Date: 23/01/2004
Source: Department of Transport
Title: Omar: Award for lifetime contribution to human rights and democracy
SPEECH BY THE MINISTER OF TRANSPORT, DULLAH OMAR, RECEIVEING AWARD FOR A LIFETIME CONTRIBUTION TO HUMAN RIGHTS AND DEMOCRACY BY THE FOUNDATION FOR HUMAN RIGHTS, DURBAN, 23 January 2004
Director of Ceremonies
Your Excellencies
Madam Speaker
Your Lordships
Distinguished Representatives of International Human Rights Institutions
Members of the Legal Profession
NGOs
Friends and Compatriots
I apologise for my inability to be with you today. Failing health precludes me from travelling from Cape Town to Durban. I asked the organisers for permission to allow my son, Kemal Omar, to receive the award on my behalf, to which you very kindly agreed.
In my discussion with Ms Yasmin Sooka, Director of the Human Rights Foundation, I suggested that in view of my current situation, I not make any speech.
Ms Sooka suggested that I do make some remarks, which can be read on my behalf. I am making these remarks on that basis and I thank you for your patience.
Above all, I express deep appreciation for this prestigious award and I hope that your choice will be fully justified by my work and contribution.
I have looked at the programme of your conference. What a programme! What a conference! What an array of speakers! My remarks become almost irrelevant.
Speaking as I do, from a hospital bed, to which I have been confined for more than four weeks, I am in an extremely subjective state of mind. I think my remarks will reflect this, but since you have given me the privilege of making some remarks, I make them for whatever they are worth.
I want to make a call to this conference and to all South Africans, including myself and other Cabinet colleagues, politicians, civil society organisations, NGOs, trade unions, women and youth organisations. I do so because I believe that to make rapid progress in transforming South Africa, we need to work in partnership.
Before I make the call, allow me to mention two incidents drawn from my history (since you have been talking about me), but again I ask you to bear in mind my current frailty, which makes me very subjective. The first incident is in the early 1960's, shortly after I had commenced practice at 52 Caledon Street in District Six. One cold, wet Cape winter evening, I locked my office, which was situated at the top of a rickety staircase on the 2nd floor and walked down to the ground floor to lock the ground floor door. As I was locking the door, I noticed that a 'coloured' woman with a little girl - both of them drenched from the rain - stood there as if waiting for something. I asked the lady what she wanted; she said that she had come to see the lawyer. She left Malmesbury in the morning, managed to get some lifts, and had just arrived. They were both drenched, as I said. I asked her what it was about and she told me that her husband had been working on a farm in Malmesbury and they were living there with him. He had managed to get a job on another farm. The farmer (new employer) had agreed to allow him to have his children with him as well. His contract with his current employer was coming to an end and he therefore went to speak to his employer to tell him that he would be moving to another farm. The farmer promptly called the police and had him arrested. The farmer and the station commander, who were together at the police station, told this poor worker that during the period of his employment a number of sheep had disappeared.
Accordingly, he was being charged with theft of the sheep. This would give him many years in prison. He was told that he could avoid such a fate by signing a paper that he would continue to work for the farmer. In the meanwhile this worker had gathered some courage and refused to sign the paper. At the police station, the station commander and others tried to persuade him to sign a paper that he would continue to work for the farmer. A coloured policeman gave the woman my address in Cape Town and told her to see me. She then set out on her journey to Cape Town. I re-opened my office and telephoned the coloured policeman, who was clearly afraid to talk, but managed to give me some details. I then telephoned the station commander. I informed him who I was. He said that "ek weet nie van so 'n prokureur met die van van Omar nie". I nonetheless tried to explain why I was phoning, until the station commander put down the phone on me. In my office I dictated a letter to the station commander, asking him to release the farm worker without delay. I got her to Cape Town Station, which was not very far, and told her to hand the letter to the station commander. Later the next day I heard that the worker had been released. I was also informed that the man and his family went to the new employer. The new employer was very angry - saying that he was not prepared to employ a "parmantige hotnot". He was told to leave this new farm. Cutting a long story short, this worker went back to his former employer, cap in hand to resume working for that farmer.
The second incident relates to rural peasants in the Transkei who had been forced through pass laws, toll tax and other measures to leave Transkei to seek work. They were then channelled to those farms and factories where their labour was required.
In the early 1960's, even after their banning, the ANC and PAC continued to mobilise. The PAC was particularly active in Paarl. Suddenly hardly without any notice the so-called Paarl riots (the Poqo uprising) exploded on the South African scene. These poor migrant workers had had enough. They marched through Paarl in large numbers. In the process 2 or 3 people were killed. Hundreds were arrested. About 125 persons eventually faced charges in court. While they were in prison awaiting trial, the so-called sabotage law was passed and made applicable with retrospective effect. I had been called earlier to defend those who had been arrested, which I agreed to do. I managed to get the services of the late Adv. Ben Kies. Adv. Kies, myself and an African clerk working with me informed the team to defend the first sabotage trial in South Africa.
In the meanwhile, in hundreds of parts of the country large numbers of people had been arrested. They managed to secure lawyers with the assistance of Defence and Aid. I also applied for assistance, but was told by Defence and Aid that it cannot defend those who had participated in murder. I was asked to separate those who had participated in the killing from those who did not so participate. I rejected this condition. The request for funds was turned down. Our three-person team was able to make headway in completing the trial of the first 25. Because my practice was on the verge of collapse, I had to withdraw from the defence of the other approximately 100 persons. The 100 persons refused to accept the services of another lawyer. I and the late Adv. Kies went to see them and persuaded them to accept Pro Deo counsel. This they did and so Pro Deo counsel represented the rest of the accused. Each of the five trials lasted about one month. I still remember Adv. Clive Rogers as Pro Deo counsel, who put his heart into the case.
Why am I mentioning these two incidents? Am I not harping on the past unnecessarily? Am I being bitter? In fact I want to assure you that I bear no grudge and I bear no bitterness of any kind. I am too excited about the fact that South Africa has changed and that we now live in a much better place than we did in those years. The new South Africa has many faults and challenges, but it has brought a new life and a new future for all South Africans. We have made exciting changes. Speakers at conference have no doubt covered many good things and weaknesses of the past 10 years. Others will do the same after this evening. For farm workers, a new legal framework has been created. The Labour Relations Act applies to farm workers for the first time in South Africa's history.
They give workers real legal protection to organise, to protest, to strike and to combine with other unions without fear of dismissal or prosecution. Laws make provision for minimum wages and minimum conditions of service. There are provisions for speedy remedy. Many workers have taken advantage of that law. Farm workers benefit from these laws. I have mentioned these two incidents because regrettably, despite many changes that have taken place, there are large chunks of South Africa's rural areas that have not changed very much. In the same way that we say that South Africa cannot be truly free until its women are free, we must also say that without the freedom of the poor in the rural areas, our freedom will remain incomplete. So my call is a very simple one and it relates to the rural poor, about whom I have been speaking. But before I conclude with the call, I must never forget that I am in South Africa and when I make a general statement, one must hasten to mention the exception, otherwise one is misunderstood. Like the times when we said that we were anti-white domination and it was interpreted to mean we were anti-white. So I do acknowledge that on a number of farms, changes have taken place and are taking place, but I am afraid that large islands of misery remain.
I conclude with the call "let us together liberate our rural poor from bondage".
Thank you for your kind patience. Thank you once again for the prestigious award.
Issued by: Department of Transport
23 January 2004
Source: Department of Transport
Title: Omar: Award for lifetime contribution to human rights and democracy
SPEECH BY THE MINISTER OF TRANSPORT, DULLAH OMAR, RECEIVEING AWARD FOR A LIFETIME CONTRIBUTION TO HUMAN RIGHTS AND DEMOCRACY BY THE FOUNDATION FOR HUMAN RIGHTS, DURBAN, 23 January 2004
Director of Ceremonies
Your Excellencies
Madam Speaker
Your Lordships
Distinguished Representatives of International Human Rights Institutions
Members of the Legal Profession
NGOs
Friends and Compatriots
I apologise for my inability to be with you today. Failing health precludes me from travelling from Cape Town to Durban. I asked the organisers for permission to allow my son, Kemal Omar, to receive the award on my behalf, to which you very kindly agreed.
In my discussion with Ms Yasmin Sooka, Director of the Human Rights Foundation, I suggested that in view of my current situation, I not make any speech.
Ms Sooka suggested that I do make some remarks, which can be read on my behalf. I am making these remarks on that basis and I thank you for your patience.
Above all, I express deep appreciation for this prestigious award and I hope that your choice will be fully justified by my work and contribution.
I have looked at the programme of your conference. What a programme! What a conference! What an array of speakers! My remarks become almost irrelevant.
Speaking as I do, from a hospital bed, to which I have been confined for more than four weeks, I am in an extremely subjective state of mind. I think my remarks will reflect this, but since you have given me the privilege of making some remarks, I make them for whatever they are worth.
I want to make a call to this conference and to all South Africans, including myself and other Cabinet colleagues, politicians, civil society organisations, NGOs, trade unions, women and youth organisations. I do so because I believe that to make rapid progress in transforming South Africa, we need to work in partnership.
Before I make the call, allow me to mention two incidents drawn from my history (since you have been talking about me), but again I ask you to bear in mind my current frailty, which makes me very subjective. The first incident is in the early 1960's, shortly after I had commenced practice at 52 Caledon Street in District Six. One cold, wet Cape winter evening, I locked my office, which was situated at the top of a rickety staircase on the 2nd floor and walked down to the ground floor to lock the ground floor door. As I was locking the door, I noticed that a 'coloured' woman with a little girl - both of them drenched from the rain - stood there as if waiting for something. I asked the lady what she wanted; she said that she had come to see the lawyer. She left Malmesbury in the morning, managed to get some lifts, and had just arrived. They were both drenched, as I said. I asked her what it was about and she told me that her husband had been working on a farm in Malmesbury and they were living there with him. He had managed to get a job on another farm. The farmer (new employer) had agreed to allow him to have his children with him as well. His contract with his current employer was coming to an end and he therefore went to speak to his employer to tell him that he would be moving to another farm. The farmer promptly called the police and had him arrested. The farmer and the station commander, who were together at the police station, told this poor worker that during the period of his employment a number of sheep had disappeared.
Accordingly, he was being charged with theft of the sheep. This would give him many years in prison. He was told that he could avoid such a fate by signing a paper that he would continue to work for the farmer. In the meanwhile this worker had gathered some courage and refused to sign the paper. At the police station, the station commander and others tried to persuade him to sign a paper that he would continue to work for the farmer. A coloured policeman gave the woman my address in Cape Town and told her to see me. She then set out on her journey to Cape Town. I re-opened my office and telephoned the coloured policeman, who was clearly afraid to talk, but managed to give me some details. I then telephoned the station commander. I informed him who I was. He said that "ek weet nie van so 'n prokureur met die van van Omar nie". I nonetheless tried to explain why I was phoning, until the station commander put down the phone on me. In my office I dictated a letter to the station commander, asking him to release the farm worker without delay. I got her to Cape Town Station, which was not very far, and told her to hand the letter to the station commander. Later the next day I heard that the worker had been released. I was also informed that the man and his family went to the new employer. The new employer was very angry - saying that he was not prepared to employ a "parmantige hotnot". He was told to leave this new farm. Cutting a long story short, this worker went back to his former employer, cap in hand to resume working for that farmer.
The second incident relates to rural peasants in the Transkei who had been forced through pass laws, toll tax and other measures to leave Transkei to seek work. They were then channelled to those farms and factories where their labour was required.
In the early 1960's, even after their banning, the ANC and PAC continued to mobilise. The PAC was particularly active in Paarl. Suddenly hardly without any notice the so-called Paarl riots (the Poqo uprising) exploded on the South African scene. These poor migrant workers had had enough. They marched through Paarl in large numbers. In the process 2 or 3 people were killed. Hundreds were arrested. About 125 persons eventually faced charges in court. While they were in prison awaiting trial, the so-called sabotage law was passed and made applicable with retrospective effect. I had been called earlier to defend those who had been arrested, which I agreed to do. I managed to get the services of the late Adv. Ben Kies. Adv. Kies, myself and an African clerk working with me informed the team to defend the first sabotage trial in South Africa.
In the meanwhile, in hundreds of parts of the country large numbers of people had been arrested. They managed to secure lawyers with the assistance of Defence and Aid. I also applied for assistance, but was told by Defence and Aid that it cannot defend those who had participated in murder. I was asked to separate those who had participated in the killing from those who did not so participate. I rejected this condition. The request for funds was turned down. Our three-person team was able to make headway in completing the trial of the first 25. Because my practice was on the verge of collapse, I had to withdraw from the defence of the other approximately 100 persons. The 100 persons refused to accept the services of another lawyer. I and the late Adv. Kies went to see them and persuaded them to accept Pro Deo counsel. This they did and so Pro Deo counsel represented the rest of the accused. Each of the five trials lasted about one month. I still remember Adv. Clive Rogers as Pro Deo counsel, who put his heart into the case.
Why am I mentioning these two incidents? Am I not harping on the past unnecessarily? Am I being bitter? In fact I want to assure you that I bear no grudge and I bear no bitterness of any kind. I am too excited about the fact that South Africa has changed and that we now live in a much better place than we did in those years. The new South Africa has many faults and challenges, but it has brought a new life and a new future for all South Africans. We have made exciting changes. Speakers at conference have no doubt covered many good things and weaknesses of the past 10 years. Others will do the same after this evening. For farm workers, a new legal framework has been created. The Labour Relations Act applies to farm workers for the first time in South Africa's history.
They give workers real legal protection to organise, to protest, to strike and to combine with other unions without fear of dismissal or prosecution. Laws make provision for minimum wages and minimum conditions of service. There are provisions for speedy remedy. Many workers have taken advantage of that law. Farm workers benefit from these laws. I have mentioned these two incidents because regrettably, despite many changes that have taken place, there are large chunks of South Africa's rural areas that have not changed very much. In the same way that we say that South Africa cannot be truly free until its women are free, we must also say that without the freedom of the poor in the rural areas, our freedom will remain incomplete. So my call is a very simple one and it relates to the rural poor, about whom I have been speaking. But before I conclude with the call, I must never forget that I am in South Africa and when I make a general statement, one must hasten to mention the exception, otherwise one is misunderstood. Like the times when we said that we were anti-white domination and it was interpreted to mean we were anti-white. So I do acknowledge that on a number of farms, changes have taken place and are taking place, but I am afraid that large islands of misery remain.
I conclude with the call "let us together liberate our rural poor from bondage".
Thank you for your kind patience. Thank you once again for the prestigious award.
Issued by: Department of Transport
23 January 2004
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