The trial of 12 alleged ANC guerillas who are charged with high treason, alternatively with 43 counts under the Terrorism Act and with conspiracy to commit murder under the Riotous Assemblies Act, has continued in the Pietermaritzburg Supreme Court (see FOCUS 24 p.1)
In the early stages of the trial the twelve accused created a precedent by dismissing their defence counsel and refusing to take any further part in the trial after the judge had ruled that certain witnesses could give evidence in camera.
Counsel for the accused announced this decision to the court on 12 September saying that the men had decided that the nature of high treason was a crime affecting society, "and to exclude the public is to exclude the people affected by what the ANC seeks to achieve."
"The man wish to take no further part in the trial and would rather the trial proceeded in their absence," the counsel stated.
Immediately the defence team left the court-room the twelve men stood up and raised clenched fist salutes and sang freedom songs, and the judge eventually ruled that the 12 accused were to be removed from the court room while the trial proceeded in their absence.
The judge's decision came after an application by the State to have certain non-police witnesses' evidence heard in camera because the State contended that a real possibility existed of the witnesses being intimidated or even murdered. Defence counsel had argued in favour of an open trial, saying it was essential if a fair trial was to be held that witnesses give evidence in an open court.
The twelve accused are John SEKETE (24), Tladitsgae MOLEFE (23), Jeffrey LEGOABE (30), Thibe NGOBEKI (27), Andrew MAPHETO (20), Bennet KOMANE (46), Titus MALEKA (25), Sydney CHOMA (23), Mandlenkosi HADEBE (27), Mandla MTHETWA (22), Vusumuzi ZULU (28), and James MANGE (24).
Shortly before the accused dismissed their defence, the court heard how John Sekete had been assaulted and tortured. Defence counsel stated that five security policemen had kicked and beaten him while he was in detention at Zeerust and that he had sustained injuries to the head and other parts of the body. The former assistant district surgeon at Zeerust, Dr. Zacharias van Zyl told the court that during his examination of John Sekete on 24 November 1978, Sekete had not complained of any assault. However he admitted that he did find injuries on Sekete, including a 10 cm long wound on his left forehead. Admitting that he had not found out how the head injury had been caused, Dr. van Zyl said under cross-examination that it "was possibly consistent with an assault".
The previous day a security police major said under cross-examination that he might have been guilty of kidnapping John Sekete when he took him into custody at the border of the supposedly independent Bantustan of BophuthaTswana.
The twelve men are charged with receiving military training in Angola, East Germany and the Soviet Union, with separately entering South Africa illegally into the Cape Province, Transvaal, Natal and the BophuthaTswana Bantustan during 1978 and 1979. They are alleged to have established arms caches in different parts of Natal and the Transvaal, and to have reconnoitred certain targets for sabotage. Some of the men are alleged to have had armed clashes with South African security forces in the western Transvaal and BophuthaTswana. They are appearing in a heavily guarded court-room, in a dock covered by a specially-constructed bullet and shatter-proof glass enclosure.
After they dismissed their defence, the trial continued as witnesses gave evidence for the State, mainly in camera. The accused were brought from their cells, either singly or in pairs to hear the evidence against them. They refused their right to cross-examine witnesses and told the court they were brought into the court against their will.
On 19 September, John Sekete and Mandlenkosi Hadebe were each sentenced to six months' imprisonment for contempt of court. The judge said he was jailing them for continuing to pace up and down in the dock and for smoking, when he had twice told them to stop. On 8 October the judge dismissed an application by the two accused for leave to appeal against conviction and the sentence for contempt.
In his argument against leave to appeal the prosecutor said that it was clear "from the word go" that Sekete and Hadebe viewed the State with "absolute hostility." After the defence lawyers had withdrawn Sekete had shown "absolute contempt" for the court by refusing to stand as the judge entered, and he sat with his feet on the dock "railing at the witnesses." The prosecutor referred to the publicity which the case had attracted and pointed out that people were demonstrating in London about the trial. "The public worldwide should see that we are not going to countenance this type of behaviour".
In dismissing the appeal the judge spoke of the atmosphere in the court as "the most unpleasant experience I have had in my time". He referred to the accused singing with clenched fists and ending songs with "what sounded like war-cries".
On 16 October, a security police colonel read to the court from ANC literature about a battle which took place near Rustenburg on 1 August 1978. The colonel read out that the battle had proved the "absolute superiority" of the ANC fighters "in every department", and that 10 South African soldiers had been "wiped out" in the encounter.
The following day the trial judge said his attention had been drawn to a headline on the trial in a local newspaper which states: "ANC trooped SADF in gun battle, court told." The judge complained that this report was "more than misleading" of what the court was told, because the security police chief had said the documents were "no more than ANC propaganda."
The trial continued with witnesses giving evidence about ANC military camps in Angola. (DN 6/13/20.9.79; NW 6/7/8/12/13/14/18/19/ 20/21/22/25/26/27/28.9.79, 16/17/18/19/ 20.10.79; RDM 6/7/26.9.79, 23.10.79; S. Post 21.10.79)
On 23 October it was announced that judge-ment would be given on 12 November, after the men again refused to take part in the trial by not offering defence after the State case ended. 144 witnesses had given evidence. The State then called for the men to be convicted (NW/DN 24.10.79)
James MANGE (24) was sentenced to death by the judge at the conclusion of the trial, and the other 11 men received sentences of between 14 and 19 years' imprisonment. They were all found guilty of high treason.
The major charge against Mange was that he has reconnoitred a police station and magistrates' court complex in Whittlesea, Cape Province for a guerilla attack. He was not accused of involvement in guerilla/police clashes. Earlier the court had been told Mange showed "expect knowledge" of anti-aircraft weapons and was a highly trained guerilla.
Two days before conviction, the judge gave a particular warning to James Mange (accused number 12). This was after songs and clenched-fist salutes by the accused. The *Rand Daily Mail* reported that the men were shouting "war cries" and that James Mange was the leader who was shouting "down with capitalism, down with fascism."
The judge then reportedly said: "I warn you for the last time, particularly accused 12, who is the leader of the little sing songs." He then accused the men of trying to turn the case into a "show trial". The following day the judge convicted all 12 men of contempt of court for singing and giving clenched fist salutes when they filed into court after the tea adjournment. They were sentenced to one years' imprisonment.
At the opening of the hearing on the next (final) day, the accused held up placards against the glass of the specially constructed dock which read: "Apartheid is a crime against humanity", "Apartheid is high treason" and "Never on our knees."
The judge said that James Mange was "a thoroughly repulsive and objectionable character" before he sentenced him to death. After the sentence James Mange shouted "Amandla" and raised a clenched fist salute. (RDM 13/14.11.79; GN 16.11.79; ST/18.11.79)
