Obituary: Bonisile Sandi, tough lawyer in time of terror

Bonisile Sandi, who has died in Grahamstown at the age of 62, was a "struggle" lawyer in the '80s who after the advent of democracy rose to be a high court judge.

The town which houses Rhodes University was a hotbed of anti-apartheid activism in the '80s and the security police were all over the place.

Police intimidation, harassment, assault, arrests, disappearances, detention without trial and torture were a constant feature. The situation became particularly dangerous and chaotic during two states of emergency.

Sandi was the only black attorney in Grahamstown and surrounding areas for most of this time, and as such found himself in the eye of the storm.

He was the first port of call for most black activists who were arrested. Often they simply disappeared and frantic families would beg Sandi to track them down and do what he could for them.

This meant arranging bail. If this couldn't be done it meant negotiating with often hostile authorities to improve their basic conditions of detention and ensure they were not too badly "interrogated". It meant briefing counsel to defend them in court.

His clients were usually charged under the Terrorism Act or public order violence legislation, which carried lengthy jail terms or even the death sentence. The quality of the brief was often what stood between them being let out or jailed, or getting the rope.

Sandi's clients included the so-called "Queenstown Six", who were sentenced to death after being convicted of murder and public violence for a riot in which people were killed. He briefed counsel, who won them an appeal that resulted in the sentence being overturned.

Among counsel he briefed, in another case involving the current minister of rural development and land reform, Gugile Nkwinti, was the future chief justice, Ismail Mahomed.

He also briefed several advocates who became judges.

In spite of his considerable workload, his briefs were detailed and meticulous.

He worked long hours getting them right. Witness statements were painstakingly collected, and facts were checked and cross-checked to ensure they would stand up in court.

He was famous for being thorough, for the reliability of his work and quality of his briefs. Advocates liked to be briefed by him even if he gave them a tough time, which he often did.

He was never awed by seniority. He had a mind of his own.

He was not the kind of attorney who, as a matter of course, accepted the proposals and suggestions made by counsel. He would have vigorous, sometimes very heated and occasionally acrimonious, debates with counsel about strategy, which, many of them would later admit, often resulted in a better outcome for the client.

He got away with it because they respected his legal knowledge.

Calls for his assistance came from places like Cradock, Queenstown, Port Alfred, Port Elizabeth and the relatively new township of Motherwell.

Sandi was born on a farm outside Grahamstown on January 30 1955. He graduated in law at the University of Fort Hare.

As the only black attorney in Grahamstown he was considered a gateway to the profession for aspiring black lawyers in the region, almost all of whom were admitted to the profession through his office and at no cost.

At a time when black law firms had few resources and little support, he trained a number of candidate attorneys who went on to achieve great success.

Largely because of his contribution to the struggle, the National Association of Democratic Lawyers nominated Sandi to the bench.

He was one of the first black judges to be appointed in the Eastern Cape Division. He was appointed in an acting capacity in 2000 and became a permanent judge of the high court in 2001.

Sandi, who died in his sleep at home, is survived by his wife Norma and three children.

1955-2017