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The Long Walk to Freedom

Page 43

by Nelson Mandela


  We would dispute the state’s central contention that we had embarked on guerrilla warfare. We would admit that we had made contingency plans to undertake guerrilla warfare in the event sabotage failed. But we would claim it had not yet failed, for it had not been sufficiently attempted. We would deny the claims of murder and damage to innocent bystanders that the state alleged; either these claims were outright lies, or the incidents were the work of someone else. We had never contemplated the intervention of foreign military forces. In order to make these claims, we believed we would have to explain Operation Mayibuye to the court.

  In my own case, the court had sufficient evidence for a conviction. Documents in my handwriting showed that I had left the country illegally, had arranged for military training for our men, and had been behind the formation of Umkhonto we Sizwe. There was also a document in my handwriting called “How to be a good Communist,” which the state suggested was proof that I was a card-carrying Communist. In fact the document’s title was taken from the work of a Chinese theoretician named Liu Shao Chi, and was written by me to prove a point to Moses Kotane. We had been engaged in a running debate about the appeal of communism to ordinary South Africans. I had long argued that Communist literature was, for the most part, dull, esoteric, and Western-centered, but ought to be simple, clear, and relevant to the African masses. Moses insisted it could not be done. To prove my point, I had taken Liu’s essay and rewritten it for an African audience.

  I would be the first witness and therefore set the tone for the defense. In South African courts, evidence from the witness box can be given only in the form of an answer to a question. I did not want to be limited to that format. We decided that instead of giving testimony, I would read a statement from the dock, while the others would testify and go through cross-examination.

  Because a witness making a statement from the dock does not submit to cross-examination or questions from the bench, the statement does not have the same legal weight as ordinary testimony. Those who choose to make such a statement usually do so to avoid cross-examination. Our attorneys warned me that it would put me in a more precarious legal situation; anything I said in my statement regarding my own innocence would be discounted by the judge. But that was not our highest priority. We believed it was important to open the defense with a statement of our politics and ideals, which would establish the context for all that followed. I wanted very much to cross swords with Percy Yutar, but it was more important that I use the platform to highlight our grievances.

  All of this was agreed upon in consultation, mainly through notes because the consultation room was bugged. We even used the state’s eavesdropping to our advantage by supplying them with disinformation. We gave every indication that I was going to testify so that they would spend their time planning their cross-examination. In a staged conversation, I told our attorney Joel Joffe that I would need the Treason Trial record to prepare my testimony. We smiled at the notion of Yutar poring over the hundred or so volumes of Treason Trial transcripts.

  I spent about a fortnight drafting my address, working mainly in my cell in the evenings. When I was finished, I read it first to my comrades and fellow accused. They approved of it, suggesting a few changes, and then I asked Bram Fischer to look it over. Bram became concerned after reading it and had a respected advocate named Hal Hanson read it. Hanson told Bram, “If Mandela reads this in court they will take him straight out in back of the courthouse and string him up.” That confirmed Bram’s anxieties and he came to me the next day and urged me to modify the speech. I felt we were likely to hang no matter what we said, so we might as well say what we truly believed. The atmosphere at the time was extremely grim, with newspapers routinely speculating that we would receive the death sentence. Bram begged me not to read the final paragraph, but I was adamant.

  On Monday, the twentieth of April, under the tightest of security, we were taken to the Palace of Justice, this time to begin our defense. Winnie was there with my mother, and I nodded to them as we entered the court, which was again full.

  Bram announced that certain parts of the state’s evidence would be conceded by the accused, and there was a buzz in the court. But he went on to say that the defense would deny a number of the state’s assertions, including the contention that Umkhonto we Sizwe was the military wing of the ANC. He said that the leaders of MK and the ANC “endeavored to keep these two organizations entirely separate. They did not always succeed in this,” he said, “but . . . every effort was made to achieve that object.” He emphatically denied that the ANC took orders from the Communist Party. He said the defense would challenge the allegation that Goldberg, Kathrada, Bernstein, and Mhlaba were members of Umkhonto. He stated that the defense would show that Umkhonto had not in fact adopted Operation Mayibuye, and that MK had not embarked on preparations for guerrilla warfare.

  “That will be denied?” asked Justice de Wet incredulously.

  “That will be denied,” replied Bram. “The evidence will show that while preparations for guerrilla warfare were being made, no plan was ever adopted. It was hoped throughout that such a step could be avoided.”

  Then, in his soft voice, Bram said, “The defense case, My Lord, will commence with a statement from the dock by accused number one, who personally took part in the establishment of Umkhonto, and who will be able to inform the court of the beginnings of that organization.”

  At this, Yutar popped up from the table and cried, “My Lord! My Lord!” He was distressed that I would not be testifying for he had undoubtedly prepared for my cross-examination. “My Lord,” he said rather despondently, “a statement from the dock does not carry the same weight as evidence under oath.”

  “I think, Dr. Yutar,” Justice de Wet responded dryly, “that counsel for the defense have sufficient experience to advise their clients without your assistance.” Yutar sat down.

  “Neither we nor our clients are unaware of the provisions of the criminal code,” replied Bram. “I call on Nelson Mandela.”

  I rose and faced the courtroom and read slowly.

  I am the first accused.

  I hold a Bachelor’s degree in Arts, and practiced as an attorney in Johannesburg for a number of years in partnership with Mr. Oliver Tambo. I am a convicted prisoner, serving five years for leaving the country without a permit and for inciting people to go on strike at the end of May 1961.

  I admit immediately that I was one of the persons who helped to form Umkhonto we Sizwe and that I played a prominent role in its affairs until I was arrested in August 1962.

  At the outset, I want to say that the suggestion made by the state in its opening that the struggle in South Africa is under the influence of foreigners or Communists is wholly incorrect. I have done whatever I did, both as an individual and as a leader of my people, because of my experience in South Africa, and my own proudly felt African background, and not because of what any outsider might have said.

  In my youth in the Transkei, I listened to the elders of my tribe telling stories of the old days. Amongst the tales they related to me were those of wars fought by our ancestors in defense of the fatherland. The names of Dingane and Bambatha, Hintsa and Makanna, Squngthi and Dalasile, Moshoeshoe and Sekhukhuni, were praised as the pride and glory of the entire African nation. I hoped then that life might offer me the opportunity to serve my people and make my own humble contribution to their freedom struggle. This is what has motivated me in all that I have done in relation to the charges made against me in this case.

  Having said this, I must deal immediately and at some length with the question of violence. Some of the things so far told the court are true and some are untrue. I do not, however, deny that I planned sabotage. I did not plan it in a spirit of recklessness nor because I have any love of violence. I planned it as a result of a calm and sober assessment of the political situation that had arisen after many years of tyranny, exploitation, and oppression of my people by whites.

  I wanted to impress upon the court
that we had not acted irresponsibly or without thought to the ramifications of taking up violent action. I laid particular emphasis on our resolve to cause no harm to human life.

  We of the ANC have always stood for a nonracial democracy, and we shrank from any action which might drive the races further apart than they already were. But the hard facts were that fifty years of nonviolence had brought the African people nothing but more repressive legislation, and fewer and fewer rights. It may not be easy for this court to understand, but it is a fact that for a long time the people had been talking of violence — of the day when they would fight the white man and win back their country, and we, the leaders of the ANC, had nevertheless always prevailed upon them to avoid violence and to use peaceful methods. While some of us discussed this in May and June of 1961, it could not be denied that our policy to achieve a nonracial state by nonviolence had achieved nothing, and that our followers were beginning to lose confidence in this policy and were developing disturbing ideas of terrorism. . . .

  Umkhonto was formed in November 1961. When we took this decision, and subsequently formulated our plans, the ANC heritage of nonviolence and racial harmony was very much with us. We felt that the country was drifting towards a civil war in which blacks and whites would fight each other. We viewed the situation with alarm. Civil war would mean the destruction of what the ANC stood for; with civil war racial peace would be more difficult than ever to achieve. We already have examples in South African history of the results of war. It has taken more than fifty years for the scars of the South African [Anglo-Boer] War to disappear. How much longer would it take to eradicate the scars of interracial civil war, which could not be fought without a great loss of life on both sides?

  Sabotage, I said, offered the best hope for future race relations. The reaction of the white rulers to our first efforts was swift and brutal: sabotage was declared to be a crime punishable by death. We did not want civil war, I said, but we needed to be prepared for it.

  Experience convinced us that rebellion would offer the government limitless opportunities for the indiscriminate slaughter of our people. But it was precisely because the soil of South Africa is already drenched with the blood of innocent Africans that we felt it our duty to make preparations as a long-term undertaking to use force in order to defend ourselves against force. If war were inevitable, we wanted the fight to be conducted on terms most favorable to our people. The fight which held out prospects best for us and the least risk of life to both sides was guerrilla warfare. We decided, therefore, in our preparations for the future, to make provision for the possibility of guerrilla warfare.

  All whites undergo compulsory military training, but no such training was given to Africans. It was in our view essential to build up a nucleus of trained men who would be able to provide the leadership which would be required if guerrilla warfare started. We had to prepare for such a situation before it became too late to make proper preparations.

  I explained that at this stage in our discussions I left the country to attend the PAFMECSA conference and undergo military training. I said that I underwent training because if there was to be a guerrilla war, I wanted to be able to stand and fight beside my own people. Even so, I believed that the possibilities of sabotage were far from exhausted and should be pursued with vigor.

  I told the court of the dividing line between the ANC and MK, and how we made good-faith attempts to keep the two separate. This was our policy, but in practice, it was not so simple. Because of bannings and imprisonment, people often had to work in both organizations. Though this might have sometimes blurred the distinction, it did not abolish it. I disputed the allegations of the state that the aims and objects of the ANC and the Communist Party were one and the same.

  The ideological creed of the ANC is, and always has been, the creed of African Nationalism. It is not the concept of African Nationalism expressed in the cry, “Drive the white man into the sea.” The African Nationalism for which the ANC stands is the concept of freedom and fulfillment for the African people in their own land. The most important political document ever adopted by the ANC is the Freedom Charter. It is by no means a blueprint for a socialist state. . . . The ANC has never at any period of its history advocated a revolutionary change in the economic structure of the country, nor has it, to the best of my recollection, ever condemned capitalist society. . . .

  The ANC, unlike the Communist Party, admitted Africans only as members. Its chief goal was, and is, for the African people to win unity and full political rights. The Communist Party’s main aim, on the other hand, was to remove the capitalists and to replace them with a working-class government. The Communist Party sought to emphasize class distinctions whilst the ANC seeks to harmonize them.

  It is true that there has often been close cooperation between the ANC and the Communist Party. But cooperation is merely proof of a common goal — in this case the removal of white supremacy — and is not proof of a complete community of interests. The history of the world is full of similar examples. Perhaps the most striking illustration is to be found in the cooperation between Great Britain, the United States of America and the Soviet Union in the fight against Hitler. Nobody but Hitler would have dared to suggest that such cooperation turned Churchill or Roosevelt into Communists or Communist tools, or that Britain and America were working to bring about a Communist world. . . .

  It is perhaps difficult for white South Africans, with an ingrained prejudice against communism, to understand why experienced African politicians so readily accepted Communists as their friends. But to us the reason is obvious. Theoretical differences amongst those fighting against oppression is a luxury we cannot afford at this stage. What is more, for many decades Communists were the only political group in South Africa who were prepared to treat Africans as human beings and their equals; who were prepared to eat with us; talk with us, live with and work with us. Because of this, there are many Africans who, today, tend to equate freedom with communism.

  I told the court that I was not a Communist and had always regarded myself as an African patriot. I did not deny that I was attracted by the idea of a classless society, or that I had been influenced by Marxist thought. This was true of many leaders of the newly independent states of Africa, who accepted the need for some form of socialism to enable their people to catch up with the advanced countries of the West.

  From my reading of Marxist literature and from conversations with Marxists, I have gained the impression that Communists regard the parliamentary system of the West as undemocratic and reactionary. But, on the contrary, I am an admirer of such a system.

  The Magna Carta, the Petition of Rights and the Bill of Rights, are documents which are held in veneration by democrats throughout the world. I have great respect for British political institutions, and for the country’s system of justice. I regard the British Parliament as the most democratic institution in the world, and the independence and impartiality of its judiciary never fail to arouse my admiration. The American Congress, the country’s doctrine of separation of powers, as well as the independence of its judiciary, arouse in me similar sentiments.

  I detailed the terrible disparities between black and white life in South Africa. In education, health, income, every aspect of life, blacks were barely at a subsistence level while whites had the highest standards in the world — and aimed to keep it that way. Whites, I said, often claim that Africans in South Africa were better off than Africans in the rest of the continent. Our complaint, I said, was not that we were poor by comparison with the people in the rest of Africa, but that we were poor by comparison with the whites in our country, and that we were prevented by legislation from righting that imbalance.

  The lack of human dignity experienced by Africans is the direct result of the policy of white supremacy. White supremacy implies black inferiority. Legislation designed to preserve white supremacy entrenches this notion. Menial tasks in South Africa are invariably performed by Africans. When anything has
to be carried or cleaned the white man looks around for an African to do it for him, whether the African is employed by him or not. . . .

  Poverty and the breakdown of family life have secondary effects. Children wander about the streets of the townships because they have no schools to go to, or no money to enable them to go to school, or no parents at home to see that they go to school, because both parents (if there be two) have to work to keep the family alive. This leads to a breakdown in moral standards, to an alarming rise in illegitimacy and to growing violence which erupts, not only politically, but everywhere. . . .

  Africans want a just share in the whole of South Africa; they want security and a stake in society. Above all, we want equal political rights, because without them our disabilities will be permanent. I know this sounds revolutionary to the whites in this country, because the majority of voters will be Africans. This makes the white man fear democracy. . . .

 

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