PREPARATORY EXAMINATION. IN THE MAGISTRATE'S COURT FOR THE DISTRICT OF JOHANNESBURG HELD IN JOHANNESBURG.

Transcription

1 PREPARATORY EXAMINATION. IN THE MAGISTRATE'S COURT FOR THE DISTRICT OF JOHANNESBURG HELD IN JOHANNESBURG. IN DIE MAGISTRAATSHOP VIR DIE AFDELING VAN JOHANNESBURG GE- HOU TE JOHANNESBURG. BEFORE MR.: VOOR MNR.: F.C.A. WESSELS. REGINA VERSUS; KONINGIN TEEN; FARRID ADAMS AND OTHERS, CHARGE; AANKLAG: HIGH TREASON. FOR THE CROWN; VIR DIE KROON: MR. J.C. VAN NIEKERK. MR. LILBENBERG. FOR THE DEFENCE; MR. V.C. BERRANGE VIR DIE VERDEDIGING; MR. COAKER. MR. WEINBERG. MR. ROSENBERG Q.E. MR. Mis. I SEES Q.C. MR. ZWARENSTEIN. INTERPRETER; TOEK; V 0 L U M E J2 / pages: & e, ^JZ & 0> «

2 moned and the Burgesses, the people who enjoyed municipal vote and had the right to he present at the meeting, severely condemned the action of the municipal council and got to give an undertaking that they would "build a bridge or widen the road or do something to avoid similar occurrences in the future. It goes to show that it is not impossible for us to convince our people if we talk upon the day to day experiences such as the one I have mentioned, that our disabilities do in fact arise from the fact that we are completely votless and therefore unable to have a say in our affairs. I want to say that there is one happy feature associated with this particular government we have at thepre- (least?) sent moment. This Government has at last made us conscious of the fact that we have to depend upon ourselves in order to conduct our liberation struggle. Gone is the sugar-coating that used to be present on the pill before. Gone are the days when the United Party, the Institutute of Race Relations, the Indo-African Council, the Indo-European councils and all those pleasant little tea parties where we sat and got bluffed continuously year in and year out. Now more than ever before the non-europeans realise that in this struggle for liberation here, we stand alone. With this one exception, ladies and gentlemen, that I must make, and that one exception is the most progressive role that the Congress of Democrats has been playing in our affairs, and certain other individuals such as Father Trevor Huddleston, Cannon Collins, Michael Scott. These are people who in the recent past have shown tremendous courage and character in standing alongisde the non-european organisations. And we are able to distinguish the role these people play from the role, for instance, that the Liberals play. It is not enough for people such as, for instance, the Liberals, to assure us that their intentions are honest insofar as their relationship with the non-european peoples is concerned. The difference between the Liberal Party, on the one hand, and the Congress of Democrats on the other and people like Father

3 Huddleston and Canon Collins is simply this, that not only do these people say their intentions are honestinsofar as the non- Europeans "but they are prepared to ally (align?) themselves to stand side by side with the non-european organisations. In fact, the participation of the Congress of Democrats and individuals of courage and character, such as I have mentioned from amongst the European community is the only effective guarantee that South Africa in future is going to "be a happy, multi-racial society, free of discrimination on the "basis of race, creed and colour. I want to illustrate what I am saying, Mr. Chairman, ; ladies and gentlemen. I will say that this Government can be stopped in one single day, in 24 hours time. There is this little question about the Senate Bill. Let the United Party, the Federal Party, the Liberal Party and all those others who pretend to be fighting fascism, declare just one day as a day of national protest, and call for a stoppage of work throughout the length and breadth of this country, and I say to you that it will have been made abundantly clear to this Government that they don't enjoy the confidence, not only of the non-european people, but even of the white electorate. The call has already come from the Congress of Democrats, inside Parliament and outside Parliament, for a national day of protest. But where are the friends of the non-european people? Where are those people who are supposed to be fighting fascism in this country? Where is the United Party, where is the Federal Party, where is the Liberal Party? Not one of them has seen fit to join in this call for a national day of protest. They know, these parties that I have just mentioned, know that they can put a halt to the policies and nefarious designs of this Government, but they are between the devil and the deep blue sea. They feel that should such a day succeed in South Africa, it will be placing a weapon in the hands of the non-european people for future action. They feel that the same method may be employed by the non-european workers of South Africa

4 to the utter detriment of theexploiting class, because there is the worst kind of economic exploitation in South Africa. We find a most barbarous a most ruthless kind of exploitation that is to be found anywhere in the world. Unless some of my friends over there are not convinced that there is this most barbarous and ruthless exploitation operating in South Africa, I will give you just one or two figures which have been taken from perfectly respectable sources such as the Government Year Book and a booklet issued by the Institute of Race Relations. In the first place, the average income these respectable sources tell us, per head per month in the reserves, is 17/- a month. And this income represents the income both in cash and in kind per head per month in the reserves. 17/- a month in a country where it requires very much more than 17/- to buy justone loaf of bread a day. The actual income in cash is no more than just two shillings a week in the reserves. Unless you might think that outside the reserves there is a wonderful salvation for the non- European people, let me disillusion you completely by telling you that the average per head per month income is no more than 25/- a month. Some of you will probably wonder, because you earn 10 or 20 a month, but you have to balancc that against the number of unemployed, and the average comes down to 25/-. Even in the ubran, the peri-urban and the non-reserve areas. The rate of incidence... I want to deal a little more on this question of the ruthless exploitation that operates in South Africa... the rate of incidence of tuberculosis amongst Africans at Port Elizabeth and East London is the highest in the world. It would be interesting to know that the rate of incidence of theeuropean population in South Africa for TB is one of the lowestin the world. And let me tell you as a doctor, as a medical man, that the particular germ that causes TB has got nothing to do, has got no particular affinity to the colour of a person's skin, but has every affinity for low wages and high cost of living. I

5 could go on like this, Mr. Chairman, ladies and gentlemen, giving you more facts and figures with regard to the type of economic exploitation that operates in South Africa, hut I will just stop at one further example. The infant mortality rate, which means the number of children who die before attaining the age of one year, in the res rves, amongst theafricans, is 638 per 1,000, which means, compared that with Europeans, 30 per 1,000, which means that out of every three children who areborn in the reserves to Africans in African homes, two must die. I have found, even in my own practice, that I have never had the occasion where I attended an African lady in my consulting rooms and when she was questioned as to how many children she had, it wasinvariably that she had had six or seven, but only twowere alive. Now this is the state of affairs, this is the status quo that our so-called friends of the United Party and the other European parties bearing the cross of democrats this is the state of affairs that our so-called friends would like to see continue in South Africa. That is why they find it so difficult to join in this call for a national day of protest, because they see on the one hand that it would serve the purpose of eliminating or probably halting fascism in South Africa, but on the other hand it would be a dangerous weapon against their own methods of economic exploitation. Now, the all-important question arises: Who is going to change the state of affairs? Well, I must say that this is not a condition that is unique to South Africa itself. The people of Asia and throughout the world suffered under similar conditions only as recently as ten years ago. But those days, so far as India, so far as Pakistan, Burma, China and a number of other countries, not excluding the Gold Co^ist, is concerned, those things are things of thepast now. And who was it that brought this change about in thos particular countries? The people themselves. That is the answer, and I want every single person in this hall to be convinced on this point, otherwise we

6 don't get any further than where we are. We must he cnnvinced that the power of disturbing the status quo. the power to change the type of society, lies within ourselves. It is usually said that we, the non-european people, are illiterate, ignorant, immature and unripe. It is usually claimed by many people that all these benefits of white civilisation we see here are the result of only white enterprise. But I want to make this clear here, that all that goes in the name of white civilisation in South Africa, the huge buildings we see around us, the beautiful railways, the roads, the bridges and so on, not one single inch of these roads or railways could have been built without the power of the toiling non-european masses of this country. Who can deny it? We have to convince ourselves on this one important point, that we are also partners in this particular civilisation that we see here today in South Africa, and that it is not true to say that the non-europeans have not contributed, and that there is a white civilisation which the white man is forever guarding against the black man. I have no doubt whatsoever in my mind that the non-europeans are quite capable of changing the status quo in South Africa. They have the means and they have thepower* Let us look at what is happening today only insofar as the struggle against the establishment of a fascist dictatorship in South Africa is concerned. Who are the people who are in the forefront of the struggle against the Strijdoms, the Malans and the Donges? Who are thepeople who have made the sacrifices in order to halt the marchof fascism in South Africa? in eed I remind you, ladies and gentlemen, of the tremendous sacrifices that are being made every single day of the month, every single day of the year, particularly by members of the national organisations, the Congresses. Have you not heard that only two weeks ago, that brave fighter for freedom, John of Worcester, of the Coloureds, was sentenced to 18 months imprisonment? Have you not heard of our own Yengwa, who has been banished? Do we not

7 know of Luthuli and one thousand others today who aremaking tremendous sacrifices in order to fight fascism in South Africa? Do we not know of the victimisations that are going on day in and day out of the ordinary workers in the factories? Even in this particular week there are people, not only in Durban "but in Maritzburg, ordinary workers with wives and families to support, who have lost their jobs due to victimisation for the simple reason that they were thought to "be political and there is always the combination between the Government and the bosses? We have made these sacrifices and we shall have to make more sacrifices. Freedom would not be worth attaining if it were going to be delivered to us on a silver platter. There is no people in the history of the world who have attained their freedom without sacrifice, and the people of South Africa can be no exception. And we don't stand alone in this struggle. Recently only we had the magnificent example of a conference held in Indonesia, where no less than two thirds, where the representatives of no less than two-thirds of the people, pledged their wholehearted support to our cause, at Bandoeng, So then, ladies and gentlemen, we are not really alone in this struggle. All that is required, in conclusion, I might say, is that we have to make even yet greater sacrifices than we have made in the past. The great assembly of thecongress of the People and the formulation of thefreedom Charter, is our immediate goal and objective. And once the Charter is formulated, we shall still have to go forward in order to see that the programme enshrined in the Charter is fought for. Throughout the length and breadth of South Africa meetings, I have no doubt, are being held today in the same manner as we are holding this meeting here. I am told that in Durban two branches of the Indian Congress, namely Clare Estate and Mayville, have already elected about 25 delegates each, (Applause.) I was in communication with the Ladysmith Congress of the People only yesterday, and I was told that no less than 50 delegates would go

8 from northern Natal. (Applause again) Our preparations in the Natal Midlands are completed for the sending of at least 50 delegates also. Let us therefore go forward to the Congress of the People, and through sacrifice to freedom," I come hack now, Sir, to speaker No. 2. "Ladies and gentlemen, we have "been very lucky indeed to have had a great contribution from this meeting of ours from Dr. Motala. I don't think time will allow me to say what is in the message Dr = Motala had for us in this gathering. We have more speakers, and all I can say is that the message you have given us is well received, and we will go with it in this great endeavour, the Congress of the People, with all our enthusiasm and all our determination. Our next speaker will he Mr. Srrol Shanley. Before I ask him to stand I must here formally tender an apology. I understand for certain circumstances I might have to leave the meeting and ask Dr. Naicker to take the chair. I ask Mr. Shanley to address us.'' Then Mr. Shanley spoke. "Mr. Chairman and friends, as the chairman has pointed out, I am here this afternoon to represent the Congress of Democrats. The Congress of D emocrats, as you might know, is an organisation which represents European progressive thought in this country. I am not referring to the so-called progressives of the Liberal Party and other small groups. The Congress of Democrats is a body of Europeans of progressive though which believes that all the people of South Africa, irrespective of race or colour, should enjcy full democratic rights, democratic rights which should not be determined by the fact that certain people have not been so fortunate as to pass Std. 4, for instance, or that certain non-european people are not earning more than, say five or s'". pounds a month. The Congress of Democrats also believes that the only way we can full dceocracy in South Africa is for all the people to get together and to do something about it. Now friends, to this meeting I want to bring greetings and best wishes from the Congress of Democrats. You have

9 all heard this afternoon this word fascism mentioned very often. I heard this word mentioned and I read about it in newspapers when I was a young man. It was at that time that fascism was already in the saddle in Italy. That was Mussolini's "brand f fascism. It was at that time I am talking about, the year 1933, when a new dictator arose in Europe. That was Adolph Hitler and Nazi Germany. Mr. Oswald Mosely was already very active in Great Britain, and it was becoming an idea that was sweeping Europe right through to Poland. That was the time when the ruling classes of Europe could no longer rely on the old democratic methods to keep the people in subjection, to rule people so they were employing the new method of the iron fist* There were organisations in South Africa which were beginning to rear their head at that time, the Grey Shirt movement and various others. There was a body known as the anti-fascist League which was formed in Johannesburg, and it had branches throughout South Africa subsequently. But those organisations, those anti-fascist movements were ridiculed by many people of high social standing in South Africa. They said that you would never see the things that had been going on in Europe, in Nazi Germany and Mussolini's Italy, happening in South Africa. That was during the period of the Smuts Government. Well, today it is 20 years since those days, and we see that the Nationalist Party Government of Mr. Strijdom is making very deep efforts to emulate or to do the things that were done in Nazi Germany and Mussolini's Italy. Progressive people outside Parliament, when referring to this South Africa as being a police state in the past were laughed at. Today the official opposition, that is, the United Party, the Liberal Party and others on the Opposition side, frequently refer to the present Government as being a police state government. When you read of the discussion and debate on the Senate Bill you will see that what I am saying is correct. Let us ask ourselves, is this very nasty thing which we are saying about

10 Mr. Strijdom's Government correct or not? First of all, I want to ask you: Where are those leaders of the African National Congress, the Indian National movement Congress and a number of European progressives, where are they today? Why are they not allowed to attend meetings such as this? Why is Mr. Kahn not even allowed to attend a little private party in his own home? Why are the African people of the Western Cape not allowed to send the persons they want to represent them to Parliament? Why were the newspapers of the people which represent the views expressed here today by Dr. Motala and others, why were those newspapers abnned? Now we can ask ourselves a lot of other questions. Eor instance, why is the policeman allowed to go into a man's home and search his possessions for literature, etc? The answer to these questions is, the reason for these things is, that South Africa today is a police state. We have another example which I nearly forgot to mention, and that is you saw a picture this morning in the Tribune of a photographic copy of a letter which was sent by the Liberal Party to their head office in Cape x own recently, and that letter was the subject of a big protest in the House of Assembly just recently. Mrs. Ballinger raised the issue. She is a native representative in Parliament. She raised the question of the post office opening and tampering with letters of private individuals. That is another example of the kind of democracy you have here in South Africa. Now, friends, I don't believe that we have fascism in South Africa, because if we did have fascism in South Africa, we would not be on this platform this afternoon at a meeting of this nature. But let us not make the mistake that fascism is not fast approaching in South Africa. When the Malan Government came into power the first thing they did was to put through legislation, various measures through Parliament, of an anti-democratic nature, depriving certain sections of the people of civic liberties, and since that day there has been legislation which today we find is affecting all

11 the people of South Africa, not only the non-europeans. From the Criminal Law Amendment Act and the Suppression of Communism Act, the new Industrial Conciliation Act, and we can quote many others down to the present Senate Bill, we see how the police state is operating in South Africa. We have an Opposition in Parliament, the United Party and a couple of individuals calling themselves the Labour Party. Of course, I am not going to include amongst these people Mrs. "argaret Ballinger. And that opposition is supposed to represent the European electorate who don't support the Government. Now that Opposition has made a number of demands to hold up, prevent this legislation from going on to the Statute Book, but with the experience we have had in the last few weeks of the Senate Bill, I think it must be clear to everybody that the United Party is failing in its efforts. Already the Prime Minister, Mr. Strijdom, has already stated the United Party has failed altogether. Well, I think any progressive in this country can see that Mr. Strijdom's statement is perfectly truthful. The Opposition in Parliament... (inaudible)... insofar as its efforts to stop this legislation, the Senate Bill, going through, was concerned. Now, friends, what is the reason for this state of affairs? The reason for this is because the European section of public opinion represented by the United Party is not aware of what is going on. They have not yet been able to grasp what is really happening in South Africa, and the United Party therefore has not got the full support of those people who sent their members to Parliament. Now progressive public opinion in South Africa takes the stand that the only way South Africa can progress and the only way we will drive out the present undemocratic Strijdom police government is to organise a broad democratic movement of the people of South Africa, that is, all sections of the people of South Africa. out to achieve. Now, that is what the Congress of the People sets The Congress of the People is a movement which

12 will represent all sections, and the Freedom Charter that Dr. Motala has referred to is something that has "been needed in South Africa for a long time. Those things that are needed in South Africa, that is, freedom for all, will only he won as a result, as Dr. Motala has mentioned, by sacrifice and couage. The fight for democratic rights and civil liberties will only come as a result of the people moving together. There have been occasions in various parts of Europe when government of tyrants have been forced to change their ideas and bend to the wish of the people when the people have organised together and compelled them to change their ideas. We have in South Africa, of course, a very different state of affairs, a different set-up to what we have in other parts of the world. We have, of course, a very small minority of European people, compared with the vast mass of non-europeans, who do enjoy certain democratic rights and privileges and they are quite content to sit back and watch the rest of the population being denied those rights which they themselves enjoy. But I feel that in recent months, anyway, if not the last year or so, I think those people are receiving a very rude shock, and I think they are beginning to realise that if you are going to keep the non-european people n the gutter, you will have to sit in the gutter with them. I think they are beginning to realise that democracy is indivisible. In simple words, what I mean is you can't have democracy in a country for one section and have no democracy for another section, themselves, of course, as the majority. If the Government of South Africa is going to continue with its present undemocratic legislation and its oppressive lines which will be just for the non-europeans, the European section will soon find that those lines and those measures will also react, and will react against themselves. Of course, you have to realise, friends, that the situation which we have in South Africa is such that there are many Europeans in this town and in South

13 Africa who would like to come forward and express the views I am expressing from this platform today, hut they are afraid to do so. When I have spoken to such people in the privacy of their own homes, they have said. 0 I agree wholeheartedly that what you say is correct. I have spoken to doctors, to professional men, to very learned men, to working men, and they have said: Yes, you are right, but what is going to happen if we come out into the open and express these views, we will lose our jobs. But. friends, I think we can take heart. We must not despair, because there are signs today that even amongst these people I have referred to, they are beginning to realise, many of them, that they will have to at some time or other make a stand. You saw an example, a very classic example recently, you saw the professors in Pretoria when they came out openly against the Senate Bill. Now, despite what Strijdom and the Nationalist Party Government have said about those gentlemen, there are supporters amongst them of the Nationalist Party, but you see they found courage, they found courage to come out on principle against this thing which the Government is doing in the Senate. As you see, that is a sign of the times, these are learned Afrikaner professors. They are not the jingoes that we often find here in Natal. Now, friends, I think it must be clear after what you have heard this afternoon, that even though it may take a long time, it may take months and it may take years,but there are going to be some changes in South Africa. There must be political changes, because you can see that the whole world is moving forward today. You see what is happening in the Far East. You see what is happening in North Africa. You only have to read your newspapers. You can see that the people, the vast massof the world's population, is moving away from oppression and from colonialism. People all over the world, the colonial people of the past, are obtaining new freedoms, and this movement is continuing and will continue, and let Dr.

14 Strijdom and his Nationalist Party Government not think that South Africa is going to "be isolated from this world movement. The non-european people of South Africa have had organisations to represent them for a number of years. In the past, the African National Congress has done very little insofar as organising the masses. In the years gone by the same could be said of the leaders of the Indian people, in Natal particularly, but I think that today we can be pleased to see that those times have gone. Now, friends, I think it is very necessary for all of you here this afternoon to understand very clearly that the various organisations representing the non- European people and the progressive European opinion are determined that they are going to go forward with this movement known as the Congress of the People. Now, the Congress of the People, as you can see from its title, must be thepeople of South Africa, all the people of South Africa. The slogans for a new South Africa, for a new democracy, for all, must be carried everywhere. The trade unions will have their job to do, they will have to carry those slogans to the workers in the factories and wherever workers are to be found. The Congress of Democrats will have to take those slogans and those ideas from house to house and into European people's homes. The Indian National Congress must take this new idea amongst the Indian people in Natal and right through to the Transvaal, and the African National Congress, last but not least, must of course do the same thing with the African people in the reserves and wherever they are to be found, and if all move forward with one purpose, with this one aim of a new democratic South Africa, in a new spirit, I think the time will come when the Strijdom Government will either go or change its ideas. Now, we know that the present Government is right on the top of a wave, but let us realise that they represent a very small section of the people of South Africa. We mu. t also realise that there is not

15 such a great difference between the fascism of Mussolini and Hitler and the type of police state we have in South Africa today. In Germany and Italy the Governments of Mussolini and Hitler rode roughshod over the people, and they had the support of big sections. I hope that that is something which Stridjom will never get from the masses of the people of South Africa, We know that world opinion is against the Government of South Africa and is on our side. We hpve told you already that colonialism and the oppression of the people is something that is dying out, it is being destroyed all over the world. We know that this creed of oppression is something which is wrong and which is not popular with the broad nssses of the people, and we know that the struggle of thepeople is one of freedom and of right. So let us not despair, let us realise that we will be victorious," Then No. 2 speaker again "Thank you Mr. Shanley for your fine speech. I would like to assure the house that the liberation movement in South Africa will not despair. We shall move forward to the Congress of the People and carry on the struggle for freedom thereafter. No people who ever attend the movement will despair at all. Now I have the pleasure of calling on Mr. Robert..." I made a note of the spelling here as 'Gisha', with a query, "... of Johannesburg, who has been sent by the Action Council to tell us the latest in regard to the preparations for the Congress of the People in Johannesburg, At a meeting such as this, we have not had the latest details, except reading in the Press. The fact that we have somebody personally from Johannesburg is a great inspiration to our struggle." The next speaker here, I have only the note: "Blue suit," "Mr. Chairman, Sons and Daughters of Africa, I thank you for giving me this opportunity of speaking to this gathering this afternoon." You did not give this speaker a number in your notes?

16 Unfortunately I have not a note here, hut at the outset I made a note of the clothes the various people were wearing. "I am very pleased to notice that this is a representative gathering, not only because it has Indians, Africans and Europeans as such, but because it has members of the African National Congress, members of the Indian Congress, andindeed members of the Government. Those who don't know what the Congress of the People shall be, I would like them to observe the position of the gathering here this afternoon. Eriends, I wish to bring you greetings from the people of the Transvaal, people who today are being forcibly removed from their homes people today whose children are running around in the street, because the august Dr. Verwoerd has decided to close the schools." I then have a note: Partly inaudible reference here to intensification of pass laws and other acts to stop Congressof the People from being what it should be. He continued: "We are meeting here this afternoon at a crucial time in the history of the world. We are meeting at a time when great powers are deciding whether it is wisdom on their part to use atomic bombs for the destruction of mankind. We are meeting at a time when the oppressed people throughout the world are marching ahead in a manner unknown in the history of mankind, whilst the forces of reaction and oppression are shrinking. Yes, we are meeting at a crucial time in the history of our mother country, South Africa. We are meeting at a time when the minority group in this country has brought in a government, a party which is determined to make South Africa not only a police state, but a fully-fledged fascist state. As a result of the present government, we see the people of South Africa very unhappy. Today Europeans are fighting against the Senate Bill. Today the Europeans are beginning to see that the Nationalist Government led by Mr. Strijdom will lead them not to freedom but to destruction. Today we see a government which is not ahsamed even at this late stage in the

17 th century to force upon the African people an education which is for ignorance. We begin to see it today, but once a man has evil intentions he tends to destroy not only his opponents, but even his very family, because if this Government were to succeed in giving the African child thateducation it will also succeed in bringing about suffering and misery among their own people. It is at this dark hour in South Africa that the national organisations have decided to bring about the desired light. This hour had to come in our country because the Union of South Africa was founded not only on evil grounds,but the very existence of the Union of South Africa is an oppression itself. And the Europeans, after the African people had assisted them in their fight, decided because of the colour of their skin to... bring about a Union of South Africa, in fact, they were digging their own grave, because the union of whitepeople alone in this country meant alone the union of Europeans against the masses of non-european people in this country. But because the non-european people of this country trusted the white people, they felt that not all white people are bad, so they must be given a chance, and they were prepared to serve under them. But 45 years of white rule in this country has exposed the intentions of those who founded the Union of South Africa, and of course, because the people who founded the Union of South Africa, most of them are dead, it is now the duty of those who are alive to bring about a real union consisting of all the people who have made South Africa their home. It is for that reason that the African National Congress with its allies, the South African Indian Congress, the S.A, Congress of Democrats, and the S.A. Coloured Peoples Organisation, they feel there is a need in this country for all the people of South Africa. There is nothing in South Africa, nor indeed under the sun, that stops these four organisations from having their own Congress and excluding everybody else that doesn't belong to them, but

18 these four organisations have not only the interests of their movements as such, "but the interest and the welfare of the people of South Africa. It is for that reason they feel that a Congress of the People of South Africa is the only assembly that can bring about a freedom charter which will be observed and will be the only aspiration for the people of South Africa. These four organisations have come together and have written to all organisations in this country, including the fascist Nationalist Party, to come to the Congress of the People. It will be the first meeting in the history of this country that even the police will be given invitations to come in. We in the liberation movement have nothing against the police, particularly the Afrikaner police, because we know the Afrikaner people are sons and daughters of this soil and that they have no other country to go to. it Because South Africa is their country/is our duty as a liberatory movement to free them from the chains of Strijdom and Swart, and make them realise that neither Mr. Strijdom nor Mr. Swart will ever be policemen, but they will be doctors, and in fact, we, as the liberatory movement, have shown our wisdom in that as police are allowed to attend our meetings, no African police can attend a meeting of the Nationalist Party and come out alive. No Indian policemen can attend a meeting of the Nationalist Party. But our friends who are here today will come out alive and we shall see to it that the reports taken here are not taken away but must be taken to Swart. We are not running away, but the Government is running away from us. Therefore the Congress of the People is not an organisation of those organisations who believe in the freedom of this country alone; for the Congress of the People everybody is invited, even those people who are against the S.A, Indian Congress are invited to opposed to the leaders of the Indian people. Not only is the S.A. Indian Organisation invited, but individual members of the S.A.

19 Indian Organisation can attend the Congress of the People. Even the Bantu Congress, even though their leader is in jail, even they can attend. Because we feel it is only at a meeting where the people of South Africa will speak fearlessly that we can have a freedom charter which would he respected by everybody in this country. What are the arrangements being made for the Congress of the People in Johannesburg? The Congress of the People will take place in Cape Town...," I would like to say that although 'Cape Town' appears there, it should be 'Kliptown,' " Johannesburg. Arrangements are being made to cater for 10,000 delegates. We know that there are 10,000 delegates who are prepared to come, and if they are shot, of course, the Government will be to blame," At this stage the speaker spoke through an interpreter. "I don't mean shot to kill. Short, if they are short of that number, because the Government is already busy trying to stop people from taking tickets from their respective station. They are busy trying to check up that Indians from the other Provinces must not go to the Congress. Of course, it is unfortunate that oppressors never read thelast chapters of history. When they read the last chapter in the history of any country they will know that no country is capable of stopping the forward march of the people. Nevertheless, we are prepared to see the Congress of the People come true, and of course I can warn the Government that there is nothing under the sun to stop the Congress of the People. To ban that Congress of the People must not take place is not in fact to change the spirit and the ideas of the people. Eor it is likely that if the Congress of the People doesn't take place in Johannesburg, it may take place in Cape Town in the House of Assembly in a few years to come. The Congress of the People will take place on an historic day in this country, for the 26th June has become a national day among the people of South Africa. Not one person who was in this country on the 2 6th June,

20 If52 will ever forget that date. Not even the Government sfiall forget that da 1 3, because it was the beginning of a new page in the history of this country. It is for that reason that we are meeting once more on the 26th June, The cause of progressive people who are meeting cn 26th June, 1955, is not to send volunteers to gaol, but to try and formulate a Freedom Charter. This therefore is a dedication to those people who served in the Defiance campaign. The Defiance campaign was not an achievement of freedom itself, but it was a campaign whose sole intention was to bring about a high political consciousness among the people of South Africa. It is for that reason that on 26th June the people of South Africa will meet to draw a Freedom Charter. fon that day, great awards will be awarded to certain people in this country. Chief Luthuli will receive an award. Dr. Dadoo will receive an award. Father Huddleston will receive an award. It will be a great thing if Mr, Strijdom received an award too. But he has done nothing to deserve such an award from the people of South Africa, and because of his actions it is likely that even the Afrikaner people will forget him, as they forgot Botha, when he dies. But j here the people of South Africa will remember Chief Luthuli, They will know that on that day we will be on the road to freedom. t Thepeople of South Africa must remember that great son of Africa, Dr. Joseph Dadoo, even though he may not be with these people today. Yes, an award that day will be given to a man of God, a man who in this country is an example for most, Father Huddleston.) The question is: What does the Congress of the People hope to achieve? What is this Freedom Charter which it proposes to formulate on that day? All we can say in answer to that is this, my friends, that not even Botha, Smuts, could answer that question before they went to Vereeniging, but we know why they met in Vereeniging in They met there to oppress the non-european people of this country. But we shall be meeting there to draw a charter which would embody the as-

21 pirations of the people of South Africa, irrespective of their religious faith, irrespective of their colour. But I want to assure you that there will he nothing in the freedom charter which will say that these will he the rights of the Europeans of South Africa. There will he nothingin the Freedom Charter which will say that these will he the rights of the Indians in South Africa. But the Freedom Charter will have the rights of the people of South Africa, irrespective of their colour. The Freedom Charter will have the demands for the rights of the people who live in the reserves, it will have the demands for the rights of the people who are working in the industries in Durban, in Johannesburg, in Cape lown and many other industrial areas. want. Those are the rights which the people of South Africa We in South Africa, I am referring, of course, to an enlightened people don't care for the colour of the skin of the man. For we have come to know this particular fact, that though a man be white, his brains are not necessarily white. Nor does, in fact, the blackness of the skin of a man indicate or imply that his brains are black. matter in the man, not his colour. What we respect is the grey If Mr, Strijdom was an intelligent man, if Mr. Strijdom was a leader and not a stooge, we would respect him in the way we respect Luthuli in this country. That is what we stand for, and for that we shall stand regardless of the circumstances, and for that we shall stand, irrespective of the consequences. At this stage I wish to project before you Chief Luthuli by quoting his words. In his presidential address at this hall last year he said: "Freedom comes only to those people who are prepared to pay dearly for it." Freedom will never come to people who will stand in the middle of Grey Street and ask them to go without it. Freedom will never come to those people who, like some stand in the House of Parliament and say: The people are objecting to this, and from there he goes to his bed to sleep. Freedom comes to those

22 people who are prepared to struggle and pay dearly for it. If then, we want to see the freedom which we so desire; if, therefore, we want to se; this great assembly taking place on 25th and 26th June this year, it is our duty to come out of this house, to go to every street, to every house, to every village and every kraal, and tell the people of South Africa that there is this assembly, and that they must send their demands and, indeed; their representatives, and when we come back it must be our duty to go back to these people and tell them what the decision of that great assembly w s, and only then shall thestruggle for a greater freedom come to South Africa, The struggle for freedom will not begin on the 25th and 26th June, but it will begin on the 26th when we leave for our homes, and I have no doubt that the Government is preparing to see to it that the aspirations of the African people, Indian people and the Europeans and the Coloureds never come true. For the freedom of the masses of South Africa is the end of the tyrants of Swart, Strijdom and Verwoerd. But I want to assure those in the Government today that the people of South Africa will still be here in their millions when those who are in the Government today shall have disappeared from the surface of this country. I want to say to Mr. Strauss and those who are neither Nationalists, nor, indeed, the real people of this country because of their deplorable policies, that the only way they can stop fascism in this country is when they tell the people the truth. So long as they don't want to work with the non-european people of this country, so long shall they be victims of their own creation. Dr. Motala spoke about the Liberal Party. I just want to say in passing that in this country and at this stageof our development the Liberal Party is an There is no room for a Liberal Party in this country. They can have their meetings in at night but during the day the people of South Africa shal and everybody who fears the muscle (?) of the people of this country

23 would "be advised to pack up and go somewhere else, because whether we like it or not, it is the people in the street who are going to rule this country for they are responsible for those we see, they are responsible for the high buildings we see, they are responsible for the investors, and the day will come when these people will take over the buildings which have been built with sweat and blood. Not even Strijdom will stop them that day, not even the Suppression of Communism of Mr. Swart will stop them. We stand before you today to create history, and we hope that our government is gracious enough to write it. For what we say about the Congress of the People will remain in the archives of this country, and by the time we take over we shall have history. You delegates from various areas, take it upon yourselves to see to it that every delegate goes to the Congress of the People, to see to it that the Congress of the People becomesa household word, but it is only when people speak of freedom that they can fight for freedom. I want to close with the words of my leader, for I want the Government to know this, that wherever we meet in the meeting places or halls of South Africa, I always think of Chief Luthuli, the Government of this country is going to regret when the people of South Africa will one day decide to move forward, and before them will be passing Chief Luthuli, for when people move forward without their leaders, no-one knows what they are capable of doing. The Congress believes in non-violence, but if the Government is going to take them away from us, then we shall not stand responsibility for what the people will do in the absence of their leaders, and I want to say it is not any absence of Chief Luthuli which will discourage us, but it is his absence which will make us forge ahead. Chief Luthuli says that the highest relationship between men and God is the preparedness of the man to work and die in the service of his people. To us, Chief Luthuli is a symbol of our struggle for freedom. That is before them, Chief Luthuli. It

24 is certain they cannot see Strijdom before them. I want to say to you today that we have only two eyes, the left eye for a picture of Dr. Dadoo and the right eye must see the picture of and once you have those pictures before you, Strijdom and what he stands for shall be nowhere except under your feet. It is our duty to see ourselves. own lifetime we want to be free When we see freedom in our and if we are dead, let those who come before us We are destined to make South Afrioa a happy country for all, and it is that great day which will bring about light in this dark country, South Africa." Then No. 2 spoke again: "Thank you very much. I don't think I will say any more. To judge from the spirit with which he has left you, is to judge what will be done. We are happy to know this progress is being made in Johannesburg, and we expect as we said to send our 300 delegates. It is your duty to go back to your respective areas, to see that your delegates are properly elected and that they make their way to this great assembly in Johannesburg on the 25th and 26th June. It is not sufficient merely to think about this Congress of the People. The Congress of the People must be a reality, and it will never be a reality unless you yourselves participate to the fullest. I once more wish to thank Mr. =... for this inspiring i- talk to you this afternoon, and there is no doubt that when we meet in assembly on 25th and 26th June you shall hear more such speeches, not only from Mr but from the thousands of delegates who will be attending from all parts of South Africa when the Freedom Charter is formulated. That is the last speech and it brings our meeting to a close. The National Action Council has taken the opportunity of sending various people to all parts of South Africa to address meetings such as this. We know that the National Action Council is having tremendous financial difficulty, particularly in regard to fares, the payment to the volunteers going up from the different

25 Ik'**"' ' Provinces. In this particular case it has "been brought to our notice that we have to meet the railfare of Mr for his trip to Durban. I ask each and every delegate to make a voluntary contribution at this meeting, and from the amount gathered at this meeting we will be happy to help Mr.... for the payment of his fare. I call on you to make your voluntary donations and leave them at this table." That was the end of the meeting. (Notes handed in, G.483.) (No further questions) CROSS-EXAMINED BY MR. COAKER: Mr. Language, what was your employment on the 12th June, 1955? I was a newspaper reporter. Employed by which paper? T he Natal Daily News, Durban 9 That is the Argus Group of papers? That is correct. This was not the first meeting you rep rted for the police, was it? Yes, it was. The only meeting? The only meeting. How did you come to do it? I cannct rememba? exactly how the arrangement was made, but I think Captain Lamprecht of the Security Branch telephoned me and asked me if I would do it for him. There were no police present at this meeting were there or were there? There was a police photographer, as far as I remember, I cannot remember any other,, Was he responsible for some of the flashes? That is correct. Did you inform anybody at the meeting that you had gone there for the purpose of reporting for the police? No e Did you inform your employers that you were going to report a meeting for the police? No. Were you paid for this reporting? I was. Did you tell your employers that you had earned money by /

26 some means other -than.your reporting for them? I did not need to tell them about this particular meeting because I had been doing a great deal of shorthand writing work of which my employers were well aware. BY THE COURT: Outside your normal duties? That is correct. CROSS-EXAMINATION BY MR. COAKER CONTD.: In what sphere? Evidence in the Supreme Court, the Native High Court, Regional Court, magistrates court. In places where no-one could possibly have mistaken you for a newspaper reporter? At these places they would have known that I was a newspaper reporter. BY THE COURT: Were you known? I was well-known. To the other officials? Yes. CROSS-EXAMINATION BY MR. COAKER CONTD.: And you were presumably well-known to the people at this meeting as a newspaper reporter? I cannot answer for them, but I think it is quite likely. Didn't it strike you as a peculiar thing to do, for a reporter for the Press, to attend a gathering, take shorthand notes of the speeches made, and transmit them to the Security Police? No, not at all. Because as I have said earlier, I have done a great deal of shorthand writing work of this kind. Didn't it occur to you that you might be admitted to a gathering because it was known that you were a reporter? No, it did not occur to me at all. The meeting was open. Open to everybody? Yes. If I may add, reference was made in the speeches which I have read, to members of the Government being present at this meeting, I understand that there were certain difficulties about reporting these speeches? Yes, And I take it that where you were unable to hear anything you indicated that fact? I did so. The numerous blanks in your transcript are presumably words that you were unable to hear for these reasons? That is so.

27 (No further questions) MR. SL0V0: NO QUESTIONS: RE-EXAMINED BY P.P.: Over what period were you engaged as a part-time stenographer in the Supreme Court, Natal? About five or six years* And over what period were you connected with the Regional Court? Ahout the same time. Were you in the courts almost daily during that time? Yes, almost every day, I would say. Was it as a result of your connection with the Courts that you were approached by the police? I believe so. (No further questions) PETRUS CORNELIUS SWANEPOEL, duly sworn. (25/11/56.) EXAMINED BY P.P.: On 25/11/56, did you attend a meeting that was held in the Tanjore Indian School, Riverside? Yes. Is that in the district of Durban? Yes, it is Durban North. Did you make notes of speeches delivered at that meeting? Yes. Do you know by which organisation that meeting was convened? Perhaps if I go through my notes. But I did not make any note at the top of my notes. Perhaps it would be better to refer to your notes. Were any banners exhibited a* this meeting? Yes, the following banners. The one had the words on: "Let our Leaders Speak." Another was "Demand Repeal of Group Areas Act." And then "Demand Franchise for All." And then "N.I.C. for Freedom against Apartheid." Continue? I have a note here at 2.35 p.m. I noticed as being present at the meeting Dr. G.M, Naicker

28 Is he one of the Accused? Yes, (No. 139) The next was Mr. Ken Hill, Errol Shanley. Is he one of the Accused,? Errol Shanley, he is. (147) And G. Hurhans. Is he one of the Accused? Yes. (131). The meeting was "being held on the playground of a school, parking space was provided for cars. There were two cloth pictures of Dr. G.M. Naicker and A.J. Luthuli displayed behind speakers' table. Both are amongst the Accused. (Luthul 132,)s I also have a note that Alan Paton arrived in a car, No. NPN. 1782, The flag of the A.N.C. was prominently displayed. Then at about 3 p.m. the meeting started. The first speaker was Mr. A.G. Govender. Is he not one of the Accused? No, he is not. He said that the meeting was being organised by the Vigilance Committee. I know that would probably be the Vigilance Committee of the Group Areas they had formed in Durban some time ago a Vigilance Committee to explain to the people the implications of the Group Areas Act. He said: /"To start with I have pleasure and honour to say that the president of the S.A.Indian Congress, four Dr. Naicker, who for the last/years has been unable to speak Meeting called against the Group Areas Act. Indians did not come here on their own. Previous Government could not get on on their own. They went to India for labour. Indians settled here for four generations." He discussed the present population of Riverside and Briardene areas, referred to the presence of Mosques and discussed the position if Indians are to be excluded from Riverside area as a result of the Group Areas Act. Properties owned by Indians. I think people must be told not to sell their properties to anybody else but to Indians. I now have pleasure in calling upon Dr. G.M. Naicker the president of the S.A.Indian Congress, to address you." Thereupon Dr. Naicker spoke. He said: "Swart thought by banning

29 the leaders he would destroy the national liheratory organisations. He must he disappointed. For every leader he banned six or seven others appeared. Take this platform. We have here a vigilance committee representing every race group. This committee will fight not only the Group Areas Act, but all oppressive legislation. Durban City Council wants to rob us of everything we have saved. There is no Christianity or justice in thegroup Areas Act. The only God in it is the God of Greed. We have a classic example of British justice in the Suez Canal. Egypt had every right to nationalise the Suez Canal, but the British robbed them of it. These aggressors do not remember that they are living in a new age, an age when the common man wants to live without exploitation, slave labour and colonial oppression. Group Areas Act discussed by Dr, Donges in Parliament, How Group Areas Act worked in Ladysmith. Mr. Osborne, the day after he became mayor, disclosed that the City Council was going to build hundreds of houses for Indians in Merehank, to house 50,000 Indians. It's O.K. if they want apartheid. Let them have it. But they let us pay for it. They expropriate land from the Indians at a ridiculously low figure and then sell it hack to them at an enormous price. Appealed for unity so that Indians can prevent these robbers from taking what is legitimately theirs. You must stand by your Congress. You must carry this message to all your relatives and friends. Your first duty is to your congress. Prevent the weaklings from selling the people. Do not work with the Group Areas Act. Do not submit any plans for this Act. Then a united Democratic Front. You see here today a small measure of it." Thereafter A.P. Govender spoke again. He apologised because supplies of New Age had not yet been received. Were to have been sold at this meeting. Now call on Stephen Dhlamini to address you. Stephen Dhlamini is also one of the Accused. (128) "Afrika, criticised British Imperialism, stresssd why the European wanted a surplusof labour

30 so that they can pay you what they like. Stressed that everybody must unite under the banners of the Congress and the Trade Unions and the Liberal Party. Our future is at stake. We are the only ones who can defeat the Group Areas Act. I bring also the greetings of the A.N.C. They are behind you." Omit the remarks of Govender and also the speech of Paton that followed Govender's remarks. Will you read the remarks of Govender that preceded the speech of Hurbans? Govender said;"i call on the Chairman of the Vigilance Committee, Mr. Hurbans to address you." Mr. Hurbans is also one of the Accused. Read the speech of Mr. Hurbans? "The Government intends to ruin you. That cannot be refuted. The Government has made up its mind. In Johannesburg 100,000 people have to move in 12 to 24 months from the places where they are now settled. The people in Johannesburg have decided not to move. see what the Government are going to do about it. in Johannesburg do that, then we must also stay. They want to If the people We cannot compromise over the matter. We must continuously attack this Act and show that it is wrong. We will have to make sacrifices so as to make a living possible for the next generation." Then A.P. Govender called on Mr. Errol Shanley of the Congress of Democrats. Errol Shanley said; ("I am proud to be here in such distinguished company. Men with principles. In South Africa today the majority of the people are talking about fighting for this or that. We hear a lot about race inferiority. That is a myth, a lie. Men are men wherever they may be. All the racial discriminatory acts go out from the understanding that the non- European people are inferior. That is why we must fight it tooth and nail. Sugar industry is a disgrace to this province of Natal,, The real British sugar barons are to blame for the conditions under which the Indians in the sugar industry are to live.j He attacked the Group Areas Act. Said successive governments have

31 introduced such laws to uproot people and to take them away from their areas. All races in South Africa are going to "be vitally affected by their Gestapo Group Areas Act. basis of that Act is rotten and smells of injustice. The whole It must be quite clear to all of you. Riverside is just one little area affected. Already action has been taken against people in various areas. You who are here will feel personally the effects of the Group Areas Act when this area has to be cleared of Indians. In South Africa there is a gradual change in the minds of many Europeans. I know that many of them feel sorry for what the Government today does in their name. We of the Vigilance Committee must propagate that everybody works on the basis that South Africa belongs to all the people in this country, irrespective of race, colour or creed." Omit the remarks of Govender, the speech of Hill, and read the last remarks of Govender? My notes end with the speech of C.K, Hill. Have you by any chance got a further portion of my notes with you? No, I have no papers other than the transcript. Have you the envelope in which the notes were? I think there should be another page, bee se I would have noted at what time the meeting stopped. Actually I should now lay the foundation for the admissibility of the transcript of this witness 1 notes, in order to enable him to refer to that last portion. I wonder whether my learned friends will agree to the witness referring to the typed copy? BY MR. COAKER; No objection at this stage, Sir, EXAMINATION BY P.P. CONTD.; Then will you just read the last portion of Govender*s speech from the notes on page 3 of the transcript? "Appeal by women to assist those protesting at Pietermaritzburg on Wednesday 28/11/56. Called for question. "hen no questions were asked, he read a resolution condemning the Group Areas Act which

32 is aimed at the Indian people. on people not to work with it. of 100,000 people in Transvaal. Calls for its repeal and calls Also protests against the removal Resolution carried unanimously. Thanked everybody for their presence." Meeting attended by about 300 people, mostly Indians. Closed at 4.55 p.m. (Notes handed in G.484, and Transcript G.485.) (No further questions) CROS S-EXAMINSD BY MR. COAKER; Apart from the speeches which you have already read, was there a speech also made by Mr. Alan Paton, the chairman of the Tjiberal Party? Yes. Look at your notes, I want you to refer to your notes of Mr. Paton's speech? Yes. It sayss "Group Areas Act one of the most evil pieces of legislation ever passed. My organisation opposed to it. Will read to you from the Declaration of Human Rights. Freedom of movement, residence, etc. It is because I am a Christian that I am standing here before you, fighting the Group Areas Act. I say there must be unity with the white people also. They are going to suffer spiritual sins for what is going on in this country today. I am concerned about the future of the children standing here today. The technical sub-committee of the Group Areas Act has recommended that all these areas where we are standing today are going to be European areas. Most of the Group Areas Act is an evil purpose. The Government first appointed a committee before the passing of the Group Areas Act. Their report said that there appears to be 'an ever-growing demand for the repatriation of the Indians. If one day some of us have to answer before a higher tribunal for our sins on this earth, then the members of this particular committee will certainly have a lot to answer for. Mr. Marais, the leader of the Nationalist Party in Natal has said that the Indians will be glad to leave South Africa as a result of the Group Areas Act. The lawyer of

33 of the City Council in Klerksdorp has said that is time the Indians learned to soil their hands. At Ladysmith the Group Areas Board decided to consider its own proposition, discussed the effect of the Group Areas Act in Durban and Johannesburg. Complimented Hurbans on his able chairmanship of the Group Areas Act Vigilance Committee. We are not fighting the Group Areas Act, we are fighting the whole idea that you can meet out special treatment to anyone on account of his colour." Does that correctly reflect your notes of Mr. Baton's speech? Yes. Was a speech also made by Mr. C.K. Hill of the Liberal Party? Yes. (No further questions) MR. SLOVO: NO QUESTIONS; NO RE-EXAMINATION: WILLEM BURGER TRUTER, duly sworn, EXAMINED BY P.P.: Are you a detective head constable in the S.A.Police, attached to the Security Branch, Durban? I am. On 24/9/54, did you attend the unveiling of a monument in honour of Chaka one of the earlier Zulu kings, at Stanger, Natal?-- I did. Were any pamphlets distributed at that meeting? Yes. Who distributed them? I saw Abednego Ngcobo, one of the Accused distributing these pamphlets. (143) I also saw Dr. Conco and M.B. Yengwa in possession of a number of these pamphlets. Is Dr. Conco one of the Accused? They are both accused. (No. 127 and M.B. Yengwa is No. 151) Are these the pamphlets that were distributed? (Handed to witness) Yes. Entitled "This Call to the Congress of the People? / That is right. (Handed in, G.486)

34 Did you then take possession of them? I did. Can you see how many people attended this oecasion? There were about 2,000 people present. (No further questions) CROSS-EXAMINED BY MR. COAKER; I am uncertain of the date of this? 29/5/54. You said the 24/9/54? Yes. Which is correct? I am sorry 24/9/54. How do you know? I had a look at my statement; I cannot remember at all. Does it not appear on your notes? No, I did not take any notes. (No further questions) CROSS-EXAMINED BY MR. SLOYO: Is this the only unveiling ceremony that you attended in the course of your duties as a member of the Security Branch? That is the only unveiling ceremony. Eor what purpose did you consider it necessary to attend this unveiling ceremony? We attended this ceremony in the course of our duty. Did you attend the ceremony when the statue of Paul Kruger was unveiled, in the course of your duties? I did not. Do you know whether any members of your Branch did so? Yes, it was attended by members of the Branch. Eor what purpose, do you know? In the course of their duties, I suppose. In the course of what duties did you attend this unveiling ceremony? We attended to see if there were any contraventions of the law. What? Any contraventions. Did you.'... were there any uniformed police there? Yes. Were they not adequate to preserve law and order?

35 Yes, they were. Tell me, I understand that various other organisations and individuals distributed pamphlets and publications at that unveiling? I did not see any. I am given to understand that the Liberal Party gave out leaflets there.? I did not see them. It is possible. Is it possible that other political groups also distributed pamphlets there? I didn't see any. Where did you get these leaflets from? Those leaflets were taken from Dr. Conco and M.B. Yengwa. All of them? All of them. Was one not sufficient? No, on instructions of Capt. Lamprechts I took the lot. Do you confiscate property on the instructions of your superior? Yes. Without any authority? He gave me those instructions and I took possession He just gave you instructions to do what? He told me to take possession of those leaflets. Was he there? He was there. So you are suggesting that you yourself are not responsible for this confiscation, that you acted merely as a servant for your superior officer, is that your answer? No. BY THE COURT: I don't think you can argue with the witness, Mr. Slovo. He has stated the facts. I think that is as far as you can take the matter. BY MR. SLOVO: Well, Sir, I just wish to take it one bit further in one respect, and that is, I would like to ascertain from the witness under what authority he confiscated so many of these leaflets in the possession BY THE COURT: Does it really matter, for the purpose of evidence Mr. Slovo. BY MR. SLOVO: Well, Your Worship, at some stage in the course

36 of this enquiry, the Defence, and I certainly will endeavour, to lead some evidence to indicate the whole character and nature of the Security Branch of the S.A. Police; their behaviour in relation to their investigations into the activities of myself and other Accused, and generally evidence along the lines which has already been indicated, Sir, in the opening address by my learned friend, Mr. Berrange, and therefore BY THE COURT; In what way would that be relevant? I know that Mr. Berrange did mention something about that. In the first place, would the evidence be excluded because the police acted unreasonably, or even without warrant. BY MR. SLOVO; Sir, generally speaking in my submission if the Defence manages to establish, as it hopes to establish, that the procedure adopted by the Special Branch as a whole in investigating this whole charge, which I am facing, and the bulk of the Accused are facing, is a procedure which smacks of if I might use the colloquialism a trumped up charge; the character and the actions of the Security Branch of the S.A. Police generally in the course of their duties would have some bearing on such an allegation. if BY THE COURT: The Court would have to decide first of all/the evidence placed before it is correct, and in the second place the Court will have to decide, if th.t evidence is correct, whether the case the Crown is trying to establish has been made out. I doubv whether that investigation which you have in mind would assist the Court. BY MR. SLOVO: If it can be established, Sir, in this Court, I am not suggesting that Your Worship has or has not come to a conclusion at this stage Your Worship has I presume not come to any conclusion one way or the other, but if it should be established by the Defence that the authorities, acting through the Security Branch of the S.A.Police, did what I suggested, that is manufactured, for other purposes

37 BY THE COURT: The Court can only come to a conclusion on the fact placed before it, BY MR. SLOVO: In my respectful submission, a most relevant fact is generally the behaviour, what I will submit is the completely illegal, arbitrary and tyrannical behaviour of the Security Branch in relation to the Accused, has certainly got a bearing on whether your Worship is going to accept other evidence. BY THE COURT: Might I suggest that tyrannical behaviour in itself would not imply that the charge was trumped up. BY MR. SLOVO: Well, Your Worship, all I am submitting at this stage is that it will have a bearing on whether Your Worship is going to accept the other facts as set forth by member of the Security Branch. If Your Worship does come to the conclusion as the Defence will endeavour to see to it that Your Worship does, that the charge which has been preferred against the Accused, against myself, is a charge without any foundation whatsoever, was laid that motives other than the furtherance of the ends of justice, and that the Security Branch was the party mainly responsible for proceeding in that manner, then in my respectful submission the particular evidence, the detailed evidence, given by members of this Branch is immediately suspect. I am not saying that by virtue of that fact alone Your Worship must digest every little detailed fact which is attested to by every member of the Security Branch, but it jwill Sir provide the background against which this Court will eventually have to decide the issues, and that is all that I am saying at this stage, and hence the legal action of the policeman who has given evidence, and who has not only given evidence about technical matterj, but has given evidence of what people have said. And whp,t people have done. And his behaviour as a police officer surely has some bearing on his veracity,or his general character. It may not be conclusive, and the approach,

38 and this is fundamental, the approach to this particular investigation, this charge of high treason. BY THE COURT: I must say that up this there hasn't been any real attack on the methods and the approach of the police. Mr. Berranged did suggest that that would be his contention, hut so far the Defence have been quite quiet about it. I am quite surprised that this line is now taken. I can't allow an attack on the police if it is found to be irrelevant to the inquiry. BY MR. SLOVO: I may say that as a whole I am not suggesting that Head Constable Truter as an individual decided to take it into his head to arrest 156 people for high treason and therefore decided on some nefarious plot to effect his purpose. I think those responsible might be before the Court at a later stage, when the Defence discusses the matter further and decides in what form the evidence will be presented. But the issue I am raising now is, in a sense, a collateral issue, because if it is at some stage going to be suggested as I am sure it is going to be suggested in the form of concrete evidence in cross-examination, that what my learned friend Mr. Berrange said at the outset, has some foundation in fact, then I submit that I have the full right at this stage to suggest to the cogs in this machine that they were a party, whether directly or indirectly, to this general scheme. BY THE COURT: I can understand what you are driving at, but I don't know whether it is your best line of investigation, whether it would help at all. There may have been high-handedness on some occasions, but that wouldn't prove anything, that the police acted without any justification at all. BY MR. SLOVO: Sir, I don't know if I have expressed myself clearly. I am not merely suggesting that the police in this matter or the authorities responsible for placing the case before Your Worship, I am now not even referring to my learned

39 friend as an individual prosecutor I am not suggesting that they acted high-handedly in one or two respects and therefore the evidence as a whole must be rejected. is, at the outset of these proceedings, The only suggestion in reply to Mr. Van Niekerk's address, Mr. Berrange, who spoke on behalf of all the Accused, including myself at that stage, indicated that it would be shown by the Defence at a later stage in these proceedings that the charge against the Accused is in the nature of a frame-up, that it has been laid in order to serve ulterior political purposes of the ruling party of South Africa, and in my respectful submission, if there is any foundation at all in that allegation, then to test it, it is relevant to show the behaviour of the instruments that have been mainly responsible for effecting the arrests, for carrying out the investigations, that is, the Security Branch of the South African Police. BY THE COURT: I still say that evidence of high-handedness in isolated cases wouldn't tend to prove the aspect of the case that you deal with. BY MR. SEPVP: Not alone, it is just one factor. There is no one single factor in a Court of law as Your Worship is well aware which is conclusive standing by itself. Generally one has to take distant aspects of detailed evidence and weigh them up one against the other, and I am not submitting that my line of cross-examination is conclusive, or that if, at the end of this the witness makes a sort of admission that I want him to make I will apply for my immediate discharge. I am not suggesting that at all, Sir. All I am suggesting is that it is a relevant one of the relevant facts, which Your Worship will take into account I may indicate too, Sir, that very many of the witnesses, particularly those who are responsible for handing in the documents have not been cross-examined. I am not suggesting, Sir, I am not giving an undertaking on behalf of any one other than myself, that these people will be cross-

40 examined at a later stage, and that attempts will be made in more detail to pursue the sort of line which I am attempting to pursue with this witness, but the fact that it hasn't been pursued with other witnesses, to the same extent that Your Worship expects it, does not necessarily make my questions in the case of this witness irrelevant. BY THE COURT: You may proceed, but I will have to go into this matter again and hear the Crown's attitude in the matter. CROSS-EXAMINATION BY MR. SLOVO CONTD.: You told us that Capt. Lamprecht gave the instructions and you carried out those instructions? That is right. Can you of your own knowledge give any explanation as to why Capt. Lamprechts had given you the instructions to confiscate that innocuous document which has been placed before the Court? BY THE COURT: I think you shouldn't beg the question. Leave out the word 'innocuous'. CROSS-EXAMINATION BY MR. SLOVO CONTH.: Sorry, Sir. That document which is before the Court? I can explain that. Captain Lamprechts spoke to these people and told them that permission had been granted to the Chaka Committee to have the unveiling, provided they don't have any politics at this unveiling. Who gave them that permission? The Town Council of Stanger. And are you aware of the facts that this condition was attached, that nobody could give out a leaflet at that unveiling ceremony? No, I cannot say. (No further questions) RE-EXAMINED BY P.P.: What was your attitude in regard to the distribution of these documents did you regard these documents of a politi-

41 cal nature or not? Yes. BY THE COURT: Yes, that is the witness' opinion, of course. It may merely prove his state of mind. BY THE P.P.: That is what I understood my learned friend to he BY THE COURT: I think he dropped that point., hy omitting that one word, innocuous, the offensive word. BY THE P.P.: I won't take it further then, Sir. (No further questions) (NATAL MEETINGS NOW CONCLUDED.) PETRUS JOHANNES COETZEE, duly sworn. (8/2/1956) EXAMINED BY P.P.: You have previously given evidence in this case? Yes. On 8/2/56, did you attend a meeting that was held in the Trades Hall, Johannesburg? I did. By the S.A. Congress of Trade Unions? Yes. What time did this meeting commence? At approximately 3 p.m. In which hall,? In Halls Nos. 3 and 4. Who was the chairman? Native male, Leslie Masina. Did you take down speeches at this meeting in shorthand? I did. Afterwards did you transcribe your notes? I did. Have you the transcript in front of you now? I have. Did you make a search for the original shorthand notes? Yes. Were you able to find them? No. Will you read from that transcript and say what Leslie Masina said? Leslie Masina: He is one of the Accused. (34.) ' "Fellow Africans, I want you to stand up and sing the national anthem." Singing of Nkosi Sikilele Afrika. Leslie Masina continued: "Fellow workers, I am going to appeal to you to

42 help us with an interpreter." Robert Resha, he is one of the Accused thereupon went up to the platform and interpreted.(63) "Some of our fellow Africans don't understand English well. This meeting has been called by the S.A. Congress of Trade Unions. attend. It is an open meeting and everyone is welcome to You will have read in the paper that the Minister of External Affairs has ordered that the Russian Consulate in Pretoria should close down at the end of this month. They mustleave the country. He gave his reasons in Parliament, and they are very vague as far as the working people of South Africa are concerned. The workers of South Africa are looking forward to peace. As you all know before the end of the last war the Soviet Union has no diplomatic relations with the Union of South Africa. But the workers of South Africa demanded that the South African Government of the time should open up relations with the Soviet Union because the Soviet Union was an ally of those who fought against Hitler during the war. Apart from what happened, it is very important that South Africa should have diplomatic relations with all other Governments in the world so that we ca.n exchange culture and trade, and many other things, and by so doing it should be promoting further peace in the world. We have heard that there was some trouble in the Middle East and that the Soviet Union is being blamed for causing trouble in the Middle East. Of course, we know that is not true, thesoviet Union stands for peace. It does not want war. So are the working people of South Africa, They don't want war, they want peace, but the Government is not interested in seeing that peace is being promoted with the other Great Powers of this world. You have heard that the Soviet Union is making trouble in the Middle East and I have said it is not true, because the Soviet Union wants to open up more diplomatic consulates in many other countries of the world. has already come to an agreement. With Libya the Soviet Union They are now going to open up

43 diplomatic relationship. Now, we have got speakers that will address you this afternoon on the request of the S.A.Congress of Trade Unions. We have got Mr. Hutchinson who is a member of\ the executive of the African National Congress. We have got Mr. Beyleveld, President of the S.A. Congress of Trade Unions, we have got Dr.Moosa, joint secretary of the S.A. Indian Congress; we have got the Rev. D.C. Thompson, who is the chairman of the S.A. Society for Peace and Friendship with the U.S.S.R. They are the gentlemen who are going to speak to you this afternoon. Without wasting your time I call upon Mr. Beyleveld to address you." European male, P. Beyleveld, thereupon spoke. He is one of the Accused (6). pmr. Chairman and Friends, I j have "been asked particularly to give you a "brief history of how the Soviet Consul came to be invited to South Africa. In 1941 after the invasion of the Soviet Union by Nazi Germany, by the forces of Hitler, the request was made by the Mends of the Soviet Union, as they ware then called, to the Government of South Africa, to establish diplomatic relations between the two countries. After some negotiations, however, the South African Government turned down the request of the Friends of the Soviet Union. The Friends of the Soviet Union then launched a nation-wide campaign in South Africa to back up their request. I was not in South Africa at that time. I was overseas during war. But I was told that one of the biggest meetings that was ever held in Johannesburg, was held over this issue. In 1941 as you know, people were much more friendly towards one another, towards other nations with hom they don't agree ideologically. As a result of which, this campaign received wide support throughout South Africa. So much so, it received so much support that this Government had to take notice. The Friends of the Soviet Union during that campaign received a telegram from the late Field Marshal Smuts, the late Prime Minister of South Africa, in which he requested them to call of their campaign and that

44 the Government will grant their request, I want you to particularly hear in mind that it was the same people living in South Africa at that time who forced the Government of the day to ac- cede to their request. Anyway, the request was acceded to and an invitation was extended to the U.S.S.R. to send a consul to i i South Africa, as a result of which the Consulate was established. South Africa, however, did not reciprocate. It did not send a diplomatic representative to the Soviet Union. The Friends of the Soviet Union again negotiated with the Government on this particular issue, hut in spite of their request, a South African consulate was never established in the U.S.S.R. Now, Mr. Louw, you will recall his statement when he told Parliament of the notice to the Russian Consul to quit. He said that one of the reasons was that there was no need for them. It is true that there is indeed very little trade between the U.S.S.R. and South Africa, but those of you who have studied world affairs will know that this is certainly not a fault of the Soviet Union. That the U.S.S.R. is keen to establish trade relations with other countries. What little trade there is between the U.S.S.R. and South Africa, has so far been done through third parties, which means that South African firms have lost. at least, have lost. The wool growers,! But the important thing is how valid can this reason be given by Mr. Louw when the whole world is trying to establish peace between various countries. There is continuous efforts by all the big powers in the world at this very moment to end the cold war and bring about a period of peace. And it is in this light that everyone is trying to establish j peace, that our Government dismisses the diplomatic representative of another nation. Mr. Louw goes much further and mentions some serious allegations against the consul. We don't know, we have not heard any of the evidence he has got, but some of us in this hall have had had experience of the type of accusations tha.t this Government is fond of making. Quite a number of

45 us have had our homes raided on allegations that we have committed high treason, and we know how little foundation there is for that allegation, and I say, Mr. Chairman, that we can draw the same inference as far as the allegation hy Mr. Louw is concerned, we can draw the same inference. Mr. Louw even complained about the annual parties given the Russian Consulate. I have attended those parties and I think they were nice parties. Let me say this, they usually took place under very close police supervision, so I don't think we should take that particular complaint seriously. The point I made a little while ago, and with which I wish to conclude, is that it was on the insistence of the people of South Africa that trade relations were established between South Africa and the U.S.S.R. and the people should certainly not allow that consulto be sent back without having their voices heard." The chairman, Leslie Masina, spoke: "I call upon my second speaker, Mr. Alfred Hutchinson:"- Is Alfred Hutchinson one of the Accused? He is one of the Accused, a native male. (11) "Mr. Chairman, Sir, and Friends: What a country and what a time. We are being fed on a diet of lies and slander and the slogan seems to be, the bigger the lie the better. We have gone through a period of poison wells, but none of us have died. Communist arsenals have been discovered in some mysterious part of the country. There is talk of plans to blow up industrial plants. There has been talk of high treason. Our homes have been raided and now there is talk of the Russian Consul inciting the non-europeans, but the Nationalist Party forget that they are inciting the people of South Africa. We the people of South Africa desire peace and friendship with all people of the world, except with those who like the Nats, are the enemies of the people. We view this action of the Minister of External Affairs, and indeed of the Government, as a betrayal of the cause of peace. We view it as a betrayal of the cause of world friendship, and we regard it, we

46 have no illusions, we regard it as just one of the Acts of the Government to further deprive the people of South Africa of our rights. After this, what next? Probably this is a preparation for a more vicious assault on the rights of the people. The Communist Red Harry will he moved next to the credulous noses of the people of this Country, I mean the Nationalist supporters. There is no grain of truth in what the Soviet Consulate has he en accused of. The Nats, stand exposed to the people in fact for what they really are. The people know the Government for what it stands for. We have no illusions and on "behalf of the African National Congress, a body which like its sister body, is committed to peace and friendship with all the peoples of the world, I protest strongly against this unwarranted act of the Government and we voice our strongest disapproval of this act, and we say to this Government we are not a party to what you have done, we want peace and we want friendship and we will struggle for it at all times. Mayibuye, Afrika." The chairman, Leslie Masina, again spoke: "I can see that you enjoyed what Mr. Hutchinson has said, what he has been saying, that is what we want. The next speaker is Dr. Moosa." Dr. H.M. Moosa spoke, he is one of the Accused. (No. 45.) His speech was interpreted into a native language by native male Lancelot Makosi. "Afrika, Mr. Chairman and Friends. You have heard quite a lot from the speakers that spoke before me. I do not want to find myself repeating what they have said, but I want to say a few things. First of all, on behalf of the South African Indian Congress, I want to voice our strongest protest against the closing of the Soviet Consulate by this Government. Let us look for a moment at the reasons Mr. Louw gives for this particular action. We all know that diplomatic relations between countries in the world is always there to foster peace and friendship, but friends, look at what Mr. Louw says, and above all, remember this, he expects us to believe it. This is what Mr. Louw says, in his own words: "In

47 closing the Soviet Consulate the Union Government is satisfied that the Soviet Union Consulate is not interested in peace and friendship, and the well-being of South Africa, and we have decided that it should he discontinued. I agree with my friend over there " A member of the audience had shouted "Nonsense." " because I think it is absolute rubbish. The other reason Mr. Louw gives is that there has been incitement of the non-europeans against the Europeans. What greater incitement can there be than to drive 600 children into the streets without education. There is not a shred of evidence for any of these allegations by Mr. Louw, I challenge Mr. Louw to bring us any such evidence. I can include that challenge to Mr. Swart about the poison wells that Mr. Hutchinson has spoken about. The Soviet Union is beyond any question of doubt extending its hand to the world for the sake of peace and friendship. I want to quote to you again from a high official of the Council of the Supreme Soviet. This is what he said: We believe that the establishment of normal diplomatic relations will provide the opportunity to reach agreement on other forms of contact. Not only trade and other forms of technical contact, co-operation, but also cultural contact. He was asked if Russia might establish relations with the Gold Coast when they have attained independence. This is what he said: Why not establish relations? I assume that normal diplomatic relations with people are not possible without co-operation from both sides. The other day Mr. Louw spoke about friendly contact with the other African countries. Is this one way of showing one's idea of friendship with the other countries. This action of the Government beyond any doubt is against the course of world peace and friendship. We demand therefore that Mr. Louw re-opens negotiations with the Soviet Union to open their Consulate again." The chairman Leslie Masina: "I am now going to call upon my last speaker, the Rev. D.C. Thompson. I think he is well known to

48 most of us in this hall this afternoon* He is one of those Ministers of religion who is prepared to fight side by side with the oppressed of this country and I have no need to 1s11 you that he is a proper Christian. I therefore call upon him to address you." The Rev. D.C. Thompson spoke, he is one of the Accused. (No. 78) "Mr. Chairman, members on the platform, friends, Afrika. Africa and the world which includes the Soviet Union, that is important, is it not? My dear friends, I came here this evening to register my disapproval in two respects. I disapprove of the closing of the Russian Consulate in South Africa, first of all as the chairman of the S.A. Society for Peace and Friendship with the U.S.S.R., and secondly as a Christian minister who has studied world affairs and who has studied the intricate problems of our modern world. Any speaker who speaks on any subject relating to the Soviet Union is at once confronted with three difficulties. First of all, the bigness of the subject; secondly, the unfamiliarity with many people and thirdly, last but not least, the great mass of prejudices and fears of half-truths and untruths amongst the people. I have been chairman of the S.A. Society for Peace and Friendship with the U.S.S^R. for many years now. capacity. I have regarded it as a privilege to serve in that I have got to know the people of South Africa very well through many activities in which I am interested, and involved in in South Africa. It has been a joy throughout the years to work with the progressive people in this Society. What have been and what still are the aims of this Society? Firstly, the promotion of closer trade cultural and economic relations between South Africa and the Soviet Union, No. 2, the spreading of the truth about the progress and the development of the Soviet Union, and No. 3, last but not least, to build peace and friendship between the two countries. This society has been founded in existence for over 25 years now. Somebody should come and

49 congratulate us on our fourth jubilee. It has been a society and still is which counteracts the insidious propaganda perpetrated in the Union, propaganda which works only on the emotions of uninformed people. The Society has been a free Society. People can join or not, there is no compulsion, except the illumination of man. It is a free Society for the purpose of building friendship between our two countries. These objectives and these aims have been asserted and re-asserted, time and time again throughout the history of this Society, and in the circumstances of South Africa, we have made known our aims and our purposes through literature, through the press, by exhibitions and through cinema shows. available to modern man. We have used all the techniques It is supremely a society for peace and friendship." COURT ADJOURNS TO 9/5/57?

50 COURT RESUMES 9/5/1957. MR. COAKER ADDRESSES COURT s Accused Absent : Position the same as on 8/5/57. In Addition : No. 131, Hurbans, medical certificate to be handed in later. PETRUS JOHANNES COETZEE, duly sworn, EXAMINED BY P.P. (MR. VAN PER WALT) : Yesterday when the case was remanded you were reading from the speech of the Reverend D. C. Thompson. Is that correct? Yes. Will you continue where you stopped? It is still the same speech of the same speaker? "now, we regard the closing of the Consulate in Pretoria as a retrogressive step. Not only as a retrogressive step, as an unfriedly act, and an act not calculated to further the ends of peace and understanding in our unhappy world. It is becoming clearer to thinking and intelligent people that we live in one world. One world economically. We are dependent one upon another in trade and in cultural relations. Politically we are divided into nation states and do you remember the definition of a nation? A nation it is said himourously, a nation is a society united by a common error as to its origin, common aggression against its enemies. I would like you to remember that definition. There are some of us who see beyond the national situation. There are some of us who see the African situation. There are some of us who think of the East-West position and some of us by the grace of God have worked, and are working, for a better relationship between East and West. You know, to be humourous for one moment, it is said that every duck thinks that its pond is the univers. Well, what is right for a duck is not right for a man, and I do hope that we will not continue with a duck mentality. Both and Soviet Union and

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