African Activist Archive

Paper by Attorney David Smuts at the Seminar on the Legal Aspects of Apartheid sponsored by the Lawyers' Committee for Civil Rights Under Law and the American Bar Association's Section of Individual Rights and Responsibilities and its Standing Committee on World Order Under Law. Smuts discusses one of the most extreme examples of executive interference in the legal process in the ousting of a Court's jurisdiction by executive decree in Namibia in 1984 in the case of Kauluma and Others v Minister of Defence and Others. Smuts discusses the May 5, 1978 raid by elements of the South African Defence Force into Angola where they captured a number of people in Cassinga who were then taken across the border and held in northern Namibia for some months before being transferred in detention to a camp near Mariental. The paper discusses Security Legislation, the South African Defence Force (SADF), writ of habeas corpus, unlawfully abducted, the Minister of Justice, the South Africa State President, the South African Defence Act, proceedings in a court of law, terrorism, an operational area, Security Districts Proclamation, AG 9 of 1977, the Administrator-General, indefinite detention, lawful custody, access to lawyers, extensive detention powers, defence lawyers, the South African Appellate Division, apparent Police assaults on state witnesses, the special police, Koevoet, interrogation, extermination, Supreme Court, "kopgeld" (bounty money), insurgent, programmed killers, SWAPO, the South West Africa Bar Council, the Board of Inquiry, unlawful conduct, Justice Brandeis, State v Mushimba and Others, the Appellate Division, the Security Police, Security Forces, and attorney and client privilege.

African Activist Archive

Executive Interference in the Legal Process in Namibia

SEMINAR ON THE LEGAL ASPECTS OF APARTHEID

Edition

Creator

Place Created

Date

Type of Item

Length/duration

Description

Publisher

Organization

Coverage Africa

Language

Digital Format

Rights Management

Collection