The trial of Bhekithiza Oliver NQUBELANI (26) accused under the Terrorism Act of placing a 2 kg bomb in the Cape Town Supreme Court building in May 1979 was resumed in the same court at the beginning of March. Alleged to be a trained ANC guerilla, Nqubelani pleaded guilty to three charges, covering the planting of the bomb on 15 May; the possession of TNT explosive, a pistol and ammunition in his hostel room; and having done military training with the ANC in Angola and Botswana. He denied a fourth charge, that of inciting prisoners in Pollsmoor Prison by writing a letter urging others to leave the country.
On 10 March Nqubelani was convicted and sentenced to a total of 20 years in prison. This comprised 12 years on the first charge, eight years on each of the second and third charges (half to run concurrently) and five years on the fourth charge (also concurrent). Passing sentence the judge said it was clear that Nqubelani was moved by idealism and had become involved with the ANC owing to political frustration.
In an agreed summary of facts Nqubelani stated that he was born near Stellenbosch and educated in the Cape and the Transkei. He enrolled as a student at Fort Hare but left South Africa in 1978, going first to Botswana as a refugee and then joining the ANC. He underwent military training in Angola and then returned to Botswana from where he entered South Africa again in June 1978, settling in a Cape Town hostel. In April 1979 he returned to Botswana where he collected explosives and then went back to Cape Town, where he reconnoitred the Supreme Court building and on 15 May placed a bomb in a toilet. The bomb was discovered, only the ignition device exploding, and Nqubelani's fingerprints found; he was arrested on 16 May, the other weapons being found in his room.
While in Pollsmoor, Nqubelani wrote to other prisoners urging them to leave the country and join the ANC, saying; "ANC people will take you for training and you can come back and fight if you want to..." He gave detailed instructions of how to contact the ANC in Lesotho. Nqubelani admitted writing the letter but denied that it was an offence.
As he was pleading guilty, the state did not have to prove its case against Nqubelani with independent evidence but an unidentified witness, who was alleged to have met Nqubelani in Angola, was called. Mr X claimed to be a trained ANC guerilla who surrendered to the police on his return to South Africa in 1979 with an armed group, whom he revealed to the SAP near Zeerust. A shoot-out followed during which one guerilla was killed and the rest escaped. This information was not connected with Nqubelani.
The state asked the court not to accept Nqubelani's guilty pleas as the prosecution was calling for the death sentence. In mitigation Nqubelani's lawyer said his client, in not disputing the charges, was saying he was sorry for what he had done and wished to make a constructive contribution to society. Though still committed to change he no longer agreed with dangerous and unlawful means.
Chief Jeremiah MOSHESH of the Transkei, accused under the Transkei Public Security Act, was in January convicted and sentenced to 12 months' imprisonment, suspended for three years. According to the press, the offence was a speech in which Moshesh said that innocent people were being detained and that the Transkei government was dishonest, which was why he had resigned.
On 13 March two of the four men on trial under the Terrorism Act in Hermanus Regional Court were convicted on the alternate charge of arson. They are Frederick PHILLIPS (27) and Roger SCHROEDER (25) both of Worcester, who were jailed for three years for setting fire to a church hall in April 1978. Together with James ISSEL (45) and Clarence JOHNSON (24) they were acquitted of Terrorism Act charges.
Phillips and Schroeder admitted setting fire to the hall where a meeting was due to be addressed by members of the Coloured Representative Council. Damage of R500 had been done but the meeting had taken place. Prior to their arrest both men worked for a Worcester company, Phillips as a bus driver and Schroeder as a draftsman.
Both Frederick PHILLIPS and Roger SCHROEDER face other charges under the Internal Security Act. Together with A. STEYN they appeared on 15 January in Worcester Magistrates Court in connection with slogans painted on Worcester buses. A fourth man, H.F. WILLEMSE, appeared separately in the same court charged under the Internal Security Act with painting slogans in Worcester streets.
The long trial of Post reporter Thami MKHWANAZI and eight young men from Pretoria ended in March when judgement was given in Pretoria Regional Court. All were found guilty. Mkhwanazi was sentenced to seven years in jail. The others, whose sentences have not yet been reported in detail are:- J.K. MAJATLADI (23) R.E. MAMOEPA (18) L.C. MOKONE (18) P.K. SENABE (22) A.M. PHALA (18) D.S. MATHE (22) C.M. LEEUW (18) and an unnamed 16-year-old youth.
The state alleged that the accused conspired to recruit people for military training, and evidence was given of telephone conversations to the Post offices which had been monitored by the police. The defence claimed that the meetings between the accused were part of a protest campaign against detention without trial. A photograph taken of some youths was said by the police to be intended for publication as a journalistic scoop by Mkhwanazi after they had successfully left South Africa.
