section_path: Early revolutionary activity/Congress of the People and the Treason Trial: 1955–1961
section_name: Congress of the People and the Treason Trial: 1955–1961
paragraph_text: Congress of the People and the Treason Trial: 1955–1961
  
  We, the people of South Africa, declare for all our country and the world to know: That South Africa belongs to all who live in it, black and white, and that no government can justly claim authority unless it is based on the will of the people.
  
  — Opening words of the Freedom Charter
  
  After taking part in the unsuccessful protest to prevent the forced relocation of all black people from the Sophiatown suburb of Johannesburg in February 1955, Mandela concluded that violent action would prove necessary to end apartheid and white minority rule. On his advice, Sisulu requested weaponry from the People's Republic of China, which was denied. Although the Chinese government supported the anti-apartheid struggle, they believed the movement insufficiently prepared for guerrilla warfare. With the involvement of the South African Indian Congress, the Coloured People's Congress, the South African Congress of Trade Unions and the Congress of Democrats, the ANC planned a Congress of the People, calling on all South Africans to send in proposals for a post-apartheid era. Based on the responses, a Freedom Charter was drafted by Rusty Bernstein, calling for the creation of a democratic, non-racialist state with the nationalisation of major industry. The charter was adopted at a June 1955 conference in Kliptown, which was forcibly closed down by police. The tenets of the Freedom Charter remained important for Mandela, and in 1956 he described it as "an inspiration to the people of South Africa".
  
  Following the end of a second ban in September 1955, Mandela went on a working holiday to Transkei to discuss the implications of the Bantu Authorities Act, 1951 with local Xhosa chiefs, also visiting his mother and Noengland before proceeding to Cape Town. In March 1956, he received his third ban on public appearances, restricting him to Johannesburg for five years, but he often defied it. Mandela's marriage broke down and Evelyn left him, taking their children to live with her brother. Initiating divorce proceedings in May 1956, she claimed that Mandela had physically abused her; he denied the allegations and fought for custody of their children. She withdrew her petition of separation in November, but Mandela filed for divorce in January 1958; the divorce was finalised in March, with the children placed in Evelyn's care. During the divorce proceedings, he began courting a social worker, Winnie Madikizela, whom he married in Bizana in June 1958. She later became involved in ANC activities, spending several weeks in prison. Together they had two children: Zenani, born in February 1959, and Zindziswa (1960–2020).
  
  In December 1956, Mandela was arrested alongside most of the ANC national executive and accused of "high treason" against the state. Held in Johannesburg Prison amid mass protests, they underwent a preparatory examination before being granted bail. The defence's refutation began in January 1957, overseen by defence lawyer Vernon Berrangé, and continued until the case was adjourned in September. In January 1958, Oswald Pirow was appointed to prosecute the case, and in February the judge ruled that there was "sufficient reason" for the defendants to go on trial in the Transvaal Supreme Court. The formal Treason Trial began in Pretoria in August 1958, with the defendants successfully applying to have the three judges—all linked to the governing National Party—replaced. In August, one charge was dropped, and in October the prosecution withdrew its indictment, submitting a reformulated version in November which argued that the ANC leadership committed high treason by advocating violent revolution, a charge the defendants denied.
  
  In April 1959, Africanists dissatisfied with the ANC's united front approach founded the Pan-Africanist Congress (PAC); Mandela disagreed with the PAC's racially exclusionary views, describing them as "immature" and "naïve". Both parties took part in an anti-pass campaign in early 1960, in which Africans burned the passes that they were legally obliged to carry. One of the PAC-organised demonstrations was fired upon by police, resulting in the deaths of 69 protesters in the Sharpeville massacre. The incident brought international condemnation of the government and resulted in rioting throughout South Africa, with Mandela publicly burning his pass in solidarity.
  
  Responding to the unrest, the government implemented state of emergency measures, declaring martial law and banning the ANC and PAC; in March, they arrested Mandela and other activists, imprisoning them for five months without charge in the unsanitary conditions of the Pretoria Local prison. Imprisonment caused problems for Mandela and his co-defendants in the Treason Trial; their lawyers could not reach them, and so it was decided that the lawyers would withdraw in protest until the accused were freed from prison when the state of emergency was lifted in late August 1960. Over the following months, Mandela used his free time to organise an All-In African Conference near Pietermaritzburg, Natal, in March 1961, at which 1,400 anti-apartheid delegates met, agreeing on a stay-at-home strike to mark 31 May, the day South Africa became a republic. On 29 March 1961, six years after the Treason Trial began, the judges produced a verdict of not guilty, ruling that there was insufficient evidence to convict the accused of "high treason", since they had advocated neither communism nor violent revolution; the outcome embarrassed the government.