Judgement was due to be handed down in the Windhoek Supreme Court on 24 May in the case of SACHARIUS ALFEUS, charged with assisting guerillas. The accused, the owner of a shop in the Efidi district, is alleged to have supplied various articles, including blankets, towels, soap, razor blades, cigarettes and scarves, to five men who called at his shop one night in September 1977, knowing that they were guerillas. (WA 17/24.5.78)
In an unexpected decision on 1 May, the Windhoek Supreme Court found SWAPO member, VICTOR NKANDI (29) not guilty of having murdered the former Chief Minister of Ovamboland, Filemon Elifas, and of having participated in terrorist activities. He was acquitted on all charges and ordered to be released. The State had earlier applied for charges to be withdrawn against Mr. Nkandi in terms of Section 6B of the Criminal Procedure Act. Passing judgement Mr. Justice Badenhorst said that state witnesses had produced much contradictory evidence and had created an "unfavourable impression" upon the court. "To have continued with the trial would have been a waste of time", he said.
Mr. Nkandi was greeted by a large crowd of cheering and singing SWAPO supporters as he left the court, a free man after 2½ years of imprisonment and detention without charge. (WA/RDM/MS 2.5.78; FOCUS 15 p.16)
PETER MANNING (31), a white member of SWAPO arrested and detained in January 1978, left for the UK on an exit permit on 21 April after being formally discharged in the Windhoek Supreme Court. He told reporters in London that one of the reasons for his arrest was that he had collected evidence of South Africa's military installations in Namibia and its operations in Angola in collusion with the Angolan rebel group, UNITA. His imprisonment, he said, had been a "terrifying experience", during which he was threatened with solitary confinement, assault and torture, and allowed only his underpants to wear. (RDM 22.4.78; WA 24.4.78; MS 25.4.78; FOCUS 16 p.8)
Former NUSAS President NICHOLAS 'FINK' HAYSOM (26) was released on R50 bail on 21 April, four days after being sentenced to 12 months imprisonment for refusing to answer questions concerning Peter Manning. An appeal against an initial refusal of bail had been dismissed by the Supreme Court in Cape Town a few hours earlier. The new application for bail was granted after the magistrate who had sentenced the accused was informed that the SWA Administrator General had decided to withdraw all charges and that arrangements had been made for Haysom to leave the country on an exit permit. (CT 22.4.78)
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since the beginning of the month, of whom 20 had been released after interrogation. According to the Chief of CID in Namibia, Brigadier I.J.H. van Niekirk, four men were at that time being detained for questioning. (WA 7/14.4.78; SWAPO press statement, London, 12.4.78; see FOCUS 16 p.6)
The first arrests under the new emergency regulations took place a week after the introduction of Proclamation AG26, on the same day as the South African government announced its acceptance of the Western proposals for Namibia's independence. A large number of SWAPO members, including three officials of the national executive committee, were detained under AG26 on 24 April in what the Rand Daily Mail described as "a major crackdown on SWAPO" launched by the Administrator-General. 27(26) names are known, of whom six represent rearrests:
Jason Angula, Secretary for Labour Rev. Festus Naholo, Secretary for Foreign Affairs Frans Kambangula, Secretary for Transport — these three national officials were arrested at SWAPO's offices in Windhoek when plainclothes police broke in on a meeting taking place with the Third Secretary to the Australian Embassy in South Africa, Omer Stuart.
Engelhardt Gariseb, branch chairman — previously arrested at the beginning of April (see above), and presumably released and rearrested.
Markus Hausiku Skinny Hilundwa, regional chairman Anna Kambambo — arrested in Windhoek Adolf Kaure, branch chairman — arrested in Tsumeb Helena Uwegaes, youth chairman — previously arrested at the beginning of April (see above) and presumably released and rearrested.
The above offices are as given by Justice Steyn. SWAPO's name in Windhoek stated that another two of its members had also been arrested under AG26:
Zachariah Muchimba — arrested in Windhoek Willem Heuva — arrested in Otjiwarongo (WA 25/26.4.78; RDM 26.4.78)
Other SWAPO sources reported 16 further arrests under AG26 on 24 April:
David Ausiku — rearrested; possibly the same as Markus Hausiku (see above) Anna Kayele — rearrested (see above) Katanga Mulanje — arrested in Windhoek Rev. Keinhold Murendi — arrested in Rundu Paulus Daniel Frans Paulus Atti Beukes, branch chairman Priska van Wyk Tom (no other name given) — these five arrested in Rehoboth; Atti Beukes may have been held under Section Six of the Terrorism Act.
David Shapaka Jeremiah Asino — these two rearrested, this time in Ovamboland (see above) Aina Limbo David Sheena David Amathila David Antenya David Shilongo — these five arrested in Ovamboland
Attempts were also made to arrest Bishop Leonard Auala, of the Evangelical Lutheran Ovambokavango Church, and Dr lixuhwa. Bishop Auala's adopted daughter was killed a few days later by South African troops at Kassinga refugee camp (see under KASSINGA MASSACRE) (Namibia Support Committee press statement, London, 27.4.78; SWAPO statement, London: 'SWAPO members arrested under "South West African Emergency Law" 24 April 1978').
On 1 May, three SWAPO members who had been involved in organising a demonstration welcoming Victor Nkandi on his release (see POLITICAL TRIALS), were arrested in the centre of Windhoek. One of the three was named as Annanias Hipondoka. (RDM 3.5.78)
On 7 May it was reported that police had detained a man in connection with the assassination of Chief Clemens Kapuuo. No name was given. (ST 7.5.78)
Three days later, on 10 May, a spokesman for the SWA Administrator General announced that Pastor Hendrik Witbooi, a member of SWAPO's national executive and secretary for education and culture, had been detained under AG26. Two office bearers of NUDO, the Herero political movement formerly led by Chief Kapuuo, were also being held under AG26 — Josaphat Tjaveondja and Mathzues Mahua. (WA 11.5.78; RDM 11.5.78) (Pastor Witbooi was released into restriction at the end of June).
On 25 May Emmanuel Muatara, a SWAPO executive member in charge of security, was arrested and detained in Windhoek under an emergency order. (T26.5.78; BBC 27.5.78)
14(13) other names are known from SWAPO sources of SWAPO members arrested and detained since the introduction of AG26:
Johannes Amadhila Domingo (no other name given) — held under Section Six of the Terrorism Act Rahimisa Kahimise — held under Section Six of the Terrorism Act Leonard Nghigepandulwa — held under AG26. (He was the No. 12 accused in the trial of alleged leaders of the contract workers strike in 1972). Mulanduleni Itape — legislation not known Eric Biwa, Regional Information Officer Bernadictus Boys, Regional Secretary Lucas Stephanus, Regional Organiser — these three arrested on 13 May and held under Section Six David Shikwambi H. Noegeb Matteus Abraham — these three held under AG26 Aina Paulus — believed to have since been released Lamek Ichece (lithete) — held under Section Six (In December 1977 evidence was presented to the Windhoek Supreme Court of his torture during an earlier spell of detention see FOCUS 14 p.1-2). Johannes Nakawa — arrested on 19 May and held under Section Six (possibly Johannes Nampala, see above) (Statement from Namibia Support Committee, London, 29.5.78)
