MANDELA THE LAWYER Proudly brought to you by www.lawyer.co.za the leading free information website about lawyers and the law in South Africa today. Research the law or find a Law Firm. Introduction For over two decades, from 1941 to 1961, Nelson Mandela was a member of the organized legal profession in South Africa: an articled clerk, a professional assistant, a sole practitioner and well as practicing in partnership. In 1939, aged 21 years, when he commenced his studies at Fort Hare University, he had arrived courtesy of Regent Jongintaba’s vehicle – in 1964, just more than 25 years later, he would arrive at Robben Island courtesy of a military transport plane. This is the story of Nelson Mandela, an Attorney at Law by profession and a professional revolutionary by evocation! Mandela the Lawyer Nelson Mandela was born on 18 July 1918 at Mvezo, a tiny village on the banks of the Mbase River, in the district of Umtata, and spent most of his early years at Qunu His father’s family were members of the royal clan and councillors to the Thembu king. They traced their lineage to King Ngubengcuka (c1790-1830) who had united the Thembu kingdom, which was a loose agglomeration of chieftaincies. Nelson Mandela was aged nine when his father, Henry Gadla died. Shortly before his death his father had arranged for the young Mandela to live with the Thembu Paramount Chief- Jongintaba, the regent of the Paramount Kingdom. The Rondavel at The Great Place Mandela's guardian in Mqhekezweni where Mandela Jongintaba Dalindyebo, who lived as a child, in the raised him, following his care of Jongintaba father's death At the age of 16 he underwent the circumcision ceremony in the mountains that brought him into manhood. Soon thereafter he was taken in the regent’s car to Clarkebury College, which was founded by the Methodist Missionaries in 1825 when the Thembu King, Ngubengcuka, granted them land. Here Mandela showed promise as a student, completing his Junior Certificate in the reduced time of 2 years. His final year at boarding school was in 1938 at Healtdown, and in 1939, aged 21 he became an undergraduate at Fort Hare University, which had been founded by Eastern Cape Missionaries in 1916 and had some 150 students at the time. He enrolled for a BA degree, studying English, Anthropology Law and Native Administration, which would have rendered him employable within the Native Affairs Department in Pretoria. It was a realistic goal in those days and Mandela saw himself becoming qualified as an interpreter between Xhosa and English, perhaps working with a Magistrate. His closest friend at Fort Hare was Kaizer Matanzima who was Mandela’s cousin and a prime advocate for separate development. He had graduated from Fort Hare University with a BA degree in Roman law and started his legal articles in 1940 and in 1944 won the Cape Law Society prize for his results in the Attorney’s Admission exam, even though he was never to practice as a lawyer. In late 1940, a year after his arrival, Mandela became involved with a student dispute – he had been elected to the Students Council but because of a boycott refused to take up his position. For this he was effectively expelled much to the dismay of Jongintaba, who insisted that he would have to return to Fort Hare for the New Year. In addition Jongintaba was planning arranged marriages for Nelson and his brother Justin and so the two of them decided to run off - stealing two of Jongintaba’s cows, and selling them to the local trader. Eventually they received a lift with a local attorney by car to Johannesburg reaching Egoli on 16 April 1941. Nelson Mandela Mandela's first wife, Evelyn and his cousin, with their two sons KD Matanzima Thembi & Makgatho - late 1940's One of the first people Nelson and his brother Justin called on was Dr Xuma, the recently elected president of the ANC and a family friend. He referred them to a Mr Wellbeloved who sent them for jobs at Crown Mines. Justin was given a trainee position whilst Mandela had to work as a night watchman. He was given a round hat, a knopkierrie night stick and a whistle. Another telegram arrived from Jongintaba urging the induna to send the brothers home. Mandela had an old revolver in his suitcase which was searched by a guard as they were about to leave. For this he was charged, went to court and was given a small fine. Mandela went to stay with a cousin, Garlick Mbekene, and told his relative of his ambition to become a lawyer. Mbekene introduced him to Walter Sisulu who was also born in Thembuland, and was the leader of the local ANC branch, the leader of a choir, and a member of the Xhosa homeboy association. Sisulu was an estate agent, but not in the way it is understood today. Alexandra had been established as a native location in 1912 and was thereby excluded from the structures of the 1913 Land Act, which prevented Africans buying or selling properties in white areas. A German businessman provided the loans and the law firm Witkin, Sidelsky and Eidelman registered the bonds that indemnified the loans. Sisulu sourced the clients for a commission. Mandela told Sisulu that he wanted to study law, so Sisulu introduced him to attorney Lazar Sidelsky, who agreed to take him on as an articled clerk, (today referred to as candidate attorney) whilst he completed his degree by correspondence course. Dr. Alfred Xuma Walter Sisulu It was rare in those days for white law firms to grant articles to black persons – nationwide there were just 18 qualified lawyers in 1946 and at a time when only 2% of Johannesburg’s African population could claim professional status. Mandela signed up for a course with UNISA, which was financed by Sisulu and began working with Witkin’s. In 1960 there were 60 black lawyers in South Africa of which at least a third were based in the Transkei at the time. The administrative centres in the Native Reserves offered at least as many opportunities as Johannesburg where apartheid’s urban restrictions made for a precarious existence. Prosperous Africans, clustered in the professions around the Bunga, owned property in Umtata and offered lucrative opportunities for a new generation of African lawyers who took on their business. The other centres of the African legal practice were Johannesburg and Durban. By the middle of 1942 Mandela was staying for free in the mining compounds and then lived for a few months at the home of Walter Sisulu at 7372 Orlando West. It is there that he met Evelyn Mase, the couple getting married on 5 October 1944, after a ‘whirlwind courtship’. Mandela was twenty-six old and Evelyn twenty-three and there was no money for lobola or a feast for the wedding guests. Thembekile was born on 23 February 1946. Evelyn received 18 pounds per month from her nursing job and the couple moved to 8115 Orlando West at a monthly rent of 17d 6din around early 1947. The Mandelas had a second child, a daughter called Makiwaze. She was ill from birth and never recovered, dying after 9 months, in 1948. A second son, Makgatho was born in August 1950, and 1954 saw the birth of a daughter Makaziwe, named in tribute to the daughter who had died in infancy five years earlier. Life as an articled clerk was tough and money was in short supply. His starting salary was 2 pounds per month rising to 8 pounds per month by December 1946. He owned one hand-me-down suit which was given to him by Mr. Sidelsky and which required constant patching to stay in one piece. Sometimes he would walk the five miles to work to save on bus money and have more money for food. In the forties, the way to practice as an attorney was to complete 5 years of articles and successfully complete the Attorney Admission Examination and this is how Mandela qualified as an attorney. Old friends - with fellow Old foes - articled clerk Nat Bregman & his with Rivonia prosecutor former ‘Principal’ Lazar Sidelsky Percy Yutar Also working for Sidelsky was fellow articled clerk Nat Bregman, a Marxist and also a stand-up comedian who sometimes did turns on the radio and later ran his own law practice. Mandela described him as his first white friend, went to meetings with him and shared his sandwiches during their lunch break. He studied diligently at night and in 1943 returned to Fort Hare University for his Bachelor of Arts degree graduation. In 1943 Mandela had also enrolled at Wits to begin his Bachelor of Laws course – the LLB, in the hope of becoming an advocate. It was a part-time course and he was then the only black student in the law faculty and there had never been a black barrister in Johannesburg. Duma Nokwe was the first black advocate to be called to the Bar in 1956. It was through the university that he met Joe Slovo, Ruth First, Bram Fischer, George Bizos, J.N. Singh and Ismail Meer, among many others. In December 1946 Mandela applied to the Bantu Welfare Trust for a loan of 250 pounds, which he said he required to study full-time for his final year’s LLB. This loan was granted. Mandela, by his own account was a very poor student – he had been studying for the LLB for six years and had failed the final three times.