Twelve women jailed for five years for public violence had their prison sentences reduced to three years by the Appellate Division of the High Court in Salisbury on 25 June. The women were convicted by a magistrates' court in connection with unrest in five African townships in the Zaka area between 23 and 26 January. In his judgement, Mr. Justice Lewis, the judge president said: "In this particular area at that time there was a terrorist presence and it would appear that the local inhabitants had been considerably subverted." He allowed the appeal and suspended two years of the five on condition they were not convicted of any offence under the Law and Order (Maintenance) Act. (RH 26.7.77).
On 29 July, COLIN SIBANDA lost his appeal against a 20 year jail sentence with labour in the Appellate Division. The accused had been convicted by a special court of recruiting or encouraging seven people to go for guerilla training. He had been approached in Fort Victoria by seven pupils who ran away from Wanezi Mission, Filabusi and who wanted to go for guerilla training in Mozambique. Chief Justice Macdonald said there were special circumstances in that Sibanda tried to persuade the seven recruits not to leave the country on at least two occasions. Sibanda thought it was dangerous, but not that it was wrong. The judge said the sentence was "entirely appropriate" and dismissed the appeal. (RH 30.7.77).
The headmaster of Honde Mission School, JOHN GODO, had his appeal against a six year sentence dismissed at the Appellate Division on 8 August (previously reported as JOHN GOOD - See FOCUS 10 p.6). John Godo was convicted by a regional court in Umtali together with three other members of the mission staff for not reporting the presence of guerrillas (see FOCUS 10 p. 6). The other three who received sentences ranging from 4 to 9 years, successfully appealed against their sentences. On appeal STANISLAUS MASUNDA was cautioned and discharged, and JONATHAN KATSIDZIRA and CHARLES KUNYENZA had their sentences reduced to two years imprisonment with labour. (RH 9.8.77).
Four unnamed young people who were convicted of attempting to leave the country for guerrilla training had their jail sentences set aside by the Appellate Division on 9 August. They had been convicted in a magistrates court for attempting to leave the country on 1 November, 1976, and given sentences of 4 to 5 years. The appeal judge sentenced the 15 year old youth to 8 cuts, and the two youths of 13 and 14 to six cuts, together with suspended sentences. Passing of sentence on the 14-year-old girl was postponed for five years. (RH 10.8.77)
A seven year jail term with labour imposed on an unnamed 17-year-old youth for attempting to leave the country for guerrilla training was reduced to five years with three suspended by the Appellate Division on 11 August. He was allegedly in a group of seven youths who left Salisbury by train for Umtali on 19 November 1976. They met up with other young people, but ten of them were reported to have been arrested at a road block near Umtali after they had decided to return to Salisbury. The judge said that the appellant's case should not be treated differently from other similar cases where the court found a change of mind on the part of the accused. Three of the five years were conditionally suspended. (RH 12.8.77)
Also on 11 August the postmaster at Zaka, SHADRECK KOHLO, had his 10 year prison sentence with labour for failing to report the presence of guerrillas reduced to five years in the Appellate Division of the High Court in Salisbury. (RH 12.8.77)
Again on the same day a school headmaster, KUMUKAYI CHIFADZA, had his five year sentence (of which three had been conditionally suspended) set aside by the Appellate Division. He had been convicted for failing to report the presence of guerrillas. The appeal judge imposed a three year jail sentence conditionally suspended for five years, in place of the original sentence. The appellant was reported to have been ordered to attend a meeting of about 700 people, including teachers of his school and five kraalheads, to be addressed by three armed guerrillas. The appellant said he thought the prime responsibility to report fell on the shoulders of the kraalhead in which the school was situated. When he became aware that no report had been made he decided two days later to go and report. He was arrested by police while waiting on the side of the road trying to get a lift to go and report to security forces at their base. (RH 12.8.77)
ARISHI NDAMBA TAPUA had his effective prison sentence reduced from five to one and a half years by the Appellate Division on 22 August. He had been sentenced by a magistrates court to five years imprisonment with labour for contravening the Law and Order (Maintenance) Act. The charge arose from an incident at a hotel in Marandellas, when Tapua made a political statement from the stage during an evening dance. (RH 23.8.77)
FURTHER CASES Two officials of the Gatooma branch of the UANC, DANIEL GWAZE and JONATHAN MUKARAKATI appeared in Salisbury Regional Court on charges under the Law and Order (Maintenance) Act on 29 August. They faced two counts, the first alleging they harboured a guerrilla Ignatius George Duma, also known as Robson, and the second that they failed to report his presence to the authorities.
They both pleaded not guilty. Their defence counsel told the magistrate that although the two would admit making a statement admitting the offences, they would say they were induced to make the statement. Outcome not reported. (RH 30.8.77)
7 September: Salisbury Regional Court Rev. THOMPSON TIRIVAVI, former chairman of the Zimbabwe Reformed African National Congress, (ZRANC), WILLIAM MUSHANU, treasurer, and DENNIS CHITSAKA, organising secretary, appeared on charges under the Law and Order (Maintenance) Act of making subversive statements. The charges related to the publication of a pamphlet entitled "Reasons Why The ZRANC was Formed" and distributed inside Rhodesia. The ZRANC disbanded in June 1977 to form the People's Movement in support of Robert Mugabe, joint leader of the Patriotic Front. (RH 8.9.77; FOCUS 12 p.3)
