Since the beginning of 1982 a number of important trials have commenced while several others which had been continuing for some time were completed.
One of the trials for 'serious offences' which the Minister of Police, Louis le Grange, confirmed would start early in the year commenced in Johannesburg Regional Court at the end of March. As all the accused and state witnesses in this trial are whites it would appear that this trial is a presage of other related trials due to commence shortly. There has been much speculation in the South African press about the nature of these trials but most consider that the State is planning a series of 'showpiece' trials in an attempt to focus attention on alleged links between the ANC and trade unions.
The Minister of Police announced in February that 21 'security trials' were pending and that by that time preparations for 12 independent trials had been finalised.
CONTINUING TRIALS
ADAM and THEMBA
Robert Martin ADAM (26) and Mandla THEMBA (25) have pleaded not guilty to five charges under the Terrorism Act. It is alleged that they are members of the ANC, that they toured the SABC TV tower at Brixton, Johannesburg, prepared a report on the installations and took photographs. They allegedly attempted to send the report and pictures to the ANC to be used in plans for destroying the tower. It is also alleged that they incited another person to undergo military training outside South Africa, and conspired to attempt to overthrow authority in South Africa by violent means.
The two have been appearing in the Rand Supreme Court. The trial continues.
MOTLHABAKWE and FOUR OTHERS
A report was included in FOCUS 36 of five Galeshewe youths charged with taking part in guerilla activities, arson, housebreaking and attempted arson. Their appearance arose out of an incident which occurred during unrest in Kimberley in September 1980. The trial received little publicity in the South African press after July 1981. It appeared in January however, that the trial was continuing as there was a report of a court incident in which a defence advocate in the trial was fined for contempt of court.
The five are Neville MOTLHABAKWE (19), Johannes KERS (18), Eugene MOKGOATSI (20), Nelco HLATSHWAYO (20) and Ben FANI (21).
OSCAR MPETHA and 18 OTHERS
The trial of Oscar MPETHA (72) and 18 others recommenced on 9 February after the recess. Mpetha was excused from the court because of ill-health. He and the others have been in custody since August 1980 when they were arrested after two white motorists died in the unrest at Crossroads at the time. Latest reports indicate that Mpetha's condition is considered serious and that he has had to undergo an operation on his kidneys. No further details of the trial have appeared.
SITHOLE and OTHERS
Three men, Fana George SITHOLE, Jabulani Wilfred NGCOBO and Titi Alocia MTENJANE, appeared in the Durban Regional Court on 26 February on charges of contravening the Terrorism Act.
It is alleged that between August 1980 and July 1981 they conspired with 13 people to commit 10 acts in South Africa and Botswana. They are charged with: forming and recruiting for the African Youth Congress, based on the aims of ANC; corresponding with ANC members on Robben Island and in Botswana; receiving funds from the ANC; encouraging people to leave the country to go for military training; assisting people to leave the country to go for military training; obtaining plans of the Caltex oil installations in Durban; obtaining information regarding security at the installation; obtaining firearms and/or explosives; obtaining and propagating ANC propaganda material.
Sithole also faces 15 counts of contravening the Internal Security Act by breaking his banning order. The three were due to appear again on 22 March.
KORDA MANQINA
Korda Langelo MANQINA (30) appeared in the East London Regional Court on 6 January on charges under the Internal Security Act.
It is alleged that he was a member of an organisation called the People's United Front for the Liberation of South Africa and that he committed acts aimed at promoting the aims of communism. According to the charge sheet these were the overthrow of the South African government and the institution of a communist-oriented government system, the propagating and distribution of communist literature, and the organising of revolution by persuading the black population to create political, social or economic changes within South Africa through violent or disorderly ways. The trial continues.
DUNA and OTHERS
Four men from Mdantsane, East London, appeared in the Mdantsane Magistrates Court on 15 January on three counts under the Terrorism Act.
The four are Mabone William DUNA (31), Dumisani Bizette MANINJWA (31), Geoffrey Bayi KEYE (52) and Luyanda Patric MAYEKISO (23). They were not asked to plead and no evidence was led.
According to the charges they are alleged to have conspired to instigate, incite and encourage others persons to commit certain acts which could endanger the maintenance of law and order and to further the aims of the ANC.
The first alternate charge is that they encouraged certain persons to leave the country to receive military training. The second alternate charge is that they obtained information about the South African Allied Workers' Union (SAAWU) which could be used to further the aims of the ANC. They are also charged with being members of the ANC and with being in possession of banned literature.
They were remanded in custody and will be tried in the Ciskei High Court.
REV. PHOSIWA and OTHERS
Two Lutheran ministers from Venda bantustan, Rev. P. PHOSIWA and Rev. M. PHASWANE, and another, J.M. RAVELE, are due to appear in the Venda High Court on 3 May on charges of murder, attempted murder and terrorist activities. The charges arise out of the death of two policemen during an attack by a unit of ANC guerillas on the Sibasa police station in October last year.
At a preliminary court hearing in the Sibasa Magistrates Court on 10 February allegations of torture were made by Rev. Phosiwa. The magistrate was asked to record injuries which he received while in detention. These included: marks on his wrists from overtightened handcuffs, fingers which had lost their feeling, a mark over his right eye caused by a punch, scars on his head where hair had been pulled out. Rev. Phosiwa also alleged that a wet cloth had been tied around his head while he was being interrogated and that his genitals had been shocked with electric charges.
HOGAN and OTHERS
Two people who were detained in September last year, Barbara HOGAN (30) and Alan FINE (28), and another who was detained in November last year, Cedric MAYSON (54), appeared in the Johannesburg Regional Court on 26 March. They were charged under the Terrorism Act and are due to appear in the Johannesburg Supreme Court on 30 April. They were refused bail and are being held in custody.
Eight other detainees who were released on 26 March will appear in the trial as state witnesses.
APPEALS
ANC THREE
The appeal by three ANC members sentenced to death in November 1980 for their attack on the Soekmekaar Police Station failed in the Bloemfontein Appeal Court on 7 April.
The three are Ncimbithi Johnson LUBISI (28), Tsepo Petrus MASHIGO (20) and Naphtali MANANA (24). Counsel for the appellants said that a last attempt to save their lives would be made by petitioning the State President for a reprieve.
BERGER and PILLAY
A lecturer from Rhodes University, Guy BERGER (25), and a student in journalism, Devandiren PILLAY (21), had their effective prison sentences halved in the Grahamstown Supreme Court on 12 March when judgement was handed down on their appeal.
Berger will now serve two years instead of four on two counts under the Internal Security Act, for membership of the ANC and activities which furthered its interests. Pillay will serve one year instead of two for the same offences.
