Caprivi separatists to be tried The Supreme Court has dismissed seven applications in the case of eight men appealing the dismissal of their application challenging the Windhoek High Court's jurisdiction to try them on high treason charges.The dismissed appeal applications are those brought before court by Progress Kenyoka Munuma, 46; Manuel Manepelo Makendano, 55; Shine Samulandela Samulandela, 41; Alex Sinjabata Mushakwa, 45; Diamond Samunzala Salufu, 57; Hoster Simasiku Ntombo, 44; and the 40-year-old John Mazila Ntambwe.
The seven men's appeal applications were dismissed in a judgement handed down by Deputy Chief Justice Petrus Damaseb on Monday morning, with Chief Justice Peter Shivute, Judges of Appeals Fred Chomba and David Smuts as well as Acting Judge of Appeals Yvonne Mokgoro concurring with the ruling.
However, an appeal application by appellant Boster Mubuyaeta Samuele was successful.
“We come to the conclusion that the appeal application brought before the Supreme Court by appellant Boster Mubuyaeta Samuele must succeed. But in respect of the applications of the remaining appellants, the State had proved beyond reasonable doubt that the Windhoek High Court has jurisdiction to try them on charges of high treason,” reads the judgement.
As per the Supreme Court's ruling, the case of the seven men is now to be sent back to the Windhoek High Court in which the accused persons will stand trial on high treason and other related charges against them.
On 20 July 2015, the Supreme Court granted the eight men leave to appeal the dismissal of their application challenging the High Court's jurisdiction to try them on high treason charges, shortly after the group sent a successful petition to the Supreme Court.
All seven men will now face charges of high treason in connection with their alleged involvement in a failed attempt to secede the then Caprivi Region (now Zambezi Region) from the rest of Namibia on 2 August 1999.
After the attacks on government installations in August 1999, the eight fled from Namibia to the Dukwe refugee camp in Botswana and were later handed over back to the Namibian authorities.
The seven men remain in police custody at the Windhoek Central Correctional Facility.
Windhoek-based human rights defence lawyer Norman Tjombe appeared for the appellants on the instructions of the Justice Ministry's Directorate of Legal Aid.
State Advocate Neville Wamambo represented the prosecution.
NAMPA