“In my opinion, a prison sentence is the only appropriate punishment for the crime of high treason.”
This was a remark made by acting judge Petrus Unengu in the High Court at Windhoek Correctional Facility yesterday, before he sentenced seven men convicted of taking part in an attempt to secede the Zambezi region from Namibia to prison terms ranging from five to 16 years.
The seven men have all been in custody for more than 20 years, and during that time, served six years of the prison terms they received in August 2007 at the end of their first trial in the High Court.
The effect of the sentences they received from Unengu yesterday is that they will remain behind bars until they have served the jail terms handed to them at the end of their second trial.
Acting judge Petrus Unengu sentenced the first accused, Progress Munuma (64), described as a leader of a separatist organisation that operated in the former Caprivi region, to 26 years’ imprisonment.
Ten years of the 26-year prison term are suspended for a period of five years on condition that Munuma is not convicted of high treason, murder or attempted murder committed during the period of suspension.
Five other accused – Shine Samulandela (56), Alex Mushakwa (62), Frederick Ntambilwa (62), Hoster Ntombo (61) and John Tembwe (57) – were each sentenced to a prison term of 20 years, of which eight years are suspended for a period of five years.
Unengu described the five accused as supporters or sympathisers of the secessionist movement in the former Caprivi region.
The oldest of the seven convicted men, Manuel Makendano, who is reputed to be 78 years old, was sentenced to 10 years’ imprisonment, of which five years are suspended for a period of five years.
The seven men went through a first trial in the Windhoek High Court between 2005 and 2007.
They were sentenced to prison terms of either 32 or 30 years at the end of that trial.
The men served six years of those sentences.
After they appealed to the Supreme Court, their convictions were set aside in July 2013 and their case was sent back to the High Court for a retrial.
Following a drawn-out trial, during which the accused disputed that the Zambezi region is legally a part of Namibia, Unengu convicted them on charges of high treason, the unauthorised importation of weapons into Namibia and the supply and possession of weapons, unlawful possession of ammunition and contraventions of Namibia’s immigration legislation, in a judgement delivered near the end of July this year.
Unengu found it was proven that the seven men took part in the activities of a separatist organisation in the Zambezi region – then known as the Caprivi region – from September 1998 to December 2003, and that they were involved in plans to take up arms against the government in the region.
“High treason is without doubt a serious crime which calls for severe punishment,” Unengu said, adding that the same applies to the possession and importation of firearms and ammunition, in particular weapons of war that could have a destructive impact on the Zambezi region and its people.
None of the accused testified in mitigation of sentence, and they did not show they had remorse over the crimes of which they were convicted, Unengu said.
He also remarked that the seven “opted to use violence instead of attempting to negotiate with the government about their grievances”.
Unengu said he took into account the length of time the seven man have been in jail, including the six years during which they were sentenced prisoners.
He added that he also took into account the interests of society, including the maintenance of peace and tranquillity in Namibia in general and the Zambezi region in particular.
“I have come to the conclusion that for the purpose of sentencing in this matter, principles of both deterrence and retribution should take centre stage,” Unengu stated.
“That is to deter the accused persons and those who are harbouring intentions to commit the same crimes at present and in future.”
Defence lawyers Ilse Agenbach and Jorge Neves represented the seven accused.
Deputy prosecutor general Lourens Campher represented the state.
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