22,880. My lords, the accused Kathrada has. some eye trouble and is seeing a doctor this morning;

Transcription

1 22, /^ 1961 MR. MAISELS; My lords, the accused Kathrada has some eye trouble and is seeing a doctor this morning; as soon as he has been attended to, my lords, he will endeavour to malce his way to Court, and I ask your condonation and that the proceedings proceed in his absence. RUMPF7 J; Yes. MR. VAN NIIKERK My lords, the next accused is Joseph Molife, accused No.10, The argument has been prepared and I beg leave to hand copies into the Courts As in the other cases, ny lords, there is an index and seotion A deals with the Overt Acts, and I might at this moment say that the third Overt Act has not been proved and the fifth Overt Act has not been proved, my lords, and as far as the fourth Overt Act is concerned the Crown will not rely on that as an Overt Act but will rely on it as proving the conspiracy. So the Crown will only rely on Overt Acts Nos. 1, the conspiracy as set out in Part B of the Indictment, and the attendance at the Conference of the Congress of the People. My lords, Section B, page 2, deals with membership and accused's positions in the organisations. It sets out, ny lords - - I just want to draw special attention to the fact that Conco said that accused was a prominent member of the African National Congress Youth League, and Resha said that he was a member of the National Executive Committee of the African National Congress Youth League in 1953 and Where are you reading from? Pardon, my lord?

2 22,881. Where are you reading from? 1 MR. VAN Nil 1KERK; F and H, rny lords F, G and H, my lord. My lord, all these positions have "been set out and with respect my submission is... Just a moment. My lord, the accused took 5 part in a conference at Bloemfontein,in the 1955 conference, and that appears from Minutes which were found in the possession of.... What part did he take? as far as I can recollect. took, ny lords. It doesn't say, my lord, He didn't say what part he 10 Does this mean that he was present? He was present, my lord,, at the conference and he took part in the deliberations, accord- 15 ing to the Minutes. BEKKER J; Do the Minutes say he took part? MR. VIN NIEKERK; As your lordship pleases, KENNEDY J; What do they s ay? Mr. Molife, my lords, page , line 10 - 'Molife pointed out that what appears in New Age' is more than a review about 29 lines are quoted from the verbatim report, my lords'. I'm sorry, I couldn't follow that.. I say, my lord, the record 2? reads... The Minutes of the Conference. That is the Minutes of the Conference, my lord. PDN.144, my lords, page 2775, line 10 - line 11. "Mr. Molife pointed out that what appeared

3 22,882. in 'New Age' was more than a review as 120 lines were quoted verbatim from the report". KENNEDY J; Is that the accused? My submission, my lords, is that that refers to the accused. KENNEDY J; Why? : Well, my lord.... KENNEDY J: Is there any evidence that there was only one Molife in the A.N.C; so far as I know it is quite a common name. : According to the witness Dunga my lord, Molife was present at the conference; that evidence is,,. Did he give evidence that the accused Molife as at that conference? He said, my lords, - his evidence appears at page 46 of the Argument, where I deal with the meetings. Are you referring to your Heads of Argument? : I'm referring to my Heads of Argument, page 46, my lord, at the bottom of the page. Unfortunately I haven't got the page number - but I'll get that... KEMEIg J; 8264, is it? According to your notes, Molife, accused No.10 I don't know if that is your own note or not. I think we may as well clear it up now. I'll check, my lord. My lords, then according to a document found in his possession he is stated to be the official for propaganda and organisation. 1.JM.32, Ey lords.

4 22,883. What document is this? That is 1.JM.32, my lorfl, I know, "but what sort of document is it? My lord, this is a document which is referred to when I deal with the documents later on.. Yes, I see you deal with that. The description will he found later. i The description will he found later, my lord. Then, my lords, according to.,, Well, will it he dealt with later? I deal with it on page 6 of the Argument, my lord, where it says... 1.JM.32 appears to he a resolution. MR. V5N NIEKERK; Yes, my lords, which reads; "Every student has the right and duty to join the people for full freedom and democracy." It's signed by Mo life O.PjO, Official.... RUMPFF J- I cannot hear you. It's sgned by Molife, as official for propaganda and organisational,my lord. BEKKER J; What are the initials of that Molife? I think it's J.F. Molife, my lord. J.F. do you say? J.F. Molife, my lord. ' Is that the accused? It is my submission that it is the accused, my lord. Why?

5 22,884. My lords, the accused's initials 1 are, I think, J.S.F. Molife. J.S.P? Yes, something like that, my lord, T7here is the evidence of that? Is it in the Indictment, or what? 5 It appears on one of the documents that was found in his possession, my lord; I don't know whether it's been read into the record, my lord, but I will not press that unduly - that part of... KEMEDY J; According to the Indictment he is 10 Joseph Molife. I will not press that, my lords, Yes, but Mr. van Niekerk, it's important for us; we have to go through all this meticulously to find out what the position is at a later stage if you don't 15 deal with it, and that will make it very difficult for us. You see, if you say that he was the official for propaganda and organisation and you mention him, well, that*s one thing, but we just want to know where you get it from. Now you say you won't press it. Does it mean that we 20 must take that out? Will your lordships just bear with me a moment. I think your lordships can delete that p art, my lords. According to Ngcai, my lords, he was a member of the African National Congress and according to 25 the witness Sharp he was in the African National Congress from 1954 to In regard to Ngcai's evidence, when was he a member of the A.N.C? : Ngcai did not say, my lord. 30

6 22,885. Well, what did he say? He said... Was he a member of the A.N.C, at the time he gave evidence? Yes, my lord; he just said he was a member, my lord, of the African National Congress. KENNEIY J; It's not relevant. No, my lord. And neither did Wessels say but Conco said he was a prominent member of the A t N,C, during the Indictment period, my lords, and Resha said that he was a member of the National Executive Committee of the African National Congress Youth League in the years 1953 to 1954* and at one time he was a branch member of the African National Congress Youth League, my lords. He was secretary of the African National Congress, Alexandra branch, and a member of the African National Congress Youth League. This was announced at the meeting of the 28th February, 1954, my lords. RUM""FF J; Wait a minute. You are dealing with (i) - Secretary of the A.N.C. Alexandra Branch and member A.N.C.Y.L. You say this was announced. I'm sorry, my lord. Masilele said that he was the secretary of the African National Congress, Alexandra Branch, and a member of the African National Congress Youth League, but Masilele did not say when he was a member; but at the meeting on the 28th February, 1954, which Madyuta testifies to, Molife was announced as secretary. Of what? Of the Alexandra Branch of the A.N.C.

7 22,886. BEKKER J; This Molife, or.a Molife. This Molife, my lord, BEKKER J; Did he say the accused? The accused. What did he say? Madyuta, that is, "Today we are holding an A,N«C. meeting; this is a meeting of the African National Congress of the 28th February, as reported by Madyuta. "Today we are holding A.N.C. meeting on Sunday we shall have a big meeting of Transport Action Committee speaking on Bus fares. Our secretary Molife has gone back to school but he is still our secretary. Do you know the person Molife?-- (A) I do". ("Q) Of what was he secretary? (A) The African National Congress Alexandra Townshop Branch", That is what he says, my lords, KENNEDY J; Did he identify him? My lords, Mdyuta my lords, I return to this - - I'll check up on the identity.. I'm sure Madyuta did identify him... KENNEDY" J; And on l.a also; check on 1(a) and 1 (j), Mr. van Niekerk. As your lordship pleases. Then, my lords, Weasels said that he was a member and secre tary of the Evaton Peoples Transport Committee. That was only for a year, in 1955/56 my lords. Where does Wessels say that? I'll check un and give your lordships the reference. BEKKER J; What's 8212, Mr. van Niekerk? 8212, my lord, is a mistake in the typescript, and according to Resha he was one of

8 22,887. the most important members of the Boycott - the Bus Boycott, my lords, page of the record. KENNEDY J; Does the Crown say that in this instance, because he was an important member of the Bus Boycott, he had something to do with the A.N.C? My lord, at one of the meetings, the evidence will be that at one of the meetings the accused said that the African National Congress meetings and the Bus Boycott meetings were the same meetings, my lords, KENNEDY J; Well, I know there was some evidende to that effect but I'm not certain how far your point carries that evid enc e. My lord.... Standing by itself, Mr. van Niekerk; in any event what is a member of the Bus Coycott? I'm sorry, my lord, it should be Evaton Peoples Transport Committee; but that is how Resha,.. Just a minute. Is he one of the most important members of the Evaton Peoples Transport Committee? : That is so, my lord. But Resha says in his evidence that he is one of the most important persons of the Bus Boycott, my lord, referring to the Evaton Peoples Transport Committee. BEKKER J; But what does it mean? My lords.... KENNEDY J; He may have been a member of the public. Quite a number of meetings, my lords - - there is evidence of quite a number of meetings

9 22,888. of the Eva ton Peoples Transport Committee. KENNEDY J: Yes, I remember the evidence about the meetings; I just want to know how far Resha connects this accused with the A.N.C. in regard to what you have said in your submission. Perhaps you'd check that up in the evidence as well. My lords, Resha says that this accused was a member of the National Executive Committee of the African National Congress Youth League, 1953 and 1954, He also said that he was one of the most important members of this Transport Committee. Of this Transport Committee? We've got evidence that he was secretary. Yes, my lord, we've got evidence that he was secretary, I proceed, my lords, to paragraph 'C', Searches. Accused was searched by Sgt. Wessels, the house of accused was searched by Sgt. Wessels in his absence- Molife was not there; and Vessels took possession of documents and those documents are listed, and on the 5th December, 1956, Wessels pointed out the house of Molife to one Labuschagne, and Labuschagne later on handed a list and some documents to Wessels. I refer to those documents, my lords, and labuschagne said that he searched the house that Wessels had pointed out to him; he searched the room, he took the documents, made a list of these documents and handed all these documents and the list to Wessels. labuschagne identified these douuments referred to, my lords, on JM.31 to L. JM, 67(a); 1.JM.27, and 30, as the documents that he had handed to Vessels.

10 22,889. Then, my lords, I proceed to 'D* which is a summary of the documents and from page 5 of the Argument I refer and quote extracts from these documents and state what these documents are. My lords, with respect I'm dealing with these documents. If your lordships will have a look at the Index I'm dealing with these documents from page 23 - from page 4 to page 2 3, my lords I give extracts from these documents; then I deal with these documents "byway of submissions, by submitting that these documents support the Liberation Movement and denounce the present State, With your lordships' permission I propose to deal with these documents by way of the submissions from page 23 onwards. Well - - from page where onwards? The bottom of page 23. Well, you might just go quickly through the documents and tell us what they are. l.jm. 16 at page 5, Manuscript document.. what is that document? It! j a manuscript document, my lords, undated and unsigned, and it contains the passage quoted at page Has it got any heading? My lord, it starts of "The duties of the C.Y.L..." Has it got any heading? No, my lord, not as far as I can recollect. Is there any evidence of whose handwriting this is? There is no evidence of whose

11 22,89 0. handwriting it is, my lord. 1 Yes. which is.. My lords, then I go to l.jm. 20, l.jm a resolution adopted at 5 Kliptown in 1955; one resolution? Yes, my lord, that's only one re so lution. Is it a document containing that? It's a document containing that my lords. 10 Typewritten, manuscript? It's a roneoed document, my lord. Roneoed? Yes, my lord. 15 l.jm we have heard about that - Resolution - "Every student has the right....". resolution of what? My lords, it's - on page 2939 of the record, at line 15 to 16, the following is 20 recorded there; "The next document, my lord, is a typed document containing certain signatures; it starts,. We, the undersigned, students requisition a general meeting for Thursday the 21st to move the following resolution; Exhibit 1.JM.32", and then it goes on, my lords, and says "There is a typed signature bearing the name of J.S.Molife official for propaganda and organisation." ("Q) Is this letter on the list? (A) The list contains names of students." That is all, my lords. Then it isn't a resolution. It's a

12 22,891. proposed resolution. Then it' s a proposed resolution, my lords. As I have indicated, my lords, I'm not relying on that document at all. Then l.jm.36, my lords, is the African National Congress Report for 1954 Conference - the same as A.37, my lords, which is fully dealt with on the argument on the A.N.C. and l.jm.33 is Sechaba - the same as H You needn't read all that. Those documents, where it is clear what they are, you can just skip them, : As your lordship pleases, I just want to draw your lordships' attention to the fact that l.jm.34 - Cbngress Voice - at page 7 of the Argument, my lords, where they refer to the agitation and propaganda are essential ingredients of our work. They raise the political consciousness of the masses of the people, and dispel illusions about the false hopes that change will come about by change of heart of the rulers. The people have become convinced that freedom does not come as a gift, but that they shall pay a high price for it." You deal with the contents later? I shall deal with the contents later, my lord. l.jm.41, what is that? : It's a document, my lord, according to the record which reads "It's a manuscript document - a resolution and it reads". That is all, my lords. We demand, or the demand? Your notes say he demands 'he' demand - should it be 'we'.

13 22,892. I'll just check that, my lord. It's 'we' my lord; we demand. Below that, l.jm. 62- that can go out, can it? That must go out, my lord, yes. KENNEDY J; And may I take you back to page 9 - Draft Resolutions 1 and 2. Do you propose to use those? Only as a document in his possession, my lord, not... KENNEDY J: For what purpose? For the purpose of knowledge of what was contained in it. KENNEDY J; A knowledge of the contents? Yes, my lord, a knowledge of the contents. KENNEDY J; Well, what does it mean if he knows or has a knowledge of the draft resolutions, if we don't know what happened to these resolutions? My lords This is all in 1.JM.67A, is it? My lord, it's in 1.JM.67A which is the 12th Annual A.N.C.Y.L. Transvaal report. RUMPFF _J; Is it a report? : It is a report, my lord, The whole document, or does it consist of minutes and report and so on? MR. VAN NUEKERK: My lord... It merely says "12th Annual Conference refers to liberation Movement, the B.E., the W.A. Removal and on page 317 in the Executive report the following appears; then there is a further reference to the Presidential

14 22,893. report; now what is it? Is it a "bundle of documents consisting of resolutions, minutes, report? And then at page 9 there is this draft resolution 1, draft resolution 2. Now where does that appear,in the Presidential Report or in a separate document? A.49, my lords, is the same as document l.jm,67a, and A.49 is recorded in the record from page 310. RUMPEF J; At page 310? Yes., my lord,.,., page 309, my lord it starts. "It's the 12th Annual Conference of the African National Congress Youth League Transvaal% The first page is headed 'Programme',(reads on). Date 25th September, 1955, at Sophiatown, my lords. Then it gives the Executive report to the 12th Provincial Conference of the African National Congress Youth League, and sets forth the 12th Annual Report of the African National Congress Youth League..I wish to command,.,,,," Well, the executive report you've got there? The executive report, yes. KENNEDY J; Then the Presidential Report.. It goes to page 318, my lords, KENNEDY J; Page 318 to 321, does that consist of a portion of the Presidential Report; then at page 321, line Page 321, line 22, there is the draft resolutions. And from page 322, also draft resolutions. Then this is the programme plus the report to be submitted to this Conference - a programme

15 22,894. of the conference and the report to he submitted to the 1 Conference. MR. VAN NX KERK: As your lordship pleases. What happened to the draft resolutions? I have no knowledge of what 5 happened to the draft resolutions, whether they were adopted or not, my lords. KENNEDY" J: Well, then, should they stand in your submissions? Would your lordships allow 10 me to just check up on that? Now, page 21, if I may take you forward again, Mr. van Niekerk, 1.JM..6 is a Soviet Review of World events and News August That is a periodical,, my 15 lord. Is that the nane of the periodical? MR. VAN NPT-ER::.; That's the name of the periodical, my lord. No contents were read in? 20 No contents were read in.. And what is the document, l.jm.7, Review of world events? That is also a periodical, my lord. RUMPFF J s And what must we infer from the fact that it' sa review of world events? Nothing was read into the record, my lord. KENNEDY J; Well, the next three, L.JM.7, 8 and 9, 30

16 22,895. Mr. van Niekerk, the point is this: l.jm. 6 is a Soviet Review, but l.jm. 7 is a review of world events. Is there a difference? My lord, REMEDY J: L.JM. 7, 8 and 9, Mr. van Niekerk. : My lords, the record only reads as reflected here. RUMPFF J s But what does it mean, a review of world events? Why did you put it in? For that natter you night have put in the Outspan or the Huisgenot... Now what is L, JM. 9, magazine? : That is how it is reflected in the record, ny lord. But why have you put it in your Heads of Argument? Will your lordship please to RUMPFF J : No; I want to know why you put it in? : Just for the sake of completeness, ny lord; I put in every document that was found in the possession of the accused, my lords. And l.jm. 10, International Economic Conference issue NO.7 April 1952? That is also a periodical, my lords, KENNEDY J: Is this a new author, l.jm.31? : My lord, that is Mao-sa-tung; a typographical error. KENNEDY J : I see. Page 23, oh yes, page 22, l.jm.43, Bulletin 'News' - a review of world events July Is there any evidence about that document?

17 22,896. my lord. There is no evidence about that, 1 Then that goes out, I take it. As your lordship pleases.. Page 23, l.jm. 67B, Constitution, A.N,C.Y.L, Is that the same as another document? have 5 the contents of this been read in?.; The contents of that document have not been read in, my lords. Why not? read in, my lord. I don't know why it's not been 10 Isn't this one of the organisations with which you are concerned? As your lordship pleases. Why haven't you got the Constitution 15 in? Why, if you have it, didn't you read it into the record? MR. VUT NI.'KERK; I don't know why it was omitted, cy lord. Well, the next goes out. It certainly 20 doesn't appear to have been read into the record. MR. VAN NU'KERK; As far as I can make out it has not been read in, my lord. Well, then it goes out. He only had in his possession a Constitution but we don't know what 25 Constitution. A constitution of the African National Congress, my lord, of which he was a member. That is all. MR. mi SEES; Is this IJMjS7(E)? 30

18 22,897. l.jm. (B). MR. MAES ELS; Well, the record calls it E, my lord. It may be B but it calls it E. It says "IJM. 67(E) Constitution, African National Congress Youth League, revised Constitution for possession only." For possession only, oh.. MR. MIS ELS: And it says "revised 1 ', my lord; I think my learned friend left that out, Revised; for possession only? MR. Mil S ELS: Yes, my lord, and it's called E in the record. MR. ovan NIEKERK: I'm sorry, my lords. And IJM.67(B) - Minutes 14th August, 1956, E.P.T.C? : That's the Evaton Peoples Transport Council, my lord. Has this been read into the record? Or is this also just for possession only? : Only for possession, my lord, So IJM,67(B), (F), (G), all for possession only? Yes, my lord, for possession only, (D), (E), (F) and (G), my lords. Will you now continue on your submissions. : As your lordship pleases. My lords, the Crown respectfully submits that the documents in possession of the accused shows support for the Liberation Movement as shewn in Part A.2 of the Policy Schedule. (i)ijm. 16 is a manuscript document in ink stating the duties of the T.Y.L. as a spearhood in the

19 22,898. National Liber at ory Movement today should be It 1 is more than ever imperative today to accommodate the realignments of social forces to consolidate and ossify the forces of liberation and to guide and control them «0 in order to enable them to fulfil their historic mission, BEKKER J; Is ossify correct? Because consolida- 5 tion seems to me to be at variance with ossification? : I'm sorry, my lord, I have difficulty in hearing. KENNETK J; To consolidate may be to ossify, but it doesn't seem so to me. Is ossify correct? 10 s Ossify is the correct word, my lord? that is the word that is used in the document, my lord, KENNEDY" J; Yes. That is the correct word? That is the word used in the docu- 15 ment, ay lord. It means to harden, my lords. KENNEDY J; Yes; well, it might mean that, It might mean that, yes, my lord. KENNEDY J; My meaning is different. : Then, my lords, in 1.JM.33, 20 Secbaba and a portion of this document was read into the record at page BEKKER J; Just a minute. Who wrote 1.JM.16? It's undated, it's unsigned. It's undated and unsigned, my lord, yes. It's a manuscript document, if I remember correctly. BEKKER J Can you rely on this to say that the accused supported the Liberation Movement? My lord, the point I try to make 30

20 22,899. with this is to show that the documente that the accused had 1 in his possession follow a certain line, and then the accused, when he addressed meetings, followed the same line. But you say in your Argument that that shows support for the Liberation Movement, that this document shows support for the Movement, 5 The document, yes, my lord, Yes, I see.. KENNEDY" J; Not necessarily the accused; you are going to bring that up later, are you? That will be my argument,, my 10 lord. Then l.jm.33, which is Sechaba, and a portion of this was read into the record and the portion reads; - "We believe that all vanguard fighters for freedom and led in the final analysis by the militant programme and actions of the A.N.C. n 15 Is that a complete sentence taken from the document? Or is it part of a sentence? What does the record say, Mr. van Niekerk? : "We believe that all vanguard " " 20 fighters for freedom and led in the final analysis by the militant programme of action, of the A.N.C," That is the complete sentence, my lord. But this does not mean that the African National Congress should expect to try and claim a monopoly of all " We believe that, or we believe in? 25 Could I just have a look at that record for a moment? KENNEDY J; Well, it doesn't read sense. No, it makes no sense, as it is reported in the record. As your lordship pleases. 30

21 22,900. Well, what do you say? With respect, my lord, it's Just a word has been left out somewhere... But what word? It seems to convey the impression, my lords, that... BUMPS? J; If you submit that the 'and' should be 'are', possibly you may beright; I don't know; it depends on the machine, what the person rea<j, what the original document said. You see the next sentence - - I don't know if that's been read into the record may throw some light on the meaning of this, but as it stands it is rather meaningless. As your lordship pleases. KENNEDY J; In any event, Mr. van Niekerk* does it support your submission that this document shows support for the Liberation Movement? Would you please point it out, if it does? My lords, that the Liberation Movement - - in the Liberation Movement there is usually a reference to the fighters for freedom, and when they referred to the fight for freedom I took it they meant fight for the Liberatory Movement. KEMNEIY J; I think that's an assumption on your part. In view of the uncertainty of this sentence and that on the face of it, it doesn't purport to support the Liberatory movement, hadn't it better come out? As your lordship pleases. Is 1.JM.33 the same as HJ.112? MR. KM TRIP GE; My lords, with respect, that is so; it's a document entitled "Don't stifle the Womess

22 22,901. Federation". That is the same, is it? : I am indebted to my learned friend, my lords. Have you said that this may be taken out : As your lordship pleases, Yes, thank you. : Then, my lords, the next part refers to the womens' fighting front, the Women's Federation is the counterpart of the alliance built by the Congress Movement." Isn't that also out? : Also, my lord. Then the African Lodestar which is the same as A.205, my lords. "Under those conditions the principal task of the people's liberatory organisations, led by the African National Congress, South African Indian Congress, South African Coloured Peoples Organisation, and the South African Congress of Democrats, is to mobilise the people of South Africa - Africans, Indians, Coloureds and Wuropeans - to resist the march of the Fascists in our country, to stop the humiliating exploitation of the vast majority of the people, to wipe out racial discrimination and to establish true democracy, racial harmony and prosperity for all the peoples of South Africa. Asthis is the principal task of the peoples' liberatory movement, it should also be the principal task of progressive youth organisations in South Africa. Progressive youth organisations must unite with the peoples' Liberatory Movement if they expect to achieve democratic rights." Then, my lords, l.jm.37, it's a "New Youth"

23 22,902. Vol.1, No.4, at page RUMPFJF J: You say it supports the Liberatory As your lordship pleases.. Yes; just go on to the next. 1.JM.37, In an article 'The Youth shall win 1 "by A. First, it has been proved in the history of the Chinese Youth Movement, that if the youth movement in colonial and semi-colonial countries ie to contribute its shares it must be closely linked with the patriotic and liberation movements of the masses of the people «... Yes. Just go on to 46. : 1.JM.46, my lords, "The struggle for democracy in South Africa is growing stronger every day. The political organisations of the oppressed people are forging stronger ties between themselves and the masses. A high degree of political understanding has been achieved. The people have become more conscious of their strength and they cry defiance to the racial policies of the Government. In the past we talked of the struggle of the African people, the Indian struggle and the struggle of the Coloured people. There was no co-ordination, neither among these groups nor with those white progressives who fought for equality. But today the people have come to realise the urgent necessity of mobilising, through their respective organisations, all democrats, black and v/hite, to resist and conquer reaction by united effort." KENNEDY Jg Why do you say that supports the liberatory Movement, rather than that it is a movement of co-ordination between the various parties?

24 22,903. MR. VAN NIEKER.": As your lordship pleases. KENNEDY J; Do you agree? 1 agree, my lord. Next, my lords, is l.jm, 47, Liberation No.5, "For years now the Capitalist countries have lived on raw materials and cheap labour from Asia and Africa. The rise " Well, that refers to the liberation movement in Asia and Africa, yes. Yes, my lord, and then the next portion... RUMPFF. J; l.jm. 50. MR. VAN N1EKERK; l.jm. 50, my lords, Viewpoints and perspectives Vol What is that, "Viewpoints and Perspectives? My lord, that is a document which was found in possession of this accused. It's only described as "Viewpoints and Perspectives". KUI3EFT J; Well, it doesn't matter? you say it's in support of the Liberatory Movement. At the end, my lords., RUI1PFF J; It refers to the Liberatory Movement in this extract. Yes, namely that the participants and supporters of the Club uncompromisingly support the basic principles and aims of the Liberatory Movement." Then 1.JM.63A, Bulletin of the Youth League, Vol.1 No I have already referred to that. Yes, that refers to the Liberation Movement. As your lordship pleases.

25 22,904. MR. VM NIEKBKK And at page 29 it says this, Russia has cone out into the open, in open support of Mau Mau terrorists in Kenya. They are described " Where are you reading from? Page 29, yes, VAN NI~:KERK; If your lordships would allow ne to read that portion. liberation novenent. "They are described as a national The tern national liberation novenent is used by Moscow to describe a colonial novenent of a i revolutionary character seeking to liberate areas and set up an independent regine ;; (In the Sunday Tines of 26th October, 1952). Our connent: That is exactly what a national liberation novenent is. That's the connent of the Youth League MR. VAN NIEKCRK; Of this bulletin, yes, ny lord. Then, ny lords, "it is respectfully subnitted that the docunents in possession of the accused contain the following: a denunciation of the present forn of State, denanding its destruction and substitution by a different State based on the Preedon Charter." Then, ny lords, the first is a circular letter to Chief A.J.Luthuli which says, "On this Colonial Youth Day 1955 we the Youth of South Africa of all races and fron different walks of life send you our fighting greetings. To us you are not only the leader of oppressed South Africa, striving to e stablish a free and happy future for all its peoples, nore than that you synbolise colonial Africa in revolt - unfettering its chains of oppression, narching forward courageously, proudly, determinedly to restore light into a Continent darkened by Colonial oppressors and oadmen; marching forward to ensure

26 22,905. a place of dignity and honour for its peoples, side with the free peoples of the whole world. win - for right and justice are on our side." side by We will 1 And 1.JM.15, ny lords, which refers to the Congress of the People, where delegates. KENNEDY J; Into which group does that fall? 5 s The denunciation of the State, ny lord, expressing the grievance they have and also the plan and the sort of life they would like to have. KENNEDY J; I beg your pardon? s It refers, ny lord - it 10 criticises the present State - "wkll be able to express the grievances they have,... and to plan the sort of life they would like to live" - - that would envisage a new State ny lord, in ny subnission. RUMEFF Js By inplication? 15 s As your lordship pleases. RUMPFF Js There is no direct reference at allj there is reference to a dark continnent - is the new State a light continent? s I thotight your lordship was re- 20 ferring to the second part. KENNEDY J; I was just wondering under what portion of your submissions under D(iii) - your sub-heading l(jn.l) falls - - the one you've just read. s Oh? 25 KENNEIK J: Is it denunciation; does it denand destruction; does it denand substitution by a different State? Because on the reading it doesn't, prina facie, do any of those things. s Well, it refers to oppressed 3

27 22,9C6. South Africa, which seems to he a denunciation of the State, ry lord, and striving to establish a free and happy future for all its peoples. KENNEDY J; Well, what's the matter with that? Well, if that is read, my lord, with colonial Africa in revolt against its chains of oppression, that I think takes it a bit further than just mere criticism, ny lord. Then on page 30, ay lords, l.jm. 15, referred to the Congress of the People where delegates will be able to express the grievances they have, and also plan the sort of life they would like to live. Then l.jm.32, my lords, which is a typed request stating that every student has a right and duty to join the people in the struggle for full freedom and democracy, RUMPFF J ; l.jm. 15 and 32 what about this document; is it out? : As your lordship pleases. 15 does not bear out the submission under D(iii). My lord, with respect, whenever there is a reference to the Congress of the People my submission is that that refers to... RUMPFF J : Because of its reference to the Congress of the People? : Yes, by implication it is a reference to the new State, my lord. Then l.jm.34, Congress Voice, "Many organisations have come and gone, but the African National Congress has becoae a political force in the life of South Africa,

28 22,907. and the wrld looks to the day when the Government of this country will pass from the hands of the reactionary oppressors into the hands of the people, the African National Congress." 1, JM.53, my lords, is an African Lodestar, "The Youth will have to give a straightforward and practical answer at this conference, not only by passing the resolutions, hut by painstakingly translating those resolutions into hard facts, thus giving our reply to Mr,,M, Sisulu's injunction to 'make 1954 a year of mass youth activity, to wipe out fascism from the country of our birth." Then the next document, my lord, is 1,JM,67(A) "In conclusion we must thank the youth for their response to the Call of the African National Congress to participate in the struggle to defeat Fascism and to bring freedom in our lifetime." l.jm.67(a) 12th Annual Conference A.N.C.Y.L. - Presidential Report, "Speaking as I do to the democratic youth of South Africa, I need not describe in any detail the bitter experience, inhuman hardships, to which youth in colonial countries are condemned. By making use of deceptive slogans, the Nationalist Government of South Africa has managed to convert our country into a police State, and to intensify the exploitation and oppression of the people. " It goes ons "And if we can teach the youth to accept the political leadership of the African National Congress, we shall also be teaching them how to change themselves and the country for the better."

29 22,908. Then l.jm.53, New Youth, Vol.1 No.4. "Let the Call go out tomorrow for a mass concerted struggle to defeat the apartheid monster and the people of South Africa can be assured that we will be where we have been for these many years - in the ranks of active workers for freedom. It refers to a new South Africa? just refer us to the term. You needn't read the whole thing. : As y^ur lordship pleases, 1,JM # 60, my lords, refers to the struggle for freedom and democracy, What does that mean? : My lord, it's a term which they use, freedom and democracy. Mr. van Niekerk, you've got a document here; you infer from that that - or you say the oontents of these documents show that the State has been denounced, it's destruction is being demanded, and a different State is to be substituted. Now what does l.jm, 60 do? : It's referred to on page 23 of the Heads of Argument, my lord, at the top of the page. I beg your pardon? MR. VAN NIIKERK: My lord, it's referred to on pcge 23 of the Heads of Argument. The road to higher wages; yes, that doesn't help me at all. Must we say that the State - the documents show that the State has been denounced, or that the State is denounced in the documents - - that the destruction of the State is demnded, and a different

30 22,909. State is also demanded, based on the Freedom Charter, and in proof thereof there is l.jm. 60, The road to higher wages - the sane as A. 12; t it refers to the workers struggle etc.,. I don't know the relavance of this document in regard to your submission, Mr. van Niekerk; how is it linked up with your submission? My submission, my lord, is thatwhat the document tries to convey is that what we have in South Africa is not freedom and democracy, and that the workers must struggle for that freedom and democracy, * RUMPEP_J; Well, then you had better quote us the document. Has it been read in? My lords... Because this doesn't appear to be so from your Heads of Argument. : As your lordship pleases. Is this a South African document? My lord, it's a document issued by the No^-European Trace Unions and was found in possession of the accused - A.12, my lord. Page 169, my lords; - at page it is a document published by the Council of Non-European Trade Unions and the last two paragraphs read: "If all the African workers organise into trade unions they will uplift the whole of the African people". It goes on to say: "Side by side with the National Liberation Movement the Trade Unions must fight against pass laws (reads on) all restrictive measures which are intended to keep us on low wages, bad work and living conditions. The struggle is on...."

31 22,910. Will you just read slowly and clearly, 1 Mr. van Niekerk. : Therefore, side by side with the National Liberatory Movement the Trade Unions must fight against the Pass Laws, Colour bar in industry and all restrictive measures which are intended to keep us on low 5 wages and bad working and living conditions. The struggle is on for higher wages, jobs and homes, social security and a better life for our wives and children. This is a struggle in which every working man and woman should play his or her part to become a soldier, not only for 10 better wages but also for freedom and democracy. Join the Trade Union Movement now." That is the full text, my lords. Then, my lords, it is further submitted that these documents show a condemnation of Capitalism, Im- 15 perialism and fascism and a praising of the conditions in the Soviet Union and China,-and I quote from 1.JM.67A, "Daily the political consciousness of our youth is mounting, daily our struggle draws in all sections " It refers to the attempts of the Imperialists to sabotage 20 the Geneva agreement, to surround the freevrorld with war blocks and alliances,.and to revive German and Japanese militarism in preparation for a new war in order to enslave the world" Then the draft resolution, my lords, which 25 refers to the warmongers led by the United States Government which is preparing the throw the world into an atomic war " Was this draft resolution adopted? : That is the point that I will 30

32 22,911. check... Well, then leave it until you have checked it. MR. VnN NIEKERK; 1.JM.37, my lords, a New Youth Vol.l No.4, "We salute the people", and it praises the conditions in the Soviet Union and China. revolution a victory against Capitalist, v' Calls the Russian feudal and Inperial- ist exploitation, where the ordinary working people together with the working peasantry wrested power and set up genuine poeples rule. "In the case of China after many years of bitter struggle." Is this now a quotation? This is a quotation, my lord. RUMPFF J ; That follows? That fol'ows, ny lord. Yes. : In the case of China, after many years of bitter struggle against European Colonial oppression, 600,000,000 non-white people drove the oppressors from their country and set up their own peoples democratic go vernne nt." Then 1.JM.47, my lords, is a "Liberation" No.5, article by Mandela, "The countries of the aggressive Atlantic bloc are in danger of losing their national independence as a result of American interference in their domestic affairs. In their lust for markets and profits, these imperial powers will " Yes, it attacks the Imperial powers. : That is so, my lord. It doesn't say which they are, but it

33 22,912. is opposed to American intervention. Yes? And the sane with Africa as a War Base, and then my next submission, my lords, is that the documents show support for the Freedom Volunteers, My first quotation is from 1. JM, 2'Q, "Speaking Together", "bulletin of the Congress of the People No.l of August Knthrada speaks of the need for volunteers. That we know. Yes, my lord, and then in these documents support is shown for the Western Areas Campaign, and Bantu Education Act Campaign. l.jm. 67(A) - "The growth of political consciousness amongst our ranks was shown not only by. There is a reference to the We stern Areas. Yes, my lord, and then... BEKKER J; The activity of the youth in the Western Areas. KENNEIY J; I presume you are going to argue that the reference there has a linking up with the support for the campaign ogainst the Western Areas removal? That is my argument, my lord. going to argue that? That is your argument? Or are you : My lord, well.... Is this the Y/estern Areas, or is it only confined to Bantu Education? : My lord, this quotation only refers to the Western Areas and Bantu Education. Education? No; does this only refer to Bantu

34 22,913. : With respect, not, ny lord. Do you say it refers to the Western Areas Canpaign against the renoval? MR. VAN NEKERK: As your lordship pleases- How and where does it do so? : My lord, on page KENNEDY" J: No, in your quotation - the activity of the youth in the Western Areas in the struggle against slave education. My lord, ny quotation there is not as conplete as it should have been. Well, then you nust tell us that. I'm sorry, ny lord. It says on page 320 of the record where this passage A.49 was read in, "When the struggle a gainst " What line is that? MR. VAN NI7XERK: line 15, page 320, ny lord; "When the struggle a gainst the forcible renoval of the Western Areas develops into its second stage, and the African National Congress calls to the people to defend hones and property, the youth took an unconpronising stand; the growth of the political consciousness anongst our ranks was shown not only by the nilitancy of the youth, but by the fact that not only the youth of the Western Areas responded to the local situation, but volunteer youth fron Gerniston and Natalspruit cane to assist in the struggle to resist apartheid. The growth of political conscious ness is also denonstrated by the activity of the youth of the Western Areas, Gerniston, Natalspruit, Benoni, Brakpan and Alexandra Township in the struggle against slave education".

35 22,914. My lords, referring to the Defiance Campaign, it is submitted that this document supports the Defiance Campaign and gives the correct interpretation on its importance: l.jm. 63(B) which says; "The campaign for the Defiance of Unjust Laws marks the beginning of a revolution in South Africa. For what else could voluntary acceptance of suffering be a manifestation of, than a radical change in the way of the thinking of the people?" KENNEDY" J; You needn't read any further. Prima facie it shows it is a reference to the campaign against Unjust Laws. As your lordship pleases. With respect, my lords, the following paragraph refers again to the revolution - - "This brings me to my earlier assertion that we are on the veryge of a revolution. Revolutions are supposed to be violently cataclysmic but the explosio is always preceded by a phase of mental preparation and I say the Defiance Campaign is a means to that end or is it not?" D (8) My lords, it is respectfully submitted that in these documents there are statements which advocate or support unconstitutional, illegal and violent action. BEKKER J; Mr. van Niekerk, tell me more about this article; that's not an editorial, is it? Is it a letter written, or what is it? 'I say the Defiance Campaign is a means to that end, or is it not?'. MR. VAN NI^KZRK; There is a document read into the record at page 2945 and then it says... something appears on the first page and then on page 3 there is a passage on Africans... RUMPFF J s What is the date of this bulletin?

36 22,915. HJMPFF J; On page 4, my lord my lords, it is Vol.1, Youth League. No, 6, issued by the African National Congress Apparently there is no date on it, hut it refers - - it must have heen issued after the Defiance Campaign, my lords. It says on page 4, "The true significance of the Defiance Campaign" - - it seems to he an article, my lord. It does not say by whom it was written, That is the only information available, my lords. I proceed, my lords, "It is respectfully submitted that in these documents there are statements which advocate or support unconstitutional, illegal and violent action". Then l.jm.34, this document states; "Agitational and propaganda are eeeential ingredients of our work. They icise the political consciousness of the masses of the people, and dispel illusions about the false hope that change will come by change of heart of the rulers. The people have bedome convinced that freedom does not come as a gift, but that they shall pay a high price for it." And l.jm,37, my lords, New Youth Vol.1 No.4, "It is bettet to die fighting on your feet than live on your knees." Then l.jm.37, "No sacrifice will be too great in the struggle to achieve freedom in our lifetime." Then it goes on: "You must always remember that the cause of freedom is just and invincible. There is no such thing as defeat. Remember that no struggle in any part of the world was won in the drawing rooms and conference tables. Much less can we expect white South Africa to hand to us on a silver plate what they are prepared to go all lengths to preserve, Freedom will only be real freedom when it is

37 22,916. fought for find won by struggle end sacrifice. We must at all tines know that, as with the struggle of all people, so with the struggle of all peoples, the main brunt will hve to be borne by the youth." Then l.jm.37: "We salute the people": "In the months of October and November peoples throughout the world participated in the celebration of two anniversaries. On the 1st of October they saluted the 5th anniversary of the founding of the Peoples China, and on the 7th November they will unite in worldwide festivities to mark the 27th founding of the Soviet Union." On page 39 it says: "Of both these events, oppressed people all over the world have reason to be proud and joyous. Besides instilling a new confidence in the masses of peoples in their strength and power, the 1st October and the 7th November hold out an eternal ray of hope. If ordinary people like us in Russia and China could do it, why can't we, and, we have further reasons to be happy on these anniversaries. Throughout the years of the existence of these two countries, the Soviet Union and the people of China have established themselves as the foremost champions of the rights of the oppressed colonial peoples." Then, my lords, l.jm,46, 'Liberation 1 No.6, is an article by Ruth First, which has been referred to very often; it's that article in which she says - "Above all, the Liberals must not delude themselves that the non-europeans can patiently await the results of painstaking and long-term liberal education and reform of white public opinion' etc., etc. This speech h s 1)een referred to quite often, my lords, and then l.jm. 63(b) is a Youth

38 22,917. Bulletin Vol.1, No.6, "We have seen the hand of the oppressor threatening and "bloodstained, with the "blood of innocent victims on its fingers and we remembered Denver, Kimberley, Port Elizabeth and East London, They must not be forgotten. Stretch out your hand and feel the tightening pressure of chains about your arms and feet. Sink on your knees and die ignominiously with the mud and dirt of the oppressors feet in your mouth or rise up and stand on your feet and die with the kiss of the sweet air, long breathed by our forefathers before us, on your cheeks. The final choice is yours." Then, my lords, L.jm.63)E) is a manuscript document, "Remember the past"; it refers to a resoltuion "That this house reaffirm its belief in the Programme of Action adopted by the African National Congress with all its phases and what that implies, and recommends that the remaining phases of the Programme of Action be implemented." In pencil appears motion, J.S.Molife, my lords. KENNEDY J; Vhat does this document mean? Is it a motion? Is it a motion put forward at a meeting? As your lordship pleases. To be put forward, my lords, KENNEDY J: And does it mean in your submission that the accused was to put forward this submission? As your lordship pleases; that is my submission. L.JM,4-1, my lords, a manuscript document which contains, inter alia - - I only read the last four lines, my lords: "Conference pledges its full support to fight to the bitter end or until South Africa becomes a happy and prosperous country for all."

39 22,918. My lords, then I proceed to the meetings. Molefi 1 attended the following meetings and spoke at some of them and these meetings are set out and they go up to page 48, my lords, KENNEDY J; Are we to take it, Mr, van Niekerk, that the accused has "been identified at all these meetings? 5 : As your lordship pleases, the accused has "been identified at all these meetings. My lords, as I did with the documents, I*ve also done the same v/ith the speeches - incorporated with the speeches from page 82, my lords. With your lordships' 10 concurrence I only want to deal with the meetings to show ±o what extent your lordships can rely on the recording by the various witnesses. KENNEDY J: May I take you back to page 46, Mr. van Niekerk - my previous question, Meeting No. 18: I may 15 be wrong but I thought whatyou read out didn't identify the accused as being there; am I wrong? My memory may be at fault. Page MR. VAM NIEKERK s As your lordship pleases. KENNEDY J: I'm not quite certain whether what 20 you read out did in fact identify him; I merely want to be assured on that point, : Is your lordship referring to page 46? KMITSDY J: Yes, meeting No. 18. I'm only drawing that r.s an instance, because I think we referred to it before. : My lord, is your lordship referring to the meeting of the 20th May, KENNEDY J: Yes. : Where Molife

40 22,919. KENNEDY J; -There you state where you said in reply to my question that at all the meetings which you have listed the accused has "been identified as "being Molife who attended the meetings. As your lordship pleases. KENNEDY J: Now, I may be wrong, as I say; was he identified at meeting No.18? i He was, my lord.- KENNEDY J: He was? Alright.- : I will give your lordship the page. KENNEDY J: Well, you tell us he was identified, : My lords, the first meeting is a meeting of the Transport Action Council of Alexandra, 24th January, 1954; the reporter here was one Masilele. There was no criticism by the Defence on the reporting of this meeting at page You mean no cross examination? : There was cross examination,..-my lords, but.... Shouldn't you wait for any criticism? : As your lordship pleases. I mean, my lord, in cross examination there was no criticism. Then v/hy not say so. Where is the cross examination? j Page 8915, my lord. RUMPEP J: What is the cross examination? : My lord, the cross examination is directed tov/ards the national minded bloc. It says, my lord - - "Let me start with this, Masilele, you may remember...."

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