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The State vs. Bongani Sibisi and 17 Others, Trial records

  • ZA HPRA AK2226
  • Archief
  • 1987-1991

On 13 March 1987 Workers of the South African Transport Services commenced on a strike at the South African Transport Services (SATS) City Deep Depot. The majority of the workers were members of the South African Railways and Harbours Workers Union (SARHWU), which was affiliated to the Congress of South African Trade Unions (COSATU).

As the strike progressed, the strikers learned that they had been fired by SATS and as a result grew increasingly angry. On the 28 April 1987 five non-strikers were fetched from various depots where they had been working and taken to COSATU house. They were Vhulani Joseph Mulaudzi, Kati John Sebopelo, Mulatelo Petrus Moremane, Albert Phuluwa and Jerry Rudolph Goodman. Albert Phuluwa managed to escape but the other four were murdered and their bodies set on fire. Albert Phuluwa would become the State's witness in the murder trial that followed the killings.

The 18 accused in the trial of State vs. Sibisi and 17 Others were charged in the Supreme Court (Witwatersrand Local Division) with 17 counts, namely 5 counts of kidnapping, 4 counts of assault with intent to do grievous bodily harm, 2 counts of robbery with aggravating circumstances, 4 counts of murder, 1 count of attempted murder, 1 count of intimidation. The Indictment was served on the 4 December 1987.

Names of the accused:

  1. Bongani Sibisi
  2. Wilson Matshili
  3. David Dzevhe
  4. Jacob Thapelo Machaka
  5. Patrick Molefe
  6. Phineas Netshitungulwane
  7. Takalani David Mamphaga
  8. Mafemane William Rikhotso
  9. George Maungedzo
  10. Daniel Candilizwe Mkholokotho
  11. Freddie Mothisi
  12. Isaac Mogorosi
  13. Jacob Mmatloa
  14. Wilson Mushaishano
  15. Johnson Mogesi
  16. Johannes Joja Mgcobo
  17. Simon Mulomoni
  18. Michael Ikaneng

The State alleged that the accused's conduct was unlawful for reasons that 1) the strike was contrary to Section 26 of the Conditions of Employment Act, 2) the deprivation of the liberty of the non-strikers, 3) the trial and punishment of non-strikers and 4) the application of corporal punishment.

The court held that all accused were guilty of murder. However an enquiry was made whether or not the accused 1, 2, 3, 5, 6, 7, 8 and 9 had proved extenuating circumstances, a process which lasted from August to November 1988. In February 1989 Judge Spoelstra found that accused 2, 5, 7 and 9 were guilty of murder without extenuating circumstances and they were sentenced to death on the 10 March 1989. All other accused were sentenced to lengthy jail terms, except for accused 12 and 13 who were found not guilty and were discharged.

Following the sentence, accused 2,5, 7 and 9 decided to take the matter on appeal against whether extenuating circumstances existed, and accused 6 against sentence only. They were represented by Advocate M. Luitingh and Advocate JG Rautenbach of Bell, Dewar & Hall. The Appellate Division of the Supreme Court set aside their death sentences in 1991 and they were given prison sentences instead, i.e. accused 5,7,9 were given 21 years imprisonment and accused number 2 received 18 years imprisonment. The appeal of accused 6 was dismissed.

Zonder titel

Major W. Lambton, Letter

  • ZA HPRA A198
  • Archief
  • 30 January 1901

Military secretary

Letter to Dean of St. George's Cathedral, Cape Town, concerning funeral service for Queen Victoria.

John Gaspard Gubbins Papers

  • ZA HPRA A205
  • Archief
  • 1916-1934

Africana collector

Correspondence, including letters from J. Agar-Hamilton, E.M. Barralet, C Bullock, G.E. Cory, J. Dunn, E.L. Gill, M.W. Gray, J.H. Hofmeyr, J.D. Rheinallt Jones, J.H. Pim, P. Ribbink, J.C. Smuts and E.A. Walker which relate mainly to the acquisition of Africana books, manuscripts and museum items; Ts drafts for his Three dimensional Thinking, published Cape Town, Miller, 1924; press clippings and his prospecting permit issued on the 18 Nov. 1924; notes on the Baharutshe and notes on the history of Marico, printed in the Marico Chronicle, 1912-1913.

Thomas Ayres, Diary

  • ZA HPRA A210
  • Archief
  • 7-27 May 1869

Ornithologist

Fragment of a diary. Describes a hunting expedition in the Transvaal and comments on Chief Lobengula.

John Alexander Wilmot, Letter

  • ZA HPRA A212
  • Archief
  • no date

President of the Temperance Alliance

Letter to the Editor of the Cape Time condemning the consumption of 'Cape Brandy'.

Thomas Morgan Thomas, Diary

  • ZA HPRA A117
  • Archief
  • 20 September 1874 - 5 November 1883

Missionary at the London Missionary Society in Rhodesia

Describes his missionary work at Shiloh in Matabeleland and contains many references to Chief Lobengula. Includes copies of letter from Lobengula to the British Resident, Pretoria, 30 Mar. 1882 and to Commandant-General, Transvaal Republic, 21 Apr. 1882, together with a copy of the treaty between Lobengula and Hugh Dobbie, Daniel and William Francis and Samuel Dodds, ceding right to explore for gold, 2 Sep. 1881. Also copies of reviews of his Eleven years in Central South Africa, London, 1872.

Maria Stella Petronilla (Chiappini) Freifrau von Ungern Sternberg, Manuscript

  • ZA HPRA A125
  • Archief
  • 1838

'Maria Stella, ou echange criminel d'une demoiselle du plus haut rang, contre un garcon de la condition la plus vile. A Paris et dans les departements chez les principaux libraires, 1838'.

Maria Stella was the daughter of Lorenzo Chiappini. Her first husband was Thomas Wynn, who became Baron Newborough, and after the latter's death, she married Baron Edward Ungern Sternberg, a Russian. Maria claimed to be the legitimate daughter of Louis Philippe, duke of Orleans, and to have been exchanged at birth for a male child afterwards Louis Philippe, King of France. A. Castelot in his Philippe Egalite, 1950 has finally demolished the legend. Maria's brother Antonio settled at the Cape and is the founder of the family Chiappini at the Cape.

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