COURTS MARTIAL A spokesman for the Smith regime's Department of Combined Operations confirmed on 21 November that courts martial had been taking place in martial law areas, and that the hearings had been held in camera. (RH 22.11.78)
Provision for special courts martial was included in the terms of the regime's declaration of martial law, published on 23 September. These military courts have jurisdiction to try any offence committed within a martial law area and connected with the armed liberation struggle or the "maintenance or restoration of law and order." While they may impose any "appropriate" sentence, including the death penalty, they are not subject to any of the normal constraints of the judicial process and can in fact operate in complete secrecy. In any area, trials are handled by the local Joint Operations Command Headquarters, meaning that the president and other members of a court martial are all nominees of the security forces. No appeal is allowed to the civil courts against decisions of courts martial. It is known that up until at least the middle of December 1978, accused persons brought before special courts martial had been unable to secure legal defence. Representations from lawyers were ignored and proceedings finalised by the military authorities without defence counsel being advised. Sentences of up to 20 years imprisonment are known to have been imposed by courts martial although to date, there is no record of any death penalty. (see FOCUS 19 pp.8-9 for details of court martial regulations).
Church organizations inside Zimbabwe have expressed great concern at the workings of the martial law regulations, which significantly extend the already extremely wide powers of the security forces. The Catholic Commission of Justice and Peace, for example, has commented that "Mr Smith should have declared martial rule - there is little law involved", (mimeographed paper, Salisbury). The Anglican Bishop of Mashonaland, The Rt. Rev. Paul Burroughs, warned in November that "troops and commanders lower down in the ranks may be regarding martial law as carte blanche to do what they feel they need to do on the spur of the moment." It was also "astonishing" how little information was being released on the martial law areas and how little comment their institution had aroused. (Bulawayo Chronicle, 3.11.78)
In reply to a parliamentary question, the regime's Joint Minister of Combined Operations Mr. Hilary Squires stated that people living in martial law areas had been "advised of the implications thereof" through the medium of meetings and pamphlets. (Debates 1.12.78)
As a result of five separate extensions (on 23 September, 4 & 31 October, 10 & 24 November) about 75% of Zimbabwe was covered by martial law regulations at the end of 1978. It has been widely anticipated that martial law will be extended to cover the entire country before the general elections planned for April 1979. (FT 22.12.78)
DEATH SENTENCES Extracts from a judgement delivered in the case of DANIEL MOYO make it clear that under the 3 March internal agreement, the prospects of a defendant under the Law and Order (Maintenance) Act being sentenced to death have if anything increased. This is of course in direct conflict with assurances given by Bishop Muzorewa in particular, and reported in previous issues of FOCUS (see No. 19 p.12).
Daniel Moyo was sentenced to death in September 1978 on charges of recruiting for guerilla training. His appeal was heard on 8 November but judgement was reserved. On 22 November the appeal was dismissed. (KEMBO NDHLOVU, who was charged jointly with Daniel Moyo, received a prison sentence). In their final judgement, the Appellate Division of the High Court ruled that: "Contraventions of this section (i.e. 24(i) of the Law and Order (Maintenance) Act - recruiting for, or encouraging, guerilla training) have always been extremely serious and in the absence of special circumstances fully deserving of the ultimate penalty. But in the light of the agreement of 3rd March, there is less justification than ever for terrorist activities. This factor and the escalation of terrorism in recent times makes it imperative to deal with the contraventions of s. 24(i) with the full rigour of the law." (High Court of Rhodesia, Appellate Division, Judgement No. A.D. 201/78)
AMBROSE NDHLOVU, a member of ZIPRA, was sentenced to death by the High Court on 6 October. He was tried jointly with John Matthew Maseko, whose death sentence was reported in FOCUS 19. The court heard that both men entered Rhodesia from Zambia in December 1977 as members of a guerilla group, with instructions to commit acts of sabotage in and around Bulawayo. They were allegedly responsible for a number of robberies in Bulawayo's African townships and for a bombing incident at the premises of Computer Services Pvt Ltd in the city's industrial area. They were arrested early in 1978 and charged with possessing a large quantity of arms of war and committing various acts of terrorism.
A total of 13 people are now known to have been sentenced to death for offences connected with the armed struggle since the 3 March internal settlement agreement. In at least 9 cases, appeals against the death sentences have been dismissed by the courts.
An appeal against the death sentence by SAVEOUS CHINGWE HOVE a 50-year-old schoolteacher convicted of assisting guerillas to murder a district assistant, was dismissed on 11 September. (RH 12.9.78)
In the case of PIASON NDHLOVU, however, a petition for clemency submitted to the Acting President has been successful in commuting the death penalty to life imprisonment. An initial appeal against the death sentence was dismissed in September 1978. (FOCUS 19 p.12)
OTHER CONVICTIONS 10 October: High Court, Salisbury T. MUTANGA, E. TACHIWONA and E. TAKAWIRA were each sentenced to 25 years imprisonment on conviction of murdering a Centenary farmer, Mr. Thomas Koen, and for possessing arms of war. Mr. Koen, of Charmwood Farm, was shot in a struggle with guerillas in February 1978, while paying his farm workers. The three accused, who each claimed to be 18 years old, had in the court's view associated themselves with the guerilla group. They had been captured in follow-up operations by combined air and ground forces. The three men told the court that their group had not intended to kill Mr. Koen, but planned to discuss politics with him so that he would provide them with food. (RH3/4/5/6/7/11.10.78)
A number of Mr Koen's employees have also appeared in court as state witnesses or on charges connected with the incidents at Charmwood Farm. Four men were sentenced to prison terms in March on conviction of failing to report the guerilla group, while in August, a 17-year-old boy employed on the farm was acquitted of Mr. Koen's murder. After the latter's death the farm workers were taken to Centenary Police Station where, according to one witness, they were beaten up by a white farmer friend of Mr. Koen and by African police. (RH 24.8.78; see FOCUS 18 p.4, 17 p.14)
1 November: Magistrates Court, Bulawayo BENSON MABHENA (27) and SIMAWU MALUNGA (19) were each sentenced to 8 years imprisonment for feeding, harbouring and failing to report guerillas at an estate outside Bulawayo. The two accused were employed on the estate. (Byo. Chronicle 2.11.78)
7 November: High Court, Salisbury Two unnamed youths, estimated to be between 16 and 17 years old, were each sentenced to life imprisonment on conviction of possessing arms of war in the Mangwende, Uzumba and Mtoko TTLs. The two boys were allegedly members of a guerilla group attacked by combined ground and air forces in the Budjige Purchase Area on 1 October. (RH 8.11.78)
12 November: High Court, Salisbury Two unnamed youths, aged 17 and 18, were each sentenced to 17 years imprisonment on conviction of the murder with actual intent of an African police constable in the Zhyombe TTL, Gatooma, on 9 March. The boys pleaded not guilty to murder and also to an alternative charge of assisting two ZIPRA guerillas who arrested the constable and allegedly killed him. (BBC 18.11.78; RH 17.11.78)
? beginning November: Bulawayo JOSEPH MGUNI, a member of ZIPRA (ZAPU's military wing) was sentenced to life imprisonment on conviction of possessing arms of war, the robbery of a hotel in Dett carried out by a guerilla group of which he was a member and the robbery of a bus in Tjoltjo district in April 1978.
30 November: Magistrates Court, Bulawayo FORTUNE DUBE, SHELTON TSHUMA and THEMBA TSHUMA were each sentenced to 4 years imprisonment on conviction of attempting or conspiring to leave the country for guerilla training.
4 December: Bulawayo Regional Court MUKUTHI MHLANGA was sentenced to 7 years imprisonment on conviction of assisting guerillas to kill a district assistant; alternatively, of failing to report guerillas.
19 December: Salisbury Regional Court DOUGLAS NDHLOVU was sentenced to 7 years imprisonment (3 suspended) and SHEPHARD ZINDI to 7 years (4 suspended) on conviction of assisting guerillas.
FURTHER CASES 11 October: High Court, Salisbury SAIDON MATANHIRE was found not guilty of murder and an alternative charge of committing acts of terrorism, and discharged. He had been accused of assisting guerillas to lay landmines which killed Mr. Douglas Courtney of Wilshaven Farm, Mtoko, and one other man. Two employees of Wilshaven Farm were each sentenced to 5 years imprisonment in September. (RH 12.10.78; see FOCUS 19 p.12)
20 November: High Court, Bulawayo JOMOLA LACTON NCUBE was acquitted of recruiting 6 people for guerilla training.
22 November: High Court MARTIN NYONI, charged with assisting a guerilla force detachment by pointing out the position of security forces, was found not guilty and discharged. Despite this verdict, however, it is known that on the day of his arrest, Mr. Nyoni's home was destroyed and all the property it contained burnt by security forces, apparently as a form of reprisal.
15 December: Magistrates Court, Bulawayo ELIPHAS NHLIZIYO and CONNIATH MOYO were acquitted of conspiring or preparing to leave the country for guerilla training.
CHURCH ON TRIAL 31 October: Magistrates Court, Bulawayo Sister CLOTILDA MOYO (26), a Roman Catholic nun, was sentenced to 2 years imprisonment (18 months of which was suspended) on conviction of falsely denying knowledge of guerillas. Sister Moyo, an African member of the predominantly Spanish order of the Daughters of Calvary, was a nursing sister at the clinic of the Sacred Heart Mission, Matetsi, in the Wankie area and only 12 miles from the Zambian border.
An agreed statement of facts said that four guerillas had arrived at the mission on 15 July and taken medicines after warning Sister Moyo not to report their visit. When arrested some days later by police, she initially denied any knowledge of the guerillas. She told the court she had feared that if she had reported the incident, the clinic would have been closed or destroyed, and her own life endangered. She was released on R$300 bail pending appeal, on condition that she report twice weekly to the police. (RH 1.11.78; AGN/RDM 2.11.78)
On 29 November, Sister Moyo's sentence was reduced to a term of 12 months, all of which was suspended. In its judgement, the court commented on the "extremely couraginous step" taken by Sister Moyo in volunteering to remain alone at the clinic after other missionaries had been withdrawn, in a remote part of the operational area, to ensure that the African people living in the area continued to receive medical care and attention. It was also revealed that five days after guerillas had visited the mission, a group of security forces had arrived at the clinic, carrying the body of a dead guerilla, and interrogated her. The troops were angry and threatened her, saying; "Come and see your husband, we have killed him." (High Court of Rhodesia, Appellate Division, Judgement No. A.D. 219/78)
Two Roman Catholic priests have also recently appeared in court on charges under the Law and Order (Maintenance) Act. Father MUZUNGU, of the Regina Coeli Mission in the Nyamaropa TTL north of Inyanga, was due to appear before the Umtali Magistrates Court on 22 December having been remanded from Rusape and Salisbury. Although facing charges of failing to report and assisting guerillas, he was released on bail on 8 December on condition that he report 3 times weekly to the Umtali Police. (Under a recent amendment to the Criminal Procedure and Evidence Act, a Magistrate may, with the consent of the Attorney-General, admit a person to bail even though the charges which he or she faces carry the death penalty.)
According to ZAPU (Patriotic Front), a second priest, Father JOSEPH MAHLANGU, was due to be sentenced on 6 December after pleading guilty to a charge of harbouring, concealing or aiding guerillas. Father Mahlangu revealed in court that on 18 July, he had been taken to a police station where he was made to sit on a concrete floor and beaten by a patrol officer using his fists, a club, a broken bottle, a stick and an electric cord. He was accused of being a communist, a terrorist and a terrorist sympathiser. The patrol officer responsible, Michael Doyle (23), is an Australian mercenary who is believed to have since been flown out of the country to avoid charges of assault. (ZPV 8.12.78)
OPPOSITION TO BLACK CALL-UP The Joint Minister of Law and Order told the House of Assembly on 1 December that a total of 749 African students had to date been prosecuted for demonstrating against the proposed military call-up of Africans. Under new conscription regulations announced by the regime in October African men between the ages of 18 and 25 and with at least 3 years of secondary education were required to register for military service by 1 December. (Debates 1.12.78; see FOCUS 19 p. 11)
Thousands of students at secondary schools and colleges throughout the country, and at the University of Rhodesia, have taken part in demonstrations and protest marches against the call-up plans. Hundreds have been arrested and special courts have even been convened to hear charges under the Law and Order (Maintenance) Act of taking part in illegal processes or intimidating others to do so. Sentences have taken the form of up to 6 cuts, fines, or up to one month's imprisonment. Within a week of the Minister's statement a further 225 students from the United College of Education, Bulawayo, appeared in a mass trial at the Bulawayo Drill Hall after taking part in a protest demonstration. 204 of them (the remainder were juveniles and received suspended sentences) were given the option of a fine or five days imprisonment. A further 38 were remanded. (RDM 25.11.78, 8.12.78)
A number of students are known to have fled the country to avoid the African call-up - the first intake of which was due to report for duty on 10 January. Opposition to the regime's plans is by no means confined to students; in November, 17 black employees of the large Salisbury firm of World Radio Systems were summarily dismissed from their jobs after refusing to complete national service registration forms. (Such forms are distributed to employers by the regime's Department of Security Manpower). A total of 102 out of 107 workers refused to sign the forms and were told that they would therefore not receive their weekly pay. (RH 23.11.78)
In an attempt to offset this rising tide of hostility, the co-Minister of Manpower has stated that less than a quarter of the 25,000 Africans eligible for military service will actually be drafted during 1979. National service, furthermore, would not necessarily take the form of military service but could involve helping with agriculture, land reclamation or education in the TTLs. (RDM 25.11.78) Since this statement, ZANU (Patriotic Front) has reported that hundreds of African school students in the 13-14 age group have been rounded up by the regime to work in "virtual bonded" for white farmers whose black workers have deserted them to join the guerilla forces. This forced labour programme, according to white missionary sources, was launched in November in areas under martial law. (BBC 6.1.79, reporting Maputo in English for Rhodesia 4.1.79)
DETAINEES According to information received by IDAF, a total of 162 people were detained in Wha Wha prison camp at the beginning of December 1978, and more were coming in each week. They included 19 executive members of ZAPU (Patriotic Front), and 18 members of ZANU (Patriotic Front). A letter from an inmate of Wha Wha arrested in the round-up of Patriotic Front supporters which accompanied the regime's declaration of martial law (see FOCUS 19 p. 9) reads: "... I had hoped that my detention was temporary, but on that day (9 November) I was served with an indefinite order which reads inter alia that: 'The making of this Order is based on a belief that you are likely to commit, or to incite the commission of, acts in Rhodesia which would endanger the public safety, or disturb or interfere with the maintenance of public order.' It is signed by the two co-ministers of Law and Order - a White man and a Black man. Believe me I feel very sad for my country. Instead of moving towards our finest hour when we would become independent under conditions of peace, I see a movement towards sure disaster... By detaining so many of us I feel those in the Transitional Government are sowing seeds of bitterness. They seem to be inheriting the same oppressive machinery we have been fighting against".
Speaking in the House of Assembly on 8 December the Joint Minister of Justice confirmed that a number of extra privileges previously accorded to detainees at Wha Wha, including the length of time allowed for visitors, had been withdrawn. (Debates 8.12.78)
