(TRANSVAAL PROVINCIAL DIVISION)

In the matter of:

T H E STATE against 1. , being members of an asso­ , ciation of persons, within DENNIS GOLDBERG, the purview of Section 381 GOVAN MBEKI, (7) Of Act NO. 56 Of 1955, AHMED MOHAMED KATHRADA, as amended, known as the LIONEL BERNSTEIN, and NATIONAL HIGH COMMAND, RAYMOND MAHLABA, the NATIONAL LIBERATION MOVEMENT, the NATIONAL EXECUTIVE COMMITTEE Of the NATIONAL LIBERATION MOVEMENT and the UMKONTO WE SIZ WE (The Spear of the Nation),

2. NELSON MANDELA, 3. WALTER SISULU, 4. DENNIS GOLDBERG, 5. GOVAN MBEKI, 6. AHMED MOHAMED KATHRADA, 7. LIONEL BERNSTEIN, 8. RAYMOND MAHLABA, 9. JAMES KANTOR, who, in ) an association of persons partnership with HAROLD ) within the purview of WQLPE, conducted his pro- ) section 381*(7) of Act No. fession under the style ) 56 of 1955, as amended. Of JAMES KANTOR AND ) PARTNERS, ) 10 . JAMES KANTOR, . - v ✓ 11. ELIAS MATSOALEDI, ) fr 7 / W x^12 . ANDREW MLANGENI > and s w- t»- . 13 . BOB ALEXANDER HEPPLE,

hereinafter called the accused, are guilty of: 2

1. SABOTAGE in contravention of Section 21 of Act No. 76 of 1962, as amended,

2. Contravention of Section 11 (a), read with Sections 1 and 12, of Act No. 44 of 1950, as amended, and

3. Contravention of Section 3 (1) (b), read with Section 2, of Act No. 8 of 1953, as amended. in that:

COUNT 1. SABOTAGE in contravention of Section 21 of Act No. 76 of 1962, as amended.

During or about the period the 27th June, 1962 to the 11th July, 1963, and at Rivonia and Mountain View in the District of Johannesburg, and at Travallyn in the District of Krugersdorp, as well as at other centres within the Republic of , the accused, acting in concert and con­ spiring and making common purpose with VIVIAN EZRA, ARTHUR JOSEPH GOLDREICH, MICHAEL HARMEL, PERCY HODGSON, , , HAROLD WOLFE, MOSES KOTANE, TENNYSON MAKIWANE, JOHN JOSEPH MARKS, JOHANNES MODISE, PHILLEMON DUMA NOKWE, JAMES JOBE RADEBE, , , the COMMUNIST PARTY OP SOUTH AFRICA and the AFRICAN NATIONAL CONGRESS, engaged in a couse of conduct during which they wrongfully and unlawfully

(i) committed wrongful and wilful acts, some of which are detailed in Annexure A, attached 3

hereto, and which were planned and envisaged in terms of their conspiracy, whereby they injured, damaged, destroyed, rendered useless or unserviceable, put out of action, obstructed, tampered with, polluted, contaminated or endangered

(a) the health or safety of the public; (b) the maintenance of law and order; (d) the supply or distribution at any place of light, power, fuel, foodstuffs or water, or of sanitary, medical or fire extinguishing services; (e) any postal, telephone or telegraph ser­ vices or installations, or radio transmitting, broadcasting or re­ ceiving services or installations; (f) the free movement of any traffic on land; (g) any property, whether movable or immovable, of any other person or of the State,

(ii) conspired with other persons to aid or procure the commission of or to commit, or incited, instigated, commanded, aided, advised, en­ couraged or procured other persons to commit the aforementioned wrongful and wilful acts of sabotage, preparatory to, and in facilitation of,\guerilla warfare in the Republic of South Africa, coupled with an armed invasion of, and a violent revolution in, the said Republic, all of which, in terms of their conspiracy, were actively planned and envisaged on a military basis and with hostile intent, in order to disturb, impair or endanger the independence and safety of the Republic of South Africa,

(iii) possessed explosives, fire-arms and weapons in contravention of Act No. 28 of 1937, Act No. 26 of 1956 and Section 10 of Act No. 54 of 1949, respectively.

COUNT 2 . Contravention of Section 11 (a), read with Sections 1 and 12, of Act No. 44 of 1950, ^s amended.

During or about the period the 1st July, 1961, to the 11th July, 1963, and at the places mentioned in Count 1 above, the accused acting in concert and conspiring and making common purpose with the persons and bodies mentioned in Count 1 above, engaged in a course of conduct during which they wrongfully and unlawfully performed acts, some of which are detailed in Annexure A, attached hereto, which were planned and envisaged in terms of their conspiracy and which / were calculated to further the achievement of one or more or all of the objects of Communism, as defined in ✓Section 1 of Act No. 44 of 1950, as amended.

COUNT 3. Contravention of Section 3 (1) (b), read with Section 2, of Act No, 8 of 1953, as amended.

During or about the period the 1st July, 1961, to the 11th July, 1963, and at the places mentioned in Count 1 above, the accused, acting in concert and conspiring and making common purpose with the persons and bodies named in Count 1 above, engaged in a course of conduct during which they wrong­ fully and unlawfully solicited, accepted and received money from various persons or bodies of persons, both within and outside the Republic of South Africa, and gave money to various persons or bodies of persons, for the purpose of enabling or assisting the comnisslon of offences , such as are detailed in Counts 1 and 2 above, in support of a campaign against some of the laws of the Republic of South Africa or in support of a campaign for the repeal or modification of such laws or variation or limitation of the application or administration of such laws, such campaign being that planned and envisaged in terms of the conspiracy referred to in Counts 1 and 2 above. Collection Number: AD1844 State vs Nelson Mandela and 9 Others ()

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