European Stars And Stripes (Newspaper) - June 24, 1986, Darmstadt, Hesse Page 10 the stars and stripes tuesday june 24,1986 columns & comments Anthony Lewis West should not ignore report on South Africa South Africa must he the most thoroughly studied country on Earth. Statesmen and scholars of All kinds have had their say but Here has been nothing like the Commonwealth Mission to South Africa just concluded. Its work and its findings carry special weight the Commonwealth Mission had unique Opportunity for intensive Dis Cussion with both the White government and the imprisoned Black Leader. Nelson Mandela. The diversity of the group s seven members from ground the world gave it particular credibility. It wan the respect of All sides in South Africa. What did i find it found reason for Hope and reason fur despair. Negotiation is the Way Gui of the country s cruelty and violence the million said but in the Way is not taken the human Price will be appalling and by All signs the government is not ready 10take it. The Mission went 10 see Mandela wary As it says of the mythology sur rounding but the members were deeply impressed. He exuded authority their report says and received the respect of All around him. Including his jailers. He impressed us As an outstandingly Abl and sincere person whose qualities of leadership were self evident. We found him unmarked by my Irace his Long imprisonment the report views the african nation Al Congress As a movement of pragmatists not in says Mande la emphasized he is a nationalist not communist commit cd 10 political and human rights and Equality of he described himself As a deeply committed South african nationalist lie report says but added thai South african nationalists come in More than i one coir. He rec Gired he fears of Many while people which had been in inv Ifield by the govern Mem s own propaganda but emphasized the importance of minority groups being Given a real sense of Security in any new society in South Africa a crucial passage in the Dis Cussion of Mandela s views said he James Reston thought some of the problems Between the government and the Anc arose solely through Lack of Contact and could be eliminated if they could talk. The fact of talking was essential in the build ing of Mutual thai was the Commonwealth mis Sion s objective negotiation. Pora while in thought the government would open the Way for talks Fay releasing Mandela and ending the ban on the Anc but when it returned to Sou in Africa in mid May the Mission found the official line harder. Then on May 19, South Africa raided three neighbouring countries. It is our considered View the report says that despite appearances and statements to the contrary the South african government is not yet ready to negotiate fundamental change nor to countenance the creation of genuine democratic structures nor to face the Prospect of the end of while Damini Tion a program of Reform does not end apartheid but seeks to give it a less inhuman face. Behind these altitudes lies a deeper truth. After More than 18 months of persistent unrest upheaval and killings unprecedented in the country s history the government believes thai in can contain the situation indefinitely by us of the very Day the report was published president , Botha confirmed that unhappy conclusion. I decision la impose drastic emergency regulation told the world that his government has opted for Force not Force work it might in a certain sense. The government Haj enor Mous Power at its disposal. The police and army have been freed from virtually All Legal restraints and they have already shown How brutal they can be. But the consequences for South Afri Ca Black and White Wilt be terrible. As the Commonwealth Mission s report says still and capita will continue to flow put of the country. And Blacks will not give up their vision of equal humanity Ulicy can no longer stomach being treated As aliens in their own country the report says. To believe that they can be indefinitely suppressed is an act of self delusion. The report lays Down a Challenge to the Western world. Ronald Reagan and others on the right cannot dismiss As soft liberalism the wanning of a group whose co chairman was Malcolm Fraser the deeply conservative former prime min ister of Australia. The warning is if the West does not press South Africa to negotiate the Cost in lives May have to be co in cd in it Yortis switch in court s balance of Power under Way p m my Biqing Tiwi of Wiki Fri Jinni a ,.t.� _ i _n.,. The surprising thing about the coming changes on the supreme court is that they have not occurred ear Lier. I with five of the nine members Over 75, it was Eup cycled even in the last presidential election that by now president Reagan would have been Able to appoint a Clear conservative majority. The timing of chief Justice Burger s resignation was a Surprise. In was known that he had become increasingly preoccupied in the last year with the Bicentennial Celebration or the Constitution and he gave this As the sole reason for Slep no Down next month. At the same time though saying he was in excellent health he has been suf Fering from a painful Back and respiratory difficulties and he old the press thai working i of hours a week was a bit much for a Man of 78. There seems to be general agreement among students of the court an two Points first that associate Justice William Rehnquist nominated to succeed chief Justice Burger and judge Antonin Scalia of the Federal court of appeals for the District of Columbia circuit nominated to fill the resulting vacancy Are highly qualified conservative judges and will have no trouble being confirmed. This might have been different if the democrats were to gain control of the Senate in this november s elections and May help explain Why the administration is pleased with the present moves. The result therefore is that the new court will include chief Justice Rehnquist at i associate justices White 69 o Connor 56, and Scalia so All conservatives plus Justice Stevens 66, and justices Benium Marshall Blackmun and Powell All Over 75. The democrats fearing Reagan will leave behind a Young conservative court that will sustain his policies Long after he s gone Are complaining that these appointments Are clearly political. But As associate professor David m. O Brien of the University of Virginia notes in storm Center an excellent new Book on the supreme court the reality is that every appointment to the court is political Rehnquist left no doubt on this Peinl in a speech he made at the univer sity of Minnesota just before the presidential election of 1984. There is no reason he said thai a president should not appoint people to the court who Are sympathetic 10 his Politi Cal and philosophical principles an nothing really to worry about. The institution of the court " he said ii so structured that a Brand new presidential appointee perhaps feeling himself strongly Loyal to the president who appointed him and looking for col leagues of a similar mind on the court is immediately beset with the institutional pressures. He identifies More and More strongly with the new institution of which he has become a member and he learns How much store is Sel by his be having mde Pendely of his on such delicate constitutional questions As abortion prayer in the schools and desegregation of the schools rein quist has been the most outspoken advocate of conservative policies. He has managed to. Tale these positions without Persona animosity among his colleagues and ii a great favorite with Hij clerks whom he allows to make the first draft of his opinions. Also he has backed Burger in the Effort to establish a National court of appeals to ease the caseload of the court. And while he is less interested in the administrative duties of the court thin Burger he indicated that he could put up with them. There is perhaps one Surprise in the appointment of Scalia. Ilij agreed that he is articulate and personable. However it was thought that Robert Bork a for Mer Yale uni Versi by Law professor who is also on the . Court of App cab for the District of Columbia circuit had a More Brilliant career and having been passed Over once despite the recommendation of the conservative Wing of the Republican party would be chosen this Lime. Bork wrote sen. Barry Goldwater of Arizona to president Ford is Young and is a strict construction and would give continuity to the kind of court that you want for at least 23 Ford however refused and so did Reagan. Scalia a to inapt Catholic who would be the first Justice on the court of italian descent is thought to be a More reliable , perhaps Halfway Between Rehnquist and o con nor. But in any event the Long anticipated switch in the balance of Power on the court though not assured by then moves is undoubtedly on in Way.1c naw you Toni
