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22086 MR. TERBLi-NCHE
KENNEDY J; Tell me, what then remains? What 1
remains of Ntsangani's speech in the opinion of the Crown?
MR. TER3LANCHE; My lords, the portion I dealt
with yesterday . . . .
KENNEDY J ; Yes, I 'd just like to he reminded.
MR. TERBLANCKE; Where it was put to the witness, 5
my lords . . . .
KENNEDY J; I want to know what remains of his
speech on which the Crown relies?
MR. TERBLANCHE : There still reiaains, my lord,
that in our submission it 's an indirect advocacy hy this i 1 0
accused, referring to Kenya my submission is really
that the witness - although he said he couldn't remember
it , but he wouldn't argue with it - - that is correct,
but there really seems to be no reason why a person who
wants to say their s truggle is non-violent should refer to
these violent struggles in other parts.
KENNEDY J; We are bound by the evidence.
What is the Crown's attitude to what he said under cross
examination?
MR. 1ER3LANCHE s My lords ,Ntsangani gave evidence
on this and he at page 16246 said he could not have said
that . . .
KENNEDY Js I 'm talking about the cross exa-
mination of Ntsa^ani .
Mi;. TERBLANCI-IE ; My lords, my submission is
that the cross examination of Sogoni amounts to the usual
thing that these witnesses said, that they haven't had it
in their notes but they had missed many things and on that
basis, my lores
15
20
25
30
22087 MR. TER3LANCHE S
KENNEDY Js Do you say we must read it as if it
could reasonably be thiss The African Nation . in South
Africa is not going to act like the Kenya people did, or
do you say that the cross examination doesn't carry it so
far?
MR. TERBLANCHE: My lords, in my submission
the cross examination does not carry it so far .
KENNEDY J; Why?
MR. TERBLANCHE; Because, my lords . . . .
KENNEDY Js Because the witness says "Well , if
you say that I 'm not going to argue with you; I don*t
remember whether he said not . . . .
MR. TERBLANCHE; He didn't remember i t , my lords
he couldn't remember it , but it wasn't in his notes, and
if it had been said in my submission it would have been in/
his notes. 1
H3KKER J: What worries me about Sagonij he
takes down a statement "We are going to do as the people
in Kenya do" from which he refreshes his memoiy; the
minute he agrees that the word 'not' might have been used
that renders hi3 notes suspect and unreliable.
MR. TER3LAMCHE; But my submission is he didn't
agree, my lords.
BEKKER J% Well, what does this mean, when he
says, "Well , I won't argue with that " .
KENNEDf J ; Why didn't he say "No, that's not
correct".
MR. TERBLANCHE; He said, may I get the full
context 4 . . .
RUMPFF J ; Mr. Terblanche, it seems to me that
22088 MR. TERBLMCHE
you are in difficulty . . . .
MR. TERBLANCHEs Possibly, ay lords; anyway, that
is the submission I make, my lords. He didn't agree that
it was said, and he only said that he won't argue with it
and he explained that by saying, "Well , I said I won't
argue because I didn't hear i t " . That was why it wasn't
in his notes.
My lords, I cannot take the matter any further than
that. I then deal, my lords, with the meeting of the 26th
June, 1955, and the speech quoted in the Indictment by
S , Nkalipi at page 9921, line 9 to line 15 . He is reported
to have said "The Congress of the People is meeting in the
Transvaal; anything can happen after the meeting, we don't
care. The American Republic was formed after a bloodshed,
so will the South African Republic be achieved after a
bloodshed. The Russian Republic was also achieved after
bloodshed at the time of Lenin. The Chinese people's
Republic was achieved by bloodshed "
My lords, NkamjB ni was the last speaker; particu-
lars of his speech were not given in evidence.
REMEDY Js I 'm sorry, I cannot hear you . . . .
MR. TERBLMCHE)s Nkampeni, my lords, was the last
speaker; no particularsof his speech were given in the
evidence. The cross examination on this meeting is at
pages 10010 and 1004-2. It is to the effect that a meeting
which took 2 hours was recorded on l£ typewritten pages.
Nkalipi's speech is recorded in just under 7 lines; it
was suggested to the witness that Nkalipi said that the
Congress of the People was meeting in the Transvaal and
indicated that anything might happen there because there
would probably be a large police force. The witness said
22089 MR. TERBLANCHE
said that he did not know whether he missed i t . . •
KENNEDY J ; Well , I suppose that means he could
have missed it 0
MR. TERBLANCHEg He could have missed i t .
KENNEDY J; The Crown accepts that? ^
MR. TERBLANCHE; Yes, my lords. Certain other
matters were also put to him and the witness said that he
did not know, but it was possible that Nkalipi said it .
He then referred to the portion where "The American Republic
was formed after bloodshed and so will the South African
Republic') and suggested it made no sense. It was further
suggested that Nkalipi went on to say that the Africans in
this country were not going to resort to violence as their
campaign is a passive one based on the principles of Ghandi.
The witness said he did not hear that but admitted he could
have missed i t .
Now, my lords, firstly on this cross examination
the usual admission made by these witnesses, that they missed
many things . . . .
KENNEDY J; I 'm sorry, I did not hear that.
MR. TERBLANCHE% The usual admission, my lord,
by these witnesses, that they could have missed these
matters, and the suggestion that that certain portion made
no sense in my submission it does make sense, read in the
cntext the reference to the American Republic being
formed after bloodshed, and that the South African Republic
will also be a chieved after bloodshed.
Now, my lords, Nkalipi gave evidence on this
meeting at page 15611. The first portion quoted in regard
to the American Republic, and Russia and China is where
22089 MR. TERBLANCHE
he said: " I can recall my speech of that to-day but as
I 'm listening it is not fu l l " . He said he could remember
making the references to those countries which were fight-
ing by violent means, and that theirs was not to be con-
ducted in such manner. He said that in the abstract the
Congressof the People was meeting in the Transvaal, anything
could happen after the meeting, "We don't care"; he said
he never used the words "Anything can happen". He said he
saids "Anything can happen there but we are not to fight. "
He did say anything could happen there because the meeting
might be attended by a large number of police; perhaps
there may be trouble there, but they were not to conduct
their struggle by violent means.
KENT.SPY J: What do you say about the overt a ct
in view of the admissions by Gazo and the evidence by
Nkalipi?
MR. TERBLANCHE: My lords, this evidence of Nkalipi
was not proved ti be untrue - it was not proved, my lords,
that this was untrae , . . I cannot say that this evidence,
in view of the cross examination . . . . but it is a fact
that your lordships should take into consideration, that
it appears from the evidence that e very reference he had
made to non-violent struggles was not recorded by the witness.
It seems to me that that is impossible . . .
KENNEDY J : I f the witness says this: " I attended
this meeting, it lasted a long time, I only got down portion
ofwhat was said, this is what I have reported" and he refers
to the bloodshed, the American revolution, and then he goes
on to say, "Well , in addition the speaker may have said
'We are not going to behave like that ' , and I didn't take
it down", what is the effect of his evidence?
22091 MR. TERBLANCKE
MR, TERBLANCHE; My lords
KENNEDY J; He makes that admission.
MR. TERBLANCHBt If he makes that a dmission . . .
KENNEDY J ; Doesn't it nullify the evidence con-
cerning any intention of bloodshed in South Africa? I f a
witness is in that position, surely he should say; "The
witness did not say thaty because then it would have spoilt
the whole effect of what might have been taken down.
MR. TERBLANCHE; Yes, my lord.
KENNEDY J; But once he admits, "Well , perhaps
he said that and I omitted it because I missed a whole lot " .
MR. TEBBLANCHB: My lords, let me just put this ,
that this reference to Russia and China and that their s truggle
was the same . . . .
KENNEDY J; Russia and China?
MR. TERBLANCHE; Oh, this is Russia and America
in this case, my lords.
KENNEDY J : Ameri ca only.
MR. TERBLANCHE; No, and Russia, my lord. The
American Republic, Russia and Chia - all there of them were
mentioned, my lord. This, my lords, is the same idea as
that expressed in documents and other speeches 'that their
struggle was the same as that in Russia and China and those
other places ' .
KENNEDY J ; Exactly what Nkalipi said. Russia
and China . . . .
MR, TERBLANCHE s Yes, my lord. He referred to
"The American Republic was formed after bloodshed, the
Russian Republic „ . .
KENNEDY Js I see.
22089 MR. TERBLANCHE
MR. TERBLANCHE; And the Chinese Peoples Republic.
The reporter had down, "The American Republic was foimed after
a bloodshed, so will the South African Republic be achieved
after a bloodshed. The Russian Republic was also achieved s
through bloodshed at the tine of Lenin; the Chinese Peoples
Republic was achieved through bloodshed under Chiang ka Shek."
KENNEDY J ; That's the part upon which the Crown !
relies? J
MR. TERBLANCHE s Yes^, my lord. My lords, then
the last is a meeting of the 15th January, 1956 , and this
meeting was also dealt with fully under Ndimba yesterday at
page 15 - Ndimba's summary - and the speech quoted in the
Indictment is that of Ndimba at page 9762, line 15 to 18 ,
9762 - line 27 , and 9763 line 1 .
KENNEDY J; Well, I think you told us what Ndimba
is alleged to have said. Would you mind repeating it?
MR. TERBLANCHE s It doesn't appear, my lord.
But I read it to your lordships yesterday.
KENNEDY Js Would you mind refreshing our memories,
MR. TERI3LAI-TCHE s Yes, my lord. Page 9762 at
line 15 he is reported to have said, "As from to-day the
Group Leaders must do their best to organise more volun-
teers. As we here can be shot dead by the Dutch people
Mr. Swart may change our campaign,, If South Africa can't
be free we must do all we could to achieve freedom", and
then again from line 27 - but I ' l l read the wholes "China
is now free and the oppressors failed. The volunteers
must not resign until freedom is achieved. In Kenya there
are Africans who are members of the Parliament. The
people think that the A .N .C . is dead when they don*t see
22093 MR. TERBLMCHE
the volunteers; all the branches must start forming
committees", and this next portion, my lord, is in the
Indictment agains " In Kenya the Africans were not allowed
to carry knives but to-day they are fighting against the
Capitalists. You must wait for instructions from your
Commander-in-Cheif. The land must not blame the leader
the day the Mood flows."
r
My lords, again this reference to the blood
flowing, and the struggle to be carried on by the Freedom
Volunteers.
Then, my lords, Nkampeni spoke after Ndimbaj
he was also called upon to collect money to pay for the
hiring of a hall . He took part in the proceedings of this
meeting, my lords, and did not sisassociate himself from I
this speech.
Then the Defence read in a portion of Makwayi1
speech at page 9767. That does not affect Ndimba's speech,
my lords; it deals with Trade Unions and street committees
that are to be foimed, and the Government is employing more
policemen, and we as workers don't fight for our rights - -
that's the portion that was read in, my lords.
My lords, in regard to this meeting I also
wish to refer your lordships to the speech of a person
Mankoko at page 9764 where he is reported to have saids
"What is a volunteer? A volunteer is a person who obeys
the instructions given by the leader; I would like to say
a few words. Volunteers are expected to go from door to
door preaching the Congress of the People. I f we want
freedom we could, if we are united, achieve freedom.
In China the volunteers did their work to free their
country."
22094 MR. TERBLANCHE
My lords, here again the reference to China
and what the volunteers did there.
Then I also wish to refer your lordships to
the speech of Mkwayi at page 9764 where he is reported
to have said, "Yestersay I was here at Korsten and I
net volunteers and I spoke to then; I noticed they were
pleased. The volunteers got nore work to do " and
IBE then said "The uniform of ours is cheap and we don't
want to wear expensive clothes. I want all the volunteers
to wear a uniform at all tines" , and then he refers to a
meeting of volunteers and he referred to the fact that i
the decision was not to accept the Reference Books, and
he refers to the Passes and says wonen shall never carry
passes. Then he speaks about Bantu Education and says
it aims at dividing the people, and then he is reported
to have said "There are volunteers who want to use violence
but the policy of the A .H .C . is against that. During the
Riots in 1952 some men ran away from Port Elizabeth. The
Zulus fought the Europeans to defend their country. We
as volunteers must not make the mistake which happened
in 1952, When the time comes for war the volunteers
must be determined to fight, but I don't say that it is
going to happen, and all we do must be on the alert. "
Then the last portion of his speech, my lords,
where he is reported to have said; " I am pleased to see
that there are still volunteers, members of the A .N .C .
fighting for freedom. A person is meant to die and the
has instructed the police to shoot the people."
Clearly in my submission, my lords, that is
an indication of what was expected of the volunteers, that
10
15
20
25
50
22095 MR. TER3LANCHE
10
they had to be ready for a war. That, my lords, in my
submission is the one overt act. No, 2 , on page 11
- my submission is that that has been proved beyond any
reasonable doubt by the evidence of Mdelane and Nkalipi
and, my lords, all the other evidence of overt acts can
be used to show that he adhered to the conspiracy, and
that he had the necessary hostile intent.
REMEDY J; ARE overt acts 2 to 5 all under 4
( 3 ) (3 )?
MR. TERBLANCEEs Yes, my lords. My lords, my
learned leader Mr. Trengove will now continue.
MR. PLEWMAN% My lords, I wonder if I may say
something at this stage. My lords, this trial is going
tolast a long time s t i l l , and while i t ' s unusual for the
Defence to interpose at this stage of a case i t ' s not with-
out precedent, my lords. My lords, I don't admit the
Grown has made out a case against any of the accused, but
as far as this accused is concerned while I don't wish to
- I don't ask to be allowed to argue his position fully at
the moment, I would, my lords, in view of the long time that
this case is st i l l going to last, very respectfully ask
whether your lordships can say on the argument that has
been produced by the Crown whether there is evidence on
which the Court could xoossibly find beyond a reasonable
doubt that the accused had entered into a conspiracy to
overthrow the State by violence, and my lords, i f there is
not that evidence I suggest respectfully, without arguing
his case fully , that he be released at this stage.
RUMPEE J; Well , you'll have to deal with the
evidence.
MR. PLEWMAN; My lord, I can't ask that I be
15
25
22089 MR. TERBLANCHE
allowed to argue his case now, and if that is the feeling
of the Court I cannot take it further, hut i t ' s not un-
usual, my lords, to make the application.
RUMPFF J: X know? the difficulty is that we
haven't got all the evidence before us.
M R . PLEWMAN; AS your lordships please.
RTJMPFF J ; Speeches made at meetings at which he was
present - - we ' l l have to deal with the credibility o f . . . . .
MR. PLEWMAN: I took i t , my lord, that the Crown
relied on what it has put to your lordships, but if your
lordships require further evidence. . .
RUMPFF J; In some cases, as you know, Mr.Terblanche
didn't quote the evidence.
MR. PLEWMAN; As your lordship pleases; I can 't
take the matter further.
RtTMPFF J; It would have been very useful if we had
all the evidence.
KENNEDY J; Speaking for myself, Mr. Plewman, while
I have asked a number of questions, to some extent I have
no doubt the position of this accused perhaps to a
great extent - - will depend on the reliability of the
reporters„
MR. PLEWMAN; Well, that is so, my lords. There
are only two reporters, my lords, a nd I merely based myself
on the argument as presented by the Crown. If your lord-
ships feel that the matter needs argument, obviously I
cannot take it further.
RUMPFF J : Yes, well , we prefer not to deal with
the accused at this moment.
MR. PLEWMAN; As your lordship pleases.
22097 MR. TRENGOVE
MR. TRENGOVE: My lords, I believe there is a re- x
port from the accused Ndimba who missed the bus this
morning.
My lords, may I now deal with the position of
accused No.27, S . Ntsangani. Your lordships will find
if your lordships refer to the Index that it sets out the 5
overt acts against this accused, his membership, and then
an analysis of the evidence as the Crown sees i t ; then
my lorsa, a Section B dealing with the proof of the overt
acts, and then your lordships have separately, which has
not yet been bound, Annexure 'A ' which sets forth the 1 0
portions of the meetings and speeches referred to in his
evidence. Your lordships will remember that what was done
was that he was presented with a volume containing a
speech and in his examination-in-chief and cross examina-
15
tion that wasn't always read into the record. Now this
Annexure ' A ' , my lords, merely sets forth the full
speech of a particular speaker to which he was referred.
My lords, we deal firstly with the membership
of organisations and your lordships will see that as far 20
as the Eastern Cape is concerned this accused occupied
a prominent position in the African National Congress
Movement, and my lords, we also say that he played a very
prominent part in its activities. He wasa Branch execu-
tive of the New Brighton Branch, and he was Vice-Chairman 25
for the period 1953 to 1955 ? then, my lords, what is
important is that he was also a member of the Eastern
Cape Regional Committee. Now, your lordships have the
evidence on record, that the Eastern Cape Regional Com-
mittee is a committee of the branches in the Eastern Cape 30
22098 MR. TRENGOVE
which oc-ordinated the activities of the African National
Congress in that Eastern Cape Region.
KENNEDY J: Is there only one Regional Committee
in the Cape?
MR. TRENGOVE; The Eastern Cape Regional Committee,
my lord.
KENNEDY J: Only one?
MR. TRENGOVE; Yes, my lord. Then your lordships
will see that he was also (Chairman of the Eastern Cape
Region of the African National Congress Youth League from
1952 to 1954. He was on the Youth League Executive for the
Cape for a period of three years, and your lordships will
see that he was elected to the National Executive at the
Uitenhage Conference in June, 1954, and he remained on the
National Executive of the Youth League until well after the
Indictment period. Your lordships will remember that the
Uitenhage Conference has featured quite prominently in the
evidence so far. And, my lords, finally he was President
of the Youth League Branch at New Brighton in 1952 to 1954.
My lords, then the Crown set3-: forth its analysis
of the evidence of accused 27 and your lordships will find
that in the case of this particular accused the whole of
h i s evidence is recorded in Vol. 77. My lords, we haven't
set out in this Summary the specific portions of the evi-
dence because in t he case of Nkalipi, to which I wil l stil l
refer, my lords, we found that in order to produce the
evidence in support of our submissions we really had to
re-type the whole record because i t ' s in one volume
we didn't do that.
22099 MR. TKENGOVE
- , My lords, so far as his evidence is ccncerned,
we rely firstly on the fact of his membership to which
he testified, and secondly, my lords, on his knowledge
of the African National Congress policies and activities.
And, my lords, as far as this particular accused is con-
cerned, he adopted the attitude in the witness box - your
lordships will accept that - and we accept that position -
hesaid that he knew and fully understood all t he policies
and activities of the African National Congress. He de-
rived his knowledge of the African National Congress
policies and activities from documents such as Presiden-
tial Addresses, speeches delivered at Conferences, speeches
and addresses delivered by the Provincial Presidents of
the Cape - particularly Prof. Matthews - as well as execu-
tive reports, Provincial as well as National.
And then, my lords, in his evidence on the
political training of volunteers accused 27 stated in
evidence that he used the reports of the African National
Congress ,National and Provincial Conferences, over the
years 1952 to 1956 , for his lectures, and he knew and
understood the reports well enough to lecture. Eor
instance, he used Exhibit A«37, AoN.C. Report for 1954.
My lords, we have indicated in this passage where - -
on which passages in the record we rely, and may I , my
lords, as far as this last point is concerned, may I Just
refer to the record at page 16351 to the passage quoted
there. To get it in its context it may be better to
start at the bottom of page 16350 where he deals with
the question of volunteers. The question is then put
to him by his lordship Mr. Justice Bekker:-
22098 MR. TRENGOVE
( "Q ) Well,did they have political training?— (A) I
wouldn't say it was political training, my lord, I don't
know. If one says that's political training, that's all
I know."
Then he continues with that thene, my lords. Then
he is asked at the bottom of page 16350s-
( "Q ) Now what did that consist of. In the Eastern Cape
did you take the African National Congress National Execu-
tive Reports? And the A.NcC.Provincial Reports, and on
the basis of those reports hold s tudy classes and lectures
for volunteers?— (A) Various reports of the Provincial
Conferences and National Conferences which reflected the
activities of the various branches throughout the country
were more or less discussed with the volunteers."
( "Q ) In other words, they were kept informed", and when he
is asked whether they were study classes he said " I won't
call them study classes."
( "Q ) Where was this done, in the open, at public meetings
or where was it done?-— (A) At meetings of volunteers and
members of Congressc"
( "Q ) At private meetings?— (A) Yes, one may call them pri-
vate meetings."
( "Q ) Now, who gave your instructions; who gave you your in-
structions?-" and then he spoke of the late Mr. Tshume.
( U Q ) And did he give you political instruction?— (A) Yes,
in the manner in which I have described."
( "Q) And did you at any stage assist in the training of
volunteers on this basis?— (A) I did, in the manner which
I have described."
("Q") Now give me the dates, the names and the documents that
you used?" The question is repeated, "The dates of the
22101 MR. THENGOVE
documents, the National Reports, the 1952 National Reports,
Provincial Reports and so on", and then his reply is:
"There I would say all the reports of the African National
Congress from time to time." "For instance we had a con-
ference in 1952 in the Cape Province; some time in April
or May. The decisions of that conference and also the
decisions of the Defiance Campaign; in fact the volunteers
were informed of those decisions."
(MQ) I want to know what you did, and what documents you
used?— (A) I did the same thing, I used the reports."
( "Q) You used the reports of the National Conferences over
the years 1952 to 1956?— (A) Yes."
( "Q) Did you use the reports of the Provincial Conferences
over the years, 1952 to 1956?— (A) Yes"
( "Q) You knew and understood those reports well enough to
be able to lecture to these volunteers?— (A) I used them
in a manner in which I understood them."
("Q) Yes, and did you know that lectures were being issued
for the training of volunteers?— (A) I never knew that
the African National Congress issued lectures."
My lords, we respectfully submit that a.s far-as
this particular accused is concerned your lordships will
accept the position that he studied and used National
and Provincial reports over the period 1952 to 1956 as
the basis of instruction or lecturing or whatever one may
call it , to African National Congress members and to Volun-
teers o
My lords, I make the submission t hat as far as
this particular accused is concerned he is very intelli-
gent man, he understood English well enough to be used as
22102 MR? TRENGOVE
an Interpreter at African National Congress meetings. Your
lordships saw him in the witness box, and I respectfully
submit that he would have understood the full import of what
was contained in their reports over that period.
My lords, now the first matter that we have to show
as far as this accused is concerned is what his state of
mind was in taking part in the activities of the African
National Congress as he did, and his state of mind, my
lords, depends to a large extent on the knowledge that he
had, and we respectfully submit that on this evidence your
lordships can find for instance that as far as the position
was concerned in 1953, your lordshops have Luthuli's Pre-
sidential Address - that's NRM.ll, to the 1953 National Con-
ference. Your lordships have the 1953 National Executive
Report, Z.KM.6, as far as 1953 is concerned - that would be
the basis of his knowledge and his instruction. 1954 -
your lordships have the National Executive Report and
Luthuli's Addrers A .37 ; 1955 - on a National basis your
lordships have the 1955 report, LLM„81, and we ask your
lordships to find that that is the African National Con-
gresspolicy as he saw it and understood i t , realising
exactly what it meant in the s truggle for liberation.
My lords, I will be referring to that presently.
As far as Provincial reports are concerned, my
lords, your lordships have the references over the years;
your lordships nave an exhibit for instance like TT .90 ,
dealt with under the case against Tshume; A . 17 , Provin-
cial Reports in the Cape during those years..
Now, my lords, the second point that we deal
with is the attitude of this accused towards the State,
22098 MR. TRENGOVE
We say, my lords, that on his evidence the accused re-
garded the State as presently constituted as the enemy
and the oppressor of t he non-white section of the popula-
tion. He said in his evidence that he attacked Capitalist
society as he saw it in South Africa which to him meant
the oppression of the non-white section of the population.
We will be referring, my lords, in the summary of speeches
to this attack on the Capitalist Statee
Then, my lords, on being referred t o the
African National Congress 1954 Report which denounces the
Government as Eascist, the accused 27 stated that to a
Xosa speaking audience such a government would be described
as a government which is vicious, unjust, brutal and urres-
ponsible.
Your lordships will remember that a very large
part of the National Executive Report for 1954 , A.37> a
very large part of that report is devoted to this political
review dealing with the internal situation, "The March to
Eascism" , with which I dealt quite fully at various stages,
and, my lords, if this man used this report as the basis
of his political instruction, as he did, then he was telling
his people in his own language which is Xosa speaking -
toXosa speaking recruits ~ "That you have to deal with a
government which is vicious? unjust, brutal and irrespon-
sible and whose viciousness and brutality increases as the
liberatory struggle goes along<,"
Now, my lords, may I just refer to the one
passage quoted under this heading, at page 16341. He is
asked about a certain meeting on the 27th January; then
heis askeds ( "Q ) Do y ou know what a Eascist Government is?—
22104 MR. TOTGOVE
(A) I think I said yesterday that my interpretation of a
Fascist Government would be a brutal, ruthless government."
Then the question is put to hims -
C'Q)And it is customary to refer to the present government
as a Fascist government", and he poses the question "By me?"
( "Q) Well , by the African National Congress and by speakers
from your platforms?— (A) Well, speakers on public platforms
in the Eastern Cape never use the term Fascist."
( M Q) Because that wore does not exist in Xosa?— (A) Yes."
Then his lordship Mr. Justice Bekker puts a
Xosa phrase to him, the English of i t , "The elephant that
can't be touched", and he says 'Yes 1 , and then the Crown asks;
( "Q ) You used the phrase 'the elephant t h a t c a n ' t be touched'?
and he r eplies "That would not mean Fascist" .
Then he is askeds ( "Q ) No?— (A) No."
( "Q ) How would you try andexplain Fascist in Xosa?— (A) There
is no translation for Fascist in Xosa" .
( n Q ) Did you ever try to convey to the people that the govern-
ment is a Fascist government?— (A) Not in Xosa"
( "Q) Never in Xosa?— (A) Not in Xosa, no«"
Now, my lords, I w ant to suggest and submit
to your lordships that apart from anything else, a factor
that your lordships will take into consideration is , inter
a l ia , the demeanour of this witness in the witness box when
questions were put to him, and I want to submit to your lord-
ships that he gave his evidende with the same, i f I may c all
it , studied insolence, impertinence, that Resha exhibited
when he gave evidence in the witness box, and my lords, this
type of attitude, if your lordships have this report of the
African National Congress, A.37* which in the Execulve Re-
port deals fully with the topic 'The March to Fascism', which
221D5 MR. TREEFOVE
is the description of the official African National Con-
gress attitude towards the Government and the whole ten-
dency, not even on the part of the Government hut on the
part of the European population, that they are on the march
to Fascism, being brutal and ruthless and vicious in their
attitude towards the non-whites.
Now, my lords, for this man who uses that docu-
merfc to come and say in the witness box that they never des-
cribed the government as a Fascist government . . . .
MR. HjMM/IN; My lords, with great respect, my
learned friend is not reading the record correctly. If he
carries on to page 16342 there is a discussion of how the
word 'Fascist' is dealt with in Court and the witness says
he would translate it as a Brutal Government, and he there
gives a description of how, if he is speaking Xosa, the
word Fascist would be dealt with. He does not deny that
it was used.
MR. TRENGOVE; My lords, I'm coming to that.
It 's just 1iie very point that I'm making. If my learned
friend would allow me to continue. It takes this witness
four pages of questions before he is pinned down to admit tin
that they must have referred to this government as Fascist
and that they have their description. It 's the attitude,
lords, of this witness that I'm trying to put to your
lordships; this what I call insolent attitude towards
questions put "o him by the Crown which he knew very
easily he could have replied to in one sentence, but I ' l l
iread, my lords, to show how he deals with this matter.
( "Q) Did you ever try to convey to the people that the
government was a Fascist government?— (A) Not in Xosa" .
22098 MR. TRENGOVE
Then a question from the Bench;-
( M Q) Is the contention really that if the detectives
wrote down a speech in English which was originally made
in Xosa, and if the English translation contained the
word 'Fascist 1 , that that word 'Fascist' was a rord put in
by the detectives?— (A) Yes, my lord, it was put in by
the detectives."
( "Q ) The word Fascist would not have been us<3d by the
speaker?— (A) No."
( "Q ) If he spoke Xosa?— (A) I f he spoke Xosa it would not
have been used."
( "Q ) If you speak Xosa and you refer to the Capitalists
what would you use then?— (A) The literal interpretation
of Capitalist in Xosa would be one who owns bags and bags
of money."
And then the question of Capitalists is dealt with.
Then, my lords, at the bottom of page 16342, the question
is put t o him;
( "Q) Well , if a speaker in Xosa referred to what in the
English translation would read as this ; "This Fascist
Government of ours"; how would the Xosa say i t ? — (A)
Interpreting it from English to Xosa?"
( "Q)Yes?— (A) Well, he would use the expression *an ele-
phant that cannot be touched'."
Your lordships will see that a few phrases on
page 16341 he said, 'The elephant that cannot be touched'
wouldn't mean Xosa; now it would mean Fascist now
he says if he used the word 'fascist ' in English and it
was translated into Xosa* well , he would use the expres-
sion 'An elephant that cannot be touched', or he would
22107 MR. TRENGOVE
say . . . Then the question is put; -
(»Q) I«h putting to you, assume the speaker said 'This
Fascist Government of ours is oppressing the people1 , what
would he say in Xosa?— (A) In Xosa, yes, he would say
the brutal government or the unjust government."
( "Q ) Yes, well , now assume that by reading an English trans-
lation 'this Fascist Government of ours oppresses the people'
?— (A) I would read that as being the English translation
of the Xosa speech."
( "Q ) Where would the translator get the word Fascist from?—
(£}) I f it is in conjunction say with Government, you see?—
(A) I don't know, my lords, because for instance I quote one
Robert Matshe who used this term Fascist - - he spoke in
English at all meetings; he did not understand Xosa well .
As I always interpreted for him I used the expression which
means 'An elephant which cannot be touched'."
( "Q ) When many meetings are held doesn't it become tiresome
to refer to 'The elephant that cannot be touched'", and he
says ' N o . ' .
And then, my lords, at the bottom of that page,
i t ' s put t ~ him: -
( "Q ) Inany event, Ntsangani, i t ' s customary in speeches in
Xosa to refer to this elephant that cannot be touched; to
translate that to English to Fascist?— (A) Customary with
who?". "Not with us, Mr. Trengove."
( "Q ) Well , take the report, A . 37 ; that is a report written
in English?— (A) Yes."
( "Q) And it refers to the Fascist Government; i t ' s becoming
Fascist - a Fascist State, and 30 on. When this report is
delivered to an A .N .C . Conference ?— (A) Well , one would
223108 MR. TRENGOVE
not interpret that into Xosa as meaning only an elephant
which cannot be touched. There are various ways of inter-
pEting i t . "
( "Q) NOW how would this be explained to members attending
the Conference, who don't understand English?— (A) To those
who know only Xosa it would be explained as follows: A
Government which is vicious, unjust, brutal and irrespon-
sible. " [ stns&rtt^S&fa W c . / o ^ ^ a £ e A ^
And then he deals with the question that many
people are illiterate at their meetings, yet they under-
stand.
Now, my lords, i t ' s quite clear that a s far as
this speaker is concerned and his attitude towards the
presently constituted government, he also held out to his
audience that it was a government which was vicious, brutal, j
ragust and irresponsible.
The second point, my lords, which we make un&er
his attitude towards the State is that this accused accepted
the Freedom Charter and he a ccepted the liberatory struggle
and that it should be directed towards achieving a State
based on the principles of that Charter. We quote the pas-
sage to your lordships and it is not necessary for me to
refer to that.
As far as unconstitutional action is concerned,
the Crown submits, my lords, that on the evidence of accused
27 , on his own admissions he accepted the Programme of
Action and the methods set forth therein as the means of
achieving their political aims, and we respectfully submit
that accused 27 fully realised the implications of the
implementation of the 1949 Programme of Action, notwithstanding
his professed ignorance of s trike action and its probable
22109 MR. TRENGOVE
consequences. My lords, May I in that respect also refer
to one or two passages. Page 16343 - i t ' s just following
on this passage, my lords, that I 've dealt with about the
Fascist State page 16344, and then 16345.
( U Q) Now, Ntsangani, do you accept - rather did you accept
the 1949 Programme of Action and the methods of struggle
set forth in that Programme of Action to a chieve your ob-
jects?— (A) Yes, I accepted the Programme of Action,"
( n Q ) And your object was to establish in this country a
true democracy?— (A) Our object, that is the object of
the A .N .C . as I understand i t , was that of trying to
bring about a change in the system. In other words, all
people must have the vote and that, as I understand,
would be called a Peoples Democracy. In other words, a
democracy of the people by the people for the people;
that's how I understood i t . "
("Q) And that type of democracy would be the State that
one would achieve if the Freedom Charter is implemented
and accepted by everybody?— (A), Yes, as I understand it"
and he said he accepted the Freedom Charter„
("Q) And you accepted that the struggle must be directed
towards getting a State based on the principles set forth
in the Freedom Charter?— (A) Yes, which is a democratic
State."
( "Q) And you accepted the position that that would have to
be achieved by unconstitutional and extra-parliamentary
action?— (A) I don't know what you mean by extra- parlia-
mentary and unconstitutional action."
( "Q) Otherwise through Parliament?— (A) Yes, we were
going to get it by waging the struggle outside Parliament."
t
The question is repeated and he said "And inside Parliament."
22110 MR. TRENGOVE
("Q) And by the means set forth in the Programme of Action
?— (A) Yes."
("Q) Now you also accept the position that the means em-
ployed by you, strikes, defiance campaigns, civil dis-
obedience, that those means could endanger the safety and
security of the State?— (A) I don't know, Mr. Trengove, 5
because as far as I am concerned in my thinking, and I
think my colleagues as well in the Eastern Cape, our
approach to the achievement of our aims - that is the
aims of Congress - was based more on economic boycotts."
("Q) Yes, but you accepted that it was necessary to em- 1°
ploy other means in terms of the Programme of Action -
that you would be prepared to do it?— (A) As long as
those means would be within the policy of the African
National Congress."
("Q) Nov; take strike action, do you know what that is?— 15
(A) I don't know, I may have a wrong interpretation of
strife action, but I say yes".
("Q) Well, look at this document, "Political Organisation"
- it was published by the African National Congress B .25" .
Your lordships will remember that that was the 2 0
document which Mandela in thecourse of his evidence testi-
fied to as being published by the Transvaal Executive as
the basis of a lecture. It deals with the forms of struggle
set forth in the 1949 Programme.
He sayss "There is nothing in this document to 25
say it was published by the African National Congress".
Then I put to him, " I didn't ask you that", then
he could have misunderstood the position, and then the
question is repeated at page 16346 s
("Well, alright; well - have a look at this document?— 30
22111
MR. TRENGOVE
(A) Which portion?"
("Q) Read the paragraph dealing with strike action which
was put to you when I handed you the document?— (A) Only
that portion", and then he is referred to the whole page
- on Strike Action, my lords.
Then it continues, my lords, at page 1634-7:
("Q) Now that paragraph about strike action refers to
the fact that the strike leads to a clash between the
people that strike and the Government", and he is asked
"Do you realise that?— (A) Well, I don't know; that's
something I never came across. In fact it is something
I never worried myself about - s trike action and suchlike
things; they never came to my mind. I was not very much
concerned with strikes and so on. I was concerned with
what we were doing in our biranch."
("Q) Ntsangani, you said you know the A .N .C . policy and
you accepted the Programme of Action?— (A) This document
doesn't reflect the policy of the A.N.C. - i t ' s an
individual document written by an individual1'.
Then his lordship Mr. Justice Bekker points out
that Mandela had given evidence to the effect that it was
issued as political education., end he says well, they
didn't come across the document in the Cape.
Then he is asked
("Q) Do you accept strike action?— (A) How can I accept
a thing that I don't know anything about? I told you
I know nothing about strike action."
("Q) You said in your evidence-in-chie'f that you accepted
the 1949 Programme of Action and the methods set forth in
the Programme of Action?— (A) Yes."
("Q) And one of the methods is strike action", and how does
22112 MR. THEN GOVE
he reply to that, my lords? His reply is : "And up to now
the African National Congress has never embarked on a
strike", Then i t ' s put to him: -
("Q I 'm not asking you that; did you accept strike action
as a method of achieving the aims of the African National
Congress?— (A) Well, I understand the African National
Congress when it speaks of strike action to mean a stay at
home, such as we have organised since 1950 and I think we
are still going to organise more. That is how I interpret it
("Q) You don't agree with that document when it says that
a strike can lead to a violent clash between the State and
the strikers?— (A) I don't know; that's how it is des-
cribed, but I don't know; I have never considered i t . "
("Q) You have never heard of the Miners Strike in 1946?—
(A) Of course I did at one time or another."
("Q) When lives were lost?— (A) Yes."
("Q) Did you hear of that?— (A) I heard of i t . "
("Q) How were those lives lost?— (A) That's something I
never went into, Mr. Trengove; I never went into the facts."
Speakers who had a wide knowledge about it spoke about it in
my presence."
("Q) And what did they say? How eere those lives lost?—
(A) I t ' s very difficult to see that on what they said now."
Then, my lords, the Western Areas:
("Q) I want to put to you, Ntsangani, that you know very
well; that is why you are trying to get away from it, that
strike action which leads to a clash between the workers
and the Government undermines the safety and security of
the State?— (A) That's nonsense, I know nothing about that."
My lords, I respectfully ask your lordships to
find that his evidence as regards his alleged ignorance of
22113 MR. TRENGOVE
strike action and its implications, your lordships will
find that that evidence is unacceptable.
My lords, this man, just taking this report A. 37
for the moment; he knows very well, my lords, what the
implications are. I have referred over and over again to
that paragraph in A.37 which deals with the way in which
the African National Congress and its Allies have succeeded
in resisting the Government, and it refers, inter alia, to
the strike in flay, to the strike on the lot June, the first
National strike - - it refers to the Witzieshoek Resistance
where lives were lost. I t ' s not only contained in the
National Report, i t ' s also contained in the Exhibit A.17 -
those same references in much the same wording - A .17 to
which I 've also referred on a number of occasions, my lords,
which was read into the record, and my lords, which is
a report of the Cape Provincial Conference held at Korsten
in 1955.
(COURT ADJOURNED FOR 15 MINUTES)
ON THE COURT RESUMING:
10
20
MR. TRENGOVE: My lords, I move to the next
heading, The Defiance Campaign. We say, my lords, that
his evidence shows that he was a Group Leader in the 1952
Defiance Campaign; one of his duties as a leader was to 25
satisfy himself that the volunteers understood how the
campaign was to be conducted and what the policy of the
Congress was, and we say that his evidence shows - I quote
the passages there - that he played a prominent part in - I
his area as a volunteer in the Defiance Campaign. 30
??114 MR. TEE IT GO"VE
And we submit, my lords, that he associated himself with
that fully.
My lords, we next come to the Western Areas Cam-
paign. We say that the evidence of Accused 27 shows that
he supported the African National Congress Campaign against
the Western Areas Removal Scheme, fully realising what it
involved. Accused 27 supported this campaign and also
the campaign against the Bantu Education Act, notwithstanding
the fact that in his view the reactions of the Government to
these campaigns was becoming more vicious and brutal as
the campaigns progressed and grew more intense. Accused
27 said that he expected the Government to turn the V/estern
Areas in Johannesburg into a blood bath because of its bru-
tality. . . .
BEKKER J; Did he say that in the witness box or
contemporaneously with the campaign?
MR. TRENGOVE; In the witness box, my lord. I ' l l
deal with what he said about it in the campaign, my lords.
"It is respectfully submitted that in the light of his
attitude in regard to this campaign his claim that the
African National Congress kept on the non-violent campaign
and avoided a blood bath - that that is untenable."
My lords, in connection with the Western Areas
Campaign your lordships will have regard to the fact that
A .37 , the plans for 1954, the Western Areas Campaign, are
set forth.
BEKKER J; To what extent does the evidence re-
veal specific knowledge of the contents of A.37 as far as
this accused is concerned?
MR. TRENGOVE; He knew that, my lords
BEKKER J; Is that under the general reference
22115 MR. TRENGOVE
you gave? A
MR. TRENGOVE; Yes, my lords, and under the refer-
ence that he was also referred to A .37 .
BEKKER J; In the witness box here?
MR. TRENGOVEs In the box here, my lord.
BEKKER J; You bring this in against him under that 5
passage you quoted earlier on, that he used these reports?
MR. TRENGOVE: Yes, my lords.
BEKKER J; For lecturing purposes.
MR. TRENGOVE; Yes, my lord.
BEKKER J; I may have missed it ; was A.37 speci- 10
fically mentioned by him as one of the reports. . .
MR. TRENGOVE; No, my lord; A.37 was the only
way in which it was mentioned was that it was put to him
- he was referred to A .37 dealing particularly with the por-
tion of A.37 referring to the training of volunteers. . 15
BEKKER J; Did he say in the box that he used A.37?
MR. TRENGOVE s No, my lord. He said - - but, my
lords, my submission is that he didn't quote the exhibit
number, but what he did say was that he used the National
Reports over the period 1952 to 1956, the National Reports. 20
BEKKER Js Well, is that the general reference
which you say you are entitled to make use of as applying
to this particular feature?
MR. TRENGOVE; Oh, yes, my lord. My lords, I
say I am entitled to do so because he said he used these 25
reports. Now, A .37 , my lords, deals fully with the De-
fiance Campaign up to - - with the Western Areas Campaign
up to November 1954, my lords, setting out exactly what the
policy of the African National Congress was, and how that
campaign was to be the focal point of the Resist Apartheid 30
22116 MR. TEENGOVE
Campaign. ILM.81, my lords, the 1955 Report, presented
at Bloemfontein, your lordships will remember that that
was the report which again refers - i t ' s ex post facto
after the removal - - it refers to the fact that the
Government wanted to create a blood bath, and that was
avoided by the attitude
BEKKER J ; A . 162, does that figure at all as far
as this accused is concerned?
MR. TRENGOVE: No, my lords, I cannot ask your
lordships to hold that against him specifically, because
that is a report of the Working Committee and that might
have been the basis of the Executive Committee drawing up
LBS. 81 - - but that report specifically I can't ask your
lordships to hold against this accused.
My lords, just referring to . . .
BEKKER J; Just to get you back to the third line
in paragraph 6, "fully realising what it involved"; for
that you rely on what?
MR. TKENGOVE: I 'm going to quote the passage to
your lordships now* I s m relying, ny lords, on page 16363,
I start at line 20 to get the context first . At the bottom
of page 16363 - line 20. My lords, we have dealt with
the possibility of this brutal government accepting the
radical changes of the Freedom Charter, and we say - it
was put to him that they were going to use boycotts, strikes
campaigns like the Defiance Campaign. Then at line 20
he is askedt ("Q) A campaign like the campaign in the
Western Areas, was that one of the methods which you . . .
In the Western Areas of Johannesburg, the removal?— V/hat
about it?"
("Q) Was that one of the methods which y o u f e l t would effect
2? 117 ' ' MR. TKENGOVE
a change?— (A) Yes, because the result shewn in the 1
campaign against the removal brought about a change of
opinion infavour of the people in South Africa and even
outside South Africa."
Then he is asked about the Bantu Education and
he said that also had an effect on the electorate. Then 5
he is asked:
("Q) Now, as your campaigns progressed and grew more intense
the reaction of the Government became more vicious and
brutal?— (A) That is so."
("Q) The African National Congress even expected the 10
Government to turn the Western Areas in Johannesburg into
a blood bath?— (A) Because of its brutality we expected
that to happen, and the situation was saved by the African
National Congress even there."
Which, my lords, is the attitude exhibited in 15
LLM.81. Then he is asked "How" and he says " In that the
African National Congress from time to time stressed the
importance of their policy to bo adhered to; that was a
non-violent policy. That is why in actual fact the
Minister of Justice issued statements to the effect that 20
there were tons and tons of ammunition in Sophiatown which
was a lie, and which was ryoved to be a lie, not only by
the African people but even the white electorate saw that
the Minister was telling a l ie . "
Then a question by his lordship Mr. Justice Bekkerr 25
("Q) When you say the African National Congress stressed
from time to time its policy of non-violence in relation
to the Western Areas, what did you have in mind?— (A) That
people should not resort to violent means."
("Q) Are these speeches and documents you have in mind, or
22118 MR. TRENGOVE
what is it you have in mind?— (A) Speeches." 1
("Q) Made where? In the Western Areas?— (A) No, not in
the Western Areas; I am referring to speeches which were
made campaigning against the Western Removal in the Eastern
Cape."
("Q) As far as the Eastern Cape was concerned in relation to 5
the Western Areas Campaign, there it was stressed from time
to time that the policy of non-violence - that the policy
of the African National Congress was a non-violent one?—
(A) Yes, and I think, my lords, or I take i t , that it was 10
also done on the very spote" "That is in the Western Areas.
Now he is asked, my lords: - (By the Crown)
("Q) Now, this statement is also contained in the 1955 Report
ofthe African National Congress National Report, that the
Government wanted to turn the Western Areas into a blood
bath; how did you visualise, what was the Government going 1 5
to do to turn that into a blood bath?— (A) I was not in
the Western Areas and I don't know whether the statement
was issued by the Western. Arecs Committee which was in fact
more or less on the spot. There are people who would be
in a position to analyse what actually took place and so on. 20
I take it it was a sort of post mortem - - that was after
the removal."
This was his National Report, my lords: -
("Q) What I went to know from you is this: this brutal
Government, you accepted that they would use the Western 25
Areas Campaign :'aj the African National Congress, for the
purpose of provoking a blood bath?— (A) Yes, we expected
the Government, or rather I expected the Government, and I
think other people too, expected the Government to use force.
That is why we told our people that immediately force is used
22 LW MR. TRENGOVE
you must move to Meadowlands."
("Q) Yes, but did you accept that the Government was in-
tending to use force to create a "bloodbath in the Western
Areas?— (A) Personally my attitude to the Government has
always been that it would use its agents to incite some
of our people to commit acts of violence., and put the
blame on the African National Congress, and I also thought
on the same lines as far as the Western ^reas was con-
cerned. "
("Q) That the Government would use its agents to commit
acts of violence?— (A) Yes."
("Q) And then what would the Government do?— (A) Then in
turn the Government would come in with its forces and put
the blame for that violence on the African National Con-
gress. "
("Q) And when the Government comes in with its forces
further bloodshed can result?— (A) The very acts of the
Government's agents would bring about a misunderstanding
for disturbance of some kind'.'
("Q) And that would result in bloodshed?— (A) Yes. That
is why I say personally that lias always been my attitude."
("Q) Bloodshed by who?— (A) By the Government."
("Q) The Government would shoot people?— (A) Yes."
("Q) For what purpose?— (A) The sole purpose as far as
I am concerned would be to destroy the powerful organisa-
tion of the African National Congress, which the Government I
has not been in a position to destroy because of its policy.
("Q) I see, so you accept the position that the Government
had made up its mind to destroy this organisation by violent
methods? By using force against them and creating a blood-
bath?— (A) That is how I saw i t , "
22120 MR, TRENGOVE
("Q) Yes; now if this Government acts like that, the in-
discriminate spilling of blood by the Government, did you
foresee that the masses of the people who were taking part
in these campaigns, that the masses on their part - not also
Congress members - but that the masses might retaliate.
There was that possibility?— (A) No, the African people
from the very word go - I said that the policy of the
African National Congress, there is no doubt about that,
their policy has been proved many a time, and I think, al-
though I was not on the spot, it was proved in the Western
Areas as well. An armed force of 2,000 police, or whatever
the number was, was concentrated in that area, and only
because the African National Congress asked its members not
to resort to any sort of violence and to refuse to be pro-
voked to violence, that is why a blood bath never resulted.
That's my opinion".
("Q( Why did the African National Congress want to force
the Government to bring 2 ,000 police to the Western Areas
? — (A) I t ' s not a question of forcing, Mr, Trengove, i t ' s
not a question of forcing. The Government in fact does
these things. I t ' s not a question of the African National
Congress having to force them, the Government does these
things."
( "Q) Nov;, in spite of this attitude of the Government to
crush the Liberatory Movement by violence, in spite of
that you still persist in going on with these campaigns?—
(A) In other words, you are suggesting that we should re-
main in oppression for ever . " "As far a s I am concerned
I will never do so."
(,,!Q) Even if the Government uses violence to oppress you?—
(A) The Government can use violence, violent methods, but
22121
MR. TRENGOVE
as far as we are concerned we will keep to the non-violent
plan. V
My lords, that is his evidence as far as the Wes-
tern Areas Campaign is concerned, and the submission that
I make is that in the first place his state of mind is
undoubtedly a hostile state of mind towards duly constituted
authority. His state of mind is that the Government will
resort to violence in order to enforce its laws, notwit hstand-
ing the determination of the Government to resort to such
measures as it thinks fit and proper to enforce its laws,
he supports a campaign which in the very teeth of the
attitude of the Government seeks to make laws unworkable,
and as far as the African National Congress is concerned
his attitude - his state of mind - and my lords, his know-
ledge, whether before or after the event, is the same as
that of any member of the African National Congress who was
actively participating in the campaign in Sophiatown during
the relevant period.
And, my lords, i t ' s no answer and i t ' s no
defence to say that he might have beccmc aware of the
situation ex post facto. I f he accepced that situation
during, or- after the campaign, he makes himself a party to
it . Therefore, my lords* we respectfully suggest that
their attitude, his attitude in particular, that they were
trying to avoid a blood bath, your lordships will not
accept.. They were trying to provoke a situation which
could lead to a blood bath, knowing that that was the
probability. All the submissions that I 've made, my lords,
in connection with the Western Areas Removal Campaign apply
with full force to this particular witness, this particular * /
accused.
22122 MR. TRENGOVE
My lords, the next matter that we deal with
under this heading is the question of the Freedom Volun-
teers. We say it is respectfully submitted that accused
27 's evidence also shows that he was actively and intimately
connected with the recruiting and training of volunteers
in his area. According to his evidence the Defiance Cam-
paign volunteers were transferred to the Freedom Volunteer
Corps, my lords. I must apologise. Your lordships will
see that whenever an ' s' appears at the end of a word
i t ' s been typed as an apostrophe; we discovered that
mistake too late to have it re-typed, my lords. The apos-
throphe is redundant in that regard, my lords.
According to his evidence the Defiance Cam-
paign Volunteers were transferred to the Freedom Volunteer
Corps when Luthuli made his Call for 50,000 Freedom Volun-
teers. And we quote the passage there, my lords. Now
your lordships will remember he was at Uitenhage when that
very Call was made, at that Conference.
It is further submitted that the evidence of
accused No.27 shows that he was one of the people who as-
sisted in the training of volunteers in the Eastern Cape
at private meetings held for that purpose. He used National
and Provincial reports over the years 1952 to 1956 but he
denied, however, that he ever used any lectures for that
purpose, so my lords, apart from the question of specific
lectures the tasis of his instruction, if one may call it
that, the passage that I ' v e already referred to - the basis
of his instruction was these official reports of the Orga-
nisation.
My lords, then we deal separately with
lectures A.84 to A .86 and say we respectfully submit that
22123 MR. TRENGOVE
the evidence of accused 27 as regards these lectures and
the extent to which they v*ere used in the Eastern Cape
should "be rejected. He stated, inter alia , that these
lectures were never used as a basis for discussion at
meetings, nor were they used to instruct people in the
New Brighton Branch. He said that the lectures never
came to the knowledge of the New Brighton Branch Executive
nor did they come to the notice of the Eastern Cape Regional
Committee, and v/e refer to the passage in the record there.
Ir cross examination he stated that although
the question cf volunteers and their training was discussed
by the New Brighton Branch Executive the question of using
these lectures was never raised by anybody. He also said
that the matter was never raised in the Eastern Cape
Regional Committeej although he conceded that members had
copies of these lectures he said the lectures were never
read by anyone because these lectures were not sent to the
African National Congress,
Now, my lords, may I just refer to his
evidence in this regard. « ,
BEKKER J? Do you wish to emphasise some-
thing?
MR. TRENGOVE; No, I ask that your lord-
ships will reject that evidence . , .
BEKKER J; But you set out the effect of his
evidence; why is it necessary for your purposes to read
the evidence.
MR. TRENGOVE; My lords, it is not necessary
BEKKER J; Well, do you wish to emphasise
/something in his evidence?
MR. TRENGOVE; No, my lord, I don't want to.
22124 MR. TRENGOVE
BEKKER J: Well, let 's go on then.
MR. TRENGOVE; Yes, my lord* I ' l l just con-
clude with this portion. I refer to the evidence of
Nkalipi in this connection, my lords. The accused Nkalipi
said in his evidence that he received a copy of A .84 from
the Regional Action Council of the Congress of the People;
the chairman of the Council was T. Tshume and the secre-
tary was D. Mini. Nkalipi said that the secretary had
many copies to distribute. He confirmed that his own
copy was aXoso translation and he said he thinks the
interpreting was done by the Eastern Cape Regional Action
Council, That is of the Congress of the People, my lordSc
Nialipi also stated that the directives of the National
Action Council were to the effect that the object of the
lectures was that they should teach each other, as when
he was given a copy he was told to read it so that he
could speak about it . I t ' s quoted there, my lords, that
reference. Nkalipi's evidence in regard to the distribu-
tion of these lectures* is confirmed by Exhibit DM.10 dated
18th September, 1955, which is a letter from the National
Action Council of the Congress of the People to the Pro-
vinces, the Regions, stating that 50 copies of the first
series of lectures are meant to be studied by groups of
volunteers, and we invite your lordships' attention to
VM. 15, VM. 19, VM.20 and VM.21, - Xosa translation.
Ndw, my lords, apart from this your lordships
find that dealing now more specifically with the New
Brighton Branch of which this man was a member, copies
of the lectures were found also in the possession of
Mayekiso - copy of A .84 was found in his possession,.
Now, Mayekiso, my lords, was a member of the New Brighton
22125 MR. TRENGOVE
Branch; he was a member of the A .N ,C . Cape Executive;
he was chairman of the Ea-itern Cape Regional Committee
of the African National Congress, and in 1955/56 he was
chairman of the A .N .C . New Brighton.
A copy of A .84 was also found in the possession
of W.Mkwayi; he was Regional Volunteer-in-Chief, he was
Treasurer of the New Brighton Branch, he was Volunteer-in-
Chief of the Eastern Cape Region. A copy of the lecture
was also found in Mini's possession, to which I have al-
ready referred. He was Secretary of the Regional Action
Council of the Congress of the People.
Now your lordships will see that Nkalipi said
he received his copy of the lecture from the Regional
•^ction Council of the Congress of the People at New
Brighton, and he said Tshume was the Chairman of that
Council.
Now Tshume was also a member of the New Brighton
Branch, and my lords, he was secretary of the A .N .C . in
1956, and my lords, he was also a responsible official
in that area.
Now, my lords, I respectfully submit that
on that evidence alone, that this comes from the Regional
Action Council of the Congress of the People of which
all these New Brighton people were members, and were repre-
sented on the Executive; they had copies in their area.
The training )f volunteers was a vital and important
matter.
BEKKER J: Was this put to the accused?
M . TRENGOVE ; What, my lord?
BEKKER J; Why all these people should have it
and he knows nothing about it .
Collection: 1956 Treason Trial Collection number: AD1812
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