S.A. Judiciary Criticised

Press, Volume CVI, Issue 31187, 11 October 1966, Page 17

S.A. Judiciary Criticised

(N.Z. Press Assn. —Copyright) NEW YORK, Oct. 10.

A United Nations report charged that South Africa’s judiciary had lost its independence and had become the servant of the Government’s apartheid policy.

Padma Bahadur Khatri, of Nepal, an official of the United Nations Special Committee on Apartheid, drew up the paper as “Notes on Developments in the Republic of South Africa” since that committee's report of August 10, 1965. “The power of the courts,” he says, “has been made largely ineffective by reason of a mass of repressive legislation, which denies them any jurisdiction, whereas the Government has not hesitated to use it to implement other legislation, which patently violates the fundamental principles of the rule of law. “The judiciary, notorious as an instrument serving the cause of apartheid—the judges and magistrates are all white —has lost even the independence maintained by it in the past, especially at the high levels, and has perforce become the handmaiden of a racially-inspired Government. “Even within the limits of the language of the law, the judiciary has more often than not tended to accept an interpretation less concerned with the rights of the victims than those of the oppressive regime. “This presumably on the assumption that the police power of the State was of greater significance in the present emergency, and that the rights of individuals must give way before it. “The courts have freely admitted evidence of witnesses, whose testimony has been obtained after a threat of detention or who have in fact been detained under inhuman conditions.

“The judges have turned a blind eye to even the most brutal treatment of detainees when brought to their attention. “The result has been the inevitable and increasing loss of confidence in the judiciary.” The report also said that “while some members of the bar have courageously opposed the inroads into the rule of law, many others seemed to have succumbed to the fear of Government or seem to share its view that the application of the rule of law is inappropriate in this emergency.” It said the Association of Law Societies of Southern Africa refused to oppose a bill that gave the Minister of Justice power to debar lawyers on political grounds. The Transvaal Law Society refused to protest against the ban imposed on Miss Ruth Hayman for defending political prisoners. The report said the Government had intensified “repres-

sion against the leaders of the non-white population and all opponents of apartheid, kept scores in solitary confinement as possible witnesses, and restricted about 600 by house arrest for banning orders.” “Opponents of apartheid,” it said, “face the prospect of indefinite persecution unless they can leave the country.”

Visit Postponed. The Soviet President, Mr Nikolai Podgorny, had postponed "for several days his State visit to Austria, due to begin tomorrow, for health reasons, it was announced last night. —Vienna, October 10.

Eisenhower Denial.—General Eisenhower, who said earlier this month that he would not preclude the use of any means to achieve a quick victory in Vietnam, today denied that he was advocating the use of nuclear weapons.—Gettysburg, ■ October 10.