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Moipone Martha Motlhakwana: "Motabola Pasa’s" footprints in the Free State Liberation Struggle

31 August 2020 | Story Dr Chitja Twala

In the 1940s, the then (Orange) Free State produced a crop of female leaders whose role in the liberation struggle is unknown – or rather, for whatever reason – ‘neglected’. Among these leaders was one Moipone Martha Motlhakwana. Testimony to the above was an article published by the Mail and Guardian on 25 August 2016 under the heading 60 Iconic Women – The people behind the 1956 Women’s March to Pretoria. In this article, only four lines are dedicated to her, contrary to what has been written about other leaders, such as Lilian Ngoyi, Lizzy Abrahams, Lucy Mvubelo, and many others. This is an indication of the possible ‘neglect’ in highlighting the role played by other women in places such as the Free State. In this article, I argue that Motlhakwana’s role in the liberation struggle was by no means minimal, compared to the leaders mentioned above.

When one evaluates her role and contribution to the struggle, it is important to always keep in mind the context of the time and the scope of possibilities that were available to the liberation movements. This article briefly examines her role at a crucial time when Motlhakwana’s beloved movement, the African National Congress (ANC), is experiencing its most difficult and trying times since coming to power in 1994.

The Defiance Campaign

Motlhakwana was born into the Makabane family in Leqwala in the Thaba Nchu district on 23 December 1906. She was a devoted Christian. Being a Christian did not prevent her from participating fully in politics. Long before the 1956 anti-pass march, Motlhakwana was instrumental in organising the 1952 Defiance Campaign in Bloemfontein. Meetings for organising this campaign were held in an open space where the Paradise Hall in Bochabela Location in Bloemfontein is situated today. She led a women’s support group demanding the release of those arrested and jailed in the Ramkraal Prison in Bloemfontein. It became known to the Special Branch that her house was, at the time, used as the ANCWL’s ‘headquarters’ in town; therefore, the house was monitored and kept under police surveillance.

Motlhakwana also participated in the 1956 anti-mass march to Pretoria. In the Bloemfontein area, she mobilised people in the burning of passes. Her fearless organising strategies earned her a nickname in the community as Motabola Pasa or Mochesa Pasa (the one instrumental in tearing of the dompas or the one burning the passes). She was among the people who were arrested and detained during the Treason Trial. After being acquitted, she was placed under house arrest. Together with her friend in the struggle, Pretty Molatole, they were involved in establishing the ANCWL in Bloemfontein. Most of the league’s meetings were held at Motlhakwana’s place. She used to travel around the province to establish ANCWL branches in places such as Bethlehem, Ficksburg, and Thaba Nchu, to name a few. It was during this period in the mid-1950s that she worked closely with the leaders of the ANC in Bloemfontein, such as Jacob B Mafora, Caleb Motshabi, and Leslie Monnenyane.

In her honour

In honour of her contribution to the liberation struggle in South Africa and not only in the Free State, a tombstone was unveiled at the Phahameng Cemetery, adjacent to the Heroes’ Acre, on Thursday 5 January 2012; this unveiling coincided with the centenary celebrations of the ANC as the oldest liberation movement in Africa. Addressing the masses during the unveiling of the tombstone, the Chairperson of the ANCWL in the Free State and the current Premier, Sisi Ntombela, stated: “Most people have the concept that the anti-pass march started in Johannesburg in 1956, but that is not the case because the first march was started in the province by women such as Motlhakwana and Mei Likotsi and others who were leaders at the time, and mobilised the women for the march. As we unveiled the Motlhakwana tombstone, we also discovered that her grandchildren have kept the passes of those women whom she organised at that time. She made sure that women were developed, not only in politics but also in trade unionism. The Free State is the centre where everything started; this year [2012] is the ANC Centenary, but next year we will be holding the ANCWL Centenary for the Free State women.”

Owing to illness, Motlhakwana passed away on Thursday 27 July 1989. She was buried in the Phahameng ‘Magengenene’ Cemetery in Bloemfontein, not far from the Heroes’ Acre.

There are many women of Motlhakwana’s political stature in the Free State, whose histories should be documented in the form of biographies.

News Archive

The failure of the law

2004-06-04

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

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