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SV.Wax.
IN THE SUPREME COURT OF SOUTH AFRICA.
(TRANSVAAL PROVINCIAL DIVISION)
Before: The Honourable Mr, Justice DE WET.
In the matter of*
THE STATE vs. NELSON MANDELA and OTHERS.
20th APRIL 1964 .
ON RESUMING AT 10 a.m.
MR. FISCHER ADDRESSES THE COURT:
May it please your lordship . My lord , your lordship
will have r e a l i s e d , from the cross-examination of the
State w itnesses , that there are certain important parts of
the State evidence which w il l be admitted by some of the
accused. Your lordship w i l l also have r e a l i s e d , from the
cross-examination, that there are certain equally important
parts of that evidence which w il l be denied , and which we
shall maintain are f a ls e .
I wish to mention some of the more important issues
some of the more important a llegations of the State which
will be placed in issue , and which I think ought properly
to be stated by the defence, before it leak its evidence.
Amongst the matters which w ill be placed in issue
are the following : f i r s t , that accused Nos. 1 to 7 were
all members o f the National High Command of Umkonto we
Sizwe, The defence evidence w ill show that accused Nos.
3 , 5 # 6 and 7 were not members of the High Command of Umkonto,
or membefs of Umkonto at a l l . The defence evidence will
also explain what the relationship was between accused Nos.
1, 2 and 4 , and Umkonto, and the High Command of Umkonto,
It w i l l .a l s o show what the relationship was between accused
- 2 - MR. FISCHER’ S ADDRESS
l\lo. 3 and Umkonto, and between accused No. 9 and Umkonto
and accused No, 10 and the African National Congress.
Secondly, my lord, the issue w i l l be the allegation
by the crown that Umkonto was a section o f the A . N . C . , to
use the phrase so frequently used by the State, the military
wing of the AfricanNational Congress. Here the defence
will seek to show that the leaders both of Umkonto and of
the African National Congress, for sound valid reasons ,
which w i l l be explained to your lordship , endeavoured to
keep these two organisations entirely d is t in c t . They did 1C
not always succeed in this , for reasons which w il l also
be explained but we w il l suggest that the object of keeping
the two organisations separate was always kept in mind, and
every effort was made to achieve that object .
Th irdly , my lord, that the A .N .C . was atool of the
C oaujHjnist Party , and that the aims and objects of the A .N .C ,
were the aims and objects of the Communist Party , Your
lordship w i l l remember that great point was made of this
in the S t a t e 's opening. The defence evidence w il l
deny this emphatically , my lord. It w i l l show that the 20
African National Congress is a broad national movement
embracing a l l classes of Africans within its ranks, and
having the aim of achieving equal p o l i t i c a l rights for
all South Africans . The evidence w il l show further that
i t welcomes not only the support which it received from the
Communist Party ,but also the support which it receives from
many other quarters. Now on this point the evidence w ill
show how Umkonto we Sizwe was formed, and that it was formed
in order to undertake sabotage only when it was considered
that no other method remained for the achievement of p ol it ic a l 3'
- 3 - MR. FI5CHER *5 ADDRES5.
rights . F inally , on this p o int , my lord the evidence will
deny the allegation made in the S tate 's case that Umkonto,-
the African National Congress, r e l i e d , in order to obtain
support, upon what was referred to as being the alleged '
hardships suffered by people. All this will be relevant ,
part icularly , to the fourth p oint , and that is t h i s , the
fourth issue ^:
That Umkonto had adopted a military plan called
Operation Mayibuyo (?) and intended to embark upon geurilla
warfare during 1963 , or had decided to embark upon g eu r il la 10
warfare ,
BY THE COURTt Will that be denied? MR. FISCHER; That
will be denied. Here the evidence w ill show that while
pceparations for geurilla warfare were being made from as
early as 19 62 , no pla was ever adopted, and the evidence
w ill ahow why it was hoped throughout that such a step
could be avoided.
In regard particularly to the last issue , the Court
will be asked to have regard to the motives, the character
and p o l i t i c a l background of the men in charge of Umkonto 20
we Sizwe and its operations . In other worcfe, to have regard ,
amongst other th ings , to the tradition of non-violence of
the African National Congress, to have regard to the reasons
which led these men to resort to sabotage in an effort to
achieve their p o l i t ic a l objectives and why, in the light
of these fa cts , they are to be believed when they say why
Operatio Mayibuyo had not been adopted, and that they would
not have adopted it while there was some chance, however
remote of ha ving their objectives achieved by the combination
of mass p o l i t i c a l struggle and sabotage. t 30
_ 4 - MR. FISCHER ’ 5 ADDRESS
ACCUSED NO. 1.
The defence case w i l l commence with a statement
from the dock by Accused No. 1 , who persona lly took part
in the .establishment of Umkonto, and who w ill be able to
inform the Court-of the beginnings of that organisation ,
and of its history up to August, when he was arrested.
(DR, YUTAR points out that the accused should be apprised of
the fact that a statement from the dock does not carry the
same weight as evidence under oath , although he is sure
that he knows this a lre a d y . )
STATEMENT FROM THE DOCK OF NELSON MANDELA, ACCUSED NO. 1. 10
My lord , I am the f irst accused, I hold a Bache
lors Degree in Arts , and practised as an attorney in Jo
hannesburg for a number of years , in partnership with Mr,
Oliver Tambo, a co-conspirator in this case. I am a con
victed prisoner , serving five years for leaving the country
without a permit , and for inc iting people to go on strike
at the end of May 1961 .
I admit immediately that I was one of the persons
who helped t*s form Umkonto we S izwe , and that I played a
prominent role in its a f fa irs until I was arrested in 2P
I August 1962 , In the statement which I am about to make,
I shall correct certain fa lse impfessions which have been
created by State witnesses} amongst other things I w ill
demonstrate that certain of the acts referred to in the
evidence were not , and could not, have been committed by
Umkonto* I w il l also deal with the relationship between
the African National Congress and Umkonto and with the part
which I personally have played in the a f fa ir s of both organi-
- 5 - ACCUSED NO. 1.
sations. I shall deal also with the part played by the
Communist Party. In order to explain these matters
properly, I w i l l have to explain what Umkonto set out to
achieve; what methods it prescribed for the achievement
of these ob jects , and why these methods were chosen. I
be
will also have to explain how I/came involved in the
activities of these organisations .
At the outset , I want to say that the suggestion
made by the State in its opening that the struggle in
South Africa is under the influence of foreigners or cornmu- 10
nists is wholly incorrect , I have done whatever I d id ,
both as an indiv idual and as a leader of my people , because
of my experience in South A fr ica , and my own proudly-felt
African background, and not because of what any outsider
might have said .
In my youth in the Transkei I listened to the elders
o f my tribe tell ing stories of the old days. Amongst the
tales they related to me were those of wars fought by our
ancestors in defence of the fatherland . The names of
Dingane and Bambata, Hintsa and Makana, Squngathi and 20
D a l a s i l e , Moshoeshoe and Sekukhuni, were praised as the
pride and the glory of the entire African nation , I hoped
then that l i f e might offer me the opportunity to serve my
p eople and make my cwn humble contribution to their -freedom
struggle. This is what has motivated me in a ll that I have
done in r e la t io n to the charges made against me in this case.
Having s a i d t h i s , I must deal immediately and at
s ome length with the question of sabotage. Some of the
things so far told to the Court are true and some are untrue,
I do not however, deny that I planned sabotage. I did not 30
- 6 - ACCUSED NO. 1
plan it in a s p i r i t of recklessness , nor because I have
any love for violence . I planned it as a result of a calm
and sober assessment of the pol ita l situation that had arisen
after many years of tyranny, exploitation and oppression
of my people by the Whites.
I deny that Umkonto was responsible for a number
of acts which c le ar ly fe l l outside the policy of the organi
sat ion , but which have been charged in the indictment
against us. I do not knowvhat ju s t i f ic a t io n there was for
these acts , or who committed them, but to demonstrate that 1
they could not have been authorised or committed by Um
konto, I want to refer br iefly to the roots and policy of
the organisation ,
I have already mentioned that I was one of the
persons who helped to form Umkonto. I , and the others
who started the organisation , did so for two reasons .
F irstly , we believed that as a r e s u l t of Government p o l ic y ,
violence by the African people had become in e v itab le , and
that unless responsible leadershop was given to canalise
and control the feelings of our people , there would be 2
outbreaks of terrorism which would produce an intensity
of bitterness and h ost il ity between the various races of
t h is country which is not produced even by war. Secondly
we f e l t that without sabotage there would be no way open
to the African people to succeed in their struggle against
the principle of white supremacy. All lawful modes of
expressing opposition to this princip le had been closed
by legislation and we were placed in a position in which
we had either to accept a permanent state of i n f e r i o r i t y ,
or te defy the Government. We chose to defy the Government. ;
We f i r s t broke the law in a way which avoided any recourse
to violence ; when this form was legislated against , and
when the Government resorted to a show of force to crush
opposition to its p o l i c ie s , only then did we decide to
answer violence with v iolence .
But the violence which we chose to adopt was not
terrorism. We who formed Umkonto were all members of the
African National Congress, and had behind us the A .N .C .
tradition of non-violence and negotiation as a means of
solving p o l i t ic a l d isputes . We believed that South
Africa belonged to all the people who lived in i t , and not 10
to one group, be it Black or White. We did not want an
inter-racial war, and tr ied to avoid it to the last minute.
If the Court is in doubt about this , it w il l be seen that
the whole history of our organisation bears out what I
have s a i d , and what I w il l subsequently say , when I des
cribe the tactics which Umkonto decided to adopt. I want,
therefore, to say something about the African National
Congress.
The African National Congress was formed in 1912
to defBnd the rights of the African people which had been 20
seriously curtailed by the South Africa Act, and which was
then being threatened by the Native Land Act. For 37 years -
that is until 1949 - it adhered strictly to a constitutional
struggle. It put forward demands and resolutions ; It
sent delegations to the Government in the b e l ie f that
African grievances could be settled through peaceful d is
cussion and that Africans could advance gradually to f u l l
political r ights . But white Governments remained unmoved,
and the r ights of Africans became less instead of becoming
greater. In the words of my leader, Chief Lutu l i , who 30
became President of the A .N .C . in 1952 , and who was later
- 7 - ACCUSED NO.
\
- 8 - ACCUSED NO. 1.
awarded the Nobel Peace P r i z e ; (I quote):
"Who will deny that thirty years of my l i f e have been
spent knocking in vain , p at ie n t ly , moderately and
modestly at a closed and barred door? What have been
the fruits of moderation? The past thirty years have
seen the greatest number of laws restricting our rights
and progress, until today we have reached a stage where
we have almost no rights at a l l " .
Even after 1949 the A .N .C . remained determined to
avoid v iolence . At this time, however, there was a 10
change from the strictly constitutional means of protest
which had been anployed in the past . The change was embodied
in a decision which was taken to protest against apartheid
legislation by peacefu l , but unlawful , demonstrations
against certain laws. Pursuant to this policy the A .N .C ,
launched the Defiance Campaign, in which I was placed in
charge of volunteers. This campaign was based on the
principles of passive resistance . More than 8 ,500 people
defied apartheid laws and went to gaol. Yet there was not
a s ingle instance of violence in the course of this cam- 20
paign on the part of any d e f ie r . I , and nineteen colleague
were aDnvicted for the role which we played in organizing
the campaign, and this conviction was under the Suppression
of Communism Act although our campaign had nothing to do
with communism, but our sentences were suspended, mainly
because the Judge found that d isc ip l ine and non-violence
had been stressed throughout. This was the time when the
volunteer section of tie A .N .C . was established , and when
the word " Amadelakufa" was f i r s t used: this was the time
when the volunteers were asked to take a pledge to uphold 30
- 9 - ACCUSED NO. 1 .
certain p r in c ip le s . Evidence dealing with volunteers
and their pledges has been introduced into this case, but
completely out of context. The volunteers were not, and
are not, the soldiers of a Black Army pledged to fight a
c iv il war against the Whites. They w ere , .and are , the de
dicated workers who are prepared to lead campaigns in it iated
by the A .N .C , to distribute le a f l e t s ; to organise s trikes ,
or to do whatever the particular campaign required. They
are called volunteers because they volunteer to face the
p enalties of imprisonment and whipping vhih are now pre- 10
scribed by the legislature fo r such acts .
During the Defiance Campaign, the Public Safety
Act and the Criminal Law Amendment Act were passed. These
statutes provided harsher penalties for offences committed
by way of protests against laws. Despite this , ' the
protests continued and the A .N .C . adhered to its policy of
non-violence. In 1956 , 156 leading members of the Congress
A lliance , including myself , were arrested on a charge of
High Treason and charges under the Suppression of Communism 19
Act, The non-violent policy of the A .N .C . was put in issue
by the State , but when the Court gave judgment some five
years later , it found that the A .N .C . did not have a
policy of v iolence . We were acquitted on all counts,
which included a count t h a t the A .N .C . sought to set up
a Communist State in place of the existing regime. The
Government have aLways sought to label all its opponents as
communists. This allegation has been repeated in the present
case, but as I w ill show, the A .N .C . is not, and never has
been, a communist organisation .
In I960 ihere was the shooting at S h a r p v i l l e , 30
- ID - ACCUSED NO. 1
which resulted in the proclamation of a State of Emergency
and the declaration of the A .N .C . as an unlawful organi
sation. My colleagues and I , after careful consideration ,
decided that' we would not obery this d e c r e e . The African
people were not part of the Government, and did not make the
laws by which they were governed. We believed in the words
of the Universal Declaration of Human Rights, that "the
will of the people shall be the basis of the authority
of the Government," and for us to accept the banning was
equivalent to accepting the s ilencing of the Africans
for all time. The A .N .C . refused to dissolve , but instead 10
went underground. We believed it was our duty to preserve
this organisation which had been built up with almost
fifty years of unremitting t o i l . I have no doubt that
no self-respecting White p o l i t i c a l organisation would
disband i t s e l f i f declared i l l e g a l by a Government in
which it had no say.
I now want to de a l , my lord , with evidence which
misrepresents the true position in this case. In some
of the evidence the M. Plan has been completely misrepre
sented. It was nothing more than a method of organising 20
planned in 1953 , and put into operation with varying
degrees of success thereafter . After April I 9 6 0 , new
methods had to be devised , for instance , by relying on
smaller Committees. The M. Plan was referred to in evi
dence at the Treason T r i a l , but it had nothing whatsoever
to do with sabotage or Umkonto We Sizwe , and was never
adopted by Umkonto. The confusion , particularly by certain
witnessesfrom the Eastern Cape i s , I think, due to the use
of the words or the phrase "High Command," This term
was coined in Port Elizabeth during the Emergency, when 30
- 11 - ACCUSED NO. 1 .
most of the A .N .C * leaders were gaoled, and a Gaol
Committee set up to deal with complaints, was called the
High Command. After the Emergency this phrase stuck,
and was used to describe certain of the A .N .C* Committees
in that area. Thus we have had witnesses talking about
the West Bank High Command, and the Port Elizabeth High
Command. These so-called "High Commands" came into
existence before Umkonto was formed, and were not concerned
in any way with sabotage. In fact, ® I w il l subsequently
explain, Umkonto, as an organisation , was, as far as lO
possible , kept separate from the A .N .C . This explains ,
my lord, vfriy persons like Bennet Mashiyane and Reginald
Ndube heard nothing about sabotage at the meetings they
attended. But, as has been mentioned by Zizi . N j ik e l a n e ,
the use of the phrase "High Command" caused some dissension
in A.N.C.. circles in the Eastern Province. I travelled
there in 1961 , because it was alleged that some of these
so-called High Commands were using duress in order to en
force the new Plan . I did not find evidence of this 19
but nevertheless forbade i t , and also insisted that the term
"High Command" should not be used to describe any A .N .C .
Committee. My v is it and tie discussions vhich took place
have been described by Z iz i N j ikelane , and I admit h is
evidence inso far as it relates to me. Although it does
not seem to have much relevance , I deny that I was taken to
the meeting by the taxi driver John Tshingane, and I also
deny that I went to the sea with him.
My lord , I would like now to deal with the immediate
causes leading to the formation of Umkonto. In I960 the
Government held a Referendum which led to the establishment 30
- 12 - ACCUSED NO. 1 .
of a Republic* A fricans , who constituted approximately
70% of the population of South A frica , were not entitled
to vote, and were not a/en consulted about the proposed
constitutional change. All of us were apprehensive about
our future under the proposed White Republic , and a reso
lution was taken to hold an All-In African Conference to
call for a National Convention, and to organize mass demon
strations on the eve of the unwanted Republic , i f the
\
Government failed to call the Convention.
The Conference was attended by Africans of various 10
political persuasions . I was the Honourary Secretary
of the Conference, and undertook to be responsible for
organizing the national stay-at-home which was subsequently
called to coincide with the declaration of the Republic.
As all strikes by Africans are i l l e g a l , the person organi
zing such a strike must avoid arrest . I was chosen to
be this person, and consequently I had to leave my home
and my family and my practice and go into hiding to
avoid arrest.
The stay-at-home, in accordance with A .N .C . p o l i c y , 20
was to be a peaceful demonstration. Careful instructions
were given tc organizers and members to avoid any recourse
to violence. The Government's answer was to introduce
new and harsher laws, to mobilise its armed forces, and to
send saracens , armed vehicles and soldiers into the town
ships in a massive show of force designed to intimidate
the people. This was an indication that the Government had
decided to rule by force alone , and this decision was a
milestone on the road to Umkonto.
Some of this may appear irrelevant to this tri a l . 30
- 13 - ACCUSED NO* 1,
In fact I believe none of it is irrelevant because i t w i l l ,
I hope, enable the Court to appreciate the attitude towards
Umkonto eventually adopted by the various persons and
bodies concerned in the National Liberation Movement.
When I went to gaol in 1962 , the dominant idea was that loss
of life should be avoided. I now know that this was s t i l l
so in 1963.
I must return , however, my lord , to June 1961 .
What were we, the leaders of our people , to do? Were we
to give in to the s how of force and the implied threat ID
against future action , or were we to fight it out, and i f
so, how?
We had no doubt that we had tocontinue the f ig h t .
Anything else would have been abject surrender. Our pro
blem, my lord, was not whether to f ig h t , but was how to
continue the f ig h t . We of the A .N .C . had always stood
for a non-racial democracy, and we shrank from any action
which might drive the races further apart than they already
were. But the hard facts were that 50 years of non
violence had brought the African people nothing but more 20
arid more repressive l e g i s l a t io n , and fewer and fewer r ights .
It may not be easy for this Court to understand, but
it is a fact that for a long time the people had been
talking of violence - of the day when they would fight the
White man, and win back iheir country, and we, the leaders
of the A«N ,C« , had nevertheless always prevailed upon them
to a/oid violence and to pursue peaceful methods. When
some of us discussed this in June of 1961 , it could not he
denied that our policy io achieve a non-racial state by non
violence , had achieved nothing , and that our followers were 30
- 14 - ACCUSED No. 1.
beginning to lose confidence in this p ol ic y , and were
developing disturbing ideas of terrorism.
It must not be forgotten , my lord , that by this
time violence had., in f a ct , become a feature of the South
African P o l it ic a l scene. There had been violence in 1957
when the women o f Zeerust were ordered to carry passes ;
there was violence in 1958 with the enforcement of bantu
authorities and cattle culling in Sekhukuniland ; there was vio
lence in 1959 when the people of Cato Manor protested
against Pass r a i d s ; there was violence in I960 when the 10
Government attempted to impose Bantu Authorities in
Pondoland, Thirty-nine Africans d ied in these Pondoland
disturbances. In 1961 there had been riots in Warmbaths,
and all this time my lord the Transkei had been a seething
mass of unrest. Each disturbance pointed clearly to tie
inevitable growth amongst Africans of the b e l ie f that
violence was the only way out - it showed that a Government
which uses force to maintain its rule teaches the oppressed
to use force to oppose i t . Already small groups had
arisen in the urban areas and were spontaneously making 2C
plans for violent forms of p o l i t i c a l struggle . There now
arose a danger that these groups would adopt terrorism
against Africans , as well as Whites, i f not properly directed .
Particularly disturbing was the type of violence engendered
in plades such as Zeerust , Sekhukuniland and Pondoland
amongst Africans . It was increasingly taking the form,
not of struggle against the Government - though this is what
prompted i t - but of c i v i l s t r i f e between pro-Government
chiefs and those opposed to them conducted in such a way
that it could not hope to achieve anything other than a loss 30
of l i f e , and b itterness .
At the beginning of June, 1961 , after a
long and anxious assessment of the South African s itu at io n ,
I, and some colleagues , came to the conclusion that as
violence in this country was in e v it a b le , it would be un
realistic and wrong for African leaders to continue
preaching peace and non-violence at a time when the Govern
ment met our peaceful demands with force.
This conclusion , my lo rd , was not easily arrived
at. It was only when a l l else had f a i l e d , when all
channels of peaceful protest had been barred to us , 10
that the decision was made to an bark on violent forms of
political struggle and to form Umkonto We 5izwe . We did
so not because we desired such a course, but s o le ly be
cause the Government had le ft us with no other choice.
In the Manifesto of Umkonto published on the 16th December
1961, which is Exhibit "A D 11 we said-t
"The time comes in the l i f e of any nation when
there remain only two choices - submit or f i g h t .
That time has now come to South Africa . We
shall not submit and we have no choice but to 20
hit back by all means in our power in defence of
our people, our future and our freedom."
This was our feeling in June of 1.961, when we
decided to press for a change in the policy of the National
Liberation Movement. I can only say that I felt morally
obliged to do what I d id .
We, who had taken this decis ion , started to con
sult leaders of various organisat ions , including the A .N .C .
I will not say whom we spoke to, or what they s a i d , but I
wish to deal with the role of the African National Congress 30
in this phase of the struggle , and with the policy and
objectives of Umkonto We S izwe .
- 15 - ACCUSED N O . . 1.
- 16 - ACCUSED NO. 1 .
As far as the A .N .C . was concerned, it formed a
clear view which can be summarized as follows :
(a) It was a mass p o l i t i c a l organisation with a p o l i t i
cal function to f u l f i l . Its members had joined
on the express policy of non-violence.
(b) Because of a l l t h i s , it could not and would not
not undertake violence . This must be s iessed .
One cannot turn such a body into the small , close
ly knit organisation required for sabotage. Nor
would this be p o l i t i c a l l y correct, because it would 10
result in members ceasing to carry out this essential
activity : p o l i t i c a l propaganda and organization .
Nor was it permissible to change the whole nature
of the organizat ion .
(c) On the other hand, in view of this s ituation I have
described, the A .N .C , was prepared to depart from
its fifty-year-old policy of non-violence to this
extent that i t would no longer disapprove of proper
ly controlled sabotage, and hence members who under
took such activity would not be subject to disci- 20
plinary action by the A .N .C .
I say 'properly controlled sabotage ' because I made
it clear that i f I helped to form the organisation I
would at all times subject it to the p o l i t i c a l guidance
of the A .N .C . and would not undertake any d if feren t form
of activity from that contemplated without the consent of
the A .N .C . And I shall now t e l l the Court how that form
of violence came to be determined.
As a result of this d e c is io n , Umkonto was formed in
November, 1961 . 'hen we took this d e c is io n , and subsequently30
- 17 - ACCUSED NO. 1
formulaled our plans , the A .N .C . heritage of non-violence
and racial harmony was very much with us. We f e l t that
the country was d r ift ing towards a c i v i l war in which
Blacks and Whites would fight each other. We viewed the
situation with alarm. C iv il war would mean the des
truction of what the A .N .C . stood for ; with c i v i l war
racial peace would be more d i f f i c u l t than ever to achieve .
We already have examples in South African history of the
resulsts of war. It has taken more than f i f t y years for
the scars of the South African War to disappear. How much 10
longer would it take to eradicate the scars of inter-racial
civil war, which could no:t be fought without a great loss
of life on both sides?
The avoidance of c i v i l war had dominated our
thinking for many years , but when we decided to adopt
sabotage as part of our p o l ic y , we realised that we might
one day have to face the prospect of such a war. This
had to be taken into account in formulating our plans.
We required a plan which was flexible, and which permitted
us to act in accordance with the needs of the times; 20
above a l l , the plan had to be one which recognised c i v i l
war as the last resort , and le ft the decision on this
question to the future . We did not want to be committed
to civil war, but we wanted to be ready i f it became in
evitable.
Four forms of violence are poss ible . There is
sabotage, there is geurilla warfare , there is terrorism
and there is open re v o lu t io n . We chose to adopt the
first method and to test it f'J.lly before taking any other
decision, 30
In the light of our p o l i t i c a l background, the
choice was a logical one. Sabotage did not involve loss
of l i fe , and it offered the best hope for future race
relations. Bitterness would be kept to a minimum and,
i f the policy bore f r u i t , democratic government could be
come a real ity . This what we fe lt at the time, and this
i s what we said in our Manifesto : ( Exhibit "AD” ) .
”We of Umkonto We Sizwe have always sought to
achieve l iberation without bloodshed and c iv i l
clash. We hope, even at this late hour, that
our f i r s t actions will awaken everyone to a 10
realisation of the disastrous situation to which
Nationalist policy is lead ing . We hope that we
will bring the Governrre nt and its supporters to
their senses before it is too late , so that both
Government and its polic ies can be changed be
fore matters reach the desperate stage of c iv i l
war. "
The i n i t i a l plan was based on a careful analysis
of the polit ical and economic s ituation of our country.
We believed that South Africa depended to a large extent 20
on foreign capital and foreign trade. We felt that
planned destruction of power plants and interference with
rail and telephone communications would tend to scare
away capital from the country, make it more d i f f ic u lt
for goods from the in d u str ial areas to reach the seaports
on schedule, and would in the long run be a heavy drain
on the economic l i f e of the country, thus compelling the
voters of the country to reconsider their p osit ion .
Attacks on the economic l i f e l ines of the country
were to be linked with sabotage on Government buildings 30
and other symbols of apartheid. These attacks would serve
as a source of inspiration to our people , and encourage
■
- 18 - ACCUSED No. 1 .
- 19 - ACCUSED NO. 1.
them to participate in non-violent mass action such as
strikes and protests . In a d d it io n , they would provide
an outlet for those people who were urging the adoption of
violent methods and would enable us to give concrete proof
to our followers that we had adopted a stronger l in e ,
and were fighting back against Government violence .
In addit ion , if mass action were successfully
organised, and mass reprisals taken, we fe lt that sympathy
for our cause would be roused in other countries , and that
greater pressure would be brought to bear on the South 10
African Government.
This then was the p lan . Umkonto was to perform
sabotage, and strict instructions wore given to its
members right from the s t a r t , that on no account were they
to iqjjre or k i l l people in planning or carrying out opera
tions. These instructions have been referred to in the
evidence of "X" and " Z n .
The affairs of Umkonto were controlled and d irec
ted by a National High Command, which had powers of co
option, and which could , and d id , appoint Regional Commands20
The High Command was the body which determined tactics
and targets and was in charge of training and finance .
Under the High Command there were Regional Commands
which were responsible for the direction of the local
sabotage groups. Within the framework of the policy
laid down by the National High Command, the Regional
Commands had authority to select the targets to be
attacked. They had no authority whatsoever to go beyond
the prescribed framework, and thus had no authority to em
bark upon acts which nnoangered l i f e , or which did not 30
f i t in with the over-ill plan of sabotage. For instance ,
- 20 - ACCUSED NO. 1.
Umkonto members were forbidden ever to go armed into
operation. Incidentally the terms High Command and
Regional Command were an importation from the Jewish
National underground organization , the Irgun Zvai Leumi,-
which operated in Israel between *44and 1948 .
Umkonto had its f i r s t operation on the 16th Decem
ber 1961, when Government buildings in Johannesburg,
Port Elizabeth and Durban were attacked . The selection
of targets is proof of the policy to which I have re ferred .
Had we intended to attack l i f e , we would have selected 10
targets where people congregated, and not empty buildings
und power stations . The sabotage which was committed
before the l6th December 1961 was the work of isolated
groups and had no connection whatsoever with Umkonto.
In fact, my lord , some of these and a number of later
actr were claimed by oih er organisations .
Now my lord , at this stage I would like to refer
very briefly to a number of newspaper cuttings .
BY THE COURT:
Before you get there, the Court w i l l take the 20
adjournment.
COURT ADJOURNS.
ON RESUMING AT 1 1 .30 a ,m .
ACCU5ED NO, 1 CONTINUES HIS STATEMENT FROM THE DOCK;
My lord, when the Court adjourned , I was just
oucut to refer your lordship to a number of newspaper
cuttings. It is not my in te n t io n , my lcxd , to hand them in ,
but I merely wish to use them to i l lu s t ra t e the point I have
made, that before December 1961 it was common knowledge
in the townships and throughout the country that there 30
- 21 - ACCUSED NO. 1.
existed a number of bodies other than Umkonto which
planned and carried out acts of sabotage, and that some
of the acts which took place during the period of the in
dictment were in fact claimed by some of these organisa
tions.
The f irst newspaper cutting I wish to r e fe r your
lordship to is the Rand Daily Mail of the 22nd December,
1961, an article that appears on the front page. The
caption, my lord , reads as follows : ’ "We bombed two pylons"
group c la im s . ' And then I just wish to refer your 10
lordship to two passages :
"The bombing of two power pylons at Rembrandt
Park, Johannesburg, on Wednesday nitjht was
claimed as the work of the National Committee
for Liberation in a typewritten cbcument on a
sheet of common writing paper put into the
Rand Daily M a i l 's Chrismas Jackpot box during
Wednesday night or early y e s t e rd a y . "
And then the penultimate paragraph in the art icle reads
as follows: 20
"The statement said that the N . C . L . was not
all ied with "The Assegai of the N a t io n , "
(I presume, my lord , that is the Spear of the Nation,
which is a translation of Umkonto We S iz w e ) ,
"The group which claims responsib il ity for the
bomb outrages during the weekend, although
both supported the liberatory movement, the
N .C .L . was non-racial , i t was s t a t e d . "
That is the f i r s t cutting I wish to refer to, my lord.
Then the second one is also a copy of the Rand Daily Mail 30
of the 15th April 1963 , and the art icle I wish to refer
to is on page 2. It is a very short a r t ic l e , my lord. I
will read i t .
- 22 - ACCUSED NO. 1
The caption is "Forty-three held in Petrol Bomb In c id e n t . "
"Forty-three Africans are now being held by Johannes
burg Police in connection with the petrol bomb attack
last week on a store in Pritchard Street , Johannesburg
Most of the Africans were arrested in Johannesburgfs
South-Western townships. They were alleged to have
threatened a watchman, after te ll in g him they wanted
to steal garments from the shop. Police said that
five more Africans had been arrested in the v icin ity
of Kingwilliamstown after last w e e k ’s attack on the
town's police stat io n . This brings the total numberBp •
of arrests to 4 1 . Africans arrested after the two
incidents are alleged members of the Poqo organisation
Although it is believed that a number of other Poqo
members were arrested on the Reef and in other areas,
no figures were available last n ight . The Police
are s t i l l continuing their investigations and a
final f igure of the total number of Poqo suspects
arrested so far can not yet be g i v e n , "
Then the third one, my lord , is again a copy of the Rand
Daily Mail of the 9th November 1963 . The particular
article appears on page 10. Your lordship w il l probably
remember this matter. It was referred to during the ar
gument on the second application to quash the indictment.
Reference was made, both by the State and the defence , to
the judgment of Mr. Justice van Heerden of the Cape Pro
vincial Division . The accused in this case, my lord , were
arrested on the 12th July 1963 , according to the report,
and presumably for acts which were alleged to have been
committed during the period prior to the 1st July 1963 , and
I assume that that w il l cover the period of the indictment.
This relates to what is known as the Yu Chee Chen geurille
warfare c l u b (? ) . According to this report (I w il l not
read it , my lord) butwill just mention that they were pre
paring a revolution , and geurilla warfare.
Then f i n a l l y , my lord , I wish to refer to a
photostatic copy of the Rand Daily Mail of the 29th
November 1962 . We could not get a copy of the Mail i t s e l f .
The article which I want to refer to appears on the f irst
page, I just want to r e f e r , again , to two passages :
the caption reads "Police Put on Strick Guard After
Rand Blast " ,
"Security Police yesterday threw a tight cordon
around an Escom power pylon which was dynamited
in the early hours of the morning disrupting 10
train services between Germiston and Pretoria ,
A senior Police spokesman said 'There is no doubt
it was s a b o t a g e . ' "
Then the last paragraph:
"A woman telephoned the Rand Daily Mail last night
and said 'The explosion last night was the work
of the National Committee of L ib e r a t i o n ' , then
she put down the t e leph o n e . "
In other words, my lord , there were a number of bodies
which during the period of the indictment, planned and 2C,
carried out acts of sabotage.
Now my lord the Manifesto of Umkonto was issued on
the day that operations commenced. The response to our
actions and Manifesto among the White population was
characteristically v io len t . The Government threatened
to take strong action , and called upon its supporters to
stand firm and ignore the demands of the Africans. The
Whites feiled to respond by suggesting change; they res
ponded to our call by retreating behind the laager.
In contrast , the response of the Africans was one 30
of encouragement. Suddenly there was hope again. Things
were happening. People in the townships became eager for
- 23 - ACCUSED NO. 1 .
political news. A great deal of nthusiasm was generated
by the i n i t ia l successes , a n d p e o p l e began to speculate
on how soon freedom would be obtained .
But we in Umkonto weighed up the White response
with anxiety. The lines were being drawn. The Whites
and Blacks were moving into separate camps , and the prospects
of avoiding a c iv i l war were diminishing . The White
newspapers carried reports that s abotage would be punished
bycfeath. If this was so , how could we continue to keep
tbe Africans away from terrorism? 10
w * * *
I now wish to t u r n , my lord , to the question of
geurilla warfare, and how it came to be considered. By
1961 scores of Africans had died as a result of rac ia l
friction . In 1920 , when the famous leader Masabalala
was held in Port Elizabeth gaol , 24 of a group of .Africans
who had gathered to demand his r e l e a s e , were k illed by the '"v
Police and white c iv i l i a n s . In 1921 more than 100
Africans died in the Bulhoek a f f a i r . In 1924 over 200
Africans were k illed when the Administrator of South West
Africa led a force against a group which had rebelled 20
against the imposition of dog tax. On ihe 1st May
1950 18 Africans died as a result of police shootings
during the strike . On the 21st March I960 69 unarmed
Africans died at Sharpeville .
How many more Sharpevilles would there be in the
history of our ^ountry? And how many more Sharpvilles
could the country stand without violence and terror becomir
the order of the day? And i/\ha thwould happen to our people
when that stage was reached? In the long run we felt cer
tain we must succeed but at what cost to ourselves and the 3H
- 24 - ACCUSED NO. 1 .
- 25 - ACCUSED NO. l .
rest of the country? And i f this happened, how could
Black and White ever live together again in peace and
harmony? These were the problems that faced us , and
these were our decisions .
Experience convinced us 1hat rebellion would offer
the Government limitless opportunities for the in d is
criminate slaughter of our people . But it was precisely
because the so il of South Africa is already drenched with
the blood of inoocent Africans that we felt it our duty
to make preparations as a long-term undertaking, to use 10
force in order to defend ourselves against force . If
war became inev itab le , we wanted to be ready when the
time came, and for the fight to be conducted on terms
most favourable to our people . The f ig h t which held out
the best prospects to us and tie least risk of l i f e to
both parties was geurilla warfare. We de-c-ide4, t her efo re ,
in our preparations for the future , to make provision
for the p oss ib i l it of geurilla warfare.
All Whites undergo compulsory military t r a in in g ,
but no such training is given to Africans . It was in our 20
view essential to build up a nucleus of trained men who
would be able to provide the leadership which would be
required i f geurilla warfare started . We had to prepare
for such a situation fcefore it became too late to make pro
per preparations. It was aLso necessary to build up a
nucleus of men trained in c i v i l administration and other
professions, so that Africans would be equipped to partici-
page in the Government o f th is country as soon as they
were allowed to do so.
At this stage , my lord , the A .N .C . decided that I 30
- 26 - ACCUSED NO. 1 .
should attend the Conference of the Pan-African Freedom
Movement for Central, East and Southern A fr ic a , which was
to be held early in 1962 in Addis Abbaba, and it was also
decided that, after the Conference, I would undertake a
tour of the African States with a view to so l ic it in g
support for our cause, and obtaining scholarships for the
higher education of matriculated Africans . At the same
time the M.K. decided I should investigate whether faci-
lities were available for the training of soldiers which
was the f irst stage in the preparation for geurilla war- 10
fare. Training in both f i e l d s would be necessary , even
if changes in Sputh Africa came about by peaceful means.
As I have just explained , administrators would be necessary
who would be willing and able and able to administer a
non-racial State,and so men would be necessary to
control the army and police force of such a State .
It was on this note that I le ft South Africa to
proceed to AddisABaba as a delegate of the A .N .C . My
tour was successful beyond a l l our hopes. Wherever I
went, I met sympathy for our cause and promises of help. 20
All Africa was united against the stand of White South
Africa, and even in London I was received with great
sympathy by p o l i t ic a l leaders such as the late Mr. Hugh
Gaitskell and Mr. Grimond. In Africa I was promised
support by such men as Julius Nyerere, now President of
Tanganyika, Mr, Kawawa, then Prime Minister of Tanganyika,
Emporor Haile Selassie of Ethiopia , General Aboud, Pres i
dent of the Sudan, Habib Bourgiba, President o f T u n is ia ,
Ben Bella, now President of A lger ia , Modiko Keita , President
of Mali; Leophold Senghor , President of Ssi egaJ ; Sekou 30
- 27 - ACCUSED NO. 1.
Toure, President of Guinea, President Tubman of L iberia ,
Milton Oboto, Prime Minister of Uganda and Kenneth Kaunda,
now Prime Minister of Northern Rhodesia. It was Ben Bella
who invited me to v is i t Oujda , the Headquarters of t h e
Algerian Army of National L iberation , the v is it which is
described in my d iary , one of the exhibits .
I had already started to make a study of the art
of war and revolution and whilst abroad underwent a course
in military train ing . I f there was to be geurilla wax -
fare I wanted to be able to stand and fight with my people 10
and to share the hazards of war with them. Notes of
lectures I received in Ethiopia and Algeria are contained
in Exhibits produced in evidence. Summaries of books
on geurilla warfare and m ilitary strategy have also been
produced. I have already admitted that these documents
are in my writing, and I acknowledge that I made these
studies to equip myself for the role which I might have
to play i f the struggle drifted into geurilla warfare.
I approached 'friis question as every African Nationalist should
do. Ives completely ob jective . The Court w ill see that I 20
attempted to examine all types of authority on the subject ,
from the East and from tie West, going back to the c l a s s ic
works of Clausewitz, and covering such a variety as Mao
Tee Tung and Che Guevara on the one hand, and the w rit in g s
on the Anglo-Boer War on the other . Of coufse , these
notes my lord are merely summaries of the books I read and
do not contain my personal views.
I also made arrangements for our recruits to
undergo military t r a in in g , but here, my lord , i t was im
possible to organise any scheme without the co-operation 30
- 28 - ACCUSED NO. 1
of the A .N .C . o ff ices in A fr ica . I consequently cbtained
the permission of the A .N .C . in South Africa to do this
to this extent that there was a departure from the original
decision of the A .N .C . that it would not take part i n
violent methods o f stru g g le , but. it appliedoutside South
Africa o nly . The f i r s t batch of r ecruits actually arrived I
in Tanganyika when I was passing through that country on I
my way back to South Africa .
I returned to 5outh Africa and reported to my
colleagues on the results of my tr ip . On my return I 10
found that there had been l i t t l e alteration in the p o l i t i
cal scene, save that the threat of a death penalty for
sabotage had now become af act. The att itude of my
colleagues in Umkonto was much the same as it had been
before I l e f t . They were fe e l in g iheir way cautiously , and
felt that it would be a long time be fo re the p o s s ib i l i t ie s
of sabotage were exhausted. The A .N .C . had also not
changed its attitude . In fact the view was expressed by
some that the training of recruits was premature. This
is recorded by me in the document, which is Exhibit R . 1 4 . 20
which are very rought notes of comments madefcy others on
my report back to the National Executive Committee. After
a full discussion , however, it was decided to go ahead with
the plans for military tr a in in g , hecause of the fact that
it would take many years to build up a suff ic ient nucleus
of trained soldiers to start a geurilla campaign, and
whatever happened the training would be of value .
I want to deal now with some of the evidence of
the witness MX" . Immediately before my arrest in
August, 1962 , I met membas of the Regional Command in 30
Durban. This meeting has been referred to in X 's evidence.
- 29 - ACCUSED NO. 1 .
Much of his account is substantially correct, but much
of it is slanted and is distorted and in some important
respects untruthful. I want to deal with the evidence
as briefly as poss ible :
(a) I did say that I had le f t the country early in the
year to attend the Pafmecsa Conference, that the
Conference was opened by the Emperor Haile S e la s s ie ,
who attacked the r a c ia l policies of the South African
Government, and who pledged support to the African
people in this country. I also informed them of the 10
unanimous resolution condemning the ill-treatment
of the African p eople here , and promising support.
I did t e l l them that the Emperor sent his warmest
felicitations to my leader , Chief Lutuli .
But I never told them of any comparison made between
Ghanaians and South African re c ru its , and could not
have done so for very simple reasons. By the time
I left Ethiopia , the f irst South African recruits
had not yet reached that country, and Ghanaian
soldiers as far as I am aware, receive training in | 20
the United Kingdom. This being the fact and my un
derstanding, I could n o t possible have thought of
telling the Regional Command that the Emperor of
Ethiopia thought our trainees were better than ihe
Ghanains.
(c) These statements, therefore , are sheer invention
unless they were suggested to "X " by someone
wishing to create a fa lse p idure .
(d) I did te l l them o f f i n a n c i a l support received in
Ethiopia and in other parts o f Africa . I certainly
did not t e l l him that certain African States had
promised us 1% of their Budget. This suggestion of
donating 1% never arose during my v i s i t . It arose
for the f i r s t time, as far a s I am aware, at the Con
ference in May 1963 , by which time I had been in
gaol for 10 months.
Despite X ’s alleged fa ilure to remember t h is , I did
speak of scholarships promised in Ethiopia . Such
general education of our people has always, as I 10
I ' .have pointed o u t , been an important aspect of our
Plan* *
i did tell them I had travelled through Africa and
had been received by a number of heads of States ,
mentioning them all by name. I also told them of
President Ben B e l l a ' s invitation to me to go to
Oujda, where I met o f f ic e r s of the Algerian Army,
including their Commander-in-Chief, Colonel Bommediene.
I also said that the Algerians had promised a s s i s
tance with training and arms. But I certainly did 20
not say they must hide the fact that they were
Communists, because I did not know vhether were commu
nists or not. What I d id say was that no Communist
should use his position in Umkonto for communist
propaganda, neither in South Africa nor beyond the
borders, because unity of purpose was essential for
achieving freedom. What we aimed at was the \ote for
all and on this basis we could appeal to a l l s o c i a l group
in South Africa and expect the maximum support from the
African States . X denies t h i s , but I could not have 30
suggested any other than the true o b jective , nor
- 30 - ACCUSED NO. 1 .
- 31 - ACCUSED NO. 1
could there have been any possible reason for
hiding i t .
It was in this context that I discussed "New Age”
and its criticisms of the Egyptian Government..
In speaking of my v is i t to Eqypt, I said that my
visit had coincided with that of Marshall T ito , and
that I had not been ab le to wait until General
Nasser was free to interview me. I said that the
officials whom I had seen had expressed criticism of
articles appearing in "New Age" which had dealt with
General Nasser 's attacks on communism , but that
I had told them that "New Age" did not necessarily
express the policy of our Movement, and that I would
take up this complaint with "New Age" and try and use
my influence to change their l i n e , because it was
not our duty to say in what manner any State should
achieve its freedom.
I told the Regional. Committee that I had not
visited Cuba, but that I had met that country 's
ambassadors in Egypt, Morocco and Ghana. I spoke
of the warm affection with which I was received at
these embassies, and that we were offered a ll forms
of assistance , including scholarships for our youth.
In dealing with the question of White and Asian
recruits , I did say that as Cuba was a multi-racial
country, it would be logical to send such persons to
this country as these recru its would fit in more
easily there than with Black soldiers in African
5tates .
- 32 - ACCUSED NO. 1.
(i) But I never discussed Eric Mtshali at this meeting ,
<for the simple reason that I did not know him until
iI heard his name mentioned by X in this case .
I IOn my return to Tanganyika, after touring the
African Continent, I met about 30 South African young ,
men, who were on their way to Ethiopia f o r training , .
I addressed them on d isc ip lin e and good behaviour while sabroad. Eric Mtshali may have been amongst these
/young men, but in any event, i f he was, this must
have been be fo re he v is ited any African State other 10 ^
than Tanganyika, and in Tanganyika he would not I
\
have starved or been in d i f f i c u l t i e s s in c e our office
there would have looked a f t e r him. I t would be ^
absurd to suggest that the South African o f f ic e in ^
t
Dar-Es-Salaam would discriminate against him on
the ground that he wasa Communist,
(j) Of course, I referred to Umkonto we 5izwe , but»
! *
it cannot be true to say ihat they hard from me for
for the first time that this was the name or that i t
was the "military wing" of the A .N .C . - a phrase much 20 *
used by the State in this t r i a l . A proclamation had
ibeen issued by Umkonto on the 16th December 1961 ,
announcing the existence of the body and its name
(had been known for seven months before the time of
this meeting. And I had ce r ta in ly never referred to i ti
as a military wing of the A .N .C . I always regairfed «'
it as a separate organisation , and endeavoured to
keep it as such.
(k) I did tell them that the a ct iv it ie s of Umkonto
might go through two phases, namely acts o f sabotage 30
33 - ACCUSED NO. 1 .
and possibly guerilla warfare, i f t hat became necessary.
I dealt with the problems r e lat in g to each phase .
But I did not say that people were scouting out
areas suitable for g u e r il la warfare because no such
thing was being done at the time. I s tressed , just
as he said , that the most important thing was to
study our own history and our own s ituation . We
must, of course, study the experiences of other coun
tries also , and in so doing we must study not o nly
the cases where revolutions were v ictorious , but 10
also cases where revolutions were defeated .
But I d id not discuss the training of people in
East Germany as te s t i f ie d to by X.
(1) I did not pnoduce any photograph in "Spark" or "New
%
Age" as t e s t i f ie d to by " X " . These photos were only_ *
published on the 21st February 1963 , after I was in
gaol.
Whilst referring to "X *s " evidence, there is one
other fact ihat I want to mention, Mr. "X " said that the
sabotage which was committed on the 15th October 1962 was 20
in protest against my conviction , and 1hat the deceision io
commot such sabotage had been taken between the date of con
viction and the date of sentence . He also said that the
s abotage was held over for a few days because it was
thou^ib that the police would be on their tetch on the day
that I was sentenced. All this must be untrue. I was con
victed, my lord, on the 7th November 1962 , and was senten
ced on the same day to five years inprisonment with hard
labour. The sabotage in October 1962 could therefore rot
have ted anything to do w ith my conviction and sentence. 30
- 34 - ACCUSED NO. 1 .
I wish to turn now to certain general allegations
made in this case by the State . But before doing so I
wish to revert to certain occurrences sa id by witnesses
to have happened in Port Elizabeth and East London, I am
referring to the bombing of private houses of pro-Govern-
ment persons during September, October and November 1 962 .
I do not know vhat j u s t i f ic a t io n there was 1or these acts ,
not what provocation had heen given , but i f what I have
said already is accepted, then it is clear that these acts
had nothing to do with the carrying out of the policy of 10
Umkonto.
One of the c h i e f a llegations in the Indictment is
that the A .N .C . was a party to a general conspiracy to
commit sabotage. I have aLready explained why this is in -
correct, but how, externally , there was a departure from
the original principle laid down by the A .N .C . There
have, of course, my lord , been overlapping of functions
internally as w ell , because there is a d ifference between
a resolution adopted in the atmosphere of a committee
room and the concrete d i f f i c u l t ie s that arise in the 20
field of practical a c t i v it y . At a later stage the
position was further affected by b annings and house arrests ,
and by persons leaving the country to take up p o l it ic a l
work abroad. This led to individuals having to do work in
different capacities . But though th is may have blurred
the distinction between Umkonto and the A .N .C . it by no
means ablished that d is t in c t io n . Great care was taken
to keep the activities of the two organizations in South
Africa distinct. The A .N .C . remained a mass p o l i t ic a l body
of Africans only carrying on the type of p olit ical vork they 30
- 35 - ACCUSED NO. 1.
conducted prior to 1961 . Umkonto remained a small organi
sation, recruiting its members from different races and
organisations, and trying to achieve its own particular
object. The fact that members of Unionto were recruited
from the A .N .C , and the fact that persons served both
organisations, like Solomon Mbanjwa, did not , in our view,
change the nature of the A .N .C . or give it a policy of
violence. This overlapping of o f f i c e r s , however, was more
the exception than the rule . This is why, my lord , per-
JL 0sons such as "X " and " Z 11 who were on the Regional Command
of their respective areasm did not participate in any of
the A.N.C. Committees Or a c t i v i t i e s , and why people such
as Bjnnett Mashiyana and Reginald Ndubi did not hear of
sabotage at their A .N .C . meetings.
Another of the allegations in the indictment is
that Rivonia was the headquarters of Umkonto, This is
not true of the time when I was there , I was told , of
course, and knew that certain of the a ct iv it ies of the
Communist Party were carried on there, but this was no
reason, as I shall presently explain , why I should not 20
use the place.
I came there in the folbwing manner :
(a) As already in d icated , early in A pr il , 1961 , I
went underground to organize the May general
strike. My work entailed travelling through out the
country, living now in African townships, then in
country villages and again in c i t ie s .
During the second half o f the year I started visiting
the Parktown home of Mr. Arthur Goldreich , where I
used to meet my family p r i v a t e l y . Although I had no 30
direct p o l i t ic a l association with him, I had known
- 36 - ACCUSED No. 1.
Mr. Goldreich so c ia l ly since 195 8,
In October Mr, Goldreich .informed me that he was
moving out of iown, and offered me a hiding place there
A few days thereafter , he arranged for Mr, Michael
Harmel, another co-conspirator in this case, to take
me to Rivonia. I naturally found Rivonia an ideal
place for the man v\h o lived the l i f e of an outlaw.
Up to that time I had been compelled to live indoors
during the d ay time and could only venture out unda:
cover of darkness. But at L i l l i e s l e a f I could live
differently , and work far more e f f i c ie n t l y .
For obvious reasons , I had to disguise myself and I
assumed the f ic t it io u s name of David. In December Mr
Arthur Goldreich and his fam ily also moved in . I
stayed there, my lord , until I went abroad on the
11th January 1962 . As already indicated , I returned
in July 1962 and was arrested in Natal on the 5th
Augus t .
Up to the time of my arrest , L i l l i e s l e a f farm was the
headquarters of neither the African National Congress
nor Umkonto. With the exception of myself , none of
the o f f ic ia ls or man bers of these bodies lived there ,
no meetings of the governing bodies were ever held
there, and no act iv it ies connected with them were
either organised or directed from there. On numerous
occasions during my stay at L i l l i e s l e a f farm I met both
the Executive Committee of the A . N . C , , as well as the
National High Command, but such meetings were held
elsewhere, and not on the farm.
- 37 - ACCUSED No. 1
(e) WhiJe staying at L i l l i e s l e a f Farm, I frequently visited
Mr, Goldreich in the main house and he also paid me
visits in my room. We had numerous p o l i t ic a l d is
cussions covering a variety of sub jects . We d i s
cussed ideological and practical questions, the Con
gress A lliance , Umkonto and its act iv it ies generally ,
and his experiences as a soldier in the Palmach,
the military wing of Haganah. Haganah was the
political authority of the Jewish National Movement
in Palestine. 10
(f) Because of what I had got to know of Mr. Goldreich ,
I recommended on my return to South Africa that he
should be recruited to Umkonto. I do not know of my
personal knowledge whether this was done.
(g) Before I went on my tour of A fr ic a , I lived in the
room marked 12 on Exhibit " A " . On my return in July
1962 I lived in the thatched cottage. The evidence
of Joseph Mashefane that I lived in room No, 12
during the period that he was there at the Farm is
incorrect. 20
Another of the allegations made by the State is
that the aims and objects of the A .N .C , and the Communist
Party are the same. I wish to deal with t h i s , and with my
own political posit ion . The allegation as to the A .N .C .
is flase. This is an old allegation which was disproved
at the Treason T r ia l , and which has again reared its head .
But since the allegation has been made a g a i n , I shall deal
with it as well as with the relationship between the A .N .C .
and the Communist Party and Umkonto and that party.
The ideological creed of the A .N .C . i s , and always 30
- 38 - /CCUSED No. 1 .
has been, the creed of African Nationalism. It is not the
concept of African Nationalism expressed in the cry "Drive
the White man into the s e a . " The African Nationalism
for which the A .N .C . stands is the concept of freedom and
fulfilment for the African people in their cwn land. The
most important p o l i t i c a l document ever adopted by the A .N .C .
is the "Freedom C h a r t e r . ” It is by no means a blueprint
for a socialist State . It calls for r e d is t r ib u t io n , but
not nationalisation, of land ; it provides for n at io n alisa
tion of mines, Banks and monopoly industry , because big 10
monopolies are owned by one race only , and without such
nationalisation rac ia l domination would be perpetuated
despite the spread of p o l i t i c a l power. It would be a
hollow gesture to repeal the Gold Law prohibitions against
Africans when all gold mines are owned by European c-om-panies*
In this respect the A . N . C . ' s policy corresponds with the
old policy of the present Nationalist Party which, for many
years, had as part of its programme the nationalisation
of the Gold Mines which, at that time, were controlled by
foreign capital . Linder the Freedom Charter, nationalisa- 20
tion would take place in on economy based on private enterprise.
The realisation of the Freedom Charter would open up fresh
fields 1or a prosperous African population of a l l c lasses ,
including the middle c lass . The A .N .C . has never at any
period of its history advocated a revolutionary change in
the economic structure of the country, nor has i t , to the
best of my r ecollection , ever condemned cap ita l ist society .
As far as the Communist Party is concerned, and
if I understand its policy correctly , it stands for the es
tablishment of a State based on the principles of Marxism, 30
- 39 - ACCUSED No. 1 .
Although it is prepared to work for the Freedom Charter,
as a short-term solution to the problems created by White
supremacy, it regards the Freedom Charter as the beginning ,
and not the end, of its programme.
The A . N . C . , unlike the Communist Party, admitted
Africans only as members. Its c h ie f goal was, and i s , for
the African people to win unity and f u l l p o l i t i c a l r ig h t s .
rThe ommunists Party 's main aim, on the other hand, was to
remove the capitalists and to replace them with a working-
class Government. The Communist Party sought to emphasiss 10
class distinctions , whilst the A .N .C . seeks to harmonise
the. This is a v ital distinction , my lord,
It is true that there has often been close co
operation between the A .N .C . and theCommunist Party. But
co-operation is merei/ proof of a common goal - in this case
the removal of White supremacy - and is not proof of a
complete community of interests .
My lord, the history of the world is fu l l of
similar examples. Perhaps the most striking i l lu strat io n
is to be found in the co-opastion between Great B r it a in , 20
the United States of America and the Soviet Union in the
fight against H it ler . Nobody but Hitler would have dared
to suggest that such co-operation turned Churchill or
Roosevelt into communists or communist tools , or that
Britain and America were working to bring about a communist
world.
My lord , I give these i l lu stra t io n s because they
are relevant to the allegation that our sabotage was a
Communist plot or to work of so-called agitators . Because,
my lord,another instance of such co-operation is to be found 30
precisely in Umkonto. Shortly after Umkonto was constituted
- 40 - ACCUSED No, 1
I was informed by some of its members that the Communist
Party would support Umkonto, and this then occurred. At
a later stage the support was made openly.
I believe that Communists have always played an
active role in the fight by colonial countries for their
freedom, because the short-, term objects of Communism would
always correspond with the long-term objects of freedom
movements. Thus Communists, my lord , have played an
important role in the freedom struggles fought in countries
such as Malaya, A lgeria , and Indonesia , yet none of these 10
States today are Communist countries . S im ilarly , in the
underground resistance movement which sprung up in Europe
during the last World War, Communists played an important
role. Even General Chiarxg Kai Dhek, today one of the b it t e r
est enemies of Communism, fou^i t together with the Commu
nists against the ruling class in the struggle which led
to his assumption of power in China in the 1930*s ,
This pattern of co-operation between Communists
and non-Corjmunists has been repeated in the National Libera
tion Movement of South A frica . Prior to the banning of the 20
Communist Party, joint campaigns involving the Communist
Party and the Congress Movement were accepted practice .
African Communists could , and d id , become members of the
A.N.C. and some served on the National , Provincial and
local committees. Amongst those who s erved on the National
Executive are Albert Nzula , a former Secretary of the
Communist Party , Moses Kotane, another former Secretary ,
Edwin Mofosanya (?) and J .B . Marks, former members of the
CentxaL Committee of the Communist Party.
I joined the A .N .C . in 1944 and in 1952 I became 30
- 41 - ACCUSED No. 1
Transvaal President and Deputy National President . In my
younger days I held the view that the policy of admitting
Communists to the A .N .C . and the close co-operation which
existed at times on spec if ic issues between the A .N .C . and
the Communist Party would lead to a watering down of the
concept of African nationalism. At that stage I was a
member of the African National Congress Youth League, and
was one of a group which moved for the expulsion of Commu
nists from the A .N .C . This proposal was heavily defeated .
And amongst those who voted against the proposal were some 10
of the most conservative sections of African political
opinion. They defended the policy on the ground that from
its inception the A .N .C . was formed and built up, not as
a political party with one school of p o l i t i c a l thought,
but as a Parliament of the African people , accommodating
people of various political convictions , a l l united by the
common goal of national l ib e ra t io n . I was eventually won
over to this point of view and I have upheld it ever s in e s .
It is perhaps d i f f i c u l t for White South Africans
with an ingrained prejudice against Communism, to under- 20
stand why experienced African polit ic ians so readily accept
Communists as their f r ie n d s . But to us the reason is obvious.
Theoretical differences amorist those fighting against oppression
are a luxury which cannot be a fforded . What is more, for
many decades Communists were the only p o l i t i c a l group in
South Africa who were prepared to treat Africans as human
beings and as their equals ; who were prepared to talk with
us, eat with us, live with us and work with us. They were
the only p o l i t ic a l group which was prepared to work with
the Africans for the attainment of p o l i t ic a l rights and a 30
- 42 - ACCUSED No. 1.
stake in society . Because of this there are many Africans
who, today, tend to equate freedom with Communism, They
are supported in this bel ief by a legislature which bra'NDs
all exponents of democratic government and African freedom
as Communists, and bans of them, who are not Communists,
under the Suppression of Communism Act. Although my lord
I am not a Communist, and I have never been a member of the
Communist Party, I myself have been named under that per
nicious Act because*of the role I played in the Defiance
Campaign. I have also been banned and convicted under 10
that Act.
It is not only in interal pol it ics the t we count
Communists as amongst these who support our cause. In the
international f i e l d , Communist countries have always come
to our aid. I n the United Nations and other Councils of
the world, the Communist bloc has supported the Afro-Asian
struggle against colonialism and often seems to be more
sympathetic to our plight than some of the Western powers.
Although there is a universal condemnation of apartheid ,
the Communist bloc speaks out against it with a louder 20
voice than most of the Western world. In these circum
stances it would take a brash young p o l i t i c i a n , such as I
was in 1949, to proclaim that the Communists are our enem ies .
AT THIS S TAGE THE COURT ADJOURNS UNTIL 2 p .m .
ON RESUMING AT 2 . p.m.
ACCUSED NO. 1 CONTINUES HIS STATEMENT FROM THE DOCK:
My lord , I wish now to turn Id my own posit ion . I
have denied that I am a Communist,, and I think in the c ir
cumstances I am obliged to state exactly what my p o l it ic a l
beliefs are in order to explain what my position in Umkonto 30
- 43 - ACCUSED No. 1 ,
was, and what my attitufe towards the use of force i s .
I have always regarded myself , in the f ir s t p lace ,
as an African p atr io t . After a l l , I was born in Umtata
46 years ago. My guardian was my cousin , who was the
acting paramount chief of Tembuland, and I am related both
to the present paramount ch ief of Tembuland, Sabata Dalin-
yebo, and to Kaizer Matanzima, the Chief Minister of the
Transkei.
Today I am attracted by the idea of a classless
society, an attraction which springs in part from Marxist 10
reading and, in part , from my admiration of the structure
and organization of early African societies in this country.
The land, then the main means of production , belonged to
the tribe. There were no rich or poor, and there was no
exploitation.
It is true, as I have already stated , that I have
been influenced by Marxist thought, but this is also true
of many of the leaders o f the new independent States . Such
widely different persons as Gandhi, Nehru, Nkrumah and Nasser
all acknowledge this fact . We a ll accept the need for some 20
form of Socialism to enable our people to catch up with
the advanced countries of the world and to overcome their
legacy of extreme poverty. But this does not mean we are
Marxists.
Indeed, my lord , for my cwn part I believe that
it is open to debate whether the Communist Party has any
specific role to play at this particular stage of our
political s tr u g g le . The basic task at the present moment,
is the removal of race discrimination and the attainment of
democratic rights on the basis of the Freedom Charter and 30
the struggle which can best be led by a strong A .N .C . In
- 44 - ACCUSED NO. 1
sofar as that Party fur.thers this task , I welcome its
assistance. I r e a l ise that it is one o f the main means by
which people of all races can be drawn into our struggle .
But from my reading of Marxist literature and
from conversation with Marxists , I have gained the impression
that Communists regard the parliamentary system of the
West as undemocratic and reactionary . But, on the contrary,
I am an admirer of such a system.
The Magna Carta, the Petition o f Rights and the
Bill of Rights, are documents which are held in veneration 10
by democrats throughout the world.
I have great respect for British p o l i t i c a l i n s t i
tutions, and for the country 's system of j u s t i c e . I
regard the British Parliament as the most democratic in
stitution in the world , and the independence and impartiality
of its judiciary never f a i l to arouse my admiration.
The American Congress, that country 's doctrine of
separation of powers, as well as the independence of its
judiciary arouse in me similar sentiments.
I have been in f lu e n ce d in my thinking by both 20
West and East. All this has led me to feel thHt in my search
for a p ol it ic a l formula, I should be absolutely impartial
and objective . I should tie myself to no particular system
of society, other than that of socialism . I must leave
myself free to borrow the best from the West and from the
East.
I wish now to deal with some of the Exh ib its ,
Many of the exhibits are in my handwriting. It has always
baen my custom to reduce to w riting the material which I
have been studying. 30
- 45 - ACCUSED No. 1
Exhibits R. 20 . 21 and 22 are lectures drafted in
my own hand, but they are not my o r ig in a l work. They came
to be written in the following circumstances:
(a) For several years an old friend with whom I worked
very closely on A .N .C . matters and who occupied senior
positions both in the A .N .C . and the Communist Party,
had been trying to get me to join the Communist Party.
I had had many debates with him on the role which the
Communist Party can play at this stage of cur s truggle ,
and I advanced to him the same views in regard to my 10
p olit ical be l ie fs which i have described earlier in my
statement.
In order to convince me that I should join the Commu
nist Party he, from time to time, gave me Marxist
literature to read , though I did not always find time
to do th is .
*
Each of us always stuck to our guns in our argument
as to whether I should join ihe Communist Party. He main
tained that on achieving freedom we would be unableof poverty
to solve our problems/and inequ“ ality without esta- 20
blishing a Communist S tate , and we would require
trained Marxists to do t h i s . I maintained my a t t i
tude that no ideological differences should be intro
duced u nt i l freedom had been achieved,
(b) I saw him on several occasions at L i l l i e s l e a f Farm,
and on one of the last of these occasions he was busy
writing with books around him. When I asked him what
he was doing, he told me that he was busy writing
lectures for use in the Communist Party , and suggested
that I should read them. There were several lectures 30
- 46 - ACCUSED NO. 1 .
in draft form.
(c) After I had done so , Itold him that they seemed far
too complicated for the ordinary r e a d e r . .
BY THE COURT: I did not catch the name - who do you say
this man is you were talking to? -- My lord , as a matter
o f p r in c ip le . .
No, I thought you had mentioned his name.---No
I did not mention his name.
Well go on t h e n .-- And that was done de l ib erately .
Yes. 10
ACCUSED NO. 1 's STATEMENT (CONTINUED):
I was saying , my lord , after I had read them, I
told him that they seemed far too complicated for the
ordinary reader in that the language was obtuse and they
were fu ll of the usual Communistic cl ichis and jargon.
If the Court w il l look at some of the standard works of
Marxism, my point w i l l be demonstrated. He said it was
impossible to simplify the language, without losing the
effect of what the author was trying to stress . I disagreed
wit h him, and then he asked me to see whether I could re- 20
draft the lectures in the s im plified form suggested by me.
(d) I agreed to help him, and set to work in an endeavour
to do t h i s , but I never finished the task as I later be
came occupied with other practical work which was more
important. I never again saw the unfinished manu
script u ntil it was produced at the t r i a l .
(e) I wish to state that it is not my handwriting which
appears on Exhibit R .23 . which was obviously drafted
by the person who prepared the lectures , 30
My lord , there are certain Exhibits which suggest
- 47 - ACCUSED No. 1
that we received f inancial support from abroad, and I wish
now to deal with this question.
Our p o l i t ic a l struggle has always been financed
from internal sources - from funds raised by our own people
and by our own supporters. Whenever we had a special cam-
paign, or an important p o l i t ic a l case - for example, the
Treason Trial - we received f inancial assistance from sympa
thetic individuals and organizations in the Western countries .
We have never felt it necessary to go beyond these sources.
But when in 1961 the Umkonto was farmed, and a 10
new phase of struggle was introduced, we realised that these
events would make a heavy call on our slender resources,
/and that the scale of our act iv it ies would be hampered by
lack of funds. One of my instructions , as I went abroad
in January 1962 , was to raise funds from the African States .
I must add that , whilst abroad, I had discussions
with leaders of p o l i t i c a l movements in Africa and discovered
that almost every single one of them in areas which had
still not attained independence, had received a ll forms of
assistance from the s o c ia l ist countries , as well as from 20
the West including that of f in anc ial support. I also d is
covered that some well-known African states , a l l of them non-
Communists, and even anti-Communists , had received similar
assistance,
&n my return to the Republic , I made a strong
recommendation to the A .N .C . that we should not confine our
selves to Africa and the Western countries , but that we should
also send a mission to the so c ia l ist countries to raise the
funds which we so urgently needed.
after
I have been told t h a t / I was convicted such a mission
was sent.
- 48 - ACCUSED No. 1.
As I understand the State case, and in particular
the evidence of " X " , Umkonto was the inspiration of the
Communist Party which sought, by playing upon imaginery
grievances to enrol the African people into an army which
ostensibly was to fight for African freedom, but in reality
was f ighting for a Communist State . Nothing ecu Id be fur
ther from the truth. In fa ct , the suggestion is preposterous.
Umkonto was formed by Africans to further their struggle
for freedom in their own land. Communists and others
supported the movement, and we only wish that more sections ID
of ths community would join us.
Our fight is against r e a l , and not imaginay,
hardships, or to use the language of the State Prosecutor,
"so-called h a r d s h ip s , " B as ic a l ly , my lord, we fight against
two features which are the hallmarks of African l i f e In
South A frica , and which are entrenched by leg is lat ion which
we seek to have repealed. These features are poverty and
lack of human d i g n i t y , and we do not need Communists, or
so-called 'a g i t a t o r s ’ to teach us about these things .
20South Africa is the richest country in A fr ica ,
and could be one of the richest coontries in the world.
But it is a land of extremes and remarkable contrasts . The
Whites enjoy what may well be the highest standard of l iv ing
in the world, whilst Africans live in poverty and misery.
Forty percent , of the Africans live in hopelessly over
crowded and in some cases , drought-stricken reserves , where
soil erosion and the overworking of the soil make it im
possible for them to live properly o ff the land. Thirty
per cent, are labourers , labour tenants , and squatters on
white farms and work and l ive under conditions similar to 30
those of the serfs of the Middle Ages. The other thirty per
- 49 - ACCUSED No. 1
cent, live in towns where they have developed economic
and social habits which bring them closer , in many respects ,
to White standards, Yet most A fricans , even in this
group, are impoverished by low incomes and the high cost of
l iv in g .
The highest paid and the most prosperous section
of urban African l i fe is in Johannesburg, Yet their actual
position is desperate. The latest figures were given on
25th March, 1964 , by Mr, Carr, Manager of the Johannesburg
Non-European Affairs Department. The poverty datum line 10
for the average African family in Johannesburg, according
to Mr. Carr 's department, is R42. 84 per month. He showed
that the average monthly wage is R32 .24 and that 46% of
all African families in Johannesburg do not earn enough to
keep them going.
Poverty goes hand in hand with malnutrition and
disease. The incidence of malnutrition and deficiency
diseases is very high amongst Africans , Tuberculosis ,
pellagra, Kwashiorkor, gastro - en terit is , and scurvy bring
death and destruction of health . The incidence of infant 20
mortality is one of the highest in the world. According to
the Medical O ff icer of Health for Pretoria , it is estimated
that tuberculosis k ills 40 people a day (afcnost a ll Africans)
and in 1961 there were 5 8 ,4 9 1 new cases reported. These
diseases, my lord , not only destroy the v i t a l organs of the
body, but they result in retarded mental conoitions and lack
of in it ia t iv e and reduce powers of concentration . The
secondary results of such conditions a f fect the whole community
and the standard of work performed by A fricans .
The complaint of A fricans , however, is not only 30
- 50 - ACCUSED No. 1.
that they are poor, and Whites are r ic h , but that the laws
which are made by the Whites are designed to preserve this
s ituation . There are two ways to break out of poverty.
The first is by formal education, and the second is by
the worker acquiring a greater s k i l l at his work and thus
higher wages. As far as Africans are concerned, both these
avenues of advancement are deliberately curtailed by le g is
lation,
I ask the Court to remember that the present
Government has always sought to hamper Africans in their 10
search for education. One of their early acts , after coming
into power, was to stop subsidies for African school feed -
ing , Many African children who attended schools depended
on this supplement to their d iet . This was a cruel act .
There is compulsory education for a ll White
, childrenat v irtually no cost to their parents , be they rich
or poor. Similar f a c i l i t i e s are not provided for the
African ch ildren , though there are some who receive such
assistance. African ch i ldren , however, generally have to
pay mor for their schooling than Whites. According to 20
figures quoted by the South African Institute of Race Relations ,
in its 1963 journal , approximately 40% of African children in
the age group between 7 and 14 , do not attend school . For
those who do attend school, the standards are vastly different
from those afforded to White children . In 1 9 60 /1 the per
capita Government spending on African students at State-aided
schools was estimated at R 1 2 .4 6 , In the same year the per
capita spending on White children in the Cape Province (which
are the only figures available to me) was R 1 4 4 .5 7 . Although
there are no figures available to me, it can be stated , without 30
- 51 - ACCUSED No. 1 .
doubt, that the White children on whom R144 .57 per head
was being spent all came from wealthier homes than African
children , on whom R12 .46 per head was being spent.
The quality of education is also d i f fe r e n t . Ac-
African
cording to the Bantu Education Journal, only 5 ,6 6 0 /c h i l d r e n
in the whole of South Africa passed their Junior Certificate
in 1962 , and in that year only 362 passed matric . This
is presumably consistent with the policy of Bantu education
about which the present Prime Minister s a id , during the
debate on the Bantu Education B i n in 1953 : (when he was
Minister of Native A f fa ir s )
"When I have control of Native education , I w ill
reform it so that Natives will be taught from
childhood to real ise that equality with Euro
peans is not for them. . . People who believe in
equality are not desirable teachers for natives .
When my Department controls Native education,
it w il l know for what class of higher education
a native is f i t t e d , and whether he w i l l have a
chance in l i f e to use his knowledge. "
The other main obstacle to the economic advance
ment of the African is the industrial colour bar under which
all the better jobs of industry are reserved for Whites only
Moreover, Africans who do obtain employment in the un
skilled and semi-skilled occupations which are open to them,
are not allowed to form Trade Unions which have recognition
under the Industrial Conciliation Act. This means that
strikes of African workers are i l l e g a l , and that they are
denied the right of collective bargaining which is permitted
to the better-paid White workers. The discrimination in the
policy of successive South African Governments towards
African workers is demonstrated by the so-called "c iv i l i ze d
- 52 - ACCUSED No. 1.
labour p o l ic y " under which sheltered unskilled Government
jobs are found for those White workers who cannot make the
grade in industry , at wages which far excceeded the earnings
of the average African employee in industry .
The Government often answers its cr it ics by
saying that Africans in South Africa are economically better
offthan the inhabitants of the other countries in Africa .
I do not know whether this statement is true and doubt
whether any comparison can be made without having regard
to the cost of l iv ing index in such countries . But even i f 10
it is true , as far as the African people are concerned, it is
irrelevant . Our complaint is not that we are poor by com
parison with people in other countries , but that we are
poor by comparison with White people in our own country,
and that we are prevented by leg is lat ion from altering this
imbalance.
The lack of human dignity experienced by Africans
is the direcg result of the policy of White supremacy.
White supremacy implies Black in f e r io r it y . Legislation
designed to preserve White supremacy entrenches this notion. 20
Menial tasks in South Africa are invariably performed by
Africans. When anything has to be carried or cleaned the
White man w ill look around for an African to do it for him,
whether the African is employed by him or not. Because of
this sort of a tt itu d e , Whites tend to regard Africans as a
separate breed. They do not look upon them as people with
f amilies of their own; they do not reasl ise that we have emo
tions - that we fa l l in love like White people do; that we
want to be with our wives and children like White people
want to be with th e irs , that we want to earn enough money 3D
- 53 - ACCUSED No. 1.
to support our fam ilies properly , to feed and clothe them
and sens them to s chool. And what "house-boy" or "garden-
boy" or "labourer " can ever hope to do this?
Pass Laws, which to the Africans are among the
most hated piece of leg is lat ion in South A fr ica , render
any African l iable to police surveillance at any time. I
doubt whether there is a single African male in South
Africa who has not at some stage had a brush with the police
over his pass . Hundreds and thousands of Africans are
thrown into 'gaol each year under pass laws. Even worse than 10
this is the fact that pass laws keep husband and wife apart
and lead to the breakdown of family l i f e .
Poverty and the breakdown of family l i f e have
secondary e f fe c t s . Children wander about the streets
of the Townships because they have no schools to go to ,
or no money to enable than to go to school , or no parents
at home to see that they go to school because both parents ,
if there be two, have to work to keep the family alive .
This leads to a breakdown in moral standardsjto an alarming
rise in illegitim acy and to growing violence which erupts , 20
not only p o l i t i c a l l y , but everywhere. Life in the townships
is dangerous; there is not a day that goes by without
somebody being stabbed or assaulted . And violence is carried
out of the townships into the White living areas. People
are afraid to walk alone in the streets after dark. House
breakings and robberies are in creas in g , despite the fact that
the death sentence can now be imposed for such o ffences .
Death sentences cannot cure the festering sore. The only
cure is to alter the conditions under which Africans are
forced to l i v e , and to meet their legitimate grievances, 30
- 54 - ACCUSED No. 1.
Africans want to be paid a living wage. Africans
want to perform work which they are capable of doing, and
not work which the Government declares them to be capable, o f .
We want to be allowed to live where we obtain work, and
not be endorsed out of an area because we were not born there.
We want to be allowed on own land in places where we work,
and not to be obliged to live in rented houses which we can
never call our own. We want to be part of the general
population , and not confined to living in our ghettos.
African men want to have their wives and children to live 10
with them where they work, and not to be forced into an
unnatural existence in men's hostels . Our women want to
be with their men fo lk , and not to be left permanently
widowed in the Reserves. We want to be allowed out after
11 o ’ clock at night and not to be confined to our rooms
like l i t t le children . We want to be allowed to travel in
our own country, and to seek work where we want t o , and not
where the Labour Bureau te lls us to. We want a just share
in the whole of South A frica ; we want security and a stake
in society , 20
Above a l l , my lord, we want equal p o l i t i c a l rights -
because without them our d i s a b i l i t i e s w il l be permanent.
I know this sounds revolutionary to the Whites in this
country, because of the majority of voters w ill be A fricans ,
This makes the white man fear democracy. But this fe a f *c a n
not be allowed to stand in the way of the only solution
which w il l guarantee r ac ia l harmony and freedom for a l l .
It is not true that the enfranchisement of a l l w i l l result in
r ac ia l domination. P o l it ic a l d iv is io n , based on colour,
is entirely a r t i f i c i a l , and when it disappears , so w ill the 30
- 55 - ACCUSED to.,1.
domination of one colour group by another. The A .N .C , has
spent half a century fighting against rac ial ism . When it
triumphs, as it certainly must, it w il l not change that
policy .
This then is what the A .N .C , is f ig h t in g . Our
struggle is a truly n a t io n a l ' one. It is a struggle of the
African people , inspired by our own suffering and our
own experience . It is a struggle for the right to l iv e .
During my lifetime I have dedicated my l i f e to
this struggle of the African people. I have fought 10
against White domination, and I have fought against Black
domination. I have cherished the ideal of a democratic
and free society in which a l l persons; live together in
harmony and with equal opportunities . It is an ideal
which I hope to live fo r , and to see r e a l i s e d . But my lord ,
i f needs be , it is an ideal for which I am prepared to die .
Mr, Fischer calls Accused No, 2.
Collection Number: AD1844 State vs Nelson Mandela and 9 Others (Rivonia Trial)
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