The Land is Ours

by Tembeka Ngcukaitobi

The Land Is Ours tells the story of South Africa’s first black lawyers, who operated in the late nineteenth and early twentieth centuries. In an age of aggressive colonial expansion, land dispossession and forced labour, these men believed in a constitutional system that respected individual rights and freedoms, and they used the law as an instrument against injustice.

The book follows the lives, ideas and careers of Henry Sylvester Williams, Alfred Mangena, Richard Msimang, Pixley ka Isaka Seme, Ngcubu Poswayo and George Montsioa, who were all members of the ANC. It analyses the legal cases they took on, explores how they reconciled the law with the political upheavals of the day, and considers how they sustained their fidelity to the law when legal victories were undermined by politics.

The Land Is Ours shows that these lawyers developed the concept of a Bill of Rights, which is now an international norm. The book is particularly relevant in light of current calls to scrap the Constitution and its protections of individual rights: it clearly demonstrates that, from the beginning, the struggle for freedom was based on the idea of the rule of law.

Genres: South Africa, Nonfiction, Law, History, Africa, Politics, Race

328 pages, Paperback

Published January 1, 2018

Reviews

[Francois Lion-Cachet · Rating 4 out of 5]

Unlike the sensationalist headline would make one believe, this book is filled with a lot of well-researched historical information about South Africa’s first black lawyers and their major contribution to the birth of constitutionalism in South Africa. It is nuanced and dense, inserting depth into current day issues and conversations.

[Molebatsi · Rating 5 out of 5]

Thembeka Ngcukaitobi's The Land is Ours is timely book. I came out when the Big Land Debate has started. This is the Book that belongs to every household and every student.

[Makgatla Thepa-Lephale · Rating 5 out of 5]

I once read the book with similar title by Dr. Motsoko Pheko although the books have different contents they are both historical. Pheko adressed the issue of land dispossesion as far as 16th Century while Ngcukaitobi address it from 19th to 20th Century. Pheko adresses the political legacy of Prof Mangaliso Sobukwe while Ngcukaitobi adresses the politico-legal legacies of first black lawyers. Ngcukaitobi speaks about how the land was lost while Pheko speaks about how the people of Azania were dispossed. Both books are interesting and detail the history of great South Africans who laid a foundation for the country. However below are my findings of Ngcukaitobi's book after comparing it with the one for Pheko.
The cover of the book is beautiful and attractive to the reader and the title speaks to the contents. The book is well researched and its more academic. Its the type that one can reference academic work with. The wording is easy to read and not full of bombarstic words. It appeals to even those who did not study law. What I love about the book is that it details the legacy of great men who contributed immensely in the constitutional work of the country in particular the bill of rights. We often read about politicians and where they come from so the book is breath of fresh air because it speaks of great men who laid solid foundation for the legal fraternity in the country and how these men belived in the constitutional system. How they beileved that their knowledge of the law would help them fight injustices at that time. I found the book informative and enlightening about the history of this country with regard to constitutionalism. Although the book is great, I think more could have been said around the issue of land question. I think the chapter on how the land was lost could have been more expanded. I would recommend the book to anyone since its a great book written by the great intellectual. After reading the book, it explains why Ngcukaitobi is a legal eagle, the man is a reasercher and scholar. He surrounds himself with great scholars like himself, I got to know from the acknowledgement section that he is friend with the great Dr. Lwazi Lushaba who is equally an intellectual.

[Nonhlanhla Ngwenya · Rating 4 out of 5]

The land is ours, is a historical masterpiece of how the desire for constitutionalism landed in South Africa. The popular narrative of South African history for born free's is that aspirations for constitutionalism are located primarily in the release of Nelson Mandela. However, this book provides insight into how constitutionalism is more than a single generation ideal but is embedded in struggle history and its promise of shared values of equality for all.  

The book is divided into three parts, first part accounts of how the land was lost. In addition, the author provides a poignant account of the manner in which land was lost by specific ethnic groups in southern Africa.

The second part of the book looks at the lives of certain black lawyers in South Africa, including the "first one" who was of Caribbean descendant.

The final part of the book deals with common knowledge. In particular, it examines the effects of colonisation on Zuid Afrika and the impact of the adoption of the Atlantic Charter by black South African lawyers. It also examines how the onset of apartheid left them hungry for the fulfillment of the promises of the Atlantic Charter to come true.

This book is abound with  copious amount of references that were crucial  in showing meaningful research by the author. I read this book with a dictionary in hand and Google at my fingertips. I would highly recommend this book to anyone, students, academics, intellectuals, indigents, women, you ,everybody.Looking forward to reading more books by the author.

[Charlie Minglez · Rating 5 out of 5]

Historical information in abundance. For those who enjoy reading on politics, laws and history, this is a good read to get more knowledge on the subjects. I loved every minute I spent with this book and would do it all over again in future.
I have learned some valuable lessons regarding the careers of the first black lawyers and their experiences and contributions during the apartheid era. Some of their stories are quite inspiring.

[Cindy · Rating 5 out of 5]

The author was recommended to become a Senior Counsel in South Africa after just 8 years of becoming an advocate in a profession where the minimum period required is 12 years of service before an advocate is considered.

In his book, “The Land is Ours: South Africa’s First Black Lawyers and the Birth of Constitutionalism”, Tembeka tells the story of the first black lawyers who practiced in the late 19th and early 20th centuries. The book follows the careers of Henry Sylvester Williams (first Black man to be called to the bar in the Cape Colony), Alfred Mangena (first Black African in South Africa to qualify as an attorney), Richard Msimang (first black South African to qualify as a solicitor of England and Wales), Pixley ka Isaka Seme among others who were at the forefront of establishing the SANNC which later became ANC.


The stories evolve around their lives abroad where they went in search of education and their experiences back home when they returned with the aim of building up legal resistance against loss of land by the natives in South Africa. These lawyers faced racial discrimination in South Africa, their mistake being in a profession that was deemed to be for Whites. Their academic qualifications did not matter and a black attorney was regarded as a rarity and even a curiosity. “When black attorneys appeared in court, the court would be crowded, filled with curious white lawyers and black spectators. Many white lawyers came to witness the spectacle of a black lawyer in court, while blacks attended as a gesture of support.” This discrimination and work overload led to the downfall of these lawyers who had brilliant ideas for the redemption of their country.

The book is well researched and it would offer guidance for someone who would be interested to learn more about what transpired during the period leading to apartheid. It gives details on the radix of Pan Africanism, the establishment of SANNC, which was later known as ANC and its role during establishment. The book also covers constitutionalism and the author gives his opinion on how constitutionalism did not cure the political struggle and this unfinished struggle for land can only take place through a framework of the law.

[Sakhe Mdikane · Rating 4 out of 5]

Thoroughly enjoyed it. Especially the chapter about Richard Msimang. It’s a book that I had in my bookshelf but only read after 3 years. I realise that I needed to read it because it shed the light on the exact mechanics of land dispossession in South Africa. How ordinary people were affected by the Native Land Act of 1913 i.e., the sudden eviction notices, nowhere to go with your livestock and possessions, and facing the option of moving to often far away native reserves or working for the new ‘landowner’ as a labour tenant. The book is not only about land, in fact on land, it speaks about how black people violently lost their land and their efforts to reclaim it via nonviolent means, central to this was the law in an unjust land. It’s about the betrayal by the British. It’s also about how black people have mostly always been open to sharing the country with white people as early as the 1900’s.

[Monene Moila · Rating 3 out of 5]

“The Land is Ours” is an incredibly well-researched and factual book that offers a deep dive into the complexities of land ownership and legal systems in South Africa.

While I appreciated the thoroughness of the research and the insight into the historical context, I found the legal concepts challenging to fully grasp. The book dives into legal jargon that, for me, made parts of it difficult to follow.

Despite this, the book is invaluable for anyone interested in understanding land struggles, as it presents a comprehensive and important analysis of a vital issue.

[Ed Stoddard · Rating 4 out of 5]

Ngcukaitobi may be an advocate by trade but he is also well versed in the historian's craft. An insightful look at the roots of South Africa's liberal constitutional order at a time when it is under potential threat by reactionary and populist movements.

[Jack Calland · Rating 4 out of 5]

A fascinating history of conflict over land on the colonial 'frontier' in South Africa, combined with a defence of the law and constitutionalism as tools for progress and resistance, this was a very enjoyable read from Advocate Ngcukaitobi.

[Thokozani · Rating 5 out of 5]

Great book. Every black South African must read this book. It will all make sense why there’s a land debate today and why land is important to every African living in South African

[Molefe · Rating 5 out of 5]

An eye opener to untruths read before

[Sicelo · Rating 3 out of 5]

Highly informative. The books details the struggle of the educated professionals specifically those is law during apartheid South Africa

[Lemogang · Rating 1 out of 5]

Is difficult for me to comend cz i have never read the book yet

[Molefi]

This book is deeply important. It is a deep dive into South Africa's painful past. However, it is also inspirational where we meet men and women, who have been forgotten, and who worked tirelessly against the system and achieved great success.
It is not a manual on land, but it gives a great perspective on the unjust laws that were created to victimise and uproot many people from their homes.
It is a must read.