Up to 20 members of the African National Congress of South Africa currently serving prison sentences in Rhodesia under the Law and Order (Maintenance) Act, face possible repatriation to South Africa over the next few years, and the likelihood of retrial under South African legislation, notably the Terrorism Act.

The men, all former guerilla fighters, were captured in the Wankie and Kariba areas of north-western Rhodesia in 1967 and 1968, during clashes between Rhodesian troops, supported by contingents of South African paramilitary police, and combined groups of Zimbabwean and South African guerillas. In August 1967, after fierce battles had taken place in the Wankie-Dett area, the ANC (South Africa) and ZAPU (now allied with ZANU in the Zimbabwe Patriotic Front) announced that they had formed a military alliance to wage the armed struggle, and that a combined force of ANC and ZAPU guerillas had marched into Rhodesia. Six members of the ANC were reported to have been captured on 18 August, while other guerillas from a force totalling about 80 were reported killed. (IDAF Information Service, July-September 1967 p. 63)

Further clashes took place in subsequent months in the Wankie area and further to the east and some guerillas were reported captured. In March 1968, a group of more than 100 ANC and ZAPU guerillas were revealed by the regime to have infiltrated east of the Kariba dam into the Zambezi valley. A joint ZAPU/ANC statement said that guerillas were engaged in battles in the Karoi, Sinoia and Miami areas. A large number of guerillas were reported to have been captured by the end of March, (IDAF Information Service, Jan-March 1968 p. 137).

Many trials under the Law and Order (Maintenance) Act of Africans accused of entering Rhodesia with weapons of war and taking part in guerilla activities took place in this period. * On 9 November 1967 a group of 7 guerillas, comprising 5 members of ZAPU and 2 from ANC (South Africa), were sentenced to death in the Salisbury High Court for the murder of 2 African soldiers and the possession of arms, ammunition and explosives. They had formed part of a group of 80 guerillas who had crossed the Zambezi the previous August. (IDAF Information Service Oct-Dec. 1967 p. 109) * On 1 July 1968, 9 African guerillas, including 6 members of the ANC, were each sentenced in Salisbury to 20 years imprisonment on conviction of possessing arms of war. (IDAF Information Service April-June 1968 p. 189) * On 9 August 1968, a total of 28 members of ZAPU and 4 members of the ANC were sentenced to death by the Salisbury High Court for possessing arms of war. Their sentences were confirmed on appeal on 4 December but are believed to have later been commuted – as happened in the other cases of ANC members sentenced to death. (IDAF Information Service, July-Dec 1968 p. 248-9)

In most other trials, it is not possible to tell from press reports whether they involved Zimbabwean defendants, or members of the ANC.

Most if not all of the ANC (South Africa) currently imprisoned in Rhodesia are believed to be held in Khami Maximum Security Prison outside Bulawayo. Some may have been held in Salisbury Central Prison at an earlier stage in their sentences. The following names are known:– OSBORNE BOPHELA (also known as Oscar Thula Bophela and alternatively as Osborne Ndlovu), from Natal. Took part in the Wankie campaign of 1967 and was sentenced to life imprisonment in 1968. JAMES HERMANS ISAAC MAPHOTO (or Mopoto), sentenced in 1969 NATSHO MASUKU AUBREY MDLEDSHE, from Zululand, Natal, sentenced to 20 years imprisonment. ERNEST MODULO DAVID (or Blackie) MOLEFE, serving 20 years imprisonment. WILLIAM MOTAU (or TAU), from Johannesburg, serving a life sentence. FREDDIE MNINZI, a former youth leader from Cape Town who took part in the 1967 Wankie campaigns and is serving a life sentence having initially been sentenced to death (probably the November 1967 trial, see above). RALPH MZAMO, from the Transkei. He took part in the 1968 "Sipolilo campaign" and was sentenced to 20 years imprisonment. He previously worked in Port Elizabeth with the Congress Movement newspapers New Age and Spark, (both later banned). JOHANNES NKOSI LINDA NTSELE, from Johannesburg. Believed to be serving life imprisonment after taking part in the Sipolilo campaign. NATSOLENE RAMASHABA JOHANNES SITHOLE BERTWEKK TAMANE, who took part in the 1967 Wankie campaign. GEORGE TAU, from the Transvaal. Believed to have been sentenced to death in 1967 after capture in the Wankie campaign (with Freddie Mninzi); subsequently commuted to life imprisonment. MARSHALL VORSTER (a code name), believed to be one of the oldest members of the group and sentenced to a prison term after taking part in the Sipolilo campaign.

It is possible, due to the use of code names and aliases, that some of these names are duplicates. The tight security maintained by the regime makes it extremely difficult to obtain definitive lists of prisoners. Other possible names are MOSES BARED, NKOSANA MBUSONTO and PETROS (surname not known, from the Transvaal).

At least three members of the ANC (SA) have died in Khami Prison. REGGIE HLATSHWAYO, from Natal but a former resident of Johannesburg, captured in 1968, died in July 1976 of stomach cancer. GEORGE MOTHUZI (or Mthuzi) is believed to have died in 1976. JOSEPH BOTHWELL NDLOVU is believed to have died in 1977 from hypertension while being held in solitary confinement. (Sources include: Sechaba Vol 11, First Quarter 1977 p. 59; "ANC Speaks: Documents and Statements of the African National Congress 1955-1976")

Under the Rhodesian laws of remission, a number of the ANC prisoners will be due for release in the 1980's. Assuming the Smith regime is still in power there is a very real possibility that they will be repatriated to South Africa where they would almost certainly be made to stand trial for a second time.

The ANC prisoners in Khami are not separated from the Zimbabweans, but are mostly held in "A" Hall, either in cells formerly used to hold a single white prisoner but now accommodating up to 5 Africans, or in larger cells on the third floor housing 40-50 people – so tightly packed that at night it is impossible to turn over without hitting the next person. They do hard labour with the other prisoners – in the early 70's this consisted of stone crushing at the bottom of 9 foot deep pits inside the perimeter fence, from which the ladders were withdrawn to prevent escape.

The escalation of political trials in recent years means that Khami is now extremely crowded and is believed to hold about 600 convicted political prisoners. In "B" Hall, formerly used to keep prisoners in solitary confinement during the first months or years of their prison terms, the single cells are now apparently used to accommodate up to 3 people. A prisoner can touch each side wall of a single cell with his outstretched arms. Windowless punishment cells on the ground floor of "B" Hall are now, according to a former prisoner, used to accommodate prisoners on a regular basis.

Political prisoners in Khami are permitted a maximum of 2 visitors once a month, for 15-30 minutes. Relatives are separated from the prisoner by a space of 4-5 feet and must shout through a small glass window in a wire mesh screen. A prison warder stands between the prisoner and his relatives. In the case of the ANC prisoners in Khami, only one may ever have received any visits – in his case, his parents had to travel from the Cape. Since 1974, when educational "privileges" were finally withdrawn by the Smith regime, convicted political prisoners have not even been able to study.

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