Despite increasing opposition to the South African regime both in terms of armed activity and popular resistance, no new major security trials have started since September 1981. However it is expected that charges may soon be brought against a number of people being held under security laws (see DURBAN under DETENTIONS).
The only major trial which continues is the Oscar Mpetha Terrorism and murder trial, which opened in March 1981 and is expected to end only in 1983.
There were a number of successful appeals in the second half of 1981, some of which have shown up the flimsy evidence on which people had been convicted in political trials and the harshness of the sentences.
Trade unionists and workers continue to be the chief victims of state repression, with several hundred appearing in courts during the past two months. Some minor trials arising out of the school boycotts in the latter half of 1980 have only recently been completed. The lengthy nature of many of these trials was due to poor state evidence against the people charged. Many have been acquitted because of contradictory or inadequate evidence.
CONTINUING TRIALS BEN GREYLING A final year B.A. student at the University of the Witwatersrand, Benjamin David GREYLING (20), who is being held in connection with three allegations involving the Official Secrets Act, was refused bail when he appeared in the Johannesburg Regional Court on 6 November.
The State alleges that Greyling instigated or ordered Gerhardus van der Werff (see CONVICTIONS & ACQUITTALS), a member of the South African Permanent Force, to obtain 'highly sensitive' documents and to make sketches of the Military Psychological Institute at Verwoerdburg.
Greyling has been held in detention since his arrest on 30 July 1981 (see FOCUS 37 p.3).
A member of the Security Police testified that Greyling was to be charged with contravening the Internal Security Act and that another charge against him was being investigated. He was opposed to the granting of bail because he feared that if given the opportunity Greyling would leave the country and seek political asylum (S 6.11.81; RDM 7.11.81).
OSCAR MPETHA and 18 OTHERS Since the last issue of FOCUS little progress has been made in the marathon Terrorism and murder trial of Oscar MPETHA (72) and 18 others.
The trial started on 3 March 1981 and may draw to a close only in 1983.
A spokesman for the Attorney-General said at the end of October that the State expected to close its case in May or June 1982. Counsel for the Defence would then have to conduct the defences of each of the 19 accused in- dividually and this could take till the end of the year. This would mean that judgement might only start during the 1983 sessions (RDM 17.10.81; CT 21.10.81; CT, RDM, 24.10.81; FOCUS 31-37).
MANTEWU and BUYANA Two clerks of the South African Broadcasting Corporation (SABC), Zinyusile MANTEWU (24) and Mlulami BUYANA (28), appeared in the King Williams Town Regional Court on 8 October and charged with being office bearers or members of the ANC, participating in its activities and possessing a banned publication.
Both pleaded not guilty to the charges, which arose out of the alleged photostatting of a banned pamphlet called "Mandela Says" (DD 9.10.81; Voice 18.10.81).
CONVICTIONS & ACQUITTALS THAPELA SEOKA A prisoner at the Barberton prison, Klaas Thapela SEOKA (28) was sentenced in the Krugersdorp Regional Court to an effective five years imprisonment in October for inciting fellow prisoners to leave the country to receive military training and with trying to leave the country himself to undergo military training (Star 26.10.81).
GERHARDUS VAN DER WERFF A member of the health services of the South African Defence Force, Gerhardus VAN DER WERFF (20), was convicted in the Johannesburg Regional Court on 29 October of four charges of contravening the Official Secrets Act. He was sentenced the next day to 48 months jail with 40 months suspended for five years, plus a fine of R400 or 100 days jail. Van der Werff had pleaded guilty to the charges.
The offences were alleged to have been committed during 1980 at the Military Psychological Institute at Verwoerdburg. He is alleged to have passed on 'sensitive' documents and sketches of the Institute to Benjamin Greyling (See CONTINUING TRIALS), who had con- tact with a banned organisation in Swaziland (RDM 30.10.81; RDM 31.10.81; Star 6.11.81). 6.11.81).
PRINCE NDABANA Prince NDABANA (41) was sentenced to two years imprisonment after being convicted of being a member of a banned organisation by possessing ANC literature. Eighteen months of his sentence were suspended for two years. He was also fined R50 or three months for possessing 14 rounds of .35 ammunition without a licence (S 16.11.81).
APPEALS RENFREW CHRISTIE On 6 November 1981, the Appeal Court in Bloemfontein upheld the appeal of Renfrew Leslie CHRISTIE (31) against his conviction and sentence of five years on a charge under the Terrorism Act. However, his appeal against convictions on four other charges was dismissed. This means that he will still serve an effective 10 years imprisonment.
The conviction against which he appealed successfully involved an allegation that he acquired information about the region which the Atomic Energy Board (AEB) regarded as seismologically safe to explode nuclear devices in South Africa and that he sent this information to the International University Exchange Fund. The appeal judges conceded that the information was contained in an AEB publication readily obtainable to the public. Thus it was not likely that passing on such information would embarrass the administration of any affairs of the State.
Concerning the other convictions, Christie's counsel maintained that the most cogent evidence used by the State was Christie's con- fession which, they claimed, was inadmissable because he had made it under duress. The appeal judges maintained that when the confession had been written he had not been subjected to undue pressure and it was therefore freely made. They conceded that Christie may have been subjected to undue harassment prior to the writing of the confession.
The finding of the trial court that Christie had conspired with the ANC by passing on information about South Africa's energy situation and about particular power stations was confirmed.
Christie was convicted in the Transvaal Supreme Court in June 1980 and has been serving his sentence in the Pretoria Central Prison (RDM, CT 7.11.81).
PHALA and OTHERS The Bloemfontein Appeal Court partially upheld the appeal of Mahwidi John PHALA on 29 September against two convictions under the Terrorism Act. The appeals of John Mafele THABO, Letsie Ben MASHININI, Vincent NKOSI and Philip KHOZA, who were con- victed with Phala in 1977, were rejected by the court.
Phala had been sentenced to 30 years imprisonment by the trial court. The appeal court ordered that 10 years of one of the two fifteen year counts on which he was sentenced should run concurrently with the other 15 year count — effectively reducing his sentence to 20 years (DD 30.9.81)
MATHOPE and OTHERS Four Ga-Rankuwa men had their convictions and sentences set aside on 19 October at the Mafikeng Supreme Court. They are Alpheus MATHOPE (23), Karabo MADIBA (19), Manuel MADIBA (29) and Gerald SEOBELA (21).
The four were convicted in the Odi Regional Court on 20 November 1980 for furthering the aims of the ANC and sentenced to six years in jail with four years suspended (S 21.10.81; see FOCUS 33 p.10).
CAIPHUS MASHILO and YOUTH The convictions and sentences of Caiphus MASHILO (19) and a 17-year-old youth were set aside in the Pretoria Supreme Court on 21 October. The appeal judges concurred that the trial magistrate had erred in his findings.
Both had been sentenced to five years imprisonment after being found guilty on 13 February 1981 of inciting others to leave the country to receive military training. Mashilo received a further five years, to run concurrently, for attempting to leave the country to undergo military training (RDM 21.10.81, FOCUS 32 pp.8/9, 34 p.5, 37 p.5).
SIBUSISO MABASO Sibusiso Godfrey MABASO (19), who was found guilty in 1979 of inciting people to undergo military training and sentenced to five years imprisonment, was freed on 26 October when the State withdrew the charges in the Johannesburg Regional Magistrates Court.
Mabaso was serving his sentence on Robben Island when he lodged an appeal against the sentence. The conviction was set aside when the Supreme Court referred the case back to the regional court for re-trial. He appeared three times in the regional court but the charge was finally withdrawn because the state witnesses could not be traced (RDM 27.10.81; S 28.10.81; Star 31.10.81).
ANC TREASON THREE Leave to appeal against their death sentences was granted to Anthony TSOTSOBE (25), Johannes SHABANGU (26) and David MOISE (25) in the Pretoria Supreme Court on 27 October.
The three were sentenced to death in August 1981 after being found guilty of high treason (RDM 28.10.81; see FOCUS 37 p.4).
MOPHIBI TSATSA The three year sentence passed on Mophibi M. TSATSA (25) for refusing to testify in a Terrorism Act case, was reduced to one year on 13 November by the Pretoria Supreme Court.
Tsatsa was sentenced in March 1981 for refusing to testify in the case against Raphael Khumalo and Raymond Dludlu (see FOCUS 34 p.6). When he appeared at their trial he had already spent 16 months in police custody. The notice of Tsatsa's appeal said: "The sentence is startlingly inappropriate and is so severe as to induce a sense of shock" (RDM 14.11.81).
WILFRED MARWANE Wilfred MARWANE was charged under the Terrorism Act, with alternative charges under the Sabotage Act and the Arms and Ammunitions Act, in the Bophuthatswana Supreme Court in November 1979. He was sentenced to 15 years imprisonment for possessing a hand grenade to be used for 'endangering the security of Bophuthatswana'. He was refused leave to appeal against the conviction and sentence.
Leave to appeal was later granted by the Appellate Division of the Supreme Court. In his affidavit, Marwane stated that when Bophuthatswana gained its 'independence', the Terrorism Act was impliedly repealed by its constitution which contained a declaration of human rights. The Act, he claimed, was in direct conflict with the right of personal liberty. Consequently, the Terrorism Act is not law in Bophuthatswana and the Chief Justice should not have jailed him for 15 years for contravening the Act.
This appeal will be heard in the Bloemfontein Appeal Court on 11 February 1982 (S 19.11.81).
