At the time international organisations were highlighting the plight of South African children in detention, an increasing number of juveniles were being brought before the South African courts both as accused and as witnesses.
Several recent trials have concluded with very long sentences being given to youths.
- In a public violence trial in the Potschefstroom Regional Court that ended in December, Ezekiel MOTAUNG (19) received an effective sentence of 24 years. Aaron MEMELA (19) (who was described in another press report as being an unnamed 17-year-old youth) was sentenced to an effective 19 years. When passing sentence the magistrate noted that nobody had been injured or killed by any of their actions.
They had originally been charged with 31 counts of public violence and although both had pleaded guilty to alternative charges (of arson and malicious damage to property), these pleas do not seem to have been accepted by the court. Motaung was convicted on five charges of arson. Memela was found guilty on charges of attempted murder of a policeman, arson and malicious damage to property. Their co-defendants Jacob MOKOENA (20) and Aaron DITHEKO (22) were acquitted on all 31 charges.(CP 14.12.87; Star 14.12.87; Cit. 30.12.87)
- Five juveniles were among eight Fort Beaufort residents convicted in November in connection with the killing of George Nelani and a 3-year-old girl, who died when Nelani's house was burnt down in March 1985. Sinadu DUMA(28) and an unnamed 17-year-old youth were found guilty of murder on two counts and of public violence. Duma was sentenced to an effective 21 years and the youth to an effective five years. The remainder were convicted of culpable homicide and public violence. Mfundo MDIZA (20), Pumla NGWATA (22), Sisa GANTO (20) and Lucky AUGUST (20) were each sentenced to an effective 12 years and Nomalungisa JIKELA (18) and Sandile VUTUZA (18) received terms of three and a half years each.
Prof. Noel Manganyi, who gave evidence in extenuation for Duma and the youth, asked that the incident be seen in the context of the schools and consumer boycotts which were taking place in the area and of the general level of unrest and violence in Fort Beaufort. An application for leave to appeal against the sentences and convictions of all eight defendants was dismissed by Grahamstown Supreme Court on 3 December 1987.(EPH 10/11/24.11.87; 4.12.87; DD/Star 25.11.87)
- In a trial in August of six members of the Humansdorp Youth Congress who faced charges of murdering a suspected police informer, key evidence for the State was given by a 13-year-old boy. The defence was later able to establish that a person the child had identified as having been involved in the incident, was in detention at the time. In his judgment, Judge Kannemeyer said that the State had failed to prove its case against the six. Kannemeyer said that the evidence given by the state witnesses, the 13-year-old boy in particular, needed to be treated with caution as they were still very young.(EPH 18/24.8.87; CP 30.8.87)
- Four Umlazi Youth League members appeared in the Natal Supreme Court in December. 'Rambo' Lawrence Sibusiso NHLANGULELA (26), president of the Youth League, Henry MKHIZE (18) and two youths aged 15 and 16 years were accused of murdering a policeman and of attempting to murder his companion last year. During the trial the defence argued that the statements made by Nhlangulela and the 16-year-old youth were inadmissible as evidence because they were made after the investigating officers had assaulted them. This was denied by the State.
One member of the Security Branch attempted to discredit the evidence of torture by claiming that Nhlangulela was a police informer. The policeman further stated that prior to the defendants' arrest, he had received unconfirmed information that Nhlangulela and other members of the Umlazi Youth League had planned to assassinate him. In the course of his evidence it was revealed that police interrogation methods involved six-hour-long sessions and midnight questioning. At the end of the trial the 16-year-old youth was convicted on both charges and was remanded to await sentence. His co-defendants were acquitted.(WM 16.10.87; DN 2.12.87; Star 2/4.12.87; SS 10.12.87; see FOCUS 72 p.5 where Nhlangulela appears as Nhlangulelu)
- A high school pupil Bradley VAN NIEKERK (19) began a one-year sentence at Pollsmoor Prison in December after his appeal against his sentence failed. Van Niekerk was convicted for participating in a stone throwing incident in October 1985. Leave to appeal against the sentence was only granted after a petition to the Chief Justice.(see FOCUS 70 p.8; CT 12/22.12.87; South 17.12.87; Star 18.12.87)
- An appeal in the Cape Town Supreme Court which ended in December drew attention to the kind of irregularities in legal proceedings which may arise as a result of increased pressure on the courts. During the original trial in December 1985 of Mpho LETABA, Ernest NTLANTSANG, Ntobeko NKWALI and Xolani NDABENI - aged 21, 20, 17 and 16 at the time - the presiding Worcester regional magistrate refused to grant a postponement to the defendants' attorney. They were subsequently convicted on charges of public violence. Letaba, Ntlantsang and Nkwali were sentenced to an effective three years and Ndabeni to six strokes. In December 1987 the Supreme Court ruled that the magistrate had 'misdirected himself and committed an irregularity'. It found that his refusal denied the basic right to legal representation as the attorney had been unable to take proper instruction. It therefore found the trial proceedings null and void. All four defendants had been on R1,000 bail each since their original trial, pending the outcome of the appeal.(CT 2.12.87; NN 3.12.87; WM 4.12.87)
LABOUR TRIALS
Between May and December 1987 the press reported at least 41 trials in which striking workers and trade unionists were charged. Eighteen of these involved intimidation or a combination of intimidation and other charges. Seven concerned trespass, three public violence and 13 others a range of charges including sabotage, conspiracy to commit murder, arson, assault and malicious damage to property. The number of trials and the frequency of charges of intimidation suggest an increased level of state intervention in disputes during 1987.(See FOCUS 65 p.12)
The pattern of strikes giving rise to the charges was consistent with previous government policy to repress organisation in the public sector and on the mines. Nineteen of the strikes took place in the public sector, five on the mines, five in the distributive sector, and the rest in several manufacturing and service industries.
Of the trials relating to public sector strikes, six arose from the South African Transport Services (SATS) dispute in April 1987, and three in the newly unionised postal sector. In December more than 34 postal workers faced charges including intimidation, public violence, murder and sabotage in a number of trials.(NN 3.12.87)
The trials in the mining sector arose out of the wage strikes on the mines in August and those in the distributive trade from the strike in early 1987 at the OK Bazaars chain store.(FOCUS 71 p.3, 73 p.10)
By the end of the year many of the 41 trials were still in progress, in others charges were withdrawn or the accused acquitted. However, some stiff sentences were handed down. A postal worker, Malevu YANI (36), was sentenced to three years in jail for intimidation during a strike at Johannesburg post offices in April 1987. Thirty-five workers involved in a strike at the OK Bazaars chain store also received sentences of between two and three years each for intimidation.(S 27.4.87)
- SATS dispute Two of the six trials arising out of the SATS dispute were related to the police dispersal of a march by railway workers in central Johannesburg on 22 April. Three workers were shot dead. In November nine railway workers were convicted on public violence charges and jailed for eight years each in the Johannesburg Magistrates' Court. However, they were given leave to appeal and were released on bail of R5,000 each.(See FOCUS 71 p.3)
In a related trial, 13 SATS workers appeared in court on charges of attempted murder. The case is continuing. In both trials police testified that they were physically attacked by the strikers.(Cit 5/27.11.87; Star 27.11.87)
In another related case a shop steward of the SA Railway and Harbour Workers Union, Morris Phililo KHWIDZHILI (36) was convicted under the emergency regulations. Appearing in the Stellenbosch Regional Court in October 1987, he was fined R1,000 or a year's imprisonment, suspended for a year. The charges relate to a meeting at Stellenbosch University in April where he informed students about the strike. The prosecution cited the following statements among others as being subversive: 'Police and soldiers were sent with guns, when they met people they shot them, teargassed them, hit them with stones.'(CP 27.9.87; Repression Monitoring Group 5.10.87)
- Strikes on the mines More than 177 members of the National Union of Mineworkers (NUM) were arrested during the August 1987 wage strike. Several appeared in trials in the course of the year, most of which are still in progress.(BBC 14/18.8.87; Star 13.8.87)
OTHER PRISON SENTENCES
- Benjamin DE BRUIN of Stellenbosch was jailed for six years, three of which were suspended, for having a tattoo which was interpreted as 'furthering the aims of the ANC'.(WM 24.12.87)
- Ciskei bantustan - Two men from the Ciskei bantustan were found guilty and sentenced in the Zwelitsha Regional Court in October. Madlala GONIWE was convicted on two charges of public violence and was sentenced to an effective five years imprisonment. Macebo TOKWE (who was named in another report as Zwelinzima TOKWE) was found guilty of possessing a dangerous weapon and sentenced to six months suspended for five years. Their five co-defendants were all acquitted, while charges against an eighth accused were withdrawn when the trial began in July.(NN 13.8.87; WM 30.10.87)
