mr. trengove; no m,y lords. · the first witness - the first speake thar t i refer to is the speake...

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19301 MR. TBENGOVE regard to the Western Areas for instance, that in the pro- cess the A.N.C. were reckless in regard to certain cam- paigns, whether violence ensued or not? MR. TRENGOVE; Yes, my lord. RUMPFF J: I think your submission was that in the final clash the A.N.C. intended violence? MR. TRENGOVE; Yes, my lord. RUMPFF J; In the sense not only that they ex- pected violence from the State, "but also that they intend- ed actively to retaliate. That is your case? MR. TRENGOVE; Yes, my lord. RUMPFF J; Is that really the case of the Crown? MR. TRENGOVE; Yes, my lord. RUMPFF J; In essence? MR. TRENGOVE; Yes, my lords. RUMPFE J: Now in regard to the Freedom Volun- teers is the submission of the Crown that while they were to "be used to educate the people, organise them, perhaps take the lead in regard to certain campaigns, that they were organised if necessary to lead the people into violence at the stage of the final clash? MR. TRENGOVE; Yes, my lord. RUMPFF J; Is that the case? MR. TRENGOVE; Yes, my lord. RUMPFF Jt Tha case is not that during the time of the Indictment the A.N.C. v/anted the volunteers to com- mit violence? MR. TRENGOVE; No, my lord. RUMPFF J; And instructed them to commit violence? Tried to prepare them to commit violent acts in this pro- cess that leads up to the final clash? 25 30

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Page 1: MR. TRENGOVE; No m,y lords. · the first witness - the first speake thar t I refer to is the speake J.Br . Matlou. You lordshipr s will bear in mind that this Matlou is the person

19301 MR. TBENGOVE

regard to the Western Areas for instance, that in the pro-cess the A.N.C. were reckless in regard to certain cam-paigns, whether violence ensued or not?

MR. TRENGOVE; Yes, my lord. RUMPFF J: I think your submission was that

in the final clash the A.N.C. intended violence? MR. TRENGOVE; Yes, my lord. RUMPFF J; In the sense not only that they ex-

pected violence from the State, "but also that they intend-ed actively to retaliate. That is your case?

MR. TRENGOVE; Yes, my lord. RUMPFF J; Is that really the case of the Crown? MR. TRENGOVE; Yes, my lord. RUMPFF J; In essence? MR. TRENGOVE; Yes, my lords. RUMPFE J: Now in regard to the Freedom Volun-

teers is the submission of the Crown that while they were to "be used to educate the people, organise them, perhaps take the lead in regard to certain campaigns, that they were organised if necessary to lead the people into violence at the stage of the final clash?

MR. TRENGOVE; Yes, my lord. RUMPFF J; Is that the case? MR. TRENGOVE; Yes, my lord. RUMPFF Jt Tha case is not that during the time

of the Indictment the A.N.C. v/anted the volunteers to com-mit violence?

MR. TRENGOVE; No, my lord. RUMPFF J; And instructed them to commit violence?

Tried to prepare them to commit violent acts in this pro-cess that leads up to the final clash?

25

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19302. MR. TRENGOVE

MR. TRENGOVE; No, my lords. RUMPFE J; Is that the case? MR. TRENGOVE: What we say, my lords, in the ul-

timate result, when the order is given to be violent they will have to murder, murder. . .

RUMPEE J: Because there is no evidence, is there, before the Court that as far as the period of the Indict-ment is concerned, the A.N.C. intended the volunteers to commit violence?

MR. TRENGOVE; No, my lords, no. That is not our case, my lords.

RUMPEE J; Yes. MR. TRENGOVE; My lords, I pass now to the next

meeting by Coetzee, the shorthand writer; my lords, that is a meeting of the 9th January, 1955. The evidence of Coetzee is in vol. 38 at page 7469to 7484,and, my lords, as far as Coetzee is concerned the only cross exa-mination of Coetzee on this meeting is at page 7945 -and the effect of this cross examination was that Coetzee was asked whether speakers at meetings, and at this meeting in particular, told the police to convey accurate information of what they said to the authorities, and whether that v/as repeated at more than one meeting, and Coetzee said yes, that not appears in his notes, but he says that is also a fact of what the speaker said, he was reported accurately. There was no further cross examination, my lords, of Coetzee; the witness Ngcai also gave some evidence on this meeting - his evidence is in Vol. 46, page 9236, and there was some cross exami-nation directed to his evidence which is not particularly

Page 3: MR. TRENGOVE; No m,y lords. · the first witness - the first speake thar t I refer to is the speake J.Br . Matlou. You lordshipr s will bear in mind that this Matlou is the person

19303. MR. TRENGOVE

relevant, my lords at present. Now, my lords, there was no cross examination. In

the Defence evidence Resha dealt with certain portions of this evidence of Coetzee in Vol. 79 at pages 16777 to 78, in chief, and in Resha's cross examination - that was dealt with in Vol.80, page 16999. I will refer to Resha's evidence present, my lords. Now this, my lords, was a meeting at the corner of Morris and Victoria Streets on the 9th January, 1955. Your lordships will remember this was after the Removal Notices had been served on the people towards the end of December, and this was during January just before the actual removal. And, my lords, the first witness - the first speaker that I refer to is the speaker J.B. Matlou. Your lordships will bear in mind that this Matlou is the person who according to Resha at a later date, after his Beerhall speech, this Matlou is alleged to have approached Resha together with Gwendu and he approached him about his beerhall speech.

And, my lords, according to Resha's evidence this Matlou was an Executive member of the A.N.C. Sophiatown branch. Resha's evidence at page 17158, my lords. There is also evidence that he v/as the Chief-Volunteer in Sophiatown - that's also Resha's evidence.

Now, Matlou's speech at page 7474, my lords; he was identified by Ngcai, and the first portion of his speech refers to the Square which has been the meeting place of the A.N.C. over years, and he says at the top of page 7475, line A' "The time has now come; now the policemen, the detectives, the informers, the pimps -everyone must take up their positions in the affairs of this country. In due course, in a matter of days, we

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19304. MR. TRENGOVE

shall see everyone taking his due position in the affairs of this country and in the affairs of this township par-ticularly. 1<t h a g b e e n t o y o u f o r three years now, that one day our houses are going to "be stolen from us. It did seem as if that day was far off, but today that day is at hand. It is very clear that the Government of this country has for a long time now been asking for blood-shed, and one must ask oneself whether bloodshed cannot be given to them. We have given you all the details as far as the plans of the Government are concerned, robbing the people of those things which they have earned through labours and hardships." Then he refers to the next few days. He says at line 20 of that page: "The next few days will show who are going to stand by Congress; we want to know who stands with us. Those who are with us now must stand with Congress; they must assemble round Congress, they must heed the warnings of Congress, to stand and defend their homes; they are the brave ones. I speak of the mighty few because I know only a few are prepared to stand for what they have. They are those who will prove to the white man and the world that the Nationalist Party will never succeed - - the Nationalist Government will never succeed with their plans", and he talks about the next few days at the bottom of page 7475, my lords. "I want you to realise clearly that when you have made up your minds to defend your homes there is going to be great suffering. I want every one of you here to know what is going to happen if you fall into the hands of the Dutch who are standing here" -referring, my lords, to the police. "There is nothihg

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19305. MR. TRENGOVE

that they will not do to you, Tout we will do to them what they have done to the English in this country. They know that when the people are ready to move forward there is nothing that will stop them.

Then he refers, my lords, to the Dutchman again, and he says that - line, or rather page 7476, "That they have not learned the lesson of nationhood in history, but you must realise that it is not only the Dutchman that we will have to fight. We will have to fight our own brothers, people who have to make a living somehow, and some sons of Africa are no - policemen and detectives, but they will have to choose. Then only can they live. Nothing pleases me more than that the African people are being driven into a position where they are being forced to take up a position whether they like it or not. We are forced to take our freedom in our lifetime."

And he refers to the preparation at 7476 and says, "All of us - line 30 - "All of us must decide what to do to-day; this removal scheme shall guide us to a good way towards freedom", and then he says he wants to mention two things - at the top of page 7477 - "Where ordinarily it would have taken us 30 years to achieve freedom it is now going to take us one fifth of that period of achieve freedom. In other words it will take us much shorter now. It's just one of those things which we will encounter in our history; it is the starting point - quite a change in Africa."

Now that speech, my lords, was put to Resha and he says that that type of speech would be consistent with A.N.C. policy, page 16998 in his. evidence. Now, my

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19306. MR. TRENGOVE

lords, I'll deal just now with the speech of Resha's at the sane meeting, but I submit, my lords, that this speech in itself is incitement to violence. At this point, my lords, where they are about to be removed the speaker asks his audience in Sophiatown - he says "The Government has been a long time "in asking for bloodshed and one must ask oneself whether bloodshed cannot be given them," Then he says, my lords: "We are not only going to fight the Dutch-man, the white poolice, we are also going to fight our own brothers". And he says he is pleased when he is being forced into taking up a position, and he says "We are forced in this regard to take freedom in our lifetime," and he tells the people to expect great suffering and he tells them that these Dutchknow when the people are ready to move forward there is nothing that will stop them.

My lords, what kind of language is that, my lords, if you have an organisation whose policy is non-violent? My lords, how is this fighting - not only between the white police, the inhabitants of Sophdatown - how are they going to fight their own brothers? And what does it mean, my lords, when he says "We must decide whether we are not going to give bloodshed to the Government". What does he mean when he says "We are pleased to be forced to take up a position"? My lords, we respectfully submit that this speech can only mean one thing in the Western Areas, and that is that the people had to be prepared, if it was necessary, to engage in a physical conflict.

My lords, he is then followed by a woman named Karai and Karai spoke from the platform with Matlou and Resha and she says at line 15 on page 7477, "Sons and Daughters of Africa, we have come to the end of the road.

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19307. MR. TRENGOVE

The African is no . . .he turns around; if he was a .he would not have turned around; yes, we have

come to the end of the road.i: "As soon as we realise that we must find out what must be done. If a man stands on this platform he must realise his position, and must not be afraid of things to happen. Things have gone from bad to worse; the time is short". She says, at line 25, "It is a fact that the Afrikaner has come to oppress us, has come to step on us, and this business must end; we must take our stand, man and woman. As the position is today we have come where every man must ask himself the question, and that question is 'Where is my place?' We must know that what we are going to do is foul but we must kill - we are going to ki]*^ these people. We know very well that what we have done in the past is nothing; what these people have given us is poison, and they are aware of it. We must place them where they have placed us all the time. They have killed us, they want to kill us. Now we will kill them. Every man must ask himself this question. The white people say there is a Command-ment "You must not kill", but they did not heed this Commandment; they are placing difficulties upon us which they sire not prepared to bear. We are not afraid to die for freedom like the Children of Israel; they died because of their cause, and we shall die in the same way."

Then, my lords, she refers to the sufferings, as to the way God determines things, and she refers to Moses and the land Cainaan, and she says that the white Moses of their day would not see that land."

My lords, that speech is unadulterated incite-ment to violence. It's an injunction, my lords, to 30

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1

19308. MR. TRENGOVE

violence, and how did Resha deal with it? H w did Resha deal with it in his evidence? Bearing in mind, my lords, that he was not cross examined on this at all when he gave his evidence, Resha deals with this, my lords, at page 16777 and he suggests, my lords, that Annie Karai could not have made this speech, because, he says, it's a violent speech and she is an Executive mem-ber of the African National Congress in Sophiatown and shoud not , or would not make a violent speech, a type of speech like that; and, my lords, another factor which seems to influence him in coming to this conclu-sion is that sir was a prominent and devoted member of the Dutch Reformed Church,

And at page 16999, vol. 80, he is once again questioned about Karai and her position and he confirms that she was a prominent Congressite,

My lords, we submit respectfully, on the evidence, that your lordships will find that that speech was made, particularly in view of the absence of any cross examination of Coetzee on that issue, my lords. And, my lords, if it was made how does this fit in with their policy of non-violence? And can one simply brush aside this speech and say that on that occasion this Executive member in Sophiatown was not expressing policy? Matlou was there, Resha was there, and my lords, Matlou's speech set off the meeting in that spirit, and Karai was merely, my lords, carrying it a bit further - what Matlou had suggested.

My lords, then one gets Resha's speech at this meeting. Resha's speech starts at page 7478 and he says at page 7479, at line 5: "This talking of the removal 30

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19309. MR. TRENGOVE

of the people of Sophiatown is now a fact, not just a natter of talk." Then he tells the people about the issue of the notices to vacate on the 28th December, and he says at line 19, "But I do not want to tell you what Strydom has said, I want to tell you what the people of Sophiatown must do, and finally I'm going to tell you what Congress are going to do and I'm going to tell you... then a certain portion were not taken down, my lords.

Then he refers to the people who received the notices and he says: "Now some of the people who re-ceived these forms went to Meadowlands to see what the Government have done who love the Natives so much. What did they see? They saw beatutiful three and four roomed houses, beautiful in comparison with the hovels which we live in in Sophiatown; some of them came back pleased, meaning that they were no longer to be the victims of the never satisfied landlords of Sophiatown", arid then he talks about these people, my lords, and he explains to the people why they shouldn't be misled by the nice houses. He says they will be subject to certain disabi-lities, they will be subject to the bosses of the Native Affairs Department; they will have to pay a higher rent; he refers, my lords, to the difficulties that might arise with the Ethnic grouping, and how the groups might fight each other, and then after having dealt with the disadvantages of the scheme he says at the bottom' of page 7481: "If you go to Meadowlands to-day you are finished11, that's line 24, my lords, "You will have to go to the Superintendent every day and say 'Please baas". The African National Congress wants to avoid this crime.

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19310. MR. TRENGOVE

We say it is only a few days. We will not move. We will not move. We will not move." And then, my lords, there are certain phrases in the vernacular which the shorthand writer couldn't get, and then he says "Sons and Daughters of Africa, show your worth. I want to put a very perti-nent question to you; if you say you will not move what will you say? You will say you will not move, and by saying that you mean you will sit down, and you will not move. But a man who is determined to move you will lift you bodily and soul and put you outside, and what will happen then? I can answer that question, or perhaps you will answer it for me. I can answer that question but I cannot decide for you. You must decide for your-selves. Personally I have satisfied myself that if you ask me what is my answer I say 'I shall not move'. The white man considers himself next to God, and when he says move he expects you to move. Therefore, my friends, the decision that you must make must be one to defend to the bitterest end".

My lords, he doesn't tell them there, "If you are sitting in your house and you are taken out body and soul, at that stage you must go, and that is the end of your resistance. He puts it to them, 'If you are outside what will happen then?" He says, "I can answer that ques-tion for you". He says "lou answer it for me, you decide for yourself". My lords, surely, if it was their policy as they say it was, that people had to resist up to the point - merely up to the point where the police entered their houses and then willingly going - - if it was the duty of the Freedom Volunteers to tell the people in the houses at that point 'Now that the police have come to

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19311. MR. TRENGOVE

your house, at that point you will go". My lords, there is no place for a speech like this, asking the people what they will do when once they've been taken outside? And he concludes, my lords, that portion of his speech -his rhetorical question - by saying: "You must make the decision, your decision must be to defend to the bitterest end", and then he talks of Prinsloo, the Information Officer, and certain lies that were spread by him, and then he refers at the bottom of page 7482 to the police cars that have been moving about in Sophia-town at that date. He says, "Why is it that we see to-day that the police have seen fit to have two radio cars in Sophiatown? A few days before removal. Why is it that every day your houses are being searched for dangerous weapons, every night? Ask your friends. Ask yourselves for instace why is this big police barracks being built? Why is it that Europeans come and write down on Sunday what we say? They mean to kill you and rob you of your properties."

Then he says: "We have been running away for 300 years, we must "turn back and face it, and the only difference will be that we shall see their backs for a turn (?). They are going to stand up, they are going to face it, the police are going to turn round. The second difference will be that whilst their bullets are coming to-wards us, we shall be getting nearer and nearer. They may bring all the police they like to ....But we shall not be outnumbered. We, the African People, must stop running away. You must be determined and say 'If I die I must die for a good cause', otherwise every man will despise me'.

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19315. MR. TRENGOVE

Many people say Congress is wasting time; they are lying. I have met many young men playing dice instead of coming to the Square. Ye s, friends, w have been wasting our time. We have been wasting our time because itw as never our intention to attack any one, but Africa's freedom is being attacked. I want to agree with the sons who say Congress is wasting time, but I and you will now go into action. But I want you to understand,not stone throwing and running away, standing on corners and throwing stones at the police. No, Congress will show the way. We will go to the enemy in broad daylight and face them. I have lived in Sophiatown and know what material we have here."

Then, my lords, he concludes after saying that they are not going to tell Dr. Verwoerd what they are going to do on that day. He says he will be there; he says at page 7483, "When you go back to your houses you must mark in red ink from the 1st February. February will, show whether in fact the Africans are cowards. Some time in February will be decided, whether Africa is going to be a white man's country or whdther for us. This is our home, Sophiatown we shall not move. If the Government succeeds in moving us we must do something to make us remember Sophiatown."

My lords, following upon the speech of Matlou and the speech of Karai, this, my lords, we submit, this whole meeting is inconsistent with any alleged policy of non-violence. This suggestion by Resha that they must not turn back, they must face the police, that there will be bullets, that they will not be outnunbered, that they must die for a good cause - my lords, one can even

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19313. MR. TRENGOVE

take the speech "by itself - quite apart from all his other utterances, and we say, my lords, that on this speech the African National Congress cannot say that their policy in the Western Areas was one of mere passive resistance.

Now, my lords, how did Resha deal with this in his own evidence7 He says, my lords, in Vol. 79, page 16778 of the record, wherehe first deals with Mrs. Karaifs speech - I referred to that - and he then turns to his own speech and deals with that at page 16778. My lords, that one passage was put to him, "I want to ask you a very pertinent question, if I say you will not move what would you say?" — your lordships remember that - -he says he cannot exactly remember it, but he says what he could have been advocating at that time was that people should not move willingly on the day of removal. And he says what should they do, they should remain in their houses, and when the Re-Settlement Boaid.comes to move them they should refuse.

My lords, that is not what his speech says and that is not what they wanted in the Western Areas. They wanted the police to come along and on his own speech, my lords, something more had to be done than merely re-sist up to the point where they entered the houses.

And, my lords, his reference to telling the people that they must defend their houses to the bitterest end$ he says he could have said that, he says that does not mean violence, and he says this reference "If I die I must die for a good cause' at page 16779, line 15 - -'I could have been referring to the effect, that if the people were prepared not to move on the day in question

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19315. MR. TRENGOVE

the police, as they have done in the past, might decide to baton charge the people, or to shoot them, and I felt if that were to happen it would be a good cause to die for.'

Now, my lords, that also is not an explanation of what he said. It goes much further than that, because, my lords, he says, even if the police do attack, even if the bullets are showered on them, they will see the backs of the police and how, my lords, was that going to happen? If it was merely going to be mowing down innocent people. My lords, only a number of removal notices were going to be issued on that day, and how was that going to happen if what he had in mind was merely 150 people staying in their houses, and those people being baton charged or shot or something or other?

And, my lords, he deals with this too, at page 16999, vol,80, in which he says that that speech of his - the effect of his answer there is that that speech could not have been misunderstood because the resistance of the African National Congress - that they wanted the people to offer in the 7/estern Areas - was always clearly defined. Now, my lords, if there is one thing that is clear it is that the actual form of resistance was never clearly de-fined, and that, my lords, is the complaint that was made in Report, A.162.

I pose this question here again, my lords, the question that your lordships are going to ask is how can this type of speech be reconciled with a policy of non-violence, quite apart from all the other speeches that they made about their policy being allegedly non-violent?

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19315. MR. TRENGOVE

My lords, the next speech was on the 30th of January, 1955, A.N.C, Sophiatown, also a speech taken dwon Coetzee, and my lords, the evidence of Coetzee is at Vol. 38, page 7484 and 7502. The cross examination of this witness, my lords, in regard to this speech is to be found at page 7751, and 7754 and also - he wasn't cross examined by only one of the Defence Counsel - - he was also cross examined, my lords, at page 7495.

My lords, the effect of the cross examination is firstly at page 7751 - a certain speaker, Mokilwe, spoke at this meeting and his speech was in the vernacular and was not translated. It was transleted to Coetzee by a certain Constable Wolten (?). For that reason the Crown decided not to get Coetzee to testify to Mohilwe's speech. In cross examination he was asked a question about this; he was asked whether it was translated by Molten and the Crown then pointed out at page 7757 that that was the reason why this speech was not read in in chief. That was one part of the cross examination, my lords.

The other part of the cross examination, my lords, is at page 7945, and it was again put to Coetzee whether the speakers asked the police to convey accurate information, and the Defence also asked the witness to read in the speech of a certain Miss Neville who also spoke at this meeting with Vundla and Resha, and her speech, my lords, was read into the record. Apart ' from that there was no further cross examination of Coetzee on this meeting.

The witness Ngcai also gave evidence of identity and he was cross examined, but I leave that for

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1 19316. MR. TRENGOVE

1 the moment. Now, my lords, this was an African National Con-

gress meeting on the 30th January, 1945, in Sophiatown. KENNEDY J: Were the whole of the proceedings

interpreted by the constable? MR. TRENGOVE; No, my lords, only the speech

of Mohilwe- he spoke in the vernacular; the other speakers, my lord, - this Miss Neville for instance who was there - apparently the speeches were in English, my lords.

10 KENNEDY J; Insofar as Mohilwe's speech was

concerned the Crown is not relying on it. MR. TRENGOVE; The Crown didn't rely on that,

my lords, because it was interpreted by the constable to Coetzee. 15

KENNEDY J: Yes. Did it go into the record at all?

MR. TRENGOVE; My lords, I think in the cross examination of Coetzee - a certain portion of it was read into the record. My lords, the first speaker at this 20 meeting was Vundhla. Now your lordships will remember that he was the speaker who spoke at the Anti-Apartheid Conference on behalf of the African National Congress, and he was in charge of this meeting and at page 7486 he confirms that this is an African National Congress 25 meeting and that they have speakers on the Western Areas Removal Scheme and the Bantu Education, and he announces that at page 7486 - he announces Mohilwe and he announces that Dr. Moosa will speak and then Dr Moosa speaks. My lords, he puts this question to the audience - he wants 30

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19315. MR. TRENGOVE

to know if they are going to move, and he refers to the day of Freedom which is fast approaching,and after that the Chairman Vundhla announces the next speaker as Modise and he speaks in Afrikaans. Then there is a reference again to the police; then Miss Neville speaks and then there is the speech of Resha, at page 7491, - where he starts talking. I refer to one or two passages, my lords, in his speech. He refers to the fact that only frightened people carry arms in Sophiatown, then to the fact that Congress doesn't fight the Government merely because it's white. Congress would also fight the Government if it doesn't do the things that Congress likes, and then he says "The kind of South Africa we envisage will be ruled by people qualified to do so, whether black or white; if the white man is qualified to serve the country he can by all means do so. Then he refers to Hitler fighting small nations . .I'm sorry, my lords, that is still the Chairman. Resha speaks, my lord - he actually starts at page 7492; and he refers again at page 7492 to the fact that the actual removal is on hand; he refers to Sophiatown, he compares it with Meadowlands, and the Government offering to pro-tect people who go to Meadowlands; then Resha says at page 7493 - "But suppose there are a few traitors who go to the Government and ask for protection when they move to Meadowlands, I want to warn you now that if you run away from the rain to go home, then you will also run away on the date of removal." Apparently it started raining, my lords. »»i w m not stop, I will be there on that day. The question I want to ask these men, these men who ask for Government protection, will they go and live there with these who ask for protection in Meadowlands?

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M o will protect them there? I want to tell Mir. Piet Grobbellaar through his agents here to-day that the African people do not want his protection. If they want protection they will go to the African National Con-gress." Then he asks the audience if they want protec-tion and they say 'No'.

Then he refers, my lords, to - page 7494, line 6 - he says: "Friends, as we are meeting here today we are meeting on the eve of a dark day, even on darker days to come. To ask' for removal from their homes of people means robbery of our homes and property - - it's shameless robbery. To ask for the removal of the Wes-tern Areas is to ask the entire African population to be rendered homeless in the land of their birth. To ask the removal means the breaking down of family life; to ask for removal means the throwing of African people into cheap labour camps like Meadowlands, from where it will be easy to distribute them to farmers in Rusten-burg and Ermelo."

And then.he deals again, my lords, with the disadvantages of that schemer and the division into ethnic groups, and he says - he refers to the rents and the struggle they had against rents in the previous years, and then he says at page 7495' "In otherwords, Dr. Verwoerd riding up and down South Africa came to the conclusion that the only place where you can find a Judas Iscariot within Sophiatown. Eriends, if you say no then you must mean it, and if you say no then I am inclined to believe you mean it. Then you must agree that the removal of the Western Areas means that it will be decided once and for all whether South Africa

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will remain a white man's country or whether it is going to be a country where everybody can live. Yes, the Government will have lorries on the day of removal, so if the Africans fight they will have to fight Africaa s, their own people. That is what they want to do, the big rascals. You will have to fight the African drivers of the lorries."

How is that going to happen, my lords? How are they going to be involved in a fight with the African drivers of lorries? The lorries they are going to get to remove these people. By staying in their homes, my lords? And he says, my lords, this is the scheme, this is the plot of the Government. He suggests that it is to have African drivers, so that if there is a conflict they have to fight their own people. He says, "Friends, I want you to consider the removal of our people as serious, because it is not going to be a small matter; those Dutchmen whom you see standing there, they are here to work, and they must be paid to come here and write dovra what we say and they must see to it that the Africans are kept in their places for all times. That one who came here to write, he does not do it because he loves writing, but if we are arrested he will be there"apparently to give evidence against them - -

Then he says, my lords: Page 7496, line 7: "I stand here to-day not to ask you to defend me against these small boys, I can do that myself; you know that. I stand here to ask you to defend your homes to the bitterest ends, to the last ditch. Yes, Friends, some of you are asking what is going to happen on that day. The answer is simple: when we had a

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Conference at the Western Native Townships last Monday the police cane with their guns merely to intimidate and frighten us. That shows you what they will do when they cone to force you fron your hones. When will the white nan realise that we are prepared to fight and die for our Motherland. It is on that day that we nust make the white man realise that if he cones to the African he nust think twice. friends, we have no guns; friends, we have nothing with which to attack the white nan, not "because we cannot get then if we want to; the white nan must realise that if we want guns we will get then from them to-day, "because if we decide to do so every Euro-pean who has a gun will have to give it up to us because we cannot take it by force. So it is simple. It is because we have decided not to kill the Europeans; that is why we do not take their guns. It is quite simple. If there is bloodshed on the day of removal it will "be because of the ignorant police boys. We know that Con-gress does not believe in violence, but what are we going to do when we defend our homes and other people shoot at us?"

So, my lords, we submit that when he says they nust be prepared to defend their hones to the bitter end, to the last ditch. And when he asks then what is going to happen on this day he gives the answer himself; he says "We are prepared to fight and die for our mother-land", and he says, my lords, "It will be easy for us to take their guns, the only reason why we haven't done so is because we have decided not to kill them." And then, my lords, he comes to this passage and says "We know that Congress doesn't, believe in violence, but what are

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we going to do when we defend our homes and other people shoot us?" And he goes on: "At this stage I am going to make a declaration which I want the people to write down because it is going to happen. This meeting was called for a special purpose. Today we want many women who will show by their actions that they are not pre-pared to leave Sophiatown. I want to lead to you the leaflet which called you to this meeting" and he reads the leaflet in the Native language. He read some kind of a leaflet in poor Afrikaans. Then he says following upon that, page 7497, line 13: "I want to tell you what you must do as from tomorrow. Every man, woman, every child must be ready to meet the enemy at the gates. When your enemy meets you in your house then you are faced with difficulties, because you don't have faith enough to move about. We are going to meet this Dutchman in the street". Then there are some dots, an uncompleted sen-tence, and he continues, "When every man and every woman goes to work tomorrow morning they must wear a new face; they must wear a face of determination, a face of courage and show that they are prepared to meet the Dutchman everywhere, anytime. As from tomorrow I want you to spread this instruction," He talks about spreading it in churches, in the homes, in the streets, everywhere. Then he calls upon the people not to go to the beerhall and he says at the top of page 7948: line 3° "If they are absent from the beerhall during this period the Government will know that the Africans have decided to fight. We are not going to the Beerhall, we say so openly and fearlessly. I am not a policeman, I'm talking like

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-f 19335. MR. TRENGOVE

)

an ordinary man to you. You know that if you take a decision and you go to "the beerhall you forget about that decision." He wants them to be on the laert, they must know they must be ready for what is going to happen.

Then he says at page 7948, "Now I want to call on the - the soldiers - you are the only people in the country who are capable of building up this country. Eor many years now itr_is a simple thing in Sophiatown to see young men arrested for playing dice", and then he tells the youth to stay away from bioscopes, to stay away from the street corners, and he says he is only ask-ing them for that twelve days.

Then, my lords, at the top of page 7499 he sayss He talks about Grobelaar, the police, and he sayss "It is our duty to show Grobelaar that we believe in our-selves. If you don't do that, my friends, then you must know that you are handing South Africa over to our enemy. Let us prove before we die that South Africa and Sophiatown has given birth to something else than colour", and he calls upon the people to come to a meeting at the corner of Victoria Street on a certain night, and he sayss "If you are soldiers you must be trained. The police will be trained. As they are standing there they are under-going training. They know how to use their weapons. I expect a lot of flying squads tomorrow on this corner, becausd the police would like to see whether you are going to answer the call, whether you will heed the instruction I gave you."

Then, my lords, at the bottom of the page he appeals again to the people and says "There are many

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things which we want to do in order to make sure that Sophiatown will not be removed. We must know that the men and women of Sophiatown will carry out instructions. What is going to take place in Sophiatown? What is going to take place will only be known to the youth of South Africa, the soldiers. The youth will be at the corner at 7 o'clock. We are going to work."

And, my lords, that speech of Resha w® submit is also inconsistent with the explanations they gave of the type of action they were expecting in Sophiatown on the day of removal; the people would merely remain in their houses and not go, Why, my lords, why appeal to the whole of Sophiatown? This is now not the general appeal when they think that 50,000 people are going to be removed. At this date, the 30th January, at this dstfce they know 150 people only are going to be removed, and their appeal is made to the whole of Sophiatown to be on the alert, and they tell the people, "If you're in your house you face difficulties, you don't have space to move about, we are going to meet this Dutchman in the street." Their enemies, my lords - they must face them with determination and courage, because the Government must understand that the people have decided to fight in Sophiatown,

Now, my lords, if my note is correct there was no evidence by Resha on this speech. That speech stands as it is, my lords - if my note is correct - uhexplained by him.

And, my lords, your lordships have only on the evidence of Coetzee two speeches made in January in con-nection with the Western Areas Scheme, immediately prior

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10

to the removal. My lords, they brought a certain woman from Sophiatown to give evidence - to say that during this campaign the people were told not to be violent, and my lords, whatever they might have said on any other occasion we don't concede that they made those non-violent speeches - - whatever they might have said, my lords, they have to explain this type of speeeh and it is not consistent with legitimate pressure and mere unconstitu-

^ tional action in the form of passive resistance to per-suade the voters.

My lords, the next speech reported by Co@tzee is a speech of the 20th March, 1955; Coetzee gave evi-dence in Vol. 38 at page 7504, my lords, and this is on a slightly different theme. Before I deal with this, my lords, may I just in passing make this comment again, how could Luthuli, or the National Executive, expect the Court to find that they couldn't get information of the State of affairs in Sophiatown when, my lords, the very people who were in the middle of that campaign in Sophia-town were members of the National Executive themselves;

f ^ 20 ' Resha, Vundhla - right up to the end, my lords.

My lords , the next speech is on a slightly different theme, that is the speech of a meeting of the 20th March, 1955> a Colonial Youth Day in Sophiatown. Your lordships will remember the evidence from the docu-

25 ments, and also fiesha's evidence that this Colonial Youth Day was organised by a Colonial Youth Day Committee con-sisting of the African National Congress Youth league, the Indian Congress Youth League and the Youth of "the

4 Congressof Democrats. Your lordships will also remember

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19325. MR. TREHGOVE

that it was as a result of their affiliation with the World Federation of Democratic Youth that this committee was formed, and they then used to hold Colonial Youth Days on the 21st February of each year. Now, my lords, we will still be referring your lordships to two other Colonial Youth Days, the 21st February 1953 and the wist February, 1954. The witnesMaselele will testifyss to those. This Youth Day, my lords, was held on the 20th March, and it appears from the speeches that it was held a month later than usual because of the state of emer-gency on the Rand. Your lordships will remember that during the first removal in Sophiatown there was a state of emergency and meetings could not be held.

Now this Colonial Youth Day, my lords, was held on the corner of Morris and Victoria Streets in Sophia-town on the 20th March, 1955. The only cross examina-tion of Coetzee was that he was asked to read in cer-tain parts of speeches by Father Huddlestone, and the Rev. Sidebottom, speeches that the Crown was not rely-ing on, but there was 40 further cross examination of Coetzee.

KENNEDY J: What page? MR. TRENGOVE; My lords, the cross examina-

tion of Coetzee on that aspect is at page 7947. Now, my lords, the Chairman at this meeting was Reshaand he refers to the 21st February as being Colonial Youth Day when he starts his speech at page 7503. He says; "Y/e in South Africa meet on the 20th March, a month after this day has been celebrated in the World. We do this because the youth of South Africa is not anxious

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19315. MR. TRENGOVE

to celebrate - - we do this not because the youth of South Africa is not anxious to celebrate this day, not because we do not recognise the significance of this day, but because of difficulties over which we have no con-trol." Then he refers to the banning of meetings.

Then, my lords, at page 7504 he refers to the removal scheme in Sophiatown - this was now after the first removal - which he says s "The vileness and inhu-manity of the scheme has been exposed", and he says; "Here in Sophiatown the forces of democracy on the one hand and the forces of Fascism meet", and then he deals , my lords, with the disadvantages, as they see it, of the Western Areas Removal Scheme, and, my lords, having made this introductory speech, he calls upon Mr. Issy Hayman as representative of the Peace Council to make a speech, and Resha says, at page 7507, "I call upon him to be the first speaker because we believe in peace, and <ar struggle against oppression is a struggle for peace; we are prepared to give all that is dear to us to main-tain peace; we are prepared to sacrifice our very lives "to maintain peace."

Now, my lords, that is exactly the same theme that your lordships find in African National Congress documents, that peace and freedom go hand in hand, and that one must be prepared to die for the sake of main-taining and achieving peace.

Then having introduced Hayman, he makes a speech . . .

COURT ADJOURNED FOR 15 MINUTES

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19327 MR.TRENGOVE

ON THE COURT RESUMING; MR. TRENGOVE; Mr. Issy Hayman, my lords, is then

called upon to talk at this meeting as the representative of the Peace Council, and this affords an illustration of the co-operation between the various movements and also the knowledge that people in the African National Congress had - people like Resha - - the knowledge they had, my lords, of the Peace Council and its activities.

My lords, at page 7507 Hayman talks at line 15 and his theme one finds repeated in African National Congress documents; also, my lords, in African National Congress literature, such as the three lectures A.84 to A.86. He says; "Oppression and war always result when people take away the lands from people who cannot defend themselves against the mighty Imperialists of Europe"; then he talks about the struggle of the people wanting to become independent, and, my lords, at the top of page 7508 he talks of these people who fight for independ-ence and he says that their liberty was a victory for peace and not for war. Then he refers, my lords, to the American and British who were trying to provoke a war, and about India and the great force it is for peace, and he talks about the Peace Movement congratulating the Colonial countries fighting for peace, and he says in the middle of page 15 - he says; "Wherever the Peace Movement is oppressed, wherever the Liberatory Movement is destroyed, it means a victory for the forces of darkness, but where the people are free there is peace and content, freedom and life. That is the reason why I think it is so appropriate to address this meeting

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19315. MR. TRENGOVE

here, because you are the people fighting for peace, liberation, freedom". Then he talks of the opponents of the Liberatory Movement who ban leaders and how that is a victory for darkness. He talks of the les-sons of the last World V/ar and the sacrifices that were made in Italy and Egypt, and my lords, then he possss the question at the top of page 7509, line 5° "These questions are asked? Will there be war again? When will there be war?." He says, "I say that war is not far off, it is on; people are fighting for libera-tion all over the world and blood is being shed in Kenya. Blood being shed in Malaya; blood is being shed in Asia, and the shedding of this blood is not justified nor is it necessary. Those people are fighting for liberty and for freedom from Colonial oppression. Those people who are shedding the blood of these Colonial peoples want to turn the clock back; they want us to return to the dark ages, they want us to reach a savage civilisation."

Your lordships will see it is exactly the same approach as that adopted by the African National Con-gress in its attitude towards International affairs, that there were wars in these countries, liberatory wars, Freedom forces were defending themselves and the Impe-rialist forces were shedding blood.

Now Resha, my lords, at the conclusion of that speech said he didn't want to comment on it, he Heaves it as food for thought to the audience, and •then he calls upon Dr. Preiss of the Congress of Democrats who has to talk on the significance of Colonial Youth Day.

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J

f j

And in introducing Dr. Press, Resha refers to the Congress of Democrats as being an organisa-tion of people prepared to fight and die 'with us' for democracy, freedom and peace. That is at the top of page 7510. Then Dr. Press starts talking and he refers, my lords, to the theme that in this country they were part of the world s truggle . He says "We of South Africa are part of the Colonial Youth of the world; we, too, are oppressed by Apartheid; we are oppressed by Bantu Education; we are oppressed by those vile practices in Parliament, but we are part of the world struggle. We are not the only youth in the world, there are youths all over the world; •there are youths in South Africa, Kenya, Malaya - there are youths in America, Britain and Prance and China and in the Soviet Union; some of these youths are oppressed like us; some cannot go to school, some of them are also sent to slave labour camps, but some are free." Then he refers, my lords, to the youth that are free, the youth of the Soviet Union are free, they are free to live the best possible life for any human being. The youth of China are marching forward in a great army1' .

My lords, one finds again this adulation for the system of a country which is alleged by them to be in the other camp, "But the youth in America, the youth in Guana and the youth in all these oppressed places, oppressed countries, they are taught to work in mines and are not allowed to go to schools; they are not taught to work like those in the Soviet Union,

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they are not taught - the youth of the world should stand together; they cannot stop the progress of the youth.

And then in 1he middle of the page 7511, my lords, he says "Freedom is indivisible; if one man is a slave his master is also not free, and this Colonial Youth Day is to unite all the youth of the oppressed people; its aim is to bound the youth of the world together in uni-versal freedom. The force of the people who oppress this youth also try to band together, so one has the two camps being forged in the world". He says, "Why does Swart go to the Government of Britain, why does Eisenhower shake hands with Winston Churchill; they want to oppress the world."

And he goes on referring to Chiang ki Chek and Dulles and the division between Imperialist and Capitalists and then at the bottom of page 7511 he sayst"The day will come when the youth of the world - when the youth of th§ Soviet Union and China, when the youth of South Africa - the youth of British Guana, when the youth of all the Colonial countries, when all the oppressed people, all over the world, will rise up in one mighty army, will rise up like a river in flood against the Fascists together. The dam they have built will crack under pressure and will decay and crash. Some of these cracks are already very apparent. The crack between America and Britain is blatant, America ad Japan are driving apart. The whole structure of this mighty dam they want to build will col-lapse under the might of the freedom forces, the freedom loving peoples of the world, because they have built their dam on shaky foundations.

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1

r

r

19331. MR. TEEMtOTE

Then there's an incomplete sentence, my lords. He says; "All the pictures they have taken of us, all these things which they are trying to keep this river back, cannot patch the shaky edifice. Our river will break it down and the shambles will be buried in the stream of water. The world will become fertile, freedom will blos-som. The whole world, Americans, Asians and Africans will live together in peace and harmony."

My lords, it's exactly the picture that we set forth, my lords in our Summary of Pacts, in our Policy Schedule, of the Liberatory struggle all over the world. The struggle is between two camps, the one camp which will collapse under the might of the oppressed people ising all over 'the world.

And Resha, at the conclusion of this speech, comments and says; "Friends, the significance of what Dr. Press has been telling us is that eventually the dam opposing us will burst, it will fall down - that isthe significance. Then the sentence is incomplete, my lords. That was the Congress of Democrats speak-ing, my lords....Dr. Press representing them.

Then Moosa Moola, my lords, is introduced as an official of the Transvaal Indian Congress and a greater fighter for peace - the Transvaal Indian Youth Congress. That is at the bottom of page 7512, my lords. And Moosa Moola, my lords, then continues with this theme. He says at page 7513, line 11; he says they are fighting for a better life, a life in which men will be men and not wild beasts. Thenhe speaks on Colonial Youth Day, and he points out to the audience how people

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have progressed from a lower to a higher stage. In this case where the people of the Soviet Union were not so long ago under Imperialist rule - China, where the women and children were slaves, todpy is a mighty nation, al-though the Imperialists will not allow them their legiti-mate place in the United Nations. And he refers, my lords, to Indo China - the struggle against the French -and at the bottom of page 7513 he refers to the new life in India and Korea, and the slaughter of 3,000,000 people.

And then, my lords, at the top of page 7514 he says - continuing with this theme: "I'm not going to speak to you about the youth all over the world, other speakers have and will do that, but I would like to mention to you the heroic people of Kenyajunder the guise of suppressing the Mau Mau the British Imperialists are slaughtering women and children; they do it to get more profit, but the people of Kenya are not alone -their fight is our fight, their victories are our vic-tories. As the oppression was ended in one part of the world so it is going to be ended in other parts of the world also. Hitler, after slaughtering millions of people, is gone but the working people of the German nation remains and so will the Imperialists go but the people of the world will remain.

Then, my lords, he talks about the struggle in South Africa and the Congress of the People which is going to take place.

My lords, just pausing there for a moment; your lordships will remember, too, that Luthuli in his 1953 report, also in other documents - one had the same theme, of the British Imperialists slaughtering the women

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19333. MR. TRBMjOVE

and c hildren under the pretext of suppressing the Mau Mau, and this association wit n t he people in their struggle in Kenya.

Then, my lords, there is an interruption, there is a reference to spies by Resha, and then at the top of ;pge 7515 Moola continues and says he was speaking on the Freedom Charter to the Congress of the People, and h esays the Freedom Charter will be the future constitu-tion of our people; it will embody all their aims and aspirations. Then he talks, my lords, about collect-

ing demands for the Freedom Charter, and he s ays it is only the Freedom Charter - - Freedom will not be won - page 7516 - after the Freedom Charter has been adopted; it's only then that the struggle will begin; the struggle which still lies ahead. Then he concludes, my lords, his speech by saying: "We might fight for it, we must fight for it with zeal and determination". He refers to Victor Hugo's words 'There is no force as strong as an idea which has come to the people', and he says the idea of freedom has come to our people and it will sweep aside the forces of reaction. It will sweep aside everything bad in this country and build a new life so that the youth of this country can bloom forth in all its splendour. There is no power on earth that can stop them.

Then the chairman thanks Mr. Moola for his brilliant speech and he makes, my lords, some reference to the police, at the bottom of page 7517 - that they are too smart for the security police, that they've got no respect for people whose only duty is to arrest others, and he saye he hopes that if the police come again

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19334. ME. TRENGOVE

they will not run amok, and then he introduces Mr. Maloao who speaks on the role of the youth in the fight for free-dom. My lords, he follows the same theme, that the

is struggle/against Fascist countries he speaks against Bantu education at page 7519 , and 7520 - he speaks of Sophiatown, and my lords, he calls for volunteers and he refers to the students in 1946 - where the students joined the struggle in India - - a reference we have already had - - and then, my lords, Resha calls upon a Mr.Daniels to >eak after Father Huddlestone and Father Sidebottom have spoken. Resha, at page 7524 calls upon Mr. Daniels to speak on behalf of the South African Coloured Peoples Organisation, and he reads a resolution. My lords, that resolution is found at page 7526. I'm not going to read it now, my lords, save to say that after he read the reso-lution Resha, at page 7527, called upon his audience to take this pledge which is contained in the resolution, and he says, "I want you to repeat this after me, this we pledge, this we pledge" - after the resolution is read - page 7527. And then he says, "I must congra-tulate you for coming to this meeting here to-da^r, for standing in the Sun the whole day; it shows your determination. Many of you have had business to perform but you sacrificed that to come and stand in the Sun and to listen to the speakers. Many did not come because they say they do not believe in talking but in action. Them I want to tell, no arny can go into action unless it is properly trained and organised. By coming here, my people, you are showing that the aims and objects of all oppressed peoples throughout the world are indivisible.

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19335. MR. TRENGOVE

By meeting here in Sophiatown you show that as regards the removal of Sophiatown the fight is not over. Government is taking upon itself the arduous task of keeping down 10,000,000 people. This Government has pledged that, but they have taken their pledge not as people who be-lieve that it was right. No, they are hiding behind machine guns, behind police. Friends, lest we forget, I just want to make it clear that long after the police will be finished, Strydom will be finished, the people of Sophiatown will be on this square. Strydom has had to follow those whom he succeeded,- where is Botha, Hertzog, Malan and Smuts? Malan said they must remove the people from Sophiatown but the people of Sophiatown have removed him from his throne." And then he concludes, mylords, after attacking the Government, "Freedom id in your hands, it is your duty to step forward and get your own freedom. No amount of police, armies, machine guns will intimidate us. We are determined to be free in our lifetime."

My lords, we quote that speech to show the co-operation between the various organisations, to show their attitude to the Peace Movement; what they knew, and also to show, as Resha points out, the part - - - those speeches, my lords, are not being made merely as get-togethers, or merely for the sake of talking, those speeches are being used to educate the people politically, and that, my lords, is the type of education that they want their people to accept.

And, my lords, I make the same submissions in that regard as have been made in regard to their atti-tude to the Liberatory struggle in general.

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19336. MR. TRENG-OVE

My lords, the next meeting testified to by Coetzee was the Freedom Charter Committee Meeting, that is the 18th September, 1955. Coetzee's evidence, lords, starts at page 7566. My lords, in this connec-tion may I refer your lordships to Exhibit Af2 which is a pamphlet of the Transvaal Consultative Committee advertising this meeting. Quite a large number of similar exhibits, my lords - different exhibit numbers -of A.2 were handed in. This was a widely advertised mee t ing•

Now, my lords, as far a s this meeting is concerned, there was no real cross examination of Coetzee in the sense that his evidence was being attacked; there were certain portions of the speeches - according to ray notes - that the Defence wanted read into the record. This was the meeting at which Sejake made a speech, and as your lordships remember there was no evidence to refute what Sejake had said; the only Defence witnesses that gave evidence on this issue, who were at the meeting, really tried to avoid SeJake's speech by either saying that they were not present during the whole speech or that they wouldn't understand it in the sense which, on the face of it, the meaning that it really has, my lords. Your lordships will remember the evidence of Resha at page 16798, and Vol.79 - and page 17107 of Vol. 81. Resha gave evidence and he said he was very busy with the Credentials Committee; he didn't hear the speech as a whole, he only heard it some time towards the end -he couldn't really remember it, but it's significant, my lords, that Resha also in his evidence on this, in connection with this meeting, quotes this as an example

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19337. MR. TBEISEOVE

of police interference and he quotes the taking of Sejake's speech by the police as soon as he had finished speaking. He says the police rushed up to the platform and took the speech, and he used that as the type of con-duct to upset the African people - the type of conduct that made them resentful.

My lords, that he says at page 16567, Vol. 78. But your lordships will remember that that is not so, because Coetzee in his evidence at page 7582 has got this note in his shorthand notes, 'The speech of Sejake was taken when the police went up to the platform at the lunch adjournment, after a number of people had spoken - after Sejafe.', And, my lords, that is confirmed by van Pappendorff who actually took possession of the docu-ment — that was at the luncheon adjournment, my lords, and it was not immediately after Sejake had made the speech. It*a Coetze at page 7582 and the evidence of van Pap pen-dorff at 8379. It wasnever put to Coetzee or van Pappendorf that police interference took place at that stage, after Sejake had made his speecho

My lords, this was the meeting at which Lollen was Chairman. Lollen also gave an explanation as to his attitude; he made the statement that Resha made, that the speech was taken immediately after Sejake had stopped speaking that was one of the reasons that upset him, why he didn't ask Sejake - - and he also tried to pass off this speech as a kind of Trade Union speech. My lords, just let's see what the record says. This was a Freedom Charter Committee meeting which dealt, my lords, more specifically with the implementation of the Freedom

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19338. MR. TRENG-OVE

Charter, after it had been adopted at Kliptown on the 25th and 26th June of that year. The popularisation of the Freedom Charter and the first steps towards its implementation, and my lords, that is made quite clear by Lollen in his opening remarks at page 7568, and the first speaker he introduces is Hutchinson who talks about the adoption of the Freedom Charter, and the events at Kliptown on the day of its adoption.

And, my lords, Lollen towards the end of his speech at page 7572 to 7573 points out that the Freedom Charter has to be implemented - - Hutchinson, I'm sorry, my lords - and at page 7573 he says, line 10 to 15? "The people have spoken, another milestone has been reached, the path is short for the Racialists - the people must brush them aside on the road to freedom." That is applauded by the audience, my lords. "The people must crush them, because the people have spoken. The people have sealed their covenant and there is no going back." My lords, that in itself is not, we submit, indicative of pressure and negotiation. It's entirely one sided action, brushing aside and crushing everybody who is not prepared to accept the Freedom Charter.

Then, my lords, the Chairman introduces Sejake as the speaker on a section of the Freedom Charter, "The people shall share in the country's wealth", and he greets .. ..

BEKKER J; What was Sejake at the time? MR. TRENGOVB My lords, I'll give that

to your lordship now. He was sufficiently important, my lord, to have been elected by the Committee

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19315. MR. TRENGOVE

organising this meeting to speak on the Congress of the People - the section. My lords, I only have the evi-dence of Resha at the moment, that he was always an active worker in the African National Congress and in the South African Congress of Trade Unions. Resha at page 17160.

Now, my lords, he speaks on this section of the Freedom Charter, "The people shall share in the country's wealth, the land to be shared amongst those that work it" - at page 7574. .Ahd having referred to that paragraph, a portion is omitted from his speech and then at page 7574 he is alleged to have said: "The State, which is the instrument of oppression, that is the Government which is the instrument of oppres-sion and which is financed by money, is set into opera-tion" , and then he talks, my lords, of thr weapons used by the State.

My lords, may I just pau.se there for a moment. Your lordships will remember that A.N.C. le cture ,N,R.M. 25, "How South Africa is Governed" - one gets there the same theme - the State being the instrument of oppres-sion - the same theme that one gets in A.84 and A.86. My lords, as Mandela said - it may only be a coincidence, but the same theme that one gets in Lennin's State in revolution.

Then he refers, my lords, to the weapon, the Pass laws, used by the Government and he refers in 7575 line 5> to the conditions in this country. He says -"That is the law of Capitalism in South Africa as in other countries", and he refers to the destruction of

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19340* MR. TRE1JG0VE

food and malnutrition. Then, although people suffer from malnutrition food is destroyed, and then he says in that connection "The ownership of land becomes meaning-less under the present system in South Africa, and you and I must corredt it. If you don't God will not, for he has nothing to do with your conditions and omissions „ He is not responsible for you. You must sit dovai and form the machinery for freedom. That is the burning need for change, a definite change. There is a burning need for a change, a definite change a progressive step is necessary to bring the shape of things to come."

What one has on this topic, my lords - this land which is going to be divided among the people - they must create the machinery in order to enable them to achieve that position. "

And then he says, my lords, "Merely to get 1,000,000 signatures - that is not sufficient", and he makes the statement at line 15? "Action is the correct .. V and in this record the word was left out - "the proletariat must shout, not only from the political platform, because this merely explains the situation - but they must also create a theatre, and they must ight Capitalism in actual manoeuvres, and employ a definite amount of energy for the freedom to come. This will give us some guarantee that the road to the re-division of land amongst those who work it has been found."

So that, my lords, talking, signing pe itions, signatures, is no good. A theatre must be created in which they must fight Capitalism in actual manoeuvre.

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Collection: 1956 Treason Trial Collection number: AD1812 PUBLISHER: Publisher:- Historical Papers, The Library, University of the Witwatersrand Location:- Johannesburg ©2011

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