1,450 STAY IN GAOL
According to the information available to the IDAF, there were at least 1450 convicted political prisoners in Rhodesia at the end of June 1978, i.e. persons serving sentences under the Law and Order (Maintenance) Act for offences of a political nature and connected with the armed liberation struggle. Of these, approximately 1,200 names are known, while the remainder have been derived from press reports of political trials where the name of the defendant(s) has not been given.
There appears to be no immediate prospect of convicted political prisoners being released under the terms of the "internal settlement" agreement of 3 March 1978 but on the contrary, and as was reported in *FOCUS 16*, trials under the Law and Order (Maintenance) Act have carried on without interruption. (There have, however, been no press reports of Special Court hearings, except that of Daniel Ndhlela - see below).
The only white prisoner serving a sentence under the Law and Order (Maintenance) Act, JOHN CONRADIE, was released from Salisbury Central Prison in May 1978, and admitted to Canada under a special permit. Conradie, who was born in South Africa but was employed as a lecturer at the University of Rhodesia at the time of his arrest, was sentenced to 20 years imprisonment in February 1967. He was allegedly the head of an underground group involved in recruiting and training guerillas, and in maintaining contacts and supply routes with exiled members of ZAPU. (Star 6.5.78)
Although Conradie's release has been interpreted as a form of amnesty on the part of the transitional government, he had served nearly two-thirds of his sentence — the amount normally required by the Rhodesian authorities for remission. In the past, convicted political prisoners who have qualified for remission have usually been detained without charge immediately on being "released" — it is possible, given the release of many detainees since the signing of the internal agreement, that others who have completed their time may now be freed rather than detained. (FT 31.5.78)
DEATH SENTENCES
Despite reports that the signatories to the "internal settlement" agreement have decided to halt executions (see *FOCUS 16 p.3*), three people are known to have been sentenced to death under the Law and Order (Maintenance) Act since 3 March 1978. In two cases, appeals against sentence have already been dismissed.
It remains to be seen whether the four-man Executive Council which has been set up under the terms of the internal settlement will show clemency at the petition stage.
DANIEL NDHLELA, whose conviction before a Bulawayo Special Court on 10 April 1978 was reported in *FOCUS 16*, had his death sentence confirmed by the Appellate Division of the High Court on 29 May. Ndhlela, a Gwelo member of the African National Council (Zimbabwe), had been found guilty of transporting youths from Salisbury to Botswana for guerilla training during the first ten days of March 1978. (He was therefore presumably arrested some days after the signing of the internal settlement agreement and brought to trial in a very short space of time.) (ZT 11.4.78)
MUNJODZI MAZAYA (23), was sentenced to death by the Salisbury High Court on 17 March on conviction of recruiting four youths in the Selukwe TTL during November 1977. The youths were arrested at a road block at Triangle, while on their way to Mozambique. According to witnesses, the youths had been shown the bodies of dead guerillas and told that they would be given a lot of money if they cooperated with the police. Muzaya himself told the court that he had at first been released by the police, but had been rearrested after state witnesses has conspired to lie against him. (RH 17.2.78; ZT 20.2.78, 14.3.78; RDM 18.3.78 *FOCUS 16 p.4*). Muzaya's appeal has been noted.
JOHN MUREWA, described in the British press as a member of ZANU (Patriotic Front), has his appeal against the death sentence dismissed at the end of May or beginning of June. He was convicted by the Bulawayo High Court on 13 April after pleading not guilty to committing acts of terrorism and murder. Murewa (20) was alleged to have been a member of a guerilla group which had ambushed a truck from the Ministry of Internal Affairs and planted a landmine on a gravel road near Nuanetsi, in June/July 1977. (ZT 14.4.78; *FOCUS 16 p.3*)
Others under sentence of death, but, as far as is known, still alive, include BEVAN KONDO (appeal dismissed on 1 February - see *FOCUS 16 p.3*); FRIDAY SIBANDA (appeal dismissed on 12 April and petition to the Executive Council in hand - see *FOCUS 14 p.17, 16 p.3*); and NICHOLAS NDHLOVU (appeal dismissed on 17 January; petition presented on 3 April - see *FOCUS 15 p.10*). These now await the decision of the Executive Council.
TEMBA NGWENYA, sentenced to death in November 1977 for recruiting, at the same trial as Friday Sibanda, had his sentence commuted to 20 years imprisonment on appeal on 12 April.
The total number of persons known to have been sentenced to death on political grounds since the Smith regime stopped announcing executions in April 1975, now stands at 124. Of these, 7 people are known to have been successful on appeal in having their sentences commuted to prison terms, while in one case (Joachim Takaruva - see *FOCUS 16 p.3*) the sentence was commuted by the Rhodesian President after dismissal of the Appeal.
OTHER CONVICTIONS
3 March: High Court, Salisbury
An unnamed 18-year-old youth was sentenced to 25 years imprisonment, with "such labour as he is able to do", on conviction of possessing arms of war and committing an act of terrorism. The court was told that the youth, who pleaded not guilty, was among a group of guerillas who robbed a store at Idlewilde Farm, Centenary, in November 1976. After a contact with security forces in which the accused was wounded and captured, weapons, ammunition and explosives has been found in a cave. In mitigation, the defence counsel pointed out that the youth had been about 16 years old at the time of his capture, and had suffered injuries at the hands of the security forces from which he was unlikely to recover. The youth himself, who was unable to walk without crutches, told the court that after being admitted to Bindura hospital, he had been tortured by four African CID members from Mount Darwin, using an electrical appliance, and a pair of pliers on his genitals. (ZT 2/3/6.3.78; RH 3/4.3.78)
9 March: High Court, Bulawayo
MAXIN NYATHI, from the Wankie area, was sentenced to life imprisonment for assisting a guerilla and possessing arms of war. He had at first appeared in court jointly charged with FRANK NCUBE. The two men were alleged to have assisted a guerilla group to "abduct" a number of young people from the Hyde Park Estate, Bulawayo, in August 1977, and accompany them to Botswana. En route a bus, travelling towards Tjolotjo, had been hijacked and the driver told to drive towards the border. The vehicle had been intercepted by a Police Anti-Terrorist Unit patrol and a battle had ensued in which 14 young people, three guerillas and a white policeman had been killed. The outcome of the case against FRANK NCUBE was not reported. (RH 28.2.78; 1/10.3.78)
9 March: Salisbury Regional Court
Four employees of Charnwood Farm, Centenary, were sentenced to prison terms on conviction of failing to report the presence of guerillas who subsequently killed Thomas Koen, their employer and a police reservist. MOSES MATULA, a farm labourer, and originally from Malawi, was sentenced to 10 years imprisonment; KARUME KAVAMWE, a cook, also 10 years; SIRIRIO CHINANZVAWANA, 11 years; and PHILLEMON KASIRORI, 12 years. (RH 8/9/10.3.78)
15 March: High Court, Salisbury
Mrs GRACE SIWELA (34), of Gwelo, was sentenced to 10 years imprisonment (5 suspended) on conviction of harbouring guerillas and giving false information to the police. Mrs Siwela, a supporter of the ANC (Zimbabwe) and mother of two children, was to have been charged jointly with her husband Phibeon. The trial was split and the outcome of the case against Phibeon Siwela is not known. (ZT 15/16/17.3.78)
20(?) March: Bulawayo Regional Court
Three unnamed 18-year-old youths were each sentenced to 7 years imprisonment on conviction of attempting to leave the country for guerilla training. The three had been arrested at Khami while on a train for Plumtree, on the Botswana border. (ZT 21.3.78)
20 March: Salisbury Regional Court
DAVID SAMUELS KILPEN (44), a Coloured farmer, was convicted of supplying guerillas with food and clothing. The charges arose out of an incident on his farm at Shamva, in which five guerillas and his farm foreman had been killed by security forces. Kilpen who told the court that he supported the UANC because of its "non-violent" policy, said that he had continued on p.15
