African Activist Archive

Contents: I. INTRODUCTION • II. WHAT IS "GOOD FAITH"? • III. SHOULD A PRESUMPTION OF GOOD FAITH APPLY TO SOUTH AFRICA? • A. Crisis of Wills Rebut Presumption of South African Good Faith • B. Record Rebuts Presumption of South African Good Faith • C. I.C.J. Advisory Opinion Principles Rebut Presumption of South African Good Faith • IV. HOW MAY THE UNSR PROCEED IN HIS OVERSIGHT OF SOUTH AFRICA GIVEN THE ABSENCE OF A PRESUMPTION OF SOUTH AFRICAN GOOD FAITH? • Paper by Henry J. Richardson III, Professor of Law at Temple University and International Scholar at the Joint Center for Political Studies for 1988-1989, on behalf of the Southern Africa Project of the Lawyers' Committee for Civil Rights Under Law. The paper says the League of Nations created a mandate at the end of World War I which directed South Africa to assist Namibia in its move toward independence. The United Nations General Assembly revoked this mandate in 1966, citing South Africa's repeated abuse of its administrative control over Namibia. In a 1971 decision, the International Court of Justice (ICJ) recognized the legitimacy and effects of the revocation of the Mandate and called upon South Africa to withdraw from Namibia. South African's continued occupation of Namibia is illegal. The paper discusses Security Council Resolution 435 (1978), the U.N. Special Representative (UNSR), internal repression, regional destabilization, violation of regional peace treaties, intimidation by police, the Administrator-General, international law, the right wing, control internal resistance, linkage, the withdrawal of Cuban troops from Angola, the Conservative Party, SWAPO, a fair election in Namibia, black South African resistance to apartheid, the South African military, the National Union for the Total Independence of Angola (UNITA), the UN Trusteeship System, racial discrimination and separation, natural resources, uranium, copper, exotic furs, Walvis Bay, human rights, the Separate Opinion of Judge Lauterpacht, the 1956 ICJ Advisory Opinion, Special Measures, United Nations Security Council Resolution 632 of February 16, 1989, Namibia's independence process, occupation laws, troop reduction/withdrawal, the police force, allegations of clandestine South African 'dirty tricks' affecting the electoral process, reports of cease-fire violations, repeated attacks on candidates or their supporters, and arrests of numerous South African opponents.

African Activist Archive

SOUTH AFRICA'S MANAGEMENT OF ELECTIONS IN NAMIBIA: CAN GOOD FAITH BE PRESUMED?

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