Speech from the dock

Transcription

1

2 - 'O l l l l K 1 A K I M ilki- sticcl-. ii.uni il.itlei Nelson M.inilela ilt.m l i n o n e c -. e III l l l f W i l l C M i l l ) ' " I1icc Kelson Mandela bv A K A u.is top ii the pops in Itrilain; Nicvic Wotuicr adapted one til Ins si.ilf.', to sill,; to the I Imled Nations "Mandela. we just called t«is;iv we lin e you".dcini>cialic governments in.i even Intcinalional llankcis h.ive loined the call of. South Africa's people lot Mandela and his co-accuscd lo Ik* released 1*i>I business, the T IT. Church leaders and a small hand of A frikaans students have been queuing up at the ANC*s door in Lusaka. And with his Cape Times interview, Oliver Tambo showed that if the press laws gave him half a chance, his views would certainly Ik- food for thought for South Africans. Hut while the A N C continues to engage in high-level diplomatic talks, it has made it quite clear that its political and military offensives will also intensify. Mandela and Umkhonto Mandela has bccoinc a symbol yf the A N C. He and his co-uccuscd were imprisoned for spear-hcading th e, fom uition of U m khonto we Sizwe, ^initiating the sabotage strategy, ^ an d" promoting A N C underground structures... :!a «l» brisk political pace ' o f the A N C ; the AN< to :nlii i.1, pin,. I. i n l i n e.il.ii l i n n, w I m Ii i n i l i i i l n l I he I >rli.inre (.iiiip.ugu As AN( 'inenilieisliip p e w toovei KKI (HK) people by 1*>M. Mandela stalled aiguin,: that the A N C uiu-.t prepare lor a time when it would I ', pievented from mobilising', m. upeiily; that sli unities mil l l * e built lliat did not rely so heavily "ii bringing alhnil mass action (lit.-itf.h public mass inccliugs. pic-.s,i.neinents and pauiphlcts The M-Plan Mandela p i o, n lc M-l lan in the IV.Stls. this xv.is a system of cells, based on membership in a single street, and headed by a cell steward. Seven street cclls would make a /one. and the chicf Mcwaid o f cacll /one would nu-ct with lour others lo make a waul. ( >ne person from each ward would make up the A N C branch secretariat to administer the ANC in a township. To sct up this network involved a huge amount of organisational work. In 1955 an N L C report said. "The National liberation movenicnt has not yet succccdcd in the organisational field in moving out of the domain of mass meetings and this type o f agitation. Mass gatherings and large public activities arc important, but so is house to house work, the building of small local brandies, dose contact with members, and their continual educatio n.".. W hen ih.- A N ( ' was Im.illy I...,,.1 111IIII I, (tm ill by,,. banning Iln- Stale ol I n ic ig e iu y in l*>(.l), M andela m otivated the turn to aim ed sliugglc. Speech from the dock In Ins Inal, he explains some ol the laclois lliat led him alone, this path: I he whole life ol any thinking African m this country iliives con linuously to a couflicl lietwcen his conscience on the one baud and the law on the other.. The law as it is wiitten and designed by the Nationalist < overnmenl is a law which, in our view, is im m oral, unjust, and intolerable. O u r consciences dictate lliat we must protest against it. that we must oppose il and that we must attempt to alter il. Mandela went on lo warn of ilndangers of government violence io uphold unjust laws: fiovcrnm cnt violence can do only one thing and that is lo breed countcr violence. We have warned icpenti.fly that the (iovcniuicnl, by n soiling lo violence, will breed in ihts country countcr-violeuce amongst the people, until ultimately, if thru-.. no dawning of sanity on the p an ol the Government, ultimately the dtspulc between the Govcrnmenl and my people will finish up I-cm,: settled in violence and force. " A h e.n lv llu -n -.in- indications lli.il.-m in.in.co ilt*.in- tu n u m : lo d c lik -i.ilc.u ts ol violence anil ol lorcc against the ( io v c iiiiiic n t. in o iilc r to H-isuadc the < ovcinm cnt, in I he only language w hich it shows, by its ow n Ih Ii.iv io iii. that it understands." The next time that M andela was able lo pul Ins views on violence to South A frica ns, was. D y c a is la tc i. w hen I W o llc ic d M andela conditioual icleasc il he tcnounccd vio lence. No to release offer llut.iltcr 2(1 years of prison, M andela icfused his own freedom rather than compromise his beliefs, lie showed this inner strength before when he was allegedly ollercd conditional release to the Transkci. I le rejected it because he refused to recognise the Transkci. Mandela laid the blame for violence in South Africa firmly at the govcrnmcnls's door, and called on Botha to renounce violence. "I am surpiiscd at the conditions the government wants lo impose on inc. I am not a violent m an," M andela said. It wns only when all other forms i*f resistance were no longer open to us. that wc turned to armed struggle. '"I oo many hove died since I went to prison. Too many have suffered for their love of freedom. I owe it to then widows, lo then o ip liiiiv lo (lieu tuolhcis.m il l.itlicis win. Ii.nc gtieved.uni wept loi them. "Not onlv 1 have suffered.luiin,' these long, lonely, wasted w-.iis I am not less htc-loving than you ate Hut I cannot sell my birlhriglit. iio i am I prepared to sell the birthiighl ol the people to be free. Mandela said. I cannot and will not give any undertaking at a lime when I and you the people are not free. Your freedom and mine cannot be sepcrated. I W IL L return. If Mandela were released tomorrow. he might find conditions sadlv unchanged Irom what he left behind so long ago. But while conditions might be the same, the balance of forccs has changed to a point where the A N C believes the struggle has entered a new era. Mandela would find an apartheid government isolated internationally. facing an economic crisis beyond its control; losing its grip politically as the townships become ungovernable, and faccd with the threat of alternative mass revolutionary bases being built in the townships. He would find the A N C confident of its future after its recent Consultative Conference, and on a wave of international credibility. A nd if support for the call for his release is anything to go by, the A N C has still has mass support inside the country.?

3 JOHANNESBURG REGIONAL COURT CASE R/C M/3187/83 DATE: 22/9/83 IN THE REGIONAL COURT FOR THE REGIONAL DIVISION OF SOUTHERN TRANSVAAL HELD AT JOHANNESBURG BEFORE : 'MR I J LUTHER THE STATE VERSUS : M A R Y B E R N A R D CHARGE: (SEE CHARGE SHEET) PLEA: NOT GUILTY FOR IKE STATE: MR G THJART FOR THE DEFENCE: ADV D A KUNY AND W PRINSLOO INTERPRETER: MR W FIGLAN TRANSCRIBER: MRS C M KOTZE MESSRS LUBBE RECORDINGS JOHANNESBURG

4 JOHANNESBURG REGIONAL COURT CASE NO 61/3187/83 DATE: 22/9/83 THE STATE VERSUS : M A R Y B E R N A R D CHARGE: (SEE CHARGE SHEET) (PROSECUTOR PUTS THE CHARGES TO THE ACCUSED) PLEA: NOT GUILTY (Co all charges) MR D A KUNY: May it please Your Worship, I appear in this matter together with my learned friend Mr Prinsloo on behalf of the accused- The pleas entered by the accused are in accordance with our instructions and I 10 propose to read out a statement made by the accused in terms of Section 115 of the Act, Act 51/1977, unfortunately sir we have not had this typed, it can be typed in the course of the proceedings, but at the moment may I read it out and hand it to Your Worship? The accused has signed this statement? - (MR KUNY READS STATEMENT MADE BY ACCUSED EXH A) BY THE COURT: Accused will you confirm the contents of this statement? ACCUSED: Yes, I do. 20 PROSECUTOR: Your Worship, I intend handing in a statement or rather a statement that contains questions and answers to the accused it has been admitted by my learned friend. I wonder whether there is any objection of me reading our the statement *nd handing it in as an exhibit? BY THE COURT: Do you have an objection Mr Kuny? MR KUNY: No, no objection Your'Worship. It is in accordance with our Section BY THE COURT: Is it formally admitted that the statement was made by the accused? MR KUNY: Well that these questions were put and the 30

5 the answers which are recorded on that document were given. It is not a statement actually signed by the accused, it is a form of question and answer. BY THE COURT: And may I -enquire whether this is admitted whether this was given freely and voluntarily? MR KUNY: As Your Worship pleases yes. PROSECUTOR: I will read out the questions and answers. This is done on the 4th of March 1983 and the accused before - appeared before Captain Kruger of the security branch of the SA Police in Krugersdorp. She was warned that she was suspected of having committed the crime of contravening Section 13 (1)(A) 1 to 5 of Act 74/82 (PROSECUTOR READS further ) (Handed in as EXH B) BY THE COURT: This document will be marked EXH A ) DIE STAAT ROEP: MARTIN JOHANNES SAUNDERS, beedig vprklaar: OXDERVRA DEUR AANKLAER: U is 'n kolonel in die S A Polisie en as sulks afdeling speur-offisier van die afdeling Wesrand en gestasioneer te Krugersdorp? ---Dit is korrek. Op die 4 Maart 1983 om ongeveer tien-voor-twee die middag is die beskuldigde na u kantoor gebring? --- Dit is korrek. Het u 'n onderhoud met haar gevoer in die kantoor? ---Dit is korrek. Wie was almal teenvcordig toe hierdie onderhoud gevoer was? --- Ek en die beskuldigde alleen. Watter taal was daar gebesig? --- Engels. Kan u aan die Hof vertel wat die aard van hierdie onderhoud w a s? ---beskuldigde, tesame met 'n verklaring was na my gebring en aan my oorhandig..

6 3 Kol.Saunders Sal u asseblief kyk na BEW A asseblief? Was dit die verklaring of was dit n ander verklaring? ? --- Dit is die verklaring en op die verklaring is daar ook n endossement deur my aangebring aan die einde van daard ie.. U kan maar sommer nou daardie endossement aan die Hof uitlees? --- (GETUIE LEES ENDOSSEMENT OP VERKLARING BEW A ) Is daar enige ander mededeling aan die beskuldigae gemaak? --- Ja. 10 Wat is dit? --- Sy het gese dat sy die vrae wel beantwoord het, omdat die dokument betrokke haar eiendom is en dat sy haar mede-kollegas nie daarby betrokke wou he nie. Watter taal het sy gebruik toe sy dit vir u se ---Sy het dit in Engels gese. Kan u aan die Hof verduidelik hoe dit gebeur het dat sy dit vir u gese het? --- Dit was nadat ek vir haar die vrae voorgelees het en sy dit bevestig het, het sy net spontaan geantwoord daarop en dit was haar wocrde. 20 Was dit voor of nadat u die endossement op BEW A aangebring het? ---Dit is net nadat ek die vrae aan haar uitgelees het en sy dit bevestig het. Op BEW A het u 'n sekere endossement aangebring wat u alreeds aan die Hof uitgelees het? --- Korrek. Die mededeling van die beskuldigde, was dit voor of na daardie endossement aangebring was? --- Dit was tydens daardie endossement net daarop aangeteken. Het u dit op een of ander plek aangeteken? --- Nee ek het nie ek het net 'n inskrywing in my voorvalleboek 30 gemaak. In my dagboek gemaak. /Hce..

7 A G 0 0J 4 3 Kol.Saunders Hoe lank was die beskuldigde in die kantoor gewees? ---Plus-minus 15 minute. Het sy enigiets anders aan u meegedeel behalwe dit wat u reeds vir die Hof gese het ---met my voorstelling aan haar het sy net gese - toe ek vir haar baie mooi laat verstaan het dat ek nie verbonde is aan die veiligheidstak nie, "0 ons is maar net almal van deiselfde mag" En in u posisie as amptelike speurder-offisier het u tnigsins enigiets te doen by die Veiligheidstak te Krugersdorp? --- Nee ek het nie. Enige ander Veiligheidstak te Krugersdorp? ---Nee. GEEN VERDERE VRAE GEEN VRAE DEUR MNR KUNY MARY RAPHAEL MOROKWANE, sworn states: EXAMINED BY PROSECUTOR-; Are you a sister of the St Mary Convent, Khagiso, 1, Krugersdorp? ---Yes. Now where do you stay? --- Khagiso Location. In a house or where do you stay there? --- St Ma Convent. Do you know the accused? --- Yes I do. Where does ^ie s t a y? ---Together with us. In the house. How many of you are staying in that house? --- Four of us. Are you sleeping in one bedroom or does everyone have his own separate bedroom? --- Each one possesses h own room. Now in this house as you refer to is there a communia1 room or not?

8 5 Sister Mary Morokwane Yes it is a community room we refer to it as such. Can you describe the furniture in that room? A V ---There are tables, chairs, a hi fi radio set, Do you ' jknow whether any books or documents or pamphlets are stored in that Hi Fi radio Yes. Now where in the radio is it kept? --- Where the records are kept. Yes where is it, is it a drawer or an open space, or a cupboard or what is it? ---In a shelf. And who store books and documents there? ---Any 10 of us could place anything there, but as far as I know Sister - the accused places her own things also there, that have something to do with her own job. What do you mean by things?--- Books. Books relating to her work? --- Yes What type of work does she do? ---I uuly a^are of the fact that she is employed by the Bishops Conference it is a type of book she keeps there. Did you ever see her place books there or removing books from there? --- Yes. 20 On how many occasions? --- Only once- How long before her arrest was that? Did you knew when she was arrested? ---It was a long before that Before what? --- Then Do you know when she was arrested? ---On the 4th of March. Now how long before that date did you see her either removing or putting books in the radio? ---I do not remember how long Days or months or how long would you say/ --- I 30 do not know. /Now.

9 t ~ 6 Sister Morokvane Now this shelf you are referring to, is it anq Q Q Q 5 i j open shelf or is it a closed shelf or what? Can you please describe it to the Court? --- It opens and closes In what manner? --- You pull it Byt the drawer? --- Do you open the door- open the drawer? You pul 1 it. By the drawer? --- * Do you open a door to get to the shelf is that correct, a cupboard door? --- You pull the door down- 10 wards. And how many of them are there, of that type of shelves, only the one or is there more than one? ---Only or.e- I think just one. NO FURTHER QUESTIONS BY THE COURT: Is this shelf part of the HI FI set? Yes. CROSS-EXAMINATION BY 'ADV KUNY: Sister Raphael, how long have you been living at that convent? --- Since December And the accused, for how long has she lived there? ---Since So you and she have lived in the same place for a number of years? --- Correct. Now you therefore know her very well and you know all about her work as well? --- What must I say now? Well is that not so? --- I am aware that she is working You know that she does research work in the S.A. Bishop's Conference? ---Yes. 30 And that she writes reports? --- Yes And that she has a great deal of paper work

10 7 Sister Morokwane to do? ---Most of the work she does at Bishop's conference office Yes but she also does a certain amount of work at the Convent? Paperwork? --- Yes. And she keeps books, and documents and. papers at the Convent in this communal room? ---Yes In connection with her work? --- Yes. Do the other three sisters who live there, that is yourself included also have books and documents and papers which they keep there? - Yes 10 So that room is really a room where you would all, all of you put your papers, your books, your documents, your odds and ends? --- That is so. Is it very tidy or is it a bit untidy from time to time? ---Sometimes it is tidy and sometimes untidy And is that room used by all four of you as a work room as well as a room in which you relax? ---Yes all sisters relax there, visitors go downstairs. And you also work there? --- Yes. At the tables or sitting in the chairs in that room? Yes. Now you say that only once did you see Sister Bernard place books in the shelf is that so? ---That is so Surely you were all frequently removing books from the room or taking books from the room, putting books in the room, this was happening all ths time? ---That is so. % Because there must have been a great deal of activity taking place in that room? ---Yes. Were you incidentally present when the police came 30 to the Convent on the 4th of March.'? --- Yes I was present, but I was..

11 8 Sister Morokwnne r\ r\ Pi z c. ' but I was asleep at the time. UuJ... When did they come? --- I did not see them arrive because I was asleep. What time did you first see them? ---Ten to 6 in the morning. Do you know who opened for them? ---I do know according to what I heard it. Only what you heard. Now I just want to ask you about this shelf on which various books were kept, You say that sister Bernard keeps her books on this particular shelf?---documents and books. Yes, that is what I wanted to ask you, it is not just books but documents as well? Letters various kinds? ---Yes And is the shelf fairly full of books and papers and documents? ---Yes Is that specifically for her things or do other people also put their- things there? --- So far I have not seen anybody else place her things inside there that particular shelf, although we are all free to do it. NO FURTHER QUESTIONS RE-EXAMINATION BY PROSECUTOR: Where do you keep your books and documents? --- In my room and also in the sparerocm. But do you know where the other two sisters keep their books and documents? ---I only know that they keep their documents and books in their rooms, but I do not know where they keep their'other documents and books KONST. AUCAMP.

12 HERMAN POTGIETER AUCAMP, beedig verklaar: ONDERVRA DEUR AANKLAER: U is n konstabel in die S A Polisie verbonde aan die Veiligheidstak en gestasioneer te Krugersdorp? --- Ek was ten tye van die saak, maar nie meer nie. Op die Maart 1983 om ongeveer 5h20 het u en ander lede van die mag gegaan na St Mary's convent in Kagiso te Krugersdorp? --- Dit is korrek. Dit' is gemenesaak dat daar sekere geskrifte gevind is in die Convent, wie het dit gevind? --- Ek het 10 dit gevind. En waar het u dit gevind?---in 'n radiogram in 'n laai en 'n portaaltjie voor beskuldigde se woonkamer. Nou kan jy net die laai aan die Hof beskryf asseblief, is dit 'n gewone laai soos laaie in n tafel of watse tipe laai is dit? --- Nee dit is onderaan die radiogram, n mens merk hom ook nie dadelik op nie, dit is heelonder dit is 'n plat laaitjie. 'n Klein laaitjie, ek het hom aanvanklik nie opgemerk nie, maar wel op 'n later geleentheid. 20 En hoe maak n mens die laai o o p? ---Jy trek hom net oop met n handvatselt jie. Dan trek hy uit soos n gewcne l a a i? ---Scos n gewone laai. Het jy enige ander rak of iets soortgelyks aan die radiogram gevind? --- ja daar is ander rakke ook in die radiogram, ek het hulle ook deurgegaan maar daar was niks daarin gevind nie. Nou hierdie ander rak is dit oop rakke- of is dit rakke wat oopmaak? ---Ook met deure. 30 En was dit leeg of was daar enige goedere daarin? /Daar..

13 ] 0 I\OllbL nucdllip p n ---DaAR was gcwone cydskrifce in wac n mens in 'n U w cafeceria kan koop. Watse soorc cydskrifce is die? --- Ek kan nie onchou waccer cydskrifce is die wac die regce naam was m e. Ek wys aan u 'n arcikel wac gecicel is "LeC us rise to Che occasion" HeC.u daardie pamflec gevind? ja die is een van die pamfletce wat ek gevind hec. Dit is BEW 1. DEUR DIE HOF: Waar het u dit gevind? ---Dit het ek in Radio gevind, in daardie laai daaronder. HOOFGETUIENIS (VERV) Ek toon aan u sewe uitgawes van "Total War in South Africa" van Nusas, het u dit ook daar gevind? --- Ek het dit ook daar gevind in dieselfde laai. Edelagbare wil u he dat dit apart genommer moet word of kan dit 2 lles m g a a n as B~vs l. DEUR DIE HOF: AANKLAER: DEUR DIE HOF: Is hulle almal dieselfde? Alrr.al presies dieselfde. Ek dink dit kan as BEW 2 genommer word en as dit nodig is ora na 'n besondere eksemplaar te verwys dan kan dit maar BEW 2A, 2B ensovoorts gencmmer word. HOOFGETUIENIS (VERV) Het u enige iets anders in daardie betrokke laai gevind? --- Ja, ek kan nie die name daarvan onthou nie, dit is 'n hardeband boek wat ek daar gevind het en dan nog ander pamflette, maar daat/is vasgestel later dat dit blykbaar nie verbede was nie Kyk na die boek en die twee pamflette? Die boek kan ek merk BEW "NEW COLLONIALISM AND AFRICA in the 19701s" Dit is BEW 3 Edelagbare, en 'n pamflet "RIDING the TIGER"? BEW U. "SOCIAL REVIEW" - BEW 5.

14 11 Ek toon aan u twee identiese bladsye met geskrewe - het u dit ook in die laai gevind? --- ja ek het dit ook daar gevind. BEW 6 Edelagbare En dan "ZANIAN NATIONAL YOUTH UNITY" Het u dit daar gevind? --- Ja ek het dit ook daar gevind Dit is BEW 7. Het u beslaggele op al die ar- tikels wat u in die laai gevind het of net op sommiges? Net op sommiges daar was gewone tydskrifte ook in die laai. 10 Kan u nog die grootte van die laai aan die Hof beskryf, die lengte, breedte en diepte? By benadering? --- Edelagbare ek kan nie se hoe breed hy was nie ek kan nie onthou nie, near hy was ongeveer so diep. DEUR DIE HOF: U dui aan so 4 duim? --- Vier duim. En die lengte? --- Ongeveer seker 2 voet HOP FG ETUI EN* 15 : U kan nie onthou hoe breed dit was nie? ---Ja ek kan nie onthou nie. DEUR DIE HOF: Verwys jy nou na sy die p t e?---sy diepte. Dit is nou van voor na agter? --- Ja dit was on- 20 geveer 2 voet. HOOFGETUIENIS (VERV) Nou die BEW 1 EN DIE ANDER UITGAWE VAN "TOTAL WAR" het u dit, op watter stadium het u dit gesien in die l a a i / ---Ek het die laai heeltemal uitgepak, en ek het dit aan die - wat ek in die laai gevind het wat vir my van be Iang was, het ek aan Luitenant Mostert oorhandig - ek het alles uitgepak wat in die laai was. Was die laai in 'n netjies toestand? ---Daar was bietjie stowwerig in die laai. Maar die goed wat gebere was in die laai was dit 30 netjies? --- ja ek kan dit bestempel as netjies. /Was..

15 12 n ri n Konst.Aucamp u 'J J y j 6 Was u teenwoordig toe Luit Mostert n onderhoud met die beskuldigde gevoer het? In verband met BEW 1 tot 2 tot 8? --- Nee ek was nie teenwoordig nie. Nou ek sien op al die items verskyn 'n handtekening met die endossement "Konstabel" agter. Is dit u handtekening? korrek. Ek verwys net na een van hulle ;? ---Dit is Die een handtekening is myne en die ander handtekening is die handtekening van die beskuldigde hier teenwoordig. Het sy dit in u teenwoordigheid onderteken? --- Dit is korrek. Hoe het sy vir u voorgekom toe sy dit geteken het? --- Sy was doodkalm gewees. GEES VERDERE VRAE DEUR DIE HOF: Advokaat Kuny - ek het die bewysstukke hier, ek weet nie of u dit wil sien nie? ADV KUNY: Ja, kan ek al die bewysstukke sien asse- blief? DEUR DIE HOF: Sekerlik. Ek het op van die bewysstukke wat ek by my gehad het die bewysstuk nommer opgeskryf van die ander wat ek nog nie in my besit gehad het nie, ek weet nie of hulle al genommer is nie. ADV: KUNY KRUISVERHOOR : Konstabel Aucamp, was daar heelwat boeke en dokumente in hierdie laaie gevind? --- ja daar was nog verskeie ander boeke ook daar gevind. H o e v e e 1 laaxe was daar? Daar *vds net een ^aa^ En waar was die ander boeke en dokumente? --- Daar was boeke en dokumente in haar persoonlike kas, daar was boeke en dokumente in 'n kas in die portaal, daar was boeke en dokumente in hierdie selfde kabinet waar ek die gevind het in kassies langs die kant. /So...

16 13 n o n ' W Konst Aucarr;p So daar was heelwat ander boeke en dokumente wat versprei was? --- Ja dit was versprei In verskillende plekke? --- Dit is korrek. En in hierdie laai was daar ook verskillende boeke en dokumente? --- Dit is korrek. En voordat u hierdie dokumente, die betrokke dokumente BEW I en 2 uit die laai geneem het het u alles uit die laai geneem? --- Korrek En tussen in die boeke'en dokumente wat daarin was het u hierdie dokumente en boeke gevind? ---Nie tussen-in nie dit was apart gewees, versprei van die ander. Nou praat u nou van BEW 2? ---Dit is reg. So dit was alles in 'n staatboekie gewees in die hoek, "TOTAL WAR" ---Dit is korrek. Maar BEW 1, hierdie dckument, dit was tussenin al die dokumente wat u daar gevind het? --- Ek kan nie onthou of dit tussen-in was nie maar dit was in die laai. Ja u kan nie se presies waar dit was nie? --- ja. En dit was net in hierdie toestand gevind met hierdie bladsy voor? --- Dit is korrek. Sodat u dit moet oopmaak om te sien wat daar ingeskryf is? --- Dit is korrek. En ek neem aan dat u beslaggele het op die boeke en dokumente wat n mcontlike politieke konnotasie gehad het ---Dit is korrek. Op daardie stadium het u 'nie geweet of hulle verbode dokumente en boeke was of nie? --- Korrek. En u het heelwat ander boeke en dokumente daar laat staan --- Dit is korrek. CEEN VERDERE VRAE /LUIT.MOSTERT.

17 1A JAMES TI MOTH IAS MOSTERT, beedig verklaar: ONDERVRA DEUR AANKLAER: U is 'n Luitenant in die SA Polisie verbonde aan die Veiligheidstak, Krugersdorp? --- Dit is reg. Was u op die A Maart van vanjaar teenwoordig toe die vorige getuie Konstabel Aucamp, sekere stukke in die St Mary's Convent gekry het? ---Dit is korrek. Wat het hy met hierdie artikels gemaak wel nadat hy dit gevind het? ---Hy het dit aan my oorhandig. Is dit die artikels nou hier voor die Hof? ---Dit is van hulle. Is daar nog iets anders gekry? --- Daar was ander artikels ook gewees. Soos? ---'n Paar boeke daardie goed wat daar le. Hulle is alreeds ingehandig. Het u met die be- skuldigde 'n cnderhoud gevoer in verband irici. hierdie artikels? --- Toe die goed gekry is ek dink my woorde was het ek aan haar gese"dit lyk my ons het n probleem hier" en ek het haar gewaarsku en haar regte aan haar verduidelik en gevra of sy enigiets wou se. Wat was haar reaksie? --- Sy wou geen verduideliking gee nie, sy het vir my gese sy praat.nie sender haar regsverteenwoordiger nie. U het vir die Hof gese u het haar gewaarsku, hoe bedoel u hoe het u vir haar gewaarsku? --- Ek vermoed daardie, veral die een ding met die foto van Oliver Ta^.k-.a op dat dit uit Seshaba uitkom en dus besit onwettig is - Daardie dokument met die foto van Oliver Ta * *!. a op Watter dokument is dit noum, waarna verwys u?--- Dit is BEW 1. Ek het haar gese sy is nie verplig om 'n verduideliking te gee nie en daarop het sy net vir

18 15 Luit.Mostert my gese dat sy niks te se het sonder haar regsverteenwoordiger nie. Die dergelike woorde dit kom daarop neer. Nou toe u vir haar gese het "Dit lyk my ons het probleme" watse taal het u gebruik? --- Ek het Engels gepraat. Waarna het u toe verwys toe u gese het "Dit lyk my ons het probleme"? --- Na daardie dokument BEW 1? --- Met die foto van Oliver T3mba op. En het u toe onmiddellik voortgegaan om haar regte aan haar te verduidelik? Nadat u gese het dit lyk my ons het probleme? --- Ja ek het vir haar gese sy is nie verplig om enigiets te se nie, sy het gese sy ken haar regte in elk geval. Ek glo nie ek het haar 'n vol- ledige waarskuwing volgens regtersreels gegee nie. Wat was haar toestand op daardie stadium, hce het sy vir u voorgekom? Was sy kalm? ---Kaim, ek sal nit se sy het enige probleme gehad nie, 'n mens sa*l dit nie se nie. U se u het vermoed dat bewysstuk 1 is 'n uittreksel uit Seshaba uit? --- Dit is korrek. Het u dit vergelyk met Seshaba om vas te stel of dit wel so is? --- Ek het dit gedoen by die kantoor. Waar het u die tydskrifte Seshaba gekry? --- Ons kry van tyd-tot-tyd die goed en as ons dit nie het nie dan kry ons dit van Pretoria af, of van Hoofkantoor af waar n biblioteek is. Ek toon aan u 'n tydskrif 1980 Seshaba "Official Organ of the African National Congress -of South Africa" --- Dit is een van die Seshabas ek weet nie hoeveel ek deurgegaan het voor ek op die stuk afgekom het wat korres- /pondeer..

19 l $ it- Mostert pondeer het met daardie uittreksel nie. Op Watter bladsy verskyn die wat op BEW 1 verskyn? --- Op bladsy 2, 3 tot verder tot by bladsy 12. Hierdie is BEW 8. GEEN VERDERE VRAE Luitenant kan ek net na daardie Setshaba kyk, en ook BEW 1? Luitenant u se dat toe u hierdie dokument gesien het het u vermoed dat dit 'n uittreksel was van 'n Setshaba?---Dit is korrek. U was nie seker daarvan nie? ---Ek het n baie sterk 10 vernosde gehad as u kyk na die Setshaba die grootte van die blad en die manier waarop dit gedruk word dan is die ooreenkoms baie sterk. Ja maar u kon nie seker gewees het nie? Toe u cit eers gesien het? --- Nee ek was nie 100% seker nie En u sal toegee dat daar niks op hierdie dokument BEW 1 is cm te bewys dat dit wel uiosechaba kom nie? --- Dit is korrek Daar is geen datum hierop nie? ---Ek het nou nie so goed opgemerk nie maar dit is moontlik dat daar nie 'n 20 datum op is nie. En geen aanduiding in enige ander opsig dat dit uit Sechaba kom nie? --- Dit is korrek. En u se u moes deur 'n hele aantal Sechabas kyk voordat u die betrokke een gevind het? --- Dit is reg. Dan hierdie Sechabas word by julle kantore gehou? --- Normaalweg word hulle Pretoria toe gestuur, en vandaar sou ons die goed kry, ons het 'n paar van die goed daar gehad toevallig. GEEN VERDERE VRAE GEEN HERVERHOOR 30 - HOF VERDAAC -

20 ^ y U p, U n n c. < 1 V.J O i HOF HERVAT: PROSECUTOR APPLIES FOR A REMAND IN THIS MATTER (FOR FURTHER INVESTIGATION TO INVESTIGATE THE QUESTION OF MENS REA on Che pare of Che accused) MR KUNY OPPOSES THE APPLICATION FOR A REMAND BY THE COURT: Ic seems from Che case record ChaC Che accused has appeared in CourC on a number of occasions and Che maccer was Chen poscponed. However Che accused is on bail and ic seems to me ic is not unreasonable Co grant the application of Mr Thiart, and the application 10 is accordingly granted. Accused, the matter is then being postponed until the 1st of December 1983 in this Court Court No 13, you are on bail, you must again attend on that day at halfpast eight in the morning and remain in attendance. ADV KUNY: Your Worship, may be uplift the Sccticr. 115 statement in order that we can make copies of it? BY THE COURT: I have it in my office you can get it there, I have not brought it with me to Court now, but I have it in my office CASE REMANDED TO 1/12/83 - ON RESUMING ON THE 1/12/83: (PART HEARD) (APPEARANCES AS B.EFORE) PROSECUTOR: Your Worship at the last hearing I indicated to you that I might call further witnesses, I do not intend doing so and I closs the case of the State. - S T A t E :C -A,S E ADV KUNY: Sir we call the accused to give evidence. MARY BERNARD (NCUBE), sworn states: EXAMINED BY ADV KUNY: Sister Bernard, you are employed 30 by the SA Bishop's Conference? --- Yes, I am.

21 18 Accused As a field worker? Yes. Where do you work and what is the nature of the? work that you d o? ---My base is at Canya House in Pretoria and my field work is on a national level with the sisters in Southern Africa. For how long have you been in the Church? ---In the Church? As a nun or.. Yes, just describe to His Worship your background in the Church? --- Well I have been 25 years as a nun teaching in the Catholic Schools and for the 10 last three years I have been working as a national worker as a field worker with the Bishop's Conference. And what precisely do you do as a field worker? --- As a field worker my main task I used to do a lot of analvsis of the situation of South Africa and then impart that to the sisters with whom I work with. Do you travel much?--- I do. Do you make the use of resource material?---1 do. What sort of materials would you make use of? ---The sort of materials that I use is somehow to 20 booster my knowledge especially in the. situation, and to know the South African situation. And where do you get your materials from? --- From all sorts of resource material centres. Now where do you live? --- I live in Kagiso 1. It ic a convent. Who else lives in that Convent? --- We are three - there are three other sisters, my companions.

22 n o 0 r-.' 3 19 U v -- Accused Now in the place where you live, do you have a room of your own? ---Yes, I do have my room. And is there a communal area which serves all of you? --- The rest of the house outside our bedrooms is communal rooms. Where do you keep y.our papers and material?---i keep some of them in my room, and then some of them in our communial rooms. On the 4th of March of this year, your Convent was visited by -..members of the Security police? Yes. Can you recall at what time of the day or night they came there first? --- It was the early hours of the morning, between 3 and 4 and they knocked at the door, I walked out because my room is just adjacent to. the front door and opened the top window to find out who were there, people knocked downstairs, and when I opened the window I asked them to identify themselves, and one of them said they are policemen. So from there I simply said "No we can't open the door at this hour of the morning" 20 so I just closed the window and went back to bed. Did you know whether they were ordinary police or security police or what they were there for? --- I did not go further as to ask who they are, what they were doing and with who they were, I simply said well we could not oper. the dccr at that hour of the night. Yes, and later that morning, did they again knock and did you open for them? --- Yes, later that morning about 6 they knocked, they started again, I walked out and went to ther-bathroom, washed myself and then 1 got dressed 30 as I was preparing myself to get to Canya House from my /work...

23 20 Q A work and went downstairs and opened the door and in cane three men and one woman. Now a search then took place? --- Yes, at that time I did not even know their names, so Col. Mostert said I should identify myself, I said I am Sister Mary Bernard-, the exclamation came "This is the woman we had been looking for quite a long time" and Who said that? --- Kol. Mostert. Yes --- Whom I did not know the name of at that time, he said that he had a search warrant, so I said 10 "Well if you have a search warrant then you have to do your work, do it as you can, so he, and the lady they had brought with them said she wanted to do a body search if I had a private place to go to. so I said I have got my room upstairs so we went upstairs she asked me to undress and I undressed until everything - in fact I was naked so I stood before her naked, and then from there she said I should undress and 'then we went out of my room and then we got into the communial room, where the three other men were waiting for her, so they started searching the house. 20 Well she conducted her search and they conducted their s? ---Yes. And in searching they found certain documents and books, and these were removed? --- These were removed. Now where were they taken from. ---They were taken fvoai a radio and in fact Col. Mostert hiinsei.1., because when they searched that room, the younger policeman was doing the search, and I was within my room, and when I came out of my room he said to me "You are running into trouble here Sister Bernard" and then I did not 3C answer him and I said "Well I do not know what you are /talking...

24 ^ ^ r~ ^ ^ 2 i 0 U o-3 Accused Calking about" And did you see that various documents and books were removed? --- Yes then the other - the younger police kept on bringing the books to him and he was showing me the booiks and writing, and then the only thing I said he should write the. list for me if he is going to take anything whatever. And that was done? ---And that was done. And this was all material removed from this radio? --- Yes. 10 Was it your material? --- Well the material were mine becuase of my work,, I said that even in my statement. You kept some of your material in this radio? yes. Now you subsequently went tn the police station where you made a statement? - Yes An oral statement, --- An oral statement at the same time I did not know that it was a statement because I asked them to - that I cannot give a statement because 20 before I saw my lawyer, that is what I said. But in any event to Col. Saunders you admitted that various documents which had been removed were your property? --- that is right. That is correct. And arousing out of that search and removal you have hppn c'nsropd with possession of two documents in particular - the one is the document which is perhaps you can get the original - I have a copy Your Worship? Can we have the original? It is EXH 1, "LET US RISE TO THE OCCASION"? ---That is correct. 30 Do you admit that that was found; amongst your /papers...

25 22 q 0 0 " ^ Accused papers? --- That is right. Did you recognise it when you saw it that day/ --- Well he simply showed these things to me as he was writing them in that book but I knew I had this document for as early as '81 and '80 something like that '81? --- Yes.. Do you remember where and how you came into possession of that document? --- If my mind is still quite clear about it, I received it from the post at London Post somewhere. 10 How was it received in an envelope? --- In an envelope, it was wrapped in an envelope. Was it received in this form or in some other form? ---No, it is just this form. Just like that? --- Yes * Was there any covering letter with it? --- No, nothing. And at the time you received it, did you know who had sent it to you.?--- no. Did you read it? --- I read it. 20 And that would have been what y e a r? ---As I have saic between '80 and '81. And having read it what did you do with it? --- I just read it - I just packed it with some of my books in that part of the radio You packed it away? --- Yes, I just put it in there. After having done that did you ever take it out again and read it again or look at it again? --- No, I have not I have never in fact read it again that is for sure. Did you remember that you had had it? --- It slipped my mind that there was such a document.

26 ^ r- : Do you remember seeing ic agin at any time between the time that you originally received it and the time that it was taken out of this cabinet on the 4th of March --- X do not really recall seeing it quite often because I would not see it quite often even then because I just put some of my things there and there is a need I go up for it or something like that, but I do not recall reading it twice. BY THE COURT: But you are using the words "quite often" the question was did you see it again, after you 10 packed it away until it was found? --- I mean the shelf I used I do put Books and then sometimes draw them out and then just put them again. ADV KUN'Y: Now this particular document, did you see this particular document again from the time that you had read it and put it on the shelf amongst your papers until the time it was found on the 4th of March --- Seeing it in particular is a different thing, when you have got all lots of books there, just pulling it and taking what you want and putting them back. 20 BY THE COURT: Are you then saying that you cannot recall having seen it? --- After my reading it? Y e s? ---No. I do not understand your reply? --- My reply is just that I did not have anything special to remember a hour it as a document that I could have said 1 have seen it. Can't you recall having seen it again/ During this period? --- I might have seen it you know The question is can you recall having seen it, can 30 you remember having seen it again? --- I am trying to say /there...

27 r. ^ ^ 0 f. i"i /< C* Vw'* ' -*^ 24 Accused there were other documents packed with it and I normally get there to find somethings. ADV KUNY: Now do you know a publication by the name of Sechaba? --- I do not know about that. Had you ever possessed such a publication? ---No Received such a publication --- I haven't Have you ever read such a publication? ---No. Do you know whether this document EXH 1 comes from a publication called Sechaba? --- No, that I did not know. 10 Was there anything on this document itself to indicate where it came from or whether it came from any publication? --- No I did - I was not even aware that it comes from any publication. Do you know whether this document has ever been banned or prohibited in Law? --- No, I did not know that it was. Now the other publication with which you are charged, is a publication called "TOTAL WAR IN SOUTH AFRICA" ---yes. 20 And several copies of this were found amongst your papers? --- Yes. Where and when did you come into possession of it? --- That must have been in '82 October somewhere there. work shnn. i Yes, how and where? --- It was issued at the BY THE COURT: You must have received these copies during October 19? --- '82 I mean. ADV KUNY: You say at a workshop? --- yes. Where was this Workshop? --- This workshop must 30 have been in Campus I think

28 p n n ^ ( Accused Which campus? --- Wits campus. Sanitor House What sort of workshop was it? --- It was just a workshop for a lot of - work was done on militarization and detainess committee or something like that. And how did you come to receive copies of this publication? --- These copies were just lying there and free for all to take. Were there many available? --- Yes. And were people taking them freely? ---. Yes. Now you took 7 copies of it? --- Yes, I did. 10 Why did you take seven copies? --- I just as first for my resourse material you know and for my work as well and maybe in changing also maybe if possible wherever it will be needed to give some sisters to read. Now did you know what the content of this publication was? --- I did not reaa tnrougn even the bocks I had a summary paper attached to it. BY THE COURT: I beg your pardon? --- I did not read through the publication itself, Not at all? --- Not at all. But there is a brief 20 summary for it, a historical summary for - of dates and so forth. ADV KUNY: How did there come to be a summary? How did the summary come about, who did the summary and where was the summary? --- The summary was also on a piece of sheet papers. Was it for the purpose of the seminar? --- Yes for the purpose of the seminar. And did you take copies of that summary as well ---yes, I have a copy of that. 30 And having taken seven copies of this publication /what...

29 what did you do with it? --- I just put them together just in the shelf with the rest of my other resource books. Did you ever thereafter take it out and read it? --- N o, n o. Did you ever distribute it or show it to anyone e l s e? ---No. Did you ever make use of it for the purpose of your work? --- Well some dates of the summary I did in doing some analysis. So you used the summary but not the publications of it -. No not the publications of the summary. Now it appears that this publication was declared a prohibited publication, on the 10th of december 1982 in terms of the Publications Act. Were you aware of this fact --- No, I was net. When did you first become aware of the prohibition --- Well when surely I was told by Kol. Mostert then at the time when he was taking that. On the 4th of March? --- Yes. 20 Prior to that had you any knowledge of its prohibition? --- No. I did not. Do you get Government Gazettes? --- No I do not. Do you ever study lists of banned publications? ---No. Do you know a book, a publication by the name of Jacobsons which contains details up to date information about prohibited publications? --- No, I do not. Have you ever seen it? --- No I have never seen it. Have you ever heard of it? --- No I have never. 30 Now I would just like to come back to this publication /pamphlet...

30 27 ' Accused pamphlet or document.- EXH 1. Perhaps you could tell His Worship, more explicitely about your knowledge of it. You say that you received it in about 1980 or 1981? ---Yes. You read it? ---Yes Did you see that it- was a speech described as the Congress. President 0 R Tembo on the occasion of January 8th 1968 anniversary of the African national Congress in South Africa? --- Yes, I did. Now when you had at the time when you read it, 10 did you know any reason why you should not be in possession of it or read it? --- Yes, I was not quite clear, I mean there wasn't in my mind anything wrong about reading it and so forth. Yes, and once you had put it on your shelf, did you ever have any occasion to refer to it again or use it or read it again? --- No. Do you receive in the post many documents and publications? --- I do. In connection with your work? --- Yes. 20 And what do you do with most of the material that you receive? --- I do read them. And then? --- Some are useful, some were some were pictures, you cannot use all the materials but do get ourselves to them, some read... Do you keep it? ---Yes, I do keep soine of them and some I do not. Yes a couple of other points Sister Bernard, between the time that the police knocked at the door and the time that it was eventually opened for them, would 30 you have had an opportunity if you had so wished to have destroyed or..

31 p n 'c: Accused cr got rid of any prohibitive material in your possession? --- I did not, commit that I had anything that would be or anything wrong. Now would you have had the opportunity if you had so wished to destroy it? In the time that it took between the time that they knocked and the time that the door was opened? --- If I had an opportunity I would have destroyed? Yes, wouldn't there have been that opportunity available to you if you had so wished? --- Yes, if there was 10 anything to destroy I would have destroyed it, but I did m not think of anything that was.. Yes, AND in the course of your work and the references that you make to the resource material, do you make reference to various different documents of a political nature? --- Yes, I do. Is this in any way part of the work that you do --- Yes, that is my work. In what way does it assist you in your work? --- It assists me because it has to give me a kind of facts 20 about the South African situation. And do you refer to different sources of these papers? --- Yes, I do. NO FURTHER QUESTIONS CROSS-EXAMINATION BY PROSECUTOR: Now when did you start this field work as you referred to / --- '81. When in '81? --- That is in September I should say it should be there. And before that you were just an ordinary teacher? --- I used to do quite of youthwork. Containing what? --- Containing YCW work and so 30 forth. Youn Christian Workers. /Nc..

32 29 Accused No political connotation to it7 The youth work that you did before you started doing this fieldwork? --- It does - it has. In what way? --- It also deals with a situation. Now for what period of time then have you been involved in research work a b o u t the situation in South Africa? --- For a period of tine it is not so much a period of time, because it is my homework as a nun that I should know what South Africa is all about so as to shed the light of the Gospel on my pastoral work. Now you referred to that you did research in about the situation in South Africa, did I understand you correctly? --- Yes. Now what situations in South Africa? --- The situation of what is happening in South Africa. inere here is lots of things happening0 ---Vos Is it in the economical field or the clerical field or in the political field? --- When you are doing an analysis, if you understand the word 'analysis' I do understand that yes? --- It means political, economical,relgious and also social So you did an analysis inter alia of the political situation in South Africa? --- It is not just polit ical Amongst others? Inter alia? --- Yes. Mcv: political situation a bread ccnccpt cr did you narrow your field to any specific concept? --- If you do analysis you are not even limited only to the South African situation, you have to go as wide as far as the wide World - the international World as well. That is not the answer to the question. --- /Politically..

33 30 n. ^.. Accused. i v.. Politically if you want me to say politically, I find it very very difficult just to say politically because I am dealing with a whole man kind of a thing, what affects a person, therefore it affects him politically, it affects him economically, it affects him socially and it affects him religiously. Have you finished? --- Yes. Do you mind answering my question please? --- I do not know what you are trying to get to Must I repeat my question? --- Yes, please. 10 You have conceded that you amongst others did an analysis of a political situation of South Africa? ---. Yes Then I asked you whether that analysis was about the political situation in the broad sense or whether you narrowed your tield to any specific concept?---it is a broad sense. Including how the political situation in South Africa affects the blacks and ct'ner racial groups? --- Exactly. 20 And tried to establish whether there should not be made some changes to it - whether the situation should not be changed? --- Yes, according to Christian values. Wasn't that the prime object of your research and analysis? --- That was my prime object. of You concent re ted on the tsphere/pol i t ical situation? ---If I concentrated on that and that is my work as a nun not only even as a research worker. In your research you must have learnt that many publications referring to the political change in South 30 Africa on this aspoct was banned? --- The word'banned' /depends...

34 Jl :j x.'- Accused depends really what you understand by it. Prohibited,'the position of it, or the publication of distribution of it, you came across that in your research not so? --- I have never actually set banned - some banned book and leave it on that things are banned. BY THE COURT: Have you ever heard of it that the possession of certain publications are prohibited? --- Hearing about it and actually knowing about it Did you hear of it? --- I did hear in a vaigue way. 10 I do not know what you mean by hearing of it in a 'vaigue way can you explain that to me please? --- not knowing exactly what it is all about and what is actually being done about it, and what is being banned. CROSS-EXAMINATION (CONT) Now I want to try and elicit frcm you that you in fact knew what publications were banned and what were not banned? ---I didn't but you have heard that some publications, the name of the publications, that - but publications have been banned? Referring or relating to the political 20 situations in South Africa? --- Vaiguely What do you mean by vaiguely? --- Just not having the full information about it. Can you explain yourself please? --- Well seeing - I might know the word 'banned' that some publications are banned, but I might not even Assimu! are that sense publications are banned but you might not even assimulate what that is all about. Do you mean by that that you did not even establish what the name of the publication was? --- It could have 30 been that but I did not just know that - what it was. /What..