The Constitutional Court has heard an application by My Vote Counts (MVC) asking the court…
My personal tribute to her is best cast in what Comrade Harry Gwala, another martyr of our heroic struggle, taught to young cadres and political prisoners on Robben Island. That included the president of the Republic and me. I was one of those who sat at the feet of this self-proclaimed Stalinist and master of the revolution. I do not recall who he attributed the quote to but the revolutionary mantra stayed with me: I have expunged reference to “man” for “woman”
“A woman’s greatest possession is life. Since it is given to her to live but once, she must so live it that in dying she must be able to say: all my life and all my strength have been dedicated to the finest cause in the world and that is the liberation of mankind.”
Enough said about the revolution and its poetry. The agonising question I have chosen to ask is in what way the heroic life of Ruth First should inspire my role as a judge in a post-conflict society; thus a transforming society or one in transition. I propose to explore that question within the overarching theme of courage of principle.
The Kempton Park Settlement was and remains a flawed settlement because it was based on the interpretation of the National Question not as that of settler colonialism or a colonialism of a special type. It conflated the struggle for national self-determination and independence to that of democratisation. Having reduced the National Question to that of democratisation, serious compromises were made on fundamental issues of the land and by extension the property clauses that guaranteed the retention of ill gotten gains by the white minority and rendered the question of nationalisation a mere restitution case based on willing buyer and willing seller. In short the Kliptown Charter vision of Nationalisation was thrown out of the window at Kempton Park. Thus leaving control of mining and land in the hands of the white minority, with very little room to make necessary and required radical changes.