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High Treason, Etc VOLUME I INDICTMENT Regina vs. Adams and Others HIGH TREASON, ETC. THE GOVERNMENT PRINTER, PRETORIA IN THE SUPREME COURT OF SOUTH AFRICA (Special Criminal Court constituted in terms of Section 112 of Act 56 of 1955, as amended). The Attorney-General of the Transvaal Province, who as such prosecutes for and on behalf of Her Majesty the Queen, presents and informs the Court that:— y y . Preparator Preparator t t Examination A Examination A a. (1) FARIED ADAMS. 28. (40) THEOPHILIS MMUSI. 2. (4) H. BARSEL. 29. (41) JOHANNES MODISE. 3. (5) LIONEL BERNSTEIN. 30. (42) PATRICK MOLAOA. 4. (6) PIETER BEYLEVELD. 31. (43) JOSEPH MOL1FE. 5. (8) AN DRIES CHAMILE. 32. (44) MOOSA MOOLLA. 6. (10) BARTHOLOMEW HLAPANE. 33. (45) H. M. MOOSSA. 7. (11) ALFRED HUTCHINSON. 34. (46) E. P. MORETSELE. 8. (12) P. J. HODGSON. 35. (47) OBED MOTSABI. 9. (13) HELEN JOSEPH. 36. (50) SULIMAN N. NATHIE. 10. (14) PAUL JOSEPH. 37. (51) PHINEAS NENE. 11. (15) FISH KEITSING. 38. (52) LILLIAN NGOYI. 12. (16) MOSES KOTANE. 39. (54) JOHN N. NKADIMENG. 13. (17) JERRY KUMALO. 40. (56) P. P. DUMA NOKWE. 14. (18) A. M. KATHRADA. 41. (57) P. P. NTHITHE. 15. (20) LEON LEVY. 42. (58) AHMED E. PATEL. 16. (22) STANLEY LOLLAN. 43. (60) RONALD E. PRESS. 17. (23) FRANK MADIBA. 44. (63) ROBERT RESHA. 18. (24) AARON MAHLANGU. 45. (64) BENNETT SEITSHIRC?. 19. (27) TENNYSON X. MAKIWANA. 46. (65) NIMROD SEJAKE. 20. (28) J. MAKWE. 47. (66) PETER SELEPE. 21. (29) H. G. MAKGOTHI. 48. (67) SYDNEY SHALL. 22. (31) SAMPI MALUPI. 49. (70) WALTER M. SISULU. 23. (32) NELSON R. MANDELA. 50. (71) GERT SIBANDE. 24. (34) LESLIE MASINA. 51. (72) JOSEPH SLOVO. 25. (36) BERTHA MASHABA. 52. (73) RUTH SLOVO (N£E FIRST). 26. (37) PHILEMON MATHOLE. 53. (75) SIMON TYIKI. 27. (38) JONAS MATLOU. 54. (77) HENRY TSHABALALA. 4516619—1 2 £& c. h C'MC O - Si Cb<4 CM £1 j<&! 55. (78) DOUGLAS C. THOMPSON. 74. (119) B. ND1MBA. 56. (79) SON1A BUNTING. 75. (120) J. NKAMPENI. 57. (81) FRED CARNESON. 76. (121) F. NTSANGANI. 58. (83) LIONEL FORMAN. 77. (122) A. NOGAYA. 59. (84) I. O. HORV1TCH. 78. (123) T. TSHUME. 60. (85) ALEX LA GUMA. 79. (124) T. E. TSHUNUNGWA. 61. (87) D. MGUGUN YEKA. 80. (127) W. Z. CONCO. 62. (93) GEORGE PEAKE. 81. (128) S. DHLAMINI. 63. (97) BEN TUROK. 82. (131) G. HURBANS. 64. (104) J. JACK. 83. (133) •P . J. S. MANANA. 65. (106) L. KEPE. 84. (138) M. M. MOTALA. 66. (108) J. G. MATTHEWS. 85. (139) G. M. NAICKER. 67. (109) Z. K. MATTHEWS. 86. (140) M. P. NAICKER. 68. (110) W. MAT1. 87. (141) N. T. NAICKER. 69. (113) C. MAYEKISO 88. (142) BILLY NAIR. 70. (114) V. MINI. 89. (146) D. A. SEEDAT. 71. (116) S. NKALIPI. 90. (150) P. H. SIMELANE. 72. (117) W. MKWAYI. 91. (151) M. B. YENGWA. 73. (118) T. MQOTA. 92. (154) A. E. LETELE. hereinafter called " the accused who were committed for trial by the Magistrate for the district of Johannesburg, are guilty of the crime of HIGH TREASON or, ALTERNATIVELY, contravening section II (b) of Act 44 of 1950, as amended by Act 50 of 1951 and Act 15 of 1954, or, alternatively, contravening section 11 (a) of Act 44 of 1950, amended as aforesaid: MAIN CHARGE. PART A. That the accused are guilty of HIGH TREASON in that during the period 1st October, 1952, to 13th December, 1956, while owing allegiance to Her Majesty Queen Elizabeth the Second and her Government in the Union of South Africa (hereinafter called "the State") and at or near Johannesburg, Pretoria, Bloemfontein, East London, Port Elizabeth. Durban, Cape Town, Uitenhage, Queenstown, Cradock, Kimberley, Ermelo, Evaton and other places within the Union 3 of South Africa, the said accused, acting in concert and with common purpose and in breach and violation of such allegiance, wrongfully, unlawfully and with hostile intent against the State, namely, to subvert or overthrow the State or to disturb, impair or endanger the existence, indepen- dence, security, safety or authority of the State, did in their individual capacities and/or as members of one or more of the associations of persons, and/or as directors or servants of the corporate bodies, mentioned in Schedule A hereto— (a) disturb, impair or endanger the existence, the independence or safety or security or authority of the State, or (b) attempt or actively prepare to subvert or overthrow the State, or to disturb, impair or endanger the existence, independence or safety or security or authority of the State by committing certain hostile and overt acts against the State, namely the hostile and overt acts set out in Parts B, C, D and E of this indictment: PART B. 1. During the period and at the places aforesaid the said accused did wrongfully, unlaw- fully, and with the hostile intent aforesaid conspire with each other, with the persons mentioned in Schedule B hereto, and with other persons to the prosecutor unknown, to— (a) subvert, overthrow and destroy the State; and/or (b) make active preparation for a violent revolution against the State; and/or (c) disturb, impair or endanger the existence, independence, security or authority of the State; and/or (d) hinder, hamper and coerce the State; and /or (e) oppose and resist the authority of the State and in particular the power of the State to make and enforce laws; and/or (/) establish a Communist State or some other State in the place of the existing State. 2. It was part of the said conspiracy that the aims, purposes and objects listed under sub- paragraphs (a) to (/) of paragraph 1 of Part B above were to be attained and achieved by the accused in their individual capacitiescw/cr, van dceiyevAhhcLit* /or as leader s and /or members and /or supporters and /or adherents of the said associations set forth in Schedule A, and/or as directors or servants- of the said corporate bodies set forth in the said Scheduk-A. 3. It was further part of the said conspiracy that the aims, purposes and objects aforesaid were also to be attained through the instrumentality and activity of the said associations and corporate bodies, the persons mentioned in Schedule B hereto, and other persons to the prosecutor unknown. 4. It was further part of tbe said conspiracy that all such aims, purposes and objects should so achieved, inter alia, by— (i) sponsoring, organising and preparing for and convening a gathering of persons known as the Congress of the People for the adoption of a Freedom Charter, propagating and actively implementing the aims of the said Freedom Charter and taking active steps for the establishment as an immediate object of a Communist State in the form of a so-called Peoples' Democracy or Peoples' Republic or some related form of State flowing from an implementation of or founded on the doctrine known as Marxian Leninism; and/or (ii) organising and setting afoot a campaign of recruitment and enlistment of a special militant corps of Freedom Volunteers, being a semi-military and rigidly disciplined body whose members were obliged to take an oath or solemn pledge (hereinafter referred to as the said oath or pledge) to carry out the instructions legal or illegal of the leaders of the associations of persons and/or corporate bodies set forth in Schedule A hereto; furthermore recruiting persons as Freedom Volunteers and administering the said oath or pledge to such persons; and/or (iii) instigating and inciting each other, the persons mentioned in Schedule B hereto and other persons to the prosecutor unknown, to make use of extra-parliamentary, uncon- stitutional and illegal methods, including the use of violence; and/or (iv) organising and participating in various campaigns against existing laws and the administration and enforcement of such laws, and more particularly— (a) The Native Resettlement Act, No. 19 of 1954; (b) The Bantu Education Act, No. 47 of 1953; (c) Native (Abolition of Passes and Co-ordination of Documents) Act, No. 67 of 1952; and/or (v) promoting feelings of discontent or unrest amongst and/or hatred or hostility between the various sections and races of the population of the Union of South Africa; and/or (vi) advocating, propagating or promoting the adoption and implementation of the Marxian Leninist doctrine in the Union of South Africa and/or advocating and teaching the duty and the necessity of establishing as an immediate object a Communist State in the form of a so-called Peoples' Democracy or Peoples' Republic or some related form of State flowing from an implementation of or founded on the doctrine aforesaid; and/or (vii) advocating or propagating or actively promoting as an immediate object the estab- lishment by illegal or unconstitutional means of a State intended to replace the present State* and/or 5 (viii) by inciting or encouraging the population of the Union of South Africa to take part in and support by mass action, the activities set out in paragraphs 4 (i) to (vii) above. PART C. In pursuance and furtherance of the said conspiracy, or, alternatively, acting in concert and with common purpose, the said accused with the hostile intent aforesaid in order to achieve and bring into effect and implement the aims, purposes and objects enumerated in Part B above, did attend and address certain meetings and did then and there make and/or associate them- selves with speeches and resolutions to the following effect:—- (a) Inciting, encouraging, exhorting or calculated to persuade the people attending such meetings to support the campaign sponsored by the African National Congress, the South African Indian Congress, the South African Congress of Democrats and the South African Coloured Peoples Organisation for convening a Congress of the People, to attend and /or to send delegates
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