55
ON OCTOBER 9, 1963, we were picked up in a heavily fortified police van. It had a steel divider running along the center, segregating the white prisoners from the Africans. We were driven to the Palace of Justice in Pretoria, where the Supreme Court sits, for the opening of The State versus the National High Command and others, what later became known as The State versus Nelson Mandela and others, and is still better known as the Rivonia Trial. Near the court stands a statue of Paul Kruger, the president of the Republic of the Transvaal who fought against British imperialism in the nineteenth century. Underneath this Afrikaner hero is a quotation from one of his speeches. The inscription reads, “In confidence we lay our cause before the whole world. Whether we win or whether we die, freedom will rise in Africa like the sun from the morning clouds.”
Our van was in the center of a convoy of police trucks. At the front of this motorcade were limousines carrying high police officials. The Palace of Justice was teeming with armed policemen. To avoid the enormous crowd of our supporters, who had grouped in front of the building, we were driven into the rear of the building and taken in through great iron gates. All around the building police officers with machine guns stood at attention. As we descended from the van, we could hear the great crowd singing and chanting. Once inside, we were held in cells below the courtroom before the opening of what was depicted in the newspapers at home and around the world as the most significant political trial in the history of South Africa.
As we emerged from the cells, each of the accused was accompanied by two armed warders. When we entered the ornate, high-ceilinged courtroom, we each turned to the crowd and made a clenched-fist ANC salute. In the visitors’ gallery our supporters shouted “Amandla! Ngawethu!” and “Mayibuye Afrika!” This was inspiring, but dangerous: the police took the names and addresses of all the spectators in the galleries, and photographed them as they left the court. The courtroom was filled with domestic and international journalists, and dozens of representatives of foreign governments.
After we filed in, a group of police officers formed a tight cordon between us and the spectators. I was disgusted to have to appear in court wearing my prison clothes of khaki shorts and flimsy sandals. As a convicted prisoner, I did not have the choice of wearing proper clothes. Many people later commented on how poorly I looked, and not just because of my wardrobe. I had been in and out of solitary confinement for months and I had lost more than twenty-five pounds. I took pains to smile at the gallery when I walked into the courtroom, and seeing our supporters was the best medicine I could have had.
Security was particularly tight as only a few weeks before Arthur Goldreich, Harold Wolpe, Mosie Moola, and Abdulhay Jassat had bribed a young guard and escaped from jail. Arthur and Harold made their way to Swaziland disguised as priests, then flew to Tanganyika. Their escape came at a time of hysteria about the underground and was greeted with blaring newspaper headlines. It was an embarrassment to the government and a boost to our morale.
Our judge in the Rivonia Trial was Mr. Quartus de Wet, judge-president of the Transvaal, who sat in his flowing red robes beneath a wooden canopy. De Wet was one of the last judges appointed by the United Party before the Nationalists came to power and was not considered a government lackey. He was a poker-faced judge who did not suffer fools gladly. The prosecutor was Dr. Percy Yutar, deputy attorney general of the Transvaal, whose ambition was to become attorney general of South Africa. He was a small, bald, dapper fellow, whose voice squeaked when he became angry or emotional. He had a flair for the dramatic and for high-flown if imprecise language.
Yutar rose and addressed the court: “My Lord, I call the case of the state against the National High Command and others.” I was accused number one. Yutar handed in the indictment and authorized that we be charged immediately and tried summarily. This was the first time we were given a copy of the indictment. The prosecution had kept it from us, though they gave it to the Rand Daily Mail, which had splashed it all over that day’s edition of the paper. The indictment charged eleven of us with complicity in over two hundred acts of sabotage aimed at facilitating violent revolution and an armed invasion of the country. The state contended that we were actors in a conspiracy to overthrow the government.
We were charged with sabotage and conspiracy rather than high treason because the law does not require a long preparatory examination (which is highly useful to the defense) for sabotage and conspiracy as it does for treason. Yet the supreme penalty — death by hanging — is the same. With high treason, the state must prove its case beyond a reasonable doubt and needs two witnesses to testify to each charge. Under the Sabotage Law, the onus was on the defense to prove the accused innocent.
Bram Fischer stood up and asked the court for a remand on the grounds that the defense had not had time to prepare its case. He noted that a number of the accused had been held in solitary confinement for unconscionable lengths of time. The state had been preparing for three months, but we had only received the indictment that day. Justice de Wet gave us a three-week adjournment until October 29.
I was disturbed to discover that first day that Winnie was unable to attend. Because of her banning and her restriction to Johannesburg, she needed police permission to come to court. She had applied and been refused. I also learned that our house had been raided and the police had detained a young relative of Winnie’s. Winnie was not the only wife being harassed. Albertina Sisulu and Caroline Motsoaledi were detained under the Ninety-Day Detention Act, and Walter’s young son Max was also arrested. This was one of the state’s most barbarous techniques of applying pressure: imprisoning the wives and children of freedom fighters. Many men in prison were able to handle anything the authorities did to them, but the thought of the state doing the same thing to their families was almost impossible to bear.
Winnie subsequently appealed to the minister of justice, who granted her permission to attend the trial on the condition that she did not wear traditional dress. Ironically, the same government that was telling us to embrace our culture in the homelands forbade Winnie from wearing a Xhosa gown into court.
During the next three weeks, we were permitted to spend our days together preparing our case. I was now among my fellow accused, and the company of my colleagues was a tonic. As awaiting-trial prisoners we were entitled to two half-hour visits a week, and one meal a day could be sent in from the outside. I soon gained back my lost weight with Mrs. Pillay’s delicious dinners.
While we were preparing our defense, the government was trying the case in the newspapers. Normally, a case that is sub judice cannot be commented upon in public or in the press. But since the men arrested at Rivonia were Ninety-Day detainees, and therefore not technically charged with a crime, this judicial principle went by the wayside. We were publicly branded as violent revolutionaries by everyone from the minister of justice on down. Newspapers regularly featured headlines like “REVOLUTION ON MILITARY BASIS.”
On October 29, we again entered the Palace of Justice; again the crowds were large and excited; again the security was extremely tight; again the court was filled with dignitaries from many foreign embassies. After three weeks with my comrades I felt rejuvenated, and I was far more comfortable in court this time in a suit. Our attorneys had objected to our having to come to court in prison garb and we had won the right to wear our own clothes. We again raised clenched fists to the gallery, and were warned that if we did it again, we would be forced to come to court in our prison khakis. To prevent such outbursts, the authorities reversed the normal order of the prisoners preceding the judge into the courtroom. After that first day, the judge entered first so that court would already be in session when we entered.
We went on the attack immediately — Bram Fischer criticized the state’s indictment as shoddy, poorly drawn, and containing absurdities such as the allegation that I had participated in certain acts of sabotage on dates when I was in Pretoria Local. Yutar was flummoxed. Judge de Wet looked to him to reply to Bram’s argument, and instead of offering particulars he began to give what the judge derided as “a political speech.” De Wet was impatient with Yutar’s fumbling and told him so. “The whole basis of your argument as I understand it, Mr. Yutar, is that you are satisfied that the accused are guilty.” De Wet then quashed the indictment and gaveled the session to a close.
For that moment we were technically free, and there was pandemonium in the court. But we were rearrested even before Judge de Wet left his seat. Lieutenant Swanepoel clapped each of us on the shoulder and said, “I am arresting you on a charge of sabotage,” and we were herded back to our cells. Even so, this was a blow to the government, for they now had to go back to the drawing board in the case they were calling the trial to end all trials.
The state redrew their indictment and we were back in court in early December. We all sensed that in the interim Justice de Wet had grown more hostile to us. We suspected his previous independence had brought down the wrath of the government and pressure had been applied. The new charges were read: we were alleged to have recruited persons for sabotage and guerrilla warfare for the purpose of starting a violent revolution; we had allegedly conspired to aid foreign military units to invade the republic in order to support a Communist revolution; and we had solicited and received funds from foreign countries for this purpose. The orders for munitions on the part of the accused, said Yutar melodramatically, were enough to blow up Johannesburg.
The registrar then requested our pleas. We had agreed not to plead in the traditional manner but to use the moment to show our disdain for the proceedings.
“Accused number one, Nelson Mandela, do you plead guilty or not guilty?”
I rose and said, “My Lord, it is not I, but the government that should be in the dock. I plead not guilty.”
“Accused number two, Walter Sisulu, do you plead guilty or not guilty?”
Sisulu: “The government is responsible for what has happened in this country. I plead not guilty.”
Justice de Wet said he was not interested in hearing political speeches, that we should merely plead not guilty or guilty. But his direction was ignored. Each of the accused suggested that it was the government that was criminal before pleading not guilty.
To enhance the drama of the proceedings, the state had made arrangements for a live broadcast of Yutar’s speech on the South African Broadcasting System. Microphones had been placed on the prosecution table as well as in front of the judge. But just as Yutar was clearing his throat, Bram Fischer rose and made an application to the court for the removal of the microphones on the grounds that the broadcasts would unfairly prejudice the case and were not in keeping with the dignity of the court. Despite Yutar’s shrill plea for their retention, Justice de Wet ordered them removed.
In his address, Yutar argued that from the time the ANC had been driven underground, the organization had embarked on a policy of violence designed to lead from sabotage through guerrilla warfare to an armed invasion of the country. He asserted that we planned to deploy thousands of trained guerrilla units throughout the country, and these units were to spearhead an uprising that would be followed by an armed invasion by military units of a foreign power. “In the midst of the resulting chaos, turmoil, and disorder,” Yutar proclaimed, “it was planned by the accused to set up a Provisional Revolutionary Government to take over the administration and control of the country.” The engine of this grand plan was Umkhonto we Sizwe, under the political direction of the ANC and the Communist Party, and the headquarters of Umkhonto was Rivonia.
In his orotund prose, Yutar described how we recruited members for MK, how we planned our national uprising for 1963 (here he was confusing us with the PAC), how we erected a powerful radio transmitter at Rivonia, and how we were collectively responsible for two hundred twenty-two acts of sabotage. He said Elias Motsoaledi and Andrew Mlangeni were in charge of recruiting members and that Dennis Goldberg ran a special school for recruits in the Cape. He detailed the production of various bombs, as well as the solicitation of money abroad.
Over the next three months, the state produced one hundred seventy-three witnesses and entered into the record thousands of documents and photographs, including standard works on Marxism, histories of guerrilla warfare, maps, blueprints, and a passport made out to one David Motsamayi. The first witness was a police photographer who had taken pictures of Rivonia, and the next witnesses were domestic workers for the Goldreich family, who had been held in detention all this time even though they had no connection to the politics of the household. These servants identified most of us by pointing to us in the dock, but old Mr. Jelliman, in a brave attempt to help me, pretended that he did not see me when he was asked to point to accused number one. Look again, the prosecutor said, go over all the faces carefully. “I do not think he is here,” Jelliman said quietly.
We wondered what evidence the state had to prove my guilt. I had been out of the country and in prison while much of the planning at Rivonia had taken place. When I saw Walter in Pretoria Local just after my sentencing, I urged him to make sure that all my books and notes were removed from the farm. But during the first week of the trial, when Rusty Bernstein applied for bail, Percy Yutar dramatically produced the sketch of the Fort and the accompanying note about escape that I had made while detained there. Yutar exclaimed that this was evidence that all of the accused meant to escape. It was a sign that nothing of mine had been removed from Rivonia. Later, I was told that my colleagues at Rivonia had decided to preserve my escape note because they thought it would be historic in the future. But in the present, it cost Rusty Bernstein his bail.
The state’s star witness was Bruno Mtolo, or “Mr. X” as he was known in court. In introducing “Mr. X,” Yutar informed the court that the interrogation would take three days and then, in theatrical tones, he added that the witness was “in mortal danger.” Yutar asked that the evidence be given in camera, but that the press be included provided that they not identify the witness.
Mtolo was a tall, well-built man with an excellent memory. A Zulu from Durban, he had become the leader of the Natal region of MK. He was an experienced saboteur, and had been to Rivonia. I had met him only once, when I addressed his group of MK cadres in Natal after my return from the continent. His evidence concerning me in particular made me realize that the state would certainly be able to convict me.
He began by saying that he was an MK saboteur who had blown up a municipal office, a power pylon, and an electricity line. With impressive precision, he explained the operation of bombs, land mines, and grenades, and how MK worked from underground. Mtolo said that while he had never lost faith in the ideals of the ANC, he did lose faith in the organization when he realized that it and MK were instruments of the Communist Party.
His testimony was given with simplicity and what seemed like candor, but Mtolo had gone out of his way to embellish his evidence. This was undoubtedly done on police instructions. He told the court that during my remarks to the Natal Regional Command I had stated that all MK cadres ought to be good Communists but not to disclose their views publicly. In fact, I never said anything of the sort, but his testimony was meant to link me and MK to the Communist Party. His memory appeared so precise the ordinary person would assume that it was accurate in all instances. But this was not so.
I was bewildered by Mtolo’s betrayal. I never ruled out the possibility of even senior ANC men breaking down under police torture. But by all accounts, Mtolo was never touched. On the stand, he went out of his way to implicate people who were not even mentioned in the case. It is possible, I know, to have a change of heart, but to betray so many others, many of whom were quite innocent, seemed to me inexcusable.
During cross-examination we learned that Mtolo had been a petty criminal before joining MK and had been imprisoned three previous times for theft. But despite these revelations, he was an extremely damaging witness, for the judge found him reliable and believable, and his testimony incriminated nearly all of us.
The keystone of the state’s case was the six-page Plan of Action confiscated in the Rivonia raid. The leaders of the High Command had had this very document before them on the table when the police stormed the farm. Operation Mayibuye sketches out in general form the plan for the possible commencement of guerrilla operations, and how it might spark a mass armed uprising against the government. It envisions an initial landing of small guerrilla forces in four different areas of South Africa and the attacking of preselected targets. The document set a goal of seven thousand MK recruits in the country who would meet the initial outside force of one hundred twenty trained guerrillas.
The prosecution’s case rested in large part on their contention that Operation Mayibuye had been approved by the ANC executive and had become the operating plan of MK. We insisted that Operation Mayibuye had not yet been formally adopted and was still under discussion at the time of the arrests. As far as I was concerned, Operation Mayibuye was a draft document that was not only not approved, but was entirely unrealistic in its goals and plans. I did not believe that guerrilla warfare was a viable option at that stage.
The plan had been drafted in my absence so I had very little knowledge of it. Even among the Rivonia Trialists there was disagreement as to whether the plan had been adopted as ANC policy. Govan, who had drafted the document with Joe Slovo, insisted that it had been agreed upon and felt that it was wrong for us to argue in court that it was still under discussion. But all the other accused contended that the document, while drawn up by the High Command, had not been approved by the ANC executive or even seen by Chief Luthuli.
Although a capital trial can be quite grim, our spirits were generally high. There was a good deal of gallows humor among us. Dennis Goldberg, the youngest of the accused, had an irrepressible sense of humor and often had us laughing when we should not have been. When one of the prosecution witnesses described how Raymond Mhlaba had worn a clerical collar as a disguise, Dennis took to calling him Reverend Mhlaba.
In our consulting room downstairs, we often communicated through notes, which we would then burn and throw in the wastebasket. One of the Special Branch officers who looked after us was Lieutenant Swanepoel, a burly, red-faced fellow who was convinced we were always putting one over on him. One day, while Swanepoel was observing us from the door, Govan Mbeki began to write a note in a conspicuously secretive manner. With similar drama he handed me the note. I read it, nodded my head sagely, and passed it to Kathy, who ostentatiously took out his matches as if to burn the note when Swanepoel swooped into the room, grabbed the paper out of Kathy’s hands, and said something about the dangers of lighting matches indoors. He then left the room to read his prize; a few seconds later, he stormed back saying, “I will get all of you for this!” Govan had written in capital letters: “ISN’T SWANEPOEL A FINE-LOOKING CHAP?”
We were locked up in prison and on trial for our lives, but outside new life was blossoming. Jimmy Kantor’s wife was to give birth any day. Jimmy was an attorney who had been roped into the trial by the state for no other reason than that he was Harold Wolpe’s brother-in-law.
One morning, when we were sitting in the dock, a note was passed down to me from the other end.
Barbara and I have discussed godfathers at length and we have come to the conclusion that, whether the baby is a girl or boy, we would consider it an honour if you would agree to accept this office as an adjunct to the more disreputable positions you have held in the past.
By return mail I sent Jimmy back a note.
I would be more than delighted, and the honour is mine, not the baby’s. Now they dare not hang me.