WINDHOEK – Following the refusal of Judge Petrus Unengu to grant them leave to appeal his judgment on the special plea of jurisdiction eight alleged Caprivi secessionists are petitioning the Chief Justice to hear their appeal.
The eight claimed they were abducted from Botswana and brought to Namibia by officials from the Namibian government with the full knowledge and cooperation of the Botswana government.
Judge Unengu dismissed the appeal application last month.
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 lodged the special plea after their convictions on high treason were set aside by the Supreme Court and ordered to be retried in the High Court.
The accused except for Frederick Isaka Ntambila – who was arrested in the Zambezi Region, then Caprivi Region, questioned the High Court’s jurisdiction over them.
They 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 to forcefully overthrow 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 should be retried in the High Court.
In his judgment dismissing their application, Judge Unengu said no evidence was presented to prove abduction or kidnapping and the High Court has the jurisdiction to try them.
He also dismissed claims he misdirected himself by coming to such conclusion.
During their evidence-in-chief all of the men had the same story to tell.
They all said they were taken from Dukwe Refugee Camp where they were residing as asylum seekers to Francistown Security Prison illegally.
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 from the Centre for Illegal Immigrants they were transported to the Ngoma Border Post under escort of armed Botswana Police Force, at times assisted by the army.
According to the accused they were at all times handcuffed and leg-chained.
The case was now postponed to June 8 for the Supreme Court to pronounce itself on the petition.