POLITICAL TRIALS
No new major security trials have commenced since the last issue of FOCUS. The long-running Oscar Mpetha trial continues into its tenth month, with no end in sight.
The two major trials involving ANC guerillas who had taken part in various acts of armed action (Tsotsobe & others, Khumalo & others), concluded in August, with the death sentence being imposed on three of the accused and heavy prison sentences on the others. There are now six ANC militants waiting in the death cells.
There have been several trials involving persons who have been charged for making copies or being in possession of ANC literature. In one case the accused was acquitted while two others are continuing (see Abba Omar, Ernest Blom, Ernest Qwesha, Jarius Mphake).
A number of important appeal cases have been taking place, with the sentence being set aside in one case four years after conviction (see Linda Mogale).
Apart from the major trials there have been a large number of minor security-related trials. Many of these have been in the Transkei and in the Ciskei - the latter involving over 200 trade unionists. In the Eastern Cape many trials resulting from the school boycotts and general unrest in the area last year continue, but in many cases the outcome of these trials are not reported in the press.
CONTINUING TRIALS
OSCA MPETHA AND 18 OTHERS
The trial of Oscar MPETHA and 18 others (named in FOCUS 33 p.2) continued in the Cape Town Supreme Court at the beginning of August, after being postponed on 12 June. All 19 have pleaded not guilty to charges under the Terrorism Act and charges of murder arising out of the deaths of two whites who died in the unrest at Crossroads in August last year.
On 6 August fighting broke out between the accused and prison guards because the accused alleged that the van used to transport them was too small. The court adjourned to inspect the van and after seeing it ruled that it was "adequate" for the short journey to the prison (CT 7.8.81).
When the court convened on 14 August an application was made by the defence for one of the accused youths to be excused from the proceedings because he was in no position, physically or mentally, to attend the trial (CT 15.8.81). On 24 August Oscar Mpetha (72) was admitted to hospital with severe diabetes. The trial continued in his absence (Star 27.8.81).
October 3 marked the fiftieth day of the trial. The trial has been characterized by much contradictory and vague evidence on the part of the state witnesses, most of whom have been youths, resulting in a large proportion of the trial being held in camera (CT 4.9.81).
Giving evidence on 15 September, a 16-year-old state witness told the court she had been assaulted by security police over a period of two days after her arrest on 26 September 1980. She admitted that when answering questions put to her she had given answers to please her interrogators, even though she had known nothing of certain events. She alleged that she had been beaten, hit, kicked and not allowed to go to the toilet (CT 16.9.81; see FOCUS 31–36).
MOHAMED OMAR
A student of journalism, Mohamed Salek OMAR (25), who tried to make photocopies of a pamphlet issued by the ANC, appeared in the Durban Regional Court on 25 September on a charge under the Internal Security Act.
He pleaded guilty to a charge of distributing the pamphlet to another person, but a plea of not guilty was recorded after he said that he did not know that what he had done was wrong or illegal. He wanted the copies only for journalistic analysis.
Omar told the court that he was handed the pamphlet in the street but did not even look at it at first, thinking that it was a religious tract. Some days later he read it and had a few copies made to take to classes to discuss its journalistic content.
He denied being a member of the ANC and having any connection with the organisation. He was remanded in custody to 9 October (RDM 26.9.81).
CONVICTIONS & ACQUITTALS
TSOTSOBE AND OTHERS
The trial of the "Sasol three" - as they have become known - ended in the Pretoria Supreme Court on 19 August when all three were found guilty of high treason and sentenced to death.
Anthony Bobby TSOTSOBE (25), Johannes SHABANGU (26) and David MOISE (25) are all members of the ANC and its armed wing, Umkhonto we Sizwe. After the sentences had been pronounced, Moise turned to the packed spectators gallery and gave a clenched-fist salute. As the judge left the courtroom the three started singing a freedom song but were roughly ushered to the cells below by policemen on guard (RDM 20.8.81).
The three were convicted the day before sentence was passed. When news reached the crowd which had gathered outside the court that they had been found guilty, a demonstration started in which people chanted and raised clenched fists. Six people were arrested (S 19.8.81; see OTHER TRIALS).
An international campaign against the death sentences of the three has been mounted. The sentences were condemned at the United Nations and by the UN Commission on Human Rights. Letters of protest were sent to the South African Prime Minister and Minister of Justice (RDM 19.8.81; CT 8.9.81).
The defence counsel of the three intends to lodge an appeal against the sentences (Cit 21.8.81).
KHUMALO AND OTHERS
Four members of the ANC, Eddie Bafana KHUMALO (30), Norman YENGENI (22), Edward MBUNDU (38) and David Linda MAMPANE (20) were found guilty of contravening the Terrorism Act by the Pretoria Regional Court on 25 August. Sentences were passed on 15 September. Mampane was sentenced to 16 years imprisonment and the others each to 10 years.
The court found that they had left South Africa to join the ANC, had undergone military training outside the country and had furthered the aims of the ANC. They were also charged with reconnoitering a fuel refinery in Cape Town and a petrol depot in Alberton. Mampane was also charged with attempting to kill a policeman, for which he was given an additional six years.
Crowds outside the court sang freedom songs and shouted slogans when the sentences became known. Police inside the courtroom broke up an emotional scene between the prisoners and relatives before they were taken down to the cells (RDM,S 16.9.81).
MASHABA AND LIBE
Judgement in the case of Thomas MASHABA (31) and Thabo LIBE (29) was given on 28 July in the Vereeniging Regional Court. Mashaba, a former police detective-sergeant in the South African Police, was jailed for five years and Libe for three years. Counsel for both men lodged notice of appeal. Mashaba was refused bail but Libe was granted R1,000 bail.
Both were found guilty of being members of the ANC and of displaying ANC posters in the Vaal area (RDM 19.7.81).
ERNEST BLOM
Ernest BLOM (26), a clerk at the Department of Education and Training in King Williams Town, was acquitted in the regional court on 19 June of being a member of the ANC and of furthering the aims of the ANC.
Blom was caught duplicating a document protesting against Bantu Education. The defence claimed that Blom had merely typed and duplicated the document for a friend, who had subsequently left the country. The document only made reference to the ANC and could not be said to be a document issued by that organisation (DD 20.6.81).
RICHARD WICKSTEED
Charges against Richard WICKSTEED (21), of contravening the Official Secrets Act, were withdrawn in the Cape Town Regional Court on 10 August. He was charged with allegedly possessing documents concerning the work of an interdepartmental committee established to counter unrest in the Western Cape. He allegedly made the documents available to two newspapers for publication but the newspapers withheld publication following a warning by the Minister of Foreign Affairs that the documents had been released without authorisation and that publication might be breaking certain laws (RDM 11.8.81).
NO APPEAL DATE
The three ANC militants condemned to death for high treason in November 1980 for their part in an attack on Soekmekaar police station, are still waiting in Pretoria Maximum Prison for a decision from the Appeal Court.
They are Ncimbithi LUBISI (28), Petrus Tsepo MASHIGO (20) and Naphtali MANANA (24). The appeal date has not been set and the attorney representing the three has had no notification from the Appeal Court (V 22.7.81; FOCUS 33 p.12).
