Looking at the world with all its useless fights, fights for more money and more power, we see an upsurge of

Transcription

1 remain. Looking at the world with all its useless fights, fights for more money and more power, we see an upsurge of countries South Africa do. countries throughout the world, like we in The struggle is difficult, yes, we shall encounter many difficulties, and we in South Africa are now going to embark on a campaign which is going to help the people of South Africa. The Congress of the People will "be a mighty assembly which will take place in a few months time for the purpose of drafting a freedom charter." At this stage the speaker was interrupted by Chairman, Robert Reshs.. He said; "Order, please; Order, please! Those of you who have come to this meeting to assist the police, must assist the Police. Those of you who have come to this meeting for that purpose must leave. I am sorry to disturb you, Mr. Moola. We have no time for spies. Leave those small boys, we are equal to them, we are equal to Swarts. I am the chairman here and I will stand no tomfoolery." Moosa Moola. then continued; "I was speaking on the Congress of the People, and the Freedom Charter which is going to be drawn up. Now, you may ask, what is the Freedom Charter? What is going to happen at this assembly? How is it going to help us in our fight to achieve our freedom? The Freedom Charter will "he the future nnnpiti tuti nn of our people. The Freedom Charter will embody all the aims and the aspirations of all the individuals in our country. It will record the aims of the ordinary working people of South Africa. The Freedom Charter will contain the demands of the workers in the mines and the labourers on the farms, it will include the demands of all the people, and whilst we are at it, I must remind you to send in your demands. Your demands must be for whatever you want end of police intimidation - better working conditions. No matter how small or trivial your demands are, send them in. Here in this Freedom Charter,

2 as I said before, will be contained the aims and aspirations of all the people of South Africa, black, white and yellow. To this great assembly of our people, elected representatives of the people will come. Representatives from the Cape, from the farms of the Orange Free State, people from the Transkei, people from Sophiatown here, people from all over South Africa will come to this great assembly and say what they want and the Freedom Charter will be drawn up. The people from Sophiatown will say 'We shall not move,' 'We want better homes,' Better working conditions.' Thepeople from Bethal will say We don't want any harsh labour.' So, all the demands of the people will be collected, and joined together in the Freedom Charter, and this Freedom Charter will be the future constitution of South Africa. But freedom will not be won after this Freedom Charter has been adopted, and I must state here that it will only begin then and that the struggle will still lie ahead. After the great assembly the elected representatives of the people will go back, each to his particular area, to the farms, to the cities, and they will tell the people of the Charter that has been adopted by the people of our country. We must fight for it. We must fight for it with zeal and determination, so that one day South Africa may become a free and happy country. I just want to go back a century or so and tell you what the great French writer Victor Hugo said. He said these famous -words; 'There is no force as strong as an idea whic! has come to the people.' The idea of freedom has come to our p e ople and it will sweep aside the forces of reaction. It will sweep_ aside everything that is bad in this country and it will build life anew in this country so that the youth of this country can bloom forth in all its splendour. I say Mr. Chairman and Fellow Comrades, that that day is not far off, it is

3 not far away if we make it our duty to fight for freedom. «. " There is no power on earth that is going to stop us. Afrikai Afrikai" The Chairman then saids "Afrikai Afrikai Thanking mr. Moola for his brilliant speech, I want to say that I am very sorry that some of the people were not attentive. He says that there is no power on earth not even the Nationalists, who can stop the people from marching to freedom. Whilst he was speaking, Mr. Leon Ruff, a foundation member of the Congress of the People, was taken away by the police. My people, I want you to know this. We have no exemption from arrest, we can be arrested, but when we come to a meeting, we must listen to the speakers, not pay attention to the police. My duty today is to speak to you about freedom, and I want to endourage you to fight as never before. The duty of the police is not to speak to you about freedom, but to arrest you. We were born and are living in a country where arrests take place every minute, and I fail to understand why you are interested in an arrest at all. Your strength in this country lies in your unity. If the police decide to arrest me now you must not play into their hands, you must continue as if nothing has happened. The duty of the police begins when they arrest you, and the next day in the cells after that it is the duty of your organisation and the duty of the police ends then, the next day in court it is the duty of the magistrate. The duty of the police, the only thing they can do is to arrest you, and beat you, for they are cowards. The man who is arrested, Mr. Leon Huff, he is in safe hands, inside an hour the police will have to explain to advocates why they have arrested him. We in the Liberatory Movement in this country are too smart for Swart and his Security Police. We have no respect for men whose only duty is to arrest other people. police come again you will not run amok you know your

4 liberty is in safe hands. The police ought to arrest all the speakers here on this platform "because they are fighting for freedom "because it is important that our leaders go through the same channels that Swart went through." stage I could not hear what the speaker was saying. At this I believe the loudspeaker system had "broken down. However, I gathered that he alleged that Mr. Swart was also arrested once upon a time for a political offence and that today he is the Minister of Justice. I then continued reporting the speeches when the loudspeaker system was working again. "If the only way to get to the parliament of this country is through the gaols, then I say let us all go to gaol. We will carry on with our programme as if nothing has happened, as if a fly has fallen in a cup of tea, you just push that cup aside and take another one. The next speaker is Mr. Patrick Maloao, the Treasurer of the African National Congress Youth League Transvaal. He is going to speak to you about the role of the youth in the fight for freedom in this country. He is going to speak on something which is very, very important. Whilst he is speaking, I would like the choir from Alexandra Township to come to the platform." The choir then sang several songs. The next speaker was Patrick Molaoa. He spoke in English and his speech was translated into native language "by an interpreter. "Afrikai Mr. Chairman, I thank you. The youth of South Africa salute you. I am called upon here today to speak to you on the role of the youth in the Liberatory Movement. The backbone of every nation lies in the youth of that particular nation. If you look at all the progressive nations you will notice that they are progressive because of their youth. Here in South Africa we are not so vigilant as we are supposed to be. Yes, the struggle here in South Africa is more difficult than the struggle in many other countries. We have many forces against

5 us. First and foremost we have the Nationalists against us and then we also have to fight against the spies in our midst, the people, our own people who are in the enemy's ranks and who work for small gifts. Another difficulty is of course that there is no self-respect, agreement amongst ourselves. Look at Fascist Germany under Hitler. With the youth of Germany he shook the whole world. He instilled discipline into them, and if Hitler had not taken up a fascist stand, Germany would have "been the talk of the world today. The Malan Broederbond which was formed a few years ago today rules this country, "but because of its fascism it will not exist for a long time. I am to speak to you on the role the youth must play. A most dangerous weapon is going to be used against us Bantu Education. The youth in every country must see to it that the demands of the people of that country are catered for. Today, here in South Africa, the little liberties left to the African people are also to be taken away. Now, what can we do? Our first task should be a forceful demonstration against these laws imposed_on us against our will. In connection with this Bantu Education, I am appealing to you to see to it that parents abstain from taking any part whatsoever in the functioning of the school boards which are going to be set up under this act. Why must you allow Verwoerd to make the parents the tools to kill their own children with? Yes, indeed, this subject of Bantu Education is a very important subject indeed, which we have to discuss, because education is the most vital weapon of every nation. Some people will come to you and say there is nothing wrong with Bantu Education. Why is the penalty for private schools so high? Sons and Daughters of Africa, here we meet today, one word - forward to unity!

6 Today you will find that the most satanic legislation is, imposed on the youth. That is to show you how important the youth is in the growth of any progressive nation. That is why today Verwoerd is trying to make the youth subservient, so that they will work against their own people. Yes, the issue is very important, especially to the youth of Sophiatown. It is true, our support has dwindled by the removal of Sophiatown. But sons and daughters of Africa, the removal of Sophiatown is just one small molecule of the whole struggle. It is like a battle somewhere in a war one battle does not determine the war itself, Today, sons and daughters of Africa, there is one appeal I wish to make to you. We want men men of determination. determination against the Bantu Education Act. We want volunteers, determined volunteers. We want volunteers, not only from the teachers, but from all the youth in every walk of life. Yes, there is much more needed from the youth. The youth of South Africa has not yet shown what type of youth they are. We need youth that will cater for the cultural activities, youth in the high schools should cater for the youth in the primary schools. spheres of the battle.. We need the youth to work in all Indeed, today we also commemorate the struggle started in 1946 in India when the students joined the struggle for independence there, and the struggle then went ahead^with renewed vigour. The greatest factory today in any country is economy, but without discipline, cater as you like, nothing will come all right. The chairman, when he spoke he pointed out that there is going to be different education Broederbond education exists already, but now they are going to start with Bantu Education, and English Education, Indian Education and Jewish Education will follow soon. They do this because in their own minds they are the only God-chosen people fit to rule South Africa, in their Fascist manner of course.

7 Sons and daughters of Africa, we need a demonstration against this Fascist legislation. Today the sole aim of the youth is to "build up the leadership of tomorrow, so sons and daughters of South Africa, roll up in your thousands to demonstrate your opposition to this Bantu Education Act.. Mayibuyet Greeting you far freedom in our lifetime." The Chairman, R. Resha, again: "On your behalf I wish to thank Mr. Malaoa. I don't think it is necessary for me to comment on what he has said. The next speaker is the government's greatest enemy in this country. He is their enemy No. 1. I am referring of course to Father Huddleston. Of course, it is not of his person that the government is afraid, it is of the truth that is in him that the government is afraid. But I am happy to say that the majority of the people in South Africa loves Father Huddleston. The day before yesterday Mr. Strijdom spoke and he referred to Father Huddleston as an agitator. Forget it the truth will come out and when Father Huddleston speaks the government's agents listen. I now have pleasure to call upon Father Huddleston." You can omit the speeches of both Father Huddleston and Sidebotham.? After Father Huddleston the chairman spoke, "Friends, on your behalf, I wish to thank Father Huddleston. I realise now that the police were disappointed because Father Huddleston did not go to them for protection. It isa pity Father Huddleston was not here when the protected Mr. Leon Ruff. That is how they protect a person. The only protection they can give you in South Africa is to lock you in a cell. We the people of Sophiatown, people of South Africa, are free in the land of our birth, and Father, if you don't believe us you can search us, search our pockets, we have no revolvers. Everything that is inhuman in this Bantu Education has been exr pose already, and by men who are highly educated. Father Huddleston explained to us what this education will do to our

8 children. He and his church are against it. You must realise, this my friends, what is wrong in principle can never he right in practice. Therefore you must decide not to send your children to these schools. The African National Congress has taken the decision to withdraw all the children from schools as from the 1st of April and the children will be kept from the schools until this Bantu Education is withdrawn. I have another speaker Father Sidebotham, who is in charge of the Anglican school, St. Cyprians, here in Sophiatown. St. Cyprians is one of those sohools which will be closed. Father Sidebotham will tell you what is going to happen. I also want to thank the committee responsible for the arrangements for this meeting. They had a lot of expenses and their consolation was that we, when we have this meeting, will help them to defray their expenses. So, give your pounds, half-crowns, two shillings, and last, but not least, your pennies. The choir will sing and I hope that will help you to empty your pockets." There was then a collection. "We will now carry on with the business of the meeting. The next speaker is going to be Father Sidebotham. He is going to speak to you on what is going to happen to his school. I now call upon Father Sidebotham," Father Sidebotham then spoke. At the conclusion of his speech, the chairman, R.^ Reshaj "The youth of all races are gathered here this afternoon, the Anglican Church is not alone. Not only the parents whose children are in your schools, but all the African parents support you. We realise that the road we are taking is a thorny one, but yet it is the only one. now reaching towards the close of our meeting. Friends, we are We have here with us this after, Mr. Daniels, chairman of the South African Coloured People's Organisation (Tvl.) He is going to read.to you the pledge of the youth of South Africa. Mr. Daniels is a blind man but the road to freedom is in his heart, so that truth

9 will prevail. We who can see must consider ourselves lucky today, (must I) hut I must say that Mr. Daniels seems to "be able to see better than Dr. Verwoerd. As a form of introduction to this pledge I call upon the Transvaal Indian Youth Congress to come to the platform. This I do to the annoyance of the police. They think that the Africans are against the Indians. They say that it is the Indians who are exploiting us here in South Africa. Verwoerd believes that the Indians must be sent back to India, but I want to tell him that he will be in Germany long before that. I now call upon the Indian choir to sing." Chief Luthuli. Four Indian youths then sang a song about "Friends, every day we see the people of South Africa coming together. No man in South Africa has the following which Chief Luthuli has. Before I call upon Mr. Daniels, I want to make the following announcement. We have collected At 2.30 this afternoon there is a meeting in the Trades Hall, a meeting of the Women's International. On Thursday at 7.30 p.m. there will be a meeting of the members of the African National Congress Youth League here at this same place. That meeting is open to all people, in fact the police are welcome. There will be a womens' prayer meeting on this square next Saturday; all men not going to the beer hall are welcome, but the women are no longer prepared to wait for those men going to the beer halls. I now call upon Mr. Daniels." Mr. Daniels said; "Mayibuyei The following is the Colonial Youth Day Pledge. I will now read it to you, it runs?- We, the young people of South Africa, of all races, of various religious creeds, and from different walks of life, gathered together once again on the occasion of World Youth Day, 1955, meeting as we do on soil which was robbed away from us, so that today many of us have become foreigners on the very piece of land that gavebirth to us and on which we grew up; it.! it fr.v^ir A.v.

10 is therefore natural that our thoughts should turn to our country, our place, our plight and our future; Our South Africa which we love so much is today a vast prison camp for its inhabitants less and less have become our joys and our pleasures, less the laughter of our children and the food in their stomachs, less and less have become our rights, our South Africa is today a police state, we, without the privacy of our homes and our families, without security or tenure, without the little respect we once held for law and justice; and looking beycnd the borders of our homeland, we see a world in fear, a world in turmoil, more and more are some countries becoming ripvps ^ ^ombs- machine guns and tanks, men no longer speak to you except in terms of war, no longer in terms of the ancient culture. We fear Formosa and the over-hanging threat that the American Imperialists might in their madness use the H-bomb against the Chinese people. We speak of Kenya, Malaya and Cyprus and no longer do we speak of the rich minerals in their soils, but the blood being shed. Our minds dwell on mass concentration camps, on (genocide) on bulldozers, on bombs, on murder and on poison. We think of colonial oppression, of racialism and of man's inhumanity to man. Gathered together therefore on the occasion of Colonial Youth Day 1955, we, the young people of South Africa, stretch out the hand of friendship to our fellow oppressed people throughout the length and breadth of our country. We warmly clap the hands of our fellow colonial brothers everywhere, and pledge to them our sincerest support, our wishes for friendship, our fraternal greetings. To all peoples in every nook and corner of the world, we the young people of South Africa, oppressed, dominated and insulted, pledge to march forward determinedly, courageously and unflinchingly, to restore right in our dark continent, to establish respect between man and man, and win freedom, peace

11 and liberty, and the brotherhood of all peoples regardless of race, colour or creed. That, fellow young people, is the Colonial Youth Day Pledge. Mayibyel AfrikaJ" Then the chairman, Robert Resha: "Friends, Mr. Daniels has read to you the pledge. I want you to repeat this after me three times; this we pledge, this we pledge, this we pledge I I must congratulate you for coming to this meeting here today, for standing in the sun the whole day. It shows your determination. Many of you had business to perform, but you sacrificed that to come and stand in the sun and listen to the speakers. Many did not come because they say they don't believe in talking but in actjon. TV,QT n T '"qn+r to tell no army can go into action unless it is properly trained, organised. By coming here my people you are showing that the aims and the objects of all oppressed people throughout the world are indivisible. By meeting here in Sophiatown, you show that as regards the removal of the people from Sophiatown, the fight is not over. The Government has taken upon itself the arduous task of keeping down ten million people. This Government has pledged that, but they have taken their pledge not as people who believe that it is right, no, they are hiding behind machine guns, behind the police. Friends, less we forget, I just want to make it clear that long after the police will be finished, Stajdom will be finished, the people of Sophiatown will be on this square. Strijdom has to follow those people whom he succeeded, but where is Botha, Hertzog, Malan, Smuts? Dr. Malan said he will remove the people from Sophiatown, but the people of Sophiatown have removed him from his throne. My people I want to assure you that long before you leave Sophiatown, Strijdom will be removed, not by us, but by his own people. The lies of Ver- ~ - i woerd will be exposed not later than next month when all the

12 African Children will be withdrawn from the schools. Freedom is in your own hands, and it is your duty to step forward and get your own freedom. No amount of police, army, machine guns will intimidate us, we are determined to be free in our own lifetime." In the course of the chairman, Resha's speech, when he announced that Daniels, chairman of the S.A.Coloured People's Organisation would speak, he mentioned that this man was blind.? Do you know whether Daniels is totally blind, or not? I don't know. Because I am trying to find out, according to your record, he read the pledge of the Colonial Youth Day? I cannot say whether he is totally blind or not. BY THE COURT; When he addressed the meeting, did he use notes? I cannot recollect. I merely wrote down what he said. Did any of the speakers make use of notes? Sometimes they have notes, sometimes they haven't. I made no notes about it at this meeting. I cannot recollect. EXAMINATION BY P.P. CONTD.; Did all the speakers speak in English? Were there interpreters? They interpreted all these speeches from English into one and sometimes two native languages, Do you know the speakers who spoke at this meeting? I know Robert Resha, I know Mr. Issie Heyman. (Robert Resha, No. 63.) I know Dr. Ronald Press. (No Can you say whether these people are all before the Court; Resha, Press, Moosa MocLla, Patrick Maloao? I don't know Moosa Moolla and Patrick Maloao. me by Nat, Det. Sgt. G-ladwell Ngcai, They were identified to I don't know them personally.

13 BY THE COURT; But you saw these people at the meeting, can you say whether they are amongst the Accused today? Robert Resha I see amongst the Accused and Dr. Ronald Press. Do you know whether Moosa Moolla is amongst the Accused? I can try and identify him. (Witness leaves box.) Robert Resha is No. 63, and Dr. Press No. 60. I think Moosa Moolla is No. 44, I'm not definite. Patrick Maloao I cannot identify.) EXAM I NAT 10N_ BY P.P. CONTD - : You hand in your shor thon^-n^tftp ^s Exh, G-,80, and the transcript as G.8l? (No further questions) CROSS-EXAMINED BY MR. BSRRANGE; Your notes of these speeches contain two speeches made by Father Sidebotham and Father Huddleston? Yes, a ^-.x-oion of the speech made by Father Huddleston, and the speoch by Father Sidebotham. And that which is contained in your notes is an accurate reflection of what these two gentlemen said at this meeting? I don't propose to ask the witness to read them out, as long as it is acknowledged that these persons spoke and that which is reflected in the notes is an accurate reflection of what they said? for the purpose of saving time. (No further questions) MR. SLOVO; NO ^QUESTIONSi NO RE-EXAMINATION;

14 JEREMIAH MOLLSON, duly sworn, EXAMINED BY P.P. (MR. LIEBENBERG);' You have already given evidence in this case? Correct. On the 19th December, 1954, did you attend a meeting of the African National Congress, held at the corner of Morris and Victoria Roads, Sophiatown? Correct. Did you make notes of speeches delivered at this meeting? Correct. Did you record when the meeting started? No. 4 Did you record who the chairman was? (Witness looks through notes.) Will you just read out what you have? P. Makgothi. "Africans as you know that this is our seventh week for the end of the year. As we have meet here Africans we have meet on a hot day as you know that today at Pretoria they are laying the stone of President Makgoatho. When he take the chair at Pretoria people were not walking on the pavement and he have also fight for the first and second-class compartments in the trains. That every person who want to be in it he can do so if he got the money. You remember some people were paying 2.10,- poll-tax. Those are the things; remember people you have seen " I can't make out this word. "Africans we are facing the hardships, we have met with the Lion of the North, Strijdom, who have left Pretoria yesterday. We are at the time of Verwoerd when he went to Pietersburg and tell the people what he have done about the Bantu Education. We did not get a reply. What did the chief say. He is going forward. Dr. Verwoerd and Minister of Justice Mr. Swarts " I can't make it out. Mr. Strijdom today is elected. Today is the election of the advisory boards. We will think that this one is what is the same of all the years. You remember that

15 Dr. Verwoerd, the City Council have tried to raise the rents in the locations. We have warn it we don't know about this spies at Western Native Township and at Orlando of Mpanza. We will see how they work it out. We have met with many things. We don't know if a cow and donkey as Prinsloo said. Sophiatown must be removed next year. Dr. Verwoerd said next year all the schools will be under the Bantu Education. We have met when it's a big day that your leaders are at Durban at a conference. You know that we meet always on the 16th December, every year. You must remember that it was very hard for your delegates when they go to Durban. As you know, if a person wants to go overseas there is always it Did you omit something after 'always'? No, it ends at 'always.' If you can't make out the sentence, say so? This sentence has just end there at 'always.' Go on to the next then? The next speaker, Jonas Matlou: "If Malan wants or not we will get freedom, even if there are Africans who drink the blood of other Africans, Your speakers those who you know them are at Durban. I did want to tell you that there are Africans who drink the other Africans blood, I was a teacher myself I did not want to be under Verwoerd. I wish the time was near that I was a leader. I should have seen what to do with this young boys who had read it in the old history. time has changed We find it in the old history that the " I can't make out this sentence here, Education has begun here in South Africa. Why did the whites call us barbarians today. The history says Saturday was pray day but we pray on a Sunday. It's in the old history that the Africans have fight with the Dutches because when they came they said this is my farm. That's why Dingaan has been

16 changed. That's the day that Dingaan has killed them. I am not ashamed to tell you that Dingaan's house was a palace. That's why the Boers went to it in the night. When they were walking around his house he killed them as they are wizards. Was he guilty for that? said 'Buleyani Bakathe,' Yes, when he said 'Kill them' "be Those things we were learned by our teachers " Will you continue if you cannot make out what you wrote? Nearly the whole page here I can't make it out. Which page is that? Yes, Page No. 7. Go on from there; who was the speaker after Matlou? The next speaker I can't make out his surname. What name have you there? It seems to be Nhlapani You don't know the Christian name of this speaker?- No. Who was the speaker after him? (Witness searches through notes.) The next speaker was Mr. Mogorosi, And who was the speaker after him? Mr. Tshabalala What is his Christian name? Henry Tshabalala. Do you know these persons, P. Makgothi? Jonas Matlou? Henry Tshabalala? Are these three persons amongst the Accused before the Court? ( Makgothi, No. 26; Matlou 38; Tshabalala 77.) (No further questions) CROSS-EXAMINED BY MR. SLOVO: Is Tshabalala a very common name? I don't know. Do you understand my question what is that you don't know?i Has Tshabalala got any common name.? Correct. No, do you find this name a lot amongst the natives

17 Do you know what the word 'common' means? What does it mean? A common thing, you may be talking with a person and he will tell you 'No, that's a common thing,' I don't want it. We can't talk about common things' and so on. You mean dirty or rude, lewd things do you understand English? Not too well. Well, you have come to this Court to give evidence as to what the speakers said, do you know that? Yes, And you don't understand English too well? Correct. And you will agree that your notes are full of absolute rubbish, will you not? I don't know. Will you agree with that? (No reply,) Don't you want to answer that question? (No reply) BY THE COURT; Do you agree with counsel, do you agree that your notes are full of absolute rubbish? I don't know if they are absolutely full of nonsense or rubbish. CROSS-EXAMINATION BY MR. SLOYO (CONTD.); Have a look at the note you have of Tshabalala's speech? V/hat have you got written there, starting from the beginning, what name have you got written there? "Mr. Tshabalala." Just Mr. Tshabalala, not Mr. Henry Tshabalala? No, Do you know why my learned friend asked you whether this is...,, when he referred you to the speech he said 'Henry Tshabalala' do you why the Prosecutor said that? BY THE P.P.; I asked him what the Christian name of the speaker was and he said Tshabalala. BY MR. SLOVO: I'm afraid not; I'm afraid the learned Prosecutor in referring the witness to this speech said himself without any prompting from the witness 'Mr. Henry Tshabalala,'

18 I may be mistaken, but that is my recollection, BY THE P.P. t No, I'm sorry, I would like the machine to be played back, because DISCUSSION BETWEEN MAGISTRATE. P.P. AND MR. SLOVO: CROSS-EXAMINATION BY MR. SLOVO CONTD.: Have you any recollection of the speakers apart from your notes; who the speakers were at the various meetings you attended? No. BY THE COURT: Can you remember who the speakers were at these meetings without referring to your notes? Which meeting? Any meeting? Some of the meetings I can remember. CROSS-EXAMINATION BY MR. SLOVO CONTD. And this meeting you can remember? At this meeting I can't remember them all. Can you remember now who spoke without referring to your notes? No, So how do you know that this man was Henry Tshabalala? When he addressed this meeting on this day I didn't know his first name. BY THE COURT: But how do you know today that it is Henry Tshabalala, that is the question; how do you remember that. You see, in your notes you only have Tshabalala, is that right? Correct. So how do you remember today that he was Henry Tshabalala? The Public Prosecutor asked me what is his Chrisonly tian name, and I remembered that the/tshabalala is Henry Tshabalala. What do you mean by 'the only Tshabalala'? The Tshabalala we've got at Western Area is only Henry Tshabalala. Now, we haven't got another Tshabalala. Now, when we speak of Tshabalala I know it is Henry Tshabalala.

19 CROSS-EXAMINATION BY MR. SLOVO CONTD. So I take it you've got no recollection independently of your notes that it was Henry Tshabalala, that you say it must he Henry Tshabalala, is that your answer? It is Henry Tshabalala who spoke at this meeting-. BY THE COURT; a meeting? Have you heard any other Tshabalala addressing The other Tshabalala is beginning to address the meeting only from last year. Which other Tshabalala is that? Patrick Tshabalala. Is there any other Tshabalala that you know of? No, only these two. CROSS-EXAMINATION BY MR. SLOVO CONTD,; Is this the only Tshabalala that you know? These two. Do you know many Tshabalala*s apart from these two? I know only three Tshabalala's. What do your notes say about Matlou, do they describe his Christian name? No. Have you any independent recollection, independently of your notes as to which Matlou this was who spoke at this meeting? No. (No further questions) MR. BERRANGE; NO QUESTIONS; RE-EXAMINED BY P.P. (MR. LIEBENBERG); How many Matlou's do you know who address African National Congress meetings.? I know only one Matlou. And who is that? Jonas Matlou the one I know. In what area of the Reef does he usually address meetings of the A.N.C.? At Western Areas. And at Sophiatown? Yes, at Sophiatown; that is the Western Areas. Jonas Matlou. And that Matlou, what is his Christian name?

20 How many Tshabalala's do you know who are connected with the African National Congress and who address their meetings? I know three Tshabalala 1 s who are connected with the African National Congress, hut the third Tshabalala, I never knew him addressing a meeting, only the two. And what are the names of the two that you know? The other one is Henry Tshabalala, the second one Patrick Tshabalala. And where do they live? They live at Sophiatown. Both of them? Correct. And do they address meetings of the A.N.C. at Sophiatown? Correct. How do you know that this man who addressed this meeting was Henry Tshabalala? DISCUSSION BETWEEN MAGISTRATE AND P.P.; RE-EXAMINATION BY P.P. CONTD.; This other person, Makgothi, what is his Christian name? Piet Makgothi. And how many Piet Makgothi's do you know who are connected with the A.N.C.? He is the only one I know. (No further questions) (Notes handed in as Exh. G.82,)

21 SOLOMON DUNGA, duly sworn, (Xosa - Ebenezer Mazwai) EXAMINED BY P.P. (MR. LIEBENBERG); Have you already given evidence in this case? I have. On the 10/4/55 did you attend a meeting of the A.N.C, held at No. 2 Square, Alexandra Township? I did. And did you make notes of speeches delivered at this meeting at the time? I did. Did you yesterday in company of a representative of the Defence and a representative of the Crown check your notes with a typed transcript that was made of the notes?-- I did. V/as this transcript of yours corrected? Can you say that that is a correct transcript? I did not see it. That is one that was agreed on yesterday between a representative of the Crown and the Defence. BY MR. BERRANGE; By agreement it is a correct transcript of what the witnesses alleges the speakers at that meeting had to say. EXAMINATION BY P.P. CONTD.; Will you read only those portions that are marked in ink on the transcript, and say who the speaker was when you read the passage that is marked? Solomon Mathopa. I have got here 'Mathopa S. (Witness reads from G.84.) Do you know this person James Radebe who addressed this meeting? I do. Is he one of the Accused before the Court? (Accused No. 61.) And was there also some literature sold or distributed at this meeting? I cannot recall that now whether

22 there was. Will you look at that pamphlet and see the notes on the "back of it? Yes, this is one of the pamphlets that 1 bought at this meeting. Where did you "buy that? At this meeting in No. 2 Square. (Pamphlet G.85«) What is the name of that pamphlet? "New Life in China" "by Ruth First. I hand that in. (No further questions) (Notes handed in as G.83; Transcript G.84, Pamphlet G.85. NO CROSS-EXAMINATION; FURTHER EXAMINATION BY P.P. (MR. LIEBENBERG) (8/5/55.) On 8/5 /55, did you attend another meeting of the African National Congress at Alexandra Township? I did. Did you there make notes of speeches delivered "by the speakers? I did. Did you record who the chairman was? Who was that? Ahel Meti. Did you yesterday check your notes against the transcript? I did. And were certain corrections made in the transcript? Have you your notes and the transcript before you now? Will you read those passages that are marked in the transcript? BY MR. SLOVO; I have authority on behalf of Mr. Berrange and Mr. Coaker to make the necessary admission. BY THE COURT; Will there be an admission made in respect of each individual transcript, or will there be a general admission in respect of all the transcripts being checked and

23 corrected. BY MR. SLOVO; I think it would he more convenient if an admission should he made in the case of each transcript as and when it comes up. There might in the case of particular transcripts he a dispute about correctness. The admission is made in regard to the transcript of this meeting. EXAMINATION BY P.P. CONTD.s Will you read those passages that are marked in the transcript? (Witness reads from G.87.) (No further questions) (Notes handed in as G.86; transcript G.87.) CROSS-EXAMINED BY MR. SLOVO: Will you have a look at your original notes (G.86); Was everything which is contained in those notes written at the time of the meeting? Would you have a look at the last speech, the speech of Motsele; the original notes are in pencil are they not?-- Is it not so that in the case of quite a number of words have been altered, or words have been added in ink,? When was that done? I cannot remember now. Will you have a look at page 22 of your notes; and the page following page 22, and tell us what it is? Page 25 What has happened to pages 23 and 24? I have no knowledge of that. I take it that when you are recording at meetings, you record under rather difficult circumstances? It is not possible to get down everything that the speaker says? That is correct.

24 You sometimes find yourself writing one sentence, stopping in the middle and continuing with the next sentence and it follows therefore that a great deal of what might he recorded in your notes is in fact not an accurate reflection of what the speaker said? I do not quite understand what you mean by that, because what I have recorded here is what was said by the speakers. Yes, but you have already told His Worship that you record the notes under extremely difficult conditions, that you can't get everything down, that you sometimes stop in the middle of one sentence, and carry on with the next? Would you say, and you are the. only--one..aili i..can tell us because you are the recorder, that your method of recording, taking these admissions which you have made into account, provide an accurate reflection of what was said at the meeting? I cannot say that with certainty. You cannot say with certainty that your notes are «-. ^ an accurate reflection? That is correct. In fact, I see right at the end of one of the meetings, at the end of a transcript which I have before me, that is a meeting which you reported on the 6th February, 1955, you wrote at the end of your notes "Errors and omissions excepted," is that correct? That is correct. And you understand the meaning of that phrase? Finally, will you look at the transcript of your notes, not the original; the speech on page 1 made by J. Mashamaiti; the last sentence of the first paragraph reads as follows: "Still, the A.N.C. stands for everyone, irrespective of race, colour or creed"? That is correct. DISCUSSION BETWEEN MR. SLOVO, MAGISTRATE AND P.P.;

25 (No further questions) (NO RE-EXAMINATION) FURTHER EXAMINATION BY P.P. (MR. LIEBENBERG); (6/2/55) On 6/2/55, did you attend a meeting of the African National Congress held at Alexandra Township? I did.? I did. Did you make notes of speeches made at this meeting Have you those notes before you now? Did you check these notes of yours yesterday in the presence of a representative of the Defence and the Crown? I did. Have you the typewritten transcript before you now? BY THE COURT; I take it there will be certain portions of these transcripts attacked later by the Defence, because they don't agree with everything. I take it the transcripts are going in by consent, and I take it that will meet the position. BY MR. SLOVO; EXAMINATION BY P.P. CONTD.; Have you that transcript before you now? Will you read those passages that are marked in the transcript? (Witness reads from G.89) (Notes handed in as G.88 and transcript as G.89) Amongst the speakers who addressed this meeting you mentioned one Tennyson Makiwana?- DISCUSSION BETWEEN MR. SLOVO, MAGISTRATE AND P.P.; BY THE COURT; Do you know the Christian name of Makiwana? Yes, Tennyson. Will you step down and identify him? MR. COAKER ADDRESSES COURT; }

26 BY THE COURT: I appreciate that; you don't want the Prosector to suggest the Christian name. What is the number, Mr. Prosecutor? BY THE P.P.: No. 27. That is the only Makiwana. (No further questions.) NO CROSS-EXAMINATIONs FURTHER EXAMINATION BY P.P. (MR. LIEBENBERG): (29/5/55) On 29/5/55 did you attend a meeting of the African National Congress at No. 2 Square, Alexandra Township? I did. Did you make notes of speeches made at this meeting? I did. Did you yesterday check your notes with a transcript made thereof in the presence of the Crown and the Defence? I did. Have you the corrected transcript before you now?? Abel Meti. Will you say who the chairman was at this meeting Will you read those passages marked in the transcript? (Witness reads from G.91.) Amongst the speakers at this meeting you have mentioned the name of Nene, I think you said his Christian name? Yes, Phineas Nene. Is he amongst the Accused before the Court? (No. 51). (Notes handed in as G.90 and Transcript G.91.) NO CROSS-EXAMINATION:

27 DANIEL MADYUTA, duly sworn, (Sesuto Ebenezer Mazwai) EXAMINED BY P.P. (MR. LIEBENBERG): Have you already given evidence in this case? Did you attend a meeting of the African National Congress at No. 2 Square, Alexandra Township on 30/1/55? I did. Did you make notes of speeches delivered at this meeting? I did* Are those the notes that you made at the time when the speeches were made? Yes, these are the notes, hut the first page is not here. Do your notes start on page 2? That is correct. Have you subsequently ascertained that the first page is missing? That is correct, I saw it on a piece of paper attached to these notes now. Did you transcribe your notes the next day; did you prepare a report? No, these are the notes I took at the meeting. The Prosecutor has the report. My question was whether you had prepared a report the next day for your superior officers? After you had prepared the report, did you attach your notes to it and hand it in to your superior officers? I did. Did you afterwards find out that the first page of your notes was missing? That is correct. Is this the report that you prepared the next day after the meeting? That is correct. When you prepared the report, were the facts still fresh in your memory? Refreshing your memory from the first portion of your report, when I say that I want you to refer to your report for that part of the speeches that appeared on page

28 of your notes do you understand the question? No, I'm sorry, I don't understand the question. You must only read the first portion of your reports * only that portion which does not appear in the notes? Yes, I understand. Who was the chairman? Michael Motsele. What did he say? On his opening remarks said; "We have opened our meeting and you will think of what has passed. You will think of Europeans who have opened their lion who is Strijdom and Malan has retired. Before his time and opened Strijdom who is called the Lion of the Waterberg, so that he "can come and oppress us because he is a man whom you cannot untie. During the war the Dutch people has said thiy want to help the Germans, and today we have a new Hitler who is Strijdom in South Africa, and Hitler thought he was going to defeat all the nations. Today the Nationalist Government of Strijdom, Swart and others wants to do the same. Strijdom says he wants to unite but he is not fighting for it. The Nationalists have kicked Havenga out. At Sophiatown where they want to remove us but we are waiting for the 12th February and it will be the history of Western Areas and every African must give himself up, but on the day it will be the day of death and the blood will flow. You know last week we had a meeting which we were speaking about Bantu Education Act, and we have passed a resolution but on the 1st April all children are not going to school and all those who are arrested for beer they must tell those who are in gaol that children must not go to schools. In the East in China and Formosa there is war, and we are not going to help. The people of China are also demanding their birthland just as the same as we are doing when asking for our freedom, and we shall deal with those who are against our Freedom ristlk-.f-.i_ii

29 Charter. At Kenya the people are killed by the British and it will be the history. our Africans in Kenya. We ask them to stop from killing This Government in South Africa which is under Strijdom we ask him to leave those people of Western Areas and the forces of South Africa are prepared to go and kill our people at Western Areas and it will be the history of the Nationalist Government. With these words I am opening the African National Congress Meeting. The blood of our people in Sophiatown shall water the tree of freedom and with their tears. Our time is heavy and we can see it." Then the second speaker, Masina. "Africans, I want to sing a song which is where Malan I asked for an excuse to the chairman who said to me 'Fire is burning.' When I was ill under the blanket and I said I must also go and extinguish the fire. I mean the Western Areas which you must take notice of it because when the fire burns there it will also come here because Africa is big, and from 12th February these rich people are going to throw out the blood of our people at Western Areas. These Dutch people who are going to kill our people more especially Strijdom whom we grew together at the North. At Sophiatown we are not going away. We can rather die and they can call the place New England and they have said Sophiatown must go because it is smelly and today they said it is the place of white people which means that is robbing Africans. I have travelled much in South Africa but I never saw a place which arrests Africans like here. From Wynberg to town you will see many people arrested and some of our people are helping to arrest them and you will find that these people didn't steal, which is only a pass and it is made to rob us. I say this pass must be for Europeans because they come from other places. Today they want to teach our children Bantu Education which will make

30 them slaves. They want to teach our children Bantu Education which will make them slaves. I am speaking this phrase to you because there is no-one who flies hut you see so many people at pass office and court. Today we have tsotsis because of passes which say children of Alexandra must stay here and work here. Now they say our women must carry passes and say European women are carrying them. There is nobody who is going to ask a European woman pass because I am born here I don't see what is it worth. A pass is what makes our brains mixed up. At Pretoria last December this police arrested a 17 old native girl and at the charge office the sergeant took her and raped her. There are many who say we are afraid of being arrested by the police during the night, when you are asleep. Africans time is there today when we look at what these Dutch people are doing everybody is sitting on the fire. During the time of Smuts, teachers, ministers used not to carry passes, but one day I found a minister arrested for pass at Fordsburg. Now I am going to speak of education and I am very glad because of everybody's a child. Then is the time we get a new Moses who will come and free us from oppression.'" That was the end of the speech made by Masina. Do you know his Christian name? Yes, I know; it is Jonas. Who was the next speaker? The next speaker was Motsele, chairman's remarks. "You have heard what Masina said about Bantu Education which is going to teach our children which way they should respect. their parents are not respected. How can they respect when We never nominated Verwoerd and we are not going to call him a Minister of Native Affairs, but Minister of European Affairs. And today he is touching the petticoats of our women. Who is Vjrwoerd? He is the son of a Dutch Reformed Church Minister. I appeal to all the sons

31 and daughters of Africa to stay away from the Dutch Reformed Church which was formed after the defeat of Africans. Everybody who is in the Dutch Reformed Church is helping the Dutch to pray their God as they prayed at Blood River, and said! 0 God help us to defeat the Africans, 1 and made the Dutch Reformed Church. Those who are in the Dutch Reformed Church must think of the African blood at Blood River, and step out of the Dutch Reformed Church. You must get out because the ministers of the church are policemen. In the north the Commissioner of the police is a big minister of Dutch Reformed Church together with Mr. B a denhorst. Time has come for public thinking and to talk so that, we may be arrested for_what we have said. We have come to a stage when our leaders should come out of you like Moses who freed their people. Our teachers have learnt to become policemen and some of them are going amongst our parents. are not going to success. We say Strijdom and his clique Nobody knows where Hitler is who was so much afraid in Europe. Now, what is Strijdom. I will call upon my second speaker who is going to tell you what Verwoerd wants to do with the education of our children." Now, will you be careful when you read the speech of the next speaker spell the name first? It was Bennet Molewa. Look at your notes, to see where your notes start will you read only that portion of your report which precedes the beginning of the notes "Verwoerd from Amsterdam", have you found that passage. (P.P. points out place to witness)? "It is our duty to stand here all the time and those who know it know how to teach have also to come and teach and think we were also told we must learn our people well. You know the dog when it hunts for an animal and that's how we want to show you education that is right for our people. In

32 Amsterdam there was a tsotsi who was called Jan Van Riebeeck and nobody told them except and he was the leader of this "big gang. The people in Holland did not like him and even women did not like him. Then they went with him to the sea. wnen these people came to South Africa they did not know the conditions in this country and started stealing our cattle and our women. You have seen how the education started. Now I am going to speak on the present day education. Education says you must know where you are and they introduced native education. They say this kind of thing is just as good as of Europeans. When it's love we see that God is with us. Their work is to remove our people from their places and to subject our children to an inferiority education. That's why I told you they did not start with it from here but from Holland. Here we are not going to allow that kind of education. The Bantu Education Act aims at the separation of the friends of African Nationalists through inferiority and slavery education because we are not educated they want to oppress us effectively. You can all see that these oppressors are following Hitlers footsteps and they try to bribe our people by saying 'I will give you this and that' if you help me to oppress your people." Will you now proceed reading from the notes? I hadn't come to where you had marked. Well, continue to the spot that is marked in the report? "Dutch people are those who are not educated. They are like animals who are " I can't make this word out. " with mealies or dates and who when captured cannot forget they are happy. I want to show you that I am not afraid of anybody and even if I am banned that will not mean that I will be having no brains. I must fight and die for freedom. I am not even afraid of the Boers. Our rights have

33 "been taken away as education. Because of our rights we shall stand against their dangerous weapons. Let them come to me on the day of removal. They will get me there. My spirit wouldn't die. I will remain amongst the Africans. Africans, Bantu Education " There is a word I cannot make it out there. "... it is education which must he oppressed. They have introduced this kind of education in order that when the Africans who are enlightened die those who follow them will remain in darkness. We never nominated Verwoerd. He is just defending his fellow whites and I am a minister standing against the oppression of our African progress." I have now got to the mark. Will you now continue reading from your notes? "... which was brought by Verwoerd from Amsterdam and he also told you about the monkey which cannot leave things for someone. When these Dutch says that they are oppressed they keep on trading, and on 1818 when they see that the English people have oppressed them they have trekked. It's true when the baboon holds monkey-nuts in a hole it will never leave them, it can rather die. The teachers are opposed to take instructions without question given by Verwoerd. And it's only one way or we die but we"shal 1 "never ~go""back. This time we shall sacrifice ourselves for freedom. Today India is ruling itself and people when it was waking just like what we are doing and say they are mad. Those who are standing on our way, white or black, when we get our freedom they will come to the people's court; and sentence them to death. we shall start from the cabinet I leave you with this message that everybody must keep it in your mind who have shot our leaders and when you get freedom they must be killed. Freedom

34 is of everybody and it doesn't belong to the leader of Amsterdam, who is Van Riebeeck. If Strijdom changes his mind before freedom he must come to Congress, but if we have already got \ our freedom we shall bring him to Court. Here at Congress we want everybody whether speaking English or Afrikaans, but if we are oppressed we are going to kick them. Verwoerd and Swart's clique under the government of Strijdom which they are prepared. Those teachers who are employed " COURT ADJOURNS: f

35 FRIDAY, 15th MARCH, COURT RESUMES; BY MR. COAKER; May it please Your Worship. The two Accused who have heen unwell for some time, Nos. 52 and 55, are still absent from Court. The Accused Bertha Mkize, i.e. Accused No, 136, was travelling in a car with Professor Mathews when it broke down this morning. She thereupon boarded a train but has not yet reached the Court. I assume that her train has been delayed or something of that kind has happened. She was on her way to Court with Professor Mathews but left the party and boarded a train in the hope of arriving at Court in time. Accused No, 50, Suliman Nathie, has also not arrived at Court this morning. He was seen by the Accused Asmal leaving for Court in a lorry this morning, before Asmal himself left for Court, and he hasn't arrived. I can only suggest, Sir, that he may also have had a breakdown of some description. I am afraid I can't throw any further light on his position. BY MR. LIEBENBERG; Your Worship, in regard to Accused No. 50, Suliman Nathie, I would suggest that the matter stand over until eleven o'clock. BY THE COURT: eleven. Yes, the matter could be mentioned again at MR, COAKER ADVISES THE COURT THAT SULIMAN NATHIE IS NOW IN COURT. HE WAS DELAYED BY A PUNCTURE. THE CROWN CALLS; DANIEL MADYUTA, Sworn States; INTERPRETER; E. MAZWAI- SESUTO/ENGLISH. EXAMINED BY MR. LIEBENBERG; Nov/, will you continue reading from your notes where you stopped yesterday afternoon? "These teachers who are employed by Verwoerd are going to be realised at any time. You must listen to what women say at conference in Durban, They say you Malan and Strijdom if you interfere with us you will get us. This education is to teach our children that their fathers are inferior people and to teach them that when they are sent for wood say "Yes, boss! Yes,nonniei I want the parents to raise the left hands those who want - this -

36 this poison education and no one raised. Now, Africans,it shows that this thing has oppressed your minds. As from the 1st April no child is to go to school. That Monkey who forbidden our children from getting education will be ashamed. We are not against the Europeans but our oppressors. By the way, Verwoerd is an Afrikaner and he is the name which they stole from us and they are the people who are not satisfied with any Government and we have learnt that they are the Voortrekkers because when they are oppressed they trek forward and I don't know where are they trek to because in Holland they were chased because of they are thieves. I will say to the teachers who are here to teach our children the right education but not this slave education. We want the education so that everybody must be enlightened and know how to work. I have three children and I will teach them the education which I have. All parents know that from the 1st April children are not going to school. Everybody, teachers, ministers, must keep the children from school because there will be a big board written "Poison". " Now, I will proceed with the CHAIRMAN: Motseles- " He was the Chairman at this meeting? "You have heard my speaker speaking about the Bantu Education, and those who are going to shoot our people in Western Areas. _ 11 - It is going to be the history of the Nationalist Government. Now we are coming to the conclusion of our day's work. we are here we are the kings because we are guarded by the When Plying Squad and those Police are also oppressed because they are asrfch us here and Strijdom and Swarts are sitting drinking tea with their children. The fight is on. Give us money for buying ammunition so that we can fight our oppressors. Parents of''children, remember they~lire~liot~~going^o schoott" We want to show the world that April 1st we are not going to allow the poison of Verwoerd and Swarts clique come forward to - destroy -

37 destroy the words of oppression; the Churches are moving except the Dutch Reformed which is prepared to give our children poison, and our Africans must get out of this Dutch Reformed Church. After the defeat of Africans at Blood River, they call together and reform their Church and this Church to us is a Hell. What I want from you we want freedom volunteers to go at the plattelands and preach the gospel of African National Congress. have called Malan on the first conference of the people and he didn't come because he was afraid and now we want Strijdom to come to the people's conference." That is the end. None of the speakers at this meeting is amongst the Accused before the Court? No. (No further questions,) CROSS-EXAMINATION RESERVED: (Notes handed in G.92; Report G.93.) PHILLIP msokanye, duly sworn. (Sesutu/English - Mazwai.) EXAMINED BY P.P. (MR. LIEBENBERG); You have already given evidence in this case? I have. Are you a native detective in the S.A.Police attached to the Security Branch stationed in Johannesburg? That is correct. On 30/1/55 did you attend a meeting of the African / National Congress that was held at the Kliptown Football 1 Grounds? That is correct. Did you make notes of speeches made at this meeting? I did. Were these notes checked by yourself in the presence of a representative of the Crown and the Defence, yesterday or the day before? That is correct. And have you the corrected transcript of your notes

38 in front of you now? I have. Will you refer to that corrected transcript and say who the chairman was? I did not know him. Who was the chairman? I did not know the chairman, I only knew the speakers. Did you not record who the chairman was in those notes? No. V/ho was the first speaker? It was the chairman, then an Indian male Moolla. Have you your original notes in front of you? Please refer to those notes; there seems to he some difference did you record in your notes who the chairman was? I only wrote 'chairman' hut I did not write who the chairman was. Who did you record was the first speaker? Moolla. His Christian name? Moosa Moolla. To save time, will you read what you recorded the Chairman's speech to he? Meeting started at p.m. to 3 p.m. The Chairman said; (Reads from G.95.) And you say the first speaker was Moolla? Will you read the first portion of his speech? (Witness reads from G.95s I am sorry... organised.") Did you record the name of the second speaker? Daniels. (Witness reads from G.95; "On "behalf of " Who was the third speaker? Ruth Motsoane. (Reads; I am here today Bantu Education.) Please omit the remaining portion of the speech on page 3, proceed to page 4, and read from about the 10th line on page 4:? (Witness reads: "Are you going to allow organise.) That is sufficient. Who was the speaker after this

39 one? Obed Motsabi. (Reads speech; "I do not touch Meadowlands.") (Bertha Mkizi now in Court explanation accepted.) Who was the speaker after Motsabi? Moosa Moolla again. (Reads speech; "I hope most of you...) (Resolutions: "This meeting ") Now the speakers that you mentioned, Moolla and Motsabi are they amongst the Accused before the Court? I know Motsabi, and Moosa Moolla are here. Do you know whether they are amongst the Accused? Yes, I can see Moosa Moolla from here. And Motsabi, is he here too it doesn't matter whether you can see him; do you know whether he is one of the Accused? Yes, I know that he is one of the Accused. (Moolla No. 44, Motsabi 47.) (No further questions) (Notes handed in as G.94 and Transcript G.95.) CROSS-EXAMINED BY MR. COAKER; I take it you have attended a great number of meetings? That is correct. Apart from what you have written in your notes, you can't remember anything about this particular meeting, can you? No. You have nothing in your notes which suggests that this was -a meeting of the African National Congress look at your original notes, please? No. And in fact were there persons at the meeting who described it as a meeting held under the auspices of the Congress of the People? Yes, that is what was said. DISCUSSION jbetweiin MAGISTRATE AND MR. COAKER:

40 CROSS-EXAMINATION BY MR. COAKER CONTD.:' Will you read again the first sentence of the resolution that was read at the end of the meeting:? "This mass meeting of the residents of Kliptown held under the auspices of the Congress of the People strongly opposes " That will do. How long have you known Moosa Moolla? I think as from late And this meeting was held in January 1955? So at that time you did not know Moosa Moolla particularly well? I knew him "but not very well. How many persons "by the name of Moolla do you know? I only know Moosa Moolla. So that if you heard a person described as Mr. Moolla you would be inclined to conclude that it was Moosa Moolla? If I knew the person to be him I would say 'yes' but if not I would say 'no.' Is it possible that you made a mistake on this occasion? No. You are not certain of that? It is because I don't understand the question. The question is very simple are you quite certain that you could not have been mistaken about the person whom you have described as Moosa Moolla having spoken at this meeting? No, I'm not making any mistake. Did you know at that time that his name was Moosa Moolla? I knew him to be Dr. Moolla. You didn't know that his name was Moosa Moolla? No, I did not know it then. Do you know_dr. Moosa? I do. Was there any confusion in your mind between Dr. Moolla and Dr. Moosa? No.

41 I formally put it to you that the speaker that you have described in your notes as Moosa Moolla was not Moosa Moolla? I say it was, (No further questions,) MR. SLOVO ; NO QUESTIONS; RE-EXAMINED BY P.P.: (MR. LIEBENBERG) I want to clear up this question of by whom the meeting was held. What did the Chairman say in his opening remarks:? The Chairman said "Meeting of the Congress of the People, i The chairman said that was a meeting of the Congress of the. People, and the resolutions confirm.that? r (No further questions) JOHN TABETHA, duly sworn, (Zulu/English - Mazwai.) EXAMINED BY P.P. (MR. LIEBENBERG). Are you a native detective sergeant in the S,A.Police attached to the Security Branch and stationed in Johannesburg? I am. Did you attend a meeting of the African National Congress held at Moroka East, on 6/2/55, i.e. in Jabavu? I did. Did you make notes of speeches made by various speakers at this meeting? I did. Have you those notes before you? Did you check these notes with a typewritten transcript of them yesterday in the presence of representatives of the Crown and the Defence? I did. And was this transcript then corrected? Will you refer to this transcript and read the opening remarks of the Chairman who was the chairman? Malele. What is his Christian name? Elman.

42 Will you read his opening remarks? (Witness reads from G,97; "We all meet here Malinga." J. Ngwenya witness reads; " I think you all heard... Moroka.) Who was the next speaker? Manele. That is not the chairman? No. Please read the last sentence of his speech, appearing on page 3:? "Why can't we stop Sophiatown "being moved "by City Council and Government " Who was the speaker on page 4? John Langene. And after Langene? B. Motsegere f And after him, on page 5? Poo. (Witness reads speech of Poo: "I am the chief volunteer...afrikai) Of the speakers who addressed this meeting, can you say whether the following are before the Court amongst the Accused: P. Malele and J. Poo. BY THE COURT: Poo's initial was not mentioned; do you know what Poo's initials are, or his Christian name? Yes, Jacob Poo. EXAMINATION BY P.P. CONTD.; Is he amongst the Accused? (No. 59-) Is Malele one of the Accused? (No. 30.) I see on page 3 of this transcript appears the name of Siyape; is he not an Accused? Not one of the Accused. The spelling here is wrong; it should read Seabe. (No further questions.) (Notes handed in as G.96; Transcript G.97.) NO CROSS-EXAMINATION: PHILLIP MASAKANYE, duly sworn. (recalled) CROSS-EXAMINED BY MR. COAKER: You gave evidence a short while ago about a meeting on the 30/1/55, at which you stated that one of the speakers

43 was Moosa Moolla? The first time you wrote the name of Moolla in your notes, you described him as Indian male, Moolla, did you not? You didn't describe him as either Dr. Mooolla, or Moosa Moolla? I did not. You referred to him again later on in your notes, on page 40, of your notebook; will you look at page 40 please? Do you see that you have there described him as Moosa Moolla, you wrote both words? You wrote in the word 'Moosa' afterwards, didn't you? Because it is written in the margin of your book and there is not another single word throughout the whole of that book that appears in the margin? That is so. (No further questions) BY THE OOURT; Perhaps the witness can explain why the name 'Moosa' was only written in afterwards? explained, that I knew him not very well; As I have already whilst I was writing I then remembered that he was Moosa Moolla. I had known him all along as Dr. Moolla. RE-EXAMINED BY P.P. (Notes and transcript handed to P.P.) I omitted to put something to this witness; this doesn't really arise from cross-examination, but at this meeting that was held at Kliptown on 30/1/55, was there a pamphlet distributed entitled "This Call to the Congress of the People"?? I did. Is this the pamphlet? (G.98.) Did you get a copy of it at the time of the meeting

44 Did you make this endorsement on the pamphlet: "Distributed at meeting "by unknown native male, 30/1/55" and then you signed it? I did. (No further questions) JOSEPH NYATHI, duly sworn, (Zulu/English - Mazwai) EXAMINED BY P.P. (MR. LIEBENBERG) Are you a native detective constable in the S.A. Police? That is correct. Where are you stationed? Newlands, Johannesburg. During 1955 were you attached to the Security Branch? No. Was it part of your duty to attend meetings? Were you then stationed at Newlands? I was. Was it part of your duty to submit reports on meetings? It was. On 23/3/55, did you attend a meeting of the African National Congress that was held in the Communal Hall in the Western Native Township? I did. Was this meeting held in the day-time or the evening? The evening. Did you make notes at the time of the meeting? No. What did you do? I only listened. After the meeting did you prepare a report? I did. Have you that report before you now? I have. That is correct. I see it is dated 24/3/55 at 1 p.m., Newlands? Is that the time that you prepared this report? Yes, Was your report checked by yourself in the presence of representatives of the Crown and the Defence? Have you the corrected transcript before you now? I have it.

45 Did you record what the subjects or discussion at this meeting were? I didj What were they? Bantu Education and Congress of the People. Who were the speakers? The speakers were Mfeka and Mtwana. Male or female? Female. What is her name, her Christian name? I don't know it. How did you describe her in your report? "The Congress of the People, Mrs. Mtwana " (Reads from G,100) was Mvundla. Who was the chairman of this meeting? The chairman Do you know whether this person Mtwana is amongst the Accused before the Court? Do you know her? I do not know. No. Would you be able to identify her? No. BY THE COURT; Where did you get her name from? I heard the chairman say it. (No further questions) (Report handed in G.99; Transcript G.100.) NO CROSS-EXAMINATION;

46 JOSIEL MAKOENA, duly sworn, (Sesutu/English - Mazwai) EXAMINED BY P.P. (MR. LIEBENBERG) Are you a native detective constable in the S.A. Police, attached to the Security Branch? Yes, Stationed in Johannesburg? On 10/4/55 did you attend a meeting of the African National Congress held at Dube Square, in the native township of Dube, Johannesburg? I did. At this meeting was there distributed a notice which you see now or where did you get that notice from? I found it in my house; I think it was put into the house during the evening. When did you find it, before the meeting, or at the meeting, or where? Before the meeting. That is correct. Does that notice advertise the meeting of 10/4/55? Meeting of the African National Congress, Dube Branch, to be held at a square behind Dube-Dube store? Did you make notes of speeches delivered at this meeting? I did. Have you those notes before you now? Did you check your notes yesterday in the presence of a representative of the Crown and one of the Defence with a typewritten transcript of the notes? I did. That is correct. Were certain corrections made to the transcript? Will you refer to the transcript and read the opening remarks of the chairman? Charlie Chsneoane, the Chairman? not speak. Did the chairman not speak before Xaba? He did The first speaker was? Xaba. He opened the meeting and said; (Witness reads from G.103: "We are going

47 Bantu Education." Selepe's speech "I am from Alexandra... "boycott it altogether." Xa"ba spoke again: "I abide with Congress police." The next speaker was L. Masina: "Come forward education is good." Omit the remaining speeches, and turn to page 5 of the transcript. Who is the speaker whose speech continues on page 5? L. Nkosi. No, the top of page 5, is that an unknown person? Langane. Unknown speaker. Whose speech continues on page 5 from page 4? Will you read what appears at the top of page 5? Witness reads? "The very same people Who was the next speaker? L. Nkosi. Bantu Education." Who was the speaker after him? Xa"ba. (Witness reads: "Pass a resolution at Kliptown." Of the speakers who addressed this meeting, are the following amongst the Accused before the Court : Selepe? (No. 66.). Masina? (34.) L. Nkosi? (55.) (No further questions) (Handed ins Notice, G.101; Notes G.102; Transcript G.103.) CROSS-EXAMINED BY MR. SLOVO: What standard of education did you pass? Std. 8. Do you consider yourself a person who is competent to give a true rendering of a speech in the English language? I do try. I'm not asking you whether you try; I want to know whether you consider yourself BY THE COURT: It is rather a difficult question for any per-

48 son to give an expression of his own ability that is what it really amounts to. CROSS-EXAMINATION BY MR. SLOVO CONTD.; Do you feel that you are competent? I would not say that because that is not my language. I put it to you that you are wholly incompetent in giving a picture of what a speaker said in the English language? That is what you say, but I do not know. You will agree with me that a lot of what is said in these speeches just doesn't make sense? I do not know, that is what you say. I will put a couple of things to you then, see if they make sense to you. This is what you have written in your notes in your report of what Selepe said; "You police I can assure you that your life is always limenates. The A.N.C. has came." What does the word 'limenates' mean? BY THE P.P.; With respect, the witness when he gave evidence said 'limited' there. BY MR. SLOVO; The witness was reading from the transcript, and this is an agreed version of the transcript which was checked as against the original notes. He was not reading from his original notes, and if the witness wishes to check on his original notes, we'll discover whether BY THE COURT; Well, let the witness explain what do you mean by that word? I made a mistake in the spelling; when we take down these notes we are always in a hurry. CROSS-EXAMINATION BY MR. SLOVO CONTD.; How should this word have been spelt have a look at your notes, the transcript? I should have written here 'limits. 1 Spell that? i nill _ ' 1-i-m-e-t-e."

49 BY THE COURT % Is that how you wrote it out? No. How did you write it out? 1 1-i-m-e-n-a-t-e-s.' CROSS-EXAMINATION BY MR. SLQVO CQNID.; Again look at the first page, somewhere towards the middle of Xaba's speech. The sentence commencing "That is not true? what they want is only that we must he the slaveries until the last future."? "That is not true; what they want is only that we "be their slaves until the last future." How do you spell 'slaves'? 1 S-l-a-v-e-r-i-e-s.' Is that how you spell the word 'slaves'? No, I made a mistake. What does this phrase mean, that we shall he their slaveries until the last future? What he meant was that the Europeans want that they should he their slaves until the end. What words did the speaker use? BY THE COURT; Was this a speech delivered in English? ' In Sesuto. CROSS-EXAMINED BY MR. SLQVO(CONTD.;) And were you the person who translated the Sesuto into English, or was it somebody else? And you did it as the speaker was speaking? When a person speaks you try to write what he, the speaker, says. And you wrote it, simultaneously with his speech, you wrote down the English? That is so. Turn to the very last page, the portion dealing with the resolution, right at the end, headed "Xaha. Passed resolutions that (1) this meeting of Dube called by A.N.C. on (a) this slave education resigned he rejected." Is that correct? Would you just read it, because you seem to read English slightly different to the way I read it? "Passed resolution that this meeting of Dube called by A.N.C. on (a) this slave education resigned be rejected."

50 Do you know what the word 'resigned' means? Yes, I know the meaning. What does it mean? I'll give an example, when you have signed a contract or made a certain agreement, and when you want to leave off, then you have resigned. What does this word 'resign' mean in this context? This was a mistake. What did you intend to convey? I meant to say: "This slave education signed Toy Verwoerd should "be rejected." Have you any recollection apart from your notes as to what was said by the speakers at this meeting? No, it is a long time ago, I only write down what I hear them say, But you didn't hear them say the word 'resigned' did you? They meant 'signed' but I made a mistake and wrote 'resigned', You've told His Worship a moment ago that you have no recollection apart from your notes of what was said at the meeting, so how can you say now what they meant? It is possible to make a mistake because when they read out the resolution they read it out fast and there is no interpreter, I can understand that; I can understand that half the stuff which you write down is not a correct reflection of what is said because of the difficulties. But all I am asking you now is why you are prepared to give an explanation as to what the speaker meant when he used the words 'resigned' as contained in your notes, when you have already told His Worship that apart from your notes, you have no recollection of what the speaker said? After you have taken the notes, we never check these notes and to correct the mistakes that you might have done in writing. BY THE COURT: Nov; you say the word ought to read 'signed 1 ' but

51 you may lie mistaken about that? That is correct. CROSS-EXAMINATION BY MR. SLOVO CONTD.; Is it possible that you may be mistaken about a lot of things that you wrote down in these notes? Yaa r it is possible; there is nobody who knows English. That we've discovered, yes? Natives especially. BY THE COURT: How do you mean there is nobody who knows English; who are you referring to? I should have mistakes like this and in spelling as well. CROSS-EXAMINATION BY MR. SLOVO CONTD.: You mean that people make spelling mistakes? Especially grammar. Grammar, spelling, don't understand certain words would you include that? No, you can make a mistake in writing out a word. It may be the word was used in its past tense and you write it out in its present "tense. Now, I'm not blaming you; you've already told His Worship that you're not very happy about your English? But you have been called here to give evidence about what speakers said, have you not? And I am putting it to you that in view of your weakness in the English language, in view of the difficulties of recording and in view of other factors, what you have down here you cannot say with certainty is a correct reflection of what any of the speakers said? Yes, this is what they said. That is the way in which I have recorded it. And there is no possibility of your having made any mistakes in the sense of what they said? No, these people speak in Sesuto. It is just like this, if two people go to attend one meeting, and both take notes at the same time of the same meeting, their notes will not correspond.

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