On 10 May twelve people re-appeared in court charged under the Terrorism Act with a wide range of offences involving the establishment of an underground network as members of the African National Congress by recruiting persons, taking them out of the country and returning others together with arms and ammunition for the purposes of sabotage.
The accused, eleven men and one woman, first appeared in court on 18 March. They were given copies of the indictment on 22 April. When they came to Pretoria Supreme Court on 10 May the men were in leg irons. When the hearing was completed they shouted "Amandla!" and were answered by "ngwethu!" from the public gallery.
The indictment, possibly the most serious in South Africa since the Rivonia Trial, consists of 79 separate charges. In detail these are as follows:
Mosima Gabriel SEXWALE (24) is charged with having undergone military training in December 1975 and November 1976 in the Soviet Union; with having entered South Africa secretly at the Border Gate with Swaziland near Barberton and bringing arms and ammunition into the country in November 1976; with advising and instructing a person in the use of weapons and explosives during November 1976, and procuring people in Sekhukhuneland, Soweto and Alexandra to undergo military training; and with throwing a hand grenade at two members of the South African Police, seriously injuring them and damaging a police vehicle.
Naledi TSIKI (21) of Soweto is charged with having undergone military training in the Soviet Union, with entering South Africa secretly at a place unknown for the purpose of sabotage; with sabotaging the railway line at Dikgale near Pietersburg during October 1976; with harbouring a terrorist named Phineas Norman Shabalala in Sekhukhuneland and instructing Sam Ndaba in the use of firearms in December 1976; and with recruiting people in Vosloorus, Sekhukhuneland and Soweto to undergo military training or join the ANC.
Lele Jacob MOTAUNG (23) is charged with having undergone military training in 1976 in the Soviet Union; with being in possession of ammunition and explosives between October 1976 and January 1977; and with having recruited, through Sammy Seatlholo, others to undergo military training.
Simon Samuel MOHLANYENG (23) is charged with entering South Africa secretly; with being in possession of firearms, ammunition and chemicals for explosives during November 1976; with recruiting or encouraging others to join the ANC, undergo military training or use firearms and explosives in the Odi and Vosloorus areas.
Elias Tieho MASINGA (24) is charged with undergoing military training in Mozambique; with secretly entering SA at Nestron, Ermelo, in October-November 1976; with infiltrating the Soweto Students Representative Council in October and December 1976 either alone or on behalf of the ANC; and with recruiting others to join the ANC and undergo military training.
Martin Mafeto RAMOKGADI (67) is charged with being a head of the central structure and/or main machinery of the ANC in Johannesburg between June 1976 and January 1977; with receiving R7,500 for the ANC; with crossing into Swaziland to arrange funds for the ANC; with receiving secret messages from ANC officials in Swaziland to further the objects of the conspiracy; and with recruiting people to join the ANC. Martin Ramokgadi spent 1963-73 as a Robben Island prisoner convicted of furthering the aims of a banned organisation, and was banned on release from jail.
Joe Nzingo GQABI (48) is charged with being the head of the ANC central structure in Johannesburg from June 1976 to February 1977; with arranging a meeting with student leaders in Soweto; with instructing others in the use of arms and explosives; and with attending an ANC meeting to discuss the overthrow of the government. Joe Gqabi spent 1965-75 on Robben Island for furthering the aims of the ANC and was banned on release from jail.
Petrus Mampogoane NCHABELENG (50) is charged with trying to recruit for the ANC in Sekhukhuneland in October 1976; with being in possession of arms, ammunition and explosives in November 1976; and with recruiting others to join the ANC or undergo military training. Nchabeleng spent 1964-72 on Robben Island for being a member of the ANC military wing and was banned on his release.
Nelson Letsaba DIALE (41) is charged with encouraging others to undergo military training in November 1976; and with being in possession of a pistol in January 1977. Diale was convicted of membership of the ANC military wing with Nchabeleng, and spent 1964-72 on Robben Island and was banned on his release.
Michael Mpandeni NGUBENI (42) is charged with instructing others to undergo military training, commit sabotage, form ANC cells and accept ANC-sponsored scholarships. He spent 1964-76 on Robben Island for sabotage offences and was banned to Rustenburg in the Northern Transvaal on his release. Defence counsel asked that he be sent for observation under the Mental Disorders Act on the grounds that he is mentally unbalanced; the implication is that this was precipitated by his treatment in detention. On 10 June the judge ruled that he was fit to stand trial.
Jacob Gaonakala SEATLHOLO (47) is charged with aiding and concealing four ANC recruits in July 1976; with concealing 'terrorists' from October to December 1976; and with being in possession of arms, ammunition, explosives and chemicals from October 1976 to January 1977.
Paulina Mamagotla MOHALE (26) is charged with procuring a person for military training in October-November 1976; and with typing or duplicating a pamphlet entitled "The Voice of the ANC (Spear of the Nation)".
The arrests followed the incident on 30 November near the Swaziland border when four men escaped from a police vehicle by throwing a grenade into the cab. Several of the accused were arrested in a police swoop in the New Year.
Opening the case, the prosecution stated that a common criminal purpose was alleged, and that each of the accused performed a particular function. The conspiracy involved the establishment of an underground network of ANC cells in Soweto, Alexandra, Rustenburg-Pietersburg, Sekhukhuneland and Lebowa. A transport system was organised to ferry recruits out to Swaziland and Mozambique, and arms to South Africa, where they were concealed.
The trial opened on 20 June with the evidence of Ian Rwaxa, detained on 1 December. He was warned as an accomplice and declined to consult a lawyer. He said he had recruited 260 people and made several trips to take them over the border. He said he had made trips across the border with three of the accused. However, during his defence cross examination Rwaxa told the court that he had been repeatedly assaulted by the police and forced to make a confession dictated by the police and to give untrue evidence in the trial. He asked the judge to order protecting him from police retaliation, but the judge said it was not in his power to grant this.
