I I J

1 NATAL PROVINCIAL DIVISION

THE STATE versus

1. JOHN MOFOKENG. SEKE~~,a 24 year old Black male S.A. Citi~~n 2. TLADITSAGAE MOSES MOUEFE, a 23 . year old Black male S.A.

3.

4. 5. 6. 7.

12.

Cj ti. 7. t:f.l

JEFFREY RAMASAKA LEGOABE, a 30 year old Black male S.A. Ci t .~ '7 t~ .1

THIBE JIMMY NGOBENI , a 27 year ,ld Black male S.A. Citizen ANDREW IvlAPHETO , a 20 year old Bla~k male S .A. Citizen BENNET PANTESE KOIv~, a 46 year old Black male S.A. Citizen TITUS MOGALETCOE Iv~EKA , a 25 year old Black male S.A.

Citizen SYDNEY SEKWATI CHOMA, a 23 year old Blac~ male S.A. Citizen MANDLENKOSI CHRISTOPHER HADEBE, a 27 year o~d Black male

S.A. Citizen MANDLA JACK l~HETWA, a 22 year old Black male S.A. Citizen VUSUMUZI NICHOLAS ZULU, a 28 year old Black male. S.A.

Citizen J.AMES DANIEL MANGE, a 24 yeax old Black Male S .A. Citizen

(hereinafter referred to as the accused)

I N D I C T MEN T

The Attorney-General for the Province of Natal, who prosecutes for and on behalf of the State, presents and gives the Court to be informed that tha accused are guilty of the crimes of :-

99~U}{~.1 HIGH TREASON alternatively (as separate counts) 43 counts of Participation in Terroristic Activities in contravention of the provisions of Act No. 83 of 1967 (Counts 2 ~ 44).

Contravening section 18(2)(a) of the Riotous Assemblies Act No. 17 of 1956 - Conspiracy to commit murder.

2/ •...

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C()UNT 'k6

FRl:.1J1BLE

- '.

Contravening section 18(2)(b) of the Riotous Assemblies Act No. 17 of 1956 -Incitement to comrei t murder . (against accused Nos . 9 and 10 only)

WHLHEAS at all times relevant to t his Indictment there was in existence a conspirdry by the African National Congress and/or the A. N.C. and/or the S.A.A.N. C. and/or rmkhonto We Sizwe and/or Umkhonto . and /or the Spear of the Nation and/or the Spear and/or by persons operating as or purporting to operate as one or more of the aforementioned organisations or groups of persons (hereinafter cOllectively and separately referred to 8S the conspirators) to unla~}fully overthrow or co-erce the Government of the Republic of South Africa by violence or by moans which include or envisage violence or by the threat of violence (hereinafter referred to as the object of the conspiracy).

Al'ID \,HERJ:.AS in furtherance of the object of the conspiracy the conspirators did recruit or attcapt to recruit persons

to join or support the conspiracy and/or did train or

attempt to train persons or cause persons to be trained irt the art of waging war and/or subversion and/or did

equip persons with \,Ieapons and other accoutrements necessary for the purpose of committing subversive acts against the Republic of South Africa (hereinafter referred to as the Republic or the State), and/or did daploy persons trained and/or equipped as aforesaid in Southern Africa .

COUNT 1

AND llHERLAS at all relevant times the Republic was a sovereign innependent State possessing majestas

Alm IIHBREAS at all relevant times the accueed , as subjects and/or r~s idents of the State, owed allegiance to the State

3/ ....

AND w~k&a& at all relevant times the accused were members and/or act i ve supporters of the conspirators

AND WHEREAS upon or ah~ut the dotes or during or about the periods and at or near the places mentioned in the Schedules A- L ~ tt ached hereto , the accused, acting in fUItnerance of a conspirac:,­with members and/or -.>,J.~porters of the conspira­tors, and through the conspir ators with each other, to achieve the object of the conspiracy, unlaw­fully liith hostile intent against'the State and with intention to overthrow or co-eree the Government of the State, committed one or more or all of the overt acts set out in the respective Schedule pertaining to each

accused

and/or

whilst at all relevant times being aware of the aforementioned treasonable activity the accused did not report the matter to the South African Police and/or any other law enforcement agency within the Republic.

NO\, THI:.lUJ'OIili the accused are guilty of the crime of HIGH TREASON.

4/ . .. .

SCHEDULE "A" - ACCUSED N0.!.-.l.

1. During or about the period November 1976 to August 1978 (the exact date(-s) being to the prosecutor unknown) the accused underwent military training in Angola, Russia ana ' East Germany .

2. During or about the period November 1976 to November 1978 (thb exact; date(..- s ) being to the prosecutor unknown) the accused established or assisted in establishing or acquired knowledge of the existence and loc~tion of,and thus possessed and/or had control of, a cache of arms, ammunition, explosives and/or other material useful to persons intent on waging war and/or subversion against the State (hereinafter referred to as arms or arms caches) at or near Witkleigat in the Republic of Bophuthatswana.

3. During or about the period July to November 1~78 -(the exact period being to the prosecutor unknown) the accused was part of a group of persons engaged on a mission to carry out a reconnaissance in the Province of the Transvaal and/or in the Republic of Bophuthatswana, and which group:

(a) bore arms in the Republic of Bophuthatswana

and/or

(b) on 1 August 1978 and at or near Witkleigat in the Republic of Bophuthatswana engaged members of the South African Police and of the Bophuthatswana National Guard in armed combat.

4.?uring or about November 1978 '(the exact date (-s) being to the prosecutor unknown) and

at or near Phokeng in the Republic of Bophuthatswana,

the accused atter'pt~d to recruit persons.

5/ ... · .

...

5. Upon or about 22 November 1978 and at or near Koster Location in the district of Koster the accused was in possession of a Makarov pistol and 2 loaded magazines with 16 rounds of ammunition.

6/ ...•

,

ACCUhl.D NQ. 2 .

1. During or about the period 1 October 1976 to

27 October 1978 (the exact date(-s) being to

the prosecutor unknown) the accused underwent I:f , crt;,I,_A, N 1

military training in angola , Euosia and Zambia .

2 . During or about October 1978 (tl e oxact date(-s) be i ng to the prosecutor unknown) the accused formed part of a group of persons

(a) engaged on a misaion to :

i) reconnoitre places; and/or

ii) estsblish a base( - s) to conceal men and/or arms; and or

iii) attack police stetions

st or near Vryburg snd/or Msfeking and/or other places in tho RepUblic to the prosecutor unknown,

(b) and which :-

i) bore arms in the Hepublic of Bophuthatswana; and/or

ii) upon or about 27 October 1978 and at or near Madimola in tho Republic of Bophuthatswana engaged members of the Bophuthatswana police in armed combat .

7/ .. ..

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-'I

SCHEDULE "c" _ ACCU:'-ED NO.3 .

1 . During or about the period December 1977 to December ,1978 (the exact date( - s) being to the prosecutor unknown) the a~cused underwent military training in Angola ,

2 . During or about January 1979 (toe exact date being·'to the prosecutor unknown) and at or DeBr

Dube, Soweto, the accused attempted to recruit a person.

,. Upon or about 8 March 1979 and at or ncar Dube, Soweto, the accused was in possession of a Nakarov pistol, 1 magazine, 48 rounds of ammunition, 2 handgrenades and a detonator.

, 8/ • • .•

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SCHEDULE "D" ACCUSED NO, 4 .

1. During or about the period November 1976 to March 1978, and/or again during or about the period April to December 1978 (the exact date( -s) being to the prosecu"o~ uw{nown) the accused underwent military ~raining in Angola, Russia and East German: .

2. During or about March 1978 (the exact • date being to the prosecutor unknown) the accused made trips to ~lalamulele and/or the Tshikundu area, Gazankulu to reconnoitre places where arms and/or men could be concealed.

3. During or about the period November 1976 to December 1978 (the exact date(-s) being to the prosecutor unkr.own) the accused establiahed and/or assisted in esteblishing and/or acquired kno»ledge of th~ existence and location,and thus possessed or had control, of arma caches within the Republic in the districts of Duiwelskloof and/or Elim, Transvasl.

4. During or ebout December 1978 (the exect date being to the prosecutor unknown) the accused, together with sccused No.5 and other persons to the prosecutor uffi<nown) returned to the Republic to reconnoitre places in the Province of the Transvaal and/or other places to the prosecutor unknown.

9/ ....

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SCHEDULE "E" - ACCUSED NO, 5.

1. During or about the period June 1976 to .December 1978 (the exact dateC-s) being to the prosecutor unknown) the accused underw~nt military training i n Angola and East Germany.

2. During or about December 1978 (the exact date being to the prosecutor unknown) the accused, together ' with accused No.4 and other persons to the prosecutor unknown, returned to the Republic to reconnoitre places in the Province of the Transvaal and/or other places ' to the prosecutor unknown.

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, '.

l.CC:UbED NO.6 .

1 . During or about the period June 1976 to August 1978 (the exact date( - s) being to the prosecutor unknown) the accused : -

/

(a) underwent military trs~ning in Angola and Russia

and/or

(b) was an "instructor" at the Benguela Camp for guerilla trsining in Angols •

2 . During or about July 1978 to January 1979 (the exsct date(-s) being to the prosecutor unknown) the accused returned to the Republic to reconnoitre places in the Province of the Transvaal where arms BDd/or ~en CQuld be

concealed.

3. During or about the period 20 November to 20 December 1978 (the exact date(-s) being to the prosecutor unknown) and at or near Meadowlands, Soweto, the accused attempted to recruit a person.

4. DurinB or about the period July 1978 to January 1979 (the exact date(-s) being to the prosecutor unknown) the accused was in possession of 8 Tokarev pistol, 2 magazines and 11 rounds of ammunition.

11/ ••••

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SCHEDULe; "G" - AC(,USED no . 7 .

1 . During or about the period December 1975 to February 1979 (the exact date(-s) being to the prosecutor unknown) the accused underwent military training in Angola and Russia .

2 . During or about February 1979 , ' ne exact dat~ being to the prosecutor unknown) the accused, together with accused No.8 and/or other persons to the prosecutor unknown , returned to the Republic to reconnoitre places at or near tennilton in the district of Groblersdsl, Transvaal and/or at'1er places to the prosecutor unlrnown, where arms and/or men could be concealed, and/or then and there established or assisted in establishing or acquired knowledge of the existence and/or location of and thus possessed and/or had control of, an arms cache (-s) at or near Dennilton BS aforesaid.

3. upon or about 8 February 1979 and at or near Dennilton, in the district of Groblersdal, the accused was in possession of a Makarov pistol, a magazine and ~ rounds of ammunition, and/or upon or about 9 February 1979 and at or Denr the aforementioned place, the accused was in possession of sn A. K. 47 riflo a Qsgazine and 27 rounds of ammunition, and 2 handgrenades.

1. During or about the period January 1975 to

February 1979 (the exact dateC-s) being to the prosecutor unknown) the accused underwent military

training in Libya, Angola and Russia.

2. At some time during the pericQ referred to in 'paragraph (1) above (the 6xa~t dateC-s) being to

the prosecutor unknown) the acc ~8 ed returned to the Republic to reconnoi tre\ places in Sekhu..lchuneland, , Transvaal.

3. During or about February 1979 (the exact date being to the prosecu'cor unknown), the accused, together wi th, accused No. (7) and/or other persons to the prosecutor unknown ; returned to the Republic to reconnoitre places at or near Dennilton in the district of Groblersdal, Transvaal where arms and/or men could be concealed, and/or then and there established and/or assisted in~ establishing, and thus possessed and/or had control of, an arms cache(-s) at or near Dennilton as aforesaid. , ,

4. During or about the period referred to in paragraph

(1) supra (the exact date(-s) being to the prosecutor lL'1k.11.0wn) the accused established, assisted in establish-=

ing and/or acquired knowledge of the existence and location ' of, and thus possessed and/or had control of,

arns caches in the Republic in the districts of Groblersdal and/or Nebo in the Transvaal.

(

13/ •••••

\)U~lJU1E J. - il SED !lU . ,~J

1. During or about the period January 1976 to March 1979 (the exact date(-s) being to the prosecutor unknown), the accus~d underwent military training in Angola .

'2 . During or about January 1979 (the exacc date being to the prosecutor unknown) and ~lt or near Njando area in the district of r~singa , Natal, the -accused .

a) made enq.l.Ur~es about places where arms and men could be concealed; and/or

b) recruited or attempted to recruit and/or enlisted or attempted to enlist aid in recruiting persons to kill people,

3. Upon o~ about 11-12 March 1979 the accused, together with accused No. (10),bro~ht firearms and anununition

(to wit 2 Russian A.K. 47 rifles, 3 magazines and 90 rounds of 7.62 rom anununition) into the district of 1'/binga.

4. Upon or about 12 March 1979 and at or near Njando area, in the district of r~singa, the accused together

with accused No. 10 recruited or attempted to recruit a person.

14/ ••••••

1. During or abollt the period Ilay 1975 to l~arch 1979 (the exact date(-s) being to the proseclltor unknown) the accused underwent military training in Russia .

2. During or about the period 1 May 1975 to 12 March 197q (the exact date(-s) being to the proseclltor unknown) the accllsed established and/or assisted in establishillg and/or acquired knowledBe of the existence and locatioll

of, and thuB possessed and/or had control of, arms cachee within the Rapllblic in the districts of NdllffiO and Nongame in Natal.

3. Upon or abollt 11-12 March 1979 the accllsed, together with accused No.9, brought firearms and ammunition (to wit 2 Rllssian A.K. 47 rifles, 3 magazines and 90 rou.nds of 7.62 mm ammu.nition) into the district of Msinga.

4. Upon or abollt 12 March 1979 and at or near Njando area in the district of Msinga the accllaed together wi th acclleed No.9 recrllitad or attempted to recrlli t a pereon,

15/ ...••

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'"... ,. - -- --

1 . During or abollt the period October 1976 to Jilne 1979 (the exact date( - s) being to the prosecutor unknown}

the accused Ilnderwen t mili tary training in Angola

and Russia .

2. During or abollt t he period November 1977 to Jilne 197q

(the exact date being to the pr osec utor unknown) the

accused returned to the Rep ubli~ t o reconnoitre and/or

sabotage pipelines at or near M€.rebank , Natal.

16/ ..•..

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~ 12 ._

1. During or about tbe period September 1976 to October 1978 (tbe exact date(-s) being to tbe prosecutor ~own) tbe accused underwent military training in Angola and Russia . . \

, 2. During or about JuJ.y-August 1978 (tbe exact date being to tbe prosecutor unknown) tbo accused returned to tbe Repu~lic to reconnoi tre tbE:! police-station complex

" and/or tbe ' Magistrate's Court and/or borne at Wbittlesea, Cape Province witb a view to attaoking,

, rendering ineffective and/or destroying 1 or more of tbesai d places and/or wi tb a view to murdering and/or causing injury to persons employed/resid~nt at or in tbe said ,places, and did tben and tbere so reconnoitre 1 or more of the said places as aforesaid.

3. During or about August 1978' (the exact date(_s) being to the prosecutor unknown) and at near Jabavu, Soweto, the accused ' attempted to recruit a person.

4. During or about October 1978 (the exact date(-s) being to tbe prosecutor unknown) the accllsed returned to the Republic to make , tbe necessary arrangements for a gang that bad by then been designated to attack, render ineffective and/or destroy the police station complex and/or tbe Wagistrate's Court 'and/or b~me at Wbi ttlesea, Cape Province aneV or to murder and/or inj ure persons employed/resident at or in the said places.

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COUNTS 2 - 44

During or about the periods and at or near the places

referred to in the paragraph(s) of the relevant Sch­

dule to the main Count menti uned in Column C herein­

after , the accused mentioned in Column B hereinafter

unlawfully underwent and/or incited, instigated , com­

manded , aided , advised, encouraged and/or procured other

persons to undergo training which 'Juld be of use to any

person intending to endanger the maintenance of law and

order in the Republic or any portion thereof

and/or

Upon or about the dates and/or during or about the periods

and at or near the placee referred to in the paragraph(s)

of the relevant Schedule to the main Count mentioned in

Column D hereinafter, the accused mentioned in Column B

hereinafter acting alone and/or with various of the

other accused and/or other persons to the prosecutor

unkn0r"!'l , and in furtherance o.f a conspiracy with the

conspirators, unlawfully and with intent to endanger

the maintenance of law and order in the Republic or any

portion thereof, committed one or more or all of the

acts mentioned in the paragraph(s) referred to in the

said Column D.

and/or

Upon or about the dates and/or during or about the

per:l.ous and at or near the places referred to in the

paregraph(s) of the relevant Schedule to the main Count

mentioned in Column E hereinaft~r, the accused mentio~d

in Column B hereinafter unlawfully poesessed the explo­

sives , ammunition. firearm(s) and/or wcnpQn(~).mcntloned in

the ;:u:agraph(s) referred to in the said Column E.

18/ ••••

CUUN J! 45

, During or about the perind 1 May 1975 to 24 June 1979

(the exact date(s) being to the prosecutor unknown)'

and at a place(-s) to the prosecutor unknown, the accuse d

unlawfully conspired with each oth6r and/or the afore­

mentioned conspirators to commit the offence of murder, to

wit to murder persons in the Repuolic.

COUNT 46 (Against accused numbers 9 and 10 unly)

During ' or about the period January 1979 (i.r.o. accused

number (9) ), and upon or about 12 March )979 (i.r.o.

accused numbers 9 and 10 ) and at or near Njando area in

the district of Msinga, the accused unlawtully and inten­

tionally incited, ins tigated and/or procured persons to

commit the offence of murder, to wit to murder White persons

in the district of Msing~ and/or elsewhere in the Republic.

WHEREFORE, upon due proof and conviction thereof,

the said Attorney-General prays the judgment of the

Court against the accused, according to law.

H.G. ICLEM DEPUTY ATTOP~Y-GENERAL NATAL

I ,

----~--------~--------------~------------~----------- -

COUNT l ACCUSED NUMBER

o/ s 2(1)(b) SCHEDULE/PARA

ci s 2(1)(a) SCHEDULE/PARA

c/ s 2( 1)( c) SCHEDULE/PARA

----~--------~--------------~------------~------------2

3

4 5

j I '

, 1 A 1

. I

A

A

A

2 Alte'natively A 3

4 ,

6 A 5 -_. .. ..--~--+- .. .. <_.- .- - --- '- -'-"7" . - . - ----------+- --~.---.-.... -

7 2 B 1

. _ _ ~ --f-: _ ' ___ --!-___ __ ---"_ ----'-' _ . _ _ B __ ._2 ___ __ ___ . ____ ._ . __

9 \ 10 I

C

C

1

2

2

1.J'---+-___ -+ ______ ~ _ _I_------_4-C--~3---L ' 12)

13 . 4 D 1

I I

D 2

D 3 Al terr!3ti vely D 3 14 15 I D 4

-T' -,..--+-' --=---+----=--~--_+--------+_-----.---16 I 5 i E 1 17 ' : I I E 2 - .~,--~----~--~--~~--. ~------------~----------18 I 6 F 1 (a)

I

19 I F 1(b) 20 ! F 2

21 F 3 22 F 4 ~--· ~I ~~--_+--~--~------~----~-------_4------------23 7 G 1

24

25 26

27

28

29

I

! t ·

!

8 H 1

I I .. 1 i I

G

H

H

H

2 Alternatively G

G 3

2

3 Alternavively H • J

4 Alterna i~ively H

2(a) 2(b) 4

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2

3

4 . '""

L

A

COUNT i

I 35 36 !

I 37 I 38 t 39 ---' i

40

B

ACCUSED NUMBER '

10.

. 11 . ~------

C

cis 2(1)(b) SCHEDULE/ PARA

J 1

D

cis 2(1)(a) SCHEDULE/PARA

E

cis 2(1)(c) SCHEDULE/PARA

J 2 A1 terr ati vely J 2

;, J 4

I J 3 --k-: -. -' "1-'.- "- "'-' .· ·.--.--- ----t-· ------

Ie 2 - --t-- _. __ ... ~.--.-~---.........--_f.__-----___If.._-----I 41

I 42 I 43

.1 . 44

1 12 L L 2

L 3

.. ----l------~ ___ .1.---_L __ ~4 __ _L ____ • _ •. __ _

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.J......L V-I J J l' " - -

.. NATAL PROVINCIAL DIVISION t 0

THE STATE versus

1 • JOHN I!10FOKENG SEKETE

2. TLADITSAGAE MOSES MOLEFE

3. JEFFREY RArlIASAKA LEGOABE

4. THIBE JIMMY NGOBENI

5. ANDREW MAPHETO

6. BEf'TNET PANTESE KOl\7ANE

7. TITUS MOGALETCOE lY'fALEKA

8. SYDNEY SEKWATI CHOMA

9. MANDLENKOSI CHRISTOPHER HADEBE

10. NANDLA JACK MTHETWA

11 4 VUSUMUZI NICHOLAS ZULU

12 ; JAMES DANIEL MANGE

SUMMARY OF SUBSTAnTIAL FACTS

1. The organisations and/or groups of persons listed es the conspirators operete inside ' and outside the Republi c.,

2. The object and methods of the conspirators overlap with those of the African National Congress, Umkhonto We Sizwe, and the Spear .of the Nation, declared Unlawful Organisatiomin terms of Proclamations 119 .of 1960, 93 .of 1963 an~ 94 of 1963 respectively.

2/ .•.•• •

3. The accused joined the conspiracy at times and places to the prosecutor unknown.

4 . The conspiracy and the accuseds ' participation therein is in'ferred f ,rom all the. facts set out in the Indictment and herein .

5 . The accused underwent training in furtherance of the conspiracy at inter alia 1 cr more of the camps commonly known as: -

. Engineering Camp (Angola) Benguela Camp (Angola) Nova Catengua Camp (Angola) Quibaxe Camp (Angola) Funda Camp (Angola) Membeshe Z.A.P.U. Camp (Zambia) Pirivali Camp (Ukraine, Russia)

6. The accused acquired knowledge of, and skills in, waging war and/or conuni tting acts of sabotage and/or subversi on.

7. The accused set out for and/or returned to the Republic (alone and/or with certain of the other accused and/or with other persons trained as aforesaid)

\

to commit ac~s ~n furtherance of the object of the conspiracy. Particulars of the participation of and/or specific acts commi tted by ea'ch accused are set out in the relevant Schedules attached to the Indictment.

t'~" ~ A-l4."i."'"1.

8. In respect of each of the ~counts of participation in terroristic activities in contravention of the

provisions of Act No. 83 of 1967, the State will rely on the alleged acts being likely to have had, in the Republic or any portion thereof, anyone or more , or

all of the result~ set out in section 2(2) of the said Act_

1 •

2 .

3. 4. 5. 6.

7. 8. 9.

10.

1 1 •

12.

1 •

L 2.

3 • .

4. 5. 6. 7. 8. 9.

10 .

11. 12.

13. 14. 15.

~ I .11

NATAL PROVINCIAL DIVISION

. . \ THE STATE verSlAS

JOHN mOFOKENG SEKETE TLADITSAGAE DOSES MOLEFE JEFFREY RAI.iASAKA LEGOABE TIll BE JIMmy NGOBENI ANDREW mAPHETO BENNET PANTESE KOiJANE TI TUS MOGALETCOE r.~ALEKA

SYDnEY SEKI,,{ATI CHOMA r~A!TDLENKOSI CHRI STOPHER HADEBE HA!\mLA J ACK r~TTHETWA

VUSill;JUZI NICHOLAS ZUI,U JAMES DANIEL MANGE

LIST OF WITNESSES

Luitenant D. Grobbelaar Constable Potgieter Warrant-Officer A. Smith Sergean t Veldman Sergean t T. O'Connell Cap tain Mi tchell Constable W. van der Berg Captain R. Welman Warrant-Officer J. Brase Lui tenan t I. de Beer Warrant-Officer J. Hayes . . Constable S. Oosthllizen

Constable J. de Wi tt Constable J. Nkosi Lui tenant- Colonel H.D. Stadler

Security Police, Grey town I,

Security Police, Kokstad S.A.P. Newcastle Security Police Ndumo S.AIP, Pietermaritzburg

Security Police Durban S.A.P. Vryheid

, lilahamba Border Post Botha'shoof Border Post Nerston Border Post Security Police Ermelo

Security Police Durban

2/ ••••••

Captain Isak Louis Smuts Securi ty Branch Middel burg 16 .

17. 18. 19.

Sergeant Daniel Petrus Vermaas Sergean t Philippus Hendrik du Toi t Sergeant Wynand A. Barnard Hattingh '

" " "

20 . Sergeant Joel Madihlaba 21. D/Warrant Officer Kotze 22 . Constable Breytenbach 23 . Constable Koeleman 24 . D/Constable Wheels 25~ D/Warrant Officer Johannes

H.N. Dietrichsen 26 . Lt . Adria~n P. Van Niekerk

27. Constable Ngwenya 28. S.A. Miller 29. Johannes Hendriekus Viljoen

30. D/Sergeant Josias Mangaga

31. Lt. Daniel Elardus Heystek 32. Lt Gabriel J.M. Van Wyngaardt 33. D/Sergeant Carel F.C. Landman

34. 35.

Bazil Norman Young Lt. Johann Smi t

Sergeant Danvey Maphophe

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"

If

S.A.P. Groblersdal Security Branch Johannes­burg Securi ty Branch Middel burg Magi s tra te' s Co urt · " Chief Fingerprint Officer Reference Bureau · Pretoria Sec uri ty Bran~h John Vorster Square

" \I

S.A. Criminal Bureau Pretoria

" Sec uri ty Branch John Vorster Square

" 36. 37. 38~

Captain Jacob J.L. Badenhorst D/Sergeant Vernon Keith Marallich

S.A.P. Tzaneen Security Branch John Vorster Square

39.

40.

41-

42.

43. 44 . 45.

46. 47 .

Constable Roger Howard Leslie Raven D/Warrant Officer Johannes Ehlers n/Sergeant Johan Casper Lammer R.F. Van Heerden

Lt. J ac 0 b Sono Lt. Mokwena W/Officer Christiaan R.D. Potgieter Sergeant Adriaan L.A. Haman Lt . Col . Sarel J . Strydom

I •

Security Branch (Head Office) Pretoria S.A.P. Tzaneen

S.A.P. Pietersburg Magistrate's Court Tzaneen S.A.P. Giyani Pietersburg

" Sec uri ty Branch John Vorster Square

"

S.A.P. Pietersburg

3/ ••• ••

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48 . W. O. Pieter G. Seyffert

49 . w.o. Jacobus Gerhardus Pretorius

150 • Sgt . Gert L.J . Smi t

51. A. D. Schoeman

52 . Mr Naude 53 . W/Officer ' Gert A. Van Zyl . 54 . Constable Willem J . Faurie 55 . tTan Hendrik Coetzee

56. Sergeant William Ernest Cox

Security Branch John Vorster Square

S.A. Criminal Bu.reau Pretoria

Prisons Department Nylstroom magi s tra te' s Cou.rt Nylstroom

Securi ty Branch NylS 'G1 'or in,

S.A.P . 'Narrabad Transvaal Provincial Administration Nylstroom Securi ty Branch ' John Vorster Square

57. 58. 59. 60. 61 •

Constable Stephen Tshwgane Constable Charles Gregory Deegan D/Constable Hendrik Albertus Visser Lt. Carel P.F. Jansen van Rensburg. Sergeant W. mc Pherson

"

" "

62. 63. 64. 65. 66. 67. 68.

Constable J. Lima D/Warrant Officer C. Makhoro Constable Kgang S. Matras D/Warrant Officer D. KUhn Lt. Abraham Grobbelaar Sergeant Johannes P. Botha J.e. FC51schen

69. r~ajor Wilcus Loots 70. Sergeant Gabriel J. Van der

'Nesthui zen ,

71. Lt. Paulus S.O. Fouche

72. D/Sergeant R. Baker 73. Constable Nelson Ngomane 74 . Sergeant Levy L. Sibigi

75 . Constable Kluge

76. Captain Abraham H~ Coetzee 77 . Warrant Officer Christian

De Wi t 78 . Lt. C . R. Mc' Dulling

79 . Llr Viljoen

\I

II

Secll.ri ty Branch Soweto II

magistrate's Court Krugersdorp S.A.P. Rustenburg S.A.P. Mafeking

Forensic Science Laboratory Pretoria John Vorster Square

" Bophuthatswana Police Mmabatho Local Fingerprint Office Vryburg Securtiy Branch IiJafeking Bophuthatswana Police Mmabatho Security Branch Durban

Co-operation Development Refer ence Bureau. Pretoria

\...,

IN THE SUPREME COURT OF SOUTII AFRICA

(NATAL PROVINCIAL DIVISION)

In the matter of:

THE STATE

versus

1.

2.

3.

4.

5.

6.

7.

o.

9.

10.

11.

' 12.

JOHN MOFOKENG SEKETE, a 24-year old blaok male S A citizer

TLADITSAGAE MOSES MOLEFE, a 23-year old black male S A citizen

JEFFREY RA}~SAYA LEGOABE, a 30-year old black male S A cj.tizen

THIBE JIr~1Y NGOBENI, a 27-year old black male S A citizen

ANDRE\-1 MAPHETO, a 20-year old black make S A citizen

BENNET PANTESE KOM.l\.NE, a 46-year old black male S A citizl

TITUS r10GALE'1'COE HALEKA, a 25-year old black male S A citizen

SYDNEY SEKHATI CHOHA, a 23-year old black make S A citizel

MANDLENKOSI CHRISTOPHER HADEBE, a 27-year old black male S A citizen

M1\NDLA JACY. :·1THETy.1A, a 22-year old black male S A citizen

VUSUMUZI NICHOLAS ZULU, a 2G-Yf'ar old black r.lale S A citizen

JAI4ES DANIEL MANGE, a 24-year old blacl~ nale ::; A citizen

(hereinafter referred to as the accused)

REQUEPT FO~ FURTHER PARTICULARS TO TIlE INDI CT!1ENT

/70

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To: The Attorney General of Natal, United Building,

, PIETERMARITZBURG.

SIR,

KINDLY TAKE NO~ICE that the accused herein hereby request

the following further particulars to the indictment in order

to enable them to prepare for trial and to plead thereto:

Ad ,Count 1

1. ~fuen and where is each said organisation, or persons

or groups of persons alleged to have become a party

to the said conspiracy?

2. In what precise manner is each said organisation, or

persons, or groups of persons alleged to have become

a party to the said conspiracy?

the State rely upon:

(a) express agreement;

(b) implied agreement;

(c) conduct?

In particular does

3. If the State relies upon express agree~ent in relation

to any such organisation, person or group of persons,

/particulars

- 3 -

particulars are required as to :

(a) who 'acted on behalf of the said organisation,

person or groups of persons:

, (b) by v i rtue o f what authority did th~ s aid pe rsons

s o act ; if a duly authorised resolution is relied

on, particulars are required as to its content

and as to the time and place where it was passed

and as to the names of the persons ... ,ho subscribed

to, ,or supported, it. If no such duly authorised

',resolution is relied upon, upon what basis does

the State allege that the said person was so

authorised to act?

4. In the event of the State relying upon implied agreement

or conduct in order to infer that any said organisation,

person or groups of persons became a party to the said

conspiracy, particulars are required as to:

(a) All the material facts relied upon by the State

as constituting the implied agreement or the

conduct aforesaid with particulars as t o the

date and place, that is when and wher e, the

events f orming part of the material facts are

alleged to have occurred:

I(b) •••

- 4 -

(b) any facts relied upon by the State in seeki ng

to infer that any said organisation, person or

groups of persons was a party to the said con­

spiracy, more especi ally :

(i ) any act or utterance made by any person

acting on behalf of such organisation;

(ii) any facts relating to such organisation,

and as to when and where such acts,

utterances or facts are alleged to have

occurred.

5. Particulars are required of the names of all the

persons referred to as "persons operating as or

purporting to operate as one or more of the

afore~entioned organisations, persons or groups of

persons" and who are alleged to have been parties

to the said conspiracy.

6. In · relation to each of the named persons or groups of

persons precisely when and where is the sa id person

or groups of persons, alleged to have become a

party to the said conspiracy?

7. I n relation to each of the named other per50ns r in

what p.recise nanner is the said other person or grout>

of other persons, alleged to have beco~ a party to

"

\. )

I ~

5

the sai d conspi r acy? In particulars, does the

State allege that each o t her person, ' or group o f

persons, became a party to the said conspiracy by

, virtue of:

(a) express agreement;

(b) implied agreement;

\,

(c) conduct?

&. If the State relies upon implied a~reement or conduct

in order 'to infer that the said person or group of

, persons became a party to the said conspiracy, par­

ticulars are required mutatis mutandis as in paragraph

5 above.

9. What dges the State seek to convey by the use of the

word "purporting" in the preamble?

10 . Insofar as the State alleges that there was a conspiracy

to coerce the Government the State is asked to state:

(a ) In what manner;

(b ) to do what?

/11 •••

l

- G -

11 • . Inso f ar as t he State alleges tha t there a conspiracy

Unla!(lfully to ove rthrow the Government by means which

included or envisaged violenoe:

12.

(a) what ~eans are r eferred t OI

(h) what means other than violence are referred to?

(a) ~~ich of the accused were members of which

organisation or group of persons?

(b) Which of the accused, who were not members,

were active supporters of which organisations

or group of persons?

13. The accused are_ alleged at all relevant times to have

been aware of the aforesaid treasonable activities.

(a)

(b)

Details are required of each accusedts alleged

kno>lledge.

Precisely which accused was aware of precisely

what troasonable a c tivitiy? Details are

/requeste d ...

. .

- 7 -

r eques t ed dealing separa tely with each accused's

, knowledge, giving details of what precisely

, he knew.

(c) tihen did each such accuGed become aware?

(d) ' How did each accused become aware?

(e) ~7here did. each accused become aware?

14. ' Ad the conspiracygen'erally

(a) Was the conspiracy which the State alleges

formed at a single time and place by all

the accused, the said organisations, the said

,persons and/or group of persons? If so:

(1)

(ii)

~7hen and where was the said conspiracy

formed?

The names are required of the accused,

the organisations, the persons and/or

groups of persons and others who are

alleged to have been parties to the

formation of the said conspiracy.

/(iii ) ....

I I ,I','

"

, "

'.' ,,'

I :

, ,

" . "

, . ,

, .

(iii)

(iv) , ,

- 3

In what precise manner was the sai d

conspiracy formed? In particul ar, is it

" alleged that the said conspiracy was

formed as a result of:

(aa) express agreement ;

(bb) implied agreement;

(cc) conduct?

If the State relies upon express agreement,

then, in relation to any organisation,

persons or groups of persons the particulars

requested in paragraph 3 of this request

are repeated.

(v) If tIle State relies upon implied agreement

or conduct in order to infer that any of the

accused or any such organisation, persons or

groups of persons, with whom the accused

is alleged to have conspired was a party

t6 the formation of the said cons piracy ,

particulars are required i n respect of

every such accused and every such person

as in paragraph 4 above.

/15 • • •

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l5 . ~chedule A (Accused No l )

(a) ~fuere , precisely, in t he three countr i e s

mentioned, 15 it alleged the accused underwent

mi l i tary t raining?

(b )

(e)

(i) lihom precisely did the accused "assist

in establishing" a cache of arms, ammu­

nition and explos i ves? Names of the

people assisted are requested.

(ii) Details of the arms, anmunition and

explosives in the cache are requested.

(iii)

(i)

(ii)

(11i)

Where was the cache of arms?

Nho were the other persons alleged to have

been in the group?

l'1ho precisely bore arms?

What arms ''Iere used in the said combat?

By whom were each of the s aid arms us ed?

I(lv) ...

(

\

(

, (1v)

(d)

(e) (1 )

(11)

(111)

- 10 -

Is 1 t alleged that.

(aa) The Republic o f Bophuthats>1ana

possesses majentas?

(bb) The Republic o f Bophuthatswana

possessed majestas ~t ~~e relevant

time?

\'1hich persons precisely, forMed the "group

of persons" alleged 1n paragraph 37

For what purposes did the accused attempt

to recruit persons as alleged 1n paraqraph 47

In what manner did accused attempt to

recruit each said person? Details are

requested of each such case.

Nho were the persons?

16. Ad Schedule B (Accused No 2)

(a) lihere, precisely, in the three countries nentioned

is 1t alle ged that the a c c u sed under>,ent mi litary

training?

/(b) ... •

L ,

L

(b) f·

" I

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- 11 -

(i) Who were the group of persons mentioned

in paragraph 2?

(ii) \'7110 bore arms in the Republic of Bophuthat-

swana?

(i i i) Wha t arms nid each person bear?

(iv) (aa) \'lho precisely engaged the Bophuthat­

swana Police in armed combat? The

names of those \·,hon it is alleged did

so are requested.

(bb) \iJhat arms did the accused bear?

(cc) l'lho bore \.,hat arns?

(v) Which republic is referr~rl to in paragraph

2(~) of Schedule B?

17. Ad ' Schedu'le C' . (Accused No 3)

(a) \17here in Angola did this occur?

(b ) (i) ~~at person is it alle ged t he accused

attempted to recruit? The nane of the

person is required.

~.-.~---"' .. - .. .

(

, ,

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(i i ) For what purpos e is it a lleged the accused

attempted to r ecruit t he sai d person?

Was i t so expressed by the accused?

'18 .. ' Ad Sche'du'l'e' D' (Accu'sed No' '4 )

, I

(a ) l'1here, precisely, in the three countries

mentioned is it alleged that accused underwent

military training?

(b) (i) vfuom is it alleged the accused assisted

in establishing arms caches within the

Republic?

(i1) From whom is it alleged the accused acquired

kno"'ledC]e of the existence and location of

such arms caches?

(iii) ~fuat arms are alleged to have been in the

said arms caches? Details of each of the

two caches are requested.

(0) For what purpose is it alleged that the accused

returned to the Republic to reconnoitre i n

December 1978? \'1hat places are r eferred to?

/19 •••

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19. Ad Schedule E (Accused No 5)

(a) l'1here, precisely, in the two 'countries mentioned

is it alleged that the accused undenlent military

training?

(b) For what purpose is it alleged that the acoused

returned to the Republic to reconnoitre 1n

December 19787 What places are referred to?

20. Ad Schedule F '(Accused No 6)

(a) ,l'lhere, precisely, in the two countries n.entioned

is it alleged that the accused unclenlent military

training?

(b) Is it alleged in paragraph 2 that the accused

returned to the Republic on his own or together with

any other person or persons? If the latter

what are the names of the person or persons?

(0) (i) "~at is the nane of the person that the accused

i. alleged to have attempted to recruit?

(11) For >!hat purose i~ it alleged the accused

attempted to recruit the said person? tlas

it so expressed by the accused?

/Id)

, .

, . . .

- 14 -

(d) Is it al l e ged t hat the arms and ammunit ion set

out in par agraph 4 were found on the person of

the accused 1, If not, ",here exactly were

they found?

21. Ad Schedule G (Accused No 7)

'j

" j

(a) "'7here, precisely, in the t\'10 ocuntries Mentioned

is it alleged that the accused underwent military

trainin~?

(b) ,Is it alleged in paragraph 2 that the accused

returned to the Republic on his own or together

with other people? If the latter, what are the

names of the person or persons?

j

(0) Whom did the accused assist in '"establishing an

arms cache?

(d) From whom is it alleged that the accused acquired

knowledge of the arms cache?

( e ) Is it alleged that the said arms and ammunition

/we r e • • •

. '

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- 15 -

were found on the person of the accused? If

not, exa~tly where were they found?

22. ' Ad Schedule H (Accused No 8)

. (a) . Where, prec i sely, in the three countri es mentioned,

is it alleged that the accused under\o,ent military ( 1 '- training?

(b) .It is alleged in paragraph 2 that the accused

returned to the Republic on his O\'1n or together

·with other people? If the latter what are

the names of the p~son or persons?

(c)' Whom did the accused assist in establishing an

'arms cache at or near Dennilton?

(0) (i) Whom did the accused assist in establishing

jo . , •• ;

the arms caches in the ~epubl.ic in the

district of Grobbelaarsdaal and Nebo?

(ii) From whom did the accused acquire knowledge

of the existence of arms caches in the

Republic in the districts of Grobbelaarsdaal

and Nebo?

/23 • • •

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23. Ad Schedule I (Accused No 9 ) •

, . . '.

..

..

. .

I, .. " .. ,

• I ~' ,

(a) Where, preci sely in Angola i s i t alleged

. that the accused underwent ~ilitary training?

(b) (i) From whom is it alleged the accused I1'\ade

..

.'

, . nquiries about places where arms and ~en

coul d be concealed?

(ii) ~'1hat are the names of the persons whom the

(iii)

accused is alleged

(aa) to have recruited; or

. (bb) to have attempted to recruit?

~~at are the names of t he persons that the

accused is alleged:

(aa) to have enlisted; or

. (bb) to have attempted to enlist?

. ' (b) Is it alleged that the accused and accused , I ~I >

No 10 alone brought the said firearrrs and

ammuni tion into the district of !'1singa

or is it allegeQ that there were ot her people

together with them? If the latter, who are

the others?

/(0) . . .

(

" '

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"

"

/

\.

'.

"

, "

, ,

17

(0) (i) vlliom is it a lleged that the a ccused together

, 'I

with accused No 10 recrui t ed or att empted

to recruit? ~lliat i s the name of the said .' • I'

\'

"

I, " o ,

person?

(ii ) For what purpose did the accused recruit or

attempt to recruit the said person?

(iii) Was the said purpose expressed by the

accused?

, 24. Ad Schedule' J '(Accused No 10)

, .,

. "

, '

,

(a) Where, precisely, in Russia, is it alleged that

,the accused underwent military training?

(b) , (i) ,Whom is it alleged the accused assisted

in establishing arms caches within the

Republic?

(1i) From whon is it alleged' the accused acquired

knowledge of :the existence and location of such

arms caches?

/(iii ) • ••

• •

- l8 -

(iii) ~~at a rms are alleged to have been

in the said arms cache s? Details of

each o f the arms caches are requested.

(0) Is it al l eged that the accused and a.ccused No 9

alone brought the said firearms and ammunitio n

l into the district of IIsinga or is it alleged that

there were other people together with them?

If the latter, who are the others?

(d) (i) ~fuo~ is it alleged tha t the accused

together with Accused No 9 recruited or

attempted to recruit?

(ii) For what purpose oid the accused recruit

or attempt to recruit the said person?

(iii) Was the said purpose expressed by the accused?

25. Ad Schedule' 1( (Accused 110 ll)

(a) \'1here, precisely, in Angola and Russia is 1 t

alleged that the acoused unden~ent mil i tary

training?

/ (b ) ...

(

, , , , ,

"

"

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" ' . , '

, '

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' (b) (i) Is it alleged in paragraph 2 that the

" I accused returned t o the Republ i c on

his own or together with any other

person or persons? If the latt er, t • ! what' are the names of the person or

" , " ,

(ii)

persons?

Did the accused return to the Republic

to reconnoitre,or to sabotage pipelines?

2 6 . Ad Schedule L' '(Accused No "12)

(a ) ''lhere, precisely, in Angola and Russia is it

alleged that the accused underwent military

training?

, (b) Is it alleged in paragraph 2 that the accuRed

returned to the Republic on his own or

together with other people? If the latter,

, what are the names of the person or persons?

, (c ) , (i) "Thorn is it alleged that the accused

attempted to recruit?

(ii) For what purpose did the accused attempt

to recruit the" said person?

/(iii) • • •

••

(

(

- 20 -

(iii) Nas the said purpose e xpressed by the

accused?

(d) (i) Is it alleged in paragraph 4 that the accused

returned to the Republic on his own or

(ii)

together with other people? If the latter,

what are the names of the person or persons?

For what gang had the accused returned to

make the necessary arrangements?

(iii) ~~o were the members of the said gang?

(iv) ~~o had been so designated?

(v) t~ose and which home at Mlittlesea is referred

to in paragraph 4?

27. (a) The State is requested to set out ",hich alleged

acts of the accused had or were likely to have

had, in the RepUblic of South Africa, or any

portion thereof, anyone or more or all of the

results set out in section 2(2) of Act 83 of

19671

I( b) • • •

(

- 21 -

(b ) The State is requested to state which of the

results set out in the Act 1n section 2(2) each

alleged act the accused had or was likely to

have had . The State is asked to deal with

each act and each result separately.

28. Ad Count 45

(a) Paragraph 14 above is repeated, nutatls mutandis.

(b) Who are the persons in the Republic whom it is

alleged the accused and the otiler conBpir~torB

conspired to murder, and where 1n the Republic

were they?

29. Ad Count 46

(a) Who were the said persons allegedly incited,

instigated and/or procured by the accused?

(b) Were the said persons inoited, instigated, or

procured?

• ICc) ...

,

, .

, .

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l

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.. 22 ...

(c) What were t he terms of t he incitement, insti­

gation and/or procurement?

(d) \'1ho are the \'1h i te persons whoT:! it. is alleged

"

the accused were referring to?

. ' ... 1979

AND COMPANY, OODLEY & CO,

1st Floor, 108 Retief Street, PIETERMARITZnURG.

.:;n;;;.;.r_T==HE=-..;;:SD~F...;.~E.;;;;~;.;;;JE __ C;...;;O...;.U,;-R...;=T_O __ F_..§QUTH AFRI C!!:

(1~T.bL PROVINCIll DIVISION)

In the matter of

THE STATE

versus

1. JOHN MOFOKENG SEKETE, a 24-year old black male S . A. citizen

2. TLADITSAGAE NOSES I"10LEFE, a 2;-year old black male S.A. eitizen

3. JEFFREY RAI'lASl!.KA LE GO ABE , a 30-year old black male S .A. citizen

4. THIBE J1r~lY NGOBENI, a 2?-year old black male S.A. citizen

5. ANDREW MAPHETO, a 20-year old black male S.A. citizen

6. BENNET PANTESE KOHANE. a 46-year old black male S.A. eiti~en

7. TITUS MOGALETCOE MALEKA, a 25-year old black male S.A. citizen

8. SYDNEY SEKWATI CHOMA, a 23-year old black male S.A. citi~en

9. MANDLENKOSI CHRISTOPHER HADEBE, a 27-year old ~laek male S.A. citizen

10. MANDLA JACK MTHETWA, a 22-year old black male S.A# .itit'~

11. VUSUMUZI NICHOLAS ZULU, a 28-year old black male B.A. citizen

12. JAMES DANIEL ~~GEt a 24-year old black male B.a. cit~ (hereinafter referred to as the aocused)

2/ ••••

-2-

FURTHER PARTICULARS TO THE nmICTMENT.

1. AD QUESTIONS 1-4

(a) It is irrelevant to this charge when, where and in what manner aach of the organizations or per­sons or groups of persons became a party(-ies) to the conspiracy. The State alleges that the conspiracy was in existence at all times rele­vant to the indictment.

(b) The State infers the existence of the conspiracy from the following :-

i) The African National Congress (also known as the A.N.C. and/or S.A.A.N.C.) was declared an unlawful organization i.t.o. Proclamation 119 of 1960, but thereafter the h.N.C. or persons pur­porting to be the A.N.C. continued to operate.

ii) During 1961 the A.N.C. or the persons purporting to be the A.N.C. formed a military wing called Umkhonto We Sizwe (also known as the "Spear of the Nation", "Umkhonto If" or "the Spear"), which was subsequently also declared an unlawful organization i.t.o. Proclamations 93 and 94 of 1963. Thereafter Umkhonto We Sizwe or persons purporting to be Umkbonto We Sizwe continued to operate.

iii) The abovementioned organization(-s) or persons from time to time published pamphlets and newsletters propagating the violent overthrow of the State. (Haterial on which the State will rely js attached hereto as Annexure A).

3/ •• ~.

-3-

iv) The said organizotion(-s) or per~ons were engaged in the conduct or activities alleged in the second paragraph of the pre­amble and , through the accused , in the scts alleged in the Schedules to the Indictment .

2. AD QUESTION OJ •

Oliver Tambo , Alfred Mzo , Joe Slovo , Ye~edwa Cap Zungu and others to the proseoutor unknown.

~ AD QUESTIONS .Ii. - e

Precisely when, wbere and in what manner each or the pe~sons became a party to the oonspiracy is irrelevant to the indictment.

4. AD QUESTION 9

The phrase "per.ons operating as or purporting to operate 8S one or more of the abovementioned organizations or groups of persons l1 refers to persons professing or holding themselves out to be, or operating under the guise or title of, one or more of the said organizations or groups ot persons. and the word "purporting" is used in this senae.

5 . AD QUESTION 10

The conspirators conspired to coerce the government of the Republic by violence or by meens which include or invisage violence or by the threat of violence or by other subversive me8n~ to do their bidding snd/or comply with any demanda the conspirat~r8 may decide to make from time to time .

4/ ... .

•

-4-

6 . AD QUESTION 11

(a) More precise means than those stated in the indictmc.:rt Bl\j t!ler,8 particulars are

unknown to the prosecutor.

(b) The threat of violence and/or subversion, including the exploitstion )f labour unreat and the fostering of civi::' :isobedisncp .

7. AD QUESTION 12

8.

It is unknown whether or not any of the accused became formal members of the said organisation(-s) or group(-s) of persons, but it is alleged that the accused were active supporters of the conspirators.

~A::D,-",QU:.:E::S:.:T:.::.IO.N 13

The precise nature, extent and time of acquisition of each accused's knowledge of the treasonable activities is unknown to the prosecutor. However. it is alleged that at the latest while carrying out the Bcts alleged in respect of each accused in the schedules to the indictment, each accused was, or became, aware of the existence and object of the conspiracy and the means to be employed to achieve this object, and was aware of details pertaining to the acts slleged in respect of each accused in the respective Schedules to the indictment.

9. AD QUESTION 14

The accused are referred to paragraph 1 above (Ad Questions 1-4). The State does not know precisely when, wher e and/or in what manner the accused joined the conspiracy ( - par. 3 of the Summary of Substantial "scts ) •

- 5-,

10. AD QUESTION 15 _ SCHEDULE A

(0) hngola - Engineering, Benguela,Nova Catengua and Fundo Camps ,

Russia - Pirivali Camp , Ukraine,

East Getmanx - Unknown to the pros eoutor,

(b) (i) The namas of the persons (if any) are to the proseeutor unknowa.

(i1) The arms, ammunition end explosives in the arms oache were :

~ bayonets . 3303 bullets. 82 x 200 gm. T.N.T.

20 switches . Ssfety-fuse. 120 percussion caps. 30 hand-grenades . 27 hand-grenade detonators .

(iii) At a spot in the veld alongside the road between Witkleigat and Welgevonden.

(c) (i) The names of the other persons are · irrelevant.

(ii) This is not known to the State.

(iii) The precise number and types of weapons are unknown to the prosecutor, h~wever they include automatic firearms and hand. grenades. Subsequently the police found an A.K. 47 rifle} .hooK. ammunition. magazines and a Makarov pistol on the scene of the shoot - out.

6/ ....

-~

( i v ) This is irrel evant to t he State case.

Cd) (i) See par. (c )(i) above .

(e) ( i ) To under go mili t ary t r aining .

(ii) By word of mout h. The dttalls are a mat t er f or evidence.

(iii) I n terms of s ection 144(j)(a ) (ii ) of Act 51 of 1977, the names at the s e persons

' ~ill be revealed when t he person (-s ) are called as witness eso

11. AD QUESTION 16 • SClffiDULE B (Accused No.2)

(a) Angola - Engineering, Benguela and Nova Catengua Camps.

Zambia - Membeshe.

The State will apply to amend the particulars in par. 1 of Schedule B so as to substitute East Germany for Russia - precisely where in East Germany accused underwent military training is to the prosecutor unknown.

(b) (i) - (iv) - The precise size of the group is unknown to the State; however, the State will allege that it was composed of .at ;least three persons (including the accused) and that the other two persons were killed in the skirmish mentioned in Schedule B para. 2(b)(ii). Their identities are irrelevant. Precisely what arms each of the persons bore or had at the time of the afore­mentioned skirmish is to the prosecutor unknown, but it is alleged that at the time of the skirmish the accused and one of the other aforementioned persons were in possession of at least hand­grenades while the third member was in possession of a Makarov pistol. Furthermore the group had close at hand thre e A.K.MS machine-guns , magaz i nes, ammunit ion and hand-grenades .

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(v) The Republic of South Africa.

(a) AUgo1a - Funda Camp~

(b) (i) In terms of section 144(3)(a)(ii) of Act 51 of 1977 ', the name of this person will be revealed when he is called . as a witness.

(ii) For military training~ It was so expressed by the accused.

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1;. AD QUESTION 18 - SCHEDULE D(A'cused No.4)

(a) Angola- Engineering, Benguela, Nova Catengua and Funda Camps~

'.

Russia -a pre .. ise plaoe(s) to the prosecutor un,l{nown.

East Germany - a precise place(s) to the prosecutor unknown.

(b)(i) - (iii) - The names of the persons (if any) are unknown to the prosecutor. The arms cache at Puiwelskloof was comprised of the following items

4 AK rifles and 14 AX magazines 2 Scorpian Machine-pistols with 6 magazines. 560 rounds of ammunition'. 10 hand-grenades. 10 hand-grenade detonating devices. Oil bottles. Ammunition pouches. A first aid kit.

The arms cache at Elim comprised the following items :-

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5 AX rifles and 20 AK magazines . ~pproximately 600 rounds of ~mmunition. A spade.

(0) The purpose was t.u £e"Gnnoit:"G .h. terrain in the North3rn Transvaal Etl1d/')r othfn~ ,.] u;:'ee to the

prose\.utor unknown.

14 . AD QUESTIO~ 19 - SCHEDULE E (Ac~used No . ~)

(a) Angola - Funda . Camp.

E·'.at Germaro; - a place (-s) to the prosecutor unknown.

(b) The purpose was to reconnotire the terrain in the Northern Transvaal and/or other places to the prosecutor unknown.

15. AD QUESTION 20 - SCHEDULE F (Accused No.6)

(a) Angqla - Benguela Camp.

Ruesia - at place(-s) unknown to the proseoutor.

(b) This is unknown to the prosecutor.

(c)(i) In terms of section 144(3)(a)(ii) of Act 51 of 1977, the name of thia person will be revealed when he is called as a witness.

(ii) For military training. It was referred to by the accused as militery training and training.

(d) The State alleges acutal and constructive possession.

16. AD QUESTION al. - §CHEDUI¥ G (Accu,!l.~d No.7)

(a) Angola - Enginecling, Benguela and Funda Camps .

fulssia - ~t place(-s) to the prosecutor unknown .

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(b) It is alleged that the accused returned together with accused No. (8) and/or other persons to the prosecutor unknown.

(c) & (d) The names of Ghe perSO"lS (if any) are unknown.

(e) It is alleged that the items mentioned in I

para. 3 were on the accused s person on '[jhe dates mentioned.

17. AD QUESTION 22 - SCHEDULE H (Accused No.8) •

(a) Libiya - a place(-s) unknown to the prosecutor.

Angola - Engineering Camp.

Russia - a place(-s) to the prosecutor unknown.

(b) This is unknown to the prosecutor.

(c) & (d) The names of the persons (if any) are to the prosecutor unknown.

18. AD QUESTION 23 - SCHEDULE I (Accused No.9)

(a) Angola - Kabela, Benguela, Nova Catengua and Funda Camps.

(b) (i) - (iii) In terms of section 144(3)(a)(i1) of Act 51 of 1977, the names of these persons will be revealed when the person(-s) are called as witnesses.

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(b) (sic) It is alleged that when eccused Nos . 9 and 10 took the firearms into the diatrict of Meinga ohey were in the company of tw~ other pp.r s oDs . The name by which one of ~bese persons is known is Zulu; i.t.o. section 144(3)(a)(ii) of Act 51 ot 1977 , the name of the other persGn 1.El be revealed when he is called as a witness.

(c) (i) In terms of section 144(3)(a)(ii) of Act 51 of 1977, the name of the person will be revealed when he is cslled as a witness.

(ii) To assist in the plenning and/or execution of acts in furtherance of and/or towards the achievement Of the conspirators' intention.

(iii) Yes.

19. AD 9lJESTION 24 - SCHEDULE J (Accused No. ,10)

(a) Russie - the precise plsoe(-e) are to the prosecutor unknown.

(b)(i)~(ii) The names of the pereons(if a~) Bre to the prosecutor unknown.

~iii) The arms cachea established within the Republic oonsisted of the following .-

a) At Ndumo Estates. Ndumo.

2 x aKM 47 Russian semi- euvamstio machine guns 2 B8yono ~ s

12 1 "' CJ 'ln~l R ..)f " ") Plll i ",.",." n ' I ; (\'l.

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10 Pomz-type mines (and attachments) .

6 AEr. 47 automatic lifles . 5 bsyonets . 3 Scorpion . 32 Russ;sn pistols . 1 9 mm Vzor 25 sub-~aohine gun. 31 x 200 gm blocks of T.N . T. 6 oil bottles. Cleaning equipment for firearms. 2 Kalashnikor A.K. rifle magazines. Roll of safety fuse. 913 x 7.62 bullets. 680 x 7.65 mm bullets. 108 x 9 mm bullets. 10 A.X. magazines. 4 x Scorpion "long" magazines. 2 x Scorpion "sho:c-t-t''ll.sgezines. 3 Vzor magazines. 13 loading clips for Vzor. 20 detonators. 31 hand-grenades. 12 hand-grenede detonators. 18 magazines. 10 packets of explosives. Grease.

c) At Nongoma.

2 A.K. rifles. 2 magazines. 2 hand-grenades. 2 Oil bottles. 1 Bayonet.

(0) See para. 18(b)(sio) above.

(d) See - para . 18(0) ahove - The State alleges t~" t only accused~)actuall~

• -)2.-

so r ecruited or attempted to recruit the person as alleged, but infers liability on accuaed(10' 2 part on the basis of a common ~urpose.

20. AD QUESTION 25 - SCHEDULE K (A~~A No. 11) .

(a) Angole - Engineering, Benguela and Nova Cetengua Camps.

(b)(i) This is unknown to the prosecutor.

(ii) To reconnoitre and/or to ssbotage the said pipelines.

21. AD QUESTION 26 _ SCHEDULE L (Agcused No.

(a) Angola - Engineering, Benguela, Quibaxe and Funds Camps.

Nova Catengue. ,

Russia - Pirivsli camp, Ukraine.

(b) This is to the prosecutor unknown.

(o)(i) ~n terms of section l44(3)(a)(ii) or Aet 51 of 1977, the name of the person will be revealed when he is called BS a witness.

(ii) For military training.

(iii) The State alleges that after in!~ing the person concerned or his own military training and its purposs the accused en. joined the said person to join him end go to the places of such training.

(d) (i) Together with a State witness : i.t .o. section l44(3)(s)(ii) of Act 51 of 1977 , the name will be revealed when he is ca lled

• 8s ·r} W.:..t .... .! fl S.

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(ii) A gang comprised of members and/or supporters of the conspirators.

(iii) The accused, the aforementioned State . witness and ·i;.vo other persons whose names are irrelevant.

(iv) The members of the gcng had been so designated.

(v) The Magistrate I s home ,; however the police station complex includes a house normally occupied by a police official and his family.

22. AD QUESTION 22.-

(a) & (b) The aooused are referred to para. 8 of the Summary of Substantial Facts, which should read 43 (and not 3) counts of Participation in terroristic activities.

23. AD QUESTION 28.

(a) The accused are referred to par. 9 above (Ad question 14).

(b) Persons anywhere in the Republic who would or could be expected to obstrUct or hinder them in carrying out or attempting to carry out their plans.

24. 1~ QUESTION 29 - COUNT 46.

(a) In terms of section 144(3)(&)(i~) of 4ct ~l of 1977, the names of the persons will be revealed "lhen they are called as witnesses .

( 1) This 's a matter for evidence.

•

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(c) This is a matter for evidence.

Cd) White persons in general the identities of whom are to the prosec~·~ Jr unknown.

Date~ at FlETERMARITZEURG this 21st day of AUG~ST 1~79.

C.REES ATTORNEY_GENERAL : NATAL

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. 5 . 6 . 7 .

NATAL PROVI.WHL DIVISION ..J

THE S1'ATE versus

J0l7 .• ;OJC'KBm SS"{E't~ , a 24 year old Black male S . A. Cit 1".".1 TLtD::' '::Et;AE :.:OSES h:OUE:F E , a 23 year old Black male S.A .

C~ f ; 7 ... 1

JEPl<'REY Jl t~,!.AS."-l{A LEGO l..3E I a 30 ,'tdar 0] d Black male S . 1, . Ci t ~?', ••

'i'l!IBE JH;,f{ NG03S:'I , a 27 ye,:.r r2-d Black male S.Il . C1t17l'n

A UJREW r.lf t:'HETO, e. 20 year 01 d Black male S. A . Ci tizen

BE!1N:C::' PAiI~ZSE :CObLUIE, a 46 year old Black male S . A. Citizen

TI'::.'US f.:OGALETCO;'; !JJ;LEKA, a 25 :lear old Black male S .ll . Citizen

SYD!!EY SEKIVATI CliO !A, a 23 year old Black male S .A. Citizen

.1 ;'UDLEN:mSI C!iRIS'rOPHER HADEBE, a 27 year old Blaclc male S . J'.. Ci tizen

lIlUIDLA JJ\CK !.!TEETWA, a 22 year old Black male S . A. Citizen

VUSm,:UZI NICHOLAS ZULU, a 28 year old Black male . S . A. Ci tizen

12. J.A:.!ES DANIEL i.:;d~GE, a. 2~ ye;;,.r old Black Male S.f .• Citizen

(hereinaf~cr refer~ed to as the a.ccused)

I .r D I C T r.r EAT

TJ e Attorney-Gencr~l for the Province of Natal~ who

prosecutes for and on behalf of the State, preDents

and gives the COl) ,t to be informeu that tha accused are gltil t.y of the crilccs of ._

.C.O]J.1\~ 1 HIGH TREASON

a l .ernatively (as separate counts)

43 counts of Participation in' Terroristic Activiti es in contr3vention of the ll!:'ovisions of Act ;10. 83 of 1967 (Count.s 2 - 44) .

Contravening section 18 (2)( a) of the Rio tous Asser.::'lies Act i'fo. 17 of 1956 - ConspirJ.cy to COOlf!'1.i t h1'J.rder .

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CuUJIT lfG. : Contravening DCC tion J e(")(b) of tIle . Rio I;ous J1.s~cmblies I,c t "::>. 1'/ of 1956 _ Jncitement to cOlLr;:H tiur:Jer. (~na accused Nol': . 9 Ilnd 10 OD1~2.

i.ii.dililu.3 at all time s relevant to :;his Inrlicl.ncnt .

there was in existe:JC\e a conspi r.":, b,'t the ",Jri eilIl

I-:ational Congress ar-d/or the A. r: . C. ;;,nd/or thl'!

S . A.i, . rr . C. ond/or l'G1khonto \/e Si~\oI uncl/or Ptlkhontll

anel/or the Spear Qf the nAtion and/'n: the [Jr"'ar 1J1d/cr

by parsonc operatin~ 80 or purnortin~ to op~rate au one

or more of the aforementioncd or~an~sationG or grQUps of

persons (hereinafter collectively ulld separately rf'[cr

r""'1

to as the conspirato~s) to unlawfully overthrow or ~o-er~a the Government of the Republic of South Africa by

Violence or by m~ans which include or envisage vio1pncd

or by the thrrat of vio1~nce (hereinafter referred to as the object of the conspiracy) .

Aim \,HEIU .. AS in furtherance of the objec t; of the cfln'::;\'iracj

the conspirators did recruit or atte;~.pt to recruit percOns

to jOin or Support the conspiracy <1nC lor did train or

attempt to train persons or cause perDons to be tro~ncd in the art of waging war and/or subVersion i.Ln~.Llu: djd

equip persons with weapons and other accoutrnm3nts

necessary for · t:he purpose of commit t ing 6ubvcrsi;rc <Jct.s

against the Republic of South Africa (hereinAfter raferred

to as the Republic or the State) , find/or did deploy perzons trained and/or equipped as aforesairl in Southorn Afri.ca.

AIiD \.IHERLAS at all relevant timr>s trle .i(epubli~ wos n

sovereign in~ependent St,te possessinG majestas

AIlD \m:;:REAS at all relev~nt times the a~cu:,ed, as Subject ..

and/or residents of the Sta ~ e, owed allegiance to the State

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4lliD ".ja....~M at all relevant times, the accused were members and/or active supporters of the conspirators

AND wl[E;REA.S upon or ahrmt the d "tes rH' during or about the periods and at or near the places mentioned in the ScheduleEl A-L i.1:7.ached hereto, the accused, acting in fur~nprance of a conspiracy wi th members and/or ,,-.l~ ~)ortcrs of the conspira­tors, and through the conspirators with each other, to achieve the object of the conspiracy, unlow­fully with hostile intent against- the State

and with intontion to overthrow or co~eroe the Government of the State, corr~itted one or more or all of the overt acts set out in the respective Schedule pertaining to each accused

and/or

whilst at all relevant times being aware of the aforementioned treasonable activity the accused did not report the matter to the South African Police and/or any other law enforcement agency w~thin the Republic.

NOw Tl:lliRJ:.]'OltE the accused are guilty of the crime of . HIGH TREASON.

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. SCHEDULE "A" - ACCUSED N0.!.......l .

1. During or ab0ut the period November 1976 to August 1978 (the exact date(-s) being to the prosecutor unkno\4n) the accul;~d underwent military training in Angols, Russia a~Q · r.aot Germany .

2. During or about the period ~ov(1n;bel' 1976 to November 1978 (tht. exact dClt"I, .. <.;) being to the prosecutor unknow\n) the accu ced established or assisted in establishing or acquired knowledge of the existence and loc~tion of,and thus

poaaesaod and/or hod oontrol of, caohe of arms, ammunition, explosives and/or other material useful to perSOLS intent on waging war and/or 'subversion against the State (hereinafter referred to as arms or arms caches) at or near Witkleigat in the Republic of Bophuthatswana .

. 3. During or about the period July to November 1~78 '(the exact period being to the prosecutor unknown) the accused was part of a group of persons engaged on a mission to carry out a reconnaissance in the Province of the Transvaal and/or in the RepubJ.ic of Bophuthatswana, and lil:ich e;roup :

(a) bore arms in the Republic of Bophuthatswana

and/or

(b) on 1 August 1978 and at or near Witkleigat in the Republic of Bophuthatswana engaged members of the South African Police and of the Bophuthatswana National Guard in armed combat •

li-. During or about Novembor 1978 (the exact date (-s) being to the prosecutor unknown) and at pr near Fhokeng in the Republic of Bophuthatswana th~ . accused at~erpt~d to recruit persons .

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5. Up0n or about 22 November 1978 and at or near Koster Location in the dis trict of Koster the accused was in possession of a Makarov pistol and 2 loaded magazines with 16 rounds of ammunition.

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SCHEDULE "B" - ACc,ut,I:;D NO.2 .

1. Dur~ng or about the period 1 October 1976 to

27 October 1978 (the ~xact ' date(-s) being to

tbe prosecutor unknown) the acc~seu underwent military .training in Angola, Russia and ' Zambia.

2. During or about October 1978 (tLe· oxact date(-s) being to the prosecutor unknown) the accused .formed part of a group of persons

(8) engaged on a mission to :

i) reconnoitre places; and/or

ii) establish a base(-s) to conceal men and/or arms; and or

iii) attack police stations

at or near Vryburg and/or r1afeking and/or other 'places in the Republic to the prosecutor unknown,

(b) and which :-

i) bore arms in the Hepublic of Bophuthatswana; and/or

i1) upon or about 27 October 1978 and at or near Madimola in the Republic of Bophuthatswana eng aged members of the Bophuthatsv,ana police in armed combat.

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SOHEDULE "c" - ACCUt.-J::D NO.3.

1. During or about the period December 1977 to December.1978 (the exact date(-s) being to the prosecutor unknown) the a~cusea underwent military training in Angola.

2. Durinr; or about January 1979 (t~'le exact date being··to the prosecutor unknown) and at or near Dube, SOl-leto, the accused attempted to recruit a pe1'50n.

3. Upon or about 8 Flarch 1979 'and at or ncar Dube, Soweto, the accused was in possession of a i'jokaroY pistol, 1 magazine, 48 rounds of ammunition, 2 handgrenades and a detonator.

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SCHEDULE "D" - ACCUSED NO. Lt.

1. During or about the period November 1976 to March 1978, and/or again during or about the period April to December 1978 (the exact date(-s) being to the proRecuv'W' unl~no\'ln)

the accused underwent military ~raining in Angola, Russia and ~East G€:rmar.:·· .

2~ During or about March 1978 (tlJe exact date being to the prosecutor unknown)

tho Moused made ill'ipe to MalsmuhL Bndlor the Tshikundu area, Gazankulu to reconnoitre places where arms and/or men could be concealed.

3. During or about the period November 1976 to December 1978 (the exact date(-s) being

, to the prosecutor unlmown) the accused established and/or assisted in establishing and/or acquired knovlledge of the existence and location ,and thus possessed or had control, of arms caches within the Republic in the districts oI Dui'flelskloof and/or Elim, Transvaal.

4. During or about December 1978 (the exact date being to the proseoutor unknO\m) the accused , together with accused 1'70. 5 and other persons to the prosecutor unkno"m) returned to the Republic to reconnoitre places in the Province of the Transvaal and/or o'ther places, to the prosecutor unknown.

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SCg£DULE "B" - ACCUSED NO.5 .

1 . During or about the period June 1976 to December 1978 (the exact date(-s) being to the prosecutor unkllowr..) thE' accused underwent military training ic .\..o.gola and East Germany.

2. During or about December 197~ (the exact dnte be·ne to the prosecutor unknown) the accused, toeether ' with accused No.4 end other persons to the prosecutor unknown, returned to the Republic to reconnoitre places in the Province of the Transvaal and/or other places' to the prosecu.tor unknown.

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1. During or about the period June 1976 to August 1978 (the exact date(-s) being to tne prosecutor unknown) the accused :_

I

(a) underwent military training in Angola and Russia

. and/'or

(b) was an. "instructor" at the Benguela Camp ' for guerilla ' training in Angola .

2. During or about July 1978 to January 1979 (the exact date(-s) being to the' prosecutor unknown) ~he accused returned to the Republic to reconnoitre places in the Province of the Transvaal where arms and/or men could be concealed.

3. DuriDB or about the period 20 November to 20 December 1978 (the exact date(-s) being to the prosecutor unknown) and at ~r near Meadowlands, Soweto, the accused attempted t.' recruit a person.

4. During or about the period July 1978 to January 1979 (the exact date(-s! being to the prosecutor unknown) the accused was in pOssession of s TOkarev pistol, 2 magazines and 11 rounds of ammunition.

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SCi~DULi:; "G II _ ACt;USED no . 7 .

1. During or about the period DeceQber 1975 to February 1979 (the exact date(-s) being to the prosecutor unkno\om) the accused underwent military training ,in Angola and Russia.

2 . During or about February 1979 , ' ne exact datE. being to the prosecutor unkno.m) the accused, together .,i th accused N~. 8 and/or other persons to the prosecutor unknown,

returnad to the Republic to reconnoitre places at or near bennilton in the district of Groblersoal, Transvaal and/or other places to the prosecutor unYnown, wflere arms and/or men could be concealed, and/or then and there established or assisted in establishing or acquired knowledge of the exi stence and/or location of and thus possessed an~/or had control of, an arms cache (-s) at or near Dennilton as aforesaid.

~ . upon or about 8 February 1979 and at or near Dennilton, in the district of Groblersdal, the accused was in possession of a Makarov pictol, a magazine and 7 rounds of ammunition, and/or ,upon or about 9 February 1979 and at or near the aforementioned place, the accused was in possession of an A.K. 47 rifle a magazine and 27 rounds of ammunition, and 2 handgrenades.

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vVII1WU.lJ1!, "1" - J\uuu~l.m NO • .J..2).

1. During or about tbe period January 1976 to

March 1979 (the exact date(-s) being to the prosecut,or unknown), the ~ccused underwell t mili tary training in Angola.

'2. During or about January 1979 \ lhe exact date being to the prosecutor unknown) and ' ,i;, 01' near Njando area in the district of nsinga, Natal, the .accused.

\

a} made enquiries about places where arms and men could be concealed; and/or

b) recruited or attempted to recruit and/or enlisted or attempted to enlist aid in recruiting persons to kill people.

3. Upon o:!' about 11-12 r.larch 1979 the accused, together with accused No. (10) ,brought firearms and ammunit.ion

(to wit 2 Russian A.Y.. 47 rifles, 3 magazines and 90 rounds of 7.62 rom ammunition) into the district of M;Jinga.

4. Upon or about ' 12 r"arch 1979 and at or near Njandn area, in the district of Msing~, the accused together

with accused No. 10 recruited or attempted to recruit a person.

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.' . SCil li'DULE IIJII - ACCUSED ~!O. (10)

1 . During or about the period May 1975 to I,'arch 1979 (the exact date(-s) being to the prosecutor unknown)

the accused underwent mili tary tr~ning in Russia.

2 . During or about the period 'I t!ay 1975 to 12 r~arch 197Q (the exact date(-s) beiilg to the prosecutor unknown)

the accused established ar.d/Ol' assisted in est&blishillg and/or acquired knowledge of '~hc existence and locatiol~

of, and thus possessed and/or had control of, arms caches within the Republic in the districts of Ndumo

and Non~oma in Naval.

3 . Upon or about 11 - 12 March 1979 the accused, together

with accused No.9, brought firearms and ammunition (to wit 2 Russian A.K. 47 rifles, 3 magazines and 90 rounds of 7.62 mm ammuni tion) into the di strict

of ri!singa.

4 . Upon or about 12 March 19 '1 9 and at or near Njando area in the district of Msinga the accused together

with accused No.9 recruited or attempted to recruit

a peraon.

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1. During or about the period October 1976 to J une 1979 (the exact date( - s) being to the prosecutor unknown)

the accused underwent mill tar:! training in Angola' and Russia .

. 2 . During or about the period Novembel' 1977 to June 197!? (the exact date being to the prosecutor unknown) the

accused returned t o t he RepfAb'::' :~~ til reconnoi tre and/or

sabotage pipelin ea at or near I16 re bank , Natal.

16/. ~ ...

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1. During or about the period September 1976 to October 1978 (the exact date( - s) being to the prosecutor ~~own) the accused underwent military training in Angola and Russia. "

2. During or about JuJy-August 1978 (the exact date being to the prosecutor unknown) th," accused returned to the Repu~lic to reconnoi tre th~ I;u.1 ice-station complex and/or the Magistrate's Court 81!d/or home at I'lhi ttlesea, Cape Province wi th a view to attaoking, rendering ineffective and/or destroying 1 or more of

the said plaoQG and/or with a viow to murdorinG and/or causing injury to persons employed/resid~nt at or in the said places, and did then and there so reconnoitre 1 or more of the said places as aforesaid .

3. During or about August 1978' (the exact date(-s) being to the prosecutor unknown) and at near Jabavu, Soweto, the accused ' attempted to recruit a person.

4. During or about October 1978 (the exact date(-s) being to the prosecutor unknown) the accllsed returned to the Republic to make the necessary arrangements for 8 gang that had by' then been designated to attack, 'render ineffective and/or destroy the police station complex and/or the Magistrate's Court and/or hMne at Whi ttlesea, Cape PrOvince and/or to murder and/or injure persons employed/resident, at or in the said places .

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COUNTS 2 - 44 During or about the periuds and at or near the placcs

referred to in the paragraph(s) of the relevant Sch-

dule to the I:lain Count menti l'ned in Column C hereIn­

after, the accused mentioned in Column B hereinafter

unl:lwfully underwent and/or inci t '3d, ins tigated , com­

manded , aided, advisEld , eneourap; E' ,l and/or procured ot llsr , \

persons to undergo training whi0h ~Jul:l. be of use to any

person intending to endanger the maintenance of law and

or~er in thf nepublio or any port~on thereof

and/or '

Upon or about the dates and/or during or about the perio d!"

and at ,or near the places referred to in the paraGraph(s)

of the relevant Schedule to 'the main Count mp.ntioned in

Column D hereinafter , the nccused mentioned in Column B

hereinafter acting alone and/or with various o£ the

other accused and/or other persons' to the prosecutor

unknc,\,'ll, and in furtherance of a oonspiracy with the

conspirators, unlawfully and with intent to ,endanger

the mo.intenance of law and order in the Republlc or any

portioll thereof, committed one or more or all of the

acts mentioned in the paragraph(s) ' r eferred to in the

sa1(\ Column D~,

and/or

Upon or about the dates and/or during or about "the

per~,n<J,a E!'.nd at or near the places ,referred to in the

, par<'graph( s) of the rel evan t Schedule to the main Count

mentioned in Column E hereinaft"lt', the accused mention~d

in Column B hereinafter unlawfully possessed the explo­

sives, ammuni.tion . firearm(s) ood/or weapon(:;) .mentioned in

the paragraph(s) referred to in the said Column E.

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I cis 2( 1 )(a) 3CHEDULE/P AnA

I I ACCUSED! COU1'IT 1 t.;1J~rnER •

cis 2(1)?) SCHEDULE PARA

ol s 2(1 )(c) SCHEDULE/P ,\l{A

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2 I . 1 i 3 I 4 r

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A. 1

A

A

2

3

Alte natively A

4 5 I I A

I, . I I . _A __ 5 ___ _ 6 .. .. _ . ' ___ " ' __ ._. l--------t--

~" .. I ' 7 I 2 I B 1 . -1~-t-·-~1 ~ ~ --- __ B __ ,_"-~. ____ -0----3---

1 ~ I I 12) I 4 D 1 13 ..

14 15

17 ' 18

19 20 21 22 23

, i I

!

I I I

l I

! I

, i

5 I E 1

I

6 F 1 (a)

F 3

7 G 1

D D

D

i .

E

I i F

F

2

3 Alter9~tivelY 4

2

1(b)

2

F 4

D

2

3

24 G 2 Al ternard vely G 2 I

25 26 8 H

27 :

, I 28 ,. I I 29

30 9 ,/ I

31

32 33

1

I I I

I I

1 I I I

I I

• I

H

H

H

I

I I

G 3

~ Alterna~iVelY H

4 Alternaki~elY , H

2(a)

2(b)

4 ' I I . __ 34_1· ______ l-~ ______ ~~ ______ ~ __ ~/-

19 •••.

I 3

3

4

A

COUNTj

I 35 36

37 I 33 I 39-""

40

41 ( 42

43 44

(

B

ACCUSED NUI.mER .

10

11

12

c

ci s 2( 1 )(b) SCHEDULE/p ARA

J 1

D

cis 2(1)(a) SCHEIXlLE/P AM

J 2 Alter atively

J 4

E

J 2

\ • .T --.. - . -.. - ... - _ .. --- ·· .. -------t-----K 1 :

3

L----1---~-K-----2 ___ __+--------, I ; L 2 I

L 3 t I .. .. ----l---.~_, _--.l~ _._4 _L ______ ..

201 • • •• •

(

(

j. The a~cusBd joined the conspiracy at ti~e s and

places to the prosecutor unknown.

4. The conspi racy and the accused.s' parti cipa ti on

therein is inferrecl from all the facts set out in

the Indi c tmen t and herein .

5. The accused underwent training in furtherallce of

the conspiracy at in ter nlia I cr more of the camps commonly known as:-

. Engineering C~~p (Angola)

Benguela Camp (AnBola)

Nova Catengua Camp (Angola)

Quibaxe Camp (Angola)

Funda Camp (Angola)

Membeshe Z.A.P.U. Camp (Zambia)

J?iri vall Camp (Ukraine, Russia)

6. The accused acquired knowledge of, and skills in,

waging war and/or cO/lllrti tting acts of sabotage and/or subVersion.

8.

The accused set out for and/or returned to the

Re.!mblic (alone and/or wi th certain of the other

accused and/or wi th other ,persons trained as aforesaid) to commit ac~s in furtherance of the object of the

conspiracy. Particulars of the participation of

and/or specific acts committed by each accused are set

out in the relevant Schedules attached to the Indictment.

In respect of each of the 3 counts of participation

in terroristic activities in contravention of the

provisions of Act No. 83 of 1967, the State will rely

on.the alleged acts being likely to.have had, in the

Republic or any portion thereof, anyone or more or

all of the result~ set o~t in section 2(2) of the said

Act.

, I

[

•

NATAL PROVINCIAL uIVlSION

THE STATE versus

1 • JClHl'i ;,lOFOKENG SEKETE

2. TLADITSAGAE iJOSEd' lIlCLEFE

3. JEFFREY Rid ;ASAKA LEGOABE 4 • THI DE JHITiI¥ NGOllmn

5. AHDRE'/I r,iAPHETO

6. BErINET PANTESE ROi·jANE

7. TI TUS mOGALETCOE r;'ALEK A

8. SYDrlEY SEI{1'YATI CHOfJA

9. IIMTT)LE1'!KOSI Cf!RI STOPHER HADEBS

10. l'1Al'JDLA JACK ETHETWA 11. VUSUllUZI NICHOLAS ZULU

12. JAMES DAt!IEL UAf'lGE

LIST OF WITNESSES

2.

3. 4. 5. 6.

7. 8.

9. 10.

11. '

12.

13.

Luitenant D. Grobbelaar

Constable Potgieter

Warrant-Officer A. Smith

Sergeant Veldman Sergeant T. O'Connell

Captain Mitchell

Constable W. van der Berg

Captain R. WeIman

Warrant-Officer J. Brase

Luitenant I. de Beer

Vlarrant-Officer J. Hayee

Constable S. Ooethulzen

Constable J. de Witt

14. Constable J. Nltoel

. ,

15. Luitenant-Oolonel H.D. Stadler

Securi ty Poli ce, Greytovtn

" Security Police, Kokstad

S.A . P. Newcastle Securi ty Police NdullIo

S.A . P. Pietermaritzb~r6 tI

Se.curi ty Police Durban

S .A. P . Vr.','heid r.1ahamba Border Post

Botha'shoof Border Post

Nerston Border Post

Security Police Ermelo

Seourity Police Durban

2/,., ....

(

(

16.

17. 18.

19 . 20 .

2 1. 2 2 .

23. 24 . 25 .

2 6 .

30 .

31 . 32 .

33 .

34 ,

35 .

39 .

40 .

41-42 .

43 . 44 . 45 .

46 . 47 .

Captain Isak L.ouis Smuts Securi ty Branch r.Tiddelbllrg

Sergeant Daniel Petrus Vermaas "

Sergean t Philipp'J.s Hendrik du Toi t II

Sergeant Wynand A. Bornard Hattingh' " Sergsnnt Jo~n !:Jaclihlaba

D/i'larran t Officer Kotze

Constable Ereytenbach

Constable Koeleman

D/Cons ta ble Wheels

D/I'larrant Officer J ohannes H. jII . Di e tri chsen

Lt. Adria~n P. Van Niekerk

Constable Ngwenya

S.A. Miller

Johannes Hendriekus Viljoen

D/Sergeant Josias Mangaga

Lt . Daniel Elardus Heystek

Lt Gabriel J.M. Van Wyngnardt

D/Sergeant Carel F.C. Landman

Bazil Norman Young

Lt. Johann Sm t

Sergean t Dan vey tfapho phe

" " " " "

S.A.P. Groblersdal

Security Branch Johannes­burg

Sec uri ty Branch 1111 ddel burg Magistrate 's Court, "

Chief Fingerprint Officer Reference Bureau· Pretoria

Security Bran::h John Vorster Square

II

If

S.A. Criminal Bureau Pretoria

" Securi ty Branch John Vorster Square

" Captain Jacob J.L. Badenhorst

D/Sergeant Vernon Kei th r.1arallich

S.A.P. Tzaneen '

Sec uri ty Branch John Vorster Square

Constable Roger Ho ward Leslie Raven

D/;/arrant Officer Johannes ' Ehlers n/Sergeant Johan Casper Lammer

R.F . Van Heerden

Lt. Jacob Sono

Lt. fliokwena

iI!jOfficer Christiaan R.D . Potgieter

Sergeant Adriaan L. A. Haman

Lt. Col. Sarel J. Strydom

Security Branch (Head Office) Pretoria

S.A . P. Tzanoen

S.A.P. Pietersburg

Uagistrate's Court Tzaneen

S.A.P. Giyani Pietersburg

" Security Branch Jr on Vorster Square

., S.A.P. Pietersburg

3/ ......

("

(

48.

49.

50.

51.

52. 53. 54. 55.

56.

57. 58. 59. 60.

61-

62.

63. 64. 65. 66.

67.

68.

69. ,70.

71.

72.

73. 74.

75.

76. 77.

78. 79.

VI.O. Pieter G. Seyffert Securi ty Branch John Vorster Squore

VI.O. Jacobus Gerhardus Pretoriu6 S . A. Criminal Silreau Pretori:;l

Sgt. Gert L.J. Smit Prisons Department r1ylstroom

A • D. Schoeman Hagi s tra te ' 6 (10 urt Hylstroom

Mr Naude

W/Officer Gert A. Van Zyl

Constnble Willem\J. Faurie

.Jan Hend,rik Coe tzee

Sergeant William Ernest Cox

" Securi ty Branch ffyls.; ,;' r.

S. II . P. '!{arlllbi.ld

Transvaal l'rovincial Administration t'ylstr ' 0;,]

Sec uri ty Brench John Voreter Squuce

Constable Stephen Tshw6ahe

Constable Charles Gregory Deegan

D/ConGtable Hendrik Albertus Visser Lt. Carel P . F . JanQen van Rensbnrg.

Sergean t W. 1,1c Pherson

"

" " "

Constable J. Lima

D/Warrant Officer C. Plakhoro

Constable Kgang S . , Matras D/V;arrant Officer D. KUhn

Lt. Abraham Grobbelaar

Sergeant Johannes P. Botha

J.C. Folschen

r'ajor Wilcus Loots

Sergeant Gabriel J. Van dar Westhuizen

Lt. PaUlus 5.0. Fouohe

D/Sergeant R. Baker

Constable Nelson Neomane

Sergean t Levy L. S1 bigi

" Constable Kluge

Captain Abraham H. Ooetzee

Warrant Officer Christian De Wit

Lt. C. R. ~1c' Dulling

ttr Viljoen

" ..

Secl~ri ty Branch Soweto

" "

r1agi s tra te ' s COllr t Krugersdorp

S.A.P. Rustenburg

S. A. P. r7afeking

Forensic Science Labore ~o ry Pretoria

John Vorster Square

" BophutluJtswana Police J\lmabatho

Local Fingerprint Office Vryburg

Securtiy Branch j.rafelrinG Bophutha .'·swana Police r,lmabatho

' Securi ty Branch Durban

Co-op eration Development Reference Bureau Pretoria

/

(

Dudng or about the perind 1 l/.ay 1975 t o ~4 June 1979

(the exact date(s ) being to the prosecutor unknown) '

and at a place( - s ) to the prosecutor unknown, the accu~e(t

unlawfully conspired "ith each other and/.)r the afore­

mentioned conspirators to commit the offence of murder , tv

wi t to murder persons in the Repuvlic.

COUNT 46 (Against accused numbers 9 and 10 vnly)

During or about the period January 1979 (i.r.o . accused

number (9) ), and upon or about 12 March 1979 (Lr.o.

accused numbers 9 and 10 ) and at or near Njando area in

the district of Msinga, the accused unlaVl.tUlly and inten­

tionally incited, instigated and/or procured persons to

commit the offence of murder, to wit to murder White persons

in the district of Msinga 3.Ild/or elsewhere in the Republic.

l'lHEIU.'FORE, upon due proof and conviction thereof,

the Haid Attorney-General prays the judgment of the

Court against the accused, according to law.

H.G. KLEM DEPUTY ATTOr~Y-GENERAL NATAL

(

•

(

, r

NATAL PROVINCIAL DIVISION

THE STATE versus

1 • JOHN r10FOlCENG SEKETE , 2. TLADITSAGAE rr.OSES i>OLEFE

3. JEFFREY RAUASAKA LEGOABE

4. THIEE JIrtIr.TY NGOBENI

5 • ANDREW MAl'liETO

6 . !3El'JNET PANTFSE KONAtlE

7 . TITUS rmGALETCOE ~fALEKA

8. SYDrrEY SEK'/IATI CHOMA

9. 1~At!DLEI\iKOSI CHRISTOPHER HADEBE

10 . r'WfDLA JACK r,lTHETWA

11 • VUSmmZI NICHOLA S ZULU

12 ; JAt;ES DANIEL r,IANGE

SUJ,ThJARY OF SUBSTAlITIAL FACTS

1. The organisations and/or Broups of persons listed aa the conspirators operate inside and outside the Republic •.

2. The object and . me t hods of the conspirators overlap with those of the African National Congress, Umkhonto We Sizwo , and the Spear of the rration, declared Unlawful Organisa ti OlB in terms of Pr oclamations 119 of 1960 , 93 of 1963 arJ 94 ~f

1963 r espectiv31y.

2/ . . ... .

Collection Number: AD2021 SOUTH AFRICAN INSTITUTE OF RACE RELATIONS, Security trials 1958-1982 PUBLISHER: Publisher:- Historical Papers, University of the Witwatersrand Location:- Johannesburg ©2012

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