Nelson Mandela's contributions to the cause of social justice
are legendary. Less well known is the role Mandela's experience and
training as a lawyer played in his successful transformation of a
country on the cusp of civil war into a functioning democracy. The
son of a Thembu chief, Mandela developed an early interest in the
law while watching his father mediating disputes at tribal council
sessions.
Mandela was the first in his family to attend college. Later, he
enrolled as the only native African law student at the University
of the Witwatersrand, and became involved in the African National
Congress (ANC). The ANC sought to reform laws, such as The 1913
Land Act, which deprived blacks of most of their territory. Mandela
realized that the goals of justice touted by South Africa's legal
system could be used to shine a light on the hypocrisy of the
country's racist laws.
In 1953, Mandela and a friend from college, Oliver Tambo, opened
the only African-run law firm in South Africa. Because many
everyday activities were criminalized for blacks under Apartheid
laws, blacks often found themselves in court. Mandela and Tambo
provided affordable legal representation for many who would
otherwise have faced trial without representation.
Mandela discovered that trials could be a powerful instrument of
social change. Courts at the time were unconstrained by the
restrictions imposed on black South Africans. Mandela's courtroom
performances capitalized upon the etiquette he picked up in his
British-influenced education, his mastery of debate and his strong
belief in justice. Like the tribal council sessions, the courts
provided a space where conflicting interests could be deliberated.
Through artful advocacy, Mandela took advantage of the tools of the
law, and the values of law and liberty, which white authority had
claimed for itself.
After spending nearly a decade honing his legal talent, Mandela
applied these skills to the daunting task of creating a democratic
South Africa. When tried for acts of resistance against the
government, he participated in his own defense, showcasing the
values of freedom, fairness and democracy and juxtaposing them
against a society that dishonored those values. At his Rivonia
Treason Trial, rather than take the stand as a witness, he chose to
make an impassioned speech for democracy which catapulted him onto
the world stage. Although many believed the trial would end in a
death sentence, Mandela was given life imprisonment.
During a 27-year incarceration, Mandela and his colleagues, many
behind bars, crafted the legal ideas that would eventually birth a
modern democracy in South Africa. Emerging from prison in 1990
empowered, and foreseeing no gains from acrimony, Mandela
miraculously led the way to peace and democracy with the same
regime that had imprisoned him.
In 1994, Mandela became president of South Africa's first
multi-ethnic government. Under his leadership, Apartheid was
finally dismantled. In 1996, Mandela oversaw the enactment of a new
democratic constitution, developed by South Africans from both
sides of the political divide. He also established the Truth and
Reconciliation Commission, leading the way for a more lasting civic
cohesion.
On Dec. 5, 2013, Nelson Mandela died, leaving the world a far
better place. For lawyers, Mandela's legacy serves as an example
for our own practice through the values he was willing to put his
life on the line for: human rights, democracy and equitable laws
for all.