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19 February 1988

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19 February 1988 1 ....... Mineworkers Onion of Namibia adopts resolutions· Inside DETAINEES' BASSIVE CLAIM UNION LEADERS AND SWAPO OFFICIALS HELD UNDER SECTION .SIX SUE CABINET FOR ·R365 000 ------------By GWEN LISTER------------- Angola repels SEVEN former Section 6 detainees are claiming a total of R365 000 from the interim teN urges for government Cabinet for wrongful arrest and unlawful deprivation of liberty. Six of the SADF and says seven men, consisting of trade unionists and Swapo officials, were held in detention ' restraint by from August 19 to September 11 last year; and one was held from July 24 to September 60 were killed 11 last year. The plaintiffs are Mr Daniel Tjongarero, Swapo Vice Chairman; Mr Hen­ all employers drik Witbooi, Swapo Vice President; Mr Niko Bessinger, Swapo Joint Foreign Affairs THE ANGOLAN forces have THE Secretary General of the r epelled a massive South African Secretary; Mr Ben Ulenga, Secretary General of the Mineworkers Union of Namibia Council of Churches in Namibia army offensive against Cuito (MUN);Mr Asser Kapere, Chairman of MUN; Mr Anton Lubowski, National Treasurer (CCN), Dr Abisai Shejavali, has ap­ Cu an avale, leaving more than 60 of the Namibia Food and Allied Workers Union (NAFAU); and Mr John Pandeni, pealed to all white and coloured dead and an unknown number of Secretary General of NAFAU. employers of black people in this ~ounded. This was said in a com­ country, to see to it that their daily munique issued in Luanda by Lawyers for the seven confirmed this rest and detention. ofeach ofthe plaintiffs from detention dealings with their employees Angola's Ministry of Defence week that summons had been served The second plaintiff, Mr Witbooi, (with the exception ofMr Kapere) was reflect an attitudeofpeace,justice yesterday. on the interim government Cabinet in similarly said that he had been detain­ pursuant to an order by the Supreme and human reconciliation. The SADF offensive began on Sun­ this regard. The Cabinet has one ed on the same night, August 18/19 and Court on September 11 last year. In its He said that what he had observed day with the bombing of Angolan ar­ month in which to respond ifthey in­ thereafter held at Osire. He too claims judgement, the court had found that was "imcomparable to what is suppos­ my positions by the South African tend to oppose the action for damages. an amount ofRSO 000 for unlawful ar­ the arrests and detentions of the plain­ ed to be done by the people who are call­ Airforce. The summons states that the first rest and detention. tiffs were wrongful and unlawful and ing themselves Christians". According to the communique, "the plaintiff, Mr 1Jongarero; was arrested The third plaintiff, Mr Niko Bess­ an appeal against this finding by the He said the CCN had received many invading units, which have withdrawn on the night of August 18/19 last year inger, similarly claimsRSO 000; in ad­ interim government Cabinet was complaints from black Namibians over to defence lines east of Cuito by members of the South West African dition to claims ofR50 000 each by Mr - subsequently dismissed by the Full several years, about the often brutal Cuanavale, also lost two aircraft, 15 Police, acting on the instructions of Ben Ulenga;Mr Anton Lubowski and Bench of the Supreme Court on treatment they received at the hands AML-90 armoured cars, eight tanks· Colonel Gerrit Badenhorst. He was Mr John Pandeni. The fifth plaintiff, February 1 this year. of especially white employers. Many, and other vehicles as well as military thereafter held at Osire Siid, near Ot­ Mr Asser Kapere, who was detained for he said, had been degraded and equipment, in addition to the jiwarongo, and "wrongful1y and a longer period than the other six, is No member of the interim govern­ dehumanised and beaten up. casualties suffered by the armed Unita unlawfully deprived of his liberty" claiming an amount of R65 000. He ment Cabinet was available for com­ "As we struggle for ajust society in bands accompanying them". from a period ofabout three weeks. He .was arrested on July 24 at Arandis and ment at the time ofgoing to press as to this country the white and coloured Losses on the Angolan side were 25 had sustained damages in the amount detained both at Arandis and Osire. whether they intended to oppose the employers ought to get rid ofthe old life ofRSO 000 by reason ofthe unlawful ar- The summons stated thattherelease' application. Continued on page J -----------By MBATJIUA NGAVIRUE----------- TWO PROMINENT Swanu (P) members, Mr Kuzeeko Kangueehi, and Mr U siel Tjijenda, appeared briefly in the Gobabis Magistrates Court on Tuesday of this week charged with incitement to commit public violence. The two were later released on bail of R500 each, and confiscation of Mr Kuzeeko Kangueehi their passports. Mr U siel Tjijenda The two men were told that the At­ Mr Kangueehi, who is the President who told them that they were under ar­ Court on April 5 and imposing bail of that they could phone people in torney General had ordered that they ofSwanu (P), and Mr1Jijenda, the N a­ rest and for that reason could not be R500, he also ordered that they sur- Gobabis who in turn could then phone appear in the regional court on April tional Treasurer, were picked up by allowed to travel on their own. Colonel render their passports. their associates inWindh<,>ek. 5 and they were then released on bail police at their homesat 05h30 on Tues- Nel accompanied them to Gobabis Mr Kangueehi and Mr 1Jijenda told . of R500 each. day morning. where he handed them over to the local· the magistrate they had been dragged 1:he two m~n insisted th~t . they dId not warit to conpuct bus~ne'ss as impor­ The charges relate to statements the The policemen told them that they poli~e and ordered that they should be out of their beds at 05h30 and therefor~ tant as th~t ~hr~)Ugh thir!lp~ies)md two are alleged to have made at a had been instructed by Colonel Willem charged. could not be e:x;pected· to be .carrying only ~fter persist~nt ' re<iuests were public meeting in Gobabis on 24 May Nel to take them to the Magistrate in The Swanu (P) leaders then had their passports. 1987. Gobabis. They asked whether they could.use they allowed to telephone WIndhoek fingerprints taken and they had to directly. A police spokesman confirmed that Both men had asked why they hand over any money in their posses­ telephones at the courts to 'contact they had been arrested under Article couldn't travel to Gobabis of their own sion and watche·s. friends and family in Windhoek to A Police spokesmen refused to 18 (2a) of the Riotous Assembly Act and accord and in their own cars if.the They appeared before the Magistrate raise bail money and travel disclose the exact remarks at the for inciting the public to violence Magistrate wanted to see them. at 09hOO. Apart from informingthem documents. This request was initially public meeting which had led to the ar­ under Act 17 of 1956. They were then taken to Colonel Nel that they had to appear in the Regional refused by the ~agistrate who said rest of the two men. Illegal for SAD' to detain says eourt -~ THE DEFENCE Act does not Mariental detainee, Pinehas Aluteni, of several civilians at Cassinga was dicating that the nature and &Cope of empower members of the against the Cabinet and the Minister BY CHRIS SHIPANGA unlawful. the "powers sought to be implied:' are SADF .to arrest and to detain of Defence. Another Supreme Court Judge, Mr neither precise nor obvious. persons, the Windhoek Mr Aluteni and about 135 other per­ theSWATF. Justice Chris Mouton took an opposite He consequently upheld the ruling sons were arrested by the SADF and He further alleges that in the period view, namely that the powers for the ofMr Justice Berker that there is an Supreme Court ruled this May 4, 1978 to May 24, 1984, he was SADFto arrest and detain would "flow week. detained without trial for over six absence ofexplicit language in the Act, years at the Keikanaxab Military Base wrongfully and unlawfully detained naturally, in the sense of necessary im­ authorising members of the SADF to The question ofthe'legality of the near Mariental, and were freed in 1984 and assaulted at Oshakati and plication, from activities for the arrest and detain persons. SADF to arr~st and detain persons for shortly after a Court application was Mariental by members of the SADF prevention or suppression of The ruling by Mr Justice Mostert the "prevention or suppression ofter­ brought for their release. and/or SWATF. terrorism." this week also applies to legal argu­ rorism;' arose from an action by the The application was "banned" by Making his ruling this week, Judge Judge Mostert further pointed out ment in respect of a similar claim by SADF at a Swapo refugee camp, Cass­ order oft-he South Mrican State Presi­ Mostert referred to the case of that the matter came before the Ap- " Mathias Shikongo, heard inga, in southern Angola; on May 4, dent, and the Supreme Court upheld Kauluma and others versus the peHate Division some years later, simultaneously, who was also alleged­ 1978. the "ban." Minister of Defence and others, in when the Chief Judge Mr Rabie com­ ly seized in Angola and subsequently Mr Acting Justice Anton Mostert, The complainant alleged that he was which the Judge Presidentofthe Win­ paring it to statutes ofthe Police Force, detained from May 14, 1986 to arrived at this finding after consider­ wrongfully and unlawfully I1ITested at dhoek Supreme Court, Mr Justice setout the Defence Actandposed many ingthe particulars ofa claim by former Cassinga by members ofthe SADF and Hans Berker ruled that the detention questions concerning the Act, in- Continued 2 Friday February 19 1988 THE NAMIBIAN Not true that South African NEW DEPUTY TO fishermen are,taking jobs ATTORNEY GENERAL A PRETORIA man has been ap­ pointed to the post of Deputy At­ of locals, says Ewert Benade torney General for Namibia by the interim government Cabinet.
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