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21 August 1987

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21 August 1987 , \ A KEY witness in the murder trial of a member of the South Mrican Security Policet narrowly escaped death earlier this month after being asked by two unidentified men to accompany them to their car where he was lured into drinking what he . to be beer. Mr Napeheri Nderura, a prime witness in the murder trial ofCaptain Pat David King, which resumed in the Windhoek Supreme Court on Wednes­ day, was approached by two men under the f!'llse pretext oflookingfor goats to buy when they gave him what turned out not to be b er, but some poisonous liquid substance or a combination of both. " Captain King is facing a murder charge arising from the death of. Johannes KakuvaofKaokoland, who was arrested in Opuwo in August 1980 together with 24 other people, in­ cluding Napeheri Nderura. In his affidavit in 1983, Napeheri Nderura testified that he was arrested together with Kakuva and others at die Werda Fblice Station in Opuwo. He was blindfolded and made to lie on his stomach and repeatedly beaten with a stick while being interrrogated about Swapo insurgents in the Okavare area. He stated that from where he lay, he heard the screaming of Johannes Kakuva and that later that day he felt a weight being dumped on him. He managed to lift the blindfold and saw the body of Kakuva lying over him. Mr Nderura told of his ordeal this week at the hands of two Owambo­ speaking men who arrivejl at his home at Manduu in Kaokoland on the pretence of buying goats. The elderly Kaokoland farmer was out in the veld tending his goats when two men arrived at his Manduu cattle post in a white 'Ibyota vehicle on August 5, and asked for goats to buy from Mr Nderura's' wives. The women told the two s.trangers that there were no goats for ~le. They then asked where Mr Nderura had gone to and left a message that he be told that they would come back. Mr Nderura remained at his home the following day when the two visitors came back again and asked him ifhe had any goats to sell. The elderly farmer answered in the negative SWAPO LEADERSHIP ARRESTED IN SWOOP whereafter the two men beckoned him THREE SWAPO leaders and two union officials were arrested in a swoop this week and are held under Section 6 of the Terrorism Act. Pictured above, Niko BeSSinger, Reverend Hendrik Wltbooi, Dan Tjongarero, John Pandeni Continlll'd on (Jagl' l and Anton Lubowski. Full story inside. CHAMPION ieHAMPION CHAMPION SMEERWORS MINCED MEAT BRAAIWORS 4,98 per kg 4,98 per kg 4,98 per kg ,CHAMPION BEEF .RIB/BRISKET VIENNAS GOAT AND SHEEP 5,40 per kg 2 Friday August 21 '19B7 He said that the contracts were He asked where they would be left, "legally termi.nated". with no income and no The Judge also described TCL accommodation. management's negative attitude He also impressed on the Court that TeL eviction order succeeds the work-stoppage ha:d not been a towards the Mineworkers Union of Namibia (MUN), as "extreme­ strike, but was a "temporary --------By MARK VERBAAN AND RAJAH MUNAMAVA -------­ withholding oflabour" because there ly naive" and a "miscalculation'. had been "material breaches of con­ Be found that TCL had not fail­ THE URGENT APPLICATION brought by Tsumeb Corporation Limited (TCL), to have its dismiss­ tract by the employer". ed to fulfill its contractual ed workers evicted from the mine hostels, succeeded on Monday when Supreme Court Judge, Mr "Ifa party is in material breach of his obligations. Harold Levy, ordered that the workers be evicted immediately. An application for leave to appeal obligations, then he can't expect the He was, however, "astonishecr.'that against the ruling was lodged on Wednesday, and the workers were permitted to remain at the hostels other party to respect his own TeL never supplied safety clot .ngto until this application had been decided on. Judge Levy ruled that the 3 010 respondents in the mat­ obligations." an X-ray worker. ter had been legally dismissed, and as a result were in "wrongful and unlawful" occupation of the "This was not a strike, but a suspen­ Judge Levy said that TeL General hostels. sion by employees of their obligations Manager, Mr Bob Meiring, "blows hot until their employer ceases breaching and cold" in his affidavit. his material obligations as in the con­ He further slammed TCL for "drag­ tract," said Mr Farlam. ging its feet" and for being a "reluctant He added that Mr Meiring had said and obtuse negotiator". that the workers were dismissed Last Friday, after a marathon six­ because oftheir participation in an "il­ hour hearing in a packed courtroom, legal strike'. Mr Justice Harald Levy reserved "The fourth element in a legal strike judgement in the matter, in spite of is the withholding oflabour to get im­ Counsel for TeL insisting that a deci­ provements in their contracts ... to in­ sion be made on the urgent matter of duce the employer to change the terms the evictions. of employment:' Both public galleries in the cour­ Mr Farlam also introduced as troom were filled to capacity with evidence the Sullivan Code, a docu­ mine-workers, their families and trade ment which contains labour and unionists. ~mployment principles such as non­ Sitting behind his Counsel was the discrimination, equal employment General Manager of TeL, Mr Bob terms for all and wageshi::rherthan the Meiring, who seemed drawn and economic living level. worried. He said that Newmont Mining had Skimming pver events leading to the been the controlling shareholder in dismissal of almost 4 000 workers, TeL when it became a signatory to the TeL Counsel, Mr Fanie Cilliers SC, Sullivan Code. stressed that he wanted to avoid any Mr Farlam pointed out that no pro­ technical argument as the eviction vision was made at the mine hostels for order was a matter of urgency. the families of workers. Mr Cilliers, who presented TeI:s t He said that TeL workers only saw case in a very thorough and eloquent their wives and children for 21 days a manner, said that an employee was en· MR BOB MEIRING, the Corporation's Chief Executive, pictured leaving the Supreme Court thisweek after year. titled to stay in the hostel for as long TCl's successful application for an eviction order of striking workers from the mine's hostels. Contradicting counsel for the appli­ as he worked, and when he stops work­ cant, Mr Farlam said that there were ing or his contract expires, he must Mr Cilliers said that Judge Levy was to grant the eviction order as a mlltter respondents (the workers), were cor­ implied terms of adequate food and vacate the premises. still obliged to evict the workers even of law, and requested Judge Levy to rect in certain respects that there had adequate ""accommodation, and He said that since July 31, the men ifhe ruled that the contracts were not make an immediate decision in this been breaches in the Conditions of because this was not the case (inade­ had not been working and were still oc­ terminated. regard. Employment Act (such as working quate food and housing which excludes cupyingthe premises, "with the result He said t hat in the contracts there He insisted that the strike was il­ longer hours and getting shorter the families) there was a breach of that TeL cannot put any substitute were no implied terms that the accom· legal, in that it took place before any breaks than permitted under the Act). contract. - workforce into what is the only modation and meals must be applications were made to a Concilia­ He added that TeL had made an ap­ "This gave us the right to temporari­ available accommodation". reasonable. tionBoard. plication to the Department of Civic ly withhold our labour:' He requested that the Court grant an The workers' contracts stated that He said that the refusal to work was Affairs to be exempted from certain He told Judge Levy that it would order for eviction, an order for the ter­ they would be paid wages, be given free a repudiation of the contract, and provisions of the Act before the strike "bring this Qourt into disrepute in the minationofthe workers' contracts, and rood and free accommodation. justified the firing of the workers. began. Thrritory ifit was seen to assist the ap­ an order that the dismissals were legal. Mr Cilliers said that the Court had He conceded, however, that the Mr Cilliers submitted that it would plicant in breaking his contract even not be appropriate to grant a suspend­ further'. ed eviction order to come into effect at a later stage, as the matter had already Mr Farlam said the Court could been continuing sfncethe end of July. either dismiss the application, or refer He said that TeL had been losing the matter for a hearing of oral R300 000 a day since the strike began, evidence regarding the dispute offacts such as the legality of the strike, con­ and the facts did not justify a tracts of service and the matter of suspension. He requested the Court to award eviction. He requested that the matter be costs for two counsel. postponed until a Conciliation Board Counsel for the workers, Mr Ian had completed its work. Farlam SC, emphasised that the mat­ Replying to Mr Farlam's statements, ter must be decided on his papers, and Mr Cilliers said that the Court could not those of the applicant. do no more than apply the common law He said that the workers were to the matter.
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