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Nor did their professional status earn Mandela
and Tambo any personal immunity from the brutal
apartheid laws. They fell foul of the land segregation
legislation, and the authorities demanded that
they move their practice from the city to the
back of beyond, as Mandela later put it, miles
away from where clients could reach us during
working hours. This was tantamount to asking
us to abandon our legal practice, to give up
the legal service of our people... No attorney
worth his salt would easily agree to do that,
said Mandela and the partnership resolved to
defy the law.
Nor was the government alone in trying to frustrate
Mandela s legal practice. On the grounds of
his conviction under the Suppression of Communism
Act, the Transvaal Law Society petitioned the
Supreme Court to strike him off the roll of
attorneys. The petition was refused with Mr
Justice Ramsbottom finding that Mandela had
been moved by a desire to serve his black fellow
citizens and nothing he had done showed him
to be unworthy to remain in the ranks of an
honourable profession.
In 1952 Nelson Mandela was given the responsibility
to prepare an organisational plan that would
enable the leadership of the movement to maintain
dynamic contact with its membership without
recourse to public meetings. The objective was
to prepare for the contingency of proscription
by building up powerful local and regional branches
to whom power could be devolved. This was the
M-Plan, named after him.
During the early fifties Mandela played an
important part in leading the resistance to
the Western Areas removals and to the introduction
of Bantu Education. He also played a significant
role in popularising the Freedom Charter, adopted
by the Congress of the People in 1955.
In the late fifties, Mandela s attention turned
to the struggles against the exploitation of
labour, the pass laws, the nascent Bantustan
policy, and the segregation of the open universities.
Mandela arrived at the conclusion very early
on that the Bantustan policy was a political
swindle and an economic absurdity. He predicted,
with dismal prescience, that ahead there lay
a grim programme of mass evictions, political
persecutions, and police terror. On the segregation
of the universities, Mandela observed that the
friendship and inter-racial harmony that is
forged through the admixture and association
of various racial groups at the mixed universities
constitute a direct threat to the policy of
apartheid and baasskap, and that it was to remove
that threat that the open universities were
being closed to black students.
During the whole of the fifties, Mandela was
the victim of various forms of repression. He
was banned, arrested and imprisoned. For much
of the latter half of the decade, he was one
of the accused in the mammoth Treason Trial,
at great cost to his legal practice and his
political work. After the Sharpeville Massacre
in 1960, the ANC was outlawed, and Mandela,
still on trial, was detained.
The Treason Trial collapsed in 1961 as South
Africa was being steered towards the adoption
of the republic constitution. With the ANC now
illegal the leadership picked up the threads
from its underground headquarters. Nelson Mandela
emerged at this time as the leading figure in
this new phase of struggle. Under the ANC's
inspiration, 1,400 delegates came together at
an All-in African Conference in Pietermaritzburg
during March 1961. Mandela was the keynote speaker.
In an electrifying address he challenged the
apartheid regime to convene a national convention,
representative of all South Africans to thrash
out a new constitution based on democratic principles.
Failure to comply, he warned, would compel the
majority (Blacks) to observe the forthcoming
inauguration of the Republic with a mass general
strike. He immediately went underground to lead
the campaign. Although fewer answered the call
than Mandela had hoped, it attracted considerable
support throughout the country. The government
responded with the largest military mobilisation
since the war, and the Republic was born in
an atmosphere of fear and apprehension.
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