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

Transcription

1 PREPARATORY EXAMINATION. IN THE MAGISTRATE'S COURT FOR THE DISTRICT OF JOHANNESBURG HELD IN JOHANNESBURG. IN DIE MAGISTRAATSHOF YIR DIE AFDELING VAN JOHANNESBURG GE- HOU TE JOHANNESBURG. BEFORE MR.: VOOR MNR.: F.C.A. WESSZLS. REGINA VERSUS; FARRID ADAMS AND OTHERS. KONINGIN TEEN; ' T CHARGE; AANKLAG: HIGH TREASON. FOR THE CP.OWN; VIR DIE KROON; MR. J.C. VAN NIEKERK, 1VE. LIEBENBERG. FOR THE DEFENCE; MR. V.C. BERRANGE VIR DIE VERDEDIGING: MR. COAKER. MR. WEINBERG. MR. ROSENBERG Q.E. MR. MAISELS Q.C. MR. ZWARENSTEIN. INTERPRETER; TOLK; V O L U M E /C PAGES; 3<=bO /

2 This week there is one man who was sent to Bethal and they have killed him.there, leaving his wife and children. These are things which Israels were fighting against the rule of Pharaoh and killing their children. Now today we are also fighting against this Government which is murdering our children with Bantu Education. Today our Moses are Chief Luthuli, Moses Kotane, J.B. Marks. There are some people who doesn't want to follow Freedom Charter, like those who didn't want to follow Moses. After the Defiance Campaign people prepared to call all the people all over the world to come and agree together for the day to come and fight for freedom and the Government was frightened "by that Conference and "brought 2,000 police to come and stop us. Freedom Charter says 'people shall govern.' Those who are working, "but not Strijdom. 'The people shall share the wealth of the country.' there shall no Bantu Education. Under the Freedom Charter All shall be equal in law. These are all what Freedom Charter permit us. If we agree with the Freedom Charter why we cannot stand and fight. It is on us and the Freedom Charter is on us. We must fight and tomorrow we may sit down and enjoy the fruit of Africa. Long live the Freedom Charter. Freedom during our lifetime. Who spoke next? Phineas Nene. He spoke Zulu interpreted by M. Masimula in Sesotho. "I am going to speak about permits. As you know very well that Alexandra was the location vote "by Africans. They should first approach us if they want to do anything and if we don't like it then it must not work. Today the tenants think we the standholders we are the people who are causing them to be arrested. I was elected a chairman of anti-permit committee. Isaac Cladi, Thomas Nkobi, Secretary, at the time it was the time when Kotane was arrested. I went and asked Kosa and Ngane when the influx control came here, and they tfcid me that when they were elected they found it but it was not used. Vigilance agreed to join us to fight

3 permits. In the case of Kotane, Kruger gave evidence, Tout we only know him as our hoy in health committee. He must only work under our commands. In 1950 when Ben Gumede was at Health Committee, refused when the native commissioner wanted to take Alexandra to be under the municipality. And the people refused all this. The people are chased out of town to come and work at Alexandra. In 1953 Molete was at health committee. When permit came in Alexandra and we were not called to come and vote for permits. We must go to health committee. They must tell us how this Alexandra came under Urban Areas Act because in 1950 we have said that we don't want influx control." Omit the rest of his speech. Who spoke then? Thomas Nkobi. Omit his speech, and give the name of the next speaker? Sam Masimula. Spke Sesotho interpreted by S. Tsele in Zulus "Sons and Laughters of Africa, we have the right to take lawyer to come and defend you for this permits. As the commissioner you are to be prosecuted because the police will tell the court that you were at Alexandra for three days. Last Friday we have nine names of people who were arrested for permits, but they all won their case. You must tell those who are arrested for permits to come to me so that I must put them through. You must tell everybody about freedom. This thing of prohibiting us from court we are on top of it. Native commissioner is hired to oppress Africans. Everybody has the right to fight permits because the case of Kotane is still pending." Who was the next speaker? Katherine Magoi. Omit her speech. Who spoke after her? Bertha Mashaba. She spoke Zulu interpreted by Sam Masimula: "Mr. Chairman I am glad to have this chance of speaking here with you. There are people who want to agree on seeing who want to first see the pass. There is no woman who wants to see the pass or to see a woman from Winburg, because you know how bad it is. You women

4 are very lucky even if you have no husbands or hoys hut you see a man next door of you how a pass worries him. You can go to pass office you will see how difficult do they have. They wake up at 12 a.m. going to pass office, because if he go there late he will not go in the pass office and you will find police arresting them there. When they are arrested for passes they are not sent to court hut to native commissioners and they are to "be sold to farmers. Stay behind looking for him. Now women these things are going to happen to you. And how to fight it. Last year " Just a minute; isn't there anything before that? "The Government says this pass will be carried by all women, Indians and coloureds, but I say to you that your pass shall be the same of your husband with his reference book. Women will not have exemption passes, whether you have a big business, but you will be given a pass. You will hear some women asking what kind of a meeting is there, and saying 'I will not carry a pass.' How will she not carry a pass when Verwoerd and Strijdom are giving passes to us. It is on you to go and tell other women that pass is bad, and how to fight it. Last year women were stopped from buses and trains but they managed it to go to Pretoria to tell Verwoerd that we don't want pass." Omit the rest of herspeech. Who spoke after her? John Nkadimeng. Spoke English interpreted... I didn't put the interpreter's name there. "Mr. Chairman, Sons and Daughters of Africa, I can see that we have been here since this morning. I will speak about permits which are affecting people here in Alexandra. Mr. Makiwane spoke about Freedom Charter. In the credential committee we proposed that people of Alexandra should form anti-permit committee composed of A.N.C. and the people outside Congress. The A.N.C. is prepared to help the anti-permit committee. This committee must take steps if any people are arrested for permits to flog the Court. I am not prepared to dis-

5 cuss the provisions of the Urban Areas Act. Under this Act we are carrying reference "books and your children are dying in Bethai digging potatoes. That is why we say this war is not the fight of A.N.C. only. We must go to church and the Salvation Army. We shall be able to get freedom in South Africa if we unite together. As for an anti-permit committee, is not only of A.N.C. but composed of all people. Then we of other A.N.C. branches shall support you. We want the anti-permit committee to hold processions and we shall help you financially. They must also know that their struggle is also against notorious law of Bantu Education Act which is murdering our children's minds and that the struggle is towards the better life. " Who spoke then? Thomas Nkobi read resolutions. Omit that. Who spoke after him? Verginia Mngoma. Omit the speech. Do you know the speakers? Do you know J.J, Hadebe? I do, (61) Is he one of the Accused? Alfred Hutchinson (11)? He is not in my notes. Tennyson Makiwane (27)? Phineas Nene? (51) Sam Masimula ( 3 8 )? Yes, I know him. Bertha Mashaba ( 3 6 )? John Nkadimeng (54)? Are all these persons Accused before the Court? (Notes handed in Exh. G.246.) (No further questions) NO CROSS EXAMINATION:

6 PETER NKHI, duly sworn, (English/Zulu - E. Mazwai) EXAMINED BY P.P. (MR. VAN PER WALT) You have already given evidence? I have. On 1/7/56, did you attend a meeting of the Coloured People's Organisation? Where was it held? Benoni Location, Indian sportsground. About what time did the meeting commence? 3.20 p.m. till 5.30 p.m. Do you know who was the chairman? Yes, Van Staade. Do you know his christian name? Kitchener. Did you make notes at the meeting? Who was the first speaker? Unknown European male r and then again Van Staade. Then unknown Indian male. This speech of the second unknown male, please read that? "It gives me great pleasure to represent the Transvaal T.R.I.C, Our policy is " What is that, do you know? I abbreviated Transvaal Indian Congress. "Our policy is open. We are not racialist. It is a pity that the Indians in this country have racialism. It is the Government who does this. brothers as Moslems and Hindus. We Indians do not look at our It is the Government who has brought racialism. The British Government had to leave India. We find the same things prevail in South Africa. It is a great pleasure to be here with you. is the policy of our movement. We are not different nations. It The Government is doing its best to part our people from coming together. We find that the black does not trust or is suspicious of another. We find that i] parliament the black man is losing his right every hour. As one mind we can make this Government perish. We did not ask or tell the Government to separate. If the Europeans want to stay away from us, why do they do all these things. Many such a riot are made by the Europeans. People are fighting in Newclare because of this racialism. We should not for one moment think that ther<

7 is racialism. If the Government implements his policy of apartheid we do not want it. We see in Johannesburg that Indian schools in Johannesburg are removed out of Johannesburg to miles away from town. We do not want to be separated from our families. Our difficulties are many in this country. It is only by accepting the Freedom Charter that our children and everybody will have equal rights. The Freedom Charter sees that everybody shall have good education. It is now time to come together and fight and express what we want." Moodley. Who was the next speaker? The next spepke^ Mrs, M. Omit the speech. Omit his speech. Who spoke after her? Van Staade. Who spoke after her? Alex Zini. Please read what he said?-"i am pleased to be called by the chairman to talk about permit system. We must not allow these Government secretaries writing behind this lorry. The South African Government is not enjoying the people in South Africa. If it is through the permit system for the Government to get money through the permit system, we must sit and think why the Government introduced permit system. Why our own people are murdered. We must know why a detective killed Joe. There are so many crimes, but the Government does not worry about it. We must know why the cost of living is so high, and the people get such low wages. The Government is doing all this deliberately because we the Africans are fast asleep. Why do you require a permit in your own land? There are those playing football there. After that football they will be charged under the permit system. Where does a white man get a permit cf coming in this country. It is through the permit system that South Africa has become a police state." The next speaker? Leon Levy. "Comrades, I want to thank you very much. Fellow workers, for a very long time now the trade union was not mixed with the A.N.C. Every worker is ex-

8 ploited and the South African people have realised that, that the people should meet together. Permit is designed to apartheid. The Government is fighting a losing battle. Even if they try and frighten us with detectives. Any area where there are many workers, like Benoni. The people of Benoni are paid very low wages, and work long hours, dismissed without reason. No sick funds for the workers. This is a suffering place. People live in poverty here. What must the people do to sit and listen to apartheid. Benoni is now 50 years of progress and prosperity. All these for who it is the workers that brought about all this. But they get nothing in return. They only get apartheid and torn roofs of their houses. We want the powerfully A.N.C. to help us and all the other congresses. There is a union for Iron and Steel workers to fight for their wages and many other funds. There are many woman who work in the factories who are not organised. If you demand for higher wages alone the boss will chase you out of his factory and say you are an agitator. So see that all workers in Benoni are organised and shout out with one voice that you do not want passes for women and permit system. you want. You cannot throw one thing and yet you don't know what It is the Freedom Charter that we want which says people shall be equal. There shall be comfort and security. There shall be no one who is arrested for not having pass. We know our progress, the Freedom Charter. We want unity in our factories end the workers to organise themselves. How can the people in farms be organised?, They are tired of the sjambok whips in the farms." Next speaker? Van Staade. "We must think of unity that will be the day for our freedom, I shall instigate the coloured people not to pay their rent.". And then? Unknown coloured male, Stanley Lollan. After I had written unknown coloured male I got his name to be Stanley Lollan. (Spelt Lowlen) "We have oppression today. If

9 you pass through Benoni you see the beautiful houses. Our children are out of schools, we live like dogs.,r /e demand our right and together with our African people. We are tired to live like dogs. The position is not changed yet in Benoni. I say to the people who were told to leave their homes not to do it. Until we get better houses. We want clean and decent homes. We are even ashamed to go into them. Our children become tsotsis because of these slums. Because they don't live bettejr. Benoni people will not rest until they have better homes. A blind chief will always deetroy his own power. used to carry their passes on the shoulder. During Hitler people But he died with all his mad laws. We tell Verwoerd and his people that they will also die "and J**ave the South African people still the same. He talks of treason, but we do not see it. Verwoerd and his gang are guilty of treason, because they want to make our children tsotsis. When we get freedom we won't like to see Peter busy writing and Verwoerd. We do not want permits. We are tired we want to live as people and not like this. Tomorrow they will ask the coloured people of their identity cards. Together we stick. We must see that we stand together. As people we demand our rights and we will not rest until the Freedom Charter c">mes into operation." And the next speaker? An unknown native female. "Afrikal Afrikal Afrikai Chairman and the gathering. Pleased to have the opportunity to speak. It is not necessary to stand back. It is your duty to fight. I am standing here to discuss the problem of passes. I refer particularly to the men who paid the dowry for their women. We the women will liberate the men of Benoni. When I speak about passes I want to ask the mothers if they do not know the pass problems. I have two sons, who are carrying passes and they have become tsotsis. I carried a pass before and now I say Verwoerd's wife should first carry a pass. When you are alseep here in Benoni, you will be the first women

10 to carry passes. There are men who say that passes are all right, because their wives run away. Now it will be easy to find them. On the 9th we are going to see' Strijdom personally. Was there another speaker? Van Staade. Omit his speech. Do you know the speakers? Whom do you know? Van Staade, Mrs. M. Moodley, Alexander Zini, Leon Levy, Do you know those who are before the Court Leon Levy (20)9- Stanley Lollan? No. Is Leon Levy amongst the Accused? ((Notes handed in G.247) (No further questions) CROSS-EXAMINED BY MR. BERRANGE; Do you usually make the notes of speeches that you listen to in the official police pocket book? Some times. And on other occasions, what do you use? A notebook in which I report. Why do you change from one to the other? w hen I used my police book, the one that you have now in your hand, it was because I did not have my notebook* At the time that you made this entry in this book, was this the only police book that you had in your possession? No. You had another one as well? Yes, I had another one. Why do you walk around with two police books in your possession? I took this one at the police station with the intention of writing these notes in it and used that book for taking these notes. Why didn't you take a notebook? There was no notebook at the police station. And when you record that which the speakers say, do you record how long each speaker talks? No, I have never done that.

11 If I was to tell you-that Mr. Leon Levy spoke for well over half an hour would you deny it? No, You won't deny it I have counted it that his speecl is recorded by you in 30 lines of type, that would be about 360 words. Would you agree with me that you didn't get down one-tenth of what he said? I.es f I would agree.? And that might also be the position with other speakers When you write down what you hear the speakers say, what makes you be selective; what makes you choose what to write ar what to leave out? I do not choose when I write. Don't you choose the important things? No, I do not choose. When a speaker speaks I write and then he goes on speaking whereas I have not finished the sentence, I then complete the sentence and what he has said in the time, that goes unrecorded and then after I have finished writing I pick up where he is speaking. So you just write as much as you can? That is correct. Without being at all selective in what you are writing? No. So it may very well be that a lot of important things tha" are said by speakers may be missed by you and not recoruect'"because you don't have time to get them down? That can. happen. And it also follows from what you have said, I think you will agree, that what you write is very often taken completely out of its context? Yes, being in a hurry. (No further questions) MR. SLOVO; NO QUESTIONS; RE-EXAMINED BY P.P.; Do you know whether there was an interpreter can you remember? There was an interpreter, but I do not remember who Hhe interpreter was.

12 w GLADWELL NGCAI, duly sworn t (Xosa/English; E. Mazwai) EXAMINED 3Y P.P. (MR. VAN DiDR WALT): You have already given evidence? On 1/7/56, did you attend a meeting of the African National Congress? Where was it hold? corner of Griffiths and Hamilton Roads, Newclare. What tima did the iiio-e-fcxng commence? a.m. to 4.'30 p-nu About how many persons attended that meeting? About 200 Who was the chairman? Bennet Sechiro. Did you make notes of the meeting? You now- have your notes before you? Read what the chairman said? "Afrikai Mayibuyei We are meeting here this morning under the name of the African National Congress to discuss about the passes. If we can see we find that a man is carrying a pass, a permit and a tax ever since these homes were built. We never carried permits. All these laws are made for us, so that the farmers should get enough labour at Bethai. Where people are being killed day and night, only because he has no passes. These people are not convicted by the magistrate, but by the police. In short, I shall call upon my first speaker, Mr. Malupe." "Mr. Malupe% Mr. Chairman and fellow slaves, we are meeting here when the Government of this country is entirely confused, especially ever since the nationalists came into power. We are experiencing many things. It appears that this country is going into danger. They have taken more power which has made them drunk. I say on behalf of thesouth Africans we are not responsible because we did not elect them. V/e don't know them. To show that they are confused, I will tell you my people why these people " I didn't complete that sentence "are introducing permits. It

13 is.because they cannot execute the treason. You people you are responsible. If we can follow this organisation, we shall bring these men to a standstill. This very permit arrested me. I told the magistrate that I am 39 years at Newclare. The members of the special branch were present and they pointed out that I was a loafer. Today what do you say when women are fighting against the passes; What do you say you men? Today I want to quote about when General Smuts said, let us go to the middle east and fight against Hitler Nazism. Where are your brothers who were soldiers there? They are dying at Baviaanspoort, Bethai and ICoster. Are we going to allow them to exist. No, let them go away. Today it is a shame to call us men, because in a black man's house when a new child is born a pass is born. In conclusion I am giving a message to the members of the special branch, that they must tell their bosses that they are not the members of the native affairs. They are here for politics. I am warning them that I shall go to the highest court with them and they will do me nothing. I say to you my people where there is an army there is a commander. You must come to the Congress, and the Congress will command you. Afrikal Freedom in our lifetime. If we like we shall be freed." That concludes the speech of Sampie Malupe. The next speaker? Makgofe. Omit his speech. Who spoke then? Simon Tyiki. "Afrikal MayibuyeI I thank this opportunity of speaking here. We must not mind for the meetings being stopped. We should have our own places to meet. There is a word which is always said in the churches, but the Africans cannot follow it. Whether you can stay with a European, "'/hen he wakes up he will say you are a kaffir. Africans, lot us not cause hatred, but these people should know that they are our enemies. What had Jesus Christ come here to do? When he was killed by people like

14 Strijdom and Swart. The Dutch say Luthuli is creating hostility between the Europeans and non-europeans and they closed his mouth. When the Dutch preach at you they say a European is superior than a black man and is your God. I say to Strijdom whether he is overseas, the time has come that we should agree with one another. Strijdom will never rest as long as the natives are still suffering. The..." I can't make this word outs "... of the permit is that the Europeans have been *i.,. mini mil defeated to move the Africans they have said. I wonder where the magistrate will come from who can sentence me with Section 10. I am the man who can sentence him. The Dutch is a stranger in this country, he is from overseas. One day he will cros the seas. I appeal to the Africans for unity. We should love one another. How long have the Dutch been writing in our meetings. Just tell me Africans. Who has ever been convicted by these police who are writing here? The Great Lion of the black man is a European. You must not be deceived that you will be burnt in hell by Satan. You will be burnt by the Europeans. Look at Malan. He resigned and Strijdom took over. Fancy, a young man who grew up in the farms. Here we want a full grown man who can handle the people properly. What he knows is that the kaffir should be beaten. Let us unite and fight this permit, Let us fight it at Newclare and in the municipal location and at Alexandra Township and everywhere where there are our people. Dutch. A day is coming when we shall demand a permit from a There is nobody who will stand in front of the African National Congress, because it is fighting for freedom. I think that we should not worship God because we are..." I didn't complete that sentence. Does that conclude his speech? ^'hat concludes the speech of Simon Tyiki.

15 Read what he said:? "Afrikai We say 'Vuma Sorebale Ngai f ' (We say allow us to write our name) If the Europeans want to live in peace with us, let their names "be written. It is true if the people are worried, they are not supposed to sit down still. The Dutch are worried. We learnt that in the yesterday's paper. I will never stop that there is war here. We are claiming our rights. We want our land. The African National Congress does not oppress. The African National Congress stands for truth. Dutch you must follow the truth. Just imagine from 1946 how many nations have been freed. We will get freedom if we like not when Strijdom and Verwoerd like, hut when we like. If we follow the African National Congress we shall achieve the freedom. When they come to our meetbig ings they are issued with bullets, but the/weapon was given to Hitler, but he is no more there,. You are wasting your time, my brother. The people shall rule, not a section of white people. We are claiming the land with the Europeans, We shall be fre«d without shedding any blood, whather it is Verwoerd or Strijdom we "'* ')IiHHWUIH.miamil! II illim.ljiwil m. mr...«%!»..ivnrtwn. are prepared to face the reinforcement, (riemvasmaak) What does that mean? I don't know. "You are glad, Monare, you are glad Lengesi, because your name will be written in the history of this country. If you believe to Luthuli you will be freed. Luthuli will show you the freedom. We are not going to listen to Verwoerd or Strijdom, but we shall achieve the freedom by ourselves. We shall fight the permit till we defeat it. The time has come that these people who speak about communism should tell us what they mean. We don't know where this communism comes from, supposing you are hungry, can somebody not give you food? He can. Y 0 u should not come here any more, e should discuss f,.," I can't make out this word. ".,., in our homes, because that is the law which Verwoerd has made. They say they are going to arrest 200 people and I am one of them. That pleases me because my name will be written in

16 the Freedom book. Let us go and speak about the evangelist of freedom. We do not say you must be freed in heaven. We say you should be freed here on earth. Who knows about the conditions in heaven? Why the Europeans are not afraid to go to hell? What we say is that ourpeople are killed in Bethai. We did not say we wanted to kill them, but we want freedom. When we are afraid, you won't "be a police boy, you will be a police man^ There will not be passes* but we shall arrest the murderers. God's Commandment sa^s «Tho^. jhall, not kill.' Let me see how many people want freedom." Now, all the people lifted up their hands. "The work of freedom is this card," At that stage he showed an African National Coqgress card, "Who are those to have got this card? There is the Nationalist Party, There is also the United Party,and there is the African National Congress, which is the only organisation which opposes the Gov-ernmen^ t^ll Swart and Vorwoerd that this organisation is fighting for freedom. Those are the people who are banning us. It is not Swart. We are not going to beg you for our freedom. We shall be freed whether you like or not. Do not cheat yourself by saying that there is western civilisation. The civilisation started in the East." That concludes the speech of Elias Moretsele. Who spoke then? Henry Tshabalala. Did the chairman speak before him? At this stage Sampio acted as the chairman, Sampie Malupe. Did he speak? "You have heard what the commander have said. In China the youth have liberated the country. I am going to call upon a young boy to address you." Who spoke then? Henry Tshabalala. Omit his speech? Joe Magome. "Afrikal Sons and Daughters of Africa. I greet you this afternoon together with the members of the Gestapo. Since this morning the speakers have tried to explain all what was necessary. I am not going

17 to waste your time. But what I want to say and what we should do..." That sentence is not completed. "The President has told us that'the meetings are going to he banned in our areas and that we should hold our meetings in our homes. The people in the reserves said that they are tired of oppression, against the oppression of Verwoerd. Yes, you are tired. You are the people who are supposed to put the right machinery. Those people who have put the black spots are those black monkeys who are taking notes there; They should choose and decide to which side they belong. Those few words I have said, I am making a special appeal to the youth. Afrikai" The next speaker? Theophilus Musi. Omit his speech. The next one? This sheet on which it is written the top left corner of it is torn off so the name of the speaker does not appear. Is that the end of the meeting? Yes, Do you know the speakers? You. Do you know Bennet Seitshiro? ( 6 4. ) Sampie Malupe? (31). Piet Magofe?-- Y es. (26). Simon Tyiki? (75). Elias Moretsele? (46). Henry Tshabalala? Y es, (77) Theophilus Musi? (40) Are they amongst the Accused? They are amongst the accused. Will you look at the back of your notes. Did you make a list of names of persons present at the meeting? Are there any names of Accused persons who were not speakers in that list? Andries Chamile (8); Bob William Ngwendu (53); Look at the beginning of the list of names? Pish Keitsing (15).

18 Do you know him? I do. Is he amongst the Accused? He is amongst the Accused. (Notes handed in G.248). (No further questions) NO CROSS-EXAMINATION; FURTHER EXAMINATION BY P.P.; (8/7/1956.) You also attended a meeting on 8/7/1956, and was it a meeting of the African National Congress? Where was it held? Corner of Griffiths and Hamilton Roads, Newclare. About what time did the meeting commence? to 4 p.m. About how many persons attended the meeting? It is not very clear, but it seems like 200 here on my notes. Who was the chairman? Bennet Sechiro, Did you make notes at the meeting? You now have the notes before you? Will you read what the chairman said? "I am sorry I wonder what will the Prime Minister will say when he comes from overseas. I want to introduce our honourable chairman. I am welcoming him. Speak free as a free man under Freedom Charter. We say we are all equal and we shall share the country's wealth. We compare the Freedom Charter with the To Ten Commandments. /Those people who go to room forty-seven for permits of Section 10 I want to say you can be taken away whether you are working or not. hours to leave Newclare.' They will say 'We give you few We learnt on the Sunday Times that the very police have been saying that there are people who are agitators and who are causing trouble, but we don't know if Dr. Malan, Hertzog were agitators when they were standing on a platform saying 'Waar staan ek manse, 1 " That concludes the speech of the chairman. First speaker Sampie Malupe. "Ladies

19 and Gentlemen, I sing this song because this song is mighty, it is the song of the people. I say so because these people think that we can be shaken by these small Dutch boys from the platteland. I say Mr. Malan is the only man who made the high treason and he is responsible for it. treason is the permit which arrested Mr. Kotane. That high I am getting to the conditions of South Africa, because South Africa has isolated himself. We find that the people in South Africa are not represented. Mr. Strijdom, the artificial lion is in overseas. We say Strijdom is not representing the people of South Africa, the very day he left here there were troubles don't at Evaton, so we/deny that South Africa is not a police state because the police can do what they like. That is why I say in South Africa we are living in the state where everybody should decide. There is a song which says Zikitele Njonkho..., Omit the rest, and who was the next speaker? Pish Keitsing. Omit his speech. Omit his speech. The next speaker? James Kereleng. The next speaker? Andries Chamile. "Afrikai Mr. Chairman I thank you for the little time before I continue my speech I shall salute the late J.B. Marks, Dadoo and Kotane and the late Modebe and Luthuli. We say they are our patriots in South Africa. We say in South Africa we want peace. I say God, we shall cross the Blod River. We shall cross it and our late chiefs Chaka, Dingaan and Sekukuni will arise again. We say although they have guns they will stay wi1 us. We have been long been waiting in the town of ours. The white police should demand permits and liquor. The Europeans should work in the mines and push cocoapans and they should di the potatoes in Bethal. We shall achieve the freedom without shedding blood. Today Mr. Strijdom who is now overseas forgets ^» that he was a Hollander, but did not know his grandmother. The day we get our freedom, the black police will go to Strijdom."

20 That concludes the speech of Chamile. Next? Sampie Malupe. "The very man I am welcoming is the vulture of oppression and we are the vultures of freedom. And we will meet him. Mr. Moeller is the man who "banned Moses Kotane, Sisulu. Mr. Moeller agreed with the Freedom Charter in Court." Next one? Theophilus Musi. "Africa (Name of a song.) "Sons and daughters» we are speaking when our country is in trouble, because the police in South Africa are not to protect the people, but they are there to intimidate the Africans. But that sedition has persisted in the minds of the Nationalists and in the minds of the Special Branch and also their satellites. Whenever we hold our meetings we find them with us only initimidate us. Mr. Moeller is not the first man that sentence is not completed. "It has happened in the so-called British Commonwealth. It is a shame when the people are discussing about freedom you find those dirty Afrikaner boys with sten guns. Today we have the best agitators. Mr. Strijdom he is overseas without consulting us and he is messing up people, saying that there is no racial discrimination in South Africa. He is telling lies. In conclusion, I say this is a peaceful place. If they want war they should go to Middle East. I must appeal to the youth that they should forget about these Dutch boys. These Dutch were there for 300 years. These agitators of Strijdom and Swart have come to South Africa to rob, but we shall not tolerate these robbers. The time will come when these sten guns will shoot an enemy, not a man. The permit question is very serious and we-should treat it seriously. If the permit will be carried, it will be carried by the dirty boys at Westdene or Newlands, or these flying squads." That concludes the speech of Theophilus Musi. Then the chairman's remarks, Sampie Malupe. "Here in South Africa we hear of democratic and fascist laws which are being done in

21 the butcher house in the parliament. I am the only man who says in South Africa there is no justice, because the justice is in three colours. We don't hate the white man but we say the white man should not play about with fire when there is water." That concludes the chairman's remarks. Moloela. Do you know his Christian name? Isron. remarks. Omit his speech. Who spoke after him? Chairman's Omit that too. Vtfere there then a few other speakers after that? (64) Do you know the following speakers, Bennet Seitshiro?- Sampie Malupe (31)? Pish Keitsing (15)? I know him. Andries Chamile (8)?- I know him. Theophilus Musi (40)? I know him. Are they amongst the Accused? They are amongst the Accused. (Notes handed in G.249) NO CROSS-EXAMINATION; ISAAC SHARP, duly sworn, EXAMINED BY P.P. (MR. VAN PER WALT); You have given evidence before? I have already given evidence. On 22/7/56, did you attend a meeting of the African National Congress? Correct. Where was it held? At Albertynsville. About what time did the meeting commence? The meetin commenced at about a.m. and concluded at 1 p.m. Did you take notes at the meeting? I did. Did you check your notes in the presence of a representative of the Defence and the Crown? Correct.

22 And you also have the transcript of your notes? Will you now refer to the transcript, and read? (Witness reads G.251; speeches of chairman, Mrs. Goldberg, unknown woman, John Molefe...) "... the future government of this country." The typescript, there is a word they missed there and they don't put them as they appear in the notes. (Witness continues reading G.251. Chairman's comments, J. Kumalo.) BY THE COURT; What is this reference "to site and service? Site and service, the municipal put up the lavatories and the water, and then you do the rest. That is called site and service. EXAMINATION BY P.P. CONTD.t f? (Witness continues reading G.251, Jerry Kumalo; Dayid Twala, A. Madiba, (Alpheus Maliba); Anna Nyakale; Hlapajje^Kuma^o, Daniel Malele.) Do you know the speakers? I do. Jerry Kumalo (17)? I do, B. Hlapane (10)? I do know him. Are they amongst the Accused? Yes, they are. At the back of your notes you also have a list of names? Correct. Will you just mention the names of the Accused what is that list? People who attended the meeting. first, July Mashaba (35); W.S. Ngwendu (53); (Notes handed in G.250, Transcript G.251) (No further questions) CROSS-EXAMINED BY MR. COAKER; What time did you arrive at this meeting? I arrived before the meeting started. What time was that? I didn't note it down, but it was before the meeting started. What time did the meeting start? At a.m.

23 You had your paper with you? You were in all respects ready to take your notes at the meeting? Why didn't you follow your practice to which you have testified of writing at the top of your notes the organisation by whom the meeting was called? In this case I didn't put the organisation. And what explanation have you to offer this time? There is no explanation. I just didn't put the name down of the organisation. You have told His Worship that your practice is to write at the top of the notes the organisation by whom the meeting is called. Have you any explanation this time as to why you did not do it? I say I have no explanation to offer. I just omitted, it at the time when I wrote this thing down, and probably it may have teen that I didn't know actually what was the meeting, called under what auspices. You are now speculating, I take it; you don't remember that? (No reply) (No further questions) CROSS-EXAMINED BY MR. BERRANGE; Do you like guessing? No, I don't like to guess. You have given evidence many times in your life, haven't you? You are a police officer who has been in the police service quite a long time? That is correct. You realise that you should testify to facts, or don't you realise it? Correct. So what do you mean by saying 'probably this happened, or probably that happened'? I don't know what you mean. I mean and I am referring to what you have just said in answer to my learned friend, Mr. Coaker? BY THE COURT; Mr. Berrange, I really think the witness is try-

24 ing to be helpful. He was asked for an explanation twice, -and he has tried to tender one, BY MR. BERRANGE; I want to know from the witness when he uses the word 'probably' whether he remembers that as a fact or whether he is purely speculating. BY THE COURT; He told Mr. Coaker that he doesn't remember. BY MR. BERRANGE; Then I want to know from the witness why he says 'probably' if he is trying to find a way out. CROSS-EXAMINATION BY MR. BERRANGE CONTD.;? I don't want to delay the Court unnecessarily. I am very glad to hear it? Sometimes we get to a meet ing, and I don't know actually what is the meeting called for and I write at the top of my notes, the date, the time and the place, and the time comes, the chairman ascends the platform, he then announces the purposes of the meeting, I mean called under what organisation. I then just forgot instead of putting in the name of the organisation. Do you ever go to any meetings with Mr. Helberg? I think so, yes. You seem to be doubtful? No, I am not doubtful, but I couldn't hear. Do you want to use the word 'probably'? No, I am not using the word 'probably.' I think I may not be exact what meetings I attended. Did I ask you what meetings? That is why Did I ask you what meetings? No, you didn't. I asked merely, do you ever go to meetings with Mr. Helberg, that is all? Quite a number? He is your superior officer? You would have no reason to think that he would testify falsely, would you? None at all? No. No reason.

25 Mr, Helberg has told this Court that mooting after meai ing which ho ha3 attended and therefore I take it some of which you must have attended he has heard the speakers s^ that their struggle is a non-violent struggle, and he has heard the speakers tell the audience that they must not resort to violence. Would you agree with that? I wouldn't... I mean,., take something that somebody said and say that I know about Would you agree with that? My notes will testify,..,. I am asking you whether you would agree with it. I am not interested in your notes, because I don't think very much of them, if you want my opinion? BY THE COURT: I think the witness is entitled to refer to his notes, Mr. Berrange BY MR. BERRANGE; I am not asking the witness to refer to his notes, I am asking the witness whether he can remember that without his notes. BY THE COURT; at numerous meelings and he is entitled to refer to his notes BY MR. BERRANGE; Does Your Worship suggest that the witness should look up all his notes? BY THE COURT; Exactly. He is entitled to if he wants to* BY MR. BERRANGE: And I am asking the witness whether he can remember that without referring to his notes. Your Worship has only got to disallow the question and I won't put it any further, CROSS-EXAMINATION BY MR. BERRANGE CONTD.;? If any word is said in a meeting and I am there and I am taking notes, it will appear in my notes. Have you got an impression, the same impression that Mr. Helberg has, without referring to your notes, that at many meetings, the speakers at African National Congress meetings have told the people that their struggle was non-violent. Have

26 you got that recollection or have you not? BY THE COURT; You can tell the Court if you want to what your impressions are? I am not prepared to say that without,,,, unless you see, if anything in my notes, it was said at the meeting, it will appear in my notes. Do you have speakers mention that their struggle is a non-violent struggle? If it is in my notes. You mean you have no independent recollection? I have no independent recollection now, hut CROSS-EXAMINATION BY MR. BERRANGE CONTD.; So you say that if it is not in your notes, then speakers have not said that? I would he saying Are you saying that or not? I wouldn't say they won't say it. Are you saying that if there is nothing to that effect in your notes, then speakers could not have said that? No, I wouldn't deny that. You are not saying that? No. So you are not denying that speaker after speaker has urged the audience not to resort to violence? BY THE COURT; I don't think it amounts to the same thing, Mr. Berrange. You can draw your own conclusions ahout that. BY MR. BERRANGE; Is Your Worship preventing me from crossexamining this witness? BY THE COURT; I am not stopping you, hut I think that it is no quite the same thing. BY MR. BERRANGE; Is Your Worship objecting to my question? BY THE COURT; I am telling you, Mr. Berrange, that it is not quite the same thing. BY MR. BERRANGE; I would he obliged, Sir, unless my question is an inadmissible one, if Your Worship would allow me to proceed with my cross-examination. BY THE COURT; The witness has said that he is not prepared to

27 say whether any such thing was mentioned. BY MR. BERRANGE; I heard what the witness said. Unless Your Worship rules that my question is inadmissible I should he glad if I could he allowed to proceed with my cross-examination. BY THE COURT; Well, put the question again. CROSS-EXAMINATION BY MR. BERRANGE CONTD.; Do you say that unless there is something to that effect in your notes, that the speakers have or have not told the audience that they should not resort to violence? I wouldn't deny that. You wouldn't deny what? I wouldn't deny that they don't say that. That they do say that, even though it is not in your notes? Well, I think Even though it is not in your notes? I am not prepared to answer the question, because if it was said in the meeting where I was taking notes, it will appear in my notes, and if it is not in my notes, then I am not prepared to answer the question. If it is not in your notes, do you mean that it has not been said? Not been said, I would have it in my notes. I see. You would have everything in your notes that all the speakers have said? What I could write in my notes. BY THE COURT; Do qay now that if the speakers mentioned that the struggle was non-violent, that it would be in your notes? It would be in my notes. Isn't it possible that it may have been said, but that you didn't record it? It is correct, it may be... CROSS-EXAMINATION _BY_ MR._BE P RANGE CONTD. ; It is correct well now, what is the truth? Invhat respect? Of the two statements that you have made? Which two

28 statements have I made? The two statements that you have made, that you would not deny, even though it is not in your notes that the speakers may have said it, and the other statement you have made, that if the speakers had said it must necessarily he in your notes? I say if I heard it, it will he in my notes; "but if I didn't hear it You never mentioned the word 'heard'? BY THE P.P.; I am sorry. I object to that. I distinctly heard the witness say "If I heard it." CROSS-EXAMINATION BY MR. BERRANGE CONTD.: All right, you mentioned the words be^-^d it.' All I want to know from you is one very simple thing: Do ynn ^ ^~ you not deny that at meeting after meeting, whether or not it is in your notes I am not in the slightest bit interested, do you or do younot deny that at meeting after meeting the speakers have urged the audience not to resort to violence? They may have done so. That means that you would not deny that? I wouldn't. And if in fact, at meeting after meeting, the speakers have so urged the audience not to resort to violence in their struggle, would you be able to account for the fact that this never appears in your notes? It is because it is never said....,, L,,. It may have been said and then I didn't hear it Do you say it is because it was never said? BY THE COURT; Is that so, Mr. Berrange; can you state BY MR. BERRANGE; I don't know; I'm still trying to find out whal the witness is saying, BY THE COURT; No, no. Do you assert as a fact that that never appears in his notes? CROSS-EXAMINATION BY MR._BERRANGE_COFTD._ If it does not appear in your notes c^ri you account for the fact

29 BY THE COURT you merely put your question: How do you account for the fact,.,... BY MR. BERRANGE: If it does not appear in your notes. BY THE COURT: Well, I don't think the question should he put in that form, unless you can assure the Court that it does not appear, BY MR. BERRANGE: I haven't seen all this witness' notes. I can't give that assurance. BY THE COURT: No, no, hut then you must qualify your question. BY MR. BERRANGE: All Your Worship has got to do is rule my question inadmissible and then I won't proceed. BY THE COURT: In the form that you have put it, unless you can assure the Court that it doesn't appear in the notes, your question must he ruled as inadmissible. BY MR. BERRANGE: As Your Worship pleases. CROSS-EXAMINATION BY MR. BERRANGE CONTD.: Now, do you say that if in fact speakers had exhorted their audience not to resort to violence, that this would necessarily have appeared in your notes? Correct. It must have done? If I heard it it would appear in my notes. Couldn't have missed it? I wouldn't Is it possible that at meeting after meeting you may not have heard it said, even though it was said? Well, I don't think that if I would listen... I can't hear you? I don't think I would miss it in Do you think you would miss it in quite a few meetings? I may have missed it at one meeting, or perhaps two, but it... Or four, or five? Well, I wouldn't be able Or seven or eight? I wouldn't be able to tell. Now, then again I am going to come back to my original question. You have attended a numberof meetings in company with

30 Mr. Helberg? That is correct. Mr. Helberg has told the Court, and I will quote him to you if you like, that he agrees that speaker after speaker at meeting after meeting, has urged the audience to refrain from force and violence. BY THE COURT; I cannot recall that he put it as high as that Mr, Berrange, that every speaker at every meeting... that is how you put it now. BY MR. BERRANGE; I haven't put it that way either. BY THE COURT; 'Speaker after speaker, meeting after meeting'.,.. BY MR. BERRANGE; I haven't said that every speaker at every meeting. BY THE COURT; That is what I understand you to say. BY MR. BERRANGE; Well I haven't said it, Sir. CROSS-EXAMINATION BY MR. BERRANGE CONTD.; I am putting it to you again, that Mr. Helberg has said that speaker after speaker has urged the audience to refrain from force and violence at meetings which he has attended? I wouldn't dispute that. Do you go to the meetings for the purpose of recording purely that which you think which might be incriminating against the speaker? No. Do you go to meetings for the purpose of being on the look-out for any utterances that might be communistically orientated? No, Have you gone to meetings for the purpose of seeing whether anything is said of a communistic nature? Do you go to meetings, for what purpose? No. I have explained before to the Court that attending a meeting is not for the sole purpose of taking notes. Do you go to the meeting to see whether any offence is being committed? I go there to the meeting in my duties with ^ - the policeman to see the.

31 Do you mind answering my question. And I know that you are a policeman. You don't have to tell me about it again. Do you go there to see whether any offence is being committed? That is_ correct. And in fact when you frame your report you have a special column in which you set out whether or not in your opinion an offence has been committed? Yes, You do, don't you? made a general observation. What sort of offence are you on the look-out for? I wouldn't tell what sort of offence Gold-buying? I won't be able Liquor selling? No, well, any Well, what sort of offence are you on the look-out for when you go to report meetings? Any offence. ><hat sort? Anything which Give us an example? You put it to me. Give me an example, you are the policeman, I'm not? I wouldn't say that, but I say as a policeman I am not only detailed to arrest one particular crime, but to arrest every crime committed. Yes, that is very interesting. Now, when you go to meetings, what sort of offences are you on the look-out for? Any offence^jthat may take place there. Any offence? Any offence. Gold-buying? Well, Liquor selling? That may also take place. That is what you go to meetings for? Anything. j (No further questions) MR. COAKER NO QUESTIONS: MR. SLOVO: NO QUESTIONS: NO RE-EXAMINATION:

32 JEREMIAH M0LLS0N, duly sworn, (Recalled) EXAMINED BY P.P. (MR. VAN PER WALT); This is still on the meeting of 29/4/56, where Det. Sgt. Coetzee gave evidence. This witness is recalled on his pockel hook. This morning you mentioned that you prepared your state ment from your pocket-hook notes? Correct. Do you now have your pocket-hook before you?? You refer to your pocket-hook of the meeting of 29/4/56 Do you have a note who the chairman was? Who was it? Bennet Setchiro. Can you tell the Court who the other speakers were? The first speaker was Daniel Khonou; the second speaker Andrie Chamile; the third speaker Theophilus Musi; the fourth speaker Moses Sekopane; the fifth speaker Sampie Malupe. Do you know these speakers? Are the following amongst the Accused; Bennet Seitshiro (64)? Andries Chamile (8)? T. Mmusi (40)? S. Malupe (31)? Do you also have a list of names of persons who attended this meeting? Will you just mention the names of any of the Accused wh were present? Isaac Bokala (7); Pish Keitsing (15). (No further questions) CROSS-EXAMINED BY MR. BERRANGE; When you go to meetings do you go on the look-out for an offe nces that might he committed? Do you want an interpreter? (No reply) I can't hear nicely. When you go to meetings do you go there with the object of keeping a look-out for any offences that might be committed I I

33 BY THE COURT: Do you understand? I don't understand. CROSS-EXAMINATION BY MR. BERRANGE CONTD.; You don't understand. I just want to see how much you are ahle to understand English, that is all. (No further questions) CROSS-EXAMINED BY MR. SLOVO: When did you make these notes in your pocket-hook? After the meeting. How long after the meeting? I don't remember how long was it, but it was just after the meeting. Same day? Same day. I see that you have got a note here to the effect "I didn't take notes as I was interpreting for Det. Sgt. Coetzee when the speakers spoke in the native language," Is that correct? Correct. And when you interpreted for Det. Sgt. Coetzee, did he write down what you said the speaker was saying? You have no doubt about that in your mind? Well, I see him wrote down what I have said. BY THE COURT; Perhaps the question should have been put to Det. Sgt. Coetzee. BY MR. SLOVO: Well, it is clear from Det. Sgt. Coetzee's BY THE COURT: He probably wouldn't know what the sergeant wrote down. He would probably know that he is writing. CROSS-EXAMINATION BY MR. SLOVO CONTD.: Por what purpose did you interpret for Det. Sgt. Coetzee? One of the speakers spoke in Sesotho and Det. Sgt. Coetzee asked me to help him, interpret for him. So the purpose of your interpretation was to enable Det. Sgt. Coetzee to record what the speaker was saying, the speakers who spoke in Sesotho? That was the purpose? And while you were interpreting for Det. Sgt. Coetzee was he writing down? He was busy writing down but I can't say

34 that he wrote what I have said. But while you were interpreting he was writing down? While I was still "busy interpreting he was still busy writing down. Do you remember whether any English was spoken at this maeting? No, I don't remember. You see, Det. Sgt. Coetzee told the Court that he only recorded when people spoke in English. Would you deny that? No, I don't know. BY THE P.P.; May I point out that is not striotly correct. If my learned friend refers to page 5 of the notes I handed to him, the transcript, the speech of Moses Sekopane at the end there is a note (interpreted into English by native detective constable Jerry Ramashala.) And that was not read out. On the notes that name, I think, appears as Jeremiah Mollson. BY MR. SLOVO: Unfortunately, Sir, nothing at all appears on the copy which was handed to the Defence, BY THE P.P.: Page 5, the speech of Moses Sekopane. CROSS-EXAMINATION BY MR. SLOVO CONTD.: Do you know a native detective constable Jerry Ramashala? Was he at that meeting? I don't remember he was there. You don't know whether he was there or not? No. (No further questions) NO RE-EXAMINATION: CLEMENT MAHANYANE. duly sworn, ( Xosa/English - Mazwai) EXAMINED BY P.P. (MR. VAN PER WALT): Have you given evidence before? I have. On the 22/7/56, did you attend a meeting of the African National Congress? I did. Where was the meeting held? Brakpan Location. What time did the meeting commence? 2.15 p.m. Until when? Till 5.30 p.m.

35 - 30^4 - Mr. Helberg has told this Court that meeting after mec^l ing which he has attended which you must have attended and therefore I take it some off i he has heard the speakers aa^ that their struggle is a non-violent struggle, and he has hoard the speakers tell the audience that they must not resort to violence. Would you agree with that? I wouldn't... I mean... take something that somebody said and say that I know about. Would you agree with that? My notes will testify...,. I am asking you whether you would agree with it. I am not interested in your notes, because I don't think very much i of them, if you want my opinion? BY THE COURT: I think the witness is entitled to refer to his notes, Mr. Beyrange,... BY MR. BERRANGE: I am not asking the witness to refer to his notes, I am asking the witness whether he can remember that without his notes. BY THE COURT: at numerous meeiings and he is entitled to refer to his notes BY MR. BERRANGE: Does Your Worship suggest that the witness should look up all his notes? BY THE COURT: Exactly. He is entitled to if he wants to. BY MR. BERRANGE: And I am asking the witness whether he can remember that without referring to his notes. Your Worship has only got to disallow the question and I won't put it any further, CROSS-EXAMINATION BY MR. BERRANGE CONTD.:? If any word is said in a meeting and I am there and I am taking notes, it will appear in my notes. Have you got an impression, the same impression that Mr. Helberg has, without referring to your notes, that at many meetings, the speakers at African National Congress meetings have told the people that their struggle was non-violent. Have

36 Before the A.N.C. was formed people were oppressed, hut as civilisation grew up, people found it possible for themselves to have this organisation. How would the A.N.C. organisation come into power. The A.N.C. will never come into power if we have no love for it. Every human being must have love for his people, and the people as the whole in the whole world. Every person must work hard for his future. To give subscription of a penny is not a full job. Actions should comply to your work. Who spoke afterwards? Third speaker Mrs. Tabuli, Omit her speech. Omit his speech. Who spoke then? Joseph Mabena. Who spoke after him? Mrs. Lilian Ngoyi, "Mr. Chairman and the honourable congregation. I will not speak too much. I am glad to hear these youths singing. Every day when we hold this gathering we see those who are starving around us to sell their own nation. When I look at you Africans I see you are allbeautiful. African women there is no one one of you who does not know what a pass is to an African. When a man he is walking he often asks himself if there is a place where there is no signature in his pass. Men say they are defeated by Europeans. Today do they want to allow their children and women to be slaves. This reference book will cause you to be deported to your birth places. This is why you see women approaching the native commissioner frequently. On the 9th of next week we are prepared to go and see Strijdom. It can be dark or blue, we are going to Pretoria In 1906 the Government said to the Indians, everybody who comes to this country must carry a pass. Gandhi went to each and every houses telling Indian wives to go to Pretoria. On their way to Pretoria, one woman lost her baby. They had to dig a grave with their nails. Africans, let us go to Pretoria in all All nations of women of South Africa will be in Pretoria. In 1913 women died in gaol because of passes and they were not pre pared to go out."

37 Who was the next speaker? Theodor Magagula. Read what he said; "Mr. Chairman and the whole congregation. I would like each of you to open his ears. Here in Brakpan there is an organisation called the Civic Protection Association. When the huses were boycotted, they went to the municipality and told the Twon Council that people are in want of buses. There at the slaughter place there is a goat which is taught to lead sheep to the slaughter place. These people of the Civic Protection Association are people who have been hired by the Government to lead people to danger. Today people are still using buses because they are frequently asking what they are doing. V/hy do you go to that organisation people of Brakpan? Today Africans are enforced to carry passes and they are assisting the Government. People of Brakpan awake and tell your friends not to use buses." Who was the next speaker? David Mahlosam. Omit his speech. Who spoke then? Joseph Van Rooyen. Read what he said? "Mr. Chairman and the whole congregation. As I am man who is a leader of the volunteers, I would like that each man come and see me at my place. I do not say I will take you to gaol. I am working hard, but I have no soldiers." What happened after that? Then there were resolutions passed. Read the resolutions? "The A.N.C. strongly opposes the oppressions of the present Government. 2. It further opposes the regulations formed into power by Parliament. 3. It isprepared to continue the boycott till buses come to the usual fare. 4. The A.N.C. strongly resolves the Bantu Education Act andis prepared to continue its cultural clubs." Do you know the speakers? Do you know Lilian Ngoyi? Some of them. It was the first time for me to see her there.

38 not know Do you know whether she is amongst the Accused? I do And you hand in your notes? (G.252.) (No further questions) OROSS-EXAMINED BY MR. SLOVO; Are you a member of the Special Branch? I am. How long have you heen a member of the Special Branch? Three years, I take it it is part of your duties as a member of the Special Branch to regularly attend meetings of political organisations? Yes, in the district in which I live. And also to acquaint yourself with the policy and programme of the various political organisations in your district? That is correct. And I take it further that in the course of such duties you have attended very many meetings of the African National Congress? That is correct. Will you have a look at your notes have a look at the very last sentence of the speech by Joseph Mabena. It is a speech which you did not read out speaker No. 4.? (Witness sorts through notes,) Have you got Mrs. Tabuli? You have the figure '3' there? The speaker Lilian Ngoyi, one or two pages after that, has the figure 5 next to it, has it not? What happened to speaker No, 4, Joseph Mabena? He is here, I have got it here. Look at the very last sentence of his speech? Beginning with the words 'You must...' Point to the last sentence of your notes and let me have a look at it? (Notes handed to Mr. Slovo.)

39 Have a look at page 4 of your notes the second page 4. Read from the words 'The A.N.C Whose speech are you reading from? Mrs. Tabuli. Now read that portion from the words 'The A.N.C '? "The A.N.C. has not got guns hut Swarts has got 2000 police to torment poor Africans. Africans_, I want no further question about guns. must use your plans, If you ara.waak for a. f nir fight, you Africa will "be free without blood being shed." Spell that last word? What does that mean? "S-h-a-r-e-d." (No reply) Let me help you. Does it mean Africa will be free without blood being spilt? So the word that you really wanted to use was "shed"? Now, you will agree with me that the speaker was there suggesting I think it follows clearly from the language that freedom will be achieved without blood being shed? BY THE COURT; I think the inference is there. CROSS-EXAMINATION BY MR. SLOVO CONTD.; We have heard from numerous witnesses who have testified to numerous meetings of the African National Congress, that at very many meetings, some have said, of the A.N.C, meetings, some have said at most, some have said at all meetings of the African National Congress, the speakers usually exhort to follow a policy of non-violence. Prom your experience of attending meetings of the African National Congress, would you say that those witnesses were telling the truth? I do not know, I did not say that; those witnesses are to tell. Prom your experience of attending meetings of the African National Congress, would you say that those witnesses have given the Court a correct picture of what was going on, or an incorrect picture? I have no knowledge of that.

40 You would not deny that that is so? I would not deny that. Nor would you deny that at the vast majority of meetings of the African National Congress a point is made of co-operation with other races, with Europeans and coloureds in the struggle" for freedom? I would not deny that.. And you are a person, you have already told the Court, that has made a study of the aims and the programme of the African National Congress? Yes, "by writing down what they say, (No further questions) CROSS-EXAMINED BY MR. COAKBR: You have "been to a lot of meetings of the African National Congress? Yes, in the district in which I am stationed. And you have heard a lot of speakers reject the policy of violence at those meetings? (No reply) Are you having difficulty in understanding that question? When you say many speakers then I do not understand you. Well, let me put it to you another way? BY THE COURT; You can qualify your answer5 do you say not many speakers, "but what would you say how many speakers would reject a policy of violence? I recall this speaker in this meeting that did make that utterance. How many speakers have you heard make that utterance, that is, rejecting the policy of violence? I do not recall any except this one. At this meeting? I am not questioning you only about this meeting; I want you to understand that.? I do not remember. You cannot rememberjwha^tyou heard at _other meetings? That is correct.

41 RE-EXAMINED BY P.P. (MR. VAN PER WALT); Are you still in the Special Branch of the Police? No. When did you leave the Special Branch? August BY THE COURT; Are you still in the police? I am. (No further questions) GLADWELL NGCAI, duly sworn. (Xosa/English - E. Mazwai) EXAMINED BY P.P.; You have already given evidence? I have. On 22nd July, 1956, did you attend a meeting of the African National Congress held at Newclare? I did, Johannesburg? What time did the meeting commence? to 4. p.m. About how many persons attended the meeting? About 150 Who was the chairman? Bennet Sechiro. Did you take notes at the meeting of the speeches? Yes Andyou now have the notes before you? What did the chairman say? "Ladies and Gentlemen, let me say, Sons and Daughters of Africa. We have met here this morning under the banner of the African National Congress. Though it has been intention of the Government glad to see our brothers the Basutoes with us. We are very The Government of today has separated us. They have been called with several names." I can't make out this word. "...have failed. Our people will never be divided by a propaganda. All these years you have been preadiing about the We stern Civilisation, yet...' I can't make out this word, "You are a wolf if you do not undei stand what we say you will feel sorry one day. We welcome the^ Newclare people. Let us say the railway line is not dividing this location but is merely there so that the train must run. Let us speak like them and say we shall fight them in our land [and even beyond the sea. You must not be frightened by them.?hey keep a record which will be used against them. Mr. Strijdom said overssas he will oppress the black man till the day

42 comes. Lot me tell him that when we take over everybody will agree with us. The "black sash women said on the 25th March 1956 they will visit us here. The so-called Minister of Native Affairs is going to South West Africa but whether he can go there women will go to Pretoria on the said date. Let us speak clear that the white man is our enemy. All what he speaks to us is only a pretence. If they were proved "by the people incidents which are h ap gen i n g ^ at Be thai won't "be there and the pass woi^.t "be. carried "by ja^jb3^ck, r na3a^qbay. let us tell them straight, that my dear man you are digging your own grave. Let me say that one good turn deserves another, but I don't know what will happen to your turns." That concludes the speech of Bennet Sechiro. Who spoke then? Fish Keitsing. Read what he said? "I thank you Mr. Chairman and those who are from the other side of the railway line. We thank God that Strijdom is in power "because we are now united. I think we must meet at night and we should visit them at night, If you accept this permit you are committing suicide. We do not want permits at Newclare. Let us be united and be one thing. He is removing people to Meadowlands, but why does he not remove the poor whites at Western and Newlands." BY THE COURT; What permits is he referring to? Yes, I am not quite sure, but people has been arrested at Newclare for permits. EXAMINATION BY P.P. CONTD.: Read on? "We are going to burn these passes dalight on the 9/8/56 we shall march to Pretoria; we must speak of freedom everywhere we go." The next speaker? An unknown person. Omit his speech. Who spoke next? Moses Sekopana. Omit his speech. Who spoke after him? Sampie Malupe.

43 "Mr. Chairman and fellow slaves. I am not going to waste your time because we are living in a difficult time. You have experienced these Gestapo who are going about at night. I say on the name of the African National Congress we have accepted the challenge of Dr. Verwoerd and his satellites. I say unto my people you must never be intimidated by these people, because heroes like Hitler have died and Strijdom will die too Yes, we accept it too, because in a nation there are mad people and we will give them medicine to choke themselves. I am not talking about permits but I am fighting the 40..." I can't make this word out; "... which are directed to a HI I - black man who cannot participate in that parliament. I say to Mr. Burger, my poor man, our women will not carry those passes. Our women are too great to carry such a dirty document. I say unto you my people the time has come to meet these people by force and we shall have to face them by force. We say Strijdom and Swart, No, you must stop..." I can't make this word out; "... for about 300 years we have long tolerated these people. minds. If they want to live with us they should change their Arise now and shine, and show these people that you are ready, but you are sitting in your minds. You must think limn. m.inm «wimmnnynwnw i main'*** 1 miji'kt 1 '' of the whole of South Africa where a black man lies there is always.^trouble. Now Klopper you can use " BY MR. COAK'JR; May it please Your Worship, I notice that this witness seems to be having inordinate difficulty in deciphering his notes. There have been a number of very long pauses. May I suggest that this is an instance wherj this transcript might with great advantage be checked, so that he could read from a typed transcript, and we wouldn't then have these immensely long pauses between his phrases. I wonder if my learned friend would assent to such a procedure. BY THE P.P.; That would be difficult at this stage. I don't think the staff is available tomorrow either, and he is already

44 in the witness box and I feel he should carry on or rather take an adjournment at this stage, BY THE COURT: Could the witness be afforded an opportunity of reading through his notes? BY THE P.P.: He has already read through them, COURT ADJOURNS:

45 - 30J4J+ - FRIDAY: 5th APRIL COURT RESUMES: BY MR, SOAKER: APPEARANCES A3 BEFORE; The position, Sir, appears to be much the same as it was yesterday with regard to persons who are ill. The persons who are absent are Accused Nos. 1 9, 50, 55» 101, 103, 118, 131 and 1I4.9, in respect of all of whom Certificates have already been handed in, and I believe, Sir, that No, 105, Mrs, Jasson - all I know about her, Sir, is that she is pregnant, I'm afraid I don't know the reason for her late arrival this morning, BY THE COURT: Yes, it was mentioned yesterday that she was visiting a Clinic, BY MR, COAKER: That is correct, Sir. It may be that sbs has been ordered to go to bed or something of the kiiti, BY THE COURT: Perhaps her case could be mentioned later on. BY THE COURT: Before we proceed,i would like to refer to this somewhat unpleasant incident yesterday when Mr, Berrange objected to my interjecting, I want to impress that my task is doubly difficult. There has been a mass of evidence led and I find it sometimes difficult to remember exactly what was said. There are three Prosecutors in the case and when the new Prosecutor is in a matter,like the present, it is impossible for him to register an Objection should the facts not be correctly put to the witnesses. It therefore falls on me to interpose when I think it is necessary and I thought that Mr. Berrange took strong exception to my taking such action - he felt that I was stopping his cross-examination. That was not my intention at all. My only duty is, and I hope that is understood, to see that justice is being done. I think Mr. Berrange realises as well as I do that it is very much part of the function of Counsel to assist the Court in such matters. - I -

46 I don't say that facts are deliberately misrepresented but I think Counsel in a case like this, especially in some circumstances must make absolutely sure of his facts before they are put to a witness. It was mentioned yesterday that Det. Sgt. I, Sharpe, it was mentioned by Mr. Berrange that he had said that speaker after speaker at rreetlng after meeting had said that the movement was a non-violent movement. That was one of the occasions on which I interjected. I have had occasion to refer to my notes - I think my notes are fairly accurate - and I find that this is the position. It was under crcs s-examination by Mr. Berrange that the witness Det. Sgt. Sharpe said "I attended meetings to report to the Commissioner what happened. I don't think It was ascertained whether treason was committed. If there is incitement to violence and we receive Instructions we would take action. I attended many meetings." Now, here I have a phrase in Afrikaans - I probably took down what the witness said in Afrikaans instead of waiting for the Interpreter - "Op ander vergaaderings net ek gehoor die sprekers s " - that means "At other imetings I heard speakers say this is a non_ violence movement and that the speakers exhorted the people not to resort to violence. It was important for me to record this. It is not possible to record what every speaker has to say of uproar. At this meeting I cannot say whether speakers exhorted people not to resort to violence." I merely mert ion this because I feel that there was some unpleasantness yesterday. I thought that Mr. Berrange was perhaps a bit violent in his attitude towards the witness but this is exceptional. I think he has been most helpful all along and he has shown an aptitude of forbearance mostly but yesterday I noted particularly that his attitude was somewhat aggressive. I know sometimes it is difficult to contain oneself especially when witnesses don't want to answer. I hope that won't be occasion for any - unpleasantne ss -

47 unpleasantness and it is only in the spirit of hearty cooperation that one can arrive at a just decision. BY MR. BERRANGE: May i say> sir, I regret if anything that I may have said or indicated made Your Worship feel that I was being aggressive. I think a misunderstanding arose actually between the Bench and me, representing the Accused, the Counsel, over the use of the words "meeting after meeting". If I understood Your Worship correctly, ^"our Worship interpreted that phrase of mine as meaning at every meeting. BY THE COURT: Yes, so I did. BY MR. BERRANGE: Well, I endeavoured to indicate to Your Worship yesterday that the use of the phrase "meeting after meeting" does net necessarily indicate every meeting and I think that that is where the basis of the misunderstanding arose but whatever it may be, Sir, I regret that there was any such misunderstanding and I regret that Your Worship has felt sufficiently perturbed about the matter to be able to take the matter up this morning. As you correctly say, Sir, this is a matter in which both Counsel for the Crown and Counsel for the Defence and the Court should be unanimous in their endeavours to secure that justice be done. Your Worship rightly indicates, of course, that after a lengthy period of time when one is dealing with witnesses who on the face of it appear to somewhat recalcitrant tempers are not always of the calmest or as even natured as they might ordinarily be and particularly with this one witness. Your Worship has yourself had occasion to rebuke this witness for his reluctance to answer the simplest questions. However, Sir, I regret it and I hope, particularly in view of the fact that we have got many, many more weeks in front of us, that a more equable atmosphere will flow at least from this side of the Court. BY THE COURT: it, I think that is the only way that we can regard - BY MR. BERRANGE -

48 - 30l.7 - BY MR. BERRANGE: Might I say, Sir, also in regard to the notes that you have referred to, I, of course, was on my feet when I was cross-examining the witness Sharpe so I have no note of it myself - I can only rely on the notes taken by my colleagues - and my quotation of "meeting after meeting" was a quotation which was given to me from the long-hand note taken of my cross-examination of what this witness is alleged to have said. BY THE COURT: Yes, I don't want you to have the impression that I think that you do this deliberately. I know it is difficult. BY MR. BERRANGE: As a matter of fact, I knew nothing about it until the note was passed to me by, I think, it was my ^.earned friend Mr. Slovo who drew my attention to what the witness had, in fact, said and I was quotirg from this note which was taken as a matter of fact by Mr. Coaker. BY THE COURT: Thank you, Mr. Berrange. - GLADWELL NGCAI -

49 - 30i 8 _ THE CROWN CALLS; GLADWELL NGCAI, Sworn States;(Interpreter: E.MAZWAI - XOSA/ ENGLISH.) EXAMINED BY MR. v.d. WALT. Yesterday you were reading from the speech of Sampi Malupi, is that correct? -- Now will you continue? -- "Now Klopper you can use all your force but the African people will meet you sort - where. These people have shot the Basutos, the Shangaans, the Zulus and the Xosas. Why must we still be afraid of their guns. They can only shoot your flesh but your spirit will be marching. The majority of the people will govern not a clique of criminals who are sitting in a butcher-house called the Parliament. I can say that your enemies have got your message and that they will meet us half-way." That concludes the speech of Sampi Malupi. Then follows an un'^ow - Will you omit his speech? -- And then? -- Then the Chairman remarked "I will say to you let us unite.and be one thing," And the next speaker? -- Khnou - Daniel Khnou. Will you read what he said? -- "Sons and Daughters of Africa. My people without the youth, without the courage and without the"determination" nothing will come right.even the fight of the Dutch when they were fighting the great Dingaai, Moshesh, against the white invaders it was carried by the youth. experiment. It is the time that the youth must be used as Now, fellow Africans you can see that Strijdom is suffering from fear. He Is running to overseas. It is for the youth to stop the madness of Dr. Verwoerd. Sons and Daughters of Africa be determined. Without the youth Africa is doomed. We are not fighting for permits only but we are fighting all the oppressive laws which are being done by the Government. Even the bombs of America, even the bombs of - Strijdom -

50 - 30k9 - Strijdom cannot stop the march of the youth to freedom. On the slogan of ours which is 'Freedom in our lifetime' let us arise and see that freedom is achieved in our lifetime." That concludes the speech of Daniel Khnou. And the next speaker? -- Will you omit his speech. Salum Ntsine. And who is the next speaker? -- Isaac Bokala. Yes, will you read? -- "Chairman and fellow slaves, I greet you under the name of African National Congress. We are meeting here at the critical time when the Prime Minister is overseas. This little Dutchman is not satisfied wllrfe -W^e 8,000,000 whom he has persecuted - whom he is persecuting - he wants those from Swaziland and Bechuanaland. He wants to dominate Africa as a whole. The capitalists of Britain saidthe Africans of the Protectorates should be od nsulted. He will come back being disappointed. I would like to tell you that under the Republic we will be ruled by a President. He will use nothing else by Jeugbond. Tell Mr. Swart that the Dutch boys are fighting a losing battle. I say this because Africa is awaking. You can see at Nigeria. The African National Congress in Basutoland told the British that 'We want independence' rather than to be mixed-in with the Dutch'. The day has come. Arise and shine. The days of oppression are- finished. They call themselves Afrikaners and s ome of them call themselves Europeans. They are not known in Holland, and in Europe as a whole. We the youth are producing prime ministers and during our til the people shall govern. The tir has come that we must just take over. Africa belongs to you not to the Indians nor to the Chinese. Why should you be paid 2, a week yet the Dutch boy Is getting 100. We are not going to stay for another 300 years as slaves because of the people who are in the beerhalls and stokvels. Our sisters and mothers are meeting that scarecrow who Is Strijdom on the - As -

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