University of the Witwatersrand...port on the A.N.C Conference. 7/7/1954, amongs; th peret - sons...

MR. TER3IAMCHE; May it please your lordships, my

lords, I deal first with Accused No.22, C. Mayikeso. As * — »

in the other cases, my lords, we have prepared a Summary

of the e/idence against him which I ask leave to hand to

the Court.

Your lordships will see that there is an index and

in this case, my lords, the evidence has teen dealt with in

the same way, in the same order, except that the meetings

are dealt with before the documents possessed.

In section A, my lords,is set out the overt act

charged against the accused which consists of conspiracy -

three meetings and a manuscript of his speech at the Con-

gress of the People which we allege is a manuscript of

the speech he made there. Part D of the Indictment.

Then Part U of the Indictment, my lords, that is

attending the meeting of the Congress of the People at

IQiptown on the 25th and 26th June, 1955.

In Part B we set out the membership of this accused

in the various organisations of the A.N.C. and it shows that

he was a member of the A.N.C. 1955 - there is a document,

a membership card. Secondly, he was a member of the National

Executive Committee of the African National Congress; the

evidence is listed there, my lords, and from documents JJ.19

21811.

MR. TERBLANCHE

the same appears; also from PDN.144> Minutes of an A.N.C.

Conference at Bloemfontein on the 17th. December, 1955.

There it shows that he was elected to the Homes and Secu-

rity Commission. Your lordships will remember that certain

Commissions were elected at that Conference and he was

elected to the Homes and Security Commiission. He was also

elected to the National Executive Committee.

Then, my lords, he was a member of the Cape African

National Congress Executive Committee as l i s t e d . . . . .

BEKKER J; What year?

MR. TERBLANCHE; My lords, the year is not stated,

in this part of the evidence, but from the documents, my

lords TET.l which is Croxley Exercise Book containing a re-

port on the A.N.C. Conference, 7/7/1954; amongst the per-

sons elected appears the name MyeMso. RR. 58 is a list of

officials, and amongst the names is that of C.J.Mayekiso.

So the year appears to be 1954 and 1955.

My lords, there are also others mentioned there,

TAM.4 - all found in the possession of other members of the

African National Congress, and A.17, my lords, the trans-

lation. . . . .

BEKKER J; I'm just a bit puzzled, Mr. Terblanche.

How it JJM. 19 admissible against this man?

MR. TERBLANCHE_1 This is only put there because

that was put to the witness Luthuli, and he admitted that

that reflected correctly the position.

BEKKER J; Then i t ' s luthuli's evidence, not JJM.

MR. TERBLANCHE: But this was put to Luthili, my

lords, I put it in there.

BEKKER Ji Yes, well here then you rely on luthuli?s

evidence„

21812

MR. TERBLANCHE

MR. TERBLANCHE; Luthuli's evidence, my lords. x

BEKKER J; What about PDN.144?

MR. TERBLANCHE:; Those are Minutes, my lords, found

in the possession of Nokwe.

BEKKER J % TET . 1?

MR. TERBLANCHE; That is a report, my lords, found

in possession of Tshunungwe.

BEKKER J; Yes.

RUMPFE Js What is your submission, Mr. Terblanche?

On TET.l?

MR. TERBLANCHE s My lords, that having been found 1 0

in the possession of a co-accused, this can be used against

this accused.

RUMPF7 J° Is this under the section?

MR. TERBLANCHE; No, my lords, i t ' s not.

15

RUMIW Ji Why is it then admissible?

MR. TERBLANCHE; My lords, the section provides

that if a document is found in the possession of a member

of an organisation of which an accused is also a member,

then --my lor is , it says if it deals with various mat- 20

ters, authorship, membership - then it 's admissible. . .

RUMPFF Js Would you just like to look first?

MR. TERBL A NCI-IB: As your lordship pleases.

My lords, it ' s section 263 bis , section (a) says; Any

document, including any book, pamphlet, letter, circular . . . . e 25

RUMP7F J ; You now say it is admissible because

of the provisions of this section?

MR. TERBLANCHE % Because of the provisions of the

section, my lords. Sub-section (r>) -"On the face whereof

a person of a name corresponding to that of an accused

21813.

MR. TERBLANCHE

person appears to be a member or office bearer of such

organisation, shall on its mere production by the Public

Prosecutor in any criminal proceedings be prima facie

proof that the accused is a member . . .

RUMPFF J; Just repeat that please.

MR. TERBLANCHE; "Any document which was at any

time on premises occupied by any association of persons

incorporated or unincorporated, or in the possession or under

the control of any office bearer, officer, or member of such

association, on the face whereof a person of a name corres-

ponding to that of an accused person appears to be a member

or office bearer of such association, shall on its mere

production by the Public Prosecutor in any criminal proceed-

ings be prima facie proof that accused is a member or such

an office bearer of such association as the case may be."

RUMPFF Ji Yes.

MR. TERBLANCHE; The saoe applies, my lords,

to PR.58 found in the possession of Resha and TAM. Makwata

whom we allege was also a member of the Afric an National

Congress, and A.17 which was found in possession of the

African National Congress.

Then, my lords on page 3, that he was a chair-

man of the New Brighton Branch of the African National

Congress during 1955 and 1956. The evidence of Nkalipi r f

and Msangani. He was a member of the Eastern Cape Regional

Committee of the A„N.C. and also chairman of this committee.

Evidence of Nkalipi, and documents; the first one I ' l l

ask your lordships to delete. TT.13, my lords, is a typed

do cument . . .

RUMPFF J; MA.155 you want deleted?

MR. TERBLANCHBt MA.155, your lordships, yes.

21814.

MR. TERBLANCHE

That I ask your lordships to delete. TT.13, my lords, is

a typed document headed ^Statement issued by the Eastern

Cape Regional Committee of the A .N .C " , and at the bottom

appears C . J . Mayekiso, Chairman Eastern Cape Regional Com-

mittee of the African National Congress; that was found

in the possession of Tshune who we allege was member of

the African National Congress. He was also an Executive

member of the South African Congress of Trade Unions - the

evidence of Mandela and Nkalipi, and documents, my lordS;

MA.150 . .

BEKKER J; Does the evidence show when he w as a

member?— Erom the first, the Inaugural meeting, he was

elected a member of the National Executive Committee of

the South African Congress of Trade Unions.

BEKKER J; That was 1954?

MR. TERBLANCHEz 1954, my lords. My lords, the

Inaugural Conference was in March, 1955. Then MA.150 is

a document - a South African Trade Unions circular dated

20th April, 1955; it bears the signature of C.J.Mayekiso

South African Congress of Trade Unions. This signature

was admitted to be that of the accused Mayekiso, my lords.

Then D .20 , my lords, Minutes of the Inaugural Conference

of the South African Congress of Trade Unions, from the

5th to the 6th March, 1955 , and at page 2315 it shows

that C. Mayekiso was elected to the Executive Committee.

LLM.151, my lords, a report of the Eirst Annual

National Conference of the South African Congress of Trade

Unions, Salt River, the same as above; this was found in

possession of Leslie Masina, an accused in this case, and

v/e allege a member of the South African Congress of Trade

Unions, and it also shows that Mayekiso was elected.

21815. MR. TERBLANCHE

BEKIE R J : Well, has it been proved that Masina

wasa nenber? You allege it , but has it been proved?

MR. TERBLANCHE; We'll show it , ny lords, when

his case is dealt with, and when argument in regard to the

South African Congress of Trade Unions was presented there

it w as shown that he was a nenber. He wast he General-

Secretary, ny lords.

My lords, he was also a volunteer and he was a

Volunteer-in-Chief at New Brighton - evidence of Nkalipi

and Matthews. And he was Volunteer Group Leader, my lords,

- that's docunent JJ.18 found in possession of J.Jack who

we allege and will show, ny lords, when his position is

argued, that he was a nenber of the African National Con-

gress.

He wasalso a nenber of the Eastern Cape Consulta-

tive Connittee - evidence of Matthews, and docunent TT.2,

which was found in possession of Tshune and signed C.Mayekiso

- Assistant Chairman. And he was the organiser for the

Congress of the People in the Eastern Cape - the evidence

of Matthews, at pages stated there.

Then, ny lords, I say that he signed docunents

for the Secretariat of the Regional Action Connittee of the

Congress of the People, and that the docunents are A .156 ,

- the first one; The Defence admitted this to be the

signature of the accused. It consists of a nunber of

letters, the second one fron the Eastern Cape Regional

Action Connittee, Port Elizabeth, dated 9th March, 1955.

It is addressed to the Secretariat of the National Action

Council, Johannesburg.

?M>5, ay lords, is a docunent found in possession

of E . Mene. The Defence also a dnitted that this was the


signature of the accused and it 's a roneoed circular by

the Cape Eastern Provinco Provincial Committee of the

National Action Council Congress of the People. It deals

with a meeting to be held on the 26th September, 1954,

and it bears his signature.

JJ .1 ? my lords, found in possession of J . Jack,

a person already mentioned; it 's a roneoed document about

the Joint Executive Meeting of the Cape sponsoring orga-

nisations for the Congress of the People held at George

on the 16th to the 18th October, 1954. It shows that C.

Mayekiso of Port Elizabeth was elected to the Working

Committee. Your lordships will remember from the evidence

already dealt with in regard to previous accused that

there was held at George this meeting and that the persons

attending this meeting were searched there, and certain

documents taken from them„

Now, my lords, Part C - we set out the searches

conducted by the different members of the South African

Police and the documents then seized by them from the

accused. My lords, the first one was . . .

RUMPEE J; Do you want to read th© whole thing?

MR. TER3LAI

21817

MIL TERBLANCHE

and the taking of these documents, CM. 38 to 48.

RUMPFF Jt Where was that?

MR. TERBLANCHE; At the Congress . . .

RUMPFF J ; What page?

MR. TERHLANCHE% Page 7 , my lords. My lords,

then in Section B, I deal with the activities of the accused.

Before going into that nay I just make this submission, my

lords; on the documents so far dealt with from page 5 it

shows that the accused was active also in these various

oganisations, by signing these letters; others will st i l l

be presented to the Court at a later date.

Now, ay lords, I first deal with the authorship

of documents. The first one is NA.150 - I 've already dealt

with that, to show his position, and the signature on this

document was admitted by the Defence. A .165 , ay lords, a

document consisting of a number of letters; one is a

letter from the Eastern Cape Regional Action Committee, and

the signature has been admitted.

Then VM05, my lords, on which the signature is

also admitted; I have also dealt with that one. Then TT.13

my lords, is a typed document found in the possession of

Tshume, and therefore for its admissibility gainst the

accused I rely on section 263 bis ( i ) (d ) . It is signed

by Mayekiso . The document deals with the banning of

the meetings ir Port Elizabeth and Humansdorp; it gives

as one of the reasons for this that the Government was

growing daily more desperate and more tyrannical, and as

examples of this it gives the banning of leaders, news-

papers, the gaoling and victimisation of freedom fighters,

and stated that this was done in the name of white supremacy

21818.

MR. TERBLANCHE

and Western Christian civilisation. The document also

states that the liberation of the African people is on

the Agenda of world history in our time, and that nothing

that the Government can do will halt its inexorable march

of the people towards a free united democratic and progres-

sive multi-racial South Africa in their own lifetime.

It stated that the A.N„C. calls upon the people of

all races to unite in opposition to the Government and

its unjust laws, and that the A.N.C. was confident that

by rallying around a truly democratic programme such as

the Freedom Charter, the people can and will defeat the

Nationalist dictatorship,

Nov/, -ay lords, in this document the accused shows

that he realised that the Government was growing daily

more desperate and more tyrannical . .

RUMPF? J; Well, this speech speaks for itself.

MR. TERBLANCHE; As your lordship pleases.

Then TET„83, my lords; this document was found in posses-

sion of T. Tsunungwe at George, and it is a letter dated

Port Elizabeth on the 1st October, the year not stated

in the record it is addressed to Tshunungwe at

Queenstown and it relates to the Congress of the People

and the Regional Conferences. The signature has been ad-

mitted «,

Then, my lords, I deal with other documents shew-

ing the activities of the accused. A.70 is Minutes of

a Meeting of the National Executive Committee of the A .N.C .

on the 25th June, 1955. My lords, this was a day before

or on the day when the Congress of the People was being

held at Kliptown. It shows that although the accused was

not a member of the National Executive Committee at the

25

30


tine, he was introduced as an observer from the Cape and

he was allowed to remain at the neeting, and at this

nee ting Tshunungwe gave a report about the Boycott of

Bantu Education in the Eastern Cape, and he also read

a draft report by the Secretariat on Bantu Education.

This report was not discussed but it was decided that e ach

member should apply for a copy and study it .

Then, my lords, page 362; a resolution was read

in, a resolution was passed at the Congress of the People

as follows; nWe pledge ourselves to continue to work for

the achievement of the demands of the Freedom Charter

and to get the Freedom Charter endorsed and accepted by

all democratic organisations, and people.

TET.70, my lords, is a document found in pos-

session of Tshunungwe, it 's a typed document headed "The

African National Congress, Cape Province, Minutes of the

last Executive Meeting held in Cradock on the 11th Septem-

ber, 1954." It shows that the accused attended this meet-

ing, and it states that a decision was taken on the forma-

tion of the Provincial Action Council ani the formation of

the Regional Action Council.

AM.96, my lords, was a document found in posses-

sion of R. Mahlangu,, a member of the National Executive

Committee of the South African Congress of Trade Unions.

This has already been presented to your lordships when

the South African Congress of Trade Unions was argued.

It is the Minutes of the National Executive Committee of

the South African Congress of Trade Unions held on the

27th June, - the year is not stated, ny lords, but it can

only be 1955 or 1956, because it was only formed in March

21820.

MR. TERBLANCHE

1955. It was held in Johannesburg and it shows that

accused 22 attended. It further shows, my lords, that

the President stated that it was important to recognise

the role assumed by the World Federation of Trade Unions

and that their decision to affiliate would be to their

advantage, and on a motion it was agreed to affiliate

with the World Federation of Trade Unions, and the follow-

ing resolution was also taken at this meeting at page

3402; "The South African Congressof Trade Unions recog-

nises the Freedom Charter as adopted by the Congress of

the People as a document enshrining the aspirations of

the majority of the South African citizens and firmly

resolves to appoint all workers with its contents."

My lords, then I deal with meetings attended by

this accused, and according to the Exhibit X . 2 0 , ay lords,

and pages 9772 to 4 of the record, he attended . . .

BEKIER J ; What is X .20?

MR. TERBLANCHE; My lords, your lordships will

remember that a large number of meetings in the Eastern

Cape - we did not lead any evidence as to what was said

at those meetings, but this exhibit was handed in . . .

BEK&IR J; What is X,20?

MR. TERBLANCHE; That's an exhibit, my lords, a

schedule setting out certain meetings and persons who

attended, and spoke at that meeting, or meetings rather?

and the type of meeting it was.

Now, my lords, there are stated several meet-

ings; the accused spoke at all of them, according to

that exhibit, and the evidence at page 9772 to 4 of the

record. My lords, before dealing with these meetings


nay I just refer your lordships shortly to the evidence

of Nkalipi at page 15634 of the record.

RUMPFE J; What meetings are you now on - - "before

dealing with what nee tings? You say the next one . . .

MR. TERBLANCHE; Those meetings in regard to which

we led evidence as to what was said at those meetings. My ^

lords, Nkalipi in giving evidence at page 15634 of the

record gave the following evidence; "And one of the things

which the A.N.C. regarded as essential was the raising of

the political consciousness of the masses; do you know

that?— (A) I don't understand." 1 0

RUMPFE; J; Is that in chief, or in cross exami-

nation?

MR. TERBLANCHE; Cross examination, my lords.

( "Q) They had to prepare the people mentally for the part

that w as expected of them in the liberat ory struggle?—

(A) I don't know in that wav, my lords, because the people

I think are being prepared by the conditions themselves

which they live under; only that the Congress, I know,

aimed to do was to have the people under each unit so

that they could fight as one figure to achieve the proper

conditions which are worth for a human being."

(MQ) And did they not also have to teach the people the

method by which they had to achieve this freedom from

oppression?— (A) Well, the teaching, my lords, comes

daily from the public platfoms, from the speakers who

exactly understand the way of how we are to campaign and

to fight - what methods to be used."

(l ,Q) So the purpose of all these public meetings was really

toeducate the masses as to the objects of, that the A .N.C .

was seeking, and the methods by which they weere seeking to

15

20

25

30

21822

MR. TEEBLANCHE

achieve them?— (A) Correct, my lords."

("Q) And then you used to have at these meetings people

who knew the policy of the A.N.C?— (A) Yes, my lords."

(MQ) To address the crowds?— (A) Yes, my lords."

( n Q) These people knew the policy, both as to the objects

and the methods?— (A) Yes, my lords."

Now, my lords, on that evidence may I make this

submission, that these meetings in Port Elizabeth and its

environs were meetings specially called and that the

speakers there were speakers specially -chosen by the A .N.C .

to address the crowds for the purpose as stated by Nkalipi.

RUMPFE Js How do you mean when you s ay they

we re specially chosen by the A.N.C?

MR.TERBLANCHE: That is what Nkalipi said, my

lords; the A .N .C , - by the A.N.C. I mean, my lords, those

branches at Port Elizabeth arranging these meetings.

And, my lords, that if the Crown has succeeded

in proving that there was a conspiracy of the nature alleged

by the Crown, then I further submit, my lords, that all

these meetings were held in pursuance of and in furtherance

of that conspiracyc Whether your lordships accept what

was said at these meetings or not, whether your lordships

accept the actual words or not, I submit that your lord-

ships will at least accept that the theme at those meet-

ings was the usual theme which appears from all other

meetings, the theme that appear from the documents, and

that your lore1 ships will find that those meetings were held

with that purpose which I have submitted, my lords.

The first meeting I refer to, my lords, is an

African Natioral Congress meeting held at Veeplaats on the

7th February, 1954. Now your lordships will notice that


in the Summary there is a figure 17 behind that meeting, I

think your lordships will remember it has been explained

What that means.

BEKKER J; Yes, we know.

MR. TERBLANCHE; My lords, I also state who the

witness was.

BEKKER J; Segoni, was it?

MR. TERBLANCHE; Yes, my lords. I do that, my

lords, so as to enable your lordships, if your lordships

should find that a certain witness is not to be relied on

at all , it will be easy for your lordships to delete that

meeting.

My lords, the chairman at this meeting was one

Stuurman and the speakerswere Natche, Nieri, Qiko, Mayekiso

the accused and Dr.Njongwe. Now, my lords, Meyekiso spoke

after Nieri but no particulars of his speech were given in

evidence, but I have typed into the record there, my lords,

the speech of Nieri, and in this speech Nieri says that

this organisation is not Dr. Nongwe, Natche, Dr, Moroka and

Dadoo and Luthuli. This organisation is for people, and

those who don't join we shall tramp on them, proceeding

towards freedom."

Your lordships will remember that at many meet-

ings, not only in the Eastern Cape, but in many other meet-

ings this idea of tramping on those who stand in their way

is expressed.

Then, my lords, he further refers, at the end

of his speech, to "Whether you die in gaol or shot along the

streets for the sake of your people you will go to heaven.

The hell machinery is in the Parliament." My lords, again

the same idea is expressed, that in their struggle they've

21824.

MR. TERBLANCHE

got to reckon with violence against them. 2,

BEKKER J : I'm on something else. The Crown knows

that Mayekiso spoke at that meeting. The Crown presumably

had his speech, but he didn't lead it .

MR. TERBLANCHE: No, my lords.

BEKKER J; How do we know, for instance, that g

Mayekiso didn't disassociate himself with what was said

there?

MR. TERBLANCHE; I t ' s difficult, my lord, but

if he did then that would have been read into the record.

BEKKER J; How do we know that? The Crown had l c

his speech.

RUMTFF J: The Crown might not have caused his

disassociation to be read into the record.

MR. TERBLANCHE: My lords, I can only say that

if the Crown should do a thing like that - - but I accept ^

my lords, that - - I only want to say this, my lords,

that if that were so the Crown would have . . . .

MR. KENTRIPGE: I object, my lords, to my learned

friend's statement. I know he doesn't mean . . . .

MR. TERBLANCHE; I f my learned friend will only (Li

listen until I have concluded what I was going to say, my

lords . .

RUMPFF J: Well, what were you going to say?

MR, TERBLANCHE: I was going to say, my lords,

that I can assure your lordships - this is only as far

as the Crown is concerned, I 'm not using it as an argument

my lords - - that I ' l l state later - - but a3 far as the

Crown is concerned, i f anything like that was in that

speech we would have read it in, That's only as far as

the Crown is concerned and I'm not using it as an argument


ny lords; I 'm accepting, my lords, that there is nothing 1

to show that he did not disassociate himself from that

speech, and I leave it at that.

RUMPFF J; Yes.

MR. TERBLAMCHE; Then I come to the meeting, my

lords, held at New Brighton on the 20th March, 1954. The 5

witness was again Segoni and C. Mayekiso, the accused, was

the chairman at this meeting and said the purpose of the

meeting was to form a "branch of the A.N.C. Womens Leqgue.

He also said the African National Congress Womens League

was to stand under the supervision of the African National 10

Congress. The other speaker was Matshe, my lords.

I mention that to show he associated with these speakers,

and with thes3 meetings.

Then the next one, my lords, is the African

National Congress and the African National Congress Youth 15

League Conference held at Uitenhage on the 26th and 27th

June, 1954. My lords, I 'm not referring here to any

speeches because this Conference has been dealt with so

often that I 'm sure i t ' s not necessary to refer to these

speeches. But there was a speech made by Resha to which 20

reference has often been made, my lords.

I wish to point out, my lords, that C. Mayekiso,

the accused,thanked the speakers, that is after Luthuli

had spoken and after Sisulu, the Secretary-General had

spoken, and he took part in the proceedings of this con- 25

ference, my lords»

The next, my lords, is an A.N.C. meeting at

Veeplaats on the 1st August, 1954, - the witness is one

Moedlane. The position of this witness, my lords, will be

argued at a later stage by another member of the team. 3 0

21826. 21828. MR. TERBLANCHE

Mayekiso, who was the chairman, and the speak-

ers were Tshuku, Yshume, Mkwayi, Ntsangani and Ntunja.

My lords, I put in the speech of Tshuku there, and the

speech of Mkwayi and the speech of Ntsangani. Again, my

lords, there is nothing on the record to show that Mayekiso

in any way disassociated himself from these speeches, being

the chairman, and being the chairman I submit, my lords that

he was fully responsible for whatthese people said.

I refer to the speech of Mkwayi at page 9543

lines 6 to 11 - i t ' s the last paragraph on page 15,

where he said; "Our friends were sent next to the Mau-Mau.

Jomo Kenyetta did organise his people and was arrested for

that and the Mau Mau will never be finished at Kenya and

we will have them in this country. I f the Europeans is

hitting you you should hit him back."

My lords, here again, the theme is Kenya

and what happened in Kenya, and the part played by Jomo

Kenyetta and he says that this will also happen in this

co untry.

Then the speaker Ntsangani, my lords, who

says, "We are going to organise the youth to the A.N.C.

The men are dying day by day from far East to West, because

the capitalists kicking all the oppressed people. The

Europeans when they defeated Germans they xame back and

oppressed the people. At Kenya when Jomo Kenyetta was

organising his people was arrested through people of

Kenya are still doing their struggle. Again in Kenye

there is a special C . I .D , call him Percy, the Kikuyu die

and also a European die next side. We understand that

young men is coming here, but if anything happens here we

are not going to accept that but to our all the people

21827. MR. TEEBLANCHE

conference. We are going to say something what is happen-

ing in Kenya will happen here. At this Malan's time we

are going to protect us."

My lords, again the same theme that we find in

the documents and in speeches in other parts of the coun-

try, what is happening in Kenya, pointing out to the people

how the Kenya people ore fighting.

Now, my lords, in cross examination of this meet-

ing, at page 9561 of the record, the witness admitted that

part of Tshume's speech was - - rather, it was put to him

that it was unintelligible and he said that part was in-

telligible .

And then Mkwayi's speech, the portion reading

"When they shouted Afrika the rain fell and the police

were there with big machine guns. About the Union work-

ers we must teach our youth from 12 to 16 years and they

were given bigger work though he is getting £1.10 .0

per week."

This was put to the witness and he agreed it

was unintelligible. He agreed that his English is poor

"so that some other notes I couldn't take them nicely".

In Mkwayi's speech I left out the word 'violent' after

'non', and the meeting lasted 3 hours and was recorded on

two pages.

My lords. I just point that out; his whole

position will be discussed by another member of the team.

But I wish to point out that these themes which, accord-

ing to his nctes are discussed, there, are the themes which

we find in the documents and in speeches of other meet-

ings taken by other witnesses.

Then, my lords, I next refer to the meeting


of the African National Congress held at Port Elizabeth 1

on the 27th November, 1954. The witness was again

Sogoni and Mayekiso was the Chairman, and at this meeting

he was elected as a delegate to the A.N.C. Conference

which was to be held in Durban in December 1954.

Then the next meeting, my lords, is an A.N.C. 5

meeting held at Veeplaats on the 5th December, 1954; the

witness is again Sogoni, Mayekiso was Chairman, and he

is purported to have said the following at page 9657,

line 4: "During last Sunday New Brighton and Veeplaats

branches could not use its speakers because it was a 10

Regional meeting. Now 1954 has come to an end and we are

now facing the Annual General Conference where all branches

will give reports of the work done".

"All members should now pay the levies up to

date. There are few weeks left before we attend Conference 15

in Durban. It is important to know that many things have

happened. When v/e are on the road towards freedom we must

expect death."

The same theme, my lords, that we find all

over, that on the road to Freedom, the wey they are follow- 20

ing, they must expect death.

"Mr. Swart has been given powers and he

directs the police to rule this country. We in the A.N6C0

and other democratic organisations have taken a pledge

to march for.vard in spite of some people standing in 25

our way" " In the struggle for freedom we are undergoing

hardships". "Our people are being killed by the police,

the organisation is on the road towards freedom, and it is

expected for any man to protect himself. It is painful

to see our people killed and some people want to know why

21829.


the A.N.C. is not taking action against the police. The

A.N.C. does not instruct the people to fight back whilst

being assaulted by the police. All members should know

that they are in the struggle. This morning we had

attended the Congress of the People - the people are determined

to carry out - the police are determined to carry out Mr.

Swart's instructions. Shoot first and talk afterwards.

We are go ing to make "

Now this sentiment, my lords, we have also

heard expressed at meetings in Johannesburg, that Mr.

Swart has given instructions - I think also in documents,

my lords - to the police to shoot first and talk after-

ward s.

"We are going to make reports of such nature to

the Congress of the Peoples Conference next year, and those

reports will be put in the Freedom Charter. The Government

is prepared to fight against the people who are fighting for

freedom. All Afrixans should become members and possess

membership cards• All those who have not joined this

Freedom Volunteers must enlist to the secretary."

Now, my lords, here the accused is enlisting ]

persons as Freedom Volunteers,

Then, my lords, I also put in Makwayi1s speech

on the same ground that the accused was the chairman of

this meeting and he referred to the removal - "The

Government intended to remove Africans from Western Areas

in the Transvfal, but as a result of the pledge taken by

the A .N .C .Y .l r and the A.N.C. the Government has not been

successful in enforcing this law. I am sure that in New

Brighton no African will be removed alive, but only ashes

could be removed. We are not prepared to keep on drifting


from place to place".

Your lordships will see fron that that they

were aware of the campaign against the removal of the

Western Areas in Johannesburg, and that they supported it,

and that there the determination was that if that should

happen in New Brighton then they won't be removed alive.

My lords, the next is a Congress of the People

meeting held at Veeplaats on the 2 0th February, 1 9 5 5 . The

witness is again Sogoni, and Tshume was the chairman, and

he says that he opened the meeting under the auspices of

the A .N .C . , S . A . I . C . , Congress of Democrats and Coloured 10

People's Organisation. Mayekiso made a speech, my lords, in

which he is alleged to have said this: "Mr.Chairman, I want

to speak in English; I have been appointed by the Eastern

Cape Committee to read the demands of the people at this

meeting. This is not last but least. Some people do not 15

know what kind of freedom we want. Before we go into the

new Africa we must have the demands of the people. Gwentshe

will preside as a Judge in the trial of the traitors."

"As Gwetntshe will be one to preside as a judge at the trial

of the traitors." 20

And then he read the demands of the Regional

Executive Committee. My lords, this at least supports

the campaign for the Freedom Charter, ahd here we also find

what we find throughout the speeches recorded,not only at

Port Elizabeth but . . . 25

KENNEDY" J; As recorded there, Mayekiso didn't

apparently take much notice of what he was saying there . . . . This is not last but least

MR. TERBLANCHE; That is so, my lords, but one can

very easily transpose two words like that. We find in this,

nry lords, the threat against traitors. 30

21831

MR. TERBLANCHE

Now, my lords, the next meeting was a Congress i

of the People Meeting held at Veeplaats on the 20th March

1955. The witness was one Gaze, my lords, and Gaze said

in evidence that he was attached to the Special Bramch since

1954. His home language is Xosa. He also has a knowledge

of Zulu and he has a good working knowledge of English; 5

that was his evidence in chief, at page 9898. Then he was

cross examined, my lords, at page 10009. There he said,

my lords, that he had attended a great number of meetings

similar to the one that he had testified to and held by

the same organisation, and that he attended about one meeting

per week, and then follows the time taken by the meetings

and on how many sheets of type they were recorded - this

is in his cross examination, my lords. Then he said that

a great deal cf what was said by the speakers he. was unable

to record, and his notes did not indicate what language was

used. He said that one speech was delivered in English and

the rest were in Xosa. He was not certain about the speech

made by Resha. He had reported in one of his meeting a

speech by Resha, and he said he wasn't sure in what language

that was taken. 2Q

My lords? then there was put to the witness what

he had said at the Preparatory Examination and there he

had said that he couldn't remember at all in what language

different speeches were made; he couldn't at that time

indicate, and now it was put to him, that now he was in a 5C;

position to indicate that all the speeches were in Xosa

and only one in English, and he wasn't certain about Resha,

and why he was now certain - - this was about two years

later - - he said well, he just remembered now. And it was

put to him what had refreshed his memory and he said well, 0 ,

1


nothing, he just remembered. 1

Now, my lords, on the face of it that may appear

to "be rather contradictory, "but, my lords, the evidence

is that the speeches in the Eastern Cape were mostly, -one

could almost say practically all of them - were made in

Xosa. When they were made in some other language it was 5

an exceptional circumstance.

BEKKER J: Well, if the witness had made that

reply it might have been different.

MR. TERBIANCHE; My lords, I am only on the ques-

tion of why he remembered then. 10

BEKKER J; But he didn't advance this reply.

MR. TERBLANCHE; No, he didn't advance this reply.

BEKKER J; If he had given that reply I could under-

stand your point, but he was given an opportunity and didn't

avail himself of the point you make. 15

MR. TERBLANCHE; He also said that he remembered,

my lords.

BEKKER J; Yes.

MR. TERBLANCHE; He couldn't say why he remembered.

He further said, my lords, that sometimes he left out 20

whole sentences and he did not indicate this in his notes.

If he did not understand the sentence he did not record it,

and he agreed that there may be quite a few such sentences.

And he also said that the Xosa language was full of idioms

- full of figurative speech. 25

KENNEDY J; Mr. Terblanche, what is the Crown's

submission on the reliability of Gaze as a witness?

MR. TERBLANCHE; My lord, the Crown's submission

is this, that Gaze admitted that he was a slow writer, he

made a lot of admissions in regard to portions left out, oq


sentences left out; his difficulty sometimes with the

idioms, to get it down correctly. But my submission is,

my lords, that as a witness the Court will accept that

that which is written down and which is intelligible was

actually said by the speakers.

RUMPFF J; What portion of the evidence do you

want us to look at? Is it what you've got here at page

20?

MR. TERBLANCHE; My lords, that is the first

meeting held and dealt with, and that is why I am now d eal-

ing with . .

RUMPFF Js Is he coming again?

MR, TERBLANCHE: Yes, my lord.

RUITPFF J ; Well, alright, look at this meeting;

what words do you want us to look at? At the top of page

20 there is the allegation that he spoke about the removal

of the WesternAreas, the boycott of Bantu Education - -

the topic he dealt with. You say that that topic appears

from what he said he reported.

MR. TERBLANCHE: Yes, that is how it was read

into the record, my lords,

RUMPFF J: I t ' s a summary?

MR. TERBLANCHEs Yes, my lord.

RUMPFF J: You say that we ought to accept, that

Mayekiso spoke about the Western Areas Removal.

MR. TERBLANCHE: Yes, my lord.

RUMPFF J: Nothing more.

MR. TERBLANCHE: Nothing more, my lord.^

RUMPFF J: Very well . Then you go on to the

next portion- and that is the . . .

MR. TERBLAMCHE: The cross examination on that


meeting, my lord.

RUMPFF J; And then, coming to what we must l>ok

at, the v/ords. This is the crusifixion of the volunteers.

MR. TERBLANCHE; Yes, my lord.

RUMPFF J; Is that what you want to rely on?

MR. TERBLANCHE; My lords, no, I 've just given

the cross examination. This cross examination confirms

what he has already said and that is that he may have left

out long sentences.

RUMPFF J; Yes, if he only recorded one and three

quarter pages of typed" report.

MR. TERBIANCHE; The Crown admits that, my lords. )

The Crown admits that there are lots of criticisms against i

these witnesses.

RUMPFF J; So that as far as this meeting is con-

cerned you want us to find that Mayekiso said something

about the Western Areas Removal and Bantu Education schools;

nothing more?

MR. TERBLANCHE; Nothing more, my lord.

RUMPFF J; Very well.

MR. TERBLANCHE; Then I turn to the A.N.C. meeting

held at Veeplaats on the 17th April, 1955, my lords. The

witness in this case is Sogoni and the chairman was Ntsangani.

And again, my lords, I only state that C. Mayekiso spoke

at this meeting and no particulars of his speech were given

in evidence. I put in the speech cf Sisulu but there was

nothing read in from Mayekiso's speech. I 'm therefore not

relying on that.

The next is a meeting of the A.N.C. held at Vee-

plaats on the 15till May, 1955; the witness was D/Native Sgt.

21835. MR. TERBIAMCHE

Sogoni, and ITtsangani was again the chairman- speakers

were Mini, Kepe, Nkwayi, Mayekiso, Tshume. Now, my lords,

there I put in the speech of Mini, Nkwayi who spoke before

Mayekiso, and from his speech was read in only that he

condemned the Bantu Education Act. I submit, my lords,

that there his speech wc.3 read in, that portion, summarised

and that therefore there is nothing to show that he dis-

associated himself from those speeches and that therefore

he at least knew what sentiments were expressed in those

speeches, and that he approved of them.

Then I turn to the meeting, my lords, held at

Veeplaats on the 29th May, 1955 - again the witness Sogoni.

and at this meeting Mayekiso was the chairman The speak-

ers were Stuurman, Ekwayi, Mfasa and Tshunungwa. I only

put in the speech of Mfasa, my lords, where he said: " I 'm

not going to say anything about Dr. Verwoerds schools

and my intention when I am cn the platform I want people

to listen carefully. I direct my speech to volunteers

and the time for them to work and not sleep has come.

When we call upon the volunteers to come forward we must

be determined to work, The volunteers must know that

if they sign the volunteer forma they are giving in them-

selves and their souls"

21836.

MR. TERBLANC HE

the Defiance Campaign are no more with us in the struggle.

You must understand the struggle is on. This is the last

phase in our struggle and after it freedom will be achieved

There are few who will reach freedom. The time has come

when the U.P. and Liberal Parties are going to come to the

A.N.C. and will be led by us. We must look forward to

freedom."

My lords, then the meeting of the 11th June, 1955

the witness was again Sagoni, and C. Mayekiso was again the

ohairman. And he spoke about the Congress of the People

to be held on the 25th June, 1955 and he dealt with the

demands to be embodied in the Freedom Charter. He also

spoke on Bantu Education. The speakers were Mati, Stuurman

and Tshume. Again he was the chairman, my lords, and

Mati made the following speech: (Page 9732 of record)

" I say stay away from Verwoerd's schools.

The time is coming when the Government provided with ma-

chine guns and rifles will be determined to destroy the

black people but that rifle will turn on him." There is

then a quotation from the bible, and then he deals with

Bantu Education and continues: "No matter what happens,

we are going to obtain freedom". "China people are en-

joying freedom". Then he refers to committees that

have been established to organise for the Congress of

the People and on page 62 he says, "We know that the

Government is going to try and prevent us from attending

the Congress of the People. On the 26th June, 1955,

when the Congress of the People will be ended we shall

remember the day of the Defiance Campaign. The bones

of Hintsa, Makana, Tshaka and others will meet us."

My lords, here there is also mention of the people

21837. MR. TEKBIANCHE

of China enjoying Freedom, that we find in the documents

and in other speeches at other places, and the reference

which we find in speeches recorded by other reporters too

about the bones of Hintsa, Makana and Tshaka that will

meet them, are shaking in their graves.

The next meeting, my lords, is the one held

at Veeplaats on the 3rd July, 1955; the witness is again

Sogoni and May a ki ho is again the chairman, and he said it

was fortunate that they were back from the Congress of the

People and that the Freedom Charter was drawn in their

presence. He also said that his copy of the Freedom Charter

was taken from him at Johannesburg,

My lords, I wish to point out here that later

we submit that the accused actually attended the Congress

of the People and that certain papers were taken from him

at the Congresso

Then, ny lords, after Mqota had spoken Mayekiso

is reported to have said that he asked the people present

at the meeting to adopt the Freedom Charter. He also

stated that South Africa was now a Police State.

My lord3, tho next meeting is the meeting

held at Korsten on the 10th July, 1955, witness again

Gqbo. Speakers wore Ifeya.d.so, Vanga and Ntsangani,

Mayekiso spoke on the Peoples Congress, the desirability

of abolishing passes, that he wanted people like Prof.

Matthews to re.preReat themin Parliament, And in cross

examination ol this meeting, at page 10010 was to the

effect that the meeting took two hours and 35 minutes

and is recorded on pages.

The next, my lords, is an African National Con-

gress Youth League meeting held at Veeplaats on the 18th

21838.


September, 1955. The witness is again Sogoni; on this 1

occasion W. Mati was the chairman and the speakers were

Fuyani, Mini, Mayekiso and Tshume. Mayekiso is reported

to have said, my lords, at page 9745, "The time is coming

when the leaders will be amongst those sitting. I 'm not

5

going to say much but I can tell you that the A.N. C. is

the mother body, it has born the A .N .C .Y .L . and the

A .N .C .Y .L and volunteers. The struggle is advancing and

as a result of that the Dutch people are deporting the

leaders."

Then he referred to the boycott of schools. 1 0

He again spoke after Mini, my lords, but he did not die-

associate himself from Mini's speech which I quote at

page 26, where Mini refers to MQroka where blood was shed'

- it was later on decided to talk about peace in order to

avoid further bloodshed. Here in South Africa we are I 1 5

pleased with half a loaf and suggest that our people in

other countries are dying on account of the struggle for

freedom. And he continues: t:If a person dies for some-

thing good will never be forgotten in history. We read

daily and we know what happened to the Israelites when 20

they left Egypt". Then he refers to Capitalist America

and England and he says he cannot get up and say Africa

is going to be destroyed. The uplift and downfall of

Africa lies on us. The heroes of this country dies trying

to save this country, for instance Tshaka, Makana and 25

others."

The same themes, my lords, the struggles in

other countries, America is a Capitalist country - how

they oppress people.

Then, my lords, I deal with the meeting of the 30


South African Congress of the South African Coloured

Peoples Association held at Port Elizabeth on the 2 7th

November, 1955. The witness was Fritz and Fritz, my

lords, is a Coloured Detective and when he gave evidence

he had been attached to the Security Branch for about

ten years. He took his notes in Afrikaans, he took his

notes from the interpretation, my lords. I f there was an

interpreter at a meeting he took his notes from that in-

terpretation0

Under cross examination he said that he took his

notes in longhand and apart from what was in his notes he

remembered nothing of what was said. It w as impossible to

take down everything that was said; his notes do not con-

tain any punctuation marks. He said that as he had read

out the notes he thought they were all complete sentences.

He says if he did not hear or understand a person he did not

write it down. There were sentences missing out of his

reports of speeches, and he does not understand any native

language.

Now, my lords, in my submission it is again to

be the same with this witness as with any other longhand

writer; he has admitted he left out many things, which

is also clear from his reports.

My lords, at this meeting one S. Fischer was the

chairman and the speakers were Mayekiso and Resha. No

particulars of the speech of Mayekiso was given in evidence

and therefore, my lords, I won't refer to the speech of

Resha . . .

RUMP-̂ F J: You won't what?

MR. TERBLANCHE; Refer to the speech of Resha, my

lords, because there is nothing to show that he disassociated

21840.

MR. TERBLANCHE

himself from that speech, Nothing was read in from

his speech.

My lords, then the meeting of the Action Work-

ing Committee of the Freedom Charter, at Eastern Cape,

held at Korsten, on the 11th December, 1955. The witness

was again Sogoni, Tshume was the chairman and the speakers

were Mini, Fletcher and Mhyekiso. Mayekiso also acted

as interpreter , , ,

BEKKER Jj I just want to take you back. I want

to know: you say you are not reading anything from the

speech of Resha?


BEKKER J: Because you don't know whether he

associated or dis-associated himself from it?


BEKKER J : What I want to know is, do we ignore

Resha's speech? As far as Meyekiso is concerned?

MR. TERBLANCHE: Well, my lords . . .

BEKKER J: 1 want to know exactly what you mean;

are you relying on it as far as Mayekiso is concerned?

MR, TERBLANCHE: I 'm relying on the fact that

Mayekiso attended this meeting and that he spoke at this

meeting.

BEKKER J; Yes.

A n d i't was one of the meetings

organised for the purpose for which I have stated, that

he took an active part in that.

RUMPFF J: According to this information on

page 27 Mayekiso spoke before Resha; is that correct?

MR. TERBLANCHE: That is correct, my lord,

RUMPFF Ji Is that what the record says?

21841. ME. TERBLANCHE

MR. TERBLANCHE; That's what the record says, my

lords.

HJMPFF J; Yes.

MR. TERBLANCHE; I'm only relying on the fact that

he attended this meeting, my lords, of another organisation

and that he spoke at that meeting - another organisation

which the Crown alleges was in this conspiracy; 1he South

African Congress - the South African Coloured People s Orga-

nisation.

Then the neeting of the Action Working Committee,

at which one Fletcher spoke, and Mayekiso acted as inter-

preter for this speaker. Fletcher about the Liberation

Movement - the struggle for liberation. Mayekiso, my

lords, spoke and he said that they were repeating what

took place at Kliptcwn at the Congressof the People when

the Freedom Charter wasborn and they wanted to confirm it .

He invited the people to go to a table and give their sig-

natures for the Freedom Charter. He also said that in China

the people became free because they were united. He also

called for volunteers.

There is also evidence, my lords, that at this

meeting Mayekiso distributed Freedom Charter signature forms

before the meeting started0

Thenthe African National Congress meeting held

at Korsten onthe 31st January, 1956; witness was ag ain

Sogoni - Mayekiso was chairman, and he is reported to have

said "This is the yearly meeting and in this meeting you

are going to be given a report of the Annual A.N.C. Confer-

ence held at Bloemfontein. This report is a written state-

ment which was prepared by the Sevretary. Then there was


read in, ray lords, " I wish you success in all decisions 1

you have taken this year as we must achieve freedom in

your lifetime. Our struggle is passive. During the la st

three years we have seen people who have been faithful

and unfaithful in the struggle - in their struggle. "

That's a portion read in by the Defence, ray lords. 5

"As from 1952 the Defiance Campaign of unjust laws

was started, and after the defiance we felt confident that

freedom wasto be achieved. The freedom struggle by the

Africans has been extended to all over the world and now

we have coloured people aLso fighting for freedom." 1 0

Then there w ere speakers Tshume, Nkwayi and Mini.

And he stated in his report, amongst other things, that C.

Mayekiso, accused 22, was elected as a member of the National

Executive Committee. At this meeting Mayekiso waselected

chairman. Chairman of the Branch, my lords. 15

Now, my lords, inthe next section, section D,

I deal with the documents possessed by this accused, and

I first deal with the documents relating to the African

National Congress and the f irst , CM.3, is a Presidential

address to the Provincial Conference of the African Na-

tional Congress, Cape, held at Cradock on the 15th of

August, 1953. I t ' s a roneoed document, my lords, and it 's

the s ame as 3 , 17 . It wasread in as Bc17 at page 1144, my

lords.

pc.

The document contains the Secretarial Report

and also the Resolutions adopted at the Conference. The

Congress of the People and the drawing up of the Freedom

Charter was for.the first time suggested at this Con-

ference, your lordships will remember, and this conference I

21843.

MR. TERBLANCHE

also reaffirmed its belief in the Programme of Action - 1

that was read in, my lords, at page 1261 of the record,

lines 4 to 15 •

KENNEDY Js Well, you've listed all the documents in

the next few pages, have you?

MR. TERBLANCHE: I 've listed all the documents, my 5

lords .

KENNEDY J; Is there anything to which you particu-

larly want to draw our attention?

MR. TEEBLANCHE; My lords, in my submission which I

make at the end in regarcl to the accused's position, in

regard to the conspiracy, at page 37 > your lordships will

see that I make certain submissions. First I deaL with

the positions held by the accused and I say that these

positions are all set out in pages 1 to 5 of the Summary.

RUMPFF J; Mr. Serbianche, I think the question was,

in regard to the list of documents found, is there anything

that you want to refer us to in regard to any particular

document ?

MR. TERBLMCHE. My lord, I just want to explain

20

why I may have to refer your lordships to those documents

or not.

RUMPFF Ji Well, you can just say you think it

necessary to refer us to one or two.

MR. TE KB LANCHEs My lord, it may not be neces-

sary. Your lordships will remember that in regard to

the organisations, later on we did not read anything because

we had listed the portions we relied on under certain

headings. Now, I have followed more or less the same pro-

cedure here, by making these submissions and then referring

21844.

MR. TERBLANCHE

to if your lordships look at page 38, for instance

I s ay there in ( l l ) ( b ) : "The accused supported the

Liberation Movement and the achievement of a newstate.

He held the view that the government would grow more

oppressive but in spite of that decided to continue with

the struggle." And there I refer to TT013 at page 8

of the Summary, my lords ? and I give the page in t he

record too.

Now, these are all the documents which I have al-

ready dealt with and with which I was going to deal now.

RUMPPF J: But where is TT.13 in your Heads of

Argument?

MR. EBRBLANCHE: TTe13, my lord, is at page 38.

RUMP?F J: Yes, I know.

MR. TERBLANCHE; And I s ay at page 8 of the Sum-

mary. If your lordships would turn to page 8 of the

Summary you'll find TT.13 listed there. I 've dealt with

that, my lords.

Paragraph 7.1, my lords, deals with the accused

as being the author of a document at page 7 to 10 of the

Summary? and also document 011*40. That is at page 49

of the Summary? my lords. These documents show he was

active in the Congress of the People campaign and then

I make further submissions, my lords; I say on which

documents I base those submissions. Now, the same I've

done in regard to the documents which he only possessed,

but of which he was not the author, my lords, in para-

graph 13 for instance.

RUMPFF J ; Well, is your answer now in regard

to the documents which you have set out, from page 30

onwards, do you submit that you have set them out there,

21845.

MR. TERBLANCHE

you have referred to them, you have referred to certain

particulars, and you are now coming to deal with your

sihmissions - the inference to be drawn from all this -

and in your submission you will refer us to some of the

documents?

MR. TERBLMCHE; As your lordship pleases.

RUMPFE J; Well, just proceed to do that then.

MR. TERBLANCHE; My lords, my submission . . .

RUMFPF J; You are starting now at page 37 -

MR. TERBLMCHEs Page 37, my lord. My submission

is , my lords, that the overt act for conspiracy has been

proved against accused No.22. It is further submitted,

my lords, that the hostile intent of accused 22, and his

adherence to the conspiracy, has been proved by the facts

which I have dealt with so far and the documents possessed

by him with which I will deal. I then again set out, my

lords - and I don't think I need repeat it - the positions

held by 1iie accused, except that I specially wish to draw

jour lordships5 attention to paragraph 8 on page 37, where

the accused attended a meeting of the National Executive

Committee of the A.F.C. on 25/6/1955 before he w as a

member.

RUMPFF J; Why do you specially draw our atten-

tion to that?

MR. TERBLAMCHEg My lords, it is not a position

held ^ it ' s in between there, that's why I draw your lord-

ships' attention to it .

RUMPF'j' J; Oh, yes.

MR. T'jRBLANCHEs My lords, then I have dealt with

the documents . . .

21846.

MR. TERBLANCHE

BEKKER J; Mr. Terblanche, just a moment. Turn

back to page 37.

MR. TERBLANCHE; Yes, my lord.

BEKKER Jt B - "It is further submitted that

the hostile intent and adherence to the conspiracy have

been proved by all the facts proved against him, namely?"

Are these all the facts you rely on?

MR. TERBLANCHE; These are the facts I rely on,

my lords.

BEKKER Jt In support of the hostile intent and

his adherence?

MR. TERBLANCHE: Except, my lords, that a s far

as the hostile intent is concerned, your lordships can also

use any other overt acts charged against him to find his

hostile intent.

BEKKER J: I»m not on what may be used. I want

to know, are these, from 1 to 9 - are those the facts you

rely on, the Crown relies on, to support . . .

MR. TERBLANCHE; Oh, no, my lords; no, no. «

Right up to page 46, my lordsc

BEKIE R J; Ye s.

MR. TERBLANCHE; 1 to 10 , my lords, is really

only the positions he held.

BEKKER J; I t ' s my mistake, I misread it.

MR. TERBLANCHE; My lords, I need not repeat

those positions. Then I say that accused was the author

of a document set out on pages 7 to 10 of the Summary,

and also the document CM.40, dealt with at page 49 of the

Summary. My lords, that is the document taken from him,

the draft speech which was taken from him at the Congress

of the People held at ICLiptown. Nov/, my lords, these

21847.

MR. TERBLANCHE

aocunents show that he was active in the Congress of the

People campaign; the accused supported the Liberation

Movement and the achievement of a new state ; he held the

view that the Government would grow more oppressive, but

in spite of that decided to continue w ith tie s truggle •

That I rely on, ET„13» at page 8 of the Summary. He

expressed the view that the government was madly bring-

ing South Africa into a police state. On that I r e L y

on CM.4-0, my Lords. Page 935.

"The accused advocated unconstitutional and mass

action to makn it impossible for the government to enforce

its laws, in spite of the fact that he knew that the State

may take action which may lead to violence and he threatened

those who did not join them in the struggle." That I also

take from CM«40, my lords,

"'he documents set out in the Summary at pages

10 to 12 show that the accused attended a meeting of the

National Executive Committee of the A .N .C . on 25/6/1955>

BEKKER J ; Mr. Terblnnche , you're going a bit too

rapidLy as far as I'm concerned. What is this CM.40?

MR. TERBLANCHE: My lords, that was a draft

speech which was found on his person at the Congress of

the People.

RUMPEF J; Where is that dealt with in these

Heads of Argument?

MR. TERBLAHCHS; At page 49, my lords, when I

deal with it - that is an overt act against him.

RUMPFF J; Page 49?

MR. TERBLANCEE: Yes, my lord.

BEKKER J; Where is the speech at page 49?


MR. TSRBLANCHE; I ' l l deal with that, my lords,

when I get to it .

RIMEFF Js But that's the wrong way round; you

don't start off . . .

MR,, TERBLANCHE; I t ' s at page 935, my lords, of

the record*

RUMPFF J; Just a minute. Y/here does it appear in

your Heads of Argument? Page 49?

MR, TjJRBLANCHEs Page 49. my lord. The document

on which this overt act is based is CM,40o

RUMPF? J: So that sub-paragraph 11 at page 38

should read, the third line, 15 dealt with at page 40 of

the Summary",

MR. TERBLANCHE; No, my lord, page 49.

RUMPjj'F J; 4o, not 39?

MR. TERBLANCHE; My lords, I'm sorry, that correc-

tion apparently hasn't been made.

RTMPEF i J % If you refer to the conspiracy and the

adherence and the hostile intent, and you say what your

submissions are, and you rely on a certain document which

you haven't relied on before you come to this submission

you should deal with it .

I f l l do so now, my lords.

RUMPĴ F J; You can't read it and then later refer

us to it agai i,,

MR. 'TERBLANCHE; My lords, CM.40 I've stated

was found on the person of the accused at the Congress of

the People; .;hat I have already stated when I dealt with

the searches; my lords, and I have also stated that it was

admitted .

RUMFFF J; Yes.


BEKKMR J: Where is the speech5 what did he say?

That's what I wa nt to know.

MR. TERBLANCHE ; Yes, ny lords, I ' l l give it to

your lordships. It 's at page 935 of the record. My lords,

it starts on page 934 and it says; The docunen is headed

"There shall be peace and friendship" - an address by C.J .

. . . . .

RUMPFF J; Just a ninute; you say this docunent

was found on his person; it 's a manuscript?

MR. TERBLANCHE; Yes, ny lord, and it is a manus-

cript document.

RUMBEff J; And what does it purport to be?

MR. TERBLANCHE; This is how it is headed, my

lords?

RUMPPF J; What?

MR. TERBLANCHE; "There shall be peace and friend-

ship" - an address by C . J . Mayekiso to the C.O.P, "

BEKKER J; Bid headdress the C .O .P .?

MR. TERBLANCHE1 My lords, we don't know. Your

lordships will remember that at a certain stage the police

entered and thereafter no notes were taken of the proceed-

ings at the Congress of the People.

BEKKER J% So you don't know whether this docu-

ment, whether the contents were uttered?

MR. TERBLAWCHE; No, my lord, but we submit that

he was the author of this document, and that he prepared

it for the purpose of disseminating the contents. My

lords, the document reads as follows; "Mr.Chairman,

fellow South Africans: I am proud to say that to-day the

birds and other creatures of God are singing songs of

joy and glory because a gigantic Congress of the People

Collection: 1956 Treason Trial Collection number: AD1812

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University of the Witwatersrand...port on the A.N.C Conference. 7/7/1954, amongs; th peret - sons...

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Transcript of University of the Witwatersrand...port on the A.N.C Conference. 7/7/1954, amongs; th peret - sons...