The Defense of Baruti Sahd



Class Set

The Defense of Baruti Sahd

Today you will investigate the apartheid system in South Africa. Your role in this activity is that of a defense attorney, representing a black South African – Baruti Sahd. You have been hired by the African National Congress. Your client has been charged with violating an apartheid law, and it is your responsibility to defend his innocence in order to prevent him from having to go to jail.

Your investigation will take place at each table, where you will read documents to help you write the opening defense statement at your client’s trial. At each table you will complete a worksheet based on the table’s documents. You will then use the worksheets to write your client’s opening defense statement.

General topics that will be covered at each table (and that should be included in your opening defense statement) include:

What is apartheid? When did it begin?

What were important events during apartheid? (timeline)

What was the rationale behind apartheid? In other words, why was it created in the first place?

What are the living conditions for blacks under apartheid?

What rights are they denied?

How do the living conditions affect the blacks? How do they feel?

What rights are blacks, in particular Baruti Sahd, fighting for? Compare these to the rights granted to ALL Americans.

Which groups and individuals spoke out against apartheid? How did they do this?

With regards to your client, what law did he break? Why did he do it?

You will have 15 minutes at each table to read through the provided documents and complete the provided worksheet. Upon completion of your research, begin writing your opening defense statement, following the provided worksheet.

Police Report & Apartheid Laws Analysis ~ Class Set

Read through the police report, then read through the list of apartheid laws. Finally, on a separate piece of paper, answer the questions below:

[pic]

Class Set

Pretoria Police Department

INCIDENT REPORT

Case No. PT 4295 Incident: Public disturbance at Café Bree

Date of Incident: February 25, 1983 Location of Incident: Café Bree,

Groenkloof, Pretoria, South Africa

Reporting Officer: Officer Van der Merwe

Overview of incident:

Baruti Sahd hereafter referred to as “suspect,” entered Café Bree on Monday, February 25, 1993. Suspect ignored posted signs on the outside and inside of restaurant and proceeded to sit in the whites-only section of the restaurant. When approached by a restaurant employee to leave designated area, suspect was quoted as saying, “You can’t tell me where to sit. I am a human being and a citizen of Groenkloof, Pretoria. Your laws are unfair and unjust. I demand my civil liberties. I refuse to leave my seat. I want to be waited on and served my food.”

Restaurant employee referred the situation to the restaurant manager who also tried to remove suspect from the designated area of the restaurant. When the suspect continued to refuse, the police department was notified. Upon arrival to Café Bree, the suspect was found to be agitated, defiant and becoming physically abusive.

Suspect was arrested at the scene and taken to the Pretoria Police Station.

Class Set

|Apartheid Legislation in South Africa |

|[pic] |

Starting in 1948, the Nationalist Government in South Africa enacted laws to define and enforce segregation.

What makes South Africa's apartheid era different to segregation and racial hatred that have occurred in other countries is the systematic way in which the National Party, which came into power in 1948, formalised it through the law. The main laws are described below.

Prohibition of Mixed Marriages Act, Act No 55 of 1949

Prohibited marriages between white people and people of other races. Between 1946 and the enactment of this law, only 75 mixed marriages had been recorded, compared with some 28,000 white marriages.

Immorality Amendment Act, Act No 21 of 1950; amended in 1957 (Act 23)

Prohibited adultery, attempted adultery or related immoral acts (extra-marital sex) between white and black people.

Population Registration Act, Act No 30 of 1950

Led to the creation of a national register in which every person's race was recorded. A Race Classification Board took the final decision on what a person's race was in disputed cases.

Group Areas Act, Act No 41 of 1950

Forced physical separation between races by creating different residential areas for different races. Led to forced removals of people living in "wrong" areas, for example Coloureds living in District Six in Cape Town.

Suppression of Communism Act, Act No 44 of 1950

Outlawed communism and the Community Party in South Africa. Communism was defined so broadly that it covered any call for radical change. Communists could be banned from participating in a political organisation and restricted to a particular area.

Bantu Building Workers Act, Act No 27 of 1951

Allowed black people to be trained as artisans in the building trade, something previously reserved for whites only, but they had to work within an area designated for blacks. Made it a criminal offence for a black person to perform any skilled work in urban areas except in those sections designated for black occupation.

Separate Representation of Voters Act, Act No 46 of 1951

Together with the 1956 amendment, this act led to the removal of Coloureds from the common voters' roll.

Prevention of Illegal Squatting Act, Act No 52 of 1951

Gave the Minister of Native Affairs the power to remove blacks from public or privately owned land and to establishment resettlement camps to house these displaced people.

Bantu Authorities Act, Act No 68 of 1951

Provided for the establishment of black homelands and regional authorities and, with the aim of creating greater self-government in the homelands, abolished the Native Representative Council.

Natives Laws Amendment Act of 1952

Narrowed the definition of the category of blacks who had the right of permanent residence in towns. Section 10 limited this to those who'd been born in a town and had lived there continuously for not less than 15 years, or who had been employed there continuously for at least 15 years, or who had worked continuously for the same employer for at least 10 years.

Natives (Abolition of Passes and Co-ordination of Documents) Act, Act No 67 of 1952

Commonly known as the Pass Laws, this ironically named act forced black people to carry identification with them at all times. A pass included a photograph, details of place of origin, employment record, tax payments, and encounters with the police. It was a criminal offence to be unable to produce a pass when required to do so by the police. No black person could leave a rural area for an urban one without a permit from the local authorities. On arrival in an urban area a permit to seek work had to be obtained within 72 hours.

Native Labour (Settlement of Disputes) Act of 1953

Prohibited strike action by blacks.

Bantu Education Act, Act No 47 of 1953

Established a Black Education Department in the Department of Native Affairs which would compile a curriculum that suited the "nature and requirements of the black people". The author of the legislation, Dr Hendrik Verwoerd (then Minister of Native Affairs, later Prime Minister), stated that its aim was to prevent Africans receiving an education that would lead them to aspire to positions they wouldn't be allowed to hold in society. Instead Africans were to receive an education designed to provide them with skills to serve their own people in the homelands or to work in labouring jobs under whites.

Reservation of Separate Amenities Act, Act No 49 of 1953

Forced segregation in all public amenities, public buildings, and public transport with the aim of eliminating contact between whites and other races. "Europeans Only" and "Non-Europeans Only" signs were put up. The act stated that facilities provided for different races need not be equal.

Natives Resettlement Act, Act No 19 of 1954

Group Areas Development Act, Act No 69 of 1955

Natives (Prohibition of Interdicts) Act, Act No 64 of 1956

Denied black people the option of appealing to the courts against forced removals.

Bantu Investment Corporation Act, Act No 34 of 1959

Provided for the creation of financial, commercial, and industrial schemes in areas designated for black people.

Extension of University Education Act, Act 45 of 1959

Put an end to black students attending white universities (mainly the universities of Cape Town and Witwatersrand). Created separate tertiary institutions for whites, Coloured, blacks, and Asians.

Promotion of Bantu Self-Government Act, Act No 46 of 1959

Classified black people into eight ethnic groups. Each group had a Commissioner-General who was tasked to develop a homeland for each, which would be allowed to govern itself independently without white intervention.

Coloured Persons Communal Reserves Act, Act No 3 of 1961

Preservation of Coloured Areas Act, Act No 31 of 1961

Urban Bantu Councils Act, Act No 79 of 1961

Created black councils in urban areas that were suppoed to be tied to the authorities running the related ethnic homeland.

Terrorism Act of 1967

Allowed for indefinite detention without trial and established BOSS, the Bureau of State Security, which was responsible for the internal security of South Africa.

Bantu Homelands Citizens Act of 1970

Compelled all black people to become a citizen of the homeland that responded to their ethnic group, regardless of whether they'd ever lived there or not, and removed their South African citizenship.

Various segregation laws were passes before the Nationalist Party took complete power in 1948. Probably the most significant were The Natives Land Act, No 27 of 1913 and The Natives (Urban Areas) Act of 1923. The former made it illegal for blacks to purchase or lease land from whites except in reserves; this restricted black occupancy to less than eight per cent of South Africa's land. The latter laid the foundations for residential segregation in urban areas.

Student Copy

Read through the provided lecture notes on apartheid,

then fill-in-the-blanks on this worksheet.

(You will use these notes as part of your research when you need to address the following questions in your opening defense statement: what was apartheid? Why was apartheid created? How was it carried out? How were blacks and whites separated? How were blacks’ and whites’ lives different? Who spoke out and fought against apartheid? What major events took place during apartheid?)

South Africa: Apartheid

I. Definition:

A. __________________ Afrikaan language

B. policy of _____________________ South African government to _________________, _______________________, and _____________________ various non-white ethnic groups

II. Origins:

A. 1948: _____________ ___________________

a. _________________ pro-apartheid party

III. Policies:

A. 2 ____________________ worlds

B. _____________________ white minority vs. black _____________________

C. Whites:

a. ______________ and _______________________

b. High standard of ____________________

c. Wanted to create _______________________ society

D. Blacks:

a. Lived in ______________________

b. Denied facilities & opportunities ( ______________, housing and _________)

IV. Racial Categories:

Europeans

(___%)

Asians & Colored (________-racial ancestry)

( ____%)

Africans ( ____%)

V. Purpose of Apartheid:

A. ___________________ black majority from ___________________ economic and _________________ power

VI. Results:

A. Blacks could not:

a. ___________________

b. ___________________ education

c. Hold high ________________________________________

d. Travel without ___________________________________

B. Blacks were forced to:

a. Live on __________________________________

C. Families were __________________________ due to limited ___________________

D. Resistance movements:

a. African National _____________________________

b. ______ African Congress

c. Black ___________________________ movement

E. Resistance techniques:

a. _________________ disobedience

b. Strikes

c. _________________

d. __________________________ demonstrations

VII. End of Apartheid?

A. 1980’s: government began to _______________ rights to blacks

B. 1986: _________________ policy

VIII. State of Emergency (1986-1989):

A. __________________ opposition via:

a. Mass ______________

b. _________________

c. Rigged _______________

B. Results:

a. __________________ arrested

IX. Legal Progress:

A. 1990: African National ____________________ (ANC) became ________________

a. Africa’s largest _______________________________ party

b. Leaders _______________________ from ______________________ (Nelson Mandela imprisoned _____ years)

i. Brought about ________________________ attention

X. Overthrow of Apartheid Government:

A. 1994: ________ party _____________________

a. 24-hour long _______________________

B. Results:

a. ANC captured _____ % of vote

b. Nelson Mandela became ______________________

C. ANC and other political parties created new ___________________________ = end

of _______________________

XI. Obstacles for South Africa:

A. creating ________________________ _______________________ for ___________________

Declaration of Independence and Bill of Rights Analysis ~ Class Set

Read through the Declaration of Independence and the first 10 amendments to the U.S. Constitution, also known as the Bill of Rights.

On as separate piece of paper, complete the worksheet below.

[pic]

[pic]

[pic]

Overview of Apartheid Reading

Read through the provided document and answer the following questions on a separate piece of paper:

1. What was apartheid?

2. Why was apartheid created?

3. How was it carried out?

4. How were blacks and whites separated?

5. How were blacks’ and whites’ lives different?

Overview of Apartheid Reading

Read through the provided document and answer the following questions on a separate piece of paper:

1. What was apartheid?

2. Why was apartheid created?

3. How was it carried out?

4. How were blacks and whites separated?

5. How were blacks’ and whites’ lives different?

Overview of Apartheid Reading

Read through the provided document and answer the following questions on a separate piece of paper:

1. What was apartheid?

2. Why was apartheid created?

3. How was it carried out?

4. How were blacks and whites separated?

5. How were blacks’ and whites’ lives different?

[pic]

[pic]

End of Apartheid Reading

Read through the provided document and answer the following questions on a separate piece of paper:

1. How did blacks resist apartheid?

2. Who spoke out and fought against apartheid?

3. What anti-apartheid groups were formed?

4. What major events took place during apartheid?

5. How and when did apartheid end?

6. What were the results of the end of apartheid?

End of Apartheid Reading

Read through the provided document and answer the following questions on a separate piece of paper:

1. How did blacks resist apartheid?

2. Who spoke out and fought against apartheid?

3. What anti-apartheid groups were formed?

4. What major events took place during apartheid?

5. How and when did apartheid end?

6. What were the results of the end of apartheid?

End of Apartheid Reading

Read through the provided document and answer the following questions on a separate piece of paper:

1. How did blacks resist apartheid?

2. Who spoke out and fought against apartheid?

3. What anti-apartheid groups were formed?

4. What major events took place during apartheid?

5. How and when did apartheid end?

6. What were the results of the end of apartheid?

[pic]

[pic]

Anti-Apartheid Quote Analysis ~ Class Set

Read through the provided quotes. On a separate piece of paper write down information that you feel will help you in your defense of your client. Quoting respected leaders of the anti-apartheid system will give your defense statement credibility.

Quote #1: _____________________________________________________________

______________________________________________________________________

____________________________________________________________________________________________________________________________________________

______________________________________________________________________

How does this quote help your defense statement? How does this quote relate to your case? ___________________________________________________________

__________________________________________________________________________________________________________________________________________________________________________________________________________________

Quote #2: _____________________________________________________________

______________________________________________________________________

____________________________________________________________________________________________________________________________________________

How does this quote help your defense statement? How does this quote relate to your case? ____________________________________________________________

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Quote #3: _____________________________________________________________

______________________________________________________________________

____________________________________________________________________________________________________________________________________________

How does this quote help your defense statement? How does this quote relate to your case? ____________________________________________________________

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Class Set

Albert J. Luthulie, winner of the Nobel Peace Prize in 1960: “[Apartheid] is a museum piece in our time, a hangover from the dark ages…a relic of an age that everywhere else is dead or dying…These ideas survive in South Africa because those who sponsor them profit from them.”

Archbishop Desmond Tuto, South African leader, winner of the Nobel Peace Prize in 1984, spokesperson for non-violent Christian opposition to apartheid:

"For goodness sake, will they hear, will white people hear what we are trying to say? Please, all we are asking you to do is recognise that we are humans too."

- New York Times, 3 January 1985.

"I am not interested in picking up crumbs of compassion thrown from the table of someone who considers himself my master. I want the full menu of human rights"

- Today, NBC, 9 January 1985.

"We who advocate peace are becoming an irrelevance when we speak peace. The government speaks rubber bullets, live bullets, tear gas, police dogs, detention, and death"

- Sunday Times Magazine UK, 8 June 1986.

Nelson Mandela, first black president of South Africa, jailed for 27 years for speaking out against aparthied. “During my lifetime I have dedicated myself to this struggle of the African people. I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal which I hope to live for and to achieve. But if needs be, it is an ideal for which I am prepared to die.”

- Statement from the Dock, 1964

Steve Biko, leader of the anti-apartheid movement and the Black Consciousness movement: “Black consciousness is an attitude of the mind and a way of life, the most positive call to emanate from the black world for a long time. Its essence is the realization by the black man of the need to rally together with his brothers around the cause of their oppression—the blackness of their skin – and to operate as a group to rid themselves of the shackles that bind them to perpetual servitude.”

- “The Quest for a True Humanity”, 1978

F.W. DeKlerk, Africa’s last president under the apartheid system: “What is taking place in South Africa is such a deed – a deed resounding over the earth – a deed of peace. It brings hope to all South Africans. It opens new horizons for Sub-Saharan Africa. It has the capacity to unlock the tremendous potential of our country and our region. The new era which is dawning in our country, beneath the great southern stars, will life us out of the silent grief of our past and into a future in which there will be opportunity and space for joy and beauty.”

- Nobel lecture 1993

Opening Defense Statement Outline ~ Class Set

Now it is time to write your opening defense statement for your client. Complete your opening defense statement on a separate piece of paper. Copy this info and fill-in the-blanks to write your speech.

Hello my name is _____________________________ and I represent my client,

(your name here)

_____________, the defendant, in this case. Over the next few minutes, I am going to

(client’s name)

explain to you why my client is innocent in this matter over “breaking” an apartheid law.

Let me first begin by discussing what apartheid is and how it began in South Africa:

______________________________________________________________________

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

(explain definition, history, and the rationale behind apartheid)

Now, according to the police report, my client allegedly __________________________ ____________________________________________________________________________________________________________________________________________

(describe the incident which resulted in client’s arrest)

As a result, my client has been charged with breaking a law: _____________________ ____________________________________________________________________________________________________________________________________________

(identify law by name and number)

I need to explain to you, the jury, why my client behaved liked this: ________________ __________________________________________________________________________________________________________________________________________________________________________________________________________________

Certainly, my client is not the first person or group to protest apartheid laws: _________

__________________________________________________________________________________________________________________________________________________________________________________________________________________

(explain the history of the anti-apartheid movement and include names,

dates, events, and quotes by anti-apartheid leaders)

To further my client’s cause, I’d like to point out how unjust and unfair this law really is. In fact, other countries do not have these kinds of laws. Instead they believe: ________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

(cite examples of laws and ideas that are granted to ALL Americans, be sure to reference either the Declaration of Independence and/or the Bill of Rights)

As you can imagine, living conditions for blacks have been extremely tough and challenging: ____________________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

(explain the living conditions for blacks under apartheid and how those conditions make them feel)

In closing, members of the jury…please keep in mind the following points: ___________

__________________________________________________________________________________________________________________________________________________________________________________________________________________

(final arguments that you want to make to defend your client)

Thank you for your time and I look forward to hearing a non-guilty verdict for my client.

Student Copy

Jury Member Verdict Sheet

If you were a jury member of this case, what would your verdict be and why? Is the defendant innocent or guilty? If guilty, what should his punishment be?

Take into account the following:

✓ Confidence of attorney’s speech

✓ Evidence presented

✓ Personal opinion of the subject

✓ Motivating factors of the speech. What convinced you to determine innocence or guilt?

As a jury member in the Baruti Sahd case, I find the defendant to be _______________

because ______________________________________________________________ ___________________________________________________________________________________________________________________________________________.

If you find the defendant guilty, what should his punishment be? __________________

______________________________________________________________________

_____________________________________________________________________.

I based my decision on the following evidence: ________________________________

______________________________________________________________________

_____________________________________________________________________.

My personal opinion of this subject matter (apartheid) is: ________________________

______________________________________________________________________

_____________________________________________________________________.

The motivating factor that influenced my decision was: __________________________

______________________________________________________________________

_____________________________________________________________________.

-----------------------

1. What law did your client, Baruti Sahd, break? ________________________________

_____________________________________________________________________

2. What is the text of the law? _______________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

3. Why do you think your client broke the law? _________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Controlled:

* ________

* industry

* agriculture

* __________________

* military

* __________________

Held:

* _____________ jobs

* secondary _____________

* couldn’t ______________

* Denied:

- __________ neighbor-

hoods

- ___________ facilities

What American ideas and laws do the South African apartheid laws break?

1. ________________________________________________________________________________________________________________________________________________________________________________________________________________________

a. How does apartheid policies break this law/idea?___________________________

_______________________________________________________________________________________________________________________________________________________________________________________________________________

2. ________________________________________________________________________________________________________________________________________________________________________________________________________________________

a. How does apartheid policies break this law/idea?___________________________

_______________________________________________________________________________________________________________________________________________________________________________________________________________

3. ________________________________________________________________________________________________________________________________________________________________________________________________________________________

a. How does apartheid policies break this law/idea? __________________________

_______________________________________________________________________________________________________________________________________________________________________________________________________________

cut & paste lecture notes into spiral-bound notebook

cut and paste reading into spiral-bound notebook

cut and paste reading into spiral-bound notebook

Student Name _______________

Class Name _________________

Date _______________________

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download