- 2951 - (Labuschagne) (Exh. l.JM. 64 ...

Man's stature has "been raised and his horisons bound-lessly expanded.....

Then page 2 deals with the activities of the A.N.C. and the Indian Congresses, and certain matters with the Defiance Campaign. On page 3, it refers to the objects of this jour- (5 nal Liberation, which have been dealt with already, and I only hand in this document for possession. The next is 1,JM«66 for possession only, it is a document "What is the W.F.D.Y." publication of the World Federation of Democratic Youth." The next is 1.JM.67A, this has been read in under (10 A.49, and on the outer page it bears the signature of J.P; Molefe, 29/5/1955. 1.JM.67E, constitution, African Nat-ional Congress Youth League, revised constitution, for possession only. The next, Milords, is a document which states S.P.T.C. Executive Meeting held on 14/8/56, that (15 is l.JM.67D, and S3rgeant, do you know what the words or letters E.P.T.C. stand for ? — I don't know.

It states at the meeting were present inter alia S. Molefe and M. Asmal. The next 1.JM.67E. stated to be a joint meeting between the Executive Committee of the (20 E.P.T.C. and directors of the E.P.S, It says -

The E.P.T.C, Committee was represented by ..... J.S.P, Molefe, J.M. Kumalo, M. Asmal, V. Make, ....

I hand this in. The next is 1. JM.67F, a joint meeting (25 between the E.P.T.C. and E.P.S., held on August 11th, 1956, and it says - Present, E.P.T.C., J. Molefe, V. Make, M. Asmal and certain other names are given. The next is l.JM.67.G, an E.P.T.C. Meeting, 10th July, 1956, states; Present, J. Molefe, V. Make, J.M. Kumalo, M. Asmal, and (30 certain other names.

- 2952 - (Labuschagne) (Exh. 1.JM.41)

Then there is a document, two documents not on Your Lordships list, the one is 1,JM.41,which is a manuscript document, resolution. Now, Sergeant, will you just see if you can identify this document as one of the documents which you took ? — Yes, I made a note here, and then it (5 was endorsed "by Det. Sgt. Vessels in my presence.

This document reads as follows -This Conference views with profound alarm and dis-gust and protests most vehemently against the bans imposed on the leaders of the eople under the ^re- (10 text that they are promoting feelings of hostility between black and white. On the contrary, it is the nationalist Government of Dr. Malan which is engaged as never before to promote the spirit of race hatred in this country through the passing, in parliament(l5 primitive and barbaric legislation against the black people such as the pass laws, Suppression of Com, Act,, Group Areas, Public Safety, Crim. Law Amend, Proclama-tion banning meetings, Bantu Education, Native Labour and Settlement of Disputes, Sep,Rep. Bills and many (20 other anti-black legislations. We demand the immediate withdrawl of bans and restrictions imposed on Chief Luthuli, Dr. Dadoo, J.B, Marks, Moses Kotane, D, Bopape Joe Mathews, Nelson Mandela, Dan Tloome, A, Madibe, Michael Scott, Michael Harmel, Hilda Watts and many (25 other gallant fighters for freedom °nd democracy. Conference pledges its full support to fight to the bitter end or until S.A, becomes a happy andprosperous country for all.

Then there is another document, 1.JM.62, which I just want (30 you to have a look at and see whether you can identify that, and if you can't just say so ? — No, I cannot.

- 2953 -

CROSS-EXAMINATION RESERVED: JOHANNES LUDEWICUS VENTER, duly sworn, EXAMINED BY MR. TRENGROVE; Sergeant Venter, do you remem-ber the 27th September, 1955 ?-- Yes.

When you conducted a search at a certain office for (5 documents ? — Yes,

Do you remember where that search was conducted ? — Yes.

Where was that ? — That was at office No. 15, 114 Jeppe Street, Johannesburg. (lO

And who pointed out the office to you ? — There was a clerk by the name of ....

You had a search warrant ? — I did, and there was the number 15 on the door, and there was a clerk, Bopape.

And he pointed out this office to you ? - He did. (15 Your search warrant was in respect of documents in

respect of which person — did it refer to any person ? — The warrant referred to the person of W.M. Sisulu.

Now, at the search, were you accompanied by anybody ? — I was accompanied by Det. Sgt, Kriek at that time. (20

Now, this office that was pointed out to you, did you and Det. Sgt. Kriek there take possession of certain docu-ments ? — Yes.

Would you have alook at the documents in the white cover in front of you ..... was this office only one room (25 ? — It was only one room.

And were all the documents found in the same room ? — Yes, in the same room.

Will you have a look at the documents in front of you ? — ^es, they are here, (30

- 2954 - (Venter) (Exh, WS, 59 ....)

WS,59, WS.60, WS.61, WS.62, WS, 63, WS. 64, WS. 67, WS.69, WS. 70, WS.72, WS.73, WS.74, WS. 75, WS, 77, WS.78, WS, 79, WS. 80, WS.81, 82, 83, 85, 87,WS.89, WS,90, WS.91 ? — Yea, that is correct,

BY MR. FISCHER: Milord, just before my learned friend (5 leads evidence on these documents, it would seem to me that the evidence is inadmissible, unless this witness knew what the office was; it is only hearsay, BY MR. TRENGROVE: Milords, my learned friend may not "be aware of the fact that on the record there are admissions (10 these documents were found in the office of the Accused, Sisulu, i.e. the Preparatory Examination record, page 1434. BY MR. JUSTICE RUMPFF: Yes, hut unless you rely on that I take it Mr„ Fischer is in a position to draw the Court's attention to that, and unless further evidence is led, (15 this evidence appears to he irrelevant. BY MR. TRENGROVE: Yes, Milord, we haven't put in these documents yet, they are not before Court yet, the witness has just looked at certain documents, and said those docu-ments he found in that office, that day, and before putting(20 them in we will lead evidence to make it admissible, EXAMINATION BY MR. TRENGROVE CONTD.: Now, Sergeant Venter, these documents together with other documents, that you have just been referring to, those you found in this office on that particular day when you conducted the search, you (25 and Sgt. Kriek ? — Yes.

Now, later that day, did anybody turn up at that office while you were there ? — Det. Sgt. Rupertand there was a native male with him.

Now, who was this other person that came along with (30 Sgt. Rupert ? — That was the person occupying that office

- 2955 - (Venter) (Exhs. WS.59 )

that we searched that morning. What was his name ? — His name was Walter Sisulu. And are you able to identify him in Court ? — I

think so. Step down from the witness "box, and if you see him (5

anywhere in Court, will you point him out ? — (Witness identifies Accused No. 19)

Now, this person that you have just pointed out, you say that he accompanied Sgt. Rupert and they came there while you were in the office ? — That is correct. (10

Was anything said about these documents that you had found in this office by any of these persons ? — We made out a list as we took possession of each document and the

different place. Was Sisulu asked anything about the documents ? — He (15

was asked to look through the documents, and he was satis-fied that these were documents from his office. BY MR. JUSTICE KENNEDY: How was he satisfied ? — He looked at it.

And what did he say ? — He said that is correct, he (20 is satisfied that these are the documents from his office. BY MR. JUSTICE RUMPFF: Did he look at the list also ? — He looked at the list also.

And the documents ? — And the documents, EXAMINATION BY MR. TRENGROVE CONTD.: And you hand in (25 these documents ? — Yes.

WS.59. is a book "Dialectical Materialism" Vol. 2, Historical Materialism by Maurice Concor. We hand this in for possession only. The next is a typed document, WS.60. with certain pencil alterations,, and I read cer- (30 tain portions from this document -

Never before has the leadership of our country been

- 2956 - (Venter) (Exh. WS.60 ....)

so challenged by the present historic events at home and in the world, to give an unequivocal answer as to how best they are to solve the almost unique and un-bearable situation in South Africa, created by the policy of baaskapism. Never have they been so closely(5 watched with such great interest by their people and peoples of other lands. For how long are we going to tolerate this position. What do they propose doing about it? To this the leaders reply "The Freedom Charter points the way." Yes, we all agree, but not (10 so easy, friends. Political and organisational prob-lems have long blocked the way to freedom. What do we say to those? The time has come for a thorough re-examination of grave organisational problems in the liberatory movement, so long neglected, if we are to (15 succeed in our task of liberating the broad masses of the people from the yoke of nationalist oppression. These organisational problems in our struggle do not seem at all to grow less, but on the contrary they are becoming more complex as the people grow more con- (20 scious and impatient with the slave system. The entire leadership is confronted with this serious situation of putting their organisational machinery on a higher plane capable of carrying out the great task before the country, the implementation of the (25 Charter. The organisational problems are dangerous-ly shaking the foundations of our mighty force, which

can only be invincible if these incorrect, wrong, primi-tive and feudal ideas are removed and not perpetuated by the leaders from time to time. If these undesir- (30 able methods which harm the struggle are not immediately attended to, the masses will not wait for a solution to

- 2957 - (Venter) (Exhs. WS.59 )

to he found. They will go ahead and the leaders will follow in the tail of the masses. A graver situation will then arise and he taken an advantage of by the enemies of the people. Eortuntely for us we are in a position to correct these things, discard the old and (5 useless methods which have hitherto been our lot. The Freedom Charter creates a clear vision in which the true meaning of freedom has been explicitly expressed, and for which our political propaganda and organisational machinery should be prepared. It is true that the (10 A„N.C. Secretarial report submitted last year to the annual conference made serious attempts to draw the attention of delegates to this very disturbing organ-isational problem most emphatically and iade specific suggestions. But to solve these problems require more (15 revolutionary methods than the report was able to show. The fundamental causes of the general weaknesses should be properly analysed, they must be sought in the set-up of the country and in the general living

conditions of the people. (20 I refer next to page 2, next paragraph ,.

We live in a country of varying degress of cultural and social development in a country of different nation-alities and of different colours. We have rich and poor people, the oppressor and the oppressed. The (25 European population of our country commands economic and political power but has also different social, cultural and economic divisions. The non-European population is also divided into social, cultural and economic groups with no economic and political (30 power. It constitutes the most back-ward and poorest

- 2958 - (Venter) (Exhs. WS.59 )

section. This is especially true of the Africans. We have industrialists and industrial workers, the urban population. We have the farmers and farm labourers -rural population. We have Indians, Coloured, Europeans and Africans all living together and inter-dependent (5 but the people are superficially divided into racial groups, and some into water tight compartments in the reserves, locations and compounds. Others live in what is known as European areas, Coloured, Indian or Chinese Areas. All these people are South Africans.(10 The majority of them have a common objective irrespective of the racial groups they may belong to. They wish to live a free and peaceful life. We have in this struc-ture of cur society remnants of past and backward eco-nomic systems, and especially feudal systems. If these(15 systems appear to be obscured by the present capitalist system, thepast is very much in the people's minds and influences many in their actions and outlook. Our organisational difficulties and indeed all our politi-cal problems should be examined against this background. (20 The background of unequal development and the background of master and servant without which no clear picture could be drawn. It is only from an objective clear

analysis, frank and honest critical examination that a lasting solution based on the realities of the situa- (25 tion can be found. You asked me "Why have we not found the solution before," was it because no capable leaders

t,

could analyse this situation objectively? No, not because of that, we have had and still have some of the most outstanding political thinkers, who have profound know-(30 ledge cf political science. But they are no machines, these things have to be raised and discussed with them.

- 2959 - (Venter) (Exh. WS.60)

And then it deals with the problem of leadership, and I turn to page 6 -

One of the main tasks of the leadership both in the political and economic spheres is to give vigorous education to the oppressed and exploited masses of (5 our people about the inextricable interdependence of the political and the economic struggles. This fundamental truth emerges more sharply in all colonial and semi-colonial countries; wherein people suffer dual forms of exploitation and oppression as workers (10 and as national groups. My immediate task, however, is to deal with the National Liberation movement and trade unionism in Africa. Africa, as you know, is the only continent which is still entirely dominated by the Im-perialist powers. Even South Africa with its so-called(l5 independent status has within itself imperialist fea-tures. In other words, the non-Europeans are oppressed both as a national group as well as an exploited working class as a cheap labour force. All the political and economic power is concentrated in the hands of a few (20 Europeans. This evil of imperialism in our country is further shown by a determined plan to extend this white domination beyond the borders of the Union of South Africa. The Union Government is a full partner in the exploitation of the material resources of Africa and (25 its indigenous people, with such countries as the U.S.A. Great Britain, Belgium, Prance, Spain and Portugal. Is the leadership in Africa aware that the victory against Imperialism can only be won and imperialism uprooted by forging strong ties of alliance between (30 the workers movement and the national liberatory move-ment. Yes, since world war II efforts in many parts

- 2960 - (Venter) (Exhs. WS.59 )

of Africa have been directed along the lines and especially in French Colonies North and West Africa. The same can be said of British Colonies West, East and Central Africa, South Africa, although the most ad-vanced industrial country in Africa, and having the (5 most enlightened leadership has not made nrach progress in the field of trade unionism as compared for instance with French North Africa. This is due to the fact that while the workers who have trade union facilities....

BY MR. JUSTICE RUMPFF: What do we listen to this for? (10 All this about trade unionism, and so on; is this to join Sisulu to this particular point. BY MR. TRENGROVE; Yes, to join Sisulu. BY MR. JUSTICE RUMPFF: Isn't he according to the schedule a member, an official of a number of organisations? (15 BY MR. TRENGROVE: Yes, Milord. BY MR. JUSTICE RUMPFF: How does this take the matter any further then, but carry on..... EXAMINATION BY MR. TRENGROVE CONTD.: Yes, Milord, I will just read the last paragraph then. (20

Its leadership definitely accept the fact that unless much attention is given to the building up of a powerful trade union movement, the A.N.C. is not likely to make headway. The President of the A.N.C. has asked Con-gress not only to organise trade unions as their duty (25 but also to find money to assist those financially weak trade unions. The African National Congress for the first time included a demand on behalf of the workers of a minimum wage of one pound a day. Unfortunately this hasnot been followed up both by te A.N.C, and (30 the trade union movement. The coming into being of a real workers Federation of trade unions led by Piet

- 2961 - (Venter) (W.S.60)

Beyleveld, and Leslie Masina, both forefront leaders in the liberatory movement, and the fact that the S.A.T.C.U. is a national body consisting of all races, open another era in our struggle. This article has only dealt with broad principles on the subject of (5 alliance between the liberatory and trade union move-ments.

WS61 is a New Age, 15th September, 1955, handed in for possession. WS.62, is a Liberation, dated June 1953. WS.63, is a manuscript document in pencil, "Alliance of (10 the National Liberatory Movement and Trade Unionism in Africa." The Crown will ask the Court to compare this with "Workers Unity" already handed in. I am not reading the article there. The contents of this document are much the same as the contents of AM.37. The next is WS.64, (15 a booklet without a cover, the first article of which is "The Zero Hour Chance," and it is handed in for possession only. Notes of the month, zerio hour chance, new hope in Europe, at Bandung, by Chou-en-lai, Einstein's place in history by J.D. Burnal, Guatemala a Year Later, by A.B. (20 Magill, the Minstrel of the Roads,by Ponta, Maxim and the I.L.P. by William Gallagher, Guatemala., Mural by Deigo Riviera and 25 years ago. Book reviews, return to reality by the Rev BY MR. JUSTICE RUMPFF: We have that all on the record, (25 plus the title; what inferences will you ask us to draw from that. BY MR. TRENGROVE: Milords, it is to identify this booklet; we are merely handing it in for possession.

BY MR*. FISCHER: But Milords, even there, with great respect, it is quite impossible for the Defence to ascertain, or to

- 2962 -(Venter) Exh. WS.64

guess even what inference is to he drawn from the Aocused's possession of this. BY MR. JUSTICE RUMPFF: Well, I presume that if the documents which are handed in for possession only will he dealt with at a later stage. (5 BY MR. FISCHER: That originally appeared to he the position, hut there are so many of them now, Milords, that I cannot imagine anyone is going to refer to this, and I am left with the puzzle as to whether I have to find out what Ein-stein's theory meant. (10 BY MR. JUSTICE RUMPFF: Mr. Fischer, I think you drew the Crown's attention to the fact that they wanted it typed in with the table of contents, so Mr. Trengrove started read-ing this table of contents. He left it out, apparently he wanted it in for possession only, and we presume that at a (15 later stage a witness will come and refer to portions of that document. BY MR. FISCHER: Well, if my learned friend gives me the assurance that somebody will deal with this,,,,, BY MR. JUSTICE RUMPFF: I have been proceeding on that assump-(20 tion all along. Because all these documents that have been handed in for possession only mean nothing, unless they are dealt with at a later stage, BY MR. TRENGROVE: That is so. This document which my lear-ned friend sees from the schedule in front of him, is a docu-(25 ment referred to in Column 2 Schedule 4, which the Crown alleges to be possession of Communist literature, and that will be dealt with at a later stage.

The next is a manuscript document, WS.67, and it is a document in a Bantu language, and the translation of this (30 document will be handed in at a later stage. BY MR. JUSTICE RUMPFF: Just to revert back to the previous

- 2963 - (Venter) (Exh. WS. 67 ....

matter, obviously when your list says "Type in,...." something, and you do not read that while you are dealing with the document, that shouldn't "be typed in. I think that is what Mr. Fishcer is anxious about, because then there will be evidence on record that has not been read (5 out. BY MR. TRENGROVE: Milord, these lists are no longer made available to the stenographer. They are kept with us, the stenographer only types into the record what is actually read in by the Crown. (10

The next document is a typed document, WS,69, which reads as follows -

One of my happiest experiences during my visit to the great land of the Soviet Union was a surprise and exciting announcement by Comrade Sonia an offi- (15 cial interpreter to the South African delegation that arrangements had been made for our delegation to visit one of the Central Asian Republic.s We learnt later on in the day that we were to be joined by the Middle East delegation all of whom had become very (20 friendly to South Africans. They had taken a great interest in the "Afrika Salute." This long journey was in addition to our long travels in the land of the Soviet Union as we had entered the country through Poland via Moscow across Siberia to Manchuria and again(25 to Moscow from Peking. We flew through the Mongolian Republic a journey which took 12 days by train and 2 days by plane. On the 10th November, 3 days after the great celebrations of October, we were also fortunate to attend, we took off from Moscow by plane for the (30 Soviet Republic of Azerbijan, Azerbijan is one of the sixteen republics of the Soviet Union.

- 2964 - (Venter) (Exhs. WS.59 )

And then the article continues to deal with certain places

visited "by this delegation. I refer only to the "bottom of page 2, where the writer of this article refers to cer-tain discussions that he had,

Onenight when we were discussing our experiences in (5 the country, I asked the following questions: "What were the reasons for your country to join the Soviet Union Republic, s What are the "befits of such links and in which way are you better off than the position before such a Union." The friend whom I directed (10 these questions to said that these questions were of great interest and importance. We would rather that they were answered by a senior man to the whole dele-gation. He accordingly made the necessary arrangements. On our last day in Baku a professor of geography was (15 introduced to us, who was requested to deal with the questions we had asked. He hung a mapon the wall and gave us a brief history of Azerbijan and its people. He told us about different empires which changed hands on that same place. He then pointed out to us the (20 present boundaries and gave us the population which numbered more than three million people. He said that for the first time the people of Azerbijan enjoyed com-plete freedom. They were free from the domination of the Russian nation which exploited its people and its (25 wealth forced its language under the Czarist Russia.

The rich mineral resources of the country were now being used for the benefit of its country. The back-wardness of the country and its people was a thing of the past. They now enjoyed free and compulsory educa-(30 tion. They were using their own language, cultural standards of the people were raised. They elected their

- 2965 -(Venter) (Exhs. WS.59 )

own government and the head of the state. He then explained the details of their constitution.

I hand in this document. WS.70. is a booklet, South Africans in the Soviet Union, it is already in as WS.2. The next document is a typed document, WS.72, The Alliance(5 of the Liberatory and Trade Union Movements, which deals with the part the trade unions can play in the liberatory movement. At the end of the article, after dealing with that, it says

Such is the situation in North Africa similar in many (10 respects to the South African scene. There are of course differences, one of which is the fact that the struggle in this region has reached a higher phase than in ours, and that the standard of organisation in the trade union and liberatory movement created (15 strong and solid opposition that has forced the rulers to negotiate,

I hand in this document. WS.73. "Liberation" 12th Sep-tember, 1955, as much as will be read in under G.1114. WS.74. is a bulletin, New Youth, Vol. 1 No. 9, September (20 1955, it has been dealt with under B.7. WS.75. "Fighting Talk" Vol. 2 No. 7, September, 1955, as much as will be read in under G.1132. WS.77. typed document, which deals with the events at Kliptown on 25th and 26th June, 1955, when the Freedom Charter was adopted. WS.78, a bulletin (25 "Workers Unity," July 1955. It has been dealt with under D.28C. WS,79. roneod lecture, "Change is Needed," (A.86) WS,80, a typed document, the alliance of the trade union movement and the liberatory movement in Africa, not the same as the others, and typed on page 3 is the name W.M, (30 Sisulu. WS.81. printed copy of the Freedom Charter.

- 2966 - (Venter) (Exhs. WS.59 )

Exh. WS.82, is the annual report of the National Executive to the 42nd Annual Conference of the A.N.C, Durban, in 1954, it is the same as A.37. WS.83. is a bulletin "View-points and Perspectives," Vol. 1 No. 3, February 1954. The same as l.JMc52. WS.85. is a booklet "International (5 Gathering of Rural Youth," Vienna, 9th to 15th December, 1954, for possession only. WS.87. bulletin "World News, " dated July 1955, published in London. Handed in for pos-session only. WS.89. bulletin, South Africans for peace" undated, it has been dealt with under E.54. The next is (10 WS.90. bulletin "Fighting Talk," January 1954, Vol. 10 No. 1, for possession only. WS.91, bulletin "Afrika" journal of the A.N.C.Y.L., it is the same as B.80. There are two documents which this witness hasn't identified, I will just ask him to do so. WS.06 and 97. Sgt. Venter, could (15 you identify those. ? — Yes,

Aa having been found on the same date ? — The same date and the same office,

WS.96, is "Advance," Newspaper, Thursday 11th February, and WS.97 is "Advance," January 14th 1954. And these will (20 be dealt with under G.1122,

Would Your Lordships delete WS.91 and 96 on page 3 of the list. (No further questions) CROSS-EXAMINATION RESERVED; (25 ROSLOF ADRIAAN VAN RENSBURG. still unler oath: CROSS-EXAMINED BY MR. PLEWMA.N: Mr. Van Rensburg, you dealt with the search of 27th September, 1955, and I just want to put it to you that not all the documents you took were put in either here or at the Preparatory Examination ? — That(30 is correct.

And furthermore there were a largenumber of documents

(Van Rens"burg)

you didn't take, documents you left on the premises ?—^es, that is right.

Those included documents such as publications of the Institute of Race Relations ? — Yes.

And United Nations Publications ? — Yes, (5 Now, you also took a document NR.10 which has not

yet been handed in, and those are manuscript notes headed comments on the draft constitution of the A.N,C, Would you just look at them and identify them and hand them back to me ? — Yes, that is so, I took possession of this (10 document.

I just want to put it formally that this document deals with the draft constitution, it says it has two serious defects, it deals with its defects. It says -

Reading it one gains the impression that the draft (15 was written with the object of showing how much of the new ideology and organisational structure the writer knew, and with a view to currying favour with the left..,..

and then it is a criticism of the document being too much (20 aligned to that side, the left. It deals with various .other aspects of the Constitution, theparticular sections. It says on page3 of the document -

Section III - Democratic centralism is a communist organisational structure and peculiar ideological (25 concept based on certain fundamental principles. These cannot be applied to an association of people joined together merely by common oppression and desire to be free.

And then it deals with the sections which are to be al- (30 tered and changed. And the document goes on to deal with

- 2968 - (Van Rensburg) Exh, NRM.10

all the other aspects of the constitution, finance, disci-pline and so on. I hand that document in. And now to deal very "briefly with two documents handed in by the Grown. The first is NRM.12E, that is a series of resolu-tions which my learned friend summarised, and I want to (5 refer also to resolution 15, in which the Conference wel-comes the interest shown by United Nations in racial dis-crimination in South Africa, and expresses its approval in general of the findings of the commission established by the United Nations investigating the matter. And (10 finally Exh. NRM.ll, presidential address delivered by A.J. Luthuli, the date being December 1953, various por-tions of that address were read in. I would like to read in an additional portion on page 5. This follows on a passage read by the Crown - (15

The union of South Africa is becoming a fascist state. The next paragraph is the one I propose to read -

The rise of power of the Afrikaner under the leader-ship of the Nationalist Party Some of us are violently opposed to the Nationalist (20 Party led by Dr. Malan. Our opposition arises from the fact that we regard it as undemocratic and un-South African. Most of the political theories and practices such as the master race theory, their idea of regarding civilisation as the white man's (25 prerogative or exclusive possession, their claim to exclusive white supremacy, etc., but we must not be blinded by our opposition to them to admire them for the way they work hard and sacrifice much to attain the position they in. Their success was due, inter(30 alia to some of these qualities, if my observation is

- 2969 - ''Van Rensburg) (Exh„ NRM.ll)

correct, the loyalty to an idea or ideal and the singleness of purpose in working for the realisation of that idea or ideal. The ideal was the founding of an Afrikaner nation and so Afrikaner nationalism became their focal point of rallying their people. We are now (5 in a position in Union politics when we have two main opposing force3, Afrikaner Nationalism and African Nations"* •» om. Some of ...(us) hope and believe that African Nationalism shall remain broader, democratic and progressive} in keeping with the declared policy of (10 the African National Congress, of seeking to establish in the Union of South Africa, a democracy which shall provide for a partnership in the government of the Union of South Africa, within the present framework of the Union. (15

And the address of the speaker then continues. (No further questions) RE-EXAMINED BY MR. TRENGROVEt This NRM.10, the criticism of the A.NPC. Constitution, a manuscript document, do you know who the author of that document is — of your own (20 knowledge ? — I do not know. COURT ADJOURNS: COURT RESUMES: BY MR. TRENGROVE: Milords, in connection with the evidence of the witness Van Rensburg, 27th September, 1955, the (25 Crown still has to prove th"s ^ro^crty this was, where the document?', were taken. MOTSEKI MASi:ELA. dulv _gj[orn. (Speaking Southern Sotho) EXAMINED BY IB. TRENGROVE: On 27/9/1955, did you accompany a European detective sergeant ? — Yes. (30

And take possession of certain documents at an address on that date ? — Yes.

(Masilela)

Now, who was the detective sergeant that you accom-panied ? — Sgt. Van Rensburg.

Do you see him in Court ? — Yes, I point him out. Is that the detective sergeant ? — Yes. Now, to what address did you go ? — No. 8115. (5 Where ? — Orlando West. Do you know on that date who stayed at that house ? —

We found a young girl there, and she said she was the owner of the house.

Whose house was that ? — The house of Nelson Mandela.(10 Do you know Nelson Mandela ? — I know him well. Can you point him out to the Court ? — I can. Will you do so ? — (Witness identifies Accused 6) He was not present at that time ? — He was not present.

(No further questions) (15 NO CROSS-EXAMINATION: BY MR. H05XTSR: Milords, the Crown will now proceed to read into the record portions of the documents handed in yesterday by the witnesses Sloot and Solomon. I am be-ginning with the series G.1131, covering "Fighting Talks"(20 February 1954, to October 1954. The first one is the

issue of February 1954, Vol. 10, No. 2, I read first from page 2, an article entitled "Parliament, this Session," I read the quotation at the top of the page, which says -"The task of resisting the Ntionalists is being shifted (25 from Parliament on to the democratic white and non-white bodies in the country." Secondly I read 15th line in a paragraph in the body of an article, paragraph entitled "U.P. Compromise."

From a parliamentary point of view, therefore, the (30 chances of a united front against the Malan Government

- 2971 - (Exh. G.1131)

are almost non-existent. The spartheid measures will go through. The Nationalist grip on South Africa will he tightened further and the United Party will sink daeper into the mire of opportunism. Increasingly, the task of resisting the Nationalists is "being shifted from (5 Parliament on to the democratic white and non-white bodies in the country. Nationalism is on the verge of achieving one of its major aims, the crushing of the bourgeois white opposition. Consider the measures now being polished up by the Nationalist racialists.(10

And then various measures are considered. I read next from page 5 of this issue, an article entitled '-Paul Joseph Reports on the Vienna World Trade Union Conference, " I quote ten lines from this article -

At Vienna we discussed frankly and fully our problems(15 in the struggle for better living standards, democratic liberty and world peace. There I saw international working class solidarity in the making. People with a diversity of religious and political opinions united against racial discrimination, the threat of war, reduc-(20 tion of wages, and trade union splits.

I read next from page 7 of this issue - This is an open letter written by L. Bernstein, It bears the title "Trotsky on Springbok Radio, Openletter to Bob Crisp." It is a long letter and I can only summarise it by saying that in (25 the letter the author criticises Bob Crig? for producing a radio feature in which it was suggested that the late Stalin instructed the G.P,U. to kill Trotsky. I quote next from page 10 of this issue. An article entitled "Robert Resha writes on the A.N.C. Conference at Queenstown. I read (30 the latter half of the article, beginning with the title 1949 and 1954, -

- 2972 -( G.1131)

This Conference can perhaps "be compared to that his-toric conference held five years ago, 1949, in Bloem-fontein, when the African National Congress adopted a programme of action which has not only established the reputation of the African National Congress through- (5

! out the world, but also made it the real mouthpiece of the African people in this country, and the vanguard of the liberatory movement. Yet while the discussions at the 1949 Conference were not always of the highest order, because of emotional outbursts by delegates, (10 the 41st Annual Conference was quite different. This Conference was quite the most dignified I have ever attended. During the three days of the Conference I listened to sane and reasoned orations, both from leaders and members of the Conference. The speakers,(15 many of them products of the Defiance Campaign were

cool and serious. Well considered suggestions and pro-posals were put forward. The sincerity of thought and honesty of purpose among the delegates can be attribu-ted largely to the defiance of unjust laws campaign (20 which brought about a high political consciousness among the African people. ...Taking stock of the Conference, the presence of 300 delegates, and about 200 ordinary members of the A.N.C who came from various parts of the country and represented people (25 in all walks of life, was impressive. There were peasants, industrial workers, businessmen, chiefs, herbalists, doctors, lawyers, journalists, teachers and ministers of religion. Every one present at the Con-ference was a delegate, or non-delegate, man or woman,(30 educated or illiterate was free to discuss. People were

- 2973 - ( G.1131)

all of an equal status. To me it was a people's conference, and was a glimpse of what South Africa will "be like when freedom and democracy have "been achieved. One of the most striking features of the Conference was the faith and confidence the people (5 have in Chief Albert Luthuli, Mr. Walter Sisulu and other leaders. Another important thing worthy of men-tioning here, is the sincere friendship shown by dele-gates to people of other racial groups. The Indian and European fraternal delegates who brought greetings(10 of solidarity from the S.A. Indian Congress and the S.A. Congress of Democrats were treated like members of the A.N.C. This showed very clearly that the African National Congress is a true liberatory move-ment, and therefore accepts people of different races (15 and beliefs so long as they are resolved and determined to fight for a free and democratic South Africa for all. At this Conference it was made clear that the African people had dedicated their lives to the struggle for freedom and democracy and neither hardships nor priva- (20 tion will subdue their spirit for freedom. The most important event of the African National Congress 1954 calendar was reflected in the Conference resolutions, the Peoples Convention, where representatives of all races will draw up a peoples charter expressing their (25 aspirations.

That concludes the article. On the last page of this issue, the imprint of the printing Company, there is a small note "Published "by Fighting Talk Committee, care of P.O. Box 4088, Johannesburg." The next issue is that of March, (30 1954, I read first from page 1, a smallnotice "Fighting Talk changes hands," I read the first three paragraphs.

- 2974 -(Exh. G.1131)

"Fighting Talk" has for many years been the organ of the Springbok Legion. It is no longer. From here on it is an independent monthly review, edited and managed by an independent committee of supporters of the Con-gress movement, and members of the three Congresses, (5 the African National Congress, the S.A. Indian Con-gress, and the S.A. Congress of Democrats. To the Springbok Legion who have handed over to us a publica-tion whose name has always been associated with the cause of democratio South Africa, the cause of liberty,(10 we say we are pledged to continue in that tradition. We intend to continue "Fighting Talk" as a vigorous outspoken magazine which fights the good fight for the rights of men and which challenges the ideas and out-look of the white supremacists, because their ideas (15 spell death to democratio institutions, racial harmony and to peace. Fighting Talk, if we can make it so, will be the voice of the Congress movement.

I read next from page 5 - "Trade unions under attack," BY MR. FISCHER: Milords, may I say that I would have no (20 objection if my learned friend marked, let us say, in red pencil, or something of that kind, the passages he reads. I think it would be of assistance to the Court eventually too and to the Defence, BY MR. HOEXTER: With respect, that is a useful suggestion(25 Milords, and the Crown will in future see that before the relevant passages are read in they are narked in some colour agreed upon. BY MR. JUSTICE RUMPFF: Yes, you can do that. BY MR. HOEXTER: I deal with the article on page 5, trade (30 unions under attack. I read from the third column, two paragraphs -

- 2975 - ( G.1131)

The isolation of the leadership from the rank and file of the Union renders the task of opposition to Schoeman's Bill most difficult. The issues are clearcut and require only correct explanations and interpretations to unite every worker in determined opposition, hut (5 the leaders of most of the important conservative unions are unlikely to face the issue squarely. Mass agitation and mass action are the only tactics likely to succeed. There is a danger under present conditions that the maximum effort of the Union is likely to degenerate (10 into a token agitation at the top which never filters down to the rank and file.

I read next from page 7, an article entitled "The United Party peters out." I read first from the second column, the second paragraph -

Nationalism is reaching its legislative climax. In (15 the circumstances one would expect the parliamentary opposition to he more vigilant than ever before, hut

what is the position? The decay in the United Party continues.

I read next the last paragraph entitled "Sad Decline." (20 It is all very pathetic. The United Party excluding the alleged few who are rumoured to he prepared to oppose apartheid, is a disappearing phenomena. There is no longer any place for it in the South African scene. Its function as a balancer between the Nation-(25 alists and the anti-Nationalists is outlived. The political struggle is cyrstallising and the United Party is not destined to be one of the crystals. That then is the situation that prevails as this par-liamentary session swings into its stride. The Nation-(30 alists are going ahead ruthlessly and relentlessly.

- 2976 - (G.1131)

There is no turning hack on apartheid. On the other side the anti-Nationalist forces outside Parliament at least, if not inside, are hardening and preparing for the struggle. But the United Party continues to try to find a place for itself which does not exist. (5 It is trying to perform a non-existent function.

I read next from page 10 - an article headed "Stalin Leader of the New Type," "The 5th March is the first anniversary of Stalin's death," I shall only read the latter half of this article - (10

All his life he sought to change society for the better. In his early years he stumbled across Marx's teachings and philosophy. It was a light bursting out to illuminate the darkness of the world in which he lived. Here for the first time he came to see the (15 great ccnflicts of his time, not as the Brutish blind passions of goaded men,but as the motive force of history, the driving wheel of social change by which men would emerge into a new and better life than any as yet known. He was no man of common clay, but one(20 endowed with outstanding talents, with a keen, deci-sive and precise mind, with a capacity for concentra-tion and determination of a high order, with a flexi-bility and a selflessness which are the essentials of leadership in such a task as he now undertook. (25 All his outstanding talents he devoted all his life to the changing of society for the better, using the philosophy of Marxism as his gukle to action. Marx and Lenin were his teachersy and they taught well, for throughout his life he worked and lived by the (30 creed that understanding and action must walk hand in hand by the knowledge that no man of his time could

- 2977 - ( G.1131)

exert his influence on history, save that he strive forward together with the industrial workers, at the head of all toiling and suffering mankind. As he "believed so he acted, nothing deterred him from fol-lowing his beliefs, no matter what sacrifice it entailed.(5 So he lived through thepersecution, beatings, exile and imprisonment of Communist workers in Czarist Russia. So he fought and organised through the hungry fearful years of revolution. So he worked without rest and without flagging through the turbulent and magnificent (10 years of reconstruction and of building the new society. The society of socialism for the first time on this earth, and through it all, humbly learning everything there was to be learnt from great thinkers like Lenin,

and from insignificant unknown persons, and machinists (15 and solciers. And through it all, teaching what he had learnt to others, that they too might take part with all their vigour and power in changing life for the better, within the limits of development of society, To such a life there is no real end. Society changes(20 for the "better though its greatest figures grow old sicken and die. For one year Stalin has been dead, and yet the dreams of the Western bosses in that short space of time have burst to nothingness. Mussolini as he hung by the heels in ....Milan, was cursed by the(25 people who passed. This was the type of leader the '.Vestern world made, understood. Into this mould they tried to press the giant figure of Stalin that the

people of the west would hate and revile him. But Stalin was a leader of a new type, and his death left (30 a great and aching void, and left too a whole genera-tion of a new type, schooled in the ideas and ideals

- 2978 - ( G.1131)

of changing society for the better, raised in the understanding of how to make that change which Marxism gives, imbued with the selflessness and devotion to the people which they learnt from the leader who is dead. This is the generation which flings back, re- (5 torts, the invective and the slander of the western vultures, which marches forward while the vultures dream of their return to the dark and bitter miseries of the life in which the young Stalin grew. This is a generation which sings of a man who lies dead. (10 Shall wo shed our tears in the .,..(?) Stalin is now the most alive of all living, our weapon, our knowledge, our power,

I read next on pages 2 and 3 of the same issue. This is a short story callod "The Cheesa Cheesa Story," by L. (15 Bernstein. I sum it up by saying that the story inter alia suggests that the South African Police may have tried to engineer what is called The Cheesa Cheesa cam-paign, the campaign of arson, by bribing members of the non-European population. I refer next to an article (20 on page 12 of the same issue^ headed "I made friends in Poland, says Paul Josephe" And this can be summarised by saying that it is a description in a glowing terms of a visit by the author to Warsaw, and what he saw in Warsaw, I turn next to the issue of April 1954, and (25 I read from page 1, an article, apparently an editorial article, headed "Prom here to eternity." I read the con-cluding portion of the article -

The old story of defence has a worse than hollow ring. Here is preparation for deliberate mass murder, for (30 aggression newly defined by President Eisenhower, as

massive retaliation. Here is Chicago terrorism,

- 2979 - (G.1131)

on a monumental scale, planned "by madmen to cower an entire world which fails to bow before dollar pene-tration and its Coca Cola civilisation. Here is the greatest super colossal demonstration of the superio-rity of the American way of lifec 'Look on my works (5 ye mighty and despair,' There are ways that men have found for dealing with their murderers. Never were those actions more desperately needed than now. We deprive potential murderers of firearms. There is need and desperate need now for outright prohibition (10 of the manufacture and use of all atomic weapons. We remove potential murderers from society. There is need, and desperate need now, for branding the experi-menters of atomic weapons as war criminals and driving them from their places of influence in every land. (15 We regard as equally guilty those who assist murderers in their crimes. There is need, and desperate need now, to brand as guilty those governments and bodies that help to prepare atomic murder by claiming that itis done fora good cause, the cause of anti-socialism.(20 Governments thus far have failed to stop the madmen in the White House. It is now for the people who value life to make their angry voices heard before they blast us all from here to eternity.

I . read next from page 5,an article entitled "Lionel Forman(25 writes on Ray Alexanders winning election. I read here again only the concluding portion of the article, the second and third last paragraphs in the third column of the article -

The Liberal Party makes little pretence that it has (30 entered the election to fight any one other than 'the Communists.' Certainly it is not fighting apartheid.

- 2980 - ( G.1131)

A startling example is embodied in the second issue of Liberal News, Gibsons election leaflet. It contains 72 inches of election matter, and 71 of them are devo-ted to an attack on Advance and the liberal idea of Communism. One inch takes a side-swipe at Fascism. (5 But only by linking it with Communism.

I read next from page 6, an article "Behind the Overseas News, Exit the neutrals, by Ben Giles." I read only the concluding portion of the article, in the third column: It says - (10

Oil and politics, imperial politics, are always closely woven, Before the ink could dry on the Pakistan-American agreement, Washington was announcing its new defence pact. Turkey, Pakistan, Iraq. A military pact for aggression certainly, but equally (15 part of the big squeeze of American big business, circling Iran, dominating Saudi Arabia, ruling Iraq, the tremendous money making hearts of the Middle East oil reservoirs. While the American generals moved in on Iran to seal the ring American oil-men moved in on (20 Iraq amidst a of outraged British feeling. In the best Chicago gangster tradition, the ring of triggermen stood around fingering their guns lest the squeezed out rival decided to make a stand for it. And also in the best Chicago tradition, no-one paused (25 to give a thought for the ordinary undistinguished working people whose fate is being settled by the big shots.

Next paragraph "War Plans Misfire," In this profound contempt for the people, the new (30

international gangsters find their best laid grabs

- 2981/2 ~ ( G.1131)

misfire. Prom India's Government, threatened itself by American bases in Pakistan, and facing exclipse at the hands of the rising united front of anti-terrorist struggle, came strong and sharp objections to Pakistan Aid Pact, the benevolent neutral of the (5 Korean Putsch is driven to become the hostile opponent of the Pakistan adventure. The balance of power shifts against the American world conquerors,

I read next from page 15, a letter, or an article by one R.J.R., and it is headed "An Object Lession — a reader." (10 It says -

It sounds absurd, but it almost seemed to me that Shakespeare wrote Julius Ceasar as an object lesson to South Africans, confronted with complex political problems in the mid-twentieth century. In the first (15 place the drama is concerned with the struggle for power and the wielding of power. The age-old yet up-to-date struggle between tyranny and democracy. Cassius* passionate hatred of dictatorship is expressed in fire-gold words that should be every democrats daily read-(20 ing. It does not vitally matter that his political faith is shot through with personal feelings of jeal-ousy and inferiority, He hated tyranny and was pre-pared to act to overthrow the tyrant. How much we lack that determination in South Africa today. Brutus(25 too hated the dictatorship, but like so many liberal

minded people today he was bound by outmoded, inappro-priate, bourgeois concepts. His inner fear of radical change of revolution tempted him to temporise and to compromise, so that putting aside Cassius* far-seeing(30 tactics, he, Brutus, ultimately betrayed the attempt

.-2983— (0,1131)

to overthrow the dictatorship. How often have we seen that in the past four years. Honest motives, sincere democratic convictions, illumined analyses. All rendered negative by a fear to grasp boldly the appropriate tactics. We too have found as Cassius (5 did, that the respectable leaders throw away the fight and betray the cause. Politically, of course, the most important model is to be found I think in the part the crowd plays in Shakespeare's drama. Not one of the political leaders recognised that the only (10 sure foundation for a genuine democracy is the people themselves. In the play the people were manipulated by one side and then the other. No-one, not even the people themselves realised that the people are the political power. Another lesson for us. In our (15

them country when the people most of / black have realised their strength and their wisdom and the inevitable Tightness of their cause, then and only then will South Africa be saved from tyranny and made fast for a genuine democracy. (20

Then page 16 of this issue, the following appears above the printer's imprint: "Unless otherwise stated, Ruth First, P.O. Box 1355, is responsible for all political material in this issue. Published by Fighting Talk Committee, Box 1355, Johannesburg. I refer next to (25 the issue of My 1954, and I refer to pages 8-9. Here occurs an article headed "The National Women's Conference for Freedom," by Hilda Watts, and I content myself with the title and authorship merely, I am not going to read from the article. And again on page 16, there is an in- (30 scription, that the political matter is by Ruth First, and the issue is published by Fighting Talk Committee,

- 2984 - (G.1131.)

The next is the issue of June 1954, and I refer first to page 2, in the editorial comment, there is a "brief para-graph headed "Beating the Ban," which says -

Once again the Transvaal Indian Congress has elected Dr. Y.M. Dadoo as President and Mr, Nana Sita as Vice-(5 President, Even though both men are banned by Minister Swart from taking part in the activities of the organ-isation. It was a gesture equal to that made by the African Voters of Cape Western in electing Ray Alexan-der to Parliament in the teeth of the Minister's uncom-(10 promising declaration that she would not be allowed to take her seat, There is understanding in both these actions that no kowtowing to the Government's dicta-torial decisions will turn the Nationalists from their chosen course. That can only be done by bold defiant (15 mobilisation of the people everywhere to resist every new attack. Liberals who are still bemoaning the Ray Alexander campaign and still claiming that a Liberal in Parliament is better than an ex-communist out of it, would do well to por.der the lessons the people are (20 teaching them.

I read next from page 6 - this is an article headed "In-side Europe," and then "I saw Socialism and it Works," writes Sonia Bunting. I content myself with the heading and author. Next on page 7, an article "Pieter Beyleveld (25 surveys the thorny road to unity." I shall quote a portion of this article merely, the third and penultimate paragraph in the second column -

It is my conviction that the unity conference failed completely in its purpose. It failed because trade (30 union leaders are not prepared to mobilise the workers

- 2985 - (G.1131)

for a struggle to defeat a Government whose avowed policy is to destroy such trade unions as refuse to become servile to it* This is due to the fact that the majority of the leaders of the registered trade unions basically accept the Nationalist Government (5 apartheid policy{ the cloak behind which the Christian National police state is being brought into being.

Further down the page, under the heading "new foundations:" The two conferences have merely repeated the lesson that the racialist and fascist policies of the Nation-(10 alist Government cannot be effectively opposed while some of the features of Nationalist policy are accepted.

Next, pages 8-9, two articles which are reflected in the policy schedule, page 9, item 45. This occupies two pages, it is headed "We Call the people of South Africa black and (15 white, let us speak together of freedom." Then the Call is set out and then "Eye-witness account of a meeting," and also an article "Let us work together says Walter Sisulu," and these pages are the same as A,89 already handed in at page 672 of the record, I don't think A.89 (20 covers the article "Let us work together says Walter Sisulu," and I shall read the last paragraph of this article -

Above all ....

it deals with the Congress of the People, and concludes, Above all, the National leaders have stressed that (25 the campaign is to move the Congress of the People and to gather the country's demands into a Freedom Charter, must not be divorced from any of the daily grievances and issues of our people^ Let us see to it that everywhere the Congress of the People comes symbo- (3^ lises the struggle against that which people oppose, and that which they fight for, that they may know free-

- 2986 - (G.1131)

dom "before they die. Let us work together for freedom. I read next from pages 10 and 11 of this issue, article "Behind the overseas news," "But the free world is united." The article is by Lionel Forman, and I read only a portion from the third column on page 11, the concluding part (5 of this article -

Yes, the Geneva Conference has thrown into the open the confusion contradictions and the cut-throat compe-tition in the ranks of those who threaten peace. But it has not eased the need for a continued and ever-stronger campaign for peace. The S.A.B.C. report (10 on May 22nd of Soviet Newspapers have for the first time carried an article on precautions in the case of atomic air raids, is a sign of the times. Seeing everything crumble around them, the U.S. warmakers may yet try a last insane suicidal effort. Strengthening (15 our own struggle for national liberation and for peace, is the most effective way that we can help to straight-jacket that insanity. For the strength of the world-wide struggle against imperialist oppression, is today one of the most important guarantees of peace, (20

I read next from page 14 - "Ons bou ' n nasie...." I read the first and last paragraphs only.

Everything according to the newspapers is ready. The blueprints have all been drawn up, statutes completed, areas proclaimed, transport provided. There have been (25

a few houses built at Meadow lands, charming pastoral name that, all that remains that to be done is to shift 70,000 people from one place to another by the sheerest force. For any bloodshed and suffering that might arise(30 from this fantastic piece of planned injustice, Verwoerd

- 2987 - ( G.1131)

Mentz and Company will have to accept the full respon-sibility.

And then also in the same way, is an advertisement headed "Two pamphlets for our time, Moses Kotane points South Africa's Way Forward," and then there follows a favourable (5 and enthusiastic review of South Africa's Way Forward, and it mentions in conclusion that it is obtainable from Advance Office, Box 436, Cape Town, South Africa's Way Forward has already been read in under B,79, On page 16 of this issue, the following appears - "Unless otherwise stated (10 L, Bernstein P.O. Box 1355, is responsible for all politi-cal material in this issue," and again a statement that it is published by Fighting Talk committee. I turn now to the issue of July 1954. Pages 2 to 3 contain correspon-dence between one Mohotlong, and a reply to his letter, (15 by Moses Kotane. This is reflected in the policy schedule, page 20v. item 25. I read the letter, and then I shall quote from the reply. The letter says -

Dear Sir, it was most unfortunate that your London correspondent in his last article described the Mau (20 Mau terrorists as African resistors and General China as an African leader. The word 'resistor' has come to be associated with the defiance campaign. We have all spent years trying to refute Government propaganda that the Defiance Campaign is the same thing as the (25 Mau Mau. We have also spent years trying to restrain the Africans hotheads who say that our resistance should become a Mau Mau. Now, Mr. Lucas writes as if there is no difference between the two. As for General China, he and his kind are repudiated by the (3° true African leaders such as Jomo Kenyatta. The British Government framed Kenyatta as a Mau Mau, but

- 2988 - (G.1131,)

Kenyatta denied it. The truth of his denial is proved "by the fact that he was not used in the recent surren-der negotiations. Do not let us "become confused about the Mau Mau. Though we are against the imperialism

which produced the Mau Mau and the save methods "being (5 used against the whole population of Kenya, in an attempt to suppress the Mau Mau, we are not in favour of the Mau Mau itself. Their methods are not only immoral "but also unwise. They have blackened the name of the African people in the eyes of the world. Do not in- (10 suit our resistors by using their title to describe the se thugs.

And the answer - editor of the Fighting Talk, Moses Kotane, says -

Dear Sir, your correspondent takes exception to the (15 description in the May issue of Fighting Talk of what he calls the Mau Mau terrorists and thugs as African resistors and of General China as an African leader. Mr. Mohotlong says the word 'resistor' has ' come to be associated with the defiance campaign and should (20 therefore not be confused with the Mau Mau thugs. I can understand Mr. Mohotlong's fear of the danger of

confusing Mau Mau with a purely non-violent political resistance movement, but we should not in our anxiety to prevent confusion try to change facts or the meaning(25 of words. The word resistor has been used in various parts of the world long before we ever thought of the Defiance of Unjust Laws campaign. There have been resistors of different kinds and for a variety of causes. Similarly the word 'leader' applies to any (30 head or director of a group, scheme, herd, or a flock.

- 2989 - (G.1131)

A person or a thing is a leader whether he or it is good or had, or whether we agree with it or not, Mr. Mohotlong says that General China and his kind are repudiated by the true African leaders, such as Jomo Kenyatta. I do not contest that fact, hut General (5 China was followed by thousands of Africans, notwith-standing that repudiation, so he is an African leader even if we consider his efforts to be wrong, or his followers to be misguided. Let us guard against the danger of falling victim to the false and malicious (10 capitalist propaganda. Imperialists and reactionaries everywhere use certain words and phrases to confuse people in their own countries and to deliberately mis-represent the actions and politics of movements and organisations or nations opposed to them. Some of (15 those words and phrases are 'agitators,' 'aggressors' 'aggression' 'bandits' terrorists, satellites, thugs, Iron Curtain, free world, free nations, democratic nations and communist tyranny. Thus genuine and honest fighters for national liberation in Malaya, Burma, (20 Tunis and Indonesia are alternatively described as bandits, terrorists or thugs, and spokesmen of the people are described as communist agitators or agitators. Then we have the so-called free world democratic nations or free nations, which include Spain of General Franco,(25 Portugal of Dr. Salazar, South Korea of Dr. Rhee, Formosa of Chiang-Kai-Shek, and South Africa of Dr. Malan. They send armies and arms all over and then accuse others of aggression and threatening their interests. (30

I read next from pages 8 to 9* This is an article, the Congress of the People, It occupies both pages, and it

- 2990 - (G.1131)

has already he en read in under A.37. I turn next to page 15 of the same issue, again the article "0ns bou 1 n nasie' by Vic Eddy, and I read one paragraph only, "Time to call a halt." "It is I think high time that all people who have a spark of humanity in them, should (5 make a forthright and courageous stand on the so-called anti Mau Mau campaign, which is turning Kenya into a slaughter house. Not a single day goes by without a newspaper account of how 20, 30 or 40 Kikuyu tribesmen (10 have been shot or hanged by trigger happy British Army Regulars, Even the London Times was compelled to comment on the alarmingly high rate of executions, and this speaks volumes for the attitude of the British public opinion on this matter. Surely these happenings in Kenya (15 reminiscent of the Nazi reign of terror in occupied Europe have never been justified even by elastic colonial stan-dards. It is incredible that these terrorists present such a threat to European security of tenure as to necessi-tate these savage reprisals. If in reality it is the gen- (20 uine African independence movement that is being attacked with such ferocity, then the British Colonial office will have a terrible reckoning to meet one day when the full truth is made known," I turn back in the same issue, pages

(25 4-5, there is an article "European Diary," with the following descriptive title "Ruth First the South African journalist has been travelling in Europe. Here are some of her im-pressions taken from letters she has written home," It can be summarised by saying that it is an account of a youth conference in Berlin, This issue too, page 16, reveals (30 that it is published by Fighting Talk Committee, that for political matter in this issue, one C, Feinstein is appa-

- 2991 - (G. 1131)

rently responsible. I turn next to the issue of August, 1954, page 1, the editorial comment, I quote one paragraph only, entitled "Ban or Banish" -

A sharp reminder that we live in a police state was given in the Government banishment from East London (5 of two prominent Congressmen, Messrs Ngwenshi and Ndishe. Without prior warning and without hearing or trial these two men have been banished for life to remote farms in the Transvaal under perpetual police surveillance. Their offence, none. The Governor- (10 General, a Nationalist politican, Dr. Jansen, in his role of Supreme White Chief of the African people is satisfied that the banishment is necessary for the sur-vival of law and order. The claims of law and order have the hollow ring of Hitler's claim when his Stormtroopers(l5 entered Sudetenland," There is no threat to law and order in the Eastern Cape, but there is a threat of con-tinued Nationalist domination in the whole country and the Congress campaign which is associated with the coming Congress of the People. Frenzied attempts are being (20 made to chop off the heads of the peoples' resistance to apartheid,, In the Eastern Cape Dr. Njongwe and Mr. R. Matje have been banned from Congress membership and from attending gatherings. In the Transvaal Mr. Swart's axe has fallen on Duma Nokwe and on the National Con- (25

3 gress secretary, Walter Sisulu. The natural horror

which people everywhere have for despotic acts, banish-ment and banning is not enough. There is need for anger, and there is need for determination to defeat the headsmen who seek to execute the peoples movement (30 for liberty. Where one head falls there is need for

i

- 2992 - ( G . 1 1 3 1 )

replacement, and those replacements are coming forward. In their horror at the Malan Government's tyranny men and women everywhere are coming forward in response to the call for 50,000 volunteers made "by the Presi-dents of the African, Indian, Coloured and European (5 Congresses. The trickle of volunteers for freedom must become a flood. This is the way to heat the "bans and banishment.

Next pages 2 to 3, an article "Russian Diary" with the fol-lowing descriptive titles "Prom Berlin Ruth First was in-(10 vited to the Soviet Union, by the Women's Anti-Fascist Committee. Here are some further extracts from letters to her family in South Africa." And then follows ex-tracts about her visit in very enthusiastic language. Next, Milords, page 4, an article "Segregating the Stu- (15 dents by Lionel Forman." It starts on page4, and goes on on page 7. I content myself with the title and author, I shall not read the article. The title is "Segregating the Students," Political matter (page 16) C. Feinstein is responsible and again a note that this issue was pub- (20 lished by the Fighting Talk Committee, I turn then to the issue of September, 1954, from the editorial article, pages 2-3, the editorial is headed "Turning the Clock," I read from a paragraph entitled "Seeing Red,"

Cultivating the Goering manner, Brigadier Rademeyer (25 has taken it on himself to give exposure to the Press, pardon me, the Afrikaans press, about existence of red plots, sedition, treason and espionage. At regular intervals this would-be creator takes time off from his duty to slander the Congress move- (30 ments to call for publication of the lists of named

- 2993 - (G.1131)

communists and generally to -iroduce the hysterical background for a Reichstag Fire Trial, The process is no doubt designed to send the Congresses scuttling for cover. If so, it has failed miserably. Sometimes as in the case which is followed, Mr. Justice Black- (5 wells interdict on police attendance at a Johannesburg Conference, the process has misfired. There is a healthy and instinctive reaction amongst South Africans to McCarthyism. If the Government is against it, it must be all right. That at any rate seems to be the (10 reaction which is reported from all centres after the carefully staged intimidatory police raids on Congress of the People meetings in Durban, Cape Town, and Tongaat on the 15th August. The petty police inter-ference w everywhere brushed aside, reports of the (15 meetings speak only of the members enthusiasm for and the magnificent response to the message of the Congress of the People. Determination to carry on seems to have grown rather than dampened after the police intervention. The spirit of awakening has here been set in motion, (20 which no spine-chilling police fabrications will be able to stop. But let there be vigilance. There will be wilder allegations, more dangerous provocations yet, before the Congress of the People Campaign is at its end. For a time, the technique of the big lie paid (25 off in both Hitler's Germany and McCarthy's America, There will be no lack of ambitious and unscrupulous politicans to try it here.

The last paragraph "All Quiet,"

Now, that the last recount in the provincial elec- (30 tions is over and done with the candidates have shaken

- 2994 - (Q.1131)

hands in sportmanslike fashion, not even the perennial fear of losing votes can stand in the way of a clear and forthright declaration from the United Party, Are they for the Congress of the People? If not, why not? The Congress of the People is coming to occupy the (5 centre of the country's political stage, and the ans-wers cannot he long delayed* By now repeated election defeats have surely taught the United Party that they cannot hope to run with the hares and hunt with the hounds. This time as surely as on every other occa- (10 sion when they have tried it, they will find the Act too tricky and too heset with pitfalls. If they want the support of progressive democratic citizens, they cannot win it hy keeping silent and aloof about the Congress of the People, An understanding of that (15 fact has moved the Liberal Party alone of the major political parties to give a qualified form to the Congress of the People, It has that understanding too which has moved the Nationalist Party not to commend the C.0,P. outright, but to strike at it from the (20 police side-lines by maintaining a rigid official silence. The Act will deceive no-one. By turning loose his police. Mr. Swart has proclaimed loudly where his Party stands. People everywhere have read Nationalist Party silence at the invitations to res- (25 pond to the C.O.P, as a vote against. It is time that the Liberal Party made its position clear beyond misunderstanding, and it is equally time for the United Party, the Labour Party and the Federal Party to break their silence before they too are counted (30 against the C.O.P. and against hearing the freely expressed views of the South African people.

- 2995 - (G.1131)

Next on page 4, an article "Women who work" "by Femina, I read only a short part, right at the end of the article, which says -

These thousands of women workers are playing their part in the trade union struggle. They have organ- (5 ised themselves into militant unions, produced cour-ageous and able leaders. Where conditions of work are concerned, the women workers of South Africa stand steadfastly together both with men, and if need be, alc-v. When this force and determination can be mobi-(10 lised politically in the struggle for the liberation of South Africa, for the right to live as well as to work as human beings, for a world fit for children to be born into, then the day of victory will not be far off. For women, and indeed all workers must realise (15 that the trade union fight is a part of the greater fight. It is not an end in itself.

Pages 8 to 10, of the same issue, I quote the title and the author only. "These are mighty years," and it is described as being Ruth First's reports from People's (20 China, an account of a visit to China n enthusiastic language. The ne::t is page 11, I read the descriptive title only. The article is headed "Like Gulliver Snapping Bonds," and the descriptive title says "The Scene, Jo-hannesburg Trades Hall, the day the police tried sten (25 guns and the people replied Mayibuye,"

BY MR. FISCHER; Milords, I wonder if my learned friend would indicate what the inference is. There have been a number of ....for instance, of titles and authors, where he says he contents himself with that. Here is an illus- (30 tration. There it is quite impossible I submit for the

- 2996 - (G.1131)

Bench or for the Defence to know what one is to infer from the reference to Gulliver. BY MR. HOEXTER: Well, Milords, this article may stand on a different footing. As far as all the other arti-cles are concerned, in which I have detailed merely (5 the title of the article, and the identity of the author as stated in the journal itself, the purpose, first of all Your Lordships will recall that no admission what-soever has been made by the Defence in connection with the bulletin "Fighting Talk9" The Crown relies in its (10 schedule, for example, in Schedule 3, it makes certain allegations against certain of the co-conspirators, and sets forth the evidence on which it will rely. For ex-ample ..... BY MR. JUSTICE RUMPFF; Yes, there are references from (15 which it can be inferred what the Crown relies on, but in this particular case now BY MR. HOEXTER: Milord, in this particular case, this reference will be amplified by evidence as to this meet-ing on the Sunday afternoon in the Trades Hall. I gave (20 the following heading "Like Gulliver Snapping Bonds," and then a further descriptive title, "The Scene, Johannes-burg's Trades Hall, the day the police tried Sten guns, and the people replied Mayibuye. Now, this will be ampli-fied in evidence by witnesses who were present at the (25 meeting. BY MR. JUSTICE RUMPFF: To what extent will this be dealt with — what is the value of referring to that? If there is other evidence that you want to bring? BY MR. HOEXTER: To show Milord, with respect, the link (30 between,the association between this journal and the

- 2997 - (G.1131)

events on that particular afternoon, BY MR. JUSTICE RUMPFF: But without any reference to any part of the contents of that article, how does a mere reference to the title help anyway? BY MR. HOEXTER: It may he desirable then to read in a (5 very brief paragraph which will establish that. BY MR. JUSTICE RUMPFF: It is not suggested that you do,... BY MR. HOEXTER: No, but that is the unfortunate implica-tion. I am trying to be as brief as possible. In most cases the descriptive title speaks for itself. (10 BY MR. JUSTICE RUMPFF: Well, there has been one title, I didn't mention it when you were dealing with it, but there was one title too which by itself couldn't possibly give rise to any inference. BY MR. FISCHER: Milord, I think that was the title, seg- (15 regating students, by Lionel Forman. BY MR. JUSTICE RUMPFF: Is Forman alleged to be a co-conspirator? BY MR. HOEXTER: Yes, Milord. BY MR. JUSTICE RUMPFF: Even if he is, then apparently the (20 only inference is that he read in Fighting Talk, BY MR. HOEXTER: Yes, Your Lordships will see on ^age 23 of Sdedule 3, that the Crown relies on that article, BY MR. JUSTICE RUMPFF: But is that the object of the reference? (25 3Y MR. HOEXTER: Yes,

MR. JUSTICE RUMPFF: That Forman, an alleged co-conspira-tor apparently wrote in Fighting Talks. BY MR. HOEXTER: Yes. BY MR. JUSTICE RUMPFF: Is that all? (30 BY MR. HOEXTER: That is all.

- 2998 - (G.1131)

BY MR. JUSTICE RUMPFF: Well, why make mention of the topic then? BY MR. HOEXTER: It is not the topic, Milord...... BY MR. JUSTICE RUMPFF: The point there is this, I don't think the Defence or the Court knows exactly what the (5 object of a reference is unless you inform us, BY MR. HOEXTER: Should Your Lordships desire it, I can indicate, for example, "Segregating the Students," Schedule 3, page 23, against the token letter "L.Forman," in column D, which is described as being, sets forth (10 the names of certain articles, pamphlets, brochures, and other written matter, of which the Accused or co-conspirator was the author. BY MR. JUSTICE RUMPFF: Then it only shows the link of authorship. (15 BY MR. HOEXTER: Yes, Milord. Your Lordships will see for example here, all that is said, "Segregating the Students," Fighting Talk, August 1955. BY MR. JUSTICE RUMPFF: Then it is just as well to refer to that. (20 BY MR. HOEXTER: As Your Lordship pleases; I shall do so. Milords, unfortunately to establish this link it is still necessary for me to indicate what the heading of the article is. BY MR. JUSTICE RUMPFF: That is quite in order, but if (25 you then refer only to the author, plus the titles, then it is either for purposes of showing the author was a co-conspirator, or for some other reason. It will be par-ticularly inconvenient if turning through the record perhaps, one comes across this and one doesn't know, and (30 one has to find later on some link between this and other

- 2999 - (G.1131)

evidence. BY MR. HOEXTER: As Your Lordship pleases; Milords, may I pause then at this stage, and indicate in respect of the articles already covered hy schedule in the issues I have dealt with this morning? (5 BY MR. JUSTICE RUMPFF: Yes. BY MR. HOEXTER: Milords, in the issue of February 1954, the article "Paul Joseph reports on the Vienna World Trade Union Conference," there is mention on page 14 of schedule 3. The article "Open letter to Boh Crisp hy L, (10 Bernstein is mentioned on page 12 of Schedule 3. The article Robert Resha writes on the A.N.C. Conference in Queenstown, on page 6 of Schedule 3. The March 1954 issue, the article The Cheesa Cheesa story by L. Bernstein, is mentioned on page 12 of Schedule 3, and the article (15 "I made friends in Poland," by Paul Joseph, on page 14 of Schedule 3. Then the April 1954 issue, the article by Lionel Formen on Ray Alexanders election occurs on page 23 of Schedule 3. In the May 1954 issue, the arti-cle "National Women's Conference on Freedom" by Hilda (20 Watts, appears on page 37 of Schedule 3. In the June 1954 issue, the article "Inside Europe" by Sonia Bunting appears on page 22 Schedule 3. The article "Pieter Beyle-

veld surveys the thorny road to unity," page 13 of Schedule 3. The article "We Call the people of South Africa," (25 this is also the policy schedule, mentioned on page 7 of Schedule 3, and the article "Behind the overseas news by Lionel Forman," page 23 of Schedule 3. In the July 1954 issue, the correspondence between Mr. Mohotlong and Mr. Kotane, also reflected in the policy schedule, is (30 mentioned at page 15 of Schedule 3, and "European Diary"

- 3000 - (G.1131)

by Ruth First is mentioned at page 21 of Schedule 3, In the August 1954 issue, Russian Diary by Ruth First, is mentioned on page 21 of Schedule 3, and the article "Segregating the Students," by L, Forman is referred to in that fashion on page 23 of Schedule 3. Then in the (5 issue with which we are now dealing, September 1954, the article "These are Mighty Years, Ruth First," men-tioned on page 21 of Schedule, and I am about to refer to an article by Hilda Watts "Old Arts are new weapons," which appears on page 14 of 'chis issue, an article deal- (10 ing with culture,art and liberation. This is dealt with on page 37 of Schedule 3. Page 16 of this issue states that I. Bernstein is responsible for the political matter, and again there is a statement that it is published by the Fighting Talk Committee. I turn next to the October (15 1954 issue. I refer first to page 2, editorial comment, under the title "The Creeping Scourge," I quote one paragraph merely, it is entitled "Running Dogs,"

In China they have graphic phrases for the murder and run tactics Chiang's mercen.-i.es are carrying (20 out under the powerful protective cover of the American 7th Fleet. They call them Running Dogs. Dogs of the American War mongers. Desperately before their time runs out they are trying to incite the Chinese peoples Republic to retaliate and thus set (25 the stage for a new American war on the Korean Pact. Uniform- nre American, the ammunition is American, the planes are American, even the phrases are American: "Our forces achieved their objective and caused tremendous damage," and certainly the aims are Ame- (30 rican, the same old threadbare aims which throve in

Collection: 1956 Treason Trial Collection number: AD1812

PUBLISHER: Publisher:- Historical Papers, The Library, University of the Witwatersrand Location:- Johannesburg ©2011

LEGAL NOTICES:

Copyright Notice: All materials on the Historical Papers website are protected by South African copyright law and may not be reproduced, distributed, transmitted, displayed, or otherwise published in any format, without the prior written permission of the copyright owner.

Disclaimer and Terms of Use: Provided that you maintain all copyright and other notices contained therein, you may download material (one machine readable copy and one print copy per page) for your personal and/or educational non-commercial use only.

People using these records relating to the archives of Historical Papers, The Library, University of the Witwatersrand, Johannesburg, are reminded that such records sometimes contain material which is uncorroborated, inaccurate, distorted or untrue. While these digital records are true facsimiles of paper documents and the information contained herein is obtained from sources believed to be accurate and reliable, Historical Papers, University of the Witwatersrand has not independently verified their content. Consequently, the University is not responsible for any errors or omissions and excludes any and all liability for any errors in or omissions from the information on the website or any related information on third party websites accessible from this website.