mr. terblanche - historical papers, wits university epf j; i thas tht headine og thf documente ? mb....
TRANSCRIPT
21907
MR. TERBLANCHE
MR. TERBLANCHEt My lords, the next accused I 1
propose dealing with , with your lordships' permission,
is accused No.28, P. Tshume.
Here, too, ny lords, I have prepared a Summary
and ask leave to hand it in to Court.
Again, my lords, Part tAt sets out the overt 5
acts which consists of a conspiracy and the meetings
attended by the accused.
Part SB ! sets out the membership\ firstly I
state that from the Defence evidence it appears he w as
one of the leaders in the Eastern Cape, that is he was 10
a prominent member of the A .N .C . during t he period of
the Indictment? he was an executive member of the Cape
A .N .C , and hewas secretary of the Cape A .N .C . for a
period in 1956. He was secretary of the New Brighton
Branch of the A .N .C . and he was an executive member of 15
the A . N . C . Y . L . He was Acting President of the A .N .C .Y . L .
from 1954 to 1956 and hewas President of the A .N .C .Y . L .
Cape in 195 6 c
RUMPFF J ; Yes, well that appears from the
Summary. 20
MR. TERBLANCHE; Yes, my lords„
RUMPEF Js And from documents. Is there any
particular document that you want to refer us to on , B I -
on the documents?
MR. TERBLANCHE;: My lords, the first document 25
is PDN.144, Minutes of the A .N .C . Conference at Bloemfon-
tein on the 1 7 t h December, 1955, which shows that he was
elected to the National Executive Committee for 1956.
My lords, that is a Conference in regard to which LLM.81
refers. Then PDN. 142 , my lords, is a letter headed %
21908.
MR. TERBLANCHE
"African National Congress Cape Province Headquarters
dated 1st December, 1956, signed by T . Tshune as secre-
tary, and the Defence admitted that this was so . . .
RUMPFF J ; Yes, that is found in your submissions.
Is there anything else in the documents?
MR. TERBLANCHE; Not as far as that is concerned,
my lords.
RUMPFF J; Then you give some of the evidence of
Sogoni.
MR. IERBLANCHE; Yes, my lords, that is takenfrom
meetings, to ^vhich reference will be made.
Then the searches, my lords. There I only wish
to draw your lordships' attention to the fact that Strydom
on the 22nd March, 1955? when he searched the house of the
accused he took certain documents from a bedroom and a
living room; accused claimed all the documents except
T T . 2 0 . My lords, if I may just refer your lordships to
that evidence at page 3811 of the record. It says, "And
I read the documents which Tshume claimed as h is , except
that one", and then it says TTo20 is a booklet "The Commu-
nist Party of the Soviet Union and Syllabus, 6 lectures
on the history of the C„P.S .U . ( "Q ) Now what did he say
in regard to T,T„20?~~ (A) He said that it belonged to
his brother who was in Cape Town. I made a note and I
placed it inside the document."
( "Q ) Did you ask him who this brother was?— (A) He could
not give me the name."
( "Q ) Did he give you the address of this brother?— (A) No."
( "Q ) And in what part of the house did you find this docu-
ment?— (A) I1; was in the sideboard in the living room."
( "Q ) Did he toll you with whom his brother had Heft this
21909.
MR. IERBLANCHE
document?— (A) No, I didn't enquire." 1:
Now, my lorcls, when an admission was nade . . .
RUMPFF J ; What is TT.20?
MR, TBRBLANCHE: My lords, I 've just read it , i t ' s
a "booklet "Communist Party of the Soviet Union, Syllabus
5
6 lectures on the history of the C .P . S .U . " My lords,
when this search was admitted at the Preparatory Examina-
tion and read into this record, it was admitted except that
it was stated that TT.20 to TT.24 were found in a room occu-
pied by accused and were not found amongst his papers. My 10 lords , it 's my submission that on this evidence - and this
not having been explained any further by the accused - that
this document was in his possession and was actually his .
RUMPPF J ; How much turns onlhat?
MR. TERBLAMEs My lords, there will be an argument 15
- as far as this accused is concerned.
RUMPFF J; On your submission that it wasactually
his?
MR. TER3LAHCHEs It was actually h is , my lords -
if not his property, at least he had it for a purpose? 20
RUMPFF J; No, you said you were submitting that
it was found in his possession and that it was actually his ,
MR. TERBLAMCHEs If I expressed it that way I
didn't intend to express it that way. He had it in his
possession; that he knew about it and that he had it for 25
a purpose, either to study it or to read it .
My lords, the search on the 5th December, 1956,
that's No.3 - that search was also admitted by the Defence
at page 3821 of the record. Your lordships will find that
1&ere is this search there. Then it was further admitted, 30 oylords,that the documents marked TT.89 to 107 were taken
L
21910. MR. TERBLMCHE
fron the accused, T.Tshune, on 5 / 1 2 A 9 5 6 .
My lords, then I turn to Section ' D ' , Authorship
of Documents. RF022 - this is a typed document headed
"There is a need of new people for both canps, left and
right, New Brighton, re Education - transform into Bantu
Education." This document, my lords, was found . . . .
RUMPFF J: What is that now, Few Brighton re-
education transfoimed into Bantu Education?
MR? TERBLANCBE; That is the heading of the docu-
ment, my lords .
RUM EPF J ; Is that the heading of the document?
MB. TERBLANCHEs That's the heading of the docu-
ment, my lords,
RUMEFF J ; Because that is not put in in inverted
c onnas.
MR. TERBLANCHEs My lords, that is a typing error
My lords, this document was found in an office occupied by
Ruth First on the 27th September, 1955, by D/Sgt.Wolnarans.
The Defence admitted this , except that they said it was
occupied by 'New Age' and that it was found in her presence0
She was a Johannesburg representative of 'New A g e ' , my
lords, and Ftsangani in his evidence admitted that it was
signed by the accused, that is at page 16368 of the record.
KENNEDY Js Signed by this accused?
MR, TERBLANCHEs By this accused, ny lords.
KENNEDY Js Was there a signature on the document'
MR. TERBLANCHEs There was a signature on the
document. I ' l l refer to the document now, ny lords.
RUMPFF Js Well , you haven't got a summary of it
at page 7» . . .
MR. TERBLANCBBs Yes, my lord, I ' l l just refer
21911.
MR. TERBLANCHE
to it . My lords, there is a reference in the record in
this way to this document. RE.22 is a typed document
signed by T.T.Tshune acting President of the A.N.C.Youth
League, Cape, and it is headed; 'There is a need of
nwpeople for both camps, left and right . , n .b . re education
rransformed to Bantu Education.'
RUMIPF J % Yes.
MR. TERBLANCHE; And this signature, my lords,
Ntsangani said was this accused's signature. My lords,
the contents of this document are as summarised there but
I wish to refer your lordships to page 4355 where I
state about seven lines from the bottom 'The purpose of
Bantu Education'. I ' l l just read that portion to your
lordshipss
RUMPFF J; Is this a sumiary of it at page 7 of
your submissions?
MR. TERBLANCHE; I t ' s a summary, my lords, yes.
RPMPFF J ; Is there any particular portion to which
you wis±L to refer us?
M R . T E R B L A N C H E ; Yes, my lords, it says that the
struggle has now reached the most decisive phase of the
struggle against Fascism in South Africa, and that the
African people are thirsty for freedom and demand a
democratic South Africa where there would be a common
ownership of the means of production; white supremacy
will no longer survive, in the not too far years ahead
in South Africa. For that reason the Nats foresaw
the necessity of new African people who will not interfere
with Capitalism exploitation of man by man. . .
RUMFFF J ; I can't follow that. "For this renson
Nats force necessity of new African people who will not
21912.
MR. TERBLANCHE
Interfere wit a Capitalism exploitation of nan by man1.
MR. TERBLANCHE% My lord, that is what the document
says.
MR. KENTRIDCrE: My lords, according to the record
the word 'force1 should be foresee.
MR. TERBLMCHEs Then, my lords, the portion in re-
gad to the purpose of Bantu Education reads as follows:
"With the Bantu Education the Nats intend to produce new
people who wi l l not think of struggling for their citizen-
ship . . . „"
RUMPFF J s Is your summary not good ai ough?
MR. TERBLANCHE; My lords, there I only say "Purpose
of Bantu Education" 5 I didn't summarise there, my lord.
RUMPFF J: Oh, I see6
MR. IERBLANCHEs "The whites want to dominate and
control the minds of the Arrican child from an early age
so that the type of African amenable to the white supre-
macy is produced. Without this step basskap and cheap
labour cannot be a syaten in South Africa,"
RUMPFF; J ; Well , it attacks Bantu Education.
MR. TERBLANCHEs Yes, my lord, but on a certain
basis?
RUMPFF J ; Well , what basis?
MR. (FER3L AMCHEg On the basis that this is the basis
of basskap ani cheap labor.
RUMPFF J; Yes.
MR. T3RBLANCKS; Then it deals with the Libera-
tion Movement which is also in need of new people com-
prising the camp of Materialism, other than that of
Idealism. Then it goes on and says - it criticises those
21913.
MR. TERBLANCHE
who would like to launch a boycott only on condition it
proceeds smoothly and in an orderly manner. "There shall
not be here and there some heavy s acrifices and narrow
and dangerous paths; these are only fearful. All must
unite to defeat Bantu Education."
My lords, then tie next section, accused signed
letters for the Eastern Cape Action Committee.
RUMPFF Js Well , that's to shew he signed letters?
MR. TERBLANCHE; Yes; these signatures were ad-
mitted, my lords. Then TT.44 , my lords, is a copy of a
typed document bearing the signature T.TcTshume and it ' s
headed "Call for 10,000 signatures to support the Freedom
Charter." This signature has also been admitted, my lords.
In the document the following is said, inter alias -
"The working classes assembling at the great Congress of
the People have given blows that have shaken the Nationa-
lists , Strydom and his satellites , and inspired so many
oppressed people for struggle. The glorious successes
and splendid work of the Freedom Volunteers have shewn
the capacity and readiness of the people to undertake the
defence of their freedom." Then it deals with how the
campaign was to be organised, and then it states: "Every
effort needs to be directed to speed the liquidation of
the oppressor forces in South Africa and to advance the
peoples freedom . . . . „" letters
My lords, the accused also signed/for the
African National Congress, Cape, and A .N e C .Y ,L . Cape,
TT .3 ; it deals with the intensification of the campaign
for the withdrawal of children from s chools and with the
popularisation of the Freedom Charter.
TT„54 - also an A»N.C.Y.L circular - accused
21914.
MR. TERBLANCHE
admitted the signature. TT.107, ny lords, is a manuscript
document, being a letter addressed to "Dear Comrade"
dated 16th September, 1956, and it is signed T .T . Tshume.
This signature has also been admitted.
My lords, this document - I 've set out quite
5
lengthy portions of it . The first portion, second para-
graph, states "like Hitler 's colleagues and any other
reactionary group acting against the will of the people
the Nationalists feel insecure among the people. They
are in a state of fear lest they are attacked because 10
they realise the evils in which they are induced by the
Nationalist policy. The more they endeavour to inpl-enent
apartheid the more insecure they feel and they start
history "
KENNEDY Js Is this presumably a draft, or a 15
letter to be submitted for approval?
MR. TERBLANCHEs I t ' s a manuscript document, my
lords, and it is signed, and the signature was admitted.
KENNEDY J: Yes.
MR. TERBLANCHEs The purpose of the letter I don't - * 2 0
know, my lords. Whom it was intended for - or anything like
that, I don't know, my lords. It just shows his views.
KENNEDY Js It shows his views?
MR. TERBLANCHEs His views, my lords, yes . He
is the author of this document. 25
KENNEDY J^ It had to be submitted for approval
though, didn't it?
MR. IERBLANCH3; I don't know, my lords. Yes, my
lords, in the first paragraph it says, "This is a statement
by the A .N .C . Youth League . . . before it is released for
the Press it must be finally approved by the President and
L
21915. MR. TERBLANCHE
and secretary,:" Then attached to that is an envelope
addressed to Mr. W .E . Mati and attached to that is a Press
statement headed "Leaders Banishment". This Pressstate-
mait,
KENNEDY J; Was this a draft Press statement?
MR. TERBLANCHE; I t ' s a draft Press statement, my
lords.
KENNEDY Js To be approved?
MR. TERBLANCHE; To be approved. Whether it was
proved or not, my lords, I am not holding this against him
- only against the accused as expressing his views, my lord,
KENNEDY Jt Yes.
MR. TERBLANCHEs Then, my lords,he refers again to
a journalist s ent from Johannesburg as a result of to
investigate a serious situation existing in New Brighton
caused by the A .N .C , leaders. Aa statements reveal you
will be surprised to find that the A.N.C all its
campaigns in a democratic and peaceful manner. The state-
ments by those in authority are due to the fact that cowards
die "many tines before their death, as predicted by Caeser
and a statement by Antonio? that the evil of man lives
after him,"
KENNEDY_ J° May I take you back; washe then
secretary of the Cape A.N.C?
MR. TERBLANCHE; In 1956, my lords, he was R e s i -
dent, A .N .C .Y . L .
KENNEDY J; You s ay at page 4* 'Hewas secretary
of the Cape A ,N .C , for a period in 1 956 ' .
MR. 1ER3LANCHB; On page 2, my lords, paragraph
8 , he wasPresident of the A .N .C 0 Y .L e Cape in 1956; this
refers to the A .N .C . Youth League.
21916
MR. TERBLANCHE
KENNEDY Js Does that nean he had to approve of
this draft? And if it does, has it got any value? May
it not have been something I 've written and I'm going to
pass this round, what do you think of this? If you don't
agree let me know,
5
MR. TERBLANCHE: My lords, there was a letter
attached to it . I don't think the letter was read in.
My lords, may I just read this - it is a bit confusing.
KENNEDY J : Yesc
MR. TERBLANCHEs TT.107 consists of a manuscript 10
document being a letter addressed to "Dear Comrade" dated
16th September, 1956, signed T. Tshume, and it states:
"This is a ststement by the AoN.C.Youth League re banishment.
Before it is released for the Press it must finally be approved
by the President and the secretary." That is the letter, my 15
lords, up to that. And that is the letter that is signed
by him, the accused.
RUMPFF J: Which President - Secretary is this?
MR. TERBLANCHE: My lords, that is how it ' s
read into the record9 20
RUMPFF Js I know; I'm asking you what is your
submission? Who is the President and the Secretary, or what
President and Secretary is referred to? He himself is
President in 19^6 of the A*N.C oY 0L.
MR. TERBLANCHE: My lords, it may - - of
the Cape, my lords, and this may refer, of course, to the
President of the A .N 0 C.Y o L . National body, otherwise there
is no meaning to this letter, my lords.
RUMPFF J: Is this letter - was that found in
the envelope which is addressed to Mr. W .F . Mate?
i
21917.
MR. TERBLANCHE
MR. TERBLANCHE s It'-s only attached to it , my
lords, there is no evidence.
RUMPFF J; What was Mate's position at that time?
MR. TERBLANCHEs At the moment I can't say, my lord.
MR. KENTRIDG-E; My lord, if it will assist my
learned friend at page 3839 of the record it appears that 5
this is a ststement on behalf of the A.N.C.Youth League
Secretariat, New Brighton.
RUMPFF J ; Yes, thank you, Mr. Kentridge.
MR. TERBLANCHEs That is typed in on page 11 , my
lords, that portion, at the bottom of page 11 . 10
RUMPFF Js For the A.N.C.Youth League Secretariat,
New Brighton.
MR. TERBLANCHEs It may have had to be approved by
the President of the branch.
RUMPFF Js Is there a President of the branches? 15
Or a Chairman?
MR. TERBLANCHEs Chairman, my lord. My lords, no,
I cannot explain what President that would refer to.
RUMPFF Js Well , it might mean the Provincial Pre-
sident, or the - - I don't know - - there were more than 20
one branch in New Brighton, were tlhere not?
MR. TERBLANCHEs No, my lords, i t ' s a big branch,
a Brighton Branch and a Korsten branch5 those are the two
branches, my lordsc
RUMPFF Js Well, w i l l you try andfind out what the 25
position is and what your submission will be tomorrow on
this.
(COURT A BJOURNED. )
30
21918.
COURT R^SUMi]S ON THE 1QTH FJBRUARY, 1961.
APPEARANCES AS BLFOR^.
MR. TERBLnNOHE S
My Lords, yesterday at the adjournment I
was busy with a document, page 10 of the Summary,
T .T . 107 . As then pointed out this document is a
press statement, which was attached to a letter,
addressed to "Dear comrade11, and the etter was signed
by Accused T. Tshune, the signature being admitted.
It is a statement on behalf of the Youth League Secre-
tariat , New Brighton. My Lords, the letter stated that
the statement, which reads s "This is a statement by
the A . N . C . Youth League re banishment. Before it is
released for the Press it must be f inally approved by
the President and the Secretary". There was a question
to which President this could refer . My Lords, the New
Brighton Branch of the African National Congress Youth
Lea, ;ue had a president. I f irst vish to point out, My
Lords, that the record is not correct where it says
thit this letter was addressed to Maki„ It is addressed
to W.F. Matcfc, My Lords. Now Mate was the president of
this branch in 1955- That appears from a document in
the possession of Tshume, T .T . 37 at page 4273, and the
evidence is also, My Lords, that Accused was on the
Executive of the Now Brighton Branch of the 4 . N . C . Y . L .
Now this is in 1956, My Lords, but there is no evidence
as to who the president was in 1956, but my submission
is , My Lord, that this was to be approved by the president
of that branch and by the secretory. This was found in
21919.
the possession of Tshume, and my submission is , My
Lords, that either he was the author of that document
or it has his approval when he sent it off or intended
to send if off for the approval of the president and
the secretary.
ME. JUSTICE BANKER :
Why do you say that?
MR. TJRBLANCHE ;
My Lords, if it had been drawn by somebody
else and sent to him, and he simply sends it on without
any indication that he didn 't approve of i t . . .
MR. JUSTICE BEKKLR s
Let us take it step by step. On what grounds
do you suggest he is the author?
MR. TERBLANC'Li: ;
My Lords, I said either he is the author -
it is found in his possession and he sends i t off for
the approval of the president and the secretary. The
letter is s i g n e d . . .
MR. JUSTICE B^KEQiR :
But it may be purely administratively that
he acted.
MR. TJRBLANCHE ;
Yes, My Lords, but as a member of the
Executive Committee of that branch of the A . N . C . Y . L . ,
i f he didn 't approve of i t , he would have made altera-
tions or suggested those alterations in his letter .
MR. JUSTICE KENNEDY ;
Why?
MR. TERBLANCHE s
My Lords, i f he d idn ' t approve of i t . . . .
21920
MR. JUSTICE KENNEDY %
°omebody else in an equally senior position to
him might have said I want it sent on to the president
and the secretary, and I want to see i f they approve of
i t . I f they approve of i t , then we will release i t .
MR, T-jRBLANCHE ;
That is my submission, My Lord, that this
reflects his views. My Lords, I won't read that now,
because I will be referring to it again at a later stage.
My Lords, the next document is PDN,142, a
letter headed African National Congress Cape Province
Headquarters, dated 1 . 1 2 . 1 9 5 6 , addressed to the Secretary-
General and the signature has been admitted as being that
of the Accused and it deals with the directives regarding
the campaign against passes, which has been sent to all
branches. Then My Lords, I then deal with documents
of which the signature was not admitted or there was no
signature, but which I submit, My Lords, is a document
prepared by the Accused Tshume. It is T .T .£6 , My Lords,
a typed document, headed African National Congress
Youth League, Provincial Conference, Cape, Presidential
Address to the Annual C--nf or..nce held at Queenstcwn,
on the 9th to 11th October, 1954, by T . T . Tshume,
Acting President. This is aow it is headed, My Lords,
it is found in his possession, and liiy submission is
that that is his Address. My Lords, I will also deal
with this document more fully , I will have to refer Your
Lordships to it a gain when making my submissions.
Then T .T . 60, My Lords, page 14, is a letter headed
155 Msinka Street, New Brighton, Port Elizabeth, dated
21921.
the 7 . 1 1 . 1 9 5 5 . It is addressed to one Mr. L . Petros,
for the Secretariat, Budapest, and it boars a typed in
signature Tsanke T. Tshume. It deals with police raids
cn the 27th September, 1955, and it also deals with the
Sixth Festival to bo held in Moscow in 1957.
My Lords, then the Accused also possessed
certain other documents. T .T . 5 is a letter from the
Secretary-General of the A .N .C . datud the 9th March,
1956. T .T . 6 is a similar letter dated the 14th March,
1956.
MR. JUSTICE KEMLDY :
Mr« Terblanche, to what use does the Crown
intend to put T . T . 6 0?
MR. TERBL-aNCHJ s
To show that he had connection with the World
Federation of Democratic Youth. Other letters following
on this will be dealt with later, My Lord.
MR. JUSTICJ OiTNLDY ;
Where does the 7 .F .D .Y . appear in T .T . 60?
MR. TERBLANCHE :
No, My Lord, it doesn't appear in this,
but the replies to this letter will show i t . It is
connected up with other correspondence. My Lord,
T .T .13 is a typed document, with a newspaper cutting
attached to it , and it is headed "statement issued by
the Eastern Cape Regional Committee of the A . N . C . "
dealing with the banning of meetings in the Port Eliza-
beth and Humansdorp Magisterial districts and I will
be referring to that again at a later stage. My
Lords, then T . T . 1 5 , Isizwe of January, 1956, and it is
the same as N.R.Iv. 3 0 . It contains the article "Winning
21922.
Millions of Youth to our s i lo " , dealing with the building
of a mass youth movement capable of playing its part as
the vanguard of the national liberation movement.
T .T . 18 , found in his possession, is a Croxley Pen Carbon
book, and on the cover it states "New Brighton Branch,
A . N . C . 1 956 " , and it shows T. Tshume as Assistant
Secretary and th ; t he was present at that meeting, so
he was on the National Executive in 1956 .
MR. JUSTICE KENNEDY :
Present at which meeting? Did this purport
to cover only one meeting?
MR. TERBLANCH^ ;
It only covers one meeting, My Lords.
MR. JUSTICE KENNEDY ;
Does the Crown want to use this only to show
that according to this book T. Tshume was assistant
secretary in 1956?
MR. TERBLANCHE :
And that he was active, having attended this
meeting. T .T . 27 , My Lords, Resolutions of the
i i .N .C .Y .L . QCape) Provincial Conference at Queenstown
in October, 1954. My Lords, it contains f irstly a
resolution on the Bantu Education l e t , and it contains
a resolution on the Native Resettlement Act, declaring
its solidarity with the attitude and decisions of the
victims of this Act in the Eastern Areas of Johannesburg.
It contains a resolution supporting the Congress of the
People, and it ccntains a rjsolution on trade unions . "
Then there wes road in a portion, My Lords. "This
Conference unanimously declares its solidarity with the
21923 .
attitude and decisions ofthe f i rst victims of this
vicious act, the people in the Western Areas of
Johannesburg. . . . . which aims at depriving African
property owners of their ownership : ights to resist
its implementation with non-violence, but holds the
government responsible for whatever may happen i f i t is
enforced as the government has decided . "
Then T . T . 28 My Lords, i s a typed document
headed "Resolutions adopted at the 5th .annual Conference
of the A . N . C . Y . L . , A p r i l , 1953. My Lorls , this document
- on this document the Accused Resha gave evidence and
he admitted that thes~ were the resolutions. Th .t is
at page 17129 My Lord, I will deal with these resolu-
tions again at a later stage. T . T . 30 My Lords, is
a l etter , a carbon cgpy of a letter , African National
Congress Youth League, Orlando, Johannesburg, dated the
23rd January, 1955 , to the Provincial Secretary,
A . N . C . Youth League, Cape and it is signed in ink ,
"Down with the f a s c i s t s , freedom in -u.r l i fetime,
D. Sokwe, Duma Nckwe", for National Working Committee.
I t deals under the heading 'Campaign" with the decision
£>f the A . N . C . to intensify tne anti-Bantu Education
campaign, the -anti-Removal Campaign, dealing with the
decision of the removal on the 12th February, and n
page 2 it deals v/ita the Colonial Y'.uth Day on February
21st , and the necessity to delebrate that day" .
My Lords, T . T . 35 is a carbon copy of a
document headed "Speech delivered by the Secretary-
General of the African National Congress, Mr. W.M. Sisulu
on ounday 28th March, 1954 , at Veeplaats. My Lords, that
21924.
document has been dealt with on more than one occasion,
and I will r^fer to it again.
T .T . 37 is a letter from thi A . IT .C .Y . I . New Brighton
branch, dated the 4th February, 1955. It shows that
.accused was elected as an official of the branch.
T .T . 43 My lord, is an amended draft Constitution of
the A .N .C . T .T . 49 is the Constitution of the A . N . C . Y . L .
T.T . 51, i'vly Lord, is an African Lodestar, issued by the
A . N . C . Y . L . , November, 1953, it is the same as a . 203 ,
and it deals with Africa for Africans and also with
Trade Unions.
T .T . 52 is a typed document headed African National Congress
Youth League, New Brighton, being resolutions passed at
the a . N . C . Y . L . public meeting on 10th February, 1955, at
T.C. -Vhite Hall . It reads ; "This meeting of the A .N .C .
Youth League held on the 10th February, 1955, pledges
its solidarity with and support for the stand taken by
the people of Sophiatown to resist the removal scheme
and will endeavour by all nuans t meet them". Paragraph
2 calls upon the government to withdraw the police force
patrolling the streets of Sophiatown. Paragraph 3 refers
to a statement nr.de by the Minister of Justice that
Sophiatown Africans arc, armed with machine guns, sten
guns, pistols. It says that this is false. Paragraph
4 My Lords states : "Because it regards it as an act
of unwarranted interference, this me ting demands the
immediately release of Mr. Robert Resha, President-
General of the A . L . C . Youth League. Furthermore, this
meeting supports the decision taken by the A . N . C . , the
mother body to held a public divine national service on
21925 .
on the 12th February 1955 as a n>.ans of offering prays to
the xilmighty to guile u s . . . in connection with the
iniquitous removal scheme'.' ivy Lords, I read this for
two purposes, My Lord. Firstly , to show his knowledge,
and secondly - his knowledge of the Western Areas Removal
Scheme, and secondly, My Lords, this theme one also finds
in the speeches st meetings.
i ' .T. 53 is the next document, it is an ^frika journal
of the A . N . C . Y . L . it is the same as G.M. 30 . I t contains
the article Greater Tomorrow which commences as follows :
" I n this issue of Afrika we desire to unveil before
African youth a vision of tie Afrika we are aiming to
create in the not too distant future " . Your Lordships
will remember I also dealt with that article yesterday.
T . T . 54 is an A . N . C . Y . L . circular from Port Jlizab-th,
Cape Province. I t bears the written signature, T . T .
Tshume, President.
T . T . 55, is a document "Basic Policy of the A . N . C . Y . L . "
T . T . 79 My Lord, is a roneol document headed Statement by
Mr. »'.M. Sisulu, Secretary-General of the A . N . C . and it
is dated the 20th .august, 1954. I t deals with the fact
that hv. was ordered by the then Minister of Justice to
resign from the a . N . C . This document has also been
dealt with on several occasions, My Lord, but I will
be quoting certain passages from i t .
MR. JUSTICE KJKITLDY :
I wonder i f I could take you back to
page 18 , T . T . 35 , it was the subject of considerable
liscussion - it has been dealt with c nsiderably before.
That was the document concerning the Accused Sisulu, and
21926.
the Report "by Segoni, whore the Court indicated - I
sp ak for myself - that the conparison between the two
was odious. You will bear in mind the attitude of the
Court when you do use this , T .T . 35, for any purpose.
MR. TJRBLANCHJ! :
I an only using T .T . 35 My lords to show what
knowledge this Accused had, fron this document which he
hal in his possession.
T .T . 80 is Luthuli 's Presidential address at the Queens-
town Conference in December, 1953* It is the same as
N.R.M. 11 , My lord.
T .T . 83 is a document Presidential Message and Call on
the anniversary 1956 of June 26th, by a . J . Luthuli,
President of the A . N . C .
T . T . 90 My Lords is a bulletin Sechaba, the bulletin of
the New Brighton Branch of the A .N .C . and it shows
T .T . Tshume a3 Secretary ofthat branch and it bears the
signature of Accused on the cov^r page. It has been
r.dmittoa ttrt th: t is his signature. Is in the Zosa
language and a translation was read into th.. record.
It contains the speech of C . J . Mayekiso, the Chairman
of the New Brighten Branch. T .T . Tshume, in his capacity
as Secretary, was the author of the Introduction. There
was also a portion dealing with the branch executive
Commit :ee Report. My Lords, it also shows that Tshume
was 011 the National Executive Committee in 1955 to 1956.
But that is the nearest I cin getto the date My Lorl, as
the bulletin is undated. My Lord, I also dealt wit.i
this yesterday. Your Lordships will remember that in
that report it is stated that members of the branch
21927 .
executive Committee should attend branch meetings regu-
larly in order to be well informed and lead the people
in an able manner. To this end members were urged to
pay special attention to local problems and to study the
history of the liberatory movement in other foreign coun-
tries and their relation with local conditions. Hence
the advisability of reading such publicatio ns as Libera-
tion, Fighting Talk, Isizwe, and especially the workers
paper, the New h.{_e. All the work connected with the
struggle for libe ation is in the hands of the Branch
executive Committee which is elected annually. The
Committee is the vanguard of the people and it must meet
the people on their demands." Then My Lords, the
next portion s "We feel proud of volunteers w o obey
the directives of Congress leadership for their readi-
ness to work at short notice. We say "hats-off" to the
local volunteer board for its rigid enforcement of disci-
pline amongst volunteers. I f the volunteers are
always in preparedness to do work allocated them
without question there is no reason why the people
should not be freed from the bonds of oppression.
Political study troups ai„ongst volunteers ar- v~ry
important. The leaders of this branch are trying
by all m ans to provide political lectures for the
volunteer group leaders. It is necessary that
the Jxecutive of this Branch Siould stress the
importance of political study groups (of tens) ,
to be shouldered by the local Volunteer Board where
volunteers will be given lectur-s on political matters
and th ; role of the volunt-ers in the national liberatory
21928.
movement. Let us not retro it fellow Africans. Let us
not falter for we seek living in the land of our ances-
tors. Let us have courage for we demand our - for our
liberation. No country has ev~r achieved freedom without
patriots. Our freedom depends on the men and women
who will make sacrifices for their country - the Volun-
teers. Long live the Freedom Volunteers". My Lord,
it also shows that T. Tshume was on the National Executive
Committee in 1955 to 1956.
T .T . 91 is a letter from the A . N . C . dated the 25th ^pril
1956 , to all branches of the A . N . C . , and it deals with
defence money urgently needed for Winburg.
T .T . 95 is a letter from the a . N . C . dated the 15th
August, 1956, addressed to the Regional Secretary, A .N .G .
lort Jlizabeth.
T .T . 100 My Lords is a letter from the A . N . G . dated th.
30th May, 1956, addressed to the Secretary of the A . I T . C .
Port Elizabeth stating in the last paragraph..-" My Lords,
that I won't read.
T .T . 101 is a typed copy of a circular letter to the
Irovinccs, Regions and Branches of the a . N . C . It says
"The time has cor.e, keep abreast with events and the
mood of the masses", and it reads as follows %
"Dear Friend, the N . J . C . is distressed by the failure
of Congress members and branches throughout the country
to take action on matters wiich are of vital importance
fo the people. V.ar is made against our fellow Africans
in ugypt^ the police fire on crowds and kill our people 5
leaders are Reported and threatened with arrest-, passes
for women an 1 men too become a burning question and the
21929 .
Congress is quiet! Why!1 " Then it says ;"From now
on every Congressite, man, woman, youth and every f ie ld
worker must come out to mobilise the mighty freedom
force against the n a t i ' n a l i s t regime. Please find here-
with enclosed a specimen leaflet for printing and dis-
tributions by your provinces, r e g i n s and branch organs. "
It comes from D. Nokwe, assistant Secretary-General.
A similar letter has bejn dealt with too, My Lords, when
the case of Nokwe was argue 1.
T . T . 102 , a letter from the a . N . C . dated the 12th
September, 1956, to all Provinces.
T . T . 105 , is a manuscript document addressed by the
Provincial Secretary of the A . N . C . Y . L . Stutterheim, to
the assistant Provincial Secretary, New Brighton, Port
Elizabeth dated 1 . 4 . 1 9 5 5 .
MR. JUSTICE KENNEDY ;
Would you tell us why you want T . T . 1 0 0 and
T . T . 1 0 2 , because they arc not really of any u s e . . .
MR. TERBLANCHE s
It just shows, My Lord, that the accused was
active, having these letters in his possession in my
submissions shows that he was active, he wasn't just a
member.
MR. JUSTICE RUMPFF i
I seem to remember that on your membership
you shows him as a member of a number of committees up
to the Presidency of the -&.N.C.Y.L. Cape. Now do you
quote T .T . 102 to show that he was active?
MR. TjRBLANCHE S
..til these letters , My Lord . . . .
21930 .
MR. JUSTICE PJJx.'ZFIF :
I an on T .T . 102, Mr. TerLlanche. We have
got to consider every one of your submissions. This is
one of your submissions that we must consider, T . T . 1 02 .
Now we are trying to find out why must we consider T .T .
102.
ME. T jRBLANOiLJ :
My Lords, T .T . 102, with all the other
letters found in his possession, in my submission shows
that ho was active.
MR. JUSTICE RUIvZFIF s
How does it show that he wes a ctive if a
letter is found in his possession?
MR. T iRBL-nNCHE :
My Lords, it shows that these letters came to
him, that . . .
MR. JUSTIC3 RUMPFF :
T&at the person who sent the letter was active.
MR. TjRBLANCHE s
And considered iiin to be such too.
MR. JUS TIC j RUMPFF s
Was this letter addressed to him?
MB. T .RBLaNOH^; S
It only says that it is addressed - My Lord,
T .T . 102 is a circular letter addressed to all Prcvinc-s.
MR. JUSTICE RUMPFF ;
Bo you say that if I am found in possession
of a letter , the inference is that I am an active person?
MR. TERBL-aITCILj s
The person holds certain positions, My Lords,
21931.
and he has that correspondence in his possessi n. It is
ray submission th$t it shows, My Lord, an active interest
in the organisation of which ho is a member.
T .T . 106, My Lords, consists of three letters - I will
leave that out, My Lords.
Then he had in nis possession a letter
addressed to the Secretary of the A .N .C . Korsten Branch,
from the Federation of South African Women, Port Eliza-
beth. That is T .T . 104 .
Then in connection with the South African
Congress of Democrats, he had T .T . 63 which isua Counter
Attack of November, 1956.
T .T . 71, the booklet, We Are Many. T .T . 72, The
Threatened People. T .T . 74, the booklet Where the Devil
Drives. My Lord, in ray submission this shows that he
had connection with this organis tion, which is mentioned
as one of the organisations in the Indictment.
Then in connection with the South African Indian Congress,
he ha 1 the journal New Youth, T .T . 63, - the New Youth of
September, 1954.
Then the National A c t i n Council of the
Congress of the leople, My Lords. T . T . I , a Freedom
Charter.
T .T . 25, this is a cover marked "Volunteer ; ', and it
contains, firstly, My Lords, The World We Live In , ^ . 8 4 ,
and secondly a document in a Bantu language, B .35 . The
evidence was that it is the same as B .35 . B. 35 is the
Report from the National Volunteer Board.
T .T . 26, is the document "elcome Freedom Volunteer.
T.I'. 31 is a carbon copy of a document C .O .P . eastern
21932 .
Province Region, dated the 16th September, 1955 and it
deals with the Congress of the People and the Freedom
Charter, which i t supports.
MR. JUSTIC.J RUr'PFF :
Is it necessary to deal with these documents
in detai l?
MR. TJRJlAlICm i
ITo, Fy Lord, i t is not necessary, it is stated
there. He also possessed certain Fighting Talks,
Liberation , New Age, and he had certain documents from
the 7/orld Federation of Trale Unions, My Lords, and he
also had certain documents from the V/orld Federation of
Democratic Youth, and also a document dealing with that
subj .ct, T . T . 29 , which i s i. circulated dated the 30th
January, 1954, New Brighton, Port Elizabeth , issued by
the Organising Secretary, to "D^ar Fr iends " , and it
deals with the Colonial Youth Day. My Lords, I will
be referring to that again. I am only using it that
he had knowledge of that document.
MR. J U S I C J ILJNNLDY :
Th~ Organising iecretary of what? Do«3 it
say?
MR. T-JRBLaNCHJ S
My LorI , it doesn 't say, but I submit that
it is the Organising Secretary for the Committee which
was to organise Colonial Youth Day in New Brighton.
MR. JUSTICE RUMPFF :
Why do you say that?
MR. T-3KBLANCHJ1 :
My Lord, I w i l l read the document. "The World
21933.
Federation of Democratic Yvuth, representing over
80 million youth all over tne world, has once more issued
a call for youth tJ Celebrate ffloloiiial Youth Day on
February, 21st, 1954 . " xhen My Lords ; " In spite of
the short notice we hope your organis tion will do all
in its power to sendrepresentatives to this inau 0ural
m e e t i n g . . . "
MR. JUSTICE RUMPIF S
Just r^ad the last portion of the f irst
paragraph there, "Already in other parts of South
Africa Colonial Youth Lay Conunittees have be^n formed. . "
that is the last sentence of the f irst paragraph. That
is what we want.
MR. TJH-.L^Ng&j :
Yes, My Lord, and then it refers to arrange-
ments made in Port Elizabeth, so th. t is my submission
that this is the Organising Secretary of this Colonial
Youth Day Committee.
T .T . 33, My Lords, is a typed document headed The Sig-
nificance of 7orld Youth Day, and it is the same as A . 9 .
I will be dealing with this a^ain at a later stage.
T .T . 58, a letter f r .u the / . F . D . Y . dated the 13th
September, 1955, addressed to T. Tshume, New Brighton,
Port Elizabeth. It thanks the addressee for a letter
and asking him for more information as the V.x ' .D.Y. has
already started preparing for the Sixth Festival,
which will be h~ld in Moscow in 1957. My Lords, that in
my submission refers to T .T . 60.
T .T . 59 is a 1 tter from the W . F . D . Y . dated 5 . 1 2 . 5 5
addressed to T .T . Tshume, New Brighton, lort Elizabeth,
21934.
and it states % "Dear Friend, we are v^ry pleased to
receive your letter of November 7th. We know your
situation and qy.ita understand the reason for the
interruption in correspondence. We want to thank you
in advance for the ad Iresses which you will send us.
They will be very useful in our work lor the youth
organisations in your country. Concerning your request to
advise your friends in our review to write to you, we
will only be. too glad to do this, as you nay know, we
are preparing for a celebration of February 21st, the
day of struggle against colonialism and solidarity with
the colonial youth. We would appreciate it if you could
write to us a plan of your organisations in jour town
concerning this day . "
T .T . 62, My Lords, is the Information Service of the
W . B . D . Y . , a bulletin dated July/tiu ust , 1956.
Th^n My Lords, there are the documents
T .T . 20 and - to T .T . 24 which I pointed out to Your
Lordships, when he was searched, he said that T .T . 20
didn 't belong to him, but belonged to his brother, he
couldn't give his name or his "brother's address. Then
the admission was made 20 to 24 was excluded, and he
said it was found in his house, but i t i idn 't belong
to him. These documents, My Lords, were described by
Professor Murray, the f irst one, he said that portions
of this document - rather, " I t contains a vory brief
history of the Communist Party on the basis of Communist
doctrine and interpretation", and he also stated that
T .T . 21 contains Communist matter. T .T . 22, the
contents of this book is Communist matter. T . T . 23 , he
21935 .
said i t contains communist matter. T . T . 24, he said the
matter in this document is communist.
MR. JU5TIC.J RUMPFF :
What does it mean by that?
M R . TJRBL-TINQK... S
My Lords, that is part of the oth~r argument.
I put it in here for convenience of anyone who may follow
me in this argument. Mr. Liebenberg will deal with these
exhibits and other matter found in possession of Tshume.
The same applies , My Lord, to T . T . 84 and T . T . 85 .
Then My Lords, I have a heading there,
"Unclassi f ied " , these are documents which have been
mentioned in this case, and I cannot say from which
organis tion it comes. First is a booklet, "South
Africans in the Soviet Union" , is it-- it is the same as
A . 1 9 7 . Secondly, My Lords, a document T . T . 88 . It is
a document in a Bantu language. Fortions of the
translation were read into the record at page 9 9 8 7 / 9 3 .
My Lords, it is a long document, I am not reading the
whole. The gist of it refers to - it lauds Karl Marx,
tells about him, and then it deals with the Communist
Party, and it further deals with capitalist governments.
MR. J UjTIOJ BACKER ;
Is this a typed document or a manuscript or
roneod or what?
M R . T J K B L A N C H B S
My Lord, it is just described as a document
in a Bantu language, a translation will be provided in
due course. That is according to the record, My Lords.
My Lords, andthen where the translation was read in , i t
21936 .
states ; "Now would you look at the typewritten docu-
ment, T . T . 88 , together with the manuscript document
which I think is in your handwriting" . Is it a type-
written document, My Lord. I t also deals , My Lord, with
the l iberation struggles in africa, and i t deals with
the l iberation struggle in South Afr ica . It deals with
how the people had fought, trade unions , liberatory
movements, and the result - vith the result that many
of thorn lost their l i v e s . I w i l l be referring to that
document again, My Lords. My Lords, this document shows
at least th:«.t he had knowledge of liberatory struggles
in other parts of the world. My Lords, I will be dealing
with this locument again, but as this is a document which
I cannot connect vvith any organisation, I would rather
make my submission on it now, and that is that from this
document the Accused had knowledge of - he called the
government of South Africa capita l ist , - he had knowledge
that the government of South Africa was considered to
be a capitalist government.
MB. JUSTICE RUMPFF :
By whom?
MR. T.JRBL^NOHJ s
By whoever was th- author of this document.
MR. JUSTICE Bui IFF F :
How are the views of the author of this
document relevant?
MR. T,RBL-,NCHE :
My Lords, he has this document in his
possession, and from this document - those things are
stated in this document. Keeping' i t in his possession,
21937.
My Lord, in ny submission Ihose were also in accordance
with his views.
MR. JUSTICJ RUMFFF :
Because he ha 3. it in his possession? Because
he had this document in his poscession, the contents of
it was according to his views? That I don ' t follow.
MR. TJRBLrt.NOHi! s
My Lords, he at least knew from this document
about the liberatory struggles in other countries.
MR. JUSTICJ RUMPFF s
That somebody made certain allegations about
the liheratory struggles anl so on.
T jKBLS-NCHE :
And also, My Lords, that the struggle in this
country caused the death of people.
MR. JUSTICJ RUMPFF :
That somebody said so in this document.
Then you have put it a l ittle bit high, "that he knew".
MR. TYRBIuiNCtU s
My Lords, this locument deals with the same
topics which other documents of his organisation deal
with, the liberatory struggles in other countries.
MR. JUS TIC., RUMFFF s
Vv'ellj that is another matter, i sn ' t it£
MR. TJRBL^NCH^ ;
It deals with the same topics, My Lords.
I t describes these liberatory struggles in o t h e r coun-
tries, and it also refers to the liberatory struggle in
this country, and it refers to people who lost their
lives in that struggle. So that, My Lords, my submission
21938.
is that the accused, from this document, knew that the
struggle that they Wore carrying on might result in
violence.
MR. JUS TIC J KENNEDY s
Because you say he know the contents of it?
Is that what you say?
MR. T-jRBL^NOriJ! 2
Yes, Mv Lord. Jven the struggle in which
in my submission the Accused was concerned in South
^ fr ica , it deals with that, and therefore My Lords, in
my submission he knows the contents of this document.
It refers to certain persons closely connected with the
Africah National Congress . . .
MR. JUSTICE RUMPEF s
You made your submission that we must infer
from the fact of possession that he knew the contants of
this document, because it contains some topics which
appear in other documents.
MR. TEEBL̂ NCi.-.iE s
It refers to the African National Con^r^ss
as such and persons connected with the African National
Congress.
MR. JUSTICE RUMITF s
And what must we infer then?
MR. T jR3IutN0fL-i :
That he knew, My Lords, about the liberatory
struggles in other countries and about the liberatory
struggle in South Africa , and trade unions, that people
should form up their trade unions and strengthen their
national liberation organisation. "African workers have
H 9 3 Q »
fought many a time for their r ights . " and then he
mentions a few instances where % incidents in the
long struggle "by trade unions in the liberatcry
movement, where people have lost their l ives . And
the bloody methods used by the oppressor, such as
murdering, used by the oppressor in trying to suppress
the workers.
MR. JUSTICE RUMPFF :
What is the inference then?
ME. TERBLANCHE :
The inference is , My Lord, thathe knew that
the struggle in which they were engaged, the liberatory
struggle, might result in violence.
MR. JUSTIC J RUMPFF 5
By whom?
MR. TERBLANCHE 3
By the bloody methods used by the oppressor,
My Lords. I then turn to deal with the meetings, My
lords, and firstly I set out two meetings at which the
Accused spoke, from Exhibit X . 20 , showing that he was
active. My Lord, the first meeting I deal with is a
mc-ting of the 6th April , 1954, held at New Brighton,
Port Elizabeth, the witness is Segoni, the chairman is
Kepe and one of the speakers was Tshume,. Accused 28.
He is reported to have sail , My Lords ; "'The time is
coming for us to carry out an underground movement.
You must all read newspapers which is Advance. The
advance newspaper is going to publish the propaganda
of the A .N .C . This newspaper was called Guardian,
Peopl 's World, and no\fe it is called Advance." And then
21940.
My Lords, "There arc certain magazines which have been
banned too because they don't want them to be read
by the Africans. You will reme:..ber that when the Dutch
people arrived here murdered our chiefs and later
fought amongst themselves. In Parliament there is a
Liberal Party which also fights for government this
- for governing this country. Our fathers were staying
at Korsten, Uitenhage and other places, but they
were removed to New Bright-n." He then referred to the
removal from the Western Areas, Johannesburg, and he
said ; "But all those laws are bad. The Europeans are
fighting for the capitalists to have the wealth of this
country. Malan knows that he will dieone day but he
wants to fight for his generation. Mashabala and Nkosi
who were shot in Durban during the bur ning of the
basses tried their best. Since the Defiance Campaign
started the oppressed people are not prepared to
retreat, and they all say freedom in our lifetime.
When Sisulu went over to Russia and China he met
some leade 's ther^. The government of this country
did not know that Sisulu had gone overseas. When you
g«t your freedom laws won't prevent you. This day
marks importance of the 6th April when we went to the
mountain. The African youth must take a part in
pol it ics . " ^nd then he referred to the boycott of
shops in New Brighton. My Lord, in addition to what
he said, I wish to point out here again there is
mention of Sisulu who went to Russia and China without
the knowledge of the government, which shows, My Lords,
in my submission that Segoni probably took down correctly
what was said by this speaker. I mention that specially
21941 .
My Lords to show that this theme that also appears in
documents and in other speeches, and that Segoni
probably t ok down correctly in this instance. That is
a topic mentioned many times. My Lord, there was no
specific cross-examination on this meeting.
The next meeting, My Lord, is a me -ting of
the A . N . C . Y . L . held at New Brighton on the 10th April ,
1954. The witness was one Mredlane, My Lord. My Lord,
no particulars of his speech were read into the record,
and there was no specific cross-examination on this
meeting. I only mention that, My Lords, to show his ac-
tivit ies .
Then My Lords, a meeting of the A . N . C . Y . L .
held at Korsten on the 27th May, 1954 . The witness was
Native Detective Sergeant Sigoni, My Lords, Mondani
was t h e Chairman, the speakers w e r e Tshume, Ntsangani,
and Matshe (Matji ? ) . Now Tshume, My Lords, was the
f irst speaker, and he said - he encouraged the people to
join the African National Congress Youth League, and
he spoke on behalf of the A .N .C . Youth league on their
activities , ^nd then he said ; "The government has
proved that it is fighting against the African youth.
T h e r e is n struggle that could be carried out without
the youth. The youths are required to join the
A . N . C . Y . L . sc as to achieve freedom as other nations" .
The cross-examination, My Lords, appears at page 9792,
and in regard to Tshume's speech he was asked why he
put " inter alia" and he said it was because it was some
of the things that Tshume said.
My Lords, I also refer Your Lordships to the
21942.
speech of Ntsangani and that of Matji . My Lord,
Ntsangani is reported to have said ; "Today is the
celebration of the Korsten A . N . C . Y . L . and it is thbre
to support the mother body. In the history we learn
that there are nations fr^e in overseas and that was
achieved through the youth. In Kenya the people active
are the African youths. The A .N .C . don't expect arms
to be carried, but it informs us to expect bloodshed
from those in authority. The government of this country
is prepared to have bloodshed. The government of this
country is prepared to have bloodshed because it doesn't beats ?
want to us - to give us piece of bread. If a man greets
you one (?) is th^re to retaliate. The Europeans are
going to force to form up Mau-Mau in this country, and
we have already heard about Cheesa-Cheesa army. We are
going to oblige to stand as men. The A . N . O . Y . L . was not
formed to work against the A .N .C . but to support it .
The A . N . C . Y . L . is there to stand as members for the
A .N .C . The African child is going to be deprived of
education in these days and that won't help him. This
education is going to teach African children to know
that the White man is a toss. On account of the White
colour the Africans are forced to believe that the
Europeans are oppressors to oppression ( ? ) . " Then the
speech of Matji (?) My Lords, who is alleged to hav^
said ; " I . . . . . . this afternoon freedom of people
in this country. Objective conditions forced by those
in authiPicity. When our people discover that we live subjective ?
under certain objective (?) conditions, they act because
it is not sufficient for youth to belive in oppression (?)
21943.
and you must proceed towards some other steps against
exploitation . "
MR. JUSTICE RUMPFF ;
Now what is your submission about this
Accused Tshume in relation to those speeches?
MR. T -jRBLANCHE :
My submission is this , My Lords, that Tshume
was a member of the Executive of New Brighton. This
meeting was held at Korsten. My Lords, I hold against
Tshume that here from this speech of Ntsangani he knew
that they had to expect bloodshed from the authorities
in the struggle. The second is , My Lords, that Ntsangani
however expressed the view that one should retal iate ,
and that they would use the same methods eventually as
in Kenya, wherehe says the 3urope?,.ns are going to force
to form up Mau-Mau in this country.
MR. JUSTICE B-iKKbR s
That passage about retal iation , just read
that again?
MR. TERBLANCHE s
He said , My Lords, "The government of this
country is prepared to have bloodshed, because it doesn 't
want to give us piece of bread. I f a man beats you,
one is there to r e t a l i a t e " . "The Europeans are going
to force to form up Mau-Mau in this country, and we
have already heaid about Cheesa-Cheesa army' .
MR. JUSTICE HJMPPF ;
What does that mean?
ME. TERBLANCHE s
My Lords, there was some mention about the
l
21944.
Cheesa-Cheesa a m y , but no evidence was really led about
i t ,
MR. JUSTICd RUMPFF s
What does that speech mean? Or that report
of the speech?
MR. TERBLANCHL 2
My submission is , My Lords, as I have already
said , that they could expect bloodshed in th^ir struggle
from the authorities , and that he went on and expressed
the view that they had to retaliate i f force was used
against them.
MR. JUSTICE 3EKKLR :
And then that reference about the Mau-Mau?
And the Cheesa-Cheesa? I ' l l tell you what exercises my
mind, Mr. Terblanche, other evidence as to the A . N . C .
generally reveals that in regard to the Mau-Mau, and the
Cheesa-Cheesa army, that the A . N . C . regarded that as
something put up by the government, not a real movement
at a l l , and it is nonsense to suggest that was the
position in South Africa . Now i f that were the view
held by the A .N.C. generally, and you read that, can you
rely on the correctness of those words there? As revealin
what the general trend of the A . N . C . was?
MR. TERBLANCHB S
My Lords, I am not using this to show the
gegeral trend in the A .N.C. I use it to show what the
state cf mind of these people in Port Elizabeth was. —.
M R . J U S T I C E BIDKKLR :
But 1 use the general tr„nd to t~st the
rel iabi l i ty of Segini . Now if that is directly the
opposite of the general tre id - the general view h~ld
21945 .
"by the A . N . C . , should one not he on the query?
MR. TERBLANCHE s
My Lords, there are many speeches in which,
in the Eastern Cape, the vijw was expressed, advocated,
that they must use the same methods as the Mau-Mau used .
in Kenya. My Lords, that was taken down, not only by I
one reporter, but by more than one reporter.
MR. JUSTICE BEKXER :
And that speech suggests there that the govern-
I ment is going to force us to put up a Mau-Mau. Is that
what it suggests?
MR. T.RBLiiNCHE :
That is what i t suggests, that by the acts
of the government - it can also suggest, My Lords, as
has been suggested in other documents and speeches,
that as Your Lordships pointed out, that the Mau-Mau
was only f ict ion , an excuse of the government to use
force against the Kenya people, it can of course also
have that meaning, that the government would also accuse
them here of forming Mau-Mau cr Cheesa-Cheesa as an
excuse to use violence against them.
MR. PLETMAN s
My Lord, I don't wish to interrupt, no doubt
by my - my opportunity will arise to deal with this,
but evidence was given as to the very word "retaliate "
by the witness Ntsangani at page 162 51 of the record,
and he denies having dealt with i t .
MR. TERBLANCHE s
My Lords, Ntsangani 's evidence will be dealt
with ful ly at a later stage.
21946.
MR. J US TIG j) BjjlKKLR :
It is a question of correlating the thing.
You see, here you have got your submissions on Tshume.
In reply to a question put to you by the Court, you
said you are relying int^r alia on and you are holding
it against Tshume what Ntsangani said.
MR. JUSTICE BUMPFF s
Then you quote to us what Ntsangani is repor-
ted to have said, and then e enquire into what he said
and so on, in other words this speech of Ntsangani is in
issue now. Then you say well, I am not going to deal
with the merits of that speech, it may be rejected
altogether at a later stage, the report of it may be
rejected, but on the basis that it is accepted at a
later stage, I now say that that is the position here.
It makes it very di f f icult to deal with this sort of
argument.
MR. T^EBLANCHig :
viy lords, I informed Y ur Lordships yesterday
that I am not dealing with the evidence given at - on
these meetings by Ntsangani and Nkalipi , because that
will be dealt with fully when their positions are
argued.
MR. JUSTICil BJKKLR s
'lro you going tD deal with Ntsangani?
MR. TJEBLxiNCHifi :
No, My Lord, my learned leader Mr. Trengove
will deal with both Ntsangani and Nkalipi .
MR. JUSTICE K21NNLDY ;
It would make it very much easier for us,
Collection: 1956 Treason Trial Collection number: AD1812
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