Statement at Interview Concerning Banning Order Served On Him under the Suppression of Communism Act, May 1952

It is not possible for me at the moment to outline the precise and practical steps that will be undertaken to defeat the ban imposed upon me by the Minister of Justice. This matter will no doubt receive the consideration of the joint meeting of the National Executive of the African National Congress and the South African Indian Congress when it meets at Port Elizabeth on May 31.

The darkness of fascism is rapidly descending upon the country - the rule of law is being blatantly violated by the Government of Dr. Malan. It is self-evident that laws are made by the State for the maintenance of law and order and for the good government of the country. But when laws are made in defiance of the rule of law then the party in power is not making laws but imposing fascist tyranny and dictatorship on the people.

The Suppression of Communism Act is one of these laws and cannot be allowed to operate with impunity as it threatens the civil liberty and freedom of movement of every South African citizen who finds himself in legitimate opposition to the apartheid policy of the Nationalist Government.

It is clearly the duty of every citizen to obey the laws of the State but all laws made in defiance of the rule of law and the principles of democracy are bad and unjust and cannot therefore be tolerated by the people for long. Such laws are bound to meet with the bitter resentment of the people.

When all normal constitutional avenues for voicing the opposition of the people against certain unjust laws are ruthlessly closed by the Government then the people have no alternative but to express their disapproval even by defying these laws.

It is in this context that the plan for the defiance of unjust laws undertaken by the African National Congress and the South African Indian Congress would have to be viewed by the Government and people of South Africa.