IN THE MAGISTRATE'S COURT FOR THE DISTRICT OF JOHANNESBURG HELD IN JOHANNESBURG

Transcription

1 PREPARA TO RY EXALIINA T10 N IN THE MAGISTRATE'S COURT FOR THE DISTRICT OF JOHANNESBURG HELD IN JOHANNESBURG IN DIE MAC-ISTRAATSHOF VIR DIE AFDELING VAN JOHANNESBURG GE, HOU TE JOHANNESBURG BEFORE MR. : VOOR MR, : F.C.A. WESSELS REGINA VERSUS: KONINGING TEEN: FARRID ADAMS AND OTHERS CHARGE AANKLAG: HIGH TREASON FOR THE CROWN: VIR DIE KROON: MR. J.C. VAN NIEKERK* MR. LIEBENBERG FOR THE DEFENCE: VIR DIE VERDEDIGING: Mr. V.C. BERRANGE MR. COAKER MR. WEINBERG MR. ROSENBERG Q.C MR. MAISELS Q.C. MR. Z7/ARENSTEIN INTERPRETER: TOLK: VOLUME PAGES

2 COURT RESUMES 3QTH, JULY, APPEARANCES AS BEFORE : MR. COCKER ADDRESSES COURT ; Accused Absent : Position same as on 2gth July, In addition : Accused No. 146, D.A. Seedat, and No. 62, Mary Rantha. Medical Certificate relating to No. 96 Annie Selinga handed in. ISAAC SHARP, duly sworn? EXAMINED BY THE P.P. : Did you make notes at a meeting held on the 14th October, 1956? I did. "/hat meeting was it? A Regional Conference of the A.N.C. of the Western Areas. Where was it held? ^t the Kingsway Cinema, Sophiatown. Were you on observation duty there? Did you make a list of names of persons whom you saw at the Conference? I did. will ycu go through your list and mention the names of Accused persons? E. P. Moretsele (46); R. Resha (63); Patrick Molaoa (42); P. Nokwe (56); Helen Joseph (13); Suliman Nathie (50); Piet Makgofi (26); Sampie Malupi (31); Bennet Seitshiro (64); Aaron Mahlangu (24); Theophilus Musi (40); Suliman Esakjee (9); Simon Tyiki (75); Andries Chamile (8); Fish Kietsing (15); Ida Mtwana (49); Joe Matlou (38); Henry Tshabalala (77); Henry Gordon Makgoti (29); This concludes the list. And at th- same meeting, did you take possession of seven documents? I did. Which you are now going to hand in? Before I get xo the documents, you hand ih your notes EXHIBIT G. 904? - I do.

3 Now the first document EXHIBIT G. 905, what is that? That is a placard. Just read it? Come to the Western Areas All-in Conference on Group Areas Act, Section 10 of the Urban Areas Act at th^ Kingsway Cinema, Main Road, Sophiatown, Sunday, the 14th October, 1956, 9 a.m. Is there an indication by whom it was issued? Issued by the W. A. Anti-Groups i^reas Committee, 37 West Street, Johannesburg. The next document EXHIBIT G. 906, what is that? That is the hand bill concerning the same conference. Announcing the same Conference, is that correct? The same wording as on the placard. The next is EXHIBIT G. 907, what is that? 3eohaba ; That is the title of the document, the bulletin. By whom was it issued? Is there an indication? It is a bulletin of the Transvaal African Rational Congress. The next is EXHIBIT G. 908, what is that? The Counter Attack, Bulletin of the South African Congress of Democrats Is there a number onit? x here is a date. August, The next is EXHIBIT G. 909? Also Counter Attack, No. 1, And ths daie? 27th August, Issued by? The South African Congress of Democrats. Where dia you find these documents? The placard and the handbills were being distributed by people. Where? placards were being distributed at Newclare. And the other documents? from a person whom I know by sight. The Counter Attack I got I don't know the name of that person. ' ''/here? That was on the day of the Congress, outside

4 the Kingswqy Cinema. And the Sechaba? At the Congress? It was bc-ing sold. By an unknown person outside the Kingsway Cinema. EXAMINATION BY P.P. CONTINUED : ( ) Did you make notes at a meeting held on the 11th November, 1956? What meeting was it? It was the African National Congress Women's League. Where was it held? At the Isaac Mavison Hall, Jabavu, White City. Did you again make a list of names of persons who attended the Conference? I did. Will you go through your list and mention the names of Accused persons? Marks Shope (68); Andries Chamile (8); Sampie Malupi (31); Ida Mtwana (49); Philemon Mathole (37); P. Nokwe (56); Aaron Mahlangu (27); Helen Joseph (13); Bertha Mashaba (36); Lilian Ngoyi (52); July Mashaba (35); Fish Keitsing (15); N. R. Mandela - he came there in the vicinity, he didn't enter the hall (32); He brought Bertha Mashaba to the meeting, by car. A. M. Jathadra, also came there, he brought Sophie Williams by car - (Kathadra - 18); Obed Motsabi (47). That concludes the list. You hand in your notes EXHIBIT G. 910? I do. You hand in document, EXHIBIT G What is it? The Presidential Address delivered by Mr. Lilian Ngoyi, xhe President of the African National Congress Women's League, Transvaal, at the Mavis Isaacs Hall, Jabavu, Johannesburg, on Sunday, 11th November, Where did you obtain it? It got it from an unknown woman. I bought it, in fact, and paid 3d. for it. At the meeting? Outside the hall, outsicie the meeting.

5 You hand in EXHIBIT G. 912, 'mat is it? It is the Second National Conference of the Federation of South African Women. It is a booklet. It is a report of some speeches made. The Second National Conference of the Federation of South African Women, held at the Trades Hall, on Saturday the 11th, and Sunday 12th August, A report of the main speeches and resolutions. I bought this document from the same person. I paid 6d. for it. Outside the hall., at Jabavu. NO FURTHER QUESTIONS. CROSS-EXAMINED BY MR. COAKER : The first meeting about which you gave evidence, I think you described as being a Conference of the African National Congress. Is that right? Yes, a Regional Conference of the Western Areas. May I look at that placard and those handbills which you say advertised this particular meetihg? That G. 905 and G I think from what you read out, t,hey clearly show that it was a meeting of some Committee against the Group Areas Act? You went to the meeting because you received this handbill and this placard? Correct. BY THE COURT s I think that he read out, according to my notes, that it is an All-in Conference relating to the Group Areas and Section 10 of the Urban Areas Act. BY MR. COAKER s That is perfectly correct. 'Come to the Western Areas All-in Conference on Group Areas Act and Section 10 of the Urban Areas Act.' At this particular Cinema on this particular date. 'Conference will be officially opened by Councillor R. J. Lewson". I think he is a member of the City Council. Is that right? Issued by the Western Areas Anti-Group Areas Committee?

6 Is the Western Areas Anti-Group Areas Committee the same thing as the Ifrican National Congress, or is it not? We were told the African National Congress Regional Committee. They were told That? By whom? Where? By the people who organised this meeting. Telling the people in the vicinity of Sophiatown and Western Native Townships, Ne?;clare, that it was called by the Regional Committee of the African National Congress concerning the Western Areas. Why didn't you say that in your evidence in chief? I read that in my notes. May I see your notes please? Exhibit G Let us get it perfectly clear. What did you read from your notes? I said the Regional Conference of the African National Congress... I know that is what you said. Did you read that out from your notes? Yes, I read it from your notes. BY THE COURT : Do I understand you now to say that the meeting was advertised in Newclare, the Western Areas, as the Anti-Group Committee? According to the reading at the bottom,' W.A.' I didn't know what it conveyed. BY MR. COAKBR : You didn't know what what conveyed? That 'W.A.' there. 'W.A.' where? At the bottom of the placard. What did you think it conveyed? Did you think it conveyed 'Western Region'? No. What did you think it conveyed, 'W.A.'? I didn't concern myself about it. Well, you read it out, you say, as meaning the Western Regioh of the African National Congre s. Is that what you said? No, I don't think so.

7 BY'HE COURT : Western Areas. Regional Conference A.N.C. Western Areas, is what you read. Did you interpret the letters 'WAA. 1 to mean Western Areas? I didn't interpret them at all. BY MR. COAKER 5 Let me tell you what you have got in your notes. At the top of the page you have got 'Regional Conference, W.A. Areas, Kingsway Cinema, Sophiatown'. On the next page you have got 'Regional Conference, W. Areas, Kingsway Cinema, Sophiatown'. On the next page you have got something like 'Regional Conf. W. Areas, Kingsway Cinema'. There is not a single word in your notes about the African National Congress. Not one? I didn't put it in, but I knew it was called by the African National Congress. You have just this moment said ohat it was in your notes, and you read out from your notes that it was called by the African National Congress? I added the words African National Congress. Did you say a moment ago that you read in your notes that it was called by the African National Congress? I did. It is not in your notes. Nov/ what do you say. What is your explanation now? I say it was called by the African National Congress. Will you now tell me why you say it was called by the African National Congress? Because it is not in your notes? Because it was known that it was called by the African National Congress. Made known to you by whom? By the people who were telling... What people? I wouldn't be able to indentify which people, but they were telling the people that th-= Conference is called by the African National Congress. You can't tell me who organised this Conference? No,

8 except the names I have read here in Court. Were they the people who organised it or the people who attended it? It was some of the people who organised it. Which of them were the people who organised it? I wouldn't be able to tell which people. Was Councillor Lewson one of the people who organised it?. He may be one of them. Do you know? I wouldn't say... I>o you know whether he was or was not one of the people who organised it? He took part in the meeting... Did he take part in organising it, is my question? He may have organised it. Did he or did he not, or don't you know? I don't know. I wish you wouldn't guess. you don't know that you don't know, I wish you would say when '//hen you said that he may have organised it, you were just guessing? He attended there and you wouldn't... I know he came there. I've read your notes. I have read the placard? You wouldn't attend there if you don't take an interest... BY THE COURT : I don't think that is logical. -Because a person who attends a Conference or a meeting, doesn't mean at all that he helped to organise it. He may have been invited to speak. BY MR. COAKER : Is it on the same basis that you say the persons who you read out as having attended may have organised it? Is that the basis on which you said that? I suggest to you that this was a Conference, an All-in Eonference organised by some body known as the. Western Areas Anti-Group Areas Committee, and not a Conference of any portion

9 or section of the African National Congress. 'That do you say? I wouldn't dispute that.. That is possible? Indeed, in the light of these handbills, it is almost certain, isn't it? Correct. You also gave evidence about another meeting? A meeting on the 11th November, 1956? Do you still remember this particular Conference on the 11th November, 1956? Which one is it. A Conference of the African National Congress Women's League, at White City, Jabavu? Yes, I do. Could I have the notes please, G You will remember that you referred to the accused N. R. Mandela. You said that be brought Bertha Mashaba by car and dropped her outside the hall? Do you remember that having happened, or are you merely speaking from your notes? I am speaking from what I read from my notes. You don't yourself remember today what happened at that meeting? I want my notes... All I want an answer to is the question, do you remember what happened at that meeting or are you relying solely on your notes? I can have a little picture of the meeting. Have you got an independent recollection, apart from your notes? I think I have. Do you remember Mr. Mandela remember comihg there by car? Do you remember who he brought? Bertha Mashaba, as I told the Court. Do you remember that or are you relying on your notes? On my notes. You are not relying on your memory? No, I am relying on my notes. Did you make these notes consequtively, starting from the moment you arrived and going straight through to the end?

10 You didn't turn back or add or alter anything afterwards? I don't think that I did. Can you remember whether Bertha Mashaba arrived at the meeting with Mandela for the first time? I would like to see my notes. Can you remember? I will refer you to your notes in a moment. Can you now remember whether Bertha Mashaba arrived at the meeting with Mandela for the first time? Is that when she arrived at the meeting? I wouldn't be able to tell you without my notes. I'll tell you what I have noticed about your notes. You made a number opposite each name that you noted, did you not?. And the number which refers to Mandela is presumably 32. It is between 32 and 33 that you have that note? I gave no number to Mr. Mandela. No, there is no number there, but between 32 and 33 you got a note '11.15 a.m. N.R. Mandela brought Bertha Mashaba by car and dropped her outside the hall'? Was that when Bertha Mashaba arrived at the meeting? Will you please turn to No. 20 in your notes? You have noted there,'no. 20, Helen Joseph a.m. with Bertha Mashaba and %s, Rahima Moosa and another unknown native women, pamphlets'? I think there is a little confusion there. She must hav~ been brought there and then left again, and then Mandela brought her the second time. That is what you think now, is it? '"here do you suppose she went away to in order to return with Mandela? I don't know. Have you any note that she left at any time? Between No. 20 and No. 32 in your notes? I have got here, before the name Helen Joseph '10.25 a.m.'.

11 I know that. Have you any note that Bertha Mashaba left the meeting at any stage? No, I didn't put it down. Have you any note that she left at all, with or without the time? She may have left that I didn't see her. Have you any note that she. left? No. So when you suggest that she may have left you are onoe again guessing? I am not guessing... You are once again guessing? - No. I saw her, she came there with Mr. Mandela. I deny that. She must have left before, Are you relying on your notes for that, or on your memory? I do rely on my notes. fj -'here is another possibility there to, isn't there? - What is that? That you may wrongly identified somebody as ^ertha Mashaba?* No. You may have made a mistake?. No, I know Bertha Mashaba well. I would never have made that mistake. How many persons of that name do you know? There is only one I know by Bertha Mashaba. So there is no possibility of your having made any sort of error? No. NO FURTHER QUESTIONS. NO REEXAMINATION. GERHARDUS PAULUS Vi.N PAPENDORP, duly sworn; 2x ( ) EXAMINED BY THE P.P. : You have already given evidence, is that correct? Did you make notes at a meeting held on the 26th February, 1954? I did. What meeting was it? Where was it held? A Let the People Speak meeting. In the Darragh Hall, Johannesburg.

12 About what time did the meeting commence? Approximately 7.45 p.m. Until when? 10.5 p.m. Who was the Chairman? Mr. Piet Beyleveld. Is he one of the Accused? Yes (6). Will you read what you noted down? 'Het vergadering ope verklaar en ges : ' he declared the meeting open and said 'Firstly I welcome all those banned by the Minister of injustice. The Courts are still on our side and the Minister of injustice not yet at liberty to do as he likes. Piet Beyleveld lees n telegram afkomstig van Solly Sachs uit Londen voor waarin die gehcor aangemoedig word om die stryd voort xe sit en daadwerklik op te tree en te volhard.' telegram from Solly Sachs in London, Piet Beyleveld read a Therein he encourages the audience to continue the struggle and to act. Who was the next speaker? Read what you noted down? Mr. Eli Weinberg. 'Verwys eers na mense soos Dreyfuss en Abraham Lincoln en gaan voort 1 - he referred to people like Dreyfuss and Abraham Lincoln and then continued - 'No sober Government will ban people. This Government is drunk with power. If you permit equality you are committing a terrible offence. The removal of the Western areas is deliberately carried out to deprive the people of their homes. The Nationalist program is one of banning the Trade Unions, the Liberation Movement and any kind of progressive, decency - of progress, decency, human ability and culture and understanding between different races. Their programme in South Africa is full of hatred and is found in every piece of legislation. The Minister of injustice, Blackie Swart, is using the sjambok and cat-'o-nine tails Against all people in this country. They have a policy of exploitation which is directed against the workers in South Africa as well as all workers. They want to introduce corruption. They arc leaders without guts. Strikes, the sole weapon of the workers are now illegal.

13 Capitalists can now turn workers into slaves. We are to have separate Unions for natives, coloureds and Europeans so that the workers cannot fight back. There must be no liberty for those prepared to fight for the worker. Our banning is only preliminary. Your slogan must be "This Government must go". Now is the century for the millions and not for the millionaires. The same thing happened under the Czars of Russia. We must start to fight just and right now. The signing of the anti-banning cards at the door is the beginning of our struggle. Let us mobilise all our people against this Government. Piet Beyleveld het met Weinberg gepraat en na die Speurders gewys waarop Eli Weinberg sy toespraak gestaak het, I'll translate : Mr. Beyleveld spoke to Mr. Weinberg after which he ceased his address. P. Beyleveld : A few days ago I had opportunity to sit in the House of Parliament, These Ministers are weak where they sit in Parliament. We are strong. We must continue. This Government must go." The next speaker? Oliver Tambo. One of the Accused. (74). Read what he said? Mayebuye Afrika. This Government must go. I believe in first come first serve. I came last but have to speak early. The intentions of the Nationalist Government has been clearly outlined by Mr. Weinberg with which I agree. Tambo lees artikel uit Star van in. verband met vrae aan Strauss gestel deur Verwoerd. Translate : Tambo read article out of Star of the in connection questions put to Mr. Strauss by Dr. Verwoerd. Then continued : South Africa is n*j t one of the civilised countries of the world. We are now at the stage where this Government deprives its opponents of their rights to oppose and by Act 44 of 1950, the Suppression of Communism Act. This Government can legislate to its desire. In Parliament Mr. Verwoerd wanted to know from Mr. Strauss how the United Party intended preventing the natives from wresting power from the Europeans. Now you

14 will know that Verwoerd is the chief oppressor of the natives. The blacks must be kept down and denied all opportunities for all times. But South Africa is not ye. a fascist country. The Government are very busy taking away the rights of the people and do not hesitate to deprive the people of the most elementary human rights. Firstly the Communist Party was banned, but now every one who expresses the views of the masses are banned. If we go out of this hall, there may be a new law and that is why I say time is of the utmost importance to us. You must act now. The Government enact laws after every pause. and Western. Is there white civilisation because it is white, A black civilisation can also be civilised. This is your country and your civilisation, nevermind what your colour is. You may even br born green. The people who are accepted white-ism are wrong. Freedom will not come by its.if. You must organise, work and prepare for it. You must struggle for your freedom. If you do not observe the signs of the times you must be mad. " r e must not sit down and t allow these lunatics to run the country. In his speeches Dr. Verwoerd incites the white people against the bfeck people, and one day he will be charged under the Suppression of Communism Act. I say to you, now is the time to act against the laws emanating from Cape Town. ' t7 hat is democracy. Is it like the system prevailing in this country today. It will soon be too late to organised. We must do something about it. What action would be possible in this country. The removal of the Western Areas to a meadow is an act ofsimple cruelty and done in the interest of white Souuh Africa. How are we democrats going to stop this action of the Government. Our answer is unity. Unity which will be the most effective measure to end this state of affairs. We must achieve this unity within one year. Through this unity we will ensure that this Government must go. I thank you. Piet Beyleveld : The

15 Government is afraid of Hilda Watts. She has worked for you in the past." Then Miss Hilda Watts was the next speaker. Yes, read? "First I want to read to you a list of suppressive Acts passed by the Government since I also describe the Government as lunatics. Hilda Watts lees baie vinnig van papier af en noem o.a. die volgende : I'll translate : Hilda Watts reading from paper very fastly and amongst others mentioned the following : Unemployment Insurance Act; Mixed Marriages Act, and unwarranted attack on the basic rights of the human being. Native Land Amendment Act; Amendment of the Immorality Act, old people married for donkeys yesrs can no longer stay together. Only non-europeans are prosecuted under it. Citizen Registration Act, to ensure the purity of the White race. Group Areas Act, aimed to ensure complete segregation of the different races. Suppression of Communism Act, aimed at by passing the Courts and the removal of the opponents of the Government. This Act places the most despotic powers in th= hands of the Minister. There are several others I could have included in the list. Hilda Watts brei breedvoerig uit oor bepalings van Kommunisme Wet. I translate : Miss Hilda Watts discussing fully the conditions of the Suppression of Communism Acx. The last mentioned Act is the purpose of this meeting, as you all very well know. So called native skilled labour Act. Africans no longer allowed to make the most minor repairs to places in White areas. The Coloured Separate Representation Act, to place the Coloured people of the Cape on a separate roll. They will be completely without the franchise. Native laws Amendment Act, African worker must obey his employer and perform his work without question. Passes Abolishment Act - the Government can now shift you where and whenever it likes. Public Safety Amendment Act, a piece of sadism. You are not allowed to protest against any law. The Notorious Native Labour Settlement of -disputes Act, will keep the Africans down because

16 strikes are now illegal amongst them, striking is now made a criminal offence. The Bantu Education Act will keep the African child subservient to the European and to keep them slaves of the European. The Book Banning Act, you can only read what the Government allow you to read. Now there is an Act before Parliament to amend the Suppression of Communism Act, furnishing very wide powers to the Minister of Justice. The Nationalist Party Government is following the tactics of the Herrenvolk Nazis. You have no right to be heard in a Court of Law, and th^y are afraid to give you a fair trial. They want the workers to become slaves. It destroys our children and our future. What is keeping us from removing this Government. Government. Some people say what is the use of opposing the I want to tell you tonight that no speech, no protest, no declaration is ineffective. Eventually we shall do the trick and we shall have law and order. take mass action to remove this Government. The people must The strength of the people is gathering. It is like a stream growing in strength," which action will eventually destroy the Nazis and Fascists in this country. Freedom is essential. Then again Mr. P. Beyleveld : Introduce Dr. Dadoo. Mr. Dadoo was the next speaker. He is not one of the Accused. Will you omit what he said, and the next? Mr. Beyleveld was the next... He spoke again. And then the Resolutions were read, is that correct? "I will now put resolutions to you". Yes, omit them. You hand in your notes EXHIBIT G. 913? NO FURTHER QUESTIONS. CROSS-EXAMINED BY MR. SLOVO : You are aware that at that time, in February, 1954, some of these speakers, at this meeting wereprohibited from taking part in the activities in the organisations, such as the African National Congress, the Congress of Democrats, etc.

17 ome of those that addressed the meeting they were not ^t that time prohibited. Are you certain of that? I am quite sure. When were they first prohibited? When was Dr. Dadoo first prohibited? He was prohibited before that time. Yes? The prohibition is a permanent one, not for a period. I am not talking now about the prohibition against attending gatherings. You mustn't confuse it with that. I am talking about the other prohibition, prohibiting people from taking part in the activities of various organisations. You are aware that there are two such notices..? Yes, I know. In the case of Dr. Dadoo, for example, you are aware that he was issued with two such notices before this date in 1954? I do. On the date of this meeting, on the 22nd February, 1954, the one notice prohibiting him from participating in the activities of the organisations that I have mentioned, was still operative? That is correct. So on the day that he spoke at this meeting, he, one of the speakers at this meeting, was prohibited from taking part in the activities in these organisations? Not from the Let the People Speak Committee. I did not mention...? That was not mentioned in the order. I did not mention the Let the People Spaak Committee. I said the African National Cohgress, the Congress of Democrats, etc. If you want me to detail-them, I shall. That included the list of organisations from which he was prohibited - shall I put it this way. The list of organisations which were proscribed as far as Dr. Dadoo is concerned, was the African National Congress, the Congress of Democrats, the Transvaal Indian Congress, the Peace Council, the South African Indian Congress, Friends of the Soviet Union - I can't think

18 of all the other organisations, but most of the organisations, in fact all the organisations which were mentioned at some stage or another in these proceedings, as far as you are aware. Is that correct? Now that applied too to this man you mentioned as Eli Weinberg? Yes, that is correct. You were present at this meeting? Personally? Together with some other members of the Special Branch, I see Head Constable Herbst was there as well, and Strachan was there as well? That is correct. And none of you took any steps against these individuals for participating in the activities in the organisations that I have mentioned? No, no offence was committed so no steps were taken. In your opinion, at any rate, for what it is worth, this meeting had nothing to do with the organisations that have been mentioned at this trial, apart from the Let the People Speak Committee? The organisers, the people who addressed the meeting, were members of the other organisations. The meeting itself, you have just conceded, had nothing to do with any of the organisations that have been mentioned in this trial, apart from the Let the People Speak Committee itself. Is that correct? I think it follows, and I won't insist on an answer. It follows from your evidence. NO FURTHER QUESTIONS. NO RE-EXAMINATION. (Int. E. Mazwai - Eng. Sesotho) MOTSEKI MATSIALELE, duly sworn; ( and ) EXAMINED BY THE P^P. : Did you make notes at a Conference held on the 3Lst March, 1956? I did not take notes. I was only on observation duty. On observation duty? And I only wrote down the names of the people I saw.

19 At the African National Congress Conference at Orlando? Did you make notes - or a list - write down a list of names of persons whom you saw at the Conference? Was the Conference in a hall, at Orlando? Did those persons whose names you have put down, did they go into the hall? Will you go through your list and mention the names of Accused persons? Leslie Masina (34); Philemon Mathole» (37); Robert Resha (63); Ida Mtwana (49); Phineas Nene (51); Lilian Ngoyi (52); Sampie Malupi (31); E. P. Moretsele (46); Joseph Molifi (43); Partick Malaoa (42); Henry Gordon Makgothi (29); J. J. Hadebe (61). On the 1st April, did you again make a list of names of persons whom you saw at the hall - entering the hall? At the Scone Conference? At the same place? Will you again go through your list and mention the names of Accused persons? Mary Rantha (62); Shall I mention these I have already mentioned? No, if you can remember, leave them out? Tennyson Makiwane (27); Aaron Mahlangu (24). That is all. You hand in your notes, EXHIBIT G. 914? I do. EXAMINATION BY P.P. CONTINUED : ( ). 1956? Did you make notes at a meeting held on the 16th June, Was it a meeting of the African National Congress Women's League? It will be something like a Protest by the Women, to see the Superintendent at Orlando. A protest against what? Passes. And Native Detective Sergeant Douglas Indaba, did he accompany you there? That is correct. At that meeting, did you take possession of documents?

20 That is correct. You hand in the first document, EXHIBIT G What is it? Women don't want Passes. The Senior Superintendent, Orlando. You can leave out the rest. You hand that in. Where did you get the document? Outside the Superintendent's office, where these women had collected. Did you get it from the women or from the Superintendent? No, from the women. The; women were distributing these, not from the Superintendent. And the following document, EXHIBIT G What is it? "Do you accept the pass, women of orlando." Yes, read on? "Girls from eighteen years of age, young mothers, women and grandmothers, you are all called upon to join a mass protest and march to the Senior Superintendent of Orlando on the 16th June, 1956, to protest against passes for women. Police protection in your townships. Roll up in numbers at 8 a.m. at the Communal Hall, Orlando East. Issued by Orlando Women's L^age, African National Congress, A.N.C." NO FURTHER QUESTIONS. (Int. E. Mazwai - Zulu-Eng.) DOUGLAS NDABA, duly sworn; g ^6) EXAMINED BY THE P.P. : You have already given evidence, is that correct? That is correct. Did you make notes at a meeting held on the 16th June, 1956? I did. What meeting was it? Protest against what? ^here was it held? Women's Protest Meeting. Passes. In front of the Communal Hall, Orlando. What time did the meeting start? a.m. Yes? Till 12 midday.

21 You noted down the speeches of the speakers, that is correct? I did. Do you know who was the Chairman or the Chairlady? I haven't got the Chairlady, I have only got down here the first speaker. Who was it? Hilda Walaza. Will you look through your notes, have you a speaker Mrs. L. Ngoyi? Read what she said? L. Ngoyi spoke Xosa. Do you know her? Is she one of the Accused? Yes (52). "L. Ngoyi spoke X.sa, interpreter Selina Molife, spoke Sesuto. I greet you all under the name of God, who made you black. This is not a meeting. We have come to he^r the report from the Superintendent. was blood shed at the shelters, During Mpanza s time there It is not our habit to be here at this time, it is because of Verwoerd. All women in the Union are doing as ourselves. our children to carry permits. The Superintendent at Parys told Women met and told the Superintendent that Their children won't carry permits. Women from?/estern Area and from Location in the Sky have seen the Native Commissioner about passes. Orlando women are so few here. In 1912 passes were opposed by women. At Wynberg women fought the pass. God will not come down and die for you again. Our children are daily arrested for passes. Vereeniging women, if they arrested for liquor are now sent back to where they came from. In Parliament Verwoerd and Swart said we are speaking like Tikoloshe, it evil spirit. The Government is building a beer hall in Orlando. Women we must unite. At Meadowlands people are being divided by Verwoerd. On all women shall meet at Native Commissioner from all parts of Western Region. On 8 August, 1956, Strijdom goes to overseas. We must meet at Pretoria." That is all. Then you have a list of names of persons who attended the meeting, is that correct? Correct.

22 Go through then, and mention the names of Accused persons? Philemon Mathole (37); Mrs. Ngoyi. Yes, you have mentioned her. Is thax all? Yes, that is all. You hand in your notes, EXHIBIT G. 917? NO FURTHER QUESTIONS. (Leave granted to Accused 103, Reverend Gawe to be absent until 6tfc August, Medical Certificate relating to him handed in.) (C.G.G. Kros, Int. Eng.-Afr.) WYNAND JACOBUS WESSELS, beedig,verklaar; VERHOOR DEUR DIE P.A. : U het alreeds getuienis gegee? Ja. Het u notas gemaak in verband met -n optog gehou op 13 Julie 1956? Ja. Wat se optog was dit? Dit was n optog gehou..,, (Witness continues his evidence in English). r hat procession was it? It was a procession held by Native women of Evaton. In connection with what? It was in connection with their objections in carrying passes. About what time was the procession? The procession started at abou 9 a.m. that morning. About how many persons took part in That procession? - About 1,000 to 1,200 Native women. You wrote down certain names of persons whom you recognised taking part in the procession, is that correct? In the procession I noticed one, J. M. Kumalo. One of the Accused? Yes (19). Did you notice any other Accused there, at the procession or ne r the procession?.at the Magistrate's Court, Evaton, where the Native Commissioner also has his office, I noticed V. Make, Joseph Molifi, Mohammed Asmal.. Just a minute. Make is No. 25, and Then? Molifi (43); Mohammed Asmal (2).

23 BY THE COURT : You mean you noticed them at the Magistrate's Court. What did that have to do with the procession? That is where the procession ended. The procession went to the Magistrate's Court. That is where the Native Commissioner's office is situated. Is the Magistrate also the Native Commissioner? No The Native Commissioner has his office in the same building? In the same building. Why do you mention these three persons. What did they have to do with the procession? I have seen them at the Magistrate's Court. In the backyard at the Magistrate's Court That is where all the Native Women went to sit down. I still don't understand. They may have been there for some other purpose? I think so, I think some of them, Make, Molifi and Asmal were there for some other reason, because on that day they appeared on a preparatory examihation and they were standing at the back. You believe they were there in connection with the preparatory examination? I believe so. BY THE P.P. : You hand in your notes, EXHIBIT G. 918? I do. In the procession, did you also obtain a document? EXHIBIT G What is it. Just read? It is addressed to the Native Commissioner, Protest by the Women of Evaton, issued by the A.N.C. Women's League, Evaton. It is signed by Letia Matabesi, Easternville, Evaton, 13th July. EXAMINATION BY P.P. CONTINUED : ( ) Did you make notes at a meeting held on the 24th June, 1956? I did. What meeting was it, do you remember? It was a meeting of tfce Congress of the People.

24 Where was it held? It was held at Kliptown, Johannesburg district. Were you on observation duty there? i'id you make a list of names of persons whom you saw attending the Conference - the meeting? If you can, will you confine yourself to the Accused from Evaton. See if you have in your list any of their names? Yes, I have. Mention? I have Suliman Nathie (50); Mohammed Asmal (2); And then will you refer to the end of your notes, you also have a few names there, 1.20 p.m.? J. M. Kumalo. One of the Accused? Yes (19). Mention the other names of Accused persons from there onwards? I have D. C. Thompson (78); Gert Sibande (71); Ronnie Press (60); You hand in your notes EXHIBIT G. 920? And at that particular meeting, didyou obtain certain documents? The first one you hand in is EXHIBIT G What is it? Just read? "Sechaba." That is a bulletin, of the Transvaal African National Congress, 37 West Street, Johannesvurg. No. 1, June The next? "Commemorate C.O.P: June People's Songs". EXHIBIT G And you hand in EXHIBIT G What is that? It is a booklet "Educating for Ignorance". BY THE COURT : What are these documents? Where do they come from? These documents were distributed at the Conference. At this Conference on the 24th June, 1956? NO FURTHER QUESTIONS. CROSS-EXMMINED BY MR. SLOVO : In your notes, G. 918, I notice that you have recorded

25 "Advokaat Haddad groet Molifi, Kumalo, Make, Bob en Matjele met hand". That happened at "10.40 v.m."? That is so. That means that Advocate Haddad, just for the benefit of those who can't understand Afrikaans, greeted these persons - does it mean by shaking hands? Yes, Do you consider that an important fact to record in your report to the Special Branch? No, I just made that note. i'hen I notice you also have a note here " 1 n.m. Vergadering verdaag. 1.5 n.m. Rand Daily Mail reporter gesels met Molifi, Kumalo, Matjele. Groet hulle en vertrek"? I just made that note. It is of no importance. CROSS-EXAMINED BY MR. COAKER : May I have Exhibit G. 919 > please? You have just handed in this Exhibit, which purports to be the protest, the formal protest by the women of Evaton? I did. Is this the only document which the women attempted to hand over to the Native Commissioner? As far as I know that was the only document. Not that one, they had thousands of those pamphlets. That is one of them. I see. They had copies of this document? - One of them, Where did you get this from? I got it from a native male when the women were sitting down at the back of the yard - the backyard. Did the Native Commissioner receive these documents? He received them, yes. " nd you thought fit to intercept one ofthem? Yes, I got one of them from a native, not from the Native Commissioner. Who was this native from whom you got it? I can't remember his name now. I might have made a note in my notebook... You made a note here "Gekry by Dawid Letebele'?

26 That is right. Who is he? He is an old native resident of Evaton. Did you ask him to got one of these for you? Yes, well, he gave it to me. I was standing there and I just held out my hand and he gave me one. I take it that Dawid was net a member of the deputation of women? No, he was not. Did you instruct him to g~t one of these pamphlets for you? No. How did he come to have one? ---- He was amongst the women at the backyard of the Court. He was standing there... Does he work at the Court?»- No, he does not work there. Was he acting as a porter or a messenger or.,.? -- No. How did he come to be in possession of one of these protest forms? I don't think that he only had one. I think he had quite a few, and he gave me one. " nd you thought that it would be just as well if one of these forms went into the Security Branch's files, instead of going to the persoh to whom it was addressed? BY THE COURT : Is that in the form of a Petition? BY MR. COAKER : It says "To the Native Commissioner". "W^ the women of the above area come here today to present to you as the Native Commissioner our objections.." and then there are a number of objections to the pass system set out. What is your answer? These forms were carried and not posted to the Native Commissioner. Each woman, I suppose, had one and there were delegates, I think ten of them, to had to hand these protest forms over to the Native Commissioner. BY THE COURT : May I know, are there signatures on this form?

27 BY MR. COAKER : There is one signature of this form. I think you have already told us, the form was signed by somebody called, it looks to me like Letia Matabesi? That is right. The question I put to you was this. x 'hat you thought it would be just as well if one copy at least of this protest reached the files of the Securixy Branch rather than the person to whom it was addressed? The contents thereof, yes, was of interest to me. So you took it? I take it you never handed this particular form over to the Native Commissioner? No, I did not. So to this day he doesn't know that Letie Matabesi protests against the pass system? That is correct, I do not think he knows. NO FURTHER QUESTIONS. NO RE-EXAMINATION. (Int. C.G.G. Krtts - Eng.-Afr.) ( ) GERHARDUS ARNOLDUS HATTINGH, verklaar onder eed) YERHOOR DEUR DIE P.A. : U het alreeds getuienis gegee? Ja. Het u notas gemaak in verband met n vergadering gehou op 24 Junie 1956? Ja. Watter vergadering was dit? Dit was 'n vergadering van The Congress of the People. Waar was dit gehou? Kliptown, Johannesburg. Die getuie Speurder Konstabel N. J. van Zyl Schoeman, was hy ook by die vergadering? Ja. Het u die sprekers by daardie vergadering aan hom identifiseer? Ja. Verwys u nou na u notas wat u by die vergadering gemaak het? Ja. Het u al die sprekers aangemeld, aangestip op u notas? Nie in my oorspronklike notas nie.

28 Wat het u die volgende dag gedoen? Verslag opgestel van die verrigtinge vanuit my notas. Verskyn al die name van al die sprekers daar? Ja, Gaan deur u notas en die rapport en noem die name van al die sprekers? Spreker nr. 1, wat ook as voorsitter opgetree het, Leslie Masina (34). Die volgende spreker was..? Philemon Mathole (37) die volgende een Leon Levy (20); die volgende een Lilian Ngoyi (52); E. P. Moretsele (46); Eerwaarde D. G. Thompson (78); Gert Sibande (71); Stanley Lollan (22); Robert Resha (63); Dr. H. M. Moosa (45); Dr. R. E. Press het net resolusies gelees (6C). Die laaste, volgens my lys, was die voorsitter Leslie Masina. Jy handig jou notas in, BEWYSSTUK G. 924, en ook jou verslag BEWYSSTUK G. 925? Ja. GEEN VERDERS VRAE NIE. (Int. E. Mazwai - Xosa-Eng.) S0B0M0N DUNGA, duly sworn; ^ g ^ EXAMINED BY THE P.P. : 1956? You have already given evidence, is that correct? Did you make notes at a meeting held on the 24th June What meeting was it? I did not write it down on my notes. Where was it held? I did not write that down also in my notes. Can you remember? If I am not mistaken, it was in the Tr ades Hall. Did you m ke a report in connection with the same meeting? When did you make your report? 2nd July, Are you now referring to that report? Can you tell the Court what meeting it was and where

29 was it held? Freedom Charter First Anniversary Meeting, held at Kliptown, Johannesburg on Sunday 24th June, Did you make notes or a list of names of persons who attended at the meeting? Can you say who was with you at the meeting? Which of your colleagues or policemen? Have you no note of that? No. Will you go through your list and mention the names of Accused persons who you saw at the meeting? Sam Masemola (33); Farrid Adams (1); Alfred Hutchinson (11); Bartolomeus Hlapane (10); Lilian Ngoyi (52); Henry Gordon Makgoxhi (29); Patrick Molaoa (42); Leon Levy (20); Helen Joseph (13); Norman Levy (21); Elias Moretsele (46); Motsomai Mpo (48); Nimrod Sejake (65); Ida Mtwana (49); Stanley Lollan (22); James Hadebe ( 61); Tennyson Makiwane (27); Philemon Mathole (37); Dr. Ronnie Press (60); Dr. H. Moosa (45); Leslie Masina (34); Theophilus Musi (40); Sampie Malupi (31); Simon Tyiki (75); Obed Motsabi (47); John Nkadimeng (54); Lawrence Nkosi (55); Phineas Nene (51); Johannes Modisi (41); Reverend D. C. Thompson (78); Gert Sibande (71); Henry Tshabalala (77); Robert Resha (63); Bertha Mashaba (36). You hand in your notes EXHIBIT G. 926? I do. And your report EXHIBIT G. 927? Did you make certain translations from EXHIBIT G. 907? What is it called? "Sechaba." to page 8. Which pages, from where did you start? From page 7 And from what language did you translate - the translation will be translate? EXHIBIT G from what language did you From Sesotho. Into English? You hand that in, your translation? And did you make another translation? Yes, I did. From the same book?

30 What pages? Pages 9 to 10. You hand that in as EXHIBIT G. 929? From what language was that? From Zulu into English. Mention the first heading of your translation? You are referring to EXHIBIT G 929? * "African Women have protested against the passes". Refer to the second page of your translation. Is there another heading? "'//hat shg.ll we do now". And then at the end of that heading, does there appear a name? Yes, John S. Mavuso. Do you know him? -Yes, I know him. Is he one of the Accused? Yes (39). BY THE COURT : In what connection does his name appear? - He is the writer of the article. '(That article? "African women have protested against passes". It appears on page 9 of the Zulu edition of Sechaba. NO FURTHER QUESTIONS. CROSS-EXAMINED BY MR. COAKER : Can you remember whether in your notes you mention as being present on the 24th June, 1956, at Kliptown, the Accused J. Modisi. Did you say that or did you not? Yes, I did. can't find him. I have got a transcript of your notes here, and I «Would you tell me whereabouts he appears on your notes? It is not appearing in my notes. It does not appear in your notes? No. NO FURTHER QUESTIONS. CROSS-EXAMINED BY MR. SLOYO : I understand from your previous evidence that your home language is Xosa, is that correct? Xosa or Zulu? Yes, Xosa. Are you qualified to translate from Sesotho into

31 English? Not that much. BY THE COURT : What do you mean by that? Do you compare it to your ability to translate Xosa when you say not that much? I mean that I am not proficient in Sesotho. BY MR. SLOYO : What about Sechuana? The same. NO FURTHER QUESTIONS. BY THE COURT : May I just know why you read J. Modisi's name, if the name does not appear in your notes? Did you read the Accused names from your notes or from the report? From the report Does the name J. Modisi appear in your report? But not in your notes? How do you explain that? report and not in your notes? That is correct. Why does it appear in your I cannot recall now. Is it possible then that you put his name in by mistake? It is possible. (E. Mazwai - Int. Eng.-Sesotho) PHILIP MASOKANYA, duly sworn; ( ) EXAMINED BY THE P.P. : You have already given evidence? I have. Did you make a report in connection with a meeting held on the 27th June, 1954? Did you make notes at the meeting? I did. And the next day did you prepare a report from your notes? I did. What happened to your notes, do you know? I destroyed the notes after I had made my report. And you are now referring to your report, is that correct? What meeting was it, do you know? Anti-Apartheid

32 Conference. Where was it held? Trades Hall, Kerk Street, Johannesburg. Will you tell the Court who was the first speaker? Father Trevor Huddleston. And the next speaker? Before we go to the next speaker, who was the Chairman, do you know? Chairman of the first cession was E. Moretsele. Is he one of the Accused? Yes (46). Bid he address the meeting? Moretsele? The Chairman? He did. The first speaker after him, was that Father Huddleston? Then, who was the next speaker after Father Huddleston? Tambo. Is he one of the Accused? Yes (74). And who was the next speaker? P. Q. Vundhla. The next speaker? Joyce Palmer. The next? Simon Baneto. The next speaker? Mr. Mosaka. The next? The next? Mrs. Hashe. Paul Joseph. Is he one of th e Accused? Yes (14). The next? The next? The next? The next? Mr. Blumberg. S. Moleoa. Eamaita. Mirian Lotela. J.IX Yes? Dr. oosa. Is he one of the Accused? Yes (45). Yes? Mbengwa. Yes, next? Yes, the next? Yes, the next? Yes, the next? S. Neto. Mrs. Daniels. Mrs. Hodgson. Joe Makome.

33 The next? The next? Yes? Naomi Ramotho. Virginia Mngoma. P. Mathole. Is he one of the Accused? Yes (37). The next? G. Sibande. One of the Accused? Yes (71). Next? Xaba. He was the last speaker. You hand in your report EXHIBIT G. 930? I do. Did you take possession of certain documents at the Conference, is that correct? You hand in a booklet, EXHIBIT G. 931, what is it called? South Africans Way Forward, by Moses Kotane. Where did you actually get it? Inside the hall. Bought it inside the hall. NO FURTHER QUESTIONS. CROSS-EXAMINED BY MR. COAKER : I take it that you no longer remember anything about this meeting, except what is in your notes? That is correct. NO FURTHER QUESTIONS. CASE REMANDED TO 31ST JULY, 1957.

34 COURT RESUMES 31ST JULY, APPEARANCES AS BEFORE : THE P.P. ADDRESSES COURT - Court will adjourn on the 1st and 2nd August, MR. SLOVO ADDRESSES COURT MR. COAKER ADDRESSES COURT : Accused Absent : Same as on 30th July, In addition : No. 144, Dorothy Nyembe. Medical Certificate to be handed in in due course. No. 62, Mary Rantha is absent. No. 148, Dorothy Shanley granted further leave of absence. (Int. J.A. Maree - Afr.-Eng.) DAWID CORNELIUS FOURIE, duly sworn; ^ 3 ^ EXAMINED BY THE P.P. : (MR. VAN NIEKERK) Are you a Detective Head Constable, outh African Police? Ja. Where are you stationed now? Te Ermelo gestasioneer. On the 4th March, 1956, did you attend a meeting of the African National Congress, held at New Ermelo? Ek het. What is this place New Ermelo? Die Bantu sport terrein. Dit is m lokasie. You mean at the Bantu Sports Grounds in the location? Ja, in die lokasie is die Bantu Sports Gronde, waar die vergadering gehou was. Did you take notes at that meeting? Have you got those notes before you? Ek het. Ek het. Refreshing your memory from the notes, can you tell the Court what happened at that meeting? Daar was ongeveer driehonderd naturelle mans en vrouens teenwoordig by die vergadering. Onder die voorsitterskap van naturelgert Sibande. Can you identify Gert Sibande? Ek dink ek sal hom kan identifiseer. (Witness identifies Accused 71). Yes, will you proceed to tell the Court what happened

35 at that meeting? Die eerste persoon wat die vergadering toegespreek het was Dr. R. E. Press. Do you know of what address? 64 Dertiendestraat, Orange Grove, Johannesburg. How did you get that address? Ek is nie seker nie, maar ek dink hy was aan die vergadering coorgestel, en na die vergadering het ek sy adres - ek het horn gevra vir sy adres en ek het dit toe neergeskryf. DEUR DIE HOF : Waarvan is u nie heeltemal seker nie? Dat u horn gevra het om die adres te gee? Nee, ek het horn gevra vir sy adres, maar sy identiteit is in die eerste instansie - hy was voorgestel aan die vergadering. Sy naam was genoem. BY THE P.P. : Can you identify him? Ek sal probeer om hom te identifiseer. (Witness identifies Accused No. 60). Continue? Hy het - die spreker het die vergadering in Engels toegespreek en ek het aantekeninge van sy toespraak gemaak, wat ek nou aan die Hof uitless. "It is about time that people who sit on top of others should be thrown off. There are the people who introduced Section 10 and the Senate Act. There are also the people who want African women to carry passes. They must be careful, I want to warn them, they are loading too much on the backs of the oppressed people and it may just be that they put one straw too many. You remember the story of the camel. down and refused to move. It was overburdened and then it sat The people will not sit down like the camel. They will say, we want freedom. We want to be equal. I don't want to work for the Government, and I want to work for the people. There shall be freedom and security... Will you just read again from "they will say we want freedom.." "The people will not sit down like a camel.." and

36 then, go on? "The people will not sit down like the camel. They will say, we want freedom. We want the Freedom Charter. A1 shall be equal. I don't want to work for the Government, I want to work for the people. There shall be fre dom and security for all. Away with sickness. The Government will never supply us with enough hospitals, as a matter of fact, this Government makes me sick. Why are we never told what is being done for the people in the U.S.S.R.? Why were the English thrown out of India? You can no longer pull the wool over the sheep's eyes. There are spies of the N.A.I), amongst you. They tell yo$ not to join the A.N.C. We are not frightened of the police. Don't listen to them. They can't hold down the people. The light of Congress is shining and leads the way to freedom and equality. There is no freedom in this country while the police has the right to knock at your door at any time. There shall be houses and comfort for all, whether Verwoerd likes it or not. In conclusion, I want to point out that the Freedom Charter provides for peace and security for all humanity. There is nothing better to live in peace and friendship with your neighbours. We have brothers and sisters in Bechuanaland, In Kenya and also in the U.S.S.R* and Chiha. What did our friends do? They told the Soviet Consul to leave. I think the Government is jealous because the African leaders were invited to the party and they were not. The future belongs to the people but it will not be an easy task. The Government will not give up the plums. Congress must take the lead and organise and mobilise the people and tell them why this Government is lousy. You must put up your thumbs in the streets and keep on shouting, Afrika must come back. Tell the people on the farms, tell the people in the towns, tell everybody that the truth must and will prevail". Yes, proceed? "2.20 n.m. Yoorsitter Gert Sibande

37 kondig die volgende spreker aan maar noem nie haar naam nie". "Johanna Tshabangu, 36 Goldstraat, Johannesburg, praat Engels." How did you ascertain that name? Ek kan net aan die Hof verduidelik hier. Sk het hierdie gedeelte en haar naam blanko gelaat en toe haar toespraak neergeskryf. Na afloop van die vergadering, het ek haar naam verkry van hac.rself en haar adres en die ingeskryf. Proceed? are gathered here. "I greet you all and you know why we I also want to speak about apartheid. You hear this stupid Government talking about apartheid, but here we have a stupid in that car. What does he want here? If the truth is spoken it must be written down. Why? They don't love us. the same table. If they did they would have eaten with us at It is time that there should be one common weapon to crush this Fascist Government. They are afraid of the A.N.C. If they were not afraid they would not have sent those spies in the car. If they practice what they preach, why do they live in palaces and we in shanties? they allow us in their Dutch Reformed Ch&rches? Why don't The very people who are preaching to us are sitting on our neck. Malan goes to Church on Sundays and prays to God to keep us in chains for ever. How can we follow such hypocrites? Those black natives in that car are selling their own nation. But don't worry, they are in the minority and we in the majority. We v/ill fight them with all their laws and the time is just tomorrow. Even that tree over there will demand..." BY THE COURT : Do you know t: whom reference was made here, 'those black natives in that car'? Was there a car there or not? Yes, I was sitting in a car taking these notes near the speakers and two of my Native detectives, one Native Constable and one Native Detective were sitting in the back of the car.

38 (Witness continues reading) "Even that tree over thre will demand them. The spear of freedom is behind every reactionary. We say : 'To Hong Kong with your passes'. You in that car, let your women carry the passes you have printed for us. The wheel of freedom shall crush you. You cannot stop the youth of the African. Here in South Africa you call yourselves Europeans, but if you go to Europe, you call yourselves South Africans. Is that not stupidity? We are Celled natives but if you lo k up the meaning of the word native in the Oxford dictionary, you will notice that it means a person who is born in a certain country is a native of that country, so they are white natives. We invite those people in the car to come over here and join us. Rise with us and fight for liberty. The time is ripe now. The star of freedom is rising, Down with this Fascist Government. The black which I wear round my neck means the African nation. is the gold for which my people die in the mines. The yellow The ^Treen is our country which they have stolen from us. w e are determined to take over everything. Come now children and join this liberation movement." "Voorsitier Gert Sibande kondig in Engels aan ; I shall now call upon the next speaker who is a real cannon. I want you all to rise so that those spies cannot see the speaker". "Bartholomew Hlapane, 1085 B, Jabavu, Moroka, Johannesburg.." Was his name announced? Bartholomew Hlapane. Was.lis name announced by the...? No, his name was not announced. I obtained his name in the same way as I obtained the names of the previous people. After the meeting I took his name and address. BY THE COURT : You mean he gave his name to you? Yes, he gave me his name after the meeting. BY THE P.P. : Did he give his afflress too?

39 Can, you identify him? I think I will he able to identify him. (Withess identifies Accused 10). Proceed? "Some people tell you not to join the A.N.C. but I say that it is the only organisation worth joining. There are a great number of traitors amongst you. You must throw them out and unite. I am now going to speak about the Freedom Charter. (Spreker het hierop al die klousules van die Freedom Charter voorgelecs en toe vervolg). I want to stress this point, namely, that there must be freedom of movement from province to province and from South Africa to abroad. w e must fight for these things. Passes are badges of slavery intended to stigmatise the African as an inferior being. The mines and the rich farmers use the pass to obtain - use the pass system in order to obtain cheap labour and to lower the status of the African and prevent him from ever becoming a full citizen. The pass laws have been created to guarantee white domination. The pass laws have broken up African houses and caused untold misery and hardship. The African have struggled against the pass laws for many generations. Now the Government wants to extend this foul system to the African women. This opens up a new phase in our struggle. It is now quite clear that this Fascist Government wants to bring the African women within the sphere of cheap labour. Women I call upon you to stand up and fight side by side with your men. In this regard our slogan must be clear and that is women are never going to carry passes. We must win the Freedom Charter. T "e must evolve tactics best suited to counter every move of the Government. We must ensure that whatever action is tak^n is backed by the majority of our followers. In conclusion I want to appeal to you to join the A.N.C." "Gert Sibande praat in naturelle taal. In ^gels vertolk deur Johanna Tshabangu." - I am not native

40 - 62?5 - linguist, I wrote down what was interpreted into English. "I want to say a few words. The first speaker spoke about freeom..." BY THE C URT : Who is now speaking? Gert Sibande. (Witness continues reading) "I want to say a few words. The first speaker spoke about freedom. I want to endorse what he said. When we speak about Strijdom and Malan as vuilgoed, it is hot because we hate them. It is because we hate their foul deeds. I want to make it clear to you that we do not tolerate discrimination. We want all to be equal. Everybody must have a right in this country. The speakers rightly pointed out that we are the real Christians, we, who advoate equality and freedom for all. I also want to say a few words about the pass laws and uhe Bantu Education Act. This foul Government wants to extent the passes to our women. mothers and daughters, don't carry passes. I say to native We must fight them with every weapon at our disposal. In the same breath I want to make it clear to you that this man Verwoerd is busy with a big task and that task is to reduce the African woman to a state of slavery. He is not satisfied with the slavery education he has fashioned for theafrican child but now he wants African women to carry passes. I say to you, join the A.N.C, and fight this Fascist Government to the bitter end. Do not listen to the traitors. They will lead you to slavery and starvation." "5 n.m. vergadering sluit. Voorsitter vra gehoor om geld by te dra". You put in those notes, EXHIBIT G. 932? I do. CROSS-EXAMINED BY MR. BERRANGE : I take you have attended a number of meetings of this sort? Ek het al verskeie vergaderings bygewoon. And without your notes it would be impossible for you to remember what was said and who spoke? -^it is so. In regard to this particular meeting, which is recorded

41 on G. 932, I take it you reply upon your notes and not your memory, your recollection? Behalwe die identifikasie van die Beskuldigdes. Other than that you would have no independent recollection of what was said, other than what was contained in your notes? Dit is onmoontlik om dit te onthou. And I take it that you wouldn't even be able to remember whether interpreters were used, and if so, how many? By die meeste van hierdie vergaderings is daar naturelle wat verskillende naturelle tale praat, en gewoonlik gebruik hulle drie of vier tolke om die verskillende dialekte te vertaal. But without there being anything in your notes, you would not be able to say today which of the speakers had interpreters? - Ek kan wel onthou daar was tolke, maar ek kan nie ss hoeveel nie, That wasn't my question. My question was without there being anything in your notes, you would not be able to say today which of the speakers had interpreters to interpret their speeches? Dit is reg. Dr. Press, he may have had an interpreter, or he may not. You can't remember that, because there is nothing in your notes? Dit is moontlik. And that applies to each one of the speakers? Dit is so. I see that this meeting lasted for three hours? Ja, And I might tell you that we have had a lot of evidence in this trial from other witnesses who testified to meetings, police evidence, and I think they have all, those to whom the question have been put, have all admitted that it is impossible for them to get down anything like everything that was said by the speakers? Ek gee dit toe. As a matter of fact, if I remember correctly, one police witness said he thought he could get down only about

42 five per cent? Dit sou ek nie - ek sou nie s hoeveel persent ek neergeskryf het nie. Ek het neergeskryf soveel as wat ek kon. And you often find that as you are writing, that the speakers had already gone onto the next sentence, the next topic, and you have got to catch up with them? Ja, dit is SO * And that of course makes it necessary then for you to omit somethings that you can't get down? Ek het dit alreeds erken. -n Mens kannie alles neerskryf nie. I am trying to get the picture of what happened. Now, X have here a transcript here of your speech which I would like you to have a look at - of your notes I should say, not your speech. Who was the first speaker? Dr. R. E. Press. If you will look at the end of his speech, you will see that his speech took approximately twenty minutes? According to your notes? Ja. Well, your notes say so, doesn't it? Ja. And if you look at the whole of the document, that is the transcript, you will see that Dr. Press' speech takes up approximately one third of the whole of the document? Dit lyk so. Therefore, if you had been able - let me put it to you in this way. If Dr. Press' speech occupied one third of the document, the typewritten manuscript, then the remaining speeches should have been concluded in forty minutes? Nie, noodwendig nie. Op meeste van hierdie naturelle vergaderings is daar baie onderbrekings. But you have not noted that? Nee, ek het nie. And you have got no independent recollection of that? Ek het nie. So if there had not been any interruptions, then you will agree with me that the remaining speeches should have occupied - if they took - if they were computed on the same

43 basis as Dr. Press' speech, should have taken about forty minutes? Dit kon gebeur het. Instead of taking forty minutes, according to your notes they took two hours and forty minutes? Dan was daar waarskynlik onderbrekings gewees. You are not answering my question. I say according to your notes they took two hours and forty minutes? Dit is You are not suggesting that the interruptions took two hours, are you? Come, come. Dit mag gewees het. Two hours of interruptions and one hour of speeches? Dit gebeur somtyds dat daar -n lang samesprekings het daar op die verhoog voordat -n spreker weer begin. But I am suggesting that that surely didn't take two hours in one hour of speeches? The audience would have got bored by then? Dit gebeur. Die toehoorders neem deel aan die besprekings daar by die verhoog. Audience takes a part in the conference on the stage? Some members of the audience. But not surely for two hours to one hour of speechifying? -- Dit mag gebeur. It also may happen, of course, that as you are writing you get tired as the afternoon wears - goes on? Your arms are tired and your hand get tired as the afternoon wears on? Nie noodwendig nie. Ons is geharde mense in die polisie en ons kry baie oefening om te skryf. Oh, you are toughies? As jy dit so wil noem. Some of the police have told His Worship from time to time in other portions of this enquiry that as the meeting goes on they get very tired, they told us that their arm gets very tired? Ek sal nie daarteen stry nie. Isn't the truth about it this - that when the first speaker speaks you are able to get down very much more than

44 when the, latter speakers speak, and that is why there is this gap of two hours and forty minutes for speeches which should only have taken forty minutes, coupled with interruptions as well? Ek stem nie daarme saam nie, dat dit te wyte is aan my moegheid. Do you suggest that there was at least two hours' interruptions out of a meeting that took three hours? It is possible. Did the audience not start getting impatient? Nie sover as wat ek kan onthou nie. May I have the transcript back? Was this a meeting of the African National Congress? Ja. There is nothing about that in your notes, of course - I beg your pardon,"a.n.c. vergadering." You attended many meetings of the A.N.C. haven't you? Ja. J would like to draw your attention to the fact that witness after witness, police witness after police witness, has told this Court that they have time and time heard A.N.C. speakers say that their struggle is a non-violent struggle? Ek het dit ookal gehoor. And that may have been said at this meeting, but you didn't have the opportunity of getting it down? It may have been so? That you didn't get the chance to write it down? Ek het dit nie geho.,r s$ nie. How do you know? You don't remember? So -n belangrike aankondiging wat daar gemaak is, sou ek seer sekerlik neergeskryf het. And if one or other speaker had said 'Our weapons are words' it is possible that you might not have been able to get that down? Ek het dit ook nie gehoor nie. But you don't remember, do you? Ek onthou nie dat ek so iets gehoor het nie. You don't remember anything that was said other than

45 what your notes indicate, do you? You have no independent recollection, have you? Nee, ek maak staat op my notas. You have no independent recollection? Ja, dit is io«h And you have already told us that lots of things were said that you weren't able to get down? Dit is so. As a mattex of fact, it took you only about twentyfive minutes to read out your notes of a meeting that took three hours? Dit is so. If one of the speakers were to say that - included in his speech was a statement 'Our weapons are words', would you deny that he said it? If one of the speakers stated in evidence that he had said 'Our weapons are words' would you be prepared to deny it? - - A1 wat ek kan s& is, ek het dit nie gehoor nie. So he may have said it, and therefore it is not recorded? Dit is moontlik. NO FURTHER QUESTIONS. HO REEXAMINATION. EXAMINATION BY P.P. CONTINUED : ( ) Now, on the 29th July, did you attend a meeting - on the 29th July, 1956, did you attend a meeting of the African National Congress at the Sports Grounds, New Ermelo Location Ermelo? Ek het. Did you take notes at that meeting? Ek het. How many speakers were there? I think there were seven speakers. If I refer to my notes I'll be able to tell the Court. Yes, there were altogether seven speakers. Can you say what happened at that meeting from your notes? Eerste spreker, Joyce Watson, Tweedestraat 16, Asiatic Bazaar, Benoni, praat Engels." "No freedom is freedom

46 unless it is freedom for all. I warn the Coloured people that the attacks on them are only just starting. The Coloured people must be united together with Indians and Africans and then only will they be able to beat off the onslaughts made on them by the fascist beasts who are determined to ruin our lives, If we go forward together we can beat them and blow them out of power. I am proud to associate myself with this struggle, I view with alarm the unprovoked attacks by the fascist beasts on my people. This apartheid on buses where people are reclassified as Coloured, Indian or African, I say to you there is nothing to be ashamed of to be classified as Indian, Coloured or African, but these Nationalist beasts classify to suit their own foul purpose to take away the little rights that we enjoy today,, They go further and want to extend the pass laws to African women and eventually to break up African families. They also aim at measures to deprive our people of the right of belonging to trade unions. We the oppressed people must fight on a united front and throw these filthy Nationalist beasts out of power. We must set up an honest, decent Government. We must fight to put in a Government which will recognise no colour bar and give us degent wages and houses. We want to work where we like. We must fight to throw out the fascist beasts and set up a people's government. I appeal to all of you to join the freedom loving people's organisation and thereby you yourselves may enjoy the freedom and peace which everybody is entitled to in South Africa. Down with the Nationalist beasts. Long live the people's organisation and long live the Freedom Charter and may it become a reality in our lifetime. No passes for women, down with the pass laws." "Tweede spreker, Lilian Ngoyi, 9870B, Orlando, Johannesburg praat Swazi". Can you identify this person? Ek sal probeer om haar te identifiseer.'

47 (Witness identifies Accused No. 52). And the next speaker? Bartholomew Hlapani, 1085B, Jabavu Lokasie, Johannesburg, praat Zwazi of Zulu. Can you identify that person?. - Ek het horn alreeds ge»identifiseer. This morning? Vanmore, The next person? - Vierde spreker, Edith Mosema, 8401 Orlando, Johannesburg, praat Swazi. Vyfde spreker, Sophia Sebeko, Morgenzon, praat Swazi. Sewende spreker Solomon Hlatswayo, Ermelo, praat Engels : "I want to issue a warning. I understand some of the African police insulted these women who have been arrested. They think that if they are in the S,A,P, they are right in heaven. I cannot say why they have been arrested. I can only give a warning to those African policemen who insulted the African women. I may take a step. They are supposed to carry a piece of paper to show their authority or is it a dog's licence. Be careful I may take a step now. I am now going to move a resolution, X have not been asked to speak but I want to move the following resolution : This meeting strongly condemns the action of the S.A.P. in arresting African women of Ermelo, This meeting pledges itself to work for the realisation of the Freedom Charter and further to popalarise the Freedom Charter by carrying the message of the Freedom Charter to farm workers and to those poor Africans who are digging coal for those Government employees who think they are right in heaven and insult African women. To those poor Africans who are digging potatoes in the fields at Bethal. I am sure some of them never return to their homes. Are we going to tolerate this? The Freedom Charter must come to the town of Ermelo. People of New Ermelo are threatened with a removal and this meeting condemns such action. This meeting condemns the extension of the pass laws to African women. I also call upon all present

48 to go and organise the people to 'go and get ready and to go and protest right ih the doors of Strijdom at the Union Buildings, I ask those African women to go to Pretoria and say to Strijdom : * 1;?e don't want passes', I now leave it to the meeting to adopt this resolution". "Resolusie eenparig aangeneem. Vergadering sluit af om 3.55 n.m." You hand in your notes EXHIBIT G. 533? Ja. (Leave granted to Accused 19, J. Kumalo and 34,L, Masina to be afcsant). CROSS-EXAMINED BY MR. COAKER : I take it that your evidence with regard to the previous meeting applied also to this meeting, namely that you were unable to get down everything that was said by the speakers? - Ja, dit is so, And also that you have no independent recollection of what happened at the meeting, except for what is in your notes? ^ Ja, You can't therefore remember whether there were any interruptions at this meeting? Ek kan nie spesifike onderbrokings herrinner nie, daar mag gewees het. For the record I think thax your notes show that the meeting started at 1.45 p.m. and ended at 3.55 p.m. Is that corregt? - Dit is so. Can I take it that the speeches that were made were of approximately the same length, or did they vary, or can't you remember? Ek ka^ nie onthou nie. NO FURTHER QUESTIONS. NO RE-EXAMINATION. GIDEON JACOBUS ELLIS, duly sworn; ( ) EXAMINED BY THE P.P. Are you a Detective Sergeant, South African Police, stationed at Pretoria? I am.

49 And on the 14th February, 1954, did you attend a meeting of the Colonial Youth Week in the Mariammantemple Hall, Asiatic Bazaar, Pretoria? I did. Did you take notes at that meeting? I took notes of that particular meeting. Have you got those notes before you? I have. Refreshing your memory from these notes, can you tell the Court what transpired at that meeting? - At the particular meeting there were thirxy Indians, fifteen Natives and thirteen Europeans present, A ghoir, styled 'The People's Choir 1 consisting of four natives, four Indians and two European females sang a couple of songs. The Chairman of the particular meeting was Moosa Moola, Do you know him? - I do know,. Can you identify him? I will be able to identify him, (Witness identifies Accused No, 44), Proceed? I saw Mr, Percy Cohen,.. After "Chairman, Moosa Moola"? The Chairman was Mr, Moola. Percy Cohen,.. BY THE COURT : What about Percy Cohen? He was playing a guitar. BY THE P.P, : Go on?. I saw Paul Joseph.,, Can you identify him? I will able to identify him, BY THE COURT : ' Vhere did you see him? He was one of the choir - members of the choir. BY THE P.P. : Do you know Paul Joseph? I do know him. Do you know whether he is amongst the accused? I do not know.

50 (Witness unable to identify Paul Joseph). Will you just go on with yoar notes from th^re? From Paul Joseph? I saw Hilda Watts as a number of the choir. Yes, go on? And Norman Kadushewitz. BY THE COURT : What was he? A member of the choir. BY THE P.P. s Yes? Who wise? I saw Eliphas Ditsele. Appasammy Thaivasigamoney. Yes? Yes?. Haridail Ramlal Mooloo. Duma Nokwe. Do you know him? I do not know him. How did you come to write down his name? He was identified to me by a Native Detective present on the meeting BY THE COURT : Can you remember which Native Detective? I cannot remember at the moment. BY THE P.P. : I suggest that the name be omitted. Will you just go on? I saw G, Sooboo. Yes?. And David Rapudi. Now will you go on what happened further? The people's ghoir sang a song, th^y called 'Song of Youth'. The second song they called 'March On with the Torch of Freedom 1. The third song they called it a Congress song, and it was - the first words were 'J. B. Marks, Moses, Koxane, Dr. Dadoo and Dr. Moroko'. Let us proceed? Then Paul Joseph made a speech. I cook notes of the particular speech and I am going to read the notes of the speech made by Paul Joseph. "I am grateful be here tonight to tell you a few incidents arising ou~c of my visit to Bucharest during October last year together with Mr. Hutchinson, Ismail Bhoola, Mr. Sisulu. We travelled

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