After the 1948 election victory of the Afrikaner-dominated National Party with its apartheid policy of racial segregation, Mandela was prominent in the ANC's 1952 Defiance Campaign and the 1955 Congress of the People, whose adoption of the Freedom Charter provided the fundamental program of the anti-apartheid cause. During this time, Mandela and fellow lawyer Oliver Tambo operated the law firm of Mandela and Tambo, providing free or low-cost legal counsel to many blacks who would otherwise have been without legal representation.
Initially committed to non-violent mass struggle, Mandela was arrested with 150 others on 5 December 1956 and charged with treason. The marathon Treason Trial of 1956-61 followed, and all were acquitted. From 1952-59 the ANC experienced disruption as a new class of Black activists (Africanists) emerged in the townships demanding more drastic steps against the National Party regime. The ANC leadership of Albert Luthuli, Oliver Tambo and Walter Sisulu felt not only that events were moving too fast, but also that their leadership was challenged. They consequently bolstered their position by alliances with small White, Coloured and Indian political parties in an attempt to appear to have a wider appeal than the Africanists. The 1955 Freedom Charter Kliptown Conference was ridiculed by the Africanists for allowing the 100,000-strong ANC to be relegated to a single vote in a Congress alliance, in which four secretary-generals of the five participating parties were members of the secretly reconstituted South African Communist Party (SACP), strongly adhering to the Moscow line.
In 1959, the ANC lost its most militant support when most of the Africanists, with financial support from Ghana and significant political support from the Transvaal-based Basotho, broke away to form the Pan Africanist Congress (PAC) under Robert Sobukwe and Potlako Leballo.
In 1961, Mandela became the leader of the ANC's armed wing, Umkhonto we Sizwe (translated as Spear of the Nation, also abbreviated as MK), which he co-founded. He co-ordinated a sabotage campaign against military and government targets, and made plans for a possible guerrilla war if sabotage failed to end apartheid. A few decades later, MK did indeed wage a guerrilla war against the regime, especially during the 1980s, in which many civilians were killed. Mandela also raised funds for MK abroad, and arranged for paramilitary training, visiting various African governments.
Mandela explains the move to embark on armed struggle as a last resort, when increasing repression and violence from the state convinced him that many years of non-violent protest against apartheid had achieved nothing and could not succeed. Mandela later admitted that the ANC, in its struggle against apartheid, also violated human rights, and has sharply criticized attempts by parts of his party to remove statements supporting this fact from the reports of the Truth and Reconciliation Commission.
On 5 August 1962, he was arrested after living on the run for seventeen months and was imprisoned in the Johannesburg Fort. According to William Blum, a former U.S. State Department employee, the CIA tipped off the police as to Mandela's whereabouts. Three days later, the charges of leading workers to strike in 1961 and leaving the country illegally were read to him during a court appearance. On 25 October 1962, Mandela was sentenced to five years in prison. Two years later on 11 June 1964, a verdict had been reached concerning his previous engagement in the African National Congress (ANC).
Rivonia trial
While Mandela was in prison, police arrested prominent ANC leaders on July 11, 163, at Liliesleaf Farm, Rivonia, north of Johannesburg. Mandela was brought in, and at the Rivonia Trial, Mandela, Ahmed Kathrada, Walter Sisulu, Govan Mbeki, Andrew Mlangeni, Raymond Mhlaba, Elias Motsoaledi, Walter Mkwayi (who escaped during trial), Arthur Goldreich (who escaped from prison before trial), Denis Goldberg and Lionel "Rusty" Bernstein were charged by Percy Yutar with the capital crimes of sabotage and crimes which were equivalent to treason, but easier for the government to prove.
In his statement from the dock at the opening of the defence case in the trial on 20 April 1964 at Pretoria Supreme Court, Mandela laid out the clarity of reasoning in the ANC's choice to use violence as a tactic. His statement revealed how the ANC had used peaceful means to resist apartheid for years until the Sharpeville Massacre. That event coupled with the referendum establishing the Republic of South Africa and the declaration of a state of emergency along with the banning of the ANC made it clear that their only choice was to resist through acts of sabotage. Doing otherwise would have been tantamount to unconditional surrender. Mandela went on to explain how they developed the Manifesto of Umkhonto we Sizwe[5] on 16 December 1961 intent on exposing the failure of the National Party's policies after the economy would be threatened by foreigners' unwillingness to risk investing in the country. He closed his statement with these words:
Bram Fischer, Vernon Berrange, Joel Joffe, Arthur Chaskalson and George Bizos were part of the defence team that represented the accused. Harold Hanson was brought in at the end of the case to plead mitigation. All except Rusty Bernstein were found guilty, but they escaped the gallows and were sentenced to life imprisonment on 12 June 1964. Charges included involvement in planning armed action, in particular four charges of sabotage, which Mandela admitted to, and a conspiracy to help other countries invade South Africa, which Mandela denied.
Nelson Mandela was imprisoned on Robben Island where he was destined to remain for the next eighteen of his twenty-seven years in prison. On the island, he and other performed hard labour in a lime quarry. Prison conditions were very basic. Prisoners were segregated by race, with black prisoners receiving the least rations. Political prisoners were kept separate from ordinary criminals and received fewer privileges. Mandela describes how, as a D-group prisoner (the lowest classification) he was allowed one visitor and one letter every six months.
Letters, when they came, were often delayed for long periods and made unreadable by the prison censors.[3]
In March 1982, Mandela was moved from Robben Island to Pollsmoor Prison, along with other senior ANC leaders Walter Sisulu, Andrew Mlangeni, Ahmed Kathrada and Raymond Mhlaba. It was speculated that this was to remove the influence of these senior leaders on the new generation of young black activists imprisoned on Robben Island, the so-called "Mandela University". However, National Party minister Kobie Coetzee says that the move was to enable discreet contact between them and the South African government.
In February 1985, South Africa's hardline president P.W. Botha offered Mandela conditional release in return for renouncing armed struggle. Coetzee and other ministers had advised Botha against this, saying that Mandela would never commit his organisation to giving up the armed struggle in exchange for personal freedom. Mandela indeed spurned the offer, releasing a statement via his daughter Zindzi saying "What freedom am I being offered while the organisation of the people remains banned? Only free men can negotiate. A prisoner cannot enter into contracts."[6]
The first meeting between Mandela and the National Party government came in November 1985 when Kobie Coetzee met Mandela in Volks Hospital in Cape Town where Mandela was being treated for prostate surgery. Over the next four years, a series of tentative meetings took place, laying the groundwork for further contact and future negotiations, but little real progress was made.[6]
Throughout Mandela's imprisonment, local and international pressure mounted on the South African government to release him, under the resounding slogan Free Nelson Mandela! In 1989, South Africa reached a crossroads when Botha suffered a stroke and was replaced as president by Frederik Willem de Klerk. De Klerk announced Mandela's release in February 1990.
On February 2, 1990, State President F.W. de Klerk unbanned the ANC and other anti-apartheid organisations, and announced that Mandela would shortly be released from prison. Mandela was released from Victor Verster Prison in Paarl on February 11, 1990.
On the day of his release, Mandela made a speech to the nation. He declared his commitment to peace and reconciliation with the country's white minority, but made it clear that the ANC's armed struggle was not yet over: “Our resort to the armed struggle in 1960 with the formation of the military wing of the ANC (Umkhonto we Sizwe) was a purely defensive action against the violence of apartheid. The factors which necessitated the armed struggle still exist today. We have no option but to continue. We express the hope that a climate conducive to a negotiated settlement would be created soon, so that there may no longer be the need for the armed struggle.”