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Home , 1956 Treason Trial, Apartheid legislation, Delmas Treason Trial, Denis Goldberg, Denis Worrall, Free Nelson Mandela

Canisius College

Model 36th Annual Conference

Historic Security Council, June 5, 1989 in

Overview South Africa’s territory has been long sought after for its rich natural resources and desirable location for trade, located as it is at the junction of the Atlantic and Indian Oceans. Like many other countries, it was colonized in the mid-1600s and was fought over with the discovery of diamonds and gold. The area was the main location for the Boer Wars and, by the end of these wars, the seeds of Apartheid were already planted in the land. Colonial control by the English was also influential in what resulted in the segregation of blacks and whites in South Africa, what eventually came to be known as the system of Apartheid. This notion was solidified with the National Party and their execution of apartheid and its racial separation. The policy of racial separation and repression of black Africans reached its goal of maintaining white dominion over the area and, by the 1960s, featured territorial separation and many other types of systematized . This has become an international concern because it concerns not only the basic human rights of the peoples who are segregated and repressed, but because it could affect regional or even global peace and security. The Civil Rights Movement in the drew global attention to internal systems of racial discrimination, and South Africa’s apartheid regime stands out now as the most visible example of government-imposed racist policy in the world. The situation has become out of hand in the years previous to 1989 but has, from insistence of the international community, begun to wind down into ending South African Apartheid. The importance is to determine how to end the decades-long segregation and implement a proper governing and representation body for all of the South Africans, in a manner that preserves peace and security as well as the human rights of all peoples living in South Africa.

History In 1652, explorers from the Netherlands landed in modern day South Africa. The Dutch colonized the area and set up a trading point for spices at between the home country and the Far East. However, the English seized the Cape of Good Hope area in the early 1800s, causing the Dutch settlers, or Boers, to migrate north and establish their own settlements. Throughout the next hundred years, the British attempted to take over the area from the Dutch control, especially after the discovery of rich resources including diamonds and gold. Even 1

Canisius College

Model United Nations 36th Annual Conference with the British being the victors of the Boer wars, the , or Dutch descendants, and the British ruled over the area through the World Wars. In 1948, the Afrikaner National Party was voted into power, which began the movement of apartheid. South Africa became a republic in 1961, but for the white population. Apartheid was expanded as the power of the white minority grew, resulting in horrible oppression and unfair treatment of the majority black and colored population. These expansions included the allocation of most land to whites as well as segregation in public places more strictly enforced.

Some militant resisters of Apartheid advocated radical violence against the colonialists who had established control over the land for farming and who were supporters of the Apartheid regime

Most of the authorities and government were highly racist and supported the apartheid movement. The African National Congress (ANC) led the opposition to the outcomes of Apartheid, causing many gruesome internal struggles for the country to battle.

For more information see https://www.cia.gov/library/publications/the-world-factbook/geos/sf.html

Current Crisis Situation South African Apartheid is a global issue of serious concern to the international community. Its prejudicial segregation has become a human rights issue. The issue began with the National Party’s power in 1948. They instituted the idea of apartheid, separating the whites from the blacks, with laws to institutionalize racial discrimination. These laws intruded every aspect of normal life, including marriages and the workplace. Two years later, the Population Registration Act was passed that required all South Africans to be racially classified into white, black or African, or colored (of mixed parentage). This classification was based on both physical aspects, including appearance, and history, including family descent and social acceptance. Furthermore, it consisted of a person’s background, not just the history, with their speech and education. This form of segregation was enforced by the “pass books” distributed by the Department of Home Affairs, which included fingerprints and photos of the carrier. Any issue with the compliance of the strict race laws were dealt with harshly.

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Model United Nations 36th Annual Conference

The issue escalated further as more acts were passed to control the majority of South Africa. One limit on voting rights, as well as traveling rights, was passed with the 1951 Bantu Authorities Act. This act established reserves to be known as "homelands” for Africans to be assigned to as a record of origin. With this, each citizen would only be able to vote in their respective homeland, recognizing that homeland as their only citizenship and losing any right to be a part of South Africa or its government. This, in turn, required that they would need a passport to enter South Africa, essentially “aliens in their own country.” In addition, the Public Safety Act and the Criminal Law Amendment Act were passed in 1953, giving the government the power to declare states of emergency and increase the penalties for the rebels, including the ANC. People could be detained without a hearing at many of the protests that ensued the country as well as endure penalties which included fines, imprisonment and whippings. A major event occurred in 1960, later known as the Sharpeville Incident or . It began with a large group of black Africans refusing to carry their passes. The government declared a state of emergency and fighting ensued among the protests. Ultimately, the emergency lasted for 156 days, killing 69 people and leaving 187 people wounded. To the global community, this horrific event only gave more reasons to end apartheid in South Africa. However, the white superiority had no intention of getting rid of their laws.

For more information, see http://www-cs-students.stanford.edu/~cale/cs201/apartheid.hist.html

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Model United Nations 36th Annual Conference

Nelson Mandela

Although just one man among many hundreds of thousands involved in the resistance against the Apartheid regime in South Africa, is perhaps the best known and most widely celebrated for his activism and, in his later years, for advocacy of peaceful civil disobedience. For a documentary about Mandela, see PBS Frontline’s “The Long Walk of Nelson Mandela”: http://www.pbs.org/wgbh/pages/frontline/shows/mandela/. A brief summary of his career and activities to date appears below. Although he is incarcerated at this moment (June 5, 1989) Mandela is a powerful human symbol of the resistance against Apartheid and the movement for freedom in South Africa.

******* Nelson Mandela joined the African National Congress in 1944 when he helped to form the ANC Youth League. He rose through the ranks of the ANCYL and through its efforts, the ANC adopted a more radical mass-based policy, the Programme of Action in 1949. In 1952 he was chosen at the National Volunteer-in-Chief of the with Maulvi Cachalia as his deputy. This campaign of civil disobedience against six unjust laws was a joint programme between the ANC and the South African Indian Congress. He and 19 others were charged under the Suppression of Communism Act for their part in the campaign and sentenced to nine months hard labour, suspended for two years.

A two-year diploma in law on top of his BA allowed Nelson Mandela to practice law, and in August 1952 he and established South Africa’s first black law firm, . At the end of 1952 he was banned for the first time. As a restricted person he was only permitted to watch in secret as the was adopted in on 26 June 1955.

Nelson Mandela was arrested in a countrywide police swoop on 5 December 1955, which led to the . Men and women of all races found themselves in the dock in the marathon trial that only ended when the last 28 accused, including Mandela [eventually] were acquitted on 29 March 1961. On 21 March 1960 police killed 69 unarmed people in a protest in Sharpeville against the . This led to the country’s first state of emergency and the banning of the ANC and the Pan Africanist Congress on 8 April. Nelson Mandela and his colleagues in the Treason Trial were among thousands detained during the state of emergency.

Days before the end of the Treason Trial Nelson Mandela travelled to Pietermaritzburg to speak

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Canisius College

Model United Nations 36th Annual Conference at the All-in Africa Conference, which resolved that he should write to Prime Minister Verwoerd requesting a non-racial national convention, and to warn that should he not agree there would be a national strike against South Africa becoming a republic. As soon as he and his colleagues were acquitted in the Treason Trial Nelson Mandela went underground and began planning a national strike for 29, 30 and 31 March. In the face of massive mobilisation of state security the strike was called off early. In June 1961 he was asked to lead the armed struggle and helped to establish Umkhonto weSizwe (Spear of the Nation) which launched on 16 December 1961 with a series of explosions.

On 11 January 1962, using the adopted name David Motsamayi, Nelson Mandela secretly left South Africa. He travelled around Africa and visited to gain support for the armed struggle. He received military training in Morocco and Ethiopia and returned to South Africa in July 1962. He was arrested in a police roadblock outside Howick on 5 August while returning from KwaZulu- where he had briefed ANC President Chief about his trip. He was charged with leaving the country illegally and inciting workers to strike. He was convicted and sentenced to five years' imprisonment which he began serving in the Local Prison. On 27 May 1963 he was transferred to and returned to Pretoria on 12 June. Within a month police raided Liliesleaf, a secret hide-out in Rivonia used by ANC and Communist Party activists, and several of his comrades were arrested.

On 9 October 1963 Nelson Mandela joined ten others on trial for sabotage in what became known as the . While facing the death penalty his words to the court at the end of his famous ‘Speech from the Dock’ on 20 April 1964 became immortalised:

“I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal which I hope to live for and to achieve. But if needs be, it is an ideal for which .”

On 11 Nelson Mandela and seven other accused: , , , , Denis Goldberg, Elias Motsoaledi and were convicted and the next day were sentenced to life imprisonment. Denis Goldberg was sent to Pretoria Prison because he was white, while the others went to Robben Island.

On 31 March 1982 Nelson Mandela was transferred to in Cape Town with Sisulu, Mhlaba and Mlangeni. Kathrada joined them in October. When he returned to the prison in November 1985 after prostate surgery Nelson Mandela was held alone. Justice Minister visited him in hospital. Later Nelson Mandela initiated talks about an ultimate meeting between the apartheid government and the ANC.

On 12 August 1988 he was taken to hospital where he was diagnosed with tuberculosis. After more than three months in two hospitals he was transferred on 7 December 1988 to a house at Victor Verster Prison near Paarl [where he remains imprisoned at the present time].

Adapted from http://www.nelsonmandela.org/content/page/biography

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Model United Nations 36th Annual Conference

International Community The international community has become heavily involved in the South African Apartheid issue. Most countries, especially of the West, have taken public positions opposing or the human rights violations that were occurring. However, many of these same countries would not support sanctions on South Africa because it would be too costly to lose their business ties to this richly endowed state at a crucial point on a strategic route to the east. South Africa provided the Western countries with important resources, such as gold and coal, and provided an important market for Western products. For this reason, the West was reluctant to break all relations with South Africa. For more information, see: http://www.sahistory.org.za/20th-century-south-africa/south-africas-foreign-relations-during-apartheid-1948

United Nations The South African government responded to comments on its policy from other countries by saying that apartheid was part of the internal affairs of the country, and for this reason fell beyond the scope of the United Nations, the charter of which emphasizes the sovereignty of the states that make up its membership. However, from the first instance the issue was mentioned in 1946, the discussion never really went away. It was brought back into the focus of the international community and the UN especially in 1960 with the Sharpeville Incident/Massacre. According to one comprehensive online source concerning the Apartheid regime,

In 1960 the worldwide view changed as a result of the Sharpeville Incident. As from this point many Western countries no longer held the view that apartheid fell within internal affairs and they began to openly criticise South Africa. On 1 April 1960 the Security Council also discussed the issue, and recognised that it might be a threat to world peace and security. They called upon the government to introduce measures to bring about racial harmony. The South African government instead reacted with banning the ANC and PAC. From this point on the UN decided to follow steps to try and ensure the following of the UN Charter inside South Africa.

In 1961 United Nations Secretary-General, Dag Hammarskjold visited South Africa, but reported back that he could not come to an acceptable agreement with the Prime Minister. In the same year H.F. Verwoerd announced South Africa’s withdrawal from the Commonwealth of Nations as a result of criticism from this organisation, and the Foreign Minister was criticized for his speech in the General Assembly. In 1966, the first of many UN seminars on apartheid was held in Brazil, and later in the same year the General Assembly proclaimed 21 March to be International Day for the Elimination of Racial Discrimination in remembrance of the Sharpeville Incident. A 1971 General Assembly resolution condemned the establishment of homelands. In 1974 there was a resolution to expel South Africa from the United Nations as a result of human rights violations, but it was not accepted as France, the UK and the USA did not support it.

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Model United Nations 36th Annual Conference

The one possible form of action against South Africa was the introduction of economic sanctions and the isolation of South Africa. Sanctions were often discussed and supported in the UN, and many recognised them as an effective and peaceful means of pressure. However, the main trading partners of South Africa continually voted against the introduction of mandatory sanctions in the Security Council. In 1962 the General Assembly asked that member states break diplomatic, trade and transport relations in an attempt to convince South Africa to abandon apartheid, and again in 1968 they asked for the suspension of all cultural, educational and sporting exchanges. In 1963 the Security Council called upon states to stop the sale of arms to South Africa, and repeated the call in 1970 (when only France, the UK and the USA abstained from voting) and again in 1972. It was however only in 1977 that the arms embargo became mandatory, and other sanctions were still not in place. The year 1982 was decaled International Year of Mobilisation for Sanctions against South Africa by the General Assembly, with a new programme of action being introduced the following year. In 1985 the Security Council called on members to introduce more far reaching economic measures against South Africa, but a draft resolution of selective sanctions was vetoed by the UK and USA in 1988.

Another form of possible assistance from the UN revolved around assisting the victims of apartheid. In 1963 the General Assembly passed a resolution calling on states to contribute to funds assisting victims of apartheid. The Special Committee Against Apartheid was set up in the same year, with a Centre Against Apartheid being established in 1976 and 1978-9 being declared International Anti-Apartheid Year. Many countries did adhere to this call, and some private contributions had even been provided prior to the United Nations call. In 1972 the Security Council made a similar call for contributions and recognised the legitimacy of the struggle against apartheid. The next year they recognised the freedom movements as the true representatives of the majority of the South African people. …the UN [has been] continually [criticized for having] failed to take steps to being apartheid to an end.

http://www.sahistory.org.za/20th-century-south-africa/south-africas-foreign-relations-during-apartheid-1948

Despite the criticism of the United Nations, the General Assembly has not been silent on this issue. Several actions of direct or indirect relevance have been taken. The list below gives the reader a sense of the General Assembly’s engagement with the issue. Links to these may be found here: http://www.un.org/documents/instruments/docs_subj_en.asp?subj=110

• International Convention against Apartheid in Sports (10 December 1985) A/RES/40/64 • Declaration on South Africa (12 December 1979) A/RES/34/93 • Declaration on (3 May 1978) A/RES/S-9/2 • International Declaration against Apartheid in Sports (14 December 1977) A/RES/32/105 • International Convention on the Suppression and Punishment of the Crime of Apartheid (30 November 1973) A/RES/3068 (XXVIII)

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Model United Nations 36th Annual Conference

For example, in the 1979 Declaration on South Africa for their apartheid, the UN General Assembly urged sanctions against the country. They viewed apartheid as “a crime against humanity… [and] constitutes a threat to international peace and security.” In this document, they make the following points:

Ø UN gives full support of the national liberation movement Ø Appeals to all states to provide necessary assistance to the liberation movement Ø Any collaboration with the acts of apartheid as a hostile act against the UN Ø Calls upon all governments involved to sever any ties with South Africa Ø Promotes UN Trust Fund for South Africa Ø Invites member countries to assist in the International Conference on Sanctions against South Africa Ø Encourages an arms and oil embargo against South Africa Ø Information on the assistance of women, children and oppressed from apartheid

Source: http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/377/20/IMG/NR037720.pdf?OpenElement As of 1985, with the situation still out of the UN’s major control, the General Assembly took further steps to isolate South Africa. They did so by establishing an International Convention against Apartheid in Sports. Although not singularly directed at South Africa, the overall sentiment was pointed in their direction. Within this document, the UN once again mentioned their previous sanctions against South Africa and focused on what can further be done to “eradicate” apartheid. Source: http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/477/71/IMG/NR047771.pdf?OpenElement See also the text of the International Convention on the Suppression and Punishment of the Crime of Apartheid, http://www1.umn.edu/humanrts/instree/apartheid-supp.html Questions to Ponder

• What, if anything, can the Security Council do with respect to the situation in South Africa? To the extent that there is movement toward the reform and the possible abolition of Apartheid, what can the Council do to encourage government of South Africa to continue making progress? Or is this a situation in which the Council should take more assertive action?

• What is the connection between the preservation of human rights in South Africa and the preservation of peace and security in Africa more broadly, and even around the world? How might you justify the Security Council taking assertive action with regard to the situation in South Africa? Just how careful must the Council be to respect the sovereignty of South Africa?

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Model United Nations 36th Annual Conference

Timeline of Recent Events, 1988-1989 1988

31 May, More than 200 South African religious leaders representing the Christian, Moslem, Jewish and Hindu faiths, decided at the end of a two-day meeting to embark on a new programme of non-violent action to end apartheid. The programme would begin with support for the "national peaceful protest" called for by COSATU (Congress of South African Trade Unions) from 6 to 8 June. Protest actions will continue with a campaign to secure the release of political prisoners lasting from 12 June to 18 July, the 70th birthday of Nelson Mandela. They also appointed a national committee to elaborate the rest of the programme, which would be a "Standing for Truth" campaign.

June, The appeal of the ‘’ against their death sentence is rejected. However, after the UN Security Council passes Resolution 615 and growing international pressure, President Botha commutes their sentence to 18-25 years in prison.

The ANC releases a document entitled ‘Constitutional Guidelines for a Democratic South Africa’.

6-8 June, Approximately 2.5 million people heed the call by COSATU for a peaceful stay-away to protest against apartheid, the state of emergency including the February banning of 18 anti-apartheid groups from all political activity and the pending Labour Relations Amendment Bill that would further restrict activities of trade unions.

11 June, The Nelson Mandela 70th Birthday Tribute Concert takes place at Wembley Stadium, . This event, which runs for 11 hours, is watched by approximately 600 million people in over 60 countries. The line up includes 60 musicians, comedians and actors.

12 June, Stanza Bopape, general secretary of the Mamelodi Civic Organisation, dies of a heart attack in detention after he is tortured by electric shock. His body is dumped in the Komati River. Police later report to his family and claim that he had escaped from prison.

30 June, Zimbabwe foils an attempt by a South African commando to rescue five alleged South African agents awaiting trial for bomb attacks against the ANC in Zimbabwe.

7 July, , Ebrahim Rasool, Mountain Qumbela, Hilda Ndude, all officials of the UDF (United Democratic Front – an important anti-apartheid group) in the , and Mzonke Jacobs, president of the Cape Youth Congress, are released after being detained for two years under the state of emergency. Manuel, Rasool and Jacobs are served with restrictions orders limiting their movements and activities and barring them from speaking to the press.

18 July, Die Beeld, a pro-government newspaper, runs an editorial coinciding with Nelson Mandela’s 70th birthday urging the government to release him.

5-7 August, The National Council of Trade Unions (NACTU) holds its annual congress in . It is attended by over 200 delegates who re-elect James Mndaweni as president and Piroshaw Camay as general-secretary.

14 August, Nelson Mandela is admitted to the Tygerberg Hospital, suffering from a lung ailment.

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Model United Nations 36th Annual Conference

31 August, The South African Council of Churches (SACC) headquarters, Khotso House in Johannesburg, is destroyed by a bomb and 19 people are injured.

September, COSATU and IFP () sign a peace accord which agrees to the establishment of a complaints adjudication board to mediate conflict.

13 September, Three leading anti-apartheid activists, , Murphy Morobe, and Vusi Khanyile, escape from detention and seek refuge in the American Consulate in Johannesburg.

7-9 October, A delegation comprising members of the NIC and TIC hold talks with the ANC in Lusaka and issue a joint communiqué.

12 October, The headquarters of the Southern African Catholic Bishops Conference, Khanya House in Pretoria, is set alight. No one is injured and no arrests are made.

19 October, Mohammed Valli Moosa, Murphy Morobe and Vusi Khanyile end their 37-day sit-in at the American Consulate-General in Johannesburg. The three men, who had previously pledged not to leave until other detainees were freed and repressive laws repealed, announced that they had successfully publicized the status of 1,300 persons presently in detention under the emergency. However, they said that they still felt some apprehension in leaving the embassy, despite the regime's assurances that they would not be re-detained or restricted.

18 November, The accused in the are found guilty of treason but sentencing is set down for a different date.

26 November, and Zaphania Mothopeng are released from Robben Island.

7 December, Nelson Mandela is moved from Pollsmoor Prison to Victor Verster Prison near Franschhoek. He is given his own cottage and allowed visitors. Mandela regularly meets with UDF leaders. Meanwhile, the government also initiates direct talks between the NIS and the ANC.

8 December, Sentencing is handed down in the Delmas Treason Trial with 11 of the defendants being convicted. is sentenced to 12 years while and Moses Chikane receive 10 years and Thomas Manthata six for treason. The other seven are convicted of terrorism with six receiving suspended sentences and one receiving a five year prison sentence.

29 December, James Seipei (known as Stompie Mokhetsi), a 14 year old ANC activist, and three other youths are picked up by members of Winnie Mandela’s bodyguard, the Mandela United Football Club after being accused of being a police informers. Stompie’s body is later found in stabbed through the neck. 1989

8 January, In its 8th January statement the ANC declares 1989 ‘The Year of Mass Action for People’s Power’ and proposes a campaign of militant mass defiance.

18 January, State President P.W. Botha suffers a stroke. Despite his health he refuses to resign from office.

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Model United Nations 36th Annual Conference

2 February, P.W. Both resigns as leader of the National Party and is replaced by F.W. de Klerk.

16 February, Representatives of leading anti-apartheid organisations, including the UDF and COSATU, hold a news conference at which they announce that the organizations were distancing themselves from Winnie Mandela. This was due to allegations that a group connected with Mrs. Mandela, the Mandela United Football Club, was "associated" with a "reign of terror" in Soweto that included the abduction and beating of several Soweto youths on 29 December, resulting in the death of Stompie Mokhetsi.

19 February, Four of Winnie Mandela’s bodyguards are arrested at her home in connection with the death of Stompie Mokhetsi.

March, Nelson Mandela sends a memorandum to President P.W. Botha in which he states that the ANC would end the armed struggle if the organization was unbanned, political prisoners released and troops are withdrawn from the townships.

April, The 7th Congress of the SACP is held in Havana where a new party programme is adopted and a new Central Committee is elected.

8 April, The PFP, the Independent Party (IP) and the National Democratic Movement (NDM) merge to form the Democratic Party (DP). The DP is placed under the combined leadership of , and .

1 May, David Webster, anthropologist and anti-apartheid activist, is assassinated outside his home in Johannesburg.

June, The ANC’s National Executive Committee meets in Lusaka, with COSATU and UDF leaders in attendance. The conference which convened to discuss the ‘looming danger of negotiations’ concluded that the government had lost the initiative and was in a crisis, but that Mass Democratic Movement (MDM) was overly dependent on foreign funding, had ‘ineffective communication with grassroots levels’, and ‘an inability to implement programmes of action’. A document was issued to MDM activists to provide guidance in the near future. The conference also resolved to begin a Defiance Campaign, beginning on 20 July and running until the election on 6 September. Part of the plan was for Black people to defy by seeking treatment at White hospitals, using White beaches or try to enroll at White schools, among others.

8 June, President P.W. Botha renews the state of emergency for another year and includes restrictions on COSATU.

Source Note This timeline is an excerpt from a much more expansive timeline on South African History Online: http://www.sahistory.org.za/topic/liberation-history-timeline-1980-1989

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Model United Nations 36th Annual Conference

References South African History Online (SAHO)’s website, http://www.sahistory.org.za/, is an incredibly rich source of detailed information, articles, photographs, and other artifacts concerning the apartheid regime and the resistance movement against that regime. See also:

• Morris, M., 2004. Every Step of the Way – The Journey to freedom in South Africa. South Africa: HSRC Press

• Bishop interview, , Online. Available at: http://www.anc.org.za/ancdocs/history/campaigns/prisoner.html

• Watson, W (2007). Brick by Brick – An Informal guide to the . Claremont, South Africa: New Africa Book (Pty) Ltd

• Jeffery, A., 2009. People’s War: New light on the struggle for South Africa. South Africa: Jonathan Ball Publishers.

• Vice-Presidents Task Force on Combating Terrorism, 1989. “African Terrorism: African National Congress” in Terrorist Group Profiles. Pennsylvania: Diane Publishing

• Wright, J, (2009), Background to political violence: Pietermaritzburg region 1987-8 5 November, [online] Available at www.pmbhistory.co.za

• SAHA, 2011. “Repressing the Leadership” from UDF 25 Years [online]. Available at www.saha.org.za

• Gilbey, E., 1993. The Lady: the life and times of Winnie Mandela. London: Jonathan Cape

• Shubin, V., 2008. “The USSR strengthens its relationship with the ANC” in ANC: A View from Moscow. South Africa: Jacana Media.

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