In two trials, five men and two women political prisoners have been found guilty of assaulting prison staff at Robben Island and Kroonstad prisons.
The five men were charged in the Regional Court on Robben Island on 19 June 1979 with attempting to murder five warders and failing to obey a command of the prison staff on 9 February 1979. On 26 July, Vusimuzi NCONGO, Mncedisi SISWANA, Tamsanqa Jeffrey KLAAS, Khumbelele MNIKINA and Fezile Lawrence MVULA were convicted of public violence and sentenced respectively to three years' imprisonment; two-and-a-half years'; three years'; four-and-a-half years'; and four years'. One year will run concurrently with their other sentences in the case of Mcongo and Klaas. A sixth accused, Zuko CAMAQA, was found not guilty.
It was alleged that the prisoners had attacked the warders with bricks and a piece of metal tubing when Capt. Harding, officer in command of the maximum security area of Robben Island prison, had gone to the recreation area of the section to investigate why the prisoners had not obeyed the bell which had rung for them to return to their cells.
The defence asked for an acquittal, saying that the evidence of the warders had been contradictory and that in the cases of all but one of the accused, identification rested on the observations of one person, in most cases under stress. One of the warders, Serg. J.H. Stander, who had initially identified Siswana as having tried to strangle Capt. Harding, changed his evidence under cross-examination and stated that it had actually been Mnikina, and that he had made a mistake due to being under "very high tension". The prosecution conceded that there were doubtful grounds for the charge of not obeying a lawful order.
However the magistrate said that the evidence led by the State had appeared trustworthy and, in some instances, outstanding. He said the court would have considered corporal punishment, but present legislation did not provide for this in cases of public violence.
The defence gave notice of appeal against judgment and conviction.
The other trial arose out of incidents at Kroonstad prison, in the Orange Free State, where women political prisoners are held. On 14 August 1979 Thandiso MANGUNGO (19) and Caeserina MAKHOERE (23), both serving five-year sentences under the Terrorism Act, were found guilty in the Kroonstad Magistrate's Court of common assault on a white wardress.
Wardress Amanda Smith told the court that Mangungo and Makhoere assaulted her by slapping her face on 20 May 1979, and again on 26 July 1979, when Mangungo also spat into her face. Mangungo and Makhoere denied this. Mangungo said she fought in self-defence and Makhoere said she had separated Miss Smith and Mangungo while they were fighting.
Makhoere said the Terrorism Act prisoners had gone on a hunger strike "for equal rights, and against apartheid and discrimination". Miss Smith and two male warders had dragged her out of her cell and beaten her with batons.
Giving evidence for the defence another Terrorism Act prisoner, Joyce Mashamba, said relations between prison officials and prisoners at Kroonstad prison were not satisfactory.
Mangungo was convicted on two counts of common assault and sentenced to a fine of R60 or sixty days' imprisonment; Makhoere on one count and sentenced to a fine of R30 or thirty days' imprisonment.
The two women were not previously known to be in Kroonstad prison; their names should be added to the list of women political prisoners. According to the Minister of Prisons there are currently nine women political prisoners.
