< Friday July 4 1986 SOc SWAPO RALLIES· LEGAL Judge says that violence is not Swapo's.sole objective BY CHRIS SHIPANGA and GWEN LISTER FOLLOWING A JUDGEMENT of the Full Bench of the Supreme Court with Justice Harold Levy presiding, Swapo may now legitimately hold public meetings, and all that is required is notification to a Magistrate 24 hours before the meeting is held. - In the matter between the State and Immanuel Gottlieb Nathaniel, Swapo Acting President; Mr Jerry Ekandjo, Swapo Secretary for Youth; and Mr Frans Kambangula, Swapo Secretary of Transport; who were all charged for contravening the Notifica­ tion and Prohibition of Meetings Act of 1981 by holding an 'il­ legal' Swapo rally in Katutura on April 21 last year, the Supreme Court ruled that the charge sheet be ql!.a.shed (declared invalid) on the grounds that it was I).ot the sole objective of Swapo to violently overthrow the go ~ ernmen t. Legal sources said .that the judgement served. to dispel do.ubts concerning the· legality outh is 'roasted' . of Swapo holding political rallies . In terms of the judge­ ire in north ment, Swapo is placed in the " ' U H"_-!-' v ,,n '. VH as other political BY CHRIS SHIP ANGA parties of Namibia whiCh mere­ ly have to inform (and not to AN AMAKALI Primary School 'We were going to fetch another student, in northern Namibia has friend of ours Mwuatilifange to seek permission) a Magistrate this week accused Security Force come and stay at our place, Short- of their intention to hold a members of 'roasting' his back . lyon arrival at Mr Uushona Nam­ meeting, 24 hours before the over a fire because of his 'ig­ bonde's house, where meeting is to take place. norance' of tile where-abouts of Mwuatilifange stays, we heard the In a lengthy judgement given Swapo guerrillas. roaring of army vehicles coming yesterday, Judge Levy (with Judge -Both the Defence Force and towards the homestead. Herbert Hendler and .Judge Ken­ police in Windhoek denied any in­ 'We noticed several Casspirs neth Bethune concurring) said that volvem.ent in the matter, with the . stopping next to the kraal with Mr Ian Farlam (for the latter saying: 'We heard of such a . many camouflaged men follpwing Respondents) had argued that there rumour and did synd.out some min our foot prints, They came straight existed a conflict between the Bill to investigate, but as I say w'e are to me and Hafeni and shouted that of Fundamental Rights appended just investigating-a rumour' and I they hav.e found 'the terrorists, to Proclamation RIOl, instituting can assure you that ·it is definitely Many 'makakilliyas seized me and the ' interim government, and cer­ not the police.' asked me about Swapo guerrilas. tain Sectiops of the Prohibition and ) The boy Titus Paulus, 13, from 'I told them that I knew nothing Notification of Meetirigs Act. He Onyanya in the Amutse area is about such men, whereupon they called upon the Court to 'strike presently in the Onandjokwe accused me of lying. One slapped down' the conflicting provisions, Lutheran Hospital where he is be­ me in the face and p_ulled off my but Judge Levy said that if the ing treated for serious burns on his jersey to blindfold me while others charges did not constitute offences, back_ kicked and pulled my testicles, then it was the charge sheet which In a statement filed with the of­ 'They then carried me into the must tie 'struck down', fice of the Chairman of the Owam­ mahangu field where I was held by The Notification and Prohibi­ bo Administration, Mr Peter my arms and legs over a fire, and tion of Meetings Act, said the Ka.hfngula, the boy said on June they roasted my back for a long Judge, 'does make serious inroads 28 , 1986, he went with Hafeni, a time·. into the liberty of the subject'. friend, .of his , to a place called 'I was screaming out with great Judge Levy said that the Ethindi. continued on page 2 THE BURNT back oJ the youth, Titus Paulus. continued on page 2 Mother Nature gave the Polar bear a warm coat to survive the cold Chelsea Chelsea Fashions give you a Fashions beautiful selection of duvets and covers. Your at unbelievable prices! curtain specialist DUVETS DUVET COVERS DUVET & COVER Tel: 31154 Single 25,95 39;99 59,99 103 Kaiser Street Double 39,95 44,99 79,99 PO Box 21 424 Queen 44,95 49,49 89,99 Windhoek 1 r ~~:t -1 .. '"' ~ . ~ :-.... -; ' : ( : •• ~:;'~ t, fr~~;. ",,",; 'l:-t' 2 · _· tHE NAMIBIAN -FRIDAY :J.u~y 4 "}·986-,-· S=~P() Jh~Y ~~ I!1>l~ J~lljes . Continued from page 1 He added that there were several departments provided for, which Notification and P-rohibition- Act included a Department of Defence, applied to a party which hadas" its but that 'the obj.ects of.this depart­ object', the overthrow of existing ment areilldeed militant bilt.fall far authorities. short of the . overthrow of any , 'Accordingly the .organisation authority or the bringing about of concerned must have a: constitution a change of the political, social or and the sole and only object in that economic order by any form of constitution must be the overthrow . 'force' . of the relevant authority or · the He said although there were bringing about of the particular references in the Political Pro­ social or economic change by gramme of Swapo to the 'armed violence or intimidation or forcible struggle' , there was still 'no state­ means ... if an organisation .pro­ ment which calls for or advocates pagates peaceful and permissible or propagates the overthrow of a activities, it is not hit by the Sec­ government or some form of tion even though it may also pro­ change by violence, intimidation or pagate the overthrow of the rele­ forceful means'. vant authority ... ; Re ferring to the 'Constitution He therefore found that the and Political Programme of charge sheet, read with further par­ Swapo, the Judge said that none of ticulars in regard to Section 2 of the Swapo's 'Aims and Objectives' Notification and Prohibition of DAMAGE to mahangu fields by Casspirs. This picture was taken in the vicinity of Oshikuku. provided for the overthrow of any Meetings Act,' did not disclose an government or authority or for any offence. change whatsoever to be brought The Respondents have to appear about by violence, intimidation or on August 4 on the charge of not Qomp~nsation demand force of any nature . .'They are 'all having notified a Magistrate peaceful and permissible objects', beforehand of the meeting on April ed that charges were laid with both Katondoka. J udge Levy said. 21. BY CHRIS SHIPANGA the Oshakati Police and the office The families also requested the of Mr Peter. Kalangula. head of Koevoet to seriously warn According to a sworn statement his men against such actions. SEVEN FAMILIES from Epembe, by the pastor and Mrs Katondoka, When approached for comment, .Y oun·g boy 'roasted' Etsapa, Omuhongo and handed in at Mr Kalangula's office, a Captain Fouche from the office Onanyama areas in the Ondangwa Continued from page 1 She said she explained that it was members ofthe Counter Insurgen­ of Brigadier Dreyer said 'we ex­ only her son Titus and ' his friend district in northern Namibia have cy Unit, better known as Koevoet, clusively deal with security matters. demanded compensation from the pain and they threw me onto my Hafeni and that they were going to wantonly drove through the Such criminal acts are dealt with by back and left,' the boy said. fetch an other friend of theirs. chief of Koevoet, Brigadier Hans mahangu fields of seven families on the South West Africa Police.' Dreyer for the alleged destruction 'My friends helped me home and 'The makakunyas told me that June 1, 1986, destroying crops. A spokesman from the South when we arrived my back was they were going to find out and of their mahangu fields and pro­ The statement said four Casspirs West Africa Police in Windhoek copletely swollen with parts of the would come back and f... .. me up. perty by Koevoet members in four were involved in the ac.tivities, said: 'If such incidents are skin falling off: My mother im­ After some time my son came back armoured vehicles. moving from house to house, reported, we do investigate, and as mediately took me to the Onand­ with his back completely swollen destroying private property in the always bring those responsible jokwe Hospital,' said Titus. with burns, and I took him to Despite a denial by Inspector process. before a court of law. I can assure The boy's mother Mrs Annah hospital. Smith of the Oshakati Police say­ Those demanding compensation you that we compensate 99 percent Johannes in a separate statement 'I call upon the security forces in ing 'I do not know who you are, were Messrs Nambili Hangula, Im­ of such complaints if we find that confirmed the incident saying many the nortH to please stop these un­ such complaints were not manuel Sacharias, Naftali .security forces were conducting makakufJyas arrived earlier at her christian and uncivilised methods reported,' Pastor Nabot Imene Kaulungamenwa, Johannes Moses, follow-up operations and in the kraal asking~ who the' people were before it is too late,' Mrs Johan­ from Omuhongo and Mrs Paulina Lukas Nambahu, ,Nashongo process had no time to drive who hC\dJeft her home. .~ nes stated. Katondoka from Etsapa confirm~ Angula and Mrs "'~na around mahangu fields.' 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