"Accused Numbers 15, 16 and 17 acted in collaboration with one another. Accused Number 1 (Zephania Mothopeng) is being held responsible because he gave instructions through Accused Number 18 to the Executive Committee of Young African Religious Movement." - Judge Curlewis Supreme Court of South Africa Transvaal Division
The judgment in the Zeph Mothopeng case and others for the Soweto Uprising reveals what type of grievances were raised among the students, and underground names used as covers since the Pan Africanist Congress was banned, how Mothopeng was implicated and the predicted riots in Soweto and Kagiso in action.
The evidence deduced in court reveals that Number 15 (Themba Hlatshwayo) pointed out that the African people suffered since they did not get the same wages for the same work and did not have as good an education as Whites. Accused Number 17 ( Rodney Tsoletsane) told students in a meeting that Africans have to pay a lot of money for their education, while the Whites got better education and only paid very little.
A witness by the name of Adam said that Accused Number 13 (Micheal Matsobane) at a meeting he attended said that a new Student Representative Council (SRC) must be elected so that the students grievances could be heard. A number of students were elected including Numbers 15, 16 (Molathlegi Thlale), 17 and Felicia. Aletta Suping and others.
Grievances Raised For The 1975 Riots In Secret Meetings
Various grievances were aired from the floor by the Masupatsela High School delegation who were incidentally substantially Young African Christian Movement (YACM). YACM was used as a cover for the activities of the banned Pan Africanist Congress.
The idea was that the SRC would see to it that the complaints of the students were remedied by taking them up with the authorities.
A witness by the name of Papuis Seroka said that he was at Masupatsela High School where he was doing his Form 3 in 1976. He said that he knew Accused Numbers 15, 16, 17 and 18 (Daniel Matsobane). He called the latter "Bra Dan" and Number 13 "Bra Mike". He said Accused Number 1 (Zeph Mothopeng) was seated "in the corner."
This witness said he was told there was to be a meeting behind the school classroom. He went there. Accused Number 15 spoke. He said that they had invited High School students to tell them about the set up in South Africa. They discussed the salaries of African workers and those of white workers and the inferior education to which African students were subjected.
Themba Hlatshwayo said that Whites were busy exploiting the minerals such as gold to invest and enrich themselves instead of helping Africans with money to alleviate their poverty. He said that the students must belong to political organisation which will enable them to lead them to liberation.
In April 1976 at another meeting in which a state witness attended testified that Themba Hlatshwayo said the Bantustans had been formed to divide the African people into different groups so that the Africans would not know that they were one people and not "Bantus."
The Young African Christian Movement (YACM) was changed to Young African Religious Movement (YARM) to embrace all religious groups. It was emphasised that meetings were to be subtle and covert and members were to select who would attend.
Mothopeng Fixed The Date For Soweto Uprising
Papuis Seroka's evidence in court was that in 1975 Accused Number 15 spoke to him. He invited him to a meeting that night at Accused Number 13's place. He went there about 19.00. Present at that meting were Number 15,16,17,13,18, B.G. and Adam Kunupi. There were three others he did not know. They were adults.
The witness told the court that Number 13 introduced one of the three as the leader of the Pan Africanist Congress (PAC) from Soweto. At his request this man, Accused Number 1 ( Zeph Mothopeng) addressed the meeting. He first gave the palm salute sign of the PAC which was returned.
He said the time had come when all African people had to stand together to fight for their freedom in South Africa. He said that the PAC is organizing riots which would start a revolution. The riots would be started by students by throwing stones and burning dow buildings belonging to the apartheid colonialist government and its puppets. The riots would spread throughout the country ".…then the adults who are concerned about their liberation would take over. This will lead to total liberation."
Mothopeng said that the date of riots had not been fixed, but as soon as it had, an alarm signal would be given and then the students would start rioting. He gave the PAC salute which was returned.
Adam another witness testified before Judge Curlewis that at the beginning of May 1976 he was asked by Accused Number 15 to attend a meeting at Mike's place. Accused Numbers 17, B.G., 15, 16,18 and 13 were present as well as other people, he thought about five. He said three were adults.
Mike introduced them as their leaders from Soweto. Adam said one of them stood and said, "This is Uncle here." He pointed at the now Accused Number 1 ("Uncle Zeph Mothopeng").
Mothopeng then addressed the meeting. He said that students were to organize riots. . They must start simultaneously throughout the country. When the riots begin students must organize things like stay-away from school and from work. Apartheid government property must be destroyed in order to cripple the economy of the country.
"This was the aim of the riots. A date will be set and the students in Kagiso must start"
The Court was told this was what Mothopeng said. Accused Number 13 then said he would send Number 15 and 16 of the starting date.
Predicted Riots In Soweto And Kagiso In Action
A witness in the trial of Mothopeng and 17 others testified that on the 16th June 1976 he heard that the riots had started in Soweto. He went to Accused Number 13 and asked him why the people in Kagiso had not started. Accused Number 15 said he did not know, but they should go to Accused Number 13's place that same day to find out. The witness did not go out as his father would not let him go out into the night having heard of the riots.
The following day according to this witness, Accused Number 15 asked him why he had not attended the meeting. He explained that his father would not let him go. Number 15 then said that Number 13 had given instructions that they should not meet at 17.00 at the bottle store. The riots in Kagiso would start from there.
At about 16.00 on 17th June, while still at home in Kagiso, he heard shouting and saw the riots had started. The people were going to the bottle store. He went there too. On arrival it was already on fire. He and others looted the place.
The witness said Accused Number 15 came to him and said that they had finished with the bottle store and that the next targets were the schools. They should begin with Masupatsela High School that night. Accused Number 16, 17 and B.G. were with Number 15. They were also looting.
The next day 18th June, the students became uncontrollable. The police arrived. Shots were fired and the students dispersed. The school was closed. The witness saw that the school offices were burned and that there was a burnt-out bus behind the school. He said that there after he did not and could not make contact with any YARM members because of the presence of the police.
The court recalled that Felicia's evidence was recounted in a conversation between B.G, and Number 16 on violence. They said they went outside and threw stones and buses. One bus was stopped. The driver ran away and the rioters got in the bus and drove the bus against the wall.
Students got into the bus and it was driven in the direction of Masupatsela High School. The witness said he did not go with the bus. He continued looting and throwing stones at buses and cars.
In cross-examination the witness said a teacher by the name of Sejanamane said the riots were a good thing. Students must fight for their rights. The students organized stay-aways. They threatened workers and prevented them from going to work. They attended funerals. They burned a truck belonging to Beeld newspaper and generally rioted.
The riots continued for a long time. The PAC under cover of YARM continued with the underground activities which were related not only to the unrest within the country ,but mainly to the programme of sending recruits for military training outside South Africa.
Arrests for the Soweto Uprising were made throughout 1977. And beyond.
Christopher Sompondo joined YARM in November 1976 because as he said YARM members had visited him in hospital after he had been wounded on the 19th June 1976 by police bullets.
As indicated in the previous chapter, Justice Curlewis convicted and sentenced Mothopeng and other PAC leaders and members to prison terms.
Mothopeng's Lawyers Appeal Was Dismissed
Application on behalf of the accused to appeal was dismissed in The Supreme Court of South Africa Appellate Division. It was heard on the 16th of July 1979 and dismissed the same day.
The Court Appeal affirmed the judgment of Judge Curlewis, stating among other things that the said learned judge in dealing with the evidence of the witness Veli Maseko had stated:
"It should be clear that these incidents are not something he invented or that he can invent nor is there any reason for him to do so. The details of the incidents and their sequence, the contents of what was told him he did not suck this out of his thumb…no matter how desirous he was of being released or getting an indemnity…."
This was with regard to Ground of Appeal 1(a). There were many grounds. I will not deal with all of them here.
For Ground of Appeal 1(b) the Appeal Court said that an indication of the learned Judge's approach was to be found in the following passages:
"One can take any of the witnesses who testified against Accused Number 1 (Mothopeng) and examine the hypothesis that they have falsely incriminated him.Micheal, for example: It is argued that Micheal has made up his trip to Moabi and Botswana and the conversation with Number 1 to please the police to get him out of detention and so forth….A moment's consideration will show the absurdity of all these arguments. If none of what Micheal recounts happened, if his mind was tabula rasa, then the police would teach him to say something that was simple and embracing…."
Ground of Appeal 1c:
In dealing with the witness Fakazi John Mdakane, the learned Judge said:
"This witness was a good witness like others. There is absolutely no reason for him to incriminate …in such a disjointed fashion."
The learned Judge dealing with the evidence against the First Petiioner ("Uncle Zeph Mothopeng") said in volume 130 page 5013 lines 2 to 8:
"By first determining what is the real issue in the case and that; did the accused carry out the illegal activities as alleged by the state, that is, the Pan Africanist Congress (PAC) and the reviving of the PAC and inciting people to go for military training and inciting to riot, then the only inference may be that they used these various bodies as cover."
The learned Judge dealing with the complaint led by the defence that no identification parade had been held in respect of a most important identification said:
"Counsel said there should have been an identification parade. I do not agree. Among 18 people in the atmosphere of this court he was in fact at a disadvantage compared with an identification parade, particularly as the accused Number 1, as known from the evidence at the time Papuis saw him, he was bearded and is now clean-shaven This I may say is an old trick…."
What stands out indisputably and historically correctly is that indeed, the Soweto Uprising of 16 June 1976 was the revolutionary work of the Pan Africanist Congress. No members or leaders of any political Party or liberation movement in South Africa or anywhere else, were convicted and sentenced to prison terms for the Soweto Uprising. This must be remembered each time June 16 is commemorated in South Africa and internationally.