21/10/1997
SAPA

The Johannesburg Bar Council would support any application for the re-admission to the roll of advocates of former Communist Party leader Bram Fischer, who was struck from the roll in 1965, the General Council of the Bar of South Africa said on Tuesday.

In its submission to the Truth and Reconciliation Commission the Bar said its Johannesburg constituency had recently acknowledged Fischer's courage and integrity.

He was struck from the roll conduct "unbefitting a member of the Bar and the Society" after he skipped bail during his trial on charges of contravening the Suppression of Communism Act of 1950.

Fischer, in a letter to his attorney, vigorously opposed the move.

The Bar said in the TRC submission, released on Tuesday, 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."

While recognising that opinions may differ, the present Johannesbrg Bar Council had resolved that it did not hold the view that Fischer was not a fit and proper person to practice as an advocate.

"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," it said.

The Bar said it would welcome the introducation of legislation to restore posthumously the name of Bram Fischer and others in a similar position to the roll of advocates.

- SAPA
JOHANNESBURG
October 21 1997