Two SWAPO combatants who were sentenced to twenty four years' imprisonment in the Windhoek Supreme Court in October 1985 have been refused leave to appeal.
Veiko Paulus NGHITEMA (25) and Sam MUNDJINDJI (30) had been charged in connection with the disappearance of a bantustan radio announcer. They received three years for theft, nine years for kidnapping (to run concurrently) and 15 years for murder with extenuating circumstances. (FOCUS 62)
Their appeal was first turned down in early March by Judge Mouton who had himself imposed the sentences. A month later an appeal to the Bloemfontein Appeal Court was also refused. Defence counsel submitted that the sentences 'were in all the circumstances excessive' especially when compared with others imposed for similar offences.
The Namibian Bar Council meanwhile rebuked Judge Mouton for remarks made in his judgement at the original trial. He had criticised defence evidence of police brutality towards detainees as being irrelevant to the case. The men's lawyers contended that the evidence was led in support of the defence claim that confessions allegedly made by the accused had been obtained under duress. Once the court had ruled in favour of the defence position the question of assault was not pursued.
In their statement on the matter, which they considered at the request of the defence lawyers, the Bar Council rebuked the Judge and the Attorney General for not giving 'the matter of assaults on detainees further consideration'. (Nam 7/27.3.86; WO 22.3.86; WA 4.4.86)
- There have been further delays in a number of trials arising out of demonstrations called by SWAPO. Three cases due to be heard on 5 May were postponed until 22 September 'as a result of an agreement between the defence and the Attorney General'. The trial follows a Namibia Day rally, a court demonstration and a festival for the UN Year of Peace. All the accused are on bail.
A full bench of the Windhoek Supreme Court reserved judgement until 4 August on the matter of whether the Prohibition and Notification of Meetings Act is in conflict with the Bill of Rights introduced in Namibia in 1985. A full bench of the Court will decide on 4 August. The challenge to the Act's validity has been made by Nathaniel MAXUILILI, Jerry EKANDJO and Frans KAMBANGULA who face charges arising out of SWAPO's twenty-fifth anniversary rally in April 1985. (FOCUS 63 p.9; Nam 21/27.3.86, 2.5.86)
- Freddie NGUVAUVA was due to appear in the Gobabis Magistrates' Court on 19 June on charges under the Riotous Assemblies Act. It is alleged that at a meeting in November 1985 he incited youths to commit acts of violence against the MPC administration. (WA 24.4.86)
- Kavee NDJOZE (26) of Katutura was arrested on 18 April for allegedly assisting people to leave the country illegally. He appeared in court on 21 April and was remanded on bail until 26 May. (Nam 25.4.86)
