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This resource is hosted by the Nelson Mandela Centre of Memory, 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 It is the product of almost two decades of research and includes analyses, chronologies, historical documents, and interviews from the apartheid and post-apartheid eras.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

___________________________________________________

CHARGE

___________________________________________________

ALTERNATIVELY

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.

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.

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.

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.

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:

(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;

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:

     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

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

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

     1.1.     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

     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.

     2.1     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.

     3.1     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

     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.

     5.1.     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

ANNEXURE 'H'

ACCUSED NUMBER 2 : Raymond LALA

-     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.

ANNEXURE 'I'

ACCUSED NO. 3 : Catherine MVELASE

     THEORY OF A REVOLUTIONARY SITUATION

     GUERRILLA TACTICS.

     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

ANNEXURE 'K'

ACCUSED NUMBER 5 : Dipak PATEL

ANNEXURE 'L'

ACCUSED NUMBER 6 : Pravin GORDHAN

ANNEXURE 'M'

ACCUSED NUMBER 7 : Amnesh Munnessar SANKAR

ANNEXURE 'N'

ACCUSED NUMBER 8 : Billy NAIR

ANNEXURE 'O'

ACCUSED NUMBER 8 : Sathyndranath MAHARAJ

901669/21

This resource is hosted by the Nelson Mandela Centre of Memory, but was compiled and authored by Padraig O’Malley. Return to the Nelson Mandela Centre of Memory site.