Five members of the Namibia National Students Organisation (NANSO), sentenced to between one and two years imprisonment in November last year for protests in the South African-claimed enclave of Walvis Bay, were freed in February. Johanna KAMBANDA, Dina NAKWAFILA, Rosalina SHIPIKI, Paulus SHIMWANDA and Mengeli ERASTUS were the focus of an international campaign initiated by NANSO. Because they were convicted in Walvis Bay, the South African authorities argued that they did not fall under the amnesty for political prisoners which formed part of the independence procedure.
Their release was announced by the South African Administrator-General 'in the spirit of reconciliation'. The amnesty was not extended to Leonard SHEEHAMA, an alleged SWAPO combatant on Death Row in Pretoria, also convicted of offences in Walvis Bay. He has appealed against his conviction and sentence. However, the AG declared that the amnesty would apply to members of South African military and police units who were imprisoned for crimes 'in the performance of their duties and functions'.
Dirk Calitz, an ex-Koevoet member, sentenced to ten years' imprisonment for beating a civilian to death, was freed almost immediately. Calitz was convicted in 1987 but continued to serve in Koevoet for two years while his appeal was heard. When his appeal was finally turned down, he was allowed to go to a nursing home in South Africa instead of prison, on the grounds of illness. He served only 15 days in prison before being freed.
Shortly after the AG's announcement, the South African State President withdrew two appeals against decisions by the Windhoek Supreme Court which had opened the way for the prosecution of a total of 10 South African Defence Force members for two separate murders. Lawyers said the appeals were academic as the men were likely to fall under the amnesty. Six of them were charged after SWAPO leader Immanuel SHIFIDI was killed at a public meeting in 1986, and the remaining four were charged with killing Frans UAPOTA in 1985. Both trials were stopped by the State President, in an action later ruled invalid by the Windhoek Supreme Court.
In November two other Koevoet members found criminally liable for the deaths of detainees Filemon NIKODEMUS and Petrus SAKARIA in 1985 were granted effective amnesty by the AG. They were told they would not be prosecuted as long as they left Namibia immediately and did not return.
An amnesty was declared for most categories of short-term common-law prisoners by President Nujoma on 26 March. He also announced the release of four prisoners held for politically-motivated offences related to SWAPO's armed struggle but who were not released in the UN amnesty. Paulus KAMPUMBURU, Paulus ANDREAS, Afunda NGHIYOLWA and Simon ABED would all be released as soon as possible, he said.
An inquest court found that no one was criminally responsible for the death of Joseph PETRUS, a SWAPO activist and defector from Koevoet. Petrus was killed by police in northern Namibia in August last year. Despite inconsistencies in police evidence, the magistrate accepted police claims that Petrus had drawn a pistol and they had shot him in self-defence.
