Political trials have continued to illustrate patterns established in recent years, including frequent charges of high treason and the youthfulness of many of those appearing on serious charges. At the same time the reliance of the state in political trials on statements made by detainees under duress, has been underlined by the lengthy submission of evidence in one trial of threats, assault and torture (see HINA AND OTHERS).
The attempt by the regime to prevent the courts themselves becoming arenas of resistance has led to the prosecution of people for demonstrating their support for the accused in two recent trials (see COURT DEMONSTRATIONS).
A total of 20 people had appeared or were about to appear in the first 7 months of 1984, on charges of high treason in five separate trials (one of which began during 1983). Four more people, whose names were not disclosed, were also to face charges of treason, according to a statement in June by the Minister of Justice (CT 11.6.84).
The large number of treason charges this year confirms a trend established in 1979. Until then there had been only one treason trial since the end of World War II in 1945. That was the famous treason trial of 1951—56 in which 156 people were charged with, and finally all acquitted of, high treason.
In 1979 a new pattern began when 12 ANC members were convicted of high treason in a trial in Pietermaritzburg. In each of the next two years there was a treason trial, involving nine and three people respectively. In 1982 there were eight different trials in which 15 people were charged with treason (although the charges against two were dropped before they were asked to plead). Last year, 1983, eleven people were convicted of treason in five trials.
The increased use of the charge of treason appears to reflect a change in policy by the State. Invariably the charges of treason have been brought with alternative charges of 'terrorism', sabotage, murder, furthering the aims of a banned organisation, undergoing military, training and the like. In the past, activities of the kind that are now leading to treason charges, would have been dealt with using only what are now alternative charges.
The reasons for this change are not clear, and the length of sentence given on conviction does not always seem to correspond directly to the apparent seriousness of the charge of high treason.
The number of treason trials in part reflects an intensification of the struggle for freedom in South Africa. Most of the accused in those trials so far completed, have allegedly been ANC members, and the majority were alleged to have been involved in armed struggle.
The trial of eleven men charged with high treason in the Grahamstown Supreme Court continued until 28 June when it was postponed for six weeks until 13 August.
Rufus NZO (24), Douglas TYUTYU (48), Sipho HINA (44), James NGQONDELA (54), Mzayifani KHAME (57), Mzimkulu KHAME (22), Sipho NODLAWU (35), Vukile TSHIWULA (43), Lindile MBELEKANA (27), Wellington GUMENGE (29) and Nceba FAKU (27) were charged in connection with bomb explosions in the Port Elizabeth area between 1981 and 1983. They are alleged to have liaised with the ANC in Lesotho, brought arms and explosives into the country and harboured guerillas (for full details of charges see FOCUS 51 p.6-7).
The defendants have been held since May 1983. They were charged in July of that year, but the trial has been subject to a number of delays. The postponement to 13 August was made in order for lawyers on both sides to prepare arguments in a 'trial within a trial' initiated by the court in May, in order to test the addmissibility of statements made by defendants which the state wished to use in presenting its case. At least nine of the accused have given evidence of threats, assaults or torture by the police on their arrest and during their detention. Some of the evidence was reported in the last issue of FOCUS. Since then several detainees have given further evidence of how they were treated.
- James Ngqondela had extensive bruising on his chest and abdomen when seen by the principal district surgeon for Port Elizabeth, Dr. Tucker. Dr. Tucker confirmed in court that the bruises could not have been sustained accidentally on the day which Ngqondela told him they were, and that they could have been caused by punching. He conceded that he should have inquired further into the injuries.
- Vukile Tshiwula had complained of lack of sleep to Dr. Tucker when he visited him during his detention. Dr. Tucker, who took no further action at the time, said in court that he now realised that he should have done so.
Tshiwula also testified that a security police-man had threatened he would join his dead wife if he did not cooperate during his detention. Tshiwula said that when he told the magistrate at Alexandra that he had been assaulted, the magistrate said he was not interested in 'old complaints'.
The District Surgeon for Humansdorp, Dr. Delport, said that he had seen Rufus Nzo at Jeffreys Bay where he was being detained in May 1983. Nzo had sustained head injuries and was suffering from severe shock. Later in the day he visited Nzo's cell and found the floor covered in blood. He said that Nzo had inflicted injuries on himself and had spoken earlier of suicide.
- Mzayifani Kame testified that he had been forced to make a statement before a magistrate by security policemen, who had threatened to lay more charges against him if he did not comply. The policemen had written the statement without Kame's assistance.
- Nceba Faku told the court that a security policeman asked him not to mention that he had been assaulted as this would jeopardize his career. He said he was slapped by a policeman and struck on his forehead so that he bumped his head on a wall. Another policeman in camouflage uniform struck him on his head with the flat side of a spade.
- Mzimkulu Kame testified that he had been forced to make a statement to a policeman. He had been told his family would be 'taken' if he made no statement, and as his father (one of the accused) had already been arrested, this would involve his mother and sister. He said he was also told what to say before the magistrate, in particular that he should say that a 'terrorist' named Joe had gone to his house and told him to dig a hole in the backyard.
- A witness for the defence, Donga MABUSELA, testified that he had been 'picked up' and assaulted on two occasions in the first half of 1983 by four policemen wearing plain clothes. He said he had seen one of the accused, Mzimkulu Kame, at Algoa Park police station at the time. On the second occasion he fainted while being assaulted: he was lying outside near a tap and was wet when he regained consciousness (DD 15/17/25/26/29.5.84, 13/14/27.6.84; RDM 29.6.84; see also FOCUS 53 p.4).
Shortly before the trial began on 1 August, of three people who were described by the Minister of Law and Order as spies, it was reported in the press that one of them had obtained direct evidence of the South African government's role in financing and training nationals of Mozambique and Zimbabwe as part of its campaign of destabilization of neighbouring states.
As reported in the last issue of FOCUS, Roland Mark HUNTER (25), Derek Andre HANEKOM (31) and Patricia Elizabeth HANEKOM (25) appeared in a magistrate's court in April and were referred to the Pretoria Supreme Court for summary trial which began on 1 August. The three were charged with treason and the case was postponed to 3 September. Earlier the Minister of Law and Order said that the arrests had resulted from investigations into the activities of Carl Niehaus, convicted in November 1983 of treason and sentenced to 15 years imprisonment (FOCUS 50 p.3).
According to the Guardian of 9 July 1984, Roland Hunter worked, during his time as a national serviceman, for the department of military intelligence as a driver. One of his jobs was to escort the department's paymaster around camps and farms in the Northern Transvaal where Mozambican and Zimbabwean nationals were being trained for cross-border operations.
The report in the Guardian also said that although the weight of the evidence of South Africa's training and use of surrogate forces in the region is 'overwhelming', the government was known to be worried about the implications of its involvement emerging in an open South African court and might insist on the case being held in camera (GN 9.7.84).
Four Soweto men appeared in the Johannesburg Magistrates' Court on 8 June on a charge of high treason as a result of alleged ANC activities, with alternative charges under the Internal Security Act. No indictment was served on the accused who were referred to the Rand Supreme Court for a preliminary hearing on 2 August. The state prosecutor said that the trial would probably begin in mid-September.
The magistrate told the accused that the Attorney-General opposed granting them bail and that they would be held at Dieploof Prison until they appeared in the Supreme Court.
The four accused are: Norman MHLANZI (25), who has been in detention since 6 December 1983; Enoch Vusi NTHOMBENI (22), who has been in detention since 15 December 1983; Samuel Mtlantla MYENI (28), detained since 7 December 1983; and Jabulani Makhubu (27), detained since 8 December 1983.
Their detentions were linked by the police to the discovery of arms in the Johannesburg area. Following the detention in Soweto on 6 December of one person alleged to have been in possession of arms, the police went to a house in Eldorado Park. After the firing of shots a man and a woman were detained and more arms were allegedly found (see FOCUS 51 p.2; Star 9.6.84; RDM 9.6.84; see also lists of detainees in FOCUS 51 and 53, in which there are slight variations in the spellings of the names of some of the accused).
