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The Los Angeles Times from Los Angeles, California • 19

Location:
Los Angeles, California
Issue Date:
Page:
19
Extracted Article Text (OCR)

TM The incredible new STAR SYSTEM 19 Part Dec. 10, 1976 Hog Snpleg Zimti S. African Editor Wins Court Appeal White Newsman Was Sentenced to Jail for Protecting Identity of Black BYJACKFOISIE i Times Staff Writtr JOHANNESBURG-A South African white editor sen- tenced to jail for protecting the identity of a black informant, was cleared of the charge Thursday, by an appeals court. The black man said he was an eyewitness to a crime by i a white police officer, the unauthorized break-in of a black i social club. He told his story to Donald J.

Woods, 42-year-old editor of a newspaper in East London. A two-judge panel set aside a lower court conviction of Woods and nullified the six-month prison term to which he had been sentenced. The ruling came on a technical point, however, and did not get to the heart of the issue posed by the editor. Woods asserted that to name the black, and expose him as a possi- ble witness against a white policeman, would subject the informant to intimidation and likely bodily harm, given the i racial tension in the nation. But the judged ruled only that Woods had been improp- erly brought to trial because a warrant had been issued by the incorrect legal authority.

Nevertheless, the verdict was in line with a growing tendency by members of the South African judiciary to as- sert their independence from the executive branch of i government. Woods is a well-known figure in South Africa because of his attacks on the government's system of legal discrimi- nation against blacks. After hearing Thursday's judgment EE i inn EE Finn EEE TCUCH-TUM He is well-known for his attacks on discrimination by government. he said: "This appeal court decision has ended a year-old process against me by the head of the security branch, Gen. Mike Geldenhuys.

He must be a disappointed man." In another recent case, also widely publicized, a Johannesburg judge acquitted five white members of the National Union of South African Students on charges of furthering the aims of communism. After a six-month-long trial in South Africa testimony is spaced out with long breaks between court appearances the judge in the case held that government witnessess, mostly campus informers, had failed to present evidence the accused had advocated Communistic ideas, or that the student union was a front to promote communism. In effect, Judge Gerd Steyn suggested that to strive for black-and-white equality in South Africa, as student literature advocated, was not exclusively a Communist idea, and that pressing for such equality was not illegal. A verdict is expected shortly in an even longer "subversive" trial where the defendants are blacks. Their trial has covered 170 days of testimony over a two-year period, the longest judicial proceeding involving blacks in South African history.

Rarely have judicial decisions regarding black defendants gone against the government. Observers are watching to see whether the court, in this case, is going to interpret the law with the leniency recently accorded the whites. Particularly in lower courts, which are swamped with cases involving blacks arrested during recent periods of unrest, decisions generally involve narrow interpretations of the law. There is a case in which a boy, who his mother claims is 10 (the government claims he is 13), has been in jail for more than a month. The magistrate refused him bail.

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