2601.

EXAMINATION BY MR. VAN PER WALT CONTD. (Reading - ) Our celebration of this day will "be meaningless if it does not arouse in us definite feelings and responses in answer to specific calls such as : A CALL TO COMMEMORATE PAST DEEDS OF FREEDOM: Let us (5 here in all humility remember that we, of this age and hour are the first and only ones who have struggled for the liberation of the people of our land and so it behoves us to gratefully recall men and women of all ages to our day who, in defence of freedom, in an ex- (10 alted or humble way, voluntarily sacrificed most devoted-ly and dearly for for it to the extent that some of them made the supreme sacrifice....... A CALL TO RE-DEDICATION AND INTROSPECTION. The occasion should be a call to all to dedicate/re-dedicate them- (15 selves unreservedly to the cause of freedom. Our act of remembrance would lose reality and purpose if it ended as a mere eulogy of past efforts in the freedom struggle and did not inspire us with a fresh determined resolve to continue the fight until freedom is won. Our(20 re-dedication should result in our complete surrender to the cause of freedom:

I omit the rest. PM.14Ais a message by W.M. Sisulu, Secre-tary General of the African National Congress, and is the same as A.101. Now dealing with documents mentioned in (25 column 2, Schedule No. 4, PM.l is a Socialist Six of the World by Hulett-Johnston.. PMr2 is a book "Understanding the Russians." Now, on the same date, the 5th December, 1956, did you go to a certain office ? — ^es, I did.

And who accompanied you there ? — Philemon Mathole (30 accompanied me.

Did he point out the office ? — He took me down into

2602.

the "basement at 37 West Street, Johannesburg, And there in his presence did you take possession of

documents ? — Yes. Whose office was this — do you know the office ? — He

claimed it to "be his office. (5 Will you look at Exhibit PM.16 ? — I have it here. And PM.17, 18 and 19 ? — Yes. Where did you find them ? — I found these all in the

basement at 37 West Street, Johannesburg. Did anybody claim them ? — It was claimed by Philemon (10

Mathole. PM.17 is resolutions passed at Transvaal Annual Confer-

ence, passed at the Bantu Hall, Lady Selborne Pretoria, on the 3rd and 4th November, 1956. PM.16, mentioned in Column 3, bulletin of the World Council of Peace. PM.17 is the same as JK.20. And PM.18, draft constitution of the African(l5 National Congress, I am handing it in for possession only. PM.19, Speakers Notes, Passes for Women, I am handing this in for possession only. That is all from this witness. (No further questions) CROSS-EXAMINED BY MR. KENTRIDGE: Mr. Pienaar, have you got (20 Exhibit AEP.9, I don't think you put that in. ? — I have it now.

What is it please, can you tell us ? — It is marked "A Message to the African people and their allies in the struggle for freedom in the Union of South Africa." (25

And on page 3, it is signed "Albert J. Luthuli, Presi~ dent General, African National Congress," is that correct I take it to be so.

And it is dated June 15th, 1953, and it also deals with the significance of June 26th ? — I do not know the contents(30 of that document.

2603.

BY MR. VAN PER WALT: Milords, I may point out that this witness could not identify that document, that is why I omitted it. But if my learned friend wants to put it in I will consent to it, as having been found in the possession of A.E. Patel. (5 CROSS-EXAMINATION BY MR. KENTRIDGE CONTD.: The point is then that you can't identify this document ? — I can't identify this document.

Then I can't take it any further. Mr. Pienaar, were there documents that you took on that occasion, or on the (10 occasion when you searched the house of Philemon Mathole, were there documents which you took which you did not put into Court, either here or at the Preparatory Examination

were ? — I presume that the documents/taken by me at the house of Patel. I am unable to identify all of them. (15

Did you teke a number of documents ? — I took a number of documents.

Which weren't put into Court ? — That is so. And at that place were there a large number of docu-

ments?— At Patel's house? (20 Yes ? — Yes, there were a large number of documents I

took. Of different kinds ? — Of different kinds. A lot of political books ? — Yes. And you didn't take them all ? — No, I didn't take them (25

all. (No further questions) NO RE-EXAMINATION: BY MR. K3NTRIDGE: Milords, before the next witness is called, Your Lordships will recall that Mr. Poison stood down. Now, (30 as far as he is concerned, I have been shown the list, and I don't require him any further.

2604. EDWARD DAVID GEMIS, duly sworn, EXAMINED BY MR. VAN PER WALTs You are a detective constable in the S.A. Police, stationed at Johannesburg ? — Yes.

On the 5th December, 1956, did you conduct a search ? — Yes. (5

Where ? — Plat No, 3, on the corner of Lilian and Bree Streets, Pordsburg.

Who occupied that flat ? — An Indian by the name of A.E. Patel.

Was he present ? — Yes, (10 And did you see this Indian A,E. Patel at the Pre-

paratory Examination as an Accused ? — Yes. And did you take possession of certain documents from

the flat ? — Yes, Will you now look at the documents before you, are (15

they marked AFP.16 ? — Yes, AEP.17 ? — Yes, AEP.2C ? — Yes. AEP.24 ? — Yes. AEP.26 ? — Yes, (20 AEP.27 ? — Yes. AEP.32 ? — Yes. AEP.33 ? — Yes. AEP.35 ? — Yes. AEP.36 ? — Yes. (25 AEP.13 ? — Yes. AEP.14 ? — Yes. AEP.21 ? — Yes. Where did you find them ? — In a bookshelf in the

lounge. (30 In the flat ? — Yes. Did anybody claim them ? — The Accused at the Preparatory

2605

Examination.? Is that A.E. Patel ? — Yes. Now, the documents before you, did you put your iden-

tification mark on them ? — Yes. Will you look at your mark and read out the place where (5

you found these documents ? — Plat No. 1. Is that the flat you said ? — That's right, (Documents

handed to Prosecutor) Did anybody aocompany you ?—Yes. Who ? — Head Constable Pienaar. (10 Is that the last witness ? — Yes. AEP.16 is "Fighting Talk," May 1955, and will be dealt

with under G.1132. AEP.17, "For Peace and Friendship," issued by the S.A, Society for Peace and Friendship with the Soviet Union. This will be dealt with at a later (15 stage. I am handing them in for possession only. AEP, 20, "For Peace and Friendship," issued by the S.A. Society for Peace and Friendship with the Soviet Union, this will also be dealt with at a later stage, and I am handing it in for possession only at this stage. AEP,24, is a report (20 of the National Consultative Committee presented to the Joint Executives of the African National Congress, the S.A, Indian Congress, the S.A. Coloured Peoples Organisa-tion, the S.A. Congress of Democrats, the S.A, Congress of Trade Unions. This is the same as C.975, and on page 4 (25 there is an article on the struggle against passes, it is the same as the article read under P.J.92. AEP.26 is a Special Supplement, "Why is the Cult of the Individual Alien to the spirit of Marxism-Leninism." I am handing this in for possession and it will be dealt with at a (30 later stage, AEP.27, Resolutions adopted at the Conference

2606.

of the Natal Indian Congress held in Durban, 22nd-23rd, 24th June, 1956. Annexure 1, the first resolution is on f/orld Peace, the second one Bandoeng Conference, and then attached to this document, there is a roneod document, the "Communist Manifesto of 1948," and this will be dealt with fully at a (5 later stage. I am handing it in for possession, AEP.32, are certain lectures, the first lecture starts on page 4, and then there are other lectures "Colonial Policy and Nationalism," "War or Peace," "Integration and Segregation in South Africa," "Class and Race,rt ^National Liberation (10 and Socialism." I am handing these in for possession at this stage. They will also be dealt with at a later stage. AEP|33) are resolutions of the Ninth Annual Conference of the Natal Indian Congress, and I am referring to reso-lution, Annexure No. 6, which deals with the Freedom Char* (15 ter and the meeting at Kliptown on June 26th, 1955. And then Annexure 10, page 4, at the top, reads -

NATAL INDIAN YOUTH CONGRESS: The 9th Provincial Conference of the Natal Indian Congress notes with satisfaction that the Natâ _ Indian Youth Congress has (20 now reorganised itself on a much stronger footing, and that already there are indications that the Youth Con-gress is destined to play a vital role in the struggle for liberation in this country. All over the world, and more particularly in the colonial and semi-colonial (25 countries, the Youth are actively participating in the struggles being waged in their respective countries. In many of these struggles the youth are playing a van-guard role; and this Conference is confident that the Natal Indian Youth Congress will also play its rightful (30 role in the struggle to implement the demands embodied in the Freedom Charter, Conference requests that: regular

2607

regular joint meetings of the executive committees of the N.J.Y.C. and the N.I.C, he held to discuss matters of common interest.

And page 6, the first paragraph -Conference welcomes the hold stand taken hy the S.A.- (5 Congress of Trade Unions in defence of the working class interests and urges all workers to devote them-selves to the organisation and strengthening of S.A.C.T.U. so as to enable the realisation of the following provisions of the Freedom Charters "There (10 Shall be Work and Security ......

Page 7, Annexure 18, New Age -This Conference places on record its sincere apprecia-tion to New Age, the only national newspaper that has given and continues to give full support to the struggle(15 for liberation being waged in this country by the Con-gress movement. Conference realises that without New Age its task of mobilising support from the masses of the people will be immeasurably weakened. Conference therefore calls on all units of the Natal Indian Con- (20 gress to make New Age its particular responsibility by: (1) Helping to increase sales in the areas, factories and shops; (2) collecting funds for the continued exis-tence of this indispensable organising weapon of the Progressive movement in South Africa, (25

AEP.35, Natal Indian Congress, Agenda Book, 9th Annual Provincial Conference, Durban 22nd - 24th June, 1956, This will be dealt with under NIC.130. AEP.36, 22nd Conference of the S.A. Indian Congress held at Johannesbug 19th to 21st October, 1956, and this is the same as PJ.92. (30 AEP.13, mentioned in column 2, Schedule No, 4, the Soviet Union in the Struggle for Peace, A,A. Gromyko, Speech at

2608.

Closing Conference of Foreign Ministers Deputies, June 21st," AEP.14, "The Nations can Live in Peace," "The Soviet View." AEP,21,"Britain's Debt," Nicolai Bulganin and Nikita Kruchev, (No further questions) CROSS-EXAMINED BY MR. PLEWMAN: Mr. Gemis, you also took (5 certain other documents which are not put in, and I would like those numbered 19, 22 and 23 ? — Yes.

In the meantime, while those are being brought, I can go on with something else. I want to deal with AEP*35>, That is the Agenda Book of the 9th Annual Conference of the (10 Natal Indian Congress

Have you looked at AEP, 19, 22 and 23 ? — Yes. Are they documents taken by you in the course of your

search ? — Yes. AEP,23, I just want to put to you what the title of the (15

document is. It is a booklet "The Western Areas Removal Scheme," facts and viewpoints, and it is published by the S,A. Institute of Race Relations ? — Yes,

I merely want to show the position by the co-conspirator of this document ? — Yes. (20

The sarn? goes for AEP,22, which is a booklet "Verdict on Racialism," which is published by the Indian Inform&'t&Ofn Services, New Delhi. Again merely to show possession ? — Yes.

The third one is AEP.19, which is a pamphlet "Some As-

2609. Naicker, and it was read to the Conference because he was banned, and at page 23, I want to read an extract of what was there said — he first paragraph on page 23 -

Conference knows too well my fervent belief is non-violence and knows my great abhorrence for violence. (5 I am satisfied that violence cannot achieve the objec-tives of freedom that we hold so dear and I realise that on the colonial front a great deal of violence that exists today is violence which has been imposed on the oppressed people by the very nature of subju^ (10 gation We declare unequivocally against colonialism and give our wholehearted support to the fight for freedom throughout the world. In the fight against colonialism the people of Africa are daily playing an increasing (15

role and we in South Africa must make a common cause with the rest of our brethren in this emergent Africa, ,,,,

(No further questions) NO RE-EXAMINATION: JOHANNES HENDRIK GOUWS. duly sworn. (20 EXAMINED BY MR. VAN PER WALT: You are a lieutenant, S.A. Police, stationed at Durban ? — Yes,

On the 5th December, 1956, did you go to a certain house at Western Native Township, Johannesburg ? — Yes,

What address, can you remember it ? — 2069, Letanka (25 Street, Western Native Township,

And who was the occupier of that house ? — Elias P, Moretsele.

Was he present ? — He was. Can you identify him ? — The second person in the (JO

second row. (Accused No. 12) And did you conduct a search in that house ? — Yes,

2610.

And did you take possession of documents ? — Yes. Now, will you look at the documents before you — are

they marked EPM.14 ? — Yes. EPM.15, EPM.16, 17, 18, 19, 20, 21, 22, 23, 25, 27, 28,

29, 30, 31, 32, 38, 41, 42, 48, 50, 57, and then EPM.12 and (5 13 — are they there ? — Yes,

Where did you take them ? — In the house. The house you searched ? — Yes. And did anybody claim them ? — The Accused said it was

hi*j (10 EPM,14, is "Liberation," November 1956, which will be

cUalt with under G.1150. EPM.15, African National Congressr Annual Report of the National Executive Committee, 431'd Annual General Conference of the African National Congress held at the Masabele Hall, Bloemfontein, 16th-l8th December (15 1955, this will be dealt with under LLM.81. EPM.16, Bulletin fTshedwe", Vol. I No. 1, and this will be dealt with under NRM.30, EPM.17, "Liberation" March 1956, to be dealt with under G.1114. EPM.18 "Fighting Talk," November 1956,. will be dealt with under G.1132, EPM#19, is a letter signed by (20 J,B. Mashile for O.R. Tambo, Acting Secretary-General, African National Congress, dated 30th November, 1955,

Dear Sir, you are hereby notified that a meeting of the national executive will take place on the 16th December at 2 p.m. at Bloemfontein," (25

EPM,20, constitution of the African National Congress, handed in for possession only. EPM.21, Lectures of the A,N,C. "What every Congress member should know," the same as WS.56. EPM.22, membership card of the African National Congress, Western Native Township Area, Province Trans*. (30 vaal, name, E.P. Moretsele, 1956. EPM.23, Congress of the People, Special Pictorial issue of the Call, the same as

2611. • y

B„95\ And EPM.25 is the draft constitution of the S.A, Federation of Women, and is handed in for possession only. EPM.2 7, is a letter signed by Y. Puthini, Secretary African National Congress Youth League, 9th November, 1955• Paragraph 1 - (5

This serves to introduce the African National Congress Youth League.

And it mentions that it was formed by such persons as W.M. Sisulu - paragraph 1. I hand that in. EPM.28, is the Transvaal Women's Day, Conference of Transvaal Region of (10 the Federation of S.A. Women. It appears to be an agenda, and address by Mrs, Lilian Ngoyi, National Vice-President, Federation of S.A. 'Women, and National President, A.N.C, Women's League. And then it also mentions: "12.20, Bantu Education, Mr. Robert Resha." And "Afternoon Session, (15 Chairwoman, Mrs. L. Ngoyi, 2.15, "The History of the Pass Laws," Mrs. Helen Joseph, and 3.30 "Passes for African Women," Miss Bertha Mashaba. And EPM.29, is a memo on draft constitution. It will be dealt with under CM.28, it is handed in for possession only. EPM.30, draft constitution (20 of the African National Congress, handed in for possession only. And EPM.31, Rules and Regulations of the N.E.C. and it deals with the N.E.C. of the African National Con-gress, and it discusses the rules and the scope of the rules which should govern the N.E.C. of the A.N.C. EPM.32, a (25 document "Programme," I am reading paragraph lf Interna-tional Policy -

The African National Congress is totally opposed to imperialism, colonialism and all forms and manifesta-tions of national and racial oppression. .... (30

I omit the rest of the paragraph. And paragraph 3 deals

2612.

with economic policy of the African National Congress -The African National Congress holds that political democracy remains an empty form without substance unless it is properly founded on a bse of economic and especially industrial democracy. Its economic (5 policy can therefore be stated under the following sub-headings :- (a) Land: The African National Congress stands for far-reaching agrarian reforms in the fol-lowing directions: (i) The re-division of land among the peasants of all nationalities on an equitable (10 basis (b) Industry: The African National Con-gress aims at (i) The full industrialisation of South Africa in order to raise the level of culture and the standards of living of the workers (c) General National Economy: Further, and generally, the African (15 National Congress aims at a national economy which will: (i) Embrace all peoples and groups within the State. (ii) Eliminate discrimination and injustices and ensure a just and equitable distribution of the national wealth among the people, ...."

EPM.38, Programme for building a Mass Youth League, the same(20 as A.54. EPM.41, is a circular, 13th November, 1956, signed P, Mathole, Provincial Secretary, African National Congress, Transvaal, EPM.42, is also a circular signed Pt Mathole, Transvaal Province, African National Congress, Transvaal, dated 7th February 1956. EPM.48 is the Freedom (25 Charter, the same as A.10, EPM.50, is the Struggle Against Passes, and this article was read under PJ.92, And EPM.57, is a typed document,unsigned, undated, in which it is stated that the National Executive Committee of the A,N,C, supports S,S,A.W. in the campaign against the passes. EPMr12 appears(30 under column 2 of Schedule No, 4, it is "N.S. Kruchev, Report

2613.

of the 20th Congress of the Communist Party of the Soviet Union, February 14th, 1956. EPM.13, Directive of the Sixth Five-Year Plan of the U.S.SfR. (No further questions) CROSS-EXAMINED BY MR. KENTRIDGE; Mr. Gous, are you a member (5 of the Special Branch ? — No.

Were you at the time you conducted this search ? — I was not a member.

I understand, Mr. Gous, that this search of yours at the house of Mr. Moratsele, took from about 5 o'clock in (10 the morning until about 8 o'clock ? — That is so, from about 5 a.m. to 7.30, I should say.

And we can take it then that the documents you have handed in to Court are but a small proportion of the docu-ments actually found by you in the house ? — The documents (15 handedin are not all I found.

One of the documents you have handed in is EPM.15, which is a report of the 43rd Annual General Conference of the African National Congress, held at Bochabele Hall, Bloemfon-tein, on the 16th-l8th December, 1955. There are a few (20 passages in this which I wish to place on record, through you, Mr. Gous. On page 1, the programme, it starts with the opening of the Conference by singing of national anthems, then devotion by Rev. W.S. Gawe, National Chaplain, Welcome of Delegates by the Speaker of the House. And then as (25 usual it starts with a number of messages, and you will find messages there, and then we come to a special message from Albert J. Luthuli President-General of the African National Congress. It begins by some references to the illness of the writer, and says that he has been ill through-(30 out this year. Were you yourself stationed in Durban in 1955 ? — I was not.

2614.

"V -

So you don't know anything about A.J, Luthuli's illness ? — No.

Well, after this reference to illness, later on on the page, there is the following ;

One of the most significant features in the development (5 of our struggle is that the African National Congress in recent years, after much internal questioning and discussion, adopted a militant programme of action in 1949. This programme was a direct outcome of the con-viction that had been growing among the people that the (10 white people in South Africa had no intention of extend-ing democratic rights to the non-whites. The discrimina-tory laws that disgrace the Statute Books of successive white governments from colonial days to the present day are proof enough of the white man's hostility to the (15 progress of Africans and the non-white people in general.

Then after dealing with discriminatory laws - Page 7 -Congress in alliance with her allies in the liberatory Movement, the S.A. Indian Congress, the S.A, Coloured Peoples Organisation and latterly the S.A, Congress of (20 Democrats, has consistently directed her resources and energies in resisting tyranny and oppression. On June 26th 1950, Congress together with her allies called upon the people of South Africa to observe this as a day of mourning and prayer, In June 26, 1952, the great de- (25 fiance of unjust laws campaign was launched, then, there is a reference to June 26th, 1955, on which the Congress of the Paople met, and the next paragraph reads -We have bee.i busily engaged in a laudible effort to establish a spirit of defiance of unjust laws and treat- (30 ment along non-violent lines, and in getting Africans

2615.

to see that no-one is really worthy of freedom until he is prepared to pay the supreme sacrifice for its attain-ment and defence. We have unquestionably met with a measure of success in both our objectives, since we can truthfully claim that Congress followers have (5 shown marvellous restraint in the face -of• police provo*-cation. We can also claim that we have established an inner core of bitter-enders in fighting oppression The faithful few of whom we can say as said Sir Winston Churchill of the defenders of Britain in the Battle (10 of Britair. "Never have so many owed so much to so few„"

And he goes or to say -We cannot say that the Africans are accepting fast enough the Gospel of service and sacrifice. They have not accepted fully the basic truth enshrined in the (15 saying "No cross, no crown." It is time we took stock of methods of planning in prosecuting our campaigns,

Then on page 8, there is a paragraph, ideology — clarity in the ideological field.

Faced as we are with the battle for freedom, it seems (20 a wise plan to say that the African National Congress must not dissipate its energies by indulging in internal ideological feuds, a fight on 'isms'. It is not prac-tical and logical however to expect Congress to be colourless ideologically. She must in some way define (25 or re-define her stand and outlook, as regards for ex-ample her interpretation of African Nationalism which she made the philosophic basis of struggle for freedom.

And then the paragraph, strengthening of disciplinary control. There does 3 3em to be laxity in the machinery of Con- (30 gress resulting in lack of sound disciplinary behaviour in some Congress levels. Manifestations of such behav-

2616

iour at any Congress level anywhere must create con-fusion and uncertainty in the ranks of Congress.

It ®ds "Yours in the cause of freedom," and it is signed "Albert J. Luthuli." Then there is a report of the national executive on page 9, one of the paragraphs is headed (5 "Colonialism will be overthrown, it will take longer in some countries than others...," And then after that a paragraph which I won't read, but I note the heading, it is called "Bandoeng marks a new era,," Mr, Gous, you also put inEPM.23, a booklet called "Album: Congress of the (10 People," it consists largely of pictures, it also starts with an article by Chief Albert J. Luthuli, with a photo-

"•Mm W'V graph , and I want to read this paragraph from it -

Right from its inception the Congress of the People met with terrific antagonism from the Government and (15 many 'responsible' Europeans. They subjected it to the most vigilant and malicious propaganda, such as labelling it as Communist inspired and controlled. When the truth was known that the idea originated in the circles of the African National Congress from mem- (20 bers who could not possibly be accused of Communistic leanings, even some supposedly liberal minded people cold shouldered the Congress. During the campaign meetings were hounded and raided by the Special Branch of the police.

Then later on "What Next?" And it says - (25 The next stage in the Congress of the People campaign

•» ,, t •

is the collection of individual signatures to the Free-dom Charter. In addition to obtaining individual support for the Charter, the campaign will attempt to win en-dorsement of the Freedom Charter by organisations (30 throughout the land.

2617.

Then here there are photographs of people at the Congress of the People, photographs and scenes of people at the Con-gress of the People, and in it are photograph? of gome of the people on the platform, wearing a type of unifolta. Now, I would just like to show these photographs to the Courty (5 the photographs on this page and the next page (handed t6 Their lordships). (Pages numbered by Mr. Kentridge, blue ticks on top right-hand corner.) BY MR. JUSTICE RUMPFF: Is the question whether the people on these pages are wearing uniforms? (10 BY MR. KENTRIDGE: I simply want to draw Your Lordships* attention to a sort of uniform being worn, viz. a sort of forage cap and a type of sash. For the rest, it is an ordinary lounge suit. CROSS-EXAMINATION BY MR. KENTRIDGE CONTD.: Now, Mr. Gous, (15 have you by any chance seen members of the African National Congress, or the Indian Congress, wearing that type of forage cap ? — I have not.

It is really that forage cap, Milords. Mr, Gous, ano-ther exhibit which you put in was EPM.29, that is a memo (20 on draft constitution, it is undated and it is unsigned, but for what it is worth I read from the top of page 4 -

This memorandum on a proposed draft constitution says -throughout it refers to the A.N.C. so that it is clear that what is referred to is the A.N.C., so that it is clear that (25 what is referred to is the draft constitution for the A.N.C. The draft constitution also enables us for the first time to have a really f irst-class office that would function a£ befits the H.Q. of an organisation as important as Congress,. At the moment there is no such office in Congress. And then (30 it says -

Obvious results of adoption of main features of draft:

2618

Some of the results which will "be immediately apparent in the suggested draft if adopted are (i) there will he a more national approach rather than parochial to problems. (ii) There will he greater opportunities for exercising uniform discipline throughout the country. (5 (iii) The policies and programmes adopted by our Supreme Body the National Conference will be applied more cer-tainly. (iv) The N.E.C. will have its pulse on develop-ments in every part of the country, (vii) The H.Q, will become strong and capable of carrying out its functions.(10 (viii)The Congress will function more nearly as one man than before, and (xii) Our present sluggish machinery with its circuitous manner of transmitting decisions will lend itself to rapid execution of decision.

Then there is also EPM.32 which is headed ''Programme," and (15 it also relates to the African National Congress, although "it isundated and unsigned. There is a paragraph 2 "Political Outlook" which reads -

The Congress believes that freed from the present coujrb̂ less oppressive, harassing and humiliating shacHes and (20 restrictions, that having attained their liberty and freedom, the Africans will make an immense contribu-tion to the progress and culture of the world. The purpose cf the Congress in organising and in engaging in political activities, therefore, is to set the (25 Africans iree £ud to enable them to give their best to the science of government, the happiness and progress of mankind, the art of living with others and inter-racial relationship.

Now, some parts my learned friend read out. Paragraph 3(a)(30 is land, he read sub-paragraph (i). The ramining sub-paragraphs relate to scientific methods of agriculture.

2619

Then he read 3(h) (i), and then 3 (b) on Industry also goes on to talk also of the abolition of industrial colour bars, the establishment of technical schools, the establishment of full right of employment, and then under General National Economy, which says that it aims at a national (5 economy which will embrace all peoples and groups within the State, and (iv) which wasn't read at all, is education policy which states that the ultimate goal is 100$ literacy amongst thepeoples in order to ensure the realisation of an effective democracy, And it says : (10

The Congress stands for the policy of assimilating the best elements in other civilisations and cultures into the firm basis of what is good and durable in the Afri-can's own culture.

(No further questions) (15 RE-EXAMINED BY MR. VAN PER WALT: I refer to EPM.29, para-graph 3, that is the memo on the draft constitution of the A.N.C.

We have got to realise that we are aiming at the seizure of power over the whole country and thus (20 should be cur outlook. In our programmes we have achieved this but not in our organisational thinking.

The last paragraph -Eor that reason although the constitution makes no mention of local organs of administration to co-or- (25 dinate branches on behalf of the N.E.C., there is pro-vision for the N.E.C. itself to constitute such organs in its discretion bearing in minds the aims and objects of Congress which are to govern this country in the name of the people in the shortest possible time, (30

(No further questions.)

2620o

JURGENS SMITH, duly sworn, (Interpreted) EXAMINED BY MR, VAN PER WALT: You are a detective head con-stable, S.A.Police, stationed at Port Elizabeth ? — Yes.

During 1955, were you stationed in Johannesburg ? — Yes. On the 27th September 1955, did you search a certain (5

house at Newclare ? — Yes. Which address ?-- Ida Road No, 45. Who was the occupant of the house ? — Prank Madibe. Was he present when you conducted the search ? — He was. And can you say whether he appeared as an Accused at (10

the Preparatory Examination of this case ? — Yes, he was there.

And did ycu take possession of certain documents

Did anybody claim them ?— Prank Madibe did. (15 Will you look at the following exhibits, FM,1, 3, FM.4,

PM.5 — did you find those documents in that house on that day ? — Yes.

FM.l, is membership card, in the name of Prank Madibe, 1955, and signed J, Nkadimeng, for Treasurer-General — (20 membership card of the African national Congress. FM.3 is "Liberation," No, 9 of 1954, which will be dealt with under Exh. G, 1150. FM„4 "New Life in China" by Ruth First, handed in for possession only, And FM.5, a booklet "South Africans in the Soviet Union," the same as A.197, (25 On the 27th did you conduct a search at a

• J',: tfc , . native eating house ? — Yes, that is correct, No. 4 Prit- -chard Street, Johannesburg.

And do you know who was the owner of that native eating house ? — E,P. Moretsele . (30

And was he present when you searched ? — He was. Can you identify this person, E.P, Moretsele ? — Yes,

2621.

I will "be able to identify him, Please look at the Accused and see if he is here ? — The

second one in the second row. (Accused No. 12). And will you look at the following exhibits; EPM.l, 1A,

2, 3, 4, to 11, and then 69 to 73 ?-- Yes. (5 Did you take possession of those documents there in the

native eating house ? — That's right. Where in this native eating house ? — There is an office

at the back of the premises. Did anybody claim those documents ? — Moretsele. (10 You hand them in ? — Yes, EPM.l is a book, and on the inside of the cover there

is written in ink "This is the first of a series of articles written by Mr. W.M. Sisulu, Secretary General, African National Congress, in which he gives a scientific analysis (15 of the struggle for African Liberation in Southern Africa, In the next instalment Mr. Sisulu investigates into the "Emergence of the African National Congress," And then there is written in ink, "Our Immediate Task in the National Liberatory Struggle," and I am reading from page 1. (20

In dealing with the abovementioned subjects it is necessary briefly to outline the history of our politi-cal struggle in order that we should know and learn from such past struggles. It should however be noted that the study of various liberatory struggles in (25 other parts of the world have been more appropriate though the conditions may differ from those of our country. Such an approach would enable us to arrive at the best conclusion, and would benefit us in our struggle. This paper will lack this valuable aspect and I hope (30 that other people will deal with it since I cannot do so here*

2622.

Then page 3 -Economic Forces underlying "the political issues: To understand more fully the invasion of South Africa hy white settlers it becomes necessary to analyse the economic faces underlying historical and even contempo-(5 rary political problems. It is a well-known historical fact that the growing imperialistic interest in Europe forced a foothold on South Africa and this led to the invasion of South Africa by Hollanders originally.

I omit the rest of the page, and on page 4, the first para- (10 graph -

....Later invasions by the British brought about a con-flict of economic interests between the settlers from Holland and the builders of the British Empire. The conflict of the two imperialisms resulted in a further (15 extension inland of the imperialist system ....

Then page 11, paragraph 1 -It is generally assumed, quite wrongly, that the method of struggle of the A.N.C. was solely confined to depu-tations and petitions. This assumption is completely (20 wrong. In 1919, Congress launched, in the Transvaal, a campaign against the passes which culminated in the burning of passes in Johannesburg. Through this Defiance Campaign Congress leaders and hundreds of their followers were arrested, (25

Page 18 -The Movement of the People. During and after the Second World War the people showed their impatience and intol-erance of various effects of oppression. These found expression in various spontaneous movements, such as (30 the so-called Squatters movement, the boycott of means of transport, the defiance of Government restrictions

2623. by the peasantry and the workers struggle against their intolerable conditions. Particularly significant in their regard, mainly because of their effectiveness, are the defiant occupation of land by houselesspeople under leadership of Mr. J.S. Mpanza, the Alexandra (5 bus boycott, the *Vitzieshoek resistance and the Pretoria municipal workers protest. It must be noted with deep regret that no political organisation worthy of the name rose to the occasion and utilised the grie-vances of the people to co-ordinate the struggle to the (10 benefit of national liberation The new era began in 1950 when for the first time in history the struggle the oppressors were put on the defensive and the offensive passed on to the oppressed. The successful struggle of May the 1st, the first (15 nation-wide political struggle of June the 26th, and the well-known campaign for the Defiance of Unjust Laws (which began on June 26th, 1952) are indications of this offensive. Before I proceed with our immediate task in the struggle, we must have a clear political (20 ideology and theory. Congress must have, not only a will to freedom but a body of knowledge and theory to arm and equip itself in the struggle. The feeling of oppression and sense of burning grievances cannot alone be enough. Congress must understand the mechanism and (25 reasons for oppression in this age. Although our oppres-sion is national in character, it has, nonetheless an economic basis. The lot of the exploited Africans in the Union is repeated elsewhere in the Union, in Malaya, throughout the African continent, in the Phillipines, in(30 the Middle East and other places. Our struggle is not an exclusive one or one separated from the strivings of the colonial peoples everywhere for rational independence.

2624.

Our theory cannot and must not he a narrow nationalism hut must he one which sees world events as a whole. We need a progressive African Nationalist as distinct from chauvinism. A colour and racial view can dis-tort the eye of the African as it has done to the (5 Afrikaner. Fortunately, Congress provides such a pro-gressive nationalism and it is the duty of our theore-ticians and propagandists, to prevent a development of chauvinism in the interest of the organisation. It must he remembered that we have allies among other (10 racial groups, even progressive Whites in this colour-mad South Africa. Politics as a science and the struggle for freedom of oppressed people is not a hit-and-miss game decided by the idiosyncracies of the personalities in the leadership. Our methods of (15 struggle irust be embarked upon after full, thorough and scientific apprisals of our aims, forces at our

command, and the strength of cur enemies,.,,,. I omit the % • t of the paragraph.

Our immediate task: Our immediate task is to consoli- (20 date the national organisations, to create a state of preparedness for a nationwide action capable of being sustained for a long time. How cqn this be achieved? This can be achieved and must be achieved by the full organisation of (a) the intellectuals, professionals (25 and businessmen, (b) The workers, (c) The Peasants.

X am omitting a paragraph, and then -The Trade Unions should and must be the pillar of the National Liberatory movement because the struggle of the non-European workers for higher wages and better (30 working conditions is interwoven with the struggle for National Liberation. However, it would be incorrect to

2625.

saythat only members of trade unions should become members of Congress. There are other workers who do not fall within a particular trade union, and yet they too must be brought to the fold of Congress, The most politically Congressmen should infiltrate into (5 and actively organise trade unions. This in effect means that Congress will use every man, woman and child who accepts its policy for national independence. The Trade Union Movement

The articles goes on to page 26, discussing the trade union(10 movement, and I continue reading from page 28 -

The African National Congress is the undisputed leading organisation leading the African people in South Africa, It has become a political power in the country and enjoys a high reputation here and abroad as a result of posi- (15 tive action, namely that of the Defiance Campaign. The Defiance of Unjust Laws campaign has created a militant outlook on the part of the struggling masses. It has aroused a world-wide interest in the struggle against reactionary forces, and has brought about international(20 hostility against South Africa. Since the beginning of this campaign, the A,N,C, membership has increased beyond expectation and has passed the 100,000th mark, the Cape being the most highly organised Province ....

I omit the rest of the paragraph. The next paragraph - (25 To achieve our victory we must strive for the clear-ness of aim, unity, organisation, discipline and self-sacrifice of the entire African people,"

EPM.1A is a document Walter Sisulu, Duma Nokwe, will speak(30 on what we saw in Russia, February 9th. EPM.2 is the Freedom Charter, ,.,., BY MR. JUSTICE RUMPFF:SPM.1A. we have a note "The whole." Are

2626.

you putting it in for possession, or what? BY MR. VAN DZR WALT: Merely for what I have read, that Walter Sisulu, Nokwe and others will speak at that particu-lar meeting, EXAMINATION BY MR. VAN PER WAIZT CONTD.: EPM.3, is a letter (5 written in pencil "Yours in the struggle, J. Mathe, 658, 8th Street, Germiston,19/9/55. Mr. Moretsele, Johannesburg -

Dear President, Please give hearer, Mr. Mofokeng of Natalspruit, 40 cards, African National Congress."

EPM.4, is a letter, Secretariat, S.A, Peace Council, 24th (10 January, 1955. EPM.5, is the Peace Movement and the Congress of the People, the same as A.248, EPM.6, docu-ment 2, Problems of Organisation, Peace Circles must strengthen the peace movement, the same as A,249. And EPM.7, document called "The People of South Africa, Black (15 and 'v'hite must speak together of freedom." It is handed in for possession only, EPM.8, is a circular "National Action Council of the Congress of the People," undated, the same as C.56. EPM.9, constitution of the S.A,Congress of Trade Union,s the same as AM.97, handed in for possession, (20 EPM.10, African National Congress Transvaal, resolutions adopted by 41st Annual Conference of the African National Congress, held at Queenstown on I8th-20th December, 1953. This will be dealt with under NRM.12E. BY MR. JUSTICE BEKKER: Mr. Van Der Walt, I am just wonder- (25 ing, quite a number of documents we have been told will be dealt with later on. Aren't we building up a mountain, shouldn't we read them now? BY MR. VAN D^R WALT: In respect of "Liberation" and "Fighting Talk," perhaps, but in respect of the other documents I do (30 not think so. We have control documents, for instance, in this case NRM.12E, that will be put in under the documents

2627

of the Accused, Nelson Mandela, "but the"Fighting Talks" and "Liberation", that may "be done. EXAMINATION BY MR. VAN PER WALT CONTP.: EPM.ll, is "The Call," March 1955, the same as A.119. EPM.69, "Fighting Talk," August 1955, dealt with under G.1132. EPM.70, (5 is speaking together, and it deals with the Freedom Charter. I hand it in merely for possession. EPM.71, National Libera-tion, Struggles in Asia, the same as C.281A. EPM.72, Circular, to all branches of the African National Congress, Transvaal, the same as A.58. EPM.73, "The Call" May 1955,(10 special issue, the same as A,118. Now on the same day, the 27th September, 1955, did you go to the house of E.P, Moretsele ? — Yes.

Pid he accompany you there ? — Yes, Where is the house ? — 2069, Letanka Street, Western (15

Native Township, And did you conduct a search there, in his presence ? —

Yes. And did you take possession of documents ? — Yes. And did anybody claim the documents ? — Moretsele did, (20. Now, will you look at the documents marked EPM.58 to 65;

and 67 and 68 ? — Yes. Where did you find these documents ? — At Moretsele's house

during the search, EPM.58, "Fighting Talk," November 1955, will be dealt (25

with under G.1132, EPM.59, is "Listen Young Friends," the same as B.5. IPM„60, "For Peace and Friendship," bulletin of the S.A, Society for Peace and Friendship with the Soviet Union, and it will be dealt with at a later stage, EPM.61, is ^Why Friendship with Russia," and announces a public (30 meeting at the Trades Hall, Sunday 11th September, where the speakers would be Rev. P.O. Thompson, Mrs. Lilian Ngoyi

2628.

Leslie Masina, and Dr. H.M. Moosa. Issued under the aus-pices of the S.A. Society for Peace and Friendship with the Soviet Union. EPM.62, "Fighting Talk," July 1955, it will "be dealt with under G.1132. EPM.60, a roneod document, S.A. Peace Council, the first paragraph - (5

The following declaration made by the Bureauof the World Council of Peace at Vienna on September 15th, 1954, is issued for your information. This important statement issued in preparation for the forthcoming session of the world Council of Peace on November 18th (10 merits the close attention of all supporters and friends of peace.

EPM.64 appears under column 3, Schedule 4. Bulletin of the World Council of Peace, dated October 1st, 1954* EPM.65, document, the development of African Nationalism, by W.M. (15 Sisulu, reprint from VolX No, 3 of "India Quarterly, July-

September, 1954." It is handed in for possession only, I am omitting EPM.67. EPM.68, African National Congress, Annual Report of the National Executive Committee to the 42nd Annual Conference, Durban, 16th to 19th December, (20

1954, the same as A,37, (No further questions) BY MR. KENTRIDGE: Milords, the only question which troubles us here -is .what is meant by my learnsd friend saying that he is putting inEPM',55-for possession only. I don't know (25 whether that means that an expert is going to deal with this document later, or whether it is simply to show pos-session by E.P. Moretsele of a document by '/.M, Sisulu. BY MR. VAN PER WALT: That is so. BY MR. KENTRIDGE: Well, Milords, I Just want to place this (30 on record that this document, EPM.65 is a reprint from Vol.X

2629.

No, 3 of the India Quarterly, July-September 1954, published by the Indian Council of World Affairs in New Delhi, and it starts off with a quotation, apparently from Mr, John Poster Dulles, and for the rest, we are satisfied to have it in on that basis, (5 PETRUS CORNELIUS PUVENHAGE, duly sworn, EXAMINED BY MR. VAN PER WALT: During 1956 you were a detec-tive sergeant, S,A,Police, station ? — At Poornfontein, Johanne sburg.

On the 5th Pecember, 1956, did you conduct a search at (10 a certain house ? — Yes.

Where ? — 82, Third Avenue, Alexandra Township, Who was the occupant of the house ? — Tennyson Makiwane, Was he present ? — Yes, And can you say whether this person Tennyson Makiwane (15

appeared as an Accused at the Preparatory Examination, Johannesburg ? — Yes,

And did he take possession of documents ? — Yes, Pid anybody claim the documents he took ? — He claimed

them. (20 Will you look at the documents now before you. Are they

marked as follows: TM.2, 4, 5-7, 8-12, 18, 21, 22, 25-27, 33, 34, 37, 38, 42, 45, 49-51, 56-60, 64-66, 68A, 73, 75 77, 81, 83 to 87, omitting 84, 88- 91, 95, 98 ? — Yes.

And then TM.l, 13, 15-17, 23, 30, 31, 35, 36, 40, 41 (25 I am omitting 45; 52, 54, 55, 62, 63, 69, 71, 72, 78, 39 and 74, Where did you find them ? — In the room where I arrested the Accused.

Not the Accused, the person T.X. Makiwane ? — Yes. EXAMINATION CONTINUEP BY MR. TERBLANCHE: The first document (30 is TM.2, and it is 1 million signatures for the Freedom Charter, and it is the same as A.2. There appear a number

2630.

of signatures on this document. BY MR. JUSTICE RUMPFF: Well, why do you mention that? Do they appear on A.2, BY MR. TERBLANCHE: There appear signatures on A.2, but not the same, (5 BY MR. JUSTICE RUMPFF: Well, shouldn't you read them out — if you want them in the record, BY MR. TERBLANCHE: I only want the fact in the record that this is not a blank document, but that it is actual signa-tures. (10 EXAMINATION BY MR. TERBLANCHE CONTD.: TM.4-, this is a letter, a roneod circular letter from the African National Congress, undated, it reads -

Dear Friend, Your kind Attention is drawn to the fact that an annual general meeting of members of our branch (15 will be held on Sunday the 31st October, 1954. And it then gives the places where the meeting will be held. This meeting is of vital importance in that a new branch executive committee will be elected, and it is signed, Secretary, E.G. Malewa, 13, 4th Avenue, and (20 chairman, G. Nene, 132, 3rd Avenue,"

Will you look at that, and the envelope — was that found inthe envelope ? — Yes,

Was the envelope open or closed ?—It was open. And the envelope is addressed to Mr. Solomon Malete, (25

186 First Avenue, ? — Yes. The next is TM.5 to 7, these are three "Liberations,"

the first is No, 17 of March, 1956; the second is No. 18 of April, 1956, and the third is No, 19 of June, 1956, and all three will be dealt with under G.1114. The next is TM.8(30 it is an exercise book, and it is written in pencil, the pages have been numbered only on the front of the page, and I

2631.

read from the hack of page 3, Saturday's speakers, Mr. Mavuso, Mr. Mzo Mr. Makiwane.

The next is meeting of 24/11 /1955, I skip that, and then there is 8.30 p.m.

In the absence of Mr. Mavuso Mr. Makiwane was made (5 the chairman.

Then the hack of page 6, "Passes for Women" -Mr. Makiwane in opening the discussion started off by reminding the members of the 27th October, recommended that the fight should be general not confined to women (10 proper preparations like mass conferences and mass delegation,,,.

Page 11, Lecture -Mr. Makiwane continued with his lecture on the history of Congress starting with the period from 1949 till (15 1952, the Defiance Campaign era.

That is the meeting of the 26th January, 1956. The next is TM.9, a lecture, what every Congress Member should know, and it is the same as WS.56. The next is TM.10, Memorandum on the Anti-Pass Campaign, that is the same as B.259, (20 It was read in. The next is TM.ll, a circular, from O.R. Tambo, Secretary-General, dated 30th October, 1956, and I read paragraphs 1 and 2.

Circular letter to Provinces.Memorandum on Anti-Pass Campaign. The Memorandum on the Anti-Pass campaign (25 drawn by the A.N.C. and submitted to the National Con-sultative Committee for its consideration, has finally been completed. You are directed to immediately embark on the Anti-Pass Campaign as directed in the Memorandum. A full study of this memorandum by committees on all (30 levels must take place. Those Provinces which are still to hold their Provincial Conferences before December this

2632.

year must put on the agenda the discussion of this memorandum.

The next is TM.12, It is a draft, a typewritten document and I read from page 1, the first paragraph -

Purpose: The aim "behind the course suggested here is (5 to make our workers acquainted with the "basic features of the South African economy, which in turn will illumi-nate and explain the motive force behind the policies followed by the South African Government, past and present. This course is based on the view that the (10 fundamental motive force driving the ruling classes in this country to adopt the policies they have, has been the need and desire for so-called cheap labour — docile, acquiescent and available when and where wanted. The history of South Africa in modern times is the history(l5 indicating the methods followed to bring the African people into the orbit of a modern economy that is part of the capitalist world. The method chosen in the course is the historical one, because the narrative form, or story form, is easiest to follow. Secondly because most of (20 the workers have a vague idea of the general facts of history and what remains is to explain thedeeper signi-ficance and meaning of these events. In the course of the narrative it is intended to deal with the main legis-lative acts which form the juridical pillar for the (25 structure of the South African (cheap labour ) economy.. Also the course deals with the response or conscious strivings of the people at each point in the narrative,

I then read from page 3, under the heading "Lecturers must emphasise throughout" - (30

1, That the structure rests on the single pillar of cheap labour. (2) That race is merely a weapon used to make the

2633.

exploitation more efficient "by preventing unity "between black and white on the one hand and between the Africans and other national groups on the other. Tribalism now resorted to as well, (3) That a small group in South Africa connected with overseas imperialism is benefiting(5 from the system. That they maintain the system by buying off large sections of the Europeans by means of job monopolies, better wages, privileges, etc. (4) Relate the Freedom Charter to the lectures by referring to the different sections of the Charter, to various acts of (10 the ruling class. (8) Workers must be encouraged to participate in -che activities of the movement, such as selling newspapers, recruiting members, preaching the policies of the movement in their places of work, in church and any associations they are in. (15

The next is TM,18, "South Africa's Way Fcrward"by Moses Kotane, the same as B.79, TM»21, is a questionnaire issued by the S.A, Congress of Democrats, and it is only handed in for possession, TM,22 is a document, roneod document, Speakers Notes on Passes, and it is the same as T.996, (20 TM.25 is a copy of a letter dated 28th November, 1956, from T.X. Makiwane, Acting National Secretary, A.N.C. Youth League, to the Assistant Secretary General, African National Congress^ Johannesburg, The name 'Makiwane' is typed in. The next is T.M.26, a letter, African National (25 Congress, Head Office dated 27th November, 1956, to the National Secretary, A.NcC. Youth League, Johannesburg. From Assistant Secretary-General, D. Nokwe, typed in and signed. -

Dear Friend, We wish to refer you to our August letter (30 in which we requested your league to give us a compre-

2634.

hensive report of its activities, membership, finance, issues taken up for the year 1956

The next is TM.27. This is a letter, copy of a letter dated 12th July, 1956, African National Congress Youth League, addressed to the Secretary, African National Congress Youth (5 League at Bloemfontein, I read from page 2, paragraph 3

The work of the Youth League. We shall write out a fuller statement on the tasks of the Youth Leaguers which are so important today that we have to devote more time to it. Meanwhile we suggest that you read the article (10 by Mr. Duma Nokwe in this month's magazine known as "Liberation." The article is entitled "The Problems of the Youth Movement....Yours for freedom, T.X. Makiwane, Acting National Secretary.

The next is T.M.33, Presidential Report. It is a docu- (15 ment handwritten in ink, the year 1955. I read from page 1, first paragraph -

Great and unprecedent events have taken place both nationally and internationally since our last confer-ence, The world wide movement for the liberation of (20 mankind has assumed even greater heights, from Indo-China to Guetamala, from Cyprus to Malaya, from South Africa to Morocco, The best sons and daughters of the people are engaged in a life and death struggle to throw off age old shackles and to abolish exploitation of man (25 by man. Never before have oppressed peoples been so courageous in their fight for freedom and to set up for themselves independent, progressive and peaceful States*

Then I read from page 2, paragraphs 2 and 3 -The vacillating independent States will now be faced (30 with a cut and dried choice between linking to the

2635. sinking and bakrupt.system of imperialism, and on the other hand to join the cause of the emergent colo-nial and working peoples which seek to establish a free prosperous social and political system. (3) Only the force of the organised millions of Africa, Asia, the rest of (5 the progressive world, can halt the insane designs of the Imperialists to plunge mankind into world war with the view of safeguarding their tcttering profits. Such is the trend of world events today. As part and parcel of the world Africa was bound to be affected, (10 AFRIKA THE LAST IMPERIALIST RESORT. Having been almost entirely expelled from the Continent of Asia, the Imper-ialists new have to make their last stand on our beloved and rich motherland. The French have unleashed a war against the peoples of North Afrika. The British pre- (15 senting unparalleled barbarism have wiped out complete villages in Kenay, they have imprisoned, raped and massacred the Kikuyu people. The situation is hardly brighter in the Rhodesias where leaders of the trade unions and the Liberation Movement are being daily (20 deported..... It stronglj urged • tLo p-'.ioo of reliance"6n the par-ticipation of the masses -— and rejected the'deputatious' form of struggle which characterised the movement then. But now that the mother body is militant and relies on (25 mass action. Can the Youth League maintain its former position or play its former role of acting as a pressure group within Congress? Of course not — recent exper-iences show that such a stand can only be disruptive and can only be to the discredit of the Youth League. (30 The wa out is for us to transform the Youth League from a closed organisation of intellectuals and convert it to a mass movement which studies and serves the needs

2636.

of the Youth. (Refer to programme on "building a mass youth movementj) Sbch then is way things stand. The present situation in the Youth League, is charac-teristic of lack of conscious and organised activity. The Youth League contrary to the neds and urgency of (5 the situation has failed to play its proper role. It is therefore our duty today to review our position and lay new foundation for "building a truly mass youth movement which will play its real role that is to "be the vanguard and spearhead of the liberatory movement. Youth of the(10 vtole country exert yourselves,"

The next is TM.34, Counter-Attack, bulletin of the S.A, Congress of Democrats, July 1956, and it will be dealt with under W.C.43. The next is TM.37, special supplement. Why is the Cult of the Individual Alien to the Spirit of (15 Marxism-Leninism and will be dealt with under NRM,46. TM.38 js the next document, "For Peace and Friendship," informa-tion bulletin, April, 1956, issued by the S.A.Society for Peace and Friendship with the Soviet Union, and it will be dealt with later. The next is TM.42, Forward to Freedom (20 bulletin of the TransvaalConsultative Committee, Vol. II No. 3, dated 18/5/1956, and it is the same as B.262. The next document, TM.45, is a "Fighting Talk," Vol. XI, No. 7, September 1955, and it will be dealt with under G.1132. The next document, TN.49, Lecture 3, "A Change is Needed." (25 It is the same as A,86. TM.50, "The Country we Live in," the same as A.85. The next is TM.51, African National Congress Youth League constitution, it isonly handed in for possession. The next is TM.56,"Should our Women Carry Passes" a roneod circular, advertises a special national conference(30 of the African National Congress, 31st Ma,rch-lst April, 1956, The next is handwritten document, TM,57, 43rd

2637.

National Conference held at the New Bochahela Hall, Bochabela Location, Bloemfontein, 17th - 18th December, 1955.

I only read a small portion from this document. Saturday, 17th December, 1955, the A.N.C.W.L. first (5 annual conference took place at 8 a.m. and closed at 11 a.m. After electing a national executive committee with Mrs. Lilian Ngoyi as a national president,

The speaker announced that Dr. A, Letele would for a (10 time act as President-General as our President-General, chief A.J. Luthuli could not come as a result of his ban or Professor Z.K. Matthews, his deputy would not ar-rive on the day due to some preoccupation, . .....

TM.59, is a "Fighting Talk" — TM.59 consists of two docu- (15 ments, "Fighting Talk, No. 12, August, 1956," and Vol, XI, No, 4, June, 1955. They will both be dealt with under G.1132. The next is TM.60. It is a roneod document, the situation in Hungary, and is the same as B.261, TM,64 is an issue of "Fighting Talk." TM.64 - 66 are three issues of Fighting (20 Talk", the first is Vol. XII No. 7, July 1956, the second is Vol. XII no. 3, March, 1956, and the third is Vol.XI No. 4 June, 1955. They will all be dealt with urxler G.1132, The next is TM.68A, it isa letter African National Congress, Alexandra Branch, dated 9th February, 1956, addressed to the (25 presiding chairman, members meeting. It is signed "Yours in the struggle John Selane, Absolom Mavuso, Conveners of Alexandra Branch." TM.73 is an "Isizwe," March, 1956, it appears in the violence schedule on page 9. COURT ADJOURNS; COURT RESUMES 2.15 P.m.

r 8

2638. EXAMINATION BY MR. TERBLANCHE CONTD.: Milords, before the adjournment I was about to deal with document TM.73. I informed Your Lordships that that document had appeared in the policy schedule the schedule prepared in terms of the Court's Order, it appears on page 9 of that schedule. (5 Item 43. The document is Isizwe, Vol. 1 No, 4, March, 1956. I read from page 1, the editorial, "Murder Will out,"

The last two weeks have seen a few more of those incidents that are becoming a commonplace in the jungle that is Nationalist South Africa, The pattern (10 is regular and identical in every case — a challenge of peaceful and harmless Africans by well-armed and provocative police. The shooting of a few rounds from a sten gun resulting in several deaths and many more wounded. This is followed by the obviously slanted (15 press and radio versions which prepare the country for the usual police statement white-washing the aggressors and placing the blame on the Africans, on agitators, or even on the African National Congress, Finally there is the arrest of Africans on some ridiculous (20 charges. BUT MURD3R WILL OUT sooner or later. Today a bankrupt and decaying social structure supports and

^ sustains this type of incident and the trigger-happy

neurotics that wield the sten gun and rifle. All this is but a symptom of the degeneration of the ruling (25 class and is ofa piece with the tragic drama of the gladiator shows at the Colloseum that announced more surely than anything else the inevitable downfall of the great Roman Empire. Insofar as our people are con-cerned, these incidents emphasize the necessity for (30 organisation, discipline and a complete victory for the Freedom Charter in our country. The creation of a

£

Peoples Democracy will be a sure guarantee of the

2639.

peoples safety from any form of legalised murder. It is then too, after the establishment of People's Rule, that we can deal with those responsible for these crimes against the people. After all prescription does not run in the case of murder. The adoption of the (5 Freedom Charter at the special conference of the A.N.C. held in Johannesburg recently represented a great victory for the forces of progress and democracy in this country.

And it is at the very least symbolic of the times that the National Conference of the C.O.D. meeting at the same (10 time endorsed the Charter. Thus whilst the gulf between the Nationalist government and the African people has become still greater, the unity between the Africans and the Europeans who love freedom has been indissolubly cemented by the adoption of an identical programme. (15 The results of this are incalculable. ...... Nothing is so difficult as planning for counter-offensive at a time when the enemy is attacking on all fronts. To fight a war of attrition which pins down the bulk of tie enemies forces; to wear him down; to husband and eon- (20 solidate your own forces during that time and to plan for the counter-offensive and final victory. All this is very difficult and can only be done by the collective leadership of maturing organisations. It is characteristic ofthepresent time that the movements of the democratic (25 camp are doing just that. They are proceeding with con-fidence to criticise and recognise their own organisa-tional shortcomings; they are consolidating and husband-ing their forces not through talk but precisely by en-gaging in the numerous day to day struggles cf the people(30 whether local or national; and more important at the height of the reaction they mobilise the creative energies

2640.

of the people of our land and produce a programme that is a sure sign of victory — the Freedom Charter. That is not the work of a day. It is the accumulated exper-ience of forty years cf struggle that produces that kind of thing. Hence the shattering force of the Charter, (5 If the people of South Africa are organised around so dynamic a programme as the Charter; if they learn the relevance of the different sections of the darter to their lives "by means of struggles local and national in which they themselves participate. Nothing will (10 stop us when the time comes. Then, indeed, "The People Shall Govern."

The next document, TM.75 is omitted. The next is TM.77, it is a roneod document, programme for the building of a mass youth league, and it is the same as A,54. The next is TM, (15 81, it is an African National Congress (Transvaal) Circu-lar, signed P. Mathole, African National Congress Transvaal and it is undated. I read the first four lines,

To Branch Secretaries, tfear Friend, The year 1955 has been one of an intensive struggle by the liberatory (20 movement. Your Organisation the A. N.C. wishes you a bright and prosperous New Year in the struggle. ,,,, 1956 will be the year when branch members will have to implement the 'M' plan intensively, every householder in your locality must be visited, and their complaints (25 listened to attentively. Local issues must be the con-cern of all branches, discussion groups and debates on issues affecting organisational plans must form a basis for discussion. Discuss your transport, clinics, ambu-lances, Bantu Education, passes for African women, Group (30 Areas Acts and in fact all the oppressive laws of the land,

2641.

The next is TM.83, African National Congress (Transvaal) signed P. Mathole> Provincial Secretary, Transvaal. I read the first paragraph

To All branch secretaries. Dear Friend, Take note that the National Conference of the African National Congress (5 will he held in Bloemfontein this year. &s from 16th to 18th December, 1955, at Batho Location. ......

The next is TM.85. It is a circular letter, appears to be as the body of the letter is duplicated, and the address is typed in. The African National Congress Head Office, and (10 it is dated the 1st November, 1955, addressed to the Secre-tary African National Congress, Alexandra Township Branch, and it is signed by P. Mathole.

Dear Friend, the Transvaal Consultative Committee, Johannesburg Region calls you as secretary and five (15 volunteers to a meeting to be held on Saturday the 12th November, 1955, at the Transvaal Indian Congress Offices, 37 West Street, at 2 p.m.

And it deals further with the purpose of the meeting, which is the million signature campaign for the Freedom Charter. (20 The next TM.86, is a minute book of the A.N.C. I read from page 11. It is signed by the chairman, A. Mavuso, and secretary Alfred Mzo, dated 9/11/1955. I read from page 12, a meeting of 9/11/55, present Messrs. J. Mavuso, Chairman, A. Mzo, secretary, X. Makiwane, and on page 14 (25 under the heading "National Conference," "Mr. Makiwane opened discussion on this issue by stressing the importance of early preparations for the Conference." And it is signed chairman, J, Mavuso, Secretary Albert Mzo, 16/11/55. Then a meeting of 16/11/55, on page 15, present: Messrs. J. (30 Mavuso, Chairman, A. Mzo, Secretary, X. Makiwane, B. Moliwa. Page 18, minutes of a meeting held on 23/11/55, I read the

264

names of those present - Messrs, J, Mavuso Chairman, A. Mzo, X, Makiwane, The next document, TM,87, is "Viewpoints and Perspectives, Vol. I No, 3, February 1954, This will be dealt with at a latter stage, it is handed in for possession only, (5 BY MR. JUSTICE BEKKER: I hope Mr. Terblanche that at a later stage when you deal with TM.87, you will inform us then that it is also appearing at this stage, otherwise I don't know how we are going to link it up, BY MR. TERBLANCHE; Yes, Milord, we will do that, (10

' EXAMINATION BY MR. TTERBLANCHE CONTD.: The next is TM.88 to 91, several copies of "Liberation" — the first one is No, 9 of 1954, and that is the same as D.1150 and will be dealt with under that number. The second is N-c. 13 of October, 1955, the third is No. 15 of December, 1955, and (15 the fourth is No. 20 of August, 1956, the last three will all be dealt with under No, G.1114, The next document is TM.95, "Speaking Together," Congress of the People Bulletin,, No, 2, end of August 1954, and it is thfa same as B.32. The next is TM.98, a bulletin "Tshaba" of the Transvaal African (20 National Congress, and it is No. 2 of August 1956 and it will be dealt with under LIN,8, The next are documents in Column 2 of Schedule 4. The first is TM.l, Selected Works, 2nd Edition, of Lenin. The next is TM.13, Selected Works, Lenin, Vol. VII. TM.15, 19 and 17 are all different issues (25

(?) of a booklet, the Modern Audit. It is Vol. IV, Vol. V and Vol, VII. TM.23, is a booklet printed in Moscow, and F, Engels,"The part played by Labour in the transition from Ape to Man." TM.30, is a booklet "Mao Tse Tung on Peoples Democratic Dictatorship." TM.31, is a booklet on "0vercoming(30 the cult of the individual and its consequences; resolution of the Secret Committee of the Communist Party of the Soviet

2643. Union, June, 1956. TM.35, is "Britain's Guests, Nidolai Bulganin and Nikita Kruchev." TM.36 is a "booklet Chou-en-Lai, Report on the question of intellectuals. TM.40, a fortnightly magazine, "People's China," TM.41, is also a magazine, "Peoples' China," April, 1956. TM.52, is a (5 magazine, the editorial is "A crime against international working class unity." The cover pages are off, I don't know what the hook is. TM.54, is a monthly magazine, "Soviet literature." TM.55, is a magazine, "News No, 12" of June, 1954, "A Soviet Review of World Events." TM.62 (10 is another issue of Peoples China, May 1956. TM.63 is a magazine, montaly journal of political analysis, interna-tional affairs, issued in Moscow. TM.69 is a magazine the Marxist Quarterly, April 1954. TM.71 is the Constitution of the Peoples Republic of China. TM.72 is a magazine, (15 China Reconstructs, November/December 1954. TM.78, is a magazine Agrarian Review, Budapest, March, 1955. The next documents are column 3, the first is TM.39, the bulletin of the World Council of Peace No, 22, November 15, 1956. The next is TM.74, a bulletin published by the Rights of (20

Youth Commission of the World Federation of Democratic Youth, and it is called Rural Youth, The date is January 1956. BY MR. JUSTICE RUMPFF• :itr0 Terblanche, as far as our own notes are concerned, this method adopted now of taking out the schedule documents from the others is inconvenient, (25 BY MR. TERBLANCHE; Milord, I agree that it is inconvenient. I understood that the Court asked for these to be on differ-ent schedules, I may have been under a wrong impression, but in future then we will only indicate behind the docu-ment .,,. BY MR. JUSTICE RUMPFF; We only want to know whether it is (30 for possession or not.

2644.

'EXAMINATION BY MR. TERBLANCHE CONTD.: From now on we will adopt a different course. Certain schedules had already "been prepared "by the Crown, (No further questions) CROSS-EXAMINED BY MR. KENTRIDGE. This hook that was put (5 in through you, TM.86, I understood my learned friend to suggest that this was a minute "boo of the A.N.C. Now, we are unable to find anything in it to indicate that it is

a minute hook of the A.N.C, Do you know anything which would indicate that ? — No, I did not read through the (10 document.

Apart from what my learned friend read out, it seems to us that there is nothing at all to show what this is a minute hook, ex facie the document itself, BY MR. JUSTICE RUMPFF: Is there anything in the hook to (15 indicate what you said, Mr, Terblanche? BY MR. TERBLANCHE: There is nothing from the contents on the face of it, hut the document is written in the hand-writing and found in the possession of BY MR. JUSTICE RUMPFF: Yes, hut you were asked a question (20 a minute hook of what it was, and you said the A.N.C. BY MR. TERBLANCHE: Not from the document..,. BY MR. JUSTICE BEKKER: Yes, is it an A.N.C. hook or not, or don't you know? BY MR. TERBLANCHE: I can't say. I took it to he. I have (25 no objection if this is withdrawn. BY MR. JUSTICE RUMPFF: Do you want to withdraw this book? BY MR. TERBLANCHE: Yes, Milord. BY MR.-JUSTICE RUMPFF : Then out it goes. BY MR. TERBLANCHE: I wonder if -- I think it is in the Regis-(30 trar's possession, a little yellow exercise book, called TM.8, This also seems to contain minutes. I don't recall that my

2645.

learned friend said what it was minutes of, hut as far as we have "been ahle to go through it, it doesn't seem to indicate what these are the minutes of either, BY MR. JUSTICE RUMPFF: Does it matter whether it is a minute hook? (5 BY MR. KENTRIDGE: No, Milord, I Just want to place on record

that there doesn't seem to he any indication of what they are minutes of, BY MR. JUSTICE RUMPFF: Did the Crown suggest that it was minutes? (10 BY MR. KENTRIDGE: That is as I understood it, Milord. BY MR. JUSTICE RUMPFF: Exercise hook, handwriting BY MR. KENTRIDGE: Yes, hut then I think my learned friend in reading out parts of it referred to them as having the form of minutes, at least. (15 BY MR. TERBLANCHE: Milord, the Crown did suggest that it was a minute hook, because it stetes "Meeting of 24/11/55,"that was read out to the Court, and what follows seems to me to be minutes. CROSS-EXAMINATION BY MR. KENTRIDGE CONTD.: Well, Mr. Duven- (20 hage, I don't suppose you have read through this either ? — No.I

Well, the suggestion I am making here simply is that if they are minutes there is no indication of what they are minutes of. Now, Mr. Duvenhage, you also found, I under- (25 stand, a number of other documents in the possession of Tennyson Makiwane which you haven't put into Court ? — That's right.

He had a large number of printed books and pamphlets ?-- Yes. (30

And they are not all before the Court ? — No. Some of them you left at his house — some of.them you

2646.

didn't take at all ? — That's right. I just want to mention two documents which you took,

hut which haven't been handed in. One is TM.28, it seems to have your stamp on it. This is a booklet that we have heard something about in other documents. It is a printed booklet (5 with a blue cover called "African Claims in South Africa," and I won't read it now, it has a preface signed by A.B.Xuma, President-General of the African National Congress, a section "The Atlantic Charter and the African," and then a section called "Bill of Rights," and then a list of members of the (10 committee who signed the document, and I just want to place on record certain of the names, We will deal with this docu-ment in detail at a later stage. Amongst the names BY MR. JUSTICE RUMPFF: How do you mean you are going to deal with the document at a later stage? (15 BY MR. KSNTRIDGE: With another witness. BY MR. JUSTICE RUMPFF: Well, why do you deal with it now? BY MR. KSNTRIDGE: Simply to identify it by one who has signed it. To identify it for what it is, it is signed at the end, a list of the members of the committee respon- (20 sible. Would you just confirm that this was found by you in the possession of Tennyson Makiwane ? — Yes, that is right.

And another one is TM.99. This doesn't seem to have any stamp on it. Can you tell us whether this is one of the (25 documents which you took ? — I am not certain.

Do you know whether anyone else searched Tanyson Makiwane for documents ? — I searched it alone.

So you don't know how this document came into the Crown's file of exhibits ? — It is possible that I took it, but I (30 am not certain.

It is marked TM.99, but it hasn't a rubber stamp on it.

2647. You say you may have taken it ? — Yes, it is possible,

BY MR. T.3RBLANCHE: Milords, may I interrupt? Does my learned friend make the statement that it was found in the possession of Makiwane, BY MR. KENTRIDGE: I don't know, Milord, we don't have Makiwane(5 with us. At any rate, we will indicate, if necessary, we will show that this came from the file of the Crown, The point is in TM,99 there is a resolution, what purports to "be a resolution of a conference held under the auspices of the Transvaal Indian Congress, which is opposed to the (10 Group Areas Act, calls upon the Indians not to accept group areas anywhere, and calls upon them to organise a day of hartal and mass prayers and to establish a council of action to mobilise people to defend their homes and properties and means of livelihood, (15 (No further questions) NO RE-EXAMINATION; WYNAND JACOBUS .'/SS3ELS, duly sworn. EXAMINED BY P.P.: You are a detective sergeant, S,A,Police, stationed at Yereeniging ? — Yes. (20

On the 2rth September, 1955, did you search a house, is that correct ? — Yes.

Whose house was it ? — Mohamed Asmal, Was he present when you searched the house ? — Yes, Where is his house ? — In Evaton. (25 And did you take possession of documents ? — Yes, Did anybody claim the documents ? — Yes, Asmal did. Will you look at the exhibits MA. No. 1, 2, 3, 5 and

? ? — Yes. Are those the documents you found in the house ? — Yes, (30 MA.l, is New Youth, November, 1954, the same as SA.78,

MA,2 is the Freedom Charter, the same as A.10, MA,3, bulletin

2648.

of the Transvaal Committee of the Congress of the Peoplef Forward to Freedom, the same as A.116, MA,5 are lectures, Imperialism and others, and this will he dealt with at a later stage. I am now handing it in for possession. MA, 7, is a circular "Your Signature for the Freedom Charter," (5 the same as A.2, and also roneod "One Million Signatures for Freedom Charter," the same as A,2 page 3.

Did Mohamed Asmal appear at the Preparatory Examination of this case in Johannesburg ? — Yes.

How do you know ? — I gave evidence at the Preparatory,(ID, Did he appear as an Accused ? — Yes, he was an Accused, And on the 5th December, 1956, did you also receive

documents from Sgt„ Kotze ? — Yes. Will you look at Exhibits MA,8, 9 and 11, Did you see

exhibits MA. 8, 9 and 11 ? — Yes, (15 Did you receive them from Sgt. Kotze ? — Yes. MA.8 is from Trostsky to MA.9, "Fighting

Talk," November 1955, to be dealt with under G.1132. MA,11, "South Africa's Way Forward," by Moses Kotane, The same as B,79• On 27/9/1955, did you search the house of J.M. (20 Kumalo ? — Yes.

Where is his house situated ? — In Evaton, Was he present when you conducted the search ? — No. Do you know his house well ?— Yes. And can you tell the Court whether this person J.M, (25

Kumalo appeared as an Accused at the Preparatory Examination of this case ? — Yes, he did.

Did you see him there and point him out ? — Yes, Did you take possession of documents there ? — Yes, Where did you find the documents in the house ? — In (30

trunk, in his reception room. Was anybody with you ? — My native detective.

2649. Any occupants in the house ? — His wife was there. Whose wife ? — J.M. Kumalo's wife. Will you look at the documents JMK.l, 2, 3, 4, 7, 8,

10, 11, 12, 13, 14, 16 and 18 ? — Yes. Where did you find them ? — In Kumalo's house. (5 JMK.l, resolutions adopted at the Congress of the People

at Kliptown on 25th and 26th June, 1955, the same as BM.44. JMK.2, circular National Action Council of the Congress of the People, undated, unsigned, the same as C.56. And JMK.3, is a circular to all delegates issued by M. Moolla for (10 National Action Council, Congress of the People, 26th July, 1955, it is handed in for possession only. JMK.4, the Freedom Charter, the same as A.10, I am omitting JMK.7, and then I come to JMK.8, circular Transvaal Action Council for the Congress of the People, dated 16th March, 1955, to (15 all Congress Branches etc. I am reading paragraph 2.

These Committees must make certain that everyone around them, workers peasants, housewives, students and teachers know what the Congress of the People is and why they must send in their demands to the Congress. (20 These Committees must help the A.N.C. Committee to make certain that everyone reads the call to the Congress of the People, the bulletin and pamphlet and lecture notes. These committees must see that all demands to be put in the Freedom Charter are sent in to Committees. .... (25 Every Congress member must understand what demands the people have. They must understand "The World weLive in," they must understand "How to Liberate a Nation?"

JMK,10, is a bulletin, "For Peace and Friendship," bulletin of the S.A, Society for Peace and Friendship with the Soviet (30 Union, to be dealt with later. It is the same as C.477. JMK.11, Circular letter by P. Beyleveld, National Chairman,

2650.

S.A. Congress of Democrats, 18th November, 1954. It says Dear Friend, we are enclosing a copy of our pamphlet "Educating for Ignorance," ...

and attached to that is JMK.ll, "Educating for Ignorance," issued by the S.A. Congress of Democrats; for possession (5 only. JMK.12, pre-Conference Presidential Call to Branches and officials of the African National Congress, the same as A.55. JMK.13 is a circular letter to all branches, issued for the secretariat -

Dear Mr. Secretary, you are hereby notified that (10 Mr, Robert M. Resha is the Provincial Volunteer in Chief for the Transvaal in terms of the decision of the four rational exeucitves, and the call made by Chief A,J. Luthuli, President-General of the A.N.Cy,

«

and National Volunteer in Chief, for 50,000 volunteers.(15 I have been requested by Mr. Resha to direct all the branches of the A.N.C. in the Transvaal to appoint forthwith local volunteer chiefs and to report such appointment to the Provincial Head office,

JMK.14, Constitution and programme of the African National (20 Congress. It is handed in for possession only. JMK.16K Presidential Address to the African National Congress (Trans-vaal) submitted at the 42nd Annual Provincial Conference held at the Communal Hall, Western Native Township, Jo-hannesburg, 9-llth October, 1954, the same as A,40. (25 JMK.18, message by W.M. Sisulu, Secretary-General of the African National Congress, the same as A.101. On the 26th June, 1955, were you at the meeting of the Congress of the People at Kliptown ? — Yes.

Did you search a person there, T. Maloao ? — Yes. (30 Can you identify him ? — No.

Collection: 1956 Treason Trial Collection number: AD1812

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