Description
Proceedings began on this day with an immediate resumption of Dr Yutar’s unfinished examination-in-chief of Frank Mohohloane, the final witness within the category of Rivonia workers to be called by the State. His examination-in-chief as well as the cross-examinations of Thwadi Makena and Frank Mohohloane represented the last time the witenesses working at Liliesleaf Farm were the focus of examination. Two further witnesses were called on this day. The first, was Anne Ezra, wife of Liliesleaf Farm owner Vivian Ezra, and the second, Ismail Essop Makda, a clerk in the offices of the firm James Kantor and Partners.
The examination-in-chief of Mrs Ezra was brief, while that of Mr Makda was extensive and only completed by Dr Yutar over the course of the next day’s proceedings. The shift in examination focus, away from the Liliesleaf Farm employees, and on to the employees of James Kantor and Partners’ firm is indicative of the shift in the prosecution’s case towards Accused No.8, James Kantor. For, he had yet to be implicated significantly in any acts of wrongdoing by previous witnesses.
Witnesses Called
10th State Witness: Frank Mohohloane [Hlotloane] – Farmworker, Rivonia. (Recalled).
Examination-in-chief by Dr Yutar continued.
Dr Yutar resumed his examination-in-chief with questions concerning the infrastructure involved in radio broadcasting from Liliesleaf Farm. Frank Mohohloane stated that he saw a Bantu person and two European men wearing headphones and operating the radio. He also saw Accused No.5, Ahmed Kathrada, operating the radio.
Cross-examination reserved.
9th State Witness: Thwadi Makena – Farmworker, Rivonia. (Recalled).
Cross-examination by Mr Bizos.
Mr Bizos questioned Thwadi Makena about a statement he had made during his examination-in-chief concerning the radio at Liliesleaf Farm. Thwadi Makena claimed to have heard news in Sepedi on the radio at Rivonia about the death of a school principle from his (Makena’s) hometown of Pokane, about one week prior to the arrests. The purpose of Mr Bizos’ questioning appears to have been to cast doubt on the accuracy of the date on which the witness claimed to have heard this on the very radio confiscated from the outbuildings at Liliesleaf.
No re-examination requested.
11th State Witness: Anne Ezra – Wife of Vivian Ezra.
Cross-examination is reserved.
10th State Witness: Frank Mohohloane [Hlotloane] – Farmworker, Rivonia. (Recalled).
Cross-examination by Mr Chaskalson and Mr Bizos.
In his cross-examination by Mr Chaskalson, Frank Mohohloane stated that he was certain, despite hesitation, that the man he saw on two occasions at Rivonia going into the Thatched Cottage was the same as that in No.10 of Exhibit D. However, the witness admitted that there was no particular reason for him to take notice of this man on either occasion, as he was busy with his work.
Mr Bizos’ cross-examination concerned the witness’s claim that on the evening before his arrest he saw Accused No.3, Denis Goldberg, driving a Kombi (motor vehicle) away from the property. Mr Bizos informed the witness that evidence would be presented that confirmed the vehicle to which he referred was in fact parked in the garage on the evening prior to the arrests. Despite this, Frank Mohohloane maintained that he saw the vehicle being driven off the farm.
No re-examination requested by the prosecution.
12th State Witness: Ismail Essop Makda – Clerk, James Kantor and Partners.
Examination-in-chief by Dr Yutar.
Ismail Essop Makda was first employed as a clerk for the firm James Kantor and Partners in 1956. Ismail Makda was a clerk in the offices of James Kantor and Partners at this time, with his own office space and responsibility for his own clients. Between 1956 and 1960, James Kantor’s firm changed its name at least twice, reflecting the names of various partners who joined the firm and subsequently left it. These partners were Mr Edelsohn/Edelstein, Mr Zwarenstein, and, for a period of time, Joel Joffe. James Kantor and Partners was important to the trial as, from late 1960 onwards, James Kantor partnered with Harold Wolpe.
In the initial stages of Dr Yutar’s examination, he asked Ismail Makda to tell the court what name he used to call Harold Wolpe when at the firm and what name he was given by Harold Wolpe in response. Ismail Makda called Harold Wolpe “you bloody communist” to which he received the reply “you racialist”. Without probing into the sentiments informing these office nicknames Dr Yutar tried to give the court the impression that the term “you bloody communist” was an acknowledgement of Harold Wolpe’s sinister political beliefs entering his place of work.
Ismail Makda was asked to tell the court the names of any people with known political affiliations who visited the offices of James Kantor and Partners both before and after the time when communication between communists was prohibited. Of the accused, Ismail Makda identified No.1, Nelson Mandela, No.2, Walter Sisulu, No.5, Ahmed Kathrada, and No.6, Arthur Goldreich, as clients of the firm who visited on occasions both before and after the restriction on communism was put in place. Mr and Mrs Harmel, Vivian Ezra, and Mr Hodgson were also named as clients who visited both before and after the restrictions. John Joseph Marx, Ben Turok, and Cecil George Williams, are named as visitors to the firm only before the restrictions were in place.
Ismail Makda was led to state that all the above named visitors met with Mr Wolpe in the latter’s office at James Kantor and Partners, prior to the time when the restrictions on communication between listed communists was enforced. After the restriction as implemented, however, it was often the case that Harold Wolpe would ask Ismail Makda to leave his office, for between 30 minutes to an hour, so that it could be used for these meetings instead.
Throughout this examination, Dr Yutar attempted to conjure an image of James Kantor and Partners as a firm riddled with dubious practices and maladministration intended to facilitate and further unlawful and sinister political agendas – particularly since the arrival of Harold Wolpe.
Files and documents which demonstrated certain abnormalities in legal practice and record keeping in the financial books and client files of James Kantor and Partners were submitted as exhibits through this witness. The client files – A. Letele, Vivian Ezra, and Julius First – are submitted as evidence and examined thoroughly by the state during this day. Dr Yutar led the witness in such a way as to suggest that the reason that none of these files had substantial written notes on their covers, providing instructions and information regarding the transactions and consultations with clients concerned, was because of an attempt to obscure or hide the dubious contents they held.
For example, the file of Vivian Ezra had the note “Purchase of Property” on the cover, but no instructions or explanations accounting for the cheques and other documents regarding the purchase and upkeep of Liliesleaf Farm in Rivonia contained within. The file of Julius First, Exhibit K.40, was another blank-covered file examined at length by Dr Yutar.
The documents within told of an amount of R14, 000 received from one S. Cohen and then deposited into the trust account of James Kantor and Partners. The same day as James Kantor and Partners received this R14, 000, it was sent out of the account in the form of five cheques. Two of these cheques were to the account of J. First, one cheque was to M. First, another to B. Cohen, and the final cheque was made out to Ruron (Pty) Ltd. Dr Yutar informed the court that evidence still to be presented would show that Ruron (Pty) Ltd. was operated by J. First and its name was an amalgamation of the names Ruth First and Ronald First. Once again, there was no record of these transactions from 8 March, 1962, and Ismail Makda admitted that they were not a reflection of so-called normal practice for a law firm.
The final file submitted as evidence on this day was that of another named conspirator, Mr P. J. Hodgson, who received money from the firm during March, 1963. This file also came with no explanatory notes as to why an amount of R300 had been channelled through Kantor’s office from J. Rosenberg to Mr Hodgson’s account. It is during the discussion of all of the financial transactions and lack of records connected with J. Rosenberg that the court is adjourned until 10:00am the following Monday 9 December, 1963.
Sources
Dictabelts: (Vol.48/9A/29b) (Vol.48/9A/30b) (Vol.48/9A/31b) (Vol.48/9A/32) (Vol.48/9A/33b) (Vol.48/9B/34b) (Vol.48/9B/35b) (Vol.48/9B/36b).
Percy Yutar Papers:
Handwritten notes from the prosecution for 6 December, 1963, are found at (Ms.385/36/7).
WITS Historical Papers:
Evidence of I. E. Madka (AD1844.A17.1).
Extract of Evidence of I. E. Madka (AD1844.A17.2).
Defence Team’s abridged record of Witnesses (AD1844.A6.1).
Key Words
James Kantor and Partners, Harold Wolpe, James Kantor, Purchase of Liliesleaf Farm, Ruth First, Ronald First, Ruron.