In the first Terrorism Act trial to be held in terms of the new Criminal Procedure Act, four men were found guilty on the second day of the trial at the Supreme Court, Pietermaritzburg.
After a fifteen minute hearing on 1 August, the court took a further six minutes the following day to find the four guilty. Isaac Sithemlaiso Zimu, 28, Veli Sandile Timothy Edward Mthemba, 22, and Thema Khumalo, 18, pleaded guilty to the first charge of inciting others to undergo military training and to the second charge of attempting to leave the country to undergo military training themselves. The fourth defendant, Walter Buhlebyeya Mtshali, 29, only pleaded guilty to the first. No evidence was led and all were convicted as they pleaded.
The trial was dubbed a "15-minute trial" in the press, but it has in fact been prolonged by a series of adjournments. On 3 August, before argument in mitigation of sentence could be led, Mtshali made an application for his pro deo counsel to be replaced. The judge allowed an adjournment. On 8 August Mtshali told the court he wanted to change his plea: "I have had the benefit of other legal consultation engaged by my family and realise, for the first time, that what I've done doesn't constitute any offence under the Terrorism Act," he said. The other accused also requested their own legal representation and said they wanted to change their pleas to not guilty. Then on 23 August defence counsel for the four accused applied for the presiding judge, Mr Justice Kriel, to recuse himself from the trial. The application was made after it was learned that the accused's previous pro deo counsel, W. Menge, might appear in the case as a witness for the State. Defence counsel for one of the accused said that he had discovered that Cecil Rees, the Attorney-General of Natal appearing for the State, had acquired a sworn affidavit from Menge and that Rees' attitude was that previous communication between the accused and Menge was not privileged. Defence counsel said he had discussed this with the Bar Council, which had taken a serious view of the matter. He said the judge would be placed in a difficult situation because he had had communication with Menge, asking him to perform certain functions, and would now have access to his behaviour and conduct.
