SOUTH AFRICA ON TRIAL

SOUTH AFRICA ON TRIAL - NOT VICTOR NKANDI! o 1966 Mandate over Namibia, granted to South Africa in 1920 by the League of Nations, revoked. United Nations formally assumes direct responsibility. o 1971 Advisory opinion of the International Court of Justice that 'the continued presence of South Africa being illegal, South Africa is under the obligation to withdraw its administration from Namibia and thus to put to an end its occupation of the territory'. o 1976 August 31 set as the deadline for South Africa's illegal occupation of NImibia by unanimous vote of the Security Council. In flagrant violation of world opinion, South Africa continues to occupy Namibia. Its illegal trials of Namibian patriots - in particular that of Nkandi - are a blatant example of the continuing reign of terror of the South African regime. The present negotiations between the five Western members of the Security Council and South Africa, and the relaxing of some petty apartheid legislation by the South African-appointed Administrator General for Namibia should not be allowed to divert attention from the continuing political repression in Namibia. It is not individuals who are on trial in the illegal courts of Namibia and South Africa. It is the principles and ideals which these men and women stand for. These men and women have shown that they are prepared to wage the struggle for their just cause, whatever the cost. All too often that cost is death. Steve Biko's death and that of countless others who have 'committed suicide' in detention bear cruel testimony to the South African system of 'law and order' It is vital that international pressure be brought to bear on the South African regime. International solidarity can help to free Nkandi, as it did Aaron Muchimba and Hendrik Shikongo, whose appeal against the death sentence for the same charges was upheld in March this year. BACKGROUND TO VICTOR NKANDI'S TRIAL Victor Nkandi was first arrested in August 1975, after the assassination of Filemon Elifas, Chief Minister of the Ovamboland Bantustan. Elifas was best known for his brutal public floggings of SWAPO supporters. Nkandi was held incommunicado and without charge until March 1976, when he was called as a prosecution witness at the trial of six other SWAPO militants charged under the Terrorism Act with the assassination of Elifas. Nkandi and Axel Johannes (SWAPO's Administrative Secretary) refused to testify, and instead gave evidence of the torture that they had endured. As a result, both men were sentenced to one year's imprisonment for contempt of court. On completion of their sentences, both were immediately redetained and transferred to the main interrogation centre at Oshakati in northern Namibia. Former detainees who saw the two men at Oshakati reported that both men had been badly tortured. In September 1977, Nkandi was charged, under the Terrorism Act, with direct involvement with the assassination of Elifas. No evidence of any substance has been produced. If found guilty, Nkandi will face the death sentence. Despite the inhuman and brutal treatment which Nkandi has endured at the hands of the South African police, and which he will continue to be subjected to, he showed his total contempt for the illegal South African court by giving the black power salute at the start of his trial. SWAPO Departmont of Infoimation md Publicity 21/25 Tabernade St London EC2 Tel 01-628 8677 FREE ANN U