(2) Notwithstanding the provisions of any other law, a chief or headman in the exercise of jurisdiction under sub-regulation (1) shall have power to impose a fine not exceeding one hundred rand or four head of large stock or twenty head of small stock or, in default of payment of the fine, impose a sentence of imprisonment not exceeding three months.

(3) Such chief or headman shall cause a written record to be kept, in triplicate, of every trial in terms of sub-regulation (1) which shall reflect the following particulars:

(a) Name of the accused;

(b) offence with which the accused is charged;

(c) date or dates of trial;

(d) result of trial;

(e) sentence imposed;

(f) date on which sentence was imposed.

(4) Whenever such chief or headman shall have imposed on any person a sentence of imprisonment in default of the payment of a fine, he shall, if the whole of such fine is not paid forthwith or within a period specified by him, arrest such person or cause him to be arrested by his messengers and shall within forty-eight hours bring or cause him to be brought to the Native Commissioner in whose area of jurisdiction the trial took place, and shall cause the original of the record referred to in sub-regulation (3), together with a certificate signed by such chief or headman that the whole of the fine, or such portion of the fine as indicated therein, has not been paid, to be delivered simultaneously to that Native Commissioner.

(5) The Native Commissioner shall in respect of a person brought to him in terms of sub-regulation (4), upon being satisfied that the whole or any portion of the fine imposed on such person has not been paid, issue a warrant for the detention of such person in a prison or gaol for a period, not exceeding three months, specified in such warrant as if, the sentence of the chief or headman was a sentence of a Magistrate's Court.

(6) Such chief or headman shall after the conviction and sentence of any person hand to that person a copy of the record referred to in sub-regulation (3), and shall himself retain the triplicate copy of such record.

(7) Save as provided in sub-regulation (2) in regard to the amount of the fine and the alternative term of imprisonment which a chief or headman may impose, the provisions of sections 4 and 5 of Proclamation R348 of 1967 shall apply in respect of any trial in terms of sub-regulation (1) of this regulation.

PART VII
PROHIBITION ORDER

13. (1) The Minister may without prior notice to any person concerned, issue an order against any person, prohibiting such person from entering into, being in or remaining in or from departing from the district of Ovamboland or any part of such district of Ovamboland as may be specified in such order for such period as the Minister may determine.

(2) Any person who neglects or refuses to comply with an order made in terms of sub-regulation (1), shall be guilty of an offence.

EXECUTION OF ORDERS

14. The South African Police force is hereby authorized to render assistance to any Native Commissioner, chief or headman in respect of the exercise of any power, or the performance of any duty or function, conferred on or imposed upon such Native Commissioner, chief or headman by these regulations and may in rendering such assistance take such steps as may be deemed necessary to implement the exercise of the power, or the performance of the duty or function.

INDEMNITY

15. No civil action whatsoever in respect of any cause of action arising out of or in connection with the operation of these regulations shall be capable of being instituted against the State, the Government of Ovamboland, any Minister of the State, any Member of the executive council of Ovamboland, any officer or employee of the State, the Government of Ovamboland, the Administration

of the territory of South-West Africa, or a chief or a headman or any person acting under the authority or by direction of a Native Commissioner, an officer or a member of the South African Police, a chief or a headman.

16. (1) No criminal action shall be capable of being instituted against any person or body referred to in regulation 15 by reason of any act in good faith advised, commanded or done by him in the execution of his powers or the performance of his duties in pursuance of these regulations or for dealing with circumstances which have arisen or are likely to arise from the application of these regulations.

(2) If in any action brought against any person or body referred to in this regulation the question arises whether any act advised, commanded or done by him was advised, commanded or done by him in good faith, it shall be presumed, until the contrary is proved, that that act was advised, commanded or done by him in good faith.

PROHIBITION OF INTERDICTS

17. No interdict or other legal process shall issue for the stay of any order issued, decision made or direction given under these regulations, nor shall any such order, decision or direction be suspended by reason of any appeal against a conviction under these regulations.

PENALTIES

18. (1) Any person convicted of an offence under these regulations, except a person convicted by a chief or headman in terms of regulation 12 in respect of the offences specified therein, shall be liable on conviction to a fine not exceeding six hundred rand or in default of payment, to imprisonment for a period not exceeding three years, or to such imprisonment without the option of a fine, or to both such fine and imprisonment: Provided that in hearing any appeal to him by a person convicted by a chief or headman in terms of regulation 12, a Native Commissioner may, on confirming the conviction by the chief or headman, impose any sentence which could have been imposed in terms of this regulation if such person had originally been convicted in a court of a Magistrate.

(2) A Magistrate's court shall have jurisdiction to try any person upon a charge of an offence under these regulations and to impose the penalties prescribed by this regulation.

MEASURES TO TRACE OFFENDERS

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19. (1) Whenever a Native Commissioner or a commissioned or missioned officer of the South African Police, is satisfied that any person has committed an offence under these regulations or under any other law, or whenever the said Native Commissioner or commissioned or non-commissioned officer has reason to suspect that any person has or had the intention to commit such an offence the said Native Commissioner or commissioned or non-commissioned officer may without warrant arrest or cause to be arrested any person whom he suspects upon reasonable grounds of having taken part or intending or having intended to take part in the offence or intended offence in question or who in the opinion of the said Native Commissioner or commissioned or non-commissioned officer is in possession of any information relating to the said offence or intended offence, and the said Native Commissioner or commissioned or non-commissioned officer may question or cause to be questioned the said person in regard to any matter which has any bearing upon the said offence or intended offence and may detain or cause to be detained him at any place which the said Native Commissioner or commissioned or non-commissioned officer deems suitable for the purpose until the said Native Commissioner or commissioned or non-commissioned officer is satisfied that the said person has answered fully and truthfully all questions put to him which have any bearing upon the said offence or intended offence.

(2) The Minister may at any time upon such conditions as he may determine, cause to be released any person arrested and detained under sub-regulation (1), and if such person fails to comply with any such condition, he shall be guilty of an offence.

CONSULTATION WITH LEGAL ADVISERS

20. No person who has been arrested and is being detained under regulation 19 shall, without the consent of the Minister or person acting under his authority, be allowed to consult with a legal adviser in connection with any matter relating to the arrest and detention of such person.

ARREST OF OFFENDERS

21. A Native Commissioner, a commissioned or non-commissioned officer of the South African Police or a peace officer as defined in section one of the Criminal Procedure Act, 1955 (Act No. 56 of 1955), may with or without warrant cause to be arrested or himself arrest any person who has committed an offence under these regulations or who is suspected upon reasonable grounds of having committeed such an offence.

GENERAL

22. Anything done after the 25th January, 1972, but prior the publication of these regulations, which can lawfully be done under these regulations shall be deemed to have been lawfully done.

APPENDIX 2

TEXT OF TEMPORARY INTERDICT OF NOVEMBER 19, 1973 PREVENTING CERTAIN BANTUSTAN AUTHORITIES FROM FLOGGING PERSONS UNDER CERTAIN CONDITIONS

TEXT OF RULE NISI ISSUED BY SUPREME COURT, WINDHOEK, ON 19 NOVEMBER 1973.

IN THE SUPREME COURT OF SOUTH AFRICA (SOUTH WEST AFRICA DIVISION) Windhoek, Monday, 19th November, 1973

Before the Honourable Mr. Justice Hoexter

In the Matter of: Richard James Wood, First applicant, Leonard Nongola Auala, second applicant; Thomas Ndalixutalah Komati, third applicant; and The Ondangwa Tribal Authority at Ondangwa, first respondent; the Okwanyama Tribal Authority at Ohangwena, second respondent.

Upon the motion of Mr. Seggot, Counsel for the applicants, and upon reading the notice of motion and other documents filed of record.

It is Ordered:

1. That a rule NISI do hereby issue calling upon the respondents to appear and show cause, if any, in this court on the 22d February, 1974, at 10 a.m. why a final order should not be issued.

(i) Interdicting the respondents from inflicting, or causing to be inflicted, any flogging or corporal punishment of whatsoever nature upon any person on the ground that he is, or is suspected of being, a member or sympathizer, of any of the organisations known as the Democratic Cooperative Development Party or SWAPO (The South-West Africa Peoples Organisation) or on the grounds that he has carried on or is suspected of having carried on in any way the lawful activities of the aforesaid organisations, or in any way expressed approval of or support for any of the said organisations,

(ii) Interdicting the respondents from carrying out or causing to be carried out in pursuance of whatever allegation, indictment or conviction, any order to flog or administer corporal punishment of whatsoever nature upon any person who is, or who is alleged to be, or who is suspected of being a member of any of the aforesaid organisations save upon fulfilment of the following conditions:

(a) That the respondents do, after the pronouncement of any sentence that any said person receive corporal punishment communicate forthwith to the territorial magistrate, Ondangwa, the full names and address of any accused person upon whom such sentence is to be executed,

(b) That a period of fourteen (14) days has elapsed from the date upon which the territorial magistrate has received the names and address of the accused person upon whom sentence of corporal punishment is to be executed,

(c) That upon receipt of the information mentioned in (a) above, the said territorial magistrate forthwith transmit such information telegraphically to the Registrar of this Court,

(iii) Interdicting the respondents from ordering or causing any person to be flogged or to receive corporal punishment in excess of ten (10) strokes,

(iv) Interdicting the respondents from ordering or causing the flogging or administering of corporal punishment upon the exposed body of any person who is to receive such punishment in public,

(v)_Ordering the respondents to pay the costs of this application.

2. That paragraphs (i) and (ii) above operate as an interim interdict pending the final decision of this Court on the return day of the Rule NISI,

3. That leave be and is hereby granted to the applicants to amplify their application, where necessary, not later than noon on 20th December, 1973. 4. That this Rule be served also on the territorial Magistrate, Ondangwa.

By order of the Court.

(Signed) Registrar.

APPENDIX 3

NAMIBIA: THE BEGINNING OF DISENGAGEMENT

(By Elizabeth Landis)

FOREWORD

In the context of the post-World War I arrangements imposed on the world by the victorious Allied and Associated Powers, the Mandate system was an instrument to give international legitimacy to white supremacy. The war that was fought to save the world for democracy, like the American War of Independence, was not meant to extend to subject non-white peoples. The principle of self-determination so eloquently enunciated at Versailles ultimately meant that white Europeans would be the final arbiters of the destinies of colonized non-white peoples. Even to its DeGobineauan color-graded A, B, C, categories, the Mandate system was designed to continue white dominance. Thus, the mandating of Southwest Africa to the Union of South Africa was merely an exercise in transferring the "white man's burden" from a defeated white power to one that had helped in the defeat. In no way did it mean even the beginning of self-determination for the indigenous inhabitants of that part of Africa.

On the contrary, as Elizabeth Landis points out, "the change from protectorate (Germany) to mandated territory (South Africa) meant a change in masters and legal status, but not in white policy or practices. Indeed, the new administrators were ... more rapacious than the Germans they replaced." The extent of the League of Nations' response to South Africa's violation of its “trust” resulted in little more than the latter's refraining from using language claiming absolute sovereignty over the territory. Today despite the protestations of the United Nations and the sense of the several "advices" of the International Court, for all practical purposes, South Africa has annexed Namibia and imposed its brand of white supremacy over the entire territory.

In Namibia: The Beginning of Disengagement, Mrs. Landis analyzes the evolution of South African control over Namibia and clarifies what the United States position has been on the Namibian question. She concludes that the United States position has been only a promise to disengage itself from direct and indirect support of South Africa in Namibia. As yet there is no evidence of whether, when or how the United States will implement such a policy. The remainder of the essay spells out the author's own theoretical and practical answers to the when and how of United States disengagement from South Africa.

Beyond the specific questions and answers presented by the author is the larger issue of the realities of race in an international system that is both the product of and to a large extent yet maintained by white dominance states, the most powerful of which are still influenced to varying degrees by ideologies of white supremacy. Can these states, led by the United States, which only recently began to abolish legal racial discrimination within its own boundaries, generate the kind of moral energy necessary to combat "kith and kin" for the elimination of oppressive white domination throughout the international system? Can a white Atlantic subsystem (which includes South Africa) or a white Atlantic alliance (NATO excludes non-white North Atlantic states while including non-Atlantic white states.) be influenced to compel South Africa to give up its imposition of white supremacy control over a non-white territory? Or, finally, can a United Nations Security Council dominated by white industrial and

Studies in race and nations; Center on International Race Relations, Graduate School of International Studies, University of Denver, Volume 2, Number 1-1970-1971.