Lawyers describe circumstances of treason convicts

Home National Lawyers describe circumstances of treason convicts

Windhoek

Lawyers for the 30 men convicted of high treason, among other charges, on Friday started to inform the court about the personal circumstances of the men believed to have carried out the deadly attacks in Katima Mulilo on August 02, 1999.

First up was Patrick Kauta who spoke on behalf of Bollen Mwilima Mwilima, Alfred Lupalezi Siyata, Charles Nyambe Mainga and Matheus Muyandulwa Sasele.

According to Kauta, Mwilima is 65 years old and married with five children. Before his arrest he was a teacher and owned a house at Linyanti village.

He further said that Mwilima is suffering from acute high blood pressure as a result of the beatings he received at the hands of the security forces.

According to Kauta, his client did not personally participate in the attacks.
He said the same about Siyata who was employed as a security officer at the ministry of works.

According to Kauta, his client cooperated with the police despite the severe beatings he received.
Kauta further said that Siyata has three children with one still in school – Grade 8 – and also suffers from high blood pressure, which is exacerbated by his continuous incarceration.

Mainga also did not physically partake in the attacks, Kauta stressed, and said that he contracted diabetes and high blood pressure in jail.

According to him Mainga, 54, was gainfully employed at Telecom Namibia before his arrest and suffers from asthma. His three children are suffering because he is not there to guide them, Kauta said.

Matheus Sasele, 57, who is a former police officer is also married and has seven children, three of whom are still at school. Kauta said they are also feeling the pinch of his continued incarceration.

According to Kauta, Sasele also suffers from chronic and acute diabetes, high blood pressure and gout.
Lawyer Clive Kavendji addressed the court and said that his client Aggrey Makendano who is a former teacher furthered his studies during his incarceration and obtained a BA degree.

His wife divorced him during his time in jail and he has five children of whom two dropped out of school due to financial constraints.

George Liseho was only convicted of illegally entering Namibia and Kavendji said that he is a widower with three daughters. According to Kavendji, Liseho is a communal farmer whose only wish is to go back to his village and continue with farming.

Advocate Christopher Dube’s client Moses Chicho Kayoka wants mercy from the court and said that he was also severly assaulted by the security forces. He said that he has no formal education and made a living as a communal farmer. He is a first offender at the age of 65 and three of his children passed away while he was in custody.

Richard Misuha, 59, told the court that he has five children and also looked after his mother who is now 82 years old.
Before his arrest he was a successful communal farmer.

Bennet Mutuso who is represented by Jonathan Samukange told the court that he is now suffering from a condition called ‘short foot’ after he was shot in the leg by the security forces.

He has four children and his wife is unemployed.
Charles Mushakwa is also one of Samukange’s clients and is 54 years old. He has three daughters who is all destitute since his father who cared for them passed away in 2012. He was severely affected by the assaults perpetrated on him by the security forces to the extent that he could not attend court proceedings for a continuous period of six months.
Chica Adour Mutalife who has previous convictions is one of the youngets of the convicts.

He was only 19 years old when he was arrested and informed the court that he does not associate with the ideologies of the UDP. He said that he comes from a poor background and only went to Dukwe in Botswana to further his education. According to him his father was also arrested and died while in custody. He has six younger sisters who are being cared for by family members and friends and wants to go home to take up his responsibility to care for them as the only son of his late father.

While he denies having taken part in the attacks, he said he is sorry and seeks remorse.
Kingsley Mwiya Musheba also said he is sorry for the lives that were lost, but maintained as well that he did not kill anyone. He told the court he only wants to go home to sustain himself and his family including his five children.
One of the so-called kingpins of the failed cessation atempt, Geoffrey Mwilima, told the court that he has 10 children including his brothers’ three children he adopted, and 20 grandchildren.

According to Mwilima he is sorry for the loss of life and has remorse about what happened although he did not partake physically in the atttack.

He asked the court for leniency and said that his continued incaceration had caused his family to disentegrate.
He suffers from acute diabetes and kidney failure and has to undergo dialysis treatment every week.

His doctors have recommended a medical parole, according to papers filed by his lawyer George Neves.

Another one who was only convicted of contravening the Immigration Act was Oscar Puteho who is currently free on a warning. According to his lawyer Greyson Nyoni, he has already paid his dues due his his incareceration of 16 years.

He informed the court that Puteho has seven children who is looked after by his sister. His wife deserted him after his arrest and he contracted diabetes and kidney problems as a result of the assaults he suffered.

Another of Nyoni’s client’s, Osbert Mwenyi Likanyi, said that he suffered a broken nose because of the assaults perpetrated on him. He said that he has four children who suufer, as his wife passed away while he was in custody.
Rodwell Mwanabwe, 43, a client of Victor Kachaka informed the court that he was not married at the time of his arrest, but that he supported his mother who is now 72 years old.

Albert Sekeni Mangilazi, 55, said that his wife passed away while he has been in custody and left his two children in distress, causing his daughter to drop out of school.

Fabian Thomas Simiyasa, 54, told the court that his children had to drop out of school due to financial constraints and that he wants to go home to look after them.

Kester Kabunga, 59, said that he has five children of his own and also looked after his late brother’s 10 children before his arrest.

He said that he has five grandchildren that were born while he was in custody but he has never seen them.
Raphael Lyazwila Lifumbela, 56, who is represented by Profysen Muluti, said that he is married and has four children and four grandchildren. His wife is unemployed and two of his children are still attending school.

He told Judge Elton Hoff that he was tortured so severely that he suufered damage to his right ear drum.
The supposed commander of the Caprivi Liberation Army that was responsible for the attacks on Katima Mulilo, John Sikunda Samboma, said that he is married to a Zambian woman who is unemployed. He has four children, two minors and one who dropped out of Grade 12 while the other one is still struggling to complete his education.

He told the court that because of his so-called status as the commander of the CLA, he was subjected to heavy assaults and torture to such an extent that he became depressed and contracted diabetes and hypertension.

He said that he is qualified as an evangelist (pastor) and if released wishes to spread the word of God.
Before his arrest he made a living as a communal farmer.

The case was postponed to today when lawyer Ilse Aggenbach will call an expert witness to testify on behalf of her clients and Percy McNally will address the court from the bar on behalf of his clients.