TRANSKEI FIVE CONVICTED Five men accused in the Transkei under the Suppression of Communism Act (see FOCUS 8 p.8, 10 p.15, 11 p.3) were convicted early in September.
Dumisa NTSEBEZA, 27, Lungisile NTSEBEZA, 23, Meluxolo SILINGA, 23 and Matthew GONIWE, 30, were each jailed for four years and Michael MGOBOZI, 23, was sentenced to two years, suspended by the judge on the grounds that he had played a minor role in the conspiracy.
During his 15 months in detention, Matthew Goniwe contracted spinal tuberculosis and came to court on crutches. Dismissing a plea for mitigation on medical grounds, the judge said the required treatment could be obtained in Umtata prison. (W 4.9.77)
CHRISTMAS TINTO CONVICTED In August a former member of the ANC appeared in court charged with an offence under the Internal Security Act. Christmas TINTO, 52, of Guguletu, Cape Town, was alleged to have encouraged students to go for military training to further the aims of the ANC and other banned organisations. At the time of his arrest he was president of the Western Province Soccer Board.
No state witnesses were identified in court. One student described meetings at Tinto's home in January and February this year, at one of which, she said, Tinto had told the group of his membership of an ANC cell, which was said to include Elijah Loza, the detainee who died in Tygerberg Hospital on 2 August, and who was detained in May, as was Tinto. Other witnesses claimed that Tinto had told them of ANC activity in the 1960s and later, offering to help the students if they wished to go abroad for military training. (CT 17/18/19/20.8.77)
In defence Tinto said he had been an ANC member until its banning in 1960, but was no longer; on request, he had given the students a brief history of the ANC from 1912–60. He denied having spoken of possible routes out of South Africa for military training and said he had advised the students to return to school. Their evidence was untrue.
The court found Tinto guilty and sentenced him to seven years imprisonment. (CT 13/14/15.9.77)
LINDIWE SISULU Lindiwe Sisulu, daughter of ANC leader Walter Sisulu, serving a life sentence on Robben Island, has been released from detention after eleven months. Miss Sisulu (23) was detained last June, just before the uprising and held for 329 days in solitary confinement. (CT 11.5.77)
MARITZBURG TEN WITNESS CONVICTED Mdelwa Franz KUNENE, 31, a witness in the case of the ten ANC men concluded in Pietermaritzburg in July (see FOCUS Nos. 6–12) was jailed for six months after being convicted of perjury on 2 September.
Kunene, who was recalled by the defence to say that previous evidence he had given was untrue (see FOCUS 10 p. 15) repeated this statement in his own trial. He had been told what to say by the police and had received R125 for doing so. The judge said it was impossible to tell which of Kunene's statements had been false. (NW 19/20.8.77, 3.9.77)
APPEAL Two of those convicted in the main trial, Joseph Nduli (sentenced to 18 years) and Cleopas Ndhlovu (15 years) appealed against the judgement in September on the grounds that they had been unlawfully arrested in Swaziland. (see FOCUS 6 p.5) On 7 September judgement was reserved. (RDM 8.9.77)
POLICE WITNESS KILLED Following the trial a security policeman, Det. Sgt. Leonard Nkosi, who had given evidence for the state, was shot dead at his home by unknown assailants, in what was reported to be a political assassination. He was killed by bullets from a Scorpion machine pistol fired through his bedroom window. (D. Tel. 13.9.77)
Nkosi, who left South Africa in 1963 and undertook political and military training abroad, was caught by Rhodesian security forces while making his way back to South Africa as a guerilla fighter. He 'changed sides' after his arrest and joined the South African security police in 1970; thereafter he gave evidence in several Terrorism Act trials, including that of the Maritzburg Ten. (RDM 12.9.77)
THREE ACQUITTED Garnet Themba MLANGENI, 33, Paul Nphiheni FAKUDA, 33, and Mpho Vincent MASHININI, 17, all accused of recruiting others to go for military training (see FOCUS 12 p. 10) were on 30 August acquitted of all charges, on the grounds that Mashinini's evidence, given in camera after six months in solitary confinement, was contradictory and unreliable. The evidence of his mother and another woman was held to be insufficient. Mrs. Mashinini had told the court of visiting the PAC headquarters in Swaziland to see a younger son who was going abroad for education.
During the trial three state witnesses who told the court their police statements were false were arrested and charged with perjury. They were William Tshimong, 20, Johannes Ramolhabi, 19, and Francesco Ntwe, 21. Tshimong said he had made a statement regarding Mashinini's part in the school boycott of Afrikaans, and been forced to add that Mashinini had urged him to go abroad for military training. Seized by security police as he left the witness box, Tshimong was dragged from the court screaming for help, saying the police would beat him up. Defence counsel intervened but he was arrested nevertheless. (CT 23/24.8.77; W 23/25/30.8.77, 1/4.9.77; RDM 25/26/31.8.77, 1.9.77)
JAILED FOR WRITING LETTER A 17 year old youth whose name was not given in the press was jailed for five years under the Terrorism Act in Bloemfontein regional court on 22 September.
The case arose from 'inflammatory statements' said to have been mailed to the secretary of the Tswana School Board in Bloemfontein earlier in the month. Pleading not guilty, the accused said two other youths had forced him to write the letter. (CT 23.9.77)
MSITSHANA CONVICTED Self-styled Soweto 'rabbi', V.J. Msitshana (see FOCUS 12 p.11) was on 30 September convicted of producing and distributing an inflammatory pamphlet urging attacks on government property during last year's uprising, and sentenced to five years under the Terrorism Act.
In evidence Msitshana, a former policeman, who admitted praying for the government in his 'services', said that he was regarded as a collaborator and informer by the Soweto students. He had written the pamphlet because he had been threatened and because of a 'divine command' in a dream. On conviction he blessed the court. (W 23.8.77, 1.9.77; RDM 26/31.8.77)
PRETORIA TWELVE At the end of September the state closed its case against the eleven men and one woman accused of ANC organisation and sabotage activities (see FOCUS 11 p.1, 12 p.9) after having called a large number of witnesses.
Three men, Super Maloi, Matheson Morove and Billy Masethla, refused to give evidence and were jailed for six months (RDM 22/29.9.77). Another witness, Newton Mosime, retracted the evidence he had given against Michael Ngubeni, one of the accused, saying his original statement had been made after assaults in Rustenburg police station (RDM 24/25.8.77). Alec Nchabaleng refused to give evidence against his father; access to a lawyer was allowed (RDM 24.8.77).
An application for the discharge of accused Paulina Mohale on the grounds that the evidence against her was inadequate was rejected by the court.
Four youths gave evidence that accused Simon Mohlanyeng had explained the underground structure of the ANC and encouraged young people to go abroad for training. (RDM 4/9.8.77; CT 11.8.77; W 12.8.77). Three other youths and Antoinette Ngubeni gave evidence against Michael Ngubeni, who was said to have spoken about recruiting and sabotage in Rustenburg, where he was restricted (RDM 24/25/26/28.8.77). Three men gave evidence against accused Nelson Diale, including his father, who said Diale had spoken of recruiting in Sekhukhuniland in December 1976. He was also said to have offered recruits R20 per day. (RDM 24/27.8.77; W 30.8.77).
Evidence against accused Jacob Seatlholo was given by Freddie Motaung, who had a previous conviction as a habitual criminal and was said to have been given a bagful of chemicals by Seatlholo. Arms and ammunition were later found hidden in Motaung's garden in Alexandra township. Similar evidence was given by police witnesses, who said Seatlholo's fingerprints had been found on explosives containers. Seatlholo was also said to have revealed the location of the arms cache. (W 10.8.77, 8.9.77).
Fingerprints of accused Lele Motaung were said to have been found on the same containers, and he was alleged to have taken police to a house in Alexandra where 255 pamphlets entitled 'A Message to the Workers from the South African Communist Party' were found. A former prison warder, Thompson Mbutu, who claimed to have been held by Frelimo in Mozambique on suspicion of being a BOSS spy, said he had met Motaung in Maputo and been asked to go for military training. He also claimed to have met Elias Masinga (accused) in Mozambique, who told him that he was a member of the ANC. In cross examination Mbutu denied being a spy or having said he was interested in military training. (RDM 2/3/8.9.77).
Police witnesses gave evidence of accompanying Motaung to a house at Jonathan near Pretoria where 104 bullets and grenade components were found. The house was said to be a hiding place used by the accused Motaung, Sexwale and Mohlanyeng. Police also told of the discovery of an arms cache in Sekhukhuniland in Mohlanyeng's presence (RDM 10.0.77).
Evidence was given of pamphlets entitled 'Spear of the Nation: the war is on' and other documents having been found at accused Joe Gqabi's home in Soweto. A state witness against Gqabi was Abel Mtembo, who said he had been trained in China with Gqabi in the early 1960s. Mtembo gave evidence in the Rivonia and other trials; defence counsel recalled that his evidence had been rejected as unreliable in the 1965 trial when Stephen Naidoo was acquitted (RDM 1/9.9.77).
Georgina Mhlabane was warned as an accomplice when she gave evidence against Sexwale, Motaung, Mohlanyeng and Tsiki, of plans to go to Swaziland to collect guns (RDM 1.9.77).
The two policemen injured in the explosion in a land-rover on the border on 30 November also gave evidence, identifying Sexwale as one of the four men involved. Evidence against Sexwale was also given by Jacob Seatlholo's disabled younger brother (W 12.8.77; RDM 20.9.77).
After the state case closed, defence counsel submitted admissions on behalf of Mosima Sexwale, who admitted leaving South Africa for training and being involved in the land-rover attack; and of Naledi Tsiki, who admitted leaving South Africa and participating in a sabotage incident in the Pretoria-Pietersburg railway line in October 1976. The defence also accepted expert evidence that some of the weapons of communist origin captured by police were superior to those used by the South African Defence Force. (RDM 29.9.77)
SPRINGS SIX In the trial in Springs Special Court of six men accused of offences relating to the possession of arms and explosives following the explosion in a Soweto 'bomb factory' (see FOCUS 12 p.10) evidence was given by two men who were in the house at the time of the explosion.
Lazarus Ndlovu said he had joined the ANC in October 1976 following the funeral of a relative killed in the uprising. He had later been invited to join a group because of his skills in welding and radio repairing. The evening of the explosion (7 January - see FOCUS 9 p.10) he and three others, named as John Phala (accused), Sipho Nhlapo and Elmon Malele, who was arrested after the explosion and died in police custody (see FOCUS 9 p.8) went and fixed a small bomb to the Johannesburg-Vereniging railway line. Later, in a Klipspruit house, he said Patrick Mabinda was giving instructions and Edmund Nkuna was wiring a bomb when the explosion occurred. The blast killed Nkuna and injured Ndlovu, who was arrested at Baragwanath Hospital.
Solomon Ngubane also gave evidence to the effect that he was injured in the explosion and arrested at Baragwanath. Taken first to Johannesburg Fort and then to Pretoria prison, he was returned to John Vorster Square to make a statement, where he found Mabinda and Phala on the 10th floor. Later Mabinda, who was described by the prosecution as a 'trained terrorist' and said to be the leader of the group, escaped from custody and fled to Tanzania. (see FOCUS 10 p.12, 11 p.5)
Earlier two other men gave evidence against John Thabo, describing how they had been invited to join a group meeting in Thabo's room at Nancefield Hostel where 'military training' was given on Saturdays. On one occasion Mabinda allegedly demonstrated how to assemble a bomb using a watch, battery, detonator and TNT. Mabinda was said to have claimed that the bombs were intended to 'cripple the economy'.
Lt. Adam described how an automatic rifle, grenades and another gun were discovered in a false-bottomed suitcase in a house in Mapetale, and grenades and detonators in a shopping bag in a house in Dube. The ANC picture story book 'Simon and Jane' was discovered in Thabo's home in Sibasa; he explained that he had found it in Nancefield and taken it home to give to his children at Christmas. (W 11/14.8.77; RDM 23/24/25/26/31.8.77, 1/8.9.77, 6.10.77)
CANZI LIYA Canzi Liya, 27, of Soweto, appeared in the Johannesburg Magistrate's Court on 24 October, on charges under the Terrorism and Sabotage Acts.
The State alleged that between June 1 and June 16 1977, the accused committed acts in Johannesburg, Kagiso and Langlaagte with the intention of disrupting law and order. It was also alleged that he possessed explosives, firearms and ammunition - 200 g. TNT blocks, a Makarov 9mm automatic pistol and two Makarov magazines with bullets.
Joseph Thabiso Koetle and Sidumo Nobanda, who were not before the court, were named as accomplices. It was alleged that Liya and Nobanda went to Langlaagte station at night and attached the explosives to a railway truck containing fuel. After this they are alleged to have sent a telegram to the ANC in Botswana, saying: "The baby was well but not sure of its health as yet".
The hearing was postponed to October 28 after the prosecutor said Liya was no longer being detained under Section 6 of the Terrorism Act. (RDM 25.10.77)
NKABINDE AND SIMELANE Two students from Mamelodi, Pretoria, appeared in court at the end of August charged under the Terrorism Act with attempting to leave the country for military training between May and August 1976.
Andrew Amos NKABINDE, 19, and Simon Zenzele SIMELANE, 21, both former pupils at Vlakfontein Technical High School and alleged members of Mamelodi Students Representative Council, were said to have asked two teachers to help them leave the country. Both accused denied the charges. (RDM 25/26/27.8.77)
MASUKU AND NKOSI In September two men appeared in Pretoria magistrates court charged with receiving training in urban warfare and sabotage outside South Africa, and with possessing firearms and explosives.
Thomas MASUKU, 27, and Themba Stephen NKOSI, 19, pleaded guilty to the charges, saying they had been trained in Mozambique and Angola. Masuku told the court he had been trained in Angola to destroy bridges and railway lines, Nkosi said he was trained in Mozambique and returned to South Africa to 'support the riots'.
A third man, Richard Siphu CHAUKE, 25, pleaded not guilty to a charge of incitement. (RDM 15.9.77; BBC 17.9.77)
PULE, MHLEKWA AND GXEKWA On 19 September three men appeared briefly in Pietermaritzburg Magistrates Court charged under the Terrorism Act.
Stanley Thabo PULE, Isaac Nontsenwana MHLEKWA, and Nogaga Morgan GXEKWA were charged with having returned from abroad. Pule and Mhlekwa were further charged with attempting to train people in 'terrorist activities' in northern Zululand in 1975 and 1976. (NW 20.9.77)
In a statement of agreed facts, submitted to the court, defence counsel said that if the men were apprehended outside SA's border the court did not have the jurisdiction to try them. For this reason it was necessary to establish where, when and by whom they were apprehended. The prosecutor said that it was irrelevant whether the men were arrested within SA or outside. Their mere presence before the court gave the right to try them. (W 18.10.77)
On 20 October trial was adjourned to 31 October to allow counsel for the state to examine the jurisdiction of the court to try the men. (Star 21.10.77)
GOCH ST. TRIAL Mundy Johannes MOTLOUNG, 20, of Nigel, and Solomon MAHLANGU, 21, of Mamelodi, Pretoria, appeared in court on 23 September charged with murder, allegedly in connexion with the shooting in Goch St. Johannesburg on 13 June when three black men were apparently surprised in the street and entered a warehouse with guns and hand grenades. Two white men were killed and two injured.
Motloung and Mahlangu pleaded not guilty and refused to answer questions. They were not legally represented until their next appearance in court on 26 September when their lawyers explained that they had been unable to consult with their clients as they were being held under Section 6 of the Terrorism Act and had only known of the court appearance through press reports.
The indictment consists of two murder charges, relating to the deaths in the warehouse, two of attempted murder, relating to the injured men in the same incident and five charges of terrorist activities. These charges allege that the two men are active supporters of the ANC who left South Africa for training, which took place in Mozambique, Angola and/or Swaziland. Between 11 and 13 June they were said to be in unlawful possession of explosives and arms at Middelburg, Nigel, Springs, Germiston, Natalspruit and Johannesburg. The explosives consisted of homemade bombs hidden in tins and boxes of food, soap, insecticide etc. A Scorpion Vizor 61 Automatic pistol and handgrenade had been used in the Goch St. shootings. (RDM 24/27.9.77)
