David Smuts’ book launch

On 3 October 2019, Thulamela co-hosted the book launch of Namibian Supreme Court Justice David Smuts’ book “Death, detention and disappearance: One lawyer’s battle to hold power to account in 1980s Namibia” with Tafelberg publishers.

Justice Smuts, in conversation with retired Constitutional Court Justice Edwin Cameron, reflected on his career as a struggle lawyer in the dark decade of the 1980s in Namibia and the atrocities of the South African security forces that he challenged through his defence of detained and tortured civilians.  

Thulamela Chairperson Philip Mokoena SC opened the event welcoming eminent guests, some of whom are stalwarts from the era. Eminent guests included former Deputy Chief Justice Moseneke, former Constitutional Court Justice Johann Kriegler, Constitutional Court Justice Mbuyiseli Madlanga, Johannesburg High Court Judges Keightley, Makume, Opperman and Yacoob, Editor of The Namibian, Tangeni Amuphadhi, Dumisa Ntsebeza SC, Alan Dodson SC and Halton Cheadle. 

What was striking to younger attendees in particular is how little of this Namibian history is known to us in South Africa. Only one colonial border away, it is easy to forget that South Africa and Namibia are bound by a common and recent history of human rights abuses by apartheid forces and that our legal and political systems are intimately connected. It is also a timely reminder of the role of law in resisting this regime despite huge odds, sometimes successfully and the important role that many courageous lawyers played in entrenching respect for the rule of law we now enjoy in both countries. 

Justice Smuts read various extracts from his book.  He read a particularly jarring excerpt from his book on the cross-examination of a security police officer. The officer eventually admitted to the indiscriminate beating, effectively torture, of detainees “as long as I just protected his life”.  

The discussion was a deep reflection on the importance of the under-recorded history of Namibia’s fight for freedom to which Justice e Smuts’ book makes an invaluable contribution. 

In closing, Justice Smuts noted the importance of the support he and his clients received during the 1980s from South African advocates especially members of the Johannesburg Bar such as the late Chief Justice Arthur Chaskalson, Sir Sydney Kentridge SC QC and Jeremy Gauntlett SC QC. 

Thulamela thanks its members who arranged the event.  The event was arranged and chaired by Susannah Cowen SC, who was assisted by Anthony Gotz SC, Katherine Harding, Nikki Stein, Chiara Louis, Karabo van Heerden, Nada Kakaza and Thulamela Staff (in particular Matshepo Gumede).