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DETENTIONS:
Rabie Reports
JUBT two days after the flaport of the Rabie Commission
into Security Laglelation ems weds public, trade
unionist Neil Aggett died ehile In security police
ouetody. The Rebie Commissioners put fprewrd certain
propoeale 'with a view to the protection of detainees" x
if this additional 'protection had already been in
fares, could the outcoee of Nell Aggstt'e prolonged
incarceration and interrogation have been different?
Evan the briefest glance at the nable proposals
regarding detention lndlcotes that the Commission
report offers almost no change to the systam of
detention as it currently exists. The section of
( the report dealing elth detention of paopla for
purposes of interrogation offers little comfort for
ttiqae ooncarned elth the conditions under ahich
detainaea are held and questioned. Nor, it eust be"
stated, would the table propoeale have of farad any
additional protection for thota detainees who nave
recently found thaaaelvaa-in the sards of
/Johannesburg's General Hoepltal* For the
racoaaandationa flowing fro- the Coaalsalon report do
little ear* then regulariee and give legislative
legitimacy to the detention ayetaa as it already
* This can be shown by coaparing the Rabie
propoeale with the detention systea as it 9
currently exists* In this regard, see the table
on> this page.
If the heble propoeala had bean in force in
November last year, when Nell Aggett eaa detained
for purposes of interrogation, hoe would his
detention conditions have been alterad? m
m Ha aould have bean visited by a aagistrate every
teo weeks - ahich muet have happened st any rats;
a Hs could have bean examined by a district surgeon -
RABIE PROPOSALS
Visits to dstalneee by a
two week's
tiatrate every
Visits to tfatalneea by a district surgeon"
%y%ry two
Tne setting to of an inspectorate of
detainees, ampowsred to visit detainees
and to sake writtan representations to
the Minister
Police be empowered
to allow people not connected with
Interrogation to see detainees
A 30-day limit be placed on detention
unless the Minuter, on the advice of the
Commissioner of Police, authorises
further attention
After 0 months of detention, a review ~~
board appointed by the Minister must
examine the caea. The board than raporte
to the fctinioter, who may or may not accept
their recommendations as to the release
or continued detention of the detains*
Preventive detention propoaod, together
with a review board to examine auch cases
Potential state witnesses in security
trials may be detained at the discretion
of the attorney general
Any policeman of or above the rank of
warrant officer may detain a person for up
to 46 hours as a preventive measure; a
magistrate may extend this period for
another 12 days on request of the police.
This detention is not for interrogation,
nor does it appaar that the detaining
policeman muet beliave that a crime has
or is likely to be, committed
?ras«v*i ; a*'>::ii' : j
visits to detainee* by a magletrate every
two weeks (section 0(7) of Terra-lam Act
Visits ahare necessary to detainees by s
district surgeon (paction 8 of the police
-rant for detention)
While there is no legislation regarding thlst
much an inspectorate was est up by thenpolice
minister Krugsr after the death of
Steve Biko in 1977
6oth the Consniealoner of Police and the head
oT security police ampowered to grant access
to detainees in to*"** of section 2 of the
police warrant for detention
Section 6(1 J of the Terroriaw Act Allows for"
Indefinite detention- However* ones a month
police are required to lnfona the Minister
why aach detainee ahould continue to be held
(•action 0(2))
nWlaw proceecfinge unoWtaRan by a board
appointed by9 and responsible to the
Minister exist in respect of preventive
detention (section 10 of the Internal
Security. Act.
In terms of aeotlort 6*3) of the Terrorism
Act, a detainee may *t any time mafca
written representatlone to the Minister as
to why he/she should be released. The
Minister may. at eYW time, order the release
of A detainee (flection 6>
Section TO of the internal security Act
provides for preventive detention, together
with a review board to examine auch detentions
Potential state witnesses in security trials
may be detained at the discretion of the
attorney general
Section, 10 of the Internal Security Act
provides for preventive detention.
Section 22 of the « « General Laws
Amenowent Act provides for detention for
interrogation purposes for MP to 14 days.
Any policeman may, if he believes that a
a crime haa bean, or is likely to be
committed, may arn#sf a auapect, and hold
the arrested person for 40 hours before
bringing them to court or releasing them