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In South Africa there were a myriad of laws that provided for detention of persons under all kinds of circumstances including detention for interrogation; preventative detention; short-term detention; detention of State witnesses, and State of Emergency detention.

Detention II shows a female detainee under the 90-Day Detention Law which was introduced in May 1963.  Persons could be arrested and detained without access to an attorney or notification to family members for up to 90 days without formal charges.  

 

 

30" x 24" Oil on Canvas (2000)                   $2100

 

In reality many were released, only to be re-detained for an additional 90-day period.  This draconian law was replaced on Jan. 10, 1965 with the 180-Day Detention Law.  Helen Suzman, the only woman and only Progressive Party member of Parliament, was the only legislator who voted against the amendment.  While the laws applied to all population groups they ultimately impacted the black majority more than any other group.

Volume II of the TRC’s Final Report indicates that between 1960-1990 there were a total of 80,000 detentions-without-trial of which 10,000 were women and 15,000 children under the age of 18.   During the 1985 and 1989 States of Emergency, 48,000 of the 80,000 detainees were under 25 years of age.  In the late 1970’s, South Africa had one of the highest prison populations in the world, with an average daily prison population of 100,000.*  The wide ranging powers of the police, including an extensive indemnity provision and lack of censure for excesses, reinforced the police’s understanding that they enjoyed impunity for extensive abuses committed in the interests of state security.

Detainees were subjected to a variety of the most inhumane treatment including interrogation at gunpoint;  subjection to electric shocks; tear gassing in confined spaces; kept naked during interrogation; forced to do physical exercise and remain in forced positions while interrogated; brought to points of suffocation with a wet bag placed over their heads; pressure to sign false documents;  accused falsely and threatened with violence; deprived of food and sleep, and inflicted with torture, cigarette burns, beatings and whippings.  

                                     
* Population in South Africa in 1980’s was 30 million.

 

 

 
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