INDEX ON CENSORSHIP 6/82
only decide if the Minister acted in
good faith. In all other cases he rules
on the exempt clauses in the law
(those sections which set out what
information is exempt from release)
with the final exception of Cabinet
discussions and decisions over which
the judge has no say. This final
exemption was introduced by the
government after two provincial
court cases which ruled Cabinet
documents must be presented to the
courts. In one particular case in
British Columbia the judge ordered
Cabinet Ministers to appear before
the court in camera to discuss what
had been said in Cabinet concerning
the case.
Prime Minister Pierre Trudeau
said that this most of all worried him
and he was of the belief if the Bill had
not been amended then Cabinet responsibility would have been eroded.
He said it would have put an undue
restraint on free discussion in
Cabinet with Ministers worrying
over what they said might become
subject to publication in court.
The Bill itself calls for the burden
of proof to be on the Government to
show why information should not be
released; has a time limit of twenty
working days for the information to
be produced; requires a fee of £10
for the release of the information
(though a civil servant may waive
this if it is felt it is being released in
the public interest; with the strongest
feature being the creation of an
Information Commissioner to deal
with complaints, and information
denials.
This creates a two tier appeal
mechanism in the event of a denial of
information. The Information Commissioner will be appointed by the
Crown and directly responsible to
Parliament to whom it must report
once a year. The person will have
quasi-judicial functions and will be
able to see any information requested, enter any government
premise and call witnesses. Any
witness who fails to appear can be
cited for contempt of court. In
addition the Commissioner may
then recommend release of information but the final decision rests
with the Minister. If the Minister
denies access despite the Commissioner's decision there is then an
appeal to the Federal Court of
Canada. The Information Commissioner may lodge an appeal on behalf
of the applicant denied information
and may also testify in the case.
It is estimated that 90% of the
cases of information denial will be
handled by the Information Commissioner. The two tier system was
originally set up (rather than a first
direct review to the courts) in order
not to overload the courts with cases
and to save money. The final appeal
is to the Supreme Court of Canada
by leave..
The struggle for freedom of
information has been a long one in
Canada with pressure coming from
all sectors of society including
unions, associations, business, the
legal profession, the media and
parliamentarians of all parties. It has
been widely acclaimed in Canada as
an extremely progressive step.
In Britain advocates see it as an
instrument that cannot but help the
fight for such laws in the UK.
Peter Hennessy of The Economist,
a long-time crusader for more
openness in government in this
country, said the passage of the
Canadian Bill 'has blown skyhigh
the classic Whitehall alibi for more
administrative secrecy. In the past,
British ministers and senior officials
have been able to say what was good
for Washington was not good for
London because of our different
democratic traditions.'
Hennessy went on to point out
that 'Ottawa is built on the
Westminster model of Parliamentary democracy and an impartial career civil service. By destuffing itself of a n c i e n t
constitutional nonsense, designed
simply for the convenience of civil
servants and politicians in power at
any given moment Ottawa has
become a beacon for supporters of a
Freedom of Information Bill.'
The Access to Information and
Protection of Personal Information
Act — so called as it also
incorporates the already existing
privacy act into the new law, giving
the individuals the right to see their
own files and make corrections of
false or erroneous information —
will become operational early in
1983. The government will announce
the date once an Information and
Privacy commissioner has been
appointed.
Canada is the second Commonwealth
Federal
Parliament
to pass such a law this year,
Australia having proclaimed her
Freedom of Information Bill on 11
M a r c h . T h a t law b e c a m e
operational on 1 October.
With two laws now in place with a
parliamentary system of government
it has taken the wind out of the sails
of those here in the UK, including
politicians of all political parties,
who say such a law is just not
constitutionally possible. Canada
and Australia have proved them
wrong."
Tom Riley
BOOKS
Protest and change in South Africa
Explaining the politics of Islam
Danger and hope
Liz Gunner
A Ride on the Whirlwind
by Sipho Sepamla
Longman (Drumbeat) 1982
Ad. Danker Johannesburg 1981
The Children of Soweto
by Mbulelo Mzamane
Longman (Drumbeat) 1982
Cross of Gold
by Lauretta Ngcobo
Longman (Drumbeat) 1981
Censorship is a constant threat to all
South African writing, and black
South African writers such as Sipho
Sepamla, Mbulelo Mzamane and
Lauretta Ngcobo are in the front line
of writers whose work risks the
censor's ban. All three of their novels
were initially banned on publication
in 1981 and 1982. All deal with the
situation of black people in South
Africa, with protest, and with
attempts to change the status quo.
Yet the handling of the material
bears the stamp of three very
different writers.
A Ride on the Whirlwind is the
second novel by the Soweto poet,
playwright and novelist, Sipho
Sepamla (See Index 4 / 1982). He
shapes the book around the Soweto
uprisings of 1976, dedicating it
. To the young heroes of the day
they who now languish in jail
who ride the whirlwind
abroad . . .
It focuses on a group of young
activists,- school students who are
almost overnight thrown into the
front line of revolt against the
formidable might of the South
African state. The unity of this
courageous if at times naive and
haphazard group is threatened when
their leader, Mandla ('Strength')
meets the cool, arrogant and reckless
freedom fighter newly arrived from
Dar and known simply as 'Mzi'. The
younger Mandla is dazzled by Mzi's
dedication and expertise. For the
first time he acts without consulting
his group and assists Mzi in blowing
up a Soweto police station. As police
pressure to locate Mandla and his
group intensifies, morale begins to
crack. Sepamla shows the psychological strains of underground resistance on individuals and the workings
of informers such as Noah
Witbaaitjie who collects gossip from
loose-mouthed drinkers at his bar
and passes it to the police by walkietalkie. Besides providing careful
portraits of Mzi, the more cautious
Mandla and the older generation
activist, Uncle Ribs, Sepamla shows
what happens to those such as Sis
Ida who help the students knowing
the risks and likely consequences.
Indeed, Sepamla graphically outlines just how great the dangers are.
His policemen — Colonel Kleinwater
the stammerer Major Hall, and the
infamous 'Praatnou' (Talk Now')
— are distinct, finely drawn individuals, so conscientious that they will
not — and know they need not —
stop at anything in their methods of
interrogation. How the students and
the warm-hearted Sis Ida fare in
detention is one of the most poignant
and skilful sections of this powerful
study of young revolutionaries and
their ruthless opponents.
Mzamane's Children of Soweto
presents the events of June 1976 with
the greatest immediacy possible.
With an ear for the rich varieties of
language in polyglot Soweto, he
gives the reader snatches of tsotsitaal, the street argot of the young,
together with sonorous phrases of
Zulu and Xhosa. Immediacy also
comes from his inclusion of the
stirring freedom songs of the young
marchers and organisers of this
'children's revolution'. In Book One,
'My
Schooldays
in Soweto',
Mzamane shows secondary school
students learning how to become
political activists, wrestling with
theory and indigestible texts in a
society which can provide them with
no immediate models or easily
accessible sources of inspiration.
In a style reminiscent of Can
Themba he presents the comic pair
of conscientious if frequently tipsy
teachers, Phakoe and Pakade, who
were seen 'whenever they passed our
house from Shirley Scott's, swaying
from side to side like herdboys
driving wayward goats'.
The comic and the ridiculous
come to the fore again in Book Two,
'The Day of the Riots'. This centres
on the white Johannes Venter who
has to be hidden in his driver's
coalhole in Soweto and is later
driven to his white Johannesburg
suburb in the boot of the company
car. Against this near slapstick
comedy Mzamane sets a child's
account of a burning police station
and the songs of the driver's two
41
INDEX ON CENSORSHIP 6/82
small children. The father asks in
vain for the safe hymn 'Rock of Ages
cleft for me', they can only offer the
songs of the 'Black Power children'.
It is children, Mzamane suggests,
who are showing their elders the
way.
In the final and longest section,
'The Children of Soweto*, Mzamane
focuses on the fatal shooting of a
student leader called, symbolically,
Muntu ('Person'). He gives a
graphic, diary-like account of the
activities of a group of students after
their friend's death and after they
have destroyed buildings which were
for them 'all the despicable symbols
of authority'. In spite of using a
death, a wake and a funeral as its
groundmotif, this section provides a
positive picture of those turbulent
days. The 'children of the hour' are
seen as young heroes whose deeds
will be recalled together with those of
earlier black leaders such as
Ntsikana, Dube, Luthuli and
Sobukwe. At the funeral, the singing
of the national anthem, the rallying
cries of the older political movements and of the students show that
a new and broader solidarity has
sprung from the flames of Soweto.
As a work of fiction, the book is at
times too clogged with detail and
lacks the taut structure which makes
Sepamla's novel such good political
art. Yet it remains an important
record of those times and of the
aspirations and achievements of the
'children'.
Lauretta Ngcobo's Cross of Gold
has a much wider sweep in time,
locale and ideology than the other
two novels. Whereas these concentrate on Soweto in 1976, Ngcobo
spans earlier political events, from
the miners' strike of 1946 to the
Sharpeville shootings of 1961. In her
broad sweep of locale, she rests
briefly in Botswana, includes location life and devotes a significant
section of her novel to life in rural
Zululand. Her theme is revolution.
We witness the slow but sure growth
of revolutionary consciousness in the
young Mandla Zikode, a rural boy
who endures imprisonment, the degradations of farm prison labour
and then the poverty of Sharpeville.
Unlike Mzamane's gregarious and
chatty students, Ngcobo's central
character is a lonely figure who for a
large part of the novel observes and
learns, but in a passive, suffering
way. Only when he is away from the
location and the city, resting in the
deceptive peace and beauty of his
rural home, is he able to face up to
the challenge of life as 'a vessel of
revolution'. Ngcobo's first-hand
knowledge of urban and rural South
African life enables her to give the
reader a dense collage of the
humiliation and agony experienced
by many black South Africans. But
in this her first novel she packs in far
too much detail and too much talk.
She fails to sustain the expectations
42
created in a brilliant and economical
opening chapter where a lonely
mother waits on the Botswanan
border for her two sons.
The amount of detail and
explanation that the exiled Ngcobo
includes in Cross of Gold raises the
crucial question of audience and
readership for these three novels.
Did Ngcobo write assuming her
book would be banned — as indeed
it has been? How different is it for
being aimed primarily at a nonSouth African audience? The way in
which censorship successfully dislocates a whole literary tradition is
evident in the fact that works of
earlier black South African writers
such as La Guma, Abrahams and
Temba are to this day largely
unknown, unread and undiscussed in
their own country. For a book to be
banned means (even if a few copies
circulate) that it cannot appear on a
school or university syllabus and
cannot therefore be read when many
are at their most receptive to new
ideas and influences. Recent news of
Sepamla's successful appeal against
the banning order on A Ride on the
Whirlwind is of tremendous importance for South African writers and
readers. It provides a fresh impetus
to the growing strength of black
writing within the country. It means
also that there is still hope for fiction
as an art form in the present
renaissance of South African
literature."
Exploring Islam
Anthony Hyman
Faith and Power. The Politics of Islam
by Edward Mortimer.
Faber and Faber. 1982 £5.95 (paperback) 432 pp.
'Instant, warmed-up orientalism' is
how Edward Mortimer assesses his
own and other journalists' reporting
to the Western public of the Islamic
Revolution in Iran from the autumn
of 1978 — recalling that he had not
paid serious attention to Islam until
this recent date. Such modesty,
though it may seem unlikely coming
from a leader-writer of The Times, is
evident throughout the book. Here
we do not have the ringing tones and
judgments of The Times leaders,
linked as they must be to that
venerable institution's conviction of
moral certainty and superb
objectivity. Mortimer appears to be,
somewhat inhibited also by his
general agreement with the wellpublicised strictures of Europeans
writing about Islam by Professor
Edward Said, (Orientalism, 1978,
and Covering Islam, 1981). The
inevitable result of this combination
of modesty and guilt is caution.
Mortimer carries along the reader in
exploring the politics of Islam not by
infectious enthusiasm or new
insights, but by sober and objective
analysis and reporting on the main
themes of the subject.
The book tackles a vast and
complex subject, starting with a long
historical introduction, and going on
to six case studies on 'Islam, State
and Nation in the Twentieth
Century'. The choice of countries is
Turkey, Saudi Arabia, Pakistan,
Iran, Soviet Central Asia —
countries. which form the historic
heartland of Islam — and includes
the general theme of Arab nationalism and the Muslim Brotherhood
movement. By far the most detailed
and illuminating is the section on Iran
— hardly surprising in the light of
Mortimer's own personal experience.
The popularising nature of the
venture is apparent not only in the
style but also in the breadth of topics
touched in the book. Much of the
history is of the first decades of the
twentieth century or earlier, ably
summarised and relevant to the
present though it often is. Potted
history based on reliable secondary
sources is not perhaps what the
author intended, or is indeed best at.
Where he allows himself liberty to
think for himself and speculate on
the present situation in the Islamic
heartland, Mortimer excels. He has
assembled a great deal of information, and communicates it in this
book to an ideal reader of the
'general public'; someone interested
in or curious about everything —
even Islam — but not overmuch;
someone who, perhaps, even reads
The Times, without, however, retaining a distinct memory of articles
about the Middle East.
Mortimer and his publishers are
undoubtedly right in aiming at this
large public, which would benefit by
reading this carefully balanced book.
The subject is an important one, and
its treatment here eloquently reveals
how disparate, divided, and ultimately unique are the different
Muslim .countries analysed in the
book. Islam has a different significance in each, evidenced in history,
politics, geography, culture, social
and economic structures. The political interpretations of Islam are
legion, and even the traditionalist
interpretation of fundamentalist
Muslims, though dominant conspicuously since the Iranian Revolution, has many different prophets,
and many challengers still from
Liberal, left-wing and conservative
Muslim circles.
Mortimer's is a sceptical conclusion, at least in so far as it treats
Western (and indeed Muslim)
notions of Islam as a geopolitical
force. Islam as such is regarded as
neither a menace to the West nor as a
potential ally against — or with —
Soviet communism. Mortimer
writes: 'Islam is a political culture: it
often provides the form and the
vocabulary of political action. It can
greatly s t r e n g t h e n p e r s o n a l
commitment to a cause. But it is not
in itself a sufficient explanation for
the commitment, or a sufficient
content for the cause.'
There are certainly some readers
who will not be satisfied by this
conclusion. Is Islam nothing more
than a political culture? Has Mortimer sidestepped some important
issues which deserve fuller
treatment? He has rightly stressed
the interaction of Islam and nationalism in the political culture of the
region covered. In each of these
Muslim lands, a different form of
Islam is asserted, varying according
to the genius of the history and
culture of the peoples. Islam is shown
to be a mode of political expression,
rather than a dominant, monolithic
factor in Muslim societies. Islam has
always been identified by Muslims
with so many mutually contradictory ideas — from freedom,
revolution, tolerance and progress to
tradition and the status quo — that
its very breadth has made it virtually
useless as a tool for analysis.
This book follows previous surveys by Westerners of trends in the
Muslim world, from Gibb's Modern
Trends in Islam. 1947, Cantwell
Smith's Islam in Modern History,
1957, and on through many others to
G. H. Jansen's elegant (and somewhat uncritical) Militant Islam in
1979. Such 'fact books' differ fundamentally from the approach of the
novelist V. S. Naipaul, who gave a
remarkable account, dark and
sombre, gloomy but poignant, last
year in his book Among the Believers,
an Islamic Journey. Naipaul too
came only recently to be interested in
Islam, but he has hardly gone to such
pains reading or trying to understand intellectually the travails of
Muslim societies. It is Naipaul's
natural shrewdness and intuition
which guide him through the lands
of Islam, aided by his gift for clear
exposition, conveyed with wit and a
streak of malice. Naipaul gives lively
portraits of individual Muslims in
their home settings, and only
through this gallery of individuals
does he attempt to explain the
impact of ideas in the Muslim world.
Often however Naipaul's intuition is
incapable of grasping more than the
hollow elements of an alien culture,
yielding a caricature of Muslim
society.
Poles apart as the books of
Mortimer and Naipaul are, yet both
authors profess to be more interested
in understanding Muslims as people,
rather than the abstract - force of
Islam; or, more accurately, they seek
to explain Islam by showing how
individual Muslims behave. Their
approaches are different but complementary, illuminating many dark
corners of a subject where outsiders'
apathy and ignorance, quite as much
as prejudice, reign supreme."