APPEALS
RENFREW CHRISTIE
Judgement was reserved in the Bloemfontein Appeal Court on 17 September on the appeal of Renfrew Leslie CHRISTIE (31) against his conviction on five charges under the Terrorism Act.
Christie was sentenced on 6 June 1980 to 10 years imprisonment. He was found guilty of conspiring with the ANC to collect and pass on information on South Africa's nuclear programme and its energy situation in general (see FOCUS 29 p.10).
The appeal maintained that the most cogent evidence adduced by the State against Christie was his statement which he made while under detention at John Vorster Square (security police headquarters), Johannesburg, on 26 October 1979.
The appeal submitted that the trial court erred in admitting this statement because it was made under duress. The trial judge ruled that the onus for proving that the statement was not made freely and voluntarily, rested on Christie. This, according to the appeal, was wrong in law and a gross irregularity.
It was alleged at the trial that he had sent "secret" documents to England and that this constituted a "conspiracy". The appeal submitted that the documents he had sent were freely available, even if Christie had wrongfully removed them from the Escom library. In addition, no evidence was brought before the court which proved that he had intended to convey the information to the ANC.
The appeal court conceded that the trial court had erred in placing the onus on Christie to prove his confession was made under pressure. On the other charges it had to be ascertained whether an improper duplication of convictions had occurred (RDM 18.9.81).
CAIPHUS MASHILO AND YOUTH
The appeals of Caiphus MASHILO (19) and a 17-year-old youth were due to be heard on 19 and 20 October.
Mashilo was convicted on 13 February 1981 of attempting to leave South Africa illegally to undergo military training and of inciting others to do likewise. He was sentenced to five years on both charges.
The youth was convicted of attempting to leave the country to undergo military training and was also sentenced to five years.
A Mamelodi medical practitioner who was their co-accused, Fabian Defu Ribeiro, was found not guilty and discharged (S 26.8.81; see FOCUS 34 p.5).
PHALA AND OTHERS
The appeal against the sentences of five men convicted under the Terrorism Act in 1977 was heard in the Bloemfontein Appeal Court on 31 August. Judgement was reserved.
The five are Makwidi John PHALA (30 year sentence), John Mafele THABO (20 year sentence), Philip KHOZA (15 year sentence), Leslie Ben MASHININI and Vincent NKOSI (both 12 years).
They were found to have been involved in various acts associated with an explosion at Khoza's house in Soweto, and with the placing of a bomb under a railway bridge on the Johannesburg-Vereeniging line in 1977 (RDM 1.9.81; see FOCUS 14 p.6).
BERGER AND PILLAY
Guy BERGER (24), a lecturer in journalism at Rhodes University, and Devandiren PILLAY (21), a student in journalism at the university, have appealed against the sentences imposed on them in the Port Elizabeth Regional Court on 18 March this year.
They were convicted of being members of the ANC, of furthering its aims and on two charges each under the Publications Act. Berger was sentenced to four years imprisonment and Pilloy to two years. The appeal has been lodged against sentence and not against conviction. No date has been set for the hearing (CT 25.5.81).
LINDA MOGALE
The appeal of Linda Mario MOGALE against his conviction on 13 charges was heard in the Bloemfontein Appeal Court during May and on 2 June the convictions and sentences were set aside.
Mogale was chairman of the Soweto Students' Representative Council (SSRC) at the time it was declared unlawful on 19 October 1977. The charges were related to certain acts of arson and conspiracy with other members of the Soweto Students' League (SSL) - which was formed after the banning of the SSRC. Mogale was sentenced to seven years imprisonment (Star 3.6.81).
MOLUSI AND OTHERS
Stanley MOLUSI, Hendrick MOLEFE, David MOKGOSI and a youth have been refused leave to appeal against their convictions and sentences by the Appeal Court.
The four were sentenced in the Krugersdorp Magistrates' Court on 15 February 1979. The three named received sentences of nine years imprisonment and the youth five years. The charge against them arose out of the petrol bombing of several houses in Kagiso Township, Krugersdorp, on 28 February 1978 (Cit 21.7.81).
OTHER TRIALS
TRADE UNIONISTS
- The 205 trade unionists detained by the Ciskeian authorities on 6 September in the biggest swoop on South African unionists ever, were all released on 16 September on R50 bail after appearing in the Mdantsane Court.
The release of the unionists on bail follows sustained protest from local and international unions. The Australian TUC called a week-long refusal to handle exports to and imports from South Africa.
In addition SAAWU brought a court action against the Ciskeian authorities for the detainees' release (RDM 17.9.81; see NEW DETENSIONS).
- An official of the South African Allied Workers Union (SAAWU), Eric MNTONGA, leader of the workers dismissed after a strike at Wilson Rowntree, was acquitted with another member on 16 September on charges of arson and damage to property. Mntonga and other Wilson Rowntree workers were detained by Ciskeian authorities for several weeks earlier this year. The others were due to appear in court in October (RDM 17.9.81; see FOCUS 35 p.3).
MEETINGS AND PROTESTS DEMONSTRATIONS
- Six people were arrested in the treason trial demonstrations outside the Pretoria Supreme Court on 18 August (see POLITICAL TRIALS - CONVICTIONS & ACQUITTALS: TSOTSOBE and OTHERS).
They appeared in the Pretoria Magistrates Court on 20 August and asked to plead on charges of resisting arrest and hindering the police. They were released on R100 bail and were to appear again on 17 September (S 21.8.81).
- Two journalists, Mzikayise EDOM of the Sowetan, Gilroy DLUKULA of the Star and eight others appeared in the Boksburg Regional Court on 16 September, on charges of public violence.
Their appearance was a sequel to disturbances at the funeral of a student who was gunned down by the police at the funeral of another youth who was also shot by the police. The case was postponed to 2 October (S 17.9.81).
- Ten people charged with public violence after a demonstration in protest at proposed rent increases in Kagiso in August, were acquitted in the Krugersdorp Regional Court on 16 September. They were acquitted because there was doubt in the evidence submitted by the two policemen who arrested them (S 17.9.81).
Three executive members of the Krugersdorp Residents' Organisation arrested at another protest at Kagiso were to appear in court on 21 August on charges under the Riotous Assemblies Act (S 1.8.81).
- Seven members of the Congress of South African Students appeared briefly in the Vanderbijlpark Regional Court on 13 August. All pleaded not guilty to a charge of public violence. They were remanded in custody until October when they were due to appear again (S 14.8.81).
DR. MOTLANA AND TWO OTHERS
Dr Nthato MOTLANA (55), Leonard MOSALA (51) and Tom MANTHATA (38), all members of the Soweto Committee of Ten, were acquitted in the Johannesburg Regional Court on 21 September on charges of addressing or attending an illegal meeting at a church in Soweto last year. The state failed to prove that the meeting was of a political nature. The meeting was held to oppose bus fare and house rental increases (Star 26.9.81; see FOCUS 35 p.6).
SCHOOL BOYCOTT OF 1980
- Several public violence trials have taken place at the Mdantsane Regional Court. Amongst those charged have been many youths, several as young as 14 years old.
In one trial two youths were acquitted on charges of possessing petrol bombs because the magistrate ruled their statements inadmissible. The youths claimed they had not been made freely and voluntarily (DD 8.8.81).
In another case six men and three youths were found not guilty of public violence when they appeared on 31 July.
Their appearance arose out of an incident in which a cinema was stoned and cars damaged. The magistrate found that all the state witnesses discredited or contradicted themselves (DD 1.8.81).
- In the East London Regional Court two sabotage trials took place in July and August following unrest in Queenstown township last year.
In one of the trials, a Queenstown scholar was sentenced to a year's imprisonment for refusing to testify during the trial of 11 others. Both trials are continuing (DD 15.8.81).
- In the Durban Regional Court three Indian scholars were sentenced on 31 August to five years imprisonment suspended on condition they do community work.
They were found guilty of causing R200,000 damage when they set fire to a school (S 1.9.81).
