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IN MEMORY OF
ARTHUR CHASKALSON
24 NOVEMBER 1931 TO 1 DECEMBER 2012
AND
STEPHEN ELLMANN
20 JUNE 1951 TO 8 MARCH 2019
Your battles inspired me – not the obvious material battles but those that were fought and won behind your forehead.
JAMES JOYCE, The Selected Letters of James Joyce
My dear Steve,
I promised to shepherd your manuscript to publication and, thanks to the support of the editorial teams with Pan Macmillan South Africa and NewSouth Books in Montgomery, Alabama, readers around the world will have an opportunity to learn about Arthur and the power of using the law to do what is right.
The son of English professors, your parents inspired you to use the power of language to fight for justice, which you did with clarity and humility throughout your life. This project sustained you during your battle with cholangiocarcinoma, reminding us that life is a precious gift not be squandered. Thank you for showing us how to live each day to the fullest. Your memory is a blessing and your love, friendship, resilience and commitment to justice for all will continue to inspire us. Thank you for sharing with us Arthur’s story and for the love you both had for all South Africans.
With all my love
Teresa
And Justice for All
For my dear Teresa, with my love
NewSouth Books
105 S. Court Street
Montgomery, AL 36104
© 2020 Stephen J. Ellmann and Teresa M. Delcorso-Ellmann
All rights reserved under International and Pan-American Copyright Conventions. Published in the United States by NewSouth Books, Montgomery, Alabama. No part of this publication may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form, or by any means (electronic, mechanical, photocopying, recording or otherwise), without the prior written permission of the publisher.
Publisher’s Notice: Because of its subject matter, this work was rightfully first published in South Africa, in 2019, by Picador Africa, an imprint of Pan Macmillan South Africa. The British-style South African conventions of spelling and punctuation have been retained in this U.S. edition.
PUBLISHER CATALOGING-IN-PUBLICATION DATA
Ellmann, Stephen.
And justice for all: Arthur Chaskalson and the struggle for equality in South Africa.
p. cm.
Includes index.
ISBN 978-1-58838-428-7 (hardcover)
1. Africa. History—South Africa. 2. Biography—Lawyers & Judges. I. Title.
Library of Congress Control Number:
Printed in the United States of America by Maple Press
AT NEWSOUTH BOOKS:
Suzanne La Rosa, publisher; Randall Williams, editor-in-chief; Lisa Emerson, accounting manager; Lisa Harrison, publicist; Matthew Byrne, production manager; Beth Marino, senior publicity/marketing manager; Laura Murray, cover designer.
AT PICADOR AFRICA:
Editing by Russell Martin; Proofreading by Catherine Munro; Indexing by Christopher Merrett; Design and typesetting by Triple M Design
Cover photograph of Arthur Chaskalson and Nelson Mandela in conversation at the Soccer City rally, on 16 December 1990, courtesy of the European Pressphoto Agency
Contents
CHAPTER TWO: Preparing for Practice
CHAPTER THREE: Finding his Course
CHAPTER FOUR: Early Political Cases
CHAPTER SIX: Rivonia: The Defence Team and its Work
CHAPTER SEVEN: The Rivonia Accused Make their Case
CHAPTER EIGHT: Rivonia’s Aftermath
CHAPTER NINE: After Rivonia: Arthur’s Practice
CHAPTER ELEVEN: Founding and Leading the Legal Resources Centre
CHAPTER TWELVE: The Work of the Legal Resources Centre
CHAPTER THIRTEEN: Lawyering beyond the LRC – and the Delmas Treason Trial
CHAPTER FOURTEEN: In (and near) Academia
CHAPTER FIFTEEN: Negotiations Begin
