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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The State president and indemnity under the Defence Act
Author:Van Der Vyver, J.D.ISNI
Year:1988
Periodical:South African Journal on Human Rights
Volume:4
Issue:2
Pages:153-166
Language:English
Geographic term:Namibia
Subjects:political repression
heads of State
impunity
military law
External link:https://doi.org/10.1080/02587203.1988.11827740
Abstract:In November 1986 two officers of the South African Defence Force met in Windhoek, Namibia, to plan a strategy to break up a meeting of the South West Africa People's Organization (SWAPO) that was being planned for 30 November 1986 in the black township of Katutura on the outskirts of Windhoek. Shortly after the arrival at the SWAPO meeting of 54 armed troops, fights broke out, which culminated in a riot. The results of the onslaught were one person stabbed to death, many others seriously injured and extensive damage to property. The two officers and four co-accused had to stand trial in the Supreme Court of South West Africa. However, upon instructions issued by State President P.W. Botha, a certificate was issued directing that the prosecution of the six accused was not to be continued. This paper analyses section 103ter of the Defence Act, on which the indemnity was based, describes the power of the State President to intervene in civil and criminal trials, and how the Minister of Defence issued a certificate that no inquest may be held into the cause of the deceased's death. Ref.
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