In 1881, Andrew Gontshi became the first black law agent in the Colony of the Cape of Good Hope and thus South Africa's first black lawyer. Records of court cases argued by Gontshi and his fellow black law agents provide a rich new archive for understanding the political sensibilities of the nineteenth-century Eastern Cape, where Gontshi practiced law and participated in the development of new forms of political organization, as well as the meaning of law to black intellectuals. In both law and politics, Andrew Gontshi employed procedural tactics to hold the state accountable to its own formalities. In Gontshi's world, law provided not a source of justice but a set of tools that could be used to advance a political agenda. Gontshi's story thus prompts a reconsideration of law's place in the intellectual tradition of South Africa's liberation struggle.

In 1893, legislation in the Cape Colony raised the age of consent to sexual intercourse from twelve to fourteen. Only twelve years later, however, did colonial administrators extend the law to the predominantly African districts in the eastern region of the colony. A reconstruction of the political debates surrounding the law, and its eventual extension, illuminates the relationship between understandings of childhood and race in the Cape. By the late 19th century, the comparison of Africans to children had become the governing metaphor for the “native question”; but this metaphor contained fundamental ambiguities. Debates over the age of consent forced Cape politicians to confront the racial and chronological boundaries of childhood innocence, and thus to articulate more precise theories of racial difference itself. Rural elites upheld a vision of hierarchy calibrated by wealth and social knowledge as well as race. Reformers sought to protect the innocence of white girls, in part to defend against racial degeneration, but disagreed over the inclusion of black girls. Meanwhile, even liberal social purity advocates hesitated to extend the law to the eastern districts, where “native law and custom” seemed not only to offer more protection but also to undermine claims of European superiority.

Over the past twenty years, South African civil society has engaged in an extended debate over the appropriate role of “custom” in public life, focusing on issues of gender and sexuality. The history of virginity testing in the Eastern Cape region shows that the nostalgia for custom points to the loss of sexual autonomy that accompanied colonialism. While the rhetoric that justified virginity testing in the precolonial and early colonial era was deeply patriarchal, the practice itself protected female sexual autonomy and provided protections that were undermined by the colonial legal regime and have yet to be effectively replaced.