Randolph Vigne

KENNETH M ACK ENZIE writes:

Next Tuesday, Randolph Vigne, a young South African journalist (who has written for the Spectator), is to appear in the magistrate's court at Umtata, in the Transkei, in a case of considerable importance to those who care about the freedom of the press or about the reporting of South African affairs.

Vigne is charged under the draconian emer- gency regulations that were proclaimed for the Transkei in November, 1960, after an uprising in Pondoland. His alleged offence took place in January, 1962, long after the uprising had been crushed. The emergency regulations see

still in force then and they are still in force now. The charge arises out of a cable Vigne sent from Umtata to the liberal newspaper Contact in Cape Town. According to the charge sheet, this cable was 'wrongfully and unlawfully intended to or likely to subvert or interfere with the authority of the State . . or a chief. namely Chief Matanzima.' There are two counts: that Vigne published this subversion by 'making a statement in writing . . . to officials of the Department of Posts and Telegraphs by handing in for transmission a certain press telegram'; and that the statement was published by the distribution in the Transkei of the Contact that contained Vigne's story.

The first count is the dangerous one, from the general press's point of view. If simply hand- ing in a cable which is disrespectful of authority ',no matter where the cable is to be published) is an offence, for which penalties up to three Years' imprisonment and a £300 fine can be im- posed, then frank reporting obviously becomes impossible. At present this only affects the Transkei, but the whole of South Africa was under emergency regulations after the Sharpe- ville shooting, and the same thing will happen in any future uproar.

This is also the more cynically unjust count. Clearly handing in a cable cannot in itself inflame the Pondos or incite anyone to rebellion except post office clerk. The Government is showing Jiat it is prepared to use a technicality to stifle the exposure of abuses.

Vigne, of course, will defend himself. This is the cable he sent:

Some examples of the suspension of the rule of law in the Transkei:

I know that the Tsomo, Ngamakwe, Butter- worth, Engcobo, Umtata, Ngcjeleni and Um- zimkulu gaols contain froin a few to a dozen emergency prisoners each. The majority have not even been questioned after six months in gaol. The prisoners are mostly illiterate peasants unaware of the fate of their families, stock and crops after long unexplained captivity.

In Matanzima's Tembuland, however, emer-

gency imprisonment is only a small part of the legalised tyranny. The chief's court continually extorts fines up to R40 (£20) for Aisobedience,' 'disrespect' or even failing to cater (kill a beast) for chief George Mzimvubu Matanzima. I have seen the criminal summonses for these crimes. An unknown number of appellants and others have been deported to distant locations without their stock. Their homes were knocked down.

Proclamation 400 of 1960 allows an appeal to the chief magistrate against a deportation order. I have seen such an appeal of five Tembus set aside in a ten-line letter from B.A.D. in- formation officer Leihrandt after six weeks delay.

Cofimvala's additional magistrate Putter fined

twenty-one undefended peasants R200 (£100) or twelve months for holding an illegal meeting. Eleven who were defended were later acquitted, but four of these on leaving the court were seized under emergency regulations and gaoled.

Matanzima should perhaps explain that Chief George is the brother of Chief Kaiser Matanzima, who is now 'Prime Minister' of the Transkei. Chief George is 'Minister of listice? It was recently revealed that the Supreme 'on had debarred him as a solicitor because irregularities in dealing with his clients' money, 13.,_uit that has not caused him to resign as Minister of Justice.'

claim that everything he said was rIel.e. He has been hampered in his defence by b Ing confined to Cape Town and being banned ,Inder the Lore .-,,Q-170pression of Communism Act (be- the ban he was national vice-president ot the Liberal Party, but Liberalism and Com- munism are all the same to Mr. Vorster). He faces another charge in Cape Town next month of breaking this ban, the allegation being that he met a number of Transkei Africans. When Vigne goes to Umtata for the case a special magistrate's instruction lays down that he will be accompanied all the time by a police captain. It is worth noting that the South African Government is taking considerable trouble to en- sure that the world shall not have the facts avail- able for a genuine debate on apartheid.