STATE REPRESSION
Two recent actions by President Botha clearly demonstrated that in spite of attempts to portray the Multi Party Conference administration as the governing authority in Namibia, real power remains with South Africa, the occupying force. In July a storm of protest greeted his decision to halt the trial of four South African Defence Force (SADF) soldiers facing charges of murder. The following month, as lawyers sought to challenge the validity of the Terrorism Act under which eight alleged SWAPO supporters were being tried, he amended the very proclamation by which the administration had been inaugurated.
HEITA AND OTHERS
The trial of Andreas HEITA and seven others on charges under the Terrorism Act was delayed until September when the men appeared in the Windhoek Supreme Court on 18 August. No pleas were demanded from Heita, Salom PAULUS (27), Andreas Gideon TONGENI (23), Matheus GABRIEL (Gabriel MATHEUS) (23), Martin AKWEENDA (23), Johannes NANGOLO (33), Petrus Kakede NANGOMBE (23) and Sakarius Balakius NAMWANDI (18).
The case was postponed at the request of the defence who required more time to study the charge sheet. Press reports stated that there were over 180 counts of 'terrorism' listed, covering the period February 1979 to October 1985. The accused are alleged to have participated in acts of sabotage and 'terrorism' in both the north of Namibia and the capital, Windhoek. It is claimed that they induced the co operation of the local population, some of whom they trained in the use of weapons and explosives
Defence lawyers planned to challenge the validity of the Terrorism Act under which the men were charged, on the grounds that it conflicted with the Bill of Rights contained in Proclamation R101 of 1985 which inaugurated the MPC administration. An annexure includes the right to a fair trial and protection from arbitrary detention and torture. A similar challenge during the trial of Frans ANGULA and six others, in February, was dismissed by Justice Strydom (See FOCUS 64 p.9) The defence said it would request that a full bench of the Supreme Court be convened to decide the issue
Before argument could begin in court, however, the State President issued Proclamation 147 of 1986 which amended Proclamation R101 in two significant ways. It restricted the section referring to fundamental rights by an addition including the words: 'This Proclamation shall not be construed as entitling any person to claim as a fundamental right the power to establish a government in any manner other than a peaceful and democratic manner...' More significantly, it amended Section 19, on the Validity of Laws, by the following: 'No court of law shall be competent to enquire into or pronounce upon the validity of any act of the Parliament of the Republic of South Africa enacted before or after the commencement of this Proclamation.' The Terrorism Act would fall under this prohibition as it is an act of the South African legislature extended to Namibia.
In spite of the new proclamation defence lawyers opened their case by challenging the law. The judge promised to rule on the matter by 29 October. (WA 8.9.86; Nam 12.9.86; WO 13.9.86)
NEW TRIAL
Jonas INASHIPUA appeared in the Windhoek Supreme Court in August charged with causing two bomb explosions in Tsumeb in 1985. He was not asked to plead and was remanded in custody until 4 November. The postponement was at the request of the defence. (Nam 15.8.86)
SADF MURDER
Few South African soldiers are called to account for their actions in the northern war zones of Namibia even when these lead to the injury or death of civilians. However when Frans UAPOTA (48), a father of five and a member of the Roman Catholic church, was killed in November 1985, his wife Victoria MWEUHANGA publicised the case and sought redress in the courts.
Uapota, who was on leave from his job in Windhoek, was visiting friends in his home village of Eembo, northern Namibia, when the place was raided by an SADF patrol. Everyone was ordered to lie down, whereupon they were variously trampled, beaten or kicked. Uapota was blindfolded before being beaten more seriously and then dragged in an almost lifeless state to nearby bushes. His wife was prevented from seeing what happened next by a soldier holding a gun at her head. The following day police brought back her husband's body for identification. She was able 'to discern a clear mark around the deceased's neck, similar to that which a rope would leave'. (WO 2.8.86)
The four soldiers involved, named as D F Esselen, J Fernando, C J Harmse and F J Herps appeared in court in June after Mweuhanga had laid a charge of murder. However, in July, a certificate in terms of the Defence Act ordered the proceedings to be halted. Under Section 103 members of the SADF are granted indemnity from prosecution for actions committed 'in good faith' and 'for the purposes of the prevention and suppression of terrorism in an operational area'. The certificate was issued on the orders of President Botha by the MPC administration which sought to distance itself from the unpopular move, saying it had no choice in the matter. On 20 August the Commission for Justice and Peace of the Catholic Church stated: 'Herewith the interim government has clearly recognised and publicly confessed its role as a South African puppet'. (NCC 20.8.86)
