Nine members of the African National Congress of South Africa were sentenced to jail terms ranging from seven years to life under the Suppression of Communism and Terrorism Acts in the Pietermaritzburg Supreme Court on 25 July 1977, after a trial which began on 14 May 1976.
Five of the accused, Themba Harry Gwala (57), John Vusimusi Nene (33), Mathews Mokholeka Meyiwa (53), Anton Ndoda Xaba (43) and Zakhele Elphas Mdlalose (51) were sentenced to life imprisonment. The judge commented in relation to the life sentence: "They (the five) have shown themselves to be dedicated revolutionaries, and there appears to be little or no reformation in their cases." All 5 had served previous sentences on Robben Island for their political activities and beliefs.
Of the remaining four accused, Joseph Ntuliswe Nduli (37) was jailed for 18 years, Vusimusi Truman Magubane (33) and Cleopas Melayibone Ndhlovu (42) were each sentenced to 15 years' imprisonment and Azaria Ndebele (40) to 7 years. The tenth defendant, William Fano Khanyile (40), had earlier been acquitted on all charges.
After the sentence the nine men stood up in the dock, and gave the clenched fist "power" salute to the public gallery. Then they sang "Nkosi Sikele Afrika", and were joined in singing by spectators as they were rapidly ushered out of court into the waiting vans. They were not allowed time to say goodbye to their wives and families. As they were driven out of the Supreme Court grounds spectators returned "power" salutes to the nine men.
The nine accused had been charged under the Terrorism Act for allegedly endangering law and order between November 1973 and March 1976 in Natal and Swaziland. The main charges related to the establishment of an 'escape route' for ANC recruits to leave the country; of recruiting 43 people for military training abroad and of communication with ANC exiles in Swaziland. Two of the accused were living in Swaziland at the time of their arrest from where they alleged they had been abducted by South African Security Police.
The accused themselves claimed they were furthering the aims of the South African Congress of Trade Unions (SACTU) and denied they were recruiting people for military training. SACTU is not a banned organisation in South Africa. Before sentence the men read statements to the court speaking of the suffering of Black people in South Africa and of their backgrounds in trade union work.
During the trial many extremely disquieting features, mainly to do with the activities of the Security Police, emerged. Allegations of torture were made again and again by accused and witnesses but the judge dismissed this evidence, except in the case of ANC organiser, Joseph Mdluli (who was detained in connection with the trial and died in detention on 19 March 1976). In this case the judge, Mr. Justice Howard, in a section of his 15-hour judgment, confirmed that the injuries that caused Mdluli's death in detention could not have been self-inflicted nor caused accidentally. The judge found that most, if not all, of the injuries on him were inflicted by one or more unidentified members of the Security Police. "We are satisfied that Mr. Mdluli sustained the injuries while he was in the custody of the Security Police. There is no evidence of how he suffered the injuries or in what circumstances. That is a matter peculiarly within the knowledge of the persons in whose custody he was at the time and none of them has given evidence", said the judge.
