Virtually the entire leadership of SWAPO inside Namibia has been arrested and detained without charge since April by the South African authorities. Up to 100 people, from members of SWAPO's national executive down to grass-roots members, have been in detention at any one time, and several are known to have been arrested more than once during the period.
Countrywide police operations against the liberation movement have taken the form of two main waves of arrests: the first during the first week of April and in the wake of Chief Clemens Kapuuo's assassination on 27 March (reported in *FOCUS 16* p.6), the second following the introduction of emergency regulations by the SWA Administrator General, Justice Steyn, on 18 April. The list below, compiled from SWAPO sources and press reports, contains the names of 58 SWAPO members and officials believed to have been arrested up to the end of May (plus 2 names that may be duplicated, three unnamed persons, and two members of another organisation).
While the South African authorities have claimed that the new emergency measures are "not aimed at SWAPO or any other political party, but purely against individuals" (Citizen 20.4.78), in practice they have been used almost exclusively against SWAPO members. Only two people outside SWAPO are known to have been detained under AG26 — both office bearers of the National Union Democratic Organisation (NUDO), an affiliate of the Democratic Turnhalle Alliance (see list below). The effect of the arrests has been to virtually immobilise SWAPO's public activities inside the country at a time of crucial international negotiations on Namibia's future and when South Africa is pushing ahead with the registration of voters and other election plans for the territory. The mass arrests on 24 April were followed a few days later by South Africa's external aggression against Namibian refugees and SWAPO supporters in Angola (see *KASSINGA MASSACRE*).
SWAPO members and officials inside Namibia have, furthermore, been the victims of violence and harassment of various forms. In addition to the kind of incidents reported in *FOCUS 16*, the house of a SWAPO supporter was, for example, burnt down in Aminuis on 19 April. The owner, Ismael Kazepa, said that vandals who were identified as DTA members first threw stones, breaking several windows, and then set fire to the house while his wife and child were inside. (WA 25.4.78)
SWAPO's position as Namibia moves towards general elections has been summed up by Ms Lucia Hamutenya (25), SWAPO's Secretary of Legal Affairs and by May the only member of the national executive still at liberty and able to function inside the country. Speaking to a British journalist in Windhoek, she pointed out that "at the moment it is too risky for us to start campaigning. DTA supporters have threatened to shoot one of us at our first meeting in revenge for Clemens Kapuuo. All the DTA supporters we see nowadays have got old British .303 rifles. Intimidation and bribery have started in outlying areas and this will make life very difficult for us, especially since we now have so many of our (internal) executives in gaol". (GN 27.4.78)
The first person to be detained in police operations against SWAPO was the Administrative Secretary, Axel Johannes, who was arrested under the Terrorism Act in Windhoek on 4 April. Further arrests followed over the period 5-9 April; of which 21 names are known:
Jason Angola, Secretary for Labour — arrested in Windhoek; subsequently released and rearrested (see below)
Johannes Nampala David Koronelius Abraham Nghililfa Elias Nahishange Sakaria Johannes Tiofelus Penasha Simon Tomas Maikel Munjoko Robetius Barnabus Maria Namene Jeremiah Asino David Shapaka Festus Thomas — all arrested in Windhoek.
Iileka Uugwana Jurius Nujoma Malakia Mureni David Ausiku, chairman of SWAPO's Kavango branch — both arrested in Rundu and detained in Tsumeb
Engelhardt Gariseb, branch chairman Anna Kayele, women's branch and vice-treasurer at Grootfontein Helena Uwegaes, youth chairman — these three arrested in Grootfontein and detained in Tsumeb
Some of these appear to have been released (see also below), while other names are not known. In a statement on 14 April, SWAPO said that a total of 42 supporters had been arrested continued on p.11
STOP PRESS
The names are known of further SWAPO members arrested at the end of June. Daniel Nashidengo, Habakuku Shilongo, Jacob Mbande and Jonas Johannes were arrested in Tsumeb, apparently in connection with the distribution of literature. Marta Angola, branch chairman of the SWAPO Women's Council, was arrested in Walvis Bay. Hewat Beukes and Julius Stefanus were arrested in Omaruru, and Julius Kapapu, David Shilongo, David Haindongo and Fillip Hamakali in Karibib. It was also reported that SWAPO's deputy administrative secretary was arrested after a rally in Windhoek on 25 June, having allegedly called for a boycott of registration procedures. (ST Lon 2.7.78)
NEW EMERGENCY REGULATIONS
The emergency regulations promulgated in Namibia on 18 April vest unqualified powers in the SWA Administrator General, Justice Steyn, to indefinitely detain any person or persons whose actions are felt to "promote violence or intimidation". Under Proclamation AG26, Provision for the Detention of Persons in order to Prevent Political Violence and Intimidation, those held without charge have no recourse to the law courts. Other provisions are:
- Once a warrant has been issued under AG26 by the Administrator General, any police officer may forthwith make an arrest. Without a warrant, a police officer may still detain any person for up to seven days.
- No policeman is entitled to interrogate a detainee held under AG26. He or she may only be questioned if the authorities are satisfied that a statutory offence has been committed, but then the detainee must be held under some other legislation. Conditions of detention are entirely at the Administrator General's discretion.
- A detainee shall be visited at least once a fortnight by a magistrate, to inquire into circumstances and report any complaints to the Administrator General.
- A detainee may make written representations to a review committee chaired by a judge of the SWA Division of the Supreme Court or a magistrate (or any other person who has held office as a judge or a magistrate), assisted by two other members appointed by the Administrator General. However, the review committee will meet in camera and its deliberations will not be disclosed. No person, other than an employee of the state, may attend the proceedings. No court of law is entitled to pronounce on the committee's functions or recommendations, and the Administrator General is free to ignore any such recommendations.
- A detainee will only be told the reasons for his or her arrest at the Administrator General's discretion.
- The family or next of kin may be informed of their relative's detention and whereabouts at the request of the detainee.
- A detainee must be visited by a doctor at least once every three days.
Justice Steyn told a news conference in Windhoek on 18 April that the new measures would come into effect immediately and would in some cases be applicable to persons already in detention in connection with "violent political crimes during the past months". These would now fall under his jurisdiction, rather than that of the South African government. He claimed that the regulations had been introduced to promote the Western initiative in the search for a peaceful solution to the Namibian issue, and said he was certain that "were the United Nations representative in South West Africa, he would agree to the measures in present circumstances". Far from impeding progress towards free elections, his powers of indefinite detention would assist it by removing from the scene those persons responsible for "political violence and intimidation". (WA 19.4.78; BBC 20.4.78)
