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“What then happens when the state puts a philosophy on trial? This question is fundamental in the light of the infamous Black People’s Convention – South African Student’s Organisation (BPC-SASO) trial, where Biko’s associates were accused of treason under the draconian Terrorism Act. It is under the charges that inform this act that the trial of Black Consciousness takes place. The defense attorney, Mr Soggot, cross-examined Biko- as a defense witness – during the trial.
Judge Boshoff presided over the trial, and Mr. Atwell was the state prosecutor. It is key to point out this trial took place under the auspices of injustice, and it was a trial against blackness. The trial took place in Pretoria – May 1976 – the next month which saw the Soweto Uprising of June 16 where school children confronted the racist state opposing the use of Afrikaans as a medium of instruction. The very interesting thing to note is that it is in Pretoria where Biko died, two years after this actual trial.” Page 152.
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ATTWELL: What do you understand the charges are against the accused? BIKO: Well, I have been made to understand they are supposed to have conspired at some point in history – I do not know when – to overthrow the state through unconstitutional means. They are supposed to have fanned the feelings of Blacks that result in a state of racial hostility, something like that. This is what I understand. And I have been interested in this case all along, when I first heard about it I thought there could be something my men could have done. After a long, long time the State closed the case. What have they done? They have produced a mass documents, and this so-called, you know, conspiracy as far as I am concerned exists only in the minds of the State Police and probably you, Mr Attwell.
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