BAR NEWS

Johannesburg A Chamber for Duma Nokwe By Dirk van Zyl, Taryn Lipschitz and Natasha Simpson, Johannesburg Bar

The bronze bust of Duma Nokwe unveiled at the entrance to Fountain Chambers.

n 5 December 2009, 44 years to Othe day after his arrest on charges of treason, the Johannesburg Bar celebrated the life and contributions of Philemon Pearce Dumasile (Duma) Nokwe (1927-1978), when a bronze bust of Nokwe was unveiled at the entrance to Fountain Chambers, the home of the Duma Nokwe Group of Advocates.

At a Bar where Nokwe was a member, but perseverance in the face of the oppression of for Transformation and the Duma Nokwe could not have a cup of tea in the common justice.’ Group of Advocates, Duma Nokwe’s daugh- room, a bust of Nokwe now stands regally The wonder of an evening where Van ter, Nosizwe, and the Minister of Justice and pensively gazing into the distance. Of the der Linde, in 1981 a ‘troepie’ doing a mili- and Constitutional Development. The guest positioning of the bust, Willem van der Linde tary camp in the then South West Africa, speaker was President . Letters SC, on behalf of the General Council of the and Patric Mtshaulana SC, a young MK on of support were read from Justice Albie Bar of , said the following: the other side, and the group leader of the Sachs, the Legal Aid Board, Deputy President ‘Duma Nokwe is now so positioned that Duma Nokwe Group of Advocates, both paid Kgalema Mothlanthe, former Chief Justice every morning when you come to chambers, homage to Duma Nokwe, was not lost on the Pius Langa and Chief Justice Sandile Ngcobo, you will see him and be reminded of all for long list of legal and political luminaries who Messages from the Johannesburg Bar Council, which he stood – his suffering, his resilience, attended the unveiling. Included amongst George Bizos SC, and former President Nelson and his victory, if only posthumously. these were President Jacob Zuma, former Mandela were read by juniors (Lekoane, But he is also position that his gaze may President , the Minister of Justice Mathabathe, Yacoob, Sello, Karachi, Smit). fall constantly on each of you. From that van- Jeff Radebe, former ministers of the govern- The master of ceremonies was Paul Pretorius tage he will be able to observe whether you ment, mayors, judges, members of the legal SC. are living up to his memory, and whether you fraternity, ambassadors, foreign dignitaries The day celebrated Nokwe’s achievements. are keeping alive his values of independence from neighboring countries and veterans of Nokwe was born in Evaton to a working class and of commitment to the reign of law. the struggle for the liberation. family. He studied at St Peters Secondary School And finally he is so positioned that we, Besides Van der Linde, the other speakers and later completed a BSc degree at Fort Hare your colleagues, not only from the immedi- of the day included Kgomotso Moroka SC, in 1949. He initially became a mathematics ate neighbourhood, but also from far beyond who welcomed the guests, Michael Kuper teacher. However, like many other teachers Johannesburg, will be aware of him; and we SC, who represented the Johannesburg Bar, of his time he was dismissed for his political will be reminded of the values of dignity and Dumisa Ntsebeza SC, on behalf of Advocates involvement in the Defiance Campaign. He

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proceeded to study law at the University of tunity to follow the occupation of his choice. National Party Government and some of his the Witwatersrand where he completed his It was a matter of personal tragedy entirely fellow members of the Bar deeply ingrained studies in 1955. Of this seminal decision to unwarranted and devastating in its effect. his philosophy that he taught his own chil- study law his family related that it flowed from Thirdly, it was an insult and an affront to dren, namely that ‘the hue of a person’s skin his observations and experiences of the plight all those wished to pursue their calling in a is only skin deep and is based on the level of of his people. In his tribute to Nokwe, Bizos shared profession, regardless of colour or melatonin all of which has no effect whatso- noted that, unlike the experiences afforded creed.’ ever on mental capability or physical prowess students of law today, Nokwe could not spend The constitution of the Bar had been and no one should convince you otherwise.’1 sufficient time after the early evening lectures amended on the initiative of Oliver Schreiner Of Nokwe’s practice at the Bar, President in the library because he had to catch the last in the 1930s to allow for non-whites to Zuma related that Nokwe followed in the train at 9:00 pm from Braamfontein Station to become members of the Bar. Despite this, a footsteps of Dr , Nelson Orlando West where he and his wife Tiny lived. small minority of the Bar opposed Nokwe’s Mandela, and many others who She too had been dis- represented a genera- missed because of her tion of the legal frater- non-acceptance of nity who used the law to Bantu education. push the boundaries of Bizos also related what constituted human that, whilst study- rights. ing law, Nokwe did He was arrested on 5 not accept the policy December 1956 and tried nor the decree of the for treason which went dean of the Faculty on until 1961 where he of Law that Nokwe was eventually acquit- and seven other black ted on appeal. At a later students could not stage the State found an attend the law dinner incriminating document because judges, the and he was to be put into Attorney-General and detention without trial. the leaders of the He decided to leave the legal profession would country in exile where he be embarrassed by died at a young age of 50 their presence. In any in 1978, never having event blacks could Former SA President Thabo Mbeki, Minister of Justice and Constitutional Development Jeff Radebe returned to South Africa and President Jacob Zuma at the Duma Nokwe celebration. not attend the func- – his promised land. tion held in a hotel The day was a cel- where alcoholic drinks would be served. The admission. A special general meeting of the ebration of Nokwe’s contribution to creat- dean was forced to change his mind when the Bar was called, at which the minority objected ing the democratic society we live in today. Students’ Representative Council threatened because his occupation of chambers in His In his tribute to Nokwe, Deputy President to withdraw the subsidy of £100 to pay for Majesty’s Building and his entry into the Mothlanthe related the following regarding the professors and the honoured guests! common room would be unlawful according Nokwe’s contribution to the struggle and his Nokwe thereafter qualified to practise to the Group Areas Act. Despite this the Bar exile: as the first black advocate of the Transvaal Council resolved that Nokwe would be wel- ‘What sustained his remarkable contribu- Supreme Court. In his speech Kuper SC comed to the Bar and that all facilities would tions in the struggle against apartheid oppres- referred to the interesting record of corre- be available to him. Thereafter the minority sion was his full appreciation of the need for spondence between Adv Issy Maisels SC, the threatened that should Duma take up his a democratic society based on non-racialism, then chairman of the Bar Council, and Dr HF right to use the common room, they would non-sexism, equality and justice. His exem- Verwoerd, then holding the portfolio desig- notify the Group Areas inspectors and have plary work in the movement has left a legacy nated as Minister of Native Affairs, regarding him arrested. that many have followed. Duma Nokwe left Duma Nokwe’s admission as a member of the Nokwe consulted with the leaders of the behind an ethical message that is inscribed in Johannesburg Bar. Of this correspondence ANC to determine what stance he should take our Constitution which sees no separating line Kuper SC said: and he was advised by that we between the upholding of human rights and ‘The first is to confess a small sense of sat- cannot jeopardise the opportunity to have the rigorous democratic practice. isfaction that the Bar had done its duty and first black member of the Bar for the price of When he left for exile in 1963, he carried moreover it had not just gone through the a cup of tea. As Bizos recounted: with him the hopes of masses of the disenfran- motions; it was clear from the correspondence ‘Black members did not make use of the chised and in western capitals he discharged that the leadership of the Bar felt passionately common room for many years until Sidney effectively his international solidarity work to that a terrible injustice had been perpetrated. Kentridge escorted Ismail Mahomed into the champion a cause of the poor and voiceless. The second, of course, was the depth of common room. The world did not come to an He was a familiar figure and comfortable in the insult and humiliation visited upon Duma end. It was too late for Duma to have that cup both august stages of the United Nations (UN) Nokwe, decent honourable and courageous of tea. He had gone into exile.’ as much as he was at ease in mobilising forces man, who was spitefully denied the oppor- Nokwe’s treatment at the hands of the of resistance in Lusaka.’

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The day was a celebration of what Nokwe advocates of this country. warm word or gesture an omnipresent Father had come to represent regarding the ideals of This Group will only justify its name and its despite his total commitment to the move- the law and its true purpose. President Jacob heritage when it takes up its legitimate por- ment his travels to far off countries on behalf Zuma said: tion in the leadership of the advocates’ pro- of the ANC. Amler’s Precedents of Pleadings, 7th Edition ‘He belonged to a tradition of lawyers who fession and carries the message that this Bar, It was his engaging manner that was Author: LTC Harms fought for democracy. He used his knowledge in this generation, will achieve the ideal for unique about him. The way he always rea- of the law as an instrument to fight for human which the previous generations strove: unity soned in depth and encouraged you to chal- rights. Following in the footsteps of Nelson in the service of justice, a shared tradition of lenge him and challenge issues but to always Mandela, Oliver Tambo, and many others, he moral and professional excellence and a vig- stand for that which is right. The premise that represented a generation of the legal frater- orous independence of mind.’ you cannot argue about something unless you nity who used the law to push boundaries of The day was a celebration of Nokwe’s have researched it and know it thoroughly, what constituted human rights.’ humanity and it was recounted in his family’s then you can begin to articulate your argu- NEW In his speech Michael Kuper said the fol- tribute how: ment such that you convince even the most EDITION lowing regarding the following of Nokwe’s ‘… [w]hen the Soweto uprisings began discerning protagonist.’ legacy at the Bar: and he was so agitated and yet excited By all accounts Nokwe was a man whom ‘In my true belief it is the great virtue of repeatedly stating that “the children had Celus (Digest 1.1.1 pr, 1.) would have Quick and easy guide to questions of the Duma Nokwe Group , and it is the true done it and they were going to change the described as a priest of the law, one who pur- pleadings and causes of action. significance of today’s celebration, that this path of the struggle in a decisive way”. As sued the art of goodness and fairness, who generation of advocates has chosen to learn the young fighters streamed out of the coun- cultivated the virtue of justice and claimed from the bitter lessons of the past and to try to Lusaka I recall him always rushing to awareness of what is good and fair, who was The new edition to this well known title offers legal rededicate itself to the creation of an insti- meet each contingent then writing furiously able to discriminate between what is fair and practitioners, advisers and law students a quick and tution of which both Duma Nokwe and Issy into the night and asking my mother to buy unfair, who was able to distinguish lawful easy guide to pleadings and causes of action. Maisels would have been proud. sweets as he said and I quote “they are but from unlawful and one who lived a philoso- A group that bears the name of Duma children after all and they have been forced phy that was not a sham. The day was a cel- Nokwe does not justify itself if it was simply by the system to forego their childhood in the ebration of Nokwe, the priest of the law, and Causes of action are discussed analytically. Each another group of advocates. A group that quest for a free south Africa. It is only just that that this may rightfully be said of Nokwe he is claim is followed by a plea dealing with a defence bears that name has a special mission to ful- we allow them some part of their childhood attested to by the most striking feature of the directly related to that claim and authorities are cited fill. It is not enough that such a group proudly as we can do that.” day: white and black members of the Bar cel- after each proposition. A wide range of useful sample takes it place in the mainstream of the Bar and We, his children knew him as Daddy, Tata, ebrating the life and contributions of Nokwe precedents are included. includes, as it does, many of the outstanding as the man who always had a smile, a joke a and claiming him as a hero of our Bar. This updated edition: • Includes latest legislation and case law • Contains notes explaining the precedents and succinctly sets out the law as applied by and South African takes silk in Canada developed in the courts Amler’s Precedents of Pleadings • Includes an index, a table of cases and a table of Author: LTC Harms BA LLB, Judge of Former Johannesburg Bar member, Bar I was fortunate to be guided by excellent mentors statutes the Supreme Court of Appeal of South Africa Deputy President of Josef Krüger, has taken silk in such as Fanie Du Plessis SC, Hiram Slomowitz SC, Schalk • Contains sample precedents to assist the busy legal the SCA; Professor Extraordinary Canada. Burger SC, Jeremy Gauntlett SC and Dennis Fine SC. professional with the drafting of pleadings (UFS), LLD(hc) Krüger articled at Fleischacks in Having to re-qualify as a lawyer in Canada at the age ISBN: 9780409045451 Format: Hard Cover Potchefstroom and was admitted of 42 was the hardest thing I have ever done, but with as an attorney in 1983. In the early the challenge also came great satisfaction and reward. 1990s he was a founding member of The members of the Alberta Law Society were very wel- the group formed by Jules Browde coming, and I regard it a privilege to appear in front of SC at National Board House. In 1996 the outstanding Bench which we have in Alberta. For more information, or to order your copy, visit www.lexisnexis.co.za or Krüger joined Group 621. In 1998 he emigrated, joining Being appointed Queen’s Counsel in January 2010 by Howard Mackie, a Canadian law firm in Calgary which the Lieutenant-Governor-in-Council of Alberta is a great call 0860 765 432. subsequently merged with four other firms. He is now honour which I did not imagine possible when I joined a partner at Borden Ladner Gervais LLP in Calgary (the the Law Society of Alberta ten years ago. I ascribe a largest law firm in Canada) and manager of the commer- significant part of my success in Canada to the excellent cial litigation group. He is currently the co-chair of an IBA training and experience I received as a member of the subcommittee on reorganisation and workouts. Johannesburg Bar.’ Krüger says: Josef Krüger is married to Coenie, a music teacher. ‘During my career as a member of the Johannesburg They have three sons and live in Calgary.

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