The police raid on the final day of the Congress of the People was the prelude to a massive treason trial. On 5 December 1956, beginning at 4 a.m., police arrested leaders of the Congress Alliance in all parts of South Africa. The accused, at first numbering 156, reflected the multi-racial composition of the Alliance. Amongst those arrested were Chief Albert Luthuli, Nelson Mandela, Oliver Tambo, Joe Slovo, Moses Kotane, Ahmed Kathrada, Duma Nokwe, Helen Joseph and Ruth First.

They were accused of participating in a “countrywide conspiracy”, inspired by international communism, to overthrow the state by violence. The state used the Freedom Charter as part of its evidence. According to one of the 156 accused, Prof Z.K. Matthews, the state charged that “drafting and adopting the Freedom Charter was an overt act of High Treason, part of a plot to overthrow the state by violence”.

The atmosphere of a military operation was created by carefully coordinated air transport of the accused to Johannesburg from the various centres. Ultimately charges were withdrawn against all but 30 of the accused. In March 1961, the Special Criminal Court set up to hear the case acquitted all, holding that the policy of the Congress Alliance including the Freedom Charter, had not been to overthrow the State by violence or to replace the existing order with a dictatorship of the proletariat.

The trial was characterised by mass popular support for the accused, manifested in demonstrations and in extensive financial assistance. Amongst the defence team that secured their acquittal was Abram Fisher QC.

Elliott Tshabangu remembers the feelings of the people at the time.

Tshabangu: When the treason came in ‘56, we used to sing that, nê, Unzima Lomthwalo – this burden is heavy. This treason, it was no joke, but we didn't retreat. We were active beyond the limit of active. The Charter was in the front line now.

To support the trialists we moved up and down, up and down. We contributed the last money we were getting. Every week, pay so much. It was often so little, but we managed to do that.