Whether he associated himself with that particular speech. quoted in the Indictment, the Crown says that doesn't

Transcription

1 MR. TERBLANCHE Whether he associated himself with that particular speech quoted in the Indictment, the Crown says that doesn't affect the question, whether he's guilty of the overt act or not. KBMEUf J; We're at cross purposes, MR.Terblanche. Have you read out the alleged overt act committed by one of the other speakers, w ith which you say perhaps this accused may be associated? MR. TERBL/jMCHBs Yes, my lord; that is a portion of the speech alleged in the Indictment, which I've read to your lordships. the Indictment. I could read all the portions listed in The first is at 9665, line 7 to 13, which I've read out, my lords, that part dealing with the Weste rn Area s, Johantiesburg. REMEDY J; Yes, that is We stern Areas. The next one? MR. TERBLANCHEs The next portion is at page 9665, line 21 to page 96666, line 4, which is; t; Before freedom is achieved tears are going to flow down from a human being and blood is going to flow through the Government. The Government wants the blood to flow, and if it happens will be bad, and if it doesn c t it will be good. We shall only answer accordingly anything that may happen. As regards the Bantu Education Act it is like a poison to the parents, to poison their own children. I want to warn them that the Government has taken the wrong path by interfering with the children's education. In Kenya the Government is... education and the people ran to the Forests t" KEN KB Br Js Yes, I'm merely trying to find out on what pert of that speech do you rely, because yousay

2 MR. TER3LANCHE is it the Campaign against the Bantu Education Act, or is it something else? MR. TERBLANCHE: My lord, we rely on the fact f that it supported the Western Areas.... KEMETEDY Jt Well, we've got that. MR. TERBLAMCHE ; Bantu Education. KENNEDY J; Is this the portion, that you have just read out, touching Bantu Education? MR. TERBLANCHEs Yes, my lord, Bantu Education. Then there is the portion at page 9666, line 17 to line 24 which I have read out - that's the portion dealing with 10 volunteers, my lords, where he said they must be prepared to face death, and suggested that if this remark of Mayekiso's can be interpreted as a disassociation, then it would refer to this portion only. KENNEDY J; The volunteers must be prepared to 15 face death. What does the Crown say that means? MR, TERBLANCHEs My lorrl, the Crown says it only means the same as has been explained by the witnesses here in Court, that in theirs truggle they may have to lose their lives. They may have to make the supreme sacrifice. 20 The Crown doesn't say it means that the Freedom Volunteers must go out and attack. iri'x BEKKER J; Now, this last bit that you've put in on page 47. You follow up by saying, "By those remarks 25 it is submitted he dicl not repudiate or disassociate himself from the speech". ME. TERBLANCHE% Yes, my lords. RUMPFE J; But on this last question of facing death it all depends how the tone was. This is what the re- 30

3 MR. TERBLANCHE porter wrote down; "now I have to withdraw the interpreter? you nust not be frightened by the last speaker and think you are going to face death, more volunteers are required to sign on and go from door to door and speak to the people." MR. TERBLANCHS; My lords.... RUMPFP J o What does that mean? MR. TERBLANCHEs That again, my lords, in my submission, refers to their special duties in regard to the Congressof the People. KEHHEBYJt Well, he says, "Don't worry, you must not in fact think that you are going to face death, that that is going to happen 1 ' "That's just a way of talking, it doesn't matter that it is a fact, that asa factual matter you are going to face death." And, indeed, whatever it means, hasn't he disassociated himself by saying "Whatever words this last speaker has used, it doesn't really mean death". MR. TER3LMCHEi I won't take that any further, my lords. RUMPEE J; It might mean - - I don't know what he said originally - this is only a report, but it might mean, "Well, you mustn't be frightened about what the last speaker said and think more of going to face death; more volunteers are required to sign who will go from door to door", giving the impression that some will have perhaps to gace death but "You may be afraid, you may have to go from door to door" - but I don't know what it means. It may mean that, it may mean the other. MR. TERBLMCHEs It may mean, my lords, many I things. I accept that position and I won't pressthat further.

4 MR. TER3LANCHE MR. TERBLANCHS t My lords, then it is also mentioned in the Indictment.... RUMPFF Js Well, I think we'll take the short adjournment now to enable the accused to get their lunch. (COURT ADJOURNED FOR TWENTY MINUTES). ON TH3 COURT RESUMING{ MR, TSRBLANCEE; My lords, in this overt a ct with which I was dealing there is also mentioned the speech of Ntsangani, page 9671 of the record, line 1 to line 8, where he is reported to have said, "It is quite evident that the Capitalist the world are breaking away. Governments from all over In Kenya the police of high ranks are resigning. Whether we...the white people, the time is going to come when there will be a shooting and retaliation from people." Now, my lords, C. Mayekiso, after Ntsangani had spoken, said that the chaiiman made an accouncenent that people were banned, giving the figures of the banned people from the South African National Congress, the South African Indian Congressancl the Congressof Democrats, and he refers to a meeting of volunteers to be held. That was all that he said after Ntsangani had spone, and my submission is, my lords, that he did not there in any way disassociate himself from what Ntsangani had said. My lords, the next overt act is a meeting held at New Brighton on the 1st May, 1955 Mayekiso was again the chairman, my lords, and the speeches quoted

5 MR. TER3LANCHE in the Indictment are firstly that of the accused himself 1 at page 9712, line 27 to 29, where he is reported to have saids "In the new Africa spies will be dealt with accordingly. Among Europeans during the war time any spy was charged and sentenced to death; we are not going to do that now but in t he new Africa. Let us build a newafrica 5 which will be governed by the people." And at page 9713* my lords, line 7 to line 12, "When we start this struggle it was formed here when Mhlaba led the first batch to defy the unjust laws. Eventually, afterthat everybody knewthat the Defiance Campaign was good. If it is necessary to die 10 - if it is necessary to die in order to achieve freedom I shall be satisfied." And from the same page, line 14 to line 17, my lordss "All present here are the people determined to die, and those who are s cared of death must go and keep 15 themselves in their houses, but everybody is there to die somehow for others c " Then the speech of Ntsangani at page 9721, line 30, to page 9721, line 2. And thereafter referring 2( to the decision of the A.1T.C - it's a summary - - to the Boycott to the Verwoerd s chools which he says still stands, and then at page 9722, line 22 to line 20 page 9723, "There are only two armies in this country. On the right hand side is the A.NoC. led by Chief Luthuli; on the left hand side le d by Strydom, Nat Army. On the left hand side the army 25 has taken some of our people... it is obvious that the future Africans are going to rule this country. The army led by Luthuli is passive. I want to tell the traitors that there are a fewdays left before the 25thancl 26th June and I call upon them to come to our side " 30

6 MR. TER3LANCHE "...before the river is in flood. Mr. Swart is giving 1 instructions to the police to shoot first and ask questions afterwards, and also said that before the blck will get their freedom all the rivers of this country will be full of blood. In our reply we say if it is necessary for hundreds of people to die before freedom is achieved, it's 5 alright." "You must know that the chairman who has held this meeting is going to be arrested for holding this meeting and I call upon you to give your signatures." KENNEDY J; by the Crown there? Well, what is the overt act alleged In regard to this meeting. 1C MR. TERBLANCHEs My lords, the overt act alleged against the accused is that he went to this meeting, participated in it and it was a meeting in furtherance of the pursuance of the conspiracy, and that he associated him- 15 self with this first speech which I read, and with this speech of Ntsangani. KEMEDY Ji Well, what does the Crown say the speech means? Does it say it suggests violence? Does it say one of the campaigns against one of the laws.... MR.. TERBLAWCItE% tyy lords, the Crown says 20 KENEEDY Jt I merely want to get it down in a summarised form; that's what I am trying to find out. MR. TERBLMiCHEs My lords, the Crown says that this was a speech in furtherance of 4 (b) (iii).. KEMEDY Ji I beg your pardon? 25 MR. TERBLMCHEs This is in furtherance of 4 (b) (iii), my lords - Part 'B' of the Indictment, my lords - 4 (B) (iii)... The same in regard to his own speech, my lore's, the methods to be used. It refers to 30

7 MR. TERBLANCHE 4 (b) (iii)... RUMPFF J; What? Violence? MR. TERBLANCHE i My lords, I'm not quite sure RUMPFF J; What do you say it means? MR. TERBLANCHS s I don't want to say an ything different from the Indictment, my lord. RUMPFF J; 4(b) (iii) is a hieroglyphic as far as I am concerned at this stage. MR. TERBLANCHE; Yes, my lords, I'll... MR. KEN TRUDGE% My lords, may I assist my learned friend. It moans advocating and propagating unconstitutional and illegal action including the use of violence as means of achieving the aforesaid objects of the conspiracy. MR. TERBLANCHE; That is what it was alleged to mean, my lords, in the Indictment. RUMPFF Js Violence, in other words? MR. TERBLANCHS s Yes, my lords. The speech goes on, my lords, "You must know that the Chairman who has held this meeting is going to be arrested for holding this meeting and I call upon you to give your shillings... RUMPFF J; Where are you off to now, Mr.Terblanche MR. TERBLANCHBs My lords, I'm still continuing with the reading of the speech. RUMPFF J% Oh, I'm sorry. MR. TERBLANCHE; "In Kenya there are no more public meetings attended by the traitors. The time is coming in this country when nobody will know where we hold our meetings-, In the letter the Mau Mau s ay that they are not up for war but they are defending themselves.

8 MR. TERBLANCHE 4 (b) (iii)... RUMPFF J; What? Violence? MR. TERBLANCHE; My lords, I'm not quite sure RDMPEE J; What do you say it means? MR. TERBLANCHEs I don't want to say an ything different from the Indictment, my lord. RUMPFF J; 4(b) (iii) is a hieroglyphic as far as I am concerned at this stage. MR. TERBLANCHE; Yes, my lords, I'll... MR. KENTRID3-E; My lords, may I assist my learned friend. It means advocating and propagating unconstitutional and illegal action including the use of violence as means of achieving the aforesaid objects of the conspiracy. MR, TERBLANCHE: That is what it was alleged to mean, my lords 9 in the Indictment. RUMPFE J; Violence, in other words? MR. TERBLANCHE; Yes, my lords. The speech goes on, my lords, "You must know that the Chairman who has held this meeting is going to be arrested for holding this meeting and I call upon you to give your shillings RUMFFF J; Where are you off to now, Mr.Terblanche? MR. TERBLANCHE; My lords, I'm still continuing with the reading of the speech. RUMFFF J; Oh, I'm sorry. MR. TERBLANCHE; "In Kenya there are no more public meetings attended by the traitors. The time is coming in this country when nobody will know where we hold our meetings-, In the letter the Mau Mau s ay that they are not up for war but they are defending themselves.

9 MR. TERBLANCHE If in their defence one falls and dies they ore not responsible. The British mac! Government have been threatening to destroy the Mau Mau in Kenya hut in vain. We must remember that v/e are going to attend the Congress of the People which will decide. We must all remember the My lords, there wasno specific cross examination on this meeting. Mayekiso only made an annoucement after Ntsangani had spoken. Htsangani gave evidence on this meeting, my lords, as indicated there, but that will be dealt with when his position is dealt with. KEIflKEBY I'm sorry, I didnot heard what you s s i cl«mr. TEBBLAtTCHE: I said, my lords, Ntsangani gave evidence on this meeting at the pages stated there KENNEDY Js What did he say? MR. TERBL/JITCHBs My lord, that will be dealt with when his position is dealt with. KEENEDY J; Briefly, what did he say? Did he deny his speech, or did he a dmit it? MR. TEP3IiJ7G:S; I cannot t ell your lordships offhand what he said, whether he denied it or not. My lords, the next is a meeting of the A.N.C.Y.L. held at Veeplaats on the 16th October, My lords, this is also stated in the Charge to refer to method 4 (b ) (iii). And the speeches quoted in the Indictment are those of W. Mkwayi at page 9750 and that of Tshume at page My lords, Mayekiso attended this meeting and he spoke at this meeting. BEKKBR J: Well, what was the nature of the speeches made by Mkwayi and Tshune?

10 21900 MR. TERBLANCKE MR. TERBLANCHE; My lords, Mkwayi referred to the Boycott, an economic boycott, and then he said "This is a day of great importance to Africans because the blood of Africans was 3hed and Swart came in person to New Brighton. When we leave this meeting I want all youth and volunteers to meet in front of Mtambeka's place. In this weeks "New Age", all women appearing on the front page will meet Strydom and " RUMPFF Js I cannot hear. MR. TERBLANCHE% My lords, he is alleged to have said, "This is a day of great importance to Africans because the blood of Africans was shed and Swart came personally to New Brighton". My lords, the meeting as a whole referred to what happened on the 18th October, 1952, the riots in Port Elizabeth. Then he asked his audience to support "New Age" which will be one year old on Friday of that week, and he goes on to says "I as volunteer-in-chief discovered that volunteers I've got are still cowards. I tell you that to-day I want 800 volunteers but I only got 100. You have seen that the Government is advertising that two Africans have been arrested for burning schools, and why are they being arrested, since they burnt their own schools? As long as we have been talking - - I want action...." Then Tshune's speech, my lords.... KENNEDY J; What do you point to in Mkwayi 1 s speech? MR. TERBLA^CEBs My lords, in Schedule C to the Charge it's shown as also referring to 4 (b ) (iii) - unconstitutional a ct ion by... including violence.... KEN ICE DY J; Well, which is it? MR. TERBLANCHE% My lords, the part where he says they've long been talking and they now want action....

11 MR TERBLANCKE KEIilIEDY Js Well, I called for 800 and I've got 1005 why does he mean he wants another 700 volunteers? MR. TERBLAITCIIS For the action, my lords. It is possible.... KBIHCBIK" J; I don't know, I am just trying to find out. What portion of Mkwayi's speech does the Crown base its case on? MR,. TERBLAITGKEs My lords, firstly on the call for volunteers. The Crown's submission is that in addition volunteers would be required for unconstitutional action, unconstitutional and illegal a ction. R IE/1 EPF J % It doesn't say so there, doesit? MR. TERBLAHOHE; It doesn't say so here, my lords, but he calls for volunteers. RUMPFF Js He knew that the volunteers would be used for violence? MR. TERBLANCEE; No, my lords, not necessarily violence, but for the cunconstitutional and illegal action, theunconst itutional struggle which they'-'ere going to carry on. They w ere to be used in that struggle, my lords. RUMPFF Js Well, what unconstitutional struggle do we know they were engaged on? MR. TBRBL/i? v Cr^E s My lor^s, in our submission Mkwayi was fully aware of the whole nature of the struggle that was going to be carried on - that it was going to be unconstitutional and illegal; the Port Elizabeth area had knowledge of it, the it's a part of the country in which that was a great success, and they knew that their struggle would be carried on in the same way.

12 MR.T5R3LANCHE RUMPFF J; You say the overt act consists, inter alia, of calling for volunteers to join? MR. TER3LANCHE s Yes, my lords. RUMFFF J; Is that the overt act which the Crown relies on here? MR. TERBLANCHEs My lords, let me put it again in this way, that these speeches are only a portion of the overt act alleged; we say that these meetings were held in furtherance of a conspiracy. RUMFPF Ji I s n dealing with overt act Mo. 4. MR. TERBMCHE; Yes, ny lord. That is how it is put in the Indictment, ny lords, that they went to this meeting and participated in this meeting, and as a last portion of that overt act it is alleged that he associated himself with the speeches which we quote in the Indictment. RUMPFF J; That's the meeting; something was either said or done at the meeting which brings it within the allegation. MR. TER3LAUCKE ; My lords, Freedom volunteer s are mentioned in the Indictment, and here he was recruiting freedom volunteers. Therefore we say that this was in furtherance of the conspiracy. They needed, they wanted freedom volunteers for their s truggle. If that struggle, my lords, v/as not of the nature alleged by the Crown, then of course, ny lords, the recruiting of freedom volunteers would have been an innocent act. My lords, then the speech of Tshume, page 9752, line 22 to 26, "Today we remember those leaders who met their deaths while they were fighting for equality. We remember Hintsa, Makana, Tshaka, Dingaan, Masabalala, etc., who died fighting for freedom. We continue from

13 MR. TERBLANCEE where they left off and we shall continue until freedom is a chievedthe Grewn alleges, ny lords,... KENHEDY J. What do you say about that?. MR, TERBLANCEBs That was preparing the people for this unconstitutional struggle which nay lead to death, KENNEDY Js Does it say anything about an unconstitutional struggle there? MR. TERBLANCEE; No, riy lords, it doesn't say here unconstitutional struggle, but it says that those people mentioned died fighting for freedom. RUMPFF J; They died unconstitutionally? MR. TERBLANCEE; Well, ny lords, you can die fighting for freedom. And he s ays then, "We continue from where they left and we shall continue until freedom is achieved." If they died fighting for freedom they die, my lords, in vy submission, by violence. RUMPFF J; Well, that's what I want; it's a reference to violence, not to unconstitutional action as such? MR. TERBLANCHE; Notas such, no, my lords. My lords, in regard to this neeting I just want to draw your lordehips* attention again to PDN. 168 dealing with the riotsj the same theme is dealt with in this meeting. Then, my lords, I come to Part D of the Indictment, where the accused is charged - - this schedule, my lords, says in pursuance and furtherance of the said conspiracy, more particularly as part of the preparation for a violent overthrow of the State and the substitution thereof by a Communist State or some other State, the following accuseds C. Mayekiso,with hostile intent aforesaid and....(reads on)".

14 MR. TERBLANCHE did during the period 1st February 1954 to 30th September, 1956, write and publish or cause to be published and/or acquire for the distribution certain documents... " Now, my lords, the one charge against Mayekiso is this document, CM,40, which has already been read to t your lordships. of the People. and, my lords, It was found on his person at the Congress It is stated it was a speech by C.J.Myekiso it was admitted that it was found on his person. In my submission that is an overt act, and he was the cause of that, in that he prepared it and this has been proved. It's true that the whole of the charge has not been proved, my lords, that we didn't prove that he published it, or disseminated the contents there, but in y submission it has been proved that it was prepared for that, with that purpose in view, and that it was a document in furtherance of the conspiracy. My lords... RUMPFF J; This document, was it in nanuscript form? MR. TERBLANCHEs It's in manuscript, yes, my lord. RUMPFF Js In his handwriting? MR. TERBLANCHEs There is no evidence that it's his handwriting c RUMIFF Js Well; assume it is not in his handwriting? MR. TERBMNCHE; But it states, my lord, that it is a speech by CJ, Mayekiso, at a Congress of the People. RUMIFF J: Assume it is not in his handwriting? His brother may have written it and handed it to him. MR._ TERBLAMCHE; Well, my lor?., he would still have prepared it. RTJMIFF Js I beg your pardon?

15 MR. TERBLANCHE MR. rerblanckes Even though he had had it prepared by sone one else, ny lords, he would still be guilty because he would have had it prepared. RUMPFF J; You s ay he was the author of it. MR. TERBLANCHSs That is how the Charge reads, ny lords. RUMPFF J % Yes, well, we are bound by the Charge. MR. TERBLANCHE; Yes, ny lords, but ny subnission is that it was found in his possession, it states it is a speech by hin, and on those facts, ny lords, I subnit that the only infex-ence to be drawn is that he prepared it. My lords, then the last overt a ct against the accused is that he attended the Congress of the People in Kliptown, Johannesburg, on the 25th and 26th June, My, lords, the sane evidence which I drew your lordships' attention to this naming in regard to the finding of t he document, CM 40, anount to an adnission that the accused attended the Congress of the People at Kliptown. It was found in his possession at the sane tine and it was admitted, CM.46, which wasa credential in the cane of Carel J. Mayekiso, and he wasappointed by the neeting at New Brighton to speak for them at the Congress of the People on the 25th and 26th June, 1955, at Kliptown, Johannesburg My lords, in my submission this overt act of attenting the Congreasof the People has been admitted and therefore there is no need of further proof as regards that. My lords, in regard to CM 0 40, your lordships will find on page 49 that accused had in his possession at the same tine a letter fron the National Action Council of the Congressof the People dated 17th June This letter

16 MR. TERBLANCHE was addressed to Mr. George Mayekiso, my lords, and on the evidence of Nkalipi thera? was a Geogge Mayekiso at Port Elizabeth, and this letter informs this George Mayekiso that he had been nominated as one of the chief speakers at the Congressof the People, and that the subject will fall under the title of 'Foreign Affairs'. My lords, I draw your lordships' attention to that, but in my submission that does not derogate in any way from the submission which I have made, that this document was found in his possession an? it states clearly that it is a speech by C.J. Mayekiso^ the accused, and therefore it's clear that he was the author of that speech. My lords, as I stated, my submission on overt act - the last overt act «was the attending of the Congress of the leople; this wasadmitted and therefore it doesnot need any further proof,, If your lordships then find that that is an overt act, and it's been admitted, then, ny lords, the overt acts need not be considered by the Court as overt acts? and they can be used to show the accused's adherence to the conspiracy and his state of mind. That completes my argument } my lords, in regard to Mayekisoc I submit? my lords, that from that evidence the Crown has proved its charge against the accused and I ask your lordships to find him guilty. If your lordships will allow me at a later stage just to deal with sub-section (ii) of that last section, There is no further argument in regard to Mayekiso, my lords.

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