22,880.

MR. VAN NIEKERK

2 3 / ^ 1961

MR. MAISELS; My lords, the accused Kathrada has

some eye trouble and is seeing a doctor this morning; as

soon as he has been attended to, my lords, he will endeavour

to malce his way to Court, and I ask your condonation and

that the proceedings proceed in his absence.

RUMPF7 J; Yes.

MR. VAN NIIKERK My lords, the next accused is

Joseph Molife, accused No.10, The argument has been

prepared and I beg leave to hand copies into the Courts

As in the other cases, ny lords, there is an index

and seotion A deals with the Overt Acts, and I might at

this moment say that the third Overt Act has not been proved

and the fifth Overt Act has not been proved, my lords,

and as far as the fourth Overt Act is concerned the Crown

will not rely on that as an Overt Act but will rely on it

as proving the conspiracy. So the Crown will only rely

on Overt Acts Nos. 1, the conspiracy as set out in Part B

of the Indictment, and the attendance at the Conference of

the Congress of the People.

My lords, Section B, page 2, deals with member-

ship and accused's positions in the organisations. It sets

out, ny lords - - I just want to draw special attention to

the fact that Conco said that accused was a prominent member

of the African National Congress Youth League, and Resha

said that he was a member of the National Executive Committee

of the African National Congress Youth League in 1953 and

1954.

RUMPFF J; Where are you reading from?

MR. VAN NIEKERK; Pardon, my lord?

22,881.

MR. VAN NIEKERK

RUMPFF J; Where are you reading from? 1

MR. VAN Nil 1KERK; F and H, rny lords F, G

and H, my lord. My lord, all these positions have "been

set out and with respect my submission is . . .

RUMPFF J ; Just a moment.

MR. VAN NIEKERK; My lord, the accused took 5

part in a conference at Bloemfontein,in the 1955 conference,

and that appears from Minutes which were found in the pos-

session of . . . .

RUMPFF J; What part did he take?

MR. VAN NIEKERK; It doesn't say, my lord, 1 0

as far as I can recollect. He didn't say what part he

took, ny lords.

RUMPFF J; Does this mean that he was present?

MR. VAN NIEKERK; He was present , my lord,, at

the conference and he took part in the deliberations, accord- 15

ing to the Minutes.

BEKKER J; Do the Minutes say he took part?

MR. VIN NIEKERK; As your lordship pleases,

KENNEDY J; What do they s ay?

MR. VAN NIEKERK; Mr. Molife, my lords, page 2 0

2775, line 10 - 'Molife pointed out that what appears in

•New Age' is more than a review about 29 lines

are quoted from the verbatim report, my lords'.

RUMPFF J; I'm sorry, I couldn't follow that..

MR. VAN NIEKERK; I say, my lord, the record 2?

reads . . .

RUMPFF J ; The Minutes of the Conference.

MR. VAN NIEKERK; That is the Minutes of the

Conference, my lord. PDN.144, my lords, page 2775, line

10 - line 11. "Mr. Molife pointed out that what appeared

22,882.

MR. VAN NIEKERK

in 'New Age' was more than a review as 120 lines were

quoted verbatim from the report".

KENNEDY J; Is that the accused?

MR. VAN NIEKERK; My submission, my lords, is that

that refers to the accused.

KENNEDY J; Why?

MR. VAN NIEKERK: Well, my lord . . . .

KENNEDY J: Is there any evidence that there was

only one Molife in the A.N.C; so far as I know it is quite

a common name.

MR. VAN NIEKERK: According to the witness Dunga

my lord, Molife was present at the conference; that evidence

is , , .

RUMPFF J; Did he give evidence that the accused

Molife as at that conference?

MR. VAN NIEKERK; He said, my lords, - his evidence

appears at page 46 of the Argument, where I deal with the

meetings.

RUMPFF J; Are you referring to your Heads of

Argument?

MR. VAN NIEKERK: I'm referring to my Heads of

Argument, page 46, my lord, at the bottom of the page.

Unfortunately I haven't got the page number - but I ' l l get

t h a t . . . . . .

KEMEIg J; 8264, is it? According to your notes,

Molife, accused No.10 I don't know if that is your own

note or not. I think we may as well clear it up now.

MR. VAN NIEKERK; I ' l l check, my lord. My lords,

then according to a document found in his possession he

is stated to be the official for propaganda and organisation.

1.JM.32, Ey lords.

22,883.

MR. VAN NIEKERK

RUMPFF J; What document is this?

MR. VAN NIEKERK; That is 1.JM.32, my lorfl,

RUMPFF J: I know, "but what sort of document is

it?

MR. VAN NIEKERK; My lord, this is a document

which is referred to when I deal with the documents later

on . .

RUMPFF J ; Yes, I see you deal with that. The

description will he found later.

MR. VAN NIEKERKi The description will he found

later, my lord. Then, my lords, according to . , ,

RUMPFF J: Well, will it he dealt with later?

MR. VAN NIEKERK; I deal with it on page 6 of

the Argument, my lord, where it says . . .

RUMPFF J; 1.JM.32 appears to he a resolution .

MR. V5N NIEKERK; Yes, my lords, which reads;

"Every student has the right and duty to join the people

for full freedom and democracy." I t ' s signed by Mo life

O.PjO, Official . . . .

RUMPFF J- I cannot hear you.

MR. VAN NIEKERK; It 's sgned by Molife, as offi-

cial for propaganda and organisational,my lord.

BEKKER J ; What are the initials of that Molife?

MR. VAN NIEKERK; I think it ' s J . F . Molife, my

lord.

RUMPFF J ; J .F . do you say?

MR. VAN NIEKERK; J .F . Molife, my lord.

' RUMPFF J ; Is that the accused?

MR. VAN NIEKERK; It is my submission that it is

the accused, my lord.

RUMPFF J ; Why?

22,884. MR. VAN NIEKERK

MR. VAN NIEKERK; My lords, the accused's initials 1

are, I think, J .S .F . Molife.

RUMPFF J ; J .S.P?

MR. VAN NIEKERK; Yes , something like that, my lord,

RUMPFF J; T7here is the evidence of that? Is it in

the Indictment, or what? 5

MR. VAN NIEKERK; It appears on one of the documents

that was found in his possession, my lord; I don't know

whether i t ' s been read into the record, my lord, but I will

not press that unduly - that part of . . .

KEMEDY J; According to the Indictment he is 10

Joseph Molife.

MR. VAN NIEKERK; I will not press that, my lords,

RUMPFF J; Yes, but Mr. van Niekerk, i t ' s important

for us; we have to go through all this meticulously to

find out what the position is at a later stage if you don't 15

deal with it, and that will make it very difficult for us.

You see, if you say that he was the official for propaganda

and organisation and you mention him, well, that*s one

thing, but we just want to know where you get it from. 20

Now you say you won't press it . Does it mean that we

must take that out?

MR. VAN NIEKERK; Will your lordships just bear

with me a moment. I think your lordships can delete that

p art, my lords. According to Ngcai, my lords, he was 25

a member of the African National Congress and according to

the witness Sharp he was in the African National Congress

from 1954 to 1956.

RUMPFF J; In regard to Ngcai's evidence, when was

he a member of the A.N.C? 30 MR. VAN NIEKERK: Ngcai did not say, my lord.

22,885.

MR. VAN NIEKERK

RUMPFF J; Well, what did he say?

MR. VAN NIEKERK; He said . . .

RUMPFF J: Was he a member of the A.N.C, at the

time he gave evidence?

MR. VAN NIEKERK; Yes, my lord; he just said he

was a member, my lord, of the African National Congress.

KENNEIY J; It 's not relevant.

MR. VAN NIEKERK; No, my lord. And neither did

Wessels say but Conco said he was a prominent member of the

A tN,C, during the Indictment period, my lords, and Resha

said that he was a member of the National Executive Committee

of the African National Congress Youth League in the years

1953 to 1954* and at one time he was a branch member of the

African National Congress Youth League, my lords. He was

secretary of the African National Congress, Alexandra

branch, and a member of the African National Congress

Youth League. This was announced at the meeting of the

28th February, 1954, my lords.

RUM""FF J; Wait a minute. You are dealing with

( i ) - Secretary of the A.N.C. Alexandra Branch and member

A.N.C.Y.L . You say this was announced.

MR. VAN NIEKERK; I'm sorry, my lord. Masilele

said that he was the secretary of the African National

Congress, Alexandra Branch, and a member of the African

National Congress Youth League, but Masilele did not say

when he was a member; but at the meeting on the 28th

February, 1954, which Madyuta testifies to, Molife was

announced as secretary.

RUMPFF J; Of what?

MR. VAN NIEKERK; Of the Alexandra Branch of the

A.N.C.

22,886. MR. VAN NIEKERK

BEKKER J; This Molife, or .a Molife.

MR. VAN NIEKERK; This Molife, my lord,

BEKKER J; Did he say the accused?

MR. VAN NIEKERK; The accused.

RUMPFF J ; What did he say? Madyuta, that is,

MR. VAN NIEKERK; "Today we are holding an

A,N«C. meeting; this is a meeting of the African National

Congress of the 28th February, as reported by Madyuta.

"Today we are holding A.N.C. meeting on Sunday we shall

have a big meeting of Transport Action Committee speaking

on Bus fares. Our secretary Molife has gone back to

school but he is still our secretary. Do you know the

person Molife?-- (A) I do". ("Q) Of what was he secre-

tary?— (A) The African National Congress Alexandra Town-

shop Branch", That is what he says, my lords,

KENNEDY J; Did he identify him?

MR. VAN NIEKERK; My lords, Mdyuta my

lords, I return to this - - I ' l l check up on the identity..

I'm sure Madyuta did identify him . . .

KENNEDY" J; And on l.A also; check on 1(a)

and 1 ( j ) , Mr. van Niekerk.

MR. VAN NIEKERK; As your lordship pleases.

Then, my lords, Weasels said that he was a member and secre

tary of the Evaton Peoples Transport Committee. That was

only for a year, in 1955/56 my lords.

RUMPFF J; Where does Wessels say that?

MR. VAN NIEKERK; I ' l l check un and give

your lordships the reference.

BEKKER J ; What's 8212, Mr. van Niekerk?

MR. VAN NIEKERK; 8212, my lord, is a mistake

in the typescript, and according to Resha he was one of

22,887.

MR. VAN NIEKERK

the most important members of the Boycott - the Bus Boycott,

my lords, page 11783 of the record.

KENNEDY J; Does the Crown say that in this instance,

because he was an important member of the Bus Boycott, he

had something to do with the A.N.C?

MR. VAN NIEKERK; My lord, at one of the meet-

ings, the evidence will be that at one of the meetings the

accused said that the African National Congress meetings

and the Bus Boycott meetings were the same meetings, my

lords,

KENNEDY J; Well, I know there was some evidende to

that effect but I 'm not certain how far your point carries

that evid enc e.

MR. VAN NIEKERK; My lord . . . .

RUMPFF J; Standing by itself, Mr. van Niekerk;

in any event what is a member of the Bus Coycott?

MR. VAN NIEKERK; I'm sorry, my lord, it should

be Evaton Peoples Transport Committee; but that is how

Resha , . .

RUMPFF J ; Just a minute. Is he one of the most

important members of the Evaton Peoples Transport Committee?

MR. VAN NIEKERK: That is so, my lord. But Resha

says in his evidence that he is one of the most important

persons of the Bus Boycott, my lord, referring to the

Evaton Peoples Transport Committee.

BEKKER J; But what does it mean?

MR. VAN NIEKERK; My lords. . . .

KENNEDY J; He may have been a member of the

public.

MR. VAN NIEKERK; Quite a number of meetings, my

lords - - there is evidence of quite a number of meetings

22,888.

MR. VAN NIEKERK

of the Eva ton Peoples Transport Committee.

KENNEDY J: Yes, I remember the evidence about the

meetings; I just want to know how far Resha connects this

accused with the A.N.C. in regard to what you have said in

your submission. Perhaps you'd check that up in the evi-

dence as well.

MR. VAN NIEKERK; My lords, Resha says that this

accused was a member of the National Executive Committee of

the African National Congress Youth League, 1953 and 1954,

He also said that he was one of the most important members

of this Transport Committee.

RUMPFF J: Of this Transport Committee? We've got

evidence that he was secretary.

MR. VAN NIEKERK; Yes, my lord, we've got evidence

that he was secretary, I proceed, my lords, to paragraph

'C ' , Searches.

Accused was searched by Sgt. Wessels, the house of

accused was searched by Sgt. Wessels in his absence- Molife

was not there; and Vessels took possession of documents

and those documents are listed, and on the 5th December,

1956, Wessels pointed out the house of Molife to one

Labuschagne, and Labuschagne later on handed a list and

some documents to Wessels. I refer to those documents, my

lords, and labuschagne said that he searched the house that

Wessels had pointed out to him; he searched the room, he

took the documents, made a list of these documents and handed

all these documents and the list to Wessels. labuschagne

identified these douuments referred to, my lords, on JM.31

to L. JM, 67(a) ; 1.JM.27, and 30, as the documents that he

had handed to Vessels.

22,889.

MR. VAN NIEKERK

Then, my lords, I proceed to 'D* which is a

summary of the documents and from page 5 of the Argument

I refer and quote extracts from these documents and state

what these documents are. My lords, with respect I 'm

dealing with these documents. If your lordships will have

a look at the Index I 'm dealing with these documents from

page 23 - from page 4 to page 2 3, my lords I give extracts

from these documents; then I deal with these documents

"byway of submissions, by submitting that these documents

support the Liberation Movement and denounce the present

State,

With your lordships' permission I propose to

deal with these documents by way of the submissions from

page 23 onwards.

RUMPFF J : Well - - from page where onwards?

MR. VAN NIEKERK; The bottom of page 23.

RUMPFF J; Well, you might just go quickly

through the documents and tell us what they are. l.JM. 16

at page 5, Manuscript document . . what is that document?

MR. VAN NIEKERK; I t ! j a manuscript document, my

lords, undated and unsigned, and it contains the passage

quoted at page 2656.

RUMPFF J; Has it got any heading?

MR. VAN NIEKERK; My lord, it starts of "The

duties of the C . Y . L . . . . "

RUMPFF J; Has it got any heading?

MR. VAN NIEKERK; No, my lord, not as far as I

can recollect.

RUMPFF J ; Is there any evidence of whose hand-

writing this is?

MR. VAN NIEKERK; There is no evidence of whose

22,89 0.

MR. VAN NIEKERK

handwriting it is, my lord. 1

RUMPFF J ; Yes.

MR. VAN NIEKERK; My lords, then I go to l.JM. 20,

which is . .

RUMPFF J; l.JM. 21 - a resolution adopted at 5

Kliptown in 1955; one resolution?

MR. VAN NIEKERK; Yes, my lord, that's only one

re so lution.

RUMPFF J; Is it a document containing that?

MR. VAN NIEKERK; I t ' s a document containing that

my lords. 10

RUMPFF J; Typewritten, manuscript?

MR. VAN NIEKERK; I t ' s a roneoed document, my

lord.

RUMPFF J; Roneoed?

MR. VAN NIEKERK; Yes, my lord. 15

RUMPFF J; l.JM. 32 - we have heard about that -

Resolution - "Every student has the right . . . . " . resolution

of what?

MR. VAN NIEKERK; My lords, i t ' s - on page

2939 of the record, at line 15 to 16, the following is 20

recorded there; "The next document, my lord, is a typed

document containing certain signatures; it starts, . We,

the undersigned, students requisition a general meeting

for Thursday the 21st to move the following resolution;

Exhibit 1 .JM.32" , and then it goes on, my lords, and says

"There is a typed signature bearing the name of J.S.Molife

official for propaganda and organisation." ("Q) Is this

letter on the list?— (A) The list contains names of stu-

dents." That is all , my lords.

RUMPFF J ; Then it isn't a resolution. I t ' s a

22,891. MR. VAN NIEKERK

proposed resolution.

MR. VAN NIEKERK; Then it ' s a proposed resolution, my

lords. As I have indicated, my lords, I 'm not relying on

that document at all . Then l.JM.36, my lords, is the

African National Congress Report for 1954 Conference -

the same as A.37, my lords, which is fully dealt with on

the argument on the A.N.C. and l.JM.33 is Sechaba - the

same as H.112 . . .

RUMPFF J: You needn't read all that. Those docu-

ments, where it is clear what they are, you can just skip

them,

MR. VAN NIEKERK: As your lordship pleases,

I just want to draw your lordships' attention to the fact

that l.JM.34 - Cbngress Voice - at page 7 of the Argument,

my lords, where they refer to the agitation and propaganda

are essential ingredients of our work. They raise the

political consciousness of the masses of the people, and

dispel illusions about the false hopes that change will

come about by change of heart of the rulers. The people

have become convinced that freedom does not come as a gift,

but that they shall pay a high price for it . "

RUMPFF J : You deal with the contents later?

MR. VAN NIEKERK; I shall deal with the contents

later, my lord.

RUMPFF J: l .JM.41, what is that?

MR. VAN NIEKERK: It 's a document, my lord,

according to the record which reads " I t ' s a manuscript

document - a resolution and it reads". That is all , my

lords.

RUMPFF J: We demand, or the demand? Your notes

say he demands 'he' demand - should it be 'we'.

22,892.

MR. VAN NIEKERK

MR. VAN NIEKERK; I ' l l just check that, my lord.

I t ' s 'we' my lord; we demand.

RUMPFF J : Below that, l.JM. 62- that can go out,

can it?

MR. VAN NIEKERK; That must go out, my lord, yes.

KENNEDY J; And may I take you back to page 9

- Draft Resolutions 1 and 2. Do you propose to use those?

MR. VAN NIEKERK; Only as a document in his pos-

session, my lord, not . . .

KENNEDY J: For what purpose?

MR. VAN NIEKERK; For the purpose of knowledge of

what was contained in it.

KENNEDY J; A knowledge of the contents?

MR. VAN NIEKERK; Yes, my lord, a knowledge of the

contents.

KENNEDY J; Well, what does it mean if he knows or

has a knowledge of the draft resolutions, if we don't know

what happened to these resolutions?

MR. VAN NIEKERK; My lords

RUMPFF J ; This is all in 1.JM.67A, is it?

MR. VAN NIEKERK; My lord, it ' s in 1.JM.67A which

is the 12th Annual A.N.C.Y .L . Transvaal report.

RUMPFF _J; Is it a report?

MR. VAN NIEKERK: It is a report, my lord,

RUMPFF J; The whole document, or does it consist

of minutes and report and so on?

MR. VAN NUEKERK: My lord . . .

RUMPFF J: It merely says "12th Annual Conference

refers to liberation Movement, the B .E . , the W.A. Removal

and on page 317 in the Executive report the following ap-

pears; then there is a further reference to the Presidential

22,893.

MR. VAN NIEKERK

report; now what is it? Is it a "bundle of documents con-

sisting of resolutions, minutes, report? And then at page

9 there is this draft resolution 1, draft resolution 2.

Now where does that appear,in the Presidential Report or in

a separate document?

MR. VAN NIEKERK; A.49, my lords, is the same as

document l.JM,67A, and A.49 is recorded in the record from

page 310.

RUMPEF J ; At page 310?

MR. VAN NIEKERK; Yes., my l o r d , . , . , page 309, my

lord it starts. " I t ' s the 12th Annual Conference of the

African National Congress Youth League Transvaal% The

first page is headed 'Programme' ,(reads on).

Date 25th September, 1955, at Sophiatown, my lords.

Then it gives the Executive report to the 12th Provincial

Conference of the African National Congress Youth League,

and sets forth the 12th Annual Report of the African Na-

tional Congress Youth League . . I wish to command,.,,,,"

RUMPFF J; Well, the executive report you've got

there?

MR. VAN NIEKERK; The executive report, yes.

KENNEDY J; Then the Presidential Report . .

MR. VAN NIEKERK; It goes to page 318, my lords,

KENNEDY J; Page 318 to 321, does that consist

of a portion of the Presidential Report; then at page 321,

line 26 . . .

MR. VAN NIEKERK; Page 321, line 22, there is

the draft resolutions. And from page 322, also draft reso-

lutions.

RUMPFF J; Then this is the programme plus

the report to be submitted to this Conference - a programme

22,894.

MR. VAN NIEKERK

of the conference and the report to he submitted to the 1

Conference.

MR. VAN NX KERK: As your lordship pleases.

RUMPFF J: What happened to the draft reso-

lutions?

MR. VAN NIEKERK; I have no knowledge of what 5

happened to the draft resolutions, whether they were

adopted or not, my lords.

KENNEDY" J: Well, then, should they stand in ••

your submissions?

MR. VAN NIEKERK; Would your lordships allow 10

me to just check up on that?

RUMPFF J: Now, page 21, if I may take you

forward again, Mr. van Niekerk, 1.JM..6 is a Soviet

Review of World events and News August 195 4.-

MR. VAN NIEKERK; That is a periodical,, my 15

lord.

RUMPFF J ; Is that the nane of the periodical?

MR. VAN NPT-ER::.; That's the name of the

periodical, my lord. 20

RUMPFF J ; No contents were read in?

MR. VAN NIEKERK; No contents were read in..

RUMPFF J; And what is the document, l .JM.7,

Review of world events?

MR. VAN NIEKERK; That is also a periodical, my

lord.

RUMPFF J s And what must we infer from the fact

that it ' sa review of world events?

MR. VAN NIEKERK; Nothing was read into the

record, my lord. 30

KENNEDY J; Well, the next three, L.JM.7, 8 and 9,

22,895.

MR. VAN NIEKERK

RUMPFF J ; Mr. van Niekerk, the point is this:

l.JM. 6 is a Soviet Review, but l.JM. 7 is a review of world

events. Is there a difference?

MR. VAN NIEKERK; My lord,

REMEDY J: L.JM. 7, 8 and 9, Mr. van Niekerk.

MR. VAN NIEKERK: My lords, the record only reads

as reflected here.

RUMPFF J s But what does it mean, a review of world

events? Why did you put it in? For that natter you night

have put in the Outspan or the Huisgenot. . . Now what

is L, JM. 9, magazine ?

MR. VAN NIEKERK: That is how it is reflected in

the record, ny lord.

RUMPFF J; But why have you put it in your Heads

of Argument ?

MR. VAN NIEKERK; Will your lordship please to

RUMPFF J : No; I want to know why you put it in?

MR. VAN NIEKERK: Just for the sake of complete-

ness, ny lord; I put in every document that was found in

the possession of the accused, my lords.

RUMPFF J: And l.JM. 10, International Economic

Conference issue NO.7 April 1952?

MR. VAN NIEKERK; That is also a periodical, my

lords,

KENNEDY J: Is this a new author, l.JM.31?

MR. VAN NIEKERK: My lord, that is Mao-sa-tung;

a typographical error.

KENNEDY J : I see.

RUMPFF J; Page 23, oh yes, page 22, l.JM.43,

Bulletin 'News' - a review of world events July 1952.

Is there any evidence about that document?

22,896.

MR. VAN NIEKERK

MR. VAN NIEKERK; There is no evidence about that, 1

my lord.

RUMPFF J; Then that goes out, I take it.

MR. VAN NIEKERK; As your lordship pleases..

RUMPFF J; Page 23, l.JM. 67B, Constitution,

A .N,C.Y.L , Is that the same as another document? have 5

the contents of this been read in?

MR. VAN NIEKERK.; The contents of that document

have not been read in, my lords.

RUMPFF J; Why not?

MR. VAN NIEKERK; I don't know why it ' s not been 10

read in, my lord.

RUMPFF J; Isn't this one of the organisations

with which you are concerned?

MR. VAN NIEKERK; As your lordship pleases.

RUMPFF J; Why haven't you got the Constitution 15

in? Why, if you have it , didn't you read it into the re-

cord?

MR. VUT NI.'KERK; I don't know why it was omitted,

cy lord.

RUMPFF J; Well, the next goes out. It certainly 20

doesn't appear to have been read into the record.

MR. VAN NU'KERK; As far as I can make out it has

not been read in, my lord.

RUMPFF J; Well, then it goes out. He only had

in his possession a Constitution but we don't know what 25

Constitution.

MR. VAN NIEKERK; A constitution of the African

National Congress, my lord, of which he was a member.

That is all.

MR. m i SEES; Is this IJMjS7(E)? 30

22,897.

MR. VAN NIEKERK

RUMPFF J; l.JM. (B).

MR. MAES ELS; Well, the record calls it E, my lord.

It may be B but it calls it E. It says "IJM. 67(E) Constitu-

tion, African National Congress Youth League, revised Consti-

tution for possession only."

RUMPFF J: For possession only, oh. .

MR. M I S ELS: And it says "revised1', my lord; I

think my learned friend left that out,

RUMPFF J: Revised; for possession only?

MR. Mil S ELS: Yes, my lord, and i t ' s called E

in the record.

MR. oVAN NIEKERK: I 'm sorry, my lords. •

RUMPFF J: And IJM.67(B) - Minutes 14th August,

1956, E .P .T.C?

MR. VAN NIEKERK: That's the Evaton Peoples Trans-

port Council, my lord.

RUMPFF J : Has this been read into the record?

Or is this also just for possession only?

MR. VAN NIEKERK: Only for possession, my lord,

RUMPFF J: So IJM,67(B), (F), (G), all for pos-

session only?

MR. VAN NIEKERK; Yes, my lord, for possession

only, (D), (E) , (F) and (G), my lords.

RUMPFF J : Will you now continue on your submis-

sions.

MR. VAN NIEKERK: As your lordship pleases. My

lords, the Crown respectfully submits that the documents

in possession of the accused shows support for the Libera-

tion Movement as shewn in Part A . 2 of the Policy Schedule.

(i)IJM. 16 is a manuscript document in ink

stating the duties of the T.Y.L. as a spearhood in the

22,898.

MR. VAN NIEKERK

National Liber at ory Movement today should be It 1

is more than ever imperative today to accommodate the

realignments of social forces to consolidate and ossify

the forces of liberation and to guide and control them « 0

in order to enable them to fulfil their historic mission,

BEKKER J; Is ossify correct? Because consolida- 5

tion seems to me to be at variance with ossification?

MR. VAN NIEKERK: I 'm sorry, my lord, I have diffi-

culty in hearing.

KENNETK J; To consolidate may be to ossify, but

it doesn't seem so to me. Is ossify correct? 10

MR. VAN NIEKERKs Ossify is the correct word, my

lord? that is the word that is used in the document, my lord,

KENNEDY" J ; Yes.

RUMPFF J; That is the correct word?

MR. VAN NIEKERK; That is the word used in the docu- 15

ment, ay lord. It means to harden, my lords.

KENNEDY J; Yes; well, it might mean that,

MR. VAN NIEKERK; It might mean that, yes, my lord.

KENNEDY J ; My meaning is different.

MR. VAN NIEKERK: Then, my lords, in 1.JM.33, 2 0

Secbaba and a portion of this document was read into the

record at page 2522 - 24

BEKKER J; Just a minute. Who wrote 1.JM.16?

I t ' s undated, it 's unsigned.

MR. VAN NIEKERK; I t ' s undated and unsigned, my

lord, yes. I t ' s a manuscript document, if I remember

correctly.

BEKKER J Can you rely on this to say that the

accused supported the Liberation Movement?

MR. VAN NIEKERK; My lord, the point I try to make 30

22,899.

MR. VAN NIEKERK

with this is to show that the documente that the accused had 1

in his possession follow a certain line, and then the

accused, when he addressed meetings, followed the same line.

RUMPFF J; But you say in your Argument that that

shows support for the Liberation Movement, that this docu-

ment shows support for the Movement, 5

MR. VAN NIEKERK; The document, yes, my lord,

RUMPFF J; Yes, I see . .

KENNEDY" J; Not necessarily the accused; you

are going to bring that up later, are you?

MR. VAN NIEKERK; That will be my argument,, my 10

lord. Then l .JM.33, which is Sechaba, and a portion of

this was read into the record and the portion reads; -

"We believe that all vanguard fighters for freedom and

led in the final analysis by the militant programme and

actions of the A .N .C . n 15

RUMPFF J ; Is that a complete sentence taken from

the document? Or is it part of a sentence? What

does the record say, Mr. van Niekerk?

MR. VAN NIEKERK: "We believe that all vanguard " " 2 0

fighters for freedom and led in the final analysis by the

militant programme of action, of the A .N .C , " That is the

complete sentence, my lord. But this does not mean that

the African National Congress should expect to try and

claim a monopoly of all "

RUMPFF J; We believe that, or we believe in? 25

Could I just have a look at that record for a moment?

KENNEDY J; Well, it doesn't read sense.

RUMPFF J ; No, it makes no sense, as it is reported

in the record. 30 MR. VAN NIEKERK; As your lordship pleases.

22,900.

MR. VAN NIEKERK

RUMPFF J; Well, what do you say?

MR. VAN NIEKERK; With respect, my lord, i t ' s

Just a word has been left out somewhere..... .

RUMPFF J; But what word?

MR. VAN NIEKERK; It seems to convey the impression,

my lords, that . . .

BUMPS? J; I f you submit that the 'and' should

be 'are ' , possibly you may beright; I don't know; it

depends on the machine, what the person rea<J, what the

original document said. You see the next sentence - - I

don't know if that's been read into the record — may

throw some light on the meaning of this, but as it stands

it is rather meaningless.

MR. VAN NIEKERK; As your lordship pleases.

KENNEDY J; In any event, Mr. van Niekerk* does

it support your submission that this document shows sup-

port for the Liberation Movement? Would you please point

it out, i f it does?

MR. VAN NIEKERK; My lords, that the Liberation

Movement - - in the Liberation Movement there is usually

a reference to the fighters for freedom, and when they

referred to the fight for freedom I took it they meant

fight for the Liberatory Movement.

KEMNEIY J; I think that's an assumption on your

part. In view of the uncertainty of this sentence and that

on the face of it, it doesn't purport to support the

Liberatory movement, hadn't it better come out?

MR. VAN NIEKERK; As your lordship pleases.

RUMPFF J; Is 1.JM.33 the same as HJ.112?

MR. KM TRIP GE; My lords, with respect, that is

so; i t ' s a document entitled "Don't stifle the Womess

22,901. MR. VAN NIEKERK

Federation".

RUMPFF J : That is the same, is it?

MR. VAN NIEKERK: I am indebted to my learned

friend, my lords.

RUMPFF J: Have you said that this may be taken out

MR. VAN NIEKERK: As your lordship pleases,

RUMPFF J: Yes, thank you.

MR. VAN NIEKERK: Then, my lords, the next part

refers to the womens' fighting front, the Women's Federation

is the counterpart of the alliance built by the Congress

Movement."

RUMPFF J: Isn't that also out?

MR. VAN NIEKERK: Also, my lord. Then the

African Lodestar which is the same as A.205, my lords.

"Under those conditions the principal task of the people's

liberatory organisations, led by the African National Con-

gress, South African Indian Congress, South African Coloured

Peoples Organisation, and the South African Congress of

Democrats, is to mobilise the people of South Africa -

Africans, Indians, Coloureds and Wuropeans - to resist

the march of the Fascists in our country, to stop the

humiliating exploitation of the vast majority of the

people, to wipe out racial discrimination and to establish

true democracy, racial harmony and prosperity for all the

peoples of South Africa. Asthis is the principal task

of the peoples' liberatory movement, it should also be

the principal task of progressive youth organisations in

South Africa. Progressive youth organisations must unite

with the peoples' Liberatory Movement if they expect to

achieve democratic rights."

Then, my lords, l.JM.37, i t ' s a "New Youth"

22,902.

MR. VAN NIEKERK

Vol.1, No.4 , at page 1413 . . • • .

RUMPFJF J : You say it supports the Liberatory

MR. VAN NIEKERK; As your lordship pleases..

RUMPFF J; Yes; just go on to the next.

MR. VAN NIEKERK; 1.JM.37, In an article 'The

Youth shall win1 "by A. First, it has been proved in the

history of the Chinese Youth Movement, that if the youth

movement in colonial and semi-colonial countries ie to

contribute its shares it must be closely linked with the

patriotic and liberation movements of the masses of the

people « . . .

RUMPFF J; Yes. Just go on to 46.

MR. VAN NIEKERK: 1.JM.46, my lords, "The struggle

for democracy in South Africa is growing stronger every

day. The political organisations of the oppressed people

are forging stronger ties between themselves and the

masses. A high degree of political understanding has

been achieved. The people have become more conscious of

their strength and they cry defiance to the racial policies

of the Government. In the past we talked of the struggle

of the African people, the Indian struggle and the struggle

of the Coloured people. There was no co-ordination,

neither among these groups nor with those white progres-

sives who fought for equality. But today the people have

come to realise the urgent necessity of mobilising,

through their respective organisations, all democrats,

black and v/hite, to resist and conquer reaction by

united effort."

KENNEDY Jg Why do you say that supports the

liberatory Movement, rather than that it is a movement

of co-ordination between the various parties?

22,903.

MR. VAN NIEKERK

MR. VAN NIEKER.": As your lordship pleases.

KENNEDY J; Do you agree?

MR. VAN NIEKERK; 1 agree, my lord. Next, my

lords, is l.JM, 47, Liberation No.5, "For years now the

Capitalist countries have lived on raw materials and cheap

labour from Asia and Africa. The rise "

RUMPFF J; Well, that refers to the liberation

movement in Asia and Africa, yes.

MR. VAN NIEKERK; Yes, my lord, and then the next

portion . . .

RUMPFF. J ; l.JM. 50.

MR. VAN N1EKERK; l.JM. 50, my lords, Viewpoints

and perspectives Vol.1 . . . .

RUMPFF J; What is that, "Viewpoints and Perspec-

tives?

MR. VAN NIEKERK; My lord, that is a document

which was found in possession of this accused. I t ' s only

described as "Viewpoints and Perspectives".

KUI3EFT J; Well, it doesn't matter? you say it ' s

in support of the Liberatory Movement.

MR. VAN NIEKERK; At the end, my lords . ,

RUI1PFF J; It refers to the Liberatory Movement

in this extract.

MR. VAN NIEKERK; Yes, namely that the participants

and supporters of the Club uncompromisingly support the

basic principles and aims of the Liberatory Movement."

Then 1.JM.63A, Bulletin of the Youth League, Vol.1

No.6 - - I have already referred to that.

RUMPFF J; Yes, that refers to the Liberation

Movement.

MR. VAN NIEKERK; As your lordship pleases.

22,904.

MR. VM NIEKBKK

And at page 29 it says this, Russia has cone out into the

open, in open support of Mau Mau terrorists in Kenya.

They are described "

RUMPFF J; Where are you reading from? Page

29, yes,

VAN NI~:KERK; If your lordships would allow ne

to read that portion. "They are described as a national

liberation novenent. The tern national liberation novenent

is used by Moscow to describe a colonial novenent of a i

revolutionary character seeking to liberate areas and

set up an independent regine;; (In the Sunday Tines of

26th October, 1952). Our connent: That is exactly what

a national liberation novenent is.

RUMPFF J ; That's the connent of the Youth League

MR. VAN NIEKCRK; Of this bulletin, yes, ny lord.

Then, ny lords, "it is respectfully subnitted that the do-

cunents in possession of the accused contain the following:

a denunciation of the present forn of State, denanding its

destruction and substitution by a different State based

on the Preedon Charter."

Then, ny lords, the first is a circular letter

to Chief A.J.Luthuli which says, "On this Colonial Youth

Day 1955 we the Youth of South Africa of all races and

fron different walks of life send you our fighting greet-

ings. To us you are not only the leader of oppressed

South Africa, striving to e stablish a free and happy

future for all its peoples, nore than that you synbolise

colonial Africa in revolt - unfettering its chains of

oppression, narching forward courageously, proudly, de-

terminedly to restore light into a Continent darkened by

Colonial oppressors and oadmen; marching forward to ensure

22,905.

MR. VAN NIEKERK

a place of dignity and honour for its peoples, side by 1

side with the free peoples of the whole world. We will

win - for right and justice are on our side."

And 1.JM.15, ny lords, which refers to the Con-

gress of the People, where delegates.

KENNEDY J; Into which group does that fall? 5

MR. VAN NIEKERKs The denunciation of the State,

ny lord, expressing the grievance they have and also the

plan and the sort of life they would like to have.

KENNEDY J; I beg your pardon?

MR. VAN NIEKERKs It refers, ny lord - it 10

criticises the present State - "wkll be able to express the

grievances they have , . . . and to plan the sort of life

they would like to live" - - that would envisage a new

State ny lord, in ny subnission.

RUMEFF Js By inplication? 15

MR. VAN NIEKERKs As your lordship pleases.

RUMPFF Js There is no direct reference at allj

there is reference to a dark continnent - is the new

State a light continent?

MR. VAN NIEKERKs I thotight your lordship was re- 20

ferring to the second part.

KENNEDY J; I was just wondering under what por-

tion of your submissions under D ( i i i ) - your sub-heading

l ( j n . l ) falls - - the one you've just read.

MR. VAN NIEKERKs Oh? 25

KENNEIK J : Is it denunciation; does it denand

destruction; does it denand substitution by a different

State? Because on the reading it doesn't, prina facie,

do any of those things.

MR. VAN NIEKERKs Well, it refers to oppressed 3

22,9C6.

MR. VAN NIEKERK

South Africa, which seems to he a denunciation of the State,

ry lord, and striving to establish a free and happy future

for all its peoples.

KENNEDY J; Well, what's the matter with that?

MR. VAN NIEKERK; Well, if that is read, my lord,

with colonial Africa in revolt against its chains of oppres-

sion, that I think takes it a bit further than just mere

criticism, ny lord.

Then on page 30, ay lords, l.JM. 15, referred to

the Congress of the People where delegates will be able

to express the grievances they have, and also plan the

sort of life they would like to live.

Then l.JM.32, my lords, which is a typed re-

quest stating that every student has a right and duty to

join the people in the struggle for full freedom and de-

mocracy,

RUMPFF J ; l.JM. 15 and 32 what about this

document; is it out?

MR. VAN NIEKERK: As your lordship pleases.

RUMPFF J : 15 does not bear out the submission

under D ( i i i ) .

MR. VAN NIEKERK; My lord, with respect, when-

ever there is a reference to the Congress of the People

my submission is that that refers to . . .

RUMPFF J : Because of its reference to the

Congress of the People?

MR. VAN NIEKERK: Yes, by implication it is

a reference to the new State, my lord.

Then l.JM.34, Congress Voice, "Many organisa-

tions have come and gone, but the African National Congress

has becoae a political force in the life of South Africa,

22,907.

MR. VAN NIEKERK

and the w r l d looks to the day when the Government of

this country will pass from the hands of the reactionary

oppressors into the hands of the people, the African

National Congress."

1, JM.53, my lords, is an African Lodestar,

"The Youth will have to give a straightforward and prac-

tical answer at this conference, not only by passing

the resolutions, hut by painstakingly translating those

resolutions into hard facts, thus giving our reply to

Mr,¥,M, Sisulu's injunction to 'make 1954 a year of

mass youth activity, to wipe out fascism from the country

of our birth."

Then the next document, my lord, is 1,JM,67(A)

" In conclusion we must thank the youth for their response

to the Call of the African National Congress to partici-

pate in the struggle to defeat Fascism and to bring free-

dom in our lifetime."

l .JM.67(A) 12th Annual Conference A .N .C .Y .L .

- Presidential Report, "Speaking as I do to the democratic •

youth of South Africa, I need not describe in any detail

the bitter experience, inhuman hardships, to which youth

in colonial countries are condemned. By making use of

deceptive slogans, the Nationalist Government of South

Africa has managed to convert our country into a police

State, and to intensify the exploitation and oppression

of the people. "

It goes ons "And if we can teach the youth

to accept the political leadership of the African National

Congress, we shall also be teaching them how to change

themselves and the country for the better."

22,908.

MR. VAN NIEKERK

Then l .JM.53, New Youth, Vol.1 No.4 . "Let the

Call go out tomorrow for a mass concerted struggle to

defeat the apartheid monster and the people of South

Africa can be assured that we will be where we have been

for these many years - in the ranks of active workers

for freedom.

RUMPFF J : It refers to a new South Africa?

just refer us to the term. You needn't read the whole thing.

MR. VAN NIEKERK: As y^ur lordship pleases,

1,JM#60, my lords, refers to the struggle for freedom and

democracy,

RUMPFF J: What does that mean?

MR. VAN NIEKERK: My lord, i t ' s a term which

they use, freedom and democracy.

RUMPFF J : Mr. van Niekerk, you've got a docu-

ment here; you infer from that that - or you say the

oontents of these documents show that the State has been

denounced, i t ' s destruction is being demanded, and a

different State is to be substituted. Now what does

l.JM, 60 do?

MR. VAN NIEKERK: I t ' s referred to on page

23 of the Heads of Argument, my lord, at the top of the

page.

RUMPFF J; I beg your pardon?

MR. VAN NIIKERK: My lord, i t ' s referred to

on pcge 23 of the Heads of Argument.

RUMPFF J: The road to higher wages; yes,

that doesn't help me at all . Must we say that the State

- the documents show that the State has been denounced,

or that the State is denounced in the documents - - that

the destruction of the State is demnded, and a different

22,909.

MR. VAN NIEKERK

State is also demanded, based on the Freedom Charter, and

in proof thereof there is l.JM. 60, The road to higher

wages - the sane as A. 12; it refers to the workers struggle t

etc . , . I don't know the relavance of this document in

regard to your submission, Mr. van Niekerk; how is it

linked up with your submission?

MR. VAN NIEKERK; My submission, my lord, is

thatwhat the document tries to convey is that what we have

in South Africa is not freedom and democracy, and that

the workers must struggle for that freedom and democracy, „*

•RUMPEP_J; Well, then you had better quote us

the document. Has it been read in?

MR. VAN NIEKERK; My lords . . .

RUMPFF J ; Because this doesn't appear to be so

from your Heads of Argument.

MR. VAN NIEKERK: As your lordship pleases.

RUMPFF J: Is this a South African document?

MR. VAN NIEKERK; My lord, i t ' s a document issued

by the No^-European Trace Unions and was found in posses-

sion of the accused - A .12 , my lord. Page 169, my lords;

- at page 168 - - it is a document published by the

Council of Non-European Trade Unions and the last two

paragraphs read: " I f all the African workers organise

into trade unions they will uplift the whole of the

African people". It goes on to say: "Side by side with

the National Liberation Movement the Trade Unions must

fight against pass laws (reads on) all

restrictive measures which are intended to keep us on

low wages, bad work and living conditions. The struggle

is on . . . . "

22,910. MR. VAN NIEKERK

RUMPFF J; Will you just read slowly and clearly, 1

Mr. van Niekerk.

MR. VAN NIEKERK: Therefore, side by side with the

National Liberatory Movement the Trade Unions must fight

against the Pass Laws, Colour bar in industry and all res-

trictive measures which are intended to keep us on low 5

wages and bad working and living conditions. The struggle

is on for higher wages, jobs and homes, social security

and a better life for our wives and children. This is a

struggle in which every working man and woman should

play his or her part to become a soldier, not only for 10

better wages but also for freedom and democracy. Join

the Trade Union Movement now." That is the full text,

my lords.

Then, my lords, it is further submitted that

these documents show a condemnation of Capitalism, Im- 15

perialism and fascism and a praising of the conditions

in the Soviet Union and China,-and I quote from 1.JM.67A,

"Daily the political consciousness of our youth is

mounting, daily our struggle draws in all sections "

It refers to the attempts of the Imperialists to sabotage 20

the Geneva agreement, to surround the freevrorld with war

blocks and alliances, .and to revive German and Japanese

militarism in preparation for a new war in order to

enslave the world"

Then the draft resolution, my lords, which 25

refers to the warmongers led by the United States Govern-

ment which is preparing the throw the world into an

atomic war "

RUMPFF J : Was this draft resolution adopted?

MR. VAN NIEKERK: That is the point that I will 3 0

22,911.

MR. VAN NIEKERK

check...

RUMPFF J : Well, then leave it until you have

checked it .

MR. VnN NIEKERK; 1.JM.37, my lords, a New Youth

Vol.l No.4, "We salute the people", and it praises the

conditions in the Soviet Union and China. Calls the Russian

revolution a victory against Capitalist, feudal and Inperial-•v'

ist exploitation, where the ordinary working people together

with the working peasantry wrested power and set up genuine

poeples rule.

" In the case of China after many years of bitter

struggle ."

RUMPFF J; Is this now a quotation?

MR. VAN NIEKERK; This is a quotation, my lord.

RUMPFF J ; That follows?

MR. VAN NIEKERK; That fol'ows, ny lord.

RUMPFF J; Yes.

MR. VAN NIEKERK: In the case of China, after many

years of bitter struggle against European Colonial oppres-

sion, 600,000,000 non-white people drove the oppressors

from their country and set up their own peoples democratic

go vernne nt."

Then 1.JM.47, my lords, is a "Liberation" No.5,

article by Mandela, "The countries of the aggressive Atlantic

bloc are in danger of losing their national independence as

a result of American interference in their domestic affairs.

In their lust for markets and profits, these imperial

powers will "

RUMPFF J: Yes, it attacks the Imperial powers.

MR. VAN NIEKERK: That is so, my lord.

RUMPFF J: It doesn't say which they are, but it

22,912.

MR. VAN NIEKERK

is opposed to American intervention. Yes?

MR. VAN NIEKERK; And the sane with Africa as a

War Base, and then my next submission, my lords, is that

the documents show support for the Freedom Volunteers,

My first quotation is from 1. JM, 2'Q, "Speaking

Together", "bulletin of the Congress of the People No.l

of August 1954. Knthrada speaks of the need for volunteers.

RUMPFF J; That we know.

MR. VAN NIEKERK; Yes, my lord, and then in these

documents support is shown for the Western Areas Campaign,

and Bantu Education Act Campaign.

l.JM. 67(A) - "The growth of political conscious-

ness amongst our ranks was shown not only by.

RUMPFF J: There is a reference to the We stern

Areas.

MR. VAN NIEKERK; Yes, my lord, and then . . .

BEKKER J; The activity of the youth in the Wes-

tern Areas.

KENNEIY J; I presume you are going to argue

that the reference there has a linking up with the support

for the campaign ogainst the Western Areas removal?

MR. VAN NIEKERK; That is my argument, my lord.

RUMPFF J; That is your argument? Or are you

going to argue that?

MR. VAN NIEKERK: My lord, well . . . .

RUMPFF J : Is this the Y/estern Areas, or is it

only confined to Bantu Education?

MR. VAN NIEKERK: My lord, this quotation only

refers to the Western Areas and Bantu Education.

RUMPFF J : No; does this only refer to Bantu

Education?

22,913. MR. VAN NIEKERK

MR. VAN NIEKERK: With respect, not, ny lord.

RUMPFF J; Do you say it refers to the Western

Areas Canpaign against the renoval?

MR. VAN NEKERK: As your lordship pleases-

RUMPFF J : How and where does it do so?

MR. VAN NIEKERK: My lord, on page 320 . . .

KENNEDY" J : No, in your quotation - the activity

of the youth in the Western Areas in the struggle against

slave education.

MR. VAN NIEKERK; My lord, ny quotation there

is not as conplete as it should have been.

RUMPFF J: Well, then you nust tell us that.

MR. VAN NIEKERK; I 'm sorry, ny lord. It says

on page 320 of the record where this passage A.49 was read

in, "When the struggle a gainst "

RUMPFF J; What line is that?

MR. VAN NI7XERK: line 15, page 320, ny lord;

"When the struggle a gainst the forcible renoval of the

Western Areas develops into its second stage, and the

African National Congress calls to the people to defend

hones and property, the youth took an unconpronising stand;

the growth of the political consciousness anongst our

ranks was shown not only by the nilitancy of the youth, but

by the fact that not only the youth of the Western Areas

responded to the local situation, but volunteer youth fron

Gerniston and Natalspruit cane to assist in the struggle

to resist apartheid. The growth of political conscious

ness is also denonstrated by the activity of the youth of

the Western Areas, Gerniston, Natalspruit, Benoni, Brakpan

and Alexandra Township in the struggle against slave educa-

tion" .

22,914.

MR. VAN NIEKERK

My lords, referring to the Defiance Campaign,

it is submitted that this document supports the Defiance

Campaign and gives the correct interpretation on its im-

portance: l.JM. 63(B) which says; "The campaign for the

Defiance of Unjust Laws marks the beginning of a revolution

in South Africa. For what else could voluntary acceptance

of suffering be a manifestation of, than a radical change

in the way of the thinking of the people?"

KENNEDY" J; You needn't read any further.

Prima facie it shows it is a reference to the campaign

against Unjust Laws.

MR. VAN NIEKERK; As your lordship pleases.

With respect, my lords, the following paragraph refers

again to the revolution - - "This brings me to my earlier

assertion that we are on the veryge of a revolution.

Revolutions are supposed to be violently cataclysmic

but the explosio is always preceded by a phase of mental

preparation and I say the Defiance Campaign is a means

to that end or is it not?"

D (8) My lords, it is respectfully submitted that

in these documents there are statements which advocate

or support unconstitutional, illegal and violent action.

BEKKER J ; Mr. van Niekerk, tell me more about

this article; that's not an editorial, is it? Is it a

letter written, or what is it? ' I say the Defiance Cam-

paign is a means to that end, or is it not?' .

MR. VAN NI^KZRK; There is a document read

into the record at page 2945 and then it says . . . something

appears on the first page and then on page 3 there is a

passage on Africans . . .

RUMPFF J s What is the date of this bulletin?

22,915.

MR. VAN NIEKERK

HJMPFF J; On page 4, my lord my lords,

it is Vol.1, No, 6, issued by the African National Congress

Youth League. Apparently there is no date on it , hut it

refers - - it must have heen issued after the Defiance

Campaign, my lords. It says on page 4, "The true signi-

ficance of the Defiance Campaign" - - it seems to he an

article, my lord. It does not say by whom it was written,

That is the only information available, my lords.

I proceed, my lords, " It is respectfully sub-

mitted that in these documents there are statements which

advocate or support unconstitutional, illegal and violent

action".

Then l.JM.34, this document states; "Agitational

and propaganda are eeeential ingredients of our work. They

icise the political consciousness of the masses of the

people, and dispel illusions about the false hope that

change will come by change of heart of the rulers. The

people have bedome convinced that freedom does not come as

a gift, but that they shall pay a high price for i t . "

And l .JM,37, my lords, New Youth Vol.1 No.4,

"It is bettet to die fighting on your feet than live on

your knees."

Then l.JM.37, "No sacrifice will be too great

in the struggle to achieve freedom in our lifetime."

Then it goes on: "You must always remember that the cause

of freedom is just and invincible. There is no such thing

as defeat. Remember that no struggle in any part of the

world was won in the drawing rooms and conference tables.

Much less can we expect white South Africa to hand to us on

a silver plate what they are prepared to go all lengths to

preserve, Freedom will only be real freedom when it is

22,916.

MR. VAN NIEKERK

fought for find won by struggle end sacrifice. We must at

all tines know that, as with the struggle of all people,

so with the struggle of all peoples, the main brunt will

h v e to be borne by the youth."

Then l.JM.37: "We salute the people": "In

the months of October and November peoples throughout the

world participated in the celebration of two anniversaries.

On the 1st of October they saluted the 5th anniversary

of the founding of the Peoples China, and on the 7th November

they will unite in worldwide festivities to mark the 27th

founding of the Soviet Union."

On page 39 it says: "Of both these events,

oppressed people all over the world have reason to be proud

and joyous. Besides instilling a new confidence in the

masses of peoples in their strength and power, the 1st

October and the 7th November hold out an eternal ray of

hope. If ordinary people like us in Russia and China could

do it, why can't we, and, we have further reasons to be

happy on these anniversaries. Throughout the years of the

existence of these two countries, the Soviet Union and the

people of China have established themselves as the foremost

champions of the rights of the oppressed colonial peoples."

Then, my lords, l.JM,46, 'Liberation1 No.6,

is an article by Ruth First, which has been referred to

very often; i t ' s that article in which she says -

"Above all , the Liberals must not delude themselves that

the non-Europeans can patiently await the results of pain-

staking and long-term liberal education and reform of white

public opinion' etc., etc. This speech h s 1)een referred

to quite often, my lords, and then l.JM. 63(b) is a Youth

22,917.

MR. VAN NIEKERK

Bulletin Vol.1, No.6, "We have seen the hand of the oppres-

sor threatening and "bloodstained, with the "blood of innocent

victims on its fingers and we remembered Denver, Kimberley,

Port Elizabeth and East London, They must not be forgotten.

Stretch out your hand and feel the tightening pressure

of chains about your arms and feet. Sink on your knees

and die ignominiously with the mud and dirt of the oppres-

sors feet in your mouth or rise up and stand on your feet

and die with the kiss of the sweet air, long breathed by our

forefathers before us, on your cheeks. The final choice

is yours."

Then, my lords, L.jm.63)E) is a manuscript

document, "Remember the past"; it refers to a resoltuion

"That this house reaffirm its belief in the Programme of

Action adopted by the African National Congress with all

its phases and what that implies, and recommends that the

remaining phases of the Programme of Action be implemented."

In pencil appears motion, J.S.Molife, my lords.

KENNEDY J; Vhat does this document mean?

Is it a motion? Is it a motion put forward at a meeting?

MR. VAN NIEKERK; As your lordship pleases.

To be put forward , my lords,

KENNEDY J: And does it mean in your submission

that the accused was to put forward this submission?

MR. VAN NIEKERK; As your lordship pleases; that

is my submission.

L.JM,4-1, my lords, a manuscript document which

contains, inter alia - - I only read the last four lines,

my lords: "Conference pledges its full support to fight

to the bitter end or until South Africa becomes a happy and

prosperous country for all . "

22,918.

MR. VAN NIEKERK

My lords, then I proceed to the meetings. Molefi 1

attended the following meetings and spoke at some of them

and these meetings are set out and they go up to page 48, my

lords,

KENNEDY J; Are we to take it, Mr, van Niekerk,

that the accused has "been identified at all these meetings? 5

MR. VAN NIEKERK: As your lordship pleases, the

accused has "been identified at all these meetings.

My lords, as I did with the documents, I*ve also

done the same v/ith the speeches - incorporated with the

speeches from page 82, my lords. With your lordships' 1 0

concurrence I only want to deal with the meetings to show

±o what extent your lordships can rely on the recording by

the various witnesses.

KENNEDY J: May I take you back to page 46, Mr.

van Niekerk - my previous question, Meeting No. 18: I may 15

be wrong but I thought whatyou read out didn't identify

the accused as being there; am I wrong? My memory may be

at fault. Page 8264.

MR. VAM NIEKERK s As your lordship pleases.

KENNEDY J: I 'm not quite certain whether what 20

you read out did in fact identify him; I merely want to

be assured on that point,

MR. VAN NIEKERK: Is your lordship referring to

page 46?

KMITSDY J: Yes, meeting No. 18. I 'm only drawing

that r.s an instance, because I think we referred to it before.

MR. VAN NIEKERK: My lord, is your lordship re-

ferring to the meeting of the 20th May, 1956.

KENNEDY J: Yes.

MR. VAN NIEKERK: Where Molife

22,919.

MR. VAN NIEKERK

KENNEDY J; -There you state — where you said in

reply to my question that at all the meetings which you

have listed the accused has "been identified as "being Molife

who attended the meetings.

MR. VAN NIEKERK; As your lordship pleases.

KENNEDY J: Now, I may be wrong, as I say; was he

identified at meeting No.18?

MR. VAN NIEKERKi He was, my lord.-

KENNEDY J: He was? Alright.-

MR. VAN NIEKERK: I will give your lordship the

page.

KENNEDY J : Well, you tell us he was identified,

MR. VAN NIEKERK: My lords, the first meeting

is a meeting of the Transport Action Council of Alexandra,

24th January, 1954; the reporter here was one Masilele.

There was no criticism by the Defence on the reporting of

this meeting at page 8915.

RUMPFF J : You mean no cross examination?

MR. VAN NIEKERK: There was cross examination,..-my

lords, but . . . .

RUMPFF J: Shouldn't you wait for any criticism?

MR. VAN NIEKERK: As your lordship pleases. I

mean, my lord, in cross examination there was no criticism.

RUMPFF J: Then v/hy not say so. Where is the

cross examination?

MR. VAN NIEKERKj Page 8915, my lord.

RUMPEP J: What is the cross examination?

MR. VAN NIEKERK: My lord, the cross examination

is directed tov/ards the national minded bloc. It says,

my lord - - "Let me start with this, Masilele, you may

remember . . . . "

Collection: 1956 Treason Trial Collection number: AD1812

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