Veiko Paulus NGHITEMA (25) and Sam MUNDJINDJI (30) were each sentenced to 24 years' imprisonment in the Windhoek Supreme Court on 30 October. The severe sentences came after evidence in mitigation following their conviction for abduction, theft and murder with extenuating circumstances. The charges arose from the disappearance in June 1983 of Martin Shaanyenange, a bantustan radio announcer.
Much of the evidence in mitigation concerned the men's early lives, their experience of oppression under apartheid and what forced them into exile. Nghitewa left the country in March 1976 when he was 16 years old. By then he had completed Standard Six at a school in the north of the country where he was brought up by his maternal grandmother. His mother was a teacher in Swakopmund, his father a mineworker at Consolidated Diamond Mines (CDM). A number of events influenced his development, in particular a massacre by police in 1972 at Ipinge village, just three kilometres from his home.
Mundjindji's family ran out of money for his education and he had to drop out after one year of secondary school. During the 18 months he worked at an Ondangua garage, personal experience of ill-treatment and racism from his employer was added to his general understanding of discrimination and inequality in Namibian life. In 1977 he went into exile.
Both men were at first motivated to continue their own education but chose instead to join SWAPO's armed wing so that the whole country would be liberated and all Namibians could benefit.
When delivering sentence Justice Mouton questioned the relevance of defence evidence about police brutality towards both witnesses and the defendants. Several defence witnesses told of being tortured in detention and the judge himself admitted there were good grounds for defence allegations of maltreatment. In spite of this, and the fact that the accused made statements after long periods in police custody, Justice Mouton said he could see no relation between the evidence and the trial. A prosecution request that five defence witnesses be warned of possible prosecution under the Terrorism Act was turned down.
Mundjindji and Nghitewa were sentenced to two years for the theft of Shaanyenange's van, nine years for abducting him and 15 years for being accomplices in his murder. The court accepted that neither of the accused carried out the actual killing. The two lesser sentences are to run concurrently, making an effective sentence of 24 years each. The men's lawyer gave notice of appeal.
Throughout the trial the men were supported by a packed public gallery of family, friends and SWAPO members. Strict security surrounded the proceedings and people wearing SWAPO badges were threatened with prosecution for contempt of court.
