The appeal against the death sentence by James Mange, convicted of high treason in November 1979 was heard by Bloemfontein Appeal Court in August. Judgement was given on 11 September when sentence was reduced to 20 years' imprisonment.
In the appeal Mange's lawyer Sydney Kentridge submitted that of the 12 persons convicted of high treason Mange was the only one sentenced to death; the disparity in sentences was unwarranted; and the death sentence was excessive. Mange was convicted of no act involving arms, violence or sabotage, Kentridge argued, and whatever the possible consequences of his planned attack on the police station and court at Whittlesea, he should not be executed.
It was submitted that the judge had mistaken Mange's importance in the ANC conspiracy alleged in the indictment, because of the atmosphere of the trial and Mange's part in rejecting the jurisdiction of the Court. 'Though Mange may have loomed large (in court)', said Kentridge, 'he was a minor figure in the overall conspiracy ... The judge's feelings of particular distaste for him could hardly have been based on anything except Mange's contemptuous conduct in court'. In sentencing Mange, the judge in Pietermaritzburg Supreme Court called Mange 'a thoroughly repulsive and objectionable character'; earlier he had warned him, as apparent leader of the men in the dock who were singing and shouting slogans.
It was also submitted that certain findings of the court were incorrect, particularly those based on the evidence of an unnamed 'third accomplice' which were otherwise uncorroborated, and on these grounds the sentence should be set aside.
For the state, it was argued that the death penalty could be imposed without waiting for people to be killed; Mange's contemplated attack made it reasonable for the judge to impose such a sentence. Moreover the evidence of the 'third accomplice' had not been challenged by any of the accused. The accused did not take part in the trial and were not legally represented.
In giving judgement the Appeal Court (Justices Rumpff, Kotze and Trengrove) stated that the trial judge had not misdirected himself, but Mange's sentence was unreasonable because lesser sentences were imposed on the other accused. Had all the others been sentenced to death it might have been the correct sentence.
A world-wide campaign to save James Mange's life had been mounted by the ANC in co-operation with anti-apartheid organisations.
