3251. (A.H. DU TOIT)

ABRAHAM H. DU TOIT, duly sworn; EXAMINED BY THE PROSECUTOR :

You are a Detective Head Constable in the South African Police, stationed at Newlands? Yes, my Lord. 5

On the 5th December, 1956, did you go to a certain address in Sophiatown? Yes, My Lord, it is

41 Bertha Street, Sophiatown. Do you know who resided at that address?

The Accused Robert Resha, My Lord. 10 Did you know him before that time? Yes,

I knew him. Did you find him at home that morning?

Yes, he was there, My Lord. Will you identify him please? (WITNESS 15

IDENTIFIES ROBERT RESHA AS ACCUSED NO.17). When you arrived there, where did you find

the Accused? My Lord, the Accused was still in bed. I woke him up.

And did you have a search warrant? Yes, 20 My Lord,

Did you inform the Accused of the purpose of your visit? Yes, My Lord.

And did you then conduct a search of this house? Yes, My Lord, 25

Was the Accused present while you conducted this search? The Accused was present all the time.

And did you seize certain documents? Yes, My Lord.

Will you look at the documents now before 30 you? R.R.30, 32, 33, 36, 37, 39, 40, 42, 44, 45, 47, 48, 49, 50, 52, 53, 54. Are those some of the documents

3252. (A.H. DU TOIT) (RR.30)

you seized there that day? Yes, My Lord. Did the Accused say anything about these

documents? He only claimed it as his, My Lord, Do you hand in these documents? Yes, My

Lord, My Lords, R.R.30 consists of a number of

dncuments. The first is a letter, written from the ad-dress P.O. Box 3206, Port Elizabeth, and it is dated the 29th October, 1955. It is typed. There are initials at the bottom of the letter "Yours for Afrika, J.M." -No, it is "Joe" - signature "Joe", My Lords. It is :

"Dear Son of Afrika,

Please find enclosed herewith a letter which was sent to me by the Youth Action Council dealing with some conference proposed to be held at Cairo in December. I know some of the organisers of this conference personally and "

it then continues, My Lord, and he says that he is for-warding these documents which he had received, to the person to whom the letter is addressed. The first letter is addressed to- from the Youth Action Committee, and it is dated the 24th October, 1955, and it is addressed to Mr. Joe Matthews, 31 Mendi Road, New Brighton, Port Elizabeth, and it is signed "P. Adams, for Essop Jassat, Secretary". It says :

"Dear Priend,

Enclosed please find copies of a circular re-ceived in South Africa which has been passed to the Youth Action Committee. We are sending it for your perusal. We would also like your com-ments , particularly on the agenda as on the ques-tion of South African participation".

3253. (A.H. DU TOIT) (RR. 30,) 32, 33, 36)

Then there is an envelope addressed to "Mr. R. Resha, 38, Market Street, Johannesburg.", and the Post mark "Port Elizabeth"

R.R.32, My Lords, is a circular "The situa-tion in Hungary", which is the same as B.261. R.R.33 5

is the "bulletin "Liberation. No. 21, September, 1956," and it will be dealt with under G.1114. R.R.36 is roneoed Minutes of the 2nd National Conference of the Federation of South African Women, Saturday, 11th August, 1956, and I read from page 1, My Lords, the first four 10 paragraphs - short paragraphs :-

"At 11.30 a.m. Mrs. Mary Randa took the chair and led the delegates singing freedom songs. Mrs. Randa appealed to every mother to listen carefully to listen to all the speeches, ahd then called on Mrs. 15 Lilian Ngoya, President of the African National Con-gress, Women's League, National Vice-President of the Federation of South African Women and Chairwoman of the Transvaal Region of the Federation, to open the Conference, 20

Official Opening : Greeting women in the name of the Federation,

Mrs. Ngoye said that the time for mourning had passed and the time for action had come. The Women's League of the African National Congress had grown 25 strong and not weaker, because of the work of the Federation which had brought all women of all races together in love and friendship. Through the Fe-deration women could establish links with women in other parts of Africa and in other parts of the 30 world, for our fight should be to uplift not only ourselves, but the whole African continent and to

r

3256. (A.H. DU TOIT) (R.R.36 )

obtain the support of women of the whole world." Then on page 2, My Lords, I read from the second para-

graph :-"Resolutions Committee :

The following were elected to the Resolutions 5

Committee, Mrs. Mji, Mrs. Lily Diedericks, Mrs. Fatima Seedat, Mrs, Elizabeth Mofakeng and Mrs. Helen Joseph. Credentials Committee :

The following were elected to the Credentials 10 Committee.. . . . "

I read the names of Miss Bertha Mashaba and Helen Joseph, "The chairwoman then called on Mrs. Frans Baard of Port Elizabeth to address the Conference on "Houses, comfort and security'. In the afternoon session 15 Mrs. Kathy White, National Vice-President and Acting National Bresident took the chair. The Secretary read greetings to the Conference from Father Trevor Huddleston, the South African Congress of Democrats, the African National Congress, South African Coloured 20 Peoples' Organisation, Hilda Watts„"

Then on page 3, My Lords, I read the fourth paragraph: "The chairwoman then called upon Miss Bertha Masha-ba of Germiston to address the Conference on the struggle against passes." 2|5

And on page 5, My Lords, there is a resolution dealing with passes and it says the resolution was seconded by Miss Bertha Mashaba and was adopted unanimously, and it was proposed by the Transvaal Regional Secretary. Then I read one paragraph from page 5, My Lords. 30

"The establishment and development of the Federa-tion had reached different levels in the regions and

(BELT 451) 3255. (A.H. DU TOIT) (R.R.3S, 37)

machinery of affiliation had "been slow as organisa-tions have hesitated to see how the Federation de-veloped. The following organisations already af-fialiated : "South African Coloured Peoples Organi-sation, The African Congress of Democrats, The Afri- 5 can National Congress Women's League, Food and Can-ning Workers Union."

Then I turn to page 9, My Lords : There is a paragraph marked "12. General : it says :-

Mrs. Joseph proposed, seconded "by Mrs. M. Resha, 10 that the draft constitiiion, as amended, "by adopted. Agreed unanimously. "

Then : "Conference decided that the Headquarters of the Federation until the next national conference should 15 "be in Johannesburg. Election of Office bearers;

The National President, Mrs. Lilian Ngoye, Na-tional Treasurer - Mrs. R. Moosa, General Secretary - Mrs. Helen Joseph, and National Vice-Presidents - "26 amongst others is Fatima Seedat, National Executive Committee - Miss Bertha Mashaba, Mrs. Francis Baard "

R.R.37, My Lords, is a typed document. There is a por-tion in manuscript, My Lords, and a portion typed. I read page 1. It says :

"Conference :

This is considered very necessary in view of the fact that there is an ultra-nationalistic ele-ment in Congress which uses African nationalism to sever relations and co-operation with other 3Q groups. Resolutions and directives that will emerge from Conference are therefore expected to

3256. (A.H. DU TOIT) (R.R.37 )

"be on these issues."

Then on page 2 : "The main discussion on the conference will natural ly centre around the campaigns against the Pass Laws, Group Areas, which will include other removal schemes, and the restrictions imposed on the Trade Union movement. The Urban Areas Act, which debar Africans from trading in non-African Areas, which has resulted in chasing business and professional men from many branches in their "

It seems to have stopped here. Page 3 reads as follows "Many branches in their reports have quoted the case of the young Advocate, Mr. Duma Nokwe, Assis-tant General Secretary of the A.N.C., who has been told by the Native Affairs Department to find offices in the African Residential Areas, and the cases of Mr. V.V.T. Nbobo and Dr. R.R. Mahlangeni, both of East London, who have been forced by the City Council to go and open their offices and con-sulting rooms in the location."

Then it says : "Another matter which will come up for discussion is the freedom charter which was adopted at the Orlando special conference this year. Controversy might arise from the fact that the freedom charter necessitates further clarification of Congress policy as reflected in the African claims and the programme of action of 1949. Africans claims de-% mand that Congress be admitted in all Councils of State, the rights which are presently enjoyed ex-clusively by Europeans, whereas the freedom charter demands the creation of a new democratic society

3257. U.H. DU TOIT) (R.R.37 , 39)

"based on the will of the majority of the people. In the 1949 programme of action there are two parts which will require elucidation. The first is the boycott question. This matter has always been a controversial issue in Congress conferences since 5

1949. There are many in the Congress leadership who feel that the tactic of boycott must now be changed."

On page 4, My Lords :

"With the Annual conference of the African Na- 10 tional Congress taking place at Queenstown on December 15, 16 and 17, the rank and file of the Congress membership and the masses of the African people are waiting anxiously to get guidance on the various issues that are affecting the African peoplei5

1

today." Then I turn to page 7, My Lords ; BY MR. JUSTICE RUMPFF :

What did you read that for - this last para-graph? 20 BY THE PROSECUTOR :

My Lords, I have read it more to indicate for what purpose this document seems to have been prepared, because it refers to the annual conference in Queenstown on December 15, 16, 17 - the coming annual conference. 25 You get more or less a date, as it is undated - that is the purpose.

The next document, My Lords, is R.R.39. The first letter, My Lords, has been read by the Defence. I am sorry I could not trace the number, My Lords. It is a letter from the Transvaal Consultative Committee, dated the 29th November, 1956, addres-ed to The Secretary

3256. (A.H. DU TOIT) (R.R.39 )

of the National Consultative Committee, Johannesburg,

and dealing with the appointment of Mr. R. Resha as

chief volunteer.

BY MR, JUSTICE RUMPFF :

Is that the letter in which the writer wanted 5

clarity whether it is Union, or Provincial?

BY THE PROSECUTOR :

That is right, My Lord.

BY MR. JUSTICE RUMPFF :

Yes, I remember there is such a letter. 10

BY THE PROSECUTOR :

It was read by the Defence, My Lord. Now,

that letter is dated the 29th November, 1956. Then

there is a copy of a letter or letters, dated the 3rd

December, 1956, from the National Consultative Committee, 15

addressed to the Secretary, Transvaal Consultative Com-

mittee, and it reads

"Dear Sir, We wish to acknowledge receipt of

your letter dated 39th November, 1956. Your letter

will be placed before the meeting of the N.C.C. 20

taking place on Thursday, 6th December, 1956.

Yours in the struggle. (Signed) R. Resha, for

Secretariat."

Then there is a copy of another letter, My Lords. It is

undated :- 25

"Dear Friend, Further to your letter of the 29th

November, 1956, we wish to point out that it has

not been easy to understand your letter. Firstly

because we have repeatedly explained that the po-

sition of the N.C.C. is co-ordination and that 30

all matters of policy are matters for the respec-

tive national organisation.s

3259. (A.H. DU TOIT) (R.R.39,40,42,44,45)

The question of volunteers in particular has al-ways "been a matter which is in the control of the respective national organisations. We would have thought by now this matter is well known by the Transvaal Consultative Committee. 5

The A.N.C. members who are serving in the N.C.C. have no knowledge of having been approached by your T.C.C. or any one else on this matter, although you say that the constituent organisations have no in-formation about it. 10

We therefore suggest that you should communicate with the A.N.C. We are accordingly sending a copy of your letter to the National Working Committee of the African National Congress. Yours in the struggle." - Unsigned. 15

R.R.40, is a letter from "New Age", Indepen-dent weekly, dated the 15th April 1956, and it is ad-dressed to whom it may concern :

"This is to certify that Mr. Robert Resha is re-porting for the above publication. Please give him 20 every assistance"

and it is signed "Ruth First. Johannesburg Editor."

R.R.42, is a document "one million signatures for the Freedom Charter", which is the same as A.2, My Lords, except that there appear 15 signatures on this ^ list.

R.R.44, My Lords, is a bulletin "Counter Attack", South African Congress of Democrats, November, 1956, and it is the same as C.1017. R.R.45 is an

30 envelope addressed to Mr. Robert Resha, National Con-sultative Committee, Johannesburg, and the second do-cument is "Minutes of the Transvaal Consultative Committee

3260. (A.H. DU TOIT) (R.R.45 , 47)

Meeting held on the 6th August, 1956." That envelope attached to the document - can you tell the Court why that envelope is attached to the document? That do-cument was in the envelope when I seized it, My Lord.

I only read from these Minutes, My Lord, that 5 there were present s "A.N.C. 1, T.I.C. 2, S.A.C.P.O. 1, COD. 2, S.A.C.T.U. 2". Then I also read from the para-graph "WOMEN", My Lords, sub-paragraph (2) :-

"That we issue 10,000 leaflets telling the demon-strators that the fight against passes does not 10 end inPretoria."

And then there is a paragraph dealing with Volunteers : "No reports were available, except 5 COD volunteers will be meeting soon."

The next, R.R.47, My Lords, is a typed docu- 1 5

ment, undated, unsigned, on each page there are two co-lumns, and I read from column 1 on page 1

"The Nationalist Government is now intensifying its police terrorism and ruthless persecution to a degree unprecedented in the history of our country. 20 The intensification of the man hunt in the form of police raids under the pretext of searching for 'won't works', is in reality intended to break the resis-tance of the Africans, unwarranted Police surveil-lance and interference. Since the Nationalists 25 came into power, they have introduced and used every law to persecute, muzzle and intimidate mem-bers of the African National Congress, who have at all times expressed the legitimate aspirations of the people, and have also been the champions of 30 racial harmony, security and prosperity in South Africa. Failing to achieve their aims of destroying

3256. (A.H. DU TOIT) (R.R.11 )

and weakening the movement by arresting the leader-ship under the Suppression of Communism Act, pro-scribing, banning and deporting them, the Nationa-lists have taken one step further on their path of reaction, and are now sending police to arrest Con- 5 gress leaders in their homes underSectifen 10 of the Urban Areas Act, The singling out of Congress lea-ders, apart from being a dispicable form of political prosecution, is also designed to provoke the people in order to give the police an excuse for assaulting 10 and shooting them. The African National Congress with unflinching conviction that the masses of the people will ultimately be free from atrocities of the National Government, condemns the unwarranted persecution unleashed by the Government. It calls 15 upon all the true leaders of the people, be they in church of parliament , to protest against the inten-sification of political persecution which today is directed against Congress leaders, and if left un-challenged, will certainly in future, be directed 20 against all those who oppose the government."

Then from the second column, My Lords, I read the third paragraph ;-

"Verwoerd told Parliament and the country, when he set up the Bantu Education Scheme, that Africans 25 would be given the opportunity to run their own schools. He might as well have said that any one can become boss of a concentration camp, or his own prison cell. School Boards are told who to dismiss from the school and they dare not refuse. They can 30 appoint teachers, but such teachers must in theses of the Department, have certificates of good health."

3262. (A.H. DU TOIT) (R.R.47, 48,49,50,52)

Then on page 3, My Lords - page 2 appears to "be a dupli-cate of page 1 - page 3* I read the last portion :-

"Scared Stiff : The situation has assumed ugly proportions today.

Teachers are scared to talk to anybody except to 5 their closest friends about education of politics, ^his winter the Transvaal Teachers' Association is celebrating its golden jubilee in grand style at Kilnerton Institution. The Transvaal, Natal and O.F.S. are teamed with School Boards who are pre- 10 pared to serve - with School Boards and stooges who are prepared to serve on them and do exactly what Verwoerd want them to do. They bluff them-selves by thinking and saying "

I won't read anything further, My Lords. 1 5

R.R.48 is a South African Society For Peace and Friendship with the Soviet Union bulletin, April, 1956, and it is the same as N.R.M.46. R.R.49 is a special supplement "Why is the cult of the individual alien to the spirit of Marxism-leninism", and it is the 20 same as N.R.M.44. R.R.50, bulletin "Liberation. No. 12, September, 1955", and it was dealt with under G. 1114. R.R.52 is a typed document, "Statement by the Provincial Executive of A.N.C.YL. Transvaal"

"The views expressed in the Article contained 25 in the 'Bantu World of Saturday 1st May, under the title, 'Leballo calls for A.N.C. Purge1, are a denunciation of the policy and leadership of the A.N.C. and A.N.C.Y.L.

The allegation, that the members of the A.N.C. 30 who attended the IVth World Festival of Youth and Students for Peace and Friendship, and who visited

3256. (A.H. DU TOIT) (R.R.13 )

the Soviet Union and People's Republic of China are 'Eastern Functionaries' is false. This ma-licious allegation, is extremely dangerous to the liberatory movement as it is calculated to arm the Government with an excuse to single out and pro- 5 scribe leaders under the pretext of Suppressing Communists and Communist Agents.

The rabid Chauvinism which Mr. Potlake Leballo labels 'African Nationalism' and 'Pure Africanism1

is a negation of the sane and progressive African o Nationalism which is the policy of the A.N.C. so clearly enunciated by the President-General at the 41st annual Conference of the A.N.C. Chief Albert Luthuli said, 'some of us hope and believe that African Nationalism shall remain broad, democratic 15 and progressive in keeping with the declared policy of the A.N.C.'

The declared policy of the African National Con-gress towards other people andorganisations in South Africa, and the rest of the world flows directly 20 from this 'broad, democratic and progressive African Nationalism' Chief Luthuli said, 'Our interest in Freedom is not confined to ourselves only. We are interested in the liberation of all oppressed people in the whole of Africa, and in the world as 25 a whole.' This accounts for our taking an active part in the Pan African Conference Movement. Our active interest in the extension of freedom to all people denied it makes us ally ourselves with FREEDOM FORCES IN THE WORLD.' 30

The Policy of the A.N.C. towards other organisa-tions was also clearly stated by=the President-

3264. (A.H. DU TOIT) (R.R.52 )

General; 'We maintain the policy of working with other National organisation accepting our objectives and programme. In this connection I must specially mention, the most active and effective cooperation between us and the South African Indian Congress.' 5

Our general stand is that we are prepared to co-operate fully on the basis of equality with any National political party or organisation provided we share common objectives and common methods of achieving our ends. The co-operation would always 10 be on the basis of equality and mutual respect, for the individual identity of our organisations.'

The President-General gave a clear warning to Chauvinists and isolationists by saying that, 'In general we should not give respite to the govern- 15 ment and those who support it by indulging in a dog-fight with pther groups, provided of course, those groups by word and deed do not stand in our way.1

In discussing the growth of liberatory movement among non-Whites, the President-General said of the 20 South African Indian Congress, which Mr. Leballo con-demned as a 'self interested' organisation, 'It is well for us to note that the A.N.C, and s S.A.I.C,, whilst retaining their full identity as national organisations in their own communities respectively 25 are no longer isolated organisations but together with other national organisations that may come in are partners in our liberatory movements, whose ob-ject is to awaken the political consciousness of the non-White and White masses and to get the present 30 rulers in the Union to accept the Non-whites on the basis of equality and no other, and to extend to them

3264. (A.H. DU TOIT) (R.R.52 )

full democratic rights soas to enable them to share in the Government,'

The struggles of the A.N.C. have been conducted on the basis of this policy and it has been proved to be correct and in the interests of the Libera- 5 tory Movement in South Africa. In appraising the defiance campaign the President-General said,

'It (the Defiance campaign) accelerated greatly the political consciousness of the people. It gave them a new feeling of courage and confidence in 10

themselves as a people. But even more profound it forcefully brought them a new awareness of the potency of UNITED and CO-OPERATIVE ACTIONS among all oppressed people irrespective of colour or class.' 15

The resolution of conference which envisages a convention of the PEOPLES OP SOUTH AFRICA which will be convened by the efforts of the A.N.C,, S.A.I.C., Congress of Democrats, Coloured Peoples Organisa-tion, and other democratic organisations, to work 20 out a Freedom Charter for all peoples and groups in the country is a further indication of the con-crete translation of the policy of the A.N.C.

The experience of the liberatory movement in South Africa teaches us that the growth of unity between 25 all democratic forces is necessary and in the in-terests of the liberatioh of the people. The A.N.C . accepts this experience and formulates its policy on it. The President-General said in his call at Conference : 30

'I call upon all Africans who truly desire to see these disabilities removed to join the A.N.C.

3264. (A.H. DU TOIT) (R.R.52 )

to fight in the comradeship of other oppressed people for the attainment of freedom which is the main key to the removal of man imposed disabilities,

Mr. Leballo rejects the rich experience of the liberatory movement, denounces the policy of Con- 5 gress, despises the President-General's call and makes a counter-call the 'halt' the growth of unity and so weaken the liberatory movement.

The South African Peace Council is an organisa-tion which supports and assists in the struggle 10 for world Peace and national independence.

On the question of World Peace the President-General said, 'Africa likes to enjoy peace and prosperity and freedom and would like to ally itself with forces of peace and freedom and so does not likel5 to be made a war zone in any war that warmongers may plunge the world in. It is in the interest of the Liberatory Movement to unite with all the forces of peace throughout the world.'

The African National Congress leads the libera- 20 tory movement in South Africa, and the A.N.C.Y.L. accepts the leadership of the A.N.C. without reser-vations. The task of the A.N.C.Y.L. is to mobilise and educate the youth in order that they should par-ticipate in the struggle as lead by the A.N.C. 25

The A.N.C.Y.L. at its annual conference held at Johannesburg in 1953, adopted a resolution which directed the National Executive to affiliate to progressive International Organisations, the Na-

30 tional Executive accordingly affiliated to the World Federation of Democratic Youth,=one of whose activities is the organisation of Youth

3267. JA-H.OT TOIT)

Festivals to develop mutual understanding and re-spect amongst the youth of the world. The youth festivals which have "been organised in the Transvaal and other provinces are supported "by the Youth League and other democratic youth organisations. The success of these festivals strengthen the Youth Organisations, consolidate the unity among the youth of different colours, and is in direct defiance to Malan's Apartheid Policy. Criticism and self-criticism is an indispensable principle in any liberatory movement. But all criticism which is in the interests of the organisation must be based on facts and must be discussed in a proper member's meeting. Groundless statements such as those made at Mr, Leballo's Youth League Public meeting are nothing but malicious slander which is intended to wreck rather than build the organisation. The groundless and unashamed slander of the Provincial Executive of the A.N.C., Tvl., is an indication of the utmost lack of discipline, respect and allegiance to the A.N.C.

Mr. Leballo's Y0uth League Public meeting should have resulted in mobilising the youth and educating the youth to follow the leadership of Congress and to encourage them to participate in Youth Activities, Instead, he propounded an African Nationalism which is reminiscent of the National Minded-bloc, Supreme Council and Bantu National Congress. This type of nationalism is the breeding ground of fascism and will find ready support from the fascist government and none from the A.N.C."

3256. (A.H. DU TOIT) (R.R.18 )

R.R.53, My Lords, is a number of documents all dealing with the Youth Action Committee. The first is a letter from this Committee, dated the 2nd September, 1954. It is addressed to "The National Secretary, Afri-can National Congress Youth League, Johannesburg", and it ie signed "A.M. Kathrada, Secretary, Youth Action Commit-tee". It says :

"Herewith a brief report of the meeting of the Youth Action Committee held in Johannesburg on the 25th August, 1954."

Then it gives the attendance. It says : "Delegates attended from the African National

Congress Youth League; South African Indian Youth Con-gress; Congress of Democrats (Youth Branch); Students Liberal Association and an observer from the Modern Youth Society, of Cape Town. It says the Committee accepted unanimously the rules and regulations, which are enclosed with til is letter. Then it says :

"OFFICIALS. The following officials of the Youth Action

Committee were elected : President (and above that is written in ink 'Chairman') - Robert Resha. Secretary - A.M. Kathrada; Treasurer - H. Wolpe."

Then :

"FUTURE PLANS : "Mr. Wolpe, on behalf of his sub-cimmittee

presented a comprehensive plan of the future ac-tivities of the Committeee. A resume of the plan is enclosed for discussion, amendment and future suggestions by your organisation."

Then it says, under "W.F.D.Y. REPRESENTATIVE" : "Under section e of the Youth Conference proposals

3268.a. (A.M. DU TOIT) (R.R.53)

you will notice the suggestion to invite a represen-tative from the W.F.D.Y, to tour South Africa. It was felt "by the meeting that as we will have to give the W.F.D.Y. sufficient time to make prepara-tions, that an official invitation "be extended im- 5

mediately. This has already been done. We hope,."

Then, YOUTH CONFERENCE PROPOSALS, is the second document. I read from this "Youth Conference Proposals", paragraph

3bo First paragraph 2 : "SLOGANS. 10

In order to attract the widest sections of the youth it is suggested that the conferences should be organised around three points : Education - including the Bantu Education Act. Recreation, and Employment. 15

In each region the organising of the conference must be linked with the specific local problems which may be relevant."

Then 3b, under "ORGANISING THE CONFERENCES" :-Member organisations should be asked to instruct 20

their provincial bodies to constitute joint com-mittees, including other organisations, for the pur-pose of organising the conferences. Such commit-tees should wherever possible continue to exist as permanent co-ordinating committees after the oon- 2$ ference."

Then it says : •s

"It is suggested that the following organisations in each area should form the basis of the confe-rence organising committees :- 30 Transvaal: T.I.Y.C., A.N.C.Y.L., C.O.D. (Youth Section), S.L.A., High School Committee,

3264. (A.H. DU TOIT) (R.R.52 )

Durban: N.I.Y.C., A.N.C.Y.L., UNNE. Eastern Province: A.N.C.Y.L., Port Hare. Cape Town: A.N.C.Y.L., M.Y.S."

Then, page 4, the paragraph marked D. : "MEETINGS. 5

Meetings to popularise the conferences must be held on a large scale. These meetings must be or-ganised in a youthful way and must include singing, dancing, gay banners, bands as well as speeches. Such meetings should be held in the schools among 10 the pupils, with the members of the sports clubs and teams, with the members of cultural clubs and in the areas where the youth live.

Such meetings must serve the purpose not only of popularising the conference but must provide the 15 opportunity of establishing a permanent organisa-tion among the youth. Thus the pupils at the schools must be asked to elect at their meeting a conference organising committee which could after-wards serve as the basis for an organisation in the 2o schools. Similarly at the meetings in the areas not only must the conference be discussed but a conference organising committee elected. Such a committee could serve as the basis for future A.N.C.Y.L. or I.Y.C. branches etc as the case may 25 be.

And E. W.F.D.Y. REPRESENTATIVE. : "It is suggested that this would be an opportune

time to invite a representative of the W.P.D.Y. to visit our country and tour each of the provinces 30 thus helping both the preparation for the confe-rences as well as having discussions on the general

3270. (A.H. DU TOIT) (R.R.53)

problems of youth work."

Page 5 : "P. PRACTICAL PROJECTS.

The preparations for the conference should be used as the opportunity for conducting campaigns on the three aspects of youth demands. Por example, meetings, petitions or demonstrations could be or-ganised regarding the need for a sportsfield in an area. A deputation "

"Also such a campaign could be run on the need 1 for youth club houses and these could actually be established and serve as the headquarters of the youth organisation in the area," WHAT THE CONFERENCE CAN ACHIEVE : a. It can lay the basis for the preparatory work 1 among the youth in regard to the Congress of the People. b. It can provide the basis for permanent youth co-ordinating committees in a number of centres.

p C. It can provide the basis for the establishment of youth clubs aa branches of the youth organisations and can thus help build the youth movement, d. It can show the path toward the correct type of youth work."

Then follows, My Lord, "Constitution" "Youth Action Committee". I read paragraph 2a."OBJECTS"

"To provide the basis for permanent co-operation between the youth organisations mentioned in section a. of the Membership clause, b. To initiate, with the agreement of member ~ organisations, practical youth activities such as festivals, conferences and other activities

3271 U.H. DU TOIT) (R.R.53)

designed to build up the youth movements, c. To maintain contact and co-operation with the W.F.D.Y. on "behalf of the affiliated organisations and the youth of South Africa."

Paragraph 3 is the Membership :-

a. The Youth Action Committee shall be composed of representatives from the following organisations :

African National Congress Youth League. South African Indian Youth Congress. South African Congress of Democrats (Youth Section).

b. For the purpose of relations with the WFDY only representatives from organisations affiliated to WFDY and not members of the Committee shall be invited to sit on the committee as full voting mem-bers . c. The Committee shall have the power to invite onther organisations to send observers to its meetings whenever the committee regards this as desirable."

And then there is in ink, written in "Unanimously agreed to do so."

Then the next document - or part of this docu-ment, a letter dated 29th September, it appears to be 1954, from the National Secretary, Westcliff, Orlando, addressed to theSecretary, Youth Action Committee, 4 Kort Street, Johannesburg, and in this letter the draft constitution, or the constitution, is discussed. It says :

"Dear Sir, The Working Committeee of the A.N.C. Youth League has instructed me to forward to you its amendments and recommendations to the proposed constitution of the Youth Action Committee, and

3272. (A.H. DU TOIT) (R.R.53 )

the other proposals contained in your letter. The proposals for 'Youth Conferences' have with

regret "been rejected "by the Working Committee of the A.N.C.Y.L. for the following reasons

(a) The National Executive of the A.N.C.Y.L. has 5 no mandate to approve of plans emanating directly from the ^outh Action Committee. (b) The Executive Committee, however, can consider and approve of plans which have been submitted to the Youth Action Committee by any one of the Na- 10 tional Executives or Organisations which are mem-bers of the Committee.

Consistent with (b) above, the A.N.C.Y.L. has instructed me to submit to your Committee, a plan for the Campaign Against 'Bantu Education' which 15

Y has been addpted by the outh League and Women Section of the A.N.C. I enclose herewith copies of the plan for the member Organisations. The Working Committee would be obliged if you would arrange a meeting at the earliest possible time in 20 which the other Youth Organisations would discuss the plan with the view of proposing their roles in the campaign and also suggesting supplementary proposals to the Youth League plan."

Then it deals with the Constitution ; 25 "THE OBJECTS CLAUSE.

The A.N.C.Y.L. Working Committee considers that the primary function of the Youth Action Committee is that contained in Section (c) of the objects clause. "To maintain contact and 30 co-operation with the W.F.D.Y. on behalf of the affiliated Organisations.' It is suggested

^273 (A.H. DU TOIT) J (R.H.53)

that clause (c) should become clause (a) of the amended constitution."

Then "Clause 2(a) : "The Working Committee does not feel that clause

(a) is a correct expression of the function of the 5 Youth Action Committee. Firstly , the words 'perma-nent' in the clause is misleading, and unduly fet-ters the Youth Organisations toa devise which might be radically changed, if the conditions change. Further, it is the opinion of the Working Committee 10 that theissue which faces our Youth Organisations is not the question of co-operation, but the co-ordination of our Youth activities, and the Working Committee believes that the Youth Action Committee can fulfil the function of co-ordinating Youth Ac- 15 tiviiies 1o the advantage of Youth organisations and the concrete advancement of co-operation be-tween the Youth of our country. Clause (b) to be amended, therefore, to read as follows : "To be a basis for the co-ordination of 20 Youth activities, which will from time to time be specifically delegated totthed@&mmittse.by the Youth Organisations referred to in section (a) of the membership clause'".

Then, it ends off :- 25

"The National Working Committee reiterates its belief that the Youth Action Committee can be an instrument for the improvement of Youth work, and will also put the relationship and co-operation of your Youth Organisations on a more rational basis." 30

And it is signed by Duma Nokwe (typed in),"National Se-cretary A.N.C„ Youth League."

3264. (A.H. DU TOIT) (R.R.52 )

Then there is another document attached, My Lords, "Report of the Youth Action Council Sub-Committee of Methods for initiating and Organising a Progressive Youth Movement in South Africa - A Co-ordination of Schemes presented to YAC by member Organisations." I am not reading this, My Lords, as it seems to be the start of this Youth Action Committee.

R.R.54, is a typed document : "MESSAGE". It is unsigned and undated s-

"The oppressed and democracy-loving people of South Africa extend their warm congratulations on the oc-casion of the sixth anniversary of the National Day of China. We are deeply appreciative of the sym-pathy and support that has been consistently shown by the leaders of the Chinese peoples Republic to-wards the people of our country in their bitter struggles against racial discrimination and minori-ty domination. We, who are today suffering under an unprecedented wave of police raids and repres-sion, greet your great country with cordial sin-cerity. We rejoice with you in the celebration of your liberation, and express our heartful heart-felt hopes that you will advance with great strides towards new achievements, strengthening the well-being of the Chinese people, and continuing the splendid contribution of your country towards world peace and friendly co-existence of all nations of whatever political and economic structure. Being convinced that your country is a bulwark against imperialism in Asia and throughout the world, we greet your progress as our own. From A.N.C., S.A.I.C., S.A.C.O.D. and S.A.C.P.O."

3275. (j.C. BROODRYK)

NO FURTHER QUESTIONS. DEFENCE REQUEST THAT WITNESS STAND DOWN. WITNESS STANDS DOWN.

JOHANNES CHRISTOFFEI BROODRYK, duly sworn; EXAMINED BY THE PROSECUTOR :

You are a Detective Sergeant, South African Police, stationed at Bezuidenhout Valley? That is right, My Lord. 10

On the 5th December, 1956 did you go to a certain address in Sophiatown? Yes, No. 61 Toby Street, Sophiatown, Johannesburg.

Is this a dwelling house? Yes, My Lord, it

is* 15

Do you know whose house it is? I don't know the name, but I went to a certain room.

You went to a certain room in the house? Yes, My Lord, in the back-yard..

And who lived in that room? Peter Nthithe, 20 one of the Accused.

Was he an Accused at the Preparatory Exami-nation? That is so, My Lord.

Did you know him before that day? No, I didn't. 25

Did you arrest him that day? I did. Did you have a warrant to conduct a search

on his premises? That is so, My Lord. Was the Accused present when you arrived

there? He was present, My Lord. 30 And while you conducted your ssarch, did he

remain present? Yes, My Lord.

3279. (J.C. BROODRYK) (P.P.N.30,31,32,33,34,35)

And did you seize certain documents there? That is correct, My Lord. BY MR. JUSTICE BEKKER s

Where? In his room, My Lord. EXAMINATION BY THE PROSECUTOR RESUMED : 5

You say this was a room in the back-yard? Yes, that is correct.

A single room? A single room. Will you have a look at the documents before

you. P.P.N.27, 28, 29, 30, 31, 32, 33, 34, 35, 36? 10 Yes, My Lord.

Are those documents which you seized there in the room of Nthithe that morning? That is correct.

In his presence? Yes, My Lord. Did he say anything about these documents?

He had claimed it as his property, My Lord.

P.P.N.27, My Lords, is a document, typed do-cument, "NEARER TO FREEDOM", and there is a name typed in "P. Merementsi Lekoto". The document reads :

"It is clear to every observant person in this 20 country that there is a tense of uneasiness in the air, and in the minds of every right-thinking South African citizen.

This tense of uneasiness is the result of a dee-parate need for security, peace and comfort in 25 South Africa. People of all races - Blacks, Whites, Indians and Coloureds alike are in a desparate need for a peaceful Africa.

The coloured people today are faced with clas-sification, which places them in a very uncomfor- 30 table position. The Indian people are today vic-tims of the Group Areas Act - because of this Act

3279. (J.C. BROODRYK) (P.P.N.30,31,32,33,34,35)

- because of this Act there is no security, no com-fort among the Indian community. Under the pass laws the African people are counted in thousands be-hind bars, and some are finally lying in shallow un-known graves in the distant farms of Bethal and Rus- 5 tenburg. Who say the white Democrats are at home with the Senate Act? There is, in South Africa, injustice, lawlessness, restlessness, insecurity and fear. The voice is one 'Peaceful South Africa'. Then the question arises as to why then are the peo-10 pie not freed? Why don't they get their freedom? The reason, friends, is not far to fetch, it is even clearer. It is because the Youth of these races, particularly the African Youth, who are due to purchase Freedom for their people have not yet 15 paid even the first instalment for Freedom.

There is a need, most immediately, for an orga-nised Youth, a kind of Youth who will work most sin-cerely and systematically, a kind of a Youth who when instructed to be at a particular sport on a 20 certain day at a certain hour for a special purpose would fulfil these instructions at all events in a most solemn manner. There is an Urgent need for a kind of Youth who speak least but work immensely -a heroic patriotic Youth for hard work - the WORK 25 OF ORGANISING the Masses of the African people, a Youth who Vvould do and die, and not ask the question why?' When this is happening we can boast of

sincere organised and diciplined Youth and with Sincerity and dicipline we pay instalment No. 1 30 for freedom.

The time is long overdue when we should habere

3279. (J.C. BROODRYK) (P.P.N.30,31,32,33,34,35)

become practical Youth Leaguers - boys and girls who would always be on the beat - soldiers of the struggle. The time has come when Youth Leaguers of various races, especially of African Political Organisations, should have come together in a Fede- 5 ration and form the country's vanguard - a United Front. When this face of the struggle come we shall proudly say 'The football team is in the ground1, and unity has come, and with unity we pay instalment No. 2 for Freedom. And to the Nationalist Party 10 we shall safely say 'Julie moet vas keer' for the White supremacy is at the Mercy of the Youth Leauge.

At this stage we shall convice the advocates of oppression that it is the right and duty of the in-dividual to uphold his natural dignity and integrity 15 in the face of the institutions and beliefs that seek to enslave him. We will teach the Nationalist Party that the African people, like any other people, have conscience and that it is the right and duty of the South African people to obey the dictates of th£ir 20 conscience and not the dictates of the state that does not represent their interest. FREEDOM IS NEARER."

P.P.N.28 is the Report of the N.C.C. presented to the Joint Executives, and this is the same as C.975. 25 P.P.N.29 is Minutes of the A.N.C.Y.L., dated the 6th August - the year is not stated. It says :

"Present: Messrs. Tshabalala, Modise, Nthithe. Absent: Mr. Makgothi."

Then P.P.N.30 is a booklet "Speech by M.A. 30 Suslov, member of the Presidium of theCentral Committee of the C.P.S.U., at the 20th Congress of the Communist

3279. (J.C. BROODRYK) (P.P.N.30,31,32,33,34,35)

Party of the Soviet Union, February 16th, 1956." BY MR. JUSTICE BEKKER :

Are you putting this in for possession only? BY THE PROSECUTOR s

For possession only, My Lord. 5

P.P.N.31 is a speech by G.N. Malenkov at the same Congress, and P.P.N.32 is a speech by A. Nikojan at the same Congress, P.P.N.33 is a speech by D.T. Shepilov at the same Congress, and P.P.N.34 is a speech by V.M. Molotov at the same Congress. 10 BY MR. JUSTICE BEKKER :

What are these figures here on this list you handed in - 1, 1...? BY THE PROSECUTOR :

My Lord, that is in Schedule 4, the column 15 - column 1, Schedule 4.

P.P.N.35 is "Executive Report to the General Annual Meeting of the African National Congress Youth League Sophiatown Branch held on the 2nd August 1956." It is in manuscript. It says :- 20

"AFRIKAJ , AFRIKAJ AFRIKA Sons and Daughters of Afrika, before delivering

the Annual Report of the ANCYL (Sophiatown Branch) on behalf of the Executive Committee, I wish to thank you all for the interest you have shown in 25 assembling here at this hour of the day. I wish to thank you for the consistant active part you have played in this protracted struggle for li-beration from White Domination, thus keeping the liberatory movement unique and enabling this re- ^0 port over the sequence of strenuous periods of hardships and sacrifices not less than a year.

3279. (J.C. BROODRYK) (P.P.N.30,31,32,33,34,35)

At this moment I want to put a light in the Youth that has assembled here, that one of the main aims of the C.Y.L. is 'to assist, support and reinforce the A.N.C. in its struggle for National Liberation of the African People.1 5

We must make note of the major factor being the desire for Freedom that embraces not only we of Sophiatown but mainly the majority of the people of the Afiican nation of South Africa. This desire captures a man as an individual and calls for his 10 love for his family, his love for his people, his lftve for his country and finally deposits the man on organizational level thus the liberatory move-ment. It is precisely this love that must be spread and practised among our people so that the libera- 15 tory movement can gain momentum and win Freedom in our lifetime.

We, the Youth, have many years to live under the hardships that are being imposed upon us daily by the Govt, of White Domination, and if we do not 20 play our part in the struggle for liberation, we leave the future of our people and our country to the despotic rule of White Domination. We have age advantage, the strength and knowledge ad-vantage let us construe our love for the Black 25 nation by playing our part in the struggle.

But how strong are we from the blows we have suffered in the past year? Whilst our struggle does not begin with the 'Native Resettlement Act' which meaas the robbing of the Africans of their 30 homes, our last term begins with the battle against the complete mental enslavement of the African,

3279. (J.C. BROODRYK) (P.P.N.30,31,32,33,34,35)

i.e. 'Bantu Education Act.' Friends, earlier, I had said one of our main

aims is to assist, support and reinforce the ANC in its struggle for National liberation of the African people. We are the Vanguard of the ANC. 5 When the ANC takes a decision we the CYL are by no means exempted from that decision.

In Dec. 1954-, the ANC National Conference met at Durban, Natal, and took a decision to boycott Bantu Education by withdrawing children from school^LO and, of course, this action calls for the direct par-ticipation of the youth.

An Ant-Bantu Education Committee was formed to campaign against the Verwoerd measure, School-children were organised to stage an Anti-Bantu 15 Education Demonstration. Boycott started and people were active in pickets but were later victi-mised by the Police and charged for public distur-bance. These, the A.N.C. cared for. Immediately after the beginning of the boycott hundreds of chil-20 dren were expelled from school for participating in the boycott."

I leave out the next two paragraphs - paragraph and a half :-

"Then we were called upon to make the COP assem- 25 bly a success. Thousands of demands were collec-ted and hundreds delegates were organised for this mighty COP assembly that was held at Kliptown, Johannesburg. Here, too, the Youth was called upon to play its part. But while doing this 30 task, we forgot the CYL organizational aspect. We only confined ourselves to the duty of campaigning

(BELT 453) 3282. (J.C. BROODRYK) (P.P.N.35 , 36)

for the COP assembly." BY MR. JUSTICE RUMPFF :

Why did you read that portion? What they failed to do. Really there seems to be such a lot of stuff in that you have read that you could have summa- 5 rised so easily - in a few words. Go on, Mr. Terblanche, let us finish this list.' BY THE PROSECUTOR :

It deals further, My Lords, with the work of the Youth inthe organisation and further with how they 10 are suppressed by the Permit system in Sophiatown, and it then says that

"Let us pledge ourselves more determinedly to strive hand in hand for the liberation of our peo-by leaving no stone unturned in our Locality. Time 15 and history is in favour of us therefore let us not surrender.

We have confidence in the Leadership of the A.N.C. (Soph.)"

The next document, My Lords, is P.P.N.36. It 20 is a letter from the African National Congress Youth League, Transvaal, dated the 30th October, 1956, and it is signed by "Yours in the struggle, Y. Putini." NO FURTHER QUESTIONS. BY MR. JUSTICE RUMPFF : 25

Do you want the witness to stand down? BY MR. FISCHER :

Yes please, My Lord. WITNESS STANDS DOWN FOR CROSS-EXAMINATION.

THE COURT ADJOURNS FOR TEA.

(BELT 454) 3283. (P.J.J. MEYER)

PHILIPPUS JACOBUS JOHANNES MEYER, duly sworn; BY MR. JUSTICE RUMPPP ; (TO PROSECUTOR)

Have we had evidence about this particular person before?

BY THE PROSECUTOR : 5 No, My Lord, this is one of the persons in con-

nection with which Detective Sergeant Burger is standing down. EXAMINED BY THE PROSECUTOR :

You are a Detective Sergeant in the South 10 African Police, stationed at Florida? Yes, My Lord.

On the 5th December, 1956, did you go to a certain address in Sophiatown? Yes, My Lord.

To which address did you go? 41, Willy Street, Sophiatown. 15

Do you know who resided in this house? A Native male by the name of Henry Tshabalala.

Did you find him there that day? I found him there, Your Worship.

BY MR. JUSTICE KENNEDY : 20

Did you know him before? No My Lord, I did not. BY MR. JUSTICE KENNEDY :

How did you identify him? I had someone else with me, who identified him, My Lord. 25

Who was that? It was a European Constable from Newlands. EXAMINATION BY THE PROSECUTOR RESUMED :

Did you have a warrant for his arrest? I had, My Lord. 30

Ahd this person you found there, did you ask him who he was? Yes, My Lord.

3284. (P.J.J. MEYER) (H.T.16, 18)

And what did he say? He said he was Henry Tshabalala.

Did you inform him of the purpose of your visit? Yes, My Lord.

And did you then arrest him? Yes, My Lord. 5 And did you conduct a search of this house?

Yes, My Lord. And did you seize certain documents there?

Yes, My Lord. Will you have a look at the documents before 10

you now - H.T.16, 18, H.T.20, H.T.23 and H.T.24? — Yes My Lord.

Are those documents - are those some of the documents whi3h you seized there that day? Yes, My Lord. 15

Did this person, Henry Tshabalala say anything to you in regard to these documents? No My Lord, he made no comment.

And was this person, H. Tshabalala, an Accused at the Preparatory Examination? Yes, My Lord. 20

Did you identify him there? Yes, I did, My Lord.

Do you hand the documents in? Yes, My Lord. H.T.16, My Lords, is a membership card of the

African National Congress, issued in the name of Nshinua 25 H. Tshabalala, 46 Willy Street, Sophiatown, for the year 1956, and it is signed "A.M. Shabaleng." H.T.18 -My Lord, there is a second document, also H.T.16, which is a A.N.C. Conference Delegate's Badge. Sergeant, what did you say, what was the address you went to? 41 30 Willys Street, My Lord.

Did you make this note on this document,

3285. (P.J.J. MEYER) (H.T.18,20, 23, 24)

- on H.T.20? I did, My Lord. And the address on that? That is 46

Willys Street, My Lord. Did you make that note shortly afterwards?

Yes, in my handwriting, My Lord. I made it myself, 5 BY MR. JUSTICE KENNEDY S

And is 41 wrong? 41 is wrong, My Lord, EXAMINATION BY THE PROSECUTOR RESUMED s

I first deal with H.T.18, My Lords, which is a Programme for building of a mass Youth League, and it 10 is the same as A.54. H.T.20 is a "Lodestar. Volume 1, August, 1956", the same as B.106. H.T.23 is a bulletin "The Soviet Union and Hungary", 17th November, 1956, and it is the same as G.286. H.T.24 is "This call to the Congress of the People", and it is the same as A.140. 15 NO FURTHER QUESTIONS.

BY MR. JUSTICE RUMPFF (TO PROSECUTOR) : I am afraid I missed something. You said you

were going to deal with H.T.18 and then you switched over to some other document. 20 BY THE PROSECUTOR :

My Lord yes, I switched over to H.T.20 only to have the witness refer to his note on the document as to the address where he searched. Then I went back to H.T.18, and dealt then with H.T.20 in the sequence 25 in which they appear on the list. BY MR. JUSTICE RUMPFF : ; Where did you find these documents? At Willys Street 46, My Lord.

Where in the house? Some were found in 30 the wardrobe and some were found in the kitchen dresser.

Did this man, Tshabalala appear to be living

3286. (P.J.J. MEYER) (D.31)

there? Yes, My Lord. Did anybody else live there? There was a

Native woman who he addressed as his wife, My Lord. Were those the only two persons there? The

only two persons in that room, My Lord. 5 NO QUESTIONS BY THE DEFENCE.

MR. HOEXTER TAKES OVER AT THIS STAGE AS PROSECUTOR : BY THE PROSECUTOR : 10

My Lords, before my learned friend Mr. van Niekerk continues with the evidence, it is necessary to return briefly to a series of lectures in the D-Series. Trade Union lectures. These were the lectures, Your Lordships will recall, in respect of which the Crown 1 5

made a tentative summary of one which was given to the Defence. Nothing further happened in connection with the summarising. My Lords, the Crown has analysed the lectures again, and we propose, subject to the approval of the Court, to read brief extracts of those lectures 20 only this morning, ana - there are ten lectures - in the case of three of them, I shall refer to the title only, and in the case of all the other lectures, save one, the extracts read will be very brief, and it will be possible to dispose of the entire set of lectures in 25 about 20 minutes. THE COURT CONSISTS TO REQUEST. BY THE PROSECUTOR :

My Lords, the first one is D.31. This is also lecture 1 in the series. It is referred to in the Po- 30 licy Schedule at page 115, item 1. The lengthiest rea-ding will be from this one, My Lords. It is entitled :

3287. (D.31)

"OUR MODERN SOCIETY M D HOW IT AROSE". Page 1 can be summarised by saying that it stresses the necessity for the study of society in order to enable people to under-stand society and to change it into a better society. On page 2, there occur the following passages :- 5

"Even those who want to maintain "forever* the pre-sent order of things, have to admit that the dis-tribution of the wealth of society is not a little lopsided, that there is a tremendous wealth at the one end of society (the very small end) whilst 10

poverty and insecurity haunts the overwhelming mass of the people at the other end. These adherents of the present system usually try to justify it by such phrases as 'there have always been poor and rich', of 'the poor have always been with us'. 15

That saying is quite untrue. In the earliest form of human society, scientifically known as 'primitive communism' there was no such thing as 'rich and poor'. Whatever the society wrested from nature, belonged to the whole of society and was shared by 20 all the members of society. It is true that under 'primitive communism' man led a very tough sort of life."

I omit a passage, and continue lower down :-"However, soon man's ingenuity helped him to 25

improve his methods of getting his living from nature."

I omit a passage "Each time there was such a new development in

the means of production, there was also a change 30 in the relationship of men to each other. The owner or inventor of the particular new means of

3288. (D.31)

production would assume a dominant position in re-lationship to the other member of society. Thus we have the creation of classes, i.e. groups of people in society who make their living by the same methods". 5

then turn to page 3, the second paragraph : "Ever since there have been classes in society,

there has also been a continuous struggle between them. In fact, the wholr of recorded human his-tory is a history of class struggles, with one 10 class overthrowing another and taking domination to itself. These class struggles and the victory of one class over another have always followed on the development of new productive powers. As soon as these productive powers could not be fully utilised 15 under the domination of one class, the class which controlled the new means of production forcibly overthrew the old class which stood in its way. The new ruling class then proceeded to introduce its own new social order, with its own new type of 20 government, its own laws and its own institutions.

The capitalist class in our own modern society arose in exactly such a manner and at one time it was the revolutionary class in history. When the old structure of Feudalism, in which the lords 25 owning the land were the rulers, began to hinder the development of capitalist productive forces, the capitalists forcibly and by revolutionary means overthrew the powers of the feudal land-lords and established their own capitalist rule 30 and society. The capitalists then abolished all privileges of the old ruling class and instead

3289. (D.31)

introduced their own." I read now from the concluding paragraph on page 3 :-

"In capitalist society we have classes, just as there were in the previous social systems. Briefly these classes are s 1) The working class or prole- 5 tariat; 2) The capitalist class; 3) The peasantry; 4) the Middle class."

Page 4, My Lords, begins a more detailed consideration of these classes, dealing first with the working class.

The lecture says this is the class that owns no means of 10 production, and must sell its labour power to the capi-talist class. And it goes on to say that :-

"Ultimately, the workers find that they cannot se-cure lasting improvements and security under capi-talist conditions of production and that they must 15 themselves take over control of the means of pro-duction. "

The lecture next considers the Capitalist Class, the class which owns the means of production, and it says that they endeavour to get the labour power of the work- 20 ers for as little as possible in order to ensure maximum profits, and this stage concludes by saying :-

"Thus capitalist interests are always opposed to the interests of the workers and there is...."

always a bitter struggle going on between these two 25 classes, and indeed between rivalling capitalist classes because competition is fierce. Then on page 5, there is a consideration of the Peasantry, the section living off the land, with the exception of the rich farmers, and the middle class, the large mass of people, who are 30 neither capitalists nor workers, such as craftsmen, lawyers, doctors, teachers, and it mentions that often

j

3290. (D.31)

the capitalist's drive result in the loss of indepen-dence of this middle class, such a person "being driven into the working class. I read now from the foot of page 5, My Lords : After analysis of the various clas-ses, the lecture says :- 5

"Prom the above picture, it will be seen that the basis for changing the capitalist mode of pro-duction to a better system already exists in the class relationships. There is already in existence the new class which in its own interests must wrest 10 the means of production from the old class and must establish a new social order. This new class must have three important qualifications in order to be able seccessfully to achieve its historic mission." 1 5

And then these qualifications are set out on the top of page 6.

"It must; (a) have nothing to lose from a change-over, but everything to gain, i.e. it must be a revolutionary 20 class. (b) be aproductive class, for it is not enough to destroy the old - the new has to be built; (c) be able to act together in large numbers, in an organised and disciplined fashion."

Then the lecture considers how the various classes mea-sure up to these requirements and it goes on to say s-

"It is clear from the above chart that the work-king class has the noble historic role of trans-forming society. Its closest ally in this strug- 3 0

gle is the peasantry,..." and then, a little lower down :-

3291. (D.31)

"What kind of society is the working class aim-ing to establish? Will it again he a society, where on class will dominate others?::

No that can no longer "be. Our modern means of production are so advanced and so highly developed 5 that they can no longer he adequately controlled and utilised by any individual class, but must ul-timately pass to social ownership and control. This must lead to a society where the means of production are owned by society as a whole and where every 10

member of society is in one form or another engaged in the productive process. The continuously deve-loping technique of production, and the great sour-ces of ingenuity and talent which will be released in such a society, will ultimately ensure a life of 15 plenty and security for every member of society."

It then goes 011 to say that the workers' struggle is in the interests of humanity and not of a single class, and then says :

"How will the working class achieve this aim? 20 Firstly, be becoming conscious of its historic role, i.e. by gaining knowledge in the struggle and by realising, in the struggle, its own strength.

Secondly, by unity and organisation. The working class develops many forms of organi- 25

sation in the struggle. Sometimes workers form mutal aid societies, co-operatives, trade unions. The latter is the most common form of mass orga-nisation of the workers and in this study course we shall occupy ourselves predominantly with it. 30 We shall try to learn hom to form a trade union, how to build it and how to utilise it in the general

3292. (D.31, 30)

struggle of the working class." And then the lecture concludes

"But in addition to this kind of mass organisa-tion, the working class must produce its own inde-pendent political party. This is a new kind of 5 political party, the kind of party that will not so much be concerned with winning elections and seats in parliament, but will concern itself with the struggle of the working class for emancipation.

Such a political party must consist of the best 10 and most sincere members of the working class, of leaders who are the most advanced and most class conscious amongst the fellow workers, who at the same time are prepared to devote their whole life to the noblest of all ideals, the emancipation of 15 the whole of mankind."

The next, My Lords, is D.30, and this lecture, My Lords, is entitled "WHAT ARE TRADE UNIONS?". I read nothing from page 1, from page 2, and I begin at the foot of page 3, under the title "Labour in Politics", 20 after a historical review of trade unionism in this country, it says

"The trade unionists discovered however that a capitalist government whether consisting of

25 English or Afrikaners could have no real sympathy with the workers."

Then, I read nothing from page 4, and I begin again on page 5, where the lecture gives a review of the 1913 -1914 strike - in the middle of the page - I may say, My Lords, that all the portions to be read have been f

underlined with blue pencil, as suggested by Your iDordships

3293. (D.30)

"In January, 1914 a general strike of railway-men throughout South Africaqby the National Union of Railway and Harbour Servants (N.U.R.A.S.) The government took drastic steps; drafted police troops and commandos to the Witwatersrand and 5

other big centres and proclaimed 'Martial Law' in the Transvaal, the Free State and Natal. Hundreds of Trade Union leaders, prominent members of the S.A. Labour Party, including members of Parliament, Provincial and Town Councils were jailed. Nine 10 of the strike leaders were transferred from jail, placed on a steamship and deported to England. An attempt to get the Courts to stop this illegal action failed because of the quick and underhand methods the government used. Although the Govern-15 ment acted illegally, it was later able to get Parliament to pass an indemnity act which lega-lised its action. Parliament also passed the Riotous Assemblies Act, the first really vicious attack on civil liberties in this country. It was 20 the forerunner of a series of Acts including the Native Administration Act, the Suppression of Communism Act, the Criminal Laws Amendment Act and the Public Safety Act which have established a police state and given legal powers for a fascist 25 dictatorship."

I read nothing from page 6, except a reference to the Indian strike in Natal, where the following words occur; That is the Indian Sugar workers :-

"Once again the police showed their brutality 30 by shooting down plantation workers in cold blood. The strike was successful the £3.0.0. tax was removed,"

3294. (D.30) Then I read nothing from page 7, My Lords, nor from page 8, and I read again from page 9, the middle of the page. The heading is "A NEW PROLETARIAT" :-

"In the new period which opened with the Nat.-Lahour government coming to of'Tice, secondary in-dustry was to expand at a very fast rate and to draw into the factories and towns thousands of unskilled workers - European and non-European from the coun-try districts. A new proletariat was developing and under its influence trade unionims was to re-ceive a new form."

Then the lecture devotes some considerable attention to the I.C.U., on page 10, and the S.A. Trade Union Congress I read nothing from page 10 or 11, and I start again on page 12, My Lords. The top of the page, under the head-ing "Economic Crisis" :-

"In 1929 capitalism had its biggest economic crisis of its century. It started in the United States of America, where the whole financial and in-dustrial structure of capitalism was shaken to its foundation. The crisis spread to every other capi-talist country. Mass unemployment developed in all of them, and the labour movement grew in strength and militancy. Political crisis developed through-out the capitalist world, governments fell and fascists movements came to the fore in Germany, Prance and Britain,

South Africa came off lightly, largely because of the gold industry. But, nevertheless there was mass unemployment amongst all the races and the capitalist parties joined together and formed the United Party Government under General Hefctzog. Big

3295. (D.30 )

demonstrations took place in which workers of all races marched shoulder to shoulder. The Govern-ment took steps to split the workers unity by giving the White workers privileged treatment in relief works in the railways, harbours and the Government 5 Service. The Civilised Labour Policy of &924 was applied with great energy."

Then I omit the rest of that page, and turn to the top of page 13, under the title "Trade Union Democracy Versus Fascism" :- 10

"This struggle for trade union democracy was a part of the wider struggle against fascism which formed the main political objectives of the labour movement. Note the formation of the Anti-Fascist League with the full backing of the S.A. Trades & 15 Labour Council. After Hitler came to power in 1933, South Africa, like other capitalist countries had its fascists, known as the Greyshirts, who tried to penetrate the trade unions by appealing to the Afrikaans-speaking workers, who were themselves new 20 recruits to the trade union movement."

And I omit the rest of that page, except the concluding paragraph, the last line, headed "The Second World War":-

"The outbreak of the war in 1939 deepened the division in the trade union movement. The majority 25 of the militant trade unions were opposed to the war in its imperialist stage (1st September 1939 to 22nd June 1941) and were fiercely denounced by the reactionaries, who threw all their strength behind the war policy, even going so far as to call for 30

compulsory contributions by workers to war funds. These reactionaries succeeded in 1940 in changing

3296. (D.30)

the constitution of the S.A. Trades & Labour Coun-cil and applied the card vote system to the election of the N.E.C. This gave the right-wing the majority of seats on the Executive.

The character of the war was changed when the 5 Nazis invaded the Soviet Union. Both sections of the trade union movement were united in the war policy against the fascists, who concentrated their activities on attempts to sabotage the war effort."

I omit the rest of page 14, and the rest of page 15, My 10 Lords, except until the last two paragraphs on page 15 s

WS have seen that the First World War produced great inflation, resulting in a steep rise in prices and imposing hardships on the working class,, When the post-war depression began and the bosses tried 15 to save their profits at the expense of the workers, a strike wave developed which reached its peak in the Rand Strike of 1922.

The Second World War was also followed by de-flation and price increases, and a great strike of 20 miners. This time, however, it was the African miners who struck. History had repeated itself, but at a different level."

The lecture then goes on to consider the African miners1

strike of August 1946, and on the middle of page 16, 25 the following occurs s-

"The ruling class was not prepared to make con-cessions after the war. Their fear of being de-feated was over and they were now afraid of the forward movements of the working class in Europe 30 and the oppressed colonial people in Asia. A get-tough policy was adopted in South Africa, as in

3297. (D.30)

other capitalist countries. When the African miners struck the Smuts Government moved in with armed police and troops and crushed the strike, driving the miners by force into the compounds and down the mines.

The strike was over within a week, but it had great political consequences. From it followed the arrest and prosecution of the Central Committee of the Communist Party, in a trial which continued over a period of two years, and ended in a complete failure for the prosecution. From it also followed the collapse of the Native Representative Council, where Councillors walked out after the Chairman had refused to allow them to debate the strike. The strike also contributed to the introduction by the Smuts Government of the Native Labour Industrial Conciliation Bill, which was meant to stifle inde-pendent African Trade Unions and put them under Government control."

I read from page 17 "The swing to the right was continued much further

when the Nationalist party was elected to power in May 1948 on a vicious, racialistic and anti-working class programme. It lost no time in laying the basis for its fascist-like police state. African workers were excluded from the Unemployment Insu-rance Act in 1949. Introduced the Group Areas Act, Immorality Act, Mixed Marriages Act and other apart-heid legislation.

It appointed an Industrial Legislation Commission whose babies are the Native Labour Settlement of Disputes Act and the New Industrial Conciliation

3298. (D.30)

Bill. 1950 opened a new round in the attack upon civil liberties when the Suppression of Communism Act was passed, outlawing the Communist Party and giving the Government dictatorial powers over the working class and anti-capitalist organisations. 5

Ben Schoeman, as Minister of Labour, threatened to 'purge' the trade union movement of communists and militants if the trade unions were not prepared to do so.

It is to the credit of the South African trade 10 union movement that it did not follow the example of right-wing unions in the U.S.A., Australia, Great Britain and elsewhere, which faithfully car-ried out the instructions of the ruling class and expelled some of the most loyal and devoted fighters 15 for the working olass on the grounds that they were communists. This the South African trqde union move-ment refused to do, even though a section broke away from the S.A. Trades & Labour Council in 1947 and 1948, when it failed to carry a motion for the in- 20 troduction of a colour-bar into the Constitution,

Schoeman put his threats into operation by securing the removal from office of all named com-munists in the trade unions. Nearly 50 of the best organisers and staunchest fighters for the 25 working class of all races were expelled from their posts aH secretaries, organisers, chairmen and com-mittee members. Their only crime was that they had fought the bosses in order to improve the life of the working people. 30

Contrary to the Government's hope, the trade unions did not collapse. New workers came forward

3299. (D.30)

to take the place of those who had fallen under the Government's "ban. Not satisfied with its ef-forts, therefore, the Government planned further attacks on the workers' organisations. On the one hand it extended the industrial colour bar by means 5 of the Native Building W o r k e r s ' Act, which prohibits Africans from doing skilled work in urban areas out-side the locations, and the Native Labour Settlement of Disputes Act, which prohibits strikes and sti-fles African trade unions. On the other hand it 10 throttled the defiance campaign of 1952 with savage police action and fascist legislation, such as the Crominal Laws Amendment Act and the Public Safety Act.

The fascist reaction had its effect on the trade 15 union movement: the reactionary leaders decided to soft-pedal and accept segregation by excluding African unions from the S.A. Trades & Labour Council, Special conferences were called to arrange this sacrifice of principle, The left-wing unions refused20 to abandon their long fight against racialism and stayed outside the new organisation."

The lecture concludes, My Lords : "The right-wing leadership had not saved them-

selves and the trade union movement. Now they are 25 faced with the threat that Indian, Coloured and European workers will be forced into separate unions by the new Industrial Conciliation Bill which has been drafted and will be presented next year. 30

Once again it has been shown that the fascists cannot be appeased, but become greedier with every

Collection: 1956 Treason Trial Collection number: AD1812

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