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2004 Sydney and Felicia Kentridge Award GCB NEWS 2004 Sydney and Felicia Kentridge the time, George Bizos was a young advocate, who had escaped from Greece Award in a boat with his father during the Nazi occupation, and whom Vernon Berrange had taken on as something At a dinner function sponsored by Nedcor on 5 November 2004, of a protege. Described as rotund in the General Council of the Bar of South Africa presented George form and gregariously expansive in Bizos SC, of the Johannesburg Bar, with the annual Sydney and manner, Bizos had, in his few short Felicia Kentridge Award for Service to Law in Southern Africa. years at the Johannesburg Bar, taken on more political trials than virtually anyone else. (His reason for doing so, Norman Arendse SC, chair of the days of apartheid when he sought to he indicated later, was simply that he GCB, paid tribute to George Bizos SC uncover the state's role in eliminating its was a 'democrat' - the merest glint as follows: opponents. It is the tale of Steve Biko, in his eye suggesting that for anyone Ismail Timol and Neil Aggett, who he Sydney and Felicia Kentridge with an ancient Greek heritage, it was were arrested and died in detention, and Award for Service to Law in a natural enough phenomenon!) Bizos' others like Mathew Goniwe, who were TSouthern Africa is made annually first association with Bram had been abducted and killed. As counsel for the to a person or persons, or to an institu­ when the latter had invited him to assist families of the deceased, Bizos was cen­ tion, adjudged by the selection commit­ Berrange in defending Eli Weinberg, trally involved in many of the inquests tee to have made an outstanding contri­ who (though banned) had photographed following these high-profile deaths. His bution to law, worthy of public recogni­ a meeting in Freedom Square in account is testimony to his devastating tion, in Southern Africa. The selection Sophiatown from the roof of an adjacent skill and general forensic brilliance. It is committee comprises the Chief Justice, shack. The successful argument which an account of the searching-out of evi­ Professor Michael Katz on behalf of Bizos developed was to suggest that dence in the face of obstructive author­ N edcor, and the chair of the General Weinberg had not contravened his ity, the cross-examination of police wit­ Council of the Bar of South Africa, in banning restriction by being present at nesses, and the building-up of each consultation with Sir Sydney and Lady the meeting; on the contrary, he had case.3 In his foreword to the book, Sir Felicia Kentridge. been 'conspicuously absent'. (Of course, Sydney Kentridge QC writes: 'My only Former recipients of this prestigious the other members of the Rivonia trial criticism of the author is that he consist­ award include the late Chief Justice defence team were Arthur Chaskalson ently underplays his own remarkable Ismail Mahomed, Chief Justice Arthur and Vernon Berrange.) skill, persistence and courage in the face Chaskalson, former Land Claims of an often hostile Court and an always It was a trial which changed the lives of Commissioner Dr Wallace Mgoqi and hostile establishment. No-one did more the cohort of young men who had had former Constitutional Court Judge than this great advocate to keep alive the the courage and presence to undertake Johann Kriegler. ideal of justice in South Africa's darkest it. Over the course of more than three George Bizos SC) indeed deserves the times.' decades, George Bizos has participated honour bestowed upon him this eve­ in many political trials - frequently There is no doubt that this compelling ning - in fact it is perhaps overdue. He conducted under even darker conditions work is, as the late Dullah Omar, the continues to stride across the Southern of autocracy than those that affected first Minister of Justice in our new African legal landscape like a colossus the Rivonia proceedings - from many democracy, said: 'A timely reminder in his continued and relentless search of which his clients emerged with that without truth there is no justice.' for justice and accountability. He con­ some margin of humanity and justice tinues to inspire, not only lawyers, but Throughout his career George Bizos redeemed. Ultimately, Bizos (and the also the general public with his passion, has confronted human concerns, be they others involved in the Rivonia trial) has commitment, dedication, and empathy as a result of torture, death in detention, for the downtrodden, the disadvantaged, murder by death squad, or the forced the underprivileged, and the poor. removal of the homeless, with courage, This commitment is embodied in his conviction, and dedication. Few would work for the Legal Resources Centre. In argue with the statement made by our so doing, he has deliberately and inten­ current Chief Justice that no South tionally shunned the allure of a lucrative African lawyer did more to challenge practice. For George Bizos, however, the abuse of power by the security forces there is nothing more lucrative (and under apartheid than George Bizos. satisfying) than to represent effectively Because of the entangled political and a person or group of persons abused by legal dynamics, even some of those on those in authority. His exploits in this the defence team in the Rivonia Trial or regard are captured in his book No-One directly involved in it, were not fully to Blame? - In Pursuit of Justice in apprised of how it had happened. Not 2 South Africa. everyone knew that Bram Fischer would The book is an account of how George be involved in the case - including Kessie Naidoo se, master of ceremonies at Bizos acted with distinction in the dark former President Nelson Mandela.4 At the Kentridge Awardfunction. 6 ADVOCATE April 2004 GCB NEWS had the rare experience of historical vindication: living to see the justice they had defended established in the eyes of the world, and a new beginning in South Africa. They were all transformed by their connections with the accused, and with Bram Fischer; in the words of the author of the book, Bram Fischer Afrikaner Revolutionary, 'Of them all it was only Bram who never had that experience, who never came back'. 5 Over many years, George Bizos has been recognised as a brilliant strategist. Indeed, during the strategic planning stages of the Rivonia trial, Bizos was instrumental in the defence team's deciding that Nelson Mandela should not give evidence as a witness, but George Bizos SC receiving the Sydney and Felicia Kentridge Award with Deputy ChiefJustice instead should address the court from Pi us Langa and Norman Arendse SC applauding. the dock. This meant that his testimony, unchallenged by the prosecution, fighting injustice and oppression, to the goes George Bizos, the human rights would be less convincing in judicial extent that he has. lawyer.' terms, but it had been a desirable This is what a former LRC intern (now He has been, for generations of law option for a number of reasons. The practising at the Johannesburg Bar) students and lawyers, an inspiration for, most important reason was that it had related to me: 'The most inspiring and a role model of, the kind of lawyer been necessary for at least one of the thing about working with George was that they aspire to become; a symbol accused to outline, without any attack observing his willingness to fight losing of the good that inspired advocacy can or maligning from Yutar, just what cases. Where other counsel would not achieve. the commitment of those in the dock touch cases because the prospects of was about, and there could be no­ success were so poor, George would be For those who have practised at the one better to do it than Mandela. He completely unfazed. In fact, quite the Bar, we take it as an article of faith would speak, as Bizos put it, 'in a loud contrary - George appeared to relish in that we are, at all times, required to and clear voice', unapologetically and coming to the assistance of poor clients act seriously and independently. That openly. This was a Socratic defence, who seemed to have very little hope of obligation is enshrined in clause 3.1 an apologia of a different kind: Bizos, vindicating their rights. Remarkably, of the Uniform Rules of Professional with his Greek background, had a if there was a way to win a losing case Ethics in the following terms: special feel for the classical resonance. - George would find it. He gives new 'According to the best traditions of the Everyone knew that, in a literal sense, meaning to the phrase "where there is Bar, an advocate should, while acting it would be the speech of Mandela's a will" ... His legal acumen and sheer with all due courtesy to the tribunal life.6 (Of course, as only George Bizos ingenuity seems to be spurred on by before which he/she is appearing, could do, he had found out from a his determination to bring justice to furiously uphold the interests of his/her source that the death sentence would the poor and marginalised ... There client without regard to any unpleasant not in fact be imposed, and that Rusty are a dozen other things that stand consequences either to himself or to Bernstein would be acquitted. When out about George: his unforgettable any person.' asked by Bram Fischer how he had salads; his many, many anecdotes; his George Bizos is the embodiment of known, Bizos said that, a week before love of his culture; and his willingness this tradition.
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