Item Belt 29c - PDF - Donald John Card XD

Description

On this day the state had acquired the services of a new interpreter, Mr Atwell, to translate for witnesses giving evidence in isiXhosa. As the state maintained its focus on the Eastern Cape region during this day having an interpreter who was competent in isiXhosa was essential.

Proceedings began with a few short additional questions by Mr Krog to Reginald Mdubi followed by an initial round of cross-examination by Mr Berrange. Mr Berrange informed the court at the outset that he would not be able to complete his cross-examination today as the defence team would need time to try locate and interview some of the witnesses mentioned during Reginald Mdubi’s evidence. As such he would only pose some general questions to the witness on this day.

Following from Reginald Mdubi was D/Sgt Card of the SAP, East London, who gave evidence of a series of sabotage attacks and acts of violence which he claimed were politically motivated and linked directly to the ANC. D/Sgt Card’s testimony was extremely important for the state’s case. Not only was he able to identify a number of the people who had been arrested in relation to the acts of sabotage and violence in question but he could also tell the court the exact Cell that they had belonged to. In so doing D/Sgt Card’s evidence was able to firmly tie these individuals (and their criminal actions) to the ANC – and by extension the members of the ANC’s leadership who were sitting in the dock.

Other witnesses called on this day were a house worker employed by the Kreils at the Mountain View property as well as a taxi driver from Port Elizabeth who claimed to have been hired by certain of the accused to transport individuals for ANC meetings and acts of sabotage.

Witnesses Called

39th State Witness: Reginald Mdubi – Regional Committee, East London. (Recalled).
Examination-in-chief by Mr Krog continued.
Mr Krog asks Reginald Mdubi if he had ever seen any of the circulars Mgabela received and communicated to the Committee. Reginald Mdubi said that he had seen that they came from somewhere on the Reef but he did not see the envelope.

Cross-examination by Mr Berrange.
As had become habit with witnesses such as Reginald Mdubi, Mr Berrange began with a confirmation that Reginald Mdubi considered himself a devote member of the ANC and its policy of nonviolence. Mr Berrange then goes on to try and deal with some of the confusion concerning the structures of the ANC which arose during this witness’s testimony on the previous day. Reginald Mdubi agreed when Mr Berrange put it to him that the overall National Executive Committee of the ANC was not in the Cape and that it was in fact the Adhoc Committee which was established in the Cape in replacement of the former Provincial Executive. Thus the nine or so Regional Executive Committees, of which Reginald Mdubi was a member, fell under the Adhoc Committee and the Branch Executive Committees reported to their respective Regional Executive Committees.

In focusing on the discussions and tasks carried out by the Border Regional Executive Committee, Mr Berrange exposes that although instructions were received and carried out, to prepare maps of all police stations, forests and plantations, Reginald Mdubi admits that no instructions were ever received to commit acts of sabotage and questions of sabotage were not discussed by his committee. Furthermore, Reginald Mdubi admitted that “So far as the chief volunteer is concerned, he wasn’t allowed to give instructions in regard to political activities in any form, unless it had first been discussed on the Regional Executive and they had authorised him to do so”. This was crucial for the defence case that because no instructions or discussions regarding acts of sabotage were ever brought to, or authorised by, the Regional Committee.

At this stage court was adjourned for 15 minutes and resumed on a somewhat unique point of discussion. Upon the resumption of proceedings Mr Berrange put it to Reginald Mdubi that during the break he had been talking to former state witness Bennet Mashiyane on a bench in the passage outside the courtroom. Reginald Mdubi claimed that he was talking to the African police man seated between the two of them, but Mr Berrange insisted that when he approached the policeman and asked him to separate Reginald Mdubi and Bennet Mashiyane, it was because the two had been conversing with each other. Mr Berrange did not pursue the issue further, but clearly wanted to bring it to the attention of the court.

Attention is then turned by Mr Berrange to the issue of volunteers. Reginald Mdubi confirms that volunteers were first established in 1952, as part of the Defiance Campaign, and were obliged to follow instructions which were in accordance with ANC policy. Mr Berrange then asks Reginald Mdubi if he can recall the code and oath each volunteer was required to sign to upon joining the ANC as a volunteer. Reginald Mdubi said that, aside from never disobeying orders from a senior member of the organisation and proclaiming “Amandla NgaWethu” with a raise fist, he could not recall the rest of what the code dictated.

Mr Berrange then puts it to the witness that this code included, amongst other things, a commitment to: observe personal cleanliness, to be temperate, and to be truthful and disciplined in carrying out instructions of a higher officer “As long as they were within the framework of the ANC policies”. Mr Berrange reminds the witness that he had already told the court that the policy of the ANC was non-violence and then puts it to him that despite this policy of non-violence Reginald Mdubi still carried out the instructions in regard to furthering acts of sabotage given to him by Bongco.

Mr Berrange then completes his questioning for this day and informs the court that he might have to apply to recall this witness at a later stage.

Re-examination by Mr Krog.
Having obviously picked up on the defence’s tactic, to claim that acts of sabotage discussed in Reginald Mdubi’s evidence were carried out contrary to the policy of the ANC, Mr Krog gets the witness to distinguish between the ANC before and after being banned. Reginald Mdubi stated that before the ANC was banned there were no acts of violence but after it was banned acts of sabotage occurred. However, Reginald Mdubi would not admit outright that the policy of the ANC had changed from nonviolence after being banned. Mr Berrange objects to the questioning put forward by Mr Krog and even Judge De Wet interjected at one point, “You cannot cross-examine him Mr Krog!”

Further cross-examination reserved.

40th State Witness: Detective Sergeant Donald John Card – East London.
Examination-in-chief by Dr Yutar.
D/Sgt Card had been a member of the criminal investigation staff of the South African Police stationed in East London for 16 and a half years at the time of his testimony in the Rivonia Trial. During this time D/Sgt Card had dealt with many political matters, such as riots in East London and Mpondoland, as well as other matters involving the ANC. Specifically, D/Sgt Card claimed to have gained a detailed knowledge of the ANC members and organisational structures in what is now the Eastern Cape Province.

After the ANC was banned in 1960, D/Sgt Card claimed that the organisation continued to function. D/Sgt Card spoke of numerous pamphlets containing anti-government propaganda, supposedly issued by the ANC and the African Action Council, and were distributed extensively throughout East London. In addition to this D/Sgt Card claimed to been involved in a number of investigations into anti-government and anti-collaborator slogans which were painted on walls throughout the city.

Of particular significance in D/Sgt Card’s testimony was the strong evidence he gave of several sabotage attacks that had been investigated. Below is a very short descriptive list of some of those acts of sabotage testified to by D/Sgt Card:

No.41 of Annexure B: A petrol bomb was thrown through the window of J.J. Mtoti’s private residence. J.J. Mtoti was formerly a member of the ANC but in 1956 he became a representative of the notorious Chief Kaiser Matanzima. J.J. Mtoti’s leg had been injured during the attack, thus making this item of sabotage particularly important for the state. A man named with the alias Mgabela had been arrested in connection with this attack.

No. 51 of Annexure B: A petrol bomb was set off in the Bantu Administration Offices in Duncan Village, East London. Nobody had been arrested in connection with this attack.

No.101 of Annexure B: The residence of Victor Tangeni had been hit with a petrol bomb. D/Sgt Card claimed that Victor Tangeni was a journalist and an ambassador to the Pondo tribe and at the time of the bombing he was a state witness giving evidence against an ANC member, Tumi Tshune. A pamphlet was also issued, according to D/Sgt Card, which denounced Victor Tangeni for appearing as a witness for the state.

No.102 of Annexure B: On the same night that the residence of Victor Tangeni had been attacked, the home of Dixon Dyani was also targeted with petrol bombs – yet, no damage had been caused. Dixon Dyani was Chairman of the Bantu School Board and politically pro-government.

No. 129 of Annexure B: The bombing of Hoyi’s private residence, referred to by both previous witnesses, was also of particular significance to the state’s case as D/Sgt Card claimed that two young black girls, aged 11 and 14 years old, had been burnt during the incident and one died in hospital from her injuries. D/Sgt Card alleged to have also seen a bullet hole in the wall and recovered a cartridge case from the room that had been destroyed. Washington Bongo had been arrested in connection with this case.

In addition to these D/Sgt Card gave evidence concerning at least 8 other acts of sabotage listed as Items in Annexure B. Most of these concerned the cutting down of telephone poles, tampering with railway lines, and bombing the houses and offices of pro-government individuals. In addition to these acts of sabotage D/Sgt Card also gave evidence of a number of alleged shootings which were not charged in the indictment. One such example was the alleged shooting of a police informer named Dukada who D/Sgt Card claimed had been shot in the spine, causing the spinal cord to dry up, and was expected to die.

D/Sgt Card also dealt with a number of maps police had confiscated from the home of Stephen Tshwere – whom D/Sgt Card claimed was a member of the ANC and the Border Regional Committee. However, in addition to the various acts of sabotage and violence, D/Sgt Card spent most of his examination-in-chief identifying many of those people named in Annexure A as “agents and servants of the accused” from the Eastern Cape area. D/Sgt Card told the court that all of the people he had mentioned as having been arrested in association with acts of violence and sabotage were members of the ANC. To the great benefit of the state D/Sgt Card was even able to identify the particular Cell certain of those arrested belonged to and in so doing was able to firmly tie these individuals (and their criminal actions) to the ANC – and by extension the members of the ANC’s leadership who were on trial.

Cross-examination reserved.

41st State Witness: Emmy Sebone – House-worker, Mountain View.
Examination-in-chief by Mr Krog.
Emmy Sebone was employed as a house worker by Mrs Kriel in January, 1962. In March, 1962, the Kriel family moved to No.10 Terrance Road, Mountain View, Johannesburg, and Emmy Sebone continued her employment there. At the Mountain View property there was a cottage which Emmy Sebone told the court was first occupied by ‘Baas Don’, also known as Don Williams. Having looked around the court, Emmy Sebone identified Accused No.3, Denis Goldberg, as the man in question.

Emmy Sebone also told the court of one occasion, possibly in July, on which Mr Kreel and a woman came by bicycle to Mountain View and were both weeping. Emmy Sebone saw the two of them go into the cottage on the property and remove a number of cardboard box cartons. They then put these cartons in the compost heap in the garden and set fire to them.

In closing, Emmy Sebone admits that Dens Goldberg used to visit the Kriel’s in the main house often and they in turn visited him in the cottage regularly.

Cross-examination reserved.

42nd State Witness: John Tshingane [Shingani, Tshingani] – Taxi Driver, Port Elizabeth.
Examination-in-chief by Dr Yutar.
John Tshingane joined the ANC as a volunteer in 1952 in Zone “O” of Port Elizabeth. As a volunteer his duties consisted of transporting ANC members to meetings. He identified Govan Mbeki and Raymond Mhlaba amongst the accused as people whom he had transported on serval occasions as an ANC volunteer. The three meeting locations he transported ANC members to were at New Brighton, Vyplaas, and Lundini.

John Tshingane told of two occasions on which Govan Mbeki instructed him to go and pick up ‘Mandela’ in his car. On the first occasion John Tshingane took Mandela down to the sea and then back to the house of Jane Magado in New Brighton. The second time John Tshingane transported Mandela, Govan Mbeki, Raymond Mhlaba, and Vuyisile Mini to the house of Dr Patha and was told to leave by Raymond Mhlaba as soon as the passengers had alighted from his vehicle. Interestingly, on this day John Tshingane could not recognise Accused No.1 as Mandela, nor could he describe Mandela’s bodily or facial features at the time he claimed to have met him.

John Tshingane then told the court that on 15th December, 1961, he was instructed to take Govan Mbeki and Silas Mtongwane to the Court Chambers in order to collect certain cartons. Govan Mbeki and Silas Mtongwane were said to have gone into the Court Chambers and returned with three cartons. John Tshingane then dropped Govan Mbeki at his home with one carton and took Silas Mtongwane took the other two out at Kwasekele. John Tshingane claimed that on the following day he was paid for his service by Govan Mbeki and instructed to make himself available again that evening.

On the evening of 16th December, 1961, John Tshingane claimed to have transported Silas Mtongwane, Joseph Jack, Raymond Mhlaba, Makini Mkaba, and two other “umfanas” from the Transkei, a building on Ring Street. The six passengers got out the car and returned sometime later with a bunch of materials which the put in the boot of the car. John Tshingane claimed to have seen a cardboard carton, and sugar bag filled with sand, little pipes “which looked as though they contained mealie meal”, and a substance that seemed to him to resemble a type of black mealie meal. When the six returned with these materials to the car they were accompanied by a European man John Tshingane hesitantly says was referred to as Strachan. This man did not, however, get into the car with the other six and John Tshingane.

John Tshingane claimed that once in the car he was told that the goods they had picked up from Strachan were bombs. He drove and was instructed to stop near a gumtree plantation at Framesby where Silas Mtongwane and the two men from the Transkei got out the car and were told by Raymond Mhlaba to “work nicely”. Thereafter, he drove away with Raymond Mhlaba, Joseph Jack, and Makini Mkaba, and was instructed to take them to the Labour Department so that they could place a bomb there.

At this stage court adjourns and further examination by Dr Yutar is carried over to Monday.

Sources
Dictablets: (Vol.50/7A/26c) (Vol.50/7A/27c) (Vol.50/7A/28c) (Vol.50/7A/29c) (Vol.50/7A/30c) (Vol.50/7A/31c) (Vol.50/7A/32c) (Vol.50/7A/33c).
Percy Yutar Papers:
Handwritten notes from the prosecution for 24th January, 1964 (Ms.385/36/7).
Evidence of Reginald Mdubi (Ms.385/4).
Evidence of Emmy Sebone (Ms.385/4).
Evidence of John Singani (Ms.385/4).
WITS Historical Papers:
F1 – F70: Evidence by: Mrs Nana Weinburg, Mr DG Williams, Lennox Smollan, JC Lankenau, Bennet Nbuyo Nashigana, Reginald Mdubi, Det. Sgt Donald Card, Emily Sebone, John Tshingana, Det. Sgt van Tonder, and Lieut. Swanepoel (AD1844.A7.3).
Evidence: E. Sebone, E. Hlongwane (AD1844.A11.7).
Evidence: R. Mdubi (AD1844.A12.2).
Evidence: DJ Card (AD1844.A12.3).
Evidence: J. Singani (AD1844.A13.1).
Evaluation of evidence: Reginald Mdube (AD1844.Ba9).
Analysis of evidence: Reginald Mdube (AD1844.A18.2)
Analysis of evidence: Det. Sgt Card (AD1844.A18.3)
Analysis of evidence: Emmy Sebone (AD1844.A18.4)
Analysis of evidence: John Singani (AD1844.A18.5)

Key Words
East London, Port Elizabeth, ANC, MK, Sabotage, Police Investigation, Mountain View, Denis Goldberg, Nelson Mandela, Govan Mbeki, Raymond Mhlaba.