The Minister of Justice, J. T. Kruger, disclosed in early August that there were 55 security trials involving 151 persons, pending in South Africa. These trials refer only to those under South Africa's four main security laws: the Terrorism, Internal Security (incorporating the Suppression of Communism), General Law Amendment (Sabotage), and the Unlawful Organisations Acts.
Meanwhile trials related to political or civil unrest, but not taking place under security laws, have continued in South Africa. According to a statement by the South African Institute of Race Relations "there have been a spate of trials relating to public violence, arson, malicious damage to property and incitement."
The SAIRR statement continued: "Altogether, on the basis of our records, there have been 63 trials of this nature (under non-security laws, since the beginning of 1978) with 400 people accused... Port Elizabeth has had the greatest number of cases relating to civil unrest since the beginning of the year. There were 59, involving 169 people.
"In the 63 trials held in the country at least 20 of the accused had no legal representation. At nine of the trials, the accused were 18 years old or less. Sentences ranged from cuts to five years in jail. According to figures released in Port Elizabeth by the Eastern Cape branch of the South African Council of Churches (ECCC), of the 169 people arrested under various charges relating to civil unrest, 94 were sentenced to jail terms and 35 were sentenced to cuts. Charges were withdrawn against 10, while 13 were acquitted. Five youths were given suspended sentences.
"A spokesman for the ECCC said the figures they had were only those of people they had assisted with defence costs, or those which appeared in the press. He said that when the uprisings broke out in 1976, special sittings were instituted to deal with cases resulting from it. Most cases were heard at the Algoa Park police station."
According to a later report, since June 1976, 2,500 people have been charged in non-security trials related to the unrest, and of these 1,400 have been charged in Port Elizabeth.
In late July the Johannesburg Citizen reported that: "allegations of how more than 100 members of Umkhonto we Sizwe (Spear of the Nation), the armed wing of the African National Congress, were instructed to attack specific targets in South Africa will soon be led in several Supreme Court trials. This was confirmed yesterday by a senior Security Police officer. He emphasised that the accused had been arrested over a period of months... the charges will be framed under the Terrorism Act. Most of those to be brought before the court are alleged to have been trained in Angola to attack, and in some cases, demolish, police stations. Police stations at Jabulani, Daveyton, and Germiston were among the targets. The worst damage to a police station was at Germiston."
The Appeal Court in Bloemfontein has refused Solomon Mahlangu leave to appeal against his conviction and death sentence for his part in the incidents that led to the death of two white civilians in central Johannesburg in June 1977. Mahlangu, an ANC member, was convicted on two counts of murder, two counts of attempted murder, and of charges under the Terrorism, Internal Security and Explosives Acts. The judge admitted that Mahlangu had not fired any of the fatal shots, but through the doctrine of "common purpose" convicted him and sentenced him to death. Mahlangu is awaiting execution at Pretoria Central prison.
The Rand Daily Mail of 27.7.78 reported that the lawyers representing Solomon Mahlangu were consulting expert opinion on further legal moves possible to prevent his execution. The RDM stated that since the refusal by the Bloemfontein Appellate Division, the only move left to the lawyers is to petition the State President for mercy.
If Mahlangu is executed it seems certain to set the pattern for an ever-widening use of the death penalty by the South African regime against political opponents, as happened in Zimbabwe. A major international campaign has been launched to save his life. In mid-August Dr. Phillip Potter, the General Secretary of the World Council of Churches, sent a cable to South Africa's State President, appealing for him to reprieve Mahlangu. The campaign has also been joined by Ambassador Harriman, Chairman of the UN Special Committee on Apartheid. In London over 30 former South African political prisoners and detainees took part in a fast on the steps of St. Martins-in-the-Fields from 6 pm on Sunday 27 August to 6 pm on Monday 28 August, demanding the release of Solomon Mahlangu.
Khumbele MNIKINA, 26, of Mdantsane, East London, was sentenced on 30 June to 17 years' imprisonment in the Ciskei Circuit Court at Whittlesea after being convicted on two counts under the Terrorism Act and on an alternative charge. He was given an effective sentence of 13 years' imprisonment.
Three men who led a procession during a day of disturbances in Uitenhage, near Port Elizabeth, on 16 June 1977, were sentenced to terms ranging from 12 to 18 years' imprisonment in the Grahamstown Supreme Court on 29 June 1978. They were charged under the Sabotage Act, with various acts of "looting, assault and arson", during the day when six shops and a school were burnt down. Desmond Mzukizi MADLAVU, 25, was sentenced to 18 years' imprisonment, Mayimbo RIXANA, 20, to 12 years', and Nkwenkwe Mzandile MADELA, 20, to 12 years'.
A 20-year-old ANC guerrilla Themba Lordwich SISHANGA, was convicted on two counts under the Terrorism Act in the Bloemfontein Supreme Court on 10 August. He was sentenced on 15 August to ten years imprisonment.
Two men from Atteridgeville, Pretoria, appeared in the Pretoria Surpeme Court on 14 August, charged under the Terrorism Act with recruiting people for military training. The first man, Tloalle William MATSALA, 36, was found not guilty and discharged on 14 August. The other accused, David Mothlabedi THARASIMI, 28, who is alleged to be an active member of the PAC, is still on trial on four Terrorism Act charges. On 19.8.78 the Rand Daily Mail reported that Tharasimi was sentenced the previous day to 12 years' imprisonment on each count, after being found guilty as charged.
The trial of five young people for sabotage in the Pietersburg Regional Court that was previously reported in FOCUS 17, ended on 20 July with three of the accused being convicted and sentenced to five to 15 years' imprisonment. Alson TSHITABE, 21, was sentenced to 25 years' imprisonment, Livingstone MUKHEZI, 18, to ten years' and Mashudu MUDAU, 21, to five years'.
