Since the last issue of FOCUS three more major security trials have started, all involving alleged ANC members or activity promoting the aims of the ANC. In two of these trials the accused have been charged with high treason and terrorism. Both these trials promise to be lengthy as one involves charges with 57 counts and in the other 135 witnesses are to be called by the State.
In the same period five people have received prison sentences after being convicted under the major security laws. All were convicted for activity connected with the ANC.
Apart from the ongoing trial of Oscar Mpetha and others, all the other continuing trials involve people accused of engaging in ANC activities.
As a part of the continuing actions of the State against trade unionists and workers engaged in strikes, three trade unionists of the South African Allied Workers Union face charges under the Terrorism Act.
CONTINUING TRIALS
SITHOLE AND OTHERS
The trial of three alleged ANC members, Fana George SITHOLE, Jabulani Wilfred NGCOBO and Titi Alocia MTHENJANE (MTENYANE), was adjourned in the Durban Regional Court on 22 April to allow defence lawyers to study security police tape recordings. The state wants to use as evidence tapes of conversations between the accused and other detainees. The magistrate has yet to rule whether the recordings are admissible as evidence.
All three have pleaded not guilty to charges under the Terrorism Act that they obtained information on security arrangements at an oil terminal in Durban. Sithole has also pleaded not guilty of contravening the Internal Security Act by breaking his banning order.
An urban representative of the KwaZulu 'government', Joshua Thembinkosi ZULU, was sentenced to 30 days imprisonment in the Durban Regional Court for refusing to take the oath and give evidence in the trial. He was granted bail of R50 pending an appeal.
Zulu refused to give evidence on the grounds that his position in the KwaZulu 'government' gave him diplomatic immunity.
HOGAN AND OTHERS
Three leaders of the South African Allied Workers' Union, Thozamile GQWETA (President), Sam KIKINE (General Secretary) and Sisa NJIKELANA (National Organiser) were charged under the Terrorism Act when they appeared in the Johannesburg Magistrates Court on 6 May. Their names were added to the charge sheet of Barbara HOGAN (30), Alan FINE (28) and Cedric MAYSON (54) who were charged under the Terrorism Act in March. The six will now be tried together.
All six appeared briefly in the Johannesburg Regional Court on 28 May. They were not asked to plead and were remanded in custody until 14 June.
MAQUBELA AND OTHERS
A major security trial involving three alleged ANC members, Patrick Ntobeko MAQUBELA (32), Boniswa Richard MAQHUTYANA (29), and Seth Mtumulelo GABA began in the Pietermaritzburg Supreme Court on 1 June.
When the three appeared in the Durban Magistrates Court on 28 April the indictment contained a total of 57 counts with charges of high treason and contraventions of the Terrorism Act, the Arms and Ammunition Act, the Explosives Act, and the General Law Amendment Act.
It is alleged that the three were members of the ANC, that they were responsible for eight explosions in the Durban area, that they recruited people to join the ANC, that they possessed large quantities of arms and explosives and conspired with other members of the ANC outside the country.
MOGOERANE AND OTHERS
Two alleged members of the ANC, Simon MOGOERANE (23) and Jerry Semano MOSOLOLI (25), appeared in the Pretoria Magistrates Court on 7 May and pleaded not guilty to charges of high treason and 20 alternate charges, including three murders, 10 counts of attempted murder, five counts under the Terrorism Act, and robbery with aggravating circumstances.
The two accused were brought into court wearing leg-irons but after protestations by their lawyer the manacles were removed. They were sent for trial in the Pretoria Supreme Court on 1 June, with 135 witnesses to be called by the state.
The two are alleged, amongst other things, to have undergone military training outside South Africa; to have attacked the Moroka Police Station in May 1979, killing two policemen and injuring others; to have attacked the Orlando Police Station in November 1979, killing three policemen and injuring others; to have attacked the Wonderboompoort Police Station in December 1981, killing two policemen and injuring others; to have cut the Soweto railway line with explosives at New Canada on 25 May last year; and were found to be in possessing of substantial quantities of arms and explosives.
When the two appeared in the Pretoria Supreme Court on 1 June, they were accompanied by a third accused, Marcus Thavo MOTOUNG (27). They were remanded in custody until 2 August.
BILA AND TWO OTHERS
Three men from Mamelodi, Pretoria, have been charged with promoting the aims of the ANC by possessing and displaying illegal posters and signs in Mamelodi.
It is also alleged that two of the accused, Strike Ishmael BILA (28) and Bernard MOKGONYONA (19), acted as ANC messengers by visiting people in Botswana connected with the ANC. They also distributed publications explaining the aims of the ANC and recruited members for the ANC. They were refused bail on application but a third person who faces the same charges, John QOTSO (35), was released on R100 bail. All have pleaded not guilty.
DUNA AND OTHERS
The Terrorism Act trial of Mabone William DUNA (31), Dumisani Bizette MANINJWA (31), Bayi KEYE (52) and Luyanda MAYEKISO (23) continues in the Ciskei Supreme Court in Zwelitsha.
The four have pleaded not guilty to charges of participating in terrorist activities, of being members of the ANC and of possessing banned literature. They are alleged to have become members of the ANC during 1980 and 1981 and to have actively engaged in the operational activities of the organisation. They are also alleged to have recruited people to undergo military training.
On 23 March the Ciskei Attorney-General applied for the hearing of the trial to be held in camera and for the press to be prevented from disclosing the names of state witnesses. The case was postponed to 10 May to await a ruling on the application.
When the trial recommenced on 11 May the Chief Justice granted an application for evidence to be heard in camera. The press was allowed to continue reporting on the proceedings but were not allowed to reveal the names of the witnesses.
OSCAR MPETHA AND 18 OTHERS
The trial of the veteran civic and trade union leader, Oscar MPETHA (72), and 18 others continues in the Cape Town Supreme Court. Mpetha's health has deteriorated seriously and he has been excused from further court appearances. The state, however, refuses to grant him bail.
The trial since it recommenced in February has been devoted to a trial within a trial as the defence has contested the admissibility of statements made by five of the accused while in detention.
CONVICTIONS
RAVELE AND OTHERS
John RAVELE, one of the three accused of assisting in the ANC attack on the Sibasa Police Station in the Venda bantustan, was sentenced to five years imprisonment in the Venda Supreme Court on 4 May. He was found not guilty of murder and attempted murder but was found guilty on two charges under the Arms and Ammunition Act and also for aiding those responsible for the attack.
Rev N PHASWANE and Rev PM PHOSIWA were also found not guilty of murder and were acquitted of the two charges under the Terrorism Act to which they had pleaded not guilty.
Rev Phaswane was released but Rev. Phosiwa was found guilty under Section 11 of the Internal Security Act and sentenced to two years imprisonment, conditionally suspended for five years. He was sentenced for allowing two guerillas to stay overnight at a mission station.
