Description
On this day Dr Yutar examined another batch of police officers whose testimonies concerned the investigation of certain acts of sabotage which had occurred in the Republic since 1961. Perhaps the most interesting and important of these testimonies came from W/O Kennedy who had been part of the raid of Liliesleaf Farm in July, 1963.
Witnesses Called
125th State Witness: Lieutenant Johannes Jacobus Swart – SAP, Durban.
Examination-in-chief by Dr Yutar.
On 15th September, 1962, Lieut. Swart searched the offices of C. P. Naiker in Grace Street, Durban. There he found the document entitled “New Problems of the Democratic Movement” (Exhibit BE) which had also been found in Room 4 of Liliesleaf Farm during the Rivonia raid (Exhibit R.51). Lieut. Swart claims to have drawn Mr Naicker’s attention to the document when he found it and Mr Naicker said “I don’t know where it comes from”. The particular office with the steel cabinet in which this document was found was used by listed communist M. D. Naicker. Dr Yutar asked Lieut. Swart if he knew of Govin Sammy Naicker to which Lieut. Swart replied that he did not, he only knew of George Naicker who owned a Taunus car.
Cross-examination reserved.
126th State Witness: Eric Owen Bernard – Technician, Pietermaritzburg Post Office.
Examination-in-chief by Dr Yutar.
During October, 1962, Eric Bernard visited the place in Pietermaritzburg were a power distribution cable had been cut. The cable had served several buildings, including the Bantu Affairs Department, but Eric Bernard would not state on record that there was no chance that the damage had been accidental.
No cross-examination.
127th State Witness: Velayadan Reddy – Owner, Durban P.O. Box.
Examination-in-chief by Dr Yutar.
Velayadan Reddy had been the owner of a Post Box in Durban which was frequently used by George Naicker. Although Velayadan Reddy received mail to this box as well, he stated that George Naicker would go and collect his own letters and leave those of Velayadan Reddy’s in the box. George Naicker told Velayadan Reddy that he was expecting letters from Johannesburg and Velayadan Reddy did see a number of envelopes which were postmarked JHB airmail in his box.
Dr Yutar presented Exhibit R. 174 to Velayadan Reddy and asked why it was that the name G. Nathan appeared with his address on the document. Velayadan Reddy said that he did not know a G. Nathan.
In closing Velayadan Reddy stated that he had handed his post box key over to the Security Branch and that he was aware that George Naicker had been a member of the Natal Indian Congress.
Cross-examination reserved.
128th State Witness: Lieutenant Abraham Jacobus Kruger – SAP, Queenstown.
Examination-in-chief by Dr Yutar.
Lieut. Kruger had been the investigating officer in charge of a case of sabotage at Engcobo, Item No.26 of annexure B. On the 17th December, 1961, petrol was poured over the floor and a red plastic container was found in the Bantu Affairs Commissioner’s Office. According to Lieut. Kruger, had the petrol been set alight the entire office would have been destroyed by fire.
In connection with this act of sabotage, on the 29th December, 1961, Lieut. Kruger arrested Sisa Dukuda [Taser Dukodon] at his kraal in the Transkei. Sisa Dukuda was a known ANC member and when he was arrested, Lieut. Kruger claimed to have found in his possession potassium permanganate and a silver powder similar to that found at the scene in the red plastic container. Once under arrest Sisa Dukuda took Lieut. Kruger to the premises which had been hired by Harold Strachan in Port Elizabeth and where he had been involved in the manufacture and testing of explosives.
Lieut. Kruger also went to the house of Jack Joseph whose address he had been given by Sisa Dukuda in the form of a slip of paper with two addresses written on it. The state submitted a photostatic copy of this slip and Dr Yutar informed the court that the evidence would be that these two addresses were written in the handwriting of Accused No.4, Govan Mbeki.
Cross-examination by Mr Berrange.
Under cross-examination Mr Berrange highlights that the witness’s evidence was that the red contained found at the scene of the Bantu Affairs Commissioner’s officer had been filled with a black sticky substance but, importantly for the defence, there had been no traces of black powder.
Lieut. Kruger confirmed that Sisa Dukada was a member of the ANC but Mr Berrange tried to argue that this was second-hand knowledge that was in fact hearsay, at least at the time when Lieut. Kruger had been investigating the sabotage at Engcobo.
Re-examination by Dr Yutar.
It appears that Dr Yutars re-examination concerned certain packages which had been found by Lieut. Kruger in the course of his investigation which had been addressed to Harold Strachan and marked “Handle with care”.
Further cross-examination by Mr Berrange.
Mr Berrange gets Lieut. Kruger to concede that Sisa Dukuda had not said when he had arrived at Engcobo to him personally at any stage.
125th State Witness: Lieutenant Johannes Jacobus Swart – SAP, Durban. (Recalled).
Cross-examination by Mr Berrange.
Under cross-examination Mr Berrange stressed that M. D. Naicker could have been listed as a communist as far back as ten years ago, which Lieut. Swart conceded could have been true.
Re-examination by Dr Yutar.
It appears as though when asked by Dr Yutar if the name M.D. Naicker appeared on a current list of known communists Lieut. Swart said, “No”.
No further cross-examination.
129th State Witness: Detective Sergeant Petrus Albertus Ferreira – Security Branch, Pretoria.
Examination-in-chief by Dr Yutar.
On 19th August, 1963, D/Sgt Ferreira was one of the officers who arrested Looksmart Solwandla and two others in Elsies River. In the room where the arrest had taken place D/Sgt Ferreira found objects such as a typewriter, explosive chemicals, Hachson blades, and a number of pamphlets, which Looksmart admitted belonged to him. Following this D/Sgt Ferreira went to a house in Nyanga Location where he found further roneoed documents and a hacksaw without blades.
Dr Yutar asked D/Sgt Ferreira if the blades found during the arrest would have fit a hacksaw like the one found in Nyanga. D/Sgt Ferreira stated that the blades would have fit all such saws. Accused No.10, Andrew Mlangeni, had been involved in this case but D/Sgt Ferreira said that it was W/O Bodenstein who had found the receipt concerning the Taunus car (Exhibit YYY) on Andrew Mlangeni and then handed it to D/Sgt Ferreira.
Under questioning Andrew Mlangeni had purportedly told D/Sgt Ferreira that he did not know about this receipt and was just asked by George Naicker to take it to Johannesburg. When D/Sgt Ferreira spoke to Andre Mlangeni in his office on 14th August, 1963, D/Sgt Ferreira told him that he was not being charged in this case he was prepared to give a statement. D/Sgt Ferreira told the court that Andrew Mlangeni had been sober in his interview and, under no pressure, voluntarily gave some answers and would not give others.
D/Sgt Ferreira identified photo No.34 as the car in question and said that he was aware of the fact that it had been found behind the rooms at Rivonia.
Cross-examination reserved.
130th State Witness: Warrant Officer James Hunter Kennedy – The Grays.
Examination-in-chief by Dr Yutar.
W/O Kennedy was one of a number of officers under Lieut. Van Wyk who raided Liliesleaf Farm at Rivonia on 11th July, 1963. W/O Kennedy described travelling in a Dry Cleaner’s van with Sgt Van Der Berg, Captain Kleingeld, Lieut. Van Wyk, and a police dog under the control of an unnamed Constable. Once at the farm W/O Kennedy saw Bob Hepple behind the door of the Thatched Cottage and saw somebody with reddish brown hair trying to disappear out the back window of the room. As he drew neared W/O Kennedy saw Accused No.6, Lionel Bernstein, standing by Bob Hepple and Accused No.7, Raymond Mhlaba, on the left-hand-side of the room. Both Bob Hepple and Lionel Bernstein were looking very nervous when W/O Kennedy told them that they were under arrest.
Outside the room D/Sgt Dirker had arrived and Accused Nos.2, 4 and 5, Walter Sisulu, Govan Mbeki and Ahmed Kathrada, had all been placed in custody. W/O Kennedy said that it was obvious that Ahmed Kathrada’s hair had been dyed and that his and Walter Sisulu’s hair were both much longer than how they now appeared in court. Once in custody no one asked any questions except for Bob Hepple who asked what charge they were being arrested under. W/O Kennedy told him that “later he will learn”. W/O Kennedy searched Raymond Mhlaba and found two documents on him (Exhibits R. 183 and 184).
Thereafter W/O Kennedy began to search the Thatched Cottage and specifically took charge of the documents on the table. All documents he recovered were handed over to D/Sgt Dirker and W/O Kennedy also noticed an ashtray near the place where Bob Hepple had been, which contained burnt scraps of a letter on which the single word “trainees” could be deciphered. W/O Kennedy went on to describe in detail what was found in each of the rooms at Rivonia during the raid.
On 9th October, 1963, W/O Kennedy took a statement from Bruno Mtolo, referred to in court at this stage as Mr X, and was shown to the S.K. Building in Orlando as well as the house of Levy Seloro. Mr X told W/O Kennedy that he was sure that this was the house which received MK recruits because he remembered the black dog which was there at the property. At the house W/O Kennedy found a woman whose name was Anna and found a photograph with a list of names which lead him to search the house of Patrick Abel Mthembu [also given the name Festys Borgustu or Tuku]. Where he found a number of coded letters which he could not decipher and lists of what appeared to be instructions for mixing explosive chemicals.
Abel Mthembu, in turn, had also pointed out the S.K. Building to W/O Kennedy as well as the houses of Andrew Mlangeni and Winnie Mandela. In addition to this Abel Mthembu pointed out to W/O Kennedy the house at 23 Empire Road and all places where he had met with Jack Hodgson.
W/O Kennedy then went on to discuss a meeting at Gandhi Hall he had attended on 25th Novemebr, 1962, during which he had seen Reggie Nadla and Indrus Naidoo, amongst others, who were later sentenced for acts of sabotage. W/O Kennedy told the court that he “assumed that all Indians in the Transvaal are members of the Transvall Indian Congress. W/O Kennedy then went on to discuss the following acts of sabotage, as listed in Annexure B:
Item No.8: On 8th October, 1961, a telephone cable was cut near Meredale, Johannesburg. No arrests were made.
Item No.46: On 3rd September, 1962, a dynamite explosion occurred at the offices of the Bantu Resettlement Board in Orlando East, Johannesburg. The windows and walls of the building had been damaged.
Item No.71: On 7th October, 1962, the base of an electric pylon was damaged by a dynamite explosion in Lyndhurst-Bramley (Alexandra), Johannesburg. In the vicinity of the pylon W/O Kennedy noticed several slogans pained on walls, such as “Free Mandela”.
W/O Kennedy then turned his attention back to the raid of Liliesleaf Farm in Rivonia. He claimed to have taken charge of the search of Room No.1 and, along with D/Sgt Dirker, had found Operation Mayibuye (Exhibit R.71) lying open on the table. W/O Kennedy recalled that Sgt Dirker had shown a clear interest in the document although he himself did not take much notice of that one document lying open on the table amongst others. Those documents found by W/O Kennedy are listed as follows:
Exhibit R.185: Notes on Population in S.A. Found on table. Dr Yutar informed the court that the evidence would be that this was written by Accused No.2, Walter Sisulu.
Exhibit R.186: Note book and various names mentioned with various accounts. Handwriting still to be confirmed.
Exhibit R.172: One party State in South Africa. Found on the table in Room One.
Exhibit R.173: Editorial Notes. Found on the table in Room One.
Exhibit R.174: List of Four Addresses. Found in medicine chest in Room One.
Exhibit R.175: Assegai dated March, 1963. Found on the table in Room One.
Exhibit R.176: The African Communist dated July, 1961. Found on the table in Room One.
Exhibit R.177: South Africa’s Way forward. Found on the table in Room One.
Exhibit R.178: Selected Military Writings by Mao-Tse-Tung. Found on the table in Room One.
Exhibit R.179: Letter to DEAR JAMES by PHILLIP. Found on the table in Room One.
Cross-examination reserved.
131st State Witness: Warrant Officer Daniel Johannes Huggett – SAP, Cape Town.
Examination-in-chief by Dr Yutar.
At the outset of W/O Huggett’s examination-in-chief, Dr Yutar informed the court that he proposed to lead this witness on 25 acts of sabotage which had occurred in Cape Town. W/O Huggett gave evidence of the following acts of sabotage listed in Annexure B:
Item No.1: Fire in Post Box 10th August, 1961. Post burnt.
Item No.2: Fire in Post Box 10th August, 1961. Post burnt.
Item No.3: Fire in Post Box 10th August, 1961. Post burnt.
Item No.30: City Hall, Cape Town. Two petrol bombs were placed in the storeroom beneath the stage. Sedick Levy was convicted.
Item No.33: Caledon Post Office, Cape Town. Fire in Post Box caused by lit cigarette and a box of matches thrown inside.
Item No.38: Riots in Langa Location. A police vehicle was bombarded with petrol bombs, overturned and set alight by protestors. One Bantu Constable had been killed and others injured.
Item No.39: Roeland Street Goal, Cape Town. A home-made bomb had been placed against a door of the gaol and George Peake had been caught in the act and convicted.
Item No.42: Mill Street, Cape Town. Fire in Post Box.
Item No.43: Adderley Street, Cape Town. Fire in Post Box.
Item No.58: An incendiary bomb was thrown through the window of the dwelling of a delegate to Chief Kaiser Matanzima in Langa.
Item No.96: Telephone cable sawn through near Langa.
Item No.97: Telephone cables chopped in Nyanga Location.
Item No.119: Telephone cable sawn off in Phillipe.
Item No.130: An incendiary bomb was thrown amongst government vehicles parked at Cape Town Castle.
Item No.131: On 19th December, 1962, a home-made pipe bomb exploded in the garden of Denis Goldberg’s house.
Item No.144: One of the pipes of the petrol supply tank at Table Bay Harbour was unscrewed, causing petrol to flood out. A rope saturated with petrol had been set alight.
Item No.151: A home-made bomb exploded in a telephone booth on Queen Victoria Street in Cape Town.
Item No.153: A home-made bomb exploded in a telephone booth on Queen Victoria Street in Cape Town.
Item No.164: Telephone cable sawn off in Athlone.
Item No.165: Telephone cable sawn off near Heideveld Railway Station.
Item No.172: Two telephone cables sawn off at Post Office and cement factory in Nyanga East.
Item No.173: Telephone cable sawn off in Phillipe.
Item No.177: Telephone cable sawn off at Nyanga Station.
Item No.178: Telephone cable sawn off near Langa Police Station.
Item No.187: Bantu Beer Hall, Langa. Two bottles containing oil, wrapped in brown paper, were set alight and thrown onto the thatch roof of the Beer Hall.
Having completed the acts of sabotage this witness would be giving evidence on, Dr Yutar informs the court that he had only a few more general matters to deal with in regard to W/O Huggett, which could wait until the next day. Judge De Wet then adjourned proceeding until the following morning.
Sources
Dictabelts: (Vol.54/Belt 134c) (Vol.54/Belt 135c) (Vol.54/Belt 136c) (Vol.54/Belt 137c) (Vol.54/Belt 138c) (Vol.54/Belt 139c) (Vol.54/Belt 140c) (Vol.54/Belt 141c) (Vol.54/Belt 142c).
Percy Yutar Papers:
Handwritten notes from the prosecution for 12th February, 1964 (Ms.385/36/7).
Evidence of Daniel Johannes Huggett (MS.385/5).
Wits Historical Papers:
K1 – K51 Notes of State Witnesses evidence (AD1844.A9.2).
Evidence of J. Huggett (AD1844.A11.6).
Analysis of Evidence: W/O Huggett (AD1844.A18.13).
Key Words
Police Witnesses, Rivonia Raid, Liliesleaf Farm, Johannesburg, Cape Town, Durban, Mr X, Abel Mthembu, Looksmart, Sisa Dukuda, Sabotage, MK, ANC High Command.
