Item Belt 140b - MP3 - Bruno Mtolo XXD, Harry Bambani XXD

Description

Court proceedings began with a request from Dr Yutar that before the court is cleared for the cross-examination of Mr. Y, Abel Mthembu, he would like to first call eight witnesses, mostly business men and women, to give short testimonies. Judge De wet agreed with this suggestion and there was no objection from the defence. All of these witnesses gave evidence relating directly to Accused No.3, Denis Goldberg, and the interactions them had with him whilst operating under the alias Mr D. Williams.

The testimony of these witnesses painted a picture of Denis Goldberg, as Mr Williams, going to a number of companies and getting quotations and samples of materials which were used for the manufacturing of bombs, landmines, hand grenades, and other articles used for sabotage and guerrilla warfare. It was during the testimonies of these witnesses that the issue of identification caused by the lack of facial hair on Denis Goldberg in the dock arose once again.

Only two of this group of eight witnesses called did not give evidence of business interactions with Mr Williams and instead gave testimonies concerning vehicles parked at the Mountain View, Travallyn, and Rivonia properties.

Mr Berrange and Mr Fischer cross-examine a few of the above mentioned witnesses before Mr Berrange stated the cross-examination of Abel Mthembu. Abel Mthembu is only partially cross-examined on this day as Dr Yutar successfully applied to interrupt proceedings in order to deal with one additional witness who was meant to have testified that morning. As the defence had no objection the further cross-examination of Abel Mthembu was held over until the following day.

Witnesses Called

26th State Witness: Mrs Nola Batchelder – Housewife, Johannesburg.
Examination-in-chief by Mr Krog.
Nola Batcheldar made a report to the Lindhurst police, on the 10th of September, 1963, that a vehicle with the number plate T.J. 116-355 had been parked in the same spot for two weeks. As a result of her report the car was removed the following day by the police. The car had been parked about four miles away from the Mountain View suburb.

Following an extremely brief questioning by Mr Krog, which elucidated the above information from Nola Batcheldar, Mr Fischer raised and commented that he could not see the purpose of this evidence. Mr Krog explained that the evidence was that this vehicle had links to the Rivonia and Mountain View properties and was abandoned at the location near Nola Batcheldar’s house.

Following this Mr Fischer states that there was no cross-examination at this stage. As Nola Batcheldar had to go care for her young children she was immediately released from the court and told that she may be asked to return at a later date.

No cross-examination was ultimately required.

27th State Witness: Herbert Hodes – Manager, Hubby’s Car Spares.
Examination-in-chief by Mr Krog.
As managing director of the firm Hubby’s Car Spares Herbert Hodes had dealings with Accused No.3, Denis Goldberg, who wanted to buy caste iron. Herbert Hodes told Denis Goldberg that they did not sell such material to individuals, only to factories. A few months later, in June, 1963, Herbert Hodes was introduced to Denis Goldberg by Mr Katz who called him Mr Williams. After this Herbert Hodes learnt that Mr Williams was looking to by an engine for a Kombi and offered to sell him one.

Herbert Hodes charged Mr Williams for the engine and delivered it to him. In addition to a certain amount of cash he also received the old Kombi engine from Denis Goldberg. In concluding his examination-in-chief Herbert Hodes recalled that when Denis Goldberg had enquired about purchasing caste iron he had giving him a quote of about R18 to R20 per ton.

Cross-examination reserved.

28th State Witness: Theodorus Palus – Clerk, Johannesburg Licencing Department.
Examination-in-chief by Mr Krog.
As an employee of the Johannesburg City Council in the Licencing Department Theodorus Palus was used by the state to link certain vehicles to the persons, places, and companies implicated in the charges of this case. The first vehicle, an Austin van with the number plate T.J. 116-355, was said to have been registered in the name of Navian (Pty) Ltd, with the address Liliesleaf Farm in Rivonia, and signed by V. Ezra as director of Navian (Pty) Ltd.

The second vehicle identified was registered under the number T.J. 145-279 and was a 1957 model Chevrolet owned by Accused No.6, Lionel Bernstein. The next vehicle, registered T.J. 142-838, was a 1960 model Volkswagen Kombi in the name of Don Williams (No. 33 of Exhibit B). Followed by a Vauxhall Velox, registered T.J. 173-728, in the name of Alexander Hepple, which was changed to T.W. 8619 on 6th of January, 1963 (No.32 in Exhibit B). Next was a Taunas car registered in the name of Michael Alan Harmel with the number T.J. 171-236. The final vehicle identified was another Volkswagen Komi, registered under the number T.J. 56959, under the name of Mrs. Ray Taibe Harmel, who was Michael Harmel’s wife.

Mr Fischer informs the court that there will probably be no cross-examination requested but the defence did not admit that the evidence given by this witness was admissible.

29th State Witness: Desmond Todd – Salesman, F.W. MacKenzie Ltd.
Examination-in-chief by Dr Yutar.
Desmond Todd, like the witness before him, recognised Accused No.3, Denis Goldberg, as Mr Williams. According to Desmond Todd Denis Goldberg had come into his office and enquired about purchasing “wooden shooks” for the purpose of making boxes. Desmond Todd and his colleagues drew up quotations and creating sample boxes for Mr Williams without any knowledge of the purpose these boxes were to be used for. A document submitted as Exhibit T. 3, a record of this correspondence between Mr William and F.W. MacKenzie Ltd, was said to have been found on the Travallyn.

Dr Yutar concludes by informing Desmond Todd that he may require him to come back at a later stage to see if the landmine found at Liliesleaf Farm made use of the same type of box he was involved in creating a sample of for Mr Williams. From the amount of timber Mr Williams was quoted for he would have been able to create 48 000 of these boxes.
Cross-examination reserved.

30th State Witness: Frederick Milburn – Manager, Phoenix Foundry.
Examination-in-chief by Dr Yutar.
Frederick Milburn worked at a firm which manufactured and supplied general casting to the mining industry. Like the two witnesses who proceeded him, Frederick Milburn gave evidence of a Mr Williams requesting quotations and samples of objects which could be used for bombs, landmines, and other explosives used for sabotage. Frederick Milburn was required to produce a sketch (Exhibit 66) and a sample (Exhibit 12) of the castings Mr Williams said he would require a few hundred thousand of.

Dr Yutar informs Frederick Milburn that the state would be submitting to the court a book found in the dining room at Rivonia which had the name of his firm in it. In addition to this the book made reference to Bentonite, a chemical used to produce moulds, and Ash Brothers firm who were the main suppliers of this substance. Lastly, Dr Yutar asks Frederick Milburn to comment on two sketches submitted to the court, one of which he thought was a receiver of sand for mould making (Exhibit T. 5), and the other of which he could not identify (T. 6).

While this witness could not identify any of the accused in the dock, he did identify Denis Goldberg’s photograph in Exhibit D as being of Mr Williams.

Cross-examination reserved.

31st State Witness: Leon Ruff – Technical Manager, Aerflow (Pty) Ltd.
Examination-in-chief by Dr Yutar.
Similarly to the previous witness, Leon Ruff, was not confidently able to identify any of the accused in the dock but was confident the photograph 3 of Exhibit D was Mr Williams. Leon Ruff had been approached by Mr Williams in April, 1963, and asked to give a verbal quotation for a fan or a blower. Leon Ruff gave the quotation to Mr Williams and had little else by way of evidence to offer to the state.

Cross-examination reserved.

32nd State Witness: Franz Marabec – Manager, Bosworths Steel Structures (Pty) Ltd.
Examination-in-chief by Dr Yutar.
As with most other witnesses on this day, Franz Marabec gave evidence about interactions he had had with Mr Williams. According to Franz Marabec he only spoke to Mr Williams for about five minutes in which time he told Mr Williams that his firm was too busy to make the small cupola (furnace for melting steel) he required. Franz Marabec then put Mr Williams in touch with Mrs Levanos who gave him a copy of the drawing of a cupola (Exhibit T. 7) which was also found at Travallyn.

No Cross-examination.

33rd State Witness: Mrs Anita Levanos – Draughtswoman, Bosworths Steel Structures (Pty) Ltd.
Examination-in-chief by Dr Yutar.
Anita Levanos confirmed that she, in her capacity as a draughtswoman at Bosworths firm, was instructed to provide Mr Williams with a drawing of a small cupola. Anita Levanos claimed to have some all of the drawings of cupolas the firm had to Mr Williams and made him a copy of their smallest-sized model. The drawing Anita Levanos had copied for Mr Williams was still too large for his requirements but he took it regardless and told her he would be taking it to another firm to be made up.

No Cross-examination.

25th State Witness: Patrick Abel Mthembu – Saboteur, Regional Command, Johannesburg. (Recalled).
Cross-examination by Mr Berrange.
In cross-examining Abel Mthembu Mr Berrange paints a picture of widespread “restlessness” growing amongst Africans across the country at the time when Abel Mthembu returned to Johannesburg in January, 1963. Abel Mthembu confirms that this was the case adding “… Sikukuneland in 1963, the Transkei 1960, the schools got burnt down, buildings, and after that there were sporadic acts of violence in various parts all over the country”. Mr Berrange then puts it to Abel Mthembu that the MK had been created in order “to control and direct the violence that was then already taking place”.

This attempt to reframe the nature and purpose of MK was unsuccessful as Abel Mthembu insisted that, as far as he knew, the MK was established to carry out its own operations, those which the ANC could not carry out itself, not to carry on with violence that was already present in the Republic. However, Mr Berrange was able to reiterate the point that Abel Mthembu was told “on more than one occasion, that such violence as Umkonto directed, should not result in injury to people”.

Mr Berrange spent a significant amount of time establishing that Abel Mthembu considered himself to be a devoted member of the ANC and MK. This was evidenced by the fact that during the whole of his first 90 day detention in Marshal Square Prison Abel Mthembu refused to make any statement about the ANC or MK to the police. Abel Mthembu was released in August and re-arrested in October when Bruno Mtolo pointed him out to police at his home in Dube from where he was taken eventually to Langlaagte Prison, where he remained as a prisoner at the time of the trial.

Abel Mthembu claimed that “As a result of the fact that Bruno pointed me out, I realised that there was nothing more for me now to hide, because they evidently knew”. Once under arrest for the second time, Abel Mthembu claimed to have denied all knowledge of the ANC and MK for the first few days but ultimately decided to make a statement to the police.

Mr Berrange then draws attention to the instructions Abel Mthembu claimed to have been given by Govan Mbeki at Rivonia to go and meet with recruits in Germiston on the 4th, 11th, and 18th, of May, 1963. Abel Mthembu told the court that when he received these instructions from Mbeki they were given in “European language” because Abel Mthembu spoke Sesotho and Govan Mbeki spoke isiXhosa, which are not mutually understandable. Mr Berrange pushed extremely hard to get Abel Mthembu to admit that he could have potentially have spoken to Govan Mbeki in isiZulu or another African language in the Thatched Cottage. It was important for Mr Berrange to get this, albeit hesitant, answer from Abel Mthembu as it was essential for justifying Ahmed Kathrada’s claim that he, not understanding African languages, was never involved in or paying attention to any conversations at Rivonia conducted in such languages.

Further cross-examination reserved.

27th State Witness: Herbert Hodes – Manager, Hubby’s Car Spares. (Recalled).
Cross-examination by Mr Fischer.
Mr Fischer comments that the witness was unable to provide any exact dates in his evidence and asked if he had any notes stored elsewhere detailing the dates of the events he spoke of. Herbert Hodes informed the court that there were notes of transactions at his office but Mr Fischer stated that these would not necessarily help identify the date one which he first met Mr Williams who he claimed to be Accused No.3, Denis Goldberg. Mr Fischer said this was important because they had evidence that Denis Goldberg was not in Johannesburg during April, 1963, and thus could not have been this person if the meeting took place during that month. Herbert Hodes told Mr Fischer that he simply could not confidently recall the date and was asked no further questions.

Re-examination by Dr Yutar.
Dr Yutar merely confirms that the witness has no dates for this first meeting.

28th State Witness: Theodorus Palus – Clerk, Johannesburg Licencing Department. (Recalled).
Examination-in-chief continued by Mr Krog.
Theodorus Palus was recalled to hand in photo static copies of the sets of documents associated with each of the vehicles identified and discussed during his first appearance on this day. They are submitted to the court, in the order they were originally discussed, as Exhibits HH, JJ, KK, LL, MM, and NN.

No cross-examination.

30th State Witness: Frederick Milburn – Manager, Phoenix Foundry. (Recalled).
Examination-in-chief continued by Dr Yutar.
Frederick Milburn was recalled in order to provide expert insight into a number of sketches and diagrams found at Travallyn. These sketches and diagrams (Exhibits T. 8, T. 9, and T. 10, in particular) concerned cupolas, castings, and other materials which Frederick Milburn claimed could have been used for the manufacturing of landmines, bombs, and other items to be used for sabotage.

No cross-examination.

31st State Witness: Leon Ruff – Technical Manager, Aerflow (Pty) Ltd. (Recalled).
Cross-examination by Mr Fischer.
Mr Fischer asks Leon Ruff the same question he put to Herbert Hodes – if he had any notes of the dates which he referred to in his evidence-in-chief. As with Herbert Hodes, Leon Ruff did not have any note of the exact date and said that his first meeting with Mr Williams could have been at the end of May or the beginning of June, 1963.

No re-examination.

25th State Witness: Patrick Abel Mthembu – Saboteur, Regional Command, Johannesburg. (Recalled).
Further cross-examination by Mr Berrange.
Mr Berrange returns attention to the occasion on which Abel Mthembu introduced Bruno Mtolo to Walter Sisulu, Govan Mbeki, Ahmed Kathrada, and Wilson Mkwyi, and asked Abel Mthembu if Walter Sisulu appeared to be in a hurry to leave. Abel Mthembu said that no such indication was given to him whilst he was in the Thatched Cottage.

Mr Berrange then questioned Abel Mthembu about the instructions he had been given by Govan Mbeki regarding meeting recruits at Germiston. At this point Abel Mthembu mentioned for the first time that the intention was for him to meet these recruits and take them to Andrew Mlangeni. When asked several times by Mr Berrange if he was ever concerned when the groups of recruits he was instructed to meet never arrived, Abel Mthembu simply responded that he was not very concerned at all because this had happened on the very first occasion. When asked why he had waited at least two weeks before reporting to Govan Mbeki at the High Command that the last batch of recruits had not arrived as instructed, Abel Mthembu gave a half-hearted response indicating that he just wasn’t worried about it.

Mr Berrange then put it to Abel Mthembu, “that the reason that [he] never made any report of this sort, to Mbeki, is due to the fact that you never received any such instructions from Mbeki, whoever else you might have received them from”. Abel Mthembu responded that he had received the instructions from Govan Mbeki and this was evidenced by the fact that Bruno Mtolo asked him why these recruits had not been fetched. Mr Berrange then responded, “You see that leads me to the other point – it’s that this discussion which you say that you had with Mbeki on the occasion when you took Mtolo, Bruno, to Mbeki has not been testified to at all by Bruno: He never said one word of it!”.

Another claim made by Abel Mthembu for the very first time during his examination-in-chief was that Jack Hodgson had told him that the High Command was at Rivonia. Mr Krog attempted to dispute this point but Mr Berrange argued that the inconsistency in Abel Mthembu’s answers in his examination-in-chief and cross-examination were indications that he was either confused or tailoring his evidence to fit with that of other state witnesses.

The witness is free to go and free from prosecution as far as the court was concerned.
No re-examination.
Court is adjourned until 10:00am the following day.

Sources
Dictablets: (Vol.50/5A/9c) (Vol.50/5A/10c) (Vol.50/5A/11c) (Vol.50/5A/12c) (Vol.50/5A/13c) (Vol.50/5B/14c) (Vol.50/5B/15c) (Vol.50/5B/16c) (Vol.50/5B/17c).
Percy Yutar Papers:
Handwritten notes from the prosecution for 22nd January, 1964 (Ms.385/36/7).
Evidence of Abel Mthembu (Ms.385/4).
WITS Historical Papers:
E1 – E66: Evidence by: Harry Mbambani, Caswell Zikle Nboxele, Piet Coetzee, P J du Preez, Abel Mthembu, Mrs Batcheldar, Herbert Hodes, Theodorus Palos, Desmond Todd, Fredrick Milbourne, Leon Ruff, Franz Marabec, and Mrs Anita Levanos (AD188.A7.2).
A. Mthembu Evidence (AD1844.A11.5).
B.
Key Words
Key State Witness, Abel Mthembu, Denis Goldberg, Mr Williams, Sabotage, Explosives, MK, Vehicles.