POLITICAL TRIALS
CONVICTIONS
ISAAC GENU
An executive member of the Kagiso Residents Organisation who was allegedly found in possession of clothes bearing the colours of the ANC, appeared in the Krugersdorp Regional Court at the beginning of July charged with being a member of the ANC.
Isaac GENU (30) also faces alternative charges of being in possession of clothes and a publication which indicated he was a member of the ANC and with taking part in the activities of the ANC. He pleaded not guilty to all the charges.
GENU was arrested on 4 March with Sister Bernard NCUBE and two employees of the Kagiso Self-Help Centre who were charged with the possession of banned literature. The Kagiso Residents' Organisation has been fighting rent increases in the township.
Police alleged that when they raided Genu's house they found T-shirts and scarves in the ANC colours bearing such slogans as 'Viva Mandela'. A state 'expert' witness said the ANC was mobilising schoolchildren, workers and church people to promote its struggle.
On 9 August Genu was convicted and sentenced to eight years: four years for membership of the ANC, four years for taking part in the activities of the ANC and six months for possession of an ANC publication, 'Mayibuye'. The six-month sentence was to run concurrently with the eight years.
HEADLEY KING
On 1 August, Headley KING (27) was convicted in the Paarl Regional Court of taking part in the activities of the ANC. He was sentenced to 18 months, of which six months was suspended for four years on condition he was not convicted again of contravening Section 13 of the Internal Security Act.
The court found that King had received money and documents, had submitted reports to the ANC about conditions in the Cape and had 'introduced' Michael Coetzee to the ANC.
When Michael COETZEE (23), a University of Western Cape student, was called as a state witness and asked to take the oath, he swore by Oliver Tambo, the ANC president. He was described by the magistrate as an unreliable witness after denying the contents of a sworn statement made to the security police during detention. Made as an accomplice, he was subsequently charged with perjury and held as an awaiting trial prisoner.
Another person called as a state witness and named as an accomplice, Zelda HOLTZMAN (21), continued to be held under section 31 of the Internal Security Act (detention of witnesses).
MOSES LANGA
A Soweto man was sentenced to an effective three years imprisonment for possession of a pistol 'with intent to commit acts of terrorism'.
Moses LANGA (38) was sentenced in the Johannesburg Regional Court on 13 July to the minimum five year prison sentence under the Terrorism Act. Two years of the sentence were conditionally suspended for five years. He was acquitted on a further charge of gathering information for the ANC.
LANGA, who pleaded not guilty, admitted receiving the pistol from visitors from outside South Africa, but had no intention of using the gun and had sold it within four hours of receiving it.
MOKABA, MAAKE AND NHLAPO
The case of Peter Ramoshoane MOKABA (24), Jerome Joseph MAAKE (20) and Portia NHLAPO (24), in which they faced 32 charges under the Terrorism and Internal Security Acts, was concluded in the Pietersburg Regional Court in early August.
In a trial within a trial details were given of alleged police mistreatment used to force the accused to make statements. Mokaba claimed that he was handcuffed, chained and made to stand for several nights without sleep. At one stage his head was hit against a wall and he was denied food. The allegations of assault were however dismissed by the magistrate.
In August MOKABA and MAAKE were convicted while NHLAPO was acquitted. Mokaba was found guilty on five counts including membership of the ANC, receiving military training and setting up a dead letter box. Maake was convicted on eight counts including possessing a hand grenade and receiving military training. They were due to be sentenced on 12 August.
MOLOI AND MASHEGO
Two people were convicted in the Johannesburg Regional Court on 10 August on charges connected with possessing and playing an ANC tape recording.
Peter Thabo MOLOI (29) and Jacob MASHEGO (24) appeared in the Johannesburg Regional Court at the beginning of July. It was alleged that they played a recording of ANC music in a Soweto hotel in November last year. The two faced an alternate charge of advocating or encouraging the aims and objects of the ANC.
Giving evidence, a security policeman admitted adding 19 lines onto a transcript of the tape. He said he could not explain the discrepancies as he had transcribed the tape six months earlier.
Mashego was sentenced to five years (two suspended) for furthering the aims of the ANC plus an additional year, to run concurrently, for possessing a tape of a song by Harry Belafonte and Miriam Makeba said to promote the aims of the organisation. Moloi was sentenced to two years (one suspended) for possession of a tape cassette containing a message by Oliver Tambo, ANC president.
MALISELA MOLOISE
The trial of Malisela MOLOISE is reported on p.1 of this issue.
KARABO MOTLANA
The son of Dr. Nthato Motlana, chairman of the Soweto Committee of Ten, Karabo MOTLANA (22) has fled from South Africa to Botswana where he has applied for asylum.
Motlana failed to appear in court on 26 May to answer charges of furthering the aims of the ANC and for possessing banned literature. A warrant for his arrest was issued when he failed to appear in court.
MOTLHABAKWE AND OTHERS
Five people from Galeshewe, Kimberley, were found guilty of 'terrorism' in the Kimberley Regional Court on 13 July and sentenced to between 10 and 13 years imprisonment. All were found guilty on a first charge under the Terrorism Act, and four were convicted on a second charge under the same Act. The magistrate ruled that three years of the sentences should run concurrently with the first charge.
Neville Sello MOTLHABAKWE (21) was sentenced to eight years for each of the charges an effective 13 year sentence. Nelcom HLATSWAYO (22) was given eight years for the first charge and five for the second, an effective ten years. Ben FANI (23) was sentenced to ten years on the first charge. Johannes KERS (21) was given seven years for each charge, an effective 11 years. Eugene MOKGOASI (22) received seven years for the first charge and eight years for the second, an effective 12 years.
The trial arose out of events connected with the school boycott in Kimberley in September 1980. The police claimed that pupils had 'go on the rampage' through a white residential area after a meeting in a community centre. The pupils claimed that the damage to property had occurred after police had used teargas and baton-charged them.
MPETHA AND 17 OTHERS
In the previous issue of FOCUS it was reported that judgement in the trial of Oscar MPETHA (74) and 17 others was given on 6 June in the Cape Supreme Court and that sentence was pending.
Sentence was subsequently passed on 28 June. Mpetha was sentenced to the mandatory minimum five year prison term under the Terrorism Act. Ten others were also sentenced to prison terms. Their names and sentences are: Christopher SPARANYI - effective seven years (five for 'terrorism', seven for murder); Morgan MAKUBALA - effective 15 years (15 years for each of two counts of murder, five years for 'terrorism'); Aaron TSHANGAMA - effective 15 years (15 years for each of two counts of murder); Peter KUBE - effective 18 years (18 years for each of two counts of murder, five years for 'terrorism'); Aaron SABUWA - effective 12 years for 'terrorism'; Johannes HLAPO - effective 20 years (20 years for each of two counts of murder, five years for 'terrorism'); Jeffrey BAARDMAN - effective 10 years (10 years for murder, five years for 'terrorism'); Vuyisile DIBA - effective 15 years (15 years for murder, five years for 'terrorism'); Richard MAPONDO - effective 20 years (20 years for each of two counts of murder, five years for 'terrorism'); Philip NYONGWANA - effective 10 years (10 years for each of two counts of murder, five years for 'terrorism'). Seven of the 18 were acquitted on all charges because of lack of evidence. They are: Peter HENDRICKS, Welile MAZOTANA, Vusumzi MBETHA, Fumanekile BOOI, Vuyisile MZAZA, Makawa JABAVU and Joseph PHIKE.
Booi was re-arrested shortly after his release in connection with a charge of public violence. The arrest relates to incidents which took place in Graaff Reinet in May 1980.
The trial, which began in March 1981, arose out of incidents near Crossroads, Cape, in August 1980 during the bus boycotts. Two motorists were killed in the unrest: their cars were overturned and set alight at a barricade.
On 29 June Mpetha was granted leave to appeal against his sentence and was released on compassionate bail of R1. Leave to appeal against their five year sentences under the Terrorism Act was also granted to Sparanyi, Makubala, Kube, Sabuwa, Hlapo, Baardman, Diba, Mapondo and Nyongwana. They were not released on bail, however.
VUMANKOSI NTIKINCA
Vumankosi Lawrence NTIKINCA (25) was sentenced to an effective four year jail term in the Umtata Supreme Court on 17 June.
He was found guilty on the main charge of having taken part in the activities of the Pan Africanist Congress, and the alternative charge of possession of a firearm and ammunition without a license. Leave to appeal was granted.
THÉMBILE PHANTSIE
The trial of Thembile John PHANTSIE was not reported in the South African press. On a list published on 1 July of people who may not be quoted under the Internal Security Act, appeared the name of PHANTSIE. It states that he had contravened Section 13(1)(a)(ii) of the Internal Security Act, which concerns being in possession of or displaying anything indicating membership of or association with organisations declared illegal.
There are no details of charges, date of sentence or length of sentence.
CONTINUING TRIALS
VRONDA BANDA
An alleged member of the ANC, Vronda Zebulon BANDA (25) has pleaded not guilty to charges of high treason and participation in 'terrorist' activities.
Banda appeared in court on about 14 June. The charges against him include planning acts of violence against police stations and other facilities. No other details are known.
Banda was arrested in January.
DUNA AND OTHERS
The trial of William Mabone DUNA (31), Jeffrey Bayi KEYE (52), Dumsani Bizette MANINJWA (31) and Luyanda Patrick MAYEKISO (23) continues in the Ciskei Supreme Court.
In the previous issue of FOCUS details of allegations of police torture were given. When the trial resumed on 23 May several former detainees gave further details of torture in a trial within a trial to determine the admissibility of confession statements. Among the methods they mentioned as used by the police to extract confessions were assault, wet bags pulled over heads to hinder breathing, electric shocks, throttling, and suspension between two tables by a stick between handcuffed legs and arms. One detainee, Siseko VANYAZA, said he was tortured for two weeks and had suffered an epileptic fit as a result. The security policemen involved denied the allegations.
The four accused went on hunger strike on 22 May. Keye collapsed in prison and was admitted to hospital. The others were kept in solitary confinement.
The four have pleaded not guilty to charges of participating in 'terrorist' activities, being members of the ANC, recruiting people to undergo military training and being in possession of banned publications.
On 2 August the judge ruled their pre-trial statements admissible.
DIETER AND RUTH GERHARDT
Commodore Dieter GERHARDT (47) and Ruth GERHARDT (41) appeared in the Pretoria Magistrates Court on 16 June in connection with allegations of high treason. The couple will stand trial in the Cape Town Supreme Court on 5 September. They were not asked to plead and no formal charges were read out, although the magistrate informed them that the Attorney-General had decided that they would be charged with high treason. They were not granted bail and were remanded in custody.
The former Simonstown Naval Base Commander and his wife are alleged to have passed military secrets to the Soviet Union.
KWADI, MOILWA and TSELE
Amanda KWADI, an executive member of the Federation of South African Women, appeared in the Johannesburg Magistrate's Court on 5 August charged with participating in the activities of the ANC. Kwadi was charged with George MOILWA (35), an executive member of the Mohlakeng Civic Association and Samuel TSELE (31) of Krugersdorp. The case was adjourned to 31 August. Kwadi has been detained a number of times previously. She played a major part in organising a week of events to commemorate South African Women's Day on 9 August.
SIPHIWE MAKHATINI
Secrecy surrounded the trial of Siphiwe MAKHATINI (26) which began in the Pietermaritzburg Supreme Court in August 1982. Makhatini pleaded not guilty to charges including receiving military training and causing three explosions in the Durban area during 1982. He pleaded guilty to illegally possessing a firearm and ammunition.
The press and public were totally excluded from the court while three state witnesses gave their evidence in camera. On 4 August the judge hearing the case authorised the release of a summary of this evidence. Makhatini was alleged to have undergone training in Tanzania. It is alleged that he and an accomplice took up residence in a township outside Durban in April 1982, and amongst other explosions caused a bomb blast in Pinetown in May 1982.
SISTER BERNARD NCUBE
Sister Bernard NCUBE, charged in the Krugersdorp Regional Court with promoting the aims of the ANC and possession of banned literature, appeared again on 6 May when the case was remanded to 9 June for trial. Since a brief appearance on 9 June, no further information has been available.
ALBERTINA SISULU
Albertina SISULU appeared in the Johannesburg Regional Court on 8 August charged with participating in the activities of the ANC while she was banned. Sisulu and Thami MALI (25) were charged under the old Suppression of Communism Act (1950). They were remanded in custody to appear on 17 August.
OTHER TRIALS
YOUTHS AND STUDENTS
- The 'Fort Hare Trial' of 17 students and a field worker of the Border Council of Churches, Alfred METELE, was concluded in the Zwelitsha Regional Court at the beginning of July. The 18 were sentenced to 200 days imprisonment, alternatively a fine of R400 each, when they were found guilty on charges of public violence.
The accused were charged following the stoning of the Ciskei 'President's' motorcade at the graduation ceremony at the University on 1 May last year. They have all appealed against their conviction.
- Twenty-two Fort Hare University students appeared, in the Alice Magistrates Court on 13 June charged with public violence. The students were arrested following a demonstration and a one-day boycott of classes in protest at the hanging of three ANC guerillas (Mogoerane, Mosololi and Motaung).
Charges against eight of the students were later dropped and the other 14 were released on R100 bail each.
- Four University of the North students appeared in the Mankweng Magistrates Court in early June on charges of burning down the campus bookshop in June last year.
One of the four, Eric HLABAHLABA (25), failed to appear and a warrant for his arrest was issued. The other four are Ian PETJE (21), Mangalam HLONGWANE (23), Gerson KQOBE (23) and Rhuleni MAHLABA (22). The case was due to resume on 29 July.
- Three University of the North students appeared in the Mankweng Magistrates Court on 14 July on charges of public violence.
The three are Rose Maphuti LEPHONDO (21), Josephine RAMUSHU (20) and Jacob RAFAPA (23). The charges against them arose from an incident at the University on 16 June 1982. All three were allowed bail of R100 each and the case was postponed to 31 August.
MISCELLANEOUS
- A field worker of the Dependants Conference has been found not guilty on two counts of possession of banned literature.
Mzwandile MSOKI (40) was acquitted in the Zwelitsha Regional Court on 30 June. The State failed to prove that the documents were in contravention of the Ciskei National Security Act. Msoki was detained on 30 December last year.
