DEATH SENTENCES
The imposition of a further five death sentences in December and January brought the number of those facing execution to 21. Trials in Natal, the Transvaal and the Western Cape showed that popular resistance to the apartheid regime embraced several forms of struggle. There was also evidence in the Transvaal courts of a significant use of the courts against workers taking industrial action. In spite of the very large number of people detained without trial under the emergency regulations, there was little evidence that many had yet been brought to court.
FIVE NEW DEATH SENTENCES
All five new death sentences were imposed in the Eastern Cape. According to the head of one of the region's police unrest investigation teams, 17 unrest-related killings occurred in Uitenhage alone in the year ending in October. Those killed, he said in evidence given to the Port Elizabeth Supreme Court, 'were usually police informers, peace makers or people who had been seen with police.' 'Peacemakers' is one of the regime's euphemisms for vigilantes.
On 8 January, 27 days after sentence of death was passed on Paul Tefo SETLABA (22), the state Bureau for Information reported that he was convicted in the Colesberg Circuit Court of killing a woman in October 1985 by stoning her and setting her alight. No other details were given. Setlaba was also given one year's imprisonment on a charge of public violence, details of which were unreported. His two co-defendants, Elias KELEN (18) and an unnamed 16-year-old youth, were found guilty of murder and public violence and jailed for 17 years each.
On the same day as the Bureau for Information announcement four men were sentenced to death in the Port Elizabeth Supreme Court for the murder of a farmer and his wife at Kirkwood on 17 June 1985. They were Makhezwana MENZE (40), Ndumiso Silo SIPHENUKA (25), Mziwoxolo Christopher MAKELENI and Similo Lennox WONCI (21). A further four men were convicted and received heavy prison sentences.
Despite patchy coverage of the trial in the press, it is clear that the State portrayed the eight accused as members of a 'select group' who had taken part in 'a pre-planned military-like operation... each with appointed tasks.' Some reports identified the accused as 'members' or 'alleged members' of the Addo Youth Congress, although four of them had addresses in Port Elizabeth, Kirkwood and Kwanobuhle and one was aged 40. Evidence was given that shortly before the killing the eight accused 'attended a meeting', while other evidence was that the eight 'held a meeting at which certain "action" was planned' and that the result was the killing of the farmer and his wife. Yet another report referred to 'an alleged resolution of the Addo Youth Congress on June 16... for "action"'.
Following conviction, evidence in mitigation was presented on 6 January. A clinical psychologist said that the accused had told him that pressure to commit the murder had come from 'four comrades' whom they identified by nicknames. He said 'each of the convicted men was unsophisticated and largely illiterate with family backgrounds of poverty, cultural deprivation and broken homes. They were predominantly of below average intellectual capacity.' The State rejected this, arguing that all eight men had acted from 'inner vice' and that 'the interests of society demanded no less than their destruction.'
The four men who were jailed after being convicted of murder and lesser offences were Mzumkisi Christopher MDAYI (25) and Zalisile George TANA (20), who both received effective sentences of 16 years, and Mxolisi SOKIYA (19) and Michael KONA (20), 13 years each.
MIELIES AND JANTJIES
Lawyers acting for two men under sentence of death failed in an application to the Supreme Court to establish that their trial had been conducted improperly and illegally. Mlamli Wellington MIELIES (22) and Mnyanda Moses JANTJIES (21) were convicted last November for the killing of Uitenhage community councilor Benjamin Kinkini. They were sentenced to death in the Port Elizabeth Supreme Court by Justice T M Mullins, who jailed three others facing the same charges.
Their application was heard in January in the same court and before the same judge. They asked that a special entry be made in the record of court proceedings to the effect that during the trial the judge had erred by allowing his two assessors to put questions to witnesses and defendants which were intended to intimidate them by their nature and quantity. Given this behaviour, the defence submitted, it was impossible for the assessors to make impartial judgments on the questions before them. Justice Mullins denied misconduct on his part and rejected the defence application.
POLITICAL TRIALS
Fifteen Cape Town men were due to appear in the Hermanus Regional Court on 19 January on charges of treason, 'terrorism' and 'furthering the aims of the ANC'. Twelve of the men made a first appearance before a Cape Town magistrate on 22 October in a temporary courtroom in the Regional Offices of Trade Inspections and Price Control.
The men were Cecil ESAU (31), a worker with the Churches Urban Planning Commission, Joseph Malusi NGOMA (28), a SA Red Cross employee, Quinton MICHAELS (27) and Neville VAN DER RHEEDE, both teachers, Mthetho Douglas MYAMYA (35), a social worker, Reed Zwelethu MACOZOMA (26), Joseph Susele MKHUHLWA (31), Themba Lucas TSHIBIKA (33), Sazi Livingston VELDT-SMAN (29), Zingsile Anderson NCIVATA (34), Lizo NGQUNGWANA (26) and Theophilus Thembinkosi MZUKWA (26). In early December three other men appeared in court and had their trial joined with the earlier one: Gladwin MABEGENZA (36), Cyril NTABENI (30) and Norman MACANDA (29).
MCBRIDE AND APELGREN
In November Robert John MCBRIDE (27) and Greta Margaret APELGREN (30), both of Austerville, were committed for trial in the Pietermaritzburg Supreme Court on 2 February 1987. They were charged with four murders, five attempted murders and 'terrorism'.
Three of the murder charges arise from the deaths of three women in a car bomb explosion at the Parade Hotel, Durban, on 14 June 1986. It is alleged that McBride and an accomplice set off the bomb - assisted by Apelgren who saved them a parking space outside the hotel and drove them away afterwards. The other murder charge is linked to the escape of Gordon Webster. McBride and his father allegedly shot dead Mulingisi Buthelezi who was in the hospital at the time.
The 'terrorism' charges refer to trips to Botswana for alleged contacts with the ANC and also, in the case of McBride, acts of sabotage.
MOKGAABUDI AND RABULI
Matchwenyango Daniel MOKGAABUDI (29) and Tshifhango Cedrick RABULI (33), both policemen attached to the Security Branch in Pretoria, appeared in court on 9 November for alleged activities in support of the ANC.
After a number of postponements the full trial was set for 12 March 1987. The men have been refused bail. They were not asked to plead to ten charges under the Internal Security and Protection of Information Acts. The offences were allegedly committed between 1980 and 12 July 1986. The two were said to have passed the ANC secret information about police knowledge of future armed actions and their plans to counter them; in addition they failed to inform their superiors about activities of the ANC.
PEARCE
Alan Edward PEARCE (25) appeared in the Durban Magistrates' Court on 1 December charged with arson, 'terrorism' and possession of hand-grenades and limpet-mines.
The court heard evidence from an alleged accomplice, N Cassim, who said they were part of a group which had set fire to a science laboratory at Fairvale Secondary School, Wentworth, in September 1985. Cassim, a student teacher, said he had participated in other acts of violence after being approached by Robert McBride.
On 3 December the trial was adjourned until 22 April 1987 to allow the defence time to apply for a Supreme Court ruling the prosecutor to release to them police notes made during Pearce's interrogation.
STOFILE AND OTHERS
Rev Makhenkhesi Arnold STOFILE (42) appeared in the Mdantsane Magistrates' Court on 12 December charged with 'terrorism' and harbouring a 'terrorist'. Five others were also charged, including his brother and sister: Linda Michael STOFILE (28), Mzwakhe Nelson NDELA (32), Mveleli Gladwell GQIBITHOLE (28), Noncedo Miranda NGWENDU (21) and Nomvuyiso STOFILE (30). The case was postponed to 13 January 1987 - only Nomvuyiso Stofile was granted bail.
ZULU AND OTHERS
Seven men appeared in the Pretoria Magistrates' Court in December charged under the Internal Security Act with participating in the activities of the PAC. Mabatu ZULU (52) and Siyabulela GCANDA (26) of the Transkei bandustan; Vincent MATHUNJWA (29) of Springs, Sestiba MOTTOLO (29) of Johannesburg, Rev Daniel NKOPODI (27) from the Bophuthatswana bandustan and Achmed CASSIEM and Yussuf PATEL (27) from the Western Cape were remanded in custody until 2 February 1987.
In April 1986 police announced the detention of a number of alleged PAC members including Zulu who was wanted in connection with a killing committed in 1962. Cassiem, an architect, and Patel, a member of the Muslim Youth Movement, were held in May.
