ExecutedToday.com

On this date in 1986, African National Congress cadre Andrew Sibusiso Zondo was hanged in Pretoria nine months after bombing a shopping center near Durban, with five white fatalities.

Zondo claimed he had intended to non-fatally target the South African Airways office at Amanzimtoti’s Sanlam Centre, but couldn’t find a functioning, available telephone in time to phone in his attempted bomb warning. Did we mention that he was 19?

Zondo, it turned out, had been radicalized by South African security forces’ indiscriminate violence against claimed ANC “strongholds” — and specifically by a still-infamous attack, the “Matola raids,” on neighboring Mozambique.

The apartheid regime wasn’t out to win hearts and minds. And it didn’t.

[T]here have never been any ANC bases or camps in Mozambique. There are residences … and if the qualification to make a home a base is only that the people in it can use a gun, then let us be told now: because every white man in South Africa can use a gun and there are weapons in every white household. Are these bases too? (ANC Acting President Oliver Tambo)

The bomb (actually a mine) was planted three days after a South African raid on Lesotho. One of Zondo’s accomplices later turned state’s evidence in exchange for immunity.

Both the ANC, which had an official policy of avoiding civilian casualties, and Zondo himself portrayed the affair as a regrettable rogue operation carried out unofficially by an understandably frustrated cadre.

It was not the last word in the bloody tit-for-tat

Two other persons suspected of being involved in the Amanzimtoti blast, Mr Phumezo Nxiweni and Mr Stanley Sipho Bhila, were [extrajudicially] executed by Security Branch members after they were acquitted in court … At Andrew Zondo’s memorial service, his brother was so severely assaulted that he developed epilepsy, which subsequently killed him. Two mourners were shot dead leaving his parents’ home after the memorial service. Lembede, one of the security policemen involved in the killing of Zondo’s alleged accomplice, was himself later killed, allegedly by members of MK.

Hanged along with Zondo were two unrelated ANC cadres, plus three unrelated common criminals.

I have no information about the criminals, but the other revolutionaries to swing were Clarence Lucky Payi and Sipho Brigitte Xulu (or Sipho Bridget Xulu — but a guy, by either name).

Payi and Xulu assassinated another ANC agent, Benjamin Langa, the brother of present-day South African Chief Jutsice Pius Langa.

South Africa’s post-apartheid Truth and Reconciliation Commission has officially attributed the murder to a false flag operation conducted by Pretoria — whereby a mole in the ANC ordered the killing and, with its perpetrators’ subsequent execution, achieved for the white government “a triple murder … without firing a single shot themselves.”

A murky affair by any standard, and one that may not be entirely buried. There’s been some attempt (hotly disputed) to establish a sinister (if vague) alternate hypothesis linking current South African President Jacob Zuma himself to the Langa murder.

Also On This Date

• 1990: Samuel K. Doe

On this date in 1962, Marthinus Rossouw was hanged in Pretoria after an unusual defense strategy failed to repel a headline-grabbing murder charge.

Rossouw shot dead Baron Dieterich Joachim Gunther von Schauroth, a rich farmer (dude was born in a castle) who had been forced into city living by a long run of drought and was known for the life expectancy-compromising habit of toting around large sums of cash.

Rossouw insisted at trial that the killing had been at Von Schauroth’s own instigation, so freighted with care was the victim’s life that he implored his younger friend to end it. The defendant hoped thereby to mitigate the sentence as a case of murder by consent.*

Whether telling the truth or not, Rossouw didn’t make a very credible witness; caught in several lies and omissions, and naturally lacking any corroborating witness to the alleged murder pact, the jury gave him no slack.

Neither did the noose.

* The proper legal handling of a case where the victim of a homicide has freely desired to die is a longstanding salami-slicing juridical problem — witness a whole chapter in an 1897 British primer on consent issues in the law.

Also On This Date

• 1864: William Johnson, a bad example

(Thanks to Richard Clark of Capital Punishment U.K. for the guest post, a reprint of an article originally published on that site. The images accompanying this post are also provided by Mr. Clark. -ed.)

Sandra Smith was the last woman to be hanged in South Africa (with her boyfriend Yassiem Harris).

Background.

Sandra Smith was a 22-year-old coloured woman (official South African designation during the apartheid era) who was married to a trawlerman called Philip and had two small children. Philip spent long periods at sea and sent money back for Sandra and the children. She began having an affair with Yassiem Harris, who was 3 years her junior, in the autumn of 1983 and soon they were deeply in love. Harris had been involved in crime since the age of 13 and had convictions for theft and fraud and was also a drug user. Philip found out about the affair from his neighbours and in March of 1986, he finally threw Sandra out. She and Harris now began living together in a rented apartment but soon the money that Philip used to give her ran out and their finances became tight.

The crime.

To make ends meet, they tried renting video recorders from shops and then selling them but this didn’t net them any real money. Harris, who was unemployed, also spent time hanging about outside a girl’s school and got to know some of the girls, including Jermaine Abrahams. He soon found out where she lived and from his conversations with Jermaine, he concluded that her family were quite wealthy.

They hatched a plan to break into the Abrahams’ family home and steal her mother’s jewelry and anything else of value. Harris had also found out that her parents left for work at 7.00 a.m. in the morning and she left for school about 7.40 a.m.

The victim, Jermaine Abrahams.

Smith and Harris arrived at the house about 7.30 a.m. on September the 1st, 1986, and Harris was let in by Jermaine on the pretext of him wanting to use the telephone. They tied Jermaine up but were disturbed by someone knocking at the door. She started to shout for help and struggle so they then tried to strangle her with a dish cloth. Harris now fetched a knife from the kitchen and repeatedly stabbed Jermaine in the neck. Amazingly, she didn’t die from her injuries and managed to get to her feet and stagger a few paces before collapsing. Harris carried Jermaine to her parents bedroom and made her show him where the jewelry and valuables were kept. He wrapped the poor girl in a duvet and then cut her throat, leaving her to bleed to death. He and Smith collected up what they wanted and then left the house.

Two weeks later, while Smith was being questioned by the police regarding the video scam, she surprised the interviewing officer by confessing to the killing of Jermaine. “I wouldn’t have been able to live with it,” she said. In her statement she told the police, “He pulled the scarf tight across her mouth and then cut her throat.”

On the 15th of September 1986, Sandra Smith was formally charged with the murder and 5 days later Harris was arrested and also charged with it.

Trial.

At their committal hearing at the Mitchell’s Plain Magistrates’ Court on the 23rd of September, they pleaded guilty to murder, alternatively to culpable homicide, and to stealing R2,000 worth of jewelry.

They were tried together at the Cape Town Supreme Court on December the 1st, 1986, before Mr. Justice Munnik, the Judge-President of the Cape Court, and two assessors. South Africa did not use the jury system, although its court proceedings were based upon British law, but instead a system of a judge and assessors. Both were represented by counsel and both attempted to shift the blame on to the other. Smith maintained that Harris had done the actual killing and Harris claimed to have been dominated by Smith, although they both admitted being present during the murder.

Sandra Smith was embarrassed by the revelations of her sex life with Harris in court and seemed at times more concerned with these than the fact that she was on trial for her life.

Having heard all the evidence, Mr. Justice Munnik gave a full reasoned judgement in which he described Harris as “an appalling witness.” He said it was clear that it was Harris who had stabbed the girl and slit her throat to prevent her identifying them. He also rejected Harris’ defence claim that he been dominated by Smith which had been refuted by the psychiatrist giving evidence for the prosecution. He accepted that Smith was demanding but not dominant, and there was no evidence to indicate that she forced Harris to kill Jermaine, nor that she had done anything to prevent the murder. He thus concluded that they were both equally responsible for the crime under the doctrine of “common purpose.” Thus on the 11th of December 1986, they were both formally convicted of the murder of Jermaine Abrahams and with robbery with aggravating circumstances and remanded for sentence.

Eleven days later they were brought back to the court and received the mandatory sentence for murder — that they be hanged by the neck until they were dead. Additionally, Harris received a 10-year prison sentence for robbery and Smith was given seven years for it. Sandra Smith became hysterical when she was sentenced to death and had to be taken struggling and screaming to the cells.

They were transferred to the country’s only death row, at Pretoria Central Prison, a modern facility on the outskirts of the capital where all South African executions were carried out. Their appeals were turned down and the review of the trial transcripts to determine whether to recommend that the state president grant clemency carried out by the Ministry of Justice failed to find any mitigating circumstances. As clemency was not forthcoming, their execution date was set for the 2nd of June 1989. Apparently, only around one in 50 people convicted of homicide were actually hanged at this time, the majority serving a prison sentence.

Execution.

At 6.50 a.m. on that morning, Smith was taken to meet Harris for the first time in over two and a half years. Together with two other men who had been convicted of murder, they were led the 52 steps to the pre-execution room next to the gallows. The death warrants were read to them and they were given the opportunity to say their last words. Their hands were handcuffed behind them and white hoods placed over their heads, these having a flap at the front which was left up until the last moment.

They were now led forward by warders into the large and brightly lit execution room. It was some 40 feet long with white painted walls. They would have seen the gallows beam running the length of the room and the 7 large metal eyes from which the four nooses dangled. (Seven prisoners could and often were hanged at once on this gallows.) The picture shows very much what Smith and Harris would have seen as they were led to the gallows. The chain hoist on the middle metal eye is used for raising the trapdoors after an execution.

They were positioned side by side, on painted footprints over the divide of the trap and held by warders while the hangman placed the nooses around their necks. He then turned down the hood flaps and when all was ready, pulled the lever plummeting them through the huge trapdoors.

They were left to hang for 15 minutes before being stripped and examined by a doctor in the room below. Once death had been certified, the bodies were washed off with a hose and the water allowed to drain into a large gully in the floor. A warder put a rope around each of their bodies and with a pulley lifted them to allow the rope to be taken off. They were then lowered onto a stretcher and placed directly into their coffins before taken to a public cemetery for burial.

Although executions in South Africa were held in private, the procedure was described in detail by the then hangman, Chris Barnard, in an interview before he died. He officiated at over 1,500 hangings there.

South Africa hanged 1,123 people at Pretoria Central prison between 1980 and 1989, Solomon Ngobeni being the last on November 14th, 1989. Surprisingly perhaps, almost all of these were for “ordinary” murders rather than politically motivated crimes and most attracted very little publicity.

According to the South African Department of Correctional Services, two other coloured women were hanged for murder in the years 1969 to 1989, Gertie Fourie, on the 20th of May 1969 and Roos de Vos, on the 12th of December 1986. A total of 14 women were executed between 1959 & 1989, out of a total of 2,949 hangings.

President De Klerk ordered a moratorium on executions in 1990 and capital punishment was abolished altogether by the incoming black government of Nelson Mandela on the 7th of June 1995.

Comment.

We cannot know why Smith and Harris went to the Abrahams’ home while they knew Jermaine would still be there or whether they had actually formed any intention to kill her. Neither of them had any record of violence prior to the murder. My guess is that they panicked when she started to call for help from the person who knocked on the door and they tried to silence her. However, it seems hard to believe that Harris really thought she wouldn’t identify him to the police as soon as they had left and he may well have decided to kill her for this reason. It is claimed that Smith wanted Jermaine dead as she was jealous of her having some sort of relationship with Harris. In any event, Jermaine suffered a horrible and agonising death at their hands.

We cannot know, either, which one of them did the actual killing or whether they both took equal part in it. But there was clear “common purpose” established under law, and there were no obvious mitigating circumstances to allow the state to reduce the sentence on either of them. South Africa had the highest rate of judicial execution in the world during the 80’s so they would surely have known the penalty for murder but like so many people, gave no thought to it until it was too late.

Sadly, it is so typical of the kind of brutal and senseless murder that happens all too frequently and one that led to cruel deaths for three young people.

Also On This Date

• 1966: Evariste Kimba and three other "plotters" against Mobutu

On this date in 1903, Irish MP Arthur Alfred Lynch waited 26 minutes for a jury to convict him, then heard the sentence of a British court for having fought against the British Empire in the Boer War.

[T]he jury have found you guilty of the crime of high treason, a crime happily so rare that in the present day a trial for treason seems to be almost an anachronism — a thing of the past. There can be no doubt that in times gone by there was great abuse, and many persons were indicted, convicted, and punished for matters which would not now be thought worthy of serious or, perhaps, any notice. There has been a kind of national reaction by which many persons have been disposed to treat serious crimes against the State as if the name of treason, and as if the thing, no longer existed. One moment of reflection will show you how erroneous is such a conception …

Yes, even if the black cap gave away the ending, the judge was going to take his time getting to it.

The misdeeds which have been done in this case, and which have brought you to the lamentable pass in which you stand, must surely convince the most sceptical and apathetic of the gravity and reality of the crime. What was your action in the darkest hour of your country’s fortunes, when she was engaged in the deadly struggle from which she has just emerged? You joined the ranks of your country’s foes. Born in Australia, a land which has nobly shown its devotion to its parent country, you have indeed taken a different course from that which was adopted by her sons. You have fought against your country, not with it. You have sought, as far as you could, to dethrone Great Britain from her place among the nations, to make her name a byword and a reproach, a synonym for weakness and irresolution. …

Even allowing that this sentence was pronounced before either of the coming century’s world wars, calling the Boer War to conquer South Africa for the crown England’s “darkest hour” only underscores how very long Britannia had stayed in the sun. Were the early shadows of empire’s twilight visible from here … or was it just standard issue judicial showboating?

[Y]ou thought it safe, no doubt, to lift the parricidal hand against your country. You thought she would shrink from the costly struggle wearied out by her gigantic efforts, and that, at the worst, a general peace would be made which would comprehend a general amnesty and cover up such acts as yours and save you from personal peril. You misjudged your country and failed to appreciate that though slow to enter into a quarrel, however slow to take up arms, it has yet been her wont that in the quarrel she shall bear herself so that the opposer may beware of her, and that she is seldom so dangerous to her enemies as when the hour of national calamity has raised the dormant energies of her people — knit together every nerve and fibre of the body politic and has made her sons determined to do all, to bear all, to sacrifice all on behalf of the country that gave them birth.

…

The only — I will not say excuse, but palliation that I can find for conduct like yours is that it has been for some years past the fashion to treat lightly matters of this kind, so that men have been perhaps encouraged to play with sedition and to toy with treason, wrapt in a certain proud consciousness of strength begotten of the deep-seated and well-founded conviction that the loyalty of her people is supreme, and true authority in this country has slumbered or has treated with contemptuous indifference speeches and acts of sedition.

There’s some relish here, the kind you’d hear if Antonin Scalia had an opportunity to pass sentence on Cynthia McKinney.

This ponderous bombast was the culmination of a highly-anticipated, highly-publicized trial of a man who had returned to London and arrest as an elected Irish parliamentarian after upholding the Boer cause in print throughout Europe, and enrolling an Irish unit in the fight.*

Col. Lynch’s Irish Brigade, from this South African military history page.

Incidentally, this is the same judge who sentenced Oscar Wilde for the love that dare not speak its name, intoning on that occasion that “people who can do these things must be dead to all senses of shame, and one cannot hope to produce any effect upon them.” (Mr. Justice Wills’ update of his father’s classic treatise on circumstantial evidence is available from Google books, as is Wanderings Among the High Alps, which he wrote in his capacity as mountaineering hobbyist.)

But had you and those with whom you associated yourself succeeded, what fatal mischief might have been done to … that inheritance of power which it must be our work to use nobly and for good things; an inheritance of influence which will be of little effect even for good unless backed by power, and of duty which cannot be effectually performed if our power be shattered and our influence impaired. He who has attempted to do his country such irreparable wrong must be prepared to submit to the sentence which it is now my duty to pronounce upon you … that you be taken hence to the place from which you came and from thence to a place of execution there to be hanged by the neck until you are dead.

For all this sound and fury, one would hardly know that it was generally and publicly understood the sentence would be swiftly commuted — as it was, a few days later.

Arthur Lynch received a free pardon in 1907, and in 1909 was returned to parliament as an Irish nationalist delegate to resume his remarkable career as writer, physician, engineer and all-around polymath.

* Lynch’s part in the war is included in The Boer Fight for Freedom, another century-old tome in the public domain and available on Google Books.

Also On This Date

• 1945: Nikolaus Gross, Catholic anti-Nazi labor activist

This date at dawn in 1983, three African National Congress cadres were hanged — together with two unrelated common criminals — for attacks on apartheid-era South African police stations.

“Terrorists” in the eyes of the white government and “freedom fighters” in the eyes of many blacks, the “Moroka Three” — Simon Thelle Mogoerane, Jerry Mosololi and Marcus Motaung — bore arms against as part of the ANC’s military wing, Umkhonto we Sizwe (MK).

Their attacks in 1979 and 1981 had claimed the lives of four (black) policemen.

South African law until 1990 mandated hanging for a murder conviction without an extenuating circumstances — a “fact associated with the crime which serves in the mind of reasonable men to diminish morally, albeit not legally, the degree of the prisoner’s guilt.” The courtroom adjunct to MK’s guerrilla operations was establishing its position that its soldiers were prisoners of war under international law, and that that classification constituted an extenuating circumstance under South African law.

1977 protocols had extended the Geneva Conventions governing treatment of prisoners of war to explicitly cover anti-colonial and anti-racist insurgents. South Africa, unsurprisingly, did not ratify this amendment. The judge dismissed the argument that these protocols had acquired the binding force of customary international law — “we do not need to waste time.”

A decade or so later, in the waning years of apartheid, this sort of argument would find a toehold. But not in a defiantly “anti-terrorist” Pretoria of the early eighties.

The three were hanged in the face of worldwide appeals for clemency — such as this one from U.S. Congressmen and -women, and the pamphlet below by the British Anti-Apartheid Movement:

The executions likewise met outcry both domestic (South Africa banned public demonstrations) and international (like this U.N. resolution).

Also On This Date

• 1864: Doctor Edmond-Désiré Couty de la Pommerais, poisoner

On this date in 1902, two Australian officers were shot in virtual secrecy at Pretoria for atrocities they committed in service of the crown during the Second Boer War.

Harry “Breaker” Morant — he got the nickname from his aptitude with horses — was the famous one of the pair and the reason the date is so well-known to posterity as to merit its own cinematic treatment (review):

A colorful son of the Commonwealth’s hardscrabble strata, Breaker Morant led a life that has been improved into mythology, not least by his own efforts. Impoverished but educated, he migrated in 1883 from England to Australia where he carved out a larger-than-life profile as a bush poet, married the (subsequently) famous anthropologist Daisy Bates and eventually — fatefully — volunteered for service in South Africa.

The Second Boer War, Britain’s (ultimately successful) fight to corral the Dutch-descended Boer republics into the empire, started sunnily enough for the English, but as the Boers abandoned a conventional war they could not win and adopted guerrilla tactics, it descended into an exceedingly dirty conflict — notable for Britain’s pioneering use of concentration camps.

It was also notable for savagery between combatants. When Morant’s best friend in the unit was tortured and mutilated by Boer guerrillas, the poet went on a rampage, ordering a number of prisoners’ summary executions over a period of weeks. It was for this that he and his confederate were shot this day. The fact of his confinement was not communicated to the Australian government; Peter Handcock’s wife only learned of his execution weeks later, from press reports.

The defendants maintained that there was a standing order from the top to kill any Boer caught wearing British khaki, a tactic the Boers were known to employ, and that the order was frequently enforced. Though the prosecution strenuously maintained otherwise at trial, the existence of that (unwritten) directive has become accepted to posterity.

What remains murky is the matter of why — why these two, why now? And is Breaker Morant a hero or a villain? Those questions are also prisms for the many currents of Morant’s case so strikingly prescient for the century that lay ahead.*

Asymmetric warfare and the legal status of guerrillas. Human rights and war crimes. Corruption and plausible deniability. The moral culpability of subordinates for the orders of the brass. And certainly all the contradictory forces of empire and resistance entailed by an Australian adventurer shot by a Scottish detachment for killing Dutchmen in Africa at the behest of London.** It was an old-time colonial war in a world becoming, for we of the early 21st century, recognizably modern.

Hard-living to his dying breath, Morant stayed up the night before he was shot scribbling his last poem — piquantly titled “Butchered to Make a Dutchman’s Holiday”.

In prison cell I sadly sit,
A d__d crest-fallen chappie!
And own to you I feel a bit-
A little bit - unhappy!

It really ain’t the place nor time
To reel off rhyming diction -
But yet we’ll write a final rhyme
Whilst waiting cru-ci-fixion!

No matter what “end” they decide -
Quick-lime or “b’iling ile,” sir?
We’ll do our best when crucified
To finish off in style, sir!

But we bequeath a parting tip
For sound advice of such men,
Who come across in transport ship
To polish off the Dutchmen!

If you encounter any Boers
You really must not loot ‘em!
And if you wish to leave these shores,
For pity’s sake, DON’T SHOOT ‘EM!!

And if you’d earn a D.S.O.,
Why every British sinner
Should know the proper way to go
Is: “ASK THE BOER TO DINNER!”

Let’s toss a bumper down our throat, -
Before we pass to Heaven,
And toast: “The trim-set petticoat
We leave behind in Devon.”

His last words were hurled at his firing squad: “Shoot straight, you bastards! Don’t make a mess of it!”

* It is no coincidence that the Australian film excerpted in this post was released while the Vietnam War was still a fresh memory.

** Breaker Morant’s memory would develop into a point of Australian suspicion towards the British military, especially after Morant’s persecutor helped author World War I’s infamous hecatomb of Australian (and New Zealand) troops at Gallipoli. Morant and Handcock turned out to be the last Australians executed by the British military.

Update: Via Airminded, an Australian history program took a skeptical look at the Breaker Morant myth a few years ago.

Also On This Date

• 1916: James Crozier, an Irishman in His Majesty's service