A number of major political trials continue in South African courtrooms. Five people in two separate trials have been charged with high treason, which is a capital offence. A number of trade union leaders have appeared in court and face serious charges. It appears that the State will attempt to link their activities to the ANC and the South African Congress of Trade Unions (SACTU). In other trials the accused face charges of leaving South Africa to undergo military training, of possessing and distributing prohibited publications and of being members of banned organisations.
Large numbers of workers have been brought to trial for participation in 'illegal' strikes and many students face charges of 'public violence' for participating in anti-apartheid demonstrations. Several people have appeared in court charged with possession of banned literature.
CONVICTIONS
MOGOERANE AND OTHERS
Three members of the ANC have been found guilty of high treason, murder, attempted murder and sabotage. Appearing in the Pretoria Supreme Court on 6 August, Thelle Simon MOGOERANE (23), Jerry Semano MOSOLOLI (25) and Marcus Thabo MOTHAUNG (27), were sentenced to death for their roles in attacking the Moroka, Orlando and Wonder-boompoort police stations, for sabotaging the railway line at New Canada and for sabotaging an electricity sub-station at Capital Park.
At an earlier hearing the three had pleaded not guilty to the charge of high treason and 20 alternative charges.
After the State had given evidence in the trial about the arrest of Mogoerane and Mosololi, the defence gave details of how they were tortured by the police. In order to force Mogoe-rane to disclose the location of their weapons, the police tied a rope around his neck and one of his hands behind his back. They pulled a plastic bag over his head to make his breathing difficult. He was hanged from a tree and made to stand on his toes. A dog was also made to bite him. Later both men were subjected to electric shocks. Mogoerane was suspended from a pole between a table and a chair while being shocked. A pistol was placed in his mouth while another policeman banged the table, making a sound like a shot being fired. When the police threatened to arrest his mother he 'confessed' by making a statement.
The judge, who described Mogoerane as 'a compulsive liar', allowed the statement as evidence after deciding that it had been made 'freely and voluntarily'.
SITHOLE AND OTHERS
Three members of the ANC, Fana George SITHOLE, Jabulani Wilfred NGCOBO and Titi Alocia MTENYANE (MTHENJANE), were each sentenced in the Durban Regional Court on 8 July to an effective five years imprisonment.
All three had pleaded not guilty to the charges against them. The court found them guilty of having encouraged people to undergo military training outside South Africa and of conspiring to commit acts of violence and sabotage. Sithole was also sentenced to 30 days on each of the 15 counts of contravening his banning order.
GRAHAM DYSON
A Johannesburg lawyer, Graham Eric DYSON (30), was sentenced on 8 June in the Johannesburg Magistrates Court to a R200 fine or three months imprisonment on a charge under the Prisons Act.
He was found guilty of attempting to take three tissues from the Johannesburg Fort Prison after receiving them from his client, Elaine Mohamed, who was being held under the Internal Security Act.
The prosecution claimed that a poem written on the tissues could have contained a message. Dyson told the court that he had picked up the tissues from the floor and intended disposing of them. He was not aware that there was anything written on them.
CONTINUING TRIALS
HOGAN AND MAYSON
In the previous issue of FOCUS it was stated that Barbara HOGAN (30) and Cedric MAYSON (54) were to appear in a combined trial with Alan FINE (26), Thozamile GQWETA, Sam KIKINE and Sisa NJIKELANA.
Now the trials have been split, with Hogan and Mayson appearing together but separately from the others, Fine on his own, Njikelana and Gqweta together but also separately from the others, and Kikine on his own.
The six appeared on 14 June in the Johannesburg Regional Court where they were charged and remanded until they were due to appear in their separate trials.
No date has yet been set for the appearance of Hogan and Mayson but their appearance will be in the Rand Supreme Court where they are to be tried for high treason. They will also face alternative charges under the Terrorism Act.
Some of the charges against Hogan are that she: joined the ANC in Swaziland in 1977; agreed to work in the field of labour to further the aims of the ANC; established a system of communications with the ANC; visited ANC officials in Botswana several times to whom she conveyed information and from whom she received instructions; compiled documents which she handed to another person to have transmitted to Botswana and London.
Charges facing Mayson are, amongst others, that he: became a member of the ANC in 1977; had talks with ANC and South African Congress of Trade Union (SACTU) officials in Botswana in 1981; received and made tape recordings of ANC speeches and songs and passed them to others; received and distributed large quantities of ANC literature between 1977 and 1981; had talks with ANC commanders in London in 1981.
Two security policemen appeared in the Johannesburg Regional Court on 23 July as the result of a charge of assault laid by Hogan in January while she was a Terrorism Act detainee. Hogan claims that she received 25 to 30 blows while she was being interrogated and this was interspersed with aggressive questioning, screaming and shouting. One interrogation session lasted for more than 24 hours, during which she was refused permission to go to the toilet. The hearing continued on 29 July.
ALAN FINE
Alan Morris FINE (26) appeared in the Johannesburg Regional Court on 21 June and had his trial date set for 2 August.
He is charged with furthering the aims of the ANC and SACTU. Alternatively he is charged with allegedly unlawfully taking part in the activities of the organisations, both in South Africa and in Botswana.
Fine was not asked to plead and was remanded in custody. He had been in detention for nine months prior to the appearance.
GQWETA AND NJIKELANA
The National President of the South African Allied Workers' Union (SAAWU), Thozamile GQWETA, and the national vice-president of SAAWU, Sisa NJIKELANA, appeared in the Grahamstown Magistrates Court on 30 June. They were not asked to plead, no charges were laid and they were remanded in custody until they appear again on 31 August. The Grahamstown court ruled that it had no jurisdiction over the men and referred the case to East London.
Previously Gqweta and Njikelana had appeared with the General Secretary of SAAWU, Sam Kikine, in the Johannesburg Regional Court in connection with an allegation that they had contravened the Terrorism Act.
SAM KIKINE
The General Secretary of SAAWU, Sam KIKINE, was taken into police custody on 29 June immediately after Terrorism Act charges against him were withdrawn by a Johannesburg magistrate. He had appeared with two other SAAWU officials, Thozamile Gqweta and Sisa Njikelana.
Kikine appeared again in the Durban Magistrates Court on 13 July in connection with a further allegation of contravening the Terrorism Act. No charge was put and no details given. The hearing was adjourned until 6 August and Kikine was released on R500 bail. He has to report twice a week to a police station.
RADEBE AND OTHERS
Four alleged members of the South African Youth Revolutionary Council (SAYRCO) appeared on 20 July in the Kempton Park Regional Court to face two charges under the Terrorism Act.
The accused are Stanley RADEBE (27), Ephraim MADALANE (24), Ernest MOHAKALALA (23) and Innocentia MAZIBUKO (20). A fifth accused, Elizabeth MOTHIBEDI (20) had charges against her withdrawn.
They were not asked to plead, and will appear again on 21 September.
The state alleges, amongst other things, that the four underwent military training outside South Africa with the intention to return and overthrow the government by violent means. It is alleged that they had held meetings to recruit others to SAYRCO and that they had been to Botswana and Lesotho to further the aims of the organisation.
REV. IVOR SHAPIRO
An Anglican Minister from Kimberley, Ivor SHAPIRO, who edits 'Seek', the Anglican Church newspaper for South Africa, appeared in the Kimberley Magistrates Court on 14 June charged with offences under the Internal Security Act and Unlawful Organisations Act.
Rev. Shapiro was not asked to plead and the case was postponed to 26 July. He was released on R1,000 bail.
The court appearance was a sequel to an earlier appearance on 5 May, the day on which he was detained and when security police searched the 'Seek' offices.
BILA AND TWO OTHERS
One of the three alleged ANC members facing 10 charges of being in possession of prohibited publications, putting up illegal posters and promoting the interests of the ANC, was acquitted in the Pretoria Regional Court on 30 June.
He is John QOTSO (35). The magistrate acquitted him after the prosecutor had told the court that the State had no proof that he was implicated.
Strike Ishmael BILA (28) and Bernard MOKGONYANA (19) are charged with taking part in ANC activities, but, according to the defence, the State had failed to show that those whom the accused had visited in Botswana were ANC members. Further, the painting of slogans approved of by the ANC and possession of ANC literature was not proof that the two took part in the organisation's activities.
Judgement in the case will be given on 20 August.
DUNA AND OTHERS
In the first Terrorism Act trial held in the Ciskei, a witness was sentenced to two and a half years' imprisonment on 19 July for refusing to take the oath. Another witness claimed he had been assaulted by the security police and had sustained a damaged eardrum.
The accused, Mabone William DUNA (31), Dumisani Bizette MANINJWA (31) and Luyanda Patrick MAYEKISO (23), are charged with participating in terrorist activities, with being members of the ANC and being in possession of banned literature.
The trial began in early March and is still proceeding.
OSCAR MPETHA
In the ongoing Oscar MPETHA trial two witnesses have been charged with perjury. One of the witnesses, Shadrack Ponomo NCAPAYI (21) was sentenced in the Parow Regional Court on 27 May to 15 months imprisonment.
The court found that evidence given in the Mpetha trial by Ncapayi conflicted with two sworn statements he made to the police earlier.
The other witness, Mpumelelo YAWA (21) was accused in a Cape Town regional court on 19 July of committing perjury by making a conflicting statement while under oath.
He pleaded not guilty to the charge and was extended bail of R50. He was due to appear again on 22 July.
The trial of Mpetha and 18 others continues in the Cape Town Supreme Court but little detail of this trial has been reported in the press. Mpetha has been excused from court appearances due to a serious deterioration in his health.
APPEALS
TSOTSOBE AND OTHERS
The date for the appeal against the death sentences of the three ANC members convicted of treason has been set for 3 September in the Bloemfontein Appeal Court.
The three, Anthony Bobby TSOTSOBE, Johannes SHABANGU and David MOISE, were sentenced to death on 19 August 1981.
JOB MOLAHLOE
Job MOLAHLOE, who was sentenced to five years imprisonment for refusing to testify in the Khotso Seatlholo case early this year, was acquitted on 21 June by the Johannesburg Supreme Court.
According to a notice submitted by Molahoe's representatives he was detained on 22 June last year under section six of the TERRORISM ACT. When he refused to testify he was sentenced without his lawyers or relatives knowing. He only managed to get proceedings started on his behalf while he was in prison.
DAVID MAMPANE
One of the four men convicted of being members of the ANC in September last year, David Linda MAMPANE (20), has appealed against his 16 year prison sentence.
His co-accused were effectively jailed for 10 years. The disparity in sentences arose out of a further conviction which Mampane received for 'intending to murder a policeman'. In the appeal Mampane claims that the 'intention to kill' does not materially affect the issue. There was no evidence that he had actually taken any steps to kill the policeman.
MZILIKAZI KHUMALO
The appeal court has allowed the appeal of Mzilikazi Godfrey KHUMALO against his conviction and sentence of five years imprisonment on a charge of taking part in terrorist activities. However, the court dismissed his appeal against convictions and sentences on a further two counts of participating in terrorist activities.
He was convicted in the Natal Supreme Court on 1 March 1979 and sentenced to an effective 20 years imprisonment. The effective sentence will now be 17 years.
OTHER TRIALS
YOUTH AND STUDENTS
- Twenty people accused of public violence were referred from the Zwelitshu Magistrates Court on 7 July to the Ciskei Supreme Court after the magistrate ruled that he did not have the jurisdiction to decide whether Proclamation R252 was still valid in an 'independent' Ciskei. Proclamation R252 was the major piece of security legislation used in the bantustan prior to its 'independence'.
The trial is a sequel to the stoning of the Ciskei president's motorcade at the Fort Hare graduation ceremony on 1 May. Seventeen of the accused are Fort Hare students.
- Nine youths from Mamelodi appeared in the local magistrates court to face charges of public violence that allegedly resulted from a June 16 commemoration service held on 19 June this year.
- The chairman of the Atteridgeville branch of the Congress of South African Students, Desmond NKOSI, together with five other youths, appeared in the Atteridgeville Magistrates Court on 1 July on charges of public violence and theft.
They were not asked to plead and the case was referred to the Pretoria Regional Court for hearing on 13 August. They were granted R200 bail each on condition that they did not interfere with state witnesses and that they report to the local police station twice a week.
LABOUR
- An organiser of the General Workers Union of South Africa, Donsie KHUMALO (30), appeared in the Pretoria Regional Court on 25 June charged with inciting laundry workers in Queenswood, Pretoria, to strike.
He pleaded not guilty. The case was postponed to 26 September.
- Sixty black mineworkers, arrested during the unrest at the Kloof gold mine early in July appeared in the Westonaria Magistrates Court on 23 July charged with public violence.
The 60 were held in prison awaiting trial for nearly two weeks. The miners, mostly migrant workers from Lesotho, were arrested when they went on strike after new pay scales were introduced. The workers are said to have damaged mine property when they allegedly went on the rampage.
BANNED LITERATURE
- Boy Boy MPULAMPULA (26), who lives in Mdantsane which is in the Ciskei bantustan, appeared in the Mdantsane Regional Court on 11 May on a charge of being found in possession of three banned publications.
His defence argued that no act had been passed in the bantustan since its 'independence' prohibiting possession of the books. Previously South African legislation applied in the Ciskei. The case was postponed to 21 June and bail was extended.
- A reporter on the Natal Witness, Nalini NAIDOO, appeared in the Pietermaritzburg Regional Court in April on charges of possessing 'undesirable' literature.
The literature was found by security policemen who searched her house when they went to question her about another case in which she was to be called as a witness.
The case was adjourned to 26 May for further evidence.
MISCELLANEOUS TRIALS
- Twenty five Reiger Park residents were acquitted in the Johannesburg Magistrates Court on 19 July of charges of public violence.
The 25, including the Transvaal leader of the Coloured Labour Party, Jac RABIE, had been charged with alleged participation in the uprising that took place in Reiger Park in May 1981. Several shops and motor vehicles were gutted in the incidents, and state witnesses claimed losses totalling about R1,000,000.
The magistrate failed to prove beyond reasonable doubt that each of the accused had participated in the uprising.
- Four men from Crossroads appeared in the Athlone Magistrates Court on 29 June to face charges of public violence. All pleaded not guilty.
The State alleges that the men were with a group of people who assaulted three policemen who were attempting to cordon off a group of 120 'squatters' to enable Administration Board officials to arrest them. When the police had asked the people to lay down their weapons they were 'stormed' by the 'squatters'.
The hearing was adjourned to 9 September and bail of R75 was granted to all four accused.
