Donald Barkly Molteno (13 February 1908–1972), known as Dilizintaba ("He who removes mountains"), was a South African parliamentarian, constitutional lawyer, champion of civil rights and a prominent opponent of Apartheid.
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments.
Apartheid was a system of institutionalised racial segregation that existed in South Africa and South West Africa (Namibia) from 1948 until the early 1990s. Apartheid was characterised by an authoritarian political culture based on baasskap, which ensured that South Africa was dominated politically, socially, and economically by the nation's minority white population. According to this system of social stratification, white citizens had the highest status, followed in descending order by Asians, Coloureds, and black Africans. The economic legacy and social effects of apartheid continue to the present day.
He was born on 13 February 1908 in Cape Town, in the then Cape Province of South Africa, into a family with a long tradition of political involvement and public service in the Cape (his grandfather, John Molteno was its first Prime Minister).
Cape Town is a legislative capital of South Africa. Colloquially named the Mother City, it is the primate city of the Western Cape province. It forms part of the City of Cape Town metropolitan municipality.
The Province of the Cape of Good Hope, commonly referred to as the Cape Province and colloquially as The Cape, was a province in the Union of South Africa and subsequently the Republic of South Africa. It encompassed the old Cape Colony, as well as Walvis Bay, and had Cape Town as its capital. Following the end of the Apartheid era, the Cape Province was split up to form the new Eastern Cape, Northern Cape and Western Cape provinces, along with part of the North West.
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by 2,798 kilometres (1,739 mi) of coastline of Southern Africa stretching along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini (Swaziland); and it surrounds the enclaved country of Lesotho. South Africa is the largest country in Southern Africa and the 24th-largest country in the world by land area and, with over 57 million people, is also the world's 24th-most populous nation. It is the southernmost country on the mainland of the Old World or the Eastern Hemisphere. About 80 percent of South Africans are of Bantu ancestry, divided among a variety of ethnic groups speaking different African languages, nine of which have official status. The remaining population consists of Africa's largest communities of European, Asian (Indian), and multiracial (Coloured) ancestry.
He attended Diocesan College and Cambridge University, where he graduated in 1930 with Honours in Law and was called to the Bar at the Inner Temple. After practising law for a time in London, he returned to South Africa in 1932 and was admitted as an advocate to the Bar of the Cape Provincial Division of the Supreme Court of South Africa. He was made a Q.C. in 1952 and practised at the Cape Bar until 1964.
The Diocesan College, or Bishops as it is more commonly known, is an independent day and boarding all-boys school situated in the suburb of Rondebosch in Cape Town, South Africa. The school was established in 1849 by Robert Gray, Bishop of Cape Town.
The Honorable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, a person must belong to one of these Inns. It is located in the wider Temple area of the capital, near the Royal Courts of Justice, and within the City of London.
He was also President of the Cape Bar Council from 1961 to 1963.
Molteno was involved in anti-Apartheid politics from a young age. In 1937 he was approached by the ANC, who asked him to represent them in the House of Assembly.
He was elected a Member of Parliament at the age of 29, representing the Western Cape constituency for 11 years until 1948. During this time he was an exceptionally prominent and active MP in the opposition. He was a member of the Civil Rights League, Cafda and the Cape Joint Council of Europeans and Bantu. He was also the regional representative on the South African Institute of Race Relations in the Western Cape in 1936, and was its president from 1958 to 1960.
The Western Cape is a province of South Africa, situated on the south-western coast of the country. It is the fourth largest of the nine provinces with an area of 129,449 square kilometres (49,981 sq mi), and the third most populous, with an estimated 6.6 million inhabitants in 2018. About two-thirds of these inhabitants live in the metropolitan area of Cape Town, which is also the provincial capital. The Western Cape was created in 1994 from part of the former Cape Province.
It was partly due to his fight against the segregationalist policies of J. B. M. Hertzog that he acquired the Xhosa name Dilizintaba ("Remover of mountains").
He went on to become the first chairman of the Liberal Party of South Africa's constitutional committee before he joined the Progressive Party (South Africa) and became chairman of its constitutional policy commission as well. He was also one of the Counsel engaged in the constitutional cases questioning the powers of the Union Parliament of South Africa after the passing of the Statute of Westminster in 1931.
Molteno was a supporter and the main legal advisor of the Black Sash movement, from soon after it began in 1955. The movement later wrote of him: "He taught us all we had to know about Civil Rights, about the inequities and iniquities of the pass laws and influx control...; and so very much more. His knowledge and experience illuminated all our efforts to inform and educate ourselves and the South African public." (The Black Sash, Feb. 1973)
Mr Molteno was a member of the University of Cape Town Council (from 1951 to 1960) as well as a part-time lecturer in Constitutional and Administrative Law at that institution. He lectured full-time at the Department of Roman Dutch Law from 1964, and in 1967 was appointed Professor of the newly created Department of Public Law.
Molteno was appointed Dean of the Faculty of Law in 1970 - a position he held until his death in 1972. 515) described him as, "a man of great humanity, as well as of brilliant intellect."He left two children by his first wife Veronica Strömsöe and three by his second wife Mary Fleet Goldsmith. The Dictionary of South African Biography (Vol.5, p.
He appears as a character in the novel Ah, but Your Land is Beautiful by his colleague and contemporary Alan Paton.
Richard Joseph Goldstone is a South African former judge. After working for 17 years as a commercial lawyer, he was appointed by the South African government to serve on the Transvaal Supreme Court from 1980 to 1989 and the Appellate Division of the Supreme Court of South Africa from 1990 to 1994.
Liberalism in South Africa was not formally organised until 1953, although there was some liberal tradition in parties present at the time. This changed in 1953 with the formation of the anti-Apartheid Liberal Party of South Africa, which was multi-racial. A second liberal tradition started in 1959 with the forming of the Progressive Party.
The Black Sash was a non-violent liberal white women's resistance organisation that was founded on 19 May 1955 in South Africa by Jean Sinclair, Ruth Foley, Elizabeth McLaren, Tertia Pybus, Jean Bosazza, and Helen Newton-Thompson.
The system of racial segregation in South Africa known as apartheid was implemented and enforced by many acts and other laws. This legislation served to institutionalise racial discrimination and the dominance by white people over people of other races. While the bulk of this legislation was enacted after the election of the National Party government in 1948, it was preceded by discriminatory legislation enacted under earlier British and Afrikaner governments. Apartheid is distinguished from segregation in other countries by the systematic way in which it was formalised in law.
Harry Heinz Schwarz was a South African lawyer, statesman and long-time political opposition leader against apartheid in South Africa, who eventually served as the South African Ambassador to the United States during the country's transition to majority rule.
Peter Ralph Randall was an anti-apartheid publisher in South Africa, and was banned by the former South African government between 1977 and 1981. He later became a professor in charge of teacher education at the University of the Witwatersrand, Johannesburg.
Johann Christiaan Kriegler is a retired justice of the Constitutional Court of South Africa.
Pierre Francois de Vos is a South African constitutional law scholar.
Percy Alport Molteno was a Cape Colony-born lawyer, director of companies, politician and philanthropist who served as a Liberal Member of Parliament (MP) from 1906 to 1918.
Molteno is a town in the Eastern Cape province of South Africa.
The Mahlabatini Declaration of Faith was a statement of core principles laid down by South African political leaders Mangosuthu Buthelezi and Harry Schwarz on 4 January 1974. It was signed in Mahlabatini, KwaZulu-Natal, hence its name. Its purpose was to provide a blueprint for government of South Africa by consent and racial peace in a multi-racial society, stressing opportunity for all, consultation, the federal concept, and a Bill of Rights. It also first affirmed that political change must take place though non-violent means. It was the first agreement in apartheid South Africa by acknowledged black and white political leaders that subscribed to such principles. Final negotiations, which embodied many of the Declaration's principles, took place between President F.W. de Klerk and Nelson Mandela in the early 1990s.
John Mowbray Didcott (1931–1998) was a South African lawyer, judge and a Justice of the Constitutional Court of South Africa from the court's opening on 14 February 1995 until his death. Didcott was known for his firm support of human rights during 23 years on the bench in and after the apartheid era.
Mahmood Mamdani, FBA is a Ugandan academic, author, and political commentator. He is the director of the Makerere Institute of Social Research (MISR), the Herbert Lehman Professor of Government at the School of International and Public Affairs, Columbia University and the Professor of Anthropology, Political Science and African Studies at Columbia University.
William Porter (1805–1880) was attorney-general of the Cape Colony and a drafter of its first constitution in 1854.
Penelope (Penny) Andrews is a South African and American legal scholar.
Molteno is a surname of Italian origin. Rare in Italy itself, it is occasionally found in the Italian diaspora. Due to an early presence in Africa and generations of intermarriage, it has also become a South African surname, and it is especially common among Xhosa-speaking people.
Jack Simons was a South African university academic and anti-apartheid activist.