# POLITICAL TRIALS ## COMPLETED TRIALS
BUKA
Zakade BUKA (55) of Engcobo in the Transkei bantusan was sentenced to seven years' imprisonment in the Umtata Regional Court on 12 December. He was charged with harbouring, concealing and assisting alleged guerillas between May and August 1985.
Evidence concerned a police operation at Buka's house on 2 August during which shots were fired. The police ran off only to return later with reinforcements and allegedly take possession of items including a pistol, ammunition, ANC pamphlets, a duplicator, heavy-duty wire-cutters and a typewriter. According to their evidence in court neither the police nor Buka knew who had fired the shots.
Buka admitted accommodating Zola Dubeni whom he had met when they were working in Johannesburg and were both members of the Metal and Allied Workers Union. A police witness stated that Dubeni had undergone military training. Police evidence also sought to imply, without supporting evidence, that the wire cutters found at Buka's home were the ones used to gain access to the Umtata fuel depot which was blown up in June 1985. Pamphlets allegedly found in Buka's room claimed that the ANC's armed wing had sabotaged the oil depot to commemorate the 30th anniversary of the Freedom Charter.
Buka challenged the admissability of an indemnifying statement, saying that before he admitted complicity he had been assaulted so badly he could not stand. The magistrate rejected this challenge even though a major in the security branch admitted that Buka had been interrogated from '7am until 1 or 2 am the following morning, was given three hours to sleep - and was again interrogated at 5am.' This same officer seemed to contradict the evidence of another policeman on at least two occasions - but the magistrate 'condoned' the contradictions stating they were made 'in order to be fair'.
Buka admitted trying to dispose of a duplicating machine, wire-cutters and an AK-47 magazine which were on his premises but not owned by him. He denied having seen the pamphlets, pistol or live ammunition allegedly found in his room. The typewriter belonged to his son, a teacher.
At least five state witnesses were charged with perjury following their evidence in the trial: Kolisiwe TSHWELE, Putswana NOMQOLO, Falo TYALI, Manase TAFENI and Siphiwe XOBOLOLO. They were granted R100 bail to appear again on 1 April 1987. Witnesses may be charged with perjury if their testimony in court differs from earlier statements they have made, often while in detention.
Buka, who described himself as a member of the bantustan's opposition Democratic Progressive Party, lodged an appeal against conviction.
WILLIAMS
Rocklyn Mark WILLIAMS (27), a teacher from Braamfontein in Johannesburg, was sentenced to six years' imprisonment on 27 November after pleading guilty to furthering the aims of the ANC. Williams was charged under the Internal Security Act in the Johannesburg Regional Court.
Williams submitted a written statement to the court stressing his commitment to non-violent change. The charges related to alleged activities between 1979 and 1986 in connection with the anti-conscription movement. He reportedly agreed to distribute Resister (bulletin of the exiled Committee on SA War Resistance) within the SADF and to recruit for the ANC. He also compiled a report on anti-conscription feeling in the SADF and the prospects for recruiting whites to the ANC. He was said to have made contact with the ANC in Botswana and Swaziland, to have known Marion Sparg and liaised with Stephen Marais, both recently convicted in separate trials.
In view of Williams' plea of guilty no substantial evidence was led. Earlier reports said he had attempted to obtain a copy of a 'sensitive' computer programme written for the SADF. An application by Williams' lawyers for bail pending an appeal was rejected on 3 December.
CONTINUING TRIALS
BALEKA AND 18 OTHERS
The trial of Patrick Baleka and 18 others resumed in the Delmas Circuit Court on 21 January, with the defence presenting its case. The State has completed its evidence and throughout November the defence argued for the discharge of the accused, saying they had no case to answer.
On 27 November three of the defendants were acquitted: Mohapi Lazarus MORE, a literacy teacher, Simon VILAKAZI, a clerk at the South African Council for Higher Education, and Amos Mkhambi MALINDI, a time-keeper. The judge ruled that in the case of the other defendants the state had shown evidence of a joint UDF-ANC conspiracy to overthrow the government. He also upheld the relevance of a nationwide pattern of behaviour linking the UDF with unrest. However, he ruled that in eight of the 31 areas about which evidence had been led, the UDF had not been involved.
Before the court was adjourned, bail of R15,000 was granted to six of the accused: Patrick BALEKA, Petrus Morake MOKOENA, David Tsietsi MPUTHI, Thabiso RATSOMO, Jacob Serame HLANYANE and Ephraim Tebello RAMAKGULA. They were all required to report to the police twice daily and to surrender their passports and were forbidden from attending any gatherings, including funerals. They were not allowed to return to their homes in the Vaal Triangle for the duration of the trial. The following accused remained in custody in Modderbee prison: UDF officials Moss CHIKANE, Mosioua 'Terror' LEKOTA and Popo MOLEFE; AZAPO members Oupa HLOMUKA and Rev Tebogo Jeff MOSELANE; and Naphthali NKOPANE, Bavumile VILIKAZI, Sekwati John MOKOENA, Simon Tseko NKOLI, Jerry TLHOPANE, Tom MANTHATA, Sam MATLOLE and Gcina Petrus MALINDI.
BUTHELEZI AND OTHERS
In August Malusi Israel MAJOLA (20) and Vusumizi Wesley MAHLOBO (27) appeared as defendants in the trial of Duduzile BUTHELEZI, Dr Sibongiseni DHLOMO, Dr Vejaynand RAM-LAKAN, Sibusiso Robert NDLANZI, Jude FRANCIS, Ordway Qonda MSOMI, Sipho Stanley BHILA, Phumezo George NXIWENI, Mapiki Aaron DLOMO and Bafo Bawana NGUQU. The charges, under the Internal Security and Arms and Ammunition Acts, are being heard by Justice Thiron and two assessors.
Early evidence concerned a number of explosions in the Durban area with which the accused were allegedly connected. Witnesses described a blast at the Mobeni post office in December 1985, allegedly caused by Msomi acting on Ndlanzi's orders. Another explosion at Grosvenor Girls' School, which was sobotaged while being used as a polling station for a by-election in October 1985, killed two alleged guerillas; Ramlakan has been charged with treating a third, wounded, combatant.
A 'trial within a trial' was held to determine the admissability of a statement by Mahlobo who was detained on 20 June 1986. He was kept without food or water, hit and otherwise ill-treated and shown photos which seemed to be of corpses or people who had been assaulted by the police. He denied knowing the whereabouts of arms caches - he was just given a spade by the police and directed where to dig. On 25 November the state unexpectedly withdrew its application to use the statement as evidence.
On 28 November Lulamile XATE (23), a medical student at Natal University, was sentenced to four years' imprisonment for refusing to testify. Xate admitted being a member of the ANC and having earlier given information which led to the arrest of some of the accused. He had been held in virtual solitary confinement since his detention on 23 December 1985 and was guaranteed immunity from prosecution if he testified 'satisfactorily'.
Amongst three unnamed state witnesses was the accomplice of Andrew Sibusiso Zondo, who was subsequently executed for his part in a bombing at a shopping arcade in Amanzim toti. Zondo himself was offered a last-minute reprieve if he agreed to give state evidence in this trial. He refused but his accomplice, who had escaped prosecution by testifying against Zondo, implicated Ramlakan, Dhlomo, Msomi, Dlomo and Ndlanzi.
