Restrictions on the freedom to hold meetings in Namibia have been successfully challenged in the courts but the South African installed administration is considering new measures.
In a potentially significant legal judgement a full bench of the Windhoek Supreme Court ruled at the beginning of July that SWAPO can hold meetings legally in Namibia. The judgement was handed down in the trial of three SWAPO office bearers charged with holding an illegal meeting in April 1985 to commemorate the 25th anniversary of the organisation. They were charged under the Notification and Prohibition of Meetings Act. The three accused were Nathaniel MAXUILILI, Acting President of SWAPO, Jerry EKANDJO, Youth Secretary of the organisation and Frans KAMBANGULA, Transport Secretary. (FOCUS 63 p.9; Nam 21.3.86)
Basing their ruling on a strict legal interpretation of the Act, the bench stated that an essential requirement of the law was that organisations to which it applied must according to their constitutions have as their 'sole and only object' the overthrow of an authority or the bringing about of change by any form of force. Based on an analysis of SWAPO's constitution and political programme the bench found that SWAPO has 'peaceful and permissible objectives'. The judgement stated further that although there were references in the Political Programme of SWAPO to the armed struggle there was still 'no statement which calls for or advocates the overthrow of a government or some form of change by violence, intimidation or forceful means'. (Nam/WA 4.7.86)
Accordingly it was found that the charge sheet failed to disclose an offence. In terms of the judgement SWAPO is no longer required to seek prior permission to hold meetings (as stated in the Act). On the same basis as other organisations it now merely has to inform a magistrate of its intention to hold a meeting 24 hours in advance of the event.
The three accused still face charges of having failed to notify a magistrate of the SWAPO commemorative meeting. (WA 7.4.86)
In an earlier development the authorities prohibited meetings in Windhoek on 31 May and 1 June in an attempt to prevent a Corpus Christi procession organised by the Roman Catholic Church from taking place. Invitations had been extended to members of the Ai-Gams Conference and Christians of other denominations to participate. (See p.12 of this issue) The authorities made use of the provisions of the Riotous Assemblies Act (Act 17 of 1956) which were applied earlier in May to ban meetings commemorating the anniversary of the Kassinga massacre.
According to the Cabinet Chairman of the South African-installed MPC administration the Corpus Christi procession was a 'disguised SWAPO effort to evade the requirements of law relating to the holding of political meetings with which all other political organisations conform'. (FOCUS 65 p.1; Nam 6.6.86)
An urgent interdict to have the ban set aside was brought by the Roman Catholic Church on the grounds that the ceremony was 'a holy, solemn procession and an important symbol to Christians'. The judge ruled the ban invalid on technical grounds. The order was incorrectly worded, referring to the period of the ban as 'May 31 to May 1 1986'. The judge also concurred that the ban was 'a severe blow to freedom of religion, assembly and association, a blow to Christian membership and furthermore infringed on the pastoral rights of clergymen'. (Nam 6.6.86)
Against the background of these developments parties in the MPC administration have formulated suggestions for security legislation which if adopted would close off existing legal loopholes. According to recommendations being considered by the SWANU and the SWAPO-D parties in the MPC, to replace existing legislation under AG8, the new laws would force all 'political parties, associations, councils and other organisations dealing with the public to register with the Department of Civic Affairs'. Parties would be required to register and deposit copies of their constitutions or other documents with the department. They would also have to submit annual financial statements. (WA 18.6.86)
