May. Star, 7 June. Rand Daily Mail, 10 June.
2 3
A SURVEY OF RACE RELATIONS, 1977
other Americans were held by police following a reading of Professor Harper's poetry at Morris Isaacson High School. The reason given was that they had entered Soweto without the required permits. During the period 10 to 12 June 20 Africans, including Mr. Sechaba Montsisi, chairman of the SSRC, and a number of SSRC members, were detained in police raids. In addition five white student leaders from the University of the Witwatersrand were held. According to General M. Geldenhuys, Deputy Com missioner of Police, all the students had been detained in con nection with the unrest. The SSRC condemned the detentions, accusing the police of "aggravating an already explosive situa tion".' In Pretoria four students were arrested while distributing pamphlets calling for observation of the period of mourning. On 15 June two white students at the University of Cape Town were detained. Over the week-end there were isolated stoning incidents in Soweto, while police patrolled the township. On Monday, 13 June, students at the University of the North continued the boycott of classes which had started the previous Friday. That night police in Port Elizabeth dispersed a crowd of youths who had stoned 31 buses. The next day sporadic stone-throwing incidents occurred in Soweto and Mamelodi, near Pretoria. The boycott of schools in Soweto continued and students renewed their calls for a stay-away by workers on 16 and 17 June (doctors, nurses, hospital workers and reporters were ex cluded). A number of commercial and industrial leaders warned that in the prevailing economic recession a stay-away could give some employers an excuse to lay off staff. Some organisations announced that they would dock the pay of employees who did not come to work, whereas others said they would allow workers to make up the time lost. Police appealed to the people of Soweto to ignore the stay-away and gave the assurance that those going to work would be given police protection. On 15 June armed patrols conducted searches of trains, buses and private vehicles, and police clashed with youths in Diepkloof and Naledi. Tension in the country was further heightened by two incidents which were not related to student action. In the first, on 13 June, two whites were killed and one injured in a machine gun attack made by three Africans in Johannesburg. In the light of subsequent police investigations, the Minister of Police stated that the men, who had left S.A. in 1976, appeared to have been trained in Angola; he went on to say that he did not know of any connection between this incident and the activities of the SSRC. Two days later saboteurs blew up part of the railway line between Umlazi and Durban. 4 Rand Daily Mail, 13 June.
CIVIL UNREST
On the eve of 16 June Mr. Kruger announced that, in view of the unrest in the country, meetings and services of commemo ration might be banned if magistrates felt that this was necessary. He also threatened to stop a 24 hour vigil at St. Mary's Cathedral in Johannesburg if laymen were permitted to address the con gregation or say prayers. In view of this it was decided that, except for the requiem masses, the vigil would be entirely silent. On the night of 15 June a pamphlet bomb exploded in central Johannesburg scattering ANC pamphlets. In the Ciskei, Fort Hare University and all schools closed three days early for the mid-year vacation in order to avoid the possibility of disturbances. Early on the morning of 16 June two bombs exploded on railway lines in Soweto, causing slight damage, but not dis rupting rail traffic. Many workers went to work in Johannesburg, but large numbers also stayed in Soweto to attend memorial services. Apparently there was very little intimidation of workers. Large contingents of police patrolled African townships through out the country. Most of the day passed fairly quietly, with isolated stone-throwing incidents in Soweto. On a number of occasions teargas was used to disperse large groups of people. A memorial service at Regina Mundi Cathedral in Soweto broke up in chaos when teargas used by police just outside the church drifted into the building. That evening nine youths were wounded when police opened fire on crowds who stoned them as they tried to remove roadblocks which had been set up in Soweto. In Mamelodi township, teargas was used to disperse crowds of demonstrating students and a number of buses were stoned. African townships on the East Rand were generally quiet, with isolated incidents in Wattville, Benoni, where a train and a bus were stoned. At the University of the Witwatersrand a lunch-hour meeting due to have been addressed by Mrs. Helen Joseph, Mrs. Helen Suzman and Bishop Tutu was banned. During the morning there was friction between left and right-wing students when con servatives burnt a number of crosses which had been erected on the campus to commemorate the deaths which had occurred during the unrest. In Uitenhage, in the Eastern Cape, fierce rioting broke out following the arrest of 11 scholars. The violence continued for two days, leaving a toll of ten dead (eight died of gunshot wounds, the remaining two in fires) and 32 wounded. 5 There was extensive damage (estimated at RI million) to property, including schools, shops, liquor outlets and Administration Board buildings. At least 280 people had been arrested by 20 June. June 17 passed fairly quietly in Soweto with a few minor stoning incidents. In Mamelodi teargas was used to disperse s Rand Daily Mail, 20
June.
A SURVEY OF RACE RELATIONS, 1977
demonstrating schoolchildren and in another incident a young man was shot dead when a group of people attacked an Adminis tration Board vehicle. By 18 June peace appeared to have returned to African townships throughout the country, and on Sunday, 19 June, final memorial services brought the period of mourning to a close. At one of these services, held at Sefikeng hall in Soweto, students pledged to continue the struggle for liberation, despite police intimidation. On 20 June pupils at Orlando High School boycotted classes in protest against the detention of three of their colleagues, and the SSRC called on Brigadier Visser for the withdrawal of police from Soweto and the release of ex-SRC leader, Sechaba Montsisi. The following day students in Atteridgeville, Pretoria, marched to the local police station, demanding the release of fellow students who had been arrested the previous week. Police dispersed the marchers. Schools in Soweto stood empty once again on 23 June, as pupils marched through the township, protesting against the Bantu Education system and the continued detention of their leaders. The students gathered in Orlando, whence they planned to march into Johannesburg to join students who had entered the city and were converging on John Vorster Square. The latter group, who knelt outside the John Vorster Square police station singing freedom songs, were charged by baton-wielding police men and 146 were arrested. In Soweto police prevented the column of marchers from continuing into Johannesburg and they dispersed, but large groups of marchers reassembled within Soweto. Police used teargas and shotguns in attempts to disperse the crowds. Rioting broke out and numerous vehicles were stoned. One youth was shot dead and at least eleven people were wounded. The following day Soweto was quiet but tense; schools were empty and armed police patrolled the township. On 25 June teargas was used in both Soweto and Mamelodi to disperse crowds attending the funerals of victims of the preceding week's unrest. Students in Soweto returned to school on Monday, 27 June, following the boycott of the previous week. Mr. Trofomo Sono, who had become Chairman of the SSRC following the arrest of Sechaba Montsisi, said in an interview with the Rand Daily Mail that students did not want violence, nor was their objective the over-throw of the Government: their action was aimed at getting rid of the system of Bantu Education.6 In Pretoria students from Atteridgeville and Mamelodi attempted to stage a protest march in the city centre on the morning of 28 June and were dispersed by armed police. In Atteridgeville teargas was used against groups of youtis who were stoning schools and vehicles. The next day all was quiet 6 Rand Daily Mail, 28 June.
CIVIL UNREST
in the Pretoria townships, although many high school pupils boycotted classes. CONTINUED UNREST
During the second half of 1977 violence flared up continually throughout the country. During July the SSRC, following their success in bringing about the collapse of the UBC, used similar tactics against the school boards of Soweto, and by the end of that month at least 10 of the 26 school boards in Soweto had disbanded.' Early in July there were confrontations between police and Soweto students following the funerals of those killed in the riots at the end of June. Stoning incidents caused considerable damage to property, particularly buses. General D. Kriel, Deputy Commissioner of Police in charge of riot control, said that although police were sympathetic towards mourners at funerals, they would not tolerate hooliganism, and that troublemakers would get "rough handling from the police".' Mr. Trofomo Sono issued a statement apologising to Soweto car and taxi owners and the Putco bus company for losses they had suffered as a result of stonings, and he also warned that the SSRC would take action against unruly elements who caused damage to property. There were further stoning incidents, however, following a funeral on 10 July, and police dispersed crowds with teargas. The next day Naledi High School was badly damaged in an arson attack. Brig. Visser issued a strong warning to arsonists, saying that people attempting to set fire to schools would be charged with sabotage, and conviction could carry the death sentence, and the SSRC issued anothet warning to vandals. Despite these warnings, a week later rioting broke out following two funerals, and a number of buses were hijacked and badly damaged. Forty two people were arrested as police dispersed the mobs. Schools reopened on 20 July and high attendances were re ported at most post-primary schools. On 21 July scholars at Naledi High School attacked a black traffic inspector who had been accused of raping a schoolgirl. Police were called in and, according to eyewitnesses, a number of students were injured in a baton charge. Eight students were arrested. During the week 18-25 July police arrested at least 37 people in the Transvaal and QwaQwa in connection with disturbances. At this time it was rumoured that the SSRC had ordered African teachers to resign and were planning to intimidate African policemen in Soweto into resigning. Members of the SSRC denied these accusations. They did, however, warn all traffic police to keep off Soweto streets until such time as the eight students 7 See chapter on Bantu Education. s Star. 4 July.
A SURVEY OF RACE RELATIONS, 1977
arrested at Naledi had been released. The police did not respond to these threats. The students were later released following a court appearance in which charges against them were withdrawn. Pupils in Pretoria's Atteridgeville-Saulsville townships walked out of their classrooms on 25 July in protest against the education system, calling at the same time for the resignation of school boards in these townships. A day later students in Alexandra township near Johannesburg also started a boycott of classes, following the detention of two members of the Alexandra Students' League. The African students caused considerable damage to a Coloured High School in the township, which they stoned when pupils refused to join their protest. The stay-away from schools in Atteridgeville-Saulsville con tinued during the last week of July, spreading to Mamelodi and Soweto, and the Regional Director of Bantu Education for the Northern Transvaal, Mr. F. J. Wiese, threatened to close schools in the Pretoria area if the boycott continued. Violence flared up in a number of places. In Langa, Cape Town, a high school was damaged in an arson attack and in Port Elizabeth school children stoned 23 buses. On 28 July groups of students in Soweto marched through the streets of the township and the following day a 19-year-old girl was killed when police opened fire on a group of demonstrating students at Orlando North Junior Secondary School. Police carried out a house-to-house raid in Atteridgeville Saulsville on the night of 28 July, which resulted in the arrest of 183 school children. Over the week-end of 30-31 July trouble broke out in Soweto once more when police attempted to prevent students from attending a funeral. In the ensuing disorder police opened fire on several occasions and 52 people were arrested. Sporadic rioting continued in Soweto during the first four days of August. On 1 August police used dogs to disperse groups of students and on several occasions opened fire, killing one youth. Attendance at secondary schools in Soweto dropped. Many students said they were not going to school because they feared police action. The Minister of Police and General Kriel both made hardline statements threatening to use tougher methods in combating violence and getting children to return to school. Sporadic rioting continued and a 16-year-old boy was shot dead by police on 3 August. On the morning of 4 August police con ducted a house-to-house raid in Soweto, arresting about 50 youths. Stonings and rioting continued throughout that day. Following discussions with the Minister of Bantu Education, the Minister of Police announced that a campaign was to be launched against school boycotters. This might involve the closing
CIVIL UNREST
down of schools and transfer of teachers if police advised this.9 On 5 August seven members of the SSRC were arrested in pre dawn raids in Soweto, while during that week at least 17 members of the SA Students' Movement (SASM) had been detained by Security Police in Port Elizabeth. By Monday, 8 August, the boycott of schools in Atteridge ville-Saulsville and Mamelodi seemed to be ending, and it was reported that attendances were almost back to normal. In Soweto, however, the boycott continued, with further confrontations between police and groups of students. Rioting broke out in Evaton, near Vereeniging, and 230 youths were arrested and held for questioning. Atteridgeville pupils resumed their boycott of classes on 9 August, and in East London 420 pupils at Healdtown High were threatened with expulsion if they did not return to classes. It was reported that in Soweto the Committee of Ten1" was planning to meet student leaders in an attempt to get the situation in post-primary schools back to normal. The boycott of secondary schools continued, affecting some higher primary schools too, despite Brigadier Visser's assurance that police would stay away from schools where pupils returned peacefully to classes. It was reported that student leaders had agreed, following a meeting with the Committee of Ten, that pupils should return to school. Nevertheless, the stay-away con tinued, and on 11 August a mass meeting of parents was held to discuss ways of ending the boycott. On 11 August, as unrest continued on the Reef, high school students in the Cape Peninsula stayed away from classes in order to attend services to commemorate the disturbances of 1976. Lovedale Teachers' Training College, near Alice in the Ciskei, closed following a walk-out by students. Other institutions affected by disturbances in the Ciskei were the University of Fort Hare, Healdtown and Jabavu High Schools, and Phandulwazi Agricultural College. Mr. J. Strydom met the principals of Soweto schools for talks on 12 August, against a background of continuing rioting and stonings, not only in Soweto, but also Guguletu, Atteridgeville and on the West Rand. The principals proposed that there should be an immediate switch from Bantu Education syllabuses to those of the (white) Transvaal Education Department. Mr. Strydom said that this was possible, but did not commit himself on the matter. Following the second day of talks it was reported that means of ending: the boycott had not been discussed, but that discussion had centred on procedures to be followed if the students did return to school. 9 Rand Daily Mall, 5 August. 10 See section on Black Political Activity.
A SURVEY OF RACE RELATIONS, 1977
Tsietsi Mashinini's day was commemorated in Soweto schools on 13 August. The day passed without incident, although two students were detained at a meeting at Naledi High School. On Sunday, 14 August, police prevented a busload of students attend ing a funeral in Soweto from proceeding to the cemetery and detained them for questioning, following which they were charged with inciting public violence. Prior to this incident police had entered the church and told the officiating minister that the service was a political meeting, as people had raised their hands in "Black Power" salutes.11 A school in Mabopane, near Pretoria, was damaged when a paraffin bomb exploded; this was the second such incident in the Mabopane-Ga-Rankuwa complex, where a newly-built bank had been extensively damaged a few days before. In Guguletu 39 people attending a memorial service were arrested on 14 August. Pupils in Soweto did not respond to another request by the SSRC that they should return to school on 15 August. In the Pretoria area attendance was normal, but in the African townships of the Cape the boycott was resumed. Several appeals for a return to classes were made by the Committee of Ten. Despite statements by principals that the failure of pupils to attend classes was partly due to police action in schools, a concerted police operation was launched in Soweto on 16 August, aimed at students suspected of organising political meetings on school premises. Police raided four secondary schools in Soweto, arresting 130 pupils, and birdshot was fired at Orlando West Secondary School when pupils allegedly stoned police. The principal of the school, Mr. P. Mzaidume, said that there had been no provocation to warrant the raid, and in fact the meeting which the police had broken up had been called in order to discuss a school excursion. General Kriel, head of riot control, claimed however that police were aware that at the four schools concerned pupils were not attending classes, but gathering illegally and writing slogans (which were "too subversive and inciting to repeat") 12 on black boards. Following the raids attendances fell even more, and a number of principals said that the boycott would continue as long as police raids continued. On 18 August, against a background of continuing police raids on schools and fluctuating attendances, the Minister of Bantu Education stated that the Bantu Affairs Commission was, at his request, investigating whether 40 post-primary community schools in Soweto should have their registration cancelled and be taken over by the State. School boards of the schools concerned were given until 25 August to produce adequate reasons why the schools should not be closed and their subsidies withdrawn. 11 Rand Daily Mail, 15 August. 12 Rand Daily Mail, 17 August.
CIVIL UNREST
In a further statement Mr. J. G. Rousseau said that if the State took over control of the schools, his department would try to persuade students to return to school. He did not elaborate on how this would be done. A meeting of the Committee of Ten on 19 August resolved to make no further attempts to persuade students to return to school, as they felt that any attempts would be futile while police continued to raid schools. One hundred and thirty-seven people, including teachers, were arrested and one shot dead in a police raid on Moletsane Secondary School, Soweto, on 19 August. Police alleged that they had found drawings of bombs and booby-traps on blackboards in the school, but General Kriel refused to make any comment on the matter. The SSRC appealed yet again, on 21 August, to students to return to school. Their appeal followed a meeting with principals at which it was agreed that the syllabuses of the Joint Matriculation Board would be taught in post-primary schools in Soweto. On 24 August the Minister of Bantu Education received the report of the Bantu Affairs Commission's investigation. The following day it was announced that the 40 schools concerned would be closed and reopened as Government High Schools at a later date. Teachers employed at the community schools would be given equivalent posts at the State schools, but all pupils would have to reapply for admission to school, with the exception of matriculants at Meadowlands High, who had not boycotted their school. Mr. Botha said that he was compelled to take these steps in view of the fact that since the beginning of August no educa tion had taken place in these schools. He said it was clear that the school boards had ceased to exercise control over pupils and that this applied also to the boards' control of teachers. He went on to say that if enrolment of pupils at a school was so low as not to justify the continuation of that school, some sort of reorganisation of the Department would be considered.' In the meantime, trouble had broken out once more in Soweto, where one person was shot dead when police opened fire on demon strating students at Jabulani Junior Secondary School, and in Atteridgeville, where one person was killed and five arrested when rioting broke out. Students at the University of the North were instructed to leave the campus on 25 August, following a two-day lecture and food boycott in protest against the expulsion of a member of the SRC, and the poor quality of the food served at the university. Various black organisations, such as the Black People's Convention and the Black Unity Front (BUF), reacted strongly to the proposed takeover of schools saying that it was irrelevant, as the African community had never had any effective power Rand Daily Mail. 26 August.
A SURVEY OF RACE RELATIONS, 1977
with regard to the education of their children. Dr. S. Nyembezi of BUF said that the only solution lay in changing the system of education.' The SSRC announced on 29 August that they would boycott the new schools and students would not apply for admission until the system of Bantu Education had been abolished, schools returned to the community, all detainees released and police harassment stopped. The take-over of the schools was effected on 31 August and 1 September, and pupils were given until 3 September to apply for readmission to their schools. A number of conditions had to be fulfilled, including the signing of an agreement by parents that they would undertake to pay for any damage caused to school property by their children, that they would guarantee the regular attendance of their children, and that they agreed to any disciplinary action taken against children as set out in the regulations of the school concerned. Teachers were required to sign new appointment forms somewhat hurriedly, without going fully into their conditions of employment. Many teachers said that they would resign if they found these unacceptable, but Mr. Strydom stated that teachers at the new State schools would now have the same conditions of employment as white, Indian and Coloured teachers. 3 Meanwhile, the boycott of schools continued, both in Soweto and Atteridgeville-Saulsville, and on 30 August Dr. A. S. Nkomo, chairman of an Atteridgeville school board, resigned in protest against Government action in schools, saying that the Government had failed to deal with the situation, and that he was con vinced that there was no room for negotiation with the authorities with regard to school problems. In Mdantsane, near East London, police used dogs on 30 August to disperse a crowd of youths who were attempting to force fellow-pupils at Ngcelwane Secondary School to leave classes. On 31 August trouble broke out in the African townships of Bloemfontein when police took action against demonstrating high school students. Three days of rioting ensued, during which time beerhalls, Administration Board buildings and a clinic were stoned, and several people injured. A young girl was killed when she was hit by a car as police dispersed a mob. During September the continuing boycott of schools in Soweto and in Atteridgeville-Saulsville spread to other parts of the country. On 1 September pupils at Mathebathe and Mboweni higher primary schools, Pretoria, refused to enter their classrooms and stoned their schools, and the following day two more higher primary schools followed suit. (Up to this time only post-primary schools had been affected by the boycotts.) On Monday, 6 Sep2 Rand Daily Mail, 28 August. 3 Star, 31 August.
CIVIL UNREST
tember, attendance improved at some schools in Atteridgeville, but remained non-existent at others, while another school board chairman, Dr. E. T. Mogoba, resigned. Children at Tlakhula High School in Kwa Thema, Springs, continued to stay away from school. Atteridgeville-Saulsville students resolved at a meeting on 7 September to continue their boycott of classes until such time as the Bantu Education system was scrapped and their detained colleagues had been released. It was also decided that the boycott should not extend to primary schools, because if high school stu dents won their battle for change, this would automatically extend to primary schools. On 9 September shots were fired by police in Soweto when youths stoned buses in Diepkloof, and in another incident one man was killed and three arrested when police opened fire on a group of young men who were robbing a delivery van. On 11 September it was reported that Bethal College in the Transkei had closed down following an arson attack, and over that week-end arsonists attempted to set fire to Lovedale College, which had reopened the previous week. In Soweto police prevented students from attending the funeral of one of their colleagues, while in Atteridgeville the SRC called for a week's mourning in memory of Irene Phalatsi and Kgomotso Ditshego, both of whom had died during the unrest of 1976. Attendance at Hofmeyr High School and Dr. Nkomo Secondary School, both in Atteridgeville, improved on Monday, 12 September, though teachers said that the increase in attendance was misleading as pupils were not actually going to classes, but simply milling around the school grounds. This increase in attendance followed a meet ing at which parents agreed that they would appeal to their children to return to school in order to avoid the threatened closure of the schools being boycotted. Jabavu High School in the Ciskei was closed for the second time in one month, following further unrest among pupils. On 13 September attendance at post-primary schools in Atteridgeville-Saulsville dropped once more, and on the East Rand a third school joined the boycott. In Sharpeville rioting broke out following a film show, and a number of people and vehicles were stoned. Two days later a power-failure at a cinema in Welkom also led to an outbreak of violence, and arsonists caused slight damage to a high school in Thaba'Nchu. Meanwhile, the University of the North reopended on 12 September, following the August boycott. A day later the SRC of the university was suspended and seven students arrested. On 15 September about 1 500 students left the campus following the expulsion of ten students and a confrontation with baton wielding policemen. Students described the university as "one of the strongest pillars of Bantu Education and the apartheid
A SURVEY OF RACE RELATIONS, 1977
system".4 (A day prior to this two children had been injured in a petrol bomb attack on the house of a hostel superintendent at the university.) On 18 September police prevented students from taking part in a funeral procession in Soweto. Two busloads of mourners were diverted to Protea police station for questioning. According to witnesses police beat the children with batons as they left the buses.5 By 19 September the boycott of secondary schools in Soweto, Alexandra and Atteridgeville was still in force, and attendance at primary schools in Atteridgeville had dropped sharply following a warning from post-primary students that primary pupils should now join the boycott. A couple of days later primary school pupils in Alexandra township were forced to leave their class rooms by youths protesting against the system of Bantu Educa tion, and on 23 September high school students in Peddie, in the Ciskei, also started boycotting classes. During the last week of September students in Mamelodi joined the five-week-long boycott of the Atteridgeville-Saulsville pupils, and students from Kwa Thema, Springs, and Brakpan left their classes, as did pupils in Port Elizabeth, where thousands of pupils boycotted every school. The situation in Port Elizabeth remained peaceful, although 68 pupils were arrested, Primary school pupils from nine out of ten schools in Duduza township, Nigel, staged a walkout from their schools and stoned a number of buses. Trouble flared up at the University of the Western Cape (UWC) on 21 September, following a meeting held to discuss the possibility of a mass walk-out by students as an indication of their rejection of Coloured Education. Students in favour of the walk-out proceeded to disrupt lectures and stone buildings until riot police were brought onto the campus. Academic activities were suspended for two days and a number of students were barred from the university. The death in detention of Steve Biko, acknowledged leader of the Black Consciousness movement in SA, on 17 September, exacerbated the tensions prevailing in the black community. At the University of Fort Hare 1 250 students attending an open-air memorial service for Steve Biko on 18 September were arrested for contravening the prohibition on outdoor meetings. On 21 September police raided St. Matthew's Anglican Church in Soweto, where a memorial service was being held. Police used teargas and moved into the church with batons, while a child was killed and several people wounded when police opened fire with buckshot just outside the church. That night one person was 4 Rand Daily Mail, 16 September. 5 Rand Daily Mail, 19 September.
CIVIL UNREST
shot in Zwelitsha, Ciskei, when a crowd of people protesting against Biko's death started stoning cars and buildings, and police were brought in to disperse them. Three days later, on 23 September, a large crowd of mourners gathered at the YWCA in Dube, Soweto, to board buses for King William's Town where the funeral of Mr. Biko was to take place on 25 September. Police moved in on the building, causing people to panic, and chaos ensued. There were numerous reports of people being assaulted by policemen. Warning shots were fired and the crowd was eventually dispersed, 98 people being arrested. Roadblocks were set up on the main roads to King William's Town and buses were stopped and searched, many being turned back because they did not have the required permits. Police in King William's Town itself kept a low profile on the day of the funeral, attended by thousands of mourners of all races, which remained peaceful. However, in Mdantsane a mob of youths, who had just returned from the Biko funeral, went on the rampage, stoning two black policemen to death and causing extensive damage to buildings and vehicles. On 26 September a 17-year-old schoolboy was shot dead in Dimbaza township when a group of students and adults stoned a number of factories and set fire to the offices of the Eastern Cape Bantu Administration Board. The following day a number of Ciskei Government offices and 2 vehicles were burnt by rioting pupils. Also on 27 September, 90 pupils were arrested in Port Elizabeth, where thousands of pupils boycotted their schools in protest against Bantu Education. On 28 September students at Nathaniel Pamla High School near Peddie in the Ciskei, joined the boycott, and in Zwelitsha youths stoned a number of Govern ment vehicles and buildings, while at Mdantsane a group of pupils stoned a high school and the home of their headmaster, following which all post-primary schools were closed. Chief Minister of the Ciskei, Chief Sebe, blamed this outbreak of unrest in the Ciskei on instigators from outside the homeland. September -
Collapse of secondary education in Soweto
It was against this nationwide background of continuing outbreaks of unrest and boycotting of educational institutions, that secondary education in Soweto collapsed completely. Following the takeover by the State, secondary schools in Soweto reopened on 1 September. The 27000 students were re quired to reapply for admission to their schools and, as previously mentioned, the SSRC had announced their intention of continuing the boycott of schools with renewed force. The SSRC also called on the 700 teachers affected by the takeover to resign. By 5 September, the deadline for a re-enrolment at the new State schools, only about 2 000 pupils had enrolled. (Primary
A SURVEY OF RACE RELATIONS, 1977
schools, unaffected by the takeover, continued to function normally.) Attendance at post-primary schools was very low, and on 6 September riot police entered a number of schools and ordered unregistered children off the premises. On 6 September about 600 of Soweto's 700 secondary school teachers met to discuss the situation in schools, and the call made on them by the SSRC to resign. Following the meeting, which was interrupted by riot police, a statement was issued in which the teachers declared their intention of resigning from their posts, saying that the takeover of schools by the State was arrogant and unacceptable, and that the continued service by teachers under the system of Bantu Education brought them into disrepute. A committee of six was appointed to investigate the legal implications of resignation by teachers, most of whom had already signed new service contracts. Mr. M. C. Botha announced on 7-September that the deadline for parents to enrol their children at school had been extended to 14 September, and he warned that children who were not enrolled would not be permitted to write examinations at the end of the year. Following a raid on Meadowlands High School by students from neighbouring schools attempting to enforce closure of Meadowlands High, Mr. G. Rousseau promised police protection to students who registered and attended school. Never theless, by the time the second deadline had expired, fewer than 10% of Soweto's post-primary students had re-registered. In the meantime, after another meeting, teachers issued a second statement declaring that Bantu Education was inferior, not only because of the tag "Bantu", which was so deeply re sented, but also because, amongst other reasons, inadequate funds were made available by the Government, Bantu Education was ethnic in concept and had ethnic limitations, and was based on a false philosophy and promoted a specific ideology. They also said that too little of the major control of Bantu Education was left in the hands of those for whom it was intended. These shortcomings and the degradation felt by teachers in the face of police attacks on schools and pupils, had rendered their con ditions of service completely untenable. The statement went on to say that the State takeover of schools was not, in fact, aimed at solving educational problems, but rather at regimenting schools even further, as was indicated by the fact that police and not inspectors were going from school to school checking enrolment statistics.' Following a meeting with the Secretary for Bantu Education on 12 September, Soweto teachers met again on 15 September to finalise plans for their mass resignation. After the meeting at least 300 teachers signed resignation forms. The following day 6 Rand Daily Mail, 9 September.
CIVIL UNREST
four meetings of teachers were held at which Mr. J. Strydom, Regional Director of Education for Soweto, called on teachers to consider the effect of their resignations on pupils. Speaking at the same meetings Mr. F. Mazibuko, secretary of the Com mittee of Six,7 said that negotiating with the Department was futile. Meetings of parents were held at schools in Soweto in order to discuss and help resolve, if possible, the continuing boycott of schools. These were very poorly attended - by fewer than 200 parents in all - and a group of about 30 parents at Orlando High School agreed that there would be no education in Soweto until Bantu Education had been abolished. A meeting of parents, held on 24 September at Naledi High School, condemned Bantu Education and resolved to take action to bring about the repeal of the Act, at the same time calling on teachers not to resign, as this would do even more harm to education in Soweto. On 27 September 331 resignations were handed in to the Bantu Education Department by representatives of the Soweto teachers. Amongst those who resigned were ten principals, in cluding Mr. L. M. Mathebathe, of Morris Isaacson High School, and Mr. T. W. Kambule, of Orlando High School, two of Soweto's foremost educationists. Mr. Kambule, commenting on his resigna tion, said that "a headmaster without pupils is irrelevant". Mr. G. J. Rousseau, Secretary for Bantu Education, said in a television interview that these resignations might not be accepted, and he cast doubt on the fact that teachers had resigned of their own free will, asking whether they had not been pressur ised by radicals into resigning. On 29 September the Minister of Bantu Education announced that his department was taking immediate action against some of the teachers who had resigned, claiming that he had evidence that teachers may have been subject to intimidation. He had received letters from teachers wishing to withdraw their resignations on the grounds that they had resigned under duress. Notices prohibiting them from enter ing any school and suspending their teaching in Soweto pending a charge of misconduct were served on Mr. Curtis Nkondo and Mr. Fanyana Mazibuko, chairman and secretary of the teachers' Committee of Six. Four other teachers were given notice that their services had been terminated.' By 30 September 475 teachers had resigned, and it was reported that the services of all teachers who had resigned were to be terminated: unqualified teachers receiving 24 hours' notice, qualified teachers, 30 days. On 30 September the countrywide ban on open-air gatherings in terms of Section 2 of the Riotous Assemblies Act, was extended until 31 March 1978. 7 A Committee elected by the resigning teachers to represent them. 1 Rand Daily Mail. 30 September.
A SURVEY OF RACE RELATIONS, 1977
October -boycott
of schools spreads
About 100 youths stoned police and cars in Queenstown's Mlungisi township on 1 October, when a beauty contest was disrupted by rioters, and on 2 October a man was shot and killed as rioting continued. Two days later a second man died of gunshot wounds. On 3 October rioting had broken out in Cradock, and following three days of violence, during which a number of people were treated for gunshot wounds, 50 people were arrested. Also on 3 October, a white man was stoned by students in Tembisa township, where high school pupils were boycotting classes, and in Soweto a crowd attacked and stoned the home of a policeman. On 4 October unrest spread to schools in the homelands of the Northern Transvaal. In Venda students went on the rampage in Sibasa, stoning the parliament building and setting fire to the homes of a White official of the Department of Health and an African constable and stoning the home o~fthe Secretary for Justice.2 In Gazankulu a school was burnt and the home of the principal stoned, while in BophuthaTswana 33 students carrying stones and kieries were arrested. In New Brighton, Port Elizabeth, teachers met on 4 October to discuss the call made on them to resign; secondary school pupils had started boycotting classes the previous week. In Venda 35 schools were closed down indefinitely on 5 October and two secondary schools were closed in Bophutha Tswana. In Grahamstown and Fort Beaufort pupils boycotted classes and Lovedale College was once more attacked by arsonists. In Durban students at the University of Natal Medical School decided to boycott lectures until such time as the SA Government rescinded its decision to phase out African students.' The next day a fifth school in the Pietersburg district was closed following a boycott and rioting and arson were reported in African townships of Graff Reinet and Paarl, and in Sada, Ciskei. On 7 October it was reported that 196 000 African pupils throughout SA were either boycotting schools or unable to attend school because of closures. 4 In Venda 357 schools had been closed, affecting 114 800 pupils, and in the Ciskei schools serving 50 000 pupils in East London, Queenstown, King William's Town and Port Elizabeth had shut down. In Soweto 27 000 secondary school pupils were boycotting 40 schools and 4 schools in Pretoria were not functioning as the boycott, involving 3 072 students, continued. In the Cape Peninsula the situation was normal, although there had been a drop in attendance during the previous week. 2 Rand Daily Mail, 5 October. 3 See chapter on Health.
4 Star, 7 October.
CIVIL UNREST
On 11 October the unrest continued, as 471 high school pupils were arrested in Port Elizabeth following a meeting held to discuss the planned re-opening of schools. When ordered to disperse, the crowd had stoned police. In Soweto higher primary pupils had started to join the high school students' boycott of classes and on 13 October boycotts were continuing in the North Eastern Transvaal and the Eastern Cape. In Germiston 120 form I pupils walked out of classes at Thuthuka Higher Primary School, saying that there was no point in continuing, as no secondary schools would be operating in 1978. According to the Department of Bantu Education 110 Soweto teachers had with drawn their resignations by 12 October. By the end of the week primary school pupils in Soweto were staying away from classes in support of secondary school pupils, and Form 2 and Form 4 classes had been closed at Kwa Dlangezwa High School in KwaZulu, following the appointment of a commission of enquiry to investigate conditions at the school. Two youths were shot and wounded as rioting continued in Port Elizabeth, and in Atteridgeville a man believed to be a plain clothes policeman and a number of buses were stoned following a funeral. On 15 October two African constables were clubbed to death while investigating illicit liquor sales at a hostel in Kathlehong township. On Sunday, 16 October a meeting of parents was held at Regina Mundi Cathedral in Soweto, at which members of the SSRC threatened teachers who withdrew their resignations. The meeting resolved that teachers should not return to their posts and that a Teacher's Fund, to be administered by the Teachers' Action Committee, the Committee of Ten and various other bodies, should be launched.5 Rioting and school stay-aways were reported from many parts of the country, including Alice, Witsies Hoek, Pietermaritz burg, Potgietersrus and Pretoria on 17 and 18 October, while in Soweto most higher and some lower primary schools were also affected by the boycott. On 19 October the SA Government announced the banning of two newspapers, the World and Weekend World, and virtually every Black Consciousness movement, and the banning or deten tion of numerous black leaders.' Mr. Kruger said that there was no doubt that the publications, organisations and people banned were a threat to the maintenance of peace and security, and that the steps he had taken were necessary in view of the ongoing unrest in the country.7 Following the bannings, 90 people were arrested at a protest meeting in Lenasia and 60 students of the University of the Witwatersrand were arrested in Braamfontein. 5 Star, 17 October. 6 See chapter on Political Developments. 7 Rand Daily Mall, 20 October.
A SURVEY OF RACE RELATIONS, 1977
School boycotts continued and in Soweto Mr. J. Strydom held a meeting with the principals of higher primary schools on 25 October in an attempt to find a solution to the crisis. Apparently the principals told Mr. Strydom that they wished schooling to continue normally, but only if the system of Bantu Education was scrapped.8 Bantu Education officials estimated that about 73 000 pupils in Soweto were staying away from classes. Meanwhile, stonings, arson and continuing violence were reported from many parts of the country. In QwaQwa pupils from Phofung Secondary School stoned the homeland Minister of Jus tice, the principal and a school inspector, and in Garankuwa youths stoned a BophuthaTswana government vehicle. There were cases of arson and stonings in Nyanga and Port Elizabeth, where police baton-charged crowds of blacks who gathered outside the special courts which had been set up to hear cases arising out of the unrest of early October, and a youth was wounded on 27 October when police opened fire on a crowd stoning a courtroom. On 26 October pamphlets drawn up by the Department of Information were dropped by aircraft over Pretoria's African townships. These blamed the increase in unemployment on the civil unrest and called on Africans to reject violence and intimida tion. According to the Secretary for Information the distribution of the pamphlets had been timed to coincide with the announcement of rent increases in the townships.' Two days later a second lot of leaflets was dropped on Soweto and the Pretoria townships, calling on higher primary school pupils to resist intimidation and write their examinations. Pupils in Soweto had been warned by Mr. J. Strydom that if they did not return to school on 31 October they would not be permitted to write examinations and would have to repeat the year. According to Mr. Strydom the secondary school examinations were a "write off", but higher primary pupils, who were prepared for examinations, should not suffer "because of the work of hooli gans." 2 However, by 31 October attendance at higher primary
schools in Soweto remained virtually non-existent. In Mamelodi, 400 pupils at Ribane Laka Secondary School refused to write their examinations. In Guguletu, after a long period free of incident, attendances at three schools were disrupted when a group of youths attempted to prevent children from attending classes. On 27 October trouble had broken out near Bloemfontein when pupils demonstrated against the education system, and ston ings and incidents of arson occurred during the ensuing week in Benoni, Sibasa, Peddie, Queenstown, Keiskammahoek and Fort 8 Star, 26 October.
1 Rand Daily Mail, 27 October. 2 Star, 29 October.
CIVIL UNREST
Beaufort. On 5 November rioting occurred in Langa and six people were injured when police opened fire on a crowd. On 2 November Std. 5 examinations commenced. In Soweto groups of pupils were escorted by police to "neutral" venues out side the township and police provided protection for candidates in the Transvaal and Port Elizabeth. Police protection was also pro vided for those matriculants who did start writing examinations on 3 November. On 7 November Form 3 pupils in Atteridgeville Saulsville refused to write examinations. The following day pupils in Alberton followed suit, and in Katlehong police opened fire on pupils at Fumano Secondary School when they stoned their school. Police swooped on Atteridgeville-Saulsville on 10 November and arrested 626 people. Of these 410 were arrested for pass offences and 198 schoolchildren were picked up in order to deter mine whether they were in need of care in terms of the Childrens' Act. (All of these children were subsequently released into their parents' care.) According to police the raid was designed to combat3 criminal elements and had nothing to do with the current unrest. Violence continued to flare up during the ensuing week. On 12 November police opened fire on a crowd which had stoned and set fire to schools following the funeral of a youth shot while trying to escape from the police. Chesterville school in Durban was stoned by pupils on 14 November and rioting broke out in Langa and carried on the following day, when five people were injured when police opened fire on a crowd. On 19 and 20 November fur ther rioting occurred in Port Elizabeth and four people were in jured by police gunfire. A week later on 26 November, police wounded three youths when trouble broke out following the funeral of a Kagiso student who had died in detention. Early in November regulations had been gazetted which provided for the expulsion of African pupils who stayed away from school for more than five consecutive days without adequate reason, and on 14 November it was announced that there would be no promotion or special examinations in 1978 for pupils who were boycotting examinations. On 1 December Mr. G. J. Rousseau, Secretary for Bantu Education said once again that unless pupils in Atteridgeville-Saulsville returned to school in 1978, his depart ment would be compelled to transfer teachelrs to other areas. On 1 December a meeting was held between officials of the Department of Bantu Education (including Mr. J. Strydom) and 260 principals and vice-principals from the Johannesburg area. The meeting resolved (a) that the system of Bantu Education should be scrapped and a national conference be held to work out an alter native system, and (b) that a delegation should meet the Minister in 3 Pretoria News,
11 November.
A SURVEY OF RACE RELATIONS, 1977
order to discuss proposals for reforming the system which had been drawn up by ATASA.' THE CILLIE COMMISSION
The Cillie Commission of Inquiry into the riots at Soweto and other places in the Republic commenced hearings on 27 July 1976. Written and verbal evidence was presented by numerous individuals and organisations, including the SA Institute of Race Relations, with hearings being held in all major centres affected by the unrest. During December 1976, while hearings were in progress in Cape Town, Dr. Percy Yutar, who was leading evidence for the Commi-sion, made a speech before a group of businessmen in which he said that carloads of agitators had instigated riots in various parts of the country. Dr. Yutar was strongly criticised for anticipating the findings of the Commission. Subsequently a statement was issued by the Secretary of the Commission, saying that Dr. Yutar's remarks were made in his personal capacity and not on behalf of the Commission.1 Following sittings in Durban, East London, Port Elizabeth and Empangeni, the Commission resumed hearings in Pretoria early in February. A number of detainees being held under Section 6 of the Terrorism Act, gave evidence in which a number of prominent people were named in connection with the unrest. On 10 February a press editorial drew attention to the fact that serious accusations had been levelled at some of these in dividuals which could constitute character assassination in view of the fact that the accusations could not be challenged by defence Council.' Mr. Justice Cillie, saying that in his view the article was aimed at bringing the Commission into disrepute, replied that every person had the opportunity to be heard by the Com mission, and the best way of refuting damaging evidence would be to lead contradictory evidence. He went on to say that in fact the attorney of the person referred to had been in com munication with the Commission and received a copy of the controversial evidence before it had been led.' Between 14 and 30 June the Commission returned to Cape Town to hear evidence with regard to the Christmas riots in the Peninsula. Hearings ended on 30 June. But at the time of writing the report of the Commission had not yet been released, but it was ex pected to be tabled in Parliament early in 1978. 5 Rand
Daily Mail, 2 December. For details of these proposals see chapter on Education for Africans. 1 Rand Daily Mail, 7 December. 2 Rand Daily Mail, 10 February. 3 Rand Daily Mail. 22 February.
DEFENCE EXPENDITURE AND FINANCING
The estimates of expenditure on Defence from the State Rev enue Account for 1977-8 were as follows:1 R
Defence ................. 1 654 000 000 Public Works on military bases 46082 000 1 700 082 000 This sum constituted 18,1% of the total budget. During the year the Government promoted the sale of defence savings bonds to provide revenue for defence. An issue of "bonus bonds" was introduced in October. A portion of the interest earned by these bonds would be used to purchase further bonds to be distributed to bondholders on a lottery basis. This system was intended to encourage greater investment in defence bonds. Gov ernment spokesmen emphasised that the proceeds of the defence bonds would reduce the need for future tax increases to finance defence spending. Prior to its introduction, some Afrikaans church leaders condemned the bonus system on the grounds that it con stituted a lottery. Chief Minister Gatsha Buthelezi of KwaZulu declined a Government invitation to join dignitaries and other homeland leaders at a ceremony held in Pretoria to mark the intro duction of the bonus bond system. He said his cabinet had re solved not to buy defence bonds which could contribute towards the defence of an apartheid society.2 The treasury announced in August that R152 893 550 had been subscribed to defence bonds in their first year of issue, by 7 195 applications., Local authorities and medical aid schemes were reported to be large investors in defence bonds. DEFENCE FORCE PERSONNEL
During 1976, 63 104 men were called up for Defence Force duties according to figures provided by the Minister of Defence. Of these 37 518 applied for exemption or deferment, 32 730 were granted deferment and 3 718 were granted exemption.' During the year several church groups defended the right to conscientious objection and urged the Goverment to provide alter '
RP. 2 and 5/1977 Votes 4 and 37-9. 2 Rand Daily Mail, 3 October. 3 Rand Daily Mail, 2 August. 4 Hansard 13 Col. 931.
A SURVEY OF RACE RELATIONS, 1977
native forms of non-military national service. (For details see section on the Churches.) The Minister of Defence said in February that no soldiers had deserted from the army while serving on the S.W.A. border, al though 31 had absented themselves without leave and had been charged and sentenced in terms of the Military Discipline code. He dismissed overseas reports of desertion rates of up to 100 men.' Figures were not available for the number of men who had left S.A. during the year in order to avoid military service. Two Natal men, Kevin Lave and Lawrence Bartlett, sought refugee status in England after leaving S.A. because they were determined that they "would never fight for white supremacy in a civil war created by apartheid."' The British Home Secretary stated that any "war resister" applying for asylum would have his case heard on merit at Ministerial level. A White Paper on Defence tabled in Parliament in April stated that events during the previous two years had shown the need for the development of a "total national strategy". In view of the resultant strain on manpower, an investigation was under way which would consider inter alia the possibility of extending voluntary national service to white girls and to other population groups. The paper gave the following figures for casualties in the S.,'\.A. operafional zone since 1 April 1975. 231 alleged Swapo fighters had been killed. 53 of the local population had been killed by guerrillas. 33 Security force members had received caualties. The paper listed the following manpower composition of the Defence Force.' Permanent Force
... 7,0%
National Servicemen (currently in service) 6,6% Citizen Force
...
Commandos
......28,4%
Civilians (Permanent)
3,1%
... 54,9%
During the Budget debate on the Defence Vote, the Minister of Defence, Mr. P. W. Botha, said he was working on the imple mentation of the principle of equal pay, regardless of colour, for servicemen in the "operational area. ' 9 In reply to a question in the Assembly, the Minister said that the followidrg special camp allowances were paid daily to defence force members in the "operational area": 10 5
Hansard 2 Col. 67.
6 Rand Daily Mail, 12 May.
7 Defence White Paper p. 7. 8 Ibid, p. 18. 9 Hansard 12 col. 5826. 10 Hansard 14 Col. 992.
DEFENCE FORCE
Married Rations supplied
Single
Rations not supplied
Rations supplied
Rations not supplied
White .......... R4,50
R5,50
R3,50
R4,50
Black
R3,50
R2,50
R2,50
......... R3,50
In response to opposition calls for greater participation by blacks in the defence force, Mr. Botha announced that the Gov ernment had approved the establishment of a volunteer Citizen Force maintenance unit for Coloured people in which they would eventually fill all the posts." He said it was also intended to estab lish a Citizen Force infantry unit for Coloured students. The Col oured S.A. Cape Corps exists as part of the permanent force and an infantry company of this unit had been employed in the opera tional area. African soldiers are trained at Lenz and members of the Ovambo and Kavango battalions were increasing gradually according to the defence white paper.'" However, Mr. Botha, speaking later in the defence vote, said that as long as he was Minister of Defence large Coloured units would not be established as part of the Defence Force. 3 Speaking in August at the University of Port Elizabeth and later at the Cape Nationalist Party congress, Mr. Botha said the Government had accepted the principle of compulsory national service for Coloured and Indian people. From 1978 a cadet system would gradually be introduced in Coloured and Indian schools. This would lead to the introduction of the national service system for these groups, he said.' 4 In response to the announcement, Mr. Sam Solomons, a Labour Party Member of the CRC, said that Coloured people and other blacks owed no allegiance to S.A. and could not be expected to fight in defence of the country. 15 Speaking in October, General M. Malan, Chief of the Defence Force, said that more than 20% of SA forces in the ''operational area" were blacks and they were doing "outstanding work". He called on commando units throughout the country to accept suitable black soldiers. "Let us encourage the black man at every possible 1opportunity to make his contribution in defend 6 ing the country.' It was announced in August that a defence force board of inquiry had been established to investigate allegations of mis behaviour and irregularities by SA soldiers in Namibia. The allegations included reports of irregular hunting expeditions, using military equipment.'" Complaints of misconduct by SA 11Hansard 12 col. 5825.
12 Defence White Paper, p. 21. 13Hansard 12 col. 5871. 14 Rand Daily Mail, 18 August; Cape Times, 25 August. 15 Rand Daily Mail, 19 August. 16 Rand Daily Mail, 24 October. 17 Cape Times, 20 August.
A SURVEY OF RACE RELATIONS, 1977
troops were made by villagers at a public meeting in Ovambo in August and police were reported to be investigating. In October the SA Government apologised to the Botswana Government for the conduct of SA soldiers who entered Botswana illegally and allegedly raped a villager and assaulted others. Four men were subsequently courtmartialled. 18 DEFENCE FORCE EQUIPMENT
The Armaments Development and Production Amendment Act, passed during the year, transferred the responsibility for the procurement of arms from the Armaments Board to the Arma ments Corporation of S.A. (ARMSCOR). It was stated in the Defence White Paper that considerable progress had been made to make S.A. self-sufficient in respect of armaments for its "internal protection".' As regards other equip ment, S.A. was negotiating licences for more sophisticated and expensive equipment, which, if necessary, would be put into operation in the country. The paper said that on account of the weapons embargo against S.A., the Defence Force had to adapt its "structure, doctrines and strategies" to the type of military equipment obtainable in S.A.' Speaking in the Assembly, the Minister said that 57% of the current hardware requirements came from overseas sources. He would not name the overseas sources and called on MP's not to mention sources of supply in public. He criticised Mr. Cadman (UP) for naming France as a major hardware supplier. He also said it was contrary to SA policy to buy equipment on the black market.' The Defence White Paper stated that 45% of the total defence budget was 4 spent internally. During the year there was growing evidence of a developing arms embargo campaign against the SA Government. In August the French foreign minister announced that once current con tracts for the sale of naval vessels to S.A. were fulfilled, a full French embargo on arms sales to Pretoria would come into force. Manufacturing of her arms in S.A. would also end when licences expired.5 Towads the end of October, following widespread bannings and detentions in S.A. the UN Security Council passed a US initiated resolution calling for a six-month arms embargo against S.A. A subsequent resolution proposing an open-ended arms embargo covering nuclear co-operation and the supply of civilian 18 Rand Daily Mail, 19 October. 1 Defence White Paper p. 27. 2 Ibid, p. 10. 3 Hansard 12 Col. 5827. 4 Defence White Paper p. 12. 5 Rand Daily Mail, 16 August.
DEFENCE FORCE
goods with potential military use was vetoed by the Western powers. A proclamation in terms of the National Supplies Procurement Act was issued on 11 November empowering the Minister of Eco nomic Affairs to seize goods from any person, to order the manu facture of goods without due processes of public tender and to order persons capable of supplying such goods to the State to do so. The Minister said the provisions were introduced as a result of sanctions. During the year there was speculation and conflicting reports about S.A.'s nuclear warfare capability. The Washington Post quoted American and British sources who believed that S.A. was close to producing an atomic bomb.' In response to the specu lation, Mr. C. Mulder, Minister of Information and of the Interior, said that S.A. would use all the means at its disposal "whatever they may be" if it was attacked. He said it was true that a pilot plant using very advanced technology had just been completed and that S.A. had never signed the nuclear non proliferation treaty. In August, as a result of diplomatic communications between Russia, the US and France and of information allegedly obtained by a "spy satelite" over S.A., France called on the S.A. government not to proceed with a nuclear test explosion in the Kalahari which western powers believed to be planned. Government spokesmen denied the allegation that atomic test installations had been built in the Kalahari desert. It was reported that France and the US received assurances from S.A. that there would be no nuclear tests in the country.' In October the SA Prime Minister, and later the foreign minister, denied that the US President had received any assurance that S.A. would not develop nuclear arms. The Prime Minister reiterated the country's policy of developing nuclear facilities only for peaceful purposes. This policy was determined independently, he said.' DEFENCE AMENDMENT ACEI, No. 35 OF 1977
In general this amendment extends powers previously granted to the Government in time of war to apply in situations defined as "operations in defence of the Republic or for the prevention or suppression of internal disorder in the Republic". Powers granted by this broader definition include powers conferred on the State President regarding the security of harbours and aero dromes, the power to commandeer and to authorise the use and 6 Washington Post, 10 February. 7 Rand Daily Mail, 24 August, 25 August, 29 August; Star, 23 August, 30 August; Financial Mail, 2 September. S Star, 24 October; Rand Daily Mail. 26 October.
A SURVEY OF RACE RELATIONS, 1977
control of any transport systems by the Defence Force. Similar extensions were made to the Minister's power to order the evacuation or concentration of persons. In the principal Act powers of censorship were conferred on the State President only "in time of war". In terms of the Amendment Act he was granted this power "during operations in defence of the Republic or for the prevention or suppression of terrorism or for the prevention or suppression of internal disorder in the Republic". During the committee stage of the Bill the Minister of Defence accepted an amendment proposed by the UP which inserted a provision requiring the State President to invoke censorship provisions "by proclamation in the Gazette, or in such other manner as he deems expedient in the circum stances". The Section inserted in 1976, which provided for indemnity from civil or criminal proceedings for members of the SA Defence Force and other persons in the service of the State in respect of acts ordered or done in good faith in connection with the preven tion or suppression of terrorism in any operational area, is amended to provide that Section 5 of the Inquests Act should not apply in respect of any death in respect of which the Minister issues a certificate stating that such death was caused in this manner. (Section 5 of the Inquests Act provides that if it appears to a magistrate that a death is not due to natural causes, he should institute an inquest.) The clause dealing with the prohibition of taking photo graphs or making sketches of military premises or installations, is amended so that these regulations no longer apply to areas "defined by the Minister by notice published in the Gazette or in any manner which he considers sufficient". They now apply to "any military camp, barracks, dockyard, installation or other premises or any land or area of water used for military or defence purposes or which is under military control, or any part thereof". As before, any member of the defence force may seize any camera found in the possession of a person in such areas. Other amendments are introduced to regulate periods and conditions of service in the citizen force and the commandos. Parliamentary Debate When introducing the Bill at its second reading the Minister of Defence said that the amendments were considered necessary "mainly as a result of the present political and military situa tion. .
."
He said that it was necessary to change the "old
common law concept of war and times of war" because S.A.
DEFENCE
experiences "circumstances which, by different names, are some times fraught with dangers similar to those of war". 1 The United Party supported all the provisions of the Amend ment Bill and proposed several amendments. The Progressive Reform Party strongly opposed the provision granting censorship powers to the State President. The leader of the PRP, Mr. Eglin, said the clause did not limit censorship to military situations or to security information. It did not even stipulate that the infor mation to be censored had to be related to any particular unrest, he said.' During the third reading Mr. R. De Villiers (PRP) warned that if the censorship powers were implemented South Africa's "credibility will suffer as it has never suffered before". The Minister of Defence rejected these objections and stated that the provisions were necessary for the "security of the State and for the protection of its troops".4 SECOND DEFENCE AMENDMENT ACT, No. 68 OF 1977
In terms of this Amendment Act the limit of periods within which service in the Citizen Force and the Commandos is to be completed was extended from 12 months to 24 months (for the initial period) and from 95 to 240 days for subsequent training (in practice eight annual camps of 30 days each). These provisions come into effect from January 1978. The Act also adjusted the ratios of Citizen Force service for which members of the Permanent Force become liable when they terminate their service. The Minister of Defence was empowered to establish auxiliary forces to perform "such func tions as he may determine". Other amendments were included regarding terms of military service. GENERAL
The Defence White Paper tabled in Parliament emphasised the need for the formulation and implementation of a total national strategy, not confined to a particular sphere but "applic able at all levels and to all functions of the state structure
. . .
a
comprehensive plan to utilise all the means available to a state according to an integrated pattern in order to achieve the national aims within the framework of the specific policies".' The White Paper referred to the policymaking role of the State Security Council, a statutory body with the function of advising the Government regarding the formulation of national policy and strategy in connection with the security of the Republic. It con 1 Hansard 5 Col. 1882. 2 Ibid, Col. 1963.
3 Hansard 5 col. 2115. 4 Ibid, Col. 2121. 1 Defence White Paper p. 5.
A SURVEY OF RACE RELATIONS, 1977
sists of the Prime Minister, senior Cabinet Ministers, the Chiefs of the Defence Force, the Police and the Bureau for State Security and other top officials. Government spokesmen during the year stated that S.A., could be viewed as being in an undeclared state of war. General M. Malan, Chief of the Defence Force, was quoted as saying that the requirements of a total strategy and a democratic system of government conflicted. 2 Opposition spokesmen ex pressed concern about the possibility that the national strategy followed by the Government was intended to preserve National Party policies and that it could ultimately have an impact on the country's form of government. 3 Speaking in September, the Minister of Defence called on South Africans to be prepared to pay the price of their survival: "If we do not understand that we are in a struggle for survival, we will not be able to make the sacrifices which are necessary." 4 Speaking in November at a sym posium organized by the SA Institute of International Affairs and the Institute of Race Relations Mr. Peter Vale of the University of the Witwatersrand suggested that the SA Government had decided upon the "Garrison option" and was preparing for a siege-type situation. CIVIL DEFENCE
Civil Defence Act No. 67 of 1977 In terms of the Act the Minister of Defence is empowered to proclaim an immediate three-month "state of disaster" within an area if he considers "extraordinary measures are necessary to assist and protect the Republic and its inhabitants and to combat civil disruption. . ." or if he thinks such a situation might arise. The Act defines "disaster" to include "an act of God, the influx of refugees into the Republic or any consequences arising out of terroism as defined in the Terrorism Act, 1967" Provincial Councils are, with the prior approval of the Minister, to promulgate ordinances for civil protection except in matters that require armed action or the prevention of crime. A provincial administrator may, in consultation with the Minister, take any steps he deems necessary in terms of the relevant ordinances whenever he feels a state of disaster may be declared or if he feels immediate action is necessary to prevent, or combat the consequences of, a disaster. The Minister is empowered to take over, after consultation with the administrator concerned, any power or duty conferred by any civil defence ordinance of any Provincial Council. He may also assist and advise, through the medium of the Defence Force, 2 Sunday Times, 13 March. 3 Hansard 12 Cols. 5893-97. 4 Rand Daily Mail, 9 September
CIVIL DEFENCE
bodies to whom civil defence powers have been given to evaluate, co-ordinate and activate civil defence preparedness. The Act indemnifies the State, the Minister or people rendering civil defence service against any legal action concerning any act done in good faith, in connection with powers or duties assumed for civil defence. The existing Civil Defence Act, 1966, was to remain in force in the various provinces until such time as they pass the relevant ordinances in terms of the Act. The passage of the Act was sup ported by all the opposition parties. The Transvaal Provincial Council passed a civil defence ordinance in June in terms of which wide powers were granted to the Administrator and local authorities.' It was reported that despite the provisions in the Civil Defence Act which excluded armed action from the ambit of civil defence units, many were training members in the use of firearms.' The Johannesburg and Pretoria City Councils established security units during the year to protect municipal property during riots. The Johannesburg council voted R83 000 for this purpose. The mayor ruled that no details of the unit could be discussed.' It was reported that men serving in such units would be regarded as police reservists. 4
1 Ordinance No. 20, Provincial Gazette No. 3917, 26 October.
2 Star, 24 May. 3 Rand Daily Mail, 31 August.
4 Star, 30 September.
ADMINISTRATION OF JUSTICE, POLICE AND PRISONS EXPENDITURE
According to the official Estimates of Expenditure for 1977-8, the following sums were budgeted for police, justice and prisons.1 Police ... Justice ... Prisons ... Public Works: Prisons and Quarters ... Police accommodation Judicial buildings .......
... ... ... ... ...
204000000 42391000 80750000 16992000 10691000 5833000 360 657 000
JUSTICE
CRIMINAL STATISTICS
According to the annual report of the Commissioner of SA Police for the year ended 30 June 1976,2 the following numbers of cases were reported to the police: Offences ... ... ... ... Infringements of the law ...
Cases Reported 1974-5 1975-6 989 292 1 008 230 1467058 1363861
Percentage Solved 1974-5 1975-6 70,74 70,46 99,58 99,65
In his report for the year ended 30 June 1976,1 the Com sioner of Prisons stated that during the year, 273 393 sentenced prisoners had been admitted to prisons, 'together with 243 965 awaiting trial prisoners. Sentences imposed during the year are summarised as follows: Sentences Death Penalty ...... Life Imprisonment ... Declared Habitual Criminal ........ Prevention of Crime (5-8 years) ... ... ... Corrective Training (2-4 years) ... ... ... 2 years and over ...... 6 months up to two years 4 to 6 months .........
Whites
Africans
Asians
Coloured
Totals 109 42
87
971
13
188
1 259
83
1370
12
277
1 742
234 507 1 013 662
2412 11 327 17 181 17387
801 2 393 4026 4525
3 458 14378 22 370 22 649
1 RP 2 and 5/1977 Votes 32, 31, 33 and 37. 2 RP 45/1977 p. 5. Figures for the year 1975/76 do not include figures for Transkei. 3 RP 46/1977 p. 23. 1 Listed in previous reports as "indeterminate sentence".
CRIMINAL STATISTICS
Whites 1 557
1 to 4 months ... ... ... Up to and including I month ...
...
...
...
1 456 98 11
100328 128 346
... 5711
228085
Periodical imprisonment Corporal punishment only Totals
Africans Asians 76 506 353
1179
Coloured 11988
Totals 90404
14025 115 61
116213 347 422
38418
273393
According to the writer's calculations, of the total number of sentenced prisoners of all races, approximately 65% were Africans jailed for periods up to and including four months. Of the total number of admissions, 50 680 were women. The daily average of sentenced and unsentenced prisoners in 1975-6 was: African ... ... Asian ... ... ... Coloured ......... W hite ... ... ...
... ... ...
66 445 491 17770 3 808
5 249 17 995 86
71 694 508 18765 3 894
Totals ...
88 514
6 347
94861
According to figures provided by the Minister of Prisons, the average number of awaiting-trial prisoners in custody on the last day of each month during 1976 was 16 783.1 In his report the Commissioner of Prisons stated that during the year ended 30 June 1976, a total of 19 303 prisoners 18 years and under in the following categories had been admitted:, African M F 12250 4017
Coloured M
Asian M F 53 2
2367
4
White M F 133 6
According to figures provided to the writer by the Depart ment of Statistics, the following prosecutions and convictions occurred in certain categories of crime during the year 1 July 1976 to 30 June 1977. Many prosecutions for such crimes fol lowed incidents of civil unrest throughout the country: Public Violence ...... Unlawful and Riotous As semblies ... ... ... ... Sabotage ... Inciting or promoting racial unrest ... ... ... ... ... Arson Malicious damage to property Totals
- Hansard 2, col. 106. 6 Ibid, p. 25.
...
Prosecutions Under 18 All ages 877 2918
Convictions Under 18 All ages 598 1 716
208 73
658 252
162 55
23 331 3 092
169 1 337 16200
23 228 1 972
160, 778 10 177
4604
21 534
3038
13553
535 187
A SURVEY OF RACE RELATIONS, 1977 CRIME IN SOME AREAS OF HIGH POPULATION DENSrIY
The Minister of Police provided the following statistics in Parliament relating to crime rates: Soweto--cases during the period 1 July 1975 to 30 June 1976.' No. of Cases Cases brought Reported to trial Murder ... .... ... ... ... ... 557 137 Rape . ................... 1 336 770 Culpable Homicide 320 245 Assault with intent to do grievous bodily harm ............. 8 239 5 156
Cape Peninsua-cases reported to the police during 1976:1 Murder Rape
...... ...
...
...
551
Assault
973
Robbery ...
.......... ...
8 212 ...
4316
According to a survey conducted by the Human Sciences Research Council there were an estimated 32 000 unreported
cases of robbery, assault, rape and theft in Soweto between February 1974 and January 1975. One in four of the households surveyed had at least one victim of a robbery, assault, rape or theft during the 12-month period. Only 27,2% of the crimes were reported to the police. Several reasons were given for the large degree of non-reporting, including the belief that the police would not be able to trace the offenders or that the crimes were insufficiently serious. Respondents indicated that 75% of the crimes were committed by gangs or groups and over 79% were conmmitted at weekends. 9 COMMENT ON CRIME
In his annual report, the Commissioner of Prisons noted that there was particular concern about the increasing number of prisoners on whom long-term sentences were imposed, which had the cumulative effect of increasing the daily average prison popu lation. The report stated that the total number of sentenced prisoners in custody had increased by 27,4% over the previous decade. In contrast the population had increased by 26,1 % over the same period. NICRO stated in its annual report issued in September that during the year ended 31 March, 10 513 people were reported to have died violently. Police had been informed of 135 705 serious assaults and 38 981 robberies. The report pointed out that crime 7
Hansard 12 cot. 926.
s Senate, Hansard 6 col. 32. 9 Primary Victimization in Soweto, H.S.R.C.. 1977.
1 National Institute for Crime Prevention and Rehabilitation of Offenders.
PENAL REFORM
cost the taxpayer "a phenomenal amount of money". The budget of the three Government Departments involved-Police, Justice and Prisons-had been increased by 16% in the current year. At their annual congress the black committees of NICRO strongly criticised what they viewed as the country's "dehumanis ing and discriminatory laws" and accused them of causing con gestion in the courts throughout the country. JUSTICE DEPARTMENT PERSONNEL
Speaking in the Assembly during the Justice vote, the Minister said that in the department there were two Coloured and two Asian prosecutors. The Department was prepared to create more such posts and the relevant universities had been asked to create better law training facilities. He said it would be in conflict with Government policy to appoint Africans to pro fessional posts in the Public Service of the Republic. Africans were expected to train and practise in homelands "so that the services of the Bantu can be employed in the homeland of which he is a citizen.' VILTJOEN COMMISSION REPORT
The report of the Commission of Enquiry into the Penal System of S.A.,' under the chairmanship of Mr. Justice G. Viljoen, was tabled in Parliament on 26 January. The Commis sion was appointed in October 1974 and some of its recommenda tions were intended to contribute towards the formulation of the revised Criminal Procedure Act. (See below). The commission made a variety of important recommendations, most of which dealt with the sentencing of convicted persons, decriminalisation of certain offences and measures to prevent crime. Referring to general causes of the high incidence of crime in S.A., the Commission found that poor social, economic and political conditions were the main causes of the high crime rate among black residents in urban areas. The economic gap between blacks and whites caused frustration, a breakdown in moral fibre and a cynical and reckless attitude which found its outlet in crime. The white man's laws, courts and administration to which Afri cans were subjected caused friction. Their lives in urban areas were regulated by many involved laws, which were regarded as unnecessary and which soon brought people into conflict with the authorities. The acceptance by blacks that they would spend some time in jail over an issue that appeared petty removed the stigma of a prison sentence. The commission drew attention to poor housing, bad planning of townships and few telephones and police stations. The monotony of existence led to abuse of liquor Hansard 19 col. 9363. 3 RP 78/1976. 2
A SURVEY OF RACE RELATIONS, 1977
and other excesses which led to rape, robbery, assaults, house breaking and thefts. A similar pattern could be found in the Coloured community. The Commission recommended that influx control and curfew laws should be converted into regulating measures in order to prevent the present pattern of large-scale arrests, trials and con victions in the criminal courts. It pointed out that this would considerably reduce the numbers of awaiting-trial prisoners and that if the police were relieved of this tremendous task "not only would the Republic's prisoners be de-congested, but the police would be free to devote their energy and time to the investigation of more serious crime". The Commission urged that the administration of criminal cases be speeded up to avoid the prolonged detention of awaiting trial prisoners. It found that between 63 and 73 % of awaiting-trial prisoners were not jailed after their trials. It recommended that the Criminal Procedure Act be changed so that an adjournment should not be longer than 14 days. Other recommendations advo cated the establishment and wider use of rehabilitation centres for certain categories of offenders rather than punitive imprison ment, a vast extension of probation services and the imposition of fines rather than prison sentences wherever possible. The Com mission urged that, unless necessary, legislation should avoid mandatory and minimum sentences. It was also recommended that magistrates should be requested to inform accused persons of the legal aid scheme, that only the Supreme Court should have the power to declare a person an habitual criminal, that the jurisdiction of magistrates and regional magistrates should be increased, and that more substantial fines should be imposed for "white collar crimes". The Commission also dealt with corporal punishment. (See below.) It recommended that a commission be appointed to investigate after-care of prisoners, that a national parole board and a permanent Penal Reform Committee be established, and that all university legal faculities should be requested to provide courses in punishment or penal law as well as criminology. The Commission also examined the role to be played by "makgotla" in fighting crime in black townships. (See below.) The findings and recommendations of the Commission were welcomed by opposition party spokesmen.4 The director of NICRO expressed full support for the recommendation that the pass laws should be depenalised. The Minister of Justice said, when the report was tabled, that most of the Commission's recommendations had been accepted by the Government. How ever, pass law reform was a matter for the Department of Bantu Administration. 5 Rand Daily Mail, 27 January. 5 Rand Dcdly Mail, 28 January.
CORPORAL PUNISHMENT
On I I October the Minister of Justice announced that a permanent Penal Reform Committee under the chairmanship of Mr. Justice Viljoen had been appointed.' SA LAW COMMISSION
According to the 1976 annual report of the Commission,' it completed two projects during the year, one of which was an inquiry into whether persons convicted in criminal cases should be granted an absolute right of appeal. It recommended that the existing position be left unaltered, i.e. that persons have the right to appeal from a magistrate's court but must apply for leave to appeal from a division of the Supreme Court to the Appellate Division.' CORPORAL PUNISHMENT
The Viljoen Commission recommended that whipping as a form of punishment should be retained subject to certain limita tions. Some, but not all, of the recommended changes were contained in the 1977 Criminal Procedure Act. The maximum number of strokes was reduced from ten to seven. Contrary to the Commission's recommendations, juveniles can still receive more than two whippings (although adults not) and the power to impose whippings remains vested in the lower as well as the higher courts. During debate on the Bill, the Minister said that "the Commission concedes that the Bantu in particular have great faith in this form of punishment, and it would appear, therefore, that under these circumstances the recommendations of the Commission are too restrictive".' Mrs. Helen Suzman (PRP), speaking during the Committee stage of the Bill, called for whipping to be struck from the list of punishments which might be imposed in S.A. She suggested that such punishment could have a brutalising effect on the recipients and turn them 2 against society for the rest of their lives. The Commissioner of Prisons gave the following figures relating to corporal punishment during the year ended 30 June 1976:5 No. of persons receiving corporal punishment Under 21 21 years and years over 14 20 White ... ... ... 501 1 410 African Asian ............ 1 4 Coloured ....... 93 208 6
Average No. of strokes inflicted Under 21 21 years and years over 5,2 5,4 5,4 5,0 3,0 4,5 5,0 5,3
Rand Daily Mail, 12 October.
7 RP 66/1977, V. 7. 8 For more details see the Commission's report on the matter, RP 73/1977. Mansard 2 col. 438. H 2 Hansard 9 cols. 4398-4401. 3 Ibid, p. 25.
A SURVEY OF RACE RELATIONS, 1977
The high rate of corporal punishment administered to juveniles found guilty of offences related to civil unrest was mentioned on page 145 of last year's Survey. Similar sentences were imposed during the year under review.4 In September the Bar Council applied to the Judge-President of the Eastern Cape Division to review cases in which a number of youths under 14 were caned in 1976 by order of courts specially convened in a Port Elizabeth police station. They received eight cuts each for attending an illegal gathering. Mr. Shaw, chairman of the Bar Council, said that those under 14 were presumed in law to be in capable of committing a crime unless it was obvious they were able to appreciate the nature of their offence. Another question was whether the youths' guardians were present in court and what steps were taken to bring them to court. Members of the Bar would appear pro-deo for the youths if permission for a review was granted.5 In a review judgment of an assault case in August, Mr. Justice De Wet in the Grahamstown Supreme Court said that the imposition of strokes was a severe and humiliating form of punishment which should be considered for adults only in the rarest and most serious cases. He set aside a sentence of six strokes on a man of 25 and confirmed a sentence of imprisonment. 6 CAPITAL PUNISHMENT
According to figures provided by the Commissioner of Prisons for the year ended 30 June 1967,1 69 persons who had been sentenced to death were in custody. A further 109 were admitted during the year. Of these: 60 were executed 2 were sent for retrial 21 had their sentences 1 committed suicide commuted 86 were still in custody at the 8 appealed successfully end of the year. MAKGOTLA
The Viljoen Commission considered evidence submitted in favour of the makgotla system. It concluded that it was unable to recommend that any "vigilante group" should be legally recognised in any form other than a police reservist force. It reported that the main risk was that a vigilante force could itself eventually commit criminal acts. 1 In reply to a question in the Assembly, the Minister of Justice said in February that the Government was investigating the legalisation of the makgotla system in African townships. 2 During 4 Eastern Province Herald, 19 August. 5 Eastern Province Herald, 2 September; Star, 30 August. 6 Daily Dispatch, 12 August. 7 lbid, p. 26. For Parliamentary discussion of capital punishment. See Mansard 9 cols. 4387 4390. 1 Ibid, pp. 40-1. 2 Hansard 4 col. 316.
CRIMINAL PROCEDURE ACT
the year several criminal investigations and subsequent prosecu tions for murder or assault were instituted against members of makgotla groups in Soweto.3 Many community leaders in Soweto criticised the makgotla and called on the Government not to legalise the system. Mr. S. Manthatha and other makgotla leaders made approaches to the Government, requesting legalisa tion. A large public meeting held in Soweto mandated makgotla leaders to ask for legal status. In May the Minister of Justice said that if makgotla were legalised, public thrashings by them would be outlawed. Only the name "makgotla" would be retained and in all other respects the courts would operate according to normal legal concepts.4 The Community Councils Act, promulgated towards the end of the Parliamentary session, retained the provisions previously con tained in the Urban Bantu Councils Act, which allowed the Government to confer judicial and "community guard" powers on members of the community. Mrs. Suzman, PRP spokesman on justice, warned that these "makgotla provisions" were not acceptable to Africans born in urban areas or who had lived there for any length of time. Nationalist Party speakers defended the makgotla system as being suitable for Africans to settle disputes.5 CRIMINAL PROCEDURE ACT No. 51 OF 1977
This Act replaced the previous Criminal Procedure Act of 1955. The more important changes made in 1977 are discussed here. One of the more contentious sections of the 1977 Act pro vides for the discretionary questioning of an accused at his trial by the judge or magistrate, if he has pleaded not guilty. If the accused consents, undisputed allegations can be recorded as admissions. Where the accused makes admissions, it is no longer necessary for the State to lead evidence. Introducing the Bill in the Assembly, the Minister of Justice said that these provisions were intended to speed up trials and save the accused "unneces sary remorse". 1 "All that is going to happen is that a tremendous amount of unnecessary loose evidence is going to be eliminated by a few simple questions to the accused or his legal representa tive."' Mr. Pitman (PRP) opposed the measure on the grounds that judicial officers could "go on fishing expeditions against the accused in order to try to establish an offence which has not been properly investigated". 3 Opposition members opposed this and 34 Star, 4 May. Sunday 5 1 2 3
Times, 8 May. Hansard 21 col. 11246. Hansard 2 col. 429. Hansard 9 col. 4192. lbid, col. 4188.
A SURVEY OF RACE RELATIONS, 1977
other measures on the basis that it introduced an inquisitorial element into SA's accusatorial system of criminal procedure. Where an accused pleads guilty to a serious offence, the
judicial officer is obliged to question him to ascertain whether he actually admits to the crime. 4 In Superior Court cases attorneys general can direct that the accused should be pre-examined by a local magistrate when they deem it necessary. When the Bill was first introduced it contained a provision to the effect that an inference migh be drawn from the refusal of the accused to make a statement or answer questions. This controversial provision was however withdrawn by the Minister of Justice at the committee stage of the debate. 5 In terms of Chapter 2 of the Act, the accused person awaiting trial is allowed access to his legal adviser but is no longer guaran teed the right to contact friends or family. Another new provision, in terms of Section 213, is that written statements by persons other than the accused can be accepted as evidence. This is a departure from established procedure whereby witnesses had to testify in court and submit themselves to cross-examination. The Act limits the number of cases in which automatic review is possible. Section 153 of the Act makes provision for criminal pro ceedings to be held in camera if it appears to the court to "be in the interests of the security of the State or of good order or of public morals or of the administration of justice". The court can also allow witnesses to deliver their evidence in camera or direct that a witness' name be not published. Unless the court directs otherwise, the name of an accused, the charge against him, the plea, the verdict and the sentence in a trial held in camera can be published. The Act gives effect to some of the recommendations of the Viljoen Commission regarding rehabilitation centres and alterna tive sentencing. An offender can be directed to be detained at a rehabilitation centre either as a direct sentence or in terms of a condition attached to a suspended sentence. An offender can also be directed to render some service for the benefit of the com munity. In terms of the Act, mandatory sentences for corrective training and for the prevention of crime are abolished, but a person may still be declared an habitual criminal. However, the Act did not embody the Commission's recommendation that only the Supreme Court should have the power to declare an offender an habitual criminal. Regional courts retain this power. Provi sions for sentences of solitary confinement and spare diet have been deleted from the Act. 4 Section
112. 5 Hansard 9 col. 4184.
CRIMINAL PROCEDURE ACT
In terms of the previous Act, witnesses could be held in "protective" detention for up to 180 days at the discretion of the Attorney-General. The new Act requires the Attorney-General to submit affidavits which satisfy a judge in chambers that he should issue an order for the detention of the witness. 6 Such a hearing is held behind closed doors and no information relating to the proceedings may be made public. Neither the witness nor his legal adviser may be present at such a hearing and the witness is given no opportunity to present reasons in person or on affidavit why he should not be detained. This provision was vigorously opposed in Parliament by opposition speakers who contended that there could be no judicial control of the attorney-general's decision when the witness was not allowed to be heard.' An important innovation is introduced in section 217 whereby a confession made by an accused to a magistrate is presumed, unless the contrary is proved, to have been made freely and voluntarily. Previously the onus was placed on the prosecution to show that this was the case. The Act repeals the Criminal Procedure Ordinance of South West Africa, No. 34 of 1963, and extends its own provisions to this territory.' Comments on the implementation of the Act Two members of the University of Durban-Westville's Law Department' claimed that the Act increased the danger of undefended, uneducated accused being wrongly sentenced. They made this claim after observing a trial in which accused were sentenced to imprisonment on the basis of their own admissions rather than on evidence. They claimed that the magistrate had not obtained sufficient information to warrant a sentence. Professor A. Mathews, of the Law Faculty at Natal Univer sity, strongly criticised the provisions in the Act for detaining witnesses. The changes requiring a judge's order forced the judiciary to operate in a way entirely alien to the SA legal system in that the witness was given no opportunity to be heard. He doubted whether this would add to the reputation of the judiciary. 10 The Minister of Justice and other Government spokesmen emphasised, during debate on the Bill, that it would streamline legal procedures and reduce excessive documentation of court proceedings. The number of awaiting-trial prisoners would be reduced and prisoners would reach court more rapidly as a result of the changes to be introduced by the Bill. 6 Section 185.
7 Hansard 9 cols. 4231-3, 4249, 4252, 4260-1. 8 Secs. 343 and 345.
9 Professor Bill Rarnsden and Mr. J. du Plessis in Sunday Tribune 21 August.
10 Star, 4 April.
A SURVEY OF RACE RELATIONS, 1977 THE LOWER COURTS AMENDMENT ACT, No.
1 OF 1977
This Act abolished the provisions which required that a person charged in terms of the Terrorism Act or of sabotage in terms of the General Law Amendment Act, 1962, should be tried before a superior court. It provided that such cases could be held in regional magistrates' courts. Whereas Terrorism Act trials were previously required to be summary, preparatory examinations were introduced in terms of the Amendment Act. In terms of the Magistrates' Courts Act, 1944, a regional court had no jurisdiction over the offence of rape where the accused demanded to be tried by a superior court. This provision was abolished. Previously a magistrate's court could impose a period of imprisonment not exceeding six months, a fine not exceeding R500 and a sentence of whipping, while a regional court was limited to the imposition of imprisonment not exceeding three years, a fine not exceeding RI 000 and a sentence of whipping. In terms of the Amendment Act, a magistrate is empowered to impose imprisonment for a period not exceeding twelve months, a fine not exceeding RI 000 and whipping. Regional magistrates are empowered to impose imprisonment for a period not exceed ing ten years, a fine not exceeding RIO 000 and whipping. In accordance with the Criminal Procedure Act, this Act abolished the provision that all witnesses in criminal cases should deliver their evidence viva voce. It allowed for civil cases to be heard in camera. In line with the Criminal Procedure Act it provided that court records could be made inaccessible to the public. It made other minor amendments to the substantive Act. Both the UP and the PRP opposed clauses of the Bill giving greater power to magistrates' courts. Mr. Dalling (PRP) pointed out that security trials should be heard only in the Supreme Court because the offences were usually related to political activities. Judges could claim a degree of independence which magistrates could not, because the latter had worked all their lives for the State and were public servants in the employ of the State with their tenure subject to the State. He said that the Bill, together with the new Criminal Procedure Act, would contribute towards "a closing of the doors, a greater exclusion of the public, the further whittling away of the rights of the individual and of the Press in our judicial procedure".1 The UP and IUP supported the provisions allowing trials to be held in camera. The General Council of the Bar announced that it was opposed to the extension of the criminal jurisdiction of regional courts.' The Minister of Justice, Mr. Kruger, said during the com mittee stage of the Bill that sabotage and terrorism trials had been brought within the jurisdiction of the lower courts because 1 Hansard 13 cols. 6219-24. 2 Star, 29 April.
INQUESTS AMENDMENT ACT
there were varying degrees of such crime and most of the less serious cases could be sent to regional courts.' THE INQUESTS AMENDMENT ACT, No. 46 OF 1977
The Inquests Act, 1959, specified that upon the determina tion of an inquest, the magistrate concerned should submit the record of the proceedings to the relevant attorney-general. The Amendment Act provided that the magistrate should do this only if he is unable to record a finding on the death, if he has found that the death resulted from an act or omission by any person or if requested to do so by an attorney-general. In the case of an inquest where the body is destroyed or has not been found or recovered, responsibility for submitting the record of the inquest to the Supreme Court was transferred from the attorney-general to the magistrate concerned. The Bill was opposed by the PRP and the UP. Opposition members expressed fears that the amendments would lead to further criticism of criminal procedure and a loss of confidence in the system among certain sections of the community.4 LEGAL AID
According to the annual report of the Legal Aid Board for the year ended 31 March 1976, the following figures reflected the development of the Board's operations since its inception in 1971 : Year
Amounts granted by Parliament R
1970-1
1971-2 1972-3 1973-4. 1974-5 ... 1975-6 ... 1976-7 ......
Amounts paid to legal practitioners for the rendering of legal aid R
150000 170000 210000 210000 457000 975000 1 120000
17548 151 143 327006 486 703 774779 Figure not given.
The original grant for the 1977-8 financial year was R1,5 million. This appropriation was reduced, however, in the final budget to R1 million.6 The Board decided on 20 April to curtail its expenditure by temporarily suspending aid for divorce proceedings where no urgency was involved. It was estimated that of all the applications received for legal aid, approximately 70% were in respect of matrimonial matters and approximately 40% thereof were in respect of divorce- proceedings.' According Hansard 12 col. 6451. Hansard 8 cots. 3940-54. Legal Aid Board, Annual Report 31 March 1976, p. 4. * Hansard 19 col. 9355. 7 Hansard 15 col. 1066.
A SURVEY OF RACE RELATIONS, 1977
to the annual report of the Board the following cases were dealt with by the Board throughout the country during the year ended 31 March 1976:8 Number of
Cases resolved Cases referred Cases Refused
applications out of Court to Attorneys Criminal Civil Criminal Civil Criminal Civil Criminal Civil Whites
418
8578
107
2806
people
264
Africans
327
5942
57
1 980
65
1009 16500
229
208
2444
99
2542
1218
149
1959
58
701
204
936
43
2369
4725
561
5339
200
Coloured and Indian
Totals ...
343
5254
A total of 1 202 cases were still under consideration at the end of the financial year. The total of 17 509 applications repre sented an increase of approximately 21,5 % in comparison with the previous year. The following means tests were in use in June 1977. Those with monthly incomes above the figures indicated did not qualify for legal aid from the Board.9
White Coloured or Asian African
Single R
Married R
Addition for each dependent child
140
280
R 25
105 95
210 190
20 15
The Board reported that the relatively small number of applications from Africans in criminal cases was a result of the fact that Africans "are apparently reluctant to accept services free of charge. . the fact that payment out of own pocket for the services of legal practitioners is not required under the Board's scheme apparently arouses suspicion notwithstanding the fact that own choice of practitioner is allowed". 10 The Director reported that the Board had started to advertise its services in all post offices and magistrates' offices. Posters in the main African languages were also being prepared. The Johannesburg Legal Aid Bureau, which operates from an office in Johannesburg, dealt with the following new cases over the period 1976-1977:1" Annual Report p. 10. Information extracted from Board's information sheet. " Annual Report p. 6. 1 According to figures provided by the Bureau.
105
LEGAL AID
Civil Matters
White
1976 1977 (Jan-Sept.)
22 22
Coloured 101 109
African
All Races
Attorney or Counsel Engaged
1 054 786
1177 917
425 325
During 1976 attorneys or counsel were engaged by the bureau to act in 119 criminal matters. Over the period January to September 1977 attorneys or counsel were engaged in 72 criminal matters. During the year the SA Council of Churches through its Asingeni Fund continued to provide extensive legal assistance to individuals (See page 40). The Cape Town Diocese of the Anglican Church established an Emergency Aid Fund in October to assist with bail money, legal defence costs and the maintenance of dependants of breadwinners detained without trial or convicted under security legislation.12 POLICE PERSONNEL
According to figures contained in the annual report of the Commissioner of Police, the following was the establishment of the SA Police Force as at 31 December 1976:1 White 725 Major and above ... Captain ......... 670 Lieutenant ...... 793 Warrant Officer ... 2072 Sergeant .......... 4473 Constable ......... 9076
Black 11 61 27 2751 13 189
17809
16039
In reply to a question in the Assembly, the Minister said that the following numbers of black officers were appointed as at 31 December 1976:2
Indian Coloured African Captain .......... 1 3 6 Lieutenant 8 14 33 Warrant Officer ... 15 8 39 Sergeant ......... 205 315 2289
12 Star.
18 October.
1 RP 45/1977, v.2. 2
Hansard 8 col. 661.
A SURVEY OF RACE RELATIONS, 1977
Mr. David Dalling (PRP) said it was encouraging that blacks were reaching higher rank? The Minister said that as at 31 December there were 11170 white and 2919 black active members of the Reserve Police Force.' The Commissioner of Police, General G. Prinsloo, said in June that black policemen had a key role to play in restoring stability in urban townships and other trouble spots. It was SAP policy to use mostly black police to restore calm to troubled black areas.' From September black police officers were allowed to wear the same uniform as their white counterparts. All other black policemen were to continue wearing different uniforms.6 For details of pay differentials between policemen of different races see the chapter on employment. It was reported in July that police reservist riot control units were to be established throughout the country.7 (See Defence: Civil Defence). It was also announced that policemen were being assigned on three-month tours of duty to patrol the country's borders with Botswana, Rhodesia, Mozambique and Swaziland both to prevent armed infiltration and to stop more people leaving the country for military training. In addition to intensive patrol ling of the borders all police border posts were also reinforced.' Speaking during the Police Vote, Mr. H. Schwartz (PRP) said the distorted image of the policeman as an instrument of authority to be feared was disastrous for a proper relationship between police and the people. He appealed to the Minister to project the image of the policeman as protector. He and other opposition spokesmen called for better pay and working con ditions for the police and for a larger police force.' POLICE AMENDMENT ACT No. 90 OF 1977
The Act inserted a provision in the Police Act, 1958, to make it an offence, unless the authority of the Commissioner of Police is obtained, to make or publish a sketch or photograph of any detainee in police custody until he or she has been finally charged and brought to court. The same provision was applied to witnesses until the trial in which they are appearing has com menced. The penalty for conviction of assaulting a policeman was increased from imprisonment for up to six months (or a fine of up to R200) to imprisonment for up to twelve months without the option of a fine. A person who resists or wilfully obstructs, hinders or interferes with a policeman was made liable, upon conviction, for the same penalty. Penalties for other offences relating to the impersonation of policemen or interference with 3 Rand Daily Mail, 18 March 4 Hansard 2 col. 79. 5 Rand Daily Mail, 3 June
6 Rand Daily Mail, 24 September.
7 Sunday Times, 10 July. 8 Rand Daily Mail, 14 July
9 Hansard 19 col. 9426.
POLICE AMENDMENT ACT
them in the course of their duties were also increased. Amend ments were also made to adjust conditions of service for police men. The minimum period of service in the police force under contract was extended from 12 to 24 months to prevent Deople joining the force in order to avoid military service.1 The UP and the PRP opposed the second reading of the Bill on the grounds that it prevented a judicial officer from exercising his discretion by withdrawing the option of a fine for some offences and because it could infringe on the rights or interests of the Press by prohibiting photographs of prisoners. Mr. Cadman (UP) pointed out that a press photographer could easily commit an offence unknowingly in terms of the Act.' INDEMNITY ACT, No. 13 OF 1977
The Act provided indemnity (against civil or criminal pro ceedings) to the State or its officials in respect of any actions or statements ordered or done by them "in good faith.., to prevent or terminate internal disorder". The Act applied to such actions committed anywhere in SA from 16 June 1976 to the commence ment of the Act (16 March 1977). In the event of any proceedings being instituted against the State or its officers the Act contained a presumption, until the contrary was proved, that the action in question was committed in good faith. Legal proceedings were to lapse immediately the court deemed that they fell within the provisions of the Act. The Act was similar to legislation enacted after Sharpeville in 1960. Professor Dugard, Dean of Law at the University of the Witwatersrand, pointed out that the Act was contrary to the normal legal principle that policemen are held responsible for any unlawful acts they commit. The qualification about acting in good faith was meaningless, he said. "It is very difficult, in most3 cases impossible, to prove that a policeman acted in bad faith." When introducing the Bill the Minister of Police said the right of people to go to court would remain untouched. Mrs. Suzman (PRP) rejected this claim, saying that the onus placed on a claimant would be so difficult that there would be very little likelihood of a successful case against the State.4 The UP agreed with the principle of indemnity but called on the Government to include provision in the Act for compensation of people who suffered injury or damages during unrest.- The Minister of Police said that a statutory body consisting of a judge, an attorney and a magistrate would be set up to provide compensation for those who suffered losses during the 1976 unrest. He refused to include provision for compensation in the Act. 1 Men enrolling in the police force are not liable for military training. 2 Hansard 15 cols. 7195-98. 3 Rand Daily Mail, 22 January. 4 Hansard 2 col. 596. 5 Senate Hansard 2 col. 591.
108
A SURVEY OF RACE RELATIONS, 1977
Mrs. Suzman (PRP) said that a compensation committee was no substitute for a normal court of law, where evidence could be led and the actions of the police examined in contrast to their standing orders, which strictly prohibited a policeman from firing unless his life was in danger or unless he had orders from a superior officer. She challenged the Minister of Police to state whether any command had been given by an officer to fire on students on 16 June 1976. She said that she knew of many cases which, if processed in a court of law, would result in very con siderable compensation being awarded to people. The passing of the Act would cause people to "lose the last remnants of faith that they have in the law courts and justice in S.A.". She moved that the Bill be read "this day six months".6 Dr. van der Walt (NP) said the Bill was necessary for "the authorities to have the assurance in law that they have the full and unconditional support of SA in the prevention, suppression or termination of internal disorder". 7 Mr. C. Eglin (PRP) said that the Minister should have sufficient confidence in the police to allow the courts to adjudicate in cases relating to the unrest.' It was reported in September that a three-man compensation committee under the chairmanship of Mr. Justice Boshoff, appointed by the Minister of Police, had received almost 200 claims for damages resulting from official action during the 1976 unrest. A committee spokesman said 70 people had requested questionnaires to file claims for personal injuries ranging from bruises to gunshot wounds. More than 150 claims had been received for property damage. CONDUCT OF THE POLICE: 1976
According to information provided by the Minister of Police in reply to a question in the Assembly R33 666,62 was paid out during 1976 to members of the public in respect of 39 cases of assault by policemen. A total of R21 483,68 was paid out in respect of 51 complaints of unlawful arrest.' The following num bers of people were shot during 1976 by policemen in the execu tion of their duties, excluding those shot during civil unrest. (Figures in brackets indicate those included in the total figures who were shot while attempting to escape): White Coloured Asian African
Killed Juveniles Adults -- (-) 2 (-() 4 (4) 28 (25) (-) -(--) 165 (133) 3 (2)
Wounded Juveniles A dults 2 (1) i (8) 15 (14) 53 (48) 1 (1) 1 (1) 11 (4) 345 (277)
The following numbers of policemen were convicted during 1976: " 6 Hansard 2 col. 591. 7 Ibid, col. 563.
8 Ibid, cols. 565-7.
9 Hansard 4 col. 391 10 Hansard 9 col. 708.
11 Hansard 9 col. 709.
POLICE CONDUCT
White Common assault ... ....... ...... .... ... 81 Assault with intent to do grievous bodily harm ... 5 Culpable homicide ... ... ... ... . .... . Murder ..............................
3 1
Black 120 19 4 3
Of those convicted, eight had previous convictions. Four of the whites convicted during 1976 and twelve of the blacks were discharged from the force. Only two of those with previous convictions were amongst those discharged. Following the disclosure of the above figures, Mrs. Suzman (PRP) said that whereas in 1975, 102 out of the 134 people shot dead by police were attempting to escape, during 1976, 164 out of 202 people were shot dead while attempting to escape. She said that there was an alarming tendency for these figures to increase and that more attention should be given to ensuring that police men adhere more strictly to their standing instructions."2 Dr. E. Fisher (UP) criticised Mrs. Suzman for giving the impression that the police were "a lot of trigger-happy toughies". He said the police did a remarkable job of work in the most difficult of circumstances."3 According to information compiled by the Institute of Race Relations1 a total of 467 died in Soweto during the 1976 unrest. Inquest results or police reports indicated that 184 of these had died of gunshot wounds and 77 had died as a result of injuries inflicted by others, including hostel dwellers. A total of 206 had died of unknown causes or the results of the inquests into, their deaths had not be published. According to police lists submitted to the Cillie Commission and subsequent press reports, a total of 164 persons were killed during the 1976 civil unrest in the Cape Peninsula. Of these, 36 died during the Christmas unrest in Nyanga,2 13 of whom died as a result of police gunshot wounds and 23 of multiple injuries (mostly resulting from migrant workers' attacks on residents). Of the 128 who died earlier in the year, 108 were shot dead by the police, the cause of death was undetermined in 15 cases and 5 died as a result of action not attributed to the police. The Commissioner of Police stated in his annual report3 that during the year ended 30 June 1976 the following awards were made to policemen: 12Hansard 10, col. 4495. 13 Hansard 7 col. 3290 1 RR 48/1977 "List of those who died during the disturbances in different parts of the country in the latter half of 1976". As amended according to inquest reports. 2 Cape Times, 15 June. 3 Ibid, pp. 1-2.
A SURVEY OF RACE RELATIONS, 1977 White SA Police Star for Distinguished Service ... SA Police Star for Merit SA Police Medal for Faithful Service SA Police Medal for combating terrorism Commendations ..................
Black
6 112 506 ... 1551 ... 16
84 371 190 2
...
PRISONERS IN POLICE CUSTODY
In reply to a question in the Assembly, the Minister of Police said that 117 detainees' had died during 1976 while in police custody. Causes for their deaths are summarised below.' Injuries sustained before arrest Suicide ... ... ... ... ... Natural causes ............. Wounded during arrest, during attempt to escape or while resisting arrest ... ... ... Assault by fellow prisoners ... Injuries-own fault ......... Injuries-policemen convicted of assault as a result ......
Alcoholic poisoning or exces sive use of alcohol ...... Injuries inflicted by police in self defence .... ... ... ... Meningitis ... .... .......... Cerebral haemorrhage ...... Cerebral haemorrhage resulting from high blood pressure ... Subdurnal
haemorrhage -
un
known cause ............. Inquests not completed ......
In March two Coloured SA policemen were found guilty of culpable homicide and intention to commit grievous bodily harm following the death of a prisoner in Rehoboth Police Station, SWA. They admitted that they had assaulted and tor tured their suspects. In defence they claimed that such methods were not uncommon at the Rehoboth Police Station and that their superiors had not objected to what was going on. In passing judgment Mr. Justice Hart said it was high time that the torture of suspects was stopped and he ordered that the court record should be sent to the Chief of Police.6 In January an interim interdict was granted in the Natal Supreme Court to three prisoners in police custody in Newcastle on murder and robbery charges. The men told the court they had been tortured with an electric shock machine. The interdict restrained the Minister of Police, the Attorney-General of Natal and various police officers from assaulting or molesting the prisoners. The interdict was later extended.7 In September two youths of 13 years were wounded by a bullet while being held on housebreaking charges in the Phillippi police cells, Cape Town. One was shot in the eye and the same bullet hit the other youth in the leg. A policeman was suspended and an inquiry was instituted. Charges against the two youths were withdrawn. 8 4 Non-security law detainees. 5 Hansard 5 cols. 456-66 6 BBC Broadcast 11 March; Rand Daily Mail, 16 March. 7 Sunday Express, 23 January; Natal Mercury, 26 February. 8 Cape Times, 23 September.
POLICE CONDUCT THE ROLE OF POLICE DURING UNREST: GENERAL
As a result of reports that police had not worn their identi fication numbers while engaged in riot control duties during 1976, the matter was raised in Parliament. The Minister of Police said in response to a question that police did wear identification numbers as part of their ordinary uniforms but "not when dressed in camouflage uniform, because when employed in anti-riot duties they work under the.immediate supervision of officers".' In reply to another question in the Assembly, the Minister said that men assigned to riot control duties during 1976 had been members of the regular full-time police force. They had been given two to six weeks' training in riot control techniques at the police college, Pretoria, and locally in each division. They had not been issued with protective clothing or equipment because circumstances did not demand it.' It was announced in January that riot police had recently been equipped with new riot control equipment including protective helmets and shields based on those used by overseas police forces.' Mrs. Suzman (PRP) said in the Assembly that if this sort of protective equipment had been provided to the police earlier on, there would have been far fewer fatalities during the 1976 unrest.4 Towards the end of 1976 and during early 1977, numerous newspaper reports appeared giving details of youths who had been blinded or partially blinded as a result of police using bird shot during unrest. A doctor at St. John Eye Hospital at Barag wanath, Soweto, said that the average age of the children he had treated for such injuries was twelve years. Hospital authorities refused to disclose how many children had suffered such injuries. In an interview the Minister of Police said that birdshot was not lethal, maintained the authority of the gun and merely made victims itch for months afterwards.5 In January the SA Medical Association instructed the Ophthalmological Society to investigate the incidence of eye injuries resulting from birdshot. A report was submitted to the Medical Association, who said it would be passed on to the Government and would not be made public.6 Speaking in the Assembly, Mrs. Suzman (PRP) condemned the use of birdshot by the police. She accused the medical profession of being party to a "cdnspiracy of silence... to its eternal shame". As a result it was impossible to report figures for eye injuries in the Transvaal but she had been given figures showing that 30 people suffered eye injuries through birdshot in the Cape alone. Of these, 19 were either totally blinded or suffered very severe loss of vision.' She said she was shocked that the Medical Associ ation had not seen fit to submit the findings of its investigation 1 Hansard 1, cot. 23. 2 Hansard 4, col. 373. 3 Rand Daily Mail, 29 January. 4 Hansard 2 col. 497
5 Sunday Times, 19 February. 6 Daily Dispatch, 16 March. 1 Hansard 19 col. 9396.
A SURVEY OF RACE RELATIONS, 1977
to the Cillie Commission.2 The press pointed out that several youths had actually died as a result of birdshot injuries.3 Dr. C. Viljoen, general secretary of the Medical Association, said that the association did not have substantiated evidence of a single eye injury caused by birdshot.4 As a result of detailed allegations made in the press in November 19761 of indiscriminate shootings and arrests in Soweto and claims by residents that police in camouflage uniforms had terrorised people during unrest in the township, the police opened an investigation. In January the Commissioner of Police said the investigation had been unable to substantiate the claims and the matter was closed.6 Speaking in the Assembly, Mrs. Suzman (PRP) said she had obtained many statements and affidavits from people who had not been engaged in rioting at all and against whom the police had acted in Soweto. She referred to widespread allegations con cerning policemen firing from cars at passers-by. She had know ledge of a young man of 20 who was killed through such action and eight young boys who were shot at while playing football. The Minister of Police accused the PRP of repeating "horror stories". I In February the matter of police conduct was raised in committee at the Catholic Bishops' Conference. Rev. Scholten, secretary-general of the Conference, said that through informa tion supplied by the conference's 31 bishops there was "clear and irrefutable evidence" of police brutality during unrest throughout the country.' The bishops issued a statement in which they said the evidence concerned "seemingly systematic beatings and unjus tifiable shootings during disturbances and cold-blooded torture of detained persons". The Commissioner of Police said that police would ask the bishops for their evidence and investigate.' POLICE CONDUCT: DECEMBER UNREST IN CAPE PENINSULA
In January a group of churchmen in the Cape Peninsula, the Ministers Fraternal of Langa, Guguletu and Nyanga, pub lished a booklet entitled "The Role of the Riot Police in the Burnings and Killings in Nyanga, Christmas, 1976". Copies of khe document, which was subsequently banned, were sent to Members of Parliament. In April Rev. David Russell, assistant secretary of the Ministers Fraternal, published another document, "The Riot Police and the Suppression of Truth" and sent copies to Members of Parliament. The documents were reported to have consisted of eyewitness statements concerning events in Nyanga 2 Sunday Express, 12 June.
6 Sunday Express, 23 January.
3 Star, 8 June.
7 Hansard 2 col. 585.
4 Star, 7 June. 5 Sunday Express, 21 November 1976.
8 Rand Daily Mail, 12 February
9 Star, 14 February.
POLICE CONDUCT
during the December unrest and the role played by the police.' Following the appearance of the second report UP and PRP spokesmen called for a judicial investigation into alleged police brutality during the unrest.' The second report was also banned. In June the Cillie Commission of Inquiry returned to Cape Town to hear evidence regarding the events in Nyanga during December 1976. Evidence was given by 25 Nyanga residents, policemen and hostel dwellers (migrant workers).3 Mr. Oscar Mpetha, chairman of the Nyanga Residents' Action Committee, outlined the events on 26 December and claimed that without police intervention there would have been fewer deaths during the unrest. He and others alleged that the police had encouraged the migrant workers to attack residents of Nyanga. According to official figures submitted to the Commission, 36 people were killed during the Christmas riots. Of these, 13 were killed by police action and the rest were fatally wounded by axes, stones and other objects. Mrs. M. Sikuana (64) told the Commission she had been shot by a policeman while in her own garden without being given any warning. Mr. G. Ndesi alleged that the police had unnecessarily fired shots after having dispersed residents on 26 December. Mr. Z. Damane and Mr. N. Mutlane both gave detailed evidence concerning an allegation that policemen had refused to prevent hostel dwellers from attacking Mr. Damane and refused to transport him to hospital after the attack. They both alleged that the hostel dwellers who attacked Mr. Damane had been running through the streets in front of a police van. A Nyanga mother alleged that on 26 December a police van had driven past her without stopping while she was being attacked by migrant workers. Mr. Longman Tono told the Commission that on the same day he had seen police remove his neighbour from his house and hand him over to three hostel dwellers. They had beaten him in the presence of the police until he had "stopped screaming". Mr. A. Ndamande alleged that he had seen police take another man out of his house and throw him towards a group of migrants, who assaulted him. He had tried to help the man, he said, but the police had fired at him and wounded his arm. His house was set alight by migrants in the presence of the police, he said. Another witness, Mr. Dyani, also testified that he had seen a man dragged out of his house by policemen and handed to the migrants. The man had suffered serious injuries. One woman testified that her mother was beaten up in the presence of the police. Her mother had died the following day. Numerous allegations were made concerning the manner in which police 1 Rand Daily Mail, 20 April. Rev. Russell was sentenced to three months' imprisonment in February for refusing to divulge the names of three people who made statements to him. He appealed successfully against this conviction. 2 Rand Daily Mail, 19 April.
3 Detailed evidence is contained in Cape Times reports 15 June-I July.
A SURVEY OF RACE RELATIONS, 1977
were alleged to have incited and assisted the migrants in attacking the township residents. Police gave evidence and denied that they had in any way instigated the migrants against the residents. Migrants gave evidence supporting this. Their attack had been provoked by attacks on them by youths from the township, they said. Captain Q. Visser testified that no evidence of police helping or inciting the migrants in their attacks on residents had been found in an investigation headed by him. At the time of going to press the findings of the Cillie Commission were not yet reported. POLICE CONDUCT: 1977 UNREST
During the year the police dealt with numerous incidents of unrest in townships throughout the country. (See Chapter on Unrest). Tear gas and other new equipment was used successfully on numerous occasions to disperse crowds and firearms were not used as extensively as during 1976. However, residents and com munity organisations, particularly in Soweto, accused the police of promoting unnecessary conflict with students and of frightening them out of their schools. In September a group of Soweto mothers held a meeting with Brig. Visser, in charge of police operations in the township, and requested that the police should withdraw from schools. The Brigadier said he could give no such undertaking and stated that certain school principals and parents had requested the police to protect schoolchildren from intimi dators. Many conflicts between police and Soweto residents occurred during the year when crowds gathered at funerals or memorial services. Church leaders strongly condemned the manner in which police stormed into the churches while services were in progress and attacked mourners. The conduct of the police in Soweto was again called into question when they prevented mourners from travelling to the funeral of Mr. Steve Biko. Among those assaulted during police action were Mrs. Leah Tutu, wife of the bishop of Lesotho, and the Rev. W. Moalusi (71), who had to receive medical attention.4 Allegations of police brutality were strongly denied by Brig. Visser. The police said that they were being investigated. The SA Institute of Race Relations and other bodies made representa tions to the Minister of Police calling for a full enquiry. The African Methodist Episcopal Church instituted legal action against the Minister of Police as a result of the assaults on the Rev. Moalusi.5 POLICE CASUALTIES
During 1976 ten policemen were killed and 133 injured in the execution of their duties, according to figures provided by Sunday Express, 25 September. 5 Rand Daily Mail, 28 September. 4
POLICE CONDUCT
115
the Minister of Police. These did not include those killed or injured in vehicle accidents or outside the Republic.1 During the year under review a number of attacks were made on African policemen or their property. In September Sergeant L. Nkosi of the security police was killed by gunfire at his home in Natal. It was reported that the ANC had ordered his execution.2 Two off-duty policemen were attacked and killed in Mdantsane on 25 September by crowds returning from the funeral of Steve Biko. This violent action was deplored by com munity leaders and newspapers throughout the country.3 Two student constables were clubbed to death in October by a crowd in Katlehong township near Germiston PRISONS EXPENDITURE ON PRISONERS
According to the Minister of Public Works, the estimated annual cost per prisoner in respect of capital expenditure and essential services for the Department of Prisons, was R3 500 for communal wards and R5 500-R6 000 for single wards.1 The Mini ster of Prisons said that the unit cost per prisoner per day for all races was R12,27 excluding capital expenditure.2 PERSONNEL
The Commissioner of Prisons, General du Preez, said that the Department of Prisons was moving away from all forms of racial discrimination. No ceiling to advancement was placed on black officers. He pointed out that two prisons in the Western Cape, Pollsmoor and Victor Verster, were commanded by Coloured officers.' In his annual report the Commissioner said that the De partment had proceeded with the preparation of African staff members for key posts in the homeland prisons.' It was revealed in July that 40% of the Department's white warders were under the age of 20. One of the most serious problems experienced by the Department was its high turn-over of staff. In June 1976 the Department's staff complement was 14 002 and of these 2 216 had left by the end of the year.5 During the year ended 30 June 1976 the Medal for Faithful service in the Department was 6 awarded to 175 members and the Medal for Merit to 34 members. CONDITIONS IN PRISONS
The Commissioner of Prisons stated that equal facilities for all prisoners, irrespective of race, were being introduced. Although white and African prisoners still received different food rations, 1 Hansard
8 col. 637. 2 Rand Daily Mail, 12 September. 3 Daily Dispatch, 27 September 4 Star, 17 October. 1 Hansard 17 col. 1170.
2 Hansard 14 col. 1056. 3 Star, 10 June. 4 RP 46/77, p. 4. 5 Rand Daily Mail, 20 July. 6 RP 46/77, p. 4.
116
A SURVEY OF RACE RELATIONS, 1977
steps were being taken to change this. He said that in the past it had been impossible to provide beds for all white and black prisoners but that beds would be provided in all new prisons.' In July, the director of NICRO, Mr. R. Grazer, called for a thorough and impartial investigation of the country's prison system. He said it had been unfortunate that the Viljoen Commission had not been able to investigate this fully. The ineffective rehabilitative role of imprisonment was reflected in the fact that more than 60 % of all released offenders were reconvicted.8 A Commission of Enquiry was appointed to investigate a series of disturbances at Zonderwater prison during April which culminated in prisoners starting a fire. Reasons for the unrest were not supplied to the press.9 In May an escaped prisoner from Zonderwater white prison made allegations in court regarding conditions in prison. He said that prison officials stole and senior officers hit and kicked prisoners brutally. He alleged that solitary confinement was imposed for petty offences, rehabilitation treatment was a bluff and prisoners were made to eat on the floor and were not given enough blankets. 10 The Department of Prisons announced that the matter would be investigated. A spokesman for the Department said that magistrates and judges could visit prisons at any time to investigate conditions. In June the Minister of Prisons told the Assembly that from January 1976 to January 1977, 52 judges, 269 magistrates, 112 foreigners, 641 local visitors and 21 MP's and senators had visited the country's prisons. 1 Early in the year the International Red Cross sent its report on prison conditions in SA to the Government. By agreement the report was not made public but Members of Parliament were allowed to read it. Red Cross representatives had access to pre ventive detention detainees 2 but not to those detained in terms of other security laws. In May the International Committee of the Red Cross revealed that the Minister of Justice agreed to allow visits to political detainees if a magistrate was present. The offer was rejected by the ICRC which does not see prisoners in the presence of a third party because this would not allow total confidence.' 3 AMENDMENT TO PRISON REGULATIONS
In terms of a notice gazetted in June' it was made an offence in terms of prison regulations for a warder to assault a prisoner. Until then such assaults were not included among the 33 offences 7 Star, 10 June. 8 Sunday Tribune, 31 July. 9 Sunday Times, I May. 10 Natal Mercury, 20 May. 11 Rand Daily Mail, 8 June.
12 In terms of Internal Security Act, Section 10. 13 Rand Daily Mail, 2 May.
14 G.N. 968 Gazette 5575, 3 June.
PRISONS
for which warders could be punished unless they were deemed to be prejudicial to the administration, discipline and efficiency of the Prisons Department. PRISON LABOUR
In reply to a question in the Assembly, the Minister of Prisons stated that during the period 1 July 1975 to 30 June 1976, 4 233 800 work days were spent by prisoners on hire to private persons including farmers. This practice occurred at all prisons where "suitable" black prisoners were available, excluding security prisons. The following tariffs were charged:'
Urban Areas .......... Urban Areas further than 8 km from prison ... Country Areas ..........
With Prison Guard Weekdays Saturdays 1,90 1,00 1,80 1,50
0,90 0,80
Employer's Guard Weekdays Saturdays 0,70 0,40 0,60 0,42
0,30 0,24
The Minister said that the prisoners themselves received no pay for their labour. Mr. Horace van Rensburg (PRP) urged that the Minister should allow the payments to accrue to the prisoners and held in trust for them awaiting their discharge. This would greatly assist prisoners in returning to society. He objected to the fact that only black prisoners were hired out as labourers.2 SOCIAL WORK AND SPIRITUAL CARE
In reply to a question in the Assembly, the Minister of Prisons said that it was policy that "representatives of each racial group provide the necessary internal social work services in the prison to their own racial group". He said that due to a shortage of such qualified persons, the services were supplemented by white social workers. African and Coloured service members were being trained as auxiliary social workers. Social work services for awaiting trial prisoners were the responsibility of the Departments of Bantu Administration and Development, Coloured Affairs and Indian Affairs? In an interview in May the Commissioner of Prisons said that the "spiritual welfare" of prisoners was cared for by 7 full time and 941 part-time religious workers representing 47 denomi nations in the country's 255 prison institutions.4 PRISONS AMENDMENT ACT, No. 88 OF 1977
The Act prohibited the publication of writings, statements, life stories or biographical sketches of prisoners if the material concerned was not admitted in evidence at their trials or authorised 1 Hansard 19 col. 1268.
Star, 9 June. -Hansard19 col. 1258. 4 Star, 23 May. 2
A SURVEY OF RACE RELATIONS, 1977
by the Commissioner of Prisons. It also prohibited the giving or receiving of any remuneration or benefit in respect of the publica tion or disclosure of any of the above. The amendments relaxed the provisions which prohibited photographing of prisoners to allow photographs to be taken at court at the time of appearance of prisoners. Photographs taken of a prisoner before his arrest can also be published within 30 days after the date on which a prisoner was acquitted or convicted. The Act made various other minor amendments. (See Police Amendment Act for similar measures.) ROBBEN ISLAND
In December 1976 the Cape Town Supreme Court set aside a conviction and sentence imposed on a Robben Island prisoner, Mr. Petrus Motsau, by the presiding officer of the officer's court at Robben Island. Mr. Motsau had been sentenced to 10 days' solitary confinement on a spare diet for contravening a prison regulation. Mr. Justice Grosskopf found that the presiding officer had exercised his powers "in a clearly excessive manner".' In February Amnesty International alleged that prison warders using guard dogs had recently assaulted prisoners at Robben Island's lime quarry. Responding to the allegations, the Minister of Prisons said that no prisoner's life was in danger because of wrongful assault. He said that on 25 January warders had been instructed to use dogs to speed up prisoners' work. "No dog was turned loose and no prisoner was bitten by a dog." He said that one prisoner had sustained slight injuries and had laid a complaint of assault which was being processed by the Attorney-General's office. In March ten Robben Island prisoners2 applied to the Cape Town Supreme Court for an order directing the Commissioner of Prisons to allow them to consult lawyers about alleged assaults on 20 January in which dogs were turned on them. The com manding officer of the prison had refused them permission. In opposing the application, the attorney for the Minister of Prisons filed a report by the district surgeon, Dr. K. Biesot, who had examined the prisoners on 20 January. He said that no wounds on the prisoners corresponded with dog bites or scratches. The matter was resumed in August and Mr. Justice Vos found that the Commissioner of Prisons had not exercised his discretion properly when he refused the prisoners access to their lawyers. He set the decision aside and referred the matter back to the Commissioner "for the proper exercise of his discretion". Nine of the ten prisoners were charged in terms of the Prisons Act for refusing to obey a command to work on the island's lime quarries. According to evidence, after working in the quarries 1 Daily Dispatch, 14 December 1976. 2 S. Cooper, M. Mokoape, S. Moodley, B. Gonsalves, R. Knight, G. Sedibe, J. Plaatjies, 0. Stuurman, M. Myeza and J. Stuurman.
PRISONS
for four days the nine were unwilling to continue under new conditions imposed by a particular warder. They were then ordered to do so by the prison's commanding officer. They refused on the grounds that the new working conditions were dangerous. In his judgment the magistrate, Mr. Van Graan, accepted defence evidence on working conditions in the mine. He found that the order for them to work under the conditions imposed was un reasonable and acquitted the prisoners.' On 25 April 25 local and foreign journalists visited Robben Island at the invitation of the Prisons Department. On the day of the visit Mr. Kruger, Minister of Prisons, issued a statement explaining that the journalists would be given an opportunity "to test for themselves the true treatment and circumstances of the prisoners". The journalists were allowed to see all parts of the prison but were not allowed to speak to any prisoners during their visit. Neither the journalists nor the media they represented had been given advance warning that they were going to Robben Island. As a result most reporters emphasised in their subsequent reports that they gained only general impressions of conditions and treatment. The main facts that emerged in the numerous subsequent reports are summarised as follows:4 The prison population at that time was 370; of whom 32 had been sentenced to life imprisonment; Africans numbered 345, Coloured 13, and Asians 12. The total capacity of the prison was 650. Thirteen of the prisoners slept on beds for medical reasons and the rest on sisal and felt mats. During 1976, 87 prisoners registered for university degree courses and 62 passed their examinations; 42 entered for the Senior Certificate, and 18 passed; 79 entered for Junior Certificate and 27 passed. Thirty prisoners occupied single cells while the rest were accommodated in dormitory cells of 35 each. Officials explained that the thirty older prisoners were kept apart to prevent their influencing other prisoners. Medical facilities at the prison were reported to have been of a high standard. Recreational facilities, food, and ablution facilities were also reported to be good. Authorities said that since 1965, 17 prisoners had died on the island-all of natural causes. "In the interest of security" lights in all the prisoners' cells stay on throughout the night, every night. The journalists were not allowed to view the prison's solitary confinement cells, the island's lime quarry nor its seaweed factory. Officials said the seaweed factory had closed down and the lime quarry was only worked on rare occasions. All reports on the press visit to Robben Island were required to be vetted by the Prisons Depart ment. 3 Daily Dispatch, 31 March. 4 Reports from Cape Times, 27 April, Rand Rally Mail, 27 April; Daily Dispatch, 27 April; Sunday Express, 1 May; Sunday Times, 1 May.
120
A SURVEY OF RACE RELATIONS, 1977
It was reported in June that Mr. S. R. Maharaj, a released prisoner who had spent 12 years on Robben Island, had laid a complaint with the Press Council against several newspapers relating to their reports resulting from the press tour of Robben Island, alleging distortions, misrepresentations, factual inaccura cies, omissions and misleading captions in various articles.' The application to hear the complaint was turned down because it had not been made within the required period of ten days after the publication of the articles.6 READING MATERIAL
In August eight political prisoners held in the Pretoria Central Prison' brought an application to the Supreme Court requesting a judicial order allowing them to receive newspapers, magazines and journals of their own choice or on the same basis as non-political prisoners, to write and receive letters uncensored except in as much as the security of the prison is concerned and to have conversations with visitors which are unrestricted save where prison security is involved. In a lengthy affidavit before the court, Denis Goldberg described how the applicants did not have contact with any other group of prisoners. They did not receive any newspapers, news periodicals or journals available to the public. The restricted amount of magazines they did receive, as well as all their letters and all conversations during their visits, were strictly censored to exclude all reference to contemporary events, even those of a wholly non-political nature. The applicants submitted that this censorship constituted "cruel, inhuman and unnecessarily harsh punishment and double deprivation adding excessively to the loss of liberty inherent in imprisonment, and is tantamount to psycho logical mistreatment of the applicants, producing as it does an effect of alienation and disorientation in regard to the world outside of the prison. It adversely affects the quality of our relations with family and friends..." Goldberg emphasised that since his imprisonment in 1964 he had raised the matters complained of with officials at all levels, including the Prime Minister. Official attitude remained unaltered. In a replying affidavit Brig. G. Nieuwoudt of the Prisons Depart ment admitted most of the facts of the prisoners' affidavit but said they were asking for privileges not rights. Mr. Justice Cur lewis dismissed the application saying that he did not consider news media to be necessities of life. He said that the Commissioner of Prisons was given the power to differentiate between different 5 Sunday Express, 5 June. 6 Daily Dispatch, 16 June. 1 D. Goldberg, I. Kitson, J. Matthews, A. Moumbaris, R. Sutmer, D. Rabkin, J. Cronin and
A. Holiday.
PRISONS
categories of prisoners. He was not satisfied that the Prisons Act created a right to news access. Denial of news media was part of a prisoner's loss of freedom, he said.' The Department of Prisons announced at the end of November that in future political prisoners would no longer be allowed to study beyond matriculation level. Prisoners currently engaged in post matric studies would be allowed to complete their courses. The Department's chief liaison officer also revealed that plans were under way for political prisoners to be allowed radio news bulletins, to receive more family letters and to have longer family visits. He said that library facilities for such prisoners had also been extended. COMPASSIONATE RELEASE
In March relatives of Jeremy Cronin, who was jailed for seven years in September 1976 in terms of the Terrorism Act, applied for permission for him to visit his wife who was dying of a brain tumour. Mrs. Cronin died before permission was granted. Subsequently, a prisons department spokesman said that the appli cation was delayed because it did not seem to require immediate attention. Mr. Cronin was also refused permission to attend his wife's cremation.3 CALLS FOR THE RELEASE OF POLITICAL PRISONERS
In May the Minister of Foreign Affairs revealed in the Assembly that representations had been made by the Government of Transkei for the release of certain Transkeians serving sen tences on Robben Island. The Minister said that the requests could not be acceded to.4 In April a motion was passed in the Transkei National Assembly demanding the immediate release of all political leaders on Robben Island. 5 At a press conference after the press visit to Robben Island, the Minister of Justice stated that under no circumstances would the Government grant remissions on sentences of people convicted for crimes involving state security. He said that he was considering International Red Cross representations that island prisoners should be allowed to listen to radios and read newspapers.'
2 Rand Daily Mail, 5, 6 August. 3 Star, 25 March; Rand Daily Mail, 24 March
4 17 May. Hansard 16 col. 1122. 5 Daily Dispatch, 28 April. 6 Daily Dispatch, 27 April. See chapter on SWA/Naimbia for details relating to political prisoners from that territory.
ADMINISTRATION OF SECURITY LEGISLATION GENERAL
During the year under review the Government made wide use of the extraordinary powers granted to it in terms of security legislation. Large numbers of persons, mostly black, were detained without trial during the year, the prohibition of open-air meetings remained in force, a number of new banning orders were issued and numerous prosecutions in terms of security legislation were instituted. In October the Government banned 18 organizations and three publications in terms of the Internal Security Act. About 50 black community leaders were placed in preventive detention. LEGISLATION
The only legislation relating to security that was promul gated during the year was the Explosives Act (No. 101 of 1977). In terms of the amendments introduced it was made an offence to threaten, or falsely allege that another person intends to cause a dangerous explosion, or to communicate false information re garding any explosion or attempted explosion. Persons found guilty of such offences were made liable to imprisonment without the option of a fine for a period of not less than three years and not more than fifteen years. GENERAL MATTERS RELATING TO SECURITY LEGISLATION
In August, the Minister of' Police extended the application of the preventive detention clauses of the Internal Security Act for a second year.1 The clauses were first applied in August 1976. Mrs. H. Suzman MP accused the Minister of "an unjustified act of intimidation" in extending the provisions.' During the second half of the year emergency regulations were proclaimed for three homelands; the Ciskei, Venda and BophuthaTswana, giving powers to detain without trial, prohibit meetings and restrict movement. (See chapters on Homelands for details.) The Transkei Assembly passed a Public Security Act during the year which incorporated detention without trial pro visions and paralleled S.A. legislation in many respects. (See chap ter on Transkei for details.) 1 Proclamation 170, Gazette 5708, 5 August. The Internal Security Act amends and replaces the Suppression of Communism Act? Details are given in the 1976 Survey, pp. 44-48. 2 Star, 11 August.
SECURITY LEGISLATION
In July the Deputy Minister of the Interior, Mr. Le Grange, suggested that the government was considering a revision and consolidation of security legislation. It was possible that in some areas the consolidated measures might be extended to deal "with new trends in the security situation." The press speculated that the Parliamentary Commission on Internal Security could be the body to consider and make recommendations for such con solidation." The Prime Minister, in reply to a question in the Assembly, said that the Parliamentary Internal Security Com mission would not be appointed before the Cillie Commission had completed its enquiry. 4 PROHIBITION OF GATHERINGS
The ban on outdoor meetings, except those of a bona fide sporting nature, was maintained throughout the year.' A blanket ban on all gatherings, except religious meetings, in the vicinity of the Johannesburg City Hall was extended for a further two years in September. During the year various individual indoor meetings were banned. Meetings to commemorate 16 June were banned in various parts of the country. Special conditions were imposed on a 24-hour vigil at St. Mary's Cathedral, Johannesburg. The Minister of Police requested the Bishop of Johannesburg not to allow laymen to make speeches or prayers during the vigil. Various black and white speakers were scheduled to address the congregation. ' Various meetings to protest against the death in detention of Mr. Steve Biko were banned.4 Two consecutive public meetings, called by the Committee of Ten in Soweto to discuss its blueprint, were banned during July. RESTRICTION ORDERS ON PERSONS
In reply to a question in the Assembly, the Minister of Police provided the following information relating to restriction orders in terms of the Internal Security Act during 1976:1 3 Star, 20 July. 4 iansard 2 col. 128.
1 G.N. 2588 of 31 December 1976 extended the ban to 31 March 1977. G.N. 549 of 31 March 1977 extended the ban to 30 September 1977. G.N. 2041 of 30 September 1977 extended the ban to 31 March 1978. 2 G.N. 1933 of 23 September. 3 Rand Daily Mail. 16 June. 4 Natal Mer'cnry, 24 September; Rand Daily Mail, 21 October. 1
Hansard
col. 83.
A SURVEY OF RACE RELATIONS, 1977
Section Section 5 (1) (e) 9(1) Orders operative on 31 December 1976 24 122 Of these, the number renewed ...... 8 13 Orders issued during 1976 ......... 7 43 Orders withdrawn during 1976 ...... 4 Orders expired during 1976 ......... 2 26 Of these, the number renewed ...... 3 Of the total number of notices renewed in 1976, 9 had pre viously been renewed once, 11 twice and one three times. Bannings during 1977 Mr. S. R. "Mac" Maharaj (40) was released from Robben Island in December 1976 after 12 years in prison. He was immedi ately served with a five year restriction and house arrest order.I Six of the persons released from preventive detention in December 1976 were immediately served with banning orders. Mr. Mohammed Timol, amongst those banned was also placed under house arrest. The others banned were Mr. Govin Reddy, Mrs. Winnie Mandela, Mr. George Sithole, Miss Tenjiwe Mtintso and Mr. Rachid Meer. Mr. Reddy was later refused permission to resume his duties as a research officer for the SA Institute of Race Relations. In February Mr. Alan Andarem, a voluntary social worker among squatter communities in the Cape Peninsula, was banned. In April Mrs. Nosidima Pityana was served with a banning and house arrest order. Her husband, Barney, former secretary-general of SASO, was placed under house arrest in 1974. Dr. Richard Turner, banned in 1973, was prevented by his order from leaving Durban in April to take up a study fellowship in Germany. Mrs. Jane Phakathi, banned former regional director of the Christian Institute and member of the BPA, fled SA in May with her nine year old son and was later reported to be in London. In April, Dr. Mamphela Ramphele,' superintendent at BCP's Zanempilo Clinic near King William's Town, was served with a banning order. The order restricted her to Tzaneen in the North Eastern Transvaal but she returned to the clinic when inaccuracies were found in her order. Ten days later she was served with a corrected order. It was reported that she was continuing to do community medicine work in the Tzaneen area. Mr. Mxolisi Mvomvo and Mr. Tembani Phantsi,4 two black consciousness organizers in the Eastern Cape, as well as Mr. Thami Zani, BPC publicity secretary, were also banned. SASO president Mr. Mon Daily News, 18 December 1976. 3 Dr. Ramphele was detained during 1976 while acting for the Mohapi family in medical examinations for the inquest of Mr. Mapetla Mohapi. 4 Mr. Phantsi, who spent 501 days in detention over 1975-76, was banished to Graaff-Reinet. 2
BANNING ORDERS
gezi Stofile and permanent organizer, Mr. Silomko Sokupha, were banned in May. Mrs. Thoko Mpumlwana, editor of BCP's Black Review, was also banned in King William's Town. In May Mrs. Winnie Mandela, living in Soweto under her banning order, was served with a new order restricting her to Brandfort in the OFS. On the day of her banning police raided her home and loaded all her belongings on a truck to be trans ported to Brandfort. The house she and her daughter, Zinzi, were allocated in Brandfort township, was without electricity, running water, a bath or a stove. The Minister of Police stated that Mrs. Mandela would be given a monthly subsidy of R100, in Brandfort. It was reported that Mrs. Mandela was kept under continual police scrutiny. The banishment of Mrs. Mandela was widely con demned within S.A. Mr. Walter Mondale, US Vice-President, raised the matter with Mr. Vorster during their meeting in Vienna. In a subsequent interview Mr. Vorster said that Mrs. Mandela was welcome to stay in Swaziland or Transkei if she wanted to. Mr. Phindile Mfeti, former trade unionist, was released from detention in May after being held for just over a year and was immediately banned. In June Rev. Smangaliso Mkhatshwa, secretary of the Southern African Catholic Bishops' Conference, was banned. Archbishop Fitzgerald, president of the Conference, said that acts such as the banning hampered the work of the church in S.A. He condemned the manner in which Father Mkha tshwa was restricted to Mabopane East near Pretoria and was forced to live in a house without services or furniture. 1 Mr. Moses Bhengu, a trade unionist previously banned from 1971 to 1976, was detained in December 1975 in connection with investigations relating to the Pietermaritzburg ANC trial. He gave evidence for the State in the trial in September 1976 and was kept in detention. He was finally released in August 1977 and served with a five year banning order. In September Mr. Robert Sobukwe was given permission in terms of his banning order to be admitted to the Groote Schuur hospital in Cape Town. He was reported to be receiving treat ment for cancer. On 19 October as part of the Government's clampdown on various black and multi-racial organizations, the following persons were banned: Mr. Donald Woods, editor of the Daily Dispatch, Dr. C. F. Beyers-Naud6, director of the Christian Institute (CI), Rev. Theo Kotze, Cape regional director of the CI, Mr. Brian Brown, administrative director of the CI, Mr. Cedric Mayson, 1 Rand Daily Mail, 22 June.
A SURVEY OF RACE RELATIONS, 1977
editor of the CI magazine, Pro Veritate, Mr. Peter Randall, head of Raven Press and former director of the Spro-Cas project and Rev. David Russell, an Anglican priest from Cape Town. On 14 November Mr. Brian Walker, personal adviser to the Chief Minister of Lebowa, was banned and subsequently left the country. As at the end of November, 49 white persons and 119 black persons were under restriction orders.' Prosecutions in terms of banning orders In April Miss Jenny Curtis and Miss Sheila Weinberg were charged with contravening their banning orders when Miss Wein berg had lunch at the house where Miss Curtis lived. Miss Wein berg denied she had communicated with Miss Curtis in any way. The hearing was postponed to 13 June. In the interim Miss Curtis left the country for Botswana.' When the trial resumed a warrant was issued for her arrest. The court ruled that although Miss Weinberg had not communicated with Miss Curtis, she had con travened her order by having lunch with another person in the house. The magistrate found that lunch for two constituted a social gathering. Miss Weinberg was sentenced to nine month's imprisonment, suspended for three years. Lawyers said that the magistrate's interpretation of the law implied that a restricted per son is condemned to a life of virtual isolation by not being able to meet other individuals.4 Miss Weinberg lodged an appeal against her conviction. Prof. Dugard, Dean of Law at the University of the Witwatersrand, said the judgement meant that "a banned per son is in some respects less free than an imprisoned person who may at least communicate with his fellow prisoners and warders." 5 In June charges of contravening her restriction order were brought against Mrs. Mandela. In July she was again arrested and charged with contravening her banning order. Finally in September Mrs. Mandela appeared in court to face seven charges of contravening her banning order. She pleaded not guilty to all charges. On 6 September Mr. Nelson Mandela, imprisoned on Robben Island, was granted an interdict in the Bloemfontein Supreme Court preventing two security policemen from interfering with visitors to his daughter, Zinzi. Mr. Justice De Wet ruled that the legislature could not have intended that restrictions placed on a person would also apply to a child living with the restricted person. Mr. Mandela was granted costs against the security policemen. 2 G.N. 1518 of 5 August and G.N. 2499 of 9 December. 3 Miss Curtis left the country with Mr. Marius Schoon, banned former political prisoner. They were married previous to their leaving the country. 4 Star, 15 June. Previously a "social gathering" had been understood to mean a gathering of at least three people. 5 Rand Daily Mail, 17 June.
BANNING ORDERS
Four women, Mrs. Ilona Kleinschmidt, Mrs. Helen Joseph, Mrs. Barbara Waite and Mrs. Jackie Bosman, were subpoenaed to answer questions relating to alleged visits to Mrs. Mandela. They all refused and were sentenced to periods of imprisonment against which they instituted appeals. When Mrs. Mandela's trial resumed, two charges of receiv ing visitors were withdrawn. Mr. Bizos, for Mrs. Mandela, sug gested to Sgt. Prinsloo, one of the policemen against whom Mr. Mandela had gained an interdict, that he had done everything possible to harass Mrs. Mandela since 22 May. Sgt. Prinsloo said he was only doing his duty as he saw it. The case was adjourned until 17 January 1978. In March Mr. Steve Biko was charged with two counts of contravening his restriction orders. His case was remanded and he was placed in security detention and subsequently released. In July Mr. Biko, Dr. Mamphela Ramphele and Miss Thenjiwe Mtintso were arrested at Mr. Biko's house near King William's Town and charged with contravening their restriction orders. Dr. Ramphele and Miss Mtintso were in King William's Town to attend the inquest into the death of Mr. Mohapi. The case was remanded and the three were allowed out on bail. Following Mr. Biko's death, the outcome of the case against the other two ac cused was not reported. Prosecutions for contravening banning orders were instituted during the year against several other banned persons. BANISHMENT AND REMOVAL ORDERS
In reply to a question in the Assembly the Minister of Bantu Administration and Development said that during 1976 two per sons, Ngoza Mvelase and Ntsikelelo Magwanya, had been served with removal orders in terms of the Bantu Administration Act. They were moved from Msinga to Port Shepstone and from Zwelitsha to Mdantsane respectively.1 It was reported in March that the Department of Bantu Administration and Development was reviewing the case of Chief Laynas Mashile who in 1962 was banished from Bushbuckridge in the Eastern Transvaal to Lady Frere, incorporated in 1976 into the Transkei.' The Government was reported to have indicated that it was willing to repatriate him on condition that he gave up his chieftainship and moved to Lebowa under another chief. This he refused. In the meantime Government officials demolished the house built by the chief's tribe for his wife. His wife and children were left without shelter for three days until the chief's brother accommodated them in his home.' 1 Hansard 10, col. 782. 2 Chief Mashile was the only remaining exile out of 130 people, mostly chieftains and headmen, who were banished during the early 1960s to remote areas because of their opposition to Government policy. 3 Sunday Tribune, 13 and 20 March.
A SURVEY OF RACE RELATIONS, 1977
Chief Mashile reported that the Transkei Minister of Justice, Chief George Matanzima, had interviewed him and suggested that he give up his chieftainship and become a Transkei citizen. His banishment order would then be withdrawn. Chief Mashile re fused. TRAVEL DOCUMENTS
The following statistics in regard to travel documents were contained in the report of the Department of the Interior for 1976.1
During that year: 211 014 passports were issued, 109 refused and 21 withdrawn. 4 335 other travel documents were issued and 26 refused. 4 431 exit permits and 3 permanent exit permits were issued. 222 803 visas were issued.2 468 deportation orders were issued. 146 persons renounced and 40 were deprived of SA citizen ship. 869 applications for SA citizenship were refused and 4 001 were approved. Mr. Toine Eggenhuizen, a former Catholic priest, was de ported from the country in November 1976. Mr. Dan Matsobane who had worked with him on a report on migrant labour was detained soon afterwards.' Professor Wolfgang Thomas, director of the Institute for Social Development at the University of the Western Cape was arrested and deported in March. Professor Thomas first settled in S.A. from Germany in 1955. During the mid-1960's he had applied for, but was refused, SA citizenship. The matter of his deportation was raised in Parliament by opposition speakers. In reply to a question the Minister of the Interior confirmed the deportation but refused to make a statement on the matter.4 Mr. De Villiers (PRP) said that the action would "confirm the suspicion that the Government cannot tolerate criticism and does not scruple to rid itself of those who embarass it openly and legitimately". 5 Prof. Thomas was involved in community work and research on squatters and took an interest in events in Nambia. He also lectured at three Cape universities. The German Embassy re quested reasons for the deportation which were conveyed to the German government, in confidence. In April security police raided the office of Father D. Scholten secretary-general of the Catholic Bishop's Conference and detained him for a short period. He was charged with distri buting a banned publication and his passport was confiscated. 1 R.P. 19/1977
Citizens of certain countries do not require visas to visit S.A. Star, 29 February. 4 Hansard 7 col. 586. 5 Rand Daily Mail, 9 March.
2 3
TRAVEL DOCUMENTS
129
In June Rev. Theo Kotze, director of the Christian Institute in the Cape, was refused a passport and as a result could not accept an invitation from the German government to visit the country. Mr. M. N. Pather, secretary of the SA Council on Sport, and his son were refused passports. Mr. Norman Middleton was again informed that he would only be issued with a passport if he signed an undertaking not to do anything overseas to prevent SA sportmen from taking part in international sport. In July Father Aelred Stubbs, a Johannesburg Anglican clergyman with close contacts with the black community, was refused re-entry into S.A. after he had travelled to England to visit his dying mother. The SA embassy in London said that the Minister of the Interior had withdrawn his visa privileges because he was involved "in subversive activities". 6 Father Stubbs had worked in S.A. for 18 years. It was revealed during the year that Africans were required to fulfill requirements not applicable to whites when applying for international passports. They were required to answer ques tions on an "information note" when applying for passports at Bantu Affairs Commissioners' offices. Applicants were asked who was financing their trip and asked to provide proof that their taxes were paid and that they had made arrangements for the maintenance and accommodation of their children while they were away. In addition "an authentic letter or document" was requested setting out the arrangements made for an applicant's accommodation abroad and indicating who is to pay for such accommodation. References were required from "responsible" sources such as "location superintendents" guaranteeing the ac curacy of the information provided by applicants. The note required Africans to pay the Commissioner's office R200 if they were going to Europe or R400 for the USA or the Far East, or a bank guarantee for these amounts. The money is returned when the applicant hands back his or her passport.7 African students going abroad were asked for information regarding inter alia the curriculum and language medium of the course they intend to follow, what they "intend to achieve by following the course" and reasons for their not following the course in S.A. if facilities exist. POLITICAL EXILES
During the year a large number of South Africans, mostly black youths, fled the country into adjacent territories. A UN mission to Botswana estimated that during 1976 a total of 880 refugees had entered Botswana from S.A. and 187 from S.W.A.' It was reported in June that there were an estimated 900 S.A. 6 Star, 20 July.
7 In some cases the required financial deposit for a passvort was waived, it was reported. Star, 14 December.
1 Rand Daily Mail, 7 July.
A SURVEY OF RACE RELATIONS, 1977
blacks as refugees in Botswana and 300 in Swaziland.' The UN High Commissioner for refugees reported that there were an estimated 100 in Mozambique, between 800-1 000 in Lesotho, 500 in Tanzania and 400 in Zambia.3 The UN Deputy High Commis sioner for Refugees reported in October that a total of 3 000 SA refugees were being accommodated in Southern African states. 4 It was estimated that about 7 % of SA refugees had committed themselves to military training under the auspices of the ANC or PAC.5 According to one survey most had expressed a desire to continue their education, preferably in Britain or the US. It was reported in March that 150 SA students, mostly from Soweto, were flown from Botswana to Nigeria to take up high school scholarships provided by the Nigerian Government. In June the African-American Institute in New York gave the Lesotho government R59 500 to help build accommodation for SA refugee students. Mr. Drake Koka, former BPC general secretary and ex trade unionist, left the country in November 1976. In December Mr. William Leselie, SASO organizer, left the country and sought political asylum in Lesotho, after he had heard that security police were looking for him. Mr. Nimrod Mkele, director of the Institute of Black Studies, left S.A. in December 1976 and was reported to be in Transkei. The following ex-political prisoners under restriction orders left the country during 1977: Mr. Mac Maharaj, Mr. Andrew Masondo, Mr. Sonny Singh, Mr. Indress Naidoo, Mr. Mzimkulu Gwentshe, Mr. Marius Schoon. Other banned people who fled the country included Mr. Eric Abraham, Mr. Rashid Meer and Mr. and Mrs. Michael Murphy who travelled to London via Swaziland in August. Other notable personalitites who fled the country during the year included Mr. Nat Serache, Rand Daily Mail journalist and BPC assistant secretary, who alleged in an interview in Gaberone that SA security police had brutally as saulted him while he was in detention in order to make him give false statements to incriminate Mr. Steve Biko and Miss Then jiwe Mtintso. Mrs. Phyllis Naidoo, defence attorney in the Pieter maritzburg trial left for Lesotho when she was told security police wanted to question her. SSRC president Trofomo Sono left the country in August. SECURITY TRIALS DURING 1976 AND 1977
In reply to questions in the Assembly, the Minister of Police gave the following information relating to security trials during 1976:1 2 Ibid., 9 June. 3 UNHCR, June 1977. 4 Ibid., October 1977.
5 Star, 13 May. I Hansard 2 col. 80; Hansard 3, col. 236; Hansard 11 col. 837.
TRIALS UNDER SECURITY LAWS
Terrorism Act Offences Charged .. ............. 96 Acquitted ... ... ... .... 8 Convicted ... ......... 50 Convicted of lesser charges ... 6 Still on trial ....... ... ... 28 Charges withdrawn ...... 4
Internal Security Act Offences 35 12 8 15 10
Of those listed above, 130 were held in detention for the following periods before being charged: for up to 30 days for 31-60 days for 61-90 days for 91-120 days for 121-150 days
13 for 151-180 9 for 181-240 2 for 241-270 2 for 271-355
days days days days
In reply to a question the Minister said that one white person, seven Coloured and 31 Africans were convicted of sabotage during 1976 in terms of Section 21 of the General Laws Amendment Act, 1962.2
As at 31 December 1976 the following persons were serving prison sentences for convictions in terms of security legislation: Whi te Coloured Asian African 10 7 163
Sabotage (GLA Act, 1962) ... 3 Internal Security Act ...... 1 Unlawful Organizations Act .. 4 Terrorism Act ............ 6
-
-
3
19
6
The following security trials were held during 1977:1 No. of No. of Trials Accused
Legislation
Sabotage ......
Terrorism Act ... Unlawful Organ isations Act
...
Explosives Act .nternal Security Act Terrorism and Sabotage
Years' Acquitted imprison Con- Cases pro or charges ment for victed ceeding withdrawn convicted"
38 45
257 97
88 35
25 30
4 2
5 4
4 1
1 1
3
35
15
-
20
163
...
2 Hansard 11 col. 837. 1 Alternative charges not included in classification. The figures are based on records kept by the Institute of Race Relations from January to November 1977. 2 Only effective prison sentences are taken into account. 3 Sentence postponed for three years for 10 convicted.
132
A SURVEY OF RACE RELATIONS, 1977
Legislation Terrorism and Unlawful Or ganisations ... Terrorism Sabot age and Explo sives
No. of No. of Trials Accused
1
1
1
1
95
401
Years' Acquitted imprison Con- Cases pro- or charges ment for victed ceeding withdrawn convicted
1 144
-
59
-
198
12
898
Many of the sabotage cases enumerated above arose from acts of destruction during the civil unrest of 1976. Because of the large number of security prosecutions during the year only those trials of more political significance are outlined below.4 SASO Trial Judgement and Appeal Judgement in the trial was delivered on 15 December, 1976, and all accused were convicted. Messrs. Cooper, Myeza, Mokoape, Nkomo, Lekota and Nefolovhodwe were each sen tenced to six years' imprisonment and Messrs. Sedibe, Cindi and Moodly were each sentenced to five years' imprisonment. In a lengthy judgement, Mr. Justice Boshoff said that he was satisfied that neither SASO nor BPC had the characteristics of a revolu tionary group and that it was not one of the objects of the conspirational agreement at issue in the trial to bring about a revolutionary change in the political and economic system of the Republic by unconstitutional or violent means. The court was satisfied, he said, that SASO and BPC were protest groups politically. 6 He found the accused guilty of two out of 13 counts of conspiring to commit acts capable of endangering the main tenance of law and order and, in the case of seven of the nine, charges relating to the organization of the Viva Frelimo rallies in Durban and Turfloop in 1974. On 28 March, 1977, defence lawyers brought applications before the Pretoria Supreme Court to file an entry claiming irregularities in the trial and leave to appeal against the con victions.' On 28 April Mr. Justice Boshoff refused both applica tions. Later in the year lawyers for the SASO convicted sub mitted a petition for leave to appeal to the Appellate Division. A decision had not been delivered by the end of the year. 4 For further details of security trials held from July 1976 to May 1971 see Security and Related Trials, SAIRR, May 1977 (hereafter "Trials" for brevity). 5 See 1976 Survey, p. 130 for trial summary. 6 Pages 236 and 242 of trial judgement. 7 For details of application see Trials p. 25.
TRIALS UNDER SECURITY LAWS
133
Appeal in Trial Related to death of Chief Elifas In May 1976 Mr. A. Mushimba, Mr. H. Shikongo, Miss R. Nambinga and Miss A. Nghihondjwa were convicted in the Windhoek Supreme Court of charges in terms of the Terrorism Act relating to the assissination of Chief Elifas, chief minister of Owambo.5 (See 1976 Survey, pp. 482-3). A special entry into the trial record was allowed in June 1977 by Mr. Justice Hart, who ruled that during the trial there had been a breach of the privileged relationship between attorney and client. A subsequent appeal was heard during March 1977 in the Appellate Division of the Supreme Court. In his judgement Chief Justice Rumpff found that a secretary and a partner in the law firm representing the convicted in their trial had been police informers and passed confidential information concerning the trial on to members of the security police. He said there was no doubt that the breach of privilege in the case had affected the proceedings. Because of the nature and extent of the breach of the privilege of the appellants it had to be found that their protection before and during the trial had disappeared totally as a result of actions by the security police. Justice had therefore not been done in the trial. The conviction and sentence of each of the appellants was set aside. Mr. Justice Hofmeyr and Mr. Justice Kotze con curred. Pietermaritzburg ANC Trial9 In this trial charges in terms of the Terrorism Act were brought against ten men'" for recruiting others for the ANC to undergo training of a military or political nature outside S.A. to assist in the overthrow of the government by violence. During court proceedings in 1977 serious allegations were made by the State witnesses, Mr. Frans Kunene and Mr. Harold Nxasana, regarding their treatment while under interrogation in detention. Both said that after violence was used against them by policemen, they had agreed to give the sort of evidence that the police required. These allegations were denied by police witnesses. 1 ' In his final argument, Mr. G. Muller, for the defence, said that evidence of witnesses held under Section Six of the Terrorism Act should be carefully examined before being accepted particu larly when they had been subjected to long spells of interroga tion. They could be held in solitary confinement until they were prepared to make statements which police considered satisfac tory. He said there were many examples in evidence uncontra 8 Mr. Mushimba and Mr, Shikongo were each sentenced to death, Miss Nghihondjwa to
seven years' and Miss Nambinga to five years' imprisonment. 9 For an account of the early evidence in the trial see 1976 Survey, p. 143. 10 H. Gwala, W. Khanyile, Z. Mdlalose, J. Nduli, C. Ndlovu, A. Xaba, V. Magubane, M. Meyiwa, A. Ndebele and J. Nene. 11 For details of their allegations and other evidence see Trials, pp. 63-67.
134
A SURVEY OF RACE RELATIONS, 1977
dicted by the police of statements being read to detainees at regular intervals. The constant repetition could result in the statement becoming etched on a detainee's mind. Judgement in the case was delivered on 15 July. All the accused except Mr. Khanyile were found guilty. Mr. Justice Howard found that H. Gwala, V. Magubane, M. Meyiwa, A. Ndebele and Z. Mdlalose conspired with one another to recruit and send people abroad for military training. Mr. Gwala pro cured seven persons for military training and sent them abroad with the help of A. Xaba and J. Nene. Magubane, Meyiwa, Nduli and Ndlovu each committed acts to recruit and assist people to leave for military training, the judge found. He ruled that the allegations by the accused that they had been subjected to assaults and maltreatment by the security police were in most cases fabrications and grossly exaggerated. He referred to Mr. J. Mluli's death which was included in evidence. He said that evidence did not exclude the reasonable possibility that the police assaulted him in the course of interrogation but no positive finding could be made. H. Gwala, A. Xaba, J. Nene, M. Meyiwa and Z. Mdalose were each sentenced to life imprisonment. V. Magubane was sentenced to 15 years' imprisonment, A. Ndebele seven years, J. Nduli 18 years and C. Ndhlovu to 15 years. 2 Leave to appeal was refused. Mr. J. Nduli and Mr. C. Ndhlovu both appealed against the court's previous decision that it had jurisdiction to try them even if they should have been taken into custody on Swaziland soil. On 24 November the Appellate Division dismissed their appeals on the grounds that the S.A. Government had not authorized their abduction. "Turfloop" Terrorism Act Trial The charges in this trial were outlined on page 141 of last year's Survey.' State witnesses testified that Mr. S. Ndebele, Mr. P. Tshabalala and Mr. T. Mashamba had tried to recruit them for ANC activities. This the accused denied in their evidence, although Mr. Tshabalala admitted he as a "nominal member" of the ANC and had listened to ANC radio broadcasts. The judge acquitted Mr. Tshabalala for lack of convincing evidence. Mr. T. Mashamba, his wife Happy and Mr. S. Ndebele were convicted and committed to effective sentences of five years each. Variava and Khuzwayo Case Mr. S. Variava and Mrs. N. Khuzwayo were first charged in terms of the Terrorism Act in June 1975. Charges were related 12 Gwala. Xaba, Nene and Meyiwa had previous convictions for charges involving security offences. 1 For details of evidence see Trials, pp. 5-6.
TRIALS UNDER SECURITY LAWS
to the production of a literary magazine and a play. Mr. Variava had spent 227 days in detention before being granted bail and brought to trial in 1976.' Finally on 31 January 1977 the charges were withdrawn. They had each spent over 14 months with strict bail conditions. Transkei Trial' In this trial five men 4 were accused of setting up secret
Marxist cells in the Transkei over 1974-1976 and to have indoc trinated 16 people in Marxist ideology. They were charged in terms of the Suppression of Communism Act. Prof. B. van der Merwe of the Rand Afrikaans University gave state evidence and said that there had to be violent transition in a "communist revolution". Mr. Ntsebeza, giving evidence in his own defence, disagreed with this contention and claimed that the literature dealing with communism that was found in his possession was used by him as a teacher for academic purposes only. On 11 March, 1977, Prof. J. Dugard, of the University of the Witwatersrand, appeared for the defence and argued that the Suppression of Communism Act punished offences against the personality of the State. Independence had granted Transkei a legal personality different from S.A. Evidence suggested a conspiracy against S.A. and not the Government of Transkei as it existed before independence. Therefore the accused should be discharged. Mr. Justice Munnik refused the application. Judgement was delivered in September and all were con victed. Mr. M. Mgobizi was sentenced to two years' imprison ment, conditionally suspended. The other accused were each imprisoned for four years. Breyten Breytenbach
In May Mr. Breyten Breytenbach, serving a nine-year prison sentence for conviction in terms of the Terrorism Act in 1975, was brought to trial to face new charges in terms of the Terrorism Act, the Prisons Act and the Riotous Assemblies Act. He pleaded not guilty to all charges. The State's case revolved around the evidence of a warder, Mr. Pieter Groenewald, who alleged that Mr. Breytenbach had recruited him to membership of Okhela. He had also persuaded Mr. Groenewald to receive terrorist training once he had assisted Breytenbach to escape. Letters smuggled out of prison and tape recordings of conver sations between Mr. Groenewald and Mr. Breytenbach were produced as evidence. 2 See p. 141 of 1976 Survey and Trials, D. 16.
3 See page 142, ot 1976 Survey and page 53 of Trials for details. 4
D.
Ntsebeza. L. Ntsebeza. M. Silinga, M. Goniwe and M. Mgobizi.
A SURVEY OF RACE RELATIONS, 1977
Testifying in his own defence, Mr. Breytenbach claimed that Okhela did not exist as a formal organization at the time of his arrest in 1975. Mr. Justice Boshoff therefore questioned whether, in fact, Breytenbach had the power to recruit members to the organization. Breytenbach said in evidence that he had con tinued to discuss and make plans with Groenewald so that he could maintain some contact with the outside world. He had been held in solitary imprisonment and found it very disorienting. A letter by Breytenbach to the Commissioner of Police, in which he offered to infiltrate the SA Communist Party on behalf of the police if he was released, was produced as evidence. It was revealed in evidence that the security police had been aware of Breytenbach's discussions with Groenewald and of his activities. It was alleged that they had set out to trap him. 5 Mr. Justice Boshoff convicted Breytenbach on 15 counts of letter smuggling in terms of the Prisons Act and fined him R50. He said a mitigating factor was that police had enticed him to write as many letters as possible to probe his suspected Okhela contacts. He acquitted Breytenbach of all charges in terms of the Terrorism Act. Trial of Zimu and three others
On 1 August Mr. Isaac Zimu (28), Mr. Veli Mthembu (22), Mr. Themba Khumalo (18) and Mr. Walter Mtshali (29) appeared in the Natal Supreme Court charged in terms of the Terrorism Act. They had all been detained for almost a year. They were accused of inciting others to undergo military training between June and September 1976 and of taking steps to undergo training themselves. In terms of the new Criminal Procedure Act' and on the advice of their pro-deo defence counsel, Mr. Menge, they all pleaded guilty to the second charge. All, except Mr. Mtshali, pleaded guilty to the first charge. After hearing the charges and pleas Mr. Justice Kriek convicted them all. The trial was adjourned for argument in mitigation of sentence. When it resumed Mr. Mtshali asked for another advocate to represent him and the trial was again postponed. The accused then instituted an application to change their pleas and were represented by new counsel.' The State, repre sented by Natal attorney-general, Mr. C. Rees, opposed the application. Giving evidence in support of the application, Mr. Zimu denied that he was guilty. He said that he was led to believe by Mr. Menge that he had been implicated in the offence by merely being in the company of others alleged to be going for military training. He said he had not understood the proceedings in the original trial hearing. After consultation with his new 5 Sunday Express, 17 July.
6 For details see section on Justice, Police and Prisons. 1 Mr. H. Pitman atmeared for Zimu. Mr. I. Mohamed for Mr. Mtshali and Mr. J. Poswa for Mthembu and Khumalo.
TRIALS UNDER SECURITY LAWS
137
counsel he realized that his actions did not constitute an offence and he therefore wished to change his plea. Under cross examination, Zimu refused to answer questions and claimed that he was unwell. He said that during nearly 12 months' detention he had been in solitary confinement for nine months. During this period he had been given electric shocks to the head, suspended by handcuffs and assaulted. After an examination a psychiatrist said that Zimu was fit to stand trial. Mr. Khumalo said in evidence that he had only accepted Mr. Menge as defence counsel because he had been unable to contact family members to organize his own legal representation.2 After he had displayed unstable symptoms, the court ordered that Mr. Mtshali should be examined by a psychiatrist. Dr. Paterson subsequently testified that he was not mentally fit to continue standing trial. Mr. Mtshali was sent for mental observation and his trial was separated from the others. Mr. Menge was called as a state witness and admitted that the first time he had met with the accused was on the first day of their trial. Prior to this they had consulted with another advocate whom they told they intended to plead not guilty. The advocate withdrew because he was not available to fight a lengthy case and was replaced by Mr. Menge. Mr. Menge admitted that he had told the accused that he would try to get part of their sentences suspended. He denied that this was an inducement to persuade them to plead guilty. The accused agreed to plead according to his advice. Mr. Menge could not tell the court why they had changed their minds and pleaded guilty. Mr. Menge related other conversations that had taken place between him and his former clients. Counsel for the defence called into question the role of the court interpreter during the trial hearings. Mr. Poswa queried the interpreter's ability and his interpretation of certain key words used in the charge sheet and summary of facts. Finally in November, Mr. Justice Kriek refused to allow the application for their pleas to be reversed and sentenced each of the three to 13 years' imprisonment. He said he was satisfied that each accused understood the charges and that their evidence to the contrary was contrived for the purpose of trying to explain why they had pleaded guilty. An application for leave to appeal against conviction and sentence was refused. On 14 November Mr. Mtshali was declared a State President's patient. Ngoye Students' Trial' In March 20 students of the University of Zululand, many of them SRC members, were brought to trial to face charges of 2 The 1977 Criminal Procedure Act does not guarantee the right of an accused to make contact with family or friends. 3 The Terrorism Act does not allow for any portion of sentence to be suspended.
I See Trials, pp. 56-8, for details of early proceedings.
A SURVEY OF RACE RELATIONS, 1977
sabotage, arson, malicious damage to property and assault with intent to murder. The charges arose from events at the univer sity on 17 and 18 June 1976 when R500 000 damage was caused to university property following a mass meeting of students. During the state's case, witnesses2 made serious allegations that security police maltreated them while they were in detention and required them to agree to statements which were not their own. Police witnesses denied these and other allegations. At the close of the case in July, state counsel conceded that those who had given evidence were not satisfactory witnesses. The state did not appear to be in a position to ask for a conviction on the merits of the case. Mr Justice Milne agreed with state counsel 3 and acquitted all the accused. PAC Trials, Eastern Cape In March Mr. Walter Tshikila,4 Mr. Joseph Madyo and Mr. Dumile Ndwandwa were brought to trial in the Grahamstown Supreme Court, facing charges in terms of the Terrorism Act. Mr. Tshikile pleaded guilty to being a PAC officer-bearer, to inciting people to leave the country for military training and to giving lectures on the PAC. Mr. Madyo and Mr. Ndwandwa pleaded guilty to attempting to leave the country to undergo military training and to being PAC members. Mr. Tshikila was sentenced to 13 years' imprisonment and the others to five years each. Mr. Justice Kannemeyer said that although Tshikila had been driven by his political ideals and had not committed the offences for personal gain, no state could tolerate movements which aimed to overthrow authority by force. In February four men were accused in terms of the Terrorism Act of attending PAC meetings. At the conclusion of the State's evidence, defence asked for the discharge of all four accused. Mr. Justice De Wet discharged the accused on 29 April and one accused, Mr. Zolile Keke, was immediately re-detained. In February, Mr. Lawrence Mene was brought to trial after being in detention for almost a year. He was accused in terms of the Terrorism Act of recruiting six people for military training and of being a PAC member. After a remand in the trial, counsel for the defence requested that charges should be quashed because the indictment was too vague. The court agreed and quashed the charges, although the State was not precluded from formulating a new indictment. 2 At least 29 students were detained as witnesses in the case. The majority did not appear and were held for veriods ranging from six to eleven months. 3 One accused, Mr. C. Msomi, had been acquitted on 18 .uly. 4 Mr. Tshikila 13reviously spent six years on Robben Island for political offences relating to the PAC.
TRIALS UNDER SECURITY LAWS
139
Pretoria ANC Trial In April twelve persons appeared in the Pretoria Supreme Court charged in terms of the Terrorism and Internal Security Acts. They were Mr. Mosima Sexwale, Mr. Naledi Tsika, Mr. Lele Motaung, Mr. Simon Mohlanyaneng, Mr. Elias Masinga, Mr. Martin Ramokgadi, Mr. Joe Gqabi, Mr. Petrus Nchabeleng, Mr. Nelson Diale, Mr. Michael Ngubeni, Mr. Jacob Seatholo and Miss Paulina Mohale. They were alleged to have been members or active supporters of the ANC, the SA Communist Party or Umkhonto We Sizwe (military wing of the ANC) and to have conspired with others to distribute propaganda advocating the violent overthrow of the government, recruit persons into the ANC and for military training overseas, to smuggle arms and explosives into S.A., commit acts of sabotage, establish secret cells and infiltrate organisations. After a postponement in the case, the State opened its case in June and extensive evidence was led. On 2 November Mr. Justice Davidson, who was hearing the trial, died and it was subsequently announced that there would be a fresh trial.' Cape Town ANC Trial In August Mr. Christmas Tinto pleaded not guilty to charges in terms of the Internal Security Act in the Malmesbury Magis trate's Court. He was alleged to have incited students between January and February 1977 to undergo military training and to have furthered the aims of the ANC. Witnesses gave evidence relating to a meeting at which Mr. Tinto told them about the ANC and discussed methods of leaving S.A. to obtain military training. Mr. Tinto told the court he was a member of the ANC before it was banned but denied that he had advocated military training at the meetings. He had told the students about the history of the ANC when they had asked him. Defence counsel questioned the evidence of the state witnesses as they were both accomplices and detainees. Four of the witnesses had been held for seven months. The magistrate convicted Mr. Tinto and sentenced him to imprisonment for seven years. Trial of Steve Biko' In February seven students were brought to trial in the Grahamstown Supreme Court on charges of sabotage. The charges related to the burning of classrooms at the Forbes Grant Secondary School, near King William's Town on 15 September 1976. During the trial some of the accused alleged that they had I Because of the re-trial the evidence in the initial State case is not summarized. The trial record consisted of 70 volumes and evidence was given by 100 witnesses. For details of indictment see Trials, vp. 26-9. See Trials, p. 44, for details of both trials summarized here
A SURVEY OF RACE RELATIONS, 1977
been assaulted by security police to make confessions. Eight fellow students, all under 18, were called as witnesses and in each case their evidence differed from their statements made to the police. They alleged that the police had prepared the statements and assaulted them into signing them. Two of the accused, Mzwabantu Lumkwana and a youth of 17 years, were convicted and sentenced to five years' imprisonment. The other accused were acquitted. In March Mr. Steve Biko was accused of obstructing the course of justice by instructing state witnesses in the trial to state falsely in their evidence that they were forced to make state ments. Mr Biko pleaded not guilty to the charges. State witnesses in the above trial were called to testify. Some alleged that Mr Biko had told them it was important to change their statements when they appeared in court and that they should tell the court how the police had obtained statements from them. Some witnesses reiterated their claim that police had tricked or forced them to sign statements. Three witnesses aged between 14 and 16 years testified that they had been held in solitary confinement for several months before giving evidence. Mr. Biko was acquitted of all the charges. Trial Relating to Blast at Carlton Centre' Mr Isaac Seko was accused in February in terms of the Terrorism Act, in connection with the blast at the Carlton Centre in December 1976 in which he lost his hand. He was also accused of causing a bomb blast in a Soweto doctor's surgery. The State alleged that he received instructions in the use of explosives from Mr. W. Tshazibane who died in detention. Mr Justice Hall found him guilty on two counts of terrorism, one of sabotage and one of being in possession of explosives. He was committed to an effec tive sentence of 12 years' imprisonment. In a statement to the court Mr Seko said he had not intended injuring anyone and had hoped through the explosion, to shock the authorities to institute reform. Randburg ANC Trial Mr. Stanley Nkosi, Mr. Petrus Motlhanthe and Mr. Joseph Mosoeu were brought to trial in February on charges in terms of the Terrorism Act. They were alleged to have undergone training for sabotage, promoted ANC activities, and received explosives for sabotage. All pleaded not guilty. Mr. Justice Human found Nkosi and Mothlanthe guilty and sentenced them to effective goal sentences of 10 years each. Mosoeu was acquitted. I 3 Ibid., P. 4 for details. i For details of case see Ibid., v. 7.
TRIALS UNDER SECURITY LAWS
Johannesburg ANC Trial In June six men were charged in terms of the Terrorism Act of making and possessing explosives, hiding ammunition in Soweto, attempting to blow up the Johannesburg-Vereeniging railway line, belonging to the ANC, recruiting and attending lectures on making explosives. Mr. John Phala, Mr. John Thabo, Mr. Letsie Mashi nini, Mr. Solomon Musi, Mr. Bafuma Nkosi and Mr. Phillip Khoza faced a total of 33 charges. Evidence was given relating to the finding of explosives on the Vereeniging railway line and a series of explosions in January which demolished a house in Soweto allegedly used as a training school for the manufacture of bombs. The house belonged to Mr. Khoza. Lengthy evidence was led relating to the charges. On 29 November all six were convicted. Thabo and Phala were sentenced to 30 years, Khoza to 15 years, Musi to 5 years and Mashinini and Nkosi to 12 years imprisonment each. Trial Relating to Goch Street Shootings On 24 August Mr. Mondy Motloung (20) and Mr. Solomon Mahlangu (21) were brought before the Johannesburg Regional Court on two charges of murder, two of attempted murder and five in terms of the Terrorism Act. The charges arose from the gunfire attack on a warehouse in June when two persons were killed. The State alleged that the two accused had come to S.A. via Swaziland to commit acts to endanger the maintenance of good law and order in S.A. They were members of the ANC and had left S.A. illegally to receive military training. They pleaded not guilty to the charges. When questioned by the court in terms of the Criminal Procedure Act to clarify the difference between their admissions and the State's case, they re fused to answer questions because they were not legally repre sented. Their lawyer had not been informed of their appearance. When the trial resumed in November, defence counsel made an application for Mr. Motloung to be sent for mental observation, because the defence had experienced difficulty in getting coherent statements from him. A psychiatrist testified that his incoherence was apparently brought about by brain damage. A psychologist testified that Motloung's memory was poor and he lacked certain perception and motor co-ordination. The court granted the appli cation and the hearing was postponed to 29 November. Trial of Paul Langa Mr. Paul Langa (28) of Orlando West was brought to trial in June to face charges in terms of the Terrorism Act. The state alleged that he was head of the SSRC's "Suicide Squad". His alleged accomplices amongst others were Khotso Seathlolo and
142
A SURVEY OF RACE RELATIONS, 1977
Micky Tsagae, both SSRC members who had fled S.A. Mr. Langa was alleged to have trained others in the use of explosives and, in conspiracy with others, to have been responsible for explosions at Jabulani police station and a Soweto railway line in October 1976, at a Soweto house in November and the Pelican night club later in the month. It was alleged that with others, he kidnapped and threatened to kill three students, he arranged for students to leave the country and arranged to have weapons brought into the country. He allegedly conspired to damage the SA economy and, through revolution, topple the government. State evidence was lead in support of these charges, although at least two witnesses alleged that their evidence was partly or wholly false due to torture and threats at the hands of security police. Mr Titi Mthenjane refused to give evidence against Mr. Langa and was sentenced to three years' imprisonment in terms of the Criminal Procedure Act. Mr. Justice F. Steyn found Langa guilty of causing three explosions, of possessing explosives and of abducting and terror ising Mr David Mametsa. He was sentenced to an effective prision sentence of 25 years. The judge said that the fact that no one had been killed by his actions had obviated consideration of the death penalty. He rejected the allegations of police coercion in obtaining statements. Fakude, Mlangeni and Mashinini Mr Themba Mlangeni (33), Mr Paul Fakude (32) and Mr Mpho Mashinini (17), brother of Tsietsi Mashinini, were charged in August, in terms of the Terrorism Act, with encouraging others to leave the country to undergo military training and to return to overthrow the state by violent means. Three State witnesses contradicted their statements to the police when testifying in court. One alleged that police had threatened to shoot him if he did not write what they wanted. Another claimed that he had not been allowed to read the state ment he signed. They said they had discussed possibilities of receiving further education abroad with the accused, and not military training. Mpho Mashinini's mother, who was detained for over six months was also called as a State witness. Evidence was given by a youth of 17 years in camera. In his judgement Mr. Justice Esselen said that the only critical evidence in the case had come from the 17-year-old who had been detained for more than six months. His evidence had been totally unreliable. The judge pointed out that prolonged solitary confinement could make a witness try to ingratiate him self with the police and be fearful of departing from his police statement. He acquitted all the accused. Three state witnesses Mr. W. Tshimong, Mr. F. Ntwe and Mr. J. Ramohlabi were subsequently charged with perjury.
DETENTIONS DETENTIONS DURING 1976
In reply to a question in the Assembly, the Minister of Police said that the following persons had been held during 1976 in terms of the preventive detention provisions of the Internal Security Act.1 Male Female Coloured .................... 32 7 Asian . ....... ... .... ... 6 1 African ... ... ... ... ... ... ... 76 13 They were held for periods varying from 6 days to 139 days. The Minister said that the review committee appointed by him had conducted 147 investigations in respect of the 135 detainees. He refused to divulge the names of the committee members.' In reply to another question the Minister disclosed that four of those released from preventive detention had been placed in detention in terms of the Terrorism Act. He refused to disclose their names.' The Minister said that the following persons had been held during 1976 in terms of section 12B of the Internal Security Act (Detention of witnesses): Whites African Cape .................. 29 Transvaal ............ 1 42 Orange Free State ......
-
1
Natal .................. 45 Of these, 46 were still in detention on 31 January 1977. An additional 46 persons were detained during January 1977 in 4 Natal. In reply to another question in the Assembly, the Minister said that during 1976 a total of 21 persons had been detained in terms of section 215 (bis) of the Criminal Procedure Act (Deten tion of witnesses) for periods ranging between 22 and 157 days. 5 The Minister said that 30 persons were detained between 1 January and 25 October 1976 in the Transkei (prior to independence) in terms of Proclamation R400. He said that none of these detainees had been charged and five had been released after periods of detention ranging from 18 to 130 days. The remaining 25 were still in detention on 25 October. The Minister did not provide figures for the number of persons held during 1976 in terms of the Terrorism Act. 1 Hansard 3 col. 238.
2 3 4 5
Hansard Hansard Hansard Hansard
2 8 5 9
cot. col. cot. col.
85 657. 490. 723.
A SURVEY OF RACE RELATIONS, 1977 DETENTIONS DURING 1977
Speaking in the Assembly in June, the Minister of Police said that the following numbers of people were in detention as at 26 May:6 230 in terms of the Terrorism Act 13 in terms of Section 22(1) (b) of the Criminal Procedure Act 73 in terms of the Internal Security Act, as witnesses 20 in terms of Section 215 (bis) of the Criminal Procedure Act No. 56 of 1955. Speaking at the Natal Nationalist Party Congress in Septem ber, the Minister gave the following figures:' 2430 people had been detained since June 1976, for question ing in terms of security laws. 817 of them had been tried and convicted 118 were still awaiting trial 372 were still undergoing investigation 135 had been held in preventive detention in terms of the Internal Security Act. According to records kept by the Institute of Race Relations there were 714 persons in detention without trial as at 30 Novem ber. Of these, 47 were held in preventive detention in terms of the Internal Security Act. Students A large proportion of people detained during the year under review were high-school pupils. According to records kept by the Institute 180 school pupils were in detention at the end of Novem ber. In addition 37 university students were believed to be de tained. In incidents throughout the country police raided schools and detained students, some of them student organisation leaders. In January 32 alleged members of the "Comrades Movement" were detained in Cape Town. Police believed that the movement was behind township unrest in the Peninsula.' In July nine mem bers of the Atteridgeville/Saulsville SRC were detained including the chairman Mr. Raymond Moroane. z In August five SASM members in the Port Elizabeth area were detained and at the same time three officials of the East London Students' Cultural Association were held.3 In early June Sechaba Montsisi, SSRC president, and 19 other Soweto student leaders including six members of the SSRC execu tive were detained. At the same time five Qtudent representatives 6 Hansard 18 col. 9322.
7 Rand Daily Mail, 2 Sentemnber. 1 Daily Dispatch, 28 January.
2 Rand Daily Mail, 28 July. 3 Eastern Province Herald, 5 August.
DETENTIONS
from the University of the Witwatersrand and two from Cape Town were detained. The white students were released after eleven days in detention. Mrs. Helen Suzman condemned the de tention of the student leaders as being "extremely provocative." 4 In August eleven more members of the SSRC were detained and in September student leaders at the University of the North were picked up. In October seven members of the newly formed Port Elizabeth SRC were detained as were other students at schools in Fort Beaufort and Grahamstown. In Port Elizabeth 13 members of the S.A. Institute of Race Relations youth group were held soon afterwards and later in the month ten Grahamstown pupils were taken into security detention after they had been fined in terms of the Riotous Assemblies Act. In April it was reported 5 that 150 children under the age of 16 had been detained in terms of security legislation over the previous six months. Many of these were being kept in solitary confinement. One lawyer handled cases involving 91 children aged under 16 who had been detained, including 10, 12 and 13 year-olds. Most of the children were subsequently acquitted or had charges withdrawn after spending up to five months in detention. The lawyer said it was disturbing that children were held under the most stringent security law and then charged for relatively minor offences, if at all. Several cases were reported of parents not being informed of the whereabouts of their children in detention. Professor John Dugard of the University of the Witwatersrand said that the use of the Terrorism Act against children emphasised the "abhorrent nature" of the act "which deviates from almost all the principles of criminal justice." 6 A delegation of Cape Town parents met the Minister of Police in April to plead for information about their children who had been detained in November and of whom they had received no news. The Minister assured them he would look into the case of each youth and expedite a charge or release.7 In July the parents of Sechaba Montsisi requested permission to see their son in detention after rumours spread in Soweto that he was in a critical health condition and had been taken to hospital. They were refused permission and police assured them that Sechaba was alive and well. Community leaders called on the police to allow members of the family to see him but the police refused. Brigadier Zietsman said it was not policy to dis cuss detainees with the press. It was reported in June that a large number of Lenasia High School pupils had been detained and interrogated by the security police. They were questioned about a meeting in Lenasia two 4
Rand Daily Mail, 14 June.
5 Sunday Express, 24 April. 6 Ibid.
7 Star, 28 April.
A SURVEY OF RACE RELATIONS, 1977
months previously at which students joined a newly formed Students' Movement. A doctor who examined one of the students immediately after his 14-hour interrogation certified that he had injuries corresponding to electric shock treatment, kicking and other assaults. Other students also alleged they had been assaul ted during the interrogations.1 The Commissioner of police said that the students should lay charges of assault and their claims would be fully investigated. In reply to a question in the Assembly, the Minister of Police said that 40 pupils from Lenasia high schools had been interrogated by the Security police during May and that no complaints had been made of their treatment by the police.2 Black Consciousness Leaders During the year many black consciousness leaders were de tained. Miss Deborah Matshoba, former literacy director of SASO was detained in February and had not been released by Novem ber. She was detained on two occasions during 1976 for lengthy periods. Raymond Magida, BPC chairman in King William's Town, M. Mbilini, secretary and K. Mlinda, were detained in March. Malusi Mpumlwana, BCP researcher, was released from detention in July after being held for 133 days. He was redetained in October in terms of the Internal Security Act. Mrs Nohle Mo hapi, wife of Mr. Mapetla Mohapi who died in detention, was detained in August. Mrs Mohapi had initiated legal proceedings against the Minister of Police for the death of her husband. Mokie Cekisani was held in September and subsequently released after being treated for epilepsy. Tami Zani, banned BPC publicity officer was detained in August. Mr Vivame Made, national regional director of BPC was detained in October. Numerous other black consciousness office-bearers and members were de tained during the year and some of them subsequently released, without any charges being brought against them. In October ten members of the Association of Science and Technology in Port Elizabeth were detained and R1 290 they had collected for the defence of students in a public violence trial was confiscated.1 Key leaders in all black consciousness groups were placed in pre ventative detention on 19 October (See below). According to records kept by the Institute, at least 65 black consciousness leaders and organizers were still in detention. by 30 November. Journalists The following journalists were detained during the year and were still in detention by the end of November. 1 Sunday Express, 5 June. 2 Hansard 19 col. 1273. 1 Rand Daily Mail, 26 October.
DETENTIONS
Mike Mzileni of Drum Magazine was detained on 2 February. Joe Thloloe of the World on 1 March. Willie Bokala of the World on 14 June. Moffat Zungu of the World on 6 August. Jan Tugwana of the Rand Daily Mail on 30 June. Enoch Duma of the Sunday Times on 26 September. A. Q. Sayed of the Muslim News on 6 September. Thenjiwe Mtintso of the Daily Dispatch on 19 October. Percy Qoboza of the World on 19 October. Aggrey Klaaste of the World on 19 October. Wiseman Khuzwayo of the Daily News on 20 November. Thami Mazwai of the Post on 24 November. (Released 27 November). The Union of Black Jouranilsts, of which Mr. Thloloe was president, requested the Minister of Police to grant an interview to its executive committee to discuss his detention. In reply to a question in the Assembly the Minister said that because he was satisfied that Mr Thloloe's detention was not connected with his journalistic activities he had decided that an interview would serve no purpose. 2 The UBJ issued a statement in which it strongly condemned the detention without trial of Mr Thloloe. At its annual meeting in October Mr. Thloloe was re-elected national president. The UBJ demanded that all detained journalists should be charged or released.' In November the Minister of Police, in reply to questions from the SA Society of Journalists about detained journalists, said that the detention of journalists was not intended to intimidate the press and those detained were being held for good reasons. Mr Patten, president of the society, said that(ai long as journal unknown" every journalist had ists were detained for "crimes 4 reason to feel intimiated. Churchmen The Rev. T. S. Farisani, former BPC president, was detained in March, released in June and re-detained 5 October. The Rev. Ngidi, former secretary-general of the Interdenominational Minis ters' Association and chairman of the United Congregational Church was detained in May in terms of the Terrorism Act. His detention was strongly condemned by church leaders. His wife took clean clothing for him to a Durban police station on two occa sions but was told the second time that he was being examined by a doctor and was not there. Police refused to tell her where he was being held. In August the Rev. Chris Wessels, Eastern Cape Chairman of the SA Council of Churches, was detained in 2 Hansard 15 col. 1097.
3 Rand Daily Mail, 2 July. Mr. Tugwana, Mr. Thloloe, Miss Mtintso, Mr. Bokala and Mr. Zungu were all detained for different periods during 1976. 4 Rand Daily Mail, 18 November.
A SURVEY OF RACE RELATIONS, 1977
terms of the Terrorism Act. His detention was strongly con demned by the SACC. He was released in November. In Sep tember Mr. Molatlhegi Ntlokoa, the national organiser of the Young Christian Workers' Movement, was detained. Father Smangaliso Mkhatshwa, banned early in the year, was placed in preventive detention in October. Matters relating to Other Detentions In November, 1976 Mrs R. Maredi applied to the Rand Supreme Court for news of her husband's whereabouts. He had been detained three weeks previously and police had not informed her where he was being held. In an answering affidavit, a security police major said that although the police were not obliged to give any information, he could reveal that Maredi was being held in terms of the Terrorism Act., Many cases were reported during the year where police refused to inform relatives of detainees' whereabouts or to accept clothing or food for them. In reply to a question in the Assembly in March the Minister of Police revealed that Mr Tembani Phantsi had been held in detention for three periods from 17 October 1975 to 12 March 1977. During this time he was imprisoned for three months for refusing to give evidence and for ten days for contempt of court. He was interrogated on numerous occasions during each period of detention which amounted to a total of 513 days.2 Mr Phantsi's long detention was strongly condemned in Parliament and in the press. Mrs. Suzman said the case demonstrated "what a terribly powerful weapon the Terrorism Act is." 3 Mr Phantsi was re-de tained on 9 June 1977. In reply to another question in the Assembly, Mr. Kruger revealed that another detainee, Mr. Z. W. Nkondo, had been held for over a year from 17 October 1975 to 5 November 1976.1 In October, following the death in detention of Mr Steve Biko and growing rumours that another Terrorism Act detainee, Mr. Mzukizi Skweyiya, had died in detention, security police asked a press photographer to take a photograph of him to prove he was alive and well. Relatives of Mr Skweyiya were allowed to see him at the same time. He said that he had pains in his chest. He was later released from detention. 5 In April two Terrorism Act detainees Mr Pascal Moloi and Mr Patrick Mabinda escaped from John Vorster Square. They were later reported to be in Tanzania. In November 18 African youths, seven of them under the age of 15, were detained in the Cape Peninsula. The mother of one of I
Rand Daily Mail, 27 November. 2 Hansard 10 col. 735. 3 Star, 30 March. 4 Hansard 9 col. 693. 5 Eastern Province Herald, 14 October; Daily Dispatch, 1 October.
DETENTIONS
the youths aged 11 said that he was mentally retarded and she feared he would not be able to answer police questions intelli gently.' Miss Patricia Mnisi (16), a tuberculosis sufferer, died in November of bilateral tuberculosis. She had been in detention at John Vorster Square for six weeks and was released for medical attention one month prior to her death. Her father condemned the security police for the manner in which they had handled his daughter's case. She had been released on the recommendation of a district surgeon after the police had refused to release her at Mr Mnisi's request when he visited her and saw she was sick.' It was reported in November that two Kagiso students, Mr. M. Tlhale (22) and Mr. T. Hlatshwayo (22), were still in detention in terms of the Terrorism Act and had been held since November 1976. Mr. Tlhale's family had still not been informed where he was being detained. Mr Mike Matsobane was detained on 9 December 1976 and had not been released by the end of November., Security police headquarters in Pietersburg revealed that by the end of November 60 people had been detained in Venda in terms of the territory's emergency regulations. Fifteen teachers and a school inspector, Mr. Paul Ngwana, *ere amongst them.9 DETAINEES AS WITNESSES
In March Mr Justice Theron, during his judgement in a Terrorism Act trial held in Cape Town, criticised the use of Ter rorism Act detainees as witnesses. He said that Section 6 of the Act had the effect of tarnishing a witness' evidence. "One's sym pathies are with the police when they are working at high pressure and find themselves faced with prospective witnesses who are reluctant to talk," he said. "But the mere possibility that the witness . . . may be threatened with detention if he does not
produce a satisfactory statement, is sufficient to tarnish him from
the point of view of the court .. ."10
During a murder trial held in Windhoek relating to the death of Chief Elifas, the defence argued that statements in the trial made by witnesses detained in terms of the Terrorism Act or its equivalent, proclamation R17, should not be admissable. Mr. Justice F. H. Badenhorst ruled that such statements were admiss able. 6 7 8 9
Rand Daily Mail, 11 November. Rand Daily Mail, 28 November. Ibid., 30 November. Ibid., 24 November. 10 See Trials pv. 34-5 for further details.
A SURVEY OF RACE RELATIONS, 1977 DEATHS IN SECURITY DETENTION
From March 1976 to November 1977 19 persons were known to have died while in detention in terms of security legislation. Events during 1977 related to the deaths are described below. 1 Joseph Mdluli In October 1976, four policemen were acquitted of culpable homicide arising out of Mr Mdluli's death in March 1976. Mr. Justice James suggested that there be further investigations to ascertain how Mr Mdluli met his death.' In reply to a question in the Assembly on 27 January, the Minister of Police said that investigations into the death of Mr Mdluli had not yet been con cluded On 10 February, state pathologist B. van Straaten gave evidence in the Pietermaritzburg ANC trial. (Mr. Mdluli had been detained in connection with investigations that led to the trial. He told the court that Mr Mdluli died as a result of force to the neck which could not have been caused by falling over a chair as had been claimed by police witnesses during the culpable homicide trial. A post-mortem revealed that Mr. Mdluli had numerous injuries that could not have happened in the way alleged. The Attorney-General of Natal, Mr. C. Rees, said on 23 February that the evidence concerning Mr Mdluli's death that had emerged in the trial was being closely scrutinized. He indicated that the death was being thoroughly investigated as a result of Mr. Justice James' remarks in the culpable homicide trial. Mr. Rees said that two aspects of the case were being investigated, his actual death and also alleged tampering and infliction of addi tional injuries on the body after it had been removed from police custody.' In a press conference in February, Mr. Kruger, Minister of Police, said that Mr. Mdluli had made a suicide attempt and police had grappled with him. He suggested that because four security policemen had been prosecuted as a result of this incident, other policemen might be inhibited from trying to stop security detainees from committing suicide.4 On 25 February Mr. Rees announced that no further action would be taken in connection with the death. As a result of a full investigation he had come to the conclusion that no further prose cutions were necessary. 5 In his judgement in the Pietermaritzburg ANC trial on 15 July Mr. Justice Howard said that the possibility existed that Mr. 11 Deaths of security detainees are discussed here as distinct from deaths of detainees held in p~olice custody in connection with non-security criminal proceedings. For details of this category see page 110.
1 See 1976 Survey, Dp. 122-4. 2 lHansard 1 Q. col 4. 3 See Administration of Security Legislation in South Africa, SAIRR, April 1977, pp. 49-50, for details. 4 Star, 24 February.
5 Rand Daily Mail, 26 February.
DETENTIONS
Mdluli's wounds had been inflicted by the security police, but no positive findings could be made. (See above.) On 20 July Mr. Rees said he could initiate further prosecu tions arising from the death of Mr. Mdluli if fresh evidence was put before him. He said that his statement in February referred specifically to evidence arising from evidence gathered after the culpable homicide acquittals.6 Mapetla Mohapi7 The inquest into his death opened in King William's Town on 17 January. Dr R. Hawkes, who conducted a post-mortem the day after the death, said that he was satisfied from what he had seen that broad based force applied to his neck had caused Mr Mohapi's death. He said his findings were consistent with a case of hanging. Police evidence was that Mr. Mohapi had been found hanging from his Kei Road police cell bars tied by denim jeans tied together. Police produced a suicide note alleged to have been written by Mr. Mohapi. Capt. Schoeman and Sgt. Nicholson had interrogated Mr Mohapi during his detention. Evidence presented by couns l for the Mohapi family during the inquest centred around the lack of motive to commit suicide, the authorship of the alleged suicide note and corroborating evi dence regarding violent treatment in detention by detainees inter rogated by the same policemen.' Addressing the court after all the evidence had been heard, Dr Cooper for the Mohapi family, said all the evidence suggested homicide. He suggested that the death could have been caused by "an over-zealous interrogator overstepping the mark." The inquest magistrate found that Mr Mohapi's death was due to anoxia and suffocation as a result of hanging and was not brought about by any act of commission or omission by any living person. He did not however, deliver a formal verdict of suicide. Luke Mazwembe Mr Mazwembe (32) died in detention in Cape Town on 2 September 1976 on the same day he had been detained in terms of section 22 of the General Laws Amendment Act. (See 1976 Sur vey p. 125.) The police report released by the Minister of Justice on 23 February stated that he was not interrogated and not visited. An inquest into his death commenced on 11 Novem ber. Police evidence was that he had hung himself with a noose made of strips of blanket cut with a razor blade and tied together 6 Rand Daily Mail, 21 July.
7 Mr. Mohapi's death in detention in August 1976 is referred to on page 124 of last year's Survey. 8 See Administration of Security Legislation in South Africa, pp. 50-54, for details.
152
A SURVEY OF RACE RELATIONS, 1977
with twine. The police were uncertain about how Mr Mazwembe had obtained the razor and twine. Mr Mazwembe, according to the post mortem report, had several wounds on his body including swelling and bruising of the right cheek bone, slight swelling of the lower scrotum, abrasions on the left ankle and abrasions over both shoulder blades. Police were unable to explain these injuries. Marks on the neck were consistent with hanging. Mr Farlam, for the Mazwembe family, argued that since the evidence indicated that Mr. Mazwembe was not injured in any way before his arrest and since he was in the custody of the security police from the time of his arrest until the time he was placed alone in his cell, it followed that the injuries must have been inflicted by security policemen. There had been no evidence placed before the inquest court suggesting why the deceased should take his own life. The magistrate found that death was by suicide in a manner consistent with hanging. He found that on the available evidence he was unable to infer homicide. Dumisani Mbatha The death in detention of Mr Mbatha (22) was described on page 125 of last year's Survey. On 23 February the Minister released a report regarding his death in which it was stated that he had been detained at Modder B prison in terms of Section 6 of the Terrorism Act on 16 September. He was one of a group of youths who proceeded to Johannesburg "to commit acts of sabotage," and was arrested with 400 others, the Minister said. "On September 25, he was first approached for questioning. As his name and other personal particulars were being taken down, he complained of not feeling well. He was removed to a hospital where he died shortly afterwards. According to the post mortem report and a statement of Prof. Taljaard, Mr Mbatha died of natural causes, which were described as "extremely sympathetic system activity with auricular fibrillation of heart." An inquest was not held into Mr Mbatha's death as it had resulted from natural causes. Ernest Mamashila Mr. Mamashila (35) was detained on 16 November, 1976, in terms of the Terrorism Act. According to a statement issued by the Minister of Police on 23 February, Mr. Mamashila was found hanging on the morning of 19 November from strips torn from a cell blanket. He had not been interrogated and received no visits, according to the statement. An inquest into his death was held on 10 March in Balfour. The magistrate found that Mr. Mamashila had hanged himself. Lawrence Ndzanga Mr. Lawrence Ndzanga (52), a former Secretary of the S.A.
DETENTIONS
Railway and Harbour Workers' Union and National Executive Committee member of SACTU, was detained on 18 November 1976. His wife Rita Ndzanga, was detained at the same time. He was charged in terms of the Terrorism Act on 28 December and remanded in detention. The police issued the following statement regarding Mr. Ndzanga's death: "He was detained on November 18, 1976 in terms of Section 6 of the Terrorism Act, and on December 28, charged with contravention of Section 2 of the Act in that ne was alleged to have recruited persons to undergo military train ing abroad. As awaiting-trial prisoner he was from December 12 detained in the Fort Prison in Johannesburg where he died on January 8, 1977 of a heart attack. The result of the post-mortem reads as follows: "Tuberculosis pleurisy - hydrothora - and acute myocarditio --7-afid cardiac failure (natural)". Mrs. Ndzanga wa's still in detention at the time of her hus band's funeral. Representations were made to the Minister of Police to allow her to attend the funeral. However, she was not released. She was subsequently acquitted of charges in the trial where her husband was due to be a co-accused. 1 Wellington Tshazibane Mr. Tshazibane (30), an employee of the De Beers-Lesotho Mining Company, was detained in terms of Section 6 of the Terrorism Act on 9 December. According to a statement released by the Minister of Police he had been held in connection with an explosion at the Carlton Centre in Johannesburg and jailed at John Vorster Square. While being interrogated on 10 Decem ber he said he was prepared to write a statement. He was supplied with paper and returned to his cell. At 6 a.m. on 11 December, the statement said, he was found dead in his cell, where he had hanged himself. "With him was found a state ment in which he cleared the police of all blame and admitted suicide." An inquest into his death commenced on 21 April. Police evidence bore out the above statement. The post mortem, con ducted by Prof. T. Taljaard, showed that apart from bruise marks around his neck, the only other injuries were laceration marks on both wrists. Police evidence was found that he was found hanging by a piece of blanket. The magistrate found that Mr. Tshazibane had committed suicide. George Botha Mr. George Botha (30), a Coloured teacher at the Patterson High School, Port Elizabeth, was detained on 10 December, in Mr. and Mrs. Ndzanga were both banned in 1964. They were both detained in 1969 and twice tried and acquitted of charges in terms of the Terrorism Act and the Suppression of Communism Act. They were again banned for five years after their acquittal.
A SURVEY OF RACE RELATIONS, 1977
terms of Section 22 of the General Laws Amendment Act. He was reported to have died on 15 December. The inquest into his death commenced on 3 May. Major Snyman gave evidence and said that he and Sgt. R. Prinsloo had taken Mr. Botha by lift up to the sixth floor of the Port Elizabeth Sanlam building where the security police offices were. Capt. D. P. Siebert, who had also interrogated Botha, gave evidence. As they left the lift, according to his evidence, Mr. Botha broke loose and jumped over the railing around the stairwell and fell to the ground floor. Asked why Mr. Botha would have committed suicide, Maj. Snyman said he may have been scared that the information he had given them would be used against him. Dr. G. J. Knoebel, a senior Government pathologist, gave evidence regarding examinations he made of samples of skin taken from wounds on Mr. Botha's body. Skin abrasions found on the shoulder, upper chest, right upper arm and armpit indi cated wounds inflicted probably two to six hours before death. Skin taken from his knuckle showed two wounds, one of which was at least three days old. Dr. B. Tucker, the pathologist who conducted the post mortem examination, agreed that these injuries were on the deceased before he plunged to his death. Dr. Cooper, for the Botha family, said that only the persons who interrogated Mr. Botha could explain how he received the injuries. In his findings the magistrate, Mr. J. Coetzee, said that the court was not able to judge how the injuries had been sustained because no relevant evidence had been presented. Police wit nesses had denied that any form of violence whatever had been inflicted on the deceased. The court found that Mr. Botha had died of a head injury sustained when he fell, which was not due to any offence committed by any person. The police witnesses had made a good impression, he said, and the court accepted their evidence in full. Nanaoth Ntshuntsha Dr. N. Ntshuntsha, a Soweto naturopath, was detained on 14 December 1976 in terms of the Terrorism Act. It was reported on 11 January that he had been found dead in the police cells at Leslie three days previously. Col. C. Coetzee, head of the East Rand security police, said he had torn a vest into strips and hanged himself. On 25 January Mrs. Ntshuntsha was still waiting for the body of her husband to be released by the police for burial. On the same day, in reply to a question in the Assembly, the Minister of Police admitted that a member of the Springs mortuary staff, a police constable, had made an incision in the body of Mr. Ntshuntsha prior to the post-mortem examin ation. "Initial investigations indicate that the incision was done
DETENTIONS
without explicit authority following a practice that has developed in some mortuaries. Further investigations are being instituted." he said.' As a result of the unauthorized incision, Dr. J. Gluckman refused to perform the post mortem on behalf of the Ntshuntsha family. Interference of the extensive nature involved could have "masked features" on the body, he said. In reply to another question in the Assembly on 25 February the Minister of Police said that an investigation into the incisions made on the body had been completed. The incision was made bona fide by an experienced mortuary assistant and no steps were warranted. Standing i tuctions that incisions should be made under the supervision of a pathologist or district surgeon had been brought to the notice of all mortuary assistants, he said. The inquest into Dr. Ntshuntsha's death opened on 15 Sep tember. Dr. Ntshuntsha was in solitary confinement at the time of his death after being questioned for three days by Springs security police. The state pathologist, Prof. J. van Jaarsveld, told the court he had examined the four-day-old corpse on 12 January. He determined that the cause of death was hanging. He said that the head had already been opened and there was an incision behind the ear. There was a 28 cm incision, roughly stitched up, about seven cm below the navel. There was also a small abrasion between one and one and a half mm long near the left temple. He said that he also found three small, round abrasions of three mm inside the left ear and a small abrasion of a different kind on the right ear. In addition there was a two cm mark on the front of the dead man's neck, stretching upwards on both sides behind the ears. Professor van Jaarsveld said the marks on the ears could have been caused by electrical contact, burns or what he termed "impression contact." He was inclined to think that "impression contact" had caused the marks. He said that they were not relevant to the man's death. "We are not entirely sure as to what caused these marks - I did not see enough evidence in these wounds to be able to say they were caused electrically."
Lt. P. Kruger who interrogated Dr. Ntshuntsha after his de tention said he had not been unwilling to talk. Mr. E. Wentzel, for the Ntshuntsha family, said there were several disquieting factors relating to the death. There was no explanation for him to hang himself, he said. There was no reason for a healthy man to take his life after co-operating with the police. He asked the court to return a verict of hanging in inexplicable circum stances. The magistrate returned a verdict of death by hanging, 1 Hansard 1 Q. col 10. 2 Hansard
5 col. 476.
156
A SURVEY OF RACE RELATIONS, 1977
probably suicide, and said that no living person could be held responsible. He said the court could not be certain from the evi dence as to how the marks on the ears were caused. Matthews Mabelane On 25 February Mr. Mabelane (23) fell to his death from the tenth floor of John Vorster Square. He had been detained in terms of the Terrorism Act. The inquest into his death opened on 30 May. Police evidence was that he had dashed for a window of the room in which he was being interrogated. He moved out through the window and walked along a ledge until he lost his balance and fell. The magistrate found that Mr. Mabelane had fallen to his death accidentally. Elmon Malele Mr. Malele (51) was detained in Soweto on 7 January in terms of Section 6 of the Terrorism Act after a series of explo sions occurred in a Klipspruit house. He was reported to have died in the Princess Nursing Home, Johannesburg on 20 January after undergoing two brain operations by a neuro-surgeon. A post mortem was held on the morning of 21 January before the Malele family could arrange to have a private pathologist present. In reply to a question in the Assembly, the Minister of Police claimed that Mrs. Malele had been informed of the date of the post mortem one day previously.' Police evidence at the inquest was that Mr. Malele had fain ted while being interrogated and had hit his head against a desk. According to medical evidence Mr. Malele died eight days later of hypertension and spontaneous haemorrhage. A State patholo gist did not find evidence of trauma as the cause of brain haemorrhage. D. E. Rosenberg, the neuro-surgeon called to attend Mr. Malele said in his affidavit that when he first saw Mr. Malele puncture wounds and abrasions were present on his scalp which he estimated to be about two or three days old. J. Taljaard, Gov ernment pathologist, said in a later affidavit that it was his opinion that the wounds could have been older than a week. The magistrate found that the death was not due to any act or omission by anyone and that Mr. Malele had died of hyper tension and spontaneous intracerebral haemorrhage. Samuel Malinga Mr. Malinga (45) was detained at his home in Soweto on 31 January. He was subsequently detained in Pietermaritzburg in terms of the Terrorism Act. He died on 22 February in the Eden3 Hansard 1, Q. col 31.
DETENTIONS
157
dale hospital. Professor I. Gordon, Government pathologist, con ducted the post mortem and found that he had died of natural causes "as a result of a disease process of the heart of fairly long standing, complemented by the development of changes in his lungs. Pneumonia was a final cause of death". Prof. Gordon claimed that his death would not have been hastened by detention. A legal spokesman for the family said that they did not dispute the post mortem findings but that Mrs. Malinga was not satisfied about her husband having contracted pneumonia while in deten tion. She believed that he had suffered unnecessary exposure to the elements while in detention.4 Aaron Khoza
Mr. Khoza (35) from Kagiso was detained on 9 December 1976 in Krugersdorp and subsequently transferred to Pietermaritz burg on 1 March where he died in his cell on the night of 26 March. According to the police he hanged himself. According to medical evidence at the inquest into his death, the cause of death was asphyxia as a result of pressure to the neck consistent with the history of hanging supplied by the police. Besides bruising on the neck there were no other wounds on the body, according to medical evidence. Police evidence was that Mr. Khoza was found hanging from the bars of his cell with a jacket fastened round his neck and to a window bar with two shoelaces. Various contradictions occurred in police evidence. Mr. Pitman, for the Khoza family, submitted that a finding of suicide was not justified because of a conflict of facts. He said that all that was known was that Mr. Khoza died of asphyxia. No evidence had been submitted regarding Mr. Khoza's state of mind and it appeared strange that in a normal frame of mind he should commit suicide. The magistrate found that Mr. Khoza had committed suicide and that the death was not due to any act or omission by anyone. Elijah Loza Mr. Loza (59) was detained in terms of the Terrorism Act on 27 May and held at the Victor Verster prison in Cape Town. He died in the Tygerberg Hospital on 1 August while still in police custody. His family was told he had suffered a stroke three weeks previously and had to be admitted to the hospital as a result. According to a statement issued on behalf of the Loza family, the family was not permitted to instruct their own doctor to see him after they had been informed of his stroke. The statement emphasised the fact that Mr. Loza was a healthy man before his detention. Post mortem results were reported to be con sistent with death as a result of a stroke. 4 Star, 25 February.
A SURVEY OF RACE RELATIONS, 1977
Phakamile Mabija Mr. Mabija (27) fell to his death from the sixth floor of the Kimberley police station on 7 July, 10 days after being detained in terms of the General Law Amendment Act. He had been detained in the vicinity of a stone-throwing incident in Vergenoeg, Kimberley and was due to appear in court on charges in terms of the Riotous Assemblies Act. Mr. Mabija was working as a Diocesan Youth Worker for the Anglican church at the time of his detention. The inquest into Mr Mabija's death opened on 1 August. Police witnesses alleged that he had run and jumped through a louvre window. The fact that the window through which he jumped had been the only one where the protective screens had been unlocked and open in the entire building became a major point of enquiry in the inquest. Police witnesses said it had been unscreened because of a bad odour in the room concerned. Mrs. Dana Mabija, mother of the deceased, gave evidence and said that when the police had brought Phakamile home during his detention to fetch a document, they had told him to bid good bye to his family as he would never see them again. She said her son was not the sort of person to take his own life. He was planning to marry his fiancee shortly. Police witnesses denied the possibility of his being thrown out of the window. It was alleged that he had been a member of the ANC. In his final address to the inquest court, Mr. J. Unterhalter, for the family, said there were elements in the evidence which did not allow the court to be completely satisfied as to the causes that led to Mr. Mabija falling through the window. He questioned the credibility of certain police witnesses. The magistrate found however that there was no carelessness or guilt on the part of the police and that it had been a deliberate and planned attempt to commit suicide by jumping through the window. Hoosen Haffejee
Dr. Haffejee (26), a dentist at the King George Hospital Durban was detained, according to police, on 2 August. He was found hanging in a Brighton Beach police cell the following morning. According to police he was held in custody in terms of the Criminal Procedure Act on a pending charge in terms of the Terrorism Act. A post mortem was conducted by Prof. I. Gordon, State pathologist. An independent post mortem was also held by a medical specialist and a private doctor and was also attended by Mr. Harry Pitman, M.P. for Durban North. Prof. Gordon found that death was consistent with hanging. Police had said that he had been found with his trousers knotted around his neck and attached to the cell door bars. According to family representatives
DETENTIONS
who had seen the body, very recent injuries (about 25) were present on the body. Many were not superficial. Colour photo graphs were taken of the body.1 It was reported in October that investigation into the death had been completed and a police docket had been sent to the Attorney-General. Bayempin Mzizi Mr Mzizi (62) was found hanging from a cell window bar in the Brighton Beach police cells on 13 August according to a police statement. Police said a strip of his jacket had been torn off and was tied to the cell bars with a noose around his neck. Col. F. Steenkamp, head of the Security Police in Durban, said that Mr. Mzizi was detained in terms of the Terrorism Act early in July. A post mortem conducted by Prof. Gordon showed that "death was consistent with hanging". The family of the dead man did not have a pathologist representing them at the post mortem. An inquest into the death opened on 13 December but was post poned at the request of the family until February 1978. Steve Biko Mr. Steve Bantu Biko (31) was detained on 18 August in Grahamstown in terms of the Terrorism Act while travelling in the company of Mr. Peter Jones, a BPC organizer who was also detained. He died on 12 September. The Minister of Police, Mr. Jimmy Kruger, announced his death on 13 September and said he had refused to eat and drink since 5 September. Speaking at the Nationlist Party Congress on 14 September Mr. Kruger made various comments about the events surrounding Mr. Biko's death. He claimed that Mr. Biko had been left alone in prison on 12 September because prison personnel were afraid of being accused of mistreating him. On 16 September Mr. Kruger denied that he had ever stated that Mr. Biko had starved himself to death in prison. Mr Biko's death was widely mourned in S.A. and drew condemnation from within and outside the country. Over 15 000 people, including diplomatic representatives of the major western powers, attended his funeral in King William's Town. The SA Institute of Race Relations issued the following statement after his death: "We mourn the death of Steve Biko. We deplore the law that permitted it. We consider the Minister's explanation inadequate. We demand an immediate enquiry before a judge. Nothing less will satisfy the people of S.A."' Mr. Donald Woods, the subsequently banned editor of the Daily Dispatch and friend of Mr Biko, addressed protest meetings regarding the death at various English-speaking universities around the country. About 1 Sunday Tribune, 7 August. 1 R.R. 117/77
A SURVEY OF RACE RELATIONS, 1977
1 200 University of Fort Hare students were arrested on 15 Sep tember for holding an illegal gathering to'honour Mr. Biko. Calls for a full judicial enquiry into Mr. Biko's death, rather than a routine inquest were widely published in the press. An autopsy into Mr. Biko's death, headed by chief State pathologist, Professor Loubser, started on 14 September. Doctors attending the autopsy included Dr Gluckman, representing the Biko family. The Biko family was represented at the inquest by Mr. S. Kentridge (S.C.), assisted by Mr. E. Wentzel and Mr. G. Bizos and instructed by Mr. S. Chetty. The police were repre sented by Mr. R. van Rooyen. The doctors involved in the case as well as the prison authorities were also represented by counsel. The inquest lasted 15 days with extensive evidence being presen ted and cross-examination. Only the main issues raised during the inquest are reported below. According to the autopsy report presented by Dr. Loubser, Mr. Biko died as a result of brain injury consisting of three main lesion areas. Resulting centralization of the blood-circulation had led to acute kidney failure. There were slight injuries to the left of the chest wall and to the anterior abdominal wall. Other injuries consisted of various superficial skin abrasions between 12 hours and eight days old. There was a cut on the top lip and on the left forehead. Early in the inquest, counsel for the Biko family submitted transcripts of various statements regarding Mr. Biko's death by the Minister of Police. The transcripts were intended to show that the Minister was given false information regarding Mr. Biko's death, as part of a police cover-up, said Mr. Kentridge. The magistrate ruled that they were inadmissable. According to police evidence Mr. Biko was held from the date of his detention until 5 September in the Walmer Street Police cells, Port Elizabeth, before being transferred on 6 Sep tember to the Security Police offices for interrogation. Mr. Biko was kept naked while being held at the Walmer Street police station in order to prevent him hanging himself with his clothes, police said. He was not allowed any outdoor exercise during the 18 days he was held there, contrary to prison regulations, on instructions from the security police. He was visited once by a magistrate in his prison cell. The magistrate said Mr. Biko had complained of being kept naked and that he was given only bread to eat. While he was in the security police office Mr. Biko was chained in leg irons and hand-cuffs. Police witnesses said it was normal practice to keep detainees in leg irons although this was not marked in the occurrence book as required by standing orders. Major H. Snyman led the five-man interrogation team that began questioning Mr. Biko on 6 September. At 6 pm a night squad of three men under Lt. Wilkens took over to guard Mr.
DETENTIONS
Biko while he was chained in the office. Under cross-examination Lt. Wilkens denied that he and the two warrant officers with him interrogated Mr. Biko during the night, although Mr. Biko said he would give them a statement but fell asleep later. Lt. Wilkens said he had noticed a mark on Mr. Biko's forehead when he went on duty. According to evidence by Major H. Snyman, Mr. Biko be came violent on the morning of 7 September after being presented with certain facts regarding his involvement in compiling and distributing a "black power" pamphlet, and had to be subdued by the entire interrogation team. In the scuffle that ensued, Mr. Biko hit the back of his head against a wall, said Major Snyman. Mr. Kentridge pointed out that this incident had not been men tioned in any of the 28 affidavits made by doctors and policemen involved in the case. Major Snyman had noted the incident in the police station occurrence book on 8 September. After the alleged scuffle Major Snyman called Col. Goosen, divisional commander of the Security Police to see Mr. Biko. He noticed a swelling on Mr. Biko's lip. He had a wild expression and refused to talk. Dr. Lang, the district surgeon, was called to see him. After examining Mr. Biko, he signed a certificate at Col. Goosen's request stating that he found "no evidence of abnormal pathology" on Mr. Biko. Under cross-examination Dr. Lang admitted that the certificate was incorrect because Mr. Biko had refused water and food, was weak in all four limbs, had a laceration on his lip, a bruise near his second rib, swollen feet, ankles and hands and slurred speech and could not walk properly. Dr. Lang said that Col. Goosen had suggested to him that Mr. Biko could be shamming. On the following day, 8 September, Dr. Lang and Dr. Tucker the chief district surgeon, examined Mr. Biko together. Mr. Biko was still in leg irons, lying on a mat in the office. They found on examination that his blankets were wet with urine. The doctors recommended that he be removed to the Sydenham Prison hos pital after finding that he had a "possible extensor plantar re flex", 1 so that a specialist could examine him. Mr. Biko com plained of a headache. Dr Hersch, a physician, saw Mr. Biko at the prison hospital. Dr. Lang repeated to him the police allegation that Mr. Biko had behaved in a similar way during a previous period of deten tion. Dr. Hersch found that Mr. Biko was suffering from echola lia.' A lumbar puncture was conducted. A neuro-surgeon, Mr. Keely, was consulted and said that Mr. Biko should be sent for 1 An uoturning of the toes
indicating nervous system malfunction which could result from
brain damage. 2 A symptom whereby a patient repeats everything he hears.
A SURVEY OF RACE RELATIONS, 1977
observation. Col. Goosen refused to allow Mr. Biko to go to the Livingstone Provincial Hospital for observation. Mr. Biko was sent back to his prison cell on 11 September. The spinal fluid from the lumbar puncture was sent for analysis under a false name to the SA Institute for Medical Re search. Dr. Hersch could not say who had marked the sample with a false name. Dr. Hersch had subsequently signed a bed letter saying the lumbar puncture test was normal. However under cross-examination he admitted that the test had shown there were red blood cells in the sample indicating abnormality. It was revealed later in the inquest that the medical institute had declared the liquid "clear" although according to the high number of red cells recorded this could not have been so. Dr. Tucker admitted under cross-examination that the in terests of his patient had been subordinated to the interests of security. He was called to see Mr. Biko again on Sunday 11 September after he had been returned to his police cell. Col. Goosen told him Mr. Biko had collapsed and he was lying on the floor in "an apathetic condition". He had froth at the mouth and was hyperventilating. Dr. Tucker said he should be admitted to hospital and Col. Goosen insisted he should go to Pretoria for treatment in a prison hospital. The Biko family was not informed at any stage of Mr. Biko's health or the fact that he was being transferred to Pretoria. Mr. Biko was in a state of semi-coma when he was helped to a police land rover and was placed naked on cell mats on the vehicle's floor with blankets over him. A bottle of water was provided for him. When Mr. Biko arrived in Pretoria he was carried to a prison cell. Dr. A. van Zyl examined him at 3 p.m. on 12 September without having received the patient's medical history. No one had told him Mr. Biko's case was urgent. He said that when he examined Mr. Biko he was very sick and comatose. He was lying on mats on the cell floor. He was given an intravenous drip and vitamin injection. During medical evidence Prof. Loubser said that the five distinct areas of brain lesion suffered by Mr. Biko could have been caused by one blow through a series of contra-coup lesions resulting from the blow. Prof. Procter, the country's top neurolo gical pathologist, claimed that at least three blows were needed to inflict the brain injuries. Dr. Procter said that considering the number, extent and nature of the lesions in the brain he believed that Mr. Biko had been rendered unconscious at the time of receiving the injuries. In his final address to the court Mr. Kentridge submitted that one or more members of the Security police were responsible for Mr. Biko's death. He criticized the investigating officer, General Kleinhans, for not conducting a thorough investigation and for not subjecting Col. Goosen and others to any real examination. The
DETENTIONS
State prosecutor and counsel for the police had not assisted with testing evidence in court and this had been left entirely for the family counsel to do. He said that in order to prevent the disclosure of their assault on Mr. Biko, the police had entered into a conspiracy of silence. The doctors had also been drawn into this conspiracy. Police witnesses had given false evidence regarding events on 6 and 7 September. Medical evidence had shown that the scuffle as described by the police could not have caused the injury. The court should also take into consideration the treatment given to Mr. Biko in detention which indicated the attitude of the police. The undisputed assault on his dignity and the callous disregard of his human rights were highly relevant in assessing the evidence, submitted Mr. Kentridge. Col. Goosen had misled the doctors by repeatedly suggesting that Mr. Biko was shamming. Even in Pretoria, although he had to be carried into prison, the Port Elizabeth security police that transported him tried to persuade prison officials that he was shamming. Mr. Kentridge said that evidence showed Mr. Biko went into the interrogation room alive and well but by 7 a.m. on 7 September he was a physical and mental wreck. The eight policemen in whose charge he had been over this period had been unable to explain how Mr. Biko received his injuries. No other member of the five-man squad besides Major Snyman had been prepared to say that Mr. Biko had hit his head during the scuffle. According to medical evidence Mr. Biko must have suf fered unconsciousness for at least ten minutes but the police account of the struggle completely excluded a period of uncon sciousness. Turning to the role played by the Port Elizabeth doctors, Mr. Kentridge said "The relationship of the district surgeons to Col. Goosen was one of subservience, bordering on collusion. Their obvious neglect of their patient's interests and their deference to the requirements of the Security Police was a breach of their professional duty which may have contributed to the final result." Dr. Lang had written a false medical certificate "to keep Col. Goosen's records straight" and later a false bed letter had been written after the lumbar puncture test. The doctors attended to a man lying on a mat in shackles and left him there without any change. Mr. Kentridge submitted that the inquest had exposed grave irregularities and misconduct in the treatment of a detainee. It had incidentally revealed "the dangers to life and liberty involved in the system of holding detainees incommunicado. Any verdict which can be seen as an exoneration of the Port Elizabeth police will unfortunately be widely interpreted as a licence to abuse helpless people with impunity," said Mr. Kentridge. Mr. Van Rooyen for the police, accused Mr. Kentridge of
A SURVEY OF RACE RELATIONS, 1977
alleging assault without any evidence. It was important to assess the knowledge the police had at the time of the incident. No one had noticed Mr. Biko's head injury. Col. Goosen had done his utmost to look after the detainee. Mr. Van Rooyen said it would be a "travesty of justice" if the court relied on medical evidence rather than police witnesses. He said that contradictions in police evidence showed that there was no planned cover-up. Col. Goosen had been led to believe by the doctors that Mr. Biko was well enough to go to Pretoria. The police had not been involved in any act or omission which led to Mr. Biko's death, he submitted. The magistrate delivered a three minute verdict the following day. He found that no one was criminally responsible for Mr. Biko's death. He said the head injury had probably occurred during the scuffle on the morning of 7 September. Mr. Prins did not deal with any of the arguments presented by counsel for the Biko family. The finding was greeted with dismay by spokesmen within the country and overseas. Renewed calls were made for a full scale judicial enquiry into methods of interrogation under the Terrorism Act as well as a Medical and Dental Council investiga tion into the relationship between district surgeons and the security police. The magistrate, Mr. Prins, said he would read the entire inquest record before he decided whether to send it to the Medical Council, for possible action against the doctors. Lawyers for the Biko family revealed that Mrs. Ntsiki Biko would issue summons against the Minister of Police and the Minister of Health to claim damages for the death of her husband. The Minister of Health would be held responsible for the conduct of the district surgeons. It was also reported that Mrs. Biko was considering lodging a complaint against the doctors with the SA Medical and Dental Council. Legal observers including Prof. M. Weichers of UNISA and Prof. J. Dugard of the University of the Witwatersrand commented that while in terms of the inquest law the magistrate might be justified in submitting a terse verdict, "where the reputation of SA justice is at stake, more is required."' Sipho Malaza Mr. Bonaventura Sipho Malaza (18), a Kagiso high school pupil, died in detention on 16 November in Krugersdorp. He had been held in detention since 1 July. Police told his family that he had hanged himself with his belt in his cell. COMMENTS ON DETENTION WITHOUT TRIAL
On 23 February Mr Kruger, Minister of Police, held a press conference in response to public disquiet and calls for a judicial I
Sunday Express, 4 December; Sunday Times, 4 December.
DETENTIONS
inquiry into deaths in detention.2 During the conference Mr. Kruger said that some suicides in detention were due to psycholo gical factors. In other cases the detainee followed the instructions of the Communist Party and some happened because the prisoner feared interrogation for rape or theft. He said that to avoid suicides, the police were considering shifting the interrogation rooms to ground floor level. Other methods being considered were the use of leg irons, straight-jackets and whether detainees should be allowed clothes which could be torn into strips to be used as ropes in cells. He said all interrogation rooms had been fitted with bars after 1971 but sometimes other rooms were used when there were not enough with bars. Asked whether the harshness of in terrogations had led to the suicides Mr. Kruger said that he was satisfied the Security Police understood their instructions and that "they are aware we won't stand for any abuses . . . There must
be a certain amount of trust in a man's seniority and experience." He said he was satisfied there were adequate channels for de tainees to complain because magistrates visited them every two weeks. He refused to appoint a full scale judicial commission of enquiry into deaths in detention and there was a "full judicial enquiry into each case." In response to the Minister's conference Mrs. Suzman, PRP, justice spokesman, stated that "The root problem is the legislation which enables the Minister of Police to hold people in solitary confinement and interrogate them and I have no doubt that with out this legislation detainees would not have succumbed-for the normal processes of law in themselves provide protection". She said that a judicial inquiry could investigate the totality of the situation rather than only individual cases.' General Van den Bergh, head of the Bureau of State Security, interviewed on television on 6 March, said he was of the opinion that no police action had anything whatsoever to do with a detainee's decision to commit suicide. He said that it was in the interrogator's interest that the detainee should remain alive and well in order to be used as a witness.' In April the SA Institute of Race Relations issued a statement after the death of Mr. Aaron Khoza in which it reiterated that only a free, open judicial commission of enquiry into the deaths could allay the anxieties and suspicions that resulted from the deaths.t Speaking in the Assembly in June Mrs. Suzman said the Terrorism Act was being used ruthlessly and with abandon on people who were not terrorists. She said scores of children had The press conference is fully detailed in The Administration of Security Legislation in South
Africa, SAIRR, April 1977, pp. 63-8. Star, 24 February. 2 Star, 7 March. I
I RR. 35177.
166
A SURVEY OF RACE RELATIONS, 1977
been held in solitary confinement under Section six and often charged eventually with minor offences. She mentioned the case of 86 school pupils from Kagiso of whom 53 were under 18 years and seven under 13. All were detained and subsequently acquitted. MP's warned that the use of detention without trial was driving people to violence and hate. Mrs. Suzman pointed out that accord ing to records kept by the Institute of Race Relations 471 were in detention at the end of March. Of these, 33 had been held for more than a year, 29 for nine to 12 months and 115 for six to nine months. Mr. Bell (UP) asked the Minister of Police to institute a commission of enquiry into deaths in detention because of "the allegations that are rife . . .of the bad treatment that is given to prisoners while they are incarcerated in gaol, particularly those 4 held under the security laws." In August the Institute again issued a statement in which it noted that at least 16 people had died in detention since March 1976 and that 579 persons were currently believed to be in deten tion. It noted that inquests into a number of the deaths had been inconclusive and "a definite belief prevails amongst relatives and friends of the detainees . . . that these deaths have resulted from the system of persistent interrogation in solitary confinement.' The Institute repeated its call for a commission of enquiry into conditions of detention. It was reported in May that the president of the International Committee of the Red Cross had visited S.A. and held discussions with the Prime Minister and Minister of Police and Prisons. The Governmefit continued to refuse the committee access to security detainees without a magistrate being present.6 (See section on
prisons.) Following the death in detention of Mr. Steve Biko, the present and past chairmen of the Johannesburg Bar Council issued a statement on 22 September in which they called for changes to the Terrorism Act to permit regular and frequent visits to a de tainee by a lawyer, a private doctor or other representative of his family under police supervision, if necessary. The statement said the Government had insisted that circumstances necessitate detention without trial. The signatories' pointed out that the proposed reforms would not make detention without trial accept able but would go some way to protect the lives and physical safety of detainees. They pointed out as long as a system of detention without trial was maintained there would continue "to be deaths and complaints of ill-treatment of detainees and, how ever much the authorities seek to explain such deaths or deny 4 5 6 7
Hansard 19 cols. 9291-9318. RR. 99!77. Su 'day Timei, I May. J. C. Krieaier SC, 1. A. Maisels QC, N. Philips QC,S. Kentridge SC, W. H. Schrciner SC, J. f. Coaker SC and Mr. A. Chaskalson SC.
DETENTIONS
the allegations of ill-treatment, the very secrecy of the system will perpetuate public suspicion and alarm. The statement said it was true that under the Act magistrates could visit detainees 'if cir cumstances so permit', but the magistrate has neither the power nor the duty to take any action against the officers who may be responsible for alleged irregularities nor to reveal any complaints to the detainee's family.8 The statement was supported in a letter signed by seven members of the Faculty of Law at the University of Stellenbosch,9 The Natal Society of Advocates issued a statement proposing that judges, with powers to act if and when necessary, be allowed to visit detainees, as well as district surgeons with the obligation to inform family if the detainee's health worsened. The Society agreed with the Johannesburg advocates in believing that the existing safeguards in Section 6 of the Terrorism Act were in sufficient.' 0 Sixteen staff members of the Faculty of Law at the University of the Witwatersrand also sent a letter to the Minister of Police asking for reform to allow visits to detainees by doctors and legal representatives."' In October representatives of the law societies of the Transvaal, Natal and OFS met the Minister of Police, Mr. Kruger, to discuss the deaths of detainees. According to a statement issued after the meeting, Mr. Kruger "undertook to consider the matter and to investigate the representations made."12 The Annual Conference of the Methodist Church called on the Minister to amend legislation to allow ministers of religion 13 to visit security detainees. DETENTIONS IN TRANSKEI
According to the Institute's records at least 24 people de tained since Transkei independence were still held in detention by the end of November. Rev. Prince Ntintile, secretary of the Transkei branch of the Bible Society of S.A. was detained in October after organizing a multi-racial memorial service for Mr. Steve Biko. Mr. Fikile Bam, a law graduate was detained in November. Mr. Job Mkrola, former Minister of Roads and Works in the Ciskei was detained on 6 November. Mr. William Malefane, chairman of the South-Sotho Central Committee was detained in May. Police said he would appear in court as soon as possible. Rev. G. Mposwela was detained in August. The Rev. M. Xundu was detained in Umtata on 26 October. He was reported to be an active BCP member. 8 Rand Daily Mail, 23 September. 9 Star, 26 September. Natal Mercury. 12 October. 11 Rand Daily Mail. 15 October. 12 Star, 25 October. 13 Star, 27 October. 10
A SURVEY OF RACE RELATIONS, 1977
It was reported in December, 1976 that a Mr. T. Mosala had been found dead early on 29 November in the Butterworth Prison cells. He had been detained in terms of Proclamation R400. It was reported that he had been arrested with Chief Neo Sibi, soon after Transkei Sothos began agitating for secession to Qwa Qwa. The post mortem results were not available and no further reports appeared in the press. BANNING OF ORGANIZATIONS
On 19 October the Government declared 18 organizations to be unlawful in terms of the Internal Security Act. 14 Seventeen of them were black consciousness organizations. (See Section on Black Political activity.) In addition the Christian Institute of S.A. and its monthly publication, Pro Veritate, were banned. The World and Weekend World, the country's two largest circulation black newspapers were also banned. (See Section on Control of Media.) The Minister of Police said that the banned publications and organizations had been used by "organizers" for the creation of a revolutionary climate. He said that committees consisting of a regional magistrate and two other "jurists" had been appointed under the Internal Security Act to produce factual reports concern ing certain organizations and publications. Speakers condemned the fact that secret reports had been gathered on the banned org anizations without their being able to defend themselves. Such action constituted a series of "secret trials."' The S.A. Institute of Race Relations called a public protest meeting after the bannings at which 300 attending adopted a reso lution condemning the bannings as "an act of ruthless tyranny *
.
. an act insensate in its stupidity, tragic in its dimensions and
incalculable in the harm it does the people of this country and the Republic's international relationships." The action, the statement continued, was likely to drive people to complete despair and a fatalistic resignation to the inevitability of violent confrontation. 2 Other protest meetings against the bannings were held in different parts of the country. Sixty-two students from the Uni versity of the Witwatersrand were arrested after they left a mass meeting to march to the Braamfontein post office distributing pam phlets, and intending to send telegrams of protest to the Minister of Police. On 23 October the Minister of Police said that the banning of the organizations was permanent although the ban on the news papers could be revoked if unrest stopped. 3 In terms of the In ternal Security Act a regional court magistrate was appointed liquidator of the assets of all the banned organizations. All the ,4 Notices contained in Government Gazette No. 5784, 10 October. 1 Ibid., 22 October. 2 RR. 136/77. 3 Star, 24 October.
DETENTIONS
assets of the organizations were frozen for six months. In terms of the act the Minister of Police is empowered to designate to which charitable or scientific organizations the remaining funds should be paid after all debts had been settled. The press estimated that the assets of the organisations approximated Ri-million. 4 It was reported that the Department of Health would take over the BCP maternity home near King William's Town although the fate of the organization's health clinic was still doubtful.' Over 1 000 patients in Soweto had been stranded because the BCP's mobile clinic was no longer operating.' DETENTIONS OF 19 OCTOBER
In the police swoop throughout the country on 19 October prominent leaders in the black community were detained and placed in preventive detention in terms of the Internal Security Act. Although it was not itself banned, all the members of the Soweto Committee of Ten were detained. 7 The following BPC members were detained - Mr. K. Rachidi, president, the Rev. Drake Ntshenkeng, vice president, Mr. George Wauchope, Johan nesburg regional chairman, Mr. Jarius Kgokong, executive mem ber, Mr. Aubrey Mokoena, Mr. Kenny Matime, Mr. Thabo Se hume, Mr. Raymond Ramapepe, Mr. Sadeque Variava, Mr. Vuyi sile Maleleni and Mrs. Nosidima Pityana. Mr. Percy Qoboza, editor of the World, Mr. Aggrey Klaaste, news editor of the Weekend World and Miss Thenjiwe Mtintso, formerly of the Daily Dispatch were also detained. Among the others detained were Mr. Curtis Nkondo and Mr. Fanyana Mazibuko, members of the Soweto teachers' action committee of six, the Rev. S. Mangaliso Mkhatshwa of the Catholic Bishops' Conference, Mr. Mongezi Stofile, past president of SASO and Mr. Hanif Vally of the Wits Black Students Association. It was believed that a total of 47 people had been placed in preventive detention in terms of the Internal Security Act. The majority of those detained were held at Modderbee prison, Springs. BUREAU OF STATE SECURITY
In an interview in July Mr. Alexander van Wyk, deputy head of the Bureau, said that the organization had undercover agents operating in Britian, America and other countries. He said that the security police handled internal security while the Bureau looked after external security. The Bureau was concerned with gathering information and Mr. Van Wyk rejected allegations that 4
Rand Daily Mail, 28 October.
5 Ibid., 26 October. 6 Ibid., 22 October.
7 Dr. N. Motlana, chairman, Mr. L. Mosala, Mr. L. Matbabathe, Mr. D. Lolwane, Mr. V. Kraai, Mrs. E. Khuzwayo. Mr. T. Mazibuko, Mr. T. Manthata, Rev. M. Mayathula, Mr. Ramakgopa.
170
A SURVEY OF RACE RELATIONS, 1977
the Bureau was involved in any activity linked to the Jeremy Thorpe affair in England. He said that the Bureau was seldom interested in people inside S.A. and that it only tapped telephones if persons were a threat to State security.' The Episcopal Church in the US instituted action to require the US government to reveal any links with S.A. BOSS agents.' THE SECURITY POLICE
In November Mr. Donald Card, a former security policeman, published an article in which he outlined how easy it was for untested reports by security policemen to be used as the basis for security action against individuals. Uncorroborated reports by security policemen could not be checked in the same way as state ments by witnesses in court. The effect of this system was that it was possible "for decisions to be made by the security police on the basis of faulty information." The banning of his friend, Mr. Woods, could have been decided on the basis of such information. He called for people to be placed on trial rather than punishing them on the basis of certain people's opinions.3 POLITICAL VIOLENCE AND SABOTAGE
During the year under review various incidents of sabotage and violence as well as evidence in security trials indicated that political groups were spreading their underground operations with in the country, recruiting individuals, gathering arms and, in a few cases, attacking installations or persons. Police statements during the year also indicated an increase in such activities. The Minister of Police announced in January that top leaders of the banned ANC had been arrested in country-wide police swoops.' The twelve persons accused in the Pretoria ANC trial which com menced later in the year were alleged to have been ANC organ izers. (See account of trial below). On several occasions during the year, the police reported that they had captured caches of arms or explosives and made related arrests. Members of alleged "sabotage cells" were detained in Soweto and Graaff-Reinet during January and February.2 Arrests were also made of recruits leaving the country, allegedly for military training, or returning. In June three youths used automatic rifles in an attack on a group of persons in a warehouse, Goch Street, Johannesburg. Two people were killed in the attack and two of the youths were arrested and subsequently brought to trial. (See above.) It was 1 Sunday Times, 24 July.
Rand Daily Mail, 6 August. Rand Daily Mail, 4 November. I Rand Daily Mail, 25 January. 2 Star, 28 January; Rand Daily Mail, 18 February. For detailed accounts of other arrests see Sunday Tribune, 2 October.
2 3
POLITICAL VIOLENCE
reported that the attack was an unplanned panic reaction because police were following the attackers. Three days later the railway line between Umlazi and Durban was blown up. At the same time an ANC pamphlet bomb also exploded in Johannesburg. The Minister of Police said the incidents could have had the same origin.' In June the police reported they had detained a total of eight persons in connection with the Goch Street shooting. Police alleged that the people detained had left the country after June seized 1976 and received armed training in Angola. Arms were 4 Pretoria. near and people detained in African townships The Security police confirmed in June that they were under taking a nation-wide investigation into suspected activities by the PAC. A large number of former PAC members were detained and interrogated in connection with the investigations.' Police reported in August that they had broken an under ground ANC network preparing to stage urban attacks. Caches and Natal, of Russian-made arms were discovered in the Transvaal as well as organization bases in Southern Natal.6 The police re vealed that informers who had infiltrated underground training groups had played an important role in breaking the network.' Two ANC pamphlet bombs exploded in Cape Town in Sep tember. At the same time an ANC banner was hung from a building in Strand Street.' Also in September an African Security policeman from Durban, Sgt. L. Nkosi, was killed by gunmen who were later reported to have been sent by the ANC. The police man had been involved in investigations leading to the Pieter maritzburg ANC trial. No arrests were reported. The Commissioner of Police announced on 27 September that two men had been detained at Mafeking station in possession of a variety of weapons and explosives. They were apparently on their way from Botswana to Johannesburg. Towards the end of September in Soweto, a man was shot dead and two policemen wounded when police raided a house in Klipspruit as part of an investigation into underground activity. Firearms and explosives were seized.1 The shot man was alleged to be part of a cell return ing from training outside the country to start a campaign of urban guerrilla warfare. Other members had been detained at the Swazi land border.2 In an interview in October, the Minister of Police alleged that guerrilla fighters used transit camps in Botswana and Swaziland when they returned from training camps in Nigeria, Mozambique 3
Star, 14 June.
4 Star, 28 June.
5 6 7 8 1 -
Rand Daily Mail, 23 June. Star, 29 August. Sunday Times, 4 September. Cape Times, 8 September. Star, 26 September. Star, 27 Settember.
A SURVEY OF RACE RELATIONS, 1977
"and other places." Both the Swaziland and Botswana govern ments strongly denied that their countries provided bases or transit facilities for anti-S.A. government activities.' In November police reported that a skirmish occurred between policemen and two guerrilla fighters near Pongola, Natal. One of the fighters was killed and a policeman injured. Police alleged that the two had been surprised by police while storing explosives and other equipment in a hut. Police said they had received training in Angola and returned to S.A. via Swaziland. On 24 November a bomb, later reported to be made of between two and four kg of high-grade explosive, exploded in the Carlton Centre, Johannesburg. Seventeen people were injured in the blast and damage was estimated at R60 000. At the time of going to print there was no indication of who was responsible for the blast. RIGHT WING INTIMIDATORY AION
Incidents of intimidatory action against individuals or groups identified as government critics continued to occur during the year under review. In January Mr. Eric Abraham, a banned Cape Town journalist, fled the country after receiving death threats over the telephone from a person calling himself "Scorpio". In February three petrol bombs were thrown at the Johannesburg home of Mr. Peter Kearney, a church community worker, and Archbishop D. Hurley of Durban received anony mous death threats over the telephone. Police placed patrols around his home. In March a petrol bomb and several bricks were thrown at the Johannesburg house of Mrs. V. Weinberg, a banned person. In June the Rev. David Russell received death threats over the phone from "Scorpio". In September a petrol bomb was thrown at the home of Mr. Percy Qoboza, editor of the World.4 The wife of Dr. Alex Boraine, PFP MP, received a death threat in September. The same day a tear gas bomb was thrown into a meeting in the Rondebosch Town Hall held to protest against the death of Steve Biko. In November the five year old daughter of Mr. Donald Woods, banned editor of the Daily Dispatch, had to receive medical attention after wearing a shirt impregnated with an acid irritant which had been posted to the family. In December a volley of shotgun blasts was fired through the front door of banned sociology lecturer, Mrs. Fatima Meer, in Durban. Her guest, Mr. Z. Goba, received two wounds in his shoulder. Two cars belonging to the Meers were set on fire. Police investigations in all the above cases were inconclusive at the time of going to print. 3 Star, 7 October; Rand Daily Mail, 6 October.
4 Mr. Qoboza was unable to indicate whether he suspected the attack to have right wing or politically radical origins.
173
CONTROL OF THE MEDIA STATISTICS ON CONTROL OF PUBLICATIONS: 1976
According to the 1976 Annual Report of the Publications Appeal Board and the Directorate of Publications' the following statistics reflect their activities during the year: (a) Publications or objects submitted for examination by 177 .................... members of the public 971 ...................... by customs officers 200 ... .... .... ... ... ... .. I by publishers 562 ... ... .... ... .... ... ... ... by the police 34 ...................... by the Directorate 1944 ................................. Total 1141 (b) Of these, those decided undesirable ............. 726 those decided not undesirable ................ 77 ......... under consideration on 31 December 61 ... (c) Films examined and rejected .............. 249 unconditionally approved .................... approved subject to excisions and/or age restric 379 .... ... ... ... ... ... ... ... ... ... tions 5 toto rejected in and considered (d) Public entertainments 9 approved unconditionally .................... 7 approved conditionally ... ... .... ... ... ... (e) Periodicals of which every edition was declared un 46 ... .......... ............... desirable (f) Publications or objects, the possession of which was 240 ... prohibited2 . . . . . . . . . . . . . . . . . ... (g) Appeals to the Publications Appeal Board against decisions that publications were undesirable: Set aside Set Decision conditionally aside confirmed 2 Publications or objects 29 2 23 Films3 1 Public entertainments against of Publications or Director (h) Appeals by the Minister decisions that publications were not undesirable Set Confirmed Decision aside confirmed conditionally 4 Publications or objects 7 3 Films 1 R.P.
1611977. When publications are declared undesirable their distribution is prohibited. However a publication can, in addition, be banned for possession. 3 Includes appeals against conditions imposed.
2
A SURVEY OF RACE RELATIONS, 1977
(i)
Publications declared undesirable submitted for review Decided not Again Approved conditionally decided Undesirable undesirable Publications or objects 16 8 Films 2 25 54 In addition 96 applications for the variation or deletion of conditions imposed on films were granted, 54 of them par tially and three were refused. According to the consolidated list of publications banned during4 1976, their bannings were in terms of the following provisions: (a) 721
(b)
8
(c)
(d)
3
(e) 239 (a) together with other sub-sections (e) together with other sub-sections (a) and (e) ... .... ...... other combinations ................
... ... ...
89 71 6 4
PUBLICATIONS AMENDMENT ACT, No. 79 OF 1977
The Act amended a variety of sections in the Publications Act, 1974 and extended the scope of its operation in some areas. The following were the more noteworthy amendments introduced. The provisions in the principal Act which exempted technical religious, scientific and professional publications from the control of the Act, were abolished. A section was inserted prohibiting publishers from taking circulation figures of banned issues into consideration when determining tariffs for the placing of adver tisements. Advertisements relating to any banned publication, en tertainment or article were prohibited. It was made an offence to prejudice, influence or anticipate the decision of the directorate or its committees. In the case of appeal against the imposition by a committee of conditions on the showing of a film, the board was empowered to impose additional or fresh conditions whereas pre viously it could either delete or confirm conditions. The list of people from whom publication committees can be selected, as well as the advisory committees appointed by the Coloured Repre sentative and the Indian Councils are to be compiled every three 4 GN 602 in Government Gazette 5512 of 15 April. A publication is banned if any part of it (a) is indecent or obscene or is offensive or harmful to public morals.
(b) (c) (d) (e) (f)
is blasphemous or offensive to the religious convictions of any group; ridicules any section of the population; is harmful to the relationships between sections of the population; is prejudicial to the safety of the State, the general welfare or the peace and good order. Section 47 (2) of Act No. 42 of 1974, as summarised.
175
CONTROL OF THE MEDIA
years rather than annually as previously. The control of the Act was extended to publications prohibited by the former Publica tions Control Board.' Newspapers registered in terms of the News paper and Imprint Registration Act instead of, as previously, those who are members of the Newspaper Press Union, were exempted from the Act's provisions. Other amendments were made relating to the administration of the Act. The passage of the amendment Bill was strongly opposed by the UP and PRP. Mr. L. Murray (UP) condemned the provision prohibiting public debate about publications under consideration. People could not be expected to know when publications were under consideration by committees.2 Speakers said the provisions of the Act would place additional burdens on scientific writers, and stultify literary expression in S.A. In the Senate the PRP called for a division on each of the Bill's clauses during the com mittee stage. MATTERS
RELATING
TO
THE
ADMINISTRATION
OF
THE
PUBUCATIONS ACT
In March the Minister of the Interior announced that a list of 256 persons appointed in terms of the Publications Act serve as members of Publications Committees for the year starting 1 April. He said that over 350 persons had been nominated or had applied to be included in the list and that it was pleasing to notice that more English-speaking people than previously had indicated that they were interested in serving on publication committees. It was therefore possible to increase the number of English speakers on the list.' The Star claimed that judging from the names of the appointees about 45 of them were English-speaking.2 The Directorate of Publications noted in its annual report that 28 periodicals issued by student bodies at universities had been declared undesirable during 1976. In nine instances possession of the periodical was prohibited. All subsequent issues of two such periodicals were declared undesirable.' From January to August 1977, 42 student publications, pamphlets and posters were de clared undesirable.2 The student newspaper of the University of Stellenbosch noted in August that in view of the action of the Publications Board it was difficult to interpret the bannings "as anything other than a determination to close all channels left to students to voice critical or penetrating opinions". The repeated bannings had a "crippling effect on student editors because they are compelled to undertake self-censorship". I
In terms of the repealed Publications and Entertainments Act, 1968.
2 Hansard 12 col. 5442. 1 Departmental Press Release. 2 Star, 2 March. 1 RP. 16/1977, p. 17. 2 Cape Times, 3 August.
3 Die Mate, 15 August.
A SURVEY OF RACE RELATIONS, 1977
A statement issued by seven student editors in August claimed that the measures of the Publications Directorate aimed to control thought at English language campuses and formed part of the attempt by the Nationalist Government to make in roads into all forms of opposition. A National Students' Press Union open to all SA student publications was formed at a con ference of student editors in Durban at the end of July. It was intended to foster the student press and provide training and4 other facilities as well as protect the interests of the student press. The Directorate also noted in its report that it had requested the police to consider prosecuting persons who issued banned publications with new titles as well as persons producing obviously undesirable publications. The Directorate claimed that the Publi cations Act "connotes that a previous declaration by a com mittee... is not a pre-requisite for a prosecution under this sec tion; in other words printers and publishers must themselves en sure that they do not produce publications or objects obviously undesirable within the meaning of the Act."5 Mr. Sean Moroney, editor of Wits Student student news paper of the University of the Witwatersrand in 1975, was con victed in September 1976 on two counts of producing editions of the student newspaper which were subsequently banned. He was sentenced to a fine of R200 (or 50 days), suspended for three years. This was the first such prosecution in terms of the Act and Mr. Moroney appealed against his conviction. The appeal was heard in the Transvaal division of the Supreme Court in June. Mr. E. Wentzel, for the appellant, argued that it was difficult to imagine that the law gave a publications committee the power to create an offence that did not exist at the time of publication. Such a retrospective interpretation was contrary to established legal prin ciples. Mr. Acting Justice Phillips dismissed the appeal on the basis that the Act was unambiguous in prohibiting the production of undesirable publications. Mr. Justice Curlewis concurred. The applicant was granted leave to appeal to the Appellate Division. The Appeal was due to be heard in 1978. Several other prosecu tions for producing undesirable publications were delayed during the year, pending the outcome of the above precedent-setting case. Several other individuals were prosecuted for possessing and dis tributing undesirable publications. The implementation of the Publications Control Act was strongly criticised during the year. Mr. R. de Villiers (PRP) told the Assembly that the banning of books such as the 10 year old novel by Mr. Jack Cope, "The Dawn Comes Twice", could be the start of a situation where criticism of S.A. and its policies might be equated with disloyalty or treason.' Afrikaans writers pointed 4 Sunday Tribune, 28 August. 5 R.P. 16, 1977 p. 16. 1 Hansard 15 col. 7435.
CONTROL OF THE MEDIA
out that as a result of the Act they were in danger of censoring themselves. Mr. Etienne Le Roux agreed with Mr. de Villiers that is was "literary McCarthyism when a single complaint is enough to get a book banned and affect a writer's future".2 During the debate on the Publications Control Amendment Bill, the Minister of the Interior said it was untrue to say there was censor ship in S.A. as not all publications were automatically reviewed. It was equally incorrect to claim that he or the Control Board were the sole arbitrators of what was or was not desirable. It was the public which decided through the publications committees. " In June author Jan Rabie used his prize money from the Scheepers Award which he won from the Akademie vir Weten skap en Kuns to start a fund to fight political censorship. 4 In September the Minister of the Interior used his powers in terms of the Publications Act to request the Publications Appeal Board to reconsider a committee decision which approved Etienne Le Roux's satirical novel, Magersfontein, 0 Magersfontein, which had won the CNA prize for Afrikaans literature. After representa tions for and against the merits of the book were heard before the Appeal Board, it was finally banned in November amid a storm of protest by top Afrikaans writers. Announcing the ban, Mr. Justice Snyman, chairman of the Appeal Board, referred to "the filthy language" in the book. Professor Andre Brink of Rhodes University said that the censorship system was "killing the Afri kaans language. Mediocrity has become the yardstick ... the system has no place for the talented, gifted... This extreme puri tanism that is being thrust on us goes hand in hand with increasing totalitarianism." 5 A group called Action Moral Standards claimed responsibility for prompting reconsideration of the novel.6 Three publication committee members, Professor Marius Scholtz, Pro fessor Anna Louw and Professor Merwe Scholtz, resigned as a result of the banning. Several other literary works were banned during the year in cluding Keerkring by Welma Odendaal,7 Visible People by Ste phen Gray, The Soweto I Love by Sipho Sepamla, African Image by Ezekiel Mphahlele and Struisbaai Blues by Andre le Roux. Two issues of the literary magazine Donga were banned. The following were some of the appeals instituted against bannings during the year: Issues of the SA Labour Bulletin, and D. H. Lawrence's Lady Chatterley's Lover, Rev. David Russell's pamphlet The Riot Police and the Suppression of Truth. The SA Institute of Race Relations instituted an appeal against the banning Sunday Tribune, 15 May. 3 Hansard 16 col. 7714. 2
4 Star, 24 June. 5 Sunday Tribune, 27 November. 6 Star, 24 November.
7 Ms Odendaal, editor of a literary magazine, Donga, was fired from the SABC after the banning of her book.
A SURVEY OF RACE RELATIONS, 1977
of its report Detention Without Trial in South Africa 1976-1977. The first two above-mentioned appeals were dismissed. At the time of writing the outcome of the Rev. Russell's appeal was not known, and the Institute's appeal had not yet been heard. LOCAL AUTHORITY ACMION
Bantu Affairs Administration Boards and Township Superin tendents were criticized by the press during the year for continuing to require that scripts of plays to be performed in halls under their control should be submitted to them for their approval. PRESS CONTROL
Following the breakdown in March of negotiations between the Prime Minister and the Newspaper Press Union, the Minister of the Interior gave notice in the Assembly of his intention of introducing a Newspaper Bill. During the negotiations the NPU had expressed its determination to oppose all and any statutory control of S.A. Newspapers. The introduction of the Bill was strongly rejected by the UP and PRP in Parliament and by the Afrikaans and English Press. The Newspaper Bill contained a statutory Press Code, provided for the establishment of a Press Council with a Government-appointed chairman which would consider complaints against newspapers, prescribe fines for jour nalists and heavier fines or suspension of publication for news paper proprietors who contravened the press code, and empowered the council to direct newspapers to report decisions against them in terms of the code. The Bill prescribed fines and/or imprison ment for up to 12 months for convictions in terms of its provisions. In a news conference after the introduction of the Bill, Dr. Mulder, Minister of the Interior, said that the Newspaper Bill had been drawn up because certain newspapers had continued reckless and damaging reporting despite Government warnings. He said that "the stream of complaints against the Press" had increased. 1 In a subsequent interview Mr. H. van der Walt, M.P.(NP), said that the press legislation should not be seen on its own "but as part of a strategy to enable the government to keep things under con trol in this time of emergency".' The S.A. Society of Journalists issued a statement rejecting the Bill and said that it was irrecon cilable with press freedom because governments had vested inter ests in the way in which news was reported and commented upon. On 22 March the Prime Minister and Cabinet ministers met again with representatives of the NPU and the Prime Minister announced in the Assembly the following day that the Newspaper Bill would be withdrawn in response to the NPU's appeals. The 1 Rand Daily Mail, 12 March. The following complaints were referred by the Department of the Interior to the NPU: July to December 1975: 49; January to April 1976: 29; May to August: 13; September to December 1976: 9. Star, 16 March. 2 Sunday Express, 20 March.
CONTROL OF THE MEDIA
179
NPU would be given one year to discipline itself effectively under its own Press Code and Council. Mr. Vorster also announced that a Press Secretariat attached to the Prime Minister's office would be instituted to liase with the press and deal with press matters and complaints. Early in April the NPU announced its revised Press Code and the composition of its Press Council. The chairman of the Council would be a retired judge appointed by the NPU or a judge nominated by the Chief Justice, assisted by two assessors. Mr. Justice Galgut was appointed first chairman of the press council. Commentators pointed out that the NPU had amended its code in significant ways to approximate more closely to the Govern ment's proposed code and that despite the dropping of the Bill newspapers were in a weaker and more compromised position.' The NPU disclosed on 18 July that 70 complaints had been put before the Press Council since its inception in April. Speaking in November the Minister of the Interior, Dr. C. Mulder, said that the Press was in a probationary period and a decision regarding its disciplining would be taken in March 1978. Banning of The World and Weekend World In August the Minister of Justice, Mr. Kruger, threatened to close down the World' because it was overstepping the limits of Press freedom. The editor, Mr. Qoboza, revealed that Mr. Kruger and the Prime Minister had both summoned him for interviews and expressed distaste for the newspaper's leading articles and columns. Mr. Kruger had warned him that if the World continued with its strongly anti-Government line he would not hesitate to put an end to it. Mr. Qoboza said that n'o article in the World had yet been challenged before the Press Council or a court of law.' Speaking at the Natal Nationalist Party Congress, Mr. Vorster said the Government was preparing a dossier and keeping a close watch on the press. He again attacked the World for advocating "majority rule" which was contrary to Government policy.' Mr. Kruger warned again that he would close down any newspaper which incites "people to overthrow law and order". 7 On 19 October the World and Weekend World were banned in terms of the Internal Security Act. Mr. Qoboza and Mr. Aggrey Klaaste, news editor of the Weekend World were placed in pre ventive detention. Mr. Donald Woods, editor of the Daily Dispatch was banned in terms of the Internal Security Act. The Minister of 3 See L. Gordon, "South Africa's Press: The Press Code and Council", Race Relations News, July 1977.
4 World, with an average circulation of 177 183 (as provided by the Audit Bureau of Circula tions), was the second largest daily, the Star being the largLst. Weekend World had the third largest weekly circulation figure of 204 207. It was topped by the Sunday Times and Rapport. 5 Rand Daily Mail, 29 Augu.,t. 6 Rand Daily Mail, 1 September.
7 Citizen, 1 September.
180
A SURVEY OF RACE RELATIONS, 1977
the Interior said the Government would not hesitate to close down other newspapers if the State was endangered or law and order threatened. He said the bannings could be construed as a warn ing to others not to abuse the right of criticism. ' The Minister of Justice said that the bannings of the news papers could be rescinded if unrest in the country subsided. The banning of the two newspapers was widely condemned in the rest of the S.A. press. At a protest meeting of 100 Johannesburg journalists, Mr. Raymond Louw, general manager of S.A. Asso ciated Newspapers, declared Mr. Kruger's statement an act of "terrorism" in that he was holding the journalists and the World as hostages.! Speaking in Port Elizabeth later in the month the Prime Minister strongly attacked the Rand Daily Mail for report ing inaccurately. The Union of Black Journalists (UBJ) was one of the organi zations banned on 19 October in terms of the Internal Security Act.3 During the year a large number of black journalists were detained and by the end of November eleven were still in deten tion.4 On 30 November, 29 journalists were arrested in Johannes burg when they staged a march protesting against the detention of journalists and banning of eighteen organizations. They were sub sequently charged in terms of the Riotous Assemblies Act and fined R50 each. DEVELOPMENTS IN BLACK JOURNALISM
A new newspaper, The Voice, started publishing early in the year. The publication was initially supported by the S.A. Council of Churches, was produced by black journalists and was oriented towards church matters. Several early editions were banned. By the end of the year it was appearing fortnightly. Inkatha's Nation Isizwe Sechaba continued to publish during the year.' A week after the banning of the World the Argus company extended its Natal-based Post to circulate in the Transvaal. Al though the company stressed that the intention was not to turn Post into a substitute for the banned newspapers, most of their editorial, commercial and production staff were absorbed into the new venture except for key editorial personnel.2 S.A. BROADCASTING CORPORATION
The annual report of the SABC tabled in Parliament in April, stated that its television service "made the point of stressing the need for spiritual, economic and military preparedness... (and) IRand Daily Mail, 21 October. 2 Star, 27 October. 3 See Section on Trade Unions regarding the Union and the SA Society of Journalits. 4 See Chapter on Administration of Security Legislation. I See section on Black Political Activity. 2 Rand Daily Mail, 23 October.
CONTROL OF THE MEDIA
of promoting understanding and co-operation between the various national groups and of stimulating a spirit of optimism and belief
in the future of the country". The report stated that the country's unrest obliged radio and television to adopt new approaches to keep people informed without being an instrument "for promoting unrest and panic". 1 In reply to a question in the Assembly the Minister of National Education said that the Government had not decided on its policy in regard to publicity given on television to political parties during future elections.2 The Minister said that the operating cost of SABC TV service for 1976, excluding
and provision for loan redemption, was any capital expenditure 3 R39 965 000. During the Education Vote Mr. B. Page (UP) said that TV news was blatantly biased in favour of the Nationalist Party and the Party's policies and ideology. He said it was time that S.A. TV also adhered to the code being applied to newspapers. 4 Mr. R. de Villiers (PRP) said that SABC had a special obligation not to abuse its monopolistic position. He said there was a glaring neglect of "black and brown South Africans" on T.V.5 Mr. Joel Mervis, former editor of the Sunday Times, pointed out that the SABC's "abuse of its trust by promoting the sectional interests of the Nationalist Party" and "the extent to which the public are becoming incapable of recognizing SABC propaganda when they see it," were matters for grave concern".' In October the SABC was banned by the Coloured Repre sentative Council from attending the rest of its 1977 session on the grounds of its "biased reporting".1 During the session of the Coloured Persons Representative Council a motion was passed that the Government abolish all forms of discrimination spread through the communications media.2
An SABC spokesman announced in August that a television service would be provided for blacks "as soon as humanly pos sible". The matter had been handed to management by the SABC's board of governors. Management had been instructed to launch such a service on the existing single channel.' In November, following the start of the election campaign, the Sunday Times conducted a survey of TV news broadcasts over one week. According to the survey Government spokesmen were I Star, 18
Avril.
2 Hansard 13 col. 944. 3 Hansard 15 col. 1074. 4 Hansard 16 col. 7839. 5 Ibid.. col. 7846.
6 FinancialMail, 7 October. I CRC Debates, 3 October, p. 867. 2 CRC Debates. 15 September. p. 242. 3 Rand Daily Mail, 10 August.
A SURVEY OF RACE RELATIONS, 1977
televized for a total of 24 minutes, the New Republic Party for 5 minutes 25 seconds and the Progressive Federal Party for 5 minutes 15 seconds. The South African Party and the Herstigte Nasionale Party had no coverage at all. A spokesman for the SABC said the corporation tried to maintain a fair and acceptable balance but always favoured newsworthiness rather than absolute balance. 4
4
Sunday Times, 6 November.
EMPLOYMENT THE ECONOMIC SITUATION
The 1976/77 fiscal year was one of the lowest growth years in the SA economy during the post-war period. Other problems were high inflation, falling gold and foreign exchange reserves, a drying-up of foreign capital inflows, a depressed stock exchange, reduced levels of capital investment and increasing unemployment. These were largely the result of a reassessment of the socio political risks involved in investing in S.A. The economy achieved a positive real rate of growth of slightly more than 1%' during the year ended 30/6/77. Had it not been for substantial growth in mining and agricultural output, the growth rate would have been negative. Domestic demand declined by 31% over the previous year. This decline was from a low base, as in 1975/76 domestic demand declined by 11% compared with 1974/75. The only exception was government expenditure, which increased marginally. The decline in real private consumption expenditure, brought about by the lower rate of increase in real disposable personal incomes, was the first in the post-war period. The major problem during the past fiscal year was generally seen to be the rapid decline in S.A.'s gold and foreign exchange reserves, creating severe liquidity problems. The central authorities dared not embark on an expansionary programme for fear of provoking a payments crisis. Capital imports, which in 1974/75 and 1975/76 amounted to RI 635-m and RI 707-m respectively, turned into a net outflow in 1976/77 of R121-m. The decrease in domestic demand led to decreased imports. Many companies were forced to reassess the export market and this, coupled with the resurgence in demand for minerals occa sioned by the recent modest economic revival in the western world, and a good agricultural crop, led to increased exports. There was an about-swing in the balance of payments on current account, which had been in deficit throughout the post-war period, into surplus for the five quarters ended 30/6/77. This meant that restrictive policies were having the desired effect, and would enable S.A. to cope better with declining levels of foreign investment. However any reflation of the economy would boost imports and compound the critical gold and foreign exchange reserves position. A two-figure inflation rate continued, although reduced in comparison with the previous year. Due to lack of investor 1 Figures
in this section are extracted from Reserve Bank sources.
A SURVEY OF RACE RELATIONS, 1977
confidence, the stock market continued at depressed levels, which affected a broad spectrum of economic activity. On the labour front, during the three quarters up to March 1977, employment in the non-agricultural sectors rose by only 1,1% (compared with 2,6% in 1975/76 and 2,8% in 1974/75). The increase in employment was not sufficient to absorb the growth in the labour force, and unemployment increased markedly among all races. In June 1977 seasonally adjusted white, Coloured and Asian unemployed amounted to approximately 1,4% of the total numbers actively employed. Official African unemploy ment statistics were not kept, but indications were that it was reaching critical proportions. In presenting the 1977/78 Budget, the Minister of Finance stated that the main objectives of policy were to strengthen the balance of payments and curb inflation. The main features of the Budget were therefore the curtailment of government expen diture, proposals to increase indirect taxation, and measures to divert a larger proportion of domestic saving to the central government. Excluding defence, estimates of expenditure at current prices showed an increase of 5,1 % above the 1976/77 figures. In August a Commission of Enquiry into monetary policy under the chairmanship of the Reserve Bank's senior deputy governor, Dr. de Kock was appointed. The main impetus for the commission's establishment was seen as the country's growing need to use its limited capital resources to their maximum, and to enable government financing to be conducted in the least inflationary manner possible.2 FOREIGN INVESTMENT
General In 1976/1977 a net outflow of foreign capital of R121-m was recorded as compared to a net inflow of RI 635-m in 1974/ 1975 and RI 707-m in 1975/1976. The net outflow of R649-m during the first six months of 1977 was mainly accounted for by a substantial net outflow of short-term capital not related to reserves, net repayments of compensatory loans obtained abroad and a substantial decline in the net inflow of long-term capital. The net outflow of short-term capital not related to reserves amounted to R767-m in 1976/1977. Factors contributing to this outflow included the decline in the value of merchandise imports and unfavourable political developments in S.A.' In the Anglo American Corporation's annual statement Mr. Harry Oppenheimer, its chairman, said that while anxiety about S.A.'s political future persisted the foreign capital necessary for 2 Sunday Times, 14 August. 1 South African Reserve Bank, Annual Economic Report, 1977.
FOREIGN INVESTMENT
rapid development would not become available. He stated that the basic reason for the concern of foreign investors about S.A. were not financial but political and they could only be removed by action in the political field. 2 The Corporation's economic consultant, Mr. A. Dickman, stated that a shortage of foreign funds would lead to an increase in unemployment. He estimated that a 5,5% growth rate, obtainable only with the foreign invest ment, was needed to absorb the 3% p.a. growth in the labour force.' The Chairman of the Hill Samuel Group (SA), Mr. G. V. Richdale, commented that the private sector would have to bear most of the burden of reduced foreign capital. In the past, net capital inflow had amounted, on average, to 3% of the gross domestic product. In 1977 the sum which the Minister of Finance expected to receive from the increase in prescribed investments 4 by local financial institutions represented 2,6% of the GDP. South African borrowers found it more difficult to obtain loans overseas. Before Angolan independence in 1976, SA public sector borrowers could get money at 0,75% above the London Interbank offered rate (Libor). The 1977 margin for SA borrowers was estimated to have increased to 1,75% - 2% above Libor a margin given to the less developed countries with low credit ratings.' During the year pressure groups of various kinds, such as anti-apartheid groups and church shareholder groups, continued to urge companies and banks investing in SA to reconsider their investments. There were calls for disinvestment, a halt on further expansion, and for company directors to examine the wages and conditions of work of their employees. Protests against granting loans to S.A. were voiced, inter alia, at the annual meet ings of the American Manufacturers Hanover Trust, Citibank, Barclays and Midlands Banks, and resolutions filed with Con tinental Illinois, First Chicago, and Morgan Guaranty.' David Rockefeller, chairman of Chase Manhattan, said that the bank's lending policy "specifically excludes loans that tend to support the apartheid policies of the SA government or reinforce dis criminatory business practices".' However no plans were under taken to reduce the scale of Chase Manhattans' SA operations during the year. Stephen Pryke, a senior local representative of the Bank, stated that "we're just carrying on as before". 3 Among the foreign loans which SA was able to raise was one of DM35-m to the SA Railways from six banks including 2 Star, 12, May. 3 Financial Mail, 25 November. 4 Rand Daily Mail, 8 June. 5 Rand Daily Mail, 24 May. 1 United Church Board Bulletin. Spring 1977. 2 Rand Daily Mail, 24 May. 3 Financial Mail. 29 April.
186
A SURVEY !OF RACE RELATIONS, 1977
Berlin Handelgesellsschaft. America's Citibank arranged a loan of $60-m for the development of Black Mountain Development's lead, zinc and copper deposits in the North Western Cape.4 In an interview with the Financial Mail, Senator Horwood stated that most foreign bankers were well satisfied with SA's economic policy, specifically the budgetary policy. Some had reservations regarding the political situation in Southern Africa, and had adopted a wait-and-see attitude. In describing the form foreign investment had taken, Senator Horwood said that invest ment through the Stock Exchange had been slack, and in 1976 there had been an outflow of short-term private capital. Invest ment in the public sector was still continuing but public bond issues had not been practicable during the last 12 months to May 1977, while consortium credits for general purposes had been difficult to obtain. He said that project loans and export credits were still generally available. United Kingdom In 1974 (see Survey of that year) the enquiry into wages and working conditions of African workers employed by British firms instituted by the Trade and Industry Sub-Committee of the House of Commons Select Committee on Expenditure was published. This year for the first time Britain's Trade Minister, Mr E. Dell, named the companies involved in the 1974 enquiry. The Minister also published lists categorising the companies according to their co-operation with repeated government requests to publish in formation about African wages. Mr Dell said that of the 320 companies with investment in SA 70 had published or made the information available including Associated British Foods, British Leyland, Cadbury, Schweppes, Dunlop, ICI, Rio Tinto-Zinc, Stan dard and Chartered Bank, and Unilever. Forty-six firms had not yet made this information available, but intended to publish it in their next annual reports. Included in this category were British Steel, Fisons, Lonrho, Rentokil and Great Universal Stores. Forty four firms had made the information available on request but had not published it, among which were British American Tobacco, Eagle Star, Lawson Industries, and Prudential Assurance. Among the eighteen firms which had published limited information were Barclays Bank, Hill Samuel, Hoover, Metal Closures and Sedg wick Forbes.' Six firms had declined to publish. They were Barton and Sons, C. J. Clark, Crown House, Exchem Holdings, Thomas French and Sons, and Hickson's Holdings.2 Thirty-three of the companies listed were categorised as those whose intentions were 4 5 1 2
Financial Mail, 22 July. Financial Mail, 13 May. Star, 16 February. Rand Daily Mal, 17 February.
FOREIGN INVESTMENT
still unclear-they included British and Commonwealth Shipping, East Rand Consolidated, Trust Houses Forte, and George Wimpey. Ninety-five were companies whose SA subsidiaries or associates employed fewer than twenty black workers. The interests of a further eight still had to be clarified.' However, the Trade Depart ment announced that it had no further plans to process the in formation. Rather, it would leave the task to the "concerned public" to see whether its companies were complying with the British Government's employment guidelines. Criticism of British companies operating in SA was voiced in many quarters. A British Labour M.P., Mr Bob Edwards, criticised the British Steel Corporation (BSC) on the grounds that the com pany's 16 000 African workers had no right to negotiate wages. He accused the BSC of a "calculated lie" justifying the investment of large sums of money in developing the chrome smelting industry in South Africa. The BSC had held that there was no other means of supplying British industry With' chrome. Mr. Edwards pointed out that Madagascar has 100 000 tons of chrome awaiting to be developed and processed." In July the Hill Samuel Group Ltd announced that it would continue to do business with SA despite appeals to shareholders to discontinue lending money in SA, made by the secretary of the anti-apartheid organisation, Rev David Haslam. The chairman of Hill Samuel Ltd, in motivating his decision, held that exports to SA benefited blacks as well as whites.2 The Roman Catholic archdiocese of Westminister announced in July that it would sell all but one of its 11 211 shares (worth nearly R24 000) in Consolidated Gold Fields because it felt that the company's policies helped maintain racial injustice in SA. The decision followed nearly two years of talks between the diocese trustees and directors of the company. The bishops, who are trustees for the diocese, said that they were "aware that selling their shares ...
does not directly help the black South Africans
suffering under the injustices of the migrant labour system . . . but they now consider that they have no alternative but to with draw in order to disassociate the diocese from any indirect support for racial injustice". 3 The one remaining share would give the church the right to retain a voice and a vote at company meetings. However, Britain's Society of Jesus decided in the same month
not to follow the lead of other churches and sell its holdings worth about R273 000 in companies with SA interests. The trustees stated that they were not convinced that selling their shares would bene fit SA blacks.' 3 I 2 3 4
Star, Star, Rand Star, Ibid.
16 February. 1 March. Daily Mafl. 13 Juiy. 14 July. 25 July
188
A SURVEY OF RACE RELATIONS, 1977
Although no hard figures were available, officials from the British Department of Industry indicated that British investment in SA had decreased since the Soweto riots. This reversed the dramatic increase in British investment in SA which took place from 1962 to 1974. Analysing British net direct investment overseas (excluding oil, banking and insurance), the British Department of Industry showed that investment in SA rose from £290m in 1962 to £1 997m in 1974. In 1974 SA accounted for almost 10% of the book value of Britain's direct foreign investment, while British in vestment constituted 24% of total foreign direct investment in SA. Department of Industry officials pointed to the oil crisis, the reces sion at home and abroad, and political events as leading to a tail ing off in British investment in SA.1 That SA is perceived as an investment risk was borne out by comments made by prominent British bankers and brokers this year. In general they indicated a reluctance to continue investing in SA. Reasons given by a spokesman for one of the largest merchant banks was the hardening of attitude towards SA and the fact that the risk factor was too high. The US, Japan and Europe were mentioned as preferable places for UK investment. One fund manager said "We have tremendous reservations about SA. Many UK institutions have quite large residual holdings, but, over the last year or two they have taken a definite view against investment and consequently volume has dropped considerably." 2 Businessmen themselves had divided views, some envisaging further investment, others holding back. Firms committed to fur ther investment were ICI (operating through ICI SA), Leyland (SA) which in 1974 began a four-year R35-m expansion pro gramme which they still backed and Vickers (SA) which had recently contributed Rl-m towards a R3-m project with the British company Howson-Algraphy. Other firms which intended seeing plans through were Pilkington Bros. which had gone ahead with the construction of a R46-m float glass plant, and BP which, commented the chairman Wayne Templar in August 1976, in 3 tended spending R375-m in SA in the next 5 years. In November, official indication that the UK was planning to curtail investment in SA was given by Mr D. Healey, Chancellor of the Exchequer, when, in answer to a parliamentary question, he stated that "I give the assurance that the government intends to discourage investment by British industry in S.A." 4 American Investment Three hundred and sixty American firms operate in SA. In approximately 87% of them American parent companies control 1 Sunday Times, 16 April. 2 Financial Mail, 13 May. 3 Financial Mail, 4 March. 4 Financial Mail, 25 November.
FOREIGN INVESTMENT
more than 50% of the capital. In toto, approximately 87 625 employees of all races are employed by the firms.1 About 6 000 other firms do business through agents or representatives. The book value of US direct investment in SA at the end of 1976 was $1,6 billion. Indirect investment at the end of 1975 from the Americas (North and South) totalled RI 749m of which approximately 80% was from the US. US private investment represents more than 16% of total foreign investment inSA. Various American bodies exerted pressure on SA to change her labour practices. In March Rev. Leon Sullivan of the Zionist Baptist Church, and also a board member of IBM, co-ordinated a move in which twelve of the biggest US firms operating in SA endorsed a set of six principles designed to end segregation and all
job discrimination in their plants. The twelve were: Otis Elevator Company, Minnesota Mining and Manufacturing Company, Union Carbide, International Business Machines (IBM), Ford Motor Company, International Harvester, American Cyanamid, Citibank, Burroughs Corporation, Caltex Petroleum, General Motors and Mobil Oil. The six principles were: " Non-segregation of the races in all eating, comfort and work facilities; " Equal pay and fair employment practices for all employees; * Equal pay for all employees doing equal and comparable work for the same period; " Initiation of a development training programme that will prepare Africans in substantial numbers for supervisory, administrative, clerical and technical jobs; " Increasing the number of Africans in management and supervi sory positions; " Improving the quality of employees' lives outside the work en vironment in such areas as housing, transport, schooling, recrea tion and health facilities.' These principles were presented to the SA Ambassador in Washington by Mr Frank Casey of IBM, Mr Thomas Murphy of General Motors, and the Rev Leon Sullivan. A statement by the US companies involved said, "We believe implementation of the foregoing principles is consistent with respect for human dignity and will contribute greatly to the general economic welfare of all the people of South Africa." 3 Later in the year a further 21 firms signed the statement of principles. They were Abbott Laboratories, Caterpillar Tractor, Colgate-Palmolive, Deere and Company, Don aldson Company, Eastman Kodak, Eli Lily, Gillette, Goodyear In ternational, Hertstein Inc., Hoover, Masonite, Nabisco Inc, NCR, I
American Consulate release, Johannesburg. May 1976. 2 Rand Daily Mail, 3 May. 3 Star, 1 March.
A SURVEY OF RACE RELATIONS, 1977
Pfizer, Rohm and Haas, Singer, Sperry Rand, Sterling Drugs, Phillips Petroleum and CPC International. By September the total number of signatories had risen to 54 or approximately 17% of American companies investing in SA. The SA Minister of Information, Dr Connie Mulder, com mended the companies for their desire to contribute to the well being of black workers. The Minister said too that "the authorities welcome their declared intent to give further impetus to existing extensive development programmes in SA."4 However, other quar ters were critical of the effectiveness of the principles. Both anti apartheid and church shareholder groups in the US attacked the manifesto for dodging the real issues. Tim Smith, director of the Inter-Faith Centre on Corporate Responsibility, criticized the mani festo and announced his intention of asking companies to curb their investments or disinvest altogether. Attention was drawn to the omission in the principles of trade union rights for Africans. The continuing refusal by US companies to recognize African unions was seen as a perpetration of racial discrimination, and it was held that the problems which the prin ciples tackled arose mainly from the fact that Africans are denied collective bargaining rights. Questions were also raised as to the degree to which parent companies were able to influence their subsidiaries and effect any real change. Emma Mashinini, secretary of the Commercial Catering and Allied Workers' Union of SA, commented, "This Manifesto is just good cosmetics for the outside world. To us as trade unionists, we see no difference between American and SA companies." Reactions to the manifesto by US non-signatories varied. Geof frey Windsor of Dresser SA said "We're going along that path already. It won't affect Dresser's policy very much. It really seems to be just a lot of talk. I don't expect a very strong reaction." 1 However a spokesman for Minnesota Mining and Manufacturing Company said they would like to see an improvement in SA and "if this statement will help, we're for it."2 A number of church and combined church and other groups called for shareholders to withdraw their investments from Ameri can companies in SA during the year. The American Committee on Africa urged depositors to withdraw their accounts from those banks which were heavily committed to SA, including Citibank, Chase Manhattan, Continental Illinois and Bank of America. In April, representatives of the United Methodist, Unitarian and Catholic Churches who held more than $2m worth of shares, pri marily through pension funds, in Goodyear Tyre and Rubber Co., called on the company at its annual meeting to cease its plans for 4 5 1 2
Rand Daily Marl. Rand Daily Mail, Financial Mail, 4 Rand Daily Mail,
5 March. 8 March. March. 9 March.
FOREIGN INVESTMENT
expansion in SA, and to begin to terminate its operations until such time as the SA Government ended its policies. The resolution received only 1,8% of the nearly 51 million votes cast 3 General Motors Corporation stockholders who are members of the National Council of Churches in America have long been pres sing the Corporation either to close down their SA operations or to defy apartheid. General Motors said in March that although it would not withdraw investments it "has no present need for and no intention of further expanding its productive capacity in SA." Should socio-economic conditions improve substantially it "may consider an expansion of its facilities."' 4 Mr R. J. Ironside, director of G.M.'S SA operations, said the company paid 76c per hour to its African workers in grade I work, as against the Industrial Council minimum of 60c per hour. He claimed that it was General Motors' policy not to pay their workers below the Household Subsistence Level of R135 per month for April 1977 determined by the University of Port Elizabeth. G.M. employees have Group Life Insurance and stop order facilities for house rents. An agreement in principle existed with trade unions that they could operate at the plant. In November the Polaroid Corporation, a US camera and film manufacturer, cancelled its business dealings in SA because the firm's SA agents, Frank and Hirsch, failed to abide by a 1971 understanding not to sell material to the SA Government. In that year, the corporation formulated a new policy for its SA operations after a 14 member fact-finding group to SA had met dissatisfied African employees of the corporation as well as politicians. The group proposed at the time that the corporation should retain its business links with SA while avoiding any government business deals. The corporation also initiated a programme to improve the earnings of African employees of Frank and Hirsch and to assign Africans to senior positions. Mr Hirsch stated that his company had had no dealings with the SA Defence force, the Security Police or the "Bantu" reference bureaux. Investigations undertaken by Mr H. Jensen, Polaroid's export sales manager, showed that three and two sales in 1975 and 1976 respectively and 12 in 1977 had been concluded with the Defence Force and reference bureaux. The Boston Globe, which first revealed the information, said that the film sold by Frank and Hirsch was placed in unmarked cartons and transferred to unmarked vans for delivery to military head quarters in Pretoria and elsewhere. 1 Polaroid's SA trade was worth R3,4m p.a. compared to world sales of R1 billion.' In the same month the First National Bank of Boston joined other American banks in a decision to limit loans to SA because Sunday Times. 10 April. 4 Star, 24 March. I Star. 23 November. 2 Rand Daily Mail, 23 November. 3
192
A SURVEY OF RACE RELATIONS, 1977
of political instability. The bank's loan commitments to SA amoun ted to between $20m and $30m. Some of the loans were to state or ganizations such as Iscor. Mr G. Yurchyshyn, the bank's vice presi dent for the Middle East and sub-Saharan Africa, was quoted in the Boston Globe as saying that any new loans to SA would be for three years instead of the usual five years because of the current unrest.3 American universities with investment in SA also came under fire. In December 1976, the University of California's Board of Regents rejected the State deputy governor's request to withdraw its stock holdings in SA by a vote of 11 to 6 with one abstention. In the same month the University of Massachusetts agreed to divest itself of holdings worth just over $500 000. Both Stanford Uni versity in Palo Alto, and Hampshire College in Massachusetts were intending to reconsider their investments before the end of this year. In November, Oregon's Board of Higher Education voted by 8 to 3 in favour of disinvesting R2,9m from 30 US corporations with identifiable Southern African connections.' Last year a student organisation called Campuses United Against Apartheid was formed to co-ordinate action against American universities' finan cial connection with SA.2 A University of Delaware Business Environment Risk Index, which ranked countries on the basis of the security of private investments, downgraded S.A. from eighth to nineteenth position this year.' Although this suggested that S.A. was seen as an increas ing business risk for US investors, a report published in the New York Times, summing up the overall attitude of US firms to invest ment in S.A., stated, however, that most large companies planned to continue operating in the country. Those which had closed oper ations had done so for "business reasons" and not because they opposed the apartheid system.4 President Carter, in an interview with Africa magazine, stated that he did not intend either to dis courage or encourage US private investment in S.A. He stated that there were many SA and American blacks who felt tnat con tinued investment would contribute towards changing the system in the country.' In June, the Foreign Minister, Mr R.F. Botha, addressed American businessmen at an investment conference on SA held in New York. One of Mr Botha's objectives was to persuade Ameri can multi-nationals and financial institutions to continue to invest in SA. In support of this Mr Botha emphasised SA's mineral potential and the country's importance as a trading partner. He held that if Americans were really sincere in wishing to promote con 3 Rand Daily Mail, 24 November. I Star, 24 November. 2 Sunday Tribune, 25 May. 3 Financial Mail, 4 March. 4 Star, 6 December.
5 Star, 8 December.
FOREIGN INVESTMENT
structive change in SA they should invest more and not less. Mr Botha pointed out that up to 1974 the average return on American investment in SA had been amongst the most rewarding obtainable in the world. Western Europe More than 6 000 West German firms had either direct or in direct contacts with S.A. in 1976 and more than 300 had sub sidiary companies in trade and industry.1 Direct West German investment in SA for 1976 totalled 38m marks (R10,2m) while total West German direct investment in the country from 1952 1976 stood at 576,2m marks (R155m). Direct German investment rose by 7,2% in 1976 over 1975, as compared to a rise of 25% in 1975 over 1974. The SA Embassy in Germany estimated the total German financial engagement'in SA at about 12 billion marks or R3 220m including indirect investment through subsidiaries and export credits.' A report in Der Spiegel magazine stated that a committee of officials from the Federal Ministries of Foreign Affairs, Develop ment Aid, Finance, and Economics had increased credit guarantees to SA, allegedly without the knowledge of the ministers. In the last 18 months these guarantees allegedly increased from 656m marks (R250m) to 2 775m marks (R1 050m).3 French business, trade and government sources saw continued stability in SA as imperative for continuing investment. The Paris Director of the SA Foundation commented that "foreign investors not only want stability now, they want the guarantee that stability will continue." While not disengaging, the French government would be reluctant to back any large scheme in the future which could attract world attention or disapproval. French direct invest ment stood at R139m and indirect investment in the form of stocks and shares at R597m.1 Indirect investment in the form of export credits increased in 1976 due to various large SA purchases. In March this year delegates from the Christian Trade Union Movement, headed by its president, Mr Jan Lanser, arrived in SA to study the employment practices of Dutch companies here. One Dutch firm, Philips SA, stated that it was committed to bringing about change. A manifestation of this was the establishment of 'inhouse and outside training projects to upgrade both black and white staff.' As a result of anti-apartheid pressure, the Dutch Amsterdam-Rotterdam Bank decided not to lend any more money to SA. The Rev David Haslam, secretary of End Loans to SA, 1 Rand Daily Mail, 14 July. 2 Ibid., 9 July. 3 Ibid., 14 July.
4 Ibid., 22 June. 1 Star, 25 March.
A SURVEY OF RACE RELATIONS, 1977
commented that the decision had "shown that public opinion can '2 change a bank's policy." The Foreign Affairs Committee of the Swedish Parliament ordered an urgent enquiry into Swedish measures to increase pre sure on S.A. The Committee asked the government to meet Swedish multi-national companies with interests in S.A. to review economic involvement here and to report back to Parliament. A special sub committee was appointed to investigate the legal and political implications of a possible ban on capital exports to SA. These proposals were the product of a compromise since the Social Demo crats had originally moved that the committee ask for an immediate ban on capital exports. The sub-committee was to draft a Bill on the capital exports ban.' European Economic Community's (EEC) Code of Conduct
In July this year as a result of an initiative by the United Kingdom Foreign Secretary, Dr David Owen, EEC foreign minis ters agreed to study a "code of conduct" for European businesses operating in SA. 1 The proposal for the code was discussed at a further meeting of the foreign ministers and a statement for the anti-apartheid conference in August in Lagos was drafted.2 In September in Brussels, the foreign ministers of all nine nations of the EEC approved the code of conduct. It was intended that the code be applied to all the SA subsidiaries of companies based inside the EEC. However, Dr Owen mentioned that he was aware that there would be difficulties in introducing the code into the legislation of member states.' The revised code held that com panies should recognise the right of workers to be represented by trade unions if they so wished. In this instance management should take steps to permit trade union officials to explain to employees the aims of trade unions and the advantages of membership, to distribute union documentation and display trade union notices on the company's premises. The code stressed the fact that African trade unions are not illegal. In calling on companies to give workers the freedom to choose trade unions, the code went much further than the American manifesto. It also stated that pay based on the absolute minimum necessary for a family to survive could not be considered as sufficient and that the minimum wage should initially exceed this level by 50%; that companies should apply the prin ciple of equal pay for equal work, and open all jobs to suitably qualified persons, irrespective of race. It called for the introduction of training schemes; and stated that employers were expected to alleviate the effects of the migrant labour system, and set aside 2 Rand 3 Star, 1 Star, 2 Star, 3 Rand
Daily Mail, i January. 30 May. 13 July. 27 July. Daily Mail, 13 July.
FOREIGN INVESTMENT
funds for their workers' leisure and health facilities, pensions, education, medical services and social welfare. Employers were to work for the abolition of segregation at workplaces and in edu cation and training. The members would insist that parent com panies would have to provide annual progress reports to their national governments. 4 It was estimated that the code would affect the 145 British companies operating in SA with a shareholding of 50% or more which own a combined total of 450 subsidiaries, and approximately 300 German firms, either actual subsidiaries or with a shares interest. The code of conduct was rejected jointly by the British Anti Apartheid Movement, the Haslemere Group and End Loans to Southern Africa, whose representatives commented that "this code will only lead to the sweetening of apartheid and not its removal." The groups saw it as a device manufactured by foreign governments in order to protect and retain their economic interests while making no changes in the basic oppression of black South Africans. They called on the EEC ministers to impose an immediate mandatory embargo on all arms, military materials, spare parts and technol ogy; to halt all bank loans and export credits to the SA govern ment and its agencies; and to stop all new investment in SA. On the first day of the UN General Assembly's general debate the Belgian Foreign Minister, Mr Henri Simonet, also president of the EEC, commented that the publication of the code of conduct was a first measure amongst a variety of actions being examined as a means to bring their collective influence to bear in putting an end to apartheid.' In commenting on the code, Mr R. F. Botha, S.A. Minister of Foreign Affairs, said that it would only have credibility if it were directed at European enterprises in their operations in all countries. He said that the government welcomed attempts by any country to follow enlightened labour practices and that a number of foreign companies in SA had in the past tried to hide behind construed statutory constraints to avoid improving the employment conditions of their workers.2 The code was initially rejected by industrial leaders in both Germany- and Holland. A spokesman for the German Federation of Industry said it was impossible for West German entrepreneurs to disregard the laws of a country in which they were operating. He did not want West German firms operating in SA to be used to further West German foreign policy aims.3 The Verbond van Nederlandse Ondernemingen saw the code as a political document with elements which had no place in business life.4 4 Star, 21 September.
1 Star, 28 September.
2 Rand Daily Mail, 27 September.
3 Star, 23 September. 4 Ibid., 28 September.
A SURVEY OF RACE RELATIONS, 1977
In November employers' associations in all nine Common Market countries agreed to apply the code as strictly as possible, after considerable effort by governments concerned to ensure that employers realized what was at stake.' Some foreign firms were hostile towards the code. Spokesmen from Siemens, Philips (SA) and Total (SA) all felt that the code interfered unnecessarily with their autonomy in operating in SA. A spokesman from Philips (SA) commented that "multi-nationals can't afford to interfere in the political structure of the countries they invest in." The managing director of Peugeot commented "we've got no objection to improving our workers' quality of life. But we can only do that if we have the profits to do it. We'll only have that if Europe steps up its trade with us." Most firms interviewed by the FinancialMail were unhappy about tying wages to the Household Effective Level, and about the recognition of African trade unions.' South African Council of Churches' Invesment Code In a publication called Investment in South Africa published
this year, the SA Council of Churches (SACC) examined the argu ments for and against investment in S.A. It isolated the following arguments against investment: that investment had helped entrench the status quo by financing the elaborate system of separate deve lopment; freed funds for defence spending; helped maintain white supremacy through developing capital goods and encouraging the importation of skilled labour while largely ignoring advancement for blacks; and protected investors in their pursuit of inordinately high profits, while underpaying their black workers. Arguments for foreign investment were that it had created job opportunities for blacks; helped the "detribalisation" process, stimulated the black population's economic potential, helped break down job barriers (while, however, adhering to wage bars), helped combat poverty and brought about better training for black workers. The SACC's Division of Justice and Reconciliation urged that churches in SA and overseas cease further investment in SA unless the following code of ethics in SA be accepted: " Non-segregation of the races in all eating, comfort and work facilities; • Equal and fair employment practices for all employees; * Equal pay at market rates for all employees doing equal or com parable work for the same period of time; " Initiation and development of training programmes to prepare Africans in substantial numbers for supervisory, administrative, clerical and technical jobs; I Star, 16 November. 2 Financial Mail, 30 September.
FOREIGN INVESTMENT
* Increasing the number of Africans in management and super visory positions; " Improvement in the quality of employees' lives outside the work environment; * Immediate recognition of trade unions as a basis for future management of labour negotiations; " Actove encouragement for the establishment of such unions where they do not exist; " The introduction of labour-intensive manufacturing processes and/or distribution, as opposed to increasing mechanisation; * The establishment of committees within various sectors of in dustry to share information and problem-solving techniques; * The introduction of a voluntary 2% self-tax on gross profits, .to be contributed to education for Africans; * The locating, support and encouragement of African-initiated and controlled projects; * The refusal to use migrant labour unless married accommodation is provided; " The investment of a certain proportion of companies' portfolios in banking institutions which will utilise funds solely for the benefit of Africans; * Active reduction of foreign skilled workers and their replacement by adequately trained Africans; * The refusal to invest in or assist projects connected with the manufacture of arms. The Urban Foundation's Code of Employment Practice In December, the Urban Foundation and the S.A. Empoyers' Consultative Committee on Labour Affairs (SACCOLA) produced a code of employment practice for SA employers. The code re commended that employers should strive constantly for the elimi nation of discrimination based on race or colour from all aspects of employment practice, especially with regard to the selection, employment, advancement and promotion of all employees; to their remuneration; and to the provision of pensions, medical aid, leave, sick pay, employee insurance and assistance with housing and like factors. Employers should also concerne themselves with their employees' working conditions, and facilities relating thereto, and to training programmes or facilities to improve the productivity and skills of employ6es to enable them to achieve advancement in technical, administrative and managerial positions. The code called for the recognition of the basic rights of workers to associate freely, to negotiate collectively on conditions of service, to with hold labour lawfully as a result of industrial disputes, and to be protected against victimisation resulting from the exercise of these rights. It further called on employers to promote and maintain, through contact and consultation, sound and harmonious relations
A SURVEY OF RACE RELATIONS, 1977
between employers and all categories of employees. It suggested that employers should continue to co-operate with other organi sations in the public and private sectors in promoting employment opportunities for the SA population at wage rates aimed at the maintenance of viable living standards; and the progressive transi tion to a system wherein the rates of remuneration paid and any benefits relating to conditions of employment would be such as to render unnecessary any differential subsidy based on race or colour. The authors of the code stated that it would be difficult to compel companies to observe it and that they would not monitor it. Mr. C. W. H. du Toit, chairman of SACCOLA, commented that the code was a "declaration of intent" to be negotiated within the limits of the law, as the law evolved. It received the support of ten employer organisations including the National African Federated Chambers of Commerce (NAFCOC).' Trade unionists were not consulted in drawing up the code as it was regarded as exclusively an employers' endeavour. Mr. A. Grobbelaar, general secretary of the Trade Union Council of S.A. (TUCSA), said that ultimately only specific legislation could effect the necessary changes.' The Minister of Labour commented that the code pro vided guidelines which had already been implemented.' Dr. E. Drummond, director of the Steel and Engineering Industries' Fede ration stated that he hoped to gain a similar commitment to the code from the ten registered trade unions in the industry. He proposed to raise the issue at the January 1978 meeting of the National Council for the Iron, Steel Engineering and Metallurgical Industry.' Foreign Trade In 1976 the United States was SA's biggest source of imports. These rose by 29% to R1 267m. SA exports to America were fourth in line after Britain, Japan and West Germany.' United States exports to SA were expected to rise by more than 6% during this year.2 British exports to SA in 1976 were £645m or 2,5% of total exports. This constituted 17,6% of SA's total im ports. Exports to Britain accounted for just under 23% of SA's exports.' In the same year West Germany's imports to S.A. totalled RI 059m, a 2% increase over the figure for 1975. West Germany was S.A.'s third largest customer for exports with an increase of 6/0 over 1975. A spokesman for the German-SA Chamber of Trade 1 2 3 4 1 2
Rand Daily Mail, 8 December. Star, 7 December. Rand Daily Mail, 9 December. Star, 8 December. Sunday Times, 3 July. Ibid., Business Times, 6 March. SRnd Daify Maii, 30 May.
FOREIGN TRADE
and Industries said that S.A. could increase its exports to Germany by concentrating on regional markets or growth points. 4 West Ger man imports from S.A. for 1976 totalled R770m and comprised mainly precious stones and raw materials, including uranium.' Imports from France rose from R97m in 1972 to R245m in 1975. SA exports to France rose from R57m in 1972 to R1 15m in 1975. As a result of the construction of the Koeberg nuclear power plant, imports from France, which is supplying initial requirements, will be inflated for the next few years. Imports from France for 1976 were R410m excluding arms sales. The Federation of French Industries (Conseil National du Patrons Francais (CNPF) an nounced its intention to promote trade between France and S.A. and to give aid and technological equipment and advice to SA businessmen.'
The Department of Customs and Excise in Pretoria showed that S.A.'s trade with the rest of Africa had increased considerably over the last ten years. Between 1966 and 1976 exports to other parts of Africa rose by R256m to R453m, an increase of more than 130%. Imports rose by R181m to R310m, an increase of 141%.7 A threat to impose trade sanctions on S.A. was made by overseas countries in response to SA's policy over Rhodesia and, more especially, after the government's action in banning eighteen organisations and various individuals in October. A UN draft resolution called for all oil producing nations to stop supplying crude oil and petroleum to S.A. and Rhodesia and for action against companies which violated the resolution. The draft also called on states to stop giving capital or loans to S.A. and to con demn all countries operating politically, diplomatically, economi cally and militarily with S.A.' Mr Andrew Young, US Ambassa dor' and the Dutch foreign minister also requested that sanctions against S.A. be imposed. The US Congress called for legislation to suspend Export-Import Bank loan guarantees for American busi ness investments in the country,' while the secretary general of the International Confederation of Free Trade Unions urged the UN "to take immediate action to put a total oil embargo on S.A. and to adopt the strongest mandatory sanctions."' In responding to the calls, Senator Horwood, in an address to the American Businessmen's Luncheon Club in October, warned that sanctions against SA would have a "boomerang" effect against those countries. He pointed to SA's importance to overseas coun 4 Sunday Tines, 3 July.
5 Rand Daily Mail, 6 August. 6 Ibid., 22 June. 7 1 2 3 4
Ibid., Rand Ibid, Star, Rand
9 June. Daily Hail, 28 October. 25 October. 20 October. Daily Mail, 20 October..
200
A SURVEY OF RACE RELATIONS, 1977
tries because of its mineral resources, and its geographical position on the world's sea routes.5 The implications of an economic boycott were assessed by Professor Arndt Spandau, Professor of Business Economics at the University of the Witwatersrand. A boycott of foreign investment would initially have a minimal effect on the economy. If long term foreign investments were cut by 50% in 1976, the decrease in the GDP would be R386m or 1,3% at market prices of the GDP for 1976 of just over R29 000m. In the employment sphere, 52 000 Africans would be put out of work, 27 000 whites, 10 000 Coloured and 2 000 Asians. More serious would be a trade boycott, especially an oil embargo. A 50% boycott of SA exports would lead to a R3 746m deterioration in the balance of payments. Un employment of whites would rise by 225 000 and Africans by 858 000.6 COST OF LIVING
The following table' gives the increase in the consumer price index from 1970-1976. Total
Food
5,2 6,1 6,5 9,5 11,6 13,5 11,1
4,4 4,8 7,1 15,3 15,0 14,9 7,4
0/
1970 1971 1972 1973 1974 1975 1976
.... .... ... .... ... .... ... .... ... .... .... ... ... ....
... ... ... ... ... ... ...
Household Expenditure
Transport
o/
o/
2,8 6,1 6,7 6,6 17,2 16,6 21.5
11,2 7,2 6,1 7,4 9,2 12,0 9,8
The rate of increase in the CPI for the period 1969 to 1976 averaged 9,1% per annum. The rapid rate of increase in the CPI for the last three years was mainly the result of rises in transport and in food prices which resulted from unfavourable weather con ditions and large increases in the administered price of certain agricultural commodities. The CPI for 1977 on a monthly basis as compared with the same month in 1976 was as follows: 2 Month
Total
o% February M arch April May .. June July August
... ... ... 11,9 ... .... .... ... 11,8 .... ... .... ... 11,5 .... ... ... ... 11,1 .... .... ... ... 11,0 ....... ........ 11,3 .... .... ... ... 11,3
Food
Transport
/ 10,2 10,5 9,8 10,1 10,5 11,0 10,5
Star, 28 October. Sunday Times, 11 September. 1 The Nedbank Group, "South Africa, an appraisal", Johannesburg, 1977, p.259. 2 Stats, September 1977. 6
% 18,8 18,8 15,7 14,8 14,7 15,3 15,9
COST OF LIVING
The large increase in the CPI for February was mainly due to the increase in the cost of petrol, which contributed almost one third to the rise in the cost of living. The increase in the wholesale price index from 1970-76 was as follows:' 1970 1971 1972 1973 1974 1975 1976
.... .... ... .... ... ... ..
... ... .... ... .... .
.... ... .... .... ... .... .... ... .... .... ... .... .... ... .... ... ....
... ... ... ... ... ...
Total
Local
Imported
3,2 4,6 8,1 13,2 17,9 17,3 15,1
3,3 4,7 6,9 13,7 16,5 15,6 14,4
2,4 4,6 12,1 11,7 22,6 22,4 17,3
The wholesale price index increased less rapidly than the con sumer price index up to 1972. Thereafter it overtook it. The rise in wholesale prices for the twelve months to the end of April 1977 was 14,5%. As of June, prices of imported goods had increased by 23,5% and local goods by 23,2% since the devaluation of the Rand in September 1975.2 In March, during the Railway's Budget, the Minister of Trans port, Mr. Louwrens Muller, announced average increases in fares of 16% and rail goods tariffs of 21,8%. Domestic airfares were increased by 15% and pipeline tariffs by 20,7%. The rise in rail way costs was met with dismay by businessmen and labour leaders. The Stellenbosch Bureau for Economic Research, the Trade Union Council of South Africa, and Mr. Sam Motsuenyane, president of the African Bank, all warned that increases in African commuter fares would possibly lead to unrest. Consumers were also hard hit by the increase in the price of maize. The maize board's selling price to millers increased by 20%. The price to the consumer of a 12,5 kg bag of special grade maize rose by 20,7% from R1,44 to R1,74.3 Cuts in both the subsidy on maize and bread were announced by the Minister of Finance in his Budget speech. The maize subsidy decreased from R61,7m in 1976/ 77 to R50,4m in 1977/78, and the bread subsidy decreased from R90m to R60m.4 In June this year the Customs and Excise Amendment Bill was passed through Parliament. Opposition speakers claimed that the Bill would lead to increases in the cost of living through indirect taxation. Customs and excise duties on petrol and petroleum pro ducts were increased, there was a blanket increase in sales tax and duties on liquor and tobacco, and a 15% surcharge on a wide variety of imported goods. The Minister of Finance, Senator Hor wood, said that he hoped to raise R400m from this surcharge.' The Nedbank Group, op cit., Table 110, p. 259. Rand Daily Mail, 3 June. Financial Mail, 22 April. Ibid, 18 April. I Star, 23 June. ' 2 3 4
202
A SURVEY OF RACE RELATIONS, 1977
As from January 1978 the consumer price index will be broken down into three income categories. The present CPI series was based on a median annual family income of R4 600 in 1966. The new series will be based on three separate income groups; R2 000 and under; R2 000 to R6 000 and R6 000 and above. Both sets of figures will be continued for six months after the introduction of the new series. The old series will then be discontinued.2 MINIMUM LIVING STANDARDS
In past issues of this Survey estimates of living standards in different areas calculated by various agencies were provided as they became available. There is still no agreement on a uniform method of calculation. Printed below are the estimates supplied by the Johannesburg Chamber of Commerce in respect of Soweto, and those of the Institute for Planning Research of the University of Port Elizabeth in respect of various selected areas. The Bureau of Market Research (UNISA) also calculates estimates, but these are not available for publication due to copyright reasons. Johannesburg Chamber of Commerce
The estimates of the Johannesburg Chamber of Commerce are in respect of the monthly budget for a family of five in Soweto. In their estimates two figures are given: a sub-total which may be considered as a rough poverty datum line, the Minimum Living Level (MLL), plus the cost of selected items to give a more realistic measure of living costs. The following table compares the estimates for the years November 1975 to May 1977 for a family of five in Soweto: ESTIMATED BUDGET FOR AN AFRICAN FAMILY OF FIVE LIVING IN SOWETO Nov. Nov. May 1975 % 1976 % 1977 % R Increase R Increase R Increase Food ... 62,41 6,8 69,65 11,6 77,19 10,8 Clothing 15,24 8,7 16,75 9,9 17,54 4,7 12,40 18,1 12,40 23,5 10,50 Housing Fuel & Light 6,36 18,4 7,79 22,5 8,35 7,2 Transport 7,54 16,0 8,50 12,7 9,78 15,1 Taxation 1,77 12,7 1,91 7,9 2,26 18,3 Cleaning Materials 1,50 12,8 1,66 10,7 1,70 2,4 Medical Expenses 1,00 1,00 2,00 100,0 Education 3,15 14,1 3,72 18,1 4,24 14,0 Sub-Total Furniture
109,47 2,08
10,0 6,7
123,38 2,23
12,7 7,2
135,46 2,33
Crockery, Cooking Utensils etc. 0,86
9,8 4,5
11,7
0,98
14,0
1,02
4,1
2 Financial Mail, 21 October.
203
MINIMUM LIVING STANDARDS Estimated Budget for an African Family, etc.-continued Nov. Nov. 1975 1976 % R Increase R Increase MINIMUM LIVING LEVEL 112,41 10,0 126,59 12,6 Writing Materials .2.87 22,7 3,51 22,3 Amusement and Sport 1,54 13,2 1,63 5,8 Personal care 2.24 12,0 2,49 11,2 Savings for Emergencies 3,21 12,2 3,54 10,3
138,81
9.7
3,63
3,4
1,69 2,60
3,7 4,4
3,77
6,5
GRAND TOTAL
150,50
9,2
122,27
10,4
137,76
May 1977 % R Increase
12,7
Institute for Planning Research Professor J. F. Potgieter, Director of the Institute for Planning Research at the University of Port Elizabeth, has for a number of years calculated estimates of the Household Subsistence Level (HSL) for a hypothetical African family of six persons, and a hypo thetical Coloured family of five persons for various areas. His estimates for the twelve months from October 1976 to October 1977 are given below:
................. Benoni Bloemfontein .............. ................. Boksburg Cape Town .............. Durban ....... .... ... East London .............. Germiston ................. Johannesburg .............. King Williamstown .......... Kimberley ... .... ....... Peddie ...................... Port Elizabeth ............. Pretoria . ... .... ... .... Queenstown .............. ................. Springs Uitenhage ....... .... ... Umtata .............. Vaal Triangle .............
% inAfrican HSL crease October since 1977 October 1976 R 7,8 137,32 134,82 6,5 7,0 134,50 147,57 8,1 ... 133,71 4,8 136,02 5,3 6,9 134,59 144,78 7,5 127,10 9,3 ... 142,31 I1,1 8,8 120,18 132,84 6,3 ... 137,22 4,5 128,55 3,71 6,8 135,34 ... 136,47 7.5 5,9 117,94 .. 142,48 9,3
Coloured HSL October 1977 R 147,34 156,82 146,81 141,79 149,28 134,45 143,59 145,13 145,41 124,24 136,75 -
% in crease since October 1976 9,4 5,6 13,1 5,6 11,5 9,1 8,5 7,9 6,3 2,01 7,9
-
The Institute for Planning Research stressed that the HSL was inadequate as a guide for the payment of minimum wages as it excluded necessary expenditure on certain items. The Institute I
These percentage increases are for a six-month period from April 1976.
A SURVEY OF RACE RELATIONS, 1977
postulated a second estimate, the Household Effective Level (HEL), and suggested that this was a more relevant basis from which to determine minimum wage legislation. The HEL com prises the HSL plus 50%. A tendency has emerged to see both the HEL and MLL as indicating a consumer price index for Africans, while using the standard Department of Statistics CPI for whites. Both Professor Nel of the Bureau of Market Research and Professor Potgieter commented that the CPI was not applicable to Africans. While Potgieter preferred to use his HSL figures which gave him a cost of living index figure, considerably lower than that of the CPI, Nel made use of the CPI, although commenting' that the cost of living for Africans might be higher or lower than the accepted CPI. If the JCC estimate is used to compute the costs for African families then the monthly cost of living rose R15,49 or 12,6% from November 1975 to November 1976. According to the CPI, the cost of living for whites increased by 10,4% for the same period! From November 1976 to May 1977 the rise in the CPI for whites was 8,1%, while that for Africans was 9%. The implication for both periods is that inflation affected Africans more severely than whites.' INCOME LEVELS AND WAGES
The Bureau of Market Research (UNISA) conducted surveys of household income and expenditure patterns of African urban households in various areas. The estimates' below summarize their findings for multiple2 urban households in Johannesburg and on the East and West Rand for the years 1970 to 1975 respectively. Johannesburg 1970 1975 Average income per multiple household ...
% increase: Income per capita per year:
.............
% increase: ...... Average income per . . .. . . . earner:3 % increase: ......
RI 042,63
R2 272,72
RI 078,42
R2 025,65
R205,80
R445,69
R183,06
R395,89
R614,99
RI 394,19
R593,74
RI 317,00
16,76 per year 16,66 per year
.. .
East and West Rand 1970 1975
not available
13,46 per year
16,65 per year 17,29 per year
The average annual income for all earners (both single and multiple households) was R568,71 in 1970 and R1 220,03 in 1975 1 Bureau 2 3
I 2
of Market Research, "Income and Expenditure Patterns of Urban Black House holds on the East and West Rand", Report No. 50.15, Pretoria p. 12. Rand Daily Mail, 28 January. Ibid, 9 May. Bureau of Market Research, Income and Expenditure Patterns of Urban Households In Johannesburg, Report No. 50.3, Pretoria 1976; and Income and Expenditure Patterns of Urban Black Households on the East and West Rand, Report No. 50.15, Pretoria, 1977 A multiple household is defined in the surveys as one or more families or a group of
two or more persons dependent on a common or pooled income, and living in the same house. 3 This includes income from all sources.
MINIMUM LIVING STANDARDS
205
for Johannesburg which constitutes an annual increase of 16,43%. For the East and West Rand the average annual income for multiple households from employers alone was R586,44 for 1970, and RI 271,90 for 1975, an annual increase of 16,76% or 116,88% overall. The BMR analysis of patterns of household expenditure for Africans showed that in 1975 multiple households in all income groups in Johannesburg spent most of their money on food (38,5 %). clothing, footwear and accessories (10,8%), housing (7,7%), furni ture and household equipment (7,3%), and transport (8,3%). For single households support of relatives took second place in expendi ture after food. Families on the East and West Rand spent 32,8% of their earnings on food, 11,5% on clothing, footwear and acces sories, 5,2% on housing, 9,8% on furniture and household equip ment and 7,7% on transport. Compared with African households in Johannesburg those on the East and West Rand spent very much less, in real terms, on clothing and food (especially fish products, vegetables, meat pro ducts, grain products and milk products and eggs), and spent more on furniture, electrical equipment and on poultry between 1970 and 1975. From 1970 to 1975 real expenditure on all items in creased by 15,9% on the East and West Rand and by 33,4% in Johannesburg. An Amps survey for 1976 gave the following breakdown of household incomes for all race groups drawn mainly from urban areas in the Republic: HOUSEHOLD
INCOME
13,5 29,2 44,7 12,6
Asians (sample of 430 adults) % Rand per month ... ... 11,5 ....... R700+. R400-699 ... ... ... ... 23,0 52,3 ......... R150-399 13,0 ...... Less than R150
Africans (sample of 10294 adults) Rand per month ...... R200+ ...... ... 9,8 ... 25,1: R1O0-199 R20-99 ... ... ... ... ... 51,7 ... ... ... 13,4 Less than R20
Coloured (sample of 1 271 adults) % Rand per month 11,4 ............. R500 +. 26,7 .......... R250-499 .... ... ... ... 50,0 R50-249 11,8 Less than R50 .........
Whites (sample of 2 912 adults) Rand per month RI 100+ ... ... ... ... ... ... ... ... R700-1 099 ... ... ... ... R300-699 Less than R300 ..........
In a survey of African incomes and expenditure on the Reef, in Johannesburg, Pretoria, Durban, Pietermaritzburg, Port Eliza beth and East London for March 1977, Markinor, using a sample of 805 informants, estimated that the average household (6,36
206
A SURVEY OF RACE RELATIONS, 1977
people) income was R158 per month. The breakdown of the sample into income categories was as follows: Up to R70 R71-R90 ... R91-Rl10 ... Rlll-R130 R131-R150
......... 5,5%
...
.....
... ...
...
.....
...
.....
... ...
... ...
R151-R170 6,7% R171-R200 R201-R250 15,7% 14,1% R251-R300 13,30% R301 plus
14,3% 11,0% 8,2% 6,1%
5,0%
The Economics Division of the Afrikaanse Handelsinstituut,
Pretoria, calculated the following table1 of average earnings (ex cluding earnings in kind) for the years 1970 to 1976 in the non agricultural sectors. The estimates exclude earnings in private services eg. legal practitioners. In the table the consumer price index for whites is that which is published by the Department of
Statistics. Different weights, reflecting the different spending pat terns of the other racial groups, were employed in the calculation of a consumer price index for these groups. YEAR
Whites Average Earnings (R) Percentage Change (.) Consumer Price Index Real Earnings (R). ...... Percentage Change in Real Earnings (.) Coloured Average Earnings (R) Percentage Change (Q) Consumer Price Index Real Earnings (R) .. .. .. Percentage Change in Real Earnings (Y.) ........ Asiatics Average Earnings (R) Percentage Change (Y.) Consumer Price Index Real Earnings (R). ...... Percentage Change in Real Earnings (%) ........ African Average Earnings (R) Percentage Change (%) Consumer Price Index Real Earnings (R). ...... Percentage Change in Real Earnings (y)
1970 3 244 100,0 3 244
931 100.0 931
1 044 100.0 1 044
476 100,0 476 -
1971 3 572 10,1 106,1 3 366
1972 3 797 6,3 113,0 3 360
1973 4 180 10,1 123.7 3 379
1974 4 767 14,6 138,1 3 452
1975 5 377 12,8 156.7 3 431
1976 5 867 9.1 174,2 3 368
3.8
(0,2)
0,6
2,1
(0.6)
(1,9)
1 061 14,1 105,9 1 002
1 156 8,9 112,8 1 025
1 325 14,6 124,7 1 063
1 497 13,0 139,9 1 070
1 727 15,4 159,2 1 085
1 895 9,7 175,9 1 077
7,7
2,2
3,7
0,7
1,4
(0,8)
1209 15,8 105,9 1142
1 335 10.4 112,9 1 182
1 521 13,9 124,3 1224
1741 14,5 139,3 1250
2049 17,7 158,4 1294
2367 15,5 175,3 1351
9,4
3,6
3,5
2.1
3,5
4,4
518 8,8 105,8 490
577 11,4 112,8 512
686 18,9 124,9 550
861 25,5 140,5 613
1 095 27,2 159,9 685
1 269 15,9 176.3 720
3,0
4,5
7,4
11.5
11,7
5,1
The table shows that real African wages increased rapidly from 1973 to 1975 and more slowly in 1976. White real wages fluctuated during the period from 1971 to 1976, registering a negative percentage in the latter year. Their estimates for the wage gap between white earners and those of other races are given below: I Based on data supplied by the Department of Statistics, Pretoria.
INCOMES AND WAGES
207
Wage Gap (Ratio of Whites to Other Ethnic Groups) 1975 1974 1973 1972 1971 1970
1976
Coloured In monetary terms In real terms Asians
3,48 3,48
3,37 3,36
3,29 3,28
3,16 3,18
3,18 3,23
3,11 3,16
3,10 3,13
In monetary terms
3,11
2,96
2,84
2,75
2,74
2,62
2,48
In real terms Africans In monetary terms In real terms
3,11
2,95
2,84
2,76
2,76
2,65
2,49
6,82 6,82
6,90 6,87
6,58 6,56
6,09 6,14
5,54 5,63
4,91 5,01
4,62 4,68
Estimates quoted in the Financial Mail of May 6 this year based on figures from Market Research Africa (MRA) indicated that there had been a rise in the per capita income for all race groups from 1973 to 1975. White per capita income rose from R153 per month to R182, Indian from R30 to R50, Coloured from R23 to R35, and African from R9,50 to R12,50. The ratio of white to African per capita income for 1975 was 14:1 or African per capita income was 6,9% of white per capita income. The estimate for the per capita income for Africans for March 1977 given by Markinor was R24,84. From 1973 to 1975 white earnings rose by 19%, Indian earnings by 67%, Coloured earnings by 52%, and African earnings by 32%. However, in absolute terms the wage gap between white and African average earnings widened from R143,50 in 1973 to R169,50 in 1975.' According to MRA the percentage of the GNP earned by each group was: whites 67%; Africans 23%; Coloured 7%; and Indians 3%. Since 1968 the white share had declined by 6,6% while the African, Coloured and Indian shares grew by 4,4%, 1,5% and 0,6% respectively. Between 1972 and 1975 the white share declined at an annual rate of 1,4%.2 In the conclusions to a four year study, Jill Nattrass, of the University of Natal, showed that average African real wages in creased by 6,6% a year from 1970 to 1975, while those of whites increased by 1%. She found that over the five-year period to 1975 average African real wage rates in the modern sector grew by 47 % while employment increased by 22% which suggests, contrary to the view often propounded by employers, that employment is not excessively sensitive to wage rises. She estimated that the Afri can share in total income increased from 26% in 1970 to 32% in 1975. She also pointed out that the movement of Africans into more highly skilled jobs had not proved of major importance in altering the racial distribution of income, since the number of people involved was relatively small. This pointed to the need to concentrate on increased training for Africans to fill higher posi tions, and for the concomitant abolition of job barriers. 1 Financial Mall, 6 May. 2 Ibid. 6 May.
208
A SURVEY OF RACE RELATIONS, 1977
The FinancialMail calculated that the real absolute wage gap between whites and Africans in the employ of the central govern ment narrowed, while in the manufacturing sector it remained roughly constant. However, the ratio of white to African earnings in manufacturing dropped substantially from 6:1 in 1970 to approximately 4:1 in 1976. In central government the ratio dropped from 6:1 in 1970 to 3:1 in 1976. Real African wages increased by 52% in manufacturing and by 84% in the central government while real white wages grew by approximately 11 % in manufacturing and fell by 10% in the central government sector from 1970 to 1976. Average white pay grew in real terms from R307 to R340 per month in manufacturing but shrank from R282 to R254 in government service. Average African pay, in real terms, grew from R45 to R83 in government service, and from R52 to R79 in manufacturing.1 In a paper entitled "Racial Income Distribution in South Africa" Mr. M. McGrath, of the University of Natal, held that the gap between African and white wages increased by 42% during the period of National Party rule. The ratio of income per head of whites to that of Africans increased from 10,6 to 11,9 in the period 1946/47 to 1960 and to 15,0 in 1970. Annual per capita income increased by 213% from R413 in 1946/47 to RI 594 in 1970, while that for Africans increased by 171% from R39 to R106. His income totals included non-primary subsistance pro duction. He found that the white share of total income in the period 1917 to 1970 was at least 69% of the total, while the Afri can share fluctuated from 18 % to a maximum of 23 %.2 Dr. Johan Cloete, chief economist of Barclays National Bank, commented in the Bank's Business Brief that, in percentage terms, the real wages of whites compared unfavourably with those of Africans during 1976. Real incomes of white workers dropped 2% while black incomes rose by 0,7%. He commented that there had been a slight redistribution of incomes in favour of labour and away from capital which appeared to favour African workers as their real wages increased at an average annual rate of 7% from 1971-1976 as against a comparable increase of 0,1% for white workers. Dr. Cloete felt that a slowdown in the rate of increases in real salaries and wages has had a detrimental effect on private consumption expenditure.' In commenting on the increase in the wage gap during the year, Mr. Malan, economic adviser to the Transvaal Chamber of Industries, said that the increase in labourers' wages since 1973 had not led to a narrowing of the wage gap because "industry has had to overpay white workers." 2 Restrictive legislation and the 1 Financial Mail, 16 September. 2 Sunday Express, 17 August. I Rand Daily Mail, 14 June. 2 Ibid, 12 March.
INCOMES AND WAGES
209
poor state of African education and training had prevented an upward mobility in occupation by Africans and had thus worked against a closure of the wage gap. On a world comparative basis S.A.'s national income per head of population ranked 45th last year according to calculations by the Union Bank of Switzerland. The entire Communist Bloc ranked higher and so did impoverished European countries such as Greece and Portugal. Commenting on this Mr. Arthur Grobbelaar, general secretary of TUCSA, said that "many of the better-off South Africans are not aware of an unsatisfactory world rating be cause they are not aware of the immense poverty surrounding them." Mr Grobbelaar suggested that S.A., given its resources, could improve the per capita income through education, training and the elimination of barriers which prevent full utilization of human resources.' Wage Regulating Machinery There are four methods whereby wages for all races may be determined. They are by means of agreements made under the Industrial Conciliation Act (1956), determinations made by the Wage Board provided for by the Wage Act (1957), orders made by the Minister under the provisions of the Bantu Labour Rela tions Regulation Amendment Act (1953), and, since this year, individual agreements made between employers and representa tives of employees at committee level in factories. The Industrial Conciliation Act provides for a system of Industrial Councils which are the agencies through which em ployers and their white, Coloured and Asian workers, organised into registered and officially recognised trade unions, bargain. The Act specifically excludes Africans from its provisions. African interests during negotiations affecting them are represented by the Central Labour Board or by Bantu Labour Officials (both white and African) or by African members of works committees if permitted by the Secretary for Labour. However, representatives of African interests have no voting rights on an industrial council. If they have objections their last resort is to appeal to the Minister of Labour. Wage determinaqons are provided for under the Wage Act which provides for a Wage Board whose duty it is to investigate wage levels in a particular industry and make recommendations to the Minister. The Minister stated in Parliament that 69 wage determinations were still in operation applying to all wage groups.' At the time of writing the Wage Board was investigating wage rates for unskilled labourers in certain Transvaal areas and Sasol burg, the Orange Free State, the Northern Cape, in certain Natal 3 Star, 25 July. I Senate Hansard, 2, col. 15.
210
A SURVEY OF RACE RELATIONS, 1977
areas, the Cape, in certain areas in the Eastern Cape and the South Western districts.2 Minima in these areas were last reviewed in 1973 and were: R14,50 per week in the Cape Peninsula; R12,00 per week on the Reef, in Durban and Port Elizabeth; R12,00 per week in Bloemfontein and Kimberley and R10,00 per week in East London. At the Cape Town sitting the Cape Em ployers' Association asked for an initial increase in unskilled labourer's minimum wages to R27,50 per week followed by a rise to R31 in 1978 and to R35 thereafter. In its evidence to the Board at the Johannesburg sitting, the Central Bantu Labour Board asked for a minimum wage of R25 per week. It claimed that an African worker with four children on the Reef needed an income of at least R166,75 per month.' The Board also conducted investigations in Newcastle, a growth point area, for the first time. Most border areas and growth points are exempt from statutory wage regulating machinery.' Details concerning wage determinations and other wage agree ments negotiated in terms of the Industrial Conciliation Act and the Bantu Labour Relations Regulation Amendment Act are given under the relevant sections on industries and trades. The following table comparing average wages for different job categories for the respective black groups was drawn from Urwick International's June 1977 publication entitled "Salaries, Fringe Benefits and Employment Practices for Asians, Blacks and Coloureds", covering 100 000 individual salaries of 200 companies nationwide. WAGE RATES Rand per Month African Cook (male) ................ 134,00 Messenger ................... 158,00 Waitress (female) ............. 103,33 Scooter Driver ................ 200,00 Copy Typist (over 25) ......... 213,00 Telephone Operator (over 30) General Clerk (male, 22-24) General Clerk (female, 22-25) Senior Clerk (male, over 30) Bookkeeper (male) ............. Storeman (over 25) ............. Operative Grade I (male) Operative Grade I (female) Operative Grade 22 (male) Operative Grade 2 (female)
....... ...... ...... ...... ...... ...... ...... ......
172,00 161,00 121,00 312,00 258,00 200,00 112,67 91,00 130,00 99,67
Asian -
179,00 -
239,00 (aged 21-25)
Coloured 151,00 155,00 121,33 236,00 273,00
-
252,00 202,00 .433,00 365,00 337,00 147,33 .91,00 160,33 169,00
2 Government Gazette No. 5732, 4 September. 1 Financial Mail, 25 November. 2 Financial Mail, 16 September. 1 e.g. General labourer, office/yard cleaner, gardener, warehouse labourer, packer. 2 e.g. Boiler foreman, senior pool labourer, machine operator, pneumatic tool operator.
260,00 205,00 346,00 381,00 138,67 99,67 151,67 164,67
INCOMES AND WAGES WAGE RATES Rand per Month Operative Grade
African
(male) .........................
143,00
(female) ................... 44 Grade Operative (male) ....... (female) ... Sales Assistant
... ... .... .... ... ... ................
99,67 ... ...
Sewing Machinist ............. Artisan Assistant (construction) Panel
Beater
Asian
Coloured
33
(motor industry)
200,00
-
216,67
160,33
.169,00 .112,67 130,00
.173,00
260,00 138,67 179,00
99,67 ... 154,00
117,00 320,00
130,00 260,00
130,00 303,00
346,00
100,00 374,00
154,00 164,67
147,33 169,00
250,00 134,33
... ...
...
117,00
260,00 -
-
Workshop Mechanics Assistant (motor industry) ................. Foreman ...................
Shift/group leader (male, controls over 10 staff) ................ (female, controls over 10 staff) ... Qualified electrician Qualified bricklayer Personnel Officer
............. ............. ............
380,00 161,00 451,00
-
400,00
411,67
-
In converting weekly and hourly wages to monthly equivalents figures have been rounded to the nearest Rand. In more than half these categories the average wage for African workers falls below the Household Effective Level (HEL) of R202 computed for April 1977 by the Institute for Planning Research, University of Port Elizabeth. A joint SMB Management Services and Perolmes Salary Survey of approximately 500 firms covering 700 000 employees estimated that salary increases in the months October to December this year would be lower than normal. It noted that the sharp increases in African and Coloured wages in 1974/75 had subsided. African increases were still higher than white increases which, however, had not decreased as sharply. The survey also found that African wages were reviewed more frequently than those of whites in order to keep them in line with the upward movement in the poverty datum line.' It showed also that flexitime had been adopted by about one third of the firms surveyed, that approxi mately 75% of the firms provided assistance to employees wishing to study further, and that Christmas or holiday bonuses were accepted as a right rather than a priviledge.2 An examination in November 1976 of the wages paid in six US companies, all of whom had signed the equal employment practices manifesto, revealed that the average minimum wages for the six companies were R134 per month, and the average wage to all the 14 500 African employees was R148 per month.' 3 e.g. Boiler attendant, complex machine operator (no fixed stops). 4 e.g. Engine room attendant, complex machine operator. 1 Financial Mail, 7 October.
2 Star, 6. October. 1 Rand Daily Mail, 20 June.
212
A SURVEY OF RACE RELATIONS, 1977
The government's policy on wages this year was to dis courage wage increases as far as possible in all sectors. In May, Mr Fanie Botha, the Minister of Labour, held talks with the Trade Union Council of South Africa, the Confederation of Labour and with the Confederation of Metal and Building Unions (CMBU) which resulted in an agreement that wage and salary demands would in many cases be held back or modified. No high wage de mands would be granted in the major industries.2 TUCSA's general secretary, Mr. Grobbelaar, commented earlier in the year that SA would have to live with sporadic unrest until firm action was taken to raise the pay of the poor. Unrest in the townships was rooted in the deprived living conditions of the mass of the population. He commented that TUCSA had recommended that a basic minimum wage be enforced throughout the country, but this had been flatly refused by the government.' In an address to the National Development and Management Foundation seminar on understanding and motivating African workers, Mr E. R. Silberbauer, an industrial consultant and direc tor of the Productivity and Wage Association, said that Africans in many instances were paid below the value for the job. He said the principles commonly used by employers in fixing African wages varied between paying a purely arbitary wage fixed by the foreman who hired the labour, paying the amount fixed by a wage determination or paying a so-called 'fair wage' above the minimum fixed by the government determination. He suggested that committees comprising African members should be established in individual factories to evaluate work done by the African staff.' ECONOMICALLY ACTIVE POPULATION
The Department of Statistics estimates for the economically active population as of 31 December 1976 and the percentage increases over 1975 for each race group are as follows.' % increase over 1975
Whites 1827000
Coloured 835000
Asians 233000
Africans 7315 000
Total 10210 000
4%
3,5%
5,4%
4,7%
4,5%
18%
8,2%
2,3%
71,6%
100%
% of 1976 total
.
Dr. Lieb Loots, a researcher for the economic advisory office of the Prime Minister, gave the following 'high' estimates for the economically active population for all races for the years 1970 to 1976:2 2 Star, 26 May. 3 Rand Daily Mail, 28 April. 1 Eastern Province Herald, 2 February. 1 Hansard 3, col. 216.
2 L. Loots, "Alternative Approaches to the Estimation of Unemployment," unpublisnea paper, March
1977.
ECONOMICALLY ACTIVE POPULATION
1970 1971 1972 1973 1974 1975 1976
Common area 5578 5721 5884 6051 6206 6376 6551
Homelands' 2832 2921 3018 3117 3211 3314 3420
The government's Economic Development Programme for 1976-1981 projected an average annual growth of 2,7% in the total economically active population. On the assumption of a net immi gration of 30 000 whites per annum an increase of 2,43% p.a. on average in the white economically active population was estimated (1,55 % without immigration gain). White women would constitute 29% of new white entrants into the labour force over the period. Projected average annual rates of increase for economically active Coloured and Asians were estimated at 3,23% and 2,97% respec tively. Coloured women were expected to increase from 24,1% of the total Coloured labour force in 1975 to 28,8% by 1981. African women would represent 40,6% of all new entrants to the total African labour market over the programming period.' The EDP stated that an increasing percentage of white were moving towards the professional and managerial occupations, whereas a declining percentage of whites would be employed as pro duction workers. The percentage of whites employed as artisans and apprentices would also decrease but to a lesser extent. Coloured people would look to artisan/service/clerical categories rather than production work, and Asians to the professions. Africans would move increasingly towards the production group. These projec tions took into account the availability of the total labour force, and the scarcity or surplus of persons from the different popula tion groups available for specific occupations.' UNEMPLOYMENT
There are no official statistics on African unemployment. The Minister of Labour gave the following figures' for the number of whites, Coloured and Asians unemployed as of 31 December 1976. Whites Coloured Asiatics Total
6 572 7798 3 130 17 500
3 Including migrants to the common area. 1 Economic Development Programme of the RSA 1976-1981, pp. 91, 92. 2 Ibid, p 101.
I Hansard 3. col. 168.
A SURVEY OF RACE RELATIONS, 1977
The following table2 gives the unemployment figures for male and female whites, Coloured and Asians for nine sectors as regis tered at the government employment exchanges as at March 1976 and March 1977. The percentage increases are calculated in com parison with the corresponding period for the previous year.
Professional and Semi-professional Administration and Clerical Commercial Service and Transport Skilled Trades Operatives and Semi-skilled Unskilled Other Total
March 1976 No. % 15,1 160 29,9 3 340 1 055 13,4 20,4 1 223 18,4 1 338 13,9 2422 2615 11,9 257 32,5 12410 18,8
March 1977 No. % 325 103,1 5 967 78,7 2051 94,4 2 068 69,1 4531 238,6 7696 217,8 4097 56,7 55,6 400 118,7 27 135
By the end of October, registered unemployment amongst whites had reached 10 927, amongst Coloured 14 231 and Asians, 5 612 which comprised 0,7%, 2,7% and 3,1% of the respective work forces for each group. Unemployment estimates differ greatly according to the method used to calculate the figures. A conference on unemploy ment was held by the University of Natal in March this year at which varying unemployment estimates were given. Professor P. J. van der Merwe of the University of Pretoria gave the follow ing estimates' of African unemployment: (1 000's) Urban Areas White Rural Areas
1970 1971 1972 1973 1974 1975 1976 1976 Sept 30 1976 Dec 31
227 201 226 175 128 113 151 180 222
25 81 138 191 257 315 377 389 401
Homelands (includes cumula tive increase in underemployment 32 124 227 258 325 377 396 418 437
He calculated that African unemployment in urban areas in creased at an average rate of 10 000 per month during the third quarter of 1976, and at a rate of 14 000 per month during the last quarter. The sharpest absolute decreases in African employment occurred in the manufacturing (19 800) and construction (14 800) industries during the last two quarters of 1976. 2 Stats, June 1977, p. 93. 1 P. J. van der Merwe, Black Employment Problems in South Africa, Pretoria, November 1976, table 3.
215
UNEMPLOYMENT
Professor van der Merwe estimated unemployment for July 1977 as 144 000 for Coloured, 30 000 for Asians, and 133 000 for whites. Urban African unemployment, he estimated, increased at a rate of 15 000 per month during the. first three quarters of 1977. Dr. Lieb Loots gave the following four unemployment esti mates2 for all races. Each estimate was calculated on a different basis.
1970 1971 1972 1973 1974 1975 1976
1000's Very High High 1 019 448 1127 561 1 315 755 1405 854 1 484 967 1 656 1 171 1856 1414
Medium 251 361 609 711 792 967 1174
Low 58 168 446 554 635 812 1021
Mr. Charles Simkins' estimates', given below, show a higher level of unemployment than those of Mr. Loots for the same years. The figures are in respect of all races in all areas of the Republic. 1 000's Labour Supply Employment 1970 1971 1972 1973 1974 1975 1976 1977
8614 8809 9066 9331 9 576 9765 9997 10278
6856 7062 7175 7433 7586 7751 7858 7977
Unemployment 1758 1747 1891 1898 1990 2014 2139 2301
20,4 19,8 20,9 20,3 20,8 20,6 21,4 22,4
In July 1977, Professor A. Spandau of the University of the Witwatersrand estimated that total unemployment including the homelands had reached 1 500 000. Various projections regarding future unemployment trends were also made. The government's Economic Development Pro gramme (EDP) for 1976-1981 stated that rising unemployment amongst all races was inevitable. Its figures, which it admitted were under-estimates, placed the total jobless at 502 000 in 1975 rising to 564 000 in 1981. These figures included an increase in African unemployment from 492 000 to 552 000. The 1981 figure excluded the projected rise in unemployed farm workers because of the difficulty in obtaining reliable statistics for this sector.1 It stressed that a minimum annual growth rate of 5% was necessary in order to meet the employment demands of the rapidly growing 2 L. Loots, op cit. March 1977. 3 C. Simkins, "Measuring and Predicting Unemployment in South Africa 1960-1977". un published paver March 1977, table 20. The table excludes his estimates for 1960-69. 1 Financial Mail, 10 June.
216
A SURVEY OF RACE RELATIONS, 1977
labour force. In the preface to the report, Dr. P. Riekert esti mated that the economy would not achieve an annual growth rate of more than 3%-4% over the whole programming period. Pre liminary estimates showed that the real GDP grew by 1,5% in 1976.2 At the annual AISEC congress on Manpower and Planning, Dr. Wim de Villiers, an economist, stated that S.A. had to provide 2 800 000 jobs before 1980 and 3 700 000 in the next decade if there was to be full employment for all races.' Professor van der Merwe estimated that the growth in the labour force had reached a minimum rate of 2,7% per year, which meant that an average of 290 000 additional employment opportunities are required each year, which is unlikely to be realized. Employment in the non agricultural sectors of the economy increased by only 101 000 in 1975 and 90 000 in 1976. Professor van der Merwe stated that it was unlikely that unemployment would stop increasing up to 1981.2 In its June survey of 1 200 companies, Manpower revealed that potential openings for the three months from July to Septem ber would be the lowest for the past 18 months. The survey stated that unemployment was mainly an African phenomenon. Far more Africans than whites were being declared redundant, redundant whites found new employment more easily than redundant Africans, and there were far more Africans entering the labour market than whites.' In a later survey published in September for October/ November/December, Manpower predicted a slight improvement in the employment situation. It stated that the number of com panies planning decreases in both white and African employment was at its lowest point for fifteen months. The average planned decrease in white staff dropped from 15,6% at the beginning of 1977 to 8,6%, and African staff from 19,3% to 10,8%. In the African sector more companies were planning decreases than in creases, while in the white sector the figures were about the same. The most severe decreases in African staff were predicted in civil engineering; clearing, forwarding and cartage; farming and horti culture; fishing and shipping; local government; the leisure pro ducts industry; mining (precious metals); paper, printing and publishing; retailing; timber manufacturing; vehicle manufacturing; and vehicle retails. A survey by Market Research Africa revealed in September that the unemployment rate of Africans over 16 in Johannesburg, Pretoria and on the Reef was at least 18,8%, or approximately 199 280 persons. The minimum percentage per area was Johan nesburg 19,5%, Pretoria 14,1%, East Rand 21,6% and West Rand 2 I 2 3
Rand Daily Mail, 9 June. Rand Daily Mail, 6 July. Star, 4 July Rand Daily Mail, 1 July.
4 Manpower Survey, October/November/December 1977.
UNEMPLOYMENT
217
11,8%. Fifty-one percent of those who were unemployed and were actually seeking work had been out of work for more than six months. The survey also established that the greatest percentage of those out of work were those with either no education or with only primary education - 14,9% and 22,1% respectively. Those who had completed high school had an unemployment rate of 8,5%. The highest rate of unemployment was for the 16 to 24 year olds (22,5%) as compared with a 20,1% rate for the 25-34 age group and a rate of 18,1% for the 35-49 age group. Only 10,4% of those over 50 were out of work. The percentage of women unemployed was 19,3%, and of men 18,3%.' Government officials were reluctant to admit that unemploy ment was reaching crisis proportions. In February, Mr. S. P. Botha, Minister of Labour, stated that although the number of work seekers was greater than it should be, it did not constitute a crisis. He announced that a survey to examine African unemployment had been planned.2 In March, Mr. Manie Mulder, chairman of the West Rand Administration Board (WRAB) said that unemploy ment amongst African men in the Johannesburg area was not serious. He based his claim on WRAB office figures which showed that 7 574 were jobless in December 1976 at a rate of 300 work seekers per day, although it was widely acknowledged that these 3 were underestimates, and therefore not reliable. In his statement on the February meeting of the Economic Advisory Council (EAC) Mr. Vorster acknowledged that unem ployment for all race groups was increasing rapidly. He stated that there were labour shortages in some areas due to job preferences amongst Africans, insufficient information and restrictions on the mobility of labour. He said the Council accepted the fact that official labour figures on unemployment were under-estimates of the actual number of unemployed Africans. However, the Council was not prepared to accept other estimates published as there was no way of ascertaining their accuracy. 4 During the year various methods of combating unemployment were discussed. Increased use of labour intensive production methods as one means of alleviating unemployment was supported by the Prime Minister's EAC, the Federated Chamber of Industries (FCI) and the Handelsinstituut, amongst others. Obstacles hinder ing a move in this direction were mentioned. At present tax con cessions encourage mechanisation as 30% of the cost of plant or machinery is deductible from taxable company profits. Lower electricity rates are charged to industry and mining than the 1 Star, 7 September. 2 Rand Daily Mail, 22 February. 3 Ibid, 9 March. 4 Ibid. 5 April.
218
A SURVEY OF RACE RELATIONS, 1977
private consumer, and agricultural and industrial users are exempt from a tax on diesel fuel. Furthermore farmers can obtain low interest loans from the Land Bank for the purchase of agricul tural equipment. The trend towards mechanisation is evident in sectors such as mining, where 60% of a R150m ten-year programme is concerned with research into new techniques of mechanisation; and agricul ture where the sale of large 200 kw tractors has increased tenfold since 1974 enabling farmers to reduce their labour force substan tially. 1 Moreover, the research undertaken by the Department of Agricultural Technical Services has been geared to labour saving techniques. As reports of rising unemployment were made public, industry and union leaders called on the government to introduce labour intensive relief programmes, similar to the proposed project for the electrification of Soweto, to ease the situation. At the man power Conference in July, Professor Spandau estimated that work creation programmes might reduce the rise in unemployment by a third. He specified that the substitution of labour for machinery was a possibility in road construction, building, woodwork, the manufacture of bricks, tiles and some metal products and materials, handling or packaging. At the same conference, Mr. M. O'Dowd of Anglo-American, suggested that 'back-yard busi ness' in Soweto could be a potentially labour intensive sector.' Other methods of combating unemployment suggested during the year were the promotion of family planning, and improved internal manpower planning including the creation of local man power planning councils to provide specific remedies in specific communities,' and worksharing. In mooting this latter idea, Pro fessor van der Merwe suggested that worktime could be reduced to enable two or three people to be paid for work formerly done by one person. Increased leisure time could be used to encourage African home improvement and home building schemes. Professor S. P. Cilliers of the University of Stellenbosch said worksharing would have detrimental results - if work hours and pay packets were reduced proportionately, there would be no reduction of poverty, while if work hours were reduced and pay kept the same productivity would drop from its already low level which would be counter-productive to resolving long-term economic problems. Mr. T. J. Makhaya, deputy chairman of the then Soweto Urban Bantu Council, was strongly opposed to work-sharing, holding that it would create confusion and hatred.' Professor van der Merwe also suggested introducing wage subsidies to help the unemployed, and programmes of youth training to satisfy the job aspirations of the 1 Financial Mail, 11 February. 1 Star, 5 July. 2 Ibid, 4 July. 3 Rand Daily Mail, 18 February.
UNEMPLOYMENT
219
younger job seekers. He suggested that foreign contract workers, contract workers from the 'homelands', and married females whose husbands were in employment should be laid off first when redun dancies were considered." In its evidence to the Cillie Commission ASSOCOM proposed the following measures to reduce unemployment: the abolition of restrictions resulting from the Environment Planning Act which preclude commerce and industry from absorbing the natural growth of the labour force if they so wish; the abolition of the legal provision which effectively allows trade unions to place ratio limitations on the employment of Africans; the abolition of job reservation legislation and influx control and restrictions on free dom of movement which inhibit the use of African labour where most needed.' Mr. Botha said in May that the only way to alleviate unem ployment was for the public to buy South African. This would create work opportunities and stimulate the economy. Some com mentators felt that this idea was too simplistic as imports are mainly non-consumer goods, for example, machinery, raw materials, defence equipment, computers, etc. Moreover the consumer is already primed to buy locally produced products. In an address to the Institute of Race Relations in August, the Reverend Dale White, director of the inter-denominational Agency for Industrial Mission (AIM) called for the creation of a JOBS fund (Johannesburg Opportunities for Community Service and Black Self-Help) to alleviate unemployment. The fund would provide financial help for the unemployed in Soweto by creating work opportunities for them within their own community. AIM was engaged in ongoing research on the topic, and with the South African Council of Churches organised a conference on unemploy ment in November. Unemployment Insurance The Minister of Labour stated in Parliament that 99 280 employers were registered with the Unemployment Insurance Fund (UIF) at the end of 1976, and 2 632 000 employees were paying contributions to the Fund at that date.' The Fund's balance at the end of 1976 was R212 141 242; the total amount paid into the Fund amounted to R26 233 668,2 while the total paid out was R29 037 033. These benefits were paid in respect of 182 076 people as opposed to 146 073 in 1975. The breakdown per category of application for 1975 and 1976 was as follows: 4 Sunday Tribune, 20 March. 5 Star, 17 February. 1 Hansard 2, coi. 87. 2 Department of Labour, Report of the Unemployment Insurance Fund, 31 December 1976.
220
A SURVEY OF RACE RELATIONS, 1977 Category
No. of applications approved 1975 1976
Ordinary unemployment benefits ....... ... ...
Illness allowances ...... Maternity benefits ...... Payments to dependents of deceased contributors
Amount 1975 1976 R
62068
94521
6312652
10063251
35 963 40951
37 730 42 443
7 446 031 7 327 904
8 770 807 7 799 319
7091
7382
2166 111
2403656
In 1976, 1 335 appeals against refusals for benefits were heard and 358 upheld. The respective figures for 1975 were 1 053 and 293. The Act empowers the Board, at its discretion, to authorise payments of ordinary unemployment benefits and illness allow ances in excess of the prescribed 26 weeks in a period of 52 con secutive weeks. The Board considered 1 046 such applications in 1976 and approved 547, in comparison with 887 and 436 respec tively in 1975. Penalties are imposed in terms of the Act on those employers who, after due warning, fail to pay contributions. In 1976 a total amount of R6 761 was paid in penalties, as against R4 340 in 1975. An amount of R28 225 3was paid in fines and on admission of guilt in magistrates' courts. April figures for the UIEF showed that while unemployment claims had increased 'by approximately 80% over the previous year, the Fund was making payments to only 27 355 unemployed whites, Africans, Coloured and Indians. 4 By September this year 51 930 people were drawing benefits as opposed to 26 222 in January, the totals paid out being R4,38m and R2,68m respec tively. -5 In February it was reported that the Unemployment Insurance Fund Board was drawing up contingency plans to release further monies to ease unemployment in terms of section 46 of the Unemployment Insurance Act. Opposition to the evoking of this clause was expressed by Mr. Wessel Bornman, a board member, who claimed that large-scale unemployment was the responsibility of the government and that the evoking of the clause would drain the Fund.' By August no decision on the issue had been taken. The Unemployment Insurance Act (1966) was amended this session. The main change concerns the basis of the calculation of contributions, and benefits payable to contributors. Whereas pre viously payments were calculated on a group income basis, they are now calculated in percentage terms. An employer contri butes a sum calculated in respect of 0,3 % of the employee's earnings, the employee contributing 0,5%. Benefits paid out are now calculated at the rate of 45% of the weekly earnings at which 3 Ibid. 4 Sunday Express, 22 August. -5 Star, 7 November.
I Star, 18 February.
UNEMPLOYMENT INSURANCE
the employee was last employed. Benefits are payable for a maxi mum period of twenty-six weeks in a period of fifty-two consecu tive weeks although exceptions may be made. These may be re fused if a contributor who is unemployed refuses to accept work which the claims officer deems "suitable". "Suitable" work is now divided into two categories according to the workseeker's wage level. For those whose earnings do not exceed R780 per annum "suitable" work means any work including work in agriculture, and domestic work. For contributors earning above R780 the claims officer has the power to decide what constitutes "suitable" work, providing that the remuneration is not less than 75% of the remuneration payable for work wherein the contributor is nor mally employed. There are serious shortcomings both with regard to the scope of the Fund and its administration. The following categories of workers are amongst those excluded from drawing benefits: " Those earning less than R10,50 per week or less than R564,34 yearly; " Domestic servants, agricultural workers, and blacks employed in gold and coal mines if supplied with food and quarters; " Persons whose earnings are more than R6 760 p.a.; * A husband who employs a wife and vice versa; " Seasonal workers and those whose earnings are calculated on a commission basis; • Persons employed permanently by the public service and those employed by a provincial administration who contribute to the Government Service Pension Fund; " African teachers who are members of the government's non white Employees' Pension Fund.' Mrs. Sheena Duncan of the Black Sash called for the intro duction of a non-contributory dole to cover all workers who are not covered by the Act.2 Criticism of the administration of the Fund was widespread this year. At Hammarsdale it was found that people had been signing for benefits, some from February 1976, without receiving any money. The Black Sash reported that in Natal people were prevented from initially applying for benefits because the Depart ment of Labour claimed there were no forms.3 Accusations were made by workseekers that labour bureaux officials were thwarting their efforts to obtain UIF benefits by sending them to interview for jobs for which they were unqualified or which had been filled already.' Workseekers felt that they were kept moving deliberately to prevent them from applying for UIF benefits. 1 Star, 16 February.
2 Rand Daily Mail, 17 March.
3 Financial Mail, 15 July. I Rand Daily Mail, 18 February.
222
A SURVEY OF RACE RELATIONS, 1977
Other obstacles mentioned which prevented the smooth opera tion of the Fund were that employers failed to register workers as contributors to the Fund or failed to apply for their contributors' record cards without which no benefits could be paid. Alternatively they took contributions from workers who could not contribute to the Fund. Furthermore, the enforcement of obligations for em ployers tended to be lax in spite of legislative penalties under the Act. At present no African worker may claim benefits outside the area in which he is entitled to register as a workseeker. After the Natal Branch of the Black Sash had complained to the Minister a meeting was held attended by Mr. Jaap Cilliers, the Secretary for Labour, labour officials and a Sash representative. Mr. Cilliers suggested that increased information about the Fund could be disseminated through Radio Bantu, and he undertook to look into the training of his staff to improve efficiency.' In September, Mr Cilliers announced that the Unemployment Insurance Board was considering extending beyond 26 weeks the maximum period for which the unemployed were entitled to receive benefits. The Board had also recommended that the earnings ceil ing for contributors be raised to allow the Fund to cover people whose wage rises had pushed them over the limit. The lower ceil ing would not be changed. He also stated that the Department would not hesitate to prosecute employers who did not keep em ployees' cards up to date. This negligence created delays in the payment of benefits.4 Mr. Cilliers also promised through the Kwa Zulu Government, to give practical training to homeland officials in aspects of unemployment insurance.5 LABOUR BUREAUX
Professor P. J. van der Merwe stated1 in March that there were 450 local labour bureaux, 342 district bureaux and 500 tribal labour bureaux in operation in the country. He estimated that only 20-25 % of workseekers use the bureaux. This was due mainly to the ignorance of workseekers, the poor image labour bureaux have for workseekers and the distances involved in travelling to and from bureaux. Dr. M. Savage estimated that the labour bureaux cost an average R15 000 each to run each year. Using 1974 figures he estimated that in total approximately R47 160 000 annually was spent on labour contracts and the labour bureaux system (excluding expenditure on pass laws).' 2 3 4 5 1 2
Ibid, 7 March, Financial Mail, 5 August, p 492. Financial Mail, 14 October. Sunday Tribune, 8 September.
P. J. van der Merwe, op. cit. The
Challenge of Change and Some Arithmetic of Apartheid, Conference
Institute of Race Relations, January 1977, pp. 15, 16.
Report,
SA
223
MIGRANT WORKERS
MIGRANT LABOUR
The following numbers' of foreign and S.A. workers were registered as at the 30 June, 1976, in each category of labour as defined in the Bantu Labour Act. Foreign SA 16 648 562 622 317 204 377 058 12 575 747 629
Agriculture ............ Mining and quarrying ....... Manufacturing .........
Construction
..............
Total
....... ...
Wholesale and retail trade ... Government service ...... Domestic service ......... Other ... ... .... ... ...
...
...
8 878
406 977
4241 11 265 13 130 6069
354077 481 221 608 955 304376
390010
3842915
In the paper already referred to, Dr. Savage quoted the esti mates of Jill Natrass that 1 490 000 or 43 % of African men, and 260000 African women in registered employment in S.A. are migrant workers. These figures include local and foreign migrants. The Minister of Bantu Administration and Development gave the following figures' in respect of the number of foreign Africans working in the Republic as of February 1977, according to their places of origin: Malawi ... Mocambique
... .... ....... .............
12761 111 257 32 716
Angola ... .... ... ... ... ............ Botswana Lesotho ....... ... ... ... Swaziland ............. Zambia ... ... ....... ...
Rhodesia
... ... ... ... ...
805 43 159 160 634 20750 766
Total
............
382848
...
Dr. Lieb Loots estimated the number of migrants from the homelands from 1970-1976 as follows: 2 Oscillating migrants" Commuters
1 000's 1971
1972
1973
1974
1975
1976
1007
1 042
1 077
1 112
1 147
1182
1 218
291
331
377
429
489
557
634
1970
The above are his 'high' estimates. During the year proposals were mooted to curb foreign migrant workers, to alleviate the unemployment situation in S.A. Professor van der Merwe suggested that first preference should be given to the employment of workers legally resident within the area of jurisdiction of each particular labour market. He com mented that restrictions on the supply of migrant labour calls for close co-operation between the different countries in Southern Africa and with the homelands, so that the burden of unemploy 3 Hansard 7. col. 580. 1 Hansard 3., cols. 259-260. 2 L. Loots, oxi ci. 3 Commuters.travel to work outside the homeland on a daily basis.
A SURVEY OF RACE RELATIONS, 1977
ment may be equally shared. Mr. P. J. Paulus, general secretary of the Mineworkers' Union, stated in The Mine Worker that many of these countries were not friends, "but their people earn their bread here, and by doing so take the bread from the mouths of South Africa's black workers". He claimed that if all African workers from neighbouring countries were repatriated there would be more than enough work for the African jobless in this country. However African unemployment stood at approximately 1,5 mil lion as compared to an estimated 382 248 foreign migrant workers in February 1977. Thus closing the borders would only alleviate the situation in a marginal sense. Dr. D. Clarke. lecturer at Natal University, was concerned that the 'displacement' of foreign migrants would increase the structural unemployment in neigh bouring countries. He estimated that the labour surpluses of Afri can men in neighbouring countries from 1969 to 1976 were as follows: Botswana ............. 4000 Swaziland ............. 7000 Lesotho ....... ... ... 12 500 Rhodesia ............. 175 000 Malawi ................ 280 000 Mocambique ......... 493 000 He calculated that the number of foreign workers displaced from S.A. from 1970 to 1977 probably constituted approximately 35-37% of the growth in the wage-labour force of African men in supplier states and approximately 13% of the growth in the labour surplus in these states from 1969-1976. He held that even without foreign labour displacement from S.A. from 1972 onwards supplier countries. because of a structural surplus of labour, would have been unable to absorb new entrants in the labour market. Unemployment of 8,5% amongst residents in the Cape led to a curb on the number of local migrants employed there this year. Figures for March 1977 indicated that of the 29 355 African workers living permanently in the Cape, 2 515 were registered as jobless,2 but there were indications that the number was in fact considerably higher. In 1975 the Du Randt report on migratory labour favoured the retention of the migratory labour system but made recommen dations for its improvement. The report was not made available to the public but was retained as a departmental work manual. Cer tain changes in the administration of the system were made follow ing the report's recommendations. In giving evidence before the Cillie Commission, M. S. Potgieter, Deputy Secretary for Labour, remarked that the Minister of Bantu Affairs intended discussing 1 D. Clarke, Foreign African Labour inflows to South Southern Africa, unpublished paper, March 1977, table 8. 2 Rand Daily Mail, 25 March.
Africa
and
'unemployment,
in
MIGRANT WORKERS
225
matters relating to migratory labour with the homeland leaders.' For more details on migrant labour from the homelands see the section on the physical development of the homelands. RESERVATION OF WORK
Individual exemptions granted from work reservation deter minations for the years 1974, 1975 and 1976 were as follows:' 1974
... ....... ....628
1975 ... ... ... ...311 1976 ... ... ... ...340 The Minister stated that 18 employers were prosecuted for contraventions of work reservation determinations under section 77 in 1976. All prosecutions were in respect of the building in dustry and a total of 26 employees were affected. 2 A list of work reservation determinations in force in 1976 was given in last year's Survey. This year, the Industrial Tribunal investigated all existing determinations. At the time of writing the following 18 work determinations had been cancelled follow ing hearings by the Tribunal in various parts of the country: Industry
Determina tion No.
2.
Driving of motor vehicles in the cleansing department, Muni cipal undertaking -
5. 8. 9. 10. 11, 12.
Industry -
15. 17. 18. 19. 20. 21. 22.
Cape Peninsula.
Motor transport driving, certain industries, magisterial dis tricts of Odendaalsrus, Ventersburg, Virginia and Welkom. Certain work in abattoirs and in the wholesale meat trade -
14.
Durban.
Passenger lift attendants in various industries and under takings - Municipal areas of Bloemfontein, Johannesburg and Pretoria. Clothing Industry - Republic of SA. Work in the Health Department, Municipal undertaking Springs. Drivers and Conductors in the Road Passenger Transport
Witwatersrand and Pretoria.
Work of barman in the Liquor and Catering Trade - Muni cipal areas of Durban and Pietermaritzburg. Motor vehicle driving - magisterial district of Durban. Liquor and Catering Trade (certain work) - Western Cape and Natal. Footwear Industry - Republic of S.A. Driving of motor vehicles, road construction machines and earth moving machines - Transvaal, Orange Free State and Natal. Furniture Industry - Republic of S.A. Motor vehicle driving in certain industries - certain magis terial districts in the Transvaal and Orange Free State. Motor vehicle driving, Union Liquid Air Company - Trans vaal and Orange Free State.
1 Rand Daily Mail, 17 April. 1 Senate Hansard 2, col. 12. 2 Hansard 7, ol. 601.
226
A SURVEY OF RACE RELATIONS, 1977 23. 24. 25.
Liquor bars Liquor bars Motor
and Catering Trade, work of barman in white public Western Cape. and Catering Trade, work of barman in white public Municipal area of East London. vehicle driving - Divisional Council of Port Elizabeth.
The majority of the cancellations affected African workers minimally, as widespread exemptions allowing Africans into pre scribed positions had been granted in many industries, while, in others, there were very few Africans in the workforce at the time of the cancellations. For instance, in the case of Indian bar men, a substantial number of exemptions had already been granted, and in motor transport there had been almost no white drivers for a number of years. Determination no. 10 was already obsolete as the company had ceased to exist, while complete exemption had been granted for determination no. 2. The Minis ter of Labour mentioned that before cancelling the determina tions he had gained the consent of most of the trade unions con cerned. He also announced that work reservation determinations nos. 3 and 7, covering the Iron, Steel, Engineering and Metal lugical Industries for the RSA, had been suspended indefinitely. Exemptions allowing African workers to fill semi-skilled posts, provided that no whites were available, had been in operation in terms of a supplementary agreement to the industries' industrial council agreement prior to the suspension of the determinations. The industries' union had wanted to cancel the supplementary agreement in 1977, arguing that it did not apply when union members' jobs were threatened by an economic recession. It later agreed to extend the agreement's terms, as part of a wage deal.1 The following work reservation determinations were still in force at the end of the year: determination No. 4, Municipal Undertaking - Cape Town (Traffic police, ambulance services and fire brigade departments); determination nos. 16 and 26 for the motor assembly industries for the RSA (excluding Pretoria Magisterial district) and for this district, respectively; determina tion no. 27 for the mining industry; and determination no. 28 for the building industry. Both the mining and building industries have strong conservative white trade unions, and, in the former industry, concerted opposition to the cancellation or suspension of its determination (no. 27) was voiced. At the Tribunal's hearing, Mr. P. J. Paulus, general secretary of the Mineworkers' Union (MWU), held that there would be friction if Africans entered his members' workplaces to do sampling and surveying. The Under ground Officials' Association, representing the 1 600 whites doing sampling, surveying and ventilation work, held that it was pre mature to abolish job reservation.2 Prior to the hearing, Anglo 1 Financial Mail, 12 August.
2 Star, 9 August.
RESERVATION OF WORK
227
American had circulated a letter to all white employees on its gold mines, announcing that it intended requesting that the deter mination be cancelled or suspended. The letter had stated that no white would lose his employment or suffer a drop in pay as a result of any job changes, and that white jobs would not be given to African workers at lower rates of pay. In the case of the building industry, the Master Builders, and Mr. Gert Beetge, of the Blanke Bouwerkers Vakbond, had com mented that the formal cancellation of determination no. 28 for the industry would hardly make any difference as it had been extensively watered down by exemptions. On March 31 this year, the agreement allowing exemptions from the building industry's determination forbidding Africans to perform grade I operative work in the Transvaal was with drawn. The Building Workers' Union argued against its renewal due to unemployment amongst white artisans. The agreement was approved in July 1975 when white artisans were awarded, in exchange, guaranteed employment for the next twenty years, a R1 million unemployment fund which pays artisans their full minimum wage plus fringe benefits, and a pay rise. During the period of the agreement 1 051 exemption permits were granted. It was stressed that the withdrawal of the exemptions was not absolute. Employers could still apply for exemption permits after March 31 in certain trades and areas where labour was scarce., During the year builders in Bloemfontein were granted ex emptions from certain sections of the building industry's determina tion. Africans may now be employed as artisan assistants grade I and grade II in the area. This exemption brought formal job reser vation in line with the provisions of an industrial council agree ment made during the year. Richard Beech, general secretary of the Amalgamated Union of Building Trades' Workers, commented that they were allowing Africans to do certain aspects of artisan's work in a controlled way.5 An exemption was also granted from the determination in respect of certain areas in the Eastern Pro vince allowing Coloured persons who were registered with the Industrial Council for the building industry for Port Elizabeth to "perform any work specified in the definition of journeyman's assistant". Effective African advancement in skills is blocked by legisla tive measures other than the Industrial Conciliation Act, such as by provisions under the Mines and Works Act of 1956, the Bantu Labour Act of 1964, the Group Areas Act of 1966, and the En vironment Planning Act of 1967. African job advancement is also blocked by union 'closed shop' agreements where registered (i.e. 3 Financial Mail, 5 August. 4 Rand Daily Mail, 10 February. 5 Financial Mail, 3 June.
228
A SURVEY OF RACE RELATIONS, 1977
white, Coloured and Indian) trade unions conclude agreements with employers which reserve certain classes of work for their members only. Clauses existing in some Industrial Council Agree ments and Wage Determinations defining the ratio of skilled to un skilled workers allowed also act as a barrier to African job advancement. The implementing of the ban against the employment of Afri can managers in urban areas illustrates the way in which the Group Areas Act discriminates against upward job mobility for Africans. A subsiduary of Truworth's, Top Centre, sought registration for a course with the Department of Bantu Education to train eighty African managers for its eighty stores, sited almost exclusively for the African market in cities and towns demarcated white areas under the Group Areas Act. Its application was refused by the Department, which, in a letter, stated "that it was decided at minis terial level that the appointment of Bantu shop managers on a permanent basis in white areas cannot be allowed". 1 The refusal was in terms of Proclamations R3, 4 and 5 of 1968 issued under the Group Areas Act of 1966 which bn anyone other than a white from being employed as a "chargehand, executive, professional, technical or administrative employee, manager or supervisor" in a trading or business concern in a 'white area'. In support of the refusal the Minister of Bantu Administration and Development stated that Africans were "secondary to whites in white areas, just as whites were considered secondary to blacks in the home lands". There was widespread reaction to Mr. Botha's ruling throughout commerce. It was condemned by, amongst others, Mr. J. van Wyk, vice president of the Afrikaanse Handelsinstituut, Mr. Eric Mafuna, director of black communications for the J. Walter Thompson advertising group, and Mr. Jack Holloway, president of the Transvaal Chamber of Industries. The Associated Chambers of Commerce (ASSOCOM) called the ban "unrealistic and unfair", and stated that a fundamental reassessment of government policy was needed.2 After representatives from ASSOCOM had met the Minister he agreed to: " consider ASSOCOM's guidelines on the training and appoint ment of African managers in 'white' urban areas where there are mainly African customers and where all employees are Africans; • consider similar guidelines on the training and use of African managers for African urban townships? A special departmental committee was appointed to investi gate the issue. 1 Financial Mail, 22 July. 2 Rand Daily Mail, 27 July. 3 Ibid.
RESERVATION OF WORK
Recognition that artificial protection of whites in the work situation was becoming less acceptable was likewise expressed by conservative trade union leaders who warned white workers that they would have to improve to hold their own. Mr. A. Nieuwoudt, president of the SA Confederation of Labour said "today the white worker must be good as well as white skinned". Both Mr. T. S. Neethling, general secretary of the Amalgamated Engineering Union, and Mr. Gert Beetge voiced similar sentiments.' These com ments marked a significant departure from past policy statements. In his address to the Chamber of Industries, Mr. W. E. Luke, president of the UK-SA Trade Association, stated that the persis tence of job reservation damaged S.A.'s image overseas, and could lead to economic sanctions being applied to the country. He urged SA companies under domestic control to take the initiative in dis mantling discriminatory measures in industry.' The Industrial Con ciliation Act is one of the terms of reference of the Wiehahn Com mission of Inquiry into Labour Legislation appointed on 8 July. Calls for the elimination of job reservation were made by in dustrial leaders at a seminar "Waste of Manpower" sponsored by the SA Union of Jewish Women in Johannesburg. Speakers agreed that black manpower was being wasted at a great cost to SA productivity. Dr. Zac de Beer, of the Anglo American Corpora tion, said that "a racially stratified society . . . is bound to be economically wasteful." He said Industrial Council agreements entered into over the years between white unions and employer organisations "place a ceiling upon the promotability of black
workers".' MANPOWER NEEDS AND SHORTAGES
Mr. J. A. Parsons, Senior Research Officer for the Chamber of Mines, estimated' that at a given economic growth rate of 5% per annum there would be a considerable increase in the demand for skilled manpower from 1980 to 1990. The "white collar" occupa tions were expected to grow from 16% of the labour force in 1970 to over 20% of the labour force by 1990. He estimated that the supply of whites in 1990 in white collar jobs would be 1 348 000 as against a total requirement of 2 796 000 in the same year. The shortfall of 1 448 000 whites would have to be made up by Afri cans. He estimated a shortage of 65 000 whites in the professional and technical categories in 1980 and 180 000 in 1990, and for all skilled and semi-skilled categories 274 000 in 1980 and 758 000 in 1990. 1 Rand Datty Mail, 17 February. 2 Star, 21 March. 3 Ibid, 5 May. I J. A. Parsons, Manpower Needs for the Future, unpublished paper, October 1976.
A SURVEY OF RACE RELATIONS, 1977
However, as a result of the bias against Africans in education and training, (whites formed 90,9% of all Standard 10 passes in 1970), they would be ill-equipped to fill the semi-skilled and skilled categories in the coming decade. In terms of skills in relation to the population, S.A. with 44 college graduates per 100 000 popula tion compared unfavourably with Japan's 369/100 000. Mr. Par sons stated that the proportion of whites in tertiary education in S.A.compared unfavourably with other developed countries, and the proportion of Africans compared unfavourably even with underdeveloped countries. The relatively low expenditure on edu cation both as a proportion of the national budget and the GNP was one of the reasons for the poor educational profile. Mr. Parsons suggested the introduction of the following mea sures as a means of overcoming the shortage of skilled manpower. In the short term (up to five years) more skilled posts should be opened to educated Africans and job fragmentation should be in troduced to reduce the training time for new incumbents. The establishment of an increased number of part-time jobs for women, especially married women, coupled with tax reforms would induce greater numbers to enter the labour force. Adult education classes such as literacy training should be instituted, because the pay-off would be much quicker than waiting for school children to grow up. Stablisation of migratory labour should be introduced and a panel of experts representing each of the major factors of pro duction should be established to advise the EAC. In the medium term (from five to twenty years) formal educa tion and training of Africans should be improved, especially at the upper secondary and tertiary levels to meet the expected skills shortage. Moves should be made towards a more permanently settled urban African labour force in place of the practice of em ploying migratory labour. In the long term (beyond twenty years) an integrated programme of socio-economic development should be initiated aimed at reducing population growth, which would then permit resources to be employed in developing the quality of the population,rather than the quantity. Dr. E. Drummond, director of the Steel and Engineering In dustries Federation of S.A. (SEIFSA), said that given a 5% economic growth rate over the next five years, 78 000 artisans and technically skilled workers would be needed annually. He esti mated that more than 56 900 per year or 75 % of these workers would be Africans as compared to 7 300 whites. Given that a 5 % growth rate was unlikely, Dr. Drummond suggested a policy of fragmentation of artisan work to create greater job opportunities for semi-skilled workers irrespective of colour. The following table gives projected estimates for the demand for labour from 1975 1981, at a growth rate of 5% per year, for three categories of work for all races:
MANPOWER NEEDS AND SHORTAGES Estimated Number of Artisans and Technically Skilled Workers Required over the Period 1975-19812 No of Persons Average Increase 1975 1981 Per Year Whites Production Workers ...... 120 400 128 000 1 300 52700 1 600 Foremen and Supervisors .,.. 43 300 Artisans and Apprentices ... 223 200 249 700 4400 386900
430400
7300
175 600 5800 47 600
225 900 8 100 70 500
8 400 400 3 800
229000
304500
12600
52 900 3 200 7 800
59600 4300 10 300
1100 200 400
63 900
74 200
1700
Africans Production Workers ...... Foremen and Supervisors ... Artisans and Apprentices ...
954 200 13 900 23 300
1 278 200 20500 33 800
54 000 1100 1 800
Total
991 400
1 332 500
56 900
Production Workers ...... 1 303 100 Foremen and Supervisors ... 66 200 Artisans and Apprentices ... 301 900
1 691 700 85 600 364 300
64800 3 300 10400
Coloured Production Workers ...... Foremen and Supervisors ... Artisans and Apprentices ... Asians Production Workers ...... Foremen and Supervisors ... Artisans and Apprentices ...
In their paper entitled "The Demand and Supply of Manpower in the R.S.A. in the year 1980",1 J. A. Vermaak and S. A. Ter blanche calculated that there would be a total shortfall of 80 704 white workers in 1980. The shortage of white males would occur in the higher educational levels mainly, while there would be a sur plus at the lower levels (i.e. Std. 9 and lower). The shortfall in
the higher educational levels resulted from the high demand for whites in the services and financing sector, the manufacturing sector, the transport and communications sector and the trade
sector which comprised 81 % of the white male labour force. A shortage of white women at all levels was indicated. The re searchers estimated an overall surplus of 31 346 Coloured workers,
a shortage of 15 000 Asians and an overall shortage of 191 482 Africans. (Foreign migrants were not taken into consideration in the calculation of the supply). The projections of shortfalls and
2 Address given to the 10th Annual Economic Congress of the International Association of Commerce and Economic students, 1977. 1 Published by the Institute for Manpower Research, Human Sciences Research Council, Pretoria, 1976.
232
A SURVEY OF RACE RELATIONS, 1977
surpluses were calculated according to the existing racial distribu tion in job categories. These divisions are, in part, a function of job reservation and a lack of adequate training for Africans. APPRENTICES
The Minister of Labour gave the following figures for the number of new apprentices registered annually in terms of the Apprenticeship Act:1 1974 1975 1976
Whites ... ... ... ... ... 9 336 ... ... ... ... ... 9 084 ... ... ... ... ... 9 368
Asians 514 511 464
Coloured 1 368 1 723 1 385
The breakdown per industry for the 1976 totals above is as follows: Industry A erospace
... ... ... ... ... ...
Autom obile
... ...... ...... ....
... ... ... ... ... ... Building . Coal Mining Diamond Cutting .............
Electricity Supply Undertaking
...
Explosives and Allied Industries
...
Furniture ...... ........ Government Undertakings
Hairdressing Jewellers and Goldsmiths ......... M etal (engineering) ... ... ... ...
M ining ................ ...... M otor ......... ...... ...... Printing . ... ... ... South African Railways ......... Sugar Manufacturing and Refining ... T otal
... ... ... ... ... ... ...
Whites 160 56 424 46 53 140 63 22 238 283 18 3 092 987 1 754 349 1 659 24
Coloured
9 368
Asians 1
13 607
82
127
19
71
3
15 283 2 216 43
2 201 110 12
8
34
1 385
464
The following numbers were indentured in terms of the Act 3 for the years indicated: 1974 ... ... ... ... 37330 1975 ... ... ... ... 36426 1976 ... ... ... ... 35634 At the time of writing by far the largest number of appren tices (7 588) were indentured in the Railways and Harbours as opposed to other state departments.' There is a glaring shortage of African apprentices throughout industry and in state departments. Although the Apprenticeship Act does not discriminate on the basis of race, there are other 1 Hansard 3, col. 178.
2 Ibid, 2, cols. 87-88. 3 Senate Hansard, 2, col. 5. 1 Hansard 17. col. 1185
APPRENTICES
means whereby Africans are prevented from becoming apprentices. Mr. A. Boraine MP (PRP) mentioned in Parliament in this respect the blocking of African apprentices and artisans by certain trade unions, the timidity of employers, and confusion in the Labour Department. Dr. Drummond, director of the Steel and Engineer ing Industries Federation (SEIFSA) put part of the cause to the fact that there were no technical colleges in the metropolitan areas which catered for Africans and thus training was restricted to the homeland and border areas. He was not aware of any Afri can apprentices being employed in the Iron, Steel and Engineering Industries at the time.2 Mr. Oppenheimer, in his chairman's review for AECI, said that there was a need for training African appren tices for white apprentices were in short supply as they were being drawn increasingly into the technician and supervisory ranks.' In April an action committee was formed to attempt to find work for apprentices who were out of work in Natal's recession-hit industries. Of the 80 with insufficient work in the building industry in the Durban/Pinetown area, only three were transferred to other employers, 51 were on short-time and six left the industry. In the metal industry 95 apprentices were without sufficient work largely because of a decline in the shipbuilding and ship repair sectors. Forty-one of these were transferred to other firms, new contracts were secured to keep another 33 in work, nine were placed on short-time, while by September, efforts were still being made to place the remaining 12. Other trades which were badly affected were plating, plater-boiler making, electrical and electrical wire manship. Dr. Drummond mentioned that the shortage in Durban was more critical than elsewhere and that the same number of apprentices was still being taken on to avoid shortages when an upturn in industry occurred. He mentioned that there were still shortages in the electronics and electrical trades. ' The consortium which proposed to bring electrification to Soweto stated they would train African apprentices during the pro ject. No opposition from the authorities was expected. It saw the project as part of a training process for African wiremen and elec tricians who would have to operate and maintain the completed installations. 2 EMPLOYMENT IN THE MANUFACTURING INDUSTRY
Manufacturing was one of the main sectors which showed a sharp decline in real fixed investment, contributing to a decline in the real gross domestic fixed investment of 8% during 1976/77. The decline of 14% in fixed investments in private manufacturing was due to the low level of domestic demand and the existence 2 Star, 20 June. 3 Ibid. 1 Financial Mail, 16 September. 2 Star, 7 July.
A SURVEY OF RACE RELATIONS, 1977
234
of surplus production capacity. However, the stock of real fixed capital in private manufacturing showed an increase of about 1 % in 1976/77, at a time when the physical volume of manufacturing production declined by about 4.1%.1 The following table2 gives estimates for the annual employ ment for all race groups for the years 1973 to 1976 in manufac turing. Percentage increases over 12 months are shown in paren theses. 1973
1974
1975
1976
numbers White, p.a. 0/%inc.
260(0,9) 500
800 260(0,1)
270400 (3,7)
400 275(1,8)
African, numbers % inc. p.a. Coloured, numbers % inc. p.a. Asian, numbers
645 000
683 800
705 000
708 200
197 600
207 700
206 800
207 500
68 200
71 600
71 900
73400
910 800 (4,8) 77,8
963 100 (5,7) 78,7
983 700 (2,1) 78,4
989 100 (0,5) 78,2
Employment
0%
(5,1)
(5,1)
(-0,4) (0,4)
(5,0)
(1,9)
inc. p.a.
Total, African, Coloured and Asian numbers OA inc. p.a. %of total labour force
(3,1)
(6,0)
(5,0)
(0,5) (0,3)
(2,1)
The average monthly wage for each year per race group and its percentage of white earnings were as follows:' Average Monthly Earningsper Person Employed' (Percentageof white earnings in parentheses) 1974
1973
White African Coloured Asian
388 72(18,6) 103(26,6) 111(28,6)
449 88(19,6) 118(26,3) 128(28,5)
1975
510 106(20,8)1 134(26,3) 153(30,0)
1976
571 126(22,1) 154(27,00) 183(32,1)
The increases in white wages from 1973-74 were 15,7%, from 1974-75, 13,6% and from 1975-76, 12,0%. The increases in African wages for the same periods were 22,2%, 20,5% and 18,9% respec tively. The absolute increase for whites per year was R61, and for Africans, R16, R18 and R20 respectively. Thus the annual rate of increase in white and African wages has been dropping steadily, but the rate of increase in African wages has been a consistently increasing percentage of the rate of increase in white wages. The absolute gap between average white and African wages steadily increased and was R316 in 1973, R361 in 1974, R404 in 1975 and R445 in 1976. 1 SA Reserve Bank Annual Eonomic Report, 1977, p 10.
2 Stats, June 1977, p 88. 3 Ibid. 4 All wages given in this chapter are in Rands.
235
EMPLOYMENT IN MANUFACTURING
Iron, Steel, Engineering and Metallurgical Industries The following figures1 give the average number of persons employed in various sectors of these industries for the year 1976, and the percentage differences over 1975. Basic Metal:
Whites
.... ...
...
...
...
...
...
%increase Idecrease over 1975
38 200
3,5
2000
20,0
.........
Coloured
Asians
Average numbers employed 1976
1 000
...
11,1
63 900
- 0,5
27300 14 300 3 100
-0,7 2,9 24,0
Africans ............. Metal Products: ... ....... Whites ......... Coloured ... ... ... Asians
...
Africans ....... ...
...
80300
Machinery: ....... Whites
...
27900
0,4
...
6900 1 800
-2,8 20,0
Coloured ... Asians Africans Electrical Whites Coloured Asians Africans
...
......... ... ...
...
............ Machinery: ... ... ....... ......... .......
...
...
1,0
40000
- 0,7
22 000 7 600 2600 30 500
6,8 - 3,8 4,0 4,8
Retrenchments and short time measures were prevalent in these industries during the year. In September, Dr. Drummond, director of SEIFSA, commented in a business survey that there was a continuing increase in the trend of short-time work hours and that more labour retrenchments were likely. Many foundries were working a four-day week. Dr. Drummond explained the poor employment situation in the industry in terms of the low demand in the steel and iron sectors and non-ferrous foundries. Cost indices from January to June for engineering materials showed a six month advance of only 1,9% compared with a 10,1% increase in 1976. The severity of competition was also one of the factors keeping prices down.' Dr. Drummond commented that the cut-back in labour was a result of the large amount of plant capacity lying idle and that producers of capital goods would have to wait until all sectors improved before they benefited from an upturn in demand. He estimated that the decline in total capital expenditure in the metal and engineering industries for 1977 would be 30% in real terms.' SEIFSA estimated that manpower shortages in the skilled and semi-skilled categories had constituted 7 % of the labour force for the past few years. The industries had cut back their skilled and Department of Statistics SA Statistics 1976. 1 Star, August. 1
2 Financial Mail, 5 August.
A SURVEY OF RACE RELATIONS, 1977
semi-skilled work-force by 2,61 % from January 1976 to May 1977 and by 6,05% in the lower semi-skilled and unskilled categories.I In August, the Metal and Allied Workers Union (MAWU) completed a survey which showed, they held, that the lack of work in the industry on the Reef had been exaggerated. MAWU claimed that some firms were working overtime while simultaneously re trenching their workers. Of the firms covered in the survey (in the Kew/Wynberg, Heriotdale and Isando areas) 29 were working at least one hour overtime a day, at least 19 firms were working 5 hours overtime on Saturdays, and two or more at least 5 hours on Sundays. As a consequence of the survey MAWU asked for an Industrial Council ban on regular overtime work. The union claimed that many firms retrenched workers to reduce labour costs rather than because they had insufficient work. It held that firms should attempt to reduce unemployment by working short time. Dr. Drummond commented in reply that in the current economic climate there could be a justification for firms to retrench workers purely as a cost cutting operation.' Department of Statistic's estimates5 for the average monthly wages for workers in the different race groups for 1976 and the percentage increase or decrease over 1975 are given below. Average monthly wages 1976
% increase over 1975
Basic Metal:
Whites Coloured
... ...... ...
633
... ... ...
253
Asians ... ......... Africans ......... ...
12,0 9,1
265 146
14,7 17,7
Metal Products:
Whites
...... ......
593
13,8
Coloured ... ... ... Asians ... ... ... ... Africans ... ....... ...
221 212 142
28,5 10,4' 25,7
Machinery: Whites ... ... ... ... Coloured ......... Asians ... ... ... ... Africans ... ....... ...
584 235 314 151
11,7 28,4
... .... ... ...
548
13,5
.........
182
5,7
17,1,
Electrical Machinery:
Whites Coloured
Asians
...... ......
Africans ......... .. ; .158 3 Letter from SEIFSA, 15 June. 4 Financial Mall, 26 August. 5 SA Statistics. 1976.
190
19,0
21,8
17,0
EMPLOYMENT IN MANUFACTURING
237
In April employees in the metal industries demanded pay rises which would have cost the industry an estimated R250m per year. The demands were rejected on the grounds that no pay rises could be granted until there was an upturn in the economy.' After a series of meetings the unions for the industry proposed a two phase across-the-board COL rise of 5 % for all workers in July and a further 5% increase in January. SEIFSA rejected the de mand offering instead an increase of 4 cents per hour for all workers for one year. This would have meant a 7% rise at the lowest rates i.e. from 55 cents per hour to 59 cents per hour. The offer was accepted by seven African worker representatives from the Central Bantu Labour Board and members of regions repre senting works and liasion committees. It was rejected by the unions. The 4 cents per hour increase would have cost the industry R38m per year. Subsequent to the breakdown in the talks a dis pute was declared by both the unions and the employers con cerned. In August, SEIFSA offered the union increases ranging from 3,8% to 7,3%. This constituted a doubling of the previous offer of. 4 cents per hour in the higher categories. In the lower categories the increase remained the same. As a result of the pro posals grade A workers received an increase of 8c an hour; grade AA to C, 6c per hour; grade D, 5c; and grades DD to H (labourers), 4 cents an hour. The offer would cost the industry an estimated R47m a year. In exchange the unions agreed to extend the industry's separate supplementary agreement regulating job advancement for the duration of the wage agreement.' The Clothing Industry
The Department of Statistics2 gave the following estimates for the numbers employed in the clothing industry for 1976. Average numbers employed % increase/decreaseover 1976
4 100 .......... Whites .... Coloured ............... 37 600 Asians ................. 23 600 Africans ...............33 000
1975
-- 4,7 -1,8 2,2 4,1
Unemployment in the clothing industry rose steadily this year. In 1976 36 factories closed down in the Transvaal and 2 000 workers lost their jobs. In 1977, 30 factories country-wide closed down between January and July'. Eighteen of these factories were in the Cape, affecting mainly Coloured women. Fourteen closures affecting 697 workers were in the Transvaal, where retrenchment (from closures and cut-backs) totalled 3 285 persons for the six I Star, 16 April. I Financial Mail, 12 August. 2 S.A. Statistirs, 1976. 3 Financial Mail 22 July.
238
A SURVEY OF RACE RELATIONS, 1977
month period. By November, the number of closures in the Transvaal had risen to 24.4 Estimated retrenchment for Natal was 2 000 persons from May to the end of July 1977.' Commenting on unemployment in the clothing industry, Senator Scheepers, presi dent of the Garment Workers' Union (GWU), said that "there are more out of work now in the industry than in the early thirties."6 Dr. Scheepers claimed that some of the closures were a result of the "ruthless application of the Environment Planning Act to the clothing industry."" In terms of Proclamation 6 of 19 January 1968 issued under the Environment Planning Act of 1967 an employer was pro hibited from establishing a new factory involving the use of Afri can labour or extending an existing factory beyond a ratio of 2,5:1 African to white workers in urban areas without the approval of the Minister of Planning. Senator Scheepers claimed that the Act's application was increasing unemployment. In 1977 the Act was amended to tighten up loopholes after two cases against clothing employers were dismissed by the courts in 1976. In the National Clothing case the accused argued that there was no way of estab lishing whether it had exceeded its quota as there was no definition of the word "Bantu" in the Act. The Amendment Act defines a "Bantu employee" as anyone who works in a factory and is a "Bantu" in terms of the Population Registration Act. In the Venus Knitting case the accused argued that as the firm's 1968 records had been destroyed there was no way of knowing whether it had increased its quota of African workers and thus "extended a factory."' According to the Amendment Act onus is on the accused to prove that documents handed in by the Department to the court certifying that a certain number of Africans were employed in 1968, are inaccurate.' Eight of the thirteen prosecu tions from February 1976 to February 1977 in terms of section 3 (the illegal erection and extension of factories) of the Act were for the clothing industry.' During Parliament the Deputy Planning Minister, Pant Janson, announced two concessions for clothing employers. First, em ployers could apply for permits to employ Indians or Coloured in supervisory roles where a white supervisor was not available. New industries were excluded from this concession. Secondly, the Department invited employers to submit applications for exemp tions allowing them to employ more Africans than the stated quota. According to the Department of Planning's records, cloth ing firms in the Transvaal employed 4 793 Africans illegally as at 4 Star, 21 November. 5 Rand Daily Mail, 1 August. 6 Ibtd,
5 July.
7 Financial Mail, 22 July. 1 Financial Mail, 25 March.
2 See below for a fuller description of the Amendment Act. 3 Hansard 2, col. 122.
EMPLOYMENT IN MANUFACTURING
239
30 September 1976. By August this year 140 applications for ex emptions had been received and most of them processed. Twenty one firms employing 188 Africans illegally had not applied for ex emptions. Exemptions granted by the Department allowed an extra 2511 African employees above the firm's quotas. Twenty firms were given temporary permits until June 1978 affecting 923 additional workers. Twenty-three factories which exceeded their quotas by 403 workers closed down, and another 36, which employed 380 Africans illegally, reduced their work forces to within the accepted quota. One firm with 11 employees had de centralised. Commenting on the exemptions, Mr. J. Thomas of the Industrial Council for the clothing industry said that the De partment had been selective in its granting of permits. Most of them had been issued to smaller firms which found it harder to decentralize. Bigger firms had been given temporary permits only or had been refused altogether.' In a memorandum submitted to the Riekert Commission of Enquiry into Legislation affecting the Utilisation of Manpower, the Garment Workers' Union's consultative committee said that Section 3 of the Environment Planning Act had caused a deteriora tion in race relations and had deprived African workers of jobs in positions that white and Coloured workers vacated voluntarily. The memorandum pointed out that smaller factories in the cloth ing industry were not in a position to decentralize as they did not have adequate finances. They were forced to cut down staff and shelve plans to expand. The memorandum also held that the Bantu Labour Act of 1964 discriminated against Africans, restricted their advancement and controlled their mobility.' At the end of October, the multi-racial training college for the clothing industry was closed, due to the government's refusal, in terms of the Group Areas Act, to continue to grant permits for African workers to occupy premises in a white area. The College opened in 1968 and trained approximately 400 workers a year, both full- and part-time. Training of workers is now separ ated on an ethnic basis. Africans will be trained at Chamdor training centre, Coloured people in the Western Province and Indian workers in Natal. Dr Scheepers commented that the Johannesburg College had been ideally situated in the heart of Johannesburg's clothing district near the union offices and medical
clinics. Chamdor is far less accessible.' The following table gives the average monthly wages for all races in 1976 in the industry.4 Financial Mall, 26 August. Sunday Tribune, 23 October. 3 Ibid. 6 November. 4 S.A. Statistics, 1976. '
2
240
A SURVEY OF RACE RELATIONS, 1977
Average monthly wages % increaseover 1975 1976 Whites .................... ... 556,00 14,2% Coloured ... ... ... ... ... ... ... 107,12 12,2% Asians .................... ... 138,21 26,2%
Africans ...............
.........
82,00
1,8%
A new wage determination (no. 345) was negotiated for the
clothing industry in the Transvaal this year. The agreement will run for two years. A labourer now receives R19 per week in the first year and R20,50 per week for the following year. A qualified
machinist receives R35,20 in the first year and R36,70 there after (a 31% rise over 1974). In 1974 the wages for a male labourer were R14,50 per week, and for a machinist R18,50. A new wage determination (No. 345) was negotiated for the clothing industry, border areas. A qualified male machinist re ceives R17,80 per week and a male labourer RI 1,20 per week. A qualified female machinist receives R14,50 in most border areas. The last determination was in September 1972. The agreement for Natal was also amended. Workers received a 12,5%
increase in June and will receive a further 10% increase in Septem ber 1978. The agreement will run until 31 December 1979. At present the average wage per week for a white woman operator in the clothing industry was R38, for Coloured and Asians R26, and for Africans R21. 1 The Textile Industry The following table2 gives the average number of persons for each race group employed in the textile manufacturing industry for 1976. Whites ............ Coloured ............
Average numbers employed 1976 ....... ... 9 600 ... ... ... 23600 ....... 6 500
Asians ................. Africans ...............
....... 72 600
% increase/decreaseover 1975
- 1,0% 3,1%
- 1,5% 2,5%
An estimated 5 000 workers were retrenched in the textile industry from July 1976 to April 1977 and approximately 13 000 were working short time.3 Mr. H. Oppenheimer, chairman of
AECI which took over S.A. Nylon Spinners in January 1977 com
mented in March that large sections of the textile industry were
working at no more than 50% of capacity and that approximately 10 000 workers had been dismissed or placed on short-time. Mr Stanley Schlagman, director of the Textile Federation, estimated that 4 500 of the 10000 mentioned by Mr Oppenheimer were 1 Financial Mall, 22 July.
SA Statistics, 1976. 3 Financial Mail, 8 April. 2
EMPLOYMENT IN MANUFACTURING
unemployed. Mr B. Heunis, secretary of the Cotton Textile Manu facturers' Association stated that about 8 000 of the 33 000 workers in the cotton section of the textile industry were on short-time.1 During the year the Textile Federation's request for a with drawal of rebate facilities on imported fabrics was met in part when the Board of Trade withdrew the rebates on fabrics for the manufacture of women's and girls' garments of a mass less than 225 g per square metre. This meant a decrease in imported fabrics and more business for the local mills, which, in May were reported as working 60-65% below capacity.' The measure, it was hoped, would help combat rising unemployment in the industry. Mr. S. Jaffe, Chairman of Delswa Ltd, commented that it was possible that the employment generated in the textile industry by increased protective duties had been more than offset by unemployment which had been created in the clothing industry as a result of the rise in price of local materials and the drop in demand consequent on the import duty imposition.3 In October, the National Clothing Federation sent a deputation to the Minister of Economic Affairs, Mr C. Heunis, to request him not to raise import barriers to pro tect the local textile industry.' The following table5 gives the average monthly wage estimates for all races for 1976 in the textile industry. Average monthly wages Whites ... ... ... ... ... Coloured ... ... ... ... ... A sians ... ... ... ... ... ... Africans ... ... ... ... ...
... ... ... ...
... ... ... ...
... ... ... ...
1976 561,39 129,15 185,46 101,36
% increase over 1975 12,4 18,4 26,6 19,6
At the time of writing the textile industry was covered by four main wage agreements: the Light Cotton Order, the National In dustrial Council for the Textile Manufacturing Agreement, the Industrial Council Agreement for the Cotton Textile Manufactur ing Industry (Cape) and the Industrial Council Agreement for the Worsted Textile Manufacturing Industry (Cape). Very few textile workers in the Transvaal had the protection of any wage agree ment while the carpet manufacturing section was not covered by any wage measure.' A new wage agreement was negotiated for the worsted textile manufacturing industry (Cape) granting an overall increase of between 15% and 18% on minimum weekly wages, plus a rise of 2j% in April 1978 and 1979. A grade A worker with experience receives R23,92 per week and a grade B worker with experi I Star, 30 March. 2 Financial Mail, 13 May.
3 Star, 9 September. 4 Ibid, 3 October. 5 SA Statistics, 1976. 1
Information supplied by the National Union of Textile Workers. September, 1977.
242
A SURVEY OF RACE RELATIONS, 1977
ence R21,62 per A new order was industry granting This order covers for this industry.
week. A labourer receives R20,47 per week. 2 made for the light cotton textile manufacturing a 10% increase in wages over the last order. certain areas not covered by the I.C. agreement
The Motor Industry
The number of persons of each race group employed in the motor industry (excluding the motor assembly industry and em ployees of oil companies and tyre manufacturers) in 1976 was as follows:' Whites
Coloured
......
......
Average numbers employed 1976 46 560
Asians ......... Africans ...... Total .........
% increase/decreaseover 1975 -5,6
16 928
-- 4,9
5 453 76 428 145 369
-1,9 -8,3 -- 6,7
The number of people employed by the motor vehicle manu facturers at the end of December 1976 was 35 140. The compara tive figure for December 1975 was 41107. This constitutes a decrease of 14,5%. From March 1976 to March 1977 7084 motor assembly workers were laid off because of the recession. The estimate for redundancies for the first quarter of this year was 2 000 men. Short-time was also widespread in the industry.' During 1976 the industry accounted for 4,7m hours lost in short-time while l,lm hours were lost in the first 3 months of this year.' As of July this year three of the Ford plants were working a four-day week, and one a three-day week. General Motors' plant in Port Elizabeth cut back to a four-day week on its motor assembly lines. An estimated 7 200 hourly paid workers were affected by the short time moves of G.M., Ford and Volkswagen.' At the September meeting of the joint economic affairs com mittee of the Midland Chamber of Industries and the Port Eliza beth Chamber of Commerce, Mr. Fred Polacsek, Eastern Province divisional chairman of the Motor Industries Manufacturers' Asso ciation (MIMA), stated that over 24 000 new jobs could be created by increasing the local content for cars from 66% to 85%. The increase of local content to 85% on mass would create an immed iate 12 000 job opportunities. This figure would be doubled as employment in as many indirect positions would also be created. 4 2 Government Gazette, No. 5549. 20 May 1977.
3 Information supplied by the Motor Industry Employers' Association, August 1977. 1 Star, 30 May. 2 Rand Daily Mail, 10 June. 3 Star, 14 July.
4 lbid, 16 September.
243
EMPLOYMENT IN MANUFACTURING
A survey of the motor industry by Mr. W. Bendix, senior researcher at UNISA's Institute of Labour Relations, showed that S.A.'s white motor mechanics could cope with only half their work load. In 1975 the 5 000 motor and diesel repair shops in S.A. completed only half the 105m hours of work set. Mr. Bendix estimated that by 1980 there could be 114m hours of work to be done, leading to a "huge crisis in the industry unless the potential black labour force is unfrozen". Estimates for average wages in the motor industry relating to the employment figures above, were not available. The estimates below 5 give the average monthly wages for all groups in the trans port manufacturing industry. Average monthly wages
1976
Whites
...
Coloured Asians ...
Africans
.... ...
...
...
...
............. .... ... ...
...
% increase/decrease over
1975
...
552
11,1
...
168 234
-1,2 19,2
...
6,0
132
Both Ford and G.M. stated that they had adopted a code of racial fairness consequent on the pressure exerted by the Carter administration. Both companies felt that they were getting higher productivity, lower absenteeism, lower labour turnover and ulti mately a better quality product as a result. Both abolished separate pay scales for the different races a few years ago. Volkswagen pays its workers a minimum of 76c per hour. The minimum for the industry is 60c per hour.' The amendment to the Automobile Manufacturing Industry agreement for the Eastern Province granted pro-rata hourly wage increases for all 12 grades ranging from 7c at the lowest grade to 16c at the highest. The agreement ran until 31 December 1977. The main agreement for the motor industry was amended giving overall increases of approximately 20%. The Chemicals and Products Industry The tables1 below give the estimates for the average number of employees and average monthly wages for 1976 in the chemicals industry: Average
Whites ............ Coloured ............
Asians ............. Africans ............
numbers employed1976 26 300 6 900
2 800 38700
% increase] Average monthly decrease wagesover 1976 1975 612 0,4 215 -1,4
3,7 0,3
252 147
% increaseI decrease over 1975 12,3 14,8
22,0 32,9
A wage agreement negotiated for the chemical manufacturing industry (Witwatersrand and Pretoria) stated that all minimum 5 SA Statistics. 1976.
1 Star, 20 Apri. I SA Statistics, 1976.
A SURVEY OF RACE RELATIONS, 1977
prescribed wages would be increased according to schedule every six months until the termination of the agreement on 31 August 1980. As a result grade I-qualified employees received R28,00 per week, a grade I employee R22,50 and a grade III employee R21,50, the lowest prescribed weekly wage for the industry. In the past five years only 300 of AECI's 8 700 African workers moved into skilled or semi-skilled jobs formerly held by whites. Minimum African wages for AECI employees increased from R38 per month in 1972 to R145 per month in 1977. The average wage for its African workers was R218 per month. The company employed 20 African graduates at over R6 500 a year and four African engineers at up to R10 000 a year. About 78% of the 8 700 African employees were migrant workers, compared to 85% in 1972/73. AECI stated it would recognize unregistered trade unions if they represented over 50% of the company's workers.' The average numbers employed and monthly wages for other industries are given below: 1 % increase/de Average Average num- % increase/demonthly wages crease over crease over bers employed 1975 1975 -1976 -1976 Food Whites
22400
2,3
517
Coloured
25 900
0,8
132
18,9
Asians Africans Beverages Whites Coloured Asians Africans
8 400 103 100
-4,5 2,8
200 110
26,6 14,8
4600 3 400 700 18 400
2,2 17,2 no change 2,8
516 148 309 136
12,2 30,5 28,3 16,5
800
no change
467
no change
11,0
Tobacco Whites
Coloured Asians
Africans
1 000
no change
143
21,5
-
1 900
no change
150
22,8
1 000 4,500 400 4 100
no change 4,7 no change 7,9
529 128 159 106
19,1 10,7 -4,2 12,7
560 140 156
16,1 14,0 9,3
108
6,7
487 125 195
0,2 9,2 19,8
Leather
Whites Coloured Asians Africans Footwear
Whites Coloured Asians
900 8 600 7600
Africans Wood and Cork Whites Coloured Asians
3 500
Africans
3 300 5 700 1 300
42600
2 Rand Daily Mall, 1 April. I SA Statistics, 1976.
-10,0 -4,4 -1,3 6,1 -2,9 1,8 no change
0,2
88
19,3
245
EMPLOYMENT IN MANUFACTURING
Average num- % increase/deAverage % increase/de bers employed crease over monthly wages crease over -1976 1975 -1976 1975
Furniture Whites 2 300 -4,2 Coloured 9000 no change Asians 2 500 no change Africans 11100 -5,0 Paper Whites 6 900 3,0 Coloured 5 500 -3,5 Asians 4200 7,7 Africans 18 900 5,0 Plastic Products Whites 3 300 17,9 Coloured 6600 7,1 Asians 100 no change Africans 11 300 2,7 Non-Metallic Mineral Products Whites 11200 -1,8 Coloured 6900 -5,5 Asians 800 -11,1 Africans 66 300 -3,1 Rubber Whites 4 300 no change Coloured 1 900 5,5 Asians 500 no change Africans 9 800 -2,0 Printing Whites 18900 1,6 Coloured 7 500 7,1 Asians 2 100 -8,7 Africans 7 300 no change Other Manufacturing Whites 5400 12,5 Coloured 6 800 9,7 Asians 1 000 2,5 Africans 9 706 3,2
514 213 212 116
7,4 9,3 10,5 16,6
605 174 200 156
12,3 18,6 6,3 19,0
564 135 148 125
9,9 11,9 -24,2 21,9
570 160 284 111
11,6 11,1 35,7 14,3
550 167 172 128
10,4 -2,9 7,3 7,1
507 204 220 180
11,7 16,7 9,9 34,5
559
11,1
133
17,9
The following amendments to Industrial Council Agreements, Wage Determinations and Bantu Labour Relations Regulation Act Orders were among those made during the year for the various industries. The baking and confectionery industry (Pre
toria) was granted a 20% overall increase on minimum wages for the period from 5 August 1977 to 23 March 1979. The sweetmak ing industry received across the board increases of approximately
20-25%. The wages for an artisan rose from R78,75 per week to R85,00 per week and those for a labourer from R28 per week to R34 per week. Across the board average increases of 45,17% were granted to the dairy trade on the Witwatersrand and Pre
toria. The last Bantu Labour Relations Regulation Act Order for this trade was in March 1974.
246
A SURVEY OF RACE RELATIONS, 1977
The tobacco industry negotiated an increase of 10% on all wages to run from 6 October 1977 to 30 September 1978. Wage increases of 10% in August 1977 and a further 10% in August 1978 were negotiated for the furniture manufacturing industry. Wages at the lower grade increased from R23 to R25,30 in August 1977 and will rise to R27,83 in 1978. Wages at the higher grade rose from R50 to R54 and will rise to R58,32 in 1978. The agree ment for the furniture manufacturing industry for the Western Cape was also amended to allow for an increase in July 1977 followed by a further increase in July 1978. The wages in some of the categories are: Journeyman
Machine Sander Labourer
Previous wage per week R54,00
R35,00 R22,50
July 1977 R58,52
R37,84
R25,96
July 1978 R63,36
R40,92
R28,04
Wage determination No. 354 for the glass and glassware manufacturing industry (RSA) was amended leading to an in crease of approximately 30% in minimum wages. The leather in dustry (RSA) (footware section) negotiated a 12-% overall in crease in wages in two instalments: 7{% in July 1977 and 5% in January 1978. Wages for a qualified employee rose from R30,97 to R33,31 per week. The tanning section received a two part in crease rising to 11% by January 1978. The handbag and general goods sections Republic-wide received 61% increases on minimum wages. An amendment to the determination for the cement products industry granted overall increases of between 65% and 85 % over the last determination granted in 1973. The ceramics industry received wage increases at the lower level of 124%. A labourer's wages increased from R9,80 to R22,00 per week. Determinations for the watch patrol services for the Cape (no. 314), East London and Port Elizabeth (no. 313), Durban, Pietermaritzburg and Pine town (no. 312) and certain Transvaal areas and Sasolburg (no. 315) were all amended. A watchman falling under the Cape area received 20-25% overall increases in minimum wages, bringing his wage from R78 per month to R108 per month. The increase for East London gave a wage of R93 per month, for Port Elizabeth, Durban and Pinetown R103 per month, and for Pietermaritzburg and Klerksdorp R96 per month. THE DECENTRALISATION OF INDUSTRIES 1
Information on government policy in connection with the de centralisation of industries is contained in previous issues of the I
Unless otherwise stated the information on the decentralisation of industries is taken from the Decentralisation Board's report for 1976.
247
DECENTRALISATION OF INDUSTRIES
Survey. No new growth points were established in the Republic in 1975, 1976 or 1977. At present there are 20 growth points including Butterworth and Umtata in the Transkei. Concessions applicable to decentralisation In June 1975 the Minister of Economic Affairs, in announ cing the improvement of concessions for decentralized industries, stated that industrialists who had already decentralized on that date could apply for additional concessions.' These would be judged according to specific criteria. During 1976, 120 such claims were received of which 21 were processed and additional conces sions granted. The remaining applications were still under con sideration at the end of 1976. During 1976 a total of 423 applications for decentralisation assistance were considered (excluding those for railway rebates, and housing loans for key personnel). Assistance in the form of loans and/or tax concessions was granted to 386 applicants, as against 349 applications and 309 grants in 1975. Applications for assistance both received and approved in 1977 (to August) numbered 186 and 182 respectively. The following table describes the applications approved for assistance for 1976: 164 ................... (i) (a) In homelands (b) In non-homelands ............... 222 386 ................ (ii) (a) At growth points (b) At non-growth points .............
271 115 386
................ (iii) (a) New undertakings (b) Expansion of already decentralized pro ........................ jects (c) Moving from metropolitan to decentra ... .. lized areas ............
175 121 90 386
...... (iv) (a) Cost disadvantage applications1 (b) Non-cost disadvantage applications ...
17 369 386
2
See 1975 Survey, P. 181 for a description of the concessions.
I Cost disadvantages prior to 1977 were calculated where the investment In the project or
expansion exceeded R2m.
A SURVEY OF RACE RELATIONS, 1977
248
Further details pertaining to the applications for assistance approved by the Board for the years 1975 and 1976 are given below. (i) Capital investment in these projects
......
1976 R 307,6m
1975 R 270,2m
............. (ii) Loans granted to applicants (iii) Interest and rental concessions granted to appli cants
I I3,7m
78.9m
36,6m ,6r
19,5m' 95n
(iv) Income tax concessions granted to applicants
95,Om
50,5m
23,4m
23,Om
(vi) Funds for leased buildings (a) Granted to IDC .... ... ... ... .... ... (b) Value of factory flats provided to indus
1.3m
1,3m
3,Om
2,1m
(c) Funds provided by BIC and XDC for in ......... dustrial land and buildings moving cost reimbursements (vii) Estimated
41,7m
30,1m
...
3,1m
cats...........
.....
0.........
(v) Housing loans for key personnel
trialists by IDC
approved
....
...
...
...
.........
..................
....
...
...
...
....
1,31m
In its annual report for 1976 the Department of Planning and the Environment stated that loans amounting to R14 499 999 were granted to 12 local authorities at the growth points and other decentralized areas which brought the total granted to 20 local authorities to R80 123 309 since the 1961/62 financial year. It stated that a total of 621 industrial concerns had been estab lished at growth points by the end of 1976.2 Interest rates on loans granted were amended twice during 1976, and the cost-disadvantage limit was changed from R2m to R3m in 1977. Since the independence of Transkei on 26 October 1976, matters pertaining to decentralization in this area, including the granting of concessions, are no longer submitted to the Decen tralisation Board. In December 1976 the Minister of Planning announced that no further concessions would be granted for the establishment of new projects at Babalegi after December 1978. Concessions already granted before the announcement still applied. Since August 1970, 76 factories had been established at Babalegi employing 307 whites, 8 352 Africans and 32 Coloured (on a temporary basis). Total investment in Babalegi by the BIC was R28 400 000 and estimated private investment, R37 200 000. The Tswana received an esti mated income of R6 500 000 per annum from industrial develop ment at the growth point.1 Five Indians received assistance from the Industrial Develop ment Corporation to establish manufacturing concerns in a pro claimed urban Indian group area during 1976. The Corporation granted a total of Ri 130 000 in assistance, and erected fifteen factory flats in Chatsworth and Stanger at a cost of RI 340 000. A 2 Annual Report for 1975-1976, Department of Planning and the Environment, D. 19. 1 Hansard 7, coL 592.
DECENTRALISATION OF INDUSTRIES
249
further six factory fiats in Chatsworth and one in Tongaat were to be completed during the year at a cost of R780 000. The under takings created 810 employment opportunities for Indians and 20 for Africans from 1 July 1975 to 30 June 1976.2 Assistance at non-growth points Concessions at non-growth points3 are determined in relation to concessions applicable to selected growth points on a compar able basis. The concessions need not be equal to those of the growth points. Since May 1, 1975 concessions under this system were granted at the following non-growth points (the comparable growth point is given in parentheses): Non-growth Points (i) Dimbaza (ii) Keate's Drift Bethlehem E'Zakheni Harrismith Stanger (Asians) Estcourt (iii) Thaba'Nchu (iv) Letaba Mkhuthu Station (Hazyview) Louis Trichardt Nkowakona (v) Giyani
Pampier stat (vi) Queenstown
Fort Beaufort Stutterheim (vii) Klerksdorp (Coloured) Middelburg Tvl. (Coloured) (viii) De Aar (Coloured) (ix) Lichtenburg Mafeking Oudtshoorn (Coloured) George (Coloured) Knysna (Coloured)
Growth Points
(Butterworth) (Ladysmith)
(Isithebe) (Pietersburg/Seshego)
(Lebowakgomo) (King Williamstown) (Brits) (Kimberley) (Rustenburg)
Concessions for Witsieshoek and Worcester are not based on a comparable basis to a growth point but have been established independently. The Decentralisation Board's Report for 1976 isolated certain problems facing the decentralisation programme. The Board felt that there needed to be stronger enforcement of the White Paper's recommendation that Industrial Council agreements for minimum wages be waived so as to allow the paying of a lower wage in the growth areas. The implication of the payment of lower wages is that workers in growth points would be receiving minimum wages below the HSL (a rough poverty datum line). Minimum wages in 2 Hansard 5, col. 437-438. 3 Places in rural areas where development as at the established growth points.
is encouraged,
but not regarded as essential
250
A SURVEY OF RACE RELATIONS, 1977
the main urban centres are themselves rarely above this level. The growth point section of the Department of Planning gave the following estimates' of average wages for labourers in growth point areas for 1974. More up to date figures have not been re leased. Brits ..................... East London .... Kimberley ... .... Kingwilliamstown Ladysmith ... .... Newcastle ... ... Phalaborwa ... ... Pietersburg .... ... Potgietersrus ... Richard's Bay ... Rustenburg ... ....
Border Industry Wages in Rands PerHour Per Week 9,00 ... .... ... ... 10/11,00 ... .... .... ... 8,65 .............. 20/25c ... .... .... ... 8,00 ... ... ... ... ... ... ... ... .... ... .... ... 7,00 ... ... ... ... 6,50 .... .... ... ... 17c .... ... .... ... 8,00
Per Month
40/90,00 40,00
The Board also stated that industrialists had experienced pro blems in obtaining adequate accommodation for their African, Coloured and Asian workers. It prophesied that this might lead to a decrease in the number of industries moving to growth points. Due to the escalation in costs during the year industrialists often applied for additional funds after a project had been approved. The escalation of electricity and transport costs was seen as ham pering the decentralisation programme, especially in distant areas. Employment If all the projects in decentralized areas and in the homelands were established or expanded as presented to the Board then em ployment in the second year of expansion was estimated as follows.' 1975 Whites.. ... ... ....... ... ....1340 Coloured/Asians ............. 2909 Africans ... .... ... .... .... ... 22437
1976 1740 5 335 21719
Total
28 794
...
....
...
....
....
...
26,686
The Environment Planning Act
The Environment Planning Act was amended this year. The main thrust of the Amendment was to tighten up loopholes in the Act which, in specific instances, prevented the government from successfully prosecuting industrialists who contravened the Act. (The individual cases are discussed more fully elsewhere). The main amendment is the inclusion of a definition of a Bantu em ployee who is now "any person who is a Bantu within the meaning of Section One of the Population Registration Act, No. 30 of 1950, and who is employed by or works for an employer in or in 1 "'Decentralisation-Growth Points", 1974,
quoted in The South African Labour Bulletin Vol. 3 No. 5., March-April 1977, p. 54. 1 Industrial Development Corporation Annual Report, 1976, p. 11.
DECENTRALISATION OF INDUSTRIES
connection with a factory or who, in any other manner whatsoever assists an employer in or about a factory in carrying on the busi ness of such a factory". The effect of the Amendment Act is to include any African employees or contractors who perform a ser vice for a factory owner as part of the African workforce of the particular factory concerned. This increases the constraint on the numbers of African employees an industrialist may employ. Fur thermore, an employee is now presumed to be a "Bantu" unless the employer can prove otherwise. The Amendment also places the onus on the accused to prove that documents, handed in by the Department to the court certifying that the quota has been exceeded, are inaccurate. The Minister gave the following figures 2 regarding applica tions for the establishment and extension of factories for 1975 and 1976: Establishment 1975 1976
Transvaal.
Extension 1975
1976
1 059
(a) received (b) granted
917 110
(c) refused Orange Free State:
35 31 3
(a) received (b) granted (c) refused
Natal:
61 50 11
(a) received (b) granted
(c) refused Cape Province:
125 113 6
(a) received (b) granted (c) refused
The above figures are in respect of each year as at 31 Decem ber. Outstanding applications not dealt with were carried forward to the ensuing year. Employment opportunities for the following numbers' of African employees were affected by (a) the granting and (b) the refusal of these applications. Transvaal:
(a)
...
...
(b) ... ... Orange Free State:
(a)
....
...
1975
1976
... ... ... ... 34 191 .. ... . ... . .. 11018
30751 7042
...
...
...
...
(b) Natal:
(a) ... ... (b) Cape Province:
(a)
......
(b)
... ...
2 Hansard 3, zol. 209.
1 Hansard 3, col. 209
... ... ...I.... ... ... ... ... ... ... ... ...
1286 60 76 1 177
3 763 240
2039 685
252
A SURVEY OF RACE RELATIONS, 1977
Thus in 1976, 7 879 Africans were not employed as a result of the refusals, compared with 11 495 in 1975. Since the introduction of the Act, 2 002 applications for extensions have been refused involving a total of 101 557 jobs for African workers.' In 1976, 19 applications for new factories were refused in the Port Eliza beth area and three extensions since the inception of the Act. In 1976 there were 13 prosecutions for the illegal expansion of factories (i.e. unlawful employment of Africans), two for extensions2 and 11 for the erection of factories. The breakdown is as follows: Clothing industry ... ... .... ... ... ... 8 Foundries ... ... General Engineering
.... ... ...-...
... ...
...
2
...
Poultry abattoir .... ... ... .... ... .... 1 The Africans involved numbered 694, of which 292 were in re spect of the farming concern. THE INDIAN INDUSTRIAL DEVELOPMENT CORPORATION
(IIDQ
The Indian Industrial Development Corporation Act of 1977 provides for the establishment of the Indian Industrial Develop ment Corporation Ltd. to promote the advancement of the Indian community in the field of secondary industry. At least half of the Corporation's directors must be Indian. The Minister of Indian
Affairs has the power to appoint directors, designate the chairman
of the Board and appoint an alternative director at his discretion. He may also appoint a managing director of the Corporation. Members of the Senate, the House of Assembly, a provincial coun cil or the SA Indian Council are not permitted to become directors of the Corporation. The Corporation has the power to promote the establishment of undertakings for secondary industrial operations, lend money
and underwrite capital for any person or company wishing to estab lish itself or to expand, issue debentures and, amongst other func tions, enter into contracts within and outside the Republic in order to assist in the industrial development of S.A. All appli cations for aid are to be considered on economic merit alone. The initial share capital of the Corporation is R3m divided into one million ordinary shares of one rand each ("A" shares) and two million ordinary shares of one rand each ("B" shares). The whole of the "A" and "B" shares in the initial share capital are taken up by the State. The "A" shares are not transferable by the State otherwise than by the authority of an Act of Parliament. The Minister may sell or otherwise dispose of any of the "B" shares to Indians, and these shares are not transferable to any person other than an Indian. The Minister has the majority of votes by one over other shareholders. The Act makes provision for the 1 Hansard 10, col. 4709. 2 Hansard 2. col. 122.
INDIAN INDUSTRIAL DEVELOPMENT CORPORATION
253
creation of further shares and conditions resulting therefrom. No provision of the Companies Act 1973 (unless otherwise gazetted) or of the Banks Act of 1965 applies with reference to the Corporation. When passing through Parliament the Bill was strongly at tacked by the Opposition. Senator Piet Swanepoel (UP) condemned it as "an apartheid measure" because, he said, it divided the eco nomy at a time when such a policy was least needed. Senator Eric Winchester (PRP) said most of the SA Indian Council was opposed to the Bill as it stood. The Minister of Economic Affairs, Mr. Heunis, said that Indian businessmen and the SAIC had asked for such a corporation.1 By the end of September the IIDC had received 60 applications from Indians for the establishment of secondary in dustries. The Board of Directors consisted of three whites and three Indians with Mr. H. C. Brangs as general manager.2 THE COLOURED DEVELOPMENT CORPORATION
The Minister of Coloured, Rehoboth and Nama Relations stated that 13 people of whom two were Coloured were serving on the Board of Directors of the Coloured Development Corporation in March 1977. Estimated capital requirements for the years from 1976-1979 follows:" as are 1976-1977 .......... R5 252 000 1977-1978 ......... R5 087 000 R5 764 000 1978-1979 ......... The total share capital of the Corporation as at 30 September 1976 was R18 705 500. Bad debts incurred by the Corporation in respect of Coloured persons amounted to R1 965 in 1974, R8 636 in 1975 and R23 814 in 1976.1 As of 30 September 1976 provision of R867 350 had been made for doubtful loans. From 1 April 1975 to 31 December 1976, 129 loans had been granted to Coloured businessmen amounting to a total of R5418 509. From April 1975 to 31 December 1976 five trading concerns and one industrial concern were established by the Corporation itself, comprising the following: two restaurants/liquor outlets, three new branches of supermarkets, and one textile factory. The restaurant/liquor outlets were transferred to Coloured ownership in January 1976. As of December 1976, 14 whites and 394 Coloured were employed in trading concerns and 21 whites and 346 Coloured in industrial concerns owned by the Corporation. 1 Senate Hansard 7, cols. 2001-3. 2 3 4 5 6
Star, 20 Hansard Hansard Hansard Hansard
September. 6 col. 525. 20 col. 1288. 9 col. 706. 20 col. 1290.
254
A SURVEY OF RACE RELATIONS, 1977
As at 30 September 1976 the Corporation's investment in liquor outlets (off sales) was R86 110; in liquor outlets with accommoda tion R3 439 619; and in licensed restaurants R2 602 11 1,altogether comprising 18,02% of the Corporation's total investment. AGRICULTURE
Economists working on employment estimates for the agricul tural sector were in agreement that calculations are rendered dif ficult by a lack of adequate information. Criticism was also levelled at the method of data collection for the 1970 Census which is used as a base for calculations. The Population Census figures were generally held to under-estimate the number unemployed because of the way in which enumerators were instructed to classify the economically active. For instance, a male who described himself as unemployed and living in a rural area was classified as employed in agriculture. Furthermore all females (16 years old and over) in rural areas and unemployed were classified as farm workers unless they were the wives of household heads. Estimates also differ according to the way in which the numbers of underemployed are calculated. One definition of the underemployed sees them as those who work for shorter than normal periods of work involun tarily (i.e. visible underemployment), or those whose working time is not abnormally reduced but whose earnings are abnormally low or whose jobs do not permit full use of their capacities or skills (i.e. invisible underemployment.) Dr. Lieb Loots gave the following estimates for all races actively engaged in agriculture:' (a) Employment in the Common area (1 000's): 1970 1971 1972 1973 1974 1975 1976 1199 1147 1129 1104 1057 1008 952 (b) Employment in subsistence agriculture in the Homelands (I 000's): 1970 1971 1972 1973 1974 1975 1976 1385 1 380 1374 1365 1331 1299 1256
Mr. Charles Simkins estimated employment in agriculture, hunting, forestry and fishing in S.A. as follows: 2 Whites 1970 1971 1972
1973 1974 1975
1976
1 000's 103,41 101,9 100,4
99,0 97,5
African, Coloured and Asian Regular Casual Subsistence Fishing (774,2)4 732,9 724,4
715,0 700,4
1 000's
(192,0) 4 185,4 179,7
170,5 171,0
705,5 812,3 858,5
899,7 (853,5)y
(5,0)4 (5,0) (5,0)
(5,0) (5,0)
Total
1 000's
1 780,1 1 837,5 1 868,0
1 827,4 1 879,2 4
(1 862,6)
(1 862,6)
1 Dr L. Loots, op. cit. table 4. 2 C. Simkins, op. cit. table 13. The figures for 1960-1969 have been excluded from the table. 3 The 1970 figure for whites is a corrected Census figure. 4 Bracketed figures are either interpolations or mean figures.
EMPLOYMENT IN AGRICULTURE
The estimates below are for agricultural unemployment and underemployment for all races for all areas from 1970 to 1976:4
1970 1971 1972 1973 1974 1975 1976
Number of unemployed and underemployed 1 000's 874 977 963 746 1008 960 948
% of labour force 32,9 34,7 34,0 28,4 35,1 34,0 33,7
The overall trend in the agricultural sector seemed to be one of increasing unemployment and underemployment. Professor P. J. Van der Merwe pointed out that regular farm employees had diminished from 770 265 in 1970 to 712 892 in 1974. (For his estimates of African rural unemployment in the common area see section on unemployment.) One explanation was the increasing mechanization of farms. The number of trac tors per farm rose from 0,2 in 1946 to 2,0 in 1970. In less than 15 years after the Second World War the number of combine harvesters increased nearly sixfold. The introduction of weed sprays also affected the labour intensive operation of weeding and hoeing. Professor Van der Merwe isolated three options facing unemployed farm workers: they could apply for a mine job (which was becoming increasingly difficult to obtain now that the mines had a full labour complement); they could join the reservoirs of underemployment in subsistence agriculture in the homelands (since 1970 the population of QwaQwa had risen from 24 000 to more than 190 000,1 a large proportion of the increase being farm workers from the Free State moving to the homeland); or they could move illegally into the urban areas in the hope of finding employment there. The government's Economic Development Programme Re port2 estimated that the number of whites, Coloured and Asians employed in agriculture would decline by 0,5%, 0,2% and 3,2% respectively per annum from 1976 to 1981. If this were the case only 4,3%, 13,7% and 1,8% of the economically active whites, Coloured and Asians respectively would be employed in agricul ture by 1981 as compared with 5,2%, 16,8% and 2,7% in 1975. The projected decrease in employment of Africans in agricultural areas outside the homelands was 1,4%. In the homelands an in crease of 4,8 % was projected, due to the large number of women in agriculture there. The projected increase in the total number of Africans employed in agriculture was 2,4%. 4 C. Simkins, op. cit., Table XLI.
1 Rand Daily Mail, 11 February. 2 Economic Development Programme for the RSA,
1976-1981,
op cit., pp. 113. 114.
256
A SURVEY OF RACE RELATIONS, 1977
The Minister gave the following figures for 1975/76 in respect of wages per month for farm labour in the areas specified: 8 Area
Cash
North West Free State
..........
Transvaal Highveld .................
Kind
Total
14,24
30,35
16,75
44,60
29,27
46,02
Western Transvaal ............. 16,56 Swartland ... ... .... ... ... .... ... 25,53 Ruens ... ... ... .... ... ... ... 42,29
21,94 51,03 31,65
38,50 76,56 73,94
These figures were obtained from a survey of wages undertaken by the Department of Agriculture. The percentage increase in wages from 1971-72 to 1975-76 for three of the above areas is as follows: Western Transvaal
Rand per month 115%
............
North West Free State Transvaal Highveld ...
......... ...
123%
......
52%
Kind
Total
44%
68%
161%
106%
84%
95%
The following table published by Stats gives their calculations of average cash earnings per annum of regular farm employees of different races from 1963-1974.1 1963
1964
1965 1969 1971
1972 1973 1974
Whites 1 311,23
1 285,38 1 305,76 1 727,62 2332,10
2 634,82 2 930,76 3 439,07
/ of white earnings
Coloured 152,09
Asians 189,76
153,86 199,03 244,78
245,53 339,40 416,81
154,66
262,10 304,48
194,24
526,69 637,07
346,09
902,70
10,1
26,3
Africans 72,09
83,07
77,50 94,11 119,49
130,59 152,11 185,32 5,4
Farmers recruiting from the same area as the Chamber of Mines were forced to increase wages in order to compete with the higher wages paid by the mines. The sugar industry especially raised wages to farm workers since they recruited in two tradi tional mine recruiting areas, Transkei and Pondoland. In 1971, sugar farmers paid their workers a wage of 80c per day which was higher than the Chamber of Mines' wage to miners of 50c per shift for underground work. In 1976, underground workers wages at R2,50 outstripped those of the sugar farm workers at R2,20 per day. At the time of writing cane cutters earned an average of R66 per month basic pay and between R50 and R66 monthly in cutting bonuses as compared to the average under ground wage for African miners of R101. Private farmers have no formal recruiting agency as opposed to the miller-cum-planters who use the Sugar Industry Labour Organisation (SILO) which 3 Hansard 4. cot. 412. 1 Stats. March 1977, p. 46.
257
EMPLOYMENT IN DOMESTIC WORK
recruits between 17 000 and 20 000 migrant workers from Trans kei annually. Private sugar farmers are able to attract labourers because as private farmers they can house their labourers as married men while the miller-cum-planters, who are classified as an industry, are restricted to housing only 3% of their African labourers in married quarters. Due to training schemes the produc tivity of the workers has risen over the years. Whereas 4,6 men were required to cut 1 000 tons of cane in 1972/3 only 3,4 men were needed in 1977. DOMESTIC WORKERS
Domestic Workers and Employer's Project (DWEP) Economic pressures over the year caused many employers to dispense with a fulltime domestic worker in favour of a part-time one and a considerable number of people were managing with out domestic workers. The Domestic Workers and Employers' Pro ject (DWEP) found resistance to its pleas for higher salaries for workers who were themselves caught in the upward spiral of prices. It urged employers who could not afford its recommended wages not to dispense with their workers but to employ them on a pro-rata basis. For instance, a domestic worker could work half a 44-hour week for half the recommended minimum wage of R65 a month, while living on the employers premises. In July, Mrs. Leah Tutu, who had worked with DWEP in 1976 as a Community worker, was appointed director of the Project. DWEP's Centres of Concern were established at an increasing rate, many of them in the smaller towns and semi-rural areas. At the time of writing there were well over 100 Centres throughout the country involving some 10 000 people. DWEP embarked on a new project of encouraging the formation of neighbourhood consumer groups consisting of 12 to 20 members. The aim of the groups was not only to assist the participants economically but to enable them to learn how to assert themselves and thus to raise their self-image. MINING
The Mining Statistics Report for 1976 of the Department of Mines gave the following average figures for workers engaged in mining. The percentages show the increase/decrease in average numbers over 1975. Gold Mines number %
Whites Coloured Asians Africans 1
.......... .......... ... ... ..........
...
Financial Mal. t0 june.
38 697 2,5 578 24,0 0 16 362 616 6,8
Coal Mines number %
9 168 65 327 74 254
12,6 -8,5 13,5 8,6
All Mines number %
95 734 7 556 1102 626 807
4,5 -2,1 15,4 5,9
258
A SURVEY OF RACE RELATIONS, 1977
For the last few years it has been the policy of the Chamber of Mines to increase the number of local workers on the mines and to decrease the foreign labour complement. In 1974 only 22% of African mine workers employed on the gold mines of the Chamber of Mines came from South Africa, in cluding Transkei, while 21% were from Lesotho, 4,9% from Botswana, 1,5% from Swaziland, 27,2% from Malawi, 0,8% from Angola, none from Kavango and Caprivi, 23% from Mozambique and only three workers from Rhodesia. As of April 1977, 27% were S.A. workers, (excluding Transkeians), 23% from the Tran skei, 25% from Lesotho, 5% from Botswana, 3 % from Swaziland, 6% from Rhodesia, 0,04% from Malawi, 0,3% from Angola, 0,6% from Kavango, 0,08% from Caprivi and 9% from Mozambique." The following table compares the average numbers of foreign workers employed on the Chamber of Mines gold mines according to locality for the years from 1974 to April 1977. 1974 Lesotho ............ 71930 Botswana ............ 17037 Swaziland ....... ... ... 5163 Rhodesia ... ... ....... 3 Malawi ............. 94728 Angola ............. 2780 Kavango ............ .Caprivi ..............Mozambique .......... 80737 Transkei ............. .-
1975 74927 17432 7348 2437 22875 3410 91359 -
1976 81383 19862 9941 15939 494 2862 248 224 67436 -
Total ... ....... ... Total employed including S.A ...........
272378
219797
198389
277934
348901
320536
341099
381759
...
1977 (April) 96704 20982 10711 22133 163 1206 2160 325 34817 88733
The main changes in the pattern of foreign labour recruiting from 1974 to 1976 took place with regard to Rhodesian, Malawian and Mozambican workers. Consequent to a WENELA' aircraft accident in April 1974 in which 72 Malawian miners were killed, Malawi suspended the recruiting of its nationals as mine workers and banned Wenela from flying into or out of Malawi. As from July 1975, Malawi refused to permit further recruitment of Malawian mine workers for the South African gold mines. This year the Chamber of Mines announced that it had had discussions with the Malawian Government on re suming recruitment for the mines which had resulted in the em ployment of a few experienced men.' As a result of the ban on labour from Malawi, the Chamber had stepped up its recruiting in Rhodesia. Mozambican labour has decreased steadily over the last 1 From estimates supplied by the Chamber of Mines.
1 WENELA: the Witwatersrand Native Labour Association. 2 Star, 1 June.
EMPLOYMENT IN MINING
259
three years, and in April 1977 it was almost half the 1976 level. A spokesman from the Chamber of Mines stated that this was due to problems with travel documents and not to political reasons.' This year it was the policy of the Chamber in engaging new recruits, to give preference to SA workers, especially during the peak months. Only those foreigners who had previously worked on the mines or who had re-engagement certificates were re-em ployed.' In commenting on the constraints in recruiting foreign workers, Mr. Tony Fleischer, labour adviser to the Chamber of Mines, commented that a further cutback in foreign labour was inadvisable due to the Chamber's obligations to its traditional supplier countries and to the regular workers from those coun tries. 2 The recruiting of local Africans presents specific problems for the mining industry. Local men generally work for short contracts of six months causing labour shortages at the end of the year. Foreign workers, in contrast, generally sign contracts for at least a year, and this in the past, has helped counteract the October/Decem ber decline. With the high SA complement this problem tends to be exacerbated. Some mines have overcome the seasonal decline by stockpiling ore through the year. The ore is then milled during the period of short supply.' Mr. Fleischer commented that the Chamber and the various producers had introduced incentives for the workers and planned others to alleviate the seasonal shortage problem. One was that workers who signed on for 45 weeks would be given back their same jobs at the same mine at the same rate of pay. The Chamber intended introducing an internal airbus transport system whereby miners ending their contract could be flown home for six weeks to two months. Bonuses would be offered to those returning within the stipulated period. Mr. Fleischer commented that it was neces sary to increase married quarters for key personnel to improve labour stability on the mines. The law restricted the number of workers housed in married 4quarters to 3 %. He hoped to see the figure raised to a least 10%. As from January 1, 1977, WENELA and the Native Recruit ing Corporation merged to form the Employment Bureau of Africa Ltd. (TEBA). Approximately R100m was paid out in sav ings or remittances by TEBA in home territories during the year.1 In July, production at the O'okiep Copper Company's mines in Namaqualand was cut by 27% due to the slump in the world copper price. The cutback involved 193 White, and 376 Coloured 3 Rand Daily Mail, 18 August. 1 Financial Mail, 10 June. 2 Star, 19 March. 3 Rand Daily Mail, 5 March. 4 Rand Daily Mail, 5 June. I Chamber of Mines Annual Report 1976, p. 12.
260
A SURVEY OF RACE RELATIONS, 1977
workers comprising 17% of the company's work-force. It was ex pected that 500 African workers out of a total of 1 700 would be laid off in the three months after July as Transkeians were phased out.' In giving reasons for the cutback, Mr. T. P. Philip, general manager of the mine, commented that only 10% of O'okiep's pre sent reserves could be mined profitably. In deciding who to declare redundant, marital status, the number of children, area of origin, years of service and job performance had all been taken into account. Those laid off were mainly under 30 because it was felt that they could withstand the situation better, or those over 50 who would qualify for reduced pensions.' It was expected that hundreds of families living in the area would be uprooted as their dwellings were owned by the Company. Mr. C. H. De Beer, past president of the Namaqualand Chamber of Commerce, said that a large 4 proportion of the workers laid off had been born in the area. In December, Cape Asbestos announced the retrenchment of 4 100 African workers and 200 white workers from its asbestos mines at Penge in the Eastern Transvaal and at Koegas in the Northern Cape. The majority of African workers at both mines were Transkeian citizens. The company announced that the Koe gas mine would probably close down altogether in the latter half of 1978. In August this year both African and white mine workers received across the board wage increases. All white miners received a flat R25 per month rise which had the effect of a 6,25% increase at the R400 per month level, a 5 % increase at the R500 per month level, and a 3,3% increase for miners earning R750 per month. The pay rise, which affected 21 000 miners, cost the coal and gold mining industries an additional R6,3m a year.- The 440 000 African miners received a 6% pay rise costing the mines R30m a year. The increases raised the starting wage of an African novice underground worker from R65 to R68,90 per month. The rates of increase in African wages declined from 1975 to 1977. In 1975 the increase was 37,5% (at the lowest level), in 1976, 13,6% and in 1977, 6%.6 The table1 below gives the weekly and monthly cash wages for African novices on the mines of the Chamber of Mines for the years 1971 to 1977. The Chamber estimated an additional R40 per month towards the miners' cost of keep. Eflective Date June 1971 June 1972 June 1975 June 1976 August 1977
.... .... .... ... .... ... .... ... ..........
... ... ... ...
Underground Weekly Monthly 2,52 10,92 3,00 13,00 13,20 57,20 15,00 65,00 15,90 68,90
Surface Weekly Monthly 2,04 8,84 2,28 9,88 8,40 36,40 9,30 40,30 9.90 42,90
2 Star, 5 July.
5 Ibid, 26 July.
3 Sunday Times, 10 July. 4 Rand Daily Mail, 2 July.
6 lbid, 30 July. I Estimates provided by The Chamber of Mines.
EMPLOYMENT IN MINING
2-61
The mine officials' claim for a wage increase was initially turned down by the Chamber of Mines and a dispute was declared by the SA Technical Officials' Association, which reduced its de mand from a 10% increase plus benefits to an 8% increase without benefits. In July the Chamber announced a 5% increase on mini mum salary scales which affected officials who were members of the Underground Officials' Association, the Mine Surface Officials' Association and the Technical Officials' Association.' The following figures give the average monthly wages for both African and white mine workers on the gold and coal mines of the Chamber of Mines from 1971 to 1976 -(excluding the cost of keep for African workers): Year 1971 1972 1973 1974 1975 1976
. .. ... ...t .. ...... .......... ....... ....... ... .... ... .... ... ... ....... ... ... ... ....... ....... ...
Africans (Gold and CoalMines) 18,44 21,32 29,07 46,92 79,01 91,72
Whites (Gold) 386 411 490 581 661 737
Whites (Coal) 393 418 508 606 701 785
The Department of Mines statistics gave the following figures for average monthly wages on the mines for 1976 for all race groups: ...
...
Coloured
...
...
...
Asians African
... ...
... ...
... ...
Whites
...
Diamond 567,40
Gold 709,25
Coal 779,49
180,57
332,59
232,07
154,16
286,68
219,34 80,63
253,92 91,16
377,69 101,81
All Mines 671,31 89,37
White gold miners' wages on mines of the Chamber of Mines from 1971 to 1976 increased by 91% while African wages for the same period increased by 397%. However, the absolute wage gap between the average earnings of African and white mine workers on the gold mines rose from R367,56 in 1971 to R645,28 in 1976 using Chamber of Mines figures. In his annual chairman's address to Amgold, Mr. J. Ogilvie Thompson stated that from 1971 to 1976 African mine workers' wages increased more rapidly than the national average increase in African wages of 199%. However, this was balanced out by the fact that prior to 1971 African miners wages rose at a rate slower than the national average. The wage increases must also be seen in relation to profits, he said, and although costs (or which African wages form a part) have been rising, so has income. Revenue per ton milled rose from R11,24 in 1970 to R31,53 in 1976 and earnings per kilogram of gold produced from R832 to R3 367. 2 Rand Daily Mail, 30 July. 1 Amrgold, Chairman's Statement, 1977.
262
A SURVEY OF RACE RELATIONS, 1977
In March this year the Commission of Enquiry under the chairmanship of Mr. D. G. Franszen into the introduction of a five-day week on the mines, submitted its report. The Commission was appointed by the Government in August 1976 to avert a strike in the dispute between the Mine Workers' Union, which had called for a five-day week, and the Chamber of Mines. At the time, the Chamber and MWU agreed as a compromise to co-operate in working an 11-shift fortnight for members of the union on gold mines and collieries from April this year. The Commission, although supporting the principle of a five day week, objected to its implementation at the time of writing on the grounds that it would be too costly and damaging to the eco nomy. It recommended instead that the 11-shift fortnight be intro duced for a trial period of one year. This would allow for a fair assessment of the shorter week's effect on productivity. The Com mission estimated that maintaining the gold mining industry on an 11-shift fortnight would require an additional investment of R30,lm and in increased working costs of R15,69m a year. It would lead to increased employment of about 5 306 African mine workers and 250 whites. The Commission rejected the MWU's sug gestion of replacing the 48 -hour working week of six shifts with a 46-hour working week of five shifts as it felt that the lengthening of the shift to 9hours 12 minutes would adversely affect the miners' health. It estimated that a full weekend off would cause a 6,1% drop in gold production which would comprise a loss of R184,54m, assuming a gold price of $130. In comparison the 11-shift fortnight would cause a 4,36% drop in production.' Evidence from African miners showed that they would prefer to complete their work contracts as fast as possible and work six or seven shifts a week. They expressed their opposition to a longer day as they already worked a 12 hour day (including time waiting at the mine head etc).' Mr. P. J. Paulus, general secretary of the MWU, rejected the Commission's recommendation that if and when a five-day week was introduced it should be organised on a rota basis and not necessarily from Monday to Friday. He held that Sunday work would never be acceptable to the mine workers. The l1-shift fortnight which was introduced in April 1977 affected all members of the MWU. Union men, other than those of the MWU continued to work a six-day week by choice of their unions. Officials, other than those involved in the working of a cycle or rotation of shifts, also switched to the 11-shift fortnight system. African employees were working either according to the 3 11-shift or 12-shift system depending on their specific work. 1 Financial Mail, I April. 2 Ibid, 8 April. 3 Chamber of Mines Annual Report, 1976, p. 11.
EMPLOYMENT IN MINING
263
Conflicting claims regarding the level of production under the 11-shift fortnight were made by the MWU and the gold mining industry over the gold production statistics for the quarter ending June 1977. The figures revealed a 6,3% increase in the tonnage milled from 17 094 000 in the March quarter to 18 167 000 tons in the June quarter. The gold mines all reported that although production for the June quarter was generally higher it was lower than could have been achieved under the 12-shift system. The industry claimed that as the mines had a full labour complement for the first time since the June 1974 quarter there should have been a bigger increase in production than was actually experienced. Mr. Paulus, however, claimed in The Mine Worker of August that the ll-shift fortnight had had something to do with the increase.' From the outset, Mr. Paulus appealed to miners not to work overtime to maintain production on the 11-shift fortnight system, but to achieve this during working hours, otherwise, he stated, the Chamber would claim that production had been maintained only with overtime.2 The claim, he thought, would be held against him when negotiations for the 5-day week were re-opened. In July the MWU's executive decided to withhold union assistance from members who worked Saturdays when they should be off duty, blasted in the working places of fellow workers who were off duty, and loaded for fellow workers who were off duty as a means to force miners not to work overtime. An internal document on Anglo American's labour policies fell into the M1WU's hands in November. The document stated that the mining industry could not encourage the admission of whites "who are either unable or unwilling to outpace the ambitious black, and who are likely to prove an embarrassment in the future". The plan aimed at providing avenues of advancement which would accommodate the rapidly expanding aspirations of black em ployees; at alleviating growing feelings of insecurity amongst whites; restoring the purpose and drive of first-line management and closing the supervision gap; and meeting the increasing skills shortage and improving productivity. The plan had as its long-term objective the elimination of job reservation and the acceptance of the principle of work integration by all employees. Mr. Paulus, in response to the document, accused Anglo American of attempting to oust the white miner "in favour of cheaper black labour".4 In its quarterly mining survey published in November, the Chamber of Mines described a new category of mine worker called artisan aides who receive some training as boilermakers, electricians, fitters, riggers, plumbers and carpenters to qualify 1 Rand
Daily Mail, 29 August. 2 Ibid, 27 Apn. 3 Star, 5 July. I Rand Daily Mail, 15 November.
A SURVEY OF RACE RELATIONS, 1977
them for tasks where the skill of a partly trained artisan are re quired. The minimum starting wage for underground aides was R31,62 a week. 5 During 1976, two publications appeared which examined the position of African workers on the mines and set out recommen dations for an improvement in workers' conditions. They were Another Blanket published by the Agency for the Industrial Mission (AIM) and The Perceptions and Behaviour Patterns of Black Mineworkers on a Group Gold Mine, issued by Anglo American and produced under the directorship of Professor Dun bar Moodie. Among the reforms suggested in the latter report were the humanizing of the process of acclimatisation, improvement in relations between African and white mine workers, the introduction of an all-African unit committee whose chairman would communi cate with the mine overseer together with the Personnel Assistant, the revision of the Departmental Personnel Officer system, the provision of accommodation at the mine for visiting wives, the phasing out of ethnic housing blocks, the elimination of "open" toilet facilities, over-crowded rooms, and mass nakedness at medi cal examinations. In commenting on miners' attitudes, the report also stated that Mozambican miners were committed to Frelimo, listened eagerly to Radio Mozambique and criticized white mine management as "colonialist, capitalist and exploitative of workers". At the same time they were hard-working and "submissive", "well behaved" and "eager to please". The report met with criticism from Mr. Paulus, who claimed that it was written in the spirit of "the black man is right and the white man is wrong."' Anglo American responded positively to some of the recommendations in the report. Reforms introduced included the elimination of group nakedness and ethnic housing blocks, and the introduction of buses to convey migrants to their homes over weekends. Furthermore, petty irritations were eliminated in the acclimatisation process. Anglo American stated that it also intended introducing industrial relations courses for white miners." The president of the Chamber of Mines, Mr. L. van den Bosch commented that production in the mining industry would be hampered if the following problems were not tackled: inflation, restrictions on the best use of manpower, the shortage of suitably skilled workers, the shortage of foreign investment capital, and the challenge of ensuring a contented workforce in a rapidly chang ing social milieu. He warned that the policy of administered price hikes threatened to curtail the competitiveness, the profitability SIbid. 1 Rand Daily Mail, 6 June.
Star, 13 May.
EMPLOYMENT IN MINING
265
and viability of mining operations. He suggested an adjustment in mining taxation to maintain the attractiveness of mining to inves tors both at home and abroad.3 Conflicts over the recognition of African trade unions delayed the Chamber of Mines' submission of evidence to the Wiehahn Commission. The conservatives, led by Gold Fields, proposed that migrant miners be represented by 'mine level committees' or 'enter prise unions" only. The liberal faction held that full trade union rights should be extended to African miners. The dispute was refer red to the Chamber's executive which was to draw up a document to submit to the Commission.4 In an Amendment to the Occupational Diseases in Mines and Works Act of 1975 the limit on the sum which might be paid out as compensation for injuries was changed from an aggregate amount of RI 50 000 per financial year to an unspecified amount to be determined from time to time by the Minister of Mines with the concurrence of the Minister of Finance. Furthermore, the limit of R180 per person per financial year which a Bantu Affairs Authority could pay out of monies of the Bantu Compensation Fund was removed. This fund awards a grant to an African worker who has already received benefits under the Act but who is still in necessitous circumstances and is unable to work by reason of old age or ill health. The Amendment also legislates for an additional increase in those benefits which were increased under the provisions of the Occupational Diseases in Mines and Works Amendment Act of 1975. The Act is now called the Occupational Diseases in Mines and Works Amendment Act of 1977. In 1976 a total of 796 people died and 26 183 were injured on SA mines. Deaths on the gold mines totalled 557 and on the coal mines 86. Injuries on the respective kinds of mines were 20 728 and 1 781. The death rate for all mines was 1,21 per 1 000 and the injury rate 39,8 per 1 000. Most accidents were caused by falls of ground including rockbursts. The second largest number of accidents was in the category 'trucks and tramways'.' In July two African miners were killed by an underground fire at the Buffelsfontein gold mine near Klerksdorp. Eighty men who were trapped for eight hours were later freed by six rescue teams. A rock burst at the Blyvooruitzicht mine near Carletonville in September caused the death of 32 miners.' The deaths brought the number of miners killed in the disasters in the Carletonville area this year to 110. Rock bursts also occurred at the Harte beestfontein gold mine near Klerksdorp, the second disaster at the mine during this year. In January nine men were killed and 3 Financial M4l, 4 Ibid.
21 October.
I Rand Daily Mail, 14 June. 2 Star, 20 September.
A SURVEY OF RACE RELATIONS, 1977
49 injured when a shaft collapsed 2 000 m underground.' Fourteen men were killed and eight men injured in October when a 14 ton kibble dropped onto 65 miners after the supporting rope holding the kibble had snapped in shaft no. 3 of the Free State Saaiplaas gold mine. 4 For strikes and work stoppages see the section entitled 'Strikes and Work Stoppages'. CONSTRUCTION
The following figures published by Stats in June 1977 were drawn from the Department of Statistics, News Release No. P.8. The numbers employed in all race groups for the years 1973-1976 in the construction industry were as follows: Employment
White numbers % inc. p.a. African numbers % inc. p.a.
Coloured numbers % inc. p.a.
1973
1974
1975
1976
53 900 (2,9)
58 600 (8,7)
61 200 (4,4)
59900 (-2,1)
266 100 (13,2)
303 200 (13,9)
325 100 (7,2)
323 800 (-0,4)
50 600
54400
54600
52700
(0,6)
(7,5)
(0,4)
(-3,5)
Asian numbers
6000
% inc. p.a.
(-1,6)
Total black numbers % inc. p.a. %of total labour force
6 000 -
5900
5600
(-1,7)
(-5,1)
322 700
363 600
385 600
382 100
(10,7) 85,7
(12,7) 86,1
(6,1) 86,3
(-0,9) 86,5
The construction industry was hard hit by the recession this year. Building plans passed from November 1976 to February 1977 were 31 % down on the comparable period for the previous year. The number of building plans passed in Johannesburg during the first half of 1977 was the lowest for the equivalent period in the past 12 years.' Many firms were forced to work below capacity on short time during the year. In March it was reported that factories making building materials were running 30% under capacity with the labour force down 13 %.2 In June, the Industrial Council for
the Building Industry gave Gough Cooper permission to go on a four-day working week.' In September it was reported that brick makers were operating at 50% of capacity and cement manu facturers at 65 %.4 In a building survey, the University of Stellenbosch stated that from 1974 to September 1977 there had been a decline in em ployment in all major centres in the building industry except Bloemfontein. 3 4 1 2 3 4
Rand Daily Mail, 3 September. Star, 8 October. Star, 7 July. Ibid. 24 March. Ibid., 20 June. Sunday Times, Business Timev, September 20.
267
EMPLOYMENT IN CONSTRUCTION
The table below gives estimates of the percentage decline in from 1974 and from 1976 to the work Septemberforce 1977.'for different centres Since 1974
Centre Cape Peninsula P/E and Uitenhage ... ......... KimberleY ...... Bloemfontein Durban/Pinetown ... Southern Transvaal ... Pretoria
Skilled 37,3 20,6 24,2 (+ 1,3) 36,7 24,8 30,4
Unskilled 38,5 32,7 36,5 3,2 43,0 22,9 29,7
Since 1976
Skilled 23,4 20,5 9,8 12,6 27,6 18,2 14,7
Unskilled 24,0 23,4 19,3 9,9 25,6 18,8 18,3
It was estimated that a total of approximately 8 000 artisans were laid off in 1976 (including both registered and unregistered unemployed) in the building industry,2 while the recruitment of apprentices fell by 30%. An architectural survey showed a 41 % cutback in qualified architects and staff in the same year. Mr. R. Beech, general secretary of the 14 500 member Amal gamated Union of Building Trade Workers, stated in March 1977 that 10% of construction workers were unemployed in Cape Town, 10% in Durban, 9% in the Transvaal and 7% in Port Elizabeth. 3 Statistics from the Transvaal Industrial Council indi cated that employment dropped by almost 19% in the six months up to the end of May this year compared with the same period in 1976. Mr. Beech said that unemployment of artisans, conserva tively estimated, would have reached at least 20% by the end of the year. The Building Industries Federation (BIFSA) stated that the number of registered unemployed artisans increased from 750 in 1975 to 3 500 in September 1977. The real figure would be much higher as the majority of unemployed artisans failed to register as such. At its annual conference in October BIFSA stated that there had been a decrease of 100 000 workers in its labour force during the last 18 months. BIFSA predicted that in addition to the artisans recently lost, it would need more than 4 000 each year to 1980 and 6 000 each year during the next decade, given an upturn in the economy. It was stated that white youths found artisan work in the building industry unattractive, and this, coupled with white migration and the increased period of military call up, would lead to a serious shortage of white artisans. The only solu tion was to introduce a "crash programme to train black artisans". Professor N. Wiehahn, chairman of the labour commission ap pointed this year, stated that the industry, in its industrial rela tions training, would have to take into account the heterogeneous nature of the workforce, Specific attention would have to be given to attitudes between workers.1 1As
derived from the stamp sales of the various industrial councils. University of Stellen bosch, Building Survey, No. 35, September 1977, p. 28.
2 Financial Mali, 4 March. 3 lbid, 25 February. 1 Star, 1 November.
A SURVEY OF RACE RELATIONS, 1977
Mr. Pears of the Master Builders' Assiociation said that millions of Rands invested in the industry in training workers were being dissipated as a result of the shrinkage in the work force.' The University of Stellenbosch report commented on the disturbing fact that the majority of artisans and labourers who had left the industry had done so on a permanent basis. It pointed out that the training period of five years for artisans and techni cians introduced an inelasticity into the supply of labour, which could seriously affect the capacity of the industry to cope with sudden increases in demand.3 As a remedy for the situation it suggested the inclusion of the building industry (especially the housing sector given its high labour intensive nature) in any pro gramme of selective stimulation of the economy by the govern ment. It argued that this would contribute to the creation of opportunities in the metropolitan areas where unemployment was at its highest. It looked to the introduction of low cost housing programmes as a viable measure to alleviate unemployment especially as these would not adversely affect the balance of pay ments given their small import content. BIFSA warned, in its annual report, that the building in dustry's institutional training programme would be seriously jeopardised if the rate of building activity dropped below the pre sent level. The report called for "more effective planning without too much direct State interference". It pointed out that a stimulus to the building industry would, because of its relatively labour in tensive nature, not only provide employment opportunities within its own ranks, but would also have a beneficial effect on its auxil iary industries such as the brick, cement, steel and timber indus tries where production was substantially underutilised. 1 In Novem ber the government announced plans to stimulate the economy, particularly the building industry by allocating R250m for the construction of low cost housing.2 The average monthly earnings for workers in the construc tion industry for the years 1973 to 1976 are given below. 3 Average Monthly Earnings per Person Employed (percentages of white earnings in parentheses)
Whites African Coloured Asian 2 3 1 2 3
1973 410 71(17,3) 140(34,2) 183(44,6)
1974 445 84(18,9) 160(36,0) 217(48,8)
1975 507 104(20,5) 192(37,9) 254(50,1)
Ibid, 28 July.
University of Stellenbosch, Building Survey. op. cit., p. 29.
Star, 14 July. Ibid, 10 November. Stats, June 1977, p. 87.
1976 563 114(20,3) 218(38,7) 304(54,0)
269
EMPLOYMENT IN FINANCE AND COMMERCE
The percentage increases in wages per head for Africans and whites for each year from 1973 to 1976 is as follows: African White
18,3% 8,5% 1973-74 23,8% 13,9% 1974-75 9,6% 11,0% 1975-76 Wage agreements were made for the building industry in Bloemfontein, the Western and Eastern Provinces, and Durban and Albany. A 6 % increase every six months was granted for the latter two centres. As a result minimum wages for a grade II labourer on construction work rose from 53c per hour to 59c per hour, and for a grade I labourer from 57c per hour to 63c per hour. The minimum wage for an artisan's assistant grade I with experience is 92c per hour for the building and monumental masonry industry in Bloemfontein; a building assistant class one on construction work receives 108,5c per hour in Durban The amendment to the building industry agreement (Eastern Pro vince) reduced artisan wages from R1,74c to R1,70c per hour. The agreement will run until April 22, 1978. The amendment to the agreement for the Cape Peninsula cancelled the automatic annual wage increase for July as a result of the recession in the industry. The agreement froze wages from 1 July 1977 to 31 January 1980. FINANCE AND COMMERCE
The following figures' give the average employment and wages in the finance sectors for the end of 1976 and percentage increases or decreases over the 1975 figures. Average num bers employed Banking 49 140 Whites 2 957 Coloured 1 358 Asians 6825 Africans Building Societies 11137 Whites 417 Coloured 263 Asians 2052 Africans Insurance Companies 24688 Whites 3 655 Coloured 907 Asians 4708 Africans
% change over 1975
Average monthly wages
% change over 1975
1,2 12,4
509 190 258 164
10,2 11,9 17,1 9,3
2,1 0 4,0 5,8
434
187 266 128
9,5 14,3 13,2 11,3
-2,7 5,5 6,0 1,6
568 232 341 177
12,4 16,5 17,4 17,1
5,0 5,0
Barclays Bank, with a total workforce of 17 000, employed approximately 1 900 Africans in clerical positions at an average I Department of
Statistics Bulletin for 1976.
270
A SURVEY OF RACE RELATIONS, 1977
starting wage of R200 a month. Barclays said there was no dif ference in salary scales between African and white staff. In 1976, 430 Africans passed through the bank's training schools where courses range from teller-trainer to management level. The Bank's 20 odd African managers and business development officers were drawing salaries ranging from R5 000 to R12,000 p.a. The African Bank was established on November 14, 1975. By 1977 four branches had been established, at Ga-Rankuwa in BophuthaTswana, in KwaZulu, at Umtata in Transkei and in Soweto. In September the first African branch manager, Mr. M. D. Motsuenyane, was appointed to run the Diepkloof branch. By the end of December 1976 the Bank had approximately 2 220 individual customers. The bank was not able to give overdraft facilities until it had registered as a commercial bank. It could, however, finance hire purchase transactions and make personal loans. In 1976 the Bank handled approximately 25 hire purchase agreements and five personal loans monthly. 3 The Standard Bank 1 opened its first branch in Jabulani, Soweto, in February this year. Commerce The tables2 below show the average numbers employed and average monthly wages for the wholesale, retail and motor trades, and hotels as of December 1976, with the percentage increases over 1975. Average numbers employed Wholesale Trade 82 800 Whites
Coloured Asians Africans Retail Trade Whites Coloured Asians Africans Motor Trade' Whites Coloured Asians
1976 % change over 1975
Average monthly wages
% change over 1975
1,0
R453
9,4
22 700 11100 90600
1,3 0,9 1,1
139 185 104
10,7 9,7 18,6
134200 46 100 19 300 160300
1,1 2,2 1,6 2,8
255 110 153 82
9,7 10,2 9,7 15,1
44000 11550 3 500
445 151 219
Africans
51 500
104
Hotels' Whites Coloured Asians Africans
9250 5 100 3 900 37450
261 80 142 54
3 African Business, January 1977. 1 African Business, April 1977. 2 Department of Statistics Bulletin 1976. 3 Average for first 6 months.
EMPLOYMENT IN FINANCE AND COMMERCE
During the year, wage increases on minima were granted in the commercial and distributive trade. The increases amounted to 40% in the lower categories. Commercial workers were one of the lowest paid groups, the vast majority earning less than R250 per month before the increases.' According to the new minima a qualified male sales assistant receives from R180-R237 per month; a qualified female sales assistant from R122-R165, a shop assistant from R100-R138 and a labourer from R14,50 per week to R20,70., The amendment to the Industrial Council Agreement for the laun dry, dry cleaning and dyeing trade (Transvaal) granted increases of 15%-40% on minimum wages depending on the categories of work. Agreements for the hairdressing trade in Pretoria, the Trans vaal and the Cape Peninsula were amended. Employees in Pretoria received an increase of 10% in wages. They had already received a 20% increase in terms of a previous agreement during the year. Employees on the Witwatersrand received overall increases of 30-35%. Both agreements will run until 30 April 1980. Employ ees in the Cape Peninsula received 10-12% increases in wages. An experienced shampooist's minimum rate in Pretoria is R18,92 per week. On the Witwatersrand a shampooist receives R18,46 per week, while a shampooist in the Cape Peninsula receives R20,90 per week. In April, 641 members of the Cape Chamber of Commerce signed a manifesto committing firms to a policy of non-discrimi nation. They decided to introduce equal pay for equal work; promote harmonious relations between employers and employees;
and select, train and promote staff regardless of colour.3
At ASSOCOM's annual congress in October, the Johannes burg Chamber of Commerce (JCC) urged businessmen to press
the Cabinet to adopt a five-year plan which included a programme for the abolition of the colour bar in all spheres. A motion, which
was accepted unanimously, expressed disappointment with the government's general lack of progress in abolishing discrimina
tion despite its commitment to do so, and reaffirmed the belief in the creation of a stable African middle class. Mr. A. M. Rosholt, vice-chairman and chief executive of Barlow Rand, commented
that the country's economic malaise was due largely to a lack of confidence on the part of overseas investors and bankers. He stated that businessmen could no longer stand aloof from politics nor escape the effect of political decisions. As an immediate step towards change he held that the government should remove all
discriminatory laws and practices. For instance, workers should be given the freedom to offer their labour where they wished and
full freedom to use their skills. Trading rights for African busi I Financial Mail, 6 May. 2 Star, 2 May. 3 Sunday Times. 24 ADril.
272
A SURVEY OF RACE RELATIONS, 1977
nessmen should be extended.' Mr S. 0. Goodwin, national presi dent of ASSOCOM, stated that the settlement of the urban Afri can problem was as important as defence. He envisaged a faster economic growth rate with a deeper awareness of interdependence not only between racial groups internally but also in relations with neighbouring nations in Southern Africa A public company to establish supermarkets in African town ships, the Black Chain Ltd., was registered this year under the aegis of NAFCOC.3 The development committee for the project raised over R70000 towards the company's initial prescribed share capital of R100 000. Mr S. J. J. Lesolang, the chairman, said a site in Jabulani, Soweto, had been chosen for the development of the first store, which he estimated could be operating by November 1978. There was a possibility that the building would be erected by WRAB. In this case it would be leased from the Board and the Black Chain Company would 4be able to concentrate its capital on stocks, equipment and fixtures. Strong opposition to the establishment of the store was voiced by Soweto traders who felt that they would be put out of business. Mr Philemon Makhetu, vice president of the Soweto Traders' Association, said that the small traders would not be able to compete with a giant business concern. In November, the African Development and Construction Company (Pty) Ltd, a multi-racial company for the undertaking of contracts in African urban areas was formed. The shareholders comprised a consortium of African businessmen under the aegis of NAFCOC, owning 51% of the shares, and Roberts Construc tion Company, which owned 49%.1
During the year the issue of the restrictions on African businessmen's rights in urban areas was raised.' In 1976 NAFCOC representatives asked the Deputy Minister of Bantu Administra tion, Mr. W. Cruywagen, to relax certain of the restrictions. In July 1977, Mr. S. Motsuenyane, chairman of NAFCOC, stated that although the legal position had not changed it was possible for African businessmen to be issued with trading licences without obtaining homeland citizenship first, while they could also estab lish business outlets in the homelands without losing their right to trade in urban areas.2 At a meeting on 17 August, NAFCOC submitted a memorandum to the Deputy Minister, which, inter alia, called for the relaxation of restrictions on African business men operating in urban areas and for the government to repeal 1 Rand Daily Mail, 19 October.
2 Star, 18 October. 3 National African Chambers of Commerce.
4 Rand Daily Mail, 12 April. 1 Sunday Tribune, 27 November.
2 See the 1976 Survey pp. 185, 186 for a description of the regulations governing African businessmen as set out in Government Gazette R764, 7 May 1976. 3 African Business, July 1977.
EMPLOYMENT IN FINANCE AND COMMERCE
the Group Areas Act and Environment Planning Act. It also called for the establishment of a special committee to investigate all discriminatory legislation concerning the raising of capital by African businessmen. Mr Cruywagen stated that questions relating to the repealing of Acts were only dealt with by the Minister. On 4 November, in terms of regulations published in Gov enrnment Gazette No. 5795, the number of business activities open to African businessmen in African areas was increased from 26 to 66, while trading sites were increased from a maximum of 150 to 350 sq. metres, with provision for the granting of a larger site. African businessmen were no longer required to be in posses sion of a homeland citizenship certificate before being granted a trading site, and the prohibition against the granting of a site in an African area to a trader who has a business outside the area was abolished. Traders were no longer required to show their books to inspectors, nor did they have to obtain permission to employ assis tants, nor undergo medical examinations at the request of the superintendent. Previously, a trader was obliged to run his busi ness himself and risked losing his licence if he was absent for more than three months. The new regulation abolished the time limit and the granting of leave of absence would be at the discretion of the Superintendent. The JCC welcomed the changes, but stated that it would press the Government to lift the remaining restric tions. Prior to these amendments Mr. S. Motsuenyane had said he would welcome changes in the restrictions governing African businessmen but felt that "Africans should be allowed to trade, in the townships at least, in any business they feel competent to run, subject only to the usual zoning restrictions".1 Mr. W. Cruywagen rejected representations made by ASSOCOM for the granting of free trading rights in white areas to African businessmen, commenting that it would mean that trading permission would have to be granted to white, Coloured and Asian traders in respect of African urban areas. This would have an adverse effect on African traders as they would find it difficult to compete. ASSOCOM rejected this response and claimed that they did not want whites to be given trading rights in African areas. The Johannesburg Chamber of Commerce announced its intention to make further representations to the government on the issue. African traders criticised the ruling that they might only dispose of their business to a member of the same ethnic group. The Soweto Traders' Association asked officials of WRAB to I Financial Mail,
25 September.
274
A SURVEY OF RACE RELATIONS, 1977
scrap the ruling. WRAB's information and research officer Dr. Walter Cohen, said that the Board was prepared to consider re quests for relaxations in specific instances on merit.' At the time of writing there was a total ban on Africans set ting up industries in urban areas. In his presidential policy state ment for 1977, Mr. S. Motsuenyane called for the abolition of the ban. He stated that urban African poverty and unemployment were aggravated to a great extent by the denial of scope for parti cipation by African entrepreneurs in the commercial and indus trial activities of cities.3 Dr. H. J. J. Reynders, executive director of the Federated Chamber of Industries, added his voice to the protest and called, at the annual congress of NAFCOC, for the government to remove restrictions preventing Africans from establishing industries in urban areas. 4 Mr Cruywagen was reported as saying that the question of granting light manufacturing licences to Africans was also under further consideration by his department.' A committee of African businessmen established in February this year to investigate the formation of a Black Industrial Com mittee recommended that NAFCOC assume that function. In this capacity NAFCOC would make industrial legislation known to African entrepreneurs; negotiate with public authorities on their behalf, mobilise technical assistance in the white private sector and bring them into contact with their African counterparts, and make the appropriate arrangements for the training, appren ticeship and motivation of African industrialists.2 In 1976, NAFCOC established a fund called "Operation Restock" to assist African traders who were adversely affected by the riots. However, a total amount of only R5 000 was raised while businessmen had lost an estimated R1 043 000 in the riot areas. This year NAFCOC appealed to the Urban Foundation for a Rlm loan to help them re-establish victims of the riots. The Urban Foundation agreed in August to allocate R100 000 towards the Fund.' The Minister of Bantu Administration and Development gave the following figures' in respect of trading licences granted for Soweto as of January 1977. Pharmacies Wood and coal dealers Filling stations and/or garages Restaurants, cafes and eatinghouses Greengrocers General dealers Financial Mail, 18 March. African Business, June 1977. 4 Star, 8 July. 1 Financial Mail, 23 September. 2 African Business, July 1977. 3 Rand Daily Mail, 31 August. 4 Hansard 1. col. 45. 2 3
nil 165 9 119 226 394
EMPLOYMENT IN FINANCE AND COMMERCE
275
35 nil
Plumbers Bakers
46
Drycleaning institutions
229
General trading stores
nil
Supermarkets
Taxi Drivers A controversy broke out when a white taxi rank owner, Mr. Mouton, planned to introduce African taxi drivers in Johannes burg. The Secretary of the Department of Transport, Mr. Eksteen, commented that it was at the discretion of the first class owners whether they employed white or African drivers. 1 Opposition to the move was voiced by white taxi drivers, one of whom com mented that all 450 white taxi drivers would oppose Mr. Mouton at the City Council and Transportation Board.' They felt that African taxi drivers would take away their business.' Mr. Mouton claimed that his men had been unfairly treated when they failed the tests for qualification as taxi drivers in the city. After a meeting with City Council officials he accepted their decision and stated that his men would resit the test at a later stage.' EMPLOYEES IN THE SERVICE OF PUBLIC ADMINISTRATION
General The number of people in government service more than doubled from 1970 to 1976. In 1970 employees in the five branches of the government-the central government, public corporations, provincial administrations, local authorities and other statutory bodies numbered 675 947 while in 1976 the number was 1 361 641, an increase of 685 694. A large proportion of the increase took place in 1975/1976 when 489 651 new employees were taken on. Average monthly salaries of all employees increased from R136 in 1970 to R155 in 1975.1 In December the government announced a 5% wage increase for all public servants as of January 1, 1978. Central Government The following figures2 give employment in the central govern ment and average wages as of June 1977: Average numbers employed
Average monthly wages R
121 699 51 257 9 631 123 375
432 200 359 139
Whites Coloured Asians Africans 1 Star, 13 October. 2 Star, 12 October. 3 Rand Daily Mail. 12 October.
4 Star, 2 November. 1 Star, 17 February. 2 Department of Statistics News Release, 27 September 1977.
276
A SURVEY OF RACE RELATIONS, 1977
The Minister of Police, Mr. J. Kruger, gave the following figures 3 in Parliament relating to the annual pay scales in the police force applicable in 1977. They refer to the top level in each rank. Lieutenant R6 060 R4 740 R3 900
Whites Coloured/Asians Africans
Major R7 380 R5 820 R4 740
Captain R6 660 R5 340 R4 380
At the top of their scales African lieutenants, captains and majors received 64,3%, 65,8% and 64,2% respectively of their white counterpart's earnings. Mr. D. Dalling, PRP MP, called on
the Minister to eliminate the "insulting differentiation in these wages". He claimed that it was indefensible that an African major earned roughly the same salary as a white lieutenant's starting salary.4 Salaries for Defence Force members for 1977 were the same as those for 1976. Members of the white Citizen Force received pay increases over last year ranging from 10,2% at the highest to 11,7% at the lowest rank (excluding the increases announced in December). The increased scales are given below. ' Rank
Pay per day
R
Major-General Brigadier
42,78 39,16
Colonel Commandant Major Captain
29,22 22,71 18,37 15,47
Lieutenant
9,87
Candidate Officer Warrant Officer class 1 Staff Sergeant
5,71 17,64 12,58
Sergeant
9,33
Corporal
7,52
Lance Corporal
5,26
Private
3,72
The Minister of Justice stated that as of March 1977 there were two Coloured prosecutors who were operating in Athlone and two Indian prosecutors at work in Durban and Chatsworth respectively. No Indian or Coloured prosecutors were being trained at that time. Comparative starting salaries for the different groups in the legal profession were: Legal Assistant R2 700 R2 700
Coloured Indians
Whites
3 Hansard 4 Star, 25 1 Hansard 2 Hansard
R3 480
9. col. 714. March. 14, col. 1018. 6, cols. 566-568.
Magistrate R3 150
R5 340
277
EMPLOYEES OF PUBLIC AUTHORITIES
In answering a question in Parliament the Minister stated that in granting higher pensionable allowances to Indians and Coloured in 1976 an attempt had been made to narrow the gap between black and white wages.' This year the Public Service Commission investigated the employment of Africans, Indians and Coloured in clerical positions in government service. The Department of Health asked the Commission for discretionary powers, subject to ministerial approval, to employ people other than whites in clerical positions in its department as it felt the shortage of white manpower could be remedied by employing workers from other groups in these posts. Payment to the employees would be "at the existing rates for blacks" but it hoped that the wage gap would eventually be eliminated.' Mr David Curry, Deputy leader of the Labour Party, called at the Coloured Representative Council meeting in September for an enquiry into salaries, service conditions and promotion in the two government departments handling Coloured matters. Mr. Curry stated that 50% of all whites employed in the administra tion of Coloured Affairs were in the nine top administrative posts. As at March 1975, 82% of the top posts were held by whites and 98% of the Coloured staff held posts of lesser importance. The CRC adopted Mr. Curry's motion.' Provincial Administration Average employment and average monthly wages for the quarter ending June 1977 in provincial administration were as follows:1 Average numbers employed
Whites Coloured Asians Africans
116987 21 379 3 656 87795
Average monthly wages
R428 R133 R275 R 95
Local Authorities The Department of Statistics News Release for September 1977 gave the following average numbers and average monthly wages of employees in the local authorities for the quarter ending June 1977: Whites Coloured Asians Africans 3 1 2 1
Ibid. Star, 8 March. Star, 22 September.
Average numbers employed 57 900 24100 5600 136000
Department of Statistics News Release, September 1977.
Average monthly wages R584 R176 R183 R113
278
A SURVEY OF RACE RELATIONS, 1977
A sub-committee was appointed during the year to investigate the elimination of discrimination in pay between the race groups for the Pietermaritzburg City Council.' The pay curb, which operated throughout the year until December, and which affected 24 000 municipal workers in Johannesburg, saved the city between R5m and R7m. In 1976 salaries and wages totalled nearly R100m, almost a third of the city's total budget. The Johannesburg City Council's management committee commented that salary increases were required to attract and keep staff in Johannesburg's Electricity Department. A special advisory committee reported that a reliable supply of electricity to the city's consumers could no longer be assured if the Department's inability to fill posts continued.1 The Durban City Council approved, in November, five recommendations for change relating to the removal of job reservation, closed shop regulations barring Africans from jobs such as bricklaying, masonry, plastering, carpentry, painting, plumbing and electrical wiring in urban areas other than an African area, and the employment of African builders on mass low-cost housing projects in Coloured and Indian areas. A further proposal which was rejected by the Council asked for changes in the Fac tories, Machinery and Building Works Act to enable all races to share facilities (i.e. change rooms, eating facilities, toilets).2 During the year the Johannesburg City Engineer's Depart ment cut its African workforce by 500 to 7 400. White staff de creased by 100 to 1 640. The respective numbers employed in 1961 were 9 500 and 1 640. The reductions were achieved by not replacing employees who retired or resigned. Mr. E. Hall, city engineer, stated that greater productivity had been achieved despite a reduction in numbers, due to the introduction of a productivity programme.' EMPLOYMENT IN THE RAILWAYS, HARBOURS AND AIRWAYS ADMINISTRATION
Railways, Harbours and Airways The number of regular and casual Africans, Coloured and Asians employed by SA Railways, Harbours and Airways as of January 1977 and the percentage change over January 1976, was as follows:' 2 Star, 12 July. 1 Star, 5 July.
2 Rand Daily Mail, 16"November. 3 Star, 12 December.
Hansard 6, cols. 508-510.
279
EMPLOYEES OF PUBLIC AUTHORITIES Regular Employees Railways
Whites Coloured
97518 18478
Asians
Africans
% Harbours change
over '76 3 4 130 396 20
%
Airways
change
over '76 9 8077 151 -11
1 559
1
61
42
104 265
20
4 186
8
% Pipelines % change change
over '76 9 22
-
192 -
-
1 758
12
over '76 7
4 No change
265
-6
Casual Employees Railways
Whites
3542
% change
over '76 -43
-53,9 1 204 Coloured 28,6 75 Asians -51,4 12 034 Africans * January 1976: no emoloyees.
Harbours
198
72 8* 739
% change
over '76 -37 50
Airways
189
4'
-
-
-27,7
107
% change
over '76 -51 -
Pipe% lines change
over '76
-
9
-
32,1
The total number of employees for 1975 was 251 323 and for 1976, 261 369. In 1976 the railways lost 22 000 whites. Of this number 2 804 died or retired on pension, 1 922 were discharged and 1 712 resigned.2 The Minister of Railways and Harbours stated in Parliament that the staff position had improved slightly due to a more fluid labour market resulting from the present economic situation. However, there were still vacancies in key positions such as station foreman, signalman, guard and fireman/drivers' assistant. The Minister of Transport stated that 16 488 Africans were temporarily employed in the SA Railways and Harbours Adminis tration in positions normally occupied by whites at the close of the 1975-76 financial year. These posts would remain temporary as they were traditionally reserved for whites. 1 Mr. Van Rensburg PRP M.P. criticized this custom commenting that it would deprive African workers of a feeling of security.' Mr. Ivan Martin, president of the 8 000 strong Running and Operating Staff Union, stated that the members were no longer inclined to agree to further switchovers to African labour given the unemployment situation and the increasing availability of white labour. Figures showed that 6 705 Africans had entered formerly white labour fields manned by members of the Union. However, his fears that Africans were taking away so-called "white" jobs were unjustified as shortages of white staff of 17% in shunting and up to 58% in other union jobs were reported. Mr. J. Loubser, general manager of the SA Railways, commented in November that more posts were being made available to Indians on the railways. Jobs were also being opened up for Indians and Africans in containerisation, and in January 1978 32 Indians and 32 Africans would be trained as drivers. He mentioned, too, that representatives of the Coloured and Indian staff associations and 2 Hansard 8, col. 3566. 1 Hansard 7, col. 618. 2 Rand Daily Mail, 16 March. 3 Star, 18 August.
280
A SURVEY OF RACE RELATIONS, 1977
the African regional committees would soon be incorporated into the joint committee of the Railways and Harbours Pension Fund., The Minister of Transport gave the following figures relating to the average annual wage paid to the different race groups as at 31 December 1976, in the Railways and Harbours Administra tion: 5 Whites ............. Coloured .......... Asians ... ... ... Africans .........
...
R6 RI RI RI
514 603 603 353
The average wage of Africans was 21 %, and of Coloured and Asians 25 % of the average white wage. In March railway artisans demanded wage increases of at least 35%. They decided that if Mr. L. Muller, Minister of Transport, refused their demand they would take it to arbitration. The Minis ter stated in the Senate that if he was compelled by arbitration to raise salaries he would have to raise railway tariffs to find the funds. He said that an increase of 10% in wages and salaries would cost the railways R100m per year.' In June the Minister refused the 15% wage rise demands of the 22 000 strong Artisan Staff Association (ASA). In supporting his refusal the Minister com mented that the revenue from the railways had dropped because of a decline in the import traffic as well as in domestic and export traffic. In response to this, Mr. Zurich, president of the ASA, claimed that a large section of the railway workers earned only R300 per month, and wage increases were badly needed. The executives of the ASA felt that as Krygcor, a semi-state organisa tion, had received a 10% wage increase they should too.2 In August the general manager of the railways, Mr. Loubser, told the congress of the Running and Operating Staff Union that al though wages had fallen 23 % behind the cost of living, increases could not be considered. 3 In September the ASA declared a dispute after the Minister of Transport refused its demands for a revised increase of 17%. The Minister, in motivating his refusal, told Mr. Zurich that if all railway workers were granted a 17% pay increase it would cost the government an extra R173 million a year.' Mr. Zurich commented after a union delegation had seen the Minister, that although they were aware of the "cold economic facts" facing the country, they were determined to get some relief for their union members. Mr. Brian Currie, chairman of the Salaried Staff 4 5 1 2 3 4
Rand Daily Mall, 11 November. Hansard 2. col. 149. Rand Daily Mail, 25 March. Ibid, 1 June. Star, 18 August. Star, 15 September.
POSTS AND TELEGRAPHS
Association, commented that his union would not submit a pay claim until they were sure of some degree of success.' Railway workers were among those who were granted a 5% wage rise in December. The Minister of Transport revealed in Parliament that contri butions by railway workers to their sick fund amounted to only R635 450 in 1974-75 while the taxpayer subsidised it by R12 412 338. Mr. Bloom, president of the SA Retail and Druggists Association, revealed that the subsidy had increased to almost R18m for 1975-76 and his estimate for 1976-77 placed it at R30m." Posts and Telegraphs The Minister of Posts and Telecommunications stated that 11 335 whites and 9 221 blacks were taken into service in his De partment during 1975-76. Of the black employees 5 411 were placed on construction works.' In 1976 total staff turnover was approximately 24,23% of which 7 145 were resignations as com pared to a turnover of 26,27% (7 825 resignations) in 1975.2 As of March 1977, the numbers employed in the Department were as follows:' Whites ............. 43 941 Coloured ......... 6452 Asians .... ... ... ... 1195 Africans .. ...... 19310 The Postmaster General, Mr. L. Rive, stated that a man power shortage existed with regard to technical, technical auxili ary, clerical and delivery staff, and the failure to recruit an ade quate number of male clerks had led to a critical shortage in the PWV area. In January a total of 820 whites (including matricu lants and non-matriculants) were recruited for clerical work as against 885 the previous year.4 The number of posts established for postmen for each race group in the Department were: whites 2 998, Coloured 814, Asians 325 and Africans 450. As of February this year 1 066 of the posts for whites were unfilled leading to the employment of 624 black workers to make up part of the short fall.' Mr. R. de Villiers, PRP stated in Parliament that in view of the difficulty in finding adequate white staff, more posts in the Post Office should be opened to Africans." The Minister of Posts and Telecommunications commented that the situation as far as trained personnel was concerned had improved slightly. The number of resignations of trained men decreased from 651 in 1975 to 534 in 1976. As of March 1977, 5 Sunday Tribune, 18 September. 6 Rand Daily Mai. 17 March. I Hansard, 1 col. 38. 2 Haneard 9, col. 3978. 3 Hansard, 9 cal. 4057.
4 Hansard, 9, oot. 3978. 5 Hansard, 3, col. 175. 6 Star. 22 March.
282
A SURVEY OF RACE RELATIONS, 1977
approximately 3 000 whites were in various stages of training as technicians and telephone electricians. There were 449 blacks in training as electricians, and 153 as technicians, 29 of whom were expected to qualify during the year. Since the Post Office started training blacks in 1971, 294 had completed training as electri cians. I In 1975-76, 29 Coloured, 70 Asians and 11 Africans had com pleted training as learner electricians. As of February 1977, 96 Coloured, 126 Asians and 33 African electricians were in the employ of the Post Office.1 The Minister stated that plans had been made for the building of three training centres for whites and two for Africans at an estimated total cost of R6,5m. In its planning for telecommuni cation services in the African townships the Department had made provision for R5 500 000 for Soweto, R750 000 for Atteridgeville, R75 000 for Mamelodi, R750 000 for Katlehong and R1 000 000 for Tembisa.2 The total revenue for 1975 was R452m giving an annual average of R6 869 in revenue per head of staff. In 1976 the revenue per head had increased to R8 272, the total revenue being R555m. Totals of R190m and R204m were allocated for salaries for the years 1975 and 1976 respectively. These amounts represented 42,03% and 36,73% of revenue for the respective years. The average annual salary for workers for 1975 was R2 887 and for 1976, R3 038.1 The starting wages paid to matriculants of 4the different races for clerical and technical posts are given below: Whites ............ R2 310 per annum Coloured/Asians ...... R1 992 per annum Africans .............. R1 542 per annum Thus the starting wage for Africans is 67% of that of whites, while the figure for Coloured/Asians is 86%. African learner tele phone electricians started on R95 a month and earned R168 when qualified. This constitutes 66-% of their white counterparts' wages of R143 whilst in training and R253 when qualified. Coloured and Asians started on R123 and earned R218 when qualified. 5 The total amount in salaries and overtime paid to post men over the years is as follows:6 1973-74 ...... R1 1!28 133 1974-75 ... ... R14441086 1975-76 7 Hansard 9, col. 3978.
1 Hansard 1, col. 38-39.
2 Hansard 9, col. 4031. 3 Ibid.
4 Hansard 3, col. 294. 5 Rand Daily Mail, 30 August.
6 Hansard 3, col. 175.
....... R15 076 461
283
POSTS AND TELEGRAPHS
The Minister of Posts and Telecommunications gave the fol lowing breakdown of wages for the different groups as of January 1977. The figures exclude payments in respect of overtime and non-pensionable allowances. Monthly Salary R50 or less R51 - R100 R101 - R150 R151 - R200 R201 - R250 R251 - R300 R301 - R400 R400 plus
Whites 769 5998 4688 7709 7806 14406
Coloured 5 2505 1530 1238 282 192 267 33
Asians 43 59 427 264 117 33 12
Africans 687 10457 6433 736 107 18 71 5
In January 1977, 57% of the Africans employed fell within the wage bracket of R51-RIOO as opposed to 72% as at 31 March 1976. Thirty-five percent of African employees fell within the RIOI-R150 range in January 1977 as opposed to 13,5% the pre vious year, while the figures for the R50 or less range were 3,7% and 11,3 % for the respective years. Dissatisfaction was expressed in the earlier part of the year over the absence of wage increases for post office employees. Mr. G. Kruger, the secretary of the SA Telecommunications Associa tion, said in March that wages for post office workers were lag ging 23% behind the consumer price index.I Post office employees were included in the 5 % wage increase announced by the govern ment in December. The annual cost of raising the salary scales of black employees to the scales of white employees in equivalent posts was estimated at R2 925 200 in respect of 4 664 blacks. The remaining blacks were employed in categories in respect of which there were no equivalents for whites.' In opening the congress of the Coloured Peoples' Postal Workers' Association in Cape Town in September, Mr. L. Rive said that the government and Post Office were morally obliged to eliminate the wage gap between whites and Coloured postal workers when the economy made it possible. He also stated that lower wages for Africans were justified because their productivity was only 67% that of other racial groups. Many Africans considered it bad manners to do things quickly and had a 'don't hurry through life' philosophy. Professor M. Feldberg, director of the Graduate School of Business at the University of Cape Town, said Mr. Rive's comments were dangerous and in appropriate. He believed that given" the same training, motiva tion and leadership Africans would not have a lower productivity than any other group. Professor Feldberg suggested that Mr. Rive should question why those with lower productivity had not been 1 Hansard 3. col. 177.
2 Rand Daily Mail, 22 March. 3 Hansard 2, col. 142.
A SURVEY OF RACE RELATIONS, 1977
better trained, motivated and led. Mrs. L. Mvubelo, general secre tary of the National Union of Clothing Workers, said Mr. Rive's statement was an excuse for not paying a just rate for the job.' TRADE UNIONS
General In May this year, there were 172 registered trade unions operating in South Africa, 83 of them with a white membership only, and 48 for Coloured people only. The remaining 41 catered for white, Coloured and Asian members; 29% of the white labour force was organised, 34% of the Coloured force and below 1% of the African labour force.' There were 26 unregistered unions which, in 1976, had a membership of 42 000. At a seminar on May 26 on Trade Unionism in South Africa held by the Institute for Industrial Relations, Mr. A. Grobbelaar, general secretary of TUCSA, commented that he was not opti mistic that there would be a growing unity in the trade union movement. Obstacles to this were the movement's history of disunity, the fact that trade unionists valued their independence and autonomy above all else, and the existence of industrial legis lation which severely restricted the scope and operation of the unions, so ensuring that they were split along either racial or occupational lines, or were confined to activity in geographical areas. In summing up the views of the speakers at the seminar, Professor S. P. Cilliers, chairman of the Institute for Industrial Relations, commented that there was a relative decline in the growth rate of the movement amongst registered workers and very insignificant growth amongst unregistered unions. Consensus existed at the seminar that both labour and management needed to be well organised and represented to be effective in negotiating with each other in pursuit of their respective interests. In June, a number of unions boycotted a meeting of trade union leaders held by the Prime Minister to discuss labour matters unions, among them being the National Union of Distributive including wages, believing it to have been organised by right-wing Workers, the National Union of Commercial and Allied Workers Beetge, secretary of the right-wing Building Workers' Union, refused to attend because of the possibility that Africans would be at the meeting. 3 and the Trade Union Council of South Africa (TUCSA), which did not want to be seen to support a pay-freeze policy.2 Mr. Gert 1 Sunday Tribune, 11 September. 2 Rand Daily Mail, 22 June. 3 Star, 22 June. 1 A. Grobbelaar, in an address "Trade Unionism in South Africa" delivered to the Institute of Industrial Relations, May 26.
TRADE UNIONS
In May, 74% of the 600 members of the South African Society of Journalists (SASJ) voted to admit Africans into their ranks. The Society deregistered and reformed as the Southern African Society of Journalists. However, their attempts to set up communication with the Union of Black Journalists (UBJ) met with failure as UBJ officials stated that as the SASJ had done little for them in the past and as their problems were different, co-operation was not worthwhile.' At its congress in Durban in October, the UBJ resolved to negotiate with newspaper manage ments for improvement in working conditions of African jour nalists and to discuss alleged exploitation of African freelance reporters by white newspapers. It further resolved to investigate the possibility of establishing a training school for SA journalists.' The UBJ was one of the organisations banned in October this year and this marks the first time in the history of the union movement in SA that a union has been banned. The SA Medical and Dental Council resolved at a meeting in October to consider measures prohibiting anyone registered in terms of the Medical, Dental and Supplementary Health Service Professions Act from taking part in a strike, boycott or other action aimed at disrupting public health services and thereby endangering the lives and health of patients. It also recommended similar measures to prevent any person from inciting another to take part in disruptive action. The Trade Union Council of South Africa (TUCSA) Sixty-three unions are affiliated to TUCSA, with a total mem bership of approximately 228 000. Twelve of the unions have white members only, twenty-three are mixed (white, Coloured and Asian), 21 are for Coloured and Asians only and seven are unregistered (African) unions. In 1973, TUCSA embarked on a policy of encouraging mem bers to organise "parallel" unions for Africans. In an interview with the Financial Mail on this issue, Mr. Arthur Grobbelaar, general secretary, commented that the progress in the develop ment of "parallel" unions was disappointing. He named fear of possible action by authorities as one reason. He admitted that registered unions sometimes discriminated against "parallel" unions by introducing job reservation through a closed shop. How ever, as TUCSA's constitution prevented it from interfering in the domestic affairs of its affiliates, it was unable to take action against such discrimination.' TUCSA recorded its support for the fair employment mani festo signed by U.S. companies this year. Mr. Grobbelaar 1 Rand Daly Mail, 22 June.
2 Star, 10 October. 3 Ibid., 20 October. 4 Financial Mail, 1 April.
286
A SURVEY OF RACE RELATIONS, 1977
predicted that the initiative would have more 'teeth' than the British effort of a similar nature some years ago. He stated that TUCSA had been calling for the recognition of the points con tained in the manifesto for the past fifteen years. I At TUCSA's annual conference in September, for the first time in its 23-year history, a black trade unionist, Mr. Ronnie Webb (then first vice-president of TUCSA and general sec retary of the Motor Industry Combined Workers' Union), was elected president. Mr. Webb commented that his election gave full expression to TUCSA's declared policy of equal opportunity for all in South Africa. 2 The conference was attended by repre sentatives of the 10 600-member Mine Surface Officials' Associa tion, a new affiliate and the first mining union to join TUCSA. Mr. R. Botha, secretary of the union, said that by affiliating to TUCSA his association was striving for unity within the union movement. Three Cape Town unions disaffiliated from TUCSA at the conference, holding that the organisation was moving to the right. They were the Brewers' Employees' Union, the Jewellers' and Goldsmiths' Union and the European Liquor and Catering Union. Mr. Sam Wallace, chairman of the latter union, disaffili ated on the grounds that TUCSA's national executive wielded absolute power, so disregarding the needs of the smaller unions. Mr. Ted Fraser, general secretary of the other two unions, said the decision to leave the body, taken before the conference, was reinforced by a disciplinary amendment to TUCSA's constitution passed at the conference which allowed the national executive to suspend trade union officials from council activities. Before, only unions could be disciplined. Mr. Grobbelaar, in response to the criticism of the measure, said he insisted on the right to discipline an officer not working in TUCSA's interests.4 Among the resolutions passed at the congress was one on human rights which called on the Prime Minister to end racial discrimination in S.A. and accelerate the process of change in a meaningful and tangible way. Other resolutions which were discussed pertained to housing, the granting of freehold rights to urban Africans, the increase in old age pensions, and the possible harmful effects on the SA economy of the nationalisation of enterprises.' Further resolutions called for a commission of enquiry to investigate the workings of marketing boards, and condemned continued bannings and detentions without trial. The representatives of the Mine Surface Officials' Association objected strongly to the introduction of the resolution on deaths in deten tion on the grounds that it was a political and not a labour issue.' 1 Rand Daily Mail, 3 March.
2 Star, 30 September. 3 Star, 22 September. 4 Financial Mail, 23 September. 1 Rand Daily Mail, 19 September. 2 Sunday Tribune, 25 September.
TRADE UNIONS
The resolution was passed by all present, excepting the Associ ation, which abstained from voting. A decision was taken to increase TUCSA's affiliation fees due to the body's poor financial position. TUCSA had a deficit of R16 000 at the time of the congress. The possible effects of the Wiehahn Commission's enquiries into the trade union movement were also discussed. In this regard TUCSA's council stood firm in its determination that there should be no deterioration of trade union principles. TUCSA decided that in its evidence to the Wiehahn Commission it would call for a system of trade unions with supplementary multi-racial works councils. It rejected the establishment of works committees as an alternative to trade unions. 4 TUCSA's thinking on the issue changed during the year, as earlier on it had advocated the recognition of trade unions for Africans without mention of works councils. It decided also to call for the recognition of workers' freedom of association, for an Industrial Court with the same status as the Supreme Court, and for industrial and labour rela tions training to take place outside of government institutions7 The Confederation of Labour (CONFED) Approximately twenty-five unions with an approximate total membership of 200 000 are affiliated to CONFED. This year CONFED refused applications for affiliation by the ultra-conservative white Building Workers' Union, and the Association of State Saw Mill and Forestry Workers, both led by Mr. G. Beetge, who claimed that the applications were refused to avoid a debate on job reservation.' In an address to the South African Municipal Employees' Association (SAAME), Mr. A. Nieuwoudt, president of CONFED, commented that the conservative trade union would be an effective antidote to leftist trade union aspirations. He expressed opposition to the creation of African trade unions at this stage, but agreed that African workers should be given the opportunity to join in significant debate. An affiliate of CONFED, the Mine Workers' Union (MWU), attacked Mr. Nieuwoudt for participating in a meeting called by TUCSA and attended by the Confederation of Metal and Building Unions and some unregistered unions to discuss the possibility of submitting joint evidence to the Wiehahn Commission. Mr. P. J. Paulus, general secretary of the MWU, held that CONFED should submit its own evidence. He was concerned that CONFED would compromise its policies on job reservation and the protection of 3 Star,
22 September. 4 Financial Mail, 23 September. 5 Rand Daily Mail, 21 September. 1 Star, 1 April.
2 Ibid, 7 March.
288
A SURVEY OF RACE RELATIONS, 1977
white workers.' At an executive meeting in October, Mr. Wessel Bomman, newly-appointed secretary of CONFED, stated that the body would continue its efforts to achieve consensus on labour matters with other trade union groups as long as this did not clash with its basic policies.' African Trade Unions Of the 26 unregistered unions in existence at the time of writing five were affiliated to the Trade Union Advisory and Co ordinating Council (TUACC). They were the Metal and Allied Workers' Union, the National Union of Textile Workers, the Chemical Workers' Industrial Union, the Furniture and Timber Workers' Union and the Transport and General Workers' Union. 1 The seven unregistered unions affiliated to TUCSA were the Afri can Leather Workers' Union (Tvl), the African Transport Workers' Union, the African Trunk and Box Workers of SA, the SA Bank Employees' Union, the Textile Workers' Union and the Tobacco Workers' Union of African Women.I The Urban Train ing Project, which is not a co-ordinating body but a workers' education project, assisted nine unregistered trade unions. Most of the unregistered unions were regionally based, only two out of the 26, the National Union of Clothing Workers and the Black Allied Workers' Union, being national bodies. The majority of the unions were concentrated in the Transvaal and Natal. The Black Allied Workers' Union (BAWU) is a general union catering for workers in all sectors of industry and com merce and the Transport and General Workers' Union is a semi general union. The remaining 24 African unions are all industry based and operate in banking; building and construction; catering; chemicals; clothing; commerce; dry cleaning, laundry and dyeing; engineering; fresh food canning and packaging; food and beverage processing; furniture and timber; garment manufacture; glass; hotels; metal and steel; motor assembly and manufacture; paints, paper and pulp; rubber; textiles, tobacco; transport and trunk manufacture. The Black Federation In March, a meeting attended by representatives of 17 African trade unions and organised by Mr. Fred Sauls of the National Union of Motor Assembly and Rubber Workers was held to discuss the formation of a Federation of registered and unregistered trade unions. Participants in the discussion were 3 Financial Mfal, 7 October. 4 Star, 13 October. I John Lewson, "Black Trade Unions in South Africa, Their Role and Potential", Johannes burg 1976. 2 TUCSA Trade Union Directory, 1976, P. 187. 3 Ibid.
TRADE UNIONS
289
from the Durban-based Trade Union Advisory and Co-ordinating Council (TUACC), the Johannesburg Consultative Committee (CC) which represents I1 unions, the Council for the Industrial Workers of the Witwatersrand (CIWW), and Cape Town and Port Elizabeth unions. After the Consultative Committee had reversed its decision to oppose the Federation, agreement was reached to establish a feasibility committee, the task of which was to draft a constitution for the Federation. The feasibility committee repre sented all African unions except the Black Allied Workers' Union. The Cape-based Western Province Workers' Advice Bureau with drew at a later stage from the committee. Differences of opinion over essential issues prevented smooth progress in forming the Federation. From the outset the Consultative Committee opposed the inclusion of advisory bodies such as the Workers' Advice Bureau, Durban's Institute of Industrial Education or the Indus trial Aid Society in the Federation.' The Consultative Committee also saw the CIWW's move to organise chemical workers on the Rand as divisive since a SA Chemical Workers' Union (affiliated to the CC) already existed. The CIWW claimed that due to the resources there was a need for another Chemical Union's limited 2 union in the industry. In September the unions decided to delay their next meeting for seven months. In the meantime unions would concentrate on communicating at a regional level. Other Trade Union Bodies Approximately seventy registered unions were not affiliated to any body. Other smaller co-ordinating bodies were the Escom Union's Joint Committee, the Pulp and Paper Industry's Joint Committee, the Federation of Mining Unions, the South African Council of Mining Unions, the Explosives and Allied Industries' Joint Committee and the South African Federation of Leather Trade Unions. The South African Council of Transport Workers, the Confederation of Metal and Building Unions, the Co-ordin ating Council of South African Trade Unions and the Federal Consultative Council of South African Railways and Harbours Staff Association were also co-ordinating bodies. Some unions belonged to more than one body. Workers Service and Educational Organisations The Council for IndustrialWorkers of the Witwatersrand(CIWW) Formed in September 1976, the Council acts as the controlling and co-ordinating body of the Industrial Aid Society (IAS) and I Financial Mail. 2 Ibid,
8 July.
I April.
290
A SURVEY OF RACE RELATIONS, 1977
the Transvaal branch of the Metal and Allied Workers' Union (MAWU (Tvl)). The CIWW also acts as the co-ordinating body regarding international and national contact. In its report for January to June 1977, the CIWW commented that although expansion in membership had been achieved, a shortage of finances prevented the planning of long-term projects. It commented that as long as unregistered unions did not receive stop order facilities, and management resisted recognising them, they would continue to rely on subsidies from fraternal bodies. IAS The IAS is constituted of three sections: the complaints service, the legal aid clinic, and the educational service. The complaints service, which has been operating since 1974, handled about 30 to 40 new cases a week this year. The legal aid clinic ope rates every Saturday morning and operates in conjunction with the School of Law of the University of the Witwatersrand. One of the main functions of the IAS is to provide educational facilities and materials for unions. Since July, officials of the IAS have run educational classes for workers at their Benoni, Kew and Johannesburg offices. Literacy and numeracy classes for members were also regularly conducted. Publications of the IAS include: "A Numeracy Course for Adults", "The Dialogue Literacy Method", "Understanding Pay slips", booklets on sick pay and maternity benefits, leave and holiday provisions of the Industrial Council for the Iron, Steel, Engineering and Metallurgical Industry, the Unemployment In surance Fund and "How to Calculate Your Overtime Pay". Institute for IndustrialEducation(lIE) For background to the HE see the Survey of 1974. The IIE's activities are concerned with providing aid in the form of education, and typing and clerical services to the unions affiliated to the Trade Union Advisory and Co-ordinating Council (TUACQ. In the educational area workers may study by correspondence for the Diploma in Industrial Relations. Research is presently being undertaken on company ownership, comparisons between working conditions in Durban and other parts of the world in similar industries, and on minimum wage levels. The HE also runs a literacy project which was launched in mid-1976. The HE has produced six handbooks entitled "Workers' Organisations", "The History of the Worker Organisa tion", "Worker in the Factory", "Worker in Society", "Negoti ations Handbook" and "Legal Handbook". Western Province Workers' Advice Bureau See the 1974 Survey for background information on the Bureau. No new information was available for 1976/1977.
TRADE UNIONS
Urban Training Project (UTP)
For background to the UTP see the Surveys of 1974 and 1975. In 1976 the following unregistered unions were affiliated to the UTP: Members Building, Construction and Allied Workers' Union ....... 1 039 Engineering and Allied Workers' Union ............ 10655 Glass and Allied Workers' Union .................. 997 Laundry, Dry Cleaning and Dyeing Workers' Association n/a Paper, Wood and Allied Workers' Union ............ 967 SA Chemical Workers' Union .................. 671 United Auto, Rubber and Allied Workers' Union ...... 350 Sweet, Food and Allied Workers' Union ............. 2 000 Transport and Allied Workers' Union ................ 2659
The main emphasis is on education and training provided through the medium of educational seminars, trade union courses, and organisers' courses and meetings. The Institute for Industrial Relations (IIR)
In October 1976 the Institute for Industrial Relations was established. The aim of the Institute is to provide a forum where management and labour meet to exchange views on issues relevant to them both in the labour field. The Director of the Institute, Mr. D. L. van Coller, was seconded from Anglo American. As at 30 June the Institute's membership comprised three employer co ordinating bodies, two trade union co-ordinating bodies, eighteen employers, fourteen trade unions, two resource bodies and 152 individuals. During the year two seminars were held, one on the proposed amendments to the Bantu Labour Relations Regulation Act (1953) and one on Trade Unionism in South Africa. The Institute also ran various training courses during the year. A number of handbooks were prepared covering the categories of Comparative Industrial Relations, In-Company Industrial Relations and Indus trial Laws. Overseas Union Movement In January, the International Confederation of Free Trade Unions in Brussels called for an international boycott of all com munication services with South Africa. In England, postal workers were prevented from implementing the boycott by an Appeal Court order in terms of the 1953 Post Offices Act which makes it a criminal offence to detain mail or to incite others to detain it. The boycott met with little response from dockworkers in Holland and West Germany. In Geneva, the Postal, Telegraph and Telephones International which has links with three million communication workers in 84 countries appealed to member unions to cut off mail and telephone calls to South Africa. In
292
A SURVEY OF RACE RELATIONS, 1977
France, three trade unions with a total membership of four million issued a list of 50 French firms dealing with South Africa which should be boycotted. One union asked post office workers not to handle mail to and from South Africa.' West German, Irish and Scandanavian workers said that they would take part in pro tests falling short of boycotts.2 In July, Mr. Clement Montsho, secretary of the Transport and Allied Workers' Union and an assistant, Ms Martha Mgcina, attended the International Transport Workers' Federation (ITWF) Conference in Dublin. Mr. Montsho's mandate from his executive stated that he should abstain in the vote for the boycott of South Africa by the ITWF. At the jonference, Mr. Montsho stated that African unions in South Africa were democratic bodies fighting for the rights of their members and not just government stooges. The ITWF threw out a resolution presented by Mr. D. C. Benades, president of the South African Council of Transport Workers, calling for an end to international boycotts. Mr. Lewis, assistant general secretary of the ITWF said that "the ITWF has been running boycotts since 1896. Agreeing to abandon boycotts would be like a trade union signing away its right to strike". Following an approach by African unions in S.A., the ITWF opened negotia tions with international companies operating in S.A. in an effort to pressure them into recognising African unions. Mr. Lewis said that the ITWF would consider boycotting the companies if talks failed. Moreover, the ITWF would not hesitate to boycott S.A. if the SA Government took any action that warranted international protest. Mr. Lewis commented that the ITWF had promised to actively support and assist African unions in S.A. in their quest 3 for world recognition. In November 1976, the government served five-year banning orders on 26 persons throughout the country who had been in volved in organising or assisting African unions or in research on African labour.1 In March this year, the International Metal Work ers' Federation (IMF) rejected the reasons given by the Minister of Justice, Mr. J. Kruger, for the bannings and called on him to lift the banning orders. In a circular to all affiliates, the general secretary of the IMF, Mr. Herman Rebhan, recommended that protests at South African Embassies and Consulates be held against the persecution of those engaged in working with African trade unions; that appeals be sent to multinational companies in South Africa to recognise African unions and to align wages and working conditions of African and Coloured workers with those I Rand Daily Mail, 27 January. 2 Ibid. 11 January. 3 Star. 29 July. I SA Labour Bulletin, vol. 2, No. 4, p. 1.
TRADE UNIONS
of whites: and that the public and governments be informed of all measures taken in this regard. The circular also contained a copy of a letter sent to Mr. Kruger protesting against the bannings.2 In March, four representatives from the Christian Trade Union Movement (CNV) in the Netherlands visited S.A. with the Urban Training Project as their hosts. Last year the group sent a letter to the Prime Minister protesting against the bannings of trade union leaders in S.A. In its letter it called for a "strong and legally recognised trade union movement" for Africans and whites. During its visit the group interviewed business men, industrial and trade union leaders. At a press conference Mr. Hordijk, general secretary, commented that most SA employers did not recognise African trade unions because they feared that they would be handing political power to these unions. Mr. Hordjik stated that employers could play a vital role in the emancipation of African workers and could provide better housing, training and social security for them. The CNV. in September, called on the Dutch government, employers and labour unions to formulate a code of conduct for Dutch companies doing business in S.A. It suggested that the groups drafting the code hold a watching brief on its application and observance and that the Dutch Embassy in S.A. be ordered to investigate whether Dutch companies honoured the code. The CNV's council rejected calls for a trade boycott seeing it as inappropriate at the time. The council also called on Dutch com panies to recognize African trade unions including granting unions facilities and creating an "adequate complaints procedure". It re jected liaison committees as a substitute for African trade unions.' In agreement with the International Union of Food and Allied Workers' Association, trade unionists representing Unilever em ployees in Britian, the Netherlands and Germany launched a campaign to inform their members about Unilever's SA policies and to help the company's African workers in S.A. obtain union rights. A Unilever (S.A.) spokesman commented that it was the company's policy to consult with a union which had a substantial membership from amongst its employees, which the African union had not. It refused the union's officials permission to visit the factory site to recruit members and collect dues. A spokesman for Lever Brothers commented that employees at the Boksburg plant, who had freely elected a liaison committee, had rejected approaches made by the general secretary of the Sweet, Food and Allied Workers' Union.2 In an article published by the International Affairs Depart ment of the American Federation of Labour and Congress of Industrial Organisations (AFL-CIO), Mr. Jerry Funk, Deputy I
Star, 21 March. Star, 28 September. Rand Daily Marl. 21 July.
A SURVEY OF RACE RELATIONS, 1977
Executive director of AFL-CIO'S African American Labour Cen tre, commented that the AFL-CIO had been a constant and vocal critic of the apartheid system in S.A. He held that the series of riots in June 1976 was an inevitable consequence of the SA Government's official policy of bringing African workers into the white-dominated economy as a source of cheap labour while denying them even the most elementary human dignity and eco nomic justice. To achieve full participation in the fruits of the economy required the formation of fully integrated trade unions open to all workers on the basis of full equality. In a foreword to a study entitled "Black Trade Unions in South Africa: The Responsibility of British Companies", pub lished by Christian Concern in S.A., Mr. J. Jones, secretary gene ral of the UK Transport and General Workers' Union, commented that too many British companies were willing participants in apartheid policies. The study made a series of recommendations for action by foreign companies in S.A. It urged employers to use their power in the workplace to improve inter-racial co-operation.' Mr. S. P. Botha, the Minister of Labour, announcod that a special bureau was to be established, the task of which would be to prevent S.A. from being isolated by the international labour movement. The head of the bureau would be Professor N. Wie hahn.2 African Trade Union Rights The recognition of trade unions for Africans was an issue widely discussed this year. Given the present system the choices facing employers who wished to negotiate with their workers were to bargain with an unregistered trade union; to negotiate with an unregistered union's "parallel" white union where such a union exists; or to adopt the works and liaison committee system of bar gaining legislated for under the Bantu Labour Relations Regula tion Amendment Act; or any possible combination of these three alternatives. During the year a number of employers declared their willing ness to negotiate with African unions provided that they repre sented more than 50% of the workers in the factory concerned. The firms concerned were Ford Motors, Volkswagen, General Motors and Unilever.' In August, Ford agreed to allow officials of the United Auto and Rubber Workers' Union a negotiating role along with the in-plant committees operating in their fac tories. At that time, although the union had had talks with Gene 1 Star, 7 November. 2 Star. 10 November. 3 Ibid. 24 March.
TRADE UNIONS
ral Motors and Volkswagen, no agreements had been reached. A General Motors' spokesman commented that the union had not yet reached a majority membership in the factory.' Early in the year the chain store, Pick 'n Pay, which em ployed approximately 3 000 Africans, agreed to recognise the Commercial Catering and Allied Workers' Union (CCAWUSA). It now has the same negotiating and organising rights as the two registered unions: the (white) National Union of Distributive Workers and the (Coloured) National Union of Commercial and Allied Workers. Raymond Ackerman, the Managing Director of Pick 'n Pay, stated that he would have preferred one non-racial union but that this was not permitted by the government. 1 During the year, members of the liaison committee at Zin chem, a Reef-based subsidiary of Zimro, which is owned by Anglo American, approached the Metal and Allied Workers' Union (MAWU) to help them discuss a number of grievances with the Zinchem management. Informal discussions were subsequently held between officials of MAWU and the firm. On the point of negotiating with the union Mr. Buchanan, the managing director of the company, stated that Zinchem wanted to retain its liaison committee but that that did not preclude a relationship with the union. He commented that simple housekeeping matters such as canteen facilities would be liaison committee issues while broader problems, such as pay scales, would be a union matter. Between 50 and 60 workers of the 250 Africans at the plant were members of the union. Some of them were also liaison committee members.2
A setback in the recognition of trade unions for Africans was suffered when the firm Smith and Nephew refused to renew its agreement with the unregistered National Union of Textile Workers (NUTW). The agreement was signed three years ago and was the first negotiated by any company with an African trade union. In place of the agreement Smith and Nephew offered to negotiate a binding agreement with a works or liaison com mittee and to improve benefits, such as housing. A meeting was held by the firm's workers to protest against the measure. A number of reasons for Smith and Nephew's change of heart were suggested. Obed Zuma, NUTW's secretary, said that Smith and Nephew's explanation was that a third party interfered with direct negotiations with the workers and that the law prevented the firm from recognising African unions. Smith and Nephew's management had apparently disclosed that they were under government pressure to rescind their agreement with the union.3 After continued failure to persuade the shop stewards' 4 1 2 3
Financial Mail. 26 August. Financial Mail, 4 March. Ibid. September, 1977.
Sunday Tribune, 24 July.
296
A SURVEY OF RACE RELATIONS, 1977
committee in the factory to set up works councils the company established an advisory group comprising four shop stewards and six managers, to discuss a draft works council constitution. Both meetings held by the advisory group ended in deadlock. Shop stewards were uphappy about the management's attempt to bypass worker representatives in setting up the group. Obed Zuma com mented that there had been an increase in membership subsequent to the confrontation and stated "worker spirit is high and even workers who were neutral before say they won't accept anything less than union recognition".' During elections for the works council about two thirds of the ballots cast by African workers were either spoilt or left blank. The rest voted for the six candi dates nominated for the council. Union shop stewards refused to stand for the council when approached by management, as they felt this would be acting counter to the workers' wishes. Thirty two percent of the Indian workers, including many clerical and supervisory staff, also spoilt their papers. Many papers from both groups had slogans demanding union rights written across them. Of the white 2 workers who voted only a minute percentage cast blank papers. African Bus Services, a subsidiary of the U.K.'s United Trans port Holdings, refused to recognize the unregistered Transport and Allied Worker's Union (TAWU) even though it had an approxi mate 75% membership amongst the company's workers. The firm's works committee's request for recognition of the union was ignored. Mr. 0. Goosen, a company executive, commented that African Bus would not recognize the union as it had a satisfac tory relationship with the works committee. Mr. Montsho, general secretary of the union, was detained by the police in October at Rustenburg Bus, another United Transport Holding's subsidiary. He was questioned and his union membership lists were confi scated.' Dr. E. Drummond, director of SEIFSA stated at a symposium in Salisbury on "A strategy for Change" that employers should recognize the right of all people to work, the right to freedom of association, the right to organize into lawful trade or labour unions, the right to withhold labour where necessary, the right to receive equal remuneration for work of equal value, and should abolish all discriminatory practices in the work situation.' Labour Relations The climate surrounding labour matters was one of expec tancy, confusion and anticipation of change due, in part, to the amendments to the Bantu Labour Relations Regulation Act pre I Financial
Mail, 23 September.
2 Sunday Tribune, 20 November 3 bid,
14 October.
4 Star, 9 November.
TRADE UNIONS
sented this session, and to the appointment of a Commission of Enquiry into labour matters. The four main alternative systems of labour relations around which discussions centred were: the recognition of African trade unions and their inclusion under the provisions of the Industrial Conciliation Act; a system whereby trade unions for Africans, whites, Coloured and Asians would operate in conjunction with "in-plant" committees, also repre senting all races; the formation of a stronger in-plant system for Africans with no change in the bargaining system for whites, Coloured and Asians, and the acceptance of the present system of works and liaison committees for Africans and of recognized trade unions for whites, Coloured and Asians. At a conference on collective bargaining organized by the University of Cape Town's Business School early in the year, Mr. Grobbelaar called for the recognition of African trade unions and their "induction" under TUSCA. At the same conference, Mr. Mann of Anglo American also called for the recognition of Afri can trade unions warning that a refusal to do so would leave the field open for political agitators. Mr. Mann added that where undue restrictions were placed on workers' rights to negotiate their conditions of service then the machinery is unlikely to be effective whether it is designated a trade union, works committee or a liaison committee. At the Midlands Chamber of Industries' annual meeting, Professor Wiehahn, chairman of the Commission of Enquiry into labour legislation and related matters, called for African workers to be trained in trade unionism, and expressed the unsupported view that unless this happened hostile elements trained abroad could take over the reins of worker organizations in S.A. The country needed properly formed workers' organisations in factories and other establishments so that a dynamic new labour relations "culture" could be developed.1 In September, a visiting Stanford Law School Professor, Mr. William Gould, commented that Africans needed to develop their own industry-wide trade unions which would become vehicles for change. He described the government's works and liaison com mittee system as a "cruel hoax" because the employer and the em ployees could not bargain as equals.1 He intended urging trade unions in the United States to boycott goods produced by com panies which refused to bargain with representative African unions in S.A. He held that the SA government had systematically wiped out African union leadership through bannings, and that there was no adequate protection against victimisation for workers in the country.' At the UCT-organised conference mentioned earlier, Mr. Kee nan-Smith, Group Personnel Manager for Bruynzeel Plywoods, I Rand DaY
MaL 22 ly. I Rand Daily Mail, 3 September. 2 Star, 7 September.
298
A SURVEY OF RACE RELATIONS, 1977
stated that trade unions should work in a complementary rela tionship with in-house committees. In-house bodies could deal with matters essential to improving labour-management relations on a day-to-day basis while industry-wide unions would negotiate global and minimum conditions of employment such as wage rates, overtime and normal hours of work, vacation leave, sick leave and overtime and bonus payments and other matters. Mr. Keenan Smith commented that management tended to be fearful of African unions, basing their fear on assumptions that Africans were not ready for unionisation, that the leadership would be too egocentric, that African unions would be vulnerable to take-over by external political forces, that they could be used for destructive economic bargaining purposes, and that dialogue with African unions would attract unfavourable attention from the government. In the October issue of Optima, Dr. Zac de Beer, executive director of Anglo American Corporation, commented that it was unwise and self defeating to deny workers the ultimate right to form the organi sations they wanted. Dr. de Beer envisaged a two-tier system with enterprise-level committees as complementary to (and in no sense competitive with) any unions which might develop. He commented that factory-level committees or work councils should be elected by all the workers in the factory regardless of whether any or all of them belonged to trade unions. Anglo American preferred industrial unions to craft unions and unions based on ethnic loyalties. He stated that "in the long run" developing separate unions might be almost as dangerous as denying them any bar gaining rights at all. He recognised that change could only be realized by action on the shop floor between white and black employees. Professors S. M. Swart, J.Piron and W. Bendix of the Insti tute of Labour Relations of the University of S.A. commented that in their evidence to the Wiehahn Commission they would call for the abolition of discrimination in the labour field, including the abolition of job reservation; the recognition of the basic rights of workers to associate, bargain, withhold labour, be protected and trained; the prohibition of closed shop agreements; an inte grated social security system including medical schemes, unem ployment insurance, pension funds, co-ordinated training in indus trial relations for all races; anti-victimisation measures providing for a full year's wages to a worker dismissed for exercising his right to associate in a committee or trade union; and statutory minimum standards on issues such as hours of work. They stated that workers should be free to have trade unions of their choice, multi-racial or otherwise, and that there should be one labour relations act covering all workers. All trade unions in a particular industry would appoint representatives to an industry union to 3 Finanda MaUl,
21 October.
LABOUR RELATIONS
299
meet employer organisations on an industrial council for the industry. These councils would formulate minimum wages and conditions of employment. All trade unions in an industry union would have to be registered, and minority rights would have to be protected in multi-racial unions. Unions would not be allowed political affiliations. Plant-committee representatives would be elected by workers irrespective of race, sex, religion or type of work performed. These committees would have no official con nection with trade unions. They would negotiate wages and working conditions to improve on those negotiated on industrial councils. All agreements at plant and industry level would have force of law. Non-compliance would be a criminal offence. The existence of an industry agreement would not preclude a lawful strike at plant level. A federation of industry unions would join employer and government representatives in a National Labour Council to advise the government and lay down minimum wages for unorganised sectors such as agriculture and domestic service.' The idea of strengthened factory-level unions as opposed to the recognition of trade unions for Africans found acceptance amongst certain employers. In supporting the idea Mr. Basil Hersov, managing director of Anglo Vaal and president of the South Africa Foundation, commented "unions can bring an entire industry to a halt because of a local dispute. Plant-based organisations wouldn't". The Bantu Labour Relations Regulation Amendment Act The Bantu Labour Relations Regulations Act (1953) was amended this year. The main thrust of the Amendment Act is to extend the committee system by allowing for the establishment of liaison committees in respect of any section of an establishment and for more than one establishment of an employer in the same trade. Previously, only one liaison committee could be established in respect of one establishment. Half the members of the co ordinating liaison committee are to be elected by the employees concerned from the elected members of the liaison committees and other half to be nominated by the employers. The Amendment Act also confers on the various committees the power to nego tiate wage agreements and other conditions of employment. A coordinating works committee is granted this power if no co ordinating liaison committee exists, a works committee may negotiate where no liaison committee exists and a liaison com mittee may do so where no coordinating liaison committee exists. Where the alternative body exists the committee in question may make recommendations to that body whose task it is to negotiate with the employer. These agreements, which must be openly dis played in the firm, may not be less favourable than any other 1
Star. 9 November.
300
A SURVEY OF RACE RELATIONS, 1977
existing statutory measures. The agreements are binding on the employer, but breaking them does not constitute a criminal offence and only a civil suit against the offending party may be instigated. The Amendment Act also extends the provisions of the 'secrecy' clause, which previously applied only to Bantu Labour Officers to members of the works and liaison committees. It is now an offence for any member so defined to divulge any information relating to any person, firm or business acquired in the course of performing his duties under the Act. Certain of the amendments affect the regulations concerning disputes. It now falls on the employer to notify the Inspector of Labour wherever a labour dispute occurs. Previously this onus fell on the Inspector alone. All disputes concerning wages and other conditions of work in essential industries are now referred to the Wage Board by the Minister. Previously the referral was dependent on a recommendation by the Central Bantu Labour Board. According to the Amendment Act, Wage Board dispute orders may now be made for an indefinite period and may be amended whereas previously they could only be cancelled or suspended. The Act also makes provision for Africans to become members of the Central Bantu Labour Board. They may be appointed as labour officers and assistant labour officers. Furthermore the Wage Board may provide for a body to admin ister orders, the members of which may include Africans. Criticism of the Amendment Act was widespread. Mr. Grobbelaar said that it discriminated against Africans in setting up an inferior system of bargaining for them and in denying them the right to establish officially recognized trade unions. He commented that the Amendment Act must be con demned on these grounds even though it gave African workers negotiating rights. Mrs. Jane Hlongwane of the Engineering and Allied Workers' Union opposed the Amendment Act as it per petuated a system in which workers felt constrained in bargaining with employers. It was also felt that the negotiating power granted to the committees was undermined by the fact that the breaking of the agreement resulting from negotiations would not constitute a criminal offence. Only civil proceedings for breach of contract would be instituted. These agreements thus lack the force of Industrial Council Agreements. The Amendment Act, moreover, omits to make provision for industry-wide bargaining and critics envisaged a confusing number of wage agreements springing up in one industry as a result. Criticism was also levelled at the 'secrecy' clause. Its terms now prevent workers on committees from seeking outside advice on, for example, wage levels being offered during wage negotiations, as this would involve revealing
LABOUR RELATIONS
information discussed during negotiations. Some trade unions also saw this as weakening their communication links with committees in factories. Mr. Keenan-Smith, at the UCT seminar mentioned earlier, summarised the shortcomings of the works and liaison commit tee system. He stated that representatives found that they faced their own employer in negotiations; they had no financial independence outside the employer's payroll; they had feelings of inadequacy and a patent lack of negotiating skills; they had real or imagined fears of job security and victimisation, and they had difficulty in resuming normal employer/employee relations after a strenuous negotiating session. The Council of Industrial Workers of the Witwatersrand (CIWW) commented that the liaison committee system was in practice inadequate and un representative of workers in all factories where it had operated. Worker members of the committees were aware of their dependent position in the firm and in practice were unable to oppose realistically the demands of management. As a result the liaison committees were one-way channels of communication with no real negotiating power. They were dependent on the whim of paternalistic management to be able to discuss any grievances meaningfully. The victimisation clause in the Act was widely criticised for failing to offer adequate protection to workers who sit on committees. The weakness of this clause was borne out by the number of victimisation cases this year where workers claimed they were being dismissed for sitting on committees and not for the ostensible reasons given by the employers. A study of African unions' found that the most frequent complaints which African workers took to their unions were about unfair dismissals. In a memorandum to the Wiehahn Commission, eleven trade unions stated that the works and liaison committee system con tained structural weaknesses and was used as a means to deny trade union rights to workers. It held that for employees bargaining strength of necessity requires access to independent resources, information and personnel, and that an independent democratic trade union movement is the only effective way of meeting these requirements. Furthermore, management uses the committee system to avoid or weaken union involvement in a firm. The memorandum also held that there is victimisation or intimidation of active committee members by supervisory staff, and that there are often explicit or implicit rewards for docile committee members. Furthermore, committee members are not given enough time to report back to the workers, they are not trained in reporting back and often they do not feel responsible to their workers.2 I J. Lewsen, op. dt. 2 Sunday Tribune, 20 November.
302
A SURVEY OF RACE RELATIONS, 1977
The Minister of Labour said that 164 disputes were dealt with by Bantu Labour Officers in terms of the Act in 1976. Neither the Central Bantu Labour Board nor the Wage Board dealt with any disputes. 3 The table below summarises the position with regard to the number of works and liaison committees in existence as at December 31 for the years 1973 to 1976. As at 311 December 1973 1974 1975
1976 1977
Works Committees 125 207 287
299 301
Liaison Committees 773 1482 2042
2382 2503
No. of Workers 312541 521624 617597 -2 -3
Co-ordinating Works Committees 3 4 5
8
Industrial Conciliation Bill An Amendment to the Industrial Conciliation Act was tabled this year. The main amendment gave the Minister the power to declare any industry or service or business activity an "essential service in the national interest". Previously this could only be done with regard to (i) the supply, distribution, process ing, canning or preserving of any perishable foodstuffs; (ii) the supply or distribution of petrol or other fuels for use by local authorities or other employers. The latter category was extended to include the 'mining' and 'processing' of petrol. Once an industry is declared an "essential service" strikes or lockouts are forbidden and the issue is settled by the industrial tribunal or an arbitrator appointed by the two parties. It was felt that the Act was prompted by the threat of a strike raised by the dispute in the mining industry over the five day week.' Discussion on the Amendment was postponed in Parliament and the Bill was not passed as an Act. Commission of Enquiry into Labour Legislation and Other Related Matters During the labour vote in Parliament, the Minister of Labour, Mr. S. P. Botha, announced the appointment of a Commission of Enquiry to investigate the country's labour legis lation. The Commission comprised the following members: Pro fessor N. Wiehahn (Chairman); Mr Arthur Grobbelaar, general secretary of TUCSA; Mr. A. Nieuwoudt, president of the Con federation of Labour; Dr. E. P. Drummond, director of the Steel and Engineering Industries Federation (SEIFSA); Mr. B. 3 Hansard 4, col. 660. I Estimates for the years 1973, 1974, 1975 are quoted in the thesis by J. Lewsen, op. cit., Appendix F, p. 78. The figures for 1976 were taken from Hansard 3, col. 179. Those for
1977 were issued by the Department of Labour in a press release, August 1977. 2 Figures for employees for 1976 were not available at the time of writing. 3 Figures not available at time of writing. I Star, 30 March.
LABOUR RELATIONS
Mokoatle, lecturer at the School of Business Leadership, UNISA; Mr. Richard Sutton of the Associated Chambers of Commerce (ASSOCOM); Mr. N. J. Hechter, of the Department of Labour; Professor P. J. van der Merwe, Professor of Economics at Pretoria University; Mr. G. Munsook, an executive committee member of the South African Indian Council; Mr. C. du Toit of the Federated Chamber of Industries; Mr. C. Grobler of the Railways Artisan Staff Association; Mr. T. Neethling of the Confederation of Metal and Building Unions; Mr. C. Botha of the National Union of Furniture and Allied Workers, and Mr. T. I. Steenkamp of General Mining and Finance Corporation. The Commission was instructed to make investigations into the Industrial Con ciliation Act of 1956, the Bantu Labour Relations Regulation Act of 1953, the Wage Act of 1957, the Factories, Machinery and Building Works Act of 1941, the Shops and Offices Act of 1964, the Apprenticeship Act of 1944, the Training of Artisans Act of 1951, the Bantu Building Workers Act of 1951, the Electrical Wiremen and Contractor's Act of 1939, the Workmen's Compensation Act of 1941, the Unemployment Insurance Act of 1966 and the Registration of Employment Act of 1945. The investigations were to be made with reference to: " the adjusting of the existing syste mfor the regulation of labour relations in South Africa with the object of making it provide more effectively for the needs of S.A.'s changing times; " the adjustment, if necessary, of the existing machinery for the prevention and settlement of disputes which changing needs may require; " the elimination of bottle necks and other problems which are at present being experienced within the entire sphere of labour; and " the methods and means by which a foundation for the creation and expansion of sound labour relations may be laid for the future of S.A. As a result of representations to the Commission from the Chamber of Mines its brief was widened to include an in vestigation into the Mines and Works Act of 1956. Professor Wiehahn announced that the Commission had set the following four main priorities for its work: the handling of disputes, including the possibility of establishing labour courts and extend ing the work of Industrial Tribunals; training both for trade unions and work; employment opportunities; and the mobility of labour, including the availability of and restrictions on labour and the question of decentralisation. In general the appointment of the Commission was welcomed by the Opposition, trade union leaders and leaders in industry. One criticism levelled against the committee was that it excluded representatives from the African unregistered trade union move-
A SURVEY OF RACE RELATIONS, 1977
ment. The co-conveners of the Women's Legal Status Committee criticised the Minister of Labour for excluding women from the committee. They asked the Commission to investigate the position of working women and to recommend the elimination of dis crimination against women in wages, benefits, training and employment opportunities.' Subsequently, the Commission ap pointed a study group on women in employment to investigate all aspects of women's role in the economy.2 Professor Wiehahn, in delivering his inaugural lecture as Professor Extraordinary at UNISA, remarked in a personal capacity that dualism and paternalism in labour matters required investigation with a view to their elimination. He said that the Commission of Enquiry heralded a last post to the first century in labour relations in S.A.' Professor Wiehahn listed six basic rights for all workers: the right to work, to associate, to bargain collectively with employers, to withhold labour, to training, and to protection.' At the 21st National Convention of the Institute of Personnel Management, he indicated his support for the establishment of a labour court and for legislation to provide for organised labour to be trained in negotiating and bargaining, and industrial relations practices.2 He said that the movement away from discrimination in labour matters should be done slowly. This change, however, should not lead to a situation where minority groups were outbargained by majority groups.3 In an address to the Cape Chamber of Industries in Septem ber, Professor Wiehahn commented that "realities lie beyond the spectrum of colour in S.A." The onus to move away from discrimination rested with the business community as well as with the government. He accused many employers of sheltering behind imaginary government directives, White Paper and policy statements in an effort to maintain discrimination.4 In September, a meeting was held by the leading SA labour factions to discuss evidence to the Wiehahn Commission. Attend ing the meeting were the multi-racial Trade Union Council of S.A., the all-white Confederation of Labour, the Confederation of Metal and Building Unions, the Federal Consultative Council of Railway Staff Associations, the Federation of Salaried Staff Associations and the SA Coordinating Council of the International Metal Workers' Federation. The press was not admitted, to mini mize constraints in discussion. Mr Grobbelaar said that attempts would be made to gain consensus on some of the more important issues. 5 I Rand Daily Mail, 9 August.
2 Star, 3 Ibid. 1 Rand 2 Star, 3 Star, 4 lbid, 5 Ibid,
28 October. 15 July Daily Mail, 16 July. 10 September. 9 September. 16 September. 2 September.
LABOUR RELATIONS
305
Commission of Enquiry into Legislation Affecting the Utilisation of Manpower On 18 August the Prime Minister appointed a second Com mission of Enquiry into Labour matters to cover omissions from the terms of reference of the Wiehahn Commission, which only dealt with legislation administered by the Minister of Mines and Labour. The Chairman and sole member of the Commission was Dr P. Riekert, economic advisor to the Prime Minister.' The purpose of the Commission was to enquire into, report on and make recommendations in connection with the following legislation and related regulations and administrative practices: the Bantu Trust and Land Act of 1936; the Bantu (Urban Areas) Consolidation Act of 1945; the Bantu Labour Act of 1964; the Group Areas Act of 1966; the Environment Planning Act of 1967; the Bantu Affairs Administration Act of 1971; the Bantu Employees In-Service Training Act of 1976; the Community Council Act of 1977; and all other Acts excluding those admin istered by the Department of Labour and Mines, as well as ordinances of provincial administrations and by-laws of local authorities, as they related directly or indirectly to the economic aspect of the utilisation of manpower.' The Commission was expected to report as soon as possible, no exact date being set. The Commission's appointment was welcomed by leaders in industry. The president of the Associated Chambers of Com merce, Mr. S. 0. Goodwin, welcomed the new Commission as "a very positive step forward." 3 Mr. Jack Holloway, president of the Transvaal Chamber of Industries, commented that the appointment of a one-man commission indicated the desire for quick action on the policy issues involved. 4 Strikes and Work Stoppages The Minister of Labour stated in Parliament that there were 194 unlawful strikes in 1974, 123 in 1975 and 113 in 1976 involving 38 961, 12451 and 16 170 persons respectively. The Minister stated that there were no lawful strikes for those years. His statement perhaps illustrates the ambiguity surround ing the legality of strikes, as the Armour-plate Glass strike in 1976 went through all the procedural requirements for a legal strike. Of the 105 strikes involving African workers in 1976, 69 were concerned with wage demands. (The comparable figures for 1975 were 119, and 87). Twenty-four of these strikes occurred in 1 Rand Daily Mail, 19 August.
2 Government Gazette No. 5720, No. R1673, 26 August 1977. 3 Star, 11 September. 4 Star, 19 August.
306
A SURVEY OF RACE RELATIONS, 1977
undertakings in which liaison committees had been established and two where works committees were in operation.' Police intervention was sought in respect of 60 strikes in 1976. Of these, charges were laid against 521 African males and 21 African females for striking illegally; one African female and 19 African males for incitement to take part in a strike; three African males and two African females for intimidation of employees; and 51 African males for disturbance of the peace on mine property.' The Minister of Labour estimated that the total number of manhours lost per group for 1976 was as follows: Whites Coloured Asiatics
No. of persons on strike 60 290 97
Africans
15725
No. of manhours lost 460 643 650
130675
In 1973 the manhours lost as a result of strikes by African workers were 1 517 000.1 In January, 1 000 African miners at the Kroondal Chrome Mine near Rustenberg struck because of delays in pay increases owed to miners with more than six month's service. The strike ended after 30 hours when the mine management undertook to investigate this and other complaints. A demand for overall increases by the whole workforce was rejected. The mine is run by Marble Lime and Associated Industries.' On 1 June 3 600 workers at the Cornelia Colliery near Vereeniging struck as a result of a pay dispute between workers and mine management. Police reinforcements were called in from Welkom to stand by at the mine. Hundreds of miners tried to prevent fellow miners from working. The striking miners also burned and looted the beerhall at Zandfontein hostel leading to arrests by the police. The unrest spread to the main hostel, Bertha One, about one kilometre away. After a day of negotiations 2 800 miners agreed to return to work. About 800 refused. Police reinforcements arrived to protect those who wished to continue working, and the remainder were driven back to the homelands in buses.2 The same procedure was applied at Bertha One. In June, miners from the Driefontein mines on the West Rand alleged that they were forced underground by police dogs on their Saturday off. The miners held that the mine management broke the agreement obtaining since 2 April for an 11-shift fortnight, giving the miners every second Saturday off. 1 Hansard 4, col. 660. 2 3
Ibid 7. col. 600. Ibid 1, col. 12.
1 Rand Daily Mail, 26 January. 2 Ibtd, 3 June.
STRIKES
When the men refused to go underground on the Saturday evening dogs were brought in. White supervisors were angered by the move claiming that African teams, who worked exclusively for one supervisor resented being split up and made to work for another when their own had the day off. A spokesman for Goldfields, the company which owned the 3mines, claimed that the men had volunteered to do the extra shift. In March an estimated 46 men went on strike at the Transvaal Wholesale Meat Supply in Johannesburg over alleged wage reductions. The workers claimed they were made to work more than five hours overtime a day with a weekly total of 77 hours or more although the law stipulates a 46-hour week with a maximum of 10 hours overtime; they were not paid for more than 14 to 15 hours overtime a week, while the exact number of hours was not stated on their pay packets which is itself an offence. About a quarter of the workforce was not registered with the Bantu Affairs Commissioner, nor with the Unemploy ment Insurance Benefit Fund. The men were ordered off the premises by the managing director, Mr. S. Katz, who revoked an offer of R26 a week by the manager which the workers had accepted. He offered them a basic wage of R22 instead. In April, the workers filed affidavits with the Department of Labour after receiving legal aid from the Industrial Aid Society.I Fifty-five workers engaged in building the Empangeni hospital went on strike for higher wages in April. They refused to work unless their wages were increased from 33 to 40 cents an hour.' Two thousand workers in Pretoria's City Cleansing Depart ment downed tools because the City Council had decided to pay them on a monthly instead of a weekly basis. Police, some armed with machine carbines, automatic carbines and with dogs, stood by. A municipal spokesman claimed that the confusion arose because the men were not being paid at the end of each calendar month but were receiving their pay later in the following month. In May, thirty labourers of the Witbank Coal Agency (Pty) were fined R100 or three months each and received 6-month jail sentences suspended for three years for refusing to work because of a pay dispute. The workers took off the April lth public holiday in 1976 when they were supposed to have worked, stated Mr. H. Marks, director of the firm, when giving evidence. When a day's wages were deducted from their pay at the end of the week the employees demanded to be paid for April l1th. They were given ten minutes to return to work, but refused. The police were called in and the men were arrested. They all pleaded guilty in court.' 3 Sunday Tribune, 26 lune. 1 Ibid, 20 April. 2 Rand Daily Mail, 7 April. 1 Ibid, 15 May.
A SURVEY OF RACE RELATIONS, 1977
In August, 186 workers at the Scottford Mills in Ladysmith appeared in court for allegedly refusing to work after a wage dispute. They were charged under the Bantu Labour Relations Regulation Act. The prosecutor requested the case be remanded until a later date so that further investigations could be under taken. Mr Randelhoff, the magistrate, turned down a plea for bail.' Mr Justice Trengove, in October, upheld the appeal of twenty-seven members of the Glass and Allied Workers' Union against a conviction under the Riotous Assemblies Act. Last year a Springs magistrate convicted the men for holding an illegal demonstration outside the factory gates during the 9-week legal strike by workers of Pilkington's Armourplate Safety Glass firm. In upholding the appeal, the judge stated that the accused had not been given a fair trial. The judge found that some of the accused had not been given an opportunity to cross-examine Lieutenant Kruger, the sole State witness; that the magistrate "did not approach evidence with an open mind"; and that in one instance the magistrate had "erred in interposing his own view" and did not give Kruger the opportunity to reply to a question himself. The Supreme Court decision was thus based on points of procedure. On 30 November 600 Coloured workers at the Sasol 2 site refused to work due to a number of grievances. One was that they were transported to work in open trucks in rainy conditions. Other complaints included dissatisfaction with the food; over crowded dormitories with six men to a room of about 31 m square; flooding showers and blocked toilets; and with a notice dated 13 September posted outside the White toilets stating that any Coloured personnel using those toilets were subject to instant dismissal.' WORKMEN'S COMPENSATION
The Minister of Labour said in Parliament that 220 656 industrial accidents occurred in the year ending 31 December 1976. An amount of R27 198 984,81 was paid out in respect of these accidents. The balance in the accident fund at the close of the financial year 1975 to 1976 was R47 881 778. (Statutory reserve fund plus cash in hand.) The total income from assess ments amounted to R37 513 666 during that year.4 The Workmen's Compensation Act of 1941 was amended in Parliament this year. The Amendment raises the maximum earnings limit, which defines a person's eligibility for the benefits 1 Ibid, 17 Augmt. 2 Financial Mail. 7 October. 3 Star, 30 November. 4 Ibid., col. 181.
309
TAX
under the Act, from R7 260 per year to R9 600 per year. This applies equally to all racial groups. In terms of the Amendment, compensation for Africans for burial expenses is now R150, the same as that for the other racial groups, as opposed to the previous amount of R75. Consequently all clauses in the Act relat ing to compensation payable to Africans which contain an amount for burial expenses, were amended. Separate sections within the Act dealing with compensation payable to Africans for temporary total, temporary partial and permanent disablement have been deleted. Under the Amendment all race groups fall under the same sections for disablements. These have also been amended to in crease the maximum compensation payable to an injured worker from R247 to R400 per month. The actual amount is calculated at 75% of the monthly earnings. The Amendment also raises the limit of the total maximum pension payable to children of a de ceased worker where there is no other parent from R1 500 to R2 500. The lump sum payable to an African family on the death of the breadwinner has also been raised from RI 500 to R2 500. TAX
The Minister of Bantu Administration and Development gave the following figures in respect of taxes collected from Africans in terms of the Bantu Taxation Act for the 1974/75 and 1975/76 financial years:' 1974-75
R35 924 547
1975-76 R49 749 742 Of the R49749742, R39 741 804 was collected from tax based on income and RIO 007 938 from fixed tax. An additional 2 R70 750 was collected from hospital levies. Fixed tax for 1974/75 was R7 615 929, and hospital levies R62 033.1 For the year 1975/76 a total of 97 040 persons was registered in terms of section 30 of the Bantu Taxation Act. The total amount paid in by employers under PAYE in respect of tax for Africans was R38 499 271. 4 The following table,' supplied by the Minister of Finance, gives a breakdown of the percentage of individual taxpayers in each income category for whites, Coloured and Asians as at 28 February 1977: 1 Hansard
3, col. 260.
2 Hansard 8, col. 676. 3 Hansard 6, col. 553. 4 Hansard 13, col. 930.
S Hansard 16, col. 1114.
310
A SURVEY OF RACE RELATIONS, 1977 Income Category
Loss ... ... 1999... ... ... 1000- 1999 ... ... ... 2000- 2999... ... ... 3000- 3999... ... ... 4000- 4999 ... ... ... 5000- 5999... ...... 6000- 6999 ... ... ... 7000- 7999... ... ... 8000- 8999.. ... ... 9000- 9999 ... ... ... 10000- 11999 ... ... ... 12000- 13999 ... ... ... 14000- 15999 ... ... ... 16000- 17999 ... ... ... 18000- 19999 ... ... ... 20000- 29999 ... ... ... 30000- 39999 ... ... ... 40000- 49999 ... ... ... 50000- 79999 ... ...... 80000- 99999 ... ...... 100000-149 999 ... ... ... 150000 and over ... ...
(a) White 98,28 69,36 56,58 71,31 80,82 89,27 94,15 96,79 97,84 98,40 98,56 98,61 98,34 98,16 97,95 97,93 98,14 99,14 99,53 99,62 99,44 100,00 100,00
(b)
(c)
Coloured
Asian
0,78
0,94 9,22 13,35 10,14 7,32
21,42
30,07 18,55 11,86 6,75 3,65 1,83 1,08 0,68 0,45 0,33 0,25
0,20 0,22 0,12 0,16
0,02
3,98 2,20 1,38 1,08 0,92 0,99
1,06 1,41 1,64 1,83 1,95 1,70 0,84 0,47 0,38 0,56
THE AFRICAN HOMELANDS GENERAL POLITICAL STATUS
Transkei was granted independence on 26 October 1976 and BophuthaTswana became an independent state on 6 December 1977. All other homelands, with the exception of those for the Swazi and Ndebele groups, have self-governing status. The Swazi homeland entered the first stage of self-government when a Legis lative Assembly was established on 1 October 1977. A Territorial Authority for the Ndebele was established in October 1977. POPULATION OF THE HOMELANDS
The following population figures are projections for 1976 provided by Benbo. 1 These projections are based on a population growth rate of 2,74% and resettlement figures; border changes have not been taken into account. African
De Facto
De Jure
Population
Population
4000 20300 4200 600 10200 3400
1158 200 2411 100 478 800 333600 2701400 1387500
2 103 000 4250200 871 800 814000 5029000 2234000
90200
300
90500
1 698000
208000 338 700
600 600
208600 339 300
590000 449 000
BophuthaTswana ... 1154200 Transkei ...... 2390800 Ciskei .......... 474 600 Gazankulu ...... 333000 KwaZulu ...... 2691200 Lebowa ......... 1384100
QwaQwa ......... South Ndebele2
Swazi Venda
.......... .........
...
-
Other
-
AREA AND CONSOLIDATION
In the Assembly on 9 March 3 the Minister of Bantu Admin istration and Development gave the total areas of the homelands as at 31 December 1976. Areas envisaged after the completion of consolidation are quoted from a report published by Benbo in 1976.' I Bureau
for Economic Research re Bantu Development.
2 Not available. 3 Hansard 7 cols. 596-7. 4 Black Development in South Africa, page 23 Table 3.4.
A SURVEY OF RACE RELATIONS, 1977
BophuthaTswana Transkei ...... Ciskei ... ... Gazankulu ... KwaZulu ...... Lebowa ...... QwaQwa ......
* * * * .
South Ndebele ...
Swazi .... ... ... Venda ... ... ...
*
19765 3800000 4100000 533000 675000 3100000 2200000 48000 75000 370000 650 000
Hectares After Consolidation 4043000 4501 000 770000 741000 3239000 2518000 62000 73000 391000 668 000
15551000
17006000
According to the annual report of the Department of Bantu Administration and Development for the year ended 31 March 1976.6 attention was being given to expediting the consolidation process following approval of the final consolidation plans. The current financial situation would, however, affect this process. These plans do not consolidate the homelands into single entities, and the final position envisaged is as follows:'
BophuthaTswana Transkei Ciskei ... ... Gazankulu KwaZulu
No. of non-contiguous areas * 6 ** 31 3 * 10
No. of non-con
tiguous areas Lebowa ......
... QwaQwa South Ndebele Swazi ... ... Venda ......
6
..
2 1 3
These proposals have aroused some controversy in Nationa list circles. The chairman of the Bantu Investment Corporation, Dr. S. P. du Toit Viljoen, addressing a conference on the devel opment of the homelands, said:9 "You cannot have a viable home land that consists of isolated bits." He stated that homeland boundaries should make the homelands historically relevant, poli tically significant and economically viable, whereas in fact they had been drawn simply to exclude as many whites as possible. Dr. Viljoen suggested that whites living within homeland bounda ries should not have their properties expropriated, but should be allowed to remain and contribute towards the economic develop "ment of the homelands. Government spokesmen at the Transvaal National Party Con gress rejected proposals for consolidation put forward by the Con tinuation Committee, a group of about 1 200 academics who have 5 Where
figures quoted are less than the 1973 figures given in last year's Survey, this is probably due to the fact that areas have been excised and not yet comPensated for. 6 RP 28-1977.
7 See 1975 Survey, pages 115 et seq. s Hansard 17 col. 1196.
9 Rand Daily Mail, 6 May.
313
AREA AND CONSOLIDATION
pledged their support for the' policy of separate development. These plans included the drastic revision of existing boundaries, with white-owned land, decentralised growth points and urban development centres being incorporated into the homeland with out first being bought by the Government. Debate on the matter was heated, as some delegates pleaded for a new approach to consolidation, and others rejected any departure from the present plan. Professor J. P. De Lange, chairman of the Continuation Committee, said they would continue to work on consolidation formulae which would make the homelands viable and the policy more workable.'" It was reported in the Star of 12 October that another pro posal for consolidation was put forward by Dr. K. Bruinette at the Free State Conference of the SA Bureau of Racial Affairs. This would involve the consolidation of the homelands into four blocks, comprising (i) Transkei, Ciskei, Thaba'Nchu and QwaQwa, (ii) KwaZulu and KaNgwane (Swazi), (iii) Gazankulu, Lebowa, Venda and Ndebele, and (iv) BophuthaTswana. Boundaries would be drawn so as to include 4% more of the area of SA and bring 45% of all job opportunities in SA within daily commuting distance of the homelands. Dr. J. H. Moolman, director of the Africa Institute and a member of the Tomlinson Commission, said in an article pub lished in the December issue of the S.A. Journal of African Affairs, that he foresaw further consolidation of the Home lands. He also said, referring to the Commission, that there had been too much ideological stress on separation, and that the system of separate development provided only a partial solution as it did not accommodate the urban African sufficiently. ACQUISITION OF LAND
The Minister gave information in the Assembly" about the extent of quota" land acquired by the S.A. Bantu Trust as at 31 December 1976 and the area of land which still remained to be acquired in each province. Hectares 31 December 1976 Still to be acquired Transvaal ......... .... 3 961 946 388 587 Natal .... ... ... ... ... 434611 32025 Cape ............... 943 330 481 367 Orange Free State ...... 61 381 12 317 5401268
10 Star, 29 September. 11 Hansard 3 col. 215; Hansard 3 cola. 210-212. 12 The q ota of land to be added to the acheduled Reserve Land Act of 1936.
914296
in terms of the Bantu Trust and
314
A SURVEY OF RACE RELATIONS, 1977
These figures include "black spots" which have already been removed and those which must be added to the quota. During 1976 the following areas of land were purchased in each province: 1 Hectares Transvaal ...... 78 524 Natal .......... 10479 Cape ......... 29 157 Orange Free State ...
Total ...118 160
The total expenditure on the acquisition of land during 1976 77 was R32 875 991.2 The sum voted for this purpose for 1977-78 was R50m.3 BANTU LAWS AMENDMENT ACT, No. 119 OF 1977
Clause 2 of this Act amends section 8 of the Bantu Trust and Land Act. The amendment provides that the value of land excised from released or scheduled areas, or on resale the proceeds thereof, should accrue to the SA Bantu Trust. This money will then be available for the purchase of further land. Previously this land be came the property of the State and the SA Bantu Trust received no compensation for Trust land which was thus transferred, despite the fact that the Trust was obliged to provide compensatory land for the resettlement of African inhabitants of such land. PORT ST. JOHNS LAND DEALS
During 1976 it had been revealed that certain white land owners at Port St. Johns, in the Transkei, had received sums far in excess of what they had paid for their properties, acquired a short time prior to their being bought out by the Department of Bantu Administration and Development. Early in 1977 further newspaper reports 4 alleged that one of the landowners concerned
had bribed a Government official in order to expedite a sale. The Prime Minister subsequently ordered a police investigation into these allegations.5 On 18 March Mr. J. W. Greeff, National Party M.P., ques tioned the Minister about certain property valuations in Port St. Johns. The Minister stated that one of the valuators who under took the valuation (upon which some doubt had been cast) was a private valuator and the other had been appointed by the Land I Hansard
3 col. 215.
2 Hansard 7 col. 592.
3 RP 2 and 5, 1977. 6-16.
4 Sunday Times, 27 February; Star, 28 February.
5 Rand Daily Mall. 17 March.
ADDITIONS: TO HOMELANDS
Bank.6 However, when the matter was raised again, on 25 April, he stated that the two men were in the full-time employ of his Department at the time of the valuation concerned.' Mr. W. T. Webber (U.P.) called for a judicial enquiry into the matter, to which the Minister responded that the police were investigating the case and there was nothing further that he could do about it.8 In November a docket on the investigations was handed to the Attorney-General of the Transvaal. BLACK SPOTS
In reply to a question in the Assembly, 9 the Minister stated that between 1948 and 31 December 1976, 258 632 Africans had been removed from black spots and resettled in the Bantu home lands. On 13 April the Minister gave further information about black spots and "badly situated" parts of homelands.' During the 1975-76 financial year 1 720 hectares of land were purchased and/ or expropriated from Africans. (Figures for black spots and badly situated areas were not kept separately.) During that year an equivalent area (1 720 ha) was added to the quota in terms of section 10 (1) of the Bantu Trust and Land Act of 1936. EXPENDITURE IN THE HOMELANDS
Expenditure in the homelands from Governmental sources for the 1975-76 financial year is given in the Report of the Auditor General for that year.'
BophuthaTswana Transkei
Ciskei Gazankulu
Bantu Admin. and Dev. R 41473766 74154572
S.A. Bantu Trust R 12091914 10015115
Other Govt. Depts' R 2848930 12182170
2245489 561391
45396181 15475209
75 653 972 27626374 2393208 12333002
42 964 605 15765501 2181908 2553710
8 859 650 1569390 112182 466816
127 478 227 44961265 4687298 15353528
272064926
105207231
28 846 018
406118175
KwaZulu Lebowa QwaQwa Venda
Totals
28300596 10129436
14850096 4784382
Totals R 56414610 96351857
Sources of revenue in the homelands and expenditure by the homeland governments and by the Republican Government on services rendered in the homelands (excluding expenditure by the 6 Hansard 8 cols. 669-70.
7 Hansard 12 cols. 897-98. s Hansard 13 col. 6075. 9 Hansard 7 col. 596. 1 Hansard 11, cols. 817-18.
2 RP 73/1976. Part I. naRe 24. 3 Community Development, Prisons, Justice, Public Works, Audit. Police, Transport Sport and Recreation. Excludes expenditure on services rendered in the homelands by the SA
Railways and Postal Administration.
316
A SURVEY OF RACE RELATIONS, 1977
SA Railways and Postal Administration) have been extracted from the reports of the Auditor-General on each of the homelands for the 1975-76 financial year.
Revenue
BophuthaTswana Transkei Ciskei Gazankulu KwaZulu Lebowa QwaQwa Venda
Balance at 1-4-75 R 9 674 806 14741 041 1820661 2915686 11188454 4781 654 2 289 727 85 569
Grants from State Revenue Fund R 38419 100 71 079 500 25 974 300 9 107 700 71996000 25 605 000 1 999 200 11 459 200
Internal Revenue R 11952439 18730114 7760399 4790551 20589558 13337811 4 828 889 3110541
Totals R 60046345 104550655 35 555 360 16813937 103 774 012 43 724 465 9117816 14655310
Expenditure BophuthaTswana Transkei Ciskei Gazankulu KwaZulu Lebowa QwaQwa Venda
Homeland Govts. 49 117 842 100128999 35441443 13151114 87 042 954 41754505 5 849 530 13 133459
R.S.A. Govt. 17995510 25272357 19421 881 6 367 509 55482227 19356265 2687 998 3 894 328
1977-78: ESTIMATES OF EXPENDITURE REVENUE ACCOUNT'
FROM
Total 67 113 352 125401 356 54863 324 19518623 142525 181 61 110770 8537528 17027 787 THE
STATE
The Vote for Bantu Administration and Development pro vided for the following amounts to be expended on homeland development: R Grant-in-Aid to the SA Bantu Trust Fund ............ 216968000 Amount payable to homeland governments (excluding statutory grants5) ... ... ... ... ... ... ... ... ... 129 702 000 Construction of access roads to homelands (payable to provin cial administrations) . 2920000 Contribution towards Native Administration in South West Africa ........................... 22959 000 Construction of main roads in Native areas of SWA (Compen sation to SWA Administration) ............ 2286000
Contributions to homeland governments for 1977-78 are as follows: RP 2 & 511977. 5 Statutory grants form a direct charge on the State Revenue Fund. 4
317
EXPENDITURE IN HOMELANDS
BophuthaTswana Ciskei Gazankulu KaNgwane (Swazi) KwaZulu Lebowa QwaQwa Venda
Homelands of SWA: Caprivi Owambo Kavango Totals
Statutory Grant R 26 795 000 22 870 000 12454000 4 192 000 45 658 000 34 238 000 1410000 8901000
Administrative Additional and Technical 6 Assistance Grant R R 3386800 24623100 17370800 2827 400 3001500 1614 800 1 632 000 294 200 3 997 800 38 233 000 13 801 600 3 381 800 2 093 300 486 200 1 330400 8 785400
Total R 54804900 43 068200 17070300 6 118200 87 888 800 51 421 400 3 989 500 19016800
156 518000
109 540700
17319400
283378100
3221000
538300
514900 1 029 300 759 400
4274200 1 029 300 759 400
159 739 000
110079000
19623000
289441000
Transkei: Following the granting of independence to Transkei, the
amounts payable to the Transkei Government are now provided for as part of the Vote for Foreign Affairs.7 For 1977-78 these were as follows: R Amount payable to Transkei Government (in terms of Section .113500000 2 (1) (b) Act 106 of 1976) ..................... Salaries and allowances of Judges seconded to the Transkeian 44 000 Government ................................. Total
...
113544000
South African Bantu Trust The Budget of the SA Bantu Trust for 1977-78 was set out under the Vote for Bantu Administration and Development: Purchase of land for consolidation of Bantu areas ......... Development towards self-determination of Bantu areas (Republic)
...............................
Subsidising of Bantu transport ...................... Purchase of properties in independent homelands Services in Caprivi ... ... ... .... ... ... ...
.......... .... ...
...
R 50000000 155514000 10733000 4000000 3 623 000 223 870000
6 Allocation of White personnel to homelands. 7 See 1975 Survey, pp. 237-8, for the basis of calculation. 9 An amount comprising a grant not exceeding the sum appropriatd by Parliament for the 1976-77 financial year plus the amount provided for services in Transkei by the Cape Pro vincial Administration, and an additional amount to cover the running of services taken over by the Transkeian Government.
318
A SURVEY OF RACE RELATIONS, 1977
LEGISLATION AFFECTING HOMELANDS
Bantu Homelands Constitution Amendment Bill This Bill, which was read a first time during the 1977 parlia mentary session, envisages certain amendments to the Bantu Homelands Constitution Act of 1971. The Bill is to come before Parliament during the next session. The most important aspect of the Bill is that it provides for self-governing territories to be declared Internally Autonomous Countries, should the government of the territory concerned so request. This is a third stage of self-government as provided for in the original Act,9 which may be attained prior to gaining full independence. The Legislative Assembly of an internally autonomous country will be empowered: (i) to determine the manner in which the head of the executive is to be designated and what his powers shall be; (ii) to make laws in respect of all matters not mentioned in Schedule 1 to the Act, which might be deemed necessary for the "internal peace, order and good government" of the country. Any limitations with regard to areas mentioned in the Schedule would still pertain, however. (The Schedule defines areas in respect of which the assemblies of self governing territories may legislate.) These legislative powers, however, could be severely restricted by the right of veto which will be vested in the State President of the Republic: no bill may be assented to by the head of the executive of an internally autonomous country until it has been submitted to the Minister of Bantu Administration and Develop ment, who may, within 21 days, notify him that the bill will, "by reason of its implications for the Republic", be submitted to the State President for consideration. Further, if the State President suggests any amendments to the bill concerned, the bill may not become law unless these are implemented. In addition, if the expenditure envisaged in the implementation of a bill cannot be defrayed from the Revenue Fund of the country concerned, the State President must approve the bill before it may be tabled. Besides providing for the creation of internally autonomous countries, the Bill envisages the extension of the powers of Legis lative Assemblies in self-governing territories with regard to the following matters: (i) Withdrawals from the revenue fund of the territory con cerned will be made in terms of a law of the Legislative Assembly concerned, whereas previously the withdrawal of 9 See 1971 Survey, p. 26.
LEGISLATION AFFECTING HOMELANDS
319
any moneys, except in terms of an Appropriation Act, had to be regulated by proclamation of the State President. (ii) The Legislative Assembly will determine the period within which the Auditor-General will be required to present his report to the assembly-a power also previously vested in the State President. (iii) A Legislative Assembly may declare any work of literature to be the National Anthem of the territory concerned. The State President will be empowered to amend the Schedule to the Act and to make amendments to the provisions of the Act which might be thus necessitated. The Minister of Bantu Adminis tration and Development will be empowered to decide when such amendments will be brought into operation in different territories; this, according to the explanatory memorandum, is to allow for the fact that territories have varying needs and rates of develop ment. Clause 7 of the Bill will introduce amendments to the Schedule, extending the areas in which the Legislative Assemblies of self-governing territories will be permitted to legislate. These would include legislation with regard to the appointment and deposition of chiefs and paramount chiefs, and would give Legislative Assemblies the power to conclude or ratify conven tions, treaties and agreements with the Government of the Republic. (This latter power was subsequently provided for in terms of Act 115 of 1977.) Comment on the BM In a statement released after the first reading of the Bill in the Assembly, the Minister said that the Bill provided for a third phase in the path towards sovereign independence. In this phase, an internally autonomous country would have legislative powers over all internal matters, with only foreign affairs being excluded.1 Prior to the first reading, Mr. P. T. C. du Plessis, M.P., Chairman of the Bantu Affairs Commission, had said that he saw the Bill as paving the way for consultation between homelands and the SA Government along the lines of the European Economic Community, and also for the possible eventual forma tion by homelands of a SA confederation. 2 Opposition party spokesmen expressed reservations about the fact that, although in theory homeland governments would be able to legislate on any matter, and if they so wished repeal laws made by the SA Government, such as the Immorality Act, the Bill reserved absolute powers of veto for the SA Government. I Rand Daily Mail, 29 March. 2 Star, 28 March.
320
A SURVEY OF RACE RELATIONS, 1977
Mr. R. Cadman, UP, said that the manner in which the Govern ment exercised its power of veto would indicate its sincerity in the field of local autonomy. Mr. C. Eglin, leader of the PRP, also pointed out that the Bill did not resolve the problem of giving a political voice to Africans outside of the homelands, nor did it allow homeland governments to decide themselves what their fields of power and responsibility would be, or what their share of the national revenue should be. Some homeland leaders, such as Professor H. Ntsanwisi of Gazankulu and Dr. C. Phatudi of Lebowa, stated that they might be prepared to use the powers granted to internally autonomous countries in order to repeal apartheid laws. Others, however, rejected the proposed legislation totally. Mr. K. Mopeli, Chiet Minister of QwaQwa, said that the Bill was a "cunning plan to dangle a carrot before homeland leaders" in order to bring about homeland independence. Chief Gatsha Buthelezi, even prior to hearing of the veto clause, stated that the Bill was unacceptable to him. He too described it as a political bait, aimed at inducing homeland leaders to take independence by offering them a measure of autonomy. Second Bantu Laws Amendment Act, No. 115 of 197 Clauses 3 and 4 of this Act extend the powers of homeland governments by amending Section 4 of the Bantu Homelands Constitution Act, 1971, thereby making it possible for homeland governments to enter into agreements, treaties and conventions with the Government of the Republic of South Africa. Cor responding amendments have accordingly been introduced into the Schedule to the Act. Second Supreme Court Amendment Act, No. 86 of 1977 The Act provides for appeals from a Supreme Court or high court of a state to which independence has been granted by law, to be heard and determined by the Appellate Division of the Supreme Court of SA, and repeals the Supreme Court of Transkei Act of 1976. Financial Relations Amendment Act, No. 31 of 1977 This Act enables the executive committee of a provincial administration, with the approval of the State President, to perform any function which it may perform in its province in areas outside of the province, after agreement with the governing body of that area, which may be (i) a foreign state (presumably including independent home lands), (ii) a province or territory of South West Africa,
CITIZENSHIP OF HOMELANDS
(iii) a territory in the Republic for which a Legislative Assembly has been established under the Bantu Homelands Constitu tion Act of 1971, or for which a Legislative Council has been established under the Development of Self-government for Native Nations in South West Africa Act of 1968. HOMELAND CITIZENSHIP'
In terms of Section 2 of the Bantu Homelands Citizenship Act of 1970, every African person in the Republic of SA must be a citizen of a homeland. Section 2 (4) of the Act states that "a citizen of a territorial authority area shall not be regarded as an alien in the Republic and shall, by virtue of his citizenship of a territory forming part of the Republic, remain for all purposes a citizen of the Republic and shall be accorded full protection according to international law, by the Republic." Thus prior to 26 October 1976, all African people in SA (excluding those from other African territories) held a form of dual citizenship. As from 26 October 1976, the date on which Transkei became independent, all persons falling into the seven categories listed in the Schedule to the Status of Transkei Act of 1976,2 in short every African who is by descent or linguistic or cultural affiliations linked with the people of Transkei, automatically became a citizen of Transkei and lost his SA citizenship. From 6 December 1977 those people falling into the categories defined in Schedule B to the Status of BophuthaTswana Act were simi larly deprived of their SA citizenship and invested with Bophutha Tswana citizenship. Both Acts provide that citizens of the independent homelands will not, except as regards citizenship, forfeit any existing rights, privileges or benefits in the Republic by reason only of the provisions of the Acts. There is one difference between the two Acts, however, in that Section 6 (3) of the Status of BophuthaTswana Act provides that after indepen dence a citizen of BophuthaTswana may renounce his Bophutha Tswana citizenship "on conditions agreed upon between the Government of the Republic of SA and the Government of BophuthaTswana", a clause not contained in the Status of Transkei Act. Chief Lucas Mangope has stated that citizens of BophuthaTswana "should" be able to renounce BophuthaTswana citizenship and regain SA citizenship. However it appears that the only way in which this could be done is by application for citizen ship of another, non-independent homeland. There is no way in which people falling into the categories listed in the two Acts may legally refuse to become citizens of the homeland concerned, though BophuthaTswana citizens may renounce such citizenship after independence. In terms of one of the agreements between SA and Transkei, regulating the move1 See, in addition, Chapters on Transkei and BophuthaTswana.
2 1976 Survey, p. 229 et seq.
322
A SURVEY OF RACE RELATIONS, 1977
ment of citizens across borders, Transkei citizens have been given a two-year period in which to apply for Transkeian travel docu ments.3 There have, however, as described in the Chapter on Transkei, been reports of Xhosas being compelled to obtain these papers. During July and August certain provisions with regard to influx control and affecting homeland citizens were agreed to by Mr. M. C. Botha and three homeland leaders, Chief Sebe, Chief Mangope and Dr. Phatudi. (See section on the Pass Laws for details and comment.) Unemployment Insurance Benefits Workers resident in the common area continue to pay into and receive beiefits from the SA Unemployment Insurance Fund. This applies to workers in Transkei for a period of three years after independence, during which time Transkei will build up its own UIF, with aid from the SA Fund. In BophuthaTswana this three-year period falls away, as R300 000 will be paid over for the immediate establishment of a Fund in BophuthaTswana. It is not yet clear what the position of contract workers will be: whether they will contribute to the SA Fund, or those of the independent homelands. BOPHUTHATSWANA On 6 December BophuthaTswana became independent. The independence ceremony at Mmabatho was not attended by repre sentatives of any foreign countries, and the leaders of only three homelands -
Ciskei, Transkei and Venda -
were present. (Ap
parently Chief Buthelezi, Professor Ntsanwisi and Dr. Phatudi were not invited to the ceremony.') Chief Mangope, who had previously stated his belief that acceptance of independence could be a stepping-stone to the establishment of a SA federation, said in his independence address that Tswanas felt a 'well-founded bitterness on the issue of con solidation.' (At the time of independence BophuthaTswana com prised of seven non-contiguous blocks and ultimately, in terms of the SA Government's final consolidation plans, there would be six such blocks.) He referred to BophuthaTswana's new status as one of 'greater independence' rather than sovereignty, and stated that the main reason for BophuthaTswana's acceptance of in dependence was an abhorrence of racial discrimination, pledging himself to the creation of a non-racial society in Bophutha Tswana.5 3 Government Gazette 5320 Vol. 136, 22 October 1976. 4 Star, 5 December. 5 Star, 6 December: Rand Daily Mail, 7 December.
STATUS OF BOPHUTHATSWANA ACT
Following the granting of independence Chief Mangope named his 12-man cabinet, which included one white, the Minister of Health, Dr. J. Kriel, co-opted by Chief Mangope in terms of 8 powers granted to him in the new constitution. STATUS OF BOPHUTHATSWANA ACT, No. 89 OF 1977
Virtually identical to the Status of Transkei Act of 1976, this act declares the territory of BophuthaTswana, as defined in Schedule A, to be a sovereign and independent state from a date to be determined by the State President of SA. Laws in force in BophuthaTswana prior to independence will continue in force until repealed or amended by the Bophutha Tswana Government but will be administered by BophuthaTswana officials, no executive authority of the RSA having any authority in BophuthaTswana unless otherwise agreed by the two Govern ments. The Legislative Assembly of BophuthaTswana may legislate with regard to all matters affecting the new state, and laws made will not require the assent of the State President of SA. All treaties, conventions and agreements binding on the RSA immediately prior to independence, and capable of being applied to BophuthaTswana, will be binding on BophuthaTswana unless renounced by the BophuthaTswana Government, and treaties, conventions and agreements entered into between the Govern ments of SA and BophuthaTswana prior to independence will remain in force. Section 6 contains the conditions for citizenship, which lay down that every person falling into the categories defined in Schedule B shall be a citizen of BophuthaTswana and cease to be a citizen of SA but that no citizen of BophuthaTswana resident in SA shall, execept as regards citizenship, forfeit any existing rights, privileges or benefits in the Republic by reason only of the provisions of the Act. As in the case of Transkei, where there is doubt as to whether a person should be a citizen of BophuthaTswana or not, it may be referred to a board, established as agreed upon by the Governments of Bophutha Tswana and SA, whose decisions will be final. This Act differs from the Transkei Act in one respect: section 6 (3) provides that a citizen of BophuthaTswana may renounce his BophuthaTswana citizenship after independence on conditions agreed upon between the Government of SA and the Government of BophuthaTswana, and in a manner prescribed by the latter. Schedule B to the Act lists the following categories of persons who are citizens of BophuthaTswana and cease to be SA citizens: 8 Rand Daily Mail, 7 December.
324
A SURVEY OF RACE RELATIONS, 1977
(a) Every person who was a citizen of BophuthaTswana in terms of any law at the commencement of the Act; (b) every person born in or outside BophuthaTswana, either before or after the commencement of the Act, of parents one or both of whom were citizens of BophuthaTswana at the time of his birth, and who is not a citizen of a territory within the RSA or a territory that previously formed part of the RSA and it not a citizen of BophuthaTswana in terms of (a); (c) every person who has been lawfully domiciled in Bophutha Tswana for a period of at least five years, irrespective of whether or not such period includes any period prior to the commencement of the Act, and, on application, has been granted BophuthaTswana citizenship; (d) every SA citizen who is not a citizen of a territory within the RSA is not a citizen of BophuthaTswana in terms of para graphs (a), (b) or (c) and speaks a language used by members of any tribe which forms part of the population of Bophutha Tswana, including any dialect of such language; (e) every SA citizen who is not a citizen of a territory within the RSA and is not a citizen of BophuthaTswana in terms of paragraphs (a), (b), (c) or (d) and who is related to any member of the population contemplated in paragraph (d) or has identified himself with any part of such population or is culturally or otherwise associated with any member or part of such population. Parliamentary debate Mr. Colin Eglin (PRP) opposed the first reading of the Bill, on the grounds that it would lead to fragmentation of SA and exacerbate the country's problems. The PRP were 'particularly opposed to the fact that the Government, in creating independent homelands, had made it quite clear that Tswanas or citizens of other homelands living in the common area of SA would have no effective political rights in that area at all. 1 Both the UP and the IUP supported the motion for the introduction of the Bill, reserving their judgment until they had had the opportunity to study it.2 In his second reading speech 3 the Minister of Bantu Adminis tration and Development stressed the fact that the Bophutha Tswana Government had requested independence, and claimed that the bill, including the citizenship issue, had been agreed to by both governments at a meeting of the joint Cabinet Committee. He added that it was the intention of the BophuthaTswana I
Hansard 14 col. 6792-94. Hansard 14 col. 6977. col. 6984. 3 Hansard 17, cols. 8432-40. 2
STATUS OF BOPHUTHATSWANA ACT
325
Government to include similar citizenship provisions in their own constitution. He repeated the promise, made at the time of Transkeian independence, that Africans identifying themselves with their own nations in terms of citizenship would in various matters, including employment, be given preferential treatment in SA. Referring to the large number of non-Tswana living in BophuthaTswana, he said that if they did not wish to accept BophuthaTswana citizenship, the SA Bantu Trust would be pre pared to assist and compensate them if they were moved else where. (These people constitute approximately 30% of the de facto population of BophuthaTswana.) Mr. R. Cadman (UP) moved that the Bill be read that day six months, saying that it was part of a strictly political exercise whereby it was hoped to reduce the pressures from African people for political expression in SA by attaching them to the new state and requiring them to exercise their civic and franchise rights in that state. He said that no freedom in the political or civic sense was being granted to Tswana-speaking people in the common area, who comprised two-thirds of the Tswana population. Instead the SA Government was depriving them of their right to SA citizenship and instead giving them citizenship and thus political rights in an area where they neither lived nor worked, and where many of them had never lived nor been born.' The PRP moved that the House should decline to pass the second reading of the Bill because the Government had failed 1. to hold a referendum to determine the attitude of those South Africans whose rights would be affected by the inde pendence of BophuthaTswana; 2. to negotiate the provision of (a) an adequate area of consolidated land to enable inde pendence to be meaningful for the Tswanas; (b) an equitable distribution of economic resources between BophuthaTswana and the rest of the Republic; (c) effective political rights where they live for the Tswana who live permanently outside BophuthaTswana, and 3. to ensure that no citizens of SA would be deprived of their SA citizenship without their consent. Mr. Eglin said that many of the Tswana people supporting the creation of an independent BophuthaTswana did so, not because they wanted ethnically pure states and national self determination, but because they saw this as a possible means of escape from apartheid and discrimination.6 The Bill was supported by Mr. D. M. Streicher (IUP), who said that the only way to avoid power-sharing at every level, and 4 Hansard 17 cols. 8444-50. 5 Hansard 17 col. 8468. 6 Hansard 17 col. 8462.
326
A SURVEY OF RACE RELATIONS, 1977
thereby integration, was to create separate institutions for differ ent groups. In the view of his party, the people of Bophutha Tswana had themselves chosen independence and the IUP supported their choice. 7 The citizenship and land issues were hotly debated. The Minister made no reply to queries as to whether people relinquish ing their BophuthaTswana citizenship in terms of Section 6 (3) would be permitted to acquire SA citizenship. Both Mr. Cadman and Mrs. Suzman voiced their conviction that these people would only be able to apply for citizenship of another homeland. With regard to the geographic fragmentation of Bophutha Tswana into six blocks, the Minister pointed to Greece and Denmark and their islands as proof that fragmentation would in no way affect the viability of BophuthaTswana, adding that it was far better, in fact, for these fragments to be surrounded by the country's "best friend" and "emancipator" than by water.8 An amendment to the citizenship clause which would allow Tswanas outside BophuthaTswana to retain their SA citizenship was rejected by the Minister and defeated on division. The Bill was passed by both the Assembly and the Senate without amendment. Dispute between the SA and BophuthaTswana Governments Following the announcement that BophuthaTswana was to become independent on 6 December 1977, a series of meetings were held between the two Governments to discuss legal and financial arrangements. At a meeting between Mr. Vorster and Chief Lucas Mangope, Chief Minister of BophuthaTswana, held in Cape Town on 25 April, legislative details and agreements were finalised. On 6 May the Status of BophuthaTswana Bill was introduced in the SA Legislative Assembly. On 27 May, when the Bill was in the Committee stage, it was revealed by opposition members that a letter had been sent to the Minister of Bantu Administra tion and Development by Chief Mangope and his Cabinet, stating that they would not accept independence for BophuthaTswana unless mutually acceptable solutions were found to (i) the legal status of people relinquishing BophuthaTswana citizenship, as provided for in clause 6 (3), which the BophuthaTswana Govern ment wanted amended, so that these people would automatically regain SA citizenship, and (ii) the matter of land consolidation, in which respect they rejected the proposals of the SA Govern ment as being unfair, providing "hopelessly inadequate land for BophuthaTswana", and referred particularly to the planned 7 HMansard 17 cots. 8528, 8531. 8 Hansard 17 cot. 8610.
DISPUTE BETWEEN S.A. AND BOPHUTHATSWANA
327
excision of areas in the Bafokeng and Moretele II districts, and the areas of Pankoppen and Wolhuterskop. The BophuthaTswana Cabinet had requested specifically that the contents of the letter, which also stated that they could "no
longer accept . . . a verbal or written agreement" from the
Department of Bantu Administration and Development, be made known to the SA Parliament. The Minister claimed that the letter was not intended to be read out in Parliament, while Oppo sition members said he had no right to proceed with the intended legislation, knowing that the BophuthaTswana Government might reject independence. Following the Minister's statement that the land and citizen ship issues could be negotiated after independence, Chief Man gope refused to comment on the matter.' On 27 June Chief Mangope and Mr. Vorster met for talks on independence, after which it was announced that a further meeting would be held between them to discuss the citizenship and land issues. Four days later, on 1 July, Chief Mangope said that he was not prepared to negotiate his own people's inevitable destruction, and accused the SA Government of "trying to trick us into an independence which smells of fraud and disgrace.., an independence which will only cater for certain white people's evil dreams of continued baasskap, privilege and discrimina tion.....
2
Mr. Vorster's response was that the decision to become
independent was Chief Mangope's, and that his Government's policy was not based on a concept of baasskap, but rather aimed at emancipating the Tswana people, and that Chief Mangope's statements did not serve the interests of his people.' Agreement on certain of the land issues was reached follow ing talks between Chief Mangope and Mr. M. C. Botha on 8 July. On 5 August Chief Mangope and Mr. Vorster met for talks in Pretoria, following which a statement was issued saying that the BophuthaTswana Cabinet wished to refer those "outstanding matters" which had been discussed back to their party caucus and other BophuthaTswana authorities and would, after this, inform the SA Government of their final decision. The BophuthaTswana Democratic Party caucus released a statement on 16 September in which they set out the following conditions to be met if BophuthaTswana was to become inde pendent on 6 December: that acceptable solutions be found on (1) citizenship, (2) the status of BophuthaTswana citizens in SA after independence and (3) the settlement of future differences between the governments of BophuthaTswana and SA. Following a meeting of the joint Cabinet Committee on 29 September, it was announced that agreement had been reached on all but two issues 1 Star, 30 May. 2 Rand Daily Mail, 2 July. a Rand Daily Mail, 4 July.
328
BOPHPTHATSWANA CONSTITUTION ACT
on which legal advice was being sought. Further talks between Mr. Vorster and Chief Mangope took place on 11 October, after which Chief Mangope told the press that he felt that the citizen ship issue had been resolved in the circumstances, and that BophuthaTswana citizens "should" be able to renounce their BophuthaTswana citizenship and regain SA citizenship. Although he anticipated further problems over consolidation, he felt that the outcome of the meeting was satisfactory. A joint statement was issued by the two Governments, saying that all outstanding matters had been resolved, and that agreements reached between them would be formally signed on 15 November with a view to BophuthaTswana becoming independent on 6 December.4 Opposition spokesmen voiced their doubts as to whether BophuthaTswana citizens would, in actual fact, be permitted to apply for SA citizenship. Dr. C. Mulder, Minister of the Interior, said that it was not against Government policy to grant Africans SA citizenship under "specific conditions", which he could not release for public consideration., The general consensus of opinion seemed to be that the only way BophuthaTswana citizens could regain SA citizenship would be by applying for citizenship of a non-independent homeland. This was confirmed by Mr. M. C. Botha on 17 October. REPUBLIC OF BOPHUTHATSWANA CONSTITUTION ACT
The draft constitution for the Republic of BophuthaTswana was published on 14 October.6 The draft states that the Republic of BophuthaTswana "accepts the principles of democracy and an economy based on private and communal ownership and free enterprise" and will have its seat of government at Mmbatho, with Tswana, English and Afrikaans as official languages. The President of the new Republic will be the Executive Head of Government and Commander-in-Chief of the Bophutha Tswana Defence Forces. He will be elected by an electoral college consisting of members of the National Assembly, excluding the three members to be designated by him, and will hold office for a period of five years, after which time he will be eligible for re-election. The Legislature will comprise the following: (i) 48 members designated by the 12 regional authorities, in BophuthaTswana, (ii) 48 elected members, 4 from each electoral division, and 4 Rand Daily Mail, 12 October. 5 Star, 13 October. 6 BophuthaTswana Official Gazette, No. 35.
BOPHUTHATSWANA
CONSTITUTION ACT
329
(iii) 3 members designated by the President because of special knowledge, qualifications and experience who need not be citizens of the Republic of BophuthaTswana, but who will not be entitled to vote in the National Assembly. Bills will be subject to the approval of the President. If, however, the National Assembly should agree by a two-thirds majority to pass a bill which, not having been assented to by the President, has been referred back to them, such bill shall become law, and the signature of the Speaker will replace that of the President. Executive Government will be vested in the President, who shall consult the Ministers in the Executive Council. The President will be empowered to establish Departments of State and appoint Ministers, provided that he appoint not more than two of the three members of the National Assembly designated by him to ministerial posts. The draft lays down that the following people shall be citizens of BophuthaTswana: (i) All Batswana as defined by an Act of Parliament; (ii) any other people legally domiciled in the Republic of BophuthaTswana at independence for a period of five years or more, and (iii) any other people who apply and are accepted as citizens. It also states that any BophuthaTswana citizen shall have the right to renounce his citizenship of the Republic. A Declaration of Fundamental Rights, which is binding on the legislature, executive and judiciary, constitutes Chapter 2 of the draft. Any person may apply to the Supreme Court to enforce these rights, which include: (i) equality before the law with no discrimination on grounds of sex, descent, race, language or religious beliefs; (ii) the right to freedom from torture, or inhuman and degrading treatment or punishment; (iii) the right to freedom and liberty. This includes the following proviso: "Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided promptly by a court, and his release ordered if the detention is not law ful". (This measure seemed to be contradicted by the fact that the SA Security Laws were not amongst those to be repealed. Apparently, however, these laws will be referred to a special legal committee for assessment.) In addition, the declaration guarantees respect for private and family life, freedom of thought, conscience and religion, freedom of expression and assembly, and protection of property.
330
A SURVEY OF RACE RELATIONS, 1977
The 89 laws scheduled for repeal include the reservation of Separate Amenities Act, the Prohibition of Political Interference Act, and the Group Areas Act. OTHER LEGISLATION PASSED BY THE SA PARLIAMENT IN CONNECTION WITH BOPHUTHATSWANA'S INDEPENDENCE
Financial Arrangements with BophuthaTswana Act, No. 93 of 1977 The BophuthaTswana Government will, on commencement of the Act, receive the sums still outstanding on the amounts voted from the State Revenue Fund for the 1977-'78 financial year, and any additional amounts which might be appropriated by Parliament or authorised by the Minister of Finance. In addition, BophuthaTswana will receive the outstanding amounts provided for in the estimates of expenditure of the Provincial Revenue Funds of the Cape, Orange Free State and Transvaal, and amounts which, in the opinion of the Minister of Finance, are equivalent to the amount of taxes and other moneys paid by BophuthaTswana citizens in SA during 1977-'78. From 1978-'79 onwards, the Minister of Foreign Affairs, in consultation with the Minister of Finance, will pay the following amounts to BophuthaTswana: (i) Amounts equivalent to the taxes and other moneys paid by BophuthaTswana citizens in S.A. during the year concerned. (ii) An amount not exceeding the sum of the amounts appro priated during the 1977-'78 financial year by Parliament and the provinces of the Cape, Orange Free State and Transvaal. (iii) During the 1978-'79 financial year BophuthaTswana will receive an amount, determined by the Minister of Finance, which will be required to carry on services for which the BophuthaTswana Government becomes responsible on inde pendence, less any revenue accruing from these services. Parliament may appropriate further amounts from the State Revenue Fund for BophuthaTswana. Property of the State, including the Post Office and Railways and Harbours Administrations, and the Provincial Administra tions of the Cape, Orange Free State and Transvaal, which is used in connection with services for which BophuthaTswana becomes responsible, may be transferred to BophuthaTswana or its nominee. Second Unemployment Insurance Amendment Act, No. 118 of 1977 No benefit or allowance payable immediately prior to the date of independence will cease to be payable because the person concerned ceased to be a contributor by virtue of Bophutha Tswana's becoming independent.
BOPHUTHATSWANA
Provision is made for the Secretary of the fund to pay from the fund, as soon as is practicable after the date of independence, an amount of R300 000 to the Government of BophuthaTswana for the purpose of assisting it to establish an unemployment insurance fund for the payment of unemployment benefits in BophuthaTswana. SA Government Proclamations and notices affecting BophuthaTswana Proclamation R76, Government Gazette 5518, 27 April. Provision is made for the establishment, as from 1 November 1977, of a High Court for BophuthaTswana which will have the same jurisdiction as that exercised by a provincial division of the Supreme Court of SA, a Bantu Appeal Court and a Bantu Divorce Court. Appeals from the decisions of this High Court shall be heard by the Appellate Division of the Supreme Court of SA. The Hon. Judge V. G. Hiemstra, formerly of the Transvaal Supreme Court, accepted appointment as Chief Justice of BophuthaTswana. (In terms of the Republic of BophuthaTswana draft consti tution, these provisions will remain in effect after independence.) Government Notice No. 1383, Government Gazette 5681, 22 July. In terms of this notice control of motor carrier transporta tion is transferred to the Government of BophutbaTswana. Proclamation R174, Government Gazette 5716, 19 August. The Proclamation lays down the following regulations for the administration of declared security districts in Bophutha Tswana. (i) Any meeting or gathering of more than five people (exclud ing church or funeral services, sports or entertainment gatherings, and meetings of statutory bodies) shall be unlaw ful unless authorised by a magistrate. (ii) The Minister of Police may prohibit any person or catego ries of persons from entering or leaving particular areas, impose a dawn to dusk curfew and he may declare certain areas to be "prohibited areas", where strict controls shall be placed on persons entering or leaving. (iii) Any non-resident entering or resident leaving a prohibited area will require a permit authorising him to do so, and the onus shall be on that person to prove that he is or is not resident in the area if there is doubt about this. (iv) Arms and dangerous weapons are to be surrendered to the magistrate in a prohibited area; he may return these on application.
332
A SURVEY OF RACE RELATIONS, 1977
(v) Any person making a subversive statement or performing a subversive act, including organising or taking part in a boy cott, or neglecting to obey a Chief or headman, shall be guilty of an offence. (vi) An indemnity clause protects the State from any civil or criminal action arising out of the operation of the regula tions. (vii) Provision is made for the arrest and detention, for as long as the arresting officer sees fit, and the interrogation of any person suspected of committing or intending to commit an offence or being in possession of information relating to an offence. No such person shall be permitted to consult with a legal adviser without the authority of the Minister. Agreements between S.A. and BophuthaTswanal On 16 November a number of agreements were concluded between the Governments of S.A. and BophuthaTswana. These included, inter alia, a non-aggression pact, provision for the continued secondment of personnel, such as teachers and judges, to BophuthaTswana by the SA Government, and agree ments with regard to economic relations and development, co operation in the fields of mining and prospecting, fuel conserva tion measures, health services, postal and telecommunication services and road and rail transport. In terms of the agreements relating to citizenship and the regulation of the movement of citizens of the two countries across common borders, it is laid down that such movement may only take place at specified ports of entry and on the production of valid travel or identity documents. Citizens of BophuthaTswana 'sojourning' in the Republic of S.A. shall be required to obtain BophuthaTswana travel documents within a period of two years from independence 'or such further period as may be agreed upon.' The Government of S.A. undertook to continue to issue duplicate reference books to citizens of BophuthaTswana who had not yet been issued with BophuthaTswana travel documents but these would only be valid for the above-mentioned two-year period. A special endorsement would be required by citizens of either state wishing to remain in the other country for more than 14 days. BophuthaTswana citizens wishing to take up employment in S.A. could only enter the Republic for this purpose if they were in possession of written contracts of employment or 'call in-cards' offering employment and authorised by the SA Labour Authorities. 7 The agreements, 63 in all, were set out in Government Gazette No. 5823 of 6 December.
BOPHUTHATSWANA OPPOSITION TO INDEPENDENCE
The National Seoposengwe Party (NSP) remained opposed to independence and made numerous calls. for a referendum to be held to decide the issue. Chief Mangope had stated categori cally that he was not prepared to hold a referendum, and that if they did not want independence the people of BophuthaTswana would be able to make their views known in the elections to be held in August. In March Chief H. Maseloane, leader of the NSP said that his party was contemplating legal action against Chief Mangope because of the unconstitutional manner in which he was gaining independence. They pointed to Chief Mangope's refusal to hold a referendum, and the fact that many private people legally possessed land which he was signing away on their behalf. The action did not, however, materialise. The NSP had considered boycotting the elections. However, following an assurance from the Rustenburg Security Police that there would be no interference by police in homeland politics, announced that they would contest all 48 seats. (A telegram had previously been sent to the Minister of Police complaining about police interference.) On 26 May a petition from the NSP was handed to the SA Assembly, which was then debating the Status of BophuthaTs wana Bill, appealing to them not to allow BoputhaTswana to become independent and stating their opposition to indepen dence until such time as the Tswana people had been properly consulted by means of a referendum. The petition also stated that BophuthaTswana could never be truly independent because approximately 80 % of its budget was granted by Pretoria. On the same day Mr. M. Pilane, NSP member of the Bophutha Tswana Legislative Assembly, crossed the floor and joined the ruling BophuthaTswana Democratic Party (BDP). Chief Mangope and four Cabinet Ministers were stoned by students at a political meeting in Potchefstroom on 16 July. The students were protesting against independence and accused the Chief Minister of being a "sell-out". The following day ten Black Consciousness organisations sent an open letter to Chief Mangope, calling on him to stop assisting the SA Government in its policy of separate development, and accusing him of play ing an opportunist game, the consequences of which he would eventually have to face. ELECTIONS
Proclamation R47 of 19771 This proclamation, amending Proclamation R150 of 1972, contained regulations for conducting elections in BoputhaTs wana. Section 39 (2), entitled "Voters who are unable to vote I Government
Gazette No. 5472. 25 March.
A SURVEY OF RACE RELATIONS, 1977
in the manner prescribed", lays down that such a person may request the polling officer to complete the ballot paper on his behalf. This the polling officer shall do, having read to the voter the names of the candidates, "with due regard to the mainte nance of secrecy" and in the presence of two witnesses. Section 30 makes provision for a candidate and one of his agents to be in side the polling station at any time. It is not specified whether either of them may or may not be witnesses to this type of vote. As the date of the elections drew nearer, it was claimed that some chiefs were refusing NSP candidates permission to hold meetings in their villages.2 Voting for the 48 elected members of the Legislative Assem bly took place between 22 and 24 August. Only 375 000 Tswanas registered as voters and of these 50 % actually cast their votes in the elections which gave the BDP an overwhelming majority in the assembly: of the 43 seats contested, the BDP won 39, and four of the five uncontested seats were held by BDP members. Prior to the election the 48 members designated by chiefs and headmen had been appointed, 47 of them being Government supporters. (It should be noted that chiefs and headmen are paid, and can be appointed and dismissed by the Government.) Thus the BDP won 90 of the 96 seats in the Assembly. SECESSIONIST MOVES Ndebele 3
During December 1976 the dispute between Chieftainess Esther Kekana of the Amandebele-a-Moletlana tribe and Chief Lucas Mangope reached a head when Chief Mangope ordered the deposition of the Chieftainess. (The dispute had arisen over the medium of instruction in Ndebele schools and had resulted in the Chieftainess announcing her refusal to submit to the rule of the BophuthaTswana Government.) Mr. A. L. Kekana was appointed Chief in her place, but refused to accept an appoint ment which, he said, was irregular. In May the Chieftainess brought a Supreme Court action against Chief Mangope, but the Court upheld the deposition and Mr. N. S. Kekana was appointed chief. In the meantime, three tribes from the Hammanskraal dis trict had been given permission to secede from BophuthaTswana and join the newly formed Ndebele territorial authority, and in July the Kekana group announced that they, too, would join the new homeland. South Sotho 4 During May severe fighting, in which 13 people were killed, broke out in the village of Maboloka, near Brits, between two 2 Rand Daily Mail, 28 July.
3 See also section on Ndebele homeland. 4 See also section on QwaQwa.
BOPHUTHATSWANA
335
Sotho-speaking factions, one of which supported the BophuthaTs wana Government, while the other wished to secede and join the QwaQwa homeland. At Thaba'Nchu in the Orange Free State, a large group of Basotho squatters had also expressed their de sire to be incorporated into QwaQwa: they did not wish to leave the area and wished the land to be transferred to QwaQwa. Meetings were due to have taken place during June between representatives of the BophuthaTswana, QwaQwa and SA Governments to discuss the matter, but these were cancelled. It was subsequently announced that a survey was being conducted5 to establish the desires of Sotho-speakers in BophuthaTswana. At the time of writing, however, the results of the survey had not been made known, nor had any action yet been taken to solve the problem. FOREIGN RELATIONS
It appeared likely that BophuthaTswana's independence would not be recognised by the rest of the world, as Transkei's had not been. Despite this a number of officials were trained as diplomats, either in Pretoria or at SA embassies abroad. In July it was revealed that representatives of the Bophu thaTswana Government had held meetings with President Sen ghor of Senegal. There has been no indication, however, that Senegal will recognise BophuthaTswana. Botswana, which borders on BophuthaTswana and whose rail link with the sea runs through the homeland, has expressed concern about BoputhaTswana's independence. Mr. A. Maqwe, Botswana's ambassador to the UN, referred to Lesotho's plea for aid following Transkeian independence, and stated that Bots wana was likely to experience similar problems.6 Botswana stated that it would not recognise BophuthaTswana, but would give BophuthaTswana citizens special permits to visit Botswana." Lesotho has again laid claim to territory in the Thaba'Nchu district, due to be part of BophuthaTswana. On 25 October the Lesotho Government decided to approach the SA Government and request the establishment of a joint boundary commission to resolve the issue.' TRANSKEI INTERNAL MATFERS LEGISLATION
The most controversial laws to be passed during the first sit ting of the Transkeian National Assembly, drawing unfavourable comment from many sources, were the two acts relating to security. 5 Rand Daily Mail, 20 July. 6 Star, 13 October.
7 Post. 24 November. 8 Star, 25 October.
336
A SURVEY OF RACE RELATIONS, 1977
Transkei Public Security Act In terms of this Act all security laws applicable in SA were repealed (including the Suppression of Communism Act, the In ternal Securtiy Act, the Riotous Assemblies Act, the Unlawful Organisations Act, and also the Transkei Emergency Laws con tained in Proclamation R400). Many of the measures provided for in these Acts, however, are incorporated in the new legislation. In terms of this Act: 1. Anyone propagating or disseminating views that Transkei, or parts of Transkei, should form another country or part of another country, will be guilty of a treasonable offence, and liable to penalties ranging from five years' imprisonment to the death sentence. (Originally Paramount Chief Kaiser Matanzima stated that this clause would be retrospective to 26 October 1976, but this is not, in fact, the case.) 2. It is an offence to harbour or help terrorists, the maximum penalty being death. 3. It is an offence to make statements or commit acts causing hostility between population groups. 4. It is an offence to belong to certain organisations declared unlawful by the State President. 5. The State President may authorise a chief to banish any per son to another area, either permanently or for a specified period. 6. The State President may order a tribe or part of a tribe to be removed, without warning, to another area if he considers it to be in the public interest. 7. The Minister of Justice may ban gatherings of more than ten people, prevent individuals from attending certain gatherings and declare a State of Emergency if he deems it necessary. 8. Provision is made for the banning of persons, for detention without trial, and for the arrest, without warrant, of any person for interrogation purposes, after which arrest there may be no recourse to the courts to obtain the release of such person. The leader of the Transkei Opposition, Mr. Cromwell Diko, Opposition politicians in SA and legal experts, all criticised these draconian security measures sharply, warning that they could only do further harm to Transkei's tenuous international position. De spite this, the legislation went through virtually unchanged. One clause, which maintained the banning of organisations prohibited in SA (including the ANC and PAC), was dropped: in doing so the Minister of Justice, Chief George Matanzima, said that the reason for this was that it would be inappropriate for an independent Transkei to continue the actions of SA.
TRANSKEI INTERNAL MATTERS
337
Intelligence Service and State Security Council Act This Act provides for the establishment of the Transkei Intel ligence Service, (TIS) which will take over the functions and duties of SA's Bureau of State Security. The TIS will be directly respon sible to the Prime Minister, and its functions will be to collect and evaluate information relating to national security, and to detect, identify and advise the Prime Minister of any threat or potential threat to the security of Transkei. The Act will operate under a special account, the Intelligence Service Account, which will be determined and directed by the Prime Minister and will be confidential. The Act also provides for the establishment of a State Security Council, which will formulate national policy and strategy with regard to the security of Transkei. Transkei Publications Act Provision is made for the establishment of censorship com mittees appointed by the Department of the Interior, from a list of suitably qualified people, which will be compiled every three years. These committees will check the infiltration of undesirable literature, films and public entertainments. Mrs. Stella Sigcau, Minister of the Interior, said, when introducing the legislation, that it was intended to uphold the Christian convictions of the Trans keian people. 1977-78 BUDGET-INCREASED TAXATION
When presenting his Budget in the National Assembly, Mr. T. Letlaka, Minister of Finance, announced the introduction of new tax measures, aimed at substantially increasing Transkei's revenue. The total amount budgeted was R239 021 000, of which R165m was to be granted by the SA Government and R31m would come from Transkei's own resources. (The amount payable by the SA Government includes, in addition to the direct grant, a share of the pool of indirect taxes which is divided between members of the Customs Union-SA, Botswana, Lesotho and Swaziland. Although Transkei is not a member, it receives part of SA's share.) This left a deficit of R42,8m which would be accounted for partly by an expected surplus in the exchequer, partly by borrowing from the SA capital market and partly (an amount of R28,8m) from increased taxation.' Announcing the abolition of the general tax of a fixed amount or poll tax (R2,50) Mr. Letlaka said that apart from its low yield, this tax was seen as an instrument of oppression. In addition to in creases in income tax, local tax (on huts), taxes on immovable I Rand
Daily Mail, 24 March.
338
38A SURVEY
OF RACE RELATIONS, 1977
property and the general levy, it was also intended to introduce a livestock tax of RIO per head on cattle and donkeys, R5 on horses and mules and R2 on sheep and goats. The Minister said that there was an additional motive for introducing the livestock tax: stockowners might be obliged to sell stock, which could lead to an easing of overgrazing,2 In the face of strong criticism of the proposed tax, the Govern ment first halved the taxes and then reduced them to R5 per head on donkeys, R2 for cattle, RI for horses and mules and 50c on sheep and goats. Motion on the Immorality Act A motion proposed by a Government MP, Mr. H. Kentane, calling for the repeal of the Immorality Act, was passed in the National Assembly. Legislation to this effect was not, however, introduced. Some months later a white man and an African woman were married in a civil ceremony in Transkei, apparently in the belief that the Immorality and Mixed Marriages Acts had been repealed in Transkei. Although the marriage was technically illegal, as these Acts are still on the statute book of Transkei, the Commissioner of Police, Brigadier E. Cwele, said that infringements of the two laws had been ignored by policy since the passing of the above mentioned motion, and in accordance with Transkei's stated policy of non-racialism. 3 POLITICS Paramount Chief Kaiser Matanzima's ruling Transkei National Independence Party (TNIP) held an overwhelming majority in the Transkei National Assembly.' The Transkei People's Freedom Party, formed by Mr. Cromwell Diko on leaving the government ranks, was recognised as the official opposition, but enjoyed little support: the first congress of the party collapsed when attended by only three people.2 Harassment of individuals opposed to the government con tinued, with numbers of people being held in terms of Proclamation R400,3 and there appeared to be little likelihood of this lessening under Transkei's new security laws. In April, Mr. M.P. Ludidi, former Secretary-General and Chief Whip of the TNIP, who had recently formed the Transkei Pan-Africanist Party, sought asylum in Lesotho because he feared detention, and on 14 July it was reported that a medical practitioner, Dr. J. Mlandu, had done likewise. Early in May there were reports of refugees, mainly high 2 3 1 2 3
FinancialMail, 25 March. Rand Daily Mail, 19 August. 1976 Survey, page 243. Rand Daily Mail, 7 March.
See Chapter on Detentions.
TRANSKEI INTERNAL MATTERS
339
school students who were opposed to Transkeian independence, arriving in Botswana. Apparently they were leaving Transkei be cause they feared prosecution in terms of the new legislation which made it a treasonable offence to criticise Transkei's independence. On 7 September the first multi-racial elections to be held in Transkei took place when towns throughout the homeland elected councils. In most of the larger towns multi-racial councils were elected. In Umtata a group of five whites and five Africans running as a team won the ten seats. Early predictions that Port St. Johns would elect an all-white council proved incorrect when an African woman (the only woman to stand) won one of the six seats. In Idutywa four Africans and four whites were elected, and in Engcobo six whites and two Africans. On the whole percentage polls were quite high-65% in Engcobo, 54% in Idutywa, but a low 30,5% went to the polls in Umtata. Speaking on the first anniversary of independence, Chief Matanzima said that since independence Transkei had become a non-racial society and that legislation was being drafted to repeal all discriminatory laws. Following the resignation of Miss Stella Sigcau, Minister of the Interior, in November, Chief Matanzima reshuffled his cabi net: Mr. H. Pamla, former Deputy Minister of Health, was appointed Minister of the Interior, and Chief A. P. Ndamase became Deputy Minister of Health. TRANSKEI ARMY
Chief Kaiser Matanzima announced in May the introduction of a voluntary six-month national service scheme aimed at building up a reserve force. He also stated that a five-year development plan for the army was already in operation. At the end of July the first 54 volunteers began their basic training, after which they would be given the option of joining the permanent force. USE OF FARMS BY THE MATANZIMA BROTHERS
On 24 July the Sunday Times published allegations that two farms belonging to the SA Bantu Trust, and still part of SA, were being occupied and farmed free of rent by Paramount Chief Kaiser Matanzima and his brother, Chief George Matanzima, Minister of Justice. At Chief Kaiser Matanzima's request the Transkei Development Corporation was about to hand over a third farm for the use of the Minister of Finance, Mr. Letlaka. (All three farms were being run by the TDC on behalf of the SA Bantu Trust.) Apparently Paramount Chief Matanzima intended taking possession of the farms as soon as they were handed over to Trans kei. The Deputy Minister for Bantu Development, Dr. Hartzen berg, said that his Department had authorized Chief Kaiser Ma-
340
A SURVEY OF RACE RELATIONS, 1977
tanzima to occupy a house on the farm concerned, but would not comment on the other allegations until he had visited the Eastern Cape to investigate the matter.' In the Sunday Times of the following week it was reported that at a press conference in Umtata Chief George Matanzima had accused a Transkei Development Corporation official of leaking information concerning the farms to the Times, and had said that the managing director of the TDC, Mr. F. Maritz, would be held personally responsible. (Apparently there had been clashes prior to this between the Prime Minister and Mr. Maritz over the alloca tion of TDC property to Transkeians.) A letter from Chief George Matanzima was also published, in which he attacked the Sunda) Times and claimed the land being occupied by him and his brother had formerly belonged to their grandfather. He did not deny any of the accusations which had been made, but said that "of course the Prime Minister, who worked so hard to asquire the land, will be among the beneficiaries, and so will his brother". Mr. Maritz, in the meantime, denied involvement in any leaks, and said that if the Prime Minister did not accept his bona fides he would leave Transkei. Following a meeting between Mr. Maritz and Paramount Chief Matanzima on 2 August, a statement was issued by the Chief expressing his confidence in Mr. Maritz and the TDC, and stating that the misunderstanding between them had been cleared up. Apparently plans to allocate a farm to the Minister of Finance were subsequently dropped. MATrERS AFFECTING RELATIONS WITH SA
Transkei citizenship After Transkei's independence there was considerable con fusion, which has persisted during 1977, both among urban Xhosas holding reference books with the requisite permits to remain in a prescribed area (as laid down in Bantu (Urban Areas) Act of 1945) who did not wish to apply for or be invested with Trans keian citizenship, and among Xhosa who had obtained Transkeian certificates of citizenship and who wished to remain in the Republic or to travel to other countries. It was claimed that a number of Xhosas, many of whom denied that they had any links with Transkei, were being com pelled to apply for certificates of Transkeian citizenship, and that on applying for a reference book, either for the first time or be cause of loss of their reference book, they were instructed to obtain Transkeian papers. In certain cases Xhosas with Ciskeian ties experienced the same treatment. (As mentioned previously, a two4
Star, 25 July.
TRANSKEI AND SOUTH AFRICA
year deadline has been set for all Xhosa-speaking people falling within the categories defined in the schedule to the Status of Transkei Act to obtain Transkeian documents.) Transkei's Ambassador to the Republic, Professor M. Njisane, accused the SA Government of trying to cause confusion and hardship for black South Africans by forcing them to take Trans kei citizenship, and an embassy official said that Transkeian docu ments would not be issued to people who were being forced to apply for them.' When questioned about the matter in the As sembly, the Minister of Bantu Administration stated that Bantu Affairs Administration Boards had not, since 26 October 1976, refused to issue Xhosa-speaking Africans born in the Republic with SA reference books or work-seekers' permits.6 However, a number of cases, cited by organisations such as the Black Sash, and news papers, seemed to contradict the Minister's statement. In reply to further questioning, the Minister of Foreign Affairs said that the Transkeian Ambassador had made representations to his Depart ment regarding those persons whose citizenship was not clearly determinable in terms of the relevant legislation, and had been informed that these cases were being investigated by the authorities concerned.'
The treatment of those people who had taken out Transkeian citizenship and were resident in the Republic was questioned, particularly the fact that arrests of Transkeian nationals under SA pass laws were continuing. Professor Njisane was quoted in the Sunday Times of 30 January as saying that his expectation at independence was that Transkeians would be treated in exactly the same way as citizens of other countries, but that this had proved wrong. He went on to say that the Chief Bantu Commissioner for the Cape Province had told him that Transkeian independence meant nothing to him, and that Transkeians were still Africans and remained subject to influx control and other discriminatory legis lation. "No privileges have come with independence", said Profes sor Njisane, "and people are not being given any real incentives to become Transkeian citizens". Commenting on this matter, a spokesman for the Department of Bantu Administration pointed out that in the agreements be tween SA and Transkei it was stipulated that any Transkeians getting work in SA would do so "subject to the prevailing laws of the Republic of SA", 8 the implication being that Transkeians, as Africans, were subject to all laws applying to Africans in SA. Some time later the issue was raised once more in the Assembly and when questioned as to the position of Transkeians, the Minister of Foreign Affairs stated that Transkeians were still subject to 5 Rand Daily
Mail - Extra, 8 January. 6 Hansard 3 col. 186. 7 Hansard 3 col. 186. 8 Rand Daily Mail, 31 January.
342
A SURVEY OF RACE RELATIONS, 1977
influx control and pass regulations set out in section 12 of the Bantu (Urban Areas) Consolidation Act.9 When asked whether black Transkeian citizens resident in or visiting the Republic were subject to any restrictions in the use of public transport and ameni ties in the Republic, he replied that "the movement to and sojourn in the Republic of citizens of Transkei and the movement to and sojourn in Transkei of citizens of the Republic are governed by the laws of and agreements between the two countries". Mrs. H. Suzman, PRP, who had submitted the question, went on to ask whether the same conditions governed the movements of black residents of other countries, to which the Minister replied that the position of immigrants and of visitors throughout the world was regulated by the legislation of the governments concerned. ' On 5 February it was reported that all Transkeian consuls had been summoned to Umtata for consultation with regard to these matters, and five days later a meeting was held between SA and Transkeian cabinet ministers to discuss the issues.2 Following a newspaper report that it had been agreed that Transkeians would be given the same status as white foreigners, 3 a statement was issued by the Minister of Bantu Administration and Development saying that this was not the case, and the Minister of Community Development said that there was no difference between the position of Transkeians and the other people of Soweto. Transkeians wishing to travel to countries other than the Republic on Transkeian passports may experience difficulties. The Minister of Foreign Affairs said in the Assembly that no SA pass ports issued to Transkeian citizens prior to 26 October 1976 had been withdrawn, but that Transkeian citizens who had returned their SA passports for refund of their deposits would not have these returned to them should they wish to travel in the future.4 Mr. H. Schwarz (PRP) urged the SA Government to issue SA passports to Transkeian citizens wishing to travel to countries which did not recognise Transkei-a suggestion which drew a scathing attack from Paramount Chief Matanzima, who said in the National As sembly that Transkeians travelling abroad would not under any circumstances use SA passports. The position of Transkeians travelling on Transkeian pass ports was not clear: during December 1976 Transkeians were re fused admission to Swaziland and Botswana. Later in the year, however, an African dancer travelling on a Transkeian passport was admitted to Britain, apparently due to a loophole in British immigration laws which allows the exercise of discretion by immi gration authorities. No indication was given by the Home Office as 9 Hansard 8 cols. 543-4. 1 Hansard 4 col. 319. 2 Rand Daily Mail, 5 February; Rand Daily Mail, 11 February. 3 Sunday Times, 13 February. 4 Hansard 8 col. 1662; Hansard 10 cols. 784-5.
TRANSKEI AND SOUTH AFRICA
343
to whether this incident was likely to set a precedent, and ap parently immigration officials were subsequently warned that Transkei passports were not to be stamped, or any other steps taken which might be seen as an implication of recognition of Transkei.' It was also reported that a group of Transkeians entered Spain without visas, though this was due to a misunderstanding on the part of immigration officials. According to Prof. Njisane, Trans keian passport holders have not experienced any difficulties in entering foreign countries other than those in' Africa. Xhosa-speaking Squatters The suggestion by the Department of Bantu Administration that people evicted from the squatters' camps in the Cape Penin sula should be repatriated to Transkei evoked an angry response from Transkei's Foreign Minister, Mr. Digby Koyana, who said that his government rejected the concept of people being dumped in an independent Transkei at the whim of SA Government officials, and that the basis for friendship between Transkei and SA was fast diminishing.6 Mr. Koyana reiterated his government's stance that because people speak Xhosa they are not necessarily Transkeians. He said that if the SA Government persisted in send ing these people, who were SA's responsibility, back to Transkei, there would be a confrontation between the two governments. As the removal of squatters and demolition of their homes continued, there was speculation as to what would actually happen to them. Most of the squatters were Xhosa-speaking, and, accord ing to Mr. R. Roberts of the Cape Flats Committee for Interim Accommodation, about 70% of these were of Transkeian origin. Although many of the squatters simply disappeared into Cape Town's African townships, and some were temporarily accommo dated in tents set up in church grounds and private gardens, the vast majority were ultimately to be sent back to Transkei where there was little likelihood of their obtaining work. Following a meeting with the Concerned Citizens Committee in Cape Town to discuss the problem, Professor M. Njisane, Trans kei Ambassador to SA, said that the SA Government was trying to pass the squatter problem onto Transkei, which simply did not have the resources to house or provide work for a large influx of squatters. He went on to say that Transkei's rulers were begin ning to doubt the wisdom of having opted for independence in the light of SA Government action.' The following day Professor Njisane sent a telegram to the Department of Foreign Affairs calling for the intervention of this Department to stop harassment of squatters being given refuge in temporary camps. (This after 5 Sunday Times, 17 July.
6 See section on squatters. 2 Star, 9 September.
344
A SURVEY OF RACE RELATIONS, 1977
police raids on two such camps.) Three days later Professor Njisane said that he had received no response to his telegram, nor had the SA Government at any stage attempted to contact the government of Transkei in connection with the squatter issue.' At the time of writing it had not been established exactly how many squatters had returned to Transkei. Transkeian Land Claims At the opening of the 14th Annual Congress of the ruling TNIP on 8 March, Paramount Chief Matanzima claimed that the Parliament of the Union of SA had illegally expropriated parts of the Transkei in 1913 and again in 1936, in terms of the Land Acts of those years. He said unless land in East Griqualand, from Port Edward to Port Shepstone, and areas including the towns of Harding in Natal, and Elliot and Maclear in the Eastern Cape, were returned to Transkei, settlement would only be attained by means of an armed struggle. When asked at a press conference to clarify this statement, he said that violence would be resorted to if alternative channels, including diplomatic negotiation or appeal to an international court, had failed." On 18 March the SA Minister of Foreign Affairs, replying to questions raised in the Assembly following Chief Matanzima's statements said that the Governments of SA and Transkei had exchanged views on the Transkeian Government's claim, on historic grounds, to certain districts in Natal and East Griqualand. The SA Government he said, differed fundamentally from the Transkeian Government on this matter, and could therefore not support Transkei's assertion. At the end of March the Committee of Inquiry, chaired by Mr. Justice Steyn, which had been investigating the problem of administration of East Griqualand (resulting from the fact that since Transkeian independence E. Griqualand had been cut off from the Cape, of which it was previously a part), recommended that the boundary between Natal and the Cape Province be changed to incorporate East Griqualand into Natal. The Report rejected Transkei's claims to East Griqualand as being "without any factual foundation or justification," as it had never been a Bantu tribal territory and for the last 115 years had been an area of Griqua, Coloured and white settlement.6 In a motion introduced in the Transkeian National Assembly, Chief Minister Matanzima voiced his Government's strong objection to this move, and threatened to break all agreements with SA and close Transkei's embassy in Pretoria and SA's embassy in Umtata Daily Mail, 14 September. Daily Mail, 9 March. 5 Hansard 8. cots. 666-68. 6 Op. cit., page 82. 3 Rand 4 Rand
TRANSKEI AND SOUTH AFRICA
345
if the recommendation was implemented. He reiterated that an armed struggle might result if Transkei's land claims were not met. Dr. Munnik, Administrator of the Cape, assured Paramount Chief Matanzima that Transkeian citizens in East Griqualand would not be adversely affected by the changeover.' Meanwhile, a week prior to Chief Matanzima's most recent threat of violence, the possibility of annexing the Ciskei, thus uniting all Xhosas into one nation, was raised in the National Assembly. Questioned once more about Transkeian land claims, the SA Minister of Foreign Affairs said that the Transkeian and SA Government had exchanged views with regard to the Ciskei, but that this was a matter to be resolved by the Ciskei and Transkei. In his closing address to the Transkei National Assembly, Paramount Chief Matanzima called upon the SA Government to appoint a committee to investigate the land dispute. He went on to say that, while Transkei appreciated the assistance given by SA in sustaining its economy, it would continue "to condemn the selfish assertions of this white minority group in thinking that all the land in the country belongs to it alone." In August, delivering a speech at Willowvale, Chief Matanzima yet again threatened that Transkeians would resort to violence in order to regain their heritage. The SA Government had hitherto simply ignored his claims for more land. Other Matters Relating to SA Early in January Transkeian diplomatic missions were set up in six SA cities: Johannesburg, Pretoria, Cape Town, Durban, Port Elizabeth and Bloemfontein. Transkeian diplomats, like black diplomats from other countries, are housed in white areas in these cities. The Prime Minister, Mr. B. J. Vorster, paid a three-day visit to Transkei from 10 to 12 January - the first official visit by a Prime Minister. Following talks between the two Prime Ministers, it was announced that they had agreed to hold meetings periodically to discuss matters of mutual concern. The SA Minister of Justice said in the Assembly on 15 March that the SA Government was negotiating with the Government of Transkei with regard to the conclusion of an extradition treaty.' It was reported in the Star of 9 November that the treaty had been signed. The terms of the treaty provide for the extra dition of persons guilty of offences punishable by a maximum sentence of imprisonment for six months or more under the laws of both countries." Extradition may be refused if the offence i3 Star, 17 May, 18 May. Hansard 8 col. 641. 9 Government Gazette No. 5813. 25 November. 7 8
346
A SURVEY OF RACE RELATIONS, 1977
regarded as a political offence by the requested country, and the agreement excludes extradition for offences under military law which are not offences under ordinary criminal law. In mid-September Paramount Chief Matanzima paid an official visit to SA. On his return he said that his talks with Mr. Vorster had been frank and "brutal at times", and that they had come to some amicable solutions, though he did not elaborate as to the nature of these. He also said that Transkei would never seek to disrupt the good relations existing with SA. 10 He made no mention of having discussed either Transkei's claims to more land, or the problem of Xhosa-speaking squatters from the Western Cape. In November, as world condemnation of S.A. grew following the death of Steve Biko and the subsequent spate of bannings and detentions, Mr. N. Massimini, Transkei's representative in the US, wrote a letter to the New York Times supporting moves for the imposition of sanctions against S.A., but pointing out that unless Transkei was accorded diplomatic recognition by the world such sanctions would affect the people of Transkei as well. Chief Kaiser Matanzima immediately denied that Transkei sup ported sanctions, although Mr. Massimini maintained that his letter had been cleared by the Transkei Government. 1 Earlier in December Mr. D. Koyana, Transkei's foreign minister, said in London that his government was not prepared to express an attitude on sanctions then. It was reported that in the event of sanctions being imposed on S.A., certain European countries were considering granting recognition to Transkei in order to provide Lesotho with a link with the sea. 1 The British Home Office said that there was abso lutely no truth in the report. RELATIONS WITH OTHER COUNTRIES
Apart from SA, no country recognised Transkei as an independent state and the territory has been the target of attacks in the United Nations General Assembly. Reacting to UN pro posals that sanctions should be imposed on Transkei, Prime Minister Matanzima said that he would regard such a move as implying recognition of Transkei by the United Nations. Border dispute with Lesotho On 21 December 1976 the Foreign Minister of Lesotho told the UN Security Council that the border between Transkei and Lesotho had been closed, saying that this was tantamount to an act of aggression by SA, which he accused of placing Lesotho 10 Star, 17 September. 11 Rand Daily Mail, 10 November. 1 Rand Daily Mail, 9 September.
TRANSKEI
347
in a state of siege because of his country's resistance to SA's racial policy and refusal to recognise Transkei. He went on to say that Lesotho was suffering economically as a result of the border closure, and would need R60m for a road-building pro gramme to open up areas which had been isolated. Both Transkei and SA denied that the border had been closed, and in a letter to the Secretary General of the UN, Dr. H. Muller, SA Minister of Foreign Affairs, said that Transkei "merely insists, as is its right, on valid travel documents for people crossing the border into Transkei".' (Travellers wishing to go from Lesotho to SA through Transkei are required to take out a Transkei visa, which is valid for multiple journeys over a period of three months.) During January a BBC correspondent reported that the border was in fact open, and that people and goods were passing through the border posts concerned. A bulletin released by the Native Recruiting Corporation in Maseru said that labourers were still passing through Transkei en route to SA's mines. As confusion mounted as to what the position really was, Mr. Molapo stated that it had never been claimed that the border posts were actually barricaded. He went on to clarify Lesotho's charges, saying that the border posts were closed as points of entry into SA, unless Transkei was still a part of SA, and that this was a violation of an agreement between Lesotho and SA which specified that there should be fifteen points of entry between the two countries. The necessity for Lesotho citizens to pass through Transkei and Pretoria's insistence that Lesotho negotiate with Transkei over the issue, constituted attempts on the part of SA to force Lesotho into de facto recognition of Transkei. At the end of January a United Nations team, lead by Ambassador Abdulrahim Farah of Somalia, visited Lesotho to investigate the border dispute. Following the investigation a report was submitted which recommended that a R97,2m aid programme be launched to cut Lesotho's dependence on SA (which had withdrawn its grain subsidies as a result of the dispute) and to help her cope with the emergency situation resulting from the alleged border closures.3 Organisation for African Unity A group of Transkei delegates flew to Libreville at the end of June in an attempt to gatecrash the OAU conference being held there. They were prevented from entering Gabon, however, and the organisation subsequently called once more on member states not to recognise the Transkei or any other Bantustans established by the SA Government. 2 Rand Daily Mail, 23 December, 1976. 3 Star, 5 April.
348
A SURVEY OF RACE RELATIONS, 1977
United States On 9 July Mr. L. Massimini, who had been appointed "Minister-at-large" to represent Transkei in the United States, Canada, Central and South America, flew to Washington. He stated that the purpose of his work was to make contact with in fluential people and to lobby for support in persuading the US Government to recognise Transkei. Following reports of Mr. Mas simini's registration as a foreign agent in Washington, the US Consul in Durban issued a clarifying statement in which he pointed out that such registration was a legal requirement of the Department of Justice and did not in any way imply recognition of Transkei by the US. Mr. Massimini had previously lived in the US and was married to a US citizen, and had thus been allowed to enter the country as a resident alien, and not as a Transkeian Government official. Ecuador and Taiwan An official delegation from Ecuador visited Transkei in April at the invitation of the Transkeian Government. Although Ecuador does not have diplomatic links with Transkei, an official of the Transkeian Foreign Ministry said that discussions were to be held between the Ecuadoran delegation and members of his department on matters of mutual interest to the two countries. Following the arrival of the delegation an invitation was extended to Paramount Chief Matanzima to visit Ecuador. In May a Transkeian delegation visited Taiwan to discuss the possibility of setting up diplomatic relations, but to date there have been no further developments in this direction. As mentioned in the 1976 Survey, Taiwan had expressed willingness to co-operate with Transkei on matters of a practical nature. Although Transkei has not been recognised at an official, diplomatic level, there has been certain amount of foreign invest ment, as is indicated in the section on economic development in the homelands. OTHER HOMELAND DEVELOPMENTS CISKEI
Proclamation R252 of 1977 Following disturbances in the Ciskei,' which escalated after the death in detention of Mr. Steve Biko, Proclamation R252, made in terms of the Bantu Administration Act of 1927, was gazetted on 30 September. Similar to Proclamation R400, which gave emergency powers to the government of the Transkei during the period of unrest following the Pondo revolt of 1960 (and I See Chavter on civil unrest.
CISKEI
349
continued in use until replaced by similar legislation this year), Proclamation R252 extends extraordinary powers to the Ciskei Government. Restrictions are placed on the holding of meetings, which must be authorised by a magistrate. Any person who is the author of "subversive or intimidating statements or actions" will be liable to a fine of up to R600, or three years' imprisonment. Included in the definition of such statements and actions are the organising of or taking part in a boycott, and the treatment of a chief or headman with "disrespect, contempt or ridicule" and failure to render, "in accordance with Bantu law and custom", such services to a chief or headman which should be rendered by the person concerned. The Minister of Justice of the Ciskei is empowered to pro hibit persons from entering or remaining in any part of the Ciskei which he may specify. He may also order the arrest and detention of any person whom he considers to constitute a threat to law and order. Such person may be detained for a maximum period of 90 days without trial, and during that period may only be visited by a magistrate, unless the Minister decides otherwise. The courts of law are specifically deprived of the power to interdict, delay or suspend any decision made or direction given under these regulations, and an indemnity clause prohibits the institution of any civil action arising out of the operation of these regulations against the Ciskeian Government or any official thereof. These powers could be used by the Ciskeian Government to silence its opposition in the general election scheduled to take place soon, as was the case in the Transkei. Thornhill resettlement camp Following the granting of independence to Transkei, the flow of people from the Glen Grey and Herschel districts to resettlement camps in the Ciskei continued. (These districts had been excised from the Ciskei and ceded to Transkei.') Apparently various rumours, such as the promise of land to be "given" to people arriving in the Ciskei, and talk of possible ill-treatment by the Matanzima Government, lent impetus to the exodus of people from these areas. The matter was further complicated by the fact that, for financial reasons, the SA Government had not yet bought and ceded to the Ciskei sufficient land to com pensate for the two areas it had lost. By March 1977, 12 600 persons from Transkei had entered the Pavet-Bushy Park area and 25 300 the Thornhill area, according to SA Government estimates.' Although the Depart2 See 1976 Survey, pge 245. 3 Hansard 7 col. 621.
350
A SURVEY OF RACE RELATIONS, 1977
ment of Bantu Administration and Development had provided some facilities on the farms demarcated as resettlement camps, these were in no way adequate for an influx of thousands of people-numbers which far exceeded the expectations of the authorities whose responsibility it was to make provision for them. Apparently as early as November 1976 the Ciskei Government had been warned that the influx of large numbers of people into the area was likely to pose a serious health risk. According to Dr. Coldham, Secretary of Health for the Ciskei, steps had been taken to remedy the situation, but the continuing inflow of people had rendered these inadequate.' Early in January 1977 conditions at Thbrnhill were given extensive press coverage when it was reported that large numbers of children were dying from gastro-enteritis and diarrhoea, and that adult deaths were occurring as a result of malnutrition and its consequent diseases. It was reported that more than 300 children had died since October 1976 in the various resettlement camps, including Thornhill. 5 Queenstown health inspector, Mr. W. Coetzee, and Dr. Barbara Seidler, at the time the only doctor in the Thornhill area, both stated that babies were dying at a rate of five a day at Thornhill.6 An emergency immunisation campaign was launched to combat the outbreak of a measles epidemic, and the Mpilo Committee was formed by a group of local women who, working in conjunction with Kupugani, set up soup kitchens and rapidly organised an extremely efficient feeding scheme. It was reported on It January that the Commissioner-General for the Ciskei, Mr. J. Engelbrecht, had approached the Minister of Bantu Administration and Development, Mr. M. C. Botha, who had agreed that his Department and possibly the Departments of Health and Social Welfare would contribute towards relief work in the Ciskei. At this time the Ciskeian Government attempted to clamp down on information about Thornhill, saying that the situation had been publicised enough by the press. Following a visit by a number of officials to Thornhill in order to ascertain what aid could be given by the SA Government, it was announced that the death rate had decreased and the situation was under control. Dr. Coldham stated that the death toll at Thornhill was in the region of 69 and nowhere near 300.7 The SA Government, following talks with the government of the Ciskei, undertook to provide powdered milk and soup and to make available between R2 000 and R3 000 a month for the purchase Daily 5 Daily 6 Rand 7 Rand 4
News, 11 January; Rand Daily Mail, 11 January. News, 10 January. Daily Mail - Extra, 5 January. Daily Mail, 13 January.
CISKEI
of food in the stricken areas. The Potato and Citrus Boards were to supply large quantities of oranges and potatoes and work was to start on setting up portable latrines. Despite this it was reported at the end of February that the position at Thornhill was fast deteriorating. According to Dr. Seidler malnutrition was still rampant and vast quantities of foodstuffs and the provision of adequate water supplies and sani tation were desperately needed, particularly with winter approach ing. Apparently the full amounts of foodstuffs promised by the SA Government had not materialised,8 and Chief Lennox Sebe, Chief Minister of the Ciskei, announced that he would appeal to the United Nations and the International Red Cross for aid if matters did not improve. It was reported that the SA Red Cross was on standby, ready to launch a large-scale refugee campaign. The latter offer, however, was turned down by the Ciskei Depart ment of Health. Early in April Dr. Seidler announced her intention of resigning from the Ciskei Department of Health. This came after a number of confrontations with the Ciskei Government, who objected to statements Dr. Seidler had made to the press about conditions at Thornhill. At the end of April two officials from Oxfam visited Thorn hill at the request of the SA Council of Churches. According to them, although there was, of course, hardship, this was being adequately dealt with, and there were no obvious signs of mass malnutrition. During the same week a Red Cross spokesman said, following a visit to Thornhill, that there was no "immediate need for undue concern". On 1 August it was reported that plans were under way to develop the Thornhill area. Some of the schemes envisaged, including an irrigation scheme, were already in progress, while others would be delayed until a number of farms had been taken over and sufficient financial backing found. In addition to various agricultural schemes, a game ranch and two industrial growth points were to be established.' Other Internal Matters There was considerable dissension within the ruling Ciskei National Independence Party (CNIP). During the first week of June Mr. R. F. Siyo, Minister of Health and Welfare, was trans ferred to the less important portfolio for Agriculture and Forestry. He had been accused of advocating the amalgamation of the Ciskei and Transkei, a charge which he strongly denied. During the same week four nominated members of the Mdantsane Town Council, all of whom were known supporters of Mr. Siyo, S Star, 25 February. 9 Daily Dispatch, 1 August.
352
A SURVEY OF RACE RELATIONS, 1977
were removed from their positions, giving supporters of Mr. Sebe the majority. On 17 June Mr. Siyo was relieved of his post as Cabinet Minister. A month later, at the executive congress of the CNIP held in Port Elizabeth, Chief Sebe accused Mr. Siyo and Mr. A. Z. Lamani, chief whip of the party, of working against the CNIP. They and four other members were subsequently expelled from the party.10 The following day Chief J. Mabandla, leader of the Ciskei National Party, appealed to those expelled from the CNIP and to all other opposition members to join forces to topple the Sebe Government. Following these expulsions the CNIP's majority in the Legis lative Assembly was reduced to four. In the general election due to take place early in 1978, it appeared likely that Chief Sebe's position would be challenged. One of the election issues would be the matter of amalgamation with Transkei, to which Chief Sebe was opposed. The most important issue, however, would be the matter of independence. Chief Sebe had indicated that he would be in favour of independence if Ciskei were given all the land due to it and other problem issues were solved; all opposition politicians, on the other hand, had stated their absolute rejection of independence. Chief Sebe stated on a number of occasions that he hoped to convene a constitutional conference along the lines of the Turnhalle, but including international leaders, to investigate and put forward proposals with regard to the feasibility of independence for Ciskei. GAZANKULU
No notable developments took place during the year under review in Gazankulu, homeland of the Shangaan and Tsonga groups, under the leadership of Professor Hudson Ntsanwisi. Following the unanimous adoption of a motion in the Gazankulu Legislative Assembly, the Commissioner-General for Gazankulu had been asked to request the SA Government to give attention to the final allocation of land and fixing of boundaries between Gazankulu and Venda. Concern about this matter was expressed when the Assembly was asked to vote funds for the Klein Letaba water scheme, which was to be built partly in Gazankulu and partly in Venda. KANGWANE (SWAZI)
Chief Mokholoshi Dhlamini, the Chief Executive Officer of the KaNgwane Territorial Authority, was removed from office on 23 June after a no-confidence motion was passed against him. In an affidavit which Chief Dhlamini submitted in an action he subsequently brought against the Minister of Bantu Administra10Rand Daily Mail, 4 July.
KANGWANE
tion and Development in the Supreme Court, Pretoria, he said that in 1976 he had been approached by the Commissioner General of the Swazi, Professor E. F. Potgieter, to sign a reso lution to effect a land consolidation proposal in the homeland. The Chief said it was unanimously agreed at a meeting he con vened on 8 May that he should not sign the resolution. At the June meeting he had reported back in these terms. On 10 November the judge found that Chief Dhlamini had been unlaw fully deposed. The judge ruled the election of Mr. E. J. Mabuza as Chief Minister and six other members, after the deposition of Chief Dhlamini, null and void.' Meanwhile, at a meeting of the executive committee of the Swazi Territorial Authority it was decided that the newly elected chief executive officer, Mr. Enos J. Mabuza, should ask the Commissioner-General of the Nguni to arrange a meeting with the Minister of Bantu Administration and Development to discuss the establishment of a Legislative Assembly for the Swazi people.2 On 21 July, following talks between Mr. Mabuza and the Minister, it was announced that the Swazi homeland would enter the first stage of self-government on 1 October, from which time it would be known as KaNgwane. On 16 September Proclamation R2141 was gazetted, in terms of which the KaNgwane Legislative Assembly was established as from 1 October. Schedule II to the Proclamation lays down the constitution of the Legislative Assembly, which will comprise 36 members, 9 being appointed by each of the four regional authori ties in the area, for a period of five years. No provision has been made for elected members as yet. The Executive Council will consist of a Chief Executive Councillor elected by the Legislative Assembly, and four members appointed by the Chief Executive Councillor. Proclamation R215 makes provision for the estab lishment of five departments for KaNgwane: Authority Affairs and Finance, Education and Culture, Community Affairs and Justice, Works and Agriculture. In addition, proclamations were gazetted containing financial regulations for the government of KaNgwane, regulations for the payment of members of the Legislative Assembly and regional authorities, and rules of procedure for the Legislative Assembly. 5 KWAZULU
Constitutional and Administrative Developments On 1 February KwaZulu was declared a self-governing terri tory within the Republic of SA, in accordance with the Bantu 1 Rand Daily Mail, 11 November. 2 Rand Daily Mail, 1 July. 3 Rand Daily Mail, 22 July.
4 Government Gazette No. 5742. 5 lbid; Proclamations R216. R217. R218 and R219.
354
A SURVEY OF RACE RELATIONS, 1977
Homelands Constitution Act of 1971.6 KwaZulu thus entered the second phase of self-government provided for in the Act. This involves the replacement of the executive council by a cabinet which may take over all matters except foreign affairs and defence, the extension of scheduled matters (for which the Assembly may legislate) and the granting of the power to levy taxes. In terms of Proclamation R12, 7 Zulu was henceforth recognised as an official language of KwaZulu (the other two being English and Afrikaans). In terms of Government Notice R149 of 25 November the first KwaZulu general election will take place between 20 and 24 February 1978. All voters are required to be in possession of KwaZulu certificates of citizenship. The Minister of Bantu Ad ministration and Development said in the Assembly on 1 February that by 31 December 1976 citizenship certificates had been issued to 987 000 Zulus, whereas 1 214 000 had yet to be issued.8 (The delay in proclaiming KwaZulu a self-governing territory was in part due to the deadlock between the KwaZulu and SA Govern ments over the registration of voters as described on page 249 of the 1976 Survey) Chief Gatsha Buthelezi, Chief Minister of KwaZulu, placed the blame for the delay in holding elections on the SA Government, which he claimed was not co-operating in facilitating the registration of voters. He said that it had to be considered whether it would be appropriate to hold elections under the circumstances. In February Mr. J. Dlangamandla an nounced his intention of reviving the Zulu Labour Party, saying that his party would not participate in an election which would only be open to people in possession of citizenship certificates. Nominations for the election closed on 19 December. Inkatha was the only organised movement to put up candidates. The KwaZulu Constitution Proclamation, No. R70 of 1972, was amended by Proclamation R225 of 23 September, which increased the number of executive councillors from five to six. KwaMashu, the large African township adjacent to Durban, was incorporated into KwaZulu on 1 April, and the Constitution amended accordingly. 9 Shortly prior to this KwaMashu had been declared a released area and defined as a township.' According to the Deputy Minister of Bantu Administration and Development it was the intention of the SA Government to transfer the administration of Clermont township to KwaZulu as well, but no date had yet been set for this. 2 6
Government Gazette No. 5387, Proclamation R11, 28 January.
7 Ibid. 8 Hansard 2 col. 89.
9 Proclamation R52, I April. 1 Proclamation R56, 25 March; Government Notice R462, 1 April. 2 Hansard 6 col. 563.
KWAZULU
355
On 1 October the control of all health matters was trans ferred to the KwaZulu Government as set out in Government Notice R1918 of 23 September. Chief Elifas Molefe, leader of a group of Sotho-speaking people living in the Nqutu area, agreed in September to the formation of a tribal authority for his tribe within the KwaZulu Government structure. Chief Molefe had for some time resisted incorporation of his tribe into KwaZulu, although many of his tribesmen were Zulus, as he felt that the language and culture of the Basotho group were being threatened. (The latter group had established a Sesotho-medium school in the area, as the KwaZulu Education Department would not make special pro vision for their children.) Mr. J. Mtetwa, Minister of Justice for KwaZulu, confirmed on 16 August that he had requested the SA Government to extend emergency regulations to include the whole of KwaZulu in order to control faction fighting and enable police to "get evidence concerning murder cases". These regulations, laid down in Proclamation R103, include a 90-day detention clause, and have been in operation in the Msinga district since 1973 when more than 150 people were killed and hundreds of huts burnt in faction fights. The request was not granted. Matters involving Chief Buthelezi Chief Gatsha Buthelezi continued to dominate KwaZulu politics. He consistently attacked the SA Government and its policies and repeatedly rejected independence for KwaZulu. He, in turn, was attacked by Black Consciousness organisations, which felt that he was in effect condoning Government policies by acting within the homeland system. During the 1977 session of the KwaZulu Legislative Assembly a motion was passed calling on the SA Government to recognise Chief Buthelezi as the real leader of SA Africans. Chief Buthe lezi was also urged by the Assembly to continue his meetings with the SA Government, but later in the year he stated that he was considering cutting communication with the SA Government as it was proving futile: the response from the Minister of Bantu Administration and other officials was usually so cursory that it could hardly be called communication.4 In March Chief Buthelezi spent two weeks in the United States, during which time he met President Carter and Mr. Andrew Young. The meeting, initiated by President Carter, was the first to take place between a president of the United States and a SA Black leader. 3 Rand Daily Mail, 17 August. 4 Sunday Times, 31 July.
356
A SURVEY OF RACE RELATIONS, 1977
There was a strong reaction amongst the Indian community to statements made by Chief Buthelezi following an incident at the University of Durban-Westville. When he arrived at the university to take part in a symposium, students demonstrating against the apartheid system and also, according to reports, against him, had taken over the venue, and the symposium had been cancelled. Apparently Chief Buthelezi had said that he would not accept any further invitations to the university, because if he were insulted by the students it could spark off a confrontation between Indian and Zulu communities, such as had taken place in 1949. Indian leaders accused the Chief of making racist statements and of threatening a minority group which suffered the same indignities as other blacks. Chief Buthe lezi's response to these accusations was to deny that his reference to the 1949 riots could in any way be construed as a threat to the Indian community and to attack those people who had censured his remarks. The activities of Inkatha, the national cultural liberation movement revived by Chief Buthelezi in 1975, are described elsewhere in this Survey. 5 LZBOWA Despite speculation that Lebowa might opt for independence, Dr. Cedric Phatudi, Chief Minister of Lebowa, during 1977 con sistently rejected it. In January he stated that to seek inde pendence would be fatal for blacks, who were in any case not prepared to accept only 13 % of the available land in SA. Speaking at a press conference on 15 June in London, where he was attempting to attract English investment to Lebowa, Dr. Phatudi said that he envisaged a federation of multi-racial states, with complete control of their internal affairs and full SA citizenship for all inhabitants, as a solution to SA's political problems. While in London Dr. Phatudi also stated that consolidation of Lebowa (which in terms of the SA Government's final con solidation plans will comprise six blocks) was the immediate priority of his government, which favoured the inclusion of white farming areas in Lebowa to form a multi-racial homeland. Earlier in the year, at a meeting with Mr. M. C. Botha, he had brought up the matter of border disputes with Gazankulu, but the only outcome was a decision that the Lebowa cabinet would give the matter their attention. The decision of Pretoria to create an Ndebele homeland led to a certain amount of controversy (a number of Ndebele tribes live within Lebowa), but was not opposed by the Lebowa Government. Elections were due to take place in Lebowa in February 1978, when the five-year term of office of the present legislative assembly 5 See v. 36
LEBOWA
357
expires. In September it was reported that campaigning was already under way. The split in the Lebowa People's Party (LPP) described on page 251 of the 1976 Survey led to conflict over the assets of the original LPP, which were frozen. Both factions, that of Dr. Phatudi and that of Mr. Ramusi, claimed responsibility for freezing the assets in order to prevent misuse of the money. Both groups still used the name Lebowa People's Party, although it seemed unlikely that the rift between them would be closed. A third party, the Black People's Party, emerged under Chief S. Molepo, and was supported by Mr. Godfrey Sekhukhuni, former treasurer of the LPP. In October there were complaints from local white farmers, who objected to being stopped by Lebowa's African traffic police men. Although they were reportedly informed by the authorities that this was a situation they would have to adjust to, the Trans vaal Provincial Administration announced that a road was being built, at a cost of R4-million, to bypass the homeland. Replying to attacks made on the scheme by Opposition spokesmen (Mr. R. Lorimer of the PRP labelled it "ideological expenditure"), the National Party MPC for the area claimed that the road had, in fact, been planned some years before. Government Notice No. 1282, 22 July, transferred control of motor carrier transportation to the Lebowa Government. NDEBELE
During 1977 the SA Government took the initial steps towards the creation of a tenth homeland when it established an Ndebele Tribal Authority. Prior to 1977 a number of Ndebele tribes (living in Bophutha Tswana and Lebowa) had expressed their desire for their own government. Feelings on this matter were apparently divided, as some tribes wished to remain as they were. In March, after a meeting with officials from the Depart ment of Bantu Administration and Development, three tribes were told that they would be permitted to secede from Bophutha Tswana and, following the establishment of a regional authority for them, would fall under the Department's administration. This move was opposed by the Ndebele People's Front, an organisation which did not favour secession. The Front had stated its belief that the BophuthaTswana Government and the Ndebeles would eventually be able to negotiate satisfactory solutions to various disputes between them (such as that over the medium of instruc tion in Ndebele schools).' After the decision to create a regional authority there was a split in the NPF, as some members who belonged to the three tribes concerned now decided to support secession. 6 1976 Survey, page 330.
A SURVEY OF RACE RELATIONS, 1977
On 20 May Proclamation R871 was gazetted, in terms of which the Mnyamana Regional Authority, to consist of 21 mem bers and superseding the Amandabele-aba-qa-Manola and Litho Ndebele-Ndzunza Tribal Authorities, and the Pungutsha Com munity Authority, was established. On 21 July it was reported that the Amandebele-a-Moletlane Tribal Authority, which had previously been opposed to such a move, had decided to secede from the Moretele Regional Authority and the jurisdiction of the BophuthaTswana Govern ment, and join the Mnyamana Regional Authority. Following a meeting of the chief of the tribe and his councill6rs, at which this decision was taken, a statement was issued saying that this move was being taken "in compliance with the SA policy of separate development", and that the tribe was indebted to the BophuthaTswana Government. Government Notice No. R2021, gazetted on 7 October, pro vides for the establishment of the Ndebele Territorial Authority. Proclamations R253, R254 and R255, gazetted the same day, contain regulations for the new territorial authority, which com prises the chairmen of the Mnyamana Regional Authority and the Ndzundza Tribal Authority and 28 other members, 14 designated by each of these authorities. The establishment of the Ndebele Territorial Authority, whose area of jurisdiction falls in the Grob lersdal area of the North-Eastern Transvaal, does not involve loss of land by the Lebowa homeland, but it is thought that certain North Ndebele tribes may secede from Lebowa to join the Ndebele Territorial Authority. QWAQWA
Since 1970 the de facto population of QwaQwa, homeland for South Sotho-speaking people, rose from 24 000 to more than 180 000.1 This rapid increase is apparently due to the fact that many farm labourers from the Southern Free State, who are extremely poorly paid, are migrating to the homeland, where they can leave their families if they choose to become contract workers on the SA mines. The family of a man leaving the employ of a farmer may not remain on that farm." The fact that many farm labourers, not all of whom were Basotho, were entering the home land was confirmed by the Minister of the Interior, Mr. C. Koekoe. Various groups of South Sotho people in other homelands have stated their desire to become part of QwaQwa. 9 Although no official moves have yet been made, the Chief Minister, Mr. 7 Accorc'ing to Denbo, this figure is probably correct, as their pro'ection, quoted previously, does not allow for unofficial migrants who have entered QwaQwa, many of whom are squatting thre. 8 Rand Daily Mail, 18 January. 9 1976 Survey, page 254.
VENDA
359
Kenneth Mopeli, said that results of a preliminary census in BophuthaTswana showed that 46000 people at Thaba 'Nchu in the Orange Free State and 12 000 at Maboloka in the Transvaal have indicated that they wished to join QwaQwa. He also stated that in the event of their doing do, the SA and BophuthaTswana Governments had agreed that some of the land still to be pur chased for BophuthaTswana would instead be ceded to QwaQwa, in addition to a further 14 000 hectares which QwaQwa is due to receive as part of the SA Government's consolidation plans.1 Mr. Mopeli, too, on numerous occasions expressed his oppo sition to independence in view of the fact that QwaQwa is grossly underdeveloped. In October he predicted that QwaQwa would ultimately unite with Lesotho. As from 1 April 1977 control of health matters was trans ferred to the QwaQwa Government. (Government Notice No. R536). VENDA
In February, following reports that Venda would be the next homeland to opt for independence, the Chief Minister, Chief P. R. Mphephu, said that Venda would not opt for independence until the homeland had been consolidated and a sound economy had been developed. The matter, he said, would probably be discussed during the session of the Legislative Assembly which was due to start on 3 February 1978. Mr. B. Mudau, leader of the opposition, attacked Cabinet plans for independence, following reports that discussions on the matter were to be held with Mr. M. C. Botha. He said that Venda was unlikely ever to be self-sufficient nor would it be able to withstand terrorist attacks which might be launched from Rho desia (to which Venda is adjacent) and it was thus imperative that Venda remained part of S.A. as a whole. He went on to say that his Vendaland Independence Party, which had won 13 of the 18 elected seats in the 1973 elections, should in fact form the Government, but that the ruling Venda National Party main tained its majority in the Assembly through the support of the chiefs, who, he claimed, were being intimidated. Discussions were held between the Minister for Bantu Administration and Development and the Venda Cabinet on 25 August. In addition to the implications of independence for Venda, other matters discussed were the granting of extra land to Venda and the possible establishment of the nucleus of a defence force. (In March a Venda Government motion favouring the latter move was approved following a walkout by the oppo sition.) 1 Sunday Times, 2 October.
360
A SURVEY OF RACE RELATIONS, 1977
Proclamation R276, 19772 The security regulations laid down in this proclamation, introduced after the outbreak of trouble in Venda schools, are identical to those of Proclamation R252 for Ciskei, except that an additional clause includes, in the definition of subversive statements or actions, the threatening of a scholar or by any means influencing him to refrain from attending classes or sitting for any examination. PHYSICAL DEVELOPMENT OF THE HOMELANDS AGRICULTURE1
Dr. Hartzenberg, Deputy Minister of Bantu Administration and Development, addressing the conference of the Transvaal Agricultural Union on agriculture in the homelands, said that agricultural production would have to rise 1 000 per cent above present levels to meet the food requirements of fast growing populations. He stated that although some progress had been made, success had not been achieved in ending the retrogression of resources and improving the image of farming among Africans.' At a conference on fishery development in the homelands it was stressed that the exploitation of fish-producing potential, which was high for all homelands, would be of tremendous importance. Professor R. van den Berg of Fort Hare pointed out that fish production would be one of the most effective ways of providing sufficient protein for growing populations, as lower organisms are more efficient converters of organic material into usable protein forms than, for example, cattle. Planning The Department of Bantu Administration has continued to carry out broad planning for agriculture and research to in vestigate the agricultural potential of the homelands, sometimes3 in conjunction with universities. The Report of the Department stated that agricultural development was seen as a high priority, as in all homelands the majority of the population were engaged in agriculture. According to the Benbo publication, Black Development in SA, planning was undertaken in two phases. Phase 1 entailed the initial settlement and stablisation planning. Phase 2 detailed 2 Government Gazette No. 5777, 19 October. I The Minister of Bantu Administration and Development stated in response to various Questions on agriculture in the homelands, that he was not in a position to disclose
statistical information in view of the fact that Agriculture was a function which had been transferred to the homelands. Difficulty has been experienced in getting reports of the homeland governments, but where possible updated statistics have been given. 2 Star, 26 July. 3 RP 28/1977.
AGRICULTURE IN HOMELANDS
361
agricultural planning and its implementation, aimed at bringing about optimum soil utilisation. The position in 1974 was as follows:, Portion of Surface Area planned
BophuthaTswana ..........
57,3
62,0 Transkei ... ... .... ... ... 78,8 ... ... .... ... ... Ciskei 90,05 ... Gazankulu ......... 75,06 ... ... KaNgwane (Swazi) 49,1 ............ KwaZulu 68,0 ... ... ... .... ... Lebowa 100,05 Ndebele ... ... ... .... ... 100,05 ............. QwaQwa ...... 86,2 ... ... ... Venda Personnel On 12 May the Minister said in the Assembly that 38 people were employed in the Agricultural Advisory Branch of his Department, and were available to render assistance and advice to homelands on request.7 No figures were available with regard to the numbers of agricultural personnel employed and being trained in the homelands. It was announced that a "Sons of the Soil" programme was to be launched in the homelands in 1978 to encourage African youths to study for careers linked with agriculture." The pro gramme, which has received support from the Department of Bantu Administration and Development and homeland govern ments, was to be financed largely by the Anglo-American Cor poration. It would involve the setting of agricultural examinations to test the knowledge and potential of schoolchildren from standard 3 to matriculation level, with prizes and bursaries being awarded to the top students, and the establishment of a variety of training programmes to stimulate interest in agriculture. Projects Administered by the Bantu Investment Corporation' The BIC administered 23 agricultural projects in the home lands in 1976, providing employment for 6 418 Africans. Several farms which became part of the homelands as a result of con solidation had fallen under the Corporation's administration and were being used as agricultural growth points where labour intensive projects were being established. 4 Black Development in S.A., page 108. 5 Refers to Phase 1 planning, rest refer to Phase 2 (except KaNswane). 6 Preliminary estimate.
7 Hansard 15 col. 1084. 8 Star, 18 October. 9 BIC Annual Report 1976. page 5.
A SURVEY OF RACE RELATIONS, 1977 Distribution of BIC agricultural projects
BophuthaTswana Gazankulu Lebowa KwaZulu QwaQwa Kavango, SWA Caprivi, SWA
Grain Sisal Sugar Citrus Dairy Cattle Pigs Poultry farming and feed lots 1 1 1 3 1 2 -1 1 4 2 3 1 3 3 1 2 1 1 I 1 2 1 1 1 1 1 1
Developments in individual homelands during 19761 BophuthaTswana: In accordance with departmental policy Tswana officials were being trained to fill the senior posts held by whites. In addition, there were 150 Tswana agricultural extension officers, whose task it was to disseminate information among farmers. Co operatives have gained popularity, and many applications were received for the establishment of co-ops. The cattle population increased by 10 per cent, though sales dropped, probably due to the general drop in market prices. Transkei: The planning of a large dam on the Umtata River and a water supply scheme for the Libode district was completed. It was also announced that a substantial expansion of the tea fac tory at Magwa was being contemplated. Ciskei: The formation of co-operatives was being encouraged by the Department, who were training secretaries and managers to operate them. Thirty-three co-operatives had already been estab lished. Afforestation of the Yantolo and Ntaba Ka Ndada areas had commenced, and was planned for the Fort Merriman area. A plan had been put forward by the Pineapple Growers Asso ciation for the orderly transfer over six months of pineapple farms valued at R2 m to the Ciskei in 1978. The Association hoped that their scheme would avoid the possibility of the indus try suffering through an unplanned takeover.' Gazankulu: Work was commenced on a number of small high potential irrigation schemes on the Sabie and Levubu rivers, and ten water projects were completed. The two existing co-operative farming projects proved extremely successful. KwaZulu: The afforestation of the Manzengwenya Plantation was completed and commenced on additional land in the Nkanda area. Soil conservation works had been started in several areas, involving the construction of contour roads, ridge roads, access roads and waterways, and the levelling of lands and clearing of bush. 1 Extracted from RP 28/1977. For the most recent available statistics on livestock and crops see 1975 Survey, page 256. 2 Daily Dispatch, 30 July.
AGRICULTURE IN HOMELANDS
363
Sugar cane production continued to be the most important aspect of agricultural activity in KwaZulu, and the SA Sugar Association made advances of more than Rim to Zulu cane growers. The Financial Times of 12 August gave details of a plan devised by Illovo Sugar Estates to boost cane supplies to its mills by assisting African growers. This involved the formation of two public companies to provide management services, training and a medium for processing loans from the Economic Development Corporation to Zulu contractors. Lebowa: Animal and field husbandry projects continued to operate. The possibility of setting up coffee and cotton-pro ducing schemes in addition to existing sisal and citrus projects was being investigated. QwaQwa: Work was commenced on milk and rabbit meat pro duction schemes with the aid of the BIC. A co-operative scheme was also established for QwaQwa farmers. Venda: One new irrigation scheme was constructed and another reconstructed, and a number of water schemes were planned. A large area in the Tshivase district was allocated for further afforestation, and work on the fish-breeding project established at Dzindi continued. Four co-operatives were registered and a further two established. A system was put into practice whereby the allocation of land to unsuccessful farmers was concelled, and reallocated to more successful farmers, giving the latter bigger farming units. Employment in Homeland Subsistence Agriculture 1965-1973 The following estimates were given by Mr. C. Simkins in an unpublished paper, "Measuring and Predicting Unemploy ment in SA, 1960-1977". 3 Mr. Simkins' employment estimates were calculated from figures given in the Benbo publication Black Development in S.A." The consumer price index was taken from SA Statistics, published by the Department of Statistics in 1974. Date
1951/2 1965 1966 1967 1968 1969 1970 1971 1972 1973
Gross agricultural productionin homelands (R thousand) 44880 52548 60 340 49619 58231 54 045 66044 74343 84 348
Op. Cit. Table 12. 4 Op. Cit. Table B. 9.4. 3
consumer price index 60,6 85,0 88,1 91,0 92,6 95,3 100,3 106,4 113,3 124,1
Incomel earner R
Employment estimate (thousands)
46,3 64,9 67,3 69,5 70,7 72,8 76,6 81,3 86,6 94,8
691,5 780,8 868,2 701,8 799,9 705,5 812,3 858,5 889,7
364
A SURVEY OF RACE RELATIONS, 1977
MINING IN THE HOMELANDS
Issued share capital of the Bantu Mining Corporation (BMC) increased from R6 151 976 to R9 131 976 from 31 March 1975 to 31 March 1976. The Minister of Bantu Administration and Development gave the following estimates1 of revenue derived from mining operations by the BMC for each year since its establishment: Republic of SA 1969-1970 1970-1971 1971-1972 1972-1973 1973-1974 1974-1975 1975-1976 1976-1977
... ... ... ... ... ... ... ... ...... ...... ...... ......
South West Africa
R
R
16215 111 168 349866 759 188 782569 391884
55793 47782 65590 125 978 131843 214537
He stated that four mining undertakings managed by the BMC were in operation as of June 1977. They were a chrome mine at Steelpoort in Lebowa, the Fumani gold mine in Gazankulu (providing employment for five whites and 11 Africans), a sodalite mine at Swartbooisdrift in Kaokoland (providing employ ment for 59 Africans and two whites), and a travertine mine in the Taung area of BophuthaTswana' The BMC suffered consistent losses in operations from 1972 to 1977 as indicated by the following figures of losses sustained:3 Republic of SA 1972-1973 1973-1974 1974-1975 1975-1976 1976-1977
South West Africa
R ...... ...... ...... ... ... ......
327848 477 372 616780 685811 954268
R 12 142 108 197 76487 3727 62126
The most significant mining and quarrying operations under taken jointly by the BMC and the private sector in tjie homelands as of March 1977 were the survey of Kaolin in the Mokoreng 3 district of Lebowa, development of which would be undertaken jointly by the tribe and the BMC; and the exploitation of platinum in the Sekhukhune district of Lebowa. 4 The total value of mineral production in each of the home lands during 1976 including operations managed by the BMC and those managed by other companies are given below:' R BophuthaTswana ...... 47462 140 Lebowa ............. 35533 700 Gazankulu ............. 1 250 000 KwaZulu ............ 699 938 Venda ................ 739911 1 Hansard 19 cols. 1277-1280. 2 Hansard 20 col. 1309.
4 Hansard 10 cols. 762-764.
3 Hansard 19 cols. 1276-78.
1 Hansard 10 cola. 764-766.
365
MINING IN HOMELANDS
The Minister stated that 136 prospecting leases and 38 mining leases were granted in the homelands to nine white industrialists, 151 white companies and 151 African-controlled companies. The breakdown for each homeland is as follows: 2 Homeland Lebowa ... ... ... BophuthaTswana ...
Gazankulu ...... Venda ... ...... Swazi
...... KwaZdu Ciskei ... ... ... Kaokoland ...... Damaraland ...... Owambo .........
Number of Prospecting Permissions ... ... 39 42 ... ... 7
Number of Mining Leases 8 19 1
4 ......
6
36
2 1
5
1
Employment, earnings and tax The breakdown in employment and earnings relating to mining activities in the respective homelands for 1976 is given below: 3
BophuthaTswana ... Gazankulu KwaZulu ...... Lebowa ... ... Venda .. , Damaraland ... Kaokoland Owambo ......
Number of producing mines 34 5 12 17 4 2 1 1
Total .............
Number of Africans employed 53 044 379 67 9 984 83 350 59 52 64018
African earnings R 52811235 138274 89 742 7662838 31417 364000 13 436 71 000
61181 942
As compared with 1975, employment decreased by 15 000, chiefly in BophuthaTswana. Under the present agreement the platinum mines in Bophu thaTswana held by Impala Platinum Ltd. and Rustenburg Platinum Holdings pay 13% of their taxed income as royalties to the Bafokeng people. The Impala mine had an after-tax profit of more than R30-m during the 1976/77 financial year. Mr. Byng Jackson, chief executive of Impala Platinum Ltd., stated that after independence BophuthaTswana would receive about 60% or ap proximately R20-m of the mine's taxable income. About 18% of this would be paid to the BophuthaTswana government as company and precious metal tax, while the balance would be 2 Ibid.
3 BMC Annual Report, 1976. v. 13.
366
A SURVEY OF RACE RELATIONS, 1977
royalties paid to the Bafokeng people. Mr. Jackson said that when the company's lease expired in 2003 the mine would be handed over to the tribe. Of the 30 000 Africans employed on the mine approximately 40% came from SA, 2,9% from Transkei, 11% from Botswana and the remainder from other neighbouring countries.' In his chairman's annual statement on the Impala mine for the year ending 30 June 1977, Mr. Ian Greig commented that the price of African labour, forming 50% of costs, rose by 12%. The mine had failed to achieve its planned rate of production for the year of 7 000 000 ounces of platinum, a decrease of 50 000 ounces being recorded. Mr. Greig saw this as a function of the acute shortage of African labour in all three mines in the latter months of 1976, exacerbated at the Wildebeestfontein mine by unrest in November.2 Mining development During the year negotiations were initiated by the BMC with an undisclosed American company concerning the exploitation of a large platinmum-bearing ore body in Lebowa. The ore body was estimated at 30 million tons with a high rhodium content used in the manufacture of motor car emission control catalysts. Plans were under way for the construction of a reduction plant for mined ore at Gazankulu's Fumani gold mine in 1977/1978 at an estimated cost of R2-m. It was announced that Iscor would mine vast coal reserves discovered in the Venda homeland two years ago, comprising one-sixth of SA's total coal reserves. Venda would receive a royalty of 3 %. With an expected production of between 600 000 and one million tons per year this would amount to some R540 000 a year.' TIE PROMOTION OF THE ECONOMIC DEVELOPMENT OF BANTU HOMELANDS AMENDMENT ACT, 1977
This Act which amended the 1968 Promotion of Economic Development of Bantu Homelands Act changed the name of the Bantu Investment Corporation to the Corporation for Economic Development Ltd (CED). Part of the intention of the Amendment Act is to regulate the functions of the CED and the various national development corporations in the homelands. The functions of the CED are to plan, finance, co-ordinate, promote and carry out the development of the homelands in the fields of commerce, in dustry, finance, mining and other busineses either directly or by means of development corporations. The CED may not exercise powers which the Trustee has granted to a national development 1 Rand Daily Mail,
8 June.
2 Star, 15 September. 1 Rand Daily Mail, 24 August
BUSINESS IN HOMELANDS
367
corporation. This gives the corporations greater autonomy in the exercise of their powers in the homelands than previously. The Amendment Act also makes provision for whites, Coloured and Asians to become shareholders in a "Bantu com pany" which previously was controlled by Africans only. The majority of the shares in such a company must be held by Afri cans, or by Africans and the CED or any development corpora tion. This provision has opened up the homelands to development by white and other capital. The Amendment Act also abolishes racial prescriptions which in the previous Act set a limitation on the undertakings of the CED. Whereas in the Principal Act the corporation could only acquire undertakings from non-Africans and sell to Africans, it now may buy undertakings from and sell to any racial group. The lifting of the racial prescription covers other activities of the CED, such as the establishment of industrial concerns, the regulating of loans, debentures, stocks or other monies, the guaranteeing of contracts, its function as a director or agent and its capacity to lend money with or without security. In other words, the CED may fulfill these functions in respect of per sons who no longer have to be African and who wish to under take business in the homelands. The fact that white and other capital would be permitted for homeland development was wel comed by opposition speakers. 1 The activities of the CED have been largely taken over by the national development corporations for the respective homelands.
(See last year's Survey, page 261 for details on the establishment of these corporations). FOREIGN INVESTMENT IN THE HOMELANDS AND TRANSKEI
The CED encourages overseas investment in the homelands. The organisation spent R13 900 and R56 313 in the 1975/76 and 1976/77 fiinancial years respectively in advertising space in America and England to attract foreign investment in the indus trial sector.1 Nearly 40% of all capital invested in the homelands is derived from overseas sources. The SA Government offers over seas investors an indemnity against nationalisation of their con cerns in the homelands. The indemnity runs for the lease of the CED-built premises. 2 As at April 1977, fifteen companies with overseas share holding had been established in BophuthaTswana, KwaZulu, Lebowa and the Ciskei with a total investment of Rl 1,9m. Some of the companies with branches in the homelands were Peugeot (France), General Electric Co (USA), Bata Shoe Com 1 Star, 24 April. I Star, 23 March.
2 Star, 8 September.
A SURVEY OF RACE RELATIONS, 1977
pany (Canada), GEC Machines (England), Panax (USA), Akzo Chemie (Holland), British Steel (England), Weston Hay (Canada), and Wolf (Germany).3 General Electric SA moved its small appliance division to Babalegi in 1973. The firm employed 150 people, 30% of them women who received equal pay for equal work with the men. The plant was run according to US guidelines including substantial in-house training programmes and a single canteen for all workers. The firm had an active liaison committee - but did not have dealings with any trade union. Workers were paid less than the workers in General Electric's Benoni plant, the minimum being 35c to 40c per hour.4 , A French company, Grand Travaux de Marseilles, was con tracted to carry out the preliminary investigations into the development of Transkei's proposed free harbour at the Mngazana River mouth about 20 km south of Port St. Johns. Chief Kaiser Matanzima announced that a commercial and industrial town would be developed around the harbour. 5 An American company, the Intermagnetics Corporation of America, planned to build a Rlm plant at Umtata in conjunction with the Transkei Development Corporation (TDC). It was ex pected that the plant would commence production in February 1978 and would manufacture 20 m tape casettes a year. The American company intended buying 70% of the output.6 INDUSTRY AND COMMERCE IN THE HOMELANDS
Bantu Investment Corporation In its annual report the Bantu Investment Corporation gave the following cumulative details regarding corporation expendi ture in terms of industrial establishment on the agency basis: 1
31 31 31 31 31 31
March March March March March March
1971 1972 1973 1974 1975 1976
Infrastructure Buildings and R Loans R 1430000 1260000 3320000 5340000 4860 000 7 880 000 5570000 13910000 6 180 000 21370000 7197000 35790000
3 BIC Annual Report, 1976, p. 78. 4 Star, 1 September.
Total R
Factories completed
2690000 8660000 14 740 0002 19480000 27550000 419870002
14 46 92 106 121 142
5 Rand Daily Mail, 15 October. 6 Sunday Tribune, 2 October. 1 BIC Annual Report, 1976, p. 8. 2 These totals are incorrect. The necessary corrections cannot be made as it is not known whether the comvonent figures or the totals are incorrect.
BUSINESS IN HOMELANDS
Investment made by the private sector and total African and non-African employment opportunities created were cumulatively as follows:'
March March March March March March
1971 1972 1973 1974 1975 1976
Employment Non-African
Private investment R 2 500 000 12500000 21000000 23 500000 33100000 53879000
Employment African
34 98 246 352 428 578
720 2 980 6268 8 900 10710 14235
An independent estimate of private and corporation invest ment on the agency basis made by Benbo gave the following breakdown per homeland:
KwaZulu QwaQwa BophuthaTswana Lebowa Venda Gazankulu Swazi
Investment PrivateSector Corporation (Capitalinvestment, land and building loans and share capital.) R R 49211 000 6537935 35371375 5 642 963 508 650 402 500 117740
17177262 3707373 997881 1 231 271 82956
These totals and those for the BIC differ. In both cases estimates for Transkei and the Ciskei have been omitted as these fall under the Xhosa Development Corporation and are dealt with later. As at 31 March 1976 the following employment opportunities for Africans and whites had been created through the development of the BIC's own industries:1
KwaZulu QwaQwa ... BophuthaTswa na ... Lebowa ... Venda ... Gazankulu Swazi ...
...
Number employed A fricans White 850* 42 40 3 808 35 3319* 151 84 4 326* 10 32 1
(* includes 300 temporary workers for KwaZulu, 760 for Lebowa and an unspecified number for Gazankulu.) 3 BIC Annual Report, 1976, p. 5. 1 Information supplied by Benbo.
370
A SURVEY OF RACE RELATIONS, 1977
At the time of writing about R35-m worth of assets had been transferred from the CED to the BophuthaTswana National Development Corporation. Included were 465 buses, the industrial estates of Babalegi (near Pretoria), Selosesha (near ThabaNchu), a number of commercial undertakings and the CED's share in 80 functioning factories and another 20 under construction. Private concerns which established industries in the homeland on an agency basis were not involved in the transfer. According to the BIC annual report for 1976 the existing 107 ha industrial area at Isithebe in KwaZulu was extended by a further' 200 ha during that year. It was expected that the first industries would be established in the new area during 1977. Nkowakowa (Letaba) in Gazankulu was being extended by approximately 60 ha and the development of the infrastructure had commenced.' The BophuthaTswana Government had decided to develop ThabaNchu as a formal growth point leading to the development of a basic infrastructure and various industries. It was anticipated that the new capital of Lebowa, Lebowakgomo, would become the focal point for the development of industry in that homeland.2 Xhosa Development Corporation The share capital of the Xhosa Development Corporation (XDC) increased from R63 675 000 on 31 March 1975 to R88 425 000 on 31 March 1976.1 The figure decreased to R13 118 375 as of 31 March 1977 due to the transfer of R80 166 625 to the Transkei Development Corporation Ltd. (TDC), and the Ciskeian National Development Corporation Ltd. (CNDC), comprising R75 244 950 and R4 921 675 respectively. Altogether 449 white personnel were seconded to the TDC and 82 to the CNDC as from 1 April 1976. African employees trans ferred to the corporations numbered 6 433 and 1 015 respectively.' The table5 on the opposite page gives details of agency agree ments on a cumulative basis for the years 1972 and 1976 for the Transkei and Ciskei. Figures for 1977 pertain only to the Ciskei as the XDC Annual Reportnolonger gives details for Transkei. Earnings Wages paid in the homelands are lower than in the urban areas. A furniture manufacturer in Babalegi gave R9,50 per week as the average wage for an unskilled labourer.1 A television 1 BIC Annual Report, 1976, p. 7. 2 Benbo Economic Revue for Lebowa, 1976, P. 36. 3 Xhosa Development Corporation Annual Report, 1976, p. 13. 4 Ibid., 1977, pp. 7, 8. 5 Ibid., 1976, u. 6. 1 Rand Daily Mail, 20 June.
BUSINESS IN HOMELANDS
.0
00
00> '0
fa le10 00
0
000
,r wC)
-1l
~00~>c 00,f4c-4
0
en N000 0
00i
C40
00
u00
cm le C-]0
urC>
0
\.
0q00 0
0 C0>
L.00
m 00
c>0
0.
0
>
0
vi
r4 C-4
%III 0'.A
0. c> 0
3..
.0 C
~00 u
r.
0
rå
0
- 032> 0
5
3-.
u
4ý
te
o
F-4
p,
o
Oý 0
372
A SURVEY OF RACE RELATIONS, 1977
manufacturer in Lebowa started his women workers on R7,92 plus R1,50 per week, rising to a top wage of about R18 per week. Men commenced at R8,22 per week, while an African male supervisor received R40 to R50 per week. Eleven rand per week was the highest wage paid to women machinists at Liebnitz Canvas factory while the men received wages from R10 for an unskilled labourer to R40 to R60 per week for a supervisor.' Commerce The following table' documents the number and amount of business loans for the commercial sector granted by the BIC to Africans in the various homelands over a period of time. BophuthaTswana: Cumulative total Number Amount as of 31 March R1 000's 1971 348 2 951,5 1972 384 3 405,6 1973 410 3 674,4 KwaZulu: 1971 311 1590,2 1972 361 1 895,7 1973 386 2 378,4 1974 412 3 112,6 Lebowa: 1971 202 1 587,0 1975 (September) 298 2 538,0 Gazankulu: 1971 54 259,0 1976 82 462,6 More than 80% of the loans in KwaZulu and Bophutha Tswana were for the establishment of trading enterprises. At the time of writing BophuthaTswana had approximately 1 500 individual businesses, roughly half of them general dealers. The BNDC and the BIC contributed R6,2m towards the estab lishment of 626 of them. 2 Financial aid amounting to nearly R2,7-m was granted to Xhosa businessmen by way of loans and discounting of hire purchase agreements during 1976. For the year ending 31 March 1976 a total amount of R17,9-m was allocated for loans in the Transkei and Ciskei. The table below gives the figures from 1973 to 1976:1 2 Information supplied by the managers of the respective concerns. I Estimates were taken from the Benbo Economic Reviews for 1975 and 1976 for the respective homelands. 2 Financial Mail. 2 December. 1 Xhosa Development Corporation Annual Report, 1976, p. 7. Ciskelan National Develop ment Corporation Annual Report 1977, p. 6.
BUSINESS IN HOMELANDS
In
View more...
Comments
