Delmas Treason Trial

The Delmas Treason Trial (1985–1988) in South Africa was the prosecution of 22 anti-apartheid activists under security laws, with the intention of suppressing the United Democratic Front (UDF).[1] The defendants included three senior UDF leaders, Moses Chikane, Mosiuoa Lekota and Popo Molefe, known as the "Big Three".[2] Eleven of the accused were found guilty in the same courtroom where Nelson Mandela was found guilty. Their sentences were overturned in 1989 after an appeal to the Supreme Court.[3] The trial was the longest in South African history at the time.[4]

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Judge

Justice Kees van Dijkhorst

Defendants
  • Thomas Madikwe Manthata
  • Popo Simon Molefe
  • Mosiuoa Gerard Patrick Lekota
  • Moses Mabokela Chikane
  • Simon Tseko Nkoli

Prosecution side

Prosecutors in the trail argued that the United Democratic Front was a cover-up for an internal wing of the African National Congress. The African National Congress had been outlawed by the government for over two decades during the trial. Therefore, by the prosecution linking the two groups together, the state could use that for grounds to criminalize any violent or non-violent protest activity initiated by the UDF.[5] The trial mainly focused on the UDF's role in protesting and boycotting the Indian elections during South Africa's 1984 General Election.

Defense side

The defense rejected the fact that its clients had any plans or participated in overthrowing the state. It argued that the United Democratic Front was a non-violent organization. It brought up documents and meeting notes showing that the African National Congress had long-standing grievances with the United Democratic Front on issues surrounding the Black diaspora.[6] Additionally, the United Democratic Front provided witnesses that argued that the organization fought for a more united, non-racial South Africa; however, they did this through ensuring more political rights for Blacks rather than plotting to overthrow the government.[7]

Verdict

In his ruling, the judge found that the dominant leadership of the United Democratic Front, Moses Chikane, Mosiuoa Lekota, and Popo Molefe were responsible for forming a revolutionary climate against the state. He stated that the group had popularized views made by the African National Congress and fueled hatred against the government. The judge ruled that no group, especially the UDF, could commit high treason without violence. Ultimately, the verdict showed how South African government was still unwilling to accept opposition to apartheid policies. [8]The men were sentenced to 10 years in prison. However, on December 15, 1989, after being in jail for over four years, the United Democratic Front members won an appeal based on a technicality and were released from jail.[7]

References
  1. Gerhard, Gail. "Trial by Color", New York Times, New York, 30 December 1990. Retrieved on 3 October 2010.
  2. "Pretoria Supreme Court sentences 11 "Delmas Treason Trialists"" Archived 2005-02-18 at the Wayback Machine South African History Online, Pretoria. Retrieved 3 October 2010
  3. Kraft, Scott (16 December 1989). "Convictions Overturned for 5 Leading South African Black Activists". Los Angeles Times. Retrieved 14 September 2016.
  4. "Activists Convicted of Treason". The Salina Journal. 19 November 1988. Retrieved 14 September 2016 – via Newspapers.com.
  5. Gerhart, Gail M. (1990-12-30). "Trial by Color". The New York Times. ISSN 0362-4331. Retrieved 2020-04-03.
  6. Rueedi, Franziska (2015-07-03). "Narratives on Trial: Ideology, Violence and the Struggle over Political Legitimacy in the Case of the Delmas Treason Trial, 1985–1989". South African Historical Journal. 67 (3): 335–355. doi:10.1080/02582473.2015.1092573. ISSN 0258-2473.
  7. Gerhart, Gail M.; Seekings, Jeremy; Kessel, Ineke Van (2000). "The UDF: A History of the United Democratic Front in South Africa, 1983-1991". Foreign Affairs. 79 (6): 192. doi:10.2307/20050028. ISSN 0015-7120. JSTOR 20050028.
  8. Allo, Awol (2016-03-09). The Courtroom as a Space of Resistance. doi:10.4324/9781315615073. ISBN 9781315615073.



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