CHAUKE AND OTHERS
Two men from Soshanguve have been sentenced in the Pretoria Regional Court for participation in the ANC's armed struggle. The trial received very little press coverage and details about the accused varied from one report to another. At the first court appearance in October 1986 they were named as Robert CHAUKE (25), Sibusiso Sehele MASUKU (22), Herbert BHOYA (19) and a youth of 15 years. Chauke was later described as a high school teacher and the others as school students. Only Chauke was allowed bail. In one report the fourth accused was named as Progress SONS but by the time of the full hearing only three defendants were involved.
The men were allegedly involved in the planting of a landmine and a hand-grenade attack on a policeman's home (both in June 1986 in Soshanguve), and also the establishment of an arms cache. It seemed that Bhoya and Masuku carried out the actions while Chauke was implicated in recruiting for the ANC.
The Detainees Parents Support Committee (DPSC) newsletter for April/May reported that Masuku was convicted of 'terrorism' and sentenced to 10 years' imprisonment, Bhoyo received five years, while Chauke was acquitted.
MONTOEDI AND OTHERS
A major trial in the Heidelberg Circuit Court ended with the acquittal of all the accused on the principal charge of 'terrorism' under the Internal Security Act. Four of them, however, were sentenced to effective prison terms of six months, in addition to the long period they had spent in custody awaiting trial.
The 12 defendants were all residents of Duduza and the charges, of arson, attempted murder and malicious damage to property, in addition to 'terrorism', arose from the severe repression in that area during 1985. This background, of a community already suffering from long-term deprivation and appalling living conditions under attack from police and vigilantes, has featured in a number of recent trials.
Amongst the accused was Joseph THOBELA (54), chair of the Duduza Parents Crisis Committee (DPCC), whose two daughters were killed in a petrol bomb attack on their home in May 1985. According to the indictment the accused were responsible for numerous attacks on police and public property which followed the funeral of Patricia Sonto Thobela, the local Congress of South African School Students (COSAS) branch secretary.
A number of the defendants were members of the DPCC or the Duduza Civic Association (DCA) or former members of the now banned COSAS. The state alleged a loose conspiracy involving these organisations but was forced, after a defence challenge, to provide more details of the exact nature of the offences allegedly committed by the accused.
In May it was reported that charges against Thobela had been withdrawn. Alexander Lebogene MONTOEDI (36), chair of the DCA and Simon NGWENYA (25) were acquitted. John Nhlanhla BUTHELEZI (23), Elias SIKHOSANA (20), Victor SIBIYA (22) and Meshack MASHININI (20) were all convicted of assault and sentenced to six months' imprisonment with a further 12 months' suspended. Richard SIBIYA (21), Bonakele THUTHU (26), Vusimusi Jeremiah MJALI (22) and Mfanyana Robert HLATSWAYO (21) were convicted of theft and were discharged after being cautioned. Archie MBATHA (22) a local COSAS leader, was convicted of malicious damage to property for which he received a wholly suspended nine-month sentence.
ESAU AND OTHERS
One man was sentenced to life imprisonment on 12 August and eight others to sentences ranging from 25 years to 3 years. When Cecil ESAU and 14 fellow accused entered the dock of the Cape Town Supreme Court on 21 April, the main charge was one of 'terrorism', rather than the charge of treason which had been suggested at earlier court hearings. With Esau (35), a law student and former worker with the Churches' Urban Planning Commission, were Lizo Bright NGQUINGWANA (26); Thembinkosi MZUKWA (26), a former shop worker and trade union secretary; Joseph NGOMA (28), a welfare worker with the elderly; Temba TSHIBIKA (38); Sazi VELDTMAN (32), a post office worker; Mthetho MYAMYA (35), a social worker; Joseph MKHUHLWA (31), a railway worker; Anderson NCIVATA (34), a labourer; Reed MACOZOMA (26), a carpenter; Quentin MICHELS (24) and Neville van der RHEEDE (26), both teachers; Gladwin MABENGEZA (36), a scooter-driver; Cyril NTABENI (36) and Norman MACANDA (29).
The accused faced alternative charges of membership of the ANC, participating in its activities or furthering its aims. The charges arose from the alleged operation of a number of ANC cells in the Western Cape area under the overall control of Nggungwana, Accused No 1, who was described as Western Cape military commander for the ANC's armed wing Umkhonto we Sizwe (MK). The group's activities included armed actions as well as importing arms and ammunition. Most of the accused had been in custody since April 1986.
The court heard details of the arrest of the men, many of whom were assaulted or tortured. Newspapers had not published details previously for fear of breaching the Police Act. However, in March Veldtman underwent an operation on his ear drum, reportedly because of injuries sustained at the time. A police witness implicated in the assault would only admit that Veldtman suffered an eye injury after being tackled by two policemen.
Myamya was forced to lie on the floor. He was interrogated by one policeman while another pinned his head to the ground with his boot. Afterwards his clothes were soaked with blood. The court heard how some twenty residents at Langa hostel were thrown out of their beds, interrogated and assaulted in an attempt to find Mkhuhlwa who lived there. Michels was tortured by having a tyre inner-tube placed over his nose and mouth and water thrown over his head. He was subsequently electrically shocked. Nggongwana was strangled with a belt, kicked and hit with a gun butt. Mzukwa initiated a 'trial within a trial' to challenge the admissability of a statement made after being punched and threatened with 'necklacing'.
The trial came to an abrupt end on 20 May when 13 of the defendants changed their pleas. The remaining accused, van der Rheede and Tshibika, were acquitted. Six pleaded guilty to 'terrorism': Nggungwana admitted being the regional MK commander; Mzukwa admitted two hand-grenade attacks in 1985 - on Langa police station and on a Casspir; Ngoma admitted undergoing military training and planting two mines at Mowray railway station in 1986 to mark May Day; Veldtman, Michels and Esau admitted transporting, storing and hiding arms and explosives.
Nggungwana was sentenced to life imprisonment. Mzukwa and Ngoma were each sentenced to 25 years, Veldtman to 15 years and Michels and Esau each to 12 years. Ntabeni, Macanda, Mabengeza and Myamya were given three years for not reporting people they had reason to suspect were 'terorists'. Mabengeza and Myamya were also given another five years for assisting with transport and possessing an AK-47, respectively. Mkhuhlwa, Ncivata and Macozoma were given five years for storing a limpet mine.
Many of the men chose to give evidence in mitigation of sentence and made powerful declarations about their reasons for joining or supporting the ANC in its armed struggle.
All of the accused outlined their experiences of oppression under apartheid. Many of them, as school students, had lived through the nationwide uprising of 1976. Ngoma and Michels both told of seeing school friends shot dead during peaceful protests.
Macozoma was sacked from Murray and Roberts in 1984 for participating in a strike, while Mzukwa, who contracted TB when cleaning boilers at Athlone power station, told of attempts by his employers to avoid giving him back pay. Mzukwa was eloquent in condemning the system under which his mother, a domestic servant, had no time for her own family as she was compelled to rear her employers' children 'who grew up to shoot my mother's own children in the townships'. He described his years in the ANC as the happiest in his life: 'Because we had committed ourselves to working for freedom, we already felt better. We were no longer slaves. We were now fighting for the freedom of our people.'
The convicted combatants described the ANC's policy of avoiding civilian casualties wherever possible, a view supported by expert defence witness Professor Colin Bundy. Nggungwana declared: 'I do not believe this should be made an issue by the state which itself daily injures and kills unarmed defenceless civilians'.
HANS AND OTHERS
Three men were sentenced in the Cape Town Regional Court on 21 July to an effective term of one year's imprisonment - three years with two years suspended each. Mbuyiselo Samuel HANS (28) of New Crossroads, Zandisile MAYILE (29) of Guguletu and Sekelezile PINDANI (33) of Kuils River were originally charged with 'terrorism' alternatively furthering the aims of the ANC by acting as its office-bearers or members. A second alternative count alleged they provided assistance to a combatant and were recruited into the ANC and given military training by him.
On the second day of the trial they pleaded guilty to one count, under Section 54 (4) (c) of the Internal Security Act, of failing to report to the police the presence of a suspected guerilla. Hans admitted accommodating a man known as Lungile who told him he had received military training from the ANC. Both Pindani and Mayile admitted meeting Lungile, who was detained shortly afterwards.
