10821. · r 10822 (a.j kruger) . . a lordship will remember that some admission wers e read in...

10821. (A.J. KRUGER) (X. 31)

N.T. NAICKER. N.I.C. 128, N.T.N. 35(11). B. NAIR. B.N. 10, D.A.S. 34, E. 131, N.T.N. 35.

D.A. SEEDAT. E. 48, 88, D.A.S. 3, N.T.N. 35. J.H. SIMELANB. S.S. 16(N), A. 25, 24(2), 124, P.D.N. 152, O.R.T. 76, I.H.S. 41. M. B. YENGWA. S.D. (N). 63. DR. A. E. LETELE. A. 64.

BYMR. TRENGCVE : Mr. Kruger, you were in charge of the Exhibits

in this case at the Ireparatory Examination and you have also been in charge of the Exhibits in this case? Yes.

And the Exhibit numbers which are set forth in respect of the documents on this Exhibit X. 31, are they the same Exhibit numbers which the particular document

had at the Preparatory Examination? That is so, My Lord.

"nd they are the same documents? They are, My Lord.

You hand in X. 31? Yes, My Lord. Then My Lords, there is the further matter of

admissions. The Court asks leave to rely - the Crown asks leave to rely on the admissions relating to the date and places where documents were found on a number of occasions. My Lords, I have prepared a schedule. Your

r 10822. (A.J. KRUGER) A

Lordship will remember that some admissions were read in during the course of this trial. There was a general admission made "by the Defence at pages 1389 to 1401 in relation to the possession of documents. Then as documents were handed in, specific admissions were made in respect of specific searches. Some of those have already been read into the record, others havenot. My Lords, the Crown, in terms of Section 284, also seeks to rely on those admissions. My Lords, I have prepared a schedule, relating to these admissions, and it may assist the Court if I hand Your Lordships a copy. Your Lordship will remember that this Court has already given a ruling that these admissions could be proved. Your Lordship will find on this list that the first the first person to whom an admission refers... BY MR. KENTRIDGE s

My Lord, as far as we are concerned, it can be taken as read on the same conditions, subject to any corrections. It is in the Preparatory Record. BY MR. TEENGOVE :

I am indebted to my learned friend. There is just this one difficulty. Your Lordships, if Your Lord-ships look at the list, Your Lordship will see that a specific admission is made at a certain page in the Preparatory Examination Record. Now of course that doesn't in all cases amount to an unqualified admission. If we could arrange with my learned friend that the por-tions where the admissions are made in the Preparatory Examination, that they be typed into this record, so that the information contained in this schedule just refers to it. This Schedule will be marked X. 32. BY MR. JUSTICE ECJMIFF :

Yes, that will have to be done.

m 10823. (X. 32)

GENERAL ADMISSION. (Page 1390 of I.E. Record). "BY MR. COAKER :

May it please Your Worship. The agreement hetween the Crown and the Defence to enable these docu-ments to go in speedily to save time and expense, is that 5 the Defence is prepared to make certain admissions of the bare facts, which the witnesses would in any event testi-fy to, if they were present in Court; in other words,

w the Defence will admit in each instance that certain

documents which are now handed in were taken from a cer- 10 tain place on a certain day "by a certain person, whether or not the Accused was present at the time5 whether or not the premises concerned are occupied by the Accused, as the home, or office, or any other way, and the defence will consent to the handing in of those documents and exhibits? 15

the Defence will reserve the right to cross-examine the searcher in any case where the Defence thinks fit, on giving due notice to the Crown. It will also reserve the right to contest at a later stage the admissibility

„ of any documents so handed in against any of the 20

Accused, and it will also reserve the right to contest any other facts other than the bare facts submitted, e.g. the right to contest the ownership or possession of the document by the Accused, or to lead evidence to explain ownership or possession of such document, or the 25 presence of a document at the place where it was found. Naturally, I suppose, the Crown will also have the right in the event of any matter being contested to call evidence, or in any case where the Crown thinks fit to call the

y" v witnesses rather than resort to this procedure." 30

10824.

D.C. THOMPSON. DOT. 10-321. (I.E. RECORD 1401-3) (RECORD 2718-52)

BY THE P.I, s "I new hand in the balance of the documents,

DCT. 10 to DOT. 321, with the following omissions : DOT. 44, 46, 47, 50 to 57, 87 to 98 inclusive, 100, 108, 118, 122, 124, 126 to 130 inclusive, 167, 176, 180, 181, and 207 to 225 inclusive. "

"In this instance, the witness has testified to the fact that these documents wore found at the house - if I remember correctly - of the Lev. Thompson, and in his presence. This is only one search, on the 5th December." BY ME. CCAKER :

The Defence admits on behalf of the Rev. Thompson that on the date and place, to which the witness has already testified, and in the presence of the accused, these documents were taken by the witness, and that these documents which are now handed in, are the documents vhich were taken by that witness. As I have already indicated, the Defence makes certain reservations to which I need not refer again.

A. CHAMILE. AAC.1-32 (P.3. RECORD 1403. RECORD 3097) BY THE P.P. s

The next is Andries Chamile, Accused No. 8. On 5/12/56, the room of Andrew Chamile at 69 Meyer Avenue, Newclare, was searched by Det. Sgt. Schutte, of the Doornfontein Iolice, and in the presence of Andries Chamile, the documents now handed in l.AAC 1 to 32, were seized.

1082 5.

BY MR. COAKER: With regard to these documents AAC. 1 to

32, the Defence makes a similar admission, with similar reservations.

L. LEVY. X»L. 2-11. I.E. Record 1403. Record 4570. BY THE I. P. 5

I then hand in documents LL.2 to LL.12; these were t$ken from the Accused No. 20, Leon Levy, at the Conference of the Congress of the People at Kliptown, on 26/6/1955 "by Det. Sgt. Sauerman. He is now a Det. Hd. Constable, at Cape Town. LL. 12 is emitted. BY MR. COAKER ;

In regard to these documents, the Defence admits that these documents were taken from Accused No. 20 at Kliptown, Congress of the People, on 26/6/1955, and makes similar reservations.

I. NTHITHE. P.P.N. 1-25. I.E. Record 1404. Record 4132. BY THE P.P. s

The next Accused is No. 57, Peter Nthithe. On 27/9/1955, Det. Sgt. Burger, searched the house 98

Meyer Street, Sophiatown, where Accused No. 57 resides. The Accused Peter Nthithe was not present at the search. The documents are P.' .N. 1 to 25, with No. 21 omitted. BY MR. COAKER ;

With regard to the documents P.P.N. 1 - 25, the Defence admits on behalf of Accused No. 57 that on 27/9/55 the premises at 98 Meyer Street, Sophiatown were

10826.

searched by Det. Sgt. Burger5 that the Accused resides in those premises^ that in the absence of the Accused these documents were taken by Bet. Sgt. Burger, and that they are the documents which are now handed in. The Defence makes the same reservations.

P.I.N. 26-36. I.E. Record 1404-5. Record 3275. BY THJ r.r. ;

I refer now to the same Accused, P.I. Nthithe, Accused No. 57. On 5/12/1956, Det. Sgt. Broodryk of Beaidenhout Valley, searched a room at 61 Toby Street, Sophiatown, which is occupied by the Accused and his wife, and the Accused was present when the room was searched. Documents P.I.N. 26 to P.i.N. 36 were seized. BY MR. OCAKER 5

With regard to these documents, I.P.N. 26 to P.P.N. 36 the Defence makes a similar admission, and similar reservations0, save that in this instance, the documents were taken in the presence of the Accused.

Ft. TUNZI. R.T. 1 - 23. P.J3. Record 1406-7. Record -BY THE I.P. s

The next is Accused No. 76, R. Tunzi, and on 13/12/1956, Det. Sgt. Roelvert, of The Grays, Johannesburg, searched the house of Robertson Tunzi, Accused No. 76, at No. 1214 Kanyile Street, Western Native Township -it might be Kangile Street - and in the presence of the Accused seized documents RT. 1 to 23. BY MR. CO A P R s

With regard to the documents RT. 1 - RT. 23, the Defence admits the facts as set out by my learned

10827.

friend, with the sane reservations. t "

RT. 24-28. P. 3. Record 1407. Record 3096. BY THE P.P. s

The same Accused; On 26/6/1955, at the Congress of the People at Kliptown, Det. Sgt. Van Wyngaardt, of the S.A. Police, at Randfbntein, searched the Accused Robertson Tunzi, No. 76, and seized documents RT. 24-28. BY MR. COiiKER s

The Defence makes a similar admission with similar reservations.

H. TSHABALALA. HT. 1-15. P.E. RScord 1423-4 Record 4130. BY THE i.i. i

The next person we are dealing with is Henry Tshabalala, Accused No. 77. On 27/9/1955, Det. Sgt. Burger, of the S.A. Police, Albcrton, searched the house of Accused No. 77, at 46 Willy Street, Sophiatown. The Accused was not present, and the documents now handed in w.re seized under the authority of a search warrant. They are numbered HT. 1 to HT. 15. BY MR. CQ.lIKER :

In this instance also the Defence makes an admission in similar terms with regard to the facts set out by my learned friend, and with similar reservations.

W. SISULU. WS. 1-17. P.E. Record 1432-3 Record. -BY THE P.l. ;

The next is W.M. Sisulu, Accused No. 70.

10828.

On 27/9/1955 Det. Sgt. Roelvert, of the S.A. lolice,

Johannesburg, searched the house, the dwelling-house of ,'.M. Sisulu, Accused No. 70^ at 7372 Orlando, under the authority of a search warrant. Accused Sisulu was

present, and the articles seized - some were found in his own room, and some in the room of a person who slept there, Jerry Matola, "but the documents which are handed in, were all claimed "by Sisulu as his. The documents which were not claimed by him will be included amongst those which are omitted. The documents are numbered WS. 1 to 17. The following numbers are being omitted s WS. 3 to 6, 8 to 11, 13 to 17.

BY MR. COAKER : §At page 1637)of I.E. Record) In that case the Defence admits that on 27/9/1955

Det. Sgt. Roelvert of the S.A. Police, searched No. 7372 Orlando, which is the house of the Accused who was present, and seized some articles there, and also some articles in the room of one Mathole, of which the arti-cles handed in were claimed by Sisulu. BY THE P.P. s (At page 1433 of I.E. record) (Record 2826) WS. 33 to 53 is the next section. Det. Sgt. Lawrence, searched the house of the Accused at 7372 Orlando, Johan-nesburg, on 5/12/1956 in the absence of Sisulu, but in the presence of his wife, and removed documents WS. 33 to 53- The omissions are WS. 36 to 39, 41, 43, and 50 to 53. BY MR. COAKER : (At page 1638 of P.E. Record) (Record 2826)

The Defence admits the facts...as they were set out by my learned friend... with regard to the search on 5/12/56, in the absence of the Accused at 7372 at Orlando by Det. Sgt. Lawrence.

10829.

BY THE P.I, i W.S. 57-97. F.E. Record pag-s 1434 and 1638.

Record page 2955e On 27/9/1955, Det. Sgt. J.L. Venter, of the

S.A. Police, Norwood, searched the office of W.M. Sisulu Accused No. 70, at Mylor House 15, 114 Jeppe Street, Johannesburg, under the authority of a search warrant, and documents WS. 59 to 97 were seized, in the absence of the Accused. The following numbers are being omitted s 65, 87, 88, 90, 92, 94, and 95. BY MR. COAKER :

The Defence admits the facts set out by my learned friend also in regard to the further search on 27/9/55 by Det. Sgt. Venter.

F. CARNESON. FSC. 1 - 4 . P.E. Record 1446. Record 4529. BY THE I.I. ?

The next is Accused No. 81, Fred Carneson, who was searched on three occasions, the first search being on 27/9/1955, and it was conducted by Det. Sgt. J.H. Vlok of the S.A. Police, Cape Town, at the residence of the Accused, at "The Briars", Rembrandt Road, Clare-mont, in the presence of the Accused and documents marked FSC. 1 to 4 were seized.

FSC. 5 - 9 . P.E. Record 1446. Record 4529. The second search took place on 27/9/1955,

by Det. Hd. Constable J.J. Scholtz, at that time stationed in Cape Town Central, and the search was conducted at the premises of "New Age" of 6, Barrack Street, Cape Town, and also in the presence of the Accused documents

10830.

FSC. 5 to 9 were taken possession of.

FSG. 10-18. P.E. Record 1446. Record 4529. The last search was on 5/12/1956, and it was

conducted by Det. Sgt. Vlok of the S.A. Tolice, Cape Town, at the residence of the Accused at "Sophries", Irotea Road, Newlands, Cape, and this search was in the presence of the accused, and documents now handed in as FSC. 10-18 were searched. BY MR. COAKER :

The Defence admits the facts as set out by my learned friend in regard to these three searches, but does not admit in any instance that the Accused is the sole occupant of the premises referred to, and the Defence makes the usual reservations.

1.0. HORWITZ. I.H. 1 - 24. T.E. Record 1448. Record 4507-10. I.H. 25 - 29. I.E. Record 1449-BY THE r .r. s

I then come to 1.0. Horwitz, Accused No. 84. He was searched for the first time on 27/9/1955, by Det. Sgt. D.J. Huggett, at his residence at 24 Lancaster Road, Mowbray. I am unable to say whether it was in his presence or not. The documents now handed in as I.H. 1 to 24 were then taken possession of.

The next search took place on 5/12/1956, conducted by Det. Sgt. J.G. Marais of the S.A. Police Cape Town, at the residence of the Accused at 24 Lancaster Load, Mowbray, in the presence of the Accused, when docu-ments IH. 25 to 29 were seized.

10831.

BY MR. COAKER : The Defence admits the facts as set out by my

learned friend, with regard to both these searches.

D. MGUGUNYEKA ; DM. 1 - 36. I.E. Record 1462-63. Record 4497-4 503. BY THE I-.r. :

The next is David Mgugunyeka, Accused No. 87. He was searched on 5/12/1956 by Det. Const. K.T. de Wit of the S.A. Police, Cape Town, at his residence at 15, Mvambo Street, Langa, Cape Town. Th~ house was searched in his presence, and documents now being handed in as DM. 1 to 36 were seized. Of these I am omitting DM. 3 and DM. 9. BY MR. CCAKEE 5

The Defence admits that the documents DM. 1 to 36 were found by Det. Const, de Wet at 50 Mvambo Street, Langa, Cape Town, on 5/13/1956, and the search was conducted in the presence of the Accused and that the Accused was oneof the occupants of those premises.

J. M0R0L0NG. 3JM.1-16. P.E. Record 1463-64. Record 4493. BY THE I.P. ;

Mr. Joseph Morolong, Accused No. 88. He was searched on 27/9/1955, at his residence at 131 Caledon Street, Cape Town, by Det. Sgt. I.J. Nothnagel of the S.A. Police, Cape Town, and it was in his presence. The following documents were taken, which are now handed in as 3.J.M.(CT). 1 to 16.

10832.

3.J.M. 17-29. F.is. Record 1463. Record 4495. BY THE J. . i . s

On 5/12/1956 he was again searched in his presence at 131 Oaledon Street, Gape Town, "by Det. Hd. Const. S.F. Buchner of the S.A.Folice, Cape Town, and documents which aie now "being handed in as 3«J.M.(CT) 17 to 29 were seized. BY MR. COAKERs

The Defence admits that on these two dates the documents referred to by my learned friend were taken from the premises at 131 Caledon Street, Cape Town, in the presence of the Accused, and that he inter alia is an occupant of those premises.

J. MTINI. 5.J.M. 1-16. F.E. Record 1465-66. Record 4504. BY THE P.F. s

The next is John Mtini, Accused No. 91. He was searched on 27/9/1955 by Det. Sgt. SIS. du Toit, of the S.A.Folice, Goodwood, at his residence which is at 57, 15th Avenue, Elsies River, in his presence, when documents now being handed in as 5.J.M. 1 to 16 were seized from him. Of these No. 14 is being omitted.

5.J.M. 17-21. I.E. Record 1466. Record 4506. On the 5/12/1956, the Accused was again

searched at 751, 15th A'venue, Elsies 7tiver, in the Bell-ville District, by Det. Hd. Constable G.J. van der Merwe of the S.A. lolice, stationed at Farow, ajain in his presence, when documents now handed in as 5.J.M. 17 to 21 were seized.

10833.

BY ME. COAKER : The Defence admits that on 27/9/55 the

search was conducted by Det. Sgt. S.3. du Toit at 57 15th Avenue, Elsies River, in the presence of the Accused, when documents 5.J.M. 1 to 16 were seized; and that in a further search on 5/12/56, the same premises by Det. Hd. Constable van der Merwe, the documents 5.J.M. 17 to 21 were seized. The Accused is one of the occupants of those premises.

G. PEAKE. G.I. 1 - 7 . I.E. Record 1470-72 Record. 4511. BY THE P.I. :

The next one is George Peake, Accused No. 93. He was searched on 27/9/1955, by Det. Hd. Constable D.S. Mai an of the S..u. Police, Woodstock and the search was conducted at the residence of the Accused at 18 Victoria Road, Woodstock, in the pres^nc; of the Accused, and documents now being handed in as G.P. 1 to 7 were seized. BY MR. COAKER :

With regard to Accused No. 93? the Defence admits that the premises referred to by my learned friend were searched by Det. Const. Malan on 27/9/1955 and that the Accused was an occupant of those premises, and the documents G.P. 1 to 7 were seized.

R. SEPTEMBER. RSS. 1 - 12. I.E. Record 1472-73. R-cord 4537. BY THE P.P. :

The next is Reginald September, Accused No. 95.

10834.

On 27/9/1955, Det. Sgt. S.H. White of the S.A. Police, Cape Town, searched the house of Reginald September at 35 Ravenscraig Road, Woodstock, in his presence, and documents now handed in as RSS. 1 to 12 were taken from him. RSS. 5 is omitted. BY MR. OOAKER :

The Defence admits that on 27/9/1955 and .... Det. Sgt. S.H. White searched the house of which the Accused is one of the occupants at 35 Ravenscraig Road, Woodstock, and.... took the documents RSS. 1 to 12.... (Similar reservations made).

B. TUROK. BT. 1-53. P.E. Record 1474-86. Record 4558. B.T. 54-56 I.E. Record 1474-86 Record 4558. BY THE P.P. :

The next Accused is Benjamin Eurok, Accused No. 97. On 26/6/1955, the Accused was searched at Kliptown, by Det. Hd. Constable J.L. Vermaak of the S.A. Police, Pretoria, and documents now handed in as BT. 54 to 56 were removed from him.

The second search was on 5/12/1956, Det. Sgt. J.M. Bester of the S.A. Police, Cape Town, searched the premises at Grove Road, Rondebosch, and removed docu-ments now handed in as BT. 1 to 53. The search was conducted in the presence of the Accused. BY MR. COAKER :

With regard to the searches of Accused No. 97 the Defence admits the facts set out by my learned friend.

10835.

L. FCRMAN. LSF. 1 - 7 l.S. Record 1548-49 Record 4531. LSF. 8 - 1 3 F.E. Record 1549-50 Record 4533. LSF. 14-20 P.E. Record 1549-50 Record 4533.

BY THE I.i. : The next is Lionel Forman, Accused No. 83.

On 27/9/1955, his house at Pelendaba, Colenso Road, New-lands, Cape Town, was searched "by Det. Sgt. I.A. van Zyl of the S.A. Police, Cape Town. The search was in his presence, when documents now handed in as LSF. 1 to 7 were removed from his house.

On 5/12/1956 his house at Colenso Road, New-lands was searched "by Det. Sgt. J.A. Swanepoel in his presence, and documents now handed in as LSF. 8 to 20 were removed. BY MR. COAKER :

So far as the search on 5th December is con-cerned, the Defence admits the facts as set out by my learned friend; so far as the search on 27th September is concerned, the Defence admits those facts, save that the search was conducted in the presence of the Accused.

J.G.- MATTHEWS. JGM. 1-10. I.E. Record 1505, 1541 . Record 4295-6. BY THE I.1. ?

The next is Joseph G. Matthews, Accused No. 108. On 27/9/55 his house at 61, Kwezi Street, New Brighton, Port Elizabeth, was searched in his presence, by Det. Hd. Constable J.A. van Eeden of the Korsten, Port Elizabeth, police, and the documents now handed in as JGM. 1 to 10 were seized.

10836.

BY MR. CCAKER s The Defence admits that on 27/9/1955 the

premises at 61 Xtati Street, New Brighton, w^re searched in the presence of the Accused by Det. Hd. Constable van Eeden of Korsten and that the documents numbered JGM. 1 to 11 now handed in were seized. I believe that my learned friend said that those premises were searched in the presence of the Accused. I don't think that that is admitted by the Defence, The Defence disputes that they were searched in his presence.

Z.K. MATTHEWS. ZKM. 1-33. I.E. Record 1524, 1541. Record 4456. BY THE r.r. :

The next is Z.K. Matthews, Accused No. 109. On 27/9/1955, his house at Gaga Street, Alice was searched by Sgt. W.H. Smith, of the S.A. Police, East London, in his presence and documents now handed in as ZKM. 1 to 33 were removed. As regards these documents, I would like to say that ZKM. 13 is being omitted, because that is the typed tfcopy made by the Crown of ZKM. 27. BY MR. COAKER s

The Defence admits in respect of these documents the particulars of the searches and the taking of the documents which are set out by my learned friend.

W. MATI. WWM. 1-17. F.E. Record 1541, 1543. Record 4275. BY THE 1.F. :

The next Accused is W. Mati, Accused No. 110. On 5/12/1956, Constable L. Fotgieter, S.A. Police, Fort

10837.

Elizabeth, searched the house of this Accused at 40 Yokwe Street, New Brighton, Port Elizabeth, in the presence of the Accused, and took possession of documents now handed in as WWM. 1 to 17. Of these I omit 1 and 15. BY MIt. COAKER :

The Defence admits the particulars of the search and taking of these documents as set out by my learned friend.

BY MR. COAKER s (At page 1543) With regard to the last Accused, No. 110,

W. Mati, I have just been informed that his house was searched in his absence; and not as my learned frieni said, in his presence; so that the Defence admits the facts set out by my learned friend, save that the Defence does not admit that the Accused No. 110 was present on the 5/12/1956. I wrongly made an admission there under a false impression and that has now been corrected. I understand that he was arrested at work on that day and was not at his house when it was searched.

V. MINI. V.M. 1 - 2 2 . I.E. Record 1543-46. Record 3983. V.M. 23-30 P.E. Record 1543-46. Record 3997. BY THE P.l . :

The next is Accused No. 114, V. Mini. On

27/9/1955, his house at 94 Connacher Street, New Brighton, Port Elizabeth, was searched by Det. Const. S.J. Malherbe

of the S.A. Police, Port Elizabeth in his absence, and

documents marked V.M. 1 to 22 were taken possession of in the presence of his wife.

On 5/12/1956 Det. Sgt. E. Erasmus of the S.A.

10838.

Police, Port Elizabeth, searched the house of the Accused at 94 Connacher Street, New Brighton, in the absence of the Accused, and took possession of documents now handed in as V.M. 23 to 30. BY ME. COAKER :

The Defence admits the particulars of these searches, and the taking of these documents as set out by my learned friend.

E. MFAXA. ELM. 1917 I.E. Record 1546. Record 3980. BY THE P.P. s

The next is Accused No. 115, E. Mfaxa. On 5/12/1956 Det. Sgt. J.D. Gerber of the S.A. Police, East London, searched the house of the Accused, at Stutter-he im, in his presence, and documents now handed in as ELM. 1 to 17 were seized. BY MR. COAKER s

The Defence admits the particulars of the search and the taking of these documents as set out by my learned friend.

T. TSHUME. TT. 1-24. I.E. Record 1555-6 Record. 3812-16. TT. 2 5-40 P.E. Record 1558-66 Record 4257-72. TT. 41-88 P.E. Record 1562-66 Record 3822-33. BY THE P.P. ;

The next Accused is T. Tshume, Accused No. 123. I refer first to the search on 22/3/56 which was conducted by Det. Sgt. I.A.G. Strydom of the S.A. lolice, at Port Elizabeth, at the house of the Accused at 155 Msinka Street,

10839.

New Brighton, Port Elizabeth, in his presence, and docu-ments now handed in as TT. 1 to 24 were seized.

Then on 27/9/1955, Det. Serg. J.C. de Villiers, \ 1

searched Accused's house at 155 Msinka Street, New Brighton, Port Elizabeth, in his presence; and documents now handed in as TT. 2 5 to 40 were removed from him.

On 5/12/1956, his house at 155 Msinka Street, New Brighton, was again searched by Sgt. A.H. Bouwer of the S.A. Police, Port Elizabeth, in his presence, and documents now handed in as TT. 41 to 88 were removed from him. Of these I omit 70 and 75. BY MR. COAKER : 9At page 1566)

Now, with regard to this Accused, T. Tshume, Nc. 123, the Defence admits in the usual form that the documents were found in the places and at the times alleged, save that the exhibits TT. 20 to 24 were found in the room occupied by the Accused, were not found amongst his papers.

T.E. TSHUNUNGWA. TET. 1-26 P.E. Record 1567,1585. Record 3774. TET. 28-31 P.E. Record 1571,1583. Record 3703. TET. 32-39 P.E. Record 1572, 1585. Record 2283. TET. 42-62 P.E. Record 1572-3,1586 Record 3785 TET. 62-68 I.E. Record 1578-9,1586-7 Record BY THE I.P. 5

I am dealing with T.E. Tshunungwa. On 27/955 his house at Mkonjane in the district of Glen Grey was searched by Sgt. C. E. Bowen of the S.A. Police, Queens-town, and documents now handed in as TET. 1 to 26 were removed from him, in his presence.

The next search was on 5/12/56; the house of the Accused at^amata, Basin Location, in the district of

10840.

St. Marks, in the Tra^skei was searched "by Det. Sgt. 3.J. Boles of the S.A. Police, Umtata, in the presence of the = Accused, and documents now handed in as TET. 27 to 31 were seized.

On 26/6/1955, the Accused was searched at the Kliptown C.O.P. Conference by Det. Sgt. A.J. Kruger. This search took place on the platform where the C.O.P. Conference was held and from the possession of the Accused, documents now handed in as TET. 32 to 39 were seized. Of these documents I omit 36 and 37.

On 21/3/1955, the house of the Accused - or the house of a person by the name of Ben Twaku at 852 Location, Queenstown, was searched by Det. Sgt. P. Hugo of the S.A. Police, Queenstown, That was in the absence of the Accused, and documents now handed in as TET. 42 to 61 were removed.

Again on 2lst March, 1955, Det. Sgt. Bowen, of the S.A. Police, Queenstown, searched the residence of the Accused at 845 Location, Queenstown. This was in the presence of the Accused and documents now handed in as TET. 62 to 68 were seized. BY MR. COAKER :

With regard to the search on 27/9/1955, by ftgt. Bowen, in the G-len Grey district, the Defence admits that the documents were found at the -place alleged by - at the place alleged, which was the ̂ residence of the Accused^ ahd that those are the documents narked 1 to 26 which are now handed in. With regard to the search on 5/12/56 at the Transkei Location, by Det. Sgt. Bowen, the Accused admits that the documents TET. 27 to SO were taken on that occasion at a search in the presence of the Accused, but the Accused does not admit that TET 31, which I understand

10841.

Is a copy of 'Liberation1 was taken on that occasion, or at any rate, that it was taken in his presence. With regard to the search on 26/6/1855, at Kliptown, the Accused admits that he was searched by Det. Sgt. Kruger at the C.O.P. Conference and the documents TET. 32 to 39 were taken from his possession. He does not admit that he was searched on the platform, but he does not dispute that he was in fact on the platform on that occasion. With regard to the second search at Kliptown, by Det. Sgt. Hattingh, the Defenoe that the documents TET. 40 and 41 were taken from the possession of the Accused. With regard to the search on 21/3/1855 fit the house of Ban Twako, at 898 Location Queenstown by Det. Sgt. Hugo, the Defence admits that the documents TET. 42-61 were taken from that house by Det. Sgt. Hugo, and that those documents had been taken to that house by the Accused. With regard to the search on the same date by Det. Sgt. Bowen at 845 Location Queenstown, the Defence admits that that is the address of the Accused, and that that search wae in the presence of the Accused at all events the Defenoe admits that documents 62 to 72 were taken on that occasion; Insofar as 69 and 70 are concerned, the Defence is not in a position to dispute that they were taken from the house of Ben Twako; The defence in fact does not know where that document was taken from; but for the purpose of putting it before the Court, we will admit that it was taken as alleged from the house of Ben Twako on 21/3/1855 at the addressgiven.

(CONTINUED ON PAGE 10842!

10842.

S. DHLAMINI.

SD(n)l-68 P.E. Record 1611,1614-5 Record 4148. SD(N)69/175 P.E. Record 1614,1615 Record 4162-64 BY THE P.P. s

The next is Stephen Dhlamini, Accused No. 128. On 27/9/1955, Pet. Const. Heuer of the S.A. Police, Berea, Durban, searched the house of Accused, Stephen Dhlamini, No. 128, at 33 Madras Road,Durban, which is a room. He was present at the search, and during the search documents SD(n) 1 to 68 were seized.

On 5/12/1956 Det. Hd. Const, van Rensburg of Berea, Durban, searchedthe room of Stephen Dhlamini at 33 Madras Road, Durban, and in his presence and under the

authority of a search warrant, documents Nos. 69 to 175 were seized. Nos. 92 to 94 are omitted. BY MR. COAKER :

In regard to these exhibits, the Defence admits the particulars in regard to the searches, the identify of the Accused - in fact, the usual admission is made with the usual reservations.

A. B. SECHOARENG. ABS. 1 - 23. P.E. Record 1644-46. Record 4445. BY THE P.P. ;

The next is Abraham Sechoareng, Accused No. 158.

On 27/9/1955, Det. Sgt. du Plessis, of Kimberley, searched the house of Accused No. 158, at Matoppa Street, No. 2 Location Kimberley, and under the authority of a search warrant, and in the presence of the Accused, seized

documents ABS. 1 to 23.

10843

BY MR. COAKER : With regard to "both searches, the Defence

admits the facts set out "by my learned friend.

G. NGOTYANA. GN. 45-92. P.E. Record 1468-70, 1472. Record 4487. BY THE P.P. :

"2hen on 5/12/1956 a search was conducted by Det. Const. P.J. Hugo, of the S.A. Police, stationed at Athlone, Cape, at the residence of the Accused at White House, Cashel Avenue, Athlone, in his presence, and documents now handed in as GN. 45-92 were taken possession of. Of these I omit 68, 74, 81 and 83.

BY MR. COAKER :

The Defence admits 5 and in regard to the other two searches the Defence admits the particulars which my learned friend has given.

A. LA GUMA. ALG. 1-32(2) P.E. Record 1449,1461. Record -BY THE P.P. ;

The next is A. la Guma, Accused No. 85, who was searched on 27/9/1955, by Det. Sgt. Conradie, of the S.A. Police, Cape Town.... Documents marked ALG. 1 to 32(2) were seized.... The search was conducted at 13 Louisvale Road, Athlone, Cape Town, in the presence of the Accused by Det. Sgt. W. Conradie. I omit Nos. 4,20,29. BY MR. COAKER :

The Defence admits in the case of both searches that the premises referred to by my learned friend

10844.

which are occupied inter alia "by the Accused were searched, and that the documents numbered ALG. 1 to 32(2)... were taken.

EXAMINATION OF A.J. KRUGER BY MR. TRENGOVE CONTINUED : In this connection, Mr. Kruger, the documents

bearing Exhibit numbers on that Schedule, did those docu-rants bear the same numbers at the Freparatory Examination?

They did, My Lord. And they are the same documents? They are,

My Lord. The Schedule will be marked X. 32, My Lord.

Now Mr. Kruger, do you know as a result of your activities as a member of the Security Branch on the Rand since 1947, can you tell the Court whether or not you know the

Accused in this case? I know from No. 1 to 21, and No. 29 and No. 30.

Can you tell the Court, did you know these people prior to the Ireparatory Examination in this case?

Yes, % Lord.

Can you tell the Court whether prior to that late and during the period covered by the Indictment in this case, October, 1952 to December, 1956, during that period, were tjjese first twenty-one Accused that you referred to - were they or were they not normally resi-dent in the Irovinee of the Transvaal? Up to Accused No. 21, Yes, My Lord. No. 29 and No. 30 - the one is from Queenstown and the other one is from Natal.

They were resident in the Transvaal and they conducted their activities mainly in the Transvaal? Yes, My Lord.

10845

As a result - during this period 1947 to 1956, did you attend meetings of various political prganisa-tions? I did, My Lord.

Dealing with the period prior to 1950, can you tell the Court the Accused 1, Selepe, whom you say you 5

know, do you know whether he attended political meetings prior to that date? He attended Communist Tarty meetings, My Lord.

Did you during 1947 to 1950 regularly attend Communist Party meetings? I did, My Lord. 10

You say - in what way did he participate in these meetings? He was an attendant at Communist Party meetings in Alexandra Township, Johannesburg.

And the Accused No. 3, Kathrada? Yes, My Lord. I can remember one specific Communist Party meeting 15

which he had addressed in Sophiatown, Johannesburg, and he was also a regular attendant at other Communist Party meetings.

I want to put to you the names of certain other people and could you tell the Court what the nature 20 of their political activities before 1950 were. Do you know a man by the name of L. Bernstein? Yes, My Lord.

What is his name? Lionel - wellknown by

the name of Rusty- Bernstein. Was he an Accused at the Preparatory Sxamina- 25

tion? He was, My Lord. Prior to 1950, do you know anything of his

political activities? A regularly attendant at Communist Party meetings.

Apart from attending, do you know anything 30 else of his activities? No, My Lord. I think he did address meetings, but I am not sure.

P.J. Hodgson? I know him, My Lord, he was an

10846(b) (A.J. KRUGrER)

Accused at the Preparatory Examination, a regular atten-dant at Communist Party meetings, he never addressed a Communist Party meeting to my knowledge.

M. Kotane? I know him well, My Lord, general-secretary of the Communist Party of South Africa. 5

F. Madiba? I know him very well, My Lord.

He was an Accused at the Preparatory Examination. He regularly addressed and acted as Chairman at Communist Party meetings at Newclare in Johannesburg.

J. Slovo? I know him well, My Lord. He 1 0

was an Accused at the Preparatory Examination. Ho regularly attended and addressed Communist Party meetings in Johan-nesburg.

R. Slovo? The same applies to Mrs. Slovo, My Lord. 15

Is she known by any other name? Ruth First. Y. Barenblatt? She regularly attended

Communist Party meetings, but to my knowledge never addres-sed a Communist larty meeting, My Lord.

J.S.A. Mavuso? I know him well, My Lord. 20 He was a resident at Alexandra Township, he was an Accused at the Preparatory Examination. He was a speaker and a regular attendant at Communist Party meetings.

L. Nkosi? I know him, My Lord, being a regular attendant at Communist Party meetings in the 25 Western Areas of Johannesburg.

H. Watts? I know her well, My Lord. She was a regular speaker at Communist larty meetings in Johannesburg.

Do you know her by any other name? She is 30 known by the name of Hilda Bernstein, and Hilda Scherarts.

A. Maliba(?)? I know him, My Lord. A regular


attendant and speaker at Communist Tarty meetings in

Johannesburg. Michael Harmel? I know him well, My Lord.

A regular speaker and attendant at Communist Party meetings

in Johannesburg. 5 Which of the people that you have referred to

now, - some of them you sail they were Accused at the Preparatory Examination. Do you know whether or not R. Slovo was an Accused at the Preparatory Examination?

She was an Accused at the Preparatory Examination. 10 J. Slovo? He was an Accused. F. Madiba? He was an Accused. L. Forman? He was an Accused. Y. Barrenblatt? She was an Accused. J.S.A. Mavuso? Yes. 15 L. Nkosi? Yes. H. Watts? No. A. Maliba? No. With Accused L. Ngoyi, do you know that

Accused? I know her well, My Lord. 20 Can you tell the Court, apart from any Bantu

language, do you know whether she can understand and speak any other language? She can speak English, My Lord.

And do you know Gert Sibande? I know him, 25 My Lord.

Is he an accused in this case? He is, My Lord, No. 20.

Do you know apart from a Bantu language, whether he can speak any other language? He can speak 30 and understand English, My Lord. NO FURTiER QUESTITNS BY MR. TRENGOVE.


CROSS-EXAMINED BY MR. KENTRIDGE : You said at the beginning of your evidence -

I didn't quite catch it - that you operated - did you say on the Witwatersrand or the University of the Witwaters-rand? The Witwatersrand generally, My Lord. 5

These people you have told us about whom you know, or whom you saw at meetings, you have given a list of names - now do you know anyone who since 1950 has been a member of the A.N.C. who was also a member of the Communist Party before 1950? In other words, you have 10 given a list of people who you say attended Communist Party meetings or addressed them before 1950. Some of those also you saw at A.N.C. meetings after 1950? Yes, ffiy Lord.

Do you know of anyone of thosepeople who 15

wasn't also a member of the A.N.C. before 1950, any of the Africans? There is one particular person, he is not an Accused and he is not a co-conspirator, J.B. Marks, I can remember him particularly well that he was an Executive Member of the A.N.C. during the time that he 20 participated in the Communist Party.

The point I am making is this, that you can't give us any example of a person who was active at these Communist Party meetings before 1950, but only joined the A.N.C. for the first time after the Communist larty was 25 dissolved? No, I can't.

You have mentioned Mr. Kathrada as a regular attendant at Communist larty meetings. Even before the Communist Tarty lissolved, he was also in the Indian Congresses? That is Correct, My Lord. 30

In connection with this meeting which you attended where yoQ took the tape - I think at one stage you

10846(d) (A-J* m U G B E >

said disc and at one stage you said tape? It is the same thing, it was a tape.

You have handed in this transcript, and we also have a roneod version of it, of which apparently forty copies were made. Do you know how that came to be 5 made? That is of G. 422? My Lord, I cannot comment on the amount made. I knw for a fact thatthey would have made more than one,...

But that is duplicated, is it not, roneod? Yes, My Lord, it is. 10

Do you know why - that was apparently done by the C.I.D.? By our typist I would say, My Lord.

Do you know why it was necessary to roneo it or to run it off? I couldn't say. The only reason that I could advance is that they could not get enough copies 15

through the ordinary typewriter. You say it is a transcript by Mr. Schoeman?

Yes, My Lord. You see it starts "Tart of speech by Michael

Harmel"? That is so. 20 Mr. Schoeman wrote in "Iart of speech by

Michael Harmel", that wasn't on the recording? No, My Lord.

And wherever you have a name here it wasn't on the recording, it was put in by Mr. Schoeman? That is 25 correct, My Lord.

So when my learned friend said "Speech by Selby" or'fepeech by Hilda Watts" or whoever it was, he was taking the name as put on by Mr. Schoeman, which isn't really part of the transcript. It is not something 30 that was on the tape? Ttet is correct, My Lord. The position is this, that the Chairman before the commencement - before commencing to play the recording tape, he announced

10846(e) ™ G E R )

the persons whose speeches will "be played, and they were all known to me, I know their voices, and I was satisfied that this is correct.

Did you know the voices of all of them? I knew them, My Lord. 5

And so when you heard the tape, did you recog-nise the voices? Yes, My Lord.

Do you mean at the meeting? Yes. Did you take a note of the names at the meeting?

Yes, My Lord - I cannot remember whether I wrote it 10" down. I wrote - I know that my colleague Mr. Viviers did make a note of that.

There is a speech here by Cecil Williams? Yes, My Lord, that is correct, he was the last speaker.

You say you knew his voice? Very well, My 15 Lord.

Mr. Viviers I gather was with you at this meeting? He was.

•"•nd he took the note? He took notes. And did you see his notes? When? 20 When you wgre listening to the transcript?

No, My Lord. You were also telling us about the meeting

you attended on the 1st April, 1956. I see in your report that it mentions about twenty-three names? 25 Yes, My Lord.

Do you mean that you could remember those all in your head? My Lord, there are three batches of names. The one batch, I think, refers to people I have s arched, the other to people that I found in this 30 hall and others that entered whilst we were busy there.


As far as the people were concerned that were searched, I had a file like the one I handed in to Court in respect of each and every individual that I had searched, and the others I take it that I remembered, but I can't remember having made a note of their presence. 5

You see, you told us that you didn't have any original notes, you made this report from memory? Yes.

This report of yours was put into Affidavit form? Yes.

And at the end of it you say "Die notas wat 10

ek gemaak het tydens die uitvoering van hierdie diens he^ ek hierby aan"? My Lord, I ...

So you must be mistaken, there were original notes? I suppose I am, there must have been then.

And you haven't got them? No. 15

And you don't know what has happened to them? No, I don't.

And because you forgot all about them, of course you haven't made a search for them? No, I did not. 20

We have this file here of certain documents which you took on the 1st April, 1956. I see included in them is something marked G. 1068(8), headed "Fraternal Greetings to Conference from Chief Luthuli". Would you just identify it and put it in? Yes, that is correct, 25 My Lord.

That was taken by you at a meeting you attended? That is correct.

Of the South African Congress of Democrats? That is so, My Lord. 30

There is another document which you took, marked 1068(1) which is a copy of a newspaper called


"The Golden City lost". I don't know if you can recall why you took that? No, My Lord, I cannot. I took everything that was found in front of the delegate.

There is an article on the hack page, headed "I.E. Still Exhifted about Shootings". I'll just read you 5

a part of it s "After the clash last week between the police and the procession of singing Africans in which one African was killed and two others and three policemen were injured, I saw a woman crying in the street over the body of the dead man, wires Post's correspondent in Port Eliza- 10

beth. Public indignation has been aroused in I'ort Eliza-beth over the shooting which many claim could have been avoided, and it is still the subject of excited discussion. From the window of a house in dimly lit Mendy Square in New Brighton, I watched while the rat-tat of a Sten gun 15

shattered the night's stillness. Doors were bolted and the lights in neighbouring houses went out. Men ran for safety to the nearest doorway. It was one of the running men Mr. John Jebe who collapsed and died, shot in the chest, at a strjet corner and over whom the woman later 20 wept. Later I saw two other Africans who were injured being picked up by the police van from which the shots were fired. They were taken to hospital, as were two African policemen and a European sergeant." Do you recall that report? At any rate, you will see it in the 25 paper. Now Golden City lost is a newspaper published in Johannesburg on SundaysE That is correct, My Lord.

It is not connected with the African National Congress? No, My Lord.

Or any other organisation which is - which 3C has been referred to? No, My Lord.

I just want to go on. I think I should read i t


the rest of it. "The clash is said to have "been the result of the recent "ban on meetings in the district. According to a spokesman of the African National Congress,, because meetings have been banned, political activity in the district has taken the form of processions through 5

the streets of New Brighton with the marchers singing songs of freedom. The clash occurred when a police van, carrying 10 African constables and a European sergeant armed with a Sten gun, was sent to investigate. The police caught up with the procession in Mendi Square. 10

According to the police, after angry words were exchanged, sticks were brandished and stones flew through the air, one of which smashed the windscreen of the van. The police sergeant, who later said ho was about to be attacked, opened fire at the marchers. Mr. John Jebe was shot dead 15

and Mr. Richard Hlobiso was shot in the leg. Mr. James Phillips, another marcher, suffered head injuries, as did African constables and a sergeant. The marchers dis-persed, but it is believed that several others were injured in tho clash. The A.N.C. spokesman denied that 20 the procession was disorderly, or that African municipal employees had been threatened or intimidated. The proces-sion was the type of political activity adopted as a result of the ban on meetings in New Brighton. The men formed processions through - and marchedthrough the streets of the 25 district chanting songs and praching in the same manner as religious revival groups, he said." That is on the back page of Golden City lost, April 1st, 1956, marked G. 1068(1), taken by you at the meeting of the Congress of

Democrats in Johannesburg on the 1st April, 1956? That 30 is correct, My Lord. NO FURTHER QUESTIfNS BY MR. KENTRIDGE.

B 10846(1) (A.J. KRUGER)

BY M5. TRENGOVE ; Before my learned friend Mr. Plewman proceeds,

does my learned friend intend to put in this Golden City lost, and if he is putting it is, is his purpose to show that the Golden City Tost contained that article and that 5 that was found in the file. I would like to know what the relevance of that evidenceis as far as my learned friend is concerned. BY MR. JUSTICE RUMPFF ;

That the Golden City Post contained that 10

article. BY MR. KENTRIDGE :

I should have said it was apparently the particular person it was token from, - it was S. Shall, who is mentioned as a co-conspirator in this case. My 15

Lord, I don't put this document in as proof of the con-tents, hut simply as proof of something in the possession of a co-conspirator at a meeting of an organisation. I think Your Lordships ruled at an earlier stage that any document in which anything was said which has something to 20 do with an issue in the case, for what it was worth, was admissible. I do put it in, My Lord. BY MR. TRENGOVE s

I am at a bit of a loss to understand, - this witness said that Sidney Shall denied that these were his 25 documents. This witness' evidence is that those documents were found in front of Sidney Shall. BY MR. JUSTICE RTJMPFF ;

On that basis the Crown handed in the documents. BY MR. TRENGOVE 30

No, I didn't hand them in at all, My Lord. Is my learhed friend's case now that those were Sidney Shall's


documents? BY MR. JUSTICE RUMLFF ;

That you can argue. He said it was found in possession. BY MR. PLEWMAN ;

My Lord, I have two Exhibits that have "been previously dealt with in this case, but they were not in fact taken by this witness. But, he being the person who had custody of the Exhibits in the case, if I can hand them in formally through him. The first, My Lord, is A. 218, which is an Asian (?) Socialist of August 1955. That was dealt with in the cross-examination of Irofessor Murray. It was taken by Sergeant Moeller at the offices of the African National Congress on the 27th September, 1955, and I ask to hand that in through this witness. The second, My Lord, is for possession - for possession only, My Lord. The second is a document called The Asian Socialist Conference, the Anti-oColonial Bureau Newsletter. The Exhibit number if W.S. 84. It was apparently taken from one W. M. Sisulu by Sergeant Venter on the 27th September, 1955 and I similarly hand this document in for possession.

EE-EXAMINED BY MR. TRENGCVE ; Mr. Kruger, you were asked as to the member-

ship of the Communist Party and the A.N.C. before 1950, whether certain people belonged to the Communist Party and whether they also belonged to the A.N.C. before that date - whether they were active at Communist Party meetings and A.N.C. meetings. Now you attended A.N.C. meetings and Communist Party meetings over thatperiod, 1947 to 1950? That is correct, My Lord.


According to the attendances "by the people at meetings, could you tell the Court whether they took a more or less active part in the A.N.C. or the Communist Tarty? No, My Lord, I can't.

My lord, in view of the statement about Shall and these documents, I ask leave to place on record that this file G. 1068 contained inter alia the Bulletin of the Transvaal Consultative Committee of the A.N.C., T.I.C., S.A.C.I.0. and C.O.D., Volume No. 2, dated the 31st March, 1956 5 a draft report of the South African Congress of Democrats, which has already been handed in as G. 972? the National Executive Council Statement of the South African Congress of Democrats on Bantu Education, which has already been dealt with as C. 1091(b); and the Report of the National Executive Committee to the Annual National Conference on the 31st March to 1st April, which has already been dealt with under C. 1092; together with the Agenda - not the Agenda, - together with a Fighting Talk of April, 1956, which has already been dealt with under G. 1132; also Counter Attack, the C.O.D. Bulletin, 3rd March, 1956, which has been dealt with under C. 1013; and various other documents. NO FURTHER QUESTIONS.

BY MR. PLEWMAN s My Lord, would it be convenient for me to

deal with the documents which I mentioned, at this stage, with the consent of the Crown? The first My Lord, is a document S.D.N. 98 v/hich has been handed in to Court, possibly our record and that of the Crown don't coincide, but it doesn't appear to have been read in full. Now, we

10846(1) v

wish to have it read in full. I have consulted my learned friends about thi^ so as not to burden Your Lordships, with their consent, may it be typed into the record in full. It is already an Exhibit before the Court.

10847 A

S D (N) 98 READS AS FOLLOWS«

PRESIDENTIAL ADDRESS.

BY

ALBERT J. LUTULI.

PROVINCIAL PRESIDENT - AFRICAN

NATIONAL CONGRESS (NTL)

PRESENT TO THE

1956 ANNUAL PROVINCIAL CONFERENCE

OF THE AFRICAN NATIONAL CONGRESS,

NATALs

HELD AT

COMMISSION HALL, EDENDALE, N A T A L .

"THE STRUGGLE MUST GO ON"

To be with you again is an occasion I would not

miss for anything,. It makes one feel so good. It gives

one inspiration one needs so much after a long period of

enforced isolation. The only saving grace in the period

of isolation lay in the fact that the spiritual aspect of

man is not subject to limitations placed on his bodily

movement by any other human being and so the Union Minis-

ter of Justice could not prevent me from being with you

in spirit.

I always thought of you and lived with you in my

thoughts especially on occasions when you assembled in

Conferences and meetings like the one you are assembled at

today.

I suppose some of you may be expecting some stri-

king fresh message from your President after such long

10847 A

forced separation. Let me disabuse you of any such, anti-

cipation.

My message will be one that Congress people should

have become accustomed to by now. What makes it merit

repetition is its relevancy to this time when a good num-

ber of Congress men and women have been rendered immobile

through Government action against our Liberatory movement.

Therefore, whatever else I may say in my address

my special message to this Conference iss "THE STRUGGLE

MUST GO ON, NO MATTER HOW HARD THE STRUGGLE MIGHT BE".

PAYING TRIBUTE TO MEN AND WOMEN

WHO IN THE STRUGGLE FOR FREEDOM

IN OUR COUNTRY HAVE SUFFERED OR

DIED.

It is appropriate at this stage in thinking about

our subjects "THE STRUGGLE MUST GO ON" and to pay tri-

bute to those men and women who try to carry on the strug-

gle, have suffered or died for freedom in our country.

THINK of the men and women of all ranks who in our

struggle for freedom have lost their lives;

THINK of their dependents who survived them5

THINK of our banished people;

THINK of our banned;

THINK of our imprisoned people;

THINK of all those who have been debarred by law to

take part in the struggle for freedom;

THINK of the families and dependents of these brave

fighters who have suffered greatly for freedom.

They NOT HAVE SUFFERED OR DIED IN VAIN! If all

these lovers of freedom are not to have died or suffered in

10847 A

vain it behoves those of us who still, in some way, can

act to play our part faithfully. If we are truly pled-

ged to the cause of FREEDOM and so to "play our part

faithfully" we should say with determination here and

nowj "THE STRUGGLE MUST GO ON". Even if some desert the

cause "the faithful few" must carry on the struggle.

Let me re-enforce my call, by calling to my aid my

colleague Dr. Letele, Treasurer-General, of the African

National Congress when, on the occasion of opening the

recent Conference of the Natal Indian Congress he said so

effectivelys "I exhort you to fight on! to fight bravely 1

to fight against oppression, racialism and discrimination

wherever you meet its be it in industry, in churches, in

education and the profession, in sport in society, fight it

everywhere!"

Why are we in such earnest that the struggle must

go on? It must go on because it would be most tragic if

it did not. There is so much at stake. It must go on

because we would have betrayed the men and women who have

died or suffered for freedom.

It must go on because our cause is ajust cause.

It must go on because failing the struggle is fail-

ing the Creator of man who offered freedom as his most pre-

cious gift to mankind. It must go on because freedom is

the noblest human attainment which man throughout the ages

has willingly paid the supreme sacrifice for.

Man in his best moments yearns for it.

The Atlantic Charter shows this!

The United Nations' Charter shows thisl

The Bandung declarations shows this!

The Kliptown Freedom Charter - Our Charter- shows

this!

Collection: 1956 Treason Trial Collection number: AD1812

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