After admitting undergoing military training abroad and returning to South Africa to establish underground structures for the ANC, two combatants, Zolile Michael DIKIZA (28) and Ludwe Lemuel LEBESE (27), were each sentenced to 10 years' imprisonment for 'terrorism' in May. When the men submitted these admissions to the Kenton Regional Court in April their seven co-defendants, Thembile MTULU (28), Andile MTULU (28), Michael Fuzile WITBOOI (28), Nene MESHILE (29), Charles Sipho ADAMS (34), Edward GABU (51) and Monde Dugmore JOHNSON (31), all from Port Elizabeth, were released.
The men were detained in early 1988 after a tip-off by doctors at a local hospital. One of the nine was admitted after becoming 'temporarily disturbed' and the doctors treating him phoned the police to report 'certain information' he had revealed to them.
Ntsikelelo Enoch KWEZI (28) an alleged ANC combatant, was sentenced to an effective prison term of 12 years and three months in March by the Alexandria Regional Court. He was convicted of a number of charges including 'terrorism', membership of a banned organisation, possessing weapons and explosives, and fraud, all between 1985 and 1988. The fraud charge arose from Kwezi presenting forged identity documents at a roadblock near Piet Retief in April 1988.
Kwezi seems to have been convicted on the basis of a statement made in detention after he had been assaulted by police. He maintained that reporting the assault either to the magistrate taking the statement or to the inspector of detainees would have been useless as they were state employees.
The indictment alleged that Kwezi had received military training in both Port Elizabeth, his home town, and Angola but did not say he had carried out any armed actions.
Two men convicted of undergoing military training for the ANC were each sentenced to effective prison terms of seven years on 31 May by the Transkei bantustan's Supreme Court sitting in Umtata. Mfanelo MATSHAYA (23) and Pumlani KUBUKELI (21) allegedly left South Africa in 1982 and trained in Lesotho, the German Democratic Republic and Angola.
The main evidence against the men was given by two former ANC members. 'Mr A', a former prison warder, said he joined the ANC in 1983 and returned to South Africa in 1987. After being detained for three months under the Internal Security Act he agreed to testify in political trials. He claimed to have known Matshaya and Kubukeli in Angola under the names of 'Ronnie' and 'Ntsimbi' (Iron). 'Mr. B' left South Africa while a student and had been testifying in trials since his return and arrest in 1986.
The defence led no evidence but both accused gave evidence in mitigation of sentence. They proclaimed their support for the ANC and described the South African government as the 'real terrorists'.
Malebane Elifas TSWAI (28) and Sam Thabo MASEMOLA (29) were sentenced in the Pietersburg Regional Court on 26 May after the state dropped charges against the first defendant in the case, Peter Ramoshoane MOKABA (30), the president of the South African Youth Congress.
The three were originally charged in November 1988 with 'terrorism', in connection with the ANC's armed struggle. Mokaba was alleged to have supervised ANC activities inside South Africa between March 1987 and March 1988 and Tswai and Masemola to have acted under his instructions. However, after Mokaba's discharge, the other two pleaded guilty to alternative charges. Tswai, the president of the Sekhukhune Youth Congress, admitted participating in ANC activities by acting as a courier to Botswana and moving arms from one hiding place to another. He was sentenced to four years' imprisonment. Masemola received a two-year sentence under the Explosives Act for possessing two limpet mines. Both denied having received military training.
Mokaba was previously convicted in 1983 and freed in 1985 after a retrial was ordered at an appeal. He was severely tortured when detained in March 1988.
Teko MOKHOU (32), a former clerk in the Transkei bantustan's Department of Justice, was sentenced to eight years' imprisonment by the Umtata Regional Court on 21 June, after being convicted under the Transkei Public Security Act.
Throughout the trial evidence was given of assaults on detainees by bantustan police. A district surgeon's report stated that Mokhou was burnt on his limbs and chest. A security policeman, Sergeant Zolani Madikizela, admitted that he had been named in a number of affidavits by detainees seeking court injunctions to prevent assault and was quoted as saying, 'Generally, police do beat up and torture people in the course of their duties.' When handing down sentence the presiding magistrate said the court had 'taken into account that Mokhou had suffered in the hands of the security police.'
The bulk of the evidence against Mokhou came from two unnamed people who were 'warned' as accomplices and offered indemnity from prosecution if their evidence proved satisfactory. One of these was almost declared a hostile witness by the prosecution when his evidence deviated from earlier statements. He also described being tortured.
The defence called for Mokhou's acquittal saying there was no case to answer, but he was nevertheless convicted of sabotage for allegedly bombing the post office at Cala in April 1986, damaging the telephone exchange.
Robert Dumisani MWANDLA (28) was sentenced to an effective ten years' imprisonment by the Johannesburg Regional Court on 20 March after being convicted of furthering the ANC's armed struggle. No details of the evidence against him were reported. However, he was convicted of undergoing military training in Botswana in early 1984, making reconnaissance trips to South Africa between 1984-7 and establishing arms caches. He was apparently detained on 17 December 1987. Mwandla received five concurrent prison terms, for 'terrorism', membership of a banned organisation, and possession of arms, ammunition and explosives.
Recent trials involving charges of treason have featured argument over the legality of different forms of resistance by raising the question of their relation to the overall struggle to end apartheid. Such charges have been more frequent during the past ten years, as the level of armed struggle and open mass resistance has risen, but it is difficult to discern a pattern in the use of the charge of treason in political trials. Treason — an offence under the common law — involves an attempt to overthrow or coerce the state by people who owe allegiance to it. Such charges have usually included allegations of conspiracy with the ANC. The prosecution generally leads evidence that the ANC is committed to a strategy for the overthrow of the apartheid regime which is furthered by actions of the kind which are the subject of the trial — whether armed struggle or mass mobilisation.
