Since June there have been few major political trials in South Africa. In two of those which have been taking place, the State followed the practice, which has now become frequent, of bringing charges of high treason in cases relating to the armed struggle.
Most other current trials have arisen out of the wave of popular resistance which has swept the country since before the elections in August to the segregated parliament.
COMPLETED TRIALS
HUNTER, HANEKOM and HANEKOM Three alleged members of the ANC, Roland Mark HUNTER (25), Derek Andre HANEKOM (31) and Patricia Elizabeth HANEKOM (27), were convicted in the Pretoria Supreme Court on 3 September; Hunter under the Defence Act and the others under the Internal Security and Publications Acts.
The three appeared on 1 August for a summary trial in the Supreme Court to which they had been referred after a brief appearance in a magistrates court in April (see FOCUS 54 p.1) They were charged with various offences, including high treason.
The three were alleged to have committed the acts of treason during 1981 and in December 1983. Further charges were that they conspired with the ANC to overthrow the government, contravened the Protection of Information Act (two counts), the Internal Security Act (two counts) and the Publications Act.
The Protection of Information Act charges concerned the removal of confidential documents from the offices of the Chief of Staff Intelligence of the South African Defence Force to which Hunter was attached. Allegations were that the three conspired with or incited a national serviceman in the Military Intelligence Division of the SADF to obtain secret documents or computer information.
On 1 August the trial was adjourned until 3 September at the request of the defence counsel so that further particulars could be obtained from the prosecution. There were further postponements on 3 September, 12 September and 17 September without the three having pleaded. On the last occasion the Attorney-General of the Transvaal explained to the court that 'important issues' between the State and the defence were still to be finalised.
When the trial resumed on 24 September the court was closed to the public and on the following day their convictions were announced in a handwritten statement by the Deputy Attorney-General which gave no further explanation of the convictions or of whether the three would still face the charges of high treason (CT2.8.84; ST5.8.84, 4.9.84; RDM 13/18.9.84; GN/T 26.9.84).
MOSES SITHEBE A boxer from Soweto, Moses SITHEBE (23), was sentenced on 13 August in the Pietersburg Regional Court to three years imprisonment, half of which was suspended for five years. He was found guilty of two charges under the Internal Security Act.
Sithebe pleaded not guilty to the first charge that on or about December 1983 at or near Beit Bridge he carried out activities of the ANC and that he was a member of the ANC and kept contact with an ANC member in Zimbabwe. On the second charge he pleaded guilty to having participated in the activities of the ANC by bringing literature into the country.
He is alleged to have acted as a courier for the ANC on 13 March. He was arrested at Beit Bridge on his way home from Zimbabwe, and a number of items of ANC literature were found in his car as well as tape cassettes (RDM 14.8.84; see DETENTIONS, FOCUS 53 p.3).
CONTINUING TRIALS
NKANYEZI TWALA A man from Soweto, Nkanyezi TWALA (25), appeared in the Johannesburg Regional Court on 3 September to have his case postponed to 1 October.
Twala is being held in custody to face charges under the Internal Security Act of allegedly taking part in the activities of the Pan Africanist Congress, leaving the country illegally and assisting other people to do the same (S 18.7.84; RDM 4.9.84).
MARRAND and OTHERS One of seven accused in a political trial in Durban, Ephraim Thamsanqa MTHETHWA (22), was found dead in his cell in the Durban Central Prison where he was awaiting trial (see DETENTIONS). He was charged on 20 August under the Internal Security Act with six others in the Durban Regional Court in connection with attempts to leave the country for military training. The other six are: Thembenikosi Wellington MARRAND, Sibususo Richard MATHEBULA, Phelelani Petros MSHENGU, Lucky Welcome MAPHUMULO, Frederick Sipho Themba MSOMI and Aleck CHIRWA.
The State claims that the first three and Mthethwa incited or aided the others to leave South Africa to undergo military or other training under the auspices of the ANC for the purpose of causing or promoting acts or threats of violence. The offence is alleged to have been committed between June 1983 and March 1984.
The latter three are charged with attempting, consenting or taking steps to leave South Africa to undergo training. Mshengu is also charged with possessing photocopies of a document which indicated he was an office bearer or in some way associated with the ANC. He pleaded not guilty to this as well as to a charge of being in possession of a banned book written by Nelson Mandela (DN 21.8.84; RDM 27.8.84; see FOCUS 53 p.3 and DETENTIONS in this issue).
MHLANZI and OTHERS Four alleged members of the ANC, Norman MHLANZI (26), Jabulani Bartholomew MAKHUBU (27), Samuel Vulindlela MYENI (28), and Enoch Vusi MTHOMBENI (22), appeared in the Rand Supreme Court on 2 August on charges of high treason and alternatively contravening the Internal Security and Terrorism Acts.
The charges include undergoing military training in Zambia and Angola with the aim of overthrowing or endangering the state.
According to the indictment, their charges range from allegedly being members of the ANC to communicating or conveying messages or conspiring with the ANC to overthrow the government. The alleged offences were said to have taken place between 1977 and 1983.
The charges also relate to allegedly being in possession of explosives, ammunition, and participating in sabotage activities in Vereeniging and Roodepoort over the same period.
They were not asked to plead and the hearing was postponed to 24 September. They were remanded in custody (S 3.8.84; see FOCUS 54 p.8).
GOODMAN MTATI Goodman MTATI appeared briefly in the East London Regional Court on 9 August on charges of furthering the aims of the ANC.
It is alleged that he furthered the aims of the ANC and participated in ANC activities by organising the singing of freedom songs. He is also charged with encouraging and fomenting feelings of hostility between different population groups.
Mtati's defence said that neither the State nor the defence was in a position to proceed with the case because the defence needed further particulars from the State. The case was postponed to 17 September and Mtati was released on R150 bail (DD 10.8.84).
APPEALS
DIETER and RUTH GERHARDT The Appeal Court in Bloemfontein at the end of August refused Dieter Felix GERHARDT (49) leave to appeal against his sentence of life imprisonment for high treason.
The court also refused his wife, Ruth GERHARDT (42), leave to appeal against her conviction on a similar charge and against her sentence of ten years imprisonment.
Dieter Gerhardt, a former commanding officer of the South African naval dockyard in Simonstown, and Ruth Gerhardt were convicted in the Cape Supreme Court on 31 December 1983 of spying for the Soviet Union over a period of 21 and 13 years respectively (DD/S 31.8.84, see FOCUS 51 p. 6).
ISAAC GENU The conviction and sentence of the former chairman of the Kagiso Residents Organisation was set aside on appeal by the Pretoria Supreme Court on 3 August.
Mosothu Isaac GENU (31) from Kagiso, Krugersdorp, was sentenced to eight years imprisonment after being convicted on three charges under the Internal Security Act, in the Krugersdorp Regional Court on 9 August 1983.
Genu was found to have had in his possession shirts with revolutionary insignias and two scarves in the ANC colours.
The appeal judges concurred that the sentencing magistrate had erred when he said it could be inferred from the words and slogan that Genu was a member or supporter of the ANC. They explained that a person who possessed a shirt with a slogan did not necessarily support the slogan. Conclusive evidence that Genu was a supporter of the ANC was absent in the case (CT/DD 4.8.84; see FOCUS 48 p.6.).
