9582. (Jo MAKOENA)

the first time, I don't know him well. After this Freddy Adams, who spoke? A Coloured, Lionel Morrison. Do you know this man Lionel Morrison? Ido. The next speaker? — Lilian Ngoyi. 5 Is this the Lilian Ngoyi you referred to previously? Yes, My Lord. Then there was a speaker E. Malele and after that speaker, who was the next speaker? Alfred Mahlangu. 10 Who interpreted this - his speech? Elmon Malele. That concludes the evidence of this witness - I am sorry, of this meeting. The next meeting is a meeting of the 17th June, 1956. I hand you a document marked G. 271,15

together with a transcript of it, and a document marked G. 27^. G. 271, what does that refer to? These are my notes. Of what meeting? Advisory Board meeting held at Dube Square, 17th June, 1956. 20 Would you refresh your memory from your notes. You have a speaker there Mr. Nkosi? BY MR. FISCHER : My Lord, just "before my learned friend breads, I am quite certain that this statutory body, if it is what 25 I suspect it is, is not mentioned in the Indictment, and I think with respect that my learned friend should lay some basis for introducing the minutes of a statutory body. BY MR. TRENGOVE : 30 I'll ask the witness to refresh his memory from his notes. Now, would you have a look at your notes

1 9583. (J. MAKOENA) and tell Their Lordships if this refers to a meeting of the Advisory Board itself or whether it refers to a meeting of members of the Advisory Board reporting to people who attended this meeting? This was a meeting that was called and arranged by the Advisory Board, but 5 what was said at the meeting hadn't anything to do with the Advisory Board. Was it a meeting held in a hall or in the open or where was it held? On an open square. By whom was it attended? The people who, 10 attended the meeting were members of the public of the township. The people who held the meeting were members of the Advisory Board, and those same people were also members of the African National Congress.

Have you a note of a speaker at this megting 15 by the name of L. Ma3ina? Yes. Do you know whether or not he was a member of the Advisory Board at Dube at that stage? He was. Do you know this L. Masina? I do. Do you know whether or not he is connected in 20 this case in any way? Could you identify him if you see him in Court? Yes, he is here as a matter of fact. Would you turn to the report that you made to what Masina said? Yes, My Lord. I'll read and you can say whether it is 25 correct. He said, "Is true these Native detectives before hey could go away we must first know what they are writing on those note books. I think we must leave them because once we try to find out we shall be causing a lot of trouble, but in most cases you will find that those 30 people who are causing more troubles, they are not detectives. I now move that we must forget about these people who are taking notes. Most of our people said *

958$. (j. MAKOENA) f

Bantu Education is good but you will find that such people

are nothing else but government spies and members of school t \ boards too. This government of Verwoerd and Strydin has bitten, they try to ban those people who are fighting for freedom. They have got no other means except to ban our 5 people. All Advisory Boards has come to a conclusion that l:hey must work together with A.N.C. because is only the party which is fighting for freedom, is now high time that we must all work for our freedom. Today these are parties like Africanist and Masezekake Party they are 10 against the A.N.C., but the fact remains we know that they are on the government side, that is why I have told that they are - that is why I have told you that thesi people who are taking notes they are not so bad, only those people who are not detectives are really bad people 15 to us. You must not listen to anything from such people." And then he refers to the passes, and he protests against the issue of passes to women. He called upon the people to attend a meeting at Kliptown on the 24th June, 1956. He concludes by saying "We are sure to get our freedom, 20 we don't care whether we can be arrested. In place like China the people are free because they had to fight for their rights. Prime Minister Strydom is going overseas on Monday where he will meet some black Ministers too at their conference. I now say we must go forward to 25 our freedom". Is that correct? Yes, My Lord. That concludes the evidence on this meeting. I want to refer ycu to a document marked G. 990, handed in at the Preparatory Examination under that Exhibit number. Can you identify this document? Yes, My Lord. 30 What is it? It is a document. 9585. (J- MAK03NA)

I also want to refer you to your pocket book dealing with this date, the 21st June, 1956. Can you tell the Court if you on that day observed people distri- buting this pamphlet? Yes, I did. Did you make a note of that in your pocket 5 book? Yes, I did. And will you refresh your memory from your pocket book and tell Their Lordships who these people were? L. Masina, Aaron Mahlangu, Sidwell Botani (?), Where was this pamphlet being distributed? 10 They were distributing them to the different houses in Dube Township. It is a pamphlet headed "Freedom Charter Day", "Come to Kliptown, Sunday 24th June, 1956", and it says that "Since 25th June - June 26th has been observed as a 15 National Day by the liberatory and democratic movements". Then it deals with the history of June 26th in the libe- ratory struggle, it refers to the Freedom Charter and quotes a passage from it, and it states at the bottom that it was issued by the Transvaal Consultative Commit- 20 tee of the African National Congress, Transvaal Indian Congress, South African Coloured People's Organisation, South African Congress of Trade Unions and South African Congress of Democrats. I ask leave to hand this in. BY ME. JUS TIC ij B2KKER ; 2 5

How do you know that these people distributed a pamphlet like that? Because I saw them and made a note in my pocket book. Wh.~t did you see? I saw them go and put them in different houses, from one house to another. 30 Where did you get this copy? I took it at a place where they had already been and left. 9583. (J. MAKOENA)

BY MR. TRENGOYE s You have during the course of your evidence referred to the following people. P. Selepe, L. Masina,

L. Ngoyi, R. Resha and S. Tyiki? Yes. When you mentioned the names of these people, 5 are they always the same people? Yes, My Lord. If you see them in Court, can you identify them? Yes, My Lord. Will you step down and if you can identify P. Selepe? (WITNESS IDENTIFIES ACCUSED NO. 18) 10

The next one is L. Masina? (WITNESS IDEN- TIFIES ACCUSED NO. 7) . The next is L. Ngoyi? (WITNESS IDENTIFIES ACCUSED NO. 14) R. Resha? — (WITNESS IDENTIFIES ACCUSED 15 NO. 17). S. Tyiki? — (WITNESS IDENTIFIES ACCUSED NO. 21). I want to mention the names of certain other speakers who spoke according to your evidence at those 20 meetings, and I want to know if you can tell Their Lord- ships whether or not those people wore Accused at the Preparatory Examination. If you are not certain you must say so. L. Nkosi? Yes, he was an Accused. Obed Motsabi? He was also an Accused. 25 M. W. Shope? He was also. N. Sejake? He also. J. Matlou? Yes, he also. Jerry Kumalo? Yes, he also. E. Malele? Yes, he was also. 30 A. Mahlangu? Yss, Alfred Mahlangu also. NO FURTHER QUESTIONS BY MR. TEENGOVE.t 9583. (J. MAKOENA)

CROSS-EXAMINED BY MR. FISCHER 3 You told us that you joined the Security Branch of the Police in 1948? — No, in 1954. And since then you said you had been attending meetings and taking notes? Yes. 5 I would like you to tell the Court in what parts of and the Reef have you attended meetings? , Orlando, Mroko, Dube. Any ethers? No, no others. I went to other places off the Reef, like Klerksdorp. 10 Give me a list of the other places as well? Klerksdorp is the only place. Very many meetings were held between 1954 and 1956, weren't they? Yes.

You must have attended two or three meetings 15 every week? About two a week. Sometimes more? No. And did you take notes at these meetings? Yes. I am now talking about the years 1954, 1955, 20 1956, is that correct? Yes. You know you have been looking at the notes in front of you what has been read to you has only been a very small part of the notes which you had in front of you? Yes. 25 When you write down notes, you told us that if the speaker speaks in English, then you write it down in English? I was always writing in English. When he speaks in English, you write down the words he uses? No, I just write down in the best way 30 that I can get along, the best way I can write down in Engli sh. 9588. (J. MAKOENA)

In other words, do you write down your own words or tho words that the speaker used? I write down the words that he speaks. The exact words that he speaks? Yes, what he say«i I write down. 5 And if you can'tunderstand what he says, what do you write down then? I write down what the person says, but it may happen occasionally that I don't hear clearly what a person says, and then I will leave that out which I did not hear clearly. 10 I wasn't talking about what you could hear. By the way, do you need an interpreter, or can I speak to you in English? I prefer an interpreter. I am talking again of speakers who are talking in English, and I want to know how you write that down? 15 I write down what he says. And is there ever a time that you don't under- stand what he says? Yes, it happens sometimes that I don't catch clearly what the person says. I am not talking about whether you can hear him 20 or not. I want to know whether you sometimes don't under- stand what ho is saying? Yes, then I would leave it out and not write it down at all. So whatever you have written down makes sense? Yes, My Lord. 85 Does the same apply when you are translating from Sesotho or Zulu into EnglishK When a person speaks in either Zulu or Sesctho, then I write it down in English, I translate it myself into English, and I write down what he actually said. 30 And it is also something that you can understand? Yes.

b 9589. (J. MAK03NA)

Do you think you over gave the wrong impres- sion, wrote down something that gave the wrong impression of what the speaker said? No, because I oijst write down what that person says, and I don't write things down which hebdoes not say. 5 You remember there was a meeting which you attended with Sergeant Ooetzee. It was q. meeting of the 3rd June, 1956? Yes, My lord. I would like you to take in front of you your note of this meeting which is G. 847? Yes, I have it. 10 Will you have a look at your recording of the speech of Dr. Solonky on page 2. Do you see it? Yes, I have it. You see you reported the first sentence of Dr. Solanky as follows. "Stood up, apoke in English. 15 "I am here as a speaker worker a man who is working know what is wrong and what is gnod. " Do ycu see that? Yes, I see it. What does that mean? Is Dr. Solanky the man who knew what was wrong and what was gooa? He says 'I am 20 here as a worker, a man who knows #hat is wrong and whatis good '. What Sergeant Coetzee recorded was this s "Not so much as a speaker, but it is better not to be a speaker and to be a worker, because things can only be 25 achieved by working and not by words. It is alright to sit in the lounge and to say this is right and that is wrong, but that does not alter the situation at all. It is only work and more work and hard work". Did you listen to that? Yes. 30 Is it possible that the speaker may have said that? Yes, that is how he heaed it. (J. MAKOENA) 9590.

That is how Sergeant Coetzee heard it? Yes. Do you agree that it gives a completely different picture of what the speaker said? I donTt know, you had better ask him about that. Youknow that Sergeant Coetzee was taking this down in shorthand? Yes, I iJow. Who is more likely to be correct, he or you? I don't know. I want to take the second sentence. Will you read your second sentence in English, if you don't mmnd. Start from "You all...? "You all knowthat the Freedom Charter should be accepted thismonth. On the 2*+.6. there will be a mass meeting, where we shall discuss arbout the freefom Jh^rter. The Freedom Charter campaign is the only the chief of hard work. I now move it to you that everybody should preach about Freedom Charter to the othe people".

Doas that mean that the Freedom Charter is going to be accepted this month? Yes. That is in June, 1956? Yes. I just want you to listen while I read what Sergeant Coetzee recorded and then I will ask you whether it is possible that what Sergeant Joetzee recorded is what actually was said. "Now as you all know the Freedom Jharter will be one year old thismonth. There is a mass meeting on the 2^th of this month. The placa ha3 still to be decided on. It is for people like us to spread the word around that a mass meeting has been called for that day. Therefore I appeal to each and everyone of you to spread the word around. The Freedom Charter contains the principles we are fighting for, and they can actually be achieved by hard work, so I expect each and everyone of you to spread the word around, canvass as much as you can. The Freedom Charter 9583. (J. MAKOENA)

contains the very principles for which we are fighting." Is it possible that that is what the speaker said? I donSt know, that is probably how Sergeant Ooetzee heard it. Do you think Sergeant Ooetzee made it up? No, you had better ask him. Now would you like to take the last two sentences of your report? "I think everybody agree with what the Freedom Charter said. I think everybody is willing to get the freedom and we must ork hard we have goteverything on our side nothing to be lost". How do you spell that word "side" in your note? S-I-D-E. Now I want to read you the corresponding portion of Sergeant Iloetzee's recording. "Friends, I am sure that each and everyone would like to have these aims of the Freedom Charter achieved, but this can only be achieved by hard work. I expect each and every one of you to spread the word around of the mass meeting on the 2^th of this month. Even God does not help those who do not help themselves. They, Nehru said 'Success somes to those who dareeand act', it seldom comes to those who are timid, therefore we have everything on our side, nothing to lose, everything to gain,

Afrika." Might the speaker have said that? I have already said that I don't know, I cannot say what he wrote down, he knows. Will you agree that you might give quite a wrong impression in taking down in lcnghand what a speaker is saying rapidly? I was able to write down what the person said, because when the person ..as speaking in English there was somebody else who was interpreting what he was saying in English over into another language, and I could write down what he was saying. 9592. (J. MAKOENA)

So in your opinion then you get down every word the speaker says? No, I did not write down every word.

But you always get the sense correct? Yes, I write down whathe is saying.

Would you have a look at page 4 of that Exhibit, thatis G. 847, where you recorded the speech of A. Mahlangu. In the fourth line he starts - you appear to have recorded this "We are marching, gasing on the gates of freedom". Is that correct? "These people who are taking notes they think that they will get something. We A.N.C. we said people will rule in this country and we are going to elect our own people to go to the parliament, they will never rule in this country while we are still alive. In 1922 most of the Difch people wue shot "by Smuts "because they were struggling for their better wages, so today they are getting better wages, so v;e are also going to do the same thing, but in the other ways not like those Butch people. When we take over we are not going to chase these white people away but what we want, we want our freedom". Do you consider that that is what the speaker oaid? Yes,

/CONTINUED ... f9583. 9593. (J. MAKOENA)

Now I want you to turn to your notes G. 103. You will remember this was the meeting held at Dube Square, and you have recorded that it started at 9.30 a.m. and went on until 2.10 p.m.? Yes, My Lord.

So it lasted four hours and forty minutes? — 5 Yes, My Lord. •^nd your transcript is four and a half pages long? Yes, My Lord. Do you remember anything of this meeting if you don't look at your notes? No, I wouldn't be able to 10 remember anything, My Lord. You will see that the first speaker spoke about Bantu Education, and it was summarised when you gave your evidence in chief? Yes. I want you to look about halfway through his 15 speech, that is Xaba's speech, and you will see he talks about "ho didn't want his child to do the same^. "frinsloo and Verwoerd are keeping on telling people that this Bantu Educations more important than previous educa- tion". The next sentence is this ; "That is not true, 20 what they want is only that wo must be their slaveries until the last future"? Yes.

That is what you have recorded? Yes. Is that your translation of what he said? Yes, My Lord. 2 5 Skip a sentence "We don't want this Bantu Education because its policy is only to pull us back to slavery". Then he goes on ; "Those N/Detectives who are taking notes in future. Verwoerd will send them to gaols. I am suro you will see. Look what is doing they 30 said one teacher. should only taught 200 children a day in 5 hours." Do you know now what that means? It means (J. MAKOENA)

My Lord, that one teacher must teach 200 children per day, some of them must come in the forenoon, and the others in the afternoon.

Is that what it means? Yes. And that is what you get from this sentence, "Look what is doing they said one teacher, should only taught 200 children a day in 5 hours"? Yes. You know that one of the complaints regularly made against Bantu Education was that there would be two shifts, don't you? Yes, My Lord. Have a look at the next speaker, Selepe, with whom you dealt in chief. You see him at the foot of the page. The third sentence s "You police I can assure you that your life is always..." - and what is the next word? It should be "eliminates".

I want you to spell it? L-I-M-E-N-A-T-E-S. So the sentence reads, "You police I can assure you that your life is always liminates since the A.N.C. has came." Is that correct? Yes. What does that mean? It means that their life is in danger. Why does it mean that? It means, My Lord, that the lives of the.police are in danger. You say "liminates" means "their lives are in danger"? Yes, My Lord. BY MB. JUSTICE BEKKER ; What is the word you would use in your language to convey the sense of "liminates" as understood by you? I would say 'bophelo babona bo Khosi" (?). What does that nuan? BY THE INTERPRETER: That would be, 'Your lives would be in danger'. 9583. (J. MAKOENA)

BY MR. FISCHER s ^ou see, Makoena, I want you to go on. "I appeal that any police who reside here in Dube, they must be chased away". Just go on from there, "You all know they are dangerous to us"? Yes, I have it.

So whose danger was being talked about? It is meant that the police are dangerous to them. That is what it is, isn't it? Because they live together, at the same place. Now let us leave this detail. Would you look lower down, towards the end of that speech. Selepe was dealing, you remember as it was read out to you, about getting freedom, van Riebeeck and the Gold Coast? Then he went on to talk about a man "who is still willing to take part on Bantu Education Committees and School Boards"? Yes.

Now I want you to throw back your mind. You remember that the speaker was discussing a particular per- son who had been busy organising others to take part on the School Boards instituted with regard to the new Baiitu

Education? I don't know which person he was referring to. Do you remember that ho was speaking about a particular person? No, I don't know whether he was speaking about a particular person. Might he be speaking about a particular person? I don't know what was in his mind, My Lord. Just one further point about this speech. Will you cast your eye a little higher up. You remember the bit that was read out, "I understand that subject like history are going to be abolished". Do you see that? And then it goes on, "Why the Nationalist had 9596. (J. MAK03NA) decided to abolished them is becau-e van Riebeeck aame in

South Africa. Later in Africa he was forced to move out".

Have you got that? Yes, I have.

Do you think that is what the speaker said?

Yes, that is what he said. 5

You see, he said that he would use the Gold

Coast merely as an illustration of how the people can obtain freedom, not as an illustration of how van Riebeeck moved out? It was a way of explaining how as you say

Gold Coast got their liberation. 10

We can leave that meeting now. Would you turn to G. 164, notes of a meeting of the 10th October,

1955. Do you see the first speaker was Lawrence Nkosi, according to your note? That is right.

Six lines down, he said "They said African 15 people are not yet civil, they must take about 300 years to come before they can get their freedom. Now we said we are prepared to get our freedom. Now without any war.."

That is how you recorded that speaker on that occasion?

Yes. 20

Now I want to put it to you generally that there is a great deal of material in this exhibit which one cannot make sense of at all. Perhaps during the lunch adjournment you would look at it and tell me whether you agree or not. That is all I want to ask you 25 about that. Perhaps you would look at G. 194. This is the meeting of the 13th November, 1955. Would you look at - just before you go on, this was a meeting called, I think, to discuss the deputation which had gone to

Pretoria - a women's deputation which had gone to Pretoria 30 to try and interview the Prime Minister, is that correct?

Yes, to protest against passes. 9583. (J. MAKOENA)

Nov/ if you would look at page 2, you have

reported a speaker Nyakale? Yes. If you go seventeen lines down, this is what you have reported the speaker as saying ; "Today we have got a lot of crimes through those passes. Now they want to do the same to cur daughters too. I am now appealing to you those who have not join the A.N.C. they must join now, we are not against the Europeans hut what we want, we want equal rights and freedom.." Towards the end of this speech you record "I am a soldier myself in the Union Buildings there is no , but here in Johannes- burg there is too much apartheid. We are going to elect our representatives who will represent us in parliament"?

Yes, My Lord. '-^hat is all I want to ask you about that meeting. Then I want to refer briefly, to a meeting you didn't deal with, which is on your note g. 207, and it is a malting of the 21st January, 1956. COURT ADJOURNS.

{ COURT RESUMES. JOSISL MAKOENA, under former oath5 CROSS-EXAMINATION BY MR. FISCHER CONTINUED ; I am asking you now to have a look at your notes of the meeting of the 21st January^ 1956, which appear on G. 207. This is a meeting which you show lasted two hours, and it appears on two pages. If you glance through this you will see that the speakers dealt with a number of different matters, such as passes and rent, and police raids, and the banishment of loaders and so forth. Is that correct? Yes. And then on page 2, you note the speech of 9583. (J. MAKOENA)

Aaron Mahlangu? Yes. That is the man you testified about this morning, isn't it? Yes, My Lord. He spoke about Bantu Education, If you look halfway through Mahlangu's speech, he was speaking of 5 Bantu Education and wages, and then he went on to say "no Africans will ever be allowed to attend school in the university, most of us we are g^l going to concentra- tion camps and the last people who will go there it will be those people who are taking notes, there in Vryburg 10 there are some people who are from different places and those people they are still interested about the A.N.C. when you are trying to tell the truth you will be threatened by guns last time we were threaten in Kliptown but we had to take everything very easy". That is what you recorded? 15 Yes.

The reference to Vryburg is a reference to a farm to which A.N.C. leaders were banished? Yes. And then a little lower down the same speaker says "We are not against these white people but we want 20 that they must join our freedom charter", and still further down he says "I can challenged them in the Court of Justice we want to work with everybody we don't want that some of them should assist the government our teachers has been expelled at Orlando", whatever that means? Yes. 25

Now would you have a look at G. 243, that is the note of the meeting of the 13th May, 1956. Now this was a meeting which was concerned very largely with the increased rentals which were being charged for houses, was it not? The first speaker after the chairman was a 3o man called Ndaba? Yes. After his introductory remarks he said this : 9599. (j. MAKOENA)

"The present Government of the Nationalist Party .. and during 1932 this Nationalist Party was a small party but this time is a big Government, so we are going to 1)0 the same as they are. Malan and Hertzog had to organise very hard. Today they are ruling, so we must not be tired, we must organise our own people like Malan and Hertzog"?

Yes, that is correct. NO FURTHER QUESTIONS BY MR. FISCHER.

RE-EXAMINED BY MR. TRENGOVE : My Lords, there was firstly the meeting of the 3rd June, 1956, Exhibit G. 847, a meeting in respect of which the witness1 notes of the speech of Dr. Salonky was compared with that of the shorthandwriter Coetzee. My Lord, my learned friend prepared extracts of Dr. Salonky's speech of G. 847 - I take it, My Lords, it is the whole speech of Dr. Salonky? BY MR. FISCHER s

It is the whole speech, My Lord, as taken down by Sergeant Coetzee and as taken dov.n by this witness. BY MR. TRENGOVE : I ask, My Lords, that this speech of Dr. Salonky appearing on this extract by my learned friend, that be typed into the record for the purpose of comparison, this witness' notes of Dr. Salonky's speech, that that be typed into the record for the purposes of comparison, My Lord. And then in view of the cross- examination, My Lords, I would ask the witness to give his notes of the speech made by F. Adams at this meeting and also the speech of L. Morrison for the purpose of comparison at a later stage, My Lord. Makoena, you have a note there of a speech made by F. Adams? Yes, My Lord. 9583. (J. MAKOENA)

Now will you follow, and is this what the speaker said?... BY MR. FISCHER s My Lord, if it would assist the Court, I would suggest that my learned friend simply puts - in this case simply puts in the note as an Exhibit. I would agree to that, My Lord. BY MR. TRENGOVE s

And can these speeches then "be typed into the record from that note, if my learned friend agrees to that? The Defence then agrees that this witness' note of the speech of F. Adams and the speech of Lionel Morrison be typed into the record. BY MR. JUSTICE RUMPFF : Is that for the purpose of comparison? BY MR. TRENGOVE s Well, not only for comparison. BY MR. JUSTICE RUMPFF : Well, then you had better read it. BY MR. TRENGOVE : My Lord, the comparison willbe made, I take it, during argument on the ability of this witness to take down notes properly, although I didn't lead the evidence in chief, My Lords, in view of the cross-examination and in order to enable the Crown to compare at a later stage, I will ask this witness to say what F. Adams and Lionel Morrison said at the meeting, refreshing his memory from his notes. BY MR. JUSTICE RUMPFF ;

Do you want him to say that now? BY MR. TRENGOVE s Yes, My Lord. 9601. (J. MAKOENA)

BY MR. JUSTICS RUMPFF s Either you want this evidence to go onto the record, without any reservations, both in regard to the contents of what the particular man is alleged to have said, and for the purposes of comparison. Then hemust read it, or you can read it. BY MR. TRENGOVE j

Yes, that is what I ask. Now will you follow, Makoena, your note of what speaker F. Adams said. "There was a man called Cecil Rhodes sometimes back he wanted to take S. African land and give it to English people but where I like h:.m he wanted to conqer the land of African to the white people but he failed. Now is our time to fight everything which is happening in this country we have got to say some thing when they come to the African women passes, We say we don't want them; and when we come to the point of Bantu Education we said we dont like this Bantu Education. This present Govern, is fighting so I think we must stand here and boycotted everything; and one day we shall cake the Freedom Charter as aconstitution of Africa and everybody will have rights to go the parliament. In order that Freedom Hharter should be constitution of this country e must all come to the Dieting in order that we may fight and die for our freedom charter. We have got about one million people who agreed with Freedom Charter. The Govern, is trying to stoped people, Whites, Indians and African but is beaten. Last week I was in court and Mr. Moeller was there send by Swart but he could not answer any question. He also agree with Freedom Charter, so I dont find the reason why they cant sign this Freedom Charter to, is our duty here now to take the copy of this letter here to get about 25 people to sign on that letter, (J. MAKOENA) 9602. we must start now to organised other people about this Freedom Charter, On the 2>+.6.56 we are going to have a mass meeting and I moved that everbody shall come to that impor- tant mass meeting of Freedom Charter campaign." Is that correct? Yes, My Lord. Then Lionel Morrison said ; "Who said; In five years times we shall be siting at the parliament to. The government is introducing Bantu Education to the African ^eople, these teachers who help on Bantu Education we warn them that they must not accept that wrong idea, Why they oppressed other people to? They must leave Verwoerd to do his work with his dirty dogs. We must boycotted all these Verwoerd schools but some other people said half of egg is better than no egg, that is wrong, they are today talking about Bantu Spates and Reserves. They are talking about so many things, they said people are very glad about this Bantu Educations, we are not Bantu we are Africans, so that is why we rejjct the Bantu Education. Verwoerd istrying to stop the wave, but really he cant, so we warn Verwoerd that is impossible. Why these people aro taking notes? Do they know that they are signing for their death, they must leave that work to Swart .-,nd Sprencler to do the work, Is always the policy of the oppresser to deviae and rule, they are trying to separates the people, that is why they had brought these Bantu Education and try to abolish the trade union, that is why they said they are trying to break Indians, Joloureds from African. We know that we have got only one enemy that is the Govern, of today, so there is nothing else that will ever free the , is only freedom charters, When we take over we will never live in such houses and our children will live free too, Swarts said about 200 people are going to be arrested about High Treason, but is telling the lie, when you try to talk about what is good, they said you 9603. (j. MAKOENA) are committing a case of high treason. On the 2^.6.56 we are going to celebrate our Freedom Charter and after that meeting we are going to count our fingers of when are going to get our freedom." Is that correct? Ye s , My Lord.

(CONTINUED / 9583. (J. MAKOENA)

My Lord, there is just one other meeting, the meeting of the 21st January, 1956 which was referred to by the Defence, the speech of Mahlangu, My Lords. The Exhibit number is G. 207. My learned friend quoted a passage from this speech. In the passage immediately 5 before the passage quoted by the Defence, I would like the witness to refresh his memory and tell Their Your- ships the gist of the passage preceding that. Aaron Mahlangu referred to the fact that the white police were getting an increase in wages, and stated that the non- 10 European people will never get anything, even though they are the people doing most of the work. And then he \ continues s "I think you will remember that there was a man called S, Sacks who was fighting for equal wages, and that was was against the government, and a man like 15 J.B. Marks, he also tried to fight on behalf of mines people, and all these people were banned, even Mr. W. Sisulu was banned and also our president Chief A. Luthuli, who refused to carry the duties of his chief and said he will work for the nation, Verwoerd has intro- 20 duced this Bantu Education due the fact that the African people should only be taught how to work for farmers in the farms.." and then the passage referred to by my learned friend, and the speaker refers to the Freedom Charter and he calls for volunteers. Is that correct? 25 Yes, My Lord.

My Lords, there are two questions that I should have asked this witness in his examination in chief. May I ask Your Lordship's for permission to ask that question through Your Lordships? It refers to 30 the addresses of two of the Accused. 96°t')' (J. MAKOENA)

BY MR. JUSTICE RUMPFF s Have you any objection? BY MR. FISCHER s

No, My Lord. BY MR.TRENGOVE ; You identified the witness L. Masina? I did. During the period of the Indictment, during 1954, - 1952 to 195C, from October, 1952, did you know Masina during that period? I knew him since 1954. Now since 1954 to 1956, what was his address, where did he siay? At 508 Dube Township. You also know the person Peter Selepe? Yes, My Lord. Now during this period, on the 27th of Sep- tember, 1955, you accompanied Sergeant White who searched certain premises at 1802 Dube Township? Yes. At that stage, who was living in that house? Whose residence was that? Petor Selepe. The man that you identified? Yes. NO FURTHER QUESTIONS - 9606 22/2/1960

MR. TRENGOVE; The next witness will be Nathaniel Segoni, my lords. He is called to give evidence on cer- tain meetings mainly at Port Elizabeth. / j RUMPFF J: Hew many meetings?

MR. TRENGOVE; About fifty, my lord. He gave 5

evidence on 70 at the Preparatory Examination, my lords;

we've redueed it to about 50, 48 . . .

RUMPFF J; Yes.

MR. TRENGOVE: There are a number of meetings, my

lord, in respect of which, as far as the Crown is concerned 10

we are only relying on the fact that those were meetings

of the African National Congress and that certain people

spoke from the platform at those meetings. We have pre-

pared a schedule, my lords, which was made available to 15 the Defence and those meetings - evidence on those meetings

should be restricted as far as we are concerned to that

fact.

RUMPFF J; Yes.

MR. BERRANGE; I wonder wnether my learned 20 friend could indicate whether those meetings are inclusive

or exclusive of the 5C0

MR. TRENGOVEt Exclusive, my lords.

MR. BERRANGEs So there are fifty besides those? 25 MR. TRENGOVE; Yes, my lords.

RUMPFF J; Is this also evidence from Segoni?

MR. TRENGOVE; Yes, my lord.

RUMPFF Js Well, how many meetings is he then

going to give evidence on? 30 MR. TRENGOVE; All in all about 60, my lord. We're omitting ten altogether.

k 9607 NATHANIEL SEGONI

NATHANIEL SEGONI S .S : (XOSA ) XD. BY MR. TRENGOVE; You are a detective sergeant in the 1 S.A.P, is that correct?— Yes. And you are stationed at Port Elizabeth?— Yes. How long have you been at Port Elizabeth?— Prom January, 1951* And are you attached to the Security Branch of 5 the S.A. Police, at Port Elizabeth?— Yes. And since when have you been attached to the Se- curity Branch?— Since January, 1951. You used to attend meetings of the African Nation- al Congress, also other organisations at Port Elizabeth, is 10 that correct?— That's correct. And you have taken notes at many of these meetings ?— Yes. And at the Preparatoiy Examination you gave evi- dence of notes that you took at meetings during a period 15 starting in the middle of December, 1953, till approxi- mately February, 1956?— That's correct.

Now, do you know know the speakers who spoke at those meetings'?— Yes . And do you see any of those speakers in Court 20

here?— Yesc Whoti could you recognise in Court as having spoken at theue meetings that you are about to testify to? RUMPFF J; Why do you do it this way? 25 MR. TRENGOVE; My lord, in order to be fair to the people that have to be identified. Could I just explain, my lord, when once he has identified them? RUMPFF J; Yes. Very well, let him continue. 30 5611* N. SEGONI

MR. TRENGOVE: Do you see any people in Court

whom you know, Segoni?— Yes0

Who are they?— Mayegoso, Mklalepe, Mkwaye, MctLmbo, Nkampeni, Ntongani. Tshunungwa, Tshume, . . Will joa step down from the witness box and identify these people?— Mayekoso, accused No.22; Mklalepe, accused No,23; Mkaye, accused No.24; Ndimbe, accused No.25; Nkampeni, accused No„26; Mtongani,

accused No.27; Tshume accused No028; Tsunungwe,accused

No.29c You identified Mayekeso; do you know this man whom you identified?— Ye3, I do.

How long have you known him?— Since 1952. What nationality is he?-- Xosa. And do you know if he speaks any other language ?— Xosa and English, And during this period that you've known him, since 1952, where was he usually resident?— 33 New Bright Ferguson Road, The second person that you identified was Nkalepe, is that cerrsct?-• Yes*

Since when have you known him?— Since 1954. And what nationality is he?— Xosa. Do you where he usually resides?— Korsten, Port Elizabeth. Do yea know if he speaks any other language?— Only Xosa that I've heard him speaking. Now W, Mkwai, do you know him?— Yes. How long have you known him?— Since 1953. And whet nationality is he?— Xosa. And do you know what languages he speaks?— Xosa 9609 N.Sigoni

and English. And during the time that you've known him, since 1953» where was he usually resident?— New Brighton.

You have also identified a person as Ndimba; how long have you known him?— From 1954. And what nationality is he?— Xosa. During the peiiod that you've known him, was he ordinarily resident in Pert Elizabeth?— Yes. Where in Port Elizabeth?— Korsten. Do you know what languages he speaks?— Xosa. J. Kamperi; you identified him?— Yes. How long have you known him?— Since 1954. And during that period was he ordinarily resident in Port Elizabeth?— Korstenc What nationality is he?— Xosa. And do you know if he speaks any other language?— Only Xosa that I've heard Lim speaking,, P. Nkampani, do you know him?— Yes. Since when?— Since 195?. And during that per?.od washe ordinarily resident in Port Elizabeth?— Ye - . What languages does he speak?— Xosa and English. And is he a Xosa?— He is, Where did he stay in Port Elizabeth?— Amazumbu Street, New Brighton.

T. Trhume that you identified?— Yes. How Zong have you known him?— Since 1952. During that period was he ordinarily resident in Port Elizabeth?— He was. Where?— 155 Anazumbu? New Brighton. And what languages does he speak?— Xosa and 5611* N. SEGONI

English, my lords.

And is he a Xosa?— He is a Xosa. You also identified Tshenungwe?— Yes. Do you know him?— I do, from 1955. Does he stay at Port Elizabeth?— No. Now, Segoni, you have been referred at the Prepa- ratory Examination - - you gave evidence there on a large series of meetings of which you took notes?— Yes. Now these notes that you made at these meetings were they made at the meetings while you were attending the meetings?— Correct. And did you in those notes record who the speak- ers were, what they said and so forth at these meetings?— Yes , I di d „ And would you to-day be able to tell the Court without refreshing your memory from those notes exactly what the speaker said, and who the speakers were that spoke at the various meetings?-- That would be difficult for me.

If you are handed your notes, would you be able to refresh you?.- memory and tell the Court who they were and what they said?— iesc My lords, I ask that the witness be allowed to refresh his memory, RT3M1EF J; Yes» MR. TRENGOVE; My lords, the first meeting was a meeting of tie 16th January, 1954. I hand you a docu- ment marked G.504* Do you identify that document?— Yes. What is that document?— "Let the People Speak Campaign" . Where was this meeting held?— It was held at the Moslem Hall 5611* N. SEGONI

And are those notes that you made of that particu- lar meeting?— Yes e Where was this meeting held, where is this Moslem Hall?— Campdon Road, Port Elisabeth* At the meeting you. ma<> '•.l-u.^vcpn?— Correct.

Do you know A0?, jiate?— Yes, I do, A member or! what organisation is he?— He is now de- ceased. But at that time what organisation was he a member of?— He was at that time a member of the African National Congress and he was banned,

The first apeaker after Mate, according to your notes, is JeG3 Matthews?-- Yes0

Do you know JaG. Matthews?— Yes. Where was he resident?— In Port Elizabeth. What was he doing there?-— He was an articled clerk for attorney Spilkor. . Do yoa knev :_f he is ".'o'i a'jeC to any other prominent person in the Jsfricou J-vtvonal Congress?— He is the son of Prof. Matthew Si

Now I vant you tc refer to your notes of what J.G. Matthews said; have you got your notes?— I have. And reireshing your memory , , . . BEKKER J; How do you know this person was a son of Profe Matthews?— Icve spoken to him, and I've seen his father, and he told me that Prof0 Matthews was his father o

MR. TRENGOVENow I want to refer to the speech 5611* N. SEGONI

of Matthews; would you look at page 46 of your notes ?— Yes.

BEKKER J; Have you any transcripts? MR. TRENGOVE; Unfortunately, my lords, I haven't go transcripts of any of these notes. Is it cor-

rect to say that J.GC Matthews referred to the passing of the Suppression of Communist Act and the campaign for the Defiance of Unjust Laws, and the Public Safety Act ?— Correct.

And if you look at page 48 of your notes did he attack the Government as being ZTascists?-— Yes. And did he say it was their task to mobilise all anti-Fascist people against the Government?— Yes. MR.. BERRANGEs I wonder if I could intervene my lords, to ask my learned friend to ask the witness to read out that portion which he alleges is an attack upon the Government 'as being Fascist? RIT3PFF c 1 s You read it,

CTffgffiBs Read it please?— "As you know the campaign of lo.J.'.ance of "Jr.just Laws, In 1952 that campaign was conduced i.ncer bhi? Act. Government had to pass more laws "o handle the situation in this coun- try. The removed not liberty of people through the Public Safety Act, they removed liberty of all people. If you examine the Public Safety Act any moment the Minister of Justice can declare to arrest Dr, Malan, Strydom etc. It seems amusing but it did not take long when Hitler tc ok dictatorship he turned against his friends. He started the Nazi Party but when these laws were passed, 1he Public Safety Act, is the same as those laws passed b; Hitler. When emergency declared the 5611* N. SEGONI

the first people Hitler started with were the members of his party. I hope that the members of the Special Staff should take note of this, because they will never know what may happen. What the history of this country has been..." I cannot read the next word, my lords. "Kicking us during the last 40 years. It has been saying Africans, Indians, Coloureds and Jews, and that is the history we expect to happen in this country. S.f this could not be stopped. I think it is not enough for us to examine the position but it would be necessary to discuss our difficulties. We have to show the ruling classes this year that if there is still some more laws they must pass them all and I don't think there are still many more. I think the Public Safety Act is the worst• Our great task in the present situation is to lay out....11 That sentence is incomplete, my lords. "The basis of such a broad anti-Fascist has been made. As I see the National Organisation of peoplein this country, and these organisa- tions build up the frontiers of the Anti-Pascists, but it is not sufficient to confine ourselves to the anti-Fascists. Our task is to mobilise all anti-Fascist people against the Government. At the moment I'm trying to form up basis of anti-Fascists, not the people who are against the peoples movement." "We can formulate the people who are anti-Fascist,because you must remember that Fascism ends to those who even have. When Fascism started Liberals could not meet and later on Fascists destroyed all people. In this connection I think we must take the decision which appears in that press which has been taken by the National Organisation, that a Charter must be drawn to rule the people. . . . ." 9614. No SEGONI

RUMPFF J: Are you still on the topic of the Govern- 1 ment being Fascist? MR. TRENGOVE ; Yes, my lord. RUMPFF J: What you really mean is that the Government was becoming Fascist? MR. TRENGOVEs Yes, my lord. 5 MR. BERRANGE; My lord, I don't want to join issue with my learned friend at this stage, but I cannot read into that anything that the Government is either Fascist or is becoming Fascist, To me it reads merely as an afetaek on Fascism, without indicating who are the Fascists 10 are| my lords.

RUMPFF J: It's quite obvious, Mr. Berrange, it refers to the Acts, but I think it should be qualified, that the Government is becoming Fascist . . MR. BERRANGE % Yes, that is so, my lord. I 15 thought my learned friend would be able to refer spe- cifically to some such sentence which I had overlooked, ny lord.

RUMPFF J; Yes. It'3 a question of interpreta- tion, 20 MR. TRENGOVE; Now will you turn from there to page 51 of your notes where herefers to the calling of the Congress of the People? have you got that?— Yes. The calling of the Congress of the People, will you read from there?— "The calling of the Congress of 25 the people will be a task where we shall be able to see who are anti-Fascists. You know that when there had been a flood in the river you always find some small pools outside. Such a flood was the Defiance Campaign, The African National Congress Democratic League, the 30 5611* N. SEGONI

Coloured Peoples Organisation and the main stream carried on. In conclusion my friends the year 1954 is promising in the political field. We are going to meet more Pas- cists' attacks. If we work hard at the task and deci- sions taken by the leaders against oppressors in this country, there will be no reason to fear." That concludes the speech of J.G.Matthews?—Yes.

After Matthews the next speaker was R. Matshe?— Correct. Do you know this person Matshe?— Yes, I do. Now, Segoni, there is just one further question that I want to ask you in connection with this meeting. Will you look at the beginning of the meeting where you made notes of people who were present at this meeting, and is it correct to say that you have amongst the people present the name of Mkwai?— Yes.

And what Mkwai is that?— The accused. The one whom you identified?— Yes. That is accused No.24, my lords. That concludes the evidence on that meeting, my lords. This last meet- ing is referred to in the Policy Schedule, my lords, at page 3. The next meeting, my lords, is a meeting of the 7th February, 1954, it's referred to in the Policy Schedule at page 33. Now, Segoni, you have in front of you certain notes marked G.506?— Yes. Is that correct?— Yes. What does that refer to?— African National Congress Meeting. Where was it held?— It was held at Veeplaats# Port Elizabeth. On what date?— On the 7th February, 1954. 9616. N. SEG-ONI

How many people were present?— 500 people appro- i ximately.

The first note you have is that R. Matshe was there, is that correct?— Yes. And he was issuing membership cards?— Yes. Who acted as chairman of this meeting?— B. 5 Stuurman. Do you know this person?— Yes. After B. Sturrman who spoke?— R. Matshe. And who acted as interpreter for him?— S.Mtangani. Then there was an unknown native adult speaker 10 ?— Correct. Two of them in fact, and then at page 28 of your notes the name of J. Nieri?— Correct. Do you know J. Nieri?— Yes. Now, would you turn to page 29 of your notes. 15 Have you got it?— Yes. After referring to the African National Congress stating how old the Congress was, referring to Africans who fought overseas, 1939 - there's a passage starting "Now my African people". Have you got that?— I have. 20

What did he say there?— "Now, my African people, you must not follow the civilisation. When this organisa- tion was brought they told to pray God. If I had powers I would collect all the bibles and return them to the Euro- peans, because we have long been praying but we have not 25 got freedom. Our cattle, you cowards, have been taken away. What are you going to do with the Dutch women who could not even wash the napkins? I did not say that you must take your kerries and attack the Europeans in Towns. This organisation could not be shot. This organisation 30 9617. N. SEGrONI

is not Dr. Ndonga and Matshe, Dr. Moroka, Dadoo and Luthuli. This organisation . . . BEKKER J; Mr. Trengove, I am afraid I find it difficult to follow what he says. I wonder whether you couldn't read. It's no reflection on his ability to read, it's just that I cannot follow what he says, MR. TRENGOVE; As your lordship pleases. You follow from your notes, Segoni and see that I read cor- rectly from this copy that I have.

BEKM J; Start that sentence over again. MR. TRENGOVE; Yes, my lord. "This organisation is not Dr.Njongwa, Matshe, Dr.Moroka and Dadoo and Luthili. This organisation is for people, and those who don't join we shall tramp on them, proceeding towards freedom. Bones of Hintshe (?), Moshesh and others are moving out about in the graves because Africans are not free. I shall now refer to the Coloured people, the A.N.C. wants all nations even the Dutch people to join it and march towards free- dom. I appeal to the coloured people to join the A.N.C. because they are not free. During 1652 the Coloureds were the first to meet Van Riebeek. The country was taken away by the Europeans. Whether you die in gaol or shot along the streets for the sake of your people you will go to heaven. The hell machinery is in the Par- liament." Is that correct?— That is correct.

The next speaker was a man by the name of Qiko ?— Yes. And then at page 32 the speaker is C.Mayekisi ?— C orre ct „ And after him the speaker was Dr. Njongwe, at page 33 of your notes, correct?— Yes, correct. 5611* N. SEGONI

Now Br. Njongwe made a fairly long speech re- ferring to the South African history, and then at page 36 of your notes he appeals for volunteers; is that correct?— Correct.

He also refers to a number of other matters like economic boycotts, then at page 36 he appeals for volun- teers; is that correct?— Correct.

Have you got the passage, "Let me say this to volunteers"?— Yes.

Now will you follow carefully, I will read what

Dr. Njongwe said; "Let me say this to the volunteers.

We still want more volunteers for freedom. We shall never be satisfied in the Cape unless we have 100,000 volunteers. There is a lot of work to be done to achieve our objective. Remember this, it is usually that when we achieve our objectives of freedom cowards will be the ones to enjoy the freedom. You need not be educated about oppression. Oppression is part of your life especially in New Brighton. When you see your brothers being taken away in a Riot Van by the police for passes, and exemption certificates, an> ordinary pass is the same. There is no difference between white and red paper. Some people do not rea- lise that the implementation of carrying a permit.

Most people do not realise how the permit. The law of the permit and the pass is based upon the humilia- tion of the people. Those who are against the laws which we should fight, we have been praying for 302 years in South Africa, but the oppression is increasing daily. Perhaps you don't pray properly and you pray to

Queen Elizabeth to defeat her enemies. You pray to God 5611* N. SEGONI

to raise the Queen who reigns in British to oppress your

brothers in Kenyac When ;ou say such prayers God turns his back against you. You must all join the A„N.C. and let us march towards freedom. Let us preach to the people until all the Africans in South Africa say Africa and Free- dom in our lifetime," Is that correct?— Corredt.

RTJMPFF J; Was it necesaaj^y to listen to all that?

MR. TRMGOVE; My lords, no . . . RUMPFF J; Why do you read such long extracts from these people? MR. TRENGQVEs My lords, as the meetings proceed the extracts will become less and less. RUMPFF J: Why? MR. TSENGOVEs My lords, there were certain themes which recur at these meetings, and in order to give your lordships the correct impression of what the theme is there are certain passages that we have to read. You say you know this Dr. Njongwe?— Yes,

And Mayekisi who spoker is he the one you identi- fied?— Yes. The next meeting, my lords, is a meeting dated the 21st February, 1954, Exhibit G. 507. What is that meeting, do what does that note refer?— The Peoples Campaign. At where was this held?— At Veeplaats, Port

Elizabeth. Who acted as chairman at this meeting?— W. Mkwai. And the first speaker wa3 A.P. Mate, is that cor- rect?— Yes. Then there wac a speaker R. Mahlaba?— Correct. 5611* N. SEGONI

I want you to refer to a portion of his speech only, tnat is a portion starting at page 6(b) of your notes. Have you got that?— Yes. It starts.from "The ottacte of uhe leaders was aimed at them because they were organising the Trade Unions" Have you got that passage?— Yes.

Now the speaker proceeds "In order that a constable gts promotion he must shoot an African." Have you got that?-- Yes.

I want to read from there? Just follow care- fully?— Yes. "In order that the constable gets promotion he must shoot an African. In the history as long as we know that in spite of the Capitalist country who have bullets and gaols, the oppressed people fight for their freedom. Today the Christians go about up and down as free citizens preaching the gospel. The same thing i3 going to happen in this country. All the Capitalists are deteriorating all over the world. You will remember that in 1950 on the 26th June when we sat down on one day strike morning for our heroes Moqouna, Hintsa, Tshaka ad Moshesh, the Korean war started. The Americans started fighting against the Koreans. Here in Africa which is the only hope of the Capitalist the Mau Maus in Kenya are fighting determined not to give in to the British. We have not got the freedom, and we shall only have freedom when we and I should go and sleep in the forest. I have been authorised by the banned people to deliver this message; when I say the banned people I don't refer to Port Elizabeth alone, but the whole of the Union of South Africa. Our task is to join the 9621 N. SEMI

Trade Unions and peoples organisation and fight for our freedom." Is that correct?— Yes. Then there was a comment by the chairman, and at the end of your note you have also got a note that B. Stuurman, the chairman of the African National Con- gress Branch at Yeeplaats, wasalso present. The end of your note?— Yes. That, my lords, concludes the evidence on that meeting. The next meeting, my lords, is a meeting of the 12th March, 1954, G.508. Bo you have that?— Yes. To what do those notes refer?— To a meeting 10 of the African National Congress held at Korsten, Port Elizabeth.

On what date?— On the 12th March, 1954. The chairman at that ne eting, who was he?— J. Jack. 15

Bo you know him?— Yes. He welcomed somebody at that meeting, a member of the African National Congress from elsewhere; who was that?— Sisulu. 20 W. Sisulu?— Yes. And he introduced him as what?— As Secretary General of the African National Congress. Then you have a note that W.M Sisulu spoke? At page 54 of your notes?— Correct. Bo you know that person W.Sisulu?— Yes. 25 And will you be able to identify him if you see him in Court?— Yes. Now, I want to refer to the speech of Sisulu; is it correct that he proceeded to give a statement on 30 his visit overseas?— Correct. Collection: Collection number: AD1812

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