South African courts go into recess over the New Year period. For this reason only a few major trials are reported in this issue. One exception was the treason trial of Commodore Dieter and Ruth Gerhardt, which continued even over the New Year weekend.
According to FOCUS records over 50 people were sentenced in 1983 for 'serious' political offences under the Terrorism Act, the Internal Security Act, the Transkei Public Security Act and for treason and murder. This does not include sentences under the same laws for secondary offences such as possession of banned literature. These sentences ranged from life imprisonment to one year, the average length of sentence being about nine years. One person was sentenced to death.
High treason, as in 1982, was the charge used most frequently by the State in serious cases. Eleven people were convicted of treason. The average prison sentence for conviction on this charge was about 14 years. The activities for which people were convicted of treason included: receiving military training outside South Africa; establishing bases and/or arms caches inside the country; sabotage; possession of explosives, arms and ammunition; reconnaissance and the providing of strategic information to guerilla organisations; spying for the Soviet Union. All of the people convicted of treason, apart from the Gerhardts, were ANC members.
The number of people convicted under the old Terrorism Act, which was replaced by the Internal Security Act in July 1982, exceeded those convicted under the Internal Security Act, indicating that the activities for which they were convicted were carried out before July 1982. Some people were convicted under both Acts. The Terrorism and Internal Security Act were in most cases used to convict people for less serious political activities. Many of those convicted were not members of the liberation movement or of banned organisations. The activities for which they were convicted included: 'furthering the aims of the ANC' acting as a courier; recruiting people to the ANC or to receive military training outside South Africa, or attempting to leave the country to receive such training; distribution of illegal literature; possession of illegal literature or objects; possessing arms and ammunition and 'terrorism', which in some cases amounted to being involved in 'riots' which resulted in the death of a number of people and/or damage to property. An accused person in one trial however, was convicted under the Terrorism Act for three counts of sabotage. The average length of sentence under these two Acts was about eight and a half years.
Commodore Dieter Felix GERHARDT (48), former commander of the Simonstown naval dockyard, was sentenced to life imprisonment in the Cape Town Supreme Court on 31 December 1983. Ruth GERHARDT (41), the wife of Commodore Gerhardt, was sentenced to 10 years imprisonment. Both Gerhardts were convicted of high treason on 26 December 1983 on charges of spying for the Soviet Union. Both have given notice of appeal against conviction and sentence. The trial, which began on 3 September 1983, was held entirely in camera. Nothing of the proceedings was revealed beyond the announcement of the sentence and the notice of appeal. Armed police guarded the entrance to the court throughout.
A man from Kwazakele, Themba Samuel MTSELU, who was alleged to have left the country to undergo military training, had proceedings against him stopped when he appeared in the Port Elizabeth Regional Court on 29 November 1983. He was appearing under the old Terrorism Act. A notice from the Attorney-General instructing the court to stop the proceedings was read out by the prosecutor. The magistrate said that the court had been disturbed by the long period which the accused had been in detention. He found Mtselu not guilty and acquitted him. Mtselu was arrested in Bophuthatswana in July 1980 and had been in detention from that time – three years and four months. In March 1981 he was admitted to hospital for observation but was found to be fit to stand trial. He had pleaded not guilty to the charges.
Sister Mary Bernard NCUBE (48) was sentenced on 8 December in the Johannesburg Regional Court to 12 months imprisonment for possessing a publication of the ANC. Eight months of the sentence was suspended for five years. Sister Ncube was acquitted on the second count of the charge under the Internal Security Act of possessing a banned publication of the National Union of South African students. She was released on R300 bail pending an appeal against her sentence.
An apprentice mechanic from Roodepoort, Mathews Thabane NTSHIWA (23), was sentenced to three years imprisonment, 18 months of which was suspended for five years, for having ANC slogans engraved on his tea mug. The sentence was passed in the Krugersdorp Regional Court on 9 December 1983. An appeal against both conviction and sentence was lodged. After having spent four months in custody he was released on R3,000 bail. Ntshiya was found not guilty on the main charge under the Internal Security Act of participating in the activities of the ANC. He was found guilty in terms of a section of the Act which makes it an offence to 'advocate, advise, defend or encourage the achievements of any of the objects of the unlawful organisation, or perform any other act of whatever nature which is calculated to further the achievement of any such object'.
Two Pretoria men, Samuel Thabo LERUMO (20) and Akile MAPHETO (22), won their appeal against conviction in early September after serving seven months of a three year sentence on Robben Island. They were found guilty on 12 January 1983 in the Johannesburg Regional Court of attempting to leave South Africa to go for military training with the ANC.
Joe Nong THLOLOE (41), the former assistant editor of the Sowetan newspaper, and three others, Sipho Moffat NGCOBO (29), Nhlanga niso SIBANDA (27) and Steven Sipho MZOLO (27), have had their convictions and sentences set aside on appeal. The four were sentenced on 20 April 1983 for collecting and possessing Pan-Africanist Congress literature. Thloloe and Ngcobo were each sentenced to two and a half years imprisonment and Sibanda and Mzolo were sentenced to three years. In January the judges set aside the earlier decision because the incident for which the four were convicted occurred before the Internal Security Act came into force (in July 1982). The conviction was therefore invalid. They were warned, however, that the state might bring fresh charges against them.
The treason trial of 11 Port Elizabeth men continues in the Grahamstown Supreme Court. The trial was moved from Port Elizabeth in October 1983. The accused are: Sipho Fielden HINA (44), Rufus Nato NZO (24), Douglas Nayisile TYUTYU (48), James Mongama NGQONDELA (54), Mzufani William KHAME (57), Mzimkulu Temi KHAME (52), Sipho NODLAWU (35), Vukile TSHIWULA (43), Lindile Patrick MBELEKANA (27), Wellington Vukile GUMENGE (29) and Nceba Christopher FAKU (27). They all face charges of high treason with alternative charges relating to contraventions of the Terrorism Act and of sabotage; illegal possession of prohibited publications; illegal possession of machine guns and hand-grenades; illegal possession of ammunition; illegal possession of explosives; murder; nine counts of malicious damage to property; and four counts of attempted murder. Nzo faces an additional charge of fraud and Tyutyu one of leaving the country without a passport. When they appeared on 17 October 1983 they were not asked to plead and the case was referred for a summary hearing on 1 February.
Stanley KABA (52), a freelance journalist, and Nelson DAZELA (32) appeared in the Zwelitsha Magistrates Court on 4 January on charges under the Internal Security Act. They are charged with persuading people to undergo military training outside South Africa and with attempting to commit acts of violence. Kaba previously served five years imprisonment on Robben Island for being involved in ANC activities. The case was postponed to 24 January and both were remanded on R150 bail.
A person alleged by the police to have been arrested for planning to place a bomb near the Pietermaritzburg City Hall where the Prime Minister, P.W. Botha, was due to address a referendum meeting on 27 October 1983, appeared in the Pietermaritzburg Magistrates Court on 14 December 1983. Thembinkosi Paulson NGCOBO (23) faces seven charges which include the attempted attack on the City Hall. The other six charges relate to various acts of sabotage in Natal between 30 January 1983 and 14 October 1983 and to a cache of arms found in Natal last year. Ngcobo was arrested on 27 October by a police dog-handler after he had turned away from the City Hall having decided that it would be too dangerous to detonate the mine he was going to use. He claims that he was instructed by the ANC to detonate the bomb near the City Hall but to make sure that it did not injure people. Ngcobo pleaded guilty to all seven charges listed in the 20-page indictment but pleas of not guilty were entered by the Magistrate to six of the charges as he did not admit to all elements of the offences. The seventh charge was to be considered by the magistrate. Ngcobo was unrepresented. Ten other people have been detained in connection with the incident and it has been announced by the Commissioner of Police that they will appear in court early this year.
