The recent conviction of Sheila Weinberg for contravening her banning order by arranging a lunch date with one other person, seriously narrows the definition of 'social gatherings' from which banned persons are excluded. Hitherto it has been assumed that this term in the banning order only covered meetings with more than one other person but the Supreme Court ruled that *arranged* meetings, even for 'idle chatter', are unlawful, although chance meetings of friends are not.

Ms. Weinberg appealed against her conviction, and lost, but had her sentence reduced from nine to three months (suspended) and was granted permission to appeal to the Appeal Court. (RDM 10/12/78)

NEW BANS

Early in May banning orders were served on the following:

  • David ADLER (36) and Clive NETTLETON (31) both working for the SA Council for Higher Education (SACHED). The bans specifically prevent Adler and Nettleton from carrying on their employment with SACHED, an organization founded in 1968 with the aim of raising educational standards and opportunities for Africans. By 1977 SACHED was serving 2000 students with a staff of 90 and a wide range of projects ranging from the Turret Correspondence College, a teacher-upgrading scheme in BophuthaTswana, adult literacy schemes, the People's College in the World newspaper (see FOCUS 14 p.9) and individual bursaries for students pursuing London University degrees by correspondence. The year's budget was around R1 million. (RDM 6/8.5.78; T 18.5.78) Two SACHED employees were detained at the same time (see DETENTIONS)

Also banned are:

In May bans were served on:

CONTRAVENTIONS

  • Mary MOODLEY, banned for the fourth time in March (see FOCUS 16 p.14) was in February charged with possessing a copy of the banned "African Communist", said to have been found in her home in November. She submitted it would be foolish to have banned books in her house because it was regularly searched by the police. Judgement was postponed. (Post 22.2.78)
  • On 5 June Don MATTERA was acquitted of breaching his ban (see FOCUS 16 p.14) for lack of evidence. But almost at once five men who had agreed to give evidence against Mattera only after taking legal advice were themselves arrested and charged with defeating the ends of justice. Their names were given as Rachid Moosa, Shabir Randera, Ebrahim Patel, Mike Govender and Suleman Karami. The hearing was postponed to 27 June. (RDM 6/10/13.6.78)
  • In April the playwright Rev. Mzwandile MAQINA (40) from Port Elizabeth was charged on seven counts of breaching his ban at a funeral service. He pleased guilty and was convicted on three counts. Later it was reported that a petrol bomb attack had been made on Maqina's home after he had been detained. (DD 11.4.78; Voice 22.4.78)
  • In April Mrs. Fatima MEER and her son-in-law Bobby MARI, both banned persons, were charged with breaching the terms of their bans by attending a social gathering in Durban in December. The case was remanded to 4 July. (NM 12.4.78; RDM 13.5.78)
  • George SITHOLE of Umlazi (see FOCUS 9 p.14) was convicted of contravening his ban while looking for work and sentenced to 7 days on each of eight counts (suspended for four years). (RDM 25.4.78)

Following the death of her husband, Mrs. Veronica Sobukwe is now threatened with eviction from Galeshwe township, Kimberley, where she has lived since he was banished there in 1969, because she herself 'does not qualify to be in Kimberley'. The local BAAB director was quoted as saying 'However we will do her a great favour by giving her enough time to sort out things and arrange for her new abode. It is up to her to decide whether she returns to Johannesburg or to the farms'. But it is not clear whether under apartheid laws Mrs. Sobukwe is 'qualified' to reside anywhere else. (Voice 15.4.78)

VISITORS

The four friends who refused to give evidence about their visits to Mrs. Winnie Mandela (see FOCUS 15 p.5) continue to be pursued through the courts by the State.

In April Jackie Bosman and Ilona Kleinschmidt won their appeals against 12-month sentences for refusing to give evidence under the Criminal Procedure Act. Almost immediately they were again subpoenaed, again refused, and were again sentenced - to four and three months respectively - before being released on bail pending a second appeal on the same offence.

On their first appeal Helen Joseph and Barbara Waite had their sentences reduced from four months to two weeks and 12 months to two months respectively. Mrs. Joseph aged 73 served two weeks alone in Klerksdorp prison, whither she was followed by Mrs. Waite. On release Mrs. Joseph was again subpoenaed to give evidence, but on 28 May this was withdrawn 'because of her age', and the threat of continual re-imprisonment was thus lifted. (RDM 14/18/29.4.78, 1/2/13/19/20/20.5.78)

Source pages

Page 7

p. 7