In 1953 Nair joined the secretly reconstituted
South African Communist party and was a leading member of the
South African Congress of Trade Unions when it was formed in 1955 and served on its national executive committee. Nair was among the 150 activists arrested with Mandela on 5 December 1956 and charged with
treason. The marathon
Treason Trial of 1956–1961 followed. Two months into the trial, the initial indictment was dropped, and immediately a new indictment was issued against 30 people, all ANC members. He was acquitted of all charges. Speaking of the incident, Nair later remarked, "The State wanted to actually bottle us up, thinking that the struggle will die out...".
Umkhonto we Sizwe: 1961–1963 After the banning of ANC in 1960, Nair became a member of the underground organization
Umkhonto we Sizwe (MK) which was led by Mandela. Nair went underground for two months before being arrested and detained for 3 months. He was banned for 2 years which was subsequently extended to 5 years in 1961.
Robben Island: 1963–1984 On 6 July 1963, Nair was arrested and charged with
sabotage and attempting to overthrow the government by violent means and sentenced to 20 years on
Robben Island along with other members of the Natal Command of MK, including
Curnick Ndlovu,
Ebrahim Ebrahim, Natoo Barberina, Riot Mkwanazi, Albert Duma,
Eric Mtshali and 12 others. Billy Nair, as Prisoner 69/64 (the 69th prisoner of 1964) served in the same block as Mandela and
Kathrada. Billy Nair was assaulted multiple times in prison quite seriously and he joined multiple efforts including a five-day hunger strike to bring about reforms at the prison. In this, he partially succeeded. He was punished severely for his efforts by isolation and removal to the common block. He was also denied food and educational privileges for various periods of time. There was controversy on which groups were instrumental in making the changes in Robben Island, including the provision of beds of prisoners, permission to study and improved meals with various groups claiming credit. Upon release, he remarked on this, "when I came out of prison in 1984 I actually publicly said that these Coopers, the
AZAPOS, the
Strini Moodleys and the whole shoot of them actually came into a five star hotel. We changed the conditions so much that they were living in milk and honey virtually." he also obtained study privileges in time and completed B.A. (in English), and B.COM degrees through the
University of South Africa. Even though he completed most of the required classes toward a B.PROC degree, he had to abandon it after several detentions.
Sonny Venkatrathnam, a fellow prisoner smuggled a copy of
Shakespeare into the prison in which all the leading prisoners marked their favorite passages; this copy was later called the Robben Island Bible. Billy Nair chose Caliban's lines from
The Tempest: 'This island's mine, by Sycorax my mother'.
United Democratic Front: 1984–1990 Nair was released from prison on 27 February 1984 and immediately joined the
United Democratic Front (UDF), a
popular front against apartheid that had been established the year before. He was elected to the national executive committee and regional executive committee of the UDF, became vice-chairperson of the Durban Central Residents' Association, and established the Centre for Community and Labour Studies, a labour-aligned
think-tank. After a judge ordered their release in early September, Nair and five others –
Archie Gumede,
Mewa Ramgobin,
George Sewpershad, M. J. Naidoo, and
Paul David – sought to avert their re-arrest by taking refuge in the
British consulate in Durban. As one of the so-called
Durban Six, Nair sheltered in the consulate between September and December 1984. At the end of the ordeal, he was the only one of the six who was not re-arrested and charged with treason in the
Pietermaritzburg Treason Trial. Although he escaped treason charges, Nair was detained again in late August 1985 and held under the
Internal Security Act, 1982.
He was ultimately released on 9 October 1985. Transition: 1990–1994 Nair left hiding after the ANC and SACP were unbanned in February 1990 at an advanced stage of the
negotiations to end apartheid. However, on 23 July 1990, he and several other Operation Vula operatives were arrested in Durban. During his subsequent detention, Nair suffered a
heart attack, and he was released shortly after undergoing
double bypass surgery. In July 1990 he was elected to the
SACP Central Committee, == National Assembly and retirement ==