Four more people are known to have been sentenced to death for offences connected with the armed liberation struggle, since the last edition of FOCUS went to press.
SAVEOUS CHINGWE HOVE (50), a teacher from Chiredzi, was sentenced to death in the Salisbury High Court on 1 June 1978 on conviction of the murder of an unidentified man. He pleaded not guilty. The deceased, believed to be a district assistant, had allegedly been handed over to guerillas at their base camp at Chesuko Hill, Nyajena TTL, in March 1977. Witnesses told the court that the guerillas had called villagers from nearby kraals to witness how they killed members of the security forces. Hove had then allegedly assisted in the execution of the man.
PIASON NHDLOVU was sentenced to death in the Salisbury High Court on 28 July, for involvement in guerilla activities in the Mtoko area.
On 4 August two cousins, AUGUSTINE (26) and AGGREY NYERENYERE (23), were sentenced to death in the Salisbury High Court on charges under the Law and Order (Maintenance) Act of planting six bombs in post offices, pillar boxes and a litter bin in Salisbury. The bombs, five of which exploded without causing any injury, had been planted on 4 March, 1978 - a day after the signing of the internal settlement agreement. The cousins, described as vegetable-sellers from the Mtoko area, had been arrested a few hours after the explosions. Mr. T. Ziyambi, who appeared on behalf of the two men, urged the court to take the Executive Council's policy of "safe return" into account in passing sentence. His argument, that the guerillas who had persuaded the accused to plant the bombs would in theory themselves escape prosecution under the terms of the internal settlement, was rejected.
An appeal against the death penalty by MUNJODZI MAZAYA (23), convicted in the Salisbury High Court on 17 March for recruiting, was dismissed on 14 June. Together with at least five others under sentence of death but as far as is known not yet executed, he is now waiting for the Executive Council to reach a decision on his final petition for mercy. At least two such petitions have been pending since April 1978. When questioned at a press conference in London on 31 July, Bishop Muzorewa, a member of the Executive Council, failed to explain why he and his colleagues in the internal settlement had as yet made no move to commute these outstanding death sentences. This is despite assurances from Bishop Muzorewa and Rev. Sithole that no more hangings of persons convicted of political offences will be carried out.
On 21 July 1978, the white joint Minister of Justice, Law and Order, Mr. Hilary Squires, was asked in the Rhodesian House of Assembly, how many persons were at that time under sentence of death and whether such sentences would be carried out. Mr. Squires replied that "it is not Government policy to disclose the number of persons under sentence of death for any offence. Whether sentence of death is carried out or not will depend upon the advice the Executive Council tenders to the President after consideration of the merits of that particular case".
Executions of persons sentenced to death for non-political offences are presumably continuing, but, as has been standard practice in Rhodesia since April 1975, with no publicity whatsoever. The Christian Council of Rhodesia has pointed out that in the absence of any move by the regime to abandon its policy of secret hangings, its members "cannot have confidence that political executions have indeed ceased".
In FOCUS 17 p.14 it was suggested that DANIEL NDHLELA, a junior ANC (Z) official sentenced to death on 10 April 1978, had been arrested shortly after the signing of the internal settlement agreement. This was incorrect, subsequent press reports made it clear that Ndhlela had been arrested in March 1977, not 1978.
As reported in FOCUS 17, trials under the Law and Order (Maintenance) Act have carried on without interruption under the internal settlement agreement, with no hint of any amnesty for convicted political prisoners. Despite the requirement on the transitional administration to "review" sentences of a political nature, the Joint Minister of Law and Order has made it clear in the House of Assembly that prosecutions will continue to be brought against guerillas and those who assist them in any way, and "those who are convicted for this will most certainly serve their sentence". As for those convicted and sentenced before March 1978, "it would... be the greatest folly to release from prison anyone, who from their previous conduct, would no doubt make common cause with the terrorists once more and thereby increase our difficulties".
In evidence submitted in August to the Ad Hoc Working Group of Experts of the United National Commission on Human Rights the IDAF reported that from the beginning of March to the end of June 1978 a total of 46 trials under the Law and Order (Maintenance) Act, in which IDAF had been actively involved through the provision of legal defence, had reached their conclusion. Out of 98 defendants, three had been sentenced to death, four to life imprisonment and 61 to prison terms ranging from two months (suspended) to 25 years. Two people had received completely suspended sentences, six defendants had had the charges against them withdrawn, while 22 had been acquitted.
According to the information available to the IDAF, there were at least 1,570 persons convicted and serving prison terms on political grounds at the end of July 1978. Of these, 1,337 names are known. The total number of convicted political prisoners known to IDAF in Zimbabwe has nearly doubled since the end of 1976.
Trials reported in the Rhodesian press since the last issue of FOCUS are as follows: DUMISILE MLILO (8 years), DAVID CHISHELWE (5 years), MARTIN Z. MAGANGA (3 years), unnamed 17-year-old (16 years), PHIBEON SIWELA (16 years), TODDY JEYI DITIMA (5 years), DIBINYIKA ORANGE MLALAZI (3 years).
