An application for the discharge of the five men accused under the Suppression of Communism Act in the Transkei Supreme Court on the grounds that they could not be convicted under South African laws in an 'independent state' failed in March.
The five men, Dumisa NTSEBEZA, Lungisile NTSEBEZA, Meluxolo SILINGA, Michael NGOBIZI and Matthew GONIWE, are represented by Prof. John Dugard of Witwatersrand University.
They were detained in July and charged on 18 October but the trial did not begin until 8 November, two weeks after the Transkei became 'independent'.
The court rejected the application, citing the Transkei Constitution Act (Clause 69 (1)) which states that criminal proceedings begun before independence shall continue in all respects as if the Act had not been passed. In any case, three major South African security laws remain on the Transkei statute book – the Suppression of Communism (as amended to the Internal Security Act 1976), the Terrorism Act, and Proclamation R400 (which specifically concerns the Transkei).
Giving evidence, Dumisa Ntsebeza said he had been threatened with "what happened to Mdluli" (i.e. death) if he did not reply to questioning. Col. J.G. Dreyer, head of the Natal Security Police was called in by the Transkei to take charge of the investigation. Questions asked concerned the Azanian Liberation Front and the "Marxist Front". The five are accused of setting up communist cells to study communist literature.
