15/08/2006

Bram Fischer will always be remembered for his commitment and courage in fighting the forces of apartheid. His vigorous opposition of the Afrikaner government cost him his law practice. Fischer was struck off the roll of attorneys and advocates in 1965.

In a TRC submission, the Johannesburg Bar said that ultimately any application for striking off posed the fundamental question of whether the advocate was a fit and proper person to continue to practice.

Advocates are struck from the roll in order to protect the public from unscrupulous and dishonest practitioners.

The Johannesburg Bar council was not of the view that Bram Fischer was such a man.

It believes that a grave injustice was done to him, and today can only apologise to his family. The judgement is not one which it wishes to retain.

In a letter written by Fischer on being struck of the roll, he says:

When an advocate does what I have done, his conduct is not determined by any disrespect for the law nor because he hopes to benefit personally by any ´offence´ he may commit. On the contrary, it requires an act of will to overcome his deeply rooted respect of legality, and he takes the step only when he feels that, whatever the consequences to himself, his political conscience no longer permits him to do otherwise. He does it not because of a desire to be immoral, but because to act otherwise would, for him, be immoral.

In 2003 the Legal Resources Centre brought the first application of The Reinstatement of Certain Deceased Legal Practitioners Act on behalf of the daughters of Bram Fischer. This Act provides for the reinstatement on the roll of attorneys or advocates, of lawyers who were struck off the roll because of their opposition to apartheid.

A full bench of the High Court, headed by the Judge President, granted the application.