1 August 1986

'RAPE, ;;.'OF JUS'TICE' Bar Council condemns 'ban' of murder trial ' B:Y GWEN LISTER THE SWA BAR COUNCIL has condemned the ter minalion of criminal proceedings against four whit~ members of the South African Defence Force by the South African State Pr~sident, Mr P W Botha, and the Cabinet of the interim government, saying it constituted 'a gross breach of the Rule of Law and the rape of justice in this country'. Widespread condemnation followed the 'issue' of the cer tificate, and the SW A Bar Coun cil, the Anglican Diocese, and Roman Catholic Churcb, ha~e '--' already registered their.shock at \he move, The Bar Council, chaired by Mr Bryan O'Linn, said in a press state .ment yesterday that it had taken note of an administrative act pur porting to be in terms of Section 103 ter (4) of the Defence Act 44 of 1957, in terms of which the criminal proceeding against four , white members of the SADF by the , Attorney General of Namibia for , the alleged murder of Mr Frans 1 continued on page 2 AG take'over averted A TAKEOVER of the interim goverlJment was nar rowly averted yesterday when the Full Bench of the Supreme Court ruled against an application by two interim government Ministers, Messrs Moses Katjiuongua ~nd Andreas Shipanga, who sought a court order to prevent the Administrator General, i Mr Louis Pienaar from signing the 1986187 budget. l .\, In the meantime Mr Pienaar will ahead, . PART OF THE CROWD at a massive Swapo rally in Kat ) sign the budget before midnight If the application had been tonight, and allocations to the se- utura last Sunday with an estimated audience of 10 cond tier governments will go Continued on page 3 O~O to 15 000 pe~ple. Full story inside today. -1 ----------..-------------------------------- .. --------~.. --~ Yes, we are dealing 'with the biggest lection of CURTAIN MATERIAL DRESS MATERIAL (DAY AND EVENINQ WEAR) Chelsea Fashions, DUVETS ( BEDSPREADS READY-MADE CURTAINS Your.. curtain specialists '. '. ces you can afford 103 Kaiser st Tel: 31154 WIndhoek · PO Box 21424 2 THE NAMIBI1\N FRIDAY August I 1986 'Rape of justice' Continued from page 1 been given for this action, and since Anglicans condemn 'ban' the law did not prohibit the giving , Uapota, a black Namibian in nor of reasons, the 'failure to do so in THERE HAS been widespread members of the South African issuing such a certificate, are deny thern 'Namibia during November the cir,cumstances of this case is a condemnation of a certificate Defence Force, to walk away from ing the judicial arm the exercise of 1985, was immediately terminated. further insult and injury to the issued by the South Africa'n State arraignment' . its function in a democratic socie The Bar Council registered dependents of the deceased, the President and interim government The Anglican Diocese said that ty to the exclusion of interference 'shock' at the action by the judiciary, the courts, the Atto!"ney Cabinet in terms of Section 103 ' er by the Executive'. Government of South Africa and General, the legal fraternity and the (4) of the Defence Act of 1957, to Calling on their members, and that of Namibia as they once again citizens of this country'. prevent the murder trial of four members of other religious 'not only makes a mockery of the It added that since the courts SADF soldiers from taking place. denominations to 'renounce and socalled BilI of Fundamental were prevented from establishing The four Defence Force reject this summary act of acquit Rights and Objectives incorporated the truth, 'we. have no reason to members, C J Harmse, F J Herbs, tal', the Standing Committee stated in Proclamation Rial of 1985 ... doubt the chilling account given by D F Enslin and J Fernando, ap that it was in the 'national interest' but constitutes in general a gross ' some witnesses for the purpose of peared in court in Tsumeb on June of Namibia to bring the alleged breach of the Rule of Law and the a civil action against the Cabinet of 23 but were not asked to plead to criminals to justice and to require rape of justice in this country which the interim government and the a charge of murder arising from the from those vested with authority as bodes ill for . the future of all Administrator General'. death of Mr Frans Vapota, who rulers of this country 'why such an Namibians' . was allegedly beaten to death on act should be condoned in any They pointed out the action was November 28, 1985, near way'. taken in terms of a 'notorious and Ohangwena in northern Namibia. Bishop Kauluma 'Silence on this issue will be con draconion parr of the law' which The Standing Committee of the strued as complicity in the destruc was in stark conflict with any Bill Anglican Diocese in Namibia, in the absence of the power of the tion of law and order and ' the of Fundamental Rights in civilised meeting on July 30, 'note with hor- . courts to challenge the validity of breaking down of the established countries and which remained ror that the issuing of the the said certificate, and because.the consitutional independence of the unamended, 'notwithstanding abovementioned certificate by the provisions of the said law immunise judiciary' . strong and valid appeals for its Cabinet has effectively condoned those responsible, 'we censure in They added that: 'Should justice amendment by our Bar Council the brutal killing of a Namibian the strongest possible terms both have run its course and the accus before the Van Dyk Commission citizen, Mr Frans Uapota, and has . the provision of that statute and ed in fact have been found guilty, on Security Legislation'. allowed the alleged murderers, four those servants of the State who, by the action taken.might be likened 'Even though the Van Dyk Com to aiding and abetting the then pro mission report was submitted to the ven criminals'. government already in 1985, it has not been made available to the Bar Councilor to the public and securi 'Eminent support' 'A mockery of ty laws, such as Section 103 ter of the Defence Act 44 of 1957, still Mr Frans Uapota STAFF REPORTER Bill of Rights' reign supreme', the statement said. The Bar Council then proceed THE CHAIRMAN of the I Ai He challenged those who con The law inter alia empowered the ed to relate a summary of the .cir IIGams Action Committee, Mr tinually blamed Swapo for government to prohibit any legal cumstances which led to Mr Matt Esau, said in a statement this violence, to acknowledge that proceedings against persons who Vapota's death, and in which it week that the crowd of 15 000 at violence was 'provoked by the committed the act, included acts of was alleged that Mr Vapota and the Swapo rally had showed the opposition' . murder and robbery, when such act others were 'kicked and beaten' by 'eminent support' that the move 'This was clearly proved on Sun has been, according to the State members of the SADF. ment enjoyed. day, because 15 000 people dispers President, 'advised, commanded, The Bar Council further express He also rejected the article in the ed without any violence. Was this ordered, directed or done in good ed dismay at the fact that 'the mouthpiece of the interim govern because the police and their sur faith ... and that it is in the national government has not thought it fit ment which stated that 4 000 peo rogates were evidently absent?' he interest that proceedings should not · to express its regret at the killing of ple had attended the rally. asked. be continued'. an innocent man and to apologise He said that this newspaper and He affirmed that the future of The provisions prohibit any to the wife, dependents, relatives its supporters should admit that Namibia would be determined by court from reviewing, setting aside, . and friends of the deceased and to 'Swapo is a force to be reckoned Namibians and joined Sunday's or declaring void or otherwise ques make amends to the dependents'. with. We in I Ai-I IGams will con crowd in calling for the immediate tion the validity of the certificate. They said they knew of 'no tinue to support our participating implementation of Resolution 435. The Bar Council added that in reasonable ground' for the conten group, Swapo'. this case the Government 'chose the tion that the issuing of a certificate most arbitrarY..J!nd objectionable to prevent the murder trial, was in option provided for, nullifying the the naTIonal interest, but instead FATHER BERNHARD No~ decision of the Attorney General to believed 'we have here a cover-up Windhoek buzzes with dkamp, Vicar General of the prosecute in the name of the State in its most naked form'. Roman Catholic Church, said that on charges of murder and without Meanwhile attorneys for the the issuing of the certificate by the consulting the Attorney General in family of the deceased have con rumoured takeover of Cabinet was a 'clear mockery' of the matter and ousted the Courts firmed that an application to set their Bill of Fundamental Rights, jurisdiction altogether'. aside the certificate was presently while they had the 'audacity' to say No reasons or explanation had being considered. local newspaper it was in the national interest. Reacting to the certificate which WINDHOEK newspaper circles are Mr Dieter Lauenstein, of an imminent prevents the bringing to trial of awash with speculation concerning the closure. At the time of going to press, four SADF soldiers for the alleged takeover of certain newspapers.

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