C (G.1187 contd.) 25. P.P.D. Nokwe (Accd. 56) :

Transcription

1 (G.1187 contd.) 25. P.P.D. Nokwe (Accd. 56) : 26. P.P. Nthithe (Accd, 57) : 27. A. E. Patel (Accd. 58) 28. Dr. R. Press. (Accd.60) 29. R. Resha (Accd. 63) 30. B. Seitchiro (Accd.64) 31. N. Sejake (Accd. 65) 32. S. Shall (Accd. 67) 33. W.M. Sisulu (Accd. 70) 34. R. Slovo (Accd. 73) 35. H. Thsa"balala (Accd. 77) 36. D.C. Thompson (Accd.78) 37. Sonia Bunting (Accd. 79) 38. Fred Carneson (Accd.81) 39. Lionel Forman (Accd.83) 40. Alex La Guma (Accd. 85) 41. G. Peake (Accd. 93) 42. Ben Turok (Accd. 97) 43. L. Kepe (Accd. 106) 44. Z.K. Matthews (Accd.109) 45. W. Mati (Accd. 110) Mayddso (Accd. 113) TT.91, 94, 95, 98, 99, 100, 101, PDN.129, TT.5, 6, A.44, TT.12, PPN.24, JJM.2, ZKM. 44, WSG.21, 24, 20. A.53. AM.71,(4). DOT.179, B.47, NTN.20 (B) ZKM.55. C , LLM(l), A.146(3), A,144, PLN.102, JM.126, 0.418, A.175, A.169 RR.79, TET.16, ZKM.57(h). TST.14, 125, 126, 112, 58(4), 113. ST.5, IM. 6. c. 710, 709 E. 281, MM.139, (3 signatures) A.93, A.220, C.399, 401, S.340, 355, JJ.2, ZKM.20, VM.12, TET.73, 88, ORT.127, C.209. D. 531, RR.40, NA.152, 153, 154. HT.8, (8 signatures) HT.l , 475, 478, D.58, E.159, (2 signatures) E.478, 479. E.35(A)(5 signatures) E,76, (2 signatures) E.334, 343. E.84, TT.92. AJL.35. ALG.7, 9, 39, NIC.87(Page 11) ALG.10. A.152, 0.82, 154, 201, 460, 542, MM.85, AJL.5, TET.39(7) TET.39(8) DM.20 ZKM.61, TT.106. A.185, ZKM.23, NIC.37. VM.6(1), VM.6(2) A.156, VM.5, TET.83, NA.150.

2 V. Mini (Accd. 114) A.57, MM.92, TT W. Mkwayi (Accd. 117) DP.11, TT.103, NA T. Mqota (Accd. 118) VM.15, TAM.2, TT T. Tshume (Accd.123) ZKM.61, PDN.142, PMM.7, IK.12, TT.38, 44, 54, IK.7, WG.15, DP.4, TT.107, T,E. Tshunungwa (Accd. A.184, 281 (2 signatures), 289, 124) NIC.17, NRM.23, ORT.88, 90, 91, RR.58, RR.59, 5JM.8, CJ.3, TET W.Z. Conco (Accd.127) A.277, 269, ZKM.46, ORT Z, Dhlamini (Accd. 128) SDN G. Hurbans (Accd.131) NTN.27, GH.46, NTN.35 (8 signatures) 55. I.C. MEER (Accd.134) C.543, NTN.35 (4 signatures) 56. K. Moonsamy (Accd.137) NIC.109, NTN.35 (6 signatures) 57. M.M. Motala (Accd. 138) NTN.35 (6 signatures) 58. Dr. G.M. Naicker GMN.20 (-age 16) NTN.35 (7) (Accd. 139) C.514, NTN M.P. Naicker (Accd.140) PJM.23, DAS.35, SD(N).64, NIC.49, 43, 0.518, NIC.44, C.585, E.132, RP.104, TET.80, NTN.35(2), NA.156, 60. N.T. NAICKER (Accd.141) NIC.128, GH.37, NTN.29, GH.35, NTN.35(11) 61. B. NAIR (Accd.142) BN.10, DAS.34, E.131, NTN.35(2) 62. D.A. SEEDAT 9Accd.l46) E.48, 88, 117, C.426, E.292. DAS.3, E.344, 332, NTN.35(3) 63. P.H. Simelane (Accd.l50)SS.l6(N), A.25, 26(2), 24(2), A.124, PPDN.152, ORT.75, 76, PHS M.B. Yengwa (Accd.151) SD(N) 63, E.128, WC.10,AJL Dr. A.E. letele (Accd. A ) BY THE COURT; The admissions are now on record. I take it that the Defence confirm the statement "by the Prosecutor? BY MR. COAKBR: Yes, that is correct, Your Worship. BY THE COURT; And you don't propose reading out these admissions; can you indicate roughly what the effect, the nature of the admissions are?

3 BY THE P.P.; The effect of the admissions is that there were certain documents handed in as exhibits, signed byvarious persons, and this list is an admission that those documents mentioned on the list have "been signed "by the Accused opposite whose names these exhibit numbers appear. Now, on the 26th June, 1957, Det. Sgt. Von Papendorf handed in documents which were then numbered E.533, to E.625. Some of these numbers were duplicated they were all duplicated; they should now read E.550 to E It appears on page 5168 to 5190, Volume 26 of the record. He read from document E.533, which is now Exh. 550, i.e. on page 5169 to page 5178 volume 26 of the record. He also read from E.547, which is now E.564, pages 5178 to 5190, Vol. 26 of the record. CHARLES MEYER SCHOOMBIE, duly sworn. EXAMINED BY P.P.; Are you a detective sergeant, S.A.Police, stationed at East London? That is correct. On 30th May, 1957, and 1st June, 1957, did you attend the annual Provincial Conference of the African National Congress which was held in St. Andrews Hall, Queenstown? That is correct. And were you present at the proceedings? I was. Were certain persons there elected to the provincial executive of the African National Congress? That is correct. And did you make notes of the elections? I did. Have you got the notes with you? I have. Who wore the persons elected? Rev, W.3. G-awe was elected president, and the following members were elected: Z.K. Mathews, Calata, Mayikeso, Manyube, Mfaxa, Jack Tshunungwa, Mtati, Mashibini, and Tshume. (No further questions)

4 (NO CROSS-EXAMINATION): NELSON MABUMS, duly sworn, EXAMINED BY P.P.; Are you a detective sergeant> S.A.Police, stationed at Queenstown? I am. How long have you "been stationed at Que ens town? Since Did you attend the African National Congress provincial Conference held at Queenstown 31st May, 1957, to 1st June, 1957? I did. And were you present when the executive members were elected? I was present. Did you make notes of the members? I did. Have you got the notes? No, I haven't got them here, Do you know W.S. Gawe? I know him. Do you know whether or not he was one of the original Accused? Yes, he was. (No. 103.) Do you know Z.K. Mathews? BY MR. COAKER; I think before my learned friend puts thes3 questions, Your Worship, he ought to ask the witness whether any of these persons were present at the time of the election, and whether the witness saw them there. BY THE COURT; Yes, I think that ought to be done, whether he is able to identify the persons who have been mentioned. EXAMINATION BY P.P. CONTD.; Now, were any of these persons there? They were elected in their absence. Do you know Z.K. Mathews? I know him. Can you identify him? Yes. Please do so. Step down and take the first row and go right up to each Accused until you get to your person?

5 (Witness leaves "box and identifies Accused No, 109.) Do you know the person Calata that was elected? Yes. Do you know whether or not he was one of the Accused? He was. (No. 100) Do you know Mfaxa? I do, I know him. Can you identify him? Yes, I can. Do you know whether or not he was one of the original Accused? Yes, he was. Do you know Tshunungwa? I do. Can you identify him? Yes. Please do so? (Witness leaves box and identifies Accused No. 124.) Do you know a person "by the name of Mashabini? I know him. Do you know whether he was one of the Accused originally? He was. (No. 107) Do you know Tshume? I know him. Can you identify him? Yes. Please do so? (Witness leaves box and identifies Accused No. 123). How do you know that these were the persons that were elected at that Conference? Their names were called. How do you know that their names were called, that the names called referred to these people BY THE COURT: Can you say that they referred to these people that you pointed out here? Yes, they referred to them, because I know them. In what connection do you know them? In connection with the African National Congress. knowledge. Are they all connected with the A.N.C.? T 0 my

6 (No further questions) NO CROSS-EXAMINATION: NATHANIEL SIGONI, duly sworn, EXAMINED BY P.P.: Are you a detective sergeant, S.A,Police, stationed at Port Elizabeth? That is correct. And on 27th November, 1954, did you attend a meeting of the African National Congress held in the T.C. White Hall, New Brighton, Port Elizabeth? Yes. And did you make notes at that meeting? Yes. And are these the notes that you made at that meeting? That's correct. I see attached to those notes there is a little sticker? Correct. What is that? African National Congress, inkululeko ngelethu ixesha tokoloho mehleng ea rona, Freedom in our lifetime. Where does that come from? I bought it at the meeting. Were there other stickers at the meeting? Yes. How did you manage to get hold of this particular one? It was sold to me. Does it appear in your notes? It appears in my notes. Will you just proceed to tell the Court what happened at that meeting from your notes (Notes, G.1188, Sticker G.1189)? The sticker was sold to me by an unknown native female, and I paid 3d. for it. Will you just tell the Court what happened at that meeting, from your notes? C. Mayekiso acted as the chairman, and before the meeting started W. Mkwayi sold the "New Age" copy dated 27/11/54, and "Fighting Talk.',' to the

7 audience. Can you identify Mayekiso? Yes. And Mkwayi? Yes. Will you please do so? (Witness leaves "box and identifies No. 113 (Mayekiso) and 117 (Mkwayi.) Go on, what happened at the meeting? C. Mayekiso addressed the meeting as follows? "I thought I would make a speech hut the time is short, and this is the general memh.rs meeting and every member should produce membership card on entrance. We must know that we are in the struggle and its armies is progressing well. The Congress of Democrats have also joined the struggle. In our struggle we have succeeded on other points and some have not yet succeeded. We have met a lot of incidents in our struggle. Recently a certain woman would he hurried tomorrow as a result of the assault by police. I then call upon the audience to stand up for 2 minutes as a mark of respect in honour of that late woman. The Government is defending itself by assaulting the Africans. We have sent delegates to attend the regional conference at Veeplaats at 2 o'clock today, and tonight there will be a concert. Tomorrow at 2 p.m. there will be a meeting at Thomas Hall for workers. On the 4/12/54, Saturday, there will be a concert at the T.C. White hall in aid of funds because we are leaving for Durban. 348 will be paid for transport to the annual conference A. N.C. in Durban, and we shall hire the R.M.T. Bus and all that amount will be paid by the whole Cape Province." Who was next? 3.20 p.m. Puyani, the secretary, read minutes of the last meeting. Chairman said " Do you know whether Fuyani was one of the original Accused? Yes, he was. (No. 102). The chairman said in this meeting we were due to elect delegates to to the annual

8 conference and also new office bearers and due to the absence of the members who are delayed at the Regional Conference we could not do so. The minutes were passed as correct and the meeting also agreed not to elect new office bearers under these conditions. A certain unknown native male proposed that detectives should not take notes and the meeting agreed and C. Mayekiso referred to us (detectives) and on answer Native detective Sgt. Sigoni answered to the chairman on pointing out to him that the detectives were in the execu- * tion of their duties. At this stage seeing that there would be disturbance we couldn't take notes. L. Kepe in his support to the meeting Can you identify him? Yes. Please do so? (Witness leaves box and identifies Accused No. 106.) Go on? L. Kepe in his support to the meeting that the detectives should not take notes, he said the police are only allowed to be present and not to take any notes according to the letter from the City Council. The report of the Executive Committee was given Fuyani, secretary of the branch African National Congress. In his report he informed the audience that Dr. Njongwe and Robert Mati have been banned by the Government, and in the meantime they had been replaced by the following members until the next election..." Now, before you go further. When they objected to you taking notes, did you continue taking notes, or did you stop taking notes? After a discussion, I completed the sentences that I was writing, and then I ceased taking notes. And the balance of these notes that you have got here, when did you make them? Immediately after I left the meeting I wrote it down, what I could remember. Will you go on? (1) F. Qiko, Treasurer, (2) D.

9 Fuyani, secretary. He said that as from the 6th June to 31st October, 1954, the branch has been successful in boycott. Treasurer's report was given by chairman in the absence of F. Qiko, who had attended the regional conference, African National Congress, at Veeplaats. Copies of balance sheet were distributed among the members and none were given to the members of the Force. Chairman reported that as from the last general meeting the income has been , including subscriptions, monthly levies, freedom tickets and donations and the expenditure was also given and in the expenditure an amount of 100 was paid to Sam Khan who defended the case of Mayekiso. A certain amount was being to Noach, an attorney, Rev. Tshume and Dr. Njongwe, and the balance was now 34 and some shillings. He appealed to the members to pay their defence funds, as it was decided in the last general meeting a man was to pay 1, a woman 10/-, and girls 5/-. He further informed the members that the Committee had decided to send certain members carrying blue cards to go from door and collecting that money and the amount could be paid even weekly. He also suggested that M. Plan was good in this case. After discussion the report was passed as correct. On the following item 10 delegates were elected to attend the annual conference in Durban on the 16th-19th Deo-mbcr, 1954; (1) C. Mayekiso, (2) F.Qiko, (3) F. Ntsangani, (4) D. Fuyani, (5) F. Matomela, (6) J.Mjo, (7) T, Magotia, (8) Mini, (9) W. Mkwayi, (10) T. Tshume. After the election of delegates the chairman appealed to the members to make all efforts to raise funds so that these delegates should be sent and informed the meeting that the expense for each delegate would be 7/6 per day. The delegates attending this conference should be prepared to face hot discussions because at this conference a new

10 Constitution was to "be drafted. W. Mkwayi proposed that in order to meet this request, all members attending the Trades Union meeting on the 2/12/54, should bring their five shillings and pay them to the secretary and this was accepted. The chairman announced that a concert in order to raise runds will be held at T.G, White Hall on 4/12/54 at 2 p.m. The meeting was closed at 6 p.m. with singing the African National Congress anthem Nkosi Sikelele Afrika." Now, the person that you have mentioned there, F. Ntsangani, do you know whether he was one of the original Accused? He is one. Do you know him? Yes. (No. 121) Do you know Mqota? I do. (No. 118) Do you know Mini? Yes. (No. 114) Do you know Tshume? Yes. (No. 123) Will you please identify those persons? (Witness leaves box and identifies Accused.) BY MR. COAKER; I am prepared to concede, Sir, that the witness knows those persons. EXAMINATION BY P.P. CCNTD.s Now, the person Florence Matomela, was she one of the original Accused? Yes, (No. Ill) (Notes and sticker handed in.) FURTHER EXAMINATION BY P.P.: On 2.ith April, 1955, did you attend a meeting of the Congress of the People in the Rendezvous Hall, Korsten, Port Elizabeth? Yes. Now, were you allowed to enter the hall? No, What did you then do? I went and sat in a storeroom adjoining the hall. Could you see what was going? Through a small window I could see a small part of the audience,,

11 Did you make notes of what you heard? Yes. Are these the notes (handed to witness)? Correct. Looking at your notes, can you say what happened at this meeting? Yes, Somebody acted as chairman, I could not see who he was, I took down what he said as follows: "We have come to the stage to open the conference. The meeting was opened with singing the humn Lizalise Idinga Lakho and an unknown native male said prayers. In his opening speech he said the matters in this conference should he completed today. I welcome all of you and delegates concerned. Today we are expecting the demands from the people for the New Africa which are to he drawn in the Freedom Charter. Today we are going to elect the Committee of the Congress of the People. of the People. There are 6 members organising the Congress I want you to elect delegates to attend the Congress of the People. We know that our chief in the African National Congress is Luthuli in South Africa. We must live as any nation should. Messrs. Fassie, Mboyi, Mbanga and Sasvana should take their duty. Matikinca said how are these people going to work? Matikinca, Jack> Piyo and Zepe must take their seats at the table. Those who have brought demands of the people must give them to the secretaries, S. Mkhalipi said: "I welcome you all for attending this conference and this conference is under the auspices of the Congress of the People. This Congress of the People conference was formed at Queenstown by the African National Congress, the S.A. Indian Congress, the S.A. Coloured Peoples Organisation and Congress of Democrats. The Congress of the People is to be held on 25th June, In the Congress of the people we shall draw the Freedom Charter. I think we shall all as black people have a right and we must bring Africa back. As from that day, men will

12 "be giving their views. We must get up and see that all workers contribute to the Congress of the People. This situation is led by the African people. We are bound to object the Bantu Education Act. The police van collects the Africans and sends them to gaol, I shall now appeal to all people who are supporters of the Congress of the people. I. S. Mkhalipi demand that the industrials should consider the situation of the Africans. I demand the abolition of apartheid at industrials, the Bantu Authorities Act and the Bantu Education Act. I also demand the abolition of Group Areas Act " I can't read that word. "Finally I demand from the Government to repeal all these Acts, we must have rights. I would like to remind you about " The sentence is not complete. "As soon as our leaders are taken we must take over. I hope that the boycott of schools will achieve good progress. I wish that the Congress of the People will make good use of the future in South Africa." L. Kepe said: "I would like to draw your attention to the fact that if there are informers here should know that my speech is noted down and they must get full details from me before they leave. I want to draw your attention to this fact. What is the Congress of the People? It is an assembly of people who demand freedom. Our delegates are to be chosen by people from farm houses and factories where they can talk over and give their demands. Who is to pay for the delegates expenses. If they all people are willing to get freedom they must pay for travelling expenses for the delegates to the Congress of the People. You must organise meetings and collect money. Now, right away there is no time to be wasted. The Congress of the People is near. Friends, as I have explained to you about Congress of the People, I would like to warn you that you are going to be intimidated

13 and get fear. On the 26th June, the history of South Africa will be recorded. The Conference is a broad one of all nations. The only language that will be used will " I can't read that vvord "..,. is freedom language." "The Kenya people will also rejoice. We shall call upon people to speak of freedom. Let us speak of our brothers who have no lands because they are suffering. Let us speak of dark mines and dirty labourers and long hours. Let us speak of rich masters and demand better wages. Let us speak of freedom. Let us speak of rich food we plough for Europeans. Let us speak of ill-treatment of our children and women. Let us speak of assault by the police and gaols. Let us speak of passes. Lat us speak of trade unions and holidays at work. Let us speak of enlightenment of education and skilled work. Let us speak of Government rights. Let us speak of freedom. We call upon African houseworkers who work for low wages. Let us speak of high prices. Let us speak together, all us us, European, coloureds and indian voters. We must work together. I can assure you that as the sun rises in the east sets west, that delegates whether they travel by train, motor cars or aeroplanes, will come back. Even the Nationalist Government that day will see the writing on the wall. Because that day all organisations will be speaking of freedom." The chairman commented, and said "Why the country was given to people and some should suffer." J. Nkampini said; "I as a Xhosa man I'm not a coward and I demand explanation re S. Mkhalipis speech when he mentioned the industries and what did he mean when he referred to wages and peace among workers?" The chairman replied and said; "Under the European's rule at industries we are suffering. If I could be a minister of labour, I would give people wages according to their families."

14 Further J. Nkampini said: "A clerk in the mines has "better facilities than the labourer in the mines underground." S. Mkalipi further said: "As regards to my speech, the Africans don't get pleasing wages. If we form the New Government we must teach that Government to consider the wages of labourers according to their work irrespective of colour." An unknown native male said: "At farms at Alexandria where I am born our fathers are given food and neglect the children." J. Nkampini said: "During the time of General Smuts, a wage was 1/6 and the Dutch people increased wages. I have been working for Mosenthals for 14 years, but I am not considered as an old worker there," J. Jack said : "The Africans are underpaid and as a result of that they have nc interest in their work." J. Nkampini said: The present Government pays people according to their merits, but the African people are ignored. Our wives report to us to the Native Affairs Department for non-support." The chairman appealred to the Conference to give their views as to how African workers should be paid. Z. Mbelekani said: "We are here speaking of freedom and we must know that we are not the first nation to suffer oppression. We are going to march towards freedom." J. Nkampeni said: "I propose that a married man must be paid 2 a day in the next Government, and he was seconded by Matikinca. Comment by chairman. Europeans are underpaying the 11 I can't make out that word. Unknown, said "The Dutch people want South Africans to beg them every day. 5 is enough per day for an African worker, irrespective of married or not." Mrs. Mandleni said: "The women start work from 6 a.m. and they are underpaid, whereas men start later and get overtime." At 1.45 p.m. interval for lunch. Continued at 2.15 p.m. An unknown native male said: "We are slaves because we have places to

15 stay and lov wages. Every worker must get good wages. Dr. Malan's Government is "busy putting Africans in gaol. I don't want to quote from the Bible, because through the Bible we became slaves." The Chairman asked from the audience to give advice as to how female workers could be protected. "Koyo proposed that there should be an interpreter because there are coloured people who don't understand Xhosa. An Unknown native male said: In the farms African labourers are paid 10/- per month and he demands that the farm labourers should be paid 10 per month. Koyo said "I support Mrs. Mandleni's speech. It is the duty of everybody to speak to his friend about freedom. It lies on the women to fight for their rights." Idah Mnono said: "I propose that men must get 1 per day a woman worker must have 25 per month." S. Mkhalipi said: "This conference has been called to make preparations for our next Government. We are under the Government that introduces apartheid. During this morning at l,a.m. the police under Mr, Swart came to..." I can't make out that word "...to make next door. On the 6th April Europeans came to this country. The police do as they like under the Criminal Amendments Act. The Congress of the People combines Europeans, Coloureds, Chinese, Indians and Africans. If we had good Government, we.would demand 2 or 1,10.) per day for all workers. The Congress of the People is the solution for all complaints. We must demand the rights for all people and put that in the Freedom Charter on 25th-26th June, The next Government in New Africa have to consider the economic. The president of this conference is myself, but I have somebody acting on my behalf. ' There is no Jesus who will come down from Heaven to release us." J. Jack said: "Mr. Chairman, Ladies and Gentlemen: I have a great honour tohonour the freedom volunteers in the

16 Congress of the People's Conference. The freedom volunteers are there for liberation of the nation as the whole work lies on them. South Africa is a fascist country. The Nationalist Government have introduced apartheid policy is now going out of the way by convering the country. The more effective attempt is to resist the apartheid, The Congress of the People is the weapon to fight all this, and it is going to be a great assembly of all various groups in the Union. The aims of the Congress of the People is to draw Freedom Charter. The previous speakers have given the significance of the Congress of the People. In success of the Congress of the People is to have Freedom volunteer or Luthuli's volunteers. Our General President has appealed for 50,000 freedom volunteers only. All we need are 50,000 volunteers for the start. These freedom volunteers will demonstrate what took place in 1952 during the defiance campaign. We shall all remember that glorious campaign of defying unjust laws when I speak of volunteers I recall the words uttered by Chief Luthuli when he said that there shall be no turning back until freedom is achieved. The spirit of sacrifice was shown during the defiance and with this spirit people will come forward and volunteer without expecting payment. All of us we must speak together, Africans and Europeans, Coloureds and Indians and all people of South Africa in town and country must speak together of freedom. The voice of the people must be heard. In conclusion let me say to delegates present that the Congress of the people does not depend 011 members of the A.N.C. Let all those who are interested in freedom to have the voice heard. We are marching together towards freedom." The Chairman said: "Anyone who has questions have a chance now. Are we all here freedom volunteers?". J. Maili appealed to the chairman to let all

17 freedom volunteers lift their hands up. An unknown native male demand a clear explanation between defiance campaign from freedom volunteers. The chairman asked J, Jack to give explanation and Jack said: "You will all remember that the first volunteers were of the defiance campaign, and now we have taken the second stage, and we must have freedom volunteers who are going to go to places preaching about the freedom. An unknown native male said; "I am standing to demand our country back and if that fails I want to die for it," The chairman called upon the Committee of the Congress of the People to give a report. This is the report the jam factory delegates are four, 2 delegates from the ratepayers association, 2 from Hankey. New Brighton jam factory are 2 and there are 13 delegates present here. Chairman; The next item on the programme will be election of committee and members must not forget the women in the election. B. Ndimba was elected as a chairman of the Congress of the People Committee. Koyo declined to accept the nomination. J. Sigwana vice chairman, I. Mathibela declined to stand nomination. J. Jack secretary, Matikinca vice secretary. Pazzi said: "What are we going to do now so as to have all organisations to have members in the Committee?" Committee members, Pazzi, Sawana, Sikoli, Mlungwana, Koyo, Ndimba. Chairman then appealed for donations to meet the hall expense which is d. The chairman announced that on the 25th April 1955 the volunteers meeting will be held at Bantu Methodist Church at 7 p.91. Election of delegates to the Congress of the People and this conference may be held in Port Elizabeth. An unknown native male proposed that each organisation must elect delegates to attend the Congress of the People. P. Ntsangani said: "The Committee must be formed along each street to collect money to provide

18 delegates to the Congress of the People. Each organisation has a right to organise members for the Congress of the People. It should he decided at this Conference as to how many delegates should he sent, and the Committee elected here is there to see to preparations." L. Kepe said: "Who are the people to go to the Congress of the People. Every nation has a right to attend. How will the delegates sent to the Congress of the People. the solution." We must bring our brains together and get F. Ntsangani said: "The National Action Counf cil has given instructions that delegates must be elected by people and collect money for them," J, Mali said: "At the place where I work we have formed a committee and we have decided to collect money," L. Kepe: "It is clear that we can't elect delegates without having people of different places present." The chairman said that the committee should bring forward resolutions. This conference calls upon the African National Congress, the S.A, Indian Congress, the S.A, Coloured Peoples Organisation and Congress of Democrats to prepare for the Congress of the People to be held on 25th and 26th June, This conference gives its full support to the struggle of the Transvaal Africans against the remot ^ val scheme. This Conference opposes the Bantu Education Act and it appeals to the.national Executive Committee to do its best to defeat the Bantu Education Act. This Conference appeals to all nations to withdraw from war and must live in peace. This conference has a hope that the good spirit will exist amongst nations in this country. This Conference calls upon all domestic servants to form their trade union," B. Pendla said that Africans are scared of Dr. Malan whereas Strydom forces us to be united. S. Mkhalipi said: In regard to the committee, I have to say that we have an urgent task to do and we have been having meetings at J. Mathibela's

19 place and now we have no chance of meeting there. On Monday 25/4/55 we shall have the Committee meeting at Sigwana's place at 7 p.m. On the 7th May 1955 " That sentence is incomplete. Under general discussion an unknown native male said: "The U nited Party promises us with more money, lands etc., and if it comes into power will you he satisfied. What kind of Government we want to govern us?" B. Penla said: "We want to he governed hy the people of this country and we are tired of being governed by foreigners. We want our parliament and constitution to be drawn. 6 p.m. meeting closed with singing the national anthem, Nkosi Sikelele Afrika." Do you know the person S. Mkhalipi? Yes. (No, 116) Can you identify him? Yes. L. Keoe? Yes. (No. 106) J. Nkimperii? Yes. (No. 120) J. Jack? Yes. (No. 104) B. Ndr.mba? Yes. (No. 119) P. Ntsangani? Yes. (No. 121,) Are they all Accused in this case? Yes, (Notes handed in G.1190) FURTHER EXAMINATION BY P.P.: On the I8th-19th June, 1955, did you attend a Cape Provincial Conference of the African National Congress held in Rendezvous Hall, Korsten, Port Elizabeth? That's correct. And were you allowed inside the hall? No. And what did you then do? I entered a storeroom which adjoins the hall where the conference was held. And did you take notes of what happened? Yes. And after the conclusion of the Conference, did you write a report? Yes.

20 And did you write the report on your notes? Yes. And what did you do with your notes? I handed the notes in in the office. And where are the notes now? I don't know. Do you know whether or not they are available? I couldn't say. The last I saw of my notes after having drawn my report and handed over the notes to the office, and then I don't know what happened to them. You say you have got your report? Yes. BY THE COURTt Have you tried to find your notes? I have never personally made a check-up in the office to find the notes, "but I do know a check was made. Are you in a position, Mr. Prosecutor, to say that the notes wer^e lost; evidence could probably be led afterwards? BY THE P.P.: I was under the impression that these notes are no longer available, and that is why they were not checked up* that was my information. I thought the witness knew about it, but apparently he does not know about it. EXAMINATION BY P.P. CONTD.: Can you say whether your notes were incorporated in that report of yours? When I drew the report, I took it all what was in my notes and I wrote it down. Do you know when you drew your report? I could not exactly remember, but it was after the Conference was held. I do not knov. whether it was a day after or two days after. Could you say that ycu still remember whether your notes were correct at the time of drawing your report? Yes. Now, looking at your report then, can you say what happened at t'nat meeting? Yes. What happened at this Conference? "The Cape Pro-

21 vincial Conference, African National Congress, was held at the Rendezvous Hall, Highfield Road, Korsten, Port Elizabeth on I8th-19th June, Conference started a.m. on 18/6/55. The Conference was opened with singing the hymn Lizalis Indinga Lakho. The prayers were led by the Rev. Gawe. Did the Rev. Gawe open the Conference? I couldn't make out at the time who actually was there, because I could not see. "An unknown native male who led the prayers, said that we have gathered at this conference during the time when the world was upset through the Bantu Education; it is then the African National Congress has made a call to all people to defend the Education. God created a human being to resemble Him. A human being has a right to fight for his rights on the world and he is not created to dig holes in order to live. The Bantu Education Act it has been explained by Dr. Verwoerd, is aimed at keeping down an African to be a slave forever and not realise that he is oppressed. A slave is somebody who cannot use his mentality and claim his right because he does not know his house. We as Xhosa tribe we take such a person to be a ghost. Why our forefathers fought for this country it is because they did not want to lose their inheritance and chieftainship, and therefore the education is the honour to any nation. At this stage a native minister introduced as Rev. Pikolo led the prayers, and in his prayers he said that the African National Congress has been in the struggle for freedom for the last three years. At a.m. the African National Congress National Antham Nkosi Sikelele Afrika was sung. Afrikai three times was shouted. At this stage it was announced that there were sone delegates who needed an interpreter for Xhosa, Sesotho and Sschuana. A speaker said; "President, ladies and gentlemen. I have agreed to take over this position of pre-

22 siding over this Conference on your request, because you have reported that your health was not permitting you to preside. I say to all delegates from various places in the Cape Province, we welcome you all. We have a guest present here from other Province and it is our motto to respect the guest, Mr. Resha is a guest from the National Executive Committee African National Congress. Mr. Resha has visited us in the capacity of his official duties and to see how we carry on here. It may happen that I am taken away from you because I don't know what may happen in future. I wish the Congress carries on as it does. As I have acted as the secretary of the Cape Province for quite a number of years before I have been proud of the Cape Province. A leader cannot be selected by men when they have no confidence in him, I was a member of the Bantu Union during 1911 with Dr. Rubusana and others, and I joined at Middledrift, This Conference has started late after 11 a.m. The next item on the programme we shall select people to check on delegates creden tials, 11 < i Before you go further, does this appear in your notes, page 1: "Mr. Tshunungwa proposed that he and Mr. Mayekiso must be in the Credential Committee,"? Yes, Will you just read the next paragraph too? At this stage an unknown reported that the Treasurer of the Cape Province, Dr, Bokwe had not arrived, and therefore in the meantime Messrs. T. Tshunungwa and C. Mayekiso must give a report on their findings in the credential committee." And then leave out the next paragraph, and the next one W, Mkwayi? W. Mkwayi. Did he speak? Yes, he spoke. And did somebody act as interpreter? J, Jack, And then the next paragraph, Professor Mathews? He spoke, yes.

23 And then you come to the nominations of committees, various committees; wi^.1 you read that plsase;? "The following were nominated and second s (1) E. Mfaxa, T. Mqota and Mbengo, and it was also proposed that Mfaxa must he a convener. The ahove were selected. The Financial Committee Dr. Bokwe, Messrs Mashibini and Hlati. Election of Press Committee, T. Tshume and M. Nazo. W. Mkwayi substituted Nazo. Draft Constitution Committee must consist of 5 memb3rs and the Executive Committee decided to have a select committee called Investigating Committee. T. Tshunungwa proposed Messrs J. Jack, Mahomba and F. Ntsangani. F. Ntsangani declined nomination. convener. J. Jack was proposed by Rev. Gawe to be the Investigation Committees J. Jack, Mahomba, Komane, Rev. Pikoli, Mkalipi Conference adjourned " Now, you have mentioned Rev. Gawe, was he one of the original Accused? Yes. (No. 103) You have mentioned Rev. Calata, was he one of the original Accused? Yes. (No. 100.) You have mentioned Tshunungwa, is he one of the Accused? He is one. (No. 124) Mayekiso? Yes. Is he one of the Accused? Yes. (No. 113) You have mentioned Mkwayij is he one of the Accused? Yes. (No. 117.) You have mentioned Jack? Yes. Is he one of the Accused? Yes. (No. 104.) You have mentioned Professor Mathews; is he one of the Accused? Yes. (No. 109). You have mentioned E. Mfaxa, was he one of the original Accused? Yes. (No.115.) You have mentioned T. Mqota, is he one of the Accused? Yes. (No. 118.)

24 You h;,ve mentioned T. Tshume, is he one of the Accused? Yes. (No 123.) You have mentioned Mashibini, was he one of the original Accused? Yes. (No. 107) You have mentioned Mkalipi, is he one of the Accused? Yes. (No, 116.) You hand in your notes? Yes. (Notes handea in G.1191.) (No further questions) CROSS-EXAMIKLD BY MR. BERRANGEI I have one question to put to this witness, in regard to this meeting, perhaps it might be as well if I put it now. Would you lock at page 3 of the typed copy, at the top of the page you'll see there, "Message from Father Huddleston," do you see that? Yes. And then you have mesrage from P.O. Box 81? Yes. Then you have a speech starting "Dear Friends "!i We are so reminded that freedom is inpreventable." Who made that speech? I couldn't remember, I couldn't recognise the voice. Don't your notes show jo\~. who made that speech? No. Anyway, you will agree that one of the speakers there said the following: "After 20 years we see what happens.. e believe that freedom for all people black and white. We will work tog3ther until the Union of South Africa is free, being freed from body and mind,...,." Does that appear in your report? Yes* And that is what you say one of the speakers said? Yes. (No further questions) MR. COAKER: NO QUESTIONS: MR. SLOVO: NO QUESTIONS:

25 NATHANIEL SIGONI, still under oath: FURTHER EXAMINATION BY P.P.: On the 11th September, 1955, did you attend a meeting of the African National Congress Volunteer Board, held at the Rendezvous Hall, Highfield Road, Korsten? That is correct. Were you right inside the meeting? No. Where were you? I was in the store-room adjoining the hall. Could you see the people inside? I could quite easily see a portion of the audience.? Yes. Did you take notes of what transpired at that meeting Reading from your original notes have you those notes in front of you? Yes. Refreshing your memory from your notes, will you say that Fuyani said Now, first of all, who opened the meeting? V. Mkwayi. And then Fuyani said something, will you just read what he said? We are going to read the volunteer's oath, and we shall stand up. W. Mkwayi is the volunteer in chief, Eastern Cape. L. Mnoba secretary. P. Fuyani, T. Tshume and committee V. Mini are the/board members. Our volunteer in chief will soon call us. The Cape Provincial Volunteer in Chief is E. Mfaxa and he is travelling eight weeks. (1) Western Cape, (2) South Western (3) Cape Midlands, (4) Victoria East, (5) North, (6) Eastern Border (7) Transkei and (8) Eastern Cape. Volunteer oath reads as follows: "I believe in fighting until victory is achieved. (2) Apartheid laws be abolished in this country. (3) The voice of all freedom loving people be heard in this country. (4) I, the undersigned, declare that I shall at all times comply with the orders in the struggle. (5) At all times I shall obey the orders of my

26 leaders. I shall at all times observe the instructions given to me by the volunteer in chief,"? Yes. And then did he say something about the constitution Just read that? "The aims of governing volunteers is to teach discipline. (2) It is necessary for the volunteers to do the work by themselves and take part in matters coming in front of them. (3) Volunteers must carry out instructions given to them by leaders. (4) Volunteers must expect criticism from people and they must not show resentment. (5) Volunteers must be an example to the people. (8) Volunteers must be neat in dressing. Volunteers must never be found drunk and when on duty they must be smart. (6) Volunteers must never lose temper, (7) Volunteers must at all times be ready for a call to carry out their duties," Did Mkwayi say anything after that? Yes. And after him did Tshume make a speech? Yes. Do you know these people, W. Mkwayi? Yes. (No.117) Puyani was an Accused? Yes. (No. 102). T. Tshume, you know him? Yes. (No. 123.) V. Mini? Yes. (No. 114). E. Mfaxa, was he an Accused? Yes. (115.) (Notes handed in G.1192.) Now, do you know J.G. Mathews? Yes. Do you know where he stays, whether Mathews at any time stayed in Port Elizabeth? Yes. Now, can you give me the addresses that he stayed at, and more or lsss when? During 1954, he stayed at 31 Mandley Road, New Brighton. And from there he stayed at No. 19, Nqadini Street, New Brighton. Do you know him? Yes. Can you identify him? Yes. (No. 108)

27 Do you know F. Baart? Yes. Do you know whether she was one of the original Accused? Yes. Do you know whether or not she was active in any of these organisations? She had addressed various meetings in Port Elizabeth. (No. 99). Do you know Florence Matomela? Yes. Do you know whether or not she was one of the original Accused? Yes. ( 1N0. Ill) Do you know whether or not she was active in any of these organisations? Yes, she addressed various meetings in Port Elizabeth. What kind of meetings? African National Congress meetings. Do you know Yanga? Yes. Do you know whether or not he was one of the original Accused? He was. Do you know whether he was active in any of these organisations? He also addressed various African National Congress meetings. (No. 125.) (No further questions) NO CROSS-EXAMINATION: LEAVE GRANTED TO ACCUSED No. 71:EXCUSED PROM PROCEEDINGS: LEAVE GRANTED FOR PROCEEDINGS TO CONTINUE: GLADWELL NGCAI, duly sworn. (Interpreter J. Mkuhlane) EXAMINED BY P.P.: You have already given evidence,in this case? Yes. Do you know Piet Makgofe? Yes. Do yoi. know whether or not he was one of the original Accused in this case? He was. Do yoi know whether he took any part in the activities of any of the organisations? Yes.

28 Do you know what organisation? I know him to "be a member of the Transvaal African National Congress, of the Provincial Executive. How do you know that? He was elected at Orlando in the Provincial meeting. When? This meeting was held in Orlando. V/hen? I think in 1956, if I am not mistaken. Do you know any other person by that name who takes any part in the activities of the African National Congress? No. (No. 26.) Do you know a person by the name of Ida Mtwana? I do. Do you know whether or not she takes an active part in the activitiesof any of these organisations? Yes. Do you know in what capacity? She was a President of the Women s League, of the African National Congress. How dc you know that? That was generally announced at meetings. Do you know anybody else by that name who takes part in the activities of the organisation? No. Do you know William Ngwendu? Yes. Do you know whether he was one of the original Accused? Yes. Do you know whether he takes an active part in the activities of the organisations? I just know him as a membar of the African National Congress. Where? In Sophiatown. How dc you know that he is a member of the African National Congress? That was announced at meetings he addressed. Do you know anybody else by that name who takes part in the activities of the African National Congress? No. (No. 53.)

29 Do you know Cleophas Sibande? I do.? He was, Do you know whether he was one of the original Accused Do you know whether he takes part in any of the activities of any of the organisations? I also know him as a member of the Provincial African National Congress Executive, Transvaal. How do you know that? He was elected together with Makgofe, the same year, (No, 69) Do you know whether he is connected with any other organisation? When he addresses meetings, he also speaks about workers, calling upon them to unite. Do you know anybody else by that name who takes part in the activities of the African National Congress or the workers? No. Do you know Robertson Tunzi? Yes. Do you know whether he was one of the original Accused? Yes, he was. Do you know whether he takes any part in the activities of the Congress? I know him to be a member of the African National Congress at Western Native Townships. How do you know that? He addresses meetings. Do you know anybody else by that name who takes part in the activities of the Congress, the African National Congress? No. (No further questions) NO CROSS-EXAMINATION: MR. LIEBENBERG TAKES OYER TOR THE CROY/N: SOLOMON MGUBA3I, duly sworn, CROSS-EXAMINED BY MR. BERRANGE: Mgubasi, you remember last time when I was asking you questions, there were a number of questions that you said

30 you didn't want to answer "because you said that they would affect you in your trial at Kimherley remember? Yes.? Yes. Now, your trial at Kimherley has now been concluded In whose favour? I was convicted. Of what? I was charged for fraud. You were convicted of fraud? Yes, How many counts? On two counts. How much money was involved? (No reply) Let me help you. Don't you know? I have just forgotten now. You have forgotten how much money was involved. Have you forgotten how many years were involved so far as you are concerned? No, I know the sentence. How many years was that? I was given two years to run concurrent with my You were given four years, not two years? That is what I say. You were given four years, of which some portion ran concurrently with other sentences that you were serving? Yes. And do you remember when I was last questioning you, you refused to answer these questions; you were able thereby to get a postponement of your cross-examination until the trial at Kimterley had been finished? Yes. By saying that you might be prejudiced there? Yes. And by saying that the trial at Kimherley was bound up with the treason trial? Yes. So that when you appeared in Kimherley before the judge, you tried to do the same thing, didn't you? What was that? When you appeared in Kimherley before His Lordship, the

31 judge, you tried to do the same thing, you tried to get a postponement of that trial by saying that if they went on with your Kimberley trial you would be prejudiced here, remember? No, the only thing I said is that I was not yet through with the statement which I have made in connection with the case c. Look, these things can be checked so quickly, you know that yourself. Dii you or did you not apply for a postponement when you came before the judge? No, I did not apply for a postponement Did you not say that the evidence in that case was connected wi-;h the treason case? That's what I said. And why did you say that, in order to get a postponement? No, I was telling the judge that he must be aware that the case in Kimberley is already being connected with the case here. That is what you told him.? Yes. And the judge said that he didn't believe a word you said. In fact, his actual words were, in dealing with your application his actual words were "It has no bearing at all on the treason trial," Do ycu remember his saying that? No. You don't? No. All right. Can you remember your telling the judge that you were an unclucated person when you were pleading for mercy? No. You didn't tell him that either? BY THE COURT: Did you plead for mercy? Yes, I did for mercy, but I never said anything. CROSS-EXAMINEHON BY MR. BERRANGE CONTD.: Didn't you say that you are an uneducated African? No. And did the judge not reply to you and say "You are a

32 thoroughly had person"? Pardon? Did the judge not reply and say to you, you are a thoroughly bad person did the judge say that about you? Yes, he said that. Well, let's get it quite clear; do you or do you not regard yourself as being an educated person? I never said anything about education at the trial in Kimberley. Do you or do you not regard yourself as being an educated person? No. No what? I don't regard myself as an educated person* I see. So when you came to Court here on the first occasion, the fourth answer that you gave to the fourth ques tion that was put to you was a deliberate lie, wasn't it? (No reply) Do you want to know what it was would you like to know what it was? Yes. This is the fourth question that was put to you by my learned friend Mr. Liebenberg or rather, by His Worship: "And what qualifications did you attain at Fort Hare? I got my B.A." That was a lie, wasn't it? Yes. That is why I say, in giving evidence here, you lied when the first question was put to you correct? Yes. Did you tell any other lies when you gave evidence?- I had a reason for saying the first question... Did you tell any other lies when you gave evidence, besides that one? (No reply) Why don't you want to answer? No. You didn't tell any other lies? No. Now then, you have told us that you came to give evidence as a result of your having written a letter to a magis trate? Yes.

33 And I take it that what happened after you had written this letter to the magistrate, that is whilst you were awaiting trial in Kimberley, correct? Yes. A police officer, or some member of the Crown came to interview you? Yes. Who was it? I don't know his name, but he was a detective sergeant. From Johannesburg or from Kimberley? I think he is from Kimberley. Did you tell him any lies? No. Did you tell him that you had obtained a B.A. at Fort Hare? Yes. So you did tell him lies then? I told him because I knew that I was at Fort Hare, I'm not interested why you told him lies, I want to know whether you did tell lies. Did you tell this man any lies, this nan who came to interview you? No, Didn't you tell him that you were a graduate with a B.A. from Fort Hare? I said that. Was that a lie or was it true? It was not true simply because I had not completed the studies. It was a lie, was it not? Yes. So you did tell this man some lies? Yes. And when you told His Worship a few seconds ago you didn't tell him any lies, that was another lie? No. Have it your own way. Would you be able to recognise this gentleman again who came to take your statement have a look round the Court and see whether he is sitting in Court; look at the Crown side. Is he sitting in Court? No. Neither of the gentlemen at the Prosecutor's desk? Would you be able to recognise him again? Yes, I can.

34 Have you seen him often since then? Yes, I used to come up with him when I came to Johannesburg. And that is the man to whom you made your statement? Yes. In which you said you were a B.A.? Yes. I wonder whether the wi+ness could he allowed to "be seated to do a little writing, I want to see what his writing is like from the educational point of view, and for other reasons. (Permission granted for witness to sit down at desk). I am going to read out to you some words, which I would like you to write down; have you got a pen? No, Well, take mine. Would you write down "Sir," would you write do vn "trusting" are you quite comfortable there? Yes, Would you write down "further arrangements"; would you write dcm "week"; would you write down "Honourable" with a capital "H'. I think you nay as well write down your name too, write down "Solomon Mgubasi", Would you write all those words down now in pencil, the words that you have written down (pencil handed to witness) slowly, take your time. (Witness hands what he has written to Mr. Berrange and returns to witness box,) I won't hand this in at the present moment, Sir. You are not writing very well today, are you? (No reply) You are not writing very well today? Couldn't you write a bit more neatly? (No reply) (No reply) Can you not write more neatly, more tidily than that? I can. Well, then I wonder whether you would sit down and write this out really neatly, without trying to make any endeavour to make it untidy, in pencil, please? (Witness sits down and writes.)

35 Write it neatly, take your time. His Worship will give you all the time you naed. Write each word on a different line, will you. (Witness hands paper to Mr. Berrange.) Yes, that's better. (Witness returns to "box.) I have a record here of the evidence that you gave last time, I want you to understand that? Yes, I understand. The evidence that was spoken by you and dictated on to this machine which has since then been transcribed, you understand? Yes. Everything that you said? Yes. And you have told us that the only lies you told us on the last occasion was when you said that you were a B. A. no other lies? Yes. Do you remember when you gave evidence on the last occasion you spoke about the riots in Port Elizabeth? Yes. It took place, as we all know, on the 18th October, 1952? Yes. And you remember that you said that on that occasion you defied the unjust laws do you remember saying that?-- Yes. And you said that you rode in a train to New Brighton in order to defy the unjust laws, remember that? Yes. And then you said that you took part in the riots in New Brighton, do you remember saying that? Yes. And you told us what happened at the riots, that shops were stoned and burnt, and that these were European shops, do you remember that? Yes. And you told us that you took part in damaging the bioscope and throwing stones at European shops in New Brightton, remember that? Yes. And you remember that you said that you and Mr. Tshume were the leaders, do you remember that? Yes.

36 And then you went on to say that as a result of this you were arrested and you got sentenced to imprisonment for one month, remember? Yes, In fact, you said the sentence was one month or 2 fine; do you remember that? Yes, And then do you remember saying that after having served your one month you came out of gaol? Yes. And then you continued to live in Port Elizabeth for a little time? Yes. Now, we know, of course, that short sentence prisoners and you know it too, because you should know the gaol regulations by now do not get any remission for good conduct, you know that, don't you? Yes. And particularly prisoners like you who have previous records don't: get any remission for good conduct, do they? They do get remission. Por good conduct? Yes. But not short sentence prisoners? Even short prisoners. Did you or did you not serve a month in Port Elizabeth? I served a month in Port Elizabeth. So then if you were sent to gaol on 18th October, 1952 you never got out of gaol until somewhere round the 18th or 19th of November, 1952 Correct? I am just giving you one month. You were arrested on the 18th, when were you brought to Court, the next day? I don't remember the dates Were you brought to Court the next day after you were arrested? Yes. Then you got your month? Yes. Then you served your month? Yes. So if you got to Court on the 19th then you couldn't have been released at the earliest until the 19th November,

37 that is quite clear, isn't it? I wouldn't he sure of when actually I was released, hut From the 19th October, where would one month take you to? To November. To the 19th November? Yes. I am going to put it to you that the whole of this story of yours is a deliberate fabrication and a concoction do you understand what I mean? Yes. Did you ever meet a man at any place by the name of Matigayuza Dhlamini? No. You have never heard of such a man? No. You have never written any letters on his behalf? I don't remember that name at all. Well, let's say if you had written letters on behalf of a man you would know the man, wouldn't you? I don't know the man. So you couldn't have written any letters on his behalf? No. Because I want to put it to you, Mgubasi, that you were never in Port Elizabeth during October, but in fact you were in gaol at that time in Durban, October 1952? No. And I want to put it to you that whilst you were in gaol in Durban, in October 1952, you wrote a letter on behalf of this man Dhlamini? No. And I want to put it to you that you wrote this letter on his behalf to Advocate Moll? No. Do you know Advocate Moll? Yes. Has he defended you? I wrote to him when I was in Durban but he told me I should contact an attorney. You wrote to him when you were in Durban, and he told you that you should contact an attorney? Yes. That is when you were in Durban gaol? No, that was

38 , not And you say that was in 1953, not 1952? Not And did you write to Mr. Moll on hehalf of this man Dhlamini, also when you were in Durban gaol? I don't remember writing for any person the time when I was in Durban gaol. You have already denied it, haven't you? That is what I say. Was that true? I have never written a letter to... You have never written a letter on behalf of Dhlamini when you were in Durban gaol? No. But you say that you wrote on your own behalf to Mr. Moll, to advocate Moll, when you v/ere in Durban gaol in 1953 and he told you that you should contact an attorney? Yes. I have a letter here, which I am going to hand in to Court, after I have shown it to you, which I am going to suggest is in your handwriting, and that is why I have taken a specimen of your handwriting, which is on gaol notepaper, purporting to come from Matigayuza Dhlamini, No. 6946, his number as a convict, addressed to Advocate E.M. Moll, which says: "Sir, I have the honour to request that I would like to instruct you to appear on my case in the Natal Native High Court. Secondly as the matter is very urgent, I hope you will call at the gaol for further arrangements as soon as you get my post. Kindly treat this matter with your careful consideration. I am yours Honourable, Matigayuza Dhlamini, 6946, Central Gaol, Durban. Reply soon please." Did you ever write such a letter? I don't remember writing a letter for somebody else while I was in Durban. Right. Now then, I am folding over the bottom of this letter, Sir, as I shall show him the whole letter later will you look at this letter as it now is, folded

39 over, and tell me whether it is your handwriting, and whether you wrote it? (handed to witness) Yes, it is written "by me. You are "beginning to remember this now? Yes, (Letter returned to counsel) Do you know this man now, the man you had forgotten? It was not a friend of mine, but when he asked me to write for him, I should have written for him, but I didn't recognise his name. And you say this was in 1953? Yes, because I was transferred from Cradodk in 1953» This was written from the Durban gaol in Now, then, have a look at the date below that letter, in your handwriting what does the date say? Here it is written 28/10/52. Do you say that was a mistake that you made? But if you look at the pen it is not the same pen that wrote this letter, this is not my handwriting. Even the pen differs from the pen that wrote the letter. One was written with indelible and the other was not actually indelible. BY THE COURT: Do you say you wrote with an indelible pencil? Yes. And the date is written also in pencil? Yes, but not indelible pencil. CROSS-EXAMINATION BY MR. BERRANGE CONTD: Yes. So you say then this letter was written in 1953? Now, would you just sit down at this table and write down 28/10/52? (Witness sits down at table and writes.) Have you done so; write it down three or four times, nicely and tidily, as if you were writing to your advocate? (Witness hands paper to Mr. Berrange.) And you want to say that that which you have written

40 now, namely 28/10/52, is not the same handwriting as appears on this letter that I have just shown to you? No, I don't think we need a handwriting expert for this; perhaps the Crown will he prepared to make the admission after it has looked at it. But in any event, that will hecome completely unnecessary, because now I would like you to tell me whether you wrote this letter BY THE P.P.: May I just interrupt, may we have the letter and Exhibit number (Letter numbered Exh. G.1193) BY THE COURT: I should like to have a look at that letter. (Handed to His Worship, together with specimen specimen marked G ) BY MR. BERRANGE: Perhaps I could draw Your Worship's attention, I have deliberately not done so to the witness as yet, to what is i:iscribed on the bottom left-hand corner of that letter G (Letter returned to Mr. Berrange.) CROSS-EXAMINATION BY MR. BERRANGE CONTD,: Did you write the following letter to Mr. Moll: "Sir, I have the honour to instruct you to appear on my charge, trusting as soon as you get my post, you will call for further arrangements. your urgent time. I hope you will tr^at this matter with I am Sir, your Honourable, Solomon Mgubasi Central Gaol, Durban., Please call soon, I shall wait for you early next week, S. Mgubasi." Did you write that letter? I remember writing a letter to Advocate Moll. But you say that was in 1953? Yes. And then there is a date in pencil appearing at the bottom of this letter, I will just show it to you, (marked G.1195) which is 29/10/52 (handed to witness.) Would you say that is not your handwriting? No, the date is not in my handwriting. I see, sc^e sinister person has added it in. Now

41 then, I would like you to look at the other side, of G.1193, that is the letter written hy Dhlamini, and just tell His Worship, what the post office date stamp reads (letter shown to witness and to His Worship.) What does it say? Here it is written 30/10/52. I952? Yes. Do you still say you wrote that letter in 1953? But I know that I was not in Durban in Do you still say that you wrote that letter in 1953? (No reply) Or is this another lie? That is not a lie. How dees this post stamp 30/10/52 appear on this letter that you wrote? But during 1952 I was not in Durban. How dees this post stamp 30/10/52 appear on this letter that you wrote, from gaol? I don't know. That is the Government post stamp, Durban, Now, you know that when you write letters in gaol they have got to be read and passed by the prison authorities? Yes. You know that, you should know it by now. Now then, would you read out to His Worship what is written on the lefthand bottom corner in ink, under the heading, "Read and passed by me, Deur my gelees en gepasseer 0 " Datum - Date, Rank; just tell us what is written in ink there (G.1195)? Dated 28/10/52, How did the warder come to write that on the letter? I don't know. You think he musthave made a mistake? (No reply) Do you think he must have made a mistake? In 1952 I was Do you think he must have made a mistake? I don't know how did this came about. Do you think the post office must have made a mistake

42 when it put the date stamp on the other letter, or is there no answer from you? I wouldn't know. There is a date stamp on G.1195 as well, 30/}.0/52, Durban have a look at the date stamp here on your letter, What does that say? 30/10/52. How did that come there, how many times does that appear, how many date stamps are there that you can see? Three. And they all say 30/10/52? Yes. How did that come about? I wouldn't know. You wouldn't know. (Handed to His Worship) BY THE COURT: Apparently that is all done with one stamp. BY MR. BERRAIIGE: Yes, it is one of these rubber stamps. CROSS-EXAMINATION 3Y MR. BERRANGE CONTD.: So you told us that Advocate Moll replied to you and said that he couldn't do anything for you unless you came to him through an attorney? That is what he said in his reply to me, In his written reply? Yes. I would like you to have a look at this, I will read it out to you first, and perhaps you can tell us whether this is what he wrote to you. It comes from H.E. Moll, 6 Pembroke Chambers, 472 West Street, Durban, 31st October, Mr. Solomon Mgubasi, 11219/52 I will come to that in a moment Central Gaol, Durban. Dear Sir, I have just received your letter and I am sorry to say that I can do nothing for you. You are no doubt aware of the fact that I am an advocate and that as such I cannot act in any matter unless I am instructed through an attorney. The proper course for you at present would be to ask for the services of an attorney. Yours truly." Is that the letter you received from'him? Yes, he wrote a letter to me similar to what you are now reading.

43 And the date on this copy please (handed to witness) what is the date? He wrote here 31st October, You say that it is a lie? (No reply) Do you say it is a lie? The contents are the same "but I am really disputing is the date. That wasn't written on that day? No, That was written a year later, 1953? Yes. And just lastly, to tie this up, (letter returned to Counsel) when a convict gets given a number in gaol, as you were given by the way, would you tell us what your number was, can you remember it, or have you had too many? I wouldn't remember the number I had in Durban. Well, it says here 11219/52, do you say that that is also untrue, the 1952? 1952 I am certain I was not in Durban. Have a look at it (handed to witness) do you see it?-- Yes. And you know that when you get given a numbsr in gaol you get given your number, and then behind that number, separated by a stroke, is given the year, you know that, don't you? Yes. So here the year 1952 was given? But this one The more times you repeat that, the more times you might find yourself in trouble, I advise you not to keep on saying that you weren't in Durban in Have a look at Dhlamini's number, 6946/52 (handed to witness.) Correct, is that there? Yes. Can you account for it? There is a difference here, this number of mine here is written in ink, and this one here I wrote it myself, and this number here is not written by me, the number here. Can you account for the fact that that prison letter

44 shows you and Dhlamini as "being convicts in 1952; can you account for it or can't you? No. So you can't account for the fact that the prison authorities had you in gaol, the two of you in gaol, in October 1952, you can't account for the fact that the post office marks on both letters show that these letters were sent from Durban in October, 1952; you can't account for the fact that you number given to you in gaol is a '52 number; you can't account for any of those things? No. <» Of course, you will agree with me, Mgubasi, won't you that if these letters were written from the Durban gaol in October 1952, you could not possibly have been serving a sentence of one month's, imprisonment in Port Elizabeth at the same time, isn't that so? During 1952 I was in Cradock. Not in Port Elizabeth? I mean during 1952 I was not in Durban. Do you say you were in Cradock in 1952? Yes. Not in Port Elizabeth? Port Elizabeth I used frequently to visit. Will you answer my question now. If these letters were written by you from the Durban gaol in October, 1952, you could not possibly have been serving a sentence of one month's imprisonment in Port Elizabeth at the same time, could you? No. So if these letters are true, and the contents are true and the dates are correct, then the whole of your evidence about your participating in the Port Elizabeth riots must be a lie, if these letters and the contents are true, is that not so? Yes. You realise that? Yes. (Mr. Moll's letter marked G.1196) Ther^" are some pencil notes made by me at the top of

45 the letter which I ask the Court to pay no attention to. They were appended for my own information. Now, are you suggesting then that the post office stamp has been forged? I don't say that, but Are you suggesting that the warder's date which appears on the letter has been forged? I don't say that. Are you suggesting that the number given to you as a convict showing the year '52 has been forged? Definitely that was not my number. Do you suggest that the words appearing in pencil, 28/10/52, appearing at the bottom of the letter have been forged? It is not my handwriting, I don't want to labour this point, Mgubasi, but just one further thing before the luncheon interval, you do acknowledge, don't you, that you are a cheat and you are a fraud, don't you? Yes. And that you have lived your life by cheating and by fraud? Yes. And lies? Yes. And deception? Yes. And we'll just have the last one to indicate it, have a look at that, is that a picture of you (handed to witness) It is a very well taken one. Don't turn it over, I asked you to look at the front, I know you are very anxious to turn it over why did you turn it over, that photograph, when I handed it to you? I didn't know that Why did you turn it over? I didn't know that I am not supposed -;o turn it. I know, but why did you turn it over, what was the point in it? I had no reason to do it. You didn't know, of course, that there was some writing at the back, did you? No. I know that I usually write at the back of my photos.

46 A lot of lies? (No reply) A lot of lies? Yes. At the back of this photograph (Exh. G.1197) of the witness, Solomon Mgubasi, appears the following ; Joint Universities Students Association, S.X. Mgubasi, B.A., B.Sc., Ll.B, And then that is in block print, a rubber stamp, I beg your pardon, and then under that is the signature M. Mgubasi, 16/12/55, President. Did you do that? Yes. You went to the trouble of having a rubber stamp made, did you? Yes. To carry out your career of crime and fraud? (No reply) Yes? The stamp was in the gaol the time I was originally practising in Durban. Did you have a rubber stamp made to carry out your carear of crime and fraud? Yes, (Exh. G.1197 handed to His Worship.) And of course, that is not the only rubber stamp you have made for that purpose, is it; you have had a number of rubber stamps, made, haven't you, from time to time, during your career, haven't you? Yes. Rubber stamps, for instance, to put on fraudulent cheques? (No reply) letters to. Not so? Not only on cheques. Not only on cheques, well, what on then? In writing To defraud people? (No reply) For the purpose of defrauding people? No. Wasn't that done for this purpose? No. You have just told us it was? (No reply) Where c.oes the truth lie, Mgubasi? I say that stamp was made during the time I was in Durban.

47 Made for the purpose of defrauding and cheating people, you have told usj was that true or was it not true? Yes. It was true. COURT ADJOURNS: COURT RESUMES 2.15 P.m. SOLOMON MGUBASI, still under oath: CROSS-EXAMINATION BY MR. BERRANC-E CONTD.: When you were convicted in Kimherley, a short while ago, did they prove your previous convictions against you? I was called before I appeared in the Supreme Court. Yes, and yourprevious convictions were proved? Yes. Did they produce all your previous convictions or were there one or two which they forgot about? I think they read them all at the magistrates' court. You thr.nk they read them all at the magistrates' court? Yes. You don't know? I think they were all. You think so? Yes. You are not sure? I am sure. They read them all? Yes. Every one? Yes. You have told us when you gave evidence not today, but on the last occasion of some previous convictions that you had, do you remember? Yes. Were those convictions mentioned at Kimherley when they proved your convictions in the magistrates court? Yes. They were, you say? Yes. (No further questions) MR. COAKER: NO QUESTIONS: MR. SLOVO: NO QUESTIONS: NO RE-EXAMINATION:

48 BY THE P.P. : (MR. LIEBENBERG) The next witness that we were asked to provide is Colonel Parker, I don't know whether my learned friend has something to say about that. BY MR. BERRANGE: Yes, that is correct. I intimated to the Crown last week that I would like to have the re-call of the witness Lloyd Parker, "but in view of the evidence which has "been given this morning "by Mgubasi and in view of the concessions that he made as to authorship of those letters, I find it no longer necessary to put any further questions to this witness, Lloyd Parker. He can therefore be dispensed with. And Your Worship will recollect that last week I also indicated that I would want to put some more questions to Lieut, Earp, For the same reasons which prompt me not to put any further questions to Lloyd-Parker, I also do not desire to question Lieut. Earp any further, so he need not come to Court tomorrow unless Your Worship wants him. BY MR. COAKER: With regard to both these witnesses, my position is the same. I have no questions for either of them. BY MR. SLOVO: I have no further questions, BY THE COURT: These witness, unless the Crown wants them back, can then "be released from further attendance. BY THE P.P.: Then there is another witness, a native detective Zulu from Durban, for cross-examination. BY MR. BERRANGE: Yes, I want to question him PAUL ZULU, duly sworn, (Interpreter: J. Mkuhlane) CROSS-EXAMINED BY MR. BERRANGE: You are speaking through an interpreter now, hut do you understand English? Yes, I understand it to a certain extent. Not terribly well? I know it enough to reply and to speak. You say you understand it to a certain extent, what do

49 do you mean by that? I mean to say that I am not quite as good at it. What I mean is, I am not an expert. Nobody asked you to he an expert, hut I only asked you whether you understood English; I never mentioned the word 'expert' and you replied 'to a certain extent'? Yes. You say now that you don't understand it very well? I do not understand your questions, Sir; I have already said that I understand English. You said you did not understand it very well, did you 'v^ say that or did you not? I said I am not an expert. Did you or did you not say a few moments ago that you did not understand English very well; did you say that or did you not? I intended to say that I am not an expert. Are you going to answer my question. Did you or did you not say a few moments ago that you did not understand English very well? I am answering your question. Did you say that or did you not say it, you say yes or no, it is a simple question? No, I did not say that. And if the interpreter said that, then he misinterpreted you? Well, if he said so I did not say that. ^ If the interpreter interpreted those words, then he ^ misinterpreted you, is that what you say? No, I do not know what the Court thinks, hut I said what I said. Are you going to answer my question. The interpreter interpreted you as having said that you did not understand English very well. You have denied that you said that? Yes. Now, if the interpreter said, does that mean that you say he has misinterpreted you? That maybe so. Did you take any steps to correct him? Yes. You corrected the interpreter? Yes.

50 Is that so, Mr. Interpreter, I don't want to "be unfair to the witness, did he correct you? BY THE INTERPRETER; No, he just made an explanation that what he means is that he is not an expert. CROSS-EXAMINATION BY MR. BBRRANGE CONTD.; Now, I see from the documents that you have handed in, that you have attended many meetings of the African National Congress, is that correct? Yes, that is so. Over what period of time? I should say since Until when? Up to now. And will you agree with me, that at these meetings of the African Rational Congress, speakers have repeatedly said that their fight is a peaceful one, and they do not want violence, or words to that effect? That is correct, that is what they said. Have you also heard speakers repeatedly say that they don't hate the white people, hut that they want to achieve a multi-racial state? Yes, some of them, many of them.,.,. Many of them have said that. And have you heard speakers say at these meetings, that this is their own and do not struggle, and they cannot/expect to receive help and assistance from outside countries, countries outside the Union? If I have that in the notes I took down, then I heard it, I will agree. Why don't you answer my question; have you or have you not heard speakers say that? You mean in connection with my notes, or do you mean I must answer that question independently. BY THE COURT; I think what he is intending to say is that if this is contained in his notes then it must have "been said. Perhaps that Is an answer to your question. He may want to add to that, I don't know.

51 Collection: 1956 Treason Trial Collection number: AD1812 PUBLISHER: Publisher:- Location: Historical Papers, The Library, University of the Witwatersrand Johannesburg LEGAL NOTICES: Copyright Notice: All materials on the Historical Papers website are protected by South African copyright law and may not be reproduced, distributed, transmitted, displayed, or otherwise published in any format, without the prior written permission of the copyright owner. Disclaimer and Terms of Use: Provided that you maintain all copyright and other notices contained therein, you may download material (one machine readable copy and one print copy per page) for your personal and/or educational non-commercial use only. People using these records relating to the archives of Historical Papers, The Library, University of the Witwatersrand, Johannesburg, are reminded that such records sometimes contain material which is uncorroborated, inaccurate, distorted or untrue. While these digital records are true facsimiles of paper documents and the information contained herein is obtained from sources believed to be accurate and reliable, Historical Papers, University of the Witwatersrand has not independently verified their content. Consequently, the University is not responsible for any errors or omissions and excludes any and all liability for any errors in or omissions from the information on the website or any related information on third party websites accessible from this website.