Over the six months July to December 1975, a total of at least 45 Africans are known to have been sentenced to a total of 555 years of imprisonment on charges under the Law and Order (Maintenance) Act. A further three were sentenced to life imprisonment, while twelve men received the death penalty or had their appeal against it dismissed. Besides acts of violence associated with guerilla warfare, the offences included encouraging young people to go for military training outside Rhodesia, and giving assistance to African guerillas or failing to report their presence in an area. The people convicted include local officers of the African National Council, teenagers, and villagers from the Tribal Trust Lands, often of advanced years.
The following is a summary of the trials that were reported in the Rhodesia Herald and the Sunday Mail; in some instances the final outcome was never reported. It can be assumed that many others were tried and sentenced, particularly in the more remote areas and in outlying magistrates' courts, with no mention in these national newspapers.
The accused come from many parts of Rhodesia ranging from Plumtree near the Botswana border to Gokwe and Kariba in the north-west and Mount Darwin in the north-east. Areas near or adjoining the border with Mozambique recur frequently in the reports: Mudzi, Inyanga, Umtali, Melsetter and Chipinga.
21 July 1975: Salisbury High Court: JULIUS CHIMEDZA, the first of about 20 members of the ANC held on recruiting charges, tried in camera, press and public excluded. No conclusion reported in the press.
30 July 1975: Salisbury High Court: NORBERT MUSHUMA, of Dzingire Kraal, Melsetter, sentenced to 9 years imprisonment for attempting to leave Rhodesia to undergo military training, a charge to which he pleaded not guilty.
1 August 1975: Salisbury High Court: An unnamed African youth, aged between 16 and 18, sentenced to 25 years imprisonment for possessing arms of war. Mr Justice Jarvis, passing sentence, said that he had taken it into account that the youth had been abdicated by terrorists at the age of 14; he had also co-operated after arrest and given valuable information.
6 August 1975: Salisbury High Court: BRAZIO CHIMUNGONDORO (30) sentenced to life imprisonment for involvement in the murder of 4 South African policemen in December 1974. Chimungondoro, from Chimanda TTL Mount Darwin, pleaded not guilty to the murders and also denied charges of assisting terrorists and failing to report their presence. Extenuating circumstances were found by the court for not imposing the death penalty. During the trial Chimungondoro showed the court marks on his body which he said were made by electric shocks administered by the police.
12 August 1975: Umtali Magistrate's Court: 5 African school students (unnamed), aged between 17 and 20, each sentenced to 10 years imprisonment for attempting to undergo military training in Mozambique.
15 August 1975: Salisbury High Court: CHARLES MUJURU and KEFASI MAVURA, from Gatooma, each sentenced to 15 years imprisonment on charges of recruiting six youths for military training in February 1975. Pleaded not guilty.
18 August 1975: Salisbury High Court: AGRIPPPA MUZAMANA (19), of Ngarima, Melsetter, sentenced to 10 years imprisonment for attempting to attend a course of military training. An unnamed 18-year-old youth was sentenced to 9 years imprisonment for the same offence. Both pleaded not guilty.
20 August 1975: Bulawayo Regional Court: Two Africans given suspended prison sentences under the Law and Order (Maintenance) Act. Trial held in camera - names, details of charges and length of sentences withheld.
(probably) 2 September 1975: Sinoia Magistrate's Court: Preparatory examination of PLAN GWEDE and FANUEL CHINEMUNGU on charges of involvement in the murder of Mr Peter Knight, a police reservist; the attempted murder of Mr Francis Glynn, a tsetse control officer; and being in possession of arms of war. The trial was adjourned until 15 September but the final outcome was not reported.
16 September 1975: Salisbury High Court: PHILIP FOYA sentenced to 17 years imprisonment for helping to recruit 17 African youths for military training in Mozambique. "Special circumstances" were found why the death penalty should not be imposed in that the youths had initially been recruited by others. Pleaded guilty. Leave to appeal was refused.
16 September 1975: Salisbury High Court: MOVEN MAHACHI sentenced to 15 years imprisonment, 6 conditionally suspended, on charges of helping to recruit 48 young people for military training in Mozambique. Mahachi was Managing Director of the Nyafaru Development Company, Inyanga, and allegedly involved in a recruiting "ring". Pleaded guilty.
18 September 1975: Salisbury High Court: SAMPSON MPANDUKI, a teacher from St. Faith's Mission, Rusape, sentenced to 16 years imprisonment, 4 suspended, for recruiting or encouraging 7 of his pupils to undergo military training in Mozambique. Pleaded guilty.
19 September 1975: Salisbury High Court: CRISPEN MOBIRA (19) and GOLIATH MUSHERE (17) each sentenced to 25 years imprisonment for possessing arms of war, laying a landmine in a road and firing at a Rhodesia Air Force helicopter in the operational area. Both pleaded not guilty. The judge said that it was "a borderline case where the death sentence might well have been passed despite the youth of the accused".
26 September 1975: Bulawayo High Court: FRANCIS TAFIRENYIKA MUDZINDIKE PASIPANODYA sentenced to life imprisonment for recruiting 12 senior students from the school where his brother taught in Mashonaland, for military training. Pasipanodya himself studied at the University of Rhodesia and was alleged to be closely connected with ZANU. Pleaded guilty to recruiting six of the twelve students. The judge said his case was a borderline one between death and life imprisonment.
26 September 1975: Salisbury High Court: SHANGWA MANGWENGWE (38), from Chiredzi, chairman of the ANC Victoria Province, acquitted of recruiting African youths for military training. The judge said that the accomplices had proved to be unreliable witnesses. Pleaded not guilty.
9 October 1975: Salisbury High Court: WILLIAM MAKIWA (22), a single man from Mtoko employed as a general hand at a school in Salisbury, acquitted on all charges at the end of a 9-day trial. Pleaded not guilty to attempting to attend a military training course and to recruiting or encouraging others; and not guilty to an alternative charge of conspiring with others to attend such a course. Three State witnesses were discredited as their evidence contradicted statements made to the police; two other witnesses failed to appear. During the trial allegations of police brutality were made.
10 October 1975: Appeal Court, Salisbury: Permission to appeal refused to GESHONI NYONI and BEN MANGENA, sentenced to 18 years and 16 years imprisonment respectively for undergoing a course of military training. Leave to appeal was granted, however, to NEPHAT and SIFELANI MANGENA, both sentenced to 12 years imprisonment for the same offence. All four men had originally pleaded not guilty, but subsequently altered their pleas to guilty. The trial itself was not reported in the press.
10 October 1975: Salisbury High Court: JOHN MUTASA, a director of the Nyafaru Development Company, Inyanga, sentenced to 20 years imprisonment, 8 suspended, on charges of recruiting a number of young people for guerilla training. Pleaded guilty. "Special circumstances" found to avoid the death sentence.
30 October 1975: Salisbury High Court: TAREWA OLIVER MUZOREWA, an ANC official, sentenced to 15 years imprisonment, 6 suspended, for recruiting 7 youths for military training. Pleaded not guilty. MAKORE D. USHE and REV. TAPADZWA J. NDERERE were cleared of the same charges.
11 November 1975: Bulawayo High Court: Judgement was reserved in the case of WILLIAM M. NDHLOVU, described as a "tribesman" and charged with recruiting or encouraging 7 Africans to go for military training between December 1974 and April 1975. Outcome not reported.
14 November 1975: Salisbury Regional Court: MANA MARUFU MASAURE and OBERT DANDAWA each sentenced to 10 years imprisonment, 2 suspended, for attempting to undergo military training. Both men came from Kariba Africa township. Masaure was alleged to have crossed Lake Kariba on a rubber tube on 4 February; Dandawa to have swum across on 6 January 1975. They were reportedly arrested and deported by Zamibian officials. Both pleaded guilty.
17 November 1975: Salisbury High Court: JERVAS KARINDA (20), a teacher at Nyakuchena School, Mudzi TTL, sentenced to 25 years imprisonment for recruiting 6 African youths, five of them under 14, for military training. "Special circumstances" were found why the death penalty should not be applied. The trial opened with Karinda pleading not guilty. Later in the trial a ruling was sought on whether or not "recruiting" implies a willingness on the part of the recruit, since in this case, two of the pupils involved said they were not aware of what was happening. The prosecution argued that the object of the legislation was to prevent recruiting by any means and was sufficiently wide to include "abduction".
18 November 1975: Salisbury High Court: MORRIS NYAGUMBO (50), former organising secretary of ZANU, sentenced to 15 years imprisonment, 5 suspended, on charges of recruiting a number of young Africans for training, between January and April 1975. Pleaded guilty.
18 November 1975: Bulawayo High Court: KEMBO MUHADI (26), a former school teacher, sentenced to 15 years imprisonment after pleading guilty to two charges of undergoing military training and being in possession of arms of war. A third charge of attempting to recruit people inside Rhodesia for training, to which Muhadi pleaded not guilty, was withdrawn by the prosecution. It was alleged that Muhadi went to Salisbury in 1972 after a spell as a teacher. In 1973 he was recruited by ZAPU and sent to Zambia and then Moscow. He returned to Rhodesia via Botswana in March 1975.
19 November 1975: Salisbury High Court: CHARLES MAYAHLE (33), a teacher of Mwacheta School, Chipinga, acquitted of charges of recruiting youths for training in Mozambique. Mr Justice Jarvis said that the State's case displayed "grave discrepancies" whereas Mayahle had "not been shaken in cross-examination." When the verdict was announced, there was a sudden burst of applause from the public seats. Those responsible were immediately censured by the judge.
21 November 1975: Bulawayo High Court: KALOT NDHLOVU, a 28-year-old miner, sentenced to 20 years imprisonment for encouraging 4 young Africans to join him for military training outside Rhodesia.
21 November 1975: Bulawayo High Court: EDMOS TWALA and AMON CHINYOKO each sentenced to 20 years imprisonment for having undergone military training in Tanzania and bringing weapons into Rhodesia, in the company of a group of guerrillas. On entering Rhodesia, early in 1975, it was said that they had been instructed by ZAPU leaders not to take offensive action during settlement talks.
24 November 1975: Gwelo Magistrate's Court: 11 tribesmen for Gokwe, whose ages ranged from 30 to 72, sentenced to between 3 and 5 years imprisonment each for failing to report the presence of terrorists in their area "as soon as reasonably practicable". JOJO HUCHU, a headman, and CHIBWE MANHOKWE, both aged 60, got 5 years; HEREMIAH DAKA (55), MUSORO MSEKIWA (55), MUNHAMO GUNADAYI (55), and JOSEPH MUROMA (40), got 5 years with 2 suspended; CHIYABADA MUSEKIWA - 4 years; FELIX TINARWE (30) and GAMANI TANGIRA (55) - 3 years, one suspended; CHIDUKAI MUTASA (70) and MUTANGI KANDORO (72) - 3 years, 18 months suspended. All pleaded guilty.
26 November 1975: Salisbury High Court: RICHARD S. ZABA (51), a schoolteacher at Gala School, Plumtree, sentenced to 14 years imprisonment, 6 conditionally suspended, for conspiracy in connection with recruiting.
27/28 November 1975: Salisbury High Court: RASHON KAUKAKA (23) and UPPERSON MUYAKA (25) pleaded not guilty to having arms of war between February and May 1975, and committing an act of terrorism by raiding a store in Gokwe area on 13 May, stealing R$300 and locking up 3 men. Also pleaded not guilty to an alternative charge of robbery. Outcome not reported.
10 December: Salisbury High Court: JACOB NDIWENI, a middle-aged schoolteacher with 4 children, and a former chairman of the Midlands North province of the ANC, sentenced to 14 years imprisonment, 6 suspended, for encouraging terrorist training. Pleaded not guilty. "Special circumstances" were found to prevent the death penalty being imposed.
12 December 1975: Salisbury High Court: PHINEAS DOMBOKO and CHABAYA GABRIEL, both of Musoruro Kraal, Chikwizo TTL, acquitted of the murder of an African whom it was alleged they had reported to terrorists as a "sell-out". Pleaded not guilty to the charge, and not guilty to 2 alternative charges under the Law and Order (Maintenance) Act. A "trial-within-a-trial" took place concerning allegations by the accused that they had been assaulted by police.
16 December 1975: Salisbury High Court: ANTHONY KUNISHORA PEDZISAYI (28), sentenced to 12 years imprisonment for encouraging six youths to go for terrorist training between 1 February and 30 May 1975. A resident of Tshovani Township, Chiredzi and Chiredzi branch chairman of the ANC, he pleaded not guilty. "Special circumstances" were found to avoid the death penalty.
17 December 1975: Salisbury Appeal Court: JEFTA ABRAHAM MUKOMBE, sentenced to 15 years for recruiting, had his sentence reduced to 10 years on appeal against conviction and sentence.
SENTENCED TO DEATH:
6 August 1975: Appeal Court, Salisbury: 2 unnamed men had their appeal against the death sentence dismissed; the death sentence on a third man was commuted to life imprisonment. The three were convicted in April of murder through their involvement in laying a landmine which subsequently killed one African and wounded a number of others. The two appellants whose death sentences were confirmed claimed that they had been assaulted by the police in order to induce confessions.
18 August 1975: Salisbury High Court: BENSON NCUBE and ROBBIE NYAMBABVU each sentenced to death on charges of recruiting six youths for military training in February 1975. Both men from Gatoooma. In December, their appeals against both sentence and conviction were dismissed.
15 October 1975: Salisbury High Court: CHIREZI WAYENI sentenced to death on two counts - taking part in a guerilla raid on a European farm in the north-eastern area in October 1974, and involvement in the murder of Mr Kaitano Phiri in November 1974, together with other terrorists. Sentenced to 15 years imprisonment on a third charge of possessing a weapon of war.
17 October 1975: Salisbury High Court: SHADRECK MACHISA, aged about 30 and living in Salisbury, sentenced to death on a charge of recruiting one other person for military training. Machisa pleaded not guilty to this charge and also of attempting to attend a training course himself. It was alleged that he had encouraged another man to go with him for training in Tanzania. Mr Justice Beck, passing sentence, said that "as the law stood the recruiting of even a single individual was no less a contravention of the section than the recruiting of a number of individuals".
(probably) 30 October 1975: Salisbury High Court: JOHN HLENGANI, (65) from Nuanetsi District, Victoria Province, sentenced to death for recruiting three of his nephews for military training in Mozambique. It was alleged that the three youths thought they were being taken to look for employment.
7 November 1975: Salisbury High Court: ELLIOT DUBE (22), REZA NYAMARUPA (18), and IGNATIUS MOTO (17), sentenced to death on three counts of murdering 2 Africans and 1 European members of the Rhodesian Security Forces in an engagement on 2 April 1975, and of being in possession of arms of war between November 1974 and April 1975. Acquitted on a further charge of committing an act of terrorism by firing on security forces on 19 March 1975. Nyamarupa and Moto were wounded and captured at the scene of the engagement on 2 April; Dube, also wounded, was captured four days later. The trial of a fourth man, REGGIE MUZIKA, was deferred due to his physical unfitness - he became paralysed as a result of wounds and appeared in court on a stretcher. All four men came from the Karoi area, and all pleaded not guilty.
26 November 1975: Salisbury High Court: KUREWAHNDADA MUZHERI (25), a junior ANC official in Que Que district employed as a credit controller by a local firm, sentenced to death for recruiting eight people for military training. A plea that "special circumstances" be found by the court was dismissed, in spite of the defence counsel's argument that Muzheri had not actually sought out recruits and that the recruiting had not been successful.
12 December 1975: Bulawayo High Court: REKISI PIKILI BRANTINO NCUBE sentenced to death on two counts of murder and to 25 years imprisonment on a charge under the Law and Order (Maintenance) Act of entering Rhodesia with offensive weapons and materials. Alleged to have been among a group of guerillas who attacked a car, killing two white occupants in northern Matabeleland in April 1975. Pleaded not guilty to murder, guilty to the alternative charge. Ncube denied that he took part in the shooting and told the judge he was "tertily upset by what members of the gang did".
