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Deaths in Exile Executive Summary [This summary serves merely to identify the primary issues in the submission and should not detract from the matters raised in the main document] 1.

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By knowing what happened and why it happened, South Africa will be better placed to ensure that the evil deeds of the past are never repeated.

This submission aims to relate directly to matters within the TRC's jurisdiction, while providing a context within which the points in the submission can be better understood.

It is neither a definitive Thulani madondo comprehensive account of the period under review. Inthe National Party came to power and between andlegislation was introduced to give material meaning to previous racial segregation and discrimination, to limit civil liberties and to suppress political dissent.

Formed inSouth Africa's oldest national political organisation, the African National Congress' core principles were to promote unity, counter racism and work towards equal rights for all South Africans. In the early decades of its existence, the ANC was conspicuously committed to act within the law.

The Sharpeville massacre on 21 Marchand the subsequent banning of the ANC signalled the beginning of a new era in South African history - an era in which repression and conflict were to reach their peak.

Various UN resolutions on liberation struggles are significant in that they: It was argued, and accepted, in the UN that the self-determination of the South African people had not taken place.

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Thus, it would be morally wrong and legally incorrect to equate apartheid with the resistance against it. While the latter was rooted in the principles of human dignity and human rights, the former was an affront to humanity itself.

An examination of relevant international conventions, declarations, resolutions, judicial decisions and the practice of the United Nations and its organs and the practice of regional organisations and states yield affirmation of the following propositions of international law in relation to the apartheid regime: Gross and systematic violation of the provision of the Universal Declaration of Human Rights ofespecially those provisions which must now be regarded as part of customary international law; Apartheid often produced outcomes similar to those of genocide - a practice now proscribed by the international community, leading to criminal sanctions; The policies of apartheid were a negation of the United Nations Charter and against humanity, thereby giving universal jurisdiction for its suppression and punishment, on general principles and by treaty.

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The South African regime had no right to represent the people of South Africa, its illegitimacy arising from systematic breaches of peremptory rule of international law. To entrench and defend Afrikaner and white dominance, the NP set about to transform the judiciary, the army, the police, intelligence services, academia, the civil service, economic and labour relations and parastatals; and it increasingly relied on force.

Apartheid oppression and repression were therefore not an aberration of a well-intentioned undertaking that went horribly wrong. Neither were they, as we were later told, an attempt to stave off the 'evil of communism'.

The ideological underpinning and the programme of apartheid constituted a deliberate and systematic mission of a ruling clique that saw itself as the champion of a 'super-race'.


During the s the government's transgression of human rights became more blatant. Central to the new authoritarianism were sweeping restrictions on political behaviour; an increase in the powers of the police and further subversion of the independence of the courts; and sweeping provisions for detention without trial that created conditions in which the use of torture during interrogation became widespread.

From its inception in the early s, the security legislation and its implementation have generated widespread reports of mental and physical abuse of people held in detention. Individual officers abused their powers of interrogation; interrogation became torture; torture became routine.Soweto Half Day tour, Johannesburg with hotel transfers ideal for corporate cultural teambulding and airport stop overs.

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