EDSON NJAGU, of Mbizi Kraal, Motko, and a watchman at a quarry, was sentenced to 15 years imprisonment for failing to report guerillas. Mr. Njagu is the father of Philip Njagu, one of the eight supporters of Bishop Muzorewa hanged in Salisbury in January 1977 (see above). He was convicted of failing to report, firstly, a group of guerillas who visited his home area between March and July 1976, and secondly, his son, nephew and their friends when they came to him seeking explosives intended for use in bombing raids in Greater Salisbury. DOUGLAS CHIRIPANYANGA, also of Mbizi kraal, appeared in court on similar charges.
REACH SIBANDA (39), the Organizing Secretary of the Pumula West branch of the Nkomo ANC, and TSHOKO MATHEMA (33) were each sentenced to 6 years imprisonment for failing to report the presence of guerillas in Bulawayo's African townships. Both men admitted having contact with two guerillas, one of whom was eventually shot dead by police at Pumula Bottle Store, over the period August to November 1976. In the course of the trial, the Special Court was told that guerillas and guerilla sympathisers had infiltrated the Bulawayo townships to a "serious degree".
An unnamed 18-year-old guerilla recruit from the Melsetter area, captured by Rhodesian troops during a raid into Mozambique at the end of October 1976, was sentenced to 10 years imprisonment for undergoing a course of guerilla training. He had been wounded in an attack on Genta, a camp 15 km from the Rhodesian border in Tete province, Mozambique, and had been flown back to Rhodesia for treatment. The boy was probably FILBERT TAKAWIRA (or TANGAWIRA), a captured guerilla who was displayed to overseas journalists in Mount Darwin shortly after the raid.
3 unnamed African men were sentenced to terms of imprisonment for failing to report guerillas, while KUFAS NKUBE was sentenced to death.
COMPOUND ZISENGWE, aged 65 and a market gardener in the Mtoko area was sentenced to 9 years imprisonment (3 suspended), for failing to report guerillas. He was alleged to have provided food and delivered messages to guerilla groups on a number of occasions.
Prison sentences ranging from 6 to 9 years were imposed on 14 youths aged between 16 and 19, after they had pleaded guilty to attempting to cross the border at Umtali to go for guerilla training in Mozambique. Another 19-year-old was sentenced to 6 years for recruiting others and 4 years, 3 to run concurrently, for attempting to join the guerillas himself. A number of girls aged between 14 and 15 were remanded for a week for sentence and to await probation officers' reports. The prosecution, putting the case for the state, claimed that the teenagers "were not the innocents they now pretended to be". "I have been asked by the police," he continued, "to point out that a considerable number of terrorists coming across the border and being killed are children of this age or slightly older. It is not likely that such children would spearhead the fighting but women not much older than these girls have been killed in the operations. And they have shown a certain amount of determination in their efforts to reach Mozambique. They were not unwilling sheep."
Prison sentences of up to 10 years passed on 6 African men for failing to report guerillas were reduced in a review of cases originally dealt with by the Magistrates Court. Sentences of 10 years and 6 years respectively, imposed on RANGARIRAI MUSOTO, a teacher, and TINAGO MARIRA, a tailor, were both reduced to 5 years (2½ suspended). HENRIK CHAUKE, JAPHETH GUMBO and JOSEPH MOYO, all staff at a school in the Nuanetsi area, had their sentences reduced to 5 years imprisonment (2½ suspended) in each case. MUNGANYANI KURANGA, a kraal-head, originally sentenced to 10 years, also had his sentence reduced to 5 years (2½ suspended). In his review, Mr. Justice Smith said that the original sentences had failed to take account of the vulnerability of civilians in remote areas and their unwillingness to draw attention to themselves by making reports to the police.
A further group of young people, some as young as 14, appeared before the court accused of attempting to join the guerilla force in Mozambique. 4 girls and 2 boys in the 15 to 16 age group were each sentenced to 2 year suspended prison terms under the supervision of a probation officer, one boy receiving 5 cuts with a light cane in addition. An adult, ALEC ZIWENDE, was sent to prison for 6 years, while in the case of 4 younger girls, sentence was postponed for 3 years. (It is possible that some of these girls were those who appeared before Salisbury Magistrate's Court a week earlier).
The Magistrates Courts continued after the Christmas break to deal with a succession of juveniles charged with attempting to leave Rhodesia for guerilla training. On 8 January an unnamed 15-year-old boy was sentenced in Salisbury to 2 years imprisonment, suspended for 3 years, and 5 cuts with a light cane. Like those convicted in December he had been arrested near the border at Umtali. On 12 January, DAVID and NOEL MUTAMBANI, both from the Maranke TTL, south of Umtali, were each sentenced to 10 years imprisonment on similar charges by the Umtali Magistrates Court.
Father Paul Egli, a Roman Catholic priest of the Swiss-based Bethlehem Fathers, was sentenced to 5 years imprisonment after pleading guilty to 5 charges of failing to report guerillas to the authorities. He was acquitted on a further 5 counts of harbouring and helping guerillas during the period July-September 1976, to which he pleaded not guilty. He was released on bail pending appeal, and on condition that he surrender his passport, remain within a 20 km radius of Gwelo and report to Gwelo Police Station once a week.
Father Egli, the Father Superior of Berejena Mission in the Chibi TTL between Fort Victoria and Ngundu Halt, was arrested at the end of November 1976 and held in detention for a month. His trial on 10-12 January 1977 was attended by, among others, the Roman Catholic Bishop of Gwelo, the Rt. Rev. Alois Haene, Bishop Karlen of Bulawayo, and a member of the Swiss Consulate-General in Johannesburg. Father Egli is a nephew of Bishop Haene. In an agreed statement of facts presented to the court, a number of incidents were described in which guerillas had visited the Berejena Mission and been provided with food and medical supplies. On one visit the guerillas had made speeches to the assembled pupils and staff of the mission school for about two hours. Father Egli also had made a speech and said the Lord's Prayer. The guerillas had danced and sang songs before leaving with a supply of food. Father Egli gave a desire to keep out of the war so that the work of the mission could continue normally as one of his reasons for failing to report the guerillas. He said that the mission would have assisted the security forces in the same way if demanded or forced to. Earlier, on being asked whether he had ever considered seeking protection from the security forces, Father Egli said that he "was a bit biased against the security forces and I had good reason to be." Some groups of the security forces in the area were good, but some resorted to cruel beatings of very many people. He added that he believed the mission would not be harmed by the guerillas because "we were working for the African people."
GIDEON SITORO, foreman at Mpunzi Farm, Mount Darwin, was sentenced to 10 years imprisonment on conviction of possessing a dangerous weapon. He was also accused of harbouring guerillas and failing to report their presence to the police within the prescribed 72 hours. The court was told that Sitoro and a group of other farmworkers had found a rocket launcher while cutting grass on the farm. Sitoro, who was in charge of the gang, had allegedly instructed two young labourers to conceal the rocket launcher in an anthill and had omitted to tell his employer or the security forces about it. He was also alleged to have organized food supplies for a guerilla group who visited the farm's beerhall.
MATHIAS CHRISTMAS VHUSO (20) was sentenced to 15 years imprisonment on charges relating to guerilla activity. He was alleged to have been part of a guerilla group that raided a store in Muduku Township, Chipinga, in July 1976, and stole radio sets, suitcases and cash. Vhuso, who was alleged to have made a confession to the police, claimed in court that he had been assaulted following arrest. Passing judgment, the magistrate pointed out that while the offence in question was punishable by death or life imprisonment, 15 years was the heaviest sentence that he as a regional magistrate was entitled to impose.
Two African Roman Catholic priests were each sentenced to 5 years imprisonment, 4 years of which were conditionally suspended in each case, for not reporting the presence of guerillas at the Avila Mission in the Inyanga district of the eastern border. Father IGNATIUS MUMBA and Father PATRICK MUTUMI (both names phonetic) both pleaded guilty and were granted bail pending an appeal.
