This resource is hosted by the Nelson Mandela Foundation, but was compiled and authored by Padraig O’Malley. It is the product of almost two decades of research and includes analyses, chronologies, historical documents, and interviews from the apartheid and post-apartheid eras.
Vula Eight: Charge Sheet
THE STATE
versus
1.. Siphiwe NYANDA
2.. Raymond LALA
3.. Catherine MVELASE
4.. Susanna TSHABALALA
5.. Dipak PATEL
6.. Pravin Jamnadas GORDHAN
7.. Amnesh Munnessar SANKAR
8.. Billy NAIR
9.. Sathyndranath MAHARAJ
___________________________________________________
CHARGE
___________________________________________________
1.. THAT all the accused are guilty of TERRORISM in contravention of section 54(1) of the INTERNAL SECURITY ACT No 74 of 1982.
ALTERNATIVELY
2.. IN RESPECT OF ACCUSED NUMBER 1:
. 2.1. THAT accused number l is guilty of the unlawful possession of machine guns, machine rifles, grenades and explosive devices in contravention of section 32(1) of the ARMS AND AMMUNITION ACT No 75 of 1969: and
. 2.2.. THAT accused number 1 is guilty of the unlawful possession of firearms in contravention of section 2 read with section 39(1)(h) of the ARMS AND AMMUNITION ACT No 75 of 1969: and
. 2.3.. THAT accused number 1 is guilty of the unlawful possession of ammunition in contravention of section 36 read with section 39(1)(h) of the ARMS AND AMMUNITION ACT No 75 of 1969.
3.. IN RESPECT OF ACCUSED NUMBERS 2, 3, 4 AND 5:
THAT accused numbers 2. 3, 4 and 5 are guilty of contravening 32(5)(a) of the ARMS AND AMMUNITION ACT No 75 of 1969.
4.. IN RESPECT OF ACCUSED NUMBER 6:
THAT accused number 6 is guilty of the unlawful possession of explosives in contravention of section 32(1) of the ARMS AND AMMUNITION ACT No 75 of 1969: and
. 4.2.. THAT accused number 6 is guilty of the unlawful possession of a firearm in contravention of section 2 read with section 39(1) (h) of the ARMS AND AMMUNITION ACT No 75 of 1969; and
. 4.3.. THAT accused number 6 is guilty of the unlawful possession of ammunition in contravention of section 36 read with section 39(1 )(17) of the ARMS AND AMMUNITION ACT No 75 of 1967.
5.. IN RESPECT OF ACCUSED NUMBER 7:
THAT accused number 7 is guilty of contravening section 32(5)(a) of the ARMS AND AMMUNITION ACT No 75 of 1769.
6.. IN RESPECT OF ACCUSED NUMBER 9:
. 6.1. THAT accused number 9 is guilty of the unlawful possession of a firearm in contravention of section 2 read with section 39(1)(h) of the ARMS AND AMMUNITION ACT No 75 of 1969; and
6. 2.. THAT accused number 9 is guilty of the unlawful possession of ammunition in contravention of section 36 read with section 39(1)(h) of the ARMS AND AMMUNITION ACT No 75 of 1969.
MAIN CHARGE : TERRORISM
THAT the accused are guilty of TERRORISM in contravention of Section 54(1) of Act No 74 of 1982;
In that during the period July 1988 to July 1990 and at Durban, Kwa Mashu, Umlazi. La Lucia, Tongeat., Sydenham. Avoca, Reservoir Hills, Greenwood Park. Kenville and Chatsworth, in the Province of Natal,
Soshanguwe, Yeoville, Parkhurst, Berea, Parktown. Lyttelton, Melrose North and Johannesburg in the Province of Transvaal and also at other places within the Republic of South Africa and elsewhere, the accused unlawfully and with intent to overthrow or endanger the. State authority in the Republic:
(1) performed acts which were aimed at causing, bringing about, promoting or contributing towards acts or threats of violence, or alternatively, attempted or took steps to perform such acts; and/or
(2) conspired each with the other and with other persons to bring about or perform such acts or to aid in the bringing about or performance thereof; and/or
(3) incited, instigated. commanded, aided, advised. encouraged or procured other persons t.n bring about: or perform such acts.
To wit,
the accused acting in concert and in the furtherance of a common purpose and conspiring each with the other and also with inter alia Joseph (Joe) SLOVO. Ronald (Ronnie) KASRILS. Susan Jeanette GRABEK, Moe SHAIK; Mbuso SHABALALA, Robert DOUGLAS.. Helen DOUGLAS. Jeremy SEEBERS, Lein DOURLEIJN, Yaj CHETTY. Martin KRABS. Jacques FRANQUIN. Christiane RAMSEYER. Yashica MALILAL, Janet LOVE. Rajen PILLAY,
and inter alia with persons who are known to the Prosecutor only by the code-names JABU (also known as ANDY). FRANCIS. MILES, REYNOLD, JOHN (also known as CHARLES and also known as KEN:) CHRISTOPHER, CLARE, CM. BRICKS (also known as DON and also known as NORA). F. HANS, JACK, JACKIE, JOE, KATE, KEVIN. PETER, MICHAEL, HOLLY, SAM. SALLY, SHIREEN. FEROZ, PETE. SUZANNE and with other persons whose identity is to the Prosecutor unknown,
with the intention and common purpose of bringing about the creation of a national underground network the task of which was fully intended to be the recruitment, training, arming and leading of a "people's army" or "revolutionary army" and the employment of such army to seize power from the government of the Republic by means of an armed insurrection, (the creation and preparation for its intended purpose of which underground network was code-named "VULA" and is hereinafter referred to as "the project" did unlawfully:
(a). arrange for the transfer of large amounts of money from outside the Republic (as particularized in ANNEXURE 'A hereto) to finance the activities involved in the project:
(b). infiltrate the Republic for the purpose of actively participating in the project (in the case of accused numbers 1. 2. 3. 4 and 9)
(c). assist in (or attempt to arrange) the infiltration of other persons who were to participate in the project including those who are listed in ANNEXURE 'B hereto;
(d). rent or buy so-called "safe houses" which could be used for the accommodation of persons participating in the project. For the storage of arms and explosives and to serve as secret bases where the activities of the project could be executed (which safe-houses are listed in ANNEXURE 'C' hereto);
(e). set up a communications network by means of which the accused and their co-conspirators could communicate each with the other in code and procure and possess equipment necessary to make such communications including computers, modems, tape-recorders. key-tone pads;
(f). procure and possess equipment by means of which communications in invisible writing could be created and read;
(g). cause the petrol tanks of motor cars to be modified so as to facilitate the clandestine transportation of arms, explosives, ammunition and equipment;
(h). possess petrol tanks modified in the manner described in (g) above;
(i). procure and possess motor cars with which such petrol tanks as described in (g) above could be used or which could be used generally in the furtherance of the project (including those vehicles listed in ANNEXURE 'D' hereto);
(j). arrange for the smuggling into the Republic and so smuggle into the Republic quantities of arms, ammunition and explosives (including in those instances set out in ANNEXURE 'E' hereto) and store such items at various places inside the Republic;
(k). procure and possess equipment and material for the production of propaganda.
(l). recruit persons for instruction and training both within and outside the Republic and arrange for the provision of such training;
(m). provide training to persons inside the Republic in the art of warfare and in other subjects considered useful in the furtherance of the project,
(n). approach foreign powers in order to procure from them assistance in the form of the provision of training. information and explosives and other armaments:
(o). assemble and keep intelligence data on matters such as:
(i). the location of strategic targets such as fuel storage depots, police stations, army unit headquarters:
(ii). the personal particulars, names, addresses and telephone numbers of members of the police force;
(p). assemble and keep notes for purposes of training others and for purposes of reference on such topics as those listed in ANNEXURE 'F' hereto;
(q). attempt to recruit members of the police, armed forces and intelligence service for the purpose of gathering intelligence and the undermining of security operations carried out by the police, armed forces and intelligence service;
(r). attempt to arrange the enlistment of persons favourably disposed towards the project into the police, armed forces and intelligence service for the same purpose described in (q) above:
(s). procure and possess arms, ammunition, explosives and equipment and material for the manufacture of timing devices for use with explosive devices, and for the remote detonation of explosive devices by means of radio signals;
(t). recruit various persons and form them into units including - Regional Political Committees (RPC's), Zonal Political Committees (ZPC's), Area Political Committees (APC's;), Combat Work Committees (CWC's) and Combat Units with the intention that these units would form part of the underground network being created;
and each of the accused individually by their conduct actively associated themselves with the efforts to achieve the common purpose by performing inter alia the acts particularized in ANNEXURES 'G ' to '0' annexed hereto.
ALTERNATIVE CHARGES IN RESPECT OF ACCUSED NUMBER 1
ALTERNATIVE COUNT 1 (Unlawful possession of machine guns, machine rifles. grenades and explosive devices) :
THAT accused number 1 is guilty of contravening section 32(1) of the ARMS AND AMMUNITION ACT, No 75 of 1969 read with section 39(1) (h) of the said Act;
IN THAT upon or about 12 July 1990 and at the places specified below which are in the district of Durban the accused unlawfully had in his possession machine guns, machine rifles, grenades and explosive devices:
TO WIT, accused number 1 had in his possession the following items:
-. At a place known as "The Knoll" in Kenville :
. 1 Stechkin machine gun with serial number 1226
. 1 AKM Machine rifle with serial number 476511
. 1 Scorpion submachine gun with serial number 18770
. 3 158 Mini-limpet mines
. 2 SPM Limpet mines
. 1 Fl hand grenade
A quantity of accessories (for use with grenades, 156 mini-limpet mines and SPM Limpet mines) consisting of detonators, time-delay fuses, timing mechanisms. etc.
-. At a place known as 42 Avoca Road, Avoca :
. 2 Electronic timing devices
. 100 detonators
. 2 VZD detonators for use in limpet mines
-. in a secret compartment in motor vehicle ND268230
. 1 M3A1 submachine gun marked as follows:
. stamped underneath the frame :. "G . L . B . 7161923"
. stamped underneath the trigger
. guard : "B301456-4 BGR-GL"
. stamped on left side of frame : "Guide US No 693618"
. stamped on the ejector flap. "GLB7161922"
. engraved on the right side of frame .. "BA4 8-66"
ALTERNATIVE COUNT 2 (Unlawful possession of firearms):
THAT accused number 1 is guilty of contravening section 2 of the ARMS AND AMMUNITION ACT. No 75 of 1969 read with section 39(1)(h) of the said Act:
IN THAT upon or about 12 July 1990 and at or near the place known as 48 "The Knoll" Kenville in the district of Durban accused number 1 unlawfully possessed:
2 Makorov pistols with serial numbers FY0165 AND YP0141
ALTERNATIVE COUNT 3 (Unlawful possession of ammunition):
THAT accused number 1 is guilty of contravening section 36 of the ARMS AND AMMUNITION ACT. No 75 of 1969 read with section 39(1)(h) of the said Act.
IN THAT upon or about 12 July 1990 and at the places specified below which are in the district of Durban accused number 1 had in his possession the following quantities of ammunition while he was not lawfully in possession of an arm capable of firing such ammunition:
-. at a place known as 48 "The Knoll" in Kenville
. 182 rounds of 7, 6 2mm ammunition
. 152 rounds of 9mm ammunition
. 75 rounds of 7.65 ammunition
-. in a secret compartment in motor vehicle ND368230 :
. 77 rounds of .45 ACP ammunition
ALTERNATIVE CHARGE IN RESPECT OF ACCUSED NUMBERS 2, 3, 4 AND 5
THAT accused numbers 2, 3, 4 and 5 are guilty of contravening section 32(5)(a) of the ARMS AND AMMUNITION ACT No 75 of 1969;
IN THAT accused numbers 2, 3, 4 and 5, being persons who as at 12 July 1990 had knowledge or had reason to suspect that another person had in his possession machine guns, machine rifles, grenades and explosive devices and that such articles were as at 12 July 1990 on premises known as "THE KNOLL" in Kenville in the district of Durban, failed to report such fact or cause it to be reported to a policeman.
ALTERNATIVE CHARGES IN RESPECT OF ACCUSED NUMBER 6
ALTERNATIVE COUNT 1 (Unlawful possession of explosive devices) :
THAT accused number 6 is guilty of contravening section 32(1) of the ARMS AND AMMUNITION ALT. No 75 of 1969 read with section 39(1)(h) of the said Act;
IN THAT upon or about 12 July 1990 and at 205 Famina Court, Brickfield Road. Sydenham in the district of Durban the accused unlawfully had in his possession the following explosive devices :
-. a 156 mini limpet mine
-. a quantity of ordinary detonators
-. a quantity of electrical detonators
ALTERNATIVE COUNT 2 (unlawful possession of a firearm) :
THAT accused number 6 is guilty of contravening section 2 of the ARMS AND AMMUNITION ACT No 75 of 1969 read with section 39(1)(h) of the said Act:
IN THAT upon or about 12 July 1990 and at 205 Famina Court, Brickfield, Road. Sydenham in the district of Durban accused number 6 unlawfully possessed a Makorov pistol with serial number YF1592.
ALTERNATIVE COUNT 3 (Unlawful possession of ammunition) :
THAT accused number 6 is guilty of contravening section 30 of the ARMS AND AMMUNITION ACT, No 75 of 1969 read with section 39(1)(h) of the said Act:
IN THAT upon or about 12 July 1990 and at 205 Famina Court, Brickfield Road, Sydenham in the district of Durban accused number 6 had in his possession the following quantities of ammunition while he was not lawfully in possession of an arm capable of firing such ammunition:
-. 57 rounds of 7,62 ammunition
-. 128 rounds of 9mm ammunition
ALTERNATIVE CHARGE IN RESPECT OF ACCUSED NUMBER 7
THAT accused number 7 is guilty of contravening section 32(5)(3) of the ARMS AND AMMUNITION ACT No 75 of 1967;
IN THAT accused number 7, being a person who as at 12 July 1990 had knowledge or had reason to suspect that another person had in his possession a 158 mini limpet mine and a quantity of detonators (being explosive devices), and that such articles were as at 12 July 1990 on premises known as 205 Famina Court in the district of Durban, failed to report such fact or cause it to be reported to a policeman.
ALTERNATIVE CHARGE IN RESPECT OF ACCUSED NUMBER 9
ALTERNATIVE COUNT 1 (Unlawful possession of a firearm) :
THAT accused number 9 is guilty of contravening section 2 of the ARMS AND AMMUNITION ACT No 75 of 1969 read with section 39(1)(h) of the said Act:
IN THAT upon or about 25 July 1990 and at or near 38. 5th Avenue. Mayfair, Johannesburg in the province of Transvaal accused number 9 unlawfully possessed an ITHACA pistol of .45 calibre stamped as follows:
"United States Property No 34539073
M1911A1 U.S. Army'
ALTERNATIVE COUNT 2 : (Unlawful possession of ammunition)
THAT accused number 9 is guilty of contravening section 36 of the ARMS AND AMMUNITION ACT No 75 of 1969 read with section 39(1)(h) of the said Act:
IN THAT upon or about 25 July 1990 and at or near 38. 5th Avenue. Mayfair, Johannesburg in the province of Transvaal accused number 9 unlawfully possessed 13 rounds of .45 ACP ammunition while he was not lawfully in possession of' an arm capable of firing such ammunition.
ANNEXURE 'A'
ARRANGEMENTS FOR THE TRANSFER OF FUNDS FROM ABROAD
Records of communications between accused numbers 1. 8 and 9 and other persons involved in the project (which records had been saved an computer discs prior to 12 July 1990 and which discs were found (in each case) at least one of the houses listed in ANNEXURE 'C' refer to the following transfers or potential transfers of funds:
1.. 36470 pounds sterling received in April 1990 and converted into R163677.
2.. 49000 units of an unknown currency said "to be waiting for accused number 1" at the bank.
3.. 37000 pounds sterling in April 1990 said to be held in London and which accused number 9 was "hoping to exchange"
4.. 20000 units of an unknown currency in October 1989 said to be held by one, JOHN for accused number 1.
5.. 30000 pounds sterling in June 1990 said to be "coming through for the VULA OPERATION" and to be exchanged by accused number 9.
6.. 30000 pounds sterling held with one JOHN in London to be handed over for "PHILLIP 's OUTFIT" in June 1990.
7.. 50000 units of an unknown currency to be made available to accused number 1 in the following installments:
. 7.1.. 30000 units "in the next few days".
. 7.2.. 10000 units in November 1989.
. 7.3.. 10000 units in December 1989.
ANNEXURE 'B'
PERSONS INFILTRATED OR INTENDED TO BE INFILTRATED TO ASSIST IN THE PROJECT (OTHER THAN THE ACCUSED)
NAME OR CODE NAME | DATE OF INFILTRATION |
Martin KRABS | 9 January 1990 |
Christiane RAMSEYER | January 1990 |
Jacques FRANQUIN | January .1990 |
SUZANNE | Unknown |
Lein DOURLEIJN | February 1990 |
JABU (also known as ANDY) | January 1990 |
Francis | January 1990 |
2.. The infiltration of the following persons were planned for the dates shown and it is not known whether or not such infiltrations occurred:
NAME OR CODE NAME | PLANNED DATE OF INFILTRATION |
SOLLY | April 1990 |
KHUMALO | February 1990 |
The Flea | February 1990 |
DONALD | June 1990 |
LJ | January 1990 |
Three unknown persons (described only as "Internationalists) | Early 1990 |
An unknown person (described only as a welder) | January 1990 |
3.. CODE NAME
. JOHN
. PETE
ANNEXURE 'C'
SAFE HOUSES RENTED OR BOUGHT
48, The Knoll. Kenville, Durban
42 Avoca Road, Avoca, Durban
205 Famina Court, 305 Brickfield Road, Sydenham, Durban
70 Westview Road, Greenwood Park, Durban
4 Sahara Mansions, Brickfield Road, Sydenham, Durban
224 McClarty Road, Reservoir Hills, Durban
6 Venice Road, Westcliff. Chatsworth
26 Timavu Drive, La Lucia
M1409 KwaMashu
12 Picadilly Place, c/o Cavendish and Rocky Streets, Yeoville, Johannesburg
508 Vistaero, Mitchell Street, Berea, Johannesburg,
129, 12th Street, Parkhurst, Johannesburg
113 Don Pepe Building, Curnick Street, Melrose North, Johannesburg
40, 12th Street, Parktown, Johannesburg
398 Annet Drive, Reservoir Hills, Durban
ANNEXURE 'D'
VEHICLES
1.. The following vehicles were purchased and used in the project:
. 1.1.. A red Toyota Cressida, ND433493 registered falsely under the name of Richard O 'RIELLY.
. 1.2.. A green Toyota Cressida, ND268230 registered falsely under the name of Iyaloo NAIDOO.
. 1.3.. A silver Toyota Cressida. NPS26305 registered falsely under the name of Vernon BROWN.
. 1.4.. An olive-drab Opel Kadett., KVX639T registered falsely under the name of Janet KLEIN.
. 1.5.. A red Ford Laser, LHZ689T registered under the name of Susan GRABEK
2.. A Volkswagen Jetta (of which no further identifying details are known) was used in the project. How this vehicle came to be possessed by persons involved in the project is not known.
3.. Preparations were made to procure the following vehicles (or consideration was given to procuring them) and it is not known whether or not the vehicles were ultimately procured:
. 3.1. A 1986 or 1987 model BMW 318/320.
. 3.2.. A 1983 model Dihatsu Charade.
. 3.3.. A 1986 or 1987 model 2 litre Toyota Cressida.
. 3.4.. Another vehicle (of which no identifying details are known).
ANNEXURE 'E'
ARRANGEMENTS MADE FOR AND ACTUAL SMUGGLING
OF ARMS, AMMUNITION AND EXPLOSIVES INTO THE REPUBLIC
1.. In communications between accused number 1 (who was in contact with persons he was able to procure to collect the items) and persons outside the Republic (who were in contact with persons able to deliver the items in Botswana) the following dates were discussed for possible collections:
. 1.1. 8 to 30 January 1990.
. 1.2. 2nd week of September 1990.
. 1.3.. A date to be more precisely fixed shortly after 10 December 1989.
It is not known whether collections were made on the dates identified in para 1.1 and 1.2. above. The collection scheduled for the date in para 1.3. above was cancelled.
Accused number 1 requested in regard to the collection in para 1.2. above that the load should include PKM light machine guns, rocket propelled grenades and launchers, Strella ground-to-air missiles.
2.. Detailed contact arrangements were made (in communications between accused number 1 and the same person) for collections in Botswana on the following dates:
. 2.1. 23 September 1989.
. 2.2.. 30 September 1989.
. 2.3.. 11 November 1989.
. 2.4.. 18 November 1989.
2. 5.. 21 to 22 April 1990.
. 2.6. 26 to 29 April 1990.
. 2.7. 5 to 6 May 1990.
. 2.8. 23 to 24 June 1990.
Accused number 1 requested that "normal detonators" and "limpet mine detonators" be included in the load scheduled for 23 September 1989; and that electronic timing devices, radio controlled detonators, AK47 machine rifles with ammunition, explosives and pistols, be included in the loads scheduled for collection on the dates identified in Para 2.5.. 2.6. and 2.7. above.
The collection scheduled for 30 September 1989 could not be made because a fuel flow problem resulting from the use of a modified petrol tank prevented the completion of the trip to the collection point.
3.. Accused number 1 acknowledged receipt of the following items:
. 3.1. Resulting from the collection in para 2.1 above:
. 6 "concentrated charges"
. 2 "hollow charges"
. 18 "mini-limpet detonators"
. 18 "limpet detonators"
. 80 normal detonators
. 3.2. Resulting from the collection in pare 2.3 above:
. 2 "concentrated" charges
. 10 hand grenade detonators
. 28 200g blocks of TNT
. 17 fuses for SPM limpet mines
. 10 fuses for MPM limpet: mines
. 14 detonators for SPM limpet mines
. 13 detonators for MPM limpet mines
. 10 electric detonators
4. On 28 May 1990 the following list was recorded in a computer disc found under heading "6/5":
. 9 SPM limpet urines
. 10 hand grenades
. 2 AK47 machine rifles
. 181 "capsule" detonators
. 9 Fuses for SPM limpet mines
. 1 box of MD5M detonators
. 20 "mini" fuses
. 128 "mini" detonators
It is not known whether collections were actually made on the dates identified in paras 2.4, 2.5, 2.6, and 2.8. above, and if they were, what items were collected.
5.. On 28 May 1990 the following lists were recorded on the same computer disc:
. 5.1.. Under the heading "13/''5:
. 9 SPM
. 18 mini limpets
. 20 F1 hand grenades
. 9 SPM fuses
. 3 "MD5M det boxes"
. 10 mini-limpet fuses
. 5.2.. Under the heading' "20/5" :
. 10 SPM limpets
. 1 "box MD5M det"
ANNEXURE 'F'
TOPICS ON WHICH NOTES AND LITERATURE ASSEMBLED
AND KEPT FOR PURPOSES OF TRAINING AND REFERENCE
Theory of a revolutionary situation
Small arms
Secret Warfare
Explosives and Propellants
Sabotage
Insurrection
Demolitions
Setting of charges on cargo ships, truss bridges, other bridges, roads, pump-stations, airports, ships, pipelines, factories, oil refineries, railroads
Booby traps
Limpet mines
Kitchen-improvised fertilizer explosives
The Intelligence Community of the RSA
Organisation of planning an armed uprising in the city
Organisation of combat units inside cities
Basic tactics of underground combat forces
Important targets for capturing
Locks and lockpicking
Telephone tapping
Electronic surveillance and counter-surveillance
Military Combat Work
Secrecy
The home-manufacture of weapons and bombs
Grenades
The distribution of propaganda literature
Intelligence
Organising people
Guerilla warfare and people's war
Microphotography
Burying and caches
Secret writing
Ultra-violet torches and pens
Observation
Signalling
Radio-controlled detonators
The use of computers
Codes
Disguise
Car bombs
ANNEXURE 'G'
ACCUSED NUMBER 1 : Siphiwe Nyanda
1.. In approximately August 1988 accused Number 1 entered the Republic illegally for the specific purpose of participating in the implementation of the project.
2.. He proceeded to the Durban area and took up residence at 48 "The Knoll" Kenville.
3.. Accused number 1 saw to the setting up of a system of communications by which he and others involved in the project could communicate with each other and particularly between persons in Durban, Johannesburg and London. This system included the storage of messages sent and received on computer discs.
4.. Accused number 1 in concert with other persons outside the Republic arranged for the transporting into the country of items required to carry out the activities involved in furthering the project.. Accused number 1 on occasion personally met the couriers who were employed to bring such items into the country and took delivery of such items.
5.. Accused number 1 in concert with other persons outside the Republic arranged for the collection of quantities of arms and explosives from Botswana and their illegal importation into the Republic. In particular, accused number 1 informed such persons outside the Republic of dates on which these arms and explosives could be collected and furnished those collecting such items with details of arrangements by which contact could be made between the person collecting them and the person delivering them to the pick-up point in Botswana.
6.. Accused number 1 made arrangements for the storage of such arms, ammunition and explosives at places inside the Republic and controlled such stocks of arms. ammunition and explosives.
7. Accused number 1 in concert with other persons outside the Republic made arrangements for the infiltration into the Republic of persons who intended to assist in furthering the project.
8.. Accused number 1 made arrangements for the purchase and registration of vehicles for use in the project; in particular the vehicles identified in paras 1.1, 1.4, and 1.5 of ANNEXURE 'D'.
9.. Accused number 1, representing' that he was in fact one Joseph DANIELS, hired the premises at 42 Avoca Road. Avoca for use as a "safe house", a storage place, and a base for carrying out the activities involved in the project.
10.. Accused number 1 sent one "NORA" and accused number 4 to Cape Town with instructions to make contact with operatives resident there for the purpose of incorporating them into the project and setting up a communications link between them, accused number 1 and other persons in the communications network mentioned in para 3 above.
11.. Accused number 1 made arrangements for the training of other persons to be incorporated into the project, and for the sending of groups of persons to places outside the Republic for the purpose of training.
12.. Accused number 1 made arrangements with other persons both inside and outside the Republic for the receipt of funds to finance the activities of the project, and controlled such funds so received.
13.. Accused number 1 forwarded to accused number 9 reports compiled by other persons acting on his (accused number 1 's) instructions and relevant to the planning of activities involved in the project
14.. Accused number 1 possessed a variety of false identity documents and passports and accessories enabling him to disguise himself and take on the appearance he bore in the photographs contained in such false identity documents and passports.
15.. Accused number 1 mace arrangements for the obtaining of other false passports and identity documents for use by other persons involved in the project.
16.. Accused number I met on various occasions at Johannesburg and other places with KASRILS and accused number 9 - the three whom constituted a ' VULA HEAD COMMITTEE" - for the purpose of planning strategy and supervising the overall execution of the project.
17.. From October 1988 to July 1990 accused number 1 remained in constant communication with accused number 9, KASRILS, SLOVO, PETE, JOHN and other persons and sent messages to them and received messages from them regarding the operations carried out by the persons involved in the project, their infiltration, their movements, the collection and storage of arms and explosives and other general activities involved in the project.
18.. Accused number 1 determined what the financial needs of the project were and what the priorities were in respect of which type of weaponry should be obtained, and communicated to other persons requests for funds and weaponry based on such determinations.
ANNEXURE 'H'
ACCUSED NUMBER 2 : Raymond LALA
1.. In July 1990 accused number 2 entered the Republic illegally from Swaziland.
2.. The purpose for which he entered the Republic was jnter alia. to trace and locate various persons (some of whom had previously received military training outside the Republic) with a view to assessing their suitability for incorporation into the project, to inform them of the project, to provide them with money to fund their activities, and to assist with the incorporation into the project of those considered suitable; and also to assist with the incorporation into the project of other persons known to him who were yet to he infiltrated into the Republic at a later date.
3.. To assist him in carrying out such purpose accused number 2 brought with him into the Republic a false identity document, a false passport in the same name and a large sum of money.
4.. Accused number 2 also brought with him into the Republic a sketch map and written directions to enable the finding of a place in Soshanguwe near Pretoria in which the following items had been concealed:
-. 2 Stechkin machine guns
-. 10 Magazines each. with a complete load of ammunition for the above Stechkin machine guns
-. 24 CB241 electrical detonators
-. 24 MD5M detonators
-. 24 capsule detonators
-. 2 2,4kg blocks of TNT
-. 2 1.2kg blocks of TNT
-. 4 Fl hand grenades
-. 2 MPM mini-limpet mines
-. A quantity of 9mm ammunition
Various accessories for use with the above.
5.. Having crossed the border from Swaziland into the Republic. accused number 2 made contact with persons who had been despatched to a pre-arranged meeting place by accused number 1 for the purpose of meeting him and transporting him to Durban.
6.. From the meeting place mentioned in para 5 above, accused number 2 proceeded to the house known as 48 "The Knoll" in Kenville (a so-called safe-house" hired by accused number 5) where he took up residence.
7.. At "The Knoll" accused number 2 made contact with accused number 1 and received from him a briefing in regard to the state of the project and his (accused number 2's) role in the furtherance of it.
ANNEXURE 'I'
ACCUSED NO. 3 : Catherine MVELASE
1.. In May 1989 accused number 3 entered the Republic illegally from Swaziland with the intention of making contact with other persons involved in the project.
2.. She proceeded to the Durban area where she made contact with accused number 1 and took up residence initially at. 42 Avoca Road, Avoca, later moving to 48 "The Knoll", Kenville.
3.. On the instructions of accused number 1, accused number 3 trained a number of persons in various aspects of so-called "combat work" and "secret work".
4.. Accused number 3 prepared written lecture notes on subjects in which it was intended to train other persons who were recruited for the project. Such written notes included the following:
. THEORY OF A REVOLUTIONARY SITUATION
. GUERRILLA TACTICS.
5.. Accused number 3 made an assessment of conditions in Kwa Mashu and wrote a report on her findings to accused number 1. This study was conducted with a view to assessing the prospects of establishing an "AREA POLITICAL - COMMITTEE" (A P C) in Kwa Mashu which would report to the DURBAN POLITICAL COMMITTEE (D P C) and which would be used to further the activities of the project in Kwa Mashu.
6.. Accused number 3 prepared herself for holding a post in the Kwa Mashu A P C after it was decided by accused numbers 1 and 9 that she would be deployed there.
7. Accused number 3 assisted in the planning of the training programme that would be followed by persons recruited to undergo training and set out in writing the topics that would be covered in such training including :
. The politics of armed struggle
. Basic use of weapons
. "Behaviour under fire"
. Secrecy
. pecialized training for combat groups, defence groups and reaction units
. Recconaisance and intelligence gathering
. The concealment of ordnance
. Physical training
ANNEXURE 'J'
ACCUSED NUMBER 4 : Susanna TSHABALALA
1.. During January 1990 accused number 4 entered the Republic from Botswana under a false name for the purpose of assisting in the project.
2.. She travelled to the Durban area where she made contact with accused number 1 and took up residence at 42 Avoca Road, Avoca.
3.. She assisted accused number 1 and others in the sending and receiving of communications between accused number 1 and other persons involved in the project, and in the processing and storage of records on computer discs.
4.. She accompanied a person known only as NORA on a trip to Cape Town on the instructions of accused number 1. The purpose of the trip was for NORA to make contact with a person known to be resident in Cape Torn and who would actively participate in the project. The purpose of accused number 4 's accompanying NORA was to assist the person in Cape Town to set up a communications link between him and accused number 1 and other persons who were involved in the project.
ANNEXURE 'K'
ACCUSED NUMBER 5 : Dipak PATEL
1.. Accused number 5 rented the house known as 48 "The Knoll" in order that it could be used for the activities of the project.
2.. Accused number 5 assisted in furnishing 48 "The Knoll".
3.. On various occasions accused number 5 hired vehicles from car rental firms for the purpose of meeting persons (who were infiltrating the Republic to assist in the project) at a pre-arranged rendezvous. In particular, at the beginning of February 1990 he hired a vehicle and using such vehicle fetched two persons known as ANDY and FRANCIS from a point near the Swaziland border; and in July 1990 similarly fetched accused number 2 from a point near the Swaziland border.
4.. Accused number 5 possessed material which was used by the persons involved in the project for the purposes of the production of propaganda literature.
5.. Accused number 5 during the period referred to in the charge regularly attended meetings held at 48 "The Knoll".
ANNEXURE 'L'
ACCUSED NUMBER 6 : Pravin GORDHAN
1.. Accused number 6 rented a flat, 205 Sahara Mansions. Brickfield Road, Sydenham at the end of 1989 in order that it may be used for the activities of the project.
2.. After the premises at. 6 Venice Road were discovered by the authorities, a security committee was created to promote the interests of the security and non-detection of the project, its activities and the persons involved in it. Accused number 6 served on this committee together with accused number 1 and accused number 8.
3.. On 18 May 1990 when a car which had been despatched from Durban for the purpose of fetching armaments from Botswana was involved in an accident at Mooiriver, accused number 6 made enquiries directed to establishing whether the police members attending the accident had ascertained anything that might indicate the purpose for which the car had been used and its involvement in activities of the project. Accused number 6 then reported to accused number 1 on the matter.
4.. Accused number 6 furnished reports to the "VULA HEAD COMMITTEE" on the functioning of the D P C, the C W C's (COMBAT WORK COMMITTEES) and ZPCs (ZONAL POLITICAL COMMITTEES ), being structures within the underground network which had thus been established.
5.. Accused number 6 conveyed R5000 in cash from accused number 9 in Johannesburg to accused number 1 in Durban. The said money was intended to be used for expenses involved in one trip from Durban to Botswana and back undertaken for the purpose of collecting armaments.
6.. Accused number 6 travelled to Johannesburg under a false name where he met with accused number 9 and KASRILS in order to discuss with them matters relating to the project.
7.. Accused number 6 made arrangements for a car and driver to be procured for the purpose of affecting a collection of armaments from Botswana on a weekend in May 1990.
ANNEXURE 'M'
ACCUSED NUMBER 7 : Amnesh Munnessar SANKAR
1.. Accused number 7 possessed a key to the flat 205 Famina Court, Brickfield Road, Sydenham.
2.. Accused number 7 frequently met with accused number 6 at flat. 205 Famina Court.
3.. Accused number 7 caused copies to be made of data saved on computer disc and consisting of material on underground defence committees and intended to be used for the training of persons to be incorporated into the underground network being set up, and caused such documents to be provided to one. ANDY, who was himself engaged in training people in townships.
ANNEXURE 'N'
ACCUSED NUMBER 8 : Billy NAIR
1.. Throughout the period January 1989 to July 1990 accused number 8 was in constant communication with persons involved in the project and in particular with accused number 1 and 9 and also KASRILS.
2.. On occasion accused number 8 also met with the VULA HEAD COMMITTEE.
3.. Accused number 8 served on the security committee referred to in para 2 of ANNEXURE 'L ' .
4.. Accused number 8 studied plans set out in a document entitled "HOW TO BUILD THE UNDERGROUND" in order to give his opinion on them and contribute suggestions.
5.. Accused number 8 met with KASRILS, accused number 9 and accused number 6 in order to plan strategy regarding the best way to build the underground.
6.. Accused number 8 visited 48 "The Knoll" for the purpose of meeting with persons involved in the project and furthering the project.
7.. Accused number 8 in July 1990 conveyed money (to the approximate value of 60000 pounds (Sterling) from accused number 9 in Johannesburg to persons in Durban. which money was intended to finance the activities involved in the project, and on other occasions transported amounts of cash from Johannesburg to Durban for the purpose of the project.
8.. Accused number 8 obtained from persons who had connections with Cuba various formulae for the manufacture of explosives.
ANNEXURE 'O'
ACCUSED NUMBER 8 : Sathyndranath MAHARAJ
1.. Accused number 9 served on the VULA HEAD COMMITTEE and was in overall command of the project.
2.. He was in regular communication with accused numbers 1 and 8, SLOVO, KASRILS and others.
3.. He required accused number 1 to report to him on the amounts of armaments stockpiled.
4.. He arranged for the forwarding of funds to accused number 1 for use in the project.
5. He undertook a trip to Cape-Town to oversee the implementation of the project in that region.
6.. In June 1990 he travelled to the. USSR under a false name at the same time as KASRILS also travelled there under a false name in order to conduct business there in furtherance of the project.
7.. He assisted with arrangements for the infiltration of persons intended to be used in the project, and in particular supplied accused number 1 in certain cases with details of names, meeting places and times to facilitate accused number 1's making contact with such persons after their entry.
8.. He received a report on a group of persons who had undergone training in the USSR and whom it was intended to use in the furtherance of the project.
9.. He received from accused number 1 two pistols and a revolver.
901669/21