WINDHOEK – The special plea of the nine men whose convictions on high treason were set aside by the Supreme Court, and ordered to be retried in the High Court, was dismissed on Friday.
High Court Judge Petrus Unengu dismissed the special appeal by the nine treason accused.
Eight of the nine – excluding Frederick Isaka Ntambila, who was arrested in the Zambezi Region, then Caprivi – questioned the High Court’s jurisdiction over the treason accused.
They claimed they were abducted from Botswana and brought to Namibia by officials of the Namibian Government with the full knowledge and cooperation of the Botswana Government.
Judge Unengu said no evidence was presented to prove abduction and or kidnapping and that the High Court has the jurisdiction to try them.
Progress Kenyoka Munuma, Shine Samulandela Samulandela, Manuel Manepelo Makendano , Alex Sinjabata Mushakwa, Diamond Samunzala Salufu, Hoster Simasiku Ntombo, Boster Mubuyaeta Samuele and John Mazila Tembwe are charged with counts of high treason, sedition, public violence and the illegal importation of weapons and ammunition.
It is alleged they took part in a conspiracy aimed at violently overthrowing the Namibian Government in the former Caprivi Region between September 1998 and December 2003.
They were already convicted of high treason in July of 2007 and sentenced to jail terms ranging from 30 to 32 years. The convictions and sentences were however set aside by the Supreme Court in July 2014 and it was ordered that they be retried in the High Court.
All of the men had the same story to tell.
They all said that they were illegally taken from Dukwe refugee camp where they were residing as asylum seekers to Francistown security prison.
From there they were transported to the centre for illegal immigrants also in Francistown where they were detained unlawfully on the request of the Namibian authorities.
They said that from the centre for illegal immigrants they were transported to the Ngoma border post under escort of armed Botswana Police Force members, at times assisted by the army.
According to the accused they were at all times handcuffed and leg-chained.
The case continues in January when the nine are expected to plead to the charges.
By Roland Routh