During 1976 there were 19 trials under the Terrorism Act in South Africa, the largest number in one year since the Act's introduction in 1967. By mid December 22 people had been convicted and sentenced to a total of 134 years in jail. Altogether 69 people had been prosecuted under security legislation of whom 19 were acquitted or had the charges withdrawn. The remaining cases are still proceeding.
At the end of the longest ever trial under the Terrorism Act, the nine members of SASO and the BPC on trial since the middle of 1975 were finally convicted and sentenced on 15 and 21 December respectively.
Sentenced to six years' imprisonment were: Saths COOPER, 25, former BPC public relations officer and official of Black Allied Workers Union. Muntu MYEZA, 24, SASO president in 1973 and secretary general in 1974. Mosioua LEKOTA, 27, SASO permanent organiser in 1974. Aubrey MOKOAPE, 30, former BPC branch chairman in Durban, hospital doctor, banned person and father of two daughters. Nkwenkwe NKOMO, 23, former BPC permanent organiser and secretary general. Phadelani NEFOLOVHODWE, 28, SASO president in succession to Myeza.
Sentenced to five years' imprisonment were: Kaborane SEDIBE, 24, SRC president at Turfloop University of the North in 1974. Zitulele CINDI, 24, BPC secretary general immediately prior to Nkomo. Strini MOODLEY, SASO publications director, newsletter editor, founder of TECON drama group and banned person.
All were arrested following the banning of rallies called to celebrate Frelimo's victory in Mozambique in September 1974 and have been in custody ever since. Originally 13 men were on trial, but the first indictment was withdrawn and two of the accused were discharged, followed by the framing of a new indictment against nine and fresh charges against two. Of the latter, Rubin Hare was later discharged but in 1976 detained under the Internal Security Act, and Sadecque Variava was charged with Nomsisi Khuzwayo and released on bail pending trial which is expected to open now the main case is over.
The trial proper began in August 1975 and by the end covered nearly 9000 pages of court record, together with 1000 pages of documents. Defence costs are estimated at over R400,000.
The nine accused were in fact only convicted on two out of a total of eleven counts. They were found not guilty on the main count of conspiracy to bring about revolutionary change but guilty of acts capable of endangering law and order (such as issuing pamphlets, making speeches and calling rallies) and of unlawfully organising Frelimo rallies in Durban and Turfloop. Although the judge failed to find that SASO and BPC were subversive organisations or that the accused had acted clandestinely, his decision to convict suggests that hitherto lawful acts such as speeches attacking government policy can be deemed 'terroristic' offences. The judge accepted that the accused were sincere in believing themselves victims of an oppressive system, and said he did not expect imprisonment to reform their views. The sentences were therefore deterrent – to stop like-minded people from committing similar acts.
The judge refused to allow 'political speeches' to be made from the dock. Short statements were apparently allowed. Extracts from the accused's statements as reported in the press included the following: Nefolohodwe said "We love South Africa more than any other country and have been prepared to criticise it severely to try and improve it." Mokoape said that over the years they had spoken out against the humiliation of the pass laws, the agony of migratory labour, the horror of innocent Black children dying of starvation and the scars inflicted by incidents such as Sharpeville and Langa and no-one had disputed the truth of what they said. Cooper said SASO and BPC saw it as their right and duty to fight racial servitude and to achieve freedom for all in South Africa, both black and white. The Blacks claimed to fight against tyranny just as the Afrikaner had fought for independence from the British. Myeza said although South African society was racially structured blacks had never fought racism with racism. "Whatever we said was the truth and it has remained unchallenged."
An application for leave to appeal was submitted immediately the case ended.
