Two musicians, Joseph CHARLES (24) and Rufus RADEBE (19), were both sentenced to effective four year prison terms for singing 'revolutionary songs'. They appeared in the Johannesburg Regional Court on 2 June on charges of furthering the aims of the ANC.
It was alleged that the two chanted ANC slogans and sang ANC songs at a music festival in Roodpeertoord on 12 February. They both pleaded not guilty. They were sentenced to six years jail, two of which were conditionally suspended for five years (S 20.5.83; RDM 3.6.83).
Three people who were acquitted on charges of attempting to leave the country to receive military training were found not guilty of 'Terrorism' in the Ladybrand Regional Magistrates Court on 15 March.
Simon Cyprian NOMVALO, David CEBISA and George XOLELISWE were charged with contravening section 54 of the Internal Security Act. They pleaded not guilty.
The State alleged that they conspired with others to leave South Africa for Lesotho to receive ANC military training. Seven others who were arrested with them appeared as State witnesses. The evidence they gave was so contradictory it led to the acquittal verdict (SASPU National, May 1983).
CONTINUING TRIALS
DUNA AND OTHERS
Horrible details of torture have been revealed in the Terrorism Act trial taking place at Zwelitsha in the Ciskei bantustan area.
William DUNA (31), Jeffrey Bayi KEYE (52), Dumisani MANINJWA (31) and Luyanda Patrick MAYEKISO (23) are appearing in the Ciskei Supreme Court on charges of taking part in 'terrorist' activities, recruiting people for military training, being members of the ANC and being in possession of and distributing banned publications. They have pleaded not guilty on all counts.
In a trial-within-a-trial to determine the admissability of statements made by the accused, they, as well as other witnesses, gave evidence of how they were tortured. Duna explained how at one time a tube was placed into his anus and he felt warm water being pumped into his stomach. The tube was removed and immediately forced into his mouth and the force resulted in a tooth being broken. Maninjwa explained how he had been hit with a straightened wire hanger by security police who forced him to write in his statement how he had received military training in Lesotho. Mayekiso explained how he was beaten and kicked in his private parts. At one stage his head was covered with a motorcar inner tube causing him to lose consciousness.
Thozamile GQWETA, the president of the South African Allied Workers Union, gave evidence for the defence. He told how he was suspended by handcuffs from window bars and given electric shocks when he was in detention. He was stripped naked and then drenched with water. He was then ordered to squat before a fan to dry himself. He shivered with cold and when dry he was drenched again.
The trial was postponed on 24 March to 23 May (DD 1/2/3/4/5/24/25.3.83; RDM 23.3.83; see FOCUS 45 p.4, 44 p.6, 43 p.5, 42 p.3).
LUBISI, MANANA AND MASHIGO
Three ANC members, serving life sentences for conviction in 1980 on charges of high treason, were sentenced in the Pretoria Supreme Court on 21 May to a further 15 years imprisonment for attempted murder and robbery with aggravating circumstance.
Ncimbithi Johnson LUBISI (30), Naphtali MANANA (26) and Petrus Tsepo MASHIGO (22) were sentenced to death on 26 November 1980 for their part in the guerilla attack on the Soekmekaar police station in January 1980. Their death sentences were commuted to life imprisonment in June last year after worldwide appeals for clemency to the South African government.
The defence at this new trial described how the three had been held in the death cells for 19 months and had suffered intense mental agony. They were held in isolation and had been allowed five to ten minutes exercise per day. They had heard the screams of people being taken manacled to the gallows.
The new trial was connected with the Soekmekaar attack. A sentence of 10 years imprisonment was imposed for attempting to kill a police constable at the police station and five years for stealing a light delivery van for use in the attack (RDM 21.5.83; see FOCUS 32 p.8).
MOTLHABAKWE AND OTHERS
The Kimberley trial of five students reported in FOCUS 40 p.4 (May–June 1982) is still in progress in the Kimberley Regional Court.
The trial of the five, Sello Neville MOTLHABAKWE (20), Johannes KERS (21), Eugene MOKGOASI (22), Nelco HLATSWAYO (22) and Ben FANI (23), is considered as probably the longest lasting trial in South African regional court history. The charges relate to events that allegedly occurred during the school boycotts in Kimberley in September 1980. The trial began in April 1981 and has proceeded with long adjournments and postponements. By the beginning of May the trial had cost the defence at least R284,000. The evidence which had accumulated totalled 11,104 pages contained in 140 volumes. Judgement is due to start on 4 July (S 13.4.83, 6.5.83; Star 7.5.83; see FOCUS 40 p.4, 36 p.8, 35 p.4. See also REVIEW: STATE WITNESSES in this issue).
MOKABA, MAAKE AND NHLAPO
The trial of three former University of the North students, Peter Ramoshoane MOKABA (24), Jerome Joseph MAAKE (20) and Portia Makhosazana NHLAPO (24), continued in the Pietersburg Regional Court on 27 April. They face 32 charges under the Internal Security and Terrorism Acts.
It is alleged that Mokaba participated in the activities of the ANC by recruiting people between May 1980 and June 1982.
No evidence was led and the case was provisionally postponed to 6 May (RDM 28.4.83; SASPU National, May 1983; see FOCUS 46 p.7).
SIPHIWE MAKHATHINI
Siphiwe Wilfred MAKHATHINI (26) was committed to the Supreme Court for a summary trial on 18 charges under the Terrorism and 'Sabotage' Acts when he appeared in the Durban Magistrates Court on 12 May.
It is alleged that he left South Africa in 1977 and received military training before returning to South Africa last year. He was arrested near Piet Retief on 16 September 1982.
The State also alleges that during April and May last year he sabotaged the water pipeline at the Umlazi Canal, a pipeline at Chesterville and the Ilco home centre in Durban (S 13.5.83).
MNIKINA AND MATUTU
Two men, Monwabisi MNIKINA and Thembinkosi MATUTU, appeared in the Mdantsane Magistrates Court on 30 March on a charge of 'Terrorism' under the Ciskei National Security Act and an alternative charge under the same Act. They were not asked to plead and no evidence was led. They were remanded in custody and were due to reappear on 16 May (DD 31.3.83).
MALISELA MOLOISE
Malisela Benjamin MOLOISE (26) who is alleged to have murdered a security policeman on 7 November last year appeared in the Pretoria Supreme Court on 4 May.
Moloise is alleged to have murdered Detective Warrant Officer Philipus Selepe, a security policeman who gave evidence for the State in the trial of three ANC guerillas who were subsequently sentenced to death (S 26.4.83).
HEADLEY KING
A Cape civic organisation member, Headley Moses KING (26), appeared in the Paarl Regional Court on 17 and 18 May on charges under the Internal Security Act.
King is charged with being a member of the ANC, with having attended ANC meetings and studied ANC documents. He earlier pleaded not guilty to the charges. The hearing was adjourned to 1 August for judgement (CT 18/19.5.83; FOCUS 46 p.8–9).
OTHER TRIALS
- Eleven mineworkers who took part in a strike at an Eastern Transvaal gold mine in April last year were jailed for a total of 27 years – half of which was suspended – when they appeared in the Evander Magistrates Court on 14 March.
They were among 29 miners arrested after a strike at the Gencor Winkelhaak mine near Evander and charged with public violence. Thirteen of the miners had charges withdrawn, one man was in hospital and four did not appear. Five received three year jail terms, half suspended for five years. Five received two year terms, half suspended for five years and one man received a two-year term with nine months suspended (DD 15.3.83; see FOCUS 45 p.5, 43 p.3).
- Five miners appeared in a Welkom court on 12 April on charges of public violence following a protest by nearly 700 miners who refused to go underground after 16 colleagues died in a methane gas explosion four days previously. The accident occurred at the Besia uranium mine near Welkom (DD 12.4.83).
- The trial of two people, Terry LUCAS (22) and Michael ABRAMSE (23), charged with possessing banned publications was adjourned to 17 June on 19 April in the Cape Town Regional Magistrates Court. The trial could not continue because two police witnesses failed to appear. A warrant for their arrest was issued.
Abramse and Lucas are charged under the Internal Security Act and the Publications Act. Bail of R100 was extended.
- Diliza Benedict MATSHOBA (30), a political science student and part-time journalist was fined R200 in the Johannesburg Magistrates Court on 26 April after being found in possession of a banned publication (RDM 26.4.83).
