Caprivi treason trial: Seven convicted 20 years later
Men not coerced, judge finds
Seven of the eight men originally accused in the matter were found guilty yesterday, with the eighth having died just weeks ago.
A 20-year treason trial of initially eight men accused of high treason and various offences has finally concluded, with High Court Judge Petrus Unengu delivering his judgment yesterday.
Unengu found seven men - Progress Munuma, Shine Samulandela, Manuel Makendano, Alex Mushakwa, Frederick Ntambilwa, Hoster Ntombo and John Tembwe, who were were arrested in 2002 - guilty of high treason, unauthorised importation of weapons into Namibia, supply and possession of firearms, unlawful possession of ammunition, and violations of Namibia's immigration laws. The eighth accused, Diamond Samunzala Salufu, died in June.
The judge contended that, according to the evidence presented, all the accused participated in the activities willingly and were not coerced, forced or misled by anyone. Furthermore, as citizens owing allegiance to the state, the accused had a duty to report treasonous activities to the authorities, but failed to do so.
Unengu said: "It is apparent from the evidence as a whole that all participated actively in one way or another in furthering the goal of seceding the Eastern Caprivi Region from the rest of Namibia. Therefore, in achieving that goal, they crossed the borders of Namibia at undesignated and ungazetted ports of entry into Zambia and Botswana and back to procure weapons, bringing various types of arms and ammunition into Namibia illegally, in violation of the provisions of the Arms and Ammunitions Act and the Immigration Control Act."
True culprits
In his oral submissions during the trial, Jorge Neves - representing Ntambilwa and Tembwe - argued that the true culprits were the colonisers who took land from the indigenous people without permission, exploited them and imposed their laws. He claimed that those in power today still use these colonial laws to exploit the uneducated.
He stated that in this case, one person indoctrinated and misled the uneducated into their actions. While he agreed that the accused acted willingly and not under coercion, he argued that Tembwe, in particular, should not be held responsible. Neves claimed that Tembwe wanted to surrender to the authorities but, fearing arrest, returned to Botswana and then came back to Namibia on 20 September 2003.
Dismissed murder charge
The judge found that Munuma and Samulandela, who were facing murder charges, were no longer relevant to these proceedings because they were found not guilty and discharged under section 174 of the Criminal Procedure Act. This section allows a court to discharge an accused at the end of the State's case if there is no evidence that the accused committed the offence, meaning the court can acquit the accused without requiring them to present any defence.
Before this, the pair were initially tried in 2013 by the late justice John Manyarara on similar charges, with two additional charges added later. Manyarara convicted them and sentenced them to 30- and 32-year prison terms respectively.
However, the Supreme Court overturned these convictions and sentences on appeal and ordered a new trial before a different judge. As a result, the second trial began before Unengu on 30 June 2014.
The case has been postponed to 19 August for pre-sentence submissions.
Unengu found seven men - Progress Munuma, Shine Samulandela, Manuel Makendano, Alex Mushakwa, Frederick Ntambilwa, Hoster Ntombo and John Tembwe, who were were arrested in 2002 - guilty of high treason, unauthorised importation of weapons into Namibia, supply and possession of firearms, unlawful possession of ammunition, and violations of Namibia's immigration laws. The eighth accused, Diamond Samunzala Salufu, died in June.
The judge contended that, according to the evidence presented, all the accused participated in the activities willingly and were not coerced, forced or misled by anyone. Furthermore, as citizens owing allegiance to the state, the accused had a duty to report treasonous activities to the authorities, but failed to do so.
Unengu said: "It is apparent from the evidence as a whole that all participated actively in one way or another in furthering the goal of seceding the Eastern Caprivi Region from the rest of Namibia. Therefore, in achieving that goal, they crossed the borders of Namibia at undesignated and ungazetted ports of entry into Zambia and Botswana and back to procure weapons, bringing various types of arms and ammunition into Namibia illegally, in violation of the provisions of the Arms and Ammunitions Act and the Immigration Control Act."
True culprits
In his oral submissions during the trial, Jorge Neves - representing Ntambilwa and Tembwe - argued that the true culprits were the colonisers who took land from the indigenous people without permission, exploited them and imposed their laws. He claimed that those in power today still use these colonial laws to exploit the uneducated.
He stated that in this case, one person indoctrinated and misled the uneducated into their actions. While he agreed that the accused acted willingly and not under coercion, he argued that Tembwe, in particular, should not be held responsible. Neves claimed that Tembwe wanted to surrender to the authorities but, fearing arrest, returned to Botswana and then came back to Namibia on 20 September 2003.
Dismissed murder charge
The judge found that Munuma and Samulandela, who were facing murder charges, were no longer relevant to these proceedings because they were found not guilty and discharged under section 174 of the Criminal Procedure Act. This section allows a court to discharge an accused at the end of the State's case if there is no evidence that the accused committed the offence, meaning the court can acquit the accused without requiring them to present any defence.
Before this, the pair were initially tried in 2013 by the late justice John Manyarara on similar charges, with two additional charges added later. Manyarara convicted them and sentenced them to 30- and 32-year prison terms respectively.
However, the Supreme Court overturned these convictions and sentences on appeal and ordered a new trial before a different judge. As a result, the second trial began before Unengu on 30 June 2014.
The case has been postponed to 19 August for pre-sentence submissions.
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