TRC Final Report

Volume 1

Chapter 13

Subsection 23

1985 2 November: Emergency regulations amended to prevent TV coverage of unrest without police approval

1985 Immorality and Prohibition of Mixed Marriages Amendment Act No 72:

A Repealed s 16 of the 1957 Sexual Offences Act.

Commenced: 19 June 1985

1985 Constitutional Affairs Amendment Act No 104:

P Amended the 1968 Prohibition of Political Interference Act to allow non-racial political parties. Separate voters’ rolls remained. However, s 3, which prohibited a political party from receiving foreign financial assistance, was re-enacted with technical amendments. The 1968 Act was also renamed to the ‘Prohibition of Foreign Financing of Political Parties Act’ (RRS 1985: 57).

Commenced: 2 July 1985

Repealed by s 230 of the Constitution of Republic of South Africa Act No 200 of 1993

1986 7 March: State of emergency lifted (RRS 1985: 455).

12 June: Countrywide state of emergency declared in terms of the Public Safety Act No 3 of 1953.

Far-reaching regulations prevent the dissemination or publication of information relating to police conduct or any incidents categorised as ‘unrest’ incidents. • Regulation 16 provided that the security forces were indemnified from prosecution or civil liability for unlawful acts committed in good faith. • Regulation 16(3) attempted to exclude the jurisdiction of the Supreme Court to set aside regulations issued in terms of the Act. • Regulation 10 provided for the prohibition of publication or dissemination of ‘subversive’ statements.

Numerous challenges to the regulations resulted in further amendments. Commissioners of Police were authorised to restrict township funerals, impose curfews, prohibit school pupils from being outside their classrooms during school hours and prohibit indoor gatherings by named organisations.

1986 Public Safety Amendment Act No 67:

S 20 June Allowed for any area to be declared an ‘unrest area’ by the Minister of Law and Order, thus avoiding the negative consequences of declaring a national state of emergency. Denied the Supreme Court the jurisdiction to set aside any regulations in terms of the Act.

Commenced: 26 June 1986

Repealed by s 4 of the State of Emergency Act No 86 of 1995