PART II
THE PERSONS WHO WERE PARTIES
TO THE CONSPIRACY AND THE
IMPLEMENTATION THEREOF. - 1 -
4. THE PERSONS WHO WERE PARTIES TO THE CONSPIRACY, AS WELL AS MEMBERS OF THE NATIONAL HIGH COMMAND AND SUBSIDIARY BODIES.
A. THE ACCUSED:
ACCUSED NO. 1 – NELSON MANDELA.
EXHIBIT R 11 – A document headed “Target, Seven things”, see above, PART I, page 56.
EXHIBIT R 15 – A document commencing with the words “Guerillas never wage positional warfare”, see above, PART I, page 56.
EXHIBIT R 16 – A document under the heading “MAROC”, see above, PART I, page 56.
EXHIBIT R 17 – A diary commencing January 1962, see above, PART I, page 56.
EXHIBIT R 18 – A document headed “IRG.Z.L.”, see above, PART I, page 57.
EXHIBIT R 19 – A document headed “HUKBALAHAP”, see above, PART I, page 57.
EXHIBIT R 20 – A document headed “HOW TO BE A GOOD COMMUNIST”, see above, PART I, pages 118 to 120.
EXHIBIT R 21 – A document headed “DIALECTICAL MATERIALISM”, see above, PART I, pages 120 - 121.
EXHIBIT R 22 – A document headed “POLITICAL ECONOMY”, see above, PART I, pages 121 to 122.
All the above –mentioned exhibits are in the - 2 - handwriting of NELSON MANDELA and were fully dealt with above at the pages cited.
In addition, the STATE relies on the following documents
EXHIBIT R 12 – This is a three-page document of which the first two pages read as follows: “Do not know how many guards are stationed just behind cell but it is clear that there are a number of them on bellows and in the passage between the outer and inner walls.
The odds appear to be against the use of force at present moment. There have also been a lot of changes as far as the staff is concerned. B has been transferred to Ermelo and there is a new officer in charge of my section. I need hardly mention the disastrous effects, politically, of any abortive attempt.
Also bear in mind that I might be immediately transferred elsewhere after conviction.
(1) Bear in mind that a numerical expansion unrelated to expansion of activities can be dangerous. I would favour a slowing up of recruitment and a concentration on activities. (2) Had good discussions with Natal Commit. They have good talent and I think they will go very far provided they are properly handled. But I had the definite impression - 3 -
that to get things properly under way there, we will have to have a man like M.M. I think we should have discussions with SACTU. We should have him back for this task. After all Natal is the most difficult province in this respect. (3) I understand the boys may be here any day. I think Ray should be around here for the time being, but I would suggest that the other chaps should be placed at the head of various regions. (4) I think ranks are little too high. I would suggest the chopping of the two top ones and an adjustment of the lower units. We might start off with a squad of 3 with a squad leader. 3 squads making a section with a Corp. as leader”.
The third page is a sketch of the Johannesburg Fort indicating, inter alia, the room where MANDELA was being held prisoner, his exercise yard and the interview room, as well as the office of the Superintendent and the positions of the armed guards. Other details are given and speak for themselves.
This document is in MANDELA’s handwriting.
EXHIBIT R 13 – This is an eight page typed document bearing notes in the handwriting of NELSON MANDELA. It is headed “PAFMECSA” (that is, Pan African Freedom Movement for East, Central and Southern Africa). The document reads as follows:
“PAFMESCA. Com. Phillip has already reported on this - 4 -
Conference and my task on this particular aspect of my report is merely to underline just a few points.
The delegation of the A.N.C. made a definite impression and our address was warmly received. Speech was published in full by the Ethiopian press. As pointed out elsewhere not even Gilimayo’s opening address at the Conference received as much publicity.
Pafmecsa intimated that they would use the speech as the basis of plans for action against South Africa. Our delegation was extremely pleased about the reception of our address. The invitation received by our delegations to address certain groups in Addis is further testimony of the impression we made. O.R. was invited together with Kenneth to address a Society whose name I cannot now recall. I was invited to address the students of the Haile Selassie University.
The resolution on South Africa which was adopted by Conference was drafted by us and passed just as we submitted it.
Finally, O.R. was appointed to the Coordinating Freedom Council, the governing body of Pafmecsa.
A.N.C. emerged strong from the Conference.
There were, however certain disturbing features: (i) Hostility towards Arab fraternal delegates. (ii) Hostility towards Diallo and the A.A.P.C. (iii) Hostility towards Ghana. - 5 -
POLITICAL CLIMATE IN THE PAFMECSA AREA. Striking feature widespread anti-colonial feeling and strong opposition to anything resembling partnership between white and black. This emerged very clear in speeches at Conference and in discussion with various delegations there and leaders elsewhere.
(1) Discussion with Mbiyo Koinange. (2) Discussion with Diallo. Suggests joint meeting with the P.A.C. (3) Kenneth, Simon, Kamanga, Mainza Chona. Non-Africans not permitted in Executive positions. Freedom Charter torn after information received re Communist influence.
PAFMECSA. (1) 16 countries represented. 3 Independent States and 13 non-independent. Sudan wished to avoid accusations of regionalism. Swaziland told by Ghana that it was not important to attend. Ruanda-Urundi’s Uprons delegate not accepted. (2) A.N.C. delegation of 6. OR led. But both he and I allowed to attend Heads of Delegates. (3) Emperor’s Opening Speech. Theme African Unity and the accleration of independence movement. On South Africa he felt the necessity of new measures. Theme of Emperor picked up by delegates. - 6 -
(4) Submitted draft of speech in which Umkonto had not been specifically mentioned. Amended. Give a summary of the points made in the speech. (5) Speech published in full by the Ethiopian press. Received invitations to address university students and O.R. and another addresses a Society. Pafmecsa adopted speech as basis of plans for action on South Africa. Our delegation extremely pleased about the reception of the speech and we emerged strong. (6) Resolutions: General resolution condemning colonialism, calling for African unity and the formation of united fronts. Specific resolutions affecting particular regions. Nothing really novel on South Africa. (7) O.R. appointed to the Coordinating Freedom Council. (8) Certain Disturbing Features. (i) Hostility towards the Arab fraternal delegates. (ii) Hostility towards the AAPC and Diallo. (iii) Hostility towards Ghana. - 7 -
POLITICAL CLIMATE IN THE PAFMECSA AREA. Striking feature widespread anti-white feeling and violent opposition to anything that smacks of the concept of partnership between black and white.
This emerged from the speeches at the Conference and from the discussions we had with various delegations. (1) Discussion with Mbiyo Koinange. (2) Discussion with Diallo. (3) Kenneth Kaunda, Simon Kapwepwe. Although whites allowed to be members cannot serve on committees. Kamanga and the Freedom Charter. Mainza Chona. Has no confidence in P.A.C. (4) Discussion with Chirimbani, Silundika. (5) John Kakonge of the U.P.C. (6) Oginga Odinga and Mwai of Kanu. (7) Discussion in Cairo with several National movements, including the B.C.P. (8) Kamanga’s statement on the dominant position of the A.N.C. (9) Joe and I had had discussions with Mwakangale, M.P. These discussions were important in view of Tanu policy of racial cooperation. Clear that in this area there are great reservations about our policy and there is a widespread feeling that the A.N.C. is a Communist dominated organisation. - 8 -
ATTITUDE OF THE ALL AFRICAN PEOPLE’S CONFERENCE, AFRO-ASIAN SOLIDARITY COMMITTEE.
MISUNDERSTANDING OF OUR ATTITUDE IN SOCIALIST COUNTRIES.
(i) Application of COD for membership of AAPC defeated on a motion from delegate of Communist China. (ii) Hilda’s brilliant address not appreciated. (iii) Piliso’s experience in G.D.R.
DANGEROUS IMPLICATIONS OF THIS MISUNDERSTANDING. This misunderstanding is due partly to difference in local conditions. But we have to examine the position most carefully.
DISCUSSION WITH OUR REPRESENTATIVES IN DAR. (i) Friction between Frene and our chaps. (ii) Vela and O.R. (iii) Vela and Raymond Kunene – Youth Congress at Helsinki.
Agreed that we need to make adjustments in tactics not in policy. The ANC must regard itself as the vanguard in S.A. of the Pan African movement. Discussion with Chirimabni and Silundika. Satisfied that the A.N.C. is dominant but unable to agree with policy.
Attitude of the Afro-Asian Solidarity Committee. (i) Subcommittee voted some money for A.N.C. rejected by plenary session on ground - 9 -
that A.N.C. is stoodge organisation and had sold to Whites. (ii) COD’s application for membership had been rejected on an motion by a delegate from Comm. China.
Attitude of Socialist Countries. Piliso’s report on G.D.R. Hilda’s Speech. Clear that our tactics, not policy, are out of step with the rest of Africa (Pafmecsa.) IT IS TRUE THAT OUR OWN SITUATION HAS ITS OWN SPECIAL FEATURES WHICH DISTINGUISH US FROM THE REST OF AFRICA. BUT THERE ARE SERIOUS DANGERS: WE WILL FACE VERY GRAVE PROBLEMS AND DIFFICULTIES IF WE DO NOT CHANGE TACTICS NOT POLICY.
There are certain aspects of our work which would give the impression of being dominated. (1) No participation on mass level. (2) The demand for national independence is lacking.
A.N.C. Executive has considered the matter and decided that tactics must be modified to accommodate this climate of opinion in the Pafmecsa area.
M – TRAINING. ( (1) Discussion with Nyerere – Suggests Ethiopia. ( (2) Discussion with Quebre – 20. Might take more – arranging for plane to pick them. ( (3) Egypt 7. - 10 -
( (4) Algeria – Any number. Felt we should the rest of the training under our own ( conditions 2 ( (4) Morocco – also any number. ( (5) We raised it with Mali, Guinea and Ghana. ( Training at Colifi.
FUNDS. ( £10,000 from Nigeria. Definite promises from ( £5,000 in Tunisia Senegal, and the Sudan. ( £3,000 in Morocco - Had previously discussed ( £7,000 on May 1st. the matter with Julius. ( £2,000 in Liberia will be yearly amount. 3 ( £5,000 in Ethiopia. ( All these monies were sent to O.R. in London. ( £2,778 sent home. ( £3,000 £10,000 from Nigeria. Money collection is a job which requires a lot of time. You must be prepared to wait. Position of our people prety grim. OR. Xola Robert, Maindy, Raymong Kunene, Jimmy Radebe. Visit to Socialist countries has become imperative.
PROBLEMS OF A.N.C. AND PARTY. ( Relations should be carefully defined. ( ( (1) Joe’s trip to the East. 4 ( (2) Abel and others. ( (3) Tanganyika Scheme – most puzzling to O.R. Original intention not to discuss the - 11 -
the scheme with O.R. Frene knew much more about it than was told to O.R. (iv) Trip to Ghana. (v) Vela’s repeated instructions to OR. Impression is being given that ANC is a cover organisation. Leaders repeatedly ignored ( TOUR IN GENERAL. ( Met the following leaders: ( ( Julius Nyerere, Kawaw, Haile Selasie, ( General Abboud, Bourguiba, Modibo Keita, ( Sekou Toure, Leophold Sengnor, Tubman, 5 ( Ben Bella and Krim, Obote. ( ( In all these countries we were Government guests and treated very lavishly. ( Personal letter from Lutuli thanking them. ( ( LONDON TRIP – GAITSKILL ETC. O.R.’S HEALTH.
POSITION OF THE P.A.C. IN AFRICA AND LONDON. ( (1) The P.A.C. has started off with tremendous advantages ideologically. And has skilfully exploited opposition to whites and partnership. 6 ( (2) Sharpville boosted them up and the stand of their leaders during the trial, imprisonment of Sobukwe, fostered the belief that they were more militant than the A.N.C. - 12 -
(3) In the Pafmecasa area the Nobel Peace Award to Chief Lutuli has created the impression that Lutuli has been bought by the West.
Simon Kapwepwe’s remark at Addis. (4) The P.A.C. has had at its disposal the “Voice of Africa” which is widely read in every part of Africa. (5) Lutuli’s book and some of his statements have been extremely unfortunate. and have created the impression of a man who is a stooge of whites.
The book was dictated to Hooper. Alan Paton’s statement that the Chief had shown (6) The Congress Alliance itself unfortunately does not allay this impression. On the contrary it perpetuates it.
Cooperation only on committee and not on mass level. (8) All these things have made it appear that the P.A.C. is the only hope for the African people. (9) It must be remembered that the mere allegation that you are a stooge is of itself so damaging that it must automatically discredit the A.N.C. The nature of the accusation we make against the P.A.C. makes them some sort of heroes. It does not discredit any African politician in Africa to be called a racialist or anti-white. - 13 -
(10) They have been doing a lot of travelling in Africa and putting their case and spreading anti-Congress propaganda. Our own chaps have been somewhat timid about attacking them. (11) There have also been adverse factors which have affected them. (i) For over 2 years they have not conducted any campaign and the A.N.C. has been in the news. (2) Strange as it might appear their opposition to the strike has damaged them a bit. (3) Splits and personal squabbles. (4) They were severely exposed at Addis. (5) The tour itself has done a great deal to cripple them.
But we have to do a lot of work indeed before we can say that we have nailed them. There is plenty of literature in their favour. There are many who say they may be naïve but their are the only organisation in South Africa that is in step with the rest of Africa.
POSITION OF GHANA (1) The trouble in Ghana is the Bureau of African affairs. has turned out to be something quite contrary to what it was meant to be. - 14 -
Barden is systematically destroying Ghana. (2) Treatment of A.N.C. delegation both during 1960 and now in 1962. (3) Cult of the individual (4) Hostility from the rest of the embassies. Algerian ambassador. Cuban Ambassador Resident Minister for Guinea (5) The position of the Union of African States. (6) Toure’s Position as against that of Nkrumah. (7) The absence of able men around Nkrumah. ( 7 ( VISIT TO THE EMBASSIES IN CAIRO. ( ( AFRICAN NATIONAL CONGRESS AND BECHUANALAND ( 8 ( TANGANYIKA SCHEME MUST BE SHELVED AT THE ( PRESENT MOMENT. ( ( UMKONTO WE SIZWE OR’s Struggle favourably
9 ( APPRECIATION OF THE WORK OF OUR ( DELEGATION
INVITATIONS FOR US TO OPEN OFFICES.
ANNOUNCEMENT IN LONDON ABOUT DAVID’S RETURN
LETTER OF THANKS BY LUTULI.
10 ( NO CAUSE FOR PERSIMISM ( MY MORALE IS HIGH”.
EXHIBIT R 14 – This is a three page document, also in the handwriting of MANDELA. It is headed “MALOONE??” - 15 - and reads as follows:
“Maloone ?? 1. POLICY OF U.A.R. Coordinating bodies must draw the attention of the U.A.R. to its subversive policies. 2. Rhodesian chaps are exaggerating their methods of work. 3. Our attitude to the N.C.C. must ) change – there must be limited ) must cooperation. ) comment I agree that the A.N.C. should stand on its own outside and its statement should be on African issues. There must be some modification of the way of cooperation inside
Xamela Report very important Role played by our people in Pafmeca shows that we can shape the Continent. Tactics can be adjusted We must bear in mind the sensitivity with other minority groups. At the same time we must consider our tactics. Tanganyika scheme was hasty M.T. must be abandoned Must establish an office in Bechuanaland. Madiba What we lack is initiative. We should change our attitude and exert ourselves. - 16 -
Our friends must understand that it is the ANC that is to pilot the struggle. Something bigger should be arranged in Tanganyika. GOWANINI We must communicate with other orgs to communicate with us directly. Our people outside must be told the truth about the association of our members with other organisation. Our way of presenting the situation depends on the level of political understanding. We must take the situation in Africa realistically. If the cause of the struggle in SA can only be put forward through the ANC then we must do so. I do not think it is any steps backward. We must explain to our collegue the step that we feel are appropriate. The policy is decide there is no question of deviation. (???) Positively agreed to establish a proper, In London ) regular and well printed bulletin in Dar es Salam in the name of the ANC
Bokwe We have spoken of Africa but it is a divided Africa. General feeling of dignity of Colonial people in general. Greatly appreciated even in Socialist Countries. In Socialist Countries the question is: what is the - 17 -
percentage of the African people in leadership There is a very strong anti-Arab feeling in certain African countries As soon as an organisation is left in charater then there are these accusations French speaking territories where leaders are married to French women. We are the prisoners of our own sins. We allowed ourselves to drift. I think cooperation has been carried to far. Relationship between the ANC and the working class movement. We must stop thinking that the other organisations do not exist. I think we should expand our offices as the other orgs. Zapu and Unip. But I Think we should already begin to make the necessary preporations in Bechuanaland.”
EXHIBIT R 47 – This is a letter written at Bamako and dated the 10th April 1962. It is addressed to “The Hon. Mr. MADEIRA KEITA, Minister of the Interior,” by MANDELA, thanking him for the support given and pledged by his Government and people to the AFRICAN NATIONAL CONGRESS of SOUTH AFRICA.
EXHIBIT R 48 – This is a letter written from Room 5, Grand Hotel, Bamako, dated April 1962, and addressed to “The Hon. Mr. MODIBO KEITA, President of the Republic of Mali”, by NELSON MANDELA. The letter concludes: - 18 -
“ … but we are fully confident that with the support of the democratic world generally, more particularly of the freedom loving people of the Republic of Mali, ultimately victory will be ours.”
EXHIBIT R 50 – This is an Ethiopian passport in the name of “DAVID MOTSOMAYI” which was found in the fourth room at Rivonia. The details of the visas correspond with the places visited by MANDELA according to his diary, exhibit R 17 and the supplement thereto, exhibit R16. A photograph of MANDELA appears in the passport.
EXHIBIT R 56 – This is a five page typed document under cover of a sixth page which reads as follows:
“This is a transcript to be transmitted over Radio Liberation to-night at 7.30 p.m. on the 60 metre band at 4 point 5 megacycles. The station will use the opening bars of ‘Nkosi Sikelele I’AFrika’ as its call signal.”
The opening of the transcript reads as follows: ”This is Radio Liberation, the voice of the oppressed. Radio Liberation calling from somewhere in South Africa. Calling the people of South Africa. Calling to the world. Today is June 26, Freedom Day. This is our first broadcast Radio Liberation will tell you the truth about the people’s struggle for South African freedom. The truth about the apartheid Republic. RADIO LIBERATION brings - 19 - you a STATEMENT by Mr. NELSON MANDELA, Secretary of the National Action Council. Mr. Mandela’s Freedom Day statement says:”
Further extracts read as follows: “We shall ask our millions of friends outside South Africa to intensify the boycott and isolation of the Government of this country, diplomatically, economically and in every other way”.
“A word about my personal position. I understand a warrant has been issued for my arrest and that the police are looking for me. After full and serious consideration, the National Action Council has decided that I should not surrender myself to arrest, but should continue with the work and struggle we have set our hand to, in order to bring about the downfall of this Government.
I shall continue as the spokesman of the National Action Council. In the tough struggle which lies ahead, I shall be with you all the way, until victory is won. Perhaps thus I will be pioneering a new type of life for those who fight in this country for liberation, and on whose head the government places a price. Liberation asks sacrifices of us all. All of us risk imprisonment, loss of livelihood and separation from our families. But the prize of liberation is worth such sacrifice. Let us all who value freedom face that prospect without fear. We are starting out to conquer our own - 20 -
freedom; we shall not be turned aside: That was the statement by Mr. Mandela, Secretary of the National Action Council, brought to you by Radio Liberation.”
EXHIBIT R 57 – This exhibit consists of two copies of a press release by NELSON MANDELA in his capacity as Honorary Secretary of the “All-in-African National Action Council”. It is dated the 20th May 1961 and concludes with these words:
“But increasing numbers of Africans may find it difficult and futile to continue talking peace and non-violence if this policy leads to harsher measures on the part of the Government to suppress the legitimate aspirations of our people. A convening of a National Convention of all the people of this country to work out a peaceful solution has become a matter of the utmost urgency and we urge all sections of the population and all organisations, political and otherwise, to make a demand for a National Convention their most principal and urgent task”.
EXHIBIT R 101 – This is a certificate of “Crossing the Equator” in the name of DAVID MOTSOMAYI which was also found in the fourth room at Rivonia.
EXHIBIT D – On page 1 of this exhibit appears a photograph of MANDELA.
WITNESSES: 1. EDITH KGOPANE – She worked for GOLDREICH from - 21 -
1960 when they stayed at Parktown. MANDELA and his wife spent Sundays at GOLDREICH’s house at Parktown. When the GOLDREICHS moved to Rivonia in December 1961, she found MANDELA living in the thatched roof room. He was known by the name of “DAVID”.
2. SOLOMON SEPENG – MANDELA lived in the thatched roof room. He saw him on occasions typing and writing. He also knew him as “DAVID”.
3. THOMAS MASHIFANE – MANDELA stayed in the thatched roof room. Saw him reading books. He left about the end of 1961 for about five months and then came back. Also knew him by the name of “DAVID”. Saw MANDELA together with GOLDREICH practising target shooting. (See exhibit R 16 under date 20th of March 1962).
4. V.P. JELLIMAN – Saw MANDELA at Rivonia and knew him as “DAVID”.
5. JOSEPH MASHIFANE – MANDELA stayed in the thatched roof room. Knew him as “DAVID”.
6. PHILIP MOKOLO – MANDELA stayed in the thatched roof room
The five Bantu witnesses mentioned above were all in the employ of GOLDREICH at Rivonia. The sixth witness, JELLIMAN, was caretaker of the Rivonia house from October 1961 to January 1962, having been engaged by MICHAEL HARMEL, who gave his name as JACOBSON. - 22 -
7. I.E. MAKDA – MANDELA visited HAROLD WOLPE at the office of KANTOR AND PARTNERS.
8. BRUNO MTOLO – At a meeting of the DURBAN REGIONAL COMMAND, during July/August 1962, MANDELA reported to his visit to several African States and that he had collected £30,000. He also spoke of the UMKONTO WE SIZWE, that it was the military wing of the AFRICAN NATIONAL CONGRESS and that the M.K. would not confine itself to sabotage, which was the first stage of its operations, but would also go over to guerrilla warfare which was the second stage. MANDELA explained that he was visiting them on the authority of the NATIONAL HIGH COMMAND to whom he would report back. MANDELA warned against the African States getting to know that they are Communists as those States were prepared to help them but not the Communists. He further advised them to learn the history of their own people as this would be useful when they go over to guerrilla warfare.
9. JOHN TSHINGANA – A taxi driver of Port Elizabeth. Some time about the middle of 1961 he called for MANDELA at a certain house in Port Elizabeth and conveyed him to the house of DR. PATHER, together with the accused MBEKI and MHLABA as well as MINI.
10. ZIZI NTJIKILANE – About April 1961 attended a meeting at Dr. PATHER’s house. MANDELA was present and spoke saying that he had come from Johannesburg and that the MANDELA PLAN was a creation of the NATIONAL EXECUTIVE and they should give it a trial period. - 23 -
11. W.A. VORSTER – A Detective-Sergeant who, on the 5th April 1962, stopped a car at Howick. The driver was CECIL WILLIAMS, a co-conspirator; his passenger was MANDELA who was dressed in a blue overcoat, cap and dark glasses, and looked like a chauffeur. MANDELA gave his name as “DAVID MOTSOMAYI”. (See exhibits R50 and R101).
12. C.J. DIRKER – Detective-Warrant-Officer in the Police. Knew MANDELA since 1952 as President of the AFRICAN NATIONAL CONGRESS TRANSVAAL and heard him speak at meetings of that organisation.
ACCUSED NO. 2 – WALTER SISULU.
EXHIBITS R60, R153, R197, R222, AP AND YY – Exhibit R60 is a three page typed document headed “Full text of Inaugural Broadcast made by Radio Liberation, the radio of the AFRICAN NATIONAL CONGRESS, on Wednesday, the 26th June 1963”.
Excerpts therefrom read as follows: “This is Radio Liberation” “This is the Radio of the AFRICAN NATIONAL CONGRESS” “This is the Radio of the AFRICAN NATIONAL CONGRESS calling you from underground” “Our radio talks to you for the first time to-day, June 26, but not for the last time. There will be more broadcasts”.
Further extracts from this exhibit read as follows: - 24 -
“The Government imposed a twenty-four-hour house arrest order on WALTER SISULU. We could not accept this. We are not afraid of gaol or even death in the struggle. Even in gaol the struggle goes on, but those in gaol are there as captives of the Government.”
“Our Congress decided that Walter Sisulu should leave his home: His house was being used by Vorster to imprison him. Today he continues to lead our organisation and the people. He leads from underground. Here from underground, is Walter Sisulu, to speak to you.”
“Many of our leaders of the African National Congress have gone underground. This is to keep the organisation in action, to preserve the leadership; to keep the freedom fight going”.
“The struggle must never waver. We of the African National Congress will lead with new methods of struggle. The African people know that their unity is vital. Only by united action can we overthrow this Government. We call on all our people to unite and struggle”.
“Throughout the ages men have sacrificed – they have given their lives for their ideals. And we are also determined to surrender our lives for our freedom. In the face of violence, men struggling for freedom have had to meet violence with violence. How can it be otherwise in South Africa? Changes must come, changes for the better, but not without sacrifice. Your sacrifice. My sacrifice.” - 25 -
Exhibit R 197 is a one page document entitled “Programme Comment” in the handwriting of MBEKI. It is, in part, a draft of the transcript, exhibit R 60.
Exhibit R 22 is a two page typed document being a draft of the broadcast transcript by WALTER SISULU.
Exhibit AP is the broadcast transcript by WALTER SISULU, identical to exhibit R 60. It was received through the post by Mr. FRANK SMITH, Assistant Editor of the South African Press Association.
Exhibit YY is a pamphlet entitled “The Voice of the People” which was distributed in the Eastern Province. The gist of the opening lines is identical to a portion of the broadcast by WALTER SISULU.
EXHIBIT R 170 – This is a one page document in the handwriting of SISULU, of which the opening lines read as follows:
“The illusion of Europeans that Non-Europeans will stand with their white oppressors in the event of a crisis caused by the clash between Africa and white supremacy is baseless and without foundation.”
EXHIBIT R 185 – This is a one page document in the handwriting of SISULU giving the break up of the population groups of South Africa. - 26 -
EXHIBIT R 232 – This is a document found in the possession of SISULU and entitled “Africa is pledged to Wipe out Apartheid”.
EXHIBIT T 15 – This is a letter from London dated the 19th April, 1963, written by Canon L. John Collins and addressed to “Dear Walter”. It reads:
“CHRISTIAN ACTION Dear Walter, It was a very great joy to receive your letter, “a shot out of the blue” as you quite rightly call it. I often think of you, particularly now while you have to languish in prison. I hope your appeal will succeed and we shall certainly be ready to foot any necessary bill this end.
I am indeed only too well aware of the terrible situation which grows worse and worse in your country. I have Solly Sachs working with me now on the Defence and Aid Fund and he keeps me well informed of everything that is happening, as far as we can discover this end.
On my behalf he is now managing the appeal for the Defence and Aid Fund and I am glad to say there is, once again, a growing response. We shall certainly do everything we can to go on helping until the liberation movement succeeds in its purpose.
Christian Action will, through its Defence and Aid Fund, do everything possible to raise financial assistance to cover the types of circumstances about which you write, particularly - 27 -
the cases which arise as a result of the so-called Sabotage Act. With very best wish, Yours L J C (L. John Collins)
Walter Sisulu Esq.,” (A copy of this letter was also sent, under cover of a letter dated the 25th April 1963, addressed to “Dear Booth”, by “M.T.B.” See exhibit T 14).
EXHIBIT T 75 – This exhibit is a document in the handwriting of WALTER SISULU. Extracts therefrom read as follows:
“Africa as a whole and millions of our people have now accepted the challenge (having been left no alternative but to prepare to meet such a situation with force). Since the Addis Ababa Conference the war atmosphere has been stepped up to consolidate the white laaga.”
“At the same time efforts are made to woo the – be on the side of white ...... The Europeans are forgetting that any civil war that breaks out is the full responsibility of them alone, (who are allowing Verwoerd’s Government to plunge this country into civil war must accept), it is foolish to blame the African leaders for this situation. Any self-respecting people - 28 -
would be left with no alternative but to prepare themselves – meet even armed aggression”.
EXHIBIT T 76 – This exhibit is a document in the handwriting of SISULU dealing with the Lobatsi Conference.
EXHIBIT D – On page 2 of this album appears a photo of SISULU as he was dressed when arrested on the 11th July 1963.
WITNESSES: 1. EDITH KGOPANE ) 2. SOLOMON SEPENG ) 3. PHILIP MOKOLO ) SISULU stayed in the 4. RASMUS MAKULU ) thatched roof room. 5. TWADI MAKENA ) 6. FRANK MOHOHLOANE )
7. THOMAS MASHIFANE – SISULU stayed in the thatched roof room, and was known by the name of ALLAH. On one occasion he left for some time but came back again.
8. JOSEPH MASHIFANE – SISULU stayed in the thatched roof room. Also saw him in the room which housed the roneo machine.
9. BRUNO MTOLO – Met SISULU for the first time on the occasion of his first visit to, and arrival at Rivonia, at the beginning of 1963. SISULU was introduced to him as ALLAH, and in the course - 29 -
of conversation SISULU enquired of him about a certain SOLOMON MBANJWA and also gave him a message for MBANJWA. It was SISULU who instructed him that by the end of July, 1963, the A.N.C. must organise 200 (two hundred) volunteers and by the end of October 1963, 2000 (Two thousand) volunteers from the rural area. SISULU further advised him that Natal was to be divided into 7 organisational divisions.
10. ABEL MTEMBU – After his return from Basutoland in January, 1963, MODISE took him to Rivonia where SLOVO confirmed what MODISE had previously told him, namely, that the “M.K.” had been formed to commit sabotage. He there met SISULU who, to his knowledge, was the General Secretary of the A.N.C. before its banning. SISULU was present all the time during his conversation with SLOVO. SISULU was known as ALLAH. Early in June 1963, after MBEKE had instructed him to bring BRUNO MTOLO to Rivonia, MTEMBU did so and there again found SISULU and other accused.
11. ESSOP SULIMAN – During 1962 he saw accused ANDREW MALANGENI in the office of SISULU at Macosa House in Johannesburg. To his knowledge SISULU was a leader of the A.N.C. SISULU mentioned that a conference of delegates of the A.N.C. was to be held at Lobatsi and that he required three Kombis to convey the delegates there. He duly provided this transport for which SISULU paid him R150-00. In June 1962 SISULU again approached him for three motor vehicles to convey soldiers to the border. SISULU told him - 30 -
to go to the Morabi Garage. In accordance with these instructions he provided two Kombis for the soldiers and one panel-van for their luggage. NOKWE, a co-conspirator, also engaged his motor vehicles for the conveyance of more recruits in November. This was arranged in SISULU’s office and SISULU paid for this November transport.
12. PIET COETZEE – In the winter of 1962 he took about 13 members of the A.N.C. to the Lobatsi Conference. He knew SISULU, whose office was at Macosa House in Johannesburg, and saw SISULU at the Lobatsi Conference.
13. ENGLISH TOLO MASHILOANE – Lived at S.K. Building in Orlando. He knew SISULU who, together with ELIAS MOTSOALEDI, came to his place where he was advised that the A.N.C. had been banned by the Government. They asked him whether they could hold meetings at his place. He agreed and they held meetings on four consecutive Fridays. At the beginning more than 60 (sixty) Bantu’s attended the meeting.
14. ISAAC RANI – A Bantu from Cape Town who had been recruited for training across the border. When he left Cape Town about the 13th of June 1962, one NGUDLE gave him certain instructions, as well as the name of HODGSON and SISULU whom he was to contact in Johannesburg.
15. I.E. MAKDA – SISULU visited WOLPE at the offices of JAMES KANTOR AND PARTNERS. - 31 -
16. F.W. WEIDEMAN – A warder stationed at the Fort, Johannesburg. On the 31st of January, 1962, SISULU, accompanied by NOKWE, arrived at the Fort in order to see BRIAN SOMANE and BENJAMIN RAMOTSI, both A.N.C. members whilst the latter had been injured in the course of an act of sabotage committed on the 16th December, 1961. (See item 19 in Annexure B).
17. FLORENCE NTOMBELA – After the banning of the A.N.C. in 1960, she saw SISULU at BHENGU’s house in Ladysmith, Natal, where, inter alia, he said that money should be raised by holding parties and that the young people must obey the instructions to destroy places like railway stations and Police Stations.
18. J.H.J KENNEDY – A Warrant Officer who saw SISULU when arrested on the 11th of July 1963, at Rivonia. His hair was dyed.
19. J.A. VAN HEERDEN – Lieutenant in the South African Police. On the day of SISULU’s arrest he saw him walking away from the rear of the thatched roof room at Rivonia.
20. C.P. KLEINGELD – A Sergeant in the Police. On the day of the raid he saw SISULU at the rear of the thatched roof room at Rivonia.
21. C.J. DIRKER – Warrant Officer in the Police. He knew SISULU since 1952 as a member of the A.N.C. at whose meetings SISULU frequently spoke. Nevertheless, when SISULU was Arrested at Rivonia - 32 -
on the 11th of July, 1963, he identified him with difficulty. He searched SISULU and found on him Exhibit 232, a document entitled “Africa pledged to wipe out Apartheid”. He played back the tape recording, Exhibit R153, and recognised the voice of SISULU.
22. W.P. VAN WYK – Lieutenant in the Police and investigating officer. Saw SISULU at Rivonia on the date of his arrest and recognised him with difficulty.
ACCUSED NO. 3 – DENNIS GOLDBERG.
EXHIBITS 149 (A.G.) and 152 – Exhibit 149 is an original cash sale invoice dated the 11th July, 1963, issued by the Ace Auto Electricians (Pty.) Limited, in favour of D. WILLIAMS, 11 Park Lane, Parktown, Johannesburg, in respect of the fitting of a new engine to a Volkswagen Kombi, T.J. 142-838.
Exhibit A.G. is a carbon copy of the original R149.
Exhibit 152 is a note-book in the hand-writing of GOLDBERG. It contains a number of addresses of electrical and engineering firms, as well as firms dealing in furniture and motor vehicles. It contains the addresses of firms dealing with the manufacture and supply of blowers, castings, cupola and furnaces.
EXHIBIT T3, T4 AND FF – Exhibit T3 is a letter dated the 20th of June, 1963, addressed by - 33 -
F.W. Mackenzie Ltd. Timber merchants of Johannesburg, to Mr. D. WILLIAMS, 85 Houghton Drive, Lower Houghton, Johannesburg. It reads:
“With regard to your enquiry for shooks, the writer would be pleased if you would contact him by telephone, as a few more particulars are required”.
Exhibit T4 is a letter dated the 27th of June, 1963, between the same parties, except that the address of D. WILLIAMS is now given as P.O. Box 46, Saxonwold, Johannesburg, reading:
“Kindly contact the writer by telephone on receipt of this letter. A sample box has now been made and the writer would like you to see it”.
Exhibit FF is a letter dated the 22nd of July, 1963, between the same parties, and the address of D. WILLIAMS is again given as P.O. Box 46, Saxonwold, Johannesburg. The letter, under the heading of “BOXWOOD SHOOKS”, reads as follows:
“With reference to your enquiry for the above we have pleasure in quoting you as follows: 96,000 pieces 16” x 9” x 3 1/8” 48,000 pieces 16” x 9” x ¼“ 96,000 pieces 8¼” x 5¼” x ½“ 96,000 pieces 16” x 5¼” x ¼“ 96,000 pieces 2” x 1” x ½“, - 34 -
The price for the above-named quantity of shooks is R6,042-91 nett at factory in Germiston, which holds goods for 14 days from to-day.
As this order is quite a large one and involves the preparation and conversion of a large volume of timber, we must have a firm order, and we suggest that the order be divided into 3 equal monthly deliveries.
The terms will be “cash with order” for each month’s supply, otherwise, we would be prepared to accept bank guarantees.
It is understood that the box is to be closed all around and that the shooks need not be planed, but we would like to record that the mill may wish to plane one side.
As stated above, delivery is to be spread over 3 months, but we would request you to please advise acceptance or otherwise at least 60 days before delivery of the first month’s supply, as suitable stocks of timber have to be providec.
We trust that our offer will be of interest to you and we look forward to hearing from you”.
EXHIBITS T12 AND T13: Exhibit T12 is a letter dated the 14th of June, 1963, addressed by Fred. C. Smollan (Box and Board Sales) (Pty.) Ltd. - 35 -
Manufacturers Representatives and Distributors, to MR. D. WILLIAMS, c/o 85 Houghton Drive, Johannesburg. The letter reads:
“Further to your enquiry for box shooks for the sizes and quantities give, our principals have come back with the request of how you will want delivery effected.
Would this be one delivery of the complete quantity, would it be a monthly delivery, or over what period would the delivery be required?
As soon as we receive the above information our principals will be happy to quote for same.”
This letter, which was found at Travallyn, bears a subscription in hand-writing, reading as follows:
“Commence 6-8 weeks. Complete in 2 months (4 deliveries depending on tonnage). 14 days apart)”.
EXHIBIT T 13 is a letter dated the 20th of June, 1963, between the same parties and reads as follows:
“YOUR BOX SHOOK REQUIREMENTS We regret to advise that we have to-day received a reply from our principals stating that they are fully booked and regret that they cannot quote for your enquiry”. - 36 -
EXHIBITS T5, T6, T7, T8, T9, T10 and GG – Exhibit T5 is a sketch of a receiver for sand used for core making in the manufacture of castings.
T6 is a sketch of a furnace showing the components with full specifications.
T7 and M 26 – T7 is a detailed drawing of a cupola. M26 is a double page of the “STAR” dated the 31st of May, 1963, bearing a sketch, found under the mattress of a bed at Mountain View. On the inside of the double page is a sketch, (which according to Lieutenant Swanepoel, GOLDBERG admitted was one of a furnace drawn by him).
T8 is a 6 page document of sketches and specifications. The first page deals with the quantities of bricks, sand and cement required for the erection of a cupola; and the second page deals with the drawing of a mould, the third page is a drawing with specification of a forge type of blower for air – a sort of fan, the fourth page is another drawing, with specification, of a mould, the fifth page carries sketches of an outer mould pattern and the core pattern, whilst the last page has a further sketch similar to the one shown on page 5.
T9 (R43) is a typed document headed “CUPOLA DESIGN REQUIREMENTS”. This has been dealt with above (See PART I page 60)
T10 (R42) is another typed document headed - 37 -
“The Method of Operation of the Cupola”. This too has been dealt with above (See PART I, page 60).
EXHIBIT GG – This exhibit is a sketch of a casting, drawn by the witness MILBURN on the specifications as given by GOLDBERG using the name of D. WILLIAMS.
EXHIBIT T 36 – This is a two page document entitled “Work Shed” showing sketches with detailed specifications for the construction thereof, as well as for the construction and provision of work benches.
EXHIBIT T 37 – This is a document giving estimates of monies required under the following headings:
Deposit on property (at Travallyn) Furniture and kitchen-ware Truck Lighting Plant Tools Forge Shed Poultry set-up.
It also makes provision for the payment of salaries including the payment of personal living costs and payment of “Equipment for Zonal Units”, as well as “Living Costs for Zonal Personnel”.
EXHIBIT T 67 and NNN – T 67 is an envelope containing a number of documents found at Travallyn. - 38 -
Of these documents one is an original receipt dated 30th June, 1963, acknowledging the receipt, from Mr. D. WILLIAMS, of the sum of R13-50 for the hire of a room at 11 Park Lane, Park Tower, from Mrs. Kitzler.
Exhibit NNN is the duplicate of the original, retained by, and eventually handed in by, Mrs. Kitzler. The second document is an interim Protection Note of the Fire Department of the SEA INSURANCE COMPANY LIMITED, dated 3rd July, 1963, and covering the insured in respect of the private dwelling-house at Travallyn. The third document, handwritten, gives details in respect of furniture and effects and a variety of other articles with amounts alongside each. On the reverse side there is a summary of various amounts against the letters “F.J.” and “P”.
EXHIBIT M 28 – This exhibit consists of five receipts given by the Kreels in favour of Mr. BRONKHORST, being in respect of rent for the hire of the cottage at Mountain View, for the months April to August 1963.
EXHIBIT D – This is an album showing on page 3 two photos of GOLDBERG. The top one as he normally appeared, the bottom one wearing a beard and moustache as identified by some of the State witnesses.
EXHIBIT ZZ – Is a Deed of Sale entered into between - 39 - the owner of Travallyn and the purchaser, given as C. BARNARD, c/o Box 226, Randburg. It is signed first by the purchaser on the 14th of June, 1963, and then by the seller on the 24th of June, 1963. It provides for the purchase price of R8500-00, of which R500-00 is to be paid on the signing of this document, and the balance at a rate of R56-00 per month, payable on the 15th of each and every succeeding month, commencing the 15th of July, 1963.
EXHIBIT AAA – This is a receipt, found at Travallyn, and dated the 19th of June, 1963, reflecting the receipt from CHARLES BARNARD of the sum of R500-00 by way of deposit of the Travallyn property.
EXHIBIT AQ – This is an application for a private Post Office Box, addressed to the Post Master of Saxonwold and signed by D. WILLIAMS of 26 Ashford Road, Park View, and it is dated 20th of June, 1963.
EXHIBIT BN – This is a piece of white paper bearing the address “Suffolk Street, Claremont”, together with a sketch and certain directions, (this piece of paper was retrieved from the top pocket of LOOKSMART NGUDLE by Detective van Wyk of Cape Town, who testified that he saw GOLDBERG hand a piece of white paper to LOOKSMART, who then put it in his top pocket).
WITNESSES: 1. B.A. KANTEY – GOLDBERG was employed as an - 40 -
engineer in the firm of KANTEY & TEMPLER, Consulting Civil Engineers at Cape Town, since Ma5 ch 1961. Early in May, on the 10th of May, 1963, GOLDBERG did not report for duty. Never saw him again until he gave evidence in Court.
2. CYRIL DAVIDS – On the 26th of December, 1962, left with others to attend a camp at MAMRE, the purpose of which was to teach young guerrillas. The camp was run on military lines under the charge and supervision of GOLDBERG, who was known as the “Comrade Commandant”. They were divided into various groups, each with its own Sergeant, who was to be addressed as “Comrade Sergeant”. A series of lectures was given at this camp during its duration. He himself lectured on the field telephone for use in case of a revolution, as well as on self-defence. GOLDBERG lectured on First Aid while others gave lectures on the petrol engine, the roneo machine and Judo exercises. In the course of these lectures use was made of charts, the human body, specimen petrol engine and charts, field telephones and roneo machine. Around a camp fire freedom songs were sung, news over the broadcast had to be listened into and notes made, followed by discussion. There was also a reading from a text book on Guerilla Warfare – (See Exhibit R 6). LOOKSMART NGUDLE, a co-conspirator, acted as interpreter. GOLDBERG wore a pair of shoes similar to Exhibit 8 (which was found at Travallyn). When the Police - 41 -
arrived on the scene GOLDBERG told the “campers” not to discuss the camp but merely to give their names and to say that it was a camp for health and spiritual purposes. The camping involved them in no expense whatsoever except R1-00 for transport.
3. CASWELL MBOXELE – On the 26th of December, 1962, acting on an invitation to attend a picnic, he boarded a lorry on the instruction of LOOKSMART NGUDLE who introduced him to GOLDBERG as “COMRADE DENNIS GOLDBERG”. Up to the time that GOLDBERG himself arrived at the camp LOOKSMART gave orders, which he also did whenever GOLDBERG was absent from the camp. GOLDBERG said that he was the “COMRADE COMMANDANT”, that this was a camp of the Congress, and that the purpose of this, and other camps, was to enable them to help themselves when the occasion came to fight the White people. They were to be taught First Aid, Judo, Petrol Engine, use of telephones, the manufacture of bottle bombs, the use of the typewriter and also the roneo machine. They had to listen in to the news broadcast, make notes and thereafter there followed a discussion; around the camp fire they sang various songs. On the following day lectures in these subjects were given and after supper LOOKSMART said that TSHOMBE had sold his people in Katanga, and further that should they be apprehended by the Police they were not to give any information, in fact not to talk at all and that they should rather kill themselves. He impressed upon them that they were not to talk without having first seen their lawyer. GOLDBERG - 42 - confirmed what LOOKSMART had said about Tshombe. There was readings from a book on Guerilla Warfare by Castro. It was pointed out that Guerilla warfare in this country would be difficult because, unlike in Cuba, the bush here was not thick enough. Again similar songs were sung around the camp fire that night. On the 28th the activities of the “campers” followed the same pattern as before. Around the camp fire one MANINGI spoke about Lemumba and enjoined his listeners that they were not to commit treason against their Comrades. This GOLDBERG confirmed. On the 29th of December, 1962, further lectures were held. GOLDBERG introduced a new arrival, COMRADE SACHS, who lectured on Political Economy including exports and imports. Soon thereafter the Police arrived. GOLDBERG and SACHS spoke to them. Thereafter GOLDBERG said that they could stay until the following Monday but that they were to burn their notes and their books. The roneo machine was put into SACH’s car. GOLDBERG accompanied the Police but returned later and told them that they were not to talk to the Police without having first seen their lawyer. He further told them to say that LOOKSMART NGUDLE had invited them to attend a picnic. On the 30th of December, 1962, they left in the same lorry that had brought them there. GOLDBERG added that they might have another picnic, and in fact in January 1963, he received an invitation to such a picnic by one TEDDINGTON, and in 1963 by LOOKSMART NGUDLE. He declined both invitations. This camp involved - 43 -
him and others in no expense whatsoever except for a charge of R1-00.
4. P.J.M. LOUW - Superintendent of Coloured affairs at Mamre. As a result of information received he went to the camp at Mamre which was not visible from the road. Among other things he found 5 tents, petrol engine and parts, telephone, Morse Code batteries, blackboard and easel and various charts. In the car of SACHS he found a roneo machine. He also saw a type recorder and a “Red China” record. When he questioned GOLDBERG he would not give his name at first and later GOLDBERG said that he was not prepared to answer questions and told him to speak to SACHS.
5. D. VAN ZYL – A former Sergeant in the South African Police, stationed at Rondebosch. At about 9 o’clock in the evening of the 4th of December, 1962, he saw the accused GOLDBERG near a road in Rondebosch in suspicious circumstances. There was a Native with him named LOOKSMART. GOLDBERG, when approached by him, answered “I can’t afford to say anything” (on the previous night, the 3rd of December, 1962, a telephone booth had been blown up nearby – see Item 116 in Annexure B).
6. J.P.F. VAN WYK – A Detective-Sergeant at Cape Town. About 9 o’clock on the 5th of December, 1962, he saw GOLDBERG driving a car in the vicinity of the Mowbray Railway Station. Nearby was LOOKSMART on a scooter. GOLDBERG conversed with - 44 -
LOOKSMART and gave him something white which LOOKSMART put in his top jacket pocket. LOOKSMART was searched and in his pocket was found a piece of white paper – Exhibit BN – which, according to the directions appearing on this paper, indicated to the witness the marking of the railway signals in the vicinity of Kenilworth Station. He used to see GOLDBERG at meetings of the CONGRESS ALLIANCE.
7. N. WEINBERG – She knew GOLDBERG from Cape Town In June 1963 he visited her at her address at 85 Houghton Drive, Johannesburg, and asked her permission, which she gave, to use that address for postal purposes. Letters duly arrived addressed to one WILLIAMS. GOLDBERG collected these letters.
8. J.P. SIEBRITZ – A postal official employed at the Saxonwold Post Office. On the 20th of June, 1963, an application to hire a Post Box was handed in signed by one D. WILLIAMS of 26 Ashford Road, Park View (See Exhibit AQ). In due course of time Post Office Box 46 was allocated to D. WILLIAMS.
9. D.G. WILLIAMS – Shown in the telephone directory as “D. Williams”, 26 Ashford Road, Park View, where he lived for the last 9 years. No other Williams lived there and he never applied for, nor was granted, Post Office Box 46 Saxonwold.
10. E. KITZLER – On the 30th of June, 1963, she let a room at 11 Park Lane, Park Town, to one - 45 -
D. WILLIAMS for the month of July 1963. She gave him a receipt, a duplicate copy of which she handed in as Exhibit NNN (See T 67, the original receipt which was found at Travallyn).
11. D. TODD – Some time prior to the 20th of June 1963, GOLDBERG, wearing a hat, glasses and a beard, approached him in the name of D. WILLLIAMS and enquired about some box wood shooks. He did not disclose for what purpose he needed them. Wrote to him on the 20th of June, 1963 (Exhibit T 3) and again on the 27th of June, 1963 (Exhibit T 4), advising him that a sample of the box had been completed. On the 22nd of July, 1963, he again wrote to him (Exhibit FF), c/o P.O. Box 46, Saxonwold, giving GOLDBERG a quotation. This letter was intercepted by the Police. From the quantities of wood specified in GOLDBERG’s enquiry 48,000 completed boxes could be made, as well as an additional 48,000 tops. The box he had in mind is similar to the box produced in Court, Exhibit 11. (The figure of 48,000 wooden boxes, of the dimensions given in GOLDBERG’s enquiry, tallies with the quantity and dimensions given in Exhibits T 11 and R 45 headed “Production Requirements” under sub-heading (iv) “Anti-Personnel Mines”).
12. L. SMOLLAN – On the 12th of June, 1963, GOLDBERG, who introduced himself as D. WILLIAMS of 85 Houghton Drive, Johannesburg, enquired about box shooks, the quantities for which he gave, for - 46 -
a company to be formed, although the site had not yet been selected. The order, which he regarded as a large one, was urgent. From the quantities which GOLDBERG gave him 48,000 boxes could be made, with 48,000 lids to spare. In addition there were 96,000 batons but he did not know what they were required for. (For a comparison with the quantities and dimensions given in Exhibit T11 and R45, see above at page 45). On the 14th and the 20th June, 1963, he wrote to WILLIAMS at the above-mentioned address – see Exhibits T12 and T13.
13. F.C. MILBURN – Joint Managing Director of the Phoenix Foundry. Some time prior to the 6th of July, 1963, one WILLIAMS came in and asked for a quotation for certain castings of which he produced a sketch. He (MILBURN) drew his own sketch – Exhibit GG – and made up a sample of the product which he produced in Court, Exhibit 12. WILLIAMS said that he wanted a couple of hundred thousand of these castings, but would not disclose the purpose for which they were to be used beyond the fact that he was seeking to effect a certain patent. He gave WILLIAMS a quotation. The latter wanted another quotation, whereupon the witness referred WILLIAMS to another firm of J. Barwell. The witness was shown the following 5 exhibits, namely, T5, T6, T8, T9 and T 10 which he identified as detailed above at pages 36-37. The witness added that the construction of the cupola, as set - 47 -
out in Exhibit T9 (R 43), conformed to standard practice and that the method of operation of a cupola, as set out in Exhibit T10 (R 42), also conformed to standard practice.
14. J. LANKENAU – A Sales Manager for J. Barwell. GOLDBERG, who introduced himself as WILLIAMS, enquired of him about some castings made of cast iron which he required for a colleague. He would not, however, give the name of the colleague. GOLDBERG added that he wanted 210,000 of these castings but would not disclose for what purpose. He asked GOLDBERG where he could contact him in order to give him a quotation, to which GOLDBERG replied that he travelled and that he would contact the witness. The witness, however, never heard from GOLDBERG again. From the specifications given by GOLDBERG he made a specimen of this casting which he produced, Exhibit 13. The quantity of 210,000 castings conform to the quantity specified in T 11, as well as R45, under the heading of “Production Requirements” and under the further sub-heading (v) entitled “Grenades”. The core-blowing machine, as specified in T5 could be used to make a core for a casting such as Exhibit 13.
15. L. RUFF – A Technical Manager employed by AERFLO (PTY.) LTD. During May to June 1963, one WILLIAMS, whom he identifies as GOLDBERG from the bottom photograph No. 3 in Exhibit D, enquired - 48 -
for a high-pressure fan or blower for use in respect of a forge or furnace. He gave a specification therefor and said that he was planning the formation of a company. The sketch shown on Exhibit T6 could be fitted to the kind of blower required by GOLDBERG.
16. C. CAMPBELL – Manager of KOPPEL ENGINEERING. Some time in April 1963, or possibly some weeks thereafter, one WILLIAMS, who he felt is the accused GOLDBERG, came and enquired about a Titan core-blower valued at about R300-00.
17. F.J. MARAVEC – Manager of the firm BOSWORTH STEEL STRUCTURES (PTY.) LTD. About June 1963 one WILLIAMS, who he thinks is GOLDBERG as shown in the bottom photo on page 3 of Exhibit D, came and enquired about a cupola. He took him to his assistant, Mrs. Levanos, for a copy of a drawing of a cupola.
18. A. LEVANOS – She made a copy of an office drawing of a cupola and gave it – Exhibit T 7 – to the person that MARAVEC had brought to her. This person said that he intended to start his own foundry. She was also of the opinion that this person was the one shown in the bottom photograph on page 3 of Exhibit D.
19. H. HODES – About April or possibly June 1963, GOLDBERG, who introduced himself as WILLIAMS, enquired about some cast iron. He was not prepared - 49 -
to supply him with cast iron as he had his own regular customers. About the 9th of July, 1963, he supplied a Volkswagen Kombi engine to KATZ of Auto Electricians for the purpose of having it fitted into the Volkswagen Kombi T.J. 142-838, as shown in photo 33 of Exhibit B. (See too Exhibit R 149 and Exhibit AG, the invoice in respect of such engine).
20. H.J. KATZ – ACE AUTO ELECTRICIANS. Some few days before the 11th of July, 1963, one WILLIAMS brought a Volkswagen Kombi in order to have the engine replaced. He did so and WILLIAMS took delivery thereof on the 11th of July, 1963, and paid an amount of R176-35 in cash for the work done. The Kombi shown in Exhibit B, photo No. 33, is the vehicle in question.
21. M.B. SPIES – COMMERCIAL MOTORS. In June, 1963, he sold the Volkswagen Kombi shown in photo No. 33 in Exhibit B to GOLDBERG, who had given the name of WILLIAMS, for an amount of R790-00 which GOLDBERG paid in cash (notes). At the time GOLDBERG was driving an Austin van shown in Exhibit UU.
22. T. PALOS – An official in the Municipality dealing with the registration of motor vehicles. He testified that T.J. 142-838, a Volkswagen Kombi was on the 3rd of July, 1963, registered in the name of D. WILLIAMS, 11 Park Lane, Park Town, JOHANNESBURG. This witness further testified that - 50 -
T.J. 116-355 was an Austin van registered in the name of NAVIAN (PTY.) LTD. on the 27th of September, 1961. The papers were signed by N.J. JACOBSON on behalf of the Company. VIVIAN EZRA was a Director of the Company.
23. F.W. VERINGA – SLEEPY HOLLOW SERVICE STATION at Rivonia. GOLDREICH was the owner of the light delivery Austin van Exhibit UU. He effected certain repairs to it and tendered an invoice, Exhibit T69, in the amount of R128-90 of which GOLDREICH paid R60-00 in cash. The balance was still owing. He also saw a person with a beard, other than GOLDREICH, drive this van.
24. M. BATCHELDER – Towards the end of August 1963 she saw an Austin van, T.J. 116-355, parked in Northfield Avenue, Glen Hazel, in circumstances which caused her to report the matter to the Police on the 10th of September, 1963. A Police guard was immediately placed at this van which was removed by the police the next day. The place where the van was parked was about 4 miles from Mountain View.
25. H. SLEIGH – Towards the end of May 1963, following a telephone call received, he met GOLDBERG who was not wearing either glasses or a beard and who introduced himself as CHARLES BARNARD. GOLDBERG said that he wanted a small-holding in order to establish a poultry farm. They met again - 51 -
on the 14th of June, 1963, and finalised the sale of Travallyn in accordance with Exhibit ZZ which has been dealt with above at pages 38-39. He advised GOLDBERG that he was certain that the seller would accept a lesser figure than the amount of R8,500-00. GOLDBERG replied that he was not interested in purchasing the place at a cheaper figure, and he paid the initial deposit of R500-00 in cash, made up of R20-00 notes (see Exhibit AAA). He saw GOLDBERG a little later when he noticed that he was wearing glasses and growing a beard. He asked GOLDBERG for his address but he was unable to supply one. He went to Travallyn and found that a Bantu male, ANDRIES, who had been employed there by the previous owner, had left. GOLDBERG said that he preferred to use his own labour.
26. ANDRIES – The Bantu male referred to above identified GOLDBERG according to the lower photograph on page 3 of Exhibit D. GOLDBERG moved into Travallyn saying that the place now belonged to him and that he, ANDRIES, could go. Before he left on the 3rd of July, 1963 he saw GOLDBERG arrive in a van, bringing to Travallyn beds, ward-robes, tables, chairs and curtains.
27. G. FINLAY – He acted for his daughter who was the previous owner of Travallyn. GOLDBERG was given formal occupation at Travallyn as from the 1st of July, 1963. He went there some time after the 4th of July, 1963, where he met GOLDBERG who introduced himself as BARNARD. GOLDBERG said - 52 -
that he was bringing his own labour on to the premises. He there saw an Austin van (Exhibit UU) which GOLDBERG said belonged to a neighbour. The first instalment on the premises, which was due on the 15th of July, 1963, was not paid and so he went out to Travallyn and in fact made several calls there but found nobody and saw no activity there. On the 6th of August, 1963, he went there again. He gained access to the house through a window and saw an open fridge, as well as pots and pans. He also saw some “Political papers” in a desk, whereupon he immediately reported the matter to the Police and accompanied them back to the premises.
28. L. THUCHMAN – A man named WILLIAMS came to this Auction Mart in order to buy some furniture which he said he wanted as he was opening a rondawel on the Pretoria Road. This man came in a panel van and removed the articles of furniture he had bought on two separate dates, the 28th of June, 1963, and the 23rd of July, 1963.
29. R. LOWERY – Worked for an electrical firm and on the 2nd of July, 1963, a man with a slight beard, who gave his name as D. WILLIAMS, 11 Park Lane, Johannesburg, bought four light box units for the sum of R12-00. These light box units are used for drawing purposes.
30. G. ERASMUS – Detective Warrant Officer. He took finger-prints of GOLDBERG, Exhibit EEE. - 53 -
31. J. VAN RENSBURG – Finger-print expert who found the finger-prints of GOLDBERG on a plate at Travallyn (see Exhibits CCC and DDD).
32. E. SEBONE – A Bantu female employed by the KRIELS who owned the premises at No. 10 Terrace Road, Mountain View. GOLDBERG, who she knew as D. WILLIAMS, moved into the cottage. She saw him in a small light-coloured motor van.
33. E. HLONGWAGE – Another Bantu female who worked for the Kriels. Some time in May, 1963, GOLDBERG, under the name of D. WILLIAMS, moved into the cottage, the key of which he left in the kitchen of the house when he went away from the premises. She last saw him in July 1963. After GOLDBERG left he brought into the cottage a woman and two men of whom she identified one, accused KATHRADA, according to photo No. 5 in Exhibit D.
34. T. SWANEPOEL – A Lieutenant in the Police who, on information received from BOB ALEXANDER HEPPLE, a co-conspirator, went to the cottage at Mountain View in the afternoon of the 5th of September, 1963. Near the cottage he found some papers which, on examination, he determined was Communistic literature. On other portions of the paper he saw the letters “A.N.C.” In the cottage, amongst other articles, he found a double page “ATAR” of the 31st of May, 1963, under a mattress, Exhibit M26 (see also Exhibit T7). GOLDBERG - 54 -
said that a sketch of a furnace, drawn on the newspaper, was in fact drawn by him.
35. E. KGOPANE – GOLDBERG visited Rivonia.
36. S. SEPING – GOLDBERG visited Rivonia, arriving there in a Volkswagen Kombi vehicle.
37. T. MASHIANE – GOLDBERG arrived at Rivonia in a Volkswagen Kombi and visited the occupants of the thatched roof room. He also drove the Austin van.
38. J. MASHIFANE ) ) GOLDBERG visited the occupants 39. P. MAKOLO - ) in the thatched roof room.
40. R. MAKULA – GOLDBERG drove a Volkswagen Kombi van and visited the residents at Rivonia. On an occasion he removed some furniture by van.
41. F. MOHOHLOANE – GOLDBERG visited the occupants in the thatched roof room. He drove Volkswagen Kombi and also an “N.D.” motor car.
42. C.J. DIRKER – On the afternoon of the Police raid at Rivonia he saw GOLDBERG in the sitting-room of the main building. Parked outside he saw the Volkswagen Kombi T.J. 142-838, the keys to which he found in the dining-room. He also found at Rivonia a set of 3 keys, R 26, which fitted the doors of the cottage at Mountain View. - 55 -
43. J.H.J. KENNEDY – Detective Warrant Officer in the Police. The letter, Exhibit FF, addressed to Mr. D Williams, P.O. Box 46, Saxonwold, he intercepted at the Post Office.
ACCUSED NO. 4 – GOVAN MBEKI.
EXHIBIT R 52 – This is a document found in the possession of accused MBEKI. It reads as follows: “OOM. D (1) Has Y.C. sent the amount for E.C.? If not recall it. (2) Deposit this month’s (June) for transfer to M.B. (3) Chink with Mrs. Percy? (4) List of functionaries and amounts?”
EXHIBIT R 53 – This is another document found in the possession of MBEKI and reads as follows:
“R D VAN. Specialists * (1) R15 - Curtains (2) R100 - Bearing knock. * Incorrect to say Liberatory movement given itself to military methods. (a) Cross Border of Protectorate (b) - 56 -
1. * Liberatory movement not ignored 2. * Govt. not resorting to arms out of strength is not a happy choice. Compelled by nature of struggle. 3. * Negotiated settlement – not before people have shown their strength. Cite: Pretorius. 4. * Strategy: (1) Cross Border of Protectorate unrealistic. (2) Call on Protectorate to rise. (3) South West Africa – Yes. 5. * P.A.C. – A.N.C. Unity: (1) Have attempted meetings – C.T. attempt. (2) High Command ?”
EXHIBIT R 197 – This is a one page document entitled “Program comment” in the handwriting of MBEKI. It is, in part, a draft of the transcript Exhibit R60.
EXHIBIT T 31 – This exhibit, comprising three restriction orders served by the Police on MBEKI, was found at Travallyn.
EXHIBIT T 35 – This is a 3 page document in the handwriting of MBEKI and it reads as follows:
“1. Conference: (a) Attended as observers. (b) Three Schools of thought at conference; - 57 -
(i) Ghana – Political Union. (ii) Practical e.g. Customs, Communication etc. (iii) Ben Bella – revolutionary approach. All views blended in final charter. (c) (i) Assembly of Heads of State once yearly. (ii) Council of Ministers. (iii) Establishment of Council in Dar to co-ordinate and channel aid to struggling liberatory movements. (d) Opens avenue for use of Tanganyika to establish a camp. (e) Nationalist Organisations: Oginga read joint memo on behalf of Nationalist organisations.
2. External Mission Reports: (1) Algeria: (a) Training slow because of Language problems. (b) 67 in Algeria - (c) Promised £100,100 – was given £28,000. Got permit to send £14,000 which he did to London * with instructions to send £10,000 home and £4,000 to Dar. - 58 -
(d) June 26 – wants cultural show. This discouraged.
(2) Fund Raising Mission: Mos, OR and D. Felt too many missions, some of which seemed to have exceeded their mission. This more particularly so in Ch. (ii) In C S-R were awarded £110,000 * of this £15,00 to Lesotho and £80,000 with one of Embassies. Balance still to be forwarded. (iii) Mikbey supplies – any amount. (iv) In Chec submitted request for other supplies e.g. trucks etc.
(3) Cairo: (a) Trainees getting on well (b) want up to 50 in order to make training real. (b) Eric giving a problem – what? (c) Need for political Comissars (d) Emphasis on selection based on physical condition. (e) Sino-Indian relations frustrating.
(4) Dar : Xola: (a) Had taken steps to secure * an office on strength of recommendation by Ray and Joe. * (b) Tom’s arrival – a doubt. - 59 -
(5) London: (a) Better word now. (b) New plot to collect for P.A.C. e.g. Scot, Colin Legum. (c) Countered by saying all monies collected shall be for Def. and Aid. * (d) PAFMECSA – 10th July. (e) UNO Arrangements made by committee in absence of Head. (f) Felt Z.K. and Joe should be excluded to save them being declared prohibited immigrants in S.A.
(6) On trustee and Custodians: Suggestions: (a)
(7) Unity Talks Proposals: Feeling abroad that we should rather win people and more particularly the Youth”.
EXHIBIT T 54 – This is a 2 page document in the handwriting of MBEKI and it reads as follows: “1. C.T. £50 = £300 2. P.E. 150 = 900 ) Pay Alfred £17 ) Pay Valy ) Pay R.A. Propogande ) Pay Travelling 3. DURBAN 100 = 600 ) (1) Full time ) (2) Prop for ) Ru: Area ) (3) Travelling. - 60 -
4. SECRETARIAT 50 = 300 £2100 3000 - Propoganda 5100
CHINA DAN PAKAMILE 150 QUMBU 450 INGLETON 300 150 400 1450 150 25 117 45 72 17 - 10 54 - 10 2100 1. Correspondence (a) Xola & related negotiations (b) London (c) Ours to Chief & his to London. 2. June 26: (a) Script (b) Any reports on June 26 from Regions 3. GENERAL CAR
1. DURBAN 2. XOLA ) (a) Acknow his ) (b) Refer money ) (c) Scholarships - 61 -
3. LONDON ) (a) Ackn. Chief’s letters ) (b) Report on Mission to Fr. & results. ) (c) Syllabus and lectures. ) (d) M.K. ) (e) Have also written A.R. ) (f) Addis Report. ) (g) Aliens Control Bill ) (h) Land Rover for Bech. ) (j) Negotiations between Re political groups. (k) S 4. C.T. 5. JACK 6. NNLC 7. WELKOM – Lengisi & Magana of WTA 8. DURBAN – M.K. (a) Send men (b) Money coming”.
EXHIBIT T 64 – This exhibit comprises two letters dated the 6th of June, 1963, addressed on behalf of WALTER SISULU, Secretary-General of the AFRICAN NATIONAL CONGRESS (South Africa) to: (1) “The Secretary, African National Congress (Northern Rhodesia) Lusaka, Northern Rhodesia”. (2) “The Secretary, The United National Independence Party, Lusaka, Northern Rhodesia.” The two letters, in identical terms, read as follows:
“Dear Friends, I am directed by the National Executive - 62 -
committee of the African National Congress (South Africa) to write and thank you for the splendid work of your organisation in rescuing our men from the jaws of the dying Federation monster.
Within days of the arrest and detention of the men we received a report from one of them, together with a copy of the Joint Press Statement issued by the African National Congress (Northern Rhodesia) and the United National Independence Party. We have also been following with profound appreciation and gratitude the campaign your organisation mounted as well as the legal struggle you initiated to ensure their release.
Your assistance to us in this matter is a concrete expression of the determination of the peoples of Africa to rid themselves of colonial and white minority rule.
Please convey to your members and the people of your country the appreciations and gratitude of my organisation and its members, as well as of the freedom loving people of South Africa. Yours for freedom,”
EXHIBIT T 77 – This is a 14-page document in the handwriting of MBEKI entitled “Syllabus for Political Education of A.N.C. Groups”.
EXHIBIT T 78 – A 4-page document in the handwriting of MBEKI addressed “TO ALL REGIONS AND BRANCHES”. - 63 -
EXHIBIT T 79 – This is a single page document in the handwriting of MBEKI and reads as follows:
“A. Transkei issue. B. Detainees – 90-days what to do. (i) tracing all. (ii) send names. (iii) organise families to demand seeing their people. (iv) when released should be kept safely and get information of what they were asked – this information to be sent here. (v) organise assistance for families of detainees. C. Boycott of nationalist papers D. List of addresses.”
EXHIBIT D – On page 4 of Exhibit D appear two photos of MBEKI. The top one as he looked on the day of his arrest, the bottom one as he normally is.
WITNESSES: 1. E. KGOPANE – MBEKI stayed in the thatched roof room and on occasions typed in the main building.
2. SOLOMON SEPENG ) 3. PHILIP MOKOLO ) 4. RASMUS MAKULA ) MBEKI stayed in 5. TWADI MAKENA ) thatched roof room. 6. FRANK MOHOHLOANE ) - 64 -
7. THOMAS MASHIFANE – MBEKI, who he also knew as DHLAMINI, stayed in the thatched roof room. He also saw him in the room of the out-building that was used as a sort of office. MBEKI frequently visited the main house at Rivonia.
8. JOSEPH MASHIFANE – MBEKI stayed in the thatched roof room, but also saw him in the room with the roneo machine. MBEKI also helped with the erection of the aerial mast and the earth wire.
9. F. VERINGA – Saw MBEKI together with Thomas Mashifane in the Austin light delivery van.
10. BRUNO MTOLO – At the beginning of June, 1963, when he arrived for the first time at the thatched roof room at Rivonia, he was also introduced to MBEKI as DHLAMINI. MBEKI confirmed what SISULU had said, namely that by the end of July the A.N.C. must organise 200 (two hundred) volunteers and by the end of October 2000 (two thousand) volunteers from the rural areas, and that Natal would be divided into seven regions. MBEKI also added that the volunteers were to be used for the UMKONTO WE SIZWE. He also gave him the names of the seven divisions for Natal and indicated who would be in charge of the whole of Natal and who would have to report on the activities in Natal to the NATIONAL HIGH COMMAND. MBEKI further said that lectures would be drawn up by the NATIONAL HIGH COMMAND and sent to the various - 65 -
organisers. Finally MBEKI suggested to him that in Natal they should look for a place similar to Rivonia – one that was safe and quiet. The witness conveyed the grievances of Natal to MBEKI. MBEKI again wanted to know why the cane-fields in Natal had not been set alight and further stated that additional recruits were required for the 13th and 20th of June 1963. MBEKI gave him £15. The next day he saw MBEKI draft a document. KATHRADA then typed this document on a stencil and thereafter roneod copies on the roneo machine. Together with KATHRADA he returned to the thatched roof room where he found MBEKI busy addressing envelopes. The document referred to above he identified as Exhibit R 10. The following morning, prior to his departure MBEKI gave him a bundle of these envelopes to post. At the same time MBEKI showed him letters which he had written to KUANDA and NKUMBULE which dealt with the arrest of trainees in Northern Rhodesia (See Exhibit T 64 above at pages 61–62).
11. ABEL MTEMBU – He knew MBEKI as DHLAMINI. Following upon the house arrest of HODGSON, HODGSON told him that he should go to Rivonia in order to receive a message. He went there and in the thatched roof room he found MBEKI who he knew as a member of THE AFRICAN NATIONAL CONGRESS and attached to the newspaper at Port Elizabeth entitled the “NEW AGE”. MBEKI told him that he must meet trainees from Natal on the 4th, the 11th and the 18th of May; that the leader of the - 66 -
trainees would have a small umbrella which he would open and close, that he had to go up to the leader and give a secret word which he had forgotten (BRUNO in his evidence indicated that the secret word was MANZI). Thereafter he met BRUNO who told him that he wanted to contact the NATIONAL HIGH COMMAND whereupon he (the witness) went to Rivonia where he saw MBEKI who told him that it was in order and that he should bring BRUNO along to Rivonia. He duly carried out this instruction, brought BRUNO and introduced him to MBEKI. MBEKI asked BRUNO “Where is the other man?” (Referring to SOLOMON MBANJWA). BRUNO replied that he did not know and also asked why the recruits from Natal had not been met at Germiston Station as arranged. MBEKI replied that the dates had been changed, whereupon the witness asked why he had not been advised accordingly. MBEKI concluded the argument by saying that they should forget about it. On a later occasion he saw BRUNO who told him that he had brought a number of recruits from Natal. BRUNO asked him for R10-00 saying that MBEKI would refund it. He gave BRUNO R10-00 and was in fact refunded that amount by MBEKI.
12. BENNETT MASHIYANA – He knew GOVAN MBEKI who was the contact between the Port Elizabeth and the East London Regional Commands. He regarded MBEKI as a person in authority over both the East London and Port Elizabeth Regional Commands as he brought - 67 -
directives from Johannesburg when he came from that town. In fact for that reason he regarded him as the contact between THE NATIONAL HIGH COMMAND with headquarters in the Transvaal, on the one hand, and the Port Elizabeth and the East London Regional Commands on the other hand. MBEKI, together with MHLABA often came and addressed meetings at East London where MBEKI, together with MHLABA and MINI were introduced by MGABELA as members of the NATIONAL HIGH COMMAND. During April 1962, at a house in East London, MBEKI and MINI were present. A discussion took place to the effect that they were to enrol more freedom fighters to fight against the laws of the country and to defy the Government, in fact to cripple the Government militarily and economically and to destroy property of the Government. Anyone who squealed had to be reported to the REGIONAL HIGH COMMAND.
13. JOHN TSHINGANA – A taxi driver from Port Elizabeth who received instructions from time to time from MBEKI to convey members of the A.N.C. to various meetings. On one occasion MBEKI sent him to a certain house to call for MANDELA and to take him to the sea. That was some time during March/April 1961. He did so. About 3 or 4 months later MBEKI again told him to call for MANDELA at the same house and convey him to the house of DR. PATHER. He did together with MBEKI, MHLABA and MINI. On the evening of the 15th of December 1961, and acting on the instructions of MBEKI he accompanied SILAS to Court Chambers. SILAS - 68 -
went into the building and came back carrying two cartons, accompanied by MBEKI who was carrying one. They then proceeded to the house of MBEKI where they left him. The following day he conveyed a number of passengers to certain spots detailed in items 14 and 16 of Annexure “B”. Later he met MBEKI who paid him for the transport and remarked that “the work had been well done”. In 1962 his taxi was also used for the conveyance of passengers, including MBEKI, to meetings of the A.N.C.
14. ZIZI NTJIKELANA – During December 1960 he attended a meeting at the house of MHLABA where MBEKI was present. MBEKI informed the meeting that he was from the National Executive and told them about the “New Plan” under which officers were to be appointed and not elected as hitherto, and that the affairs of the Organisation was now in the control of the National Executive at Johannesburg.
15. SIKUMBUZE NTJIKELANA – He knew MBEKI who was one of the leaders of the AFRICAN NATIONAL CONGRESS. During December 1961 his car was hired. He went to the house of MBEKI where he picked him up and took him to Court Chambers. MBEKI went into the building and came back carrying two carriers. Later he conveyed MBEKI and one JACK along the road from Port Elizabeth to Uitenhage and heard them talking, and in particular about 5 to 6 miles out heard the word “Pylon” mentioned. That afternoon his taxi was again used by others. When he realised that there were two bombs in the - 69 -
carriers, referred to earlier, he refused to drive further and when told that MBEKI would be cross if they were not delivered by a certain time he got out of the car and walked to the house of MBEKI. He spoke to him about these bombs and MBEKI enquired as to who told the others to use his car; MBEKI added that they should have conveyed the bombs on foot. He duly conveyed this message to his travelling companions.
16. NORMAN DONDASHE – He knew MBEKI as one of the leaders of the A.N.C. in Port Elizabeth, and further that he was connected with Trade Unions with offices at Court Chambers, Port Elizabeth. He attended a conference at Lobatsi where MBEKI said that those present must, on their return to South Africa, teach the Bantu, particularly in the rural areas, that they had to fight for their freedom.
17. PETER PEYESI – He knew MBEKI as one of the leaders of the A.N.C. at Port Elizabeth. He attended the Lobatsi Conference where MBEKI told those present that on their return to South Africa they had to teach the people in the rural areas to fight for their freedom.
18. PIET COETZEE – He conveyed delegates to the Lobatsi Conference where he saw MBEKI in attendance.
19. LILIAN NADE – During 1961 MBEKI came to stay with her. He was then working for a paper - 70 -
called “The NEW AGE” with office at Court Chambers. To her knowledge MBEKI was a member of the A.N.C. before it was banned. When “NEW AGE” was banned (30th November, 1962) he did not stay long. He left with a bag saying he was going out. She never saw him again until she gave evidence in Court.
20. J. JORDAAN – Detective Warrant Officer stationed at Port Elizabeth. He knew MBEKI who was connected with the “NEW AGE”. After 30th November 1962, when this paper was banned, he went to the office and house of MBEKI but didn’t find him in. In fact he never saw him again until he gave evidence in Court.
21. J.A. DE KLERK – A Detective-Sergeant in the Police. On the 10th of April, 1963, he served three restriction orders (Exhibit T 31) on MBEKI at Johannesburg and told him to return to Port Elizabeth forthwith.
22. J. VAN HEERDEN – Lieutenant in the Police. On the afternoon of the raid he saw MBEKI walking away from the rear of the thatched roof room at Rivonia.
23. C. POSTHUMUS – A Detective-Sergeant in the Police. Following upon the arrest of MBEKI he searched him and found some torn notes in the pocket of his overall, Exhibit R 53. - 71 -
24. C.J. DIRKER – Detective Warrant Officer. He knew MBEKI as a Communist and often saw him at meetings of the A.N.C. He played back the tape, Exhibit R 153, and one of the voices on that tape sounded like that of MBEKI.
ACCUSED NO. 5 – AHMED MOHAMED KATHRADA.
EXHIBITS R10, 121(d) and 122 – R10 is a one-page circular issued by the AFRICAN NATIONAL CONGRESS and deals with the following subjects: “June 26th – Freedom Day” “Freedom in our life-time.” “Pivot of our struggle.” “Blood Bank.” “ACTION ACTION ACTION.”
The circular concludes with the slogan of the A.N.C.
Exhibit R121(d) is a copy of the identical circular which Detective Warrant Officer Dirker ran off from a wax-sheet that he found in the fourth room of the out-buildings at Rivonia (Exhibit R 121).
Exhibit R 122 – this consists of 139 copies of the same circular that was also found in the fourth room of the out-buildings at Rivonia.
- 72 -
EXHIBITS D – On page 5 of this exhibit is a photo of KATHRADA as he looked on the day of his arrest.
WITNESSES: 1. E. KGOPANE – KATHRADA stayed in the thatched roof room and she also saw him in the room with the roneo machine.
2. S. SEPENG – KATHRADA stayed in the thatched roof room. He also saw him typing, operating the roneo machine and assisting in burying the earth attached to the radio.
3. T. MASHIFANE – KATHRADA stayed in the thatched roof room. Was also busy on occasions reading and typing; saw him in the room with the roneo machine; he further assisted with the erection of the mast for the radio.
4. J. MASHIFANE – KATHRADA stayed in the thatched roof room. Also seen in the room with the roneo machine and on occasions was both reading and typing.
5. P. MAKOLO ) KATHRADA stayed in the ) thatched roof room. 6. F. MOHOHLOANE )
7. T. MKANA – KATHRADA stayed in the thatched roof room and also used the roneo machine in the fourth room of the out-buildings at Rivonia. - 73 -
8 I.E. MAKDA - KATHRADA visited WOLPE at the offices of JAMES KANTOR & PARTNERS.
9. BRUNO MTOLO – On the occasion of his visit to Rivonia he met KATHRADA who was introduced to him as PEDRO. On the day after his arrival there he saw KATHRADA typing on stencil what MBEKI had drafted, and thereafter saw KATHRADA running off copies of the circular on the roneo machine in the fourth room (See Exhibits R10 and R121(d) and 122).
10 ABEL MTEMBU – He knew KATHRADA as PEDRO and as a member of the INDIAN CONGRESS. On the three occasions that he went to the thatched roof room at Rivonia KATHRADA was present.
11 ESSOP SULIMAN – He knew KATHRADA as a member of the TRANSVAAL INDIAN CONGRESS. Some time during September/October 1962 KATHRADA hired his transport in order to take recruits across the border for which he was paid by KATHRADA.
12 EVA HLONGWANE – After GOLDBERG left Mountain View he brought to the cottage a woman and two men, one of whom she identified as KATHRADA. She also identified his photo on page 5 of Exhibit D as the “Portuguese” who GOLDBERG had brought to the cottage.
13 J. VAN HEERDEN – Lieutenant in the Police. On the afternoon of the raid at Rivonia he saw KATHRADA - 74 -
walking away from the rear of the thatched roof room. He searched him, after he had been arrested, and found on his person an amount of R140-00 in cash (notes).
14. W.P. VAN WYK – Lieutenant in the Police and Investigating Officer. When he saw KATHRADA he enquired “Who is this European?” KATHRADA then began to laugh and it was only then that he recognised him as KATHRADA.
15. C.J. DIRKER – Detective Warrant Officer. Knew KATHRADA since 1952 as a member of the TRANSVAAL INDIAN CONGRESS. KATHRADA was also a listed Communist. On the afternoon of the raid he identified KATHRADA with great difficulty. KATHRADA sought his permission to put on the jacket seen hanging in the right-hand corner of photo No. 9 in Exhibit “B”. He enquired whose jacket it was and KATHRADA replied that the occupants of that room were accustomed to wear whatever clothing there was therein,
ACCUSED NO. 6 – LIONEL BERNSTEIN.
EXHIBIT BU – This is a list of 24 books and 3 pamphlets found in the house of BERNSTEIN. Details of these books and pamphlets are as follows: - 75 -
“LB 4 = Boek = Hristo Mihailow – Kommunistiese boek.
LB 6 = Boek = “Byelorussia” Soviet booklet by TY. Kiselev.
LB 7 = Boek = “Tajikistan” Soviet booklet by Nazarsho Dodhudoyer.
LB 84 = Boek = “Latria” Soviet booklet by Vilis Lacis.
LB 9 = Boek = “Lithuania” Soviet booklet by M. Sumaulkas.
LB 10 = Boek = “Ukraine” Soviet booklet by N. Kalchenko.
LB 11 = Boek = “Uzbekistan” Soviet booklet by Arif Alimov.
LB 12 = Boek = “Kirghizia” Soviet booklet by Kazy Dikambayev.
LB 13 = Boek = “Estonia” Soviet booklet by Alexei Murisep.
LB 14 = Boek = “Kazakhstan” Soviet booklet by Dinmohammed Kunayev.
LB 15 = Boek = “Georgia” Soviet booklet by G. Djavakhishvili.
LB 16 = Boek = “Byelorussia” Soviet booklet by T.Y. Kiselev.
LB 17 = Boek = “Turkmenia” Soviet booklet by Balysh Ovezov.
LB 18 = Boek = “Armenia” Soviet booklet by Aston Kochinyan
LB 19 = Boek = “Soviet Women” Soviet booklet by Olgo Vinogradova.
LB 20 = Boek = “Higher Education” Soviet booklet by Prof. V. Yelyutin. - 76 -
LB 23 = Boek = “Socialist culture of Uzbek People”.
LB 24 = Boek = “South Africans in the Soviet Union.”
LB 26 = Boek = “Life is more Joyous” by Brian Bunting.
LB 28 = Boek = “The Western Areas” Mass removal.
LB 29 = Pamflet “The third Afro-Asian Peoples solidarity conference”.
LB 30 = Pamflet = “Soviet News”.
LB 32 = Pamflet “Restore the Unity of the international Com. Movement”.
LB 33 = Boek = “The User” 100 questions answered.
LB 34 = Boek = “Information Bulletin”.
LB 35 = Boek = “Man of the people Chief A.J. Lutuli”.
LB 38 = Boek = “A.S.A. in China” by Hilda Bernstein.”
EXHIBIT CV – This exhibit comprises two copies of the “World Marxism Review” of March 1963.
EXHIBIT CW – “Castro’s Cuba”.
EXHIBIT CX – Two copies of “ANGOLA – FREEDOM STRUGGLE”.
EXHIBIT CY – “Ideas of MARXISM – LENNINISM”.
WITNESSES:
1. E. KGOPANE ) ) BERNSTEIN was a visitor to Rivonia. 2. S. SEPENG ) - 77 -
3. T. MASHIFANE ) BERNSTEIN on occasions visited ) the occupants in the thatched 4. F. MOHOHLOANE ) roof room.
5. V. JELLIMAN – He was the caretaker at Rivonia from October 1961 to January 1962. His salary for one month was paid by BERNSTEIN who was a visitor to Rivonia.
6. J. MASHIFANE – BERNSTEIN visited the occupants in the thatched roof room. He also assisted with the erection of the aerial mast and the earth serving the radio. He also saw him in the room which housed the roneo machine.
7. C. GAITZ – A Plumber who did work for “JACOBSON” at Rivonia. On instructions received he installed a bath and a hot water installation, as well as a stove in the thatched roof room. BERNSTEIN showed him where he wanted the different points.
8. I.E. MAKDA – BERNSTEIN visited WOLPE at the offices of JAMES KANTOR & PARTNERS.
9. J.S.J. KENNEDY – Detective Warrant Officer. On the afternoon of the Police raid at Rivonia he found BERNSTEIN in the thatched roof room together with the accused MHLABA and HEPPLE, a co-conspirator. BERNSTEIN appeared very nervous. Lying open on the table in the room was the document entitled “Operation Mayibuye”, Exhibit R 71. - 78 -
10. D.C. ROELVERT – Detective-Sergeant who searched the house of BERNSTEIN and handed in a list of some of the books found there (See Exhibit BU).
11. C.J. DIRKER – Detective Warrant Officer. He searched BERNSTEIN following on his arrest and found R65-00 in cash on his person. He knew that BERNSTEIN was a listed Communist and a member of THE CONGRESS OF DEMOCRATS.
12. R. FIRST – He met JACK and RICA HODGSON, WOLPE and BERNSTEIN together with this wife HILDA at the hose of SLOVO. HODGSON, SLOVO, and WOLPE are named co- conspirators.
ACCUSED NO. 7 – RAYMOND MHLABA
EXHIBIT R 183 – This is a one-page typed document found in the possession of MHLABA. It reads:
“To-day, in the presence of you all, I swear to place my life at the service of my people.
I will uphold the policy, follow the leadership of the NATIONAL LIBERATION MOVEMENT.
I will guard the lives and the rights of my people, and respect their person and their property. - 79 -
I know the duties of a scout in people‘s struggle – to obey the orders of my appointed leaders without hesitation; to guard their secrets whatever the cost to me; to defend the lives of my comrades as though they were my own.
I swear to carry out these duties for all time until the liberation of the people has been won.
And therefore I claim to-day the title of scout in the people’s army – U.
EXHIBIT R 84 – This is another one-page typed document, also found in possession of MHLABA, and under the heading of “8.6.1963”, which reads as follows:
“Thanks for the information per B. About the date as been fixed as well as the amount.
I am a bit confused because of a conflict in the amount. Could you clarify the position please. H. Informed us it would be £25 and the latest information is £10. This has to be cleared immediately else it might create a most unfortunate misunderstanding as well as a poor reflection of dishonesty by us on some of our prospects.
I shall appreciate it if this matter is treated as being of UTMOST URGENCY.
We shall virtually suspend our contacting campaign until we hear again from you. Please send us word by return post. - 80 -
You do appreciate that there is hardly any time left.
So long. (Signed) ERNEST.
WITNESSES: 1. E. KGOPANE ) 2. J. MASHIFANE ) 3. P. MAKOLO ) These witnesses testified 4. R. MAKULA ) that MHLABA lived in the 5. T. MAKENA ) thatched roof room. 6. F. MOHOHLOANE )
7. S. SEPENG – MHLABA lived in the thatched roof room and also operated the roneo machine.
8. T. MASHIFANE – MHLABA lived in the thatched roof room and also spent his time in reading.
9. BENNETT MASHIYANA – He knew MHLABA as a member of the AFRICAN NATIONAL CONGRESS and was introduced to him, among others, by MGABELA as a member of the NATIONAL HIGH COMMAND. He saw MHLABA in the company of accused MBEKI and these two often came and addressed meetings at East London.
10. JOHN TSHINGANA – On several occasions conveyed in his taxi MHLABA together with accused MBEKI and others. On the occasion that he called for MANDELA and conveyed him to the house of - 81 -
Dr. Pather, MHLABA, as well as MBEKI accompanied them in the car. In the evening of the 16th of December, 1961, MHLABA, together with SILAS, JOSEPH JACK and two umfaans from the Transkei and MBATHA came to him. They went by taxi to Rink Street, Port Elizabeth. They stopped there, they stopped there, all the passengers got out and returned shortly afterwards accompanied by a European named STRACHAN, a co-conspirator. They were carrying cartons, sugar pockets with sand and a plastic bag. The cartons contained pipes with some black powder. All these articles were put in the boot of the car.
STRACHAN went back and the other six got into his car and he drove off. On the way MHLABA said that the goods in the car was dangerous, that they got it from STRACHAN and that it was bombs. They stopped at a plantation, near Framsby, where SILAS and the two umfaans got off, taking with them portion of the goods. MHLABA’s parting words to them were “Work nicely” (See items 14 in Annexure “B”). When they continued their journey MHLABA remarked “I hope they do good work there”. He took the remaining three passengers to the Labour Bureau where he stopped the car and his passengers took the remainder of the goods from the boot of the car. He went home after MHLABA had said to him that he was not to tell anyone what happened that evening. He arrived home about 9 o’clock and he heard a noise from the direction of the Labour Bureau which sounded like a short from a gun (See item 16 in Annexure “B”); after MBEKI had paid him for the transport he remarked that the “work was well done”. - 82 -
On a subsequent occasion he again met MHLABA who said that the work had proceeded well and he was satisfied. On later occasions he conveyed MHLABA and MBEKI, as well as others, to further meetings of the Organisation.
11. ZIZI NTJIKELANA – During December 1960 he attended a meeting of the A.N.C. at the house of MHLABA in new Brighton at which MBEKI was also present. At that meeting MHLABA also said that they must accept the new “MANDELA PLAN” and give it a trial for a period.
12. SIKUMBUZE NTJIKELANA – He knew MHLABA who was a leader of the A.N.C. at Port Elizabeth.
13. PETER PEYESI – Among others he knew MHLABA who was one of the leaders of the A.N.C. in Port Elizabeth.
14. G. ERASMUS – Detective Warrant Officer. He took the finger prints of MHLABA, Exhibit JJJ.
15. J. VAN RENSBURG – Finger print expert. He found the finger prints of MHLABA on a cold drink bottle at Travallyn (See Exhibits GGG and HHH).
16. J.H.J. KENNEDY – Detective Warrant Officer. On the afternoon of the raid at Rivonia he found MHLABA in the thatched roof room together with others. The document “Operation Mayibuye” was lying open - 83 -
on the table (see Exhibit R 71). He searched MHLABA and found on his person the two documents already referred to above, Exhibits R 183 and R 184.
17. C.J. DIRKER – MHLABA was a listed Communist.
ACCUSED NO. 9 – ELIAS MOTSOALEDI
WITNESSES:
1. ENGLISH TOLO MASHILONE – Herbalist who lived at the S.K. Building in Orlando. He knew MOTSOALEDI who was his cousin, as well as the accused ANDREW MLANGENI. At the beginning of the rainy season in 1960 MOTSOALEDI, in the company of SISULU, came to him advising that the A.N.C. had been banned by the Government and sought his permission to hold meetings at his place. He agreed and they held meetings at his place. At one stage MOTSOALEDI asked him for work and he engaged him as a canvasser. MOTSOALEDI said that he was “teaching people” and that there were four people running the Organisation. He pointed out MLANGENI as the “big boss”. At one stage a number of young Bantu were assembled at his building for – so he understood – schooling in Basutoland and Bechuanaland. MOTSOALEDI asked that they be temporarily housed there and that they would soon be leaving. In the winter of 1962 the first batch of about 30 young Bantu were assembled. They were provided with food by MLANGENI and they - 84 - were in due course taken away in two motor vehicles and a van. MOTSOALEDI was present, as well as MLANGENI. About three weeks later a second batch of young Bantu, also numbering about 30, were assembled at his house and again MOTSOALEDI and MLANGENI were present when they left. One of the young Bantu was ill and made a report to him whereupon he spoke to MOTSOALEDI who confirmed that these young Bantu were assembled at his house and being sent across the border to GHANA in order to train as soldiers, and that on the completion of their training they would return to South Africa in order to participate in the fight against the Government in order to achieve their freedom. They would be fighting with arms and they would damage buildings and interrupt the supply of electricity; they would continue to do so until the “real war” came. About three weeks later a third batch of young Bantu were assembled at his house but there was no transport to take them away, whereupon he spoke to MOTSOALEDI and told him to remove them. MOTSOALEDI pleaded with him and assured him that these young Bantu had passes. He further told him that if in the event of the Police coming to his premises he was to say that these young Natives were customers of his. They stayed there until the Friday of the following week, MOTSOALEDI provided them with food. It was round about this stage that MOTSOALEDI introduced MLANGENI to him as “our big boss”. It was then that MLANGENI apologised for the long stay that these Bantu - 85 - were making at the house, and asked him if he would continue to help until other suitable arrangements were made. He did not agree. Some time during this association with MOTSOALEDI two letters, bearing an air mail stamp and a Cape post-mark, arrived at his house. As these letters were not addressed to him he returned them to the postal authorities. He then reported this to MOTSOALEDI who showed him a coded letter similar to Exhibit R 7, and MOTSOALEDI read it, interpreting it and saying that this coded letter required him to meet a number of boys from the Cape at Canada Station en route to their school for training. He continued that according to this letter he was to get £300 or Rand in fifties. He asked him that should similar letters arrive again he was not to return them. He agreed to do so. About December 1962 or possibly January 1963 MOTSOALEDI arrived one evening at about 7 o’clock with a parcel which he took to the garage at S.K. Buildings, enjoining him that he was not to allow anyone else to enter the garage, that he was not to handle the parcel nor allow any fire to come anywhere near it. MOTSOALEDI then left. Shortly afterwards MOTSOALEDI, accompanied by MLANGENI and another, returned and opened the parcel that had been left behind in the garage. MOTSOALEDI then said the parcel contained dynamite. The contents of this parcel was divided between MOTSOALEDI, MLANGENi and a third Bantu and they walked towards the railway line. The following Friday MOTSOALEDI reported - 86 - to him that he had brought more dynamite, and left it in the garage. Late the same three divided the contents of the parcel and left. The following day MOTSOALEDI said that the dynamite was to be used in their fight against the White people and to enable them to blow up Government property such as post offices, factories and other places. On one occasion MOTSOALEDI brought three 4-gallon tins with some paint and painted the tins. MOTSOALEDI indicated that dynamite were to be stored in those tins and buried beneath the ground. Having done this MOTSOALEDI took away all these tins together with the parcel and indicated later that these had been buried about a mile away and that only the Committee knew of its location. At the same time MOTSOALEDI asked him to obtain some dynamite; in turn he asked one PAPI, in the presence of MOTSOALEDI, to obtain some dynamite for which he would be paid. He made this request to PAPI as he knew PAPI was working on the mines where dynamite was used and from whom he had obtained dynamite before the purpose of his business as a herbalist. The Sunday following PAPI brought five sticks and the following week another 5 sticks complete with detonators. For this quantity PAPI wanted £5, MOTSOALEDI said it was too much and gave him merely £2. One day MOTSOALEDI reported to him that the boys, referring to the Spear of the Nation, had smashed up a Municipal electric building at Braamfontein (see item 82 of Annexure “B”). On a later occasion MOTSOALEDI - 87 - told him that he had some good news and told him that the office of “A big chief” had been bombed by the Spear of the Nation and showed him a photo of the bombed place (see item 84 of Annexure “B”). A little later MOTSOALEDI showed him another paper and reported that a large building in NATAL had been bombed and that the Europeans therein were lucky to be alive (see item 146 of Annexure “B”). Round about the same time MOTSOALEDI reported that the “Pretoria Boys” were supposed to have bombed the Court in Pretoria wherein MANDELA had bee convicted but that the attack was a failure (see items 148 of Annexure “B”). Finally, MOTSOALEDI had brought him on one occasion two vaseline bottles which contained a yellowish substance and asked him to place these bottles amongst his own bottles containing various herbs. MOTSOALEDI explained that the contents of these two bottles were used in the manufacture of incendiary bombs. He pointed out Exhibit 9 as a tin of black paint MOTSOALEDI had brought on to the premises and used for painting the 4-gallon tins, and also identified Exhibit 10 as being similar to the two tins MOTSOALEDI had painted. (Note: See Exhibit R2, already dealt with above in Part I at pages 44 to 48 wherein the following appears on page 2 of the exhibits under paragraph 6 (page 18), the opening of which reads as follows:
“Our main charges have been dynamite or gelignite which we have primed with aluminium. - 88 -
Our detonators contain fulminate of mercury which is inserted in a cartridge of cordex. We have also used a fuse which has a core of black powder which burns at a rate of 40 seconds to the foot. We have obtained all these by raids on mines, quarry magasines or purchased from workers there”).
2. A. JANTJIES – A trainee from Cape Town who, in accordance with instructions received from NGUDLE, arrived in Johannesburg and went first to the Commercial Trading Company and thereafter taken to the MORABI HOTEL where they met other trainees who had come from Bloemfontein, Durban and Port Eliazbeth. During their stay at this hotel MOTSOALEDI arrived there, asked them if they had any complaints and told them that if questioned they were to say that they were members of a football team. MOTSOALEDI conveyed them from their hotel to the double-storey house in Olrando, from where they left later in two Volkswagen Kombis and a motor van.
3. ISAAC RANI – Another trainee from Cape Town who accompanied Jantjies and corroborates what Jantjies had said.
4. PIET COETZEE – A driver in the employ of Essop Suliman. He knew MOTSOALEDI and MLANGENI - 89 -
who, among others he saw at the Lobatsi Conference. On occasions he picked up young trainees at Morabi Garage and at the S.K. building and conveyed them up to the Bechuanaland border. Among the passengers he came to know Jantjies and Bambane.
5. BRUNO MTOLO – After attending the SACTU Conference in Johannesburg on the 12th of April, 1963, MLANGENI took him to the S.K. Building at Orlando. MLANGENI then left but returned with MOTSOALEDI who gave him certain notes and taught him how to make black powder, as well as enlightening him about thermite.
6. ABEL MTEMBU – Following upon his visit to Rivonia HODGSON confirmed what SLOVO had there told him and added that MOTSOALEDI would be a member of the REGIONAL COMMAND at Johannesburg. Also that he and MOTSOALEDI would be members of the Technical Committee. In all three there were four meetings of the REGIONAL COMMAND which were attended by MOTSOALEDI. At the first it was decided, inter alia, that the location sabotage groups would work under MOTSOALEDI. At the second meeting MOTSOALEDI was present together with MLANGENI. At the third meeting MOTSOALEDI reported that his sections had surveyed possible targets for sabotage. It had been decided that the Pretoria Branch would deal with the Old Synagogue and that the Alexandra Branch would - 90 -
deal with the electric pylon in their area. At the fourth meeting MOTSOALEDI reported that the Synagogue had been attacked but that it was not a success, and that the Alexandra group did not proceed with their proposed attack on the electric pylon. He knew MOTSOALEDI as a member of the A.N.C. and that he stayed at the S.K. Building where he worked for the herbalist English Mashilone; in fact he had been there on an occasion when MOTSOALEDI was present.
7. C.J. DIRKER –MOTSOALEDI was a listed Communist and he heard him speak at A.N.C. meetings.
ACCUSED NO. 10 – ANDREW MLANGENI.
EXHIBIT MMM – is a note book, dealing with the theory of radio, found in the possession of MLANGENI. The book is freely illustrated with various sketches and diagrams and also contains a detailed radio chart.
EXHIBIT TTT – is a Minister’s Certificate issued by the African Apostolic Faith Mission, purporting to certify that the bearer thereof, ANDREW MOKETE, of Johannesburg, has been duly appointed. Date of issue is given as the 12th of April 1963.
EXHIBIT UUU – is a printed and detailed road map of Southern Africa. - 91 -
EXHIBIT VVV – is a Soviet booklet entitled “The Fifteen Soviet Republics, To-day and Tomorrow, Lithuania. Wonderful Deeds”.
EXHIBIT WWW – Another Soviet news booklet entitled “SUEZ. The Soviet View”.
EXHIBIT XXX – Is a re-print from “THE STAR” dated the 11th of January 1956. The re-print, inter alia, reports the following.
“Dr. Nhlapo’s powerful leading article on Communist infiltration into the African National Congress was the cause of one of ‘The World’s’ representatives being ordered to leave a recent meeting of Congress. All other newspaper reporters, including foreign correspondents, left in protest.”
EXHIBIT YYY – Is a receipt in these terms:
“Received from Rev. ANDREW MOKETE the sum of R500-00 (Five Hundred Rand) being the purchase price of a Taunus motor car, 1960 model, as it stands (N.D. 71093). Dated at Durban this 15th of June, 1963.”
It bears a stamp which is cancelled and signed by “G. Naicker”. (NAICKER is a co-conspirator, whilst the motor vehicle referred to was found at Rivonia and is shown in Exhibit “B”, photo No. 34.
EXHIBIT ZZZ – Is a five-page pamphlet dated March 1961 being a “Bulletin of the South African - 92 -
Society for Peace and Friendship with the Soviet Union”.
EXHIBIT AB – Is a diary which contains various notes including the names of H. WOLPE and J. SLOVO both co-conspirators, together with their telephone number.
EXHIBIT AC – Is a reference book issued to MLANGENI where, on the last page, his photo appears and his name given as MOKETE ANDREW MLANGENI.
WITNESSES:
1. ENGLISH TOLO MASHILONE – The accused MOTSOALEDI introduced him to MLANGENI as “The big boss” who was in charge of the committee charged with the task of recruiting young Bantu for education across the border. MLANGENI’s association with MOTSOALEDI in the assembly of the Trainees at Morabi Hotel and the S.K. Building, as well as their transport across the border, has been dealt with above at pages 83–85. Likewise, his association with the storage of dynamite in the garage attached to the S.K. Buildin and the eventual burying of the dynamite in the black painted tins a short distance away. On the occasion that MOTSOALEDI introduced MLANGENI to him as “The big boss” he questioned MLANGENI and asked him what his name was, whereupon MLANGENI replied: “I have been introduced already. Leave it at that”. - 93 -
2. ESSOP SULIMAN – He knew MLANGENI, having met him in the office of SISULU at Macosa House, Johannesburg. His transport was used for the conveyance of about ten batches of trainees from Johannesburg to across the border. With regard to the third batch, some time during September to October of 1962, he met MLANGENI at the Morabi Garage and then proceeded to pick up twenty trainees at a house near the Morabi Hotel; these were conveyed to the border, MLANGENI travelling separately in a Zephyr motor car. MLANGENI told him that the trainees were being sent across the border to be trained as soldiers in Kenya and Tanganyika. MLANGENI cautioned the trainees that should they be stopped by the Police before reaching Zeerust they were to say that they were on their way to play a football match, but in the event of their being questioned after leaving Zeerust they were to say that they were on their way to attend a wedding or a funeral. With regard to the fourth batch, some time during October to November 1962, he proceeded to the Morabi Garage in order to pick up MLANGENI. They then proceeded to S.K. Building where they picked up about twenty trainees who were taken to the border. MLANGENI accompanied them across the border. With regard to the ninth batch it was MLANGENI and MBATHA who requisitioned for two Volkswagen Kombis for transport purposes. Twenty-one trainees were conveyed on this occasion when MBATHA gave MLANGENI a number of reference books - 94-
and a passenger list, adding that an aeroplane was waiting at Francistown to convey these soldiers to Kenya and Tanganyika. Finally with regard to the tenth batch it was again MLANGENI and MBATHA who arranged for two Volkswagen Kombis for similar transport of trainees. It was on this occasion that the convoy was intercepted before reaching the border.
Further, in regard to the transport of trainees from the Morabi Hotel and S.K. Building to the border, see the evidence of Piet Coetzee above at pages 88-89.
3. BRUNO MTOLO – On the occasion that he came to Johannesburg by train, travelling in the name of T. ZULU, he stayed at the house of LEVY SILORO. The following day MLANGENI arrived there together with Abel with Abel Mtembu. That was the first occasion he met MLANGENI whose aliases were PERCY and ROBOT. Thereafter MLANGENI took him to the S.K. Building in Orlando. MLANGENI left and returned shortly thereafter with MOTSOALEDI on the occasion when the latter taught him how to make black powder and enlightened him about thermite. MLANGENI gave him £5 wherewith to return to Durban and to report back to the NATAL REGIONAL COMMAND. On his return he found that their command now had the use of a Taunus van which he identified in Exhibit “B”, photo No. 34. BILLY NAIR, a co-conspirator, reported that the van came from the NATIONAL HIGH COMMAND in Johannesburg. On a latter occasion when - 95-
BILLY NAIR showed him a coded letter similar to Exhibit R 7 prior to his departure for Germiston on the 30th of May, 1963, MLANGENI arrived in Durban saying that he had been sent by the NATIONAL HIGH COMMAND to discuss with the NATAL REGIONAL COMMAND the proposed visit of Chief Sebata to Natal. It was on that occasion that he told MLANGENI about the complaints of their REGIONAL COMMAND and asked him to convey them to the NATIONAL HIGH COMMAND. On the same occasion MLANGENI reported that they could “swop” dynamite for a surplus of detonators (in the region of 1000) which Port Elizabeth had on hand. MLANGENI also reported that the NATIONAL HIGH COMMAND required a further eight recruits from Natal who were to de-train at Germiston on a specified date, the leader of whom must be furnished with an umbrella and that the pass word to be used would be ‘MANZI”.
4. ABEL MTEMBU – At the second meeting of the REGIONAL COMMAND, Johannesburg, MLANGENI attended, in addition to MOTSOALEDI, and HODGSON introduced MLANGENI as the Transport Officer. MLANGENI had a Peugeot motor car. On the Occasion when he had met Bruno for the first time MLANGENI reported that there was a SACTU man from Durban at Siloro’s house who said that he had orders from the NATIONAL HIGH COMMAND to come to Johannesburg for training in explosives. It was left to MLANGENI to confirm whether this was so, and in due course he reported back that Bruno was all-right. - 96 -
5. JIM MUGUBOYA – Minister of the Apostolic Faith Mission with the power, inter alia, to appoint ministers to whom certificates are issued. He did not authorise the issue of Exhibit TTT in the name of ANDREW MOKETE, bearing his address but not his hand-writing.
6. R.P. MONOYANE – The previous witness is his Minister. He placed an order for six copies of Appointment Certificates similar to Exhibit TTT. The hand-writing on Exhibit TTT is his, except for the words “Rev. Muguboya”. The name ANDREW MOKETE is that of MLANGENI who asked him to issue Exhibit TTT in his favour as he, MLANGENI, had difficulty in obtaining the necessary permits in order to travel around freely. He illegally furnished MLANGENI with Exhibit TTT; this was during May to June 1963 despite the date 12th of April, 1963, which appears on the exhibit. He knew MHLANGENI personally, also that he was a reporter for the “NEW AGE” newspaper.
7. J. IMPSON – A Municipal official in charge of the registration records of motor vehicles in Durban. Motor vehicle N.D. 71093 is a Taunus motor van registered in the name of GOVINDSAMY NAICKER on the 6th of March, 1963.
8. J. BODENSTEIN – Detective Warrant Officer stationed at Pretoria. On the 25th of June, 1963, - 97 -
he searched the house of MLANGENI in his presence and found all the exhibits detailed above (pages 90 to 92).
9. P.A. FERREIRA – Detective Warrant Officer stationed at Pretoria. He questioned MLANGENI with regard to Exhibit YYY which had been found at this house. MLANGENI explained that this receipt, in respect of the Taunus motor vehicle, was given to him by NAICKER to enable him to drive the car from Durban to Johannesburg without difficulty in case he should be stopped en route.
10. P.J.J. VAN VUUREN – At 12.15 a.m. on the 24th of April, 1963, he stopped a Peugeot motor car T.J. 137-423 proceeding in the direction of Johannesburg. There were two Bantu in the car, one MBATHA and the other MOKETE ANDREW MLANGENI – according to his reference book bearing his personal numer “P.N. 261706”. He was told that they had come from Lobatsi.
11. FRANK MOHOHLOANE – MHLANGENI visited the thatched roof room at Rivonia.
12. J.H.J KENNEDY – Abel Mtembu pointed out MLANGENI’s house. (Abel Mtembu also said so.)
13. C.J. DIRKER – He knew MLANGENI since 1954. He saw him at meetings of the A.N.C. which he also addressed. - 98 -
B. CO-CONSPIRATORS (ALSO ALLEGED TO BE MEMBERS OF THE NATIONAL HIGH COMMAND).
1. ARTHUR JOSEPH GOLDREICH
EXHIBIT R 1 – A document headed “Carrying out orders”.
EXHIBIT R 2 – Two documents, one typed, the other hand-written, found in blue envelope.
EXHIBIT R 3 – A book dealing with Demolition and the Theory of Explosives.
EXHIBIT R 4 – A document entitled “First Discussions – C. LEE, Ministry of Defence, China”.
EXHIBIT R 5 – A document entitled “Strategic Problems of Guerilla Warfare”.
EXHIBIT R 8 – A document headed “Report to Housing Committee.
EXHIBIT R 9 – A document dealing with various subject matters under the heads of “Specialists”, “Technical” and “Intelligence”.
EXHIBIT R 27 – A statement with supporting invoice from the BRYANSTON PLUMBING.
EXHIBIT R 33 – A document detailing radio equipment required from the United Kingdom. - 99 -
EXHIBIT R 41 – A document entitled “Liability for Training in Service and the Composition and Organisation of the South African Defence Force and Reserve”.
EXHIBIT R 42 – A document entitled “Method of Operation of a cupola”.
EXHIBIT R 43 – A document entitled “Cupola Design Requirements”.
EXHIBIT R 44 – A typed copy of the South African Defence Act with amendments and additions.
EXHIBIT R 45 – A document entitled “Production Requirements”.
EXHIBIT R 46 – A document entitled “Outlines of Syllabus for a brief course on the Training of Organisers”.
The above-mentioned exhibits are either in the hand-writing of GOLDREICH or found in his motor car at Rivonia on the day of the Police raid. These exhibits have all been fully dealt with above.
EXHIBIT R 195 – This exhibit consists of sections of aluminium piping found in GOLDREICH’s car.
EXHIBIT T 2 – This exhibit contains a series of sketches of hand grenade and land mines. - 100 -
EXHIBIT M 1 ) Are two brandy bottles found at ) Mountain View from which the finger- EXHIBIT M 2 ) prints of GOLDREICH were uplifted.
EXHIBIT M 5 – This is a “Kenna Instant Coffee” tin, likewise found at Mountain View, from which the finger-print of GOLDREICH was uplifted.
WITNESSES: The Bantu staff employed by GOLDREICH at Rivonia testified that on various occasions GOLDREICH visited the occupants in the thatched roof room of the out-buildings and that he assisted in the erection of the aerial, mast and poles in connection with the radio. In addition Thomas Mashifane testified, firstly, that he made the new road leading from behind the out- buildings to the main road. Secondly, that on the instructions of GOLDREICH he removed typewriters and documents from the main house and placed them in the coal shed where they were found; and finally, that on an occasion he saw GOLDREICH, together with MANDELA, practising target shooting.
Abel Mtembu also saw GOLDREICH in the thatched roof room, whilst Bruno Mtolo, during his stay at Rivonia, asked GOLDREICH, who came to the thatched roof room, the technical name for saltpetre. GOLDREICH went to the house to find out and came back to the thatched roof room with the required information. GOLDREICH thereafter left for Port Elizabeth. - 101 -
The witness Veringa testified that he knew GOLDREICH as the owner of the Austin van with regard to which he effected certain repairs.
With regard to the Reserve Bank notes found in a concealed safe in the studio of the main house at Rivonia, as shown in Exhbit “B”, Photo No. 6, and with regard to which GOLDREICH disclaimed all knowledge, the witness Venn, from the Note Department of the Reserve Bank, testified that 13 of those notes were received by his bank after August 1961 and a further 11 notes after December 1961 (see Exhibit AM). The Rivonia property was purchased in July 1961 and GOLDREICH moved in in December of the same year.
At Mountain View the Police testified that they found, inter alia, a quantity of black material (Exhibit M 18), a coat identified as that of GOLDREICH (Exhibit M 15), a MANDELA button (Exhibit M 25) which was found on the aforementioned coat and also the two brandy bottles (Exhibits M 1 and M 2) and the coffee tin (Exhibit M 5) from which the finger-prints of GOLDREICH were uplifted.
The witness T.E. Truter, a pilot for a private aircraft company, testified that he flew out GOLDREICH and WOLPE dressed as priests in black clerical garb. - 102 -
2. HAROLD WOLPE.
EXHIBIT R 1 – A document headed “Carrying out Orders”. (The first three pages of this document are in the hand-writing of WOLPE).
EXHIBIT R 91 – A file detailing a survey of the Rustenburg area.
EXHIBIT R 186 – A notebook containing various names.
EXHIBIT R 199 – A notebook headed “Plan of Investigation” and detailing a survey of the Transkeian territories.
EXHIBIT R 200 – A document dealing with the acquisition of maps and the costs involved therein.
EXHIBIT R 201 – A document dealing with the acquisition of various newspapers, periodicals and booklets, as well as the costs involved therein.
EXHIBIT M 1 – A brandy bottle.
EXHIBIT M 3 – A wine glass.
EXHIBIT M 4 – A bottle containing condensed milk
EXHIBIT M 6 – A Nescafe tin.
The above-mentioned exhibits are in the hand-writing of WOLPE and were found at Rivonia. - 103 -
WITNESSES: HAROLD WOLPE, a listed Communist, was a junior partner in the firm of JAMES KANTOR & PARTNERS and was visited at his office by various accused and co-conspirators named in the indictment. On occasions meetings were held in secrecy in Makda’s office with the Venetian blinds drawn. With regard to the purchase of the Rivonia property he initially drew the necessary documents in connection with the formation of NAVIAN (PTY.) LTD., a company which was shown as the purchaser of Rivonia. In these documents he originally showed himself as a co-Director with EZRA. He even asked Fenn, who was the auditor for JAMES KANTOR & PARTNERS, to act as a Public Officer for NAVIAN (PTY.) LTD. He signed a number of cheques in connection with the purchase of Rivonia and through Makda sent to Sepal an amount of R5000-00 in cash, being the first yearly instalment due on the Rivonia property.
A witness named Minnaar testified that about March 1963 he was in a car driven by GOLDREICH. GOLDREICH stopped outside a shop in Orange Grove where WOLPE, assisted by GOLDREICH, put what appeared to be a very heavy parcel in the boot of the car. He saw the word “Hallicrafter” on the parcel. They continued by car and on the Bar-B-Que Road they dropped WOLPE in the open veld at a gate together with the parcel. Continuing the journey he questioned GOLDREICH about this incident but received no satisfactory answer. - 104 -
The finger print expert, Rautenbach, examined the tin, Exhibit R 188, which was found in the fourth room at Rivonia alongside the roneo machine. He uplifted from the tin the finger print of WOLPE.
The finger print of WOLPE was uplifted from Exhibits M1, M3, M4 and M6 which were found at Mountain View and which are listed above.
See further the evidence of Truter above at page 101.
C. THE OTHER CO-CONSPIRATORS.
1. VIVIAN EZRA – He participated in, and lent his name to, the purchase of the property at Rivonia which was leased to GOLDREICH (see Exhibits “O”, “P”, “AK”, “AL”, “CK”, “CU”, “K24”, “K25”, “K26”, “K81”.)
2. JULIUS FIRST – He arranged for the finance in connection with the purchase of the property at Rivonia (see Exhibits “G”, “K40”, “K41”, “K61 and “K85”).
3. MICHAEL HARMEL – He was a listed Communist and initiated the negotiations that led to the purchase of the Rivonia property, for which purpose he assumed the name of JACOBSON. He also employed V. Jelliman to act as a care-taker for the Rivonia property for the month of October 1961 to - 105 -
January 1962 and paid his salary for the greater part (See e.g. Exhibit “AJ”). The installation of the bath and hot water system, as well as the stove at Rivonia was done on his instructions by the witness Gaitz.
4. BOB ALEXANDER HEPPLE – Admitted to Lieutenant Swanepoel that he was a Communist and a member of the Communist Party. Some of the Bantu staff at Rivonia testified that he was a frequent visitor there and in fact on the afternoon of the Police raid on Rivonia he was found in the thatched roof room, on the table of which “Operation Mayibuye”, R 71, was lying open. He divulged to the Police the existence of the cottage at Mountain View – the hiding-place of GOLDREICH and WOLPE – and also took the Police there and pointed out the premises. (See also Exhibits “DH” and “DJ”, two copies of “The Assegai” under cover of “Oliver Twist” and “Short Detective Stories” which were addressed to him, and from the post-mark were posted from Milano.
5. PERCY JOHN (JACK) HODGSON – He is a listed Communist. He took Bruno to his flat in Johannesburg where he gave him a pamphlet dealing with dynamite and asked him to study it and thereafter instructed him in the use of dynamite. He confirmed what SLOVO had told Abel Mtembu that the “M.K.” had been formed with a view to commit sabotage. HODGSON further advised Mtembu that he was the Chairman of the REGIONAL COMMAND at - 106 -
Johannesburg and that Mtembu would be on the Technical Committee. HODGSON attended four meetings of the REGIONAL COMMAND at which Mtembu was present. He also acted as the contact between the REGIONAL COMMAND at Johannesburg and the NATIONAL HIGH COMMAND. It was HODGSOn with whom the accused MLANGENI checked to ascertain whether Bruno, who had arrived from Natal, was a spy or not. When HODGSON was placed under house arrest he told Mtembu that he had to go to the NATIONAL HIGH COMMAND in order to receive a message. On one occasion he also told Mtembu that the material required for the various acts of sabotage had already been obtained and advised him where further material could be obtained. He introduced MLANGENI to Mtembu as the Transport officer. According to the trainees from Cape Town, Jantjies and Rani, NGUDLE gave them both the name and address of HODGSON whom they had to contact on their arrival in Johannesburg. HODGSON frequently visited WOLPE in the office of JAMES KANTOR & PARTNERS.
6. RONALD (RONNIE) KASRILS – According to Bruno Mtolo he was a member of the NATIONAL REGIONAL COMMAND and fully participated in all its activities.
7. MOSES KOTANE – According to Warrant Officer Dirker KOTANE as the Secretary of the Communist Party and is a listed Communist. He is also a member of the AFRICAN NATIONAL CONGRESS (see further Exhibit PPP). - 107 -
8. ARTHUR LETELE – The witness Kleynhans, sub-Accountant, Netherlands Bank, Johannesburg, testified that a cheque for R8000-00, drawn on the account of A. LETELE at Maseru, was received and paid over to the firm of JAMES KANTOR & PARTNERS. (See also Exhibit T 22).
9. TENNYSON MAKIWANE - According to Warrant Officer Dirker MAKIWANE was a member of the AFRICAN NATIONAL CONGRESS and in fact the two trainees from Cape Town, Jantjies and Rani, when they went beyond the borders of South Africa for training they met MAKIWANE at the offices of the A.N.C. in Dar-es-Salaam. (See also Exhibit PPP).
10. JOHN JOSEPH MARKS – He was a listed Communist and visited WOLPE at the offices of JAMES KANTOR & PARTNERS.
11. JOHANNES (JOE) MODISE – According to Warrant Officer Dirker and Mtembu, MODISE was a member of the AFRICAN NATIONAL CONGRESS. On two occasions he took Mtembu to the headquarters of the NATIONAL HIGH COMMAND at Rivonia where he had had discussions with SLOVO and HODGSON as already indicated above. According to Bruno Mtolo, MODISE visited the REGIONAL COMMAND at Naidoo’s house in Natal and on one occasion took some cartons of dynamite to Johannesburg. Finally, according to the evidence of Jantjies, Rani, Suliman and Coetzee, MODISE participated in the transport of the - 108 -
trainees from their assembly points in Johannesburg to Lobatsi.
12. GEORGE NAICKER – According to Bruno NAICKER assisted in the theft of cartons of dynamite which was taken to his home where it was stored in a garage; a fan was provided to keep it at an even temperature. On an occasion he received funds from G. NAICKER to cover his expenses when he was required to visit the NATIONAL HIGH COMMAND at Rivonia.
13. BILLY NAIR – According to the evidence of Bruno Mtolo he was the Deputy Captain of the NATAL REGIONAL COMMAND in charge of correspondence with the NATIONAL HIGH COMMAND. He participated in the activities of the NATAL REGIONAL COMMAND. It was NAIR who reported the acquisition of a Taunus van for use by the NATAL REGIONAL COMMAND. This van was made available by the NATIONAL HIGH COMMAND. Finally, it was NAIR who advised Bruno Mtolo that he had to go to the NATIONAL HIGH COMMAND for which he (NAIR) made the necessary arrangements and at the same time gave Bruno a coded letter for transmission to the NATIONAL HIGH COMMAND.
14. LOOKSMART SAULWANDLE NGUDLE – He was, according to the evidence, Comrade Sergeant at the Mamre Camp where he also acted as interpreter for the accused GOLDBERG and, in the absence of GOLDBERG, gave instructions to the “campers”. Jantjies - 109 -
and Rani testified that before leaving Cape Town for training across the border they received final instructions from NGUDLE to contact HODGSON in Johannesburg. Police officers van Zyl and van Wyk testified to seeing NGUDLE in the company of GOLDBERG under suspicious circumstances. Van Wyk recovered from the pocket of LOOKSMART’s jacket Exhibit BN, a piece of paper demarcating thereon the position of certain railway signals outside Kenilworth Station. Warrant Officer Ferreira testified to finding a number of articles in the house of NGUDLE which he claimed as his. Firstly, a number of pamphlets advocating incitement. With regard to these NGUDLE admitted that he had distributed them. He also found a typewriter and finally a paper bag containing a roll of toilet paper, a bottle of vaseline, a number of plastic bags, a bag containing charcoal, Potassium Nitrate, Flowers of Sulphur, icing sugar, an eye-dropper, one pistol and a number of hack-saw blades. Thereafter NGUDLE pointed out to him the place where the roneo machine was kept and there too the witness found a hack-saw. Finally, according to the witness Caswell, NGUDLE had enjoined those who were under his command at the camp that if ever they were apprehended and questioned by the Police, rather than give any information to the Police they were to commit suicide.
15. PHILEMON DUMA NOKWE – According to Makda NOKWE visited WOLPE in the offices of JAMES KANTOR - 110 -
& PARTNERS. Suliman testified that NOKWE engaged him for the transport of trainees from Johannesburg to Lobatsi. Weideman, a warder at the Fort, said that on the 31st of January, 1962, NOKWE, accompanied by SISULU, arrived at the Fort in order to see Brian Somane and Benjamin Ramotse, both members of the A.N.C. Ramotsi had been injured in the course of an act of sabotage committed on the 16th of December, 1961 (See item 19 in Annexure “B”). (See also Exhibit PPP and R 198. The latter is a six-page document in the hand-writing of NOKWE entitled “Plans for the Second Phase of the Campaign”). Warrant Officer Dirker testified that NOKWE was the Secretary-General of the AFRICAN NATIONAL CONGRESS.
16. JAMES JOBE RADEBE – The two trainees from Cape Town, Jantjie and Rani, testified to having met RADEBE at the same time that they met TENNYSON MAKIWANE at the offices of the A.N.C. in Dar-es-Salaam. See also Exhibit PPP and also Exhibit T 59 which is a copy of a letter addressed by RADEBE to “Dear Mzwai” of which the second paragraph reads: “You will most probably get the details about the conference from him. I here only want to deal with a few matters which I believe need our (A.N.C.) attention as soon as we can”. Whilst a portion of the final paragraph reads as follows: “Further, the first Deputy of the Ministry of Foreign Affairs whom I met to discuss the situation at home, partly at his request and partly at my - 111 -
desire, spoke favourably about assisting us/A.N.C. politically in matters such as opening an office and training like they did for the Algerians and Tunisians”.
17. ROBERT RESHA – According to Warrant Officer Dirker RESHA was the chief volunteer of the AFRICAN NATIONAL CONGRESS and the Youth League (See also Exhibit PPP).
18. JOSEPH (JOE) SLOVO – A listed Communist. According to Jelliman SLOVO visited Rivonia whilst he was a care-taker during the period October 1961 to January 1962. According to two Bantu servants at Rivonia SLOVO visited the occupants of the thatched roof room. Bruno testified that on the occasion of one of his visits to Johannesburg he was advised that if he were not met at the station he was to contact SLOVO – this in fact he did, whereupon SLOVO arranged for him to be accommodated that night at the house of Levy Siloro. The trainee from Cape Town, Rani, was also told by NGUDLE that if, on arrival in Johannesburg, he were to find himself in trouble he was to get in touch with SLOVO. According to Abel Mtembu, on the occasion of his first visit to Rivonia, SLOVO informed him that the “M.K.” had been formed for the purpose of committing acts of sabotage; he further advised him that this was a decision taken by the Executive of the AFRICAN NATIONAL CONGRESS and the CONGRESS ALLIANCE, and that President Luthuli had agreed thereto. He was then advised - 112 -
that the struggle had already gone through its first phase and that the second phase of sabotage had now been reached. It was SLOVO too who informed him that he (Mtembu) would be a member of the Johannesburg REGIONAL COMMAND together with the accused MOTSOALEDI under the Chairmanship of HODGSON.
19. HAROLD STRACHAN – According to Bruno Mtolo, and following a report received, STRACHAN arrived at Natal and attended a meeting of their REGIONAL COMMAND. He said that the AFRICAN NATIONAL CONGRESS had now decided on a policy of violence involving, if necessary, even the spilling of blood. That he would teach them how to make weapons; that we must follow the policy of the A.N.C., recruit men for the military branch and establish cells. They should also study how the Chinese and Cuban Communists fought for the time would come when they would have Guerilla warfare followed by a wholesale war. He enjoined them to steal Government arms and ammunition, as well as dynamite and chemicals for the manufacture of bombs. According to STRACHAN they had to start on the 16th of December 1961, a date which was fixed by the NATIONAL HIGH COMMAND at Rivonia, for the commencement of the second stage of sabotage throughout South Africa. At the request of STRACHAN he built a timing device with an alarm clock and showed it to STRACHAN at the next meeting of the NATAL REGIONAL COMMAND. STRACHAN, commenting thereon, said that it was not - 113 - self-destructive and too expensive. STRACHAN then told them how to make petrol bombs, of which Exhibit 1 is a sample, a dry-charge bomb and a Molotov Cocktail. STRACHAN finally said that they were to address one another as “Comrade” followed by the particular rank of the individual addressed. He then left for Port Elizabeth in order to teach others in the manufacture of explosives. On the evening of the 16th of December, 1961, and at Port Elizabeth, the accused MHLABA, together with five others, went in the car of John Tshingana to Rink Street where all six alighted and returned shortly afterwards in the company of STRACHAN carrying a carton, sugar pockets and a plastic bag which they put in the boot of the car. STRACHAN then returned and John Tshingana and his passengers continued on their journey. Whilst travelling Tshingana learnt that the contents placed in the boot was explosives for use in acts of sabotage which were then committed (see items 14 and 16 of Annexure “B”).
The witness named Leviton testified that he rented a garage to one H. STRACHAN of Port Elizabeth during November 1961. STRACHAN said he wanted to build a trailer and for that purpose required an electric light. He ma de the garage available to STRACHAN in an absolutely clean condition. Later the Police arrived at the garage where they found a box marked “STRACHAN”, Umbilo Road, Durban” and the words “Handle with care”. They saw white dust and sand on the floor. This - 114 -
garage was approximately 700 yards from Rink Street. This witness in due course testified against STRACHAN who was charged for being in possession of explosives. STRACHAN was convicted.
Lieutenant A.J. Kruger of the Police testified that one of the umfaans from the Transkei, named Dukade, pointed out the garage referred to above where the box with STRACHAN’s name was found. He also found traces of Potassium Permanganate and silver powder in the garage.
20. OLIVER TAMBO – According to the two trainees from Cape Town, Jantjies and Rani, OLIVER TAMBO was seen at Dar-es-Salaam at the same time that they saw TENNYSON MAKIWANE and ROBERT RESHA at the offices of the A.N.C. Dar-es-Salaam.
The witnesses Norman Dandashe and Peter Peyesi testified to having seen OLIVER TAMBO at the Lobatsi Conference where he spoke, advocating that young Bantu should be sent beyond the borders of South Africa in order to learn to defend themselves and to handle guns so that they could return in due course to South Africa and participate in the fight against the Government in order to achieve their freedom. TAMBO also mentioned the opening of offices of the A.N.C. in African States to facilitate the training of these Bantu and finally spoke about assistance that was being obtained from the other African States.
According to Warrant Officer Dirker OLIVER - 115 -
TAMBO was a member of the A.N.C. and was variously referred to as “O”, or “OR” and “ORT”. See Exhibits R13, R16 and R17, according to which TAMBO accompanied MANDELA on his tour of the African States and also refers to the appointment of TAMBO to the Co-ordinating Freedom Council. See too Exhibit R48 where NELSON MANDELA writes, during April 1962, that “Communications in connection with matters raised in this letter may be addressed to The Deputy President of the A.N.C., Mr. O.R. TAMBO, 9(a) Cholmeley, London N.C.”
In Exhibit R216, a letter addressed by “O” to “BAWOZALA”, appears the following paragraph:
“You should now have received a report that while in the States, I raised a total of 3900 dollars (£1480) approximately), all to be used for intensifying, expanding and consolidating the campaign to show the highest degree of success. Of this moment, £500 has been delivered to Arthur, and approximately £980 (the equivalent of 2500 Dollars) should by now be in possession of the old man, Dr. Arthur Blaxall. See him immediately. I am writing to him, as per copy enclosed herewith”.
See further a series of letters which were found at Travallyn, namely, Exhibits T16, T17, T22, T23, T25, T26 and T28. Finally see Exhibits T35 and PPP.
21. BENJAMIN TUROK – According to Detective - 116 -
Warrant Office Dirker TUROK was a member of the CONGRESS OF DEMOCRATS, and according to Lieutenant van Wyk TUROK was charged and convicted in respect of item 35 of Annexure “B”.
22. CECIL GEORGE WILLIAMS – According to Makda WILLIAMS visited WOLPE in the offices of JAMES KANTOR & PARTNERS.
According to Detective-Sergeant Vorster he stopped a motor car at Howick on the 5th of August 1962. The driver was WILLIAMS and his passenger was accused MANDELA who was dressed as a chauffeur.
See further Exhibit K99, a telegram sent by WILLIAMS from Lobatsi to his sister Mrs. Gowlett, and Exhibit K100, a letter from C. WILLIAMS addressed from overseas to his sister again in connection with an amount of R10,000-00 which had to be paid in to the firm of JAMES KANTOR & PARTNERS.
23. THE SOUTH AFRICAN COMMUNIST PARTY - See above, PART I, pages 118 to 129.
24. THE AFRICAN NATIONAL CONGRESS – See above, PART I, pages 108 to 118.
25. UMKONTO WE SIZWE – See above, PART I, pages 129 to 147. - 117 -
5. THE IMPLEMENTATION OF THE AIMS AND OBJECTS OF THE CONSPIRACY.
A. THE ACQUISITION OF SUITABLY SECLUDED PREMISES.
EXHIBIT R 8 – This is a four-page typed document. On the reverse of the last page appears certain details in the hand-writing of GOLDREICH. The first two pages, under the heading of “REPORT TO HOUSING COMMITTEE” read as follows:
“1. General (i) The accommodation should be secluded. (ii) There must be sufficient living and working space. (iii) The proposed accommodation must be such that it will be of such a nature that it will provide a legitimate “cover”. e.g. a farm must be capable of being farmed; a workshop in an industrial area must give the outward appearance of being a workshop.
“2. Cover. This is an enlargement of 1(iii). Consider the case of a farm : In this instance it is necessary that the occupant (tenant or purchaser) should be allowed - 118 - time to establish his prescence in the district and the bona fide nature of his occupancy, i.e. farming. This can be done in the writer’s opinion in a matter of weeks. Only sufficient time is required to accustom the police to the fact that lights show at night and that activity is apparent during the daytime. There exists in these commencing days a strong possibility of visits by the police for the purpose of “getting acquainted”. For our purpose it is necessary to have labour available at the farm. With strictness of the application of the Pass Laws it is necessary that “employees” be in possession of all the correct documents. This latter point is of critical importance in the initial stages when visits from Peri-urban inspectors is extremely likely.
From information gleaned it appears that poultry farming is the simplest farming cover to establish. It justifies the erection of additional shed space and the existence of labour on the farm. At the same time the nature of the operation is such that it does not fully occupy the time of the “employees”. This of course pre-supposes that all the labour will be provided by “our people”. This latter point is fundamental to the success of the under cover operation. No “outsiders” can be permitted on the premises.
Until the existence of the establishment - 119 - is taken for granted by the authorities and possible neighbours (remote though they be) it cannot and must not be used for any purpose other than that for which it was originally intended; Manufacture and research under the cover of farming. For use as a “hidey-hole” for those on the run and as a training establishment sufficient time will, have to be allowed for the “cover” to become accepted. No statement of the time required for this can be made. Quite clearly it will vary from area to area and also from time to time in the overall sense. Once the operation has been set in motion and occupation taken, the occupants will be able to decide when the possibilities of visits by the authorities have reached a sufficiently low level for the full use of the establishment to be made.
With the operation of a farm as a farm a difficulty is encountered in the disposal of the produce. Two alternatives exist, (i) normal commercial operation be carried on. The produce to be sold to retail undertakings, with the commensurate establishment of trails for the Revenue Department to follow up. Alternatively, a roadside stall can be established. The problem of Taxes arises. (ii) No attempt to dispose of the produce through commercial channels. In this case the personnel of the establishment will eat eggs and poultry until they look like fowls themselves. Even - 120 -
this will be inadequate to dispose of the produce of the labour force envisaged. Therefore there will be a case for distribution of produce, either free or at low prices to members of the outfit as a whole. In both cases of the second alternative no records will be kept or be traceable.
For the reasons given it appears that non commercial operation be carried on. At least a superficial “cover” will exist. 3. Duration. It is the writer’s opinion that an establishment such as that described, should not be considered as permanent. At the outset an initial time limit should be set, naturally subject to variation – both longer and shorter. At this stage it is suggested that this operation be set in motion as soon as possible and to be established for a period of seven months, to be reviewed regularly in the light of changing circumstances. 4. Establishment. a. A suitable farm has been found, lacking only in sufficient accommodation for farm labour. There is however sleeping accommodation for four to six men. b. The main house is large with numerous - 121 -
rooms which can be used as dormitories if it is found necessary. (in terms of “cover”, however, the use of the house in the initial stages as sleeping accommodation by the farm labour is undesirable. This alone could destroy the cover which in any case could stand up only to superficial scrutiny.). c. An adequate water supply from a natural spring is available. The water being transferred to a high level storage dam of 5,500 gallons capacity. Pumping is by means of a petrol motor driven pump. d. Electricity is at present supplied to the house by means of a 2.8 kw petrol driven lighting set. If desired, an additional set is immediately available second hand at a cost of R300. if it is left too long a new set may have to be purchased at a cost of R730. e. Cooking is by means of Butane (Handi-) gas, two 100 lb cylinders being part of the equipment.
This is quite suitable as the existence of a gas supply is of obvious use in manufacturing operations. f. The house and outbuildings are completely unfurnished except for a stove, hence all furniture requirements will have to be met. - 122 -
(An appendix will be given listing the requirements) g. Farming set-up. No poultry farming equipment exists, on the property, nor is there adequate accommodation for it. The necessary shed space could be provided at a cost of 50c per square foot using second hand materials. One, possibly two sheds 30’ x 20‘ would be required at a cost of R300 each. No information at present available as to the cost of poultry “batteries”, but a minimum would be of the order of R600. h. Workshop. The size of the lighting plant limits the size of the motors of power driven tools to 1 H.P. This is adequate for the driving of a wood turning lathe and tools such as can be
3 1 driven from a /8“ or /2“ electric drill. (See appendix for tools required).
3 i. Transport. It is suggested that a vehicle such as a /4 ton or 1 ton bakkie be purchased. Firstly to enable the personnel to carry out all their own transport requirements, thus eliminating the possibility of “the prying eyes” of delivery men penetrating our cover. Secondly, because it is in keeping with the nature of the “cover” we are attempting to establish. Cost will be of the order of R300 to R400.” - 123-
EXHIBIT R 144 – This exhibit is a page from the “STAR” dated 11th of June, 1963, whereon is demarcated a number of properties in the Northern area of Johannesburg.
(i) PURCHASE AND USE OF RIVONIA
EXHIBITS R 79, R 154, R 219 and R 220 – These exhibits consist of a number of sheets bearing the names and addresses of various people, as well as the names and addresses of various political organisations, both in South Africa and beyond.
EXHIBITS R 91 and R 199 – These exhibits constitute a written record incorporating the results of surveys of the Rustenberg and Transkei areas. They have already been dealt with above. (See PART I pages 62 to 73).
EXHIBITS R 223, R 224 and R 225 – These are drafts of the Program of the SOUTH AFRICAN COMMUNIST PARTY. See Exhibit R 39, the booklet in its final form, and R 78 which details the reasons for the “New Program of the SOUTH AFRICAN COMMUNIST PARTY”. The latter two exhibits have been dealt with above. (See PART I, pages 57 to 59)
EXHIBIT R 239 – This is the duplicating machine found in room 4 of the out-buildings at Rivonia.
EXHIBITS R 242 and R 252 – These exhibits comprise - 124- typewriters, hand duplicating machines, a large quantity of typing paper, rubber finger-tips and gloves, packets of staplers and unused wax sheets.
EXHIBIT O – This is a signed offer to purchase “Lillieasleaf” farm at Rivonia.
EXHIBIT P – Is the Deed of Transfer transferring the property of “Lilliesleaf” farm to NAVIAN (PTY.) LTD.
EXHIBIT L – This is a document leasing “Lilliesleaf” farm to GOLDREICH.
EXHIBIT CU – This is an affidavit showing the registration of NAVIAN (PTY.) LTD. on the 20th of September, 1961, and VIVIAN EZRA a sole Director.
WITNESSES:
1. E. WATERMEYER – During July 1961, HARMEL, using the name of “JACOBSON” enquired about a quiet, secluded place for his brother-in-law, EZRA, who had a nervous breakdown. She showed him a number of places which he turned down on the ground that they were not sufficiently secluded and were too near neighbours. She eventually showed him “Lillieasleaf” farm at Rivonia with regard to which HARMEL eventually offered an amount of R25,000-00 which was accepted.
2. K. MEIKLE – On the 21st of August, 1961, HARMEL - 125-
arrived, accompanied by EZRA, who signed the offer to purchase, Exhibit O.
3. L. SOSKOLNE – She testified that EZRA stayed at 83 Walmer Street, Sydenham, under a written lease for a period of 1 year from the 1st August, 1961, with an option to buy. After the expiration of the period in the lease he still continued to stay on.
4. A. EZRA – The wife of VIVIAN EZRA. She testified that her husband was neither ill nor required peace and quiet. That in view of his financial position he was unable not only to buy their present house but also unable to find the necessary deposit that would have been required. His financial position was not too good and in fact he was considerably overdrawn at the bank. To her knowledge he was not interested in farming, never considered buying large property at Rivonia, and most certainly could not have afforded the purchase price of R25,000-00.
5. F. WESSELS – Secretary for the firm of Sungold (Pty.) Ltd. for whom EZRA worked as a traveller. He was always borrowing from petty cash and even borrowed an amount of R700-00 to enable him to purchase a motor car. This amount he did not repay and he had to be sued for its recovery. - 126-
6. R. SEPEL – An Article Clerk in the firm of an attorney named A. Furman, who on instructions received, from the office of J. KANTOR & PARTNER, acted for EZRA in the formation of a company styled NAVIAN (Pty.) LTD. and dealt with the transfer of ‘LILLEASLEAF” farm at Rivonia from its previous owner to NAVIAN (PTY.) LTD. EZRA together with a typist in his office were shown as the shareholders of NAVIAN (PTY.) LTD. The Rivonia property was formerly leased by NAVIAN (PTY.) LTD. to GOLDREICH at a nominal rental of R100-00 per month, which was insufficient to cover the interest on bond and other incidental expenses. He encountered considerable difficulty, following reports made to him by the auditor, to get certain required information both from EZRA and GOLDREICH. He received, through Makda, an Indian clerk in the employ of JAMES KANTORY & PARTNERS, an envelope which contained R5000-00 in cash (notes) without any recovering letter. This amount he paid over to the attornies for the sellers of “Lillieasleaf” farm in respect of the first yearly instalment due under the Deed of Purchase.
7. O. FENN – Appointed Public Officer of NAVIAN (PTY.) LTD. at the request of WOLPE. EZRA was the Director of the Company. He encountered considerable difficulty in getting the necessary details to enable him to write up the books for the Company. With regard hereto he spoke to Sepel. He testified further that in March 1962 he opened - 127-
a banking account in the name of the Company which was at no time in funds sufficient to pay the first yearly instalment due.
(ii) PURCHASE AND USE OF TRAVALLYN
EXHIBIT T 40 – This is a semi-hard cover marked “A.B.C. INTERNAL”.
EXHIBIT T 41 – This is another semi-hard cover containing a quantity of carbon paper.
EXHIBITS T 43 and T 64 – These exhibits comprise circulars, covers, directives, letters, lists of names and addresses, notes of various amounts and diverse reports – all found at Travallyn.
EXHIBIT T 82 – This exhibit comprises a quantity of foolscap size typing paper.
EXHIBIT T ZZ – This is the relative Deed of Sale in respect of Travallyn.
EXHIBIT T AAA – This is the receipt for the initial deposit of R500-00 due in respect of the purchase of Travallyn.
WITNESSES: With regard to the purchase of Travallyn see the evidence of H. Sleigh and G. Finlay whose evidence was summarised as witnesses No. 25 and - 128-
No. 27 respectively when dealing with the evidence against accused GOLDBERG (See above at pages 50 to 52).
(iii) HIRE AND USE OF THE COTTAGE AT MOUNTAIN VIEW.
EXHIBITS M27, M27(a), M27(b), M27(c) – These exhibits comprise the remains of burnt documents which were found on the compost heap just outside the cottage.
EXHIBIT M 28 – A series of five receipts in respect of rent received from BRONKHORST in respect of the months April to August 1963.
WITNESSES: With regard to the occupation of the cottage at Mountain View, see the evidence of E. Sebone and E. Hlongwane, whose evidence was summarised as witnesses Nos. 32 and 33 respectively when dealing with the evidence against the accused GOLDBERG. (See above page 53.
See further the evidence of Police witnesses Dirker, Grobler, Swanepoel, van Niekerk and van Tonder, who testified to the recovery of Exhibits M 1 to M 28, all recovered at Mountain View and to the finding of the finger prints of GOLDREICH and WOLPE on a number of articles there found.
- 129-
B. THE PURCHASE OF FURNITURE AND EFFECTS, EQUIPMENT AND MOTOR VEHICLES.
(i) FURNITURE AND EFFECTS:
EXHIBIT R 8 : This is report to the “Housing Committee”, already referred to above, but see page 3 thereof which reads as follows:
“APPENDIX I FURNITURE AND EQUIPMENT FOR PERSONNEL Assume six people at commencement. NOTE – ALL FURNITURE CAN BE OBTAINED SECOND HAND. 6 Beds 16 - 10 6 Mattresses 12 - 0 18 Blankets (new) 9 8 - 0 18 Sheets (?) 9 3 6 Pillows (?) 3 1 - 10 12 Pillow slips 6 18 - 0 4 Wardrobes 2 4 - 0 1 Kitchen table (large) 10 - 0 6 Kitchen chairs. 73 - 00 1 Kitchen Dresser or suitable cupboards 1 Refrigerator 1 Dining table 4,6 Dining Chairs 2 Lounge type Chairs. Sundry cheap rugs. - 130
3 Large cooking pots 3 Large frying pans 1 Ladle 1 Egg lifter 1 Large knife 1 Small Knife Cups, saucers, large, small plates, bowls, dishes etc. adequate for six people. 1 Large kettle 1 Large tea pot. 1 Large Coffee pot Sundry bottles tins etc. 1 Bread board 1 Bread knife Salt pepper and similar containers”
EXHIBIT B : Photos Nos. 4 to 19 of Exhibit B show in part, how the main house and the out- buildings at Rivonia were furnished. Photos Nos. 37 to 40 of the same exhibit again show, in part, how Travallyn was furnished.
WITNESSES: The Police witnesses Dirker, Swanepeol and van Niekerk testified as to how the cottage at Mountain View was furnished. Further to the provision of furniture and effects at Travallyn, see the evidence of Andries, L. Tuchman and R. Lowery summarised as witnesses Nos. 26, 28 and 29 respectively under GOLDBERG above, at pages 51 and 52. - 131
(ii) EQUIPMENT. (a) RADIO:
EXHIBIT R.1 – This exhibit headed “Carrying out of Orders” has the following on page 4:
“Tele C 4 Stations for civil prop. 4 Stations for communications. Total excl labour R5300. 5 Months 1 Technician + place. R50.”
EXHIBIT R 2 – Excerpts from this exhibit headed “SOME PROBLEMS OF THE PRESENT PHASE IN THE ARMED STRUGGLE” read as follows, at page 21:
“One further point. Not all our requests related to armaments. Normal equipment is also required, radio parts, radio, intelligence equipment, possibilities do exist for legal import to South Africa”.
And on page 32 :
“Radio communication specialists. They should also be instructors. 500 Hours.”
EXHIBIT R 4 – Headed “FIRST DISCUSSION C. LEE, MINISTRY OF DEFENCE, CHINA” has already been referred to. On one of the loose pages of this exhibit, page 42(126), the following is found: - 132-
“R.M. 8.00 p.m. - Southern Africa 9.00 p.m. 31 metre band) 10.00 p.m. 25 metre band) 4.5 mega cycles. 12.00 p.m. R.P. R. Cairo Monitor radio”.
On the reverse side of this page – page 43(127) – under the heading “SUPPLIES OF MATERIAL” provision on the list is made for “Gadgets for Intelligence”.
EXHIBIT R 9 – This is a piece of paper in the hand-writing of GOLDREICH and found in his car. This document provides under sub-paragraph (b) headed “INTELLIGENCE” :
“(i) tele-communications, radio and signals (ii) Map-reading.”
EXHIBIT R 28 – This is a power supply unit.
EXHIBIT R 29 – This is an aerial coupling unit.
EXHIBIT R 30 – This is a coaxial cable.
EXHIBIT R 31 – This is a roll of standard wire.
EXHIBIT R 32 – This is a practise Morse Key.
EXHIBIT R 33 – This is a one-page typed document found in GOLDREICH”s car on the day of the Police raid at Rivonia. The first part of this document reads as follows : - 133
“Data required from the U.K.: We require a number of transistorised modulators (6) and D.C. to D.C. converters (6). The specifications are as follows: Modulators (a) Operation from a 12 volt D.C. supply, (b) Undistorted output of 30 watts, (c) Crystal microphone input, (d) Modulating impedance 6000 ohms. Converters (a) Operation from a 12 or 24 volt D.C. supply, (b) Output of 600 volts at 150 mA (continuous)
If suitable transformers are manufactured in the U.K. please let us have full details, including circuit diagrams and data on heat sinks. The design should preferably make use of Mullard transistors and diodes. Further, if Valradio do not produce a 12 volt D.C. to 220 volt A.C., 50 c/a, 60 to 80 watt supply, please supply data on design based on a commercially produced transformer. We require 6.”
There follows then a number of references to text-books on Radio, as well as some addresses of companies associated with radio telegraphy
EXHIBIT R 71 – An extract from this exhibit headed “OPERATION MAYIBUYE” reads as follows at - 134 page (510) :
“(e) Arranging for radio facilities for daily transmission to the world and to the people of South Africa”.
EXHIBIT B – Photo No. 10 of this album of photos shows the various radio parts that were found in room No. 3 at Rivonia, whilst photos Nos. 24, 25 and 30 show the earth wire which was connected to the radio, as it was buried underground, and in the course of being recovered.
EXHIBIT MMM – This is a small note book found in the possession of the accused MLANGENI, and is a course dealing with the fundamentals of radio transmission.
WITNESSES: 1. R. SHELTON – An Engineer in the employ of the South African Broadcasting Corporation testified that exhibits R28 to R32 are component parts used in the construction of a small radio transmitting set. He added that the “Hallicrafter” is an American receiving set used by amateurs.
2. N. MINNAAR – The evidence of this witness, regarding the conveyance by GOLDREICH and WOLPE of a parcel on which he saw the world “Hallicrafter”, has been summarised above under the co-conspirator WOLPE – see above page 103. - 135
3. A number of Bantu employees at Rivonia testified to the cutting down, in all, of six trees and the erection thereof as radio masts, the connecting thereof with the radio by wire which was led behind the out-buildings and buried underground. There is also evidence that on one occasion a person was seen in the room which the radio was, wearing a set of ear-phones; whilst on another occasion one person stood in or just outside the same room talking, whilst a second person, some distance away, was wearing a pair of ear-phones.
4. C.J. DIRKER – He testified to finding six poles at Rivonia to the top of which was attached an accessory used for leading wires.
(b) WORK SHED.
EXHIBIT R 8 – This exhibit “REPORT TO THE HOUSING COMMITTEE” has already been referred to and page 4 deals with the workshop equipment under the heading “APPENDIX 2” and reads as follows:
“APPENDIX 2 WORKSHOP EQUIPMENT Workbenches to be made out of suitable timber 9” x 1½” and 3” x 3”
Woodworking 3 1 Rip saw 2 /8“ electric drill 1 3 1 Crosscut saw Set of BS drills /8“ to /8“ 1 Tennon saw Set of carbon drills “ - 136
1 Claw hammer (16 oz.) 1 Lathe attachment 2 Large screw drivers 1 Bench saw attach- 2 medium screw drivers Ment 2 rasps coarse 1 Bench saw attach- 2 rasps fine Ment 2 Chisels 1” 1 Portable saw 2 Chisels ½” Attachment 2 Chisels ¼“ 1 set lathe tools 2 Gouges ½“ 1 Sanding disc 1 Metal Metalworking 1 Sanding disc 2 Hacksaw 12” Rubber 24 Hacksaw Blades 12 Coarse discs 2 Hacksaw 6” 12 Medium discs 24 Hacksaw Blades 12 Fine discs 2 Files 12” rough cut 1 Bench stand 2 Files 6” three- 1 Grinding wheel corner Attach 1 Blow lamp 1 Drill press 1 Soldering iron 1 Tin flux Special 1 lb solder 3 Large double boilers 1 forge hand 2 Large gas rings Bellows or blower 6 Large wooden mixing and normal forging spoons. tools Large plastic bags Supply of coke for storage or sheet 1 Cupola suitable for making bags. for melting iron and steel 1 Handi-gas welding, cutting and soldering set Brazing rods - 137
2 Fencing pliers 2 pliers 1 Vice grip pliers flat jaws 1 Tin snips 10” handle
Electrical 2 Small screw drivers 2 Long nose pliers paint brushes turps General Alcolin wood glue Nails 1” 2” 3” 4” Screws as required, putty. 6 Carpenters pencils 1 50’ Steel tape 2 6’ Steel tape 2 3foot rules.”
This should be read in conjunction with paragraph 4(h) on page 2 of the same exhibit which reads as follows:
“(h) Workshop. The size of the lighting plant limits the size of the motors of power driven tools to 1 H.P. This is adequate for the driving of a wood turning lathe and tools such as
3 1 can be driven from a /8“ or /2“ electric drill. (See appendix for tools required)”
EXHIBIT T 36 – This is a two-page document headed “WORK SHED” and showing sketches with full specifications of the proposed work shed, including inter alia the provision of work benches.
(c) MACHINERY AND TOOLS
EXHIBIT R 8 – Page 4 of this exhibit makes - 138 - provision for the tools required and has already been referred to immediately above.
EXHIBIT T 1 – This is a detailed report headed “ORGANISATION OF LOCAL PRODUCTION REPORT TO LOGISTICS DEPARTMENT OF THE HIGH COMMAND” the opening paragraph of which reads as follows:
“The program set to the Local Production Committee contains some quantities of almost astronomical magnitude and at first sight appears almost incapable of fulfilment.”
This exhibit has already been referred to above – See PART I, pages 83 to 86.
EXHIBIT T 37 – This is a one-page document making monetary provisions for, inter alia, lighting, plant, tools, forge etc.
(iii) MOTOR VEHICLES.
EXHIBIT R 8 – The “Report to the Housing Committee” makes provision for transport in the following terms :
“(i) Transport. It is suggested that a vehicle such as a 3-ton or a 1-ton bakkie be purchased. Firstly to enable the personnel to carry out all their own transport requirements, thus eliminating the possibility of “the prying eyes” of - 139 -
delivery men penetrating our cover. Secondly, because it is in keeping with the nature of the “cover” we are attempting to establish. Cost will be of the order of R300-00 to R400-00.”.
EXHIBIT T 37 – This single page exhibit, already referred to, makes provision for an amount of R500-00 in respect of a ¾-ton truck.
EXHIBIT T 47 – This is a circular dated the 6th of June 1963, addressed “To the Board of Directors” and concluding with the slogan of the AFRICAN NATIONAL CONGRESS. Paragraph 10 thereof, under the heading of “TRANSPORT” reads as follows:
“(a) The Zephyr has been allocated to your Board of Directors so that you may be in a position to visit the various regions and branches in the Transvaal, as well as make week-end trips to the O.F.S. You are therefore fully in charge of it. (b) You should arrange for a trustworthy responsible custodian to garage it or keep it when you are not using it. The same custodian should only release it for the work of the Board. (c) You should also make it available to the Regions to undertake work in the area. (d) Your Board will be responsible for - 140 -
running and maintaining the vehicle by making use of the subs collected in the branches in the Transvaal. (e) We trust you will exercise a high sense of responsibility after this machine which has already cost so much to repair and is now in good condition.”
EXHIBIT T 55 – This is a four page document hand-written. On page 3, under the heading of “TRANSPORT” appears the following :
“We feel that we have not been taken in trust and confidence. We have proposed that the Region looks after the Zephyr. Without further notice, the Zephyr was given to people about whom doubts were raised in the Board. It served the Region for less than a week, it was smashed in the service of private interest. Neither the Region nor us could take the responsibility.
We are pleased to learn that the Zephyr will be placed at our service and The Volkswagen will be available to the Region”.
See also Exhibits R 149 (Also Exhibit AG), Exhibits R 182, AF, HH, KK, LL, YYY and AF.
WITNESSES: The witness Suliman, the owner of motor vehicles, his driver Piet Coetzee and the two - 141 - trainees from Cape Town, Jantjies and Rani, testified to the conveyance used from Johannesburg to the border, and made mention of a Zephyr motor car which accompanied them on occasions.
The witness Bruno testified to the Taunus motor van, N.D. 71093, shown on photo 34 of Exhibit B, which he said he found at Durban on his return from Johannesburg. I had been made available by the NATIONAL HIGH COMMAND to the REGIONAL COMMAND for use in the course of their activities.
Abel Mtembu referred to a Peugeot motor car which he first saw used by JOE MODISE, a co- conspirator, and thereafter by accused MLANGENI when he attended a meeting of the Johannesburg Regional Command. The witness Bambane, a trainee, testified that on the occasion when he arrived in Krugersdorp he as met by two men in a Peugeot.
Police Officer van Vuuren gave evidence that he stopped a Peugeot motor car at Zeerust, the occupants of which were accused MLANGENI and one MBATHA.
Finally, see photo No. 33 in Exhibit B, which is a photograph of a Volkswagen Kombi T.J. 142-838 which was found at Rivonia on the day of the Police raid and which witness Spies sold to GOLDBERG.
C. THE PROVISION OF FUNDS FOR FINANCING THE CONSPIRACY.
EXHIBIT R 13 – This is an eight-page typed document - 142 - headed “PAFMECSA” which has been quoted in full above (See pages 3 to 14). The fourth page, under the heading of “FUNDS”, reads as follows:-
FUNDS ( £10,000 from Nigeria. Definite promises ( £5,000 in Tunisia. from Senegal and ( £3,000 in Morocco - the Sudan. ( £7,000 on May Had previously ( 1st. discussed the ( £2,000 in Liberia matter with ( will be yearly Julius. ( £5,000 in Ethipia. ( All these monies were sent to C.R. in ( London. ( £2,778 sent home, ( £3,000 ( £10,000 from Nigeria. Money collection is a job which requires a lot of time. You must be prepared to wait. Position of our people pretty grim. OR. Xola Robert, Maindy, Raymong Kunene, Jimmy Radebe. Visit to Socialist countries has become imperative.”
EXHIBIT R 184 – This is a one-page typed document dated the 8th of June, 1963, found in possession of accused MHALABA.
EXHIBIT R 216 – This is a letter addressed by “C” - 143 - to “BAWOZALA” and deals with the collection of 3,900 Dollars in the United States of America for the purpose of “intensifying, expanding and consolidating the campaign to ensure the highest degree of success”.
EXHIBIT T 15 – Is a letter addressed to “Dear Walter” under date 19th of April, 1963. It has already been referred to above (see pages 26 to 27). It deals with an appeal for, and the collection of, funds in order “to go on helping until the Liberation movement succeeds in its purpose”.
EXHIBIT T 19 – Is a letter addressed by “JAMES” to “Dear Gambu” on the 17th of May, 1963. The fifth and last paragraph thereof reads:
“We have no money at all to run the oranisation. In the last three months we have relied on loans. At present we are unable to meet our expenses and the work is being held back. Please send about £10,000 immediately. Please acknowledge receipt of this per return to enable us to tie up preparation at our end properly”.
EXHIBIT T 21 – Is a letter written from Lusaka, Northern Rhodesia, by “Jack Malobile” to “My Dear Uncle” on the 22nd of May, 1963. The postscript thereto reads : “Fetch money from Basutoland”.
EXHIBIT T 22 – Is a letter addressed from London on the 23rd of May, 1963 by “M.T.B.” to “Dear Booth”. - 144 -
The second paragraph reads:- “DAR has requested us to inform you that an amount of £15,000 has been transferred to Dr. Letele and that we should ask you to immediately contact him for same”.
EXHIBIT T 25 – Is a letter under date 30th of May, 1963, addressed by “THUNDER” to “Dear O.R.”. Paragraph 11 reads as follows:
“FINANCE. (a) Time and again we have been making representations for money but there has been no reply from your end. We are finding it very difficult here at home and our work amongst the masses of the people is terribly handicapped. At the end of the month we shall have no choice but to lay off our organisers at a time when we should be increasing their number. Can we expect anything, and when ? (b) We have received some monies from certain countries. Could you please let us know which countries have been helpful so far since the return home of Madiba”.
EXHIBIT T30 – Is a single page document of which the following are two extracts:
“In brief, we are asking you to subsidise us by 50% in the affairs. It will amount to 23C per head at the maximum. The fare of a - 145 -
chartered is £1500 for 28. This therefore suggests to me that, we are going to depend on this, we shall have to send the 20 and 8. I do not know the usual charge. We can raise 20. This is the basis we have been working on. We shall try and get 8 more once we hear from you. I must stress that the quicker you give us the green light the more efficient we can deal with this. We have got no time left”.
“My heads in the Uni of N have asked me to appeal to you for a grant of £50 in order that we can run ourselves. We would like to publish our magazine, for an example, and do several other things”.
EXHIBIT T 35 – This is a three-page document in the hand-writing of accused MBEKI and has been dealt with above (see pages 56 to 59). Under paragraph 2 and the heading “External Mission Reports” appears the following in sub-paragraph (1)(c) :
“Promised £100,100 – was given £28,000. G M permit to send £14,000 which he did to London with instructions to send £10,000 home and £4000 to DAR”.
Under sub-paragraph (2) headed “Fund raising Mission – Mos, OR and D” appears the following:
“Felt too many missions, some of which seemed to have exceeded their mission. This more particularly so in Ch. (ii) In CS-R were awarded £110,000 of this - 146 -
£15,000 to Lesotho and £80,000 with one of Embassies. Balance still to be forwarded”.
EXHIBIT T 37 – This is a single page document already referred to, which makes provision for certain sums of money against certain times involving expenditure.
EXHIBIT T 54 – This is a two-page document. On page 1 certain amounts appear against Cape Town, Port Elizabeth, Durban and Secretariat and against other items involving expenditure.
EXHIBIT AM – This is a detailed list of bank notes found in the safe at Rivonia, which was dealt with above (see page 101).
EXHIBITS E, F, G, H, I and J – These are six schedules prepared by the Accountant C.W. Cox. They discose various amounts of money received from, and disbursed on behalf of, certain accused and co-conspirators.
WITNESSES: A number of Bantu witnesses testified that in addition to the subscriptions they were required to pay by reason of their membership of the organisations to which they belonged, they were also enjoined from time to time to raise funds by means of tea parties, concerts or in any other way they could think of.
In particular Bruno Mtolo testified that when - 147 -
MANDELA reported to the members of the NATAL REGIONAL COMMAND during July/August 1962, he disclosed that on his tour ourside Africa he had collected an amount of £30,000 and has been promised by some States that they would make available 1 per cent of their budget to enable the furtherance of the campaign in South Africa.
6. THE ACQUISITION OF EXPLOSIVES, ARMS and AMMUNITION, AS WELL AS “OTHER RELEVANT SUP- PLIES”, FOR THE PURPOSE OF SABOTAGE AND REVOLUTION.
EXHIBIT R 2 – This is a lengthy document headed ‘SOME PROBLEMS OF THE PRESENT PHASE IN THE ARMED STRUGGLE” and which has been fully dealt with above (see PART I, pages 44 to 48).
On the first page of the first portion of this exhibit appears the following under the heading “INFORMATION ON THE MANUFACTURE OF EXPLOSIVES, ETC.”:
“1. Plastic explosives. 2. Detonators and primers. 3. Fuses – time and electronic. 4. Hand grenades. 5. Time bombs. 6. Incendiary bombs. 7. Land mines. 8. Booby traps and other special devices.”
Pages 2 and 3 deal with the “INFORMATION ON THE CHEMISTRY OF EXPLOSIVES” “SUPPLIES OF - 148 -
DETONATORS, EXPLOSIVES AND FUSES” and “TRAINING PERSONNEL”. In addition, provision is made for the obtaining of some of the required explosives by raids on mines and quarry magazines or by way of purchase from persons who work there (see paragraph 6 on page 2(18). Excerpts from the second portion of this exhibit read as follows:
Page (20): “No problem of giving material. Considerable traffic of arms as normal trade. We don’t have any relations with Verwoerd Government in any way. So don’t care what he says. Safest and surest way, transfer of arms through country where they have normal relations. – Government agreement. Willingness of this Government to us. Government gives us their armaments and Soviet compensates. Most convenient Tanganyika. Negotiate with Tanganyika, not with Communists, it would be better to make A.N.C. officials conduct business with Tanganyika. Best person to discuss here – man near to us but not one of us. Transfer of armaments are found on high seas – difficult to speak of neutral waters. International regulation 3 to 12 miles, this is rather formal. We realise with techniques used to-day, the re-loading on high seas are located with very quickly. And here when discovered – serious - 149 -
entanglement, particularly for us and Comrades involved, general climate not favourable, e.g. becomes public knowledge when African State supports democratic movement in S.A. But if Moscow is involved – international ramifications.”
“The moment we legally transfer one box of arms destined for South Africa the South African Police will know”. Pages (21-22): “When one discusses with military personnel the questions are always how much of what you want. We then moved to a discussion ofwhat and how much. We agreed to present a memorandum and request for specified quantities of arms etc. This was done and left with the Soviet Comrades to be decided upon and discussed on our return.” Pages (33-57): “These 25 pages deal with the preparation of explosives and making of hand grenades and the demonstration of explosives. It incorporates a host of formulae and are freely illustrated with diagrams and sketches of various types of explosives”. (For a critical examination of this document see PART III, Section B, pages 1 to 5).
EXHIBIT R 3 – This is a book in the hand-writing - 150 - of GOLDREICH containing copious notes dealing with the demolition and the theory of explosives. It has been fully dealt with above in PART I, at pages 48 to 49. For a critical examination of this document see also below, PART III, Section B, pages 6 to 13.
EXHIBIT R 9 – This is a single page document found in the car of GOLDREICH an is in his hand- writing. It deals with, inter alia, the manufacture of fuses and the techniques pertaining to detonation. There is also reference to mine laying.
EXHIBITS R 45 AND T 11 – This is a document entitled “PRODUCTION REQUIREMENTS” which are set out in the following terms:
“The requirements have been set as follows: (i) AmNi 24 tons x 6 ………. 144 tons (ii) Al powder 1.2 x 6 ………. 21.6 tons (iii) Bl.Pd. 2.5 x 6 ………. 15 tons (iv) Anti per Min 8,000 x 6 ………. 48,000 (v) Gren 3,500 x 6 ………. 210,000 (vi) Time Dev. 250 x 6 ………. 1,500
It is understood that this programme is to be completed in 6 months. Allowing for time to get production under way it is estimated that 5 months of approx. 22 weeks will be available.
In the light of the net time available the programme becomes: - 151 -
(i) AmNi ………. 6.55 ton per week .. 1.1 ton per day (ii) Al pow ………. cannot be reasonably produced (iii) Bl.Pd. ………. 0.33 ton per week .. 0.055 ton per day (iv) AntiPMin ………. 2,182 per week … 364 per day. (v) Gren ………. 9,545 per week ………1,591 per day (vi) TimDev ………. 70 per week …. 12 per day.” These exhibits too have been fully dealt with above in PART I, pages to . For a critical examination of these exhibits see also below, PART III, Section B, pages 14 to 25.
EXHIBIT R 54 – This exhibit entitled “SPEAKERS NOTES” – a brief course on the training of organisers, has the following paragraph 2 under the heading of “METHODS OF ORGANISATIONS TO BE ADOPTED”. At page 15 (469):
“By seizing arms from the enemy we will expand Guerilla groups into Guerilla units and come into the open when the conditions are ripe.”
EXHIBIT R 71 – This is a document headed “OPERATION MAYIBUYE” and has already been referred to above. Excerpts from that document, appropriate to this heading, read as follows:
Pages (509): “3. Simultaneously with the landing of the groups of 30 and thereafter, there should be a supply of arms and other war material to arm the - 152 -
local population which become integrated with the Guerilla units. Page(511): “3. The preparation for equipping the initial force envisaged in 1 above will take place in three stages, thus:- (a) by importation of military supply at two levels: (i) build-up of fire arms, ammunition and explosives by maintaining a regular flower over a period of time. (ii) by landing additional supplies simultaneously with the arrival of our external force. (b) acquisition and accumulation internally of fire arms, ammunition and explosives at all levels of our organisation. (c) Collection and accumulation of other military supplies such as food, medicines, communication equipment etc.” Page (512): “(c) Points along the coast which would be suitable for landing of men and supplies and how these are going to be transferred from the point of landing to the area of operations.” Page (513): “2. External Planning Committee. Which shall be charged with the following tasks:- (a) obtaining of arms, ammunition and explosives and other equipment. - 153 -
(b) In co-operation with our internal machinery, making arrangements for their despatch of items in 1 above into the country. “5. Logistics Department – Technical and supply Committee. Its functions are:- (a) To manufacture and build up a stock of arms, ammunition and explosives from internal sources. (b) To organise reception, distribution and storage of supply from external sources. (c) - (d) Obtaining of all other relevant supplies necessary to prosecuted arms struggle, to wit, inter alia, medical supplies, clothing, food, etc., and the storage of these at strategic points.”
EXHIBITS R 87 and R 103 – The first exhibit is an incomplete portion of the second exhibit which is an incomplete portion of the second exhibit which is complete and deals with blasting.
EXHIBIT R 117 – This is a book dealing with coal mining explosives.
EXHIBIT R 159 – This is a price-list of various chemicals used in the manufacture of explosives. - 154 -
EXHIBITS R 189 to 196 – These sight exhibits were found at Rivonia and comprise various chemicals used for the manufacture of explosives.
EXHIBIT T 1 – This exhibit is headed “ORGANISATION OF LOCAL PRODUCTION. REPORT TO LOGISTICS DEPARTMENT OF THE HIGH COMMAND.” It has been fully dealt with above in PART I, at pages 83 to 86.
EXHIBIT T 2 – This is a four-page document bearing sketches and sepcifications of hand grenades and land mines.
EXHIBIT T 38 – This is a document dealing with the preparation of Picric Acid and Ammonium Nitrate complete with formulae.
EXHIBIT T 68 – This is a booklet entitled “EFFICIENCY IN MELTING”.
EXHIBIT T 70 – This is a booklet illustrating various moulding machines.
WITNESSES: 1. BRUNO MTOLO – The Technical Committee, of which he was a member, was required to make arms and also to manufacture incidental requirements, e.g. boots, similar to the pair of boots found at Travallyn – Exhibit No. 8.
Some time during April 1962 a magazine at Marianne Hill was broken into and a quantity of - 155 -
dynamite was stolen. This was taken to the home of GEORGE NAICKER where it was stored in a garage. Some of the dynamite contained in tins was later buried at Shellcross and at Clairwood Beach, also known as “The Bluff”. This theft of dynamite was in accordance with the instructions received from STRACHAN that they must steal Government arms and ammunition, dynamite and chemicals for the making of bombs in order to prepare them first for the Guerilla warfare and then the wholesale warfare to follow.
Some time thereafter JOE MODISE took some of the cartons of dynamite to Johannesburg. He also indicated that they could exchange dynamite for detonators. At a later stage the accused MLANGENI reported that they could “swop” dynamite for detonators of which Port Elizabeth had a surplus.
2. N.J. GROBLER – Detective Warrant Officer stationed at Durban confirmed that the magazine at Mariannehill had been broken into and a quantity of explosives stolen.
3. D. WESSELS – Detective Warrant Officer who testified that one the 7th of August, 1963, he went to Clairwood Beach, also known as “The Bluff” where four tins containing 102 sticks of dynamite were recovered.
4. ABEL MTEMBU – HODGSON taught him how to make black powder. HODGSON had with him three paper bags containing saltpetre, sulphur and charcoal. Following - 156 -
the directions given by HODGSON he made some black powder which was later used to sabotage chosen targets.
5. BENNETT MASHIYANA – About April 1963 he and Maziza visited a sub-station, near Westbank Location, which they had decided to blow up with dynamite to be obtained from one “Blues” who worked for the Divisional Council. Maziza told him that an expert in the use of the dynamite would be arriving from Port Elizabeth to instruct them.
6. E. MASHILOANE – Testified to a number of occasions where MOTSOALEDI brought parcels of dynamite which he housed in a garage attached to the S.K. Building preparatory to burying it in black painted tins underground nearby. He also testified to the purchase of dynamite from one Scotch Papi who worked on a mine. Finally, he handed a tin of black paint – Exhibit 9 – to Detective Bodenstein.
7. A. KOTZE and C. POSTHUMUS – These two Police officials testified to the recovery of eight assorted tins containing a variety of explosives which they found buried underground, about 1¼ to 1½ miles from the S.K. Building. These tins contained 344 sticks of gelignite, 4 sticks of dynamite, 17 percussion caps, 3 railway detonators, 60 feet of cordtex and 150 feet of fuse.
8. J. BODENSTEIN – He took Exhibit 9, being a - 157 -
tin of black paint which he received from Mashiloane and the two tins – Exhibit 10 – which he received from Detective Kotze, to the Bureau of Standards for examination.
9. M. VENTER – Official from the Bureau of Standards who examined the exhibits Nos. 9 and 10 and found that the constituents of the paint in Exhibit 9 and the paint on Exhibit 10 were of the same origin – see Exhibit CT.
10. The following witnesses, Todd, Smollan, Milburn, Lankenau, Ruff, Campbell, Mareveck, Levanos, Swanepoel, Hodes and Lowery deal with the acquisition of shooks, castings, blowers, cupola, cast iron and lighting units acquired on behalf of the Organisation for the purpose of enabling them to implement the terms of the conspiracy. Their evidence has been summarised under the head of “GOLDBERG” – see above at pages 45 to 49, 52 and 53.
7. THE RECRUITMENT OF PERSONS FOR INSTRUCTION AND TRAINING.
EXHIBIT R 1 – The document commencing with the words “Carrying out Orders. Excerpts from this document read as follows:-
Page 1(1): “Every member shall obey and carry out orders given by a member of a higher rank”. - 158 -
This is repeated on page 3(1). Page 19(10): “General (a) Use of telephones. (b) Post (c) Documents. (d) Codes. (e) Gatherings. (f) Training. (g) Production of propaganda. Distribution (i) Leaflets and pamphlets. (ii) Slogan painting. (iii) Recruitment.” Page 25(14) “Propaganda (a) Techniques (i) Mass organisation. (ii) Cell organisation. (b) Equipment (i) Toneo (ii) Stencils (iii) Posters” Page 26-27(14-15): “Physical Commando course (1) Manual exercises. (2) Judo training – Hand to hand combat. (3) Rope, tree and rock climbing. (4) Arms training. - 159 -
(a) Target practice 177 Stationery Moving Targets Firing positions (5) Making a trench. Anti mortar roof construction. (6) Map reading Compass reading night plotting (7) Forced Marches (8) Tracking (9) Crossing rivers (10) Simple bridge construction (11) Ammunition discipline Tactics Course Day and night Tactical games (i) Tracking (ii) Ambush (iii) Flank attack (iv) Rear attack (v) Defensive positioning (vi) Runner techniques. (Page – 27 -) Training in two sections (1) Ideological (2) Physical I believe physical secondary to Ideological “GUEVARA” best training in field. My own experience in Israel.” Page 27-28(15-16): The following books are Named for general study in the - 160 -
art of Guerilla Warfare and strategy, namely: GUEVARA on Guerilla Warfare – Exhibit R 6. BERT LEVY on Guerilla Warfare – Exhibit R 146 CLAUSWITZ on War – Exhibit R165. Book entitled “Games of Strategy its Theory and Application” – Exhibit R 167. MAO-TSE TUNG on Guerilla Warfare – Exhibit R178.
EXHIBIT R 2 – The first portion of this exhibit, comprising three pages, is headed “SOME PROBLEMS OF THE PRESENT PHASE IN THE ARMED STRUGGLE”. Of these problems to be discussed three deal with :
1. The organisation of the People’s Militia. 2. Training of the People’s Militia. 3. Training manuals with special reference to small arms and tactics. In the second portion of this exhibit the following extract appears on page (21): “Resolution adopted by Lobatsi Conference. As a result of Party’s policy seriously considered Algerian Training Camp. On page (32) appears the following under the heading “S.U.”” “Make special requests for training manuals on explosives, arms, tactics, security.” - 161 -
On the same page there further appears the following:
“Universal Specialist in Guerilla Warfare and Sabotage Activities. (1) Guerilla tactics. (2) Sabotage – use of explosives. (3) Manufacture of explosives and detonating and igniting devices. (4) Use of small arms. (5) Map reading. (6) Anti-guerilla tactics. (7) Enemy equipment.
EXHIBIT R 4 – This is a document headed ‘THE FIRST DISCUSSION WITH C. LEE MINISTRY OF DEFENCE, CHINA.” On page (105) appears the following under the heading “METHODS OF TRAINING”:
(i) Adopt mass lines. (ii) Commander and soldiers teach each other. (iii) Veterans teach new recruits. (iv) Practical demonstration. (v) Those who have already learnt teach those who haven’t (even applicable to tactics). (vi) One group practises while one watches for defects and vice versa. (vii) Patience must be used (viii) Demonstration with objects on the spot”.
EXHIBIT R 9 – This is a one-page document, in the hand-writing of GOLDREICH, found in his motor car - 162 - under the heading of “SPECIALISTS REQUIRED”. It records that: “First stage – May be met by Algerian training facilities Technical Intelligence”; and under the heading of “Second stage” appears the notes: “Company Commander, tactics and Medical”.
EXHIBIT R 11 – This is a document in the hand-writing of MANDELA headed “TARGET – SEVEN THINGS”. It has been fully dealt with above – see PART I, at page 56.
For a critical analysis of this document see also below, PART III, page 63 to 70.
EXHIBIT R 24 – This is a sixty-five-page document headed “STRATEGIC PROBLEMS OF CHINA’S REVOLUTIONARY WAR” with a sub-head “How to study war”. The following are extracts from this document:
Page 1: “The Laws of War are Developmental. Anyone directing a war must study the laws of war in general and solve problems connected with war. Anyone directing a revolutionary war must study the laws of revolutionary wars in general and solve problems connected with such a war.” Page 3: “Therefore, we must study the laws of war in general, we must also study the laws of revolutionary wars, and, - 163 -
finally, we must study the laws of China’s revolutionary war”. Page 5: “The aim of War lies in Eliminating War”. Page 6: “Strategy Studies the Laws of a Whole Military Situation”. Page 10: “The Important Problem is to be good at Learning”. Page 15: “Reading books is learning, but application is also learning and the more important form of learning. To learn warfare through warfare – this is our chief method”. Page 16: “War is the highest form of struggle between nations, states, classes, or political groups and all laws of war are applied by a nation”. Page 17: “The Chinese Communist Party and China’s Revolutionary War. Page 20: “The CP took absolute leadership in the war. This absolute leadership of the CP was the most important condition for resolutely carrying on the revolutionary war to the end”. Page 21: “What are the Characteristics of China’s Revolutionary War?” Page 22: “CP’s leadership and the Agrarian revolution”. - 164 -
Page 31: “Active Defence and Passive Defence”. Page 53: “Our strategy is “to put one against ten”, while our tactic is “to put ten against one”. This is one of the fundamental principles on which we beat the enemy”. Page 63: “War of annihilation.”
EXHIBITS R 46, R 230 and T 28 – This document headed “OUTLINES OF A SYLLABUS FOR A BRIEF COURSE ON THE TRAINING OF ORGANISERS” sets out its brief introduction under sub- paragraph (b) :
“Purpose for which they have been appointed – to organise M.K. units”.
EXHIBITS R 54, R142 and T 28 – This document headed “THE SPEAKER’S NOTES – A BRIEF COURSE ON THE TRAINING OF ORGANISERS”. Under “Introduction” paragraph (b) reads as follows :
“The purpose of your appointment is to see to it that you recruit the best element among the African youth into the ranks or even the vanguard of our Liberation Army – the cream – the defenders and the Liberators of our country. Thousands of young men in each region are urgently required. (For this reason you will be required to work according to a program to achieve your target”.
EXHIBIT R 71 – This is a document headed “OPERATION MAYIBUYE”, and extracts therefrom read as follows: - 165 -
Page (507): “The people are un-armed and lack personnel. We have been training all aspects of military operations. A proper organisation of the almost unlimited assistance which we can obtain from friendly governments will counter-balance each disadvantage”. Page (508): “We are convinced that this plan is capable of fulfilment, but only if the whole apparatus of the movement, both here and abroad, is mobilised for its implementation and if every member now prepares to make unlimited sacrifice for the achievement of our goal”. Page (510): Sub-paragraph (g): “Stepping up transport plans, e.g. a weekly or bi-weekly air-lift of trainees outside the country in order to maintain a regular, if small flow of trained personnel”. Page (513): “External Planning Committee. Which shall be charged with the following task:- (a) - (b) - (c) Obtaining of transport by land, sea and air for the landing of our task force and for the continued supply of military equipment”. - 166 -
“Transport Committee. This Committee is assigned the following duties: (a) The organisation of transport facilities for our trainees. (b) To organise transport for the re-entry of our trainees.” “5. Logistics Department – Technical and Supply Committee. Its functions are:- (a) - (b) - (c) To organise the training of personnel in the use of equipment referred to in (a) and (b) above.” Page (514): “Immediate duties of the National High Command in relation to the Guerilla Areas. (a) - (b) - (c) - (d) The N.C.H. is directed to recruit and arrange for the external training of at least 300 men in the next two months”.
According to PART II of this “OPERATION MAYIBUYE” at page (509) the following four areas are established:
(1) Port Elizabeth – MZIMKULU. (2) Port Shepstone – SWAZILAND. - 167 -
(3) North-Western Transvaal, bordering respectively Bechuanaland and Limpopo. (4) North-Western Cape – South-West.
This division of areas is co-related to PART IV dealing with internal organisation under paragraph 1 at page (511) which reads as follows:
“Our target is that on arrival the external force should find at least 7000 men in the four main areas ready to join the Guerilla Army in the initial onslaught.
These will be allocated as follows:- (a) Eastern Cape – Transkei 2000. (b) Natal – Zululand 2000. (c) North-Western Transvaal 2000. (d) North-Western Cape 1000”.
EXHIBIT R 97 – This is a booklet issued by the War Department entieled “BASIC FIELD MANUAL”.
EXHIBIT R 179 – This is a letter dated the 4th of July, 1963, addressed by “Phillip” to “Dear James” and the first paragraph of which reads as follows:
“Received yours. Despatch parcel as requested. There are difficulties about yours. The messengers faced with problems affecting these national groups as a result of new border controls. Do not know what to do. Will do best to solve it”.
EXHIBIT T 14 – This is a letter dated the 25th of April, 1963, addressed by “M.T.B.” to “Dear Booth. - 168 -
The fifth paragraph reads as follows: “Dar inform us that they will be in a position to charter for 25 students but insist that the students you intend sending should be qualified for entry into overseas universities. You will recall that this matter was raised in Lobatsi. When you are ready please advise us at least two weeks before so that delays are obviated and proper co-ordination ensured”.
EXHIBIT T 16 – This is a letter dated the 2nd of May, 1963, addressed by “Thunder” to “Dear O.R.”. Paragraph numbered 1 reads as follows: “About the students, we will be glad if you could inform us when they are required. If it is not urgent, we feel will be in a position to have them out by th e end of June”.
EXHIBIT T 18 – This is a letter dated the 15th of May, 1963, addressed to “Dear Friend”. It reads: “Thank you for your report. As you may have been informed we were supposed to have ready 28 students by the 10th instant. We have written to the benefactors to say we think we shall be ready with this consignment of 28 by the last week of June.
The fears you entertain about fellows being landed at Dar. Would not apply in this case because everything has already been tied - 169 -
up as to their destination.
We propose that we should allocate them as follows:- Transvaal 9 Natal 6 Transkei 1 Eastern Cape 6 Western Cape 6 28
Please advise us if you approve of the above allocation so that we may write to our contacts in these areas. Also if you have any ideas about any of these areas please let us know so that we may incorporate them when we write.
We shall indicate to the prospective candidates that each should bring R50-00. Let us hear from you before the week-end. Regards”.
EXHIBIT T 19 – A letter dated the 17th of May, 1963, written by “James” and addressed to “Dear Gambu”:
“1. It would appear that we did not grasp the import of your communication when you advised us to get ready a group of 28 matriculated students to be ready for an air-lift on the 10th or 12th instant. As a result we have worked at cross-purposes. 2. Two days ago we sent Percy to to Palapye, where he found the letter from you in - 170 -
which you stated we should prepare groups and keep them in B.E. and you would arrange to have them picked up there. 3. We wrote you from there and stated that the goods we now have already packed will be railed from L,ob via L on the 18th. 4. We now would like you to arrange to collect these consignments on the following dates:- 28 parcels on the 4th June, 1963. 28 parcels on the 11th June, 1963. 28 parcels on the 18th June, 1963. 28 parcels on the 25th June, 1963. 5. We have no money at all to run the organisation. In the last three months we have relied on loans. At present we are unable to meet our expenses and the work is being held back. Please send about £10,000 immediately.
Please acknowledge receipt of this per return to enable us to tie up preparations at our end properly”.
EXHIBIT T 20 – A letter written from London under date 21st of May 1963, by “M.T.B.” to “Dear Booth”, the last paragraph of which reads as follows: “There seems to have been a misunderstanding about ‘students’. Dar was referring to the Amadela-kufa and this has now been straightened out. The position as we understand from Dar is that they have arranged an air lift plane. - 171 -
This is to fetch the amadela-kufa from B.P. on that date and they request that you arrange for them to be in B.P. on that date without fail. This machine will carry 28 of them. Furthermore, Dar suggests that as many amadela-kufa as possible should be sent to B.P. before the 1st of July to beat the date-line on freedom of movement. They will be in a position to negotiate air-lifts and also devise other methods of transporting them without much delay. It appears, therefore, that numbers should not concern you very much in regard to clearance from B.P. These arrangements have been made by Dar in pursuance of your letter of April 3 in which you stress urgency in this regard”.
EXHIBIT T 21. – This is a letter addressed from Lusaka under date 22nd of May, 1963, addressed by “Jack Malobile” to “My Dear Uncle” reading:- “I am writing to inform you that of the 19 parcels you sent me 12 have been confiscated by the Department of Excise and the other 7 were captured but were later returned to me. Kindly treat this matter as urgent, my friends here are battling hard to get these parcels not to be sent back but be kept here until sufficient funds to pay for their release is found.
Your nephew”. - 172 -
EXHIBIT T 22 – This is a letter written from London under date 23rd of May, 1963, signed by “M.T.B.” addressed to “Dear Booth” of which the last paragraph reads as follows: “We have just received a cable from Dar advising us that 12 of our students have been arrested in Lusaka. We are again contacting M.P.’s to see what can be done in spite of the opinion expressed to you. In the meantime, kindly find enclosed copy of statement issued by the Federal Government”.
EXHIBIT T 23 – The letter dated the 24th of Mayl, 1963, addressed by “James” to “Dear O.R.”. It reads as follows: “This is to acknowledge yours of the 15th instant as well as to raise a couple of very important matters. 1. In a letter despatched last week we set out dates for the despatch of goods to the M.K. firm. Please urge Dar to let us know if they will arrange for the delivery on the dates. Parcels have already been made up at our end. 2. We have no doubt you have already learnt of the detention of some boys at Lusaka. We hope they will be allowed to proceed, or at worst be returned to B.E. Please arrange for pressure to be exercised from your end. - 173 -
3. In your letter it appears that Dar wants students for academic work. Very well, we shall get down to the organisation of such groups. But it is evident we must find some way of making ourselves clear to one another. 4. Other matters raised in your letter will receive attention in the course of the next few days”.
EXHIBIT T 24 – This is a letter dated the 28th of May (the year is not given) addressed to “Friends” and reading: “Thanks for your message I got to-day. So you will disregard my other report.
I would suggest the following allocations:- Transvaal 4 Natal 8 E. Cape 8 W. Cape 6 Transkei 2 28 You may be surprised at the drastic reduction of your Transvaal allocation. The reason is that I got another message to-day, that I have to communicate with you by the 30th. This made it impossible for me to contact the Committee here before I communicate with you. I can only meet the Committee on the 8th, because the teachers will be at an eisteddfod this Saturday. The position with us here is - 174 -
not clear to Committee but we can definitely raise the 4 candidates independent of it.
Kindly write to the other centres on the basis of the R50-00 on the above allocations if you approve. I shall write to Natal and E.C., but will not be harmful if you could confirm. Hope you are not forgetting transport arrangements to the airfields. I hope to hear from you soon. Regards”.
EXHIBIT T 25 – This is a letter dated the 30th of May, 1963, addressed by “Thunder” to “O.R.” of which the following are extracts:
Paragraph 3: Scholarships. (a) In your letter you mention that 20 students are returning home by the month end. We want clarification on this. Are these M.K. brothers (amadela-kufa) or students engaged in academic work? When they arrive at Dar they should be kept there until we have clarification when we shall give instructions. (b) Your letter of the 21st gives the impression that you do not want academic students and that you are making - 175 -
arrangements only for M.K. This seems to cut across your instructions in yours of the 15th in which you stated: “Dar has 27 scholarships for the year 1963-64”. We have accordingly suspended our arrangements for the 28 academic students until we hear from you. Please state definitely if you want students to take up scholarships to do academic work. If you do we shall send them early in July since we have had to call off the recruiting campaign for the others.
Paragraph 8 reads as follows: “M.K. and people abroad: There is a number of Africans abroad and we think facilities should be made available to them to join M.K. and train if they wish. Please study this matter, but we should not give the impression that students should abandon their academic work. We may make a more direct call at a later stage”. - 176 -
Paragraph 9 reads as follows: “Lusaka incident: We have received a a fairly comprehensive report from one of the men who evaded arrest and detention at Lusaka last week.
According to his report Sam did not meet them at the appointed spot, and as a result they had to arrange transport for themselves and thus became exposed.
We take a very serious view of this and would like to go into the matter immediately and take the necessary disciplinary steps after investigation.
We may add that it was after we had received the green light from him and a telegram to that effect that we sent away the boys to be met by him on the 20th or 21st”.
EXHIBIT T 27 – This is a letter dated the 19th of June, 1963, addressed to “Dear Friend. It reads as follows: “Thanks for the copy I received to-day. I was not aware of the changes of the financial requirements. I went to look for mail at that address and I found none.
I must say that we have been working, in the Transvaal, on the basis of at least 75% of the students should be Matriculants. - 177 -
We were unable to get responsible recruits who, are matriculated. Before Wellington went in we had two, but we had to cancel them because of unsatisfactory behaviour. I then prepared students who are still busy with their Matric. These are now ready to go. I have here 4 (four) students from Fort Hare and I doubt that they have got their certificates with them here, Though this was stressed to P.E. By word of mouth they are Matriculants these chaps have not got any money with them.
A suggestion was made by W.M.S. that we must try and get those who are here away to the Protectorates by train. This means that they must have visiting permits to that place. I was told that accommodation is fixed there. But there is one chap from Fort Hare who has not got a reference book which is needed for the purpose of the permit. Please let me hear from you if you approve of this arrangement, so that we can work on it from now on. They can leave as from the week-end in small groups of 4 or 3.
Finally, I would like to mention the fact that we have no petty cash to help people like the Fort Hare chaps with food. I have sent express letters to Natal and P.E. to let them know of the contents of your last note. Do we collect money from those who have brought any, and what do we do with it? Greetings”. - 178 -
EXHIBIT T 35 – This is a three-page document in the hand-writing of the accused MBEKI. Paragraph 2 under the heading “External Mission Reports” refers to:
(i) Algeria: (a) Training slow because of language problems. (b) 67 in Algeria”.
EXHIBIT T 66 – This is a book published in America entitled “KILL OR GET KILLED”.
EXHIBITS WW, CS and AE – An extract from this pamphlet is issued by the AFRICAN NATIONAL CONGRESS reads as follows:- “Umkhonto trains the youth. We are ceaselessly, thoroughly, training an army of liberation”.
EXHIBIT DH – This is booklet “ASSEGAI” under cover “Oliver Twist” has the following extract on page 25: “The struggle will be hard and long and will meet with reverses; only high morale, strict discipline and deep faith in ultimate victory will sustain the forces. In Cuba, a nucleus of 12 dedicated men – plus a Fidel Castro – were able to succeed. Physical and ideological training – Exhausting marches, target practice, map-reading - 179 -
courses – must prepare the men for the extreme hardships certain to be encountered before victory is achieved …”
WITNESSES:
1. CYRIL DAVIDS ) 2. CASWELL MBOXELE ) These two witnesses attended a camp at MAMRE during 1962 where they received training by way of lectures in free-hand exercises, first aid, use of field telephones, construction and working of the petrol engine, likewise a roneo machine, self-defence and political economy. Their training also included their having to listen-in to the news broadcasts and making notes thereon which was followed by a general discussion.
Finally, readings from various text-books took place, particularly text-books on Guerilla Warfare.
1. ALFRED JANTJIES ) 2. ISAAC RANI ) These two witnesses testified to having been recruited in Cape Town for the purpose of taking up scholarships outside Africa. They duly proceeded and eventually found themselves in Dabrazid in Ethiopia. There they were taken to a soldiers’ camp where they underwent a 3-month course in training which included the following subjects : First Aid, swimming, map-reading, compass-reading, hand grenades, bazookas, demolition, road blocks, Molotov cocktails, ambush, rope-climbing, hand combat, obstacle crossings, Jerry can - 180 -
bombs, mine bombs, booby traps, range finding, pistols, light machine guns, carbines, sketch drawing, broadcasting, construction of bridges, signals and use of bayonets. Both these witnesses on passing out were complimented by members of the A.N.C. en route back to South Africa and were reminded that their task, on returning to South Africa, was to teach others what they had been taught so that all of them could combine in their fight against the White man.
5. HARRY BAMBANI – He was recruited in the Eastern Province for the purpose of going, so he was told, to a school in Tanganyika, but he was not told what the nature of his tuition would be. He was warned that if he was not prepared to go he would be regarded as an enemy of the A.N.C. It was only when he, together with 36 others, had crossed the border that he learnt for the first time that they were going for military training in Tanganyika; en route they were arrested at Lusaka and eventually brought back to South Africa.
6. ESSOP SULIMAN ) ) 7. PIET COETZEE ) ) 6. ENGLISH TOLO MASHILOANE ) These witnesses testified to the assembly of young Bantu males at the Morabi Hotel and the S.K. Building at Orlando preparatory to being conveyed in motor vehicles to across the border to Bechuanaland. At - 181 -
some stage or other they were told that these recruits were crossing the border in order to receive military training. In all there were approximately ten such conveys of trainees numbering in the neighbourhood of 300.
9. NORMAN DONDASHE ) ) 10. PETER PEYESI ) These two witnesses from the Eastern Province attended the Lobatsi Conference where the speakers, particularly the accused MBEKI and TAMBO – a co-conspirator – impressed upon those in attendance the necessity of recruiting young Bantu males for military training across the border, so that they could, upon completion of their training, return to South Africa and in turn teach others what they had been taught, so that eventually they could all unite in the fight against the White man.
11. BENNETT MASHIYANA – Those Bantu males who volunteered to train as soldiers were styled “Amadela-Kufa” (meaning despisers of death). They were to be sent for military training to Algeria, Ethiopia and Tanganyika and were required, upon completion of their course, to return to South Africa fully equipped to commit acts of sabotage and to train others to do likewise.
12. ABEL MTEMBU – He was trained by HODGSON to make black powder which was to be used to destroy designated targets. His duties also included the - 182 -
recruiting of Bantu males, aged between 18 to 30 years, for military training in order to serve the cause of the UMKONTO WE SIZWE. He was instructed by accused MBEKI to meet expected trainees from Natal at Germiston on three specified dates during May 1963.
12. BRUNO MTOLO – From time to time he had been furnished with various books, including the book on Guerrilla Warfare by Guevara which he was required to study. He also attended various lectures, including lectures for higher education in Communism, and was told that the NATIONAL HIGH COMMAND were preparing further lectures as it was essential that they should know the history of their own people, as well as learn about the experiences of other nations from which they could gain valuable information for use in their own fight against the White people.
He was also given literature dealing with explosives by HODGSON.
In addition, he received personal instruction in the manufacture of explosives and weapons of destruction from the accused MOTSOALEDI, as well as from HODGSON and STRACHAN, both co-conspirators. In this regard see exhibits 1 to 5 which are samples of petrol bombs, pipe bombs, hand grenades and timing devices which he made according to the methods taught him by HODGSON and STRACHAN. From time to tiem he received instructions directly from the NATIONAL HIGH COMMAND or through the - 183 -
NATAL REGIONAL COMMAND that a number of recruits were required on specified dates for transport across the border in order to receive military training. He himself recruited a number of young Bantu males and on occasions accompanied them from Durban and Pietermaritzburg to Germiston Station.
On the occasion of his first visit to Rivonia he was instructed that by the end of July 1963, the A.N.C. must organise 200 volunteers, and that by the end of October 1963, 2000 volunteers from the rural areas had to be organised. He was told then that it was proposed to divide Natal into seven organisational divisions. He was expressly told that the volunteers were to be used in the service of the UMKONTO WE SIZWE.
Finally, he was detailed to go into the rural areas and to instruct other members of the organisation in the manufacture and use of explosives in accordance with the training he had received.
6. ACTUAL ACTS OF SABOTAGE.
EXHIBIT R 1 – This is the document commencing with the words “Carrying out Orders”. On page 24(13) the following appears under the heading of “SABOTAGE”: “(1) Roads (2) Bridges - 184 -
(3) Buildings. (4) Arm dumps. (5) Petrol dumps
EXHIBIT R 2 – This exhibit comprises two sets of documents. The following is an extract from the second document, to be found on page (32):
“Tasks of UMKONTO, first and second stage. (i) Sabotage of Government installations ) Urban (ii) Properties of Government ) Area Foreign and local capitalists (iii) Setting up of groups in rural areas. (i) Propaganda among people (ii) Intelligence information (a) Position of agricultural workers with special reference to the specific areas selected for regional command and possible future base areas. (iii) Sabotage of tele-communication, transport, roads, bridges, railway lines etc. Bantu authorities, est of separate states. Bantustans.
Immediate aims. We do not believe that sabotage alone can topple the Government but it can further isolate the White Government.
EXHIBIT R 71 – This is an exhibit headed - 185 -
“OPERATION MAYIBUYE”. Part V of this exhibit is headed “Detailed plan of implementation” and under a further sub-heading “1. Intelligence Department” the following appears:
“(e) Selection of targets to be tackled in initial phase of Guerilla operation with a view to causing maximum damage to the enemy, as well as preventing the quick deployment of reinforcements. In its study the Committee should bear in mind the following main targets: (i) Strategic roads, railways and other communications. (ii) Power Stations. (iii) Police Stations, camps and military forces (iv) Major industrial installations. (v) Irredeemable Government stooges.”
EXHIBIT R 86 – This is a series of newspaper clippings referring, in the main, to acts of sabotage that had been committed throughout the country the country over the week-end the 15th to the 17th of December, 1961. This exhibit has been dealt with in detail above, see PART I at pages 77 to 78.
EXHIBIT VV – This is a pamphlet issued by the AFRICAN NATIONAL CONGRESS and has been fully quoted above in PART I at page 117. Extracts from this circular read as follows: “Sabotage erupts every other week throughout the country, now here, now there”. - 186 -
“Sabotage and murders multiplied last year”. “Sabotage and murder will not cease”.
EXHIBITS WW, CS and AE – These exhibits are copies of pamphlets which were distributed, as admitted by Defence Counsel, throughout South Africa about May 1963. This exhibit, too, has been fully dealt with above in PART I at pages 90 to 92.
It mentions, inter alia, under the heading ‘UMKHONTO WE SIZWE that:
“We have struck against the White State more than 70 times (boldly yet methodically). We are trained and practised. We shall be more so”.
EXHIBITS OOO – This is a two-page document headed “UMKONTO WE SIZWE GREETS THE PEOPLE OF SOUTH AFRICA. A MESSAGE FROM THE HIGH COMMAND”. It has been dealt with above in PART I at page 141.
An extract on the second page of this document reads as follows:
“We do not believe that the acts of sabotage which we have carried out in the past year will, in themselves, crush White supremacy. We see this activity is only the beginning of a movement which will grow in size and scope and which will confront the State with a people able to resist its force and ultimately to crush it.
Our movement, led by those who belong to - 187 -
the most oppressed section of the population – the Africans – welcomes participation by members of all racial groups.”
EXHIBIT AD – This is a double-page poster issued by the Command of the UMKONTO WE SIZWE and dated the 16th of December, 1961. It has been dealt with above in PART I at pages 141 to 144.
The opening paragraph of this exhibit reads as follows:
“Units of UMKONTO WE SIZWE to-day carried out planned attacks against Government installations, particularly those connected with the policy of Apartheid and race discrimination”.
EXHIBIT DH – This is the April 1963 issue of “ASSEGAI” under the cover of “CHARLES DICKENS OLIVER TWIST” Extracts from the Editorial read as follows: “However, destroying means of communications is particularly valuable as it disrupts the Government, the enemy, and can on occasions prevent them from attacking and defeating us. Psychologically too, the mere fact that sabotage and Geurilla activity exists, creates panic and fear in the minds of the ruling class helps in the war of nerves. It also encourages the masses and serves to illustrate our potential strength”.
“Buildings, private or public, which belong to the Government, (whether individual homes or Pass Offices, etc.) or individuals who - 188 -
administer apartheid, that is, the enemy, our obvious and important targets”.
EXHIBIT DJ – Is the May 1963 issue of “ASSEGAI” under cover of “The World’s most famous short stories – pocket edition”. The following extract appears on page 33.
“Sabotage is an important revolutionary means but it should be distinguished from terrorism. Indiscriminate terrorism against groups of ordinary people is inefficient and can provoke massive retaliation. However, terrorism to repay the cruelty of a key individual in the oppressor hierarchy is justifiable but it must never be used to eliminate unimportant individuals whose death would accomplish nothing but invite retaliation”.
WITNESSES – A number of Police witnesses from all over the country testified to their personal investigation of the various acts of sabotage listed in Annexure B (with the exception of item 185) and reported on their findings at the scene of the crime. Amongst other things they found for example rubber gloves, similar to Exhibit 20, parts of plastic bottles – Exhibit 21, and a number of tins, some containing liquid and others aluminium powder. Exhibits 20 to 21 were recovered at the scene of Item 19 in Annexure B, in the course of which acts of violence one Peter Molefe, a member of the - 189 -
A.N.C. was killed, and another, Benjamin Ramotsi, also a member of the A.N.C., was severely injured.
With regard to the acts of sabotage committed the Police arrested a number of persons who were known to be, or who admitted they were, members of the AFRICAN NATIONAL CONGRESS and” or the UMKONTO WE SIZWE. Of these several have already been convicted.
Finally, the Police testified that the persons named in Annexure A as being agents or servants of the accused were again, to their knowledge, or admitted that they were, members of the same organisation. These agents and servants include perpetrators of acts of sabotage who were already convicted.
The following is a classified schedule of the 192 acts of sabotage committed – classified in accordance with the headings of the selected targets as given in PART 5 of “OPERATION MAYIBUYE” Exhibit R 71:
“STRATEGIC POWER IRREDEEMABLE MAJOR ROADS RAILWAYS STATIONS GOVERNMENT INDUSTRIAL AND OTHER STOOGES INSTALLATIONS. COMMUNICATIONS A. RAILWAYS. A. PYLONS A. BUILDINGS 73, 74, 76, 93 and PRIVATE 95, 104, 110, CABLES PERSONS 54, 55, 63, 111, 123, 134, 7, 12, 29, 45, 41, 58, 59, 70, 137, 135, 149, 156, 69, 71, 72, 60, 67, 101, 144 163, 167, 174, 89, 91, 107, 102, 112, Seven acts. 176, 181, 184, 115, 120, 113, 114, 189. 170, 193 122, 126, Twenty acts. Fourteen acts. 127, 128, 129 147, 155, 162 Eighteen acts. - 190 -
STRATEGIC POWER IRREDEEMABLE GOVERNMENT ROADS RAILWAYS STATIONS GOVERNMENT BUILDING AND OTHER STOOGES BUILDINGS. COMMUNICATIONS B. TELEPHONE B. SUB-STATIONS A. POLICE GOVERNMENT CABLES AND AND HOUSES. BUILDINGS BOOTHS. TRANS- 47, 50, 61, 18, 24, 25, 4, 5, 6, 8, 9, 10, FORMERS 66, 68, 182, 26, 40, 39, 11, 34, 36, 37, 14, 15, 32, 192. 57, 75, 79, 53, 62, 65, 86, 82 Seven acts. 84, 105, 87, 88, 90, 92, Four Acts. 106, 143, 94, 96, 97, 98, 148, 166, 99, 100, 103, 171, 175, 108, 109, 116, 180. 118, 119, 121 Eighteen acts. 125, 132, 136, MUNICIPAL 139, 140, 141, BUILDINGS 142, 145, 150, 13, 16, 17, 151, 152, 153, 19, 23, 28, 157, 158, 160, 30, 51, 77, 161, 164, 165, 78, 80, 117, 168, 169, 172, 124, 138, 173, 178, 179, 154, 187, 186. 188, 191, Fifty Six Acts. Twenty One Acts. C. POST BOXES GOVERNMENT 1, 2, 3, 33, 42, VEHICLES 43. 38, 130 Six Acts. Two Acts D. RADIO MASTS. OTHER BUILDINGS 64. VEHICLES E. POST OFFICES 21, 31, 54, 20, 22, 27, 35, 44, 55, 56, 63, 81, 83, 133, 159, 85, 137, 146 183.Ten Acts. Nine Acts. - 191 -
BRUNO MTOLO – This self-confessed saboteur from Natal testifies to the commission of 28 acts of sabotage, the majority of which he personally committed. The remainder were reported on by his co-conspirators of the NATAL REGIONAL COMMAND. As already pointed out these acts were committed under direction of the NATAL REGIONAL COMMAND who in turn received their instructions from the NATIONAL HIGH COMMAND at Rivonia.
ABEL MTEMBU – This witness, a member of the JOHANNESBURG REGIONAL COMMAND testified to the reports made to that Command with regard to five acts of sabotage committed under the jurisdiction of the JOHANNESBURG REGIONAL COMMAND.
ENGLISH TOLO MASHILOANE – The herbalist, practising and living at the S.K. Building, Orlando, testified to reports he had received from accused MOTSOALEDI with regard to four acts of sabotage.
REGINALD NDUBE – This witness from the Eastern Province testified to his participation in the manufacture of bombs which were used with success, and refers in particular to three acts of sabotage. One of these acts resulted in two young Bantu girls being severely burned, one of whom eventually died as a result of the injuries received.
BENNETT MASHIYANA – Also from East London, testified to the commission of two acts of - 192 - sabotage as reported on by members of the organisation.
JOHN TSHINGANA – The taxi-driver from Port Elizabeth testified to the commission of two acts of sabotage.
PETER NOVOMBU – This witness from Port Elizabeth testified to two acts of sabotage in the commission of which he personally participated.
NORMAN DONDASHE – This witness, also from Port Elizabeth, testified to a single act of sabotage in which he himself took part.
The afore-mentioned witnesses testified that they were members of the AFRICAN NATIONAL CONGRESS and/or the UMKONTO WE SIZWE on whose directions and command the various acts of sabotage were committed.
The two explosive experts, CRUYWAGEN and VAN DIJK, testified to their personal examination at the scene of crime in respect of 19 of the acts of sabotage in Annexure B. They detailed their findings, which included explosives (in some instances which did not go off) and various component parts and substances, as well as accessories, all of which corresponded to the specifications detailed in the documentary exhibits handed in, and conformed to the oral testimoney of several witnesses who related how they were instructed to manufacture explosives - 193 -
and did in fact do so.
Cruywagen further testified that the diagrams and sketches, as well as the formulae and specification, found in various documentary exhibits, and dealing with the manufacture of explosives and weapons, are all technically correct and effective.
Finally, that other non-documentary exhibits found at Rivonia, e.g. R 189 to R 196, are substances that could be used for the manufacture of explosives and weapons.
9. THE FURTHERANCE OF THE AIMS AND OBJECTS OF COMMUNISM
This section relates to Count 3 of the indictment and has been dealt with in the preceding pages. The conspiracy to commit acts of sabotage (Count No. 2) and the actual commission of the acts of sabotage, in furtherance of the conspiracy (Count 1) fall within the ambit of Communism as defined in Section 1(ii)(b) of Act. No. 44 of 1950, as amended, and thus also constitutes a contravention of Section 11(a), read with Section 12 of the same Act. The definition in question reads as follows:
“Communism means …………… in particular, any doctrine or scheme which aims at bringing about any political, industrial, - 194 -
social or economic change within the Republic by the promotion of disturbance or disorder, by unlawful acts or omission or by the threat of such acts or omissions or by means which include the promotion of disturbance or disorder or such acts or omissions or threats”.
10. THE RECEIPT AND EXPENDITURE OF MONIES FOR FURTHERING THE AIMS AND OBJECTS OF THE CONSPIRACY
This relates to Count No. 4 and has also been dealt with above under paragraph 5(C) which deals with the provision of funds for financing the conspiracy. (See pages 141-147).
COLLECTION NAME: Rivonia Trial Collection COLLECTION NUMBER: AD1844 ITEM NUMBER: A30a2 Part II: The persons who were parties to the conspiracy and the DOCUMENT: implementation thereof
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This document is part of a private collection, the Rivonia Trial Collection, donated to Historical Papers at The University of the Witwatersrand, Johannesburg.
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