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INTRODUCTORY REMARKS BY DR. PERCY YUTAR<br />
WHEN I delivered my opening address in the so-called Rivonia Trial, the immediate reaction was<br />
that I had exaggerated the position and resorted to "dramatics" for some ulterior motive. Complete<br />
sight was lost of the fact that I am not (and never have been) a politician and that, as a lawyer, I am<br />
obliged, in terms of our law, to use the testimony to be given, both oral and documentary, as the basis<br />
for whatever I desire to say by way of opening, and that was all I did!<br />
As I had occasion to remark in court, I had not at any stage received any instruction whatsoever<br />
from the Minister of Justice, or anyone else for that matter, either directly or indirectly, as to who I<br />
should indict and on what charges: that was my responsibility, and, I may add, if I had to start that case<br />
de novo I would do the very same again.<br />
Quite apart from what I have read in the statements of witnesses, I myself was deeply shocked by<br />
and could hardly believe what I read in documents which were either in the handwriting of the accused<br />
or were found in their possession. These documents clearly revealed that the accused deliberately and<br />
maliciously plotted and engineered the commission of acts of violence and destruction throughout the<br />
country, directed against the homes and offices of State and municipal officials as well as against all<br />
lines and manner of communications. The planned purpose thereof was to bring about in the Republic<br />
of South Africa chaos, disorder and turmoil which would be aggravated, according to their plans, by<br />
the operation of thousands of trained guerrilla warfare units deployed throughout the country at various<br />
vantage points. These would be joined in the various areas by local inhabitants as well as by selected<br />
men posted to such areas. The combined operations were planned to lead to confusion, violent<br />
insurrection and rebellion followed at the appropriate juncture by an armed invasion of the country by<br />
military units of foreign powers. In the midst of the resulting chaos, disorder and turmoil, it was<br />
planned by the accused to set up a provisional revolutionary government to take over the<br />
administrative control of this country. The accused admitted the authenticity of all these documents,<br />
and also that their policy included the eventual overthrow of the Government of South Africa by<br />
violence. It is because of this that I submitted to the Court that this was a case of high treason par<br />
excellence, and it was on those facts found proved which constituted the crime, no matter by what<br />
name the crime may be called, that the accused were duly found guilty.<br />
In the main the documents provide more than adequate proof of each and every allegation<br />
contained both in the indictment and in the opening address, including<br />
(a) the involvement of Moscow, the Communist Parties of Algeria, China, Czecho-Slovakia, East<br />
Germany and several other countries in respect of the provision of financial assistance, arms,<br />
ammunition and military personnel, but, of course, this was to be kept secret for fear of international<br />
repercussions;<br />
(b) the fact that the African National Congress was completely dominated by the Communist Party<br />
of South Africa, and that between them they spoke for less than I of the entire population of South<br />
Africa. The fact of this domination was also to be kept secret from the rank and file of the African<br />
National Congress, and<br />
(c) the collection of large sums of money from persons and bodies of persons, in so far as the<br />
donors were not apprised of the facts set out in (a) and (b) above, nor of the fact that the moneys were<br />
to be used for the purpose of sabotage and revolution in this country.<br />
So strong was the documentary proof that it was barely necessary to adduce oral testimony in<br />
support of the various allegations made by the State, and for that reason I called as witnesses less than<br />
one half of the number of persons from whom statements had been taken by the Police. For that very