The arrest of the 153 South Africans on charges of treasor and subversive activity has caused widespread shock. We feel sure that many people in Britain will wish to express their sympathy with these victims of the racial policies of the Nationalist Government. Accordingly, Christian Action, with the support of the Movement for Colonial Freedom and other interested bodies, has established a fund tth the following objects in view:
1. To provide for adequate legal defence for those who lack the means themselves.
2. To give practical assistance where it is needed to the , women and children and other dependants of those arrest
3. To try to ensure that, as far as is possible, the arrested persons receive fair trials.
We shall work in close touch with the Committee formed in South Africa to raise a Legal Defence Fund there, and sponsored by the Archbishop of Capetown, two judges of the High Court, the Bishop of Johannesburg, and other prominent South African personalities.
We are setting up an advisory panel of sponsors for • lis special appeal. I write to extend to you a cordial invitation co become-a member of this panel. ' Your acceptance of this request would not, of course, commit you to the support of Christian Action in any other sphere of its work. It would be a very great help to us in our task if you would very kindly agree to join the panel. Wil you kindly let me know your decision as soon as possible. i
\ \\ * /-, V" ^ Y\ Jj'acts of the Treason Trial Story
December 1956 156 arrested January 1958 65 released at end of Preliminary Hearing for treason October 1958 Indictment/against remaining 91 withdrawn; but promise of new indictment.
January 1959 30 of remaining 91 brought before specially constitued Court on charges of conspiracy; Court has, in general, upheld this indictment, but has permitted the Defence to appeal to the Supreme Court before hearing all the evidence. against-61 April 1959 Indictment on chargeft/of conspiring with violence / against the State was quashed by the Court: / not enoughevidence in detail Prosecution to appeal against quashing.
- -rffxrc c^ r N
it (^J /<* f
— \ \
The Treason Trial
The Preliminary Examination ended in August, 1958, with the unconditional release of sixty of the accused. The remaining ninety one were committed for trial: but on October 13th, after two months of legal argument about the validity of the indictment, the Prosecutor suddenly withdrew the whole charge. In January, 1959> 30 of the ninety one were charged with a new and shorter indictment: the fate of the remaining sixty would clearly depend on what happened to them.
As in the case of the Preliminary Examination, Christian Action sent observers, who also acted as observers for Justice, to the opening of the Treason Trial in August, 1958. They were Mr. F.H. Lawton, Q.C. (now Mr. Justice Lawton) and Mr. Louis Blom-Cooper. Speaking about this at the Annual General Meeting of Christian Action in December, 1958, Mr. Lawton said that the legal aid provided by the Defence and Aid Fund had already "paid dividends" in the release of a large number of those originally arrested. "All that", he said,"would not have come about if there had not been professional advice available to call attention to the gaps in the Prosecutor's case"
What he had then to say about Advocate Maisels (now ) is perhaps also of special interest in this report in view of the ultimate triumph of the Defence. "The leader for the Defence is Mr. Maisels. He holds a practice in South Africa which is equivalent to that which Sir Hartley Shawcross held in this country before his retirement. In other words, he is the outstanding advocate of his age. He has put his heart and soul into this matter, and you can rest assured that as long as he is in charge of the Defence, everything that learning and skill can do will be done on behalf of the defendants: and he is being most ably assisted by a very strong team indeed." Mr. Lawton ended his report with these words 11 very often a cloak of legality can hide arbitrary power, and that may well be what is happening in this case: and, if I may say with all humility about my own profession - it requires skilled aid to tear aside that cloak and reveal what is underneath: and with the Treason Trial Fund that skill and aid just will not be available.
The trial of the thirty vhLch started in January, 1959, lasted for over two years - ending in March, i960, with the acquittal of all the defendants. For them - and to a considerable extent, also for the sixty who were, of course, in suspense about their own fate - this was a period of continuing hardship. The day to day attendance in Court was in itself a considerable strain and the journey from Johannesburg to Pretoria served to nengthen each day's proceedings by . Periods of adjournment - sometimes for weeks at a time, \
were, from the beginning, a feature of the Treason Trial which, while sometimes having the advantage of enabling the defendants to return to their homes and even might be possible for some of them to keep in trend with their own jobs, greatly increased the costs of the whole affair - Lawyers had to be retained : families had to be supported for long periods: trading expenses to send the accused home had to be paid: and the longer the proceedings went on, the greater the difficulties of rehabilitation afterwards were likely to be (if indeed there was to be an afterwards).
Legal costs were heavy and were a major item for the Defence and Aid Fund in South Africa: but it must be said that probably the most vital aim of the Fund was to ensure that the accused were provided with the best possible Defence right from the beginning to the end - not only because individual human lives were at stake but also because the issue was fundamentally one of human rights for all men in South Africa.
The Treason Trial trustees, speaking through the Treason Trial Bulletin, had this to say about expenditure on the Trial. VRI., FU1J-. i»i:»T OF AUCJUwIiD PBIISONS \ J i.
r , • Mr. Aaron Mahlangu ' \ _ A
Mr. S. M^lupi '-.: 1 V Suliman Mr. N.R. Mandela I | f ' 3. Hlape Mr., £ • Masfemola
Alf red iiit chins on Mr. Leslie Massina i® •' i- ( P.J. Hodgson Mr. July Mashaba ri t- . Helei Joseph Miss Bertha Mashaba • " . !\ . \ t> 1\ Paul Joseph Mr. Philemon Mathele
•' 11 . K« itsing Mr. Jonas Matlou > i . i v, v . 1 ises Hotane Mr. John Mavuso
^•'h'-Xf! \ - Kuraalo Mr. T. Musi ft' . ' ; i Mr* -A.\P Kathrada \\ J. Modise Mr'. JosVjh M. Kumalo Patrick Molao si • Xi Mr. Leoitevy J. Molefe Mr. Norm* Le^y Moosa Moolla V,' " >\ i Mr. Stan*i Lollan H.M. Moosa • " ••'•"" . •• iV; {' -j ' Mr. Prai '•' •• ' A E.P. Moretsele - .y • -, -iV k '..V JfeMasgtf • . .j • .i • j
t Motsabi Mr. 0. Tambo „ . i-' . \ .K. Mpho Mr. Symon Tyili i Miss Ida Mntwana Mr. H. Tshabalala
Mr. Suliman T. Nathie The Rev. Douglas Chadwick Thompson
Mr. Phineas Nene Mr. R. Tunzi \'M:V . »>' V! K " Mrs. Lillian Ngeyi CAPETOWN:
Mr. William Ngwendu Mrs. Sonia Bunting V i -> •• ja
.. ^ Mr. John Nkadimeng Mr. J. Buza •
Mr. P.P.D. Nokwe -Mr. Fred Carneson
Mr. P.P. Nthithe Miss Asa Dawood
Mr. 2,M. Patel Mr. Li one 1 .Foraian
Mr. J. Poo Mr. 1.0Horwitch
Dr. R.E. Press Mr. Alex L. Guma (
Mr. G. Makholisa i Mr'. . James Hadeba Mr. D. Mgugunyelca Mrs. Mary Rantha Mr. Jospeh Moroleng / Mr. Lawrence Nkosi Mr. Lionel Morrison ' Mr. Robert Resha Mr. J. Mpoza Mr. Bennett Seitshire Mr. John Mtini Mr. Nimrod Sejake \ Mir. Greenwood Ngotyana Mi', Peter Selepe Mr. George Peake . Sydney Shall Mr. Archie Siboko . Marks 7/. Shope Mr. Reginald September . Gleopas Slbande 8 • • | [ v , •<-'. \ W.M. Sisulu Mrs. Annie Sllinga
7 Gert Sibande 1 Mr. B. Turok ."./f•/. J. Slovo Mr. L.B. Le e-Warden " /•;» / ' J.f > \ , ^s. Ruth Slovo (3 ) PORT ELIZABETH AND OTHER EASTERN CAPE CENTRES, A - in
Mrs. Frances Baard Mr. T.E. Tshunungwa - ••, • vrj The Reverend James Calata Mr. V. Vanga
Miss Stella Damons DURBAN and other NATAL TOWNS
Mr. D. Fuyani Mrs. Jacqueline Arensteln
The Reverend W.S. Gawe Dr. W.Z. Conco
Mr. J. Jack Mr. S. Dhlaminl <7 r, Miss C. Jasson Mr. A. Gumede - |' \ Mr. L. Kepe Mr. J. I-Ioogendyk
Mr. P. Mashlblnl Mr. G. Hurbans
, Mr, J.G. Matthews Mr. A.J. Luthuli
\ Mr. P.J.S. Manana Professor Z.K. Matthews "v W Mr. I.C. Meer Mr. W. Mafcl Mr. P.G. Mel Mrs. Florence Matomela Miss Bertha Mkize ['00, i Mr. C. Mayekiso w^* V. Mini Mr. K. Moonsamy
Mr. E. Mfaxa Dr. M.M. Motala i Dr. G.M. Naicker Mr. S. Mkalipl 'r. "j^OT rtf/ Mr. M.P. Nqicker • . f Mr. W. Hkwayi _ Mr. N.T. Naicker Mr. T. Mqota Mr. Billy Nair Mr. B. Ndimba Mr. A. Kgcobo (ftp. J. Nkampeni - • . i Miss Dorothy Nyembe ». F. Ntsanganl .Mr. V.S.M. Pillay
: fir. A. Nogaya i /i Vy. T. Tshume' Mr. D.A. Seedat ; \ / j® :'• ' • .' ^S^Vfj-. » -^Viif i « ' ' ' w---- i- . - ,. i • 1 V.-r -.V,- t -"k Mr. E. Shanley
Mrs. Dorothy Shanley
Mr. Debi Singh
Mr. P.H. Simelane
Mr. M.B. Yengwa
BLOEMFONTEIN AND OTHER TOWNS IN THE ORANGE FREE STATE
i_Mr. Gabriel Dechaba
Dr. A. Letele »
Mr. J. Mafura „„„
Mrs. Martha Moglakoane
Mr. Leslie Monnanyane v Mr. Abraliam Sechoareng
Also cited as an accused is the Real Printing and Publishing Go. - . i publishers of the "New Age" newspaper
TOTAL: In all there are 156 individuals accused plus
Real Printing and Publishing Company.
Letele is from Kimberley, not the O.F.S. x •»
m • i" A frt' r»> r « r
Charcot have boon withdrawn a • alnot the £ollov;in;;:
Pahamcd A filial r Yet ta li-GPcnbltttt Isaac Do.cala Sulinan ""sakjce Joseph Uoxtaan
- / v, ra'^ofo v'aicie V- 5. "aSimula July Pashaba uT •1 •A 1 1 * avuso r -? •.- 4>ho Ida witv/ana W»A. Pjv/endu Hkooi uT * roo T adobe :..ar>? ...anta s:ope Cloopas Clbando Tatnbo (See-Gen* of African Iiat ional ' 'n, ro3S) IU • w> • • J. L-usa Asba Dasyood C. :av;nolis& J, "erelong " L, "orison O « Hpho2a wT » :*tina a. Pgotyarua Slfceko P., Gcotonsber A. Glll-r,:a P. ijaard lie v. J.ii. Calata Demons P. ~urc.nl Rev. W.3. Gawo Cplaclc Jasson P. laanlblnc P» ' 'atomola \ i PHOTOGRAPHS. Posted aeamall.
Tha accuaad :
ChLaf A.J. LuthulL.
Mra. Lillian NgoyL.
Mr. OILvar Tambo.
Advocate J. Slovo.
Mr. Stanlay Lollan.
Mr. Mo3a3 Kotane.
Mrs. Francas Baard.
Tha Revarand Jamas Calata.
Mr. Philemon Ma thole.
Mr. H.G. Makgothi. Mr. A.M. Kathrada. Mr. M. PLllay. Mr. B. Maiale. Mr. Andrles ChamLla. Dr. M.M. Motala. MLas Dorothy Nyambe. Mr. Nimrod Sejake. Mr. Phlneas N^n^ Mr. Leslie Masslna. i;A:.7;S OP 61 KSLF.A3ED / (coiT'CCtoo)
'oharaed Asxnal t . 7. r'atrrricla ".To. Yetta Daronblatt ... • i.'« »arttja Isaac oka la i "nlJrvm "aakjoo ivips . t- • Ai or*i»uc i." Z -'-'cc.m '•x.-.p-lo A» Ou. i ;do oi':rj-.n Levy JCo^G: 7. a1.;© A • V- * J. . let I'o^knf'O iT-:rt" .a " -:i::o 'i .Vole S.vyobo "ace/iola . -r,J?othj .-VClbO ' .T/ nbn v., ."-. . '"la; Jrhr. avu"-o T'.ivol v.lia.u.-. •
~dc ..'nbtmna Ocbi •JttbP.lel j.'Ichabu .Jacob •••' • afora . ><-s! 1 v - — ^ < ar t bo. "cbla':oa • ac.ob oo r . •:. Hadebc u...... c:ir:.a:'.';,r.:ic '.'arv J.anta A/J.V,. occ; C- icf A. i.uil all •••imn-'U-.xi'roo rilcopas i',ibe.ndo " livoi' ra -bo Kr -b.ort Tansi T t» '' South African treason Trial Clerks 25 Labourers 7 Commercial travellers 2 Secretary 1 Factory workers 7 Businessmen 6 Teachers 10 Architects 2 Methodist Ministers 2 Barristers 4 Anglican priest 1 Trade unionists » ^.15 Youth organisers 2 Underground work in gold mine 1 Cabinet maker 1 Law s tudent 1 House painter 1 Trader 1 Lorry driver 1 Journalists 5 Medical students 2 Attorneys 2 Doctors 2 u< 5 1/ I r c // • v TheTReason Trials which started in Johannesburg in December of last year, adjourned after hearings lasting three nays, ana then resumed on Jan 9th to continue until the end of May, are shortly to he There wus ^ J ' J continued, a^n adjournsS of one month after Professor Andrew Murray had been called by the Crown to give expert evidence on Communism and aii analysis of some of the documents seized by the pol ice during i their searches. The adjournment gave the Defence an opportunity to study the record of evidence and decide on the further conduct of the preparatory examination. The adjournment also made it possible for those Ltie J onaimnesaurg to iro accused - a large number - resident outsidamountine Jo^tjimiiie.shurg to cTosg teo on M,000. home to visit their families. TheFunS6 paid all the ffresy It is indicative of the -worsening economic position of feg-h the accused Ci'~< k» • that the l''und wa asked to pay the fares of all the—ar-ciucd. Until then,xic3tH a certain number, particul ar ] y the professional men among them, had been able to pay their own expenses. Put the inordinate length of the preparatory examination is increasingly causing finan- cial difficulties, in some cases/ acute, to all the accused. "he month's adjourmeut has been valuable too, fr in the point of view of morale. Although the accused have stood up to the strain of the^exkmina£it>n remarkably well, the sheer boredom of these months of hearings, dreary and repetitious, had begun to tell on many of them. When the hearings start again, it will be winter. And winter in Johannesburg can be very cold. The Drill Hall, where the hearings are 1)ei„g „„ ^ ^ ^ ^ .lBter „ it •"•»«'•;:» < 1 ''A. • :•::;<< '. • .:>•'.'• . 'hi:)' i •.,'.•!•} i '. it i* intolerably hot in su.amer. To the. dependants the winter will also bring added difficulties and needs. Clothing is being collected and a dstribution of blankets for those families requiring them is being arranged. The policy of the Fund has been to keep expenditure down as much as possible in the initial months. JJirect assis- tance to families has been limited to £11 per month - generally £5 towards rent and £6 for food — except in special circum- stances. Pocket money of £1 per month has been given for small personal needs. The Fund pays? for medicines. Many services'are proviued without charge, such as medi But it is quite clear that the expenditure of the Fund must increase with the passage of time. Such reserves as some of the families had are practically exhausted. Once the preparatory examinations are ended and the trial commences, legal costs - despite the fact that counsel and attorneys are giving the services at very mcuh le«s than nor>"al char£es m STRATFORD COURT HOTEL 350 OXFORD STREET • LONDON .Wx h:' } Telephone: Mayfair 7474 Telegrams:/ Straforl Wcsdo London Cables Strafort London will become heavy. It i.«< estimated that for the trial at lea two senior and four jnnior counsel , together with two uttrjlJne will be needed. It is of course honed tbaib tkKrRxxii±xfce a number of of the men and women now appearing wiTT be discharged *KHni±±*±x at the end of the preparatory examination. rl he question of their rehabilitation will then be -one which the Fund will certainly have to take up. The Treason Trials which started in Johannesburg in December of last year, adjourned after hearings lasting thraa days, -nd tnan resumed or. January Oth to continue until the end of Ul.y, are shortly to be continued. There wae an adjournment of one month -.fter Prcfesaor Andrea Murray h:..-d been called by the Crown to giva expert- evidence on Communism and un analysis of eoma of the documents seized by tha, police during their secii-chcs. The adjournment guvs the Defence an opportunity to study the record of evidence and decide on the further conduct of the preparatory exanin> tion. The adjournment also made it possible for those accused - a large number - rociuent rmtnide Johannesburg to go home to visit their families. The Defence Fund paid all the fares amounting to close on £1,000, It is indicative of the worsening economic position of the accused that the Fund was asked to pay the fores of :.ill of then. Until then, ... certain number, particularly the professional men f>r:)ong them, had been utle to pay their o'tn expunges. Rut the inordinate length of the preparatory examination is increasingly causing financial difficulties, in some cases acute, to all the accused. The month*s adjournment ha£„b-9n valuable too, from the point of view of morale. although the accused have stood up to the strain of ths preparatory examination remarkably well, the sheer bo rod eta of these months of hearings, dreary and repetitious, had begun to tell on many of them. hen tho hearings start ugain it will be winter, And winter in Johannesburg can be very cold, Tho Drill Hall, whore the hearings are being held, will be as bitingly cold in winter as it h;»e boon intolerably hot in summer, To the dependants the winter -vill also bring added difficulties and needs. Clothing is being collected i.nd a distribution of blankets for those families requiring them is being arranged. The policy of the. Fund hus been to keep expenditure no -in as much 03 possible in tho initial months, Direct assistance to flies has been litaitsd to .€11 per month - generally £5 towards rent ana £6 for food - except in npecial circumstances. Pocket money of £L p r ncnth has been given for naall personal needs. The Fund pays for medicines. Many services are provided without charge, such us raodical c::re, by "ell-wishers. Different groups of women have raudo thornselves responsihla for providing, in turn, lunches in the Prill Hull and, twice a -.teak, in v church hull made But it is quite clear that the expenditure of the Fund must V increase with the passage of time. Such reserves as some of the families had are practically exhausted. Once the preparatory examinations are ended and the trial commences, legal costs - despite the fact that counsel and attorneys are giving the services at very much less than normal charges - will become heavy. Ii, is estimated that for the trial at leant two senior and four junior couneel, together with two attorneys, will be needed. It is of course hoped that a number of the men ana woman now appearing will bo discharged at the end of the preparatory examination. The ruestion of their rehabilitation will then be ono which th Phineas f.ene ; "There are many things that a .0 • must 30 every Sunday you must COLIC to the square. You have heard what Wiief Lutuli has said at Cape Conference that people are wanted since freed >ri is wanted, lie has already told us to organise the people who wouId defend SopMa- town when the govcrnnent starts moving it. It is the aim of the Congress to overthrow Malan and Lutuli must take his place. The Gov- ernment Cabinet is afraid since Lutuli has appealed for volunteers. . . You have seen the actions of the Government when they raided our meeting at the Trades Hall last Sunday, the police were armed just to frighten our people. The black giant of Africa will no longer be frightened by machine guns or anything. The Government may continue raiding our meetings but by so doing they will be giving Africans more power than ever, .ve want our Africa back no matter what the circumstances may be." N. Masunya : •y " You have heard what the chairman have said* We speak here every Sunday because we want to live in peace in our country. Congress was formed, after the Africans have been kicked out at the Peace of Vreenlging. In 1910 when Union was formed the Africans was not included in the affairs of the Union, The Prime Minis tor was then General Botha, Many people were surprised, what kind of Union was that formed when er races was not included. So A.N.C. was formed to unite the people. © <» o o I want to tell those Europeans who hate the Africans that Congress will be the future Government of this country. ,v/e shall preach the African Nationalism among our people till they come together under Congress. The difference will be* that no racialist government, but partnership, democracy government will rule this country. Under Congress no color bar will be implemented. There is no reason why Malar, must hate us. '.Jo are taking the same path. 'Alien Halan fought for the Afrikaner People he was not wrong, •/hen the English fought Julius Caesar of Italy they were not wrong. When the Hollanders fought King Phillip of Spain they were not wrong. So A.N.C. is not wrong when it wants its rights, a , , . . Apartheid Is not fit at this stage; this is the time of civilisation. That is why the A.N.C. ©ppose apartheid, V/e do not want two states in South Africa, but one state. Do you think if South Africa is attacked and the peoole are not united, that South Africa will win that war ? But if white and black are united they will fight shoulder to shoulder and defeat the ••.••.amy. Last Sunday v/e had a peaceful meeting but was raided by the Police, They did this only to provoke the Afileans so that when they became 1 somehow1 (witness admitted that he did not have the correct word here it probably is "hot" ) they could shoot them. But since we African people ; Philemone Mapang : " Sons and Daughters of Africa.} we are critically enslaved in our motherland by this unjust treatment. Troubles will ever go furthers ,, We should not fear the roaring of a lion* we better die. . , , . Do not fear Verwoerd, We have all strong rights that every race is to be treated well. President Lutuli will serve every nation well, Do not fear Lutuli, he is the right man for the just and the unjust man. Verwoerd is against your progress. Fight and bring your land back, eliminate the Mala Government and fight his discriminatory laws. Removal of Western Areas and Bantu Education are the principles of apartheid. . , t We want freedom in our own country, « . t . I saw them at the Trades ilall? the Police intended to shoot. We are not fighting, we have no guns, but our guns are to tell Malan that we want rights, better living. . . . " K. Motsele : " » . » We want to warn our people not to be racialists, not t<- h-?te other races. We are preaching harmony and peace in. the b corners of tne world.. « < . < Congress is going forward; it cannot be frightened by the guns of the Police. . . , We want partnership with whites in this country.. «, . Partnership only, or you must get out; the giant of Africa is awakening. . . . we may be Imprisoned for years, but Africa is ours; we want it. . . . We of the Congress speak like Jeremiah in the Bible. . o Though we may be burned like Shadrack, Meshach and Abednego« we do not want the blood of anybody to flow. . , . " N P The incorrect grammar in some of the above speeches is not necessarily that of the speaker; the Detective who deported the meet- ing is not a very we11-educated man, and the errors are probably his. The above excerpts do, however, serve to refute the govern- ment allegation of advocacy by the A.N.C. of 'Violence", and also that of "racialism" . (The excerpts are accurate quotations from the exhibit presen- ted by the Prosecution , which was the Report turned in to the Police after the A.;>l.C. Meeting b.v Detective-Sergeant Kaselela, containing his notes of fnp voting on July 19^+, ) rreWTrK in parentheses^ ine aooveYis for publication, but for your information. I got hold of the document, and copied it. I thought you might use some of it for quotations. But don't say where I got itJ /is a matter of fact3 I could have made notes on the speeches at the Court, as t ey were read yesterday by the Prosecutioh. But then it would not have been so accurate. It is O.K. to quote them. \ • j ,v. • /y< - ^ l *^ /w ^ ^p UAMf®^ /UJ^^ OT^ ^hoc v (/yia^^^ ^ ^ /W^ t^JbJc^ Jf at A /J^Mz - Ajrty--^ ^ p C ^W f •> crU/ s V J — —^ * ^^ ^A ^ 4T : ^jUO^W^^^ ^ „ X^/o^ , , /v / ^ ^AsULrT^v^ ^ W k Ufc^ / (tw ^V- A^ I c / V • fit/? I /? . _ 0 y A • /n-/ —^ ^^ ft ^ ^ xC h • ^ ^ > /- ^ .—. - (ChJ^u,,^ fit. !r dr ^-iUs '4- f y^x ^ ^ t*< a i ^ c^—^ —< 'f^f^- ^ ^ ^ c^-u VhJ^A^ t- UiXt ^ tc Tno- Tk J ^^ ^r^y ZTirrr.; .. ^ ; - 9 * ^ / (A (^t y ux t^ ^ J —... Collection: 1956 Treason Trial Collection number: AD1812 PUBLISHER: Publisher:- Historical Papers, The Library, University of the Witwatersrand Location:- Johannesburg ©2011 LEGAL NOTICES: Copyright Notice: All materials on the Historical Papers website are protected by South African copyright law and may not be reproduced, distributed, transmitted, displayed, or otherwise published in any format, without the prior written permission of the copyright owner. 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