Over 4,000 people have appeared in court on charges of public violence and riotous assembly arising out of the recent disturbances. Figures collected by the SA Institute of Race Relations from June to the end of October showed that 1,200 had already been tried and 3,000 were still facing charges. During November and December the cases of dozens more were concluded, although many are still in custody or on bail awaiting trial.
By the end of the year at least 1,760 people had been convicted on such charges, with sentences ranging from fines to 3 years' imprisonment and many juveniles being sentenced to strokes of the cane, a sentence carried out immediately, rendering an appeal futile. In addition at least 30 men have been sentenced to longer terms (5 years or over) as a result of being charged under the Sabotage Act.
One of the disturbing things about these cases is paradoxically the high acquittal rate owing to insufficient or confused evidence, which reflects the indiscriminate methods of arrest employed by the police during the demonstrations: virtually anyone who could be caught was held and charged irrespective of his individual role in the disturbances. Thus in cases heard at Vanderbijlpark relating to events on 11 August, when several Africans were accused of stoning the police and shouting Black Power slogans, police witnesses admitted to being unable to identify any of those in court who allegedly were in the crowd. Some, who may or may not have taken part in the confrontation, were arrested later at home. In the end 27 were acquitted.
On 4 and 5 October during a case involving 23 young people at Tembisa, accused of illegal marching and breaking the windows of police houses in the township, the defence lawyer successfully secured the release of 16 on the grounds that there was no evidence to identify them and that wearing school uniform and running could not on their own constitute an offence.
As a result, most of those eventually freed by the courts had spent long periods in police custody, often on very flimsy grounds. Even more alarming is the evidence supplied by the police on the way indiscriminate shooting was used as a means of arresting 'culprits'. In a case at Bellville, Cape Town, a police officer stated that he "ordered his men to fire at the rioters because it would be easier to arrest them if they were wounded." When they did so "the crowd scattered but one of the constables found two wounded men lying in a shop." As a result of this practice several of those appearing in court had been shot at and wounded by police. A 19 year old boy from Cape Town was convicted of public violence after being shot in the arms, hip and leg. The magistrate said he deserved a stiffer sentence but as he would probably be a cripple for life he would only send him to jail for six months.
In Johannesburg a police officer told the court that five men from a crowd in Alexandra on 11 August were later seen at the police station bleeding with buckshot wounds, inflicted by the police. The same men were later charged with public violence and malicious damage.
