Fundos AK2226 - The State vs. Bongani Sibisi and 17 Others, Trial records

Zona de identificação

Código de referência

ZA HPRA AK2226

Título

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

Data(s)

  • 1987-1991 (Produção)

Nível de descrição

Fundos

Dimensão e suporte

11 boxes

Zona do contexto

Nome do produtor

(1889-)

História administrativa

South African Law Firm, which became involved in high profile political trials during the 1980s and 1990s. These included the Delmas Treason Trial and the Neil Aggett inquest, amongst others.

História do arquivo

Fonte imediata de aquisição ou transferência

Zona do conteúdo e estrutura

Âmbito e conteúdo

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.

Avaliação, selecção e eliminação

Ingressos adicionais

Sistema de arranjo

The main body of this collection relates to the Appeal of those accused who were sentenced to death as well as accused 6. The collection has been arranged in chronological order as the proceedings in this case unfolded. Also included are the extenuation proceedings with the psychological testimonies of two social psychologists, a social anthropologist and a clinical psychologist, who testified for the defence.

The collection contains the records of the following proceedings:
A - The State vs. Bongani Sibisi and 17 Others, case no. 129/87, Supreme Court of South Africa (Witwatersrand Local Division)
B - The extenuation proceedings in S. v. Sibisi and Others, case no. 187/87, Supreme Court of South Africa (Witwatersrand Local Division)
C - Appellants 1-5 vs The State, case no. 613/89, Supreme Court of South Africa (Appellate Division)

It also contains general supporting document used in these proceedings:
D - Supporting documents

Zona de condições de acesso e utilização

Condições de acesso

Condiçoes de reprodução

Idioma do material

Script do material

Notas ao idioma e script

Características físicas e requisitos técnicos

Instrumentos de descrição

Zona de documentação associada

Existência e localização de originais

Existência e localização de cópias

Unidades de descrição relacionadas

Descrições relacionadas

Zona das notas

Identificador(es) alternativo(s)

Pontos de acesso

Pontos de acesso - Assuntos

Pontos de acesso - Locais

Pontos de acesso - Nomes

Pontos de acesso de género

Zona do controlo da descrição

Identificador da descrição

Identificador da instituição

Regras ou convenções utilizadas

Estatuto

Nível de detalhe

Datas de criação, revisão, eliminação

Línguas e escritas

Script(s)

Fontes

Zona da incorporação

Assuntos relacionados

Pessoas e organizações relacionadas

Géneros relacionados

Locais relacionados