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48437NCJRS.Pdf If you have issues viewing or accessing this file, please contact us at NCJRS.gov. '''''~r 1\ " 0 I: ' ~~"'~ '.,. o cD 0':' 0 0 C/. () ~) (., '\ (> I'. ()( " 1 ~ j " ,1 ~f j \ , .. ';'i '.~jt ~ ,~, ~ ~,~~ ". \ ;~.' '. " ~ (~)'C?: j~~ , Ci ~ .. (.l ", ~" (" r ~ " ','.~.,':~ 1/ -,~' ~""':""I... i,_._ ..::;S-.~,_ ... ,.. _,~______ ,," ~~,_,.~"'""" ................... _ ... ........" ,,"'.; ............. ..;....,;. ;, ,_, .. "" .. :. t-- J4UL 101978 J f. .~ ! ACQUlSITI,~ .. -I'.) SltCURITY AND RELATED TRIALS IN SOUTH AFRICA July 1976 - Hay 1977 Research Department, . S .A. Insti.tute of Race Relations Rl,20 INTRODUCTION This report documents the proceedings, and results of a variety of security and related trials over the period July 1976 to May 1977. Not all such trials are included. Major security trials concluded during 1976 are summarized in the 1976 Survey of Race Iilelations, Other security trials may have proceeded "Id:thout coming tp the attention of the writer. Although an attempt is made i.n the ensuing summaries to give a true reflection of the proc'eedings it has been impossible, in terms of available space, to gi,ve a complete apcount of each trial. Attention has been paid to more noteworthy aspects while at the same time both 'the defence and Stat.s sides of' a case have been reflected wherever possible. Press articles have been used as the sources frir most accounts, 'although direct references have not always t-een given due .to the confines of space. In addition, members of the legal profession have been very helpful in providing information to fill in gaps where they existed. Complete information has not been obtained for a number. of cases. , Trials have been categorized according to place of t~ial. All dates mentioned refer to t~e year 1977 unless otherwise stated~ Surnames are sometimes used without title§ for the sake of' brevity and reflect ho lacJ;c of deference ,to the person~ concerned. Newspapers Use<;l in Research Ar'gus Star Beeld Sunday Express Die Burger Sunday Ti:l1les Cape Times Sur;tday Tribune Daily Dispatch Transvaler Daily News Weekend World Eastern Province Herald World :\ Natal Mercury Natal 'fitness 27 May, 1977 --..."..-- - CONTENTS Page 1 • Trial s in th'e J ohanne sburg: Area 1 2. Randbu;rg .5 3. Ra;n,d,f'ontein and Springs 9 4. Vanderbijlpark and Parys 1.5 ~ 5. Pretoria 16 ~,. 6. If;ttbank 30 7. Cape Town Area 33 8. Granamstown and East London 41 9. Bloemfontein 49 10. Kimberley .52 11. Umtata 53 12. Durban .5.5 l3. Windhoek (Including appea.l frrJm WmdhC?ek 59 Supreme Court to Appe:1.late Division) 14. Pietermaritzburg .63 ADDENDUM 68 INDEX 70 -- - - --- ------ II " . ,.' • co Brief Desoription of the Seourity Leg-islation implemented in the Cases Below Terrorism Aot, 1967 In terms of this Act terrorist aotivi ties are ,.,idely defined. If an accused is found guilty of having committed any act inoluded in the list enumerating offenoes, the onus is on him to prove that his intention was not to commit terrorism. The minimum sentenoe for convictionf~ terrorist activities is five years' imprisonment. T~e death penalty can b~ imposed. In terms of Sectioh 6 of the Adt art offioer of the polioe of or above the rank of L!eutenartt-C010ne1 may order the arrest without '~rrant and the detention for interrogation of any person whom he has reason to beli-eve is a terrorist, or is withholding information relating to terror~sts or to offences under the Act. A person can be detained incommunicado indefinitely. No court of law may pronounce up.on the validity of any action taken in terms of the detention provisions of the Act. If circumstances so permit a detainee is visited in private by a magistrate at least once a fortnight. Internal Security Act, 1950 (Previously called the Suppression of Communism Act until amended in 1976) The Minister is empowered to direot that a person should be detained L~ custody in a prison area for a specified period if he is satisfied that the person is engaging in activities which endanger the security of the State. (Preventative Detention.) A further provision is that whenever, in the opinion of an attorney-general, there is any danger of tampering 'With or intimidation of any person likely to give material evidenoe in a trial in terms of the act, the attorney­ general may order the arrest and detention of such person. (Section 12(a)) Suoh a witness can be detained for any period up to six months. Unless permission is granted, no one can have acoess to such d~·tainees. These same provisions are contained in the Criminal Procedure Aot as amended in 1977. The terms of the Suppr~ssion of Communism Act and the offences created thereby, were embodied in the revised act. Unlawful. Organizations Act" 1960 In terms of this Act the Government was empo,.,ered to declare certain organ:i.zations unlawful ~ This power. was used against the ANC and PAC as well as the Congres's of Democrats and other organizations. Any person who performs any act oa1cu1ated to furtb.er the aims of an organization decla:ted, unlawful or who continues as a member is guilty of an offence and iiable upon conviction to a term of imprisonment not exceeding ten years. Sabotage Tb.e offence of Sabotage was created by the General Law Amendment Act, 1962. It provided that penaltieo crt convic'bion would be those l.aid dow'!'l for the offence of treason, which may incl.ude the death penalty. If a sentence of imprisClnment is imposEti this must be a minimum of five yea:r's in l.ength. (~;ection. 21 of:' the Act). Explosives Act. 1956 In terms of this act, as amended a minirL1Ul1l sent ence of' 5 years is imposed if a person is convicted of ;Lntending to use explosives for the purpose of irijuring any person \~r damaging any property. The onus is on the aocused to disprove ,fUly suspicion. !i i!" 'I " II SECURITY TRIAL SU1\1i\1ARIES 1.1. JOHANNESBURG 11AGISTRATES COURT (29~ge76 - 21.2~77) Accused: Paulus Khubeka(2.5) Petrus Zungu(26) Aaron Nene(3S) Ephraim Khumalo(32) Alson Sithole(32) Pius NdloVU(30) Charge: Sabotage Summary: The accused were alleged to have set fire to a municipal bus in Kensington on 1.5 September 1976. Case postponed to 14.100 76 0 Thereafter fLlrther postponed. The State withdrew charges against all the'accused' except Paulus Khubeka" State witnes~es gave eye witness accounts of Khubekafs participation. Judgement:Khubeka was found guilty and sentenced to imprisonment for 7 years. 1.2. RAND SUPREME COURT (4 0 2 Q 77) Accused: Fukumu Stephen Mohamme(23) Charge: Terrorism Act. Summary: ivlohamme pleaded not guilty to charges of haYing twice visited the vegetaple counter at O.K. Bazaars, Eloff Street 1 Johannesburg durlllg the Soweto disturbances and reading from a pamphlet urging blacks to kill whi~es. The pamphlet was entitled liThe voice of the black people in South Africa. 11 Judgement:He was found guilty and sentenced to imprisonment for five years. (Rand Daily Hail 4.2.77) ],vIr. Jll.sticeMyburgh described the pamphlet as serious incitement. 1.3. JOHANNESBURG MAGISTRATES COURT (29.9 .. 76 - Accused: Zacharia lVIaholobela(34) - 21~8.76. Charge,: Internal Security Act Summary: Charges were that he took part :i.n·the'activities ot' a banned organization, the ANC, by distributing its offj.cial mouthpiece enti'tled "The voice of the ANC spea,r of the nation - the war is on. II He was' arrested in Commissioner Street on 12 August 1976.' No evidence 1vas led and the case was postponed to 1.5 October. (World 30.9.76.) .1,;' 2/ •• 1>. 2 1.4: JOHANNESBURG REGIONAL COURT (19.1.77 - 1.3.77) Accused: Edith Thenjiwe JVIbala(50) - Johannesburg switchboard operator. Charge: Fll.rthering the aims of an Unlayiful Organization and possession of indecent or obscene photographic matter. Summary: iYIrs. iYIbala was allegedly found reproducing pamphlets entitled "Amandla Soweto" said to have been issued by the ANC and which she intended to distribute. iYIr. C.3. van. der Merwe, h~ad of the department of political science at the Rand Afrikaans University, gave evidence for the State and said that pamphlets deF!(;X':ibed the white government as murderers who killed innocent people. Judgement :Mrs. Mbala was found guilty of reproducing. the pamphlets on an office photostat machine on 9 July 19'76. The magistrate said the pamphlets were an inflammatory ca.ll to a~ms a few weeks after the Soweto riots, and called for confrontation with authority. Mrs .. lYlbala was sentenced to imprisonment f.or three years for furthering the aims of the ANC. 1.5. JOHANNESBURG MAGISTRATES COURT (25.1.77: Accused: I<hehi~ Cleop~s Shubane(20) . Rita Alita Ndzanga{ 43) (Wife of Lawrence Ndzt:mga who died :in detention on. 8.1.77. ) Charge~ In terms of the Terrorism Act. Summary: ~he two acc~~ed ~ppeared in court on 25 Janpary. Lawrence Ndzanga wa'l? to p.av.e appeared as a co-accusi?d with them. :M:i:'s. Ndzanga was released on R5 000 bail and Shubane was remanded in custody. The trial was further remanded on 17 February to 3 March. On tha'l; date it was postponed to'the Springs Ci:i:'cuit Court i'or trial on .18 April. The trial resumed in early iYIay. The State alleged that both accused recruited students for military training in Botswana. On 9 Maya student of 15 years, held in security detention, gave state evidence regardi~g a trip to Botswana f~om Mr. Ndza~gals house with other stUdents.
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