The trial of VICTOR NKANDI (29), a prominent SWAPO member charged under the Terrorism Act with complicity in the assassination of Filemon Elifas, Chief Minister of Ovamboland, in August 1975, had not reached its conclusion by the end of December 1977. Nkandi, whose summary trial opened on 24 October 1977 in the Windhoek Supreme Court before Mr Justice Badenhorst, the Judge President, is charged with being a member of a conspiracy which led to the murder of Chief Elifas, or alternatively, of having actively aided the killer or killers by bringing them from Angola to the site of the murder and later transporting them back again.
Nkandi has pleaded not guilty to all charges. He has already served a year's prison term for refusing to give evidence in the trial of SWAPO members Aaron Muchimba, Hendrik Shikongo and others, and has been continuously in police custody since September 1975.
Much time has so far been spent by the court on a "trial within a trial" regarding the admissibility as evidence of one verbal and two written statements obtained from Nkandi while detained under Section Six of the Terrorism Act or its equivalent, the emergency Proclamation R17 in northern Namibia. The main statement, a 16,000 word document compiled by police investigators of the special services, is one of the most lengthy ever to be submitted at a trial in the Windhoek Supreme Court. It allegedly describes events over a time span of several years leading up to Elifas's assassination, and covers an area from Katutura deep into southern Angola. Its contents were withheld from the press pending the court ruling on its validity. According to the state prosecutor, H.F. van Zyl, all three statements were submitted by Nkandi freely and voluntarily, and no force was used by the police.
Defence Counsel David Soggot, opposing, has submitted evidence that Nkandi was tortured by being hung up so that his feet barely touched the ground, electrically shocked, kicked and beaten while in detention, particularly during the first four days and by Lieutenant Gert Dippenaar of the Cape Town Security Police. The allegations have been emphatically denied by Lieutenant Colonel Willem Frederick Schoon, head of the Security Police in Ovamboland. Schoon told the court that he had been deputed to take over the investigation of Chief Elifas's assassination. At first their headquarters had been in Oshikango, but later on (August - September 1975), this had become unsafe because of fighting between MPLA, UNITA, FNLA and South African Defence Force troops and their base had been moved to Ogongo, where his team occupied two houses at the Ogongo Agricultural College. Suspects were interrogated in the adjoining garages, while Nkandi himself, due to lack of cell facilities, was kept in a four by four truck provided with cell-mat and bedding. He was free to walk around during the day, but Schoon admitted that, like other detainees held at the college, he had at times been shackled with leg-irons. Schoon stated that at this stage, about 80 people were detained for interrogation, including Aaron Muchimba and Axel Johannes. Nkandi was later returned to detention at Oshakati and in February-March 1976 appeared before the Swakopmund Supreme Court at Aaron Muchimba's trial. In 1977, on completing his one year prison term, Nkandi was rearrested and detained under Section Six of the Terrorism Act.
A number of police witnesses questioned by the defence have denied assaulting and torturing Nkandi. Warrant Officer J.M. Kok, of the Vryburgh security police, for example, denied that he threatened Nkandi with a knife or said to him: "Now your head is going to roll, you Swapo..." He also denied giving Nkandi a toilet roll to wipe blood after the latter had been assaulted. Lieutenant Bernard Stoffberg, from the Walvis Bay security police, denied having made Nkandi stand in a corner until he talked or threatening that the guard would "work him over". Sergeant J.G. van Deventer of the Upington security police also denied assaulting Nkandi while the latter was detained at the Ogongo Agricultural College, and denied burning fellow-detainee Axel Johannes on the arms and elbows with cigarettes.
Witnesses to have testified to the use of torture include Ms Beato Asino, the younger sister of Nicodemus Mwahi, himself allegedly involved with Nkandi in the assassination plot. She told the court that she had been detained by the police after Chief Elifas's murder and questioned from Friday to Tuesday in police offices. The policeman had sometimes appeared angry and smacked her hard on the head.
Ms Elise Kadhila, a friend of Ms Asino and a shop assistant employed by Nicodemus Mwahi, testified that she had been arrested by the police in March and detained for four months in a military camp. She was kept in a large tent with several other women. She said that she was once given electric shocks for about 15 minutes after she had failed to "answer a question nicely". Her arms had been tied to two pieces of iron against the wall to prevent her falling during the treatment. "It was so painful that after a while I didn't know where I was." Later she was blindfolded and again interrogated by the police.
Ms Elizabeth Namunjeko, a storekeeper in Ondangwa, testified that she had been detained in solitary confinement in a small room from August 1975 to February 1976. During this time she had been interrogated continuously for eight days and nights by relays of policemen. She had been doused with water to force her to stay awake and hit across the face and on the head several times. Her thighs had become sore from standing and her legs had swelled up. Eventually she had been taken to hospital with extensive bleeding.
Mrs Aletta Maria Laufs, who acted as matron to female detainees held at Ogongo Agricultural College, denied all knowledge that a particular detainee had been six months pregnant and had suffered a miscarriage after being interrogated and "hung up" by security police.
On 13 December the judge postponed the trial until 1 March 1978.
AXEL JOHANNES SWAPO's Regional Secretary in Windhoek for many years, AXEL JOHANNES, was arrested at the end of November 1977 after failing to respond to a subpoena issued in September. He had been called as a state-witness against Victor Nkandi but did not appear in court when the trial opened on 24 October. Johannes was refused bail following his arrest and was detained in Windhoek Central Prison. Justice Badenhorst said that he would be given every opportunity to appoint a legal representative.
On 1 December, Johannes was fined R50 or 50 days in the Windhoek Supreme Court for failing to appear as a witness.
