POLITICAL TRIALS COMPLETED

DLODLO

After a short trial in the Johannesburg Regional Court in August, Mswazi Victor DLODLO (24) was convicted of 'terrorism'. He pleaded guilty to the main charge of conspiring with a banned organisation, the ANC, with the intention of overthrowing or endangering state authority. He was not convicted on alternative charges of recruiting people into the ANC, training them in the use of weapons and furthering the ANC's aims by violence.

The offences allegedly took place between 1983 and January 1986. Dlodlo was said to have undergone military training in Angola, the Soviet Union and elsewhere. He allegedly received a rifle, ammunition, money and false documents from the ANC in Botswana and returned to South Africa in January this year by way of the Bophuthatswana bantustan.

Sentence was postponed until 5 September. (Star 5/8.8.86)

LENTSWANE AND OTHERS

Abraham LENTSWANE (30), Sibusiso Peter Paul NGWENYA (32), and Guy MALAMBA (25) pleaded not guilty to treason, alternatively 'terrorism', in the Rand Supreme Court in August. The charges, mainly of conspiracy, arose from the discovery of arms and ammunition at a house in Soweto in December 1985. The men were accused of reconnoitring airforce bases in preparation for an attack using SAM-7 surface to air missiles, and planning to construct car bombs. An additional charge referred to an abortive attempt to kill Det Sgt Thabane Luthuli of the Durban police.

A number of police officers gave evidence about Ngwenya's arrest on 18 December and the subsequent discovery of the hidden arms. At the beginning of September Ngwenya himself took the stand and told of being deprived of food and assaulted at Protea police station. He was forced to stand for up to six hours and was given karate chops to his spine. Ngwenya, a computer programmer, said that he made contact with the ANC in Botswana in order to establish the circumstances surrounding the death of his brother, Mto, an ANC member. Mto and another brother, Spokes, left South Africa in 1979.

The trial was interrupted for two days when the defendants refused to participate, saying they were too hungry to concentrate. Ngwenya acted as spokesman for the three, protesting that the prison food was inedible and that they relied on friends and relatives to supply food parcels, which had now been stopped. The press did not report how the matter was resolved, saying only the judge reserved judgement until the end of the trial on whether the defendants' action was justified.

Two women called as state witnesses refused to give evidence and were imprisoned. Bongiwe Yvonne MHLONGA (27) was a teacher at Phefeni High School, Soweto, until being detained on 28 December 1985. On 28 August she was sentenced to a further two and a half years in custody unless she changed her mind and testified before the state concluded its case. It was reported that the judge suspended an additional six months 'in view of the dignified conduct and composure of the witness'. On 2 September Zandile MKHIZE (29), a nurse from Durban and the mother of Ngwenya's child, was sentenced to three years' imprisonment for the same offence. Mkhize, who had not been detained prior to the trial, was described as 'arrogant' by the judge. The three were all convicted of high treason and on 26 September were each sentenced to 15 years' imprisonment. (Cit 27.6.86, 14.8.86; Star 8/13/14.8.86, 3/4.9.86; S 14/21-29.8.86, 2/3/4.9.86)

LIBAZI AND HEWUKILE

Two men from Mdantsane in the Ciskei bantustan who were seriously injured in a shoot-out with police at a roadblock near Mount Ruth in July 1985 (FOCUS 61 pp.2,3), have appeared in the East London Supreme Court charged with murder, attempted murder, 'terrorism' and possession of arms. Khaya Carmichael LIBAZI and Andile HEWUKILE (both aged 25 years) pleaded not guilty to all charges.

They were allegedly involved in a number of bombing incidents in East London including an explosion at the City Hall and at a petrol station in Amalinda, both on 21 June 1985. These caused extensive damage but no loss of life.

The charge of murder related to the death of Detective Constable Lungisile Bhekiso during the Mount Ruth shoot-out. Two alleged ANC guerrillas, named as Mzwandile MCATA and Nkuleleko NJONGWE, who allegedly planned all the actions were also killed. Argument in the case centred on the extent to which Libazi and Hewukile were willing participants. The police stated they were waiting for the white van containing the men as it approached a T-junction they were guarding. The defence alleged that the driver, who escaped and has never been captured, was in fact a police informer. Neither Libazi nor Hewukile fired at the police during the shoot-out. Njongwe, however, who was armed with a pistol, resisted arrest and in the subsequent shooting Hewukile was shot four times and Libazi received a bullet in the leg before falling unconscious. Although lying on the ground seriously wounded, both men were interrogated. In court they denied telling police they were on the way to sabotage two sub-stations.

Hewukile's mother, who was arrested by the Ciskei bantustan police on 31 July, and Libazi's grandmother were both called to give evidence for the state. Members of the security branch of both the South African Police and the bantustan force gave evidence about ANC activity in the area and the ANC's supposed links with the East London Youth Congress (ELYCO), of which both men were members. It was said that at least half of those who left the region to join the ANC had links with ELYCO. Furthermore many ANC 'operatives' were being harboured in Mdantsane. The bantustan security police said most of those involved in ANC activities in Mdantsane were former Robben Island prisoners. (A large number of former political prisoners were banished to bantustan areas on their release.) Libazi said he was influenced by what ANC members told him about the Freedom Charter because it 'made sense'.

The trial was adjourned to Grahamstown for judgement. Both men were convicted of 'terrorism' and illegal possession of arms. They were acquitted of the murder and attempted murder charges. On 19 September they were sentenced to 15 years each for 'terrorism' with a five-year concurrent term on the lesser charge. (DD 5/19.3.86, 19-30.8.86, 5/18/20.9.86; Star 20-28.8.86)

MAHLANGU AND GEBASHE

Two alleged ANC guerrillas were due to appear in the Pretoria Regional Court on 21 July on 13 charges including 'terrorism', membership of the ANC, possession of arms, ammunition and explosives, robbery with aggravating circumstances and attempted murder.

Johannes Somdeni MAHLANGU (27) and Mxolisi Bright GEBASHE (28) were alleged to have undergone military training after leaving South Africa in 1979 and 1977 respectively. They allegedly returned to the country with false identity documents and recruited ANC supporters in the Kwaggafontein area of the KwaNdebele bantustan where they settled. They also allegedly reconnoitred targets for sabotage and purchased two cars for transporting weapons. Between April and December 1985 they allegedly possessed two pistols, ammunition and three grenades.

The charge of aggravated robbery arose from a robbery at a bottlestore near Dennilton on 22 November in which one man was wounded. Mahlangu was further alleged to have attempted to murder a Captain R F Maritz in order to avoid arrest.

When the trial commenced the men pleaded guilty to undergoing military training. The court heard that they twice visited an arms cache allegedly established in Mamelodi, Pretoria, by Klaas de Jonge, a former detainee and Dutch national presently sheltering in the Netherlands embassy. (See trial of Passtoors, FOCUS 65).

On 24 July Mahlangu and Gebashe were convicted on two counts of 'terrorism' plus armed robbery and attempted murder. They were each sentenced to 25 years' imprisonment. (Work in Progress, May 1986; CP 20.7.86; DD 26.7.86; BBC 29.7.86)

MATOSA

Petros Zanemvula MATOSA (25) was sentenced to eight years' imprisonment in the Welkom Regional Court on 11 July. Matosa, described in the press as a 'self-confessed member of the ANC' was convicted on four charges of 'terrorism' and one of escaping from custody. No other details appeared. (Star 12.7.86)

NKOSI

Edmund Sipho NKOSI (28) was sentenced to an effective 10 years' imprisonment on 15 September after being convicted under the Internal Security Act by a Johannesburg regional magistrate. Nkosi, who left South Africa as a youth of 19 after the Soweto uprising, pleaded guilty to two charges of 'terrorism'. He admitted undergoing military training with the ANC in Angola, Zambia and the German Democratic Republic between 1978 and 1982. The other charge related to his return to South Africa to establish safe houses for arms caches and to recruit and train ANC members. He admitted knowing the whereabouts of arms and explosives in Soweto. Nkosi was said to have returned to South Africa in December with 13 other armed men. He was detained on 7 January 1986. Nkosi, from Senaoane in Soweto, was sentenced to seven years on the first charge and ten years on the second, to run concurrently. (Star/DD 12.9.86; BBC 17.9.86)

RADEBE

Jeffrey Thamsamga RADEBE (33) was sentenced to 10 years' imprisonment in the Johannesburg Regional Court on 30 July after being convicted of 'terrorism'. He faced alternative charges of furthering the aims of the ANC and undergoing military training.

Radebe, who came originally from Kwa-Mashu in Durban and left South Africa in 1977, was detained in Soweto on 6 April 1986, reportedly his first day back in the country. Radebe, a graduate in international law and the holder of a UN refugee passport, said he had returned for personal reasons. It was stated that he joined the ANC in 1982 and underwent military training in Angola. He pleaded not guilty to all the charges. (Star/CT/DD 31.7.86)

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