The Long Walk to Freedom
Page 25
My devotion to the ANC and the struggle was unremitting. This disturbed Evelyn. She had always assumed that politics was a youthful diversion, that I would someday return to the Transkei and practice there as a lawyer. Even as that possibility became remote, she never resigned herself to the fact that Johannesburg would be our home, or let go of the idea that we might move back to Umtata. She believed that once I was back in the Transkei, in the bosom of my family, acting as counselor to Sabata, I would no longer miss politics. She encouraged Daliwonga’s efforts to persuade me to come back to Umtata. We had many arguments about this, and I patiently explained to her that politics was not a distraction but my lifework, that it was an essential and fundamental part of my being. She could not accept this. A man and a woman who hold such different views of their respective roles in life cannot remain close.
I tried to persuade her of the necessity of the struggle, while she attempted to persuade me of the value of religious faith. When I would tell her that I was serving the nation, she would reply that serving God was above serving the nation. We were finding no common ground, and I was becoming convinced that the marriage was no longer tenable.
We also waged a battle for the minds and hearts of the children. She wanted them to be religious, and I thought they should be political. She would take them to church at every opportunity and read them Watch Tower literature. She even gave the boys Watchtower pamphlets to distribute in the township. I used to talk politics to the boys. Thembi was a member of the Pioneers, the juvenile section of the ANC, so he was already politically cognizant. I would explain to Makgatho in the simplest terms how the black man was persecuted by the white man.
Hanging on the walls of the house, I had pictures of Roosevelt, Churchill, Stalin, Gandhi, and the storming of the Winter Palace in St. Petersburg in 1917. I explained to the boys who each of the men was, and what he stood for. They knew that the white leaders of South Africa stood for something very different. One day, Makgatho came running into the house, and said, “Daddy, Daddy, there is Malan on the hill!” Malan had been the first Nationalist prime minister and the boy had confused him with a Bantu Education official, Willie Maree, who had announced that he would that day address a public meeting in the township. I went outside to see what Makgatho was talking about, for the ANC had organized a demonstration to ensure that the meeting did not succeed. As I went out, I saw a couple of police vans escorting Maree to the place he was meant to speak, but there was trouble from the start and Maree had fled without delivering his speech. I told Makgatho that it was not Malan but might as well have been.
My schedule in those days was relentless. I would leave the house very early in the morning and return late at night. After a day at the office, I would usually have meetings of one kind or another. Evelyn could not understand my meetings in the evening, and when I returned home late suspected I was seeing other women. Time after time, I would explain what meeting I was at, why I was there, and what was discussed. But she was not convinced. In 1955, she gave me an ultimatum: I had to choose between her and the ANC.
Walter and Albertina were very close to Evelyn, and their fondest wish was for us to stay together. Evelyn confided in Albertina. At one point, Walter intervened in the matter and I was very short with him, telling him it was none of his business. I regretted the tone I took, became Walter had always been a brother to me and his friendship and support had never faltered.
One day, Walter told me he wanted to bring someone over to the office for me to meet. He did not tell me that it was my brother-in-law, and I was surprised but not displeased to see him. I was pessimistic about the marriage and I thought it only fair to inform him of my feelings.
We were discussing this issue cordially among the three of us, when either Walter or I used a phrase like “Men such as ourselves,” or something of that ilk. Evelyn’s brother-in-law was a businessman, opposed to politics and politicians. He became very huffy and said, “If you chaps think you are in the same position as myself, that is ridiculous. Do not compare yourselves to me.” When he left, Walter and I looked at each other and started laughing.
After we were arrested in December and kept in prison for two weeks, I had one visit from Evelyn. But when I came out of prison, I found that she had moved out and taken the children. I returned to an empty, silent house. She had even removed the curtains, and for some reason I found this small detail shattering. Evelyn had moved in with her brother, who told me, “Perhaps it is for the best; maybe when things will have cooled down you will come back together.” It was reasonable advice, but it was not to be.
Evelyn and I had irreconcilable differences. I could not give up my life in the struggle, and she could not live with my devotion to something other than herself and the family. She was a very good woman, charming, strong, and faithful, and a fine mother. I never lost my respect and admiration for her, but in the end, we could not make our marriage work.
The breakup of any marriage is traumatic, especially for the children. Our family was no exception, and all of the children were wounded by our separation. Makgatho took to sleeping in my bed. He was a gentle child, a natural peacemaker and he tried to bring about some sort of reconciliation between me and his mother. Makaziwe was still very small, and I remember one day, when I was not in prison or in court, I visited her crèche (nursery school) unannounced. She had always been a very affectionate child, but that day, when she saw me, she froze. She did not know whether to run to me or retreat, to smile or frown. She had some conflict in her small heart, which she did not know how to resolve. It was very painful.
Thembi, who was ten at the time, was the most deeply affected. He stopped studying and became withdrawn. He had once been keen on English and Shakespeare, but after the separation he seemed to become apathetic about learning. The principal of his school spoke to me on one occasion, but there was little that I was able to do. I would take him to the gym whenever I could, and occasionally he would brighten a bit. There were many times when I could not be there and later, when I was underground, Walter would take Thembi with him along with his own son. One time, Walter took him to an event, and afterward Walter said to me, “Man, that chap is quiet.” Following the breakup, Thembi would frequently wear my clothes, even though they were far too large for him; they gave him some kind of attachment to his too-often-distant father.
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ON JANUARY 9, 1957, we once again assembled in the Drill Hall. It was the defense’s turn to refute the state’s charges. After summarizing the Crown’s case against us, Vernon Berrangé, our lead counsel, announced our argument. “The defense,” he said, “will strenuously repudiate that the terms of the Freedom Charter are treasonable or criminal. On the contrary, the defense will contend that the ideas and beliefs which are expressed in this charter, although repugnant to the policy of the present government, are such as are shared by the overwhelming majority of mankind of all races and colors, and also by the overwhelming majority of the citizens of this country.” In consultation with our attorneys, we had decided that we were not merely going to prove that we were innocent of treason, but that this was a political trial in which the government was persecuting us for taking actions that were morally justified.
But the drama of the opening arguments was succeeded by the tedium of court logistics. The first month of the trial was taken up by the state’s submission of evidence. One by one, every paper, pamphlet, document, book, notebook, letter, magazine, and clipping that the police had accumulated in the last three years of searches was produced and numbered; twelve thousand in all. The submissions ranged from the United Nations Declaration of Human Rights to a Russian cookbook. They even submitted the two signs from the Congress of the People: “SOUP WITH MEAT” and “SOUP WITHOUT MEAT.”
During the preparatory examination, which was to last for months, we listened day after day as African and Afrikaner detectives read out their notes of ANC meetings, or transcripts of speeches. These recountings were always garbled, and often eit
her nonsensical or downright false. Berrangé later revealed in his deft cross-examination that many of the African detectives were unable to understand or write English, the language in which the speeches were given.
To support the state’s extraordinary allegation that we intended to replace the existing government with a Soviet-style state, the Crown relied on the evidence of Professor Andrew Murray, head of the Department of Political Science at the University of Cape Town. Murray labeled many of the documents seized from us, including the Freedom Charter itself, as communistic.
Professor Murray seemed, at the outset, relatively knowledgeable, but that was until Berrangé began his cross-examination. Berrangé said that he wanted to read Murray a number of passages from various documents and then have Murray label them communistic or not. Berrangé read him the first passage, which concerned the need for ordinary workers to cooperate with each other and not exploit one another. Communistic, Murray said. Berrangé then noted that the statement had been made by the former premier of South Africa, Dr. Malan. Berrangé proceeded to read him two other statements, both of which Professor Murray described as communistic. These passages had in fact been uttered by the American presidents Abraham Lincoln and Woodrow Wilson. The highlight came when Berrangé read Murray a passage that the professor unhesitatingly described as “communism straight from the shoulder.” Berrangé then revealed that it was a statement that Professor Murray himself had written in the 1930s.
In the seventh month of the trial, the state said it would produce evidence of planned violence that occurred during the Defiance Campaign. The state called the first of their star witnesses, Solomon Ngubase, who offered sensational evidence that seemed to implicate the ANC. Ngubase was a soft-spoken fellow in his late thirties, with a shaky command of English, who was currently serving a sentence for fraud. In his opening testimony, Ngubase told the court he had obtained a bachelor of arts degree from Fort Hare, and that he was a practicing attorney. He said he became secretary of the Port Elizabeth branch of the ANC as well as a member of the National Executive Committee. He claimed to have been present at a meeting of the National Executive when a decision was made to send Walter Sisulu and David Bopape to the Soviet Union to procure arms for a violent revolution in South Africa. He said he was present at a meeting that planned the 1952 Port Elizabeth riot and that he had witnessed an ANC decision to murder all whites in the Transkei in the same manner as the Mau Mau in Kenya. Ngubase’s dramatic testimony caused a stir in and out of court. Here at long last was evidence of a conspiracy.
But when Ngubase was cross-examined by Vernon Berrangé, it was revealed that he was equal parts madman and liar. Berrangé, whose cross-examination skills earned him the nickname Isangoma (a diviner or healer who exorcises an illness) among the accused, quickly established that Ngubase was neither a university graduate nor a member of the ANC, much less a member of the National Executive Committee. Berrangé showed that Ngubase had forged certificates for a university degree, had practiced law illegally for several years, and had a further case of fraud pending against him. At the time of the meeting he claimed to have attended to plan the Port Elizabeth riot, he was serving a sentence for fraud in a Durban jail. Almost none of Ngubase’s testimony bore even a remote resemblance to the truth. At the end of his cross-examination, Berrangé asked the witness, “Do you know what a rogue is?” Ngubase said he did not. “You, sir, are a rogue!” Berrangé exclaimed.
Joe Slovo, one of the accused and a superb advocate, conducted his own defense. He was an irritant to the state because of his sharp questions and attempts to show that the state was the violator of laws, not the Congress. Slovo’s cross-examination was often as devastating as Berrangè’s. Detective Jeremiah Mollson, one of the few African members of the Special Branch, claimed to recall lines verbatim from ANC speeches that he attended. But what he reported was usually gibberish or outright fabrication.
Slovo: “Do you understand English?”
Mollson: “Not so well.”
Slovo: “Do you mean to say that you reported these speeches in English but you don’t understand English well?”
Mollson: “Yes, Your Worship.”
Slovo: “Do you agree that your notes are a lot of rubbish?”
Mollson: “I don’t know.”
This last response caused an outbreak of laughter from the defendants. The magistrate scolded us for laughing, and said, “The proceedings are not as funny as they may seem.”
At one point, Wessel told Slovo that he was impugning the integrity of the court and fined him for contempt. This provoked the fury of most of the accused, and it was only Chief Luthuli’s restraining hand that kept a number of the defendants from being cited for contempt as well.
As the testimony continued, much of it tedious legal maneuvering, we began to occupy ourselves with other matters. I often brought a book to read or a legal brief to work on. Others read newspapers, did crossword puzzles, or played chess or Scrabble. Occasionally, the bench would reprimand us for not paying attention, and the books and puzzles would disappear. But, slowly, as the testimony resumed its snail’s pace, the games and reading material reemerged.
As the preparatory examination continued, the state became increasingly desperate. It became more and more apparent that the state was gathering — often fabricating — evidence as it went along, to help in what seemed to be a lost cause.
Finally, on September 11, ten months after we had first assembled in the Drill Hall, the prosecutor announced that the state’s case in the preparatory examination was completed. The magistrate gave the defense four months to sift through the eight thousand pages of typed evidence and twelve thousand documents to prepare its case.
The preparatory examination had lasted for the whole of 1957. Court adjourned in September, and the defense began reviewing the evidence. Three months later, without warning and without explanation, the Crown announced that charges against sixty-one of the accused were to be dropped. Most of these defendants were relatively minor figures in the ANC, but also among them were Chief Luthuli and Oliver Tambo. The Crown’s release of Luthuli and Tambo pleased but bewildered us.
In January, when the government was scheduled to sum up its charges, the Crown brought in a new prosecutor, the formidable Oswald Pirow, Q.C. Pirow was a former minister of justice and of defense and a pillar of National Party politics. He was a longtime Afrikaner nationalist, and an outspoken supporter of the Nazi cause; he once described Hitler as the “greatest man of his age.” He was a virulent anti-Communist. The appointment of Pirow was new evidence that the state was worried about the outcome and attached tremendous importance to a victory.
Before Pirow’s summing-up, Berrangé announced he would apply for our discharge on the grounds that the state had not offered sufficient evidence against us. Pirow opposed this application for dismissal, and quoted from several inflammatory speeches by the accused, informing the court that the police had unearthed more evidence of a highly dangerous conspiracy. The country, he said portentously, was sitting on top of a volcano. It was an effective and highly dramatic performance. Pirow changed the atmosphere of the trial. We had become overconfident, and were reminded that we were facing a serious charge. Don’t fool yourselves, counsel told us, you people might go to jail. Their warnings sobered us.
After thirteen months of the preparatory examination, the magistrate ruled that he had found “sufficient reason” for putting us on trial in the Transvaal Supreme Court for high treason. Court adjourned in January with the ninety-five remaining defendants committed to stand trial. When the actual trial would begin, we did not know.
26
ONE AFTERNOON, during a recess in the preparatory examination, I drove a friend of mine from Orlando to the medical school at the University of the Witwatersrand and went past Baragwanath Hospital, the premier black hospital in Johannesburg. As I passed a nearby bus stop, I noticed out of the corner of my eye a lovely young woman waiting for the bus. I was struck by her beauty,
and I turned my head to get a better look at her, but my car had gone by too fast. This woman’s face stayed with me — I even considered turning around to drive by her in the other direction — but I went on.
Some weeks thereafter, a curious coincidence occurred. I was at the office, and when I popped in to see Oliver, there was this same young woman with her brother, sitting in front of Oliver’s desk. I was taken aback, and did my best not to show my surprise — or my delight — at this striking coincidence. Oliver introduced me to them and explained that they were visiting him on a legal matter.
Her name was Nomzamo Winifred Madikizela, but she was known as Winnie. She had recently completed her studies at the Jan Hofmeyr School of Social Work in Johannesburg and was working as the first black female social worker at Baragwanath Hospital. At the time I paid little attention to her background or legal problem, for something in me was deeply stirred by her presence. I was thinking more of how I could ask her out than how our firm would handle her case. I cannot say for certain if there is such a thing as love at first sight, but I do know that the moment I first glimpsed Winnie Nomzamo, I knew that I wanted to have her as my wife.
Winnie was the sixth of eleven children of C. K. Madikizela, a school principal turned businessman. Her given name was Nomzamo, which means one who strives or undergoes trials, a name as prophetic as my own. She came from Bizana in Pondoland, an area adjacent to the part of the Transkei where I grew up. She is from the Phondo clan of amaNgutyana, and her great-grandfather was Madikizela, a powerful chief from nineteenth-century Natal who settled in the Transkei at the time of the iMfecane.