Apartheid on Trial: Mandela's Rivonia Speech from the Dock, Half a Century Later
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Looking at the Law
Social Education 78(2), pp 63–67
©2014 National Council for the Social Studies
Apartheid on Trial:
Mandela’s Rivonia Speech from
the Dock, Half a Century Later
Howard Kaplan
During my lifetime I have dedicated myself to this struggle of the African Apartheid’s History
people. I have fought against white domination, and I have fought against “Apartheid” is an Afrikaans word that
black domination. I have cherished the ideal of a democratic and free society means “apartness” and signifies the
in which all persons live together in harmony and with equal opportunities. It white supremacist policy that predomi-
is an ideal which I hope to live for and to achieve. But if needs be, it is an ideal nated in South Africa from 1948 to
for which I am prepared to die. 1994. South Africa had a long history
—Nelson Mandela’s Statement in 1964 Rivonia Trial of colonial European domination of
indigenous black and other non-white
The death of Nelson Mandela on tributes marking Mandela’s life and peoples. Apartheid, however, formally
December 5, 2013, prompted a global mourning his death often quoted this began when the Afrikaner-dominated
outpouring of tributes and opened up speech. This article examines the back- National Party came to power in 1948.
important teachable moments for social story to these famous words—the histori- “Afrikaans” is a language once regarded
studies educators. Some news commen- cal, political, and legal context in which as a dialect of Dutch. “Afrikaners” are
tators noted that effusive media cov- they were spoken. Such an examination a South African ethnic group of mixed
erage ran the risk of turning Mandela is timely because April 20, 1964 marks continental European descent, primarily
retrospectively into such a saintly figure the 50th anniversary of this event. Dutch, German, and French Protestant.
as to airbrush away his humanity and Following a referendum among white
his struggles. This article highlights Lawyer and Political Activist voters in 1961, South Africa severed ties
Mandela the freedom fighter and seeks At the time of his Rivonia speech, with Great Britain and became a repub-
to extend the teachable moment for edu- Nelson Mandela was 46. By professional lic. At that time, about 20 percent of the
cating students about him. It does so by occupation, he was an attorney. Along South African population was classified
focusing on a pivotal political-legal event with partner Oliver Tambo, Mandela as white. Of that minority, about two-
in his life and, indeed, in twentieth cen- had developed a thriving practice as, thirds were Afrikaner and one-third
tury world history. in his words, the country’s “only firm of English descent. Approximately 70
In 1964, Nelson Mandela and his co- of African lawyers.” By political com- percent of South Africans were classi-
defendants were on trial for their lives, mitment, he was a long-time activist in fied as black and the remainder as either
charged with sabotage against the apart- the South African national liberation “coloured” or Asian.
heid regime. Most of the defendants movement and fight against that coun- The foundation of apartheid was leg-
had been captured with incriminating try’s repressive apartheid regime. He islation enacted by Parliament. These
evidence of their anti-apartheid activi- was one of the principal leaders of the statutes either strengthened existing
ties during a police raid in Rivonia, a African National Congress (ANC), a laws or codified social norms and prac-
Johannesburg suburb. At the Rivonia black South African nationalist political tices. Early apartheid laws included
political trial in Pretoria, South Africa, party formed in 1912. In 1961 Mandela the Prohibition of Mixed Marriages
Mandela delivered a powerful and co-founded Umkhonto we Sizwe (“Spear Act of 1949, Population Registration
momentous speech. The stirring words of the Nation”), known as MK, often Act of 1950 (requiring that all South
by Nelson Mandela that introduce this described as the “armed wing” of the Africans be classified, as white, black,
article concluded his speech, which ANC, with which it was associated, but or coloured), Group Areas Act of 1950
opened the defense’s case. Many recent separate. (imposing territorial restrictions on
M a r c h / A p r i l 2 0 14
63
risking mass arrest in peaceful civil disobedience. In response,
the regime passed the Public Safety Act of 1953, which not only
granted broad powers to declare states of emergency, but also
allowed that laws “could be made retrospective for four days
to cover any emergency action taken by the police.”
Two Trials Before Rivonia
Rivonia in 1964 was the third in a series of trials in which
Mandela was charged with political crimes. In December 1956,
he and 155 other activists were rounded up and charged with
treason. This “Treason Trial” would drag on for more than four
years as the number of defendants, still including Mandela,
was reduced to 30. In March 1961, they were all found not
guilty. Writing about this favorable verdict in his autobiography,
Mandela commented, “The court system … was perhaps the
only place in South Africa where an African could possibly
receive a fair hearing and where the rule of law might still apply.”
And yet, “I never expected justice in court, however much I
fought for it, and though I sometimes received it.” A year before
this verdict, 69 peaceful demonstrators had been killed by
police in Sharpeville, 45 miles from Johannesburg, many shot
in the back while fleeing. This tragic event transformed the anti-
apartheid struggle. Immediately afterwards, the government
declared a national state of emergency and banned the African
National Congress. After the Treason Trial, Mandela went
underground. In 1962, he was captured; charged with inciting
workers to strike and leaving the country illegally; convicted;
and, in November, sentenced to five years in prison.
Courtesy of the Nelson Mandela Centre of Memory, Setting the Stage
www.nelsonmandela.org/ Mandela was the only Rivonia defendant who was already
convicted and serving time. The other defendants, among
them Walter Sisulu and Govan Mbeki, included prominent
blacks), “Pass Laws” Act of 1952 (requiring blacks to carry leaders of the ANC and the anti-apartheid movement. When
passes when visiting “white” areas), and the Bantu Education the trial began in October 1963, there were 11 defendants.
Act of 1953 (nationalizing and severely restricting education Because of their prominence, the sensational nature of their
for blacks, called “Bantus”). At the Rivonia Trial, Mandela arrest, the severe penalties if they were convicted, and the
summarized the repressive history of apartheid, asserting that obvious political dimensions, the case received national and
“the rights of Africans became less instead of becoming greater” international attention. The venue had been moved 35 miles
as time went on. from Johannesburg to Pretoria, an Afrikaner stronghold and
As political resistance to apartheid developed in the 1950s the regime’s administrative capital. Transported by police van
and 1960s, the regime responded by increasing restrictions on from the Pretoria prison to the Palace of Justice, a steel divider
civil liberties as well as civil rights. In the Cold War era, the physically separated the accused by race, white from black and
fervently anti-Communist South African government passed Indian. Machine-gun wielding police lined the route, holding
laws that conflated curtailing internal political protest against back supporters of the defendants.
apartheid with the fight against international Communism. For Red-robed Justice Quartus de Wet presided at the trial,
instance, the Suppression of Communism Act of 1950 included which was conducted in English. Although South African crimi-
a provision prohibiting activity “which aims at the encourage- nal procedure was derived from English common law and had
ment of feelings of hostility between the European and non- much in common with British, and even American, judicial
European races of [South Africa].” In 1952, Mandela and the proceedings, in this case, there was no jury, only the judge to
ANC conducted the Defiance Campaign, which deployed determine guilt or innocence and sentencing.
a strategy of passive resistance (such as used by Gandhi and The prisoners were seated in a specially built dock. The
Martin Luther King Jr.) to mobilize anti-apartheid protestors, public galleries were racially segregated. Menacingly, police
S o c i a l E d u c at i o n
64recorded the names and addresses of all performance on the national and world dignified, and resolute. His style was
spectators and photographed them as stage. As such, it presented an unrivalled direct and unapologetic. He was respect-
they left the courtroom. South African opportunity to expose publicly apart- ful of the judge, addressing him repeat-
and international media were present, heid’s brutal oppression. edly as “My Lord.”
along with representatives of foreign Mandela did not “deny that [he]
governments. Percy Yutar—ambitious, Mandela’s Speech from the Dock planned sabotage,” the serious crime
opportunistic, and theatrical—was the Walter Sisulu and other defendants with which he was charged. To explain
chief prosecutor in what became known would give testimony in the courtroom. why he committed this act, his speech
as The State v. Nelson Mandela and Mandela, however, chose to make a non- devastatingly critiqued apartheid,
Others. Advocate Bram Fischer, an testimonial statement “from the dock.” rejected the regime’s legitimacy, and
Afrikaner, was the lead defense counsel This meant his statement was not admis- defended the national liberation move-
of a brilliant team of lawyers committed sible. It also meant that he could speak ment of the South African people.
to the anti-apartheid cause. directly—to the judge who would deter- Mandela acknowledged he “must deal
The accused seized at Liliesleaf Farm mine his fate, the spectators, and those immediately … with the question of vio-
in Rivonia were initially imprisoned beyond the courtroom—unconstrained lence.” He explained, “It was only when
under the newly passed General Law by the question-and-answer strictures of all else had failed, when all channels of
Amendment Act. This law permitted the direct and cross-examination. Mandela peaceful protest had been barred to us,
90-day detention and interrogation of artfully exploited the available legal that the decision was made to embark on
anyone suspected of a political crime. means for political ends. He began his violent forms of political struggle.” Based
Moreover, it could be renewed indefi- speech by embracing the dehumanizing on a “calm and sober assessment of the
nitely. The Rivonia defendants were not anonymity of his courtroom designa- political situation,” Mandela and his MK
charged with treason, in contrast to the tion as “accused number one,” turning colleagues chose to adopt sabotage as a
1956-1961 trial, which had led to acquit- it into a badge of honor: “I am the First political tactic. He carefully differenti-
tals and embarrassment for the govern- Accused.” Mandela’s tone was strong, ated it among a hierarchy of possible
ment. Instead, they were charged under
the Sabotage Act of 1962. Sabotage and
conspiracy to commit sabotage were
easier to prosecute than treason. They
could be established by one witness,
rather than two. Trials could be decided
by a single judge, rather than a three-
judge panel. Both crimes, however, were
punishable by death.
Rivonia was an extraordinary politi-
cal trial. Both sides—the state prosecu-
tion and the defense—consciously and
actively approached the trial as being
about the very legitimacy of the regime,
the integrity of the political and judi-
cial institutions of national government,
and the policy of apartheid. It was truly
“apartheid on trial.” The state defended
and the defense renounced. So, in that
sense, the defense also played offense.
The defendants and their lawyers devel-
oped a trial strategy that was at once legal
and political. As a criminal legal matter,
sabotage was a capital crime. The prin-
cipal defendants, including Mandela
and Sisulu, realized they would be con-
victed. What was at issue was sentencing.
Would it be death? As a political matter,
they recognized that the trial would be a
M a r c h / A p r i l 2 0 14
65EXTENDED ACTIVITIES
1. Assign students, individually or in small groups, to research the other Rivonia defendants (especially Walter Sisulu, Govan Mbeki,
Ahmed Kathrada, and Rusty Bernstein), their lawyers (especially Bram Fischer, George Bizos, and Joel Joffe), prosecutor Percy Yutar,
and judge Quartus de Wet. How did the Rivonia Trial affect their lives? What did they do afterwards? Ask students to report to the
class. Facilitate the discussion.
2. Have students, individually or in small groups, research the suburb of Rivonia, the Palace of Justice in Pretoria, Sharpeville, Robben
Island Prison, and the Old Fort/Constitutional Court in Johannesburg. What did students learn about these places and sites and their
histories? What changes have occurred, if any, to these locations?
3. Assign students to first read all or part of Mandela’s Rivonia speech. Then, have them listen to it, while simultaneously reading the
text. Facilitate the class discussion. Ask students if their impression and understanding of the speech changed after listening to it.
How? What would they think of it if they could only read but not listen to the speech? (The restored audio recording was only made
available publicly in 2001.) What if the speech had been in a language other than English?
4. Have students read the preambles to both the South African Freedom Charter and the U.S. Constitution. The Freedom Charter begins,
“We, the People of South Africa, declare for all our country and the world to know.” How are they similar? Different? Why?
5. In Long Walk to Freedom, Mandela writes, “The conditions in which Martin Luther King struggled were totally different from my
own: the United States was a democracy with constitutional guarantees of equal rights that protected nonviolent protest (though
there was still prejudice against blacks); South Africa was a police state with a constitution that enshrined inequality and an army
that responded to nonviolence with force.” Assign students to research King’s role in the U.S. civil rights movement and Mandela’s
in the anti-apartheid struggle. How were they similar? Different? Ask students if they agree with Mandela’s view of their difference.
Why or why not?
forms of political violence, escalating the final sentence might be perceived as dict on June 11 and sentence the next
from sabotage to guerrilla warfare to ter- inviting a death sentence and martyrdom. day. He questioned whether the accused
rorism to “open revolution.” Sabotage They urged him to strike it. He refused, were altruistically motivated in their
was directed against “government build- but accepted the suggestion by lawyer “desire to ameliorate … the grievances of
ings and other symbols of apartheid.” It George Bizos to add “if needs be” before the non-White population.” Justice de
“did not involve the loss of life, and it saying, “it is an ideal for which I am pre- Wet emphasized, “The function of this
offered the best hope of future race rela- pared to die.” The speech was covered court, as is the function of a court in any
tions.” in South Africa and around the world. country, is to enforce law and order and
Mandela also articulated his politi- Its power impressed even proponents to enforce the laws of the state within
cal philosophy, which he closely identi- of the regime. which it functions.” The crime with
fied with the ideology of the ANC and which the accused were charged was
the principles of the Freedom Charter. Verdict and Sentencing “in essence one of high treason.” Insofar
In Long Walk to Freedom, Mandela Aware that the Rivonia verdict was near, as the government had not brought this
characterized this landmark charter, the United Nations Security Council charge, he decided not to impose the
adopted by anti-apartheid groups in passed Resolution 190, by a vote of 7–0, death sentence. Still, he sentenced 8 of
1955, as “a blueprint for the liberation on June 9, 1964. It called on the South the 9 remaining defendants, including
struggle and the future of the nation.” His African government “to end forthwith Mandela and Sisulu, to life in prison.
political values were nationalist, multi- the trial in progress, instituted within the
racial, constitutionalist, and democratic. framework of the arbitrary law of apart- Aftermath and Legacy
They found expression in the Freedom heid” and also urged the regime to end Of course, Nelson Mandela would not
Charter’s preamble: “South Africa death sentences for anti-apartheid activi- spend his entire remaining life behind
belongs to all who live in it, black and ties. Both the United States and United bars. After Rivonia, he would remain
white, and … no government can justly Kingdom abstained from Resolution in prison for another 26 years, endur-
claim authority unless it is based on the 190, not opposing it, but reluctant to ing great hardship. By the end of his
will of all the people.” antagonize the South African govern- imprisonment, however, he was nego-
He ended his 176-minute speech ment, a staunch anti-Communist ally. tiating with the regime’s leaders for a
with the words quoted at the beginning With world attention focused on the political solution to a democratic and
of this article. Mandela’s lawyers feared case, Justice de Wet delivered his ver- multiracial South Africa. His terms for
S o c i a l E d u c at i o n
66SUGGESTED
RESOURCES
Allo, Awol, ed., The Courtroom as
a Space of Resistance: Reflections
on 50 Years of the Rivonia Trial.
Ashgate Publishing, 2014 (forth-
coming).
Broun, Kenneth S. Saving Nelson
Mandela: The Rivonia Trial and
the Fate of South Africa, Oxford
University Press, 2012.
Freedom Charter (full text),
adopted at the Congress of the
People, Kliptown, South Africa,
Wilma Cruise. The Right to Life. Constitutional Court of South Africa. Photograph by Stacey Vorster. June 26, 1955, www.anc.org.za/
show.php?id=72
his own release were unconditional—he and literally, the site remembers the
steadfastly refused offers, while apart- past, but builds a new future. Linder, Douglas. “Famous Trials:
heid persisted, contingent on him per- Engraved on a large panel under- The Nelson Mandela (Rivonia)
sonally renouncing political violence. neath a walkway are the final words of Trial, 1963-1964” http://law2.
Freed in 1990, he provided national Mandela’s Rivonia speech (see photo umkc.edu/faculty/projects/ftrials/
leadership through the difficult and above): “It is an ideal which I hope to mandela/mandelahome.html
violent political crisis of the early live for and to achieve. But if needs be,
1990s, which ultimately resulted in a it is an ideal for which I am prepared to
new constitution and his election as die.” At the time of his original speech Mandela, Nelson. Long Walk to
president in 1994. act, the first sentence expressed, at best, Freedom: The Autobiography of
On the 10th anniversary of a distant hope and the second, a chill- Nelson Mandela. Little, Brown,
Mandela’s election as president and ing possibility. Today, visitors to the and Company, 1995.
the 40th of the Rivonia speech, a Court—and all of us—can read it with
new Constitutional Court opened new meanings, as representing, in turn,
in Johannesburg in 2004. It was the a commitment, an achievement, and an Nelson Mandela Centre of
first major government building con- aspiration. Rivonia was “the trial that Memory
www.nelsonmandela.org
structed in post-apartheid South Africa. changed South Africa” and more. It
The result of an international architec- deserves a place in our social studies
tural competition, it was “designed to curriculum. “Nelson Mandela: An ideal for
embody the openness and transparency which I am prepared to die” in
called for by the Constitution itself.” Great Speeches of the 20th
The Court was intentionally built on Howard Kaplan is associate director of the ABA Century, The Guardian, April 23,
the site of the Old Fort, which dates Division for Public Education.
2007 (audio and text) www.the-
to 1893 and was a notorious prison. In guardian.com/world/2007/apr/23/
fact, both Gandhi and Mandela spent The content in this article does not necessarily
nelsonmandela
represent the official policies of the American Bar
time there as prisoners. Some 150,000 Association, its Board of Governors, or the ABA
bricks from old prison buildings were Standing Committee on Public Education.
used to erect the Court. Symbolically
M a r c h / A p r i l 2 0 14
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