38
THE CROWN took over a month to do its summing up, which was often interrupted by interjections from the bench pointing out lapses in the argument. In March, it was our turn. Issy Maisels categorically refuted the charges of violence. “We admit that there is a question of noncooperation and passive resistance,” he said. “We shall say quite frankly that if noncooperation and passive resistance constitute high treason, then we are guilty. But these are plainly not encompassed in the law of treason.”
Maisels’s argument was continued by Bram Fischer, but on March 23, the bench cut short Bram’s concluding argument. We still had weeks of argument ahead, but the judges asked for a week’s adjournment. This was irregular, but we regarded it as a hopeful sign, for it suggested the judges had already formed their opinion. We were to return to court six days later for what we presumed would be the verdict. In the meantime, I had work to do.
My bans were due to expire two days after the adjournment. I was almost certain that the police would not be aware of this, as they rarely kept track of when bans ended. It would be the first time in nearly five years that I would be free to leave Johannesburg, free to attend a meeting. That weekend was the long-planned All-in Conference in Pietermaritzburg. Its aim was to agitate for a national constitutional convention for all South Africans. I was secretly scheduled to be the main speaker at the conference. I would make the three-hundred-mile drive down to Pietermaritzburg the night before I was scheduled to speak.
The day before I was to leave, the National Working Committee met secretly to discuss strategy. After many meetings in prison and outside, we had decided that we would work from underground, adopting a strategy along the lines of the M-Plan. The organization would survive clandestinely. It was decided that if we were not convicted I would go underground to travel about the country organizing the proposed national convention. Only someone operating full-time from underground would be free from the paralyzing restrictions imposed by the enemy. It was decided that I would surface at certain events, hoping for a maximum of publicity, to show that the ANC was still fighting. It was not a proposal that came as a surprise to me, not was it one I particularly relished, but it was something I knew I had to do. This would be a hazardous life, and I would be apart from my family, but when a man is denied the right to live the life he believes in, he has no choice but to become an outlaw.
When I returned home from the meeting it was as if Winnie could read my thoughts. Seeing my face, she knew that I was about to embark on a life that neither of us wanted. I explained what had transpired and that I would be leaving the next day. She took this stoically, as if she had expected it all along. She understood what I had to do, but that did not make it any easier for her. I asked her to pack a small suitcase for me. I told her that friends and relatives would look after her while I was gone. I did not tell her how long I would be gone and she did not ask. It was just as well, because I did not know the answer. I would return to Pretoria for what would probably be the verdict on Monday. No matter the result, I would not be returning home: if we were convicted, I would go directly to prison; if we were discharged, I would immediately go underground.
My elder son, Thembi, was in school in the Transkei, so I could not say good-bye to him, but that afternoon I fetched Makgatho and my daughter Makaziwe from their mother in Orlando East. We spent some hours together, walking on the veld outside town, talking and playing. I said good-bye to them, not knowing when I would see them again. The children of a freedom fighter also learn not to ask their father too many questions, and I could see in their eyes that they understood that something serious was occurring.
At home, I kissed the two girls good-bye and they waved as I got in the car with Wilson Conco and began the long drive to Natal.
Fourteen hundred delegates from all over the country representing one hundred fifty different religious, social, cultural, and political bodies converged on Pietermaritzburg for the All-in Conference. When I walked out onstage on Saturday evening, March 25, in front of this loyal and enthusiastic audience, it had been nearly five years since I had been free to give a speech on a public platform. I was met with a joyous reaction. I had almost forgotten the intensity of the experience of addressing a crowd.
In my speech I called for a national convention in which all South Africans, black and white, Indian and Coloured, would sit down in brotherhood and create a constitution that mirrored the aspirations of the country as a whole. I called for unity, and said we would be invincible if we spoke with one voice.
The All-in Conference called for a national convention of elected representatives of all adult men and women on an equal basis to determine a new nonracial democratic constitution for South Africa. A National Action Council was elected, with myself as honorary secretary, to communicate this demand to the government. If the government failed to call such a convention, we would call a countrywide three-day stay-away beginning on May 29 to coincide with the declaration of South Africa as a republic. I had no illusions that the state would agree to our proposal.
In October 1960, the government had held an all-white referendum on whether South Africa should become a republic. This was one of the long-cherished dreams of Afrikaner nationalism, to cast off ties to the country they had fought against in the Anglo-Boer War. The pro-republic sentiment won with 52 percent of the vote, and the proclamation of the republic was set for May 31, 1961. We set our stay-at-home on the date of the proclamation to indicate that such a change for us was merely cosmetic.
Directly after the conference I sent Prime Minister Verwoerd a letter in which I formally enjoined him to call a national constitutional convention. I warned him that if he failed to call the convention we would stage the country’s most massive three-day strike ever, beginning on May 29. “We have no illusions about the counter-measures your government might take,” I wrote. “During the last twelve months we have gone through a period of grim dictatorship.” I also issued press statements affirming that the strike was a peaceful and nonviolent stay-at-home. Verwoerd did not reply, except to describe my letter in Parliament as “arrogant.” The government instead began to mount one of the most intimidating displays of force ever assembled in the country’s history.