The end of the trial of Joseph Molokeng and other young Africans accused of inciting some 44 people to undergo military training came on 21 May when the judge convicted two of the original seven of contravening the Suppression of Communism Act and sentenced them to the minimum term of 5 years' imprisonment.
Patrick Maisela, one of the original accused, had already been remanded on separate charges, and following a series of prosecution witnesses whose 'evidence' had been produced under duress the judge discharged three more: Bheki Langa (23) Benjamin Msene (25) and Miss Phumza Dyantyi (27). He also said the state had not proved the main charge under the Terrorism Act against any of the accused, but that there was a prima facie case under the Suppression of Communism Act against the remaining four: Joseph Molokeng (34) Andrew Moletsane (23) Amos Masondo (22) and David Nhlapo (27).
Denying the charge, Molokeng said he had never spoken about communism at meetings of the Transvaal Youth Movement, nor of leaving the country. He had been interrogated for 30 hours without a break on his arrest.
Moletsane, also denying the charge, said while he had been a NAYO member and president of the Transvaal branch he had never discussed the formation of political cells or military training with Mr Vusi Sithole, a state witness.
Nhlapo admitted telling two friends he planned to go to Mozambique but claimed this was for the independence celebrations, not military training. He was prevented from doing so by his arrest.
Masondo claimed that his statement had been made on police instructions. He had been questioned mainly by Sgt. S.C. Smit at John Vorster Square on what he knew about the 'Azanian liberation movement'. His first statements were torn up as unsatisfactory. Then, he said, he was thrown on the floor, held down by a boot on his neck and threatened with more violence if he did not talk. Subsequently a number of things were written into a statement in his handwriting on Sgt. Smit's instructions.
Summing up, defence counsel claimed that the case against Molokeng and Moletsane was "verging on the absurd" and that the police methods used to obtain statements rendered them worthless. The prosecutor countered with "It is acceptable to use devious methods to obtain necessary information" but Mr Justice Steyn, giving judgement, commented "I have found the investigational methods used in this case very suspect and I have kept this in mind throughout my judgement." He referred specifically to Capt. A.B. Cronwright and Sgt. Smit who interrogated witnesses and told them to write statements.
The judge then acquitted both Molokeng and Moletsane saying the state failed to prove the only unlawful act alleged against Molokeng, and that "if the case against Mr. Molokeng was thin, then the case against Mr. Molotsane is as fragile as tissue paper."
However, Masondo and Nhlapo were both found guilty, of inciting two people to undergo military training. Sentencing them the judge said, "In terms of the Act my hands have been tied by the legislature which has seen fit to lay down the minimum sentence of five years."
