Yesterday, in the city of Cape Town, one had the privilege to participate in the third leg of the launch of a book entitled: “The lighter side of life on Robben Island.”
It is published by former political prisoners via their company, Makana Investments, with the assistance of media writers including Paddy Happer, Gugu Kunene and Fred Khumalo.
This book responds to calls which were made by several political leaders on Robben Island notably Govan Mbeki who always urged comrades to write, as the written word carries more weight.
The book is appropriate in bringing forward the lighter side of life on that island of the damned. However, as is well documented, there was the other side, the harsher side of life experienced by those who went through the dungeons.
This is so because the system of law in our country at that time had failed us, had relegated millions of South Africans to the back waters of life. It is noteworthy that during those trying times many members of the legal fraternity took a stand and stood side by side with other freedom fighters in the quest for democracy and justice. We count amongst them celebrated legal eagles including advocate Braam Fisher, Sidney Kentridge, Griffiths and Victoria Mxenge, Ernest Wentzel, Issy Maisels, or Tambo, George Bizos, Nelson Mandela, Joe Slovo, Duma Nokwe, Joel Joffy, Jeff Budlander, Dennis Kuny, Pius Langa, Ishmael Mohamed our first Chief Justice, Arthur Chaskalson the first President of the Constitutional Court and last but not least Dullar Omar the first Minister of Justice of democratic South Africa.
Nevertheless, although today we live in a democratic society premised upon the rule of law, where the constitution of our country with a bill of rights is supreme, legal activism should remain as relevant as it always has been. Legal practitioners can never take a vacation, let alone retirement, from the responsibilities of ensuring that good governance and good law has steadfast proponents and defenders. Likewise the constitutional court is without any argument the final arbiter as regards the interpretation of the constitution.
This crucial point needs to be reiterated over and over and over again as a reminder to all and sundry, particularly nowadays in the climate of on-going tensions within society in respect of individual rights, social rights, the powers of legislators, the authority of the executive and the independence of the judiciary.
Although such tensions in a democracy should be seen as healthy and indeed necessary towards the realisation of better and concrete ideas for the qualitative advancement of society, such tensions should nevertheless be accompanied by maturity; and be without any threats, intimidation and violence. Ours is a constitutional democracy where all enjoy the freedom to exercise their rights. Therefore there ought to be no prevarication about this fundamental principle. As Nelson Mandela puts it in his celebrated work, Long Walk to Freedom: “with freedom comes responsibility”
The governing party, the African National Congress, as part of its centenary celebrations has designated each month since January of this year in recognition of all its presidents. This month, November, is dedicated to President Thabo Mvuyelwa Mbeki who, as the keynote speaker at your 2011 Annual General Meeting (AGM) stated the following in a paper entitled: “International law and the future of Africa”
“As South Africans we waged a protracted and costly struggle amongst others, to assert the primacy of the rule of law and to establish a law governed society founded on respect for justice in all its forms.
In this regard, we sought to liberate ourselves from arbitrary rule and injustice and therefore the ineluctably negative consequences of the implementation of the principle that “might is right”.
It therefore stands to reason that in our country we have a fundamental obligation to defend and advance the rule of law and the attendant justice” This statement by president Mbeki can never be more emphasised and more relevant today than ever.
Central to this year’s AGM agenda is your deliberations upon the Legal Practice Bill which is sponsored on behalf of government by the minister of justice. It is important to keep in mind that whilst there may be differences of views in the debate around this Bill, attention needs to be paid, in line with constitutional imperatives, to the overall positive spirit of the Bill.
In this respect, of particular importance is clause 5(a) which states the objective of “the realisation of the goal of a transformed and restructured legal profession that is unified, accountable, efficient and independent”
The legal fraternity as an association of law practitioners is seen as a pool from which members of the bench are chosen; indeed it is a feeder profession to the judiciary. Future judges and appointees to commissions, tribunals and so on are often selected from this fraternity.
Therefore it is imperative that members of the fraternity should be equal to the challenge posed by rule 89 of the Law Society which enjoins “members not to make themselves guilty of unprofessional, dishonorable and unworthy conduct,” as the effects of such conduct may affect the upward mobility of the persons concerned when they have to be considered for higher office.
The same can be said of such members harboring prejudices which are difficult to unlearn. Unfortunately prejudices may follow a particular member into high office and as such disempowering him or her from becoming a good judicial officer, something detrimental both to the bench, the administration of justice and the quality judgments.
Regarding the aspect of transformation with specific emphasis upon non-racialism, it is noteworthy that although efforts have been undertaken by the legal fraternity to create one legal profession and one law society, greater endeavours still require to be pursued to achieve maximum unity in contrast to percentages allocated to statutory and non-statutory components of the law society.
Therefore it is desirable for (Nadel) National Association of Democratic Lawyers and the (BLA) Black lawyers Association to be even more united as this will go a long way towards the realisation of the overall unity of the legal profession.
It is pleasing and appropriate that, amongst others, some of the items on the agenda of this AGM will be the small claims courts and most importantly community service. This is the legal terrain where many poor people may derive greater legal benefit.
Furthermore the question of encouraging, supporting and assisting in programmes to attract, train and mentor young entrants into the legal profession is crucial as part of community service and transformation.
This should be treated with the appropriate seriousness to avoid the criticisms that some few new young entrants are not adequately trained to match the exacting standards of the profession.
It is inescapable to make a comment about the need for justice to be seen to be accessible to the common man – to ordinary citizens who may not have the means. Justice should not be seen to favor mainly those citizens who have deep pockets or long cheque books. The danger is that the majority may lose confidence not only in the administration of justice but the rule of law itself.
For this reason the decision by the Department of Justice to reverse its earlier stance not to provide financial and other logistical support to the families in the Marikana massacre tragedy is commendable.
This is in the interest of ensuring that the families concerned are there to see to it that not only is justice done but it is seen to be done irrespective of the outcome of the commission.
To conclude our country faces many problems which are located within the political and socio-economic environment. The government has identified the triple challenges of poverty, unemployment and inequity. Citizens in several communities are increasingly continuing to express their frustrations by taking matters into their hands and thus acting unlawfully. Furthermore, increasingly, working people since Marikana are engaging in wild cat strikes to the detriment of the hard won victories associated with the collective labor bargaining system. This new trend if it continues at this rate would pose a serious risk and should be a source of worry to all concerned. Although we live in a world of many countries, out there in the world there is no country whose vision and mission is to solve our problems for us. We cannot outsource our difficulties, only we South African as a collective should find common and lasting solutions. We have the people, the will and the goodwill to do so.
It is hoped that this, your AGM of the law society of the Northern Provinces will in its deliberations find time to reflect upon the bigger challenges at hand.
Best wishes and success for your AGM
I thank you
