In spite of its clear responsibility under the UN independence plan to remove repressive legislation, in July the South African regime promulgated new measures giving extra powers to the police. Two SWAPO combatants were put on trial for murder and new details became known about the treatment of detainees and prisoners of war.
Proclamation AG 23, the Public Gatherings Proclamation, was issued on 21 July. It aroused widespread criticism and was even compared unfavorably with the 1981 Prohibition and Notification of Meetings Act which was repealed in June. Whereas previously it was necessary to inform a magistrate 24 hours before a meeting (of more than 20 persons), the new measure lays down that the police should be informed at least 72 hours in advance. Senior police officers are given powers to impose conditions on public gatherings while any policeman of the junior rank of warrant-officer may use force to disperse a gathering. Further controversy concerned a prohibition on carrying weapons — although 'weapon' is defined quite widely, the prohibition specifically excludes 'a pistol or revolver carried in a bag, holster or other container in such a manner that it is completely concealed.' SWAPO described the exemption as 'a licence to kill.'
In August the new measures were invoked on at least two occasions to disrupt SWAPO activities. On 13 August three activists, Raphael DINYANDU, Nimrod MUREMI and Aune SINDANO were arrested when a rally was dispersed at Ndama in the Kavango bantustan. A week later a SWAPO rally at Arandis was broken up by police who claimed it was 'illegal'. The crowd of three thousand people were forced to leave without hearing the speakers.
The Intimidation Proclamation, AG 24 of 22 July, replaced South Africa's Intimidation Act, extended to Namibia in 1985, by a more far-reaching measure. Newspapers said it was aimed at 'subtle' forms of intimidation including verbal threats — Section 1(b) is couched in the vaguest of terms, outlawing acts which 'would probably have' or could be perceived as having the effect of making someone 'abstain from doing' something or 'assume' or 'abandon a particular standpoint' through fear. Conviction under the law — and proceedings may be held 'in camera' — could entail a maximum term of 10 years and/or a R20,000 fine.
Amended eleven more pieces of legislation in the interests of a 'free and fair election.' Section 27c of the Police Act was repealed, removing one of the restrictions on media coverage of the armed forces. However, much legislation which had been criticised, such as Proclamation AG8 of 1980, the National Intelligence Act and the Post Office Act, remained virtually or completely unchanged.
The question of political prisoners continued to command attention, focusing in particular on Leonard SHEEHAMA who is threatened with execution.
Two combatants, Eino MULE (37) and Haidula ANDREAS (29), went on trial in the Windhoek Supreme Court in August charged with murdering Thomas Hafeni in the Oshikango region of northern Namibia in October 1988. Their defence was that while reconnoitring the area they struck up a conversation with Hafeni — he questioned them closely and revealed he was a member of the South African forces. They took him into custody, in order to hand him over to their superiors, but he escaped and Mule shot him dead.
The two men claimed prisoner-of-war status, arguing that they acted within the context of a war between the South African forces and the People's Liberation Army of Namibia. While stating that the killing was justified Andreas denied taking a direct part in it. He told the court he was shot in the back by police arresting him shortly after Hafeni's death. Judgment in the case was due on 25 August.
Political prisoners released under amnesty on 20 July revealed horrifying details of torture they and others endured. Regarding physical assault, the men noted that beatings were directed at the torso in order to injure internal organs such as the kidneys. Beatings with implements such as hosepipes, rifle butts and knobkerries were commonplace. Three prisoners were driven from Osire to Otjiwarongo chained and supine on the back of a lorry, while police trampled their bodies.
Electric shocks were applied during interrogation sessions — in certain cases detainees were suspended from cranes, sometimes upside down, while the torture was applied. Various methods were used to semi-suffocate prisoners and submerge their heads in water. Others were partially buried while being beaten.
Methods used to terrorise and humiliate prisoners included forcing captives to touch live pythons, to have sexual intercourse with corpses, to remain totally naked for weeks at a time or, in the case of women prisoners, be exposed naked to male prisoners. Others had live explosives activated near them. Prolonged solitary confinement caused mental illness in at least one detainee, Oskar SHIKOYENI, a bank clerk.
Public executions of PLAN combatants were held in order to intimidate the civilian population. Others injured in battle underwent forcible amputation or were deliberately maimed. The released prisoners listed at least four captured combatants who were taken from their cells and remain missing, presumed dead: Simon ABRAHAM, Levi AMADHILA and Markus PAULUS in 1985, and Tambi Wiliem Manya ASHIYARA in February 1987.
The prisoners named a further four detainees whom they knew had died: Filemon Kasita IIKELA (43), a school teacher beaten to death at Hocky in 1981; Willem NANGOLO (Ndjaba) killed at Koevoet's Oniimwandi base in March 1985; 'Comrade Dagga' from Etomba beaten at Oshakati around January 1986 and Rev Frederick NGIHALWA who was killed in 1988.
The secrecy surrounding detentions in Namibia and the proven brutality of the occupying forces made relatives fearful for the fate of detainees who seemed to have disappeared.
In September, news surfaced publicly about a category of political prisoners not previously recorded — former PLAN combatants forced to work on farms run by Koevoet in the Tsumeb area. According to information given by some of the captives to a church monitoring group, the authorities had told them to leave in the run-up to the election but they feared to do so when neither their families nor the public knew of their circumstances. Twenty seven left, but some of these were kept under police surveillance. Others refused to go and gave their reasons to an UNTAG information meeting.
Journalists were allowed to visit the Mannheim farm in the presence of General Hans Dreyer, formerly head of Koevoet and now the northern regional commander of SWAPOL. The farm has been in existence since at least 1984 although one prisoner, Emmanuel ERASUS, was captured much earlier at Tsandi in 1981 and transferred from Oniimwandi in 1984. Other combatants named were Leo SHINIME, captured near Eenhana in June 1984, and Silas NANGOMBE, abducted from Angola in the same year. They demanded to be released as prisoners of war in the presence of UNTAG and SWAPO officials.
Seventeen of the ex-combatants subsequently left the farm on 18 September saying they had experienced increased police harassment since the press visit. Shinime, the group's spokesman, said they had left only five prisoners on the farm. This figure conflicts with Dreyer's statement that there were 75 ex-combatants there. It is believed other such farms exist.
