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26 April 2021 | Story Prof Chitja Twala | Photo Sonia Small
Prof Chita Twala
Prof Chitja Twala is an Associate Professor of History and Vice-Dean in the Faculty of the Humanities at the University of the Free State and writes in his personal capacity.

In South Africa, the month of April is referred to as Freedom Month with 27 April known as Freedom Day. In celebrating and commemorating this day in 2021, it is important to acknowledge the role of the contribution of safe houses to the liberation struggle. The safe houses were sometimes referred to as ‘hosting or transit’ houses. The relative dearth in academic research and the scrutiny of those houses cannot be left unattended. This academic investigation attempts to contribute to the South African historiography on cross-border politics and that of liberation struggle studies.

After the banning of liberation movements/organisations such as the African National Congress (ANC), the Pan Africanist Congress (PAC) and others by the apartheid regime in the 1960s, these movements established networks of safe houses inside and outside the country. However, in response to this, the regime stepped up its repression by targeting such houses to destabilise the underground activities of the liberation movements.

The significance of the contribution of safe houses to the liberation struggle

Therefore, it is against this background that this article briefly considers highlighting the significance of the contribution of safe houses to the country’s struggle for liberation. In counter-acting the apartheid regime’s efforts, the liberation movements embarked on tightening security measures around safe houses for those using them. These measures amongst other things included, first, that the political cross-border activities were determined by a few individuals within certain ‘cells’. These ‘cell’ leaders were responsible for masterminding the exile routes of those escaping the country.

Second, for security reasons, the owners of these houses and host families were not identified. The houses would mainly be known only to the ‘cell’ leaders. The duration of staying in these safe houses was also determined by those in leadership. Third and lastly, in most cases the political activists who used these houses were not familiar with the territory; thus, tracking their location was not an easy task. Furthermore, the apartheid agents also battled to track their routes into exile because of the limited information of how and where they stayed in transit in the north of the continent. On many occasions, the safe houses were located in towns near the border of South Africa and the intended host country. Ronnie Kasrils remembers meeting Nelson Mandela for the first time in July 1962 in a small safe house in Durban. He recalls that the house belonged to a worker.

In Lesotho there was Maleseka Kena and her husband Jacob Kena who resided in the small village of Tsoelike in the Qacha’s Neck district. Jacob Kena was an influential member of the Communist Party of Lesotho. They used their house as a safe place for South African political activists coming into the area. Although Maleseka was not actively involved in politics, she was sympathetic to the ANC liberation cause. John Aerni-Flessner notes the following about her: ‘Maleseka Kena’s  life story, child-rearing, border-crossing, refugee-smuggling, and political involvement as a woman in rural Lesotho turned out to be more compelling from the standpoint of understanding how apartheid and issues of local identity impacted lives in communities of the periphery of the apartheid state. She channelled her political work into groups on both sides of the South Africa/Lesotho border’.

Raids and attacks on safe houses

As mentioned previously, the apartheid regime launched raids and attacks on some of the safe houses. For example, on 30 January 1981 the South African Defence Force (SADF) raided safe houses in Matola, a suburb on the outskirts of Maputo (Mozambique). These safe houses served as transit points for uMkhonto WeSizwe (MK) cadres. During the raid 12 MK members and one Mozambican citizen were killed. Another MK member, Mduduzi Sibanyoni, later died of injuries sustained during the raid. On 9 December 1982 the SADF launched another attack in Maseru (Lesotho). The ‘Moscow House’ which was used as a transit camp in Lesotho became a target of the SADF. This raid was unofficially referred to as ‘Operation Blanket’. In this raid 12 Lesotho nationals and 30 South Africans were killed. Attacks on safe houses in neighbouring states showed the disregard by the apartheid regime for their sovereignty. This was to instil fear in the governments of neighbouring countries so they would desist from supporting the liberation movements. The raid in Lesotho was condemned by the Commonwealth as an infringement of the territorial integrity of the sovereign states. Not only were the safe houses or camps targets, but also offices belonging to the liberation movements. The raid in Gaborone (Botswana) on 14 June 1985 was on the office of MK. This raid was dubbed ‘Operation Plecksy’. During this raid 12 people were killed and only five were members of the ANC.

In Manzini (Swaziland), house number 43 Trelawney Park, a four-bedroomed house belonging to Buthongo and Rebecca Makgomo Masilela provided shelter for ANC members. Masilela’s house was commonly known as KwaMagogo. The house was frequented by the likes of Jacob Zuma during his underground operations in Swaziland. Others who used the house during their operations were Thabo Mbeki and Glory September. In the vicinity was the ‘White House’ which was established by John Nkadimeng on his arrival in the country in 1976. Another safe house in Swaziland was ‘Come Again’ in Fairview.

In Botswana, a kingpin in accommodating political activists crossing into the country from South Africa was Fish Keitsing. He was a Botswana-born ANC activist who was responsible for establishing The Road to Freedom. He came to South Africa at the age of 23 as a migrant worker and joined the ANC in 1949, later becoming the leader of the Newclare Congress Branch and was its volunteer-in-chief during the 1952 Defiance Campaign. He was charged along with others in the Treason Trial of 1959-1961 and was later deported to Botswana. Before he left South Africa, Walter Sisulu asked him to set up a safe house in Lobatse. Assisted in his task of controlling the Road to Freedom were other ANC activists, including Free State-born Dan Tloome, Michael Dingake, Mack Mosepeli and Mpho Motsamai.

Although this article samples just a few of these safe houses and the role the owners played in assisting South African political activists en route to exile, more is still to be academically recorded in this regard.

* Chitja Twala is an Associate Professor of History and Vice-Dean in the Faculty of the Humanities at the University of the Free State and writes in his personal capacity

News Archive

UFS law experts publish unique translation
2006-06-21

Attending the launch of the publication were from the left:  Prof Boelie Wessels (senior lecturer at the UFS Faculty of Law), Prof Frederick Fourie (Rector and Vice-Chancellor of the UFS), Prof Johan Henning (Dean: UFS Faculty of Law) and Adv Jaco de Bruin (senior lecturer at the UFS Faculty of Law). Prof Wessels translated the treatise from corrupted medieval lawyer Latin into English, Prof Henning is the leading author and initiator of the publication and Adv de Bruin assisted with the proofreading and editing. Photo: Stephen Collett

UFS law experts publish unique translation of neglected source of partnership law

The Centre for Business Law at the University of the Free State (UFS) has translated a unique long neglected Roman-Dutch source of the law of partnership law from Latin into English.  This source dates back to 1666. 

The book, called Tractatus de Societate (A Treatise on the Law of Partnership), by Felicius and Boxelius is published as Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law.  It is the first translation of this Roman-Dutch source into English and comprises of a comprehensive discussion of the South African common law of partnerships.  

“Apart from various brief provisions dealing on a peace meal and an ad hoc basis with diverse matters such as insolvency, there is no comprehensive Partnership Act in South Africa.  The law of partnership in South Africa consists of South African common-law, which is mainly derived from Roman-Dutch law,” said Prof Johan Henning, Dean of the Faculty of Law at the UFS.  Prof Henning is also the leading author and initiator of this comprehensive publication.

“Countries such as America, England, Ireland and The Netherlands have drafted or are in the process of establishing new modern partnership laws in line with new international guidelines, practices and commercial usages,” said Prof Henning.

“However, in South Africa the most recent policy document released by the Department of Trade and Industry explicitly excludes partnership law from its present company law reform programme and clearly regards this as an issue for another day,” said Prof Henning.

“Unless there is a political will to allocate the necessary resources to a comprehensive partnership law revision program, it is a practical reality that South Africa will not have a modern Partnership Act in the foreseeable future,” said Prof Henning. 

According to Prof Henning South African courts have been using the Roman-Dutch partnership law sources as authority.  “The English Partnership Act of 1890 is not binding and the English text books should therefore be approached with caution,” said Prof Henning.

“A treatise on the law of partnership that has been regarded by South African courts as an important common law authority is that of  a Frenchman by the name of Pothier.  This treatise was translated into English and was regarded as an au­thority of significance in The Netherlands towards the end of the eighteenth century,” said Prof Henning. 

“Pothier’s opinions are however not valid throughout in the Roman-Dutch partnership law as it did not apply to the Dutch province of The Netherlands and it sometimes also rely on local French customs for authority,” said Prof Henning.

For this reason the Centre for Business Law at the UFS decided to focus its attention again on the significance of the comprehensive treatise of Felicius and Boxelius on the Roman-Dutch partnership law.  Felicius was an Italian lawyer and Boxelius a Dutch lawyer.

This long neglected source of partnership law was published in 1666 in Gorkum in The Netherlands.  "A significant amount of Roman-Dutch sources of authoritive writers trusted this treatise and referred to it,” said Prof Henning.

The translation of the treatise from corrupted medieval lawyer Latin into English  was done by Prof Boelie Wessels, a very well-known expert on Roman Law and senior lecturer at the UFS Faculty of Law.  Prof Wessels, who  has 15 degrees, spent almost ten years translating the treatise.  The proofreading and editing of the translation was done by Prof Henning and Adv Jaco de Bruin, a senior lecturer at the UFS Faculty of Law.

“We want the South African courts to use Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law as the primary source of reference when cases where Roman-Dutch Law partnership law principles are involved, are ruled on,” said Prof Henning.

The first part of the publication comprises of selected perspectives on the historical significance of the work as well as a translation of selected passages. “The intention is to follow this up expeditiously with the publication of a very limited edition of a complete translation of the work,” said Prof Henning.

A total of 400 copies of the publication will be distributed to all courts, the Appeal Court and the Supreme Court.

Media release
Issued by: Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za
21 June 2006

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