S. Africa Ban on ‘Subversive’ Statements Voided as Vague : Court Upholds Most Emergency Rule Provisions

A three-judge panel today upheld the national state of emergency but voided as too vague some of the government’s definitions of “subversive statements” banned under the emergency decree.

The ruling by the Natal province Supreme Court means that most aspects of the state of emergency imposed June 12 remain in effect. A mainly black union had challenged both the state of emergency and the regulations issued under it.

Justice John Didcott told a crowded courtroom that several aspects of the definitions on subversive statements were “hopelessly uncertain.” The ruling immediately voids those definitions, although both sides can appeal.

Emergency powers still in force are detention without charge, curfews, sealing off areas and the power to shut down publications. However, the court ruled illegal a ban on giving detainees access to lawyers, and said such access must be granted.

Only One Clause Lawful

In his opinion on the suit filed by the Metal and Allied Workers Union, Didcott said just one of the six clauses defining a subversive statement was precise enough to be lawful.

That clause forbids disseminating statements that incite people to participate in unlawful strikes, boycotts and processions or civil disobedience, or to oppose compulsory military service.

The court found fault with phrases in three of the clauses and voided two of the clauses in their entirety. The two clauses bar statements that advance the object of any unlawful organization and that engender hostility between one person or group and another.

“It is unintelligible,” Didcott said of the latter clause.

Precluded Political Report

When final arguments were heard Tuesday, Didcott said of the emergency proclamation, “Nobody can be sure any more when he is committing an offense and when he is not.” He said the regulations on subversive statements precluded “just about any political description of or political report on South Africa.”

The union had contended that the regulations were void because they were vague and because President Pieter W. Botha announced them simultaneously with the emergency decree, rather than proclaiming the emergency first.

The union also argued that the state of emergency was illegal because Parliament was not informed within 14 days of its imposition. The court accepted the state’s argument that Parliament had recessed before the 14 days were up and that the regulations could be presented to lawmakers when their session resumes Aug. 18.

Also today, 17 blacks died in civil strife, five of them shot and killed in a clash between authorities and a crowd of 2,000 women and children in the Soweto black township, ghetto sources said.