MAHLANGU REFUSED RETRIAL At the Pretoria Supreme Court in late November, Mr. Justice Theron dismissed an appeal by Solomon Mahlangu's lawyers for a re-trial for the 20-year-old ANC member.
Mahlangu has been awaiting execution in Pretoria Central prison for almost a year. The appeal was lodged on the basis that his trial was unfair and that some witnesses who should have been called to testify during his trial were not called. (Post 12/22/28.11.78)
In December the Chief Justice was petitioned on this refusal; no decision has yet been reported. (Post 20.12.78)
In an earlier interview, Solomon's mother Mrs. Martha Mahlangu, said that her son "has accepted his death philosophically, and like a soldier ... For him death will be quick and painless, while we outside will be the people who will suffer. One thing that makes me proud of him is that he is still clinging to his beliefs.
"I spend sleepless nights fretting about my son, who will only be saved if the President heeds appeals for mercy from numerous organisations". (Post 20.9.78) For details of Mahlangu's case, see FOCUS 16-18 under POLITICAL TRIALS.
On 5 December the British government asked South Africa to exercise clemency on humanitarian grounds.
CHRISTMAS TINTO FREED The president of the Western Province Soccer Board, 53-year-old Christmas TINTO of Guguletu was released on 14 December 1978 from Robben Island after his appeal against conviction and sentence was upheld in the Cape Town Supreme Court. He had spent over 14 months in prison after being sentenced in September 1977 to seven years' imprisonment under the Internal Security Act for inciting students to further the aims of the ANC. (see FOCUS 13 p.6)
He was reportedly released in good health at the police quay at Table Bay Docks and given a train ticket home. (CT 15.12.78)
CONVICTIONS TIMOTHY NXUMALO Timothy Muntu NXUMALO (21), was sentenced to an effective term of 22 years' imprisonment in the Pietermaritzburg Supreme Court on 30 November. He had been found guilty on two counts under the Terrorism Act and one of attempted murder.
The judge sentenced him to 10 years' imprisonment for leaving South Africa to undergo military training, 12 years for attempted murder and eight years for possessing a firearm. The eight year sentence was ordered to run concurrently with the 10 year sentence, making an effective sentence of 22 years.
Originally he was charged with seven others (see GOBOESE and OTHERS) in the Pietermaritzburg Supreme Court. (see FOCUS 19 p.3-4) However a separation of trials appears to have taken place and the trial of the other seven was moved to Durban.
Evidence was led that Nxumalo had undergone military training in Luanda, the Soviet Union and Tanzania and that he returned with the purpose of shooting informers. It was alleged that Nxumalo had shot and wounded a Chesterville councillor. Evidence was also led that the accused was found in possession of a Czech pistol and ammunition, a false reference book, and also of R 373 which he had allegedly received from the African National Congress.
The accused denied the charges, saying he had been assaulted by the security police after his arrest. He told the court that the assaults took place over a three day period during which he did not sleep. He was first made to strip and then beaten on the testicles and on the sides of his elbows. (DN 14/24/30.11.78; NW 23.11.78/1.12.78; RDM 18.11.78)
TIMOTHY MLAHLEKI A 19-year-old Port Elizabeth man, Timothy Litha MLAHLEKI was sentenced to an effective sentence of 40 years' imprisonment in the Grahamstown Supreme Court on 30 November after being convicted on 13 counts, including the attempted murder of two policemen and the burning of two policemen's houses.
He had pleaded not guilty to five counts of attempted murder, three of sabotage, and five of robbery and to alternative charges of arson, malicious damage, resisting arrest and possessing a firearm. (see FOCUS 19 p.4)
Earlier in the trial Mlahleki told the court he had been repeatedly assaulted in detention while naked and bleeding from a gunshot wound in the leg. He said the assaults began when he would not sign a statement the police had written.
The Judge President, Justice Cloete said that he had no doubt the accused was lying when alleging assault, and ruled that the statement was admissible as evidence. When he sentenced Mlahleki the judge said: "You are not a fit person to be free in decent society", and then said he had seriously considered the death penalty. The accused was sentenced to prison sentences on each conviction, several of which were ordered to run concurrently. Nevertheless his effective sentence totalled 40 years' imprisonment. (DD 29.9.78/3.10.78; RDM 1.12.78)
PETRUS PILUSA A 23-year-old Pretoria man, Petrus PILUSA, was sentenced to an effective sentence of 12 years' imprisonment after being found guilty of two charges of sabotage and one of theft, in the Pretoria Regional Court in early November.
The charges arose out of incidents on 21 June 1976 when Pilusa was alleged to have taken part in the stoning and burning of a bus, and to have set fire to a farmstead on the same day after stealing firearms and money from it. (Post 9.11.78)
ISAAC MTSHWENI Isaac Sikumbuzo MTSHWENI (28) a former teacher and one-time court interpreter, was sentenced to five years' imprisonment on each of four courts under the Terrorism Act, at a Special Regional Court at Middelburg in early October. The court ruled that the four sentences should run concurrently, making an effective sentence of five years'.
The state alleged that Mtshweni on three occasions during April, May and July 1978 had encouraged 12 black youths of Mhluzi township to go to foreign countries to receive military training. In summing up the magistrate said there was no evidence before the court that Mtshweni was acting on behalf of any organisation. He said the charges were so closely allied to each other that the court would impose a concurrent sentence. (Post 10.10.78)
WILFORD MARWANE A 22-year-old guerilla, Wilford Sebonengu MARWANE, was convicted of being in illegal possession of a hand grenade and ammunition in the Mmbatho Supreme Court in BophuthaTswana on 28 November. The judge, Chief Justice Hiemstra said sentence would be passed in January.
Marwane was arrested on 1 August during a clash between ANC guerillas and the police in BophuthaTswana. The ANC claimed to have killed ten South African soldiers in that clash, but South Africa has not confirmed this. (see FOCUS 18 p.13) The ANC statement on the incident spoke of one of their combatants being captured.
Marwane told the court he had been trained in Angola and had returned to South Africa "to kill Boers". (RDM 17/18/28/29.11.78)
MLAMLI DLANJWA Mlami LLANJWA (22) of Port Elizabeth had his sentence of five years' imprisonment for attempting to leave the country for military training in Zambia confirmed on appeal by the Supreme Court in Grahamstown.
However the man convicted with him Gordon MODEMOWAGE (19) had his appeal upheld and his five-year sentence set aside in the same appeal (see FOCUS 18 p.11) Evidence had been given that five young men left Port Elizabeth for Zambia, but had been stopped by the police in Queenstown.
The court found all the statements which were made by both accused to the magistrate at Port Elizabeth were inadmissible because they were not made voluntarily. The two accused had stated that they were assaulted before they made confessions.
The conviction of Dlanjwa was confirmed and leave to appeal was refused, but the defence team was reported to be considering petitioning the Chief Justice. (DD 21.11.78)
ACQUITTALS MOKONE MOTAPO A Soweto taxi-driver, Mokone Nicodemus MOTAPO (28) was acquitted on 9 October in the Johannesburg Magistrates Court on four counts under the Terrorism Act.
He faced charges of having conspired to leave the country for military training. (Post 10.10.78)
15-YEAR-OLD A 15-year-old unnamed youth was acquitted in the Port Elizabeth Regional Court on 20 October of charges of arson and sabotage. (DD 21.10.78)
OUTJIE SEDIKWE A 19-year-old Rustenburg man, Outjie SEDIKWE, was acquitted on charges under the Terrorism Act, in the Rustenburg Regional Court in early November.
He had pleaded not guilty to charges of recruiting a man during 1977 for military training in Angola. Evidence was led by an unnamed man that Sedikwe had provided him with funds to travel to Botswana where he met an ANC man, who arranged for him to undergo military training.
The court found it could not accept the evidence of the unidentified witness because he was the single witness to the recruitment. He had been a Section Six detainee who had had to make a satisfactory statement to the police in order to be released, the court said. (Post 10.11.78)
ORSMOND MBULA A 23-year-old man, Orsmond Sakhumi MBULA was acquitted of sabotage in the King William's Town Regional Court on 22 November.
The charges related to the stoning of houses and the burning of a beer hall. (DD 23.11.78)
CONTINUING TRIALS MOTHOPENG and 17 others The trial of 18 alleged members of the Pan-Africanist Congress resumed in the Circuit Court, Bethal on 16 October, after the State had closed its case more than a month before (see FOCUS 15-19 under POLITICAL TRIALS).
The defence began its case by applying on 16 October for the discharge of five of the accused: Moffat ZUNGU, Daniel MATSOBANE, Hamilton KEKE, Johnson NYATHI and Alfred NTSHALITSHALI. The defence argued that some of the men were not implicated by the State's allegations, and that there was insufficient evidence against the others. However the judge turned the application down two days later.
Leading defence evidence, Daniel Matsobane spoke of the formation of the Young African Christian movement, which became the Young African Religious Movement in 1976. He said that the aim of the organisation was to bring in young people to engage in welfare work. A witness giving evidence for Matsobane removed his shirt in court to show marks which he said had been caused by electric shocks and beatings from the police. He said that was why he had eventually signed the statement which had been produced in court.
He was followed by several further defence witnesses who made similar allegations. One of these men was arrested on leaving the court and charged with perjury after he had denied the entire contents of a statement which was an exhibit before the court.
Johnson Nyathi, giving evidence in his own defence, described protracted assaults by white and black policemen while he was held in detention. He told the court that during this time he had been thrown out of a fourth floor window by security policemen.
Several students gave evidence on the Kagiso SRC and the South African Students Movement. Three of the accused are former members of the Kagiso SRC. (Post/RDM 17/19/26/31.10.78; 2/3/8/10/15/16/17/28/ 29.11.78).
SASM 11 The trial of eleven alleged members of the now banned South African Students' Movement and the Soweto Students' Representative Council (SSRC) has continued in the Kempton Park Court. The eleven are charged with sedition, alternatively with one charge under the Terrorism Act. (see FOCUS 18 p.10; 19 p.3)
One of the accused is Daniel Sechaba MONTSITSI (23) a former chairman of the SSRC. The other ten are also all former Soweto high school students.
The State continued to lead evidence through (mainly) unnamed students. A student, apparently formerly a senior member of the SSRC, said that the black trade unionist Drake Koka, now in exile, gave the organisation advice and financial assistance. The following day the student admitted that he had in his possession a pamphlet referring to former Prime Minister Vorster as a "dog", and another appealing to Robben Island prisoner and ANC leader Nelson Mandela to "chase the Dutch from Azania". He said this latter pamphlet was based on a song taught to them by executive members of the SSRC in October 1976.
He said he had also been given pamphlets urging a stay-away from work, by an SSRC member. He also told the court how he had attacked the UBC buildings with other students.
Another detainee giving evidence told the court that Soweto students had organised two protest marches to John Vorster Square during June 1977 to confuse the police.
One state witness, after completing his evidence, told the court that he wanted to say something more. He said that while he was in detention, Security Police assaulted him and threatened him with death on two occasions. "On two occasions I was beaten by Captain Arthur Cronwright, from John Vorster Square, who told me he was Hitler's nephew and if I did not cooperate he would get rid of me in the same way as Hitler got rid of his victims – that means death".
Several police officers also gave evidence. Capt. I. Engelbrecht said under cross-examination that police did not keep a record of how many shots were fired at the children. They only kept a record of the number of dead, he said. Capt. Leon van Coller said that when policemen opened fire on a crowd of Soweto students who were demonstrating against a meeting between Dr. Kissinger and Mr. Vorster, they were doing so in self-defence.
A state witness, Ezekiel Molefe, was arrested on 10 November minutes after giving evidence. Under cross-examination he told the court that police had given him electric shock torture in order to force him to make a statement.
A security policeman Lt. Johannes de Waal denied on oath that he assaulted two of the accused, Kennedy MOGAMI and George TWALA while they were in detention. Later two more security policemen, W/O Adriaan Trollip and Sgt. Ben de Meyer, denied assaulting any of the accused.
A Soweto millionaire and former UBC member Richard Maponya, who originally refused to give evidence in the trial by not responding to a subpoena, later changed his mind apparently after consulting his lawyer. He said he would ask the court that spectators be allowed to listen to his evidence and also, that whatever he said in court be published in the press.
The charge of sedition (which is based on the incitement of crowds to commit unlawful acts) is a common law offence and the sentence it carries is left to the judge. It could be a suspended prison sentence or life imprisonment but not death. (Post/RDM 25/27/ 31.10.78; 1/2/4/7/8/9/10/11/14/21/22/23/24/ 27/28/30.11.78; T 29.11.78)
NGOBESE and OTHERS The trial of six men and one women originally charged with Timothy Nxumalo (see above) in the Pietermaritzburg Supreme Court continued in the Durban Regional Court without Nxumalo, who has been charged and sentenced separately.
The seven pleaded not guilty to a charge under the Terrorism Act of inciting 21 people to leave South Africa for military training between May and December 1977. Three of the men also pleaded not guilty to attempting to leave the Republic for the same purpose. Facing both counts under the Terrorism Act are Sithembo Ernest NGOBESE (26), Themba Patrick NXUMALO (26) and Eric Fanavele MALABA (22). On the second count of incitement they are appearing with Nhlanla Victor Euclid NGIDI (25), Kwenzakhe Elijah MALABA (26), Penuel MPAMPA (26) and Ms. Sibongile Albertina KUBHEKA (27). (see FOCUS 19 p.3-4).
An unnamed witness gave evidence for the state that the accused had arranged for a group of schoolboys fleeing arrest to leave South Africa for military training in Tanzania. The trial was adjourned to 8 January. (RDM 28.11.78/7.12.78; DN 28.11.78/15.12.78)
KHUMALO The trial of Mzilikazi Godfrey KHUMALO (28) continued in the Pietermaritzburg Supreme Court where he has pleaded not guilty to three counts under the Terrorism Act and conspiracy to do malicious damage to property. (see FOCUS 19 p.4) His former colleague, Samuel Makhanya, gave evidence against him for the State. Makhanya told the court that he and the accused had entered Mozambique from South Africa illegally in October 1978, where they made contact with the African National Congress. From there they went to Zambia where they received guerilla training in a ZAPU camp, and they returned to Mozambique in January 1978 where they underwent further training in firearms and explosives, he said.
The two men then returned to South Africa and the accused allegedly told Makhanya that he would "shoot the security policeman who was responsible for the death of Joseph Mdluli, the ANC man". (Mdluli died in detention in March 1976, see FOCUS 4 p.2)
A later State witness, Lucky Francis Msomi, told the court that the accused had urged him to flee the country and undergo military training, while he (Msomi) was on the run from the police after killing his stepfather. A police constable told the court that he had found two loaded Russian-made firearms, hand grenades and explosives near a road not far from the Swaziland border. The weapons had initially been discovered by an African passer-by, he said.
A later witness alleged that the accused had said, at a meeting in KwaMashu to discuss the opening of a branch of the Black Peoples Convention, that it would be better to fight than to join the BPC. On December 13 a security police sergeant told the court that he believed Khumalo was involved in the assassination of Det. Sgt. Leonard Nkosi in September 1977 (see FOCUS 13 p.6) The Security sergeant also told the court he had a warrant of arrest for a Reverend Msibi who is alleged to have recruited Khumalo and others to the ANC and arranged for their military training in Zambia and Mozambique. (DN 15/17/21/22/24/11.78, 14.12.78)
MOGALAND MABASO The trial of Linda Mario MOGALÉ (18) and Elias Jimmy MABASO (22) continued in the Johannesburg Magistrates Court (see FOCUS 19 p.4). The case was postponed in early November to 4 December.
They were charged with murder, arson, malicious damage, terrorism and alternatively sabotage. Reportedly implicated in the charges is the late Mzwakhe Machobane, Soweto student and former detainee who was allegedly shot by the police in Bloemfontein while resisting arrest. (Post 6.11.78)
PORT ELIZABETH SIX Four men and two women appearing in the Port Elizabeth ANC trial have been remanded in custody to 29 January, after appearing in the Port Elizabeth Regional Court on 29 November.
They are appearing on charges under the Terrorism Act and the Internal Security Act.
At the hearing they were not asked to plead and no evidence was led. The latest press report states that there are six people on trial and not five as in the previous press reporting on the trial (see FOCUS 19 p.4).
The six are: Eric NGELEZA (41), Weaver MAGCAI (38), Mrs. Kholeka FOLEY (25), Mrs. J. BOOKHOLDANE (40), Greeves TINI (22) and Mziwamadoda KALAKO (22). (RDM 21.11.78)
SAUL TSOTETSI Saul Andrew TSOTETSI (22) (name given as TFOTETSI in FOCUS 19 p.4) has re-appeared in the Pretoria Supreme Court on three charges under the Terrorism Act. He was originally charged in the Vanderbijlpark Magistrates Court on 22 August (see FOCUS 19 p.4).
The State alleges he encouraged others to leave the country to undergo military training. (Post 20.9.78)
NICODEMUS PHAKWE A 21-year-old student was due to appear in the Randfontein Regional Court on four counts under the Sabotage Act, alternatively public violence and malicious damage.
The State alleges that the accused, Nicodemus PHAKWE, was part of a "rampaging" group of students in Mohlakeng township during the 1976 uprisings. He is on R300 bail. (Post 22.9.78)
SHADRACK MOLEFI A student, Shadrack MOLEFI, who appeared in the Johannesburg Regional Court in September on a charge under the Terrorism Act, was due to re-appear on 5 December. He is alleged to have conspired to leave the country to undergo military training. (Post 6.11.78)
MOKGOSI and OTHERS The trial of the four Kagiso youths who originally appeared in the Krugersdorp Regional Court on charges of sabotage and alternatively attempted murder, has commenced in the Johannesburg Regional Court. (see FOCUS 19 p.4).
The four are David MOKGOSI (20), Stanley MOLUSI (18), Hendrik MOLEFE (19) and a 15-year old youth. They allegedly set fire to four houses in Kagiso in February and wrote intimidating letters to two members of the Urban Bantu Council.
Defence counsel told the court that the four youths were assaulted, made to stand all night and refused food or water while in the custody of the Krugersdorp security police. (DD 11/11/78)
HECTOR NCOKAZI The leader of the opposition Transkei Democratic Party, Hector NCOKAZI, appeared briefly in the Umtata Supreme Court on 27 October, charged with two counts under the Public Security Act. The hearing was postponed.
During a preparatory examination at Engcobo in April, Mr. Ncokazi was charged with making statements 'subverting the authority of the state (i.e. Transkei) and its officers and disseminating views and doctrine subverting the sovereignty of Parliament or constitutional independence of the Transkei'. He pleaded not guilty to both charges.
Before his appearance Mr. Ncokazi had been in detention since January under the Transkei Public Security laws. He was first detained in July 1976 and later in October 1977 (see FOCUS 6 p.10; 8 p.8; 17 p.4) (DD 4/28/10.78)
MAKAE and TLEDLIMA Two members of the Young Christian Workers (YCW) are appearing at the Kroonstad Regional Court on charges of conspiring to commit sabotage.
The State alleges that Petrus MAKAE (28) and Jacob TLEDLIMA (27) planned to blow up the Kroonstad power station, military camp, magistrate's court, police station, security police offices and other buildings in a general strike of all black workers. (RDM 24.11.78)
OTHER TRIALS MOROBUDI, TSHABALA and MOSETLE The trial of the three youths charged with possessing arms, ammunition and explosives continued in the Johannesburg Magistrates Court. The youths claimed to have found the arms in the veld (see FOCUS 19 p.4).
Levin MOROBUDI (21) was convicted and sentenced to a total of 30 months' imprisonment on three charges of possession. The other two, Bheki TSHABALA (18) and Philip MOSETLE (26) pleaded guilty to all charges but no sentences were reported in their case. In FOCUS 19, it was reported that the fourth accused Ezrard MANQUPU was convicted on 4 October, but a report of his sentence has not appeared. (Post 2.11.78)
16-YEAR-OLD An unnamed 16-year-old Soweto youth was acquitted on three murder charges in the Klerksdorp Circuit Court in mid-November.
The youth was also cleared of arson and malicious damage charges. The case arose from an apparently politically motivated petrol bomb attack on a house in Jabulani when Mrs Veronica Nkosi and her two daughters died.
A 14-year-old youth called as a witness was redetained after the judge refused to pardon him after he told the court that he had made his statement only because the police had forced him to do so by assaulting him. The judge said the Attorney-General might consider taking action against him. (Post 6/14.11.78)
CROSSROADS CASE Charges of attending an illegal gathering were withdrawn on 13 November in the Parow Regional Court against 67 Crossroads residents, clergymen and welfare workers.
The 67 were originally charged with attending an illegal gathering at Crossroads on 14 September, the day the police launched a massive raid on the Crossroads squatter camp (see FOCUS 19 p.1).
No reason was given for the withdrawal of the charges, which came on the instructions of the Attorney-General. The first accused, Johnson Nxobongwana faced an additional charge of "wrongfully and unlawfully" convening a meeting. Mr. Nxobongwana, who was injured in the police raid, has said he intended taking legal action against the Minister of Justice in connection with his injuries. (CT 14.1.78)
TITI MTHENJANE On 1 December the Appeal Court in Bloemfontein upheld the appeal against a three-year sentence by Titi MTHENJANE, who was jailed for refusing to give evidence against Paul Langa in August 1977 (see FOCUS 12 p.10).
The appeal judge reduced the sentence to 18 months to take effect from 5 August 1977. However he dismissed Mthenjane's appeal against conviction. (RDM 10.11.78, 2.12.78)
