COLLECTIVE SELFHOODS an element in the SOUTH WEST AFRICA case being the testimony of an academic Sou

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COLLECTIVE SELFHOODS an element in the SOUTH WEST AFRICA case being the testimony of an academic South African

Published by
THE SOUTH AFRICA SOCIETY
c/o Barclays Bank
16A Westbourne Grove London, W.2

PREFATORY NOTE
The South West Africa case the longest and probably the most important ever to have received the attention of the International Court of Justice at at The Hague had its beginning when in 1960 the two African former member States of the League of Nations, Liberia and Ethiopia, filed their "Applications" with the Court, alleging, amongst other things, against South Africa, the "Respondent", theid, she had that, by applying in the Mandated Territory her policy of apartheid, violated that provision, Article 2, paragraph 2, of the Mandate which required her to "promote to the utmost the material and moral well-being and the social progress of the inhabitants of the Territory".
For the purpose of their "Submissions", the Applicants defined apartheid as the fact of distinguishing "as to race, colour, or national or tribal origin in establishing the rights and duties of the inhabitants of the Territory
It is not proposed to notice here in detail the stages through which the proceed-ings thereafter went with first of all the filing, by Applicants, of their one-volume Memorials, next, the Court's rejection in December 1962, by eight votes to seven, of Respondent's preliminary objections to its jurisdiction; then the filing. by Respondent, of its ten-volume Counter-Memorial; and then again, by Appli-cants, of their one-volume Reply, answered, by Respondent, with its two-volume Rejoinder; followed then by the opening, in March 1965, of a series of ninety-nine sittings of oral proceedings, culminating in November 1965 in the Court's adjourn-ment to deliberate and make ready its decision
Towards the close of the oral proceedings, witnesses, fourteen of them in all. were called by Respondent to give evidence in support of its case. Last but one of these to appear was Professor C. A. W. Manning, who figured as a specialist in the subject of international relations, described by him to the Court as "a species of political sociology". Professor Manning is Chairman of the South Africa Society, whose first object it is "to study South African affairs"; and it is primarily for its possible interest to the members of this Society that the present publication is issued.
In perusing the series of questions and answers in the pages that follow, the reader is advised to bear in mind:
(a) that the questions are quoted, with minor improvements in punctuation, from the uncorrected and therefore strictly provisional Verbatim Record of the proceedings. They They do not include any such corrections as may subse-quently have been submitted by the speakers concerned, and must not therefore be taken for the definitive version of what those speakers should be understood to have said. They are reproduced here even so, because without them the point of the answers they elicited would not be apparent
(b) that the witness's answers as here recorded are, by contrast, his corrected version of what he may be taken to have said.
(c) that the witness's "evidence-in-chief" was directed solely to a single theme the question, namely, of what the effect would be were the Mandatory to comply, in its administration, with the "standard" of non-discrimination and non-separation" on which in a main part of their argument Applicants had come to depend.
(d) that in their cross-examining of the witness, Applicants were not obliged to confine themselves to matters on which he had claimed to speak as an expert. In so far as they left unchallenged particular answers given by him "in chief" those answers may be considered as having remained unshaken; but the witness might well have preferred to have the opportunity to defend. and so perhaps to reinforce, those answers, in the face of possible efforts to expose them as specious or off the point.

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COLLECTIVE SELFHOODS an element in the SOUTH WEST AFRICA case being the testimony of an academic Sou

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