jglp̂t

22086 MR. TERBLi-NCHE

KENNEDY J; Tell me, what then remains? What 1

remains of Ntsangani's speech in the opinion of the Crown?

MR. TER3LANCHE; My lords, the portion I dealt

with yesterday . . . .

KENNEDY J ; Yes, I 'd just like to he reminded.

MR. TERBLANCKE; Where it was put to the witness, 5

my lords . . . .

KENNEDY J; I want to know what remains of his

speech on which the Crown relies?

MR. TERBLANCHE : There still reiaains, my lord,

that in our submission it 's an indirect advocacy hy this i 1 0

accused, referring to Kenya my submission is really

that the witness - although he said he couldn't remember

it , but he wouldn't argue with it - - that is correct,

but there really seems to be no reason why a person who

wants to say their s truggle is non-violent should refer to

these violent struggles in other parts.

KENNEDY J; We are bound by the evidence.

What is the Crown's attitude to what he said under cross

examination?

MR. 1ER3LANCHE s My lords ,Ntsangani gave evidence

on this and he at page 16246 said he could not have said

that . . .

KENNEDY Js I 'm talking about the cross exa-

mination of Ntsa^ani .

Mi;. TERBLANCI-IE ; My lords, my submission is

that the cross examination of Sogoni amounts to the usual

thing that these witnesses said, that they haven't had it

in their notes but they had missed many things and on that

basis, my lores

15

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25

30

22087 MR. TER3LANCHE S

KENNEDY Js Do you say we must read it as if it

could reasonably be thiss The African Nation . in South

Africa is not going to act like the Kenya people did, or

do you say that the cross examination doesn't carry it so

far?

MR. TERBLANCHE: My lords, in my submission

the cross examination does not carry it so far .

KENNEDY J; Why?

MR. TERBLANCHE; Because, my lords . . . .

KENNEDY Js Because the witness says "Well , if

you say that I 'm not going to argue with you; I don*t

remember whether he said not . . . .

MR. TERBLANCHE; He didn't remember i t , my lords

he couldn't remember it , but it wasn't in his notes, and

if it had been said in my submission it would have been in/

his notes. 1

H3KKER J: What worries me about Sagonij he

takes down a statement "We are going to do as the people

in Kenya do" from which he refreshes his memoiy; the

minute he agrees that the word 'not' might have been used

that renders hi3 notes suspect and unreliable.

MR. TER3LAMCHE; But my submission is he didn't

agree, my lords.

BEKKER J% Well, what does this mean, when he

says, "Well , I won't argue with that " .

KENNEDf J ; Why didn't he say "No, that's not

correct".

MR. TERBLANCHE; He said, may I get the full

context 4 . . .

RUMPFF J ; Mr. Terblanche, it seems to me that

22088 MR. TERBLMCHE

you are in difficulty . . . .

MR. TERBLANCHEs Possibly, ay lords; anyway, that

is the submission I make, my lords. He didn't agree that

it was said, and he only said that he won't argue with it

and he explained that by saying, "Well , I said I won't

argue because I didn't hear i t " . That was why it wasn't

in his notes.

My lords, I cannot take the matter any further than

that. I then deal, my lords, with the meeting of the 26th

June, 1955, and the speech quoted in the Indictment by

S , Nkalipi at page 9921, line 9 to line 15 . He is reported

to have said "The Congress of the People is meeting in the

Transvaal; anything can happen after the meeting, we don't

care. The American Republic was formed after a bloodshed,

so will the South African Republic be achieved after a

bloodshed. The Russian Republic was also achieved after

bloodshed at the time of Lenin. The Chinese people's

Republic was achieved by bloodshed "

My lords, NkamjB ni was the last speaker; particu-

lars of his speech were not given in evidence.

REMEDY Js I 'm sorry, I cannot hear you . . . .

MR. TERBLMCHE)s Nkampeni, my lords, was the last

speaker; no particularsof his speech were given in the

evidence. The cross examination on this meeting is at

pages 10010 and 1004-2. It is to the effect that a meeting

which took 2 hours was recorded on l£ typewritten pages.

Nkalipi's speech is recorded in just under 7 lines; it

was suggested to the witness that Nkalipi said that the

Congress of the People was meeting in the Transvaal and

indicated that anything might happen there because there

would probably be a large police force. The witness said

22089 MR. TERBLANCHE

said that he did not know whether he missed i t . . •

KENNEDY J ; Well , I suppose that means he could

have missed it 0

MR. TERBLANCHEg He could have missed i t .

KENNEDY J; The Crown accepts that? ^

MR. TERBLANCHE; Yes, my lords. Certain other

matters were also put to him and the witness said that he

did not know, but it was possible that Nkalipi said it .

He then referred to the portion where "The American Republic

was formed after bloodshed and so will the South African

Republic') and suggested it made no sense. It was further

suggested that Nkalipi went on to say that the Africans in

this country were not going to resort to violence as their

campaign is a passive one based on the principles of Ghandi.

The witness said he did not hear that but admitted he could

have missed i t .

Now, my lords, firstly on this cross examination

the usual admission made by these witnesses, that they missed

many things . . . .

KENNEDY J; I 'm sorry, I did not hear that.

MR. TERBLANCHE% The usual admission, my lord,

by these witnesses, that they could have missed these

matters, and the suggestion that that certain portion made

no sense in my submission it does make sense, read in the

cntext the reference to the American Republic being

formed after bloodshed, and that the South African Republic

will also be a chieved after bloodshed.

Now, my lords, Nkalipi gave evidence on this

meeting at page 15611. The first portion quoted in regard

to the American Republic, and Russia and China is where

22089 MR. TERBLANCHE

he said: " I can recall my speech of that to-day but as

I 'm listening it is not fu l l " . He said he could remember

making the references to those countries which were fight-

ing by violent means, and that theirs was not to be con-

ducted in such manner. He said that in the abstract the

Congressof the People was meeting in the Transvaal, anything

could happen after the meeting, "We don't care"; he said

he never used the words "Anything can happen". He said he

saids "Anything can happen there but we are not to fight. "

He did say anything could happen there because the meeting

might be attended by a large number of police; perhaps

there may be trouble there, but they were not to conduct

their struggle by violent means.

KENT.SPY J: What do you say about the overt a ct

in view of the admissions by Gazo and the evidence by

Nkalipi?

MR. TERBLANCHE: My lords, this evidence of Nkalipi

was not proved ti be untrue - it was not proved, my lords,

that this was untrae , . . I cannot say that this evidence,

in view of the cross examination . . . . but it is a fact

that your lordships should take into consideration, that

it appears from the evidence that e very reference he had

made to non-violent struggles was not recorded by the witness.

It seems to me that that is impossible . . .

KENNEDY J : I f the witness says this: " I attended

this meeting, it lasted a long time, I only got down portion

ofwhat was said, this is what I have reported" and he refers

to the bloodshed, the American revolution, and then he goes

on to say, "Well , in addition the speaker may have said

'We are not going to behave like that ' , and I didn't take

it down", what is the effect of his evidence?

22091 MR. TERBLANCKE

MR, TERBLANCHE; My lords

KENNEDY J; He makes that admission.

MR. TERBLANCHBt If he makes that a dmission . . .

KENNEDY J ; Doesn't it nullify the evidence con-

cerning any intention of bloodshed in South Africa? I f a

witness is in that position, surely he should say; "The

witness did not say thaty because then it would have spoilt

the whole effect of what might have been taken down.

MR. TERBLANCHE; Yes, my lord.

KENNEDY J; But once he admits, "Well , perhaps

he said that and I omitted it because I missed a whole lot " .

MR. TEBBLANCHB: My lords, let me just put this ,

that this reference to Russia and China and that their s truggle

was the same . . . .

KENNEDY J; Russia and China?

MR. TERBLANCHE; Oh, this is Russia and America

in this case, my lords.

KENNEDY J : Ameri ca only.

MR. TERBLANCHE; No, and Russia, my lord. The

American Republic, Russia and Chia - all there of them were

mentioned, my lord. This, my lords, is the same idea as

that expressed in documents and other speeches 'that their

struggle was the same as that in Russia and China and those

other places ' .

KENNEDY J ; Exactly what Nkalipi said. Russia

and China . . . .

MR, TERBLANCHE s Yes, my lord. He referred to

"The American Republic was formed after bloodshed, the

Russian Republic „ . .

KENNEDY Js I see.

22089 MR. TERBLANCHE

MR. TERBLANCHE; And the Chinese Peoples Republic.

The reporter had down, "The American Republic was foimed after

a bloodshed, so will the South African Republic be achieved

after a bloodshed. The Russian Republic was also achieved s

through bloodshed at the tine of Lenin; the Chinese Peoples

Republic was achieved through bloodshed under Chiang ka Shek."

KENNEDY J ; That's the part upon which the Crown !

relies? J

MR. TERBLANCHE s Yes^, my lord. My lords, then

the last is a meeting of the 15th January, 1956 , and this

meeting was also dealt with fully under Ndimba yesterday at

page 15 - Ndimba's summary - and the speech quoted in the

Indictment is that of Ndimba at page 9762, line 15 to 18 ,

9762 - line 27 , and 9763 line 1 .

KENNEDY J; Well, I think you told us what Ndimba

is alleged to have said. Would you mind repeating it?

MR. TERBLANCHE s It doesn't appear, my lord.

But I read it to your lordships yesterday.

KENNEDY Js Would you mind refreshing our memories,

MR. TERI3LAI-TCHE s Yes, my lord. Page 9762 at

line 15 he is reported to have said, "As from to-day the

Group Leaders must do their best to organise more volun-

teers. As we here can be shot dead by the Dutch people

Mr. Swart may change our campaign,, If South Africa can't

be free we must do all we could to achieve freedom", and

then again from line 27 - but I ' l l read the wholes "China

is now free and the oppressors failed. The volunteers

must not resign until freedom is achieved. In Kenya there

are Africans who are members of the Parliament. The

people think that the A .N .C . is dead when they don*t see

22093 MR. TERBLMCHE

the volunteers; all the branches must start forming

committees", and this next portion, my lord, is in the

Indictment agains " In Kenya the Africans were not allowed

to carry knives but to-day they are fighting against the

Capitalists. You must wait for instructions from your

Commander-in-Cheif. The land must not blame the leader

the day the Mood flows."

r

My lords, again this reference to the blood

flowing, and the struggle to be carried on by the Freedom

Volunteers.

Then, my lords, Nkampeni spoke after Ndimbaj

he was also called upon to collect money to pay for the

hiring of a hall . He took part in the proceedings of this

meeting, my lords, and did not sisassociate himself from I

this speech.

Then the Defence read in a portion of Makwayi1

speech at page 9767. That does not affect Ndimba's speech,

my lords; it deals with Trade Unions and street committees

that are to be foimed, and the Government is employing more

policemen, and we as workers don't fight for our rights - -

that's the portion that was read in, my lords.

My lords, in regard to this meeting I also

wish to refer your lordships to the speech of a person

Mankoko at page 9764 where he is reported to have saids

"What is a volunteer? A volunteer is a person who obeys

the instructions given by the leader; I would like to say

a few words. Volunteers are expected to go from door to

door preaching the Congress of the People. I f we want

freedom we could, if we are united, achieve freedom.

In China the volunteers did their work to free their

country."

22094 MR. TERBLANCHE

My lords, here again the reference to China

and what the volunteers did there.

Then I also wish to refer your lordships to

the speech of Mkwayi at page 9764 where he is reported

to have said, "Yestersay I was here at Korsten and I

net volunteers and I spoke to then; I noticed they were

pleased. The volunteers got nore work to do " and

IBE then said "The uniform of ours is cheap and we don't

want to wear expensive clothes. I want all the volunteers

to wear a uniform at all tines" , and then he refers to a

meeting of volunteers and he referred to the fact that i

the decision was not to accept the Reference Books, and

he refers to the Passes and says wonen shall never carry

passes. Then he speaks about Bantu Education and says

it aims at dividing the people, and then he is reported

to have said "There are volunteers who want to use violence

but the policy of the A .H .C . is against that. During the

Riots in 1952 some men ran away from Port Elizabeth. The

Zulus fought the Europeans to defend their country. We

as volunteers must not make the mistake which happened

in 1952, When the time comes for war the volunteers

must be determined to fight, but I don't say that it is

going to happen, and all we do must be on the alert. "

Then the last portion of his speech, my lords,

where he is reported to have said; " I am pleased to see

that there are still volunteers, members of the A .N .C .

fighting for freedom. A person is meant to die and the

has instructed the police to shoot the people."

Clearly in my submission, my lords, that is

an indication of what was expected of the volunteers, that

10

15

20

25

50

22095 MR. TER3LANCHE

10

they had to be ready for a war. That, my lords, in my

submission is the one overt act. No, 2 , on page 11

- my submission is that that has been proved beyond any

reasonable doubt by the evidence of Mdelane and Nkalipi

and, my lords, all the other evidence of overt acts can

be used to show that he adhered to the conspiracy, and

that he had the necessary hostile intent.

REMEDY J; ARE overt acts 2 to 5 all under 4

( 3 ) (3 )?

MR. TERBLANCEEs Yes, my lords. My lords, my

learned leader Mr. Trengove will now continue.

MR. PLEWMAN% My lords, I wonder if I may say

something at this stage. My lords, this trial is going

tolast a long time s t i l l , and while i t ' s unusual for the

Defence to interpose at this stage of a case i t ' s not with-

out precedent, my lords. My lords, I don't admit the

Grown has made out a case against any of the accused, but

as far as this accused is concerned while I don't wish to

- I don't ask to be allowed to argue his position fully at

the moment, I would, my lords, in view of the long time that

this case is st i l l going to last, very respectfully ask

whether your lordships can say on the argument that has

been produced by the Crown whether there is evidence on

which the Court could xoossibly find beyond a reasonable

doubt that the accused had entered into a conspiracy to

overthrow the State by violence, and my lords, i f there is

not that evidence I suggest respectfully, without arguing

his case fully , that he be released at this stage.

RUMPEE J; Well , you'll have to deal with the

evidence.

MR. PLEWMAN; My lord, I can't ask that I be

15

25

22089 MR. TERBLANCHE

allowed to argue his case now, and if that is the feeling

of the Court I cannot take it further, hut i t ' s not un-

usual, my lords, to make the application.

RUMPFF J: X know? the difficulty is that we

haven't got all the evidence before us.

M R . PLEWMAN; AS your lordships please.

RTJMPFF J ; Speeches made at meetings at which he was

present - - we ' l l have to deal with the credibility o f . . . . .

MR. PLEWMAN: I took i t , my lord, that the Crown

relied on what it has put to your lordships, but if your

lordships require further evidence. . .

RUMPFF J; In some cases, as you know, Mr.Terblanche

didn't quote the evidence.

MR. PLEWMAN; As your lordship pleases; I can 't

take the matter further.

RtTMPFF J; It would have been very useful if we had

all the evidence.

KENNEDY J; Speaking for myself, Mr. Plewman, while

I have asked a number of questions, to some extent I have

no doubt the position of this accused perhaps to a

great extent - - will depend on the reliability of the

reporters„

MR. PLEWMAN; Well, that is so, my lords. There

are only two reporters, my lords, a nd I merely based myself

on the argument as presented by the Crown. If your lord-

ships feel that the matter needs argument, obviously I

cannot take it further.

RUMPFF J : Yes, well , we prefer not to deal with

the accused at this moment.

MR. PLEWMAN; As your lordship pleases.

22097 MR. TRENGOVE

MR. TRENGOVE: My lords, I believe there is a re- x

port from the accused Ndimba who missed the bus this

morning.

My lords, may I now deal with the position of

accused No.27, S . Ntsangani. Your lordships will find

if your lordships refer to the Index that it sets out the 5

overt acts against this accused, his membership, and then

an analysis of the evidence as the Crown sees i t ; then

my lorsa, a Section B dealing with the proof of the overt

acts, and then your lordships have separately, which has

not yet been bound, Annexure 'A ' which sets forth the 1 0

portions of the meetings and speeches referred to in his

evidence. Your lordships will remember that what was done

was that he was presented with a volume containing a

speech and in his examination-in-chief and cross examina-

15

tion that wasn't always read into the record. Now this

Annexure ' A ' , my lords, merely sets forth the full

speech of a particular speaker to which he was referred.

My lords, we deal firstly with the membership

of organisations and your lordships will see that as far 20

as the Eastern Cape is concerned this accused occupied

a prominent position in the African National Congress

Movement, and my lords, we also say that he played a very

prominent part in its activities. He wasa Branch execu-

tive of the New Brighton Branch, and he was Vice-Chairman 25

for the period 1953 to 1955 ? then, my lords, what is

important is that he was also a member of the Eastern

Cape Regional Committee. Now, your lordships have the

evidence on record, that the Eastern Cape Regional Com-

mittee is a committee of the branches in the Eastern Cape 30

22098 MR. TRENGOVE

which oc-ordinated the activities of the African National

Congress in that Eastern Cape Region.

KENNEDY J: Is there only one Regional Committee

in the Cape?

MR. TRENGOVE; The Eastern Cape Regional Committee,

my lord.

KENNEDY J: Only one?

MR. TRENGOVE; Yes, my lord. Then your lordships

will see that he was also (Chairman of the Eastern Cape

Region of the African National Congress Youth League from

1952 to 1954. He was on the Youth League Executive for the

Cape for a period of three years, and your lordships will

see that he was elected to the National Executive at the

Uitenhage Conference in June, 1954, and he remained on the

National Executive of the Youth League until well after the

Indictment period. Your lordships will remember that the

Uitenhage Conference has featured quite prominently in the

evidence so far. And, my lords, finally he was President

of the Youth League Branch at New Brighton in 1952 to 1954.

My lords, then the Crown set3-: forth its analysis

of the evidence of accused 27 and your lordships will find

that in the case of this particular accused the whole of

h i s evidence is recorded in Vol. 77. My lords, we haven't

set out in this Summary the specific portions of the evi-

dence because in t he case of Nkalipi, to which I wil l stil l

refer, my lords, we found that in order to produce the

evidence in support of our submissions we really had to

re-type the whole record because i t ' s in one volume

we didn't do that.

22099 MR. TKENGOVE

- , My lords, so far as his evidence is ccncerned,

we rely firstly on the fact of his membership to which

he testified, and secondly, my lords, on his knowledge

of the African National Congress policies and activities.

And, my lords, as far as this particular accused is con-

cerned, he adopted the attitude in the witness box - your

lordships will accept that - and we accept that position -

hesaid that he knew and fully understood all t he policies

and activities of the African National Congress. He de-

rived his knowledge of the African National Congress

policies and activities from documents such as Presiden-

tial Addresses, speeches delivered at Conferences, speeches

and addresses delivered by the Provincial Presidents of

the Cape - particularly Prof. Matthews - as well as execu-

tive reports, Provincial as well as National.

And then, my lords, in his evidence on the

political training of volunteers accused 27 stated in

evidence that he used the reports of the African National

Congress ,National and Provincial Conferences, over the

years 1952 to 1956 , for his lectures, and he knew and

understood the reports well enough to lecture. Eor

instance, he used Exhibit A«37, AoN.C. Report for 1954.

My lords, we have indicated in this passage where - -

on which passages in the record we rely, and may I , my

lords, as far as this last point is concerned, may I Just

refer to the record at page 16351 to the passage quoted

there. To get it in its context it may be better to

start at the bottom of page 16350 where he deals with

the question of volunteers. The question is then put

to him by his lordship Mr. Justice Bekker:-

22098 MR. TRENGOVE

( "Q ) Well,did they have political training?— (A) I

wouldn't say it was political training, my lord, I don't

know. If one says that's political training, that's all

I know."

Then he continues with that thene, my lords. Then

he is asked at the bottom of page 16350s-

( "Q ) Now what did that consist of. In the Eastern Cape

did you take the African National Congress National Execu-

tive Reports? And the A.NcC.Provincial Reports, and on

the basis of those reports hold s tudy classes and lectures

for volunteers?— (A) Various reports of the Provincial

Conferences and National Conferences which reflected the

activities of the various branches throughout the country

were more or less discussed with the volunteers."

( "Q ) In other words, they were kept informed", and when he

is asked whether they were study classes he said " I won't

call them study classes."

( "Q ) Where was this done, in the open, at public meetings

or where was it done?-— (A) At meetings of volunteers and

members of Congressc"

( "Q ) At private meetings?— (A) Yes, one may call them pri-

vate meetings."

( "Q ) Now, who gave your instructions; who gave you your in-

structions?-" and then he spoke of the late Mr. Tshume.

( U Q ) And did he give you political instruction?— (A) Yes,

in the manner in which I have described."

( "Q) And did you at any stage assist in the training of

volunteers on this basis?— (A) I did, in the manner which

I have described."

("Q") Now give me the dates, the names and the documents that

you used?" The question is repeated, "The dates of the

22101 MR. THENGOVE

documents, the National Reports, the 1952 National Reports,

Provincial Reports and so on", and then his reply is:

"There I would say all the reports of the African National

Congress from time to time." "For instance we had a con-

ference in 1952 in the Cape Province; some time in April

or May. The decisions of that conference and also the

decisions of the Defiance Campaign; in fact the volunteers

were informed of those decisions."

(MQ) I want to know what you did, and what documents you

used?— (A) I did the same thing, I used the reports."

( "Q) You used the reports of the National Conferences over

the years 1952 to 1956?— (A) Yes."

( "Q) Did you use the reports of the Provincial Conferences

over the years, 1952 to 1956?— (A) Yes"

( "Q) You knew and understood those reports well enough to

be able to lecture to these volunteers?— (A) I used them

in a manner in which I understood them."

("Q) Yes, and did you know that lectures were being issued

for the training of volunteers?— (A) I never knew that

the African National Congress issued lectures."

My lords, we respectfully submit that a.s far-as

this particular accused is concerned your lordships will

accept the position that he studied and used National

and Provincial reports over the period 1952 to 1956 as

the basis of instruction or lecturing or whatever one may

call it , to African National Congress members and to Volun-

teers o

My lords, I make the submission t hat as far as

this particular accused is concerned he is very intelli-

gent man, he understood English well enough to be used as

22102 MR? TRENGOVE

an Interpreter at African National Congress meetings. Your

lordships saw him in the witness box, and I respectfully

submit that he would have understood the full import of what

was contained in their reports over that period.

My lords, now the first matter that we have to show

as far as this accused is concerned is what his state of

mind was in taking part in the activities of the African

National Congress as he did, and his state of mind, my

lords, depends to a large extent on the knowledge that he

had, and we respectfully submit that on this evidence your

lordships can find for instance that as far as the position

was concerned in 1953, your lordshops have Luthuli's Pre-

sidential Address - that's NRM.ll, to the 1953 National Con-

ference. Your lordships have the 1953 National Executive

Report, Z.KM.6, as far as 1953 is concerned - that would be

the basis of his knowledge and his instruction. 1954 -

your lordships have the National Executive Report and

Luthuli's Addrers A .37 ; 1955 - on a National basis your

lordships have the 1955 report, LLM„81, and we ask your

lordships to find that that is the African National Con-

gresspolicy as he saw it and understood i t , realising

exactly what it meant in the s truggle for liberation.

My lords, I will be referring to that presently.

As far as Provincial reports are concerned, my

lords, your lordships have the references over the years;

your lordships nave an exhibit for instance like TT .90 ,

dealt with under the case against Tshume; A . 17 , Provin-

cial Reports in the Cape during those years..

Now, my lords, the second point that we deal

with is the attitude of this accused towards the State,

22098 MR. TRENGOVE

We say, my lords, that on his evidence the accused re-

garded the State as presently constituted as the enemy

and the oppressor of t he non-white section of the popula-

tion. He said in his evidence that he attacked Capitalist

society as he saw it in South Africa which to him meant

the oppression of the non-white section of the population.

We will be referring, my lords, in the summary of speeches

to this attack on the Capitalist Statee

Then, my lords, on being referred t o the

African National Congress 1954 Report which denounces the

Government as Eascist, the accused 27 stated that to a

Xosa speaking audience such a government would be described

as a government which is vicious, unjust, brutal and urres-

ponsible.

Your lordships will remember that a very large

part of the National Executive Report for 1954 , A.37> a

very large part of that report is devoted to this political

review dealing with the internal situation, "The March to

Eascism" , with which I dealt quite fully at various stages,

and, my lords, if this man used this report as the basis

of his political instruction, as he did, then he was telling

his people in his own language which is Xosa speaking -

toXosa speaking recruits ~ "That you have to deal with a

government which is vicious? unjust, brutal and irrespon-

sible and whose viciousness and brutality increases as the

liberatory struggle goes along<,"

Now, my lords, may I just refer to the one

passage quoted under this heading, at page 16341. He is

asked about a certain meeting on the 27th January; then

heis askeds ( "Q ) Do y ou know what a Eascist Government is?—

22104 MR. TOTGOVE

(A) I think I said yesterday that my interpretation of a

Fascist Government would be a brutal, ruthless government."

Then the question is put to hims -

C'Q)And it is customary to refer to the present government

as a Fascist government", and he poses the question "By me?"

( "Q) Well , by the African National Congress and by speakers

from your platforms?— (A) Well, speakers on public platforms

in the Eastern Cape never use the term Fascist."

( M Q) Because that wore does not exist in Xosa?— (A) Yes."

Then his lordship Mr. Justice Bekker puts a

Xosa phrase to him, the English of i t , "The elephant that

can't be touched", and he says 'Yes 1 , and then the Crown asks;

( "Q ) You used the phrase 'the elephant t h a t c a n ' t be touched'?

and he r eplies "That would not mean Fascist" .

Then he is askeds ( "Q ) No?— (A) No."

( "Q ) How would you try andexplain Fascist in Xosa?— (A) There

is no translation for Fascist in Xosa" .

( n Q ) Did you ever try to convey to the people that the govern-

ment is a Fascist government?— (A) Not in Xosa"

( "Q) Never in Xosa?— (A) Not in Xosa, no«"

Now, my lords, I w ant to suggest and submit

to your lordships that apart from anything else, a factor

that your lordships will take into consideration is , inter

a l ia , the demeanour of this witness in the witness box when

questions were put to him, and I want to submit to your lord-

ships that he gave his evidende with the same, i f I may c all

it , studied insolence, impertinence, that Resha exhibited

when he gave evidence in the witness box, and my lords, this

type of attitude, if your lordships have this report of the

African National Congress, A.37* which in the Execulve Re-

port deals fully with the topic 'The March to Fascism', which

221D5 MR. TREEFOVE

is the description of the official African National Con-

gress attitude towards the Government and the whole ten-

dency, not even on the part of the Government hut on the

part of the European population, that they are on the march

to Fascism, being brutal and ruthless and vicious in their

attitude towards the non-whites.

Now, my lords, for this man who uses that docu-

merfc to come and say in the witness box that they never des-

cribed the government as a Fascist government . . . .

MR. HjMM/IN; My lords, with great respect, my

learned friend is not reading the record correctly. If he

carries on to page 16342 there is a discussion of how the

word 'Fascist' is dealt with in Court and the witness says

he would translate it as a Brutal Government, and he there

gives a description of how, if he is speaking Xosa, the

word Fascist would be dealt with. He does not deny that

it was used.

MR. TRENGOVE; My lords, I'm coming to that.

It 's just 1iie very point that I'm making. If my learned

friend would allow me to continue. It takes this witness

four pages of questions before he is pinned down to admit tin

that they must have referred to this government as Fascist

and that they have their description. It 's the attitude,

lords, of this witness that I'm trying to put to your

lordships; this what I call insolent attitude towards

questions put "o him by the Crown which he knew very

easily he could have replied to in one sentence, but I ' l l

iread, my lords, to show how he deals with this matter.

( "Q) Did you ever try to convey to the people that the

government was a Fascist government?— (A) Not in Xosa" .

22098 MR. TRENGOVE

Then a question from the Bench;-

( M Q) Is the contention really that if the detectives

wrote down a speech in English which was originally made

in Xosa, and if the English translation contained the

word 'Fascist 1 , that that word 'Fascist' was a rord put in

by the detectives?— (A) Yes, my lord, it was put in by

the detectives."

( "Q ) The word Fascist would not have been us<3d by the

speaker?— (A) No."

( "Q ) If he spoke Xosa?— (A) I f he spoke Xosa it would not

have been used."

( "Q ) If you speak Xosa and you refer to the Capitalists

what would you use then?— (A) The literal interpretation

of Capitalist in Xosa would be one who owns bags and bags

of money."

And then the question of Capitalists is dealt with.

Then, my lords, at the bottom of page 16342, the question

is put t o him;

( "Q) Well , if a speaker in Xosa referred to what in the

English translation would read as this ; "This Fascist

Government of ours"; how would the Xosa say i t ? — (A)

Interpreting it from English to Xosa?"

( "Q)Yes?— (A) Well, he would use the expression *an ele-

phant that cannot be touched'."

Your lordships will see that a few phrases on

page 16341 he said, 'The elephant that cannot be touched'

wouldn't mean Xosa; now it would mean Fascist now

he says if he used the word 'fascist ' in English and it

was translated into Xosa* well , he would use the expres-

sion 'An elephant that cannot be touched', or he would

22107 MR. TRENGOVE

say . . . Then the question is put; -

(»Q) I«h putting to you, assume the speaker said 'This

Fascist Government of ours is oppressing the people1 , what

would he say in Xosa?— (A) In Xosa, yes, he would say

the brutal government or the unjust government."

( "Q ) Yes, well , now assume that by reading an English trans-

lation 'this Fascist Government of ours oppresses the people'

?— (A) I would read that as being the English translation

of the Xosa speech."

( "Q ) Where would the translator get the word Fascist from?—

(£}) I f it is in conjunction say with Government, you see?—

(A) I don't know, my lords, because for instance I quote one

Robert Matshe who used this term Fascist - - he spoke in

English at all meetings; he did not understand Xosa well .

As I always interpreted for him I used the expression which

means 'An elephant which cannot be touched'."

( "Q ) When many meetings are held doesn't it become tiresome

to refer to 'The elephant that cannot be touched'", and he

says ' N o . ' .

And then, my lords, at the bottom of that page,

i t ' s put t ~ him: -

( "Q ) Inany event, Ntsangani, i t ' s customary in speeches in

Xosa to refer to this elephant that cannot be touched; to

translate that to English to Fascist?— (A) Customary with

who?". "Not with us, Mr. Trengove."

( "Q ) Well , take the report, A . 37 ; that is a report written

in English?— (A) Yes."

( "Q) And it refers to the Fascist Government; i t ' s becoming

Fascist - a Fascist State, and 30 on. When this report is

delivered to an A .N .C . Conference ?— (A) Well , one would

223108 MR. TRENGOVE

not interpret that into Xosa as meaning only an elephant

which cannot be touched. There are various ways of inter-

pEting i t . "

( "Q) NOW how would this be explained to members attending

the Conference, who don't understand English?— (A) To those

who know only Xosa it would be explained as follows: A

Government which is vicious, unjust, brutal and irrespon-

sible. " [ stns&rtt^S&fa W c . / o ^ ^ a £ e A ^

And then he deals with the question that many

people are illiterate at their meetings, yet they under-

stand.

Now, my lords, i t ' s quite clear that a s far as

this speaker is concerned and his attitude towards the

presently constituted government, he also held out to his

audience that it was a government which was vicious, brutal, j

ragust and irresponsible.

The second point, my lords, which we make un&er

his attitude towards the State is that this accused accepted

the Freedom Charter and he a ccepted the liberatory struggle

and that it should be directed towards achieving a State

based on the principles of that Charter. We quote the pas-

sage to your lordships and it is not necessary for me to

refer to that.

As far as unconstitutional action is concerned,

the Crown submits, my lords, that on the evidence of accused

27 , on his own admissions he accepted the Programme of

Action and the methods set forth therein as the means of

achieving their political aims, and we respectfully submit

that accused 27 fully realised the implications of the

implementation of the 1949 Programme of Action, notwithstanding

his professed ignorance of s trike action and its probable

22109 MR. TRENGOVE

consequences. My lords, May I in that respect also refer

to one or two passages. Page 16343 - i t ' s just following

on this passage, my lords, that I 've dealt with about the

Fascist State page 16344, and then 16345.

( U Q) Now, Ntsangani, do you accept - rather did you accept

the 1949 Programme of Action and the methods of struggle

set forth in that Programme of Action to a chieve your ob-

jects?— (A) Yes, I accepted the Programme of Action,"

( n Q ) And your object was to establish in this country a

true democracy?— (A) Our object, that is the object of

the A .N .C . as I understand i t , was that of trying to

bring about a change in the system. In other words, all

people must have the vote and that, as I understand,

would be called a Peoples Democracy. In other words, a

democracy of the people by the people for the people;

that's how I understood i t . "

("Q) And that type of democracy would be the State that

one would achieve if the Freedom Charter is implemented

and accepted by everybody?— (A), Yes, as I understand it"

and he said he accepted the Freedom Charter„

("Q) And you accepted that the struggle must be directed

towards getting a State based on the principles set forth

in the Freedom Charter?— (A) Yes, which is a democratic

State."

( "Q) And you accepted the position that that would have to

be achieved by unconstitutional and extra-parliamentary

action?— (A) I don't know what you mean by extra- parlia-

mentary and unconstitutional action."

( "Q) Otherwise through Parliament?— (A) Yes, we were

going to get it by waging the struggle outside Parliament."

t

The question is repeated and he said "And inside Parliament."

22110 MR. TRENGOVE

("Q) And by the means set forth in the Programme of Action

?— (A) Yes."

("Q) Now you also accept the position that the means em-

ployed by you, strikes, defiance campaigns, civil dis-

obedience, that those means could endanger the safety and

security of the State?— (A) I don't know, Mr. Trengove, 5

because as far as I am concerned in my thinking, and I

think my colleagues as well in the Eastern Cape, our

approach to the achievement of our aims - that is the

aims of Congress - was based more on economic boycotts."

("Q) Yes, but you accepted that it was necessary to em- 1°

ploy other means in terms of the Programme of Action -

that you would be prepared to do it?— (A) As long as

those means would be within the policy of the African

National Congress."

("Q) Nov; take strike action, do you know what that is?— 15

(A) I don't know, I may have a wrong interpretation of

strife action, but I say yes".

("Q) Well, look at this document, "Political Organisation"

- it was published by the African National Congress B .25" .

Your lordships will remember that that was the 2 0

document which Mandela in thecourse of his evidence testi-

fied to as being published by the Transvaal Executive as

the basis of a lecture. It deals with the forms of struggle

set forth in the 1949 Programme.

He sayss "There is nothing in this document to 25

say it was published by the African National Congress".

Then I put to him, " I didn't ask you that", then

he could have misunderstood the position, and then the

question is repeated at page 16346 s

("Well, alright; well - have a look at this document?— 30

22111

MR. TRENGOVE

(A) Which portion?"

("Q) Read the paragraph dealing with strike action which

was put to you when I handed you the document?— (A) Only

that portion", and then he is referred to the whole page

- on Strike Action, my lords.

Then it continues, my lords, at page 1634-7:

("Q) Now that paragraph about strike action refers to

the fact that the strike leads to a clash between the

people that strike and the Government", and he is asked

"Do you realise that?— (A) Well, I don't know; that's

something I never came across. In fact it is something

I never worried myself about - s trike action and suchlike

things; they never came to my mind. I was not very much

concerned with strikes and so on. I was concerned with

what we were doing in our biranch."

("Q) Ntsangani, you said you know the A .N .C . policy and

you accepted the Programme of Action?— (A) This document

doesn't reflect the policy of the A.N.C. - i t ' s an

individual document written by an individual1'.

Then his lordship Mr. Justice Bekker points out

that Mandela had given evidence to the effect that it was

issued as political education., end he says well, they

didn't come across the document in the Cape.

Then he is asked

("Q) Do you accept strike action?— (A) How can I accept

a thing that I don't know anything about? I told you

I know nothing about strike action."

("Q) You said in your evidence-in-chie'f that you accepted

the 1949 Programme of Action and the methods set forth in

the Programme of Action?— (A) Yes."

("Q) And one of the methods is strike action", and how does

22112 MR. THEN GOVE

he reply to that, my lords? His reply is : "And up to now

the African National Congress has never embarked on a

strike", Then i t ' s put to him: -

("Q I 'm not asking you that; did you accept strike action

as a method of achieving the aims of the African National

Congress?— (A) Well, I understand the African National

Congress when it speaks of strike action to mean a stay at

home, such as we have organised since 1950 and I think we

are still going to organise more. That is how I interpret it

("Q) You don't agree with that document when it says that

a strike can lead to a violent clash between the State and

the strikers?— (A) I don't know; that's how it is des-

cribed, but I don't know; I have never considered i t . "

("Q) You have never heard of the Miners Strike in 1946?—

(A) Of course I did at one time or another."

("Q) When lives were lost?— (A) Yes."

("Q) Did you hear of that?— (A) I heard of i t . "

("Q) How were those lives lost?— (A) That's something I

never went into, Mr. Trengove; I never went into the facts."

Speakers who had a wide knowledge about it spoke about it in

my presence."

("Q) And what did they say? How eere those lives lost?—

(A) I t ' s very difficult to see that on what they said now."

Then, my lords, the Western Areas:

("Q) I want to put to you, Ntsangani, that you know very

well; that is why you are trying to get away from it, that

strike action which leads to a clash between the workers

and the Government undermines the safety and security of

the State?— (A) That's nonsense, I know nothing about that."

My lords, I respectfully ask your lordships to

find that his evidence as regards his alleged ignorance of

22113 MR. TRENGOVE

strike action and its implications, your lordships will

find that that evidence is unacceptable.

My lords, this man, just taking this report A. 37

for the moment; he knows very well, my lords, what the

implications are. I have referred over and over again to

that paragraph in A.37 which deals with the way in which

the African National Congress and its Allies have succeeded

in resisting the Government, and it refers, inter alia, to

the strike in flay, to the strike on the lot June, the first

National strike - - it refers to the Witzieshoek Resistance

where lives were lost. I t ' s not only contained in the

National Report, i t ' s also contained in the Exhibit A.17 -

those same references in much the same wording - A .17 to

which I 've also referred on a number of occasions, my lords,

which was read into the record, and my lords, which is

a report of the Cape Provincial Conference held at Korsten

in 1955.

(COURT ADJOURNED FOR 15 MINUTES)

ON THE COURT RESUMING:

10

20

MR. TRENGOVE: My lords, I move to the next

heading, The Defiance Campaign. We say, my lords, that

his evidence shows that he was a Group Leader in the 1952

Defiance Campaign; one of his duties as a leader was to 25

satisfy himself that the volunteers understood how the

campaign was to be conducted and what the policy of the

Congress was, and we say that his evidence shows - I quote

the passages there - that he played a prominent part in - I

his area as a volunteer in the Defiance Campaign. 30

??114 MR. TEE IT GO"VE

And we submit, my lords, that he associated himself with

that fully.

My lords, we next come to the Western Areas Cam-

paign. We say that the evidence of Accused 27 shows that

he supported the African National Congress Campaign against

the Western Areas Removal Scheme, fully realising what it

involved. Accused 27 supported this campaign and also

the campaign against the Bantu Education Act, notwithstanding

the fact that in his view the reactions of the Government to

these campaigns was becoming more vicious and brutal as

the campaigns progressed and grew more intense. Accused

27 said that he expected the Government to turn the V/estern

Areas in Johannesburg into a blood bath because of its bru-

tality. . . .

BEKKER J; Did he say that in the witness box or

contemporaneously with the campaign?

MR. TRENGOVE; In the witness box, my lord. I ' l l

deal with what he said about it in the campaign, my lords.

"It is respectfully submitted that in the light of his

attitude in regard to this campaign his claim that the

African National Congress kept on the non-violent campaign

and avoided a blood bath - that that is untenable."

My lords, in connection with the Western Areas

Campaign your lordships will have regard to the fact that

A .37 , the plans for 1954, the Western Areas Campaign, are

set forth.

BEKKER J; To what extent does the evidence re-

veal specific knowledge of the contents of A.37 as far as

this accused is concerned?

MR. TRENGOVE; He knew that, my lords

BEKKER J; Is that under the general reference

22115 MR. TRENGOVE

you gave? A

MR. TRENGOVE; Yes, my lords, and under the refer-

ence that he was also referred to A .37 .

BEKKER J; In the witness box here?

MR. TRENGOVEs In the box here, my lord.

BEKKER J; You bring this in against him under that 5

passage you quoted earlier on, that he used these reports?

MR. TRENGOVE: Yes, my lords.

BEKKER J; For lecturing purposes.

MR. TRENGOVE; Yes, my lord.

BEKKER J; I may have missed it ; was A.37 speci- 10

fically mentioned by him as one of the reports. . .

MR. TRENGOVE; No, my lord; A.37 was the only

way in which it was mentioned was that it was put to him

- he was referred to A .37 dealing particularly with the por-

tion of A.37 referring to the training of volunteers. . 15

BEKKER J; Did he say in the box that he used A.37?

MR. TRENGOVE s No, my lord. He said - - but, my

lords, my submission is that he didn't quote the exhibit

number, but what he did say was that he used the National

Reports over the period 1952 to 1956, the National Reports. 20

BEKKER Js Well, is that the general reference

which you say you are entitled to make use of as applying

to this particular feature?

MR. TRENGOVE; Oh, yes, my lord. My lords, I

say I am entitled to do so because he said he used these 25

reports. Now, A .37 , my lords, deals fully with the De-

fiance Campaign up to - - with the Western Areas Campaign

up to November 1954, my lords, setting out exactly what the

policy of the African National Congress was, and how that

campaign was to be the focal point of the Resist Apartheid 30

22116 MR. TEENGOVE

Campaign. ILM.81, my lords, the 1955 Report, presented

at Bloemfontein, your lordships will remember that that

was the report which again refers - i t ' s ex post facto

after the removal - - it refers to the fact that the

Government wanted to create a blood bath, and that was

avoided by the attitude

BEKKER J ; A . 162, does that figure at all as far

as this accused is concerned?

MR. TRENGOVE: No, my lords, I cannot ask your

lordships to hold that against him specifically, because

that is a report of the Working Committee and that might

have been the basis of the Executive Committee drawing up

LBS. 81 - - but that report specifically I can't ask your

lordships to hold against this accused.

My lords, just referring to . . .

BEKKER J; Just to get you back to the third line

in paragraph 6, "fully realising what it involved"; for

that you rely on what?

MR. TKENGOVE: I 'm going to quote the passage to

your lordships now* I s m relying, ny lords, on page 16363,

I start at line 20 to get the context first . At the bottom

of page 16363 - line 20. My lords, we have dealt with

the possibility of this brutal government accepting the

radical changes of the Freedom Charter, and we say - it

was put to him that they were going to use boycotts, strikes

campaigns like the Defiance Campaign. Then at line 20

he is askedt ("Q) A campaign like the campaign in the

Western Areas, was that one of the methods which you . . .

In the Western Areas of Johannesburg, the removal?— V/hat

about it?"

("Q) Was that one of the methods which y o u f e l t would effect

2? 117 ' ' MR. TKENGOVE

a change?— (A) Yes, because the result shewn in the 1

campaign against the removal brought about a change of

opinion infavour of the people in South Africa and even

outside South Africa."

Then he is asked about the Bantu Education and

he said that also had an effect on the electorate. Then 5

he is asked:

("Q) Now, as your campaigns progressed and grew more intense

the reaction of the Government became more vicious and

brutal?— (A) That is so."

("Q) The African National Congress even expected the 10

Government to turn the Western Areas in Johannesburg into

a blood bath?— (A) Because of its brutality we expected

that to happen, and the situation was saved by the African

National Congress even there."

Which, my lords, is the attitude exhibited in 15

LLM.81. Then he is asked "How" and he says " In that the

African National Congress from time to time stressed the

importance of their policy to bo adhered to; that was a

non-violent policy. That is why in actual fact the

Minister of Justice issued statements to the effect that 20

there were tons and tons of ammunition in Sophiatown which

was a lie, and which was ryoved to be a lie, not only by

the African people but even the white electorate saw that

the Minister was telling a l ie . "

Then a question by his lordship Mr. Justice Bekkerr 25

("Q) When you say the African National Congress stressed

from time to time its policy of non-violence in relation

to the Western Areas, what did you have in mind?— (A) That

people should not resort to violent means."

("Q) Are these speeches and documents you have in mind, or

22118 MR. TRENGOVE

what is it you have in mind?— (A) Speeches." 1

("Q) Made where? In the Western Areas?— (A) No, not in

the Western Areas; I am referring to speeches which were

made campaigning against the Western Removal in the Eastern

Cape."

("Q) As far as the Eastern Cape was concerned in relation to 5

the Western Areas Campaign, there it was stressed from time

to time that the policy of non-violence - that the policy

of the African National Congress was a non-violent one?—

(A) Yes, and I think, my lords, or I take i t , that it was 10

also done on the very spote" "That is in the Western Areas.

Now he is asked, my lords: - (By the Crown)

("Q) Now, this statement is also contained in the 1955 Report

ofthe African National Congress National Report, that the

Government wanted to turn the Western Areas into a blood

bath; how did you visualise, what was the Government going 1 5

to do to turn that into a blood bath?— (A) I was not in

the Western Areas and I don't know whether the statement

was issued by the Western. Arecs Committee which was in fact

more or less on the spot. There are people who would be

in a position to analyse what actually took place and so on. 20

I take it it was a sort of post mortem - - that was after

the removal."

This was his National Report, my lords: -

("Q) What I went to know from you is this: this brutal

Government, you accepted that they would use the Western 25

Areas Campaign :'aj the African National Congress, for the

purpose of provoking a blood bath?— (A) Yes, we expected

the Government, or rather I expected the Government, and I

think other people too, expected the Government to use force.

That is why we told our people that immediately force is used

22 LW MR. TRENGOVE

you must move to Meadowlands."

("Q) Yes, but did you accept that the Government was in-

tending to use force to create a "bloodbath in the Western

Areas?— (A) Personally my attitude to the Government has

always been that it would use its agents to incite some

of our people to commit acts of violence., and put the

blame on the African National Congress, and I also thought

on the same lines as far as the Western ^reas was con-

cerned. "

("Q) That the Government would use its agents to commit

acts of violence?— (A) Yes."

("Q) And then what would the Government do?— (A) Then in

turn the Government would come in with its forces and put

the blame for that violence on the African National Con-

gress. "

("Q) And when the Government comes in with its forces

further bloodshed can result?— (A) The very acts of the

Government's agents would bring about a misunderstanding

for disturbance of some kind'.'

("Q) And that would result in bloodshed?— (A) Yes. That

is why I say personally that lias always been my attitude."

("Q) Bloodshed by who?— (A) By the Government."

("Q) The Government would shoot people?— (A) Yes."

("Q) For what purpose?— (A) The sole purpose as far as

I am concerned would be to destroy the powerful organisa-

tion of the African National Congress, which the Government I

has not been in a position to destroy because of its policy.

("Q) I see, so you accept the position that the Government

had made up its mind to destroy this organisation by violent

methods? By using force against them and creating a blood-

bath?— (A) That is how I saw i t , "

22120 MR, TRENGOVE

("Q) Yes; now if this Government acts like that, the in-

discriminate spilling of blood by the Government, did you

foresee that the masses of the people who were taking part

in these campaigns, that the masses on their part - not also

Congress members - but that the masses might retaliate.

There was that possibility?— (A) No, the African people

from the very word go - I said that the policy of the

African National Congress, there is no doubt about that,

their policy has been proved many a time, and I think, al-

though I was not on the spot, it was proved in the Western

Areas as well. An armed force of 2,000 police, or whatever

the number was, was concentrated in that area, and only

because the African National Congress asked its members not

to resort to any sort of violence and to refuse to be pro-

voked to violence, that is why a blood bath never resulted.

That's my opinion".

("Q( Why did the African National Congress want to force

the Government to bring 2 ,000 police to the Western Areas

? — (A) I t ' s not a question of forcing, Mr, Trengove, i t ' s

not a question of forcing. The Government in fact does

these things. I t ' s not a question of the African National

Congress having to force them, the Government does these

things."

( "Q) Nov;, in spite of this attitude of the Government to

crush the Liberatory Movement by violence, in spite of

that you still persist in going on with these campaigns?—

(A) In other words, you are suggesting that we should re-

main in oppression for ever . " "As far a s I am concerned

I will never do so."

(,,!Q) Even if the Government uses violence to oppress you?—

(A) The Government can use violence, violent methods, but

22121

MR. TRENGOVE

as far as we are concerned we will keep to the non-violent

plan. V

My lords, that is his evidence as far as the Wes-

tern Areas Campaign is concerned, and the submission that

I make is that in the first place his state of mind is

undoubtedly a hostile state of mind towards duly constituted

authority. His state of mind is that the Government will

resort to violence in order to enforce its laws, notwit hstand-

ing the determination of the Government to resort to such

measures as it thinks fit and proper to enforce its laws,

he supports a campaign which in the very teeth of the

attitude of the Government seeks to make laws unworkable,

and as far as the African National Congress is concerned

his attitude - his state of mind - and my lords, his know-

ledge, whether before or after the event, is the same as

that of any member of the African National Congress who was

actively participating in the campaign in Sophiatown during

the relevant period.

And, my lords, i t ' s no answer and i t ' s no

defence to say that he might have beccmc aware of the

situation ex post facto. I f he accepced that situation

during, or- after the campaign, he makes himself a party to

it . Therefore, my lords* we respectfully suggest that

their attitude, his attitude in particular, that they were

trying to avoid a blood bath, your lordships will not

accept.. They were trying to provoke a situation which

could lead to a blood bath, knowing that that was the

probability. All the submissions that I 've made, my lords,

in connection with the Western Areas Removal Campaign apply

with full force to this particular witness, this particular * /

accused.

22122 MR. TRENGOVE

My lords, the next matter that we deal with

under this heading is the question of the Freedom Volun-

teers. We say it is respectfully submitted that accused

27 's evidence also shows that he was actively and intimately

connected with the recruiting and training of volunteers

in his area. According to his evidence the Defiance Cam-

paign volunteers were transferred to the Freedom Volunteer

Corps, my lords. I must apologise. Your lordships will

see that whenever an ' s' appears at the end of a word

i t ' s been typed as an apostrophe; we discovered that

mistake too late to have it re-typed, my lords. The apos-

throphe is redundant in that regard, my lords.

According to his evidence the Defiance Cam-

paign Volunteers were transferred to the Freedom Volunteer

Corps when Luthuli made his Call for 50,000 Freedom Volun-

teers. And we quote the passage there, my lords. Now

your lordships will remember he was at Uitenhage when that

very Call was made, at that Conference.

It is further submitted that the evidence of

accused No.27 shows that he was one of the people who as-

sisted in the training of volunteers in the Eastern Cape

at private meetings held for that purpose. He used National

and Provincial reports over the years 1952 to 1956 but he

denied, however, that he ever used any lectures for that

purpose, so my lords, apart from the question of specific

lectures the tasis of his instruction, if one may call it

that, the passage that I ' v e already referred to - the basis

of his instruction was these official reports of the Orga-

nisation.

My lords, then we deal separately with

lectures A.84 to A .86 and say we respectfully submit that

22123 MR. TRENGOVE

the evidence of accused 27 as regards these lectures and

the extent to which they v*ere used in the Eastern Cape

should "be rejected. He stated, inter alia , that these

lectures were never used as a basis for discussion at

meetings, nor were they used to instruct people in the

New Brighton Branch. He said that the lectures never

came to the knowledge of the New Brighton Branch Executive

nor did they come to the notice of the Eastern Cape Regional

Committee, and v/e refer to the passage in the record there.

Ir cross examination he stated that although

the question cf volunteers and their training was discussed

by the New Brighton Branch Executive the question of using

these lectures was never raised by anybody. He also said

that the matter was never raised in the Eastern Cape

Regional Committeej although he conceded that members had

copies of these lectures he said the lectures were never

read by anyone because these lectures were not sent to the

African National Congress,

Now, my lords, may I just refer to his

evidence in this regard. « ,

BEKKER J? Do you wish to emphasise some-

thing?

MR. TRENGOVE; No, I ask that your lord-

ships will reject that evidence . , .

BEKKER J; But you set out the effect of his

evidence; why is it necessary for your purposes to read

the evidence.

MR. TRENGOVE; My lords, it is not necessary

BEKKER J; Well, do you wish to emphasise

/something in his evidence?

MR. TRENGOVE; No, my lord, I don't want to.

22124 MR. TRENGOVE

BEKKER J: Well, let 's go on then.

MR. TRENGOVE; Yes, my lord* I ' l l just con-

clude with this portion. I refer to the evidence of

Nkalipi in this connection, my lords. The accused Nkalipi

said in his evidence that he received a copy of A .84 from

the Regional Action Council of the Congress of the People;

the chairman of the Council was T. Tshume and the secre-

tary was D. Mini. Nkalipi said that the secretary had

many copies to distribute. He confirmed that his own

copy was aXoso translation and he said he thinks the

interpreting was done by the Eastern Cape Regional Action

Council, That is of the Congress of the People, my lordSc

Nialipi also stated that the directives of the National

Action Council were to the effect that the object of the

lectures was that they should teach each other, as when

he was given a copy he was told to read it so that he

could speak about it . I t ' s quoted there, my lords, that

reference. Nkalipi's evidence in regard to the distribu-

tion of these lectures* is confirmed by Exhibit DM.10 dated

18th September, 1955, which is a letter from the National

Action Council of the Congress of the People to the Pro-

vinces, the Regions, stating that 50 copies of the first

series of lectures are meant to be studied by groups of

volunteers, and we invite your lordships' attention to

VM. 15, VM. 19, VM.20 and VM.21, - Xosa translation.

Ndw, my lords, apart from this your lordships

find that dealing now more specifically with the New

Brighton Branch of which this man was a member, copies

of the lectures were found also in the possession of

Mayekiso - copy of A .84 was found in his possession,.

Now, Mayekiso, my lords, was a member of the New Brighton

22125 MR. TRENGOVE

Branch; he was a member of the A .N ,C . Cape Executive;

he was chairman of the Ea-itern Cape Regional Committee

of the African National Congress, and in 1955/56 he was

chairman of the A .N .C . New Brighton.

A copy of A .84 was also found in the possession

of W.Mkwayi; he was Regional Volunteer-in-Chief, he was

Treasurer of the New Brighton Branch, he was Volunteer-in-

Chief of the Eastern Cape Region. A copy of the lecture

was also found in Mini's possession, to which I have al-

ready referred. He was Secretary of the Regional Action

Council of the Congress of the People.

Now your lordships will see that Nkalipi said

he received his copy of the lecture from the Regional

•^ction Council of the Congress of the People at New

Brighton, and he said Tshume was the Chairman of that

Council.

Now Tshume was also a member of the New Brighton

Branch, and my lords, he was secretary of the A .N .C . in

1956, and my lords, he was also a responsible official

in that area.

Now, my lords, I respectfully submit that

on that evidence alone, that this comes from the Regional

Action Council of the Congress of the People of which

all these New Brighton people were members, and were repre-

sented on the Executive; they had copies in their area.

The training )f volunteers was a vital and important

matter.

BEKKER J: Was this put to the accused?

M . TRENGOVE ; What, my lord?

BEKKER J; Why all these people should have it

and he knows nothing about it .

Collection: 1956 Treason Trial Collection number: AD1812

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