In South Africa, individuals may be incarcerated by procedures which are lawful under local law, but arbitrary when viewed in the context of the general common law. These incarcerations are used to protect the regime and to facilitate its program of 'separate development' of different racial groups. The most striking aspect of the country's law of incarceration is the broad authority given to executive officials to order detention of individuals for significant periods of tim without judicial action. Denial of bail is also an executive decision; courts have clear authority to deny release on bail, and the Attorney General may recommend that a person be held for a period ranging from 90 days up until his case is disposed of, without being considered for release on bail. South Africa has the highest prisoner-to-population ratio of any Western country; it is also unique because of its use of both corporal and capital punishment. Its prisoners are treated harshly, and in some cases, their right to counsel is denied. Additionally, they may be forbidden to communicate with anyone or to receive any visitors. These laws explicitly reject the principles of common law. South Africa's lawmakers should consider if these laws are useful, in view of how much internal pressure they are creating. Four tables and 473 references are included.