BY LISA HICKLER
OGDEN, Utah - Thabo Mzilikazi, a student and artist at Weber State University (WSU) and a member of the African National Congress of South Africa, was sentenced to one year in jail and fined $925 at a hearing here November 9. Mzilikazi was convicted in September on charges of "gross lewdness," a Class A misdemeanor, for allegedly fondling a female student against her will during a visit she made to his dorm room. The conviction came down despite numerous contradictions in the testimony of his accuser, and a complete lack of corroborating evidence.
Mzilikazi and his defense maintain his innocence. Yet from the beginning, the courts and cops have attempted to pressure him to plead guilty. As Second District Court Judge Michael Lyon imposed the maximum sentence, he told Mzilikazi, "Your continued denial is of great concern for the court." Lyon said that as long as Mzilikazi continued to insist on his innocence, no "therapy" would do any good. Therefore, he said, he had no choice but to impose the one- year jail sentence.
About 25 people packed the county courtroom to attend the sentencing hearing, most of them students from the WSU campus. His supporters were shocked and outraged by the jail sentence. Prior to sentencing, many of them had participated in a campaign to send letters calling for a suspended sentence. About 90 people, most of them students, faculty, and staff from the WSU campus signed petitions and wrote letters on Mzilikazís behalf.
In an article on the sentencing hearing, WSU Signpost reporter Christine Bush wrote, "As the rain fell outside the court room, tears fell inside as Thabo Mzilikazi was sentenced to one year in jail Thursday... Several Weber State University students were present at the sentencing. Some of them verbally protested, saying `Justice was not done here today.' "
After the sentencing, the Nigerian Organization, a community group, and the African Resources Forum, an organization based at the University of Utah campus, met to discuss the case. Almost $600 was raised for Mzilikazi's legal expenses between the two gatherings. "We were taught injustices like this don't happen in America, but they do," commented Marianna Dimitríou, secretary of the African Resources Forum. Dimitríou organized information tables on the Mzilikazi case several times at the University of Utah.
The conditions of the maximum security jail where Mzilikazi is incarcerated are very restricted. He is allowed only weekly no-contact visits. He is not permitted to receive books, magazines, or any reading materials from outside the penitentiary. He can only subscribe to newspapers approved by prison officials, and can read only books from the prison library. He is not permitted to receive art supplies, and is allowed a pencil but not a pen. Personal items such as toiletries can only be purchased at the prison commissary. Supporters raised $125 to open his account on the day of the sentencing. He may spend $20 a week there.
Mzilikazi was encouraged to hear about the victory gained by Mark Curtis, a unionist and member of the Socialist Workers Party who was framed up by the police in Iowa on false charges of attempted rape and burglary. When he heard that Curtis would be paroled, Mzilikazi responded, "Although I feel a sense of indignation toward this system, I feel better seeing others coming through it stronger. I believe Mark Curtis is such an individual."
Letters to Mzilikazi can be sent to: Thabo Mzilikazi, Weber County Correctional Facility, P.O. Box 1511, Ogden, UT 84401. He may receive letters, wallet-sized photos, and photocopies of newspaper or magazine articles. No books, money, or other items may be sent to him.
Contributions to the Mzilikazi Defense Fund can be sent to: Freddie Cooper, MC 1801, Weber State University, Ogden, UT 84408.