The Trial 1977 - 1978
Mahlangu and Motloung were brutally abused while in police custody. The police detained them under the 90-day Detention Law giving the state time to fabricate a case against the pair. Before the trial could commence Motloung was so badly beaten that he sustained severe brain damage. Clinical psychologist Annah Venter declared Motloung unfit to stand trial.
Still from SAPS film of Solomon Mahlangu being escorted by policeman from the courtroom, 1978. Source: South African National Repository
Solomon’s mother and brother – not knowing what was happening – were taken to see him. Solomon and his mother stood in silence looking at each other, and eventually Solomon asked his mother how the family was doing, she answered that they were all right, but after another period of silence she broke into a flood of tears. Solomon then asked his mother; ‘Why are you crying in front of these dogs… I don’t care what they do to me. And if they spill my blood, maybe it will give birth to other Solomons.’
Mahlangu’s trial started on 7 November 1977 and ended on 1 March 1978. Martha Mahlangu and her children sought the legal expertise of Advocate Ismail Ayob & Partners to defend her son. The defence team included Ismail Mohammed, Clifford Mailer and Priscilla Jana. Mahlangu was charged with two counts of murder, two of attempted murder and several charges of sabotage under the Terrorism Act. He pleaded not guilty to all charges. Although Motloung was the one who fired the shots that killed the two civilians and wounded two others, the Prosecution argued that under the law of Common Purpose, Mahlangu shared intent with Motloung and George ‘Lucky’ Mahlangu, making him guilty of murder whether or not he pulled the trigger.
Man identifies Mondy Motloung in a line-up at Middleburg Police Station. Source: South African National Archive
The Common Purpose law argues that all parties together committing a crime should face the same consequences regardless of whether they carried out the same acts or knew of each other’s intent.
For the acts that Mahlangu had in fact committed, he should have received a maximum of five years’ imprisonment. The State demanded the death penalty and the prosecution got its way when he was sentenced to death by hanging on 2 March 1978. On 15 June 1978 the Rand Supreme Court refused Mahlangu leave to appeal his sentence, and on 24 July 1978 the Bloemfontein Appeal Court again turned him down. Mahlangu awaited his execution in Pretoria Central Prison.
