namibia

POLITICAL TRIALS

The South African regime's increased use of the courts against its opponents in Namibia has continued with one conviction in a political trial and at least three other cases involving SWAPO's armed struggle.

In one case a judicial decision helped regain some credibility for the Multi-Party Conference (MPC) administration by a ruling in favour of the Bill of Rights introduced in 1985. However, this did not result in the freeing of any accused, but only an amendment to the charge sheet. In two other cases similar rulings were being sought.

PRISON SENTENCE

Paulus KAPUMBURU (19), described in the Windhoek Supreme Court as a young SWAPO trainee, was sentenced to 12 years' imprisonment in August on a charge of murder.

The court alleged that Kapumburu and a fellow-trainee, Veino Nekaro, underwent military training in the Kavango bantustan between March and April 1985. They were then each given a POM-Z anti-personnel mine to lay at a strategic point. The bantustan is a heavily militarised area adjoining the Caprivi strip and bordering Angola.

The state said that the mine laid by Kapumburu, in the presence of Nekaro, exploded near Yinsu on 20 April 1985, killing a young boy.

Justice Levy sentenced Kapumburu to 12 years' imprisonment saying that he regarded his youthfulness (he was 18 years old at the time of the offence) as an extenuating circumstance. There were no reports indicating whether Nekaro had been charged. (WO 16.8.86)

HEITA AND OTHERS

The trial of Andreas HEITA and seven others for support of SWAPO's armed struggle continued in the Windhoek Supreme Court in spite of a strong legal challenge by the defence. His fellow accused are Salom PAULUS, Andreas Gideon TONGENI, Matheus GABRIEL (Gabriel MATHEUS), Martin AKWEENDA, Johannes NANGOLO, Petrus Kakede NANGOMBE and Sakarius Balakius NAMWANDI. (FOCUS 67 p.10)

On 14 October Justice Levy ruled on the defence's challenge to the validity of the charge sheet. They had contended that the Terrorism Act was in conflict with the Bill of Rights appended to Proclamation R101 which inaugurated the MPC administration. Levy accepted this view and referred the charge sheet back to the Attorney-General for amendment. He said that the Terrorism Act had in effect been repealed by Proclamation R101 and that the defendants could only be charged with offences allegedly committed before 17 June 1985. Furthermore, he found that Section 2 of the Terrorism Act (which requires the accused to prove their innocence rather than requiring the prosecution to prove their guilt) conflicts with Article Four of the Bill of Rights laying down the Right to a Fair Trial. He disagreed with Justice Strydom's ruling in the trial of Angola and others (FOCUS 64 p.9) and asserted the primacy of Proclamation R101 over all existing legislation. He described it as 'a stepping-stone to independence', and 'the existing constitution of Namibia.' Referring to a recent proclamation by President Botha declaring no court competent to adjudicate on South African laws, Justice Levy said that the Heita challenge was already pending when Proclamation 157 of 1986 was issued (not Procl. 147 as given in FOCUS 67 p.10) and therefore was not subject to it.

In his judgement Justice Levy stated that the acts mentioned in the charge-sheet could well 'form the subject matter of valid common law crimes carrying heavy penalties or the subject matter of operative and enforceable statutes also with heavy penalties.'

On 20 October the prosecution submitted an amended charge-sheet, still in terms of the Terrorism Act rather than alternative legislation, but omitting all alleged offences committed after 17 June 1985. Full details were not available but earlier reports said 50 of the original 187 counts were in this category. The charge-sheet was said still to contain nine murder charges, and 30 attempted murder charges as well as 'numerous charges of sabotage.' (CT 15.10.86; WA 16.10.86; Nam 17/24.10.86; WO 18/25.10.86)

HINGASHEPUA

More details have become known about the charges facing Jonas HINGASHEPUA (23) who appeared in the Windhoek Supreme Court in August. (See FOCUS 67 p.10 under name of Inashipua)

Hingashepua is a general worker resident in Tsumeb's municipal hostel. The State alleged that during a visit to the Ovambo bantustan in June 1985 he made contact with PLAN combatants who instructed him in the handling and setting of explosives. He then returned to Tsumeb carrying explosives. He is charged with causing two explosions in Tsumeb - at the post office on 2 July and at a petrol station in the Nomtsoub residential area on 4 July.

Hingashepua was detained on 1 October and held in the Tsumeb police cells. He escaped from custody on 3 November 1985 but was recaptured shortly afterwards.

Newspaper reports stated that Hingashepua had been charged under the 'Sabotage Act', a name usually given to the General Law Amendment Act No.76 of 1962 which, under Section 21, created the capital offence of sabotage. In August the trial was adjourned until 4 November so that a defence lawyer could be properly briefed. On that date a further postponement until 3 February 1987 was agreed to allow time for a Supreme Court ruling on the status of the Bill of Rights. Hingashepua had not been asked to plead. (WO 16.8.86; Nam 7.11.86)

MBONGE

In another sabotage case, Silas Naftali MBONGE (20) appeared in the Windhoek Supreme Court in October. Mbonge, a resident of northern Namibia, was charged with planting explosives at the Oshinanenea Garage, Oluno, on 12 September 1985. It is now known he was arrested on 6 February and appeared in the Ondangwa Magistrates' Court on 4 March, though neither event was reported in the press at the time.

Mbonge's defence counsel was allowed to challenge the validity of the charge-sheet in terms of the Bill of Rights, as the case was pending before Proclamation 157 was introduced. The case was adjourned to 10 November. (Nam 24/31.10.86)

NDJOZE

Kavee NDJOZE (26), who faces charges of assisting people to leave the country illegally, was due to appear again in the Windhoek Magistrates' Court on 2 December. At an earlier hearing a statement containing alleged confessions by Ndjoze was ruled inadmissable. The presiding magistrate said that the admissions could not have been made of the accused's own free will and furthermore, the interpreter used in taking the statement was a policeman. Ndjoze is out on bail. (FOCUS 65 p.3; Nam 31.10.86)

OTHER TRIALS

DETENTIONS

It continues to be impossible to discover the number of people presently detained in Namibia. In particular the stringent entry requirements to the northern and north-eastern bantustans have made it very difficult for information to be obtained. Only fragmentary press reports have appeared.

On 28 July in Katutura a man was injured when a detonator exploded in his hand. Police refused to reveal the man's identity and reports of the extent of his injury differed widely. Some said his hand was badly mangled, others that he had lost it, others that he was being treated for minor injuries. Police said they later reclaimed 400 grams of plastic explosive and were holding a man in custody. (WA 29/30.7.86; Nam 1.8.86)

An unnamed PLAN combatant was captured following a successful mortar attack on a police fuel installation at Oshakati on 2 August. The pumping installation at the fuel compound was destroyed only a few metres from a lookout tower staffed by members of the SADF's Cape Corps. South Africa refuses to treat captured combatants as prisoners-of-war and initial reports spoke of the man undergoing 'extensive questioning'. (WO 9.8.86)

Church sources in northern Namibia have reported the re-detention of Victoria MOSHANA, who was previously detained between July and September 1985. (FOCUS 61 p.9) Moshana was taken from her place of work, the Lutheran medical mission hospital at Engela near the Angolan border, on 31 July. At the same time it was announced that Alfeus Shikongeni NGHIPANDULWA, who was thought to have been released from detention, is in fact still in custody. Nhipandulwa was detained in October 1985 in connection with the discovery of arms caches. It is believed he is now being held in southern Namibia. (NCC 11.8.86)

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