NDUKWANA AND FOUR OTHERS At the beginning of this year a number of students and SASM members from the Healdtown Institute secondary school were detained by security police in the Alice and Kingwilliamstown area and held under the Terrorism Act in East London. One, Vuyi Baleni, apparently became mentally deranged following detention (see FOCUS 5, p. 12) and has been committed to a mental institution at Fort Beaufort.
In June five of those held were brought to court and charged with planning or trying to leave the country to undergo military training. The accused were: * Sotomela Ndukwana, 19 * Vuyo Jack, 20 * Goodwin Mda, 19 * Phumelele Sizani, 22 * Ngcola Hempe, 19 All pleaded not guilty. (See FOCUS 5 p. 12, 6 p. 6)
Two of those detained, Andile Ngaki and Don Qupe, were apparently still being held under the Terrorism Act in September, despite the fact that Qupe eventually gave evidence for the State. The parents of two of the accused, Mrs Myra Jack and Mr Collins Ndukwana, were excused from giving evidence in person when their statements were accepted by the defence.
At the end of June the case was adjourned. During August the attorney instructing the defence, Mr M. Tembeni, was himself detained by security police apparently for calling for an inquiry into the death of Mopetla Mohapi in police custody. (See FOCUS 6, p. 7)
When the trial resumed on 30 August Tembani Pantsi, who earlier had refused to give evidence for the State (FOCUS 5, p. 12), was apparently called again, again refused and was jailed for a further two months.
On 21 September all five accused were convicted of inciting each other and others to undergo military training. They were sentenced to five years' imprisonment. Jack and Ndukwana were given an extra five years for going to Durban 'with the intention of leaving the country'; Jack's sentences are to run concurrently. ("South Africa - A Police State?" Christian Institute Report 20.9.76, RDM 31.8.76, 22/23.9.76)
RABKINS AND CRONIN On 7 September three Whites appeared in court charged under the Terrorism Act and Internal Security Act with conspiring with members and supporters of the SA Communist Party, the ANC and the PAC, and with preparing or distributing 14 or 15 different pamphlets since January 1973. (See FOCUS 6 p. 6)
Dr David Rabkin, sub-editor on the Argus newspaper, his wife Susan Rabkin, and Jeremy Cronin, lecturer in political science at Cape Town University, were arrested on 28 July. When the trial opened on 22 September, David Rabkin and Jeremy Cronin pleaded guilty to both charges. Susan Rabkin pleaded guilty to a lesser charge under the Internal Security Act of serving the interests of unlawful organisations. Jeremy Cronin admitted to having been involved in only ten of the pamphlets.
The trial followed the discovery of typewriters, duplicators, paper, addresses, pamphlets, fireworks, explosive mixture and a timing device in garages rented by Rabkin and Cronin in Cape Town. These had apparently been used to print pamphlets mainly on behalf of the ANC which had been clandestinely distributed. Some had been exploded in 'bucket bombs' in Johannesburg streets in March this year. (See FOCUS 4 p. 10)
All except one of the pamphlets had been typed on the typewriters found in the garage rented by Rabkin. According to press reports, one pamphlet referred to successful armed struggles elsewhere and said South Africans should 'know, master and use the skills of guerilla warfare'. Another dealt with Angola, saying Vorster and his western allies had been caught out trying to recolonise Africa. Another, posted in July 1974, urged its readers to fight for the right to strike, to call for the release of their true leaders and to reject the idea of 'homelands'. Copies of a message from the ANC had been sent to Cabinet ministers earlier this year, and another pamphlet ending 'Free Mandela - Hang Vorster' had followed the June killings in Soweto.
The case ended on 28 September with convictions for all three accused. In a statement David Rabkin said he did not regret his actions nor had his opinions changed; he still believed the ANC held out the only hope for 'all our people'. Jeremy Cronin said he worked for a democratic South Africa under the leadership of the ANC. He was sentenced to seven years imprisonment, David Rabkin to 10 years, and Susan Rabkin (who was 8 months pregnant) to 12 months - the minimum sentence - of which 11 would be suspended. (RDM 8/23-25/29/30.9.76; Times 8/23/24/29/30.9.76)
CRONIN'S STATEMENT [Extracts from Cronin's statement omitted]
FAKU AND GABA Two young men, Christopher Nceba Faku (20) and Mthetheleli Joseph Gaba (20) were sent to prison for five years for planning to leave the country to undergo military training. Evidence was led that they attended several meetings in Port Elizabeth where the possibility of escaping to Botswana was discussed.
Passing sentence in Grahamstown Supreme Court, the judge said that Gaba's role in the inept ill-prepared conspiracy had been a minor one, but that he had no option but to sentence him to the minimum term of five years. (RDM 25.9.76)
SELANTO ACQUITTED Vincent Selanto (see FOCUS 6 p. 6) was eventually acquitted of perjury charges relating to his evidence at the trial of Eric Molobi (see FOCUS 2 p. 8). The acquittal came on 9 July, after two security policemen gave conflicting evidence on their interrogation of Selanto. (C.I. Report 20.9.76)
TEN ANC MEN (NATAL) [Report on the trial of ten ANC members in Natal]
BLACK CONSCIOUSNESS [Report on the SASO/BPC trial]
MOSS AND FOUR OTHERS [Report on the trial of five NUSAS-connected individuals]
VARIAVA AND KHUZWAYO Sadecque Variava, originally one of the accused in the SASO/BPC trial, and Nomsisi Khuzwayo, detained in November 1975, are currently on bail awaiting trial (see FOCUS 2, p. 9). They are due to appear in Court in November 1976 but it is possible that the case will not begin before the SASO/BPC trial is over. (Christian Institute Report 20.9.76)
MAISELA: CHARGES DROPPED Patrick Maisela, laboratory technician at Baragwanath Hospital detained on 9 October 1975 and originally charged with Joseph Molokeng and others in the 'NAYO' case (see FOCUS 3, p. 4) finally had the charges against him withdrawn when he appeared in court for the seventh time on 24 August 1976. The charges alleged furthering the aims of communism and/or the ANC. The reason given for dropping the charges was 'no witness available'. (C.I. Report 20.9.76)
JAIRUS KGOGONG Jairus Kgogong, a hostile witness in the trial of Molokeng and six others connected with NAYO (see FOCUS 4 p. 10) who was arrested and charged with perjury and/or theft (he had produced in court the paper on which the security policeman in charge of the case had written additions to be made to Kgogong's statement). He was released on bail, to report to the police twice daily, and on 13 July disappeared into detention. Later, still in detention, he appeared in court and the case was struck off. He is believed to be still in police custody. (C.I. Report 20.9.76)
MICHAEL TSAGAE Michael Tsagae (19), a law student appeared in Johannesburg Regional Court on 14 June charged with assault and disturbing the peace. The charges arose from the confrontation on 18 March 1976 between police and demonstrators outside the Rand Supreme Court where Molokeng and the other NAYO people were being tried (see FOCUS 4 p. 10). Tsagae pleaded not guilty. On 6 October Tsagae was acquitted. (RDM 15.6.76, 7.10.76)
HEINEMANN ELECTRIC [Report on the trial of Metal Workers and Allied Union officials]
BEN LOUW Benjamin Louw, an active SASO member from Cape Town, who in 1975 was twice detained (for 150 days and 65 days) was again arrested at the University of the Western Cape, where he is a student, on 4 August 1976 and taken to Johannesburg. On 20 August he appeared in Court under the Terrorism Act, charged with having incited people to undergo military training. (C.I. Report 20.9.76)
ANTHONY HOLIDAY The Cape Times reporter Anthony Holiday (35) detained on 28 July appeared in court on 8 October on charges under the Terrorism Act. He was remanded in custody for summary trial at the Supreme Court on 8 November. No further details were given, nor were charges preferred against other pressmen detained at the same time. (RDM 8/9.10.76)
MRS MBALA In a brief item it was reported that on 15 September a 60 year old African woman named Thenjiwa Edith Mbala appeared at Johannesburg Magistrates Court charged under the Suppression of Communism Act. Bail was refused. (RDM 16.9.76)
