Item Belt 7c - PDF - Patrick Abel Mthembu XD

Description

On this day Dr Yutar continued his examination of D/Sgt du Preez and a number of documents seized during the Rivonia raid which were in the hand writing of Accused No.1, Nelson Mandela. In particular, Dr Yutar reads extensively from Nelson Mandela’s dairy and manuscript of a book he had drafted on the idea and practice of Communism as well as a number of documents concerning revolutionary struggles in other colonised and formerly colonised countries. The court is informed by Dr Yutar that D/Sgt du Preez would only be asked to justify his identification of several of the accused’s handwriting at a later stage in the Trial.

Following D/Sgt du Preez the State called one of its key witnesses Patrick Abel Mthembu. According to Kenneth Broun (2012: 60), “The defendants were the most troubled personally by the testimony of Mr. Y, Abel Mthembu, as he was the only person of any standing in the ANC who could be persuaded to testify for the state”. Dr Yutar applied to have Abel Mthembu give his evidence in camera. Judge De Wet agreed to clear the court but told Dr Yutar that he did not think that this tactic was proving very effective at protecting the identity of these witnesses. Jude De Wet argued that their names would inevitably get leaked to the public.

Mr Fischer added that, despite having been largely absent from court until this day, he believed that this practice of evidence being given in camera was resulting in an infringement of the general rights of the accused’s friends and family to attend the proceedings. Judge De Wet didn’t really give much of a response to Mr Fischer and decided to have the courtroom cleared.

During a brief pause in Abel Mthembu’s evidence, Mr Berrange takes the opportunity to ask Judge De Wet for permission to have the following day off. Mr Berrange argued that the time was need to consult with the accused in regard to the evidence this witness was giving. Following from Mr Berrange, Mr Coaker raised and asked for permission to take four to six weeks leave from the Trial on the basis of Dr Yutar’s information that the witnesses called during this time would have no bearing on Accused No.8, James Kantor. Both requests are agreed to by Judge De Wet and the examination of Abel Mthembu continued.

Witnesses Called

18th State Witness: Detective Sergeant Petrus Johannes du Preez – Handwriting Expert. (Recalled).
Examination-in-chief by Dr Yutar continued.
Dr Yutar began by reminding the court that at the end of the previous day he had just completed dealing with Exhibit R. 16 and now intended to move on to the final document found in the Coal shed at Rivonia, Exhibit R. 17 Nelson Mandela’s Diary. Dr Yutar explains that all the words appearing in brackets on the document were inserted by police, who would testify to their meaning at a later stage in the trial, otherwise the document was identified as being in the handwriting of Nelson Mandela.

Dr Yutar read extensively from Nelson Mandela’s diary beginning with the first entry on 3rd January, 1962, detailing a meeting with the NE (National Executive). During his reading of the dairy Dr Yutar informs the court that police evidence would show that the initials A.J. referred to Chief Albert Luthuli, H.J. was Helen Joseph, Govani was Nokwe, Konini [sounds like Komila] was Walter Sisulu, and K. was Ahmed Kathrada.

The last batch of exhibits handed in by Dr Yutar on this day were those found in Arthur Goldreich’s Studio at Liliesleaf Farm during the Rivonia raid. The first of these was Exhibit R. 18, a document in the handwriting of Nelson Mandela concerning the early military organisation of the Irgun Zvai Leumi, an Israeli Zionist paramilitary organization operating in Palestine.

The next to be handed in was Exhibit R. 19, a foolscap size exercise book in the handwriting of Nelson Mandela dealing with the an underground military organisation operating in the Philippines called Huk Balahap. In addition to this, the document also contained at its conclusion an article headed “On War” by von Clausewitz.

Exhibit R. 20 was a 62 page “Croxley” Examination Pad with the heading “Part One – How to be a Good Communist” written by Nelson Mandela. Listed below are some of the extracts Dr Yutar read aloud to the court from this exhibit:

On page 2 (page 259):
“In our country, the struggles of the oppressed people are guided by the South African Communist Party and inspired by its polices.”
On page 5 (page 260):
“We Communist Party members are the most advanced revolutionaries in modern history and are the contemporary fighting and driving force in changing society and the world.”
On page 21 (page 266):
“In South Africa, a Communist Party member must take part in mass struggles initiated by the S.A.C.P., the Congress Movement, or by other political bodies within the liberation movement.”
On pages 26 and 27 (page 268):
“… the Communist movement still faces powerful enemies which must be completely crushed and wiped out from the face of the earth before a Communist world can be realised. Without a hard, bitter and long struggle against capitalism and exploitation, there can be no Communist world.”
On pages 30 and 31 (page 270)
“To sacrifice one’s personal interests and even one’s life without the slightest hesitation for the cause of the Party is the highest manifestation of Communist ethics.”

Exhibit R 21 was an 18 page “Croxley” Examination Pad headed “Chapter Two – Dialectical Materialism” and was a continuation of meditation on Communism which was initiated by Nelson Mandela in Exhibit R 20. Once again, listed below are some of the extracts from this document read aloud to the court by Dr Yutar:

On pages 7 and 8 (pages 284 and 285):
“But the policy of the Nationalist Government, which forcibly suppresses the peaceful struggles of the people, has created new conditions under which nonviolent and peaceful methods of struggle have become inadequate to advance the struggle of the people and to defend their rights. Under these new conditions, it is easy to understand why the masses of the people are searching for a new formula of political struggle which will enable them to hit back effectively and halt the violent and reactionary policies of the Government. Whilst in the past it was correct to preach non-violence, under present conditions it is not correct to go on stressing it as if nothing has changed. There is nothing sacred or inherently superior about non-violent methods of struggle. So long as they are effective weapons to fight for freedom and democracy, they must be employed fully, but it would be wrong to persist with them mechanically and conditions demand modifications."

On page 11 (page 285):
“The people of South Africa, led by the S.A.C.P., will destroy the capitalist society and build in its place socialism…”

On pages 12 and 13 (pages 285 and 286):
"Hence the transition from capitalism to socialism and the liberation of the working class from the yoke cannot be effected by slow changes or by reforms as reactionaries and liberals often advise, but by revolution. One, therefore, must be a revolutionary and not a reformist.

Finally, if development and change in things take place by way of collisions between opposite forces, then it is clear that the struggle between workers and capitalists is natural and inevitable. Hence we must not try to preach peace and harmony between workers and capitalists. We must stimulate and encourage class struggles. We must call upon workers to conduct a ceaseless war against the capitalist class and for socialism."

Dr Yutar informed the court the reason for his reading of certain sections from this document was in order to provide a definition of Dialectical Materialism which, Judge De Wet could decide, either corresponded with that given by Bruno Mtolo or not.

Exhibit R. 22 was the third part of Nelson Mandela’s writings on communism entitled “Chapter Three – Political Economy” which took the form of a 16 page foolscap sized document. Dr Yutar does not analyse this document beyond commenting on the fact that it sets out the five social classes identified in classic Marxist teleological theory.

Thereafter, attention is placed on Exhibit R. 23, which was an index to Exhibits R. 20, R. 21, and R. 22, and also gives an index for Parts Four, Five and Six of Nelson Mandela’s writings. This document was the only one submitted on this day which was not identified as being in the handwriting of Nelson Mandela but it was found in the study of Arthur Goldreich.

The second to last document submitted on this day was Exhibit R. 24, a handwritten 65 page manuscript headed “Strategic Problems of China’s Revolutionary War”, from which Dr Yutar read very little to the court. And, finally, the last document submitted by the state which was found in the Study at Rivonia, was Exhibit R. 25 a 13 page document entitled “Guerrilla Warfare by Che Guevara”. Dr Yutar read several extracts from these handwritten notes which were a summary of certain points taken from the book “Guerrilla Warfare” by Che Guevara, a copy of which was found in Arthur Goldreich’s Studio at Liliesleaf Farm and submitted as Exhibit R. 6.

Following his reading of extracts from Exhibit R. 25, Dr Yutar informs the court that he had concluded his examination of the witness, however he would be recalling D/Sgt du Preez on several more occasions in the future in order to submit additional documents identified as being in the handwriting of some of the accused and named co-conspirators and only at on his final appearance would he explain the reasons for his identification of handwriting. To this Mr Fischer raised and asked Judge De Wet if it was not possible to have this witness give all of his evidence at once, as was the standard practice in legal proceedings, and not be dealt with piecemeal. When asked his reasons for this approach by the judge, Dr Yutar said that it was solely “just to avoid the task and the monotony of having to read a whole lot of documents at one stage” and that is why he decided to intersperse them. Whilst both Judge De Wet and Mr Fischer did not believe that this would necessarily prejudice the defence, Mr Fischer did warn that it would lead to a further backlog of documentary evidence and, by extension, delays in court proceedings in the future.

Cross-examination reserved.

25th State Witness: Patrick Abel Mthembu – Saboteur, Regional Command, Johannesburg.
Examination-in-chief by Mr Krog.
At the outset of Abel Mthembu’s examination-in-chief he is warned by the court that the state thinks he may be regarded as an accomplice with the accused. As such, the law provides that if he gave satisfactory evidence he would not be prosecuted on the charges which were currently before the court.

Abel Mthembu joined the ANC in 1954 and was a member until the organisation was banned in 1960. Abel Mthembu stayed in Basutoland from August, 1961, until January, 1963, because he was ill and was unable to tell Mr Krog what was happening in regard to the ANC and the wider liberation movement at this time. When he returned to Johannesburg in January, 1963, he met with named co-conspirator Joe Modise and was told by him that a new organisation had been formed called Umkhonto we Sizwe. Joe Modise was said to have explained to Abel Mthembu about some of the acts of sabotage which MK had carried out on 16th December, 1961, and that they were working together with the ANC.

Upon hearing of these acts of sabotage carried out by MK, Abel Mthembu claimed to have asked Joe Modise directly if the ANC had dropped its policy of non-violence, and if so why this was the case. Joe Modise said that the higher authorities would explain the situation to Abel Mthembu and shortly after, in the evening, he took Abel Mthembu to the Thatched Cottage at Rivonia to meet with Joe Slovo. In addition to Joe Slovo, Abel Mthembu claimed that Walter Sisulu was in the Thatched Cottage on the evening he first arrived at Liliesleaf Farm in Rivonia.

Abel Mthembu told the court that once in the Thatched Cottage, Joe Slovo explained the formation and purpose of MK to him in the following way:

“He went on to say that Umkonto We Ziswe was the child of the African National Congress. Further he said that Umkonto We Ziswe was formed for that portion to carry out sabotage acts, and that they had to take care that people should not get killed or injured. That is, it does not mean member of Umkonto We Ziswe only, all people. Whilst they are committing sabotage acts, they must see that people don’t get killed and injured.”

It was undoubtedly important for the defence that this key state witness, like Bruno Mtolo, stressed the instructions to avoid harm to human beings without being prompted to do so by leading questions. Abel Mthembu claimed to have then asked Joe Slovo if the ANC had in fact now adopted the policy of violent struggle. He was told that the issue had been discussed by the Executives of the ANC, the Congress Alliance, and President Luthuli, and it had been decided that the struggle was now in its “second phase [which] was that of committing sabotage, but in such a manner that people did not get injured”.

Mr Krog pushed Abel Mthembu to give a clear answer as to what had been decided by these various bodies but was interrupted by Judge De Wet who interjected, “Well, that he said Mr Krog. He said they had now decided to come to violence”, to which Mr Krog replied, “Thank you my Lord”. This is interesting because the clarity of this answer did not come from Abel Mthembu himself, but from what Judge De Wet had inferred from his statement about the struggle having entered its second stage.

Abel Mthembu claimed that Joe Slovo then told him that he was to be a member of the Johannesburg Regional Command which already included Accused No.9, Elias Motsoaledi, and Jack Hodgson who was Chairman. He was informed that his specific duties would be to recruit young Africans to be sent out of the Republic for military training and, thereafter, return to carry out the work of MK. In addition to this task, as a member of the Regional Command Abel Mthembu was also responsible co-ordinating and administering between the various sabotage groups in the Johannesburg area.

All this, as well as the strict secrecy required from members of the Regional Command, was communicated to Abel Mthembu by Joe Slovo on the first occasion he went to Rivonia. Although Joe Modise and Walter Sisulu were said to have made some contributions to the discussion, Abel Mthembu could not remember anything they had said in particular.

The second time Abel Mthembu was taken to Rivonia by Joe Modise he was met in the Thatched Cottage by Jack Hodgson. Jack Hodgson repeated the information given by Joe Slovo and added that he and Elias Motsoaledi were on the Technical Committee of the Johannesburg Regional Command. In addition to this Jack Hodgson explained that he was in charge of the sabotage groups in the towns and Elias Motsoaledi was in charge of those in the locations. Furthermore, he was told that for each three groups there was a Platoon leader who would correspond with their respective supervisor from the Regional Command.

While some of this was told to Abel Mthembu by Jack Hodgson at Rivonia, a significant portion to this discussion took place at a house near Hillbrow, No. 23 Empire Road. It was at this location that Jack Hodgson instructed Abel Mthembu on how to prepare black powder. On the second occasion Abel Mthembu was taken by Jack Hodgson to No. 23 Empire Road they were met by Elias Motsoaledi and Accused No.10, Andrew Mlangeni. During this meeting Jack Hodgson introduced Andrew Mlangeni to Abel Mthembu as “the would-be transport officer”.

Abel Mthembu told the court of meetings between himself, Elias Motsoaledi, and Jack Hodgson, in which they planned acts of sabotage in Johannesburg and Pretoria. In particular he described the acts of sabotage submitted as Item No.148 of Annexure B but Mr Krog was forced to concede to the court that “the date there [in Annexure B] is given as January, which does not correspond with this evidence”. This was because Abel Mthembu’s evidence suggested that this, and other sabotage attacks, took place between February and May, 1963.

After a series of sabotage attacks, some successful and others not, Jack Hodgson was placed under house arrest and Abel Mthembu had to take up his responsibilities of corresponding with the High Command at Rivonia. For this reason Abel Mthembu returned to Liliesleaf Farm in Rivonia and met Accused No.4, Govan Mbeki, Accused No.5, Ahmed Kathrada, and Wilton Mgwai. Govan Mbeki gave Abel Mthembu the instructions that he was to go to Germiston and meet recruits coming from across the country. He would recognise the leaders of each of these groups by a signal – the opening and closing of a small umbrella – and a secret code word.

On one occasion Abel Mthembu was instructed by Andrew Mlangeni accompany him to meet Bruno Mtolo who, he was told, was coming to attend a SACTU conference and to receive training. Andrew Mlangeni supposedly said that they should go to meet this person from Durban personally to see if he was a trustworthy and desirable person. As such the two went to Levy Siloro’s house were they met Bruno Mtolo, and having satisfied themselves that he was not a spy, they left and Andrew Mlangeni made the necessary arrangements for Bruno Mtolo’s training.

Sometime after this first meeting, Bruno Mtolo was brought to Abel Mthembu’s house by Levy Siloro and said that he wanted to meet with the High Command. Abel Mthembu told Bruno Mtolo that in order to go to the High Command one needed to have an invitation. The next day Abel Mthembu went to Rivonia and told Govan Mbeki about Bruno Mtolo’s request to visit the High Command. Govan Mbeki asked if Bruno Mtolo had come with another person and Abel Mthembu replied that he had not. Nevertheless Govan Mbeki told Abel Mthembu to bring Bruno Mtolo to Rivonia the following day.

Abel Mthembu borrowed Mrs Winnie Mandela’s car and took Bruno Mtolo to the Thatched Cottage at Rivonia were he introduced him to Govan Mbeki, Walter Sisulu, Ahmed Kathrada, and Wilton Mgwai. Needing to return Winnie Mandela’s car, Abel Mthembu left shortly after he had made introductions and was not party to the discussion which ensued in the Thatched Cottage thereafter. The only discussion he claimed to have had before leaving was with Govan Mbeki and Bruno Mtolo concerning the batch of recruits who were not met at Germiston by Abel Mthembu. According to Abel Mthembu he had been given the wrong date by Govan Mbeki but Govan Mbeki simply stated that it “was not important now” and the conversation was concluded.

Abel Mthembu identified Wilton Mgwai, also known as Bree-Bree [Bri-Bri], as having come from Port Elizabeth and having previously been one of the accused during the Treason Trial. He went on to explain that Walter Sisulu was also known by the name Allah, Ahmed Kathrada went by the name Pedro, and Govan Mbeki was sometimes called Dlamini. He could not recall other occasions when he visited Liliesleaf Farm but did mention that he had seen Bruno Mtolo on two other occasions. The first was at the Germiston Station where Bruno Mtolo borrowed R10 from Abel Mthembu not long after the two had gone to Rivonia together; and the second, was when Bruno Mtolo come with the police and pointed the witness out as Abel Mthembu, resulting in his immediate arrest.

Abel Mthembu described going with the police and pointing out the places he had visited at Rivonia, No.23 Empire Road, S.K. Building, Winnie Mandela’s house, and Andrew Mlangeni’s house. He did this because the police had suggested that he was lying in his statement and did not know the places he claimed to have visited.

In closing his examination-in-chief Mr Krog asks Abel Mthembu to explain to the court exactly what he did in regard to his responsibility of recruiting young Africans for military training. Abel Mthembu stated that he had recruited one young man by the name of Vincent Makubo but, other than that, he had nothing to do with recruits being sent out of the Republic.

At this stage Mr Krog completes his examination-in-chief and court is adjourned until Wednesday morning at 10:00am.

Sources
Dictablets: (Vol.50/3B/150b) (Vol.50/4A/1c) (Vol.50/4A/2c) (Vol.50/4A/3c) (Vol.50/4A/4c) (Vol.50/4A/5c) (Vol.50/4B/6c) (Vol.50/4B/7c) (Vol.50/4B/8c).
Percy Yutar Papers:
Handwritten notes from the prosecution for 20th 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, Mr Y, Johannesburg Regional Command, Rivonia Exhibits, Nelson Mandela, Joe Slovo, Govan Mbeki, Elias Motsoaledi, Walter Sisulu, Andrew Mlangeni, Jack Hodgson, MK, High Command.