Seven SWAPO supporters were convicted of 'terrorism' in the Windhoek Supreme court on 27 February after a trial of less than a month. The conviction followed a change of plea and the withdrawal of some of the original charges.
Appearing in court on 4 February were Frans ANGULA (28), Norbert ANKOME (25), Elkan Shoombe SIMON (21), Bernadinus Petrus SHIKONGO (47), Desiderius ANKOME (26), Erasmus UUTONI (28) and Vilho KASHILULU (21). They faced two main charges under South African 'security' legislation which has been extended to Namibia: the Suppression of Communism Act as incorporated in the Internal Security Act (1950) and the Terrorism Act of 1967.
Before the trial got under way defence lawyers challenged the validity of the legislation itself, saying that sections of it were in conflict with the Bill of Rights as laid down in Proclamation 101 of 1985. This document inaugurated the Multi-Party Conference administration and purported to allow freedom of expression and association. However, on 13 February Judge Strydom dismissed the defence application, stating that the powers of the Namibian National Assembly were subject to the legislative powers of the South African State President and the South African parliament who retained power over the territory. He conceded, however, that the Terrorism Act was in conflict with the Bill of Rights and could be amended by the National Assembly.
The first charge, under the Internal Security Act, accused the men of conspiring to promote the aims of communism and working for the introduction of a government based on the doctrine of Marxism-Leninism. This conspiracy allegedly took place between 1974 and 1985 in Namibia and Angola. The second charge, under the Terrorism Act, concerned their involvement in armed struggle. They allegedly underwent military training in the use of arms and explosives and carried out acts of sabotage in order to overthrow the government by violent means. The charge-sheet reportedly listed hundreds of alleged contraventions of both acts and ran to some 114 pages. The state was expected to call 154 witnesses but almost as soon as the proceedings began the prosecuting counsel said discussions were underway to shorten the trial by reducing the number of witnesses. It was also announced that Judge Strydom would hear the trial without the assistance of assessors. Assessors are only compulsory in trials where a death sentence may be handed down.
When the first of the witnesses began giving evidence it became clear that the state had not been able to obtain voluntary testimony. They had all been detained, some for over a year, and were still in custody when testifying. Many had been kept at the notorious Osire detention camp where Thomas Nikanor died in January 1985. This meant incarceration in corrugated zinc cells, vulnerable to cold and assault, and isolated from other prisoners. Many of the witnesses were 'warned' of possible prosecution under the Terrorism Act in connection with their evidence. It is customary in political trials for alleged accomplices to be granted immunity from prosecution if they give 'satisfactory' evidence.
Frans HANGO (27) had been in detention for over a year when he was brought to court. He had been held 'incommunicado' at Osire detention camp and was now terrified and wanted to go home. He was fetched from his workplace by police in January 1985 and after a long interrogation agreed to make a statement. He said he could do nothing else as 'they [the armed forces and police] have us in their net'. Hango told of meeting Norbert Ankome and his brother Desiderius. The latter gave him a limpet mine to use against a bus transporting white workers from Ondangua to Oshakati. In fact the mine remained unused and hidden until his arrest.
The court was told that the second witness, Immanuel Hamutenya, could be tried under the Terrorism Act for possessing explosives and aiding guerillas. Hamutenya (43), the principal of Onambebe school near Omafa was detained at Osiri for at least six months. He admitted hiding a carton of weapons and explosives for Accused No. 1 Frans ANGULA, whom he knew as Petrus Iyambo, and also providing transport for alleged SWAPO fighters. Four Casspir vehicles carrying soldiers came to his home in February 1985 and demanded to know where the 'goods' were buried. He complied with their demand when it became clear he would be assaulted if he continued to refuse.
Maurus WALOMBOLA, (27) a teacher at Ombwana School, was assaulted by Lieutenant du Plessis at Oshakati police station after his arrest on 23 January 1985. He testified that Norbert Ankome instructed him in the use of a limpet mine. Later, he and Desiderius Ankome bombed the bantustan offices in Oshakati in May 1984. Walombola was cautioned by the judge that his evidence might lead to him being prosecuted. However, he has since been released from custody.
A number of teachers gave evidence implicating Elkan Simon SHOOMBE and Vilho KASHILULU. Agapitus STEPHANUS (32) from Emono School near Oshakati was 'warned' in terms of the Terrorism Act before telling of his role in transporting alleged guerillas. Modestus KADHIWEKA (30), principal of Emono Junior School also admitted driving guerillas and was named as an accomplice. The men were linked to an attack on a police shooting range in which three Koevoet members were injured and an explosion at the Eloolo beef-processing plant, both in 1984. Andreas SHAPUMBA (35), a mathematics teacher at Ogongo school who was also detained, gave evidence about hiding arms and ammunition at the home of Erastus Uutoni's father. Ferdinand SHIFIDI (35), the principal of Onepandaulo School, admitted carrying out a number of reconnaissance missions and driving Frans Angula and others to sabotage the Coca Cola bottling plant at Oshakati.
Originally the men pleaded not guilty to all charges. However, on 27 February they submitted a statement of agreed facts in respect of the charge of 'terrorism'. They pleaded guilty to 102 counts of participation in acts of 'terrorism' and the state declined to prosecute on a further 70 counts. A 'confession' by Shikongo was also reportedly submitted to the court. The seven men were then convicted of 'terrorism' on the basis of these documents and the evidence of the state witnesses. They were all acquitted on the other charge of furthering the aims of communism. Angula was implicated in 35 subversive acts, Norbert Ankome in 18, Simon in 12, Desiderius Ankome in 20, Uutoni in 9 and Kashilulu in 11. Shikongo was accused of active involvement in and support of various 'terrorist' acts. In their statement the accused admitted they had been promoting the aims and objectives of SWAPO. It was reported that they 'saw the occupation of Namibia by South Africa as illegal and viewed their activities as just and for a good cause aimed at independence'. None of the acts of sabotage they admitted involved loss of life.
Amongst the charges dropped by the state was responsibility for a bomb explosion at the Okatana service station in May 1984 and the Oshikuku massacre in 1982.
Concerning the Oshikuku massacre, even an expert state witness, Colonel Gerrit Badenhorst, had to admit that the police could not 'obtain confirmation beyond any doubt' that blame for this lay with SWAPO. In fact, it is known to have been carried out by the regime's armed forces.
The Okatana blast in which two US representatives were killed had given rise to much sensational publicity concerning the trial. In fact the evidence of the petrol pump attendant Paulus RAFAEL, who was held in detention for the trial, did not connect the defendants with the sabotage. He did however implicate two Barclays Bank employees, Rehabeam NAKATANA and Oskar SHIKOYENI, whom he said came to the station shortly before the explosion. They were driving Oscar HALUDILU's car. Shikoyeni and Haludilu have since been released from custody but Nakatana remains in detention.
The trial was adjourned to 16 April for hearing evidence in mitigation before sentence is passed. The men left the court after saluting their supporters with clenched fists. Public support for the accused has been strong with people turned away after the 133 seats in the galleries were filled. Tight security was enforced.
