By Catherine Sasman
WINDHOEK
Taking into consideration the periods already spent in custody before conviction, Judge John Manyarara at the High Court yesterday sentenced ten accused in the Caprivi secessionist case to 30 and 32 years.
With four years deducted from their sentences, Progress Kenyoko Munuma (46), Shine Samulandela Samulandela (41), Manepelo Manuel Makendano (55), Alex Sinjabata Mushaluwa (45), Diamond Samunzala Salufu (57), Boster Mubuyeata Samuele(39), and Alex Mafwila Liswani (47) were sentenced to 32 years imprisonment.
Frederick Ntambilwa (45), Hoster Simasiku Ntombo (44), and John Mazila Tembwe (40) were each sentenced to 30 years imprisonment, after five years were deducted from their sentences.
Twelve suspects were initially accused in the matter, but the State acquitted Vincent Liswaniso Siliye and Vincent Sinasi for lack of evidence.
The twelve were arrested during 2002 and 2003, after the 119 Caprivi secessionist accused were picked up.
Most of them were apprehended in Botswana, which followed several juridical challenges.
When meting out the sentences, Judge Manyarara said he would disregard the varying ages of the accused “as inconsequential”, stating that the sentences were commensurate with the enormity of their conduct.
“High treason is one of the most serious crimes anyone can commit in today’s world. Long prison sentences are called for in order to deter like-minded persons from emulating the accused and to give expression to the outrage of society at the accused’s conduct, and to protect society from them and their like for as long as a prison sentence can do it. The clear message must be visited with severe punishment as surely as night follows day,” said Manyarara.
He said the accused had attempted to put forward an “unfounded argument” that the Caprivi Region is a separate State from Namibia “when all evidence points the other way”.
“These misguided individuals hoped to be viewed as martyrs but, in truth, they are just traitors, with no regard for the safety, security and stability of the Namibian State and its inhabitants,” said Manyarara.
The accused were removed from the courtroom before the sentence was read after shouting “Viva Caprivi! Viva Muyongo!”
This behaviour, according to Manyarara, was repeated in previous court appearances, which delayed a review judgment.
Other delays, he said, were due to pre-trial proceedings, sorting out legal representation of the accused, and lengthy interlocutory proceedings that consisted of the challenge of the jurisdiction of the Namibian courts over the case.
“The accused themselves are to blame for the delay in bringing the trial to where it is today,” Manyarara said, adding that the accused took “every conceivable opportunity of showing their total lack of interest in the matter”.
“These accused went to extraordinary lengths to have the court and society at large in no doubt that they had no regrets whatsoever about what they did and given another chance, they would all ‘return to the bush’, as the saying goes, to pursue their dangerously misguided agenda. Such attitudes leave no room for consideration of prospects of rehabilitation of the accused,” said Manyarara. He said the accused also refused to address the court in mitigation of sentence.
None of the accused has previous convictions.
Those sentenced to 32 years imprisonment were found guilty of “overt acts of treason”.
Munuma was found to be part and second in command of a group that went to Angola to obtain weapons around October 1998. He allegedly also took part in activities of the Caprivi Liberation Army in 1998.
Shine Samulandela Samulandela, Alex Sinjabata Mushakwa, Hoster Mubuyeata Samuele, and Alex Mafwila were part of the original group that went to Angola and took part in activities of the Caprivi Liberation Army in 1998 and were part of the redeployment of the Caprivi Liberation Army in 2001 and onwards.
Frederick Ntambilwa, Hoster Simasiku Ntombo , and John Mazila Tembwe were not part of the group that went to Angola to obtain weapons, but were part of the redeployment of the Caprivi Liberation Army, also from 2001 and onwards.
According to State Prosecutor, Danie Small, the accused have indicated that they will appeal the sentence, which they have to do within the next 14 days.