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Caprivi treason trial

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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
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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
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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
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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
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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
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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
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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".
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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.
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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and largest trial in the history of Namibia, frequently swallowing around half of all legal assistance funds budgeted by the Namibian Ministry of Justice.
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emerging from the alleged mistreatment of the treason detainees were heard. While some of these counterclaims have been dismissed, a large number has been
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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.
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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
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In 2015, High Court Judge Elton Hoff presented his ruling and found 30 of the accused guilty of high treason, murder and attempted murder.
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in the North Sea and the Caprivi Strip. The Zambezi proved to be unnavigable, but the Strip remained, even as South West Africa became
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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
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over the Caprivi because the Caprivi Strip is not part of the Republic of Namibia. This claim was taken to the
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The September 2012 suicide of Abraham Maasdorp, commanding officer of the High Treason Investigation Unit of
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National Council member and governor of Caprivi Region (today Zambezi Region), died in exile in
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A number of Caprivi traditional leaders and politicians have been implicated but were in
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Thirteen of the alleged separatists were regarded as the main accused and charged with
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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.
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organisations". Amnesty International assumes they are actually
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Another claim brought forward by the 13 main accused was one of
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Among the suspected leading figures detained and charged are:
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during a period between 1992 and 2002. They were charged with
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Amnesty International prisoners of conscience held by Namibia
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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".
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Government of Namibia and Others vs. Mwilima and Others
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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: 1301: 1300: 1277: 1249: 1223: 1195: 1172: 1150: 1131: 1112: 1089: 1064: 1045: 1026: 1007: 988: 967: 941: 922: 896: 875: 853: 834: 797: 779: 762: 744: 714: 680: 650: 629: 600: 577: 556: 531: 529: 526: 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: 1376: 1365: 1362: 1360: 1357: 1355: 1352: 1350: 1347: 1345: 1342: 1340: 1337: 1335: 1332: 1330: 1327: 1325: 1322: 1320: 1317: 1315: 1312: 1311: 1309: 1296: 1292: 1288: 1281: 1278: 1273: 1269: 1265: 1258: 1256: 1254: 1250: 1245: 1241: 1237: 1230: 1228: 1224: 1219: 1215: 1214: 1209: 1202: 1200: 1196: 1191: 1187: 1183: 1176: 1173: 1168: 1164: 1157: 1155: 1151: 1146: 1142: 1135: 1132: 1127: 1123: 1116: 1113: 1108: 1104: 1100: 1093: 1090: 1085: 1081: 1080: 1075: 1068: 1065: 1060: 1056: 1049: 1046: 1041: 1037: 1030: 1027: 1022: 1018: 1011: 1008: 1003: 999: 992: 989: 984: 983: 978: 971: 968: 955: 951: 945: 942: 937: 933: 926: 923: 918: 914: 907: 905: 903: 901: 897: 892: 891: 886: 879: 876: 871: 867: 860: 858: 854: 849: 845: 838: 835: 819: 815: 808: 801: 798: 793: 789: 783: 780: 775: 774: 766: 763: 758: 754: 748: 745: 740: 736: 735: 730: 723: 721: 719: 715: 702: 698: 694: 687: 685: 681: 676: 672: 671: 666: 659: 657: 655: 651: 646: 645: 640: 633: 630: 617: 611: 609: 607: 605: 601: 588: 581: 578: 573: 572: 567: 560: 557: 552: 551: 546: 539: 537: 533: 527: 525: 523: 517: 515: 510: 508: 503: 498: 492: 490: 483: 479: 476: 473: 468: 465: 464: 463: 460: 453: 451: 448: 446: 442: 437: 435: 430: 428: 422: 419: 415: 410: 408: 403: 402:Supreme Court 399: 393: 390: 388: 384: 380: 375: 368: 363: 359: 356: 352: 348: 345: 341: 337: 333: 330: 327: 324: 320: 316: 315:Supreme Court 312: 311:Chief Justice 308: 307:Johan Strydom 305: 302: 298: 295: 294: 290: 288: 281: 277: 276:Boniface Bebi 274: 271: 267: 263: 260: 258: 254: 250: 247: 246: 245: 243: 235: 232: 229: 226: 223: 220: 217: 214: 211: 208: 204: 201: 198: 194: 191: 190: 189: 186: 184: 180: 176: 168: 166: 163: 161: 157: 153: 149: 145: 141: 140:Katima Mulilo 136: 134: 130: 126: 122: 118: 114: 110: 109:Zambezi River 106: 102: 98: 97:Caprivi Strip 92: 83: 76: 75:Caprivi Strip 72: 65: 63: 60: 55: 54: 50:According to 48: 44: 42: 38: 34: 30: 26: 22: 1295:the original 1291:The Namibian 1290: 1280: 1272:the original 1268:The Namibian 1267: 1244:the original 1240:The Namibian 1239: 1218:the original 1211: 1190:the original 1185: 1175: 1167:The Namibian 1166: 1145:The Namibian 1144: 1134: 1128:. p. 3. 1126:The Namibian 1125: 1115: 1107:the original 1103:The Namibian 1102: 1092: 1084:the original 1077: 1067: 1059:The Namibian 1058: 1048: 1040:The Namibian 1039: 1029: 1021:The Namibian 1020: 1010: 1002:The Namibian 1001: 991: 980: 970: 958:. Retrieved 944: 936:The Namibian 935: 925: 917:The Namibian 916: 893:. p. 1. 890:The Namibian 888: 878: 872:. p. 3. 870:The Namibian 869: 848:The Namibian 847: 837: 825:. Retrieved 818:the original 800: 792:the original 782: 771: 765: 757:The Namibian 756: 747: 739:the original 732: 705:. Retrieved 701:the original 697:The Namibian 696: 675:the original 670:The Namibian 668: 647:. p. 1. 644:The Namibian 642: 632: 620:. Retrieved 591:. Retrieved 580: 574:. p. 1. 571:The Namibian 569: 559: 553:. p. 6. 550:The Namibian 548: 518: 511: 499: 496: 487: 461: 457: 449: 438: 431: 426: 423: 411: 398:jurisdiction 394: 391: 382: 379:high treason 376: 372: 343: 340:Mtambanengwe 322: 301:Grootfontein 285: 239: 193:John Samboma 187: 172: 164: 137: 94: 53:The Namibian 51: 49: 45: 37:high treason 20: 18: 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 962:2010 829:2013 709:2013 624:2017 595:2017 95:The 19:The 317:at 1310:: 1289:. 1266:. 1252:^ 1238:. 1226:^ 1210:. 1198:^ 1184:. 1165:. 1153:^ 1143:. 1124:. 1101:. 1076:. 1057:. 1038:. 1019:. 1000:. 979:. 952:. 934:. 915:. 899:^ 887:. 868:. 856:^ 846:. 812:. 755:. 731:. 717:^ 695:. 683:^ 667:. 653:^ 641:. 603:^ 568:. 547:. 535:^ 309:, 135:. 1169:. 1147:. 1061:. 1042:. 1023:. 1004:. 985:. 964:. 938:. 919:. 850:. 831:. 776:. 711:. 626:. 597:. 209:, 199:,

Index

Namibia
Caprivi conflict
Caprivi Liberation Army
high treason
sedition
The Namibian
custody

Caprivi Strip

Caprivi conflict
Caprivi Strip
Berlin Conference of 1884
Leo von Caprivi
Zambezi River
South West Africa
Tanganyika
Heligoland-Zanzibar Treaty
Zanzibar
Heligoland
Namibia
Katima Mulilo
Zambezi Region
Sam Nujoma
state of emergency
Namibia Defence Force
Special Field Force
Mafwe
traditional leadership
SWAPO

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