university of the witwatersrand...port on the a.n.c conference. 7/7/1954, amongs; th peret - sons...
TRANSCRIPT
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MR. TER3IAMCHE; May it please your lordships, my
lords, I deal first with Accused No.22, C. Mayikeso. As * — »
in the other cases, my lords, we have prepared a Summary
of the e/idence against him which I ask leave to hand to
the Court.
Your lordships will see that there is an index and
in this case, my lords, the evidence has teen dealt with in
the same way, in the same order, except that the meetings
are dealt with before the documents possessed.
In section A, my lords,is set out the overt act
charged against the accused which consists of conspiracy -
three meetings and a manuscript of his speech at the Con-
gress of the People which we allege is a manuscript of
the speech he made there. Part D of the Indictment.
Then Part U of the Indictment, my lords, that is
attending the meeting of the Congress of the People at
IQiptown on the 25th and 26th June, 1955.
In Part B we set out the membership of this accused
in the various organisations of the A.N.C. and it shows that
he was a member of the A.N.C. 1955 - there is a document,
a membership card. Secondly, he was a member of the National
Executive Committee of the African National Congress; the
evidence is listed there, my lords, and from documents JJ.19
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21811.
MR. TERBLANCHE
the same appears; also from PDN.144> Minutes of an A.N.C.
Conference at Bloemfontein on the 17th. December, 1955.
There it shows that he was elected to the Homes and Secu-
rity Commission. Your lordships will remember that certain
Commissions were elected at that Conference and he was
elected to the Homes and Security Commiission. He was also
elected to the National Executive Committee.
Then, my lords, he was a member of the Cape African
National Congress Executive Committee as l i s t e d . . . . .
BEKKER J; What year?
MR. TERBLANCHE; My lords, the year is not stated,
in this part of the evidence, but from the documents, my
lords TET.l which is Croxley Exercise Book containing a re-
port on the A.N.C. Conference, 7/7/1954; amongst the per-
sons elected appears the name MyeMso. RR. 58 is a list of
officials, and amongst the names is that of C.J.Mayekiso.
So the year appears to be 1954 and 1955.
My lords, there are also others mentioned there,
TAM.4 - all found in the possession of other members of the
African National Congress, and A.17, my lords, the trans-
lation. . . . .
BEKKER J; I'm just a bit puzzled, Mr. Terblanche.
How it JJM. 19 admissible against this man?
MR. TERBLANCHE_1 This is only put there because
that was put to the witness Luthuli, and he admitted that
that reflected correctly the position.
BEKKER J; Then i t ' s luthuli's evidence, not JJM.
MR. TERBLANCHE: But this was put to Luthili, my
lords, I put it in there.
BEKKER Ji Yes, well here then you rely on luthuli?s
evidence„
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21812
MR. TERBLANCHE
MR. TERBLANCHE; Luthuli's evidence, my lords. x
BEKKER J; What about PDN.144?
MR. TERBLANCHE:; Those are Minutes, my lords, found
in the possession of Nokwe.
BEKKER J % TET . 1?
MR. TERBLANCHE; That is a report, my lords, found
in possession of Tshunungwe.
BEKKER J; Yes.
RUMPFE Js What is your submission, Mr. Terblanche?
On TET.l?
MR. TERBLANCHE s My lords, that having been found 1 0
in the possession of a co-accused, this can be used against
this accused.
RUMPF7 J° Is this under the section?
MR. TERBLANCHE; No, my lords, i t ' s not.
15
RUMIW Ji Why is it then admissible?
MR. TERBLANCHE; My lords, the section provides
that if a document is found in the possession of a member
of an organisation of which an accused is also a member,
then --my lor is , it says if it deals with various mat- 20
ters, authorship, membership - then it 's admissible. . .
RUMPFF Js Would you just like to look first?
MR. TERBL A NCI-IB: As your lordship pleases.
My lords, it ' s section 263 bis , section (a) says; Any
document, including any book, pamphlet, letter, circular . . . . e 25
RUMP7F J ; You now say it is admissible because
of the provisions of this section?
MR. TERBLANCHE % Because of the provisions of the
section, my lords. Sub-section (r>) -"On the face whereof
a person of a name corresponding to that of an accused
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21813.
MR. TERBLANCHE
person appears to be a member or office bearer of such
organisation, shall on its mere production by the Public
Prosecutor in any criminal proceedings be prima facie
proof that the accused is a member . . .
RUMPFF J; Just repeat that please.
MR. TERBLANCHE; "Any document which was at any
time on premises occupied by any association of persons
incorporated or unincorporated, or in the possession or under
the control of any office bearer, officer, or member of such
association, on the face whereof a person of a name corres-
ponding to that of an accused person appears to be a member
or office bearer of such association, shall on its mere
production by the Public Prosecutor in any criminal proceed-
ings be prima facie proof that accused is a member or such
an office bearer of such association as the case may be."
RUMPFF Ji Yes.
MR. TERBLANCHE; The saoe applies, my lords,
to PR.58 found in the possession of Resha and TAM. Makwata
whom we allege was also a member of the Afric an National
Congress, and A.17 which was found in possession of the
African National Congress.
Then, my lords on page 3, that he was a chair-
man of the New Brighton Branch of the African National
Congress during 1955 and 1956. The evidence of Nkalipi r f
and Msangani. He was a member of the Eastern Cape Regional
Committee of the A„N.C. and also chairman of this committee.
Evidence of Nkalipi, and documents; the first one I ' l l
ask your lordships to delete. TT.13, my lords, is a typed
do cument . . .
RUMPFF J; MA.155 you want deleted?
MR. TERBLANCHBt MA.155, your lordships, yes.
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21814.
MR. TERBLANCHE
That I ask your lordships to delete. TT.13, my lords, is
a typed document headed ^Statement issued by the Eastern
Cape Regional Committee of the A .N .C " , and at the bottom
appears C . J . Mayekiso, Chairman Eastern Cape Regional Com-
mittee of the African National Congress; that was found
in the possession of Tshune who we allege was member of
the African National Congress. He was also an Executive
member of the South African Congress of Trade Unions - the
evidence of Mandela and Nkalipi, and documents, my lordS;
MA.150 . .
BEKKER J; Does the evidence show when he w as a
member?— Erom the first, the Inaugural meeting, he was
elected a member of the National Executive Committee of
the South African Congress of Trade Unions.
BEKKER J; That was 1954?
MR. TERBLANCHEz 1954, my lords. My lords, the
Inaugural Conference was in March, 1955. Then MA.150 is
a document - a South African Trade Unions circular dated
20th April, 1955; it bears the signature of C.J.Mayekiso
South African Congress of Trade Unions. This signature
was admitted to be that of the accused Mayekiso, my lords.
Then D .20 , my lords, Minutes of the Inaugural Conference
of the South African Congress of Trade Unions, from the
5th to the 6th March, 1955 , and at page 2315 it shows
that C. Mayekiso was elected to the Executive Committee.
LLM.151, my lords, a report of the Eirst Annual
National Conference of the South African Congress of Trade
Unions, Salt River, the same as above; this was found in
possession of Leslie Masina, an accused in this case, and
v/e allege a member of the South African Congress of Trade
Unions, and it also shows that Mayekiso was elected.
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21815. MR. TERBLANCHE
BEKIE R J : Well, has it been proved that Masina
wasa nenber? You allege it , but has it been proved?
MR. TERBLANCHE; We'll show it , ny lords, when
his case is dealt with, and when argument in regard to the
South African Congress of Trade Unions was presented there
it w as shown that he was a nenber. He wast he General-
Secretary, ny lords.
My lords, he was also a volunteer and he was a
Volunteer-in-Chief at New Brighton - evidence of Nkalipi
and Matthews. And he was Volunteer Group Leader, my lords,
- that's docunent JJ.18 found in possession of J.Jack who
we allege and will show, ny lords, when his position is
argued, that he was a nenber of the African National Con-
gress.
He wasalso a nenber of the Eastern Cape Consulta-
tive Connittee - evidence of Matthews, and docunent TT.2,
which was found in possession of Tshune and signed C.Mayekiso
- Assistant Chairman. And he was the organiser for the
Congress of the People in the Eastern Cape - the evidence
of Matthews, at pages stated there.
Then, ny lords, I say that he signed docunents
for the Secretariat of the Regional Action Connittee of the
Congress of the People, and that the docunents are A .156 ,
- the first one; The Defence admitted this to be the
signature of the accused. It consists of a nunber of
letters, the second one fron the Eastern Cape Regional
Action Connittee, Port Elizabeth, dated 9th March, 1955.
It is addressed to the Secretariat of the National Action
Council, Johannesburg.
?M>5, ay lords, is a docunent found in possession
of E . Mene. The Defence also a dnitted that this was the
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21816. MR. TERBLANCHE
signature of the accused and it 's a roneoed circular by
the Cape Eastern Provinco Provincial Committee of the
National Action Council Congress of the People. It deals
with a meeting to be held on the 26th September, 1954,
and it bears his signature.
JJ .1 ? my lords, found in possession of J . Jack,
a person already mentioned; it 's a roneoed document about
the Joint Executive Meeting of the Cape sponsoring orga-
nisations for the Congress of the People held at George
on the 16th to the 18th October, 1954. It shows that C.
Mayekiso of Port Elizabeth was elected to the Working
Committee. Your lordships will remember from the evidence
already dealt with in regard to previous accused that
there was held at George this meeting and that the persons
attending this meeting were searched there, and certain
documents taken from them„
Now, my lords, Part C - we set out the searches
conducted by the different members of the South African
Police and the documents then seized by them from the
accused. My lords, the first one was . . .
RUMPEE J; Do you want to read th© whole thing?
MR. TER3LAI
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21817
MIL TERBLANCHE
and the taking of these documents, CM. 38 to 48.
RUMPFF Jt Where was that?
MR. TERBLANCHE; At the Congress . . .
RUMPFF J ; What page?
MR. TERHLANCHE% Page 7 , my lords. My lords,
then in Section B, I deal with the activities of the accused.
Before going into that nay I just make this submission, my
lords; on the documents so far dealt with from page 5 it
shows that the accused was active also in these various
oganisations, by signing these letters; others will st i l l
be presented to the Court at a later date.
Now, ay lords, I first deal with the authorship
of documents. The first one is NA.150 - I 've already dealt
with that, to show his position, and the signature on this
document was admitted by the Defence. A .165 , ay lords, a
document consisting of a number of letters; one is a
letter from the Eastern Cape Regional Action Committee, and
the signature has been admitted.
Then VM05, my lords, on which the signature is
also admitted; I have also dealt with that one. Then TT.13
my lords, is a typed document found in the possession of
Tshume, and therefore for its admissibility gainst the
accused I rely on section 263 bis ( i ) (d ) . It is signed
by Mayekiso . The document deals with the banning of
the meetings ir Port Elizabeth and Humansdorp; it gives
as one of the reasons for this that the Government was
growing daily more desperate and more tyrannical, and as
examples of this it gives the banning of leaders, news-
papers, the gaoling and victimisation of freedom fighters,
and stated that this was done in the name of white supremacy
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21818.
MR. TERBLANCHE
and Western Christian civilisation. The document also
states that the liberation of the African people is on
the Agenda of world history in our time, and that nothing
that the Government can do will halt its inexorable march
of the people towards a free united democratic and progres-
sive multi-racial South Africa in their own lifetime.
It stated that the A.N„C. calls upon the people of
all races to unite in opposition to the Government and
its unjust laws, and that the A.N.C. was confident that
by rallying around a truly democratic programme such as
the Freedom Charter, the people can and will defeat the
Nationalist dictatorship,
Nov/, -ay lords, in this document the accused shows
that he realised that the Government was growing daily
more desperate and more tyrannical . .
RUMPF? J; Well, this speech speaks for itself.
MR. TERBLANCHE; As your lordship pleases.
Then TET„83, my lords; this document was found in posses-
sion of T. Tsunungwe at George, and it is a letter dated
Port Elizabeth on the 1st October, the year not stated
in the record it is addressed to Tshunungwe at
Queenstown and it relates to the Congress of the People
and the Regional Conferences. The signature has been ad-
mitted «,
Then, my lords, I deal with other documents shew-
ing the activities of the accused. A.70 is Minutes of
a Meeting of the National Executive Committee of the A .N.C .
on the 25th June, 1955. My lords, this was a day before
or on the day when the Congress of the People was being
held at Kliptown. It shows that although the accused was
not a member of the National Executive Committee at the
25
30
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21819. MR. TERBLANCHE
tine, he was introduced as an observer from the Cape and
he was allowed to remain at the neeting, and at this
nee ting Tshunungwe gave a report about the Boycott of
Bantu Education in the Eastern Cape, and he also read
a draft report by the Secretariat on Bantu Education.
This report was not discussed but it was decided that e ach
member should apply for a copy and study it .
Then, my lords, page 362; a resolution was read
in, a resolution was passed at the Congress of the People
as follows; nWe pledge ourselves to continue to work for
the achievement of the demands of the Freedom Charter
and to get the Freedom Charter endorsed and accepted by
all democratic organisations, and people.
TET.70, my lords, is a document found in pos-
session of Tshunungwe, it 's a typed document headed "The
African National Congress, Cape Province, Minutes of the
last Executive Meeting held in Cradock on the 11th Septem-
ber, 1954." It shows that the accused attended this meet-
ing, and it states that a decision was taken on the forma-
tion of the Provincial Action Council ani the formation of
the Regional Action Council.
AM.96, my lords, was a document found in posses-
sion of R. Mahlangu,, a member of the National Executive
Committee of the South African Congress of Trade Unions.
This has already been presented to your lordships when
the South African Congress of Trade Unions was argued.
It is the Minutes of the National Executive Committee of
the South African Congress of Trade Unions held on the
27th June, - the year is not stated, ny lords, but it can
only be 1955 or 1956, because it was only formed in March
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21820.
MR. TERBLANCHE
1955. It was held in Johannesburg and it shows that
accused 22 attended. It further shows, my lords, that
the President stated that it was important to recognise
the role assumed by the World Federation of Trade Unions
and that their decision to affiliate would be to their
advantage, and on a motion it was agreed to affiliate
with the World Federation of Trade Unions, and the follow-
ing resolution was also taken at this meeting at page
3402; "The South African Congressof Trade Unions recog-
nises the Freedom Charter as adopted by the Congress of
the People as a document enshrining the aspirations of
the majority of the South African citizens and firmly
resolves to appoint all workers with its contents."
My lords, then I deal with meetings attended by
this accused, and according to the Exhibit X . 2 0 , ay lords,
and pages 9772 to 4 of the record, he attended . . .
BEKIER J ; What is X .20?
MR. TERBLANCHE; My lords, your lordships will
remember that a large number of meetings in the Eastern
Cape - we did not lead any evidence as to what was said
at those meetings, but this exhibit was handed in . . .
BEK&IR J; What is X,20?
MR. TERBLANCHE; That's an exhibit, my lords, a
schedule setting out certain meetings and persons who
attended, and spoke at that meeting, or meetings rather?
and the type of meeting it was.
Now, my lords, there are stated several meet-
ings; the accused spoke at all of them, according to
that exhibit, and the evidence at page 9772 to 4 of the
record. My lords, before dealing with these meetings
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21821. MR. TERBLANCHE
nay I just refer your lordships shortly to the evidence
of Nkalipi at page 15634 of the record.
RUMPFE J; What meetings are you now on - - "before
dealing with what nee tings? You say the next one . . .
MR. TERBLANCHE; Those meetings in regard to which
we led evidence as to what was said at those meetings. My ^
lords, Nkalipi in giving evidence at page 15634 of the
record gave the following evidence; "And one of the things
which the A.N.C. regarded as essential was the raising of
the political consciousness of the masses; do you know
that?— (A) I don't understand." 1 0
RUMPFE; J; Is that in chief, or in cross exami-
nation?
MR. TERBLANCHE; Cross examination, my lords.
( "Q) They had to prepare the people mentally for the part
that w as expected of them in the liberat ory struggle?—
(A) I don't know in that wav, my lords, because the people
I think are being prepared by the conditions themselves
which they live under; only that the Congress, I know,
aimed to do was to have the people under each unit so
that they could fight as one figure to achieve the proper
conditions which are worth for a human being."
(MQ) And did they not also have to teach the people the
method by which they had to achieve this freedom from
oppression?— (A) Well, the teaching, my lords, comes
daily from the public platfoms, from the speakers who
exactly understand the way of how we are to campaign and
to fight - what methods to be used."
(l ,Q) So the purpose of all these public meetings was really
toeducate the masses as to the objects of, that the A .N.C .
was seeking, and the methods by which they weere seeking to
15
20
25
30
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21822
MR. TEEBLANCHE
achieve them?— (A) Correct, my lords."
("Q) And then you used to have at these meetings people
who knew the policy of the A.N.C?— (A) Yes, my lords."
(MQ) To address the crowds?— (A) Yes, my lords."
( n Q) These people knew the policy, both as to the objects
and the methods?— (A) Yes, my lords."
Now, my lords, on that evidence may I make this
submission, that these meetings in Port Elizabeth and its
environs were meetings specially called and that the
speakers there were speakers specially -chosen by the A .N.C .
to address the crowds for the purpose as stated by Nkalipi.
RUMPFE Js How do you mean when you s ay they
we re specially chosen by the A.N.C?
MR.TERBLANCHE: That is what Nkalipi said, my
lords; the A .N .C , - by the A.N.C. I mean, my lords, those
branches at Port Elizabeth arranging these meetings.
And, my lords, that if the Crown has succeeded
in proving that there was a conspiracy of the nature alleged
by the Crown, then I further submit, my lords, that all
these meetings were held in pursuance of and in furtherance
of that conspiracyc Whether your lordships accept what
was said at these meetings or not, whether your lordships
accept the actual words or not, I submit that your lord-
ships will at least accept that the theme at those meet-
ings was the usual theme which appears from all other
meetings, the theme that appear from the documents, and
that your lore1 ships will find that those meetings were held
with that purpose which I have submitted, my lords.
The first meeting I refer to, my lords, is an
African Natioral Congress meeting held at Veeplaats on the
7th February, 1954. Now your lordships will notice that
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21823. MR. TERBLANCHE
in the Summary there is a figure 17 behind that meeting, I
think your lordships will remember it has been explained
What that means.
BEKKER J; Yes, we know.
MR. TERBLANCHE; My lords, I also state who the
witness was.
BEKKER J; Segoni, was it?
MR. TERBLANCHE; Yes, my lords. I do that, my
lords, so as to enable your lordships, if your lordships
should find that a certain witness is not to be relied on
at all , it will be easy for your lordships to delete that
meeting.
My lords, the chairman at this meeting was one
Stuurman and the speakerswere Natche, Nieri, Qiko, Mayekiso
the accused and Dr.Njongwe. Now, my lords, Meyekiso spoke
after Nieri but no particulars of his speech were given in
evidence, but I have typed into the record there, my lords,
the speech of Nieri, and in this speech Nieri says that
this organisation is not Dr. Nongwe, Natche, Dr, Moroka and
Dadoo and Luthuli. This organisation is for people, and
those who don't join we shall tramp on them, proceeding
towards freedom."
Your lordships will remember that at many meet-
ings, not only in the Eastern Cape, but in many other meet-
ings this idea of tramping on those who stand in their way
is expressed.
Then, my lords, he further refers, at the end
of his speech, to "Whether you die in gaol or shot along the
streets for the sake of your people you will go to heaven.
The hell machinery is in the Parliament." My lords, again
the same idea is expressed, that in their struggle they've
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21824.
MR. TERBLANCHE
got to reckon with violence against them. 2,
BEKKER J : I'm on something else. The Crown knows
that Mayekiso spoke at that meeting. The Crown presumably
had his speech, but he didn't lead it .
MR. TERBLANCHE: No, my lords.
BEKKER J; How do we know, for instance, that g
Mayekiso didn't disassociate himself with what was said
there?
MR. TERBLANCHE; I t ' s difficult, my lord, but
if he did then that would have been read into the record.
BEKKER J; How do we know that? The Crown had l c
his speech.
RUMTFF J: The Crown might not have caused his
disassociation to be read into the record.
MR. TERBLANCHE: My lords, I can only say that
if the Crown should do a thing like that - - but I accept ^
my lords, that - - I only want to say this, my lords,
that if that were so the Crown would have . . . .
MR. KENTRIPGE: I object, my lords, to my learned
friend's statement. I know he doesn't mean . . . .
MR. TERBLANCHE; I f my learned friend will only (Li
listen until I have concluded what I was going to say, my
lords . .
RUMPFF J: Well, what were you going to say?
MR, TERBLANCHE: I was going to say, my lords,
that I can assure your lordships - this is only as far
as the Crown is concerned, I 'm not using it as an argument
my lords - - that I ' l l state later - - but a3 far as the
Crown is concerned, i f anything like that was in that
speech we would have read it in, That's only as far as
the Crown is concerned and I'm not using it as an argument
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21828. MR. TERBLANCHE
ny lords; I 'm accepting, my lords, that there is nothing 1
to show that he did not disassociate himself from that
speech, and I leave it at that.
RUMPFF J; Yes.
MR. TERBLAMCHE; Then I come to the meeting, my
lords, held at New Brighton on the 20th March, 1954. The 5
witness was again Segoni and C. Mayekiso, the accused, was
the chairman at this meeting and said the purpose of the
meeting was to form a "branch of the A.N.C. Womens Leqgue.
He also said the African National Congress Womens League
was to stand under the supervision of the African National 10
Congress. The other speaker was Matshe, my lords.
I mention that to show he associated with these speakers,
and with thes3 meetings.
Then the next one, my lords, is the African
National Congress and the African National Congress Youth 15
League Conference held at Uitenhage on the 26th and 27th
June, 1954. My lords, I 'm not referring here to any
speeches because this Conference has been dealt with so
often that I 'm sure i t ' s not necessary to refer to these
speeches. But there was a speech made by Resha to which 20
reference has often been made, my lords.
I wish to point out, my lords, that C. Mayekiso,
the accused,thanked the speakers, that is after Luthuli
had spoken and after Sisulu, the Secretary-General had
spoken, and he took part in the proceedings of this con- 25
ference, my lords»
The next, my lords, is an A.N.C. meeting at
Veeplaats on the 1st August, 1954, - the witness is one
Moedlane. The position of this witness, my lords, will be
argued at a later stage by another member of the team. 3 0
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21826. 21828. MR. TERBLANCHE
Mayekiso, who was the chairman, and the speak-
ers were Tshuku, Yshume, Mkwayi, Ntsangani and Ntunja.
My lords, I put in the speech of Tshuku there, and the
speech of Mkwayi and the speech of Ntsangani. Again, my
lords, there is nothing on the record to show that Mayekiso
in any way disassociated himself from these speeches, being
the chairman, and being the chairman I submit, my lords that
he was fully responsible for whatthese people said.
I refer to the speech of Mkwayi at page 9543
lines 6 to 11 - i t ' s the last paragraph on page 15,
where he said; "Our friends were sent next to the Mau-Mau.
Jomo Kenyetta did organise his people and was arrested for
that and the Mau Mau will never be finished at Kenya and
we will have them in this country. I f the Europeans is
hitting you you should hit him back."
My lords, here again, the theme is Kenya
and what happened in Kenya, and the part played by Jomo
Kenyetta and he says that this will also happen in this
co untry.
Then the speaker Ntsangani, my lords, who
says, "We are going to organise the youth to the A.N.C.
The men are dying day by day from far East to West, because
the capitalists kicking all the oppressed people. The
Europeans when they defeated Germans they xame back and
oppressed the people. At Kenya when Jomo Kenyetta was
organising his people was arrested through people of
Kenya are still doing their struggle. Again in Kenye
there is a special C . I .D , call him Percy, the Kikuyu die
and also a European die next side. We understand that
young men is coming here, but if anything happens here we
are not going to accept that but to our all the people
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21827. MR. TEEBLANCHE
conference. We are going to say something what is happen-
ing in Kenya will happen here. At this Malan's time we
are going to protect us."
My lords, again the same theme that we find in
the documents and in speeches in other parts of the coun-
try, what is happening in Kenya, pointing out to the people
how the Kenya people ore fighting.
Now, my lords, in cross examination of this meet-
ing, at page 9561 of the record, the witness admitted that
part of Tshume's speech was - - rather, it was put to him
that it was unintelligible and he said that part was in-
telligible .
And then Mkwayi's speech, the portion reading
"When they shouted Afrika the rain fell and the police
were there with big machine guns. About the Union work-
ers we must teach our youth from 12 to 16 years and they
were given bigger work though he is getting £1.10 .0
per week."
This was put to the witness and he agreed it
was unintelligible. He agreed that his English is poor
"so that some other notes I couldn't take them nicely".
In Mkwayi's speech I left out the word 'violent' after
'non', and the meeting lasted 3 hours and was recorded on
two pages.
My lords. I just point that out; his whole
position will be discussed by another member of the team.
But I wish to point out that these themes which, accord-
ing to his nctes are discussed, there, are the themes which
we find in the documents and in speeches of other meet-
ings taken by other witnesses.
Then, my lords, I next refer to the meeting
-
21828. MR. TERBLANCHE
of the African National Congress held at Port Elizabeth 1
on the 27th November, 1954. The witness was again
Sogoni and Mayekiso was the Chairman, and at this meeting
he was elected as a delegate to the A.N.C. Conference
which was to be held in Durban in December 1954.
Then the next meeting, my lords, is an A.N.C. 5
meeting held at Veeplaats on the 5th December, 1954; the
witness is again Sogoni, Mayekiso was Chairman, and he
is purported to have said the following at page 9657,
line 4: "During last Sunday New Brighton and Veeplaats
branches could not use its speakers because it was a 10
Regional meeting. Now 1954 has come to an end and we are
now facing the Annual General Conference where all branches
will give reports of the work done".
"All members should now pay the levies up to
date. There are few weeks left before we attend Conference 15
in Durban. It is important to know that many things have
happened. When v/e are on the road towards freedom we must
expect death."
The same theme, my lords, that we find all
over, that on the road to Freedom, the wey they are follow- 20
ing, they must expect death.
"Mr. Swart has been given powers and he
directs the police to rule this country. We in the A.N6C0
and other democratic organisations have taken a pledge
to march for.vard in spite of some people standing in 25
our way" " In the struggle for freedom we are undergoing
hardships". "Our people are being killed by the police,
the organisation is on the road towards freedom, and it is
expected for any man to protect himself. It is painful
to see our people killed and some people want to know why
-
21829.
21828. MR. TERBLANCHE
the A.N.C. is not taking action against the police. The
A.N.C. does not instruct the people to fight back whilst
being assaulted by the police. All members should know
that they are in the struggle. This morning we had
attended the Congress of the People - the people are determined
to carry out - the police are determined to carry out Mr.
Swart's instructions. Shoot first and talk afterwards.
We are go ing to make "
Now this sentiment, my lords, we have also
heard expressed at meetings in Johannesburg, that Mr.
Swart has given instructions - I think also in documents,
my lords - to the police to shoot first and talk after-
ward s.
"We are going to make reports of such nature to
the Congress of the Peoples Conference next year, and those
reports will be put in the Freedom Charter. The Government
is prepared to fight against the people who are fighting for
freedom. All Afrixans should become members and possess
membership cards• All those who have not joined this
Freedom Volunteers must enlist to the secretary."
Now, my lords, here the accused is enlisting ]
persons as Freedom Volunteers,
Then, my lords, I also put in Makwayi1s speech
on the same ground that the accused was the chairman of
this meeting and he referred to the removal - "The
Government intended to remove Africans from Western Areas
in the Transvfal, but as a result of the pledge taken by
the A .N .C .Y .l r and the A.N.C. the Government has not been
successful in enforcing this law. I am sure that in New
Brighton no African will be removed alive, but only ashes
could be removed. We are not prepared to keep on drifting
-
21830. MR. TERBLANCHE
from place to place".
Your lordships will see fron that that they
were aware of the campaign against the removal of the
Western Areas in Johannesburg, and that they supported it,
and that there the determination was that if that should
happen in New Brighton then they won't be removed alive.
My lords, the next is a Congress of the People
meeting held at Veeplaats on the 2 0th February, 1 9 5 5 . The
witness is again Sogoni, and Tshume was the chairman, and
he says that he opened the meeting under the auspices of
the A .N .C . , S . A . I . C . , Congress of Democrats and Coloured 10
People's Organisation. Mayekiso made a speech, my lords, in
which he is alleged to have said this: "Mr.Chairman, I want
to speak in English; I have been appointed by the Eastern
Cape Committee to read the demands of the people at this
meeting. This is not last but least. Some people do not 15
know what kind of freedom we want. Before we go into the
new Africa we must have the demands of the people. Gwentshe
will preside as a Judge in the trial of the traitors."
"As Gwetntshe will be one to preside as a judge at the trial
of the traitors." 20
And then he read the demands of the Regional
Executive Committee. My lords, this at least supports
the campaign for the Freedom Charter, ahd here we also find
what we find throughout the speeches recorded,not only at
Port Elizabeth but . . . 25
KENNEDY" J; As recorded there, Mayekiso didn't
apparently take much notice of what he was saying there . . . . This is not last but least
MR. TERBLANCHE; That is so, my lords, but one can
very easily transpose two words like that. We find in this,
nry lords, the threat against traitors. 30
-
21831
MR. TERBLANCHE
Now, my lords, the next meeting was a Congress i
of the People Meeting held at Veeplaats on the 20th March
1955. The witness was one Gaze, my lords, and Gaze said
in evidence that he was attached to the Special Bramch since
1954. His home language is Xosa. He also has a knowledge
of Zulu and he has a good working knowledge of English; 5
that was his evidence in chief, at page 9898. Then he was
cross examined, my lords, at page 10009. There he said,
my lords, that he had attended a great number of meetings
similar to the one that he had testified to and held by
the same organisation, and that he attended about one meeting
per week, and then follows the time taken by the meetings
and on how many sheets of type they were recorded - this
is in his cross examination, my lords. Then he said that
a great deal cf what was said by the speakers he. was unable
to record, and his notes did not indicate what language was
used. He said that one speech was delivered in English and
the rest were in Xosa. He was not certain about the speech
made by Resha. He had reported in one of his meeting a
speech by Resha, and he said he wasn't sure in what language
that was taken. 2Q
My lords? then there was put to the witness what
he had said at the Preparatory Examination and there he
had said that he couldn't remember at all in what language
different speeches were made; he couldn't at that time
indicate, and now it was put to him, that now he was in a 5C;
position to indicate that all the speeches were in Xosa
and only one in English, and he wasn't certain about Resha,
and why he was now certain - - this was about two years
later - - he said well, he just remembered now. And it was
put to him what had refreshed his memory and he said well, 0 ,
1
-
21832. MR. TERBLANCHE
nothing, he just remembered. 1
Now, my lords, on the face of it that may appear
to "be rather contradictory, "but, my lords, the evidence
is that the speeches in the Eastern Cape were mostly, -one
could almost say practically all of them - were made in
Xosa. When they were made in some other language it was 5
an exceptional circumstance.
BEKKER J: Well, if the witness had made that
reply it might have been different.
MR. TERBIANCHE; My lords, I am only on the ques-
tion of why he remembered then. 10
BEKKER J; But he didn't advance this reply.
MR. TERBLANCHE; No, he didn't advance this reply.
BEKKER J; If he had given that reply I could under-
stand your point, but he was given an opportunity and didn't
avail himself of the point you make. 15
MR. TERBLANCHE; He also said that he remembered,
my lords.
BEKKER J; Yes.
MR. TERBLANCHE; He couldn't say why he remembered.
He further said, my lords, that sometimes he left out 20
whole sentences and he did not indicate this in his notes.
If he did not understand the sentence he did not record it,
and he agreed that there may be quite a few such sentences.
And he also said that the Xosa language was full of idioms
- full of figurative speech. 25
KENNEDY J; Mr. Terblanche, what is the Crown's
submission on the reliability of Gaze as a witness?
MR. TERBLANCHE; My lord, the Crown's submission
is this, that Gaze admitted that he was a slow writer, he
made a lot of admissions in regard to portions left out, oq
-
21828. MR. TERBLANCHE
sentences left out; his difficulty sometimes with the
idioms, to get it down correctly. But my submission is,
my lords, that as a witness the Court will accept that
that which is written down and which is intelligible was
actually said by the speakers.
RUMPFF J; What portion of the evidence do you
want us to look at? Is it what you've got here at page
20?
MR. TERBLANCHE; My lords, that is the first
meeting held and dealt with, and that is why I am now d eal-
ing with . .
RUMPFF Js Is he coming again?
MR, TERBLANCHE: Yes, my lord.
RUITPFF J ; Well, alright, look at this meeting;
what words do you want us to look at? At the top of page
20 there is the allegation that he spoke about the removal
of the WesternAreas, the boycott of Bantu Education - -
the topic he dealt with. You say that that topic appears
from what he said he reported.
MR. TERBLANCHE: Yes, that is how it was read
into the record, my lords,
RUMPFF J: I t ' s a summary?
MR. TERBLANCHEs Yes, my lord.
RUMPFF J: You say that we ought to accept, that
Mayekiso spoke about the Western Areas Removal.
MR. TERBLANCHE: Yes, my lord.
RUMPFF J: Nothing more.
MR. TERBLANCHE: Nothing more, my lord.^
RUMPFF J: Very well . Then you go on to the
next portion- and that is the . . .
MR. TERBLAMCHE: The cross examination on that
-
21828. MR. TERBLANCHE
meeting, my lord.
RUMPFF J; And then, coming to what we must l>ok
at, the v/ords. This is the crusifixion of the volunteers.
MR. TERBLANCHE; Yes, my lord.
RUMPFF J; Is that what you want to rely on?
MR. TERBLANCHE; My lords, no, I 've just given
the cross examination. This cross examination confirms
what he has already said and that is that he may have left
out long sentences.
RUMPFF J; Yes, if he only recorded one and three
quarter pages of typed" report.
MR. TERBIANCHE; The Crown admits that, my lords. )
The Crown admits that there are lots of criticisms against i
these witnesses.
RUMPFF J; So that as far as this meeting is con-
cerned you want us to find that Mayekiso said something
about the Western Areas Removal and Bantu Education schools;
nothing more?
MR. TERBLANCHE; Nothing more, my lord.
RUMPFF J; Very well.
MR. TERBLANCHE; Then I turn to the A.N.C. meeting
held at Veeplaats on the 17th April, 1955, my lords. The
witness in this case is Sogoni and the chairman was Ntsangani.
And again, my lords, I only state that C. Mayekiso spoke
at this meeting and no particulars of his speech were given
in evidence. I put in the speech cf Sisulu but there was
nothing read in from Mayekiso's speech. I 'm therefore not
relying on that.
The next is a meeting of the A.N.C. held at Vee-
plaats on the 15till May, 1955; the witness was D/Native Sgt.
-
21835. MR. TERBIAMCHE
Sogoni, and ITtsangani was again the chairman- speakers
were Mini, Kepe, Nkwayi, Mayekiso, Tshume. Now, my lords,
there I put in the speech of Mini, Nkwayi who spoke before
Mayekiso, and from his speech was read in only that he
condemned the Bantu Education Act. I submit, my lords,
that there his speech wc.3 read in, that portion, summarised
and that therefore there is nothing to show that he dis-
associated himself from those speeches and that therefore
he at least knew what sentiments were expressed in those
speeches, and that he approved of them.
Then I turn to the meeting, my lords, held at
Veeplaats on the 29th May, 1955 - again the witness Sogoni.
and at this meeting Mayekiso was the chairman The speak-
ers were Stuurman, Ekwayi, Mfasa and Tshunungwa. I only
put in the speech of Mfasa, my lords, where he said: " I 'm
not going to say anything about Dr. Verwoerds schools
and my intention when I am cn the platform I want people
to listen carefully. I direct my speech to volunteers
and the time for them to work and not sleep has come.
When we call upon the volunteers to come forward we must
be determined to work, The volunteers must know that
if they sign the volunteer forma they are giving in them-
selves and their souls"
-
21836.
MR. TERBLANC HE
the Defiance Campaign are no more with us in the struggle.
You must understand the struggle is on. This is the last
phase in our struggle and after it freedom will be achieved
There are few who will reach freedom. The time has come
when the U.P. and Liberal Parties are going to come to the
A.N.C. and will be led by us. We must look forward to
freedom."
My lords, then the meeting of the 11th June, 1955
the witness was again Sagoni, and C. Mayekiso was again the
ohairman. And he spoke about the Congress of the People
to be held on the 25th June, 1955 and he dealt with the
demands to be embodied in the Freedom Charter. He also
spoke on Bantu Education. The speakers were Mati, Stuurman
and Tshume. Again he was the chairman, my lords, and
Mati made the following speech: (Page 9732 of record)
" I say stay away from Verwoerd's schools.
The time is coming when the Government provided with ma-
chine guns and rifles will be determined to destroy the
black people but that rifle will turn on him." There is
then a quotation from the bible, and then he deals with
Bantu Education and continues: "No matter what happens,
we are going to obtain freedom". "China people are en-
joying freedom". Then he refers to committees that
have been established to organise for the Congress of
the People and on page 62 he says, "We know that the
Government is going to try and prevent us from attending
the Congress of the People. On the 26th June, 1955,
when the Congress of the People will be ended we shall
remember the day of the Defiance Campaign. The bones
of Hintsa, Makana, Tshaka and others will meet us."
My lords, here there is also mention of the people
-
21837. MR. TEKBIANCHE
of China enjoying Freedom, that we find in the documents
and in other speeches at other places, and the reference
which we find in speeches recorded by other reporters too
about the bones of Hintsa, Makana and Tshaka that will
meet them, are shaking in their graves.
The next meeting, my lords, is the one held
at Veeplaats on the 3rd July, 1955; the witness is again
Sogoni and May a ki ho is again the chairman, and he said it
was fortunate that they were back from the Congress of the
People and that the Freedom Charter was drawn in their
presence. He also said that his copy of the Freedom Charter
was taken from him at Johannesburg,
My lords, I wish to point out here that later
we submit that the accused actually attended the Congress
of the People and that certain papers were taken from him
at the Congresso
Then, ny lords, after Mqota had spoken Mayekiso
is reported to have said that he asked the people present
at the meeting to adopt the Freedom Charter. He also
stated that South Africa was now a Police State.
My lord3, tho next meeting is the meeting
held at Korsten on the 10th July, 1955, witness again
Gqbo. Speakers wore Ifeya.d.so, Vanga and Ntsangani,
Mayekiso spoke on the Peoples Congress, the desirability
of abolishing passes, that he wanted people like Prof.
Matthews to re.preReat themin Parliament, And in cross
examination ol this meeting, at page 10010 was to the
effect that the meeting took two hours and 35 minutes
and is recorded on pages.
The next, my lords, is an African National Con-
gress Youth League meeting held at Veeplaats on the 18th
-
21838.
21828. MR. TERBLANCHE
September, 1955. The witness is again Sogoni; on this 1
occasion W. Mati was the chairman and the speakers were
Fuyani, Mini, Mayekiso and Tshume. Mayekiso is reported
to have said, my lords, at page 9745, "The time is coming
when the leaders will be amongst those sitting. I 'm not
5
going to say much but I can tell you that the A.N. C. is
the mother body, it has born the A .N .C .Y .L . and the
A .N .C .Y .L and volunteers. The struggle is advancing and
as a result of that the Dutch people are deporting the
leaders."
Then he referred to the boycott of schools. 1 0
He again spoke after Mini, my lords, but he did not die-
associate himself from Mini's speech which I quote at
page 26, where Mini refers to MQroka where blood was shed'
- it was later on decided to talk about peace in order to
avoid further bloodshed. Here in South Africa we are I 1 5
pleased with half a loaf and suggest that our people in
other countries are dying on account of the struggle for
freedom. And he continues: t:If a person dies for some-
thing good will never be forgotten in history. We read
daily and we know what happened to the Israelites when 20
they left Egypt". Then he refers to Capitalist America
and England and he says he cannot get up and say Africa
is going to be destroyed. The uplift and downfall of
Africa lies on us. The heroes of this country dies trying
to save this country, for instance Tshaka, Makana and 25
others."
The same themes, my lords, the struggles in
other countries, America is a Capitalist country - how
they oppress people.
Then, my lords, I deal with the meeting of the 30
-
21839. MR. TERBLANCHE
South African Congress of the South African Coloured
Peoples Association held at Port Elizabeth on the 2 7th
November, 1955. The witness was Fritz and Fritz, my
lords, is a Coloured Detective and when he gave evidence
he had been attached to the Security Branch for about
ten years. He took his notes in Afrikaans, he took his
notes from the interpretation, my lords. I f there was an
interpreter at a meeting he took his notes from that in-
terpretation0
Under cross examination he said that he took his
notes in longhand and apart from what was in his notes he
remembered nothing of what was said. It w as impossible to
take down everything that was said; his notes do not con-
tain any punctuation marks. He said that as he had read
out the notes he thought they were all complete sentences.
He says if he did not hear or understand a person he did not
write it down. There were sentences missing out of his
reports of speeches, and he does not understand any native
language.
Now, my lords, in my submission it is again to
be the same with this witness as with any other longhand
writer; he has admitted he left out many things, which
is also clear from his reports.
My lords, at this meeting one S. Fischer was the
chairman and the speakers were Mayekiso and Resha. No
particulars of the speech of Mayekiso was given in evidence
and therefore, my lords, I won't refer to the speech of
Resha . . .
RUMP-̂ F J: You won't what?
MR. TERBLANCHE; Refer to the speech of Resha, my
lords, because there is nothing to show that he disassociated
-
21840.
MR. TERBLANCHE
himself from that speech, Nothing was read in from
his speech.
My lords, then the meeting of the Action Work-
ing Committee of the Freedom Charter, at Eastern Cape,
held at Korsten, on the 11th December, 1955. The witness
was again Sogoni, Tshume was the chairman and the speakers
were Mini, Fletcher and Mhyekiso. Mayekiso also acted
as interpreter , , ,
BEKKER Jj I just want to take you back. I want
to know: you say you are not reading anything from the
speech of Resha?
MR. TERBLANCHE: Yes, my lord.
BEKKER J: Because you don't know whether he
associated or dis-associated himself from it?
MR. TERBLANCHE: Yes, my lord.
BEKKER J : What I want to know is, do we ignore
Resha's speech? As far as Meyekiso is concerned?
MR. TERBLANCHE: Well, my lords . . .
BEKKER J: 1 want to know exactly what you mean;
are you relying on it as far as Mayekiso is concerned?
MR, TERBLANCHE: I 'm relying on the fact that
Mayekiso attended this meeting and that he spoke at this
meeting.
BEKKER J; Yes.
A n d i't was one of the meetings
organised for the purpose for which I have stated, that
he took an active part in that.
RUMPFF J: According to this information on
page 27 Mayekiso spoke before Resha; is that correct?
MR. TERBLANCHE: That is correct, my lord,
RUMPFF Ji Is that what the record says?
-
21841. ME. TERBLANCHE
MR. TERBLANCHE; That's what the record says, my
lords.
HJMPFF J; Yes.
MR. TERBLANCHE; I'm only relying on the fact that
he attended this meeting, my lords, of another organisation
and that he spoke at that meeting - another organisation
which the Crown alleges was in this conspiracy; 1he South
African Congress - the South African Coloured People s Orga-
nisation.
Then the neeting of the Action Working Committee,
at which one Fletcher spoke, and Mayekiso acted as inter-
preter for this speaker. Fletcher about the Liberation
Movement - the struggle for liberation. Mayekiso, my
lords, spoke and he said that they were repeating what
took place at Kliptcwn at the Congressof the People when
the Freedom Charter wasborn and they wanted to confirm it .
He invited the people to go to a table and give their sig-
natures for the Freedom Charter. He also said that in China
the people became free because they were united. He also
called for volunteers.
There is also evidence, my lords, that at this
meeting Mayekiso distributed Freedom Charter signature forms
before the meeting started0
Thenthe African National Congress meeting held
at Korsten onthe 31st January, 1956; witness was ag ain
Sogoni - Mayekiso was chairman, and he is reported to have
said "This is the yearly meeting and in this meeting you
are going to be given a report of the Annual A.N.C. Confer-
ence held at Bloemfontein. This report is a written state-
ment which was prepared by the Sevretary. Then there was
-
21842. MR. TERBLANCHE
read in, ray lords, " I wish you success in all decisions 1
you have taken this year as we must achieve freedom in
your lifetime. Our struggle is passive. During the la st
three years we have seen people who have been faithful
and unfaithful in the struggle - in their struggle. "
That's a portion read in by the Defence, ray lords. 5
"As from 1952 the Defiance Campaign of unjust laws
was started, and after the defiance we felt confident that
freedom wasto be achieved. The freedom struggle by the
Africans has been extended to all over the world and now
we have coloured people aLso fighting for freedom." 1 0
Then there w ere speakers Tshume, Nkwayi and Mini.
And he stated in his report, amongst other things, that C.
Mayekiso, accused 22, was elected as a member of the National
Executive Committee. At this meeting Mayekiso waselected
chairman. Chairman of the Branch, my lords. 15
Now, my lords, inthe next section, section D,
I deal with the documents possessed by this accused, and
I first deal with the documents relating to the African
National Congress and the f irst , CM.3, is a Presidential
address to the Provincial Conference of the African Na-
tional Congress, Cape, held at Cradock on the 15th of
August, 1953. I t ' s a roneoed document, my lords, and it 's
the s ame as 3 , 17 . It wasread in as Bc17 at page 1144, my
lords.
pc.
The document contains the Secretarial Report
and also the Resolutions adopted at the Conference. The
Congress of the People and the drawing up of the Freedom
Charter was for.the first time suggested at this Con-
ference, your lordships will remember, and this conference I
-
21843.
MR. TERBLANCHE
also reaffirmed its belief in the Programme of Action - 1
that was read in, my lords, at page 1261 of the record,
lines 4 to 15 •
KENNEDY Js Well, you've listed all the documents in
the next few pages, have you?
MR. TERBLANCHE: I 've listed all the documents, my 5
lords .
KENNEDY J; Is there anything to which you particu-
larly want to draw our attention?
MR. TEEBLANCHE; My lords, in my submission which I
make at the end in regarcl to the accused's position, in
regard to the conspiracy, at page 37 > your lordships will
see that I make certain submissions. First I deaL with
the positions held by the accused and I say that these
positions are all set out in pages 1 to 5 of the Summary.
RUMPFF J; Mr. Serbianche, I think the question was,
in regard to the list of documents found, is there anything
that you want to refer us to in regard to any particular
document ?
MR. TERBLMCHE. My lord, I just want to explain
20
why I may have to refer your lordships to those documents
or not.
RUMPFF Ji Well, you can just say you think it
necessary to refer us to one or two.
MR. TE KB LANCHEs My lord, it may not be neces-
sary. Your lordships will remember that in regard to
the organisations, later on we did not read anything because
we had listed the portions we relied on under certain
headings. Now, I have followed more or less the same pro-
cedure here, by making these submissions and then referring
-
21844.
MR. TERBLANCHE
to if your lordships look at page 38, for instance
I s ay there in ( l l ) ( b ) : "The accused supported the
Liberation Movement and the achievement of a newstate.
He held the view that the government would grow more
oppressive but in spite of that decided to continue with
the struggle." And there I refer to TT013 at page 8
of the Summary, my lords ? and I give the page in t he
record too.
Now, these are all the documents which I have al-
ready dealt with and with which I was going to deal now.
RUMPPF J: But where is TT.13 in your Heads of
Argument?
MR. EBRBLANCHE: TTe13, my lord, is at page 38.
RUMP?F J: Yes, I know.
MR. TERBLANCHE; And I s ay at page 8 of the Sum-
mary. If your lordships would turn to page 8 of the
Summary you'll find TT.13 listed there. I 've dealt with
that, my lords.
Paragraph 7.1, my lords, deals with the accused
as being the author of a document at page 7 to 10 of the
Summary? and also document 011*40. That is at page 49
of the Summary? my lords. These documents show he was
active in the Congress of the People campaign and then
I make further submissions, my lords; I say on which
documents I base those submissions. Now, the same I've
done in regard to the documents which he only possessed,
but of which he was not the author, my lords, in para-
graph 13 for instance.
RUMPFF J ; Well, is your answer now in regard
to the documents which you have set out, from page 30
onwards, do you submit that you have set them out there,
-
21845.
MR. TERBLANCHE
you have referred to them, you have referred to certain
particulars, and you are now coming to deal with your
sihmissions - the inference to be drawn from all this -
and in your submission you will refer us to some of the
documents?
MR. TERBLMCHE; As your lordship pleases.
RUMPFE J; Well, just proceed to do that then.
MR. TERBLANCHE; My lords, my submission . . .
RUMFPF J; You are starting now at page 37 -
MR. TERBLMCHEs Page 37, my lord. My submission
is , my lords, that the overt act for conspiracy has been
proved against accused No.22. It is further submitted,
my lords, that the hostile intent of accused 22, and his
adherence to the conspiracy, has been proved by the facts
which I have dealt with so far and the documents possessed
by him with which I will deal. I then again set out, my
lords - and I don't think I need repeat it - the positions
held by 1iie accused, except that I specially wish to draw
jour lordships5 attention to paragraph 8 on page 37, where
the accused attended a meeting of the National Executive
Committee of the A.F.C. on 25/6/1955 before he w as a
member.
RUMPFF J; Why do you specially draw our atten-
tion to that?
MR. TERBLAMCHEg My lords, it is not a position
held ^ it ' s in between there, that's why I draw your lord-
ships' attention to it .
RUMPF'j' J; Oh, yes.
MR. T'jRBLANCHEs My lords, then I have dealt with
the documents . . .
-
21846.
MR. TERBLANCHE
BEKKER J; Mr. Terblanche, just a moment. Turn
back to page 37.
MR. TERBLANCHE; Yes, my lord.
BEKKER Jt B - "It is further submitted that
the hostile intent and adherence to the conspiracy have
been proved by all the facts proved against him, namely?"
Are these all the facts you rely on?
MR. TERBLANCHE; These are the facts I rely on,
my lords.
BEKKER Jt In support of the hostile intent and
his adherence?
MR. TERBLANCHE: Except, my lords, that a s far
as the hostile intent is concerned, your lordships can also
use any other overt acts charged against him to find his
hostile intent.
BEKKER J: I»m not on what may be used. I want
to know, are these, from 1 to 9 - are those the facts you
rely on, the Crown relies on, to support . . .
MR. TERBLANCHE; Oh, no, my lords; no, no. «
Right up to page 46, my lordsc
BEKIE R J; Ye s.
MR. TERBLANCHE; 1 to 10 , my lords, is really
only the positions he held.
BEKKER J; I t ' s my mistake, I misread it.
MR. TERBLANCHE; My lords, I need not repeat
those positions. Then I say that accused was the author
of a document set out on pages 7 to 10 of the Summary,
and also the document CM.40, dealt with at page 49 of the
Summary. My lords, that is the document taken from him,
the draft speech which was taken from him at the Congress
of the People held at ICLiptown. Nov/, my lords, these
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21847.
MR. TERBLANCHE
aocunents show that he was active in the Congress of the
People campaign; the accused supported the Liberation
Movement and the achievement of a new state ; he held the
view that the Government would grow more oppressive, but
in spite of that decided to continue w ith tie s truggle •
That I rely on, ET„13» at page 8 of the Summary. He
expressed the view that the government was madly bring-
ing South Africa into a police state. On that I r e L y
on CM.4-0, my Lords. Page 935.
"The accused advocated unconstitutional and mass
action to makn it impossible for the government to enforce
its laws, in spite of the fact that he knew that the State
may take action which may lead to violence and he threatened
those who did not join them in the struggle." That I also
take from CM«40, my lords,
"'he documents set out in the Summary at pages
10 to 12 show that the accused attended a meeting of the
National Executive Committee of the A .N .C . on 25/6/1955>
BEKKER J ; Mr. Terblnnche , you're going a bit too
rapidLy as far as I'm concerned. What is this CM.40?
MR. TERBLANCHE: My lords, that was a draft
speech which was found on his person at the Congress of
the People.
RUMPEF J; Where is that dealt with in these
Heads of Argument?
MR. TERBLAHCHS; At page 49, my lords, when I
deal with it - that is an overt act against him.
RUMPFF J; Page 49?
MR. TERBLANCEE: Yes, my lord.
BEKKER J; Where is the speech at page 49?
-
21828. MR. TERBLANCHE
MR. TSRBLANCHE; I ' l l deal with that, my lords,
when I get to it .
RIMEFF Js But that's the wrong way round; you
don't start off . . .
MR,, TERBLANCHE; I t ' s at page 935, my lords, of
the record*
RUMPFF J; Just a minute. Y/here does it appear in
your Heads of Argument? Page 49?
MR, TjJRBLANCHEs Page 49. my lord. The document
on which this overt act is based is CM,40o
RUMPF? J: So that sub-paragraph 11 at page 38
should read, the third line, 15 dealt with at page 40 of
the Summary",
MR. TERBLANCHE; No, my lord, page 49.
RUMPjj'F J; 4o, not 39?
MR. TERBLANCHE; My lords, I'm sorry, that correc-
tion apparently hasn't been made.
RTMPEF i J % If you refer to the conspiracy and the
adherence and the hostile intent, and you say what your
submissions are, and you rely on a certain document which
you haven't relied on before you come to this submission
you should deal with it .
I f l l do so now, my lords.
RUMPĴ F J; You can't read it and then later refer
us to it agai i,,
MR. 'TERBLANCHE; My lords, CM.40 I've stated
was found on the person of the accused at the Congress of
the People; .;hat I have already stated when I dealt with
the searches; my lords, and I have also stated that it was
admitted .
RUMFFF J; Yes.
-
21828. MR. TERBLANCHE
BEKKMR J: Where is the speech5 what did he say?
That's what I wa nt to know.
MR. TERBLANCHE ; Yes, ny lords, I ' l l give it to
your lordships. It 's at page 935 of the record. My lords,
it starts on page 934 and it says; The docunen is headed
"There shall be peace and friendship" - an address by C.J .
. . . . .
RUMPFF J; Just a ninute; you say this docunent
was found on his person; it 's a manuscript?
MR. TERBLANCHE; Yes, ny lord, and it is a manus-
cript document.
RUMBEff J; And what does it purport to be?
MR. TERBLANCHE; This is how it is headed, my
lords?
RUMPPF J; What?
MR. TERBLANCHE; "There shall be peace and friend-
ship" - an address by C . J . Mayekiso to the C.O.P, "
BEKKER J; Bid headdress the C .O .P .?
MR. TERBLANCHE1 My lords, we don't know. Your
lordships will remember that at a certain stage the police
entered and thereafter no notes were taken of the proceed-
ings at the Congress of the People.
BEKKER J% So you don't know whether this docu-
ment, whether the contents were uttered?
MR. TERBLAWCHE; No, my lord, but we submit that
he was the author of this document, and that he prepared
it for the purpose of disseminating the contents. My
lords, the document reads as follows; "Mr.Chairman,
fellow South Africans: I am proud to say that to-day the
birds and other creatures of God are singing songs of
joy and glory because a gigantic Congress of the People
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Collection: 1956 Treason Trial Collection number: AD1812
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