In August and September a number of major political trials were completed and resulted in the imprisonment of nine people, all members of the African National Congress. They were imprisoned for a total of eighty eight and a half years. With sentences ranging from 20 years to six months, the average prison sentence was almost ten years.
Nine witnesses who refused to testify in political trials were sentenced to a total of 29 years imprisonment, the average sentence being 3.2 years. Sentences ranged from two years to five years. The refusal by witnesses to testify for the state has become a common feature of political trials in recent times.
A number of other major trials continue in South African courtrooms. A number of these involve persons who were engaged in labour and trade union activities.
Appeals against the death sentences imposed on three ANC guerillas have been heard, but judgement has been reserved. Three others who face the death penalty dropped the appeal against their sentences and appealed instead to the State President for clemency.
CONVICTIONS AND ACQUITTALS
BILA AND MOKGONYANA
Strike Ishmael BILA (28) was jailed for two years on 23 August for furthering the aims of the ANC and fined R300, or six months imprisonment, for being in possession of banned literature.
Bernard MOKGONYANA (19), who was charged with Bila, was jailed for 18 months for the same offences, six months of which were conditionally suspended for five years.
Both were acquitted on eight charges of putting up posters and writing slogans on buildings. The Court found that they had furthered the aims of the ANC by acting as messengers. The trial took place in the Pretoria Regional Court (CT 24.8.82).
MAQUBELA, MAQHUTYANA AND GABA
Three members of the ANC were convicted of high treason in the Pietermaritzburg Supreme Court on 7 September and each sentenced to 20 years imprisonment. The three, Patrick Ntobeko MAQUBELA (32), Mboniswa MAQHUTYANA (29) and Seth Mpumulelo GABA (24), were found by the Court to be responsible for a series of explosions in Durban during 1981 in which nine people were injured and damage of nearly R500,000 was caused.
After the sentences were announced the convicted men raised their arms in clenched-fist salutes and shouted ANC slogans. Almost all the spectators in the public gallery responded in like manner until the police broke up the demonstration with teargas, forcing the demonstrators and lawyers to rush for the doors. The demonstration continued outside the court until it was broken up by police with dogs. Police defended the use of teargas in the light of the new Demonstrations in or near Court Buildings Prohibition Act which was introduced in June this year to prevent such demonstrations at political trials (CT. S 8.9.82; S 9.9.82).
Five people who refused to testify in the trial were sentenced to prison terms under the Criminal Procedures Act. Mpilo Ichabod TAHO (28) was sentenced to the maximum penalty of five years, Luyanda MPAHLWA (23) to four years, Litha JOLOBE (25) to four years, Bulelane NGCUKA (28) and Mbulelo HONGO (26) to three years. All five were held in custody from November last year until they were sentenced in August (S 4/5/6.8.82; CT 10.8.82; see FOCUS 39. p.8, 40 p.3).
Seth Gaba gave evidence in a 'trial within a trial' of how he was tortured to force him to make a statement. A wet bag was placed over his head and his hands were manacled behind his back. He was then suspended by his knees from a stick resting between two tables. The judge found that the statement he had made was made 'freely and voluntarily' and was therefore admissible (CT 11/17.8.82).
CHARLTON NTULI
A 73 year old man, Charlton NTULI, was sentenced in the Umtata Magistrates Court to five years imprisonment on 11 August after being found guilty on three counts under the Transkei bantustan's security laws.
Ntuli was convicted of being a member of the ANC, of possessing banned literature and of trying to recruit others to the ANC. He had pleaded not guilty to all the charges. He told the court that he had been a member of the ANC before it was banned in 1960 but that he had not been an active member since that time (RDM 4.8.82; Cit 12.8.82).
BUTHELEZI AND OTHERS
Three members of the ANC were each sentenced to seven years imprisonment in the Durban Supreme Court on 22 September after being found guilty on charges under the Terrorism Act.
The three are Amon Sipho BUTHELEZI (27), Amos DLOMO (34) and Mkipheni NYANDENI (33). They were jailed for five years for having undergone military training outside South Africa and for seven years for possessing weapons and ammunition. The sentences will run concurrently (S 20/23.9.82; RDM 23.9.82).
SAM KIKINE
Charges under the Terrorism Act against the general-secretary of the South African Allied Workers Union (SAAWU), Sam KIKINE, were dropped on 2 September when he appeared unexpectedly in the Durban Magistrate's Court.
Kikine was originally detained in November last year. He was charged in a Johannesburg court in June, had the charges against him withdrawn, was immediately redetained and transferred to Durban where he was again charged and released on bail. He was due to appear on 6 August, but was only requested to appear on 2 September, when the charges were dropped. No explanation or reasons were given for the dropping of the charges and he was not told that he would have to appear as a witness in any forthcoming security law trials, although he had been originally told that he would (RDM 23.7.82; RDM 6.8.82; RDM 3.9.82).
NONDULA AND MSANA
Two men from Mdantsane in the Ciskei bantustan, Bongani NONDULA (23) and Sandile MSANA (23), were acquitted of Terrorism charges in the Ciskei Supreme Court in Zwelitsha on 15 September.
They pleaded not guilty to having participated in the activities of the ANC and to having advised people to join Umkhonto we Sizwe, the military wing of the ANC.
Two witnesses who refused to testify at the trial — which was held in camera were sentenced to two and a half years imprisonment (RDM 16.9.82).
CONTINUING TRIALS
GQWETA AND NJIKELANA
The president and vice-president of the South African Allied Workers Union (SAAWU), Thozamile GQWETA and Sisa NJIKELANA, were released on bail on 28 August. Njikelana had been held in custody since December last year. Both have been detained six times without trial since November 1980.
Both were released in East London on R750 bail after appearing earlier in court in Johannesburg and Grahamstown on charges under the Terrorism Act. Details of the charges have not been made available to their legal representatives who say it is unusual for accused persons in Terrorism Act cases to be released on bail. Several bail conditions have been imposed on the two SAAWU leaders. They have to report twice a week to the police, have had to surrender their passports and must not engage in 'illegal trade union activities' (RDM 12.5.82).
BARBARA HOGAN
The trial of Barbara HOGAN (30) was adjourned on 7 September in the Rand Supreme Court to 20 October for judgement.
Hogan appeared on charges of treason and on charges of being a member of the ANC and furthering its aims. She pleaded not guilty to the former charge but guilty to the latter.
In the trial, the state attempted to show that Hogan had committed an act of treason
