continued from p. 14
been unable to satisfy himself that the guerrillas in question were not members of the Selous Scouts. He further said that he had been "bitter" with the security forces, who had refused to give his wife protection when she asked for it. Kilpen was remanded until 7 April for sentence (not reported). (LT 21.3.78)
21 March: High Court, Salisbury
Two unnamed Mrewa youths, whose ages were established by the court as 15 and 16, were each sentenced to effective prison terms of 26 years on conviction of undergoing guerilla training within Rhodesia (15 years imprisonment), failing to report guerrillas (10 years) and being accessory to the murder of a member of the security forces (26 years). Sentence on the first two counts was ordered to run concurrently with that on the murder charge. The youths were alleged to have been involved in an ambush of a security force convoy escorting Roads Department vehicles in the Mrewa area, in August 1977. (RH 22.3.78; see FOCUS 16 p.4)
22 (7) March: High Court, Salisbury
LOVEMORE NYATSANZA, who admitted being a member of a group of 30 guerrillas who broke into a Vumba store and stole clothing, was sentenced to 2 years imprisonment (18 months suspended). He was convicted of carrying arms of war while under training in Mozambique. (LT 13.2.78, 23.3.78).
28 (7) March: Salisbury, Regional Court
BOULEN BAUREN (48) and MUSA (52), described as boss boys on Lagore Farm, Centenary, were sentenced to 8 and 8 years imprisonment respectively for failing to report guerrillas. In a statement of agreed facts, the two men admitted that guerrillas had visited the farm on numerous occasions and that they had instructed people in the compound to give news. (LT 23/29.3.78)
21 April: Harare Magistrates Court
MANDINAISE MAKARUTSE (46) and his wife MARIA, from Kambuzuma township, were each sentenced to 4 years imprisonment (3 suspended) on conviction of failing to report Maria's brother Phillip Dengedza, to the authorities. The court heard that Phillip, an alleged guerrilla, had stayed at their home for a fortnight in February/March 1978 while on a visit to Salisbury to seek medical treatment for a leg wound. Passing sentence, the magistrate told the two accused that the law labelled guerrillas as "enemies of the State", and that their duty to the state should transcend all else "including the ties of blood relationship and love". (RH 22.4.78)
1 (7) May: Regional Court, Bulawayo.
JOSEPH WATA NCBUE (35), described as an ex-policeman from Wankie, was sentenced to 6 years imprisonment for failing to report guerrillas who had visited his home in January 1978. (LT 2.5.78)
APPEALS
SHAMAIRAI IRIMAI, who was sentenced to 7 years imprisonment by a regional magistrate court for attempting to go for guerilla training, and his conviction quashed and sentence set aside on appeal in February. (LT 15.2.78)
An application by the Attorney-General to have sentences imposed on two African women for failing to report guerrillas, increased, was turned down by the Appellate Division of the High Court in February CLARA ZIMBUDZI (22) and EMILDA TAKILAMAFOS (21) had been sentenced in January to 4 and 5 years imprisonment respectively (LT 27.2.78, FOCUS 16 p.3)
MIKE MATARA, a cook, and MAILON KADZOKA, a storekeeper, lost their appeal against sentence on 27 February. The two men, who worked at Crystal Creek Farm, Meterset, had each been sentenced to 7 years imprisonment for failing to report guerrillas who had visited the farm in August and September 1977 (LT 28.2.78)
Six men from the Umfuli TTL, Sinoma, were successful on appeal in having sentences imposed by a magistrate for failing to report guerrillas reduced. CHIMUSORO JOSIAH, MISHEK VANGANAYI, FRANK MUZIZI and SHUYPAYI KUFAKWEPASI had each been sentenced in November 1977 to 3 years imprisonment (2 suspended) TAVENGANA DENNIS and FOREMAN BOYCE had been sentenced to 2 years imprisonment (18 months suspended). On appeal a further 3 months of Chimusoro's sentence was suspended while completely suspended 2 years sentences were substituted for the other 6 men (LT 7.3.78)
EDWARD ZULU (56), sentenced to 10 years imprisonment in January for "falsely denying knowledge" of guerrillas who had attacked his employers' home, had his sentence reduced to 5 years (2) suspended) on 8 March. The Chief Justice concluded that there was nothing that Zulu could reasonably have done to prevent his employer's 15 year old son from being killed in the raid (RH 9.3.78, FOCUS 16 p.11)
A conviction and 7 year prison term imposed on a branch chairman of the ANC (Zimbabwe) in the Bulawayo area were set aside in March MINNIE MYOYO had been found guilty of failing to report guerrillas within the prescribed 48 hours. (LT 13.3.78)
MUTANDWA IMBWANHEMI (56), of Musane TTL, had a 3 year prison term (12 years suspended) reduced to one year (9 months suspended). He had been convicted of failing to report guerrillas who had killed his brother, a district assistant. (LT 11.4.78)
FURTHER CASES
21 February: Special Court, Salisbury
SYLVESTER MANDIZVIDZA (28), of Highfield, who had pleaded not guilty to recruiting for guerilla training, had the charge against him withdrawn. The decision came after evidence had been heard from two youths whom the accused had allegedly encouraged to leave for Mozambique. These state witnesses, aged 13 and 16 told the court that they had been forced to make false statements after being assaulted by the police (LT 21/22 2.78, RH 22.2.78)
7 March: High Court, Salisbury
The trial of an unnamed youth, aged between 16 and 18, was postponed after he had rejected the services of a European advocate in preference to an African. The youth was alleged to have been found in the Honde Valley.
20 March: Regional Court, Bulawayo
MOSES NOWENYA appeared charged with being in possession of arms of war and assisting his son, an alleged guerrilla. The court heard that his son, Jabuleni Ngenyane, was a member of a guerrilla group that had attacked a butler Tjolotjo in August 1977, and that he had been among those killed in a contact with a PATU patrol less above under OTHER CONVICTIONS). Arms had later been found buried outside a Bulawayo township. Mr Ngenyane said that he knew his son had been in the army and thought he might have been a Selous Scout (Final outcome not known) (RH 21.3.78)
20 (7) April: Bulawayo's Regional Court
Charges were withdrawn against five unnamed youths after a police officer admitted physically forcing them to write statements saying they were planning to leave the country for guerilla training. The five, who had been arrested on their way to Plumtree, were set free (LT 21.4.78)
21 April: Harare Magistrates Court
The case of JAMES KASIMU sentenced to 10 years imprisonment in January 1978 for allegedly giving a false statement to the police, reopened after being ordered back for re-trial and further evidence by the Appellate Division of the High Court. Kasmu, a gardener at Camere Farm, Norton had been arrested and convicted after his employer's wife Mrs Shelle Cummings, and her daughter, had been shot dead when guerrillas visited the farm (LT 12.4.78, RH 22.4.78, FOCUS 16 p.4)
1 May: Salisbury Regional Court
Charges under the Official Secrets Act of subversion and making false allegations against the security forces were finally withdrawn against three office bearers of the Catholic Commission for Justice and Peace (JOHN DEARY, the Commission's chairman Brother ARTHUR DUPUIS, organising secretary and Father DIETER SCHOLZ, vice chairman had been brought to court on five occasions since their arrest on 1 September 1977 in connection with the publication by the Commission of documents relating to the war and security force actions.
According to the prosecution, the state had decided that "in view of recent developments in this country, it would not be in the best interests of Rhodesia to persist with the prosecution of the accused on other charge at this stage" (RDM 25.78 CCAP press statement 15.78)
