Over the past few months the number of political trials coming to court in South Africa has been lower than at any time since 1976. This is explained partly by the mid-year recess in the courts and partly by the fact that many cases have been postponed and remanded. A number of important trials, such as that of the nine guerillas charged with treason (see below) are expected to take place in the near future.
The nine ANC men charged with treason, attempted murder and terrorism reappeared in Pretoria Supreme Court on 2 June, when the case was postponed to 4 August.
The nine are Ncimbithi Johnson LUBISI (28) Petrus Tsepo MASHIGA (20) Naphthali MANANA (24) Ikan Yeng Moses MOLEBATSI (27) Hlolile Benjamin TAU (24) Phumulani Grant SHEZI (24) Jeremiah RADEBE (26) Boyce Johannes MOGALE (26) and Thomas MNGADI (29).
The charges are as follows: conspiracy to further the aims of the ANC and endanger state security; and conspiracy with Fanie Mafoko, Oupa Jaolde (a.k.a. Matue) and Khulu Mkize - who were killed in the Volkskas Bank, Silverton; murder and attempted murder as a result of the deaths of two women in the Silverton operation; and undergoing military training outside South Africa.
Benjamin Tau is alleged to have planned the Silverton operation; Tau and Molebatsi to have conspired with the three dead men to attack petrol storage and police stations in the Pretoria area; Lubisi and Manana to have directed various guerilla operations from a base in the northern Transvaal; Lubisi to have conspired with others to attack the Soekmekaar police station in January; Lubisi, Mashigo and Manana to have attempted to murder persons at Soekmekaar; Shezi and Radebe to have conspired to attack a Port Natal Administration building; Shezi to have recruited two men to go for military training. In the charge sheet a guerilla base near Ga-Rankuwa is also mentioned.
The two students charged under the Terrorism Act with promoting the aims of the ANC reappeared in Pietersburg Magistrates Court on 24 June when the case was postponed to 25 August.
Ephraim MOGALE (23), president of the Congress of South African Students (COSAS), and Thabo MAKUNYANE, student at the University of the North, are alleged to have produced and distributed pamphlets, to have formed youth clubs to promote unrest between 1977 and 1979 and to have recruited members for the ANC. They were detained in November 1979 together with 12 other COSAS members. Ephraim Mogale was taken to hospital in December 1979 with injuries allegedly sustained 'while trying to escape'.
The two have not yet been asked to plead and press reporters were barred from the court when they appeared.
The trial of three young people under the Terrorism Act opened in Kempton Park Regional Court on 16 June.
Thandi MODISE (20) is charged with being a trained ANC guerilla who returned to the country with intent to commit sabotage and damage property; Moses NKOSI (24) and Aaron MOGALE (21) are charged with aiding Modise after her return.
Two witnesses told the court of the group of students who left South Africa with Modise in November 1976. Mogale's father gave evidence relating to a gun the three accused were said to have hidden in the backyard of his Soweto home. The prosecution case is that Modise brought arms and ammunition into the country in preparation for guerilla attacks on government offices and police stations.
Thandi Modise told the court that after she was detained in October 1979 she was interrogated and assaulted by a police team under Maj. Cronwright at John Vorster Square police HQ. Pregnant at the time of her arrest, Modise gave birth to a daughter in police custody. She told the court that as a result of her interrogation she had contemplated suicide and that she felt so grateful to the one police officer who showed her kindness that she named her daughter after him. Defence lawyers submitted that the 'confession' Thandi is alleged to have made was not made voluntarily.
The trial was remanded to 13 August.
The defence case in the long trial of Bingo Mbonjeni BENTLEY and Archibald Monti MZINYATHI opened on 7 July in Johannesburg Regional Court, when Mzinyathi told the court of having been forced by police to copy sketches of a 'carbide bomb' while in detention. The sketches were then produced as evidence to the court.
Jimmy CHAUKE (19) was found guilty on 29 July in the Pretoria Regional Court on a charge under the Terrorism Act concerning the distribution of banned literature. He was sentenced to 18 months in prison of which nine months were suspended for five years.
Chauke was found not guilty on two other charges under the Terrorism Act, one of recruiting people for terrorist training and the other of making himself available for such training. He had made copies of a banned book ANC Speaks, which he had been given by a teacher and had shown the copies to others.
13 students at the University of Cape Town who allegedly distributed the Freedom Charter and pamphlets calling for Nelson Mandela's release, appeared in the Cape Town Regional Court on 2 July. They had been on bail since April. They were charged with distributing pamphlets declared undesirable in terms of the Publications Act.
Policemen from South African Railways, the Security Police and the uniformed branch told the court that on 28 March the students gave the Freedom Charter, and a pamphlet calling for the release of Nelson Mandela, to commuters. One constable described how he found students handing out copies of the Freedom Charter, which was adopted by the Congress of the People in 1955 and then adopted by the African National Congress as its programme for changing South African society.
The students all pleaded not guilty to distributing an undesirable publication. They were acquitted on 28 July.
Two men pleaded guilty to assisting banned person Thozamile Botha to leave the country and were sentenced to six months' imprisonment in Port Elizabeth on 21 May.
Pakamisa MENTE (31) and Nikelo NTLAKI (26) were charged under the Riotous Assemblies Act and the Suppression of Communism Act, according to a press report. They were not legally represented in court.
The case against Patrick DALINDYEBO (Chief Sabata's 21-year-old son) Nicholas BOYCE (24) Tembekile MAGINGXA (21) and Zoyisile NELANI (46) opened on 10 April and was remanded to 19 May. Two of the accused, Magingxa and Nelani, were reported to be undergoing hospital treatment.
The case against Florence MANCOTYWA, publicity secretary with the Transkei Democratic Progressive Party was on 3 April postponed to 23 May, and she was released on bail.
A total of 125 men and a 17-year old youth appeared in a special Magistrate's Court at Cambridge police station in East London on 11 July on charges under the Riotous Assemblies Act.
They were arrested near a factory and were charged with attending a gathering of more than ten people. All meetings "of a political nature" of more than 10 people have been banned.
All the men are believed to be employees of National Converter Industries who were refused entry to the company's premises following a dispute over the operation of a trade union committee. They were remanded to appear in court on 16 July.
The Port Elizabeth Regional Court decided on 16 June to move the trial of 18 Ford workers to Humansdorp. The men face charges under the Riotous Assemblies Act and were arrested after a meeting of Ford workers on strike in December.
The defence said they would ask the Supreme Court to review the magistrate's decision. The prosecution applied for the move on the grounds that big crowds might attend the hearings and that "in the present climate of unrest" this might disturb the functions of the court.
