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PRELIMINARY NOTES ON THE TRIAL : THE STATE YS. AARON MUSHIMBA AND FIYE OTHERS

by Ralston Deffenbaugh~ Jr.

INTRODUCTION

I have entitled this "Preliminary Notes" for two main reasons, both of which have a great bearing on the accuracy and reliability of what is written be­ low. The first reason is that this material is taken from my notes and mem­ ory of the court proceedings; I have not yet had the opportunity to consult the offical record. The second reason is that I missed several court days in March; and thus have only a second-hand knowledge of what transpired those days.

CHRONOLOGY

August 16, 1975 Chief Minister Philemon Elifas of Owambo lS murdered. August-October 1975 Wave of arrests In , in which some 30-odd persons are detained, allegedly in connection with the murder. Many are released after several weeks. November 20, 1975 Erwin N. Griswold of the USA is allowed to see 7 of the detainees and is told that these people will be charged. He is told the other detainees will be witnesses. November 27, 1975 six persons are charged in with violation of the Terrorism Act, all but one of those visited by Griswold. December 1-2, 1975 The six persons appear in the Windhoek Su­ preme Court before Judge President Baden­ horst and two assessors. Trial date is set for February 16, 1976, and case transferred to Swakopmund. February 16, 1976 Trial opens in Swakopmund before Justice Strydom, without assessors. Each of the six accused pleads not guilty. The State advocate, Chris Jansen of Grahamstown, opens the State case. The defendants are repre­ sented by Dr. Wilfred Cooper of Cape Town and Hans Berker of Windhoek, instructed by Lorentz & Bone of Windhoek, Colin du Preez, Attorney. 2

March 4, 1976 Court is adjourned until March 15 so that defense m~ consult witnesses in Ovamboland. March 15, 1976 Adjournment extended until March 17. March 17-18, 1976 State case proceeds, adjourned until March 22, 1976. March 22, 1976 Adjournment extended until April 5, so that defense can consult people on Robben Island and in the Republic. April 5, 1976 Court reconvenes; State closes its case. April 6, 1976 Defense opens its case. April 20, 1976 Defense closes its case, with provlslon that it may call one more witness if nec­ essary. Adjournment until April 26 to enable lawyers to work on final argument. April 26, 1976, 1976 Defense calls no more witnesses. state opens its final argument. April 27, 1976 State finishes its final argument, acknowl­ eding that it had proved no case against Nangolo. Nangolo is found innocent by the judge. State replies to the written "heads of argument" prepared by the defense re Mushimba, before the defense has made its argument orally. April 28-30, 1976 Defense gives its final argument. April 30, 1976 Court adjourned until May 11 so that judge may consider his decision. May 11, 1976 Judge Strydom gives his verdict: Mushimba, Shikongo, Nambinga, and Nghihondjwa are guilty; Nombowa is not guilty. State leads two witnesses in aggravation of sentence. May 12, 1976 Defense and State give sentencing arguments; State asks for death. Judge Strydom gives his sentence: Nambinga - 7 years; Nghihondjwa - 5 years; Mushimba and Shikongo - death. Leave to appeal is denied. Court is adjourned for the last time. 3

THE CHARGES

Aaron Mushimba, 29, Lutheran, travelling salesman living in Windhoek, was charged with having purchased a Land Rover which he handed over to a person for delivery to persons whose purpose it was to overthrow the SWA Administra­ tion with force. He is also charged with handing over R380, a radio, and blankets to the same person for the same purpose.

Andreas Nangolo, 53, Lutheran, shopkeeper in Windhoek, is charged with having purchased a Land Rover which he handed over to a person for delivery to persons whose purpose it was to overthrow the SWA Administration by force.

Hendrik Shikongo, 28, Catholic, clerk in an Ovamboland shop, is charged with having given transport to three men to the scene of the murder of Elifas, knowing that the men's purpose was to kidnap or cause bodily harm to Elifas.

Rauna Nambinga, 24, Lutheran, nurse at Engela Hospital, is charged with having given R10 herself, and with having collected RlO each from two others, for delivery to persons whose purpose it was to overthrow the SWA Adminis­ tration by force. In addition, she is charged with having visited a group of such persons in Angola and given a dress, soap, and sanitary napkins to one of them.

Naimi Nombowa, 28, Lutheran, nurse at Engela Hospital, is charged with having given R10 to a person for delivery to persons whose purpose it was to over­ throw the SWA Administration by force.

Anna Nghihondjwa, 23, Lutheran, nurse at Engela Hospital, is charged with having given R10 to a person for delivery to persons whose purpose it was to overthrow the SWA Administration by force.

Each of the accused is charged with having violated Article 2(1) (a) of the Terrorism Act (Act No. 83 of 1967) or, in the alternative, Article 3 of the same Act.

Each of the defendants lS a member of SWAPO.

DAY-BY-DAY SUMMARY OF THE TRIAL

Day 1 February 16, 1976 Trial begins. Defendants plead not guilty. Prosecutor's opening statement says that the blue Land Rover purchased by Mushimba was used in the murder of Elifas and was later captured by SA troops. Several witnesses are called: the auto dealers who sold the Land Rovers, the Army major who captured the one, policemen who delivered evidence to Pretoria, the ballistics expert who examined the Elifas bullets (and who could no longer produce his test reports).

Day 2 February 17, 1976 An Ovamboland shopkeeper testifies that he saw both Mushimba and Shikongo 4

in Ovamboland. The dealer who sold the blue Land Rover returns with his cal­ endar (on which he had noted the sale), which had been altered between then and now. Emmanuel Elifas, brother of deceased, recounts the events of the 16th of August, saying Shikongo was in the store shortly before the shooting.

Day 3 February 18, 1976 Thomas Fillipus, the owner of the store where Elifas was shot, and Paulus Nampala, nephew of Elifas, recount the events of August 16. They say they could clearly see Shikongo's car arrive and where it was parked and what colors it was (dark blue with a white stripe) even though they were in a lighted room looking out a window into the darkness.

Day 4 February 19, 1976 Prosecutor refuses to tell defense which witnesses will or will not be called. A policeman who investigated the scene just after the murder testifies, but his original sketches have been destroyed and the copies are inaccurate. The autopsy doctor reports on the deceased (two bullets, one through abdomen, one through shoulder), but he didn't do a blood test. Festus Shaanika testifies that he brought Nicodemus Mauhi and 2 strangers to Shikongo on the 16th, that Shikongo greeted the strangers in a familiar manner, and that he had had no contact with Elizabeth Namunjebo (the Queen) that day.

Day 5 February 20, 1976 Entire day spent in cross-examination of Shaanika, casting great doubt on the account of his movements on the 16th. Much time is unaccounted for, and at one point he said he stopped at a 15 km signpost, which do not exist in SWA. He had been in detention from September until the time of his testimony.

Day 6 February 23, 1976 Sam Shivute, prominent Swapo member, testifies that on the evening of the 16th he was with Ruben Hauwanga at a house when Shikongo arrived. He over­ heard the conversation between the two, although he did not take part. He said that Shikongo said that he had taken two Swapomembers and Mauhi to the store, gone in, came out and drove away, bu.t returned when he heard shots. His passengers were gone already, however, so he left also. Shivute had been in detention from August 17 until his testimony. Then Josef Sagarias (Ice Cream) testified that he and Nangolo had purchased a Land Rover together.

Day 7 February 24, 1976 Sagarias says the Land Rover was to be used inside Namibia in the transport of children on their way to Zambia. (This witness was not released after testifying). Titus Shiluua, a teacher, then testified that he saw Mushimba in Ovamboland in May, 1975. Saimi Kamati and Anna Hasheela, who were nurses at Engela, say that there were Swapo meetings at Engela in the first half of 1975, that collections were taken to help people who had fled over the border, that defendants Nambinga, Nombowa, and Nghihondjwa visited over the border. Hasheela says she was asked by Rauna Nambinga to give for Swapo soldiers in the field and she gave R10. 5

Day 8 February 25, 1976 olivia Mbangula and Eva Mwandingi, nurses at Engela, testify. Mbangula ss\ys that Rauna came to her and solicited RlO for the soldiers in the field, and told of her (Rauna's) trip to Angola. Under cross-examination she said the money was for "brothers and sisters", not soldiers. Mwandingi said that she went to Swapo meetings, visited Angola, and gave RlO. There was a soldier by the refugees she saw in Angola.. There were Unita soldiers by the border gate. Under cross-exam she said the last time she was interrogated by the police was just before testifying, by Lt. Dippenaar, the investigating of­ ficer in this case.

Day 9 - February 26, 1976 Kaino Malua, nurse at Engela, testifies that she visited Angola and saw soldiers, and that it was she who gave the soap and sanitary napkins. She also attended the Swapo meetings and gave RlO. Under cross-examination she said that she had been tortured on October 22, 1975, having been suspended for 8 hours from the ceiling by means of a chain attached to her right wrist, with just her toes touching a wooden block on the floor. She said the police tore up her statement and only accepted a later false one. Then Elizabeth Namunjebo (the Queen) testified that she had seen Victor Nkandi arrive in Ovamboland with the blue Land Rover in August. She said that Shikongo came to her the night of the 16th and said "We've murdered the chief !" but later changed the words to "The chief is finished."

Day 10 February 27,1976 Entire day spent in cross-examination of Namunjebo. There is a dispute about when she last talked with defendant Mushimba, and about what the exact words were that Shikongo used. Mauhi and the 2 strangers were her visitors. She fiddles a lot with her story.

Day 11 March 1, 1976 Defense says that Shivute's testimony was not completely translated, asks that the complete translation be inserted into record, and proposes recall of Shivute. Victor Nkandi is called but refuses to testify, saying at one point he was made to stand for 4 days and nights without sleep and would rather be in the dock than testify. He is sentenced to 12 months for con­ tempt of court. A black security policeman testifies that he received some cassette tapes after arresting the Queen, which were at her house. A police interpreter then testified that he translated and transcribed the tapes into Afrikaans. The tapes, which allegedly were given to the Queen by a terror­ ist, are played. They contain Swapo songs.

Day 12 March 2, 1976 The judge rules that the tapes are admissible in order to show that the person who gave them to the Queen is a terrorist. The tapes continue, and the translator also reads some translations of letters captured in the "Operational Area." Axel Johannes is called to testify but refuses to do so, saying he has been held 200 days in detention and should be among the ac­ cused instead of testifying against them. He also receives 12 months for contempt of court. A motion to have the prosecutor give the defense the statements of witnesses the State will not call is denied. Nelson Kavela 6

testifies that 13 years ago he began training as a Swapo terrorist, residing in such places as Tanzania, Russia, and Zambia. 10 years ago he returned to SWA and engaged in several skirmishes. He was held in detention from 1969­ 72 without charge.

Day 13 March 3, 1976 Defense disputes relevance of Kavela's testimony. Security Policeman Joachim Schoon reads the latest issue of the Kalahari Pilot, a Swapo publication from London. Security Policeman Gert Dippenaar, the investigating officer in this case, says that he arrested Shikongo, ordered the arrest of the nurses, in­ terrogated Mushimba, took documents from the blue Land Rover which was cap­ tured by the Army, which was used in the murder, and which was purchased by Mushimba, and reads from the documents.

Day 14 March 4 2 1976 Dippenaar continues. Among the documents in the Land Rover was a diary of one Dimo Amambo, allegedly the second-in-command of the Namibia Liberation Army, in which it says that Elifas was killed by Swapo soldiers. Policeman LeGrange testifies that he went by Shikongo's house twice each hour on the night of 16-17 August but Shikongo's car wasn't there.

Day 15 March 15 2 1976 Adjournment extended to March 17.

Days 16-17 - March 17-18 Cross-examination of Dippenaar; Toivo Shiyakaiya, secretary to Elifas, tes­ tifies on the history, organization, and activities of Swapo.

Day 18 March 22 2 1976 Adjournment extended to April 5.

Day 19 April 5 2 1976 Cross-examination of Shiyakaiya, in which he says that Elifas's party (the Owambo Independence Party) was the only legal party in Ovamboland, that the Owambo Cabinet asked for the churches to report on the reason for the 1974 exodus, and that Elifas had made speeches saying how the sons and daughters over the border suffered. Cross-examination of Ferreira, in which he acknow­ ledges that Swapo wasn't responsible for all the ills in SWA, and shows that there is a lot about Swapo he does not know. A motion to recall witnesses Fillipus, Nampala, LeGrange, Namunjebo, and Shaanika is denied. The State closes its case.

Day 20 April 6 2 1976 Defense moves for discharge of defendant Nangolo. Motion denied. First two State witnesses, a shopkeeper and a cafe owner, begin to build pattern of where Shikongo was at various times on the 16th.

Day 21 April 7 2 1976 Two more witnesses testify about having seen Shikongo on the 16th, throwing 7

doubt on the evidence of Fillipus, Nampala, and LeGrange.

Day 22 April 8 , 1976 Judge gives up idea of separating the trial after it is brought to his at­ tention that that would involve starting each trial again from scratch. An Ovamboland doctor of medicine testifies that on the morning of the 16th the Queen asked him to take two visitors to the shop of Fillipus that evening, but that he couldn't do so. A few days later she asked him to forget about the request. A garage worker says he was with Shikongo at a certain time and place on the evening of the 16th. Helena Hauwanga testifies that she slept with Shikongo the night of the 16th at his house, and that the car was outside all night, thus casting doubt on LeGrange.

Day 23 April 9, 1976 Shikalepu Shanika, a barber, says that he was with Shikongo all afternoon on the 16th, that he's never heard of Festus Shaanika, and certainly did't see him that day. Hendrik Shikongo, the defendant, tells his story. The Queen had asked him to take the 3 men to the shop, and he did so. He knew Mauhi well, but had never seen the other 2 before. He thought they just wanted to speak with Elifas. He got into an argument with Fillipus and left, leaving the other 3. As he came back a bit later to pick them up he heard shots, got scared, and drove off. He never saw them again.

Day 24 April 12) 1976 Shikongo completes his direct examination and begins cross-examination. Al­ though he answers questions in a roundabout story-like way instead of direct­ ly, he sticks to his story and is not shaken.

Day 25 April 13) 1976 Cross-examination of Shikongo continues. His story does not change. The judge criticizes him for not having gone directly to the police when he heard they were looking for him. Shikongo says he was home all night and they could have found him there.

Day 26 April 14) 1976 Cross-examination of Shikongo ends. Prosecutor alleges a huge consplracy to kidnap ethnic leaders (including Elifas, the present Chief Minister Ndjoba, and Clemens Kapuuo) and make them do propaganda broadcasts over Radio Zambia. The plot was botched and Elifas killed instead. Shikongo's role was to have been that of spying on Elifas' whereabouts and transporting the culprits. Mushimba was supposed to have supplied one vehicle and also participated. Shikongo denied any knowledge of such a conspiracy, saying that if it is true, he did not know about it. Then Shikongo's cousin, who shared the house with him, testified in collaboration of Shikongo's account of his movements on the 16th. Then defendant Rauna Nambinga took the stand and told her story, which was that the nurses at Engela did indeed take up a collection for the brothers and sisters over the border, but that it was for refugees not for soldiers. She visited Angola and saw a large (40-50) group of refugees, but no soldiers. 8

Day 2'7 April 15, 19'76 Nambinga finishes her direct and cross-examinations, and her story is not altered. Defendant Naimi Nombowa takes the stand. She also says that there were collections for the refugees over the border and that she visited Angola, but she saw no soldiers other than Unita ones and the collection was for the brothers and sisters who were suffering, not for terrorists. She is also unshaken on cross-examination. Defendant Anna Nghihondjwa takes the stand and gives a similar account of the events at Engela. The collec­ tions were not for soldiers, but for the people who suffered.

Day 28 April 20, 19'76 Completion of cross-examination of Nghihondjwa. She is unshaken. Defense again moves for an inspection in loco in Ovamboland, and for the recall of witnesses Shivute, Fillipus, Nampala, Namunjebo, LeGrange, and Shaanika. The motions are again denied. Defense then closes its case, subject to the possibility that it may call one more witness. Court adjourned until April 26 so that lawyers can work on their final arguments.

Day 29 April 26, 19'76 Defense will call no more witnesses. Jansen begins his final argument for the State. His pattern is to comment on each of the witnesses concerning each accused, first as to the impression they gave and then as to the sub­ stance of their testimony. Invariably State witnesses are truthful and re­ liable, their inconsistencies the understandable result of human fallibility. Defense witnesses, however, are either irrelevant or deliberately misleading the court. Completes argument as to Mushimba and gets halfway through Shikongo's case.

Day 30 April 2'7, 19'76 Jansen completes his argument. He acknowledges that he has not proved the case against Nangolo, and the judge then adjourns the court to consider Nangolo's verdict. Upon reconvening he finds Nangolo not guilty because of the lack of evidence of all elements of the "act" of terrorism charged, nor that Nangolo was present when the allegedly false name was signed by Usko Nambinga. Jansen then proceeds to comment on the heads of argument (an out­ line summary of the final oral arguments) of the defense concerning Mushimba. (In effect, here he was allowed to reply to an argument before it was given.) When he finishes the section on Mushimba, court is adjourned.

Day 31 April 28, 19'76 Cooper begins the defense's final argument by noting certain overall features deserving comment: 1) no conspiracy was alleged and there is no evidence of one; 2) there is no admissible evidence that Swapo killed Elifas, the court is still in the dark as to the identity of the assassins; 3) Swapo is an emotive factor, don't let it cloud the issues. What has the State proved? 4) the State has held the cards, and held them closely; 5) The method of investigation was shoddy in many re~ects; 6) the opening statement was not detailed, placing the defense:[n the position of unearthing l~ads ~~Ing the trial; '7) the issues were not clearly spelled out. Cooper then cites certain overriding legal rules, argues again on the admissibility of the Land Rover documents and those detailing general Swapo activity, and then begins the 9

argument for Shikongo, saying that the situation and the question of relia­ bility of witnesses is much more complex than detailed by the State. Nangolo 1S told he'll be re-arrested, but later told he won't be.

Day 32 April 29 , 1976 Cooper completes his argument for Shikongo, noting the dangers of c1rcum­ stantial evidence and submitting that the suspicion against Shikongo is not strong enough and he should be acquitted. Berker gives the final argument for Mushimba, saying that there are three elements to the "act" with which he is charged: a) purchase of the vehicle, b) handing it over to Victor Nkandi, c) handing it over with the intent that he should give it to per­ sons whose aim was the overthrow of the government; and submitting that the State has not proved the last two elements, indeed there is a lack of evi­ dence. Cooper commences final argument for Nambinga, Nombowa and Nghihondjwa. Goes through the evidence of the five nurses who testified for the State and contends that the evidence is internally inconsistent and so confused that one cannot get a clear view of what happened at Engela from these witnesses.

Day 33 April 30, 1976 Cooper completes argument for the three nurses, contending that, although their testimony is blemished, they give vastly more consistent and plausible account of events than the State witnesses - so much so that if the burden of proof were on the defense, instead of the State, he is confident that the burden would be discharged. Arguing purely alternatively, he also contented that the State had not proved that they intended to endanger the mainten­ ance of law and order, but that the defense had proved that their intent was one of passion and help for people in need. Thus they even discharge the onus of the presumption of Section 2(2) of the Terrorism Act. Jansen replies briefly to the legal points, and court adjourns until May 11.

Day 34 May 11, 1976 The court's judgment. The first hour and half is spent summarizing all the evidence of Swapo documents and Swapo activities. Then the judge goes on to a summing up of the charges and testimony of each accused. As for Shikongo, the State witnesses are accepted as reliable and the defense witnesses save one as unreliable and untruthful. As for the nurses, the State witnesses are accepted as reliable and the accused not. The State has fulfilled all the elements of the charge against Nambinga and Nghihondjwa, but not against Nombowa. She gave before she went to Angola, and thus it is possible that at the time she gave she did not have the necessary intent, to help terror­ ists. As for Shikongo, the only possible assumption to be drawn from the" evidence is that Elifas was killed by Mwahi and his two friends, and that Shikongo gave them knowing aid. As for Mushimba, he bought the car, the only possible assumption is that he handed it over to Victor Nkandi, and, as for the third element, the defense led no evidence as to how it got to a group of Swapo terrorists who fired on S.A. troops, so the only possible assump­ tion to be drawn is that Mushimba, a high Swapo member, intended that it be used in such a way. Mushimba, Shikongo, Nambinga, and Nghihondjwa are guilty. Nombowa is not guilty. 10

Then, after a short adjournment, the State introduced two witnesses in ag­ gravation of sentence. Both were security police colonels. The first, Carel Coetzee of Johannesburg, said that he was at present investigating a number of terrorist incidents in SWA. The second, Willem Schoon of Oshakati, Ovam­ boland, read a list of some 59 terror incidents which have occured in SWA since last July.

Day 35 May 12, 1976 The defense cross-examined these two witnesses, revealing that all their evidence was based on documents, that no one had as yet been brought before a court in connection with these incidents, and that they were sub judice. No witnesses in mitigation were called by the defense. Defense then argued re the sentence, noting that all the accused are young people, first of­ fenders, not motivated by personal gain but by political beliefs. "The crim­ inals of today are the patriots of tomorrow, as has occurred in our own country since 1945." They should be punished for their own deeds, not those of others. The prosecutor then argued, noting that in the entire history of terrorism cases, from Tuhadaleni to the present, sentences of from 5 years to life have been given, but that these have not served as a deterrent. In­ deed, terrorism has increased. The security of each citizen must be protect­ ed, and he asked for the severest sentence. The court adjourned for l~ hours.

Justice Strydom started by going through the evidence of terror incidents in great detail, and noted that none of the accused had disassociated themselves from them. (When were they supposed to 7) No ideology can justify such acts. A sentence must fit three elements: 1) the violation, 2) the violator, 3) and the interests of society. In terrorism cases, the interests of socie­ ty are most important. Accused numbers 4 (Nambinga) and 6 (Nghihondjwa) know­ ingly gave both financial and moral support to terrorists. A warning must be given to others who aid terrorists. Number 4 is sentenced to 7 years' im­ prisonment. Number 6, who is different (he didn't say why), is sentenced to 5 years' imprisonment. Numbers 1 (Mushimba) and 3 (Shikongo) are different from 4 and 6. Terrorists who kill a chief and who shoot at the S.A. Army cannot expect mercy. Law and order must be maintained. Number 3's deed led to the death of the Chief Mi­ nister. Number l's led to an attack on the S.A. Army. These were knowing violations (no evidence as to this); there is no reason to give anything but the gravest punishment. The clerk asked Mushimba and Shikongo if they have any reasons why the death sentence should not be passed. Mushimba said he had no knowledge of the terror incidents and did none himself. He bought the car for a friend, not knowing what he would do with it. He asked for mercy, saying he was not a person to violate the law or harm people. He mentioned his wife and two kids and asked for imprisonment. Shikongo said that it is true that he took Nicodemus and the two strangers in his car, but he didn't know their purpose - they told him they wanted to talk with the Chief Mi­ nister. He didn't kill anyone himself, and never intended to do so or to endanger the maintenance of law and order. He also asked for mercy. The judge refused them. A policeman stood and said "Listen ! Listen ! Listen Quiet in court while the death sentence is read !" The judge then said that Numbers 1 and 3 (he said no names) should be taken to the place where they are held and hung by the neck until dead. Some women, family members, began to wail. The two men held their hands in 11

clenched fists, which were answered in the gallery. The prisoners were taken out Quickly. A crowd milled outside, and there were armed police in battle dress with dogs, but no incidents. The court reconvened shortly after to hear the defense's motion for leave to appeal. The defense asked that 1) they be allowed to appeal the four con­ victions; 2) that the record be changed to reflect error on the part of the court in not a) going to Ovamboland for an inspection in loco, and b) in not recalling certain of the State witnesses for further cross-examination, and 3) that they be allowed to appeal the sentences of Mushimba, Shikongo, and Nambinga (Nghihondjwa received the minimum Terrorism Act sentence). Without adjourning to consider the motion the judge said that he did not see a rea­ sonable prospect of a higher court finding differently than he, and denied the application. Court was adjourned.

Under S.A. law the defense now has 21 days in which to apply directly to the Chief Justice for leave to appeal. They will do so. 12

RECENT EVENTS IN NAMIBIA

what follows is an extract from the June 1976 issue of "Namibia Briefing" - a modest news bulletin on Namibia produced at irreguZar intervaZs by Mr. David de Beer primariZy for the benefit of the churches in the Nether­ Zands. Mr. de Beer can be contacted through: The Werk­ groep Kairos~ CorneUus Houtmanstraat 1 7~ Utrecht~ the NetherZands (TeZ. 030/ 71 06 14).

REACTIONS TO THE SWAKOPMUND SENTENCES

There was an immediate reaction to death sentenceD imposed by a South Afri­ can administered court in Namibia, for is regarded by the inter­ national community as being in illegal control over Namibia. Mr. Gaston Thorn, Prime Minister of Luxembourg, issued a statement condemning the sentences on behalf of the European Economic Community, while the International Commis­ sion of Jurists and Amnesty International acted in a similar way. Church leaders from the United Evangelical Lutheran Church, the Anglican, Roman Catholic, and Methodist Churches, and the German Lutheran Church in Namibia issued a joint statement denouncing the sentences, as did the Lutheran World Federation. ( ... )

SECURITY POLICE SPIES IN DEFENCE LAWYERS' OFFICE

In the first week of June the Namibian legal community was shocked to learn that one of the partners in the firm of lawyers defending the SWAPO accused had spied for the Security Police. He and two secretaries working in the office had copied all the defence documents used in the case and supplied them to the police and prosecutor throughout the trial. The lawyers, Lorentz and Bone, are one of the oldest, largest and most prestigious legal firms in Namibia. They have now started a court action requesting that a note be added to the court record of the trial that the police had spied on the de­ fence team with the prosecutor's knowledge. with this on the record the chances of the appeal succeeding are increased. The discovery of police spies in this case makes the claim of the South African Government to have a fair system of justice look very hollow. It has also been revealed that the police spied on lawyers acting for church leaders attempting to have 13

the Ovamboland Bantustan elections of January 1975 annulled because of of­ ficial intimidation of the voters. This case could not be brought to court as the investigation was too severely hampered by the South African authori­ ties. It is also thought that the police have agents in other legal firms in Windhoek.

BORDER STRIP WITH ANGOLA BEING CLEARED

Bulldozers have started clearing all vegetation from the Angola/Namibia bor­ der as part of a 1 km wide no-man's land in an attempt to stop SWAPO guerilla activity. However, one of the bulldozers was damaged in a military attack and other equipment was captured. SWAPO soldiers gave timely warning to the Nkongo Lutheran Clinic near the border that it would be attacked because the South Africans had established a storage depot next to it. The staff withdrew, and one church worker was told by the guerillas not to continue on the road he was on as it was mined. The storage depot was completely destroyed.

CHURCH DEVELOPMENTS IN NAMIBIA

Dr. Lukas de Vries, President of the United Evangelical Lutheran Church in Namibia refused the South African Police permission to have a military funer­ al in church for a black policeman killed in a gunbattle with SWAPO guerillas. He said that the Church, which is against South Africa's presence in Namibia, was not going to allow one of its buildings to be used as a paradeground for the South African Police. This stand follows the action taken last year by the exiled Anglican Bishop of Namibia, Bishop Colin Winter, in refusing to allow priests in his diocese to take part in South African Army parades, as the army was regarded as an army of occupation by the Namibian people.

At the end of May the Anglican Archdeacon of Ovamboland, Rev. Lazarus Hau­ kongo, was stopped and detained by a South African military patrol as he was travelling to a church meeting in Windhoek. He was released three days later.

There has been a strong white backlash against the statement of the church leaders condemning the death sentences of the SWAPO members. The Nederduits Gereformeerde Kerk refused to assist in drawing up the statement, and the white German Lutheran Church criticised the two pastors of that church who did sign. The Superintendent of the Methodist Church in Namibia, Rev. Denis M'Crystal, has decided to leave Namibia after not getting a vote of confi­ dence from his white congregation after signing the statement.

The President of the Methodist Church in South Africa, Rev. Abel Hendricks, who is black, has been refused permission by the South African authorities to visit Namibia. He was due to make a ten day visit in July.

The exiled Anglican Bishop Colin Winter and his also exiled assistant Bishop Richard Wood attended a Synod of the South African Bishops in April. Because of the radical position of the church in Namibia relationships with the South African Bishops have been strained in the past. At the end of the meeting the Synod of Bishops called for the South African Government to open negotiations with SWAPO and other Namibian organisations in an attempt to 14

avoid violence in Namibia. For the first time in four yea~s the Bishops placed on record their appreciation of the "courageous stand against in­ justice" taken by Bishops Winter and Wood," and deplored the injustices per­ petrated by the South African authorities in Namibia.

WINDHOEK PROPERTY MARKET WORRIED

The company owning one of Windhoek's newest bank buildings "Swabank Building" has been declared bankrupt. Only 25 %of the office space is occupied. In addition one of the largest property developers in the Territory, Nictus, has sold a holiday project and a Windhoek block of flats back to the Administration, while it is offering to sell a suburban development project to the Windhoek Municipality. Nictus denied it was leaving Namibia, but said the sales were for "liquidity reasons". The Namibian property market has been depressed for some time.