The trial of eleven men and one woman facing 79 separate charges under the Terrorism Act in the Pretoria Supreme Court is now in its third month with more State witnesses testifying to having been tortured by the police.
The accused are: Mosima Gabriel Sexwale (24), Naledi Tsiki (21), Lele Jacob Motaung (23), Simon Samuel Mohlanyeng (23), Elias Tieho Masinga (24), Martin Mafeto Ramokgadi (67), Joe Nzingo Gqabi (48), Petrus Mampogoane Nchabeleng (50), Nelson Letsaba Diale (41), Michael Mpandeni Ngubeni (42), Jacob Gaonakala Seatlholo (47), and Paulina Mamagotla Mohahle (26). All the accused have pleaded not guilty to all the charges, alleged to have been committed between 1962 and 1977.
Widely described as the most important political trial since Rivonia in 1964 it has been dubbed the 'main machinery' trial: some of the accused are alleged to have been part of the central underground structure of the ANC in Johannesburg.
After five days of giving evidence Ian Rwaxa, the chief State witness, said he had been repeatedly assaulted by security policemen in detention before making a statement, and that he had given untrue evidence to the court. He said he was beaten and kicked until he bled from his nose and mouth and an attempt was made to strangle him with a cloth. During this assault he lost consciousness twice and on recovery was threatened with death unless he co-operated. He was shown Mosima Sexwale, one of the accused, lying naked, bound and shivering in another cell, and was himself forced to sleep naked without blankets. He told the court of further assaults by the police, and of seeing another of the accused, Lele Motaung, who could not sit because of pain in his buttocks.
Eventually he made a statement: "I wrote what the lieutenant told me to write", he told the court. After a full day in the witness box giving details of the alleged police brutality and torture, Rwaxa asked the judge, Mr. Justice Davidson, to make an order protecting him from the police. The judge said he had no power to do this.
Later in the trial, defence counsel objected to the accused being brought into the court shackled together with leg-irons. The judge had already expressed disapproval of this earlier in the trial, and the shackles were removed in court.
The State continued to present its case through State witnesses. Stephen Lekgoro, who gave evidence of having been taught to use a machine-gun by one of the accused, said he had been in solitary confinement for 6 months and did not know whether his wife and children were still alive. Joseph Tseto, State witness, gave evidence of the use of his panel vans by some of the accused for trips to Swaziland, and said he had spent 6 months in solitary confinement worrying about his statement and his children. He said he knew he would have to appear in court and give evidence based on his statement and "if I forgot it I might get into trouble". Earlier the judge had rejected a State application for his evidence to be given in camera.
Elias Tsimo, another State witness, said he had been in solitary confinement since 12 December 1976, and had been tortured for a day and night on February 11 and 12 1977. He had been forced to stand during that time with his hands handcuffed behind his back, and his wrists hurt so much he lost the use of his left hand for 3 months. He was given electric shocks, suffered cuts on his tongue and inner cheek, and was shown a picture of a man hanging in a cell. The dead man was Dr. Ntshuntsha who had been arrested with him. Eventually he made a false statement, Tsimo said.
A nephew of one of the accused, called as a State witness, said he had been in solitary confinement for 7 months. Alpheus Ramokgadi said until a week before coming to give evidence he did not know whether he was to be an accused or a witness.
Another detainee, Super Maloi, refused to give evidence for the State unless he could first see a lawyer. The judge said that in terms of the Act under which has been detained this was not permitted, and warned him of possible prosecution, but he still refused.
A 14-year-old boy, held alone in police cells for 7 months, gave evidence of being taught to handle a Scorpion machine-pistol and Tokarev semi-automatic pistol by one of the accused.
Other State witnesses have given evidence of military training in the Soviet Union and African countries and of being shown or taught to handle machine-guns and explosives inside the country, of the sabotage of railway lines in the Northern Transvaal, grenade attacks on the SA police, general plans for revolution, recruiting young men to leave the country, and escape routes.
There have been reports of several hundred Africans singing freedom songs, chanting "Amandla" and giving clenched fist salutes outside the court room while waiting for the accused to be driven back to prison. From the gun ports in the truck the accused project their arms and return the salutes.
