Remembering Rivonia
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ISSUE 3, NOVEMBER 2014 PLJ The People’s Law Journal 50 YEARS ON Remembering Rivonia Cover.indd 1 Untitled-1 1 2014/11/14 3:203:16 PM I Idid did what what I Idid did becausebecause I Iwanted wanted to to helphelp““ my my people people in in their their strugglestruggle for for equal equal rights. rights. I Iknow know this this is is not not the the placeplace to to describe describe in in detaildetail all all the the heavy heavy burdensburdens which which an an AfricanAfrican has has to to carry, carry, butbut I Iam am telling telling the the Court of some of these Court of some of these NoNo single single person person matters which make matters which make cancan liberate liberate a a country. country. ourour hearts hearts sore sore and and our our ““ minds heavy. minds heavy. YouYou can can only only liberate liberate a a countrycountry if if you you act act as as a a ” collective. ” collective. NelsonNelson Mandela Mandela”” EliasElias Motsoaledi Motsoaledi Cover.inddUntitled-1 2 2 2014/11/14 3:20 PM 2014/11/14 3:16 PM Cover.indd 2 2014/11/14 3:16 PM 4 Rivonia timeline CONTENTS Foreward .............................. .3 Rivonia then, Khayelitsha today ........... 25 Timeline of the Rivonia Trial ............... .4 A Trial of its Time ...................... 26 What else happened in the 1960s? ....... .5 50 years since Rivonia 20 years of freedom – Ahmed Kathrada. 28 The Trialists ............................ 6 Constitutionally protected rights .......... 40 Rivonia Trial Fact Sheet .................. .6 Defence Team Lawyers ................ 10 A legal framework for repression .......... 42 Prosecution Lawyer ................... 12 1950. 43 1961. 43 29 Ahmed Kathrada talks to Presiding Judge. 12 Ndifuna Ukwazi 1962. 44 The trial that changed South Africa ........ 13 1963. 44 1965. 44 The Families .......................... 16 The Sisulus ........................ 16 Speeches from the dock ................. 47 The Mandelas ...................... 18 Nelson Mandela ..................... 48 Caroline Motsoaledi ................. 20 Walter Sisulu ....................... 54 6 The Trialists Elias Motsoaledi ..................... 60 Rivonia: Lawyers who helped change South Africa .................. 21 Suggested reading ..................... 62 Cover picture: Noqaphi Nosekeni, Nelson Mandela’s mother with her grandchildren 13 The trial that changed South Africa 47 Speeches from the dock Remembering Rivonia | People’s Law Journal 1 There was nothing to read, nothing to do, “nothing to occupy my mind – nothing except to think of what was happening to my children at home. Security Branch men threatened that my children would be taken over by the State. I nearly lost hope (during 90 day detention without trial, 1963). ” Albertina Sisulu 2 Remembering Rivonia | People’s Law Journal FOREWORD elson Rolihlahla Mandela died on 5th December 2013 and this edition of the People’s Law Journal is dedicated to Madiba, Walter Sisulu, Govan NMbeki, Elias Motsoaledi, Raymond Mhlaba, Ahmed Kathrada, Andrew Mlangeni and Dennis Goldberg. The PLJ is also dedicated to their families who carried the brunt of persecution, arrests, detention banning orders and unimaginable hardships. Their collective loss, suffering and pain represents the anguish of all families of political prisoners and detainees, those banished, banned and exiled under apartheid. Bram Fischer, Arthur Chaskalson, George Bizos, Vernon Berrange, Harold Hansen and Joel Joffe’s work as lawyers in the Rivonia Trial represented political lawyering at its best: the refused to compromise the principles of freedom, equality and justice for mercy from the apartheid court. They were humble lawyers who prepared for the trial in a meticulous analysis of evidence and law. This edition of the People’s Law Journal (PLJ) is also dedicated to the lawyers of the Rivonia Trial and the hundreds of lawyers in our struggle for freedom. Joffe’s book The State versus Nelson Mandela: The Trial that Changed South Africa is one of the best and most moving accounts of the Rivonia Trial. The interview with Ahmed Kathrada conducted in a seminar of about seventy mainly young Black working- class leaders and activists is a central feature of this journal. Today, Kathrada is the last of many generations of leaders in the liberation movements who embodies the Biblical injunction “serve, suffer and sacrifice. At 85, Ahmed Kathrada remains an activist leader this PLJ comes close to being a quality journal that tirelessly educating young people and he leads the activists, active citizens, students, academics and many campaign to free Marwan Barghouti and all Palestinian more people can read. Our issue on ‘The Urban Land people held in Israeli jails. Uncle Kathy as he is known Question’ and the forthcoming one celebrating the to all of us gives this issue of the People’s Law Journal Treatment Action Campaign’s Constitutional Court special meaning. mother-to-child HIV prevention will are important activist history and contemporary tools of struggle. As historical documents, Walter Sisulu’s evidence and cross examination and Elias Motsoaledi’s speech from We worked on this PLJ as a team in the Ndifuna the dock are published in full. Nelson Mandela’s speech Ukwazi Fellowship Programme and leaders from our from the dock has been edited for length. partner organisations the Social Justice Coalition and Equal Education Law Centre. We thank Ashley The PLJ has undergone a radical change aspiring to Richardson for designing this issue. really become a people’s journal. Beautiful photos, excellent design and plain language means that People’s Law Journal Editorial Team Remembering Rivonia | People’s Law Journal 3 Timeline of the Rivonia Trial The Rivonia Trial The Rivonia Trial The Rivonia Trial 9 Oct 1963 29 Oct 1963 3 Dec 1963 The trial The State’s indictment Percy Yutar begins against the accused is makes his opening in the quashed by Judge De Wet statement for the Pretoria — and the accused are prosecution Percy Yutar makes his opening statement for the prosecution. Percy Yutar makes his opening statement for the prosecution. Percy Percy Yutar makes his opening statement for the prosecution. Percy Yutar makes his opening statement for the prosecution. Percy Supreme rearrested Yutar makes his opening statement for the prosecution. Percy Yutar Yutar makes his opening statement for the prosecution. Percy The State’s indictment against the accused is quashed by Judge De Wet – and the the accused is quashed by Judge De Wet – and the accused are rearrested. The makes his opening statement for the prosecution. Yutar makes his opening statement for the prosecution. Percy accused are rearrested. The State’s indictment against the accused is quashed by State’s indictment against the accused is quashed by Judge De Wet – and the Percy Yutar makes his opening statement for the prosecution. Yutar makes his opening statement for the prosecution. Percy Yutar Court Judge De Wet – and the accused are rearrested. The State’s indictment against the accused are rearrested. The State’s indictment against the accused is quashed by Percy Yutar makes his opening statement for the prosecution. makes his opening statement for the prosecution. Percy Yutar makes accused is quashed by Judge De Wet – and the accused are rearrested. The State’s Judge De Wet – and the accused are rearrested. The State’s indictment against the Percy Yutar makes his opening statement for the prosecution. Percy his opening statement for the prosecution. Percy Yutar makes his The trial begins in the Pretoria in the Pretoria Supreme Court. Yutar makes his opening statement for the prosecution. Percy opening statement for the prosecution. Percy Yutar makes his Supreme Court. The trial begins The trial begins in the Pretoria indictment against the accused is quashed by Judge De Wet – and the accused accused is quashed by Judge De Wet – and the accused are rearrested. The State’s are rearrested. The State’s indictment against the accused is quashed by Judge De indictment against the accused is quashed by Judge De Wet – and the accused Yutar makes his opening statement for the prosecution. Percy Yutar opening statement for the prosecution. Percy Yutar makes his in the Pretoria Supreme Court. Supreme Court. The trial begins makes his opening statement for the prosecution. Percy Yutar makes opening statement for the prosecution. Percy Yutar makes his The trial begins in the Pretoria in the Pretoria Supreme Court. Wet – and the accused are rearrested. The State’s indictment against the accused is are rearrested. The State’s indictment against the accused is quashed by Judge De quashed by Judge De Wet – and the accused are rearrested. The State’s indictment Wet – and the accused are rearrested. The State’s indictment against the accused is his opening statement for the prosecution. Percy Yutar makes his opening statement for the prosecution. Percy Yutar makes his opening Supreme Court. The trial begins The trial begins in the Pretoria opening statement for the prosecution. Percy Yutar makes his opening statement for the prosecution. in the Pretoria Supreme Court. Supreme Court. The trial begins against the accused is quashed by Judge De Wet – and the accused are rearrested. quashed by Judge De Wet – and the accused are rearrested. The State’s indictment The State’s indictment against the accused is quashed by Judge De Wet – and the against the accused is quashed by Judge De Wet – and the accused are rearrested. statement for the prosecution. Percy Yutar makes his opening statement for the prosecution. Percy The trial begins in the Pretoria in the Pretoria Supreme Court. Percy Yutar makes his opening statement for the prosecution. Yutar makes his opening statement for the prosecution. Percy Yutar Supreme Court. The trial begins The trial begins. accused are rearrested. The State’s indictment against the accused is quashed by The State’s indictment against the accused is quashed by Judge De Wet – and Judge De Wet – and the accused are rearrested. The State’s indictment against the accused are rearrested.