Title to long - truncated: Jacobus Rudolph Bodenstein, Detective Constable Benjamin Letlaka / Setlaka / Letloka, Detective Constable Joshua Twali, Kantilal Modi, Jim Mugaboya, Rhalebhatha Philemon Mononyane, Jacobus Rudolph Bodenstein
Description
The first two witness called on this day were both ministers of the Apostolic Faith Mission Church in Johannesburg. They both gave evidence of an official certificate which had been illegally issued to Accused No.10, Andrew Mlangeni, under the false name Andrew Mokete. A number of addition police and business owners from Johannesburg were called to give testimony. The police witnesses gave evidence of acts of sabotage committed in the interior region of the Republic.
In addition the state called a number of witnesses who gave evidence concerning the purchase of Liliesleaf Farm in Rivonia involving Michael Harmel, Vivian Ezra and Arthur Goldreich. Further witnesses were called to give evidence regarding the bank accounts associated with Julius First and other names which appeared alongside dubious transactions in the books of the firm James Kantor and Partners.
Witnesses Called
69th State witness: Jim Muguboya – Minister, Apostolic Faith Mission Church.
Examination-in-chief by Mr Krog.
Jim Muguboya was a minister and Chief Secretary of the African Apostolic Faith Mission Church responsible for issuing certificates on behalf of the church to newly ordained ministers. Mr Krog presented Jim Muguboya with Exhibit TTT which was a copy of such a certificate which had been issued to Andrew Mokete in Johannesburg. Jim Muguboya testified that although his name appeared on this certificate he had no recollection of ever signing it and maintained that it was not his handwriting.
Jim Muguboya stated that Andrew Mokete was neither a member nor a minister of his church. He pointed out Accused No.10, Andrew Mlangeni, as a person he had met at his house with Mononyane. Jim Muguboya said that Andrew Mlangeni was also not a member or minister of his church.
No cross-examination.
70th State Witness: Rhalebhatha Philemon Mononyane – Member, Apostolic Faith Mission.
Examination-in-chief by Mr Krog.
Rhalebhatha Mononyane was the Assistant Secretary of the African Apostolic Faith Church, under Jim Muguboya, in Orlando West. Rhalebhatha Mononyane had been the one who placed the order for the printing of Exhibit TTT on behalf of the Church and on the instruction of the Chief Secretary. Rhalebhatha Mononyane testified that all of the writing, except for the name “J.S. Maguboya”, was in his hand.
Rhalebhatha Mononyane identified Accused No.10, Andrew Mlangeni, as the man who he met. Rhalebhatha Mononyane said that Andrew Mlangeni had asked him to make this document for him because he was a journalist writing reports for the New Age newspaper and was having trouble getting to certain places. The certificate claiming that he was a minister would allow him to move around in connection with his work much more easily. Rhalebhatha Mononyane was friends with Andrew Mlangeni, the two played golf together, and decided to make-up the certificate for him with the name Mokete knowing that it was illegal to do so.
Cross-examination reserved.
71st State Witness: Warrant Officer Jacobus Rudolph Bodenstein – SAP, Pretoria.
Examination-in-chief by Mr Krog.
On 26th June, 1963, W/O Bodenstein searched the home of Accused No.10, Andrew Mlangeni. As Andrew Mlangeni had already been arrested he was taken with the police to be present during the search. Mr Krog leads W/O Bodenstein in regard to the following documents found in this search of Andrew Mlangeni’s house:
Exhibit TTT: Ministers Appointment Certificate - Andrew Moketi.
Exhibit UUU: Road Map of Southern Africa.
Exhibit VVV: Lithuania: 15th Soviet Republic Today.
Exhibit WWW: Suez: The Soviet View.
Exhibit XXX: Reprint from the Star newspaper.
Exhibit YYY: Receipt for Taunus Motor Car ND.79013.
Exhibit ZZZ: Bulletin: Peace and Friendship with Soviet Union.
Exhibit AB: Diary - Telephone numbers of Harold Wolpe and Joe Slovo.
Exhibit MMM: Book on Radio Telegraphy (Handed in by the state on the previous day).
Exhibit AC: Reference Book belonging to Andrew Mlangeni.
Thereafter, W/O Bodenstein gave evidence of a number of tins painted black which he had retrieved from Tsolo Mashiloane at the S.K. Building in Orlando on 23rd August, 1963. In closing W/O Bodenstein told the court that he had arrested Adam Motsabe at Rustenburg whilst he and his group of companions were attempting to leave the country on 10th June, 1963. When W/O Bodenstein arrested Adam Motsabe he found him in possession of a red beret.
No cross-examination.
72nd State Witness: Detective Constable Benjamin Letlaka [Setlake] - Security Branch, Grays.
Examination-in-chief by Mr Krog.
D/C Letlaka gave evidence concerning a pamphlet he had found pasted onto an electricity pole near his home in Maroka on 17th December, 1961. The pamphlet was dated 16/12/61 and was written in a combination of Sesotho, Setswana and English (Exhibit AD). Dr Yutar read from the English portion of the pamphlet which was an explanation of Umkhonto we Sizwe. Mr Krog asked D/C Letlaka what the phrase “Africa Mayebuye” meant. D/C Letlaka explained that it was a phase “used by these people”, and a slogan of the ANC, which means they want freedom. D/C Letlaka went on to say that the literal translation was “Africa must come back” and it meant Africa must come back to the ANC.
No cross-examination.
73rd State Witness: Detective Constable Joshua Twali – Security Branch, Kliptown.
Examination-in-chief by Dr Yutar.
On 9th May, 1963, D/C Twali received a letter at his private home addressed to “the occupier” and stamped 4/5/63. Dr Yutar handed in Exhibit AE which was an envelope and three identical copies of the letter received by D/C Twali.
No cross-examination.
74th State Witness: Kantilal Modi – Proprietor, Commercial Trading Co.
Examination-in-chief by Mr Krog.
Kantilal Modi had been in business as Commercial Trading Company on Commissioner Street, Johannesburg, since 1947. In 1955 or 1956 Jack Hodgson stated a business in the building next door to Commercial Trading Co. which, like Kantilal Modi’s business, dealt in the trade of “soft goods”. According to Kantilal Modi, Jack Hodgson did not have a telephone and both he and his assistant would often use the one at Commercial Trading Co. as well as bring customers to buy goods on Jack Hodgson’s account. People of various races would often come to Commercial Trading Co. looking for Jack Hodgson and would leave messages with Kantilal Modi and other members of his staff.
On one occasion in mid-1962, Kantilal Modi claimed that two or three “Bantu” men came to see Jack Hodgson. Kantilal Modi had been given a telephone number by Jack Hodgson on which to contact him if he did not arrive back in time to receive his visitors. Kantilal Modi called Jack Hodgson and told the men to wait downstairs in the basement. Kantilal Modi recalled that this was a particularly busy day for him and, as a result, he did not take notice of whether or not Jack Hodgson did in fact return to meet these men. Later that day he found out that the men had gathered their luggage and left.
Kantilal Modi had a very vague recollection of the men who visited and could not say what their ages were when asked by Mr Krog. Kantilal Modi said that in 1963 Jack Hodgson left the country and his business’s stocks were taken over by Commercial Trading Co. on account of the money it was owed by Jack Hodgson. Kantilal Modi also recalled that prior to leaving the country Jack Hodgson had been placed under house arrest.
No cross-examination.
75th State Witness: George Herbert Payne – Assistant Foreman, South African Railways.
Examination-in-chief by Dr Yutar.
George Payne was an Assistant Forman in the Department of Signals of South African Railways. On 29th January, 1962, he went to Wipsey Bridge on Main Reef Road which held two apparatus cases and two signal boxes of the SAR. George Payne testified that an explosion had occurred causing all of the cables leading into the signal boxes to be blown off and for the electric current powering the signalling SAR device to be cut off. The result was that the train service on the four lines, (main and suburban) between Canada Junction and Langlaagte, was brought to a complete standstill (Item 110 of Annexure B).
Cross-examination reserved.
76th State Witness: Detective Constable Adolphus Dlepu – SAP, Orlando.
Examination-in-chief by Dr Yutar.
On 16th December, 1961, D/C Dlepu found the dead body of Peter Molife lying outside the Municipal Offices at Dube. According to D/C Dlepu, Peter Molife was found with a rubber glove was on his right hand and his left hand severed from his arm. In addition to this his intestines were said to have been spilling out of his body due to additional injure. D/C Dlepu said that Peter Molife’s body was in front of the Municipal Building which had been damaged by an explosion and both his face and clothes were burnt when he was found. D/C Dlepu recovered a set of car keys matching a vehicle parked a considerable distance away as well as the red glove and a number of plastic bottles from the scene.
No cross-examination.
77th State Witness: Edna Watermeyer – Saleswoman, Arthur Matele & Co.
Examination-in-chief by Dr Yutar.
Edna Watermeyer gave evidence concerning July, 1961, during which time she had been approached by Michael Harmel (No.15 of Exhibit D), operating under the alias Mr Jacobson, to find a quiet, scheduled farm in Johannesburg for his ailing brother-in-law. After showing Mr Jacobson a number of properties in suburban Johannesburg Edna Watermeyer eventually took him to Liliesleaf Farm and found that he was interested but said that the price of £16,500 was too much. Edna Watermeyer, having experience considerable difficulty in getting in contact with Mr Jacobson, was eventually told by him to make further arrangements with Ezra in regard to the purchase of the property. It was at this time that Edna Watermeyer claimed to have had a conversation regarding the property in Rivonia on the telephone with Mrs Anne Ezra.
A short while later Edna Watermeyer received a phone call from Mr Fyffe making a report that Mr Jacobson would be making an offer on his property. An amount of £12,500 was offered by Mr Jacobson and accepted by Mr Fyffe and the sale was completed. Edna Watermeyer only ever had one brief glimpse of the man she knew to be Ezra and described him as “a big fellow with a beard”.
No cross-examination.
78th State Witness: Kenneth Charles Meikle – General Sales Manager, Arthur Matele & Co.
Examination-in-chief by Dr Yutar.
Kenneth Meikle was a Director and General Sales Manager at the same offices of Arthur Matele & Co. as previous state witness, Edna Watermeyer. As such he gave evidence of general interactions he had had with Mr Jacobson in regard to the purchase of Liliesleaf Farm. Kenneth Meikle said that he had only ever seen Ezra on a few occasions and that he spoke very little. As far as Kenneth Meikle had known at the time, Ezra was purchasing the farm in order to form a new company there. Once the sale had been finalised with Mr Fyffe’s solicitor, Kenneth Meikle did not see either Ezra or Mr Jacobson again.
No cross-examination.
79th State Witness: Peter John Gibson – Director, Woolton & Gibson.
Examination-in-chief by Dr Yutar.
In June, 1963, Woolton & Gibson purchased the magazine company Amateur Photography from Mr. E. Brown, representing Cecil T. Holmes (Pty) Ltd., for R20, 500. At the time of this transaction Mr Brown’s bookkeeper was Julius First one of the co-conspirators named in the trial. Peter Gibson had known that during the state of emergence Mr Brown had been arrested. Peter Gibson told the court that he believed that Mr Brown was a Communist but was unaware, at the time, of the political affiliation of Julius First.
Although Peter Gibson had not kept the records for Amateur Photography, he stated that no payments were made by this company after it had been purchased by Woolton & Gibson.
No cross-examination.
80th State Witness: Crenard Hurley – Accountant, J.B.S.
Examination-in-chief by Dr Yutar.
Crenard Hurley gave evidence concerning the account of Julius First at the Johannesburg Building Society. Crenard Hurley said that both Mathilda First and Ronald Martin First were auhorised to operate on this account. Crenard Hurley did not know who these people were but suspected that Ronald Martin First was Julius’s brother but Dr Yutar corrected that he was Julius’s son. Crenard Hurley is lead concerning Exhibit K. 98 which was a payment of R2, 000 made to Kantor and Partners requisitioned on 28th August, 1961, by Julius First.
No cross-examination.
81st State Witness: Andries Kleynhans – Accountant, Netherlands Bank.
Examination-in-chief by Dr Yutar.
The firm James Kantor and Partners had had a trust account with Netherlands Bank and on 24th August, 1962, a cheque for R8, 000 was deposited into this account. Looking at what records he had, as well as drawing on his memory, Andries Kleynhans said that he believed that this payment had been in the name A. Lethiele and was sent from Maseru, Lesotholand.
Dr Yutar asks about two additional deposits – one for R1, 000 on the 20th February, 1963, and the other for R2, 000 on 7th March, 1963 – both of which Andries Kleynhans said he could not remember anything about and could not comment without seeing the relative deposit slips. These deposit slips were not available in court on this day and Dr Yutar asks the witness to step down.
No cross-examination.
82nd State Witness: Kathleen Thelma Gowlette – Sister of Cecil Williams.
Examination-in-chief by Dr Yutar.
Kathleen Gowlette gave evidence concerning her brother Cecil Williams who was a communist and a theatre producer in Johannesburg prior to November, 1962, at which time he left the country clandestinely. After Cecil Williams had left the country Kathleen Gowlette received a telegram from him in Lobatse (Exhibit K. 99) apologising for his abrupt departure from the country.
In a second letter Kathleen Gowlette received from Cecil Williams in Glasgow which instructed Kathleen Gowlette to send a cheque to James Kantor and Partners trust account for R10, 000. The letter which instructed her to do so was submitted as Exhibit K. 100 and she finalised the payment with the assistance of Cecil Williams’ auditor Cyril Fisher.
Kathleen Gowlette also testified that she had met the Hodgson’s at her brother’s flat in Johannesburg. She had guessed they were communists as well but cannot imagine that she had asked them outright about their political affiliations. She did not know if Jack Hodgson specialised in explosives. Furthermore she said that she though that Lionel Bernstein had been brought to her house by her brother to make certain alterations. She had never seen Accused No.1, Nelson Mandela, driver Cecil Williams’ car.
No cross-examination.
81st State Witness: Andries Kleynhans – Accountant, Netherlands Bank. (Recalled).
Examination-in-chief by Dr Yutar continued.
As Andries Kleynhans had had a few minutes in which to locate and study the deposit slips which he was asked about during his first appearance on the witness stand he was now recalled by Dr Yutar to clarify the information regarding these transactions.
Andries Kleynhans confirms that the R8, 000 had come from A. Lethele. The second transaction was an amount of R1, 000 deposited to J. Kantor which had been remitted to Barclays Bank, Maseru, for clearance. The third transaction dealt with was a cheque of R2, 000 by J. Rosenburg and remitted fir clearance to Standard Bank, Mababane, Swaziland.
No cross-examination.
70th State Witness: Rhalebhatha Philemon Mononyane – Member, Apostolic Faith Mission. (Recalled).
Cross-examination by Mr Fischer.
Rhalebhatha Mononyane admits that there was a significant period of time in 1962 when he did not see Accused No.10, Andrew Mlangeni. He remembered this because he had lived and worked close to Andrew Mlangeni’s house and the two would greet each other most mornings. This was in line with the statement made by Andrew Mlangeni that he had not been in Johannesburg for the entire year of 1962. Although Rhalebhatha Mononyane would concede that he was absent for a long period of time but not for the 12 or 13 month period that Mr Fischer suggested.
No re-examination.
Following the examination of Rhalebhatha Mononyane, Dr Yutar decides to continue handing in documents to the court. Having completed those documents found at Travallyn and in the studio at Rivonia, Dr Yutar turns attention to those documents found in the storeroom at Rivonia. Below is a list, taken from the notes of the defence team, of the particular documents handed in at this stage:
Exhibit R.35: 340 circulars entitled “Call to the Youth” with envelopes which had been stamped and addressed.
Exhibit R.36: 250 copies of a document entitled “Differences in the Communist movement” in the form of a wax sheet.
Exhibit R.37: Book entitled “On the Party” Liuchao-Chi.
Exhibit R.38: Book entitled “The State and Revolution” by V. I. Lenon.
Thereafter, Dr Yutar handed in the following document found in the lounge at Rivonia:
Exhibit R.39: Document entitled “Programme of the South African Communist Party”.
83rd State Witness: Detective Sergeant Alwyn Johannes Kotze – Johannesburg.
Examination-in-chief by Mr Krog.
As a result of information received on 25th July, 1963, D/Sgt Kotze went to search for explosives at Meadowlands at a location roughly 1.5 miles away from the S.K. Building in Orlando. At the site D/Sgt Kotze found the following items:
Exhibit 14: A red and white Coca-Cola tin found buried in the ground with two rolls of Cordex and 23 detonators.
Exhibit 15: A blue four gallon tin containing 107 gelignite cartridges and one dynamite cartridge.
Exhibit 16: A green and white tin containing 64 gelignite cartridges, a 30 foot safety fuse and three railway detonators.
Exhibit 17: Four Gallon tin marked “A” containing 20 gelignite detonators and dynamite cartridges.
Exhibit 18: Four gallon tin marked “E” containing detonators of different lengths and flexibility.
Exhibit 19: Four gallon tin marked “G” containing 125 gelignite catridges.
D/Sgt Kotze summarised that in total the police had found 344 cartridges of gelignite, 70 detonators, three railway detonators and 60 feet of Cordex.
No cross-examination
Following the examination of D/Sgt Kotze, Dr Yutar resumes his submitting of documents to the court which had been found during the raid of Liliesleaf Farm in Rivonia:
Exhibit R.40: Photostatic copy of a document entitled “Statement by Central Committee: South African Communist Party”. This item was found in Arthur Goldreich’s car and an additional copy was found in the coal shed and labelled Exhibit R. 83.
Exhibit R.41: Document entitled “Liability for training and Service” found in Arthur Goldreich’s car.
Exhibit R.42: Document entitled “Method of Operation of a Cupola” found in Arthur Goldreich’s car. This document was the same as that found at Travallyn, labelled Exhibit T.10.
Exhibit R.43: Document entitled “Cupola design Requirements” found in Arthur Goldreich’s car. This document was the same as that found at Travallyn, labelled Exhibit T.9.
Exhibit R.44: Typed copy of “Defence Act with Amendments” found in Arthur Goldreich’s car.
Exhibit R.45: Document entitled “Production Requirements” found in Arthur Goldreich’s car. This document was the same as that found at Travallyn, labelled Exhibit T.11.
Exhibit R.46: Document entitled “Outlines of Syllabus Brief Course in Training Organisation” found in Arthur Goldreich’s car and the same as Exhibits R.54 and R.58.
Exhibit R.47: Letter to MADEIRA KAITA by NELSON MANDELA dated 10.4.62. found in Room 4.
Exhibit R.48: Letter to MADEIRA KAITA by NELSON MANDELA found in Room 4.
Exhibit R.49: Document entitled “Collection of Information – Intelligence and Counter-Intelligence” found in Room 4.
Exhibit R.50: Passport of DAVID MATSOMAYI issued by the Emperor of Ethiopia, found in Room 4.
Exhibit R.51: Document entitled “New Problems of the Democratic Movement” found in Room 4 as well as in the offices of C. P. Naicker.
After Dr Yutar concluded his reading of extracts from these exhibits court is adjourned until the following morning.
Sources
Dictabelts: (Vol.51/1B/83c) (Vol.51/1B/84c) (Vol.51/1B/85c) (Vol.51/2A/86c) (Vol.51/2A/87c) (Vol.51/2A/88c) (Vol.51/2A/89c) (Vol.51/2A/90c).
Percy Yutar Papers:
Handwritten notes from the prosecution for 4th February, 1964, (Ms.385/36/7).
Evidence of Peter John Gibson (MS.385/5).
Evidence of Grenard Hurley (MS.385/5).
Evidence of Andries Kleynhans (MS.385/5).
Evidence of Kathleen Thelma Gowlett (MS.385/5).
Wits Historical Papers:
G1 – G105: Evidence includes that by police detectives, and other State witnesses (AD1844.A8.1).
Evidence: Various State Witnesses (AD1844.A17.6).
Key Words
Rivonia documents, Liliesleaf Farm, Denis Goldberg, Andrew Mlangeni, Jack Hodgson, police witness, Guerrila warfare, MK, ANC, methods of struggle.