SUNDAY TIMES, January 26 1992 7 Cash crunch for SA human rights lawyers CASH-strapped South African human rights lawyers are considering legal action against the defunct London-based International Defence and Aid Fund for outstanding debts totalling millions of rands. Stompie And some have called on the ANC to apply pressure on Idaf’s trustees to pay up. The anti-apartheid organisation — the major source of income for many South African human rights lawyers over the past 30 years — closed in April last year, attorney leaving hundreds of lawyers with unpaid accounts. A new organisation, the South African Legal Defence Fund (Saldef), has been established in South Africa to replace Idaf, but By DAWN BARKHUIZEN pulls out is not liable for the old By CATHY STAGG debts. cases when clients could Thompson and Haysom not pay for themselves, has represented clients in AN attorney representing Attorneys, who asked the “coach” of the Mmideia not to be identified lest according to a partner, Mr some of South Africa’s Norman Manoim. major treason trials, in­ United Football Club, Jerry they lost all chance of Richardson, has withdrawn recovering their money, “Naturally we hope we cluding the case against can continue this sort of Moses Mayekiso and other from the case because of a said they had disbanded lack of funds. partnerships, cut down work, but much depends on Alexandra township Attorney Kathleen staff, refused new human how much money Saldef leaders in 1987, and Satchwell confirmed she rights cases and diversified can raise and how much Eastern Cape district was no longer representing into criminal and civil local business will contrib­ surgeon Wendy Orr, who Richardson, 43, who has work. Some attorneys are ute,” he said. brought an interdict to stop been on death row since owed as much as R600 000. One of the few firms detainees from being as­ August 1990. He was con­ A well-known Johannes­ with a flourishing human saulted. victed for his part in the burg firm, Priscilla Jana rights department is Mallinick, Ress, Rich­ murder and kidnapping of and Associates, reportedly Deneys Reitz. The depart­ man and Closenberg has Stompie Seipei. owes advocates R187 385 ment is funded by the part­ frequently represented the Miss Satchwell said she had withdrawn as Richard­ and is on the verge of ners themselves. End Conscription Cam­ Mr John Smith, general paign. son’s attorney last Thurs­ closing. day after approaching Cape Town human secretary of the National Association of Democratic Petition several organisations and rights attorneys Mallinick, being told there were no Ress, Richman and Closen- Lawyers, said: “It appears Bell Dewar and Hall that Idafs donors, due to acted for certain accused funds. berg closed their public She said she had intended affairs sector three months certain ideas about South in the Delmas treason trial Africa, simply did not pay and for Baragwanath doc­ to use the funds to brief an ago. advocate to argue Richard­ up at the end. tors when the authorities son’s appeal. The state will Tragedy “Idaf has offered some refused to renew their con- now appoint a pro deo lawyers proportional set­ tracts after they had Other leading law firms advocate. tlements, others nothing. signed a petition against such as Bell, Dewar and Miss Satchwell expects a As a result hundreds of conditions at the hospital. Hall have reduced staff in lack of funds will also lawyers here have been Former Idaf trustees their public affairs depart­ affect the representation of left with bills totalling could not be reached for Xoliswa Falati and John ment. millions. Some may have comment. Spokesmen for Advocates said they Morgan, each sentenced to to close.” Saldef and the ANC were six years’ jail for their part were demanding money up In the past Cheadle, also unavailable. in Stompie case. front before accepting cer­ tain briefs. A Johannesburg advo­ cate who expects to write off thousands of rands said alongside the boat from which Ron and Val Taylor made their dives he was now turning down ANNE MARGARET GOWING ; the arching superior to you in its own Mr Ferreira’s unit has human rights cases. • Will MRS A M GOWING, the widow of the late knashing of domain. been attempting to tag “One would like to do the £y were just “The only dread one them with identification work, but one’s fees would MICHAEL ROBERT GOWING, formerly of Zimbabwe, about the feels is also primitive: the numbers for research pur­ be at risk. The tragedy is who died on 4th April 1981, please contact David Knott of Ivers were of fear of being eaten alive. poses for the past few that there remains a dire The Board of Executors without delay. All species fear being months with little success need for this kind of work.” faylor: “The eaten and, in the water, you — but they finally struck Because it focuses • The proceeds of certain life assurance policies have been ticountered a know that it can eat you if paydirt when the Taylors largely on labour matters, ny hair stood it wants to.” joined the party. Cheadle Thompson and received. I a primitive South Africa is the only Over four-and-a-half Haysom has not been as . That’s what country in the world to pro- days they worked with a hard hit as the smaller • THE BOARD OF EXECUTORS you come tect the Great White and it group of approximately 23 human rights-oriented PO Box 785442 — Telephone (011)884-6360 nal of this is an offence to catch or sharks off Dyer Island. practices. Sandton 2146 235802 — awe in hunt the animals in local They logged 350 sight­ But it, too, has had to of something waters. ings and tagged 10 sharks. turn down human rights n CURRENT AFFAIRS

rest assured that no political arrangement in evicting their black labour tenants from land future or acquisition of land now will take they have occupied for generations. place without being linked to compensation. The latest example of these evictions, Future arrangements will have to carry the which are taking place in Natal and the consent of most, if not all, political actors, it Transvaal, concerns about 80 people in Piet says, adding that the main political actors Retief, in south-eastern Transvaal. must realise that the land question is a pow­ The group recently approached the Legal der keg that has to be tackled without de­ Resources Centre (LRC) to oppose the “trekpasses” (eviction notices) which had lay. ■ been served on them. They will have to move Tenant labourers . .. trekpasses on the by the end of the month unless someone increase t h e la w intervenes. The matter could be raised by the ANC at more than a contract,” the LRC says. “It is a The costs of reform Codesa, says Derek Hanekom, head of the way of life — rural hardships notwithstand­ ANC’s land commission. “Until interim ing. Labour tenants are farmers and they live A well-known Johannesburg firm of attor­ measures are put in place, people with strong close to the land. Evictions have devastating neys, which specialised in human rights mat­ claims to the land — according to criteria we social consequences. The tenants face the ters,’is on the verge of closing after govern­ consider important — are still falling victim loss of their family homes, their fields, secur­ ity and their accumulated wealth.” ment’s decision to release political prisoners to apartheid.” and unban various organisations. This coin­ Hanekom, who sees this development in The LRC, which has acted for 70 families in the 18 months from 1990 to last July, says cides with the financial crisis facing a Lon- the context of government’s rejection of his­ don-based anti-apartheid organisation, the torical claims in its White Paper last year, the irony of the tenants using the courts is that certain legal requirements laid down in International Defence & Aid Fund (IDAF), believes the issue should be handled by a an erstwhile major financial backer in hu­ ^ k c ia l land claims court. He describes gov- the process are now being used against them. man rights trials in SA. ^rtim ent’s newly appointed Advisory Com­ In particular, there is the required three- Johannesburg attorney Priscilla Jana & mission on Land Allocation as a toothless month notice period, which a number of judgments have held to be reasonable. As a Associates owes R187 385 to advocates who body which moves very slowly. had been briefed by the firm. The debt was He says the people who have been evicted result — and following advice put out by the to have been liquidated by a London law still have a strong claim on the land; evicting SA Agricultural Union (SAAU) on how to legally evict tenants — most farmers are now firm, Penningtons, on behalf of the IDAF, them only compounds the “mess” that will which is in the throes of a serious and deep­ have to be untangled — a reference to forced issuing three-month trekpasses, thereby taking away one of the few legal grounds on ening financial crisis. removals under years of apartheid. which the removal of labour tenants has been The IDAF is having great difficulty in Labour tenancy is an old system whereby honouring its financial commitments. Jana people, by working for the landowner, secure staved off.” (The FM was unable to get comment from the SAAU before going to went so far as to criticise the former patron: occupancy of land and the right to farm it. “The IDAF is in tremendous financial diffi­ The LRC says the contract is made between press). While some battles will probably continue culty and not in a position to honour its the farmer and the tenant family. They agree debts. As a result of this it has made offers of on a number of able-bodied people working to be fought through the courts, the issue will ultimately have to be dealt with politically, settlement, on a proportionate basis to for the farmer and, in return, the family gets various attorneys, which are under consider­ says the LRC. occupancy rights. ation Most of us consider this as a great Most of the contracts, made by simple The current spate of attempted evictions is taking place against the backdrop of funda­ letdown by the IDAF because it was work we agreements of indefinite duration and passed did under its instructions and the situation through generations, are valid under SA law, mental structural changes. The Land Act, the Group Areas Act and the Separate has caused tremendous difficulties to attor­ according to the LRC. neys who do human rights work.” “But, for the labour tenants, it is much Amenities Act have already been repealed. “These changes and rumours about the The IDAF has apparently made an offer allocation of land under a new government of an immediate settlement of about a third WIIFARE COAL appear to have created fears among present of the total amount owing to Priscilla Jana & farm owners about their own futures. The Associates. But such is the crisis in the anti- result is a knee-jerk reaction on their part,” Equality in State welfare payments is the goal of the Social Assistance Bill pub­ says the LRC. lished in Cape Town last week. Perhaps, therefore, it is time the ANC It provides for the consolidation of spelled out more clearly the land redistribu­ various laws relating to social aid tion policy it has in mind — going further schemes and has no reference to race. than simply calling for a special land claims However, the Health Minister may make court to be established. regulations in terms of the Bill, which In any event, the LRC is probably correct “differentiate between different categor in pointing out that farmers have to appreci­ ies of persons” for payments. ate that evicting people is no guarantee Director-General of Health Coen Slab­ against the land in question being acquired ber says government’s goal is to have by the State for allocation to disadvantaged parity in all welfare payments and in people — in particular to people who have theory that is what the Bill advocates. lived on it for generations. However, immediate parity in social As the law now stands, the eviction of pensions cannot be achieved due to lack farm labour tenants does not prevent the of funds. As an interim arrangement pay­ land in question from being acquired. ments will remain different between race “Whatever political agreements are reached groups but the gap will be eliminated as in the future and whatever regulations and mechanisms ensue, it cannot be imagined soon as possible. ... let down by overseas that eviction acts will exclude land claims.” Priscilla Jana backers However, the LRC maintains farmers can

FINANCIAL MAIL • JANUARY • 24 • 1992 • 39 -£CURRENT------AFFAIRS

apartheid fund that its severely limited re­ being considered. sources are continuously being eroded — THUNDERING HEARD Priscilla Jana has always enjoyed a sound with the real possibility that funds may relationship with the various advocates it has shortly be totally depleted. The IDAF has in Former Cape Times editor Tony Heard briefed on human rights matters and is be­ fact formally closed. believes that the FM treated him less lieved to have paid counsel millions for these After consultations with various IDAF than delicately last week (Leaders Janu­ services, particularly during the P W Botha officials, Priscilla Jana has decided to accept ary 17) over his views on media owner­ era. In the reform era it has been reduced to the proportionate offer. The firm was almost ship. We described him as retired and, a skeleton staff and may be forced to shut. entirely dependent on the IDAF and its ter­ therefore, lacking the insights of a work­ Other law firms which specialised exclu­ mination dealt a crippling blow to its oper­ ing journalist. sively in human rights matters also face ations. The firm has apparently also incurred We apologise for this mistaken impres­ financial ruin. Some of the bigger law firms various other costs on behalf of the IDAF. sion, which we acknowledge is wrong, and have either closed their public affairs sec­ An offer of one-third of the total amount regret any distress it may have caused tions or reduced staff in them. due to the attorneys — as full and final him. He left his editorship for reasons □ Bar Council vice-chairman Wim Tren- settlement of all claims counsel may have other than retirement and writes now for gove SC said only: “I understand from her against Priscilla Jana — would have to be other publications. (Jana) that it is a confidential matter and, accepted by the Johannesburg Bar Council. unless I have her permission, I cannot com­ The FM understands that this matter is ment. Eddie Botha

No cheer for democracy

fere will be no freedom of speech under an who will decide whether the free flow is World will be the first to go, along with NC government if its draft media charter being restricted? Radio Lotus, which broadcasts exclusively fis any guide. The media must also be democratised in for Indians. Attractive continuity girls will The ANC has said repeatedly that it sup­ certain ways, which is ANC-speak for be told to display less cleavage; M-Net will ports the concept of freedom of speech but restricted. “Diversity of ownership of media be forbidden to broadcast the Miss World does not appear to understand that civil production and distribution facilities shall be competition. Female rugby commentators liberties are impossible without freedom of ensured,” says the draft charter firmly. To will be become compulsory; John Berks will the media, which is the least interesting emphasise that there will be a Big Brother have to stop telling jokes. freedom but the most important. And, doing the ensuring (instead of letting the Sound silly? This is the logical conclusion though the ANC’s draft media charter pays market take its course) the charter offers of allowing any media restriction that goes rather grand lip service to media freedom, what it calls promotional mechanisms. beyond the technical allocation of frequen­ the details suggest that the ANC has some­ This is where the real menace appears: “In cies. thing else in mind — or that it is naive. order to promote and monitor the realisation Freedom then ceases to be an absolute The preamble of the charter, like most of these freedoms, independent structures — in the sense that professional journalists preambles, is full of apple pie: “At the core of shall be set up for defined sectors of the and broadcasters are responsible and ac­ democracy lies the recognition of the right of media.” If freedom of the press has to be countable — and becomes a matter of inter­ all citizens to take part in society’s decision­ promoted and monitored, instead of being pretation by outside committees and com­ making process ... Democracy cannot declared and protected by law, then it does missars. emerge and flourish without a democratic not exist except by fiat and exception. The commercial aspects of TV do not media.” And so on. These monitoring structures, says the escape. The draft charter resolves that “pub­ It is when we get to the “basic rights and draft charter, “shall be representative of lic broadcasting services must be obliged to freedoms” part that the problems really media-owners, workers, political parties, broadcast a substantial number of existing ^egin. For instance: “All the people shall civil society, relevant experts and others.” drama and documentary programmes on SA ^ a v e the right to freely publish, broadcast But these are precisely the interest groups which have never been widely distributed” and otherwise disseminate information and which are directly involved or interested in and that these services “should commission opinion, and shall have the right of free broadcasting anyway — why form them into and broadcast drama and documentary pro­ access to information and opinion.” a so-called structure? grammes, including documentaries on the Does this mean that anyone should have The ANC believes that an all-party con­ interim period, to be made by independent the right to walk into a TV studio and make gress (perhaps Codesa) should appoint an producers.” an announcement? Does free access imply interim broadcasting consultative committee This is simply a marvellous recipe for a that newspapers and radios should not have a immediately. This is a sensible suggestion: new gravy train for politically correct (and price but simply be handed out to the the SABC was so biased and restricted in not necessarily competent) producers. masses? Obviously not: the idea is absurd. favour of the National Party before 1990 Throughout its muddled document the On the other hand, “all the people” may just that doubts about impartiality are under­ ANC ignores the needs of the market. It does be ANC-speak for the democratically elect­ standable. not consider whether the measures it recom­ ed representatives of the masses — that is, But the ANC wants this committee to mends will be acceptable to the consumers of the ANC. “review current staffing and management of print, radio and TV — and therefore whe­ Slightly more encouraging is the intention the SABC,” which will sound especially omi­ ther these media can be paid for. that “all institutional and legislative mea­ nous in the corridors of Auckland Park. The And in ignoring the market, the ANC is sures which restrict the free flow of informa­ ANC also undermines the credibility of the ignoring the very constituency which it tion, or which impose censorship over the earlier proposal when it argues for “setting claims to represent but whose members will media and other information agencies, shah down procedures to remove racist, sexist and not be allowed to decide for themselves: the be prohibited.” If the rejection of censorship ethnically divisive practices from the broad­ people. means that we shall be flooded with hard casting environment.” We can only hope that the ANC has porn, perhaps it will be a small price to pay Here we have the puritanical side of so­ worked a little harder on its long-awaited for the fresh air of political freedom. But cialist totalitarianism. Presumably Women’s economic policy, due to be released soon. ■

40 • FINANCIAL MAIL • JANUARY • 24 • 1992 20 SUNDAY TIMES, November 8 1992 OPINION Rot in the army 'L •HE rot in the SA Defence eventually disbanded but the gov­ Force has now spread so ernment was unable to recover deeply, is so pervasive, that from the agents missing state Inot even the most dedicated documents or repossess state < efforts at cover-up are suc­ property. Finally, it now appears, ceeding. the government was blackmailed The breakthrough came this into paying the rebel CCB agents j week at the Webster inquest with hush money. During this whole the admission by General Eddie sordid business army officers en­ Webb, a permanent-force officer gaged in a massive cover-up, per­ and former head of special jured themselves before a ju­ forces, that he had known of as­ dicial commission of inquiry and sassination plots by the Civil Co­ consistently lied. Nobody in the operation Bureau, the army’s regular army or CCB has yet semi-privatised Tontons Ma- been disciplined and the state coutes. continues to pay the legal costs of The army can now be directly the very men it claims not to linked to the monstrous actions control — the bill so far is esti­ the CCB undertook during the mated at R800 000. ; “dirty war” against opponents to This is not government: it is a ; the PW Botha regime in the late criminal farce. The only thing 1980s. The only question remain- which distinguishes an army ! ing is to what level in the defence from the mafia is an army’s force and government does com- obedience to the law and the civil jgjcity extend. authority. For the rest, they share yhat is revealed at the inquest all the same attributes — loyalty ■j and previous hearings is a truly to fellow-members, conspiracies ^appalling picture of deceit, per- of silence, professionalism in the . jury, treachery and even black­ art of killing. mail under the aegis of officers of If the SADF’s professionals 1 the SADF. want to rise above the mire, dis­ tinguish theselves from the The SADF argument, as best as mafia, they will have themselves n be established, is that it cre- to take the lead in demanding a •\ ated a clandestine group to “dis-purge of all those connected with j rupt” enemies of the state, almost this despicable past. The army’s s immediately lost control of it and reputation is now at the lowest in OMR s was informed of, but was unable com its history: it no longer has a (or to halt, the murderous activities right to expect anybody to be­ ? of its proxies. In other words, the co lieve it. That cannot be the basis Cfessio country’s most senior generals, for creating a defence force able week ago, the heroes of Cassinga, Cuito to meet the demands of the out a challe r Cuanavale and a score of raids future. ering of b against Angolan peasants and Cu- The Webster inquest may not had studied ' ban conscripts were quite unable have answered all the questions, economics to discipline their own creation. but it has cracked the cover-up. qualified to The freelance militia was Anglo Ame From that all else will flow. TV>n n /\ n f Demand grows — but not funding tobeko m aqubela is and therefore, no justice. We need a well-placed as national director Running the South African system where even the indigent are of the South African Legal Legal Defence Fund is no represented,” says Maqubela. NDefence Fund (Saldef). As a easy task — especially if However, a pilot public defender qualified attorney who spent 10 years project underway in Johannesburg has in jail for treason he can be said to one took over at a time run into problems: although progres­ know the country’s justice system when international funders sive lawyers’ groupings are represent­ inside and out. pulled out. GAYE DAVIS ed on the steering committee, the He jokes about his hair going grey speaks to Saldef director work is being done by Legal Aid between February 1990, when FW de Ntobeko Maqubelallll Board staffers. Maqubela says it is Klerk announced the unbanning of the being run “virtually by the govern­ African National Congress and other ment”: the emphasis falls not so much organisations, and April 1991, when for its own operation, Saldef also on guaranteeing an individual’s rights Maqubela was finally released from approached donors to make a special but on how many cases are dealt with prison. But the difficulties he experi­ once-off grant to meet the bad debts, in a day. The Black Lawyers’ Associ­ enced early on as Stldef’s national by that time reduced to “a more man­ ation (BLA) and other groups are director probably also contributed. ageable R7-million”. It was not an threatening to pull out. Saldef was set up to continue, inside easy task: most of the big funders had “What is clear is that an indepen­ South Africa, the work done by the loyally contributed to Idaf’s coffers dent structure should be set up and London-based International Defence and weren’t happy about coughing up there’s no reason why we can’t do it,” and Aid Fund (Idaf), which had fund­ more. says Maqubela, who will be consult­ ed the defence in political trials for “We were able to raise about 30 per­ years. That was as far as the relation­ cent of that sum and people are going ing groups such as the BLA, Lawyers ship went: Saldef was created as an to have to be happy with this,” says for Human Rights (LHR), the Legal entirely autonomous body responsible Maqubela. “Saldef feels it has done Resources Centre and others to deter­ for finding its own funding. more than enough.” mine the best option. But Idaf s closure left attorneys and Today, after a year in operation, Saldef receives funds from major advocates across the country clamour­ Saldef pays out about Rl-million a donors such as USAID and the United ing to be paid for outstanding accounts month in fees for lawyers whose Nations, but the taps are not flowing as — and they landed up at Saldef’s clients don’t have the money to pay. It Ntobeko Maqubela ... ‘We would like to shift the emphasis from freely as they once were. Maqubela door. received a total of 2 493 applications political trials to proactive work’ Photo: GAYE DAVIS believes, however, that “those con­ “When Idaf closed it couldn’t pay for assistance between October 11991 “We were hoping the emphasis tive work— legally empowering peo­ cerned with developing a human every account outstanding at the time and September 30 1992 of which 262 would no longer be on the defence of ple, helping them gain access to rights rights culture in South Africa will con­ — an amount of between R14 and were refused: 90 percent of all appli­ political trials because of the govern­ which have been denied them for so tinue to support us”. R15-million was involved,” says cations received were granted, and ment and the ANC talking to each long — but this shift has yet to hap­ Applications for assistance from Maqubela. “Saldef was not legally over R6-miIlion was paid out to attor­ other, but this did not happen,” says pen.” Saldef (currently at about 200 a obliged to do anything about old neys during the same period. Maqubela. Saldef is also involved in cam­ month) are likely to increase: LHR has debts. It began with a clean slate. Unrest-related cases still occupy the “Political violence has added a new paigning for a public defender system, closed down its litigation fund and an “But we came under a lot of pres­ top slot — about 64 percent of dimension to the whole scenario: whereby anyone landing up in court increasing number of attorneys are sure from attorneys who were not Saldef’s cases. Proactive work — we’re helping with the Goldstone will be able to avail themselves of a becoming aware of Saldef’s exis­ willing to take on new work until their such as advice to civics and political Commission and the Webster inquest lawyer’s services, no matter how poor tence. This has prompted applications old bills were paid. So, even though prisoners and work on land issues — and it’s costing a packet— but look at they are. from the Free State and other regions we were not liable, we felt morally amounts to about 20 percent of the their importance. “The majority of people go through where human rights attorneys were obliged to try and do something.” total case load, acccording to Saldef’s “We would have loved to move the system without any legal represen­ previously conspicuous by their In addition to appealing for funds legal director EB Mahomed. from this kind of thing to more proac­ tation therefore there is no due process absence.

Collection Number: AG1977

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