The appeal of ANC members Anthony Bobby TSOTOBE (27), Johannes SHABANGU (27) and David MOISE (23) was turned down in the Bloemfontein court on appeal on 26 November 1982.
The three were sentenced to death for High Treason in August 1981. They were charged with participating in a number of armed actions including the attack on Booyens Police station. Johannesburg in April 1980 and the explosion at the Sasol oil-from-coal installation in June of that year.
They were convicted on the basis of confessions and statements made by them during lengthy periods spent in solitary confinement. In addition the judge allowed as evidence damaging admissions made during a preliminary but detailed court hearing in April 1981 when they had to plead to the charges for more than one and a half hours without benefit of defence counsel.
One year after their conviction they were joined by three other ANC members Thelle Simon MGOOERANE (23), Jerry Semano MOSOLOLI (25) and Marcus Thabo MOTAUNG (27). These three were sentenced to death in August 1982 for participating in attacks on police stations at Moroka, Orlando and Wonderboompoort.
After their trial, which also depended on statements obtained by torture and intimidation, Mogoerane, Mosololi and Motaung decided not to appeal through the courts but to ask for clemency direct from the State President. Now Tsotsobe, Shabangu and Moise are also left with only this procedure between themselves and sentence of death.
The morale of the condemned men was reported to be high according to Tony Holiday a political prisoner released in November 1982 from Pretoria Central Prison where they are held. He said that every night the six led the other prisoners in chanting freedom slogans.
On 22 November a prison warder at Pretoria Central was convicted of smuggling letters and documents from the condemned prisoners. Amongst the items he handled were "The People's Document Freedom Charter" for Shabangu and a handwritten freedom song for Mogoerane. Most of the hearing was held in camera with both the press and public excluded.
An international campaign has been launched to save the lives of these men and to demand prisoner-of-war status for all captured combatants. On 1 October 1982 136 nations at the United Nations General Assembly called on the South African government not to execute Mogoerane, Mosololi and Motaung. There were no votes against the resolution, and only the United States abstained.
The South African regime has made increasing use of the charge of High Treason since 1979. There have been six Treason trials in which 10 people, all members of the armed wing of the ANC, have been sentenced to death. James Mange had his sentence reduced on appeal and in June 1982 Naphtali Manana, Ncimbithi Johnson Lubisi and Tsepo Petrus Mashigo were reprieved by the State President.
The last political prisoner to be executed in South Africa was Solomon Mahlangu, also an ANC member, who was hanged in April 1979.
