ZONDO: DEATH SENTENCE
Three months after a bomb exploded in a shopping centre in Amanzimtoti, near Durban, killing five people, a nineteen year old youth has been sentenced to death. Andrew Sibususo ZONDO was convicted on five counts of murder and in addition received a ten year sentence for attempted murder.
Zondo first appeared in the Durban Magistrates' Court on 24 February. At that stage he had no defence lawyer but was not prevented by the magistrate from making a statement. In it he admitted planting a limpet mine in a rubbish bin in front of the South African Airways offices. He said he intended to destroy the offices but not to hurt anyone.
The trial opened in the Scottburgh Supreme Court on 17 March when Zondo pleaded not guilty to all charges. His lawyer urgently requested that his client undergo psychiatric observation. Rev. Aiken Zondo, the boy's father and a minister of the African Evangelical Church in KwaMashu, told how his son became mentally disturbed after being detained briefly by the police in January 1983. The judge refused the defence application after a senior psychiatrist called by the state said it would be 'a waste of time'.
The main state witness was Zondo's alleged accomplice who was granted immunity from prosecution. His evidence was key, not because it linked Zondo with the bombing (his own statement had already done that), but because it claimed that Zondo had planned the deaths, was pleased with them and only sorry more people had not been killed. He alleged the bombing was in retaliation for the SADF raid on Lesotho in December 1985, in which nine people were killed. Mr. X said he provided Xondo with the limpet mine and accompanied him to the shopping centre.
Giving evidence in extenuation, Zondo denied being 'disappointed' at the number of deaths. He said the mine was primed to go off within 25 to 30 minutes of being set and he thought this would give him time to phone a warning to the shopping centre but he was unable to find a vacant telephone booth. He regretted the deaths of civilians, stating that the ANC's policy was to aim at government targets.
After leaving South Africa in 1983 he planned to continue his studies under the auspices of the ANC, but changed his mind after the SADF raid on Mozambique in May 1983 in which people died. He underwent military training because 'it seemed as if there would be no chance to change the lives of blacks except through violence'.
Justice Leon sentenced Zondo to death once on each count of murder ruling that there were no extenuating circumstances. He accepted the evidence of Mr. X totally, rejecting that portion of Zondo's evidence where there was a conflict. He ruled that Zondo had deliberately selected a crowded shopping area. He refused him leave to appeal against the sentence. However, lawyers may petition the Chief Justice to overturn this.
COMPLETED
- Maselele Joe JONGILE (30) was sentenced to an effective 12 years' imprisonment in the Umtata Supreme Court in March. Jongile, a former prize boxer, was detained in November 1984 and charged with 'terrorism' under the (Transkei) Public Security Act.
Jongile was sentenced to eight years' for possession of an AK47 assault rifle, two years' for possession of ammunition, one year for possession of a pistol and six months' for possession of ammunition for it.
- Michael Mkuseli MATAKATA (24) was sentenced to seven years' imprisonment in the Paarl Regional Court on 28 January after being convicted of 'terrorism' under the Internal Security Act. The trial lasted only two days.
Matakata was convicted mainly on the basis of a statement which he made in April 1985 after four months in detention.
Matakata was found guilty of undergoing military training in Angola between March and May 1983.
- Elliot Zamile MAZANTSANA (19) was sentenced to an effective 12 years' imprisonment in the Port Elizabeth Regional Court on 30 January after pleading guilty to a number of charges under the Internal Security Act.
Mazantsana was charged with 'terrorism', furthering the aims of the ANC, the illegal possession of hand-grenades, two counts each of attempted murder and malicious damage to property, and possession of banned literature. The state alleged that he underwent military training in Lesotho before returning to South Africa with eight hand-grenades. He used two of them in attacks in Port Elizabeth on 16 and 23 June 1985. Both were aimed at Rev Mzwandile Maqina, then a spokesman for AZAPO. Maqina has since been expelled from the organisation for 'serious disciplinary infractions'. AZAPO's national publicity secretary stated that, 'We will not have members who testify in racist courts of law against fellow blacks, nor will we accept members wishing to see fellow blacks incarcerated for financial gain.' Maqina was not injured in either attack.
Mazantsana's trial began on 13 January. No details of evidence or witnesses appeared in the press. However, on the fourth day Mazantsana changed his plea to guilty. He admitted throwing the hand-grenades, receiving military training and illegally possessing hand-grenades and seven ANC publications.
- Msoki MGUBASI (28) was sentenced to seven years' imprisonment in the Zwelitsha Regional Court of the Ciskei bantustan in March for undergoing military training with the Pan Africanist Congress. Mgubasi from Sada, near Whittlesea, allegedly received the training between October 1976 and August 1982 in Botswana, Tanzania, China, Egypt, Libya and Liberia. He was also charged with intent to overthrow the state authority unlawfully and, alternatively, furthering the aims of the PAC.
- Eric PELSER (21) was sentenced to an effective seven years' imprisonment after being convicted of treason in the Rand Supreme Court.
Pelser who first appeared in court in December faced an alternative charge of 'terrorism' under the Internal Security Act.
In a statement read to the court Pelser stated that he left South Africa in July 1984 to avoid conscription into the SADF: 'I did not want to be ... an enforcer of the perpetuation of injustice toward legitimately aggrieved people ... I did not wish to be part of a force which, as far as I was concerned, was illegally occupying Namibia and engaged in destabilising neighbouring countries'. He admitted joining the ANC and undergoing a three month course in the use of arms and explosives before returning to South Africa under an assumed name in May 1985.
CONTINUING
There are a large number of political trials in progress. For reasons of space it is only possible to give details of one of them.
BALEKA AND OTHERS
The trial of Patrick BALEKA and 21 others on charges of treason, commenced in the Delmas Circuit Court on 20 January. All the accused pleaded not guilty to the main charge as well as alternative charges of subversion, 'terrorism', furthering the aims of a banned organisation and five counts of murder. The charges arise from unrest in the Vaal Triangle in September 1984: the men are accused of orchestrating a 'bloody revolution' and allying with the ANC and the SACP. The UDF is alleged to have been actively involved in five murders; the destruction of houses and shops; the November 1984 stayaway; intimidation of councillors to resign, and the indoctrination of women and youth. The majority of defendants are community activists connected with the Vaal Civic Association but include office-bearers of the UDF, members of the Azanian People's Organisation and a South African Council of Churches fieldworker.
The trial so far has been characterised by the contradictory evidence of the state witnesses, who have sought to connect one or other of the defendants with some act of violence.
Two alleged former members of the ANC gave evidence about a supposed link between the UDF and the ANC. One of them subsequently gave evidence in the trial of four SAAWU leaders in Pietermaritzburg.
A number of witnesses gave evidence under duress after months in detention. The state required them to testify that the violence which occurred on 3 September 1984 was planned beforehand. They alleged that the defendants had called for the killing of councillors and the burning of their property at a number of meetings in August and early September. An unnamed AZAPO member admitted under cross-examination that a week he spent in detention in October 1984 was 'a nightmare that will be with me for the rest of my life'. After evading the police he was redetained and frequently contemplated suicide during months of intensive all-day questioning. Rina MOKOENA, a mother of 11 and member of the Vaal Organisation of Women, who has been in detention since November 1984 broke down while giving evidence. The defence asked the investigating officer to leave court before she was cross-examined. She said that she heard voices and was unable to think properly since being detained. Her evidence was inconsistent even when testifying about what she herself had said at meetings.
Other people brought from detention to give evidence for the state included Peter MOHAPI, Rev Job MAHLATSI and Rev Lord McCAMEL.
