Behind the Struggle to Free South Africa

International civil rights lawyer Gay Johnson McDougall 鈥69 and the story behind what it took to free South Africa from apartheid rule. By Jeva Lange 鈥15
To dance the toyi-toyi you need to lift your legs high. You rock your body back and forth, as if you鈥檙e jogging in place to create a beat with your fellow dancers鈥 bodies, a pulse with your synchronized movements. And when your leader calls out 鈥Amandla!鈥 or 鈥榩ower,鈥 you complete it with 鈥Awethu!鈥欌斺榯o us.鈥
鈥淚t鈥檚 sort of a dance and a jump,鈥 Gay Johnson McDougall 鈥69 recalled of doing the toyi-toyi with the leaders of South Africa鈥檚 anti-apartheid liberation movement. 鈥淚 was never able to master it. But it was the dance of activism that they鈥檇 do, and it was powerful.鈥
McDougall鈥檚 work is as powerful as the country鈥檚 protest dance. Early in her career she did what few thought was possible: mount a legal strategy and defense to help free South Africa from apartheid rule. If a picture speaks a thousand words, the famed shot of Mandela casting his ballot in the country鈥檚 first free election may speak to how central she was in the fight for freedom: she was right beside him.
Despite living and working across continents, McDougall鈥檚 early encounters with activism were not so unlike the stories of South African activists. As a child growing up in Georgia during the waning days of Jim Crow, McDougall was surrounded by homegrown resistance to American segregation. Her sister was active in the sit-ins in North Carolina. One of McDougall鈥檚 aunts worked for the YWCA, which attempted to unite white and black women across the South. McDougall鈥檚 great-grandfather was an influential AME minister and a presiding elder. And McDougall integrated Agnes Scott College, where she spent the first two years of her undergraduate education. Although, the integration only went so far. McDougall still remembers her meeting with the college鈥檚 president before moving in when she was told she鈥檇 be given her own room rather than be assigned the customary roommate, because the school couldn鈥檛 spring that on a white girl. 鈥淵ou understand,鈥 he said.
She transferred to Bennington two years later, pursuing studies that would help her fulfill her dream of becoming a civil rights lawyer. Though, by the time she graduated the 鈥渁ir sort of went out of the movement.鈥 It was an opening for McDougall and others with activists鈥 fire still in them to take up work through the Black Power movement to support African activists and their struggle for liberation.
Working for a national association of black activist lawyers McDougall was focused on linking the South African liberation movement to the civil rights movement in the U.S. In London, where she moved to continue her studies in international human rights, she quickly connected with the South African liberation movement鈥檚 arm headquartered there. 鈥淚 was getting deeper into the fold,鈥 McDougall laughs.
In 1980 McDougall moved back to Washington, D.C. to head the Southern Africa Project. 鈥淎 lot was happening,鈥 McDougall recalled.
The first couple of months after I moved to Washington when I would speak about apartheid, nobody knew what I was talking about, nobody cared. By the end of that year, the townships were being burned, people were rioting in the streets of South Africa. Everybody cared.
It didn鈥檛 take long for McDougall to go from being 鈥渁 voice in the dark鈥 to a voice of the movement and preeminent authority on South Africa. Her authority wasn鈥檛 just a legal authority, she was also becoming a fundraising force. She raised millions of dollars for the cause from donors throughout the world. The trouble was finding a way to smuggle those dollars into South Africa. 鈥淚 tried to get into the country for years,鈥 McDougall explained.
Despite years of trying, she was repeatedly denied visas to visit and she was never given a specific explanation as to why, but it was clear: her work was causing a lot of trouble for the white government. So her first visit to South Africa was one she made illegally in the mid-1980s when she crossed the Botswanan border in the trunk of a car.
On another trip, McDougall wanted to test if she could travel to Namibia on a Namibian visa, as the country was in the very early stages of being liberated from South Africa. But McDougall鈥檚 plane from Zimbabwe had to pass through Johannesburg, where the trip to Namibia was treated as a domestic transfer. 鈥淚t was like flying from Georgia to Alabama,鈥 McDougall explains. When her plane landed at the airport, a policeman escorted her to the Namibia departure gate. But, the plane to Namibia wasn鈥檛 scheduled to depart until the next morning.
鈥淚 had to stay in the airport all night, and the policeman said he had been instructed to stay overnight with me the entire time,鈥 McDougall says. 鈥淭he next morning he said, 鈥榊ou know, they told me that I should not leave you until you are strapped into the seat.鈥 Then he looked at me and asked, 鈥楲ady, what have you done?鈥欌
Raising money, designing defenses from afar, where it was legal and safer, had certain strategic advantages but in struggles that call on such personal sacrifice and connections, being removed from her friends in South Africa was trying. 鈥淲hen people would get out of jail in South Africa and they would have a party, I was not there. When things went wrong鈥 was not there.鈥
It was particularly difficult when the African National Congress decided to use the defense strategy McDougall developed. A defense that had members go before the judge and testify that they were, in fact, prisoners of war and did not recognize the jurisdiction of the courts in South Africa. 鈥淲ell, those first cases, the judge said, 鈥榃ell okay, take them straight to jail.鈥 They executed them immediately. That was harder than missing the parties,鈥 McDougall recalls.
In 1990, she was finally granted a visit visa to the country whose freedom she had long fought for. When she arrived, she found her name and work were well known to those in government and those on the ground. When McDougall presented her passport to the South African immigration officer he exclaimed, 鈥驰辞耻鈥檙别 Ms. McDougall? Your file is gigantic!鈥&苍产蝉辫;
It was not long before the American lawyer with the gigantic file would be appointed to the Independent Electoral Commission, an international body of 16 members鈥擬cDougall the only American among them鈥攄esigned to ensure that the first all-race election in South Africa was free and fair. It was a monumental call that required she move to South Africa during the year leading up to the historic event. 鈥淲e decided everything about the election. How it would be conducted, where the polling stations would be, training people to be poll officers鈥攖he whole thing.鈥
Even with a year to prepare an election of such magnitude, nothing was taken for granted. She worked feverishly, around the clock putting out fires, including getting ballots to key townships where they were missing. In the famous photograph, where McDougall is pictured beside Mandela, she laughs out loud describing herself. 鈥淚鈥檓 comatose,鈥 McDougall revealed.
After the election, McDougall returned to the U.S. with mixed emotions. It was in those first uncertain weeks that McDougall went with a friend to the house of the poet Maya Angelou, where she confessed, 鈥淚鈥檝e already had the most incredible thing happen to me in my life.鈥
Angelou looked her in the eye. 鈥淏aby,鈥 she said. 鈥淒on鈥檛 you dare say that. Because you never know what is coming down those lines.鈥
Angelou was right. Working to free South Africa from apartheid was only the start of what McDougall would contribute to advancing human rights around the world. She would be recognized by the MacArthur Foundation in 1999, honored with the prestigious 鈥淕enius鈥 grant. She would become an independent expert for the United Nations鈥 International Convention on the Elimination of All Forms of Racial Discrimination, and the first independent expert for the United Nations on Minority Issues. McDougall would become the executive director of Global Rights, Partners for Justice and work throughout the world, advocating and setting legal standards for the prosecution of systematic rape and sexual slavery during armed conflicts, and for equal opportunities in more countries that she can count off hand.
It is harrowing, unimaginable work. But, she told Law Crossing, 鈥淚 can鈥檛 imagine that I could have had a more exciting and satisfying career. This has taken me right to the frontlines of a lot of human dramas. I鈥檝e learned that there is a lot of suffering in the world, but right there is where you find all of the people who have an amazing wherewithal to overcome suffering, so you walk away with a net gain, in terms of inspiration and hope.鈥&苍产蝉辫;
