AD l~oll-:;'t."L CAS!:: !l0. R. 5023/70.

A- 290/71 .

L! TilE ~~r[ E ~ '!'''j ,~F ::;'")I"Ti! ';- Ie:

D I V ! S I f'I :1.)

In the matt"r I)",tw""n:

Appellant .

. " . TilE S TATE R<:.spondent.

RECORD OF APPEAL AGAINST THE JUDGMENT AND ORDER MADE BY THE

HONOURABLE MR. JlIS'fICE MJ,RAIS AND THE HONOURABLE MR .

JUSTICE DAVIDSC'U, Oli Tilli 8th JULY, 1971, AT PRETORIA.

Mt!ssrs SEGAL &- SEYI10RL,

J . B.S. Building,

Bureau Lane ,

PRE TOR I A.

TilE STATE A'ITORNEY.

Palace of Justice,

P RE TOR I A.

R.. .. , .... ,..,Jp '-:;'u.:-1; ...." .-IlIA,"'''' 10"001

........... " .. , .. nt :t"o""""'_'lIJ

NESSF:S ISRAEL, SACKSTEIN AND

SIMON, Cuthbert ' s Building,

Maitland Street,

B L 0 EMF 0 N TEl N.

THE STATE ATTORNEY,

Palace <..f Justice.

B L 0 E M po 0 N T E I N .

----000- - --

I N D E X

A?PEAL NO . C. A. 79/71 CASE NO. R 592 3/70

NOMZAMO WINNIE M..~NDELA ve r sus THE STATE

CHARGE SHEET : 1 (0.) - 1(b)

WIDENCE :

Ludum3 Gi l be rt X~ba

Boy~ne Eer1 Mniki

A ~ron Khoza

Frunc i s Smith

Mert h inus Jacobu s Pe t rus 10 Roux

John Lcbe10

JUDGMENT :

SENTENCE :

TRANSCRIBER I S CERTIFICATE :

PREVIOUS CONVICTIONS :

FJlliIBITS :

A Certified copies of notices

B _ Certified true copy of noti ce

C Noti ce

D Geve r = nt Gazette

REASONS FOR JUDCMENT :

NOTICE OF APPEAL :

BAIL RECEIPI' :

J UDG MENT ( SU PRE;1.S COiJ,l'i') ~ 8.7. 71.

ORUER ( S UPREm; COURT) 1 3. 7 . 71 .

APPLICATION FOR LEJ--!E. TO !\PPE" L TO THE ,\PPELLf,rE DIVISION.

CERTIPICNl'E :

1

9

14

27

29

34

49

67

69

70

72

86

90

C7 90

100

104

105

121

123

9

14

27

" 34

67

69

71

8, 89

96

99

103

120

122

12l!

125 .

POLICE STATION : AP PE:,L :~Q : . . 290/71.

JOHN VORSTER SQUARE .

R. C. P, . lin . 163 . 10 . 70 . F . ? ~m : CAS)~ 1m : H5023170 :

Itl THE SUPREl1E COURT OF scu'rH AFRICA

(TRA1JSVf\.A:" PROVINCIAL DIVISION )

PRETORIA, !10NDAY tho; 9th day of AUGUST , 1971 ,

BEF'JRE Til\,. HWOUR.ilBLE 1m , JUS'l'ICE. r'lf,RAIS

and THE HONOUP. ,r.BLE r:R . .:rUSTI CE MARGO .

In the matter bet~leen :

Appellant .

T H E Respondent ,

HAVING IlEil!'!D Coun~el for the appellant a nd

Counsel for the St~t e , ~nd h~vlng r e ad the reco~d on appeal :

TP.E COt:~T OrillEriS :

THAT l"ave to ::l.:)p<:.·al to the Arpell ~te Di vision,

Bloemfont ein be and i s he r eby grant (ed .

Tile Magistrnte,

BY THE COURT ,

( %D) J ,0. BRIEDE

Asst, HEGISTRAR .

J OHli.NNESBURG. '{ol;r o? . l:io0. 1 I'I:.'cc rd post '...d 8/7/71 om, copy

thel"(:of is l'<.:turncd hl·,I'Iith .

(.;o pies to : 1 . f,ttornt;yO", n..,r'.l. l , PHl:.TOIUA. 2 . Offie", !' ~~nm::.nJ "!ns, S . " . C. B , PHETORI[\; 3 . Stction C,):"m8.nd..,r , co;f, . Po lieL , JUhN VORS'fER SQUAR": ' L; , 'l'L .... Ikf ~.$t ":lr , "pp .. llat e Di vi sion , BLOE!~FON'rEIN ,

, ANNEXURE TO C~ARGE SHEET.

CASE ,,) < <: . .J, ~ ,/,. -.,...

NO : '\ • .• J • • • •• • •• • ••• •

THE S T AT E

- versus -NOMZAI"O I'IIllNIR 1!ANDELA.

CO U !l'TS and 2:

THAT THE said accused i3 guilty of the offence of contravening Section 11(i) read with Sections 11(m){ii) and 10( 1) of Act 44 of 1950 , as smcnded: -

HI THAT tlpon or about the da ta mentioned in 001= ~f. A of ';;he attached schedule , which forms 'Part hereof, and at Orl ando, in the district of Johannesburg and within the area of jurisdiction of the Regional Court for the Transvaal, Regional Division , the said accused did wrongfr.1l1y and UJI-lawfully contravene or fail to comply wi th, a notice deli v() Ted to her in terms of 3ub-scction (1) of Section ten of the afore­mentioned act, to wit, did receive at her residential premises, nrunely 8115 Orlando , Johanncsbl-lr g , visitors other than a medica! praoti tioner for medical attendance on herself or member!! of her hOl-lsehold, to wit . persons whose names are mentioned in colwnn 3. of t he attached schedule. '

"

COLma; 1.

COUNT 1 .

COUNT 2 .

S C H !i' D U L E .

COLUMN 2.

2nd October, 1970 .

15th October 1970/ 16th October 1970.

AL'l'ERIIATIVE TO com:-r 2:

COLU?IN 3.

NOBAi\'TU LrNIKI and/or BOYANA EARL 1':NIKI and/or 2 CHILDREi/ and/or GILBERT UBA .

SEXFORD PETER MAG1Jl3ANE'.

THAT THE said aCC.l-lsed is guilty of the offence of contravening Section 11(i) read 'lI'ith Sections l1{m){ii) and 10(1) of Act 44 of 1950 , as amended :-

I N TJI.!.T upon or abol-lt the 15/16th October., 1970 , o.nd at Orlando, in the di s trict of Johannesburg and within-the a r e a of jl-lrisdiction of the ilogional COl-lrt for the Transvaal Regionci ::iivisi on , the said accused did wrone;fttily and unlc.wfully contra­vene or f ail to comply with, a notice delivered to her in ter~s o f sl-lb- s cction (1) of Section ten of t h e aforementioned act , c id wrone:fttily and l-lnlsVlfully cOlilmunicate ""ith a person , to wi t, one SEXFORD PETER roAGUBANE in respect of whom a prohibition under the suppression 9f COmllluniem ~ct '1950 is in force.

, ,~

CHARGE SHEET _KLAGST AAT.

J . IS.

SAA K N<>,£~€-~.3/19]O CASE r

~oIK< """'_ I R,C,"'. No. .l ln""'lp'''''' ,,"a.. ""',~,"""''''. R-\ii'J/10/70 . °DiS:'LOmUH". JOi-iH VORSTER SQUARE: .

tt{~IRh~'AL . I PI>« 0/ ,,;,1. I 0.",0(,,101. PI<' .... n .. ,hoot. 0., ...... _.

" "~, " "' .. ""no oliO«<. I Pub'" """".'or. .Iff/l!.d v""";,,,,.,. .... m.". S,." .......... ,. . .. d, '.'IF:!' . Eo P .A .J. KOTZE E, ,,, tt . . ~", .. r.",,_ In,., ... ,u,

,,-,? ,r-~ v;"«ded-ci,,,. G. Bizoa instructed , .. by J . Carloon.

Fin .. ,· .. ;"" "'~~~'f~.f#p4j I Voo",,,fdftlU • ........ J""' 1 1W/,l'~ .,;"~ I" - lI1'!" ....... ..

Th, "~lIo~ ·in, ,vid,ncc ...... adduGCd in I~ prest""" and hearing orl~ accused. Ih,n in_.J 0 .. -';"I" nde ,<luieni. i. u n"""" in die Ittnwoo,di,lIeid en Itn unhore YIn die bo.k

. ___ souRd . n ... ..... _ .. M.----

"

l$:;;;;v-C:..- ~., --------v-reoJ . ____ _ (1-~1

, ' . . ... .. IN THE REGIONAL· COURT IN THE REGIONhL DIVISION OF THE VIT_

WATERSRAIDl : HELD ,.T oJ 0 H A II N E S BUR G.

THE 3TATE

Case 110 : R.502 V70

First d.:lte of hear ing : 10t h Dec()m~r , 1920 .

~:

PROSECUTOR :

ON BEHALF OF THE i.COUSED :

INTERPRETER :

CfLtRGES :

~:

J UDGMENT :

SENTENCE :

CONTRACTORS :

l1R . .... H. DE WET

MR . P.A . J . KOTZE . On ",. 3.1971 : l1R . F . J . NEL

,',.PV . FlZOS , instruct ed by Mr. J . Car130n

m, :>1, EDt.J!.RrS. Lat er on 10.12.1970 I'ffi. P. J . FOURIE and tlR. A •. 1. CORFIELD .

2 COUNTS OF C/SEC.11(I) REiID VITH SECTION 11 (M) (11) AND 10(1) OF ;'CT 44/1950 • • '.I t . t o Ct.2 : CONTRAVENE OR PAIL To c 01'1PLI: QITH ;, NOTICE DELIVERED TO HER Ilf TERMS OF SUB- SECTION (I) OF SECTION 10 OF ACT 44/1')50 .

"I 1.11 GUILTY OF NO CRIME." (PLEA OF flOT GUILTY ENTERED TO ALL COUNTS) .

GUJ.LTY 1\10 MAIN OOUNTS. NOT GUILTY 1.LTERNATIVE '1'0 COUNT ( 2) .

WEBZ RECORDINGS (PTY, ) LTD . , (JO]ANNESBURG . )

1.

PROSECUTOR OPEi~S PROCEEDIlIGS : Your \.Jo r ship , I have served Do

copy of the charge sheet on the Defence. I would 11ke to

know if they want me to read the charge sheet again or

whether t hey are prepared to plead on it .

ilDV. BIZOS: A copy was served on the accused ' s legal repre­

sentative , but there have been certain sli ght at:l6ndments to

i t thi s :nornine;. In tho circumstanc~s it may b9 as WQ~l if

it is I'€ad i nto the record.

PROSECUTOR :RJTS THE ClL.RGE TO THE ACCUSED. (PLE.It. APPEARS

FULLY ON COVERI NG SHEET . ) 10

BY THE PROSECUTOR : Your Worship. in terns of Section 263 of

Act 56/1955 , I hand in e.s EXHIBIT "AU a certificate signed

by the Undcr- socrotary for Justice .

tificate arc the follo\',ing notice s :

Att ached to this cer -

~.1:.....!!1 : }. lIotice in t..,rcs of SCction 9(1) or' the Sup-

pression of COJ:louni[]C Act 44/1950 issued to NODzalllo Vinnie

Mandela of 8.115 Orlando , Johanoosburg.

EXHIBIT (,2 : :. Notice in t erms of Section 10(1)(0.) of the Sup­

p=ssion of Coccunist:!. J.ct 114/1950 , add= ssed to NODzaDo

Winnie Mandclo. of f'l115 Orl ando , Johannesburg. 20

EXF..IBIT i, 3 : f . Not i ce in terms of Section 10(quat)(1) of

the Suppression of COl!llllunise Act No . 44/1950 , issued to

NomZatlo Winr.ie hcndc l a of 5115 Or l ando , Johannesburg.

EXHIBIT B : A certified copy of a notice in terms of Section

9(1) of the Suppre s s ion of COIllJl'.unism Act No . 44/1950, issued

to Sexford Peter Ngubane , 5'+6 , Zone 1 , Diepkloof , Johanne sburg .

Your Worship , I am under the impression that t he

Defence is aware of t ho contents of the notices at this

s t age, and I would like to enouire whether it i s necessary

to read out all the notices I have just handed i n .

ADV. BIZOS : I don ' t t bink thRt i s necess a ry. It wil l be

ti!Leconsuming , so they have been studiod by accused and her

2. G. XabR

le gal adviser (l.

GILBERT XABA : Sworn , s t ates -

(AT THIS STAGE THE INTERPRE'IER INDICATES THAT THE WITNESS PREFERS TO SPEAK XHOSA AIID 'lHAT HE ( THE INTERPRETER) IS NOT TOO FLUENT IN XHOSA . )

(INTERPRETER P. J. FOURIE NC1.i APPEARING . )

mPUI1.A GIlJ)ERT XAB..A : :'" ot' r. , states -

BY THE PROSECUTOR : IL":e YOI1 generallykknown as Gi l bert Xaba?

Yes .

Your a dd.Xecs p lesco? - - - 10ft6 Mfolo North Locat ion.

Johanne sburg?--- Yes .

10

Are you related t'l the accused now 'before Court? ---Yes .

Would y ou mind to t ell the Court where lWIDbel's of the

police found you on tbe afternoon of the 2n d of" October , 19707

___ The police found too at the garage belonging t " my brotlHH.'­

in-la\~ .

Who is your brot he r-in-law tbat YOU ' rE) talking about?

In the dt'ivew8J' of the garage belonging to my brotber-in-

law; at the house of the accused. 20

lJb.at tlrr.e of the d<\Y did you arrive there? --- I don ' t

~membc r correctly. but it was a fter s.1x.

Six i n the after- or forenoon? In t he e vem.ng .

Did you go along there , or ho w did you arrive there ?

--- I waS aecou.palliod by soucbody .

Tboir llames plo a~,c ? --- Jatre s Mab as$. , Tamsanqa Xaba

(8 years of ago). He is 1llY s on.

old. )

Also Andi l e Xaba. (4 years

Why did you go to th£? accu::mc ' s a ddre ss? - -- I \>;ont to

too accusod ' s bouse to obtain a grocery l ist . 30

Di.d you enter the house? --- I d1d .

Did you find anybody ins ide thQ h ou,..,e? --- There ~lere

j. L. G. Xaba

people in the house .

Did you kno\~ t he nntel> of the people you round inside

the house? Two of my sister- in- l aw. There were two

\wwen , Your Worship : Nonyaniso Madikizela .• • (Intervention)

Is t hat the surname Df tho pe r son? --- The surname.

YOl;;1 ._-- Nobantu Mniki was al so there , also a child

of about three year s old, Nontutuzela , and a baby.

ArJ;')'body elsa that you found inside t he house? --- Those

are the people I f o und IIhe l". I ente red the house . no\~

Where/did you. 1'ind them? - -- ~hey \1C rc s itting 10

in the kitchen.

Di d yot. soe f!.:,::,' boQ;y "I so in the house - in another

part of tbe hou::e, :' ~1 the s ame depnrtn:ent? On entering

I found thGse pcop:.e J '-.-0 IIl(lntioned in the k itchen .

Yes? And \-Ihrrt h"Pllc no d "r+.cr that? - _ _ I then went to

the sit ting- room. I then sent NOllJ'aniso , lIlJ' sister- in- law ,

t o call the accused. Tho C1ccused tben appeared with a list .

THE COURT : From uhero? - - - I think she was called out of

her bedroom .

Is that the grocery list? --- Yes, Your Worship . 20

PROSECUTOR : Yes? --- \"e then greeted each other and the {lC-

CUBed handed me the list . After that I then got up • • (interv.

What do you mean you got up? From where? --- I have

alrcadJI said t hnt I \'Ins in the sitt ing- room.

Wore you then seated in the s ieeiht-room? - -- Yes , I

sat down . I entered a'1d I sat down.

No·.~ , Io'h{) was ir: :lour company while you were seated i n

the Gitting- room? -. __ i'!y hiO sonG and this friend of mine

who had accompanie d .t£ .

Are you talkin g about James? - - - I 'trean J alllCs . 30

And t hen? --- I have alre ady ment ioned that the accused

caoo/ .. .

4 . L . G. Xab .<>,

came with n li~t . She then handed me the list and I got up .

I then went to the.' c~.r .

And out s iful? '..1h3t hoppcood outside? After I had

entered tho car outside , I reversed tho car and a car came

and s topped be h ind rr.e. TI10 Bantus then alight ed f:roD'! t his

car. I don ' t know the "ame s , but I had seen them before .

One called rr.e by my naree a n:l. said , "l'Ir . Xaba , Hbat do you want

here?" . I said that this was!:1J' si ster ' s place and that I

bad co~ for the • •• (Intervention)

We don l t want to go into detail with that conversa- 10

tien. Did you later fir:d out that the t wo people who arrived

there when you \;,ere just about to leave l~ere policemen? Is

t hat ri ght? - -- I WaS told by t hese t wo men that they we re

poli ceme n after I nad told them what I wanted .

NOl-] look , Xa,ba , why :lid you go t o the accuse d ' s p l ace

to get a li s t - the grocery list? --- That was t he usual

thing : to get the lis t frOll the accused in order to let her

have foodstuffs.

On t hin occa,;;ion how did you kno \1 th>'\t the l i st was

l'Cady for you to take? --,- I had seen her prior to that _ 20

When? --- I don ' t renel'llOOr the day , Your Worship , but

before that t he accused gave me a l i st and she said it was not

a complete li c;t of h'.:lr requirements and t hat I shoUld return

later on; come back late r :::>n .

Did she s ay that on the same dOJl or prior t o this

date (2nd of October)? -_ Before that , as I h ave mentioned

the accused gave me a li st nnd s he sai d that that was not 0.1 1

s he re quir>'ld and that I should C01'llC back for a furt her or

~D additional l ist .

TKE COURT : But nO I, ~laC it the same day or was it

some days prier t o yot'.r comi ng fo r the :Jocond lis t ?

to it .

30

Prior

5. HO~I can;y dws? About t hree or four days prior .

PROSECUTOR : And who told you t o come b ack o n t he 2 nd? I

wcnt there on my own secore on tbe 2nd of Octobe r .

opportunit y t o go there ; I had t ime t o go t he re .

I had an

That 1s my examinat ion- in- chi cf , Your Worship.

CROSS- EXAMINED BY ADL~; I want to put one or two

ques tions t o you , Nr . Xaba . You say you are rel ate d to tho

accused? - - - That i s true , yes .

What is t he rclutionship p l ease? --- I married t he

accused ' s al d3 st sisto r .

You knol1 t he accuscd ' s h u oband? --- Yes , I k new hi m

ve ry well.

10

And he is in prison se rving a 11fe se nte nce on Robben

I s land? - -- That is true .

Would i t be corre ct to say that you are more or l ess

he r cl osest oale re l a t ive to re on t he Wit\~atersrand? --­

That' 3 t rue .

And have you been assi st i ng t he accused? --- Yes ,

that ' s true .

A~ far as you ' ve been abl e t o? --- Yes.

1 don 't know that ~,oe hove ony evid.cnce of t he dat e on

~Ihich t hi s order \1aS Ge rved ye t, Yo ur Wor ship .

THE COURT : I t was s i gned en the 18t h of Sept embe r .

ADV . BI ZOS : Si gmd on the 1 R.t h bu.t aotually served , I t hink

we can agree , on t h'l jOt h ef Sopt enber . On t he eveni ng of

t he 30th of :::.opt O!llbcr .

TilE COURT : I see t he return i s here. On t he 30t h o f 3ep­

tembcr at 5 . )0 p.J:l • • yes .

ADV . BlZOS : Thi ~ '"lac t wo da;yc be f ore you ~Ient t o t hi s house .

- - - \"011, I cannot soy when t hese orders were receiveCi 30

by the accUsed.

I cee , yes . Now, t his wac t he beginni ng of Oct obe r

6 . L. G. Xaba

1970 ... --- Yes .

Did you know that t he lIccused had been in CUGtody

up to the niddlc of Scptccber? --- Ye s , I kneH , and I was as­

s i s ting her all the tim during that period.

You were as si sti ng he r during that period t hat she

was in custody . And she had bee n in custody since May , 19687

Sorry , ' 69. As an unconvicted pe r son? --- Yes , unconvicted.

80m of t hi s tino i n detention and 80100 time as an

awaiting- trial pri so:'oC r. --- Correct .

And she had been ac~uitte d by the Suprece Court 10

in the mldnIe of Sept embe r 1970 , a couple of weeks before you

went to t his house. I s that correct? - - - That 1s so .

This grocery list that you have spoke n of , you yourself

have been in regul ar employment ? - __ Yes .

And you earn a fairly good salary? --- Yes .

And did you consider it your dut y , after her release,

to try and h~lp her with arJ3' - (uncompleted) --- Yes . And i t' r,

also according to our custCIL .

Did you knOl. that prior to the accuse d ' s arre s t in

May , 1969 , she had bee n rc ~tricte d in terms of ano ther or- 20

dar? We have a photost atic copy , Your Worship , which my

learned friend informs me can go in by consent .

COPY OF THE RELt,-VANT ORDER HANDED IN AS EXHIBIT " C" .

This order waC s igned l-y the then ~iinister of Justice

on the 2tth of Janu~ , 1965, and expired on the 28th of

Febru~ , 1970.

THE COURT : Do you know t hat? ___ I didn ' t read the original

order , but I read in the newspapers about it .

AIN . BIZOS: Ye s , you \'Iere al.are of the fa ct that certain res­

'" trictiOllS had been placed on the accused? --- Ye s , I knew it .

And throughout the Feriod of four-odd years that these

re strictions had been enforced, had you gone t o the accused ' s

L. G. XABA 7.

house and had you holp0d her? y~s , all t he time .

Di d you have any reason to believe that thi s was

(Adv. Bizo$ not spe aking dire ctly into the microphone .

Further inaudibl e) ; that you came to the house and t hat you

were . •• ? - - - 'I'bey should hllve kno~m.

Wel l, don ' t let us work on the ir ge neral reputati on f or

eff iciency , but r a ther on your O"'in knowledge . Did you know

that your presence there WM :lotcd? --- I MO I-/ that the

Security Branch k new about ny vi s it s to her.

Had you been told? _ Yes. They visited roo . 10

They s al! me .

They fJl):-1 you . About the fact that you were helping t ho

accused? --- 1Jhnt I !!ICOD 1s thi s : They came to roo because

they knc l-l t hat I was going to the accused ' s p l ace of residence

from time to time.

And you di dn ' t keep this fact a secret . In fact , you

applied to the police from time to time for permission to

see the accused ' s husband in prison lIhen she waS W1aole to

see him herself . I sn 't tha t so? --- Yes .

I want to deal wi t h the names on the charge sheet 20

so t hat 1'Ie cen have cl~ity .

1'.!.!:E COURT : Sist er-in-la\"! .

Nobantu Hniki is your ~i ster?

ADV . BI~S : Si s t e r-i n- l aI1 , yes , and the accused ' s s i ste r .

Correct? -_ "Ios.

And Boyana Earl Hniki i s her husband .

THE COURT : The husband of Nobantu .

ADV . BlZOS : Ye s . --- '1'hat i s so.

And the two children ment ioned , the one is 2-i

years of age and the other 9 months? --- Yes.

THE COURT : Who se childre n are t he y? Just to get the pic- 30

ture clear . --- Mnilti ' 0 children .

'.Jere the se Nobantu ' s ch ildren? - - - Yes .

8 .

AJH . BI ZOS : And the other person me ntioned herein is you

yourself? --- Yes .

Tbe t HO persons that came to you - and you found out

event ua l ly that they ~:ere policeme n . - • • • (int ervention) .

THE COURT : THO or three?

fuN. BlZOS : 1"'10 or three? H Ol-/ many \~ere there? Oh yes ,

three . Quit e correct. --- We ll, t \iO alighted from the car

and camo t o me, Your',ir:-r ::.;bip.

Did they drive up to the house? --- \Je ll , as I have

said be fore , I iVas in t be dl.'iVCliay to t be garage . When I 10

reversed , tti [, car came alo ng and s toppe d behind 1!'.e .

Do you know I-Ihc t be r t hey ~.'erc in the general vici nity

be fore t hey drove up the driveway? --- No, I did not kno~1

that they were i n t he vici r>.1ty before that .

Did you take any step s to hide your motor-car or to

behave in a ?? way , or did you drive int o the driveway guite

openly at tbe time? . . _- I never tried to hide anything. I

just drove normally i :"l to the driveway .

And you ' re about 6 ' 4" , arc 7rOU? It would be very

d.i1'ficult to •• • (inte rvention) --- That i s true . 20

THE COURT : 6 ' 4" ? --- It c ould be about s ix foor four .

JuN . BIZOS : You didn't crouch into the house. Now this docu­

ment , this list , w:>.s it taken a~la:t from you? - -- No .

But you say you told the police what your purpose

lias for coming ·::;herc? - __ . Yes , I told thum the rea son .

Were you searched at all? --- No.

Was your s tatement tha t you had CJ1IIC to fetch a groco ::;"".'"

li s t , challenged by them, or we re you i nterrogated about it

clo oc l y? --- No , it was not challenged .

Were you detai ned at all about it? - - - No .

Di d you go to the police s t ation? --- No , the poli ~c

came to my houS(!.

;;0

10 . B. E. Mniki

my children . I 110nt t o Orlnndo and I left them at my sister-

In_l ~\; l s place .

THE COURT : But did you vi" it I'n,yone?

THE PROSECUTOR : 1Jho d1d ;you ... U it? -- I lias going from my

p l ace to m;y plueo i n Orlando , My Lor d . I stay at Mfclo

Vil l age (1 428) and I \;0.5 going from t here t o number 6240 ,

Orl ando . I was accol:lpanied 'by my children. I left them

a t the accused ' 5 pluce.

What i s the o.ddJ'.'lSss - tho accused ' s address? ---

(Silence) 10

The p l ace ,"/herc you l eft ~hcm. Do you know t he

number of t he house? --- I k no\; , but I ' va just forgot te n.

Now who did you l eave t hore? --_ I loft my \;ife and

t,% children there .

What 1 s your tlife ' 5 ntl.lno ? ___ My wife r s name 1s Noban-

tu 11niki.

The name of the childre n? _ _ Nontutuzela and

NOIilb~l sela.

Now ~Ihy did you t<:\kc thcl:l to the accused ' s place?

I mean did you t :lkc them of your Olin nccord or did an;y - 20

body usk you t o tek~ t hem? --- My sist er- in- lo.w , the accuse d ,

want ed t o see thee. She hud re quo s t ed them.

Whon did she re quest you to bring them? She did

not ask me. She asked m::J '"life . 1 wo.s t ol d by my wife.

Oh . NO~I , wo.s tho Ooc:used at hone I1hen you left your

wife fOnd children t here? --, I did not sec her becuuse I

did not entcr .

And I"/hero did you 10o.""e your wifc and children?

Inside t he house , or outsi~ t he heuse? --- They got out of

t he car o.nd 1~D.1ked tO l1Urd3 t he house , and I then drove jO

n~ln;y .

11 . B.B. I1niki

About '.~h[lt tine did you l oave theI:!. there ? --- 1 ' m not

cortain , My Lord . I t hink it was going on for 7.00 p.m.

In the afternoon or i n t he forenoon? - -- It was in

the evening.

Did you return to t he same place on t he ~ame date?

--- I did .

About how long nf'ter:yru ha.d left them there previously "{

About half an hour , By Lord.

Did you find your wire and children t here? - __ Yes .

Whore di d you find them? In tbo kitchen .

1:1 11b050 kitchen? - - - Tn the kitchen of the accused .

Was thoro ~!'..ybo dy else in tho kitche n at the time

you arri ved therc? Nonyaniso \'laS thero and my wife was

just comins out of the bnthrool:l •

.Anybody e l se?

Anybody olGo?

were in tho kitchen .

An ny chi ldren .

The accused arrived there und we

Before :you entered the klt cho n , did you find anybody

out side the house - on t he preo1scs? - - - Yes .

10

Can you t ell t he Court \'Iho you fou nd outside? 20

I found Xc.bc.t thero . He \'las s i tting i n his car.

Now , thi s Xaba you ' re t c.lkir.g about , con you te ll the

Court \"hothe r i t ' s tho p:myious Kitne~s YOU ' l"(! wal king about?

He ' s sitting in <.:ourt no~l. rou can id.enti1"y tJle per son .

The last 'lit noss , My Lord .

Yes? - - - And the re '.101'0 SODe other gentlomen who

wore s t anding there \:it h him. I thought pe rhaps they were

just friends of his . 1.0 I was going to',"mrds hie (I was

going t o spe3k to hie , being n person whom I know) , one of t he

men who mlS t horo '"lith this nan , cnce towards me.

To t,ut n long ~tory short, i s it corr ect that whon you urr ived/ •••

~o

12. B.E. l1niki

you arrived thoJ~ , you found Mr. Xuba t here and you found

other persons- (pause) . Were mcnoors of tho Poli ce Force

also pre sent there? Ye s , thoy we:w Police. I didn ' t

k no1'l' that they were poli ce , My Lord .

But you Inter f ound out that the pe r sons you fou nd

there \-Iere the Police . --- 'l'hat 1s so .

That 1 s my oxamination- in- chi ef , Your Worship .

CROSS- EXAl'UNED BY ADV. BlZOS : What are the ages of your

children , Mr. tiniki? - -- N"ombuyisela , who is eight months

old • . • (int ervent i on) 10

I10re or less . It doesn ' t metter . I kIlOl, that they

forget their chl1rL"(: n ' s proci so nges . --- I just forget ,

but t he childre n R~ cutside .

l10re or le ss h O'l ol d arc the other ones? - - - Coul d

be t\-IO years , Yo ur Worshi p .

Jet. me GOC if I understood yonI' evin01'lr.A "()r~ ,,tly.

On the first occas i on you didn ' t go any\~here near the house ;

you jus t dropped your wife end children~ --- That i s correct .

And on the se cond occasion you trent into the k i tche n

for the purpose of t aki ng then hone. ___ My Lord , when 2C

I e ntere d the ld t chc:n I did not ent~r i t as I intended t o.

I was taken in there by t he police.

Oh , I see . So you didn ' t reall y go int o the kitche n?

- -- I did not go i n a l ooo , !'.y Lord .

You d i dn ' t go in alor.e . You we nt i n i n the company

THE coum: 11r. Corfie ld - c:xCUGe no for interrupting -

YOU I l"'(, i n the Regional Court ::::ld not the SuprclllE< Court.

AJ)V . BlZOS CONTINUES : You '.,o ro take n to the kitchen by t he

Police? --- That i s corro ct .

The p olice pr eceded your 1.\rrivnl at the house.

Th1.\t i 3 correct , I ,lOS still at tho car .

1l . B.E. Mniki

And ~rur[ t ook you to the kitchen. --- Ye o.

And you s ay that you s aw the accu se d in the kit cben

libil s t you were in the company of the police? --- Yes . Whe n

I'.'e entered , she came out of the bedroom .

When you e ntered the kit chen , she came out of the

bedroom. Wa s thi s a G a result of the arrival of the Police

that she Calte out of the bedroom? --- I could not s ay

that . I suppo se t hey \rer0 surpri se d as t o what waG going O ~ .

I see . So 110 ' 11 leave that out of the conjectural

aspect . Were there '-J ue st io ns and answers being give n to 10

t he policeU!e n? --- Your Worship , when we were about to s it

dOlm , the policemen s aid to lte "I.et t s go out side , "

~lli1!.: Were tbere C, uo s t=-ons asked by the Police i n your

pre sence ? - - - Ye s . The p articulars of my pass ,!ere a sked for .

ADV . Bl ZOS : Ha s t ~li s at tbe entrance to the kitche n? - - - As

\\'0 were going out j going back to the car.

Were these que stions and answers being given in

gentle tone s a s Vie ' ro t alking hore in COltrt , or wa s there

a bit of a row?

I repl i e d normally .

I can ' t sas hOlt the que stions were put .

20

THE COURT: No , no . Were they put in a normal manner - or

in a ge ntle manner a s in court no\. - or in a harsh manne r -

harsh words , f or example? --- No , thoy woro not put in a

harsh manner .

/illV . BIZOS : You took your \.life and childre n aWaJI? --- Ye s .

You I"I01'C not se arche d? --- No .

Nor \'laS your wife or childre n? No .

Wasn ' t your car searched? - -- They did not search

it be cause it was not ~ c ar , Your WorShip .

Tho accuse d he r self has children or her o\m ,

ha s she not? - -- Ye s.

Do yeu kno~1 for he w :ene; she hod not soen hor own

30

14. B.E. Mniki

children on tho ~nd of October? - - - Her Qlm children?

THE COURT : Her Olm child.rcn? - - - Bofore she went to gaol .

ADV . BIZOS : And wo !tlrc ady have i t on re cord that that

was since May 1969. --- That 1 s so .

She hadn ' t seen her Olin children for about eightee n

months? - - - That i s so .

And even after he r rcle c.se she didn ' t see her own

children because they I'lere 81iay at bo ardi ng- school? - -­

That 1 s so .

Thank you Yo ur Worship , I have no further

questions.

NO RE- EXAl"n.NATION BY TP.E PROSECUTOR.

10

T~ COURT : The Court t akeo it t hat eve n if the police had not

been t here , you '.tould have e !'lte red th0 house to get your

111fe and chi l d.rcn t o take tmm home? --- Well , I thought ,

l1y Lord , that she \'/ouJd COILe out t he sam as she had got

int o the house - by he rself .

Would you not have entered t he house? That 1 s the

question? _ _ 110 , Ny Lord , unl ess t here waS a :reason that I

should not have gone i n.

shouldn 't have gone in .

'Thero was no re ason that I

No , but t he Court i s not looking for reasons nO~I.

20

What would you have done? Would you have entered the house ,

even if the police had not reen there , to collect your wife

tUld children? --- Your IJorship , I had been to tlherc they

\1ere , and I \'I(~nt back t here . I would have gone into the

hou se to go and f e t ch the chil dren .

AARON Kl:lOZA : S~lorn , st ates

EXAI1UIED BY THE PROSECUTOR : Wit ness on Count 1 Your Wor ship

(TO THE IJITNESS) Arc you a De t ective Se rge ant i n the :;0

South Af rican Poli ce , s tationed at John Vor ster Square .

15. Aaron Khozn

J ohaDnc sb1ll'g? Correct , Sir .

On tho 2nd of October , 1970 , did you visit t he ac-

cused ' s houso? - - - I d i d .

Were you alone'? --- No , I was in the compan;y of other s .

The Demo s please? --- Scrgeant Senomadi and Sergeant

I.ebelo . That ',las all . Just the t hree of us.

What tioQ did you visit t he house? --- Ten t o seven

p . m.

I \~oulc. like you t o t e ll the Court what transpired af-

ter that? __ We o.rr ived thero at ten t o seven and \~ent 10

into the accused ' s pIneo . There '110 s al; the accused.

then left q ;:oin .

Tell roe , who ,l you say you "~Ient into the place," what

do you mean? Tile premi se o , the house? --- '.Ie entered the house .

What porti on of the house? We entered tho

dining- room and there 110 \·re rr: told t hat she \~as i n t he kitchen ,

where "Ie then went .

PROSECUTOR : Yo s '? Did you find her there? --- Yes.

Did you t hen leo.vc? --- We thon left . 20

Ye s ? --- After 0. llhile - I think it waS at about 7 .30

\"IIJ happened to be passing t here and I sal1 a car s t ationary .

It was stationa~ opposit e t he garage .

THE COURT : In the driveway t o t he garage? --- Yes , it was

in tho driveway . The l ight s WH'e on .

PROSECUTOR : And then? _ _ We stopped . Myself and Sa r geant

Senot:!adi a.lighted and we "ont to this car . There we found

Xaba , t ho man who gave evi dence hore , and anotber man.

I think his name I'/[I S !·jubano . Also two littl e boys.

I greeted Xub:\ • • • (intc :r".'ontion)

THE COURT : Did you kIWI. hit:! at tho tiroo? __ I knew him . 30

I asked Xaba how it w[\s t hat they had como t here ; who.t they

had come/ •.•

16. ACIran Khaze.

had come to do tbere .

ADV . BIZOS : Uould further evidence be admissible?

TKE: COURT : I agree ,

THE PROSECUTOR : Your Wor ship , I did not expect the witness

t o answer on that . I ',laS ju.-;:t about t o stop him. Now , I

don ' t W;)Jlt t o listen t o the corrvc r so.tion bet\~cen you and Mr.

Xab a outside . Just t ell u s ~Iho.t happe ned after t hat . You

made ce rt ai n cnquir ic3 , and what happened t hen? -- Whil st

s till t he re, a m= by t ho :IUflO of l1niki arrived.

came t he re by car.

They

10

Se r geant, j ust beforG we go further , c an you identify

t h i s man Nniki you ' re t alking about? Jus t to make it clear

on record please . _ _ Ye s , he sits i n court . The last wit_

ne ss , Your Wor shi p .

Yes? - - He alight ed from the car in whi ch he had

a rrived , and he then ca~ t o t he car i n t he driveway .

Xaba Info~d us , Yo ur Wor ship , t hat • • • (intervention)

I don ' t lltlnt you to t ell t he Court what ho t old you .

'What happened aft e r Hr . !1niki ~rrive d t here ? _ _ Hniki said

he had come to fetch t he childre n ••• (intervention) . 20

Again , please don ' t toll t heCourt what ot her pe r sons

but t ho accused t eld you.

nc co ssaxy . ""hat huppc nod?

I 101111 ask you about that when

What did you DO after Mniki

arrivod? -_ Mniki and I t he:J. ,entered t ho house .

THE COURT : The kitchen? - We ent ered by the kitchen .

PROSECUTOR : Yes? __ Thero we f ound l1n1ki ' s wife, t he s i ste r

ef the accused , and some lJmoll childre n . That i s , Mniki' s

\<life and her s i s t e r , t he accused.

THE OOURT : l1n1k1 ' s wife and he r sister, t he accu sed?

Yell . And some smull children . I then questioned the ac - 30

cused .

What did you ank her? __ I t hen o.ckc d hor what the

17 . Aaron KhOZll

position of her banning order was and I askod her \1hether she

lillS entitled to receive visitors .

PROSECUTOR : Just a minut e , Sergeant . Did she reply to t h[\t?

She did.

Was that reply freely and voluntarily made? - - It was

freely and voluntarily made , Your ',,'orship .

What did she soy? She asked I-iho the visitors were ,

and I said "Mnlkl ' s wifo Cl-'ld ulso the children that are hore."

She t hen sai d tha t they ~lere relatives , Your Worship.

Is that all she scia.? _ That 1s all. 10

I.fhl1t transpir ed after t hat _ aftor this conversatio0n7

Mniki and ~solf then wont out t o the car.

the car by which he had o.rri· ... ed .

That is , to

Now , Sergeant , when y:)u arrived there on t he second

occasion , you found t ho pers:ms you ' ve just mentioned 1n the

kitchen . Did you find anybJdy else there? _ In the kitchen .

On the second occ usi on.

THE COURT : 'When you went in with I1rd.ki? _ There were no

others residea those I ' ve mentioned.

The accuS0d, Mniki' s ,-life and the Mniki children? 20

The accused , Mnik1 ' G \~ir'J and the children.

And no other people? ___ I didn ' t sec any others.

!:,ROSEOUTOR :Do you kno\~ the accuGed ' G sister , Nonyaniso

Madikizcla? ___ Pr1nce ~s I know.

Is she known by the 1'.aI:lC or Princess? - - - I only knew

t he Europenn neme . I know her si ster , the one called Prince cc

THE OOURT : Was she the ro? ___ (BEFORE THE 'JITNESS CAN REPLY)

PROSECUTOR : The question i s , waS she there when you arrived

on the second occacion? Did you aee her there? --- Yes .

Where did you Gee her? She waS in the kitchen .

Whnt do you cay nbout the quarre l ? - -- No , she was in

the kitchen .

30

18. Aaron Khoza

Oh , I beg y our par don. That is my examtnnt-1,.,n-jn-ch<" I:.

CROSS- EX/i.llIN'£I) BY kIN . BIZOS : Sergeant , was the kitche n doo"':'

closed whcn you arrived on the pt'(lmises on the second occallj, ..... ."

-- - It waS .

You more not behuving like a dete ctive \"ho \'Ianted t o

s urprise people , were you? - - No .

You '..ront there t o m~ un onquiry us t o \~hut -Wo.s gein €>

on? --- Yes , i nsi dn the housc.

Yen. And:; u $poke t o l'1r . X<:tba • • • (int erv.) --- Yes .

And t o 11niki? _ _ Y(:08.

.And yeu yourself Hero driving a reo tor-car? --- Yes .

Which \10.5 f;topped ne al' the house? - - - Yes.

I ' l l come t o t he point of all ~his . I ' ll return to

it if necessary , but I t hink i t must be fairly clear that

10

whatever room the accused nu;y have been i n before you ente re d

the kitchen , she mu s t hnvo heard som sort of commotion

out s ide c~uned by your comi ng? - _ _ Well , t here was no commotio r

The s topping of a mot or-car m ... keo a ce rtain amo unt of

noino , doer.m ' t it? - --No , not unloss tho E'ngi~ i", MinI>: '\.'{I"' <>'1

And your engi no wasn ' t bei ng r ace d? --- No . 20

Three policon:on '/Inlking up the drivc\\toy ct'Qate a

certain amount of noiSo) ; tal king? --- There ~Ins no noise .

I see . Were you ~Ibispering? - -- No , we we re talking

normally .

"Talking normally . " Calli ng out to Xaba as to what he

was doing there? - - - I did not callout to him . We were

speaki ng normally . I asked bim a que stion .

As one speaks normally out in the open? --- As ~.'C

speaking now .

I sn ' t it a natural thing to speak more l oudly

___ I am not aceuston:e d to that - npeaking loudly .

:"0 outside?

l.Jere you the only one who spoke? --- I was speaking to

Aaron Khozll.

Xaba .

THE COURT : No , no . Were you the onl y one speaking? --- Yes,

I was t he rnly one speaking to Xaba .

s tanding there .

AnV . BI ZOS : And \1hat- about t1niki?

I spoke to him .

The others were just

\"!ho spoke to Mniki? ---

NOI'i , ~li ll you give us 30me indica tion of how fa r the

spot where you speaki ng at i s from tho main bedroom of thi s

house? -- From the wall out side there on the other side of

t he driveway to that Viall there. (INDICATED) I ' d say about 10

50 feet .

TRE COURT : 50 Fee t? I ' m inclined to !take it 30 feet . That ' s

a gooc guess I think .

ADV . BIZOS : Yes . (TO THE WITNESS) : And did you ask Mniki

to accompany you to the kitchen? - - - Yes.

And ,'Jere you talking to Mniki whilst you were walking

towards the kitchen? ___ No , ~;e ~leI'€ not talking a s we were

walking towards the kitchen.

Why not? He spoke at the car .

'Why net ? There ' ..... as nothing to talk about . 20

And the other t He policemen , were they following you?

No , they remained at the car . They were busy taki ng

particulars from people ~Iho had arrived there with Mniki.

Did you want to surprise anybody in the kitchen? ---

No .

You DOIf say that you ' ve got a distinct r ecollection that

you didn ' t speak to !1niki at all whilst you were approaching

the kit chen door? - - - No , I did not.

we spoke.

I do not re member that

Ho·,·" I ' m going to put t he quest ion directly to you : 70

Did an,ythine happen ~,hicb 1'lOuld have caused the people who tle r e>

in the house to thi nk or believCl that strangers \1€I'€ on the

:&!:ron Kboza

promis0s? --- Ho .

I see . I an now going to suggest to you that a

particularly clever sergeant such as you in t he Security

Poli ce is making up evi dence i n order to avoid an inference .

And I ' ll sho~1 you why . How many strange r s were there on

these premises? Out~ide ? -- - Tbere was myself and the

other t \·,O sergeant . •• (int(;)rvention)

Thr ee policemen and a motor-car? --- And the car.

Xab<l? Xaba was out side. --- And Xaba waS outside .

James l1abusa? --- Ye s .

Five :peopl e? --- Yes .

10

And two motor-cars more t han your s . Two other motor-

cars , correct ? --- Yes.

With the or di nary opening and closing of motor- car

doors . Correct? --- The door~ 'Iller!) opened and closed.

Was there normal openi ng and closing of motor-car

doors? Ye s .

And thi s is not a bi 6 house .

a lot of !l;ardens? --- Ye~ .

I t ' s not a mansion with

What is t he sizo of t he stand? --- Well , it ' s a 20

nor mal s t a nd the s ame a s all t he other st a nds in the township.

Yo s , I .. ell , ',re have a pretty f a ir ide a , but give us -

(uncompleted) . I don 't knell·, ·'Ihat a normal stand is .

THE COURT , Would tho floor Gpoce be tho si zo of this court_

room? --- Slightly bigger than the court , Your Worshi p .

And the n t her e ' s gar age at t he back too .

!illY . BlZOS ; But ' ... ould you say it ' s about 400 - 500 s quare

foot? --- (Silonce)

'l.'ho \·.ho l e st and - grQund , gurden , backyar d , front

garden , drive way - in fee t, hOIi bi g is it?

THE COURT : S,, '.lo,ro f·;C) ~?

ADV . BlZOS : S'l1k'U'C [ t() t , yes. Or can you give u s lengtb

'0

21. Aaron Khoza

and breadt h? Then we can work out tho square fee t ourselves .

It would be about 500 s quore foo t I Your Worship .

Tho gr ound as ~ whole ? --- Yos .

Ser geant, arc you seriousl y suggesting that the arrival

of three motor- cars and the arriv al of al most half a dozen

burly men \"Ioul d r,ot attract t ho I'.ttcntion of tho occupants

of a small house in the townshi p at night? - - - That could

happen , Your Worship .

Is the placo lit up? - - - Yos .

But is it so well l it t hat the switching on and off 10

of motor- car l i ghts makes no impression on the ~neral

vicinity? - - - Your Wor shi p I i f t he cars wore at the back

it ·,wuld not 00 noticeable . If t hey are at t he front of

the house \!hore thor o are big \.;indows , yes , then i t \~ould

be not iced. And , f urthe rmore , t his \1aS at the sido where

there were no ~Iindo\~s .

And tho f i rst timo you saw t ho aocused - in t he kitchen

or an;y\~herc ol se in the house - was after you had opened the

k i tchen door ? - -- ThClt i s so .

And that wes the f irs t time you saH the accused 20

on your second vis i t? - -- 'Je ll , I Ga\1 he r again when \'/0

came t here on the second occaGi on , in t he kitchen.

!HE COURT : We ' re t alking about the socond occa sion. The

question IS about the second occasion. - - - Yes , I am t alking

of t he second occaGion .

llJJV . BIZOS : And you G3 ',! h~ r for t he fi r st title on the

second occasion as you opened t ho kit chen door? --- Your

Wor ship , ',1hon KO opened t he door she was in the kitchen ,

bu sy fixing up some flowe r s.

You don l t know for how long she had been in t he )f'c

ki t chen? --- No .

~2. Aaron Khoza

Ar e you s ure t h'tt t here i s n ' t c ,.indOI' on t he s ide

of t he drive~.'ay? --- I do not recoll ect t hat thero Has a

~Iindo l'i on the side .

But you cnn ' t dellY t hat t here was? - -- Is that on the

s i de on i'ihich we '.-Iore?

Yo s. --- No . t he !'IJ i s no \.i ndol'i i n t he wall .

At t he ba ck of t ho house ••• ( i nt e rvention)

~QQ!!E!: lIo , no . We ' re t alki ng about tho side . --- There

is no windOl1 .

MJV. BIZOS : You wore keeping thi s house under constant 10

s urvei llance . • . (intervention)

At that time? --- No .

On t hat particul ar day?

We ll, wasn ' t your previous vi s it a surve illance visit?

The earlier vi sit . The fir st of the t,.O? _ __ Yo s ; as we

a l ways do .

As you alway s do. Alright the n, i f you don ' t like my

wo r ds you can have yo urs .

And t his - what yo u uhlayc do _ was '~'ell known to the

accused? - - _ Yes , ch0 shoul d k nOl • •

You cor.3idered it your prerogative to go in whenever 20

you choose in order t o chock tha t sho t s thero? Yes .

And you exce r oi sc d that right which you think you

have with regularity ? Yes .

Could I have a ver'J short adjournment t o ask t he

accused about one matte r , Sir? It shoul dn ' t take no re t han

a couple of minut es .

SHORT ADJ OURNMENT GRANTED

ADV . BI ZOS CONTIII'UES : When you spoko to t he accu sed , Se r geant .

waS I1niki pre sc nt? --- Ye s.

Di d you speak t o t he accused i n Engli sh? - -- Yes . 30

And i s t hi s ~ 19.9uage I.hich you speak l.ell? - -- No ,

I don ' t speak i t well .

A. Khoza .

Well , do you .\ipeak it \·:e ll enough for there not t o

by any misunde r Gtanding? -- Your Worship , I spoke to he ... ' in

Engli sh because t be banning order \·/as in English .

No , no . That i s not t he que stion . I didn ' t ask you

WHY you spoke i n Engli ch . I l1ant to know whether your Engli sh

is good enough so that t here can be no mis understanding bet­

wee n you ':Ind a person to who)", you have spoken English and

who has spoken English to YO·J.? --- Well , I try , Your Worsl'.ip ,

to make myse lf understood .

THE COURT : No , no . That i s still not answering the

que stion . Please try and understand it . The question is

thi s : Can you speak Engli sh we ll enough so that t here i s

no room for mi sunde r s t anding betwcen you and the person

you ' re speaking to? -- I Houl d not saJ' that I speak it so

very \~ell that there \~(\Uld 00 no misunderstanding or no

mi s take .

Just repeat that please? -- I do not speak it s o

10

well, Your Wor:>hip , that there ~iOuld not be a mi s unders t anding

or mistake .

ADV. BIZOS : Well , lot ' s put it nore clearly ; that you 20

don 't speak it \-mll enough to e xcl ude mistakes . That ' s t ho.

question . Is that uhat you nean? - - - That is so .

Now , did you give tho accused any warning before you

asked her any questions? I did , yes .

What I-Iar ning did you give her? - -- I told her t hat

thi s re co iying of visitor s I was going to report .

Arc' othor war ning? - -- No othe r Harning , Your Worship .

Now , what preci se ly did you sa;y to !1e r? --- I said to

her "The pre sence of other people being he:"e I am going to

report ."

You aro go::'nG ' ; 0 report t he presence of other people .

Speaki ng in what language? --- When I said that , I was speaki ng

24 . Aaron Khoza

i n Zulu .

So it wasn ' t correct whe n you s aid that you spoke to

the a ccused in English? Some time you spoke to her in Zulu

and some time i n Engli sh . Correct? --- That is so .

You didn ' t give he r the usual warning that if she

say s anything , you m ght use it in evidence against he r, did

you? --- 1'10.

The a ccusod i s !lot a timid sort of person, is she?

No , she i s not . She did not appear so .

Ye s. You woul d [".ay the ve ry oppo si t e , would you? 10

--- I repeat I1h 3t I have said - t hat she did not appear to

be timid.

But I s o::; she rtppearcd the very opposite. To persons

such a s yourself (Security Police ) she was quite aggressive .

She has neve r bee n that h'ay tOI'lards ce .

THE COURT: She has neve r ooen a ggre s sive t owards you? - -- No .

ADV. BIZOS : Doe s she w:1come your visits? ___ I1y l'Ord , when

I have arrived there she has jus t been as nermal as any

other person.

Do you rememoor askir.g he r "Vho are your visitors ?" 20

in English? - -- I never s aid t o her "Ifuo arc your visitors?"

in English .

Did you so::; it in SOIIC other languo.ge? --- Your \Jor­

ship , she put the que :Jtion to me "Who arc my vi s i t e r s?"

Oh ye s . I t !li nk on thi s aGpc ct you and the accused

arc fairly c10.:c to cach ether . You se c , she say s that she

asked you "\~ho arc who se v i~itors?" - -- She did ::;ay "Who ure

my vi s iter s? " .

So i n '.J.QI<IE!r to your que s t i on what e l'er it might havo

been , her anm·re r w<:\ s the asking of a que stion by herself? 30

That i s so , Your Vorshi~.

And i s t hut all s he suid? - -- Yo s , thnt i s all she s aid .

,~ 5. Aaron Khoza

I then pointed th0l:l out to her. \.lhen s he put that que stion ,

I pointed thee out.

And she said nothing? --- She Geid t hat they were

relatives.

But the only t hi ng she said about the ~rord "visitor.:;"

was t o ask a question her se l f? --_ Thot is so. Then I

pointed these people out ani she said "They aI'€ relative s."

Was I1niki agi t a t ed on your entry i nto the kitchen?

No.

Did he speak to the J,ccused a t all? - -- He e ntered 10

and he greete d .

And did he soy t hat he wanted t o toke his family away?

Your Worship , he IOOrely greeted when he ent e red the

house and he spoke out 8!.ilil md said tha t he had come t o

fetch his f 3Illily .

THE COURT : No, ;10 . INSIDE the house .

liN. BIZOS : IncidE or at t he door? - -- He 'I:lSrely greeted .

That waC all.

THE COURT : At trw door, l eavi ng . .•

ADV. BIZOS : ENTERING t he kitchen. 20

THE COURT : And on ent ering? No , it was at the car t hat

he sai d he had COI!lC to fe t c:1 his familY.

AN . BIZOS : But a t the kit c:hen door did he seGm agit ated?

No . not at t he door .

THE COURT : Do you mean on entering?

ADV. BI ZOS : On ontcrin~ -_ no , not at t he door .

Didn ' t ho say t hat the presence of police wasn ' t

l"clcol:lC to him - that he was on whnt he cOIloidered t o be a

very innocent errand? No . he did not 'l3Y so .

Did he at no 'lt agc S:10W une ase or d i ssati s f action 30

with your presence? --- YOI;.!' Hor shi p , I cannot spe ak as to

that. He neve r suid anything .

f'. Anron KhoZIl

Did you " :;k :ui t ,.. " !'lc('~any you to the kit chen? --­

Ye s , I did.

Ilhy did you \lant hie! to ACcompany you into the kitchen?

--- Rc said he hod COD'.o to fetch bis fc.mi~ and I wonted to

go and see hi s f~ily ins ide .

In hi s s i ght? - - - Ye s .

You tlado it [luito clear to him that you were checking

on him? --- Yo s , I w['ntcd to go and see m;yself .

Aod he s aid nothi ng and did nothing which suggested

to you that he resented your interference with an ordinary -I'

act of fatUl y life a s far as he waS concerned? --- He

never opoke . I can ' t say what he felt inside.

THE COURT: Did you notice any re sentment on his part? __ _

Ho. He was speaking ( uit e normal l y.

he did resent.

I t may be that inwardl;,'

ADV . BIZOS: Didn ' t be complai n to the people in the kitchen

that you were u shering him along to the kitchen? No . Tharu( you , Your Yorship .

RE- EXAMINED BY THE PROSECU'l'OR : You said dur ing cross-oxacina_

tion that you do not ~peak Engli sh so well as to exclUde 20

mistake s? That 1s so .

To fo l low up : In wt at language did the accused speak

to you whe n you referred to tbe banning order? --- Sbe would

speak Xhosa and she would o1so $peak English ,

Could you unders tand in Englisb tbat she had spoken

very well er not? -- Yes , I did .

And you a l so said that on OCCasions you spoke in Zulu?

--- I spoke Zulu .

Could she under.1t and that? --- Ye s ,

TIm COURT : Pur. it tl:li A wa:y : Can a pcr30n speaking Xhosa 30

understand a. person who speaks Zulu? ___ Ye s.

27. A~ron Khoza

TEE PROSECUTOR : Is it known to you that she can underst81l'l

Zulu? Yes.

No further eXUI'ination , Your \"orship .

THE COURT : You said ~n evidence that the accuscd l ~ st and 10

in 5 1%0 about ::;CO :3::..ta1'O foet? -- About that , Your Wor ship _

But you sai d it ~IUS bigger than t he f l oor space of

thi s courtroom? Yes , i t coul d be a little bigge r .

But th1 c room, to the Court . i s at least 45 or ~

foet x 50 foot it 50em3. Or ony 45 x 45? --- Yo UX' Wor ship ,

counting out tho size of the whole stand , it coul d l:e a 10

l ittle higger than that .

45 x 1,5 \/oul d 00 cons i dorubly ltore than 500 square

feet . That 1s the point . Do you acc what tbe Court 19

drivi ng nt? - __ Yes .

Thank you . You may go.

COCRT ADJOURNS FOR ... J1HiCH

UPQN RE3ID'iFTION THE fi!.OSECU':'OR CALLS 01.' COUNT 2 :

FRANCIS SMITH : Ycr:tla.r onder oed :

ONDERVRAGING DEUR Er i .'.AJflOJ.E.!! : I'lnr . Smith , is u ' n spourder

adjudant-offi s jc :::" Suid-Afrikaoncc Poli s io , verbonde ~an 20

di e V"eilighe i ,lc" fd()li:1g t e Johannesburg? --- Dit is reg.

Op dic ~Gde Oktober 1970 , die e ggcnd , \i11 ek hO u

moot din Hof verle l wat u dnardie oggund gedoen het en \~aar u

",o ::;? Om ongevoer R.?O , Edelogblll'C , he'\; ek by die

beskuldigdc sa bui s oangekolt .

Ka.r u om; die adrc s nou gee , I:'.flr. Stdtb? 8 115

Orlando-' •. '03. Ek bet by di ~' agterdcur ECkom en dit oop gc -

v i nd . Ell: hot gckl op cn i nBO l oop .

bodkamor not lung3 dio agterdour.

oop gowoes , Edc l agbare .

BcGkuJdi gdc wns in dio

1110 bo lkorr!or so dour wno

DEUR DIE HOF : "Die b :'l.rlkarro r no t l ang.'J die ~gterdeu.r?" ---

Ja . Ao.n die '.>inooJo::lr.-t y a n die hU1 ::l.

30

28 .

1) Se l~O deur \·/o.s OO?? - - - To. . Beskuldigdo sa sus'vc r

was in die kombuis ge'.1ees .

AANKLAER GUN VOORr:Q. : Watter suste r is dit nou? --- Ene

Prince ss . funlYl ok uaaX' gcstaaTl on 1"lo.g ~et • • (Tusscnbykor:.: )

DIE HOF : In eif' kornbu".s? - . . - J,\ . :!lit ~ . s vir a!'.1:; r lode 'J 1

ook t e korn . Vir ando:·.' ~.ed.e van d:~o Nag om ook by die ilUi s

om vir haar pill') i .!' d. :{:"" '0.: t(, J:1'.1. Hser suste:o:- r..3t

to, in die kaJt.t>X' :' l;E=-":, "):' .' :.J ·.et ii.e 50odj:',es u::"t&!kom . Ek

h,t ni ' gekyk ':'. 01." p: .. .. " .. we:!" , ao m e . D" h he"'; 'Y 10

bygeko1l'. Die d~ur was oopg~m~n::

DEUR DIE AANKT.AF.;:< , rlnr. Smi-:;b . Ilk \,'il nflt h ier rluidel:l.kbe{d

kry voor o;n~ V~":"l d~.e p,JJ"r~ o. f~;'HH! . U 10·3 " U'di di.e ka::.er . "

Watter kalte~ bedoel u? .- .. ~. D:'.t i s boskuldi gda eel slaapkun:.o.c.

I s daur netEl:::u s::"lJ.a?b~ulr.er i n di& hu:l. s, of n:eel~?

Daar 1 s net oon sJ.aapl:a:i'~r .

Gaun d.an voort o.::w('ol5.o!'r' --- i'iadat die ander led') , c'D

onder andere Kaptoin 10 Houz duar aangekcm bet, hot ons a1)(;i

na die s laapkmllar g:,:,;' <.1 •• • (T'~ '3 CCnbyko[lS )

DEUR DIE ROF : Al .... 'Ci ,; In TC3.::.t",::n I.e RoW!.? -- Dis korrok .

AAHKLAER : Ja? --- On, ; 'c-'-'; (!~ _e "91ok dcurr,;e,;,yk on onder €Gn

van die 'bcddo "-,: ~.:1 l.j.. >l ,o:;.1:cit0 r - <lit i ; die ced \ie,t tee!!

die buitemw >T" V ~.;1 d:·p h:;.3.c stann - • • • ~i )sso nbykoms)

HC".ov~,, ::' ~o dde .1s i:; dE'ar? ._-- Daar ! <l tHee .

Onder die bed h<t 0¥, iOr".nnd ~sien 16 . r.'''' het die perGoo :

bevool om uit to korn onder :lie bed e n l'.ei (k -(;oe gosi{. n oa';

dit Peter No.g1.lbo.ue ::" $ . ' .. lie bcke nQ i s aan CP .

DEUR DIE ROF : :let~' \>i"tgckon? .... _ ,Ta , L 'Y.l ' i ;;itgekoll'_ .

I n Bantooman? _ _ I Tl Buntoeman , Edc 1agoo.re . ]';1: t.o t

29. F . Smith

hom toe uit die hui z uit{;C ::lOem ns die kar toe .

ons hom genoem ns d i o I1ondol·,lnnds Polisi estasi e.

Late r bet

DIE AANXLAER : I1nr . Smith, be t u gesl cn wat die beskuldig<lo

mot die pl11otjie s - (onvol~ooid) . Ken u sien of dit pille

~;a$ wat die beskuldigc:k se sust e r san ho.o. r ge bring bet ult

die karner? - -- Ede l agbn:r'C neo , ok bet ni e so opgelet no.

list dit i s nie .

DEUR DIE HOF: l'1aar ~"t sy v ir h aar lETS gegce? -- - By het

hear i et s gegco , j o. .

let s kl Jin? --.- Edolagbare . ok \loe t nou nie of dl t 10

in In bottoltjio Ho.S of l e t s nie , maa r sy he t v ir hSl.lr iets

oorhandi g t oe s y u1t d i e kalOOr uit gekom het .

daarna opgclot, na ".Iot dit was nie .

Ek het nie

AANKLAF..R : Vas die bc s k uldi gd.€ t eem100rdi g in die s l aapkamer

toe u d1..; ma n , Peter I1agubano daar gev ind bet? --- Nee.

Pe t e r Magubanc , hoe lia S by geklp<>u:! --- 'Rt1"]",~,, ... 1.'<:' , h J'

was vol geklecd. gy hct Pn brock , hGmp en bo.odjic oangeho.d

sove r ek knn onthou . En skoone .

Dit i s rey hooi'ondcrVJ:D.",i ng , E'lelagb are .

KRUISVRAE DruB AJ)V . BIZOS : Nnr . Smit h, u weet dut die 20 on

be skuldi gde ge~loonlik :;till e neelD/dot sy ' n s ieklike persoon

i s? -- Nee , ok '.lee"'; ti .... 0: cy 3ieklik i s nie , Ede l agb are .

DEUR DI E HOF : V~()t u ',f sy !;'C"loonlik pille neem? - __ Nee ,

di "' w~et ek ook nie .

AJ)V . BIZ.oS : Gcdure nde h aar detenoie in di e Senh'urtl ~vt\np;eni(

in Pretori a , woe t u nie dut sy i n die hospitaal was nie?

Edol agbnre . nce, ok sou nie k en ~ nie .

U waS ni e met daar die saak betrokke nie? --- Nee , ek

110.13 gladnic daorby bctrokko nie .

Dunki e , Edo l agb a:re , nie UlCer vrae nie .

GEEN HERVRAE DEUE DIE AANKLA'&l .

'0 . !!d.. P. I e Roux

MARTEINUS JACOBUS P~US I.E ROHlf : .., &'*, ",,," -""1,,.,.. OO<\.:

ONDERVRAGplG DEUR DI E AA~: Kapt oi n u 1s ' t I ...,ffJ ,, 1. QL' .. ...

die Suid- Afriko.ansc Poli s i'3 , verbonde 'laD d10 V&i li ghelds­

afdcli ng? - -- Johannc ~burg, j a .

Die oggond v on die 16d.o Okt obe r 1970, ':13ar was u?

Verlel ons wet gebeur be t? - -- Ek hot ne. die huis van die 00-

skul digde gc g:W:1 in Orlo.n('.::J .

Wllt ~Ias d l 0 tyd? - - - Ek hot P. 20 voormiddag by d1e

hui s aangekom.

Ja? - -- As gevol g van i nU gting het ok d1e buig binne:!O

gcgaan ••• (Tus so nbykoms)

DEUR DI E ROF : Do ur watter :wur ? - - - Ret ok by die voordeur

aangcklop . ,.d judant - offis i e r Smith het no. die agterdcur

gogauD.

Dit 1 03 die l aast e getuic? -- - Dis re g , Edelagbare . Die

bui s $0 voord.c ur HaS vir my oopgcmaok en ok bet binne i n die

hui s ingcgaan .

AANKLAER : Kan u vir ons sd wie die dc ill' oopgomaok hot -

die voord.eur? - __ B."~r.toovrou Princo.'J.o; 11a.dikizcla .

DEUR DI E IiOF : Is 3y lie s us t o r van die ~.skul<Jil!:,lo··!

Ek het toe ingogaon . Toe ok binno i n die hui s kom, hot ek

vir mnr . Smith i n the kombuisdeur gekry .

DEUR DIE HOF : Di e kOlLbui5(lcur , mem ek aan , is die deur tue con die kombuis on dJ.o ()a t ka.roor? - -- NOQ , dit i s nou die

buitedeur , Edclar;bare. Di e 'oeslmldi,we 110S i n die b adkamer

se dour gnKte s. Ons he t to<: no. diu beskul<tigde se s l oap­

kamer gcgo.on e n ons hot vir Pe t e r Magub/:!ne _ SerloI'd Peter

Magubano onder d i e bed i n die s l a.a.pkume r gevind .

AANKLAER : Hut u hoo toe I;eggenecm van dJ.e huis af? - - - Ek het

hom no. die poli s io s t nsi c op Meadowlands gQllCem.

Kaptein, het u hom l at e r deursock - sy b aad jie sokke }c

of enigc ding? - -- Di s reg, Ede l agboro . Ek het hom deursoek

ell e k het twce s l e utc l s - (onvoltooid) . Ek het drie sleute::' r.

51. M. J . P . Ie Roux

by hem gokry ,

DIE ROF : Waor he t u hom dc ursoek?

DIE AI..NKLAER : Op wattor s t adium bet u hom deursoek? - __ Dit

was l uter dio dag.

Maar I~~ar? - -- By die peli s i cst asie ; toe ons aangc -

kom hot by die pol1 s i est asi e .

DEUR DIE HOF : By Heo.do~!l ondc? -- By Heado\dand s pol1 s1estasib.

En DRIE s leut<: l s by hom gekry? --- J a .

DIE AAN'.t<LAER : Die sl~ute l s I,at u by hom gevind het , was dit

aanmekaar vaSgellla~ of wes d1t los ? Dit was aangemuClk 10

vas@3mank , Edelogbaro .

DruB DIE HOO : Wa UI'lOOe ? ' n Ring of wat? - -- Dio bewysstuk-

ke i s voor die Hof .

DIE f~NKLAER : 1 3 dit die bewysstuk voor dio. Hof? --- D1t i s

die bcwysstuk voor die Hof .

Was dit vo.sgomo.ok so os dit nou i s ? --- Dit 1s re g.

Behalwe natuurlik die lyn en die kaartjio daaraan .

RINGETJIE I".ET SLEUTELS WORD AS BEWYSSTUK 1 INGEHANDIG.

Was dit i n d10501fc"\.0 p0 <31 S10 vo.sgemaak soos wat dit

nou veor die Hof i s ? Ek me rk o..,,1.t t weo s l eut e l s i s £Ian eon 20

ri ng en don is daar ' n ande r ring wet root die een verbind i s

en wat con s l eut el aan het ? - - - Dit I~as pres10s s 6 vasgemaJ, '

Het u oni gi e t s met die s l eutc l s gedoo n? - -- Ek het die

sleutels na die he skuldi gde 3e huis geneem on ek het gevind

dat diE< t\'iee s l e ute l s w",t er.e r s l yk daar , pas op die s l ot v an

huar bui t ekCIIlG r .

DEUR DI E HOF : Uo.t se s l ot i s dit? ' n Yale slot? --- Dit is

' n Yale , Ede l agborc.

DIE AANKLAElb Hot u en1g1ots omtront die ande r s leutel

uitgovind? --- V"ooroat ek nB die hui s toe gego.an he t, het ek30

vir Pe ter Magubanc on ' n vo rduidelik1ng ontre nt hierdie

s l eut 01s govr a ••• (Tussenbykoms)

32. M. J . F . Ie Raux

DEUR DIE ROF : Nog by l1eodowlands? --- No g by Me adowl ands ,

Ede l agh ure , en •. • ( tussenbykoms)

DEUR DIE 1\JJnCLAER : Ek gl o nie s y vor dui de lik i ng nun u SaJ.

toel natbanr \'/ecs ni e , ma.ar he t u eni gl ets gedoen omt rcnt

hicrd i o s l c ute1 ?

DEUR DIE ROF : I s dit nou diu de rde s1cut e l ?

DI E AANKLAER : Dit 1 s dia uroo r s l c ut o l wct u s{l nie P3S ni e.

U s~ die t weo he t @pns by die bui t ckame r so de ux , ni c waur

ni e ? J a .

En die ande r cen? - -- Dcardic een kO:1 ek nie die 10

s lo t van kry nie .

Kapt c i n , BE\;'YSSTUKKE A en B vo er die Hof (dit i s

inpe r kingsoovo l c ({at by di e Ho ! i ngehondi g i s reeds ) , dr a u

kc nni s v on hi c r die inr,>c r k i ngsbcvelc? - -- Ek \'/as t eenwoordi g

ge wees t oe cli~ inpe r k i ngsbeve l e op die be skuldigde best e l is .

Hv t u gct ekcn op 'beido vnn bulle \'/at best e l i s ? --­

Dit 1s kor ro k , Edc l agb are .

I s di e dvt um van be<;tcl ling aanget e ken? --_ Dit i s

korrek.

Toe di t best el i:3? --- Ja.

Kcn u die dat um onthou of wil u • • . ( tusse nbykoCls)

Dit i s dic~ 30st e Sep t cmt e r 1970 .

20

Kan u osscblicf oan di0 Hof verduide lik hoe di t best c l

i s ? I s dit net oor hondig , cf wot hct geoo ur? - -- Ons he t nl:\

die boskUldi gdG se h ui s gc gaan b:l Or l ando. On s he t ha ar

t u i s gcvi nd.

DEUR DI E HOF : Di esclfdo hui s , Fl115? - - Di eselfde hui s.B11 5 .

Or l a ndo.

fI.llNKL,~: J a? - -- Sy ho t ons na di e lJ i tkalOOr t oo gcv at , want

ok het gcs(j ek wil haar sprcek . Se r s. Fourie het i n my 30

too nwoordi ghc i d v ir hoor di e duplikaat oor spronkliko v on die

inpe r ki ngsbevc l e;egce . Hy ho t di e oor spronkl ike aan h ear

M.J.P. Ie Ro ux

gctoon en s;y \'/U::; gcvr n of sy Enge l s versto.on en of di t _ die

inhoud dno.rvun - i n In Bantoetool oon hoar oorvcrtolk ooct

word . Sy bet t oe ge s l') sy i s "Sngv l s mngtig en dit ko.n in

Enge l s (lan hnc.r oorG",l,,\.<s \','Jrd .

DEUR DIE ROO : Is dit toe mlIl hanr oor gelce s de ur Sersent

Fourie? - - - Sc r sont Fourio hot dio be l o inperkingsbevele

woord vir woor d c~n ho.o. r oor gclees.

DI E ,W1KLi..ER : En het haor t oe gavro. of sy die inhoud van

hicrdic i nporkingsbcvcle bcgr-jp - vcrst oan - en sy he t 00 -

vcstigc nd goant woord. Sy hot goont woor d "jn" .

Ede l agburc 1 1:1o.g ek ru t die Bcw;vsstukke A en B k:ry

10

assebliof? Kapt e i n , ok ~Iil he U !:loo t kyk no die rel aas van

bestelling ann die einde V(ln clkecn v un di e bevele e n nan

di e Hof vertel of dit afskrifte i s van wat U OIl haar re stel

bet en of dit die rclase i s lHit deur i ~teken i s a s getuie?

Dit is korrek , Zdelagbare . Dit is die inperkingsoovele

~:at op baar be stel i s op da9.rd1e betrokke datum . I",y hanc.--

teke ning verskyn ook as get.!ie daarop .

DEUR DIE HOO : Op bei<ie? - _ Ja , op aldrie .

DIE AAlOO.AER : U varwys nou na B:aJYSSTUW Ai , 2 en 37 20

Dis re g , Edelagbare .

BEWYSSTUK "B" veor iie Hof . di t i a In beve l uitgereik

aan Sex ford Pete r Magub oDO;1!:orrek? Het U ook do.ard1e :NOll,laS

get" ken? - -- Di .5 =6 . Ede l asbare . Ek. bet hom getek.en (In m:y

handtekoning vcrskyn _bierop .

En ~lanrlCer is daardie bevel 'betoken op dio persoon

daarin genocm7 --- Op die 30st e van September hierdie jaar .

Se xford Pe ter Hagub ane wat U lator op die oggond van

die 16de gcvind het in die huis van die beskuldigdo , i s dit

diesclfdc pcr soon aan ',~io U daardie bevol oorhandig het, ~,'

BEWYSS'l'UK B? - - - Ja , Korrek.

Dit i s my hoofondervragi ng van die ge tuie Ede lagb~.ro .

34 . I1 . J . P. Ie Roux

KHUISVRAE DEUR ADV. BlZOS : Kapt ein , is da ar net een slaap­

kamc r in di e huis? --- Dit i s korrek .

En i s daar twae beddens in daardi e sl aapkamer? --- Di t

i s korrck , Edelagbare .

Toe u di e s leutel s BEWYSSTUK 1. van mnr . l1agubane

weggenoem het , het u enigc indruk gekry of die sleut e l s hcelte ­

mal nuut is? --- J a , dit het voorgekom asof dit nUl-le sleutal s

is , Edolagb are . Dit was nu\~e s l e ute l s.

Dankie , Ede l agb a rc, ok het geen vcrdere vrae .

GEEN HERVRAE DEUR AANKLAER. 10

JOHN LEBELO : S~!orn . s t a t es -

EXAJ."1INED BY THE PROSE0UTOR: Are you a de te ctive - se r geant

in the South Afri can ?olice , s t ationed at John Vorster Square

and att ache d to the Security Br anch of the Police? --- That is /

I woul d like yoU to t €ll the COUl't wheM you had

been and ~!hat you ~Iere do ing on the morni ng of tho 16th of

Oct ober , 1970? --- I \'laS on dut y .

Wher e? --- At Orl a ndo Wost .

Yes ? - -- At about h al f - pa s t seven I saw two women.

entel' dl0 pr<:lmi ses of the accused .

THE COURT : How far were you t hen awo:y from them? --- About

335 paces , Your I% r sh ip . At quarte r t o e ight one of these

women camG out of tho yar d . At t en past eight • •• (int erv , )

In tho mor ning? A.m, ? --- Yes , Your Wor ship . Tbe

s o .

20

sau::e day. At ten past e i ght I saw a man walking towards tbe

toilet .

From bwe rc? --- I t was from t ho back of the bouse .

Towards the l~'lat ory? --- That is correct , Your Worship .

I thon informed tho others "bo were with me . They then went

up to thi s house . I fo llowed c'fentua l l y ; aft er a thee , 30

35 . J. I.cbelo

THE PROSECUTOR : Yes? - -- When I entered this yard - thot is

through the back gate - I TOO t up with t his man that I bad

seen going to the l avatory .

THE COURT : Ho\~ do you kno'.~ it waS the scur.e man? --_ I kne\'l

that by his build and his apparel .

THE PROSECUTOR: You met him where? --- At t he back gate ,

near the garage . He waS followed by Mr. Smith.

Is that one of the persons who testified in t his

case? The \.Ia~~t Off i cer? --- That is correct , Your Worship .

I entered t he house of the accused through the back door - 10

that is , thc kitchen door. In the house I found Mr . Ie

Roux in the kitchen .

bedroom.

The sist er of the accused wns in t he

The naClC of the sister please? --- I know her by the

name of Prince s s . The accused was then i n the bathrQom .

Tho accused then washed and Hont to the bedroom eventually .

They left \1ith u s .

Sergeant , c ould you recognise the two WOlOOn you Saw

there? --- No , I didn ' t know them .

During that morning did you at any s tage see the 20

o.ccused or her s i ster Princess a t any other place than 1£side

the house? That i s now before they were removed by

the polico? --- I so.w t hom.

Tell the Court about that. Whore did you see them ,

and when? Before I had seen this man going to the lavatory

I s aw the ac cu se d going to tho lavatory . She then returned

to the house . The s i s t e r of the o.ccused was busy s l';eeping

the yard .

Can you tell the Court who came out of the house first?

I ' m talking about the throe pers ons you have llX!ntioned 30

the accused, her s i s t 0r ond tho :nan? - -- ThO? s i ster of the

'6. J . Lebo l o

accused fi r st came out of tt.o house and s tarted sweeping.

And thon who r o llowed? Tho accused.

Now how l ong after you SaW the Sister for the first

time did the tlccuscd core out? _ _ A t i me.

'Wo ll, co.n you give us an ostimation, or can ' t you~

I could say about five minute s .

Can you t oll tho Court where the accused waS at the

time when tho man C~me out? - -- Sbe had already returned into

tho house.

TM two womon you hod seen tboro , from wbich direction 10

di d they appr oach the house'/ - From tho back , the front of

t ho house or- (uncomple t ed; --. They entered tbe back door.

THE OOURT : You don ' t soorn to unde rst ond tho question.

From whi ch dirocti on did t hey appr oach? __ Fr om the back of

t he houso .

East.

Tho house i s fac i ng west. They come from the

THE PROSECUTOR : Is t hat at t he back of the house or - (pouso) .

The E£lst e r n portion of tho houae is the back port i on.

Did you see the!:l go ing away from the house? --- One of

them .

That i s my exa.mination- i ll- ch i of , Your Worship .

CROSS-EX/iMINED BY ADV . BI ZOS : Now Se r geant , you see , I

f i nd the !le t wo wotoon a littlo strange. There ' s nothing

in tho char ge abo ut them , ,",ut I don ' t s uppose you can answer

as t o the l"C ason for th ... t . Do you say tha.t they .... ont INTO

the house , or that they mcrcly paooed through the premiseo?

Thoy ont ere d t ho house .

And the onc that you saw leavo , how long did she s tay

in tho houco? --- Fifteen mi nutu s •

..... ore they t ogethe r? - -- IJhon they ent ered they .. :ere }O

toguthcr .

37 · J. Lebelo

And you say you saw the one leave? --- Thet 1s so.

Also t hrough tho same door? --- That 1s so .

And you kept the house under observation all the t ime?

That is so.

And it isn ' t possible t hat you might bo mistaken with

the date on \,hieh thi s hEtppcnod , or the events? - - - No .

It t he other wotlon h'ld loft t he house, you ~/ould have

s een he r . Net so? --- Yes .

And you kept tho house properl y , as was your dut y ,

under observation fron the time they entered right up to the10

tittle that your colleagues went into the house? --- That 1s so .

You t old us that the OLe l eft and that you left her

to go in poace , so to speak? --- Ye s , \~e let her be .

\'lhat do you s uggest he:t:pened to the other one? - - I

don 't knOt"l.

l.'el1 , thoro must be sorre mistake sOl!:owhere. - -- No.

Ne mistake? --- No , I ' ~ not mistaken .

You are so convinced of the correctness of your own

observations that there couldn ' t be any mistake ; she had

to be in the house at the ti~ that you and your colleagues 20

went to the house? -_ She shoUld have been in the house

when my colleague ::: entered.

Yes. NOli you ' re not :::uggesting that - (pause).

How many of you were there in $.11? - __ I found Mr. Ie Roux

in the house .

Alrigl:t , we know that there was you , there was Captain

Ie Roux and Warrant Office r Smith . How many more?

The others came afteI'l-lal'd . They foune. me there .

THE COURT : But hOI~ many? D:l.d you only find Smith and

Ie Roux there? That is so. We I'lore then three.

HOH mallJ' others came later? _ __ Three .

,0

38. J . Lebole

ADV . BIzeS : So at one st ag(! t bere were t bree of you and at a

lat er st age thero 'lor e six? That 1s so.

You ' re not suggesting t hat you didn ' t search properly?

I didn ' t SCar ch

Was thore a thorough se areh of the house made? - - - I left

them i n tho house and I went outside .

But did you report t o t hem t hat you had seen a

woman enter the house , t hat ehe had not como out of the house

and that she bad t o 00 in t M hou8e? _ _ I infor med t hem that

t wo WO!l:on had ent ered.

And d i d you inform them that one had left? - - - That is

Therofor'() t hey knew t hat if t he information you gave

them was cor rect , they had t~ find a woman 1n the houso.

Corroct ? That i s so.

I don ' t s uppose you t-ol1eve that people can disappear

int o thi n air , do you? --- No , you can ' t .

So e i the r your observation was wrong , or thero waS

a mis t ake? - -- There "; ilS no :nistake .

A.nd your obsor-n;ltion WilS not ~lrong'1 --- My observat ion ;>C

waS good .

I wil l a~k you for the las t tioe whe t her you can t h ink

of any expl anation· for this st range happening? - -- I was not

so close whon the se two \'IOmen entered . Rlrhap s one of the

women could 00 one of the members of' t his house .

Oh-h- hl So no\,' when the ridiculousness of it dawns

on you , perhaps one of tho W::>lIlC:l could hav e been one of the

members of the house !

THE COURT : In ot her wo r do , it coul d have been oither the

accused or her sist e r , Princass? - - - It cb-ul d be her sister. 30

ADV . BIZOS : Princo ss? - - - Yes , Your Wor ship .

,). J. Lebo l o

You kllo\~ Princess well? Yos.

And you kno .... the accuSi)d we ll? -- Yes.

rf it 1s possible that it' s one of t hem t hat you mi s­

took for a strange woman , it mi ght be that you mistook both

of them for strange \lome D b3CUUOO you were 335 yards away?

__ No . Thi s cne that came out of the bouse , she 1 s ve ~

fr ail . It was not ono of t ho occu~ed and her si st e r .

1 saw her prope rly when she como out .

THE COURT : You ' re going a bit t oe f ast . The que s tion 1 s

this : If you could make a ada t okO about the one , it ' s

quito possible that you mistook both for stranger s. "'a ' re 10

talking about t he pcrtons ent o ring ncw; not coming out.

___ And the accused wasn ' t pre sent t he re .

AIlV . BIZOS ; In your evidence - in-chic f you made it Quito

c l oor that two s trange WOlOOn ent ered the house? That 1s ZO .

When asked wbethe r you might be mi s taken about thi s ,

you said there was no possibility ot a mistake? - - - I saw

t wo women.

Two strange! ..,OlOOn e nte ring the hOllOO . the one i n the

company ot the ot he r ? - -- It was t\~O womon walking on

toot .

THE COURT : !lot t ~IO strangc r !l? --- At that di s t ance I didn ' t

know them.

AIN. BI ZOS : Right. No"" . do you still at nnd by you s t atecent

that t wo wOlDOn other than t he accused and her s i ster, i n the

company of each other, ent ered tho house together? --_ The

accusod now i n COllrt was not 000 of tho two that ent ered.

That ' s not tho question I ' m asking. Do you still

s t and by your evidence - in- chi of s t atemont that two women

20

othe r than the 3ccused and he r sisto I' ent ered the hou$() from 30

tho East e r n s id.o through thl:! ki t chen door i n the company

of each othe r? - Do you s t a:ld by t hat statement or not?

40 . J. I.ebclo

cf IJach ot hlJr? Do you stand by that stat emont or not?

THE PROSECUTOR : Your Worship , with re spect , I cannot recollect

that this wit ne ss has tc stifiIJd that t wo wcmen OTHER THAN THE

ACCUSED Al"'lD HER SISTER entered . I con remember that he

ac t ually state d thot NO WOMEN entered the hous~.

stago he did not IIlO:.'ntion the accufmd or hor sis ter.

THE COURT : My notes rend : "I so;~ twc \~omen enter the

premises of the accused . "

AllV. BIZOS : I will c l (U'ifJ/ i t with the witness.

At that

Sergeant , when you said t hat you sal'l t wo WOMn

cntering and one leaving , did you i nt end to convey to His

Wor ship that t he two ~lO rr.en you saw ent ering W\lre strangers -

that is persons othe r than the accused and her Sister?

Did you intend to cenvey that? --- Nc .

You didn't intend t c convey that ? --- I said "~,cmen."

I see. No\\' thC ll , did I misinterpret your evidence

completely? --- You could have .

I ' m goi~ t o suggest t o you that you have deliberat ely

adopted tho objection of t ho Pros€:cutor and have got your-

10

self into trouble , .::Ind I ' ll show you how . Do ycu remember 20

my aski ng you ,olhether thn }:olice shoul d have found nnot her

woman in tho house? ___ Ye~ , you did ask me t hat .

And thon I askod you t o explain how it came about .

THE COURT : ExcuGe me for interrupting. l'1aaning by thot a

t hird WOman?

PorN. BlZOS : A third wonon .

THE COURT : Let ' s get t hi s st raight .

AllV . BIZOS : Yo s , t ho.:1k you , Your Wor ship. Meaning a third

woman; that t hoy shouJ.d beVEl foune. Ll. thi rd woman t he l"C?

- -- I said that I didn ' t l'()cogni so t hese t wo WOlDen . It

couJ.d havo boon t he s i s ter cf. the occusod , - one of thet:!.

Collection Number: AD1901

SOUTH AFRICAN INSTITUTE OF RACE RELATIONS, Security trials Court Records 1958-1978

PUBLISHER: Publishe,.- Historical Papers, University of the Witwatersrand Location:- Johannesburg ©2012

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