Anti-apartheid lawyer finally recognised

By Carolyn Dempster
BBC, Johannesburg

In an historic ruling, a full bench of South Africa's high court has posthumously reinstated Abram Fischer, a leading member of the communist party, to the roll of advocates.

"Bram" Fischer led the defence at the Rivonia Trial

The ruling comes almost 40 years after Fischer was struck off the roll because of his anti-apartheid convictions.

"Bram" Fischer gave up his life as a queen's counsel, chairman of the Johannesburg Bar Council, and a privileged white Afrikaner to follow his conscience in his struggle against apartheid.

He led the defence in a number of prominent political trials, including the Rivonia Trial during which former President Nelson Mandela was sentenced to life imprisonment.

Fischer was a former leader of the then banned South African Communist Party and in 1965 decided to go underground to continue the fight against the evils of apartheid.

In a letter to his lawyer at the time, he said: "I can no longer serve justice in the way I have attempted to do during the past 30 years. I can only do it in the way I have now chosen".

Hunted down

His punishment was to be struck off the advocates' roll, for unprofessional conduct, after he jumped bail during his trial under the Suppression of Communism Act.

He was subsequently hunted down, and sentenced to life imprisonment.

He spent the rest of his life in prison, apart from his last few months, when, already dying from cancer, he was released into his brother's care.

It has taken almost 40 years for Bram Fischer's good name to be officially recognised and his status restored and for the Johannesburg Bar Council to offer a full apology to Fischer's family.

The ruling by the full bench of the Johannesburg High Court is the first under a new law which was promulgated last year specifically for the purpose of reinstating certain deceased legal practitioners.

Almost immediately it became known as the "Bram Fischer Act" .

Fischer's daughters, Ilse Wilson and Ruth Rice applied to have their father reinstated but only Ilse was in court to hear what she described as "a moving ceremony in the true spirit of reconciliation, rather than a court case".