The young ANC guerilla convicted under the Terrorism Act in November (see FOCUS 20 p. 18) was sentenced to 15 years' imprisonment by BophuthaTswana Supreme Court on 29 January. Marwane was captured after a clash between guerillas and police in the Western Transvaal in August 1978.

Passing sentence, the judge said the incident was one of the first in "an onslaught from outside upon the existing order in this country and the RSA" and that "the rising tide of terrorism makes the element of deterrence the overriding one in the whole situation", adding that "the courts operate in a phase where the Terrorism Act is intended to be wielded with telling effect and not be eroded by considerations meant for ordinary crime". He said he had taken Marwane's age into account, but that those recruited for such missions were mainly from the same age group.

Defence counsel advanced arguments in mitigation, including Marwane's age, his immediate surrender and his non-combative role in the clash. (RDM 30.1.79)

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