Description
Dr Yutar opened proceedings on this day with an explanation of the correspondence of certain of the Rivonia documents he read out at the end of the previous day. For example the last exhibit handed in on the previous day was Exhibit R.121 (d) a pamphlet entitled “June 26th – Freedom Day” was the same as Exhibits R.10 and R.122. Thereafter the state proceeded to call a number of police witnesses from the Johannesburg and Natal areas to give evidence of acts of sabotage listed as Items in Annexure B
.
Following the examination-in-chief of Captain Botha, Dr Yutar informed the court that Mr Berrange required instructions before W/O Grobler could be cross-examined. As such Judge De Wet agreed to release the witness until Tuesday of the following week. During the examination of W/O Grobler, and other witnesses on this day, several references were made by Dr Yutar to the evidence that was given by Mr X (Bruno Mtolo).
The day was concluded with Dr Yutar, yet again, submitting a huge number of the documents seized during the Rivonia raid to the court.
Witnesses Called
118th State Witness: Warrant Officer Nicolas Johannes Grobler – Security Branch, Durban.
Examination-in-chief by Dr Yutar.
W/O Grobler gave details, which he had complied from notes of his own and others, concerning 31 acts of sabotage he had been involved in investigating in Durban. Only some of those acts of sabotage in Annexure B detailed by W/O Grobler are listed below, as taken from the notes of the defence team:
Item No.13: On 15th December, 1961, Municipal Offices in Durban were attacked. W/O Grobler had not personally investigated the scene and, as Bruno Mtolo had already given evidence regarding this event, Dr Yutar did not press W/O Grobler for further details.
Item No.75: On 14th October, 1962, an explosion had taken place at the offices of the Security Branch in Durban. W/O Grobler found a detonator and a bicycle tube containing a mixture of sulphur and potassium chlorite at the scene. W/O Grobler said that on that evening a Bantu Detective was on his way to his office next door to the Security Branch and the explosion occurred just before he entered his building. No arrests had been made but it was thought that Ronnie Kasrils, a member of the Congress of Democrats, was responsible for the attack before he left the country.
Item No.76: On the same evening as that above, an explosion occurred on a third-class coach of a passenger train on a fairly heavily trafficked suburban line. W/O Grobler found objects such as a tin of petrol, bicycle tube, and others at the scene. The floor and seats of the coach were soiled but there was no further damage. Four Indian men, Ebrahim Ismail (No.4 of Annexure A), Natbarlar Babenia (No.4), Girjasunny Singh (No.24), and David Pinamol. All expect for David Pinamol were members of the Natal Indian Congress. David Pinamol gave evidence for the state against the other listed men and the court case had not yet been concluded.
Item No.79: On the night of the 14th and 15th October, 1962, the Bantu Affairs Offices, Stanger, similar items as those described above were found at the scene. No explosion actually occurred there. The offices were used for the issuing of reference books. No arrests had been made.
Item No.77: Once again, on 14th October, 1962, the Bantu Administration Office in KwaMashu had suffered an explosion from an incendiary bomb placed against a door of the building.
Item No.80: On the night of the 14th and 15th October, 1962, the Location Authority Office on Stanger Street was targeted. An incendiary bomb was found at the scene by W/O Grobler.
In addition to these listed above, W/O Grobler also gave details of 24 additional acts of sabotage which took place in Durban and its surrounding areas between 1961 and 1963. Well-known names such as Billy Nair, Christen Moonsammy, Alfred Duma, David Mkize, and others were mentioned as people who had been arrested in connection with these acts.
Cross-examination reserved.
119th State Witness: Captain Lourens Rasmus Botha – Security Branch, East Rand.
Examination-in-chief by Dr Yutar.
Captain Botha was in charge of the Security Police in Springs and had been the investigating officer in charge in regard to seven acts of sabotage. Those acts of sabotage detailed by Captain Botha are listed below:
Item No.7: On 8th October, 1961, two outside legs of an electricity pylon were sawn off causing the tower to collapse. The pylon was at the Jukskei River in Lombardy East, Johannesburg.
Item No.4: On the same night as that above, two cables of the main telephone line near Springs were sawn off with a hacksaw which was found by Captain Botha.
Item No.6: On the same night additional telephone wires were cut about half a mile away from the scene of Item No.4.
Item No.12: On 16th or 17th December, 1961, two wooden electric light poles in Bedfordview were sawn off.
Item No.29: On 20th December, 1961, the legs of two electric pylons near Endervale Hospital were damaged by a dynamite explosion in which home-made electric starters had been used.
Item No.45: On 26th August, 1962, loaded blasting cartridges were placed approximately 12 to 15 inches under the ground next to the legs of an electric pylon about two miles away from Putfontein Police Station in the Benoni District. Only one blasting cartridge exploded.
Item No.107: On 28th November, 1962, two outside legs of an electric pylon were blasted off with dynamite on a farm in Petit, about three and half miles away from the local Police Station. In addition to the tower itself, several adjoining power lines were also damaged.
Cross-examination by Mr Berrange.
Under cross-examination Mr Berrange highlights the fact that all hospitals which had been near electric pylons that had been damaged were actually supplied with electricity from a separate source in order to cover them during power failures. This was significant for the defence’s case that the policy of sabotage was to prevent harm to human life. Mr Berrange then brings attention to the fact that in Annexure B of the indictment, Item No.4 is dated between the 2nd and 8th October, 1961, and Captain Botha said that he was satisfied that it definitely took place on the 8th October. Mr Berrange thereafter asked for further particulars of what Captain Botha had found at the scenes he visited as well as the information he received from his subordinates on instances when he personally had not seen damage before repairs had been made.
Captain Botha admitted that it was only in regard to the three Items which took place on the same night that he was not the officer who found the evidence he testified to. Mr Berrange commented that the techniques used on pylons was very similar in each case. Captain Botha admitted that he read the newspapers very closely. In regard to Item No.8, Mr Berrange went on to state that the newspapers had carried a claim by the Committee for National Liberation that they in fact had damaged this pylon. Captain Botha said that he would deny having read that but would not deny that he could have read it at the time. Captain Botha said that he was aware of the National Liberation Committee and that it attributed acts of sabotage to itself from time to time. Mr Berrange put it that these claims were made after October, 1961, and Captain Botha said that he could not deny it.
Captain Botha concluded by admitting that there had been no acts of sabotage in his area after November, 1962.
No re-examination.
120th State Witness: Major Lukas Johannes Moolman – Security Branch, Boksburg.
Examination-in-chief by Dr Yutar.
On afternoon of 16th December, 1961, Major Moolman investigated an explosion which had taken place near the township called Dube in Johannesburg (Item No.19). Upon arrival at the scene Major Moolman found the dead body of Petrus Molefe and arranged for Benjamin Ramotsi, who was found seriously injured at the scene, to be taken to hospital. The following day Major Moolman returned to the scene and found bits of Petrus Molefe’s clothes and flesh scattered around the area along with bits of rubber and a red rubber glove.
The car which was found near the scene as well as the clothing of the deceased were taken to the Orlando Police Station. A plastic bottle, glycerine and chalk, were handed to Major Moolman by Francis Smith.
No cross-examination.
121st State Witness: Detective Sergeant Francis Smith – SAP, Orlando.
Examination-in-chief by Dr Yutar.
D/Sgt Smith was called to give evidence on the same act of sabotage detailed by formed state witness, Major Moolman, which was Item No.19. On 17th December, 1961, D/Sgt Smith visited the house of Benjamin Ramotsi in Dube and found the following books:
Exhibit AU: Story of Khrushchev’s visit to the USA, “Face to Face with America”.
Exhibit AV: Communist Party pamphlet, “Freedom” by Brian Simon.
Exhibit AW: “The Clash of Cultures” by Vivian and Vincent Hellener.
Exhibit AX: “The Life and Times of Nikita Khrushchev”.
Exhibit AY: “Black and White: South African History” by Lionel Forman, referred to by Bruno Mtolo.
Exhibit AZ: World Marxist Review issued March, 1961.
Exhibit BC: “Foundations of Leninism” by Joseph Stalin. Dr Yutar says “I’m not sure if he is still considered a communist My Lord”.
Exhibit BD: “Peace and Friendship” Soviet Government statement on the murder of Lumumba in 1960.
Exhibit BE: “Face the Future” by Chief Albert Luthuli.
Cross-examination by Mr Berrange.
Mr Berrange clarifies through D/Sgt Smith that Brian Simons was in fact an Executive member of the Communist Party in Great Britain and not in South Africa
.
122nd State Witness: Detective Sergeant Grysbertus Rynier Kloppers – SAP, Krugersdorp.
Examination-in-chief by Dr Yutar.
D/Sgt Kloppers was called by the state to give evidence regarding the sabotage act listed as Item No.5 of Annexure B. D/Sgt Kloppers stated that on 8th October, 1961, he had picked up the two rubber gloves (which were identical to Item No.20) which were found at the scene of the Telephone substation where underground telephone cables had been cut off.
Cross-examination by Mr Berrange.
Under cross-examination D/Sgt Kloppers explains that the gloves he recovered from the scene could have been bought at any average chemist shop.
No re-examination.
123rd State Witness: Detective Sergeant Willem Johannes van der Merwe – SAP, Vereeniging.
Examination-in-chief by Dr Yutar.
D/Sgt van der Merwe gave evidence concerning only one act of sabotage (Item No.44) he had investigated on 13th August, 1962. On this occasion D/Sgt van der Merwe visited the Wilberforce Post Office in Evaton, Vereeniging, where dynamite had been exploded in the building which caused all of the windows to shatter and which ripped holes in the floor and ceiling. D/Sgt van der Merwe stated that the Inspector of Explosives had taken possession of the items found at the scene and that the area in which the Post Office was located was a highly populated one with many houses and a school nearby.
No cross-examination.
124th State Witness: Detective Sergeant Oosthuizen – SAP, Ladysmith.
Examination-in-chief by Dr Yutar.
D/Sgt Oosthuizen, like the witness before him, also only gave evidence concerning one act of sabotage he had investigated (Item No.160). On 13th February, 1963, two telephone wires were cut in Bestersrus near Ladysmith and D/Sgt Oosthuizen had been the officer to find both of these damaged wires and report them.
No cross-examination.
Following the examination-in-chief of D/Sgt Oosthuizen, Dr Yutar continues with his submission of the documents seized by police at Rivonia to the court. At this time Dr Yutar informed the court that he would not be reading these documents but merely stating their names and handing them in. Listed below are those exhibits submitted to the court by Dr Yutar at this stage, as taken from the notes of the defence team:
Exhibit R.123: Book “Dialectical Materialism” by Morris Cornforth. Found in Room Four.
Exhibit R.124: Book “Socialism on Individualism” by Lewis, on Living in a Revolution. Found in Room Four.
Exhibit R.125: “Africa South in Exile” Issued April 1961 – article by Ruth First.
Exhibit R.126: “Karl Marx and F. Engels on Colonialism”. Found in Room Four.
Exhibit R.127: Book “Liberation” September 1953 with an article by N. Mandela dealing with Africa and World peace. Found in Room Four.
Exhibit R.123: Programme Conference of the Communist Party of the Soviet Union. Found in Room Four.
Exhibit R.129: Great Crisis Ahead: A Call for Unity” New Age publication by A.M. Kotane. Found in Room Four.
Exhibit R.130: Roneoed document “China and India the Broder Dispute” 13 copies. Found in Room Four.
Exhibit R.131: 5 issues of Fighting Talk. Found in Room Four.
1. April 1961, issued by Mandela on P’Maritzburg.
2. September, 1961, Graves of apartheid by Sisulu.
3. January, 1962,Cecil Williams speaks to Krisha Shar.
4. March, 1962, Addis Abbaba Conference.
5. April, 1962, articles by Nokwe and Katane.
Exhibit R.132: Daily Review, October, 1961, Soviet Union Conference, on Rumla. Found in Room Four.
Exhibit R.133: Concluding speech (27-10-61) by Khrushchev in a newspaper published in England. Found in Room Four.
Exhibit R.134: Complete Little Lenin Library catalogue. Found in Room Four.
Exhibit R.135: ISSUES OF NEW AGE. Found in Room Four.
20-7-61 What I saw in China – Hilda Bernstein.
24-8-61 Accra Conference, page 3 ANC Y.L. page 4 article by Mbeki on Unholy Alliance.
24-8-61 Mandela replies to Maheli. Oliver Tambb in Tangyanika.
31-8-61 Mandela defends political refugees.
14-9-61 p. 3. Ebrahim Ismail and other co-conspirators.
2-11-61 Luthuli Calls for United Front.
7-12-61 Political Trials in West Germany. Cecil Williams.
21-12-61 Bomb attacks – represented --- celebrations - Dr. Lotela
2812-61 Photo of MK on wall
Exhibit R.136: Syllabus for Advanced Students on Fundamental Principles of Marxism. Found in Room Four.
Exhibit R.137: A South African in China by H. Bernstein. Found in Room Four.
Exhibit R.138: Box containing communistic literature. Found in Room Four.
Exhibit R.139: The Peoples War. Found in the Main Bedroom.
Exhibit R.140: African Communist – disguised. Found in the Main Bedroom.
Exhibit R.141: Two pocket diaries A.G. Names – address of various persons. Found in the Main Bedroom.
Exhibit R.142: Speakers notes – typed draft. Found in Arthur Goldreich’s car. Copy of Exhibit R 54 (found in Room Four, roneoed copy).
Exhibit R.143: The Revolutionary Way Out. Found in Arthur Goldreich’s car. Corresponding R 121(b).
Exhibit R.144: Newspaper article from the Star 11th June, 1963, Property for Sale – country estate just off Bryanston – valley road. . Found in Arthur Goldreich’s car.
Exhibit R.145: Newspaper cutting re Aerial Photographs to detailed Maps. Found in Arthur Goldreich’s car.
Exhibit R.146: J. Levy – Guerrilla Warfare. Found in Arthur Goldreich’s car.
Exhibit R.147: Differences in Communist Movements. Found in Arthur Goldreich’s car.
Exhibit R.148: Insertions, Afro Asian Study Centre, March 1963 – issued in Dar-es-Salaam. Found in Arthur Goldreich’s car.
Exhibit R.149: Invoice – D. Williams repairs to Volksw.Kombi. Found in the Dining Room.
Exhibit R.150: Reg. Slip Mrs. Sithole Umtata – 11-7-63 9’o’clock in the morning. Found in the Dining Room.
Exhibit R.151: Mem. Of Lease Navian and A. Goldreich. Found in the Dining Room.
Exhibit R.152: Loose leaf pocket book written in ink. Found in the Dining Room.
Exhibit R.153: Tape recording of W. Sisulu. Found in the Dining Room.
Exhibit R.154: addresses of various people. Found in Lounge.
Exhibit R.155: Road to S.A. Freedom. Found in Lounge.
Exhibit R.156: Cuba Anatomy of Evolution. Found in Lounge.
Exhibit R.157: “Contract” 14-6-63 – Vorsters Refugee. Found in Lounge.
Exhibit R.158: Fighting Talk Sept 1961. Found in Lounge.
Exhibit R.159: Price list – chemical ingredients. Found in the Studio.
Exhibit R.160: Africa Rev. May 1963. Algeria. Found in the Studio.
Exhibit R.161: Penguin Special “New Ways of War” published in 1940. Found in the Studio.
Exhibit R.162: Sabotage – published in 1959. Found in the Studio.
Exhibit R.163: Secret Forces Technique of Underground Movement (Moves). Found in the Studio.
Exhibit R.164: Communist Rev. Warfare – Tonham – 2 copies. Found in the Studio.
Exhibit R.165: Clewitz – on Art of Warfare – German General Staff 1943. Found in the Studio.
Exhibit R.166: Sept 1962 photo “No Easy Walk to Freedom”. Found in the Studio.
Exhibit R.167: Theory and application. Found in the Studio.
Exhibit R.168: Slip of paper addressed in Natal – G. Kajee 489 Stella Rd Melville, Natal. Found in Room One the Thatched Cottage.
Exhibit R.169: T. slip of paper bearing number T.J. 142888. Found in Room One the Thatched Cottage.
Exhibit R.170: Mission of Europeans. Found in Room One the Thatched Cottage.
Exhibit R.171: Roneoed document. Found in Room One the Thatched Cottage.
Exhibit R.172: Typewritten document – “One Party States in Africa” July 1963. Found in Room One the Thatched Cottage.
Exhibit R.173: Editorial Notes. Found in Room One the Thatched Cottage.
Exhibit R.174: Hand written 4 addresses – 2 Notcher & Natalie. Found in Room One the Thatched Cottage.
Exhibit R.175: The Assegai – March 1963 – aspects of guerrilla warfare – editorial. Found in Room One the Thatched Cottage.
Exhibit R.176: African Communist – July 1961 – situation in S. Found in Room One the Thatched Cottage.
Exhibit R.177: Moses Kotane S.A. Way Forward. Found in Room One the Thatched Cottage.
Exhibit R.178: Selected Military Writings (found on table). Found in Room One the Thatched Cottage.
Exhibit R.179: Letter – 4th July 1963 (found on table). Found in Room One the Thatched Cottage.
Exhibit R.180: The Worker – published New York – 5 issues (found on table). Found in Room One the Thatched Cottage.
Exhibit R.181: Seven issues of New Age – Organ of Communist Party of India. Found in Room One the Thatched Cottage.
(127 129 130 131 – Mr. Berrange wants to deal with).
Exhibit R.182: Invoice 13-2-61 to Mrs T. Adler – Kombi Taunus. Found in car No.34 at Rivonia.
Dr Yutar concludes by reminding Judge De Wet that Operation Mayibuye, put in yesterday, was also found in Room One, the Thatched Cottage.
Sources
Dictabelts: (Vol.51/7A/124c) (Vol.51/7A/125c) (Vol.51/7A/126c) (Vol.51/7A/127c) (Vol.51/7A/128c) (Vol.51/7B/129c) (Vol.51/7B/130c) (Vol.51/7B/131c) (Vol.51/7B/132c) (Vol.51/7B/133c).
Percy Yutar Papers:
Handwritten notes from the prosecution for 11th February, 1964 (Ms.385/36/7).
Wits Historical Papers:
J1-J15 Notes of State Witnesses evidence (AD1844.A9.1).
Key Words
Police Witnesses, Sabotage, Johannesburg, Durban, Ladysmith, Vereeniging, Boksburg, Mr X, Natal Indian Congress, Pylons, Petrus Molefe, Communistic Literature, Rivonia Exhibits.
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