Previously, Mr. Chairman, I have already explained what the. Congress of the People is, what its aims are, and do not wish

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1 assembly in the history of South Africa on our march to freedom. Previously, Mr. Chairman, I have already explained what the Congress of the People is, what its aims are, and do not wish to cover the same ground again, but there is one point I feel I must emphasise. In the great Defiance Campaign we have been dividing the country in two distinct camps, the camp for peace and freedom led by the African National Congress, and the camp for reaction and oppression led by the Malan Government. Yes, the Congress of the People mustprovide the next opportunity to emphasise democratic South African demands and take our struggle to a higher level. And it is. for the carrying iout of these aims tkat our freedom volunteers will have to play a great part. There are a great number of taks which the volunteers will be called upon to perform, tasks that oppressed South Africa is looking upon them to perform with determination and courage and with confidence. On our path there is no turning back. The important thing therefore is that these freedom volunteers must realise this does not just mean finding another form of joining another society. All of us should realise that our paths are not going to be smooth and full of roses. The primary task of the freedom volunteers as has already been explained from the platform, is to carry the call, the message, to bring the Congress of the people to every nook and corner of South Africa, to every individual and to every corner of every street, and every home, and every factory and farm, to every school and university and every place wherever there are people. Volunteers must discuss with the people their conditions, their demands and have it carefully studied, and they must bring back these details to the organisers who will then have the aspirations of all of us in South Africa, and they can then record it in the charter of freedom. The volunteers must at all times bear in mind that we are going to the masses of the people of our country not with something we hope, something that is far

2 far away from their day to day life. The Congress of the People must be made into a living movement, taking into account each minute detail and ensure that these are conveyed to theproper committees for discussion. The volunteers must, for instance, explain the Bantu Education Act as a scheme for creating a servile nation of slaves. They must explain the Group Areas Act, the Native Resettlement Act, the Native Labour (Settlement of Disputes) Act. They must talk about the fierce attempts that have been made to behead our congress movement of its leadership, of the Pass Laws, that drive hundreds of thousands of people every year to prison and which are used to provide slave labour for the farms. They must talk and listen to complaints about housing, about transport, about rent, about cost of living, about the price of head, about everything they have to talk about. And after talking to these people, then as Mr. Slovo has said, we must not allow the matter to lie there. It must be the aim of the volunteers to set up congress of the people committees in every establishment where it is possible to set up one. In every factory, on the mines, on the white farms, in every mine we must and can find two or three people, to form congress of the people committees. The volunteer force will issue instructions from time to time as the best way of getting into these places to organise the people. But one thing all volunteers must realise, that their task is not going to be an easy one. There will be many obstructions, they will meet many tell difficulties, and most important of all, we must/them again, constant provocation from all forces. They will come up against provocation with their own people who are openly in the hands, in the camp of the enemies, like those police who are sitting here this afternoon. And they will come across provocation by people, by dirty things who will go out to create suspicion and destruction. They must be a disciplined core of men, our " i».

3 volunteers must never allow themselves to "be provocated, and the volunteers must ensure by constant explanation that the people too are not unnecessarily provocated. In all great movements such as ours, and here we must learn a lesson from the national liberation movements in other countries, in all these movements the enemies will resort to all sorts of methods ranging from fights to open brutality in an attempt to crush our movement. Volunteers must be ever vigilant and guard against these acts. Every time volunteers allow themselves to be provocated, we must remember it is a victory for the enemy. Foremost in our minds must be the goal for which we are striving and we must all behave in a manner that we do not do any harm to the progress of our movement. Bear in mind that the enemies in its fears, in its desperations are trigger happy. Previous orders have been renewed by Blackie Swarts to his police that they must shoot first and think afterwards. We do not want to waste a single drop of freedom blood unnecessarily, Chief Luthuli's call is not confined to any particular section of the people. No matter what your occupation, no matter what the colour of your skin, in the volunteer force there is a place for you. The only three conditions are that every volunteer must have a love for South Africa, for his people, and for the future. If you are a teacher, you have a very important task to perform amongst the people. You must carry the Congre ss call to the schools, to "the citizens of tomorrow. As a freedom volunteer, you must teach your pupils the true history of South Africa, the history of great men of Africa like Dingaan, and their great sacrifices against aggression. You must teach the children to remember and to love these people and to learn from them. The teachers must instil into the young minds not the poison, but the patriotism and love for South Africa. They must instil into the young minds the spirit of revolt against Bantu Education, and all,

4 everything that carries with it the stamp of inferiority. They must help to "build up a strong and upright people, people ready to fight, just like the leaders. The teachers have the same task to perform. You must carry the call of the Congress to every congregation throughout the length and "breadth of Africa. The preachers who do not help us to defeat apartheid they must remember that the very churches stand in danger of "being uprooted under the Group Areas Act and other acts of the Malan Government, Sportsmen must carry the message to the sportsfields, the doctors must carry the message to the patients, the workers must carry the message to the factories. Wherever you are ard whatever you do, remember that there are millions of oppressed people who are waiting to see the light. Of course, the volunteer force must be very careful in the manner in which they allocate tasks to the volunteers. Uppermost in the minds of the volunteers must be the safety of the volunteers must be the safety of the volunteers and as far as possible they will see to it that no tasks are allocated to them that might cause unnecessary hardships. Each volunteer will have to fulfil certain requirements and is subject to a code of discipline," speech was then interrupted by one of the speakers; The "Mr, Chairman, I believe our able representatives are back, and I would like to ask Mr. Kathrada to stop for a minute. Mr. Beyleveld will now take the chair," There was applause, and Mr. P. Beyleveld, one of the Accused took the chair. Do you know P. Beyleveld? Yes. (6) He said "Before I take the chair I wish to make an announcement. This conference authorised myself and Mr. Wolpe this morning to make an application to the Supreme Court to ask that the police who are present at this confarence be ordered to leave. (Applause) We just came back from the Supreme Court and our request has been granted. (Loud applause and shouting.) I want you to be

5 quiet for a minute, and whilst you are quiet I am.going to ask all members of the South African Police Force, European and non-european, and members of the C.I.D., kindly to leave this hall." There ware shouts of 'Voetsak 1. One of the speakers then said: "My dear friends, this is a conference, we have our chairman here, Mr. Beyleveld, and he needs no assistance from any of you delegates here, and you must sit down, your leaders are here to see the detectives out, and if every one tries to assist the chairman without his consent, I will be pleased if he goes out with the police. We want complete discipline here, and we are going to have it. Mr. Unterhalter here has brought a message from Major Spengler." Mr. Unterhalter said: "Major Spengler is outside, and he asked me to convey this message to the detectives, any of them who may be in the audience at this moment. He states that he is under interdict from an order of the Supreme Court not to enter this room, and therefore he cannot enter the room himself; would the detectives who are in the audience, if there are any, leave this room now on the instructions of Major Spengler, which I am now conveying to those detectives on his behalf." I then left the meeting. (Transcript handed in, G.840) CROSS-EXAMINED BY MR. SL0V0: Do you recall a gentlemen, Guy Routh? I do not. Reading the call? I do not recall it. Possibly, if I may remind you, he read it in a very dramatic fashion, clearly and slowly? Yes, I think so, I want to suggest to you that there are certain words and certain passages which you attribute to him, which he did not say; is that possible? I cannot claim to be absolutely infallible. Infact, he was reading the call, he wasn't just making it up? That is so.

6 And this call has "been read on a previous occasion in this Court, and the document which you have described as 'The Call' and attributed to Dr. Guy Routh, differs in certain portions? I know that. I must say that people deviate when they read; they deviate from their notes sometimes. I can't say this gentlemen did it, although I do not claim to be infallible, I must state that I am aware of those discrepancies. So let me put it to you generally, that there may be other passages and speeches contained in this transcript, which may not accurately reflect every word used by a speaker? Although I have typed to the best of my ability, without favour or disfavour, to record what is being said, I cannot claim to be infallible, and when recording in shorthand, there are certain factors to be taken into consideration? And it is not possible for you at this stage to refer to your original notes in order to ascertain whether the transcript accurately reflects what is contained in your original notes? That is correct. During the course of your duties as a shorthand writer in the police, have you had occasion to make a recording from a tape? I have no factual knowledge about that. And you yourself having been called upon to take shorthand notes of what was contained in a recording on a wire, or any other mechanical recording machine...? Not to my knowledge. Not to your knowledge; but if you had done so you would recall it? I cannot say; I have been involved in numerous investigations, and I might possibly have on one occasion written something from a wire recorder, but I don't recall it. How long have you been a shorthand writer? ' 0 r the South African police, the last six years approximately. And you arrived at that meeting, together with your superior officer, Major Spengler? Yes,

7 If I recall it correctly, when the police contingent arrived at the door of the hall, the person at the door indicated to them that this was a delegates conference? Yes. And that they were not delegates, that they couldnot enter the hall? That is correct. And I recall further, your officer in charge, Major Spengler, thereupon put his fist up, in this manner (indicates) and proceeded towards the door? I cannot remember that; I don't know. Do you deny that? I don't deny it, I just say I don't remember it. (No further MR. COAKER: questions) NO QUESTIONS: NO RE-EXAMINATION: ISAAC SHARP, duly sworn, EXAMINED BY P.P. Are you a coloured detective sergeant, S.A.Police, stationed at Johannesburg? Yes. And on 25th July, 1954, did you attend a conference of the Congress of the People held in the Trades Hall, Johannesburg?-- I did. Did you make notes of people present at that meeting? I did. You have a document in front of you? Yes. That document consists of names of persons? Yes. When was that document written? It was written on 26/7/1954. Prom what information did you compile that document? Prom the notes I took at the time. Are those notes still available? The notes are missing. Have you searched for them? Yes, we have searched for them and can't find them.

8 You say that document was compiled on 26/7/1954? Yes. The day after the I ask leave meeting. of the Court to let the witness refer to those notes. BY MR. COAKER: I am neither consenting nor objecting at this stage. Should any reason for objection emerge, I will take that objection. BY MR. COAKER; My attitude is the same, Sir. EXAMINATION BY P.P. CONTD.: Referring to those notes, can you tell the Court what people attended the meeting of the Congress of the People on the 25th July, 1954? William Ngwendu Read only the names ofpersons known to you to be Accused persons? William Ngwendu. (53) Can you identify him? Yes. Next is Phineas Nene (51); Before we continue, do you know all these persons who are accused, and can you identify them? Yes. Sam Masimula (33); Joseph Molefe (43); Prank Madiba (23); A.M. Kathrada (18) A.E. Patel (58); Parrid Adams (l); Oliver Tambo (74); E.P. Moretsele (46); Gert Sibande (71); Sampie Malupe (31); M. Yengwa (151); Joe Slovo (72); Jonas Matlou (38); P. Mathole (37); Paul Joseph (14); Simon Tyike (75); Moosa Moola (44); Lawrence Nkosi (55); Leslie Masina (34); Andries Chamile (8); John Nkadimeng (54); Dr. H. Moosa (45); Dr. W. Conco (127); Helen Joseph (13); H.G. Makgothe (29); Marx W. Shope (68); B. Seitchiro (64); Ida Mtwana (49); Robert Resha (63); Lilian Ngoyi (52); Piet Beyleveld (6). (List handed in G.84I) At that meeting, did you also receive some documents? I did. Is that an enrolment form for volunteers? Yes. (Handed in G.842) Where did you get that? It was distributed in the hall

9 "by a young unknown Indian male. The next one, G.843,? I got this from Farrid Adams, (no. 1). It is the agenda of the meeting of the Congress of the People. And are there any names of speakers on that? Yes, The names of the speakers are given in this document. What are they? The first name is Dr. W. Conco, Treasurer General of the A.N.C. The next name, not an Accused, Dr. Guy Routh. And following that is Mr. J. Slovo, and Mr, Duma Nokwe, Mr. A.M. Kathrada, and the chairman of the second session, P. Beyleveld. An appeal for funds Mrs. Alice Shoko, Are there any other names of Accused persons appearing on that list? The draft resolution by Mr. A. Daniels, Do you know who Mr. Daniels is? I do. Who is he? He is not amongst the Accused. He is the chairman of the Johannesburg branch of the S.A. Coloured Peoples Organisation. That is allthe names. Do you know a Mr. Duma Nokwe? I do. Is he amongst the Accused? Yes. Can you identify him? I can. (56.) BY THE COURT; Is this a meeting at which Det. Sgt. Coetzee took the notes, BY THE P.P.: That is so. This is the meeting on which he has just concluded his evidence. (No further questions) CROSS-EXAMINED BY MR. SLOVO : I notice next to some of the names in your report, you have the words in brackets 'file on this man.' What does that mean? I didn't know the man's name at the time, but I knew that we had a file on him. So did you go to the file to find out his name? I don't remember going to the files, but I submitted that form and my superiors may have gone into the files.

10 Then why did you put 'file on this man'? It was for their information, that there was a file on this man. And on all the other men, 67 or 69 of them there are 69 names that you have recorded here. I presume there are files on most of these people, or there were files? I think there are files. Why didn't you put 'file on this man' or 'this woman' next to the other names? As I say, I didn't know his name at the time. So when you put his name down you didn't know it I don't understand you? I didn't know his actual name. BY THE COURT; What do you mean by that that you put the name down, but you didn't know whether that was correct? I don't know if the name I put down was the correct name, but r knew that that person, there is a file on her. You weren't sure whether that was his correct name? I wasn't sure if it was the correct name. How did you verify then that these names that you wrote down were correct? They were verified in the files. You didn't do the verification yourself? No, I didn't. I handed over this thing to my superior officer. CROSS-EXAMINATION BY MR. SLOVO CONTD.: Is there a picture of all these people in the files? I don't know. May I have a look at the tiepin that you are wearing? (Witness hands tiepin to Mr. Slovo) Am I describing it correctly, this is the shape of the Continent of Africa? That is correct. And it has 'Afrika' written across it? Yes, This is the similar form worn as badges by the members of the African National Congress? That is correct. And I take it you are not a member of the African National Congress? I am not.

11 (No further questions) CROSS-EXAMINED BY MR. COAKER: Where did you compilethis list? I compiled it at the time. Yes, "but where; were you inside the meeting or were you keeping observation? I think part of the list was compiled inside and part was compiled outside. Can you now recall which part was compiled inside and which part was compiled outside? It would be very difficult for me to do that. You can't recall? I can't recall. I take it that for part of the time you were keeping observation in the manner that you have already described at the Trades Hall? I was keeping observation. Yes, in the manner you have already described; we have already had that, discussions with you of your keeping observations at the Trades Hall? Yes. You didn't enter the Trades Hall with Major Spengler then? I think Major Spengler was there. He was already there when you entered? I wouldn't be able to tell, but if he was there when I entered or after I came, I can't say now. Can you remembering him entering the hall? No, I wouldn't recollect that, but I recollect that he was there, I wouldn't be able to tell at what stage he entered the hall. You can't say whether it was before you entered or not? I can't say. Can you recall whether he had any difficulty in entering the hall.? He had no difficulty. Can you remember anyone raising their fists for the purpose of entering this hall? No. Were you all admitted quite pleasantly? Yes. Were you invited in? Not invited in, but when we ent-

12 tered the hall there was no objection, the objection was raised later on. You now remember that? I remember the, Are you quite certain of that? The objection was raised I am quite certain of that. Are you quite certain that you entered the hall without any difficulty and that an objection was raised later? I wouldn't have entered the hall if there was an objection. You wouldn't for example have entered the hall of Major Spengler had forced his way in despite an objection? No, Tell me, is this a meeting from which you were expelled by an interdict of the Supreme Court? Thatis correct. Were you at the meeting at that stage? Yes. When was that, morning or afternoon? I think the interdict of the Supreme Court was given, I think, about midday;. I am not certain, but it was either midday or somewhere in the early afternoon. It might have been the morning, might it? Well, I don't think it was in the morning. I think it must have been midday or early in the afternoon. You don't really remember? Yes, but it was not in the morning. Do you remember that? I remember it, it was not in the morning. When you are making a list of motorcars, do you make this inside the hall, or do you go outside on the pavement? It is not possible for me to make lists of motorcars inside, outside when I do make them. So you must be outside when you are making a list of motorcars? Yes. This particular report contains a list of motorcars? That is correct. (No further questions)

13 RE-EXAMINED BY P.P. : May it please your Worship, I beg leave to introduce fresh matter now, just one document, which the witness received at that meeting, to hand that in. There is another document, G.844 is that also a document that you received at that meeting? Yes. Where did you get that document? It was distributed by an unknown Indian in the hall. What is it? A draft resolution. Will you read it please? "This Conference, representing the people of the Transvaal, welcome the plan great Congress of the People. We believe that this campaign, drawing on every section of the population, and reaching into every corner of the land, raises to new heights the struggle of our people for freedom and democracy. We therefore resolve to do all in our power to spread the message of the Congress of the People, and to gather demand of our people for Freedom Charter And in particular, we are determined to implement the call from Chief A.J. Luthuli for 50,000 volunteers from the Transvaal. Let us go forward together to freedom," (Handed in, G.844). (No further NO FURTHER questions) CROSS-EXAMINATION: BY THE COURT:I should like to know whether you have any doubts about the identiy of the persons, or whether you had any doubt at the time of the meeting, of the persons whose names you have mentioned here? No doubt about all the people, except those where I wrote there 'file. 1 You mean the names against which you have written 'file'? There are none against the namesof the Accused. BY THE P.P.: Before proceeding with the next witness, I have investigated the matter about the numbers of the Accused on the transcript of the witness, that the witness has handed in.

14 It appears that a person who has assisted the Prosecution here, his duty was to write the numbers against the Prosecutor' copy, and it appears that inadvertently he did it on all the copies. That is the explanation. The next one I want to refer to was also done, the numbers ware also put there. I took it upon myself to have them obliterated. Before starting, I am prepared to show the Defence and the Court, before I call in the witness. There are only two numbers, and I obliterated them myself. BY THE COURT: Does that meet with the requirements of the Defence? BY MR. COAKER: I can only say, Sir, I am indebted to my learned friend for this investigation and this information. Apparently this person who was entering these numbers did not see fit to put themon the copy that was handed to the Defence. BY MR. SLOVO: I have nothing further to add. PETRUS JOHANNES COETZEE, duly sworn, EXAMINED BY P.P.: You have given evidence in this case previously? That is correct. On the 3rd June, 1956, did you attend a meeting of the African National Congress, at Dadoo Square, Moroka? Yes. Did you take shorthand notes of the speeches? I did. Of the speakers who spoke in English? That is correct. I take it there were persons who spoke in Bantu languages as well? Only three of the speakers spoke in English. The others spoke in Native languages. You have your shorthand notes? Yes. Have you got a transcript? Yes. Is that your transcript? Yes, that is correct.

15 I must say that the copy "being handed to the Defence now is not a copy prepared by this witness. Will you please ree,d your transcript? The first speaker who spoke in English was Dr. A.J. Solanki: "Mr. Chairman, I am not much of a speaker, but it is better not to be a speaker and to be a worker, because things can only be achieved by working and not by words. It is alright to sit in the lounge and to say: This is right and this is wrong, but that does not alter the situation at all, it is only work, and more work, and hard work. Now, as you all know, the Freedom Charter will be one year old this month. There is a mass meeting on the 24th of this month, the place has still to be decided on. It is for the people like us to spread the word around that a mass meeting has been called for that day. Therefore, I appeal to each and everyone of you to spread the word around. The Freedom Charter contains the principles we are fighting for, and they can actually be achieved by hard work, so I expect each and everyone of you to spread the word around, canvass as much as you can. The Freedom Charter contains the very principles for which we are fighting. The main points are these: The people shall govern. (Applause) All national groups shall have equal rights, white, black, green, yellow, everyone. The people shall share in the country's wealth. Why would others profit with our sweat? All shall share in the wealth of the country. We have the right to enjoy the profits made in this country. The land shall be shared amongst those who work it. Why should others take the profits whilst we and our children go around with hungry stomachs? All shall be equal before the law, (Applause.) And shall enjoy equal human rights. Why should one man who works for the principles of the Freedom Charter be sent away from his family and taken to a farm, to prison, or to the desert? He must have his own choice of action. There shall be work and security. The doors

16 of learning and culture shall he opened. All the children shall have education, black, white, yellow, etc. There shall be houses, security and comfort. Not houses like these..." Here the speaker indicated the houses surrounding the square. "There shall be peace and friendship! Friends, I am sure that each and everyone would like to have these aims of the Freedom Charter achieved", but this can only be achieved by hard work. I expect each and everyone of you to spread the word around of the mass meeting on the 24th of this month. Even God does not help those who do not help themselves. J. Nehru said 'Success comes to those who dare and act, 1 it seldom comes to those who are timid. Therefore, we have everything on our side, nothing to lose, everything to gain. Afrikai" The next speaker was Farrid Adams, who is one of the Accused. (No. 1). He said: "Friends, there was a man, Cecil Rhodes, one day. He was a bad man as far as Africa was concerned. He wanted Africa to be in the hands of the British imperialists. They say that there is always something good out of what is bad. There is one thing good in what he, Cecil Rhodes said, and this is what he said: There is so much to do, and there is so little time to do it in.' He wanted to conquer the land from the African people for Britain and the capitalists. But it is our turn now, because the land belongs to our people, because everything that happens in our country, our people are responsible for it, and they must have a say in it. When it comes to passes for African women, then our government must say that the people don't want passes for anybody, and that the women shall not carry passes. When it comes to our children and education, then it must be said that the people of South Africa don't like Bantu Education, that nobody can force us to accept that Bantu Education. Friends, unfortunately in our country we have a government that does not represent the people, and they do not take the

17 wishes of the people into account, and we have got no other means except to stand up here and voice our protest, hut we are sure that one day in South Africa we shall get a government who will take the Freedom Charter as the Constitution of South Africa. (Applause.) Then each and everyone of us here will have the right to go to Parliament, and say what we feel like. Then laws shall he passed to educate our children, and not to make them into slaves, hut friends, for the Freedom Charter to he come the Constitution of South Africa, it will take a lot of work from each and everyone of us. We will not get the Freedom Charter as our constitution hy merely coming to meetings here, we will have to fight for it and we will have to die for it. The Freedom Charter is already one year old, and we have got nearly one million people who have put signs to this piece of paper here, to say that they agree with everything that is said in the Freedom Charter, and that, although the Government is trying to stop the people, not only the African people, hut also the Indians, the Coloureds and the Europeans, came forward in their thousands. You know last week I was incourt, arrested for something, so they prepared a case against me, and Minister Swart sent one of his top men, you might know him, ho is Mr. Moeller of the Special Branch of the C.I.D., and when the advocate asked him 'What do you think of the Freedom charter? 1 Then he said 'There is nothing wrong with the Freedom Charter.' Now, if Swart's spies cannot find fault with the Freedom Charter, then I cannot see why each and every person in South Africa cannot sign the Freedom Charter. We have got three weeks left to the Freedom Charter becoming one year old, and it will be our duty now, each and everyone of us here, to take a copy of this paper, and not much, but to get 25 signatures, each of us. Yes, friends,we have got a lot to do and very little time to do it in, but we must make a start somewhere. We must start

18 now and see that each and every member of our families sign this charter. We must see that our neighbours sign this charter. We must see that our whole street sign this Charter, and if each one of us can only do this in the next three weeks, then by the time of our mass rally on the 24th of this month, every person in Moroka Township wouldhave signed the Freedom Charter and become a volunteer in the fight for freedom. We have got very little time to do it in and we have got a lot to do. Let us make a start now. Mayibuye.' " Then the next speaker was Lionel Morrison, also oneof the Accused (89). He said? "Friends, in five years time we shall sit in Parliament. Today the Government wants to enslave us with their Bantu Education. Tomorrow they would want to do it with the coloureds, with Coloured Education. Always they first take the Coloureds after they have taken the Africans. And then after that, they go to the Europeans themselves. When you are afraid of the people, you always oppress the people. Those teachers who accept Bantu Education and help to enslave their people, and help fit them into Verwoerd's Society, we warn those people, they must accept the rightful wrath of the people. We ask them. 'Why do Verwoerd's dirty job? Why must African try to oppress African? Leave it to Verwoerd and his dirty dogs. Let him do his own dirty work.' Our answer to Bantu Education is to boycott these Verwoerd schools. Some people argue. Many of our people, they say: 'It is better to have half an egg than no egg at all,' but I say: 'Look, if half egg is poisoned, why have it at all?' So we will rather not have Verwoerd's education at all. Now, the Government comes out with something else again. They have got something they call the Tomlinson report. They talk about seven Bantu States. They talk about working up and developing the reserves, and they say many unrealistic things in this report. They say that the Bantus and the native like the Government and Bantu

19 Education. I say it is true, the Bantus and the natives like them, "but do the Africans like them? We say Verwoerd with his education, Tomlinson with his report, and the Government with all their oppressive legislation, cannot stop the surge of the people for freedom. You know, it is like a wave, you can never stop a wave. Verwoerd is trying to stop a wave. We warn him that he will "be drowned in that wave. You know there is also one thing that astonishes me and that is our own people standing there and taking a whole lot of notes. Don't they know that they are signing their own death warrant? Those people are natives and Bantus..." He was referring here to the native policemen taking notes. "Those are doing the dirty work of Swart. We sak you, poor people, because you are really poor in a sense, leave this work to Swarts. Let Dirker and Spengler do the work. You are antagonising the people, and you must accept the wrath of the people. It has always been the policy of the government, always the policy of the oppressor, to divide and rule us. They always try and bring the African against the Coloured, the Coloured against the Indian, that is why they bring in all these different laws. That is why they brought in the Bantu Education Act. That is why they try and close our trade unions. That is why they bring in their classification. That is why they take the Coloured people off the voters' roll, but I tell them, no matter how you try to divide and rule, break up the Coloureds from the Indians, the Africans from the Coloureds, we as non- Europeans know that we have only one enmy, and that is the Government of today. It is only when we are accepting the Free' dom Charter, it is only then when we are working for the realisation of the Freedom Charter, that we will have no Bantu Education, no police standing around here, that we will have a free South Africa. A South Africa where we can live and where we want tc live, not in these dirty hovels around here

20 that we are forced to live in. We don't want to live in houses like these. We don't want to use our backyards as a toilet. We don't want our children to starve daily. All that we ask is to live like human beings. And now Swart comes and tells us about 200 people that are going to be arrested. He talks about Treason, Sedition, Incitement, I don't know what else, I say if trying to get a better way of living, trying to fight against all these oppressive laws, is treason, then I say, all of us are guilty of treason. With our Freedom Charter which we have accepted nearly a year ago, and which in three weeks time we are going to celebrate, we will hit a blow at Fascist South Africa. We will hit a blow speaking in Parliament at the way we are living today, as dogs, and on the 24-th, we in the Transvaal, must have one of the biggest rallies since the Congress of the People, and from that day onwards we must be able to count freedom on our fingers. Mayibuye,' " The following resolutions were then passed: (l) "This Conference of the South Western Region of the African National Congress, assembled on the 3rd June^ 1956, agrees to endorse the Freedom Charter, and agrees to intensify the Freedom Campaign," (2) "This Conference further pledges itself to fight against the extension of the passes to African women, and calls upon every freedom-loving organisation to resist and fight all measures in connection with the passes, because thepass system is for creating reservoirs of cheap labour, and that will cause slavery" (3) The Conference also resolves to organise all working people, by supporting the South African Congress of Trade Unions, and to fight the Industrial Conciliation Amendment Bill, Native Labour (Settlement of Disputes) Act, and all other laws devised to divide workers on racial lines," (4) Finally, conference endorses the continuation of the boycott of Bantu Educa-r tion schools, and agrees to support the early establishment of private schools." The resolutions were adopted by a show of hands.

21 (Notes handed in G.845; Transcript G.846.) (No further questions) NO CROSS-EXAMINATION; JOSIEL MOKOENA, duly sworn, (Sesotho; Inter: C. Mkumatele) EXAMINED BY P.P.: 6 Are you a native detective constable, S.A.Police, stationed at Johannesburg? Yes. On 3/6/56, did you attend a conference of the African National Congress held at Dadoo Square, Moroka? I did. Did you make notes at that meeting? I made notes. Have you got those notes in front of you? Yes. On looking at these notes, can you tell the Court what happened at this meeting read your notes? "A.N.C. South /est Region Conference held at Dadoo Square on the 3/6/56, Meeting commenced at a.m. to 3 p.m. Mr. J. Kumalo acted as the chairman..." This Mr. J. Kumalo, do you know him? I know him. Can you identify him? I can identify him. Is he amongst the Accused? Yes, he is. (No. 17.) Go on from there.? "... and meeting attended by about native of both sexes. Chairman opened the meeting and said the meeting has been now opened. Although the chairman has not yet arrive, we are meeting here today while we are in a bad position. The Government today he is very serious about the African people. Our people are being worried on K. Beer here in Moroka, but still most of our people are not here, they have gone to the churches, but will never get their freedom from the churches. We African people, we are fighting for our all rights, the Government has said we will never get our freedom in this country. There are some other people who have got a belief that we shall never get our freedom, but that is not the truth. Those people who are taking notes, they are our sons, but they are being employed by the Government. They are spies

22 of the Government. They are not even ahsamed to help white people. I will now call upon my speakers who will speak about \ women's passes and K. Beer fines going on here in Moroka. So I appeal to you all African people that if we can be all one thing or other words unite really nothing will beat us." Another speaker spoke in Sesotho, who stood up and said: "I am not going to say more but I will say we African people in order that we must build ourselves, we must all be one thing. I now appeal to the leaders of the A.N.G. that they must obey the regulations of the A.N.C. people, not that they must do everything themselves. I will now speak about the Freedom Charter. There are some other people who are against the Freedom Charter, but there are some who are accepting this Freedom Charter, but you must not be misled by those people who are not agreed with the Freedom Charter. I will come to the point of pass laws. You all know very well that before you can decide to do anything, you must first of all think about the pass. Now is a long time that we have been carrying these passes and you know how they are, they are bad. But today this Government of Nationalists, they say our African women should carry some passes too. So I appeal to you that we must reject these passes of the women because I am sure in future they will have to pay tax too; Bantu Education has been introduced and the teachers have been told that this Bantu Edudation is very good towards the Africans but if you could go through the syllabus you will find subject like history is not on the syllabus. Jan Van Riebeeck is the first white man who arrived here in South Africa, but today it is said that they are the first people who discovered this land, but when Jan Van Riebeeck arrived here, African people were already in this country. You all know very well that here where we are we are employed, we are working very hard, so I now moved it to you that we must all join trade unions in order that our wages should be improved, and our African

23 women should also he considered, and when a person is sick he will he well treated and also get his full pay during while he is still sick." A. Mthembu, Sesotho, interpreted by Mhlangu into Zulu. Spoke in Sesotho and said: "I am chairman of this meeting, hut very unfortunately I was late. I have got some speaker here who will give you a speech about Freedom Charter." Before you go further, I see you have noted down the speech of Dr. Solanki, Farrid Adams and Lionel Morrison. Will you skip those and go along to the next speaker after Lionel Morrison? L. Ngoyi. Do you know that person? Yes. Can you identify her? Yes. Please do so? (Witness identifies Accused No, 52.) Go on from there please.? L. Ngoyi in Sesotho, interpreted by Mrs. Molefe, stood up and said: "I am sorry to see that most of our African women are not here, but the things are going very bad. We are not going to get a freedom except that we must fight for it. Like now we are facing this problem of African women passes and there is no use to hold some meetings except that we must stand together and fight against these passes. This is our time to fight for ourselves. Yesterday all women of western areas were gathered at Native Commissioners Court. They were going to fight for their rights. Today our children are criminals. Why? Is because their parents are not A.N.C. people. Our songs say we must all join the Congress. Look those people who are taking notes, they are nothing else but cowards. You all know what are these passes. So really we must make a big protest about these womens passes. All these squad cars are being bought by our money. Why they can't build some schools for our children. Yesterday the women of Western told the white man in Fordsburg that he must carry a pass because they are foreign in this country, not the African people. We are going to demand our land, all our money are building

24 some jails of reinforcement. We the people of A.N.C, we are not going to rule like Herr Hitler. We want to tell Verwoerd and Strijdom that we are prepared to die about these women's passes. We want the Government of the people for the people. We are not going to talk a lot, "but we must make many protests. During the time when the women of Winburg "burned those passes, they did not know anything. When we wanted to get our rights we are called Communists. The Government is trying to enrol more police "but they will never stop these crimes. Is a long time that we have been talking. I think we must organise our children to take over. The will of people is in body to the Freedom Charter. I don't want to talk about aprtheid of these Dutches, but their women are dogs. They can hardly even iron a shirt for their husbands. On July 1956, we are prepared to foot to Pretoria to see Strijdom again about his passes. You African women we must all join the A.N.C. in order that we must fight for our rights. You know, we are not allowed to collect some money. Is for you to see what you can do, I don't want to be accused for nothing. I will ask some people to join the A.N.C. now." Next E. Maleka spoke in Sesotho. He stood up and said: "I am speaking on behalf of all who are the workers, so we have discovered that our trade union should be compared with A.N.C. We are not against the white people, but we are only against the present Government. Last time people were living where they are working now it has come to the point that people should live very far from where they are working in order that they must pay some certain fares. As I am speaking, I am speaking on behalf of all people who are workers. These people who are taking notes, they can't realise that they are workers too. We are fighting for them too. There are some people who have said we must pray in order that we may get our freedom. All those who are workers I move to them that they should all join the

25 A.N.C. and the trade union too. Even those who are not working they must realise that they should all join their trade union then we may he ahle to win our fight against the Government." A. Mahlangu, Zulu, interpreted hy Malele into English, stood up and said Do you know this A. Mahlangu? I do know him. Is he amongst the Accused? He is. Can you identify him? I can identify him, (24). Do you know Malele, who interpreted? Yes, I do. Can you identify him? I can identify him. Is he amongst the Accused? He is amongst the Accused. (30) He said: "Strijdom has gone to see the Queen because they have seen that they will never get the Republic Government. But we African people we said we are going to get our Republic Government. They had failed all of them so why should we also fail too? We are facing on the gates of freedom. Those people who are taking notes, they think that they will get something. We A.N.C. we said people will rule in this country, and we are going to elect our own people to go to the Parliament. They will never rule in this country while we are still alive. In 1922 most of Dutch people were shot by Smuts because they were struggling for their better wages. So today they are getting a better wage, so we are also going to do the same thing, but in the other ways, not like those Dutch people. When we take over we are not going to chase these white people away, but what we want, we want our freedom." Resolution: This conference assembled at Dadoo Square on the 3/6/56, agrees with Freedom Charter Campaign. Passes for African Women: This Conference further prepared to fight against the women's passes and also to call upon other A.N.C. to assist because these pass laws bring slavery and poor wages. Trade Union: The Conference also is prepared to support trade unions to fight the Industrial Labours for their low wages. Bantu Education: Fin-

26 ally, the Conference resolves that all Bantu Education Schools should he boycotted and agrees to support cultural club schools. I move that this resolution should be accepted Interpreted by J. Nkwane, and D. Poho" (Notes handed in G.84?) Now these people, those that you have read, Kumalo did he speak in a native language? I think he was speak ing in Zulu. Can you recollect whether there was any interpreter?- I cannot remember. It is a long time ago. These speakers who was the second speaker? It was Mthembu. Before he spoke first? I don't know who he was. It was an unknown speaker who spoke in Sesotho, Can you remember whether this was interpreted into English? I cannot remember. In these cases where you have read, if there had been no English interpreter, how did you come to take your notes in English? They sometimes interpreted into English, and sometimes they did not interpret into English. Then what did you do, when there was no interpreter into English.? I took my notes down in English. (No further MR. COAKER: questions) NO QUESTIONS: CROSS-EXAMINED BY MR. SLOVO: Would you have a look at the back of page 5 of your notes? Yes. There you have recorded the speech of a man called Dr. Somebody? Dr. Solanki, yes. Would you just read the first three or four sentences of his speech? He spoke in English: "I am here as a worker, a man who is working and know what is wrong and what

27 is good. You all know that the Freedom Charter should he accepted this month " Would you stop there a moment. Is it possible that the speaker said the following: "Mr. Chairman, I am not much of a speaker, but it is better not to be a speaker and to be a worker, because things can only be achieved by working for them and not by words. It is all right to sit in the lounge and to say 'This is right, and this is wrong' but that does not alter the situation at all, it is only work, more work and hard work. And as you all know, the Freedom Charter will be one year old this month. At a mass meeting on the 24th of this month, the place has still to be decided on. It is for people like us to spread the word around that a mass meeting has been called for that day. Therefore I appeal to each and every one of you to spread the word around. The Freedom Charter contains the principles we are fighting for." Now, is it possible that this is what he said, what I have just read to you? If it can be read to me again, perhaps I may follow it. (Mr. Slovo reads passage again) Did you understand? Yes, I did understand. Now, is it possible that the speaker used those words? Yes, those were the words used by the speaker. And you have recorded it, I want to see if I have got it right here. "I am here as a speaker (worker, a man who is working, know what is wrong and whet is good. You all know that the Freedom Charter should be accepted this month on the 24th. There will be a mass meeting where we shall discuss about the Freedom Charter." That is how you have it recorded.? That is how I have it. (No further questions) NO RE-EXAMINATION: COURT ADJOURNS:

28 COURT RESUMES 18/7/1957: MR. COAKSR ADDRESSES COURT: Accused absent: Position same as on 17/7/1957, save : Accused No. 32, "back in Court; No. 116, absent (leave granted 17/7/57) No. 2, returned to Court; No. 86, returned to Court; (certificate) No. 131, returned to Court; (certificate) No. 43, certificate handed in; No. 135, certificate handed in; Accused No. 41, granted leave of absence. Accused No.118, granted leave of absence 19/7/57. AGREED THAT PROCEEDINGS SHOUIP CONTINUE: ADRIAN ACKERMAN. duly sworn. EXAMINED BY P.P.: (MR. VAN PER WALT) You have already given evidence in this case? Yes, On 3/6/1956, were you on duty at Moroka, Johannesburg? That is correct. Was there a conference of the African National Congress? That is correct. Were you on observation duty there, is that correct? Yes. On that same date, did you receive the pamphlets which you now hand in, G.848? I did. What is it? It is headed "Sign the Freedom Charter." Where did you get it? I found this at the back of a motorcar. Whose car was it? The car was driven by Dr. Solanki, Were there other persons in the car? He had as passengers with him Lionel Morrison. Is he one of the Accused? He is, (89) Also Accused No. 1, Farrid Adams. Was that the only document? No, there were a number there, there were 54 or 55 similar documents. Where, in the back of the car? In the back of the car.

29 On that document, there appear certain photos of persons? That is correct. Will you identify them from the top? Yes. The first is A.J. Luthuli, the second is Father Huddleston. The third is Dr. Dadoo, the fourth is Moses Kotane. Is he one of the Accused? He is.(16). (No further evidence.) BY THE COURT; Do you know A.J. Luthuli? I do. He is one of the Accused. (132) CROSS-EXAMINED BY MR. COAKER: I notice you know the number of Farrid Adams? I know that Farrid Adams is Accused No. 1, I have previously given evidence to that effect. Do you know the numbers of any of the other Accused? I think Moses Kotane is No. 19. Did you have a warrant to take papers? I did not. Did you seize all the copies you found? Yes, What right did you have to seize these copies? I had reason to helieve that this particular meeting which had been conducted and at which Accused No, 1 had been a speaker, was an illegal meeting. What reason did you have to suppose that it was an illegal meeting? That permission had not been obtained for this meeting to be held at the particular place where it was held. Did you arrest anyone there? No arrests were affected. Anybody prosecuted for holding this meeting? I have an idea that Dr. Solanki was prosecuted and convicted. You have an idea? Yes. Have you seen Dr. Solanki at the meeting, before you searched his car? Dr. Solanki was a speaker at this particular meeting.

30 You had seen him at the meeting? Yes, he was a speaker at this meeting. And you were in a position to testify that he had spoken at the meeting? That is so. Did you seize these documents, these pamphlets, or whatever they are, as evidence that he had attended this illegal meeting? Yes. Was that your reason for taking these pamphlets? They could have been used if he had bean prosecuted. In that case, 2 would have been as good as 35, wouldn't it? I would think that is a matter of opinion, whether 2 would be as good as 35. Did you have instructions to take all the documents that you could lay hands on relating to these organisations? I had no instructions of that sort. Why then did you take all the documents you could seize? Because I thought them necessary, to introduce in Court if required. (No further MR. SLOVO: questions) NO QUESTIONS: NO RE-EXAMINATION: PHILLIP MASANKANYE, duly sworn, (Sesotho. Int: C. Mkumatela) EXAMINED BY P.P. You have already given evidence in this case? I have. The last time when you were here giving evidence, you gave evidence in respect of a conference of the African National Congress, held at Orlando on 8th October, 1955? That is correct. That evidence was given on 4th July. Now, the next day, the 9th October, 1955, were you again on duty? I was. At the same conference? That is correct. Lid you make a list of names of persons whom you saw at

31 the Conference? I did. Will you go through your list of names and mention the names of Accused persons? E.P. Moretsele (46); Lilian Ngoyi (52); Nimrod Sijake (65); Marx William Shope (68); Ida Mtwana (49), Ohed Motsahe (47); Leslie Masina (34); Philemon Mathole (37); Peter Ntite (54); L. Nkosi (55); Patrick Maloao (42). Those were the only people who there were there. Is that for the 8th? Yes. (Notes handed in, G.849) FURTHER EXAMINATION BY P.P.: (23/10/1955) Did you make notes at a meeting on 23rd October, 1955? Yes, I did. You hare your notes now before you? Yes, I have. What meeting was it? African National Congress meeting. Where was it held? It was held at Dadoo Square, White City, Jabavu. What time did the meeting commence? It commenced at a.m. Until when? 2.15 p.m. How many persons were present? The people who attended the meeting were about 150. Who was the chairman, or chairlady? The chairlady was Mrs. Mamakoe. Did she address the meeting? She addressed the meeting Read what she said? She said "Ministers were sent to spread the Evangeli and we cannot get our freedom. We do not want to carry passes and our menfolk should not carry passes and Lilian Ngoyi went overseas without the notice of the police and now we want her to go by plane and she has been overseas, where even Strijdom does not know, and you women next Thursday, you should all carry your children and to to Pretoria for our protest, and you should all come so that we could achieve our

32 freedom and the men should throw away their passes. Africa must come hack." The next speaker? The next speaker is Mrs. Mnisi, Omit what she said. Who was the next speaker? Daniel Manele. "I greet you all, you the women I will tell you briefly the other women have now gone to the churches and we hear that our women will carry the passes and I know what is thepass laws. We have been sent to the farms to work there as slaves only because of the pass laws, and everywhere the people are tortured with passes and you the women should fight for your rights. Let your women who are cowards, they are carrying the passes, and there are no women at this meeting. There are Government informers here like Tabete who are the bad people and they should have been killed when young. W e are going to be with you and I appeal to the men that we should burn our passes. We are now going too much after the religion and we should not go to the churches," The next speaker? Mrs. Makhlamele, "Mothers, briefly X appeal to you about these pass laws which brings slavery to us whereas we are already oppressed. We are already slaves and you have seen us how our men are treated with these passes, x'hey are suffering, and what about us, when we carry passes, when there is a third person in the house we should all stand up and if not so Strijdom should upen up his gaols and take us there we are sick and tired of his rule and on 27/10/55 we should all take lorries to Pretoria. They have taken our father's country, catties and education and children have been sent to the farms with the passes. If he want us to carry the passes he would better give them to his wife and children. The Europeans think they are clean whereas we are the people cleaning them. We will not carry these passes." The next speaker? Caroline Mnisi. "I am standing here as an African and we should first sing the humn which reminds

33 me of the time of the defiance campaign. Strijdom should not take me to jail again, hut should only put his bullet on me. I can smell the blood in me and we are now facing the struggle. This is a big Sunday. European women have told Verwoerd that we should carry the passes. The Dutch are now fighting as we the women are going to fight against the passes and even if they kill us we are going to Pretoria, and we are now determined to die for our country. We were born brave, we Africans and we all believe in God, but these Dutch people were born of a Satan. If we are to carry these passes, we will know that we are slaves for good, and those who are afraid to die, will say the passes are good. You Tabete go and tell Verwoerd that the African women are there, and the returns and we are all going and we are prepared to go to the gaols. I have been there on several times and I am still prepared to go to gaol again against these pass laws. The Europeans think that we are fools and those who are working should tell their employers that we are all going to Pretoria. You must not sit like the women selling liquor here. I will move from house to house as from tomorrow and all the roads lead to Pretoria and we should face Stridom.. We want money here for those going to Pretoria and we want subscriptions." The next speaker? Mrs. Mbalate. "I am pleased to see so many women at this meeting and we should put on our uniform which is our armour. We are going to war here in our South Africa today. We the women are to carry passes, and we the women we should not agree we should fight as when my man is sick I must go to town and to work and I will be asked for the pass and arrested whereas I have left my husband ill in the house, I go to gaol, and on returning I found my husband dead and the children also. This pass laws will bring slavery into our country and Verwoerd is to break our homes with this pass laws and Verwoerd says if we go to Pretoria there must only be the

34 African women and he says that because heknows we could do whatever he wishes with the African women and we must all go there and I appeal to you all men that those who know they should die for this country should come forward and fight with the women." The next speaker? Mrs. Nkosi. Omit that. The next speaker? Jerry Kumalo. Is he one of the Accused? Yes. (17) "We are not prepared to accept the equal rights for women and men. The Europeans are here and they are the Government spies, and they have seen that the oppression should be extended to the African women to carry the passes and these police boys are the only the state tools and they have not a nice time with them. Women there are also only natives here who are undermining the progress of the African people. The African women should go to Pretoria with determination and must know that we the men are coming behind," The next speaker? Doreen Mtshabi. "I am pleased to be one of the speakers here. I am very sorry to see few women here, and I want to know why the men have left their women at home. And the Government shows that the women are to wear trousers and I appeal to you women that we should all unite with our men and children with this pass laws, is the end of the world and the men are carrying the passes and they are arrested daily and sent to jails and the Dutch people are misspelling the names of our men and when we go to the gaols we not find them. Our children are standing in queues for the passes and are arrested there, and today we say our children are ruffians, but you do not see that the cause is the pass. Some of women are now bound to sell liquor illegally to bring up our children and to send them to the schools. I appeal to you women to fight for your rights and we are now to carry passes and before this was done there is an influx control and

35 and the men working in the railways are taking their women there so that they should carry passes and this is Africa, We are all Africans and we should achieve our freedom here. are now chased from the kitchens to the locations whereas We there are also location permits here and there is also site and service, If not employed you are to he chased from there. There are also concentration camps where our men are taken and when we carry the passes we will he taken there also, and with this Bantu Education our men will he taken to the mines and our children will work at the farms and if we follow the Bible, we should all stand, pray and fight till we achieve our freedom, and the Bantu Education is determine the African people and I think the Europeans are late with the Bantu Education and we will teach our children at home. The European brought the Bible here and taught us, and we had everything when they came here, but now they are depriving us of our living and is the time that we should all stand up and fight. You all know I was arrested for this Bantu Education and I was locked up for two days and when our leaders are banned new leaders will be born and if I am deported to Cape there are still people there and even here at Orlando Power Station the Africans to are working there and we can unite for our freedom and we want/ stop the electricity. We can break the wires at the Power station." Will you go to the end of your notes, who was the last speaker? Jerry Kumalo. Is that the same person whom you have identified? The same Jerry Kumalo. "The day will come and will be a very mysterious and everybody will be doing his work and you know the Freedom Chartsr at Kliptown. The people will govern and the Government will not give us our freedom and we have..." I can't make out this word I can't make out the rest of the speech.

36 (Notes handed in G.850) NO GROSS-EXAMINATION: MATSEKE MASALELE, duly sworn, (Sesotho: Int. C. Mkumatela) EXAMINED BY P.P.: You have already given evidence in this case? That is correct. Did you make notes at a meeting held on 8th October, 1955 it was a conference? That is correct. What conference was it? It was an A.N.C. Conference, Where was it held? It was held at the Communal Hall, Orlando. What time did the conference begin? The meeting commenced at 3.10 p.m. Until when? Until p.m. About how many persons were there? Between 200 and 300. Who was the chairman? Leslie Masina was the chairman. Is he one of the Accused? He is one of the Accused.(34) What language did he speak, do you know? I cannot remember I did not take notes of that. Was an interpreter used when he spoke? ^here was an interpreter who was used for his speech. Will you read what he said? "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 for liberation many changes have developed. The Congress of the People which organised the people, has shown itself, I therefore open the Conference. I hope we shall build the people of Africa and have peace. Unfortunately, we had asked somebody, Rev " I cannotmake the name out here "... to open our conference and he is not here." That is the end of the chairman's speech. The next speaker? The next speaker was Lawrence Nkosi.

37 Is he one of the Accused? I am not sure whether Lawrence Nkosi is one of the Accused. "I am going to speak on "behalf of starving people. When I speak of those people I am including every person "black and white including the S.A, Trade Unions Labour Council. Unfortunately in their conference they excluded the majority of the workers, the "black. The resolutions Because it included the "black people and coloured, the white people did not support the Council, because of excluding the non-european people. But the true leaders of these trade unions made a resolution ' forming the S.A.Trade Unions Congress which was born because the Government was against it. No people in the whole world achieved the freedom unless they have full participation in the affairs of the country. Congress represent ths majority of the South African people. Let us go forward and co-operate." The next speaker? The next speaker was Daniels. Omit what he said. The next speaker? Helen Joseph. Is she one of the Accused? b he is one of the Accused (13). "On behalf of the S.A.Congress of Democrats, we hope you a success in your conference, and this conference will plan a resolution which will be of great importance in the history of our struggle. South Africa has seen the Congress of the People which showed us to march together to freedom. Millions of people in the world have shown -nd have known of our demands. And they have heard our demands. Therefore, we should take back the text of this Freedom Charter to our people, to show them how we have made them, to show the white people of this country what the people want. They should take one week which is the right week. We have seen the police force raiding the Congress of the People, but the liberation movement will be furthered. They spoke of treason. The treason is in South Africa Bantu Education, pass laws. We pay our tribute to you for your determination. We of the Congress of Democrats."

38 The next speaker? The next speaker was Patel. Is he one of the Accused? I am not sure whether he is one of the Accused, What did he say? "Mr, Chairman and fellow delegates. As the joint secretary of the Indian Congress I greet the conference take place immediately after police which Miss Joseph has already mentioned. We have heard from the world history that many people have been hunted by their oppressors, but today those people are free. In South Africa, the Nationalist Government is struggling to intimidate and create fear in the minds of the people, but though the police may raid us, but we must continue our struggle. The Congress determination is to free the people to freedom. Our struggle is a difficult one. The Government have taken the method of Hitler, We know in Germany Jews suffered in thousands, but our hearts should face the traitor. The Government is threatening to break the unity of our organisations and Verwoerd in our organisations. They say African National Congress should say 'I' not 'we', but I say 'we' of African National Congress cannot tolerate that. If we are of true Congress we have one spirit. If we really belong to this organisation we must get rid of these elements. If we have two traitors in our organisation then we must not allow these people to get into our people. They want to spoil the Freedom Charter. We accept the Freedom Charter. Then it is our duty here to lead this Conferenoe signing our names here. We may shout Afrika 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 speaker? The next speaker was Robert Resha. Is he one of the Accused? He is one of the Accused (63) What did he do, justread your notes? Robert Resha read

39 the message from the Peace Council. Robert Resha announced the Credentials Committee which read as follows: N, Ngwendu Is he one of the Accused? I don't know him at all. The next? 0. Motsabi; Is he one of the Accused? I don't know him well; I don't know whether he is one of the Accused. And H. Sghikouan. and J, Sigale, then the resolution was read by Nkadimeng. ^o you know him? I don't know him. The next speaker? E. Moretsele, he is one of theaccused, (4-6) "We meet here this afternoon. We hope that everybody will find himself at home. Before I go any further, we shall soon discover when we read this paper you shall also discover the Congress shall point to you the people who shall liberate the people. This Charter will be read to you which was formed by the Congress of the People. You will remember that in the Freedom Charter, the police for treason and sedition, also in Kliptown, only because we said the people shall rule. We of African National Congress are determined that we shall go to gaol willingly for freedom. If we die there for freedom Jesus Christ has preached that the people are equal hare on earth. Today all over the towns people live in dangers and in bad conditions. Moses was born, after his death there was a commotion. He was picked up by Pharaoh'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 me as the President, but as well as you." The interpreter was Philemon Mathole, he is oneof the Accused (37). I still continue with Moretsele's speech. "I thank the chairman " Not, it seems to me Mr. Moretsele's speech came to an end. I have got here 'Interpreter Philemon Mathole.' "I thank the chairman for what he said about police. We are not worried because they are just boys," That is Philemon Mathole speaking. "Therefore those who

40 who do not like to vote for me I don't want them to do so," What happened then? I think I was confused here, This speech I am reading is still the speech of the President, Mr. Moretsele, I have got here in my notes "Interpreter, Philemon Mathole." He was interpreting for Mr. Moretsele, Now this is the continuation of E. Moretsele's speech. "I thank the chairman for what he says ahout the police. We are not worried because they are just hoys. Therefore those who do not like to vote for me I don't want them to do so." Presidential addresses was read by Philemon Mathole, i interpreted by Joe Magofe, It ends there. Who was the next speaker? Abe Manala, "Mr. Chairman and the President, I as a delegate of Kliptown I wish to speak about this Conference which will give you a clear view of what happened at Kliptown. We thank and appreciate the presidential report. The Geneva Conference which spoke about t BY THE COURT; Just one moment, I notice that some of the Accused are having a little joke amongst themselves. I think that is most unseemly. If they are amused, then it is entirely uncalled for, I shall have to deal with those Accused who don't behave in this Court, I think those Accused I am referring to know who I am referring to, and I should like them to refrain from such unseemly EXAMINATION BY P.P. behaviour. CONTD.:? " the Geneva Conference which spoke about " Now, I cannot make out this word here, which I have wiitten. I can just see "Communism." "In South Africa Communism is a gogga implemented by Swart. South Africa is a country which by America, and South Africa has banned all our leaders." BY MR. COAKER; I wonder if the witness would repeat that last sentence, I'm afraid I haven't understood it at all.

41 EXAMINATION BY P.P. CONTD.:? "In South Africa, communism is a gogga implemented by Swart. South Africa is a country which led by America and South Africa has banned all our leaders, I want our delegates who are not banned South Africa has no case against communism," His speech ends there. The next speaker? The next speaker is Aaron Mahlangu. Do you know him? Yes, I know him. Is he one of the Accused? I think he is one of the Accused. You think so? Well, I am sure he is one of the Accused. Can you point him out? He is here. (24), Omit what he said. Then do you also have the speaker Ida Mtwana? Yes, she is one of the Accused. (49). Omit what she said. Who was the last speaker? The last speaker according to my notes was S. Baduza. He is not here, he is not one of the Accused, Read what he said? "As the chairman of Orlando Residents did not receive a notice of this conference although I heard that it would be held. We have met here in a bad time. This is the first time Congress is allowed to hold privileged meetings here. It is through the present Board that such privilege has been granted. Whenever our people speak the white people always say he belongs to Congress. I see many young people here which shows that freedom is wanted. As I speak here, although I never knew that I will speak, the police are looking for me as I speak, and I am sure that this is the last time I shall speak to you. This Conference should in fact be full. Now it is an open one. This shows that there is something wrong, I greet you. I hope the Conference a success," His speech ends there.

42 And then you have a list of names? Yes. Is that of persons who attended the Conference? This is the names of people I have heard at this Conference, from 2 p.m. on that day. Will you go through your list and mention the names of Accused persons whom you have not mentioned before? Lilian Ngoyi (52); Patrick Malaoa (42); J.S.A. Mavuso (39); I am not sure whether J. Motabi is one of the Accused. Tennyson Makiwane one of the Accused (27); S. Masimula (33); Sampie Malupe (3?-); that is all. (Notes handed in G.851). (No further questions) NO CROSS-EXAMINATION; PETRUS JOHANNES COETZEE, duly sworn, EXAMINED BY P.P.: correct. You have already given evidence in this case? That is Did you take shorthand notes at a meeting on 18/9/55? I did. What meeting was it? It was a meeting under the auspices of the socalled Freedom Charter Committee. Where was it held? In Halls 2 and 3, at 30 Kerk Street Trades Hall, Johannesburg, What time did the meeting commence? Approximately 11,25 a.m. And until when? I have not recorded the time when it concluded. Who was the chairman? Stanley Lollan, coloured male, acted as chairman. He is amongst the Accused and I know him. (22). Were any other members of the Force with you? Col. Det Sgt. Isaac Sharp. He identified the speakers and the inter-

43 preters to me. Did the chairman address the meeting? That is correct. Do you know what language he spoke? He spoke in English. Was there an interpreter? Yes, J, Gatebe. "Afrika, Afrika, Afrika, Friends, we have gathered here this morning to start off our campaign of having the Freedom Charter endorsed. You will all remember the gathering we had in Kliptown on June the 25th and 26th, where we adopted the Freedom Charter. This is going to be the charter of every son and daughter of South Africa. Every little child should start learning about the Freedom Charter. From every corner of South Africa one must be able to say that all South Africans know the Freedom Charter, and we must work to obtain whatever we have in here. This is going to be the basis of our struggle against oppression, and let no man or women rest until we have achieved freedom. We will first ask Mr. Hutchinson to report on the Congress of the People and what happened afterwards, but before Mr. Hutchinson speaks, I will ask you all to get up and we will open this conference with Nkosi Sikelele Afrika." The audience thereupon sang Nkosi Sikelele Africa, after which Alfred Hutchinson spoke. There is such a person amongst the Accused. I don't know him, he was identified to me, (11) "Friends, it is three montte now since the Congress of the People met. June 25th and 26th have been committed to history. Those days of joy and other days belong to the pages of history, but the spirit of June 25th and 26th is with us today. (Applause.) It is a matter of history now, that June the 25th and 26th the people of South Africa met to draw up the Government, a government of freedom and democracy. It is a matter of history that people of all parts of South Africa met at Kliptown. What did they go there for? What did they lose? They had gone there todraw up the Freedom Charter. They had lost their freedom and they sought

44 it, and today what took place at Kliptown, the aspirations of the people, it is a matter of history now. That on that day three thousand people met at Kliptown. They came in lorry loads, they came in cars. They came from the cities. They came: from distant villages, and they all met to speak of freedom. The opening of the Congress of the People will he remembered by all. I can remember the people singing 'Away with Bantu Education. I can remember the joy and the purposefulness of the people as they met together. I can remember that the police trembled. And then the highlights of the meeting of the people of South Africa. You will remember the presentation of the Isitwalandwe. How the people of South Africa gave their highest and their best to the people who had served them best. You will remember the solitary ageing woman in a white shawl, the mother of a hero, Dr. Dadoo*s mother, (applause) receiving the Isitwalandwe on behalf of her son, who had been banned from meeting the people he served. You will remember Chief Luthuli's daughter, Alertina, receiving the highest award on behalf of her father who was away at distant Groutville, and who could not meet the people he loves. And of the three heroes only Father Huddleston was there and he was with us as he has always been, and then you will remember the business of the Conference started in earnest. You will remember that the Charter was read, and it was adopted chapter by chapter, and you will remember that night came and we went back to our places, and that the volunteers kept watch over the sacred place, watch over the place of the Government of the people of South Africa, And the 26th came, it was a Sunday, and the people met again. And the people went on with their business, the drawing up of a document, a document embody ing the wishes of the people of South Africa. You will remember that the Police came, they came mounted. They came to the platform. They were, they had oncovered a plot. They were

45 investigating a charge of treason. treason when we had met publicly, They wanted to uncover announced to the world and to this country. What treason was there? Is it treason to ask that "black and white shouldlive together, as "brothers, countrymen, equals? Is it treason to ask for houses? Is it treason to ask for food? Is it treason to ask that passes must be abolished? And that we might walk freely in the land of our birth* If there was treason, it was in the policemen's hearts. They have committed treason against the people of South Africa. They are the people who have robbed us of our birthright to happiness. They, the agents of the racialists. They, the enemies of the people of South Africa, and so they came. They destroyed the peace exhibition because they are the enemies of peace, and the people answered them in song. They sang the National Anthem. And the people sat down with their business, and tie charter continued to be adopted. The Police threw a tight cordon around tfe meeting, and that evening the people had finished their charter. The people had sealed their Government with their strength, and there was much rejoicing, and the people danced and the dances were described as from (Cuba,) of something like that, and the people and the band played. And the policemen came nearer and nearer and in the dusk they looked like colossuses. They had spat into women's faces." (Cries of 'Shame.') They were investigating a charge of treason, so they said. But we were not bothered because the people cannot know fear, because nothing can stand in the way of the people, because the people are the people, because the people, meeting together as brothers, are invincible, and so the Charter, I mean a resolution, was adopted, and this was the resolution: We who have come from every corner of our land, chosen by our people to meet together in this great assembly, believe that the Preedom Charter we have adopted contains in it the true and most just desires of the overwhelming majority of the people

46 \ of South Africa. We proclaim that in this land, where the massof the people own nothing and know only poverty and misery, this Charter will become the most treasured possession of all who are oppressed and of all who love liberty. Wherever there are people living or working together, they must be told of this great charter, so that they may see and understand the sweeping changes that will come from their everyday struggles against indignity, inequality and injustice. We declare that all true sons and daughters of South Africa will work, from this day on, to win the changes which are set out in the Freedom Charter. Those who arein the forefront of this struggle will forever hold an honoured place in our history. Those who work against it will be isolated and scorned. We pledge that when we return from here to our homes, we will at once make known to all our neighbours and workmates what we have done here, and we will win support for the Freedom Charter. After paying tribute to the sponsoring organisations, the resolution mandated those bodies to continue to work together and campaign for the achievement of the demands of the Charter, to get the Freedom Charter endorsed and accepted by all democratic organisations, and so following the instructions of the people of South Africa, the four organisations, the S.A. Coloured Peoples Organisation, S.A. Congress of Democrats, S.A, Indian Congress and the African National Congress, the executives of these organisations met in Durban on the 1st August, and these organisations decided to embark on a million signature campaign, a million signatures to support what the people of South Africa have built. The peoplehave made their Charter and the Charter must be taken back to them, the Charter must be taken back from whence it came. It must be taken to the cities, it must be taken to the towns, it must be taken back to the villages, it must be taken to the schools, it must be taken to the kitchens; But is not enough. It is easy to write my name, in order that

47 the Charter must have a meaning to the people of South Africa, it must mean something to the man in No. 4 for not having a pass. It must mean something for the mother whose children are crying in hunger. In other words, it must he linked with the lives of the people. The people have spoken. Another milestone has he en reached. The path is short for the racialists. The people must brush them aside on their road to freedom, (Applause) The people must crush them because the people have spoken. The people have sealed their covenant and there is no going back." (Applause.) Then the chairman again, Stanley Lollan: "Before I call upon the next speaker, I want to tell you something about this reference bureau, something I have got here, this group of people who set themselves out to do the work for the Government. They ask exployers of domestic workers send those women to their offices to be photographed and given what they call a reference. Here they ask the employer to send their employees to be photographed. (Indicating on paper in his possession.) They do not ask the permission of the servants. Now, tell everybody you come in contact with not to go to these places, because this is just another form of pass being carried by women. And if any employer forces a servant to go to these places, she must tell this boss; "Look, I'm not a part of your house, I'm not a piece of furniture." That concluded his remarks. Then Dr. Press went up to the platform. He is one of the Accused (60). He started speaking without being introduced by the chairman. "I want to tell you about a little incident. We were frightened that the police would come here and take some of the literature we'are selling. So I took it down to my car and the police followed me, and they said they wanted a copy of the... seized it. I have got a receipt for it, and if the people want freedom and if the police want literature, there is something funny in South Africa." Then the chairman

48 again, Stanley Lollan. "We will now ask Mr. Sijake to speak on the section of the Charter which says that the people shall share in the country's wealth. Thereupon a native male, Nimrod Sejake spoke in a native language, interpreted by D. Sepocho. There is a Nimrod Sejake amongst the Accused. I do not know him, he was identified to me. (65) "Afrika, Afrika, Mayibuye. Mr. Chairman, comrades and the enemies of freedom, I greet you. The people shall share in the country's wealth. The land shall be shared amongst t.ose who work it. Land must be used by man for his welfare. This service absorbs the following branches of cultivation, agriculture (horticulture), forestry, industrial, commercial, housing, railway sites and so on. Let me give you one example, mainly agricultural. It is by means of cultivating the land and fertilising it in the proper manner that we are provided with food in order to fight starvation. Dams and canals must be constructed for the purpose of cultivating and irrigating those areas, and in concert with these aims the land must be sub-divided scientifically to suit the various aspects of men's requirements of the basis of collective bargaining. This cannot be done in South Africa with legislation such as the Group Areas Act obtaining in the country, which robs the people of their improved sites, as well as their livelihood in the country, and the people of South Africa have gathered here to say we have reached a point in our lives where we are determined, and fully determined, to put a stop to it. Nothing in the opposite side will stop the people's march forward to freedom. (Applause.) Land under th present system of administration belongs to a favoured class and further ownership can only be extended on racial principles, but the people of South Africa say today, this is the end to it. Individuals monopolise large stretches of land which they not do do not utilise, but do/so for the benefit of the whole population, but for capitalist objectives, exploiting the unfortunate

49 masses. The people of South Africa today say 'No. 1 My friends, Bethal farming conditions are a clear example in this the poor workers there toil and produce the food which regard, they are not allowed to eat. We stand here today and say to the people of the world, they will eat as from today. Cheap labour 3.nd forced labour is the order of the day in South Africa. The few who own the land allow it to be worked to a particular degree only. The purpose is that that will give them the profits they need and consequently (competition in the business fails which in South Africa has other causes) maybe the buying of smaller pieces of land by larger ones, consequently unemployment follows and surplus albour begins to roam the country. The state which is the instrument of oppression, that is thegovernment which is the instrument of oppression, and which is financed by the money magnates make, is sat into operation, the machinery which restricts the movement of people, by enforcing particularly the pass laws and that is the great weapon used by the Government in South Africa today. It rests with us to say whether we are going to continue to carry passes, carry the reference books or not. Under this situation, the people's purchasing power is seriously reduced. The articles which they would otherwise have bought, must be destroyed, that is the law of capitalism in South Africa, as in other countries. Even food is destroyed in South Africa whilst there are millions of people who suffer from malnutrition and actually die from hunger. Thus the ownership of land becomes meaningless under the present system in South Africa, and you and I must correct it. If you don't, God will not, for he has nothing to do with your conditions and omissions. He is not responsible to you. You must sit down and form the machinery for freedom. There is a burning need for a change, a definite change, a progressive step is necessary to bring the shape of things to come. One million signatures alone are not sufficient, action

50 is the correct dose. The proletariat must fight not only from the political platform, because this merely explains the situation, hut they must also create a theatre, and they must fight tactfully in actual manoeuvre, and employ a definite amount of energy for the freedom to come. This will give us some guarantee, that the road to the redivision of land amongst those who work it has heen found. We advocate the abolishment of prisons, they stand on land which could have been used for the construction of agricultural colleges. of land, we find more policemen. schools, we find more prisons. Now, we don't find more teachers Instead of finding more Instead of finding a rising degree of happiness, we find a mounting degree of misery in South Africa. The State must provide tractors on the land and not handcuffs. There must be more seed and no barren land. There must be more water reservoirs and no drought, more domestic animals and no culling of stock, wee paid agriculturists and not men (who deport us with their fingernails to Bethai prisons) There must be freedom of movement and no reference books. They day may come when the African women will be compelled to carry reference books. But I visualise that that will be the day when the devil will be let loose. But we are fighting this evil today because it inconveniences the menfolk. They say our wives must carry the same devil, that will be the day. (Applause) There must be work and security. The period seems to be fast arriving when (all the people) will join the liberatory movement in this country, and finally all workers who are in the grinding mill of misery and poverty should join hands for the determined achievement of the peoples freedom. This part of the struggle cannot be won early enough, whilst there are other sections of the people who for one reason or another enjoy certain rights or concessions, and feel they must stand aloof to protect and maintain their privileges, whilst the rest are perpetually injured it will be good therefore for the workers of all races

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