The trial of Oscar MPETHA and 17 others opened on 3 March in the Cape Town Supreme Court. There were demonstrations on several days in support of those on trial in spite of the presence of a large number of riot police. On one occasion the police attacked demonstrators with batons and dogs. Seven people were arrested and charged under the Riotous Assemblies Act.
Mpetha and the 17, whose names were listed in FOCUS 33 p.2, are charged with participating in terroristic activities and with the murder of two men who died in the unrest at the Crossroads squatter camp in August last year.
On the second day of the trial the 18 were joined by a nineteenth accused, a 17-year-old youth who may not be named. The youth claimed that he had been assaulted. His throat was sore after he had been choked and he had a mark near his left eye.
The State requested a postponement on the second day when asked by the defence advocate of the 18 for details concerning what alleged acts each accused had personally committed and which of the accused had been present when the two men were killed.
When the trial resumed on the third day the Counsel for the State asked to hold the trial in camera, on the grounds that six of the accused were juveniles. The Counsel for the Defence replied that the juveniles had been questioned on this matter and all wanted the case to be heard in open court. Their guardians had agreed. State witnesses would also be wary of telling lies if there were people in the public gallery who knew something of what was being spoken about.
The Defence again claimed that insufficient particulars had been supplied by the State to enable it to prepare the individual defence of each of the accused.
The hearing was adjourned for a week till 19 March when judgement is to be given on the various applications made. The accused have not yet been asked to plead.
A large crowd of people marched through the centre of Cape Town when the trial opened. A contingent of riot police kept watch as the crowd streamed out of the packed courtroom and proceeded down the main street of Cape Town singing Nkosi Sikelel' iAfrika, chanting for the release of Mpetha and Neison Mandela and shouting other slogans.
On the second day of the trial an even larger crowd gathered at the court. A large group of uniformed police marshalled the crowd and barred the doors of the court after the public gallery in the courtroom was full. When Mpetha led the accused into the dock they were greeted with clenched-fist salutes by the spectators.
There was a large crowd outside the court building for most of the day and on one occasion people attempted to storm the main door of the court. When the court adjourned those who had been inside joined the crowd outside and started singing Nkosi Sikelel' iAfrika and giving clenched fist salutes. A number of banners were produced as the crowd began to march down the street. Some read "Botha is a terrorist" and "Release our leaders Mpetha and Mandela and our fellow brothers."
When the crowd turned about and started chanting "Botha is a terrorist" they were charged by baton-wielding riot-police and three policemen with dogs. Seven people were arrested and later charged with attending an unlawful gathering. The crowd re-formed and marched to the Cape Town station where they stormed one of the ticket barriers.
On the third day of the trial on 11 March a massive security operation was mounted outside the court to prevent a recurrence of the previous events. Riot police lined the streets outside the court shortly before the trial adjourned and police vans patrolled the area. There were no more arrests.
Three members of the Committee of Ten and a Soweto school principal appeared in the Johannesburg Regional Court on 19 March charged with convening an illegal meeting.
They are: Dr Ntatho MOTLANA (55), (Chairman of the Committee of Ten); Tom MANTHATA (38), (secretary); Leonard MOSALA (51) and Sidney MOTINGOA (32) (school principal). They are alleged to have convened or addressed a meeting on 24 August 1980, when all gatherings of a political nature of more than 10 people were banned.
Dr Motlana, Mr Motingoa and Mr Mosala pleaded not guilty. They also pleaded not guilty to an alternative charge of attending the alleged illegal gathering.
The fourth accused, Tom Manthata, will be tried separately. The magistrate granted his application to have his trial postponed as he had had no time to consult his lawyer. His defence lawyer said his summons had been delivered to the wrong address.
A request by the defence lawyer to have the trial of the other three postponed was refused by the magistrate. However the prosecutor subsequently asked for the postponement to 11 May after conceding that the 14-day period for the serving of a summons had not expired. He also asked that Tom Manthata be tried with the other three.
Two men, Raphael Mzikayifani KHUMALO (24) and Raymond Veli DLUDLU (29), appeared in the Ermelo Magistrate's Court on 10 February on charges under the Terrorism Act.
The two pleaded not guilty to the charges of having received military training outside South Africa, being in possession of firearms and explosives and of conveying guerillas between Swaziland and South Africa. Dludlu faces an alternative charge of furthering the aims of the ANC.
A State witness whom the court ruled may not be named, refused to give evidence in the trial. The witness said he would decide whether he would give evidence only after he had consulted his legal adviser. The witness was remanded in custody until the hearing proceeded on 23 March.
A Kwazakele man, Wordsworth MHLANA (25), appeared in the Port Elizabeth Supreme Court on 9 March and pleaded not guilty to charges under the Terrorism and Internal Security Acts.
The State alleged that he had received military training outside South Africa and that he was an active member or an official of the ANC.
Mhlana said in court that after his arrest in September last year he was taken to security police headquarters in Klerksdorp, given no food and beaten with a hosepipe and forced to smoke a long cigarette until he became sick. Later he was told to get undressed. A broom was tied between his knees and through his arms, a knotted rag was forced into his mouth and a wet canvas bag was tied over his head. He was then asked to identify someone. Security police then threatened to place him in leg irons and drown him.
On another occasion he was forced to crawl with a firearm and undergo exercises for half a day and an entire night. If he stopped to rest he was hit with a hosepipe. When he asked to be allowed to relieve himself permission was refused and he was also given nothing to eat.
