The Long Walk to Freedom
Page 39
The magistrate was taken by surprise by my action and asked me with some incredulity, “Have you anything more to say?”
“Your Worship, I submit that I am guilty of no crime.”
“Is that all you have to say?”
“Your Worship, with respect, if I had something more to say I would have said it.”
The prosecutor then shuffled through his papers attempting to get ready for an address he did not expect to have to make. He briefly addressed the court and asked the magistrate to find me guilty on both counts. The court was then adjourned until the following day, when I would have a chance to address the court in what is known as the plea in mitigation before the magistrate gave his sentence.
The following morning, before court was called into session, I was in an office off the courtroom talking with Bob Hepple, who had been advising me on the case, and we were praising the fact that the day before, the General Assembly of the U.N. had voted in favor of sanctions against South Africa for the first time. Bob also told me that acts of sabotage in Port Elizabeth and Durban had occurred, both celebrating the U.N. vote and protesting my trial. We were in the midst of this discussion when the prosecutor, Mr. Bosch, entered the room and then asked Bob to excuse himself.
“Mandela,” he said, after Bob had left, “I did not want to come to court today. For the first time in my career, I despise what I am doing. It hurts me that I should be asking the court to send you to prison.” He then reached out and shook my hand, and expressed the hope that everything would turn out well for me. I thanked him for his sentiments, and assured him that I would never forget what he had said.
The authorities were on alert that day. The crowd inside the courtroom seemed even larger than on the first day of the case. All one hundred fifty “non-European” seats were filled. Winnie was present, in Xhosa dress, as well as a number of my relatives from the Transkei. Hundreds of demonstrators stood a block from the courthouse, and there seemed to be as many policemen as spectators.
When I walked in the courtroom, I raised my right fist and called out “Amandla!” which was met by a mighty “Ngawethu!” The magistrate pounded his gavel and cried for order. When the court was quiet, he summed up the charges, after which I had my opportunity to speak. My plea in mitigation lasted over an hour. It was not a judicial appeal at all but a political testament. I wanted to explain to the court how and why I had become the man I was, why I had done what I had done, and why, if given the chance, I would do it again.
Many years ago, when I was a boy brought up in my village in the Transkei, I listened to the elders of the tribe telling stories about the good old days before the arrival of the white man. Then our people lived peacefully, under the democratic rule of their kings and their amapakati [literally “insiders,” but meaning those closest in rank to the king], and moved freely and confidently up and down the country without let or hindrance. The country was our own, in name and right. We occupied the land, the forests, the rivers; we extracted the mineral wealth beneath the soil and all the riches of this beautiful country. We set up and operated our own government, we controlled our own arms and we organized our trade and commerce. The elders would tell tales of the wars fought by our ancestors in defense of the Fatherland, as well as the acts of valor by generals and soldiers during these epic days. . . .
The structure and organization of early African societies in this country fascinated me very much and greatly influenced the evolution of my political outlook. The land, then the main means of production, belonged to the whole tribe and there was no individual ownership whatsoever. There were no classes, no rich or poor and no exploitation of man by man. All men were free and equal and this was the foundation of government. Recognition of this general principle found expression in the constitution of the council, variously called “Imbizo” or “Pitso” or “Kgotla,” which governs the affairs of the tribe. The council was so completely democratic that all members of the tribe could participate in its deliberations. Chief and subject, warrior and medicine man, all took part and endeavored to influence its decisions. It was so weighty and influential a body that no step of any importance could ever be taken by the tribe without reference to it.
There was much in such a society that was primitive and insecure and it certainly could never measure up to the demands of the present epoch. But in such a society are contained the seeds of revolutionary democracy in which none will be held in slavery or servitude, and in which poverty, want and insecurity shall be no more. This is the history which, even today, inspires me and my colleagues in our political struggle.
I told the court how I had joined the African National Congress and how its policy of democracy and nonracialism reflected my own deepest convictions. I explained how as a lawyer I was often forced to choose between compliance with the law and accommodating my conscience.
I would say that the whole life of any thinking African in this country drives him continuously to a conflict between his conscience on the one hand and the law on the other. This is not a conflict peculiar to this country. The conflict arises for men of conscience, for men who think and who feel deeply in every country. Recently in Britain, a peer of the realm, Earl [Bertrand] Russell, probably the most respected philosopher of the Western world, was sentenced and convicted for precisely the type of activities for which I stand before you today — for following his conscience in defiance of the law, as a protest against the nuclear weapons policy being pursued by his own government. He could do no other than to oppose the law and to suffer the consequences for it. Nor can I. Nor can many Africans in this country. The law as it is applied, the law as it has been developed over a long period of history, and especially the law as it is written and designed by the Nationalist government is a law which, in our views, is immoral, unjust, and intolerable. Our consciences dictate that we must protest against it, that we must oppose it and that we must attempt to alter it. . . . Men, I think, are not capable of doing nothing, of saying nothing, of not reacting to injustice, of not protesting against oppression, of not striving for the good society and the good life in the ways they see it.
I recounted in detail the numerous times the government had used the law to hamper my life, career, and political work, through bannings, restrictions, and trials.
I was made, by the law, a criminal, not because of what I had done, but because of what I stood for, because of what I thought, because of my conscience. Can it be any wonder to anybody that such conditions make a man an outlaw of society? Can it be wondered that such a man, having been outlawed by the government, should be prepared to lead the life of an outlaw, as I have led for some months, according to the evidence before this court?
It has not been easy for me during the past period to separate myself from my wife and children, to say good-bye to the good old days when, at the end of a strenuous day at an office I could look forward to joining my family at the dinnertable, and instead to take up the life of a man hunted continuously by the police, living separated from those who are closest to me, in my own country, facing continually the hazards of detection and of arrest. This has been a life infinitely more difficult than serving a prison sentence. No man in his right senses would voluntarily choose such a life in preference to the one of normal, family, social life which exists in every civilized community.
But there comes a time, as it came in my life, when a man is denied the right to live a normal life, when he can only live the life of an outlaw because the government has so decreed to use the law to impose a state of outlawry upon him. I was driven to this situation, and I do not regret having taken the decisions that I did take. Other people will be driven in the same way in this country, by this very same force of police persecution and of administrative action by the government, to follow my course, of that I am certain.
I enumerated the many times that we had brought our grievances before the government and the equal number of times that we were ignored or shunted aside. I described our stay-away of 1961 as
a last resort after the government showed no signs of taking any steps to either talk with us or meet our demands. It was the government that provoked violence by employing violence to meet our nonviolent demands. I explained that because of the government’s actions we had taken a more militant stance. I said that I had been privileged throughout my political life to fight alongside colleagues whose abilities and contributions were far greater than my own. Many others had paid the price of their beliefs before me, and many more would do so after me.
Before sentencing, I informed the court that whatever sentence the state imposed, it would do nothing to change my devotion to the struggle.
I do not believe, Your Worship, that this court, in inflicting penalties on me for the crimes for which I am convicted should be moved by the belief that penalties will deter men from the course that they believe is right. History shows that penalties do not deter men when their conscience is aroused, nor will they deter my people or the colleagues with whom I have worked before.
I am prepared to pay the penalty even though I know how bitter and desperate is the situation of an African in the prisons of this country. I have been in these prisons and I know how gross is the discrimination, even behind the prison wall, against Africans. . . . Nevertheless these considerations do not sway me from the path that I have taken nor will they sway others like me. For to men, freedom in their own land is the pinnacle of their ambitions, from which nothing can turn men of conviction aside. More powerful than my fear of the dreadful conditions to which I might be subjected in prison is my hatred for the dreadful conditions to which my people are subjected outside prison throughout this country. . . .
Whatever sentence Your Worship sees fit to impose upon me for the crime for which I have been convicted before this court, may it rest assured that when my sentence has been completed I will still be moved, as men are always moved, by their conscience; I will still be moved by my dislike of the race discrimination against my people when I come out from serving my sentence, to take up again, as best I can, the struggle for the removal of those injustices until they are finally abolished once and for all. . . .
I have done my duty to my people and to South Africa. I have no doubt that posterity will pronounce that I was innocent and that the criminals that should have been brought before this court are the members of the government.
When I had finished, the magistrate ordered a ten-minute recess to consider the sentence. I turned and looked out at the crowd before exiting the courtroom. I had no illusions about the sentence I would receive. Exactly ten minutes later, in a courtroom heavy with tension, the magistrate pronounced sentence: three years for inciting people to strike and two years for leaving the country without a passport; five years in all, with no possibility of parole. It was a stern sentence and there was wailing among the spectators. As the court rose, I turned to the gallery and again made a clenched fist, shouting “Amandla!” three times. Then, on its own, the crowd began to sing our beautiful anthem, “Nkosi Sikelel’ iAfrika.” People sang and danced and the women ululated as I was led away. The uproar among the gallery made me forget for a moment that I would be going to prison to serve what was then the stiffest sentence yet imposed in South Africa for a political offense.
Downstairs, I was permitted a brief good-bye to Winnie, and on this occasion she was not at all grim: she was in high spirits and shed no tears. She seemed confident, as much a comrade as a wife. She was determined to brace me. As I was driven away in the police van I could still hear the people outside singing “Nkosi Sikelel’ iAfrika.”
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PRISON NOT ONLY robs you of your freedom, it attempts to take away your identity. Everyone wears the same uniform, eats the same food, follows the same schedule. It is by definition a purely authoritarian state that tolerates no independence or individuality. As a freedom fighter and as a man, one must fight against the prison’s attempt to rob one of these qualities.
From the courthouse, I was taken directly to Pretoria Local, the gloomy red-brick monstrosity that I knew so well. But I was now a convicted prisoner, not an awaiting-trial prisoner, and was treated without even that little deference that is afforded to the latter. I was stripped of my clothes and Colonel Jacobs was finally able to confiscate my kaross. I was issued the standard prison uniform for Africans: a pair of short trousers, a rough khaki shirt, a canvas jacket, socks, sandals, and a cloth cap. Only Africans are given short trousers, for only African men are deemed “boys” by the authorities.
I informed the authorities that I would under no circumstances wear shorts and told them I was prepared to go to court to protest. Later, when I was brought dinner, stiff cold porridge with a half teaspoonful of sugar, I refused to eat it. Colonel Jacobs pondered this and came up with a solution: I could wear long trousers and have my own food, if I agreed to be put in isolation. “We were going to put you with the other politicals,” he said, “but now you will be alone, man. I hope you enjoy it.” I assured him that solitary confinement would be fine as long as I could wear and eat what I chose.
For the next few weeks, I was completely and utterly isolated. I did not see the face or hear the voice of another prisoner. I was locked up for twenty-three hours a day, with thirty minutes of exercise in the morning and again in the afternoon. I had never been in isolation before, and every hour seemed like a year. There was no natural light in my cell; a single bulb burned overhead twenty-four hours a day. I did not have a wristwatch and I often thought it was the middle of the night when it was only late afternoon. I had nothing to read, nothing to write on or with, no one to talk to. The mind begins to turn in on itself, and one desperately wants something outside of oneself on which to fix one’s attention. I have known men who took half-a-dozen lashes in preference to being locked up alone. After a time in solitary, I relished the company even of the insects in my cell, and found myself on the verge of initiating conversations with a cockroach.
I had one middle-aged African warder whom I occasionally was able to see, and one day I tried to bribe him with an apple to get him to talk to me. “Baba,” I said, which means Father, and is a term of respect, “can I give you an apple?” He turned away, and met all my subsequent overtures with silence. Finally, he said, “Man, you wanted long trousers and better food, and now you have them and you are still not happy.” He was right. Nothing is more dehumanizing than the absence of human companionship. After a few weeks, I was ready to swallow my pride and tell Colonel Jacobs that I would trade my long trousers for some company.
During those weeks I had plenty of time to ponder my fate. The place of a freedom fighter is beside his people, not behind bars. The knowledge and contacts I had recently made in Africa were going to be locked away rather than used in the struggle. I cursed the fact that my expertise would not be put to use in creating a freedom army.
I soon began to protest vigorously against my circumstances and demanded to be put with the other political prisoners at Pretoria Local. Among them was Robert Sobukwe. My request was ultimately granted, accompanied by a stern warning from Colonel Jacobs that serious consequences would result if I returned to my impudent ways. I don’t think I ever looked forward to eating cold mealie pap so much in my life.
Apart from my desire for company, I was keen to talk with Sobukwe and the others, most of whom were PAC, because I thought that in prison we might forge a unity that we could not on the outside. Prison conditions have a way of tempering polemics, and making individuals see more what unites them than what divides them.
When I was taken to the courtyard with the others, we greeted each other warmly. Besides Sobukwe, there was also John Gaetsewe, a leading member of the South African Congress of Trade Unions; Aaron Molete, an ANC member who worked for New Age; and Stephen Tefu, a prominent Communist, trade unionist, and PAC member. Robert asked me to give them an account of my African tour, which I did gladly. I was candid about how both the PAC and the ANC were perceived in the rest of Africa. At the end of my narrative I said ther
e were issues that I wanted us to examine. But after initially allowing Sobukwe and me a certain proximity, the authorities took pains to keep us apart. We lived in single cells along a corridor and he and I were given cells at opposite ends.
Occasionally, we did have a chance to talk as we sat next to each other on the ground of the prison courtyard sewing and patching up shabby old mailbags. I have always respected Sobukwe, and found him a balanced and reasonable man. But we differed markedly about the principal subject at hand: prison conditions. Sobukwe believed that to fight poor conditions would be to acknowledge the state’s right to have him in prison in the first place. I responded that it was always unacceptable to live in degrading conditions and that political prisoners throughout history had considered it part of their duty to fight to improve prison conditions. Sobukwe responded that prison conditions would not change until the country changed. I completely agreed with this, but I did not see why that ought to prevent us from fighting in the only realm in which we now could fight. We never resolved this issue, but we did make some progress when we submitted a joint letter to the commanding officer setting out our complaints about prison conditions.
Sobukwe never broke in prison. But in Pretoria he was a bit sensitive and testy, and I attribute this to Stephen Tefu. Tefu had become a kind of goad to Sobukwe, teasing, taunting, and challenging him. Even at the best of times, Tefu was a difficult fellow: dyspeptic, argumentative, overbearing. He was also articulate, knowledgeable, and an expert in Russian history. Above all, he was a fighter, but he would fight everyone, even his friends. Tefu and Sobukwe quarreled every day.