W itness toi story at 5 ;tr ia ls \ i n -BERRANGE PRETORIA REPORTER A STATE witness at the Rivonia trial, Essop Suli- man, gave evidence on the same facts at five different trials and the police must have been aware that he changed his evidence as he went along, Mr. Berrange said yesterday in the Supreme Court, Pretoria. ~ Addressing the court on the Strange case against Ahmed Mohamed The judge said Mhlaba had a Kathrada, Mr. Berrange said the strange alibi, in that he denied police had taken Mr. Suliman that he had been in Port Eliza­ from place to place to give beth in December, 1961, but re­ evidence in trials involving the fused to tell the court where dispatch of recruits for military he had been at that time. training outside South Africa. Even though he could have in­ For this reason it was evident criminated himself in another of­ that the police must have known fence if he admitted that he had about the discrepancies in his been overseas, the offence would evidence from trial to trial. have been trivial compared with the present charge. Scorn Because of his unwillingness to This led him to wonder if there take the court into his confidence were not some Justification fpr should his evidence not be dis­ toe scorn Bernstein had expressed regarded? for evidence given in the present Mr. Berrange said that the trial. lesser offence was far from Mr. Berrange said he had some trivial and an accused could not difficulty ip speaking with re­ be expected to weigh the penal­ straint on Mr. Suliman’s evidence, ties attaching to the two offences. but at the least he was an out­ rageous liar, a stranger to the Active truth If In fact Mhlaba had been Mr. Suliman’s case was one of overseas, there was his own evi­ the instances in which it was clear dence that he had been an active that a witness had come to court worker for the African National to tell a story he had learnt be­ Congress, and there was noth­ forehand, forgotten it, and then ing to show that his trip over­ remembered parts of it as he gave seas had anything to do with the evidence. affairs of Spear of The Nation. Not only had Mr. Suliman been The judge said it was unneces an accomplice, but he had also sary to address him on the been a 90-day detainee and had question of the guilt attaching therefore given his statement to the accused because of their under duress. membership of the Communist In these circumstances his Party as it had not been proved evidence would have to be treated that any of them were members with the greatest circumspection. of the Communist Party execu­ tive. Warfare Argument will continue on Mr, Justice De Wet said it was Tuesday* his prima facie opinion that the meeting called at Lillieleaf Farm, r ' Rivonia, for the afternoon of July 11, 1963, was for the purpose of discussing guerrilla warfare and not to discuss the plight of 90-day detainees. In his opinion Kathrada and Bernstein had gone to Lillieleaf Farm because they were to havej been consulted on the guerrilla warfare project.* The mere fact that they were to have been consulted on the guerrilla warfare project, however, , did not necessarily mean that they had been parties to the conspiracy alleged by the State. In fact there was no evidence to suggest that Kathrada had been a party to the conspiracy. Mr. Berrange said no documents before the court connected Ray­ mond Mhlaba with either Spear fof the Nation or the National High Command. A ~ c - r A c t ^ STATE ,WITNESSES vy i ______Durban saboteur’s evidence “not reliable” The Star’s Pretoria Bureau 'JpHE DEFENCE submitted in the final stages of argu­ ment in the Rivonia sabotage trial today that the evidence of the four most important State witnesses was 46 not entirely satisfactory.” Mr. A. Fischer, Q.C., handed in a list of conces­ sions made by the defence and Mr. A. Chaskelson then examined in detail the evidence of the four witnesses concerned, starting with the Durban saboteur Mr. X. Mr. Chaskelson said Mr. X was an unreliable witness who at times gave conflicting evidence and was adept at getting out of Six admit difficulties under cross-examin­ ation. Mr. X’s evidence should be guilt treated with caution, he said, for several reasons. The defence conceded in written admissions today that He was an accomplice. He six of the accused are guilty on knew the whole workings of the various counts of the indictment sabotage organization in Durban, Govan Mbeki is admitted to and could therefore give a ring be guilty on all four counts. of truth to his evidence. He had a strong motive to Nelson Mandela and Walter give evidence that he thought Sisulu are admitted to be guilty would please the authorities. on counts two, three and four. Denis Goldberg and Andrew NOT AN ACCUSED Mlangeni are admitted to be “ He wanted to be a witness guilty on counts two and three. and not an accused,” Mr. Chaskel­ Elias Motsoaledi is admitted son said. “ He was prepared to to be guilty on counts one, two make a statement to the police, and three. knowing it could not be used The defence has said there is against him, but was not prepared considerable overlapping of the to make a statement to a magis­ counts, but has submitted that trate.” count two is the major one. Another reason why his evi­ This count, the defence says, dence should be treated with sets out a general conspiracy, m caution was that he had been a j which, it is alleged, the accused 90-day detainee. recruited and trained men for Mr. Chaskelson then gave guerilla warfare. specific examples of what the No admissions have been made defence considered discrepancies on behalf of three accused. They in Mr. X’s evidence. are Ahmed Kathrada, Lionel Mr. Fischer said that by the Bernstein and Raymond Mhlaba. admissions they had made, the accused were prepared to accept responsibility for anything flowing from these admissions. Thus the evidence they had given should be regarded as truthful. “Why should they lie about small things when they have made such major admissions?” Speaking of the failure of the accused to answer some questions under cross-examination, Mr. Fischer said they had no alter­ native. “If a witness has a good reason not to answer questions, then it greatly weakens the inference that can be drawn from the failure to answer, particularly if the witness does not want to tell an untruth.” Verdere erkennings in & Kwonia-saak\ O • • I Y MEEN om op 11 Junie uitspraak in die Rivoniasaak te gee, het regter-president H Q. de Wet gister in die Pretoriase Strafhof gese toe hy die saak tot di6 datum verdaag het. Die verdediging het gister sy Mlangeni het erken dat hy Hy het gese die proklamasies betoog van *n week afgesluit na sedert Maart 1963 as bood- verklaar dat Umkonto en die verdere erkennings namens ses skapper vir Umkonto opgetree African National Congress die- van die beskuldigdes, waama het en dat hy in April 1963 *n selfde organisasie is. Feite wat dr. P. Yut'ar, S.A., adjunk-proku- boodskap van die High Com­ teen die een organisasie bewys reur-generaal van Transvaal, sy mand na Durban geneem het is, is ook teen die ander bewys. repliek afgehandel het. Die hof Hy het ges& dit beteken dat het sowat ’n halfuur later as ge- Kathrada en Bernstein, wat vol­ woonlik gesit. gens horn erken het dat hulle Die saak het in Oktober verle- Beskuldigdes die A.N.C. gehelp het, aandadig de jaar die eerste keer gedien. Die beskuldigdes is Nelson word aan die dade van Umkonto. Mandela, Walter Sisulu, Den­ Toegeuings nis Goldberg, Govan Mbeki, Getuienis Volgens die toegewings wat Ahmed Kathrada, Lionel Bern­ skriftelik ingedien is, is Govan stein, Raymond Mahlaba/ Elias In verband met die kwessie Mbeki ingevolge sy eie getuienis Motsoaledi en Andrew Mlan­ van die stawlng van getuienis skuldig aan al vier die aanklagte, geni. het hy ges§ dat ’n getuie se Nelson Mandela en Sisulu aan getuienis gestaaf kan word as aanklagte 2, 3 en 4, Dennis Gold­ Hy ontken die getuienis van *n beskuldigde onbevredigende berg aan twee en drie, Elias Mot- drie getuies dat hy in 1962 in getuienis lewer of die omstandig- soaledi aan aanklagte een, twee Johannesburg was en deelge- hede sodanig is dat dit agterdog en drie en Andrew Mlangeni aan ' neem het aan die versteking wek. aanklagte twee en drie. van dinamiet en die vervoer van As die hof besk. Mahlaba se Die verdediging voer aan dat kwekelinge. getuienis verwerp, sal dit be­ Ahmed Mohammed Kathrada, In sy repliek het dr. Yutar teken dat die getuienis gestaaf Lionel Bernstein en Raymond sekere proklamasies en ’n aantal word dat hy sabotasie gepleeg Mahlaba op al die aanklagte on- hofuitsprake ingedien. het, het hy ges£. skuldig is. Aanklagte Die eerste twee aanklagte in die klagstaat staan in verband met sabotasie, die derde is dat die beskuldigdes die doelstellings van die Kommunisme bevorder het en die vierde dat hulle geld | ingesamel en bestee het om sabo­ tasie te pleeg. In verband met die beskuldig­ des ten opsigte van wie die er­ kennings gedoen is, voer die ver­ dediging nogtans aan dat sekere getuienis teen hulle onwaar is. Volgens die erkennings het Mandela in sy verklaring voor die hof erken dat hy een van die stigters was van Umkonto We Sizwe, dat hy militere oplei­ ding ondergaan het, dat hy reelings getref het vir die mili- tfcre opleiding van Umkonto- werwelinge en dat hy geld vir Umkonto ingevorder het. Goedgekeur Sisulu het in sy getuienis erken dat hy dit goedgekeur het dat lede van die African National Congress Umkonto stig en dat hy lid was van die nasionale sekretariaat van die A.N.C., wat die buitelandse korrespondensie van Umkonto behartig het. Hy was nie lid van die National High Command van Umkonto nie, maar is op hoogte gehou van sy besluite en het soms ver- gaderings van die High Com­ mand bygewoon. Gtoldberg het in sy getuienis erken dat hy Travallyn gekoop en gemeubileer het, dat hy na- vrae namens Umkonto gedoen het en dat hy *n kamp by Mamre in Kaapland gehou het. Hy ont­ ken egter dat dit *n kamp vir die opleiding van guerrillas was. Sabotasie Mbeki het erken dat hy sedert April 1963 *n lid was van die High Command van Umkonto en dat hy sedert Januarie 1963 die lid was van die sekretariaat ; van die A.N.C. wat die buite­ landse korrespondensie van Um­ konto behartig het. Hy ontken egter dat hy in Desember 1961 aan dade van sabotasie deel- geneem het en die voor gegrawe het waarin die lugdraad van die radiomas by Rivonia opgerig was. Motsoaledi het erken dat hy lid was van Umkonto, asook van die tegniese komitee van die Johannesburgse streekbevel, dat hy in verband met sekere sabo- tasiedade, deur ander persone gepleeg, aan Jack Hodgson ver- slag gedoen het en dat hy ge­ help het met werwelinge wat uit die land gestuur is. TO

| | gGUILT j ON 2 CHARGES PRETORIA REPORTER CIX of the accused at the Rivonia trial were guilty, A messenger ^ on their own statements or evidence, of at least Mlangeni admitted consenting two of the four charges against them, according to to Decoming a messenger for concessions in writing handed in by Mr, A. Fischer, umkhonto and acting in that capacity. Q.C., leader of the defence team, at the trial yester­ tiB admitted being party to the day. The Judge President, Mr. Justice De Wet, said negotiations for the transport of recruits and to making a payment he hoped to give judgment on June 11 and for subsistence to a member of adjourned the court until then. Umkhonto. The concessions made by the In making these concessions, defence were that Mandela, Sisu- the defence said that in each of lu, Goldberg, Mbeki, Motsoaledi the six cases there were points and Mlangeni were guilty on the of State evidence which were second charge of sabotage and a THE ACCUSED still at issue. contravention of the Suppression THOSE before the court Mr. Fischer said there had been of Communism Act. are Nelson Mandela, considerable “smear” by the In addition, Mbeki and Mot­ Walter Sisulu, Dennis Gold­ State. Evidence of this type, soaledi were guilty of the first berg, Govan Mbeki, Ahmed which was relied upon, was sabotage charge and Mandela, Mohamed Kathrada, Lionel found on anlysis to have little Sisulu and Mbeki were also guil­ Bernstein, Raymond Mhlaba, or no bearing on the facts at ty of the fourth charge of con­ Elias Motsoaledi and Andrew issue. ' travening the Criminal Law Mlangeni. Amendment Act. They face two charges of Assurance In terms of the concessions, sabotage involving 192 counts, Mr. Justice De Wet said this Mbeki, on his evidence, was guil­ one of contravening the cut both ways as, for instance, ty on all four charges. Suppression of Communism attempts had also been made to No concessions were made in Act and one of contravening “smear” the Government. the case of Kathrada, Bernstein the Criminal Law Amend­ He gave the assurance that and Mhlaba. ment Act. he would not allow any “smear” The State alleges thatther, uo innuence his decision. A founder together with others named Mr. A. Chaskelson, for the in the indictment as co­ defence, urged the court to treat According to the concessions, conspirators, planned the the evidence of Mr. X, the State’s Mandela stated he was one of overthrow of the .Government main witness, with the utmost the founders of Umkhonto we by revolution and by assisting caution although, because of his Sizwe (the Spear of the Nation), an armed invasion of South position on the Natal regional that he was a member of -the Africa by foreign troops. command of Umkhonto, he was national executive of the Afri­ Dr. P. Yutar, S.A. deputy able to give a lot of his evidence can National Congress, that he Attorney-General, with him “the ring of truth.” had arranged for the military Mr. A. J. Krog, Mr. T. B. He w^as an accomplice and the training of recruits, undergone Vorster and Mr. E. Klusman, courts were warned to treat an military training himself and so­ are appearing for the State. accomplice’s evidence with cir­ licited financial aid for Umkhon­ Mr. A. Fischer, Q.C., with him cumspection. to. Mr. V. C. Berrange, Mr. G. Mr. Chaskelson said that in He stated he had requested the Bizos and Mr. A. Chaskelson addition Mr. X would have had A.N.C. to assist Umkhonto to (all instructed by Joel Joffe) every incentive to give the transport recruits and approved are appearing for the accused. authorities information which the decision of the A.N.C. to would enable him to appear in allow its secretariat and external court as a witness and not an missions to assist Umkhonto. camp at Mamre in the Cape, accused. Mandela said he had reported although he disputed what was on his trip abroad to his col­ alleged to have been said to the A detainee leagues both of the A.N.C. and campers. Filially, Mr. X, had been a 90- Umkhonto. day detainee and remained a S'sulu told the court that as a Correspondence detainee until at least the con­ member of the national executive clusion of his evidence. As such of the A.N.C. he approved the Mbeki admitted being a mem­ he was subject at all times to decision which allowed A.N.C. ber of both the national executive interrogation an d to th e members to form Umkhonto. and the national secretariat of suggestions of his interrogators. the A.N.C. and in this latter He asked the court to dis- ' A .N .C . aid capacity, had attended to external regard the entire evidence given 1 He said he had agreed with correspondence for Umkhonto. by Mr. X, which was not the decision to allow the A.N.C. He had agreed to the A.N.C. corroborated. secretariat and external missions decision to allow its external mis­ Replying on points of law, Dr. to assist Umkhonto and had been P. Yutar, for the State, said that sions and its secretariat to assist legislation enacted and promul­ a member of the secretariat Umkhonto in transporting recruits. gated in 1963 equated the A.N.C. which attended to external cor­ Motsoaledi admitted being a and Umkhonto we Sizwe. respondence for Umkhonto. member of Umkhonto and a mem­ In his opinion this had the Sisulu, on his evidence, was ber of the technical committee o£ effect of making all people who not a member of the High Com­ the Johannesburg regional com­ worked for the A.N.C., workers mand but had on occasion atten­ mand . for Umkhonto we Sizwe in law. ded its meetings and taken part He said he had known of ex­ This applied particularly to in its deliberations. plosions caused by Umkhonto and Kathrada and Bernstein, who had j Goldberg admitted carrying relayed information on explosions admitted working for. the A.N.C. ; out a series of inquiries for The court adjourned to June 11. j Umkhonto, purchasing and furni­ which he obtained from the people shing the hideout at Travallyn who caused them. and buying a vehicle for this Motsoaledi also assisted in hideout. accommodating recruits in transit. He also admitted running the R v y o /\r /A s u o .y,2.55m LlJklT^w ords f By DICK RICHARDS VJ^HEN the Judge-Presit lent, Mr. Justice De Wet^ gives judgment in the Rivonia trial next Thursday, eight months vdll have passed since the accused first appeared in court on October 9. , Since then the court has been in session for 86 days and a court disused jury box. record totalling 2.55m words has A coterie of “regulars” in the been taken by a team of steno­ public galleries, White and non- graphers. White, has sat through the trial The State has called 173 wit­ straining ears to hear in a court nesses from Cape Town, Johan­ where judge and counsel, separ­ nesburg, Durban, East London, ated by a few feet, have had diffi­ Port Elizabeth and Ladysmith. culty in following each other. The defence has called 11 wit­ No less than nine advocates, nesses, the nine accused — six four of them senior counsel, have of whom gave evidence under appeared for the defence, although oath,' and three made statements the greatest number of defence from the 11-man dock specially advocates at any one time has been five. constructed for the trial — and It has been estimated that in two others. normal circumstances, where two Hepple fled senior and two junior counsel The number of accused was have been briefed for a trial originally 11, but Alexander Bob which has lasted 'for as long as Hepple, after charges against him this has, costs to the accused were withdrawn and he was to would have been in excess of have given evidence for the State, R60,000. fled the country. James Kan tor, What the cost has been to the a Johannesburg attorney, was State it is impossible to say. With discharged during the State case. the Deputy Attorney-General, Dr. After the first court appearance Percy Yiitar, leading, the State of the accused, six of whom were team has never consisted of less arrested by the police during the than four senior men. raid on Lillieleaf Farm, Rivonia, on July 11, the hearing resumed Comparison on October 29 and Mr. Justice De To this must be added the cost Wet, after hearing an applica­ of bringing witnesses hundreds of tion, quashed the indictment the thousands of miles, providing a next day. squad of uniformed policemen A new indictment was served who have guarded all entrances on November 12 which the judge to the court and its precincts, upheld on November 26, after and the cost of keeping a group hearing further argument. of members of the security During the trial bail applica­ branch in constant attendance in tions on behalf of Kantor and court. Bernstein were heard by the court. By comparison with the activ­ Kantor made three applications. ity which went on in ’the Palace Evidence was first given on De­ of Justice while the Rivonia tria1 cember 3, and except for adjourn­ court was in session, the building ments during the Christmas period now seems almost deserted. Newsmen and spectators have and after the end of the State had to seek drama in other case, the court’ has sat more or courts and policemen have less continually since then. become a rarity, but livelv specu­ lation has arisen over the pos­ Waxed, waned sible outcome. i Attendance at the trial has It cannot yet be said with cer­ 'waxed and waned with the an­ tainty that the trial is over ar nouncement of various dramatic Mr. Justice De Wet, when he developments, but scarcely a day adjourned the hearing on Tues­ jhas passed without foreign obser­ day, said he “hoped” to be ready vers or local V.I.P.S sitting in the to give judgment on June 11. . , S o e a r w e r e " K P m . linked'—judgef • 12- ► b r x - i * i PRETORIA REPORTER rPHE African National Congress was Communist-dominated and had at all * times retained the political guidance of the Spear of the Nation, the Judge President, Mr. Justice De Wet, said yesterday when he found seven’ of the nine accused at the Rivonia trial guilty as charged. Of the remaining two, Ahmed Mohamed Kathrada was found guilty only of the second charge against him, and Lionel Bernstein was acquitted, i Bernstein was immediately re-caution, especially evidence im- arrested on a charge that he had plicating an accused., It was conceded that about 300 broken his banning order on July Much of their evidence was not recruits had been sent for train­ 11 last vear. denied and it was only on dis- ing in other African countries. Those guilty of all four puted questions that the court Prom the evidence of two who charges against them are Nelson had to decide whether to accept had been trained, it appeared Mandela, fa lte r Sisulu, Dennis their evidence or not. their training course had included Goldberg, Govan Mbeki, Ray- It was a ruie 0f practice that all the subjects necessary for mond Mhlaba, Elias Motsoaledi an accomplice’s evidence, where warfare. and Andrew Mlangeni. it implicated an accused, should! Sentence will be passed today. not be accepted unless it was! Explosives Mr. Justice De Wet said that corroborated. Corroboration could from the evidence of Sisulu and be found in circumstantial evi-l These witnesses had told the Mbeki it was clear the A.N.C. court they had been told that on national executive had retained dence and if an accused were* found to be a lying witness this' their return to South Africa it the political guidance of the was their duty to teach others Spear and that it had authorised could be regarded as corrobation.J All the material witnesses had* what they had been taught so its members, with its approval, that all could unite in their fight to embark on a policy of sabo­ been detained for questioning in’ terms of the 90-day clause and against the White man. tage. It had also authorised its Charge one alleged the accused secretariat to assist *he Spear. kept in solitary confinement until1 they were prepared to make| were guilty of sabotage in that they had recruited people for Reservations statements. training in the manufacture and In these circumstances it The possibility had to be borne seemed idle to contend that the in mind that suggestions made Spear and its members were not by their interrogators had been use of' explosives — for the pu the agents or servants of the accepted and that evidence was pose of commiting acts of violent national executive. concocted to satisfy the interro­ and destruction in the country an Mandela had written m a gators. also the art of warfare, includin report: “In this area there are guerrilla warfare, and militar great reservations about our policy Reprisals training generally — for the pur and there is a widespread feeling pose of causing a violent revolu It appeared most of the wit­ tion. Furthermore, that they hat that the A.N.C. is a Communist- nesses appeared to fear reprisals dominated organisation.” been guilty of 153 acts of sabotag< and indeed there was written and which were detailed. Mr. Justice De Wet said: “ I verbal evidence before the court may add that I share this feeling Charge two was the same a that ‘•traitors” should be suitably charge one except that it men after hearing all the evidence in dealt with. the present case.** tioned further recruitment am Many of the witnesses ap­ further acts of violence similar t< It appeared from the evidence peared not only to minimise the and documents that the leader those listed — but it added i part they had played in illegal charge of conspiracy to commi of the AJN.C., Albert Luthuli, was activities, but were also inclined informed about the activities of acts of guerrilla warfare, acts o to say as little as possible about assistance to foreign invadini the Spear and consulted from their leaders. time to time but was kept in the forces and acts of participatioi background. They were inclined to become in violent, revolution within th» In some Communist documents confused under cross-examination country. the Communist Party was des­ and to retract or water down He had already indicated that ii statements made during evidence his oninion it. had not been orovei cribed as the leader of the liber- in chief. tion movement and in others this Practically all the acts ot sabotage referred to in the in that the plan for guerrilla warfare A.N.C. was described as its had ever gone beyond the prepara­ dictment had been proved, but tion stage and he adhered to this spearhead. the court was not able to fix the The documents all appeared to; view. number of acts for which the It followed, then, that the con­ express strong approval of the Spear was responsible because it actions o t the Spear. But as it spiracy to commit acts of guerrilla seemed other organisations also warfare, acts of assistance ; to had not been proved that any of ommitted acts of sabotage and the accused occupied any execu­ foreign invading forces and acts used similar methods. of participation in violent revolu­ tive position in the party he did fie was satlfied the1 Spear was not think any of them could be tion within the country as listed responsible for a good nany more in this charge fell away. held answerable for incitement or than the 20 which the pefence had co-operation to bring executive Charge three, a contravention of conceded- the Suppression of Conununtem members into the alleged con­ o spiracy. Act, listed the commission of the However, it did appear that Instructions same acts listed in charge one. ; many or the members of bott Charge four, a contravention of the A.N.C. and the Spear, if not The evidence df t.^e accused, the Criminal Law Amendment Act, the majority, had also been mem­ supported by that o“- witnesses alleged the accused solicited, bers of the Communist Party. for the State, was tRht instruc­ received and paid out money-for tions had been given dthat in the the purpose of committing sabo­ In fact, Sisulu had concedec execution of acts cu sabotage tage in support of a campaign that the A.N.C. co-operated with care should be takTn that no against some of the country’s laws. the Communist Party because person was killed or*5injured, their aims were similar. He had justified this by saying the A.N.C. It had been argued ;hat a num­ A founder ber of the acts de; >sed to by was not prepared to go as far as Mandela had admitted he was the Communist Party and was not witnesses fell outsi e this in­ one of the founders of the Spear, prepared to approve of converting struction and that the leaders that he was deputy-presidentr of South Africa into a Communist of the organisation fbuld not be the A.N.C., and as such a member state. held responsible. i s ot the executive committee. For the purposes o»f his deci­ In an unsworn statement he had Accomplices sion he accepted th q contention admitted touring Africa making but he had some *4>ubt as to arrangements for military training The material witnesses were all whether the leader»-cshould not of members of the Spear and accomplices and it was well es­ have foreseen that the saboteurs undergoing training himself as tablished that such evidence employed would not probably should be regarded with great get out of hand. .

w as [jST^ - » * ? ,

and literature o f it or took srS

in 1950 evidence he £ ’ occasions after it ^ apporved — r~ Literature

its banning - _ (throwing (throwing the So ^ ^ make _ .e nnrviAprn rS. himself with all theI 1 C°it*was°possible 1 he had given j mi mi four or purpose. purpose. I leaf Farm, Rlvonla, and of its; known of the purchase of UlUe^ of its High Command hut had a member of eitner =»-»- -- foundation member of the con until member of the Communist Party / / / / a listed Communist, a ^arxteti a . . L ^ o m C w n regarding Bernstein was not dis *«r.«u.«der | whether he /

guilty q ------b S of the A.N.C. executive and ^Govan1Mbeki had admitted he was°atallmaterial times a mem- High known that money w known I°or money was collected associated nun orgallisation | objects oi He must have

-Command. he was known of the purchase of Ullie , and He had also admitted agreeing

V . « * ^“^ “^^TaT^en'conceded he was spcf*11 ^ivtxe& *<» *»»«* N ation al w as p transporta- toat ^ ^ tlo n a l conceded — a r t f ss s : m y admitted hth^a^^r|v - that^he^^ah^^^art| Sketch map two, three Knowing spear q0.dav detainees. Even ix n aecepted- ir On these h wa3 The6SP^SH e^ a ^ it" ^ been conce^d he was When. GohtoerS f he 'guilty of counts

Thes Thes n^ r g SS /? P m Missions himself with toe O f on count °ne. g associate* Goldberg had to he a lso Looksmart in CaPfeoUowed that aanu~* ^ g^ tog a ^etch 0^ ■JC It ’ evidence evidence trainntaSat trainntaSat M?^re. Goldbergs advocated exacuyrUlas &g tbat m?ntSent found ^exactly at K ^ tirtype type ^ was gun barges presum ably ilhas had run a ^ ^ / y o u n g Suer- g ° ^ Soviet disputes W ^ t ^ had “ ifh a d been dispute^toatihe conspirators^Utemture A i Dtennls Dtennls Goldberg n lnquiries ^n thp Smo-lDdian border dispute »•< »““ * , \as ioi*»» 5, 1962. 5, 1962. | H | S SUilty °f °0UntS tW° ^^ r°llC s% Sossihle h e^ g iv en ■ ^s^^^sa^jus^sssi ust take responsiuu.^id . He must have visited ^vonla w* was cuiltyw* on count one ais i Travallyn Spear in the ^ y H dk^winjti w lfSlfarm to <“8.cu8ess Se^ad 'duction of hand grenade I Julv u he had visited the .WS^arsasn E .WS^arsasn That he had been consirited on Command. On these admissions ] ^ command hot had Command. Ipeared that the sisulu mem^ r,? of the National High “ T ,( of elther the Spear or that he had. w o ln the de- id that he had never been I l2“ ?Ed been * H ,°Ld™ dS«ed M M ? X e” i|,o»noauo« to set up the Spear ana ^ tQ and had approved^ the de&t he 1 that1 participated m the de . that he 1 M andela, Mandela, however was national executive of the AWO-. could be drawn » to had been a member document but no inf ih*Ws ^^^o®1^ ^ !'\a«mes1he ^There was evidence against £d that at all material times he ^ examined f - a n d d ,-lS \ S S “eSBt-.e.»«3P0rt.- from the acts ox w a ? s ” He wai ? ? SS iSW August — “"xsrr^r ^ * ^ — “"xsrr^r „ h is ow n .. .. ^ soliciting and receiving X Ln his own admis nnrt Command. agreeing f e a s tware sawrtSf f e SpetF^ the results Of his secretariat and that financial a" ™ ent, it bad been well well as w spear, t e f h e 1 executive 1 had missions to

o \^e | The pictures on these two pages show the eight Rivonia accused who were found guilty yesterday in | I Pretoria. The photographs on the left in each case | were the latest available of the accused at the | time of the arrests. On the right are police pic­ tures taken after the Rivonia raid. The Commis- g 1 sioner of Prisons has given the "Rand Daily M ail0 | permission to publish the pictures. R o n i z j i j I y

Nelson Mandela

Walter Sisulu

« V E S a n d SMILES .N p a c k e r C O D j lionets unmoved by «( "*■ By DICK RICHARDS rrHERE was no visible__ reactionoonfinn J come irom rtMtnfoDmtet. fnrW the tBe closeclo » T among the nine men_ In the of the trial. Rivonia trial yesterday when the S o r te r 'placed""on^m * * nidse-President, Mr. Justice De w ef gave Judgment In the Pre- on dUtyfnrmedd a phalanx when W • ' ciinrome Court and added Jt h e court They ^ rX cans tried to follow K S S S U « p " ” " doin''to written judgment run­ aboutMrs. Mandela 80 anda n th her er mother-m ning into ^ P ^ n n,. the pri- ^suweB were pronounced guiltj On the adjournro dock to a ; ,' n.“ e‘«u™ii Ib eettoal Surged! one guilty on one ol soners turned , reiatives in ?he four counts against him and wave to inends and ^ *T ^ - j r s j a r K - women outside sang gesUoulated 1 when a television cameraman t S i T S >r‘>2Sd“ S S A tV »»>«». «» “ A turned in their direction. bSow he was aetained on an al About 100 people gathered at the back of the court to watch two vehicles leave with the pri­ soners. There was an exchange of calls and salutes and some people ran a short distance after them. Mrs. Hilda Bernstein waved a small white handkerchief with which she had been dabbing her eyes. j THE JUDGMENT: PAGES 6 AND 7

i * A tl=tice de Wet hopes to

SUNDAY TIMES Reporter at the end of more than & , »rDerSC«»~"<>» !tt , JZSIZ '«* ! ginning of Dec ^ Judge- wrested* at Rivonia on Jul^ 11;73 arjfince then ^tate^hav^given called hy £ e accused |W& feSnc f c o |^ l expert to end “ on Mold^anfTuesday^- “ latest. mass of evidence &&&&&& In view of the been called —184 witnesses h» M justice - i t is ^ f v e fmmedfate judg; Passed f qualified attorney. De Wet_will JB\ als0 unlikely that ment. But It 1 * toefore reach- aboUoh d o f •«?; he will go on leave « ing a verdict. therefore, that mdicationsare dy b s * Vi the trial, whlcn n days, j^Sed^B London efliWB * week. cession for mow . npp\r I w•

Yutar home

Staff Reporter HE Killarney home of the pro­ T secutor in the Rivonia trial, Dr. Percy Yutar, was heavily guarded by police last night. Two plainclothes constables in greatcoats, with an African watchman, were stationed in front of the house. A police dog and his handler were also stationed in the grounds, and a policeman said “the back is also well guarded.” He refused to say how many men were ih and around the grounds. Allan

Paton

to give

evidence

Staff Reporter Ttj-R. ALLAN PATON. author and leader of the Liberal Party Is to be called to give evidence in mitigation when the Rivonia trial resumes in Pretoria today. Mr. Paton, whose novel on South African race. relations, *Cry, the Beloved* UtfUntry becam e a world bestseller, was awarded the Plaque of the Free Academy of Arts of Hamburg for his “Inestim­ able activity in the cause of Christianity and humanity” in 1961. The first person to be so honoured was Thomas Mann, the German author and Nobel Prize winner. Mr. Paton’s latest work, "Spo- nono” in which he collaborated with the Indian producer-director, Mr. Krishna Shah, was produced on Broadway recently. Mr. Paton, 61, is the national president of the Liberal Party.

^ 1 / Vakansie... Of Tara, Se Yutar J|IE leier van die Staat se span tydens nie vir bom beskore me. Op 3 Augustus die verhoor, dr. Percy Yutar, S.A.S.A., neem ’n hofsaak ’n aanvang waarby daar I het gistermiddag aan Dagbreek gese dat na bewering R15-miljoen se bedrog be- by bly is dat die verhoor nou sy etude nader. trokke is. „Ek kan nou meer ontspan,” het by „Hierdie saak sal vier of ses maande vertel. duur. Dan kan ek met vakansie gaan — Vooruitsigte vir ’n vakansie is egter of in Tara-hospitaal opgeneem word.” ^Thn-Bn-iaiT^y' trial demonstratio ROADBLOC Police out in force after judgment STAFF REPORTER pOLICE blocked roads on the outskirts of Johannesburg last night. The blocks were manned by armed police reservists and pro­ vincial traffic inspectors. The posts were marked by police signs with flashing red lights. Reservists waved torches to bring passing cars to a halt. After stopping, # some cars were thoroughly searched. During the day roadblocks were mounted throughout Pretoria and the ■Reef and some Africans interrogated. In Parliament the previous day the Minister of justice, Mr. Vorster, said he was prepared for any* thing that might be planned by Communists after judg­ ment was given in the Rivonia trial. " The police manned roadblocks at railway stations and non-White bus terminals, and at important public installations. Checkpoints were set up, too, on several roads linking Soweto and other townships with Johannes­ burg. At several places between 20 and 30 policemen were on duty. A large number of Africans were stopped and their tax receipts and refer­ ence books were examined. Five Africans, one a girl of 16, j were - vfnf Lv police for eight hburs after they had been taken from a train carrying them to the Rivonia trial. The party, which included a married couple, was escorted from the train at the Kaalfon- tein station by Railway police and taken to the South African Police in Boksburg. Move on The girl and two" of the women were released from the Grays police headquarters In Johannesburg after being told not to wear the uniform of the banned A.N.C. again. Last night they were trying to trace the couple detained with them—Mr. and Mrs. Simon Mazabuka, of PimviUe. The two women, Miriam Sit- hole, 21, and Jane Nishakala, 22, both of White City, Jabavu, and 16-year-old Olive Ndlovu, of Mofoio Village, Soweto, are clerks working for the South African Congress of Trade Unions. They said last night the uniform they wore was that oi the South African Federation of ! Women and Youth and not the a .n .c. j A police spokesman said that the blocks were merely routine. A protest demonstration was DEMONSTRATIONS IN BRITAIN OVER PRETORIA SENTENCES

z /# ') e s ” PEACE MEDAL AWARDED TO PRISONERS Hundreds of demonstrators carrying tiveness and to have regard for freedom and placards lined the pavements outside the the dignity of human rights.” South African Embassy in London THE WORLD COUNCIL OF PEACE < yesterday in protest against the senten­ announced that it had decided to award I ces passed at the Pretoria trial. They the Joliot-Curie Peace Gold Medal to the < Rivonia nine “ in recognition of their \ chanted slogans demanding the release courageous efforts for peace, democracy of Nelson Mandela and the others con­ and human equality in South Africa ”. 1 victed of sabotage. The council said that it called on all peace t Among the demonstrators were a group workers everywhere “ to take immediate a from the National Assembly of Women, action for the release of the heroic men c wearing black sashes, and some boys from of Rivonia, and for the implementation F 1 Eton. Police patrolled the pavement out­ of the United Nations call for a total arms t 3 side the embassy. embargo and economic sanctions against t a MRS. ESME GOLDBERG, wife of the South African Government, and for Dennis Goldberg, said in London last night the holding of a national convention to ST that her reaction to the sentences was one decide the political future of a free and ] of tremendous relief. “ It is strange how peaceful South Africa ”. ] one’s values change. At first, when people CANON L. J. COLLINS, chairman of 1 were sentenced to three years or 12 years, Christian Action, sent the following tele­ > we said how dreadful, and here we are gram to Mandela: — relieved at a life sentence.” Mrs. Goldberg, “ Heartfelt sympathy to all. Christian who was speaking at a press conference in Action will continue its support for legal the House of Commons organized by the costs and pledges itself to do every­ 2 World Campaign for the Release of South thing possible to provide for your African Political Prisoners, added: “ I families. As a token of pledge we are our think pressure brought to bear on the South sending an immediate £500 to aid families day African authorities by the World Campaign according to need.” ter- definitely succeeded in avoiding the death iast penalty in this case.” THE TRANSPORT AND GENERAL WORKERS’ UNION announced that Mr. leir Mr. Thabo Mbeki, son of Govan Frank Cousins its general secretary, had nee Mbeki and a student at the University of sent the following telegram to Dr. still Sussex, said that he had expected the Verwoerd, the Prime Minister of South on, death sentence to be passed as a gesture Africa: — 25 by the South African Government against “ On behalf of nearly one and a half led people seeking to interfere in their affairs. million members of the British Transport 3 th Also at the meeting was Mrs. Rae Sher­ wood, sister of Lionel Bernstein, who was and General Workers* Union, I protest acquitted on Thursday but immediately most strongly at savage sentences upon Mandela and others. Earnestly urge you i i rearrested. to respond to democratic opinion every­ 4 BISHOP’S MISSION where and revoke the sentences. ( n Mr. Jeremy Thorpe, the campaign’s Racialist policies in South Africa are t d honorary secretary, announced that Bishop destroying hopes of reasonable relations 1 is Joost de Blank, the former Archbishop of with the rest of the world.” il Cape Town, would be flying from London st on Monday to present a petition to the “ JUSTIFIED ANGER” t n United Nations General Assembly in New THE COMMUNIST PARTY issued a I York. This petition, which calls for the statement saying that the sentences “ have 1 n abandonment of the Rivonia trial and aroused the justified anger and indignation I i- of all decent men and women ”. d release of all political prisoners in South I Africa, had more than 90,000 individual At OXFORD more than 150 students, e signatures and the support of organizations i i, representing over 250 million people. mainly from Ruskin College, the adult n workers’ college, demonstrated at the MR. DAVID ENNALS, a member of Martyrs’ Memorial. There was a two- i •e the executive of the Anti-Apartheid Move­ minute silence. ment, said that the sentences would stimu­ MR. ROBERT SERPELL (Corpus late “ much more vigorous action against Christi), chairman of the university’s Joint the South African Government” through* Action Committee Against Racial Intoler­ out the country and throughout the Anti- ance (Jacari), said: “ The removal of these Apartheid Movement. men from the political scene will mean wEXTREMELY HEAVY” that the likelihood of a peaceful solution to the present situation in South Africa in- Some of the other reactions yesterday will be greatly diminished.” Jacari urged 'ed to the sentences were as follows the British Government to use its influence in MR. GRIMOND, leader of the Liberal to secure their release. en, Party, said: “ There will be relief that the The BIRMINGHAM ANTI-APART­ net death sentences have not been imposed. HEID COMMITTEE described the hal The sentences are, however, extremely sentences as “ savage ”. The fact that the nee heavy. They can only result in further death sentence had not been imposed was ten. exacerbation of racial feeling in South a victory for the world-wide protest ave Africa which in the long run can only end in disaster.” movement. ible Other action was taking place as MR. A. L. WILLIAMS, general secretary follows: — will of the Labour Party, expressed “ anger ade and dismay at the savagery of the BRIGHTON.—A march to London is : of sentences. ” He added: “ In his defence due to arrive tonight ate Nelson Mandela said that he stood for MANCHESTER.—A march from the lius the ideas of a democratic and free society university to the town hall yesterday. A >ay in which all persons lived together in har­ vigil from 8 p.m. to midnight, and a peti­ •etfs mony, and with equal opportunities. It’ tion to the Lord Mayor. for is this ideal that the South African Govern­ BRISTOL.—'Silent vigil last night out­ he ment is determined to destroy. But the side council house. G. spark of freedom can never be stamped CARDIFF.—Vigil 9 p.m. to midnight at of out. LLandaff Cathedral. ef | “ Even at this late hour, we plead with GLASGOW.—Vigil last night outside nt the South African Government to show South African immigration office. clemency and to set aside the long and to brutal sentences. If they do not do so, READING.—Marches and a meeting % they will stand condemned by the whole yesterday. o of the free world.” BIRMINGHAM.—Vigil from 5.30 to 7.30 in the city centre. al THE TRADES UNION CONGRESS e, issued a statement saying: “ The whole le British trade union movement will be SABOTAGE SENTENCES ti- shocked and grieved. . . . Over many years le the South African Government have en­ J ohannesburg, J une 12.—Three i- forced policies which have denied ordinary Africans were today sentenced here to rights to most of their people, and have 12 years’ imprisonment and a fourth to inevitably provoked cohtinuous and mount­ eight years’ after they had been found is ing opposition. t r. “ By the evidence of these trials and sen­ Guilty of sabotage. tences. trade unionists, who well know of It was alleged that between May and the value of a free society, will judge the December last year they conspired to Government of South Africa, and those acquire and use explosives to kill mem­ who support it. The T.U.C. calls on the bers of the white population and to en­ people of South Africa to consider the in­ escapable consequences of the course on list recruits for training outside the which their Government is set. and calls country. Application for leave to appeal me on their Government to renounce vindic­ was noted. R eu ter. i;fo Jmrunennmonf wtt«» ltn n A C A fl 1TAPTAWI Condon p o ®

th, tri, jnt MR. LUTHULI’S APPEAL TO U.S. >n- sxt AND BRITAIN S Mil Mr. Albert Luthuli/the former Zulu can blame brave and just men for seeking ( chief and winner of the Nobel Peace justice by the use of violent methods; nor < Prize, says in a statement said to have could they be blamed if they tried to create \ J an organized force in order ultimately to j o been brought out of South Africa that establish peace and racial harmony. the sentences imposed in the Rivonia “ For this ”, the statement continues, ] trial would “ leave a vacuum in leader­ “ they are sentenced to be shut away for j ship that may only be filled by bitter long years in the brutal and degrading prisons of South Africa. With them will , hate and racial strife be interred this country’s hopes for racial The statement was issued on his behalf cooperation.” in London by the representative of the African National Congress, which Mr. HATEFUL SYSTEM Luthuli led before it was banned in South The convicted men represented “ the Africa. The A.N.C. representative said it highest in morality and ethics in the South had been brought up to date by telegram African political struggle. This morality when the sentence became known. and ethics has been sentenced to an im­ Describing how for years the A.N.C. prisonment it may never survive.. .. With­ leaders “ advocated a policy of racial out their leadership, brotherhood and cooperation, of good will and of peaceful humanity may be blasted out of existence struggle that made the South African libera­ tion movement one of the most ethical and in South Africa for long decades to come. ^ responsible of our times ”, the statement They believe profoundly in justice and 1 recalls that their emphasis on non-violent reason. When they are locked away, justice 1 methods was such that police witnesses and reason will have departed from the 2 testified to it during the four-year treason South African scene.” \ trial * Calling for the men to be saved not just > for themselves but for what they stand for, \ LEGAL REPRESSION the statement adds: “ In the name of g Finally, however, all avenues of resist­ justice, of hope, of truth, and of peace, I f ance were closed. “ The A.N.C. and other appeal to South Africa’s strongest allies, 1 organizations were made illegal; their Britain and America. In the name of what \ leaders gaoled, exiled, or forced under­ we have come to believe Britain and t ground. The Government sharpened its America stand for ”, he appeals to them to 1 oppression of the people of South Africa, take action for the introduction of sane- g using its all-white Parliament as the vehicle tions “ that would precipitate the end of ( for making repression legal.” Spontaneous the hateful system of apartheid ”. < eruptions against intolerable conditions According to the statement Chief Luthuli ] occurred, many assuming an increasingly calls on governments and people through- < racial character. out the world to act to obtain the release j The A.N.C. maintained its belief in non­ of the men and “ avert what can become violent methods. “ However, in face of the greatest African tragedy of our times”. the uncompromising white refusal to The statement by Mr. Luthuli was read abandon a policy which denies the Afri­ to the Security Council when it resumed cans and other oppressed South Africans its debate on South Africa’s policies their rightful heritage—freedom—no one yesterday.

Collection Number: A3393

Collection Name: Bob Hepple Papers

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