21907

MR. TERBLANCHE

MR. TERBLANCHEt My lords, the next accused I 1

propose dealing with , with your lordships' permission,

is accused No.28, P. Tshume.

Here, too, ny lords, I have prepared a Summary

and ask leave to hand it in to Court.

Again, my lords, Part tAt sets out the overt 5

acts which consists of a conspiracy and the meetings

attended by the accused.

Part SB ! sets out the membership\ firstly I

state that from the Defence evidence it appears he w as

one of the leaders in the Eastern Cape, that is he was 10

a prominent member of the A .N .C . during t he period of

the Indictment? he was an executive member of the Cape

A .N .C , and hewas secretary of the Cape A .N .C . for a

period in 1956. He was secretary of the New Brighton

Branch of the A .N .C . and he was an executive member of 15

the A . N . C . Y . L . He was Acting President of the A .N .C .Y . L .

from 1954 to 1956 and hewas President of the A .N .C .Y . L .

Cape in 195 6 c

RUMPFF J ; Yes, well that appears from the

Summary. 20

MR. TERBLANCHE; Yes, my lords„

RUMPEF Js And from documents. Is there any

particular document that you want to refer us to on , B I -

on the documents?

MR. TERBLANCHE;: My lords, the first document 25

is PDN.144, Minutes of the A .N .C . Conference at Bloemfon-

tein on the 1 7 t h December, 1955, which shows that he was

elected to the National Executive Committee for 1956.

My lords, that is a Conference in regard to which LLM.81

refers. Then PDN. 142 , my lords, is a letter headed %

21908.

MR. TERBLANCHE

"African National Congress Cape Province Headquarters

dated 1st December, 1956, signed by T . Tshune as secre-

tary, and the Defence admitted that this was so . . .

RUMPFF J ; Yes, that is found in your submissions.

Is there anything else in the documents?

MR. TERBLANCHE; Not as far as that is concerned,

my lords.

RUMPFF J; Then you give some of the evidence of

Sogoni.

MR. IERBLANCHE; Yes, my lords, that is takenfrom

meetings, to ^vhich reference will be made.

Then the searches, my lords. There I only wish

to draw your lordships' attention to the fact that Strydom

on the 22nd March, 1955? when he searched the house of the

accused he took certain documents from a bedroom and a

living room; accused claimed all the documents except

T T . 2 0 . My lords, if I may just refer your lordships to

that evidence at page 3811 of the record. It says, "And

I read the documents which Tshume claimed as h is , except

that one", and then it says TTo20 is a booklet "The Commu-

nist Party of the Soviet Union and Syllabus, 6 lectures

on the history of the C„P.S .U . ( "Q ) Now what did he say

in regard to T,T„20?~~ (A) He said that it belonged to

his brother who was in Cape Town. I made a note and I

placed it inside the document."

( "Q ) Did you ask him who this brother was?— (A) He could

not give me the name."

( "Q ) Did he give you the address of this brother?— (A) No."

( "Q ) And in what part of the house did you find this docu-

ment?— (A) I1; was in the sideboard in the living room."

( "Q ) Did he toll you with whom his brother had Heft this

21909.

MR. IERBLANCHE

document?— (A) No, I didn't enquire." 1:

Now, my lorcls, when an admission was nade . . .

RUMPFF J ; What is TT.20?

MR, TBRBLANCHE: My lords, I 've just read it , i t ' s

a "booklet "Communist Party of the Soviet Union, Syllabus

5

6 lectures on the history of the C .P . S .U . " My lords,

when this search was admitted at the Preparatory Examina-

tion and read into this record, it was admitted except that

it was stated that TT.20 to TT.24 were found in a room occu-

pied by accused and were not found amongst his papers. My 10 lords , it 's my submission that on this evidence - and this

not having been explained any further by the accused - that

this document was in his possession and was actually his .

RUMPPF J ; How much turns onlhat?

MR. TERBLAMEs My lords, there will be an argument 15

- as far as this accused is concerned.

RUMPFF J; On your submission that it wasactually

his?

MR. TER3LAHCHEs It was actually h is , my lords -

if not his property, at least he had it for a purpose? 20

RUMPFF J; No, you said you were submitting that

it was found in his possession and that it was actually his ,

MR. TERBLAMCHEs If I expressed it that way I

didn't intend to express it that way. He had it in his

possession; that he knew about it and that he had it for 25

a purpose, either to study it or to read it .

My lords, the search on the 5th December, 1956,

that's No.3 - that search was also admitted by the Defence

at page 3821 of the record. Your lordships will find that

1&ere is this search there. Then it was further admitted, 30 oylords,that the documents marked TT.89 to 107 were taken

L

21910. MR. TERBLMCHE

fron the accused, T.Tshune, on 5 / 1 2 A 9 5 6 .

My lords, then I turn to Section ' D ' , Authorship

of Documents. RF022 - this is a typed document headed

"There is a need of new people for both canps, left and

right, New Brighton, re Education - transform into Bantu

Education." This document, my lords, was found . . . .

RUMPFF J: What is that now, Few Brighton re-

education transfoimed into Bantu Education?

MR? TERBLANCBE; That is the heading of the docu-

ment, my lords .

RUM EPF J ; Is that the heading of the document?

MB. TERBLANCHEs That's the heading of the docu-

ment, my lords,

RUMEFF J ; Because that is not put in in inverted

c onnas.

MR. TERBLANCHEs My lords, that is a typing error

My lords, this document was found in an office occupied by

Ruth First on the 27th September, 1955, by D/Sgt.Wolnarans.

The Defence admitted this , except that they said it was

occupied by 'New Age' and that it was found in her presence0

She was a Johannesburg representative of 'New A g e ' , my

lords, and Ftsangani in his evidence admitted that it was

signed by the accused, that is at page 16368 of the record.

KENNEDY Js Signed by this accused?

MR, TERBLANCHEs By this accused, ny lords.

KENNEDY Js Was there a signature on the document'

MR. TERBLANCHEs There was a signature on the

document. I ' l l refer to the document now, ny lords.

RUMPFF Js Well , you haven't got a summary of it

at page 7» . . .

MR. TERBLANCBBs Yes, my lord, I ' l l just refer

21911.

MR. TERBLANCHE

to it . My lords, there is a reference in the record in

this way to this document. RE.22 is a typed document

signed by T.T.Tshune acting President of the A.N.C.Youth

League, Cape, and it is headed; 'There is a need of

nwpeople for both camps, left and right . , n .b . re education

rransformed to Bantu Education.'

RUMIPF J % Yes.

MR. TERBLANCHE; And this signature, my lords,

Ntsangani said was this accused's signature. My lords,

the contents of this document are as summarised there but

I wish to refer your lordships to page 4355 where I

state about seven lines from the bottom 'The purpose of

Bantu Education'. I ' l l just read that portion to your

lordshipss

RUMPFF J; Is this a sumiary of it at page 7 of

your submissions?

MR. TERBLANCHE; I t ' s a summary, my lords, yes.

RPMPFF J ; Is there any particular portion to which

you wis±L to refer us?

M R . T E R B L A N C H E ; Yes, my lords, it says that the

struggle has now reached the most decisive phase of the

struggle against Fascism in South Africa, and that the

African people are thirsty for freedom and demand a

democratic South Africa where there would be a common

ownership of the means of production; white supremacy

will no longer survive, in the not too far years ahead

in South Africa. For that reason the Nats foresaw

the necessity of new African people who will not interfere

with Capitalism exploitation of man by man. . .

RUMFFF J ; I can't follow that. "For this renson

Nats force necessity of new African people who will not

21912.

MR. TERBLANCHE

Interfere wit a Capitalism exploitation of nan by man1.

MR. TERBLANCHE% My lord, that is what the document

says.

MR. KENTRIDCrE: My lords, according to the record

the word 'force1 should be foresee.

MR. TERBLMCHEs Then, my lords, the portion in re-

gad to the purpose of Bantu Education reads as follows:

"With the Bantu Education the Nats intend to produce new

people who wi l l not think of struggling for their citizen-

ship . . . „"

RUMPFF J s Is your summary not good ai ough?

MR. TERBLANCHE; My lords, there I only say "Purpose

of Bantu Education" 5 I didn't summarise there, my lord.

RUMPFF J: Oh, I see6

MR. IERBLANCHEs "The whites want to dominate and

control the minds of the Arrican child from an early age

so that the type of African amenable to the white supre-

macy is produced. Without this step basskap and cheap

labour cannot be a syaten in South Africa,"

RUMPFF; J ; Well , it attacks Bantu Education.

MR. TERBLANCHEs Yes, my lord, but on a certain

basis?

RUMPFF J ; Well , what basis?

MR. (FER3L AMCHEg On the basis that this is the basis

of basskap ani cheap labor.

RUMPFF J; Yes.

MR. T3RBLANCKS; Then it deals with the Libera-

tion Movement which is also in need of new people com-

prising the camp of Materialism, other than that of

Idealism. Then it goes on and says - it criticises those

21913.

MR. TERBLANCHE

who would like to launch a boycott only on condition it

proceeds smoothly and in an orderly manner. "There shall

not be here and there some heavy s acrifices and narrow

and dangerous paths; these are only fearful. All must

unite to defeat Bantu Education."

My lords, then tie next section, accused signed

letters for the Eastern Cape Action Committee.

RUMPFF Js Well , that's to shew he signed letters?

MR. TERBLANCHE; Yes; these signatures were ad-

mitted, my lords. Then TT.44 , my lords, is a copy of a

typed document bearing the signature T.TcTshume and it ' s

headed "Call for 10,000 signatures to support the Freedom

Charter." This signature has also been admitted, my lords.

In the document the following is said, inter alias -

"The working classes assembling at the great Congress of

the People have given blows that have shaken the Nationa-

lists , Strydom and his satellites , and inspired so many

oppressed people for struggle. The glorious successes

and splendid work of the Freedom Volunteers have shewn

the capacity and readiness of the people to undertake the

defence of their freedom." Then it deals with how the

campaign was to be organised, and then it states: "Every

effort needs to be directed to speed the liquidation of

the oppressor forces in South Africa and to advance the

peoples freedom . . . . „" letters

My lords, the accused also signed/for the

African National Congress, Cape, and A .N e C .Y ,L . Cape,

TT .3 ; it deals with the intensification of the campaign

for the withdrawal of children from s chools and with the

popularisation of the Freedom Charter.

TT„54 - also an A»N.C.Y.L circular - accused

21914.

MR. TERBLANCHE

admitted the signature. TT.107, ny lords, is a manuscript

document, being a letter addressed to "Dear Comrade"

dated 16th September, 1956, and it is signed T .T . Tshume.

This signature has also been admitted.

My lords, this document - I 've set out quite

5

lengthy portions of it . The first portion, second para-

graph, states "like Hitler 's colleagues and any other

reactionary group acting against the will of the people

the Nationalists feel insecure among the people. They

are in a state of fear lest they are attacked because 10

they realise the evils in which they are induced by the

Nationalist policy. The more they endeavour to inpl-enent

apartheid the more insecure they feel and they start

history "

KENNEDY Js Is this presumably a draft, or a 15

letter to be submitted for approval?

MR. TERBLANCHEs I t ' s a manuscript document, my

lords, and it is signed, and the signature was admitted.

KENNEDY J: Yes.

MR. TERBLANCHEs The purpose of the letter I don't - * 2 0

know, my lords. Whom it was intended for - or anything like

that, I don't know, my lords. It just shows his views.

KENNEDY Js It shows his views?

MR. TERBLANCHEs His views, my lords, yes . He

is the author of this document. 25

KENNEDY J^ It had to be submitted for approval

though, didn't it?

MR. IERBLANCH3; I don't know, my lords. Yes, my

lords, in the first paragraph it says, "This is a statement

by the A .N .C . Youth League . . . before it is released for

the Press it must be finally approved by the President and

L

21915. MR. TERBLANCHE

and secretary,:" Then attached to that is an envelope

addressed to Mr. W .E . Mati and attached to that is a Press

statement headed "Leaders Banishment". This Pressstate-

mait,

KENNEDY J; Was this a draft Press statement?

MR. TERBLANCHE; I t ' s a draft Press statement, my

lords.

KENNEDY Js To be approved?

MR. TERBLANCHE; To be approved. Whether it was

proved or not, my lords, I am not holding this against him

- only against the accused as expressing his views, my lord,

KENNEDY Jt Yes.

MR. TERBLANCHEs Then, my lords,he refers again to

a journalist s ent from Johannesburg as a result of to

investigate a serious situation existing in New Brighton

caused by the A .N .C , leaders. Aa statements reveal you

will be surprised to find that the A.N.C all its

campaigns in a democratic and peaceful manner. The state-

ments by those in authority are due to the fact that cowards

die "many tines before their death, as predicted by Caeser

and a statement by Antonio? that the evil of man lives

after him,"

KENNEDY_ J° May I take you back; washe then

secretary of the Cape A.N.C?

MR. TERBLANCHE; In 1956, my lords, he was R e s i -

dent, A .N .C .Y . L .

KENNEDY J; You s ay at page 4* 'Hewas secretary

of the Cape A ,N .C , for a period in 1 956 ' .

MR. 1ER3LANCHB; On page 2, my lords, paragraph

8 , he wasPresident of the A .N .C 0 Y .L e Cape in 1956; this

refers to the A .N .C . Youth League.

21916

MR. TERBLANCHE

KENNEDY Js Does that nean he had to approve of

this draft? And if it does, has it got any value? May

it not have been something I 've written and I'm going to

pass this round, what do you think of this? If you don't

agree let me know,

5

MR. TERBLANCHE: My lords, there was a letter

attached to it . I don't think the letter was read in.

My lords, may I just read this - it is a bit confusing.

KENNEDY J : Yesc

MR. TERBLANCHEs TT.107 consists of a manuscript 10

document being a letter addressed to "Dear Comrade" dated

16th September, 1956, signed T. Tshume, and it states:

"This is a ststement by the AoN.C.Youth League re banishment.

Before it is released for the Press it must finally be approved

by the President and the secretary." That is the letter, my 15

lords, up to that. And that is the letter that is signed

by him, the accused.

RUMPFF J: Which President - Secretary is this?

MR. TERBLANCHE: My lords, that is how it ' s

read into the record9 20

RUMPFF Js I know; I'm asking you what is your

submission? Who is the President and the Secretary, or what

President and Secretary is referred to? He himself is

President in 19^6 of the A*N.C oY 0L.

MR. TERBLANCHE: My lords, it may - - of

the Cape, my lords, and this may refer, of course, to the

President of the A .N 0 C.Y o L . National body, otherwise there

is no meaning to this letter, my lords.

RUMPFF J: Is this letter - was that found in

the envelope which is addressed to Mr. W .F . Mate?

i

21917.

MR. TERBLANCHE

MR. TERBLANCHE s It'-s only attached to it , my

lords, there is no evidence.

RUMPFF J; What was Mate's position at that time?

MR. TERBLANCHEs At the moment I can't say, my lord.

MR. KENTRIDG-E; My lord, if it will assist my

learned friend at page 3839 of the record it appears that 5

this is a ststement on behalf of the A.N.C.Youth League

Secretariat, New Brighton.

RUMPFF J ; Yes, thank you, Mr. Kentridge.

MR. TERBLANCHEs That is typed in on page 11 , my

lords, that portion, at the bottom of page 11 . 10

RUMPFF Js For the A.N.C.Youth League Secretariat,

New Brighton.

MR. TERBLANCHEs It may have had to be approved by

the President of the branch.

RUMPFF Js Is there a President of the branches? 15

Or a Chairman?

MR. TERBLANCHEs Chairman, my lord. My lords, no,

I cannot explain what President that would refer to.

RUMPFF Js Well , it might mean the Provincial Pre-

sident, or the - - I don't know - - there were more than 20

one branch in New Brighton, were tlhere not?

MR. TERBLANCHEs No, my lords, i t ' s a big branch,

a Brighton Branch and a Korsten branch5 those are the two

branches, my lordsc

RUMPFF Js Well, w i l l you try andfind out what the 25

position is and what your submission will be tomorrow on

this.

(COURT A BJOURNED. )

30

21918.

COURT R^SUMi]S ON THE 1QTH FJBRUARY, 1961.

APPEARANCES AS BLFOR^.

MR. TERBLnNOHE S

My Lords, yesterday at the adjournment I

was busy with a document, page 10 of the Summary,

T .T . 107 . As then pointed out this document is a

press statement, which was attached to a letter,

addressed to "Dear comrade11, and the etter was signed

by Accused T. Tshune, the signature being admitted.

It is a statement on behalf of the Youth League Secre-

tariat , New Brighton. My Lords, the letter stated that

the statement, which reads s "This is a statement by

the A . N . C . Youth League re banishment. Before it is

released for the Press it must be f inally approved by

the President and the Secretary". There was a question

to which President this could refer . My Lords, the New

Brighton Branch of the African National Congress Youth

Lea, ;ue had a president. I f irst vish to point out, My

Lords, that the record is not correct where it says

thit this letter was addressed to Maki„ It is addressed

to W.F. Matcfc, My Lords. Now Mate was the president of

this branch in 1955- That appears from a document in

the possession of Tshume, T .T . 37 at page 4273, and the

evidence is also, My Lords, that Accused was on the

Executive of the Now Brighton Branch of the 4 . N . C . Y . L .

Now this is in 1956, My Lords, but there is no evidence

as to who the president was in 1956, but my submission

is , My Lord, that this was to be approved by the president

of that branch and by the secretory. This was found in

21919.

the possession of Tshume, and my submission is , My

Lords, that either he was the author of that document

or it has his approval when he sent it off or intended

to send if off for the approval of the president and

the secretary.

ME. JUSTICE BANKER :

Why do you say that?

MR. TJRBLANCHE ;

My Lords, if it had been drawn by somebody

else and sent to him, and he simply sends it on without

any indication that he didn 't approve of i t . . .

MR. JUSTICE BEKKLR s

Let us take it step by step. On what grounds

do you suggest he is the author?

MR. TERBLANC'Li: ;

My Lords, I said either he is the author -

it is found in his possession and he sends i t off for

the approval of the president and the secretary. The

letter is s i g n e d . . .

MR. JUSTICE B^KEQiR :

But it may be purely administratively that

he acted.

MR. TJRBLANCHE ;

Yes, My Lords, but as a member of the

Executive Committee of that branch of the A . N . C . Y . L . ,

i f he didn 't approve of i t , he would have made altera-

tions or suggested those alterations in his letter .

MR. JUSTICE KENNEDY ;

Why?

MR. TERBLANCHE s

My Lords, i f he d idn ' t approve of i t . . . .

21920

MR. JUSTICE KENNEDY %

°omebody else in an equally senior position to

him might have said I want it sent on to the president

and the secretary, and I want to see i f they approve of

i t . I f they approve of i t , then we will release i t .

MR, T-jRBLANCHE ;

That is my submission, My Lord, that this

reflects his views. My Lords, I won't read that now,

because I will be referring to it again at a later stage.

My Lords, the next document is PDN,142, a

letter headed African National Congress Cape Province

Headquarters, dated 1 . 1 2 . 1 9 5 6 , addressed to the Secretary-

General and the signature has been admitted as being that

of the Accused and it deals with the directives regarding

the campaign against passes, which has been sent to all

branches. Then My Lords, I then deal with documents

of which the signature was not admitted or there was no

signature, but which I submit, My Lords, is a document

prepared by the Accused Tshume. It is T .T .£6 , My Lords,

a typed document, headed African National Congress

Youth League, Provincial Conference, Cape, Presidential

Address to the Annual C--nf or..nce held at Queenstcwn,

on the 9th to 11th October, 1954, by T . T . Tshume,

Acting President. This is aow it is headed, My Lords,

it is found in his possession, and liiy submission is

that that is his Address. My Lords, I will also deal

with this document more fully , I will have to refer Your

Lordships to it a gain when making my submissions.

Then T .T . 60, My Lords, page 14, is a letter headed

155 Msinka Street, New Brighton, Port Elizabeth, dated

21921.

the 7 . 1 1 . 1 9 5 5 . It is addressed to one Mr. L . Petros,

for the Secretariat, Budapest, and it boars a typed in

signature Tsanke T. Tshume. It deals with police raids

cn the 27th September, 1955, and it also deals with the

Sixth Festival to bo held in Moscow in 1957.

My Lords, then the Accused also possessed

certain other documents. T .T . 5 is a letter from the

Secretary-General of the A .N .C . datud the 9th March,

1956. T .T . 6 is a similar letter dated the 14th March,

1956.

MR. JUSTICE KEMLDY :

Mr« Terblanche, to what use does the Crown

intend to put T . T . 6 0?

MR. TERBL-aNCHJ s

To show that he had connection with the World

Federation of Democratic Youth. Other letters following

on this will be dealt with later, My Lord.

MR. JUSTICJ OiTNLDY ;

Where does the 7 .F .D .Y . appear in T .T . 60?

MR. TERBLANCHE :

No, My Lord, it doesn't appear in this,

but the replies to this letter will show i t . It is

connected up with other correspondence. My Lord,

T .T .13 is a typed document, with a newspaper cutting

attached to it , and it is headed "statement issued by

the Eastern Cape Regional Committee of the A . N . C . "

dealing with the banning of meetings in the Port Eliza-

beth and Humansdorp Magisterial districts and I will

be referring to that again at a later stage. My

Lords, then T . T . 1 5 , Isizwe of January, 1956, and it is

the same as N.R.Iv. 3 0 . It contains the article "Winning

21922.

Millions of Youth to our s i lo " , dealing with the building

of a mass youth movement capable of playing its part as

the vanguard of the national liberation movement.

T .T . 18 , found in his possession, is a Croxley Pen Carbon

book, and on the cover it states "New Brighton Branch,

A . N . C . 1 956 " , and it shows T. Tshume as Assistant

Secretary and th ; t he was present at that meeting, so

he was on the National Executive in 1956 .

MR. JUSTICE KENNEDY :

Present at which meeting? Did this purport

to cover only one meeting?

MR. TERBLANCH^ ;

It only covers one meeting, My Lords.

MR. JUSTICE KENNEDY ;

Does the Crown want to use this only to show

that according to this book T. Tshume was assistant

secretary in 1956?

MR. TERBLANCHE :

And that he was active, having attended this

meeting. T .T . 27 , My Lords, Resolutions of the

i i .N .C .Y .L . QCape) Provincial Conference at Queenstown

in October, 1954. My Lords, it contains f irstly a

resolution on the Bantu Education l e t , and it contains

a resolution on the Native Resettlement Act, declaring

its solidarity with the attitude and decisions of the

victims of this Act in the Eastern Areas of Johannesburg.

It contains a resolution supporting the Congress of the

People, and it ccntains a rjsolution on trade unions . "

Then there wes road in a portion, My Lords. "This

Conference unanimously declares its solidarity with the

21923 .

attitude and decisions ofthe f i rst victims of this

vicious act, the people in the Western Areas of

Johannesburg. . . . . which aims at depriving African

property owners of their ownership : ights to resist

its implementation with non-violence, but holds the

government responsible for whatever may happen i f i t is

enforced as the government has decided . "

Then T . T . 28 My Lords, i s a typed document

headed "Resolutions adopted at the 5th .annual Conference

of the A . N . C . Y . L . , A p r i l , 1953. My Lorls , this document

- on this document the Accused Resha gave evidence and

he admitted that thes~ were the resolutions. Th .t is

at page 17129 My Lord, I will deal with these resolu-

tions again at a later stage. T . T . 30 My Lords, is

a l etter , a carbon cgpy of a letter , African National

Congress Youth League, Orlando, Johannesburg, dated the

23rd January, 1955 , to the Provincial Secretary,

A . N . C . Youth League, Cape and it is signed in ink ,

"Down with the f a s c i s t s , freedom in -u.r l i fetime,

D. Sokwe, Duma Nckwe", for National Working Committee.

I t deals under the heading 'Campaign" with the decision

£>f the A . N . C . to intensify tne anti-Bantu Education

campaign, the -anti-Removal Campaign, dealing with the

decision of the removal on the 12th February, and n

page 2 it deals v/ita the Colonial Y'.uth Day on February

21st , and the necessity to delebrate that day" .

My Lords, T . T . 35 is a carbon copy of a

document headed "Speech delivered by the Secretary-

General of the African National Congress, Mr. W.M. Sisulu

on ounday 28th March, 1954 , at Veeplaats. My Lords, that

21924.

document has been dealt with on more than one occasion,

and I will r^fer to it again.

T .T . 37 is a letter from thi A . IT .C .Y . I . New Brighton

branch, dated the 4th February, 1955. It shows that

.accused was elected as an official of the branch.

T .T . 43 My lord, is an amended draft Constitution of

the A .N .C . T .T . 49 is the Constitution of the A . N . C . Y . L .

T.T . 51, i'vly Lord, is an African Lodestar, issued by the

A . N . C . Y . L . , November, 1953, it is the same as a . 203 ,

and it deals with Africa for Africans and also with

Trade Unions.

T .T . 52 is a typed document headed African National Congress

Youth League, New Brighton, being resolutions passed at

the a . N . C . Y . L . public meeting on 10th February, 1955, at

T.C. -Vhite Hall . It reads ; "This meeting of the A .N .C .

Youth League held on the 10th February, 1955, pledges

its solidarity with and support for the stand taken by

the people of Sophiatown to resist the removal scheme

and will endeavour by all nuans t meet them". Paragraph

2 calls upon the government to withdraw the police force

patrolling the streets of Sophiatown. Paragraph 3 refers

to a statement nr.de by the Minister of Justice that

Sophiatown Africans arc, armed with machine guns, sten

guns, pistols. It says that this is false. Paragraph

4 My Lords states : "Because it regards it as an act

of unwarranted interference, this me ting demands the

immediately release of Mr. Robert Resha, President-

General of the A . L . C . Youth League. Furthermore, this

meeting supports the decision taken by the A . N . C . , the

mother body to held a public divine national service on

21925 .

on the 12th February 1955 as a n>.ans of offering prays to

the xilmighty to guile u s . . . in connection with the

iniquitous removal scheme'.' ivy Lords, I read this for

two purposes, My Lord. Firstly , to show his knowledge,

and secondly - his knowledge of the Western Areas Removal

Scheme, and secondly, My Lords, this theme one also finds

in the speeches st meetings.

i ' .T. 53 is the next document, it is an ^frika journal

of the A . N . C . Y . L . it is the same as G.M. 30 . I t contains

the article Greater Tomorrow which commences as follows :

" I n this issue of Afrika we desire to unveil before

African youth a vision of tie Afrika we are aiming to

create in the not too distant future " . Your Lordships

will remember I also dealt with that article yesterday.

T . T . 54 is an A . N . C . Y . L . circular from Port Jlizab-th,

Cape Province. I t bears the written signature, T . T .

Tshume, President.

T . T . 55, is a document "Basic Policy of the A . N . C . Y . L . "

T . T . 79 My Lord, is a roneol document headed Statement by

Mr. »'.M. Sisulu, Secretary-General of the A . N . C . and it

is dated the 20th .august, 1954. I t deals with the fact

that hv. was ordered by the then Minister of Justice to

resign from the a . N . C . This document has also been

dealt with on several occasions, My Lord, but I will

be quoting certain passages from i t .

MR. JUSTICE KJKITLDY :

I wonder i f I could take you back to

page 18 , T . T . 35 , it was the subject of considerable

liscussion - it has been dealt with c nsiderably before.

That was the document concerning the Accused Sisulu, and

21926.

the Report "by Segoni, whore the Court indicated - I

sp ak for myself - that the conparison between the two

was odious. You will bear in mind the attitude of the

Court when you do use this , T .T . 35, for any purpose.

MR. TJRBLANCHJ! :

I an only using T .T . 35 My lords to show what

knowledge this Accused had, fron this document which he

hal in his possession.

T .T . 80 is Luthuli 's Presidential address at the Queens-

town Conference in December, 1953* It is the same as

N.R.M. 11 , My lord.

T .T . 83 is a document Presidential Message and Call on

the anniversary 1956 of June 26th, by a . J . Luthuli,

President of the A . N . C .

T . T . 90 My Lords is a bulletin Sechaba, the bulletin of

the New Brighton Branch of the A .N .C . and it shows

T .T . Tshume a3 Secretary ofthat branch and it bears the

signature of Accused on the cov^r page. It has been

r.dmittoa ttrt th: t is his signature. Is in the Zosa

language and a translation was read into th.. record.

It contains the speech of C . J . Mayekiso, the Chairman

of the New Brighten Branch. T .T . Tshume, in his capacity

as Secretary, was the author of the Introduction. There

was also a portion dealing with the branch executive

Commit :ee Report. My Lords, it also shows that Tshume

was 011 the National Executive Committee in 1955 to 1956.

But that is the nearest I cin getto the date My Lorl, as

the bulletin is undated. My Lord, I also dealt wit.i

this yesterday. Your Lordships will remember that in

that report it is stated that members of the branch

21927 .

executive Committee should attend branch meetings regu-

larly in order to be well informed and lead the people

in an able manner. To this end members were urged to

pay special attention to local problems and to study the

history of the liberatory movement in other foreign coun-

tries and their relation with local conditions. Hence

the advisability of reading such publicatio ns as Libera-

tion, Fighting Talk, Isizwe, and especially the workers

paper, the New h.{_e. All the work connected with the

struggle for libe ation is in the hands of the Branch

executive Committee which is elected annually. The

Committee is the vanguard of the people and it must meet

the people on their demands." Then My Lords, the

next portion s "We feel proud of volunteers w o obey

the directives of Congress leadership for their readi-

ness to work at short notice. We say "hats-off" to the

local volunteer board for its rigid enforcement of disci-

pline amongst volunteers. I f the volunteers are

always in preparedness to do work allocated them

without question there is no reason why the people

should not be freed from the bonds of oppression.

Political study troups ai„ongst volunteers ar- v~ry

important. The leaders of this branch are trying

by all m ans to provide political lectures for the

volunteer group leaders. It is necessary that

the Jxecutive of this Branch Siould stress the

importance of political study groups (of tens) ,

to be shouldered by the local Volunteer Board where

volunteers will be given lectur-s on political matters

and th ; role of the volunt-ers in the national liberatory

21928.

movement. Let us not retro it fellow Africans. Let us

not falter for we seek living in the land of our ances-

tors. Let us have courage for we demand our - for our

liberation. No country has ev~r achieved freedom without

patriots. Our freedom depends on the men and women

who will make sacrifices for their country - the Volun-

teers. Long live the Freedom Volunteers". My Lord,

it also shows that T. Tshume was on the National Executive

Committee in 1955 to 1956.

T .T . 91 is a letter from the A . N . C . dated the 25th ^pril

1956 , to all branches of the A . N . C . , and it deals with

defence money urgently needed for Winburg.

T .T . 95 is a letter from the a . N . C . dated the 15th

August, 1956, addressed to the Regional Secretary, A .N .G .

lort Jlizabeth.

T .T . 100 My Lords is a letter from the A . N . G . dated th.

30th May, 1956, addressed to the Secretary of the A . I T . C .

Port Elizabeth stating in the last paragraph..-" My Lords,

that I won't read.

T .T . 101 is a typed copy of a circular letter to the

Irovinccs, Regions and Branches of the a . N . C . It says

"The time has cor.e, keep abreast with events and the

mood of the masses", and it reads as follows %

"Dear Friend, the N . J . C . is distressed by the failure

of Congress members and branches throughout the country

to take action on matters wiich are of vital importance

fo the people. V.ar is made against our fellow Africans

in ugypt^ the police fire on crowds and kill our people 5

leaders are Reported and threatened with arrest-, passes

for women an 1 men too become a burning question and the

21929 .

Congress is quiet! Why!1 " Then it says ;"From now

on every Congressite, man, woman, youth and every f ie ld

worker must come out to mobilise the mighty freedom

force against the n a t i ' n a l i s t regime. Please find here-

with enclosed a specimen leaflet for printing and dis-

tributions by your provinces, r e g i n s and branch organs. "

It comes from D. Nokwe, assistant Secretary-General.

A similar letter has bejn dealt with too, My Lords, when

the case of Nokwe was argue 1.

T . T . 102 , a letter from the a . N . C . dated the 12th

September, 1956, to all Provinces.

T . T . 105 , is a manuscript document addressed by the

Provincial Secretary of the A . N . C . Y . L . Stutterheim, to

the assistant Provincial Secretary, New Brighton, Port

Elizabeth dated 1 . 4 . 1 9 5 5 .

MR. JUSTICE KENNEDY ;

Would you tell us why you want T . T . 1 0 0 and

T . T . 1 0 2 , because they arc not really of any u s e . . .

MR. TERBLANCHE s

It just shows, My Lord, that the accused was

active, having these letters in his possession in my

submissions shows that he was active, he wasn't just a

member.

MR. JUSTICE RUMPFF i

I seem to remember that on your membership

you shows him as a member of a number of committees up

to the Presidency of the -&.N.C.Y.L. Cape. Now do you

quote T .T . 102 to show that he was active?

MR. TjRBLANCHE S

..til these letters , My Lord . . . .

21930 .

MR. JUSTICE PJJx.'ZFIF :

I an on T .T . 102, Mr. TerLlanche. We have

got to consider every one of your submissions. This is

one of your submissions that we must consider, T . T . 1 02 .

Now we are trying to find out why must we consider T .T .

102.

ME. T jRBLANOiLJ :

My Lords, T .T . 102, with all the other

letters found in his possession, in my submission shows

that ho was active.

MR. JUSTICE RUIvZFIF s

How does it show that he wes a ctive if a

letter is found in his possession?

MR. T iRBL-nNCHE :

My Lords, it shows that these letters came to

him, that . . .

MR. JUSTIC3 RUMPFF :

T&at the person who sent the letter was active.

MR. TjRBLANCHE s

And considered iiin to be such too.

MR. JUS TIC j RUMPFF s

Was this letter addressed to him?

MB. T .RBLaNOH^; S

It only says that it is addressed - My Lord,

T .T . 102 is a circular letter addressed to all Prcvinc-s.

MR. JUSTICE RUMPFF ;

Bo you say that if I am found in possession

of a letter , the inference is that I am an active person?

MR. TERBL-aITCILj s

The person holds certain positions, My Lords,

21931.

and he has that correspondence in his possessi n. It is

ray submission th$t it shows, My Lord, an active interest

in the organisation of which ho is a member.

T .T . 106, My Lords, consists of three letters - I will

leave that out, My Lords.

Then he had in nis possession a letter

addressed to the Secretary of the A .N .C . Korsten Branch,

from the Federation of South African Women, Port Eliza-

beth. That is T .T . 104 .

Then in connection with the South African

Congress of Democrats, he had T .T . 63 which isua Counter

Attack of November, 1956.

T .T . 71, the booklet, We Are Many. T .T . 72, The

Threatened People. T .T . 74, the booklet Where the Devil

Drives. My Lord, in ray submission this shows that he

had connection with this organis tion, which is mentioned

as one of the organisations in the Indictment.

Then in connection with the South African Indian Congress,

he ha 1 the journal New Youth, T .T . 63, - the New Youth of

September, 1954.

Then the National A c t i n Council of the

Congress of the leople, My Lords. T . T . I , a Freedom

Charter.

T .T . 25, this is a cover marked "Volunteer ; ', and it

contains, firstly, My Lords, The World We Live In , ^ . 8 4 ,

and secondly a document in a Bantu language, B .35 . The

evidence was that it is the same as B .35 . B. 35 is the

Report from the National Volunteer Board.

T .T . 26, is the document "elcome Freedom Volunteer.

T.I'. 31 is a carbon copy of a document C .O .P . eastern

21932 .

Province Region, dated the 16th September, 1955 and it

deals with the Congress of the People and the Freedom

Charter, which i t supports.

MR. JUSTIC.J RUr'PFF :

Is it necessary to deal with these documents

in detai l?

MR. TJRJlAlICm i

ITo, Fy Lord, i t is not necessary, it is stated

there. He also possessed certain Fighting Talks,

Liberation , New Age, and he had certain documents from

the 7/orld Federation of Trale Unions, My Lords, and he

also had certain documents from the V/orld Federation of

Democratic Youth, and also a document dealing with that

subj .ct, T . T . 29 , which i s i. circulated dated the 30th

January, 1954, New Brighton, Port Elizabeth , issued by

the Organising Secretary, to "D^ar Fr iends " , and it

deals with the Colonial Youth Day. My Lords, I will

be referring to that again. I am only using it that

he had knowledge of that document.

MR. J U S I C J ILJNNLDY :

Th~ Organising iecretary of what? Do«3 it

say?

MR. T-JRBLaNCHJ S

My LorI , it doesn 't say, but I submit that

it is the Organising Secretary for the Committee which

was to organise Colonial Youth Day in New Brighton.

MR. JUSTICE RUMPFF :

Why do you say that?

MR. T-3KBLANCHJ1 :

My Lord, I w i l l read the document. "The World

21933.

Federation of Democratic Yvuth, representing over

80 million youth all over tne world, has once more issued

a call for youth tJ Celebrate ffloloiiial Youth Day on

February, 21st, 1954 . " xhen My Lords ; " In spite of

the short notice we hope your organis tion will do all

in its power to sendrepresentatives to this inau 0ural

m e e t i n g . . . "

MR. JUSTICE RUMPIF S

Just r^ad the last portion of the f irst

paragraph there, "Already in other parts of South

Africa Colonial Youth Lay Conunittees have be^n formed. . "

that is the last sentence of the f irst paragraph. That

is what we want.

MR. TJH-.L^Ng&j :

Yes, My Lord, and then it refers to arrange-

ments made in Port Elizabeth, so th. t is my submission

that this is the Organising Secretary of this Colonial

Youth Day Committee.

T .T . 33, My Lords, is a typed document headed The Sig-

nificance of 7orld Youth Day, and it is the same as A . 9 .

I will be dealing with this a^ain at a later stage.

T .T . 58, a letter f r .u the / . F . D . Y . dated the 13th

September, 1955, addressed to T. Tshume, New Brighton,

Port Elizabeth. It thanks the addressee for a letter

and asking him for more information as the V.x ' .D.Y. has

already started preparing for the Sixth Festival,

which will be h~ld in Moscow in 1957. My Lords, that in

my submission refers to T .T . 60.

T .T . 59 is a 1 tter from the W . F . D . Y . dated 5 . 1 2 . 5 5

addressed to T .T . Tshume, New Brighton, lort Elizabeth,

21934.

and it states % "Dear Friend, we are v^ry pleased to

receive your letter of November 7th. We know your

situation and qy.ita understand the reason for the

interruption in correspondence. We want to thank you

in advance for the ad Iresses which you will send us.

They will be very useful in our work lor the youth

organisations in your country. Concerning your request to

advise your friends in our review to write to you, we

will only be. too glad to do this, as you nay know, we

are preparing for a celebration of February 21st, the

day of struggle against colonialism and solidarity with

the colonial youth. We would appreciate it if you could

write to us a plan of your organisations in jour town

concerning this day . "

T .T . 62, My Lords, is the Information Service of the

W . B . D . Y . , a bulletin dated July/tiu ust , 1956.

Th^n My Lords, there are the documents

T .T . 20 and - to T .T . 24 which I pointed out to Your

Lordships, when he was searched, he said that T .T . 20

didn 't belong to him, but belonged to his brother, he

couldn't give his name or his "brother's address. Then

the admission was made 20 to 24 was excluded, and he

said it was found in his house, but i t i idn 't belong

to him. These documents, My Lords, were described by

Professor Murray, the f irst one, he said that portions

of this document - rather, " I t contains a vory brief

history of the Communist Party on the basis of Communist

doctrine and interpretation", and he also stated that

T .T . 21 contains Communist matter. T .T . 22, the

contents of this book is Communist matter. T . T . 23 , he

21935 .

said i t contains communist matter. T . T . 24, he said the

matter in this document is communist.

MR. JU5TIC.J RUMPFF :

What does it mean by that?

M R . TJRBL-TINQK... S

My Lords, that is part of the oth~r argument.

I put it in here for convenience of anyone who may follow

me in this argument. Mr. Liebenberg will deal with these

exhibits and other matter found in possession of Tshume.

The same applies , My Lord, to T . T . 84 and T . T . 85 .

Then My Lords, I have a heading there,

"Unclassi f ied " , these are documents which have been

mentioned in this case, and I cannot say from which

organis tion it comes. First is a booklet, "South

Africans in the Soviet Union" , is it-- it is the same as

A . 1 9 7 . Secondly, My Lords, a document T . T . 88 . It is

a document in a Bantu language. Fortions of the

translation were read into the record at page 9 9 8 7 / 9 3 .

My Lords, it is a long document, I am not reading the

whole. The gist of it refers to - it lauds Karl Marx,

tells about him, and then it deals with the Communist

Party, and it further deals with capitalist governments.

MR. J UjTIOJ BACKER ;

Is this a typed document or a manuscript or

roneod or what?

M R . T J K B L A N C H B S

My Lord, it is just described as a document

in a Bantu language, a translation will be provided in

due course. That is according to the record, My Lords.

My Lords, andthen where the translation was read in , i t

21936 .

states ; "Now would you look at the typewritten docu-

ment, T . T . 88 , together with the manuscript document

which I think is in your handwriting" . Is it a type-

written document, My Lord. I t also deals , My Lord, with

the l iberation struggles in africa, and i t deals with

the l iberation struggle in South Afr ica . It deals with

how the people had fought, trade unions , liberatory

movements, and the result - vith the result that many

of thorn lost their l i v e s . I w i l l be referring to that

document again, My Lords. My Lords, this document shows

at least th:«.t he had knowledge of liberatory struggles

in other parts of the world. My Lords, I will be dealing

with this locument again, but as this is a document which

I cannot connect vvith any organisation, I would rather

make my submission on it now, and that is that from this

document the Accused had knowledge of - he called the

government of South Africa capita l ist , - he had knowledge

that the government of South Africa was considered to

be a capitalist government.

MB. JUSTICE RUMPFF :

By whom?

MR. T.JRBL^NOHJ s

By whoever was th- author of this document.

MR. JUSTICE Bui IFF F :

How are the views of the author of this

document relevant?

MR. T,RBL-,NCHE :

My Lords, he has this document in his

possession, and from this document - those things are

stated in this document. Keeping' i t in his possession,

21937.

My Lord, in ny submission Ihose were also in accordance

with his views.

MR. JUSTICJ RUMFFF :

Because he ha 3. it in his possession? Because

he had this document in his poscession, the contents of

it was according to his views? That I don ' t follow.

MR. TJRBLrt.NOHi! s

My Lords, he at least knew from this document

about the liberatory struggles in other countries.

MR. JUSTICJ RUMPFF s

That somebody made certain allegations about

the liheratory struggles anl so on.

T jKBLS-NCHE :

And also, My Lords, that the struggle in this

country caused the death of people.

MR. JUSTICJ RUMPFF :

That somebody said so in this document.

Then you have put it a l ittle bit high, "that he knew".

MR. TYRBIuiNCtU s

My Lords, this locument deals with the same

topics which other documents of his organisation deal

with, the liberatory struggles in other countries.

MR. JUS TIC., RUMFFF s

Vv'ellj that is another matter, i sn ' t it£

MR. TJRBL^NCH^ ;

It deals with the same topics, My Lords.

I t describes these liberatory struggles in o t h e r coun-

tries, and it also refers to the liberatory struggle in

this country, and it refers to people who lost their

lives in that struggle. So that, My Lords, my submission

21938.

is that the accused, from this document, knew that the

struggle that they Wore carrying on might result in

violence.

MR. JUS TIC J KENNEDY s

Because you say he know the contents of it?

Is that what you say?

MR. T-jRBL^NOriJ! 2

Yes, Mv Lord. Jven the struggle in which

in my submission the Accused was concerned in South

^ fr ica , it deals with that, and therefore My Lords, in

my submission he knows the contents of this document.

It refers to certain persons closely connected with the

Africah National Congress . . .

MR. JUSTICE RUMPEF s

You made your submission that we must infer

from the fact of possession that he knew the contants of

this document, because it contains some topics which

appear in other documents.

MR. TEEBL̂ NCi.-.iE s

It refers to the African National Con^r^ss

as such and persons connected with the African National

Congress.

MR. JUSTICE RUMITF s

And what must we infer then?

MR. T jR3IutN0fL-i :

That he knew, My Lords, about the liberatory

struggles in other countries and about the liberatory

struggle in South Africa , and trade unions, that people

should form up their trade unions and strengthen their

national liberation organisation. "African workers have

H 9 3 Q »

fought many a time for their r ights . " and then he

mentions a few instances where % incidents in the

long struggle "by trade unions in the liberatcry

movement, where people have lost their l ives . And

the bloody methods used by the oppressor, such as

murdering, used by the oppressor in trying to suppress

the workers.

MR. JUSTICE RUMPFF :

What is the inference then?

ME. TERBLANCHE :

The inference is , My Lord, thathe knew that

the struggle in which they were engaged, the liberatory

struggle, might result in violence.

MR. JUSTIC J RUMPFF 5

By whom?

MR. TERBLANCHE 3

By the bloody methods used by the oppressor,

My Lords. I then turn to deal with the meetings, My

lords, and firstly I set out two meetings at which the

Accused spoke, from Exhibit X . 20 , showing that he was

active. My Lord, the first meeting I deal with is a

mc-ting of the 6th April , 1954, held at New Brighton,

Port Elizabeth, the witness is Segoni, the chairman is

Kepe and one of the speakers was Tshume,. Accused 28.

He is reported to have sail , My Lords ; "'The time is

coming for us to carry out an underground movement.

You must all read newspapers which is Advance. The

advance newspaper is going to publish the propaganda

of the A .N .C . This newspaper was called Guardian,

Peopl 's World, and no\fe it is called Advance." And then

21940.

My Lords, "There arc certain magazines which have been

banned too because they don't want them to be read

by the Africans. You will reme:..ber that when the Dutch

people arrived here murdered our chiefs and later

fought amongst themselves. In Parliament there is a

Liberal Party which also fights for government this

- for governing this country. Our fathers were staying

at Korsten, Uitenhage and other places, but they

were removed to New Bright-n." He then referred to the

removal from the Western Areas, Johannesburg, and he

said ; "But all those laws are bad. The Europeans are

fighting for the capitalists to have the wealth of this

country. Malan knows that he will dieone day but he

wants to fight for his generation. Mashabala and Nkosi

who were shot in Durban during the bur ning of the

basses tried their best. Since the Defiance Campaign

started the oppressed people are not prepared to

retreat, and they all say freedom in our lifetime.

When Sisulu went over to Russia and China he met

some leade 's ther^. The government of this country

did not know that Sisulu had gone overseas. When you

g«t your freedom laws won't prevent you. This day

marks importance of the 6th April when we went to the

mountain. The African youth must take a part in

pol it ics . " ^nd then he referred to the boycott of

shops in New Brighton. My Lord, in addition to what

he said, I wish to point out here again there is

mention of Sisulu who went to Russia and China without

the knowledge of the government, which shows, My Lords,

in my submission that Segoni probably took down correctly

what was said by this speaker. I mention that specially

21941 .

My Lords to show that this theme that also appears in

documents and in other speeches, and that Segoni

probably t ok down correctly in this instance. That is

a topic mentioned many times. My Lord, there was no

specific cross-examination on this meeting.

The next meeting, My Lord, is a me -ting of

the A . N . C . Y . L . held at New Brighton on the 10th April ,

1954. The witness was one Mredlane, My Lord. My Lord,

no particulars of his speech were read into the record,

and there was no specific cross-examination on this

meeting. I only mention that, My Lords, to show his ac-

tivit ies .

Then My Lords, a meeting of the A . N . C . Y . L .

held at Korsten on the 27th May, 1954 . The witness was

Native Detective Sergeant Sigoni, My Lords, Mondani

was t h e Chairman, the speakers w e r e Tshume, Ntsangani,

and Matshe (Matji ? ) . Now Tshume, My Lords, was the

f irst speaker, and he said - he encouraged the people to

join the African National Congress Youth League, and

he spoke on behalf of the A .N .C . Youth league on their

activities , ^nd then he said ; "The government has

proved that it is fighting against the African youth.

T h e r e is n struggle that could be carried out without

the youth. The youths are required to join the

A . N . C . Y . L . sc as to achieve freedom as other nations" .

The cross-examination, My Lords, appears at page 9792,

and in regard to Tshume's speech he was asked why he

put " inter alia" and he said it was because it was some

of the things that Tshume said.

My Lords, I also refer Your Lordships to the

21942.

speech of Ntsangani and that of Matji . My Lord,

Ntsangani is reported to have said ; "Today is the

celebration of the Korsten A . N . C . Y . L . and it is thbre

to support the mother body. In the history we learn

that there are nations fr^e in overseas and that was

achieved through the youth. In Kenya the people active

are the African youths. The A .N .C . don't expect arms

to be carried, but it informs us to expect bloodshed

from those in authority. The government of this country

is prepared to have bloodshed. The government of this

country is prepared to have bloodshed because it doesn't beats ?

want to us - to give us piece of bread. If a man greets

you one (?) is th^re to retaliate. The Europeans are

going to force to form up Mau-Mau in this country, and

we have already heard about Cheesa-Cheesa army. We are

going to oblige to stand as men. The A . N . O . Y . L . was not

formed to work against the A .N .C . but to support it .

The A . N . C . Y . L . is there to stand as members for the

A .N .C . The African child is going to be deprived of

education in these days and that won't help him. This

education is going to teach African children to know

that the White man is a toss. On account of the White

colour the Africans are forced to believe that the

Europeans are oppressors to oppression ( ? ) . " Then the

speech of Matji (?) My Lords, who is alleged to hav^

said ; " I . . . . . . this afternoon freedom of people

in this country. Objective conditions forced by those

in authiPicity. When our people discover that we live subjective ?

under certain objective (?) conditions, they act because

it is not sufficient for youth to belive in oppression (?)

21943.

and you must proceed towards some other steps against

exploitation . "

MR. JUSTICE RUMPFF ;

Now what is your submission about this

Accused Tshume in relation to those speeches?

MR. T -jRBLANCHE :

My submission is this , My Lords, that Tshume

was a member of the Executive of New Brighton. This

meeting was held at Korsten. My Lords, I hold against

Tshume that here from this speech of Ntsangani he knew

that they had to expect bloodshed from the authorities

in the struggle. The second is , My Lords, that Ntsangani

however expressed the view that one should retal iate ,

and that they would use the same methods eventually as

in Kenya, wherehe says the 3urope?,.ns are going to force

to form up Mau-Mau in this country.

MR. JUSTICE B-iKKbR s

That passage about retal iation , just read

that again?

MR. TERBLANCHE s

He said , My Lords, "The government of this

country is prepared to have bloodshed, because it doesn 't

want to give us piece of bread. I f a man beats you,

one is there to r e t a l i a t e " . "The Europeans are going

to force to form up Mau-Mau in this country, and we

have already heaid about Cheesa-Cheesa army' .

MR. JUSTICE HJMPPF ;

What does that mean?

ME. TERBLANCHE s

My Lords, there was some mention about the

l

21944.

Cheesa-Cheesa a m y , but no evidence was really led about

i t ,

MR. JUSTICd RUMPFF s

What does that speech mean? Or that report

of the speech?

MR. TERBLANCHL 2

My submission is , My Lords, as I have already

said , that they could expect bloodshed in th^ir struggle

from the authorities , and that he went on and expressed

the view that they had to retaliate i f force was used

against them.

MR. JUSTICE 3EKKLR :

And then that reference about the Mau-Mau?

And the Cheesa-Cheesa? I ' l l tell you what exercises my

mind, Mr. Terblanche, other evidence as to the A . N . C .

generally reveals that in regard to the Mau-Mau, and the

Cheesa-Cheesa army, that the A . N . C . regarded that as

something put up by the government, not a real movement

at a l l , and it is nonsense to suggest that was the

position in South Africa . Now i f that were the view

held by the A .N.C. generally, and you read that, can you

rely on the correctness of those words there? As revealin

what the general trend of the A . N . C . was?

MR. TERBLANCHB S

My Lords, I am not using this to show the

gegeral trend in the A .N.C. I use it to show what the

state cf mind of these people in Port Elizabeth was. —.

M R . J U S T I C E BIDKKLR :

But 1 use the general tr„nd to t~st the

rel iabi l i ty of Segini . Now if that is directly the

opposite of the general tre id - the general view h~ld

21945 .

"by the A . N . C . , should one not he on the query?

MR. TERBLANCHE s

My Lords, there are many speeches in which,

in the Eastern Cape, the vijw was expressed, advocated,

that they must use the same methods as the Mau-Mau used .

in Kenya. My Lords, that was taken down, not only by I

one reporter, but by more than one reporter.

MR. JUSTICE BEKXER :

And that speech suggests there that the govern-

I ment is going to force us to put up a Mau-Mau. Is that

what it suggests?

MR. T.RBLiiNCHE :

That is what i t suggests, that by the acts

of the government - it can also suggest, My Lords, as

has been suggested in other documents and speeches,

that as Your Lordships pointed out, that the Mau-Mau

was only f ict ion , an excuse of the government to use

force against the Kenya people, it can of course also

have that meaning, that the government would also accuse

them here of forming Mau-Mau cr Cheesa-Cheesa as an

excuse to use violence against them.

MR. PLETMAN s

My Lord, I don't wish to interrupt, no doubt

by my - my opportunity will arise to deal with this,

but evidence was given as to the very word "retaliate "

by the witness Ntsangani at page 162 51 of the record,

and he denies having dealt with i t .

MR. TERBLANCHE s

My Lords, Ntsangani 's evidence will be dealt

with ful ly at a later stage.

21946.

MR. J US TIG j) BjjlKKLR :

It is a question of correlating the thing.

You see, here you have got your submissions on Tshume.

In reply to a question put to you by the Court, you

said you are relying int^r alia on and you are holding

it against Tshume what Ntsangani said.

MR. JUSTICE BUMPFF s

Then you quote to us what Ntsangani is repor-

ted to have said, and then e enquire into what he said

and so on, in other words this speech of Ntsangani is in

issue now. Then you say well, I am not going to deal

with the merits of that speech, it may be rejected

altogether at a later stage, the report of it may be

rejected, but on the basis that it is accepted at a

later stage, I now say that that is the position here.

It makes it very di f f icult to deal with this sort of

argument.

MR. T^EBLANCHig :

viy lords, I informed Y ur Lordships yesterday

that I am not dealing with the evidence given at - on

these meetings by Ntsangani and Nkalipi , because that

will be dealt with fully when their positions are

argued.

MR. JUSTICil BJKKLR s

'lro you going tD deal with Ntsangani?

MR. TJEBLxiNCHifi :

No, My Lord, my learned leader Mr. Trengove

will deal with both Ntsangani and Nkalipi .

MR. JUSTICE K21NNLDY ;

It would make it very much easier for us,

Collection: 1956 Treason Trial Collection number: AD1812

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