Political executions resumed in Pretoria Central Prison on 24 November when two Port Elizabeth men, Kholisile DYAKALA (31) and Zwelindumile MJEKULA (36) were executed. A last-minute stay of execution was granted to Paul SETLABA (24). At the same time as international protests were mounting against these executions, President Botha announced a reprieve for the Sharpeville Six.
Details about the case of Dyakala and Mjekula only became known shortly before their petition for clemency to Botha was rejected and their execution date set. They were sentenced to death in December 1987 in the Port Elizabeth Supreme Court, convicted of murder for the death of a security guard. He worked at the Coega salt works near Port Elizabeth and was shot dead on 9 June 1986 by a group of residents seeking to take his firearm. No reference to political motivation was made at the trial but the incident took place during a time of intense repression in the area by the police and military.
The two men were convicted solely on the basis of statements taken from them while in detention plus 'pointings-out' at the site of the killing allegedly made by them to police. These statements were challenged by the defence in a series of trials-within-the-trial but Justice Solomon ruled the evidence admissible. Apart from this, according to the judge, there was no direct evidence linking the men to the offence. Mjekula was found guilty through common purpose - there was no suggestion that he was armed.
All attempts to appeal against the sentences were refused, as was a petition for clemency submitted to President Botha. At least seven political prisoners were executed during 1988 without having been granted leave to appeal against their conviction or sentence.
Paul Setlaba (24), a member of the Colesburg Youth Organisation, was granted a stay of execution by the Minister of Justice just hours before he was due to hang with Dyakala and Mjekula. This followed an earlier stay granted him in June to allow him to submit a petition for clemency to President Botha.
Setlaba's petition explained the background to his involvement in the death of a suspected police informer in October 1985. Three months earlier he had watched helplessly as police hiding in a house ambushed and shot dead four youths, including his close friend Krakra MACIKI. Setlaba was greatly disturbed by this and has been diagnosed as suffering from Post-Traumatic Stress Disorder at the time of the alleged offence. Police violence in Colesberg in this period is the subject of a number of civil cases for damages presently before the courts, including one arising from the incident in which Maciki died.
Setlaba admitted participating in the attack on the suspected informer but denied killing her. Evidence of his role was given by a 16-year-old state witness who was himself involved in the attack and has since admitted lying to the court. On 23 November the Supreme Court rejected an application to re-open Setlaba's trial because of this perjury. Eventually, however, the Minister of Justice granted a stay pending the State President's response to the same request, as allowed under Section 327 of the Criminal Procedure Act.
On 23 November, Botha granted a reprieve to the Sharpeville Six who were convicted for the killing of a Lekoa councillor in September 1984. This followed immediately after five Appeal Court judges had rejected their application for a re-opening of the trial to cross-examine a state witness who had admitted perjury. All six were given long prison sentences: Duma Joshua KHUMALO and Francis Don MOKHESI received 25 years each; Mojalefa Reginald SEFATSA got 20 years; Reid Malebo MOKOENA, Oupa Moses DINISO and Theresa RAMASHAMOLA each received sentences of 18 years. They have already served three years' imprisonment since conviction in December 1985.
