82:
385:. Sentencing and much of the court hearings took place in their absence because throughout the trial they had shouted political slogans and sung Caprivi liberation songs, leading repeatedly to their removal from the court room. In 2007 this second trial ended with ten of the accused convicted and sentenced to 30 or 32 years of jail each, depending on the length of their stay in
436:"not guilty" to all charges laid out to them. In February 2013, 43 accused were acquitted on all charges and set free when Judge Hoff found that the prosecution's evidence did not support any of the charges they were accused of. The majority of these 43 had been in custody since 1999. The trial of the remaining people has not been concluded yet.
103:, at which the European powers divided sub-Saharan Africa amongst themselves, indifferent to its ethnology and often with inadequate knowledge of its geography. After the conference, European governments learned more about the geography of the interior and negotiated changes to boundaries agreed upon in Berlin. In 1890, German diplomat
458:
The
Caprivi Treason Trial has been delayed by a number of factors, most prominently by its sheer size and the accompanying paper trail. Already in 2007, the trial transcripts amounted to more than 18,000 type-written pages, and 230 full days had been spent in court. This makes it by far the longest
373:
The
Caprivi treason trial consists of 275, at one stage 278, charges of murder, sedition, and treason, applied to 132 people. After preliminary hearings, bail applications, legal representation applications and other technical wrestles, the first stage of the trial started on 27 October 2003 in the
504:
called on the
Namibian Government to immediately resume the trial. As of 2012, 112 of the accused are still in prison, awaiting Judge Hoff's decision whether or not the State's case is strong enough to keep the accused in jail. Only four of the arrested have ever obtained bail. 19 of the prisoners
488:
Supreme Court judge Johan
Strydom already stated in 2002 that the case "has all the makings of a logistical and organisational nightmare for both the prosecution and the defence and will no doubt run for a couple of years rather than months". On 7 February 2012 the State concluded the case for the
519:
A sizeable fraction of the people imprisoned are not even thought to have participated in any violent action but might have been "arrested solely based on their actual or perceived non-violent support for the political opposition in the region, their ethnic identity or their membership of certain
404:
and dismissed in July 2004. It interrupted the first leg of the trial by 5 months. In June 2013 this
Supreme Court ruling was vacated because Mtabanengwe, one of the Supreme Court judges in 2004, had also served as chairman of the Advisory Board that reviewed how people were arrested while the
286:
Botswana, Denmark and Canada have been granting asylum to people fleeing
Namibia in the aftermath of the attack on Katima Mulilo. Only in 2010 Canada has changed its standpoint and is now considering the CLA to be a terrorist organisation that has "attempted to usurp an elected government".
46:
The trial is the longest and largest in the history of
Namibia. While it started in 2003, the court case lasted more than 16 years, with High Court judgement being delivered in December 2015, and a Supreme Court challenge being launched in 2016 and still verdict pending.
353:
ruled in 2017 that the continued prosecution of one of the accused, Rosco
Matengu Makapa, was malicious on the part of the prosecutor-general, and that Makapa is to be compensated for his losses. The judgment is likely to be appealed in the Supreme
56:
newspaper, the High Court judgement sentenced "30 men convicted of high treason, nine counts of murder and 90 charges of attempted murder". Among those initially tried, the High Court ruling acquitted 79 of the accused. Meanwhile, 22 others died in
395:
A number of secondary and tertiary trials have been split from the main proceedings, among them a number of counterclaims by the alleged secessionists of unlawful arrest, torture and manhandling, but also the claim that
Namibian courts do not have
71:
469:
Car accident of the prosecution team on their way to the court hearings in 2005 which left one prosecutor dead and two prosecutors-general in critical condition. This and other car accidents led to a transfer of court hearings to
420:
abroad—was at first successful when judge Hoff ruled in
February 2004 that they were indeed "irregularly before the court". The 13 were, however, rearrested for treason 2 days after the court ruling, and sentenced the same year.
1363:
1098:
447:. In 2015 Rodwell Kasika Mukendwa, one of the main accused, sued the government and several officials, saying that he had been wrongfully arrested in 1999 and wrongfully detained until 2012, when he was acquitted.
61:
during the 16-year period between arrests and High Court judgement. Some of the alleged leaders of the sedition attempt were in exile at the time the Caprivi conflict peaked and have not been brought to court.
424:
One accused, Albius Moto Liseli, handed himself over to the authorities in 2009. He was charged with high treason in 2010 and tried separately. The six years of proceedings against Liseli are called the
1235:
346:) that confessions from 25 accused are inadmissible before the High Court in Windhoek due to the occurrence of "coercive actions" at the hands of Police or military to obtain the testimonies.
1286:
165:
11 people were killed during the attacks, among them 6 members of the security forces. 300 suspected rebel fighters and civilian sympathisers were detained, 132 of which were later charged.
509:
and unsanitary conditions in the holding cells have been made. Various individuals and groups have called for the pardoning of the convicted, as well as for the release of the accused.
664:
1263:
1106:
1073:
512:
Another point of criticism has been the level of, even alleged, involvement in the sedition attempts of many of the detainees. Except John Samboma, the commander of the
392:
The conviction of eight of the thirteen main accused was overthrown in the Supreme Court in 2013. They have to be retried in the High Court but are again in custody.
1243:
459:
and largest trial in the history of Namibia, frequently swallowing around half of all legal assistance funds budgeted by the Namibian Ministry of Justice.
443:
emerging from the alleged mistreatment of the treason detainees were heard. While some of these counterclaims have been dismissed, a large number has been
497:
Both the massive delays of the trial and the treatment of the accused have been criticised by a host of local, regional, and international organisations.
692:
138:
On 2 August 1999, members of the Caprivi Liberation Army (CLA) launched an armed attack on government forces and buildings in the regional capital of
806:
1294:
1207:
1333:
450:
In 2015, High Court Judge Elton Hoff presented his ruling and found 30 of the accused guilty of high treason, murder and attempted murder.
787:
674:
389:, and the remaining two acquitted and set free on a technicality. The thirteenth accused had died in custody before the sentencing began.
544:
131:
in the North Sea and the Caprivi Strip. The Zambezi proved to be unnavigable, but the Strip remained, even as South West Africa became
1271:
466:
Withdrawal of defence counsels in 2004 after some of the accused questioned the jurisdiction of Namibian courts over Caprivi territory
181:. The Namibian government has in the meantime recognised other traditional leaders who are perceived to be mere puppets of the ruling
1181:
884:
1328:
1323:
1318:
1083:
505:
awaiting trial have died in custody, some of them under questionable circumstances. Frequent reports of maltreatment, torture,
1343:
1162:
1140:
997:
931:
912:
752:
516:, most of the alleged masterminds of the secession of the Caprivi are not among the group of people that have been arrested.
1054:
1035:
1016:
432:
All other people charged in this trial are essentially co-accused of these thirteen, charged with lesser offences. They all
728:
565:
265:
252:
865:
206:
1353:
817:
1348:
120:
976:
843:
1313:
813:
401:
400:
over the Caprivi because the Caprivi Strip is not part of the Republic of Namibia. This claim was taken to the
314:
310:
112:
100:
480:
The September 2012 suicide of Abraham Maasdorp, commanding officer of the High Treason Investigation Unit of
471:
1358:
1338:
953:
513:
444:
196:
32:
700:
521:
116:
1217:
350:
501:
178:
155:
202:
357:
339:
335:
306:
159:
303:, heard the first leg of the trial and again took over after the death of Judge Manyarara in 2010.
192:
406:
151:
296:
268:
National Council member and governor of Caprivi Region (today Zambezi Region), died in exile in
791:
1212:
1078:
981:
949:
733:
481:
90:
28:
81:
1121:
772:
615:
506:
413:
248:
104:
240:
A number of Caprivi traditional leaders and politicians have been implicated but were in
1189:
377:
Thirteen of the alleged separatists were regarded as the main accused and charged with
328:
143:
738:
489:
prosecution. The court record for this trial by then consisted of circa 35,000 pages.
1307:
275:
139:
108:
96:
74:
115:, to give Germany an interior route to Africa's East Coast, where the German colony
889:
669:
643:
570:
549:
397:
378:
300:
279:
255:(DTA) and member of the National Assembly from 1990 to 1999, was granted asylum in
52:
36:
638:
261:
331:, acting judge at the High Court in Windhoek, heard the second leg of the trial
440:
417:
325:) government to provide the treason suspects with legal representation in 2002
147:
128:
805:
Maritz, Gerhard; Strydom, Johan; Mtambanengwe, Simpson (14 September 2010).
381:. They were tried in a separate leg of the proceedings sometimes called the
162:(SFF, the paramilitary police unit) were deployed and repelled the attack.
788:"Appeal Judgment: Government of Namibia and Others vs. Mwilima and Others"
70:
433:
361:
318:
269:
124:
40:
587:"Civil supremacy of the military in Namibia: A retrospective case study"
616:"Namibia: Justice delayed is justice denied. The Caprivi treason trial"
256:
132:
24:
43:, and many other offences, altogether 278 counts of criminal conduct.
386:
58:
586:
474:, where part of the complex was restructured into a special court.
429:. Liseli was convicted and sentenced to 10 years in jail in 2017.
241:
182:
174:
80:
69:
524:
and in 2009 requested them to be tried or released immediately.
520:
organisations". Amnesty International assumes they are actually
412:
Another claim brought forward by the 13 main accused was one of
188:
Among the suspected leading figures detained and charged are:
35:
during a period between 1992 and 2002. They were charged with
1364:
Amnesty International prisoners of conscience held by Namibia
477:
Quarrels over salary issues between local and foreign lawyers
998:"Undefended treason suspects refuse to challenge witness"
950:"2007 Country Reports on Human Rights Practices, Namibia"
462:
Further delays of the court proceedings were caused by:
790:. Supreme Court of Namibia. 7 June 2002. Archived from
770:
Muraranganda, Elvis (February 2012). "The Great Trek".
323:
Government of Namibia and Others vs. Mwilima and Others
27:
indicted 132 people for allegedly participating in the
545:"A burden lifts with Caprivi high treason trial's end"
146:
of north eastern Namibia. The same evening, president
1141:"Main treason trial set to soldier on in September"
589:. SACDI Defence Digest Working Papers, #8. NamibWeb
1099:"Court dismisses treason suspects' assault claims"
1017:"State suffers shock loss in Caprivi treason case"
1236:"Between Legality and Politics: The Caprivi Case"
866:"Third treason trial ends with 10-year jail term"
807:"Appeal Judgment: State vs. Malumo and 24 Others"
416:—the 13 main accused were found to be unlawfully
85:Location of the Zambezi Region on the Namibia map
1201:
1199:
693:"Treason accused try to revisit 2004 judgement"
885:"Acquittal awaits nine in high treason trial"
859:
857:
8:
1163:"Caprivi treason trial up and running again"
1257:
1255:
1253:
1036:"Caprivi 13 release bid back to High Court"
1156:
1154:
977:"Special plea for Caprivi treason accused"
913:"Treason trial stalled until January 2005"
906:
904:
902:
900:
844:"Govt, PG liable in treason damages claim"
1122:"Hearing on massive treason claim starts"
686:
684:
610:
608:
606:
604:
173:Many of the arrested people are from the
1229:
1227:
1055:"D-Day for Caprivi treason case – again"
349:Acting judge of the Windhoek High Court
154:in the Caprivi province. Members of the
1206:Inambao, Chrispin (24 September 2012).
1074:"Not too rosy human rights environment"
722:
720:
718:
658:
656:
654:
532:
484:, is also suspected to delay the trial.
158:(NDF, Namibia's national army) and the
727:Inambao, Chrispin (1 September 2004).
23:is a trial in which the Government of
177:tribe, including the majority of its
7:
637:Weidlich, Brigitte (7 August 2009).
564:Menges, Werner (15 September 2015).
538:
536:
911:Menges, Werner (17 November 2005).
883:Menges, Werner (9 September 2015).
663:Menges, Werner (12 February 2013).
639:"Pardon Caprivi separatists: Mudge"
543:Menges, Werner (18 December 2015).
1262:Menges, Werner (8 February 2012).
1072:Catherine Sasman (16 March 2010).
1015:Werner Menges (24 February 2004).
996:Werner Menges (17 November 2005).
364:, heard the third leg of the trial
123:, Germany gave up its interest in
14:
1161:Werner Menges (2 November 2005).
195:, allegedly the commander of the
1208:"High treason investigator dead"
1180:Catherine Sasman (12 May 2010).
1120:Menges, Werner (30 April 2015).
975:Amakali, Maria (19 April 2017).
932:"Long jail terms for 'traitors'"
930:Menges, Werner (9 August 2007).
864:Menges, Werner (21 April 2017).
1234:Alexus T Kaure (16 June 2009).
1139:Werner Menges (8 August 2007).
1097:Werner Menges (16 March 2010).
1053:Werner Menges (9 August 2004).
1034:Werner Menges (31 March 2004).
691:Menges, Werner (16 July 2013).
665:"43 acquitted in treason trial"
282:, was granted asylum in Denmark
1285:Menges, Werner (28 May 2010).
842:Menges, Werner (10 May 2017).
344:State vs. Malumo and 24 Others
342:in the Supreme Court decided (
1:
360:, judge at the High Court in
299:, judge at the High Court at
266:Democratic Turnhalle Alliance
253:Democratic Turnhalle Alliance
107:sought to gain access to the
1334:Political history of Namibia
1182:"Justice budgets 12.4% more"
566:"30 guilty in treason trial"
383:Second Caprivi treason trial
374:High Court at Grootfontein.
244:at the time of the attacks:
127:in return for the island of
1287:"Seventeenth treason death"
1264:"State closes treason case"
427:Third Caprivi treason trial
405:Caprivi Region was under a
207:Namibia's National Assembly
169:Charges and indicted people
1380:
585:Lamb, Guy (October 1999).
121:Heligoland-Zanzibar Treaty
88:
111:for the German colony of
101:Berlin Conference of 1884
814:Supreme Court of Namibia
77:in north-eastern Namibia
1329:2000s crimes in Namibia
1324:1990s crimes in Namibia
954:U.S Department of State
618:. Amnesty International
522:prisoners of conscience
514:Caprivi Liberation Army
472:Windhoek Central Prison
251:, former leader of the
197:Caprivi Liberation Army
33:Caprivi Liberation Army
1319:1992 crimes in Namibia
753:"Mabuku Dies in Exile"
369:Structure of the trial
179:traditional leadership
86:
78:
1344:Separatism in Namibia
502:Amnesty International
156:Namibia Defence Force
119:was located. In the
84:
73:
21:Caprivi treason trial
1274:on 11 February 2012.
1220:on 21 February 2013.
677:on 17 February 2013.
445:settled out of court
99:is a remnant of the
741:on 11 January 2013.
439:In 2009 alone, 127
351:Philanda Christiaan
291:Judges of the trial
236:Oscar Muyuka Puteho
205:, former member of
160:Special Field Force
31:on the side of the
1354:Treason in Namibia
454:Delay of the trial
409:on 2 August 1999.
407:state of emergency
152:state of emergency
87:
79:
1349:Trials in Namibia
500:Already in 2003,
334:Judges of Appeal
224:Martin Tubaundule
113:South West Africa
1371:
1299:
1298:
1293:. Archived from
1282:
1276:
1275:
1270:. Archived from
1259:
1248:
1247:
1242:. Archived from
1231:
1222:
1221:
1216:. Archived from
1203:
1194:
1193:
1192:on 16 July 2011.
1188:. Archived from
1177:
1171:
1170:
1158:
1149:
1148:
1136:
1130:
1129:
1117:
1111:
1110:
1105:. Archived from
1094:
1088:
1087:
1086:on 16 July 2011.
1082:. Archived from
1069:
1063:
1062:
1050:
1044:
1043:
1031:
1025:
1024:
1012:
1006:
1005:
993:
987:
986:
972:
966:
965:
963:
961:
946:
940:
939:
927:
921:
920:
908:
895:
894:
880:
874:
873:
861:
852:
851:
839:
833:
832:
830:
828:
822:
816:. Archived from
811:
802:
796:
795:
784:
778:
777:
767:
761:
760:
749:
743:
742:
737:. Archived from
724:
713:
712:
710:
708:
699:. Archived from
688:
679:
678:
673:. Archived from
660:
649:
648:
634:
628:
627:
625:
623:
612:
599:
598:
596:
594:
582:
576:
575:
561:
555:
554:
540:
221:Charles Mushakwa
212:Aggrey Makendano
203:Geoffrey Mwilima
91:Caprivi conflict
29:Caprivi conflict
16:Trial in Namibia
1379:
1378:
1374:
1373:
1372:
1370:
1369:
1368:
1314:1992 in Namibia
1304:
1303:
1302:
1297:on 7 June 2011.
1284:
1283:
1279:
1261:
1260:
1251:
1246:on 7 June 2011.
1233:
1232:
1225:
1205:
1204:
1197:
1179:
1178:
1174:
1160:
1159:
1152:
1138:
1137:
1133:
1119:
1118:
1114:
1109:on 7 June 2011.
1096:
1095:
1091:
1071:
1070:
1066:
1052:
1051:
1047:
1033:
1032:
1028:
1014:
1013:
1009:
995:
994:
990:
974:
973:
969:
959:
957:
956:. 11 March 2008
948:
947:
943:
929:
928:
924:
910:
909:
898:
882:
881:
877:
863:
862:
855:
841:
840:
836:
826:
824:
823:on 9 March 2016
820:
809:
804:
803:
799:
794:on 8 June 2010.
786:
785:
781:
773:insight Namibia
769:
768:
764:
759:. 16 July 2008.
751:
750:
746:
726:
725:
716:
706:
704:
703:on 16 July 2013
690:
689:
682:
662:
661:
652:
636:
635:
631:
621:
619:
614:
613:
602:
592:
590:
584:
583:
579:
563:
562:
558:
542:
541:
534:
530:
507:medical neglect
495:
456:
414:unlawful arrest
371:
358:Marlene Tommasi
338:, Strydom, and
293:
278:, former Mafwe
249:Mishake Muyongo
171:
105:Leo von Caprivi
93:
68:
17:
12:
11:
5:
1377:
1375:
1367:
1366:
1361:
1359:Treason trials
1356:
1351:
1346:
1341:
1339:Law of Namibia
1336:
1331:
1326:
1321:
1316:
1306:
1305:
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1300:
1277:
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1223:
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1172:
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1089:
1064:
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988:
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941:
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779:
762:
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629:
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556:
531:
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494:
491:
486:
485:
478:
475:
467:
455:
452:
370:
367:
366:
365:
355:
347:
332:
329:John Manyarara
326:
304:
292:
289:
284:
283:
273:
259:
238:
237:
234:
231:
230:Richard Misuha
228:
227:Andreas Mulupa
225:
222:
219:
218:Osbert Likanyi
216:
215:Thaddeus Ndala
213:
210:
200:
170:
167:
144:Zambezi Region
89:Main article:
67:
64:
15:
13:
10:
9:
6:
4:
3:
2:
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1365:
1362:
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402:Supreme Court
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315:Supreme Court
312:
311:Chief Justice
308:
307:Johan Strydom
305:
302:
298:
295:
294:
290:
288:
281:
277:
276:Boniface Bebi
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140:Katima Mulilo
136:
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122:
118:
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109:Zambezi River
106:
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98:
97:Caprivi Strip
92:
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76:
75:Caprivi Strip
72:
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60:
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50:According to
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1295:the original
1291:The Namibian
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1240:The Namibian
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1218:the original
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1190:the original
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1167:The Namibian
1166:
1145:The Namibian
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1126:The Namibian
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1103:The Namibian
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1021:The Namibian
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870:The Namibian
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782:
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701:the original
697:The Namibian
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675:the original
670:The Namibian
668:
647:. p. 1.
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571:The Namibian
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550:The Namibian
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398:jurisdiction
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382:
379:high treason
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340:Mtambanengwe
322:
301:Grootfontein
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239:
193:John Samboma
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37:high treason
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827:15 February
441:civil suits
321:, ordered (
262:John Mabuku
233:John Samati
150:declared a
1308:Categories
729:"No Title"
528:References
297:Elton Hoff
148:Sam Nujoma
129:Heligoland
117:Tanganyika
66:Background
39:, murder,
493:Criticism
264:, former
960:21 April
418:abducted
362:Oshakati
319:Windhoek
270:Botswana
125:Zanzibar
41:sedition
1213:New Era
1186:New Era
1079:New Era
982:New Era
734:New Era
707:16 July
434:pleaded
387:custody
313:in the
272:in 2008
257:Denmark
185:party.
142:in the
133:Namibia
59:custody
25:Namibia
622:16 May
593:16 May
482:NamPol
354:Court.
336:Maritz
821:(PDF)
810:(PDF)
280:chief
242:exile
183:SWAPO
175:Mafwe
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624:2017
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