In 1959 the UN found that South Africas administration went against the principles of the UN Charter, the Declaration of Human Rights and the advisory opinion of the International Court. South Africas violent actions in Windhoek after some black people protested against being moved to a new area led to the UN appointing a one-man commission and African states starting actions through the International Court.
The UN called on South Africa to lift all apartheid laws from Namibia and told the Trusteeship Committee to visit Namibia with or without the permission of South Africa. This proved difficult, and the UN eventually agreed on the formation of a seven-nation committee that would visit Namibia before 1 May 1962, prepare the country for the removal of South Africa and free and democratic elections so that Namibia could become independent. The UN would provide technical assistance and would ensure freedom for political prisoners and an end to discriminatory laws. South Africa assisted the committee in their visit to Namibia, and they found that South Africas administration of the area was not against the mandate system or a threat to peace. However, after leaving South Africa the same committee changed its findings, but action at this stage was difficult as the case was before the International Court.
In 1962 the court decided that it did have jurisdiction to try the case and it started to look at the record of South Africas action in Namibia, heard reports on the treatment of the people there and looked into the restrictions placed on black people in the country. During the hearings, which took six years, the one judge died and was replaced with a judge with more pro-South African ideas. It was eventually found, by a majority of 8 against 7, that the countries that brought the case before the court had no standing. This bought South Africa more time as otherwise the UN would have found itself in a position where it needed to start sanctions or other actions against South Africa. The decision brought caused an outcry in the General Assembly, which called on the Security Council to put pressure on South Africa.
The Security Councils first action on the issue was in January 1968 when it demanded that 37 political prisoners be released. In 1969 it recognised the General Assembly resolution of 1966 ending South Africas mandate over Namibia and calling for South Africa to leave the area. It saw South Africas refusal to do so as an aggressive action against the authority of the UN. The Security Council asked the International Court for the opinion on South Africas continued occupation in 1970. In 1971 the International Court of Justice gave an advisory opinion finding South Africas occupation of Namibia illegal and after this South Africa was defying the United Nations in her continued occupation of Namibia. The UN declared that South Africas mandate over Namibia was terminated. South African armed forces continued to occupy Namibia. The UN did not accept the proposal by South Africa to hold an all-races referendum in Namibia to test the popularity of the continued mandate.
In 1971 the Security Council called on the Secretary General, Kurt Waldheim, to make contact with all people of Namibia and to prepare for self-determination. Waldheim went to South Africa where he met with and had talks with Vorster. He also visited Namibia and held talks with different groups in that country. In Namibia a Convention was held between all the groups that wanted the immediate withdrawal of South Africa, and Waldheims representative met this Convention at the end of the year. Discussions were underway, until a deadlock was reached in 1973 when the Security Council called for an end to Waldheims mediation. The Convention called for the immediate withdrawal of South Africa, and the Security Council echoed this call in 1974. On 16 December 1974 the General assembly recommended that South Africa be excluded from participation in international organisations as long as it continued to practice apartheid and ignore the UN regarding Namibia and Zimbabwe. A deadline for withdrawal was set for 30 May 1975, and the Council met again on this date, but France, the USA and the UK vetoed the idea of sanctions.
In 1975 the Portuguese left Angola and Mozambique, changing the situation in southern Africa as the western powers began to fear socialist take over in the independent countries. The South African government negotiated with an Advisory Council in Namibia, which excluded SWAPO, and the Turnhalle Assembly reached a decision regarding a three-tier system of government and independence in 1978. This agreement however failed after it was seen that some apartheid laws would still be in place and there was political change inside Namibia, with parties re-forming. In September 1978 the Security Council passed a resolution finding that UN supervised elections were the only possibility for change. The five western powers on the Secur