Between 11 March and 19 May ten people were sentenced in five political trials to jail terms totalling 45 years and ranging from two and a half years to 15 years. The trials involved people charged with treason, attempting to leave the country for military training, acting as couriers for the ANC and possessing banned literature.
A large number of political trials have commenced in the three months since the beginning of February. Most of these involve people who are alleged to have engaged in activities connected with the African National Congress. Five trials involved charges of 'Terrorism'. Others involve charges of murder, attempted murder and singing of 'revolutionary songs'.
The Oscar Mpetha trial which began in March 1981 has now ended. It was the second longest trial in South African legal history. Some of the accused in this trial were minors when the trial commenced. One person was acquitted during the trial.
CONVICTIONS AND ACQUITTALS
OSCAR MPETHA AND OTHERS
Judgement in the marathon trial of Oscar MPETHA (73) and 17 others was given on 6 June in the Cape Supreme Court. Mpetha was found guilty of 'terrorist' activities but acquitted of murder charges. Sentence has still to be passed.
The 225-day trial was the second longest hearing in South African legal history. The longest was the Treason Trial which lasted from 1956 to 1961 in which Nelson Mandela and 155 were acquitted of attempting to overthrow the state.
More than 100 witnesses testified in the Mpetha trial, which began on 3 March 1981. The court record covers more than 10,000 pages.
Mpetha and the others pleaded not guilty to the charges of 'Terrorism' and two counts of murder. One of the original 19 accused, Lawrence LEROTHOLI, was discharged because of lack of evidence in September last year.
The State alleges that the accused committed or encouraged others to commit 'terrorist' activities in August 1980. The muder charges follow the deaths of two motorists during unrest near Crossroads in 1980. The cars were overturned and set alight at a barricade (T 7.6.83; CT 6.5.83; see past issues of FOCUS).
KHAYA SKWEYIYA
An ANC guerilla whose alleged mission was to destroy a fuel pumping station in KwaZulu was found guilty of treason and assault and sentenced in the Pietermaritzburg Supreme Court on 19 May to an effective 15 years imprisonment.
Khaya SKWEYIYA (21) was arrested in October last year after being shot by the police. A man named as a co-conspirator in the indictment, Lucky Ntsele, died of bullet wounds during a shootout prior to Skweyiya's arrest.
The charges against Skweyiya were 12 counts of treason, 'Terrorism', participation in 'terrorist' activities, unlawful possession of arms, ammunition, grenades and explosives, and murder and attempted murder. A two year sentence for assault with intent to commit grievous bodily harm runs concurrently with the sentence for treason (CT 10.5.83; S 7/9/20.5.83).
NTSATHA AND PETER
Nomakephu Jane NTSATHA (25), the mother of a two year old child, and Mnkekeleli Lawrence PETER (22), were sentenced to five years and three years imprisonment respectively in the Zwelitsha Magistrates Court on 22 April.
Nsatha was sentenced to three years for two charges involving membership, recruiting and being involved in the activities of the ANC, three months (or R200) for being in possession of and distributing banned publications and five years for assisting someone to undergo military training. The first two sentences run concurrently with the third.
Peter was sentenced for four charges involving possession and distribution of banned literature, membership, and being involved in the activities of the ANC.
An appeal has been lodged against the sentences (DD 22/23.4.83; see FOCUS 46 p.6, 44 p.6).
REJOICE MAKWELE
A man arrested at the South African border en route to undergo military training outside South Africa was sentenced in the Johannesburg Regional Magistrates Court on 11 April to seven years imprisonment.
Rejoice MAKWELE (24) pleaded guilty to the charge under the Terrorism Act (Cit 12.4.83).
LAZARUS MOHAU MMOLEDI
A man who possessed a tape with a recording of a speech by the president of the ANC was jailed for four years in the Johannesburg Regional Magistrates Court on 11 March.
Lazarus Mohau MMOLEDI (27) was charged with furthering the aims of the ANC by possessing and playing the tape. Bail of R2,000 was granted pending appeal (Work in Progress, No. 26; see FOCUS 46 p.6).
MAPEKULA, MOKONE AND NKOSI
Three members of the Congress of South African Students (COSAS) from the Springs township of KwaThema, Vulindlela MAPEKULA (22), Andrew MOKONE (19) and Zwandile NKOSI (21), were sentenced in the Springs Regional Court on 25 March to two (Mokone) and three year terms of imprisonment.
The accused faced charges of taking part in ANC activities. The State alleged that they conveyed messages and information from the ANC in Botswana to South Africa; formed an ANC cell; carried ANC literature into South Africa and distributed it; and received money from the ANC (Work in Progress No. 26; see FOCUS 46 p.6).
THLOLOE AND OTHERS
The former assistant news editor of the Sowetan newspaper, Joe Nong THLOLOE (40), and three others, Sipho Moffat NGCOBO (28), Nhlanganiso SIBANDA (26) and Steven Sipho MZOLO (26), were sentenced in the Johannesburg Regional Magistrates Court on 20 April to a total of 11 years imprisonment.
Thloloe and Ngcobo were each jailed for two and a half years for contravening the Terrorism Act; Mzolo and Sibanda were jailed for three years under the same Act.
At a previous hearing the four changed their plea of not guilty to guilty of taking part in the activities of the Pan-Africanist Congress between February 1981 and June 1982. They were convicted on charges of collecting and possessing documents of the PAC and the Azanian National Youth Unity.
Five others who were charged with the four sentenced were acquitted. They are Harrison Thembinkosi NOGQEKELE (26), Veli Truman MNGUNI (33), Mfana MTSHALI (18), Shadrack RAMPETE (22) and Phillip DLAMINI (30). Dlamini was not released as he is serving an 18-month jail term for refusing to testify in the Keagile trial (see FOCUS 45 p.4).
The four who were sentenced have applied for bail pending their appeal (S 19/21/22.4.83; RDM 21.4.83).
CEDRIC MAYSON
When the trial of Cedric MAYSON was due to recommence in the Pretoria Supreme Court on 18 April, the only trace of him was a long letter of apology written by him and addressed to the judge. The letter informed the judge that Mayson had left the country and fled to the United Kingdom.
Mayson (55) was facing charges of high treason, alternative charges under the Terrorism and Internal Security Acts and of furthering the aims of a banned organisation. He was released on R1,000 bail on 18 February after having been in detention since November 1981(CT 19.2.83; CT/S 19.4.83; see FOCUS 46 p. 6).
SITHOLE AND YOUTH
Two people have been sentenced to a fine and cuts in the first case under the new Demonstrations in or near Court Buildings Prohibition Act.
Njengabantu SITHOLE (24) was fined R500 (or nine months imprisonment) and a 17-year-old youth was sentenced to five cuts in the Pietermaritzburg Magistrates Court on 24 February. They were found by the court to have 'demonstrated' outside the Pietermaritzburg Supreme Court in September last year (DN 25.2.83).
ALLEN MARSDEN
A final-year University of Cape Town student, Allen Charles MARSDEN (20), was fined R1,000 (or 12 months imprisonment) for painting political slogans.
Marsden was found guilty in the Wynberg Magistrates Court on 30 March. Of the sentence imposed, R500 (or six months) was suspended for three years. In addition, he was sentenced to five months, suspended for four years, for possessing a banned ANC publication. The charges connected with the slogan painting were for malicious damage to property. He was also ordered to pay damages to the property owners (CT 30.3.83).
NKOSENYE NDLOVU
In the previous issue of FOCUS it was reported that judgement in the trial of Nkosenye NDLOVU and a 17-year-old youth was given on 10 December 1982 and that the youth was acquitted and no details of the judgement relating to Ndlovu were known.
It has now been confirmed that Ndlovu was also acquitted on the same date, in the Durban Regional Magistrates Court (see FOCUS 46 p.6, 44 p.6).
