The lengthy trial of Veiko Paulus NGHITEWA and Sam MUNDJINDJI drew towards its close in the Windhoek Supreme Court in September when the men changed their pleas. The two have been on trial since November 1984 charged with murder, kidnapping and robbery in connection with the disappearance in June 1983 of Martin SHAANYENANGE, a radio announcer with one of the bantustan services of the South West Africa Broadcasting Corporation (SWABC).
On 9 September Nghtewa and Mundjindji pleaded guilty to murder, abduction and theft, with extenuating circumstances. Their defence lawyer admitted that the men were present when Shaanyenange was killed and had helped to bury his body. It was stated that Nghtewa and Mundjindji were PLAN members whose actions throughout 'were carried out in the course of their duty as combatants'. These constituted the extenuating circumstances mentioned in the plea. 'In no way and at no time', it was said, were they acting 'for their personal benefit'. They were members of a three-man reconnaissance mission active in northern Namibia from May 1983. The order to kill Shaanyenange, whom they had first kidnapped in order to take to SWAPO headquarters, was conveyed to them by the third member of the team. This man was said to have shot Shaanyenange. The Deputy Attorney General accepted the change of plea on behalf of the State and the men were convicted of being accomplices to murder as well as abduction and theft. Another press report said they were found guilty of 'common purpose of murder'.
PLAN combatants who are captured by the enemy are not treated as prisoners-of-war because South Africa refuses to ratify Protocol 1 of 1977 of the Geneva Convention which relates to wars of national liberation. In recent years trials of captured combatants have been rare. Those who are not killed on arrest may be detained for long periods or used for propaganda purposes.
Following a large-scale police operation in late August centred on Katutura, the authorities admitted that they had not been able to contain trained combatants within the war zones of the north. At a press conference on 5 September police presented the operation as a success for them in that they had seized a quantity of arms and made a number of arrests. However, in response to questioning, Brigadier Sarel Strydom confirmed that members of the People's Liberation Army of Namibia (PLAN, SWAPO's armed wing) had reached as far south as Windhoek. Furthermore this penetration occurred despite the introduction in March of further restrictions on freedom of movement which limited access to the north and north-east of the country.
On 28 August police raided two houses in Katutura and discovered 125 kilograms of explosives. They claimed that this, together with almost 200 kg intercepted en route to Windhoek was destined for a bombing campaign not only in the capital but also in Walvis Bay and Swakopmund. Police sources were quoted as saying the expertise of guerillas had 'increased vastly where bombings are concerned.'
At least 16 people were reported to have been detained — in both Windhoek and the north — and the number was expected to rise. Significantly, police revealed that they included PLAN members, some trained abroad and others locally. Brigadier Strydom indicated that only members of SWAPO's armed wing had so far been held but made the following comment: 'The internal leaders of SWAPO are not involved in these actions but they are fully responsible for these actions in the respect that they have formulated a policy they want to execute through violence'.
An earlier detention in connection with armed struggle was reported following a mortar attack on the military town of Oshakati on 28 July. No one was detained for participation in the attack itself but a civilian who allegedly helped SWAPO by providing transport was held.
In the face of continuing police brutality SWAPO continued its policy of holding mass meetings with the announcement of a rally in Katutura on Sunday 25 August to commemorate Namibia Day. It was nineteen years ago, on 26 August 1966, that SWAPO's armed struggle was launched. The regime sought to disrupt the event just as it had done previously on SWAPO's twenty-fifth anniversary and at the Kassinga Day service.
Police used teargas to disperse the crowd and arrested fifty two people, many of them prominent SWAPO leaders. In spite of police violence the rally's supporters continually regrouped. A police spokesman said that police acted five times to disperse crowds and used teargas on two occasions. Children dressed in SWAPO colours marched and sang freedom songs at a sports field and a motorcade of SWAPO supporters drove defiantly through the streets of Katutura until the police used vehicles to block their path.
The following day, Namibia Day itself, there were further clashes with the police when the following people appeared in the Windhoek Magistrates' court: Jimmy AMULUNGU, Leonard APPOLUS, Jerry EKANDJO, Paul GAMATHAM, Solomon GAMATHAM, Paul GARISEB, Diederick GONTEB, Lazarus GUITEB, Adolf HAHALE, Jason HANGULA, Petrus HANSE, Vaino HAROGORO, Markus HAUSIKU, Joshua HOEBEB, Matheus IINGONDO, Nicodemus IKERA, Reinhold ITENGE, Herman IYAMBO, Pineas IYAMBO, Jacob H. JANSON, Rehabeam JASON, Petrus JOHANNES, Rahimisa KAHIMISE, Joshua KAKWENJE, Thomas KAMBONDE, Stephanus KANDAVAZU, Asser KAPERE, Martin KAPEWASHA, Asser KASIPANDA, Ngitandako KASUME, Aaron KATUUO, Simon KATJIVIKUA, Benedictus KAUEJAO, Otniel KAZOMBIAZE, Levey KONTONGONWA, Jogonias KWASIONA, Anton LUBOWSKI, Willy MATZI, Gideon MOSES, Uandjisa MUHARUKUA, Mbapeua MUVANGUA, Rosaline NAMISES, Joshua NDAUETEKO, Simon NEHALE, Silas NEKWAYA, Immanuel NGATJIZEKO, Moses OMEB, Abraham PETRUS, Simon SALAMI, Christoph Joshua SHIPANGA, Sagarius TAAPOPI, Willem THLIANANJE.
They were all charged under the Prohibition and Notification of Meetings Act. In court the 52 were not asked to plead and were released on bail of R100 to reappear on 30 September. Outside the court a crowd who had gathered to welcome the defendants were threatened with arrest by police dressed in camouflage uniforms, wielding batons and carrying teargas granades. When a group of SWAPO supporters began to march behind the movement's flag, everyone was rounded up and forcibly transported in police vans to Katutura.
Further arrests were made on 30 September outside the court where the 52 were to appear again. A total of 75, including most of the original defendants, were subsequently charged under the Demonstrations. In or Near Court Buildings Prohibition Act. This piece of legislation was extended to Namibia in June the year, two days before the inauguration of the MPC administration. It carries a maximum fine of R1,000 and/or one year's imprisonment. Both cases were postponed to 18 November.
On 14 October the SWAPO political prisoner Ida JIMMY was released in Windhoek after serving a five year sentence imposed for making a speech in support of the armed struggle. The original seven year sentence was reduced on appeal.
In September it was announced that all the Namibian political prisoners held in South African prisons had been transferred to Windhoek. Twenty Namibians were being held on Robben Island and one in Pretoria Central Prison. He is Eliazer TUHADELENI, a veteran labour spokesman and senior SWAPO leader, who was in the hospital section suffering from asthma. Tuhadeleni and 14 others were sentenced to life imprisonment in 1968 under the Terrorism Act in a trial involving 37 accused. Two other life prisoners sentenced in 1969 were also being held on Robben Island as well as others serving shorter sentences.
