With the widespread demonstrations and strikes that have occurred this year, there have been many trials of people on charges of Riotous Assembly and Public Violence. Some have been previously reported in Focus, and some recent cases are reported below. But there are also others, about which there is not yet enough information in the press to be reported here.
REV. THORNE AND OTHERS Eight people were found guilty in the Kruger-dorp Magistrates Court on 13 August under the Riotous Assemblies Act. They were sentenced to four months imprisonment suspended for five years.
There were: Rev. John THORNE (rector of Bosmont Congregational Church), Rev. Cecil BEGBIE (rector of Coronationville Methodist Church), Rev. Louis ILETT (rector of Riverlea Anglican Church), Rev. Martin OCTOBER (rector of Bosmont Moravian Church), Hanif VALLY (a University of the Witwatersrand law student), Thomas MARSH (head student of the Rand Teachers' Training College), David JOHNSON (a University of the Witwatersrand social work student) and Vesta SMITH (a secretary at the Legal Resources Centre, Johannesburg). They were charged with addressing a gathering of 5,000 students in Bosmont, Johannesburg on 22 April, and thereby contravening the ban on outdoor gatherings in force since 1976, and renewed in March this year.
In their defence the priests said that they regarded the gathering as a religious one and were not aware that it was a violation of the Act. One of the accused said she knew of the ban, but said 'It didn't dawn on my mind that the gathering could have been unlawful'. She said she had been trying to talk the students out of having a demonstration. 'I live in Soweto', she said and I saw what happened on 16 June, 1976. I only wanted to warn the students against this'.
A video film, taken by the police, was shown to the court. The defence said it showed that the accused had contributed to keeping the gathering peaceful.
UNION ORGANISER AND STRIKERS Trials of people on charges of Riotous Assembly or of illegally striking include the following: * Thozamile GQWETA, national organiser of the South African Allied Workers Union, who was detained on 20 April and held for 40 days under the Ciskei Emergency regulations following a strike in Mdantsane appeared in court in Mdantsane on 30 May on a charge under the Riotous Assemblies Act. The case was postponed until 19 June, and then again to 11 August. * Two men, Don MAVUME (35) and Gideon MHLANGANISO (45), both of Mdantsane had charges of illegal striking against them withdrawn in the East London Regional Court. The charge sheet did not disclose details. * 55 workers were convicted in the Boksburg Magistrates Court on 8 August on charges of striking illegally. They were all sentenced to 60 days imprisonment or R60 fine. In addition, all were sentenced to six months imprisonment suspended for five years. All 55 elected to pay the fine and it is expected they will be 'entdorsed out' of the Witwatersrand area and sent to the bantustans.
The charges arose out of a strike at a Boksburg factory, Rely Precision Castings, sparked by the dismissal of a fellow worker. The defence argued they were not striking, but had believed they were dismissed after attempting to seek an explanation for their colleague's dismissal. The prosecution argued they had gone on strike in support of a demand and had, therefore, broken the law. * Four workers, three members of the workers committee and a union shop steward at Ray-Lite Batteries in East London, appeared in court in August. It was alleged they had intimidated workers. * Two representatives of workers at the Frame Group textile mills, Jabulani GWALA and Mpingosi NZAMA, were acquitted in the Pinetown Magistrates Court of charges of inciting a strike. The charges arose out of a week long strike earlier this year. The presiding magistrate said he found the State's evidence unreliable. A third member of the workers liaison committee, Samson CELE, who had been charged with the other two, was shot dead by a masked gunman the day before he was due to appear in court.
APPEALS TWO JUVENILES In September the Appeal Court in Bloemfontein upheld the appeal of two boys sent to Robben Island in 1978 after being convicted of sabotage.
The boys were aged 15 and 14 at the time of the trial and were each sentenced to five years' imprisonment, together with two other juveniles. The trial took place in a temporary magistrates court at Algoa Park, Port Elizabeth on 4-6 April, 1978. The boys were accused of having set fire to the house in New Brighton township designated as the Ciskei 'embassy' on 22 February 1978. All four were sent to Robben Island as political offenders, despite their age.
The Appeal Court reversed both conviction and sentence in the case of the appellants on the grounds that their lawyer had been irregularly prevented from entering not guilty pleas on their behalf, and irregular questioning had followed leading to prejudicial admissions by the accused. Earlier, the Eastern Cape Supreme Court had upheld the convictions on the grounds that the evidence of a co-accused implicated them. The other two accused (Nos. 1 and 3 in the indictment) were not legally represented at the original trial and there is no report of their appeal.
This case is one of those described by lawyer John Jackson in his book Justice in South Africa (1980), in which he demonstrates that all four accused were younger and smaller than the youths seen setting fire to the New Brighton house; that all four were beaten by Sgt. Nel and Maj. de Jongh of the Port Elizabeth police; that their thumbprints were affixed to confessions written by the police; that they pleaded guilty on Sgt. Nel's instructions; and that they understood little of the legal proceedings which took place in court. Under questioning by the magistrate the accused first admitted and then denied taking part in the arson attacks. It was shown in court that none was fully literate, having at most completed two years at school. Jackson was denied the right of entering a plea on his clients' behalf — the basis of the successful appeal.
According to Jackson, his clients were named Thozamile Mpungoshe and Mamli Masikane, accused Nos. 2 and 4 in the trial, and these are presumably those freed by the appeal. Accused No. 1 is named as Samson Madushane aged 14; the fourth name was not given.
V. L. MBATHA The appeal of Vusumuzi Lucas MBATHA, sentenced to five years' imprisonment under the Terrorism Act in June 1978 was dismissed by the Appeal Court in Bloemfontein on 18 September.
A teacher in Natal before his arrest, Mbatha was convicted of encouraging others to go for military training. The Appeal Court rejected the submission that evidence against him contained marked discrepancies.
ZWELAKHE SISULU In May the Pretoria Supreme Court set aside a nine-month sentence on journalist Zwelakhe SISULU imposed for refusing to answer questions in the trial of Mkhwanazi and others under the Terrorism Act. The sentence was imposed in August 1979. Mr. Sisulu is the son of ANC leader Walter Sisulu, serving a life sentence on Robben Island.
MKHWANAZI AND OTHERS The appeal of nine men convicted under the Terrorism Act in March 1980 was heard in Pretoria Supreme Court in September. Jeremiah MAJATLADI (23) sentenced to 7 years; Thamsanga MKHWANAZI (38) 7 years; Ronald MAMOEPA (19) 5 years; Lebugang MOKONE (18) 5 years; Petrus SENABE (22) 5 years; Andrew PHALA (18) 5 years; Deacon MATHE (22) 5 years; Cornelius LEEUW (18); and a 17-year-old sentenced to 5 years, are all appealing against their convictions for recruiting or being recruited for military training. Judgement was reserved.
CHIEF DALINDYEBO The appeal by Chief Sabata DALINDYEBO, convicted under the Transkei Public Security Act in April 1980, was dismissed by the Transkei Supreme Court at a later date, on the grounds that there were no prospects that the judgement would be reversed. Chief Dalindyebo was fined R500 for impugning the dignity of the Transkei President Chief K.D. Matanzima.
The appeal was then forwarded to the Appellate Division which granted leave to appeal. But by that time Dalindyebo had apparently left the Transkei after having been deposed as leader of the Tembus, removed from the Transkei Legislative Assembly and deprived of his official allowance as Paramount Chief, following his conviction.
This took place in August, when the Transkei government rejected a recommendation from the Dalindyebo regional authority that Chief Sabata be suspended for two years; the Prime Minister George Matanzima said that Chief Sabata's attitude amounted to a treasonable act and he was therefore being deposed. With an appeal pending, Sabata is technically innocent of the charge, however, and his demotion is regarded by legal experts as improper.
Chief Sabata is reported to have left the country, probably for Swaziland. At the same time as he was deposed, Transkei police raided his home, arresting a Swazi guest there, and those of two of his supporters including Ms. F. Mancotywa, herself on trial.
