Fischer joined the
Communist Party of South Africa (SACP) in the 1940s and soon rose to leadership positions. The CPSA had a close relationship with the
African National Congress (ANC) and in 1943, Fischer co-authored revisions to the constitution of the ANC. In 1946 he was charged with incitement arising out of his position as a leader of the CPSA and the
African Mine Workers' Strike of that year. After the CPSA was dissolved and banned in 1950, he became Chairman of the illegal South African Communist Party when it was established underground in 1953. Alongside
Issy Maisels and others, Fischer played an integral role on the defense team in the
Treason Trial of 1956 – 1961 where Mandela and many other anti-apartheid activists were acquitted on 29 March 1961. In his
autobiography, Mandela affectionately recalls Fischer reading the left wing publication
New Age at his table during the trial proceedings. Fischer led
Nelson Mandela's legal defence team at the
Rivonia Trial of 1963 – 1964. By a coincidence, Fischer had not been present at the raid on
Liliesleaf Farm, although he had in fact been part of the trusted Rivonia inner circle. A number of documents seized by authorities were in his handwriting. Mandela and co-defendants were sentenced to life imprisonment instead of the death penalty, which the state prosecutor
Percy Yutar had been asking for. This was considered a victory for the defence. International pressure also played a role. At this time, Fischer's role as leader of the
SACP was unknown even to his closest white friends. After the verdict, Bram Fischer visited the Rivonia trial prisoners on
Robben Island to discuss the question of an appeal in their case. Wishing to protect the prisoners, he did not tell them of his wife’s death one week earlier. After the meeting, Mandela learned about Mrs. Fischer's death and wrote to Fischer, a letter that his prison guards never delivered. A few days later, Fischer was himself arrested, held in solitary confinement for three days and then released. On 23 September 1964, he was again arrested and joined the 12 white men and women facing charges of being members of the illegal South African Communist Party. The 1964 State versus Abram Fischer legal procedure accused Abram Fischer of: • (1) Sabotage in contravention of section 21(1) of Act No. 76 of 1962; • (2) Contravening section 11(c) with sections 3(1)(a)(i), 1, 2(1), 11(i) and 12 of Act No. 44 of 1950 as amended; • (3) & (4) Contravening section 11(c) with sections read with sections 3(1)(a)(iv), 1, 2(1), 11(i) and 12 of Act No. 44 of 1950 as amended; • (6) & (7) Contravening section 11(a) read with sections 1, 2(1), 11(i) and 12 of Act No. 44 of 1950 as amended; • (8) - (13) Fraud, alternatively, contravening section 9(1) read with section 10 of Act 1 of 1937, alternatively to count 11, Forgery & Uttering; • (14) Forgery & Uttering; • (15) Forgery & Uttering. Fischer was released on bail to handle a patent case in
London. He applied for bail to attend to his case. In his appeal to the Court in the bail application, he stated: I am an Afrikaner. My home is in South Africa. I will not leave my country because my political beliefs conflict with those of the Government. Fischer returned to South Africa to face trial despite pressure put on him to forgo his £5,000 bail and go into exile. One day, after proceedings began, he did not arrive at Court and instead sent a letter to his counsel,
Harold Hanson, which was read out in court. He wrote: By the time this reaches you I shall be a long way from Johannesburg and shall absent myself from the remainder of the trial. But I shall still be in the country to which I said I would return when I was granted bail. I wish you to inform the Court that my absence, though deliberate, is not intended in any way to be disrespectful. Nor is it prompted by any fear of the punishment which might be inflicted on me. Indeed I realise fully that my eventual punishment may be increased by my present conduct... My decision was made only because I believe that it is the duty of every true opponent of this Government to remain in this country and to oppose its monstrous policy of apartheid with every means in his power. That is what I shall do for as long as I can... What is needed is for White South Africans to shake themselves out of their complacency, a complacency intensified by the present economic boom built upon racial discrimination. Unless this whole intolerable system is changed radically and rapidly, disaster must follow. Appalling bloodshed and civil war will become inevitable because, as long as there is oppression of a majority, such oppression will be fought with increasing hatred. Fischer went underground to support the liberation struggle against apartheid. In doing so, he went against the advice of Mandela, who had advised him to support the struggle in the courtroom, "where people could see this Afrikaner son of a judge president fighting for the rights of the powerless. But he could not let others suffer while he remained free. […] Bram did not want to ask others to make a sacrifice that he was unwilling to make himself." Fischer was struck off the advocate's roll in 1965 in a trial completed in his absence. Advocates
Harold Hanson,
Sydney Kentridge, and
Arthur Chaskalson defended him at the hearing.
Vernon Berrange led the defence case and
Ismail Mahomed (who later became Chief Justice in the new South Africa) and
Denis Kuny acted as Junior Counsel. == Imprisonment and death ==