HELD AT JOHANNESBURG BEFORE MR. J. DE K. DU PLESSIS.
CASE. NO. L.173/60. DATE: 04/April/1960.
LIST OF ACCUSED:
1. Robert Mangaliso Sobukwe
2. Kitchener Leballo (Potlako)
3. Jacob Nyaosa
4. Zephania Mothopeng
5. Selby Ngendana. (Themba)
6. Lennox Mlonzi
7. Rosette Ndziba
8. John Walaza
9. Daniel Khunou
10. Wellington Rangaka
11. Josias Madzunya
12. Solomon Matkopa
13. Zacharia Mtunzi
14. Abram Mogale
15. Abe Kgare
16. James Thamae
17. Johannes Phashe
18. Lucas Matlou
19. George Ndhlovu
20. Joshua Machaba
21. George Siwisa
22. Lancelot Makgoti
23. John Makgete
CHARGE: As per Charge Sheet Attached.
PLEA: All The Accused Refuse To Plead.
FOR THE CROWN: Mr. J. Robinson
FOR 'THE DEEENCE: All The Accused - In Person.
TRANSCRIBERS: Mesdames: McKenzie, Kuhn, Sykes & Vos.
INTERPRETER: Douglas Rasmen.
BY PUBLIC PROSECUTOR (TO ACCUSED NO. 1, ROBERT MANGALISO SOBUKWE):
Now, on the 19th and 20th of March this press conference that you had just
prior to the 21st of March, what date was that, was that the Friday the l8th.
And this press conference, to which press did you actually… with which
reporters of which newspapers did you have this conference?
ROBERT MANGALISO SOBUKWE: I’m not sure really, almost all of them.
Practically, all of them.
BY PUBLIC PROSECUTOR (TO ACCUSED NO. 1, ROBERT MANGALISO SOBUKWE):
Can you recall whether subsequent to that you noticed whether it did appear in
the papers?
ROBERT MANGALISO SOBUKWE: I Beg your pardon?
BY PUBLIC PROSECUTOR (TO ACCUSED NO. 1, ROBERT MANGALISO SOBUKWE):
Did you notice subsequent to the press conference that it did in fact appear in
the papers?
ROBERT MANGALISO SOBUKWE: In the ’’Vaderland” it appeared on the
same day.
BY PUBLIC PROSECUTOR (TO ACCUSED NO. 1, ROBERT MANGALISO SOBUKWE):
Do you recall seeing it in the Golden City Post on the 20th, 1 think that is
the Sunday?
ROBERT MANGALISO SOBUKWE: I think I did, I wouldn’t recall. I
think in the Sunday Times also on the 20th there was some comment on it,
together with Madzunya’s letter.
COURT RESUMES
BY PUBLIC PROSECUTOR (TO ACCUSED NO. 1, ROBERT MANGALISO SOBUKWE):
Now tell me, is it also one of the aims and objects shall I say of the
Pan-Africanist' Congress, for complete freedom in 1963?
ROBERT MANGALISO SOBUKWE: Correct.
BY PUBLIC PROSECUTOR (TO ACCUSED NO. 1, ROBERT MANGALISO SOBUKWE):
Now, can you tell me whether it is an actual fact - rules or advice - which had
been given to the Pan-Africanist Congress leaders that they should destroy all
original or signed documents?
ROBERT MANGALISO SOBUKWE: I beg your pardon?
BY PUBLIC PROSECUTOR (TO ACCUSED NO. 1, ROBERT MANGALISO SOBUKWE):
Is it a rule applied by the Pan-Africanist Congress that they should destroy
all original documents bearing signatures of leader's and so on?
ROBERT MANGALISO SOBUKWE: No.
BY PUBLIC PROSECUTOR (TO ACCUSED NO. 1, ROBERT MANGALISO SOBUKWE):
Has that been given has that advice however been given to them?
ROBERT MANGALISO SOBUKWE: I beg your pardon?
BY PUBLIC PROSECUTOR (TO ACCUSED NO. 1, ROBERT MANGALISO SOBUKWE):
Have they in fact ever been advised to do so, however?
ROBERT MANGALISO SOBUKWE: No, what they were' advised .to do was
to make sure that personal correspondence did not come into their files,
because what we want to face is a charge concerned with the movement, not
personal opinions of Individuals.
BY PUBLIC PROSECUTOR (TO ACCUSED NO. 1, ROBERT MANGALISO SOBUKWE):
Now tell me, when you say you decided that did you sort of convey it to the
members of the Executive, the various Executives, was it done by circular or
was it done by way of .an address, can you perhaps recall?
ROBERT MANGALISO SOBUKWE: It was conveyed to members of the
National Working Committee by myself, I think.
BY PUBLIC PROSECUTOR (TO ACCUSED NO. 1, ROBERT MANGALISO SOBUKWE):
I’ll tell you why, because amongst the documents found, I think in your house
or your office, they found one here marked No, 1. Of Exhibit “AH”, i.e. page
1-10-5, if you turn this page it starts: “Last Warning Alert.’ and then it’s
the 10th May l959, and this contained certain advice which was given, namely
that all documents containing the private correspondence of or with leaders,
Committee members, should be consistently destroyed or, where such correspondence
is of historical or theoretical importance, reduced into type, omitting the
signature of names, must be filed in a place of safety whilst originals are
destroyed without delay. Actually your answer you gave a few moments ago I
think is also contained in here?
Yes - no, regarding the question of any case that follows must be
on the oh yes, paragraph 1 there says: “If ever P.A.C. is arraigned before the
Courts of the oppressors it should then be charged with its real policy, its
open public declarations by which the leaders and membership are pledged to
rise and form?
ROBERT MANGALISO SOBUKWE: Correct
BY PUBLIC PROSECUTOR (TO ACCUSED NO. 1, ROBERT MANGALISO SOBUKWE):
I think that is the answer which you gave a few moments ago. You say this particular
document; do you perhaps recall it now that we’ve referred to it?
ROBERT MANGALISO SOBUKWE: I recorded those myself.
BY PUBLIC PROSECUTOR (TO ACCUSED NO. 1, ROBERT MANGALISO SOBUKWE
Yes, were these words advice which you gave to the Executives of the planning.
ROBERT MANGALISO SOBUKWE: The part concerning those two that
you’ve read, yes.
JUDGEMENT BY THE JUDGE MR. J. de K. DU PLESSIS: In all the
circumstances set out above, the Crown has clearly proved that all the accused,
except only accused .Nos. 8, 20, 22 and 23, took part in the conspiracy set out
in the charge. There is a strong suspicion that accused Nos. 8 and 22 also
participated but the Crown has not pressed for conviction in their cases and in
the circumstances outlined they are given the benefit of the doubt. The only
evidence that they were members of the Witwatersrand Regional Executive is that
of accused No. 1 who has also stated that Regional Committees were not advised
of the nature of the campaign. It is not clear what the functions of that body
were. There is no other evidence that they took part in the incitement. There
is no evidence at all that the two members, Nos. 20 and 23 participated in any
way. Accused Nos. 8., 20, 22 and 23 are accordingly found NOT GUILTY and
DISCHARGED. I would ask them-to keep their seats in the meantime.
In regard to the remaining accused, there is no doubt that the
Crown has proved that they are GUILTY of the main charge. I find them GUILTY on
the main charge in respect of inciting pass-carrying Natives to commit the
offence of contravening section 15 sub-section (1) paragraph (a) of Act 67 of
1952.
SENTENCE BY THE JUDGE MR. J. de K. DU PLESSIS: Your, offence is a
serious one. Apart from the fact-that Parliament has enacted very heavy
penalties, namely, a maximum of a fine of £500 or imprisonment for 5 years or
both for persons who incite other persons to commit offences by way of protest
against existing Laws etc. the nature of the offence you incited the Native
people to commit, coupled with the manner in which the campaign was to be
carried out, was potentially far reaching in its consequences, particularly on
the Rand with its large Native population and vast Native Labour force.
Not only was it your object to flood the gaols with the
impressionable masses of the Native people, but in that manner you intended-to
paralyse trade and industry and so undermine the economy of the country in
order to compel the Government to change its Laws. Whether a Law is unjust or
is considered unjust or not, the Law, of the land must be obeyed.
The harm done by you, both politically and economically, is
difficult of accurate assessment. This Court must accordingly impose, adequate
sentences, not only as a punishment to you but as a deterrent to others who may
be similarly minded.
I have already set out the manner in which each of you
participated in this offence. This has weighed with this Court in assessing the
sentence to be passed on each of you.
As far as No. 1 Accused is concerned, I must also take into
account that in terms of , paragraph (f) of exhibit 'BD' issued by the
National-Working Committee i.e. the pamphlet 'Calling the Nation', no one can
call this campaign off but he as National President. This does not appear to
have been done 5 on the contrary exhibit 'BG' has been produced here being the
note handed to Accused No. 4 in the Police cells at Marshall Square by a
visitor to the effect that the campaign is being continued.
In all the circumstances Accused No. 1 will be sentenced to THREE
YEARS IMPRISONMENT.
Accused .Nos. 2, 3, 4, and 5 - all members of the National
'Working Committee responsible for giving effect to the National Conference
resolutions in this campaign, are each sentenced to TWO (2) YEARS IMPRISONMENT.
I have carefully considered the parts played by the remaining
Accused Nos. 6, 7, 9, 10, 11,12, 13, 14, 15, 16, 17, 18, 19, and 21 and find it
would be unjust to differentiate between them as far as sentence is concerned.
Each of them has played his part in inciting the masses in terms of the Pan
Africanist Congress plan to ensure the success of the campaign. Each of these
Accused will be sentenced to EIGHTEEN (18) MONTHS IMPRISONMENT.
Judge M.J. De K. Du Plessis
(REGIONAL MAGISTRATE)
TRANSCRIBERS CERTIFICATE
We, the undersigned, hereby, certify that the aforegoing is, to
the best of our ability, a true and correct transcript of the original evidence
recorded by means of a mechanical recorder in the case of REGINA versus R.
SOBUKWE & OTHERS.
SIGNED:
W. Vos; A. Sykes; Z.G. Kuhn; A. Mackenzie; and R. van der Merwe.
(TRANSCRIBERS)
It is crystal clear from the court documents of Sobukwe’s trial in
1960 that Sobukwe in fact held a Press Conference on the 18th March 1960, at
which all the major South Africa media houses were present.
It is also crystal clear from these same documents that the
Sobukwe’s trial, “Regina versus Sobukwe & Others”, was “recorded by means
of a mechanical recorder” by court transcribers namely: W. Vos; A. Sykes; Z.G.
Kuhn; A. Mackenzie; and R. van der Merwe.
So three primary questions arise here:
1. Where the hell are Sobukwe’s tapes from the South African media
(Vaderland, Sunday Times et all)?
2. Where the hell are the Sobukwe tapes from the Department of
Justice?
3. Where the hell are W. Vos; A. Sykes; Z.G. Kuhn; A. Mackenzie;
and R. van der Merwe today?
We shall not rest until Sobukwe’s voice is heard, from Cape to
Cairo, Morocco to Madagascar.
Sobukwe shall never be silenced forever!
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