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RICHARD W. MSIMANG |
Msimang and two other young advocates, Alfred Mangena
and Pixley ka isaka Seme, were instrumental in the founding of the African
National Congres in 1912 as an expression of developing African political
modernity. Having studied in London at nearly the same time between 1907
and 1911, and in the process becoming great friends, they were conscious
of the importance of participating in the construction of modernity through
activist politics as one of the essential ways of uniting the African people
against imperial and colonial domination. Philosophy of law was their chosen
field in establing political praxis. In their uncompromising advocacy of
practicing a new politics, they were anticipatory of another group of young
New African intellectuals (A. P. Mda, Nelson Mandela, Anton Lembede, Albertina
Sisulu, Jordan Ngubane, William Nkomo, Walter Sisulu, Ellen Kuzwayo) who
founded the ANC Youth League in 1944 as a way of establishing a new consciousness
of political intervention within the parent ANC organization. Richard W.
Msimang's return from England was hailed as an anticipation of new beginnings
by a no lesser figure than Solomon T. Plaatje. This is the reason he gave
ample space to a relatively major and anonymously written biographical
sketch of Msiming in Plaatje's newspaper, Tsala ea Batho. This sketch
was probably written by Pixley ka Isaka Seme partly because it originally
apeared in his newspaper Abantu-Batho and partly because its detailed
nature could only have been written by someone close or had been close
to Msimang. The appreciation begins by acknowledging the importance of
education in any endeavour to enlighten the African people about the necessity
of making progress: "We offer our heartiest congratulations to Mr. R. W.
Msimang, who has been admitted as an Attorney od the Supreme Court of South
Africa (Transvaal Provincial Division). . . . It is here interesting to
note that the new lawyer was one of the first two boys, with whom Mr. Dube
opened his school, and during his stay there he was in the first class
and a head boy----and thus he came into more personal contact and influence
of Mr. Dube, who was largely instrumental to the youth's subsequently going
to England. . . . Those of us, who have been privileged to see Mr. Msimang's
certificates and testimonials feel a sense of pride and admiration at the
remarkable achievements of the youth in not only passing his examinations
but also winning the confidence and appreciation of his principals. We
unhesitatingly predict a great future for him" ("The New Solicitor: Mr.
R. W. Msimang", July 15, 1913). Msimang fulfilled this expected future
promise in several ways. Having present at the founding of the ANC in 1912,
and having an extensive knowledge of South African law, he was the main
author of the ANC constitution adopted in 1919. Perhaps his greatest moment
in South African history was in his touring the country with Solomon T.
Plaatje, after the passage of the Natives Land Act of 1913, documenting
the deep suffering this Act unleashed onAfricans. A direct product of his
intervening was the booklet, Natives Land Act 1913: Specific Cases of
Evictions and Hardships, etc (no date of publication, probably in 1913
or 1914; reprinted by the Friends Of South Africa Library in Cape Town
in 1996). Its specific legal documentation of the evictions of African
people makes it a perfect compliment to Solomon T. Plaatje's Native
Life in South Africa (1916), which is an extraordinary evocation of
the suffering visited on African people. Although Richard W. Msimang was
not part of the 1914 ANC delegation,
which included among others John Dube
and Solomon T. Plaatje, appealing to the British Parliament to repeal the
law, the legal document carried by the delegation detailing the ANC opposition
to the Act, was written by him. It is a fascinating document exhibiting
a brilliant mind: it was published as long article in Tsala ea Batho
("Native Lands Act, 1913: An Appeal To The People of England", June
13, 1914). Richard W. Msimang applied his legal mind to practically all
laws passed by Union Parliament during his lifetime. Consequently one of
the most extensive essays written by him was an analysis of the effect
on Africans of a new Medical Law called the Medical, Dental and Pharmacy
Act of 1928 ("The New Medical Act", Umteteli wa Bantu, December
22, 29, 1928 and January 5, 1929). Without a shadow of a doubt, he was
a great lawyer. Given his several interventions in the form of the Letters
to the Editor of Umteteli wa Bantu, entangling with its columnists
and special correspondents such as Allan Kirkland Soga and Isaac Bud-M'Belle,
Richard W. Msimang deserves to be included in the list of brilliant New
African intellectuals like H. I. E. Dhlomo, his brother H. Selby Msimang,
R. V. Selope Thema, Solomon T. Plaatje who made this newspaper one of the
best in South Africa in the 1920s. Given his extensive knowledge of the
impact of modern legal system on the African people, Richard W. Msimang
deserves to be remembered as the greatest legal mind produced by the New
African Movement.
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