8861. M, MASEMELA. You have already referred to him in your evidence? Yes, what did he say? "Slaves of Africa,

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1 8861. M, MASEMELA You have already referred to him in your evidence? Yes. Yes, what did he say? "Slaves of Africa, this is our fight to remove handcuffs if wa are unable our children will not "be able to do so because they would have ireceived Bantu Education.^When our people first saw the white man they thought he was a human being. But later they say he was an intruder. I appeal to you all here to organise our people and we must be the first to die when the tanks of Verwoerd destroy Sophiatown. We will fight for Africa Freedom.^ In Cape Town at every house when greeting somone you cannot shake hands with him but you say Africa. People speak about how can Africans be free. You cannot get work if you do not belong to A.N.C. so we of today have to do the work of organising." And then did he speak against the Bantu Education Act? Yes. Did Motsele then address the meeting? Yes. Is that the person you referred to earlier in your evidence? Yes. So what did he say? "The last speaker have thrown many things over your necks. They have shown you many things done by past people. They told you about Botha, Malan and Hertzog when they departed. During those days the Afrikaner people went from place to place telling the whites that were whites telling the natives that they were kaffirs. Congress was formed in 1912 notffwe of today we are knocking at the doors of Parliament. ^We want to rule this country, The forces of liberation are many all over as far as Indo- (Jhiiia. (j!et want to warn our people" not to be racilism, not to hate each other. People are preach- -

2 8862. M. MASEMELA ing hwrmony and peace in four corners of the world. y If the Dutch people are not going to lister^ we shall make them to listen. The white Christians told our people to "become Christians. out of the church. After our people had joined they went I particularly speak about the Dutch Reformed Church that it is not a church but a political church. It hired Bengu to destroy our organisation. I appeal to you, my people, to resign from the Dutch Reformed Church. The Dutch Reformed Church was formed after the Blood River war so that that is not a church. It was formed because the African forces of Dingaah and Cetewayo were defeated. The leaders of that church are all police. On the North Brink of the police is a leader of one Dutch Reformed Church. Malan and his cabinet belong to the Dutch Reformed Church. Malan said that he will return to the church after he has liberated his people. Congress is going forward it cannot be frightened by the guns of the police, the forces will continue and jump over the dead bodies. All big powers have supported Malan because they have heard that the owners of the land are waking up. They tell us about Communist and India. Y/ho brought the Indians here? The agreement of the South African and Indian Government failed to materialise but we will make the Indians our friends. The whites must get out of South Africa and then the Indians will follow.partnership only or you must get out, the Giant of Africa is waking up. They tell us that India is interfering in the affairs of South Africa, but they forget that they interfered in Korea. Today they interfere Gold Coast. They are lying, we have seen them. They come to our meeting with guns. The Government of South Africa said if Gold Coast gets

3 8863. M. MASEMELA independence South Africa will get out of Commonwealth and now Malan interferes with tne Gold Coast The Government of Gold Coast is the beginning and Nigeria will follow. n I appeal to the youths men and women, that the danger is at our doorsteps, so we have to go and support tj46 pb'opifl 1 of Sophiatown. It will he moved over the bodies of dead Africans. We will show the Government on that day/the Government must first remove Moroka OrlarTdf) Shelters then remove the poor Dutch people of Vrededorp. The police must not allow the Government to use them. ^Where is Hitler what has happened to S.S.? All Hitler guards are running 10 from place to place, they are being persuaded. We may be prisoners for long terms. Africa is our land, we want it.. Those who may be left behind you must rather die and'rule this country.. We want partnership with whites in this country. I call upon youths to come forward and join Congress. 15 The Indian Congress are ruling in India, We of the Congress we speak like Jeremiah in the bible, we speak under the banners of Congress, we have determination of the Congress though we may be burned like Shadrack, Meshack and Abednego. We do not want the blood of anybody to 20 flow. The black giant of Africa is awakening on the East, Malan is trembling. In South Africa we are not yet awakened since Malan is holding our legs kick his hand the time has arrived we must rule ourselves no matter whether they want to stop our children but they will never win. 25 They do not want 0 urch i l'sr e n'~t 0 "know anything about history, the Bantu Education Act will fail. We have doctors, professors - we will smuggle our children and educate them out of South Africa just as Sisulu went overseas without passport." 30 -.a. -A 4 '.V V. i

4 8864. M. MASEMELA Did address the meeting? Yes. He is the person you referred to earlier? Yes. And you have identified him? Yes. Just read the first portion of his speech? "Friends of Africa, I would like to hear from you if you really wamt Africa "back. I am happy to see elderly people at this meeting so we are with them. The job we have to do is very heavy. However, we must do it..." Go to "The freedom you have to fight", four or five lines from the "bottom? "The freedom you have to fight is yours, we have not stopped yet but we will fight and you must have solidarity to face the Dutchman with his rifle with your hear hands. They deceived us with their religion.^ We have never quarrelled with Jesus Christ. He was killed because he spoke the truth because he spoke the truth, that is why we of A.N.C. believe on t he truth. what was done by Hertzog. Today we see Malan doing the same thing x: We must fight the Nationalists in the sea, on the land and on the air. Taking away of our leaders will not stop our struggle. Our rights are not privileges. Let us preach the doctrine of solidarity. We must associate ourselves with everybody. History repeats itself. The climate of South Africa does not suit the skin of the whites, therefore they must go. N. How can we take away the Missionaries from power. Nothing but unity. No land you will get after death where you v/ill be free. They are trying by all means to divide us. What love has Malan got? What made him go and adopt a German child? Why can't he take an Afrikaner child? The idea of depriving our African of education is nonsense we will teach our children the education we like* Wars sf

5 8865. have not stopped our thinking." Yes, that is far enough. My lords, I omitted to say that this meeting also appears in Schedule C at page 28, 29 and 30, speeches of Nene, Selepe and Motsele. Will you then go on - was he the last speaker at this meeting? Yes. That concludes this meeting, my lords. The Exhibit number will be 26 A, my lords. (COURT ADJOURNED FOR 15 MINUTES). ON THE COURT RESUMING AT A,M: MR. VAN NIEKERK; Will you refer again to the same Exhibit G.26 B. Does that refer to notes that you made at a meeting on the 18th July, 1954? Yes. My lords, this Dieting appears on the Policy Schedule at page 17, 27, 3 0 and 35, and on schedule C at page 30 and 31. The speeches are those of Makiwana, Selepe and Nene. Nowstarting from page 48 of your notes will you refresh your memory and tell the Court what Nene said at that meeting? What meeting was that first? African National Congress. Where 9 At Alexander Township. On what date? 18th July, Was the speaker Phineas 1 Nene? Yes. ' " Is he the same person you referred to and identified earlier in your evidence? Yes. Will you read the first portion of Nene's epeech? "We meet at critical at the time when the Nationalist Government because for the night an3 day the Government does not sleep. Swart last week at Natal

6 8866. M. MASEMELA delivered a "bad speech "because he told the gathering that if the time permits to shoot they will do so if Defiance Campaign starts again.so I want to tell you that A.N.C. is at war with the Government of Soutn Africa. A.N.C. is the opposition to the Government. The Nationalist Government is real at war the Africans will not be frightened by the meeting of S.S. Bengu./^I want to ask him where are his supporters now, v/hen he wanted to break the Congress? He may be bought with "".oney but he will not break the Congress." Then did he speak about the Defiance campaign? Yes. And the volunteers? Yes. of the transcript, bottom - Did he then proceed at page 52 - that is page 1 0 * my lords, about nine lines from the The day we are ordered"? "The day we are ordered we will... "?-"We will have to pay high prices for d efiancefljr'the day we are ordered we will march forward and^defy though Swart_Jias oredered the police to shoo ^ Swart is wasting his time in ordering the police because the guns will not step the march of the A.N.C. Everybody must prepare hinnelf to accept the order.the day it comes, because the guns will not stop the march of the A.N.C. Everybody must prepare himself to accept the order the cay it comes, because if you do not do so.. R ^ ^ L M M H H I L L L I. ^. M T.MI N, < W JH'.KI.I" ''"' T 1 '""* *' '* the Dutch people will say we have beaten them. So you must join volunteer corps today and from now on we will begin to organise everybody to join volunteers." Was Koalepe the next to address the meeting after that? Yes. Omit what he said and was the next speaker a

7 8867" M. MASELELA person by the name of Peter Selepe? Yes. ) Is he the same person who you have identified earlier on in your evidence? Yes. What did he say? "Friends, I have come to speak to you about the troubles and difficulties we have. Do not worry when you are so few but tomorrow you will be more. Alexander long ago was not so big. What we want we must have faith that we unite. You have heard that Sophiatown must go only because the Government wants to please the white people."? Yes. Did he speak against. the Western Areas Removal And did he say that - - well, will you go on to page 59 of your notes, the top of page 3, my lords. "We must take the example"? "We must take the example of other countries like India which was oppressed for y 1200 years by the British. I want you to remember that we have only been oppressed for 500 years. There is still time to check Malan.^"Malan is so bad to us because he sees the end of the road. Not Liberal or United Party but A.N.C. Only Malan will not be free unless Aficans are liberated they will not rest.^ That is why they employ watchboys to watch their properties because they know that the owners of the country may come and take their belongings. The police also are in that same line with us. The Government does not trust him. -V" The Europeans come with revolvers here but he has no revolver, but we say he is a danger to his people though he is not trusted by the European. The churches have been told to preach about the Communism, the great gogo of the Nationalists. We are oppressed " /

8 8867" M. MASELELA KENNEDY J: Do you v/ant anything more of this? MR. VAN NIEKERK: I must say, my lord, at the "bottom of page 3 he refers again to policemen and what will happen to Motseki,.. RUMPFF J: Well, what will happen to hiiff? MR. VAN NIEKERK: He will he arrested... RUMPEE J: Where are pu looking at now? MR. VAN NIEKERK: I'm looking at the bottom of page 3, my lord. "Motseki is taking notes here alone but we do nothing to him". RUMPEF J; Is that what you wanted? MR. VAN NIEKERK: And then he goes further, my lord, and he says "Morris was a policeman, working at a bottle store, to-day he is waiting trial; he is affested. That is what will happen to Motseki one day because Malan knows he is a danger to the interests of the white people". RUMPEF J: What do you infer from that? MR. VAN NIEKERK: I infer from that, my lord, that he says up to a certain stage policemen worked in the interests of the Capitalists and afterwards he is thrown into gaol. That is the inference that will be drawn, my lord. RUMPEF J: And how is that relevant? MR. VAN NIEKERK: It's part of the Crown's case. RUMPFF J: Forwhat are you telying on, on this particular phrase, to say what? MR. VAN NIEKERK: To show the Communist influence in this speech, my lord. RUMPFF J: Communist influence? MR. VAN NIEKERK: Communist influence, my lord, yes

9 8867" M. MASELELA RUMPFP J; I'm sorry, I don't understand your 1 reference, or inference of Capitalism. He says he w as a policeman and is now working in a "bottle store.. MR. VAN NIEKERK: My lord, the Communists say that all the orders of the State are used for the benefit of the oppressors. 5 KENNEDY J; But the word is "he was a policeman" MR. VAN NIEKERK; But Motseki is a policeman now and he says the same will happen to him later on, my lord. KENNEDY J: I'm sorry, I don't understand. MR. VAN NIEKERK; My lord, I won't press the X 10 matter any further. Did he s ay that "We want freedom of speech, freedom of movement, and a free State in South Africa"? Yes. Will you read from page 64 of your notes, "Have the determination"? "Have the nbtermination that South J Africans will be free one day. We are not trained here 15 in South Africa because the white man realise the danger. We were trained over the bmrders of South Africa!^ Africans fought at Alamein till victory was achieved. What I saw in Europe will happen to Malan. The Africans are not 20 left behind during war. African bodies are lying in the desert. The freedom of the countrydepends in your hands. You have to remove Malan out of this country. He will travel in the same way which travelled by Hitler. Malan must not be permitted to..." ' 25 Did Maluleka then address the meeting? Yes. Omit what he said and go to page 72 of your notes, my lords bottom of page RTOPFF J: Who's he referring to now? MR. VAN NIEKERK; Makiwana, my lord. 50

10 8867" M. MASELELA It's page 5 of the transcript, my lords. Bottom of page 5, and will you refer to page 72 of your notes.? Yes. Do you know Makiwana? I know him well. Do you know whether he was connected with any of the Congresses? Yes he was a member of the Alexander Branch of the A.N.C. Do you know whether or not he was an accused in the Preparatory Examination? Yes, he was. What's his name? Thenissen Makiwana. Alright, what did he say?^jm'africa, sons and daughters of Africa, in fact I did not prepare myself to speak the time of speech is passed. /lall over the world we read of revolutions, all over in Indo-China, Kenya, Malaya, Gold Coast, people are fighting the cause is that people demand their rights. Thejg,people have shown us the way. India fought out the British. The war at Indm-China they do not read about it? When the war of Kenya started the British said it was only a mere fight of gangsters but today it is already 2 years. The people of Kenya have shown the British that the black man can fight; we are not lagging behind in South Africa. There are preparations being made about Western Areas. Volunteer corps are prepared^" The Congress has appealed to youths to fight against Bantu Education. Maljm does not want us to work in towns but to work in kitchens, and farms Will you go down to page 75, bottom of the page, ten lines from the bottom of page 6, my lords. "Teachers Associations"? formed in Alexa. "Teachers Associations have not yet been I know the teachers are afraid to defy

11 8871. M.MASELELA this. But such traitors will he taken out. Are we going 1 to allow Verwoerd to do what he likes with our schools. We will have to take away our children out of Malan f s schools. In Kenya they have 300 schools out of the Government. The Government is very sacred, that is why you see many police at all meetings. It is better for a 5 a man to die standing, than to die sitting down. It is your duty to rally everyone to join Congress long live Africa." And the next speaker, who was he? Joseph Mni& «Is that the same person you referred to earlier? 10 Yea. Well, what did he say? "I am very pleased to be with you today. It is a long time that I have not been able to come and speak to you about freedom. We should have had big meetings after the Cape Conference 15 but I hope from now on every Sunday we will organise the people. The problem of the white people in South Africa. In the capitalist papers there are always long columns of the African space, tf We are the owners of this country. How can you expect these people of Europe to be of any 20 good to us while they were thrown out of Europe because they were gangsters. Van Riebeeck was thrown out of Holland because he was a gangster. ^He came to South Africa as a grower of vegetables, but eventually he abandoned. These Afrikaner people forget themselves, that they originally came from Holland Ever since the formation of Parliament nothing was done for the Africans. Then 1912 Congress was formed it was a clear demonstration to the whites. Ever since 1912 the A.N.C. became the Parliament of Africans from that time till 1952 we have been 30

12 8872. ruled "by different governments only to dominate the Africans. Today we are ruled "by the very ritheless Government of Malan. Who used the police to terrorise the Africans, to raid every African house? We had a Conference at Trades Hall, a peaceful meeting, discussing western removal. Before we came to the middle we saw a force of police armed with guns, machine guns, around the hall. The leader of the police said he came to investigate a case of treason. Has the Government of the Nationalist reached such a state of stupidity of investigating a case of treason? They only came to terrorise our people, not to come to the meetings. We want to tell Malan that his terrorism will not terrify our people to freedom. ^In Kenya though the British have aeroplanes "but the Kenya people march forward to freedom. In every colonial territory you always see that there is oppression. All these rich people of industrialists like Oppenheimer always dictate to Malan such laws to pass on natives. We are now far too tired for this oppression and domination of white people on us. The white people so stupid they think South Africa will be their paradise forever; they think their rule of master and servant will perpetuate forever but we know that the time will come when a change will come and we will rule this country. In life when a thing is born, but as time goes on it will grow old and will die. You cannot check the progress of the thing that is developing. We hove been growing politically no matter how weak we may be but one day we will rule. Our Liberatory Movement is growing and be coming stronger; that is why we will rule one day. The present social system has grown up and become strong but now at the moment

13 8873. ia growing older now the Liberatory Movement is taking its placed The Nationalist Government is kicking domination, is passing lots of laws to discriminate the African people to keep the white to rule forever. by Verwoerd of youth camps will so work! The law passed Verwoerd wishes to send every youth to this camp. If you go to labour bureaux and look for work they will post to mines and farms. If you refuse to accept those jobs you are sent to youth camps where farmers will come and get workers. It is going to be a real force slave camp.^so, friends, we must decide here what we must do about this atrocious thing. We can protest or send deputations to the Government, but at this moment we cannot,only a mass action can work. The people of Sophiatown are going to be removed. The President has asked for volunteers to defend Sophiatown. So we must be ready to answer the call. These volunteers we are asking for is more than 1952 volunteers. We are going to meet harder punsihment." ^ You say you identified this person Molefe earlier in the proceedings? Yes. Now was the last speaker Bernard Molewa? Yes. And was he the person you referred to earlier in the proceedings? Yes. \L Will you tell the Court what he said? "Sons and daughters of Africa, we are bound to two eternities. They will show us exactly whether we are real honest. Men have been oppressed by other men. We are gathered here because we are oppressed. As long as these rulers are not just they are not rullers. This time is not a time of speakers. I believe as we are gathered here we are ready for action. Therefore let us accept the call of the President

14 8874. M. MASELEMA Many people in other countries are oppressed and they are struggling for their freedom. Here near us in Kenya those people are struggling for their freedom. person can he satisfied about oppression. Hofetf is that a People of Indo- China, they fight to their foreign oppressors. people showed by fighting against Imperialist The Korean governments. The Indo-China people fight against the very powerful government of Prance. The masses of the people are fighting for their freedom. Now this is the time for the people to join volunteers for liberation. In order to strengthen our liberation we must join to-day to participate in the liberation of our people. The volunteers have never failed if the people of South Africa during the war were forced to join why can't you join now? Y/hen I call upon the volunteers to enroll no African must turn back because we will be fighting for the interests of the African people. Bantu Education has been introduced. No other schools will be allowed to go on except the Government schools. Swart is busy banning our leaders. Schoeman is also busy to stop people from being employed. Don't turn back from the battle." x Does that conclude the meeting?-- Yes. My lords, the next is a meeting of the 15th August, 1954, and the reference is G.43. Have you got the exhibit G.43 before you? Yes, I have. Are those notes that you made at a meeting? Yes. What meeting? A meeting of the African National Congress, at Alexander Township. On what date? 15th August, And have you also got a transcript of those notes? Yes, my lords.

15 8867" M. MASELELA Looking at your notes and transcript, can you say what meeting this was? It was a meeting of the A.N.C. of the Alexander Branch. Did M. Mazunya act as chairman? Yes. Did you refer to this person earlier in the proceedings? Yes. And was the next speaker Sam Masimola? That is do.i T ffill you turn to page 41 of your notes, and my lords, it will he page 2 of the transcript, and read from "The A.N.C. will not bestopped"? "A.N.C. will not he stopped by anything to freedom. Many youths came to my house and asked me what line we are taking. them say we must destroy passes but I said no, Some of after achieving freedom we shall build a big house, a museum of these passes. If you want freedom you must follow behind the banner of A.N.C. Swart has no right to ban our leaders. Our constitution says a man must not be without A.N.C. ticket, he must come and join Congress. We cannot recognise his banning as he is not our member. Our leaders are sitting down purposely because they are many. Sisulu Kotane Luthuli. I stand here representing Luthuli. They cannot turn the clock back." Did he then speak in support of the Congress of the People? Yes. And against the Bantu Education Act? Yes. And did he say the youth will meet to oppose the Bantu Education? That is so. And this person you referred to earlier in your evidence? Yes. Then the next speaker was Danison Makiwana? Yes.

16 8876 M, MASELELA Is that the person you referred to earlier in your evidence? Yes. What did he say? "Sons and daughters of Africa, we are now to decide how we can go out of this oppression. When the white people came here we gave them food but today we are suffering. Millions of people die of hunger. If Malan says passes are good why can't he give them to Europeans? The leaders of Congress have made a call of volunteers; every man and woman must charge. The call is to be answered immediately. These volunteers are going to organise the people for the Congress of the People. After 1899 war when the Union was formed the Africans were excluded and were given 3 representatives. The Government of this country are excluding the majority of the people and they then fail to support the people. You have been called to come and build a nation. The Government has already been shaken by this Movement. Our leaders are banned but we will not be intimidated by these laws. Many people are in gaols, why should we be afraid. The Congress of the People will collect the demands of the people and build a democratic government. There shall be no democracy to racialist people who wish to drink the blood of other people. There shall be no room for minority who wish to rule majority. Every man must build this nation. We have the power in our hands. Is it not us who dig gold, who work in farms. If we lay down everything can a white man survive? The congress of the People will put to right every grievance. Remember the Governmentremoval of Sophiatown. Tomorrow Alexander ard Lady Selborne will go, that us why we must join in the campaign. The Government believe

17 8877. M. MASEMELA that if we are divided we cannot do anything. The Government ia losing a lot of money just like you see those "barking there. The Government and those "barking dogs. There are many ways of making a living. If a "barking dog stands in your way crach it. Malan is the cause of all these things. You have tc strengthen the volunteer corps, strengthen the Congress, and Trade Unions, for the freedom of the people, fre^om in our life time." Then did Mngoma address the meeting? Yes. Did then Mashamaite speak? Yes. Omit what they said and did Phineas Nene address the meeting? Yes. " - Is that the same person you identified earlier on in your evidence? Yes. Now will you turn to the last line of his speech on page 7 and tell the Court what he said? "Volunteers must come forward also and take their oath". I'm sorry, page 6, not 7, the last line on page 6?-- "We must tell Sisu* 1 u that here in Alexander we have 500 Congress members if you really support I appeal to you to come forward and join Congress " No, the third last line on page 6, "You have been told"? "You have been told to join volunteer corps. We are going towards the end of why can't you take Congress tickets? We must tell Sisulu that here in Alexander we have 500 Congress members. If you really support I appeal to you to come forward and hoin Congress, Volunteers must come forward also and take their oath." And did Bernard Molewa then address the meeting? Yes.

18 8867" M. MASELELA Is he the same person you referred to earlier in 1 your evidence? Yes. Will you read the first seven lines of his speech? "I am glad to see what you did this morning when you refused to listen to a seller, I told you that one who does not follow this flag of Congress is a seller. One speaker 5 told you that we hav e been invaded by a gestapo chief who printed cicrulars calling people to his meeting. He is working for Swart. His circulars were printed by the Europeans." Nov/ will you turn to page 8, the top of the 10 page, " T he purpose "? "The purpose is that he was bought to come and tell us to chase the people who used to live with us peacefully. Once we chase Indians and Chinese it will be the downfall of the Africans and weakening our forces. Laws are passed in Parliament!5 and we read them and even understand them better. We will prove that we are not cows and asses by action. We shall mobilise our forces and march to the gaols. All Congresses have come together to form Congress of the People;where our future lies we must support it. Swart 20 in the Parliament is just to frighten the people that they are Communists. But we want to show him that in the Congress of the People we have Europeans, Indians, Coloureds, Africans. refused to attend. These people were invited, but But our brothers who formed Congress 2 5 of the People have joined hands. So Ical1 upon you to come forward and strengthen our forces and go outside for more volunteers. Come and participate in the struggle." That was the end of that meeting? Yes.

19 8879 M. MASELELA My lords, the next meeting is one of the 19th June, 1955 and the Exhibit No. is G.180. I hand you G.180A. What is that? Notes which I made at a meeting held at Dube Township on the 19th June, The Exhibit, my lords is G.180; the transcript will be G.180 A. Who was the chairman at this meeting? Peter Selepe. Is he the same person you identified earlier in these proceedings? Yes. meeting? Yes. And did he call upon Mr. Sekoba to address the 10 And is Mr. Sekoba secretary of the Congress at Dube? Yes. Did he say on pagp 2 of the notes - - my lords page 1 of the transcript,,. "The Congress of the People is something..."? "The Congress of the People is something which will contribute something; it will show us something which will bring a change in the political history of the world." Go on from page 4 of your notes, page 1 of the transcript, about ten lines from the bottom, "Who 20 are the people?"? "Who are the people? You are the people the government is made of a few Europeans who are exploiting you. In this Congress of the People you will be allowed to express your opinionsyou will have to give your demands. You will have to say what laws you 25 would like, what constitution you i?ould like. You will remember this country is yours. You are the only one to correct things. Our oppressors, foreigners, who are exploiting are only temporary, came here. Every beginning has an end. Never you be deceived that this country 50

20 8880. M. MASELSLA is European country^/v Our children will only he deceived by Bantu Education, that this Country is for Europeans, So you must stand up and shack the bondage of exploiters. Friends, the demands of the people have to be collected in every sedition. In factories where you work, the demands have to be submitted to the Congress of the People, even here at this meeting demands should be collected. Nobody surely is satisfied with the ruling class,. So the Congress of the People must be held." Did he then speak on the Congress of the People and of the demands for the Freedom Charter?-. Yes. And did he also say that he wanted to demand to abolish passes? Yes. And then at the bottom of page 6 will you go on from "The capitalists..."?-- "The capitalists have made these laws for us only to tie us to their jobs. With passes we have no freedom at all. perhaps what will be the benefit Some of us will say of Freedom Charter. We shall do this in the Charter names of people who do not want passes will be writtendown and will form a big Parliament, and there we shall have a true record of people who don't want passes, and we shall forma strong force which will fight Verwoerd and we shall kick him. Because that would be the will of the people. Why we cannot defeat these people now is because we are not united. After the Congress of the People everything which has been dealt with will make the Government realise what we really want." And he concluded on the Group Areas Act, is that right? Yes. RUMPFF J: He didn't speak on the Group Areas Act.

21 8881. M. MASELELA MR. VAN NIEKERK: He mentioned it, my lord. Well, did he continue speaking for some time after that? Yes. And eas Selepe the next person to address this meeting? Yes. You have already identified Selepe? Yes. Will you just tell the Court what he said? "You have heard when you are told about the conference to be held at Kliptown. You are educated even better than Strydom.^This is not a democratic country but a police state. We have no freedom of movement, freedom of 10 assembly. Tomorrow you will be refused to meet your wife^ What kind of a father to your child if you cannot tell your child what to learn. In future you will not have to know history, geography etc. I appeal to you to beserious. The Dutchman know that gold in mines are not theirs but ours. Your brother is paid 1.10,0 a month. The future of this country is us. We must fight for the future of our children." RUMPFF J: Why must we have all this? Why cannot you pick out a few sentences that you want, why 20 all this7 MR. VAN NIEKERK: Did he say that the future of this country is theirs? Yes. he say. RUMPFF J: Yes. And a little further down did that the white people are their enemies? Yes. But that the white people will never be free as 25 long as he is not free?-- That's right, my lord. ^ Then he me tions Bantu Education? Yes. sentence? Yes. And he says that Kenyate is serving a 7 years 50

22 8881. M. MASELELA And the job still goes on? Yes. MR. VAN NIEKERK: Then from p^ge 17 "We are determined that our children shall eat the fruits of this country and the gold shall belong to them"? Yes. Lid a person by the name of Chikwane speak after that? Yes. Now turning to page 25 of your notes, page 6 of the transcript, my lords, the next person to address the meeting was Leslie Masena? Yes. Do you know him? Yes. Can you identify him? Yes 10 Will you please do so?-- (Identifies accused No. 7). Will you tell the Court what he said, the first half of the page, my lords. RUMPFF J: Well, did he say that the country 15 is the irs and the white people must have fear when they meet? That is so. They don't want them to go back from where they came, but their forefathers were bad people? Yes. They also used to speak Xosa kaffir? Yes. 20 MR. YAN NIETERK; And did he say they want to get rich without sweat? Yes. Then lower down, page 1, did he say "Tell your children this country is theirs and in future they will rule this country"? Yes. 25 Will you read from there, page 28, "Tell your Children"? "Tell your children that this country is theirs and in future they will rule this country. We do not say to them they should leave this country. But we say we should eat end be rich like them and 30

23 8867" M. MASELELA have cars. We want to get freedom for the African detec- 1 tives also because they use bicycles while the Europeans go with cars. They get 40 while Europeans get 100." RUMPEE J: There's a lot about Bantu Education which he clearly attacks, the top of page 7. MR. VAN NIEKERK: On pages 30 and 31 of your 5 notes, did the speaker criticise the Bantu Education Act?-- Yes. RUMPEF J: And he ends by referring to the Parliament again? MR. VAN NIEKERK: Anddid he say why are they 10 afraid of History and Geography, why they don't want that. "You know about the French Revolution and how China got its freedom in 1949"? Yes. Did he say the police must come to their meetings? Yes.!5 And school committees have been appointed but their names have not been published? Yes. And did he say "We would like to know these African oppressors"? Yes. And then did Mahlangu address the meeting? Yes. 20 Do you know Mahlangu? I know him. Do you know whether he's connected with any of the Congresses? Yes, Which? He is a member of the African National Congress. 2 5 Was he an accused at the Preparatory Examination? Yes. My lords, that concludes the evidence on this meeting. The next meeting, my lords, is a meeting of the 8th October, 1955, reference No. G.851 See if your 30

24 8867" M. MASELELA notes refer to a meeting held on the 8th October, 1955? Yes, they do; it was a conference. Have you got a typed transcript, G. 851 A, my lords? Yes. Have you checked that transcript 9 Yes. Leslie Masena. Who was the first speaker at this conference? Have you identified him? Yes. What did he say? "We have met here because of the A.N.C. conference. You know we have met here because you know of our oppression. Ever since we started the campaign to liberation many changes have developed. The Congress of the People which demobilised the people has shown itself. I therefore open the conference. I hope we shall build the people of South Africa and have peace.^-unfortunately we have asked somebody, Rev.Dlepa to open our conference and he is not here. Did Lawrence Nkosi then address the meeting, after Masena? Yes. Was he an accused at the Preparatory Examination, do you know?-_ I'm not sure. Do you know whether he belonged to any of the congresses? I don't know this person well. Some others of our people know him better. And after him did a person by the name of Daniels speak? Yes. Representing the Coloured Peoples Organisation? That is right. Well, what did he say? "Representing the Coloured People Organisation. For many years the A.N.C. has created a home to learn the political situation of

25 8867" M. MASELELA the world. The Defiance Campaign fought the Bantu Ed ID a- 1 tion which they fought. The A.N.C. did not last there, hut formed the Congress of the People. I am therefore highly pleased to he here in the Congress mainly to "bring you the sincere greetings. The Coloured People Organisation is also fighting passes. I must therefore thank the A.N.C. 5 f or their support in this struggle I wish your liberation to be a success. I hope you will continue to walk side by side with all democratic liberation forces in South Africa. Do you know this person Daniels? I don't know him well. I have seen him. 10 The next speaker was? Helen Jiiae-phr. Do you know Helen Joseph? I know her well. Can you identify her if she is in Court? Yes. Will you do so please? (Identifies accused No.2) Did Helen Joseph bring a message of friendship 15 andsolidarity from the S.A. Congress of Democrats? Yes And did she say that the Congress of the People although the police raided the Congress of the People the Liberatory Movement must go forward? Yes. And that the S.A.Congress of Democrats paid 20 tribute to the African National Congress? Yes. Was the next person to address the meeting Patel? That is so. Do you know this person Patel? I don't know him well either, but I saw him on that day. 25 Do you know whether or not he was an accused at the Preparatory Examination? I'm not sure. Did he bring greetings from the Indian Congress and did he say he was joint-secretary of the Indian Congress? Yes. 30

26 8867" M. MASELELA Did he say that many people have been hunted "by their oppressors but today they are free? Yes. And in South Africa the Nationalist Government is trying to intimidate and create fear in the minds of the people? That is right. And that although the police may raid them they will continue the struggle? Yes. The Congress is determined to free the people? Yes. And the struggle is a difficult one? Yes. Will you read on from there "The Government have taken the method of Hitler. We know in Germany the youths suffer in thousands. JL But our hearts should face the tiger. The Government is trying to break the unity of various organisations and put in many spies in our organisation. They say A.N.C. should say I not we. But I say we of A.N.C. cannot tolerate that. If we are of two Congresses we have one spirit. If we really want to to belong to this organisation we must get rid of these elements. If we have two fighters in our organisations then we must not allow these people to get into our people. They want to spoil Freedom Charter. We accept the Freedom Charter, then it is our duty here to leave this conference signing our names. We may shout Africa but it will come back only when we organise our people, Africans, Indians and Coloureds, and I am sure after that the freedom of our people will be nearer and nearer than before. I wish the conference a, success." The next person to address the conference, was that Robert jjealia? Yes. Is he a person you have already identified? I have, my lords.

27 8867" M. MASELELA What did he do? He read a message from Peace Council, and announced the credential committee. After that did E, Moretsele - - first, what else did Resha announce? Resolution Nkadimeng. Do you know Nkademing? No, I don't know him well. Then Moretsele addressed the conference? Yes. What did he say? "We meet here this afternoon. We hope that everybody will find himself at home. Before... Just a moment; do you know this person Moretsele? I know him well. Is he a person you have already identified? Yes. What did he say? "We meet here this afternoon. We hope everybody will find himself at home. ^"Before I go any further we shall soon discover when we read this paper you shall also discover Congress shall point to you the people who shall liberate the people. This charter will be read to you which was formed by Congress of the People. You will remember that in the Freedom Charter the police raided us in Trades Hall for Treason sedition, also in Kliptown only because we said the people shall rule. We of A.N.C. are determined that we shall go to gaol willingvt ly for freedom. If we die, then for freedom.^ Jesus Christ preached that the people are equal here on earth. Today all over the towns people live in shelters in bad conditions. commotion; Moses was born after his birth there was a he was picked up by Pharoah's daughter. Some people say Moses will lead the people to heaven. Freedom is in our hands we should all do the work, not only..." RUMPFF J: Why have we got to listen to all that? The last portion of the speech.

28 8888 M. MASELELA MR. VAN NIEKERKs There is one sentence I should 1 have omitted there, my lord. Continue please? "Freedom is in our hands. We should all do the work not only me as President but as well as you. I thank the Chairman for what he has said about the police. We are not worried because they are just boys. Therefore those who do not like 5 to vote for me I don't force them to do so. And was the Presidential address then read by one Philemon Mathole? Yes. Do you know PbllemorL-Mathole.2 Yes, I know him. an you identify him? Yes. 1 Please do so if he is in Court? Identifies accused No. 8). Then after that did Abie Manala address the Conference? Yes. And after him Aaron Mghlangu? Yes. 15 You have already referred to Aaron Mahlangu in these proceedings? Yes. Will you just tell the Court what he said? "We have 99of Johannesburg workers. The British guns won the war but the Boers have taken the country. In this issue of 20 passes the workers must be in front, then the people would follow. Then after that didi Sekozana address the meeting? Yes. And then Ida Mtwana? Yes. 25 Then after that unknown person by the name of Molefe addressed the Conference? Yes. RUMPFF J: What do you mean by an unknown person by the name of Molefe, Mr. van Niekerk? MR. VAN NIEKERK: It's a difficulty I have, my 30

29 8867" M. MASELELA lord, trying to shorten the proceedings and trying to explain things that the witness has written down. RUMPFF J; In what manner does this cause you difficulty? If it says 'unknown person' - in brackets Molefe - then you put to the witness "Did an unknown person by the name of Molefe". MR. VAN NIEKERK; Well, that's what I understood, my lord. It's a person by the name of Molefe but he doesn't know him. RUMPFF Js Well, why don't you ask him. MR. VAN NIEKERK; Did an unknown person then address the meeting? Yes. Do you know this person? Shortly afterwards I heard that his name was Molefe. What did he say? "We men have been...." RUMPFF J; Perhaps you could say by whom you were told? Other people who were with me, my lord. Then you don't know of your own accord that this man's name was Molefe? No. You didn't know him at all? I didn't know him at all; I saw him for the first time. MR. VAN NIEKERK; What did he say? "We men have been defeated. So you women must do the job. The women doing domestic work have been given forms. * You must organise these women. Amy woman who will agree to carry a pass her house should be set on fire. On the 1st January 1956 all men should burn their passes. Something must be done about these detectives who are selling us.^ Some of them have been boys brought up and schooling in the secondary school here at Orlando here they are have joined the police force,"

30 8890. MR. MASELELA After that did Leballo address the Conference? 1 Yes, that's right. Then Baduza? Yes. Did you see the following persons at this Conference Leslie Masinajghom you have already identified? Yes. Do you know Lilian Ngoyi? Yes. 5 Can you identify her if you see her? Yes. Do so if she is in Court? (identifies accused No. 14-). E.P. Moretsele you have already identified? Yes. And Mahlanga you have described? Yes. 10 Malaoa? Molaoja, I know him. Can you identify him? Yes. Please do so if he is in Court? (Witness identifies accused No. 9). Robert Resha you've already identified? Yes. 15 Mavuso you have already described? Yes. And Molewa you've already described? Yes. Makiwane you have already described? Yes. Masimola you have already described? Yes. Mochaolane you have already described? Yes. 20 Motsele you've described? Yes. Mashamaite? Yes. Do you know Mashamaite? I know him well. Do you know whether he was connected with Congress? Yes. 25 What Congress? A.N.C. Alexander Branch. You have already described Mazunya? Yes. And Sampi Mai ope? Yes, I know him. Do you know if he was an accused at the Preparatory Examination? He was. 30

31 8867" M. MASELELA ON THE COURT RESUMING AT 2.15 P.M: 1 MR. VAN NIEKERK: Now you gave evidence on the Conference of the 8th October, 1955? Yes. In your notes have you got the nine points of the Freedom Charter, There shall be peace and friendship; there shall be houses security and comfort; The people shall 5 share in the country's wealth; The doors of learning and culture shall be opened; The people shall govern; All national groups shall have equal lights; be shared among those who work ib it; The land shall All shall be equal before the law; There shall be working security? Yes, I've got it. 10 Where did you take this from? They were on placards, on cards, all over the walls of the hall where they were holding the meeting. My lords, that concludes the evidence on this Conference. I am now proceeding to Conference of the 15 31st March, 1956, to 1st April, The next is G.914 my lords. Now you have in your possession a note G.914; what is that? They are names of members that I saw at the meeting on the 31st March, KENNEDY Js You mean names of people? Yes, 20 my lord, who are members of the A.N.C. MR. VAN NIEKERK; Where did you see these people? At Orlando Township, at the conference; that was the day after the meeting that was dealt with just now. KENNEDY J; But that was October, MR. VAN NIEKERK; Yes, that was October,1955; I'm talking now about the 31st March, 1956? I'm just checking through, my lord. I have a report that I handed 30

32 8867" M. MASELELA in, but on these notes here before me I have no record of i where this meeting was. I might have it RIJMPFF J; Have you got the date? I've got one here 31st March, Have you got names down, a fter the 31st March, 1956? No, these names are of people I saw on the 31st 5 March, MR. VAN NIEKERKs Will you just hand me those names. There are some notes 10 a.m a.m. 31/3/56, is that right? That is right. Is there another page, 9.30 a.m. $1/3/56? 10 RUMPFF J; 21/3/56? MR. VAN NIEKERKt 31/3/ a.m.? That is correct, yes. And is there one 9 something a.m. 1/4/56? Yes, that is right. 15 What does that reflect, do you say? The one of the 31st March 1956 are the names of people I saw on that day, on the 31st March. v KENNEDY J; Where was that? That is what I say, my lord, I have no notes on this, a record of where 20 it took place. Is it not on any of those notes there? I am under the impression, my lord, that it was at the Communal Hall, Orlando Township, but I'm not certain; but my report would show. 25 MR. VAN NIEKERK: Did you, soon after this note taking, after you made the notes, did you compile a report? Yes, I did. And that report, does it correctly reflect what transpired on those days, the 3i s t March, 1956, and the 50

33 8867" M. MASELELA 1st April, 1956?-- Yes. And if you have a look at your report will you be able to refresh your memory and tell the Court on what occasion it was that you took those names? Yes, Is that your report? Yes. When was that report made? This meeting was on the Saturday and Sunday went by and on Monday I made this report. When - is there any date appearing on that document which shows you when you compiled it? RUMPFF J; Is there a date on the report? MR. VAN NIEKERKs What was the date of the report? Right at the end of the report, my lord, there is a rubber stamp impression, and on that rubber stamp impres> si on there is a date filled in, the 3rd April, On the 3rd April, 1956, would you still have had a recollection of what transpired on the 1st April, 1956 and on the 31st March, 1956? Well, I had before me notes which included a list of names that I took down, which I just had to re-write, from my notes on to the report. That is so, but did you on the 3rd April,1956, have a knowledge of what those notes referred to that you made on the 31st March, 1956 and the 1st April. 1956? Yes, clearly. And if you are allowed to refer to your report would you be able to tell the Court to what your notes refer? Yes. My lords, may the witness refer to his report? RUMPFE J: Yes.

34 8867" M. MASELELA MR. VAN NIEKERK; What do those names refer 1 to, those names that you took down? They are the names of the people I saw there. Saw where? At the Communal Hall, Orlando, On what occasion? At the Special Conference held there. ^ Special Conference of what? Of the African National Congress, And do these names include the following personsi R. Resha?-- Yes. Is that the person you identified to the Court ]_q? Yes. And P. Nene? Yes. L. Masina.. Nene, have you identified him in these proceedings? Yes. I pointed him out. Masina, have you identified him in these proceedlags? Yes, Aaron Mahlangu; have yoa referred to him already "V in your evidence? Yes. P^ Ma thole? Yes. Have you identified him in these proceedings? Yes. po Jerry Kumalo? Have you referred to him in these proceedings? I have a Jerry Kumalo here, but I cannot remembet him distinctly. You can't remember him? Not distinctly, my 25 lord; I've got his name down. Ida Mtwana? Yes. Do you know whether this person was accused at the Prepratory Examination? Yes, she was. D. MakLwane?- - Yes. ^q

35 8867" M. MASELELA Is that a person you have referred to in these 1 proceedings? Yes. LiliaiiJggoyi?-- Yes. Do you know this person? Yes. Can you identify her? I have pointed her out. You identified her this morning? Yes. 5 Do you know a person by the name of Sain pi? Yes. Who is that? Sam pi lalupwe. Was he an accused at the Preparatory Examination? Yes, he was. And E.P. Moretsele? Yes, and I pointed him out 10 in Court. Joseph Molefe? Yes, he is also here. I pointed him out. Bernard Molewa? Yes. Michael Motselg_, cud you refer to him this morn- 15 ing? Yes. Majunye, did you refer to him this morning? Yes. Maloao? Yes. I pointed him out here. H.G. Magothe? Hendry Magothe, I know him. Was he an accused at the Preparatory Examination 20? Yes. Alpheus Mdebe? I know him. Do you know whether he was connected with congress? Yes. He was a member. A member of? African National Congress. 25 And Mashaimate? I know him and I have referred to hin. Then the 1st April, 1956, have you got the name of Mary Rante? Yes, I have that name. Do you know this person? Hes, I do know her. 30

36 8867" M. MASELELA Did you refer to that person in your evidence at all? No, we have not spoken of her. Do you know whether she is connected with Congress? Yes, and she was an accused. Where? In this case. At the Preparatory Examination? Yes. And Sampi Malupe? I know him and I have referred to him. LjlianJfeoyi? Yes, she also. You have referred to her? Yes. ]_q Leslie Masina? Also Leslie Masina. And B. Molewa? Yes. And Yes. And Mokawane? Yes, And Moretsele? Yes. And Mdebe? Yes. 15 And Mazunya? Yes. And Mot sole? Yes. You have referred to all these persons in your evidence? Yes. And Philemon No thole? Yes. 20 And Aaron Mahlangu? Yes. Obed Motsabi? Yes. Was he an accused at the Preparatory Examination? I'm not sure. 25 Do you know whether he was connected with Congress? Yes, He was a member, Simon Tjiki? Yes, he is here. Can you identify him? Yes. Please do so? (Witness identifies accused 3Q No.21).

37 8897 M. MAS KIEL A, Patrick Moloao? Yes, and I have pointed him 1 out. P. Nene? Yes, and I have also pointed him out. Bob Ncwendu? Yes, we haven't referred to him yet. Do you know whether he was an accused in the Pre- 5 paratory Examination? I'm not sure. gress at Do you know whether he was connected with Conthe time? Yes, he was. Then J. Mashamaite? Yes. You have referred to him this morning? Yes. My lords, that concludes the evidence on this conference. June, My lords, these notes have not been allocated a number. I am now referring to a meeting of the 3rd I suggest that these notes be numbered G.846 A. Hwve you got notes in front of you? Yes, I 15 have. What does that refer to? Notes that I took at a Regional Conference held at Jabavu. What do your notes say? I didn't make a note as to where I took them. That is not on these notes before me. Maybe I have it on my report. Did you make notes at this meeting? Yes. In relation to this gathering when did you make your notes? As the meeting was being held I was making the notes. 25 And if you refer to these notes will you be able to tell the Court what happened there? Yes, I will. My lords, m.ay the witness refer to his notes? A copy of this has been handed to the Defence, my lords. Unfortunately I only have one copy available. Now, at

38 8898 M. MASHELA this meeting you say it was held on the 3rd June, 1956? 1 Yes, on the 3rd June, And was there a speaker by the name of J. Kumalo? There was. What language did he speak in? Sesuto...no, in Zulu. 5 And was this interpreted? Yes. Into? Prom Zulu into Sesuto. Now this J. Kumalo? do you know him? I saw him on that day only. I don't know him well. And the speaker after Kumalo, was that an 10 Unknown Male? lea. And did he speak in Sesuto? Yes. And was it interpreted by J. Kumalo? Yes. Into what language? I didn't make a note as to what language it was interpreted into. 15 After that did Abel Mtembu speak? Yes. lid he speak in Sesuto? Yes. And was it interpreted by Aaron Mahlangu? Yes. Into Zulu. Now, the speaker after that, was that a man by 20 the name of Salonki? Yes. What language did he speak in? He spoke in English. And was it interpreted? Yes. Into what language? Into Sesuto. 25 By? Aaron Mahlangu. Is that the Mahlangu you referred to earlier? Yes, it is. What did Salonki say? "I am not much of a speaker. But I choose to be a worker, but things cannot 30 be achieved by words but by work. The result is only

39 8899 M. MASI1ELA but hard work, more work. As you know the Freedom Charter will be one year old this month. but we do not know the place yet Now on the 24th this month The mass meeting will be called on that day. the way to Freedom. I appeal to you now to know we are on The Freedom Charter can only be achieved by hard work. Speak the message to everybody. The Freedom Charter contains many things. It contained these the people shall rule. White, black, green, yellow together. The people shall share the wealth of the country. Some people shall not profit with the wealth of others. The world shall share amongst whose who work it. Why others 3 should take the wealth away while we go with hungry stomachs." KENNEDY J: Mr. Van Niekerk, is there a specual point that you want? MR. VAN NIEKERK; As your lordship pleases. KENNEDY J: I wonder if you'd tell me what it is? MR. VAN NIEKERK; The shorthand writer testified to this meeting and also there is an overt act... KENNEDY J; This is about the Freedom Charter. What is the overt act? MR. VAN NIEKERK; The overt act, my lord, is on page 3 of the schedule C. KENNEDY J: I'm referring to what is going on now. Is it merely introductory? MR. VAN NIEKERK: My lord, it is to show, to compare this witness' notes with that of the shorthand writer who took down notes at the same meeting, KENNEDY J: But are they in dispute? MR. VAN NIEKERK; We don't know, my lord. The Crown doesn't know whether these notes are in dispute.

40 8867" M. MASELELA RUMPFF J; But were they disputed in cross examination? MR. YM NIEKERK; We don't know whether they - whether this person's evidence will be disputed, my lord. RUMPFF J: But has the shorthandwriter already given evidence? MR, VAN NIEKERK; Yes, my lord. RUMPEE J; If hi." evidence has not been attacked in cross examination, the contents of what Was said, MR. VAN NIEKERK: I'm not concerned about the shorthand writer, my lord, being attacked; I am envisaging the position whare this witness will be attacked. KENNEDY J; On what? MR. TAN NIEKERK; On his ability to take notes at meetings, my lord* RUMPEE J; Other meetings. MR. VAN NIEKERK; Generally, sir. KENNEDY J; Well, I was merely enquiring. MR. VAN NIEKERK; As your lordship pleases. Proceed please? "The worl r "i shall share amongst those who work it 0 Why others should take the wealth away while we go with hungry stomachsthe people shall enjoy equal lights. Why should other people fighting for the principles of Freedom Charter, the people are deported away into the desert. The doors of learning and culture shall be opened for everybody. at every school where it likes. All children shall learn There shall be houses for everybody - no shelter like these ones you see. There shall be peace and friendship* All these things can be achieved by hard work c Evon God does not help those who

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