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. Percy Yutar makes his opening statement for the prosecution. makes his opening statement for the prosecution.

What else happened in the 1960s?

The Sharpeville Banning of the ANC Massacre and PAC 21 March 1960 7 April 1960

arly in the morning car panicked and began Eon 21 March, people shooting into the crowd. were woken from their beds Other officers immediately by members of the Pan- joined in and began firing African Congress (PAC). on the crowd. After about The PAC had planned a large 2 minutes, when the firing demonstration to protest stopped and the dust settled, he passing of the against the Pass Laws. 69 people were dead and 180 TUnlawful Organisations people were seriously injured. Act (34 of 1960) allowed The pass laws required the government to ban Black South Africans to The protestors were unarmed organisations that threatened carry passes at all times and and the demonstration public order or the safety of restricted their movements in was peaceful. At no point the public. urban areas. did police ask the crowd to disperse. An official inquiry The African National The demonstration marched afterwards also revealed Congress and the Pan- towards Orlando Police that many people were shot African Congress were Station. Here approximately in the back while trying to immediately declared 5000 demonstrators faced run away. unlawful after the 300 armed police officers. commencement of this act. At around 1:15pm an officer The Sharpeville massacre was was accidentally pushed over. one of the worst incidents Another officer who was of police brutality in South sitting on top of an armoured African history.

4 Remembering Rivonia | People’s Law Journal The Rivonia Trial The Rivonia Trial The Rivonia Trial The Rivonia Trial

20 Apr 1964 20 May 1964 11 Jun 1964 12 Jul 1964 The Nelson Mandela Closing verdict is The makes his “I am statements announced. convicted prepared to die” begin All the defendents Closing statements begin. Closing statements begin. Closing statements begin. Closing statements begin. Closing statements statement from begin. Closing statements begin. Closing statements begin. are Closing statements begin. Closing statements begin. Closing defendents, statements begin. Closing statements begin. Closing the dock as the statements begin. Closing statements begin. Closing statements sentenced begin. Closing statements begin. Closing statements begin. except for Closing statements begin. Closing statements begin. defence opens its Closing statements begin. Closing statements begin. Closing to life in statements begin. Closing statements begin. Closing Bernstein statements begin. Closing statements begin. Closing statements begin. Closing statements begin. Closing statements begin. case Closing statements begin. Closing statements begin. Closing prison Nelson Mandela makes his “I am prepared to die” statement prepared to die” statement from the dock as the defence opens statements begin. Closing statements begin. Closing statements and Kantor, The convicted defendents are sentenced to imprisonment. The convicted defendents from the dock as the defence opens its case. its case. Nelson Mandela makes his “I am prepared to die” begin. Closing statements begin. Closing statements begin. life imprisonment. The convicted defendents are sentenced to life imprisonment. The PNelson Mandela makes his “I am prepared to die” statement statement from the dock as the defence opens its case. Nelson Closing statements begin. are sentenced to life imprisonment. The convicted defendents are sentenced to life from the dock as the defence opens its case. Nelson Mandela Mandela makes his “I am prepared to die” statement from the are found convicted defendents are sentenced to life imprisonment. The convicted defendents makes his “I am prepared to die” statement from the dock as dock as the defence opens its case. Nelson Mandela makes his imprisonment. The convicted defendents are sentenced to life imprisonment. The the defence opens its case. Nelson Mandela makes his “I am “I am prepared to die” statement from the dock. are sentenced to life imprisonment. The convicted defendents are sentenced to life guilty convicted defendents are sentenced to life imprisonment.

What else happened in the 1960s?

Treason Trial results MK Launches its 90-Day in Acquittal! Sabotage Campaign Detention Law 29 March 1961 16 December 1961 2 May 1963

n 1955 a mass meeting he General Law Icalled the Congress of TAmendment Act (37 the People was held in of 1963) allowed police to Kliptown. The Congress detain a person for 90 days was used to draft Freedom without charge. After release, Charter. The freedom a person could be rearrested charter contained the core for a further 90 days. principles of the anti- ccording to Nelson On 11 July 1963 Walter apartheid struggle. AMandela, uMkhonto we Sizwe (MK) was formed to Sisulu, Govan Mbeki, In 1956 the police arrested channel the African people’s Raymond Mlaba, Ahmed 156 of the Congress leaders anger into more responsible Kathrada, Lionel Bernstein, and charged them with High form of violent resistance, Denis Goldberg, Arthur Treason. High treason carries and because he realised that Goldreich and Bob Hepple a possible death sentence. violence was necessary to were arrested at Lilliesleaf The state failed to prove its defeat the white supremacy of Farm and detained under case, and by the end of the the Apartheid state. this law. trial on 31 March the court had discharged or acquitted MK tried to make sure that all of the accused. any act of sabotage did not result in someone being killed. On 16 December MK started its campaign of sabotage by blowing up an electricity generator.

Remembering Rivonia | People’s Law Journal 5 The Trialists Rivonia Trial Fact Sheet

FF Ahmed Kathrada When the ANC came into power FF Arthur Goldreich 21 Aug 1929 – Present in 1994, Ahmed Kathrada was 1929 – 24 May 2011 elected as a member of the South At the age of 12 Ahmed Kathrada African Parliament. In 1961, Goldreich and lawyer joined the Young Communist Harold Wolpe bought Lilliesleaf League. His journey into Today he continues to write, Farm in Rivonia, Johannesburg, to revolutionary politics started when speak and educate. use as headquarters for the SACP, he had to carry a pass as an Indian and later, the secret headquarters of FF child. He had to to move from his Andrew Mlangeni Umkhonto We Sizwe (MK), where home town of Schweizer-Reneke to 6 Jun 1925 - Present the underground leadership of the Johannesburg because there was no banned ANC secretly met. Andrew Mokete Mlangeni, Indian school in the town. He was originally from Soweto, joined arrested and detained on numerous On 11 July 1963, Goldreich was the ANC Youth League and occasions in the 1950s and early arrested at the farm during the later in 1954 he joined the ANC. 1960s. ‘Rivonia Raid,’ however, like Harold From 1958 to 1960 he was an Wolpe, Arthur Goldreich never In 1962, he was subjected to house ANC stalwart and in 1961 he stood trial as he managed to escape arrest, however, he continued to was among the first to be sent from custody at Marshall Square attend meetings at Lilliesleaf Farm for military training outside the Police Station in Johannesburg on – disguised as a Portuguese – where country. 11 August 1963, after bribing a he was arrested with the other young prison official. Rivonia trialists. On his return in 1963 he was arrested after state witnesses told Eventually they made their way to Although the case against Kathrada the court that he was one of the Swaziland disguised as a priests. was weak and there was no evidence people responsible for recruiting After his dramatic escape, he moved directly tying him to Operation and training an armed force. to Israel in 1964, where he became Mayibuye or sabotage, Kathrada an architect. was convicted on one of the four He was found guilty and charges against him and sentenced sentenced to life imprisonment to life in prison. on Robben Island.

He was released in 1989, after Today, he is still an active completing 26 years of his sentence. member of the ANC.

6 Remembering Rivonia | People’s Law Journal The Trialists Rivonia Trial Fact Sheet

FF Denis Goldberg FF Elias Motsoaledi FF Govan Mbeki 11 Apr 1933 – Present 26 Jul 1924 – 9 May 1994 9 Jul 1910 – 30 Aug 2001

Denis Goldberg, a civil engineer Elias Motsoaledi, originally from Mbeki studied for a BA degree by training, became a leading Sekhukune Land (in what is now at the University College of Fort member of the Congress of South Africa’s Limpopo province), Hare where he completed a degree Democrats in the mid-1950s. went to Johannesburg at the age in Politics and Psychology. After During the State of Emergency of 17 in search of work and found graduating, Mbeki began a life of 1960, he was detained for four a job in a leather factory where he of political activism and served months in prison without trial. became aware of labour unions. on the editorial board of the He was dismissed from his job for In 1945, Motsoaledi joined the New Age, a liberation movement his political activism after release. CPSA; and in 1948, he joined the journal, and was a leader of ANC, becoming a member of the the ANC and the SACP. He By 1963, he was considered ‘the Transvaal executive. In 1962, he was one of the leading pioneers most dangerous white man in joined the MK and became actively in the founding of Umkhonto South Africa.’ Goldberg became involved in its operations. we Sizwe, and was sentenced a technical officer of the MK to life imprisonment in 1964. and was arrested in 1963 at In 1963, he was arrested together Upon his release in 1987, he was Lilliesleaf Farm and sentenced with the Rivonia trialists under immediately part of the people’s in the Rivonia Trial to life the 90-day detention laws, and was struggles to defeat the apartheid imprisonment at the ‘whites sentenced to life imprisonment regime by contributing to the only’ Pretoria Prison. He was during the Rivonia trial for his rebuilding of legal structures of the the only white member of the involvement in the MK. ANC and the SACP. MK to be arrested and sentenced Motsoaledi was released from in the Rivonia Trial to life Robben Island in 1989, after having In the Preface to her book, The imprisonment. served 26 years in prison. In 1991 Peasants Revolt, Ruth First had this he was elected to the ANC National to say about Govan Mbeki: After his release in 1985 after 22 Executive Committee. years in prison, Goldberg went ‘Govan has a sharp mind, into exile in London to join his intolerant of the foolish and the family where he resumed his faint-hearted. But in between work for the ANC. the meetings, and the drafting

Remembering Rivonia | People’s Law Journal 7 of circulars and resolutions, the FF James Kantor FF Lionel ‘Rusty’ stern disciplinarian becomes the 26 Feb 1927 – 1974 gentle and considerate friend. The Bernstein 20 Mar 1920 – 23 Jun 2002 last years have been hard ones James Kantor was a skilled criminal for a man who has renounced and matrimonial lawyer. He was home and family life, comfort Lionel ‘Rusty’ Bernstein, born one of the defence lawyers in the and study, to lead the life of the in Durban of European Jewish political outlaw...His own hatred Rivonia Trial until his brother- immigrants, was an architect by of poverty and racial rule has led in-law and law practice partner, profession. Govan Mbeki to place the cause Harold Wolpe, one of the accused, of his people before his personal managed to escape from police He joined the SACP in 1939 needs.’ custody. as a student, and later worked as a full-time party official FF Harold Wolpe Kantor was then himself arrested and secretary of the party’s 14 Jan 1926 – 19 Jan 1996 and charged with the same crimes Johannesburg District. as the other defendants, as a Wolpe was born in Johannesburg hostage for Wolpe. Harry Schwarz, He was arrested at Rivonia to a Lithuanian Jewish family. As a close friend and a well-known in July 1963 for and charged a lawyer, much of Wolpe’s legal for his alleged membership of work was centrally connected politician, stepped in to act as his the central committee of the with the South African struggles defence lawyer in the trial. underground Communist Party as he represented several anti- apartheid figures in the 1950s After aggressive treatment by the at the time. and 1960s in political court prosecutor Percy Yutar, Judge Although he had been present cases. He was an important Quartus de Wet discharged Kantor, at Rivonia at the time of the member of the illegal SACP and stating ‘Accused No 8 has no case to raid, apparently to erect a was engaged with the ANC. answer.’ radio mast, he denied being He was arrested and imprisoned After his acquittal, Kantor moved a member of Umkhonto We after the ‘Rivonia Raid’ in 1963, to England where he left the Sizwe, and because of the little but managed to escape from legal profession and developed a evidence against him, he was police custody with Arthur Goldreich. He lived in exile in successful publishing business. acquitted. England for 30 years where he was a lecturer at the University of Essex, and returned to South Africa in 1991.

8 Remembering Rivonia | People’s Law Journal FF Nelson Mandela FF Raymond Mhlaba FF Walter Sisulu 18 Jul 1918 – 5 Dec 2013 12 Feb 1920 – 20 Feb 2005 18 May 1912 – 5 May 2003

In 1944, Mandela helped found the Raymond Mhlaba, born in From a young age, Sisulu worked in a ANC Youth League, and was later Mazoka village at Fort Beaufort variety of jobs ranging from being a elected national volunteer-in-chief in the Eastern Cape, worked in delivery man for a dairy; a carpenter a of the 1952 Defiance Campaign and a dry-cleaning factory in Port miner, a baker; a paint mixer; a packer travelled the country organising Elizabeth. His experiences at the for a tobacconist; a part-time teller at resistance to discriminatory laws. factory developed his political the Union Bank of South Africa; and He held numerous positions in the views and commitment to the an advertising salesperson and real ANC, including ANC Youth League labour struggle. He joined the estate agent before joining the ANC as secretary (1948) and president (1950); CPSA and became Secretary for a founding member in 1940. In June ANC Transvaal president (1952); the Port Elizabeth branch until 1961, Sisulu was one of four people, ANC deputy national president the party was banned in 1950. with Joe Slovo, Nelson Mandela and (1952) and ANC president (1991). From 1944 Mhlaba maintained Govan Mbeki who secretly met and dual membership of the ANC discussed the formation of the MK. He co-founded the MK and was and the CPSA. Sisulu was continuously harassed by instrumental in planning a strategy police and arrested six times, though of sabotage, raising funds for The prosecution’s case against charged only once. weapons, and arranging military Mhlaba during the course of training for possible guerrilla the Rivonia Trial was weak. A Finally, in March 1963, he was warfare. Mandela lived and worked taxi driver testified that Mhlaba convicted of furthering the aims of at Rivonia before illegally travelling was among a group of people the banned ANC and for organising abroad to win foreign support. that he drove to an electricity the May 1961 stay-at-home protest. Upon his return to South Africa, he sub-station on the night it He was released on bail pending an was arrested, tried, and convicted was sabotaged. This evidence, appeal and placed under 24-hour for leaving the country without a however, was contradicted by house arrest. On 20 April 1963 he passport and inciting a strike. At the the prosecutor’s own apparent skipped his bail conditions and went time of the Lilliesleaf raid, Mandela acknowledgment later in the underground at the SACP’s secret had been imprisoned on Robben trial that Mhlaba was outside headquarters at Lilliesleaf Farm in Island for over eight months. the country at the time of the Rivonia where he was later arrested attack on the sub-station. during the Rivonia Raid. His prominent role in both the ANC and the MK made a verdict Despite the weak case against Sisulu was the first defence witness of guilty inevitable. He served 18 him, Mhlaba was convicted and to be questioned on the witness years on Robben Island before being sentenced to life in prison. He stand and was sentenced to life transferred to a prison in Cape was released in 1989. imprisonment for planning acts of Town before his release in 1990. sabotage.

Remembering Rivonia | People’s Law Journal 9 The Lawyers Defence Team

FF Abram ‘Bram’ Fischer FF George Bizos FF Arthur Chaskalson 23 Apr 1908 – 8 May 1975 14 Nov 1928 – Present 24 Nov 1931 – 1 Dec 2012

Advocate Abram Louis Fischer, Advocate George Bizos, arrived Advocate Arthur Chaskalson acted commonly known as ‘Bram’ was an in South Africa as a World War II as defence counsel in a number of outstanding lawyer, most famously refugee from Greece after escaping important political trials during the known for representing anti-apartheid Nazi occupation. He was then apartheid era, including the Rivonia activists in the Rivonia Trial. In 1942, thirteen years old. Trial. He was a founding member Bram, and his wife Molly, joined the and director of the Legal Resource Communist Party of South Africa Bizos was admitted as an advocate in Centre (LRC) which challenged (CPSA), and later, Bram became the 1954. e has represented many political the implementation of several chairperson of the CPSA. activists in high profile political trials apartheid laws. including both the Treason and His defence of and involvement Rivonia Trials. During the Apartheid Chaskalson was twice chairman of with anti-apartheid activists led years Bizos dedicated his working life the Johannesburg Bar. As a leader him to being implicated him to fight for the basic Human Rights. of the bar, Chaskalson led South in illegal activities. After going After Apartheid, he turned his fight Africa’s advocates in inumnerable underground, Bram Fischer was into ensuring that all South Africans confrontations with the Vorster then captured and brought to trial equally enjoy those rights enshrined Botha governments over legislative under the Sabotage Act and the and guaranteed by the constitution. and executive measures striking at Suppression of Communism Act in He has also appeared in the Truth human rights and an independent November 1965. and Reconciliation Commission administration of justice. representing the families of Steve Fischer was sentenced to life Chaskalson was director the LRC Bantu Biko, Chris Hani and the imprisonment. While he was Cradock Four. from its inception in 1978 until imprisoned in 1974, his failing 1993. In June 1994, he became the health proved to be the result of Bizos who turns 86 in 2014, first President of South Africa’s new cancer. Despite world-wide appeals, represents the Human Rights Constitutional Court. During his time the Government refused to release Commission and the families of on the Constitutional Court bench him to the care of his family until miners who were killed in the he presided over two particularly death was imminent. He died in Marikana massacre of 16 August 2012 outstanding judgments relating May 1975. The authorities refused at Judge Ian Farlam’s commission of to the rights to life and health, S v to release his ashes to the family. inquiry into the 44 deaths. Makwanyane (1995) and Minister

10 Remembering Rivonia | People’s Law Journal The Lawyers Defence Team

of Health and Others v Treatment He was 65 years old when he joined FF Joel Joffe Action Campaign and Others (2002). the Rivonia Trial Defence Team. 12 May 1932 – Present On 22 November 2001 he became Berrangé joined the South African Attorney Joel Joffe studied law at the Chief Justice of South Africa, Communist Party as a member the University of Witwatersrand, until hid retirement in 2005. in about 1938. Berrangé later and worked as a human rights In 2012, Chaskalson became a reappraised and radically changed lawyer 1958–65, including at the founding chairperson of the Equal his views, to become critical of infamous 1963-4 Rivonia Trial. Education Law Centre (EELC). The the theories and practices of the EELC engages in public interest party. Despite this change of views Later he moved to the United litigation and advocacy in order to he remained friends with some Kingdom, and worked in the support progressive community- former comrades and subsequently financial services industry, setting based action to improve South defended Bram Fischer in court. up Hambro Life Assurance. Africa’s education system. He was a co-founder of The Organisation for Rights and Justice He is famously known for FF Vernon Berrangé and Chairman of the Legal Aid proposing the Private Member’s Bill in 2003 which would legalise 5 Nov 1900 – 14 Sep 1983 Society. As such he was often willing to accept briefs in cases where physician-assisted dying. Advocate Berrangé built up a non-whites were charged under Joffe is currently a labour peer in reputation as an outstanding criminal the discriminatory apartheid laws, the British House of Lords. defence and human rights lawyer and in such cases usually acted pro with a reputation for devastating bono. cross-examination.

According to Joel Joffe, “Vernon was always against authority; he revelled in danger and fighting. He was the most sought- after criminal lawyer of the time, and had also appeared in almost every political trial in the country, including the Treason Trial.”

Remembering Rivonia | People’s Law Journal 11 The Lawyer FOR THE PROSECUTION

FF Percy Yutar 29 Jul 1911 – 13 Jul 2002 Advocate Percy Yutar studied at Prosecutor and wanted the death After the lunch with Mandela, the University of Cape Town on a sentence for them. Yutar, who once accused Mandela scholarship where he was awarded of being a Communist stooge Mandela showed kindness towards a Doctorate in Law. plotting a bloody revolution, Yutar by inviting Yutar to lunch in pronounced Mandela ‘a saintly In 1940, he was appointed a junior November 1995, just months after man.’ State Prosecutor and eventually he was inaugurated as the South became the Deputy Attorney African President. General for the Transvaal. Mandela agreed Yutar had played In 1963, Yutar prosecuted the a minor role in the conviction and Rivonia Trialists as the Chief was doing his duty as prosecutor.

Presiding Judge

Justice Quartus De Wet 1899 – 1980

Quartus de Wet obtained a law He is famous for presiding over the degree in 1922 and was admitted as Rivonia Trial. an advocate to the bar of Pretoria the same year. He became a During the Rivonia Trial, De Wet judge of the Transvaal Provincial sentenced Mandela and other Division in 1950, and he became anti-apartheid activists to life the Judge President of the Transvaal imprisonment instead of a possible Provincial Division of the Supreme death sentence, for sabotage as a Court of South Africa in 1961. result of the trial.

12 Remembering Rivonia | People’s Law Journal The trial that changed South Africa

The Rivonia Trial I did not plan it in a was a political and spirit of recklessness, nor “because I have any love of moral victory over the violence. I planned it as a result of a calm and sober assessment of Apartheid State but the political situation that had arisen after marked the defeat many years of tyranny, exploitation, and of the liberation oppression of my people by the whites. movements for more ” than a decade .

Remembering Rivonia | People’s Law Journal 13 an Ndifuna Ukwazi seminar, an intimidating legal framework society. Under international law At Ahmed Kathrada explained which it used to stamp out political defying unjust laws in a struggle for why the Rivonia Trial became the dissent. The Rivonia Trialists were freedom is not seen as a criminal most well-known charged with crimes act. Instead, the prosecution of political in trial against the State under ‘dissidents’ for such acts would in South Africa. the 1962 General be seen as persecution at the The accused The Rivonia Law Amendment Act hand of the state and worthy of had agreed (commonly known international protection. to conduct Trialists used as the Sabotage Act), a political the Suppression of The Rivonia Trialists used reason, trial rather reason, fact and Communism Act, and fact and argument to put apartheid on trial in the eyes of the world. than address argument to put the 1953 Criminal Law the ‘criminal Amendment Act. offences’ with apartheid on trial which they The four charges were charged. in the eyes of the The first charge was Kathrada recalled that the accused A reasoned response their strategy: world. had recruited and n his statement to open the “If you go into trained persons in defence’s case, Nelson Mandela the witness box, guerrilla warfare and explained why he, the ANC you proclaim sabotage; the second Iand Umkhonto we Sizwe (MK) your political beliefs, you was charges of sabotage; the third had consciously chosen to resort don’t ask for mercy. You don’t charge related to furthering the to move away from non-violent apologise and, even if there is a objects of communism; the final protest in defiance of laws they charge accused them receiving death sentence, you don’t appeal.” regarded as illegitimate, unjust and international finance to fund their persecutory. Apart from Mandela and Kathrada, alleged sabotage and protests the accused also included Walter against the country’s laws. These Mandela explained that ANC policy Sisulu, Govan Mbeki, Elias were ‘crimes’. was historically non-violent. Prior to Motsoaledi, Andrew Mlangeni, 1949 the movement had employed Lionel ‘Rusty’ Bernstein, Denis Apartheid on trial dialogue and petitions to advocate Goldberg, Andrew Mlangeni and In criminal trials the state has to for the rights of the black African James Kantor. Two of the accused prove beyond a reasonable doubt majority. After 1949, frustrated at Arthur Goldreich and Harold that each accused is guilty of the not achieving their desired results, Wolpe escaped. offences they are charged with. they turned to mass protest against discriminatory laws. The apartheid Intimidating legal framework But the Rivonia Trialists were charged with persecutory laws government reacted by passing laws By the time the Rivonia Trial with one purpose: the repression prohibiting persons from protesting. began on 26 November 1963, of Black Africans freedom struggle Still the ANC remained committed the apartheid state had created and to remove their leaders from to a peaceful struggle.

14 Remembering Rivonia | People’s Law Journal ‘If you go into the witness box, you proclaim your political beliefs, you don’t ask for mercy. You don’t apologise and, even if there is a death sentence, you don’t appeal.’ Ahmed Kathrada

Turning to armed struggle armed struggle on principle but as Goldberg was strong, evidence an immediate strategy. against the rest was very weak and The 1952 Defiance Campaign saw in some cases non-existent. thousands of volunteers imprisoned Mandela did not deny his or resisting apartheid laws such as the the ANC’s association with the Political, moral victory Pass Laws. Peaceful resistance from Communist Party but clarified the political activists was met with brute need to forge such associations for Despite the weak evidence of the force by a government armed with the ultimate goal of liberating black political leaders only Bernstein repressive laws created to justify South Africans. was acquitted. Kathrada was found the use of force and to prosecute “Theoretical differences amongst guilty of one of the four charges. resisters. The Sharpeville Massacre those fighting against oppression The remaining accused were found where 69 people were killed and is a luxury we cannot afford guilty on all counts. In the end, the scores injured after participating in at this stage,” he said. “What sentence was life imprisonment. an anti-pass law protest organised by is more, for many decades the Pan Africanist Congress changed James Kantor, a lawyer with no links communists were the only politics when the ANC and PAC to the ANC who had been charged political group in South Africa were banned. As a response, the ANC to punish his brother-in-law Harold who were prepared to treat leadership turned to armed struggle Wolpe was also acquitted almost a Africans as human beings and and sabotage. This was a controversial broken man. their equals; who were prepared decision supported by a majority. to eat with us; talk with us, live The Rivonia Trialists won a Liberating black South Africans with us, and work with us.” political and moral victory at home and across the world. The Speeches and statements are Reliance was placed on tainted important for what they say, evidence of state witnesses who United Nations voted 106 to one the issues and arguments they were either criminals or former (only South Africa voting against) emphasise or they deliberately ANC and MK condemning apartheid choose to omit. In his speech, for members who had and calling for the release reasons of unity, Mandela did not been subjected The United of all political prisoners address the serious differences on to prolonged and detainees. They had the armed struggle. A minority of detention and Nations voted been spared the death leaders including Moses Kotane torture under the penalty, but the liberation and Bram Fischer believed that 90-Day Detention 106 to one (only movements were defeated armed struggle was premature, Law. The state also for more than a decade it would lead to the repression of failed to directly South Africa as thousands of ANC ANC activists in mass organisations link all the accused and PAC leaders were such as the South African Congress to all the charges voting against) of Trade Unions. They stated that brought against imprisoned, banished or it was still possible to organise them. Though condemning exiled. Mandela’s speech from the dock helped underground and to build cadres to the evidence apartheid ensure that the mass movement was against Mandela, educate the generation of rebuilt. They did not oppose the Sisulu, Mbeki and 1976 and after.

Remembering Rivonia | People’s Law Journal 15 The Families

We remember the leaders who stood trial, suffered abuse and died at the hands of the apartheid state . It is also important to remember the families of these men and women . The people who stood by their side, supported the family while the breadwinner was in prison, suffered the brutality of apartheid police, and in many cases became leaders of the struggle against apartheid themselves .

The Sisulu family alter Sisulu, an active leader of the ANC The children were home for the holiday and had to watch since the early 1940s, realised that it was as their mother was hauled off to prison. A few days later, only a matter of time before he was sent while stopping by the house to check on his siblings, Max Wto jail. So on 19 April 1963 he said goodbye to his was arrested under the same law. He was arrested for no family and went ‘underground’. The security police other reason than the fact that the police were looking for were furious that Walter had managed to evade his father. them and interrogated the entire family. After that his home was under constant surveillance, and the Isolation and indignity police raided it several times. Lindiwe, Zwelakhe, Mlungisa, Nkuli and their cousin Beryl, whose mother had died a few months earlier, Walter was worried that the constant harassment by were left all alone. There was a public outcry that these the police was difficult for his children. So he and children had been left to fend for themselves. Many his wife, Albertina, decide to send the three younger people, including the wife of the Deputy Consul of the children to school in Swaziland. The eldest son, British High Commission, sent food for the children. Max, decided to enrol in a school in Johannesburg With Walter underground and Albertina in prison, instead. neighbours began to look after the children. Albertina worked as a nurse in a Johannesburg In an interview with Drum magazine in 1963 Albertina hospital. She was also an active leader of both the described the isolation and indignity she suffered while ANC Women’s League and the Federation of South in detention: African Women. On 19 June 1963 she became the first woman to be arrested under the new 90-day detention “Every time I wanted to wash, I had to cover the law while she was attending to patients. The security window with a small piece of cloth. There was police allowed her to go home to change her clothes nothing to read, nothing to do, nothing to occupy and pack a bag before being taken into detention. my mind – nothing except to think of what was

16 Remembering Rivonia | People’s Law Journal The Sisulu children, 1964

happening to my children at home. Security Branch however, were not allowed to see their father as the law men threatened that my children would be taken didn’t allow visitation by children under 16. over by the State. I nearly lost hope.” (August, 1963) 15 year old Mlungisa arrested in court Albertina was kept in solitary confinement. She received no news, except what the security On one day Albertina brought her 15 year old, police decided to tell her. She only heard about Mlungisa, son with her to the trial. He was too young Walter’s arrest at Liliesleaf farm three weeks after to be allowed in the courtroom, but he was desperate it happened. The security police showed her a to see his father. During the tea break one of the newspaper article on the arrest. She refused to make detectives demanded to see Mlungisa’s pass. Mlungisa a statement against her husband. A week later she tried to explain that he did not yet have a pass, as was finally released. She didn’t have any money, and he was under 16. The detective refused to listen to had to walk down the road until she found someone Mlungisa, and arrested him. Albertina refused to be willing to give her a lift home. separated from her son, and had to watch while he was locked up. The attorney for the accused, Joel Joffe, had Intimidation not a deterrent to intervene and threaten legal action against the police for Mlungisa to be released. During the Rivonia trial the public galleries of the court were packed full. Despite a strong police Like many other wives of those arrested and detained presence, friends and relatives of the accused came by the apartheid regime, Albertina was also struggling in large numbers. Every Black person watching the under the increasingly heavy financial and emotional trial had their name and photo taken by the security burden of taking care of the family without her partner. police. Despite this intimidation, a core group from the ANC Women’s League, including Albertina, attended After the Rivonia Trial, Walter was sentenced to 25 years every day of the trial. She was also able to see Walter, in prison on Robben Island. Albertina would not be who was entitled to two visits a week. The children, reunited with him until his release in October 1989.

Remembering Rivonia | People’s Law Journal 17 Winnie Mandela and her sister outside the Rivonia Trial (1963)

The Mandela family There were constant intrusions into the Mandela home. The security police would bang on the door innie and Nelson Mandela met in 1957, early in the morning. Once inside they would rifle while Nelson was still on trial along with through the family’s belongings looking for banned or 155 other defendants for treason. At incriminating documents. Wthe time Nelson was still married to one of Walter Sisulu’s cousins, Evelyn. Him and Evelyn had four No family life children, Madiba; Makaziwe; Magkatho; and Pumla. Nelson’s devotion to politics was taking its toll on his Over the next two years Winnie gave birth to two marriage. As he said in his autobiography Long Walk daughter, Zenani and Zindzi. From the beginning she to Freedom: was virtually a single parent. ‘’I could not give up my life in the struggle, and she After the treason trial ended in March 1961 Winnie could not live with my devotion to something other and Nelson were able to spend a little more time than herself and her family,’” together. Nelson’s politics and his devotion to the struggle would take a lot of his time away from the In March 1958 Nelson and Evelyn divorced, and family. Commenting on their family life, Winnie said: by June he was married to Winnie. Nelson had a banning order against him at the time, so he had to “He did not even pretend that I would have some request special permission to travel to Pondoland for special claim to his time. There never was any kind four days to marry Winnie. Winnie then moved into of life I can recall as family life, a young bride’s life Nelson’s house in Soweto. However, from now on the where you sit with your husband. You just couldn’t security police’s harassment of Nelson extended to tear Nelson from the people: The struggle, the Winnie too. nation came first,” (Part of My Soul Went with Him, by Winnie Mandela (1985))

18 The Rivonia Trial | People’s Law Journal Forced separation and imprisonment Winnie’s forced separation from Nelson began in 1962 when he went into hiding. The security police wanted to catch Nelson, and they watched Winnie and her family constantly. During this time he travelled extensively trying to get international support for the ANC’s struggle. On 5 August 1962 he was arrested. For the next 28 years he would remain behind bars. He was initially sentenced to five years imprisonment on 7 November for leaving the country without a permit and incitement, before being sentenced to life imprisonment on 12 June 1964 at the Rivonia trial for sabotage. Winnie did have visitation rights during that period, but was not allowed to have any physical contact with her husband. Financial hardships On top of the forced separation from her husband, Winnie was finding it increasingly difficult to support her family financially. Since Mandela had gone underground, Winnie had been subjected to and banning order. The banning order limited her movements to Orlando Township in confinement. During that time she suffered both Soweto, making it very difficult for her to find work. physical and psychological torture. She was jailed many Eventually she did manage to find a job at the Child more times after her release. Speaking about that time Welfare Society, but as the conditions of her banning she said: order became stricter she was forced to resign. “The years of imprisonment hardened me.... Perhaps Winnie’s 491 days in solitary confinement if you have been given a moment to hold back and wait for the next blow, your emotions wouldn’t During the 1960s Winnie began to play a much more be blunted as they have been in my case. When active role within the ANC, attending underground it happens every day of your life, when that pain meeting, and arranging for the printing and becomes a way of life, I no longer have the emotion of distribution of pamphlets. On 12 May 1969 she was fear. ... there is no longer anything I can fear. There arrested and charged under the Terrorism Act, along is nothing the government has not done to me. There with 21 other people. One of the detainees, Caleb isn’t any pain I haven’t known.” (As quoted in Lives of Mayekiso, was tortured to death on days after his Courage, ch. 6, by Diana E. H. Russell (1989)) arrest. Winnie spent the next 491 days in solitary

The Rivonia Trial | People’s Law Journal 19 neighbour called the children’s Caroline Motsoaledi This is the story sick old grandmother from the country to care for these children of one woman in whose father was being tried in one aroline was never found guilty of of South Africa’s most important anything. She was arrested from South Africa today. political trials, and whose mother was being held indefinitely in the public gallery, while watching Read it – then you solitary confinement. Cher husband being tried at the Rivonia may understand The Rivonia trial dragged on. Free, Trial. The police arrested her under the what life today is Caroline Motsoaledi could have dreaded 90-day detention law, and she was visited her husband for a half-hour twice each weak. Instead she saw kept in solitary confinement for 156 days. like for thousands no-one and knew nothing of what & thousands of was happening in the Rivonia trial. While being arrested Caroline cried She was taken for questioning from out, “What about my babies? They will women & children time to time but told nothing. be all alone!” At the time she had seven living in that Months later, Caroline Motsoaledi children, including a six month old baby. was released. The Rivonia trial had country now ended, and her husband, together Bram Fischer asked Justice De Wet to with Nelson Mandela, Walter Sisulu intervene and stop the arrests. The Judge and the other co-accused had been Caroline Motsoaledi was arrested in sentenced to life imprisonment and refused. He simply said that the police the courtroom where the Rivonia trial sent to pass the rest of their days on was taking place. Her husband, Elias, must have had a legitimate reason to Robben Island. Caroline has been was on trial for sabotage, facing a allowed to visit him once and may arrest Caroline. possible death sentence. do so again in six months time. She Her seven young children were in the herself was not charged and no-one Caroline Motsoaledi had never been a temporary care of a neighbour. She knows why she was detained for political activist. By the time she was was taken away from the spectators’ so long. benches, as she watched her husband This is but one case. Lettie Sibeko released from detention, her husband had in the dock, and placed in solitary from Cape Town was newly confinement without warrant or been convicted and was being held on pregnant when first detained in charge. Robben Island. solitary confinement. She was She could not contact her children. charged after five months and The youngest was a breast-fed baby released on bail fourteen days Replica of 1964 pamphlet of six weeks, the eldest a boy of ten. before her child was born. Pixie produced by the London branch of When she failed to come home the Benjamin, the mother of three the Anti-Apartheid Movement

children, went on a hunger-strike while stand aside is to connive at the crimes in detention; after seven weeks, when of apartheid, and so become as guilty Send your demands to: nearly dead in her cell, the police were through inaction as teh German people Dr. Carel de Wet forced to charge her. Her husband said: were guilty at Belsen and Dachau. South Africa House “My wife is innocent and her will to Trafalgar Square eat or starve is her only weapon against The problem of the women and this monstrous injustice.” children, directly or indirectly affected London, W.C.2. by the actions of the apartheid police- These instances are only three in state, is a human one, sounding Copies to thousands. They illustrate what is its appeal across the differences of happening all over the country. They political outlook, across the barriers U Thant, show how wives are detained often of nationality, across the frontiers of United Nations, only for questioning about their the world. New York. husbands. Even when mothers are not themselves detained, the suffering they We demand: and their children undergo as their and ‹ husbands, fathers and breadwinners are ‹ The release of all political prisoners Anti-Apartheid Movement in South Africa. taken away in ever increasing numbers 89 Charlotte Street is limitless. We can only say that there ‹‹The release of all political prisoners London, W.1. are wom an estimated 10-15 thousand in South Africa. children in South Africa today in need ‹‹The release of all political prisoners of assistance because one or both in South Africa. parents are in jail for “political crimes”.

The problems of political prisoners Speakers, literature, membership in South Africa today is a moral one forms, available from: Join the demanding the involvement of every human being, all over the world. To Anti-Apartheid Movement Anti-Apartheid LAN 5311 Movement Printed by The Warwick Press

20 Remembering Rivonia | People’s Law Journal Rivonia: Lawyers who Helped Change South Africa

Revolutionaries and Lawyers: The Rivonia Trial’s brilliant lawyers and their relationship to the politics of national liberation and the criminal justice system holds lessons for activists today .

Remembering Rivonia | People’s Law Journal 21 any lawyers live in passed Hilda Bernstein found Joel our minds, hearts and Joffe asked him to act as an attorney history. Godfrey Pitje, for her husband, Lionel ‘Rusty’ MArthur Chaskalson, Bram Fischer, Bernstein, should he and the other Oliver Tambo, Pius Langa, Dullah detainees be charged. She also told Omar and Victoria Mxenge are him Albertina Sisulu would contact Godfrey Pitje, among those remembered for him to represent her husband their commitment to freedom, Walter Sisulu. Arthur Chaskalson, equality and justice for all people. Today lawyers continue to play an At the time he knew little about the Bram Fischer, accused, their politics or the support important role in the struggles of Oliver Tambo, social movements, workers and all they enjoyed from the majority of the public - Joel Joffe was an attorney vulnerable people but the Rivonia Pius Langa, Trial set the highest standard for the who had no political association and relationship between movements and was on his way out of South Africa Dullah Omar and their lawyers. because of apartheid. All the other legal firms approached by Hilda Victoria Mxenge The decision to use the Rivonia Trial Bernstein refused to represent the to put the apartheid state on trial Rivonia Trialists. Joffe agreed to take are among those carried severe legal risk because the case, though he felt the trial would angering the court or the state could be a mere formality due to the volume remembered for have resulted in the death penalty for of evidence the state had against the all the accused. Most lawyers imagine accused. A conviction was almost their commitment that they know everything and that a certain for everyone involved. Joel client just has to tell them what was Joffe writes about being a ‘White’ to freedom wrong and pay. They would then fix attorney with little politics at the time: the world. Convincing the lawyers “I am a lawyer, not a politician. would not be easy and therefore I will do the job as well as I am choosing the best legal team who able to do. But public opinion is so would accept the instructions of heavily against your husband and the political leaders on trial was others that in the end it is likely to important. count heavily. …” The Rivonia lawyers: “Public opinion”, she said. “Public choose only the best opinion against the Rivonia prisoners?” Choosing the best is one of the most important tasks when a movement I looked at her surpised. … needs lawyers. The Rivonia accused “Mr. Joffe, I think we speak a were held in solitary confinement different language. You’re talking under the 90-day Detention Law of white public opinion. I am without access to lawyers. Almost talking of majority public opinion every legal firm refused to represent which is not against, but for the the ANC leaders. After 70 days had Rivonia accused.”

22 Remembering Rivonia | People’s Law Journal “It is so easy to go astray in South were incredibly humble human Africa. One lives in a society beings capable of leading strong which is exclusively white, where teams. Joel Joffe’s book The State all one’s friends, neighbours and v Nelson Mandela – The Trial that colleagues are white. … It is so Changed South Africa is not only an “The government easy to think that white society is incredible account of the trialists all society…” and the political strategy but also should be in meticulously describes the lawyers. Rivonia’s political prisoners and their the dock, not Joel Joffe had learnt an important lawyers were formidable teams. lesson – one that was to make him an me. I plead effective lawyer, it was the opinion of Know your stuff the Black majority that would matter not guilty.” to the Rivonia leaders. Legal cases are won on the basis of compelling evidence not slogans The state was represented by a or a simple assertion of rights. malicious lawyer the Deputy Evidence that includes the daily Attorney-General Percy Yutar not experience of human beings, events, known for any legal skill but political strong technical expertise whether obedience to the Security Police and economic, scientific, medical or the apartheid government. sociological will win cases. Joffe approached Bram Fischer and Political leaders and activists have a persuaded him to join the team as lead duty to study hard evidence and law legal counsel. Fischer, a member of the to ensure that their strategies are not then banned Communist Party made dominated by legal technicalities. no secret of his political beliefs but he The Rivonia Trialists had serious was also respected by the majority of conservative lawyers. George Bizos, local and global knowledge as leaders Arthur Chaskalson, Vernon Berrange and specific knowledge about their and Harold Hansen were then communities. Mandela was also a recruited by Fischer. lawyer who grasped legal detail and process. Bizos, a Greek political refugee was a lawyer active on behalf of political Activists also have a duty to accept detainees and prisoners. He was the best legal advice because they a formidable cross-examiner like may not have all the legal knowledge Berrange who was also politically necessary to take the best decision. active. Arthur Chaskalson was a Political and legal strategy are both young lawyer who never joined a the responsibility of activists and political party but identified with communities. The Rivonia Trial oppressed people everywhere. accused did not let their legal team Chaskalson and Fischer were not decide for them, but they made only regarded as brilliant legal decisions that took into account their technicians by their peers but they legal team’s advice.

Remembering Rivonia | People’s Law Journal 23 Activists also have a duty to accept the best legal advice

Not all accused are as lucky as the the apartheid state in the dock “[The ANC’s] struggle is a truly Rivonia Trialists: Some lawyers are alongside the other accused in the national one. It is a struggle of very smart and can do all the things eyes of millions around the world. the African people, inspired by mentioned above, but are arrogant their own suffering and their or individualist and disregard their As the trial proceeded, the legal team own experience. It is a struggle client’s knowledge and wishes. One destroyed the false evidence of the for the right to live,” he said, of the greatest state. The accused before closing with one of his successes of the admitted to some most-quoted statements: “During trial was the Political leaders and of the allegations my lifetime I have dedicated against them, they assembling of a activists have a duty myself to this struggle of the team of lawyers refused to answer African people. I have fought with such a to study hard evidence any questions that against white domination, and strong sense could implicate I have fought against black of justice and and law to ensure that their comrades. domination. I have cherished the humility; a team their strategies are not Their defence ideal of a democratic and free that valued the team did not society in which all persons live knowledge of dominated by legal always agree with together in harmony and with the accused and this strategy, as equal opportunities. It is an ideal was prepared to technicalities. they thought it which I hope to live for and to acquiesce when might strengthen achieve. But, if needs be, it is an political realities the state’s case. ideal for which I am prepared to and the law inevitably clashed. But the accused were determined: die.” They wanted to show the The Trial Mandela had initially planned to government and the world that their say, ‘It is an ideal for which I am As the trialists had predicted, from trial was about principles and moral prepared to die.’ The legal team, the moment their trial began it imperatives and that they would already worried that their clients’ seized international attention – stand by theirs no matter what. political stand was infuriating the attention they would use to advance judge and making the death penalty the liberation struggle. To this end, Nelson Mandela’s speech from the more likely. They urged Mandela the legal team allowed their clients, dock at the opening of the defence’s to drop it. He refused but agreed with their knowledge of political proceedings marked a turning to add phrase: “if needs be, I am strategy, to frame their response to point, he put the apartheid state prepared to die” phrase. the charges brought against them. on trial. The Rivonia Trialists first audience was the people of South The strategy of the accused, Proceedings kicked off with a Africa. Knowing they would be ultimately with the full support bang when Accused Number One, reaching an international audience of their lawyers, was to go on the Nelson Mandela, was asked to plead struggling to understand the harsh offensive and place the apartheid and responded, “The government reality of life in South Africa for government on trial in the eyes should be in the dock, not me. I black Africans, Mandela was tasked of our people and the world. This plead not guilty.” by his co-accused with laying out strategy, along with pressure from “It is the government which is the political context of the country the international community, had guilty, not me,” was Walter Sisulu’s and explaining why they had been a decisive impact in swaying Judge response when asked, and the forced to take up arms against an Quartus De Wet toward a life rest of the accused followed suit, increasingly oppressive minority sentence of hard labour rather than a move that ingeniously placed government. the death penalty.

24 Remembering Rivonia | People’s Law Journal Rivonia then, Khayelitsha today

Khayelitsha he Rivonia Trial cannot accurately be to stop the creation of a Commission activists protest outside the compared to any trial or court case in post- of Inquiry into allegations of police Western Cape apartheid South Africa, as the country has inefficiency and a breakdown in High Court Tfundamentally changed in the 50 years since the relations between the community and trialists were sentenced. We now have one of the best the police in Khayelitsha, Cape Town. constitutions in the world and the laws governing our society today are completely different from those of The Commission came about after the organisations 1964. and Khayelitsha community members became outraged about the lack of adequate policing in Still, it can be argued that some of the issues Mandela Khayelitsha and laid a complaint with the Premier of spoke about still exist in today’s South Africa. We the Western Cape, Helen Zille. see violations of constitutional rights in many of our poor and working class communities. Marikana, Minister Mthethwa went to Court and he caused the Andries Tatane, Lwandle… These examples are government to be put on trial because he failed at the the most glaring and headline-grabbing, but the Western Cape High Court and then he appealed to sad reality is millions of South Africans live under the Constitutional Court. The police lawyers main conditions that could be classed as a violation of argument was that the Premier did not have the constitutional rights. power to appoint a Commission that could subpoena members of the South African Police Service (SAPS). People in poor communities are most often low-paid, unemployed and live without adequate sanitation, Deputy Chief Justice Dikgang Moseneke lashed out infrastructure such as street lighting, schools at SAPS’ legal team for forgetting about the rights of and access to healthcare. This creates a need for Khayelitsha residents. Addressing Advocate Norman movements such as the Rural Women’s Movement, Arendse, leader of SAPS’ legal team, Moseneke said, “I Social Justice Coalition, Treatment Action Campaign, haven’t heard an iota of evidence or a suggestion that Equal Education, Right to Know and support there is not a proliferation of crime [in Khayelitsha], organisations such as SERI, Section 27, Ndifuna that people are not suffering from the burden of crime Ukwazi and many others in the struggle of justice or even that there is effective policing.” and equality. It became clear that while SAPS’ lawyers had zoomed The struggle for a safe Khayelitsha and a democratic, in on technical legal issues, they had ignored the real accountable, effective and ethical police service issues affecting the lives of Khayelitsha residents: under professional and ethical command is a recent their constitutional rights to life, dignity, freedom and example of the relationship between politics and law. security of person were being violated daily. Thus, in a similar way to how Mandela and his co-accused A democratic government puts itself on trial used the Rivonia Trial to challenge apartheid, the unnecessary legal fight by SAPS for the launch of Recently, the SJC, TAC, EE and NU mentioned above the Khayelitsha Commission of Inquiry became a were involved in the landmark 2013 Constitutional platform for citizens and activists to bring the ongoing Court case “Minister of Police and Others vs Premier violation of constitutional rights in today’s South of the Western Cape and Others”. The case was a result Africa more firmly onto the national agenda. of the then Minister of Police, Nathi Mthethwa, trying

Remembering Rivonia | People’s Law Journal 25 A Trial of its Time

The Rivonia Trial took place against the backdrop of a rapidly changing South Africa, as an increasingly oppressive state clung to its ideal of white-minority rule

hile much of Africa goals of the apartheid state. peace and stability. felt positive ‘winds of change’ blowing In her article in The Road To The 1962 General Law Amendment Democracy in South Africa: Volume Wthrough it during the 1960s as Act, the 1964 General Law 1, Madeline Fullard notes, many colonised states gained Amendment Act, the Public independence, in South Africa the “The first half of the 1960s saw Safety Act, the Suppression of decade brought winds of change of a dynamic interplay between Communism Act and the 1953 a more sinister kind. the forms of resistance adopted Criminal Law Amendment Act by the liberation movements were all enacted as attempts to As the struggle against the minority and legislation developed by the quash political protests and end apartheid government moved state to counteract them,” with attempts to bring about regime away from its non-violent stance, the effect that by the end of the change. the state reacted by adopting decade the apartheid state had The Rivonia Trial of 1963 and 1964 increasingly draconian security “profoundly reconstituted the is one of the most famous examples legislation to quell dissent and sow political and legal terrain.” fear among political dissidents. of how the apartheid state used the Law used against its people legal system to discourage dissent The decade was marked at both while sowing fear and tightening its ends by landmark trials involving While it held power, the apartheid hold over fearful white citizens. political activists: the Treason Trial, government passed a series of laws which ended in 1961, and the trial which allowed it to persecute its Of course, what the apartheid of Samson Ndou, Winnie Mandela political opponents, ban liberation government didn’t realise was and others in 1969. These, among movements and stifle press that its crude attempts to massage many other arrests and trials, were freedom. The government largely world opinion by manipulating a result of the enactment of a series convinced the white minority that the law would be matched by its of repressive laws created in order these national security laws were opponents. The Rivonia Trial would to limit resistance and advance the necessary to safeguard the country’s go on to become one of the most

26 Remembering Rivonia | People’s Law Journal A Trial of its Time

widely publicised in South African we were placed in a position in constituents. Finding ways to brand history. It provided the apartheid which we had either to accept a freedom fighters as terrorists also government a platform to present permanent state of inferiority, or to helped to garner support from the its case for the ‘necessity’ of its defy the government. We chose to international community, who oppressive laws, but also provided defy the law.” were more willing to turn a blind a platform for the liberation eye to the actions of oppressive movements to bring the plight You say terrorist, governments if such actions of black South Africans to the I say freedom fighter were able to be explained away attention of the world. Many historically renowned as a government ‘acting against terrorists’. In his three-hour opening statement freedom fighters laboured under very different labels – such as from the dock, Accused Number This is not an archaic phenomenon ‘terrorist’ and ‘communist’ – One, Nelson Mandela, explained and it did not end when South during their struggles against why, in the face of an increasingly African liberation movements were unjust systems. Usually, the label oppressive legal framework, the unbanned and political prisoners ‘terrorist’ was applied to them accused had felt it necessary to released in 1990. Many modern in the name of national security. resort to violence in defiance of the democracies continue to use the Legislative trickery has long country’s laws. spectre of ‘threats against national been employed by governments “We felt that without violence security’ in order to create laws that worldwide to help frame acts in there would be no way open to ultimately violate its citizens’ basic support of freedom and equality as the African people to succeed in human rights. In the most extreme being ‘treasonous’ and a ‘threat to their struggle against the principle cases, national security legislation is national security’. of white supremacy,” he said. still used to allow law enforcement “All lawful modes of expressing Oppressive regimes passed harsh officials to detain, without trial, opposition to this principle had laws not only to entrench their citizens deemed to be a threat to been closed by legislation, and power and instil fear among their national security.

Remembering Rivonia | People’s Law Journal 27 Ahmed Kathrada REMEMBERS

50 Years Since Rivonia…

20 Years of Freedom

28 Remembering Rivonia | People’s Law Journal Dsci i uss on between NDIFUNA UKWAZI and Ahmed Kathrada

Ndifuna Ukwazi: You all know, Mr type of interrogation, because they death sentence, you don’t appeal.’ Ahmed Kathrada was one of the pretend to have a lot of information That was the way the trial was Rivonia trialists. And spent many, and sometimes they do have that conducted. So right from the many years on Robben Island. Mr information. beginning ’til the very last day when K, just as you know, we have been sentence was going to be passed, the teaching in our fellowship. They’ve The expectation was death expectation was death. been studying the Rivonia Trial and A lot of people were tortured to Now in those days the court they want you to start off by giving an death under that law. Steve Biko is procedure was [that] the judge introduction to what you understand the most well-known one. Others would say at the end: “Accused the Rivonia Trial was about, where it were tortured, survived the torture, number so and so, have you got came from, and so on. and were then tried in various anything to say before I sentence Ahmed Kathrada: Thank you for cases. They appeared in court and you to death?” The lawyers and the inviting me this morning. It is really landed on Robben Island or the accused went to court expecting an honour for us to present here. female prison. the death sentence, and Madiba I will have to start off by saying a After the 90 days were over we had prepared to repeat more or less few words about what preceded saw our lawyers for the first time, what he had said in that three or the Trial. There was the 90 day and they told us to prepare for the four hour speech. Fortunately there detention law, which allowed the worst. The preparation right for was no death sentence, it was life police to detain political suspects the start was death. Madiba came sentence. For political prisoners, life for three months at a time. During in. There were four senior leaders sentence meant life. For common those days you are not even allowed in the ANC, Mandela; Sisulu; law prisoners, life sentence is to talk to the people with whom Mbeki; and Raymond Mhlaba. They reviewed after 15 years. Depending you are arrested. No lawyers. suggested to us that this trial should on so called good behaviour, they No visitors. No newspapers. No be conducted as a political trial, and could be released after 15 years. books. The only visitor you get are not as an ordinary criminal trial. In our case, in the case of political the police, and they come with Madiba in his address to the court prisoners serving a life sentence, one message only: “Give me this set the tone of the trial. there was no date and so Madiba, information.” If you don’t, you are To paraphrase in a few words going to hang. what he had said: ‘If you go into as you all know, spent 27 years [in They pretend to be reading from the witness box, you proclaim your jail]. That is the trial in a few words, some piece of paper, and they drum political beliefs, you but I don’t know if it into your head you are going to don’t ask for mercy. For political you want to know any die if you don’t talk. One has to You don’t apologise more about the trial. prepare oneself to withstand that and, even if there is a prisoners, life sentence meant life.

Remembering Rivonia | People’s Law Journal 29 ‘Growing up, joining the Indian Congress and the Communist Party’

That truck is at Liliesleaf Farm. All you have to do is go in, Ndifuna Ukwazi: I know you don’t League and went on to the press the button, and see the video of arms being hidden ... really like talking about yourself, Communist Party and the Indian but I would really like you to start Congress. by telling us where you grew up Ndifuna Ukwazi: A little bit and what made you join the Indian more about your youth. Congress and the Communist Party. Kathrada: In those years, Kathrada: I was born in a little although the security police were place called Schweizer-Reneke. It is there, there was no such thing about 100 miles from Johannesburg. as torture and there was no 90 When the time came to go to school day detention. So you could be I was not admitted into the white very brave you can shout at the school, not admitted into the police, swear at them, as we did. African school, and there was no This was the late 40s [and] 50s. Indian school in this little place. You can say what you like. You So at the age of eight I was sent to can call them dogs. Anything. Johannesburg for schooling. You can be as brave as you want knowing that you are not going One could be very brave to be touched physically. The In Johannesburg, [while] living in tortures, physical tortures, only Fordsburg, I came across through came in the early 60s. In those years Campaign Trial, the Treason Trial friends an organisation, little club. one could be very brave, so we took and the Rivonia Trial. So for my Young people like cinemas, picnics, full advantage of that situation. crimes I was in all three trials. There lectures and so forth, so I joined Ndifuna Ukwazi: The politics of the was only two others who were in this club. It was run by the Young 50s, will you tell us a little about it. all three trials. Madiba and Walter Communist League. That was When you were cross-examined in Sisulu. my introduction to the Young the dock they asked you how many … Communist League. So at the age of times you were arrested. Do you 12 I joined the Young Communist want to tell us about the many times Ndifuna Ukwazi: Bring us to you were arrested? Rivonia and what led to Rivonia. Kathrada: Well, our lawyers went Kathrada: Now in 1960, you There were three major into that. I didn’t know how many have all heard of the Sharpeville times. They said 17 times arrested Massacre, where 69 people trials of the 1950s. The and faced a trial. They were not were killed in a peaceful counting arrests for putting up demonstration…The demonstration Defiance Campaign posters. 17 times I was tried. was organised by the PAC and Interestingly, there were three thousands of people marched to Trial, the Treason Trial major trials of the 50s. The Defiance the police station in Sharpeville. and the Rivonia Trial. So for my crimes I was in all three

30 Remembering Rivonia | People’s Law Journal

PLJ 06.indd 30 2014/11/12 3:29 PM Ahmed Kathrada REMEMBERS

[They were] unarmed, but truck brought 40 loads of visitors. the police opened fire and 69 What the visitors did not know people were killed. A State of is that all the 40 journeys it made Emergency was declared, in which from Zambia, every one of them thousands of people throughout the was loaded with guns. They didn’t country were detained. During the know that. The visitors didn’t State of Emergency in 1960, both know [and] the police didn’t know. the PAC and ANC were declared Nobody knew. That truck is there at illegal. They were not allowed to Liliesleaf Farm. All you have to do is function legally anymore. go into the truck, press the button, and you see the video of arms being There’s a farm hidden, and the journey to South called Lilliesleaf Africa, and [the] unloading of the So after the Treason Trial when all arms. But that was just a by the way. the people were acquitted in 1961, the Everyone had to take an oath ANC had asked Madiba to remain in the country, but to continue his After the banning of the ANC political work disguised. In other and PAC Madiba was asked to go words underground. You all know underground, and in 1961 a strike what is underground? That by some was organised. [A] national strike disguise or other, you avoid the which was crushed by the police police. and the army. While Madiba was I myself for 30 years of my life underground he was interviewed was an Indian, and then they turned by a journalist, and that is the first me into a Portuguese [man]. I was time he mentioned that avenues also disguised, and so was Sisulu of peaceful protest are now closed and Madiba. Madiba was a farm and we must now think of other labourer, so was Govan Mbeki means of struggle. So that is the first and Raymond Mhlaba. These indication he gave of uMkhonto we [men] were all disguised as farm Sizwe or MK. labours working. There’s a farm Following on what he said, called Liliesleaf. It’s still there in this organisation was formed. Johannesburg. If any of you go to uMkhonto we Sizwe, MK for Joburg you must visit it… short. Recruits were recruited from At this farm…it’s got a safari throughout the country, working truck which used to bring visitors in cells of three or four each. There to South Africa from Zambia. This were trained in the manufacture 50 years on: Dancing girl at The Nelson Mandela statue in Sandton, near Rivonia

Remembering Rivonia | People’s Law Journal 31 ‘Bram Fischer... His father was the Judge President of Free State’

and planting of bombs… But [put in] leg irons, and flown to member of the Communist Party. everyone had to take an oath that Robben Island. Denis Goldberg of Ndifuna Ukwazi: Did you know when bombs are planted, there are course being white was kept with him and Molly Fischer, his wife? other white political prisoners in no injury to human beings. So these Kathrada: I knew them very well. Pretoria. So we are not going to bombs are planted at night. I grew up on them. They were an Robben Island. I will stop there. Now it is that campaigning of outstanding couple from a very MK that led to our arrest, to that Ndifuna Ukwazi: Tell us a little bit well-known Afrikaans family. Both Rivonia Trial. As I said, four of about your lawyers. of them. Bram Fischer’s grandfather the leaders of the ANC and of the Kathrada: Joel Joffe was on his way was the Prime Minister of the Free MK were among the eight of us out of the country. Bram Fischer, State Republic. His father was the and that led to the Rivonia Trial. who was the leading lawyer in our Judge President of Free State, and he I don’t know how many hundred case, persuaded him to just postpone himself was a top lawyer. His wife bombing or activities were brought his trip to appear as the attorney Molly, she’s from the Krige family. in evidence… But that is when in our case…Bram Fischer [was] Her cousin was Uys Krige. So they the police gave evidence about all one of the most senior lawyers were from leading Afrikaans families. these sabotage activities and several in South Africa. He was the only hundred throughout the country. political prisoner who was given bail They never charged any money We were sentenced to Life in to go and fight a case in London. George Bizos immigrated to imprisonment. So Bram Fischer was the leader in our case. [The other lawyers South Africa during the war, from They were political lawyers were] Vernon Berrange, Arthur Greece, and had his law practice. Chaskalson and George Bizos. Of Chaskalson –turned out to be one Just to end this part of it, our those lawyers, only George Bizos of the top lawyers in the country, he eighth body was white, Denis is alive. died about two or three years ago. Goldberg. There were no white These were not necessarily Those were our lawyers. prisoners on Robben Island, and no members of organisations. Like One other thing I must say about females either. So on the night of you take George Bizos or Arthur the lawyers of that time. For smaller the sentence, the seven of us were Chaskalson, they were not members cases, relatively smaller cases, they suddenly woken up, handcuffed, of any organisations, but they never charged any money, which were political lawyers. So when it you don’t find these days any more. Because the came to fighting cases politically, Even for big cases, they had reduced they knew what they were doing. fees. The Treason Trial took four breadwinners The only known political party years or more. So obviously the man was Bram Fischer, who was a lawyers had to be paid, but they were arrested, the wives had to... keep the families going

32 Remembering Rivonia | People’s Law Journal Ahmed Kathrada REMEMBERS

charged a very reduced rate…For for the legal fees and also partly example, [in] one of my cases where [gave] aid…to families where the Joe Slovo had to go to Bloemfontein breadwinners were in prison. six times he didn’t charge a penny. Ndifuna Ukwazi: During the trial … there was significant international aid and support for the ANC and Ndifuna Ukwazi: Do you want to tell us a little about the families. the Rivonia Trialists. Do you want Because there is a story about to say a little bit about that? Caroline Motsoaledi and what Kathrada: Well there was the anti- happened to her. How families apartheid movement had already suffered… been formed, mainly in England. Kathrada: Families bore the brunt It was a very active anti-apartheid of the police harassing. Children, organisation…In many countries in like Walter’s children, some of them the world they had anti-apartheid had to go into exile. Others stayed. organisations. But in the countries His wife and Winnie [were] taken in like England and Holland, they and out of jail…They were harassed, also collected funds together with and that applied to Caroline defence and aid organisations. Motsoaledi [and] June Mlangeni. In London they collected a lot All these wives were harassed of money for lawyers in political because they were also active. cases, and for welfare for families… Harassed by the police, detained, let The next phase go and then detained again…they of the struggle bore the brunt of the suffering that families underwent. They were very Then you had the Scandinavian courageous and sacrificed a great countries – Norway, Sweden deal. Because the breadwinners and Denmark – that provided were arrested, the wives had to humanitarian aid. The ANC do all sorts of things to keep the had camps all over Africa, and families going. Fortunately there those people in the camps had to was a defence and aid organisation have clothing and food. So the in London, a small part of it in Scandinavian countries and India There were no white prisoners on Robben Island, and no females either . South Africa, that collected money contributed clothing, medicines,

Remembering Rivonia | People’s Law Journal 33 ‘Coloured and Indians were treated the same way, Whites were not on Robben Island, and Africans were treated differently’

food and so forth for the camps. were no Whites on Robben Island. In those years all Africans were The Soviet Union provided money He was kept in Pretoria, together regarded as boys or children. That and arms. with other White colleagues. On was apartheid language. Verwoerd When we got arrested we were the night of our sentencing we were and all them talked of Africans discussing a document called suddenly woken up, the seven of us as children. Children wear short Operation Mayibuye. It was a handcuffed, leg ironed taken to the trousers. So all my colleague were controversial document that was military airport in Pretoria. They wearing short trousers because they for the next phase of the struggle. took off the shackles and put us on were children, they were boys…I The bombing part was the sabotage the plane. was given long trousers. campaign, but then there were On the morning of the 13th of The next day: breakfast; porridge; discussions to go to a phase of July 1964 we landed on Robben soup; [and] coffee. I am given a armed combat. I don’t know the Island, on a very cold winter’s day. little more sugar than Madiba, exact figures, but a few thousand Rain and all. Now I am talking but less that Denis Goldberg. I suppose were trained as soldiers about the seven of us. Of the seven Denis Goldberg was in Pretoria. I and a lot of arms and ammunition of us, at the age of 34, I was the was given a quarter loaf of bread were smuggled into the country. youngest. Govan Mbeki was 20 every day. That was for Indians So discussions were taking place years older, Sisulu 18 years older, and coloured. Africans got bread on the feasibility of that phase of Madiba 11 years older, and I was the for the first time after 10 years. the struggle. youngest. I am deliberately saying That was our food situation on … this, and I am also deliberately Robben Island. saying I was the only Indian. Now I So there were protests, hunger Ndifuna Ukwazi: Before I open it will tell you why. strikes and so forth. I should up for questions from people, there mention, when we landed on are two things I want you to deal Change into prison clothes Robben Island, Madiba said: with. Robben Island and coming out of jail. What happened when The first thing we had to do on ‘We are no longer leaders. you came out of jail, the first years Robben Island is to change into We are all ordinary. Our of freedom? prison clothes. So there were leaders are outside. Chief different regulations for different Kathrada: I will talk about Robben Luthuli, Oliver Tambo, Dadoo, groupings. Coloured and Indians Island. Eight of us were sentenced to Slovo, Kotane, they are the were treated the same way, Whites life imprisonment. And as I said our leaders, they make policy, they were not on Robben Island, and eighth body was White and there are in charge now. We are Africans were treated differently. I ordinary prisoners. We don’t was given long trousers, socks etc. make policy, we don’t give In those years All my colleagues, who were not instructions.’ only my leaders but elders, because all Africans they were African they had short They concentrated on the welfare trousers… of fellow prisoners. So when he said were regarded as boys or children

34 Remembering Rivonia | People’s Law Journal Ahmed Kathrada REMEMBERS

we are ordinary prisoners, Madiba shovel. None of us had done that behaved like an ordinary prisoner. work before. So the first weeks Every prison chore, he did… and months we had blisters and … bleeding hands. There again, they were with us working there. All I In the section where we stayed, am trying to say is that right from there were 25 to 30 of us. We were the beginning, our leadership said: completely isolated from the rest ‘We are all equal. No preferential of the hundreds and hundreds treatment, except if the doctor of political prisoners. I mean prescribed it.’ So we did not ask for President Zuma [and] Deputy preferential treatment. President Kgalema Motlanthe, they In 1977…Madiba was offered were there for 10 years. They never release provided he goes and stays saw us and we never saw them. So in the Transkei. His response was: we were completely isolated. ‘The whole of South Africa belongs to Black and White. I am not We had blisters prepared to go to the Transkei.’ So and bleeding hands he refused. In the section where we lived, Not interested there were no flush toilets. They in being released had buckets. If you go to Robben Island, you will see Madiba’s cell. [In] 1985…five of us, Mandela; You still see the bucket there. So Sisulu; Mhlaba; Mlangeni and every morning, you had to take it to myself were transferred to the toilet. You had to take it, empty Pollsmoor Prison…Now while we it [and] wash it. So Madiba, who were at Pollsmoor Prison President was strong…used to carry people’s Botha offered to release all political buckets when they were ill, empty prisoners on certain conditions. them, wash them and so forth. They had called Madiba that There was a time when all of us morning to the office, and given went down with flu. The whole lot him the Government Gazette which of us excepting Madiba and three had made this offer. We didn’t have of the new arrivals who were still to debate that because right from fresh…they used to carry out all our the start we said we were not going buckets, empty them, wash them, to accept any conditional releases. put them in the sun and so forth. If they wanted to release us, they We were working with pick and must release us without conditions.

Pollsmoor Prison, Cape Town

Remembering Rivonia | People’s Law Journal 35 ‘Anyway, the next morning they just released us.’

So we didn’t have to debate that. We from Pretoria headquarters that you they saw Walter and them come in. just told Madiba to draft the letter, are going to be released tomorrow.’ We didn’t have a chance to go on which all five of us signed, and sent … holiday or anything. The first weeks it to the Minister of Justice. We are Anyway, the next morning they were just taken up by the media. not interested in being released on just released us. We went home, Interview after interview. condition. and of course the first day out was … … a blank. All I could remember By the way, we didn’t get Ndifuna Ukwazi: Then you came was [that] we were a curiosity for newspapers for 16 years, so we had out [of prison]. children. Children heard of this to smuggle…We did everything Kathrada: By that time Madiba chap [who] was in jail. To children possible to get news, being political was living in a house, in the Victor this was some other kind of human prisoners. We even smuggled Verster Prison. We were taken from being. They just crowded around a radio…We got into a lot of time to time to see him, the four of us and feeling us and all that. But trouble… that’s what I remember. It was only us. On the morning of October the A long prayer 10th we were taken to see him. He when I saw the video some weeks said ‘Chaps, its goodbye.’ We said later that I remembered the rest Before that, we were regular we will believe it when it comes. of the day. Otherwise the first day church goers. Every denomination, was just blank. I didn’t even know Methodist; Anglican; Muslim; and A fax from Pretoria that I went to Soweto twice. I only Hindu. Out of respect of the clergy remembered going to Walter’s place. That night they didn’t take us persons, but our favourite priest When I saw the video, I saw I went straight back to Pollsmoor. They was the Reverend September. He twice to Soweto. My mind was a said we are going to eat there. So we had long sermons, and the longer blank. It was quite overwhelming were having supper the sermons, the longer we were because it came so and they brought out of our cells, in the sun. So suddenly. a television, which ... that by some one day prisoner Hennie Ferris said ‘President de We got into from Worcester…He asked the disguise or other, Rev whether he, Hennie, would Klerk announces a lot of trouble the following: eight be allowed to lead a prayer. The people are going to you avoid the When President de Reverend September was very Klerk announced be released’. Next day police. I myself excited to hear a prisoner. Hennie I looked for my own that the following led quite a long prayer, and at a name. It was there, for 30 years of eight are going to be certain stage all the congregation number 8, but didn’t released, the media closed their eyes, including the say when. That was my life was an from throughout the Reverend September. When on a Tuesday night. world gathered in our eyes were closed, Hennie On the Friday they Indian, and then South Africa. Every signalled to Eddie Daniels who is a put us on a plane day, at my family Capetonian sentenced to 15 years. to Johannesburg they turned me place, they waited Eddie opened Reverend September’s prison… till four o clock that suitcase [and] retrieved the Sunday Saturday night the into a Portuguese Sunday morning, Times. Today we had news…we warder came to us [man] then they went away. had to keep ourselves informed. and said: ‘We have The ones in Soweto All sorts of punishment, we had to just received a fax did not go away. So endure that.

36 Remembering Rivonia | People’s Law Journal Ahmed Kathrada REMEMBERS

Questions from Ndifuna Ukwazi Fellows

In your defence at the Rivonia Trial, how acquittal, Madiba was asked by did all of you decide to state your case the ANC to go underground. The when you gave evidence? Communist Party invited him to Kathrada: The approach was that stay there, at Liliesleaf, because it if they had genuine evidence, we was not known to the police at all. don’t dispute it. On the other hand, Proper farming went on there. If we don’t volunteer evidence that is you know Johannesburg, if you not there. But those of you that go leave Houghton, there was nothing. into the witness box, you proclaim It was just farms. your political beliefs. You don’t apologise. You don’t ask for mercy. A Portuguese man You proclaim your beliefs. That was That’s why the Communist Party how that trial was. It was agreed got this as a safe place, but when by all of us, and our lawyers, that the ANC got banned they did this was how we should conduct not have a place. The Communist the trial. Party allowed them to stay there So Madiba has set the lead with on the understanding that until his speech. It’s been published they get their own place, they can quite a bit now because its 50 years stay there. The ANC did find its since he made it. He ended by own place, they moved away from saying ‘all my life I’ve fought for Liliesleaf. justice and equality. This is what I, being [disguised as] a I hope to achieve and this is what Portuguese [man], also moved I am prepared to die for.’ So the away from my house. So there rest of us who gave evidence took was nobody left at Liliesleaf, but that message, and in our evidence we were discussing this document we said the same thing. We don’t [Mayibuye] and we didn’t have a apologise. We don’t ask for mercy. safe place. So we decided to go back We proclaim our political beliefs, to Liliesleaf and that’s where we got and if there is a death sentence arrested, because we didn’t have we don’t appeal. That was how the another place to meet… whole case was conducted. Did you achieve ‘Operation Mayibuye’? Why did you choose to use Liliesleaf Kathrada: The document, Operation Farm? Mayibuye, was a very controversial Kathrada: Well, the Communist document. It was never agreed. As Party was banned in 1950. The I said, the day we were arrested we ANC and PAC [was only banned] were still discussing that document in 1960. What the Communist and it was found in our possession Party did, its own leadership, they at the table. So it was not an agreed bought that farm to carry on their document. Because that was taking activities. So they had the time the struggle one step further, and to organise and buy this farm, to that is armed combat. Because by carry out their political work. For that time we had trained soldiers, Various disguises: Govan Mbeki (miner), Walter Sisulu instance, after the Treason Trial and there was a feeling among some (farmworker) , Ahmed Kathrada (Portuguese man), Bram Fischer (photographer)

Remembering Rivonia | People’s Law Journal 37 ‘Oh yes, there is always a need for political education.’

people that we can now come to You don’t always was not only emphasis on academic the stage where we can have armed need certificates studies, but also on political studies. combat… We had a syllabus, which included Take President Zuma, I hear he Marxism. There was a move to set Did you study revolutions from other came into prison with Standard 2. up a Communist Party in jail, but countries? His family had no money to send, then they were convinced that it Kathrada: One thing about Madiba, so he couldn’t register with any would be part of the syllabus. The anything he undertakes he studies. institution. After ten years, he left ANC had a syllabus that we had Even when he started learning prison without a certificate but to go through. All members of the chess in jail, he ordered chess an educated man. So you don’t ANC that came to prison had to go books to study. So when the ANC always [need] certificates to be through it. That remained the top of decided to set up MK, he ordered educated, and you have many like the agenda. [and] got hold of books on every that under very adverse conditions who studied. They made the best of struggle, whether it’s Algeria, India Is there still a need for political or China…And then when they those years. education? embarked on the idea of MK, he After the ’76 uprising, when Kathrada: Oh yes, there is always had some idea of what we are doing. the young people came to prison, a need for political education. You It wasn’t just a blind thing. they came very angry. Some of can’t go blindly into a struggle them said, ‘We haven’t come to What did you read? How important was prison to study. We want to fight.’ not knowing politically what your reading in jail? A little group did decide to fight. struggle is all about. Political Kathrada: Without reading, In jail, the most common weapon education is as important as without education, you can’t get is a sharpened spoon, which is academic education. Without it, anywhere. In jail there was a great a knife. They decided to kill the your political organisation that you emphasis on studies, because in white wardens. There were only belong can’t function. They must jail there were a sizable number of white wardens. They stabbed one have political education. You can’t prisoners who were completely or man, and he was the best officer… just form a political organisation semi-illiterate… Without education fortunately they didn’t kill him. without it. you can’t move forward, but in jail Our leadership had to tell these that was a challenge. Only people young chaps, ‘We understand How did you train to psychologically who had money could register deal with the harassment, torture and your anger. Your wanting revenge detentions by the police without giving with a university or college, and and all that, but you can kill 10 up on the struggle? that money had to come from your wardens [and] you will hang. You Kathrada: When people joined immediate family. Apparently it was will achieve nothing.’ So they MK, they were made aware of what jail regulations. So that excluded the had to be persuaded – ‘Don’t the consequences could be, and vast majority of prisoners, because waste your time in jail, study!’ had to be prepared for that. Where the families couldn’t send money. They eventually agreed, and they necessary, if they had to plant In prison we had quite a large studied. number of people [who] were bombs, they were given instructions teachers, or educated people… How did you make each other more on how to make bombs and how to Professor Neville Alexander was in politically aware? plant them. Those preparing for the our section, we had a small section Kathrada: Do I understand that second phase of the struggle, the there. He set up a little group of you want to know about political armed struggle, got their training teachers who taught others. So education in jail? I can only talk outside South Africa in some of the nobody left Robben Island illiterate. about the ANC. In the ANC there African countries…

38 Remembering Rivonia | People’s Law Journal Nobel Square in the Victoria & Alfred Ahmed Kathrada REMEMBERS Waterfront features statues of South Africa’s four Nobel Peace Prize winners - Albert Luthuli, Archbishop Desmond Tutu, FW de Klerk and Nelson Mandela

Torture You can’t train yourself to withstand offered all kinds of things. Thank you very much for your torture. In my case I was never Others were tortured to give patience and for the questions. harmed physically, but in isolation information. There is no special Ndifuna Ukwazi: We want to say there is always the question of the training. You are told when you thank you very much to you and death sentence. Then the police used join these organisations, what we forgot to get you a present, to come and visit to get information. the consequences could be, and but we will send it! So you had to steel yourself to you accept those consequences withstand the offers that the police when you join. I don’t know how made. To me, for instance, they used I withheld…I could have easily to come there [and] some of them broken down. Nobody can really said, ‘We know your family. We prepare to withstand torture. know you so well. Why do you want to get mixed up with this? Freedom of speech Give us this bit of information. One other things about political Not only will we release you, we’ll prisoners like us, one of the great take you to the border and you can deprivation in jail is freedom of leave the country.’ They’d make all speech. So when we get an audience sorts of offers to different people. like you, very quiet and attentive, Others were physically tortured, we try to make up for 26 years of many severely… So the police deprivation.

Remembering Rivonia | People’s Law Journal 39 Constitutionally protected rights

Legally speaking, South Africa is a vastly different country to what it was during the Rivonia Trial . But in recent years the reappearance of a familiar phrase has started ringing alarm bells .

ifty years after the Rivonia throughout the 1960s, which sought Trial, South Africa is a to place firm controls over citizens’ country far removed – in a rights, the rights enshrined in legislativeF sense, at the very least our Constitution are a reminder – from where we once were. But of the progress South Africa has despite the undeniably impressive made, particularly because these legal strides taken, restrictive rights were specifically denied legislation promulgated in recent by apartheid state legislation: the years – among them the ‘Secrecy right to assemble, demonstrate, Bill’ and the National Key Points picket and petition; freedom of Act – has prompted citizens to association; freedom to make wonder how much the current, political choices and the right democratically elected, government to vote; freedom of movement has actually learnt from the failings and residence; the right to access of the apartheid government. courts; specific rights relating to arrested, detained and accused Dawning of a new legal era persons, including the right of an arrested person to be brought to On 10 December 1996, President court no later than 48 hours after Nelson Mandela signed the his or her arrest, the rights of a Constitution of the Republic detained person to be informed of South Africa into law as the of the reasons for his detention, to country’s supreme legal framework. consult with a legal practitioner and Our world-renowned Constitution to be visited by relatives, and every places limits on Parliament’s ability accused person’s right to a fair trial. to pass laws, especially laws that limit constitutionally protected Echoes of the past rights. This year marks the 20th As opposed to the draconian anniversary of South Africa’s state security legislation passed democracy. While South Africa’s

40 Remembering Rivonia | People’s Law Journal The Rivonia Trialists refused to submit to laws intended to deny their fundamental rights

The Freedom Charter on the wall, Palace of Justice, Church Square, Pretoria current legislative framework in their best interests. This Bill serve as a lesson to all citizens. If is light years removed from the seeks to criminalise the publication we allow any government to again oppressive laws of the apartheid of certain information, on the deny us our rights on the basis of regime, there has in recent years basis that such information could phantom threats to our security, we been a noticeable increase in efforts expose the country to national risk allowing it to manipulate us, as by the government to pass national security threats. This, opponents the apartheid government did with security laws, presumably to protect say, gives government wide the white minority before 1994. citizens against external threats. powers to withhold information from the public and grants the The way forward The Protection of State state unfettered control over the Information Bill, commonly The Rivonia Trialists refused information citizens are allowed to referred to as the ‘Secrecy Bill’, has to submit to laws intended to see. been strongly rejected by opposition deny their fundamental rights. political parties and civil society. In addition to the Secrecy Bill, the They protested against them and This Bill, critics say, aims to erode Immigration Act and the Refugees provided us with a platform to do freedom of expression and press Act are also being revised, with the same. freedom. In November 2013 a amendments aimed at promoting As Mandela said during his 1994 parliamentary majority voted in national security by preventing or inauguration, favour of the Bill despite strong discouraging migration. Lastly, the protests by opposition parties. National Key Points Act was used “Never, never and never again to justify spending R246 million on shall it be that this beautiful Opponents say the Bill in its upgrading President Jacob Zuma’s land will again experience the current form includes a number of Nkandla residence. Ministers in the oppression of one by another.” constitutional violations and limits security cluster tried to use ‘national the public’s access to information. It is our duty to remain vigilant and security’ as a basis for obstructing A successful democracy requires, ensure that no government ever the public protector’s investigation among other things, a transparent again robs us of the rights so many into the use of these funds. government and the freedom to gave their lives for. express one’s opinions and thoughts. The use of ‘national security’ laws Citizens deserve to know that their to persecute the Rivonia Trialists elected representatives are acting and other political prisoners should

Remembering Rivonia | People’s Law Journal 41 A legal framework for repression

will start off by saying From the 1960s a few words about what preceded the Trial. There repressive laws “Iwas the 90 day detention law, which allowed the police to detain people were used to remove for three months at a time. During those days you are not even allowed the leadership to talk to the people with whom you are arrested. No lawyers. No of liberation visitors. No newspapers. No books.” Ahmed Kathrada (Rivonia Trialist) movements, political e had come on parties and trade legal business... But it was clear“W that they were in no mood unions from society for consultation. They were rediscovering, it seemed to us, the and to instill fear joys of speech, not unlike people who had been dumb and had in people . suddenly had the power of speech restored to them... They were drunk with speech, with human communication and contact, with being able to talk… too involved in all these new sensations, too intoxicated with them to be prepared to consider serious problems of law. It was very obvious that our legal consultations on that day were not going to get very far.” Joel Joffe describing the Rivonia Trialists first meeting with their lawyers after spending 90 days without trial.

veryone has the right to freedom and security of the person which “Eincludes the right not to be detained without trial.” Section 12 of the Constitution (1996)

42 Remembering Rivonia | People’s Law Journal he apartheid government release. Pan Africanist Congress did some things very well 1950 (PAC) activist Zephania Mothopeng – one of its chief triumphs The 1950 Suppression of and African National Congress Twas its success in making laws to Communism Act (SCA) was the (ANC) activist Elias Tsimo were counter resistance movements that first major salvo in creating a legal banished to the tiny reserve of were increasingly hard to contain framework for the apartheid state’s Witzieshoek, Orange Free State, after and control. Repressive laws increasingly iron-fisted reaction to being released from Robben Island, removed the leadership of liberation resistance. Although passed prior despite the fact that both had lived in movements, political parties and to the 1960s, the SCA was to be Soweto prior to their capture. trade unions from society and ‘the building block from which instilled fear in people. Today, we legislation and amendments were celebrate political freedoms and hewn and prosecution launched’, 1960 the rights of arrested, detained and Madeline Fullard wrote in The accused people in our Constitution. Road To Democracy in South Africa: The Unlawful Organisations Act Volume 1. was passed in the week following However our schools, history the Sharpeville Massacre of 21 departments and law faculties at The purpose of the SCA was March 1960. It was a response to the universities as political parties ostensibly to outlaw communism ANC- and PAC-led anti-pass law fail to teach us the laws that were and the Communist Party. But it campaigns and declared unlawful made to silence opponents of defined communism so broadly any organisation threatening the government. Understanding that it allowed for the charging of the safety of the public. After these laws are necessary to resist any person who called for social its enactment, the ANC and the new ones such as the ‘Secrecy and political change. The SCA PAC immediately became illegal Act’ that will criminalise access allowed the Minister of Justice organisations. The Unlawful to information that exposes the to list members, supporters or Organisations Act was among the failures. Since 11th September 2001, sympathisers of ‘communist laws most commonly used during the United States has pressured organisations’ and to ban them from the 1960s to charge hundreds of anti- most countries to introduce laws public office and from attending apartheid activists. If you carried an that are similar or worse than those public meetings. Banned persons ANC pamphlet or flag you could go used under apartheid to spy on, were denied civil rights, including to jail for five years for ‘furthering detain, torture, house-arrest, ban the right to communicate with any the aims of a banned organisation’. and execute people they suspect of other banned persons. The Rivonia being ‘terrorists’. Trialists were charged under the SCA for, among other things, 1961 advancing communism. The SCA... defined After the successful general strike communism so The SCA also empowered the organised by the ANC in May 1961, Minister to banish individuals to the government rushed the 1961 broadly that it remote areas of South Africa, usually General Law Amendment Act far away from their families and through Parliament to allow for allowed for the communities. Initially, banishment detention without trial for a period under the SCA was used to restrict of 12 days. The passing of this law charging of any certain political prisoners to specific was the beginning of the incremental and usually rural areas of South build toward indefinite detention- person who called for Africa immediately after their without-trial laws. social and political change Remembering Rivonia | People’s Law Journal 43 One of the most been interrogated while in solitary 1962 confinement were sometimes found The 1962 General Law draconian laws to have suffered brain damage as Amendment Act, commonly a result of solitary confinement. known as the ‘Sabotage Act’, created by the state The brain damage could result was the apartheid government’s in witnesses being unable to direct response to the resistance in the 1960s was the distinguish truth from fantasy. They movement’s increasing use of so-called ‘90-Day sometimes believed the evidence sabotage as a means of protest. they were giving was true when Any person who committed an act Detention Law,’ in fact it was not, and witnesses viewed as endangering the public, believed they had committed acts threatening the maintenance of which they had not. law and order or disrupting the up to 90 days. During this 90- The 1963 General Laws supply of services such as water day period, detainees were often Amendment Act also included or electricity could be tried for subjected to torture by the police. what was called the ‘Sobukwe sabotage under this Act. Crimes They were prohibited from speaking Clause’, which gave the Minister committed under the Sabotage to other prisoners, relatives or of Justice the power to prolong Act carried the death penalty. The lawyers, and were not allowed to the detention of any political Rivonia Trialists were charged in communicate in any way with any prisoner indefinitely, even after his terms of this Act for ‘conspiring to person outside the prison walls. or her prison sentence had been overthrow the state’. They were also not allowed access to completed. The Sobukwe Clause reading or writing materials. About The Sabotage Act also increased was created primarily to keep 73 political detainees were killed in the President’s power to declare PAC founder Robert Sobukwe detention or died after torture. organisations unlawful. Under this imprisoned in solitary confinement Act, individuals could be banned Prisoners were often released after on Robben Island for an additional from social gatherings (including 90 days only to be re-detained on six years after the completion of his having more than one visitor at the same day for a further 90-day initial three-year sentence for his a time), and the Minister was period. Within 18 months of the role in organising the nationwide empowered to list banned persons in passing of the 90-Day Detention protests of 21 March 1960. the Government Gazette. Law it had been used to detain 682 people for up to 90 days; 61 were 1963 held for more than 90 days; eight 1965 were held for more than 180 days. The 1965 Criminal Procedure One of the most draconian laws By the time the 90-Day Detention Amendment Act doubled the created by the state in the 1960s was Law was suspended in 1965, it had detention-without-trial period to the so-called ‘90-Day Detention been used to detain more than 1 000 180 days and allowed for a person Law,’ contained in the 1963 General people in solitary confinement. Laws Amendment Act. This law to be re-arrested after his or her allowed a suspect to be held in The 90-Day Detention Law detention period was over. The police custody, without trial and in was also used to secure state Attorney-General was empowered solitary confinement, for a period of witnesses. Prisoners who had to order the detention of persons

44 Remembering Rivonia | People’s Law Journal Prisoners were likely to give evidence for the often released after state in any criminal proceedings relating to certain offences. 90 days only to be Unlike the 90-Day Detention Law, re-detained on this 180-Day Detention Law did not specify interrogation as part the same day for a of the detention. Detainees could be held for six months in solitary further confinement and only state officials were permitted access to 90-day period the detainees. Courts did not have jurisdiction to order the release charged under this Act for an of prisoners or to rule on the offence committed prior to the Act validity of the Act’s regulations. being passed. The Act also applied According to Madeline Fullard’s to South West Africa (Namibia). The Road To Democracy in South It differed from the 90-Day and Africa: Volume 1, in the first three 180-Day Detention laws in that years after its adoption almost the public was prohibited from 400 people had been detained accessing information relating to under the 180-Day Detention Law, the identity and number of people and four were found hanged in detained under the Terrorism their cells. Act. People detained under Another harsh law passed in the the Terrorism Act were ‘placed 1960s was the Terrorism Act, beyond the reach of the rule of the which built on the Sabotage courts’, Fullard wrote, and were Act and authorised indefinite ‘at the mercy of security police,’ detention without trial on the who were only accountable to the authority of any policeman of Minister. the rank of Lieutenant-Colonel The trial of Andimba Toivo ja or above. The new offence of Toivo, a regional secretary of ‘terrorism’ was created in this the South West Africa People’s Act and was defined broadly Organisation (SWAPO), is an to include most criminal acts. example of how the Terrorism Act No time limit was specified operated extraterritorially and for detention, which could be retroactively. In 1966, Toivo and continued until the detainee gave 35 other Namibians were arrested satisfactory replies to all questions. for their activities in support of The Terrorism Act was made Namibian independence and retroactive to 27 June 1962, deported to Pretoria, where meaning that people could be they were subjected to brutal

Remembering Rivonia | People’s Law Journal 45 interrogation before being tried under the Terrorism Act.

The harshness of the Terrorism Act was revealed in Toivo’s statement from the dock: “The South African government has again shown its strength by detaining us for as long as it pleased, keeping some of us in solitary confinement for 300 days to 400 days and bringing us to its capital to try us. It has shown its strength by passing [the Terrorism Act] especially for us and having it made retrospective…”

By the end of the 1960s, the apartheid state had travelled a long way in altering South Africa’s legal framework to ensure its agenda for absolute control and repression had a sound legal footing: suspects; prosecutors could order In the end, unjust laws could not the detention of witnesses for stop the resistance of millions The crimes of sabotage and 180 days in solitary confinement; against apartheid and today – terrorism were created, both preliminary hearings for political the Constitution does not only carrying the death penalty; courts trials were abolished; political guarantee political freedom but were stripped of their powers in accused carried the burden of prohibits detention without trial, respect of the detention of political torture and the banning of activists. disputing their guilt beyond Rights of arrested, detained and reasonable doubt; and, ultimately, accused people such as the rights the Minister of Justice had been In the end, unjust to choose and see lawyers, family, given unlimited power to prohibit doctors and study are guaranteed laws could not stop persons from performing any in the Constitution. We must act, or from being in or absenting the resistance of guard and advance our freedom themselves from any place to organise, oppose inequality and millions against encompassed by the law. injustice. apartheid

46 Remembering Rivonia | People’s Law Journal Speeches from the dock N U Archive

Access to information and knowledge requires access to historical documents . Ndifuna Ukwazi will publish historical documents, including court documents in the People’s Law Journal . In this case, we have published testimony and speeches from the dock .

Remembering Rivonia | People’s Law Journal 47 ‘I am prepared to die’

N elson Mandela

On Monday, 20 April 1964, in Pretoria’s Palace of Justice, Nelson Mandela spoke from the “I am the First Accused.” witness stand .

n 1962 Mandela had already been sentenced to I hold a Bachelor`s Degree in Arts and practised as a five year term for incitement. In that trial he an attorney in Johannesburg for a number of years had refused to be cross-examined because fair in partnership with Oliver Tambo. I am a convicted Ijustice would be impossible in a court controlled prisoner serving five years for leaving the country by Whites, enforcing laws made in a parliament without a permit and for inciting people to go on strike where the majority of the population are not at the end of May 1961. represented. He chose rather to make a strong … statement from the dock, attacking the institutions of White supremacy. In my youth in the Transkei I listened to the elders Genreally add subtitles of my tribe telling stories of the old days. Amongst His co-defendants in the Rivonia Trial felt that the tales they related to me were those of wars fought Mandela would be contradictingallover the his shop earlier by our ancestors in defence of the fatherland. The principled stand if he stood in the witness box names of Dingane and Bambata, Hintsa and Makana, for cross-examination. They also wanted to put Squngthi and Dalasile, Moshoeshoe and Sekhukhuni, their side of the case to the world, which would were praised as the glory of the entire African nation. be difficult in a question and answer session. I hoped then that life might offer me the opportunity So the decision was that Mandela would make to serve my people and make my own humble a statement from the dock, and not submit to contribution to their freedom struggle. This is what has cross-examination. This is an excerpt from motivated me in all that I have done in relation to the that statement. charges made against me in this case.

48 The Rivonia Trial | People’s Law Journal “I am the First Accused.”

… leadership was given to canalise and control the feelings of our people, there would be outbreaks of terrorism Some of the things so far told to the Court are true and which would produce an intensity of bitterness and some are untrue. I do not, however, deny that I planned hostility between the various races of this country sabotage. I did not plan it in a spirit of recklessness, which is not produced even by war. Secondly, we felt nor because I have any love of violence. I planned it as that without violence there would be no way open to a result of a calm and sober assessment of the political the African people to succeed in their struggle against situation that had arisen after many years of tyranny, the principle of white supremacy... exploitation and oppression of my people by the whites.

I admit immediately that I was one of the persons who The ANC refused to dissolve helped to form Umkhonto We Sizwe, and that I played In 1960, there was the shooting at Sharpeville, which a prominent role in its affairs until I was arrested in resulted in the proclamation of a state of emergency August 1962. and the declaration of the ANC as an unlawful organization. My colleagues and I, after careful Violence had become inevitable consideration, decided that we would not obey this I and the others who started the organization did so decree…The ANC refused to dissolve, but instead went for two reasons. Firstly, we believed that as a result of underground. We believed it was our duty to preserve Government policy, violence by the African people this organization which had been built up with almost had become inevitable, and that unless responsible fifty years of unremitting toil. I have no doubt that

The Rivonia Trial | People’s Law Journal 49 no self-respecting white political organization would ANC had always stood for a non-racial democracy, and disband itself if declared illegal by a government in we shrank from any action which might drive the races which it had no say. further apart than they already were. But the hard facts were that fifty years of non-violence had brought the We were not entitled to vote African people nothing but more and more repressive In 1960 the government held a referendum which led legislation, and fewer and fewer rights... When some to the establishment of the Republic. Africans, who of us discussed this in May and June of 1961, it could constituted approximately 70 per cent of the population not be denied that our policy to achieve a non-racial of South Africa, were not entitled to vote, and were state by non-violence had achieved nothing, and that not even consulted about the proposed constitutional our followers were beginning to lose confidence in change. All of us were apprehensive of our future this policy and were developing disturbing ideas of under the proposed White Republic, and a resolution terrorism. was taken to hold an All-In African Conference to … call for a National Convention, and to organize mass demonstrations on the eve of the unwanted Republic, After a long and anxious assessment of the South if the Government failed to call the Convention. African situation, I and some colleagues came to The Conference was attended by Africans of various the conclusion that as violence in this country was political persuasions inevitable, it would be unrealistic and wrong for African leaders to continue preaching peace and non- … violence at a time when the Government met our The stay-at-home, in accordance with ANC policy, was peaceful demands with force. to be a peaceful demonstration. Careful instructions .... were given to organizers and members to avoid any recourse to violence. The Government’s answer was to In the Manifesto of Umkhonto we Sizwe published on introduce new and harsher laws, to mobilise its armed 16 December 1961, we said: forces, and to send Saracens, armoured vehicles and “The time comes in the life of any nation when there soldiers into the townships in a massive show of force remain only two choices – submit or fight. That time designed to intimidate the people.... has now come to South Africa. We shall not submit and we have no choice but to hit back by all means What were we, the leaders of our people, to do? Were in our power in defence of our people, our future and we to give in to the show of force and the implied threat our freedom.” against future action, or were we to fight it, and if so, how? … Our policy had achieved nothing We took the decision We had no doubt that we had to continue the fight. IUmkhonto was formed in November 1961. When Anything else would have been abject surrender. Our we took this decision, and subsequently formulated problem was . . . how to continue the fight? We of the our plans, the ANC heritage of non-violence and

50 Remembering Rivonia | People’s Law Journal racial harmony was very Experience convinced us much with us. We felt that ‘During my lifetime I have that rebellion would offer the country was drifting the Government limitless towards a civil war in which dedicated myself to this opportunities for the indiscriminate slaughter blacks and whites would struggle of the African people. fight each other. We viewed of our people. But it was the situation with alarm. I have fought against white precisely because the soil Civil war could mean the of South Africa is already destruction of what the ANC domination, and I have fought drenched with the blood stood for; with civil war, of innocent Africans that we felt it our duty to make racial peace would be more against black domination. I preparations as a long-term difficult than ever to achieve. undertaking to use force in We already have examples in have cherished the ideal of a order to defend ourselves South African history of the democratic and free society in against force…. The fight results of war. It has taken which held out the best more than fifty years for the which all persons live together prospects for us and the scars of the South African least risk of life to both sides War to disappear. How in harmony and with equal was guerrilla warfare…. much longer would it take to eradicate the scars of inter- opportunities. It is an ideal The ideological creed of the ANC is, and always racial civil war, which could which I hope to live for and not be fought without a great has been, the creed of loss of life on both sides? African nationalism. It is to achieve.’ not the concept of African … nationalism expressed in Four forms of violence are possible… sabotage… the cry, “Drive the white man into the sea”. The African nationalism for which the ANC stands is the concept guerrilla warfare… terrorism and… open revolution. of freedom and fulfilment for the African people in We chose to adopt the first method and to exhaust it their own land. The most important political document before taking any other decision…. ever adopted by the ANC is the ‘Freedom Charter’. It Sabotage did not involve loss of life, and it offered the is by no means a blueprint for a socialist state. It calls best hope for future race relations. for redistribution, but not nationalisation, of land; it provides for nationalisation of mines, banks and … monopoly industry, because big monopolies are owned The response to our actions and Manifesto among by one race only, and without such nationalisation the white population was characteristically violent. racial domination would be perpetuated despite the The Government threatened to take strong action and spread of political power… called upon its supporters to stand firm and to ignore Today I am attracted by the idea of a classless society, the demands of the Africans. The whites failed to an attraction which springs in part from Marxist respond by suggesting change; they responded to our reading and, in part, from my admiration of the call by suggesting the laager. structure and organization of early African societies in this country. The land, then the main means of The freedom charter production, belonged to the tribe. There were no rich In contrast, the response of the Africans was one of or poor and there was no exploitation. encouragement. Suddenly there was hope again. Things … were happening, people in the townships became eager for political news. A great deal of enthusiasm was I am an admirer generated by the initial successes and people began to From my reading of Marxist literature and from speculate on how soon freedom would be obtained. conversations with Marxists, I have gained the … impression that communists regard the parliamentary

Remembering Rivonia | People’s Law Journal 51 system of the West as reserves where soil erosion undemocratic and reactionary. “By the time he had reached and the overworking of the But, on the contrary, I am an soil make it impossible for admirer of such a system. the end of his address we them to live properly off the land. Thirty per cent are The Magna Carta, the Petition were moved beyond words. labourers, labour tenants of Rights and the Bill of Rights and squatters on white farms are documents which are held And the women! The women and work and live under in veneration by democrats conditions similar to those throughout the world. were all in tears. When he of the serfs of the Middle I have great respect for said ‘I am prepared to die,’ Ages. The other thirty per British political institutions, cent live in towns where they and for the country’s system I did not realise that tears have developed economic of justice.... The American were pouring down my face.” and social habits which bring Congress, that country’s them closer in many respects doctrine of separation of to white standards. Yet most powers, as well as the independence of its judiciary, Africans, even in this group, are impoverished by low arouse in me similar sentiments. incomes and the high cost of living…. Poverty goes hand in hand with malnutrition and disease…. I have been influenced in my thinking by both West and East. All this has led me to feel that in my search There are two ways to break out of poverty. The first is for a political formula, I should be absolutely impartial by formal education, and the second is by the worker and objective. I should tie myself to no particular acquiring a greater skill at his work and thus higher system of society other than that of socialism. I must wages. As far as Africans are concerned, both these leave myself free to borrow the best from the West and avenues of advancement are deliberately curtailed from the East… by legislation. As I understand the State case . . . the suggestion is that … Umkhonto was the inspiration of the Communist Party which sought, by playing upon imaginary grievances, to The lack of human dignity experienced by Africans enrol the African people into an army which ostensibly is the direct result of the policy of white supremacy. was to fight for African freedom, but in reality (would White supremacy implies black inferiority.... Whites be) fighting for a communist state…. The suggestion tend to regard Africans as a separate breed. They do not is preposterous. Umkhonto was formed by Africans to look upon them as people with families of their own; further their struggle for freedom in their own land…. they do not realise that they have emotions--that they Our fight is against real, and not imaginary, hardships, fall in love like white people do; that they want to be or to use the language of the State Prosecutor, ‘so-called with their wives and children like white people want to hardships’. Basically, we fight against two features which be with theirs; that they want to earn enough money to are the hallmarks of African life in South Africa and support their families properly, to feed and clothe them which are entrenched by legislation which we seek to and send them to school. And what ‘house-boy’ or have repealed. These are poverty and lack of human ‘garden-boy’ or labourer can ever hope to do this? dignity, and we do not need communists or so-called ‘agitators’ to teach us about these things. The pass laws Pass Laws, which to the Africans are amongst the Africans live in poverty and misery most hated bits of legislation in South Africa, render South Africa is the richest country in Africa and could any African liable to police surveillance at any time. I be one of the richest countries in the world. But it doubt whether there is a single African male in South is a land of extremes and remarkable contrasts. The Africa who has not at some stage had a brush with the whites enjoy what may well be the highest standard of police over his pass. Hundreds of thousands of Africans living in the world, whilst Africans live in poverty and are thrown into gaol each year under Pass Laws. Even misery. Forty per cent of the Africans live in hopelessly worse than this is the fact that Pass Laws keep husband over-crowded and, in some cases, drought-stricken and wife apart and lead to the breakdown of family life.

52 Remembering Rivonia | People’s Law Journal A living wage Above all, we want equal political rights, because without them our disabilities will be permanent. I know Poverty and the breakdown of family life have this sounds revolutionary to the whites in this country, secondary effects. Children wander about the streets because the majority of voters will be Africans. This of the townships because they have no schools to go makes the white man fear democracy. to, or no money to enable them to go to school, or no parents at home to see that they go to school, because It is a struggle for the right to live both parents (if there be two) have to work to keep the family alive. This leads to a breakdown in moral It is not true that the enfranchisement of all will result standards, to an alarming rise in illegitimacy and to in racial domination…. The ANC has spent half a growing violence which erupts, not only politically, century fighting against racialism. When it triumphs but everywhere. Life in the townships is dangerous. it will not change that policy. This then is what the There is not a day that goes by without somebody being ANC is fighting for…. It is a struggle of the African stabbed or assaulted. And violence is carried out of the people, inspired by their own suffering and their own townships into the white living areas. People are afraid experience. It is a struggle for the right to live. to walk alone in the streets after dark. Housebreakings During my lifetime I have dedicated myself to this and robberies are increasing, despite the fact that the struggle of the African people. I have fought against death sentence can now be imposed for such offences. white domination, and I have fought against black Death sentences cannot cure the festering sore. domination. I have cherished the ideal of a democratic Africans want to be paid a living wage. They want to and free society in which all persons live together in perform work which they are capable of doing, and harmony and with equal opportunities. It is an ideal not work which the Government declares them to be which I hope to live for and to achieve. But if needs be, capable of. Africans want to be allowed to live where it is an ideal for which I am prepared to die”. they obtain work, and not be endorsed out of an area Mandela had spoken for five hours. The court was because they were not born there. Africans want to be silent. From the benches you could hear “people release allowed to own land in places where they work, and not their breath as the moment of tension passed”1. Walter to be obliged to live in rented houses which they can Sisulu’s wife, Albertina, describes the scene: never call their own. We want to be part of the general population, and not confined to living in our own “By the time he had reached the end of his address ghettoes. African men want to have their wives and we were moved beyond words. And the women! children to live with them where they work, and not The women were all in tears. When he said ‘I am be forced into an unnatural existence in men’s hostels. prepared to die,’ I did not realise that tears were African women want to be with their men folk and pouring down my face.” 2 not be left permanently widowed in the Reserves… we want to be allowed to travel in our own country and to This was one of the greatest political statements ever seek work where we want to and not where the Labour made from the dock.

Bureau tells us to. We want a just share in the whole of 1 J Joffe. The State vs Nelson Mandela. (2007) 160. South Africa; we want security and a stake in society. 2 E Sisulu. In Our Lifetime. (2002) 168.

Remembering Rivonia | People’s Law Journal 53 ‘I have suffered’

W alter Sisulu

On 20 April 1964, following Nelson Mandela’s powerful opening statement, Walter Sisulu was asked to take the stand . Being unable to cross examine Mandela as planned, a visibly frustrated Percy Yutar, directed the full fury of his E xaMINATIon in Chief by attack on Sisulu . Advocate Bram Fischer

Fischer: And have you suffered from these hardships Sisulu was on the stand for five [under apartheid] personally? Sisulu: I have suffered. I have personal experience of days, during which time he was various disabilities, as for instance the pass laws, and the question of being underpaid, and the question of completely isolated from his persecution. I have been banned under the Suppression of Communism Act. I have been confined. I have been lawyers and his co-defendants . ordered to resign from political organizations to which I have belonged. I have been house-arrested. I have been detained. I have been separated from my family... This is his testimony . Fischer: What was your attitude then to the banning of the Congress? Sisulu: We could not accept the ban on the African National Congress because it was the mouthpiece of the African people. It was the only hope that the

54 Remembering Rivonia | People’s Law Journal African people had which could liberate them from eventually made the ANC agree to permit sabotage oppression…. what happened to all those efforts which had been put Fischer: Mr. Sisulu, you have chosen to give evidence forward in 1945? under oath so that your story can be tested by cross- Sisulu: Well, I’d like to mention that both in policy, examination in the ordinary way. Is that so? programme and practice, the ANC adopted the most Sisulu: That is correct, my Lord. Except that I must reasonable and sober attitude for the unity and harmony explain to the court that I would like to make my of its citizens… but the Europeans of this country, through position very clear. I am prepared to testify in this case their political representatives, were not prepared to accept in regard to the part I have played and in regard to the the line we have chosen to a peaceful settlement of all part which my organization has played and some of the problems by negotiations. Instead they chose to make people connected with it. But my Lord, I would certainly South Africa an armed camp…. With the banning of find it difficult to testify or to answer any questions meetings, banning of organizations and suppressing of all relating to my organization which might lead to the legal methods, it was not possible for Africans to accept prosecution of my people. I would not do anything this situation. No self-respecting African would accept this which would lead to revealing the workings of my situation…. organization and confidential matters. I would not be The Africans in South Africa are among the best able to testify insofar as that aspect is concerned. I am informed about events, particularly in their own aware that by so doing I might worsen my position. But I country. [By 1960] they were aware that in Africa, one find that I cannot do otherwise. country after another was getting freedom and that the ANC, although it was one of the oldest organisations, Fischer: Looking back on it, Mr Sisulu, do you consider was not coming anywhere near their cherished ideals. that you could or should have acted otherwise than you It did not surprise some of us that the people should did? become impatient…. I was myself convinced that Sisulu: I can’t see how I could have done otherwise, civil war would eventually become inevitable unless other than what I have done. Because even if I myself the Government changed its policy…. I felt that in did not play the role I did, others would have done what the interest of my own people it would be better that I have done instead. we should bring about a state of affairs whereby such Fischer: Now, Mr. Sisulu, as a background to what violence would be controlled.

Cross-Examination by Advocate Percy Yutar

Yutar: So — money to promote sabotage? Sisulu: It was not in the nature of Umkhonto to do that. Sisulu: No, that is a different matter altogether. Would Yutar: What of the two children who were severely you grudge a man his defense?... burnt in Port Elizabeth, and one of whom died? Yutar: What precautions were taken to avoid injury to Sisulu: Mbeki said that this had not been the work of persons? Umkhonto. Sisulu: The fact that this was to be avoided was stressed Yutar: Then who was responsible, if not Umkhonto? repeatedly, and the targets were chosen with this in view. Sisulu: Mbeki did not say. Yutar: If you remove a rail from a railway line you Justice de Wet: There was a trial during the endanger human life, don’t you? last war that I remember in which a bomb Sisulu: This kind of sabotage was not encouraged by was placed next to the Benoni post office. Umkhonto. Some unfortunate passer-by came to post a Yutar: What are the consequences if a bomb is hurled letter; the bomb exploded and he was killed. If you are into a room? going to start bombing buildings is it possible to avoid

Remembering Rivonia | People’s Law Journal 55 that type of accident? Can you ever be sure that you have avoided killing or injuring people?’ Sisulu: My Lord, an accident is an accident. But the precaution in fact is in the intention, and the method used—for instance at night, when people are not there. These are some of the things we take into consideration, that it should not be done at any time in any manner, in order to avoid the loss of life. Justice de Wet: Your argument is that as long as you have not got the intention to kill people, it does not matter if you kill people. Is that your argument? Yutar: Do you know “Walter in the Sisulu: No sir. I am saying that precautions are taken anything about a book in order to avoid such a thing. I am not saying that ‘The Gun’— the book witness box it can’t happen. But I am saying that precautions are which contains the taken that it should not happen... key to this code [used had been a in ANC/Umkhonto Yutar: Name me one responsible person in the documents]? That whole [Umkhonto] organization? triumph… is the one piece of Sisulu: I am not prepared to give names. documentary evidence Yutar: Were your saboteurs required to possess any we still lack. academic qualifications? Sisulu: I know nothing about it. Sisulu: No. Yutar: In other words, you permitted the secretariat to Yutar: In other words, you were reckless in your write and to receive letters of which you did not know choice of persons who handled explosives? the contents? Sisulu: That is an exaggeration. Sisulu: Yes.... Yutar: (reading from one of the documentary Yutar: Did the ordinary members of the ANC know exhibits): It says here that informers will be tracked that this organization was hand in glove with the down, if it takes ‘five years or a hundred’, and that ‘no Communist Party? mercy is to be shown to such.’ Sisulu: It was a well-known fact. Sisulu: This was never the policy of the ANC. Yutar: How do you account for the fact, stated by X Yutar: In your eyes witness X [Mtolo] who appeared in his evidence, that it was not to become generally in this court is a traitor and an informer. What will be known that the ANC was co-operating with the done to him? Communists? Sisulu: He will be ostracized. Sisulu: I refuse to accept X [Mtolo’s] evidence. I Yutar: Not according to this document. It says here believe what Mandela has said.... that he will be tracked down, whether it takes ‘five Yutar: Well, unless his Lordship stops me, I’m going years or a hundred’, and that he will be shown no to insist on a name. I want to know who, on behalf of mercy.... Umkhonto, drafted this pamphlet. Justice de Wet: Did you also regard it as your duty to Sisulu: It doesn’t help you to insist on the name. I tell your people that they were being oppressed? have explained that insofar as people who are in the Sisulu: All the African peoples on the continent country are concerned, I will certainly not answer. desire freedom. The Africans of this country are no Yutar: Not answer? exception.

56 Remembering Rivonia | People’s Law Journal Sisulu: Only in the sense that the majority of rulers will be black. Justice de Wet: That necessarily involves control, not so? Sisulu: Well it might be that control can be exercised by both races together. We have in the history of this country, an example in the Cape Province where the Africans themselves elected a European. Justice De Wet: You would never agree to that, would you? … the whole Sisulu: No. But I will Sisulu: Why not? answer to people who Justice De Wet: You being represented by a white court had been are outside. person? impressed Yutar: Oh. They’re Sisulu: No, not to be represented, my Lord. We don’t safe! want to be represented. But we say if the people of by this small Sisulu: Of course! South Africa elected Dr Verwoerd, by all means let him come to Parliament—if he is elected by the man of meagre Yutar: I want to know who drafted this whole lot. We are not fighting the issue on the basis education but pamphlet. of colour.... Sisulu: Well, my Lord, Yutar: What for? The police don’t arrest people of tremendous I am not prepared to indiscriminately, unless… sincerity, calm, answer that question. Sisulu: They arrest many people indiscriminately. Justice de Wet: You For no offence people have been arrested. conviction and are not prepared to Yutar: Would you like to make a political speech? certainty.” answer? Sisulu: I am not making a political speech. I am Sisulu: I am not answering your question. prepared to answer. Yutar: How do you know they arrest people Justice De Wet: Yes, very well.... innocently? Sisulu: We educate people in this country and the Sisulu: I know. They arrested my wife. They arrested my son. That was indiscriminate. people abroad that the only solution in South Africa is living together as black and white—that there is no Yutar: Without any evidence whatsoever? other solution. Sisulu: What evidence? Justice de Wet: Living together? But doesn’t that Yutar: I don’t know. I am asking? involve— according to your ideas—control by Sisulu: I have been persecuted by the police. If there the non-white element because they have more in is a man who has been persecuted, it is myself. In numbers? 1962 I was arrested six times. I know the position in Sisulu: My Lord, we have always maintained that this country. because of historical conditions in this country the Yutar: You do? mere fact that the Africans are in the majority would Sisulu: I wish you were in the position of an African! not mean black domination. I wish you were an African and knew the position... Justice de Wet: No, but black control! Won’t it mean Justice De Wet: If the technicians are so clever that black control? they can trace the origin of a broadcast within a few

Remembering Rivonia | People’s Law Journal 57 minutes, then it doesn’t matter where you hold Re-ex aMINATIon by the broadcast, they will catch you red-handed. Advocate Bram Fischer Sisulu: We would still take the risk. There was no doubt that those who were there were taking Fischer: You were first convicted in 1952 in the a big risk. But the point is that we were in Defiance of Unjust Laws Campaign? hiding, and that is the reason it was not done at Sisulu: That is correct. Rivonia. We were staying there, and we would Fischer: In consequence of taking a lead there you have been exposing it to the police. were convicted a second time under the Suppression Justice De Wet: So you don’t mind the people of Communism Act, for organizing the Defiance who were working the broadcast and putting Campaign and taking a part in it? your recording over the air—you Sisulu: That is correct. wouldn’t mind their being caught so Fischer: That could have given you long as you are not caught? Is that the ten years in jail, couldn’t it? position? Sisulu: That is correct. Sisulu: No, that’s not what I’m trying Fischer: Then again you were to say. One does take the risk. But We educate arrested in 1954 and convicted you would not put all your eggs in for attending a gathering. At that one basket. Those who were to do it people in this time you had been banned from were there. That’s why we were not country and the gatherings? there—not that we don’t care about any particular person who might be people abroad that Sisulu: Yes. arrested. Fischer: You were convicted, but Justice De Wet: Isn’t that rather typical the only solution acquitted on appeal? of patriots? That they are always Sisulu: That is correct. prepared to let the rank and file take in South Africa is Fischer: In 1960 you were the risk, and see that they don’t put living together as detained during the State of themselves in danger. Isn’t that the Emergency? position? black and white Sisulu: That is correct. Sisulu: I don’t think that that Fischer: In 1961 you were interpretation is correct. Take the case — that there is no convicted twice, and in 1962 you of war ... the generals are sometimes not were first arrested for attending very exposed, not because they want to other solution a gathering and then the charges expose others. were withdrawn? Justice De Wet: But exactly the same Sisulu: That is correct. thing happens with people who are Fischer: In April you were arrested plotting a rebellion or revolution. They again in Johannesburg under the look forward to being the government in due Suppression of Communism Act, and there you were course. And they see to it that they preserve acquitted on the charge of attending a gathering? their own skins, not so? Sisulu: Yes. Sisulu: My understanding, my Lord, is that we, to the best of our ability, want to preserve Fischer: Then in 1962 I think you were arrested on everyone.... several occasions? Sisulu: Six times in 1962.

58 Remembering Rivonia | People’s Law Journal 50 years on: Inspiration at the The Walter Sisulu University

Fischer: One of these occasions was when your mother died and people came from your neighbourhood to your house to sympathize? Sisulu: They came as you say. And I explained the position to the police, but despite my explanation they arrested me. Eventually the charge was withdrawn. Fischer: When the ANC became illegal, you have told the court you continued to participate in its activity. And that of course exposed you I think to a sentence of ten years? Sisulu: That is correct. Fischer: And when you were detained for 90 days (that is to say, from day of the arrest at Rivonia) were you approached and interrogated in any way? Sisulu: Yes, I was interrogated by members of the Special Branch several times. They said they believed I was in possession of vital information which would help the State, and that I was facing a very grave charge, the penalty for which is death. They told me I could escape if I was prepared to give evidence, or rather to give them information confidentially. They said it would not be known by anybody. And they told me that some of the Europeans had already spoken and given information about me. They repeated examples of the rebellion of 1914 when Jopie Fourie was hanged. I, however, said that I would never give information about my colleagues and they could do what they wished. Fischer: So you did not accept any offer, though it may have saved you from the death penalty? Sisulu: Yes.

Defence concerns for Sisulu on the stand

The defence team had been concerned that Sisulu Joel Joffe, attorney for the accused, would not be able to cope with the tough cross- thought that Sisulu’s testimony had examination that Percy Yutar was sure to launch been one of the best he had ever seen. against him. ‘…Walter in the witness box had been a triumph… They were concerned that Sisulu, with little formal The whole court, I think, had been impressed education, would not be able to match Yutar who by this small man of meagre education but of had a Doctorate in Law. The lawyers concerns tremendous sincerity, calm, conviction and 1 proved to be completely unfounded. certainty.’

1 J Joffe. The State vs Nelson Mandela. (2007) 180.

Remembering Rivonia | People’s Law Journal 59 ‘There was nothing else I could do’

E lias Motsoaledi

On Monday, 20 April 1964, following the completion of Nelson Mandela’s and Walter Sisulu’s powerful testimonies, Elias Motsoaledi stood up before the court .

Motsoaledi chose to make a statement from the dock . He had been lower in the leadership of Umkhonto we Sizwe and the defence did not want the prosecution to distort his level of involvement . Motsoaledi kept his statement short and to the point .

60 Remembering Rivonia | People’s Law Journal The symbol for Umkhonto we Sizwe (Spear of the Nation)

y Lord, I am 39 years old. I was a clerk and did, I did for my people and because I thought it was canvasser. I am a married man and have the only way left for me to help my people. That is all Mseven small children… I have to say. I came to Johannesburg to earn a living What I did, I did In addition, my Lord, I want to say that to help my family. I earned 24 shillings I was assaulted by the Security Branch a week in a boot factory. When workers for my people and in an attempt to make a statement. More asked for better wages, I was sacked. than three months ago they arrested my wife and detained her under 90-days. I joined the African National Congress because I thought And when she finished her 90-days, she in 1948 and remained a member it was the only was re-arrested again. As it is she is still until 1954 when I was banned from in jail. I consider this disgraceful on membership of this organization. way left for me to the part of the police, my Lord, that a Although I am a listed communist I did woman with seven children should be not join the Communist Party after it help my people. punished, because of offences committed had been banned, but I do admit that I by me. That is all I have to say. was on the technical committee of the Johannesburg Region and was recruited to Umkhonto we Sizwe during the end of 1962...

There was nothing left for us to do except suffer [after the ANC was banned]. Then Umkhonto we Sizwe Considerable effect on the court was formed. When I was asked to join it I did so. Joel Joffe, attorney for the accused, There was nothing else I could do. Any African who believed that Motsoaledi’s statement had thought the way I did about my own life and the lives a considerable effect on the court: of my people would have done the same. There was nothing else… ‘I think Elias Motsoaledi’s statement moved me more than anything said by any of the other I did what I did because I wanted to help my people accused. in their struggle for equal rights. I know this is not the place to describe in detail all the heavy burdens ‘We had all grown to like and respect him. He was which an African has to carry, but I am telling the always cheerful, always smiling. The only exception Court of some of these matters which make our to this was when his wife Caroline had been hearts sore and our minds heavy. When I was asked arrested in court while listening to the case where to join Umkhonto we Sizwe it was at the time when it her husband was on trial for his life, and taken off was clear to me that all our years of peaceful struggle to solitary confinement for interrogation. had been of no use. The government would not let For a short while he was angry and bitter, but us fight peacefully anymore and blocked all our legal it wasn’t long before he recovered to announce acts by making them illegal. I thought a great deal proudly that his Caroline would never agree to be about the matter. I could see no other way open to a State witness against anybody – even if she knew me. What I did brought me no personal gain. What I anything. How right he was.’

Remembering Rivonia | People’s Law Journal 61 Suggested Reading

• 491 Days: Prisoner Number 1323/69 by Winnie Mandela (2013)

• The Forgotten People: Political Banishment Under Apartheid by Saleem Badat (2013)

• The Lady: Life and Times of Winnie Mandela by Emma Gilbey (1994)

• Lives of Courage: Women for a New South Africa by Diana Russell (1989)

• Long Walk to Freedom: The Autobiography of Nelson Mandela by Nelson Mandela (1995)

• Mandela: The Authorised Biography by Anthony Sampson (1999)

• Part of My Soul Went with Him by Winnie Mandela (1984)

• Rise and Fall of Apartheid: Photography and the Bureaucracy of Everyday Life by Okwui Enwezor (Editor), Rory Bester (Editor), Michael Godby (Contributor), Khwezi Gule (Contributor) and Patricia Hayes (Contributor) (2013)

• The Road to Democracy in South Africa, Vol 1: 1960-1970 by the South African Democracy Education Trust (2005)

62 Remembering Rivonia | People’s Law Journal • South Africa: The Violence of Apartheid South Africa: by Albie Sachs (1969) The Violence of Apartheid • The State vs. Nelson Mandela by A. Sachs by Joel Joffe (2007)

• Through My Lens: A Photographic Memoir by Alf Kumalo (2011)

• Walter and Albertina Sisulu: In Our Lifetime by Elinor Sisulu (2003)

• The World That Was Ours by Hilda Bernstein (1967)

Remembering Rivonia | People’s Law Journal 63 Published by Ndifuna Ukwazi Editor: Craig Oosthuizen Editorial Committee: Zackie Achmat Mandisa Shandu Carohn Cornell Jared Rossouw

Contributors: Zackie Achmat, Sherylle Dass, Ahmed Kathrada, Axolile Notywala, Craig Oosthuizen, Mandisa Shandu and Phumzile Tyulu.

We are indebted to the Rivonia trialºists who inspired our people.

ISBN 978-0-620-63532-5

© 2014 PLJ Remembering Rivonia

This publication is produced for the Politics, Law and Society Course which is taught at Ndifuna Ukwazi as part of its Fellowship Programme.

This work is licenced under a Creative Commons Attribution-Non Commercial-NoDerivs 3.0 Unported Licence, unless otherwise stated. http://creativecommons.org/licences/by-nc-nd/3.0/

The publisher has made every effort to obtain permission for and to acknowledge the use of copyrighted content. Should any infringement of copyright have occurred, please contact the publisher, and every effort will be made to rectify ommissions or errors in the event of a reprint.

Printed by CREDA Communications (PTY) Ltd, Cape Town, South Africa

64 Remembering Rivonia | People’s Law Journal 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

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50 YEARS ON Remembering Rivonia

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