the black sash, vol. 30, no. 4 - jstor

The Black Sash, Vol. 30, No. 4

Use of the Aluka digital library is subject to Aluka’s Terms and Conditions, available athttp://www.aluka.org/page/about/termsConditions.jsp. By using Aluka, you agree that you have read and will abide bythe Terms and Conditions. Among other things, the Terms and Conditions provide that the content in the Aluka digitallibrary is only for personal, non-commercial use by authorized users of Aluka in connection with research, scholarship,and education.

The content in the Aluka digital library is subject to copyright, with the exception of certain governmental works andvery old materials that may be in the public domain under applicable law. Permission must be sought from Alukaand/or the applicable copyright holder in connection with any duplication or distribution of these materials whererequired by applicable law.

Aluka is a not-for-profit initiative dedicated to creating and preserving a digital archive of materials about and from thedeveloping world. For more information about Aluka, please see http://www.aluka.org/.

of 53

Alternative title The Black SashThe Black Sash

Author/Creator The Black Sash (Cape Town)

Contributor Zille. Helen

Publisher The Black Sash (Cape Town)

Date 1988-03

Resource type Journals (Periodicals)

Language English

Subject

Coverage (spatial) South Africa

Coverage (temporal) 1988

Source Digital Imaging South Africa (DISA)

Relation The Black Sash (1956-1969); continued by Sash(1969-1994)

Rights By kind permission of Black Sash.

Format extent(length/size)

56 page(s)

of 53

VOLUME 30 No 4 MARCH 1988

of 53

March 1988 55New chair in Humanrights at StellenboschOne of the broad objectives of theBlack Sash is to seekconstitutionalrecognition and protection by lawof human rights and liberties for all.That great unsung championofhuman rights in South Africa, thelate Donald Molteno, QC, oncethanked `the ladies of the BlackSash' for being `solarge an adventon to the side of the angels'. Webelieve he would have been asinterested as we are to noteanotheradvent, in the institution of a newchair in human rights law at theUniversity of Stellenbosch.In resigning fromthe SupremeCourt to take up this professorship,Mr Justice LWH Ackerman said`the effective protection ofhumanrights in this country is the mostimportant legal issue facing lawyersin the short, medium andlongterm'.Problems for today's proponentsof human rights are accusations oftokenism, of a new-found concernfr p er,rightso rop y , in a time ofimminent change, and the damagethat protection of group privilege inthe guise of grouprights will do tomajority acceptance of a Bill ofRights.1987 has been the year when theinfluential NederduitseGerefor-meerde Kerk admitted its fault inhaving proclaimed that Apartheidwas the will of God. We lookforward tofurther manifestationsof the new dynamic in Stellenboschtowards achieving a democraticnon-racial South Africa. 0DotClemin.rhawJulia Denney movesto JohannesburgJulia Denney has belonged to theAlbany Branch of Black Sashsincethe beginning of 1985, but will soonbe moving to Johannesburg. Shespoke to Sue Ross.`Being a member of theBlackSash has helped me cope with beinga white, middle-class, privilegedlady,' states Julia.`It has helped me to feelthat I'mdoing what I can. It's not only whatSash does, but its function ineducating and keeping peopleinformed, whichis an ongoingthing.'`1985 was a traumatic year.Matthew Goniwe's funeral was alandmark experience. There wewere -a handful of white womenfrequently greeted with cries of"Viva Black Sash"!'Julia sees the work done by theBlackSash as being always politicstempered with humanity. 'I feeluncomfortable working withpeople whose motives areintel-lectual and political and nottempered with humanity. Part ofthis means not losing sight of thefact that thegovernment or thosewho are in authority, are alsohumans. It is hard, especially forpeople in the townships, toregardmen in uniform as also human. It'sa tremendous challenge.'`People in Grahamstownprobably live on a higherlevel ofstress than almost anywhere else inthe country, a psychologist hassuggested,' Julia says, `becausethere is somuch political stress. In aclose-knit community this results inforcing one into awareness ofapartheid and itsconsequences. 1am expecting the Black Sashexperience of Johannesburg to hefurther removed.'`However, I'm gladto see in theSash magazine that I won't bejoining a vast impersonal group.With the new decentralisation, I'mlookingforward to belonging to theMelville-Westdene branch andgetting involved there.' flSlide programmes onBrazilian farmworkers`Farm Workers in Brazil' is a slideprogramme with relevance forSouth Africa. The 64-slide packagedepicts theprocess by whichBrazilian peasants have beenoccupying vacant land and trying togain title to it. The peasantsexplainhow they came to be landless, forexample, due to drought, tomech-nisation, or to being drivenoff the land byvigilantes. Theirstories are contained in a script: thedistributors recommend that, fordramatic effect (until theproposedtape has been prepared), voicesshould be chosen to read thevarious parts in tandem with theslides. Thescript is available inEnglish and Afrikaans and may betranslated into other languages onrequest. The slide packageisavailable from InternationalLabour Research and InformationGroup (ILRIG), Box 213, SaltRiver, 7925. Phones:(021) ,650-3504 (University of Cape Town),or 47-6375 (Community House).Mounted slides, ready to project,can bepurchased at approx. K 130per set.Candy Malherbe

of 53

THE 1988 NATIONAL CONFERENCEJohannesburg 10 to 13 MarchPROGRAMME OUTLINEPublic Meeting GreatHall Thursday 10 8 P.m.Wits UniversityWorking Sessions 'Koinonia' Thursday 10 12 to 5 p.m.Wednesday 9 1 to 5p.m. Judith's Paarl Friday 11 9 to 5 p.m.(Closed session: Advice and field- Johannesburg Saturday 12 9 to 5p.m.workers meeting.) Sunday 13 9 to I p.m.Observers Observers will be welcome at the mation please call (021) 6853513open sessions. For further infor- (mornings) or (O1 I) 337 2345.BACKGROUNDsince his accessionTHIS YEAR'SConference, to be toheld in Johannesburg, will once so publiclythe general secretaryship of theagain bring togetherdelegates SACC. He has endured a greatfrom all seven Regions of the deal in his demonstration of hisBlack Sash.1988 will mark, on ,~ commitment to bringing about a10 December, the 40th anni- sbetter, more just and moretrulyversary of the signing of the ~~ Christian society in South Africa.Universal Declaration of Human' .:Resolutionsand items forRights, and we propose to keep discussion on the agenda of thethe issue of human rights alive workingsessions will include:throughout the conference and in a capital punishment (to whichall aspects of our work duringthe the Black Sash has alreadyyear. expressed its opposition)We shall be particularly new conditions forstatehonoured to welcome as our guest subsidy to universitiesspeakers at the public meeting to - a the Federation ofSouthopen the conference Ms Nora African womenChase of the World Council of Above: Nora Chute poverty,unemployment andB<<oa, F-k ChikuneChurches in Geneva, and the homelessness (taking up theseRev. FrankChikane, General~.~ i issues of grave concern raisedSecretary of the South African at the 1987 Conference)Councilof Churches. detention under securityNo legislation, and the treatment- Chase is known as a deter-mined andcourageous defender of detainees.of human rights in her native In addition, attention will beNamibia and during herterm of paid to matters arising from theoffice with the Commission of reports of the different RegionsInter-Church Aid,Refugee and and departments, not least theWorld Service, of the World administrative necessities ofCouncil ofChurches. She reminds , ' '~ finance, definition of responsibi-us of the fact that 1988 is also the lities and elections ofofficetenth anniversary of the United bearers.Nations Security Council Resolu-tion 435, and her topic will be Thenational conference is`Human Rights in Namibia 10 always an occasion to renewyears after Resolution 435'. bonds,to make new friendships,The Black Sash has undertaken familiar friend to many of our to drawstrength from theto bealive to the needs and Transvaal members. We look exchange ofinformation and thestruggles of our neighbouringforward to welcoming him stimulus of debate,and to re-countries, and this emphasis on amongst us, and to payingtribute dedicateourselves to the longNamibia will help us to do so. to his courage and leadership. It struggleforjustice.The Rev. Frank Chikane is a will be our first opportunity to do Mary Burton

of 53

contentsEDITORIAL Sarah-Anne RaynhamLAW ON A KNIFE-EDGE Shauna Westcott 5Cape political trial chow thatour legal system i.r in precarious balance.TREASON TRANSVAAL-STYLE Bruce Anderson 10Transvaal courtstaggering beneath a heavy load.THE JUDICIARY AND HUMAN RIGHTS Sarah Christie 12The low-down onco)zte.rtsng judgements in Bloemfontein.GOVERNED VERSUS THE GOVERNMENT IN NATAL Michelle Norton13Challenging the Emergency regulation.r.STREET LAW Jill Joubert, Wilfried Scharf 15Good new about practicallaw.FREEDOM! JUSTICE! DIGNITY! PEACE! Michelle Saffer 18Re-interpreting a Black Sarh refrain.PEOPLES'JUSTICE Wilfried Scharf 19'S-ae clarification on a complex and clouded issue.STREET LIFE Photo Essay 24CapeTown Strollers assert a lifestyle of their own.Cover noteOur cover illustration by Lucinda Jolly, bared on photographsof unsungSouth African activists, foreshadows the 40th anniversary of the Declarationof Human Rights and thesix-month Black Sash campaign on human rightswhich will be given direction at the national conference.The mood ofthe drawing it deliberately assertive and joyous. If this .seemsout of place at a time when the further erosion of civilliberties iscausingdepression and deep alarm tee might well remember Emma Goldbergwords: 'If I can't dance it's notmy revolution.'

of 53

10 March 1988POLITICAL TRIALStreasontransvaal-stylebruce andersonThe 22 UDF lcad-chargod in theD,lrrta.rtrearrrr/rhnta,r; r-aphed inApril 1986. Thethree who -vain incrc.rtody ichile thetrial corJliuncs areMo.rschikane(irtandin,r; Jar left)Patrick Lckota (htclar,E hlazcr mriddleroc. fifth /ror::ri,htl andPopo tYtol%(kn-tin" Jrorttrote,fourth fronJTHE KNOWN: ''his year has seen a phenomenal growth in- mv. mumw.n of polItICaI trlalS In theTranS-vaal. There are 40 people facing charges oftreason in five separate trials in the Transvaal.I reason isuniversally the most seriouspolitically related common law charge thatcan he brought against a person, butourInternal Security Act has created a number of~tatui iv ulfences that are also politicallyrelated. The number ofprosecutions insti-tumd in terms of the Internal Security Act thiswar has been v cry high. A further feature hasl,ecnattempts by the state to use normalcommon law off ences in an attempt tocriminalise political opponents throughthec<lurts.Of course, by tar the most importantpolitical trial ha, been the ongoing Delmastreason trial. ~I Ilea ial hasnow been movedfrom Delmas to Pretoria's Palace of Justicewhere it is being conducted in the same court-roomwhere Nelson Mandela and seven co-accused were sentenced to life imprisonment.The trial is highly significant bothbecause keyUDF leaders are on trial and because itreveals clearly the kind of issues that are atstake in other smaller,less publicised trials inthe Transvaal.The key UDF figures in the Delmas trial arePatrick Terror Lekota, nationalpublicitysecretary of the UDF, Popo Mulefe, nationalorganiser of the UDF and Moss Chikane,former Transvaalgeneral secretary of theUDF. The three are the only accused still incustody. Of the original 22 leaders charged,threehave been acquitted and 19 released onball.The basis of the state case is that theaccused attempted to overthrow thestate byviolent means. The scale of the trial has beenenormous. M ore than 20 000 pages have beenused tochronicle the course of the trial so far.Over 30 organisations have been implicated inthe state case and more than 900conspiratorshave been named and could face trial if thestate case against the accused proves success-ful.It hasbecome one of the longest-runningtreason trials in South Africa's history. Thetrial began in earnest in .lanuary 1986and it1s, s proved to be a marathon undertaking forthe defence counsel, George Bizos , C andA rt S" , ha,~h rChaskalson ho e beeninvolved. The defence began to present its

of 53

March 1983 11POLITICAL TRIALScase in January 1987 and it is expected to takealmost as much time to present asthe statecase.The defence is relying on three counter-arguments to rebut the state case. These arethat the accuseddid not follow a policy ofviolence, that they cannot be held responsiblefor violence which flared throughout thecountryin 1984 and 1985, and that the UDFwas not formed in response to a call fromANC President sliver Mambo.Anothertreason trial that has arousedconsiderable interest, despite being heardlargely in camera, has been that ofMosesMayekiso, general secretary of the NationalUnion of Metalworkers of South Africa, andfour co-accused in theland Supreme Court.The five men have pleaded not guilty totreason and alternative charges of subversionandsedition. The state has alleged that themen tried to seize control of Alexandra in1985 and 1986. Mr Justice van derWalt hasordered that the evidence of Alexandraresidents be heard in 'a a to preventpsiblereprisal The trial i~stehre f'rst in wh chos s.the state has alleged that the accused set upalternative people's structures to compete forpower withthe state. It is likely to be closelyfollowed by activists throughout the country,for if the accused are found guilty thenfurtherprosecutions could follow against people whohave established alternative people'sstructures in other parts ofSouth Africa.The trial has attracted considerableTHE UNKNOWN:The trial of MI-IiMielies ,ad Moses)aiajies is one ofalo,ig list not featuredin this issue. In thepicture below, theirfamilies receiveofficial confirmationof their hanging asaresult of the killing ofEastern Cape Com-munity CouncillorKinikini and family.publicity overseas, largely as a resultofMayekiso's prominence as a trade unionleader in South Africa. In October a full-pageadvertisement calling for hisrelease appearedin The Independent newspaper in Britain.In another treason trial in the RandSupreme Courtinvolving Alexandra resi-dents eight young men ranging in age from 19to 28 were alleged to have conductedpeople'scourts in Alexandra. State evidence was thatthe comrades encouraged residents to bringcharges beforepeople's courts. By allaccounts in the trial the people's courtsusurped the existing channels of justice. Thecourt wastold of a graphic demonstration ofthe power wielded by the comrades in the firsthalf of last year when the number ofchargeslaid at the Alexandra police station droppedsharply, this in turn affecting the number ofcases brought beforemagistrates.A review of other politically related trialsin the Transvaal would be a lengthy one. ADetainee's ParentsSupport Committee(DPSC) report takes three pages just to listthe more serious trials for October 1987.However, whathas become abundantly clearthis year is that the state has resolved topursue these cases relentlessly no matterhowmany months they occupy on court diariesand irrespective of the amount of timeactivists are forced to spend incustody whileawaiting the outcome of their cases.Bruce Anderson is Supreme Court reporter forThe Star.

of 53

12 March 1988POLITICAL TRIALSthe judiciaryand human rightssarah christieThe actingchiefju.rticeassiduouslyavoidsrevealingtheprincipleswhichinform hischoiceThe recent Appellate Divisionjudgment in threeseparate casesdealing with the rights ofEmergency detainees, one ofwhom is a member of the CapeBay; is a snub towhat lookedlike advancer in civil liberties.purposes of the Act, namely - themaintenance of the public order, the safetyofthe public and the terminating of theemergency.It was strenuously though unsuccessfullyargued that the very widepowers of the statepresident must nonetheless be applied to thepurposes of the Act and if they are not, thentheregulations are unlawful. Rabie held thatbecause the state president has the power tochoose the means and methodto achievethese purposes, it cannot be said that thedetention clause `is unrelated' to the purposesof the Act.This is acurious argument. The head of thejudiciary refuses to distinguish betweenmeans and ends and asserts thatbecausedetaining people for a long time, withouthearing them, is not unrelated to the aims ofthe Act then it isimpliedly authorised by theAct.Professor John Dugard states that thoughthe judicial decision is essentially anexercisein choice', the court in Omarchose to excludecommon law rights although the dissentingjudgment of Hoexterargued that basic rightsare to be retained unless an Act of Parlia-ment expressly compells their denial.The ActingChief Justice assiduouslyavoids revealing the principles which informhis choice.It is the principle of our common lawthat avalid regulation may only take away pre-existing rights if specifically or necessarilyempowered by an Act ofParliament. Courtsshould also interpret ambiguous legislation infavour of the freedom of the individual.In Omar it ishard to know what significan-ce is to be accorded to `fundamental rights'when subordinate legislation takesthemaway, without parliamentary authorisation.Etienne Mureinik has argued thatfundamental rights comprise a bodywhichprotects all those human rights essential to thecoherence of the legal system of a state: itsmar/Fani/Bill v TheMin' .rter of LamOund,rdr 1987 (3) SA 859 (A) is one ofthe most important cases to deal with civilliberties in the pasttwenty years in SouthAfrica: it akes dispiriting read Ing.Wt s7 ,ha i the significance of the cases? Thefacts were not indispute: they all concernedclaims by detainees that they were entitled tobe given reasons for their detention, to beableto make representations why they should notbe detained, and to have access to their legaladvisers. TheEmergency regulations pro-vided that a person may be detained for 14days but that the Minister of Law andOrdermight `without notice to any person andwithout hearing any person' extend the period`until the expiry of theState of Emergency'. Adetainee is only entitled to access to a lawyerwith the permission of the Minister of LawandOrder or the commissioner of the SouthAfrican Police.I the ''` _t s were not an issue, what was? Atissue in the appealagainst decisions in theprovincial divisions of the Supreme Courtwas whether the Public Safety Act empower-ed thestate president to make regulationswhich prevent a detainee from knowing whyhe is to be kept in detention, notpermitted tomake representations in regard to his deten-tion and not permitted access to an attorney.'I he appealcourt did acknowledge thefundamental entitlement at common law toaccess to an attorney and to be heard, priortoone's rights being detrimentally affected.But Acting Chief Justice Rabie upheld thevalidity of the regulations. Why`?Ihe explanation he proffers (and withwhich three other appeal judges concurred) isvery simple: the Public Safety Act isdesignedto deal with an extraordinary situation inwhich the state president is permitted by theAct to perceive theordinary law of the land asinadequate, is given very wide powers.to makeregulations which in his opinion arenecessaryIa or expedient for the achievement of the

of 53

March 1988 13It is difficultto. assertnationalinde-pendencewhen thehead of thejudiciarydeclares tothe countrythatfun-damentalrights arenot worthvery much.judiciary, legislature and constitution. It isspecious for the appeal court tomakedeference to civil liberties, to use the languageof human rights while acquiescing in apusillanimous way in theirdemise.Hoexter argued that the regulationprovides that people may be detained eitherfor the maintenance of publicorder or publicsafety on the one hand, or for the safety of thedetainee himself, on the other. If detaineesareindetention for their own safety they oughtsurely to be told that this is so, since at thevery least they ought to be able todecline thisprotection. To assert a contrary ~ iew is anabsurdity.What is the significance of Omar? It ishard to gaugein the long term; it has certainlypiit a halt to a number of efforts to compellaccountability to some semblance ofnaturaljustice by those who detain. It has done s-redamage to the image of the judiciary asindependent andcourageous upholder ofcommon law principle. It is difficult to assertthe existence of national independence whenthehead of the judiciary declares to thecountry that fundamental rights are notworth very much, when it seems thattheemergency climate has subverted criticalintelligence when the say-so of the head of theNational Party, wearing thestate president's.shat, overrides common law principle.'l his phenomenon is not peculiar to SouthAt rica. In Englandduring the Second WorldWar, the intellectual and politic,il climate ofwar subverted common law principles. Here,Omarhas contirmed that ~ilthough martiallaw has not been declared, the appeal c~urtwill permit the executive arm ofthegovernment to remove troublesome libertiesso long as this is done in the name of thePublic Safety Act and so longas it does so atthe highest level of the executive. Ovucrl~ ,r /--,r in /a, j., ak )crh (.4, 11 c, I,, hc,ici,POLITICALTRIALSgovernedversus thegovernmentin natalmichelle nortonDuring 1987, amid escalating violence inthe province,the Natal Supreme Courtwas frequently cast into the political arena toadjudicate upon clashes betweengovernmentand opposition forces.At a time when the legal system has beenexperiencing an increasing shift awayfromparliamentary and towards executive law-making, the most significant type of interven-tion has been the testing ofEmergency regula-tions granting vast and repressive powers tothe executive. Freedom of speech, alreadydepleted,was dealt a severe blow in April1987 when the commissioner of police,empowered to create certain offences,out-lawed reporting of certain security action anc'campaigns calling for the release of detaineeIn applications broughtby several extraparliamentary organisations, the NatalSupreme Court was called upon to test thevalidity of theseregulations.In Pietermaritzburg a full bench of theSupreme Court declared invalid a number ofrestrictions on themedia, as well as powersgiven to the commissioner of police by thestate president. In Durban Mr JusticeLeondeclared invalid regulations forbidding, callsfor the release of detainees. He described thecurbs as involving anattack on the freedom ofthe press and on the freedom of speech.Late in the year, on 22 September, theSupremeCourt dismissed an application bythe Release Mandela campaign and theWeekly Mail to haze the existing, StateofEmergency declared inxalid. I he aptfl;,itionwas based on the argument that it state ofEmergency could not bedeclared at the timethat there existed another declaration of aState of Emergency. Mr Justice Howarddecided, ho,-,that the legislature h~tdobx iously .foreseen the possibility that thecircumstances giving rise to a State of Emer-gencycould outlast the 12 months for whichthe proclamation applied and a fresh procla-mation would have to be issued.

of 53

14 March 1988POLITICAL TRIALSDoric McBride,pictured outsidethe Supreme CourtPietermaritzburg,while the trialofher Ton RobertMcBride war i1zprogress.In the criminal 1phe.'re the Court was facedwith trial, of sexer~tl oen,rsinvolvingpolitically motixated xiolenec. 1~he mostt:xtreme form of political activism . thedirection of ,iolcncc againstcivilians wasthe basis of the case against Robert McBrideanti Greta Apelgren which began in Pieter-maritzburg inFebruary 1987. In AprilMcBride was convicted on charges of murder,attempted murder, assault, and terrorism,chieflyrelating to the planting of a car bombw hich exploded outside a Durban beachironthotel in June 1986, killing threepeople andinjuring 98 others. The other incidentins ol\ ed was the iolent freeing of suspectedtor i,t Gordon Web, terfrom Edendalehospital in May 1986, and it was in respect ofthis offence that Apelgren was convicted ofcounts ofassault with intent to do grievousbodily harm and contraventions of theTerrorism Act. The political contentandsignificance of the trial was made explicit inthe course of the sentencing process. Defencecounsel, Day id GordonSC'. describing theca, a, a 'South African tragedy', ledextensive evidence as to the socio-politicalcontext of theoffences. Economic,educational and social deprivation caused byapartheid were argued to be at the root ofthefrustration and bitterness which drove theaccused to political activism.yl'hile recognising these factors,MrJusticeShearer found that they did not constituteextenuating circumstances which would'uL'Id , Me Bride'sblameworthiness. Hecondemned the punishment of 'people yottpresume tot be innocent for those who ha\coflendedagainst you' and imposed threedeath sentences upon McBride. Apelgren wassentenced to an elfecti\e one year andninemonths' imprisonment.A month later trial of other participants inthe Edendale escape culminated in the con-ictionsof Derrick McBride and Arturo duPreen for murder and tour counts ofattempted murder. Once again, the trustra-titrnstemming from South Africa's racialdi,pcnsation was presented as an extenuatingcircumstance, but the absence ofpoliticalaffiliation, or motive was a ground forlenience for these accused. Mr Justice Krickfound extenuation to exist onthe personallevel of McBride's illnesses and his specialrelationship with his son, Robert, who hadurged him to assistin the offence. Du Preez'sparticipation, the judge stressed, did not havea political connotation, but was motivatedbythe desire to help an old friend. Du Precz andMcBride received sentences of imprison-ment for effective periods of15'/-and 12yea rs.y A major Terrorism Act trial was also heldin Pietermaritzburg during April. In the caseagainstRamlakan and others, nine men werefound to have conspired to assist the ANC tooverthrow the government byviolence andwere convicted of terrorism. l he accusedwere found to have been involXed in cariousbombing incidents -such as explodingbombs at the Chatsworth Magistrate's Courtduring 1985 and outside the home of MrAmichandRajbansi -- as well as in theestablishment of arms caches and in therecruitment and training of ANC members.Inaddition to evidence of political grievancesled in mitigation of sentence, defence counsel,Alan Magid SC, informed theCourt that hehad visited Nelson Mandela in PollsmoorPrison during the course of' the trial, andoutlined to the CourtMr Mandela's versionof the events leading up to the ANC'sadoption of a policy of violence in 1961. Fromthis heargued that the accuseds' resort toviolent methods was a final resort once apeaceful solution seemedimpossible.Professor Andries du Toit confirmed thatpolitical violence could be morally justifiedwhen all other optionshad been exhausted,but limited this justification to action directedagainst `hard' or military targets. Mr Justicel hirion,however, emphasised the Court'srole in trying to stem the tide of x iolence andaprotec 0 f s~s tor oc iety, rather thanthemotivation of the accused, in sentencing theaccused to periods of imprisonment rangingtr om six to 12 years.SouthAfrican political organisations andtheir lawyers have tended to look to the Natalbench for help. Quite often theseapplicationshave been successful, but only in the shortterm. The State can almost invariably .berelied upon to go onappeal to Bloemfontein *As a result the effect of the NatalJudgments, both in that province and the restof SouthAfrica, is neutralised by months ofdelay and uncertainty and eventualoverruling by the Appellate Division.MichelleNorton, member of Black Sash NatalCoastal, is currently in England to complete herDoct-l Studies in law.

of 53

March 198815spotlight on street lawSuddenly, amidst the gloom engendered by a legal system which israpidly losinglegitimacy, many people are becoming enthusiastic abouta new way of looking at practical law. Wilfried Scharfsketches thebackground and Jill Joubert describes its advent in Grahamstown.NO VEHICLESIN THE PARKay OPDER-'Are skateboards' bicycles and pram .r alto vehicles?'- thin caption andquestion invites stdents to analysethelegal problem, pored by the care ruggerted in thin cartoon - one of manyillustrations in Street Law: A HandbookforSouth African Students, by David McQuoid Mason.The concept of Street Law was developedin the United States 15years ago andholds great promise for South Africa. It setsout to encourage people tothink criticallyabout the law(whether they are scholars,students, teacher or adult working incommunity organisations). It does this in avryenjoyable manner which Is great fun.e'Everyone doing Street Law is required toparticipate actively in a learningprocesswhich emphasises problem solving throughrole-play and buzz groups. In this processlrners find out what thelaw is In ~nyearimportant areas of their lives. In addiiintion,learners are actually encouraged to thinkabout such laws,to evaluate them as fair,orunfair, and they are led to suggest how thelaws should be changed. Several of thegamesput the learners into a position where they arelaw-makers and are encouraged to make lawsas they would liketo see them.Professor David McQuoid-Mason of NatalUniversity has written Street Law books forSouth Africancircumstances. Ultimatelythere will be six volumes containing easy-to-grasp ways of learning about the law. Thebooksinclude cartoon drawings, problem-solving games and guides as to how to runmock trials. Each topic is treated intwoformats: one for the learners, the other forteachers. The idea here is that teachers do nothave to be lawyersthemselves, nor do theyneed to have studied law. They need simply tofollow the instructions in the teacher'sbook.They get help from a regional co-ordinatorbased at a law school in the region, who runsweekly workshops forteachers. Law studentswill also be part of the scheme acting asresources to teachers who want additionalhelp.Theproject is being implemented in Natalwhere it is being received with greatenthusiasm. Several workshops havealsobeen conducted in the Western Cape atschools, youth groups, and service organisa-tions. The Association ofLaw Societies has inprinciple agreed to fund the posts of regionalco-ordinators throughout the country. Whenthattakes place, Street Law is likely to takeoff with gusto.

of 53

16 March 1988sevC'9a1' The report from the Black Sash (Albanyregion) below illustrates the excitement andjlli~qG'shave practical possibilities of these ideas as theysaid they take root in Grahamstown.Would To know your rights inLaw and standup for these rights will be the aim of AlbanyWelcome Black Sash Advice Office workers who are,StreetLm studying Street Law as is being disseminatedby the Association of Law Societies of theft26dC'7Jts Z92 Republicof South Africa.their courts. From its base in the Centre for Socio-LegalStudies at the University of Natal, Durban, itisalready being taught in more than fiftyNatal schools and has spread to the EasternCape under the umbrella of theRhodesUniversity Law Department.Advice Office workers have attended twoworkshops in Grahamstown and arenowawaiting further literature on: Criminal Law,Juvenile .lustice, Consumer Law, Family"aw, Welfare and HousingLaw and E:mploy-ment Law.Familiarity can breed contempt - andconfidence -- the sessions have so farrevealed. Roleplaying in typical situationshas been a valuable exercise.`1 see our role as teaching people their rightsand to stand upfor these rights,' says veteranGrahamstown Advice Office worker, Profes-sor Nancy Charton, who thinks thatthisshould be an aim of every advice office.'The Street Law workshops in Grahams-town have attracted schoolteachers, welfareworkers, representatives of women'sorganisatons and attorneys.Judges have shown interest,according toMr Rob Mid gley, Rhodes Law Lecturer.'Several itidges have said they would welcomeSc I.ziw studentsin their courts,' he said.Prulcssor David McQuoid-Mason, NatalUniversity law teacher who initiated theproject says,'Street Law tells people aboutlaw that affects them in their everyday life onthe street.'Every time a person buyssomething, rentsa house, gets married or divorced or isaccused of a crime he/she comes in contactwith the law.StreetLaw helps people to understand howthe law works and how it protects people. Italso explains what the law expectspeople todo in certain situations. It tells them about thekind of legal problems they should watch outfor and how theycan solve them.'Many people do not believe that poorpeople renting broken down houses can get acourt orderinstructing the owner to fix them.hey do not think that people who buycars that do not work properly can forcethegarage which sold them to make repairs orrefund their money. Others probably do notbelieve that peopleassaulted by the police canobtain compensation for their injuries,' saysProfessor McQuoid-Mason.The flavour ofStreet LawJohn and Peter steal bicycles belonging topeople at their school.The shopkeeper sells them a radio whichheknows does not work properly.~.: '' 0 1/1N'= _--n.On their way back to the shop John knocks overan old lady andinjures her.On their way into town they ride through a redtraffic light.

of 53

March 198b17John is charged with raping a woman in Pretoria.Govan murders his wife in Pietermaritzburg.Peterbuys a car from a garage in Johannesburg for 88000. Inbreaks down three days later.In Grahamstown, theprogramme isalready being introduced in five schools.'The Street Law programme is particularlysignificant herebecause legal resources arescarce in the outlying areas. It becomes evenmore important that people are madeawareof the opportunities that law does provide toptectro , people against the unscrupulousbehaviour of others,' MrMidgley said.At the same time the educative value ofStreet Law and its effect on improving basicskills must enhanceindividuals' ability tocope with life's difficulties, he added.Professor Charton said, 'Advice Officeworkers hope to use itto great advantageduring the queues which form while awaitingadvice. This will be an ideal opportunity toteach peopletheir rights.'Information which should be disseminatedwould deal with hire purchase, the Law ofContract andunemployment insurance, sheadded.`Several areas which are coming up shouldbe really helpful to Advice Officeworkers andthose of us who w ork for GADRA (Grahams-town Area Distress Relief Association),' saidMrs BettyDavenport.Mrs Gail Victor, Guidance Teacher atKingswood College, said the plan was tointroduce Street Law as a lifeskill in the post-matric bridging year which will be introducedat Kingswood next year. She said,'Meantime1 started withthe Standards 9 and 10 boys andgirls. They are very interested. I believe it hasgreat relevance in preparing youngpeople tocope with life.'A significant aspect of the Street Lawworkshops had been the distinctions drawnbetween legaland moral situations. `This hasgreat application indifferent sectors of ourcommunities,' she added.Mr KenLemon-Warde, who teaches lifeskills at St Andrew's College and theDiocesan College for Girls, said heregardedStreet Law as an 'all seasons' exercise. `1 shallcertainly slot it in next year, probably, fromthe Std 8 or15-year-old level,' he added. `I likehegroup participation the role-playingaffords, also the factual information itimparts.Too many of us are ignorant of ourrights as to hire purchase, guarantees and soon,' Mr Lemon-Warde said.Theexercise would not only teach peoplenot to accept a situation blindly. it would alsoteach people to be more articulatein certainsituations. 'It leads to critical thinking andcreative problem solving,' he said.Knowlcdge of the law could alsohelppeople to 'keep their cool' in any givensituation, something very necessary whenthey were involved in accidents,for instance.Teachers from schools for blacks attendedthe first workshop. Black attorneys andstudents have alsobeen present.'

of 53

March 1988 21The jurysystem i.r ...bared on theidea thatone shouldbe tried byone's peers.Youth organisations ofboth the majorpolitical tendencies (CAYCO and AZANYU)became part of the court, which came to beknown as theNyanga East Youth Brigade.My interviews all tend to suggest that thefounding of the Youth Brigade's court wasnotdiscussed and approved within the extra-parliamentary movements prior to itscommencement. It was founded on theinitia-tive of youths, some of whom were membersof youth organisations of the majord0 1tee logica ndencies (CAYCO (UDF-affiliate) and AZANYU (AZAPO-affiliate)).The evidence points to the strong likelihoodthat CAYCO andAZANYU members didnot join the court with a mandate from theirorganisation, but in their private capacities.Initiallytherefore, although members ofthe Youth Brigade court thought of them-selves as performing a valuable service tothecommunity, it cannot be said that they wereformally accountable to their respectiveorganisations.At first themajority of people broughtbefore the court were youths, ranging in agefrom 14-30. (The term youth here refers moretoyouthfulness in intellectual and culturalstatus, than to age in years.) Any cases thatinvolved adults, or dealt withmaritalmatters over which the youths had noauthority, were referred to the local CivicAssociation, or the appropriatebody in theprogressive movement.Re-educationThe founding idea which directed the Court'soperations was todiscipline deviants byimposing sentences that would entail therendering of a service - either to the victim oftheiroffence or to the community as a whole.(For example, by cleaning out someone's yardor helping elderly people painttheir houses.)In terms of court procedure the YouthBrigade (ranging from 15-50) would elect fourmembers to officiatein the Court. Thechairman (there were no female members)would preside over proceedings without aright to vote.Other òfficials' kept records.Complainants and defendants were thenac tell 1 0. o he hsk d to the I r st 'i's I t , co urt,and t cBrigade members were given an opportunityto ask questions. All Brigade members had avote and had the rightto suggest appropriatesentences. Questions of guilt and appropriatesentences were handled by means of votes.Boththe youth organisations involved alsoused the court as a forum to recruit deviantsto participate in future courts, andtheirrespective youth organisations. In otherwords once disciplined and `re-educated', theformer deviants were invitedto become partof the court that would in turn discipline otherden iants.The idea behind the practice ofassimilatingformer deviants to the adjudicating structureis an attempt to counteract the alienationcaused by theconventional process of justicewhen a convicted person is sent to prison.Incorporation into the People's Courtwasintended to provide the former deviant withthe opportunity of becoming more familiarwith the code of behaviourexpected of youthsat the time. In theory, it also gave the moreexperienced members of the Brigade anopportunity tokeep an eye on the youngstersand give them some guidance where this wasconsidered appropriate. While thiscouldperhaps have worked under different circum-stances, it was difficult to apply successfully inthe volatile climatetowards the end of 1985.This process may well shock those peoplewhose conception of justice is based onnotions ofòbjectivity' and 'impartiality'administered by professionals. One shouldhear in mind, however, that informaljudicialstructures, of which People's Courts aremerely oiae manifestation, have always hadlay members who applynotions of justicepeculiar to the particular cultural and orlocal circumstances. The jury system issimilarly based on theidea that one should betried by one's peers. rather than by peoplefrom a different race and class. In terms ofthisconcept, the jurors apply notions of justice intune with their particular culture.Although in principle thesemotivationsconformed to the noblest ideals of `re-education', `re-integration' and appropriatesentencing. in practice itdidn't work out thatway. What eventually happened was that theconcept of àppropriate' sentences becameladen withother meanings supplied, often asnot, by these former `hooligans'. Sentencesrapidly increased in severity towardsSeptem-ber-October 1985. It was not unusual for thecOLII-t to sentence someone who had stolen atape-deck to thirtylashes, far in excess of themaximum lashes (seven) in the official courts.Sentences as high as one hundred lasheswereimposed for crimes such as rape and seriousstabbings.While these sentences ~rre extraordinarilysevere, it mustbe remembered that the moodon the streets was then extremely volatile.People were being shot dead by the`security'forces almost daily. When challenged aboutthe nature and severity of their sentencing.members of the courtargued that the 1-Is ofviolence township youth experienced at thehands of the `system' far exceeded the lashesthePeople's Courts imposed after both sidesof the story had been heard. Moreover, theyargued that assaults, torture andshootingwere inflicted by the `system' before thevictims were brought to court and charged.The State of Emergencydeclared in the Capeon 26 October 1985 made it more difficult for

of 53

20 March 1988yourstructurescan delivera don't ofilficulties exacerbated by obscure legalbelieve that terminology;theI-,avul absence of legalrepresentation and Icgal aid; alleged policebrutality in eliciting confessions; andprisonsentences with few or no `rehabilitation'programmes: in short, for as long as justice isnot perceived to be doneby a substantialsection of our population.ju.rticeto us .,People's CourtsIt is necessary to begin by confrontingtheallcgat'on, wh I ch the sta te-cont rolled . edia' I(have have donc their part to promote, thatnecklacing is closelyassociated with thesentences delivered by People's Courts.In my recent research in Cape Town I didnot unco,cr anyevidence of necklace killingsby the established People's Courts. The onlyincident of necklacingthat I have comeacwith a connection with a People's Court waswhat I would call a revenge killing which tookplace in the followingcircumstances. AFormer chairman of the I,TC People's Courtwas neckIaced when a group of people, someof whomwere victims of his particularlyharsh sentences, caught him alone one day in.lanuary 1986. ~-they subjected him toanimpromptu `hearing' which they simplycowencd amongst themselves on thes pot.Apart from this impromptu act, Iam notaware of incidents anywhere in South Africain which someone was sentenced to benccklacc<1 by a People'sCourt.If one attempts to look behind the eye-catching news reports in order to analyse thebackground to People'sCourts, one detects amessage which has serious implications forthe Botha government. In essence,townshipicsidcnts have said: We don't believe thatyour structures can deliver justice to us, so wew ill create our ownstructures. In other words,'our justice is more sensitive to the needs oftownship residents than your justice'. 7hisamounts to a vote of no-confidence in a,vatcm whose,! udiciary has been held up as amodel of independence andobjectivity parexcellence. It is not surprising that the govern-ment seems heat on smashing structureswhichassertLma that pople y benefit fromtaking responsibility for the running of thisaspect o1 their lives.Many courts havebeen destroyed whentheir members were detained. Currently 48per cent of all detainees in the Eastern Capearc indetention because of their involvementin P'eople's Courts ( Weekly Mail, 20-261Vovcmbcr 197, p. 4, citing HumanRightsTrust analysis). In other canes, members havebeen arrested and charged. At first the chargeagainst membersof People's Courts wasusually assault. Later, as an appreciation oftheir significance increased, participantswerecharged, it' not with murder, with sedition,offences under the Internal Security Act andeven with treason. Some ofthe assaultcharges were sustained, as were some of thesedition charges. Trials involving allegedoffences under theInternal Security Act,treason and murder (notably the Alexandratrial - referred to on page 1 1) are at the timeof writingstill in progress.The increasing severity of the charges is anindication that the government realises theenormoussignificance of the loss of legiti-macy of its own legal system. It has con-sequently tried to brand the membersofPeople's Courts as criminals and traitors. Inthe case of the Alexandra trialists, who arecharged with treason amongother charges,the prosecution has alleged that People'sCourts are part of a revolutionary strategy,the M(Mandela)-plan.Regional differencesThere are substantial regional differences inthe development of people's courts.In theEastern Cape and the Transvaal, courtsappear to have been formed as part of extra-parliamentary structuresand have declaredthemselves accountable to the progressivemovements; this does not appear to have beenthe casein the Western Cape.In the Eastern Cape and 'l ransvaal People'sCourts were set up by UDF affiliates, insometownships in conjunction with local street andarea committees. This has meant thatrepresentatives of politicalmovements,women's groups and youth groups becamepart of the courts.Most People's Courts in South Africa aroseatabout the same time as the consumerboycotts of March-August 1985. They dealtwith opportunists who were simplyrobbingpeople of their shopping bought at `approved'outlets, in the guise of policing the boycott aswell as the boycottbreakers. The People'sCourts tried and sentenced these opportunistsand importers. At the same time it is allegedthatconventional policing of the black town-ships by the SAP came to a virtual standstill.The police were allegedly mostlypolicingPolit I cal matters rather than conventionalcrime. Consequently there was a marked in-crease inhousebreaking, robbery, assault andtheft. Another function of People's Courtswas to cope with these violations.Incontrast to the development in otherregions the first People's Court in the WesternCape started at the Nyanga ArtCentre whereyoung `hooligans' had sawn off electricitypoles, snipped the copper wires and sold themto scrapmerchants. This left the Art Centrewithout electricity and the artists crafts-people could not do their work.Somemembers of the Art Centre convened a courtto discipline the youngsters. Members of

of 53

March 1988 21The jurysystem is ...bared on theidea thatone shouldbe tried byyouth organisations of both themajorpolitical tendencies (CAYCO and AZANYU)became part of the court, which came to beknown as the NyangaEast Youth Brigade.My interviews all tend to suggest that thefounding of the Youth Brigade's court wasnot discussedand approved within the extra-parliamentary movements prior to itscommencement. It was founded on theinitia-O?Ze'.f Peers. five of youths, some of whom were membersof youth organisations of the majorideologicaltendencies (CAYCO (UDF-affiliate) and AZANYU (AZAPO-affiliate)).The evidence points to the strong likelihoodthatCAYCO and AZANYU members didnot join the court with a mandate from theirorganisation, but in their privatecapacities.Initially therefore, although members ofthe Youth Brigade court thought of them-selves as performing avaluable service to thecommunity, it cannot be said that they wereformally accountable to theirrespectiveorganisations.At first the majority of people broughtbefore the court were youths, ranging in agefrom 14-30.(The term youth here refers moreto youthfulness in intellectual and culturalstatus, than to age in years.) Any casesthatinvolved adults, or dealt with maritalmatters over which the youths had noauthority, were referred to the localCivicAssociation, or the appropriate body in theprogressive movement.Re-educationThe founding idea which directedthe Court'soperations was to discipline deviants byimposing sentences that would entail therendering of a service-either to the victim oftheir offence or to the community as a whole.(For example, by cleaning out someone's yardorhelping elderly people paint their houses.)In terms of court procedure the YouthBrigade (ranging from 15-50) wouldelect fourmembers to officiate in the Court. Thec"airan (there were no female members)would preside overproceedings without aright to vote. Other òfficials' kept records.Complainants and defendants were thenasked to telltheir stories to the court, and theBrigade members were gi"en an opportunityto ask questions. All Brigade membershad avote and had the right to suggest appropriatesentences. Questions of guilt and appropriatesentences werehandled by means of votes.Both the youth organisations involved alsoused the court as a forum to recruit deviantstoparticipate in future courts, and theirrespective youth organisations. In otherwords once disciplined and `re-educated',theformer deviants were invited to become partof the court that would in turn discipline otherdeviants.The idea behindthe practice of assimilatingformer deviants to the adjudicating structureis an attempt to counteract thealienationcaused by the conventional process of justicewhen a convicted person is sent to prison.Incorporation intothe People's Court wasintended to provide the former deviant withthe opportunity of becoming more familiarwith thecode of behaviour expected of youthsat the time. In theory, it also gave the moreexperienced members of the Brigadeanopportunity to keep an eye on the youngstersand give them some guidance where this wasconsidered appropriate.While this couldperhaps have worked under different circum-stances, it was difficult to apply successfully inthe volatileclimate towards the end of 1985.This process may well shock those peoplewhose conception of ,justice is basedonnotions of òbjectivity' and ìmpartiality'administered by professionals. One shouldbear in mind, however, thatinformal judicialstructures, of which People's Courts aremerely one manifestation, have always hadlay members whoapply notions of justicepeculiar to the particular cultural and orlocal circumstances. The jury system issimilarly basedon the idea that one should betried by one's peers, rather than by peoplefrom a different race and class. In terms ofthinconcept, the jurors apply notions of justice intune with their particular culture.Although in principle theirmotivationsconformed to the noblest ideals of `re-education', `re-integration' and appropriatesentencing, in practice itdidn't work out thatway. What eventually happened was that theconcept of àppropriate' sentences becameladen withother meanings supplied, often asnot, by these former `hooligans'. Sentencesrapidly increased in severity towardsSeptem-ber-October 1985. It was not unusual for theL L" to sL'('L 't nt c rice someone who had stolen atape-deck tothirty lashes, far in excess of themaximum lashes (seven) in the official courts.Sentences as high as one hundredlashes wereimposed for crimes such as rape and seriousstabbings.While the>c sentences are extraordinarilysevere,it moat be remembered that the moodon the streets was then extremely volatile.People were being shot dead by the`security'forces almost daily. When challenged aboutthe nature and severity of their sentencing,members of the courtargued that the levels ofviolence township youth experienced at thehandy of the 'system' far exceeded the lashesthePeople's Courts imposed after both side,of the story had been heard. Moreover, theyargued that assaults, torture andshootingwere inflicted by the 'system' before thevictims were brought to court and charged.The State of Emergencydeclared in the Capeon 26 October 1985 made it more difficult for

of 53

22 March 1988(kt'clop_file nt_cdin, lllZ.1 bedill, t:~l~ll-IllIl72Zt'~ .ft l! pp(ll't forl-c hl'I~t;ade'.rthe Youth Brigade court tooperate. They- rtttc a letter to the commanding oli'icer atthe 6ugulctu police station to state theiraimsc,l acting againstcriminals and vandal.Mztjt~r Burger stamped their letter andtctttrncd it ttt Ihem telling then, to shoo it topttlicentcrt"antittg ttt itttcrlctc vtith tileliti`ad""Vor a ~~hilc. hetucctt Juneand seplenthcr 1985, the 'cttttt t' had secntetltt1 cnjo~Littitc it lot of ~uppott Irom mcmbcr,cal the community. a~ tltcy tt( tttall_v succeededin reducing the high ct tt;. Late itsthemy n,h ipa.Suppt~t t 'a' .h`- b~ the rapidlyin, tca,ng nunthet of ca- that vverc broughttt. Although this assctti(ttt isdifficult to"i"i'licalk, ift'Ll, knoing1\1to I,II"\ the caws to court, in fact, there~~ e t c ut mangy LilL that the court way d ieidedtnttt I\(tt, and htrtit court, heard ca~e~ untiltalc into the night. and on -kend, Sc\cral~,tltet 1'cttple"S Courts 1crc ,ctup in Ca p('t--Nhtp~ ttt-tr(1~ the end of the scar. Ilte1 ,,till Iii izadc had -oral patrols that actedlilk, ;ttt irttottnal policeforce. Ihcit pr_tt('c.r. the tt~n~hip street, appear., to ha- hadan impact stn the ~trcet-crime in the area. But,ih.ctltictrtd-loptnen, diminishe(1 the~ntnrttrrit~', "tpport 101 tile Ct)trr1.Ilte lii~t ~\as tltc incrcasingl~ Sc\etc.critcttcc~ tt Irttp()~edand tftc brutal ntanrtcr ctlthcattc.titti'pick-ttp~dtt,td'. The second ~~t~;t hc-cttlor~ irttpttkc that became p"'a'"tits thecoot,. \er~ I-accu.,cd, it ttn~.nt;tna"cd m Imrsuadc the e<turt of thm:trttttccrtcc. Ilte -crwhcltning nta,jorit~ ttlt:.ctt~ed\\etc found guilt\.I he third atjd most important reason for~Itc its., of '"')port "its that th- ~outlt~.i;tttc~l taking on ca~c~in~ttl~ing a<lult~ tt~ctx\ht1nt. its terms of cullutal norm, they had,tttthori- 11tc tact that they tried andI~t;t:;,ltctl adult..<t~ ~~dl it, prttttttunce(1~cr(Itet~ its rtt~trital mattcr~.~(a~Hidcly~eetttt,;In ltlla('l'eptahle. it nd "it giant \iolatittttof~rr~-tandittg ttaclition,. I inall~ tltc 1'tttttltIts t,~;ttlc~ court ~~a.~ ~cen it, not he' ng an,wer_able art the logi-i-nio\,mcnt.Political divisionslie influcttce that ntctnl~cr~ trl tile et~t ~trtuct,t~outlt orgattisatiut. Here 1, a,ing )\"- thecotittdiminished markedly as the rt,nthcr ctlI~ttttet unaffiliated vouth~ gte~. (;11C()otenthct~. in particular, left thcttr.cl-, heihgigttnrctl c,r c,\cLn opposed itr:(I rejected h~ntemhcr~ of the N, (",III Bt ig;ttlc. -l hey hadit rgtted lot- e(lucat-Scrttctrcc,, dctnocratiedt, -on-making. disciplined "rocedure,,",akna.ing ~ettterteeS, <tect>unlabilit.) to. . ;.-1rrSSi-mo,cmettt and for rdrairtingI~r~tt: .~.;i tlicatmg over ntaltcr~ relalcd tit;t(Ittlt,. I!,; .'ca, glment~ \(crc rc.jectcd b\theBrigade members in favour o1 a moreimmediate, dramatic and militant style ofrunning the court.At that time it wasextremely difficult foryouth organisations such as" CAYCO tointcr\ene nuthoritati\ely for a variety ofreasons. l!rtder theEmergency many act, istsmere either in detention or in hiding, andleadership skills were therefore ,prcad verythinlythroughout the township,. Secondly,NYC"O was still trying to pcr~tradc thc~eunaffiliated youths to become part oftheirorganisation and thereby -b_ject to ill'discipline and educative programme. Hea\ 5-handed action would havemade it moredifficult to recruit neN members through tilecourt. Thirdly, the term 'comrade' 11asappropriated bymembers o1 the YouthBrigade in a \cry loose uay. In the mood ofthe time, being a comrade signalled being onthe'right' side, and implied that ttrte'~ actionhere performed in the intere- of the broaderma", of people. Anyone Nhoopposed tt',on,,L',a,b,iilgd ri`lo\itl, unpatriotic, andcoul(1 cjt,i1\ be Stthjeeted to 'disciplining'. l etntanv of the YouthBrigade men""" pi"": the rteM recruit, had \en littleLtrt(It't-standing of the hefti, iour ~ihich -t., rc(luir, dof it nrcmhet ofprogcssi\c organisations.I h ev srmpl~ 'did their ow n thing and claimedto lta- the blessing ofprogressi-orgar-atiott~."on", ucntlv, some of the (Al ( ()mcmb-. Mtosc political pos ittt~rt~ ~~ctcbeing comptontised b~dc\clopntettt, tltc~could not accept, wI thdr- Irons tltc youthBrigade court. In tact, sonic of tltctnexpressed relief whenthe state finally inter-\ettc(I to the running o1 the court.The state's interventionWhat way surprising was that the statedidnot inter,cr" lor arch it long time. 'l ire(1i\i,ion~ that the court ~~t~ ctcatirtg ~~itltirtthe community apparentl~coincided ~~ith theMate", intcrcstS. It -as only its No-mbcr1985, when the court punished members o1the family andfriends of it conttttttttit\councillor, that arrest, were cat t icd <t11. I Irestate's inter-ttion at the moment theI'coplc's Courtmeddled with Lasi-stalc'it uclures, or people close to, I,( ),c 'ill 'c"'r,"-is clearly an attempt to ntamtitio thecontnttrnitvcouncil -tent which via,eliciting So much hatred in tltc township.Ilte Man"c' in ~Iticlt the ettrnntttttit~councillor's lamil,became irt\ol\e(I irt thisItai ocular case -t~ indirect. On, cotirtetllttr~ae(luaittt:tncc a, itt~ttl,c(f in a dispute \kI'llIltecomplainant it nd the commurtit,ctic llor's larnil~ stood uf~ lo.,ptltl', hi-do", of the C, ill,dUr .11" 1111 COUISIc.Lcomplainant then reported ntenther, of tltc

of 53

March 1988 23The aim wasto constructthe lowestrung of ajudicialhierarchy ...Sogiba family to the Youth Brigade courtforabusive and threatening behaviour. Thefamily was summonsed to appear and afterseveral unsuccessful attemptsat settling thedispute, and after several warnings issued bythe People's Court to the parties involvedordering them todesist from their slanderousbehaviour, members of the Sogiba familywere brought to court. They refusedtoacknowledge the court's jurisdiction overthem, and were given 60 lashes for `contemptof court'. The next day 32members of thecourt were arrested and charged with assault.During 1986, several (but not all) of theother courts thathad sprung up in thetownships and squatter areas were alsobroken up by the arrest of their members.Looking backon People's JusticeThis brief history suggests that People'sCourts in the Western Cape can be describedas amisguided and unsuccessful attempt atintroducing People's Justice. Similar-attempts in other regions seem to havebeenmore successful before the state clampeddown on them too.In the Eastern Cape, parts of the SouthernCape(notably Bongolethu near Oudtshoorn)and in part of the Transvaal, People's Courtswere run in a far more responsiblemannerthan that described in this example. Beingmore closely linked to progressive organ-isations, accountable tothem, run by adultsin conjunction with a minority of youthmembers, lacking internal ideological rifts,practising a lesspunitive form of localjustice,and free from a strong persecutory drift, theywere more responsive to the needs ofthoseparticular communities than was the case in.the Western Cape. Where youth organisa-tions had their owndisciplinary committees,they confined themselves to hearing casesinvolving breaches of the internaldisciplinarycodes. This did not meet with much criticismon the part of the communities in which theywerebased.Examples of similar informal structures inthe past were the Isolomzi and the Amavolun-tiya of the 1960s and1976s. They are only twoof the many alternative `courts' and `policeforces' that residents themselves have organ-isedover the years. Isolomzi - `the eye of thecommunity' - was a group of responsibleand respected residents of Capetownships.They were volunteers who represented thecommunity in matters relating to housing,but their functionswere later extended tosettling disputes in a small informal court.The Amavoluntiya (volunteers) were a type ofvigilanteforce whose focus was to patrol thet0wnshi~ streets at night 'I., order to deterr )bbL,rs and petty criminals frommolestingresidents.People's Courts built on these structures innew ways. They were an attempt to createstructures ofpeople's power that would carrySouth Africa through the transition fromapartheid to a non-racial democraticunitarystate. The aim was to construct the lowestrung of a judicial hierarchy in which popularlocal values and normswould be takenseriously. These courts, if they are runresponsibly, could be very well suited tocommunities underpressure from a valuesystem they reject. They enable these Lom-munitics to express values and norms whichare notacknowledged by the dominantgroupings in the society. They have additionalfunctions aboxe those of theconventionalcourts to which we are accustomed. Ideally,there is a very strong educative component inPeople'sCourts. The court is intended toserve a dual function: that of conductingcourt procedures as well as organisingacommunity.In terms of the N ision which sees People'sCourts as appropriate informal structures forsettling disputesand controlling townshipcrime, residents arc encouraged to becomemembers of the court su that decisions arearrivedat by a democratic process, and assuch enforced by the community as a whole,rather than by civil servants.Sentences aredevised so as not to alienate but to sere thecommunity.People whose iews and contact w ithcourtshave been influenced and shaped by aWestern mindset would see -eral dangersi hen , nt n People's COLI I ~ 1 1' aI"' kr' I 's. I heof 'objectivity' and independer,ee; the secondis the danger of being accountable to apolitical movement.These fears are notwithout substance, but there are eqriallv validr-eser,ations that can be raised by the work-ings ofconventional justice as practised inSouth African courts. Some of these havebeen referred to earlier.South Africa hasmuch to learn fromsituations of compromise 1ouiul in corintriesthat utilise the jur system, where a lormaljudgeadjudicates in combination with theappro,ed peers of the aectised. l hose peers:ire held to he more in tortcll with tilerealitiesof one's ow n lip ing circumstances than peoplewho are removed from them. 'I his i,especially true ofa societyits acutely polarisedas ours.I~he progressive movements will no doubthave taken cognisance of the mistakes madeinthe establishment and running of people'scourts (particularly in the Western Cape)during 1985-6. When the nextopportrrnit~presents itself. to reintroduce them, theirstructure and procedure are likely to reflectthese lessons.OVilfried Scbri'f i.r~t.rc~tlorlccturcr~rt ~bc Inrtitutcof

of 53

24March 1988'A stroller is someone who don't .deep by his house - hesleep r in the street. He don't eat by hi.r house -he eats bythe b "n,, A stroller is someone who thinks he ",free. Dou hot Lei ,, zztilzd .r~t~.r. It'.r a lzicezz~tytzcfor'Anoohcr Street'.'l he duality of life on the street shifts between extreme polesof experience. It is a place ofrefuge fromcircumstances back home and at school. A place which alsoholds the great allure of freedom andadventure in the midstof unending change and spectacle. However, another worldintrudes. It brings with it pain andfear sometimes assuagedby inhalents and drugs bought with the earnings from oddjobs and prostitution.It is believedthere are 30 million street children worldwide.There may be 5,000 in South Africa. Most are young boysunder 16years. A far less visible part of this phenomena arethe small proportion of young girls who adopt this lifestyle.~I hereare fascinating parallels between street childrenand the organised youth who ace themselves as fighting thestrugglefor liberation. Like them, street children reject theguidance and control of adults and doggedly refuse to bemouldedinto their social paueri- Both groups seek and&pen d on the support of their peers and see themselves asthreatenedand be seiged by conventional adults and thepolice. oThe opening quotation and photograph r in thin photoe,ayaredra-ij "I'llthe dncaamentution Another Street' on the liver of Cupe 7"own Strollerr.They ure by Jenny Altrchuler,Korta Cbri.rtie and Pam Warne, All photo-graph.r were taken in 1984.o "'ti, (.'ockbtzru Jur other relc-t rzztiazJoryuatiotz draton Jrozu be rinto rtrcclTop:Schot_rche KloofLeft:In Sea PoilztRight:Cape houa7 City Centre

of 53

30 March 1988the national council:a quest for legitimacymary burtonNearly two years ago, in May1986, thegovernment an-nounced proposals to form astatutory national council. This wasclearly designed tocounterwidespread rejection of the 1983constitution and the tri-cameralparliament in which black SouthAfricans hadno voice at all. Thenew proposals, however, were`rebuffed by all sections of the blackcommunity, from theso-calledmoderate to the so-called radical',as Joyce Harris recounted in SASHAugust 1986.She quoted a definition byMarkSwilling of revolution from above:a process of substantial socialchange that creates new patterns ofIcgitimationand political authoritywithout dismantling existinghierarchies of power, and arguedthat tat is needed instead isaprocess of open and freenegotiation. She concluded that theg-rnment would have to do agreat deal to alter its imageandestablish its bona fides before sucha council could succeed.The National Party government,now in office fornearly 40 years,simply has to tin some way tosolve the problem of politicalparticipation for black citizens. Thesuccessof all its plans for nationaland regional government isdc pendenr on the viability of anational council which will workondrafting another new constitution,and on the smooth functioning ofthe regional services councils, andparticularly theblack localauthorities. Only by achieving allthis will it be able to claim to theoutside world that àpartheid isdead' atlast.In September 1987, therefore, anamended National Council Bill wastabled in parliament. It was referredto theStanding Committee onConstitutional Affairs, and willprobably be brought beforeparliament again in 1988. Wemustpres;ume that in the meantimegovernment representatives aredoing their utmost to canvasssupport for thecouncil. It is in thislight that we must regard the releaseof Mr Govan Mbeki, in spite ofsubsequent restrictionsplacedupon him, and also the possiblerelease of further well-knownpolitical prisoners. The need toestablish bonafides is also seen inthe move to strengthen goodrelations with ~nkatha by annouc-ing that ìn principle' thegovern-ment was not opposed to a jointnon-racial legislature for Kwa-Natal. The participation of ChiefMangosuthuButhelezi in thenational council would be atriumph for the government.Unpacking the BillLet us look at the provisionsof the1987 National Council Bill. Itsstated aims are: `to provide forparticipation by all South Africansin the planningand preparation of anew constitutional dispensation;the granting of black South Africancitizens of a voice in theprocess ofgovernment, in the interim period;and the furtherance of soundrelations among, and the humandignity, rightand freedoms of, allSouth African citizens . ...'The council is to consist of:(i) the chief ministers (ortheirrepresentatives) of each of the`self-governing territories' (i.e.KwaZulu, Gazankulu, Ka-Ngane, KwaNdebele,Lebowaand Qwaqwa);(ii) nine `directly elected' members.(They themselves, and thosewho are entitled to voteforthem, must be black persons òfor over the age of 18 who areSouth African citizens residentwithin the limits oftheRepublic excluding the self-governing territories'. This ofcourse also excludes the ìnde-pendent national states'ofTranskei, Bophuthatswana,Venda and Ciskei , whosesubjects are no longer deemedto be South Africans.)Anelected member may not at anytime have been convicted ofany offence for which asentence was imposed of a12-month or more imprisonmentwithout the option of a fine -unless he or she has received afree pardon or amnesty,orunless the period of imprison-ment expired at least five yearsbefore.(iii) the state president, the chair-person of theministers'councils in the three.houses ofparliament, the Minister ofConstitutional Developmentand Planning; possiblyothermembers of the cabinet will beappointed by the statepresident.(iv) `not more than 10' otherpersons whom thestate presi-dent may nominate.This means that the council couldbe composed of 30 or even moremembers, of whomnine are to be`directly elected' by some ninemillion èntitled voters'. Thenominated members will be chosenby thestate president, and there isno provision for suggestions to bemade by any opposition groupings.Even ìn the interimperiod' this isnot a formula calculated to `grant toblack South African citizens a voicein the processes of government'.

of 53

March 1988 31Doomed to rejectionThe proposals have been comparedwith the Natives RepresentativeCouncil whichwas established 50years ago but lasted for only adecade. The 1987 model is equallydoomed to rejection andfailurebecause:0 the Bill itself is not the result of aparticipatory drafting processin which all sections of societyarerepresented; instead it is onceagain a proposal presented bythose in power, to be discussedunder conditions laiddown bythe ruling party.o it is based on continued òwnaffairs' or `group' thinking,dividing the South Africanpopulationinto artificial andenforced ethnic groupings, thuspreserving the widely rejectedapartheid system.4, it fails to provide foruniversalfranchise in a common society,and so it cannot fulfill its thirdstated aim of promoting soundrelations, humandignity, rightsand freedoms for all.it perpetuates the distinctionsdrawn between `self-governingterritories',ìndependent nation-al states' and `the Republic ofSouth Africa';in so doing, it denies basic civilrights to those morethan eightmillion people who weredeprived of their South Africancitizenship by the formation ofthe ìndependentnational states',and offers only limited repre-sentation via their chiefministers to residents of `self-governingterritories'.The most essential requirement forthe success of any governmentalstructure is the legitimacy whichisafforded to it by the consent of thegoverned, and this vital element isclearly absent from the proposednationalcouncil.The local authoritiesconnectionLegitimacy and consent are equallynecessary to the correct functioningofregional government structures.It is for this reason that localofficials around the country arestriving to ensure that theblacklocal authorities are seen to beoperational. The black localauthority system was seen by thegovernment as oneway in which tocompensate for the absence ofblack representation from the tri-cameral parliament. By contrast, itwasseen by the majority of thepeople as an extension of apartheidand as the state's attempt to co-optfurther juniorpartners into its planto retain the èxisting hierarchies ofpower'. Anger and resistance weredirected at those whoaccepted thesystem. And in some areas the towncouncils were forced to close down.It would seem that one oftheobjectives of the declaration of theState of Emergency was to break upthis resistance, to detain commun-ityleaders and to reinstate localauthorities where àdministrators'had had to be appointed to fulfilltheirfunctions.Normalising administration?At the beginning of 1986 only 18 ofthe 45 town councils in the EasternCapewere functioning, but byOctober 1987 all but five wereoperating fully. This is what thegovernment refers to as a returntonormality and stability - but weshould question how it is achieved:In a few local authority areas,the councils are stillnotoperating and administratorshave been appointed to carry outtheir tasks.In some other townships.administration isby townshipmanagers and staff, responsibledirectly to the regional prov-incial administration.In some townshipselectionshave reportedly been heldnormally.In yet others, public meetingshave been held at whichproposals are madeand theadministrator then appoints thenewly formed council. (But inone township, when a publicmeeting was calledby theadministrator to discuss Pro-jects and general matters', notone single resident attended.)These are instancesfrom theEastern Cape, but there must surelybe similar efforts to impose`normality' on townships all overthe country.Insome areas the introduction ofinumcipal guards can be seen inpart as an endeavour to support thereinstatement ofcouncillors andthereby to ensure credibility andlegitimacy for the structures.The reports we have receivedabout theelection processes givecause for concern over how theelections for the nine members ofthe national council canbeexpected to proceed.The outcome of these efforts bythe government to gain much-needed legitimacy for its plan isofcritical importance. The buildingblocks are being put into place, andthe authorities are clearly intenton erecting thestructures. Thegovernment has the power to forcethem to work and is trying to woowider acceptance and toattractparticipants who have credibilityand support.In the short term. this quest forlegitimacy may bear fruit, but inthelong run it will have a bitter taste.l he drafting of a new constitutionwhich will be held in high regard bythe majorityof the population, andthus be truly legitimised, requiresthe unhampered participation ofrepresentati-s w ho hay c theclearsupport of nation-w ide constituen-cies.This cannot happen until thegovernment comes to terms w iththe needto:guarantee common citizenshiprights for all South Africans(including those who arepresently designated asbelong-ing to Transkei, Bophutha-,d,Is, ,, en and Ciskei);urban political organisations.allow the return of exilesandrelease political prisoners anddetainees so that all may partici-pate;'I lie State of Emergency:t I ~ protect thefreedom of the press,freedom of speech and publicassembly, and assiirc the safetyof participants, so that idea,madbe widely debate=d and theelectorate ybe well informed;e agree that negotiations about anew constitution will notbeconstrained by existing struc-tures such as the tri-cameralhouses of parliament or theregional services councilsandblack local authorities.Only once this has been achievedw ill it be possible to claimiegitimac_v for any newdispen-sation. O

of 53

32 March 1988diary of a rural visitbeva runclman7l'c- Black Sa.rh ha.r'traditionally concentrated its work-i7t the nlalorurban centreS, where its menaben-hip i.r-reak.rt. D,.r fine being thinly .stretched, its urbanrc.ro~rz'cc.r and supportnetwork.r look- lavi.rh when .Teen.1row I`7e ')er.1pealve of rural conlynZLn212eY.n ~lundrctis of remoteillages,Illedgling organisations have11111 placed under siege during the-Ii"es 1~f I.mergency. With no localsupportand few links to the outsideworld, the harshest repression canproceed unmonitored, uncheckedand unchallenged.I hechallenge of responding tohuman rights issues in rural areas isso past that it has been impossiblefor the Black Sash,with its currentresources, to cope in any systematic1, wy. The most w'ha ve been able todo is respond, "herepossible, tospeeilic icqucsts Iron certain ruralelnllllllnltlev.[)i Bishop and Molly Blackburndid This I(11 Inane years,-,"rigIllral pillages ~~h en their support~~a~ leqt,csted. As public repr~-,entati~es, thc~ did much 1<~cxposehat -Isgoing <In in the smalltowns of the Cape `platteland'. Dicontinues to do this work in herprofessional capacity.I lie BlackSash's Trans-alRural Action Committrc (1 RAC)~~I. olir lirst strtlettlral attempt torespond to problrms in rural areas.Ihe cOmmittec, based in Johan-nesburg has been one of the BlackSash's most stlccessltll pioncrriltgventures in recentvicars.I he Bltlck Sash does not have aa 1, 1, ural -, o net") L-k inI Cap,. -c;Ic I . ~L Ic atbecoming aHarc of the needtodc\elop our capacity to becomemore "If ecti\e in responding to1 LI rtl issues.This point was driven homeagainrecently when I wasDe Aarrequested, at short notice, to join ateam of legal experts andrescarchel:s tr~l~elling throughtheKllroo and the Eastern Cape to takeall ida\its from assault \ictims.-file trip -is undertaken at therequest of a Cape'lawn advocateN 111 had been contacted by peoplein se\cr;ll rural townships. This iscane sof the lew ways thatisolatedcommunities can bring theirsituation to the attention of LI rban-based organisations. Often thehope of thecommunity rests on asingle phone call that one of itsmembers makes to an urbancontact requesting stlpp(,rt.Oftenthis contact is a lawyer whosereputation has spread.In order to follow up effectivelyon such contact, additionalservicesare needed. Increasingly, the BlackSash is being called on to becomepart of this support infrastructure.Ourteam had four members: anadvocate (Graham Taylor),Willr ied Scharf and Rob Watsonfrom the Legal EducationActionProject (I.GAI') based at the Uni-~crsity of Cape I o'n, s Institute ofCriminology, and I. My job - toassist in takingstill cmcnts.Our itinerary included threepoints of call: De Aar, where wewcrr to take statements on allegedcases ofassault by the securitypolice; Hofmeyr, to take state-ments on allegations of torture andharassment by thekitskonstabels;and Aberdeen, to take an affidavitfrom the sister of a clergyman whowas killed by a kitskonstabelinJune 1987.We were met by Ernest Mobeki andNom bulelo H 'ithani. They bothaleged that t hey had ~eenassaultedIfand tortured by the security police.Ernest still had fresh scars andcomplained of earache. I accom-paniedhim to the district surgeonto have his wounds noted, whileGraham, Rob and Wilfried calledon the security police toinformteh 'm of what we were doing and towarn them that any future allega-tions of assault would elicit asimilarresponse.The district surgeon seemedreluctant to examine Ernest as hesaid he did not want to go to CapeTown for acourt case. However, heeventually agreed and verified thatthe wounds were consistent with theallegations of assault.He alsosurmised that Frnest's ear drumhad burst and intimated that itmight require surgery to repair it.Later thatafternoon Wilfriedand Graham managed to lay acharge of criminal assault againsttwo security policemen. Thepolicefailed to conceal their anger, butagreed to take statements from thecomplainants. We managed toobtain copies,which appeared to besatisfactory.HofrneyrOur day in De Aar provided oily aIorctaste of what teas to come inHolmeyr,a tine village north-eastof C radock. The local blacktownship has a population of about3 000, which is several timesbiggerthan the white `town'. It is a typicalrural illage, with most men andmany able-bodied Nvomen workingas migrantlabourers in the majorurban centres. Youth and old folkcare lot- the children.The day ,e spent there passed ina hazeof heat and exhaustion as wetook statement alter statement,telling of random beatings, torture.harassment and thebrutality, of thekitskonstabcls. Although "e"experienced none of this directly, it~~as harrowing merely to takethestatements. It became,pparent thatthe SAP in Hol-rr ~erc refusingto accept charges residents wishedto lay againstthe kitskonstabels.Far from establishing law andorder, it seemed that the kits-

of 53

March 1988 33konstabels were responsible forenforcing a reign of terror andofficial anarchy in the township.Thepeople were frightened, butdeeply grateful that we had come.While we were there we had twovisits from the SAP -the first toask what we were doing and thesecond to take our names andaddresses. As we were there withGrahamTaylor, who had beeninstructed by a law firm, there wasnothing they could do to stop us.We left that afternoonandstopped at the police station to tellthe police we would be returning.We were very keen to protect thepeople wehad been consulting. Wefeared they might be exposed toretribution if we left withoutmaking it clear that we wouldbemonitoring developments.Continuity is one of the mostimportant~aspects of rural work. Asingle fly-by-night visit canoftenleave a community more vulnerablethan before.The next day we went to Crad-ock, where we spent ourtimesorting out the statements andfinding those most suitable for affi-davits. Late that afternoon wedrove back toHofmeyr so that theaffidavits could be signed andattested.We arrived there that evening tobe told that thekitskonstabels hadopened fire on children and youth,between the ages of 12 and 24, theprevious night. We saw twoof theinjured. Another five had beentaken to hospital in Tarkastad --far enough away to be out of reach.The twoinjured children whoremained behind were 14 years old.We took photographs of theirinjuries, which are publishedhere.The girl had about 110 pelletwounds. We counted them asaccurately as we could. She hadsome open slasheson her face thatwere still oozing blood. She hadbeen shot from behind. I took herhands. They were damp and hot.Shewas clearly ill. It is difficult todescribe the sense of hopelessnessand desolation I felt in thatsituation. Yet the peopleretainedtheir resolve, getting on with thetasks at hand in an intrepid,disciplined way. 1 was moved anddeeplyimpressed by the feeling ofcamaraderie we felt as we workedtogether by the light of the lamp.It seemed clear that theassaultThir 14ycar-ld Hofyueg,r,,irl had,bout 710 pellet a cound., after being firedon by kitrkon.rtabeh.earlier that daywas connected toour visit. While beating one of thechildren, a kitskonstabel had asked:`Where are your protectorsnow?'This raised for us a very realquestion of whether such visits tothese isolated communities areappropriate. Afterthinkingthrough the issue, we were satisfiedthat the beatings and assaultswould have continued uncheckedhad wenot come. And the con-tinuing assaults had established,beyond doubt, a case for an urgentinterd ict.Late that night,feeling drainedand emotionally battered, we left todrive to Aberdeen, where we had totake a statement from the sisterofRev. Boy Jantjies, who was shotdead there by the kitskonstabels inJune.AberdeenWhile we were there,peoplerepeatedly told us that kits-konstabels were frequently drunkon duty - something that we wereabout toexperience ourselves.We were waiting in the van, I inthe driver's seat, when a voice close-by attracted my attention. Iturnedto look out of the window and washit by alcohol fumes. About fivekitskonstabels had surrounded thean. Theywere armed, nervous andaggressive and two of them werevery obviously drunk. Despite thetension, Rob, Wilfried andGrahamasked them for their names. I-hekitskonstabels refused to respond.The situation was eventuallydefused whena man in plainclothes, who produced a SouthAfrican Police identity card, askedthe kitskonstabels to leave. Laterweobtained the names of the drunkkit skonstabels from onlookers.We decided to follow up thisincident and, it being aSunday, wetracked the Station Commander ofthe SAP in Aberdeen to the localchurch. He sent for the drunkkits-konstabelsand we saw them havingtheir guns removed before beingLocked up in a cell. The d' -letsurgeonestablished that they wereindeed drunk.The Station Commander, afterchecking with his superiors inMiddelburg,preferred to deal withthe matter internally instead oflaying a charge. Graham and Wiltwere reluctant to press for achargea5 it would have meant either orboth of them making several tripsto Aberdeen to testify agauistthekitskonstabels.We left Aberdeen and headed forhome. It had be,., a distressingvisit.The following Meek GrahamandRob worked hard to prepare thecourt papers and Grahameventually 11- to Grahamstown topetition the court foran urgentinterdict to restrain thekitskonstabels from assaulting theresidents of Hotmey'r. A temporaryinterdict ~4asgranted on behalf ofthe applicants (not the wholecommunity) A further 14 dayswere granted for both sides topreparefurther evidence.

of 53

34 March 1988the battle fornarreaqualandlala steyn0l(I"U_""'.1_lI1,11 CowC'.f 1?7.1/rang'<g71Z-fe.f-!9C'IeI'nt`7enclmeUl,)1'IZc1tlJc1/1'11 ~111d "CU?1,ylllc, PL911h, 292 PlcLC, of accnt11ri,.r-old tradition ofcowniu11al furniilagJ.e,idents oI an area usually re-membercd only for the beautyof itt f7ower5 have launchedanapplication for an order declaringthat they were wrongfully deprivedof their land. They order theMinister of LocalAdministration,Housing and Agriculture, MrDay id Curry, to restore it to them.Behind this legal action of 29July1987,brought by the residents ofI-cliclontein'colourcd rural area' inNamadualand, lies a system of landdivision that haycaused widespreaddissatisfaction and furtherimpoverishment amongst peoplewho rely on access to land for al.h 0i,cho(d an as a rfu , from)n wb~starvati Ln unempl o~%.This system of land division is thelatest step in the longhistorywhereby indigenous people havebeen dispossessed of their land,beginning in 1654, when Khoi-Khoitribeswere f-orced to movenorthwards as the Dutch expandedfrom the Cape, taking land thatthey desired. Some of thesepeople,amongst them the Namas, settled inthe semi-desert region which istoday known as Namaqualand.Todayresidents, who call them-selves `burgers' (citizens) in the'sreserves recognised in the 1880, arestill fighting to retainthis land,which has been reduced over theyears.In I.eliefontein, Ste inkopf andRichtersveld this could be thelastbattle. For in these areas land thathas been communally farmed forcenturies has been divided into`economicunits' (called `camps' byresidents) and leased out toindividuals. This has had the effectof pushing the majority ofpeoplewho had communal sowing andgrazing rights off most of the land.They are now forced to use thosecamps notleased out and the smallcommonage around the S,tt le-ments.Although this privatisationscheme has beenimplemented onlyin the 1980s its historical roots lie inthe rural development scheme 1or-the `Coloured Reserves'firstlegislated in 1963, and the mootingof changes to the communal tenuresystem before this time. Act 24 of

of 53

March 1988 35I1(,Z madeprmi,ion ~or,cttlcmcnt,chcmes wherehv the rc,crw~~ould be lurited into re,identiala.ndagricultural lone,. with thecllcct tlttlt the mttj(trit~ of P,-antlarmer, "ould be lorced to Bc inte,idcmial area, and hedeniedacct t.. land.Re,ident, travelled to CapeI 1111 tt in ALIgtl,t last _~ettr tot telltltcir ,to-'~c h<I~c larmrdcommunally IctrIhc past ccnturie,_ Vie ha- al" 'I~,larincci ~~ithgoat",hccp,cattlr<tnclheat. We had garden plat, 1, I~tcwe rev vegctahlc,. V1'r had a,utnmcr-giving m "I~~ inter-Lrai-in area. Itt ,untmcr ~~ ntc,~cd totctur summer Field, attdin ~~ inter Ioour winter lielci,.'1-rom the time that thc-tcnt ctleconomic unit, -a, 1otrrcc1 <ttt tt,-thctut OLHr cott,ettt, -h;l~c hccltIorhiddelt tot Ill( t,r to, ~~ hole thcrc i,gtaiing for our att;mal,. we arclorccd tot ,it atui ~~atch a, oli,animal, dieof hungci.`()ttt animal, arc ctttt lilt andv itholtl them ~e arc ,lam into. I hrcamp ,,tent catt,e, ccrirliitt,hccau,c tltc nta-jot IUc,l "huy~ci, .new have m ckc ctltt art cw,lcttcc c>na ,mall patch of ztctttltd ~\I,ilc tltc1- \\ho hiic camp, aicI,ti\ilITT"cd.'(>tlr ,tack i, arhitnltil~ im-pottndcd it they arc iouttd on acamp. I he impounding Ice, tltchigh andimpouItdittz i, 11, cloneaccording to 'I" "platio,". m."',te,ident, c~Ittttctt ;tllord to hu~ their,tack hack imd it i, then ,ctld h\theMttn ttt_ement t3otttci.'Ihcic arc 47 camp, in 1 cliclun-tein, ol ,hich 30 1--l toindi~ idttal, in lyli4. I o tlttttlii~ 1t acn111,-11 117t<l to hay a 250 Iteac1 c,1,tack ctr R3 ()()(1 in ael,. ()1 th" '(Icamp, leaud out. I~ are ,aid to h chired h, people-h otltrr,c,utcc,of income such a, ,Itop cw nci,_N1anaF!cment 13omd m~mh~t,.leaeI'Cl, and pcIt,ictncr,. I ltcicmainingcatttp, c comntott<IZcand arc used by aI'll.1 I Itcrc the 43.cantp, in Stcinko,hl.?7 ctl ~ltlelt the 1tiicd hIindi~i<iual,.I:le~cn ctl these ?7indi\icltlal~ I1FI~e ctthct ,oti,- ofittcctntc. I hr I.ahour I'art~ MI', h1i13alic. ~~ho II~C, itt St, iltkopl.Itirc,cute ctl the hi>;c,l etlml,,_ I hercmainin, I(, <Irc ~~orkcd loitttl.,and ~trc called '- tltoot,kappl;I,r,II,t~rtttcr,hil, last-1.Ihc h-FIIlarmcr, ~~ho \\ctrk this land hakeotnl~ c)h ()(lo 1-tar" \,Itilc 'ltc ~?larmer, ha, c LIhotit -loo 11()(1hcct<trc,tOomJoseph Dammaron of Kuboesstands next to a 'halfmensboom' (half-person tree) in the Helsberge in theNorther'tRichtersveld.His wife (opposite), who par herhome in Dryfsand in the Richtersvcld,helps her husband in theHelsbergeduring the lambing season.'ccotitc~ntic' ttttit, Ill 1111 hpall of Ilichtcrelll -a' lltc !;;.!,trill, 1(), th 'It hr .,ctrl h. I I-rcjec trd t IIc ~~ t~ tttuttd ,I,lit ctll tot lot nt tltc \c,i l ltr~ i.Richter,veld wllc all tcwicnl,Itavr rrlu,ed Ict apply lo,r can,lf3utheir thcv h,vc am,tltcipiohlem. :11t1t<tty~h dct,,il, nrr itutknct~,n, apprct.~imatcl~ f;() (111(1hccttlrc, of t ltc rc,crN c ha,c heclt ,cta,idr for a nalm r rc,crv c. I he areainclude, the llcl.,hcr,~c.~hiclt i, ;Imctuntainotu, H~:,crt Urea w prepiunt,Iin,valuahlc cnmr~ncvzruiiitg. It harder, on the ()i;ttt;~cIti\cr tlttc1 tttmt\ -,id-, 1crl tltMIca the uc,wrnmcn the ttattltcr c,c r~ cha, tttctrc to clott ~~ it It ""atitt~a ,ccutit~ httllcr thi~tt \\itlt thepnttection ctl plant, that their (oat,dmt't c~ cn ~~t are upon.

of 53

36 March 1988ResistanceResidents have tried various waysof opposing the camp system. Theyhave continuallyexpressed theirrejection of it to the localManagement Boards by addressingpetitions to them and voting againstthesystem at annual generalmeetings. They have personallygone to see Mr David Curry, theMinister of the DepartmentofLocal Administration, Housingand Agriculture.111 ... ri~be C"rry visit ed` w r "'~ b "Karakham s here a crowdwwanted to discuss the land issuewith him was waiting. But peoplesay they were chased away `likedogs'. He wasprepared to talk onlyto the Management Board and asmall group of dissatisfied resi-dents.In September 1986, afterrequestsfrom residents a Committee ofInquire was appointed by Curry toin, estigate the land issue inEeliefontein.Many residents gavee, ilence to the Committee wherethcv presented their grievances astlic~ had done before tolocal,regional and central government.When the Committee's reportc~entually became public late thisVicar residentswere shocked by itsfindings and blatant racism.I he report recommends that theland not be returned to the people.Itstates: `The division of land intofarming units is an inalienable right(.L,ildr, n /rv~rrr I~nurttirr-itl1/rcLclic-/rtll~ctlll~cJCl~c,Lt.Iri,t0//cc t tt'~tlcr~rrtt1/~c r)rdtzit taf,uhttb n/trtt~ crJtc-rI.UU p.tu.of all those residents whoareconcerned about the developmentof the area ...' It does not deny thatmany `burgers' reject the system butexplainsthis away by labellingthem backward and traditional.Their inability to accept this systemis because of their ìnherentlyweakcharacter ... including their lazinessand alcoholic tendencies.'The Committee states that thecommunal systemhas led to over-grazing and will lead to continuedpoverty. Although there aredefinite signs of overgrazing,UCTbotanist, Tim Huffman, states thatit has never been properlyresearched or proven scientificallythat this wascaused by thecommunal system of grazing. Hestates that ìt may well be shown infact that the trek system Per .reisnot the cause of veld degradation inthe region, and with reduced stocknumbers veld improvement maywell besuperior under this system.'The Committee report has beenrejected for a number of reasons byLeliefontein residents.One of theseis that the most important objec-tions of the `burgers' have beenomitted. FmorPesa mple, they objectthat`the aare illegal becausethe "burgers" didn't give theirpermission. They were notconsulted in the matter.'After all theofficial channels.had been closed resdents ofLeliefontein launched an applica-tion in July 1987 for an orderdeclaringthat they were wrongfullydeprived of their land and orderingMinister Curry to restore it to them.The case will be heardin March1988.Early in 1987 residents organ-ised themselves into committees tofight for their land. Since thecampsystem was instituted, residentshave refused to accept this systemand some have continued to sowtheir wheaton their sowing plot forwhich they have letters of allocationven though it falls inside a camp.thers have continued toallowtheir stock to graze in land nowleased by an individual. Many ofthem have had their animalsimpounded or havebeen visited bythe police. But they have refused tomove off land which they havealways considered to betheirs.Threatened removalFor residents in the Leliefonteinreserve a further threat hangs overtheir heads. In 1977residents in theseven small settlements which areknown as `buitestasies' were told tomove within the year to thetworecognised towns of Karakhamsand Leliefontein. For the `burgers'this would mean the end of theirlivelihood. In thetowns therewould not possibly be enough spacefor everyone's goats, sheep anddonkeys and their sowing plotswouldbe too far away.Unemployment is high inNamaqualand where 64 per cent ofthe population is dependent ontheincome generated by theremaining 36 percent. For manypeople who work on the diamondor copper mines, roads orwhitefarms their land is a safeguardagainst total impoverishmentduring periods of unemployment.A few goats andsheep are kept tosubsidise their income. A forcedmove of this nature could only leadto one thing - a ruralslum.Residents ignored the 1977notice and have refused to movealthough they have constantly beentold to. Thewater supply in the`buitestasies' is extremely poor andall houses arc built àt own risk'.7-he report of the CommitteeofInquiry makes it clear that the ideato move residents has not beendropped. Residents realise that ifthey lose theirbattle to regainaccess to their land which is deniedby the èconomic units' the next stepwill be a forced removal of allthe`buitestasies'. Against these oddsthey refuse to move because `... ourlivelihood is from the land and notin a town.We don't want to becomesquatters.'

of 53

March 1988 37'Ek hou horn sowant ek will daargeskiet word''I'm keeping my landbecause I want to beshotthere.'OOM ANDRIES and TannieMagrieta Nero live in Tweerivierwith their ten children. Althoughoo m Andries wasborn in Twee-rivier, he worked as a young manin Kamieskroon saving moneyuntil he had enough to come andlive offthe land in Tweerivier in1972. He then took over hisfather's sowing rights at K erk-bosplaat.From this time he livedoffthe land with stock and dry-land wheat farming.In October 1985 Mr AlbertusSmit, a school teacher inKarakhams,hired a camp. OomAndries's sowing plot and thekI . 'I t for his stockraa he had blie inside this camp. So do thesowingplots of eight otherfamilies. Because he saw thisland as his, he continued to useit. When he ploughed andsowedAlberttts Smit laid a charge oftrespass against him. This chargewas withdrawn in court.Smit then twice tookOomAndries's five donkeys, which hekept in a kraal on `his' land, tothe pound in Kharkhams. Bothtimes, Oom Andriesmanaged toget them back, although the"L "'rid time they were im-pounded they stayed in thepound for a month. Whilein thepound they `ate a lot of fodder'for which he had to pay. SmitDoer Andr-ic:r Nern, of 7ioeerinier in the LeliefonteinRoc, r c. itoucbrrr hi, a hc-jreld, ul~ic% lie refrrueo to give rrp even tburr,Llr it aou, joll.~ in okmup' hircc! h,took hisdonkeys a third time,but he was not allowed to get tothe pound. A group fromTweerivier chased after him andtook thedonkeys back.Although Smit apparentlyreported this to the police theydid not react.During the night of 1 June1986 allof Oom Andries's 35stock including two valuablerams were impounded. Theywere taken out of his kraal, partof whichwas driven over by abakkie. Although this kraal wasin the land recently allocated toSmit, Owm Andries claims thathestill has a right to the land andsaw the taking of his stock astheft.He thus laid a charge of theftat the police stationinKarakhams. When they had notreacted after eight days he wentto Springbok police station tocomplain. The policecame toinvestigate the matter in Twee-rivier the next day. His positionwas that the stock were his and inhis kraal andthus Smit had noright to impound them. Smit onthe other hand said that thestock were illegally on his land.OomAndries and some of hisfriends then went to the pound toget the stock. The pound masterrefused to release themandcalled the police in Springbok.Alter the police, the poundmaster and a member of theRaa d had discussed thematter inprivate they told Oom Andriesthat he could not get his stock.On v isiting the police in Spring-bok Oom And.-ies teas told tocell his remaining stock. All hisimpounded stock was then ,oldby the pound master.Although he lout allhis stockhe did not give up. It was time toprepare the land for ,owing~xhcat. Although his donkeyswere ,till in thepound at thistnILi , other residents helped hima, isJ,d they ploughed hiot in Smit~s camp. Part of hiscart teas stolenbut returned bythe police after an attorney MrBurger, who vas acting t' (,!- thLl.eliefontein residents duringthis time,phoned the police tocomplain.Still today theycontinue,owing, but keep the donkeysnearer to home these days tokeepan eye on them to makesure they are not 'stolen anothertime. C~lcllcl StG'j'?2Su,-pliis PeopleP?'o jeCt

of 53

38 March 1988more tributes to the pioneersDEFEND THE CONSTITUTION%'hi, 1956 c~rrtur,n by ~iza~aer na,rkrthe occu.rion when the Bluck S,rh(then the Won-', Defence of theCon.rtitution League) .staged a stand whichencircled the Houses ofParliament.N'ot'czlll>c'1' l c)h'7 i.r.lttc'rc r1'ccl lu .Iclltlic !/7c'~71(711cCI;I U~ ~l7CI1'clll.fl'clcll,l~ri~ll and l:~l.rtcr?l G~l~c'.Ik c c u??l~7/cic ll_7e .rc'17c'i h-'~hljilt~ lrthtllc lu 117o."'~) I (I ll C'C' 1'.1 Il 'l7 r7b ,g c171 Il 'rl rK-il" 117c' political g1'-udrr)trlh of t/7c Hvlicltlot.rHollcl?lcl nlunutcliu.r. 7%eBlack Scl.rh. and tl_7c(clP'l~c'.1'I c'?'?7 R C'~' I U?Z c'.f~)c'C Iclll j'i.r hcclt'iljtlzdc'hlec! Icy I/7c'?!lthe timeof theinsigniafreda margaretbateThere is a cairn in the main streetof Simon's Town erected by ourbranch of the Black Sash as areminder toothers of an infamousact --- the forced removal of`coloured' people from Simon'sTown on 6 September 1967.Exactly20 years later at 9 a.m. on aSunday morning our chairlady andsix other members oft he False Baybranch laid awreath at this cairn,reaffirmed our dedication and

of 53

Mrs- ,')8.S 39stood for a minute in silence.One can think back and reli'e agreat deal in a minute's silence, andmy mindwent back 35 years to ourbeginning, through the variedexperiences I've been part of -many glad and proud, butthegreater part of them humiliating,horrible and degrading, exper-iences inflicted upon a section ofour fellowcountrymen for reasonsit is impossible to understand.It was in defence of these peopleand the dignity of humanbeingsthat the Black Sash, then theWomen's Defence of the Con-stitution League, began its missionwith a march ofprotest. There were'about 2 000 - 3 000 of us in thatmarch to the City Hall led by asmall woman beating a slowmarchon a drum. We had started! herewere branches in many suburbs andtowns; we signed thousands of peti-tions,and our leaders, followed byabout 800 of us, presented them tothe government. What a hot, longwalk that was up theincline to then. Uon Buildings.Drtring this time we had noinsignia - and at the meeting todiscuss. this there was hilarityat thesuggestion we all wore black -dress, shoes, the I, t. Another ideawas for us to wear black gowns -but it was feltthat would cause evenmore confusion if we had to protestoi ~s i. c universities. It wasI ,,facetiously suggested (by meinfact!) that we `use something like anOrder of the Garter - this wasclaimed to be "JUST what we arelooking for!" Itturned out to be myown private little claim to fame! Wespent two of the coldest nights 1have ever experiencedsleepingoutside the Union Buildings- anddid our vigils at hourly intervals.1-he following recollections arejust flashesbrought to mindstanding in front of the Cairn ofRemembrance:The biggest and most impressiveoffensive we launchedwas ourdescent upon parliament! We leftJohannesburg in a cavalcade ofc<rrsand in every town and villagecollectedmore. On the Ignt InBloem we sirst nifontein taged animpressive stand round the foursides of the publicgardens.7-hrcrugh the long brown Karoo tiredrivers, shunters and passengers ofthe steam trains snaking theirwaypast us waged and cheered andwhistled! I hen on to Cape I - n.where we were gi,, n a \cr, warmreception fromcrowds cheerin,"and thro,ing flowers inter our car,.which reached down the full lengthof Addcrley Street. Our idea wastosurround the Houses crf Parliament- and we did it! The pictures crftheevent prove it, and the cartoon ofhe day.shown opposite. repr"cnt,it so well.The long quiet hours of the nightg~- us time to think and pray thatwhat we weredoingwas not in gain.Silence had always -en one of themost important features of (rtrrsynrbolic movements, as -allknow. So there was onl~ theoccasional whispering of somerequest, or soft footsteps ofchanging places. We hadbeenthreatened with an onslaught ofhat-pins from inside the railings,but I was luckily not one of theictims.M~ thoughtsturn to the suture. Iam adamant about OuL thin&,can ne, er gi'L up. ~'~ a ha, e a ' i.iona challenge and a ."is' 'onmoredifficult no, than in those farolfdays before the ad-nt of toreeciremolals, bull-doing, teargtr~in~u.sharnbokking,Casspirs and in-formers in our midst. But iI'll, ite crfthese, "e "tzr, keep the 'ironbright. Alan Paton or- said,"Belie\ crs indemocracy m~t~ besilenced but their ideas treeimperishable.'" 'I lie Black Sashwas born out of the need fordeniocracv- vie dare not all-ourselves to be silenced.westerncapetrailblazersphilippa taylorto do so on the grounds of hayrnejoined the Black Sash in 1955.Using this as a cut-off point hasallowed many remarkable pioneerto escape our net.?slot only thosewho joined later, but others hoeither regard their working years asunnewsworthy or have declinedtofeature here for personal reasons.We regret if we didn't prod hardenough.Our readers would havebenefitted fromhearing more aboutMavis Orpen, quiet inspirationto her co-workers; Norah Hen-shi[wood, (pictured on page 43 at86years) facilitator in success-Advice Offices; Moira Hender-son, juggler of multiple commit-ments besidesDependants'Conference; and Molly Peter-son, moving spirit of the past, ~ horecently returned to Greyton afteryears inEngland.There are others, better or lesserknown and not mentioned here.who have given all they could intheirpersonal circumstances. Wehonour "ll pioneers forestablishing the base on which webuild.Many of the pioneers~-horesponded have recalled the days of`haunting'. To understand the sig-nificance of this form of protest inthecontext oft he 1950s, it must beremembered that women whoopenly and publicly expressed theirpolitical opinionswere sociallyfrowned upon. It took a specialkind of courage and conviction tostand at stations, airports, andalongroadsides in order to maketheir political protest felt.For thos of us who have foundthe experience 0 f taking the

of 53

40 March 1988position of branch chair after oneyear of membership daunting, it's asalutary reminder to hear ofthesituation in which one early pioneerfound herself.Evelyn West has been a power-ful but low-key presence intheformation of the False Bay branchwhere she unexpectedly foundherself taking on a position ofresponsibility.ÌATTENDED my first Black Sashmeeting in Fish Hoek, by invita-tion, in 1955, and was electedbranch chair! Iremember MollyPetersen's startled, controlledreaction. It wasn't advisable, butthe gap had to be filled. I wasanexperienced committee woman, afounder member of the LiberalParty, and 1 learned quickly - aswe all did.Àpartfrom committee meetingsin my home, we held open meetingsin a Fish Hoek hotel. One of ourfirst guest speakers wasThomasNgwanya, who introduced himselfas an ex-Cape '7 own skolly! Hemoved all of us. For most of thepeoplepresent this was the firstcontact with a black man who wasnot an employee. About eight yearsago when 1 organisedvisits to('ro'sroads through a local churchIlollc~ing a Merge meeting), formost pe<~ple this was still their firstsocialcontact with blacks.'I hrce more random memories: ameeting in Noel Robb's home,where an address by ChiefAlbertLuthuli was followed by an in~orm-al discussion -- unforgettable. In1957, following ArchbishopGeoffreyClayton's death, after thewriting of his historic letterregarding the `church clause' in theNative Laws AmendmentBill,Black Sash members were demon-strating in Cape I-own. A manapproached us and said, "Yourleader lies there,where you willshortly join him, and we will betrampled into the mud before wegive the black man an inch."Ànd thenthe lighter side. Apolice car screeched to a halt at thefoot of Government Avenue, wherea lone Sash member stood inpro-test. ',,,,,at of us were in the wingsto show support and to share in thestand. I he Police officer took outhiswalkie-talkie. (I think - evenSashers have lapses of memory.)What I remember clearly is DesireeBerman saunteringover to himsaying, "Are you calling upreinforcements?".'Nan Naggs has been described asa caring and outgoingperson whocan be relied upon to respondpositively to any request madeupon her time or energy. She hascontinuallydeclined to take a highprofile role but has made herpresence felt during her many yearsof membership.`MOST PROMWENT in my memoriesis the outstanding leadership wehave had. I would like to pay tributeto those dedicated, ablewomenwho have enabled us òrdinaries' toNan Naggtkeep at it over the years. My asso-ciation with the Black Sashhasgiven me an added dimension andawareness which I value greatly.Ì joined in Elgin as a foundermember andremember well themonthly journey into iown forRegional meetings at the CecilHotc'I`1 was a member of FalseBayafter that for a short while, thenClaremont and finally Rosebanksince the 1960s. What an awesomehunch the`pink' Rosebank mem-bers were! Three ex-NationalCouncil of Women, the NationalChair amongst them and allthoseacademics -- very good for a littlecountry bumpkin.Ì can remember battling againstgiggles at S'bosch on a`haunt' (aProtest stand to embarrass cabinetministers) when we were wrappedin yards of toilet paper by jeering(butpolite) students.Ànother memory, riding by biketo Athlone bridge where theoriginal Advice Office was. Thesand overthe Common was sothick in summer I'd have to walkand push.`Many years of "book-stall" too-- our diningroom linedwithcartons of fascinating finds. Thosewere the days of first edition.Furious activity as Novemberapproached - bags,aprons andcushions being churned out for themorning market.Ì feel privileged to have beenassociated with such awonderfulgroup of women.'Eulalie Stott was once describedas being `to the left of everyone else'.A founder memberof the LiberalParty, she joined the Black Sash in1955, where she met `the nicestbunch of women I've everknown'.`What is morally wrong cannotbe politically right,' said MollyPetersen, who taught her so muchas did PeggyRoberts, who hadmuch political experience. Twopeople to whom these early 'trailblazers' were able to turn foradviceand help were Donald Molten o,QC, and Prot'. Ben Beinart.One of Eulalie's innovations wasa monthly dinner towhich variouspolitical figures from the black and'loured community were invited.0'The objective was to fostercontact.The Black Sash was earning areputation which was making itunwise to meet in public.She was also active infightingearly forced removals under theGroup Areidis Act. With guidancefrom Donald Molteno, she used tovisit anarea under threat, offersupport and organise resistancewhere it was requested. This tookher to Somerset West,Arniston andSimon's Town.Eulalie recounted how the adviceoffice came into being.'Amy Richtown phoned meoneFriday afternoon to say that therewere I H African women who hadbeen in Langa Court on pass lawoffences. Afurther 28 womenmembers of the ANC had come tosupport them and were alsoarrested. Many of them hadtinybabies with them and needed

of 53

March 1988 41nappies, baby food and milk.suggested that we get bail for them.The bail was ten pounds each.Inthose days, that was a lot of money.So, at the Black Sash meeting onthe Monday morning, I asked thatwe start thebail fund. It was finallyagreed upon, a n the advice officec s dt a n-in Alh 'o no wa s arted to admii ster, e fund. I havenever wo rkedthin the advice office for the reasonthat for the last 30 years I've had myown advice office at my frontdoor,sometimes seeing as many as 100people per week. Mrs Trewartha,who recently turned 90, used to helpas myinterpreter.'In 1961, while she was nationalpresident, Eulahe became a towncouncillor and had little free timetocontinue her active participation inthe organisation. She does stillhowever, host the Claremontbranch annualgeneral meeting, tokeep in touch.She has done much to shape thepolicy and direction of the BlackSash in the Cape,and whiledescribing herself as a traveller andno longer a participant, she stillsucceeds in making herpresencefelt.Dorothy Hacking, veteran ofdemonstrations, campaigns anddogged hard work in both Johan-nesburgand Cape Town, haswritten about what the Black Sashhas meant to her.`FOR MYSELF, 77 years old and 32years aBlack Sash member, 1 knowthat I am deeply grateful fort he in-fluence that the Black Sash has hadon my life. It haskept me aware ofwhat was happening in our country,battered my conscience, furtheredmy education in thingspolitical,social and civic and put unfamiliar,sometimes alarming jobs on myplate which Is imply had to learn as1 wentalong doing them. I havefound companionship and acontinuity of purpose which was allthe more valuable when somuchelse in the country was disintegrat-ing. As a result of Sash nudging 1have branched into other activities,indeed, Ihave yet to meet a Sashmember who worked only withinthe Black Sash!`When 1 look back to 1955 whenthe BlackSash was launched andwhen 1 consider events in SouthAfrica during the Inter- ing years,1 it seems to me a nearmiracle thatthe organisation is alive and welltoday. By all the laws of probabilityit should have been long forgottenorremembered only as a nine days'wonder of the late fifties; a short-lived, gallant attempt to keep the`Coloureds' on thevoters' roll thatended in failure. But the Black Sashsurvived that failure and manyothers -- thanks to the hard core inashrinking membership who defiedsuggestions that it was time to packup.`The Black Sash has managed toput downdeep roots, weather thestorms and grow into theorganisation that we know now. AsJean Sinclair pointed out then,ifour aim was to oppose apartheidwe had better stay together for "weDorothy Hackinghad a long row to hoe". Weneverimagined that we should be hoeingthe same row 30 years later or that anew generation of Black Sashwomenwould be rallying to thetask in ever more menacingpolitical circumstances to see thatthe row was howed to the veryend.'Molly Forsyth, still going strongin Somerset West, responds.`Ml' MEMORIES of the early days ofthe Black Sashare really o1 thevarious `stands' and not the meet-ings, which out here at Somer-set West were mainly organisedbythe kite valuable Mrs Cornish_Bowden she also organised our`atands'. I remember standing onthe islands of ourmain street andtrying to look severe when greetedcheerily by acquaintances passingby in cars. There wasonememorable stand before theHuseso , of Parliament with all thenotables of the day passing the lineof brave anddedicated womenstanding against the railings anddown Adderley Street, when muchto my shock the organisersuddenlysaid "You are tall, you can carry thedisplay boards".`But these times were fun too, andwe all shared a keendetermination.Most of us are old women now andmany have passed on, but the goodwork goes on and toughstandingdays are over. 1 still feel proud tobelong and bless you all and thework you are so faithfully doing.'LilyHerbstein is known to manyof us for her untiring efforts infundraising. She has run the , on-ns ' , c -ning. s.eur ,oi .orner at the mo Imarket for many yearn and Haschair of False Bay branch untilfailing health forced her to resignfromthat position.`t JOINED the Black Sash in its earlydays and started working in theadvice office in 1961.ome the standsand the ad v imoffice were the moat importantaspects of this organi,atiun. Iremember a male friend saying osheeradmiration, -I he Black Sashwill be remembered in the RSA f<"rever!" Needless to say, that i, hums Iand countlessothers feel today ! I,the days when the Sash teas not a~restricted in holding outduoomeetings and stands as it isatpresent, we stood and had meet ing,in public. Naturally, we mere notalways admired. It was a sad day forme when1 had to stop my weeklyday at the office and I almavs shallremember our ZI wonderful intcr_prefers, _cItie lindi andDay idViii. David had a remarkablememory and he and Mrs Malinditoo, were always most helpfulregarding thebackground of manyof the people who came to us Ioradvice.'1-our of us from the False Baybranch worked at theoffice everyTuesday for many year, (I'~ggyGrant, Vera Kirkwood, MavisThorne and myself). My greatregret is that had1 knoll n that I wasgoing to work there for over 20years (with breaks) I mould have

of 53

42 March 1988certainly tried to learn the Xhosalanguage.'Adele Keen remembers theRosebank branch in its earlydays.She joined the Black Sash in 1955.ÒNE DAY, soon after the birth of mythird baby, I had a telephone callfromNancy Day - she told meabout the idea of a `women'sdefence of the constitution league'.This was when theNationalistgovernment was packing the senatein order to force the colouredpeople off the voters' roll. I said tomyself"it's obvious that I will haveto join this",- although I have neverbeen a great one for committees andso forth.Ì went tothe first meeting, andthey made me a treasurer! MrsWillis at Simon 's Town used tocme and vet ou r books regularly.oIMany of my fellow members werehighl~ articulate, interesting andwell informed people. Rosebankwas regarded asan ìntellectual'blanch. At that time it was thoughtthat il we were all voters, we wouldcarry more clout, so themember-ship was restricted to those eligibleto vote. .hat meant in effect that itwas all white. This idea was debatedIImany years in the Black Sash,and eventually the doors wereopene to all. But by that time veryfbl~ew acl or colouredwomen wereinterested, and they formed theirown protest groups. The vagaries ofour history meant a missedoppor-tunity of being non-racial.'In 1959 we had to go to live inDurban and I joined the Black Sashthere. We got backin 1974 and Iwent to Rosebank branch again.Nan Knaggs (who had moved fromE:Igin) was now chair. Ibecamesecretary. 1 always hated having to"pose myself to publicity, but Inever missed a stand. In the earlydays wedid not all have posters,and 1 always campaigned to havethese. so that people mould knowwhat we were standingfor. Ithought this was much moresensible than just `haunting' theministers with out- black sashes.`Later Ros ebankmembershipdwindled and we were almost takenover by Rondebosch. However, agreat influx took place last yearandnow there is competition for who isgoing to stand!`Many interested groups havebeen formed and adviceofficesestablished in country districts. TheBlack Sash has changed, but inways that are good.'Ruth Cosser is currentlyanactive member of the False Baybranch. She shares some of herrecollections.ÌT SEEMS a lifetime since Iwasphoned by a friend one morning inPinelands to come to a meeting andjoin in a women's protest againstthe rape ofthe constitution. Weheard of Ruth Foley's and JeanSinclair's plans in Johannesburg,and from that morning meeting,thePinelands branch of the Black Sashwas formed. Membership grewrapidly, especially with thepublicity given to themarches andstands throughout South Africa.The stands in Johannesburg,Durban and Stellenbosch weresabotagedby disruptive peopleletting off crackers to distract the`standers'. Our most successfulmarch was up AdderleyStreetcarrying the Black Sash-draped`Constitution Book'.`We stood in large numbers inthose days, mainly outsidetheHouses of Parliament and at theairport and railway station. Wegave members of the Nationalistgovernment a verycool welcome toCape Town, leaving them in nodoubt as to what the women of theBlack Sash thought of theirattemptsto get the coloured peopleoff the common roll.`We had an all-night standoutside the House, against therailings, whilethe debate wasnearing its climax, and taking partin this stand was a large convoy ofmembers from all over thecountry.Despite the dedication andseriousness of the event there weresome amusing incidents. A numberof youthsdraped in toilet paperparaded up and down the road infront of us. We were terrified ofbeing poked in the behind withhat-pins (do our younger membersknow what hatpins are?). Althoughwe heard giggling and movement inthe gardensbehind the railings,those in our vicinity came outunscathed.Òur membership consistedmainly of ordinaryhousewives,indignant and heartsore at whatwas happening to our country. Inmy opinion, our bravest andmostenterprising venture was to invadethe senate in pairs, ask for inter-views with the newly-appointedsenators whohad been put there toget the act passed, and ask them tovote against it. We did manage tosee a few senators and,speaking formyself and my co-worker, we werereceived courteously and hadinteresting discussions but, ofCrse, tgotnowher01 le South Africa temporarilyin 1961, but now I'm back and mostI mp,essed with t he growth of the'BlackSash and the quality of themembers, many, of whom are youngprofessional women, who are doingan excellent jobdespite theircommitments in their homes.'Madelaine Parfitt's recollec-tions of the Black Sash in the earlydays atSomerset West are ones oftotal dedication and enthusiasm.`THOSE WERE exciting days as wetook part in numerousstands and`haunts' and went out to severalcountry towns, trying to get theminterested in the movementandencouraging them to start a branchof their own. One town in particularstands out in my memory and thatwasBredasdorp, where after hold-ing a meeting, standing for half anhour, getting no response what-soever except a fewhostile looks,we went to a hotel for lunch. There,to our amazement and delight, wewere shown to a tabledecoratedwith beautiful floral arrangements

of 53

March 1988 43and a large placard in the centrewith the words "Welcome BlackSash" - very hearteningandencouraging!Ànother vivid recollection is ofthe huge convoy of members fromall four provinces heading forCapeTown to protest against the SenateAct and spending the weekend atStellenbosch to have a rest aftertheir longarduous journeys. Ourbranch was asked to provideaccommodation for, I think, 50pe . T prolc~ithisa, tved a problemtoop hebegin h, , Black lash wasnot well-known in those days andpeople, husbands in particular,were loathe to giveup a weekend toentertain strange, `crazy' women.However, they very soon openedte hearts and mes andh ir 0theirhospitality was absolutely wonder-ful. A very happy and interestingtwo days was spent hearing abouttheir trekdown and also meeting upwith old friends from all over thecountry.`1 will never forget the thrill ofleading our branch inconvoy withall the others through cheeringcrowds lining the streets of CapeTown on that memorable Mondaymorningin February 1956.`Yes, those were good old daysand 1 am delighted to know that theSomerset West branch hasbeenrevived and I wish it every success.'Cecile Newberry proudly givesher age as 87, the same as the QueenMother,celebrating her birthday inthe same month.`WHEN MACMILLAN was in SouthAC nfriL~a;.oa,r d pa ' ssedthroughoFishHoek imon s Town, I sto d onthe Main Road near the station --wearing my sash of course!`We were asmall community andmost of the ladies 1 knew are nolonger alive. 1 still belong to theBlack Sash, but due to ageanddeafness, 1 no longer attend meet-ings. But 1 do enjoy the magazines.''People convinced against theirwill, live tothink the .came way.mill.'This quotation, used by NoelRobb, in some ways characterisesher attitude of persuasionasopposed to confrontation. She isdescribed as indomitable -she getsup and acts and never gives up.When travellingthrough Khaye-litsha in recent troubled times, Noelwas heard to say yet again, "I'msure we'll be fine if we go just alittlefurther". She is always willing to gojust a little further.A very special quality attributedto Noel is her ability to adapttochange. Her many years ofexperience in the Black Sash havenot made her inflexible orintolerant of the opinionsofyounger, less experiencedmembers.ÀS A WHITE woman I had alwaysthought that pass laws were sort oftidy untilone day 1 heard a blackwoman speaking at a meeting. Shehad brought her baby with her andexplained that blackwomen alwaysNorah Henshilwoodtook their babies with them in casethey were arrested and thus unableto feed thechild if it was left athome. I realised there wa., anotherside to the pays IaI always said "no one is going tomake mestand in the road like asandwich man" so the first time Istood was memorable. I rememberstanding outside theHouses ofParliament and being greeted byLuthuli. A woman, clearly right-wing, asked, "Who is that kaffir'>"When toldit is Chief Lutliuli sheturned to us and said, "You'restanding in the rain for black,they'll never do that for you!" Isaid,"You're Lluitc right - they won't"Noel's hearty laughter at thispoint underscored her deep under-standing o1human motivation. Shecan also be seriously rellective.Ì've always found stands some-how cathartic - not haunts,theywere rather catty - but standingquietly and having time to think,that was very satisfying.'Noel recalls an amusingstandthat took place at the opening ofD F Malan Airport. Many mem-bers had been invited, as the wivesof theirhusbands, to attend theceremony.`We arrived, with sashes tuckedinto our handbags and took ourseats on theconcourse. As the planecarrying Minister Schoeman, whowas opening the airport, toucheddown, we put our sasheson.`This took more courage thananything I'd ever done before, ashere we were, standing in front ofour social friendswho must havethought we were sandwich men.Òne of the wonderful things tome about the Black Sash is thatal-though there have been terrific per-sonality clashes people up to nowhave always swallowed their differ-ences forthe good of the BlackSash. People are not trying to gethigher positions, money or powerin the Black Sash. They areall in acertain amount of danger and haveno ulterior motives. This makes itso much better to work in than apoliticalparty which has to winvotes '.Noel has two daughters who aremm rse be ~ of the Black Sash. Herentire CapeTown-based familyobserve a tradition of spendingSunday lunch teach week with themat the Robb home inKenilworth.Barbara Versveld has made anenormous contribution to BlackSash, Cape Western. She ran theadviceoffice for many years and hermoving and evocative advice officeoffice reports are remembered withdeep appreciationand respect.'1 H1 WOMLN'S DI.I-ENCE of theConstitution league is going to becalled the Black Sash now and itiscoming to Cape Town very soon.Want to join'.'" said Nancy Sharplesto my startled self one midday in1955 as wewaited f),ion-ryoL,n, utoemerge from their kidegarten. Iwas a bit stand-otfish. Thought Ihad some ml~SlontowardAfrikanerdom. imagining that Ihad contacts t could develop to help

of 53

44 March 1988that `population group' retain orrecover certain vestiges of sanity.They didn't need me, my contactsandmany others stayed pretty sanewithout any help from me. Butalong came Group Areas legislationand my fantasiesdissolxed as 1 sawneighbours threatened and thetrwf ul looming spectre ofhomogenised whites. Back toNancy. Ibecame part of the Rose-bank branch and I'm still there.Looking back. I can see myselfgoing round wth my firstpetitionin my slightly trembling hand,discovering how few people in myown street agreed with me.'I'm proud to belongto myorganisation: it can move withoutgetting carried away and no onecould call LIS static although wearestickers.'I-here have been some rottentomatoes, insults and advice toreturn to our kitchens, and thingswere nevertame. Today's issues areincomparably heavier but they arethe logical outcome of what we-rc protesting then, and wearestill seen as a Big Threat needing theBig Stick. A force to be reckonedwith, riot just spanked'?Àmong ourselves,are we lessto rmidahle at Icadership level'! Nothrain-power-wise, but yes, I thinkwe Ire more accessible now.Wearemore practised, I notice, in humanskills beyond the academic. WeI" c Ica rnt more about how peopletick. Andwe are still a funny hunch<II people (a bigger bunch, nogal),Ind we still enjoy laughing atoIIrsclvcs.'Many of usremember MarySChurr for her steadfast efforts inkeeping the more remote BlackSash branches going whentheirgeographical isolation put extrastrain on their small memberships.Ì AI:SO ICI MF.MBFIt attending a fewsessionsin parliament, one of which<I~ about people beingarrested fornot ~:Irrying passes. We wore blackroses (4n theseoccasions and I stillhave min,. I also remember goingI the .o it rt to stand before theprime minister at hisdeparturefrom the airport. After standing forsome time we were told the primeminister had boarded the planespeciallyearly to avoid LIS! Strangealfcct our stands had then!`1 lived in Bellville when I firstjoined the Black Sash but astherews no branch in Bellville, I joinedthe .urbanville branch. Afterseveral years this closed down. Ijoined the Milnertonbranchfollowed by the Pmelands andS)mer,- West branches after than.This involved quite a bit oftravelling to generalmeetings!'Peggy Grant occupies a veryspecial place in the hearts of manyCape Western Black Sashmembers. Shebegan her associa-tion with the Black Sash byworking in the advice office. Aftermany years of voluntaryassistance,Peggy was requested to collect andpaste up all Cape Timer cuttingsPeggy Grantrclekant to our work.Each Thurs-day. Peggy travels from her home inSI James to Mowbray to continuethis work. On 6 December shecele-brated her 90th birthday. We salutePeggy and we are proud that shehas heen described as one of us.Sherecalls:'MY IMPRESSION is that we weremore domesticated in the office.Ì remember many mothers andbabieswith much feeding andnappy changes.`My most vivid memory is theway those babies looked up intotheir mothers'faces as if Heavenshone out of them. Many times ithas lighted my spirit in our work.''flowerpower'joan parehad takenno interest in politicsat all and had never even voteduntil the Black Sash started. When,lean SinclaiI., Betty BarkerandDora Hill came down to CapeTown to talk and organise, I wentto hear t he at a h Ouse meeting,ere t w~h I a s~decided to hold apublic meeting in the city hall, CapeTown to launch the Black Sash. Myreturn home afterwardsmarked theend of my innocence.In the midst of my husband'sbirthday dinner Noel Roll rangand asked if I would chairthemeeting the next day. I had nevertaken a mceting in my life - norhad I spoken in public and 1 told hershe was outof her mind - thenmy conscience pricked me and Ithought how courageous the otherwomen had been. Noel didofferto take what was left of me tohospital!It sounds ridiculous now to sayth<II I was terrified - but I was. It,,as a coldday but it wasn't that,hat caused my knees to shake.I took the meeting in the morningand that afternoon mytelephonewas tapped - which perhapsshowed the significance of the meet-ing. In those days tapping was notitssophisticated as it is now - wecould hear them cutting in andwould say `Hall(- what wouldyou like to hear ncw'?'1 hepress were wonderful,paIticuI~Irly the large fatphotographer from '1 he LondonI Inlet mho was a great ally.Fig c dayslater when we hadIormed our first committee anArgus reporter phoned to say thatMillistcr Eric I.l)IIw was leavingbytrain that exerting. He asked if wewere going to "sash" him. I said"sure" and then had to phoneEulalie Stott to buymaterial for oursashes (eye were cry unprepared).We forgot that m~ phone wastapped and th<II theinformation~~ould ",been relayed to Eric'"IW w. hen we got to the stationwcrc told that he h~Id boarded

of 53

March 194845the train very early to escape us.However, we decided to standoutside his compartment andheunknowingly gave us a wonderfulstart by coming outside, waving agin at me and shouting "look at theladies all inmourning- how abouta gin!"Once the Black Sash becameactive, cabinet ministers refused togive any informationregardingofficial movements to the press.They travelled under assumednames and used the back entrancestoairports and other public places.It clearly affected them.n rder to monitor their officialmovements we established acodewhich operated from a florist shopin Johannesburg called `FlowerDesign' and my shop `Forget-me-nOts' inConstantia. We kept itgoing for a year.Each cabinet minister was giventhe name of a flower and ourtelegramsbetween shops wouldread something like this: "Havedespatched carnations by I I HITtrain -- Kindly return empties"--which meant that Eric Louw wasleaving on the 11 atra in andwould those at the other end pleaselet us know whenhe was returning.I once had a new assistant andhad forgotten to warn her of this.She remarked "What a crazy florist-they've just sent a box of staticeby air- it could easily have comeby train". 1 said "That's not statice- it's Paul Sauer"and rushed outto the airport.It did however lead to so, ecluon slon s,)mct*mes. As when T ehad a telegram saying"Orchidarriving 2 p.m. by air" and as wewere expecting a consignment oforchids Ourselves we were not surewhetherit was real orchirds or MrSt rydom!When 60 new senators were dueto arrive to discuss the common rollbill inparliament they were all verycareful not to give away theirmovements. In desperation 1phoned the flower shopknowing Iwas being tapped and said "We arehaving a very big funeral onMonday and are finding it verydifficult to getflowers - can youhelp me'."Answer "We are in the samepOSition here but suggest you trythe w holesalcrs in BeaufortWestthey may ha- supplies" and theydid too!The large book symbolising theconstitution which we used in theprotestmarch up Adderley Streetwas made by my husband and hadto be kept in my lounge it was solarge. There are somany othermemories which, along with thefeeling O1 comradeship amongst usall, made light of uphill work ind0 Ut.ona dcfcncc ( t the constit nagai nst p ),it cal manipulation:1 remember making 2 000 blackcr, nkly paper roses to wear.1remember Betty Waterson's dress- made specially with a black lineacross it to wear in the House whenwe had beentold to remove oursashes.1 remember Barbara ~illisplacing her hands in black gloves tolook like a sash.I rememberbeing told twearo"I sashes whenever we Lo,(, ld andgoing on to the SS Corona to do theflowers with my fire stallwearingblack sashes and the passengersto ()".s () L.()n" Lo in casewe were heralding a minir c, Oluticrn.t remembervisiting the shops Iused to patronise and wearing mysash. if t didn't get a good receptionI didn't go back.1 rememberthe feeling ofgratitude at being given the oppor-tunity to fight for what I believed tobe right -- for as the lateMorrisBroughton, the editor of the flrgu.rand a great supporter, said "For evilto flourish it is sufficient for goodmen todo nothing".AeLt d,,f %,,~dm~lSHE'S THE LADY who puts onthat black sash and holds aplacard to protest- theonewho works in the advice officesometimes.At night - when she's notgoing to meetings - she tellsyou bed-timestories, allabout people's problems withevictions and municipalpolice.Don't you remember? She'sthe one with thestack of oldnewspapers, trying to sort outher clippings.You sometimes see her inbetween field trips. Or whenshe's notat workshops. Orcounting detentions.Sometimes she bakes - forcake sales. And she goes onorientation trips toruralareas. She has to talk toforeign visitors and take themto the soup kitchen.When she washes up thedishes - whichisn't often --she sings Siyavuka! And sheteaches you the toyi-toyi. Andshe goes to lectures.You've only forgottenhernow because she's away at aconference. But she'll soon beback - and you'll be able tohave an interview withher.0Bobby Melun.rky

of 53

46 March 1988From small beginnings, not solong ago, Cape WesternRegion's initiatives in the sphere ofrural workhave pointed the way toincreasing involvement in this areaof pressing need. The advice office,for example, recentlyco-operatedwith related organisations to holdan extensive workshop, where itsskills and experience were sharedwithadvice office workers fromrral i Oppul townshIns (see osite page).The Rura terest Group (RIG)has taken a new name-Plaaswerkers Inligtingsgroep (PIG)- to signify it's focus on theworking and living conditions oflabourers on the farms.Adviceoffice files, updated bya researcher,provided the basis for a bookletabout Paarl. Opportunities forfurtherbooklets about towns orregions will arise as fieldwork isextended and details of other`hidden stories' are filled in.Thepublications listed on thispage are available from The BlackSash, 5 Long Street, Mowbray7700.New appointmentIn.January Annemarie Hen-driki, took up an appointmentas Black Sash fieldworkerwith the responsibility offocussing onrural issues andcarrying forward Philip vanRyneveld's work. Annemariehas for some time been amember of the BlackSash.Funding is now beingsought for a rural fieldworkerin the Southern Cape. Thisi3 lack Sash branchpresentlyoperates as part of the CapeWestern Region.ruralround-updownsouthcandy malherbePlaaslike Kaapin dieWesTHEHIDDEN Sr~RYPluu.rpruatjie.r. The usefulness ofthis little booklet, which combinespractical advice (e.g.`Noodhulp opdie Plaas') with legal information(e.g. `Die Dop is Onwettig') andshort items of labour news, hasbeenproved by the demand: thecurrent edition is Number 3 (8 pp.prepared by PIG).Moontlike Hulpbroune inPlua.clikeGebiede in the We,Kaap. Other regions (if they havenot already done so!) may wish tocompile and disseminate thekind ofinformation contained in this book-let, which includes sources of helprelated to health,unemployment,alcoholism, education, disable-ment, legal problems and muchmore. (20pp, by PIG).Paarl - the HiddenStory. Thisbook was brought out to coincidewith the Paarl 300 Festival - thetercentenary, that is, of white settle-mentin the Berg River Valley.1988 is notable in that this yearwill see celebrations of: the Diasvoyage (500 years); thearrival ofthe Huguenots (300 years); theGreat Trek (150 years) and theNatonal Party victory (40 years).(64 pp,prepared by the PaarlProject).Furmworkerr and the Law. Thispublication - Books I and 11, witha third planned for alater stage - isa paralegal handbook. It addressesthe legal needs of people on farmsand in rural communities. In1984aNational Manpower Commissioncompleted its report on the workingconditions of farm and domesticworkers.After waiting in vain forthese findings to be published andfor a start to be made with thenecessary revision of therelevantacts, it was decided to proceed onthe basis of existing law. The hand-book explains the legal system andgeson to provide examples of theworkings of the law by means oftypical cases arising from housing,citizenship, accident,employment,pension and other problems facedby these categories of workers.(Prepared by Annemarie Hendrikzaneditorial committee andnumerous other contributors, withbacking from the Black Sash andthe Rural Legal ServicesTrust.)

of 53

March 1988' 47n June last year, the CapeWestern Region of the BlackSash convened a meeting for inter-estedpeople to discuss the develop-ment of a comprehensive AdviceOffice Training Programme forrural communities. Thismeetingwas called in response to numerousappeals for training from ruralcommunities throughout the Cape.Asteering committee was formed,planning began and outsidefunding was secured. Participantorganisations on thecommitteewere the Black Sash, the AdviceOftice Forum, Transport andGeneral Workers Union AidService, LegalResources Centre,Legal Education Action Project(U CT) and Organisation of Appro-priate Social Services in %A.Thegroup met regularly once a week todevelop a three-week programmeoffering training in basic adviceoffice skills.Keeping in mind thefact that 'offices' are highlyvulnerable in the rural areas, it wasdecided to call the project 'TheAvice 0d W )rker Training Pro-gramme'. Thirty-three peopleoattended from 16 twns in the CapeProvince. Facilitatorsfrom each ofthe planning organisations ledcourses starting with interviewingand basic record- keeping skillsandcontinuing through paralegal workto media and organisational skills.The Black Sash co-ordinated theprogrammeas a whole as well asoffering three courses. The first andintroductory course on trainee'sexpectations was led by DiBishop.In the second week, Sue Joyntdid aworkshop on identity documentsand social grants. During the thirdweek, DiBishop introduced thequestion of funding, fundraisingand finance in general. In theevenings more informalsessionswere held and speakers from organ-isations such as COSATU, UDFand the DemocraticLawyersOrganisation were invited. Thetrainees attended a play, a publicmeeting, a rock concert and a jazzclub forentertainment. Relaxationexercises and games were alsoprovided, and needed,l he course was xery -11re cei,ed.Participants ~ercenthusiastic, capable and ~er~receptive. Perhaps the mostrewarding aspect was the relation-shipsthat have den eloped as a - ultbreaking groundin training ruraladvice workerssue van der merweWorkshopping wasnever like this hefore. A marathonthree-week advice worker training programme was heldin Cape Town at the end ofSeptember last year. It was a`happening' co-ordinated by Sue van der Merwe.Trainee relaxing after a heavy inputrerrion.of this intensive working together.Black Sash participants ha, ede\eloped firm and meaningfulbonds ~~ith otherparticipatingorganisations XNhichin turn haveled to further joint project>.~I r<tiuees -re taken to the offices o1otherorganisations to meet stctltand to \id,,, their n-arks its a-a, of building up their o11nreSllll1'ee1.All of the trainees havemain-rained con.lct either ~~ ith us or,\ id,other people they met through theprogramme. Since their returntheircommunities, t\ e have bcenalerted to alarming incidents ofassault and other police actionagainst the traineesthemselves andactiNi,ts in the rural areas ingeneral. Appropriate responses aretaking place.As a result of the-aulation ofthe programme the steering co m-mitteL decided to continueoperating in its present form for theimmediatcItlturc and to run asecond course early in 1988. Inaddition. a 'Ip course' ford"first group is being discussed. ~Ilienecessity for such training 1\1tsclearly underlined and the stleccssofthis progrttmrne \\cts encouragingfor futureel1orts.

of 53

48 March 1988Judy Chalmersprovider thebackground byintroducingMrs Mbunye.HildaTbsaka'stestimony toherfriendshipwith the latePaulineMbunye (pic-tured on theright) appearshere in theform in whichwe received it.Its uniqzaeview-point revealsthe commit-ment andstrategies onwhich organi-sational gainsare built.Mrs Pauline NomboyisoMbunye first visited the Port Elizabeth Advice OfficeinSeptember 1985 - brought in by Mr Molifi, who often bringsclients in tous, and whoattempted to look after her well-being.Mrs M bunyc's problem was a financial one. She was 72years old and had nomeans ofsupport. Because of her beliefs she lord refused to get a pass book, havingburnt hers inthe'fifties, and she still refused to give in. Up to now she had survived byselling vegetablesbut her health was failingand she could no longer do this. She felt theend was near (of thegovernment, not herself) and did not want to give upher principles now.She had never been able to get domestic work as each time she had toproduce her passbook andthis she could not do. Once she was arrested for not having apass. Her familywent to pay the fine but she said no,she wanted to serve the sentence andshe did for threeweeks.Eventually we managed to get her a small monthlypension from a sympatheticwomanoverseas and this enabled her to survive. She also refused to get the newIdentityBook,saying, `I don't want a book from Botha. I am waiting_for our people torule'.Mrs Mbunye was to be seen at mostof the political trials, dressed in whiteor green,black and gold, always barefoot.The Black Sash attended her funeral,and she would have approved, I think.Her coffinrested next to those of two young activists, all draped in the green,blackand gold flag.The songs she loved were sung and perhaps it was not inappropriate for thechurch tobesurrounded by security forces, who hovered about as her coffin was loweredinto itsgrave.Like her good friend MrsTshaka, we, the Black Sash, miss her a lot.'she was so keenand brave and brightshe is, as her spirit, still alive. Herwords arestill ringing in my ears. Words of comfortand encouragement.She was an optimist full ofmagnificent,eloquent sense.For her it was a stimulus indeed to be withpeople, presenting views and ideas.She was sostrong and fearless, fond ofsharing responsibility and responding indiscussion and dialogue.Comrade Mbunye joinedthe AfricanNational Congress in 1952 - 26th of June.Being a member, she always told people that4veryone is bornfree and to be free, let

of 53

March 198849She .raid it2ca.r herchance towalk hardand fear-less on thesui face oftheearth . . .'everyone demandhis rights even though theyare denied.Whenever she visited a friend, she wouldwalk in and kneel and shake handsand saythese words:'Qamata ke tayi sibone rr.rivelele kobo-bugxwayiha usibcke e.rifubeni .rakho rrkuzeSlysboneinkukhulukka emband ezeliveni.'(God bring us through the repression and takeus to your breast so that we can seetheliberation coming out of oppression.)1953 she took part in encouraging thecommunity to defy laws ofdiscrimination.These laws prevented a black person frombeing a shop assistant. The shops were ownedby whites andat the same time mostcustomers were black.Being an organiser of the community, sheordered all adults to go to townwith theirchildren and enter all illegal places for blacks.For she was so keen and brave and bright,she knew very wellwhat she was doing. It washer responsibility to check door to door to seewho was arrested. If parents in ahouseholdwere arrested she looked after that family byproviding food and other things like medicalaid where it wasneeded.The above-mentioned shop boycott was thefirst attempt.The second. attempt was a boycott ofpotatoes at thetime the Pass was being forcedon men. The potato boycott was caused by thegovernment forcing every man carryingaPass to work at their jobs and those who werejobless were to be taken to Barberton to workon potato fields. Therewas no job securitythere because they were cheap labourers.Most of them never came back and those whodid told usabout unfair treatment and askedus to launch a boycott over potatoes whichwas done - well-organised andthorough.Oranges were also boycotted because oflow payments to those who were working onthe orchards and werealso being ill treated.Later there was a School Boycott arisingfrom Dr Verwoerd's Bill on Bantu Education.Womenprotested and asked all parents totake their children out from schools andinstead to open up their own schools intheCultural Clubs. When all schools remainedempty policemen went to the Cultural Clubsand harassed children.Women then realisedthat the best thing to do was to break downwalls in their houses to make more space, andtocontinue teaching their children there.Comrade Mbunye was active in this.Between 1957 and 1959 workers launchedastayaway but a minority went to work sayingthey were here to come to work for theirfamilies. Most of them were thepeople fromhomelands. Mrs Mbunye reacted to theproblem and plans were made. An effectiveone was hersuggestion that all women mustcome together to sleep together. Women wereto wear mens overalls and must alsocarrysticks to attack those stubborn men.Women slept where the General Tyresfactory is today. At dawn men wereseencoming. Women lay down flat and waited.When the men were about ten metres awayfrom them women stood upand charged tothem. The men were so shocked anddisbelieving. Others ran away. Those whowere standing amazedwere beaten up. Thewomen made sure they would not berecognised as women. They changed theirvoices to baritonetones.As the leader, Mrs Mbunye said 'TshisaTshisa' meaning beat - beat. Because menwere so afraid of her noteven one even stoodfacing her. She was so powerful.She respected her leaders like MrsMatomela, Mrs Baard andthe Black Sash.She had friends like Mrs Pirie and the lateMrs Peggy Levy. Mrs Pirie was given a XhosanameNokhaya.At the time Sheena Duncan was leadingwomen to Cape Town people were wavinghandkerchiefs. MrsMbunye said people mustpray instead. In her prayers she never forgotto mention other leaders like Lilian Ngoyi,HelenJoseph, Ameena Cachalia, LillyDiedericks and Sophie Williams.Even now she feels like my best friend. Herspirit isstill burning inside my heart and herwords are still ringing in my ears.The fact that she wore no shoes wasnotaccidental but a spiritual commitment to thepeoples struggle.The day Mr Nelson Rholihlahlo Mandelaand hiscomrades were sentenced was the lastday she wore shoes on her feet. She said it washer chance to walk hard andfearless on thesurface of the earth as shoes would make anoise.Before my friend's last day she came to myhouseevery day for two weeks to have con-versations with me about the struggle and herlast day to come. She asked me totake her to adressmaker who could make an ANC pattern-ed outfit.She asked for a green blouse and gown andagreen, black and gold dock. She said she wasgoing with the Black Sash to a place overseaswhere Mr Savage wasgoing to build a verybeautiful spacious house for her.She said long ago she will never die bybullet as she would neverbe arrested. Also,she would never carry a pass. When 1understood her condition I began to realisewhat she wassaying about her uniform andthe beautiful house.On her burial day, it was a matter ofimportance that her coffin shouldbe coveredin ANC colours as she wished. In her lastwords to me she asked if I knew SheenaDuncan, I said, `No, but1 know her work'then she said `Thanks'.1, Mrs Tshaka, I miss her a lot. 0

of 53

50 March 1988WORKING AT THE OUTPOSTSa personal viewfrom the midlandspat merrettPress reports on theUDF/hakatha violence conceal ddramatic and complex reality which Puts sPecialdemandson the membership of theNatal Midlands Region.There are mrtain characteristicsNhich make Pictermaritzburg(which is m ellect the NatalMid-lands Region) somewhat of anaberration compared to otherregions. Does any other region havea magistrate whopermits the BlackSash to hold regular stands duringthe State of Emergency, oncontroversial issues such asrecentSADF action in Angola, presscensorship and Namibia? The levelof state repression here is muchmilder than inGrahamstown or thelarger centres: detentions are fewer,mrture less common, and the onlyaction taken against theBlack Sashstands is the recording of namesand addresses. The divisions on theleft which seem extremelyconten-tious in larger centres, oa~c evidenthere but cause irritation rather thanostracisation. In the Black Sash,forinvtance, we have barely begun toaddress such crucial issues as thesocialist-capitalist or workerist-populistdebates, and we haveparticipated in the organising ofpublic meetings with quitedisparate political groupings in thelasttwo years.Some of the political features ofthis region can be attributed to twoallied political forces: Inkatha andtheIndaba. Inkatha is the politicalparty that rules Kwazulu andclaims majority black support inthe region. It has operatedfreelydi turing the State of Emergency,unlike extra- parliamentarypolitical groups like the UDF andtrade unionistswithin COSATUwho have suffered severe staterepression and detentions.Inkatha was one of the majorpartiesinvolved in the Indaba,which began as a series of talksbetween various Natal-basedorganisations and politicalpartiesand culminated in a set of consti-tutional proposals for the regionthat its proponents believe could,ifimplemented, bring peace andstability to Natal.Organisations like the UDF andCOSATU declined to participate inthelndaba because they consideredit to be an exercise designed tomaintain and protect the vestedpolitical and economicinterest ofits major participants - Inkathaand powerful business andindustrial groups.That parties of the Right,includingthe National Party, alsodeclined to participate, leaving theIndaba with a limited `centre'support base. Throughout 1987theIndaba has been trying to broadenthat base by promoting its pro-posals through a concentratedadvertisingcampaign.At the same time, the Pieter-maritzburg area has been engulfedin the most horrific civil war thatclaimed thelives of about 154people between September andDecember - 50 of them in Octoberalone. The killings havecontinuedunabated this year - indeed theyhave intensified during the secondhalf of January.The complexities of theviolencecannot yet be unravelled because ofState of Emergency censorship andstate repression of politicalmove-ments that promote a national,non-racial democracy in SouthAfrica. However, the origins of theviolence havebeen traced back tothe early 1980s and analysed bylocal historians. It began at a timewhen Inkatha was attemptingtoincrease its membership -- andexperiencing a threat to itshegemony due, in part, to growing"support for the UDFandCOSATU.This set the context for the rise ofInkatha-supporting warlords -who have spearheaded a viciousvigilantecampaign against UDFand COSATU activists. The latterretaliated and the entire region hasbeen caught up in thisviolence.One of the most marked anddisturbing features of the situationhas been repeated statements, bypeopleinvolved in attempts toresolve the conflict, that anotherdestabilising force (whose actionscannot be publicised orcriticisedunder a grant of immunity by theState of Emergency) has beenactively involved in supporting andprotectingone side to the conflict.A complicating factor seems tohave been the movement ofhardened criminals and thugsintothe space created by thepolitical violence, some of whomare uneducated, unemployedyouths who may not beaffiliated toany political faction, but who arebiterly alienated from their socialand economic environment and aretakingout their frustrations ontheir own communities. (In anunemployment survey conductedby the DevelopmentStudiesResearch Group, University ofNatal PMB, in 1986, it was

of 53

discovered that amongst an Africanpopulation of over 250 000 in thegreater Pietermaritzburg district,33,4% wereunemployed, of which81,5% were under the age of 35years.)In October the SADF and SAPwere deployed in thetownships andhundreds of summary randomarrests and detentions have beenmade. After long negotiations,peacetalks between UDF-COSATU and Inkatha/UWUSA(the trade union arm of Inkatha)were initiated under the auspicesofthe Chambers of Commerce andIndustry. The latter have clearlyperceived the grave threat to thelong-termeconomic and financialstability of the entire region as aresult of the township anarchy. Thedetention of over 30 UDFandCOSATU activists and leadersbetween 13 and 19 November com-pletely disrupted the peace talks.Two of theUDF secretaries werefinally released after what appearsto have been intense pressureexerted by the businesscommunityand the talks were resumed.Permission was even granted to theUDF to hold a public rally. Un-fortunatelythe killings continued.Given all these factors, who cansay what the real dynamics of thesituation are or claim withanyauthority who all the participantsare and what motivates them? Howtherefore can any genuine efforts beplannedor made to resolve what isclearly a deep-seated socio-politicaland economic crisis, and one whichis intimately linkedto the wholecountry? The situation needs full-time research.What all this violence hasachieved is to show that theIndabap0 ~sr ce' , has been unable to addressthe roots of conflict in this reg ion-ft~also revpIs the spurious natureofIn kat'a s ~Iaims to be the voice ofI'P ople sthe e and it determination toresist any challenge to itshegemony.Thesedevelopments have alsohad important implications for theBlack Sash. Not all our membersare equally convinced thattheIndaba process, and its constitu-tional proposals are unable to bringour country closer to the non-racialT hi., graffitiin 1?dezzdale, outside Pieterntaritzburg reflects theattitude of sonic localresidents to being engulfed in civilmar.democracy we seek. The Black Sashexecutive in the Midlands regionbelieves its most useful role wouldbetoeducate our members and thewider public on the complex issuesinvolved. The two general meetingswe organisedrecently on theIn dabaandInk at ha evoked moreinterest and attendance than anyother meeting in the last fewyears.But to be really effective we need tobe able to mount regular researchand publicity.Another activity thatdeservesmore attention is the Pietermaritz-burg advice office, which is run inthe mornings by voluntary workersand inthe afternoon by a paid case-worker. In 1986, 5 843 interviewswere conducted, most of theproblems relating to workand payproblems, pension refunds andUIF, all of which reflect poorlabour relations in the capital, andthe effects of therecession. Thereare only two other advice offices forblacks locally: COSATU (whichassists only union members)andthe Legal Aid Clinic (which closesduring all university vacations),and consequently the burden onour advice officeis considerable.Employing a caseworker has en-abled us to cope with the volume ofclients, but has not madepossiblewider initiatives such as research,education, and advice to potentialself-help groups (many of which Callfoulof Inkatha). Ideally our v olun-tary workers and/or the case-worker should attempt theseventures, but the sheervolume ofclients makes this impossible.Thus the potential in Pieter-maritzburg for the Black Sash to doactiveresearch, documentation,publicity and education, on issuesranging from local political violen-ce, Inkatha, the lndaba,labour law,and how to cope with destitution, is,virtually unlimited, but the natureof our membership I believemilitatesagainst such activ ity beingdone on a voluntary basis. In thelast seven years the worsening o1political andsocio-economic ci is ishave both increased our memher-ship to 91 (plus 8 associatemembers), and altered thestrnetureof that membership. Of the 33 lullmembers who joined sinceSeptember 1985. 15 are fullyemployed. and 11arc Part-time-Eight out of ten executive membersare in full-time employment. mm b,,,the demands of career, familyandthe Black Sash have to be finelybalanced, and we no longer haveWrn n who have the aptitude andornthe freedomto devote most of theirtime and energy to politicalactivism.The voluntary nature of theBlack Sash is a hallowedtradition,and is not likely to die out, for thereis an increasing number of politicis-ed women in Pietermaritzburgandelsewhere who wish to be active inprogressive vyomen's organisations.But changing circumstance. anda moredynamic local executive,point towards the desirability of theBlack Sash employing researchstaff in this region.Although thereare a large number of progressiveoreanisations locally (in fact adisproportionate number relativeto thesire of the city, the whitepopulation o1 which is about onethird smaller than Durban), fete- ofthem employ lull-timeresearchers,and the PM B campus of the univer-s'I lack the high number of. t Sresearch posts enjoyed by theDurbancampus. such a movewould mean the diftercnce betweenthe Black Sash maintaining a lowprofile in this region, andmaking agenuine contribution to the strugglefor a more just society. D

of 53

52 March 1988. REVIEWSThe Strollersby Lesley Beake00-kew Miller Longman19X7)This book was written fora)-outhful audience. Our bookre viewer i-r ten years old:Johnny Kashan leaves homehecause the way he is treated isnotfbut li fe on the streetsair is not faireither.He joins a gang who roam thestreets of Cape Town mostly~Ireping inderelict factories andwarchuwes.-I hey earn their money bybegging and spend it on food,cigarettes and lighter refillsto sniff.Jh ny so(,n esonn becom leader ofthe gang of four. The others areAbel the film fanatic, who isJohnny's clonefriend, 'in kie agood natured boy with a bad coughand Mesana who is about eight andis the youngest in the group.'7-here are good times and badtimes I-or the gang.When there is money things gov,cll but when they are coldandhungry things are very difficult.'1 -he book is very interestingbecause it describes the Strollers'way of life very well.It alsodescribes some of the fascinatingcharacters that Johnny meetsincluding Abraham of the SpiderMcn, who wearsthe most extra-ordinary clothes.-these boys and girls end up inthis type of situation because therearc too Iew teachersand too manypupils and because they cannotlearn properly this causes trouble athome and so they eventuallyrunaway and join a group of strollers.Strollers say they are free butthey really have no freedom.T-hey cannot freethemselvesfrom drugs and the need to beg.They are not free to chooseanother life-style.-I he Strollers is aninteresting andtouchingly realistic book.South Africa UnderApartheidJacqueline A. Kalley.Occasional Paper 31.Shuterand Shooter, with theInstitute of Social andEconomic Research, RhodesUniversity. 1987.Paperback839,00This large paperback, with itspowerfully grim-looking cover inmainly black and yellow, looks justright for lyingon the coffee table toimpress liberal visitors. No BlackSash member would stoop to such aploy, of course, but if theydid,disappointment would soon set in.This is not a rivetingcover-to-coverread. It is `a select andannotatedbibliography' compiled by anexpert, and it's very much aworking volume.It consists of I 123 numbereditems- publications listed inalphabetical order ofauthors, andeach with a short summary of con-tents. There are twoindexes, one ofauthors and the other, very useful,of subjects. Researchers in political,social and economic fieldshave, noThoma.r Woodward doubt, been using the book forJACg1iJEB.)INE A. 1CAr.LFYWdEaunder!~'~fIII,T'El~some months and will certainlyhft,ot,oave fo nd it clear, accurate andcomprehensive.The ordinary reader hopingtobone up on some aspect ofapartheid legislation, say, orhistory, will have less joy. Thesubject index will direct thereader~sto particular books or article, butafter that one is on one's own. l hisis, after all, a bibliography, a list,and abibliographer mustscrupulously refrain fromcommenting, or evaluating thematerial in any way. The reader willhe left toweigh up, from thesummaries, whether publicationswill be worth buying or borrowing.Interested readersshould,without too much difficulty, he ableto use this meticulous catalogueto help pinpoint areas of workneedingattention. Many will bestruck, as 1 was, by the sheer bulkof the literature apartheid hasgenerated (spawned might beabetter work in some cases) over theyears. Many will also be askinggloomily where all this print andpaper have gotus. Not far, perhaps,but as this book shows, many fineminds have bent themselves toconsideration of the problemsandit is good to know that a work ofthis kind helps us gain access towtIhat may be inspiring thinking. ElStephanieAlexander

of 53

Ma-5 198853Democratic Liberal-ism in South AfricaIts History and ProspectJeffrey Butler, RichardElphick, and DavidWelsh(eds) (Wesleyan UniversityPress & David Philip(Pty) Ltd)During the past two decades ourunderstanding ofsouthern Africa'spast has been enormously enriched.The records have yielded vividrecreations of the experiencesofdispossessed groups and newexplanations have been found forprevailing patterns of oppressionand dominance.Inthis context DemocraticLiberalism in South Africaexplores the past, present andfuture of liberal action andthought.The three editors and twenty or soother contributors have produced awell-integrated work - surprising-ly sosince the contributions cameout of a conference (June /July1986) of scholars representing quitediverse foci ofanalysis andresearch.Tradition in South AfricanHistory. In `The Liberal Party,1953-1968', past and presentmergeeerily at several points. Twoauthors (Elphick, Lewsen) harkback to Alfred Hoernle's between-the-wars lamentthat liberals hadstopped short of defining what aliberal South African society oughtto be like. Elphick remarks, inwordswhich apply equally to 1988:`To be hopeful in such a time waspossibly a virtue, but it was nosubstitute for rigorousthought'.Part II, Liberal Interpretationsof South African History(Saunders, Butler & Schreuder,Elphick), may sound likean in-house affair for historians but this isnot the case. The liberal-radicaldebate around interpretations ofour country'spast is an importantpart of the Great Debate out ofwhich its future will take shape. Ìtis to be hoped', Elphicknotes,`thatliberal historians will find thecourage ... to set forth asophisticated view of history thatwill make an open societyfirstimaginable, then real'.Under the heading, Towards aLiberal Analysis of ContemporarySouth Africa (Part Ill), thefocusshifts to capitalism in relation tophenomena such as racism (Welsh)and underdevelopment (Brom-berger &Hughes). Yudelman's`State and Capital in Contempo-rary South Africa' is, perhaps, moredifficult for non-economistsbut,among other merits, it illustrates astrength of this volume: the carefuldefinition of key terms (see also,e.g.,Degenaar's `Nationalism,Liberalism, and Pluralism' and, inPart IV, Mathews on the rule oflaw).Readers who wishbetter tounderstand economic factors andto feel more at home with economictheories will be aided by these andotherchapters - which, of course,may be compared with treatmentsof the same themes by scholars tothe left and right.Toenter one area of disputewithin the liberal camp, considerthe policy of àffirmative action' toSix chapters (Davenport,Du compensate groups which haveToit, Elphick, Butler, Lewsen, been discriminated againstIrvine) make up Part 1,The Liberal (Simkins). Is this a route whichdemocratic liberals, in their searchfor economic justice, wish totake?Traditional Black Sash concerns- press freedom (Shaw), education(Hofmeyr) and, most particularly,the law(Dugard, Mathew) -formthe subjects of Part IV. `Liberalsand the Education Crisis' is strongand encouraging: afterexhortingliberals to reject any `notion of amiddle-ground positioning ... andto delineate their terrain positively',Hofmeyroffers constructive ideas- not just for educationists.Echoing Hoernle's complaint ahalf century ago, Dugardurgesliberals to take up the challenge ofconstitutional model-building. Inspite of claims made for it, heargues, theFreedom Charter of1955 provides no such blueprint: itis à statement of principles towhich a democratic SouthAfricashould aspire and does not purportto be a constitutional instrument'.In his Èconomic Means andPolitical Endsin the FreedomCharter', Archer provides aneconomist's analysis of theeconomic clauses of this centraldocument. Thissection (Part V),titled Democratic Liberalism in theCurrent Crisis, is essential readingwhich the passage of time(alreadyalmost two years) has not made lessrelevant. If SASH readers see littlereference to the knowledge oflifeexperience which Black Sash workbrings out, they will find thisknowledge useful when assessingthese six analyses(besides Archer,by Adam, Nattrass, SchlemmerSlabbert and Giliomee).This volume is tar more than aresource offirst-rate scholarshiparound the theme of liberalism. It isa clarion call, buttressed by feasiblegoals and performabletasks, tothose who wish for à democraticliberal outcome in South Africa'. Ifhope seems almost extinguished onanunblinkered contemplation ofthe facts, it sure ivies nonetheless inthe perception of `the open andcreative possibilitiesof humanhistory' which the authors holdout.Candy Malherbe

of 53

54 March 1988The Systems DebateI was shocked at a recent GeneralMeeting to hear an `old' menrbcrsay, that we inthe Black Sash "havetackled every issue except the oneahout Free Enterprise vs Socialism:and we should not touchit becausethe Sash would probably be dividedin the middle".If we are genuinely striving for ajust society in SouthAfrica,wanting to 'further the politicaleducation and enlightenment ofSouth African citizens and others'(see our Aimsand Objectives), howcan we rightfully exclude the veryimportant aspect of materialintere,t and the structuringofeconomic life from our agenda nowanti in a future South Africa? The'Systems Debate' is concerned withan integralpart of daily political lifeand it does not befit the BlackSash, in my opinion, to adopt anostrich-like attitude evadingthesetopics.I would like to encourageregions, branches and individualmembers to participate in thisdebate. We do nothave to 'split inthe middle', nor do we have to fighteach other: it is rather a question ofinformation and exchangeofperspectives.Birga ThomasCape Western RegionLet's hear it for themenWe would like to commend themagazinecommittee on a veryworthwhile August edition ofSASH.As with the other issues this year,the layout was good and thecoverdesign made a powerful impact.The magazine offered a thoroughly'good read' from cover to cover andleft uswith the satisfying feeling ofhaving gained valuable informationwhile also being challenged by newand, sometimes,contentious ideas.The large number of photographs,illustrations and cartoons contri-buted to making it look invitingandlively.Since the various aspects of theposition of women in South Africawere so admirably presented, wewouldlike to suggest that aninteresting focus for a future issuewould be the role and status of menin the Black Sash.JuliaDenny, Nova de Villiers,Jill Joubert, Sue Ross and SueStewart (Albany Black Sash PressGroup).1, 1h- a debated-eloping here?We tvould -Icon, contribution.,that arg,ie for change.rarcay from thepresent role and statu.r of men intheBlack- Sajrh or which elaborate onunfulfilled potential within thepresent order'. E,d.NEWS-STRIPAlbany campaignfor Human Rights Day15 d&3sdecember 10do you have children (perhaps grandchildren) are you afraid for theirfutureinsouth africa?will they have the privileges you would want for them - a fine educationa good job?perhaps they will.but in a changing world it is not their privileges thatyou worry about the most -will they havethe rights they are entitledto?food and shelter, education, work, the freedom to choose their lifestylethe assurance that they'll be protected byfairlaws?these are basic human rights that you would want your children to beassured ofyour employees no doubthave children too.the south african government should be urged to negotiate NOW, with theleaders who count, for thehuman rights of all our children.december 10 is human rights day. give it a thought.A campaign by the AlbanyRegionto mark Human Rights Day onDecember 10 included the oppositetext folded into a Christmas cardformat anddistributed throughoutinGrahamstown. This was organisedby the region's 'White Outreach'group - recentlyestablished to tryto increase awareness amongstwhites in Grahamstown of thesituation in the city and in SouthAfricagenerally.Together with the `Lawyers forHuman Rights' organisation, thegroup also placed a prominentnotice in thelocal Grocott't Mailnewspaper. It laid out the funda-mental rights which were adoptedand proclaimed by theUnitedNations on 10 December 1948.These included the right to parti-cipate in government, freedom ofmovementand residence, pro-tection against arbitrary arrest,detention and exile, and the right toknow!Nova de Villiers

of 53

THE NATIONAL COUNCIL Mary Burton 30The Government's latest attempt to gain legiminacy.DIARY OF A RURALVISIT Beva Runciman 32Lots at stake - responding to rural calls.BATTLE FOR NAMAQUALAND Lala Steyn 34Lastchance for communal farming.MORE TRIBUTES TO THE PIONEERS Freda Bate, Philippa Taylor, Joan Pare38Starting out .youth of the Hottentots Holland mountains.WHAT DOES MOMMY LOOK LIKE, DADDY? BobbyMelunsky 45A Sash Dad's whimsical reply.RURAL ROUND-UP Candy Malherbe 46Listing current Western Caperural ventures.BREAKING GROUND IN TRAINING ADVICE WORKERS Sue van der Merwe 47Sharing .skills withAdvice Office workers.SHE WAS SO KEEN AND BRAVE AND BRIGHT Judy Chalmers, Hilda Tshaka 48A gem of atestimony to Pauline MbunyeWORKING AT THE OUTPOSTS Pat Merrett 50The Natal Midlands region in ahot-spot.REVIEWS 52The Strollers, South Africa under Aparthied, Democratic Liberalism.LETTERS 54The Systemsdebate, Men in the Black SashNEWS-STRIP 54NATIONAL CONFERENCE 56Advance details about the Black Sashnational conference.SASH magazineSubscriptionsSASH magazine is the official organ of the Black Sash. Whileeditorials andeditorial policy 5 Long Street, Mowbray 7700adhere broadly to the policies ol'thc Black Sash, the viewsand opinionsexpressed in otlicrmaterial do not necessarily reflect the opinions of the Black Sash.The contents of thismagazine have been restricted in terms of theEmergency regulationsAll political comment in this issue, except whereotherwise stated, is byS. A. Raynham,5 Long Street, Mowbray 7700.Imtol.~ R 15.00 per year, including GSTandpostage.and Europe: R30 or equivalent.USA acrd Australia: R40 or equivalent.The contents of this magazine areprotected by copyright. Those wishing toreproducecontents must do so in full with acknowledgement to SASHmagazine.Published by the Black Sash, 5 Long Street, Mowbray 7700Printed by Fish Hoek Printing, Somerset House,Main Road, Fish Hoek 7975.SA ISSN 0030-4843Black Sash officesHeadquarters:-5 Long Street, Mowbray7700Telephone: (021) 685-3513Telephone the above number for theaddresses and telephone numbers of otherBlackSash branches.

of 53

4 March 1988EDITORIAL COMMITTEEE'di""Helen ZilleGuest editor /or this issueSarah-AnneRaynhamSttG.edilht8Candy MalherbeSarah-Anne RaynhamHelen ZilleProofreadhtgSally AndcrsonHilary IvoryCandyMalherbeSarah-Anne RaynhantPhillippa TaylorDrriget artd lyontKate McCallumSarah-AnneRaynhatnProductionLinda-Jean DykstraKate MsCallumSarah-Anne RaynhamDistributionLo,. ShawJudyWoodwardRegional ReprereufafirerAlbanyNova de Villiersl3 orderLindy HarrisCape L'arteru'NobelDouglas-JonesJobattnerbnrgJoyce HarrisNata/ CoartadRita EastonNatal Midl-drMary KleinenbergPrrtnrirtCarolLongCartoon credits:The cartoons above and onpp 12-13 arc by Plantu fromHuman Rightr: Question., andAn--UNESCO 1981.Reproduced by permission ofUNESCO.editorialThe movement from one year to another usually callsfor some kind ofstocktaking. We look back on 1987 and forward to 1988 within a contextof the Black Sashcommitment to promoting the rule of law in South Africa- now a casualty of intense political struggle and, perhaps, offailure inadvocacy.This issue provides an overview of some of the recent political trials whichhave occupied oursupreme courts. We also report on the emergence ofalternative systems of law enforcement on two fronts: Street LawandPeople's Justice. Increasingly, legal battles grow from rural bases. This isevident in those articles which describethe background of politicaldevelopments as they emerge from Namaqualand, Eastern Cape and NatalMidlands.Eventhis limited review shows a legal system subject to immense pressure- both procedural and political. If we are to makeany sense of the realimplications of current developments in this field, we will require a fargreater degree ofbroad-based legal literacy within the Black Sash. Thecrisisof legitimacy that has enveloped the South African legalsystem will requirethe Black Sash to assess its environment with new eyes, as it were, inorder todistinguish the woodfrom the trees. We need to understand the roots ofuniversal principles of justice in order to extract those worth savingfromthesystem in which they are embedded. For it is unlikely that a legal system socontaminated by the lawlessnessof the state will survive intact. We shallalsoneed to work for the transformation of those fundamentally justlegalprinciples into new forms which are appropriate to a divided society as itmoves through phases of transitiontowards the new - probably as complexand challenging as the one we know.The immediate task of our nationalconference will be to begin planning asix-month campaign to mark the fortieth anniversary of the Declaration ofHumanRights. In executing this campaign we will take forward the missionof working for the achievement of human rights inways which show theirrelevance to contesting parties. Our cover was designed to suggest that thiswork can be donein joyful solidarity.

of 53

March 19885POLITICAL TRIALS OF 1987law on aknife-edgeshauna westcott'There is an intimate and permanentrelation-ship between freedom and the rule of law. Therule of law doer not constitute the whole offreedom but it iscertainly a basic part of it ...There is an equally important link betweensocial justice and the rule of law in thesenseagain that justice, while being a much broaderidea, incorporates the rule of laic as afundamental part of itsmeaning.'Anthony Mathews: Freedom, State Security and theRule of Law.1987 was a watershed year for thecourts.In several major political trialsthey have been adjudicating betweenthe regime and the resistance. In thiscontest theState of Emergency hascreated the framework for somealarming judgments and protractedproceedings. ShaunaWestcott outlinesdevelopments in the Cape TownSupreme Court (picturedhere) overthelast two years.The SupremeCourt in Keerom Street isquite an imposing edifice. It is designedthat way, as are the rituals of dress, procedureandlanguage governing officials and lawyersparticipating in what is described as theadministration of justice. A certainamount ofp: ~np in the high courts has been considerednecessary and desirable by the rulers of mostsocieties. It is away of stressing the serious-ness of what takes place. It can also be a wayof intimidating, mystifying andcoercingthose at the base of the social pyramidwithout exposing those at the pinnacle to toomuch moral discomfort.Finally, it can bemere form, pretence - the gloss of tyrants.

of 53

6 March 1988POLITICAL TRIALS OF 1987... no Personis safe fromwhat Mxoli.riPet-described as`state terror'...It isnot within the scope of this article toconsider to what degree justice is accessible inordinary criminal and civil mattersthat donot fall within the category of' 'political trials'.But it should be noted that there is an extentto which any trial haspolitical dimensions inso far as it reflects and perpetuates structuresof power and privilege. There is a corollary tothisin the unequal access to the courtssummed up by a nameless wit who remarkedthat `the courts, like the Ritz Hotel,are opento all'.Most South Africans probably understandwhat is meant by `political trials'. However, ifonly to beliberated from the need for endlessquotation marks, they will be defined in thisarticle as those in which therelationshipbetween the government and the governed is akey issue.In democratic societies this relationship issubjectto what lawyers call `the rule of law'.This phrase may have to be abandoned inpost-apartheid South Africa ashopelesslycontaminated by the present regime's 40-yearhabit of ruling by enacting laws that `enthronea system ofstate lawlessness', as TonyMathews puts it.The simplest definition of `the rule of law'which emerges from Mathews'sverythorough discussion is Albert Venn Dicey's:`The security given under the (English)Constitution to the rights ofindividuals.'Another is: `The legal control of the govern-ment in the interests of' freedom and justice.'There can't bemany people who need to betold that in South Africa the `rule of law' hasbeen systematically demolished by a stringof`security laws'. What that means is that noperson is safe from what Umkhonto we Sizwe(MK) cadre Mxolisi Petane,jailed inDecember 1987, described as `state terror'.S15-2a Westcott There are those who would object to thisasextravagant language, but to the majority ofpeople in the country it is accurate.It is accurate, perhaps even anunder-statement, for the estimated 70 000 peoplewho lost their homes when the Nyanga Bush,Portlands Cement,Nyanga Extension andKTC squatter camps went up in smokebetween May and June 1986. They allege --and so dopriests, journalists, relief workersand others on the scene at the time --that thepolice and the Defence Force played anactiverole in the destruction.The first of some 3 200 damages actionsagainst the Minister of Law and Order,broughton the basis of this allegation, iscurrently being heard in the Supreme Courtand may be a test case. At stake is overR5million in claims, the official credibility of thepolice and the remnants of popularconfidence in the courts.A prelude tothe damages actions was thevain attempt of KTC residents to stave off thedestruction suffered by the threesatellitecamps by means of an interdict againstwitdoeke, soldiers and police. A temporaryinterdict was granted butproved noprotection. Significantly, the Minister of Lawand Order withdrew his opposition to thegranting of a final orderand agreed to paycosts. He said the case had become `academic'since KTC had been razed, and he could notaffordto have his men tied up for months in atrial. The test case in the RS-million damagestrial is likely to occupy the Courtat KeeromStreet for most of 1988.

of 53

March 1988 7POLITICAL TRIALS OF 1987A rce~ze duri,ag the In fact nobody's men have been more tieddertructio~z of a KTC up in court during 1986 and 1987 than thesquatter camp iii minister's. If there was a medal to bewon forwhich, it it alleged, being sued more often than anyone else, thethe police and Minister of Law and Orderwould have noDefence Force played rivals.an active role. A test He has been sued extensively - and hasdamagescare against paid out an enormous amount of money - tothe Minister of law victims of the unlawful behaviour ofhisand Order itcurrently being underlings. To cite two examples: Inheard. September 1986, the minister paid 8205000to Heideveld resident Mr Leroy Walker whowas paralysed after being pushed off a roof bya policeman. Early in1987, the minister wasordered to pay damages of R50 000 to MrsJuwaya Carelse, widow of a Salt River manshot inthe head by a police warrant officer --since promoted to lieutenant - while he wasvisiting neighbours in September1985. Thatsuch damages suits can succeed, despite thefact that security law give the police al-most every imaginableprotection fromprosecution, is one of the arguments against atotally negative view of the present and futurerole of thecourts.The Minister of Law and Order has alsobeen cited as the respondent in numerousapplications for the releaseof emergencyregulation detainees. There were far more ofthese applications in 1986 than in 1987

of 53

8 March 7988POLITICAL TRIALS OF 1987... aDominicannun detainedafter a funeralbecause, thepolice .raid,sheassaulteda constable.Sitter ClaireHarkin picturedoutside Pollrrnoorprison after herrelease fromdetention. She wassuetby SisterTheresa, acti,:,~Rebionul Superiorof the DominicanOrder.because, in the words of one of the Bar'sleadinglights, such suits cannot be won -given the nature of the Emergency regulations- unless the police 'shoot themselvesin thefoot', and this they have largely learned not todo after a year's practice. But they `shotthemselves in the foot'withregularity in 1986,and a number of detainees were releasedeither by order of the Supreme Court or bypolice shortlyafter such applications hadbeen launched.Among the most celebrated of these wasSister Claire Harkin, a Dominicannundetained after a funeral because, police said,she assaulted a constable, swore obscenely athim and hindered himin the course of hisduties. Papers filed on behalf of Sister Clairesaid she stood between the constable and ayoungman he was beating up and pleadedwith the constable to `please have mercy onthe boy'.Among the points made byMr JusticeRobin Marais in a judgment that was anexample of how the courts can still choose touphold the rights of theindividual against themight of the state, was that police affidavitshad been silent on the crucial factor of whythey didnot arrest the nun in terms of theordinary law of the land.The state appealed against this judgmentand the AppellateDivision - which,according to advocate Sydney Kentridge SC,has never recovered from the appointment in1955 of fivejudges whose qualifications forsuch elevation the legal profession was unableto detect - reserved its decision on23November 1987.Wthy of mention among judgmentsor'handed down in 1987 - not least for thejudge's sharp criticismof former Bellville riotsquad boss Captain Ockert van Schalkwykfor `high-handed and unacceptablebehaviour' - is thatgiven by Mr Justice LRose-, nnes in ordering the release fromdetention of jailed printer Mr Allie Parker.Mr JusticeRose-Innes also took issue with'brother' judge Mr Justice H C Nel over asupposed Appellate Division ruling thatnoreason for arrest had to be given to peopleheld in terms of the Emergency regulations.Mr Justice Nei said the rulingexisted. MrJustice Rose-Innes said it did not, analysingthe case in question (the Kerchoff case) tosubstantiate hisview that the point wasneither argued before the court norconsidered.An article of this length cannot beexhaustive buttwo further classes of trialneed to be mentioned before a conclusionabout the implications of political trials canbedrawn - `public violence' and so-called`terrorism' trials. Quotation marks are usedfor both terms because they arerejected asloaded by a significant and probably majorityconstituency.Passionate objectors to the term `terrorism'werethe 13 young ANC members andsympathisers jailed in August 1987 by MrJustice Nei for terms ranging from threeyearsto life. They said they were fighting for free-dom, that they were not lovers of violence,that violence had beenforced upon them andupon the ANC after 50 years of peacefulprotest had accomplished only bannings,imprisonmentand death. They stressed thatthey were `bound by a morality in thestruggle', as MK commander Li- Ngqung-wane putit.Defence team leader Denis Kuny SCobserved in his closing address that the trialwas `tragic' because the 13 werenot criminalsbut `people of integrity, intelligence andprinciple'. This emerged vividly from theirevidence andstatements from the dock inmitigation in which poverty, humiliation,exposure to brutality and an idealistic longingforpeace and justice for all were the themes.

of 53

March 19889POLITICAL TRIALS OF 1987A teenage girl who `Will the court understand me as 1 am?' 26-wa.r one ofthe year-old Theophilus Mzukwa asked. `Will theAthlone High School court understand why an ordinary simplepupilscharged with man like myself who has suffered all his lifepublic violence in the eventually turned to violence? Will thiscourtcare described below. understand that it is my love for people thatUnlike her co -pupils drove me to do what Idid?'- `The WynbergSeven- .she went The court did not understand, dismissingfree. his statement along with the restas òf little ifany value', describing him as à terrorist notonly as defined in the relevant statute but inthe ordinary senseof the word', and jailinghim for 25 years. He had injured no one.Neither had any other of the 13.0the 'Public violence'front, concern andndismay over prison terms imposed on andfacing hundreds of young people caught upin the 1985unrest have been pronounced.Perhaps the most well-known case is that ofthe `Wynberg Seven' -pupils fromWynbergand Athlone high schools, aged 17 to 19,jailed in June 1987 for =year (one for threeyears) for throwingstones. Some 30 000people had signed a petition to the ChiefJustice on behalf of the Seven, asking forleave toappeal, but this was refused. A panelof international jurists who visited SouthAfrica described such sentences as`borderingon the barbaric'.A solitary ray of light in this s e was castby Mr M W,gherJustice D I iamson, whosentencedfour Zolani activists convicted ofstoning a house and two cars, setting onealight, to two years of community serviceandsuspended jail terms. The judge said evidencein mitigation left him `with the uneasyimpression that there mayhave been areluctance on the part of the authorities toreceive and act on complaints againstvigilantes'. The owners ofthe house and carswere vigilantes. The judge sought, inimposing this sentence, to effect reconcilia-tion in the dividedcommunity.The treatment of 'public violence' by thecourts was seen from a different angle inSeptember 1987 when MrJustice C T Howiewas overruled by his two assessors in thematter of the guilt of two policemen -Warrant-OfficerKruger and Constable Villet- charged with murder.The facts were that the two hid behind afence on a corner inBellville South afterconsiderable unrest during the day, withorders from Colonel Mans and Captain vanSchalkwyk toèliminate' troublemakers. Acrowd of about 50 gathered, teargas was fired,people ran, and Kruger and Villet firedsevenshots, killing a young woman and woundingthree others.The assessors, who may overrule the judgeonquestions of fact but not on questions oflaw, acquitted the policemen on the basis thatthey were following `superiororders' - adefence that failed Adolf Eichmann. Thejudge said he would have found them guilty -Kruger of murder andVillet of attemptedmurder - because the `superior orders' wereclearly unlawful.The state has appealed againsttheassessors' decision which may yet be over-turned by the Appellate Division.It is clear from the above that therearejudges, not all of whom are mentioned here,who will endeavour - in the shrunken spaceleft to them - to protectindividuals from thelawlessness of the state. It must be recordedthat these judges are in a minority and fallunder theauthority of Judge President MrJustice G G A Munnik, whose role ascommissioner in the controversial 'Ballinquiry'into the funding of UDFadvertisements had many critics, includingthe General Council of the Bar of SouthAfrica.It isalso clear from the above that thestruggle between the regime and the peopleextends to the courts, where justice ismore ofa stranger than the presiding genius.The present cost of this in terms of humansuffering is without measure.The cost for thefuture - unless the legal profession comes upwith something more concrete and compel-ling than theoccasional disapprovingstatement and the odd heroic voice - may bethe loss of the baby with the bathwater whenapeople angered past endurance comes tooverhaul the legal system. OShauna Wertcott resigned at SupremeCourtreporter of the Cape Timer at the end of 1987. She ita member of Black Sash Cape Western Region.

of 53

THE BLACK SASH CALENDAR OF KEY DATES AND ANNIVERSARIESJANUARYA.N.C. founded in1912.FEBRUARY[31 500th Anniversary of the arrival of Dias in Mossel Bay.12 District Six declared "white" 1966.28 ]A.N.C. Defiance Campaign 1952.MARCH8 International women's Day.F10 -13 Black Sash National Conference,Jhb;start of 6-month Human Rights Campaign.'12 National Detainees Day. 21 Sharpeville 1960; Langa, Uitenhage1985.APRIL P.A.C. founded 1955. A.N.C. and P.A.C. banned 1960.13 300th Anniversary of the arrival of theHuguenots in Saldanha Bay.MAY1~ International Labour Day.10th Anniversary of Kassinga Raid; International Day ofSolidarity withNamibia.19 Black Sash founded in 1955.25 African Liberation Day; O.A.U. formed 1963.31 40thAnniversary of Nationalist Rule in South Africa.JUNEOl International Children's Day.16 Soweto Day 1976.Lg6Freedom Charter adopted by the Congress of the People 1955.JULYJ18 Mandela's 70th birthday.20 'Funeral ofCradock Four 1985.AUGUSTNational women's Day; March to Pretoria 1956.Ig U.D.F. launched 1983.26 NamibiaDay.SEPTEMBERII Sebokeng 1984.F121 Steve Biko's death 1977.29 10th Anniversary of the U.N. Resolution 435on NamibiaOCTOBER Troops into townships 1984.11 International Day of Sclidarity with Political Prisoners.16 Day ofPrayer for Political Prisoners (Dependants Conference Sunday).19 Major black consciousness and otherorganisations banned 1977.NOVEMBER30 COSATU launched 1985.DECEMBER N.U.M. launched 1983.HumanRights Day; 40th Anniversary of theUniversal Declaration of Human Rights.16 150th Anniversary of the GreatTrek.SUPPLEMENT TO SASH MAGAZINE MARCH 1988

of 53

the black sash, vol. 30, no. 4 - jstor

Documents