My Path in the Pursuit Ofjustice Who Had Previously Employed Me As a Non-Articled Clerk

GCB NEWS My path in the pursuit ofjustice who had previously employed me as a non-articled clerk. I was briefed by Mandela and Tambo, and the clerks Speech by George Bizos se on being presented with Godfrey Pitje, Douglas Lukela and honorary lifetime membership of the Johannesburg Bar Mandy Msimang, Harry Bloom, for on 9 October 2004. whom Duma Nokwe was working, and about half a dozen others, to take owe much to the Johannesburg what Nicholas thought would hap matters in the Native Commissioners' Bar, not only for this dinner but pen. He said that it would depend on and magistrates' courts for the mini l for what it has done for me during who the judges would be. They were mum fee of £6.5 and, occasionally, the last fifty years. Due to my refugee Lukas Steyn and Frans Rumpff (both £8.15, for their white clients. Within a status, in many ways I was the benefi of whom were later appointed Chief couple of months it became apparent ciary of affirmative action at school, Justice). Nicholas said we should that Arethe, with her art, and I could at Wits University, and in my early have no difficulty, having regard to earn about £100.00 a month. Having years at the Bar. In competition with their strong Afrikaner backgrounds known one another for over five years, over twenty others, I was admitted to - they had taken an oath of allegiance we were married in August 1954. the prestigious group of Issy Maisels, even though they might have crossed Without her support I doubt whether and allowed to occupy the chambers their fingers. Before Nicholas could I could have achieved even a small of WaIter Pollak for over six months open any of the books in front of fraction of what I have during my without charge. My group fee was him, Judge Steyn asked whether the professional life. £5.00 a month; my typing cost me a applicant was in court, and if he was, Ethics was not a subject taught at shilling a page. let him come forward to take the my university. I was asked to sign oath. At last I knew that my six years The Bar made it possible for thou a certificate of urgency and go to of study might enable me to make a sands of men and women from all Pretoria to move an application living. walks of life to come across my path for an interdict without notice to in pursuit of justice. Their courage, I freely and voluntarily admit that the respondent. I was taken by the integrity, values and optimism have I have been exculpated by the Bar registrar on the Saturday morning had an enormous influence on my Council on four occasions. In respect to Judge JM Murray. He said, 'Sit life, more than any dogma or politi of one of these, Chris Plewman, down son'. I introduced myself. He cal theory. When asked if I suffered the honorary secretary at the time, wanted to know how long I had been any disadvantage because I espoused informed me that there was a letter of at the Bar, where had I come from, unpopular causes, I readily respond complaint from the Attorney-General. what school and what university I that I know of no such cause that I It appeared in a docket placed before had gone to - in a most friendly have ever espoused. him that I had contravened the section manner. He wanted to know why I The Johannesburg Bar and some of of the 1913 Prisons Act, which pro had signed a certificate of urgency. its leading members helped me to be hibited the introduction into a prison I told him because the attorney had admitted as an advocate despite the of narcotic drugs, dagga and tobacco, asked me to. He patiently explained fact that I was not a South African in that I had given my packet of to me that the matter was obviously citizen. I asked Joe Slovo to move cigarettes to prisoners with whom not urgent and that I should come my application for admission, but I had consulted in the yard of the back on Tuesday morning after notice he thought that for a Lithuanian Jew Lichtenburg Police Station. He had had been given. He cautioned me and a communist to be nogal tell decided not to charge me, but request about the duty of an advocate to ing Anglo-Saxon judges that a Greek ed the Bar Council to inform all be independent. An advocate should could take an oath of allegiance to members that it was a serious offence not allow the attorney, the client Her Majesty, the Queen, was not a which would not be ignored in the or anyone else to direct him what good option. So he spoke to Bram future. I asked Chris what I should do. to do. To the disappointment of a Fischer, who in turn asked Rex Welsh He told me that, as the members of number of attorneys, I took Judge to appear on my behalf. the Bar Council had laughed when he Murray's advice seriously. Briefs Rex told me that he was cautiously read out the letter, I should ignore it. from a leading firm of attorneys optimistic about the matter, but in Having looked at the section, it stated stopped because I insisted on calling the event he was unable to appear that mens rea was an element of the an accused to give evidence that because the matter he was in lasted offence. Thereafter, I absent-mindedly would keep him out of jail, despite longer than expected. He handed the left my cigarettes behind. the wishes of the attorneys and the brief and notes on the relevant author Within days of my admission in insurance company that were paying ities to HC Nicholas (who became a March 1954, I walked into the motion my fee. His evidence would make judge of the Appeal Court). On the court with no less than four briefs kept the widow's claim unanswerable but way to court, I was anxious to hear back for me by Ruben Kahanovitz, would show that he was not reckless. 10 ADVOCATE April 2005 GCB NEWS Not all judges were as kind as Judge Murray. I remember my first pro deo in March 1954 before Judge AC Malan in the main criminal court in Johannesburg. He told me that, should he have the misfortune of my appearing before him again, I must write down my questions so that I did not jump around like a cat on hot bricks! The spectators laughed. I became tongue-tied. The judge tapped his fingers on the bench whilst I pondered what to do. I sat down. I went to WaIter Pollak (the leader of the prestigious Group 836 and a senior member of the Bar Council) to complain, hoping for some sympathy. I asked him whether it was worth , ... absent-mindedly left my cigarettes behind ... ' while staying at the Bar. He asked me whether the judge had prevented fee of £6.5 per day and sometimes Duma Nokwe was the first African me from putting my case. I could not without a fee in political cases. advocate to be admitted. Duma's say that it was so. Pollak advised me My first political trial was acting for admission seriously threatened the that if I managed to put my case to so Eli Weinberg, a banned trade unionist unity of the Bar. Had it not been for hostile a judge, there was some hope charged with attending a gathering at the leadership of Issy Maisels, WaIter for me. For the rest, he said, the judge Freedom Square in Sophiatown. His Pollak, Bram Fischer, Harold Hanson, was probably right - hardly a reassur defence was that he was on the roof of Gee Kotze, George Coleman and oth ing remark! a shack at the edge of the square to take ers in countering the attempts of Dr On my next appearance before the photographs at the request ofRuth First, Verwoerd and his colleagues (aided same judge, when I referred to an the editor of the Lett's Newspaper. We and abetted by some of their friends African witness by her surname, I was feared that the police would probably at the Bar), the Bar would have been told that in his court she was 'Martha'. testify that he was at the square as part split on ethnic, linguistic and political I ignored his injunction. Some time of the audience. I got cold feet, and lines. A separate Bar would be formed later, when I said that I would deal Vemon Berrange, arguably the best for whites only to whom John Vorster with one of his queries after the short cross-examiner of his generation, was had promised that they would be the morning adjournment, he asked what brought in to lead me. He told me that sole recipients of government work. made me think that the matter would cases were won on the preparation Bram Fischer, Gee Kotze and other not have been completed by then. He done in our offices rather than in court. Afrikaners, believing in the impor was not pleased when it went on for He told me how to take a statement tance of a united Bar, made sure that the whole day. The client was acquit from Eli in relation to every frame the proposal was abandoned. ted. By then I felt that if I could stand on the spool in order to show that no There were threats that the owner of up to Judge Malan, I could deal with pictures were taken from ground level the building, the Bar Council, Duma less difficult judges.

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