During the Defiance Campaign, the Public Safety Act and the Criminal Law Amendment Act were passed. These Statutes provided harsher penalties for offences committed by way of protests against laws. Despite this, the protests continued and the ANC adhered to its policy of non-violence. In 1956, 156 leading members of the Congress Alliance, including myself, were arrested on a charge of high treason and charges under the Suppression of Communism Act. The non-violent policy of the ANC was put in issue by the State, but when the Court gave judgement some five years later, it found that the ANC did not have a policy of violence. We were acquitted on all counts, which included a count that the ANC sought to set up a communist state in place of the existing regime. The Government has always sought to label all its opponents as communists. This allegation has been repeated in the present case, but as I will show, the ANC is not, and never has been, a communist organization.

In 1960 there was the shooting at Sharpeville, which resulted in the proclamation of a state of emergency and the declaration of the ANC as an unlawful organization. My colleagues and I, after careful consideration, decided that we would not obey this decree. The African people were not part of the Government and did not make the laws by which they were governed. We believed in the words of the Universal Declaration of Human Rights, that 'the will of the people shall be the basis of authority of the Government,' and for us to accept the banning was equivalent to accepting the silencing of the Africans for all time. The ANC refused to dissolve, but instead went underground. We believed it was our duty to preserve this organization which had been built up with almost fifty years of unremitting toil. I have no doubt that no self-respecting White political organization would disband itself if declared illegal by a government in which it had no say.

In 1960 the Government held a referendum which led to the establishment of the Republic. Africans, who constituted approximately 70 per cent of the population of South Africa, were not entitled to vote, and were not even consulted about the proposed constitutional change. All of us were apprehensive of our future under the proposed White Republic, and a resolution was taken to hold an All-In African Conference to call for a National Convention, and to organize mass demonstrations on the eve of the unwanted Republic, if the Government failed to call the Convention. The conference was attended by Africans of various political persuasions. I was the Secretary of the conference and undertook to be responsible for organizing the national stay-at-home which was subsequently called to coincide with the declaration of the Republic. As all strikes by Africans are illegal, the person organizing such a strike must avoid arrest. I was chosen to be this person, and consequently I had to leave my home and family and my practice and go into hiding to avoid arrest.