Gleichschal Tung

At the same time Hitler was careful to keep boom condition going in indusrty and commerce and in re-arming Germany There was full employment and Hitler could boast of the amazing growth potential of German industry. Co-ordination (Gleichschaltung), the euphemism for Nazi seizures of control, had to be carried out without damaging the economy or endangering its efficiency. So too in South Africa Apartheid has to be enforced without disrupting the economy. Migratory labour is used to curtail integration, border industries are established and the Physical Planning Act co-ordinates the control of labour with the development of the economy.

Hans Franck, the Nazi legal light, repeatedly gave the world the German people's assurances that Hitler's actions were both necessary and constitutional Addressing lawyers in 1936, he said There is in Germany today only one authority, the authority of the Fuhrer."His assurances that the Emergency Deecree and the Enabling Acts promulgated by Hitler and his men were necessary, were received by lawyers without protest. Lawyers readily accepted the assurances given by the Minister and were content with the idea that the security of the State was an overriding consideration They then willingly bowed to the authority of the State, as did the lawyers throughout South Africa when they accepted without protest all the provisions of the Terrorism Act, 83 of 1967 (which is dealt with later) and other Acts.

In all this lawyers acquiesced. After all,. Hitler was the law Those lawyers whom he did not like and whom he thought were opposing him were suitably dealt with All Jews and those who "indicated that they were not fully prepared to intercede for the State" were dismissed from holding judicial office (Civil Service Law 7th April, 1933), Hans Franck, in interpreting this Law, said the maxim of interpretation was this. "If in doubt, ask yourself: 'What would the Fuhrer do?"' In South Africa under an amendment of the Suppression of Communism Act,. the Minister is able to prevent those persons whom he considers unsuitable from being members of the legal profession. (See below).

In Germany on March 21st. 1933 "Special Courts (Sondergerichtshof)" were established. These Courts took over from the ordinary Courts and tried cases of political crimes or as the "Law of March" said "Insidious attacks against the government", These "Special Courts" were presided over by three party Judges. However, the Prosecutor, in bringing a man before a Court, had a discretion and he could charge the man either before the ordinary Court or the "Special Court" More often than not, he chose the latter. In South Africa the Criminal Procedure Act of 1955, as amended, gave the Prosecutor a similar discretion. He could either bring the accused to Court at a summary trial, or follow the usual procedure and hold a preparatory examination. In political matters he usually chose a summary trial.