18981 - historicalpapers.wits.ac.za · 18981 mr. trengove luthuli als referreo specificallyd ray...
TRANSCRIPT
18981
MR. TRENGOVE
Luthuli also referred specifically, ray lords, to 1
Exhibit N.A.81 which was the Suramer School Lectures at
the Summer School organised "by Dr. Conco and the witness
Yengwe, and which were later published for the political
education of the youth, and, mylords, it was also put to
him that certain lecture notes, Exhibit A,302, that those 5
lecture notes which were notes for lecturers - elementary
courses in economics and politics - which were found in
the A.N.C, office and, my lords, in Durban, that they were
being used - - he wasn't prepared to admit that, my
lords. He says they could have been used. 1 0
RUMPFF J; Have you got the page numbers?
MR. TRENGOVE; Yes, my lords, I ' l l give your
lordships the reference. If your lordships would refer
to page 11876 to 11878, 11919 - 11924, then 13255 and 13261.
Then, my lords, in connection with the lecture notes, 15
A.302 - notes for lecturers, elementary course in economics
and politics - page 11931. My lords, those lecture notes
were also found in the offices of the "New Age", offices
in Durban, 10A.82, my lords, page 3724.
My lords, on thequestion of study classes and 2 0
lectures there is also the evidence of Resha who says
that he took part in the politicaltraining of volunteers;
he says they weretaught Congress policy, page 16468,
he says he conducted lectures for volunteers in Sophiatown
on Tuesday evenings, and as material he used Africans'
claims, National Presidential reports, Executive Reports,
Dr. Naicker's publication "Self discipline for volun-
teers',' the document "Political Organisation" and the
document "How South Africa is governed". My lords, your
lordships will remember "Political Organisation" is the 30
189 6'."-2 18982
MR. TRENGOVE
document B.25 which deals with the various aspects of 1
the Programme of Action, and the efficacy of the methods,
and "How South Africa is Governed", your lordships will
remember that is the document dealt with by Mandela,
N.R.M.35.
This evidence of Resha is found at page 16470. 5
He also admits, my lords, that volunteers were expected
to read "Fighting Talk", "Deliberation", "Isizwe",
"lodestar", "Indonesia" - pages 16470, 17074.
As regards the Exhibits A.84 to A .86 , my lords,
we submit the effect of Resha's evidence is that he does 10
not deny that the lectures were sent out specifically
by the National Action Council of the Congress of the
People for study by Volunteers, but he says, according to
his knowledge, they were not used for that purpose,
page 1 6 9 5 7 to 1 6 9 6 4 , my lords. 15
But, my lords, we say that the effect of his
evidence is that he concedes that he wouldn't have any to
objection/volunteers being educated on the lines set
forth in the lectures, page 16965. And he said, my
lords, that Mgwendu Mkitsing represented the A.N.C. on 20
the Transvaal Action Council of the Congress of the
People when these lectures were distributed to the
various constituent bodies for study purposes. That
he says at page 16927, my lords. He also said that
as far as he himself was concerned he read the lectures, 25
found them highly irrelevant, highly involved and not
particularly relevant.
Now, my lords, we submit that apart from the
evidence of other witnesses which will still be dealt
with, we submit that i t ' s quite clear from the evidence 30
18983
MR. TRENGOVE
that political training "by means of study classes, lec-
tures, "bulletins and so on, played a vital part in pre-
paring the Freedom volunteers for the tasks that this
shock brigade had to play in the non-violent army of
liberation.
And we say, my lords, that this political
education which they received, having regard to the pur-
pose for which it was being used, is of some importance
- is of some guide as to what the real nature and purpose
of the Freedom volunteers corps was.
Now what was this literature, my lords? And
what is its significance? Firstly, my lords, the Annual
Reports and Presidential Addresses and so on - we have
already dealt with that. We have already dealt with
A.N.C. publications, that is the "Lodestar", the "Indonesio"
"Isizwe", "Congress Voice". My lords, publications such
as 'Liberation', "Fighting Talkr , "New Age" and "Advance"
will still be dealt with separately.
We have already so far dealt with certain spe-
cific lectures such as A.309, "No Easy Walk to Freedom"
by Nelson Mandela. Your lordships will ask yourselves
how does that form the basis for study and political
training and for what are people being trained, if that
is part of the syllabus. Similarly, my lords, political
organisations - B.25, N.R.M.37, which Mandela says was
issued in 1952 and 1953, and which he says was issued
for the purpose of political education to A.N.C. mem-
bers, to stimulate discussion - page 18549 to 18581.
And Mandela also confirmed, my lords, that this lecture
was actually used for political education, as I stated
the other day.
18984
MR. TRENGOVE
Another lecture that has "been referred to, my
lords, as also being used, was "What Every Congress Mem-
ber Should Know", Exhibit W.S .56 , which Mandela also
says was distributed in the A.N.C. offices - 15858.
In considering this organisation, this specific branch
of the Liberatory Movement, your lordships should take
into consideration that type of political instruction.
BEKKER J; What do we conclude?
MR. TRENGOVE; My lords, may I deal with the
matter to complete that?
BEKKER J; Yes.
MR. TRENGOVE; My lords, these three documents
that have not been dealt with yet, but they were also
being used for study classes - they are Exhibits A.84
to A .86 . Now, my lords, A.84 was the lecture "The
World We Live In" . My lords, the rather unusual part
of the evidence of the Defence is that this series of
lectures - every one of the Defence witnesses tried
their level best to play down the function that these
lectures played in the framing of A.N.C. methods and
training of volunteers.
BEKKER J; Mr. Trengove, before we go on, what
does the evidence show - who prepared it and when, and to
what use was it put.
MR. TRENGOVE; Now, my lords, as I say I am
the moment confining myself to the African National
Congress. They were prepared by either the National
Action Council of the Congress of the People, or by
the Transvaal body of that organisation, the Transvaal
Action Council of the Congress of the People.
BEKKER J; That isn't really telling us
18985
MR. TRENGOVE
who the author was.
MR. TRENGOVE; My lords, nobody knew until the
witness Mandela went into the Witness Box, and he seemed
to indicate that he heard that Bernstein . . .
BE'KKER J: I t ' s hearsay as far as he is concerned.
MR. TRENGOVEs I think so, my lords. He said that
he enquired and he heard that Bernstein had prepared
these lectures, but, my lords, we comment on the fact that
it is strange that nobody seems to know - none of the
Defence witnesses know who the author of the lectures were,
and yet, my lords, the evidence shows beyond any doubt
that these lectures were designed for the purpose of
telling the volunteers how to teach the people to liberate
themselves. They were being used for that purpose, my
lords; they were being used in Natal by Dr. Mutala, in
Pietermaritzburg, as the basis of study classes. They
were advertised as such; they were published in Bulletins,
these lectures were being reproduced and published; they
were sent all over the country - these set of lectures
were one of the most widely distributed of the documents.
Tshunungwe in his evidence - he is the National Organiser
of the Congress of the People - he received 50 copies for
use in the Eastern Cape. He says he didn't use them -
well, we 'll still deal with that, my lords. They were
found in possession of people in Port Eli- abeth- translations
were found, "The World We Live In" - - translations into
Xosa were found there, my lords. And, my lords, when
the National Action Council of the Congress of the People
responsible for this document - - when that is being
dealt with we will show your lordships, and we will show
beyond any reasonable doubt, that these lectures were
18986
MR. TRENGOVE
regarded as vital, as a vital part of the political training,
and for the present purposes, my lords, I will endeavour to
show your lordships that as far as the African National Con-
gress is concerned, there is nothing of importance in these
lectures which the African National Congress itself, in
its own individual publications, hasn't in one way or
another used as the basis of its political training for
its members.
My lords, these lectures show amongst other things
that the people were being prepared for revolution.
And,my lords, Iwant to deal firstly with the
lecture A .84 , and before I deal with the specific lecture
I ' l l deal with the comments of some of the witnesses on
this lecture. This lecture was put to Luthuli, my lords,
and his comment - I could summarise the effect of his
evidence - - our submission is that it is to the following
effect: That he doesn't disagree with the lecture, "The
World We Live In " , Exhibit A .84 , and he says - our submission
is that the effect of his evidence is that i t ' s not incon-
sistent with A.N.C. policy, and that there is nothing in
the lecture against A.N.C. policy. Pages 11788 to 11793.
He says the lectures are on a difficult side for the ordi-
nary Congress member, and that it would be good for
leadership to study these lectures and discuss them.
He admits, my lords, that these lectures have a bias
towards Socialism, or Leftism, as he called it , and that
they fail to give what he calls the other point of view.
Page 11800 to 11803 , my lords. And he says, my lords,
that the Socialist tendency in the lectures doesn't
really represent A.N.C. policy, although he admits
that the A.N.C. as such - the situation in which he
18987
MR. TRENGOVE
finds himself, the A.N.C. leans towards Socialism; he
also admits that these lectures condemn Capitalism, Im-
perialism in very strong terms, and he agrees that the
African National Congress view of exerting pressure as
a basis of negotiation,in order to obtain a basis for
negotiation, that that isn't expressed in these lectures
at all .
Resha, my lords, as I have said, found the
lectures involved and not particularly relevant, when
he was asked about them at page 16930, but when he was
taken through the lecture paragraph by paragraph he
understood, my lords, that paragraphs 1, 2, 3, 4, 6
8, 9, 10, 11 and 13; what Mr. Resha didn't understand
was paragraph 5 cn Capitalism, paragraph 7 on what is
your labour worth, and paragraph 12 "The Socialist World".
His evidence, my lords, is at pages 16930 to 34.
The effect we say of Mandela's evidence, my
lords, is that he found nothing in Exhibit A.84 incon-
sistent with Congress policy insofar as it gave historical
economic and political analyses of the world - he was in
agreement with it . Page 15873 to 15874.
Conco, my lords, seems to indicate in his
evidence that the lectures do not represent A.N.C.view
and policy in connection with the matters dealt with.
My lords, the lectures really speak for them-
selves. As far as the African National Congress is con-
cerned I only want to comment on one or two paragraphs.
RUMPPF J- What's Conco's page number?
MR. TEENGOVE; Could I give your lordships
that reference a little later; I haven't just got it
handy.
18988
MR. TRENGOVE
MR. TRENGOVE; My lords, the first lecture, 1
"The World We Live In" says "The notes are designed to
be read and discussed and studied by volunteers and active
Congress workers, especially workers - individual workers
and active Trade Unionists." Now, my lords, these lec-
tures have been dealt with over and over again. My pre- 5
sent purpose, my lords, is just to refer to certain para-
graphs. The lectures, my lords, will have to be commented
on for some other purpose, I don't want to exhaust argu-
ment on them; I just want to deal with the matters
directly affecting the African National Congress as we see 1 0
it .
My lords, the first paragraph I invite your
lordship's attention to is paragraph 11, "The struggle
for liberation". That paragraph, my lords, was commented
on by Luthuli at 13322, and by Resha at page 16934. That 1 5
is the paragraph which says "She struggle for liberation
- Imperialism has divided up the world." And then he talks
of the Colonial countries of the world and the Imperialist
countries, and he talks, my lords, of how Imperialism
has caused world wars, and my lords, how between world 2 0
wars Imperialism wages a ceaseless war to subjugate and
conquer new Colonial lands, and it refers to Kenya and
Malaya; it refers to Korea, Indo-China, Palestine; it
refers to China . . . . and this portion of the lecture,
my lords, concludes "Imperialism lives by armed force and
terror and lives always in war."
Now, my lords, the comment that I want to make
here is that this is entirely consistent with the whole
approach of the African National Congress to Imperialism
and its effect, as has already been indicated, my lords,
18989
MR. TRENGOVE
in the argument dealing with the Liberatory struggle.
And the same idea, my lords, that Imperialism lives
by armed force and terror, and lives always in war, that
same concept your lordships will find in the African
Lodestar A.M.K.66 which is the comment on the struggle
in Kenya, and i t ' s applicability to South Africa where
they say that one thing that is important, is that it
is important to remember that in the age of Imperialism
murder and violence become the order of the day, and
it ' s also, my lords, entirely consistent with that
National Executive Report A.37 - the paragraph dealing
with Fascism, which says, that Fascism arises when the
conditions are ready for it , and that in Fascism one
gets this state of affairs where your duly constituted
authority maintains its power by force.
But, my lords, this idea that is being used
to tell the people - cut the Imperialists and remember
Imperialism lives by armed force, terror and war.
Luthuli, my lords, agrees with paragraph 11
although he says he wasn't sure that Imperialism lived
always in war. And Resha said, my lords, he didn't
quite follow the whole paragraph. But we submit, my
lords, that this paragraph describes the African Na-
tional Congress view on Imperialism andits threat to the
Liberatory struggle.
Paragraph 12, my lords; in this paragraph
which is headed "The Socialist World" - that was put
to Luthuli for comment at page 13324 to 26, and this
is the paragraph which Resha says he didn't have know-
ledge of the facts contained in this paragraph. This
is the paragraph, my lords, which reads as follows; -
18990
MR. TRENGOVE
After dealing with the s truggle for liberation, paragraph
12 deals with the Socialist world, "But the struggle of
the people for their freedom cannot be held back by force
and terror. In the age of Imperialism the people's
struggle for their freedom has grown strong, strong enough
for whole sections of thewnrld's peoples to break out of
the net of oppression and to achieve their national inde-
pendence; strong enough for the whole sections of the
world's peoples to burst out of the net of Fascism and
exploitation, to overthrow the old system of private
ownership of tools and machines and replace it with a new
system, a system we call Socialism, where there are no
masters, no exploited men, but where all the factories,
farms and mines, and machines, are owned by all the people
who work it for their own benefit."
Now, Luthuli's comments, my lords, were that he
didn't agree that the object of overthrowing the old system
was necessary to introduce wholesale nationalisation, and
he says, my lords, that Socialism as described in this
paragraph is very much Communism as he understands it.
My lords, our submission is that the effect of
this article is that it unequivocally suggests that a
system based on Capitalism and Imperialism should be
overthrown by force if necessary and should be replaced
by a Socialist State. And we say, my lords, if one has
regard to the use that was made of this lecture and the
time at which it was being made, which was early in 1955, /
it sars quite clear that it was being made with the object
of' preparing the people for the Freedom Charter in terms
- more or less in the terms in which at a later stage it
was adopted. This idea, my lords, that the means of
18991
MR. TEETOQVE
production, the factories, the farms, the mines, should 1
he owned by all, . .
BEKKER J; Mr. Trengove, that phrase 'bursting
out of the net of Imperialism', wasn't that used in
another document to which you referred?—
MR. TRENGOVE; No, my lords, I think it might 5
have been used by the Grown in describing the Liberatory
struggle, but I don't think, my lords, that it occurs in
any document with which I have dealt.
Then paragraph 13, my lords, having dealt with
and analysed the various tendencies in the world, para- 10
graph deals with the "World We Live In" . My lords, may
I give the comment of the witnesses on this lecture first
- on this paragraph. Luthuli said he didn't agree with
the suggestion division of the world into employers and
workers, and he didn't agree with the statement that in 15
China, the U.S.S .R. Poland and Hungary, exploitation of
man by man had been abolished. That's at page 13328,
my lords. And my lords, it was at this point, dealing
with this particular paragraph, that Luthuli made that
rather remarkable statement in which he said " I f I were 20
to express my views on these lectures outside Court I
think the Court itself would faint. " And subsequently....
MR. MAIS ELS; The Crown, not the Court.
MR. TRENGOVE; Yes, the Crown would faint.
And subsequently, when he was asked about that, he asked 25
to withdraw the expression and said all he meant by that
was he wouldn't labour the Court with a lengthy explana-
tion of his views. Now, my lords, Resha - - Luthuli's
comment is at page 13328 to 13335. Apart from these two
observations, my lords, Luthuli didn't disagree with the 30
18992
MR. TRENGOVE
rest of the paragraph. Resha himself didn't disagree
with the paragraph. Now this paragraph, my lords,
deals again with the division of tk< world into classes,
a small class of Capitalists who own the instruments
of production and a large class who work and are ex-
ploited.
Then it refers to the fact that we live in
a world divided into Imperialist countries, England,
Holland, France, Belgium, America, who oppress and ex-
ploit the Colonial countries, Africa, Asia and South
America. We live in a world divided into two sections,
where Capitalism rules and exploits the people, and
a sector where the means of production become the common
property of all people and exploitation of man by man is
abolished - China, U .S .S .R , Poland, Hungary, Roumania
and Czechoslovakia.
And then he says, my lord, "We live in a
world aflame with the fight for freedom of Imperialism
and Exploitation through which the people move steadily
forward to better lifer
And then, referring to the position in South
Africa, it is the Congress Movement which organises the
people in Africa for its great democratic struggle.
"Our Congress Movement is part of the great world brother-
hood for liberty". " If we go forward as others have done
to burst out of the net of Imperialist oppression, we
must understand "This world we live in" . We must under-
stand our own country and our own lives. We must under-
stand how the country's life changes and how best we can
help that change."
Now that, my lords, is entirely in agreement with
18993
MR. TRENGOVE
African National Congress policy set forth in the documents
we have already dealt with under the Liberatory Struggle.
Now, my lords, that is A .84 , and Luthuli concludes
his comments on those lectures by saying that the one point
the lectures do stress is the struggle for freedom will
be achieved by the overthrov/ of Capitalism and Imperialism
and in its place a Peoples Democracy, a Socialist State.
My lords, that is exactly what these lectures try and say.
Then, my lords, the next lecture is A .85 , which
is "The country we live in" . My lords, as far as the
general comment is concerned Resha says that he understood
this lecture, he understood practically the whole lecture,
except paragraph 15 which deals with Fascism - that he said
he didn't quite understand. He also said that there were
some parts of the lecture which he didn't agree with, and
some parts which didn't stress A.N.C. policy, which was in
conflict with it as he saw the position. At page 16949
to 16952. My lords, our submission is - - -
RUMPFF J; Mr. Trengove, when you mention these
page numbers will you just pause, just after you mention
them, because we want to write them down.
MR. TRENGOVE; Yes, your lordship, I 'm sorry.
Pages 16949 to 16952. My lords, Mandela in his comment
on this lecture, Exhibit A.85 I think could be summarised.
He says that he found nothing inconsistent in the lecture
with Congress policy, insofar as it gave historical, eco-
nomic and political analyses of South Africa, that he was
in agreement with it. That occurs, my lords, at pages
15873 to 15874.
Nov/, my lords, this lecture deals with the
history of South Africa as the Congress Movement sees it 30
18994
MR. TRENGOVE
it deals with the new invaders, and how the Imperialists
came into South Africa and how the Imperialists made
South Africa to suit themselves, and my lords, it deals
with property, land ; and then, my lords, in paragraph
9 there is a paragraph headed "A system of Oppression",
and it states, my lords, "This is the system Imperialism
has built to protect its high profits at the expense of
the people of South Africa; such a system, a system by
which a small group of men grow rich at the cost of the
misery and slavery and poverty of the man, is always in
danger of overthrow by the oppressed people. This is
true of South Africa also. Imperialism can only survive
by the use of force on the one hand and on the other by
dividing the oppressed people and turning their anger
and discontent away from their real oppressors and against
their fellow oppressed. This is how Imperialism survives
in South Africa." And then he deals with Imperialism in
South Africa.
Nov/, my lords, this thought, this system
which is always in danger of overthrow by the oppressed
people, it was that very thought which Resha and Mandela
used in explaining why they said that campaigns like the
Defiance Campaign, or any other campaign of that nature,
would affect the safety ayLd security of the State. They
accept this view that a system such as this, the Imperial-
list system, the ruling people are always in danger of
overthrow by the oppressed people. And that is what
they are teaching volunteers of the Congress Movement,
to act on that basis.
Then, my lords, dealing with the way in which
Imperialism maintains itself, the next paragraph to which
18995
MR. TRENGOVE
Iask your lordships to refer in this connection is para-
graph 11. "They rule "by force". Before dealing with
that, my lords, I may say in respect of the previous
paragraph, that Luthuli also agrees that in South Africa
we have a system which is always in danger of overthrow
by the oppressed people, and he says that means that our
struggle, the straggle of the oppressed people and the
struggle to bring about a change - - and he says that
against such a struggle Imperialists can only survive
by the use of force and that is the position in South
Africa. Page 1334-1 to 13343? my lords.
Then paragraph 11, my lords, "They rule by
force". "From these hired allies and from the most dena-
tionalised and de-classed section of the oppressed Im-
perialism has built up a vast network of force; the
police, commissioners; superintendents and armies and
workers, to suppress by force the National struggle of
the oppressed. Alongside its armed forceis ranged a
whole lot of supper terd iind gangers-on, politicians
who preach racialism anc" oppression as a new Holy religion
- hooligans who use violence as a source of terrorism
to terrorise the oppressed. Ministers of Religion who
. . . . the inferiority of the oppressed, and the fitness
of the Imperialists and their supporters to rule. Thus
Imperialism ha& built South Africa and thus it rules."
Now, n.y lords, that thought, that idea, that
Imperialism has built in South Africa a system of oppres
-sion, a vast network of oppression, that, my lords, is
the same thought that was expressed in the lecture N.R.M.
35, "How South Africa is Governed", at page 15856. These
lectures are used by the African National Congress where
18996
MR. TRENGOVE
they see and they describe the State as the machinery
of oppression.
Now, my lords, Luthuli said he didn't agree
with this, that the police are a force "built up by the
Imperialists to suppress the National struggle. He says
because every State must have administrative arms. He
says that at page 1334-6, my lords. My lords, that may
be Luthuli's view but it is not the view of the African
National Congress in the Transvaal who published this
lecture "How South Africa is governed" in which they say
that behind Parliament stands the body of armed men -
the armed force - to see that the laws are carried out.
He says none of the bodies is impartial, none of them
act against the ruling class because they are higher
in force.
My lords, i t ' s too late for Luthuli to say
that was not their view; that was what they taught the
people and we submit, my lords, that that is what they
taught the people because they knew that they were bring-
ing the masses in conflict with this rule of force of
Imperialism, and they knew, my lords, what the inevitable
results would have to be. One can ask oneself, my lords,
why educate the people on these lines; what is the pur-
pose; to what type of discussion can it lead, and we
say, my lords, it can only lead to incitement against
the State as constituted.
BEKKER J: Y/hat do you say the suggestions made
by the various witnesses is ; these lectures were only
going to serve as a basis for discussion.
MR. TRENGOVE; My lords, your lordships will be
referred to that circular of the Transvaal - Congress
18997
MR. TRENGOVE
of the people. These things are for the people to
study so that they know how to liberate themselves,
my lords; how people should liberate themselves.
So that you know how to give the right answers to the
right questions.
My lords, this isn't study, this isn't educa-
tion. This is indoctrination, my lords. This is what
they want the people to accept. My lords, this con-
sistently biased attitude to everything that is against
- or that can affect the people in their liberatory
struggle as the African National Congress sees it ; any-
thing that can affect them adversely. That, my lords,
is never given to the people. Your lordships will have
to ask yourselves why this entirely biased view, why in
every lecture, in every report, in every document used
for political education - does one get only the one side
of the picture, and this consistent attack upon the
State as being the instrument of oppression, ruling by
force and violence.
Now, my lords, we say that that makes it
abundantly clear that it was not in the course of ordi-
nary discussion - an exchange of ideas - - this is
indoctrination, my lords. This was incitement, my
lords.
Then paragraph 12, my lords, of this lecture
deals with Parliament makes the State and Parliament
the body which makes laws - it has been carefully de-
signed to ensure that it never acts against the in-
terests of the Imperialists; that is expressed in
the lecture by Mandela - also in the lecture "What
every Congress member should know."
18998
MR. TRENGOVE
Then the paragraph "Rule by Decree" which says
that in this country they move in the direction of a
brutal dictatorship which is prepared to stifle the vote,
and then, my lords, paragraph 14, Luthuli agrees with
paragraph 13 at page 13348 to 49, and then paragraph 14,
my lords deals with the passing phase. I ' l l quote
just one portion from it, my lords, dealing with the
development of Imperialism. It states s "In conclusion
- but as the discontent and the revolt of the oppressed
arises it , namely Imperialism, is forced to strip off its
democratic pretences and to reveal itself in all its
nakedness as a mile of despotic power based on force
and racialism."
I invite your lordships again to refer to this
Report, A .37 , dealing with Fascism, in which they make
exactly the same point, exactly the same, my lords.
And this paragraph, my lords, Luthuli says
he agrees with the statement in this paragraph, page
13349 to 13350.
And then, my lords, paragraph 15 on Fascism
which is the paragraph which Resha said he didn't really
understand; that paragraph reads as follows: "We are
entering the last days in the history of Imperialism,
the stage where democratic pretence gives way to open
terrorist dictatorship, called Fascism. Fascism, the
onen terroristic dictatorship of the most reactionary
racialistic and bloodthirsty section of the Imperialist
ruling class. This is the system that is actually grow-
ing up under the Nationalist Government. To challenge
it there is a need for a close unity of all the oppressed
people, together with all those democratic and liberty
10
15
20
25
30
18999
MR. TRENGOVE
loving sections of the European people whose future is
threatened by Fascism. Such an alliance can not hope
to defeat Fascism, only by seeking to change the govern-
ment of the day, for Fascism is not a particular body
of men; it is something that grows out of the economic,
and social conditions produced by Imperialism, and can
only be defeated by such sweeping radical changes in
those conditions as will destroy for ever the breading
ground of Fascism, let us study what they say you should
be if the alliance is to destroy Fascism before Fascism
destroys the people."
Now, again, my lords, I say it is exactly the
type of thing - the view expressed in A. 37 - the Executive
Report, my lords.
And, my lords, Resha who didn't understand this
paragraph, i f he doesn't understand that he doesn't under-
stand the African National Congress view and policy in
regard to the present State, and if he doesn't understand
that, my lords, i t ' s difficult to see how he could have
understood the statement in the Transvaal Executive Re-
port published in Exhibit J .D.M.29, which was put to him
and with which he agreed, that Capitalism has developed
monopolism; Capitalism has now reached the final stage
of monopoly capital gone mad, namely Fascism.
That was put to him at page 16935 and 38
and 16949 to 16951, my lords. And, my lords, we res-
pectfully submit that this approach to the State,
teaching people, even for the purpose of discussion
or study, teaching them along these lines - - my lords,
they don't pose the question here, they don't suggest
19990 19000
MR. TRENGOVE
that merely we will discuss the nature of the State, or
what has happened. They make a positive averment, whe-
ther it ' s for discussion or not, that this is the nature
of the State and it 's borne out by their own documents.
BEKKER J; Well, in a sense I suppose it is there
for discussion if you look at the questions at the end of
each lecture; what do those questions do?
MR. TREHGOVE; Yes, my lords, the question it
wasn't a question at the end of that lecture, but the
questions are the following: Take this 'Rule by Decree',
ny lords. They say what rule by decree is, then the
questions are: Are there any groups amongst the Europeans
whose interests lie not keeping oppression but in ending
it. If so, how can the Liberation win them to support
its aims? It talks about a group amongst the Europeans
who could be won for the Liberatory struggle.
MR. M I S ELS; Groups.
MR. TRENGOVE: What is it that breeds Fascism?
And what changes in the laws and customs of Africa will
be needed to overcome the growth of the Fascist organisa-
tion and ideas? My lords, the question is not "Are you
satisfied that we have Fascism in South Africa, or is
South Africa a Fascist State. It says "What breeds
Fascism in Africa and how can we change it?" The
third question on the Rule by Decree was: "How is it
possible for European workers to save their democratic
rights and liberties and to protect their standard of
living from the attack of the Fascists?" The question
is put on the assumption, on the basis, my lords, that
those who have been indoctrinated are going to accept
the existence of a Fascist State. My lords, in the last
lgooi
MR. TRENGOVE
paragraph which is the conclusion of this lecture, a
paragraph which I 've just read out to your lordships,
about "We are entering into the last stage of Imperialism"
"the stage where democratic pretence gives way to open
Fascism " It makes those averments and calls
upon the readers of this document, the people in the not:
study classes, to decide/"Now are you satisfied, have we
got a Fascist State or not in South Africa". It sayss
"Now we must consider how we are going to destroy this
Fascist State before it destroys the people".
My lords, if one may say so, the questions in
these lectures are what one may say are leading ques-
tions; they put the answer in the mouth of the student.
The third lecture, my lords, is "Change is
Needed", A .86 . and this was a lecture which Resha said
he understood as a whole although there was one state-
ment in the last paragraph which he didn't agree with,
that the State should be in the hands of the workers;
he says it should be in the hands of all the people.
My lords, the lecture "Change is Needed" has a para-
graph "First things First", and this is important, my
lords because the African National Congress are trying
to rely on the non-violent nature of their struggle
in showing that they were prepared to co-operate with
other groups, other peoples of whom it c~>uld not be
said those groups were violent in any way. Now it
deals v/ith "First things First". This lecture states
inter alia, "Every change makes it easier and closer the
the day when the whole Imperialist system will be over-
turned is something to be worked for and valued. Such
changes which do not of themselves end Imperialist op-
19002
MR. TRENGOVE
pression are the changes which other outside Congress
Movements, even opponents to Congress, also sunt for
their own reasons." So they say, my lords, "We want
to overturn the Imperialist system." That object can
be promoted by working for other changes in which'other
people are also working for, even though the other people
do not work for it with the object of overturning the
system. So that it says, my lords, "It would be childish
and foolish to say that because these others are not pre-
pared to go all the way with us in seeking to end Imperial
ism therefore there can be no short lived alliances with
them for the immediate things we all want. For immediate
changes we can find allies outside the Congress Movement
who work together with us along our road for short times.
Such as has been the case in the campaign against the
removal of the Western Areas in the fight for the recog-
nition of Workers' trade unions. It is from campaigns
like this, in which we work with allies, whom we know
will not always be with us, that we build up our strength
and our support for the great sweeping changes that must
be made before Imperialism is ended." So that, my lords,
it 's a very clever policy; they are working, my lords,
for the overthrow of the system; they use, and they
even form alliances with groups who are working for partic
lar changes, and the Congress Movement forms that alliance
with these groups for the time being, because it sees in
that alliance a method of ensuring its ultimate object,
the overthrow of the system.
So that, my lords, one gets these questions
arising out of this, What accounts for the difference in
attitudes of the United Party, Nationalist Party, Labour
19003
MR. TRENGOVE
Party, liberal Party - to solve the question of the non- 1
European vote. Can the Congress Movement get any benefit
from the election of some of its members to such bodies
as Parliament, Advisory Boards, etc. , etc. You can co-
operate for the time being if it suits you. luthuli
agrees, my lords, with this paragraph, page 13353 to
13354.
Then, my lords, sweeping changes - paragraph
3. And under that paragraph it deals with the changes
that the Congress Movement must seek and they say, my
lords, "We must have a look at Parliament", and it re- 1 0
presents only a minority of the people. We've called
it an exclusive club for the Imperialists, the farmers
and their hangers-on, and therefore they say "We want a
completely changed type of Parliament from the one we
know that one must disappear and a new kind of Par- ^
liament must replace it . That, my lords, is exactly
the same view as was expressed in the lecture "How
South Africa is governed", N.R.M, 35, and i t ' s the
same view, my lords, as is c x j s r c b y the Transvaal
Executive, "What every Congress member should know" - 2 0
the portions that were read into the record are at
page 930 to 931, my lords.
Luthuli agrees that the changes thatthey
want are radical: he agrees v/ith the statement that
it must be a Parliament freed from the South Africa 2-
Act, the so called Constitution which enshrines the
principle of white supremacy.
And then at paragraph 4, my lords, they
pose the ^question, " Is it possible?" The lecture
poses the question in paragraph 4 " Is it possible".
19004
MR. TRENGOVE
Con such a radical change "be made little by little, by 1
one reform after another, by a long period of small con-
cessions.'1 Then it says; "let us look at South Africa
as it is; is it Parliament alone that rules?" and then
they deal with Parliament that upholds its authority by
armed force, the armed force it controls, and it says 5
"That we call the State. The police who are paid to
uphold the ruling class, the army who back the police,
and special bodies of men - armed men - they all constitute
the State.
Now, ny lords, they make observations in this 1 0
lecture that this whole system, the State, the Police,
the Prison warders - everybody who presides over its
class laws - they are the oppressors, and i t ' s the same
idea, my lords, as is in other documents. But then it
says, my lords, "These special bodies of armed men - - !5
I 'm sorry, my lords. "It consists of a permanent army
to back up the police whenever necessary against the
people at home, or the enemies abroad who threaten the
present ruling class" Nov/ that, my lords, is exactly
the view expressed in another v/ay in the case of Rex.
vs. Christiaan, 1924, Appellate Division. It says
that the State is there to exert its authority against
anybody who attacks it , either at home or abroad, and
they say that this system of the army and the police
are being used against the people at home* or enemies 25
abroad who threaten the ruling class' .
My lords, who was threatening? Was the
African National Congress threatening the rule of the
ruling class? And if it was, my lords, they knew that
I 3q
19005
MR. TRENGOVE
the army backed 'by the police would be used by the State
to maintain its position. If they were not threatening
the rule of the ruling class, if they were merely want-
ing to negotiate, my lords, how is it relevant that one
has this system? And how is it relevant, my lords,
that the people at home should be placed on the same
level as enemies abroad who threaten the rule of the
ruling class?
And so, my lords, it is clear that they rea-
lised that what they were doing was constituting inter-
nally the same threat to the existence of the State as
the enemies abroad would constitute to the State.
And then ultimately, my lords, they say that
one cannot get this type of rule by a series of minor
concessions. And they sayone can only get it if you
have a new kind of State, a State of peoples equality
and liberty which they call a Peoples Democracy.
Luthuli, questioned at page 13356, agrees with
the general sentiments in this paragraph, particularly
with the statement that Parliament maintains itself by
armed force, by the arned force it controls, and he
also agrees that the army, the police and so on consti-
tute the State.
Then, my lords, paragraph 5, !;How is it pos-
sible". How one would have thought, my lords, if this
had beeen a basis for discussion, one would have thought
under "How is it possible " that they would have suggested
negotiation as a basis, but, my lords, what they say is
very far from any indication of negotiation. What they
work for, what they work for is to overturn the very
basis of Imperialist suppression.
19006
MR. TRENGOVE
And, my lords, we suggest that the evidence -
the argument to your lordships will still be presented
by this Court, and it will show very clearly that these
lectures were used to prepare the people, the Congress
of the People, to prepare them for the type of demands
they wanted and it also served as a basis to educate
the people as to what they should expect if they strive
for the implementation of the aims of the Freedom Charter
which was adopted in June of that year.
And we say, my lords, it is these documents
- these lectures - were used for the education of the
volunteers and one thing they were not being prepared for
was for negotiation.
My lords, talcing the other evidence to which
we will still refer, we say they were being prepared for
revolution.
Now, my lords, Resha himself relied - and
other witnesses too - on the lecture "Self Dicipline for
Volunteers", by Dr. Naicker, and his evidence in regard
to this lecture and to the extent to which we used it
is to be found at page 17123 of the record. My lords, we
say that this lecture "Self Dicipline for Volunteers"
is not inconsistent with, but is entirely consistent
with the training and purpose for volunteers as the
Crown puts it . This, my lords, this need for iron
dicipline and the need for developing discipline - -
the place where the strictest discipline is required
my lords, is in the Army, and the fact that one wants
discipline and disciplined men - that, my lords, did
not mean that your organisation is non-violent, or
that your volunteers are going to be used merely for the
19007
MR. TRENGOVE
purposes of organisation, or for the purposes of collect-
ing demands from the people for the Freedom Charter
or for educating the people.
Dr. Naicker makes it very clear, my lords, in
his lecture why this discipline is necessary. He says
in this lecture - - the lecture deals with the attain-
ment of the objects to which they aspire through the
Congress of the People, and it also deals with the
political struggle of the people during the period 1952
to 1956, and he says in the lecture, my lords, "When we
review our political actions in 1946, 1950 and 1952
we find we have come a long way together up a steep and
difficult mountain, at the summit of which lies complete
victory for the forces of Freedom, peace and democracy."
MR. MAISELS; What page is that?
MR. TRENGOVE; This is Dr. Nacker's lecture,
the whole lecture has been put in. He says, "We are al-
most in sight of the top, but as with most climbs that
are worth doing the final cliff is the most steepest
and exacting of all.'1 And he says, my lords, "We also
find that during previous chapters of our struggle we
were able to rouse the people by mass propaganda and at
the cessation of activities we lost support and general
interest in the struggle and it waned."
So that, my lords, one of the things that
you require is discipline and that you require it for
is to maintain the interest of the Freedom Volunteers
that you have recruited, and why do you want to maintain
their interest? Because, my lords, the non-violent army
of liberation would at a certain time be used on a higher
19008-
MR. TRENGOVE
level. I t ' s not, my lords, as if they were being recruited
merely because of a falling away - - in between campaigns
interest must be maintained, and that can be done, my
lords, by discipline.
My lords, Dr.Naicker's lecture says "This was
due to the fact that the leadership failed to understand
(a) the political immaturity of the numbers who partici-
pated in the struggle out of frustration and hope rather
than from a true and real practical understanding of
the necessity for such a struggle, and (b) that every
participant in the struggle required practical demonstra-
tions and education to understand firmly the freedom
programme andthe type of struggle necessary to accomplish
that programme. Hitherto we have depended solely on
the discussions and lectures in endeavouring to keep
the freedom lovers politically informed."
So we submit, my lords, that what Dr. $Taicker
wanted was that he wanted some form of discipline which
would enable them to keep the interest of the volunteers
during periods of inactivity, and that was the purpose
why self discipline had to be cultivated and encouraged,
and that, my lords, is why Dr. Naicker says, dealing
with the full value of discipline, that is why he says
"Civil protests, disobedience and resistance, mass or
individual, is an aid to constructive effort and is a
full substitute to armed revolt; just as military
training is necessary for armed revolt. Training and
constructive effort is necessary only when the occasion
demands it , even so is the use of civil resistance.
There is no freedom or democracy from the oppressor
without sacrifice and suffering, and just as an army
19009
MR. TRENGOVE
will acquire no success unless it is disciplined, so 1
will a civil resistance movement not attain the fruits
of its struggle without discipline. The most successful
general throughout the history of war stressed the import-
ance of discip"|ine which was responsible for 75$ of the
Army's victory. Discipline in a non-violent struggle 5
cannot be over-emphasised. The form of struggle we are
wedded to requires moral courage, determination and
sacrifice, apart from political understanding, unity in
co-operation. In violence, truth is the greatest sufferer,
in non-violence truth is triumphant. In non-violence 10
discipline is a vital necessity."
Then he deals, my lords, with the practical
way of cultivating this discipline. Mymlords, that is
not inconsistent v/ith the attitude of the Crown that
volunteers must be disciplined; their interests must 15
be maintained, and at a certain time, my lords, the
volunteers would have to be prepared to accept orders
and do things that are illegal or legal; they'd have
to accept without question the commands of their superiors.
That spirit only can be developed by exercising them to 20
discipline.
BEKKER J: What page is this, that you have
just quoted from?
MR. TRENGOVE; My lords, I have quoted from
the lecture itself; I ' l l give your lordships the pages 25
a little later.
(COURT ADJOURNED FOR 15 MINUTES)
j
_ &
19610
MR. TRENGOVE
ON THE COURT RESUMING;
MR. TRENGOVE; My lords, I was dealing with
this document, "Self Discipline for Volunteers" by Dr.
Naicker. This document is in the record under a variety
of exhibit numbers. The exhibit that was put to Resha
for his comments was Exhibit T .E .T .54 , which was put to
him at page 17123 of the record. I t ' s also in the record
under a number of other echibit numbers. My lords, it
hasn't always been read in in full , but the passages that
I have referred to will be found under C.55 in vol.11,
where my learned friend Mr. Kentridge referred to exhibit
C.55 and C.288, my lords. Then he asked leave to read
into the record, I think it was from T.55 , and that, my
lords, is a document which is headed "Self Dicipline
for Volunteers of the Congress of the People", and it
contains, my lords, the speech actually made by Dr.
Naicker at the Congress - Conference of the Congress
of the People on the 5th September, 1954.
Now, my lords, that speech was reproduced as a is
study document and in the speech this document/referred
to at page 2045 of the record; the portions to which
I have referred are contained in 2045, line 10, where
he starts, "When we review our political act ions . . . . r
and it goes on, my lords, and the paragraphs to which
I have referred - - I see I made a mistake in referring
to political immaturity, it should have been political
maturity, my lords, as such; that paragraphs that I (
referred to are contained at 2045 and 2046, to the
top of page 2047.
BEKKER J: Mr. Trengove, you say your submission
on this branch of the enquiry is that the Freedom volunteer
19011
MR. TRENGOVE
had to b^ disciplined and non-violent for a purpose,
that purpose heing when the masses were ready, until
the time when the masses were ready, they had to control
themselves?
MR. TRENGOVE;; Yes, my lord.,
BEKKER J ; And is it part of the Crown case
to establish, or must the Crown establish when that day
would dawn?. When the masses were ready?
MR. TRENGOVE; No, my lord. We don't know,
my lords. That would be for the African National Congress-
or the Congress Movement to decide .///But we do say, my
lords, that these campaigns, one of the things that they
tended to do was that they tended to raise the political
consciousness of the people, the masses. They tended,
my lords, to enable the Congress movement to test the
political climate; they enabled the Congress Movement
to gauge the preparedness of the masses, to take such
action as the African National Congress might think fit
at a given stage.
BEKIE R J: Yes, well, in regard to the Western
Areas I think you said this morning, correct me if I'm
wrong, that it was not the intention to hove actual viol-
ence?—We don't say, my lords, that it was the intention
in the Western Areas Campaign, that that campaign was
planned as such that the overthrow of the State by violence
was planned for the day of the first removal. We say, ray
lords, that they planned a campaign in the Western Areas
which was unconstitutional, which was illegal and which
they knew could result in a violent conflict between the
State and themselves. The facts, my lords, that it could
19012
MR. TRENGOVE
result in a blood bath, as they said, didn't deter them
from it , because that kind of violent conflict between
the State - they accepted that that furthered their
struggle , that furthered their struggle for the overthrow
of the State ultimately by violence. Any type of
violence, any type of violent action in which they could
engage the State, promoted their struggle.
BBKKER J: What I'm just wondering is , would
not violence at the time of the Western Areas Campaign
have had a very detrimental effect on the struggle as a
whole? In the sense that if the Government had stepped
in and had embarked on a blood bath, that it might have
marked the end of the Congress struggle. You see, if
the time wasn't ripe in the eyes of the leaders, if
the volunteers had to control themselves, even at this
stage, to avoid violence, one poses this question, why
should the Congress be indifferent to violence at the
time of the Western Areas Campaign?
MR. TRENGOVE; My lords, the Congress was in-
different to violence in the sense that they whipped up
the feelings of the people in the Western Areas to a
state of hysteria, and they were leaving it to the
people themselves to decide what would happen if they
met the forces of the Government, and, my lords, as
I explained yesterday, if they wanted to avoid violence
at all costs, at all costs, why embark on the Western
Areas Campaign in the way they did?
BECKER J ; Well, I ' l l answer that by asking
you a question. Why then instil in the volunteer this
absolute need for self control and discipline, if they
19013
MR. TRENGOVE
are indifferent to violence at that stage?
MR. TRENGOVE; My lords, I don't know if they
wanted the volunteers to engage in violent action at
that stage. We don't know, ray lords; they were in the
Western Areas Campaign - they were placing the State on
the one hand and the masses in the Western Areas on the
other » and they were creating a condition which could
result - on their own admissions, my lords - which could
result in a violent conflict. Now why do that? We do
not say, my lords, that in that campaign this vanguard
of the Liberatory struggle had to at that stage commit
gets of violence, but, my lords, throughout this period
of the Indictment, they were creating situations which
they could use against the State, which they could use
to raise the political consciousness of people, and which
they could abuse for their own purposes.
BEKKER J; So b r ^ d l y speaking, the Y/estern
Areas Campaign on the Crown case is merely a further step
towards preparing for the ultimate onslaught.
MR. TRENGOVE; On our evidenoe,my lord, the
ultimate clash. Ana, my lords, we sey this - we use
the Western Areas to show that one cannot proclaim in
general teri^s a policy of non-violence, and disavow
any suggestion of wanting violent action, if the very
thing that you do,on your own showing, could have that
result. Your lordships are concerned amongst other
things with the state of mind of the people involved
in this Movement, and whether they had the state of mind
which seeks ultimately to negotiate, or whether they have
the state of mind which by a serious of violent conflicts
hopes to bring the State to its knees and to coerce it
19014
MR. TRENGOVE
into negotiation.
EBKKER J: Yes.
MR. TRENGOVE; My lords, it 's not necessary
for the Crown to show, in saying that it 's a conspiracy
to overthrow the State by violence - it ' s not necessary
for the Crown to show that at a certain stage two large
masses of people were going to be engaged in a violent
revolution. We can also show, my lords, by a series
of conflicts which in themselves are v iolent they want
to bring the State to its knees. They watt to overthrow
the State by that . . .
EEKKER J; Yes, that I follow, but you don't
suggest that that is the case with the Western Areas?
MR. TRENGOVE; My lords, our suggestion is . . .
BBKKER J; In the Western Areas it was intended
for a violent conflict with an idea of overthrowing the
State as opposed to acts ' of preparing for t he final on-
slaught .
MR. TRENGOVE; Our contention of the Western
Areas, my lords, is that there was a reckless disregard
as to whether violence would result or not.
EEKKEE J ; Yes; that I understand.
MR. TRENGOVE; If violence did result, my lords,
it would have assisted them as much as the fact that it
was avoided by the restraint of the State in removing the
people. If they had had a blood bath there they would
have used it , my lords, as they used the strike in 1946
where people were killed; as they used the May Day Strike
where people were killed; as they used Witzieshoek
fahere people were killed.
19015
MR. TRENGOVE
BEKKER J; Then why wouldn't it have suited
them if the volunteers had been violent?
MR. TRENGOVE; Why wouldn't it have suited them,
my lord?
BEKKER J; If they had trained the volunteers to
be violent.
MR. TRENGOVE: But they did, my lords.
BEKKER J; By exercising self discipline and
control . . .
MR. TRENGOVE; My lords, an analogy: if an army
attacks there may be an order to every private in that
army not to shoot, but the fact that he is told not to
shoot doesn't mean, my lords, that at the time when the
order is given he must shoot; he is not obliged to obey.
And that is the very point, my lords, that I want to deal
with now, and that is the speech of Ndimba, and the speech
of Resha. My lords, one must have a disciplined army
if you are busy with dangerous conduct, and you cannot
have people doing things on their own out of their turn,
but, my lords, the very essence of discipline is this,
that when the order comes, whether it ' s legal or illegal,
whatever the order is , then it must be obeyed.
BEKKER J : I t ' s really speculation - one doesn't
know, of course, but what is your submission, why wasn't
the time ripe in 1955 or thereabouts for this final on-
slaught? At the time when the volunteers were told:
"Now look, you've got to control yourselves". What would
have happened if there had been . . .
MR. TRENGOVE; My lords, for some reason or
another they wanted concurrently with that strike - with
that resistance there, they wanted the nationwide strike.
19016
MR. TRENGOVE
i
We don't know . . . .
BEKKER Ji Is this the Western Areas?
MR. TRENGOVE% Yes, my lord. Concurrently with
that they were going to have the Nationwide strike. One
doesn't know, ray lords, what happened in the organisation
- why it didn't come to pass.
BEKKER J; Well, apparently the police stepped
in ahead of time . . .
MR. TRENGOVE; No, my lords, the evidence is
not that . . .
BEK3E R J; On the s trike - - "because they were
not quite ready and because the police stepped in ahead
of time, they weren't in a position to carry it out.
MR. TRENGOVE; Yes. Now, ray lords, they didn't
call off the strike because the Western Areas Campaign
was anticipated by three days. For some reason or
another the Nationwide strike was not properly organised
for this occasion.
BEKKER J; Yes, well, I think Resha said that.
MR. TRENGOVEs Yes. Now, my lords, we can
only speculate. Your lordships are asking me to explain
why . . .
BEKKER J; Well, as a matter of probability on
what we do know.
MR. TRENGOVE They were not ready, my lords.
The Western Areas Campaign couldn't by itself have the
necessary effect without the backing of the Nationwide
strike, engaging the State not in the Y/estern Areas only
but throughout the country. I'm giving that answer, my
lords, because your lordship has put that question to me.
19017
MR.TRENG-OVE
That's one of the reasons we can advance, my lords.
My lords, just before dealing with the meet-
ings, there is one other study document to which I in-
vite your lordships' attention and that is the Youth
League Summer School lectures, Exhibit N.A.81 which is
also R.F.51 which was identified by Conco at page
11289 and 11925. I invite your lordships' attention
to the introduction by luthuli at pages 3714 to 3715
and to the article by Matthews on African Nationalism
at page 3716 to 3722, and I say, my lords, that article
too was a basis of instruction which is entirely incon-
sistent with any suggestion that they would bring
legitimate pressure to bear and negotiate with the
oppressor for their demands.
Now, my lords, I deal now on this question
of volunteers with one or two meetings. My lords,
volunteers were not only recruited and instructed at
public meetings; it is clear on the evidence that
both in public and in secret meetings were being held
in which volunteers were being given instruction.
My lords, we refer firstly to the meeting
of the 22nd November, 1956, of which your lordships
have heard the tape recordings read into the record at
page 8141 onwards. Now, my lords, this was the meeting
at which Resha told the volunteers if they were told
to be violent they had to be absolutely violent, if
they were told to kill they had to murder, murder,
murder. Now, how is this speechexplained? My lords,
one fact we will ask your lordships to have regard to
is the unsatisfactory explanations that have been of-
fered by the Defence in an endeavour to reconcile the
19018
ME. TEMOVE
making of the speech of this nature with the so called
policy of non-violence?
Now, my lords, Conco in his evidence was asked
about this speech. Conco at page 11232 to 11240 said
- this is the effect of his evidence - that Resha confirmed
to him that this meeting had been held, but he said, al-
though Resha said it was a meeting of volunteers Resha
couldn't really remember what he had said there; that
is the effect, my lords, of Conco's evidence. Now I'm
not concerned at the moment, my lords, with whether
Conco was truthful or not, but one doesn't make this
type of speech and forget about it , and if you do make
this type of speech and you forget about it , the only
explanation can be that you've become accustomed to
making this type of speech; it 's nothing unusual.
Luthuli, my lords, was asked about this speech
and the interesting feature . . .
BEKKER J ; What did Conco say, why did he ask
Resha whether he had made this speech?
MR. TRENGOVEs My lords, he heard the speech
at the Preparatory Examination.
BEKKER J; Yes.
MR. TEEN&OVEs He read it there, my lords,
and he asked Resha about it .
BEKKER Jg Well, why? Did he say he was shocked
or surprised? Or .did he merely ask out of curiosity?
MR. TRSNGOVS; He also said that because the
matter was sub judice no action could be taken against
Resha. Conco at page 112^2 of the record said - he is
asked ( "Q) Now, doctor, you heard the eviddnce in this
19019
MR. TRENGOVE
Court of the meeting of the 22nd November, 1956 at West
Street?-- (A) Yes, I recall."
( "Q) When did you first hear of that meeting?— (A) I
first heard of it at Court here.
( "Q) You must have read of it at the Preparatory Examination
?— (A) Yes, when I say Court I mean the Preparatory
Examination." " I t ' s such a long time now."
Then he's asked about that.
(UQ) Now when you heard that evidence of that meeting at
the Preparatory Examination did you make any enquiries
into that meeting, or were you not interested?— (A) En-
quiries into what? In what direction?".
("Q) As to whether the meeting was in fact held, and
whether the things that were said were in fact said?—
(A) Well, I cannot deny that that meeting was held;
it is purported to have been held."
Then he is asked about where he enquired:
( n Q) Where did you enquire?— (A) Well, from the people
alleged to have been at the meeting."
( "Q) Resha?— (A) Yes. ( "Q) Moretsele?— (A) I can't
remember." I can't remember the list of people who were
at the meeting."
( "Q) So you did enquire?— (A) I enquired from Resha" .
( "Q) And did he confirm that the meeting had been held?—
(A) Yes." ( "Q) And what did he confirm? And did he con-
firm that the things that were alleged to have been said
there were actually said?— (A) Well, about the things
that were said he couldn't remember very well; he might
have made the speech, he might not; he couldn't remember
what he said there."
( "Q) But at the time that you asked him, he had already
19020
MR. TRENGOVE
heard what was alleged to have been said by him? He
didn't deny it?— (A) No, he didn't deny it . "
( "Q) Did you ask him who the people were who attended
that meeting?— (A) Well, we have already been told in
Court . , ." and then a few names are given. 5 '
( "Q) Now, doctor, didn't you take Resha to task for what
he said there?— (A) Do you mean personally? Or as an
organisation?" .
4 ( "Q) The question is , did you take Resha to task?— (A)
I can reprimand him personally about the speech; I told 1<
him it was wrong."
(MQ) Did your organisation take it up?— (A) No; I mean
the position is this, there is still a trial on about
these speeches. Well, to my mind while there is still a
trial , the truth about speeches and as to where they were 1
made, well, I cannot conceive of a trial within a trial.
(UQ) What did you think about the speeches", and he said
he can't remember everything, so many speeches were read.
He is then asked about the position . . .
BEKKBB J; I don't want to know that; I want 2
to know if he said why - what motivated him in asking
Resha.
MR. TRENGOVE; My lords, he explains that
later on, my lords; he didn't exactly say what moti-
vated him. He said, my lords he is asked about the
speech and at page 11235» my lords, to 236, this passage
is puts ("Q) Now you heard him say that on the tape
recording, and you heard the applause", then some pas-
sages are put to him about Resha and Nokwe, and theb,
at page 11238, ("Q) Now, doctor, would you agree, judging
Collection: 1956 Treason Trial Collection number: AD1812
PUBLISHER: Publisher:- Historical Papers, The Library, University of the Witwatersrand Location:- Johannesburg ©2011
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.