MOTHOPENG and 17 others The state concluded its case against the 18 alleged members of the Pan-Africanist Congress being heard in camera in the Circuit Court, Bethal on 6 September. A total of 60 state witnesses had testified. The hearing was adjourned to 16 October to enable the defence to prepare its case.
In the closing stages of the prosecution case, a witness identified as "Mr M" gave evidence against Zeph MOTHOPENG, Mark SHINNERS, Hamilton KEKE and John GANYA. Mr. M. spoke of lectures given by Mothopeng on Robben Island, and of being sent to Swaziland for military training by Ganya. Another witness said he had taken more than 50 recruits to Swaziland, including Goodwill MONI.
Witness "Mr S" alleged that Ganya recruited several youths, some of whom were accompanied out of the country by Naboth Ntshuntsha (who died in detention). Others, who were accompanied by a man suspected of working for the police, were arrested en route. Other evidence was given by "Mr P", allegedly recruited by Ganya; "Miss A", who claimed to have sheltered four recruits; "Mr K", a former Robben Island prisoner who said he refused to help Ganya in recruiting. "Mr J", a taxi driver who took 15 youths to Johannesburg station accompanied by Ganya; and "Miss B" who gave evidence against Mothopeng and Michael and Dan MATSOBANE relating to literacy classes and the Young African Christian Movement, whose aim was to "get children off the streets and away from the shebeens".
In connection with this trial two women, Clementine B. Nelson and Motsabe Betty Ramaphora (21) of Krugersdorp were given suspended sentences of two years' each for attempting to set fire to the Kagiso home of a state witness in the trial. Evidence was given by an unidentified state witness who said the women had asked him how to make inflammable chemicals at a Young Christian Workers gathering held at Brits in March.
SASM 11 The trial of the eleven alleged members of the South African Students Movement (SASM) and Soweto Students' Representative Council (SSRC) opened on 25 September when the accused appeared in Kempton Park Circuit Court, after a brief previous appearance on 18 September.
The accused are Wilson Welile Chief TWALA (18); Daniel Sechaba Sediane MONTSITSI (23); Seth Sandile MAZIBUKO (19); Mafison MOROBE (22); Jefferson Khotso Wansi LENGANE (21); Susan Sibongile MTHEMBU (22); Ernest Edwin Thabo NDABENI (21); Kennedy Kgosietsile MOGAMI (19); Reginald Tebuho MNGOMEZULU (21); Michael Sello KHIBA (20) and George Nkosinate Yami TWALA (23) all of Soweto.
The 56-page indictment alleges conspiracy to commit sedition and terrorism between May 1976 and October 1977, listing 29 meetings at which were planned demonstrations against Afrikaans, Soweto stay-at-homes, protests against Kissinger's visit to South Africa, a march calling for the release of detainees and commemorations of the anniversary of 16 June. Prosecuting Mr. K. van Lieres said that it might not be possible to attribute any particular act to any particular accused but all were responsible for the activities planned at the meetings. Among other things, the SSRC members are said to have urged the burning of policemen's houses, attacks on the Dept. of Bantu Education, the resignation of Urban Bantu Council members, and the making of petrol bombs. The defence applied for more details of the charges, saying the information provided was "a parody of requirements" and the accused could not prepare their defence until they knew more about the charges.
Early in October the court began hearing evidence relating to the start of the 1976 uprising, when the Soweto students defied armed police. Evidence was given by police witnesses and other whites who were in Soweto on 16 and 17 June. Col. Kleingeld said the police had been justified in opening fire on the demonstrators because their lives were in danger; a student named as Hastings Ndlovu was among the first killed by police on 16 June. Const. Thusi said the students' demonstration had been jovial at first, and that the black police had been armed with batons and the white police with guns. According to Maj. Viljoen, then commander at Jabulani police station, there was "total chaos" in Soweto on 17 June and police reinforcements had to be drafted from Pretoria.
A pest control officer with Johannesburg City Health Dept., working in Soweto on 16 June, told the court of being prevented from leaving the area by groups of students and of hiding overnight in the home of a elderly woman. A white reporter on Die Beeld told the Court that, disguised as a black woman, she had covered the June protests at Orlando West High School, where a crowd of up to 500 students held placards with slogans rejecting the use of Afrikaans and Bantu Education in general. She identified Sechaba Montsitsi as having made a speech earlier in June.
The judge ordered the police to produce certain documents relating to the events of 16 June, and acceded to a prosecution request that three black policemen give evidence in camera. Later, detained students who had participated in the protests began to give evidence. One, Ms. Sarah Makape refused to do so in camera and spectators were invited to enter the court. Ms. Makape spoke of peaceful protest marches on 16 June. The judge ordered that she be released from detention after testifying.
NXUMALO and OTHERS The trial of seven men and one woman charged under the Terrorism Act resumed in Pietermaritzburg Supreme Court in September.
Timothy NXUMALO (21) Sithembiso NGOBESE (26) Themba NXUMALO (26) and Eric MLABA (22) are charged with attempting to go for military training.
Together with Victor NGIDI (25) Elijah MLABA (26) Penuel MADUNA (26) and Ms Sibongile KHUBEKA (27 and a banned person) they are also charged with assisting 13 others to go for military training. Timothy NXUMALO is separately charged in addition with undergoing military training, returning to South Africa with arms and shooting at a former policeman in Chesterville, Durban, in April 1978. A further charge against the first four accused, relating to the boycott- ing and burning of schools and buses, was withdrawn.
Some 40 witnesses and accomplices were named in the indictment, the main charge against Timothy Nxumalo being dealt with first. According to Sgt. M.B. Ntombela of Durban Security Police, Nxumalo was arrested on 11 April in possession of a pistol and ammunition; he denied that Nxumalo had been continuously interrogated under torture from 11–13 April. Former policeman Albert Mteku (62) testified to having been shot at and wounded on 9 April. A surprise witness, Nxumalo's father, gave evidence against his son saying Timothy had told him of training in Tanzania and trips to Angola and the Soviet Union. However he did not identify the arms produced in court as those shown to him by Timothy. Mr Nxumalo, a Baptist minister, denied that he was giving evidence because of police intimidation.
The trial was adjourned to 30 October.
