the Peac Movemente as I, said ha, ad muc wideh objectivr e

20959. MR. LI3BENBERG

the Peace Movement, as I said, had a much wider objective

than mere National liberation - mere defeat of the present

government; they were working towards a much wider goal

and in that respect, my lords, they did approve of every-

thing that was done by the Liberation Movement? they

harnessed all the support they could get, but their objec-

tive was, as I say, on a wider world sphere where final

victory for Communism would be assured.

Now, my lords, when one sees the activities

of the Peace Council in this light, then my submission is

that there cannot be any question about the close link

between the Peace Council and the National Liberation

struggle in South Africa. There cannot be any question

about its approval of the methods to be followed. I shall

deal with that later, but it was linked closely to that

and it was trying to influence the Liberation Movement

where it could for that wider objective that it had in

mind.

My lords, as far as the participation in

the activities and its support for the Congress of the

People Campaign is concerned, I would like to refer your

lordships first of all to a document E.106(A) which is

a printed Transvaal Peace Council circular, entitled

"Transvaal Peace Council", with the name of L. Levy typed

in as secretary. Now, at page 1923, line 21 to 27,

it says "The Secretariat has decided to send an observer

to the Congress of the People and to have a Peace

exhibition. (b) Document A.249 entitled "Documents of

Organisation with which I dealt with yesterday, my lords;

at page 1867 it deals with the draft report prepared by

the Peace Council on questions of policy and organisation.

20960. MR. LISBENBERG

On page 913 line 18 to 22 it refers to the Congress of

the People Campaign and the need for peace in the Freedom

Charter.

Then, document E .26(A) is a typed letter of

the South African Peace Council dated 24-/9/55, addressed

to the Transvaal Peace Council, the Natal Peace Council

and the Cape Town Peace Council. At page 1866, line 7

to 25, it refers to their special tasks to see that

peace becomes an integral part of the Freedom Charter.

Then E.336 which is a South African Peace Council letter

dated 10th October, 1954, addressed to the Provincial

Peace Councils; at page 2235, line 12 to 15, it mentions

that a set of notes to guide peace workers in relation

to the Congress of the People has been prepared and would

be sent to them.

Then fifthly, my lords, document E.35(A) which

is a Capetown Peace Council letter dated 9th November,

1954, addressed to the South African Peace Council, and

signed by Sonia Bunting. In this connection I would

like to mention for your lordship's information that Mrs.

Joseph at page 14303 said that this document was a cor-

rect reflection of the Peace Council's attitude towards

the Congress of the People.

Now, at page 1870, line 4 to 20 it states

that the opportunity created by the Congress of the People

Campaign was being used to spread the idea of peace.

Then, my lords, attached to that letter were

a few letters in this exhibit; the second letter is dated

20th February, 1954, addressed to the South African Peace

Council and signed by S. Bunting, secretary; at page

1869, line 27 to 30, it says that the Capetown Peace

20961. MR. LIEBENBERG-

Council is represented on the Congress of the People 1

Action Council . . .

BEKKER J; On the top of page 3, you start

"See 2(b) (c) letter? . Is that the same as E.35(A)

MR. LIEBEHBERG-; Yes, that is what I was trying

to explain, my lord, E35(A) consists of a number of let -

ters. Mrs. Joseph identified the first one, the second

one I referred to - she didn't say anything about that,

but my submission is that that shows what it says, that

the Capetown Peace Council is represented on the Action

Council of the Congress of the People in the Cape. 10

Then, my lords . . .

BEKKER J; Does the letter say exactly what form

the representation took?

MR. LIEBENBERG % It just mentions the fact that

this Cape Town Peace Council was represented. That's all 15

it says, my lords.

BEKKER J; Yes .

MR. LIEBENBERGs My lords, I would now draw

attention to the fact that in the possession of the Peace

Council were found E,24, "The World We Live In" , at page

1865; E .25 , "Change is Needed", record page 1865? my

submission is that the possession by the South African

Peace Council of these lectures shows a knowledge of the

type of State aimed at by the Congress alliance.

My lords, I have this paragraph entitled

"Admissibility of documents" which shows just where

these documents were found. I do not propose to read

that to your lordships.

Then I turn to Section "E " , in further sup-

port of the previous submissions, my lords, and my submission

20966. MR. LIEBENBERG

is that the South African Peace Council subscribed to

the view that the world was divided into two blocks,

the Capitalist and the Communist blocks; that the

Socialist revolution was in progress in Asia . . .

BERBER; The Socialist or social. . . .

MR. LIEBENBERG; A social, my lord5 it uses

the word 'social'. That a social revolution wasin pro-

gress in Asia against land tenure; described as the old

landlords system which was so easily overthrown in China,

and is being overthrown in Indo-China and Malaya. This

Social Revolution is further described as one against the

form of economic exploitation eagerly watched by the ex-

ploited masses in South Africa, and my submission is

that this speech was made by Guy Ralph (?) at the Inaugural

Conference of the South African Peace Council on, accord-

ing to the record, page 833Q line 28 - to 8331? line 29 -

the witness, my lords, was D/H/Constable van Papendorp,

and my submission is that this speech made again on the

platform of the South African Peace Council, and obviously

Guy Ralph was there as a supporter of the Peace Movement,

shows that the Peace Council's attitude - - well, may

I frame it in another way, my lords - - this speech goes

a long way towards showing the line of the Peace Council

- what type of State it would find acceptable, and clearly

in my submission, my lords, it shows an anti-Capitalist

and pro-Communist . . . .

BEKKER Jt Did the spsker use the words

"The Capitalist and the Communist blocks"?

MR. LIEBENBERG; No, my lord, that is my

submission; I submit that that is to be inferred from

that portion of the speech which says that a Social

209 68, ME. LIEBENBERG

Revolution was in progress in Asia . . . 1

MR. MAISELS (interrupts) (inaudible).

MR. LIEBENBERG-; I am indebted to my learned

friend. My lords, the idea of the division of the world

appears from A»248, the document entitled "The Peace

movement and the Congress of the People", record page 5

904, line 21 to 26, which states that the victories of

the peace movement were not won without a most difficult

struggle against those circles who were determined to

maintain the cold war and increase the division of the

world into hostile groups, and that the reactions of 10

people everywhere prevented the United States from using

bombs in Korea.

Then on page 905, line 27 to line 32, a

passage from the same document,my lords, reveals approval

for the proposal put forward by the U.S.S.R. for the 15

European Security Conference. My submission is that

these passages reveal an anti-Western and pro-U.S.S.R*

attitude.

Then I come to a document, my lords, E.80

which is a typed document, "Peace activities in Natal"

which was handed in at the record page 1919. Now it

has no author, it has no date, my lords, but it is in

my submission what it purports to be, namely news of

peace activities in Natal, and, inter alia, in the body

of the document is contained the report to which I make

reference here, that Mr. Seedat who was a member of the

Natal Peace Council - he was an executive member and had

passed the resolution at the Natal Indian Congress -

judging from the evidence which will emerge under his

name in the column which deals with the membership of


these people - - it will show that he was the person who

was the liaison officer, as it were, between the Natal

Peace Council and the South African Peace Council, who

submitted reports on peace activities in Natal, and he in

my submission as a matter of fact, my lords, - - I wanted

to refer to EAT(a) as an example of a report that he sub-

mitted to the Transvaal and Natal Peace Councils. My

submission, my lords, is that the Court cansafely regard

this report as an authentic expression of the line of the

Peace Council, and it is found in the office of the S.A.

Peace Council, and it deals with that resolution moved by

Seedat at the Natal Indian Congress on World Peace - -

BEKKER J: You see, there is evidence to show

that this person Seedat did move a resolution at the Natal

Indian Congress.

MR. LIEBENBERGs My lords, I did not check that.

I'm not sure that we have the evidence available because

your lordships will see it doesn't mention the date of

this meeting, so that I can check for instance on meetings

of evidence of meetings of the Natal Indian Congress, but..

BEKKER Js Well, if you come across such refer-

ence let us have it.

MR. LIEBELBERG° I will give it to your lord-

ships. My lords, as I have already said Seedat was a

member of the Natal Peace Council - evidence of D/H/Const.

Truter at page 8712; D/Sgt. van Staaden at 8714 shows

that he was a member, and of D/H/Constable van Papendorp

at pahe 8328 shows that he attended the S.A,Peace Council

Inaugural Conference in Johannesburg.

Now, my lords, it was further the view of

this Council that the government of South Africa was part

20965. MR. LIEBEBBERG

ofthe War camp and system of military alliance, and an

ally of those bent on crushing the liberation and inde-

pendence movements, and preparing for war. That appears

from the document A.248, the Peace Movement and the Con-

gress of the People, page 908 line 20 to 24; and I also

refer with respect to Mrs. Helen Joseph's evidence on

page 14320, line 15 to 22, in which she said that it was

the Peace Council's view that South Africa was associated

with the West.

Then Mrs. Joseph's evidence on page 14292, line

24 to 30, and 14293, line 20 to 28, confirms that the

S.A.Peace Council regarded Russia as a country genuinely

working for peace, while the United Ststtes of America and

Great Britain were not regarded as such, and in passing

I might just mention that here, too, she expressed the

view of the Peace Council, that the Imperialists, that

Imperialism was the possible cause of war. Your lord-

ships will remember in paragraph C„4 yesterday I gave a

reference which was not in point,

I now proceed to Section F, my lords, "That in

the events in the International Sphere the S.A. Peace

Council condemns Imperialism, and Colonialism and its

maintenance by force, and I refer with respect to the

speech of Ruth First which is contained in E.62, report

of the South African Peace Council Conference of the

21st to the 2 3rd August, 1953, at page 1910, line 1 to

25. My lords, I can assure your lordships that I've

checked these references and all these speeches that I've

mentioned in sub-paragraphs ( i ) ( i i ) and ( i i i ) relate to

the statement that I've made, that the Peace Council con-


demned Imperialism and Colonialism, and its maintenance

by force. Especially do I refer to the evidence of

Mrs. Joseph about this . . .

RUMPFF J; Was she then speaking on the S.A.

Peace Council . .

MR. LIEBENBERG; Yes, my lord; it may be con-

venient at this stage, my lords, to say that I did go

through the evidence in the time at my disposal - I

wanted to find certain references in her evidence, and I

was unable to do so, so that I shall confine myself to

giving your lordships references to her evidence which

relates to the S.A.Peace Council.

Now the second submission, my lords, is that the

S.A.Peace Council supported the Liberation struggle in

Korea, Kenya, Indo-China, "Vietnam and Malaya, and condemned

the violence used by the Foreign powers to oppress the

movement in question. We submit that the S.A.Peace

Council acted in this manner with the following objectss

(a) To show solidarity with the peoples in

those countries? (b) to use the facts of those struggles

as examples to the Liberation Movement in South Africa

and (c) to emphasise by implication the need for violent

action by the Liberation Movement in South Africa to

achieve liberation . . .

RTJMPFP Js That is your submission?

MR. LIEBENBERGs Those are my submissions, my

lords.

RUMPFE J; Yes.

MR. LIEBENBERG s Now the first document in

support of those submissions is E.44 which is a type-

written document entitled "Transvaal Peace Council -

/ 20967. MR. LIEBENBERG

Discussion Notes on the Peace policy," and it's undated. l

On page 1893, line 13 to 1894, line 1, it states the

connection between war and the Colonial system and men-

tions Korea, Malaya, Vietnam, as countries where war is

already raging. It also relates to the struggle of the

non-Europeans for freedom to the struggle for world peace, 5

and states that the Liberation Movement in South Africa

can be the means of mobilising the masses in the worldwide

struggle against the warmongers.

Now here in my submission appears support for

the submission I made earlier, that the Peace Council wanted 10

to use the National Liberation struggle in South Africa

as a link with that world wide struggle against Imperialism,

working towards its main objectives.

And E.35A, my lorda, a roneoed circular issued

by - entitled "Cape Town Peace Council - addressedto 15

Dear Friend" - - it is dated the 16th July, 1954, bearing

the name of S.B.Bunting as the secretary. At page 1870,

line 29 to 1871 line 11, it refers to the threat of world

war due to determination of Imperialist states to suppress

the attempts of Colonial peoples to win self government.

It mentions the agonies - I quote this - "The agonies of

Korea" - I quote again - "The tragic events in Korea and

Malaya, the heroism of the Vietnamese", which events show

the closeness of the link between peace and liberation.

It contains the following passage, I quotes

"In helping the people of other countries who are contend-

ing against the forces of Imperialist aggression, we in

South Africa who are struggling for our own liberation

v/ill help ourselves." And I submit, my lords, this is

a very important statement, because in expressing admira-


tion for the heroism of the Vietnamese who are engaged

in physical combat, linking their struggle with the

Liberatoiy struggle in South Africa. The readers, the

general masses, the public, were clearly urged to follow

the example of those people.

And, my lords, I may just mention this, that

this document, circular on page 1871, line 12, ends with

an invitation to a Conference to be held in the City Hall

in Cape Town on the 8th August, on the subject of War

and National liberation, so it shows in my submission

without any doubt that the Peace Council was using the

struggles in those countries for a definite purpose,

to show the people in South Africa how they can conduct

their struggle.

My lords, then I come to a document E.39

"Imperialist threat to peace in Africa", and this document

is familiar to your lordsnips because its value was dis-

cussed when we dealt with the argument on Communist dogma.

This document was found in the office of the Peace Council

in a typed form as well as in a manuscript form - the

two forms of this document, - and it bears no date or no

indication of the author, but my submission is that if

one analyses the contents of this document and one com-

pares that with the rest of the evidence relating to the

S.A.Peace Council, with the other expressions of points

of view, which in my submission is a safe guide I'm

not suggesting itrs the only guide but it is a safe guide

to judge on the validity of a document - on the part it

played in determining the policy of the organisation.

Now if one looks for instance at the speech to which I

have referred at the Inaugural Conference of Guy Ralph

t 20969 MR, LIEBENBERG

where he spoke of the social revolution in China, and 1

where the system of land tenure was overthrown, if one

looks at the speech of Hilda Watts on that same occasion,

where she spoke against Capitalists and the Capitalist

Maniacs, if one looks at the speech of Thompson on the

2nd August, 1954 > where he spoke of the setback the 5

United States received in China, and the speech of Kathrada

on that same occasion - that is the 2nd August, 1954 -

also lauding the successful struggle against Imperialism

in China then, my lords, I submit that this document

can safely be taken as an indication of the line of the 1 0

Peace Council, and it deals with a topic, with a matter

which very closely concerns the South African Peace

Council.

BEKKER J: Does it take it any further than these

other people have already taken it?

MR. LIEBENBERG; My lords, in the sense that

I would say that it 's realljr a repetition of what the

others had said; it 's more in concise form because it

deals with the social revolution in China.

BEKKER J; All we know, as presently advised}

of E .39 , is that it is a typed copy, a manuscript copy

found in the offices of the Peace Council without any-

thing to suggest that it was acted on or that it was

published; that is all we knowc

MR. LIEBENBERG; That is so, my lord. I did

put this document to Mrs. Joseph but she said that she

was out of the offices of the Peace Council and she

didn't know.

RUMPEP J; It has a heading, has it? "Imperial

ist threat to peace".


MR. LIEBENBERG % That is so, my lords. My lords,

I submit it does give an indication that being found in

the offices of the S.A.Peace Council goes some way towards

showing it is concerned with the activities of this Peace

Council. It would have been a different matter, my

lords, in my submission,if this document had been found

elsewhere; but being found in the offices of the Peace

Council . . . .

My lordss I was giving your lordships the other

references to other speeches, the other documents which

contain the same theme as in this; I may briefly say that

this document really relates to the establishment of the

Socialist governments of China, North Korea, to the fact

that Capitalism is forced to fight desperately for its

survival in Malaya, Indo-China and in many more countries

and the surging tide of National liberation indicated that

Colonial exploitation was rapidly drawing to an end, and

that the people of Asia rejected Imperialism.

I submit, my lords, that the inference is

again here that a favouring - I can put it no higher than

that - a favouring of revolution against Imperialism, and

favouring the ejection of Imperialism forcibly.

My lords, then I wish to turn to E .9 , which

is a typed Minutes of the South African Peace Council

meeting on the 28th November, 1953. I see I have omitted

reference to the record - that is page 1856, line 21 to

26, my lords, one of the resolutions of the Peace Council

condemning the cruel and indiscriminate manner in which

hostilities are being waged in Kenya and calling for an

end to this futile and barbaric war.

E. 40, my lords, a roneoed document entitled


"Africa for Peace" - and there I would like to refer to

Mrs. Joseph's evidence on page 14312 where she gave a

summary of this document, portions of this document and

said that a certain passage was the view of the Peace

Council; that really related to the military action of

Sovereign States against dependent territories, being

as much war as the conflict between States, and she came

back to this document on page 14841 when she identified

it as a South African Peace Council document from its

context. Page 14841, my lords.

My lords, on page 1888, line 2 to line 25 there

is a passage which demands an end to the war in Kenya

and justifies the revolt in Kenya, and I quoteL "As

the natural human revolt against misery and poverty and

especially having such iniquities imposed by foreign

domination".

E. 62, my lords, Report of the Eirst South

African Peace Council Conference, the speech of Ruth

Eirst on page 1910, line 1 to 27, which condemns the

forcible Colonial rule in Malaya, Kenya and Korea. Here

I may indicate, my lords, that Mrs. Joseph stated that

this speech of Ruth First's represented the policy of

the South African Peace Council, and she said that at

page 14298, line 20.

Then, my lords, I wish to refer to a document

E.77, a typed document entitled "Cape Peace Council's

statement of Aims", stating that the Peace Council con-

siders Colonial slavery and Imperialist aggression as

causes of War, and demands the withdrawal of troops from

Indo-China, Malaya and elsewhere.


Then I refer to a document H.12 entitled

"There is no freedom without peace" issued by, or pur-

ported to have been issued by the South African Peace

Council. My lords, I may indicate here that this docu-

ment H.12 was seized by H/Constable van Papendorp at

the KLiptown Congress of the People on the 26th June,

1955. That appears from page 1972 of the record, but

I would like to say that it is the same as PD.48, my

lords, which was found on the same occasion at the Klip-

town Congress of the People on the 26th June, 1955, by

Sgt. Sauerman of the Cape. Now, Sonia Bunting was a

member of the South African Peace Council. That appears

- the fact of the finding of this document - appears at

page 4570 of the record, my lords, and I submit that

this document can safely be used as a Peace Council

document. . .

RUMPFF Jt Why do you say it is a South African

Peace Council document?

MR. LIEBENBEBG Because, my lords, it is a hand-

bill ; on it it says "Statement issued by the South

African Peace Council", and then, my lords . . .

RUMPFF J; Yes, alright.

MR. LIEBENBERG; Now this document, which is

read into the record at page 1981, line 1 to 15? demands

the immediate ending of the brutal wars in Malaya and

Kenya, with the recognition of the rights of the people.

Then I refer to a document C.110, a South

African Peace Council Bulletin dated July, 1954, which

was found by D/H/Constable van Papendorp on the 27th

September, 1955» in the offices of the South African

Congress of Democrats, in the presence of Yetta Barenblatt


- that appears at page 1513 of the record. Now, my 1

lords, this document is a South African Peace Council

Bulletin; it's entitled "South Africans for peace".

It contains the following passage on page 1623, line 30

to 1624, line 6. It poses the question why the people

of Kenya have teen resisting the heavily armed forces 5

of the British Government and states that the answer was

to be found inter alia in poverty, racialism and oppres-

sion suffered by the people' then I quote "These are

the reasons why the Kenya people are to-day struggling

courageously against British troops in a war started by 10

the British Government to make Kenya safe for the monopolies

of European settlers, and as a future war base." It is

submitted that the implication in this article is that

i f the Kenya people could struggle courageously gainst

fearful odds, then the non-European masses in South 15

Africa who are also suffering, according to its point of

view, should do likewise.

My lords, I submit that this affords a very good

illustration of the atticude of the Peace Council.

Nov/ I come to certain passages of Mrs.Joseph's

evidence, my lords, and the only one I wish to refer

your lordships to is the one that appears at page 13949

of the record where she was speaking on all the Congress

Organisations and she said "We identified ourselves with

the Liberation Struggles in those countries as those people

were suffering from the same denial of fundamental rights

My lords, all these references - the only one,I would ask

your lordships with respect to delete the other references

in paragraph 11 and in paragraph 12 . . .

BEKEER J5 The one you've read; you ask us >


to delete all the other references?

MR. LIEBENBERG-s The one I read stands, ray

lords; I ask you to delete all the other references.

BEKKER J; Why?

MR. LIEBENBERG; My lords, because I am trying

to "be safe; it's just that on the other occasions she

referred for instance - she was dealing with the Congress

of Democrats, she was dealing with the Federation of

South African Women - - -

RUMPFF J; But this reference on 14590 where

she says that they identified themselves with the Libe-

ratory struggle in Indo-China, Czechoslovakia etc., not

with their methods. Now, that is a proper reference.. .

MR. LIEBENBERG; As I say, my lords, I was

merely trying to be cautious; she was speaking, and your

lordships will remember it very well - she was speaking

on behalf of the whole Congress Movement. My lords, she

was giving evidence - she started off by dealing with

the Indian Congress; then she dealt with the A.N.C.;

then she dealt with the Congress of Democrats, with the

Federation of South African Women; then at times with

the whole Organisation. It's very difficult, my lords,

to pinpoint and try and put her evidence in sections as

it were and say "this only relates to the Peace Council"

and "that only relates to so and so", because she was

speaking - - if I may deal with that briefly, my lords -

she was saying that the Congress Movement had a non-

violent policy, that it wanted to modify the present State

it was not against Capitalism; it wanted to do away with

the Racialist policy; and in that connection, my lords,

she was speaking on behalf of the whole Organisation, and


when she refers to the Liberation struggles elsewhere

she was saying that they identified themselves with the

objects, not with the methods. I shall deal with tiiat

as I go on, my lords, because I want to show your lord-

ships that nowhere in the Peace Council literature did

that point of view ever appear as being adopted; nowhere

- it is here for the first time that we heard that there

was an artificial dividing line between methods and objects

On the contrary, my lords, when these people say "Look at

the courageous struggle in Kenya, look at the struggle in

Vietnam', and by supporting those people we help ourselves"

they were not saying, my lords, "We must be a bit careful

about the violent methods of those struggles" , they were

concerned with the objects and in my submission they were

not concerned with what methods were adopted. As far as

they were concerned it could be violent methods, and I will

ahow , my lords, that the Peace Council definitely allied

itself with the idea of violent methods.

My lords, I may refer,at the bottom of the page

your lordships will see a reference to her evidence at

pge 14846, where she emphasised the S,A,Peace Council

view of indivisibility of peace and liberation, and the

one that I have already dealt with, that they identified

themselves with those liberation struggles, and I submit,

my lords, that nowhere in the vast amount of the S.A.

Peace Council literature is there any note to be found

of a condemnation of violent action resorted to by the

Colonial peoples. And nowhere did they separate methods

from objects, as I have already stated. They lauded the

heoric struggles, they emphasised for instance the case

of Kenya, "Look how they are fighting there against the


fearful odds, heavily armed British troops, and they are

struggling courageously". The implication, my lords, is

there, that they favoured that type of struggle.

My lords, then I come to Section G which deals

with Methods. In regard to the methods of struggle to

he employed it is submitted that although the South African

Peace Council did not advocate violent action in specific

terms the undermentioned statements by prominent members

make the inference irresistable that their minds were

running along the lines of violent action, and that in

the event of circumstances being propitious for a violent

uprising they would not hesitate to endorse such action.

My lords, yesterday I referred to the speech

of Hilda Watts, which she made at the Inaugural Conference

of the Peace Council, record page 8335, line 22 to 30,

stating that the beliefs of the Peace Movement were that

all forms of fighting were not necessarily wrong in all

circumstances, and that not every solution now there

I submit, my lords, there is obviously an error - - what

she meant was 'not every problem* can be settled by

negotiation, otherwise that passage would not make sense,

my lords.

Then I also referred your lordships yes-

terday to the speech E.217 of Jean Paul Sartoe; I had

overlooked for the moment the fact that I have embodied

the references to that speech in the written heads of

argument. Your lordships will see the references in this

paragraph where the person deals at page 1817 line 9 to

1818 line 11, with the just wars, wars of liberation,

waged by Colonial peoples, and condemning the use of atom

bombs because it enables the warmongers to wage war without


the aid of the people. My lords, this I submit is a very

interesting article. The author, Jean Paul Sartoe was

dealing with the role of the masses, the role of the

people in the struggle for liberation, and he condemns

the atom bomb because he said that enabled the warmongers

to make war without the agency or the help of the people

- - the underlying assumption being that the warmongers

would never be successful if they were to try and employ

the masses in theirs truggles. Therefore it condemned

the use of the atom bomb for that purpose and it was

lauding the just war, the war of liberation, which comes

from the history of the C,P.S.U, my lords, a Communist

concept. This speech, my lords, I indicated to your

lordships, was reproduced in "Fighting Talk" issue - I

think of round about March, 1955, and here I would like

to make a correction - not really a correction, perhaps

just to state it more expressively. I did mention yes-

terday that Mrs. Ruth Slovo was joint editor of "Fighting

Talk"; I didn't try to convey by that that she was at

that time necessarily linked with the Peace Council,

because she had been banned, but the association was

there at some stage, my lords - it wasn't very difficult

for her to have access to the Peace Council material or

to get the material for publication in "Fighting Talk".

And, my lords, I submit that by the reproduction of that

speech of Jean Paul Sartoe it clearly shows that the

Peace Council allied itself, associated itself, with that

sentiment expressed by the person in that document,

My lords, Ifm sorrs^ to have to come back to

this document A.248, but it deals specifically with the

question of struggles. On page 903> line 9 to 179 it


states that every conquest won in the course of the

struggle for National Liberation constitutes an advance

of the Peace Forces of aggression, and (2) every success

of the Peace Movement represents an advance for the forces

of liberation over the forces of aggression and oppression,

at page 910, line 17 to 20, it states that every blow

struck against the present Government would represent an

important victory for the Peace forces. I submit that

these passages show without doubt that the Peace Movement

would approve of any violent action taken by the Liberation

Movement, and I submit, my lords, if violence was to be

excluded from it's propaganda, then this document A.248

which was prepared with such thoroughness, which seemed

to deal with all the issues - various issues affecting the

Peace struggle - - then in this very document one would

have expected them to say that "We separate method from

object", "We don't approve of violent action."

I submit, my lords, if one reads this document

as a whole one gets the impression that the Peace Council

was emphasising the indivisibility of the struggle of

peace with the struggle for liberation, and says that

every conquest, every success, every blows truck would

be a support for the Peace Movement.

And, my lords, then in paragraph E - I don't

want to burden your lordships with repetition of these

principles of indivisibility of the struggle for peace

with the struggle for liberation ; it 's clearly repeated

by Kathrada and the speech that I mentioned there, Resha's

speech, Watts' speech, document E.77, to which I have

already referred, and document E.78, a roneoed document

circular issued by the Cape Town Peace Council. Nov/ I've


not referred to that document previously, my lords. This

was the passage - the relevant passage appears on page

1918 line 5 to line 10, and I have already referred your

lordshis to E.44 and E.48.

Now, Mrs. Joseph, at page 14312 says that the

aims of the Congress of the Peace Movements are - - at

page 14846 she gave the following evidence, that it was

the attitude of the South African Peace Council that the

employment of methods to obtain liberation in South Africa

was left to the whole Congress Alliance, and I realise,

my lords, that this portion of her evidence must be read

in the light of the whole of her evidence which emphasised

the non-violent policy of the Congress Movement, but I

do submit that it goes some way to show the close co-

operation between the Peace Council and the Congress

Movement.

My lords, then I would ask your lordships to

ignore the references to paragraph E . . .

BEKKBR J% Must we delete that? The whole of

it?

MR. LIEBENBERG; Yes, my lords, I think so,

RUMPEE J; Is this because it's a personal

view?

MR. LIEBENBERG; Yes. . . .

RUMPEE Js Or not clearly the viewof the

Peace Council?

MR. LIEBENBERG; That is it, my lord. Some

of them, my lords, I can refer to but really I would

suggest tnat her evidence as a whole could be dealt with

more effectively when her personal position is analysed,

because here it is not of much importance really.


The documents, my lords, in many cases contradict her

evidence.

My lords, then I refer to Paragraph G: It

is submitted that there is no indication in the evidence

about the South African Peace Council to indicate that

the Congress Alliance should employ strictly non-violent

methods, or that the South African Peace Council took

some steps to disassociate itself from the Congress

Alliance in the event of violent measures being resorted

Now I 'd like to read paragraph H, then I ' l l

come back to this points 11 If one takes into account

the fact that prominent members of the Congress Movement

also held prominent positions in the South African Peace

Council, that those very members either made violent

speeches at the A.N.C. or other meetings, or heard such

speeches being made, one cannot escape the conclusion

that the South African Peace Council was quite prepared

to endorse violent action even when decided on by the

Congress Movement."

My lords, Mrs* Joseph's evidence was that

non-violent pressure was to be exercised on the electorate

to get a change of the position in South Africa. My

submission is that if non-violent pressure on the elec-

torate was their real method of struggle, then all

reference to violent conflicts and the emphasis on

actions of Colonial peoples are totally irrelevant,

and they don't fit in to the scheme of the Peace Council.

Yesterday, yourlordships will remember we were dealing

with the question of negotiation and his lordship, Mr.


Justice Bekker said there might possibly be a third way, 1

rather that we could discuss it. Now I submit, my lords,

I should deal with that question here, that if one looks

at the activities and speeches, pronouncements of the

Peace Council, one finds only two alternatives as it were 5

the present situation, the present set-up #iich they 5

condemn, and indicating that a change should be made,

and then indicating how other people sought, or are seek-

ing to achieve the change, and nowhere did they suggest

any middle course, and although I submit it is possible

for one to see a possible third way it is not what the 10

Peace Council in its literature propounded. Eor that

reason, my lords,I submit that all their references to

violent struggles elsewhere, the way those struggles

were conducted - the lauding of those struggles - was

done with the specific object of conditioning the people 15

in South Africa for a similar struggle. Otherwise, I

say, my lords, that their references to those would be

completely irrelevant. Then they could have issued a

circular saying that they stahd for negotiation and

20

that they are not interested in the s truggles elsewhere.

But on the contrary they do not do that.

Now, my lords, your lordships will see

I say; "The fact that prominent members of the Congress

Movement also held prominent positions in the A.N.C,

and that very strong speeches were made", and I submit,

my lords, that it is inconceivable that the Peace

Council through the means of its members who represented

it or who addressed or heard speeches made that the A.N.C.

would not have heard - after all the Peace Council is 30


constituted of people like Resha, like Kathrada and other

persons who expressed themselves very strongly on many

occasions. Mrs. Joseph heard many speeches. Now, this

is perhaps a good illustration with respect, my lords.

Mrs.Joseph's evidence was to the effect - on page 14789 -

she denied the implication of violence in the speeches

of Resha generally; then she denied the implication of

violence in speeches made by him on specific occasions,

for instance at page 14801 to 2 the speech that he made

at the West Street secret meeting on the 22nd November,

1956, at the A.N.C. Sophiatown meeting on the 7th November,

1954 - that appears at page 14680 - - the speech made

by Sejake at the Ereedom Charter Committee, Johannesburg,

on the 18th September, 1955. Now, my lords, first of all

I . . .

BEKKER J; She says she wasn't present when

those speeches were made; she was dealing with them

here in the witness box.

MR. LIEBENBERG: Except that she was present

on the occasion of the Sophiatown speech of the 7th

November, my lord. . .

BEKKER J. Is that the Germiston language -

the Beerhall language speech?

MR. LIEBENBERG; Where he spoke of a major

clash - they must warn the people that a major clash

would take place in Sophiatown, my lords.

BEKKER J; Which one is that please.

MR. LIEBENBERG; First of all I would like to

deal with the position in this form, my lords. Mrs.Joseph

was an Executive Committee member of the Peace Council.

She attended meetings where strong speeches were made,


and I submit, my lords, that knowing her organisations

as she did, knowing that their policy was to stand with

close co-operation with those organisations, then surely

it must have dawned on her that something was being said

and that a distinct line was being taken by this Congres

Movement eith which they seemed to co-operate - and she

should have been put on her guard there and then, and

Mien informed her Executive and say "We must be careful

about co-operating with the A.N.C. this is the line that

is adopted by Executive members of the A.N.C" 5 but

nothing of that kind ever happened, my lords. A man

like Resha, an Executive Committee member of the Peace

Council, enjoyed himself, if I may use the word,when

he addressed meetings of the A.N.C. and elsewhere,

and freely spoke of violence. I submit there is not

the slightest doubt that he .was propagating violent

action, and Mrs. Joseph, when she denied the implication

of violence in those speeches, was clearly associating

herself with Resha. I cannot understand, but I would

like to suggest that her denial of the implication of

violence is unsatisfactory, and coupled with all the

other factors, all the other circumstances associated

with the Peace Council's policy and expressions of

point of view, - all that should be taken into account

in determining whether or not the Peace Council was in

favour of violent action.

BEKES R J; Just enlightenme on this point.

Take the speech of the 22nd November, the 'Murder Murder

speech?

MR. LIEBEEBERGs Yes, my lord.


BEKKER J; Now Mrs. Joseph wasn't present

at that meeting; it was put to her here in the witness

box and she gave her views.

MR. LIEBENBERG; Yes, my lord.

BEKKER J; Now tell me - assuming her evidence

is to be rejected as you submit here it should be - - this

rejection of her evidence will strengthen the Crown's

contention that the Peace Council was in favour of violent

action." I'm not quite certain that I follow how that

is so.

MR. LIEBENBERG; That reflects more especially

her evidence in relation to this speech, my lord - - reflects

more on her credibility; I was dealing here in my submission

with her general evidence about Resha; the general impli-

cation of violence in speeches that she heard.

BEKKER J; That I understand . . . .

MR. LIEBENBERG; On that basis I can quite see

that this speech of the 22nd November should be deleted

from consideration here, because in the light of my sub-

mission she could - - she had not heard th±3 speech . . .

BEKKER J; I can understand this position;

a member of one organisation standing for peace listening

to a speech made by a partner which suggests violence;

that this member will say "Now look here, just let us

enquire a little bit into matters; I heard him make such

and such a speech"; that I understand. But the other

position is the latter one, that I don't quite follow.

A speech not heard.

MR. LIEBENBERG; That is why I say, my lord,

as far as Mrs. Joseph is concerned the speechthat she

idn't hear couldn't be of assistance, but then as far as


Resha is concerned, my lord, also an Executive Committee

member of the Peace Council who actually made the speech,

as far as he is concerned I submit he is, if I may call

it that, a fighter through whom the Peace Council

might . . . .

BEKKER J; It 's not a possibility to be con-

sidered. He may say well, now, look here, on the

occasion of the 22nd November, I know the Peace Council

is a non-violent organisation, but I'm talking here on

A.N.C. policy, and when I say murder, you murder. Now,

couldn't that enter into consideration, which destroys

your submission.

MR. LIEBENBERG; But, my lord, there is no

suggestion anywhere that the Peace Council had a non-

violent policy. There is no suggestion that it was a

pacifist body, my lords. There was no indication.

Resha spoke onthe Peace Council platforms . . . .

BEKIER J; In your submission the mere

fact that a man happens to occupy two positions on an

Executive, and he speaks on one occasion in violent

terms, from that you must infer that when he is acting

in the other capacity he is still of the same view,

or that the policy of the latter is violent?

MR. LIEBENBERG; If I may put it this way

it would certainly have been the means of conveying

to the Peace Council the nature of the other organisa-

tion with which it was associated so closely.

My lords, I want to come to this last section

"H" , The co-operation between the South African Peace

Council and the other organisations. My submission is


that it co-operated so closely and supported the activitie

of the other organisations to such an extent that the

inference becomes irresistable that the South African

Peace Council had knowledge of, and approved of their

policies, to work to overthrow the State. And then I

indicate the close links between these various organisa-

tions. This section, my lords, is rather lengthy and

perhaps I should indicate to your lordships that the

first seven paragraphs relate to the association between

the Peace Council and the other organisations , other

bodies, in this whole Congress Alliance, for instance

"New Age", "Advance".

Then paragraph 9 of this sections I set

out here the membership of the Peace Council. That is

rather a long list, my lords, setting out the documents

which indicate the membership; names of witnesses who

testified to the membership of the persons concerned.

Then, my lord, there is a section, paragraph 10, of this

same section which deals with meetings by other organisa-

tions. That appears on page 23 of this long list, my

lords. I'm not relying, my lords, on the contents of

speeches; I'm merely indicating how the Peace Council

members were active generally in the activities of the

whole Congress Movement.

Then, my lords, in paragraph 11 I deal with. . .

BEKKER Js May I just take you back to page

24, Mr. Liebenberg. On the top you've got "A.N.C.Sophia-

town, Resha". Was he at this meeting on behalf of the

Peace Council or the A.N.C?

MR. LIEBENBERG: He was there on behalf of


the A.N.C. That's why I'm merely showing, my lords,

that this is not an exhaustive list; it is just a

list that I felt might . . . .

BEKKER J; But the heading misleads one, you see.

"Meetings of other organisations attended or addressed by

P.Council members."

MR. LIEBENBERG; But not on behalf of the Peace

Council, my lord. That is the qualification here, my

lord - not on behalf of the Peace Council.

BEKKER J; Well, 'attended or addressed by

South African Peace Council members not on behalf of".

MR. LIEBENBERG; Not on behalf of, my lords.

I'm sorry, my lords, perhaps I have to qualify it in

one slight respect and that is in connection with the

Rev. Thompson who addressed the C.O.P. Anniversary meet-

ing on the 26th June, 1956, where he spoke as a Peace

Council member. As I say, my lords, I merely try to

show - - for instance to take an example - the Rev.

Thompson was also at other meetings organised by other

bodies, like the Congress of Trade Unions, the Congress

of Democrats, the C.O.P. meetings and so on - just to

show that they had access to the other organisations -

that they attended their meetings - that they knew the

line that the other organisations were taking.

My lord, in paragraph 11, I have a submission

about how the Peace Council used the channels of the

Congress Movement to strengthen its own propaganda.

Then I have a section 12 which deals with literature

generally - literature distributed and so on. My lords,

I do not know whether I should go through all these

documents one by one, which are mentioned in seven

20988. MR.LIEBENBERG

paragraphs which show the strength of the co-operation i

between the Peace Council the A.N.C. , and so on, except

that there is a qualification. A very slight difference,

ay lords, but yesterday I made a statement in the open-

ing part of my address that the A.N.C. and the Indian

Congresses were instrumental in convening the First 5

Transvaal Peace Council. I've checked on that, my lords,

and it's really the Transvaal leaders of the African,

Indian, Coloured community - theleaders of those congresses

were instrumental in convening the First Transvaal Peace

Council. And coupled with that is the fact that the 10

principal office bearers of these organisations occupied

the prominent and leading positions of this organisation.

My lords, I want to try and save time if possible

and I can start dealing with the co-operation between the

Peace Council and the A.N.C, but I submit these documents 15

as I have indicated here are clearly admissible against

- for instance the first two documents, A.263 (1) and

A.262 are clearly documents which were found in the offices

of the A.N.C. and they show a link with the Peace Council.

I submit that as far as the A.N.C. is concerned certainly 20

those two documents are admissible to show the co-operation

with the Peace Council.

RUMPFF J; I think you might just deal with the

question of violence now, in your paragraph H. You say

that the S.A.P.C. co-operated very closely and supported

th© activities of the other organisations to such an ex-

tent . . . . . " Well, now Let's assume that all the documents

to which you refer show co-operation, and the fact that

the members, some of the members ofthe Peace Council were

members of the other organisations — leading members - - 30


this is also shewn - -

MR. LIEBENBERG; Starting with paragraph 9, my

lord, on page 6.

RUMPFE J; And the other features to which you

rely on. Assume that that is disclosed "by the evidence;

than your argument is, on the assumption that there is

this co-operation, that there is knowledge that a leading

iamber of the Peace Council is also a leading member of

the A.N.C. and so there must be deemed to be knowledge -

and the inference then becomes irresistable that the

S.A.P.C. had knowledge of and approved of their policy

- that's the other organisation's policy - - to work

for a violent overthrow of the State. Now I think it

has been stated here by Crown representatives that the

Crown case is not that the Congress Alliance's policy was

to work for a violent clash in the sense that it encouraged

its members to commit violence against the State, but that

it wanted to organise the masses on a two-fold basis,

(1) eventually to provoke the State into action, to

suppress such action as the masses might take, and 2)

to encourage the masses to clash finally with the State.

MR. LIEBENBERG; There is nothing complicated,

my lord. . . .

RUMPFF J; On the basis that the Crown's case is

that the Congress Alliance wanted the masses to act in a

manner so as to provoke the State into action against

them - that is the first stage . . .

MR. LIEBENBERG; I associate myself with that,

my lord.

RUMPFE Js Now do you wish to add to your sub-

mission on this basis? Do you say that that was, according


to the prosecution, the policy relied upon here, by

the Prosecution; that is the policy which the Prosecu-

tion says the Congress Alliance had?

MR. LIEBENBERG; Yes, my lord. Your lordships

will remember I dealt with the documents which were issued

by the Peace Council, circulars for instanee from time to 5

time - - other general statements which conveyed this

idea to the masses; for instance, with particular

reference to struggles in other Colonial countries, to

condition them for a similar action in South Africa.

RUMPFP J; Yes. But is there anything in par- 10

ticular that you want to say; you say that the facts

which you advance here,co-operation to be inferred from

the documents, correspondence and the fact of dual

membership - - that that gives rise to an inference

that the Peace Council had knowledge of this policy? 15

MR. LIEBENBERG; Yes, my lord. That is

the effect of this whole submission, my lord. I would

have liked to deal with one section, section 11, just

briefly, my lord; that appears on page 24 which also

bears out this submission that I've made, that -the 20

S.A.Peace Council used the channels afforded by the

Congress Movement for spreading its propaganda, and

E.26(A) is the South African Peace Council typed letter

of the 24th September, 1954, addressed to the various

sections of the Peace Council in South Africa, stating

that the numerous C.O.P. meetings would provide oppor-

tunities for putting over peace policy. Then the speech

of Tundray, my lord, made at the Inaugural Conference

in August, page 8330, line 14 to 25, where he stated

that they must see that the Peace Movement goes out amongst


the masses and that the struggle against Racial discrimi-

nation, the Group Areas Act and Passes, was part of the

struggle for peace. There, with respect, my lords, your

lordships will find the same view expressed. And it

was very neatly put in the document E.44 on page 18, line

2, lines 16 to 22, which was the Transvaal - the type

written Transvaal Peace Council document, discussion notes

on Peace policy, and my lords, unfortunately there is a

typing error here, and I 'd like to correct that. It

should read, or rather my summary should read as follows:

Tour lordships will see paragraph (c) - Document E.44 -

reference to page 1892, stating that the struggle of the

non-Europeans and of the democratic Europeans against

oppressive laws, is in itself a struggle for peace.

There, with respect, my lore's, the same idea.of

organising the masses, linking their struggle for libera-

tion with the struggle for peace.

In A.249, my lords, there is a useful passage,

with respect, "Problems of Organisation" - page 912,

line 20 to line 23, stating the necessity in the Peace

work for linking the aims of the struggle for peace

with the National and local interests of the population.

There, again, my lords, the same theme recurs.

(COURT ADJOURNED POR 15 MINUTES )


ON THE COURT RESUMING i

MR. LIEBENBERG; May it please your lordships,

I continue with . . . .

RUMPFF J; Is section 6, speeches, the section

(a) , the .S.A.P.C. conference - Thompson?


RUMPFF J: Then there is one at (b).

MR. LIEBENBERG; Yes. . . .

RUMPFF J; Referring to the setback received

by the United States in Korea.

MR. LIEBENBERG; Yes, my lord. Now at the bottom

your lordships will see I quoted "We must march together in

making a new world", and I stop there. Now my learned

friend draws my attention to the last sentence in this

paragraph, and I would like to read it, my lords. I do

not want to give any wrong impression but my submission

is that this doesn't make any difference. He sayss

"We must march together in making a new world. Mr. Nehru,

the Prime Minister of India, that great fighter for peace,

has again done his bit'1' „ Now, my lords, we know from the

evidence that Nehru was also anti-Imperialist and fight-

ing for the cause of world peace. . . .

RUMPFF J; Is that the only portion that you

want to read? That Nehru has also done his bit?

MR. LIEBENBERG ; That's all, my lord. I submit

that that does not make any difference.

My lords, I would like to deal briefly with the

question of the Peace Council's role in disseminating

material of the World Peace Council. I shall not detain

your lordships on this point. Unfortunately I haven't

had time to have this typed out; I was wondering if I

20993. MR. LIEBEMERG

coulcl perhaps have it typed out, my lords, and present it

to your lordships later. It 's just to show how the

speeches made out the World Peace Council's sessions

were distributed; for instance, to use an example,

a speech ipade or purported to have been made by a

Chinese representative, Kuomojo, at a World Peace Council

session, was distributed at the South African Peace

Council Conference on the 2nd August, 1954, according to

D/Sgt. van Heerden on page 8690 of the record, and Chief

Luthuli's evidence on page 13678, saying that Congress

allowed the Peace Council and perhaps the World Peace

Council to spread their propaganda at Congress meetings,

and E.320, record page 2222, which is a South African

Peace Council letter to the Capetown Peace Council enclosing

25 copies of Burnell's speech and 25 copies of the World

Peace Council message and resolution, and 25 copies of

Niemauler's speech.

My lords, I am referring to this because I

want to suggest that in the light of this evidence it is

clear that the South African Peace Council used the

material received from the Worls Peace Council for spread-

ing their propaganda, and I particularly want to refer

your lordships to three speeches - three documents rather,

which appear to be speeches of persons at the World

Peace Council. The first one is that of Jean Paul Sartoe

which was reproduced in "Fighting Talk", EP.17. The

second is this speech of Kuomojo which is also found in

the Peace Council's office as E.215, and the last one

I S • • • •

EEKIS R Js Was that ever reproduced as any

other document?


MR. LIEBENBERGi Ho, my lord, but that one was

- well, perhaps I should qualify it by saying a speech

of Kuomojo was distributed at the Peace Council Confer-

ence on the 2nd August, 1954. And the speech by Jean

Paul Sartoe was in "Fighting Talk", and the speech of

Han-su-ya, E.208, read into the record at page 1808 -

about that one we have no evidence that it was repro-

duced, but those three speeches clearly in my submission

show the line followed by the World Peace Council in its

anti-American - anti-Western and pro-Soviet Union attitude,

and pro-liberation struggles, specially, my lord, in the

violent struggles in Korea and lauding the gallant and

glorious part played by the Chinese volunteers in the Korea

struggle.

Now those three speeches, my lords, I submit

are very significant towards determining the line of the

World Peace Council as under st ood, and accepted and pro-

pagated by the South African Peace Council.

My lords, I have prepared a Schedule of

documents that we embodied in that big bulky World Peace

Council's circular which is numbered "International 1 " ,

and in this schedule, my lords, I merely indicate where

the various documents were found that were quoted in res-

pect of the South African Peace Council in that schedule.

I'm given to understand that each member of the Crown

dealt with an organisation, dealt with the documents -

the admissibility of the documents quoted in that schedule

in respect of the organisation that he was dealing with.

In this schedule, my lords, it indicates where the docu-

ments were found which the Crown used in support of its

allegations in the schedule, my lords.


Lastly, my lords, there is one matter affecting

the South African Peace Council. I crave your lordships'

indulgence to mention at this stage that the speeches

made on the occasion to which I have referred, at the

Peace Council Conference in August, 1953, and the Peace

Council Conference in August, 1954, which was inadvertently

omitted when I dealt with the argument relating to the

Communists. I would ask your lordships' indulgence to

hand them in now . . . .

BEKKER J: I'm not quite clear; what is this?

MR. LIEBENBERG; Perhaps I should clarify the

position, my lords. When we dealt with the Communist dogma

in relation to the various organisations we dealt with

documents specifically, documents which emanated from these

various organisations, "but in the case of the South African

Peace Council we had intended referring your lordships to

a few speeches, to deal with in conjunction with the other

documents.

RUMPFF J; In relation to the Communist dogma?


RUMPFF Js What is that now?

MR. LIEBENBERGg This is the list showing

the speeches and the speakers, my lords, indicating in

each case whether it was exclusive, whether the speech

was in the Crown's submission exclusively Communist dogma

and setting out . . . .

RUMPFF J: Well, just let us look at that.

MR. LIEBENBERG; As your lordship pleases.

RUMPFF J; This really belongs then to the

argument which Mr. de Vos put to us.

MR. LIEBENBERG8 Thst is so, my lord.


This is just for insertion in the file of documents 1

concerning the South African Peace Council. My lords,

that one speech, or reference to the meeting of the

Natal Peace Council in Durban on the 2 5 t h April, 1954,

I've deleted that from those schedules; I just want to

confirm that, my lords. 5

MR. DE VPS; May I crave your lordships'

indul gence to ask this, that in considering the Commu-

nist policy of the South African Peace Council, to take

into account also what Mr. Liebenberg has set out to be

the worldwide ramifications to which the South African 10

Peace Council was attached in connection with its propa-

gation of peace, the World Peace Council on a world wide

scale. He made a certain submission on that point, my

lords, that the South African Peace Council was connected

with the World Peace Council and the world wide struggle 15

for peace on a Communist basis. I merely ask the Court,

when considering the S.A.P.C. as a Communist organisation,

to take that also into account as a factor, as a submission

that must be weighed . . „

RDMPPE J; If you do want to do that, why

don't you just hand in a document, a short document,

that we can put with your argument, because now we've

got to find this somewhere in the record.

MR. DE VPS; As your lorsship pleases, I

will do that. 25

MR. LIEBENBERG; My lords, that, with res-

pect, disposes of the argument on the South African

Peace Council. I now proceed to deal with the organisation

called the South African Society of Peace and Friendship

with the Soviet Union. 30


My lords, as far as this organisation is con-

cerned, I would like to say at the very outset that the

Crown did not make any allegation in the Policy Schedule

that this organisation had a violent policy and with respect,

as I see the position, the Crown is precluded from now

attempting to argue that it had such a policy, but I do

submit, my lords, that in the light of the allegations

made in the Indictment, that the accused conspired to

act in their personal capacities and/or through the

instrumentality of an organisation like the South African

Society for Peace and Friendship with the Soviet Union,

amongst others in paragraph 4(a) - the Means Clause -

did propagate Marxism-Leninism. The Crown is entitled

to raise an argument on the activities of this organisa-

tion, my lords, and to convey to your lordships the gist

of the propaganda distributed or disseminated by this

organisation. The allegation, I submit, is there, that

this organisation was used for a specific purpose and

insofar as it's purpose was to propagate Marxism-Leninism

and to that extent the allegations in the Indictment cover

the activities of this organisation. „ .

BEKKER J; Is this organisation mentioned at

all in your Indictment?

MR. LIEBENBERG• In the Indictment it is men-

tioned, yes, my lord.

BEKKER J % But not in the Policy Schedule?

MR. LIEBENBERG; Not in the Policy Schedule.

My lords, I want to be very brief with this organisation

because the Crown submits that the part it played in the

whole Congress Alliance was pre-eminently of a propagandis-

t s nature. It consistently defended and supported

Collection: 1956 Treason Trial Collection number: AD1812

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