S.A. court strikes at heart of emergency

Press, 13 August 1986, Page 10

S.A. court strikes at heart of emergency

NZPA-Reuter

Johannesburg The Natal Supreme Court has ruled today that an emergency decree used by the South African Government to detain thousands of people is invalid.

The judgment, issued in Durban, was the biggest blow yet struck by the judiciary against the two-month-old nation-wide state of emergency. The Government has appealed against the judgment Lawyers said that unless the President Mr Pieter Botha, issued new regulations, it could lead to many or all of the detainees, believed to number more than 5000, being freed. The ruling declaring the first part of Clause Three — the power of detention — “ultra vires” (legally invalid) was given as other sections of the emergency powers were challenged in the courts. Four publishing companies, which own most of South Africa’s English-lan-guage newspapers, began a-case in another Natal Supreme Court, aimed at removing sweeping press curbs in the regulations.

The Government filed an immediate appeal against the Durban judgment ordering the release of Lechesa Tsenoli, a community organiser from the nearby township of Lamontville. Mr Tsenoli, a local publicity secretary of the United Democratic Front, was detained on June 12, the first day of the emergency.

His lawyers filed an application against Mr Botha, the Law and Order Minister, Mr Louis le Grange and the Justice Minister, Mr Kobie Coetsee, arguing that Clause Three was invalid.

The court agreed and said the State could detain people only if it would help bring about the end of the state of emergency. Messrs le Grange and Coetsee were ordered to release Mr Tsenoli and pay Court costs. State lawyers told the Court that Mr Tsenoli had allowed his home to be used for weapons training. He denied this after his release.

“Yesterday was the sixtieth day of my detention. My first priority is to be with my wife and chll-

dren,” he said. Several previous Supreme Court rulings have trimmed the emergency powers, the introduction of which fuelled the foreign sanctions campaign against Pretoria. In one case, Mr Botha reacted by issuing new regulations replacing measures struck down by courts. South Africa has six Supreme Court divisions. Appeals from them are heard in the Bloemfontein Appeals Court, the country’s highest legal body. Mr Tsenoli's lawyers cabled the authorities, demanding the release of 70 other detainees they represent. Other Durban lawyers said the ruling would open the gates to a flood of similar applications.

In Pietermaritzburg, the capital of Natal, newspapers challenged six sections of the emergency code, which severely restrict news media coverage and give the Government power to shut down presses. >.•■■■

After the Durban ruling the Judges called an adjournment to study its implications.