Delmas Treason Trial

from Wikipedia, the free encyclopedia

The Delmas Treason Trial (German: " Verratsprozess von Delmas"; officially The State vs. PM Baleka and others ) was a trial of the High Court of South Africa in South Africa . It began in Delmas in 1985 and was completed in Pretoria . 22 men, most of whom were from the United Democratic Front , were charged . Five defendants were sentenced in 1988 to terms of between five and twelve years in prison and six were sentenced to long suspended sentences. The state hoped to be able to eliminate the UDF with this process. In 1989 the judgments were overturned.

prehistory

The UDF was founded in August 1983 as the umbrella organization for numerous anti- apartheid organizations. One of their goals was the political fight against the newly created three-chamber system . From 1984 to 1986 the Pietermaritzburg Treason Trial took place, in which 16 UDF members or those close to the UDF were acquitted.

Process participants

accused

The 22 defendants were (in alphabetical order):

  • Patrick Mabuya Baleka
  • Moses Mabokela Chikane , Transvaal Secretary
  • Serame Jacob Hlanyane
  • Oupa John Hlomka
  • Mosiuoa Gerard Patrick Lekota , National Publicity Secretary
  • Gcinumuzi Petrus Malindi
  • Mkhambi Amos Malindi
  • Thomas Madikwe Manthata, South African Council of Churches
  • Hlabeng Same Matlole
  • Morake Petrus Mokoena
  • Sekwati John Mokoena
  • Popo Simon Molefe , National Secretary
  • Mohapi Lazarus More
  • Tebogo Geoffrey Moselane
  • Simon Tseko Nkoli
  • Naphtali Mbuti Nkopane
  • Tebello Ephraim Ramakgula
  • Thabiso A. Ratsomo
  • Pelametse Jerry Tlhopane
  • Bavumile Herbert Vilakazi
  • Maxala Simon Vilakazi

Many of the defendants came from the Vaal triangle and thus had their center of life more than a hundred kilometers from the Delmas court.

The indictment listed the names of 911 other people and 50 organizations who should also be prosecuted if found guilty. People included Desmond Tutu , Frank Chikane, and Beyers Naudé .

defender

Among the defenders were Arthur Chaskalson , George Bizos , Gilbert Marcus, Karel Tip and Zac Yacoob .

Accuser

The Prosecutor was the Republic of South Africa .

Judge

The presiding judge was Kees van Dijkhorst. He was supported by two assessors , Willem Joubert, a qualified lawyer, and WF Krugel, President of the Regional Court (“Regional Court ”) in Pretoria.

Procedure and judgment

On October 16, 1985, the trial began in the Magistrate Court building in the small town of Delmas. The charges were of treason , partial terrorism , subversion , murder and "supporting the aims of an illegal organization". The defendants were housed in Modderbee Prison outside of trial hours . The prosecution alleged that the UDF was founded on an instruction from Oliver Reginald Tambos , the exiled chairman of the banned African National Congress (ANC), in January 1983. The UDF is also conspiratorially controlled by the ANC. The defendants were also accused of instigating violent clashes in numerous places in South Africa and of undermining the authority of local administrations by setting up their own administrative structures. The defense pointed out that the UDF had long-known goals and did not work in a conspiratorial manner. She is independent and peaceful. The founding of the UDF was based on a speech by Allan Boesak in January 1983, which was about resistance to the three-chamber system after the Labor Party had spoken out in favor of the controversial system.

In November 1986, the defense demanded an acquittal. Thereupon three defendants were acquitted and six others released on bail . On March 10, 1987, Joubert was dismissed from the proceedings without replacement by Judge van Dijkhorst after his support for the UDF's Million Signature Campaign became known. An application by the defense attorney to the judge to consider the dismissal as illegal failed, as did an application to dismiss WF Krugel, who was a member of the Broederbond , for bias .

After around 18 months, the trial was continued in the Palace of Justice in the capital Pretoria. In June 1987, ten more defendants were released on bail but were not allowed to stay in their hometown. Eight defendants were arrested again in November 1988 when the verdict began. Three defendants, Lekota, Molefe and Chikane, remained detained throughout the trial. Public interest grew towards the end of the trial. Several ambassadors from western countries attended as spectators.

There were a total of 437 meeting days. Measured in terms of the number of days of meetings, it was the longest and most expensive process in the history of South Africa to date.

On December 8, 1988, the verdicts were pronounced. Eleven of the defendants were sentenced to between five and twelve years in prison. Lekota was sentenced to twelve years imprisonment for treason, Chikane and Molefe to ten years, and Manthata was sentenced to six years imprisonment, all for treason. Gcinumuzi Malindi was sentenced to five years in prison for terrorism. Another six defendants, Hlanyane, Matlole, SJ Mokoena, Mphuthi, Nkopane and Ramakgula, received suspended sentences for terrorism and decrees that a spell equaled.

The judge stated in his judgment that the UDF was a domestic wing of the ANC that was creating a revolutionary climate. At the same time, he addressed the defendants as possible future leaders, but who would have to renounce violence.

Protests

There were numerous protests against the trial, including events by the Delmas Support Group with Desmond Tutu, Allan Boesak, Frank Chikane and Jay Naidoo . The process and the verdicts were also criticized internationally.

consequences

In late 1989 the judgment was overturned by the Appellate Division of the Supreme Court and all of the accused were acquitted of procedural misconduct. The court argued that the defendants should have been heard before Joubert was released.

In Delmas in 2012 a memorial in the form of an oversized hammer and anvil was erected on the property of the Magistrate Court for the defendants - including the Delmas Four , who narrowly escaped the death penalty in 1989. Nelson Mandela once said that the rule of the white minority would one day be crushed by the hammer of armed resistance and the anvil of the mass movement.

literature

  • Rose Moss: Shouting at the crocodile. Popo Molefe, Patrick Lekota, and the freeing of South Africa. Beacon Press, Boston 1990, ISBN 9780807002100 .

Web links

Individual evidence

  1. ↑ a b c d e f g h i j k Delmas Treason Trial 1985–1989. historicalpapers.wits.ac.za, accessed September 27, 2019
  2. ^ A b Gail M. Gerhart: Trial by color. New York Times, December 30, 1990, accessed September 29, 2019
  3. ^ Repressing the UDF leadership. saha.org.za, accessed on September 28, 2019
  4. ↑ Vusi Gunene: Secret Delmas papers row. Weekly Mail, December 15, 1988, accessed September 26, 2019
  5. ↑ a b c Thabiso Ratsomo: The ghost of Delmas. learnandteachmagazine.wordpress.com, accessed September 29, 2019
  6. ↑ a b c d e f Delmas: Last meesage from the dock. Weekly Mail, December 9, 1988, accessed September 28, 2019
  7. ↑ Delmas judge squashes defense plea. Weekly Mail of March 27, 1987 (English), accessed September 30, 2019
  8. ^ Delmas treason trial protest meeting. saha.org.za, accessed on September 26, 2019
  9. ↑ Alfred Moselakgomo: Honor for Delmas anti-apartheid trial ists. sowetanlive.co.za on February 29, 2012 (English), accessed on September 29, 2019
  10. ↑ Nelson Mandela quotes: 'Real leaders must be ready to sacrifice all for the freedom of their people'. The Guardian, December 6, 2013, accessed September 30, 2019