After eight days in court, the trial was still proceeding of 8 former officials of the Muzorewa wing of the African National Council, charged under the Law and Order (Maintenance) Act with committing 7 "acts of terrorism or sabotage." The men, who first appeared before a Special Court convened in Salisbury on 10 August, were among a large number of Africans admitted by the police to have been arrested and detained after a series of explosions in the Greater Salisbury area between 12 June and 20 July. The incidents culminated in grenade attacks on the night of 20 July on the Pink Panther restaurant and the La Boheme night club, both in the centre of the city, in which an 18-year-old white man was seriously injured.

The 8 accused, who pleaded guilty on 6 counts, are ELIAS MADOVI (30), GEORGE NYAGU (22), HOZEAH GANDIWA (29), NORMAN MUTOVONI (20), MOSES M. TSANZI (21), CRISPEN MUSHIPE (20), FREDERICK MUDZIKENYEDZE (20), and an unnamed 18-year-old youth. All the named men with the exception of Mutovoni, who comes from Highfield, are from Glen Norah township, Salisbury. A ninth man, PHILIP NYAGU (21), was remanded until 16 August for a separate trial, having decided to plead not guilty to certain charges of "terrorism and sabotage."

It would appear from a statement of facts presented to the court on the first day of the trial and agreed between prosecution and defence that the incidence of urban guerilla activity in the Salisbury area in recent weeks has been higher than the Rhodesian police have previously cared to admit. The court was told that during February 1976, the accused who "had become disillusioned with the manner in which ANC funds were being spent", formed themselves into a "prison committee" whose initial purpose was to organise the collection and distribution of moneys for detainees and political prisoners. Some time after the committee had been set up, "the accused decided that it was necessary to frighten the European population to such an extent that it would then force the Government to hand over to African rule. Accordingly, they decided that they would plan and execute acts of urban sabotage in Salisbury. Included among the targets selected by the accused at this initial stage were beerhalls."

The statement went on to describe how the men had obtained supplies of gelignite, fuses and detonators from a quarry to Mtoko, and two Chinese stick grenades from a group of guerillas, also in the Mtoko area of north-eastern Rhodesia. It was decided to use the explosives for sabotaging railway lines.

A catalogue of events presented to the court listed 7 attacks or attempted attacks on these and other targets in the Greater Salisbury area:-

  • 12 June - explosion on the Salisbury to Bulawayo railway line near Marimba. The charge was detonated, but trains passed over the damaged line without incident. * 12 June - explosion on the Salisbury-Bulawayo line near Mufakose Township. * 12 June - a charge, which failed to explode, was placed on the Salisbury-Sinoia line near Crowborough Road level crossing. * 12 June - explosion in the toilets of Katanga beerhall, Highfield. * 13 July - further explosion in Katanga beerhall. * 20 July - stick grenade explosions in the Pink Panther restaurant & La Boheme night-club.

A major CID operation was set in motion after the 20 July attacks, with R$2,000 being offered for information leading to the arrest of those responsible. A police spokesman subsequently declined to say whether the reward money had been paid out, or to specify the numbers arrested. It is thought to be at least 30. According to evidence presented to the Special Court by Detective Chief Superintendent Angus Ross of the CID, police learnt of the existence of the 8 accused through an "accomplice" and a number of people from the Mtoko area who had been arrested on 22 July.

On the second day of the trial the accused, who are being represented Pro Deo by Mr. Roland Hill, with Mr. Francois Joubert, asked for a two-week postponement to enable them to find a defence counsel of their own choice. They mentioned the names of two African advocates and an African attorney who, they said, had been to see them. Their request was refused by the Special Court President, Mr. Justice Smith, who told the men that Mr. Hill was not a "Government counsel" or the choice of the police, but had been appointed by the Court itself. (Under regulations governing the new Special Courts, the accused's right to choose his own defence can be overruled if this would result in "undue delay").

Five of the first 6 days of the hearing were taken up by a "trial-within-a-trial" after allegations had been made by the 8 accused of assault and intimidation by the police. These were categorically denied, and members of the court were shown a film of the accused men after their arrest making indications to the police at the scene of the bombings at the railway and beerhalls. It is believed to be the first time that such a film has been used by police at a trial-within-a-trial.

The "Pink Panther" trial is one indication of the speed with which cases under the Law and Order (Maintenance) Act are being brought to court since the introduction of the new Special Courts. Speaking in the Rhodesian House of Assembly, Mr. Hilary Squires, Minister of Justice, Law and Order, said that the Special Courts had "provided justice quickly... We can expect that a case will be disposed of in the courts within a week of arrest." Many accused have appeared without legal defence of their choice while at least two men, charged with failing to report guerillas, are known to have refused Pro Deo legal assistance. 17 men have been reported sentenced to death by Special Courts during a 12 week period from the end of May, and 76 people to terms of imprisonment up to life.

LATE NEWS: On 30 August, all 8 accused were sentenced to death by the Special Court. The ninth man was due to be tried on 31 August.

Source pages

Page 14

p. 14

Page 15

p. 15