The Trial of Nelson Mandela (Rivonia Trial): Closing Statement of Arthur Chaskalson
(for the defendants)

May it please your Lordship, the State has told your Lordship that this trial is a trial for murder and attempted murder. The indictment alleges military training and sabotage. But despite this the accused have been subjected to cross-examination on murder, incitement to murder and attempted murder. The evidence presented to the court on these claims is all hearsay, and the existence of these claims has never been substantiated in this court. There has been a mass of inadmissible evidence which bears no relation to the indictment. The defense will not even deal with these allegations as they have nothing to do with the case. The defense concedes that Umkhonto we Sizwe recruited men for military training and that members of Umkhonto committed acts of sabotage. The defense denies, however, that they committed all the acts of sabotage with which they are charged. I will demonstrate to your Lordship, from the evidence, that there were other organizations in South Africa committing acts of sabotage at the time in question....
        
Even if the State had succeeded in proving that certain acts of sabotage were committed by Umkhonto, that is not the end of the matter. The accused who the State said were the leaders of Umkhonto are only responsible for the acts falling within the designated policy of Umkhonto. The evidence is that Umkhonto’s policy was only to commit acts of sabotage against government and public property which it labeled symbols of apartheid. The evidence further shows and stands corroborated by the evidence of the State witnesses Mtolo and Mthembu that the clear policy of Umkhonto was sabotage without loss of life. The authorities show that if one member of the conspiracy goes out and commits an act falling outside the ambit of the conspiracy, his fellow conspirators are not legally liable for such acts. On this basis the accused, who adhered at all times to a policy designed to avoid danger to life, were not responsible for acts of sabotage committed even by proved members of Umkhonto against their instructions. The accused accordingly disclaim all responsibility of bomb attacks on private houses...