SACP: Fischer decision welcomed

2003-10-16 14:39

Johannesburg - The South African Communist Party (SACP) has "warmly" welcomed the High Court's decision on Thursday to posthumously reinstate Advocate Abram Fischer to the roll of advocates.

SACP spokesperson Mazibuko Kanyiso Jara said: "His (Fischer's) reinstatement is a recognition of the role he played as a communist in the struggle against apartheid."

"Fischer was born in into a powerful Afrikaner family in the Free State in 1908. He had all the benefits of apartheid but he followed his conscience. He sacrificed wealth, fame, comfort, high position and a privileged life," Jara said.

Fischer, a former Communist Party leader, was struck off the roll in 1965 for conduct "unbefitting a member of the Bar and the Society" after he skipped bail during his trial on charges of contravening the Suppression of Communism Act of 1950.

The anti-apartheid activist, who died in 1975, was re-instated to the Roll of Advocates by a full Bench of the Johannesburg High Court. Sitting were Judge President Bernard Ngoepe, sitting with Judge Surietta Snyders and Judge Nathan Ponan.

Chair of the General Council of the Bar Willem van der Linde said the ruling was unique in that the court was composed of judges who, by virtue of their race or gender, would not have been appointed in the days when Fischer was active.

Fischer was welcomed back into the fraternity through the Reinstatement of Enrolment of Deceased Legal Practitioners Act, also called the "Bram Fischer Act", which was passed on November 6 last year to allow for the posthumous reinstatement of practitioners involved in the fight against apartheid.

His was the first case to be heard in terms of the act..

Van der Linde said the application had been brought by Fischer's daughters, Ruth and Ilse, but only Isle was in court to hear the historic ruling.

- SAPA