The campaign against political executions in South Africa was stepped up following the failure of the appeal by the Sharpeville Six in December. The regime faces the broadest and most co-ordinated demand ever for the commutation of the sentence on the six. The five men, Mojalefa Reginald SEFATSA, Malebo Reid MOKOENA, Oupa Moses DINISO, Duma Joshua KHUMALO, Francis Dan MOKHESI and one woman, Theresa RAMASHAMOLA, were convicted in December 1985 for allegedly killing a local councillor in Sharpeville during a rent protest. In mid-January they petitioned President Botha for clemency – the last step left before execution. (FOCUS 74 pp. 6,7)

At the end of January there were almost 50 people awaiting execution in South Africa for offences arising out of political protest.

  • The killing of an alleged vigilante led to a death sentence and four long prison terms in the Ciskei Supreme Court in November. Thembiseli BANETI (35) of Alice was the oldest among 18 accused charged with the murder of Kwezi Nyenyana in July 1986. No details of the incident were available except that the man was burnt to death.

Defence lawyers asked, for the discharge of all the accused at the end of the State's case, saying there was insufficient evidence to convict.

Thirteen of the defendants were finally acquitted while Baneti received the death sentence and four 18-year-olds were imprisoned. Xolani SONQAYI received 20 years, Koliswa SETI and Nyiki NAKANE received 15 years and Mawethu MABONA received 12 years. All five were granted leave to appeal. (WM 13.11.87; CP 15.11.87)

Nggandu stood trial with six others in the Supreme Court in Uitenhage in August: Koko Tozama NOABA (18), Zamuxolo MAHE (18) (sometimes referred to as an unnamed youth of 17), Mncedisi Nimrod BIKA (23), Ntsikelelo Michael MDODA (24), Mvuleni Ambrose MDE (21) and a youth of 15 years. They had been in custody since the killing two years before.

Two state witnesses told of being assaulted and forced to make police statements. Vuyani Maxwell Nkothobe was taken to the Berry's Corner police station the day after the killing and asked to identify a group of men who were paraded outside. One of those he pointed out was Nggandu whom he had seen the day before at a cafe. Nkothobe was 'struck and kicked' and had a rubber tube twice pulled over his face to force him to recount what Nggandu had told him after the killing. Eventually he succumbed because he did not want to 'stay in jail for something he knew nothing about'.

Thembakazi Cynthia MONI (25) totally refuted her statement when called to take the witness stand. She told of being taken from her home to Algoa Park Police Station and being forced to say something about the killing. In court she said she spent the evening of the murder inside, watching TV with four other people including one of the accused, Mdoda.

More details of police violence were revealed in a 'trial within a trial' to determine the admissibility of statements made by the accused. A former policeman admitted seeing injuries on Nggandu after he had been taken to Louis Le Grange Square for interrogation. Hennie Kriel said Nggandu told him he got the abrasions on his body when he was trampled while lying on the floor. Kriel said he recorded the injuries, which he observed while Nggandu stripped before making a statement.

Warrant Officer Strydom denied assaulting Nggandu or threatening him with death. The defence charged that Strydom allowed junior policemen to beat up Nggandu in a blood-spattered room. Under cross-examination Strydom acknowledged it was 'common knowledge' that people had died in police custody and said that he had himself been involved in investigations into such deaths.

Evidence by police also shed light on methods used to suppress resistance in Soweto in September 1985. Detective Sergeant D F Kozana said he and others had gone there 'to combat unrest and enforce emergency regulations'. The area was cordoned off by the South African Defence Force and both uniformed and plain-clothes police were patrolling. He admitted that he was taken to Nggandu's house by a boy of about 10 years of age whom police had accused of being a comrade. The terrified boy then 'volunteered' to take Kozana to the 'leader of the comrades'.

At the end of the state's case three of the accused were discharged. Nqaba was later acquitted while Bika and the 15-year-old were convicted of assault with intent to do grievous bodily harm. Their prison terms of three years were conditionally suspended in view of the two years they had already spent in custody. On 9 November Justice Foxcroft sentenced Nggandu to death. Although Nggandu would only have been 20 at the time of the offence the judge apparently rejected youthfulness as a factor in sentencing. He also refused Nggandu leave to appeal. (EPH 4/19/20/21/22/25/26.8.87; Star/DD 10.11.87)

In July 1986 he led about a thousand workers in a strike against the recently imposed State of Emergency and the detentions that followed. He was convicted of killing a strikebreaker. He was also sentenced to 12 years for the murder of a security guard at Bliss Dairy and given two eight-year sentences for the attempted murder of a Nelsrust Dairy worker and a worker at Checkers in Halfway House. No details of the trial were reported. CCAWUSA instructed its lawyers to appeal on his behalf. (S 1.12.87; NN 3.12.87; WM 4.12.87; FOCUS 71 p.7)

  • Also in the Rand Supreme Court, on 25 November, Abraham MNGOMEZULU (23) was sentenced to death for the murder of a police informer. Mngomezulu appeared with four co-accused: Raymond NGWENYA (19), Timothy TSHABALALA (18), Talitha MATSITSE (18) and a youth of 16 years. They were alleged to have been amongst a crowd of some 20 or 30 people who attacked Mandla Khoza, stabbed him and finally burnt him to death in April 1987. Many of their names featured on a list which Khoza had handed over to the police.

Khoza was killed in the Naledi section of Soweto during a stayaway by thousands of Sowetans in support of the rent boycott and in protest at evictions by the Council.

Khoza was the second fatality of the stayaway. Patrick PHOKOJOE died in hospital after being shot in the head by police. A report at the time said Mrs. Khoza (presumably a relative) had refused refuge to Phokojoe when he was fleeing from the police. The house was subsequently attacked and Khoza killed. (Star/S 22/23/24/30.4.87)

Evidence against the five came from a number of witnesses, some unnamed, who had seen and possibly participated in the attack. It was clearly given under duress. Some of the accused also gave evidence.

Justice O'Donovan ruled there were extenuating circumstances in favour of all but Mngomezulu, whom he sentenced to death. No details of the other sentences were reported.(DD/Star 5.5.87; Star 21.5.87, 15.10.87; S 14/15/16.10.87, 20/24.11.87; Cit 26.11.87)

  • At the beginning of November leave was granted to Miki YELANI (21) to appeal against the death sentence passed on him in the Grahamstown Supreme Court in September. Yelani was convicted of murder following the death of a man in Langa, Uitenhage in April 1985. Yelani did not physically participate in the killing but the court found that he had chaired a 'meeting' or 'tribunal' at which the man was 'sentenced to death'. This finding was the basis of Yelani's appeal - his counsel argued that it had not been proved either that Yelani 'presided' at the meeting or that the meeting had sentenced the man to death. He also argued that the court was wrong to deduce that decisions taken at such 'comrades' courts were inevitably carried out. Yelani's youth - he would have been no more than 19 at the time - was an additional extenuating circumstance put forward.

Yelani was convicted by Justice Kannemeyer together with Gloria NGESIMANI (24), Wellington MATUVANA (43) and Mbuyiseli NGESIMANI (37). It was established that Thami Ntshenge was stoned and set alight after being held responsible for burning down 'the Ngesimani family's home. They were both found to have actually participated in the killing of Ntshenge. Mbuyiseli Ngesimani threw the first stone and his wife had 'exhibited a willingness to do so' while Matuvana had recaptured Ntshenge after he had escaped from the meeting which allegedly condemned him. In all these cases the judge found extenuating circumstances but was reported as saying that the fact that Yelani was not present at the killing 'did not constitute an extenuating circumstance'. Mbuyiseli Ngesimani was sentenced to 17 years while Gloria Ngesimani and Matuvana each received 15 years. (EPH 29.8.87, 30.9.87, 4.11.87; CP 4/11.10.87)

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