2249

Kenya and an end to fighting, so that the people may once more resume their normal life....

You hand in that document ? — I do. The next document is a roneod document, Dr. Naickers

speech, Exh. C.520. It is Exh. E.455, the same as Exh. C.520.(5 We rely on it to the same extent. Yov hand in that document ? — I do.

The next document is Exh. E.473. It is a bulletin of the S.A. Peace Council, Series 2 No. 1, dated May 1955. It is already in as Exh. A.257., C.116, Then the last docu- (1 ment under this column is E.474, a roneod letter headed the Transvaal PeaceCo^ncil, the name typed in is the Rev. D.C.

Thompson, chairman of the Transvaal Peace Council. It is an Undated document. I am only reading paragraphs 3 and 4 -

The Transvaal Natal and Cape Town Peace Councils have (15 launched a nation-wide campaign to 15rge ov-r government to support negotiations and "bring the Korean war to an end. We are running a national "ballot to give South Africans an opportunity of stating their opinion on this

vital question. We vrge your organisation most earnestly (2( to endorse the enclosed resolution on peace, or to pass a similar resolution, to send a copy to the Prime Minister, and to return the endorsed resolution to the Secretary, Tvl. Peace Council...so that we may j^dge the success of this campaign...." (2

You hand in this document ? — I do. That concludes the "E" exhibits on list No, 10A. I now

pass to list No. 10B. Yo^ have before yo™ Exhibit E.441 ? — Yea.

E.453 ? — Yes. (30 E.456 ? — Yes. E.466 ? — Yes.

2250

E.465 ? — Yes. E.466 ? — Yes. E.467 ? — Yes. E.489 ?- Yes. E.490 ?-- Yes. E.493 ? — Yes. E.494 ?-- Yes. E.495 ? — Yes. E.497 ? — Yes. E.498 ? — Yes. E. 500 ? — Yes. E. 501 ? — Yes. E.505 ? — Yes. E.507 ? — Yes. E.510 ? — Yes. E.5H ? — Yes. E.513 ? — Yes. E.523 ?- Yes. E.524 ? — Yes. E.525 ? — Yes. E. 526 ? — Yes. E.529 ? — Yes. E.531 ? — Yes.

Now, these documents that yov have j^st referred to, where did yo11 find these ? — At the offices of the S.A, Peace Council, Somerset Ho"se, 110 Eox Street, Johannesburg, on the 28th September, 1955.

That is on the same date and the same place as yo^ found the other documents ? — That is so.

To which yo11 have already testified ? — Yes. Now,I hand in Exh. E.441. Now, E.453, Milords, on

previous occasions when documents referred to in column 2 of

2251

Schedule 2, the Peace Council were handed in, they were done so "by arrangement with the Defence, and the portions referred to.... BY MR. FISCHER; Milords, if my learned friend wo^ld leave this over and deal with the other lists — we have not had (5 an opportunity of checking this one, we have checked the column 3 documents.... BY MR. JUSTICE RuMPFF:Is that list IOC? BY MR. FISCHER: Yes, Milord. EXAMINATION BY MR. TRENGROVE CONTD.; You have before yo^ Exh.(lO E.286 ? — Yes. BY MR. FISCHER: Milords, we consent to this going in. I understand my learned friend has agreed to let E.313 .... "b t save for that we consent to the whole .... BY MR. JUSTICE R'^MPFF: You have got exhibits before yo^, ( 1 5

all marked E, with various numbers ? — Yes.

Were they foi:ind at the same place and the same time ? — Yes.

Name the documents and hand them in.... (20

EXAMINATION BY MR. TRENGROVE CONTD: The documents are E.286 ? — Yes.

E, 287 ? Yes. E. 291 ? Yes. E. 297 ? Yes. E. 311 ? Yes. E. 312 9 Yes. E. 324 9 Yes. E. 355 9 Yes. E. 347 9 Yes. E. 349 9 Yes, E. 353 9 Yes. E. 354 9 Yes.

2252

E. 364 ? Yes. E. 373 ? Yes. E. 384 ? Yes. E. 400 ? Yes. E. 401 9 Yes. E. 402 9 Yes. E. 403 ? Yes. E. 404 ? Yes. E. 405 ? Yes. E. 406 9 Yes. E. 407 9 Yes. E. 440 9 Yes, E. 450 9 Yes. E. 452 ? Yes. E. 455 ? Yes. E. 462 9 Yes. E. 471 9 Yes. E. 475 ? Yes. E. 483 ? Yes. E. 516 ? Yes. E. 517 ? Yes. In respect of that document, Milords, I must just

draw Yo"r Lordships attention to the fact that that docu-ment is mentioned at page 137 of the policy schedule. E.518 ? — Yes.

E.519 ? — Yes. E. 520 ? — Yes. E. 521 ? — Yes. E.528 ? — Yes. E.439 ? — Yes. E.459 ? — Yes. E.460 ? — Yes.

2253

Milords, in respect of these documents, there is an agreement between the Defence and the Crown that the infor-mation set forth on list No. IOC, in respect of documents, and of portions of the documents set forth on list No, IOC, will "be typed into the record and be regarded as having (5 "been read,

BY MR. JUSTICE RUMPFF: Have you read o^t all the documents appearing on list IOC ? BY MR. TRENGROVE:Yes. BY MR. JUSTICE RUMPPF: All the documents as far as this wit- (l< ness is concerned ? BY MR. TRENGROVE: On IOC, yes. I don't think I omitted any documents, except 313. There are a few other Accused in res-pect of whom this witness will "be handing in documents seized at Kliptown. I don't know how long my learned friend (15 BY MR. FISCHER: The tea interval wo^ld he sufficient for ua to consider the 10B list, b"t I Understand some other docu-ments are to he handed in through this witness. My learned friend can proceed with them in the meantime. BY MR. TRENGROVE: The other documents are not in Co"rt. (20 BY MR. JUS ICE RUMPFF: We will give yo^ an extra quarter of an ho -r to have a look at this list and you can have yo17r tea adjournment. COURT ADJ0URNS:

THE DOCUMENTS LISTED ON LIST 10(C) ARE AS FOLLOWS: (25 E.286: Letter from the General Secretary, World Council of Peace, Prague, signed by Jean Lafitte, addressed to the South African Peace Committee, on page 2 of which the following names appear: The African National Congress. The African National Congress Yo^th League, Mr. Y.A. (30 Cachalia, the Transvaal Indian Youth Congress, Mr. T.N, Nayidi, the Transvaal Council of Non-European Trade uniones;

2254

Inter-denomination churches of So^th Africa; Mr. Cecil Williams; The Students Liberal Association; Dr. F.W. Fox; Reverend Balxau." E.287: A letter from the Secretariat of the World Council of Peace, Prague, signed by Jean Laffitte, to the South (5 African Peace Council, dated October, 8th, 1953, reading -

Dear Friends, As you know, at its last meeting in Vienna, the Bureau of the World Council of Peace de-cided to call ameeting of the Council during November. As we pointed out in ov-r letter of September 17th, (10 this decision was inspired by the need to speed Up and develop — in view of the ever-present danger of war — the campaign launched at the last session of the Council, to demand of the Governments the peaceful settlement of all international issues. (15 It is therefore desirable that this important meeting of the Council be linked up as from now with the activities of oi:ir current campaign. Farther, we want prominent people and representative organisations from

all countries to take part as g"ests so that the meet- (20 ing may have the strongest possible effect. We enclose a list of people whom we think could be invited from your country.ra They have on various occasions shown their desire to work for the pt-acef11! settlement of international issues. We wo1Jld be grateful if you (25 would give u s yo^r point of view on oUr suggestions together with any new proposals. This would give u s a

better idea of the people and organisations most likely to attend this session. Wo"Id yo15 be so kind as to give u s y 0u r reply by October 30th at the latest, so (30 that we may send o"t the invitations in good time. The attendance at the Council Session of a delegation

2255

from you-r country will certainly pose financial prob-lems for your movement. The more so — as we would point out — since yo"u will have to "bear the travelling expenses of the members of the World Council and the prominent guests. B^t we nevertheless feel that you

co^ld raise the f^nds necessary by good political pre-paration resulting in a whole number of activities. In conclusion, we would like to say how interested we are in the development of yo^r current campaign and the steps yo13 intend to take to aid the success of the Council meeting. We wish yov every success in your work,"

E.291: A letter from the Secretariat of the World Council of Peace, signed by Jean Laffittee as General Secretary, to the South African Peace Council, dated October 26th, 1953, The document reads as follows -

Dear Friends, as you know from our recent telegram, the World Council of Peace will hold its next meeting in Vienna from November 23rd to 28th. We are enclosing the statement issued by Professor Joliot-CUrie abo^t the meeting. The final agenda for the session will be drawn "p by the Council itself at its opening session. However, we wo^ld like to draw your attention to the important questions raised in the statement as these will, in the main, form the basis of o^r discissions. We think that these questions should be borne in mind during the preparations for the Council Meeting. Farther, we want prominent people and organisations from all countries who have on various occasions shown their desire to work for the peaceful settlement of (. international issues, to take part as guests so that the meeting may have the strongest possible effect.

2256

Concerning yo^r country, we propose to invite the personalities and organisations on the list which yo11

will find enclosed. Nevertheless, we shall "be glad if you will also examine this question and if yo^ find it necessary to let ps have, if possible, by telegram any (5 new proposals yov may like to make. In conclusion, we would like to say how interested we are in the develop-ment of yo^r current campaign and the steps ycv intend to take to aid the success of the Council meeting. We wish yov every success in yovr work." (10

E.297: Letter dated 10th December, 1953, from the World Council of Peace, Prague, to the Transvaal Peace Council, which reads as follows -

Dear Friends, the meeting of the World Council of Peace which took place in Vienna from November 23rd-28th (15 brought out the first results of the world campaign for negotiation and agreement and stressed the broad support given by the most diverse circles to the aim of this campaign. The speeches made by the representa-tives of the various countries and the exchange of (20 information during the discission showed that everywhere the campaign is developing around clearly defined objec-tives and on issues the content of which was specified in the general resolution. The current international situation and the rapid development of events make the (25 necessity of finding a solution to these problems ever more obvious. On the other hand, public feeling in fav-our of a meeting of the Five Great Powers has hardened still farther during the recent period. These facts led the World Council to propose a meeting to all who want (30 an easing of international tension. This proposal is in the form of a message to personalities and organisa-

2257

tions and is discussed in the accompanying letter. The work accomplishedin all countries in the course of the current campaign has dene m13-ch to enlighten the public on the possibility of an easing of international tension. It is therefore apparent that the campaign must( everywhere be intensified. Its breadth and its influence are the essential conditions for the preparation and success of the great meeting proposed by the World Coun-cil '»

E.311: A letter from the Secretariat of the World Council of ( Peace, dated January 19th, 1954, to the So^th AfricanPeace Council, of which the last paragraph on page 2 reads -

We are still hoping to receive farther information on your AUg"ust Congress, especially the resolutions and the list of personalities elected to the leadership (1 of the Scuth African Peace Council — Presiding Committee. Secretariat, Executive Council, National Council...."

E.312: A letter from the General Secretary, World Peace Council Prague, dated 29 /l/l954, to the S.A. Peace Council, of which paragraphs 1, 2 <,n page 3 read - (20

The development of So^th Africa's resources, the expan-sion of its commercial relations with all countries and the elimination of the policy of racial discrimination are closely bo^nd Up with the relaxation of international tension. This being so, it is of importance for the (25 preparation of the International Meeting and also, we believe, possible to obtain declarations in favour of the World Council's proposal, from public figures out-side the Movement who represent various points of view,

and more especially religions and pacifist circles. (30 While it is tr 'e that the development of your "Africa for Peace" campaign can farther yo^r preparations for

2258

the meeting, we nevertheless consider it necessary to obtain s^ch declarations immediately,..,.."

E. 324: A letter from the General Secretary, World Peace Council, Prague, dated 19th January, 1954, to the Sovth African Peace Council re the fifth anniversary of the (5

foundation of the World Peace Movement in April 1949. E.335: A letter from the Secretary, South African Peace Council, to the Secretary World Peace Council, Vienna, dated 19th May, 1954, reading as follows :

Dear Friend, This letter serves to introduce Ruth (10 First who has been appointed by the South African Peace Council Executive to represent the South African Peace Movement at the extraordinary meeting of the World Peace Council and at the forthcoming International Peace Meeting. Ruth First is a foundation member of (15 the Peace Movement in So^th Africa and was the first secretary of the original Transvaal Peace Council. She is at present a member of the So1Jth African Peace Council Executive and also of the Secretariat. She is in a position to provide yo1'- with f^ll information (20 on the present position of the Sonth African Peace Move-ment. We hope that you will give her all possible assistance...."

E,347 : A letter from the Secretariat of the World Council of Peace, Vienna, dated J^ne 29th,, 1954, to the So^th (25

African Peace Council, and the sixth paragraph on page 2 reads -

As far as the question of security is concerned, the World Council protested against the policy of military blocs in Europe, Asia, America and in the near and (30 Middle East. In order to preserve the security of the peoples, it is important that military pacts leading

2259

I -

to the division of the world and endangering the independence and sovereignty of nations should he stopped. In Europe, the rejection of E.D.C, and the resumption of negotiations between the Great Powers, in order to each a peaceful solution of the German problem.(5 In Asia, the conclusion of a cease-fire in Indo:.China and the peaceful settlement of the Korean and Indo-Chinese conflicts. The rejection of regional and bi-lateral military pacts in America, in Africa and in the Near and Middle East. In Africa, the actions taken against( military pacts, against foreign bases and troops, and the exploitation of natural resources for war aims, con-tribute to the defence of the common interests of the countries of this continent, which are menaced by the

repression of national emancipation movements (15 E. j53: A letter from the General Secretary of the World Peace Council, Vienna, dated 20th J^ly, 1954, to the South African Peace Council, announcing a meeting of the B^rea11 of the World Peace Council in Vienna, in September, 1954, and re-questing a detailed report of the So -th African Peace Council(20 activities since January 1954.

E.349? A letter from the General Secretary of the World Peace Council, Vienna, dated 10th J^ne, 1954, to the So^th African Peace Council, announcing and supporting the formation of a Provisional Committee to restore Paul Robeson's passport," (25 and stating that Pa11! Robeson was a member of the World Peace Council. E.354: A message dated 21st July, 1954, from the Secretariat of the World Peace Council to the Vietnam Committee for the defence of World Peace. (30 E.364: Letter General Secretary of the World Peace Council Vienna, dated 8/10/1954, to the So"th African Peace Council,

2260

enclosing document "Recommendations on Problems of Organisation."

E.373: A letter from the Acting Secretary, So^th African Peace Council, dated 5th November, 1953, to the World Peace Council, of which paragraphs 2 and 3 read - (5

It will Unfortunately not be possible to send anyone from South Africa to the Vienna meeting. Our recent Congress involved heavy financial commitments, and as a result we have no funds available at the present time for overseas travel. We are, however, endeav- (10 oaring to arrange for Mr. W.M. Sis11!11, the Secretary-General of the African National Congress, who is at present in Europe, to attend the meeting. We have not yet been able to contact him, but as soon as we have done so, we will notify you of his position." (15

E.384: A letter from the Secretariat of the South African Peace Council, dated 26th November, 1954, to the Secretariat, World Peace Council, Vienna, the fifth paragraph reading as follows -

We have discussed the document on organisation and as (20 a result we have prepared a docUmenx" adapting it to our conditions. This document together with a policy statement is to be issued next week and copies will be sent to you. We feel that o^r greatest weakness at the moment is the abs nee of peace organisations at (25 local levels and we are therefore embarking on a cam-paign to build peace circles. This campaign is to be

connected in the first instance with the work on German Re-armament and then with the Congress of Peoples pre-parations,. ... " (30

2261

E.400: The Journal of the World Assembly for Peace, Helsinki, No. 8, dated 30th J^ne, 1955, containing reports on the World Assembly for Peace at Helsinki in June 1955, and ^nder the heading "Statement of the Commission on National Sovereignty and Peace," on page 7, there is a paragraph headed B. Prob- (5 lems of the Colonial Countries, which reads as follows :

After having heard the gro^p of delegates express their views on the problems facing the colonial countries, the Commission adooted the conclusions of this broad

discission, Considering that the vse of force, which (10 threatens the sovereignty of the peoples, and colonial military adventures which increase the oppression of the dependent peoples and create conditions leading to war, constitute a grave danger to world peace; Citing the Charter of the united Nations, which guarantees the (15 rights of men and the rights of peoples to decide their own affairs, and noting that many countries are deprived of this right, the S^o-Commission considers it the d^ty of the V/orld Assembly for Peace to reaffirm these prin-ciples and to call on all countries to respect them; (20 Considering farther, that "he denial of these principles, in many countries, is a threat to peace - We declare that peace can only be strengthened - (1) by halting all military operations and repressive measures against peoples hoping for peace, independence and freedom - (25 particularly in Africa and in Asia; (2) by removing all military bases which have been established in colonial countries without respect for their will or their security; (3) by removing all artificial divisions of countries which have been established against the (30 will of their peoples, s^ch as Goa, West Irian, Togoland, etc. (4) by eliminating all racial discrimination, (e.g„

2262

So^tli Africa.): (5) by halting all economic and cul-tural domination, as well as the systematic foreign immigration that aims at forcing back the original inhabitants into subordinate positions. The policy

of violence practised against colonial countries cannot (5 solve the probl ms raised by the emancipation of these peoples. In the interest of peace, the Commission pro-poses that the World Assembly for Peace should invite

all countries concerned to abandon all policies of vio-lence in order to seek by negotiation a solution to all (10 disputes. The proclamation of the Panchashila, the Five Peace Principles, by Prime Ministers Nehru and Chou Sn-lai which were supported by the conference of Asian countries at New Delhi in April of this year, and the Ten Principles adopted by the Conference at Bandung,(15 applicable to all countries of Asia and Africa, consti-tute an outstanding contribution for peace, whose sig-nificance has been hailed all over the world and which has shown the way to the peace and security of Asia and Africa." ( 2 0

E.4-01: Is the Journal of World Assembly for Peace, Helsinki, No. 8, dated 30th June, 1955, containing reports on the World Assembly for Peace at Helsinki in JU-ne, 1955. E.402; Is the Journal of the World Assembly for Peace, Hel-sinki, No. 6, dated 28th June, 1°55, containing reports on (£ the World Assembly for Peace at Helsinki in June, 1955. E.403: Is the Journal of the World Assembly for Peace, Hel-sinki, No. 5, dated 27th JU-ne, 1955, containing reports on the World Assembly for Peace at Helsinki in JUne, 1955. E.404: Is the Journal of the World Assembly for Peace, (30 Helsinki, No. 4, dated 26th June, 1955, containing reports

2263

on the World Assembly for Peace at Helsinki in June, 1955. 5,405• Is the Journal of the World Assembly for Peace, Helsinki No. 3, dated 25th J^ne, 1955, containing reports on the World Assembly for Peace at Helsinki in J^ne, 1955« E.406: Is the Journal of the World Assembly for Peace, Hel- (5 sinki No. 2, dated 24th Ju-ne, 1955, containing reports on the World Assembly for Peace at Helsinki in J"^ne, 1955. E.407' Is the Journal of the World Assembly for Peace, Hel-sinki, No. 1, dated 23rd J^ne, 1955, containing reports on the World Assembly for Peace at Helsinki in June, 1955. (10

E.440:Information bulletin published by the Secretariat of the World Peace Council, No. 12, July, 1954, and on page 7, under the heading "South African Peace Council stimulates national campaign for the vse of Uranism for peaceful pUr-

(1 c poses," the following appears - v J

Enlighten the people: 30,000 leaflets entitled "We want to live" were distributed at street corners, from house to hoU-se, at bus stops, at meetings and from tables placed in the streets. Large numbers were distributed (20 by branches of the Peace Council, and also by branches of the So^th African Indian Congress, the African National Congress, the So^th African Congress of Democrats and the Council of Non-European Trade Unions. Over 4,000 letters which included the Dean (25 of Canterbury's speech, World Church Leaders' Easter Messages, Professor Bleksley's Press Statement and the Peace Council's leaflet, were sent out to scientific, political and religions organisations and to n%ero us personalities from all walks of life. Telegrams were (30 sent to a number ofLaboUr and united Party M.P.'s and at least two of them raised the question of a meeting of the Great Powers to ban the bomb in a debate on

2264

foreign affairs. Meetings and Conferences: Two large public meetings were held in Durban on the question of weapons of mass destruction. The Transvaal Peace Council organised a symposium which was addressed by Professor Belksley, (5 Professor Gilmar and Ri:ith First. Well-attended meet-ings were also held in Alexandra Township. Resolutions for the banning of atomic and thermonuclear weapons were passed by the Students' Representative Council of the University of /itwatersrand, the Transvaal Indian Youth (1C Congress, the South African Congress of Democrats, a Conference of the Transvaal Festival Youth Workers, branches of the African National Congress, various trade Union branches, and the Niional Conference of Women which was recently held in Johannesburg. ^

A Folder: A Folder has been published putting forward questions which the public are invited to answer. It says: 'War has been moving towards vs for the past few years. Steadily, but increasingly, So^th Africa is being drawn into the heart of a possible new world war.(20 There is war in Africa today... destroying h^man life, human values, homes and families...What we know of war, and what we have learned about Kenya, shows u s that. Nearer still, in o^r own country, on o^r own doorsteps, as it were, is the mining cf Uranism for the making of (25 atom bombs. The centre of our industry and our most populous area — Witwatersrand — bas become through its production of u r a nju m, a direct target for bomb attacks on a mass scale. It is not enough for u s to hate war, and to recognise its evils. We must also act(30 together against war...There is no problem that cannot be settled by negotiation.1

2265

And a programme: The South African Peace Council calls on all peace-loving South Africans to support these policies: (l) Negotiations between the Big Powers to settle their disputes peacefully. (2) The inclusion

of China as essential in establishing lasting world (5 peace. (3) A pact of peace between the Big Pive Powers (4) An end now to the destructive colonial wars in Malaya, Viet-Nam and Kenya. (5) No incorporation of new territories into South Africa against the wish of the inhabitants. (6) The production of uranj_um f o r (io atomic power for p e a c e f u l purposes. (7) Friendship between the peoples of different countries. It con-tinues: "If you are in favour of this programme, put a cross opposite each of the points and send this form to yo15r Peace Committee. (15

E.450? Speech delivered to the World Council of Peace, Vienna Session, November, 1953, H y a EhrenbUrg, published by the World Peace Council. E,452: Petrc Nenni: "Speech delivered to the World Council of Peace, Vienna Session, November 1953, published by the (20 World Peace Council. E.455: Information Bulletin published by the Secretariat of the World Peace Council, No. 18, September, 1954. E.462: Booklet, "What is the World Council of Peace," 1949-.954, published by the Secretariat of the World Peace (25 Council, in which the following appears :

Pages 2 and 3: Origins of the World Council of Peace. The World Council is the outcome ofa World Peace Move-ment thatbegan five years ago. For from the 20th to 25th April, 1949, simultaneously in Paris and Prague (30 there took place for the first time in history a World Peace Congres s attended by delegates from every continent.

2266 The arrangements for this gathering were completed in eight weeks. Such a success, achieved in so "brief a space, is explained by the extraordinary enthusiasm evoked in every c 13ntry by the appeal for the convening of the i Congress. A great hope was kindled in millions of (5 hearts. As soon as the Congress was made known, men

and women everywhere wanted to contribute to the great enterprise. Every day, more and more organisations gave their support: eventually they totalled 11,000. The 2,200 delegates from 72 countries who came to the (10 first Congress together represented one quarter of the population of the Earth. The Congress called on those who work for Peace in every country to organise themselves into Committees for the Defence of Peace. It elected a World Committee to co-ordinate their efforts. Nine- (15 teen months later, from the 16th to 22nd November, 1950, a second Congress was held in Warsaw. The work carried out following the preceding Congress met with a univer-sal response in a first campaign, which called for the banning of atomic weapons. This activity was developed (20 farther in the course of great popular discussions asso-ciated with the preparation of the second World Peace Congress. Thanks to such work, National Peace Movements came into being or grew stronger in many countries; numerous organisations and many well-known individuals (25 declared their support for peaceful aims. ThU-s new opportunities appeared for still greater collaboration among all the forces working for Peace and the Congress decided to establish a body which could assure them a

permanent possibility of meeting and acting for Peace. (30 With this end in view, it founded the World Council of Peace

2267

Page 8, "The Work of the World Council of Peace -The World Council has solid support in every country in the world. It is "based, firstly, on wide national movements for Peace in 71 countries. Farther, it is in constant contact with organisations and leading figures (5 in 17 other countries. In the international field, the World Council maintains contact with many organisations and individuals. B^t the World Council is not only an organ of liaison and co-ordination between Movements and Organisations which, like itself, are devoted to (10 the defence of Peace. It is also a promoter of activi-ties and enterprises that reach the most varied sections

of public opinion "

E.471; A roneod document "Professor J.D. Bernal (Great Britain) Speech delivered at the Vienna Session of the (15 World Peace Council, in November 1953. (112 copies.) E.475 : A printed pamphlet published by the Secretariat of the World Peace Council entitled "A great danger threatens the Peoples — the Nato Council has decided to use atomic weapons." (20 E.483? "The Atom Bomb and the Hydrogen Bomb." documentation; Same documents on the Atomic and Hydrogen Bombs, published by the Secretariat of the World Peace Council, E.516; Booklet, "Mankind must choose; what the atomic war plans mean to yo^," by Professor E.H.S, Burhop, published(25 by the Secretariat of the World Peace Council. E.517: Booklet, "National Independence and Peace," (Extracts

from speeches) published by the Secretariat of the World Peace Council, 1955. On page 17, under the heading "Problems (30 of the Colonial Countries, appears the following -

2268

.....Considering farther that the denial of these principles, in many countries, is a threat to peace, the S^h-Commission declares thatpeace can only he strengthened: (1) hy halting all military operations and repressive measures against the colonial peoples (5 who desire peace, independence and freedom — particularly in Africa and Asia; (2) hy removing all military "bases which have been established in colonial countries against their will and to the detriment of their security; (3) by removing all artificial divisions of countries estab- (l lished against the will of the peoples, such as Goa, West Irian, Togoland, etc,} (4) by eliminating all racial discrimination (e.g. So^th Africa); (5) by ending all economic and cultural domination, as well as systematic foreign immigration aimed at forcing the (15

original inhabitants into subordinate positions. E.518? "European Security and the German Problem" (Extracts from speeches) published by the Secretariat of the World Peace Council, 1955.

E.519? "Asian Security" (Extracts from speeches) published (20 by the Secretariat of the World PeaceCouncil, 1955, E.520: "Co-existence and action of the Forces of Peace," (Extracts from speeches) published by the Secretariat of the World Peace Council, 1955. E.521: "Disarmament and Atomic Weapons" (Extracts from (25 speeches) published by the Secretariat of the World Peace Council, 1955. E.528: Information Bulletin "World Campaign for Negotiation" published by the Secretariat of the World Peace Council, No, 2, September 1953, and Under "the heading "Referendum on (30 Negotiations in the union of South Africa," on the front page, the following appears -

2269

The negotiations campaign is taking the form of a referendum in South Africa. The Peace Movement is circulating several questionnaires one of which asks -Do you think that the Government of South Africa should interfere in favour of negotiations between the Great (5 Powers in order that they might settle their differences peacefully? The union of Scuth Africa Peace Congress which took place on AugUSt 22nd and 23rd in Johannesburg decided to extend to all the Union provinces this refer-endum which had been hitherto confined to the Transvaal (10 There were delegates at this Congress from Natal, Cape Province, Basutoland, Swaziland and theTransvaal. A number of them had been delegated by important organisa-tions such as the African National Congress, the Natal Indian Congress, the African Independent Churches, the (15 Natal Landowners and the South African Labour Party, the

trade uniones, etc On the back of the first page, unaer the heading "Session of the Soviet Peace Committee -

An enlarged session of the Soviet Peace Committee was (20 held in Moscow on August 31st, with the participation of representatives of the Peace Committees of the Republics and Regions and delegates from the main social organisa-tions. The agenda included the examination of "The Results of the Session of the World Council of Peace (25 and the tasks before the Peace Committee in the USSR." After theopening speech if Ilya Shrenburg, the President of the Committee, the writer Nicolai Tikhonov presented the report which was submitted for discission. After many speeches, including those of the Secretary of the (30 Soviet TUC, Soloviev, the film producer, Gerassimov, the composer, Shostakovich, the writer, Polevoi, Mrs. Popova

2270

and Metropolitan Nicolai, the Committee decided to convene in December a Soviet Peace Conference. The session also passed a resolution giving its support to the decisions taken by the World Council in Budapest which says: "Given goodwill, means can be found for (5 settling controversial questions." The resolution then went on to refer to the Soviet people's desire to see the Korean problem settled "peacefully, fairly and rapidly" and expressed its f'll agreement with the proposals of the Soviet Government concerning the r)eace-(lO fu-l settlement of the German problem. The resolution also expresseditself in favour of the restoration of China's rights in the ^nited Nations and advocates the develop-ment of economic and cultural relations between the peoples. The resolution concluded: "Possessing all (15 Modern military techniques, the Soviet People has never threatened and does not threaten anyone; as always, they strongly insist "pon rapid conclusion of agreements, on a big reduction in armaments and Up 0 n the prohibition of the "se of atomic, bacteriological and other weapons (20 of mass destruction."

E.439 World Federation of Democratic Yoi:ith Information Service, Budapest, a booklet, issued in Budapest, dated 15th June, 1954.

E.439, Press Communique, dated Budapest, 22nd june, 1954, (25 from the World Federation of Democratic Yo"th. E.459i Booklet of the Women's International Democratic Federa-tion, Bulletin No. 15, dated 28th J^ne, 1954. E.460: Womens International Democratic Federation, Special Information Bulletin No. 16, dated 7th August, 1954. (End of documents listed in IOC)

2271

COURT RESUM5S: BY MR. FISCHER: The list 10B is agreed to with one reserva-tion. We Understood that these lists were to prove possession only. My learned friend, some of the paragraphs refer to context — if I may put it in such a way. If in future my (5 learned friend would just rely on possession it wo^ld make it easier for 11 s 4 o in the case of more than possession.... BY MR. JUSTICE RUMPFF: It will have to be read. t BY MR. FISCHER: As Ycur Lordship pleases: BY MR. TRENGROVE: Does the Court r^le we rely on possession(10 by reason of contents, the contents sometimes for oi;,r purpose sufficiently appears from the title of the document itself; in other cases, the possession of a document having a particu-lar content in a particular portion of the document is rele-vant for oUr purposes. Now, do I U n d e r s t a n d that in this (15 case it will not be necessary to read the contents, where we rely on it....., BY MR. FISCHER: If my learned friend can read the contents; it is not very much, but I gather it is relied on in three or four cases. (20 BY MR. JUSTICE R°MPFF:

Yes, then you had better read what you intended to read according to the list. BY MR. TRENGROVE: Yes, Milord, it is in four documents. EXAMINATION BY MR. TRENGROVE CONTD.: Now, Sergeant K r U g e r ,

yo1J have alrea^r said that the documents set forth in list (25 10B were also found at the premises, the offices of the S.A. Peace Council, together with all the other documents to which you testified ? — That is so.

Now, the first document, E.441, "Democratic German Report," Vol. 3, No. 13, dated june 25th, 1954, has already (30 been handed in. The next document, E.453, is a Chinese Youth Bulletin, No. 2 of 1954, published by the All-China

2272

Federation of Democratic Youth, Peking, China, and on page 1 "Salute the Yoi;ith Fighting for National Independence," I read the first paragraph in column 1 -

I am a young technician working in the Anshan Iron and Steel Company. On theoccasion of the International(5 Day of Solidarity with Yo^th Fighting Colonialism, I wish to say a few words, .....

Then page 1, column 2 -

Liberation has o ened infinite opportunities f- r "s (10 yo^ng people. In 1951, as soon as I was graduated, the Peoples Government offered me a very good job - work in Anshan. The next year great construction projects were set on foot in this steel centre, and I was charged with the task of installing the turbine blowers (15 for the No. 7 and No, 8 automatic blast furnaces. In the past, the imperialists made a secret of the technique, involved in this part of the work. As a result, when the first turbine blower arrived

BY MR. JUSTICE RUMPFF: Now, what have we got to do with those(20 >

turbines BY MR. TRENGROVE: Milords, the next sentence says -

As a result, when the first turbine blower arrived from the Soviet U ni o n > We could not handle the complicated machine. It was only after the Soviet experts had tire- (25 lessly and selflessly taught 71s all the necessary tech-niques that we finally managed the job. Through o^rown effotts, we completed our work ahead cf schedule, mean-while ensuring the best q u a l i t y , and overfulfilled our quota for 1953, the first year of our country's first (30 Five Year Plan.

Then he continues, after omitting the next paragraph -

2273

Pacts have proved that as liberated people, we are able to b"ild a strong and prosperous country. Pacts will sorely show that once they become the masters of their own destiny, any people in the world, with their own creative labour, will prove capable of turning (5

their homeland into a happy garden. In celebrating the International Day of Solidarity with Yo^th Fighting Colonialism, I want to greet o"r young friends of colonial countries who are fighting for national independence and freedom, and wish them ever greater victories intheir (10

struggle. Let all the oppressed peoples, once and for all, shake off the enslavement and exploitation of colonialism, that their labour may bring forth good fr^it, not for the interest of the magnates, but for the good of the millions of common people...." (1

Then on page 2, there is an article dealing.... a similar article, and I only quote from "Yo^th in Their Struggle against Colonialism," in column 2, of page 2.

Recalling the past and contrasting it with the present, I could not help thinkings "B"t for the Chinese (20

Communist Party and Chairman Mao Tse-tinng who have led "s in defeating imperialism and the misrule of the domestic reactionaries, how co^ld we have become what we are today? How could oi:1r labour have been (25 respected?" And I think of the millions upon millions of people living under the yoke of colonialism. Are they not honest, industrious people? Why can't they enjoy happiness and freedom? I sincerely sympathise with them. Por before the liberation, I myself had (30 experienced the same sufferings. I wish them the same

2274

happy life as we are leading now. I am convinced that their righteous struggle against imperialism, for

freedom and national independence will win, just as we Chinese people have won in o^r own struggle. In 1952, as a member of the Chinese Trade union Delegation, I (5 had the honour of attending the May Day celebrations in the Soviet ^nion. There I saw a society completely free from oppression and exploitation, where all nationali-ties enjoy a vary happy life and where everybody works selflessly for a still more brilliant future. Today (10 our country has started her planned economic construc-tion. People throughout the country are striving con-fidently for her steady transition to Socialism. I will st^dy hard to prepare myself for the great cause of our motherland, in the believe that every achievement (15 in our peaceful labour will be a blow to the imperiali sts and a support to the oppressed people and youth in their struggle against colonialism...."

And then on page 2, column 2 -

In China's countryside, one may often hear the term (20 'fanshen' (standing on one's feet for liberation.) What a world of significance it conveys I Led by the Communist Party of China, o^r people have overthrown the criminal ri;ile of imperialism and its lackey Chiang Zai-shek and established their own state power. In the (25 r^ral areas, the great land reform has smashed the fetters of feudalism which had held the peasants in bondage for centuries. With the overthrow of the land-lord class, the peasants have stood on their feet. The liberation marked a turning point in their life — from (30 enslavement to freedom, from darkness to light, from cold and hunger to a life of plenty, from sorrow to happiness.

2275

And then, Milords, While celebrating the International Day of Solidarity with Yo^th Fighting Colonialism, we are deeply concerned abo^t o1Jr yo1;ing brothers and sisters in the colonial and dependent countries. We, the people and you-th of China, (5 have a profound feeling for the oppressed peoples, for we ourselves have experienced the same sufferings and have traversed the same road of bitter struggle. In old China where imperialism, feudalism and bureaucratic capitalism held sway, democracy and freedom was unknown (10 and patriotism was outlawed by the rulers. Hu ng S r and poverty marked the precarious state of our existence at that time. For most of us students, graduation from school held nothing b^t un3mpi0yment. ^nwilling to toler-ate this slave-like life any longer, we rose in united (l[ action against it. under the leadership of the Communist Party of China and together with the people of the whole country, we fought Unswervingly against foreign imperial-ists and domestic reactionaries for national independence and liberation. Chinese students, Upholding the glorious ( tradition of May Fourth Movement, played an active part in the struggle to resist Japanese aggression. After VJ-Day we joined the bitter struggle against the vicious ru-le of the American Imperialists and their lackey Chiang Kai-shek, and contributed to the caWse of o^r own peoples(25

liberation " You hand in this document ? — I do.

E.456. Soviet unions, 2nd September, 1953, published by the Press Department of the Soviet Embassy in London ? — Yes.

E.463, is a Democratic German Report, Vol. 4, No. 13, (30 dated 24th J^ne, 1955, ? — Yes, I hand that in.

E.465, bulletin of Czechoslovak Yo"th, No. 2, Fbr^ary

2276

1954 ? — Yes, I hand that in. E.466, bulletin, Cezchoslovak Yo"th, No. 3 March, 1954

? — Yes, I hand that in.

E.467, bulletin, Czechoslovak Yo^th, No. 4, and dated April, 1954, and No. 5 dated May, 1954 ? — Yes, I hand that (5

BY MR. JUSTICE RUMPFF: Why don't y o u now refer to the docu-

ments you want to quote from, and then you hand in these

exhibits in accordance with this list. BY MR. TRENGROVE: Yes, that will save a lot of time. (10 The other exhibit, Milords, is Exh. E.501. It is a booklet "Three Years of Planning in the Czechoslovak Peoples Demo-cracy," published Prague, in 1949. It is the report of the Minister-Chairman of the State Planning Office, regarding fulfilment of the Two-Year Plan and of the Five-Year Plan (15 during the first half of 1949. On the last page, page 60, the document states -

We shall continue therefore Unhesitatingly and with the greatest enthusiasm, to follow this well-proven path, Under the wise and farseeing leadership of the first (20 worker of o1Jr Republic, President Klement Gottwald. We shall continue along this road to socialism in the clear knowledge that in this, the Stalin epoch of human evolution, the Czech and Slovak people under the leader-ship of the working class which is today the mana.ger in (25 this country and the deliberate agent of its history, are contributing through the Wilding of socialism

towards strengthening the world camp of peace, progress, and democracy led by the Soviet union and the great teacher of humanity, Stalin. (30

The next Milords, is E.507. It is a document "Speech to the Congress of Front Rank Collective Farmers, and it is published

2277

by the publishing ho^se of the Romanian Institute for

cultural relations with foreign countries. The speech

is alleged to have been made on 23rd May, 1953, according

to the booklet, I q1;iote a passage from page 60, the last

page of the book - (5

The people's democratic system is a social system which embodies the strivings of oi;r people for peace. Consequently, the working people in town and country-side, now more than ever before, are f^lly determined to uphold their gains, to fight resolutely for peace (10 and for co-operation among peoples. Let u s advance, comrades, constantly strengthening the alliance of the working class and the working peasantry, fully confident in the strength and creative ability of the working people — and nothing and nobody will be able to stem (15 our struggle for building a new life, a happy life,

You hand in this document ? — I do.

The next is E.510. It is a document entitled "Raising the Living Standards," by Imre Nagy, President of the Council of Ministers of the Hungarian People's Republic, and it is an (2C article from the journal "For a lasting peace, for a people's democracy," dated 17th July, 1953, published by the Hungarian News and Information Service, London. I qU-ote from page 11 -

The Party and the Government rely in all their activity on the unsWerving will of the people for peace. Their (25 efforts, directed towards preserving peace, are based on solidarity with the peace-loving peoples and sincere friendship with the vanguard of world peace — the great Soviet ^nion. We intend, in the spirit of friendship of the peoples and in accordance with our capacity, most (30 widely to facilitate greater economic co-operation and to ensure the peaceful co-existence of the peoples. At

2278

the same time we firmly stand on guard for the integrity ofour independence and national sovereignty. 0i:,r strength is multiplied "by the fact that we are not alone, that "by our side stands the Soviet ^nionwhich helps and supports us, and that we are part of the invincible camp of the (5 world peace movement. Un(}er the leadership of the Hungar-ian Working People's Party and on the basis of the deci-sions of our Central Committee, in close unity with the

people, we shall go ahead with greater confidence in our economic policy, along the pathway of prosperity for (10 our country and well-being for our people, towards the radiant f"ti:,re, towards Socialism."

You hand in this document ? — I do.

The next is Hungary's Economic Policy, a speech by Matyas Rakosi, at the meeting of the Budapest Party Activists(l5 of the Hungarian Working People's Party on J^ly 11, 1953, also published by the Hungarian News and Information Service, London. I quote from page 18 -

The imperialist war mongers support the internal enemy with all their strength. The imperialist camp is made (20 more and more nervous by the successes of the Soviet union in the sphere of building Communism, and by the cultural and economic prosperity of the people's demo-cracies and the Chinese People's Republic. They are worried by the vigorous development of the communist (25 and workers movements in a whole number of capitalist countries and of the liberation struggle of colonial

and dependent countries. In face of the achievements of the peace camp, economic troubles are growing in the imperialist camp, and the contradictions sharpening between(3 ^nited States and her satellites. In this situation, the imperialists are displaying feverish activity, are trying

2279

hard to increase their pressure on the peace camp, and are steering towards such provocations as we were witness to in Berlin and in Korea. Many hundreds of million dollars are "being spent on organising provocation and sabotage, and they are activising their agents, their (5 spies and their provocateurs. Such an agent of inter-national imperialism has just "been exposed in the Soviet ^nion, in the person of Bern. 0ur Party approves the energy, the determination and the speed which the Central Committee of the Communist Party of the Soviet (10 union showed in this question. For ourselves, we take from it the lesson that we must g^ard with Unceasing vigilance, that we must watch like the light of opr eyes, the "nity of our Party, its collective leadership and its firm Marxist-Leninist ideological basis. There (15 is no do^bt that the imperialists and their agents here are going to do all they can in our country too, to distrUb our socialist construction and the raising of the standard of living of our working people. In this situation it is more important than at any other time (20 that everyone should see that our Party and its leader-ship are more united, more closely welded than ever. The firm and lasting basis of this unity, this solidarity is formed by those principles and teachings which were worked o""t by Marx, 3ngels, Lenin and Stalin, and which, (25 in the future just as in the past, illuminate o"-r road to Socialism. O^r ever deepening friendly relations with the people's democracies and with oi;r liberator, the mighty Soviet union,and also with the many hundred-

(30 million-strong peace-camp increases our strength and unity. O^r strong and united Party has solved every task which history put before it since the Liberation. For the joy

2280

and prosperity of our working people, it will also rea-lise those aims which we have now set ourselves. But for this it is necessary that every member of our Party, every Communist, and every sincere supporter of our peoples democracy must stand in battle-line, go into (5 counter attack. We must once again mobilise all that to which we attribute so many successes: patient con-viction just as m^ch as steadfast courage, ability to make sacrifices and the Unselfish service of the public interest. Let the whole country see that o^r Party is (10 United, forged together, that every member of it, every one of its organisations, everyone of its agitators and people's educators approves our appointed aims, that they are all determined to expose, beat back and smash every attack of the enemy which seeks to obstruct the (15 raising of the standard of living and the welfare of our working people. Let u s work courageously, self-confidently with belief in the justice and correctness of our cause, and victory will be ours again, as so many times before."

BY MR. FISCHER: Milords, my learned friend seems to have (20 omitted to deal with E.497. I am not qU-ite clear what that means. If it means that the typist is to type in merely those headings

BY MR. JUSTICE RUMPFF: That is how it appears on the list, BY MR. FISCHER: But Milord, it is not clear. (25

BY MR. TRENGROVE: I can make that clear, Milord. As far as E.497 is concerned, it is a booklet "Work for All or Unemployment." BY MR. JUSTICE RUMPFF: Do you want to read anything o^t of that? (30 BY MR. TRENGROVE: No, Milords. BY MR. JUSTICE RUMPFF: just as it appears on the list, the headings?

2281

BY MR. TRENGROVE: <just the headings, not the contents of the document. BY MR. JUSTICE RUMPFF: Well, then, the rest of the E Exhibits as they appear on 10B are handed in, and their description as it appears from this 10B is taken as read. (5 BY MR. TRENGROVE: As Your Worship pleases: The following documents as per List 10B were handed in: E,456: "Soviet News" 2nd September, 1953, published by the Press Department of the Soviet Embassy, London. E.463Democratic German Report, Vol, IV, No, 13, dated (10 24th June, 1955.

E.489: Booklet "Song of the Partisans of Peace," published by the Unj_on of Working Youth, of the Romanian Peoples Republic (4 copies) E.490: Booklet "Song to Salin" published by the "Union of (15 Working Youth of the Romanian Peoples Republic." E.494: Booklet "In Czechoslovakia now, a year of Reconstruc-tion, published and printed by Orbis, PragUe, May 1946, on the occasion of the 1st Anniversary of the Prague Rising and the liberation of the Republic, (20

E.495: Booklet "Czechoslovak public Health Services, Prague

1949, published by Ministry of Information and public Culture. E.497: Booklet, "Work for all or Unemployment, PragUe," with 3"b-headings "Contents, Part I, Unemployment in capi- (25 talist countries, Part II, the liquidation of Unemployment by peaceful methods. The union of Soviet Socialist Republics, 97; Czechoslovakia, lOr, Hungary 111, Bulgaria 113, Poland 115, The German Democratic Republic 117,

E.498i Booklet "Nationalisation in Czechoslovakia, Prague,(30 E.500: Booklet "Czechoslovakia: A Force of Peace," pub-lished by the Czechoslovak Committee of the Defenders of Peace, November, 1950,

2282

E,505: Booklet "Nicolas B o l e s c u , a fighter for freedom" published by the Romanian Institute for cultural relations with foreign countries," Bucharest. E.5I1: Booklet, "Marginal notes on article 80" published by the Romanian Institute for cultural relations with (5 foreign countries." E.523: Agerpres Information Bulletin, No. 36, 24/10/53. E.524: Agerpres Information Bulletin No. 37, 31/10/53. E.525: Agerpres Information Bulletin No. 38, 10/11/53. E.526: Agerpres Information Bulletin No, 39, 21/11/53. (10 E.529: Bulletin "New Life in Rumania," No. 4, November/ December, 1952, Bucharest. E.531: British Rumanian Bulletin, No. 57, December 1953, published by the British Rumanian Friendship Association, London, (15 BY MR. TRENGROVE: That concludes the evidence on the "E" documents, I now turn to the evidence dealing with the Kliptown Conference, the documents which the witness took there. EXAMINATION BY MR. TRENGROVE CONTD.: (Page 1572 of P.E. (20 Record.) Do yo11 remember the 26th june, 1955 ? — I do.

Did you attend the Congress of the People Conference at Kliptown ? — Yes.

And did you search anybody at that Congress ? — I did. Who was the person that you searched ? — T.E. TshUnV-ngwa. (2 Do you know him ? - I know him. He is Accused Noc 29 and is not here at the moment ? —

Yes.

You have seen him in this CoUrt here ? — Yes. Where did you search him ? — On the platform where the (30

speakers addressed the audience. He was on the platform at the Conference ? — Yes.

2283

And there you took possession of certain documents ? — I did.

Now, you have before you a document, TET.32 ? — Yes. And you have before you a document, TET.33 ? — Yes. And you have before you a document, TST.38 ? — Yes. (5 Now, were those three of the documents which you found

in the possession of the Accused when you searched him on this occasion ? — Yes.

Now, TET.32, is a roneod document, message to the Con-gress of the People of South Africa, meeting in Kliptown (10 near Johannesburg, Transvaal, South Africa, from Albert J. Luthuii, President-General of the A.N.C. This document has already been handed in as CM.4-3. You hand in this document ? — I do.

The next, TET.33, .... (15 BY MR. JUSTICE R°MPPF: Why do you hand this in, this type of document; why don't you ask the witness is that the same as already handed in, did you find that on him? That would be sufficient. ? — It is identical.

EXAMINATION BY MR. TRENGROVE CONTD.: The next is a document (20 TET.33. Look at the document ? — Yes.

It is a credential form, Congress of the People, JUne 25th and 26th, Kliptown ? — That is correct.

\

How many copies did you- find on him ? — 38 copies. And there is nothing in writing on them ? — No, (25 Now, the printed portion of the document is the same

as CM.4-6. ? — That is correct. BY MR. JUSTICE RUMPFF: I think that what may happen unless there is a check, if a document is put in which is similar to the one which has already been put, that document will (30 be typed again into the record. BY MR. TRENGROVE: Milord, I think the only thing that gets

2284

typed in, is that the typist types in that this document is the same as C»46, for instance, BY MR. JUSTICE RUMPFF: I don't know. BY MR. TRENGROVE: That is what has been done. BY MR. JUSTICE RUMPFF: In any event,one needn't put the (5 document in. BY MR. FISCHER: Even so, Milord. I wo^ld u r g e my learned friend not to put it in, because that does increase the record, even though it is not typed. BY MR. TRENGROVE: We won't put it in Unless there is some- (10 thing special in the document that we wish to rely on. EXAMINATION BY MR. TRENGROVE CONTD.: The next is TET.38. That consists firstly of an envelope addressed to Mr. T.E, TshU-nUngva, and a letter "African National Congress, Kimberley" 15th June, 1955, addressed to the Provincial (15 Secretary, A.N.C., New Brighton -

Dear Son of Africa, I salute you in the name of the newly appointed A.N.C. Executive of the Kimberley Branch. We all say in one voice Freedom within o13r Lifetime. The President, Mr. P.J. Boikanyo, .... (20 the Secretary, A.B.C. Seochoareng The newly appointed committee pledges itself to carry out the instructions of the A.N.C. to the letter. We have decided to send a delegate to the Provincial Conference at New Brighton on Friday, 18th June, (25

Africa, MayibUye, Yo^rs for the cause of Africa, A.B.C. Seochoareng. "

You hand in this document ? — I do. That concludes the evidence of this witness in respect

of the documents found on T.E, TshUnUngwa. The next, are documents in the series PB, P. Beyleveld. Now, they are

2285

dealt with in the Preparatory Examination, at page 1016. Sgt. ri;iger, on the 5th December, 1956, did yov carry o^t a search at 73, Greenside Road, Greenside, Johannesburg ? — Yes.

At whose hoi;ise was that ? — That is the ho1;se cf Mr. (5 Beyleveld.

Do you know what his first name is ? — P.A,D.Beyleveld. And was he an accused at the preparatory examination ? —

Yes. BY MR. JUSTICE RUMPFF: Where in the house did you find these (10 documents ? — It was in the sitting room. EXAMINATION BY MR. TRENGROVE CONTD.: Now, was Mr. Beyleveld present ? — Yes, he was present.

And did ycu show yoi:ir search warrant ? — I did. Did he say anything as tovhose documents these were ? — (15

He claimed possession of them. Now, wo"Id yoi; refer firstly to PB.3 ? — Yes. The next, PB.5 ? — Yes.

PB.6 and 6A ? — Yes. This document PB.6 and PB.6A, was fo^nd in his office in Pox Street 67A, after the search (20 was carried o^t in his hou-se, I took him to his office. The same day.

And also in his presence ? — In his presence. Did he lay any claim to PH.,.6 and 6A ? — This book, he

did not explain ownership, b^t he didn't know how it got (25 into the office. 6a was a bookmark in the book, Exh. PB.6

And what office is this where you fo^nd the documents ? — The front office is used by typists employed by his wife.

And you say in respect of PB.6 and 6A, he didn't know how the documents got into the office ? — That is so, (30

Does that also apply to PB.6A ? — I don't think we noted it at that time.

2286

It was in the book ? — Yes, it was in the hock. PB.7 ? — PB.7 is a Liberation, It was also fo^nd in

the office at Pox Street, PB.10 ? — Chairman's Opening Address, conference or-

ganised by the Trade Unions Co-ordinating Committee — it (5 was also found in the office at Pox Street.

PB.ll ? — PB.ll was taken from Mr. Beyleveld,,,, We are coming to that. That wasn't found on this

occasion ? — No. PB.12. (Copy of list handed to Their Lordships) (10

And PB.15 was also found on some other occasion, is that correct ? — Yes,

Now, PB.2 and PB.6, and PB.8 ? — Yes. Where was PB.8 fo^nd ? — PB.8 was fo^nd at the office

at 67A Fox Street, (15 BY MR. JUSTICE RUMPFP: What about 2 and 6? BY MR. TRSNGROVE; PB,6 has been dealt with, and PB.2 ... ? — Was found at his home in Greenside.

Now, could we firstly deal with the documents fo^nd at his home. The first is PB.3, is that correct ? — (20 PB.2.

All right, PB,2 „ You- hand in that document ? — I do. It is a book "We the People," by Leo YUgerman ? — Yes, Published by Victor Golancz, 1940, It is a Left Book

Club edition, Ve hand this in for possession only. (25 BY MR. JUSTICE RUMPFP: Is anybody at a later stage going to deal with this ? — BY MR. TRENGROVE: Yes, Milord, this is referred to in Column 2 of our schedule. The next document is PB.3, a booklet "Certain People" published by Sagov. It is the same as (30 PA.22, and C.268. (Not handed in)

The next document is PB.5 ? — Yes.

228?

It is a statement "by the Johannesburg Regional Committee on the situation, for discission by the branches. It is the same as document C.1000. (Not handed in)

Now, the other documents to which I will now refer you

found on the same day at the office of Mr. Beyleveld, in (5 his presence ? — That is correct,

PB.6, is a book "How the Tillers Win Back Their Lands," by the Bond Languages Press, Peking, 1954, and in the book

y ou f0und the circular, PB.6A ? — Yes, And the circular letter is a roneod document, "Speaking (10

Together, Congress of the People, To All Volunteers," con-taining paragraphs "What is the Freedom Charter," "What mi;st a volunteer do?" And it is signed by P. Beyleveld a typed in signature, P Beyleveld, for National Action Council. Is that correct ? — That is so. (15

You foU-nd this in the book ? — Yes. You hand in that document, 6A ? — Yes. PB.7 is a bulletin, "Liberation" No. lr of April, 1956

and you hand that in ? — Yes,

PB.10, is a typed document, headed "Chairman's Opening (20 Address" at the conference organised by the Trade union Co-ordinating Committee, This document will be dealt with Under Exhibit Nos. D.19 and D.20, which follow immediately after these, You- hand in that document ? — Yes, (25

BY MR. FISCHER: Milord, as I Understand the position, these are column 1 documents, they are not handed in for possession of association, and they are handed in for contents, BY MR. JUSTICE RUMPFF: The list is headed "Column 1, Sche-dule 4." (30

\

BY MR. FISCHER: Yes, Milord, b^t I don't know now, is my learned friend relying on all the contents?

2288

BY ME. TRENGROVE: Milords, we rely on the fact that the Accused — take as an example, the document referred to by my learned friend, Mr. Fischer, rely on the fact that the Accused had in his possession "Bulletin, liberation No. 18," April, 1956, which "bears exhibit No. PB.7. (5

BY MR. JUSTICE RUMPFF: Possession. BY MR. TRENGROVE: Yes, that he had that document in his possession, BY MR. FISCHER; Milords, than it is in the wrong column, because column 1 of Schedule 4 is described as follows : (10 With regard to the documents set forth in column 1 hereof, the Crown has indicated on the said documents the portions upon which the Crown does not rely." That seems that any-thing not deleted is relied Upon, There is nothing deleted from this thing. Presumably, therefore, according to the (15 schedule, the whole of this goes in, and that is the material that has got to be read if it is going in, BY MR. TRENGROVE: May I j^st have the document (Handed to Counsel)

BY MR. JUSTICE RUMPFF: He is worried abcut the schedule. (20 BY MR. TRENGROVE: Milords, this is a document BY MR. JUSTICE RUMPFF: No, what about the point — apart from that document? Is this the correct schedule or not? BY MR. TRENGROVE: Yes, Milord. BY MR. JUSTICE RUMPFF: I haven't got the form here. It (25 deals with ...is it proposed to call another witness to deal with these documents? BY MR. TRENGROVE: Co^ld I just explain? Schedule 4, para-graph 2, "As regards the documents set forth in column 1 hereof, the Crown has indicated on the said documents the (30 portions, if any, T1pon which the Crown does not rely in any way." Now, this is a document which falls in column 2 of

2289

Schedule 4. So we rely on everything in this document, save the portions not deleted. Now, on this document, Milords, Yo^r Lordships will see an endorsement has been made for deletion see Exh. G.1114. Now, all the Libera-tions will be handed in under Exh. G.1114. And the por- (5

tions of this document that are not relied upon are shown on the same copy dated 18th April, 1956, which was found under G*1114. If my learned friend wishes, Milords, we can get G.1114, and I can tell him now which portions were ac-tually deleted, b^t I think up to the moment the Crown has (10 followed the practice indicating also to the Defence that all the Liberations, all the Fighting Talks, all the Advances and New Age, portions on which are relied, will be read in at a later stage, when those exhibits are dealt with, BY MR. JUSTICE R°MPFF: But the Crown has indicated, I think under the item G.1114 — b^t this hasn't been done here, on(l5 the list.

BY MR. TRENGROVE: On the list, no, Milords, b^t the list isn't going in. I can rectify the record by saying that

BY MR. JUSTICE RUMPFF: Are these exhibits put in for pos- (20 session only, so that what goes down on the record is the title as they appear on list 11, BY MR. TRENGROVE: Yes, BY MR. JUSTICE RUMPFF: Is that all?

BY MR. TRENGROVE; The possession of this document insofar (25 as portions have not been deleted. In the past the Crown has indicated on the list so much as will be read in under Exh. G.1114. BY MR. FISCHER; Milord, if my learned friend wo^ld do a very simple thing here, there would be no difficulty at all. If (30 he wo^ld say it was found in the possession of so-and-so,

2290

Beyleveld, in this case, this exhibit which is the same as that which will he read in under G.1114, then the exhi-bit need not go in. As it stands now, this exhibit is put in under column 1, and that is for content, and that cannot go in for content without being read, but I quite agree that (5 if my learned friend is prepared to say it is the same as G.1114, then this needn't go in at all.

BY MR. TRENGROVE: Yes, I didn't state it q^ite clearly; I should have said,..,. BY MR. JUSTICE R°MPFF: Yes, but what abo^t the others? (10 Take — well, so far yov have handed in those that are similar to others, and what is the position in regard to this list, in regard to the other items, PB.10 for instance. BY MR. TRENGROVE: That is going to be read in. BY MR. JUSTICE RUMPFF: "The same as..." Are you pitting those(l5 in here "The same as 11 and 12...." BY MR. TRENGROVE: Yes, Milord. BY MR. JUSTICE RUMPFF: In any event, PB.7, that is the same as will be reid under G.1114. BY MR. TRENGROVE: Yes, Milord. (20 BY MR. JUSTICE RUMPFF: You m^st make that clear, because otherwise it is not clear, having regard to the heading of this list. BY MR. TRENGROVE: No, Milord, I made a mistake, I am sorry. It needn't go in. The next is PB.12. PB.ll is a roneod (25 document "Draft Freedom Charter/' the same as document CM.42. That is not going in. PB.12 is a draft agenda BY MR. JUSTICE RUMPFF: Incidentally, where was PB.ll found BY MR. TRENGROVE: PB.ll was fo -nd at the office.....?-- It was fo^nd at a later stage. (30

There was one other document, PB.8 which was fo^nd at the office of Mr. Beyleveld, is that correct ? — Yes.

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PB.8 falls under column 2 of schedule 4, possession of a document. Directors of the sixth five year plan of U.S.S.R., 1956-1960, and a report by N.A. Bulganin to the 20th Congress of the C.P.S.U. You hand in that document ? — Yes. (5

Now, Sgt. Kroger, in respect of these documents that you found in the office of Mr. Beyleveld, you have told the Court that in respect of document PB.6 he said that he didn't know how the document came into his office. What did he say in respect of the other documents which you (10 handed in ? — He didn't say anything, he claimed ownership.

Now, I want you to deal with PB.ll, PB.12, and PB.15. It is the draft freedom charter and an agenda and a draft resolution and a portion of an agenda, ? — Yes.

Now, where did you find those documents ? — I (15 searched Mr. Beyleveld at the Congress of the People on the 26th june, 1955. I removed these documents PB.ll, PB.12 and PB.15 from his person.

Now, where was he ? — He was on the platform. At the Congress of the People ? — Yes. (20 And then you took from his possession the draft Freedom

Charter which is the same as CM,42. You also took from his possession PB.12, which is a typed document 'Draft Agenda,1

? — Yes. You hand that in ? — Yes. (25 And PB.15, is a draft resolution ? — Yes. "Draft

Resolution," in type, and it deals with the Freedom Char-ter.

"We have come together from every corner of our land chosen by o13r people to meet together in this great (30 assembly, believing that the Freedom Charter we have adopted contains in it the most tr^e and jUst desires

2292

of the overwhelming majority of the people," This is also a typed document ? — Yes,

You hand in PB.ll, 12 and 15 ? — Yes. We hand these in for possession,

BY MR. JUSTICE RUMPFF: Now, what does that mean, if PB.12 (5 goes in, the draft agenda, and no more. BY MR. TRENGROVE; Milords, it is a draft agenda of the Congress of the People at Kliptown on the 25th and 26th June, 1955,

BY MR. JUSTICE RUMPFF: Is that all yo* want in? (10 BY MR. TRENGROVE: Yes, Milord. BY MR. JUSTICE RUMPFF: Very well. As it stands on the list it says Draft Agenda. BY MR. FISCHER: Then, Milords, I Understood they would not go in as exhibits, if that is all that is required, because (15 here is PB.ll which is already in as CM.42, BY MR. JUSTICE RUMPFF: Yes, but 12 and 15 are not in as yet. 11 can go out. BY MR. TRENGROVE: PB.12 and PB.15 we would like as part of the record, BY MR. JUSTICE RUMPFF: Yes. BY MR. TRENGROVE: That concludes the evidence of this witness. BY MR. FISCHER: Milord, my learned friend hasn't dealt with PB.10, I don't know whether that is in or not. BY MR. JUSTICE RUMPFF: That is the same as D.19 and 20. (25, And D.19 will be handed in. I suppose PB.10 has just been given for information at this stage, but it is not in, it was not handed in

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CROSS-EXAMINED BY MR. FISCHER; Sgt. Kroger, there are just one or two small points which I wo^-ld like read in. If you will look at Exh. E.438, a portion of page 5 was read under the statement on sending troops to Kenya — do you recognise that ? — Yes. ^

And the last two paragraphs of that, the Peace Council was pitting forward its u su ai call for ending colonial wars. Is that correct ? — Yes.

And you will see that right at the end of thet statement which calls for ending wars in Kenya & Malaya, there is the (10 statement that the above statement was sent to newspapers throughout the country ? — Yes.

Now, of course, that was one of the main types of con-duct Undertaken by the Peace Council, wasn't it? Perpetually to call for the ending of wars ? — Yes. (15

There was nothing private about it; it was sent to the newspapers, it was published in speeches, and so on ? — That is so.

That is similar in this speech, E.416, where there is a similar call for the ending of wars — do you remember (20 a speech on which there is written "Speech by RU-th First," E.416 (handed to witness) ? — I remember the document.

Incidentally, Sergeant, did you perhaps write on top there "Speech by Ri:)th First," I see it is in handwriting ?-No, this is not my handwriting. (25

Have yov any idea who has written it ? — No, I think it was found in this condition.

It is not typed in, is it ? — No. I then want you to have a look at E.433. Now, the

first two or three paragraphs were read in. This obviously (30 is a roneod or typed form — is it roneod ? — It is a roneod document.

2294

It is a roneod form addressed to the Secretary, and then a "blank is left ? — Yes.

And then it starts "Dear Friend...." ? — Yes. "Yourorganisation is invited...," So it was used ob-

viously to circularise various organisations. ? — I suppose (5 mo.

That would be what it was intended for. Then it ends, the last two paragraphs are as follows -

We must uSe every means at cvr disposal to avoid a third world war, the u s e 0f atom and hydrogen bombs (10 may well mean the end of civilisation, a prospect no person in his right senses dare contemplate. There is no doUbt that your organisation is intensely inter-ested in the question of peace and will do everything possible to strengthen the peace movement in this country. We therefore hope that it will be fully (15 represented at our forthcoming Conference to make it the success it deserves to be.

That was theUnderlying theme of that circular ? — Yes, the concluding paragraphs.

Then if you wo^ld just have a look at Exh.E.426, you (20 will see that the second paragraph discusses the obtaining of 5,000 signatures. Can you possibly recall what that was for, what the signatures would be obtained for in Ji:ine 1955, the 14th JUne, 1955; perhaps if I remind yo1-, you will re-member that there was a petition then for the banning of A (25

and H bombs ? — That is correct. Then lastly I would like you to have a look again at

Exh. E„355« You will remember that that was a letter written by the National Action Committee inviting the South African Peace Council to sponsor the Congress of the People. You (30 don't need to look at it in detail, ? — Yes.

2295

I wonder if you remember that in fact the Peace Council did not sponsor the Congress of the People; it was spon-sored only by the Congresses, was it not ? — I cannot say for s^re.

Let me remind you of something. The Peace Council did (5 sell literature at the Congress of the People ? — Yes.

But somewhere in these multitudinous records and letters and correspondence, there is a letter in which the Peace Council refused to sponsor the Congress of the People ? — I cannot recall the letter. I know that the Peace Council, (10 the name of the organisation did not appear on letters si;ich as this one where the sponsoring organisations, African National Congress, South African Indian Congress, the S.A. Congress of Democrats, S.A. Coloured Peoples Organisation is given.

That is correct. Now, I want to get one or two things (15 clear. You have told Us about your searching of Mr. Beyle-veld's house on the 5th December, 1956, and his office on the same day ? — Yes.

Yon told us y0u searched him and you searched T.E. TshUnUngwa at the Congress of the People ? — Yes. (20

You also searched the offices of the Peace Council in September, 1955 ? — Yes.

I think, sergeant, have to soms considerable extent been responsible for the care of all the documents relating to this case ? — Yes. (25

You have been in charge of them, that is both the exhi-bits and those which have not been handed in ? — I have, yes.

Sergeant, over the period which the indictment covers, from October 1952 to the end of 1956, could you give the Court any idea cf how many police searches there were ? — (30 No, I am afraid I cannot. There were a number, perhaps three

2296

or fo^r, but I cannot give the exact number. Well, that would he three or fo15r occasions. B^t

there were innumerable searches of individuals and organisa-y

tions, not so ? — es, that is so. I don't know how many there mere, I haven't detailed (5

instructions, it is difficult to get them, b"t I think it wouldn't be unfair to i;se the word "innumerable," ? — If you have to refer to the number of persons that have been searched, yes, Milord, then it is so.

And also to the number of organisations ? — Yes. (10 For instance, can you give the Co^rt a rough idea of

how often the African National Congress offices were searched over that period of four years ? — I do not know, I haven't carried out a search there myself. I cannot say.

Incidentally, Sergeant, I take it yoT:i have attended (15 many meetings as well ? — I have.

And yoi; have been on the work for a period longer than the fo1Jr years of the indictment ? — Yes.

Would it also be fair to say that yo11 have attended innumerable meetings ? — Yes. (20

Of all kinds, that is the various Congresses and of the Peace Council itself ? — Yes.

Now, reverting to the searches for documents, a number have been put in here, and are still going to be put in. But you are in charge of the documents which were not even (25 put in at the Preparatory, were you- not ? — Yes.

And can you give this Co1J-rt any description as to the volume of those documents ? — (No reply)

Let's help you this wq,y. They are kept in tin boxes, aren't they ? — No, not at the moment. They have been re- (30 moved from the boxes, b^t I would ....

They were in tin boxes ? — Yes.

2297

Those "boxes would "be about what, 12" deep "by 3' x 2', something like that ? — 3' x 2' x 12" or 14".

And prohably there wo^ld be twenty of them ? — I think more.

Even more than that ? — Yes. (5 Is that excluding all the books taken, the books taken

from libraries of individuals and organisations — those are ju-st the documents in the tin trunks ? — No, that includes the lot. Everything that has been taken.

So there are more than 20 boxes of this kind, filled (10 with documents and books which have not even been put in at the Preparatory ? — Yes.

So it would be fair to say, Sergeant, that the amount of documents to be put in here, is a very very small portion of the total taken ? — I cannot say it would be a very small (15 proportion. One has to bear in mind that we have found, for instance, one document will go in, where we have fc^nd 4,000 copies, 4,000 to 5,000 copies of the same document, in so many instances,

But apart from the copies, there are a very, very (20 large number of documents which simply haven't been Used at all ? — Yes„

Relating to all manner of subjects, actions, conduct, Undertakings and private correspondence, and so on ? — Yes, a large quantity. (25

One last thing, Sergeant., The office which you spoke abo^t in regard to a certain Beyleveld, that is an office you said r vn by his office. ? — Yes.

She runs a rather large commercial typing agency ? — Yes. (30

And of course q^ite a number of people work there, a number of people come and go there ? — Yes.

2298

(No farther questions) NO RE-EXAMINATION: FRANCOIS JOHANNES D u PRSEZ. duly sworn. EXAMINED BY MR. VAN NIEKERK: Are you a detective sergeant, South African Police, stationed at Johannesburg ? — Ek is, (5 BY MR. JUSTICE R°MPFF: I Understand some of the Accused can't Understand Afrikaans, BY MR. FISCHER: I imagine that is so, I haven't actually enquired. Yes, that is so. BY MR. JUSTICE RUMPFF: I think that happened at the Prepara-(10 tory, I am not quite sure.

EXAMINATION BY MR. VAN NIEKERK CONTD.: On the27th September, 1955, did you search certain premises at Progress Buildings, Johannesburg ? — Ja,

What premises did you search on 2 7 t h September, 1955 (15 ? — I searched S.A.C.T.u,s offices, South African Congress of Trade unions.

What are the numbers cf the offices that yo^ searched ? — No. 64A and No. 63.

Who was present when yo . conducted the search ? — Leon (20 Levy was present.

What office was that ? — 64A Progress Buildings. Was there anybody else ? — Later on Leslie Masina also

arrived there. Do you know whether he has got an office in that b1;ild- (25

ing ? — He has, What is the number of his office ? — 63. Do yo" know Leon Levy ? — I know him. Can yov identify him ? — I can. Will yo^ please do so ? — (Witness identifies Accused No.(3C

4.)

And do you know Leslie ^asina ? — I know him.

Collection: 1956 Treason Trial Collection number: AD1812

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