Sixteen members of the Pan-Africanist Congress were sentenced to effective terms of imprisonment ranging from five to fifteen years, at the end of the marathon PAC trial on 26 June in the Bethal Circuit Court. The trial of the 18 men under the Terrorism Act ran for over 18 months.
One of the convicted, 43-year-old Hamilton KEKE, was given a wholly suspended sentence of five years' under the Internal Secutiry Act and thus was the only man to go free at the end of the trial. A few days earlier the judge had acquitted the eighteenth accused, Alfred NTSHALI-NTSHALI (48), a Swaziland taxi-driver. He had pleaded not guilty from the outset, whereas the other 17 had refused to plead and pleas of not guilty had been entered for them.
Zeph MOTHOPENG (66), who is the "recognised leader" of the PAC in South Africa, according to the judge, and the number one accused, received a sentence of 15 years' on each of two main counts under the Terrorism Act, the two sentences to run concurrently. He had earlier been found guilty of reviving the banned PAC with the intention of sending people out of the country for military training, and with using a 'front organisation' in Krugersdorp - the Young African Religious Movement - to further the aims of the PAC and incite 'riots' in Kagiso in 1976.
The other sentences were: Michael MATSOBANE (36), who was imprisoned for 15 years' on both counts under the Terrorism Act; Mark SHINNERS (38), 12 years' imprisonment on the main (first) count; Dan MATSOBANE (32) 12 years' imprisonment on the second count; John GANYA (50), 11 years' on the main count; Bernie NTOELE (39), ten years' on the main count; Johnson NYATHI (33), ten years' on the second count; Julius LANDINGWE (31), eight years' on the main count; Themba HLATSWAYO (22), eight years' on the second count; Mothlagegi THLALE (23) eight years' on the second count; Moffat ZUNGU (43), seven years' on the main count; Michael KHALA (21) seven years' on the main count; Zolile NDINDWE (27), seven years' on the main count; Goodwill MONI (24) seven years' on the main count; Jerome KODISANG (27), five years' for undergoing military training in Libya (main count); Rodney TSOLETSANE (21), five years' on the second count.
The 16 men reportedly left the dock in high spirits. They clenched their fists in salutes and stamped their feet to the rhythm of freedom songs after the sentence. The Rand Daily Mail reported that there was a mixture of tears and jubilation outside the court — "jubilation as Keke was released and tears for the others who will go to the jail". The judge granted about 60 state witnesses indemnity from prosecution. Most of these witnesses gave evidence in camera. The judge, Mr. Justice Curlewis, said that Zeph Mothopeng's denials of evidence by State witnesses in the case had been proved false beyond any doubt. The judge said not one of the state witnesses in the case had been tortured by the Security Police. In no case had statements made by the witnesses been directly or indirectly dictated to them. The police had adopted a simple way of determining the truth — that it was extremely difficult to lie over a long period and that by being asked to write and re-write statements, what the witnesses actually knew would emerge, the judge said.
The judge said the older men had incited the younger men and that they were "wicked men and what they did was wicked".
The trial had resumed again on 21 May after more than a month-long break. The court then heard summing up from defence and state. Thirteen of the 18 accused in the trial have filed claims against the Minister of Police for R131,000 for alleged assault during security police detention prior to the trial.
