U Thant a< report on p r * A<3Rivonia SAPA-REUTER f H E chairman of the United Nations bpecial Com mittee on Apartheid interrupted a meeting of he committee yesterday to declare that the world >ody could not ignore the challenge of South Africa’ s esumption of the Rivonia sabotage trial. He asked he Secretary-General, U Thant, to report urgently
Mr Telli, of Guinea said the1'*11 tlle m a,tC r- moral authority of the TTniterii ! Powers. * , t .. ou3“ °ns had been called into i The South African vlew that^he Question by South Africa’s decision matter was sub judice was unten 5 go ahead witnwith tnethe tristrial. ahle ” T ) , . ^ ______. . a u ie . f.he J P * General Assembly on Octo- ‘•We have learnt to respect the I « n J r ’ .by a vote of W6 to one, legal acumen of South Afr , f,or the abandonment of lawyers and Jadw , whatever^else inline i and the release of all we do not respect them for. ne cal prisoners unconditionally. said. . ..I •eta™ ~iall° asked that the Sec- “ Mv delegation, therefore, is to view With serious ireennGeneral u Thant, report ■esoimy 0n the effect of the )V as Previously requested yti ltle Assembly. ments are put forward. haM ? clear to the whole world nent South African Govern- m unf135 chosen again to cast ence e^ulvocal and brazen chal- ‘ " » i heiC*iitS demanding the release of tr a d e d ^ lsoI ' e ls in the trial ‘Challenge ’ onsulatoUtS1A? the s °uth African An o™ m New York yesterday. lnmmittoanSer °f the American hatThn ? °n Africa estimated m Rivonia hr turn 'k People took part in Hr °:t?our demonstration, hr j ‘ aiti tbat about a third of ne demonstrators were Negroes. trial ‘ey included Africans from a i .niber of missions to the United NEW YORK, Wednesday.—Mr. Nations. Diallo% Telli, Guinean chairman of the U.N. special committee on j Unemotional i apartheid, said yesterday the, „the Trusteeship Committee I moral authority of the U.N. had j been called into question by j ,? rday Japan sounded a note South Africa’s decision to go to thUt'on on members’ approach ’ ahead with the trial of 11 men . Mr® # °ath West Africa issue. j charged with sabotage. j deWnt^ 0*1 Chiba’ the Japanese seek n r ’ tbe com m ittee to The General Assembly on Octo ber 11, by a vote of 106 to one, soR e t t 1 meaSUres t0 try t0 j called on the South African dangerous situation^ W&S a m 'y authorities to abandon the trial and to release all political swept "awT./6^ must avoid being; prisoners unconditionally. They should by their emotions.! which mSL1? avoid any action Mr. Diallo interrupted yester- dav's meeting of the special com S;0n o f the WoPrrid3UcdlCuert.the deCi‘ ! mittee to ask that the Secretary- | General report urgently on the advocaUng01SePcurHv c'St ° f nations ; effect of the resolution as pre °n political klnerf . S°uncil action viously requested by the Assembly, i °f South WestP CtS Question i After reading a Press report on Mr. e . p 1 I the resumption of the trial Mr^ Ceylon d eW atf,°0aiarasw-amy, the Diallo recalled that the South T?e 11 was8 inn told the commit- African Cabinet had met after the ? nlted N?tion^ ?°rtUne Ior the adoption of the Assembly s resolu- A frica’s m andate ° reVOke South lion and had rejected its appeal tory while fhr 1 dver the terri- as an unwarranted interferwice in Was consideringmif rnational court South Africa's internal affau.. -It is clear to the whole world that the South A fricanders But Frustrated ment has chosen again to cast an unequivocal and brazen duUwwe ^ & e^ablfshed^ 10113 Presence to the U.N.,” Mr. Diallo declared. General mainc reason why the —SapaReuter. ______frustrated Assembly had been iits resolut nnitS attempts t0 have Respected « ™ p!®mented and co-operation S~Unh Africa was the i given to h ani? enc°uragem ent 10 her by certain great Command, also referred to In the indictment as the National Libera tion Movement and its national Defence objections executive committee, and Umkonto vVe Sizwe (Spear of the Nation). STftK lof/ijf&H J # During Dr. Lowen’s argument Kantor — himself a lawyer — fre quently nodded his head and upheld by judge smiled as a telling point was made. Dr. Lowen said indictments were framed not for counsel or attor- rJpilE INDICTMENT in ihe Ki\onia sabotage trial has j neys but for the accused, who been quashed. The Judge-President, Mr. Justice must know the case he had to meet. de Vi et. made this order in the Pretoria Supreme Court “Kantor, who is an attorney, does at 3.30 p.m. today. not know the Suppression of Com munism Act. This means that the State will have to "He had no legal library at his disposal while he was a 90-day redraft the indictment, present it to the detainee. As an awaiting-trial accused, give them sufficient time to study prisoner he has no legal library. “To tell him, in reply to a ques the charges and to request further particulars tion, that the count is to be read and give them time to study those further in conjunction with Section 12 does not inform him what cgse particulars. he has to meet. "Kantor’s sister loved Wolpe. The case, therefore, cannot almost certainly be I Wolpe was a Communist. Wolpe heard this vear J-l for the acts while he was in jail, neara tills yeat. j. j plan a murder with someone, 1 could not make a living at the bar, so Kantor good-heartedly took Mr. Justice d e Vet, after then get arrested and mv trienc then carries out the murder, ant I him in. I)r. y utar had ended his argu — *. —... “Is Kantor his own police dog ment on the defence applica not responsible too? Dr. Yutar I to run around his offices to see tion to quash said it was most asked. | who visits Wolpe? Dr. Yutar said he would produce “But even if Mandela visits improper. when accu sed evidence of donations from 25c Wolpe on purely legal business, people ask for particulars to to R240,000 from African states. does that make Kantor a Com say to them that this was a He would, with the permission munist?” asked Dr. Lowen. At the end of his argument Dr. I matter they knew all about. of the court, produce a document in Mandela’s handwriting about Lowen apologized to the court for his visits to African states. j being "too emotional” at certain ! " presupposes thev are ; S stages during his address. i g u d t y .” The judge: Documents you allege to be in the handwriting of After him Mr. A. Fischer, Q.C., I am satistied the information the accused. who represents all the other ac- anriV asked f°r ■should be given Dr. Yutar: Documents that will cused except Hepple, resumed his lndlctment cannot stand be proved to be in the hand argument for quashing o f the ,,tbe absence of that information. writing of the accused. I charges against them. r II, is ndt the function of the 1 The judge: No. Documents you Reading from a judgment by I ff urJ; to draw an indictment for allege, at this stage, to be in the Mr. Justice Greenberg, using the i the State. handwriting of the accused. words of the judge, he said: “ I i The judge said it was possible,: | suggest there is very little lard in „ ,hc application for quashing was Summary the haunch of venison of this in acceded to, the ridiculous posi- dictment.” Mr. Fischer said that the acts of : defennW0Uid be reached Of the i Dr. Yutar: I feel the force ol adinn having to ask for an ■ sabotage set out in the indictment your lordship's suggestion. Am 1 inav have been committed by some n e «T T ent after each State wit- , required to summarize all or sonif organization and not the accused. 1 thnr » gIven evidence to study that evidence. of the documents and summarize Unless the State says who carried the evidence I shall lead? out these acts, how is the defence brenari accused should be able to The judge: The authorities saj to meet the charges? ibegfns ■ trial before the trial you should give very full par ticulars. You have not done so. 1 “ Either the State knows who VO days Dr. Yutar: Then I am prepared committed the lets or it does not to go back and make a summary know. If it doesn’t know, then it of the documents and the evi doesn’t know that the acts were d is ch n ,i^ aCcused ~ Hepple was dence. I am prepared to submit committed by any of the accused," reven T Uer toda-v “ to an order to deliver further j Mr. Fischer said. status th°, ,the 90'day detainee particulars. When Hhe"V lost earlier this month The judge: I don't think 1 or LINK NECESSARY indictment. W6re SerVed with thp the defence will be satisfied with He could not see how, if the that. accused were members of a banned Drffnn6ad °.f being awaiting-trial organization, this could lead to w«h access to legal re The Judge: How long will it take you to draft those particulars? — them committing various acts, such bf l i ? they wlQ now again I want to be as accurate as pos as putting lighted matches in a I sfdeM h°m COntact " 1tb ‘ be ou " letter box. Some link must be !J t e untj ' the State has re sible. If the Court will grant me a postponement for a fortnight I furnished by the State. thefnewt^ne«ndlCtment and served e new ones upon them. will do the best I can. Mr. Fischer spoke of the "con flict" in the State’s replies to the After the judge had said the Hot Parallel session was a busy one, Dr. Yutar ; defence request for further parti- said he would summarize the j culars. Kantor had been given State’s case — “ present it to them fuller answers in some cases than ties thl'defence’ h2^ the authorl- on a plate ” — within a week. j the other accused. their application *Jad relied on in He then handed to the judge “ I crave of your lordship not dictment to 9uash the in- another set of heads of argument. to quash the indictment but to ] which he said would show that order me to furnish these details.” Paralleitr^ ° ” *rial was not a fair the indictment was "fatally State relied on 's n S 91 case the Tire judge said it was probable defective.” and hundreds of A ° ? Q. doctlments that the trial would not be re He could not understand why . In this case1 ,fpeeches. sumed until next year. The vaca documents __ a jbcre "’ill be 250 the State had included acts of tion was not far off. sabotage which had occurred be Dr y evidphca ” ° spceches - Dr. Yutar said he wanted to fore the period covered by the in avoid that if possible. dictment. ?i'gumentathatefies«ed to the defence Dr. P. Yutar, Deputy Attorney-General, !° ° k Place vhil? £ * £ sabotage The judge said it seemed a with him Mr. J. J. M. Naude. Senior Public delay was unavoidable because the Prosecutor of Pretoria, and Mi. T. B. , Evidence w n ^ &ndela w as in Vorstet, of the office ot the Senior Public deIa was overseas l 60 tnat Man' accused would have to have time Prosecutor. Johannestnrz. appeared for the H<“ came back BnrtPnor to July x- to study the summarized evidence. State ments showing t d P^Pated docu- Mr. A. Fischer. Q.C., with him Mr. G. At the start of the day’s proceed Bi/os and Mr. A. Chaskeison (instructed to be waged 8 W the batUe was ings, Dr. G. Lowen < for Kantor) by Mr. Joel Joffe) appeared for Mandela, said he took exception to the in Sisulu. Goldberg, Mbeki. Kathrada Bern stein Mahlaba, Matsoaledi and Mlangeni. arrested! Now' be was dictment because it failed to tell Dr. G. Lowen. Q.C.. with him Mr H responsible tor what* ^ v’as not a reasonable man the case he had Schwarz and Mr. D. Kuny (instructed by to meet. Mr Jack Cooper) of Benjamin Joseph, i | afterwards. wnat took Place ; Cooper and Partners) appeared for Kantor j The accused are: Nelson Man and James Kantor and Partners. Hepple 1 of 'E m h e( Sr inJ aU a nutnber • dela, Walter Sisulu, Dennis Gold *vas not represented. | o th e ^ s it^ rm N°kWe- am°ng ‘ berg, Govan Mbeki, Ahmed Moha- med Kathrada, Lionel Bernstein, Plan of jail Raymond Mahlaba (the alleged National High Command), James Kantor. Elias Matsoaledi, Andrew so i l f 1L ,aS drawn of the jail , Mlangeni and Bob Alexander 6 would be an attempt ' Hepple. tor him to escape. With them are two organizations, Hoy’ my learned friends rgue that he was not responsible the firm of James kantor and Partners, and the National High RIV ONI A TRIAL CHARGES 3 5 QLASHEJ iiPuminwMi*" ' « CO0J t'ulice outnumbered White spectators
PRETORIA1 » DREPORTER rp n P T F R In addition to the large num Secretary-General of the banned POLICE and Pressmen to- African National Congress,; -*• gether must have out ber of newsmen reporting the case, the S.A.B.C. installed a entered the dock in drab prison numbered the White spectators uniform, they were greeted with I at the trial of 11 men and two microphone in the court room and made a recording of the cries of “Amandhla Ngawethu j organisations on charges of con (strength is ours) and raised proceedings. travening the Suppression of clenched fists from the non- Communism Act and the General It is understood that this is the first time in the history of W hites. Law Amendment Act, which This happened every time they opened in the Pretoria Supreme the S.A.B.C. that this has been done and that excerpts of the entered or left the dock until Court yesterday. recordings will be broadcast. Major Fred van Niekerk told the By 8.30 a.m., one-and-a-hall non-Whites that if there was any Attractive Mrs. Barbara Kan- hours before the trial was due 10 more shouting the court would be tor, wife of James Kantor, who start, a sizeable crowd of Afri cleared. cans had formed on the pave Is charged in his capacity as a Sitting next to each other, ment of Church Square, facing partner in the firm of James Mandela and Sisulu, the first the main entrance to the Palace Kantor and Partners and also looking somewhat drawn and; of Justice. Newspaper reporters, in his personal capacity, was photographers and policemen among the first of the relatives the other minus his now famous beard, engaged in sporadic con thronged the steps leading into of the accused to arrive. versation throughout the pro the building. Also present were Mrs. Lionel Photographers were kept bu^y Bernstein and her daughter, and ceedings. taking photographs of senior Mr. Hepple, father of Bob In contrast, bearded James police officers seeking to prevent Hepple. Kantor, wearing a gold bracelet on his right wrist, slumped in the formation of groups of Afri Mr. J. Mendelson, a British his chair displaying little or no cans on the steps of the build Labour M.P., attended the pro interest, and Hepple so divorced ing, and were also presented with ceedings during the morning, as himself in attitude from his co the spectacle of a Saracen did members of the Dutch Em that he would have been vehicle brought to a halt by bassy staff, and Mr. H. Rein, the accused the traffic directly in front o. Attorney-General, who occupied taken for a bored spectator if the building. a seat in the otherwise empty he had not been in the dock. Policemen were on duty jury box. A steady drizzle had dispersed throughout the building and An African woman in a mix most of the Africans gathered on sought identification of all who Church Square before the pro ture of Western and tribal dress entered the corridors leading to ceedings ended, but this did not and an African wearing what the side entrances of the court appeared to be medicine man prevent those remaining from in which the trial is being held. regalia made an appearance at breaking into song and shouting The massive steel grille doors the entrance to the building, but slogans when those who had been at the back of the Palace of did not come in. Indian women able to obtain a seat in court Justice were closed and guarded in colourful national dress mixed emerged from the court buildings. with leaders of the Johannes In spite of the rain, a row of byinPOthemconurt Itself, where a policemen was still patrolling in burg Indian community. special dock had been installed When Nelson Mandela and front of the pavement on which to hold the 11 accused both Walter Sisulu, who both at one the Africans stood- huddled under White and non-White galleries time occupied the position of coats, umbrellas and newspapers. were filled to overflowing. ^ ^ -"V >r>TJT! 1421 ■ n „■ >. ,,,, .,. ___-— ii-wTin freed Rivonia
charges know. 11 it doesn't know, then it doesn’t know that the acts were j committed by any of the accused," T^HE STATE HAS WITHDRAWN ALL CHARruc; Mr. Fischer said. 1 Bob Alexander Hepple, Dr. Percy YutarD?! “f LINK NECESSARY ney General of the Transvaal and prosecutor’in the I He could not see how, If the |rla jo u n c e d at 12.30 today. Dr. Yutar said Hepf l e will accused were members of a banned he called as a State witness. , pP,e Wl11 I organization, this could lead to | them committing various acts, such The first round of tire trial - Partner™ a°nd ^h^Nafion^1' High as putting lighted matches in a argument by counsel on applies- Command, also referredTo in he letter box. Some link must be tions to quash the indictment — indictment as the National T ih e r / furnished by the State. continued before the trial proper] Non Movement and its naiional Mr. Fischer spoke of the “con starts before the Judge-President, executive committee, and Umkonto flict” in the State’s replies to the Supreme Co V * W et ™ W e SiZWe (Spear of’ the NaUonT° defence request for further parti culars. Kantor had been given It is expected argument by LISTENED QUIETLY defence counsel and reply by the , . fuller answers in some cases than State's legal representative will i j the capacity audience the other accused. continue for the rest of today,, l:? ned q“!etl-v to legal argument He then handed to the judge and that judgment on the applies ,?at m.ust ,have been inaudible to another set of heads of argument, tion will not be given before ™ajorlty,and difficult to follow which he said would show that tomorrow. | lor those who could hear. the indictment was “fatally If the application succeeds and Dr- G- Lowen, Q.c., who is defective.” the indictment is quashed, the I appearing for Kantor, said he took He could not understand why present trial will stop at that e.x^e!°,ll°n t0 the indictment because the State had included acts of P°tnt. ! it failed to tell a reasonable man sabotage which had occured be Such an outcome would make : tile case he had to meet fore the period covered by the in little difference to the status of ! . Since the accused were presumed dictment. Dr. P. Yutar. Deputy Attornev-General. the accused, however. They would I innocent until convicted it ™ with him Mr. J. J. M. Naude. Senior Public probably be converted from await-', - t ___ - nvictedJ was Prosecutor of Pretoria, and Mr. T. B. Vorster, of the office of the Senior Public ing tiial prisoners to 90-day de- contemptuous of the State to reply Prosecutor. Johannesburg, appeared for the tamees — thus reversing the pro- to a request for further particu- State. Mr. A. Fischer. Q.C., with him Mr. G. cess earlier this month when, as lars that “ this was particularly Bizos and Mr. A. Ch as kelson (instructed ia®tamees, they were served with within the knowledge of the by Mr. Joel Joffc) appeared for Mandela. yhe mdictment—-----C4i Li and automatically upaij ] accused.” Sisulu, Goldberg. M-bcki. Kathrada. Bern stein. Mahlaba. Matsoaledi and Miangeni. became awaiting-trial prisoners. During Dr. Lowen’s argument Dr. G. lowen. O.C., with him Mr H Schwarz and Mr. D. Kuny (instructed by Kantor — himself a lawyer — fre Mr. Jack Cooper) of Benjamin Joseph. JUDGE FIRST quently nodded his head and Cooper and Partners) appeared for Kantor An smiled as a telling point was made. ind James Kantor and Partners. Hepple i unusual aspect of today's was not represented. *■ | Proceedings is that the judge, con Dr. Lowen said indictments were (Proceeding) trary to normal practice, entered I framed not for counsel or attor the court before the accused were neys but for the accused, who | 1 brought from the cells below. j must know the ease he had to ; This is presumably to obviate meet. , a recurrence of the shouting of NO LIB R A R Y slogans by a section of the “Kantor, who is an attorney, does ^Hepple to (audience when the accused filed not know the Suppression of Com- j munism Act. As the court Is in session as “He had no legal library at his j soon as the judge enters, unto- disposal while, he was a 90-day | ward behaviour would be a con- give State I tempt of court and could be sum- j m arily dealt with. detainee. ' As an awaiting trial prisoner he has no legal library. I Another unusual event was that “To tell him, in reply to a ques i Hepple, instead of going down tion, that the count is to be read evidence I the steps to the cells with his in conjunction with Section 12 fellow prisoners at the tea interval, does not inform him what case 4 leXander Hepple. one ot was led by two Security Branch he has to meet. 1j. *!lvonia sabotage trialists. I Policemen through counsels’ door “Kantor’s sister loved Wolpe. was discharged today. Dr. Perov < °ffice' an
any trial by the newspapers,” Mr. G. A. Coetzee, Q.C., told Mr. Juistice Steyn at the Rand Supreme Court yesterday when he asked for a fortnight’s postpone ment in the matter in which Mr. Govan Mbeki, an African journal ist, sought a contempt order against Mr. A. M. van Schoor, editor of the "Vaderland.” The publishers of the “Vader land,” Afrikaanse Pers Publikasie (Eiendoms) Beperk, were also cited as respondents. Mr. Mbeki is one of the people who were arrested on July 11 in Rivonia. He claimed that the reports in the “Vaderland” and in the Press generally had prejudiced him greatly. POSTPONED He not only asked for an order declaring that the two respon dents be committed for contempt, but that the court impose on them "such punishment as it may deem fit.” The matter was postponed sine die. The respondents must file their replying affidavits on or before November 5. Mr. Coetzee told the court that “it is important for all newspapers and for the public of South Africa generally to have the right to • comment on what citizens do ( before they are arrested on any criminal allegations.” Mr. Mbeki’s petition said that he and a number of other people had been charged with a number of offences, including sabotage. It was alleged that he and others had conspired with the African National Congress to plan “a violent revolution on a military basis,” and furthered Communism, in concert with the A.N.C. PREJUDICE Mr. Mbeki submitted that the comments attributed to Lieute nant-Colonel Van den Bergh, of the Security Branch, were calcu lated to prejudice him and the other accused, and that the com ments in question had appeared in articles in the “Vaderland” on July 12 and 15. ; “I submit that the reports im plied that all the arrested persons were guilty of subversive activi ties; that the police and the Min ister of Justice had evidence of this fact and that the place where they were arrested constituted the headquarters of an underground m ovem ent. “The publication of such reports is calculated to influence, and prevent witnesses from coming forward to give evidence for the defence,” stated the petition. M*"- G. A. Coetzee, Q .C ., with Mr. A. P. Krujter instructed by A. Mostert and o u?5r' appeared for the respondents; Mr. S- KentridRe (instructed by Mr. Joel G. Joffe) for the petitioner. NO POLIC. -TJ _ _ SUNDAY 1E X P R E S S , Nov. S, 1963 13 PROTECTION FOR FREED : ADVISED. $ BOB HcPPLE ^ Pretoria Reporter o b HEPPLE, a Johan DON’T TA B nesburg advocate who, until yesterday was one of the accused in the Rivonia trial when it was announced that he would be called as 1 State witness, said last TO P night that he had not asked SUNDAY EXPRESS REPORTER for police protection, “ nor do I intend to do so.” DOB HEPPLE, the 28-year-old Johannesburg He said he had not received any U advocate who was released at the Rivonia threats since his release. sabotage trial in the Pretoria Supreme Court on The 28-year-old advocate jj Wednesday after allegations against him had cuddled his 11-month-old son as i oe talked about his release and 1 been withdrawn by the State, has decided not to he four months he has spent in grant any further interviews to the Press. prison. “My son has changed a lot since j He, his wife, Shirley, and my arrest —. he has forgotten me. their two-year-old daughter 1 suppose he wonders who I am.” have left their home in Victory Mrs. Shirley Hepple said: “I was Park and are staying with so surprised when they announced friends outside Johannesburg. in court that Bob was being re leased. I didn’t think It would be Mr. Hepple’s father, Mr. Alec so soon. At first I couldn’t be Hepple, former Labour Party lieve my ears. I rushed out of the M.P., said yesterday: “When my spectators’ gallery and a detective son was released on Wednesday, brought Bob to me.” ne arrived home to find news papermen waiting for him. LOST 10 LB. { “He was still rather confused and gave them an interview Tall, bespectacled Mr. Hepple, : (telling them about his experi 7 ho lost 10 lb. in jail, said that f ences while under arrest). he had known for some time | tnat he was to be released, “but j “But since then he has taken _",.came as a surprise when I was f advice from the Bar Council. The Pleased today/’ Council advised him to make no He said he did not know whether further statements to the Press, ne other accused were aware that as anything he said could pos B O B HEPPLE . . . not re e was to be released. sibly prejudice the future trial." proached or threatened since Mr. Hepple added that his son it w as announced he was to Hepple—t°P University of had not been reproached or be a State witness. iQ^Wltwatersrand law student of said that he and the other threatened by any person since '**<1 had stayed in the same it was announced that he was to _ J after they had been charged be a State witness. the allegations against them. ana had become awaiting trial The ten men were Immediately prisoners. 10 rearrested rearrested on a charge of sabo The only changes were that tage. They appeared before a we were allowed literature — as * The announcement that the Pretoria magistrate and were re detainees we were only allowed > State was withdrawing the alle manded for summary trial by the tne Bible—and were able to speak > gations against Mr. Bob Hepple, Supreme Court on November 11. to one another during exercise i and that he was to appear as a Periods.” State witness later, was made in court by the Deputy Attorney- t a k e n t o f o r t General, Dr. P. Yutar. tn said that he had been moved The Judge President, Mr. Justice De Wet, quashed the w p b v 6 ,Fort in Johannesburg a indictment against the other stalf p beIore the trial, which ra ° n Tuesday, and was only ten accused on the ground that the State had not provided Drisr,5 back to Pretoria Central Du?. °n the day of the trial. them with sufficient details of yesta,.rfi8 the tea adjournment to see^rf’ ^ r' HePPle was taken to ‘bp P f’ Yutar and told he was “It v, leased- Mrs u cas been a terrible strain,” Is now 6 sald- “But the worst though won t be easy for the next few months.” NON-STOP and Mrs. Heppl. S S S fca“ «d at the hous * -« -
when Vi heaid of his son’; hen he visited friends or aCav® no Plahs for a sain m y work’” Mr, da7„, ^t the moment I ed to think clearly.” J AILED
2police note % feS be revealed
By DICK RICHARDS PLOT to remove James Kantor, one of Lol>™ . RCCUued T fhe Rivonia M il, to b a t ^ Br .hUana,and> if he were Slanted cui a; d ,f ,he were not, to take him from custody and out of the country before November 9 was alleged by Dr. P. Yutar,
tnfuroria C Supreme PU*y A t^ Court rney yesterday.Ceneral’ in the Pre- It was one of a series of dramatic incidents which included the quashing of the indictment against 10 of the accused their !immediate rearrest and the earlier withdrawal of charges against Bob Alex ander Hepple who was to have become a btate witness.
T r i g l date —I Hon for K a n e s' rek \ on bail ^ ° PP,,'Ca- St* L J U l f ? " ^ 5 ’ „Lowen referred to a - ^ Kantor Z V n Dr-T ,Utar'a hand as “that Broke down OOU1H P? erul the trUth 0f Which «>uld not be vouched for, Dr When Mr. Justice De Wet mad J dtaf. aaid *t was a highly con-F ™ protests fidential and secret document—“a t the order quashing the indictmen ana announced the court woul< communication to the police here I I N a p 'lef aPPearance in the from the police somewhere else ” u adjourn for 10 minutes before con sidering the bail applications foi Court this°*n Magistrate’s Mr. Justice De Wet ordered that t Kantor and Bernstein, there wen Rivonia Sahoforn°0n the 10 the information from the police I Were r e m a n S 86 trialists no demonstrations. ! . mandeci to November d® Parlded ln today by way of affi Bernstein’s brief spell of free 12 davit but said he would not allow dom was too much for his daugh- cross-examination of the deponent ter. ! a few mf™ tranCe lasted onlv as requested by Dr. Lowen etiterld ^ h eUtsenSla,7 hrie 10 133ed As wa,s hu'stled downstairs to , Mr: A Fischer, Q.c., then said the cells with the other accused ! tile ceils below ti dock froni he wished to hand in a fresh affi- stood in t w f ° r o w f TCLUrt and ®bf b™ke down and wept. She was not represented. lej " ere tion hv STUppoi;t of a bail applica guided to her mother by Mrs. Bar |,°n by ,Llone Bernstein. The bara Kantor, who embraced am Judge ruled that this, too, would comforted her. ! Public prosm /tofaind p sen,or be heard today. said he wanted m 2 Pretor'a. But the drama was not over. Dr Journed to November i l f ' Yutar asked Mr. Justice De Wet tc Rearresf-ed have the men brought back ink CourtarJ' tnal »*> the Supreme the dock and remanded He The freedom of the 10 Rivonia ‘ heSdiri dnney the JudSe"President p -AMarm«m®8istrate- Mr D. accused after the indictment had he did not consider it would be mand the m ? 3130111 to ' re- squashed was shortlived C0!?Petent for him to do so. pushed fi-r,men' Janies Kantor When Dennis Goldberg sought the back of the Dr' Lowen renewed his to leave the dock and refused to application for bail for Kantor, something f lle cou!d sa.v go down the steps to the cells he ne questioned Mr. Justice was seized by a detective-sergeant h competence to hear rn had6 noT^wif .,ep* advisers and hustled below, with the other Case would hp 1° d t!lat tt3e ! * f 10n in view of his lack c accused, to be rearrested. competence to remand the men. ti* November 3 m“ ded un‘ After Hepple had been dis The Judge declared himsel might not suit The date charged and left the dock, the Mr. Nauril U ,tbem- competent to do so. ocner accused exchanged brief Later, as spectators left the 12 was onlv a rfaid November smiles. Kantor s»iriPv°Vlsiona! date. court policemen, standing shoul- la tter prild r,B “ anted the As he walked away, Mrs. Bar der to shoulder, formed a rine Magistfat^tohnied in the bara Kantor, wife of James Kan- around the entrance to the build- morrow Court until to- tor, removed her shoes so that she ,and Prevented them from ouid stand on a rail behind the crossing to Church Square fate e[4lanTed°nti ra«els- 1° get a better ”iew of the well of the court. • SEE PAGE 2 !,or sumniap rrnl 1 men "oreme rm nt tr lr ri>e There was an exchange between 12. Coun on Novc-mbei Mr. Justice De Wet and Dr. Yutar They 4> in which the Judge-President re I n from the *en escorted minded him: “This is a court of below. Q0Ck to the cells Iaw. not a political meeting.” , , r* Yutar said he hoped the mfk? WaS implying he was making a political speech. [ THE RIVONIA TRIAL COLLAPi Attitude of the S t J JJOLDIING that the State, in effect, had conceded that it had not supplied ! the accused with sufficient to accused details of the allegations to provide the defence with sum maries of the documents and the against them, the Judge- evidence within one week from President, Mr. Justice De today.” Supporting his application that ^ et, quashed the indict- impr(the indictment as far as Kantor inent against the Rivonia 3! was concerned, be quashed. Dr. G. Lowen Q.C., said that the trialists in the Pretoria Deputy Attorney-General had Supreme Court yesterday. 9 shrouded the State case In so PRETORIA F much mystery that it was im He described answers given possible for Kantor to prepare by the State to the defence Raymond Mahlaba, James Kan- a defence. as most improper. tor, Elias Matsoaledi and Andrew "I am no Communist. I have no Mlangeni. politics,” said Dr. Lowen. “I only When the hearing was re Mr. Justice De Wet said the know that Kantor is not a Com sumed, one of the 11 prisoners, basis of the charges against the munist. Bob Alexander Hepple was re accused was that they had con leased. The Deputy-Attorney- spired with others to a course Impartial General, Dr. P. Yutar, said he of conduct in which the acts was withdrawing the charges detailed in the indictment were “I do not mind whom I defend, against Hepple who would be com m itted. whether he is a Com m unist, a called later as a State witness. The State, in effect had, con National Socialist, a Liberal, a When the indictment was ceded it had not supplied them Progressive, or a member of the quashed, Dr. Yutar asked that with sufficient details of the United Party — and neither does the men be rearrested and allegations concerning them. It. the law. remanded. This the Judge-Presi- had been decided in other cases “Indictments are framed for dent refused to do, saying that that in a charge involving con- the accused, even if they are as far as he was concerned the spiracy the accused were entitled illiterate, and not for counsel. To case was at an end. It would not to know details of the association tell Kantor that he is charged oe competent for him to remand under the Suppression of Com them. Assumption munism Act is meaningless. When fhe defence had asked “The answers given by the Detained the State for details of the Dr. State to a request for further yutar tnfen said the association which formed the particulars are contemptuous of conspiracy it had been given that ’General had directed the defence.” the reply: “This is a matter sahoti?.? ™en be charged with Mr. A. Fischer, Q.C. applying peculiarly within your know In accord ,They were bein® held to the court to quash the indict E pfn^^?Pe wltb the directive. ledge.” ment on behalf of the first seven The' judge said he had Manrioj tbe cuuricourt were Nelson me juage “““ accused, said that if the State G n lX r Walter Sisulu, Dennis never heard of such a reply being was not able to furnish the n-..vYrg' °°van Mbeki Ahmed given <*>ven in a criminal case. h-athdrada. Lionel The accused were innocent necessary particulars of the al Bernstein, legations with all its resources, until proved guilty and it was it was unlikely that the defence most improper of the State to could do so. give the defence, in reply to questions which he was satisfied Waste of time were genuine, answers which Running like a thread through showed that the accused were all the State’s pronouncements assumed to be guilty. was the attitude: "They are It was for the State to draw guilty and to attempt a defence up a competent indictment and ,1s a waste of time.” to supply the defence with the He added: "This indictment is necessary particulars required by an effort by the State to cast the defence. the net so wide that it hopes Wrong way that no one will escape.” Replying, Dr. Yutar said the The judge said he was satisfied applications were not genuine that the indictment could not but were designed to harass and stand as it was. embarrass the State and ascer It was possible that the dis tain the strength of its case. abilities suffered by the defence As a token of his good faith he could be cured by granting them was prepared to hand in his a postponement at the end of opening address of 17 pages the evidence of each witness, or which gave the case against each after each fresh document was accused in detail. handed in. But this was not the way to handle a trial of this Irregular nature. A postponement would not Refusing this offer, Mr. Justice suffice as it could give rise to De Wet said: “I am not prepared further applications for quash to entertain an application of this ing, as had happened at the nature, an ex parte statement of Treason Trial. a fact. This is an irregular way of conducting a case. “Whether the defence genuinely Earlier Dr. Yutar had appealed wants the facts It has asked for to the Judge not to quash the indictment. is irrelevant. It is entitled to ask for them .” Dr. Yutar said he and the Dr. Yutar said: “We are deal police were prepared to work ing with bad organisations — even at night to furnish the the African National Congress defence within a week with a and the Communist Party. They summary of all documents and have never invited a representa of the verbal evidence which tive of the State to their delibera would be given by all State wit tions, They do not keep minutes nesses. and records Undertaking An objection to this by both defence counsel was upheld by Dr. Yutar said: “ I beg of Your the judge, who said: “This is not Lordship not to quash the indict a political meeting. This is a ment in the understanding that court of law and I know nothing the Crown does what it has of the conduct of these organi undertaken to do, and that it is sations.” ______Sjtflie. In Impassioned Plea \y Is Rebuked By Judge From Our Own Correspondent PRETORIA, Wednesday. SPECTATORS in the Pretoria Supreme Court were treated to an exchange today between the Judge-President of the Transvaal, Mr. Justice de Wet, and the Deputy Attorney- General, Dr. P. Yutar, when Dr. Yutar made an impassioned plea to the Judge not to quash the indictment in the “ Rivonia” trial. Refusing this offer, the Judge The Judge reminded Dr. law and not a political meeting.” said: “I am not prepared to Yutar that "this is a court of Dr. Yutar said that he and entertain, in an application of the police were prepared to this nature, an ex parte state LAUCH-A-DAY work even at night to furnish ment of a fact. This is an the defence within one week with irregular way of conducting a a summary of all documents and case. of the verbal evidence which “Whether the defence would be given by all State genuinely wants the facts it has w itnesses. asked for is irrelevant. It is “I beg of your Lordship not entitled to ask for them.” to quash the indictment,” he Dr. Yutar then,said: "We are said. "I earnestly beg, may I dealing with bad organisations, crave of your Lordship not to the African National Congress quash the indictment, on the and the Communist Party. They understanding that the State have never invited a representa does what it has undertaken to do and that is to provide the tive of the State to their defence with summaries of the deliberations. They do not keep documents and the evidence m inutes and record s . . .” within one week from today." An objection to this by both As a token of his good faith "Other men fix TV antennas he was prepared to hand in his defence counsel was upheld by without all this fuss!" opening address of 17 pages. the Judge.
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TWO R I V O N I A HOUSES POLICE DRIVE l/> 3 SUNDAY TIMES CHIEF REPORTER OIVONIA, the fashionable rural Johannesburg suburb, has twice figured prominently in the police drive I against alleged subversion sand, and resealed with solder. | X can now disclose that apart The theory is that the cylinders from the swoop on the Goldreich were used for some experiment in house which led to the detention the manufacture of explosives. of 17 people, a chance discovery Their contents were subjected to in another Rivonia house in April. 1962, put the police on the track laboratory analysis of some people who have since been questioned, detained, sub jected to house arrest and banned The house had previously been occupied by a family who have left South Africa As another tenant was moving in, the owners asked a firm of builders to carry out certain re novations. A set ol flies was found in a cupboard, and later many documents were discovered in'an attic The contents of the files were turned over to the Special Branch. The police then searched the property carefully. In an outhouse they found a quantity of cylinders in which fruit juice is normally packed. The cylinders had been emptied, filled with varying quantities of RIVONIA RAID SEQUEL
Following upon the sensational raid on a house in Rivonia, outside Johannesburg on the afternoon of July II, eleven men were charged in the Supreme Court, Pretoria on Wednesday, October 9 and remanded to October 29 for summary trial on allegations 01 sabotage and offences under the Suppression of Communism Act and the Criminal Law Amendment Act. The charpp sheet savs the eleven men committed 222 acts of sabotage in preparation for Z . h e Z Z d t v L i o n of Sooth Africa. The 222 act, of sabotage arc lotted and said to have been committed between December 15, 1961 and August 5, 196a. Seventeen persons were arrested at Rivonia - ten Africans, six Whites and one Indian - but only seven are among the accused. Those charged are: Ahmed Kathrada, former Sec retary-General of the Trans Nelson Mandela, former leader vaal Indian Congress; of the banned African Nat Lionel Bernstein, a Johannes ional Congress, now serving burg architect, banned un a five-year prison sentence der the Suppression of Com for his part in the anti- munism Act; Republic strike of 1961; Raymond Mahlaba, former chairman of the Port Eliza Walter Sisulu, former Secre beth branch of the banned tary-General of the banned African National Congress; African National Congress, James Kantor, a Johannesburg who estreated his bail of R6.000 on March 8; attorney; Elias Motsoaledi; Denis Goldberg, a former Andrew Mlangeni; member of the banned Con Bob Alexander Hepple, a gress of Democrats; Johannesburg advocate and Govan Mbeki, a former mem former lecturer in law at the ber of the old Transkeian University of the Witwaters- General Council, and B.A.; rand and son of former La B.Econ. of Fort Hare Uni bour M.P. Alex Hepple. versity College and former teacher and journalist; (Continued on page 6) RIVONIA TRIAL
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