The creation of the Pan African Bar Association of SA (Pabasa) is a welcome development in the pursuit of black self-reliance. It fits perfectly with Anton Lembede’s (1941) vision of “freedom”. He wrote: “When Africans are free, they will be in a position to pilot their own ship and, unhampered, work toward their own destiny and, without external hindrance or restriction, devise ways and means of saving or rescuing their perishing race.” The association mirrors the 1968 move by black students led by Steve Biko when they moved out of the National Union of SA Students to create the SA Students Organisation (Saso), which ultimately resulted in the Broederbond realising the futility of apartheid and the National Party embarking on “reforms” from about 1978. It is unfortunate that in all that is reported about Pabasa no precedent is quoted by these men of law who utilise precedent so much in arguing their cases. It is probable that they have sucked in too much of the reconstructed view o...

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