Gava Kassiem
The seminal political document the Freedom Charter is regarded by many as one of the greatest political manifestos ever written.
Similarly, the Freedom Charter also serves as a blueprint for human rights. Indeed, a major tribute if one considers that the charter is the only document in history that was thoroughly canvassed by the people. The adoption of the charter signified an ideological shift for the ANC.
The Freedom Charter has blazed through South African history since its inception and its visionary preamble that proclaims that South Africa belongs to all who live in it, black and white, and that no government can justify, or claim, authority unless it is based on the will of the people.
The ANC Youth League, founded in 1944, and spearheaded by Nelson Mandela, Oliver Tambo and Walter Sisulu initiated a militant programme of action, which resulted in a letter calling on the prime minister to abolish all oppressive, discriminatory legislation by the end of February 1952, failing which the ANC would implement a plan for the defiance against such laws.
The Defiance Campaign united most of the liberation movements, namely the African National Congress, the South African Indian Congress, the South African Coloured People's Congress, the South African Congress of Democrats and the South African Congress of Trade Unions, known as the Congress Alliance.
Thus, driven by a great sense of injustice, and drafted in reaction to a specific political reality, the Freedom Charter was adopted in Kliptown, Johannesburg on June 25, 1955.
The masses finally had a tangible vision of an alternative South Africa based on the following humanitarian principles:
l The people shall govern.
l All national groups shall have equal rights.
l The people shall share in the country.
l The land shall be shared among those who work it.
l All shall be equal before the law.
l All shall enjoy equal human rights.
l There shall be work and security.
l The doors of learning and culture shall be opened.
l There shall be houses, security and comfort.
l There shall be peace and friendship.
A story of an old man who treasured his Xhosa copy of the Freedom Charter in a goatskin tobacco pouch for 10 years epitomises the intensely personal attachment to the Freedom Charter. And, later, former secretary-general of the Congress of South Africa Trade Unions Zwelinzima Vavi would relate how they held competitions as student activists about who was the best at memorising the charter, and some even composed songs to extol its virtues.
Hence, it is sometimes referred to as the People's Charter.
And former ANC president chief Albert Luthuli explained that the Freedom Charter was an attempt to “give flesh and blood meaning to such words as democracy, freedom, and liberty in the South African context”.
The government's response to the Charter was to intensify police raids across the country in a desperate attempt to find evidence of treason and sedition.
It was during one of these raids that Mandela, Sisulu and other senior ANC members were held under the Suppression of Communism Act for leading the campaign. The government maintained that the objective of the Defiance Campaign was to transform the political, industrial, economic and social structure of South Africa through unconstitutional and illegal methods.
In addition, they argued that the campaign encouraged feelings of hostility between blacks and whites with the expressed objective to promote the aims of communism. During the treason trial, the State endeavoured to prove that the abolishment of race in South Africa would not occur without violence. But Advocate Vernon Berrangé declared:
"The defence puts it that the ideas and beliefs as enshrined in the charter, though abhorrent to the policy of the present government, are those of the vast majority of all mankind, of all races and colour, as well as that of the vast majority of the citizens of this country."
In response, Parliament passed the Public Safety Act and the Criminal Law Amendment Act to prevent any defiance campaigns, and eventually banned the Freedom Charter in March 1977. But, by now, the country was on a collision course. The people have made a commitment that nothing would stop their forward march to freedom. The impact of the Freedom Charter continued to gain momentum because key organisations fighting against apartheid such as the United Democratic Front (UDF) adopted the Freedom Charter as their guiding document.
From such humble beginnings, the Freedom Charter commanded consideration from the international community. Therefore, its principles are reflected in the principles of the Organisation of African Unity and policy statements by the Front Line States, which condemn the ideology and practice of racism. In addition, the principles of the Freedom Charter are in accordance with the Universal Declaration of Human Rights as proclaimed by the United Nations. On December 12, 1979, the General Assembly to the UN adopted Resolution 34/93/0 entitled "Declaration of South Africa".
Deliberations around the actual implementation of the Freedom Charter occurred in 1997, three years into the new democratic dispensation. Today the Freedom Charter is viewed by some as being notoriously ambiguous, especially the clause dealing with economics.
It is argued that various provisions of the Charter were not included in the new Constitution and that the socialist principles contained in the Freedom Charter were not honoured by the very people who emphasised its importance.
A comparison is often made between India and South Africa, quoting President Nehru who said prior to India's independence: “I see no way of ending the poverty, the vast unemployment, the degradation and the subjection of the Indian people except through socialism.”
However, some are of the opinion that the Freedom Charter's intentions have been overtaken by reality and that a gap exists between what the Freedom Charter proposes and what reality is presenting. But it would be wise to heed former President Nelson Mandela’s sobering comment:
"Like other enduring political documents, such as the American Declaration of Independence, the French Declaration of the Rights of Man and the Communist Manifesto, the Freedom Charter is a mixture of practical goals and poetic language."
In conclusion, the Freedom Charter embodies the liberation struggle that assisted the world's public opinion to understand the righteous struggle of the oppressed people of South Africa, and enabled South Africa to obtain the solidarity and support of the great majority of humanity. So, as much as some individuals, including politicians would like to discount the critical role played by the Freedom Charter, the people of South Africa would never allow the Freedom Charter to be relegated to the dusty archives of South African history. After all, its principles are firmly entrenched in the Constitution of South Africa.