In the two months from the end of September 1983 four people were convicted of high treason in two major political trials. The four were sentenced to a total of 52 years imprisonment.
In one of the trials, that of Niehaus and Lourens, the conviction for treason follows the precedent established in the trial of Barbara Hogan in October 1982, when in the view of legal observers the court equated membership of the ANC with high treason.
The two treason trials also confirm the pattern now established of charging people in the most serious political cases with treason rather than under the 'terrorism', 'subversion' and 'sabotage' provisions of the new Internal Security Act.
A number of trials under way are concerned with the possession of banned literature or objects connected with banned organisations. In several of these the possession of ANC literature is being equated with furthering the aims of the ANC, making the charges far more serious.
CONVICTIONS AND ACQUITTALS
KWADI, MOILOA AND TSELE
Three people who were charged under the Internal Security Act for creating support for the ANC by arranging a commemoration service to celebrate Women's Day on 9 August, have been acquitted.
Amanda KWADI (31), George MOILOA (29) and Reverend Molefe TSELE (27) were acquitted in the Krugersdorp Magistrates Court on 11 November 1983.
The magistrate said there was no evidence that the arrangements the accused had made for the commemoration service would be profitable to the ANC or further its aims. Defence counsel argued that the celebration was an annual event and could not be considered as an ANC event or one which promoted its aims.
MOLOTSI AND MOLEFE
Two self-confessed members of the ANC convicted of high treason shouted political slogans after being sentenced to a total of 33 years imprisonment in the Pretoria Supreme Court on 21 October 1983.
Alpheus Zacharia MOLOTSI (28) and Jacob MOLEFE (23) were sentenced to 18 years and 15 years imprisonment respectively. Both were accused of entering the country in February 1983 to undertake reconnaissance and prepare bases for guerilla activity. Their aim was to sabotage power stations, fuel depots, police stations and sewerage systems.
NIEHAUS AND LOURENS
The treason trial of Carl Gerhardus NIEHAUS (23) and Johanna LOURENS (23) ended in the Rand Supreme Court on 24 November 1983.
Niehaus was sentenced to 15 years imprisonment for high treason and three years for each of two charges under the Internal Security Act, to run concurrently with the 15 years. Lourens was sentenced to four years imprisonment for high treason.
The trial began on 7 November. Both pleaded not guilty to the charge of high treason and to the lesser charges under the Internal Security Act.
The indictment alleged that they learned a secret ANC code through which they regularly communicated with the ANC. They allegedly received coded instructions by telephone, post, couriers and through 'dead letter boxes'. Other messages were received during meetings with ANC members during visits they made to Botswana.
Niehaus admitted to planting a pamphlet bomb outside the SADF recruiting office in Johannesburg and taking photographs and preparing plans for attacking the Johannesburg municipal gasworks. He is also accused of recruiting Catherine HUNTER (23) in 1982 to assist with activities on behalf of the ANC.
Together they are accused of compiling and distributing various pamphlets.
On the third day of the trial a person who had shared a house with Niehaus and Lourens, Robert Whitecross, revealed that he was a member of the security police and had manipulated the activities of the accused for 18 months. Photographs were taken by the security police of Niehaus reconnoitring the Johannesburg gasworks.
Defence lawyers conceded on 15 November that Niehaus had committed high treason by furthering the aims of the ANC, but asked the court to look at the extent of the treason. They claimed that the State's case against Lourens had not been proved.
CONTINUING TRIALS AND APPEALS
DUNA AND OTHERS
The trial of William DUNA (31), Dumsani MANINJWA (31), Jeffrey Bayi KEYE (52) and Luyanda MAYEKISO under the Terrorism Act continues in the Ciskei Supreme Court. This trial began in March 1982 and by December 1983 no end was in sight. The four are charged with engaging in 'terrorist activities', being members of the ANC, recruiting people to undergo military training, and being in possession of banned literature.
At the beginning of November 1983 the defence counsel argued that the Terrorism Act under which the four are accused conflicted with the Ciskei Constitution Act which includes a Bill of Rights. This Act, which has effect in the Ciskei bantustan area, repealed the Terrorism Act in that area.
Giving evidence in September 1983, Mayekiso told how assaults during his detention had left his front teeth broken and his testicles and left side of his face swollen. When he was taken to a magistrate to make a confession he noticed that the magistrate was not recording his answers. He indicated that he was not willing to continue, whereupon the magistrate immediately phoned the security police who assaulted him in the magistrate's presence.
DIETER AND RUTH GERHARDT
The State ended its case in the treason trial of Dieter (47) and Ruth (41) GERHARDT at the end of September 1983. Because the trial, in the Cape Town Supreme Court, was held in camera few details have become known.
The defence began its case on 11 October 1983, also behind closed doors, and amid tight security. The trial was not expected to be concluded before the end of November 1983.
Commodore Dieter Gerhardt was the commanding officer of the Simonstown naval dockyard until his arrest on 8 January 1983 in New York, allegedly for spying for the Soviet Union.
After being arrested in New York and interrogated by United States and British intelligence he was sent back to South Africa. It is claimed in a British newspaper report that he supplied Soviet military intelligence with details about a wide range of British and South African naval equipment, including details of the South African monitoring station at Silvermine, near Simonstown.
Ruth Gerhardt is alleged to have acted as a courier, taking information to Switzerland where it was passed to Soviet agents.
MOKOKA AND DAU
The case of two members of the South African Allied Workers Union, who are charged with furthering the aims of the ANC and possessing banned literature, was postponed in the Pretoria Regional Court on 14 November 1983 to 30 January.
Khomotse Gabriel MOKOKA (27) and Gerald Romaano DAU (28) were not asked to plead and were released on R500 bail each.
MALISELA MOLOISE
The appeal of Malisela Benjamin MOLOISE (28) against his death sentence was turned down by the Appeal Court on 24 November 1983.
Moloise was sentenced on 6 June 1983 for the assassination of Warrant Officer Phillipus Selepe in November 1982. Warrant Officer Selepe had given evidence against three ANC members, Jerry Mosololi, Marcus Motaung and Simon Mogoerane who were executed in June 1983 for high treason.
Throughout his trial Moloise denied the charges. He said that statements he had made to the police and before a magistrate had been made out of fear.
The Secretary-General of the ANC has issued a statement which says that the ANC is satisfied that he is being victimised, that he was wrongfully accused and is innocent of the charges against him.
SISULU AND MALI
The trial of Albertina SISULU (66) and Thami MALI (25) was postponed on 26 October 1983 to 23 January.
The two appeared in the Krugersdorp Regional Court on charges of furthering the aims of the ANC. Their appearance is a sequel to the funeral service of Rose Mbele, a former member of the Federation of South African Women, in Soweto on 16 January 1982.
The State alleges that the two sang songs praising the aims of the ANC, its activities and leaders. It is further alleged that they distributed pamphlets and stickers, displayed ANC flags, draped the coffin of the deceased with an ANC flag, distributed pieces of paper in the ANC colours and wore the same as mourning ribbons, praised the deceased for furthering the aims of the ANC, created sympathy and support for the ANC and conspired with others to carry out these actions.
THLOLOE AND OTHERS
An appeal against sentence by Joe THLOLOE, Sipho NGCOBO, Nhlanganiso SIBANDA and Stephen MZOLO was due to be heard on 4 October.
The four are appealing against their sentences received in April 1983 for being in possession of banned literature. Their legal representatives maintain that they committed no acts of violence nor did they intend distributing the illegal literature, yet they were given sentences commensurate with having done so. The sentences ranged from two to three years of imprisonment.
NONTLANTANE AND TSHOLETSANE
Two organisers of the African Mineworkers' Union, Themba NONTLANTANE and Patrick TSHOLETSANE, appeared in the Rustenburg Magistrates Court on 21 September 1983 to face a charge of furthering the aims of an unlawful organisation.
According to a spokesman of the trade union the two had gone to Rustenburg to recruit miners to the union when they were arrested.
THOMSON RAMANALA
Thomson RAMANALA (25) appeared in the Pretoria Regional Court on 31 September on charges under the Terrorism Act. The State alleges that he was a member of the ANC. Alternative charges are that he possessed ANC literature, which showed he was connected with the organisation, and that he had furthered the aims of the ANC.
He was not asked to plead and no evidence was led. The case was postponed to 28 November 1983. He was released on R500 bail.
OTHER TRIALS
TOWNSHIP PROTESTS
The widespread protests in black townships reported in the previous two issues of FOCUS continued in many areas of South Africa. These protests have mostly been in response to rent increases, transport fare increases, removals and apartheid education.
Press reporting of trials resulting from these protests is poor but the following cases illustrate the issues involved, and the ways in which the law is used against participants in the protests.
In one case the accused has been charged for alleged offences committed seven years ago - during the 1976 uprisings.
- Twenty three people, 21 of whom are journalists, appeared in the Johannesburg Magistrates Court on 7 October 1983 for holding a placard demonstration in Johannesburg on 6 October. The demonstration was to protest against an attack on journalists, churchmen and squatters by East Rand Administration Board officials in Katlehong on 4 October.
The 23 are charged with holding an illegal gathering in terms of the Internal Security Act. When they appeared in court they were told that the hearing was postponed for further investigations.
- Mandisi David SAMANA (29) was fined R100 (or 50 days) and sentenced to nine months imprisonment for intimidating commuters who wished to use buses. He was sentenced in the East London Magistrates Court on 6 October.
Evidence before the court was that Samana shouted and threatened people boarding buses during the bus boycott in the area.
- The Humansdorp arson trial reported in FOCUS 45 (March-April 1983, p.5) resulted in prison sentences for five of the six accused youths at the end of April 1983. One was acquitted.
Monwabise BOSMAN (18) was sentenced to an effective three years in prison, Vuyisile KATE (18) and Solomon JACK (18) to an effective four years, a 17 year old youth to an effective six years and three months and a 16 years old youth to an effective five years.
The six were charged with setting fire to 16 schools in the Port Elizabeth area between November 1982 and February 1983.
Some of the accused were in custody as detainees and awaiting-trial prisoners for over a year by the time sentence was passed. One of the accused testified to a magistrate that his skin had been rubbed with irritants by the police. The magistrate did nothing because there were no injuries and she thus did not consider it to be an assault.
- Three people appeared briefly in the Mdantsane Regional Court on 12 September on a charge of arson.
Madoda DLOKWENI (34), Bassie SKOTA (32) and Thembinkosi KULA (28) were not asked to plead and no evidence was led. The hearing was postponed to 25 October for further investigation.
No details of the circumstances out of which this trial arose were reported but it appears to be connected with disturbances during August and September 1983 in Mdantsane township arising out of the bus boycott.
- One hundred and seventy one residents of the Paarl township Mbekweni appeared in the Paarl Magistrates Court on 8 November 1983 on a charge of attending an illegal gathering and failing to disperse on police orders on 1 September.
Ninety three of the group were tried separately and were due to appear again on 28 November. The other 73 were due to appear on 13 December.
One of the accused residents explained that after they had received notices of site-and-service increases an 'angry' meeting was held and a delegation was sent to the Administration Board offices. At the offices they were told to see the Community Council but the residents considered this a 'dummy body' and refused to move even after the police had read a dispersal notice.
- Eleven residents of Mbekweni township and one from Paarl East who allegedly set fire to the Mbekweni municipal beerhall on 3 September, appeared in the Paarl Magistrates Court on 26 October 1983. Bail of R50 was extended and the trial was postponed to 1 December.
- Seven people charged with the stoning of the house of the vice-chairman of the Mbekweni Community Council, were acquitted in the Paarl Magistrates Court on 26 October 1983.
The accused were alleged to have caused R1,500 worth of damage to the Community Councillor's house and vehicle during unrest in the township in early September 1983.
- John Vivian KIEL (31) appeared in the Simonstown Magistrates Court on 21 October 1983 seven years after he had allegedly committed acts of public violence and arson at the Ocean View township near Simonstown.
The State alleges that on 7 September 1976 he gathered with several other people and caused violent fighting by inciting pupils to riot and stone vehicles. It is also alleged that Kiel had produced and thrown petrol bombs at buildings and police. The hearing was adjourned to 30 January.
UNIVERSITY STUDENTS
- The public violence case reported in FOCUS 49 (p.7) of 11 University of the North students was due to recommence on 25 November 1983 after being adjourned on 30 September.
It now appears that 17 students are involved. All were released on R100 bail.
- A Fort Hare student, Cedric Lunga MHLONGO (19) was sentenced to 12 months imprisonment by the Ciskei Regional Court in Zwelitsha on 21 November 1983.
Mhlongo pleaded not guilty to the charge of intimidating fellow students not to write exams. There was a boycott of lectures at the time (September 1983).
An appeal was noted and bail of R500 granted.
UDF SUPPORTERS
- Forty supporters of the United Democratic Front arrested on 29 October in Cape Town appeared in two separate trials on 31 October on a charge of attending an illegal or prohibited gathering in terms of the Internal Security Act.
Twenty six appeared in the Cape Town Magistrates Court and fourteen in the Athlone Magistrates Court. No evidence was led in either trial and all were released on R200 bail. Those who appeared in the Cape Town court were due to appear on 18 November and those in the Athlone court on 6 December. The cars in which they had been travelling were confiscated by the police and an application to have them released was turned down as they are to be used as exhibits.
