Freedom Trial in South Africa
South Africa 16th December 1961.
The opening paragraph from the
leaflets issued by the Command of Umkhonto We Sizwe Spear of the Nation… stated today that units of the “Umkhonto We
Sizwe” carried out planned attacks against
government installations particularly those connected with the policy
of Apartheid and race discrimination.
July 4, 1962
The newspaper headlines, spoke for themselves
on that cold winter morning in July 1962. “Kantor to face sabotage act
trial.” The Sabotage Act… along with
nine other people…The other nine men were Nelson Mandela, Walter Sisulu, Dennis Goldberg, Govan Mbeki, Ahmed
Kathrada, Lionel Bernstein, Raymond Mhlaba, Elias Motaoaledi, and Andrew
Mlangeni.
They were arrested at Dennis
Goldberg’s home in Rivonia, all nine faced charges of “Treason.” The world was shocked. If convicted, the South African Apartheid
Government could execute the ten of them by firing squad.
The
indictments alleged the ten men had embarked on a campaign of sabotage.
Charge No.
1. Contravening the Suppression of the
Communism Act
Charge No.
2. Contravening the General Law
Charge No.
3. Contravening the overthrow of the
South Africa Government by revolution Law
Charge No.
4 Contravening the airlifting of an invasion force to South Africa by foreign
troops.
Charge No 5. Contravening to use
laundered communist money into the ANC. (African National Congress.)
Jack H. Cooper a lawyer from
Benjamin Joseph law firm was appointed councilor for the accused Mr.Jim Kantor.
One of the allegations was Jim Kantor’s office was used to launder communist
money into the banned African National Congress ANC. The claim was not
unfounded–money was going through Mr. Jim Kantor’s trust account to the
ANC. But the crucial question was to
what extent was Mr. Kantor involved and to what extent did he have knowledge of
this?”
December 23, 1962
The headlines again told the
story five months later on a warm December morning. “KANTOR’S CONFINEMENT
OVER.” The newspaper wrote, James Kantor
the Johannesburg attorney, one of the ten accused in the Rivonia Trial, was
acquitted in Pretoria yesterday.
Jack had done
his job well. He was the only lawyer
that managed to prove his clients’ innocence in the so called “1964 Freedom
Trial.” He had saved his good friend
from prison, and at same time became a legendary hero. Neither one of them realized they were making
history.
November 2, 1964
The lengthy
political trial had continued for two more long years. Finally, on a sunny autumn Pretoria afternoon
in 1964, all of the other eight accused were found guilty by a unanimous vote
of the jury. One of eight men, Nelson Mandela, a young attorney, delivered his
famous “I am prepared to die” speech from the dock. This speech would haunt
many South Africans for the rest of their lives. Nelson Mandela the
antiapartheid icon delivered that speech so fervently, so desperately, trying
to convey to the world one last time, before he would be sentenced, perhaps to
death, of the injustices that his people had suffered under the South Africa
Apartheid Regime. He told the packed court room, “That the African National
Congress organization never wanted to cause a civil war; all they wanted was to
be free, and live and work in their country of birth like the white man
did.”
No one, not even
the most visionary of those present on that day could have imagined what the
future held. November 1994, exactly thirty years later, capped off by a
wrenching imprisonment, Nelson Mandela walked off Rubén Island into the South
Africa President’s office, and became the first black president of a new
liberated South Africa.
Jack and Jim’s
friendship continued. Jack had studied law at the Witwatersrand University in
Scotland, before moving to South Africa.
He never claimed that it was his enormously illustrious lawyer skills
that gave his client the distinction of being the only one acquitted at the
Infamous Rivonia Trial. He said, “He had
merely had to prove that his friend wasn’t aware of the money going through his
office. I did just that, but it did not come easy. I worked day and night on
the trial sparing neither energy nor imagination. Afterwards Jim hugged me and we had a party.
I felt very elated – a feeling of accomplishment. After all at the end of the
day when you are in a trial, it’s you against them. It’s a game.”
Jim was the first
of the nine to go to trial. Neither he
nor Jack fully comprehended just how fortunate Jim really was for the next two
years. It was published in the South African Journal that the other eight men
got life in prison. During his short
period of detention, Jim suffered what appeared to some folks to be a nervous
breakdown and his law practice deteriorated while he was in confinement and
thus, after his release he relocated to Scotland; thence lived a lawyer’s life
in Swain Valleys, Scotland.
All the defense
lawyers in Johannesburg knew one and the other. Mandela was a colleague. They
handled cases, sometimes the same cases with different accused. They were
criminal lawyers. Lawyers who take these political cases were shunned, but they
took the cases. Serious business. That was how they made their living, Jack,
Jim, Tambo and the other guys.
At that period of time living in South Africa
was good, but after the trial the law practice couldn’t support Jack and his
family, and he moved to Los Angles, with his four children, wife and “Crybaby”
the family dog. His six grandchildren live in Texas. Jack became a Real Estate
Broker.
Jack said, “I
don’t think I would go back to live in South Africa. Thirty years is a long
time. We’ve got our roots here. Our friends are here and our children and
grandchildren. Most of my friends here
in L.A. are South Africans. A lot of
them went to school with me. South
Africans are in my heart where ever they are… a very special people. There’s
that warmth and the camaraderie. However, whenever I visit South Africa now, I feel
like a lonely needless person. It’s a
generation gap thing I suppose. “
Jack was 76
years old when he fell down his basement stairs and fractured his hip. Soon
afterward he died. He was buried on a Sunday, August 8th 2003 at the Trails End
Cemetery in Los Angeles, California. Jack was survived by his four children and
eight grandchildren. His first born son, Howard Cooper, speaking at the funeral
said, ‘I remember one bit of wisdom my dad gave me that seems appropriate for
today. He said, Americans need to be
constantly on guard for any sign of muted government mischief, because a hard
core of truth is as history has shown
over and over when you ask a government to handle everything, it will handle nothing well.”
The Irish
Government provided Jims transportation to the funeral from the Dover Ireland
Air Force Base. In his suit case was a
carefully folded South African flag.
Sometime after midnight the following evening, Jimmy walked down the
accordion stairs from a civilian 747 plane that Irish Command military had
chartered, onto the L.A. airport tarmac.
Jim an honorary
pallbearer kneeled in front of Jack’s relatives at the grave site. They heard
him weeping as he placed on the casket a South African flag alongside the
American flag. The silver casket was then lowered automatically down into the
plastic grass cover hole into a cement vault.
A Catholic
Bishop standing at the head of Jacks grave read the eulogy. “By the grace of Almighty God, his voice
resonant as the gray skies above suddenly opened and rain cascaded from the
clouds like tears, so fitting to this emotional moment. “The hour of your redemption is here a Child
of God who for whatever reason has been taken into Gods graces. A Christian who
for all his mortal life lived Christ’s teachings. May his indomitable spirit
live on?
Jimmy said,
"It's been emotional for everyone who's has been involved with Apartheid
through the many years, but the fighting has finally stopped in South Africa,
and my best friend is now in heaven. He is at peace. He, he, looked like he was
sleeping. Who prepared him, set him at
peace; he looked like Jack at peace. It looks like him, just not moving, just lying
there. He had to wait a long time to find peace. We all did.”
The Chinook
helicopter nearby started it engines idling. Rarely before had the Irish
Government helicopter crew chosen to remain at a funeral until the family was
ready to leave the grave site. James and his family along with the military
escorts spent the night in a down town hotel and so arrived at the Dover
airport two days later. Jim and his wife were saluted by a row of Republican
Irish Guard at a waiting military van.
“That had to be
the longest ride in my life. What do you
say? What do you talk about? Jimmy said to his wife, “There is something
I’ll need to do first thing tomorrow, when I get to my office is to begin
preparation for a suit against the “South African Government Trust Fund for the
pain and anguish it caused those nine black human beings. And as an afterthought he added, “Living the
rest of my life’s journey before I meet my best friend won’t be trouble free.
Author Karl
Wallace
The trial was
condemned by the United Nations Security Council and nations around the world,
leading to international sanctions against the South African government. The Rivonia Trial was a trial that took place
in South Africa between 1963 and 1964, in which ten leaders of the African
National Congress were tried for 221 acts of sabotage designed to overthrow the
apartheid system.
* This is a fictional story. The real fact was Jimmy Kantor
was discharged at the end of the prosecution's case, and never had to testify
or have a defense lawyer. He
subsequently had a nervous breakdown and died a few years later.