- The inquest into the death in detention of Steve Bantu Biko is a notorious recent example.
- Human Rights and the South African Legal Order (1978) 136.
- TPD September 1984 Case No 2/83, unreported.
- Page 75 of the typed judgment.
- Page 78 of the typed judgment.
- 384 US 436 at 448.
- NPD July 1977, unreported. More fully discussed in the writer's ‘The DDD Syndrome: Solitary Confinement and a South African Security Law Trial’ in A N Bell & R D A Mackie (eds) Detention and Security Legislation in SA (1985) 121.
- Page 507 of the typed judgment.
- Op cit 325–6, 333–40, 359–60.
- A witness in the Gwala trial.
- 1976 (3) SA 745(D).
- NPD June 1985, Case No ARI 118/84, unreported. In a remarkable recent decision in the Eastern Cape the court granted an interim interdict restraining the police from physically assaulting certain named detainees and all detainees in their custody generally. A junior district surgeon, Dr Wendy Orr, was one of the applicants in this case. One would like to think that the case marks a new era of activism by district surgeons, who are among the few categories of persons who are permitted to visit detainees. But there have been subsequent press reports that Dr Orr is being ostracised by her colleagues and that she is being discriminated against in her employment.
- Note 6 above at 448.
- At 457–8.
- There is a fairly detailed summary of Dr West's evidence in J G Riekert (n 7 supra) 129–133.
- Page 3398 of the trial record in Gwala.
- A Study of Detention and Torture in South Africa: Preliminary Report (1985).
- Op cit 53.
- Page 3399 of the trial record in Gwala.
- J Dugard ‘Judges, Academics and Unjust Laws: the Van Niekerk Contempt Case’ in (1972) 89 SALJ 271 at 272.
- 1938 OPD 85 at 89–90.
- 1945 NPD 146 at 146–7.
- 1946 OPD 328 at 330.
- 1974 (3) SA 322(C) at 323H.
- UG No 47/47.
- RP 78/76.
- The phrase is that of Chief Justice Steyn.
South African Journal on Human Rights
Volume 1, 1985 - Issue 3