Despite the introduction of the new Internal Security Act which in July last year replaced the Terrorism Act, people are still being convicted for alleged political offences under the old Act. This indicates the long delay in bringing people to trial, for they may only be charged under the Terrorism Act if the alleged offence was committed before July 1982.
Of the thirteen trials mentioned below which resulted in convictions or are continuing, five involve charges of high treason. These are all the most serious cases involving guerilla activities. All ten death sentences passed on ANC members since 1979 have followed convictions for high treason and the authorities are making increasing use of this common law charge.
Many 'minor' trials involving large numbers of people are taking place in courtrooms across the country. Most of these arise out of township protests against rent hikes and transport fare increases.
VRONDA BANDA: On 15 September Vronda Zeblon BANDA (25) was sentenced to 12 years imprisonment after being convicted of high treason in the Pretoria Supreme Court. The court found that Banda had left South Africa during the uprising in Soweto in 1976 and received military training from the ANC. In 1982 he returned to South Africa to set up bases for other guerillas. The father of the accused gave evidence that he had been arrested twice by the police after his son had visited him at home in Soweto, was assaulted and his left ear was injured. The police claimed that he had given shelter to his son. Leave to appeal was granted.
MAKHATINI AND SHEZI: ANC activist, Siphiwe Wilfred MAKHATINI (26), has been sentenced to terms of imprisonment totalling 18 years in two separate trials. In the first trial he was sentenced by the Pietermaritzburg Supreme Court to 18 years imprisonment on 5 August. He was found guilty of undergoing unlawful political training, possession of a firearm and ammunition and taking part in three acts of sabotage in the Durban area last year. In this trial Makhatini changed his earlier pleas of not guilty to guilty of one charge under the Terrorism Act and three counts of sabotage. Twelve other charges were dropped after his plea was changed. He had earlier pleaded guilty to two counts of possessing a gun and ammunition without a permit. He was sentenced to seven years for each count of sabotage, seven years for contravening the Terrorism Act and one year for the firearm offence. Some of the sentences are to run concurrently. In the second trial, also in the Pietermaritzburg Supreme Court, Makhatini appeared with Nthokozisi Nobleman SHEZI (18). Both were sentenced on 6 September under the Internal Security Act to 10 years imprisonment for their part in amassing a cache of arms, ammunition, explosives and ANC pamphlets in a house in Durban last year. Makhatini's entire 10 year sentence will run concurrently with his 18 year sentence. Four years of Shezi's sentence was conditionally suspended for six years. Shezi was granted leave to appeal against his sentence.
MAGXWALISA, DINCA AND CIKOZANI: Three members of the ANC were sentenced to long prison terms in the Pietermaritzburg Supreme Court on 30 September. Lungile Wiseman MAGXWALISA (27), Siphiwe Wellington DINCA (23) and Mzwakhe Hespro CIKOZANI (31) pleaded not guilty to the charges. Magxwalisa faced 21 charges, including high treason, unlawful possession of explosives, 'terrorism', attempted murder and theft. He was found, amongst other things, to have placed explosives under the railway bridge over the Orange River near Upington. Dinca and Cikozani were found guilty of intending to bomb a bridge across the White Umfolozi River between March and April this year. Magxwalisa was sentenced to 24 years imprisonment and Dinca and Cikozani to 12 years each.
MOKABA AND MAAKE: The previous issue of FOCUS (p.6) reported the conviction of Peter Ramoshoane MOKABA (24) and Jerome Joseph MAAKE (20). On 12 August the two former University of the North students were sentenced in the Pietermaritzburg Magistrates Court. Mokaba was sentenced to six years under the Terrorism Act and Maake was sentenced to an effective eight years under the Terrorism and Internal Security Acts. A third accused in the case, Portia NHLAPO, was acquitted when the other two were convicted. After handing down sentences to the two convicted, Benedicta MONAMA, who at the beginning of the trial was sentenced to 18 months imprisonment for refusing to give evidence, was acquitted after serving six months of her sentence.
FR. THOMAS STANTON: An Anglican priest, Father Thomas STANTON (62), was sentenced on 7 September in the Johannesburg Magistrates Court to six months imprisonment for refusing to make a statement before a magistrate. He was required to make a statement to help the police in their investigations into the activities of Carl NIEHAUS (see DETENTIONS) who faces treason charges. Fr. Stanton was charged under the Internal Security Act.
DUNA AND OTHERS: The lengthy terrorism trial of William DUNA (31), Dumisani MANINJWA (31), Bayi KEYE (52) and Luyanda MAYEKISO, continues in the Ciskei Supreme Court. The four have pleaded not guilty to charges of being engaged in 'terrorist' activities, being members of the ANC, recruiting people to undergo military training, and being in possession of banned literature. Earlier, gruesome details of police torture were revealed in a trial-within-a-trial.
DIETER AND RUTH GERHARDT: The trial of Ruth (41) and Dieter (47) GERHARDT on charges of high treason commenced in the Cape Town Supreme Court on 5 September. A seven page indictment alleged that they had communicated with agents used by the Soviet Union. In the case of Commodore Dieter Gerhardt, the former commanding officer of the Simonstown naval dockyard, he is alleged to have established and maintained a communications network during the period from 1962 to January 1983. Ruth Gerhardt is accused of 'maintaining the Secret communications network that ... (Dieter Gerhardt) ... had established'. Both Gerhardts pleaded not guilty to the charges. An application was made by the state to have the public excluded from the proceedings in the interests of state security. For this reason no details of the State's case have been made known. The State's case was expected to last for at least five weeks.
HINA AND OTHERS: Ten people from Port Elizabeth were due to appear in court on 5 September to face charges of high treason, but no report of their appearance has yet appeared in the press. The ten initially appeared in the Port Elizabeth Magistrates Court on 25 July but were not asked to plead and no evidence was led. They are: Sipho Fielden HINA (44), Lindela Patrick MBELEKANA (27), Vukile Wellington GUMENGE (29), Christopher Nceba FAKU (27), Douglas TYUTYU (48), James Mongama NGQONDELA (54), William Mzufani KHAME (57) and Mzimikhulu Ntemi KHAME (22).
MOLOTSE AND MOLEFE: Two alleged members of the ANC appeared in the Pretoria Supreme Court from 19 September on charges of high treason, two alternative charges under the Terrorism Act and attempted murder. Alpheus Zachariah MOLOTSI (28) and Jacob MOLEFE (23) pleaded not guilty when they appeared in the Pretoria Magistrates Court in June. It is alleged that both the accused joined the ANC in 1976 and received military training in various countries. They allegedly entered South Africa during 1982-83 and planned to erect hiding places and caches from which guerillas could launch attacks. During the same period they allegedly smuggled large quantities of arms and ammunition into the country. Molotsi is also alleged to have encouraged another person to join the ANC and undergo military training. The first days of state evidence was given in camera to protect the identity of state witnesses.
KWADI, MOILWA AND TSELE: An executive member of the Federation of South African Women and prominent Soweto social worker, Amanda KWADI; an executive member of the Mohlakeng Civic Association, George MOILWA; and a Lutheran priest, Reverend Samuel TSELE, appeared in the Krugersdorp Regional Court in the first week of September. They are charged under the Internal Security Act with furthering the aims of the ANC. They were not asked to plead. The trial was postponed to 31 October and the three were remanded in custody.
MOKOKA AND DAU: Two members of the South African Allied Workers Union (SAAWU), charged with furthering the aims of the ANC and being in possession of banned literature, had their case postponed in the Pretoria Magistrates Court on 9 September to 14 November. The accused are Gabriel MOKOKA (27) and Gerald DAU (28), both from Atteridgeville, Pretoria.
SISTER BERNARD NCUBE: A Roman Catholic nun, Sister Bernard NCUBE (48), appeared in the Johannesburg Regional Court on 22 October charged with the illegal possession of two banned publications. Sister Bernard pleaded not guilty to the charges of possessing an excerpt from Sechaba, an ANC journal, and a banned student publication on the South African military. Sister Bernard said that the Sechaba article had been sent from overseas and she did not know its source. The other publication she had received at a conference and did not know it was banned. The trial was postponed until 1 December pending further investigations. Bail of R300 was extended. Sister Bernard was arrested on 4 March with Isaac GENU and two employees of the Kagiso Self-Help Centre. Genu was found in possession of clothes bearing the colours of the ANC and of banned literature. He was sentenced on 9 August to eight years imprisonment, for membership of the ANC, taking part in the activities of the ANC, and for possession of an ANC publication.
ALBERTINA SISULU: Albertina SISULU (66) was due to stand trial from 17 October in the Krugersdorp Regional Court for allegedly taking part in ANC activities. She appeared in the Johannesburg Regional Court on 17 August with Thami MALI (25) where the trial was postponed to the October date. Many spectators were present in the public gallery when she appeared. SISULU – as well as MALI – has been charged under the old Internal Security Act which means that the alleged offences were committed while she was still banned. Her banning order expired at the end of June this year. She has been in detention since her arrest on 5 August.
OSCAR MPETHA AND OTHERS: The Bloemfontein Appeal Court on 22 August refused Oscar MPETHA (74) leave to appeal against his conviction for participation in 'terrorist' activities. Mpetha, however, remains free pending an appeal against his five year sentence under the old Terrorism Act. Ten others who were convicted with Mpetha were on 5 September refused by the Appeal Court leave to appeal against their convictions and sentences. The ten who appealed against their convictions and sentences under the Terrorism Act were also convicted of murder charges. The trial arose out of an uprising near Crossroads in the Cape in 1980 and lasted over two years. Seven others were acquitted when Mpetha and the other 10 were sentenced.
NIEHAUS AND LOURENS: Two BA students from the University of the Witwatersrand appeared in the Johannesburg Magistrates Court on 26 September. Carl Gerhardus NIEHAUS (23) and Johanna Jansie LOURENS (23) were charged with high treason, alternatively with contravening the Terrorism Act. Both were remanded in custody. The court proceedings were disrupted by spectators who sang freedom songs when the two accused appeared. The magistrate ordered the doors to the spectator gallery to be closed while police took the names of those present.
