Treason trial sequel
Six so-called Caprivi treason accused are challenging the High Court’s jurisdiction over them, saying the former Caprivi Strip was not part of Namibia.
FRED GOEIEMAN
A special plea application by six of eight treason accused challenging the High Court's jurisdiction to try them on charges of high treason is expected to be heard by the Windhoek High Court.
The lawyer of the six, Ilse Aggenbach, is expected to file a plea based on the territorial claim that the former Caprivi Region, now the Zambezi Region, is not part of Namibia.
The six, Progress Kenyoka Munuma, Shine Samulandela Samulandela, Manepelo Makendano, Alex Sinjabata Mushakwa, Diamond Samuala Salufu, and Hoster Simasiku Ntombo, are charged with high treason, sedition, public violence, the illegal supply of weapons and the illegal possession of weapons and ammunition.
Jorge Neves represents the other two accused, Frederick Ntambilwa and John Mazila Tembwe, who did not submit the special plea.
In 2007 all of them were convicted of high treason and sentenced to various terms by the late Acting High Court Judge John Manyarara.
In the August 2007 judgement, Munuma, Makendano, Samulandela, Mushakwa, Salufu and Samuele were each sentenced to an effective 32 years’ imprisonment, while Ntombo and Ntembwe were each jailed for an effective 30 years.
They were convicted on charges of high treason, sedition, public violence, illegal supply of weapons and the illegal possession of weapons and ammunition.
Based on an unchallenged summary of prima facie evidence led by State witnesses in the High Court trial in 2007, the group was found to have attended several clandestine meetings during 1998 and 1999 in the then Caprivi Region with the view to secede the region from the rest of the country.
It was further said the eight were part of those who recruited several people for the purpose of joining the so-called Caprivi Liberation Army (CLA).
In July 2012 the Supreme Court set aside all the convictions and sentences against the group after they successfully appealed against them.
In that judgement the court ruled that the 2007 judgement be nullified, and that the matter be resubmitted to the High Court for the trial to start afresh.
The eight are claiming that after they were granted political asylum in Botswana after the August 1999 attacks, that country's authorities unlawfully arrested them and handed them over to the Namibian police between 2003 and 2004.
Acting Judge Peter Unengu postponed the matter to 15 July for the hearing of the special plea. The prosecution in the matter is led by Advocate Neville Wamambo.
A special plea application by six of eight treason accused challenging the High Court's jurisdiction to try them on charges of high treason is expected to be heard by the Windhoek High Court.
The lawyer of the six, Ilse Aggenbach, is expected to file a plea based on the territorial claim that the former Caprivi Region, now the Zambezi Region, is not part of Namibia.
The six, Progress Kenyoka Munuma, Shine Samulandela Samulandela, Manepelo Makendano, Alex Sinjabata Mushakwa, Diamond Samuala Salufu, and Hoster Simasiku Ntombo, are charged with high treason, sedition, public violence, the illegal supply of weapons and the illegal possession of weapons and ammunition.
Jorge Neves represents the other two accused, Frederick Ntambilwa and John Mazila Tembwe, who did not submit the special plea.
In 2007 all of them were convicted of high treason and sentenced to various terms by the late Acting High Court Judge John Manyarara.
In the August 2007 judgement, Munuma, Makendano, Samulandela, Mushakwa, Salufu and Samuele were each sentenced to an effective 32 years’ imprisonment, while Ntombo and Ntembwe were each jailed for an effective 30 years.
They were convicted on charges of high treason, sedition, public violence, illegal supply of weapons and the illegal possession of weapons and ammunition.
Based on an unchallenged summary of prima facie evidence led by State witnesses in the High Court trial in 2007, the group was found to have attended several clandestine meetings during 1998 and 1999 in the then Caprivi Region with the view to secede the region from the rest of the country.
It was further said the eight were part of those who recruited several people for the purpose of joining the so-called Caprivi Liberation Army (CLA).
In July 2012 the Supreme Court set aside all the convictions and sentences against the group after they successfully appealed against them.
In that judgement the court ruled that the 2007 judgement be nullified, and that the matter be resubmitted to the High Court for the trial to start afresh.
The eight are claiming that after they were granted political asylum in Botswana after the August 1999 attacks, that country's authorities unlawfully arrested them and handed them over to the Namibian police between 2003 and 2004.
Acting Judge Peter Unengu postponed the matter to 15 July for the hearing of the special plea. The prosecution in the matter is led by Advocate Neville Wamambo.
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