The United Democratic Front (UDF) was set up at a mass rally in Cape Town in August 1983 in response to the constitutional proposals for a tricameral system. The organisation grew rapidly to a membership of over two million. The UDF rejected the new constitution and campaigned vigorously among Coloureds and Indians to boycott the first election held in terms of the new dispensation. Opposition to the system from the African population was fierce, and there were widespread strikes and boycotts of schools.

The Government’s response to the unrest was to declare a state of emergency which took effect on 21 July 1985 and which led to a period of more intense oppression, together with abrogation of the Rule of Law, than had ever been experienced in the land. The police and military had wide powers and, protected by indemnity, were able to detain and interrogate people at will. Within a few months thousands of individuals had been detained. Hundreds of Wits students were affected in different ways.

Shortly after the declaration, four students and two members of the University staff were detained. Urgent representations for their release failed, and subsequently further detentions took place.

On 8 August 1985 Tober wrote a letter to the Director-General of the Department of Justice about the conditions under which the students and members of the academic staff were being detained in terms of the Public Safety Act of 1953. He referred to three specific and practical concerns relating to their physical and mental well-being. In terms of the regulations, detainees were not entitled to any reading matter except the Bible or other holy books and were not permitted to study or to enrol for any studies. Tober urged that the interpretation be reconsidered or the ruling changed as the academic progress of students was being hindered and their success in examinations jeopardised.

He also asked that lecturers be given access to reading material for bona fide study purposes. The University would supply the material, which could be scrutinised by whomsoever Government saw fit to delegate, and passed to detainees by the prison officials.