In July two alleged members of the ANC's armed wing were convicted of high treason in the Kimberley Supreme Court. Hermans Dipheko DIPITSE (30), Tebogo Daniel PELELE (25) and Ben GABAAYA (28) were charged with treason and alternative charges of 'terrorism', membership of the ANC and furthering its aims.
It was alleged that Dipitse and Pelele joined the ANC between 1978 and 1984, underwent military training and became part of Umhkonto we Sizwe. It was also alleged that they entered South Africa from Botswana between August and November 1984 in order to find hiding places for weapons, organise couriers and identify targets for sabotage. They allegedly formed an ANC cell in Vryburg with Dipitse as commander and Pelele in charge of logistics and security. Gabaaya was alleged to have assisted his co-accused in finding places for arms and ammunition and pointing out residences where ANC members could hold meetings.
The accused were allegedly responsible for a number of arms caches in private houses in Vryburg including one which was raided by police in November 1984. In that incident an alleged guerilla was killed, a policeman injured and three arrests made.
The trial opened on 15 July. Dipitse and Pelele pleaded guilty to the main charge of treason; Dipitse was sentenced to 10 years and Pelele to six. Charges against Gabaaya were withdrawn.
After over two years on Death Row in Pretoria Central Prison, Malesela Benjamin MOLOISE was due to be executed on 21 August after the State President rejected a petition for clemency submitted by his lawyers. In the week leading up to the execution date Moloise's mother spearheaded a campaign to save her son. Pauline Moloise, a member of the Federation of Transvaal Women (Fedrawt), sent a telegram to President Botha, held a press conference in Lenasia, recorded a tape message to mobilise the international community and addressed a prayer vigil at Johannesburg's Roman Catholic Cathedral. Within South Africa the Atteridgeville-Saulsville Residents Organisation and Youth Organisation, the Release Mandela Committee and COSAS all registered their protests, as did Bishops Hurley of Durban and Tutu of Johannesburg. The UN Security Council, the EEC and the British Government also called for a reprieve.
Moloise was sentenced in June 1983 for the killing of a security policeman, Phillipus Selepe, an act he has always denied committing. In August the ANC reiterated an earlier statement claiming responsibility for Selepe's death and stating that Moloise was in no way involved.
Less than 12 hours before the time set for the execution the Pretoria Supreme Court granted a stay of 21 days to allow Moloise's lawyers to submit a petition of new evidence requesting a re-opening of the trial, as allowed for in Section 327 of the Criminal Procedure Act. The previous appeal for clemency was submitted under a different clause. The court was presented with a 21 page affidavit signed by Moloise. His lawyer said the full petition would draw on sociological, neurological and psychiatric evidence. It was stated Moloise suffers 'from severe mental abnormalities of a degree that the court can take as extenuating circumstances'.
On 10 September the petition was presented to the President and a further stay of execution was granted.
The trial of Mpumelelo Shadrack NDLAKUHLOLO and Margaret MFOBO ended in the Hermanus Regional Court in July. Both had pleaded not guilty under the Internal Security Act to being members of the ANC and furthering its aims, endangering the security of the state and attempting to overthrow it, and unlawfully possessing ANC pamphlets.
On 24 July Ndlakuhlolo was sentenced to four years (three years suspended) on the first charge and three months for possessing literature. He was acquitted on the more serious charge of subversion. Mfobo was acquitted on all charges.
Evidence was led about a trip the two accused made to Botswana in 1984. While there Ndlakuhlolo was alleged to have spoken with members of the South African Congress of Trade Unions (SACTU). When he was back in Cape Town they sent him a stencil of a pamphlet calling for a boycott of elections to the segregated parliament. He was to distribute these pamphlets together with an unnamed state witness but did not do so for fear of the police.
On 25 August Oscar MPETHA was arrested and taken to prison to begin serving a five year sentence imposed on him for 'terrorism' in June 1983. Mpetha, aged 75 and a certified diabetic, had only been discharged from hospital a week before and was convalescing at home when 15 police vans came for him at 4 am. His family were told he would be taken to Pollsmoor prison.
Mpetha's arrest came after a review of his case by the Minister of Justice who upheld the sentence in spite of two recommendations for leniency from the judiciary. The Minister gave the following reasons for his decision: 'because the crime of which he was found guilty is a serious one and also because of his involvement in the present unrest situation while he was on bail'. He hinted at the possibility of early parole on compassionate and health grounds adding that 'the renunciation of propagation of violence may be a factor'.
Patrick BALEKA and his 21 fellow accused remained in prison throughout August and September while their lawyers continued to press for their release on bail. They face charges of treason, 'terrorism', subversion and murder arising out of protests in the Vaal Triangle in early September 1984 during which a number of community councillors were killed.
The defence has challenged the validity of the certificates under which the Attorney-General refused them bail, principally on the grounds that they were issued prematurely before the men had been charged. On 1 August a Pretoria magistrate ruled that he had no jurisdiction to settle the matter. After further delay a full bench of the Pretoria Supreme Court heard the application between 2 and 4 September. In addition to denying the defence case the state contested that the Supreme Court has no jurisdiction to revise an order of the Attorney-General. Judgement was reserved.
The trial was moved to the Eastern Transvaal town of Bethal some 150 km east of Johannesburg where it was due to commence on 16 October. The accused had not then been asked to plead to the charges.
In the Rand Supreme Court on 12 August Matthews Dime KEKANE (27), Albanus Mathlare LESOTHO (26) and Kingsley Stephen SITHOLE (26) pleaded not guilty to a charge of high treason as well as alternative charges under the Internal Security and Terrorism Acts. The three have been held in custody since July 1984. The charges relate to activities over a number of years. Kekane and Sithole are accused of undergoing military training outside the country while Lesotho is said to have been recruited and trained in weaponry within South Africa.
Kekane and Lesotho are charged with being in possession of explosives. It is alleged they sabotaged a railway line in Soweto on 3 June 1982 and attempted to blow up an Escom installation on the same day.
In March 1984, it is alleged, Kekane and Sithole entered South Africa unlawfully with the purpose of recruiting and training people for the ANC. Between April and July 1984 Kekane allegedly supplied Lesotho with a pistol and ammunition. He is also said to have controlled an arms cache near Orlando Stadium established by Marines Jabu NGOBESE who was sentenced to 15 years' imprisonment in May. In July 1984 it is alleged he incited Nicodemus MOTHAPO to undergo military training. Mothapo was detained in that month and is now being held under Section 31 of the Internal Security Act which permits the detention of potential state witnesses.
The proceedings began with separate 'trials within the trial' after the defence challenged the admissibility of statements made by the accused during detention. The men said that the statements were made under duress and contained false admissions in an effort to avoid further assault.
Kekane told the court he was handcuffed and shackled during interrogation; he was assaulted, threatened with a knife and partially suffocated, and made a statement to prevent further assaults. The magistrate who took down the statements allowed policemen to listen to Kekane's confession through the windows of his office.
Lesotho, an actor employed by the Federated Union of Black Artists (FUBA), was detained on 24 July 1984 outside the Market Theatre in Johannesburg in possession of a gun. He was kept handcuffed and hooded before being interrogated. During questioning he was tripped, kicked, tied up in material and hit in the chest with a rubber object. He then admitted painting ANC slogans and distributing pamphlets even though he had not done so.
On 6 September in the Rand Supreme Court three alleged members of the ANC pleaded not guilty to charges of high treason. The three accused are Joseph Boitumelo LEEPILE (26), Justice Mafa NGIDI (31) and Sipho Stanley NGWENYA (34).
It is alleged that Leepile underwent military training in Angola and the German Democratic Republic between 1976 and 1984. It is claimed he entered South Africa unlawfully on 27 May with the intention of establishing an arms cache on the East Rand, arranging accommodation for ANC members engaged on missions in South Africa, recruiting ANC members and assisting his co-accused, Ngidi, to train them.
Ngidi is alleged to have undergone military training in Angola and the Soviet Union after leaving South Africa in 1976. During 1983 it is alleged he trained people in the use of arms and explosives in Swaziland. He entered South Africa illegally in May 1984, on a mission similar to Leepile's, but was detained at the Zeerust border with weaponry and ammunition. Ngidi is alleged to have escaped from police custody in June 1984 when he overpowered his captors and stole a pistol from them. Ngidi is to be tried separately on three counts in connection with the escape and theft. He is alleged to have gone to Swaziland but re-entered South Africa in August 1984 and was re-detained in possession of various explosive devices.
Ngwenya is alleged to have become an ANC member in 1983 and to have been trained militarily in Swaziland by co-accused Ngidi and a certain Lawrence Khumalo. In November 1983 he is alleged to have sabotaged the railway line between Bosmont and Newclare stations.
Minden Makgene MOTSA (28) was due to appear in the Rustenberg Regional Court on 24 September. Press reports gave no details of the exact charges against Motsa. However, it is alleged that he left the country illegally in 1976 and, with others, joined the ANC. After undergoing military training it is alleged he trained ANC members in Angola and Mozambique between 1977 and 1979. Between April 1979 and December 1980 the state alleges he worked in the ANC's transport division in Mozambique where his duties included transporting trained ANC members from Mozambique to Swaziland for entry into South Africa.
Motsa was detained on 22 January.
Defence lawyers have successfully obtained a number of changes in the indictment against the sixteen leaders of the United Democratic Front charged with treason in the Pietermaritzburg Supreme Court. The trial proper is now expected to begin on 21 October.
For much of August the court was adjourned while Justice Milne, Judge-President of Natal, considered defence demands for more details of the indictment and amendments to certain of the alternative charges. On 2 September he upheld certain technical objections to the indictment and ruled that the state should furnish further details of certain offences to the defence. He endorsed the decision to charge all 16 of the accused with treason. However, he ordered the state to rethink some of the alternative charges. Accordingly on 18 September a number of amendments were made.
Charges of participating in terrorist activities were withdrawn against NKONDO, GUMEDE, DAVID, NJIKELANA, KIKINE, NGCOBO and GQWETA. Charges of furthering the aims of communism were withdrawn against RAMGOBIN, SEWPERSAHD, NAIDOO, JASSAT and SALOOJEE. Charges of furthering the objects of communism and/or the ANC were withdrawn against all defendants except MOKOENA, NKONDO, GUMEDE, SISULU, CHIKANE, SALOOJEE and MAHOMED. The defence held that these charges did not constitute full compliance with the court's order. However, on 20 September defence objections were dismissed and the case adjourned.
In July three people, including a man in his seventies, were charged in the Estcourt Magistrates' Court with possessing arms and harbouring members of the ANC. The trial follows a shootout between police and alleged guerillas in the Nongoma region of Natal in January.
Those charged are Salusha Malinga ZONDO, his adopted daughter, Kathazile MAPHUMULO, and Cornelius Mzama ZULU. Both Zondo and Zulu work for the Zulu royal family — as adviser and chauffeur respectively to King Goodwill Zwelithini. Maphumulo owns the home in which the incident occurred.
In April Zondo's relatives reported a deterioration in his health since his detention. When the police brought him home in furtherance of their investigations he 'seemed confused and looked strange'. He complained of loose teeth and a painful neck. Maphumulo's son was told in February that she was ill but he was still not allowed to see her.
