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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

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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