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

  • ZA HPRA AK2226
  • Fonds
  • 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.

Bell, Dewar & Hall

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