A growing identification with the liberation struggle is evidenced by a large number of trials of people accused of possessing 'undesirable' objects and literature. The trials and related state actions reflect attempts to restrict this development. On the other hand a ruling by the Publications Appeal Board that the Freedom Charter is not an 'undesirable publication' constitutes an advance for those who subscribe to its principles and a recognition by the regime that it has been unable to counteract its influence through censorship.
In January the Publications Appeal Board ruled that the Freedom Charter was not an undesirable publication. A lawyer from the Centre for Applied Legal Studies at the University of the Witwatersrand gave evidence to the board in favour of the Charter.
The Freedom Charter, which embodies demands for equality, justice and freedom from racial oppression, was adopted by the Congress of the People at Kliptown in 1955.
During 1980, the 25th anniversary of its adoption and declared by the ANC as the Year of the Charter, there were reports in the press of the widespread circulation of the Charter. Since then several particular editions have been banned and there have been a number of unsuccessful attempts by the State to prosecute people for possession of the Charter.
Evidence given to the Publications Appeal Board showed that the Freedom Charter was not only adopted by the banned ANC, but by a number of legal organisations.
The trials of several people for possession of banned literature were due to begin between April and June, including those of a national organiser of the Azanian Students Movement, Pule MONAMA, and a member of the Young Christian Students, George Selio SERIPE. The case of Thomson RAMANALA (25) reported in the last issue of FOCUS, was concluded on 31 January when Ramanala was sentenced to an effective six months' imprisonment.
Further trials are listed below: * Gabriel MOKOKA (27), a member of the South African Allied Workers Union (SAAWU), was acquitted in the Pretoria Regional Court on 7 May of being a member of the ANC. He was also acquitted of two further charges of possessing banned publications and furthering the aims of the ANC. He had been accused of possessing the ANC publications Sechaba, Mayibuye, Dawn and the Freedom Charter. * Stanley MOKAIWA (32), from Soweto, was found not guilty in the Johannesburg Regional Court on 16 May of possessing banned literature. He was charged under the Internal Security Act after police searched his home and found two copies of the ANC journal Mayibuye and a copy of African Communist. * A part-time student at the University of the western Cape, Michael ABRAHAMS (24), was sentenced to three months' imprisonment, suspended for three years, for possessing literature of banned organisations, namely: the South African Communist Party and the ANC. * A Johannesburg magistrate found Doris SETLHOKE (26), of Soweto, not guilty of a charge under the Publications Act of endangering the security of the state by possessing a green, black and gold dress and matching bag when she appeared in court on 30 January. The State alleged that the material out of which the dress was made promoted the ANC. * Two people were acquitted on 16 February of charges under the Internal Security Act and Publications Act. John Jabulani DIKGALE (26) and Steven MAMPHAGA (25) appeared in the Johannesburg Magistrate's Court charged with ANC membership and possession of banned literature. * The State withdrew charges of possession of banned literature against an executive member of the United Democratic Front (UDF) in the Johannesburg Regional Court on 8 May. Elliot SHABANGU (56), (also an executive member of the General Allied Workers Union), was alleged to have been in possession of the literature in August 1983. * The national publicity secretary of the UDF, Patrick 'Terror' LEKOTA (36) appeared in the Welkom Magistrates Court on 26 January on charges of possessing banned literature. He was due to appear again on 17 February. * A member of the Vaal Civic Association, Simon Magala VILAKAZI (23), appeared in the Vanderbijlpark Magistrates Court at the end of January after a police raid on the association's offices. He was charged with being in possession of banned literature. He was due to appear again on 3 February. * A student at the University of the Witwatersrand, Marcus MOSES (18), appeared in the Johannesburg Magistrates Court on 5 January, and charged with possessing banned books. He was due to appear again on 22 February. * A woman from Soweto, Emily MELK (19), appeared in the Johannesburg Regional Court on 1 May charged with possession of a book published by the ANC. It was alleged that the book, Island in Chains, was 'published or disseminated by or under the direction or guidance or on behalf of an unlawful organisation'. Melk was due to appear in court again on 29 May. * The State had withdrawn charges against Allister SPARKS, former editor of the Johannesburg Rand Daily Mail and now a freelance correspondent for a number of foreign publications, who had been accused of violating censorship laws.
The charges arose out of articles he had published in foreign newspapers which quoted a banned person and made allegedly 'untrue' claims about the security police.
Charges have also been dropped against his wife, Suzanne, and Bernard SIMON, a foreign correspondent, for allegedly defeating the ends of justice by removing documents from Allister Sparks' office before it was raided by the security police.
