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r It . •
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62 •
YlITHESS: (Thrcugh tht intcrpret_r) Yes .
MILNE, J . P. : Is it your intention ten to give your evidenc ,
regarding what nay be r ... lc;vant in t ia case , notWithstanding
that your evidence nny incrininnte ~ ursclf?
7fITNESS: (Thre,ugh the interpreter)
MILNE, J . P. : Lot him b" sworn.
Yes .
SOLOMO - T!llI:BINKOSI MBANJfIA: (sNorn, state8)
E lINED BY MR. REES :
(5
, do Y u kn ~nything ~bout an organis- (10 •
etien known 99 "MKONTO;ilESIZWE"?----Yt.s .
lhat is i t? ---- (Mr . Wi180n i"ttrvenes)
MI: . ;71LSON: M'Lcrd, this witness' eviilence i8 being
interprGt~d into English. He is ~n6wering in a very low
veico to the interproter. l'n quito sure the accu8ed (1
8ittinp: over there c'!n't h03r wh~t ha is telling the
interpreter .
MILI'E, J . P.: Ye", will yeu plertBC r i8e your vuice . Vie
w3nt t{ h~nr 11 that you say, so th'lt eVE:ryonc in the
Court co.n henr what yc·u ~re Boying . Wh:l.t 1s the
:mswer? ----It ie nn org:misation that is fighting against
the governr:::l.Cnt .
~rn . REES : By whnt neens i8 it fighting ~gainst the
govcrnMont? ----B:c:'P.Y of bloodshed .
(2
INTLRPRETEn: M' Lord, the ~ccused have just indic~ted (2~
to hiM th~t they c~nnot tar .
:nLNE, J . P . : Yes, I've tcld hin , ~nc1 I tdl hi'" /lgr.in t o
roi8e his vc,icc . ----I will try .
MR. REES: Do ycu knew what the structure of this organis-
ation is in llobl? - - --Hcr. in Natel there is "
Regional COnMllnd ThEre Ore platocn leaners ; there are
s~ction lcod~rs ~nd th~n thore are Me~b~rs .
\lh'1t/ •••••
(30
r •
, 63 . S . T. Mbanjwa:
Vlhat arc tho functions of the Region~l COl'lll1and? ----
To nake arrang~ments Qnd issue iostructicns .
And the platoons ~nd/or sec t ions? ----The plat oons
- tho platoon leader is in charge of 8 pl atoon , qnd a
section l eader is in charge of a section .
Whst do the sections do?--- - They will carry out
certain duties which arc issued by the section leader.
What do these 1uties nornally consist of?---
Their duty is to lock for cer tain tar gets which have to
be destr oyed. (10
MI LNE , J . P.: Will you give ue sone ex3!!!ples? ----Like
power pylons , for instance .
MR . REES: About when did you join this organisation?
~IL~~, J.P. : He hasn ' t snid that he had joined , ~~s,he?
MR . nEES: With respect, M' Lord , I woul] "ccept it (15
that it was i~plicit in the f~ct th~t he was reg~rded 36
~n ccco~plice, but Ish; 11 rcphr~se the question .
Did you uvor b0comc n mE:mbc:r , 01' WErl;: you mc.r ely
on outside.L·'? - --- I was e member .
l~bout whl:;n did you become a m~mber?---During
the second h~lf of last year . -
INTERPRETER: M' Lord, the witness has again dropped his
voice .
(20
I
mILNE , J . P.: You must rLmember to keep your voice raised~
Repea·ti it in Zulu , Mr . Interpreter , thnt the witness(25
soys he bec3mc a member of this organisation dur i ng the
second half of last year .
MR . REES: What positions did you hold in this or ganis -
ation? ----At the start I was a platoon leader .
yes?----lctcr on at tho end I was a recrui ting (30
officer for military training.
Did you have nny direct dealings with the Regional
Commend/ .. •.•
..
,
•
•
64 . S . T.Mbanjwa:
Comm~nd , or were your dealings with them only indir ect?
----At first I h~d a contact . Contact ~t the Region~l
Com.nnd , until hter on, when I was also in the Regionsl
Comm::md .
Who was tho cont~ct? ----Bruno Mtol0 , at the (5
beginning , ~nd Ronnie Knsrils later on .
This Ronnie Kasrile WqS he n Bantu , an Indian ,
or a White m3n?----Europe~n •
Would you be obI. to identify any members of this
association if you were to see thcm? ----Only those thnt (10
were known to mc , yes .
Would you h~vc a look about the Court and see
whether th~re ~r~ here pres~nt nny of those known to you ,
~nd , if so , indicate hirr. ~nd n~m~ th~ per son .----The first
onc is Ebro!lim Ism'il .
MILNE, J.P . : Th~t is No . 1 nccusod? ----No . l accused .
y~s, No . 1 accus~d . This m~n standing up? -----
Yes .
( 15
Yes? ----Billy Hair , No . 4 accused . The accused st,and-
ing up . Kist.n , No . 5 accused . Tho ,",ccused standing (20
up _ Goorge N~1cker, No . 6 accus~d . The ~ccuscd that is
st~n:ling up . Curnick Ndhlovu , No . 8 accused . The accused
that is stnnding up . 'Then in the beck row one Mrlhlalose:
I do not know his numb~r_
Is thnt the men st3nding up? ----yce .
Who is th'1 t?
UITERPRETER: No . 14 M' Lord.
(25
MIlliE , J . P . : No . 14 .-----And Bernsrd Nkoe1. The accus~d
that is st3noing up . ThAt is No . 13 . One , Zulu . I do not
know his christian name. Tho accused - standing up , No . (30
16 . One r~h:yiw'1 f nGxt to him, or close to him .
110 •. .• ?----No . 15 .
Yes?/ .....
t
•
•
65 .
yes? ----Th3t is ~ll .
MR . REES : M' Lord, m3Y I put a photogrnph to this witness?
MILord , thnt is one th'1t is not in thl: volume . It will be
EXHIBIT ' A. P. l .' I show you a photogrnph of a head of
'1 Bnntu m~l • . person . Do you recognise that photograph? (5
--- - yes . I know him.
Who is that? ----Bruno Mtolo .
MILNE , J . P. : Is he the ~n you've 3lready m~ntioned? ---
Yes .
MR . REES : You told the Court th~t ~t one stage you
Vlcri:: a plntoon lender? ----y£..s.
Did you have nny section lLuders? ----yes .
(10
Who w(:r(; your section leaders?----Ebrnhim Ismail , ,
Kis-tLn, I do not know hie;; s(;cond name .
Which person is thnt? ----No . 5 . ( 15
Accused No . 5? - - --KistL.n , No . 5 accused , the '1ccused
t~~t was st~ndine up .
MII.NE , J . P. : And who is thE Ebr~him Ism8il? --- - No . 1
accused .
MIl . REES: yea? ----And J~rry Khum~lo .
Is he here? ----Ho is not her~ .
(20
yes? ----I VI'1S in charge of tho one scction thl!t was
under me .
Who did they consist of? - --- MdhlalosB . I MILNE, J . P.: 10 th~t the m!ln r.ldhhlos( you have
~lre~dy mentioncd? ----y€s .
No . 14? ----ycs .
MR. IlliES: y.s?----B"rn~rd Nkosi. I
(25
ihcre is he? - ---N.xt to Mdhl~lost . No . 13 accused .
Zulu • (30
MILNE , J.P . : That's +ho m.n you have :llready identified?
----yl;S . No . 16 .
:M:R ./ ••.•
•
•
•
• ,,, .~~ ., ., - .. -'-66 . S , T.Mbanjwa :
MR. HEES: Yes? ----MEyiwo , the one I have mentioned , No .)
15 . The other one was J~fta Luthuli . He is not he r e .
DEaling first with this section which you said
you established, where did you establish this section?
----At Hnmma rsdale ~r€e .
Did they know what was required of them , or did
they have to be given trnining or Vlere they given training?
----They were t~ught .
Now would you just sttlrt "t the beginning and
say how they were taught, who taught them, what happened?(lO
----Ronnie Kasril informed me that the Region31 Command
had apPOinted ... (Court intervenes)
MILNE , J . P . : No , no . We e3n ' t ho~r what he informed you:
but in conscqu~nce of nhat he informed you what did you do?
---- I spok~ to B~rnnrd r~osi , tho one l i ve mentioned , (15
No . 13, th' t he should become a rr.ember of this org:misation ;
that he should fight "g"inst the government by menns of
violcnc~ . I then s~id th~t W~ should look for member s in
our area to form ~ Section .
To whom did you say th"t?----To Bernard Nkos i. (20
YEs? ----After thet I went to A. C. Shangase , who is
not here . I asked him to get me some good persons in that
ar e:::., two or throe . B\...rnard Nkosi informed me that he had
got Mdhl,lose . A few days later I met Shang~se . He said
that he had met people ,nd told them to report t o my (25
home on the Sunday .
MR . THIRION: My Lord , I must objec t to any hearsay
evidence that is being given .
MILNE , J . P.: He told you something nbout people coming to
your homo on n Sund~y? ----Yes .
What happened then? ---- Zulu and Meyiwa a rrived .
When? ---It was on a Sunday morning . They told
mel . ..••
•
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•
•
67 . S . T. Mbanjwa:
IDE. they w,""r,~ sl;nt "by Shnneo.sc . I thE.n told them that I
\irJ.utUJ thl:m to become.: members of this organisation . I
told them ·~hat this 'no.s a secret organisation and every-
th~ng wns s('cr'et They ~greed to become members of this
o,.-ganis:n;ioCl. Wh.n thoy Jlgreed I then had four members (5
to form a section . I then mode a report to Ronnie K~srils. ~
,h~t I had/completed section . I also spoke to Bruno Mtolo ,
~nn ",sb.:-d h:.m tv mn.kl:.: e.vnil'J.ble - to mnke nrrangernents for
dernons"';r'1t::"uns for so.bot2.ge purposes . I weB requested to
buy a plnst;c cont'liner "nd petrol. I s",id that I wanted (10
to hove this d",mons"Gr:'.tion on ':!. SUnd!1Y becauae Meyiwa and
Zu,lu w.:.:rc "'larking in Pietermaritzburg . I told Bruno A1tolo
thTU" I w!lntcrl these .rticlGs on the Saturday because I
w:r:1tcd to "\i'1lce th ... m ..-lith Me . That wss 'J.greed on . I
cont .ctad Nkusi .
.\nJJ~E. J . P Do you mi;;"'n Bernard Nkosi'? ----Yes, No . 13
~.nfl l.nl'orm(.d him th.,t WC: would h~VE; [l section meeting at
( 15
my home on the Sund~y. HE; w?s to inform Mdhl~loset No . 14
acCl. ... s..:d . I wrote '1 letter to M""yiwo:, No . 15 accused . He w~s
to ;nform Zulu No . 16 nccused . On thqt Sunday evening ~11(20
four of thorn arrived . On the Saturday before this Sunday
hruno ~e';vlo handed me .s. p[-'I.rccl . This pnrccl contained
three differ..:nt kinds of powders . He also hElnded mC 0.
smell two- cell torch , '1 smilll knife with sam£: sh~rp
instrumont on it, sharp instrument or object on this (25
knife.
How do you mGf'n nn instrument on it? Was it part
of th~ ~l.f~?-----~t is part of this knife . He handed me
0. l.::ngtL of .:llJout" four inches of bicycle tubing . He
h'lnd .. d :n~ ·;;.arcu or four pl3stic cnpsull.;'s , f'l small
bott~e 9in~lnr to LJttlcs thnt contain eye drops . I took
ell th~t with m~ to my home .
MILNE , J . P . : / .. .. .
(30
•
•
•
•
68 . S.T.~e.njwa .
MILNE , J . P . ' This all" 11 bottle , did it ho.ve anything in
i t?---- Th:-,r(; W'\S nn ';.oi 1 in the bottle .
MR. R£ES: And hew ,ves the ~cid to be {<at out of the
bcttle?- - --M' Lord, triis bottle has n drippe r, .vi th a
rubber top . You s'lu ,_ze the rubber 'nd it sucks up some ( 5
of thib ::!cid intc 2. tub~ .
tfauld you h:"!vc '"!. look 9.t ..I.;his txhibit I show you .
EXHIEIT ' 21 . G. ' - ---Similnr to these bottles .
IULlF; , J . P . : How l'l~ny bottles havE you in Exhibit ' 21. G. ' ?
MR. REES: 'i'v,'Q • (10
MILNE . J . P . : And this bottle is simil_r to one of those
t'NO? - ---ycS.
MR. 'leES: ':U5t p"iVG it he:re , let !!I'" h'1v~ f1 look . Mr:.y
-this €xhitit bo..'! nUr'bcrE:d EXRIBIT r 31.G . I
MILNE, J . F . : I thoueht you cilid ' 21 . G. '? ( 15
r.rr: . REES: Yc;;, but it 'ould bE.: mar, conVenient if it were
C'-:l.lh.:r'l I 31 . G. T It would "lvoid confusion l.:ltcr .
"II"E II J~ , J . P . : Exhibit ' 31.G . ' .
1m . REES: Ju.,t c"rry on .----On th'1t ~"turd"v I bought some
petrol at a ear~c~ .
Just b..::f'o r e you ~o on . You spoke l.bout cc.psules .
TJ:J.y the wi tncss be shown a box contllining . . . (Mr . Hees
do~s not complutc thL s~nt~nc2 . )
;ULNE , J . P . : Eoth these bottles, or I should S3Y each
(20
of th .... s~ bottll..s cont'J.in . orne fluid , c l ear flUid, about (25
" qUQrtcr .. . (in'.unibli. . )
UTI . REES. 1,1 ' r.ord , rn:oy thqt - may it be understood that
th:J.t Exhibit ' }l . G.' is part of what will be h.: .... nded in as
Exhibit ' 3l . G. r .
MILNE , J . P . ~ ~!o, no . Tt rnuDt be.; giv~n soml; other name . (30
I c-'n ' t hwi. that . It c '" be h-ndcd in ~s Exhibit ' 31. G(i) ,
MR. R~EJ: Y"s , I!lay it be called then EXHIBIT ' 31.G. (i) '
MILlU: , J . P . : / ...
•
•
•
•
6c .
" S . T. Mbanj wa:
r.:ILl.:;; , J . P . : No , not in l1omt''m num(;ralu , just 3n or dinary
' onl.. !-' 31G(1) t .. . (insu'iblo.) ordinary numerals .
Mrlo REES' Tl':> n I ~"'how you a. box cont3ining some artiGl.;;:s,
the bn i" labelled E):lIIJ<IT I 3lA( 1 ) I .---- (Mr . Roes adds)
'Yhf't in the stuff ins i' e th:ct box?----Those are pl ast ic (5
CJP::lulc~ .
~iILNE , J . P . • Art. th(;:t;. plastic c:lpsulc-s the s~rne kind you
hc.v.;.; '.11r·.;;}.jy rl:-f;;:;rrec1 to? ----Similnr.
How ':.any ':"!!'G th ..... rc in th~t box? ---- I cannot say ;
thur,. '1r( many in tIn: bOX 4 (10
Trl.:sc ~ll .. P!?u:.r to bG n~w '-1nd empt:v? - ---Yes , that
is ~O .
r.w . n'"'-:s: You w, r\;. 'hl:;V tl:.'lling the Court 'J.bout th8
king to t~,ch or to tr,in this
Hr,!,:!,,: Tr ,'-:1, .H,;0tion .•• (Court interv(;ncs)
("1., q from t!'!.L: MicrophonL - in~mdiblc:)
Mr. . [;_'73: Y ,~s? - - - I tnok .1 :If a ("''111on of IJ":' trol in this
pI .stic cont .in\;;r \'Ii th m-.; hom(; .
·UE;J~ I J . P.:..!. rIhich rlastic cont~int;:r?----One thnt I
h lJ.l bought from the tea room .
MR. REK"i: Did it resembl this one , or w'!s it :1 iffl.r(.nt
from thic onc'? ----It VI'1S .'lnothc:r kind - fl round one .
r~ILrr;, J . P. An. ~!ou putting th2.t onc in?
;U~ . R"CES: iiot '1t thiJ st3ge , it mi~ht just c~us(.:
1,IIL~:':, J. P . : ·;:(.11 whc.r: you s"'tY " this one il for r(:cord
purpos ,I ",uu1d .... fly •• . (j;If udi blc) • . . what c.ppe3!'s to yale
hI,.; r, Ol;"C - ,~".llon 1)1 ~3+'ic contuinl.;r , colour/blue , Hith
a (in n'lihJ ) ',1, ok ;:;c.rc.w top.
r.nL }"l.'~ES: I ' TTl ind. btcd to your Lordship . rq Lord pc..rhaps
it could r:o in - "'0y it 1;0 in as EXHIBIT I 3lA( 3) I •
YES , / •••••
( 15
(20
(25
(30
•
•
•
•
70 . S .T. Mban jwa:
Yes , carrv on? ----Tha t was on u Saturday . On Sun-
d3y evening thu follo' 'ing a rrived , Nkosi , No . 13: Zu lu, No .
16: Meyiwa, No . 15: r,idh1~lose , No . 14. They arrived at
my hom~ . I asked th~m to be seatGd in the sitting room.
I th n produccd all the articles ,thnt I have mentioned , (5
in the sitting room. I closed the door so that no othe r
perc en could enter . I then said that I will show them by
d~monstrntion how a petrol bomb is made . Also a bottl e
bomb . I took an empty bottle f r om a cupboard . I put that
down as well . I took this parcel containing the powde r s , (10
opened the parcel ~·.nd showt:.d them how these powde r s ar e
mixed .
Let us pause n monent . Vfuat we r e these powders ,
if you know? ---- I do not know tho n~me in English of two
of the poweders: I remember the onc . The one wee ( 15
It Potassium Chlor~de . 1I The on"" in Zulu we call I1 Sibabuli l1•
MILNE , J . P. : II Sibabuli ", what is it used for? ----I don 't
kner/ . I hc.d never used it before . The other p'1rccl con
t~inE:d I1Sibiba ll •
Whnt ' s that? A powder?----Yes . (20
MR. RJ.;ES Carry on . ----Aft(~r I had shown thl..:m how to mix
thc:sc powders , I took this plastic container with the
petrol . I then punctured tho lid of this containe r with
a knife . I th&n fastened the tube , the piec e of tubing
just be-low thn.t , onto this plastic container . (25
IHTEP.PR ~~R: M' Lor:1, 1 1m sorry , I can ' t quite catch what
the witness is snying hON he tied the tube onto somGthing .
MIlliE , J . P. : Did I un' crsbnd you to say that you
fastened .-, pit.:cc. of tub.,;; below the opening thqt you made
\':ith thE: knifl;? ----No . I th,~n put the plastic container (30
'.lown . I took n pi .... ce of tubing and I f~lstr:ned the one
end ,by closing it up, of the tubing . I made a hole into
the/ •...•
,
•
•
•
•
71. S . T. Mbcnjwa:
the tubing towards tho open end . I then took a piece of
"tring and I put it into this hole that I made into the
tube . I then took ~ portion of this mixed powder and
put it into the tube . I then took this tube containing
th8 powder and inserted it into this hole in the
plastic container; the open end of the tube was to be level
with the opening of this plastic containe r. With the
pieco of string th3.t was inserted in the hole of thE: tube
I fastened round the neck of the plastic container , to hold
the tube so that it waul'] hong into the bottle . I then
took the empty bottle, then demonstrated how I put powder
into this bottle . I then said , after the powder was put
(10
into the bottle you put acid into the capsule , the capsule
is dropped into the bottl,' , and the bottle is se ured
tiFhtly . And to m' ke ~ petrol bomb a capsule with acid (15
is dro'pped into this tube with powder Rnd it is closed up
tightly . The plnstic contGincr is then Closed .
That is the one cont~ining pctrol? ----yes .
'7hat h~ppenc'. "bout the bottle? ----Only powde r
in the bottle . At that stage I had not inserted the
plastiC capsules with the acid into the bottle or the
plastiC container . Vie thon left and wont into a
plantation , into a plant,l3,tion between Hammarsdale and
G€orgcdale . IJhen we were walking along then I had a
(20
tor ch bcc~use it was then dark . When we arrived at this (25
spot we put both these articles down , the plastiC container
and the bottle .
MR. REE3: Did you cnrry nll the things , or did anybody
assist you? ----Wc W(;rt; hulping one ~nother in carrying these
articles .
Carry on?---- I then produced these bottles contain
ing the aCid , the plastic c~psules, und I put somE acid
i n/ . . ...
•
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72. S . ~.Mbanjwa:
in tho pl~stic capsules . I closed thc capsules, I dropped
the one into the bot tle ,nd closed the bottle tightly .
I put the other one in~o the petrol bomb and closed i t
tightly . Thflt nifrht I ','hS using the torch to see
wh(:ther I wns getting '~b<:! acid into these capsules . (5
'Ihen I lnd finished th"t VlO put the pet r ol bomb in the
one place, 3nd the other bottle r:o. little distanc e away
f r om thE: pIece ,';here the petrol bomb was , Bnd then we
g3ve way ~nd stood 30m~ jistunce away from them .
MILlIE , J . P.: Where '10 you put tho petrol bomb?
----I put these two apart so that wc could sec clear ly
when they exploCed.
(10
Where did you ~ut the petrol bemb itself? ---- Just
down on tht: ground . ThE: r e VIQ.S some br nnches Gnd grass.
And p13c"d tho bottle bomb a little distance away?(15
----yes .
yt::o? - - -- I s.:lij to them th."'.t the petrol bomb was
for burning purpo~~G, anj the bottle containing the
powder was to frighten peoplE: , but thesE: bottles could
injuri.: people when th\,;y "Nere close up to th£m . Afte r (20
t"cnty minutes they explocled . The petrol bomb spr ead
patrol round it with fire , and it set alight . The bot tle
only exploded "nd it seattered . IV" picked up t he pieces
of the plastic container; I handed t hem to Mdhla l ose
~nd Nkosi , and asked thorn to throw it ~way along the ( 25
rO!:ld . Vie then pnrte:c1 . I wont home; and they went home .
MR . REES: How did you learn about these bombs that you
domonstrqted to th~ accuned you 1ve just mentioned? ----
I was taught by Bruno Mtolo .
For what pur pose did he teach you? ----Hc taught Do
me so that I would be ~ble to teach othe r s .
IJhich others were you supposed to teach? ----So
t hat / ••••.
•
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•
•
that I ·:'Qulu. have knowledge of sabotage .
1ULl1E , J . P. : In or der to teach which othe r s? ----Those tho.t
I was instructed to t88Ch , like my own section , fo r i n-
stance.
IIll . RBES: Did you give this Hammar sdale Section only (5
- or did you - or did they attend only one t r aining
9£8910n , or one instructing session , or mor e than one?
----I did instruct them egain on another occasion . I
And besides instruction dld they do anything
th.:1t you ~re aware of , or 'lid you do anything in the i r (10
presence? - - -- (rJIr . Rees :ldds) When you had instructed this
Hammarsdale section , did you have any obligation to
inform ~nybody else, or WRS it a matter of your own
concern?----I was supposed to make a report .
To 'Nhom?----To .Ronnie: Kasrils . (15
Did you ma}~G 5llen a report? --- I did .
!ULllE , J . P . : Did you sav !' did " or l'didn ' t "? _____ I I' did "
M' Larl .
rim. REES: Do you knoV! what position Ronnie Kasrils
held? ----At that time I c1id not knew what position be (20
held . Only later on I became - I came to know what
positlon. he held .
Did you ever give instructions to him , or di d be
give instructions to you? ----He always told me what I had
to do .
And these instructions , did they come from him,
or from whom di1 it purport to come? ---- (Mr . Thirion
inte:r'rencs)
~m. THIRIl'N : Nil Lor '-} , surely this must be inadmissible
(25
unless he was present when he heard that the instructions (30
were giv~n earlier on by someone else?
:~IIJf.E. J . P. : I take it Mr . Rees what you want from the
wi tness/ •... .
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74 . S . T. Mban jwa:
witn;;:sa is what Kasri l s to l d bi m, whom Kasrila told him
.. (inaudi blc . )
MR . nEES' Yes , l''':i ' Lord, '"!nd I would like to add r ess
argument to your Lordship on the matter . MILord , the
badis of 'tho npplication will bc that everything that (5
is said by conspirators to one anothe r in f urt her anc e
of the common pur pose is admissible for var i ous r easons ,
and I shjll rely inter alia . . • (Court interven es)
MIIT'E, J . :2. : That is to say conspirators • . . (away f r om
thE:! microphone - in:mr:'!ible . )
l'I'lR . REES : &1 1 Lord I I don ! t propose to put it as widely
as th~t, but I shell rely on Rex v . Miller ,
1939 A. D., 3t pages 114 to ~1 5 . I shall alBo r efer t o
(10
Rex v . Cillier, 1937 A. D. , page 278: and Rex v . Levy &
Others , 1929, A.D., p,c[,e 312: as well as TIex v . Mayet , (15
1957 (1), page 492, TInt was also on Appellate Division
Dcci.31an . :1 L01~c1 , in th.'1t all the stntcmcnts made by
co- conGpirators in fur"'[:her1nce of the conspir 'J.cy a r e
admissible to confirm the scope of the conspi r acy a nd the
nature of thG steps tnl,:.:n to carr y it out . MILor d , thot(20
is thE. grilVamGn of' wh:l.t my submission will be .
MILllZ , J . P.: (Away from the microphone ~nd inaudible . )
MR . R2ECJ: Yes , M' Lord, tlmt will be my submission . My
Lerc, 1 1m IlW3.re: of certain limit1.tions which I haven ' t
precisely dct'ined at the momt;;nt , but I ' vG stat ed my (25
eener~l proposition ~nd •.. (Cour t int e rvenes)
HlL],,:] . J . P. ' Well perh.'tps you could put it in the
fern in which you woul,l like to pr esen t it bEfore the
::lojC'lur!l!!'! •. nt . (Further ~iscussion ::::rwnv f r om the t:1ic r ophonc . )
M" . R?ES: "T ' Lord , I shoIl bo ready ~t qu<,rter past two . ( 30
E l Lard , T!1ay I ask thC'.t the witness be left outSide
whilr.;. r proceed \rvith argument , so tba. t he does n ' t c ome
i nfo .•. •
•
•
•
•
75 .
in again at 2:25 , until the argument has been completed .
!lHLNE, J . P . : Yes . fie e.rE going to adjourn now until
twentyfive past tViO . f;ounsel for the State is going to
make som~ legal submissions to mc ; when those have been
dealt '!lith thEn you will be callod back into the witness (5
box .
THE -nTllESS STAlIDS D091.
THE GOURT TAKES THE LO)!G ADJOURNlJIENT.
ON Rl:SUMPTION AT 2.25 1'.11 • •
!IlILNE, J . P .: Mr . Hees, I have; , &6 you see , come into (10
Court ';lithout the assessors . It occurred to me that it
~ight bt n~9irablc that I should henr the nature of the
evidence you intend to lead . (AW8.Y from the microphon€: -
in,~ujible) . ... "":i'lC. dam:: :--:,;;! \vill have been done . So would
you intlic: tc to me the nature: of the ansW€'r which you (15
expect from this witnE;.js . What W39 your question?
MR . REEL): So far 'lS I c~n recollect it the question was :
Wbat instructicns if nny r1id ?OU receive from Kasrils?
Th3t mif:ht, pc.:rhaps, be putting it norc directly than I
put it to the witness . (20
r.ULiiE, J . P. : I think y;;ur question was som.;:thing like
this - I haVen't got it written down: Whom did you
und-:rst.:!nd your instructions to be from? Was he
acting for hims£lf or for somGone el~e .. Something like
tilOt . 'iii th rrfcrc"!TIcc to who was it?
MR . REES: It w~s in reference to Kasrils .
AnCi thc~ gc.nernl effect of the answer would be that
Kasrils in his CRpo.city as li8.ieop officer had conveyed
to the wi.tness instructions from th(;; Regional Command
(25
that he was to carry out, or look for certain specified (30
.. (in~uniblc ~ ) In this po.rti~ular in3t~nce - they will
bo more of this type of •.• (in.~udible) •. • but in this
particula r / • . •.•
•
•
•
•
76 . S . T . Mbanjwa:
particular inst~ncc I ~ave in mind to l ook for wires or
patrol wir'~s in the r ilvJnvs to be cut .
MILNE , ~T . P . : Yes , but new what I ' ve got noted down is
this : II I we.s sUPPosld to noke a repClrt to Renrie Kasrils .
I did so . At th~t time I di" not knew his position . (5
Only lnter I C3.me to 1{no~"' , HI;- always told mc:: \"Mt I had
to do . " Hem wh:1t is the question?
'ffi . REES: " ' Lord it .1ill be shown .... (Court intervenes)
MIL1~~, J . P . : '¥!':!.t wns 'lour qu(;stion? !-low would you like to
put it now?
MR . RiES' I wcuB put it this w~y: After this dcmon-
..., r.tion, ...1nd aftEr :'tOU l"l:ld r .. porte:d to Kasrils , riid you
r, cLive any instructions fror.! him?
(, . . in l,lt.ible) "Did you flv/} instructions
( 10
"tl~ r"'''''sr:..13, 'r d:;'d h -iv~ instructions to you? " Then (15
his 'lnS'N(:r W'lS: II ],;:; .hnv5 told T!'lu wh'lt I muot do . 1I
Then c"m..; your n\..xt 1u\".stion . ~low Nhnt is th. question
','ou propl ~L: to qrguc?
?!R . nEE;.,: The di r ect qu(:stion wou1~ bt - I do not know if
you Lordship will allow mo to put it into thot fo rm
to thl.; witnLs~ ... (Court intervenes)
IHLN3 , J . P . : The forI'! in which you intEnd putting it
to the wi tn...:ss .
(20
r,:R . R~ES: "Did you ree ivc fmy instructions? !! Then ,
It Y/hnt ".oIer,"' th.: instructions? n ~nd lI Wbnt were the terns (25
of the instructions given to you? "
IlILl7E , J.P . : lI He .1,lV/' y8 ~"Vc. you instructions, what
instructi 'nf:> did hL giva you? It
MR . R~E3 " On this OCCEl.~ ion . "
iiILNE , J.P . : Or.. which If:c'lsion? lIh~t io the occasion? (30
(InauJible) .... madc" -.'port .
V,R . R1~S: Yes . MIW;;, J . P . : / •••..
•
•
•
•
77 . S .T.Mbanjwa :
Nell nov you wonted to find out from him
\fhcther Kc.srilo g1VG hiM ins tructions after m~king the
report"
MR. REE~: Ye ... , "Eitbt.r after, or before you recf;ived this
report - you ~ade this r~pcrt did you r~ceive instructions ( 5
from Kni-rils ."
MIlliE , J.P.: But he acid he ~lw"ys r eceived instructions
frOM K""'srjls .
!cR. REES' Then I w~nt to know the nature of the
'lllstructions - "What (lid K:lsrils say to you?" "v/hnt (10
instructlcn3 id hE give you? "
MnJ:r~, J . P . : "What instr uctions 'Jid Kas r ils givo y ou? "
~m . REES: Yo,.
jII1iE_, _J. ::':.: y("'t~ .ny ob-lc.cticn to th'1t Mr . Thirion?
i'1. TJHI"U' r .• ' LC'rd tL:;.t is not the question, os I under- (15
n 1t ~~ originnlly put . But DS it is put now
T h'1.v.:: Got 1:0 objection to it.
... ~. REF~: ··,T r~, rrJ,y quostion will go furthc..r, th'lt
:UC:st .... 01 .... nn it will lc~c1 to me: Qsking him . .. (Court
(20
II'TL'·E .~ , : :.,,:.---..!:.-'---- I1Did he sny th'1t those instructions were
his m'/r, 01" :lo1!lc:body else l s? "
JR. REEv' Th-t is corr~ct .
'tIaU:E , J . P. : tlDi'l he s 'y frol!l whom the;;:;!: instructions
C~r..E?" (25
-I"'" J P il_ J.JJlb. • • :~ Well noVl vau 1 ve got nn .8.ns',ve r from him :
I' At th'. t t_l!1t. I 1 it n0t know . I only 10. ter C'lma to know . II
J3n 1 t you f' :1.-1 out ::'ror: hi;:! how much l~t(:r? It might have
been :J. we k L.l.tf;r , or <:t d~.., later? (30
~lR . REES: I a.Ir. nssuning t thia st'_1.gc th~ t thtl wi tness
is r::lw1nF" 11. fine r'listinction between what he wes told and
what/ ...• •
•
•
•
•
78. S . T. :rl1mnjwa:
what he obs,,-rvcd ~t 13ter - as your Lordship will re-
collE-ct fro!""! his eVi1€nCC in the. beginninR, he said that
at sone stage he ~lso occamc ~ menbor cf the Rcgion~l
Comrn .... nd .
lHLNE, J . P . Yes . H .ven ' t y,'u rot the d~tes?
MR . RnS: No . It W' s only at that st3ge where he
pLr30n~11y pnrticip~ted on thb R~gional Conmand whcrt he
could ;Joy i, SO 'g,nd so w':.s 'J me:mbcr . So and so WflS ~ member,
""!nd so ~md so WU3 n ['!f:;nber . " Now as to the instructions
.nd the ~ctivitics before that , •.. (Court intervenes) (10
j.'ILNE , J.P. (Not int: the microI,honc - inauJiblo) . •• your
next =lul:stinn' "Did he say from whom t hese ins tructions came? 1I
Now the anSWLr ,you '3rr:' expecting from him is: ", . • (in-::udible)
• . . the !i'(.;{"ion"ll Comrn'"!nc , II Is thnt the '1nSVIer you are
expecting? (15
r.m. R:"'b3: EithLr the RLgional Comm~nd or from Bruno
Iltolo, or from on of the members of the Region<ll Cornm~nd .
It miGht not be in the cx~ct form, but it will be someone
with whor.1. I sl1:111 propose to link the il(;Eion.:-'.l Command . " "
(Court intervenes) (20
rtILnr: . J. P.: Not ont. of thE: accused persons?
MR . REES: One of the ~ccuscd . Either one of the accused
or • .. (Court int~rvenes)
i.:ILi~.J~ . J. P . : Are y"u expect ing him to soy in answer to
this 1ucstion, th~t it w~s the Rcgion31 Comm?nc, or (25
IiJ-t:olo, or onc; of the Qccuscd: don I t you know?
CR. R2ES" r.1' Lorr'l, ho mrl.Y vH .. ll say - it will be one of the
1.n._~·'...:r.·: " It W1.S from the Region~l Comm::md through
Mtolo, C'T' throuf;h K'lsrils - but K.:'l.srils snid it was from
the "'0("ion:'11 C01'!lm' .nd . " (JO
Tl.lILi E, J . P . : "Lh' KC'.srils giVl; you :my instructions? "
Ec. .... :"id "YLS " th(;n you propose to sav . • (in~udible . )
instructions ~e~in . ]ow what answer a r e you expecting? MR .; . .. ..
19 .
•
•
•
•
79 .
MR . REES: From the. Pcgion'3.1 Commano .
MILl';E, J . P.: Have you any objection to th.ot Mr . Thirion?
MR . THIRION: It depends upon the reasons for what this
evidence is gcing to b~ used .
MILNE, J . P . : Well it is to show th"t these instructions (5
came from higher up .
rOL THITIION: If it is .... n executive act I an flct in the
execution of the common purpose it is perfectly in
order, but if it is s mere narrative nct ... (Court
interve-nus . )
MILnE , J . P . : If he says: " I ' m inatructed by Regional
Gomm'J.nd now to tt!ll you to do this .. ,11 do you object
to th~t?
MTI. TEIRION: No , r\~ 1 Lo1'<'1 ,
MI!J.H5, J.P. : Mr . Wilson?
r,iR. ~-HLSOI;: NO t ?l'LorJ .
MILNE, J.P . : 'ilo ' 11 l€~vc it ~t that then . Ask the
Assessors to be c·l llcc ir. , .1nd the witness may now
return .
MR . REES M' Lord, if I liL"Y just, I h,vc perhaps stated
tht source from which the instructor got the information
n little too wide . I beg your Lordship ' s pardon .
(10
I MR . REES CONTINUES . ..
"
•
•
•
•
80.
S.T . Hbanjwa:
un . R"E,:ONTINUE,Q EXA' I"ATION-IN-CHIEF OF THE HITNESS
"OL01:0N THBlmI"JCOSI MBANJWA:
~!R . RE!:'::- n ,w Solomon, you Vlere bu.:;y telling the Court
th.::.t aft8r you'd l. ivcn th, first d~m0nstr.'ltion to this
H::unmarsdr.lc Section vou reportod to Kasrils? - ---Yes, (5
Nm'/ after that report did you , or wc;,re you again
nppro~ched by Kasrils?-----yes .
Did you receive :ny instructions from him? ----
Yes .
hat WGre these instructions? - --- Hc BeDt my (10
s .... ction fr0m Hqrn1:larsdale to look for vome signal wires,
Georged31£ ~nd Hn~~~rsd' I .... , ~nd bat thcs~ had to be
cut on the: S>":fll '3y .
MILNE , J . P. : About 'Nt~n W'1S this?----Octobcr last year . -This must h::lVC h~PJlcned on '" (in <u'l1blc . ) ----- (15
It wne suppos~d to h8ppcn on a Sunday , but I do not
remember what ante it ~;".s.
MR . REES : Was it supposed to hnppen on a p::lrticula r
Sund'1Y, or any Sunday v,·hich you could choosl:.?---- On a
p~rticulur Sunday . (20
And then whnt did you do , in consequence of that
instruction? ---- I spoke to Bernard Nkosi, to tell Mdhlalose
that tho section woult) meet '"It Zulu ' s kraal on th> t
particular Sund~y . I Vlrote !l letter to Meyiwa , and asked
hi~ to tell Zulu that the section would meet at his , (25
Zulu ' s, kraal .
MILord, may I just cl~rify one matttT through
the intcrprttcr . Whc-n the interpreter snys "kraal ll docs
h(; mc~_n in "kr<l'-l" ,s(;nsl,; or the hom(;?
INTERPI1;~TEn: Th0 heme . At his home . (30
~IILlIE , J . p, : Where is Zulu ' s home? ----In Georgcdale a r ea ,
MR . / •• • ••
•
•
•
•
0 . T. Mbanjwa:
MR . P.EES: Just cerry on . -- - - On that particular Sunday
at about 1:00 o ' clock in the afternoon I went to Zulu ' s
home . When I arrivec1 there Zulu and Meyiwa werE: there .
A little While later Mdhlslosc and Bernard Nkosi arrived ,
Vie discussed this I23ttcr, as t was instructed, to cut (5
these signll wires on trot Sunday .
MILNE , J . P.: ilhat matters did you discuss?----To go and
cut sign~l wires .
Din you know which particular wires you were to
cut? ----At r,corgcdalG ,nd Hammarsdale ; we just had to (10
cut sign.::ll wires . I di" not go to the particulsr place
to s e where they WEre to be cut .
H8.s Georgr..dalc fl. St'ltion? - - - -Yes .
Hns HRmmarsdale a station?----Yes,
How far apart are they? - ----About a mile . (15
MR . REES: JU"t carryon please?----(Mr . Rees adds)
M' Lord , befor ... this r&:ply is given up this evic.encE: relates
tu COUNT 2 . - --- It was thEn decided that BErml.rd Nkosi .'J.nd
Mdhlalosc were to cut the signal wires at Georgedale . I was
to cut the. signal wires ot Hammarsdale . MeyiwEl and (20
Zulu remo.ined.
ruTLNE , J . P . : At Zulu ' s kr~al? Remained at Zulu ' s home?
---They did not go anywhere .
Th~y remained at Zulu ! s home? ----It was decided tha~
they were not to go to ~ither of these two places ,
but they could eo where they wished , even return home .
Y/ell now Zulu was at bis home?----Yes .
The plqn did not involve his taking part in any
thing that (l"y? - - -- Y<s, th~t is so .
(25
And Mcyiwa could, if be wishod, go home without (30
doing any catting of v:ires that day? --- - Yes .
yes?--- -I 2ske~ Bernard Nkosi whether he had
large/ . • . . .
•
•
•
•
hrge plie,s with which to cut the wires . He said that
he n'J.d . I ,lid not h-;v(; ':my pliers at home: , so I asked
who could lend me pliers . Meyiwa told me that he had a
Inrgo pGir of pliers . 'hen He left I walked along
wi th Moyiwo to his kro-.l md there I collected a pair (5 .
of pliere .
How f':lr aW3V s th3t fror:l Zulu ' s hor.-t:? ----Not
very f~r, ~bout h~lf " mile .
Anr you .. ":ent alon". with MEyivla to his hOI!l.6? --- -
Yes .
r,IR. REES: C3rr~1 on. --- - I then l~ftJ went townr~8 my
ho-;'1(; l1nd tr. oth",r two r:ll~o v/ent to thGir hOIDc;.S. Th:~ t
iG Be rn'1.rd rkos i. . . ((,'''U7''t inttrv wnes)
MIU1B , J . P . : Did you ~ t 'lny plitrs thot d~y'? ----Yes .
(20
.nd thl..n you II_fit hOr.h.::? - --- Y8S .
"lhl.r.::. wao your here in rtl::tion to hio, ~.i .... yiwn'o,
homc? --- -AbC'ut '\ milE:; fruID M .. viwa '9 home .
Mr . R~ES: C .... 1'r'; "n . --- -Thr~t evaning the weRther be-
C3~C rather 1· op and r'iny, "0 I did not go nnywhere . (20
ThE fcllowinf" morninS", the Mond F 1Y , when I w')s on my way
to work I boarded th.; tr'in at H3mmarsdalc . In the train
(10
I met Bcrn(lrd Nkosi 'J.n~ Mdhlalos£ , und other Bantu that
were in the train . I s:'!t close to Bernard Nk(lsi . Bernard
Nkosi m~de 0 report to Me. (25
f/h:. t did he s- y to you? Bernard Nkoci i9 accused I) No . 13. ----Thc report wc.s th3t he and Mdhlnlose had cut
some wires ..
MIL:~E , J . P.: \'hs Mdhl1.1oec. thure Vii th him at the time?
On the trnin? --- - He wns with us, but not in hearing . (30
We were talking softly 90 that the oth"r people could not
hear .
(Away from th" I:>icrophone - inau~iblc) Did lIkosi
tell/ •••. •
"
4.
•
•
•
•
83 . S .T. Mbo.n jwa:
tell you wh"lt - what hed he done, llkosi? ----He snid that
he h:ld cut the signo.l Hires ~t Georo;ed.lc(I1ITERPRETER:
MILord, it is really h~ and anothur , lIThat w.;. had cu t ... MR . REES: ~L1V I address your Lordship on the ruling
" )
\vhich your Lordship hns just ""iven? In r:y subMission (5
thc statetlent by No . 13 that he and Mdhhlose h~rl cut
this wir e would be qdniesiblc ns such agninst No . 1) .
It would, of course not be admissible ~gainGt Mdhlalose .
It is D. st'1t ... Plcnt of No . 1) admitting tha. t he wna :ls8ociotc.rl
with the p"lrtieulnr other person in that particular (10
oct . It is no evidEnce ~gainst Mdhl~losc qt ~ll .
~,nU~Et J . P . : That ' s wh t I h~ve said .
MR . R.CES I 'm indebte' tc your Lordshi p . Now in
consequence of the rep<'rt thnt you had received what did
you do? ---- 1 ... ent p.n"~ mn!),"'! '1 r(.port "to Ronnie Kasrils! 15
MILNE, J . P . : {Ihen did you do that? --- - I think it was the
llond"y "fternoon .
MR . REES' TowClrds the end of October , 1962 , did you
r~c~iv~ ~ny instructicno fron Bruno Mtolo? - - -- Yes .
'/!h,rG were thes(; instructions e,iven? --- - At the (20
offices at L"'l,khoni Char:1bcrs .
In Durb:-.n? - - - --Yt.:s . MILNE, J.P.
MR. REES: ycs? - ---Hc said that he hud ~ t~rget in
vi~w ~nd he wanted me to accompany him .
M' Lord , this \iiI:' be evi~!ence on COUNTS 7 , 8
SpOCific"lly count 7 . Cl1r ry on? ----On the following
d~y, TUesd~y afternoon , - I only 33y the following
~ft~rnoon, not Tues1ay .
(25 and 9.
MILNE, J . P . : Tho following afternoon , ycs .---- Togethcr
with Jc;.rr' Khutlalo VI" ~f;;nt with him; went to the bus
th~t GO~s to Clemont .
ilho/ .....
•
•
•
" . T.Mbanjwll:
Who went Nith Jerry Khum~lo? -_--Jerry Khumslo ,
Bruno "Ind 1.
~-icnt to .. . ?- - --Wc wEnt to the Clennont bUB rank .
We boarded a bus 'lnc I
got off at New Germany area . Vie \'lent • to ~ spot on 3 knoll _h·re there is ~ power pylon . When (5
we got there Bruno to k :!. piece of string out of his
pocket .
MR. REES Did .you subsequently point out this place,
this nylon to Sergcnnt Grobler? ----Ycs .
Juot cnrry on .----Ylhcn w. Got thore Bruno took (10
"I string out of hL j c"ct pocket . He mensured the width
of this pylon . lie wns 'sSisted by Jerry Khumalo . After
that ','If:. wnnt back to the bUB stop . There JErry Khumnlo
bocrced , bua gninB b·,ok to Durb'm . (IIITERPRETER: To
!::lerr-ocnt, M' Lor!l , Jim sorry . ) To Clermont . Bruno (15
'1.nd I bCB.r1ed '1 bU3 for Durb'1n . The following day , in the
oftcrnocn Bruno nsked me to ~ccompRny him , We went to tho
corner of Smith Strc:(.t 'lnr] Bro:1d Street in Durb'1n where
wr; met Ronl1ic Kasri13 who was in n small motor c~r . We
got into this car . 'J~ic travelled ::lIons until we got to (20
the honse of George NOickor •
Is that accused No . 6? ----Yes .
Carry on ~----When we got there we nll sat down .
','Ihen we gt't thl re Billy Nair was there .
MILNE , J.P. : Vlhen you say "all snt down", where WqS (25
that? Inside or outside?----Insidc in the sitting
room . ,'oJ were only there for ~ short while when George
iiaicker said w~ 3houl(~ go to the brtck to tho gnr:1ge . We <
rtll went out nnd went t(l the g'1ro.gc . The g_r' g~ wae only
slightly opened . when wc got - went inside , inside the(30
gQr~g~ on the right h3n~ side there was a work bench .
On this bench I aaw -,b,out 30 sticks simiL"r to Q candle ,
but/. • ••
•
•
•
85 . S. T. Mban jwo:
but it didn ' t have thE wick to light •
. ~~R . RCES: Whnt colour candle'? --- - Brownish colour .
Did you ••.. (Cour t int ervenes)
MILNE , J . P. : What len!;th about? About the length of
on ordinary white c3ndle?----Ten inches , approximatel y . (5
What th1ckness were they? ----About cn inch i n
diameter . (INTERPRETER: Indic~ted . )
MR . REES: Carry on .----About in the middle of these con
dIe- shaped sticks there wns a hole made r ight through this
stick . (IlITEllPllETER: As indic~ted, MILord . ) From one (10
side to the other .
rULNE , J . P . : 'ilhnt diameter vms the hole? ----About t he
thickness of " lead p.ncil .
An orlin~ry lent n€ncil such as you see everyone
using in offices?----YGo . I asked Bruno Mtolo in a whia- (15
per who.t this was on tho tablE'. . He said it W,~9 dynamite .
I Sf,," something else with a lid like a biscuit tin . Onto
this lid was ·.!ire attached . At the corners . It w~s a
squJ.re lid . In thc middle of this lid was a small dish
which seemed to have been attflched to this lid . I saw about(20
fiv~ or six poirs of rubber gloves ... (Mr . Rees intervenes)
MR . REES: Just pause there a moment. I show you
EXHIBIT 7(b) , and EXHIBIT 8(a) .- ---Yes .
What is - what Gre they? First Exhibit
It 1s similar to tho tr3y that I saw there . is
7(b)? ---
(25
MILNE, J . P . : And.this small dish similar to the one
that you sce attachEd to 7(b)?------It wos Similar to the
dish on 8(0) th~t I s~w .
Each of these tv/a Exhibits , 7(b) and 8(a) has
o amoll dish Cltbched, but the one thqt yoU saw in the (30
garage is like thE sll1f'll dish attached , forming part ';
of Exhibit 8(a)?----Yos .
Was/ • • •••
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86. S . T. Mbanjwa:
"line this tin lid tha t you have r eferred to very
similar to these two lids , or tins , or trays in Exhibits
7(b ) 3nd S(n)? ----Yes .
Now t akc th~t one , 8(a), how is t hct smnll dish
compared to the tin tr"y? - --- I don 't know . I can just (5 bCC:!U9C
think t " I was not present when it was attached .
There r.re no rrires or anything of that sort. It
might be glued on or soldered on , might it?----I would
think that it has been soldered on .
This small dish is m~de of mct~1? ----Ye8, it
fee l s like tin , me t al .
( 10
MR . flEES: Did you See only one of thesc dish combi nations
or more thr'tn onc?---- Tlwrt was only one of those combin-
at1ons .
Cnrry on . Yeu were still in the e~rage . You (15
spoke ~bout the gloves .----About five or six pa irs of
gloves that r snw ,
What kind of gloves? - ---Light bro,'m rubbe r g loves .
There: ..... e r e three smi].11 bottl es , simil'1r to those t hat I
described ns being used for eye drops .
MILNE , J . P . : ';(hich you purported cont'1ineil acid? ----
Yes .
Similar to Exhibit 3l(G)(1).
~m . R~ES: Could it just be produc ed .
tlILNE , J . P. : 31(G) (1) . Similar to tho bottles
. . . (inaudiblc) .. . in Exhibit 31(G)( 1) .----Yes .
These three ~mall bottl t.s did the" appear to you
to have anything in th ... m? ---- Yo;;:s , it appea r Gd as though
there wes something in it t but I never touch~d these
( 2('
(25
bottles . I saw a smnll pair of pli ers . On a pic::cc of (30
brown paper I S'lW ~bout ten or fifteen pounds of putty .
I saw n stick ~bout nin8 inches long , about one inch
diamet er/ .... .
•
•
•
871 3 . T. Mbanjwa :
diE'.m~ter . It wes pOinted on the one and . The r e we r e t hree
light blue two- cell torche8 . There Wd r e some c'lrdbaord
cartons at tho on~ End p".cked one on top of the other .
Then a short while cft.r wc all put on these rubber gloves .
~t1 . REES: ';/hcn you 8<!y "we '1 Ill! , who does that 1n- (5
cludc?----Mysl.:lf, Bruno Mtolo , Ronnie Kasrils , George
Haicker , Billy N~ir . When we put on these gloves Geor ge
1!aicker went outside . When he came back , he came back with
'1 big tin like '1 biscuit tin '1nd it w~s round .
round lid . It 1s 'l squ'1re tin with a round lid .
C'lme he put it down . Billy N'lir opened the tin .
It has a
When he (10
'i/ould you h'lvC '1 look at EXHIBIT 28 ( J ) • ----It is
simil'1r .
MILNE , J . P. : It is r-thcr like 0 four- gallon pnnffin
tin . ----y"o . (15
'i/ith 1'"1 circul .... r lid sct into the top .-- --Yes .
MR . REES: enrry on .
MILNE , J . P . : Georg<:. Ihickt'r C:1m(; bflCk cqrrying such a
tin . ----He C:lme in with it -.n1 he put it down . Billy Nai r
opener] it . He took ;Jo'nl~ dyn~mitc from inside this tin . (20
The 1yn' .ni te W'1S not th(; s~me as the other that wos on the
t,ble bec~use this h~d no holes through them .
Was it in the form of sticks like c~ndles?----
Yes .
About the s·'me length and thickncss? - - --yes . (25
S'1me length --:.na thickness I1S thG ones you saw on
the bcnch?----y~s .
An~ thG s~mc colour? ----ycs.
Did he tqke '111 the contents out of this tin? Or
only p~rt? ----A little r~maincd in the tin . (30
How much did h£; t~ke out? --- - I don ' t know . I didn ' t
count, but the ~ticks th3t he took out he put into three
cartons . / •. • • .
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88 . S.T.Mbanjwa:
cartons . After they he.d put this into the cardboard
cartons, George Naicker and Billy Nair went out again .
When they c~me b.3ck Billy Nair hnd a plastic container ,
a round one . It was in the shape of a drum . It had hinges
on top . They we r e c1tches re~lly . When you turn (5
the lid it catches onto thes e catches .
MR . RCES: Just p~usc e moment . I show you EXHIBIT 28(B) 1.
----yes , it W'.lS simi13r to this .
MILNE , J . P. : (Inauuible) •... about the s~mc size as this
Exhibit 28(b) (l)? ----About tho same . It is a long time (10
ago that I saw this .
It looks to me to be ~ plastic bucket st~nding
about twenty inches high 'lnd with a pl'lstic lid. ----yes .
MILlIE, J . P. :f .. ...
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- 90 - Solomon T. Mbanj~~ .
MILNE J .P.: You say Billy Nair had a round plastic
container like this ~xhibit? ---- Yes .
What has hspponed to that? ---- He took a role
of cort~x from this .
MR . REES : Vias this role of cortcx still round its - ho'N (5
was this cortex? ---- It 'Nas rolled up in a roll .
Viould you hav," a look at Exhibit 28(d)(l)?
Yes .
What is it? ---- This looks.like the reel thst
contained th~ cortex .
MI LllE ! J .P: Vias it on a reel? This cortex thst Billy
Nair took out of th~ plastic bucket , was it rolled up
round a red like this exhibit ,,8(d)(l)? ---- (The Court
adds) •
(10
Or w~s it siml'ly rolled up without a reel? ---(15
As far as I can rtJcoll\,;ct it was just rolled up in a roll
and not on a ra~l .
MR . REES: Carryon. Bruno took from his pocket a
string , Which ',va.3 similar to tho.! string he took out at
Now Germany . HI.! r:wu3ur·;d the cortex wi th this string (20
with which hI:: had m,."nsured this pylon at New Germany .
Ronny and Billy weri.; assisting him . Thcm Bruno left the
string and h~ measur~d tho cortex with his arm . He cut
three long picc~s of cort~x . He again cut three short
pieces . At the end of th~ long pieces of cortex he put (25
something that looked lika an empty shell . It was metal,
very light .
IULNE , J . P.: What kind of a shell? ---- It looks like
a pipt: , a. pio;.; QI..; of piping . It is v_ry light, into which
you can insert the cortex. (30
lias the pipiTI.6 stopped up atonE: End? ---- Yes .
How long wl..;rc these pi~ceo? ---- About two
inches/ • ....•
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- 91 -
inches .
And tho diamuter? --- - It Vias less than half
nnd inch and slightly morGthan quarter of an inch , which
is the thickness of a pencil .
MR . REES : Carryon . - --- He also uttac~e d some to the (5
short pieces of cortex . He also took three sticks of
dynamite, not those that had tho holes in but these that
came Ollt of tho.:: tin .
MILNE, J.P: Do you mean those that oame Qut of the plastic
container? ----- (!vlr . Rees intorvenes) .
MR . REES: No, MILord , thu cortex came out of thu contain
er .
lHLNE , J . P . : This was the dynamit~ that had no holes in
the centre that cam0 out of the tin, like a 4- gallon tin?
(10
---- Yes . Bruno then made holes at the one end of the (15
sticks of dynamite , loo3cning the paper . He then inserted
the end of the cortex which had this metal attached to i"tl,
into th~ dynamite .
MR . REES : Do you know what this m0tal was called?
I never asked . I never heard what i t ~vas called .
MILNE , J . P . :: It was the piece of metal that looked like
a shell , 2 inches long and th0 diameter you m~ntioned?
---- Yes . The paper was then tied with string round
the cortex where he had unfolded th~ paper . In each one
(20
of these tlrrec cartons in which the sticks of dynamite (25
were put, on0 pivc~ of dynamite vdth short cortex and a
long cortex: Wl;re put . One each of those four sticks of
dynamit~ with the hole in the centre , were ~lso put one
~ach into each carton . Th~y w~re divided into three lots
and put into the cartons . (30
I am not sure that I follow that . You say one
piece of dynami to with a hole in the centre was put into
each/ . . .. ... .
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- 93 - Solomon T. Mbanjwn .
each of tho throe cartons, BO.Only thre~ p~~COB of
dynamite Wt;re us d with a hoI\,; in the c~ntre? ---
What I meant to say is, th~y took the wholo lot of
the dynamite with th~ holes in the centru that were
on the tablo. They wore divided into three lots and (5
onch lot put into a cardboard container .
E'lual lots? ---- YeS . One bottle was put
into each contain'..:d - tha bottl~s that I described
uarli~r .
The small bottl.s - Exhibits 3l(b)(1)? ---- (10
Yes . On~ bottle was put into each of the threo con
tainers, and a torch was put into each one of theso con
tainers . Bl~ck insul~tion tap~ was put into each card
board cont~in~r ~nd Elastoplast was put into each 000-
tainer. G~org~ Naick~r and Billy Nair put this tin (15
from which tlL dynami tL W!lS t:..lk .. m and the plastic container
which cont ... dnl?:d thl,,; cort~:{ and took it away. I thought
that they wer\.; taking it back from where they had
fctch~d it . Wh0n they c~e back , we took off the
gloves from our hands . W" handed these to either Bruno (20
or Billy Nair . After that , Billy Nair said it was too
late for us to leave now .
MR . REES: Billy Nair thet you are talking of, is that
accused No . 4? ---- Yas . It wan too late to go to that
targvt to commit sabotage . He said he would leave to (25
tell th~ others that wcr'e waiting for him, to leave .
MILNE, J .P.: About wh"t time of day was it? nn It was
towards 7 o 'clock in the eVt.:ning, MILord . Gcorgt.: Naickt::r
th(;:n said hI..: \":--s tir..:d and that he had come from Hluhluwe .
He said that jokingly . Th~s~ cardboard containers rc- Do mainc::d th..:ri! . We w\..:nt out , Wl: got into a car, it was
standing in front of George Naickor ' s , thb car with which
'llel . ... .... .
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- 94 - Solomon T. Mbanjwa .
we had arrived. The four of us, excluding George
Ilaicker . W~ wt,;nt to Durban· and there we parted.
All this haPP0nud a t whose house? ---- At
G~orge Naicker ' s house .
Where is that? ---- Stella Road, Durban . (5
Now you so.y tho four of you go t into this
car and went back to Durban . But you w~re already in
Durban? That is all Durban but it is on the out-
skirts of Durban . What I moan , we w~nt into Durban .
Stolla Road , which part of Durban is that?
Towards Hillary . (11
MR . RE.t.~: ,'/hat happened the next day? ---- Bruno said
that tho follo;ving day I had to l'Ioi t for Jerry Kumalo.
I should woi t for him until half pa.st six in the after
no on. If Jer ry K~lo had not arrived by half past six, (15
Bafana Duma and I should l eaVe and go to New Germany and
we should wait for him close to this pylon .
MILNE , J . P.: This Bafana. Duma is not anyon~ in Court?
---- No .
This is the first time he's mentioned? ---- (20
Yes .
'<!R . REElS: !low if Jorry had rot arrived at half past six ,
you and B:::t.fana Duma wer~ to go wher e? ---- To N~w G~rmany ,
close to that pylon . Jerry Kumalo did not make an
appearance, so shortl y after half past Six , Bafana Duma (25
and I thuD l ..;ft . \VI:: went to th~ Clermont bus rnnk .
From where did you l eav e? ---- We left Lakhani
Chambers. We boarded a bus, got off th~ bus at New
GoJrmany close to where this pylon is .
MILNE , J .P .: Did either of you haV0 anything with you? (30
- --- No . We had nothing with us. Wo sat next to the
rood , close to this pylon . Shortly ~fterwards, Ronnie
Kasrils/ . ••.. . ..
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- 95 - Solomon T. Mbanjwa .
Kasrils arrived , driving a motor car . It was a black
motor cnr . I do not know what make .
MR . REES: I show you a phutograph containing six faces .
Can you tell tha,Court whose faceD those are if you know?
- - -- The picture in the middle is Ronnie Kasrils . (5
That will be Exhibit A.P. (2) .
MI LNE , J . P .: What time was that when Kasrils arriv0d?
---- Between 7 and 8 p .m. Out of this car got Bruno
Mtolo . He had a kitbag over hiJ shoulder and a brown
parcel in th~ oth~r hand . Wo left this spot in the
road and went to a place wheru there is a bush. There
Bruno Mtolo made known to us - he was whispering to us -
that we should carry out this work at the pylon at nine
o ' clock . It must be finishcld at 9 o'clock .
(10
MR . REES : Y/hy? ---- H2 said 80 that it would happen (15
at the same tim0 with the pylon at Pinetown where Ronnie
would be and at Montclair where Billy would be . Between
eight and half past eight wc went towards this pylon.
Whcn we got there , Bruno put this kitbag and parcel down .
He took out of the kitbag Bome rubber gloves - three (20
pairs , we put them on our hands , all three of us . He
took out the threo sticks of dynamite with the holes made
through the middle . He took out the long pieces of cor
tex . He put the long pieces of cortex with the m~tal
attached to the end through the holes of the sticks of (25
dynamite . He set these sticks of dynamite to corres
pond with some cross - members . He set the sticks of
dynamite on the pylon in line with some of the cross
members , th~ supports , of the pylon . Some were on the
corni)rs and some were across each other , like an X. (30
MILNE , J .P . : Did they come up from the ground in that
form? - --- No , not from the ground . They were away from
the/ • ..... . .
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- 96 - Solomon T. Mbanjwa •
the ground .
How high above tho ground was tho bottom of
the cross? About 2 foot .
·"'hat did he: put therL;? --- - The poai tion is t
that tho cortex w~s long ~nd the cortox is put through (5
the centrv hole of a stick of dynamite . It is pull~d
through , it is inserted through the hol e of anothor stick
of dynamite and so on; the one pieco after the other
and that waG set round and they Were 9~t where the cross
members met thc pylon .
At/ ..... ... .
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- 97 -
At wh'.t h0ight "-90ve the ground , roughly?
At that tHn_ ho waa dill BettinG it on tho ground • .
V~0n he said he put th~m on the cross- mombers ,
.. ·.:J,s that on the ground? ,-- -- What I mecot , he put them in
line vii th tho aross- member" , setting t h em still on the •. ( 5
ground .
MILNE , J . P . : I am e.fr'dd I haven ' t fol lowod about
pu t ting thum i n lin~ VQth tho cro8s-memb~rs? The
position is th.o.t h" VI~s still set ting , lining ou t the
aticks of dynamite . K"ch one stick of dynumi t u to (10
c or respond .,.,rt th n cross- member on the pyl on us ho had
it on th~ ground .
Do you me.?n for inst:.nce th.'lt th~re wo.s 0.
cross- ml:mbcr on tho..! north , t .. cross- member on the south,
a cross-m~mber on th~ ~lst ~nd 0. cross-mLmb~r on th~ (1 5
west, lik..! th:tt ~ Is th~t what you m(.:un? ---- The: position
is th:.t th~D';.l pylons h'_Vcl four l~bs and tht!r.:.:. i s n crOBO-
member from the on~ support to the othar and thooe
sticks of dyn.:uni te WL:r\;! fixed , one to cor respond Wi th
the upri cht , one vii th the cross of the cross- member s and
~o on , right round the pyl on .
','Iill yo u look [! t Exhi bi t ' K. 5 ' ? --- - (Mr . Rews
intL!rv~nes) •
(21
MR . REES: II'Lord , "lith respect, thi s i s 11 different pyl on .
It lIould be perhaps soccthing like Exhibit ' E. l ' . (25
fo,U LNE , J . P . : It ha.G not been put in .
MR . REBS: It has not bewn put in , no M' Lord .
I undor3t~nd you to BUy that there v/ns ,.
1 0llg p ilolC v of cord cortlix which W:J.S put through a pi ece
of dynllmi to wi th " hele in thw middle ~nO th" n threud ed (30
tr..rough c.noth(:r pi...:cc of' dynumi tl.;; wi th hole in t he l
middl" and then through a thi rd piece of dynami te . How
mnny! • ... . . .
•
•
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•
- ~/j -
many pil..!c(;;o of dyllrull tlJ r1.t thl:;: most Vh.:ro threaded through
-:ml.: - through how mn.ny pi'Cces \/ould anl,; long pi.::ce of
curt~x bu thrunJcd? About eight .
MILNE, J .P . : HO'.f long 'II\:ire th"::st; pi€.!c€s of cortex?
It is difficult for mu to s ,y but I cotimutc tho length (5
of it ct about )0 fect .
Each of thl;S", three pi...;cus thllt has been m.:.de
at P"_icl::cr ' (1 hous .... , wl.!;re th....:y '1.bout 30 foet long'~
Yos . Tlu..t i~ only ~n ostim,"t~ of the length .
About from thnt wall of the Court to this (10
""ll? ---- I ,'ould say it is that . It is difficult to
cotim~tt~ now .
Lbout L;ic-ht s ti cl{s of dyn'1.I:ti. t~ '.'h .. rc thrva.ded
HOI'I m.::ny long piuco...;c ..,f cortt:x Wl,.;rl.: used on (15
th"' ... t section? ---- Only th..; on ... long one .
MR . REES : - - Any ::;liort ... 11431 ---- Th(;r~ w:.s only th~
one: short pi\,)c~ .... /hieh ,1:1.5 uttach~d to tho.; stick of
dynnmit~ in the ~nd .
On thlJ 3hort picc~ e;f cortex N.:lS th(:ru only (20
on\;.: stic~c of dyn.::.mi tL:? ---- Yes ,
How long W19 thoJ short piece of cor tex ,
roughly? - --- About) feot .
You had out.: pi'.:Jc~ of cortox -,vi th ono pi ece of
dyn.::un.i tv ond ~nothc:r piece of cortex with about ... ight (25
piec~s of dynnmitu? ---- I am still going further to
(;xpl.:.:..in how mc.ny stick.; of dynnmit\;;. in all weru put on.
On what? - --- I \'1".3 "till expl_ining . W.
didn I t l:ud wi th the: ci f ht th: t I havo.;; m€ntionud . Vie
still ntt:lchl..'d more 'tft0rw-:;.rds • ()O
How m::my pieces of cortl:.x did you uSc; altog\Jth~r ?
---- Only (,nt: long on\.,; .
One/ •.•••
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- 9:1 -
On\,; long ,)1112: -..:.nd on\,;; short one? ---- Y~D .
'rhe short on~ only h'ld on" stick of dynnmit at the and .
On"" pi\:!cc r;.t dyn'lIIlitL: on the 3hort piec\..; of
cort(.;x lnd iCht s"':ic1"e of dyn~ to on the long pieci:?
At thio 9t"g~ , only eight on tho long picco . (5
And then? Thu ""nd of th"" long cortex
wi th the m"tcll 0nd liaS then tied r ound tho aingle piece
of dync.oi tc 'In th tht:.: shur~ cortex . ~.1 1 Lord t I 3m sorry,
not the ~hort cortex . Wheru thl; pi(.;ccs of cort.:x met
',Gain , th. notal end of the long cortex I'I:1S tied to the (10
other atick3 of dync.mitlJ , to thu 3am~ stick whorl;; the
cort.;;:x st:lrte . It \'/'10 th n tied on wi til inaul£ltion
tape .
Tied on wh.:!t? ---- Th..:: cort ... x i9 t:lk~n round
th.:- pylon .:J.nd the:: ID.. tal :.ond LJ ti. . .;d on to onl.! stick of (15
dyn~H:ri to . .'i th th, hole in tho c ... ntre . Aft..::r it h.:Js been
tic:d on ',-,ri. th t· p<,;, four othoJr sticka of dynami tu a r !'; put .
on top of th.:.:.t one Gtick 01' dynf"lIDi t .... , ::md thEn thuy are •
tiud togeth..!r .
',7i th 'i/hn.t? --- - Th ... n thl:re are five oticks \20
of dynami to .
HO'Ii a r o th y tied? Vii th what? ---- 'Iii th
black insulation tnp~ .
,I}-.cre wer e thos_ five oticks put? ---- Attached
to th~ on0 corn~r support of the pylon . (25
MR , REES: Would you c .... ,rry on now, and go right round
tht: pylon , d""'~linC' wi th l.:ach les in turn and just tell
the: Court fin-;.lly o/h.:' t W lJ '1.ttncht:d to lJD.ch of th ... l oJgs ,
if "'nything w.~ uttached :;0 0<lch of th~ 1 .... g3? ---- I will
cxpl c.in it this "',-y . After the fiv" sticks of dynamite 00
had be~n til.:d on to th~ m~in support , th~n it is covered
wi th putty .
limy / •••••
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- 10C -
May I interrupt , M'Lord? If I may put in this
Exhibit ' E. l ' through the witness , it might be ensier for
him to t:xplnin wi th refe.runc£ to Exbibi t 'E . l '. (The
witness io ahown Extibit ' :: .1 ' ) . Is that the type of
pylon you are novi sp(:;2.king of? - --- Nearly th.a same . (5
Will you just e?'P1ain with r eforcnce to those
poleo cr tho legs vir..ich ura no longer fixed as you cnn
soc? ---- (Tilr . Thirion intervenes) .
MR . THIRION: rr t Lord , the accus ed nru supposed to follow
this I;;vid .. mcc and without otny photograph being shown to
th~m , I doubt whe:thur_I doubt vlhoJther they . " (The Court
intervenes) .
MILITE, J . P . : YOU ' V0 got one th~rd, haven't you?
HR . THIEIO!!: Ther" is only one amongst the 21 of us .
(10
MILNE , J . P . : W'.;; '.nll p~use whilL: they a ll havt:l F.:. look . (15
BY THE WITNESS: [,l ILord , the: main s upport of th..) pylon is
made of ~nglc iron, it is L- shaped . ThG five sti ckS of
dynQJIlite a.r..; put into the corn~r of the L- shaped support .
It is thcn covt:rcd up \'/i th putty and t:!k0n from there to
tho cross- member where they croSs. Thelre i.t is only (20
tied 'Iii. th Elastopl::wt, not with putty .
MR . REE't: ',VhE~t is tied? The stick of dynamite .
Another single stick? - - -- One thnt is in the
cort0x io tied first and you add anothor two and they
nr..:. ti cd on .
That is tied on With the black insulation
tape? ---- First with insulation tape , the one stick .
You add two morel , thl2n it is ti~d with Elastoplast .
'.'Iher!.:? Wher,,] th~ cross-memb.ar crosses ,
(25
in lino.;l with thn.t you tie two morl.': sticks of dynamite (30
tc thi,.; one which i3 put through - with thu cortex through,
wi th in3ula.tion t:J.p~ , Then wi th Elc.stopl~st it is tied
on tal . . . . . . .
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- 101 -
on to the motal of the croBs- member . Then at a next . main support , five sticks'again , thCJ same as' tho fir8~
one and the Bamo method is followed rigbt round the pylon.
At the fourth main support , at the end , there is addsd
thrse sticks of dynamite without the holes and tha (5
fifth one is tho stick of dynamite wi th a short piece of
cortex.
MILNE , J .P .: Fifth what? ---- Fifth stick of dynamite .
At the fourth main support , three sticks Qr e
added without holes? ---- To the stick of dyne~te with (10
the cortex through th8 centre hole .
That makes four? ---- Four . Then n fifth one
is add~d , the stick of dynamite to which is inserted the
short piece of cortex vQth the metal .
MR . REES : Th.:: short picce of cortex links up with (15
the others ~t thl.J fourth mein support? ---- The sticks
of dynllmi to arc all put togother at tho end with the
short piUCl; of cortr;x dangling down . At the ma.in supports
Elnstoplast is then put over the putty and round the
main supports , tying the sticks of dynamite to the (20
supports . And th~n this tray ..... (The Prosecutor
interv.)ncs) •
In Court 110W - Exhi bi t 8(a) . ---- Is then put
dirDctly under this short piece •. .• (Tho Prosecutor
intervt.;nes) •
You say 'is then put ', do you moan it was that
night? ---- Y03, it was then put directly undor the
cortex hanging down . As I explnined in evidence earlier,
at th~ cornor of the troy- Exhibit 8(a) , was ~ piece of
wire atti.;"l,chtJd 'to -.1ach corner , standing up , which was
used to ti8 the cortex hanging down to keep it in line
with this dish in Exhibit 8(a) .
(25
(30
IiIILNE ! J .P . / ••.•
•
•
•
•
- 102 -
MI LNE, J .P . : Where weD this dish put? It wns just
put on th(; ground , dirllct1y undurncath this cortex .
~. REES :
such wire?
Hr.o th"t p".rticul·.r Exhibit 8(,,) got any
This cxU bi t ho.s not got the ' wir~ but I
s~id that the tr,.y th:lt \'I'"~n us ..... d th"t night had these
wires .
I du und ere t::--.nd that . I em just asking . I
cc-n l t sec it hl.:rt..: . It h"s got no wire . ---- Exhibit 8(a)
has". piece of wire !Jolderud tv the c(:ntru of thu tray
but the: one that ~'I{_S used on that night had a piL:ca of'
wire ._: t \;~ch corner .
Solderod on? ---- y~s . .
And th\,.;~H .. four wir .... a ;It~.rc nIl soml..lhow or
oth(;r drJ.wn tog .... thcr :.:...nd o.tt'1ch..:d tc the pi(:c~ of'
(5
(10
d'1ngling ccrt.x? ---- The.t i~ .:0 . To keep it in Ene (15
with the omull dish .
r,ULNE , J . P . : "\bs thtJ dnneling pil.:cC of corte;x over thl;!
:3mall dizh? ---- Yes . Out .... f th .... kit bag W3,S t'l.kun a
parcel cont:"'.ining powder . Th ... powder WQ.S put into the
Gmall dish of tho cxhi bi t cioil~r to Exhibit 8(,,) .
CottonlVool W1.9 put in th~ bigger tray at th~ spa.ce right
round th~ small dish . He to,)k out a bottle of b. nzinc .
Benzine w[:.., put onto the cottonwool . Ht:: th .... n produced a
---- (The Court interv nes) .
\tho wa.s doing +:his? Bruno . H~ thun pro-
(20
duccd n pln.stic c ...... ps.ula , similar to thtJ onu I showed the (26
Court c~rlicr . Similar to Exhibi t 31(,,) (1 ) . They were
this size . Th~ first on!'; hI.! took out WQ.D the siz!.; of
th~ on~ I produc~d .
MR . REES : Exhibit 31( .)(1)? ---- Yes . He took a
bottlr.:; conti .ining th..:: acid which I have d~scri bcd . H~
put some into the ca.psule . Whl....n h~ filled this capsule ,
(30
he/· ..... . .
•
•
•
•
•
- 100 -
h .... clos0d i t . He took a.nother capsule , a larger siz~
than this one - E"hibi't 31 (u) (1 ) . He inserted th" smal l
capEiul .... into thi..; larBl3r c<;.p.sulo and closed that as wel l . ,
He took thoDe c"pBulcG and put thom into the small di sh
which contained tho po~·!d c,;r . When that was done , we (5
picked up cvw:rything that we could sec around th0re and
we ran away , u!ld we Vit;)nt in thlJ directi on of Clermont to
tlH.: bus rank . On our V/ay towards Clermont , Bafana dis
apPf;lurod . '.'Ie did not know what hael hapP':Jned to him .
After we had been standing at thc Clermont bus rank for (10
... oma tilD.l.l , We! ho..;ard the r-.;port of an explosi on .
About ·,vhat ti!:l~ would tool: be? ---- Must hav e
been to'llD.rdEJ 10 o ' clock .
Uhilc you v/~r..; still aW8.i ting your bus?
V10 wuro listJning to hl!Q.r ho,"' our work went on . (15
Did you d~liberntuly miss ~ome of the buses or
.... '1~re you otlll wei tint; for 0. bus wh-.:n you heard thlJ ex-
plosion? ---- We dclib-.:ratcly rris;Jed some of the buses ,
wai ting to hear rlh.::~t progrL.'ss vms Ill..'1de with our work .
And it 'IIaG about 10 o ' clock when you hoar d (20
the explosi on? --- - Yes .
work shortly aft~r nine .
YOSt because we fini shed t he
MI LNE , J . P . : And can you tell me, roughl y speaking , what
tho.:! distance bo..;twecn the bus stop and that pylon would
b0 in a direct line, across the hi l ls and dales?
Along thtJ road I would sa.y it was one and 0. half mile .
·f{crc you able to see this spot, thi3 pyl on
from th0 bus stop? ---- No .
MR . REES : You couldn ' t see the effects of the ex-
(25
plosi on? Not· t tL"t time . Do
You couldn ' t sec any flash? ---- I did not sec
a flash . I only h..::;ard the r...:port.of th~ explosion .
TliE/ •• • •••.•
•
•
•
•
- 104 -
THE WITNESS STANDS DO',/N .
MR . THIRION: ·We would like an opportunity to see the
accused in the morninc and a.t lunch time . It happenvd
today that we wanted to sec thl;;: accused and we Vlere told (5
that W~ could see them only in th~ cells .
MILNE, J .P.: Do you mean during the luncheon adjournment?
MR . THIRION: Yes, M' Lord.
(A DISCUSSION ENSUES BETWEEN COUNSEL AND THE BENCH).
MILNE , J . P . : That will be a rranged then Mr. Thirion , that(lO
the accus03d will be available here in the cells at half
past eight in the morning . They will be brought in
singly into the Court to be intervi~wed by counsel .
And again bl:tVl(:~n half past on0 and th(; sitting of the
Court at a quarter past two,
THE COURT ADJOURNS UNTIL 10 O' CLOCK ON THE 26th
NOVE/,IEER, 1963.
•
(15
•
•
•
•
.c ON 26 . 11 . 1963 THE CaURT RESUMES:
APPEARANC ES AS DEro RE:
SOLOMOI~ THE!I!BINKOSI MllAliJWA: (S till under fOI'lller oath.)
EXAMINATION-IN-CIlIEF BY hlR . REES CONTnmES: •
M~ . RtES' Solomon , you told the Court yes t e rda y about
the blllsting of the p:rlon at New Go r many'/ ---Yes .
What , if ~nything , happened the next day? ----
a t t h is pylon,
(5
The following day , the d~y after W~ were
Bruno "'.nd I bought a pc.",'1cr, a newspaper .
nothing wns reported in the pnper nbout
Vie found that / (IO
our work .
Whc.n . OU 30.y your work , do you mean the work of
ev erybody concern~d t~~t night, or just some of the people
concernEd th~t night? ----Ther~ was no report in the paper
"bout the pylon, the ·"ork th3t HC had done , but the re / (15
were r~ports ~bout work t~~t others had done .
Thl.n?- --- tl.1 th~'n dt:cided to eo flnd hnve 3. look how
the work went .
MILNE , J . P . : Tlnt is the work that you had done? ----Ycs .
Wc took a bus to thc Clermont bug r"nk . lie got off a t (20
Clermont . Wo took tho rond on the side whe re the pylon is,
a ro-,d go inc to Ndundumo • IIhen we 'lppear cd on top of the
hill C"'.nd we lookt:d 3.Cr03S ,'fe could sec that this pylon was
bent . We we r e satisfied that our work was successful .
We:. went back to the off i ce where we wo rk .
Vlhe r e was the t'? ----L'1khani Ch:lmbers.
lill . REES: After you h'1d joined the :lssoc i !lt i on you have
alrc~'ly told the C0ur i th,t Bruno had taught you certain
s."1bot1.gE: mC'thod s ~ --- -yr B .
(25
Now without go inc into detoil can you just tell 00 thl: Court Vlhut the v""riouB subjects are on which he taught
you . The v~riOUB subjec t e . --- - He t'1ught me to make pipe
bombs/ ••. • •
•
•
•
•
S . T. Mbanjwa:
bombs, bottle bombs , petrol bombs and to work with
dynamite , to destroy . Th,t is all .
And how many demonstrations - about how many .
demonstrations did you attend? ----Twice , excluding the day
that I attended the fixing of the dynamite to the pyl ons . (5
Would you just toll the Court what the ingr edients
arG th~t go into tho pipe bombs .----I would not remember
accurately about pipe bombs because I did not work with
thorn again nfter that , but I will explain as much as I can
remember . He cut three pieces of twelve inches of plas- (10
tic piping . The original pipe w~s twelve inches long , and
that was cut into throe pieces . The one end of the pipe was
closed . I do not remember whnt width . A powder already
mixed wos then put into this pipe that had one end closed.
MILNE , J . P. : Wlnt was thG diameter of the pip.? ---- (15
(IlTTERPRETEH: He indicates about cn inch ·~nd a 'luarter ,
MILord . ) Aftcr this powder had been put into the pipe
he then takes a capsule, the same as I described yesterday ,
he puts the acid into the capsule, th~ capsule is closed
and put into the pipe . The other end of the pipe is then(20
also closed . I do not remember with what he closed the
pipe . Or what he closed the pipe with . The second pipe
was then olso closed on the one side. A little bit of sand
was put into the pipe . Some othEr object was put in after
the sand, I don ' t know what it is , before a powder is (25
put in . Then a capsule is taken , acid put into the capsule,
the capsule is closed, put into the pipe and the other end
of the pipe is then also closed . I can't remember wh·t the
ends of the pipes were closed with .
M": . RI:ES: Right, now would you explain also, briefly, {30
the ingredients that BO to m3ke up the bottle bomb.
---- A mixture of powder is put into the bottle . Quite a
loti.· ...
•
•
•
~07 , S . T.Mbanjwa:
lot of powder is.put into the bottle , about an inch high from
the base of the bottle . The sam,e capsule is then used;as
I described ,with the (lcid thrown into the bottle, and the
90tt1e is then secured tightly .
Now would you also describe the making of the (5
petrol bomb? M' Lord , I think he did that yeste rday, I won't
repeat it . Thank you . Ue r e you supposed to learn your t osk
from demonstrations only , or did you r eceive anything to
r ead?----I was handed c book.
Who handed yo~ a book? ---Honnie Kasrils. (1.0
MILNE , J . P. : This man Kasrils , Mr . Hees , what ' s happened to
him?
MH. REES, M' Lord , the lest information we have about him
is th~t he is in Tang~nyika .
MILNE , J . P. : This book, in what language was it?---- (15
European langu~ge, English .
Were you able to read it yourself?----Yes t 01-
though I could not underst~nd it fully; there were some
words th~t I did not understand .
MR . REES: What was the book about? ----It expkined the (2.0
tactics of guerilla soldiers .
MIL~E , J . P . : The witness has just given that evid~nce in
English.--- --yes .
Spenking English.----yes . When they fought the
government . (25
MR . HEES: Would you have 3 look at EXHIBIT 35(0) . Was
it a book like that, or something different? ----A simi l ar
book .
MILNE, J . P. : Not that book? ---- (Court adds) Would you
look at it . Loo}: at its pages and see .
MR . BEES: If it was the same book soy so, and if you arc
not certain say so . ----This is not the book, but it is
a/ .....
()O
• ~ .T.Mb"njwa l
" similar book.
MILNE, J.P. : .Don ' t t~ke it aw~y from the witness . Just
let me see if I cnn understand you . Would you look at the
subject mutter of th .. t book. '[/hat is it called? What is the
titlc of the book? ----Gucrilla Warfare, M' Lord .
!low this book that you studied , was it a copy of
that book?----Yes , it was thp same kind of book.
(5
No, I don't mean the same kind . Was it a copy of
that? Was it in the seme language? ----Yes .
• And lVas it exactly the same as thot?----ExBCtly(lO
•
•
the same .
MR . RBES. And •.• (Court intervencs)
MILNE, J . P,: From whom did you say you got this book?---
Ronnie Kasrils .
MR . IBES: And what "ere you supposed to do with tho (15
book? ----To read this book , and to understand the contents .
Wbnt did you do ,lith it finnlly? What h~ppened to
it?--- - I read this book , although I didn ' t get much time ,
I was working . I eventually left it with a friend of mine ,
Mbhele , at Clermont . (20
MILNE , J , P . : Where were you working at this time?----I wae
working in an office at Lakhani Chambe r s .
What kind of office?----I was Secretary to various J unions , two unions .
Trnde Unions?----Tr~de Unions. (25
MR . !lEES: I now proceed to COUNT 10. Do you know any-
thing about nny hnppcninB on the r1ilway line between
Ntshongwc"i ~nd C1Ufd·.le St~tions? ----Yes .
,Ih"t happened thore?----Must I start right at the
beginning , or must I just describe what happened at this(JO
particular spot?
\Jell , firstly , tell the Court who was involved .
-----Bruno/ .... .
•
•
•
•
109 . S . T. Mbanjwa .
.. - -- ··Bruno Mtolo , myself, that is a l l .
And what was used?----Dynamito .
What wss done with thc dynamite? ----Dynamite and
cordtox was used . Two bundles consisting of f ive sticks of
dynamite each were tied on to one of tho m~ in supports (5
- tied on to two of the rn'J.in supports holding the main
wires .
MILlffi, J . P. : The elec t rical t ransmission wir es?----The
power lines .
Over the r a ilway lines? ----yes . I n the one (l~
bund l e of dynamite there wae ono stick with a holo in the
middle the same as I described yesterday. The othe r four
sticks nothing had b~en done to them . In the other , second
bundle thcr. was nlso one stick of dynamite with a hole
through the middle . The one stick in the second bundle (15
had n piece of cordtcx hnnging from it , the same as I des
cribed yest , rc'.ay , and three sticks of dynamite with
nothing done to them. The same procedure Vias followed in
this case as I describe.] yesterday . The co rdtex is thrended
through the hole of the one stick of dynamite , ti"ed with ("- ....
insulation tape , then tho other four sticks of dynamite are
also tied to this one with insulation tope, then it is
attached to the main suppor t . Then it is tied with elasto
plast rou~~ +~1q ~~pport , ~nd the dynamite . Because it was
~ rainy day Mtolo used matches to light this cordtex that(25
was ha.nging down . He did not use the tray , as I descr ibed
yesterday. It '1r 9 go:n.:->t';.me b - f o::- e he could ignite this
cordtex r-::-~.ll9'";! -" 4-. ·'·'19 n ',"le t day , it was raining.
MILN~ ,_ .J.!P....!.. :_ Iiav ;~ you nny ide9. what month it was?---- In
tho middle of Novomber - it was the end of November, las tOO
ye:l r .
You can ' t remember the dute?---- I don ' t
r emember / .....
•
•
•
•
110 •
remember .
MR . REES: Did you subsoquently point this plaoe out to
Sergeant Groblcr? - - --ycs .
And what happened after Bruno •••• (Court inter-
venes)
MILNE , J . P. : Just one moment , can you remember when it was ,
rougbly , that you pOinted out the place to Sergeant
Grobler?----I think it wae lest month , I don ' t remember the
date •
Did you discover - did you observe whether your (10
work wae successful in its purposc? ----I only saw f rom the
train , travelling past . I didn't go to this place to go and
look. quite
Did you heer no explonlon?-- - - yes , we were ... close
to this when the explosion took place, bccnuse it took (15
Bome time to ignite the cordtex , ond once it was eet alight
it wee a matter of a few seconds, two or three minuteSt
then the report \'lent off .
Were you able to sce the explosion? ----I heard it ,
because 'fie were then nlnning away. ( 20
You had your back towards it?- ---Ycs •
Now you say you saw the train - when I asked
you whether your work vms succcssful in its purpose .
Whet do you menn when you aay you "sew the train"? ----I
said I could 8eo it from the train , r was travelling on(25
the train going past thiS spot, coming from home going to
Durban .
The same day7 ---The following day .
Whnt could you see from the train7----1 saw that
this one poot W~J snnrped clean off, it was hanging. (30
The train was ncverthelc:;s cble to run? ---They
were not all snapped , ~here are three posto , three were
snapped . I ••••
•
•
•
•
111, S. T. MOOnjwa .
snapped . The one was still hold i ng .
You say the r e we r e thr ee poa t s , t hree wer e sna pped one
end.was sti ll holding?----Ther e ere t hree upright s with
cr OBs- membe r s .
On each side? ----Only on the one s i de .
Oh.----And dynamite Vias only a t tached to two of t hese
upright s which we r e snapped , and a thir d one was s t ill
ho l di ng .
Why was it not att ached t o t he t hir d?---- We did
not have suffi cient dynami te .
And di d you , with regard to thi s pi ece of work
see if the r e Vias any report in the newspaper s?----I did
look .
(10
Anrl what was the result?---- I did no t see anyt hing .
~. REES: Did you take part in any furthe r acts after (15
that?----yco .
About when? ----I think - it was during the f irs t
two Vl0eks of December last year .
Yea? Whe r e was thRt? ----Botwoen Cliffdal e and
Hammarsda l e Stations .
Who were dir ectly involveo? ----It was myself ,
Bernard Nkoai , Mdhlalose, Zulu and Mey iVJ EI. .
(20
Ar e those the accused pe rsons whom you pOinted out
yestcr day?----yes .
Just tell the Court how t his act came about? How(25
was it or ganised ; what happened? ----We discussed this matter
with Bruno to say that this work that was done between
Ntshong\vcni and Cliffd31c wae not totally s uccessful.
We d~cidcd th~t something else had to be aone , and I hod
Hnmm3rsdalc in mind.
MILord , the witness will now , or is now , giving
evidence on COUNT 13. Carr yon , plcnse .----I said t o
Bruno/ ••••.
(JO
•
•
•
•
l:l2 . S. T. Mbanjwa :
Bruno that this work at Hammarsdale should be done with the
- by the Hemmarsdale section , because their homes were near
this place nnd they could within" short while get to their
homes. That was agreed upon . I made a report to Ronnie
Kesrils . He agr eed on those same lines . Vie decided to (5
do this work on a Sunday because Meyiwa and Zulu were working
in Pietermaritzburg. I spoke to Bruno, to arrange the
explosives to hand them to me on Saturday so that I could
take them with me when I was going home . At that time I
had targets in viev, between Cliff~ale and Hammarsdale . (10
I told l~osi to contact Zulu - to contact Mdhlalose to say
that we would meet at Zulu ' s home , in the early afternoon
on that Sunday . I wrote a letter to Meyiwa to inform
Zulu that the section would meet at his home on that Sunday
afternoon . On the Saturday before this Sunday Bruno (15
handed me a parcel at Lnkhani Chambers, at the office . It ,
was wrapped in a brown paper . I took this parcel w1th me to
my home . Ilhen I was at home by myself I undid this parcel
to see what the content s were . I noticed that it contained
about 20 sticka of dyne.mite • Five had holes through tho(20
centres as I expla ined earlier . The one had a safety fuse
attached to it . That was to a stick of dynamite in the
end, not through the middle.
tHillE , J . P . : With a hole in the end? --- - ycs . Other sticks
of dynamite had nothing done to them . There were rolls (25
of elastoplast, rolls of black jnsulRtion tape, two pairs
of light brown rubber gloves . There was a bottle believed
to contain qcid, the snme 3S I pOinted out yesterday.
MR. REES: A small bottle?----Yes . There were two or three
capsules the aame as I painted out to the Court yester- (30
d~y , ~ t ONo- cell torch. M'Lord what I omitted to say that
on the Saturday I had told Ilkosi to get some curry powder ,
or/ •..•.
,
•
•
•
•
113. S .T.Mbanjwa:
or pepper , to bring it with him on the Sunday , that we would
work with it .
How would you work Vlith it'? ----That was to sprinkle
or spread on the ground where we were working , to put off
the police dogs . On Sunday in the early afternoon I (5
took all these things with me and I went to Zulu's home .
When I arrived there all four of those that I have mentioned
were there . U~ went into the onc room next to a place like
a store . We Bat dovm _ I opened the parcel , showed them
the contents and explained every item. I aaid to them (10
that we would do this work in the evening because I have
a target 1n mind , between Hammarsdale Station ond Cliffdale .
We agreed to meet at tho crossing on the Railway line near
Webber ' s Store , between 6:00 end 7:00 o'clock. I told ,:._
that I wouln leave these articles there qnd they 9hould (15
bring them with them .
M.ILNE , J . P. : Leave them where? ---- A.t Zulu's home.
I then left them and went home . After 6:00 o'clock I took
an old cocoa tin . I went to this point where we had agree
to meet . When I arrived they had not arrived . A little (20
while later they arrived . We went to this spot where I
hod this target in view. We went past a pylon a few yards
away . I pOinted out this pylon that we were to blast , and
we got on top of the bank and sat down. Vie were looking
round whether there wasn ' t anyone nocrby or around . (25
I took tv/o pairs of rubb" p;loves from my pocket and I
handed the one pair to B~rnarJ W~osi . The rubber gloves
were in this p~roel , tbe par"el tlhlt they had brought Ivi th
them . After I ' d put thc glove. onto my h~nd I took out two
sticks of dynamite . (30
MILNE , J.P. : Could you tell me what the reason was for
the use of rubber gloves?----For fingerprints . The two
sticka/ •• •••
•
•
•
•
114 . S.T.Mbanjwa:
sticks Of dynamite thnt I took out \~ere those with the
holes in the middle . M' Lord, I don ' t remember whether I
mentioned that there wns cordtex in the parcel as well . I
took the long piece of cordtex with the piece of metal
attached to the end , the same as I described yesterday. (5
I threaded the cordtex into the one stick of dynamite up
to where this piece of metal was at the end of the cordtex,
then I tied it with insulation tope onto the stick of
dynamite . Then I took another three plain sticks of
dynamite, tied them on to this other stick of dynamite (10
with the cordtex , then I threaded it into the other stick
of dynamite with the hole in the middle . I put these
two sticks of dynamite about 15 inches apart. (INTERPRETER:
Indicates 15 inches, M' Lord . ) I attached another three
sticks of dynamite to this second stick that I had (15
threaded.
MILlIE , J . P. : You attache:! three sticks of rlyn"mite
through this •. . ?----With the one which I had threaded into
the cordtex.
How did you attach them?----The second stick (20
of dynamite with the hole in the middle , I thread the cord
tex through the hole, then I put the cordtex flush with
this stick of dynamite, tie it with insulation tape , then
I put the other three sticks of plain dynamite on top of
this stick of dynamite and tie them together with the (25
insu1ction t:lpe .
Not elsntoplast?----No, not tapc~ I was being
assisted by Nkosi in - with that work .
What , if ~nything , were the other people doing'?
---They were l ooking on and keeping guard . Keeping
observation whe r e the l i gbt ing was carrying OD, rmti nlso
watching what we were doing . All this was done while
wei .. . ..
(30
•
•
•
•
115 . S . T. llbanjwa:
we were sitting on top of the bank together. After all
this dynamite was then fixed up , we left the others and
went to the target .
MILNE , J . P. : You and who? ----And Bernard Nkosi. Tnking all
this parcel of explosives with us . I put the parcel (5
down on the one side of the rqilway line and I took the
dynamite that we OOd sway, tied together , \'lith me .
I crossed the railway line and went to this pylon , Thi s
pylon h'ls three uprights, - had three uprights on the· "' ",
where I put dOWD the pnrcel and t v .. o uprights on the side (1l"
to which I crossed over. but the third one toot I have
mentioncd on the one side is shorter than the others.
MILNE , J . P.: Thirc 3upport?----Yes, MILord.
Whllt Jo theSe pylons support? What do these
pylon supports support? ----There is a cross- member (15
e;oin(; from thE' one p~rlon to the onG on thG other sidp
of the raiJw~'y line on ,hich ronge the power line . I
·Nent back to the p'lrcr.l '\nd I fetched some elasto]11ast .
We then ettached these t 10 bundles of d"11.':'!.mi te to t:-. r
uprights of this pylon , (lnd tied it with el(lstoplsst . \<c
,;e pulled the cordtox through underneath the milway line
to the other side of the line , t he other side then I the
took-other three sticks of dynamite with the holes through
the middle and threaded them - threaded the cordtex throu~h
them . Measuring th~ distances between these three up- (25
rights of the pylons on the other side . These three
sticks of dynnmit~, cc.ch onc in turn I tied with insulati("\"
tape, '.Ii th ~('I""·-]+"";.,a to the stick of dym::.mi tc, then Rttnchinr
three p~ain stic:;:s of' '~',rn ~,ci te to e .... ch of the first t .... /O .
Tr.cn wh0n I came to thr third one at the end of the (30
cordtex I attached two plain sticko of 'lyn;·,mite , !lnd
a third one ,Jhich h£d a piEce of cordtex inserteoJ in the
end . / •.• ..
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•
•
116, S . T.MbBn jwa:
end .
MR . REBS: This third one that,You ~re speaking about
that had the piece of cordtex in , who had put that piece of
cordtcx in? ----As I have already said in eVidence, that
when I opened the parcel it already had the oafety fuse (5
in it .
Now is the r e c. difference between safety fuse and
cordtex?----(Mr . Rees adds) Or don't you know? ----I don 't
know .
MILNE , J . P .: What was the length of the safety fuse? (10
----About two feet as far as I remember .
Now this corctex , once it is properly alight , at
what rate does the fire travel along 1t?----It travel s fast,
but I den l t know how fnst , because when working ther e , onc e
it haB been ignited you don ' t see - look to see how fast (15
it travels becnuse we then move away . There ~re , this end
now one each of these three bundles of dynamite were
attached to each one of the three upriehts . While we were
tying theBe bundles of cyn~mite onto these upr ights a
person appeared walking "long the r3ilw(ly line . He came (20
fron the direction of Hammars~alc . walking towards Cliffdal e .
MR . REES: Was it a European , Bantu or an Indian?
It was a Bantu as far 86 I could see .
Ma l e or f emale?----A male person.
Carry on, please .----One of the others shouted ( 25
at us, I don' t know '.vho it waS t saying that there was a
person coming along . We then saw him because it was
moonlight . I ;JuGgl..stec1 to Bernard Nkoai that we stand
with our bocks towa. rds t "(, is person coming along so that he
could Dot see our faces .
MILNE , J . P. : Yes , now just before you go on , when you
brought the cordtex across the railway line Vias it lying
on/ .. ...
(30
•
•
•
•
i17 1
on top of the r ailway tracks7 ----~o . Underneath the railway
tracks .
How did you mnnage to get it unde r neath t he rail way
tracks? ----The r3ilway tracks are on sleepers . crOBB sleepers,
and VIe ecratched tbe ballast away , to make a hole, and (5
it is put through underneath the tracke .
Now you turned your backs because this men was
approRching ;you and Bernard l~osi turned your backs beoause
this man was appro~ching , ie that right?--- - yes .
yOB? - - --When this person crossed tbs co r dt s x (10
he stood, he looked at the cordtex, ~nd looked at us .
It ppeared as thougb he was going to speak , but be did not
speak . A few moments later he left and took a peth tbat
passcd where Meyiwa, Zulu and Mdhlalose were sitting .
On the top of the bank? - ---yes . This pereon (15
continued along this path , and we went on with our work .
You say where Zulu and Vlho were sitting ... ?--- -
Meyiwo and Mdhhlose . 'ile tied the dynamite onto the three
uprights with elastoplast and finiahed . I took this empty
cocoa tin tlli~t I had brought with me , I took a powder (20
from this parcel , I took n capsule, took a bottle of aCid,
took Borne cotton wool , und benzine, put it down on the
ground . Then I called the others, the othe r three to come
dovm and sec how I had attaohed thc dynsmite to these pylons .
They then cnffie down and watched . I then took the powdcr,(25
put it into the cocoa tin. I put the cocoa tin directly
under this fuse or cordtex t~,t was hanging down . The fuse
was fairly long so I put it into the tin . I attached this
fuse to the tin vor i th in::3Ulation tape BO that 1 t diu not reach
the buse of the tin , anc also sO tl", t the fuse would not (30
move . I spread uome oottonwool round this tin . I handed
the torch to one of the other s , I don't know w_ho , to give
mel . . •.•
•
•
•
•
10 ....
mc a light while I was J",tting the acid into the capsuee .
.1t thet time all of thorn v,rcre looking on to see what I was
~oing . I put the ~cid into tho capsule , closed it . I
threVi thc capsule into the eoooa tin containing the powder.
I took 'benzine, poured it over the cottonwool. I took t:,e (5
curry powder or pepper 3n(1. :Jpilt it ull round tho pylrm9 wheN
we were v-Ialking . Only on the side wherE: we were ,then I
not on the other side of the r~ilVl"y linc .
MIIJ:'E._l.. P . : Not vlhere the two upriGhts Vlerr. , but whero
thc three uprights wcrc? - --- Yes . We picked up everythil'g ( lO
thnt ',ve (';'ould see , that we hrt:] with us, and we went up
this little knoll , frau ',:!1ere we could see . About 20
minutes later I ElOW .;.i fire . At th~t S:lmG time c p8ssrnger
tra.in came from Cliffd:;:.le towards Hammar!':ld~tle . As the
trnin wes passing i-':; looked 19 though the fire went out , (15
:lnd a short while after thl triin ru:lc1 passed there was rm
explosion . Then V'G :11.1 :t''''n QViay . I wont to my home, ~r.d the
othcrG went to their rLZspcctivE homes.
MR. RllES : Did you make" r"port to 'lnybody? ---- I made a
report to Ronnie Kasrils, the one I always used to (20
report to .
Do you know ..... nything about a certain event '1t the
Um1azi bridge?---- I rccGived a r~port .
M' Lor], that will be COUNT 11. From whom?-·
Ronni~ 1::l.9 ..... i18 . (25
And in conseql'e-'teC of that report did you do any-
thing?-- - Yos .
Whnt di.:1 Y JU c' c':' - - -- J w~Jn::; '1nd saw the person
who - I saw this per~~ n t!'l."lt WS3 mentioned to me C"""1.nd-
qU83tioned him. ( 30
V/hnt Has th:lt -Dorson ' s position re1::::.tivc to yours?
----He wns n section lea"er under my pl~toon .
WhO/, ....
•
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•
•
119. p . T, Mbanjwa ,
Who w's the person?----Kisten .
V~ich Kist en is that? ----Accused No, 5.
And then whnt trnnspired?----The accused who i &
s tanding up , M' Lord.
Vfuat tr~nspired between you and Kiaten? ---- ( 5
I asked him whether the r eport I had received frem Ronnie
Kasrils , that he had blasted an electric standard , whcth'T
it vms true , and he admitted it .
MILNE , J . P. : What time of dny was that? ----It was on an
earl y afternoon, I don' t know what day it was, that I s"w(10
No . 5 accused .
V~er. did you sec him? ----Lakhani Chambera.
Did you describe this blasting to him? ---I just
asked him whether he " iei the blastint; a t Umlazi , and he
agreed that he did . I didn ' t question him any more. (15
MR. REES , And what part of Umlazi were you re ferring to?
----At the bridec .
MIU:E . J . P.: Did you wcntion the bridee. or did you Sia1'4Y
say the blasting at Umlazi? ----I mentioned the bridge.
What was his condition at tho time? ----M'Lord. i20
if your Lordship would just explain what is Meant by
Il condition"?
I ' m spcnkins: of Kist en , the '1ccused No. 5 . Who t
was his state at that ti"c . You say it was in the earlT
afternoon.----He w~s quite norm" l. nothing wr ong with ( 25
h1m.
MR . R::::ES: ~~ , Lord tr. ~Joxt evidenCE r elateo to COUNI' 1 2 j I
THE WITNESS STANDS DO',VI':
TilZ COURT TAKES THE SHORT ADJOUmrr:lE!1T.
ON HESUMPTION I,m. REES CliIlTINUES EXA"IrATION- IN- CHIEF O.P (30 , THE "IITllESS SOlilMOtl THEMllINKOSI &lBAHJWA:
•
MR./ •.••.
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•
120. S . T. M1Janjwa:
MR . REES: Would you have a look at this bottle, EXHIBIT
l 3(e) . M'Lord, it will be relevant to COUNT l3 .----Yes ,
I see it .
Can you tell the Court anything about that bottle ,
or a bottle that looks like thnt? - - --I used a similar ( 5
bottle at this pylon between Cliff'dale and Hammarsdale
to pour benzine onto the cottonwool .
Can you remember what happened to .the bottle?----I
don ' t remember , whether we took it or not , I don ' t remember .
We now proceed to COUNT_ 12, M' Lord . (10
MILNE , J . P . : May I just .:l.sk a question . Did I ask. you
whether you looked at the newspapers the day after you
went to the spot bct~een Cliffdale end Hammarsdule Station?
- - -- I was not asked . I did look at the paper .
Were. there any reports in the newspaper about (15
this? --- - I did not see anything in the newspapers .
Did you see an:,Jehing in the newspapers at all about
the Umlazi Eridgc? - - --I cun l t think that I did see anything
in the paper those days, because I had been fairly busy.
MR . REES : Did you rec eive Bny r eport about any happen- (20
ings at one K~jee's office?----yes .
About when? ----During the first two weeks of
December , last yenr .
From whom did you receive the report? ----Ronnie
Kasrils . (25
In conseQuence of this r eport what did you do? ---
It so happened that I m,~ t th9 p8r!30n who was mentioned to
me .
And who 'N~s the person t hat you mct? - - -- Accused
No . 1 , Ebrahim Ismail . (30
And what was his position relative to yours? ----
He was a section lender in my platoon .
When/ •• . •.
•
•
•
•
121. S. T. Mbe.njwa ,
When you ~et him on this occ8sion what was his
condition? ----He was normal . There was nothing wrong with
him.
What .transpire,' between you?----I asked him whet her
it was true , the r eport that I had received from Ronnie , (5
that he did t he work at Kajee ' 9 office . He admitted it.
What work wer~ you roferring to? ----Sabotage .
When he admitted it, did he do 90 f r eely and
volunta~ily , or did you force him or induce him to speak
to you? ----He did it freely and voluntarily . I just (10
questi oned him and he answered , because he was my section
leade r .
When ~/OU had spoken previously to Kisten about t he
ev ents at Umh~zi bri~e~, did he speak to you freely and
vo l unta r ily, or did you force him, or threaten him to (15
speck?----Hc spoke freely ond voluntarily . He was also a
section leade r under ~y platoon .
You told the Court earller that you your self
had been , or did serve at one stage , on the Regional
Commnnd?----yes .
How cJid it come about that you wr:r c nppointed
Regional Command? ----I was told by Ronnie Ke.srils that
had been appOinted to the negion~l Command .
"'3S thntt
( 20
Yes , and then? I'm sorry - about when
----- towards the end of ?brch , or the beginning
thi s year .
of Apri l 125
Just carry on? ----HI s~id I would be informed
when the first l"'!eeting would be .
Did he give you ',:my other instructions? 'Rhat,
fo r instance, ViaS to happen to your platoon?---- He {j0
nsked me to recommend ~nother suitable nan to take my
place , os pl atoon IcaJcr .
Did/ •.•••
•
•
•
•
122 •
Did you recommend 3nybody?--- - yes .
Who did you recommenu?- - --Ebrshim Ismail.
Well you got so far as saying that Kasrils told ,
you you woul d be informed when the first meeting would t ake
plaee~ ---Yes . I was informed by Bruno at the end of (5
Apr il that I should attend a meeting of the Regional
Command on the Tuesday o£ the following weck . I should So
to the Tollgate Bridge 8:00 o ' clock in the morning . On
that Tuesday I went to that bridge . When I arrived ther e
I saw Curnick Ndhlovu , one of the a ccused . He was
sitting down there . On the other side was Bruno Mtolo .
They were not together .
(10
Before this stage did you know the identity of the
members of the Regional Commund?- - --No .
Just ca rry on.-- - A short while after I had (15
arrived Ronni e Kaorils arrived . He went to Bruno, spoke to
him for a little while. A little while later Billy N3ir
arr ived , driving a van . We all got into the van.
Just pause a moment, please .
a look at the photoGr auh EXHIBIT ' AO(l) '.
MI~rn ! J . P.: I have no copy, have I?
MR. REES : I thought there VIas one M' Lord .
MILNE , J . P.: yes .----The von v/ith which Vie trave'1E'(l wss
similar to the one in photograph Exhibit ' AO(l) '.
MR . REES: Would you just have a look a t the
photogr aph ' AO(2) ' as well. - - -- (Mr. Rees adds) M'Lord,
I've unfortunately not Got more copies available . May
the one that I am llsire be shov/D to the defence .
' AO(2) ' I can ' t soe clcarly whether it is a van or not
because it faces directly towards me.
MILNE, J . P.: It has got a number on the numberplatej
may I take it you do not recugnise that number? ----I
don ' t/ • • •••
( 20
(25
(30
•
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•
•
123 . S . T. Mbanjwa:
don I t rem.ember what the number v~as .
MR . THIRIO!!: tI ' Lord , the accused request to s ee this
exhibit please .
MR . REES : M' Lord , may it be shown to them individually?
MILNE , J . P . : Is t his ' AO(l) I . a nd ' AO(2) ' ? (5
MR . REES, If you please, M' Lord .
MILNE , J . P . : Yes ,
MR . RllES: May I proceed M' Lord .
:Now/ •• 0 •••
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•
Solomon ~ . lo!banjlVlI .
. Y9U huvu told His LordePi~ that Billy Nair
ur ived in a van, similar to th~t shoWn on ' A.O.(l)'.
Just curry on from there? - - -- We all got into the van.
Billy Nair drovc thc van, Vie went to tho area of Reservoir
Hills . Thore Vias a small turn- off, a road. Th~ van "ms (5
parked there. lYe had a meeting there , sitting inside the
van .
Did you at that otage or any other stage find
out who this Regional Command were? ---- It was the first
time that I saw them there . (10
Could you t ell the Court who the members were
and what pOSition each one hel d? ---- Curnick Ndhlovu , he
was Rcgional High Commander . Nair ,vas the Secretary .
Is that Billy NC.ir, the accused? ---- Yes.
Bruno Mtolo , in charge of Techniccl Services and
~'1pplieD . Ronnie Kasrils, he we.o in charge of Platoon
Leaders , and direct contact with Section Leaders . I was
a recruiting officer for Military training .
Vfuere was this Military training supposed to
(15
take place? ---- Outside the Republic . I IVas never told (20
where they will go to .
What were the main subjects discussed at this
first meeting? It is not necessary to go into details.
Just give the main subjects? ---- We discussed the position
of sabotage . We decidcd not to commit anymore sabotage (25
because lie thought that too many peopl e would be arrested
under the 90 Days ' Detention Act . We discussed the
matter of finance . It was decided to ask the High
Command - it was discussed that tha High Command in
Johannesburg should send us £55 a month to get on with (30
the work because we had never rec(;ived this money since
they promised it. It was also discussed that the High
Command/ •.... .. .
•
•
•
•
" ~5 - .... c.. -
Command had promised a motor car t o carry out this work
end WQ had not r~c~ivcd this motor car . After that it
was decid!;;d that we would meet on the Wedn,,-"sday . We
woul d mect ~t the Tollgate Bridge at 8 o'clock in the
morning . (5
MI LNE. J .P.: The next d" y? ---- The following Vleek .
MR . REES: The Tollgato Bridge you ~re referring to is
in which town? In Durban . We went back to Durban
whcr(;! we separated . The ":lednesda y of' the foll o',nng \"'e~'
I went to the Tollga t c Bridge at that time . When I
arrived there , I found Bruno Mtolo already there ,
CUrnj ,,1 ~Tt1hlovu, Ronnie K,3,srils . A littl e while l ater
Billy Nair arrived with n van , similar to the one he
...... "'ri -.. ("" v,-;" th on the first occasion . Wn all got into this
(1 0
van ; we wont towards Howard Col l.:.!ge . BeforE:; we got th·.;re
we branched off on e. road Vii. th a bush on the on~ s': 10 . {16
pnrkcd the van nnd we ,."ent into th~ 'b"""', "'nd we had
n. ;'lotting th.::re . At th:i e - . ..,ct~nb Eilly Nair made a rl3port
.. hat tho High Commann had said thc.t they want six recruits
f(" .... ·l;t:f.I~y training . That was my duty. It was t1:1·:n (20
~ccided that the members of the Regional Command would
. ,~iDt Me to find four. And I was to look for two in
Pictcr=.ritzburg . It was then reported toot thoy want
tho six recruits and if they left , they should Get 0ff
at G, rmiston . (2 5
Who rept. .... tcd that? ---- Billy ND ·~r . The in-
dlluction was that Wi n they got off at G\.-rmiston ,
·1..DJ.br ella ').::1d one E'hould ca=i.f
this ::3lllnll umbrella , nnd th,_ t the person carrying the
.l ... ...,r~] 10. should open and close ~ t continco'.:sly, so that (30
~lC would b~ se.;n by thl.:;; person mt..<- "'lng th ... r. . It was
-.30 t'b n discu(!;sed to l ook for m,Jml'.:. '" 01 the
T-' ... _ _ .......... ; ':'~LI'", • ••• •
I
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- 126 -
Mkontowesizwe , The Sp~ar of the Nation , in Durban and .
thut thu Section l eaders should bo asked to ussist .
Then Ronny Kesrils made a report toot Kisten Wtl" no
longor r eliable because hG did not carry out many
dutios which he had promised to do and h. did not carry (5
out .
Which Kist"n is that? ---- Accused 110 . 5 .
Billy Nair would not agre~ because he said Kisten was
a brave man . Billy Nair said he was i n difficulti es
becFl.uslJ he was not empl oyed at the time and said that
that m~y be the reaSon why he didn't car ry out his
duties . Billy Nair said that ho had some members of
tho r.ncontowGsizwc at ClsirwQod . Hormie Kasrils had
suggested thut Kist.:Jn's p,looe should be taken by one Dan .
(10
I did not know this person . Because Billy Nair said (15
-that tl18ro wore already some members of the l'Ikontowesizwe
at Clairwood , that either Kist~n or Dnn shoulu b i: in
chargG of those members .
MI LNE , J . P .: Vlho suggested that Kistr;m or fun should
be in charge of them? ---- Ronny K:lsrils .
(THE COU!lJ' REQUESTS THE INTERPRETER TO S:;>EAK LOUDLY
ENOUGH FOR THE ACCUSED TO HEAR HIM) •
( 20
---- It was sugg~stcd that either Dan or Kisten
should be in chargG of ti:l(; recruits at Clairwood . That
was loft in th~ hands of Billy No.ir to arrang" it . It (25
was thon dGcio<vd that th0 members of the Regional
Command should not be selJn tuglJtlwr at Lakhani Chambers ,
bCCC.US0 they may be arrvst(Jo under tho 90 Days ' DE:tention
Act, and that '.Yu chould alw.:ys hidc , that we should re-
r.tnin an underground movemcnt , secret . \'/(; should comE: (30
cut , do some work and th~n hide but not como out together
et Lakhani Chambors .
Wha t/ ..... . .
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•
- 127 - Solomon T. 'i,fbc.njwa I
Who. t sort of work'? - - -- No "-lOrk had be~n
decided wha.t WI,.; ~ad to do, only decided that W0 should
hid!::, comL: out occ['.sionally; wc Bhouldn ' t be seen by
the police together at Lakhani Chambers . I'ie decidud to
have a meeting ,,-gain the following l"ledncsday and to meet ( 5
at tho Tollgate Bridge at 8 o ' clock in the morni'ng . On
that Wednesday I wont to Tol lgute . Vlhen I arrived
there I found Bruno r,l[tolo , Ronnie !Casrile I Curnick
lldhlovu . A short '.Ihile after I had ar rived , Billy Nair
arrived, driving tho same van . i7e ull got into thc van (10
and went to the same pl D.ce whore we had been tho previous
week . ;'lc did not GO into the bush but had a mceting
inside tho.:: van . ,7e discusst!d finance . We decided that
Billy ohould writ(; n. ll;tter to the High COlIlI!1a.nd in
Johnnncoburg to ask for money . H"" complained tha.t h<:.: (15
was writing 10tters but not getting :tny reply . Thore
was.:!. r",port by Bruno , Sc.yine th:'1t he had t ... :Q recruits , )
f ollo V'ling a dec i oi on of t he pruvi~us VlcIJk that six
recrui te rTcrc;: re:quir0d , and said thc.t ther..:: wns a
possibility of f i nding a third . Ronnie Knstrils
complained a.bout money hi,,; had lent to th~ lIigh Command -
to the RL..gional Command . That wns Rl50. 00 , which he
snid . That was to send away 15 rE::cruits in Pe;bruary ,
this year . Vlc didn I t have any money and w\:: couldn I t
(20
I give him any money . ric thun agreed to me0t agc.in on (2 5
the following Vlodnesday at the Tollgate Bridge at eight
o ' clock in the morning . I went to tho Tollgate Bridge
on the riednesduy . mum I ar rived th(;rl: I found Bruno ,
Curnicl{ Ndhlovu . A Ii ttle while latGcr Billy Nnir arrived
driving the van . We got into th8 van . Ylt;:; waited for (30
c. while: for Ronny Kasrils , who hud not arrived . He
arrived . We w(;nt in the directi on of Howa.rd College
ngni n/ .' ... .
•
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•
- 1~8 - SJIJIllUn T. Mbanjwa .
again but to another srot . We had a me"ting inside the
vun At that meeting. Ronny mad., a roport that some
petrol bombs w.:!r~ thl'OWIl at the train going to Kwa
Mashu , another section. By another section .
Another sLction other than what? ---- A (5
certain section had thrown petrol bombs at the train
going to Kwa Mashu ; on the north coast line near Kwa
Mllshu . Nothing was further suid about it .
MR . REZS, Did he indicate wh"n this had happened?
No . Nob<,dy asked him . It was discussed to get more
rnemb(:rs for the Mkontowesizwe in Durb3.n .
MIL1~ , J . P . : As recruits? --- - For the nccond time .
As recruits? - --- y~s .
Wh[' t '.I<''.C inti3ndcc t) b,] t3 onc wi th thorn?
(10
They '.:auld. b0come mGmbcrs of thl; Mkontol'h:sizwQ and (15
formGd into s(:}ctiol'ls .
For wh~'tt purpose? ---- To do thE) work of this
organisa tion, like sr~bot,'J.gc: .
I undt..:rstood you ~o Gly t.h ... 1.t about 2 or 3
weeks bufor~ it had been decid~d to do no morc s~botage?
---- Not that \'Ie had stopped completely . 118 were just (21
wni ting - we did nut know wh.:.t \7<:1.6 going to h3ppun vii th
the 90 Day Detention Act .
I don ' t undorst,~nd . Had you decid.::d to stop
doing acts of sllbotne;:~ two or three \'locks before , or had (25
you not? VIe had only docided to stop any acts of
sabotc.eL: for the tim!..! being , t o se..:: how th~ 90 Day
D0tention Act w(mt .
Vfuat do you mean by thnt - to sao how tho Act
went? ---- We thought th:...t if we went on with the
cabotage, .':'; lot of p..::oplo would be detained unde:r the
90 Days '.
(JO
What/ ••...
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•
- 129 - Solomon T. Mban jwa .
Vfuat did you decide to do? ---- We decided to
stop for a whilG,.
For how long? - --- No period was decided on .
And when you met on this occasion, when you
went in th0 direction of Hovr.ord College but you went to (5
a different place, you had a meeting in the van? Yes .
You were told about petrol bombs that were
thrown at a train that was going to Kwa Mashu? ---- Yes .
Ho" did that square with your intention not
to eommit any further acts of sabotage for the time (10
being? --- - It wasn 't discussed , on the decision , it was
t~ken et a previous meeting not to commit any sabotage
for the moment .
Docs that mean you were a l l surprised to hear
that ~n act of sabotage had been committed on thi s train?
It Wflan ' t discussed any further . To have referred 16
to the decision of the previous meeting . that no further
s"'!.botuge should t~kG place.
Well , if you had decided not to commi t any
further acts of sabotage for the time being , how is it (20
tho.t you werc not astonished to learn that these petrol
bombs had been thrown at the train going to Kwa Mashu?
He didn't mention any time when it was done . He
just said thet it had be ~n done . He didn ' t say when .
How is it that the reot of you were so in- (25
curious, not wanting to know when it had been done? ---
Probably wc made a mistake by not enquiring but nobody
did ask .'3.ny questions.
A mistake r0garding what? How can it be a
mistak.a? - - - - To question him as to when it happened ,
because it had been decided not to eommi t any further
acts of "~botage .
Do
II . . . .. .
•
•
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- 130 - Solomon T. Mbanjwa .
I don ' t understand why you weren't interested?
---- I c.mnot "o.y why it happened, it just happened .
MR . REES: You huvl.! already indicated that Ronnie made
e roport about the bombs thrown on the train . M'Lord ,
that IV'lll refer to COUNT 26 . What el se was discussed (5
at this meeting? ---- I then said that we should make
all efforts to get more recruits for the Mkontoweeizwe .
Thcn Ronnie produced a list of names which he had obtain-
ad from on~ of th~ other scction leaders. I did not
know" single person whose name appeared on this list. (10
It was decided to contact that section leader - Ronnie
to contact the section lender to find out whether these
w~r;.. suitablt: pIJople .
Can you rom~mber who the section leader was?
His namo l'lUEi not mentioned . Bruno complained t that he wns short of money to buy matoria13 . He wanted
money to buy materiuls .
For what purpose? ---- For sabotage purposes "/
~!,r"I.=1~NE!.:·,,!,--,J~.c=:P . : Vias it then decided to resum~ sabotago?
(15
---- I understood that he wanted to start collecting (20
m~t-orials. To get a supply . Ronnie told me to contact
th~ section at Hammarsdale . He instructed me to contact
the 3cction leaders at Hammarsdal e , to have a lookout
f'or goods trains.
r~R. REES: I think the wi tncss used the words ! to
observe goods treins ' ? ---- To observe goodstrains
where Molotov bombs could be used . We decided to
meet "6ain on the follOwing Wednesday at the same place
(25
n. t 8 0 ' clock in the morning . Befor\; the "t'/cdncsday, I
r~c0ivcd a report ~rom Billy Nair that the van was out (30
of ordel' nnd I mU3t not go to the meeting place .
You told the Court that Kasrils had instruct-
ed/ ••..•••
•
•
•
- 131 - Solomon T. Mbanjwa .
od you to inform thc Hummarsdale section to observe
goodstrains? ---- Yes .
What , if anything , did you do in consequence
of that instruction? ---- I told Nkosi to observe goods-
trains . (5
MILNE , J . P.: In what sense w~s he to observe the trains?
What was the point of looking a t a goodstrain? ---- To
Bee what time the trains pass and whero a suitable place
would be to throw theBe bomba on to the trnins so that
they would not be seen by anyone •
I don I t understand . A:re you suggesting that
goodstrains run to e regular timetable? ---- Yes , they
almost run to a time schedule because there arc passenger
trains in between the goodstraine .
Do you mea.n that he was to obscrv'",: goodstraina
(10
over a period of days to see whethor they ran at a (16
particular time of dny? ---- Just for ~ matter of two
or three days and to choose n convenient time where this
~vork could bo done , and they rrrn away to got to thC:!ir
homes and not be seen by anyone .
What work? ---- To throw those bombs on to
the train when it passes at a particular spot .
On to the train? ---- Yes, on to the goods-
train .
(20
What type of bombs? ---- They were called (25
Molotov bombs .
Do you know anything about them? ---- No .
MR. REES : Car ryon? ---- Then on that day when we
wcr~ supposed to haVe the meeting , I was t ld by Billy
that the van was not available and I must not go to the (30
meeting place . On the following 'ilednesday when I wa.sn I t
expeoting them , Billy found me in Licence Road. In the
van/ ... . .. .
•
•
,.
•
- 132 - Solomon T. Mbanjwa .
ven was also Ronnie and Bruno . I also enterod the van .
They told me that we should have a meeting of the
Regional Command . Vie trted to get hold of Curnick, but
we could not find him . We went up towards Howard
College . We had a meeting inside the van . A report
was made by Ronnie in the van that the Section Leader
of Kwa Mashu had a target in vieVi . This they had under
observation for Bome time .
II'Lord, this evidence will refer to COUNT 27.
(S
---- That target was a railway Signal box • They wanted (10
to know whether that signal - that Section Loader would
be able to proceed to destroy that Signal box . They
wanted the sanction of the Regional Command ; we agreed
that they should proceed . Bruno said that th~ High
Command wanted us to hire 9~v~n persons in Natal , full (15
----jime . We told him we had no money; we could not do
so until we had money .
What were the eev~n full time persons to do?
I just thought - I wasn ' t told - that the",e persons
were •.. (Tho Court intervcnDs) .
MIL~ J .P .: Nevermind whet you thought, unless Counsel
asks you .
MR . REES: You have told tho Court that you were on the
Regional Command in the capacity es recruiter for
military training? ---- Yes .
In connection \vi th your "lctivi ticl:;) as such
a recruiter , did you at any stage receive any money to
further your activities? ---- Only when I w:J.ntcd money .
r From whom uid you receive money when you
wanted it? ---- Whon tho first lot went away in February,
th~s ha~_t:..o:....:m::e=-b"y~R::o::.n=m=· ::.e~K=a::.s::.r~ils .
How much? ---- About R1SO . 00 .
Howl . . . .. .. .
(20
(2S
I I
I I
•
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- 133 - Solomon T. 14ban j ''''' .
How many people did you send away?
Flfteen . ------::--~:-.:--How many different groups of recruits did you
scnd away? In' Lord, may I rephrase the t?
In tho sending away of about how many groups\ (5
of per sons for military training overseas , were you
concerned? (The Court intervenes) .
MILNE , J. P .: He di d not say overseas .
the Republic' .
He said 'not in
•
l tIR . REES: I am sorry, MI Lord . Not in the Republic? ---
Four .
Who was involved in supplying 'tho finance
for the sccond batch? ---- Curnick Ndhlovu .
And the third batch? ---- CUI~ck Ndhlovu .
And the l ast batch? ---- Billy Nair .
MILNE , J .P .: Vlere these four batches all despatched to
~rmi8ton? ---- The first lot went with me up to
Germiaton . Johannesburg, not Germ1ston . The second
(ll
(15
supposed to get off a t Germiston;
The fourth one was
they were a c companied f \(21
and third got off at Germiston.
by Bruno Mtolo .
Who went with the second and third lots? --- .
They went alone .
Who bought their tickets? I did.
Did they go by mil? ---- Yes . 25
Did all four gr oups go by r'lil? ---- Yea .
MR . REES: You bought tickets for all four groups?
I was 3upposed to pick them up a t variouB places -Durban , Pietcrmaritzburg and Charlestown. I l eft money
in Durban , at Pietermaritzburg nnd I bought the t1~kets (30
at Cho.rl~9town .
Who bought the tickots in Durban? ---- I left
monay/ ••••.••.•.•
•
•
•
•
- 134 - Solomon T. Mbanjwa .
money uith Curnick Ndhlovu t o hand it to Bruno Mtol o .
MILNE , J .P . : You don ' t know who bought the tickets at ~ Durban? I wasn ' t pres ent .
And not on any of tho four occasions with
regard to peopl e boarding the train in Durban? - --- (5
The second , third and fourth occasion I WaS present be
caUSe I bought the tickets .
In Durban? - - - - Yes .
On the second occasion, how many r ecruits
wore sent from Durban? ---- Five .
And on the third occasion , how many from
Durban? The third occasion there were e ight that
l eft Durban . They didn ' t only como from Durban , but
from surrounding areas .
(10
You bought tickets for eight in Durban? ---- (15
Yes .
And on the fourth oc casion , how many men
left Durban? ---- Ten .
And you bought ticke ts for t en in Durban?
Yos , I did myself .
Did you buy these ten tickcts all at the
sume time? ---- The last batch that left; at a quarter
past two I bought six tickets at one time :end they left
at that time . Half past six I bought four tickets at
(20
one time . (25
What time did the trnin lcavu? I haven ' t
understood why you bought six tickets at 2.15 a nd not
ten tickets? ---- There is a tra.in at n quarter past
two .
For J ohannesburg? --- - Yos , for Johannesburg . (30
And ther e WC'..G cnothcr tr,':'l.in at ho.lf past six?
- --- Yes .
1IiR . REES:/ •.. ..•
• - l3~ - Solomon T. Mbanjwa,
MR . REES: Did you, whilst you were [L platoon commander
or section commander, tell anybody what the objects of
Mkontil'lesizVla were? ---- (Mr . Thirion intervenes) .
MR . THIHION: M' Lord , there are two 'lucstions rolled in
ona there - 'while you were section commanded and (5
platoon commander '. Could we have that separated?
MILNE , J . P . : Would you mind separating them , Mr . Rees?
MR . REES: Whilst you were a platoon commanded , did you
also act as Section Commander of the Hemmarsdalc Section?
Yes . (10
4IJ During that period , did you explain to anybody
•
•
what the objects of Mkontowesizwe wore? ---- Yes .
To whom? Meywa and Zulu .
When was that with reference to the wirc-
cutting incident you spoke about? ---- Beforo that. (15
MILNE , J . P .: Th~ wire- cutting incident came after? ----
Yes .
MR . REES : What did you explain to them? --- - I said that
the nIkontowesizwe was a wing - c military wing of the (
to fight the Government (20 A.N . C. The object of this was
by me~ns of violence .
MILNE , J . P.: What does A. N. C. stand for? ---- African
National Congress . I told them that this is an organi
sation th~t works underground , secretly , cnd thnt they
should preserv<l sccrecy. Not to tclk to anyone who is (25
not a member and known to them .
MR . REES: How many demonstrations did you give ell in
all to the members of th~ Hommnsdalc.: s..:.Jct i on? - --- Twice ,
excluding the dey at tho pylon .
Did you subse'luently point out to the police (30
places where these demonstrations had been hold? ---- Yes •
To Sergeant Grobler? - - - - Yes .
Did/ ••... . .
•
•
•
•
- 136 - Solomon T. 1!bamjwll .
Did you also point out to him the plllce at
New Gennany where the pylon was blovm? ---- Y~6 .
And the placce on th.) r a ilway line wher e you
and Bruno had fixed the dynamite? ---- Which place?
There ar e two?
The one where Bruno and you fixed the dynamite
on the night when it waG raining? ---- Yes , I pOinted
that place out .
And the place where you fixed the dyn,uni t e
YIi. th the Hammarsdal e section? ---- Yes .
Would you have a look at Exhibit 3l(g)(2) .
M' Lord , I -,viII deseri be. it if he rccogni :3es it . DOlls
that powder which you arc now ;Jhown mean anything to
you?
used .
It is similn.r to some of the powder that I
,,:ILNE , J . P . : Is this Exhibit 3l(g)(2) the bottl.,
standing about 3t i nches hiSh? ---- Yes .
It is abou t a quarte r filled with some pale
yellowish looking powder? ---- I don ' t know .
(5
(10
(15
About a ~uarter filled, woul d you say? ---- (20
Yes .
And is it a pale powder inside? --- - Yes, a
ydlowiBh powder M' Lord .
MR . REES: M'Lord , may the wi tneas be allowed to open it
and smell it?
MILNE , J.P . : Yes .
smells thv contento) .
(Th~ witness ope-ns the bottle: and
Hav(; you smelt it? ---- Y(;s .
Docs it help you to determine what it is?
This is what I r~f~rrcd to as Isibabula.
,JR . REES: Will you have a look at Exhibit 3l(g)(3)?
Does Your Lord ship 'lIish to Be ... Exhibit 31(g)(2)?
( 25
(30
MILNE , J.P. ; .. . .
•
•
•
•
- 137 - Solomon T. Mban jwa,
MILNE , J . P . : No . Tho assessors may wish to see it •
I see at close quarters that it is rather
loss than a quarter filled with this powder .
MR . REES: I show you Exhibit 3l(g)(3) . Will you remove
tho cork and have a look at the contents of that small (5
bottl e? ---- This is similar to Isibiba .
MILNE , J .P . : This is a considerably smaller bo t tle , of
the same type and what does it contain - a f l uid or a
powder? ---- It is a powder .
You hav e smelt it? ---- Yes .
What do you say it is? ---- This is what I
used , what I referred to as Isibi ba . It is s i milar .
MR . REES : I show you a photograph • • • (The Oourt inter
venes) .
(10
MILNE t J . P .: Just one ~oment , Mr . Reee . This bottle - (15
let the wi tnees have it for a moment , please . This
bot tlc - Exhibit 31(g)(3) contains a substance which is
not as powdery as the lant exhibit and it is very dark .
---- Yes .
And there is not a very large quantity left (20
in it? ---- y~s .
MR . REES: I show you a photogr aph - Exhibit ' A(p) D) '.
--- - Yes .
Can you say who the person is who appears on
that photograph? - - -- Bafana Duma . (25
Ca n you tell the Cour t what 'M.K.' stands for?
--- As far as I know it is Mkontowesizvle .
And the term ' The Spear of the Nation ' ? ---
That is also Mkontowesizw0 .
I show you Exhibit 28(0) . Can you say uny- Do
thing about that carton or a similar carton ? - --- (Mr .
Rees adds) .
}{ave/ •....... .
•
•
•
- l.38 - Solomon T . Mbanjwa .
Have you seen such a carton at any time? ---
I don ' t remember .
I show you Exhibit 43(a) (1) . Vlhat does that
look like? It is similar to dynamite . It looks
like dynamite . (5
I shari you Exhibit 43(a)(2) - it looks like
a piece of string with a piece of metal on the one end .
What does that look like? This piece of metal at
the end is similar to th~ motal I described which was
put at the end of the cortex , and the cord is similar (10
to cortex.
I show you Exhibit 43(a)(3) - a piece of
materilll that looks somewhat like a piece of string .
Can you tell the Court wh~t that l ooks liks? ---- I
only saw a cord like this once which I thought was a (15
saf.:;ty :fuse .
Where did you see such cord? ---- Where wu
us~d it betwecn Hammarsdale and Cliffdals.
I want to taka your mind back to some of the
~vi~enc~ you gave yest~rdny . You described how aftor (20
- how the preparations were mad~ at G~orgc Naicker ' 8
ga~.ge with dynamite , etc . ? Yes .
And you told the Court that you and Nair and
Kasrils you l eft together ofter thi s thing had been
completed . I s that correct? ---- Thl2!re: YWr0 four of us (25
when we"left . Bruno , Ronnie , Billy and I left .
Do you know where Billy Nair left the car or
whure hG left your company , or did you leave before he
had left? ---- As far as I can remember, w~ all left at
the same time . (30
MILNE , J .P . : Who l eft the motor car first? ---- We left
__ vnth one motor car as far as I can remember .
Who/ .... ... . . .
•
•
•
•
- 139 - Solomon r . Mbanjwa ,
','{ho got out of the motor car first? ---- It
happened a long time ago . I can't remember who got into
th0 car nnd who got out of' the car first .
Who was the driver, do you remember?
Ronnie .
MR . REES: Vfuere did you disperse, where did you get out?
- - -- In Durban . I don 't remember at which road or
street .
THE WI TNESS STANDS DOWN .
THE COURT TAKES THE LONG ADJOURNMENT .
ON RESUllPTI ON/ •••••
(5
(10
•
•
•
•
140 .
S . T. Mbanjwa:
ON RESUMPTION AT 2:15 P. M.:
MR. REES: M' Lord , I have completed my examination-in- chief .
SOLOMON THEMBINKOSI MBANJWA: (Still under former oath. )
CROSS- EXAMINED BY MR. THIRION:
You say you don ' t know the difference between a (5
safety fuse and cordtex?----I explained that at the time
when I wns doing certain work I was using certain articles .
I think you said you didn't know the difference
between safety fuse and cordtex.---- (Court intervenes)
MILNE , J . P. : (Inaudible) • •. term, if I remember . He (10
seems to drJ.w a distinction between safety fuse and cordtex .
He referred to one piece of safety fuse meaning that it was
something different .
MR . THIRION: That is so , but I have got a note here , which
I made this morning : "I doni t know the difference (15
between safety fuse and cordtex . 1I Now this morning you
came out with the term "safety fuse"?----Yes .
And you used the English term , "Safety Fuse l' ?----
Yes .
When did you get to know this term "safety fuse"?(20
----When Bruno handed me a parcel of explosives , when we
were going to work between Cliffdale and Hammarsdale ,
He handed you this particular parcel at Lakhani
Chambers?----yes .
And where did you open it?----At my home . (25
How did you get to know the term "safety fuse"
then?----I asked him whether there was a stick of dynamite
with the cordtex attached, so he told me that there was
one with a safety fuse .
That was not the thing that was used on this (30
occasion at New Germany?----When I was watching , the day
when George Naicker cut off - when we were at George
Naicker t s/, , •••
•
•
•
•
S.T.Mbanjwa :
Naicker1s, when Bruno was cutting three short pieces,
attaching the small pieces of metal tubing and putting it
into the dynamite .
Did he cut three long pieces and three short
pieces on that occ8sion?----yes .
Did he cut it from the same roll?----As far as
I know he cut it from the one roll.
For what reason should you be doubtful as to
(5
whether it wa s cut from one roll, or from two different
rolls? --- - l am not doubtful . I say he cut it from one ~011(10
because there wa s only one roll .
So you are sure that he cut it from one roll?---
I no" (.) ..... 9sid tha t I SBII, two rolls.
AT\~ ... .., ........ .f' +hese short pieces was att·oq "he d to (15
a piece of dynamite and was hanging down into this firing
mcchanis~ at the pylon?----Yes.
And is the idea then when the flame is produced
b.l tl. "c id and powder, then this piece of cordtex is fired ,
nd -;1' -, fi r eD t he whole charge?---- I will say that (20
' s ~he position: I have never r emaine d there to watch .
. ~;~~ is set I get a way .
Yes, bu+ -·,"s it explained to you by Mtolo tha t
t h is thing works in tha t manne r'?---- Yes, toot is how
he 9"'''' '' 0::> . h n '" l,.... - .... 1 _ .. " .... ..=1 .... v..,l "' ; "eo O that the fire (25
i gnit es t :1is C'1 r " ''J.ngi~ dovin and then it explodes .
But I Lav e never i·,' .... t c hcd i t.
I u"d~"3~"nd th"t a f l al'le wouldn ' t ignite the
c o=d"te "<. I t r,")eds a f us'" - -- I onl y say "l'ha t I know .
That mny be the kLowledge of counsel .
But i f that i s so then that pylon shouldn't have
been blown up? If the position that I am putting to you
18/ •....
(30
•
•
•
•
1 42 . S. T. Mbanjwa l
is correct? ----As far as I know this cord that hangs down
into this powder , if it is ignited there is an explosion .
Didn't you only learn this term "safety fuse "
Since the adjournment yesterday?----From who?
I ' m asking you . Did you, or didn ' t you?---- (5
I didn ' t hear it yesterday.
MILNE . J . P. : When did you first hear the term "safety
fuse"? - - - When I spoke to Bruno at Lakhani Chambers, and
he told me that there was a safety fuse.
MR . THIRION: Why did he mention to you there specifical- (lO
l y about safety fuse? - - --Because I asked him whether
there was a stick of dynamite with the cord, attached to
it, from the end.
Why did you ask him thnt?---I wanted to know
because I had never inserted the fuse at the end of (15
dynamite , and I thought that I may not be able to do so.
What fuse?----The cord , the cord that hangs down
from the dynamite .
Vlhy did he have to tell you that it was a safety
fuse and not cordtex?----He has a better knowledge to (20
know the difference between these things . He was my
instructor .
Did you then ask him Vlhat is a safety fuse?-- -
I did not ask him. He just mentioned that it wus a safety
fuse and I remembered thot . (25
What did you think vms a safety fuse?----I just
had in my mind that it r~st be the thing that is inserted
in the powder which draws the fire to the dynamite , oauses
tho explosion .
When did you first becone aware that there werc(30 II attempts at sabotage going on in this country?- ---1962 . ~
Wasn ' t the first attempt made on the 16th of
December/ .. . . . ..
•
•
•
•
143.
S . T. Mbanjwa :
December, 1961?----1 did not hear about it , and I did not
see it .
Don't you read your papers regularly?----1f I
have a paper ,I have one l if I haven't , I haven't .
In any case • • • • (Court intervenes)
~IU{E ! J . P. : You do not read the paper every day? ---
No .
MR . THIRION : When in 1962 did you hear fo r the first time
that sabotage attempts were being made?----I do not
remember the time . (10
The date?----I saw about the first attempt before
I was a member of this organisation.
MILNE . J . P. : Can you remember approximately the month when
you first heard of sabotage attenpts in this country? I
don ' t mean only in Natal . Anywhere in the country.---- (15
MILord, it is not easy to remember the day , the date and
the nonth , for anything thut you hear about and you had
nothing to do with it .
When did you first join this association?---
During the second half of last year .
And can you say how long before that it was that
you first heard o~ attempts at sabctage?---I would estimate
it at about two months .
MR . TH1RION: When you heard about these sabotage attempts,
what did you reel about them? Did you agree with the (25
principle , policy?----I had tnken no notice of it .
But didn ' t you realise already when you heard of
these attempts that they were aimed at the government of
this country?----No one had told me that it was directed
at the government . (30
Didn ' t you know what the object of these sabotage
attempts was?----I did not know until I became a member of
thisl •• • • •
•
•
•
•
S.T. Mbanjwa :
this organisation •
At the time, that is in the earl y part of 1962,
were you the secr etary of a Trade Union?----yes .
What is the nerne of this trade union?----
African Tea and Coffee Wo rker s ' Un i on .
And was it affiliated with the South African
Congr ess of Trade Unions?----Yea , it was under that .
(5
And this Congress of Trade Unions is anti- govern-
ment?----yee , I know that . a
And as sec r etary you must have taken.pro~inent (10
part in the activities of your union? ----Yes . Everything
t hat I had to do .
And was it a l so while you were secretary of this
trade union that you got to know accused Nos .l, 4 , 5
and 6?---- (Court intervenes)
MILNE , J . P . : That is Ebrahim Ismail, Billy Nair,
Kisten moons amy cnd Geo rge Naicker.----I got to know
Kiston after that .
MR . THIRION : But the other ••• (Court intervenes)
(15
MILNE , J . P .: After what?----I got to knOVl Kisten , No . 6 (20
accused , after the othe r three •.• (Court intervenes)
MIL;'E , J . P . : NO . 5.----No . 5, hl ' Lor d .
the othe r three .
After I got to know
1m. THIRION: When did you get to know the other three?
----Billy I knew before 1962 .
1i.nd the other two?----Gcorgc Naickct' I km w
before 1962 . I think I got to know Ebrahim , 110 . 1 accused ,
during 1961.
And did you aleo get t o know No.8 during that
time?----I think I got to know him during 1961.
Is he a l so the secretary of the South African
Railways and Harbours Workers' Union? ----When he got to
the I . . ...
(25
00
•
•
•
the office he was not a secretor y . He only became a
secret ar y afterwards .
MILNE , J . P • • Is this No , 8? Ar e you putting it to the
witness that wben he fi r st got to know No . 8 accused , No .
B accused was the secretar y of the South African Railways ( S
nnd Ha.rbours Workers ' Union'?
MR . THIRION. No , M' Lord . Pe r haps I put two questions in
one . He got to know him during 1962.
MILNE, J . P. . 1961 .
MR . THIRION . 1961. And about that time he was secretary (10
of the South African Railways and Harbour s Workers ' Union .
MILNE, J . P. • When you first got to know Curnick , was he
then the secretary of the South African Railways and
Harbours Workers ' Union?----He was not the secretary when
I first met him . (15
MR . THIRION . When did he become the secretary?----Sometime
later; I do not remeober which year it wes .
During 1960 - I put it to you - you were active in
politics'? You were add ressing meetings'? ----Yes .
And you were a regular reader at that time of (20
the Il NEW AGE"'? ----yes , I was reading it .
And that is a paper which has since been banned
becauee of its anti-governnent policy'?--- - yes .
Is it then correct to say that you were taking an
active and a keen interest in politicB? ----yes ~
Yet you had no inkling of what the purpose of
these explosions w:!s? --- - Olle would not have any knowledge
without having 1:e en told .
In 1961 were you not violently anti- government?
-----In what way?
Outspoken in your views against the government?
----I was outspoken in my views, but I neve r took par t in
anything/ •••••
(25
(30
Collection Number: AD1901
SOUTH AFRICAN INSTITUTE OF RACE RELATIONS, Security trials Court Records 1958-1978
PUBUSHER: Publisher- Historical Papers , University of the Witwatersrand LoostlOfl· Johannesburg C>201 2
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