Notes and Documents - United Nations Centre Against Apartheid, No. 2/70 http://www.aluka.org/action/showMetadata?doi=10.5555/AL.SFF.DOCUMENT.nuun1970_02 Use of the Aluka digital library is subject to Aluka’s Terms and Conditions, available at http://www.aluka.org/page/about/termsConditions.jsp. By using Aluka, you agree that you have read and will abide by the Terms and Conditions. Among other things, the Terms and Conditions provide that the content in the Aluka digital library is only for personal, non-commercial use by authorized users of Aluka in connection with research, scholarship, and education. The content in the Aluka digital library is subject to copyright, with the exception of certain governmental works and very old materials that may be in the public domain under applicable law. Permission must be sought from Aluka and/or the applicable copyright holder in connection with any duplication or distribution of these materials where required by applicable law. Aluka is a not-for-profit initiative dedicated to creating and preserving a digital archive of materials about and from the developing world. For more information about Aluka, please see http://www.aluka.org Notes and Documents - United Nations Centre Against Apartheid, No. 2/70 Alternative title Notes and Documents - United Nations Centre Against ApartheidNo. 2/70 Author/Creator United Nations Centre against Apartheid Publisher Department of Political and Security Council Affairs Date 1970-01-00 Resource type Reports Language English Subject Coverage (spatial) South Africa Coverage (temporal) 1970 Source Northwestern University Libraries Description TRIAL OF 22 AFRICANS FOR ACTIVITIES OF AFRICAN NATIONAL CONGRESS. Mrs. Mandela's 21-year-old sister, adopted granddaughter of Mahatma Gandhi and crthers allege ill-treatment in prison. AN AFRICAN SENTENCED TO SEVEN YEARS UNDER THE TERRORISM ACT. MORE SOUTH AFRICANS SERVED WITH BANNING ORDERS FOR OPPOSITION TO APARTHEID. NOTE ON PERSECUTION OF MEMBERS OF THE LEGAL PROFESSION IN SOUTH AFRICA. Format extent 32 page(s) (length/size) http://www.aluka.org/action/showMetadata?doi=10.5555/AL.SFF.DOCUMENT.nuun1970_02 http://www.aluka.org NOTES AND DOCUMENTS* NOTES AND DOCUMENTS* No. 2/70 January 1970 Page TRIAL OF 22 AFRICANS FOR ACTIVITIES OF AFRICAN NATIONAL CONGRESS Mrs. Mandela's 21-year-old sister, adopted granddaughter of Mahatma Gandhi and others allege illtreatment in prison AN AFRICAN SENTENCED TO SEVEN YEARS UNDER THE TERRORISM ACT MORE SOUTH AFRICANS SERVED WITH BANNING ORDERS FOR OPPOSITION TO APARTHEID NOTE ON PERSECUTION OF MEMBERS OF THE LEGAL PROFESSION IN SOUTH AFRICA TRIAL OF 22 AFRICANS FOR ACTIVITIES OF AFRICAN NATIONAL CONGRESS The trial of'22 Africans - 17 men and 5 women - under the Suppressien of Communism Act began in the Pretoria Supreme Court in the Old Synagogue, Pretoria, on December 1, 1969. They were charged on October 28 with membership in the African National Congress, banned in 1960, and 21 specific charges, and held without bail. One of the accused is Mrs. Winnie Mandela, wife of Mr. Nelson Mandela (leader of A.N.C. now serving life imprisonment), who has herself been constantly harassed for opposition to apartheid. Among other accused are several trade union leaders, students and journalists. They have been in detention under the Terrorism Act since May-June 1969 and held incommunicado with no access to families or lawyers until charged. The Prosecutor stated that of more than 80 state witnesses, a substantial number had also been detained under the Terrorism Act. Several of the witnesses who have so far appeared alleged brutal ill-treatment in priLson to force them to make statements. Two of the witnesses were sentenced to two months' imprisonment for refusing to give evidence for the state and have been warned of a further sentence. The prosecution has alleged that the African National Congress is a section of the communist movement, an allegation which had been discarded by the court in the marathon trial of A.N.C. learers from 1956 to 1961. While the indictment contains serious charges under South African repressive legislation, the evidence presented so far deals mairly with such matters as the formation of a group to publicize African grievances, distribution of leaflets, possession of literature, and correspondence with London, especially the receipt of funds for relief of political sufferers. The prosecution also seems to be attempting to secure convictions for relief and humanitarian assistance to families of those imprisoned for opposition to apartheid - an activity which has been strongly supported by the Member States of the United Nations. Press reports also indicate that the defence has had to be condu 'ted under serious difficulties, as adequate facilities were not provided for the accused to meet together with Counsel and as numerous documents were presented only a few days before the trial. Cn December 8, the court rejkected the application of defence that the accused be supplied with statements they had made while in detention. -2- The trial was adjourned oi December 15, 1969, and will resume on February 16, 1970, after the Christmas recess. The Accused 1. Mr. Samson Ratshivande NLOU 2. Mr. David MOTAU, a truck driver employed by the South African Associated. Newspapers, Johannesburg. (Uncle of Mr. Iviatshaba, accused no. 7) 3. Mrs. Winnie MANDELA, wife of Mr. Nelson Mandela, prominent leader of A.N.C. now serving life imprisonment. Had herself been repeatedly jailed and banned for opposition to apartheid. 4. Mr. Hiengani Jackson MAHLAULE 5. Mr. Elliott Goldberg TSHABANGU, former executive committee member of the Furniture, Mattress and Bedding Workers Union and member of local committee of South African Congress of Trade Unions. Banned for five years in 1964. 6. Miss Joyce Nomafa SIKHAKHANE, a reporter on the Rand Daily Mail, Johannesburg 7. Mr. Nanko Paulus MATSHABA, a postal clerk at the South African Associated Newspapers, Johannesburg 8. Mr. Lawrence NDZANGA, a trade unionist 9. Mrs. Rita Anita NDZANGA, wife of Mr. Lawrence Ndzanga 10. Mr. Joseph SIKALALA, a 19-year-old matriculation student from Diepkloof, Johannesburg 11. Mr. David Dalton TSOTETSI, a 20-year-old matriculation student from Diepkloof, Johannesburg 12. Mr. Victor Emmanuel MAZITULELA 13. Mr. George MOKWEBC, a 22- year-old matriculation student from Diepkloof, Johannesburg 14. tr. Joseph Chamberlain NOBANDA 15. Mr. Samuel Solomon PHOLOTHO, a salesman and trade unionist 16. Mr. Simon MOSIKARE -3- 17. Mr. Douglas Mtshetse MVEMBE, a 73-year-old pensioner of Alexandra Township, Johsnnesburg 18. Miss Venus Thokozile MNGOMA 19. Miss Martha DHLAMINI, had been served with five-year banning orders in 1964 20. Mr. Owen Msimilele VANQA, a reporter on the East London Daily Despatch 21. Mr. Livingstone YANCOKO, of Port Elizabeth 22. Mr. Peter Zexforth MAGUBANE, a prominent African photographer employed by the Rand Daily ail Charges The twenty-two Africans are charged with being office bearers, officers, members or active supporters of an unlawful organization - the African National Congress - acting in concert with one another and with Mr. Nelson Mandela, Mr. Oliver Tambo, Mr. Paul Joseph, lir. Duma Nokwe, Mr. Phillip Ralph Golding, Mr. Lucas Johann Opperman and Mr. John Schlapobersky. l/ It is alleged that their activities took place during the period October 1967 to June 5, 1969, in Johannesburg, Durban, Cradock, Port Elizabeth and Umtata and other places unknown to the Prosecutor. l_/ Mr. Nelson Mandela, prominent leader of the 1.N.C. and principal accused in the "Rivonia Trial" of 1963-64, is serving life imprisonment on Robben Island. Mr. Oliver Tambo, Acting President-General of the A.N.C., is in exile. He appeared before the Special Political Committee of the General Assembly in 1963 and the Special Committee on Apartheid in 1964. He represented the A.N.C. at the United Nations International Seminar on Apartheid, Racial Discrimination and Colonialism in Southern Africa, held in Kitwe, Zambia, in July-August 1967. He participated in the special session of the Special Committee on Lartheid in Stockholm in June 1968 on the invitation of the Committee. Mr. Paul Joseph had long been active in the anti-apartheid movement in South Africa, and is now in exile. Mr. Duma Nokwe, the first African to qualify as barrister in South Africa and former secretary-general of the A.N.C., is also in exile. Mr. Philip Golding, a British economist employed in the Chamber of Mines in South Africa since 1967, was detained from May to December 1969, and appeared as the first state witness in the case. Mr. Lucas Cpperman, a South African employee of Chamber of Mines, also appeared as a state witness. Mr. John Schlapobersky, a student detained under the Terrorism Act in June, was released at the beginning of August and immediately flew to Israel. - 4 - The 21 main charges were summarized in the Rand Dailv Mail (October 29, 1969) as follows: * Established groups and committees within the African National Congress; * Administered and/or took the oath of the A.N.C.; * Recruited members or encouraged one another to recruit members for the A.N.C.; * Arranged, attended or addressed meetings of the A.N.C.; * Inspected trains and railway installations at Braamfontein, Croesus, Booysens and Crown and searched for the Langeberg Co-operative with the object of finding suitable targets and methods for committing acts of sabotage; * Devised means for obtaining explosives; * Discussed, distributed or possessed publications issued by the overseas branches of the A.N.C., the South African Communist Party and the South African Indian Congress and conducted correspondence with the overseas branches of the A.N.C. and/or with the coconspirators; X Prepared, discussed, distributed, possessed or concealed literature and/or correspondence of the A.N.C. and the correspondence in the previous charge; X- Propagated the communist doctrine by means of discussions, speeches and lectures; * Discussed matters affecting the A.N.C.