1

- 943 -

The Campaign called for immediate and heavy sacrifices. Workers lost their jobs, chiefs and teachers were ex-pelled from the service, doctors, lawyers and business-men gave up their practices and businesses and elected to go to jail. Defiance was a step of great political (5 significance. It released strong social forces which affected thousands of our countrymen. It was an effective way of getting the masses to function pol-itically; a powerful method of voicing our indigna-tion against the reactionary policies of the Govern- (10 ment. It was one of the best ways of exsrting -pres-sure on the Government and extremely dangerous to the stability and security of the State. It inspired and aroused our people from a conquered and servile commu-nity of yesmen to a militant and uncompromising band (15 of comrades-in-arms. The entire country was transfor-med into battle zones where the forces of liberation were locked up in immortal conflict against those of reaction and evil. Our flag glew in every battlefield and thousands of c t countrymen rallied around it. We (20 held the initiative and forces of freedom were advanc-ing on all fronts. It was against this background and at the height of this Campaign that we held our last annual provincial Conference in Pretoria from the 10th to the 12th October last year. In a way, that Confer- (25 ence was a welcome reception for those who had re-turned from the battlefields and a farewell to those who ware still going to action. The spirit of defiance and action dominated the entire conference. Today we meet under totally different conditions. By the end (30 of July last year, the Campaign had reached a stage where it had to be suppressed by the Government or

_ 949 -

it would impose its own policies on the country. The Government launched its reactionary offensive and struck at us, Between July last year and August this year forty-seven leading members from both Con-gresses in Johannesburg, Port Elizabeth and Kimberley (5 were arrested, tried and convicted for launching the Defiance Campaign and given suspended sentences rang-ing from three months to two years on condition that they did not again participate in the defiance of the unjust laws. In November last year, a proclamation (10 was passed which prohibited meetings of more than ten Africans and made it an offence for any person to call upon an African to defy. Contravention of this proclamation carried a penalty of three years or a fine of three hundred pounds. In March this year the (10 Government passed the so-called Public Safety Act which empowered it to declare a state of emergency and to create conditions which would permit of the most *fch-less and pitiless methods of suppressing our movement. Almost simultaneously, the Criminal Laws Amendment (15 Act was passed which provided heavy renalties for those convicted of Defiance offences. This Act also made provision for the whip ing of defiers including women. It was under this Act that Mr. Arthur Matlala who was the local of the Central Branch during the (20 Defiance Campaign, was convicted and sentenced to twelve months with hard labour plus eight strokes by the Magistrate of Villa Nora. The Government also made extensive "se of the Suppression of Communism Act. You will remember that in May last year, the (25 Government ordered Moses Kotane, Yusuf Dadoo, J.B,

- 950 -

Marks, David Bopape and Johnson Ngwevela to resign from the Congresses and many other organisations and were also prohibited from attending political gatherings. In consequence of these bans, Moses Kotane, J.B. Marks, and David Bopape did not attend our last provincial Conference. In December last year, the Secretary-General, Mr. W.M. Sisulu, and I were banned from attending gatherings and confined to Jo-hannesburg for six months. Early this year, the Pre-sident-General, Chief Luthuli whilst in the midst of a national tour which he was prosecuting with remark-able energy and devotion, was prohibited for a period of twelve months from attending public gatherings and from visiting Durban, Johannesburg, Cape Town, Port Elizabeth and many other centres. A few days before the President-General was banned, the President of the S.A.I.C., Dr. G.M. Naicker, had been served with a similar notice. Many other active workers both from the African and Indian Congresses and from trade union organisations were also banned. The Congresses rea-lised that these measures created a new situation which did not prevail when the Campaign was launched in June 1952. The tide of defiance was bound to recede and we were forced to pause and to take stock of the new situation., We had to analyse the dangers that faced us, formulate plans to overcome them and evolve new plans of political struggle. A political movement must kee in touch with reality and the pre-vailing conditions. Long speeches, the shaking of fists, the banging of tables and strongly worded resolutions out of touch with the objective condi-

I

- 951 -

tions do not bring about mass action and can do a great deal of harm to the organisation and the struggle we serve. The masses had to be prepared and made ready for new forms of political struggle. We had to recuperate our strength and muster our forces for another and more powerful offen- (5 sive against the enemy. To have gone ahead blindly as if nothing had happened would have been suicidal and stupid. The conditions under which we meet today are, therefore, vastly different. The Defiance Campaign together with its thrills and adventures has receded. The old methods of (10 bringing about mass action through public mass meetings, press statements and leaflets calling upon the people to go to action have become extremely dangerous and difficult to use effectively. The authorities will not easily permit a meeting called under the auspices of the A.N.C,, few news» (15 papers will publish statements openly criticising the poli~ cies of the Government and there is hardly a single printing press which will agree to print leaflets calling T'pon work-, ers to embark on industrial action for fear of prosecution vnder the Suppression of Communism Act and similar measures, (20 These developments require the evolution of new forms of political struggle which will make it reasonable for us to strive for action on a higher level than the Defiance Cam-paign. The Government alarmed at the indomitable upsurge of national consciousness, is doing everything in its power (25 to crush our movement by removing the genuine representatives of the people from the organisations. According to a state-ment made by Swarts in Parliament on the 18th September, 1953, there are thirty-three trade union officials and eighty-nine other people who have been served with notices (30 in terms of the Suppression of Communism Act. This does not include that formidable array of freedom fighters who

_ 952 -

have "been named and black listed tinder the Suppression of Communism Act and those who have "been "banned under the Riotous Assemblies Act. Meanwhile the living conditions of the people, already extremely difficult, are steadily worsening and becoming unbearable. The ptirchasing power (5 of the masses is progressively declining and the cost of living is rocketing. Bread is now dearer than it was two months ago. The cost of milk, meat and vegetables is beyond the pockets of the average family and many of our people cannot afford them. The people are too poor to (10 have enough food to feed their families and children. They cannot afford sufficient clothing, housing and medi-cal c re. They are denied the right to security in the event of unemployment, sickness, disability, old age and where these exist, they are of an extremely inferior and (15 useless nature. Because of lack of proper medical ameni-ties our people are ravaged by such dreaded diseases as tuberculosis, venereal disease, leprosy, pelagra and infan-tile mortality is very high. The recent state budget made provision for the increase of the cost-of-living (20

allowances for Europeans and nota word was said about the poorest and most hard-hit section of the population — the African people. The insane policies of the Govern-ment which have brought about an explosive situation in the country have definitely scared away foreign capital from (25 South Africa and the financial crisis through which the country is now passing is forcing many industrial and business concerns to close down, to retrench their staffs and unemployment is growing every day. The farm labourers are in a particularly dire plight. Yo11 will perhaps recall (30 the investigations and exposures of the semi-slave conditions on the Bethal farms made in 1948 by the Rsverend Michael Scott

_ 953 -

and a Guardian correspondent; by the Drum last year and the Advance in April this year. You will recall how human "beings, wearing only sacks with holes for their heads and arms, never given enough food to eat, slept on cement floors on cold nights with only their sacks to cover their shiv- (5 ering bodies. You will remember how they are woken up as early as 4 a.m. and taken to work on the fields with the indunas sjamboking those who tried to straighten their backs, who felt weak and dropped down because of hunger and sheer exhaustion. You will also recall the story of (1# human beings go toiling pathetically from the early hours of the morning till senset, fed only on mealie meal served on filthy sacks spread on the ground and eating with their dirty hands. People falling ill and never once being given medical attention. You will also recall the revolting story (15 of a farmer who was convicted for tying a labourer by his feet from a tree and had him flogged to death, pouring boiling water into his mouth whenever he cried for water. These things which have long vanished from many parts of the world still flourish in S.A. today. None will deny that (2# they constitute a serious challenge to Congress and we are in d""ty bound to find an effsctive remedy for these obnox-ious practices. The Government has introduced in Parlia-ment the Native Labour (Settlement of Disputes) Bill and the Bantu Education Bill, Speaking of the Labour Bill, (25 the Minister of Labour, Ben Schoeman, openly stated that the aim of this wicked measure is to bleed African trade unions to death. By forbidding strikes and lockouts it deprives Africans of the one weapon the workers have to improve their position. The aim of the measure is to (30 destroy the present African trade unions which are con-trolled by the workers themselves and which fight for the

954 ~

improvement of their working conditions in return for a Central Native Labour Board controlled by the Govern-ment and which will be used to frustrate the legitimate aspirations of the African worker. The Minister of Native Affairs, Verwoerd, has also been brutally clear in explain- (5 ing the objects of the Bantu Education Bill; according to him the aimof this law is to teach our children that Africans are inferior to Europeans. African education would be taken out of the hands of people who taught equa-lity between black and white. When this Bill becomes law (10 it will not be the parents but the Department of Native Affairs which will decide whether an African child should receive higher or other education. It might well be that the children of those who criticise the Government and who fight its policies will almost certainly be taught how to (15 drill rocks in the mines and how to plough potatoes on the farms at Bethal. High education might well be the privi-lege of those children whose families have a tradition of collaboration with the ruling circles. The attitude of the Congress on these bills is very clear and unequivocal. (20 Congress totally rejects both bills without reservation. The last provincial Conference strongly condemned the then proposed Labour Bill as a measure designed to rob the African workers of the universal right of free trade unionism and to undermine and destroy the existing African (25 trade unions. Conference further called upon the African workers to boycott and defy the application of this sinis-ter scheme which was calculated to further the exploitation of the African worker. To accept a measure of this nature, even in a qualified manner, would be a betrayal of the toil-(30 ing masses. At a time when every genuine Congressite should fight unreservedly for the recognition of African trade unions

9 55 -

and the realisation of the principle that everyone has the right to form and to join trade unions for the protec-tion of his interests, we declare our firm "belief in the principles enunciated in the Universal Declaration of Human Rights that everyone has the right to education; that edu- (5

cation shall "be directed to the full development of human personality and to the strengthening of raspect for human rights and fundamental freedoms. It shall promote under-standing, tolerance and friendship among the nations, racial or religious groups and shnll farther the activities (10 of the United Nations for the maintenance of peaca. That parents have the right to choose the kind of education that shall he given to their children. The cumulative effect of all thesi measures is to prop up and perpetuate the artificial and decaying policy of the supremacy of the (15

j

white men. The attitude of the Government to us is that: /

'Let's heat them down with guns and batons and trample them under our feet. We must he ready to drown the whole country in "blood if only there is the slightest chance of preserving white supremacy." But there is nothing inherently superior (20 about the herrenvolk idea of the supremacy of the whites. In China, India, Indonesia and Korea, American British, Dutch and French Imperialism, hased on the concept of the supremacy of Europeans over Asians, has "been completely and perfectly exploded. In Malaya and Indo-China British and (25 French imperialisms are heing shaken to their f ^ndations by powerful and revolutionary national liberation movements. In Africa, there are approximately 190,000,000 Africans as against 4,000,000 Europeans. The entire continent is seething with discontent and already there are powerful (30 revolutionary eruptions in the Gold Coast, Nigeria, Tunisia, Kenya, the Rhodesias and South Africa. The oppressed

_ 956 -

people and the oppressors are at loggerheads. The day of reckoning "between the forces of freedom and those of reac-tion is not very far off. I have not the slightest doubt that when that day comes truth and justice will prevail. The intensification of repressions and the extensive use (5 of its bans is designed to immobilise every active worker and to check the national liberation movement. B"t gone forever are the days when harsh and wicked laws provided the oppressors with years of peace and quiet. The racial policies of the Government have pricked the conscience (10 of all men of good will and has aroused their deepest in-dignation. The feelings of the oppressed people have never been more bitter. If the ruling circles seek to maintain their position by such inhuman methods then a clash between the forces of freedom and those of reaction (15 is certain. The grave plight of the people compels them to resist to the death the stinking policies of the gang-sters that rule our country. But in spite of all the difficulties outlined above, we have won important vic-tories. The general political level of the people has (20

been considerably raised and they are now more conscious of their strength. Action has become the language of the day. The ties between the working people and the Congress have been greatly strengthened. This is a development of the highest importance because in a country such as (25 ours a political organisation that does not receive the support of the workers is in fact paralysed on the very ground on which it has chosen to wage battle. Leaders of trade union organisations are at the same 'time import-ant officials of the provincial and local branches of the (30 A.N.C. In the past we talked of the African, Indian and Coloured struggles. Though certain individuals raised the

_ 957 -

question of a united front of all the oppressed groups, the various non-Europeans organisations stood miles apart from one another and the efforts of those for co-ordina-tion and unity were like a voice crying in the wilderness and it seemed that the day would never dawn when the op- (5 pressed people would stand and fight together shoulder to shoulder against a common enemy. Today we talk of the struggle of the oppressed people which, though it is waged through their respective autonomous organisations, is gra-vitating towards one central command. Our immediate task (10 is to consolidate these victories to preserve our organi-sations, and to muster our forces for the resumption of the offensive. To achieve this important task the Nation-al Executive of the A.N.C. in consultation with the Ntional Action Committee of the A.N.C. and the S.A.I.C. formulated (15 a plan of action popularly known as the "M" Plan and the highest importance is (attached?) to it "by the National Executives. Instructions were given to all provinces to implement the "M" Plan without delay. The underlying principle of this plan is "the understanding that it is no (20 longer possible to wage our struggle mainly on the old methods of public meetings and printed circulars. The aim

\

is: (l) to consolidate the Congress machinery; (2) to enable the transmission of important decisions taken on a national level to every member of the organisation without (25

calling public meetings, issuing press statements and print-ing circulars; (3) to build up in the local branches them-selves local Congresses which will effectively represent the strength and will of the people; (4) to extend and strengthen the ties between Congress and the people and to (30 consolidate Congress Leadership. This plan is being imple-mented in many branches not only in the Transvaal but also

_ 958 -

in the other provinces and is producing excellent results. The Regional Conferences held in Sophiatown, Germiston, Kliptown and Benoni on the 28th June, 23rd and 30th August and on the 6th September, 1953, which were atten-ded by large crowds, are a striking demonstration of the (5 effectiveness of this plan, and the National Executives must be complimented for it. I appeal to all members of the Congress to redouble their efforts and play their part truly and well in its implementation. The hard, dirty and strenuous task of recruiting members and strengthening our (10 organisation through a house to house campaign in every locality must be done by youall. From now on the activity of Congressites must not be confined to speeches and reso-lutions. Their activities must find expression in wide scale work among the masses, work which will enable them (15 to make the greatest possible contact with the working people. You must protect and defend your trade unions. If you are not allowed to have your meetings publicly, then you must hold them over your machines in the fac-tories, on the trains and buses as you travel home. You (20 must have them in your villages and shanty towns. You must make every home, every shack and every mud structure where our people live, a branch of the trade union movement and never surrender. You. must defend the right of African parents to decide the kind of education that shall be (25 given to their children. Teach the children that Africans are not one iota inferior to Europeans. Establish your own community schools where the right kind of education will be given to our children. If it becomes dangerous or impossible to have these alternative schools, then (30 again you must make every home, every shack or rickety structure a centre of learning for our children. Never

_ 959 -

surrender to the inhuman and "barbaric theories of Verwoerd. The decision to defy the unjust laws enabled Congress to develop considerably wider contacts between itself and the masses and the urge to join Congress grew day by day. But due to the fact that the local branches did not exercise (5 proper control and supervision, the admission of new mem-bers was not carried out satisfactorily. No careful exami-nation was made of their past history and political charac-teristics. As a result of this, there were many shady characters ranging from political clowns, place-seekers, (10 splitters, saboteurs, agents-provocateurs to informers and even policemen, who infiltrated into the ranks of Congress. One need only refer to the Johannesburg trial of Dr. Moroka and nineteen others, where a member of Con-gress who actually worked at the National Headquarters, (15 turned out to be a detective-sergeant on special duty. Remember the case of Leballo of Brakpan who wormed himself into that Branch by producing faked naming letters from the Liquidator, De Villiers Louw, who had instructions to spy on us. There are many other similar instances that emerged (20 during the Johannesburg, Port Elizabeth and Kimberley trials. Whilst some of these men were discovered there are many who have not been found out. / In Congress there are still many shady characters, political clowns, place-seekers, saboteurs, provocateurs, informers and policemen who masquerade as (25 progressives but who are in fact the bitterest enemies of our organisation. Outside appearances are highly deceptive and we cannot classify these men by looking at their faces or listening to their sweet tongues or their vehement speeches demanding immediate action. The friends of the people are (30 distinguishable by the ready and disciplined manner in which they rally behind their organisation and their readiness to

_ 960 -

sacrifice when the preservation of the organisation has become a matter of life and death. Similarly, enemies and shady characters are detected by the extent to which they consistently attempt to wreck the organi-sation by creating fratricidal strife, disseminating (5 confusion and undermining and even opposing important plans of action to vitalise the organisation. In this respect it is interesting to note that almost all the people who o1pose the "M" Plan are people who have con-sistently refusid to respond when sacrifices were called (10 for, and whose political background leaves much to be de-sired. These shady characters by means of flattery, bribes and corruption, win the support of the weak-willed and politically backward individuals, detach them from Congress and use them in their own interests. The pre-sence of such elements in Congress constitutes a serious threat to the struggle, for the capacity for political action of an organisation which is ravaged by such dis-ruptive and splitting elements is considerably undermined. Here in South Africa, as in many parts of the world, a (20 rarolution is maturing: it is the profound desire, the determination and the urge of the overwhelming majority of the country to destroy for ever the shackles of oppres-sion that condemn them to servitude and slavery. ^ To overthrow oppression has been sanctioned by humanity and (25 is the highest aspiration of every free man. If elements in our organisation seek to impede the realisation of this lofty purpose then these people have placed themselves outside the organisation and must be put out of action

\ - J before they do more harm. To do otherwise would be a (30 crime and a serious neglect of duty. We must rid our-selves of such elements and give our organisation the

_ 961 -

striking power of a real militant mass organisation. Kotane, Marks, Bopape, Tloome and I have "been banned from attending gatherings and we cannot join and counsel with you on the serious problems that are facing our country. We have been banned because we champion the (5 freedom of the oppressed people of our country and because we have consistently fought against the policy of racial discrimination in favour of a policy which accords fundamental human rights to all, irrespective of race, colour, sex or language. We are exiled from our own (10 people for we have uncompromisingly resisted the efforts of imperialist America and her satellites to drag the world into the rule of violence and brutal force, into the rule of the napalm, hydrogen and the cobalt bombs where millions of people will be wiped out to satisfy (15 the criminal and greedy appetites of the imperial powers. We have been gagged because we have emphatically and op inly condemned the criminal attacks by the imperialists against the people of Malaya, Vietnam, Indonesia, Tunisia and Tanganyika and called upon our people to identify (20 themselves unreservedly with the cause of world peace and to fight against the war policies of America and her sat-ellites. We are being shadowed, hounded and trailed because we fearlessly voiced our horror and indignation at the slaughter of the people of Korea and Kenya. The (25 massacre of the Kenya people by Britain has aroused world-wide indignation and protest. Children are being burnt alive, women are raped, tortured, whipped and boiling water poured on their breasts to force Confessions

\

from them that Joma Kenyatta had administered the Mau (30 Mau oath to them. Men are being castrated and shot dead. In the Kikuyu country there are some villages in which the

_ 962 -

population has been completely wiped out. We are prison-ers in our own country because we dared to raise our voices against these horrible atrocities and because we expressed our solidarity with the ca^se of the Kenya people. You can see that 'there is no easy walk to freedom any- (5 where, and many of us will have to pass through the valley of the shadow (of death) again and again before we reach the mountain tops of 0"r desires.' 'Dangers and diffi-culties have not deterred us in the past, they will not frighten us now. But we must be prepared for them like (10 men who mean business and who do not waste energy in vain talk and idle action. The way of preparation (for action) lies in our rooting out all impurity and indiscipline from our organisation and making it the bright and shining in-strument that will cleave its way to (Africa's)freedom,' (15

N.R.D, Mandela, President, African National Congress, Transvaal, 21st September, 1953." Then the following appears: "Released by the African National Congress (T.V.L.) & published and distributed by African National Congress Youth League (T.V.L.). P.O. Box 9207, Johannesburg.20

You. hand in this document ? — I do. Your Lordships will recollect that at various times trans-

lations of various documents have not been handed in. Those translations by the future Crown witness, Solomon Dunga, he will also be required to hand in translations of documents (25 deposed to by other witnesses. So that the reservation of those documents at this stage is not important from the

point of view of saving time. The only further document that is withheld at this stage is C.M.45, which the Crown alleges, at any rate substantially, like C.M.40, I ask that (30 the Crown be given leave to mention this document again at

_ 963 -

a later stage. BY MR. JUSTICE RUMPFF: Were those two documents found in the possession of the same person ? BY MR. HOEXTER: Yes, Milord. BY MR. JUSTICE RUMPFF: If they are substantially the same, what is the object of putting them in? BY MR. HOEXTER: No great advantage may "be achieved; I would like to just explore that position more fully, and I "beg leave to mention this document again later. BY MR. JUSTICE RuMPFF: Yes. BY MR. HOSXTER_e Subject to that, that concludes the examina-tion of this witness. BY MR. JUSTICE BEKKER: Does this witness deal with all the "A" documents ? BY MR. HOEXTER? No, Milord. BY MR. MAISELS; Milords, before I commence cross-examiniag Mr, Moeller, there are a few documents the admissability of which we want to challenge now, BY MR. KENTRIDGE: Milords, I wish to refer to two documents which were put in before the opening address. They are A.12 and A,14. Milords, A.12, which Your Lordships will find in the typed record, if Your Lordships have it, at page 168, was a document found in the briefcase of Janet B. Mashile, a typist clerk, according to Mr. Moeller, employed at the African National Congress. It is a little document called "The Road to Higher Wages and Better Conditions," and this is the exhibit (handed to Their Lordships.) A passage on page 3 was read, but the point about this is that it appears to have been issued by an organisation called the Council of Non-European 'Ibade Unions. Apparently my learned friend in putting it in was under the impression that it was issued by the S.A.Congress of Trade Unions, but

- 964 -

it is not. Your Lordships will see it is issued by another body which is not a body which is one of the organ-isations referred to anywhere in the further -particulars, and I submit Milords that this document is not issued by any organisation which is part of the indictment nor by (5 any Accused or co-conspirator, is not admissable merely because it is found in the briefcase of a servant of one of the organisations. I consequently submit that it has no relevance or admissability and should be removed from the record. Now, the second document is A.14, which is (1Q the document headed "Constitution of the Peoples' Republic of China," in which my learned friend read out the preamble. Now, Milords, this document on the face of it looks like the Constitution of China, but there is no evidence that it is, and in any event whether or not it was the Consti- (15 tution of China, I submit that a Constitution of China found in the briefcase of a servant of the organisation who is not in any event a co-conspirator, has no relevance to this charge. Milords, the preamble which was read out, purports to state . (20 BY MR. JUSTICE BEKKER: Was this briefcase found in the office? BY MR. KENTRIDGE: Yes, in the offices, but I shall submit that the section of the Criminal Code which was referred to by my learned friend doesn't cover this. Milords, the point about it is that the author of this preamble, whoever (25 it is, refers to China as a Peoples' Democracy, but Milords, that again has no relevance to this charges. Your Lordships will recall that in the particulars of violence, it was said that the organisations referred sometimes to the new form of state which they wanted, as .a peoples' democracy, and the (30 documents on which the Crown relies for that allegation are then set out. This isn't one of those documents.

_ 965 -

BY MR. JUSTICE BEKKER: There were two documents. BY MR. KENTRIDGE: Yes, it is not one of those documents, * ' it is not alleged to he Communist propaganda, and Milords, it doesn't fall within the section of the code to which my learned referred. Milords, that is the new Section 263(bis) (5 inserted by Act No. 9 of 1958. If I might furnish Your Lordships with a copy. (Handed to Their Lordships.) That section refers to documents found on the premises of an organisation or in the possession of an officer or official of the organisation. Milords, in view of the recent judg- (10 ment of Your Lordship, the presiding judge in the Appellate Division, it would appear that Janet B. Mashile, if, as Mr> Moeller says she is a typist, would fall under the designa-tion 'official' or 'beampte.' But nonetheless, Milords, Your Lordships will see that that section is designed to do (15 four things. It is designed to prove membership of an or-ganisation, it is designed to identify Accused persons men-tioned in documents, with Accused persons in Court BY MR. JUSTICE RUMPFF: This section doesn't deal with rele-vancy at all. (20 BY MR. KENTRIDGE: No, Milord, it doesn't. It doesn't deal

with relevancy, and I submit that there is nothing in that section which assists. BY MR. JUSTICE RUMPFF: Does it matter? These documents, both of them, were found on the premises. (25 BY MR. KENTRIDGE: Yes, Milord. BY MR. JUSTICE RUMPFF: Of the A.N.C. Prima facie they have some relevance to matters mentioned in the particulars to the charge. BY MR. KENTRIDGE: Well, Milord, they do in the sense that (30 they deal with politics, but I submit it would be no dif-ferent, for instance, from handing in a copy of the "Rand

_ 966 -

Daily Mail" or the "Transvaler" in which there is an article on trade unions or on China, and I submit, Milord, that they don't prove anything against the A.N.C. or any other BY MR. JUSTICE RUMPEP: That is a matter for argument later. BY MR. KSNTRDIGE: No, Milord, I submit that now, on the (5 face of it, they have no probitive value at all, they just have nothing to do with anything in the case. Milord, if we were to ask Sgt. Moeller BY MR. JUSTICE RUMPFF: If the charge is that this organisa-tion is interested in other countries, and allegations are (10 made about happenings in those other countries, the policies of those other countries, and documents are found on the premises of this organisation which rrima facierefer to those countries BY MR. KENTRIDGE: Well, Milord, there are certain specific (15 allegations made BY MR. JUSTICE RUMPFP: Whether this takes the matter any further than speeches or documents already admitted, that is another matter. BY MR. KENTRIDGE: Well, Milord, in our submission that is (20 really the point. There may be other documents like it, Milord, with respect, if a mere mention of China in a docu-ment makes the document admissable, I submit the position would be intolerable, Milord, because any newspaper with a reference to China in it would be valid. Milord, the in- (25 dictment doesn't simply say that they ware interested in overseas countries, it makes certain specific allegations about them, and similarly with trade unions. There are allegations about trade unions, but the mere fact that a document emanating apparently from some third party, the (30 mere fact that it deals with trade unions, and is found in

_ 967 -

the office of the organisation, I submit, doesn't make it relevant. Otherwise, if it should happen for instance that there was a copy of the "Rand Daily Mail" with an article about China in that office, it means that that too could go in. Milord, it may be that that is the posi- (5 tion BY MR. JUSTICE RuMPFF: It may be, if that article was marked. BY MR. KENTRIDGE: Yes, then the marking would go in, but I say in the case of an unmarked article Milord, the (10 marks on the first document, I understand, are by the Crown, the blue marks — I think that is common cause. Milords, it is quite true that these two documents amongst all those which have been put in might not make very much difference, but we submit that in a case like this, where there are so (15 many co-conspirators, it is possible for the Crown to put in a great many documents without first laying a foundation, but we submit that that is all the more reason why the ordi-nary criteria of admissability and relevance should be ad-hered to, and we submit that these two documents are not (20 admissable on any basis at all, BY MR. HOEXTER: Milords, the Crown respectfully submits the Defence's objection to these documents confuses rele-vancy and cogency. As to A.14, Your Lordships will recall that all that was read of that document was the preamble, (25 Now, a cursory glance BY MR. JUSTICE RUMPFF: And the title. BY MR. HOEXTER: Yes, Milord, and the title. A cursory glance at the preamble reveals that the Peoples' Republic of China was achieved by a revolution. Now, the Crown is (30 entitled to argue at a later stage that theA.N.C. may have had knowledge of that fact. The precise cogency at this

968

_ 21 -

stage is irrelevant. It is technically true, as my learned friend has pointed out, that by the same token it might be possible to rely on a "Rand Daily Mail" or "Transvaler." That conclusion follows, Milord, but that affects cogency and cogency alone. The Crown has laid its foundation and (5 with submission the Court at this stage will not seek to determine the degree of cogency. I would submit that with reference to A.14, in any case it gives....seme glim-merings of its cogency appears at this stage on what has

^ been stated in the further particulars, and what appears (10 in the preamble itself, As to A.12, it is true, and the Crown was fully aware, that this document emanates not from the South African Congress of Trade Unions, but from another body, but again in the light of the foundation laid by the Crown in the particulars, it is clear that the particular (15 connection between the liberation movement and the trade union movement is a feature of the Crown's case. It may be true — and my learned friend may be correct in the final argument — this document is found to have no very great cogency, but the only test, with submission at the moment, (20 Milord, is relevancy, Applying that test, with respect, both documents are admissable. BY MR. JUSTICE RUMPFF: We will deal with this on Monday morning. CROSS-EXAMINED BY MR. MAISELS: Mr. Moeller, you have been (25 in the Special Branch for some time, haven't you ? — I have*

Do you happen to have the search warrant that you used on the 27th September, 1955, when you searched the offices of the African National Congress ? — I had a search warrant, I think it must be available,

Could my learned friend please make that available, I would like to see it.

_ 969 -

BY MR. HOEXTER: I haven't got it in Court, Milord, I will try and get hold of it. BY MR. MAISELS: As long as it is produced during the course of this morning. CROSS-EXAMINATION BY MR. MAISELS CONTD.; This was not the (5 first search that you had carried out at the offices of the African National Congress ? — That is so.

I understand that there was a search in the year before, about September or October 1954 — don't worry about the exact date ? — I don't quite remember that search, I (10 do remember a previous occasion in 1952.

Without worrying about dates, Mr. Moeller, apart from the ones that you yourself have been concerned in, may we assume that the search on 27th September, 1955, of the Afri-can National Congress offices wasn't anything of a novelty (15 to that organisation ? — I shouldn't say so.

As a matter of fact, it was almost in the ordinary course of business to expect a search from the police from time to time — don't you think so ? — Several searches had been executed of these premises. (20

Now, let us just get a picture of this organisation. Firstly, the office is in an office in Johannesburg, in the western part of central Johannesburg, isn't it ? — It is.

Johannesburg City ? — That is so. In a building.frequented by the public ? — It is. (25 There are no..,.,when you went to search these pre-

mises, (1) there were no safes ? — No. There were no filing cabinets ? — There was a writing

desk with drawers. That is different to a filing cabinet ?-— Yes. (30 A writing desk with drawers; there were some shelves

? — That is so.

- 970 -As far as you could see there were no secret hiding

places ? — No. And these documents which you seized on that day, Mr.

Moeller, were to he found on the shelves and in the drawers and on the desk of the office ? — That is so. (5

People were walking in and walking out, I suppose, in the ordinary way ? — No, not on that day.

Yes, well, when the police were there, there was no room for anybody else, I take it ? — That is so.

Now, Mr. Moeller, you seized a large number of docu- (10 ments, did you not ? — I did.

A quantity of those were not put in at the Magistrates Court — of those seized ? — That is so.

And a further quantity have since been left out of these proceedings ? — That is so. (15

Apart from those, there were a large number of other papers in the office of which you didn't take possession ? — There were.

There were, for instance, a large number of copies of a newspaper known as "Time" magazine, that is an American (20 publication which I think is not particularly well-known for its Communis'; sympathies — do you know that magazine "Time." ? — I have seen it before.

Was it there in large numbers — would you accept it ? — I think it can be said that there were such copies (25 there.

There is a paper published in London called "The Observer." Were many copies of the "Observer" there ? —

\

If I remember correctly, there were. There is a papar issued by the British Broadcasting (30

Corporation called "The Listener." Was that there ? — I believe there was.

_ 971 -

Let's go a little bit more pink. '"The New Statesman and Nation," published in England; was that there ? — I am speaking now from memory, I imagine that I did see such a newspaper.

There was even a paper called "The Bantu," issued by (5 the Government Native Affairs Department, which was there, many copies of "The Bantu" ? — Yes,

There were also copies of "The Digest of South African Affairs," issued by the Union Government ? — I can't remember.

Well, it doesn't matter about that particular one. (10 "The Bantu World," "The Star," "The Rand Daily Mail," "Transvaler." "Zonk," "Drum," all that sort, all those newspapers and periodicals were there ? — I can't remember seeing the "Transvaler" there, but there were other news-papers there. (15

You remember others. But if it is said that included in the papers was even "The Transvaler," you wouldn't dis-pute it ? — I couldn't dispute it.

There was also a copy of a book called "When Smuts Goes," by Keppel-Jones, do you remember that book ? — I (20 cannot remember »

The point I am trying to make, Mr. Moeller, is that there were large numbers of periodicals and papers which represent different shades of opinion found in the offices of the African National Congress whichwere not seized by (25 you ? — That is so.

Now, that is just a few of them, but it is sufficient for my point. Now, with regard, for example, to those docu-ments which were handed in yesterday afternoon, such as A.2, 233, 234, 235, — you know those documents which ap- (30 peared to be circulars from ...alleged to be Communist cir-culars in envelopes — do you remember those ? — I do.

_ 972 -

Could I just have the original exhibits please..... Milord, I understand those exhibits are out of Court. BY MR. JUSTICE RUMPFF: You had them last. BY MR. MAISELS: No, Milord, we didn't have those. BY MR. JUSTICE RuMPFF: As far as we know, they were massed (5 to the Defence. Mr. Van Niekerk, I am told that the typist takes all or some of the exhibits out of the Court at the end of each day for the purpose of completing the record. Obviously that can't be done. BY MR. VAN NIEKERK: Milord, I was approached by the typist. (10 I said I had no objections, but she must refer to the Registrar of the Special Court, BY MR. JUSTICE RuMPFF: But exhibits that have been handed in cannot possibly without leave of the Court be taken out at all. ( 1 5

BY MR. VAN NIEKERK: That is why the typist was referred to the Registrar of the Special Court. BY MR. JUSTICE RUMPFF: Apparently she is not here now, BY MR. VAN NIEKERK: No, but Mr. Joubert will have the neces-sary information. (20 BY MR. JUSTICE RuMPFF: Where is he? Where is the typist? BY MR. VAN NIEKERK: She does not appear in Court.

BY MR. MAISELS: I may say Your Lordship says that we have the exhibits, "hen we have, on one or two occasions asked for leave to look at those exhibits after Court hours, we (25 have looked at them within the precincts of this Court in this room, we have not taken anything away. BY MR. VAN NIEKERK: May I just say with regard to preparation of the record, the task of preparing the record is very difficult unless the typist who prepares the record at (30 night has s^ch access. I appreciate, Milord, that it is obviously necessary to have some surveillance, and it may

_ 973 -

be necessary to appoint a special official to remain with her at such times. Your Lordships will see that efforts have been made as far as possible to keep the portion of the documents quoted in a different form on the record, a form different from the ordinary proceedings of the Court, (5 a broader margin is allowed, and it would impose very great hardship on the typist and would result in a less neat and proper record. BY MR. JUSTICE RUMPFF: That is all right, we are not con-cerned with that, but even if the typist is allowed to take (10 the documents home at night, to check the typing, it has got to be back here the next morning. BY MR. HOEXTER: That is appreciated Milord. The Crown was not aware that they would not be returned. BY MR. JUSTICE RUMPFF: The fault lies either with the typist<15

or with one of the Registrars who gave the typist leave without knowledge of the Court, BY MR. HOEXTER: As Your Lordship pleases. At any rate, it will be on hand as from Monday. BY MR. JUSTICE RUMPFF: I think we will adjourn and find out(20 in the adjournment where this particular person is. COURT ADJOURNS: COURT RESUMES: THEODOR EMIL EDbARD MOELLER. still under oath: BY MR. HOEXTER: Milords, before my learned friend resumes, (25 I want to urge with respect as a general proposition, that when objections are made to admissability of evidence, they are not merely a question of cogency and relevancy of the document as it appears from the document itself, but it will often happen that if the Crown is required to argue the (30 issue of relevancy fully, it will involve references to future evidence, many references. Milord, taking an example,

_ 974 -

A. 14-, relied upon by my learned friend, when evidence is led as to the next group, the S.A.I.C., documents found in their possession, documents will have to be handed in. I don't want to burden Your Lordships with examples — I have one here, dealing specifically with the issue of China, (5 the form of peoples' democracy achieved there, and whether there should be any parallel between that peoples' democracy and the one envisaged in this country. So Milords if the Crown at any stage is required to give a complete answer, even on prima facie relevancy, it involves an endless (10 process, and I would urge with respect that in the main the Court will accept the assurance of the Crown that the docu-ment, at this stage, is relevant. BY ME. JUSTICE RliMPFF: I don't think that is a proper way of approach, Mr. Hoexter. If a document is sought to be (15 put in by the Crown, the Defence can object to it and the matter will have to be argued. BY MR. HOEXTER: Yes, Milord, I merely wish to draw the attention of the Court to the fact that a proper and full answer by the Crown must of necessity entail running ahead (20 of the evidence, and it would be technically possible in the case of A.14, and to illustrate relevancy by reference to many speeches involving reference to China, and many documents BY MR. JUSTICE BEKKERs Do you mean the full foundation for (25 the relevancy of this document has not been made? BY MR. HOEXTER: A foundation has been laid, Milord, but as His Lordship points out, not the full picture, and that will and can only emerge from documents to be handed in later, and from the whole mass of speeches. ' (30-BY MR. MAISELS: Milords, I hope the novel principle sug-gested by the Crown will not find favour. That is all I have to say.

_ 975 -

BY MR. JUSTICE RUMPFF: Mr. Maisels, it appears that in order to complete the record, it is necessary to have the exhibits removed, hut we will go into the matter and see how these things can be arranged so that the exhibits are back here when they are needed, (5 BY MR. MAISELS: Milord, I don't worry about these particu-lar ones for the moment, I think I can make the point. CROSS-EXAMINATION BY MR. MAISELS CONTD.: You remember, there were a series of exhibits, "The New China News Agency," the "Democratic German Report," and "Information (10 Bulletin" from Hungary, all of which were documents to which documents were attached ? — Yes,

You remember those exhibits ? — Yes. They are somewhere round about A.230, and the numbers

following. Now, those envelopes in some cases, I think in (15 all cases, they appear to be envelopes that were sent through the post, not even sealed ? — All the documents to which I pinned the envelopes were found in those envelopes, some of whichwere sealed. Those,the seals that I broke, I en-dorsed at the back to say that (20

In other words, some were unopened entirely ? — Some were unopened entirely, and others.....

Were still lying in their envelopes ? — Were still lying in envelopes.

And when we get those envelopes, we will see how (25 ancient some of them were. Now,to proceed further with this African National Congress, the position appears to be from the letters received and sent, that normal and ordinary postal channels were used ? — Yes.

When they had to advertise a particular meeting a (30 press release was made, or a press statement was made, saying that a meeting would be held on such and such a day.

- 976 -I have in mind particularly the Congress of the People in June 1955 — do you remember that was advertised, I think, even in the Sunday Times ? — Yes, there were numerous news-paper advertisements.

The point I want to make is that the activities, as (5 you saw them over a number of years, seem to have been con-ducted absolutely openly ? — Yes. Meetings were held in public.

Not only were meetings held in public, but they used normal channels of communication, through the post, like (10 any oth;r legitimate and lawful organisation in South Africa ? — I cannot say that. I don't know how certain documents were transmitted between the different Provinces, I haven't checked up that part to find out whether they were sent through the normal process of the post, or per- (15 haps by hand, or whatever it might be.

You don't know ? - I don't know. But you would see in their offices apparently letters

received and letters sent, giving the address of the sender and the address of the recipient ? — That is so. (20

Often a post office box ? — That is so. In fact, the post office box number of the A.N.C. was

9207, which appears on a number of documents ? — That is so, That is a registered post office box at the General

Post Office in Johannesburg ? — I believe it is. (25 Now, Mr. Moeller, we can summarise this part of the

position this way then; all the documents you seized were kept openly in an office which as far as you knew was a place to which the public had access, or members of the organisation had access, ? — I should say so, during (30 normal working hours

During normal working hours. You didn't see any guards at the doors ? — No.

_ 977 -

And having regard to the other aspects in the way in which the documents were kept, it certainly looks, Mr. Moeller, does it not, that if this was a cloak and dagger organisation, there may have "been dagger hut no cloak ? — The state of finding these documents, there was no filing (5 system, they just seemed to he placed at random in various partsof the office. I can't say anything more than that.

But its activities, generally, I put it to you — would you like me to put it again. Yo11 know, conspiratorial organisations very often adopt what are called cloak and (10 dagger tactics. You know what they are ? — Yes.

Now, it is said that this is a conspiratorial organ-isation by the Crown — you know that ? — Yes.

It is said to he a revolutionary organisation ? — I believe so, yes. (15

What I am interested to know, is where was the cloak-ing of the activities of this organisation that you dis-covered in the years in which you were a detective sergeant ? — There were times, as I say, that the word of Congress was put across at public meetings; there were concerenoes (20 held, to which the ordinary public were not allowed to attend, it was by invitation to delegates possibly from different sources. I can't say that those meetings were held openly.

You mean from time to time, was that at a ^articular (25 period, Mr. Moeller, in 1954, when an application was made to Court to prevent the police from coming into their meet-ings ? — There was such an application before the Court,

That was in 1954, was it not ? — I believe it was. And that was in connection with the Congress of the (30

People, when the complaint was made that the police were coming in to all their meetings for no reason whatsoever;

- 978 -do you remember that complaint was made ? — Yes,

And an order was obtained from the Court ejecting the police from such a meeting ? — Thatis so.

And, just to get that matter in its correct perspec-tive, Mr. Moeller, the police in those days alleged that (5 behind closed doors all sorts of crimes were being com-mitted — do you remember ? — I don't remember what the gist of the police side of the story was then.

Yes, because I want to remind you, Mr. Moeller, that that was challenged in 1954, and His Lordship who ^resided (10 in the case, Mr. Justice Rumpff, ordered evidence to be taken on the matter; do you recall that ? — I remember the case, yes.

And do you remember that the invitation was not accep-ted by the police, and no evidence was ever given of these (15 alleged activities in 1954 ? — I didn't follow up that course of the case, but I believe that was the position.

Now, Mr. Moeller, I suppose when a political party or a political movement has a meeting, it is normal for it to have private meetings as well as public meetings; (20 would you say that that is so ? — Yes,

And therefore when the African National Congress wanted to have a private meeting of its own delegates, presumably that would be in accordance with what is done by every other political organisation in this country ? — (25 Yes, but there was a difference. There did appear to be a difference. They seemed to resort to conferences from which the public in general were excluded.

Resort to conferences ? — Yes. You. mean conferences of the African National Congress (30

? — Conferences where at one particular conference, at the Trades Hall, I remember, there were some 800 people present.

Yes, those were people $ho were invited from all sec-

- 979 -tions of the community, do you remember that conference, Mr, Moeller ? — I don't know whether we can say all sec-tions of the community.

Well, a large number of sections ? — A large number of sections, I should say. (5

Will you give me the date of that, Mr. Moeller ? — I can't give you the date.

Was that a conference held in the Trades Hall in Johannesburg ? — Yes, it was a conference at the Trades (10 Hall.

And was that a conference where the police were there ? — The police, I think, raided this particular con-ference that day, or towards the end of the day, and the names and addresses of all those present were taken. (15

Ihere were a large number of people present not be-longing to the A.N.C., weren't there ? — It is difficult for me to say now, unless I checked up.

There were Europeans there, were there not ? — There were several Europeans. (20

And members of the Liberal Party were there, were they not ? — I couldn't say.

There were members of the churches there, were there not ? — There may have been.

The point I want to make, Mr. Moeller, it was a Con- (25 ference to which certain persons were invited ? — Yes.

Well, when certain persons are invited to a Confer-ence the public generally is not usually admitted, is it ? — That is so.

Now, Mr. Moeller, according to a document that was (30 read this morning, A.309, it was said that the police infiltrated informers into the ranks of Congress — do you remember that being read just before the tea adjourn-

_ 980 -

merit ? — I do. And it was said that at the trial of Dr. Moroka and

nineteen others, it turned out that a member of the Con-gress who actually worked at national headquarters was a detective sergeant on special d^ty ? — That is so. (5

And that what is here stated is correct ? — That is correct.

That appeared at the trial ? — That is so. That was the trial, just to get the matter correct,

that was the trial of what were called the Defiance Cam- (10 paign volunteers which was "before Mr. Justice Rumpff ? — That is so.

Now, that was known in — this document is dated September 1953, this document which was read, Exh, A.309. Is that correct ? — Yes, (15

Now, Mr. Moeller, would you be giving any secrets away if you told me whether this practice ceased BY MR. VAN NIEKERK: I must object to that question, Milord. BY MR. JUSTICE RUMPFF: On what grounds?

BY MR. VAN NIEKERK: On the grounds, Milord, that it is (20 trying to get from the witness the practice of the police in investigating matters. Milord, a full argument can be presented to Your Lordships later on, but at the moment I wish to record my objection. It also refers to informers and things like that, which evidence is clearly not admissa-(25

BY MR. HOEXTER: I haven't sought Milord to find out who the informers are, and the point I am trying to make, Milord, is already established in part; I want to conclude it. The point is that it ....that this practice continued (30 and must have been known to have continued and is relevant to the issue as to whether we were doing violent things be-

_ 981 -

hind peoples' hacks during the period of this indictment, and I submit I am entitled to ask that question. BY MR. JUSTICE RUMPFF: You want to know from this witness whether or not after a certain date the practice continued of employing police informers (5 BY MR. MAISELS: To become members of the African National Congress or one of the other organisations. BY MR. JUSTICE RuMPFF: But need he answer that? Why should the police disclose how they treated a certain matter, what their practices were? (10 BY MR. MAISELS: Well, Milord, I submit it is relevant in this case, because we shall BY MR. JUSTICE RuMPFF: I followed your cross-examination so far, about the way the African National Congress con-ducted its affairs, the meetings, and so on. The Crown (15 has not suggested any secrecy about it, in its case or particulars. BY MR. MAISELS: Of course, of course it has, Milord. The whole of its case is that there was talk of non-violence and it meant violence. The whole of this case is that (20 this is a secret revolutionary organisation. That is the whole of its case, and that is to be inferred from all sorts of pieces of things lying about. I don't know, Milord, perhaps I am wrong, but as I have understood it .... because I am going to show Your Lordships presently in the (25 cross-examination how careful the Crown has been to exclude the real statements of policy which appeared in these docu-ments, and I can only assume that that is so, not because the Crown wants to mislead the Court, but because the Crown believes that those statements are not true, and something (30 else went on behind closed doors. BY MR. JUSTICE RbMPFF: I am merefy referring to the Crown case

- 982'-

so far as we have been able to deal with it, from the par-ticulars, which is built up on speeches made at meetings and documents found, and so on, BY MR. MAISELS: Milord, may I put the question a different way, which I hope will prove acceptable, (5 BY MR. JUSTICE RUMPFF: Yes. CROSS-EXAMINATION BY MR. MAISELS CONTD.: Mr. Moeller, there were other statements in this document which was read. Remember the case of Labala of Brakpan,"who wormed himself into that Branch by producing faked naming letters from (10 the liquidator, De Villiers Loiiw, who had instructions to spy on us." Is that true ? — Quite untrue as far as I know.

It is not true ? — Not true. The point is though, that they apparently thought

that this man was a spy, on this document ? — To a certain (15 extent the person mentioned — I know the man — he was the leader of another youth organisation opposed to the policy of the African National Congress Youth League at that time, and it is quite possible that they did suspect that he was an agent. (20

And the point made in this document is that there been

are people who may have/infiltrated into the Congress or-ganisations by the police — that is the point made in this document, is it not ? — Methods were used such as those described by (25

Thankyou; I am told, Mr. Moeller, in fairness to you that there are two Labala's. The one that you talk about is the Africanisi; you know, the man with a different policy, what they call the Africanist policy. It doesn't matter; it is of no importance, there is another Labala (30 to whom they were referring. You don't happen to know this gentleman ? — I know the K.G.F. Labala.

_ 983 -

This, I understand, is another man. But I have got the point that I wanted. Now, Mr. Moeller, let us just before we go on to the documents in detail, dea^ with those two documents, C.M. 40, and C.M. 45. You remember those two? Those were two documents which were found in the (5 possession of Accused Mayekiso ? — Yes.

And you remember you said that C.M.45 was on the whole very much like C.M.40 ? — One document appears to be a copy of the other.

That is good enough for my purpose. Both those were (10 found in the possession of Mayekiso by you ? — Yes.

Did you. hear him make a speech in which he delivered the contents of that document ? — I did not.

You were at the Congress of the People ? — I was. Did you see him hand anybody copies of that document (15

? — I cannot say that I did. It appears, Mr. Moeller, to be one of the great

speeches of history that was never delivered — it looks as though it was the kind of speech that he intended to deliver — is that right ? — I am quite unable at this (20 stage to say whether the speech was delivered or not, I don't know.

You have no evidence to suggest it ever was delivered ? — That it ever was delivered.

Now, Mr. Moeller, I want to refer you to a document (25 A,35, omitted by the Crown. And I want you to take in your hand Exh. A.24. (Handed to witness.) I think for record purposes one should now get this on the record. In many of the documents to which you have been referred, Mr. Moeller, there are blue pencil marks drawn across (30 parts of those documents ? — That is so.

Those blue pencil marks were not there when you took

_ 984 -

possession of the documents at the African National Con-gress Offices ? — That is so.

Now, this document, I want you to turn on A.24 to the message.... to a document headed "A Message to the 1954 Annual Provincial Conference of the African National Con- (5 gress, Natal, from A.J*. Luthuli, Provincial President, African National Congress, Natal, President-General African National Congress ? — Yes.

Have you got that ? — I have. It is on page ? — In this report it would (10

appear to be page 5. Commencing on page 5 of that report, and Mr. Moeller

would you now take in your hands Exh. A.35, and tell me whether these two are identical; we know they are, but I would like to get it on the record ? — Glancing through (15 them, they do appear to be identical,

A. 35, is that a document taken by yo11 from the offices of the African National Congress on 2?th September, 1955 ? — Yes.

I put that in. Now, I would like to read this to (20 you, and ycu can compare it with the part of A.24 which was excluded by the Crown : Mr. Luthuli was at that time, as this document says, not only the Provincial President of the African National Congressj Natal, but the President General of the African National Congress for the Union of (25 South Africa ? — That is so.

And he was the undoubted leader of this movement, isn't that so ? — Yes,

He also was one of the persons who was originally an Accused in the Magistrates Court ? — Yes. (30

And he was discharged sometime towards the end of those proceedings ? — I don't know what the position is.

_ 985 -

Well, you can take that to he the fact. Now, this document reads ..... By the way, Mr. Moeller, would you suppose that Mr. Luthuli would be a person who would know the policy of the African National Congress ? — I would think so, he being the President-General. (5

And he says: "Sons and Daughters of Afrika, Mayebuya, Mayebuya, Afrika, Afrika. I am glad to have the opportunity of speaking to you in absentia. In my message I want to assure you that the tyrannical bans imposed (10 on me and my colleague, Mr, Yengwa, the Provincial Secretary of the African National Congress, Natal, will not in any way weaken the bond of comradeship with you in our noble struggle for the liberation of the Africans in their Fatherland. I remain unshaken (15 in my confidence in ycu and in my firm belief in the ultimate defeat of the forces of oppression in whose vanguard in our country the Union of South Africa are the Nationalists of the Rev. Dr. Malan. I view the gloominess of our present situation under the Nation- (20 alist rule as the darkness that precedes the dawn. But let us not forget that this dawn will only come if all of us willingly sacrifice for the cause of freedom we hold dear ...."

Now, I don't want to read the second paragraph, because I (25 think we have had that before in another context. The third paragraph talks about the Congress of the People which we have ad ad nauseum — just correct me if my sum-mary is wrong, Mr. Moeller — the fifth paragraph deals with the opposition to the Western Areas of Johannesburg (30 the Bantu Education Scheme and the rent increase in the municipal housing schemes for non-Europeans ? — That is so,

_ 986 -

And then it says — reading, from the sixth line, the fifth line of the first paragraph of page 2:

"The opposition to the Western Areas of Johannesburg Removal Scheme, the Bantu Education Act, has evoked widespread vigorous opposition by some leading men (5 and women in the white community. This has been

most encouraging to those of us who are in the fore-front of the struggle for freedom, I would like to single out for special mention the most outspoken and fearless opposition made by leaders of some (10 Christian churches, viz. the Roman Catholic Church, sections of the Church of the Province, the Congre-gational Union of South Africa and Presbyterian Church. General condemnation of the apartheid policy of the Union Government has come from far and (15 wide, even beyond our borders. The Assembly of the World Council of Churches which recently met in Evanston, Illinois, U.S.A., did not fail to register unequivocally its condemnation on religious grounds of this policy. And so have some church dignat&ries(20 in some other parts of the world. All this has been a source of encouragement and inspiration to

us who are victims of this policy, and no doubt it has equally been an encouragement and inspiration to those in White South Africa who are trying to fight (25 this demon of apartheid. Let me briefly present to you some of the encouraging words of these great men of God found in our country and overseas. These are recent statements: Dr. Webb. Dr. Webb, President of the Methodist Church of South Africa in his Presiden- (30 tial address to a representative session of the S.A, iViethodist Conference said, inter alia: 'The Methodist Church could not accept the policy of apartheid as

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"being compatible with the teachings of Christ, How could apartheid be reconciled with the Second Command-ment - "Thou shalt love they neighbour as thyself," How could it be reconciled with Christ's injunction "Whomsoever he would that men should do unto you, do (5 you even so unto them." The Church would be failing in its duty if it did not condemn a policy which aims at differential treatment of any one section on the basis of colour alone. Such a policy was opposed to the Christian principles, the Fatherhood of God, and the (10 brotherhood of man. In England, in distant England, we heard the condemning voice of Dr. Geoffrey Fischer, the Archbishop of Canterbury: "It is grief beyond meas-ure to us that just at this moment when in many ways tensions are relaxing, all the portents in South Africa (15 point to a relentless pursuit of a policy towards the native population there which is bound in the long run to be catastrophic in its effects. It was a policy regarded by almost all Christian opinion outside the Dutch Reformed Church as un-Christian in principle. (20 And bishops in South Africa have again and again pro-tested with power and charity. We in this country have supported them wholeheartedly, adding from time to time our own clear judgment." The Primate made these re-marks and others recently at the Synod of the Convoca- (25 tien of Canterbury of the Anglican Church in Southern England. The Rev. Leonard Heep, Chairman of the Con-gregational Union of South Africa, in the course of his speech at a Dutch Reformed Church Conference of church leaders said inter alia: "Unless principles govern (30 life instead of life dictating principles, we are ruled by egotism. The black man we regard as usefu}.

Collection: 1956 Treason Trial Collection number: AD1812

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