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The State vs. Bongani Sibisi and 17 Others, Trial records
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:
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
This collection consists of Heads of Argument, Judgment and correspondence (records).
Jana, Priscilla
Wendy Orr and 42 Others vs The Minister of Law and Order, Trial records
The matter was finally settled out of court because the State of Emergency had been lifted. There was no longer any need to pursue the relief sought in the application.
Cheadle Thompson & Haysom
POLITICAL TRIALS.
IVAN PETER TOMS p2-339.
and
THE STATE.
APPEAL.
IVAN PETER TOMS and THE STATE.
IN THE SUPREME COURT OF S.A. APPELLATE DIVISION 1988.
INDEX.
I Records.
II Records.
III Exhibits.
IV Records.
Centre for Applied Legal Studies (CALS)
Robert David Bruce vs The State
Political Trial.
In the Supreme court of South Africa, Appellate Division in the matter between.
Robert David Bruce and The State.
Centre for Applied Legal Studies (CALS)
Denis Beckett and Saga Press (Pty) Ltd vs Mangosuthu Gatsha Buthelezi
In the Supreme Court of South Africa, Appellate Division.
In the matter between.
Denis Beckett (First Appellant / First Defendant).
Saga Press (proprietary) Limited (Second Appellant).
and
Mangosuthu Gatsha Buthelezi (Respondent).
Political trial.
Judgment on Appeal missing.
Centre for Applied Legal Studies (CALS)
Archibald Gumede and 5 Others vs The Minister of Law and Order
Volume 1: pp 1-106.
Volume 2: pp 107-202.
Volume 3: Appellants' Heads of Argument.
APPEAL IN THE SUPREME COURT OF SOUTH AFRICA.
APPELLATE DIVISION.
In the matter between:
ARCHIBALD JACOB GUMEDE First Applicant.
CH ANDERDEO SEWPERSADH Second Applicant.
MOORCO GIAN JAYARAJAPATHY NAIDOO Third Applicant.
MAWALAL RAMGOBIN Fourth Applicant.
BILLY NAIR Fifth Applicant.
DEVADAS PAUL DAVID Sixth Applicant.
and.
THE MINISTER OF LAW AND ORDER Respondent.
Volume 1: pgs 1-106.
Volume 2: pgs 107-212.