Saturday, February 3, 1990

SOUTH AFRICA'S NEW ERA; SOUTH AFRICA'S PRESIDENT ENDS 30-YEAR BAN ON MANDELA GROUP; SAYS IT IS TIME FOR NEGOTIATION

President F. W. de Klerk today lifted a 30-year ban on the African National Congress, the movement that has been fighting to bring down white minority rule in South Africa, and promised that Nelson Mandela, who has been imprisoned for nearly 28 years, would be freed soon. The moves were disclosed in a package of sweeping changes that Mr. de Klerk announced in a speech at the opening of Parliament today. Mr. de Klerk's program, which went beyond what virtually all his critics expected, appeared intended to clear the way for negotiating the country's future with his strongest black opponents, and also to put the onus for the next move on the opposition.

The African National Congress followed a policy of nonviolent resistance to white rule for decades before it was declared illegal in 1960. Thereafter, it organized a military force in exile and waged a campaign of bombings with underground operatives inside South Africa. Although the group was banned, its influence continued to grow in recent years, to the point that not only black leaders from inside South Africa but white business executives and politicians began flying regularly to Lusaka, Zambia, to meet with its exiled leaders. By legitimizing the movement's role in South African political life, President de Klerk appeared to be seeking an end to the era of violent confrontation. But he left uncertain the distance he was prepared to travel toward the movement's goals of ending white dominance and dismantling the legal structure of apartheid.''Hostile postures have to be replaced by cooperative ones, confrontation by contact, disengagement by engagement, slogans by deliberate debate,'' Mr. de Klerk told Parliament in calling for the Government's opponents to join the negotiations he has proposed. ''The season of violence is over,'' the President said. ''The time for reconstruction and reconciliation has arrived.''

Thousands of people took to the streets of major cities to cheer the announcement and call for more change. The demonstration here concluded peacefully, but in Johannesburg, police officers acting under regulations that remain in force broke up a march into the city center with tear gas and night sticks. Prominent critics of apartheid praised Mr. de Klerk's move, although they stressed the need for more concessions by the Government. But Mr. de Klerk's announcement was criticized by the country's most prominent right-wing white leader, who called for new elections.

Mr. de Klerk promised that Mr. Mandela, the imprisoned leader of the African National Congress who is a hero to much of the country's black majority, would be freed soon but declined to say when. His release has been seen by Pretoria's opponents at home and abroad as a major test of Mr. de Klerk's intentions to move away from apartheid, the system of racial segregation and white domination. ''I wish to put it plainly that the Government has taken a firm decision to release Mr. Mandela unconditionally,'' Mr. de Klerk said. ''I am serious about bringing this matter to finality without delay. The Government will take a decision soon on the date of his release. Unfortunately, a further short passage of time is unavoidable.'' Mr. de Klerk attributed the postponement of Mr. Mandela's freedom to ''factors in the way of his immediate release, of which his personal circumstances and safety are not the least.'' The President, as well as other Government ministers, refused to explain further. But Stoffel van der Merwe, Minister of Development Aid and Education, which encompasses the education of blacks, briefed reporters on Mr. de Klerk's speech today and told them that ''I don't think we will see Christmas with Mr. Mandela in jail.'' Others informed about the Government's thinking expect Mr. Mandela's release to come within weeks, if not days.

The 71-year-old anti-apartheid leader, who is living on a prison farm outside Cape Town, has been quoted by recent visitors as demanding that the Government improve the political climate before he leaves prison. The conditions mentioned included the legalization of the African National Congress, the release of political detainees, the lifting of the national state of emergency decree and an end to political trials and executions.

Mr. de Klerk appeared to cover most of those demands as he repeated his willingness to discuss a new constitution that would give political rights to the black majority without forcing the white minority to relinquish power. ''With the steps the Government has taken, it has proven its good faith and the table is laid for sensible leaders to begin talking about a new dispensation, to reach an understanding by way of dialogue and discussion,'' Mr. de Klerk said. The other changes announced by Mr. de Klerk included these:

* Emergency regulations curtailing the freedom of press will be repealed, except for unspecified conditions limiting photographic and television coverage of racial unrest.

* Restrictions on 33 organizations whose activities were curtailed under the national state of emergency decree will be lifted.

* Restrictions on the movements and contacts of 374 people released from detention are to be lifted and the regulations hampering their freedom are to be abolished.

* Political detentions will be limited to six months, and detainees will have the right to legal representation and a doctor of their choice.

Opponents of apartheid have estimated that 30,000 people have been detained since the national state of emergency decree was imposed in June 1986, and many of those were held indefinitely without access to a lawyer or doctor. In addition to the African National Congress, the most prominent groups whose activities will no longer be restricted are the South African Communist Party, a longtime ally of Mr. Mandela's group, and a rival, the Pan-Africanist Congress, which places greater stress on the role of black leadership in the anti-apartheid struggle.

The list also includes the United Democratic Front, a coalition of anti-apartheid parties, the South African National Students Congress, the Congress of South African Trade Unions, a labor federation active in the struggle against apartheid, the National Education Crisis Committee, and the White Freedom Movement, a right-wing paramilitary group promoting white racial supremacy, which was banned in December 1989.

Mr. de Klerk acknowledged that the national state of emergency regulations remained in force, but said they would now inhibit only those who used chaos and disorder as political weapons. ''It is my intention to terminate the state of emergency as soon as circumstances justify it and I request the cooperation of everybody toward this end,'' the President said. The changes announced today, while probably the most dramatic announced by any South African President in a single speech, leave in place the basic structures of apartheid, including the Population Registration Act, which classifies every South African by race, and the Group Areas Act, which enforces the segregation of neighborhoods. Blacks also remain largely excluded from the political process.

The country is governed by a three-chamber Parliament, representing whites, Asians and people of mixed race, and a President elected by the legislators. Blacks, who represent about 75 percent of the total population of 38.5 million, have no representation. But Mr. de Klerk said the Separate Amenities Act, which has allowed municipal officials to bar blacks from publicly owned centers, installations and facilities, would be repealed by Parliament in its current session, as he had promised late last year. Mr. de Klerk further announced that the Government would confine the use of the death penalty to what he called ''extreme cases,'' in part by allowing judges greater discretion in imposing it. ''The net of extenuating circumstances will be substantally increased,'' Foreign Minister Roelof F. Botha, a confidant of Mr. de Klerk, told reporters. Under current South African law, a judge is required to sentence a defendent to hang if the defendant is convicted of a capital crime.

Critics of apartheid have viewed the death penalty as an instrument of repression, because blacks account for most condemned prisoners and because capital punishment has been applied in politically motivated crimes. Mr. de Klerk said those sentenced to death would automatically be granted the right to appeal their sentences, which is now at the judge's discretion. Those changes, he said, would be extended to those currently on death row. ''Therefore, all executions have been suspended and no executions will take place until Parliament has taken a final decision on the new proposals.'' he said. ''In the event of the proposals being adopted, the case of every person involved will be dealt with in accordance with the new guidelines.''

Taken altogether, the changes announced by Mr. de Klerk amount to a significant reconsideration of the Government's policy toward dissent, because they appear to address most of the complaints by the anti-apartheid movement about Government repression. Prominent members of the anti-apartheid movement reacted with optimism tempered by caution. They attributed the changes to the domestic and international pressure applied against Pretoria, not to Mr. de Klerk's boldness.

At a news conference called here by the United Democratic Front, its publicity secretary, Patrick Lekota, said Mr. de Klerk's speech showed that international sanctions against South Africa worked and that the measures should be maintained and intensified. ''To lift sanctions now will be to run the risk of aborting the process toward democracy,'' Mr. Lekota said. But Dr. Andries P. Treurnicht, leader of the right-wing Conservative Party in Parliament, called Mr. de Klerk's speech shocking. He demanded that Mr. de Klerk, whose National Party was returned to power last September, hold a new election to see how much support whites would give him now.

The regulations enacting most of the changes, which take effect immediately, are to be published in the Government Gazette beginning tomorrow. Mr. van der Merwe said the Government had not set any conditions on the legalization of the African National Congress, which has been outlawed since 1960, or on its resumption of political activity. He also said members of the organization living in exile could return home without fear of punishment, as long as they had not been charged with criminal offenses. And he said members held in South African jails for illegal political activity, though not crimes, would be released.

Source: New York Times

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