Alongside major political trials there are a number of cases which rarely get reported — especially if they are heard in the northern war zones or are shortened by the absence of defence lawyers.
- For instance, there are no statistics available of the number of people sentenced for violating the night curfew which is in force in the northern bantustans of Ovambo and Kavango. In January The Namibian reported the case of Silas NAMUGONGO from Oshuushe, Ondangua, who was fined R50 for an alleged curfew violation. His case was exceptional in that he challenged the conviction and publicised details of the incident in which his neighbour Nathaniel PETRUS was shot and seriously injured (see Nationwide mobilisation). Namugongo denied that the two of them had broken the curfew, stating that they were within their shared homestead throughout the attack by the SADF. He was assaulted and detained for two days at Ondangua police station before appearing in the Magistrates' Court. (Nam 24.1.86)
- In another case in the Ondangua Magistrates' Court, Johannes SHIVUTE (58) was sentenced to 15 months' imprisonment for possession of arms and explosives. The Court heard evidence from a member of the security branch, Colonel Johannes du Plessis, and a police explosives expert, Warrant Officer Gideon Smit. Du Plessis told of finding a Makarov pistol, 800gm of TNT explosive and three MD-5 detonators with time fuses at Shivute's home. Under cross-examination by Shivute (who apparently had no lawyer) du Plessis denied that he or his men assaulted Shivute to obtain a confession. (WO 14.6.86)
Shivute, a father of eight, was sentenced to three months for possession of the firearm and a further 12 months for possession of explosives. In mitigation Shivute said he suffered from tuberculosis but this was denied by the police who did, however, admit that he had contracted pneumonia shortly after his arrest.
- A SWAPO official, Erasmus HANDUBA, was due to appear in the Kempton Park Magistrates' Court in South Africa on 17 July to face two charges relating to the possession of banned literature. Handuba, deputy secretary of SWAPO's Windhoek branch and editor of a Roman Catholic monthly newsletter 'Omukuni', was detained at Jan Smuts Airport in Johannesburg on 9 May. He was returning from two conferences on Namibia held in Europe.
Police confiscated a book entitled 'Namibia in the 1980's, a revision of a 1981 publication by the Catholic Institute for International Relations (CIIR) and the British Council of Churches which had been banned. He was subsequently charged with failing to declare the item with the customs and also being in possession of a publication banned in terms of the 1974 Publications Act. (Nam 16.5.86, 4.7.86)
ARSON CHARGE
John PUJATARA (20), a student at Augustine Training College, appeared in the Windhoek Magistrates' Court on 2 July on a charge of arson. His trial was the culmination of further unrest at the school, which first erupted in protest in March. (See FOCUS 65 p.1, 2)
At the beginning of June a fire in a staffroom caused damage to chairs, books and documents. Amid rumours that the school would be closed down for the rest of the year, police began an investigation, admitting that arson could not be ruled out. It was revealed that shortly before the fire the entire prefect body had resigned after accusing the school authorities of ignoring student demands. They had refused to discuss grievances with the 29-member body, saying only four delegates would be seen. One prefect said they had been 'elected by the students and not by the teachers' and could not 'become police for the authorities.' He also stated that students had been arbitrarily expelled from the school hostel without any proper hearings.
On 9 June, the day after the staffroom fire, all students were asked to fill in a questionnaire naming anyone they suspected and detailing any future protests they knew about. The following weekend a fire broke out at one of the hostels.
Between 19 and 23 June a number of students were detained for questioning, leading to an emergency meeting with parents on 24 June and a march on Katutura police station the following day. Between 50 and 60 students demanded the release of their fellows and tried to see them. School sources said thirteen were being held but the police only confirmed ten detainees: eight male and two female. Eyewritesses said the demonstration was dispersed by police chasing the students in vehicles. A representative of the Augustineum Parents Action Committee described the detention of students during the exam period as 'a calculated act to disrupt the careers of the pupils concerned.' Parents heard that student grievances focused on the presence of 'security' guards in the school, the behaviour of certain staff members and the use of some students as informants.
Seven students were held until 2 July when Pujatara made his first appearance in court. He was released on bail of R500 to appear again on 10 July. Later the same day Fidelius MUJEU (20), Obed KUZATJIKE (19), Venondjo KANGUMINE (19), Ben KASENINA (20), Rumold KANGOOTUI (18) and Godwin PUJE were released unconditionally. David Smuts, the lawyer acting for the seven, had been informed that they were being held under Proclamation AG9 and was refused access to them. He later said that the use of AG9 appeared to 'constitute an improper use of legislative powers. The Criminal Procedure Act requires arrested persons to be brought before courts within 48 hours, and afford access to lawyers immediately after arrest.'
On 10 July Pujatara pleaded not guilty to setting fire to the staffroom or alternatively recruiting fellow students for that purpose. His bail was extended and the case adjourned to 1 August.
Other students named as having been detained in connection with the case were Juliana HINDJOU, Selma ANDREAS and E. KAUSEUAPO as well as two students known only by the surnames MUTTI and TJONGARERO. (WA 10/20/26/27.6.86. 3.7.86; Nam 13/27.6.86, 4/11.7.86)
