IN THE SUPREME COURT OF SOUTH AFRICA. (TRANSVAAL PROVINCIAL DIVISION.) against

Transcription

1 IN THE SUPREME COURT OF SOUTH AFRICA. (TRANSVAAL PROVINCIAL DIVISION.) In the matter of: THE STATE against 1. NELSON MANDELA, ) being members of an associa- WALTER SISULU, ) tion of persons, within DENNIS GOLDBERG, ) the purview of Section 381(7) GOVAN MBEKI, ) of Act No. 56 of 1955, as AHMED MOHAMED KATHRADA, ) amended, known as The LIONEL BERNSTEIN, and ) NATIONAL HIGH COMMAND, RAYMOND MAHLABA, ) The NATIONAL LIBERATION MOVEMENT, The NATIONAL EXECUTIVE COMMITTEE of The NATIONAL LIBERATION MOVEMENT and the UMKONTO WE SIZWE (The Spear of the Nation). 2. NELSON MANDELA, 3. WALTER SISULU, 4. DENNIS GOLDBERG, 5. GOVAN MBEKI, 6. AHMED MOHAMED KATHRADA, 7. LIONEL BERNSTEIN, 8. RAYMOND MAHLABA, 9. JAMES KANTOR, who in partner- ) an association of persons ship with HAROLD WOLPE, con- ) within the purview of Section ducted his profession under the ) 381 (7) of Act No. 56 of 1955, style of JAMES KANTOR AND ) as amended. PARTNERS, ) 10. JAMES KANTOR, 11. ELIAS MATSOALEDI, 12. ANDREW MLANGENI and 13. BOB ALEXANDER HEPPLE, hereinafter called the accused, are guilty of:

2 SABOTAGE in contravention of Section 21 of Act. No. 76 of 1962, as amended, 2. Contravention of Section 11(a), read with Sections 1 and 12, of Act No. 44 of 1950, as amended, and 3. Contravention of Section 3(1)(b), read with Section 2, of Act No. 8 of 1953, as amended. In that: COUNT 1. SABOTAGE in contravention of Section 21 of Act No. 76 of 1962, as amended. During or about the period the 27 th June, 1962, to the 11 th July, 1963, and at Rivonia and Mountain View in the District of Johannesburg, and at Travallyn in the District of Krugersdorp, as well as at other centres within the Republic of South Africa, the accused, acting in concert and conspiring and making common purpose with VIVIAN EZRA, ARTHUR JOSEPH GOLDREICH, MICHAEL HARMEL, PERCY HODGSON, JOE SLOVO, HAROLD STRACHAN, HAROLD WOLPE, MOSES KOTANE, TENNYSON MAKIWANE, JOHN JOSEPH MARKS, JOHANNES MODISE, PHILLEMON DUMA NOKWE, JAMES JOBE RADEBE, ROBERT RESHA, OLIVER TAMBO, The COMMUNIST PARTY OF SOUTH AFRICA and The AFRICAN NATIONAL CONGRESS, engaged in a course of conduct during which they wrongfully and unlawfully (i) committed wrongful and wilful acts, some of which are detailed in Annexure A, attached hereto, and which were planned and envisaged in terms of their conspiracy, whereby they injured, damaged, destroyed, rendered useless or unserviceable, put out of action, obstructed, tampered with, polluted, contaminated or endangered

3 - 3 - (a) (b) (d) (e) (f) (g) the health or safety of the public; the maintenance of law and order; the supply or distribution at any place of light, power, fuel, foodstuffs or water, or of sanitary, medical or fire extinguishing services; any postal, telephone or telegraph services or installations, or radio transmitting, broadcasting or receiving services or installations; the free movement of any traffic on land; any property, whether movable or immovable, of any other person or of the State, (ii) (iii) conspired with other persons to aid or procure the commission of or to commit, or incited, instigated, commanded, aided, advised, encouraged or procured other persons to commit the aforementioned wrongful and wilful acts of sabotage, preparatory to, and in facilitation of, guerrilla warfare in the Republic of South Africa, coupled with an armed invasion of, and a violent revolution in the said Republic, all of which, terms of their conspiracy, were actively planned and envisaged on a military basis and with hostile intent, in order to disturb, impair or endanger the independence and safety of the Republic of South Africa, possessed explosives, fire-arms and weapons in contravention of Act No. 28 of 1937, Act No. 26 of 1956 and Section 10 of Act No. 54 of 1949, respectively.

4 - 4 - COUNT 2. Contravention of Section 11(a), read with Sections 1 and 12, of Act No. 44 of 1950, as amended. During or about the period the 1 st July, 1961, to the 11 th July, 1963, and at the place mentioned in Count 1 above, the accused acting in concert and conspiring and making common purpose with the persons and bodies mentioned in Count 1 above, engaged in a course of conduct during which they wrongfully and unlawfully performed acts, some of which are detailed in Annexure A, attached hereto, which were planned and envisaged in terms of their conspiracy and which were calculated to further the achievement of one or more or all of the objects of Communism, as defined in Section 1 of Act No. 44 of 1950, as amended. COUNT 3. Contravention of Section 3(1)(b), read with Section 2, of Act No. 8 of 1953, as amended. During or about the period the 1st July, 1961, to the 11th July, 1963, and at the place mentioned in Count 1 above, the accused, acting in concert and conspiring and making common purpose with the persons and bodies named in Count 1 above, engaged in a course of conduct during which they wrongfully and unlawfully solicited, accepted and received money from various persons or bodies of persons, both within and outside the Republic of South Africa, and gave money to various persons or bodies of persons, for the purpose of enabling or assisting the commission of offences, such as are detailed in Counts 1 and 2 above, in support of a campaign against some of the laws of the Republic of South Africa or in support of a campaign for the repeal or modification of such laws or variation or

5 - 5 - limitation of the application or administration of such laws, such campaign being that planned and envisaged in terms of the conspiracy referred to in Counts 1 and 2 above. COLLECTION NAME: COLLECTION NUMBER: Rivonia Trial Collection AD1844 ITEM NUMBER: A1.2 DOCUMENT: Indictment in the matter of: The State against "The National High Command" LEGAL NOTICES This document is part of a private collection, the Rivonia Trial Collection, donated to Historical Papers at The University of the Witwatersrand, Johannesburg. Copyright Notice: All materials on the Historical Papers website are protected by South African copyright law and may not be reproduced, distributed, transmitted, displayed, or otherwise published in any format, without the prior written permission of the copyright owner. Disclaimer and Terms of Use: Provided that you maintain all copyright and other notices contained therein, you may download material (one machine readable copy and one print copy per page) for your personal and/or educational non-commercial use only. Because of the possibility of human and mechanical error as well as other factors, the University is not responsible for any errors or omissions and excludes any and all liability for any errors in or omissions from the information on the website or any related information on third party websites accessible from this website.