Exiled resident of the former Caprivi Region Mulife Muchali, wanted for his perceived involvement in the infamous attack on Caprivi in 1999, denies any involvement in the armed rebellion. He also tells Managing Editor Toivo Ndjebela that the alleged leader of the attack, Mishake Muyongo, who is believed to live in Denmark, has a moral and political responsibility to come out of hiding and present his case.
What was your first reaction when you heard about the acquittal of 35 high treason accused and the conviction of 30 others?
I was quite happy and at the same time sad, knowing that those convicted will as much be traumatised by a crime some have always distanced themselves from.
Have you spoken to some of the people involved in the matter, maybe just to offer your support?
Hardly a few hours after the acquittal of those that I was close to, I spoke to one, sending well wishes. As for many family members, whose relatives were convicted, I have received a few calls to keep up the call for a possible presidential pardon – which I promised to do.
What is your overall impression of the manner in which this case was dealt with?
Judge Elton Hoff was faced with a monumental task to balance the scales of justice, but did a spectacular job given the challenges at stake – especially the vying political sentiments. Surely, no one should have expected to see all the accused go free, it would not have made sense. A crime was committed and someone should be held accountable.
With the benefit of hindsight, do you still believe it was necessary for the country’s executive to interfere/intervene in the matter as was demanded by some?
Indeed, the executive should have dealt with this case head-on, as it was a political case that demanded a political solution. The court ruling has not solved the political dilemma surrounding the former Caprivi Strip, but exacerbated the political debate with those convicted seen as political heroes – just like the Toivo ya Toivos and the Mandelas of the world. They might be called different names, but for others [they] will be deemed as political prisoners, which is dangerous.
What are the likely impressions the international community will draw from this case, especially on the independence of the Namibian judiciary and the country’s human rights record?
Namibia’s judicial system on the international arena will reflect what many expect to see in a Third World country, where the rule of law resides with the most powerful in the country. As for the human rights record, the torture, death in detention of over 20 trial-awaiting treason suspects, and the refugee crises tell of a country that has to put its house in order.
The independence of the judiciary in an independent Namibia is still a farfetched thought. It’s one where a judge has to balance the judiciary versus the political act – for fear of being castigated otherwise.
Surely, convicting people just for the sake of clearing the case, the judicial backlog, defeats the very foundation on which Namibia is built – the Constitution, whose many provisions were somehow disregarded in the Caprivi treason trial. [This includes] a fair and speedy trial, legal representation, coerced witness statements, the admission of evidence gained through torture, to mention but a few.
If indeed Namibians believe that a court of law should base its verdict on “clean” evidence presented by the prosecution, then the Namibian judiciary still has a long way to go to earn the respect of the world’s legal fraternity. No man can withstand torture! He will say or admit to anything.
Regardless of who the accused is, the State via its witnesses should prove beyond reasonable [doubt] that such a person committed a crime. The judicial innuendos should not feature in any trial – judges should look at the evidence and evidence only. In the Caprivi verdict, so many doubts and questions remain.
To say the least, even though I have praised Judge Hoff’s courage in seeing the case through, the Caprivi treason verdict is viewed as a sham by the international community, especially the human rights bodies and the democratic and civilised nations!
With so many acquittals in the matter, can we really say that justice has been served, especially to the families of the people who died in the Caprivi attack?
No! In a criminal case of this magnitude – fuelled by politics – where the man that pulled the trigger has not been identified, justice cannot be served. Namibians, especially families of those that perished on August 2, 1999, will keep wondering if Namibia convicted the right persons for the crime. If not, such families will be haunted by the past – a reason why genuine closure is important. In such political cases, things like the truth and reconciliation platform do help.
Do you feel leaders of the Caprivi attack, especially exiled Mishake Muyongo, still have a case to answer in Namibia in relation to that attack?
Certainly, Mishake Muyongo being the leader of the secessionist movement has a moral, judicial, and political responsibility to present his case to the Namibian people, so too the international community that has provided political sanctuary to many of his exiled leaders of the United Democratic Party (U.D.P). If anything, Namibians would want to know what went wrong [rather] than to keep speculating about what prompted that fateful day.
You were one of the people targeted for arrest in connection with the attack. Do you believe you have any case to answer in Namibia?
In all honesty, Namibians can review all witness statements of the 379 people and see where I was in anyway implicated. I was called the “mastermind” of the uprising. So many stories had surfaced of me holding positions in UDP, a party I never associated with in my entire life. People had made up so many stories that it somehow sickened me, to a point where they claimed I was to meet Jonas Savimbi. From that position, many can deduce my alleged crimes, if any. I have said it many times, I am not in hiding. Namibia has an extradition treaty with Canada – all they have to do is come after me.
You have previously indicated how homesick you were. What’s the likelihood that you’ll one day return home from Canada?
As much as I have always wanted to come back home, things do change with time. Canada has given me a second life, so I have managed to move on with my family that is all Canadian. I cannot deny my family this life – we’re at peace, enjoying every moment by the grace of God. On second thoughts, I know I can contribute so much to Namibia. If I were given that opportunity to return home, it’s something I could consider.
What should be done to put to bed the debate and demands about ‘Caprivi’ independence?
Without doubt, Namibians, especially the inhabitants of Zambezi, are tired of this Caprivi saga and purported independence. For now, this debate, as pointed earlier, has been pushed further – fuelled with the symbolic political figures convicted for high treason.
Amidst the jubilation or outcry over what transpired in the Caprivi treason trial, the only way forward to close this sad chapter in Namibian history is if President Hage Geingob and the Namibian people can find it in their hearts to forgive those that were convicted with a presidential pardon – embracing the notion of peace and reconciliation.
The Namibian refugees in Dukwi, Botswana, have until December to return home, as Botswana plans to shut down the camp. What’s your take on this?
For now, it’s clear that many Namibian refugees holed up in Botswana’s Dukwi refugee camp won’t be coming back home, because the political crisis that led to the refugee situation has not been resolved. From different quarters, some people will still be cheering for those now convicted of high treason and hailed as political martyrs, whose side-effects can still lead to another exodus. Until this issue is finally sorted out, it remains a time bomb – only time can tell. On that note, should President Geingob employ his wisdom on this political stalemate, by end of this year there would be no Namibian living in Botswana as a refugee. They would all be home where they belong in Namibia.
As a native of the now Zambezi Region, what do you think of the security of the region in light of this week’s acquittals?
The honour is for the Namibian government’s security apparatus to provide the sense of safety and belonging to all inhabitants of the region without prejudice, especially those Namibians that were acquitted of high treason. As has been made crystal clear by many, they all owe their allegiance to the Namibian government – despite their incarceration.
In addition, inhabitants of the Zambezi Region have their rightful place in the Namibian house and should not be deceived by anyone to think otherwise. Caprivians are Namibians just like any other ethnic group in the country and must refrain from entertaining the notion of being a second-class citizens. Overall, the rule of law and respect for human rights must take precedence over everything.