/ 3 November 1989

‘Alternative’ army system ‘unjustifiable’, says judge

The Supreme Court judge who chairs the Board for Religious Objection this week sharply
criticised gov­ernment policy on the treatment of conscientious objectors.
Addressing a workshop on Alternative National Service held in Cape Town on
Monday Mr Justice Willem Edeling described the ”inordinately long”
period of alternative service as being ”inherently unjustifiable”. He
also questioned the six-year maxi­ mum prison sentence for non­ religious and
asked whether the defi­nition of religious objectors should not be broadened to
include other categories of objector.

The workshop, organised by the University
of Cape Town Centre for Intergroup Studies, drew together senior representatives
of the South Af­rican Defence Force, the security po­lice, the National and
Democratic Par­ ties, and the End Conscription Cam­paign and other anti-war
groups. Also present among the 50 delegates were several prominent Dutch Re­ formed
and other churchmen, aca­demics and representatives of em­ployer bodies. The
aim of the workshop, according to centre director Professor HW van der Merwe,
was to exchange ideas regarding the current system of national service in South
Africa and to consider issues relating to its ex­tension. 

A study group was set
up to consid­er representations to government and the workshop proceedings,
recorded by Hansard, will be forwarded to the SADF’s Van Loggerenberg Commit­
tee on SADF Manpower. Speaking on the Board for Religious Objectors, Judge
Edeling de­ scribed the six-year alternative service requirement for religious
Objectors who had completed no military ser­vice as ”too much to ask in
virtually any circumstances”. ”Whilst I am very much aware of the
fact that a judge should not only avoid the political arena but all areas of
public controversy, I nevertheless feel that it is my duty to make use of this
opportunity to publicly express my concern about the inordinately long period
of compulsory alternative service.” 

He said the system ”smacks of
punishment rather than service”, and said this was detrimental to the best
inter­ests of the individuals and was ”potentially
counter-productive” to the interests of the state. The length of religious
alternative service is a continuous period one and a half times the statutory
total period of military service. Military service is calculated as being four
years despite the fact it has been re­duced in practice to a maximum total of
two years and 10 months. 

In discussion the judge also ques­tioned the six-year
maximum period of imprisonment of objectors not falling within the Board ‘s
definition of ”bonafide
religious pacificism”. Edeling said since its introduction in 1984 the
Board had received 1 890 applications for religious ob­jector or non-combatant
status, of which 1 722 had been successful.

This article originally appeared in the Weekly Mail.

 

M&G Newspaper