119 pages 3 hours read

No Easy Walk to Freedom

Nonfiction | Biography | Adult | Published in 1973

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Part 5Chapter Summaries & Analyses

Part 5, Chapter 14 Summary: “Black Man in a White Man’s Court”

Chapter 14 is Mandela’s defense in the trial that opened in October 1962 after his arrest and indictment on charges of “inciting African workers to strike; and leaving South Africa without a valid travel document” (105). In his opening statements to the judge, Mandela articulates his belief that the trial is not actually a case against himself alone, but rather a “a trial of the aspirations of the African people” (105). He challenges the right of the court to hear his case on the basis that it will not be a fair and proper trial and that he has no moral or legal obligation to obey laws made by a parliament in which he has no representation. 

Regarding the first grounds for recusal, Mandela asserts that the trial is inherently unjust because of the all-white judiciary. He cites the Universal Declaration of Human Rights on equal protection before the law, which he finds wholly absent from the South African judicial system. On the second grounds, he posits that the authority of any government derives from the will of the people. Given that Mandela has no parliamentary representation, he finds himself neither morally nor legally bound to follow the laws that the government passes. Anticipating the court’s reassurance of fairness, Mandela insists that he cannot trust that justice will be delivered. It appears to Mandela that white South Africans have a different standard of justice and fairness that includes the suppression of African people. The application for the recusal of the magistrate, however, is refused.

The trial then turns to the cross-examination of Mr. Barnard, the private secretary to Verwoerd. Mandela reads the first letter the NAC wrote to the government articulating its demand for a national convention and explaining the action that would result from failure to meet that demand. Barnard affirms that Verwoerd did receive the letter and did not respond to the NAC. When Mandela asks about Verwoerd’s nonresponse, Barnard insists that, given the letter’s contents and tone, the prime minister responded properly by forwarding the letter to the Department of Justice. Mandela then reads the second letter, in which the NAC acknowledges the government’s nonresponse to the first letter and its violent response to the strike. The letter offers the government the choice of calling the national convention and ending racial oppression or continuing its reign of white supremacy and facing the wrath of the people. Barnard’s cross continues with him dismissing the letter as “an accumulation of threats” and admitting that the NAC again received no response from the prime minister (118). 

Mandela then cross-examines Peter Hazelhurst, a reporter. Hazelhurst’s testimony includes revelations regarding the government’s forceful tactics, which have included mobilizing the army and carrying out raids and arrests. The next cross is that of Warrant Officer Baardman, a white detective of the Bloemfontein Special Branch. When questioned about the all-white national convention of 1909, Baardman testifies that he wasn’t there and can’t speak on the subject; however, he eventually must admit that the Union Parliament is an all-white body, although he continues to maintain that this all-white parliament includes representation of Black African people. Mandela also cross-examines a police witness, who testifies to the murders, arrests, and death sentences carried out by the government. He also corroborates that those regulations in Transkei include restriction of people’s movement in and out of the territory, prohibition of gatherings and boycotts, and the allowance of force if people disobeyed the restrictions. 

Mandela submits another application for the judge’s recusal on the grounds that the judge has been seen conversing outside of the courtroom with Warrant Officer Dirker and another member of the Special Branch. The recusal is again refused. Following the refusal, Mandela cross-examines Abdul Moolla, an Indian member of the Special Branch. Regarding the Group Areas Act and its effect on the Indian community, Moolla testifies that he thinks most of the Indian community is satisfied with the act. However, he also admits that organizational representatives of the Indian population oppose the act and that it would cause Indian merchants to lose their trading rights and homes in white-designated areas. 

Next, the prosecution presents their case that Mandela should be found guilty of inciting protests amongst employees in essential services, African mineworkers, and servants on the grounds that it is unlawful for these three groups to engage in strikes. They also advocate charging Mandela with leaving the country unlawfully.

Mandela then makes his final remarks in response to the prosecution’s case. He asserts that he is guilty of no crimes and that the court should take into account that the government is promulgating laws that the majority of the country opposes while shutting down legal means of opposing such laws. He argues that the present trial started with the All-In African conference, in which the body unanimously rejected the Verwoerd Republic, called for a national convention, and articulated their response should the government fail to meet the call. Admitting to his role as secretary of the All-In conference and acknowledging his profession as a lawyer, he articulates why he would act on behalf of people rejecting government policy. He locates the influence of his belief in revolutionary democracy in his study of early African societies. Mandela posits that he was drawn to the ANC in 1944 based on their principles of unity, political power, democracy, and equality, which are the same principles the Freedom Charter enunciates. He recalls the difficulties imposed on him early in his law career as a result of racialism and his ANC membership, and he provides examples of discrimination he has endured within his profession. Having faced such difficulties, he sees it as his professional duty to fight injustice not just for the people but for the legal profession itself. 

He transitions to discussing the noncooperation campaign and events following the NAC decision to launch the campaign, explaining that the government’s use of overwhelming force thwarted the NAC’s initial intention to use peaceful means of resistance. He articulates that the court and the government can no longer expect the people to try to address their demands through representative means. There is no way for the people to protest within the letter of the law because the government has deliberately shut down legal means of protest, including making Mandela himself an outlaw. Since new situations require new tactics, he believes the NAC and concomitant organizations are correct in adopting new tactics. While the media has been quick to attribute the campaign to Mandela alone, he is clear that the campaign and its success are the result of collaboration and collectivity. He is also clear that no amount of government repression, including his own incarceration, will deter the movement. 

Addressing the second charge of leaving the country illegally, Mandela says that he did not apply for a passport knowing that it would be denied. He discusses the impact of the African tour and his attendance of the PAFMECA conference, noting that he was treated like a free and equal human being while outside of South Africa. This supports his assertion that South Africa is out of step with the rest of the “civilized” world. Mandela concludes by reiterating that it is not he who should be on trial but rather the Verwoerd government.

Part 5, Chapter 15 Summary: “The Rivonia Trial”

In 1963, several ANC members were arrested and charged with “sabotage and conspiracy to overthrow the Government by revolution” (143), as well as “assisting an armed invasion of South Africa by foreign troops” (143). While Mandela was already incarcerated and therefore not present at the raid of the ANC underground headquarters that prompted the Rivonia Trial, he was removed from his cell and made to stand trial with the others.

Mandela opens his defense by noting his educational and professional background, as well as the fact that he is already a convicted prisoner serving time. He intends to address the court regarding falsehoods the prosecution has promulgated in reference to Umkonto we Sizwe’s actions and its relationship to both the ANC and the Communist Party. He admits that he helped form Umkonto and that he played a prominent role in the organization until his arrest in 1962. He discusses the roots and policy of Umkonto, noting the inevitability of violent resistance given the government’s violent and forceful tactics. While the ANC adopted a nonviolent strategy when it was formed in 1912 and was determined to remain nonviolent even after 1949, subsequent government violence and repression in response to peaceful tactics raised the question of how the ANC should continue the movement. The formation of Umkonto in 1961 was a last resort. He reads from the Umkonto Manifesto, where the ANC decides on a strategy of “properly controlled violence” (151).

Mandela addresses the definition of “properly controlled violence” (151), explaining that Umkonto was to engage in acts of sabotage against government-controlled buildings and other symbols of apartheid. Sabotage is a tactic implemented as a part of the broader resistance campaign targeting the South African economy. He explains the structure of Umkonto, noting that it is controlled and directed by a National High Council, which determines tactics and targets and is in charge of training and finance. The council’s instructions strictly prohibit killing people, which Mandela presents to refute the prosecution’s claim that Umkonto is responsible for attacks prior to December 1961.

He then addresses other allegations made by the prosecution. He refutes the first allegation (implicating the ANC as party to a general conspiracy to commit sabotage) by arguing that the ANC and Umkonto are two distinct bodies, even though their function and membership overlap. He addresses the allegation that the aims of the ANC and the Communist Party are the same by articulating the distinct creeds of the ANC and the Communist Party. For Mandela, cooperation between the ANC and the Communist Party is merely a result of sharing the goal of ending white supremacy in South Africa. In reference to his own personal and political beliefs, Mandela says that he is an African patriot; he is influenced by Marxism and the idea of a classless society, but he is not a communist; he believes in a parliamentary system; and he borrows ideas from both the East and West. 

Regarding the allegation that foreign powers financially support the South African movement, Mandela argues that the South African movement has drawn primarily on internal sources of support. Although individuals and organizations from Western countries provided support prior to 1961 for special campaigns and important court cases, it was his African tour that prompted his suggestion to the ANC to seek support from socialist countries. The formation of Umkonto also called for fundraising from other African states. 

In response to the allegation that Umkonto was a creation of the Communist Party, Mandela asserts that the African people formed Umkonto to fight poverty and the lack of human dignity in their own land. He details the unequal distribution of South Africa’s wealth, providing statistics and other evidence of the perpetuation of poverty among the Black African masses as a result of government policies. He also faults government policies that fail to respect human dignity, such as pass laws, constant police surveillance, and the general aim to keep the African people in a state of perpetual servitude. 

Mandela wraps up by articulating what the African people want. Above all, they want “equal political rights” and an end to racialism (169). He closes by stating that he has dedicated his life to the struggle of the African people and that the ideals of democracy, equal opportunity, and racial harmony are ideals that he is prepared to die for.

Part 5 Analysis

The final two chapters of the book are where Mandela pleads the case of the movement in the South African court system—not because he finds the court to be a fair and impartial judge but because his trial provides the opportunity to uplift the voices of the masses, publicly indict white supremacy, and explain why the anti-apartheid movement has adopted its strategies. His defense arguments contain important insights about the shift in strategies and tactics against the white supremacist government. Mandela’s defense arguments articulate that the government’s brutal and violent response to the ANC’s initial commitment to nonviolence was directly responsible for the shift and that the ANC specifically, along with the movement overall, developed through clear and sober reflection and analysis regarding how best to defeat the government. 

In Quayson’s editorial note for the Pretoria Trial, he describes Mandela’s defense as a “scathing indictment of White domination” (105). The indictment of white supremacy emerges immediately as Mandela argues for the judge’s recusal. On the grounds that the trial is unfair and unjust, Mandela states:

It is improper and against the elementary principles of justice to entrust Whites with cases involving the denial by them of basis human rights to the African people. 

What sort of justice is this that enables the aggrieved to sit in judgment over those against whom they have laid a charge?

A judiciary controlled entirely by Whites and enforcing laws enacted by a White Parliament in which Africans have no representation— laws which in most cases are passed in the face of unanimous opposition from Africans— (106). 

Going on to argue the second grounds for recusal, Mandela concedes that there are individual white people who believe in racial equality but argues that these individual sentiments are no match for the system:

The existence of genuine democratic values among some of the country’s Whites in the judiciary, however slender they may be, is welcomed by me. But I have no illusions about the significance of this fact, healthy a sign as it might be. Such honest and upright Whites are few and they have certainly not succeeded in convincing the vast majority of the rest of the White population that White supremacy leads to dangers and disasters (109).

By pointing out the all-white judiciary, the lack of African representation, and the adherence of a majority of white South Africans to white supremacist principles, Mandela identifies white supremacy as a systemic and institutional issue, not a matter of personal and individual responsibility. This echoes his PAFMECA address, where he articulated that solidarity and collective effort were key to the resistance movement because the maintenance of white supremacy was a collective endeavor carried out by various governments in collusion with one another. He reiterates the movement’s collectivity when he makes clear that while the media has emphasized his role in the resistance campaign, the collective is responsible for the success of the movement (138-39). 

Furthermore, Mandela suggests his awareness that he represents the collective in his defense, which he frames as not merely a personal matter nor specific to the trial. He opens by stating, “I hope to be able to indicate that this case is a trial of the aspirations of the African people, and because of that I thought it proper to conduct my own defence” (105). He also states, “The point I wish to raise in my argument is based not on personal considerations, but on important questions that [are] beyond the scope of this present trial” (105). Mandela’s strategic use of the court cases as an opportunity to uplift the voices of the masses and the organizations representing them is evidenced by his reading of documents that represent the voices of the people. In Chapter 14, he reads the entirety of both letters written by the NAC to the Verwoerd government during his cross-examination of Verwoerd’s secretary. In Chapter 15, he reads from the Umkonto Manifesto. In both instances, he uses the word “we” to indicate that he speaks for the organization and not only for himself. At the Pretoria Trial, he states:

Always we have been conscious of our obligations as citizens to avoid breaches of the law, where such breaches can be avoided, to prevent a clash between the authorities and our people, where such clashes can be prevented, but nevertheless, we have been driven to speak up for what we believe is right, and to work for it and try to bring about changes which will satisfy our human conscience (131).

He goes on to state:

We are neither monarchists nor admirers of a Voortrekker type of republic. We believe that we were inspired by aspirations more worthy than either of the groups who took part in the campaign on these. We were inspired by the idea of bringing into being a democratic republic where all South Africans will enjoy human rights without the slightest discrimination; where African and non-African would be able to live together in peace, sharing a common nationality and a common loyalty to this country, which is our homeland (133).

These two statements suggest the principles of democracy and equality that undergirded the ANC, as well as its attempts to bring about those ideals through peaceful and lawful agitation. However, given the government’s violent repression of the nonviolent strategy, the ANC was realistic about the situation they faced and recognized that the fight for democracy and equality necessitated other strategies. Thus, by 1961, the ANC was considering the shift: 

We had no doubt that we had to continue the fight. Anything else would have been abject surrender. Our problem was not whether to fight, but was how to continue the fight. We of the ANC had always stood for a non-racial democracy, and we shrank away from any action which might drive the races further apart than they already were. But the hard facts were that fifty years of non-violence had brought the African people nothing but more and more repressive legislation, and fewer and fewer rights (148). 

He also articulates the decision to employ violent means of resistance:

At the beginning of June 1961, after a long and anxious assessment of the South African situation, I, and some colleagues, came to the conclusion that as violence in this country was inevitable, it would be unrealistic and wrong for African leaders to continue preaching peace and non-violence at a time when the Government met our peaceful demands with force (149).

Mandela directly implicates the Government in the shift in tactics and the formation of Umkonto. In Chapter 14, these brutal tactics become a part of the public record as Mandela draws them out through witness testimony. For example, Hazelhurst must admit publicly that there were raids on the homes and offices of political opponents and country-wide arrests (118-19). One of the police witnesses admits to the veracity of the Transkei regulations and acknowledges that any violation of the regulations were to be met with police force (120-21). In addition, Moolla must admit that the Group Areas Act “mean[t] that a large number of Indian merchants would lose their trading rights in areas which have been declared White Areas” (123), as well as that “a large number of members of the Indian community” would have to leave their homes in those white areas (124). 

In Chapter 15, the Rivonia Trial record includes details of government tactics, including the arrest of more than 8,500 peaceful protestors and the passage of the Public Safety Act and the Criminal Law Amendment Act in 1949 (146). Mandela provides statistics on the numbers of African people that police and white civilians killed in Port Elizabeth, Bulhoek, South-West Africa, and Sharpeville (154). The dates of these instances range from 1920 to 1960, indicating a long history of Africans dying at the hands of a white supremacist administration. Similarly, Chapter 14 includes Mandela’s mention of the 1921 massacre in Bulhoek and the 1923 massacre in Bondelswart (135), indicating that the government’s violence and brute force were not new strategies but part of a longer trajectory that justified the African people responding in turn. Likewise, he writes in Chapter 14, “They set the scene for violence by relying exclusively on violence with which to answer our people and their demands” (134). He further indicts the government for its antagonistic role towards the African masses and its failure to respond appropriately to nonviolent resistance when he states that government violence breeds counterviolence and that the freedom struggle would finish in mass violence and force against the government (135). 

The final two chapters emphasize not only that the shift was a response to government repression and violence, but also that it was a calculated shift based on the developing situation. When Mandela takes up the discussion of Umkonto we Sizwe in Chapter 15, he emphasizes that in regards to the African population, the atmosphere of civil war created by government violence was “increasingly taking the form, not of struggle against the Government—though this is what prompted it—but of civil strife amongst themselves” (149), indicating the ANC’s concern that “violent forms of political struggle” were taking the shape of “terrorism against Africans, as well as Whites, if not properly directed” (149). The formation of Umkonto and its organized strategy of “properly controlled violence” was in part an attempt to direct the violence at the institutional structure and not inward towards the African population (151). 

In short, it aimed to minimize the loss of life. Mandela explains:

In the light of our political background the choice was a logical one. Sabotage did not involve loss of life, and it offered the best hope for future race relations. Bitterness would be kept to a minimum and, if the policy bore fruit, democratic government would become a reality (151). 

 

He further articulates: 

Attacks on the economic life lines of the country were to be linked with sabotage on Government buildings and other symbols of apartheid. These attacks would serve as a source of inspiration to our people. In addition, they would provide an outlet for those people who were urging the adoption of violent methods and would enable us to give concrete proof to our followers that we had adopted a stronger line and were fighting back against Government violence (152). 

Violence on the part of the resistance movement did not aim, as government violence did, to murder innocent people but rather to curtail the murders of innocent people and to add dynamism to the attack on the South African economy. Umkonto attacked “empty buildings and power stations” and were expressly prohibited from endangering life (153). 

In addition, military training of Umkonto members was adopted only in light of the compulsory military training of the white population, in case the conflict between the resistance movement and the government escalated to civil and guerilla war (154). At the same time, there was a plan to “build up a nucleus of men trained in civil administration and other professions, so that Africans would be equipped to participate in the government” of South Africa when the time came to do so (155). Again, this points to the considered strategy and careful planning of the leaders of the movement. It demonstrates dynamism, foresight, and a commitment to a long struggle.

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