CAPRIVI HUMAN RIGHTS VIOLATIONS CONTINUES

Herbert Mahoto

Herbert Mahoto

CAPRIVI HUMAN RIGHTS VIOLATIONS CONTINUES

(Herbert Mahoto Tortured by Police and Game Wardens)

A resident of Kapani village was severely tortured by a collective of Police Officers and Nature Conservation Wardens at Bukalo where he was visting a friend on Thursday, 06 October 2016 in the afternoon.

The mob accused Mahoto, whom they found in a house, of not only being a poacher but also a “rebel” and a member of Caprivi Concerned Group. After a group of game guards came to the home where he was, and searched for whatever they were looking for and found nothing, hours later another group comprising of Morgan Saisai, Francis Satamba, a certain Victor, and a Nampol Warrant Officer Kaunda came and handcuffed him.

Mahoto did not resist. However, after handcuffing him, they started assaulting him with sticks, fists and kicks. Morgan Saisai asked the victim why he is found in Bukalo Area when he is from Linyanti, and they continued beating him while handcuffed!

They asked me “where is your gun”, I told them that “I don’t have a gun and they continued to beat me, they put sand in my mouth and nose then continued kicking and stood on my chest and stomach. I fainted, they poured water on me and when I got back my consciousness, they continued assaulting me. Warrant Officer Kaunda even pointed an assault riffle (AK47) to me, closer to my head and said if I don’t tell them where the “guns” are he would kill me, Mahoto recalled!

When the mob was tired, they drove with Mahoto to Ngoma Police Station where he was kept for almost two hours before he was ferried to Katima Mulilo Police Station where he stayed for another two hours as Officers on duty refused to take him to the Hospital to get medical treatment for the injuries sustained.

When he was finally taken to the hospital he was admitted and Police Officers were assigned to guard him. By Monday 10 October, no official charges were layed against him by Police or Nature Conservation, but while he was still admitted in the hospital Police Officers requested him on this day to sign a release sheet indicating that he is released from Police Custody but he refused!

Meanwhile, Mahoto have opened a dockect against the perpetrators (CR 73/10/2016) on charges of assault with aggravating circumstances, torture, theft, malicious damage to property, and illegal detention. When he was discharged from the hospital, he was not taken back into police custody since there no official charges against him.

Mahoto sustained a fracture to his left arm and bruises all over his body! He also lost his cellphone and other materials in the process, presumably stollen by those who assaulted him. This comes at a time when Namibia is expected to respond to a letter from the African Commission on Human and Peoples Rights, and at a time that Namibian government denies related human rights violations in Caprivi Strip towards members of Caprivi Concerned Group.

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Morgan Saisai is the same who assaulted and tortured Mr. Robert Salukombe in 2014 in the same way as he did to Mr. Mahoto. In the case of Mr. Salikombe, (See http://www.nshr.org.na/index.php?module=News&func=display&sid=1992) who as well personally opened a criminal case against Saisai and his accomplices (CR 08/04/2014), NamRights urged “MET Minister Uahekua Herunga to personally ensure that Warden Morgan Saisai and his alleged accomplices have been instantly suspended pending the finalization of Police investigation of the TCIDT allegations”, but nothing was done.

Similarly, the communication from the Chairperson of the AfriCHPR recommended, inter alia, that Government of Namibia “provides clarification to the Commission regarding the alleged violations, and refrains from committing acts of harassment, intimidation, enforced disappearance, torture and ill-treatment, arbitrary detention, arbitrary restriction on the right to freedom of association and assembly;and ensures that those responsible for the above-stated alleged violations are held accountable in accordance with the relevant international and regional standards.

According to Article 5 of the Responsibility of States in Internationally Wrongful Acts, as adoped by the International Law Commission in 2001, the conduct of a person or entity …empowered by the law of the State to exercise elements of the governmental authority shall be considered an act of the State under international law, provided the person or entity is acting in that capacity in the particular instance. Suffices to say, the conduct of Morgan Saisai and his accomplices who acted wrongly in their official capacities is construed as the conduct of the State (the Namibian government), and should be considered as a continuation of, or complementing, the human rights violations report against Namibia which are before the AfriCHPR.

Namibia was expected to report back on the implementation of the Provisional Measures granted, within fifteen (15) days of receipt of the letter,but failed to do so within the given time. It is also important to report that Government of Namibia also failed to submit its observations on the addimissibilty of the matter to the Commission within the months which was given.

Ends.

Edwin Samati,

Secretary General

Caprivi Concerned Group.

AFRICA’S TOPMOST HUMAN RIGHTS BODY REQUESTS NAMIBIA TO REFRAIN FROM CAPRIVI STRIP VIOLATIONS

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NAMIBIAN RIGHTS AND RESPONSIBILITIES INC
(FORMERLY NATIONAL SOCIETY FOR HUMAN RIGHTS)
Head Office  Liberty Center  116 John Meinert Street
Windhoek West  P.O. Box 23592  Windhoek  Namibia
Tel: +264 61 236 183 or +264 61 253 447  Fax: +264 61 234 286
E-mail: nshr@nshr.org.na  Website: www.nshr.org.na
September 9 2016

BREAKING NEWS

AFRICA’S TOPMOST HUMAN RIGHTS BODY REQUESTS
NAMIBIA TO REFRAIN FROM CAPRIVI STRIP VIOLATIONS

The African Commission on Human and Peoples’ Rights (“the Commission”), based in The Gambian capital of Banjul, on September 2 2016 has requested Namibian President, Dr. Hage G Geingob, to “intervene” and “ensure” that the Government of Namibia (“GoN”) “provides clarification” and “refrains from” as well as to “fully” investigate systematic violations of a whole range of basic human rights and fundamental freedoms in and about the Zambezi Region as the Caprivi Strip is now known.

The human rights being violated include “acts of harassment, intimidation, enforced disappearance, torture and ill-treatment, arbitrary detention, arbitrary restriction on the right to freedom of association and assembly”, the Commission says. The rights concerned are enumerated in the 1981 African Charter on Human Rights and Peoples Rights (“ACHPR”).

Acting in accordance with Rule 98(4) of the Rules of Procedures of the Commission, its current Chairperson of the Commission, Advocate Pansy Tlakula, wrote to President Geingob requesting him to report back on Namibia’s implementation of the interim measures “within fifteen (15) days of receipt of this letter”.

The decision of by the Commission to act on the Caprivi Strip violations is the direct result of Communication no. 595/15 which had been submitted to the Commission by Caprivi Concerned Group (“CCG”), the leading civil rights and pro-independence group in occupied Caprivi Strip. Concerned Caprivians formed CCG (http://www.capriviconcernedgroup.com/about-us/) in 2012 in order to create to peacefully create awareness among the local population on the right of the Caprivi Strip people to self-determination as contemplated under public international law as well as to secure the release of all political prisoners from the disputed former British territory.

Namibia claims that it has inherited the Caprivi Strip from apartheid South Africa upon independence on March 21 1990. On June 24 1999, GoN a formally annexed Caprivi Strip in terms of its Application of Laws to the Eastern Caprivi Zipfel Act 1999 (Act 10 of 1999) thereby extending the applicability of Namibian laws to the said territory.
GoN also claims that Caprivi Strip was part of the German colony of German South West Africa (“GSWA”) which ceased to exist on July 9 1915 after British-controlled Union South African forces defeated German Defense troops and liberated GSWA during World War I. GSWA is the predecessor state of Namibia.

In critical ruling in 1908, however, the GSWA Imperial Court in Windhoek ruled that German law was not applicable in the Caprivi Strip as the said territory was not part of GSWA!

NamRights, which has been campaigning against gross human rights violations in Caprivi Strip since Namibian independence, urges GoN to fully comply with the request of the Commission.
Independent African States and members of the African Union established the Commission in 1987 to supervise compliance by African states with the provisions of ACHPR.
END

Founded in December 1989, NAMRIGHTS is Namibia’s leading non-governmental human rights monitoring and advocacy organization. NGO in special consultative status with the Economic and Social Council of the United Nations

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commissions-letter-to-geingob

I AM A VICTIM OF POLITICAL PERSECUTION

Caprivi Concerned Group

I AM A VICTIM OF POLITICAL PERSECUTION

On April 21 2016, which is three months ago, I was served with a letter of termination of service by the Zambezi Education Regional Director, Mr. Austin Samupwa, on account of abscondment, in terms of Section 24(5)(a)(1) of the Public Service Act (1995), apparently because “30 days lapsed” without me reporting on duty.

This followed his frustrated attempts to forcefully transfer me to Nankuntwe CS. His efforts to force me away from Kaliyangile CS went to extents of instructing the management of Kaliyangile CS to prevent me from signing in the attendance register, to remove me from the time table by allocating my subjects to other teachers, to invite Police Officers to come and chase me from there, and the HoD to take my chair and table from the staffroom.

I was a teacher at Kaliyangile CS since 2008, and one of the best teachers at that school. As much as I want to continue teaching there, and as learners still need me there, does not mean I wanted to be there forever. This is why I responded positively to the initiation of transferring me from that school, by the Director’s namesake Mr. Austin (Luyana), and it is also why I arranged a cross transfer which the Director rejected without reasons. I was willing to be transferred, however, where to be transferred to requires serious consideration, not only in my case but, by any employee who wish to be transferred.

There are those in the political and security circles, particularly in SWAPO and the State Security, who since 2012 have been hunting me down – even wishing me dead – as the Secretary General of Caprivi Concerned Group (CCG). It appears that through my supervisor at my professional work, the Education Director who is also a regional Mobilizer for SWAPO in Caprivi Strip, they found an immediate assailant against me!

In April 2012, the Governor of Caprivi region, Hon. Lawrence Sampofu, went on local radio station with Hon. Rafael Mbala, and he warned CCG leaders to stop “talking about those people who attacked in Katima Mulilo in 1999” because they risk losing their jobs. Mind you, barely a month ago the same Governor repeated his call for “responsible authorities” to deal with CCG leaders, and just yesterday the Inspector General of Nampol issued a warning to CCG.

The threats of losing our jobs as CCG leaders were egoed at several SWAPO leadership meetings in 2012, and in rallies particularly in 2014. Even the Councillor of Sibbinda then, in 2012, mobilised people to chase me from Kaliyangile CS but the community resisted, and I was lucky that Mr. Lovemore Lupalezwi, the Regional Director then was not a SWAPO machinery but professionally levelheaded and politically cool!

From day one, at the genesis of the transfer issue I was told by Mr. Samupwa to resign or he fires me, just for indicating that I am willing to be transferred closer to town! Following the threat to be fired, I aranged a cross tranfer and the colleague I was to cross with accepted, but, as I stated earlier, it was rejected by the Director with no reason. The Director later decided to transfer me to Nankuntwe CS, knowing very well that I would obviously refuse to go far from town and my family because I had indicated to him that I prefer to be transferred near town, or be transferred to Mayuni SSS.

Strangely, the date to report at Nankuntwe CS was not stated in the transfer letter presumably because the Director never really wanted me to report at Nankuntwe CS, nor to remain at Kaliyangile CS, but wanted me out of the system by resignation or dismissal, as he had earlier demanded me to resign and threatened to dismiss me if I don’t resign. This is probably why a new teacher was quickly appointed to the position I was “transferred to” at Nankuntwe CS within nine (9) working days from 16 February – the first day he claims I was supposed to report at that school.

He knew well that by preventing me from signing the attendance register at Kaliyangile CS and quickly “replacing me” at Nankuntwe CS, I would virtually have no where to report so that he would have a basis, albeit flawed, to later claim “abscondment”, and therefore fulfil his expressed intention to dismiss me. This means I was actually dismissed on the 16th of February 2016 when I was prevented from signing in the attendence register, or on 26 February 2016 when someone was appointed at Nankuntwe CS, but the dismissal had to wait for 30 days!

Despite having appealled to the Pamenant Secretary against the forced transfer in time, she only responded to a transfer complaint five days following my subsquent dismissal.

However, I was at all material times present at Kaliyangile CS as my duty station despite being prevented from signing the attendance register, teaching and even prevented from seating in on a chair in the staffroom. Moreover, all communications and summons from the Director, through the Inspector, the Principal, and even Nampol, found me at Kaliyangile CS. If he wished to bring me before a disciplinary hearing for “abscondment” or “absence without leave”, or “refusing a forced transfer”, it was possible because I was reachable.

With regard to the transfer, according to the Public Service Act (PSA) of 1995, section 23 (2)(a), any staff member, in the public service, other than permanent secretaries is transferred by the Permanent Secretary – not by the Director. However, invoked with the principle of audi alterum partem (listening to the affected party).

On the dismissal, Section 5 (1) of PSA states that the discharge of any staff member from the Public Service shall be made by the Prime Minister, not by the Director, on the recommendation of the Public Service Commission. This should be invoked with consideration of section 33(1) of the Labour Act (2007) which states that “an employer must not, whether notice is given or not, dismiss an employee (a) without a valid and fair reason”.

It must be noted here that the Director is not only learned, but have been a supervisor in the Ministry of Education for more than 15 years and cannot therefore claim ignorance over who has the authority to transfer or dismiss teachers. Besides, ignorance of the law is not a defence in law.

As a matter of fact, I am not the only one who resisted a forced transfer. There are a number of School Principals or teachers who rejected forced transfers but they were not dismissed. There are more serious cases which have been put under the carpet by the same Director. For example, his own brother, a teacher, impregnated a learner but he was not dismissed. The Director is aware of this case but took no disciplinary action against his brother.

I am a victim of political persecution, despite that Section 30 (1) of the public service Act (Act 13 of 1995) provides that a staff member may (a) be a member of a political party; (b) attend, preside at or speak at a public political meeting; (c) draw up or publish any writing to promote the interests of any political party, among others.

However, justice will be served very soon.

Edwin M Samati

Former teacher, now Law Student

CCG Public Meeting Successfully Conducted

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CCG Public Meeting Successfully Conducted

By Event M Linyando*

Caprivi  Concerned Group (CCG) successfully conducted a public seminar on historical facts about Caprivi, human rights and unity, on Sunday 03 July 2016 in Katima Mulilo. The event was well attended that chairs in the conference room were not enough and some people had to get all chairs from the adjacent restaurant. It was also graced by the attendance of a mixture senior citizens and women.

In his keynote presentation, the Secretary General of CCG, Mr. Edwin Samati explained how and why the German-Portuguese declaration of 1886 and the Anglo-German treaty of 1890 did not incorporate Caprivi Strip to German South West Africa (GSWA), and how the Namibian Constitution or laws fall short of jurisdiction in Caprivi Strip.

According to Samati, if the 1886 declaration meant Caprivi Strip was part of GSWA, it wouldn’t be necessary for the same GSWA to seek authority from Britain to use or access the same territory (strip) four years later in 1890. He further explained that the 1890 treaty was not intended to incorporate or cede the Strip to SWA as implied by the Governor, but to have access to Zambezi River or have the strip as a sphere of influence and corridor to travel to Tanganyika, not a colony.

In an effort to demonstrate that Namibia had and has no jurisdiction over the Caprivi Strip, Samati relied on the Britain’s Order in Council of 1891 which had jurisdiction in Caprivi Strip; the Court Decision of 1908 which stated that German had no jurisdiction in Caprivi Strip; and Proclamation 147 of 1939 which states that laws of SWA would not apply is Caprivi Strip unless declared so to apply, especially because the later is not yet repealed or is still in force today.

Refering to the Kasikili/Sedudu decision by the International Court of Justice of 1999 where the 1890 treaty failed to save Namibia; and the claim by Mr. T Tsheko in the Bechuanaland Protectorate Legislative Council that the strip belongs to Bechuanalnad who was supported by then future President of Botswana Dr. Quett Masire relying on historical and cultural facts, Samati argued that Botswana stands a better chance to claim sovereignty over the strip than Namibia.

However, he emphasized that CCG is not a secessionist movement or a political party, but a civil rights movement which aims to see a lasting peaceful solution over the Caprivi political dispute found through political dialogue between Government and the UDP leadership or a referendum, and the unconditional release of all Caprivi political prisoners.

The public meeting and arguments in the keynote presentation was in response to claims made by Government of Namibia in a Joint Press Statement issued by the Caprivi Regional Governor published on 27 June 2016 in New Era Newspaper, that the 1886 declaration and the 1890 treaty are the key legal instruments which demonstrate that Caprivi Strip is part of Namibia (formerly SWA). In this statement, Government also claimed that CCG is involved in secessionist activities and its leaders should therefore be dealt with. The Governor, Hon. Lawrence Sampofu also called on the public to “report secessionist activities” of this group so that “the law can take its course.”

The Secretary General of CCG used the event to comment on tribalism and stated that Caprivi Concerned Group as a civil rights organization does not see tribes in individuals and can never promote or condone tribalism. “A human rights activist can never be a tribalist because he sees all human beings as equal beings no matter what tribe or race they belong to” he said.

He called for unity among Caprivians, and accused SWAPO of causing and promoting tribalism not only because well-known tribalists are SWAPO members but also because the party or its government is failing to take action against its tribalistic members. “We believe that SWAPO has something to benefit from tribal divisions among Caprivians… As one cannot expect a vector to cure malaria, SWAPO as the causer can never solve the issue of tribalism. Only Caprivians themselves can resolve the issue of tribalism because they understand each other much better in the absence of a third person” he stressed.

He called on Caprivians to be actively involved in denouncing issues which directly or indirectly affect them such as tribalism, oppression and continued incarceration of Caprivians. “We have suffered a lot under this government, our family members are in refugee camps, prison or mass graves but we seem to be fine about it! God helps those who help themselves, we are the voices of those people and we are free to speak for them – it is our right”.

Given an opportunity to comment or ask questions, some members expressed appreciation of the presentation and the efforts of CCG in general. “I am very happy to see this number of people attending, and I feel what was presented here today have armed us. I call upon fellow Caprivians present here to be strong and share what they learnt here with us others who remained at home”, one attendant said.

One of those who couldn’t hide his happiness is a former Caprivi political prisoner, Mr. Joseph Kamwi who motivated those present by telling them how he was tortured, transported from Katima Mulilo to Grootfontein naked, and spending 16 years in prison “but you can see me, here I am, I am still alive…” He also informed the audience that Government of Namibia have given him and others notices of appeal, “we are still hunted and whenever you will hear that I am arrested, disappeared or killed it is because of the Caprivi issue. I still believe that Caprivi is not part of Namibia because we have evidence of that”, he said.

A number of those who spoke suggested that there should be a big public meeting in a sports field, and that CCG should consider changing the name to “Caprivi Human Rights Group”. CCG leadership promised to look into the suggestions.

*Event Mubita Linyando is the Secretary for Information and Publicity in Caprivi Concerned Group. He is a former member the Namibian Defence Force where he held a position of a Corporal in the Assault Engineering Department until he resigned from the force in 2005.

JOINT PRESS STATEMENT BY THE HONOUbRABLE GOVERNOR OF CAPRIVI REGION, LAWRENCE SAMPOFU, AGAINST SECESSIONISM

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JOINT PRESS STATEMENT BY THE HONOURABLE GOVERNOR OF CAPRIVI REGION, LAWRENCE SAMPOFU, AGAINST SECESSIONISM

10 June 2016

I welcome you all to this press conference. I particularly welcome the representatives of our Traditional Authorities from all the four Traditional Authorities in Zambezi region.

I also welcome our National Leaders, the Honorable Ministers, Deputy Ministers and Members of Parliament who travelled all the way from Windhoek to specifically attend this press conference.

Therefore, this is iindeed a unique and special press conference in that it is the first time in history of the region for our four Traditional Authorities together with the our elected Local, Regional and National Leaders to speak with our voice on issues that I am going to address in this Press Conference. In other words, the issues I am going to address have been agreed upon and endorsed by our Traditional leaders together with our elected representatives.

SECESSIONIST ACTIVITIES OF THE SO-CALLED CAPRIVI CONCERNED GROUP: It is common cause that the people of Namibia emerged from colonialism on 21 March 1990. This was preceded by the drafting and adoption of the Constitution of the Republic of Namibia by the Constituent Assembly, a body that was tasked to draft the Constitution of the Republic of Namibia.

It is also common cause that the Constituent Assembly was chaired by one of the distinguished sons of Namibia, His Excellency Dr. Hage Geingob, our current President of the Republic of Namibia.

Seven political parties were represented in the Constituent Assembly and their members unanimously adopted the Namibian Constitution, our supreme law of the land.

This is consistent with the internationally recognised principles of democracy, namely, that those who are democratically elected are given a specific mandate to speak on behalf of those who elected them. It goes without saying therefore, that an unelected Concerned Group can not purport to speak on behalf of a nation or region. For some time now, we have observed the secessionist activities of the so called Concerned Group whose mission is to support the secession of the Zambezi region from the rest of Namibia. During the Presidential and National Assembly Elections of 2014, the Group was pre-occupied with instigating the residents of the Zambezi region not to take part in the elections apparently because the Zambezi region is not part of Namibia.

Their activities were repeated during the Regional and Local Authoriies Elections. Fortunately, they dismally failed to incite the residents of the Zambezi Region in both occasions. Their unpatriotic, divisive and secessionist activities were roundly rejected by the residents of the Zambezi Region. It is common cause that residents of the Zambezi region, just like other Namibian citizens went to the poll and freely elected their representatives.

Allow me therefore, on behalf of my colleagues to take this opportunity to express our appreciation and gratitude to our Traditional Authorities who mobilised their subjects to ignore the activities of the Group and vote for representatives of their choice, which they did in large numbers.

We have recently observed the activities of this Group through social media hailing insults at some of our National Leaders, as well as our Regional Leaders in furtherance of their secessionist activities. This kind of behavior is condemned in strongest possible terms and it is rejected with the contempt it deserves. We call upon responsible authorities to apply the letter and spirit of the laws of our Republic to deal with this Group which is hell bent to distabilize peace and stability that we enjoy today. We call upon all law abiding citizens of our region to report secessionist activities of this Group so that the law can take its cause. We are also aware that this so-called Caprivi Concerned Group is nothing but a front of the United Democratic Party led by Mishake Muyongo, an architect of secession.

As already pointed out, the Namibian Constitution which defines the international boundaries of Namibia under article 1(4), was unanimously adopted by all seven political parties represented in the Constituent Assembly, a body that was tasked to draft the Namibian Constitution. Unlike in most other independent African countries where independence constitutions were drafted mainly by the departing colonial powers, the Namibian Constitution was authored by Namibians themselves. Namibians from the Zambezi region took part in the constitutional development of Namibia through their political parties.

Indeed, as the 1989 Constituent Assembly election results show, Namibians from the Zambezi region were involved in not less than five (5) of seven (7) political parties which wrote and adopted the Namibian Constitution. These political parties are: the SWAPO party of Namibia, the DTA of Namibia, the United Democratic front of Namibia(UDF), the National Patriotic Front of Namibia (NPF), and the Federal Convention of Namibia (FCN). Therefore, no one from this region can claim that he or she was excluded from the constitutional developments of Namibia.

We wish to point out that three (3) colonial powers were involved in the delimitation of the international boundaries of Namibia to which Zambezi region is an intergral part, namely, Germany, Great Britain, and Portugal.

There are two main legal instruments which define the international boundaries of Namibia. These are:

a) “Declaration between Portugal and Germany, respecting the Delimitation of the possessions of the two Countries, and their respective spheres of influence in South Africa”, signed in Lisbon on December 30, 1886; and

b) “Agreement between Great Britain and Germany, respecting Zanzibar, Helogoland and the Spheres of Influence of the two countries in Africa”, commonly known as the Anglo-German Agreement of 1st July 1890.

Article 1 of the Declaration between Portugal and Germany of 1886 defines the northern boundaries of Namibia as follows:

“The boundary-line between the Portuguese and German possessions in South West Africa shall follow the course of the River Kunene from its mouth to the cataracts which are formed by that river to the south of Humbe when crossing the range of the Canna Hills. From this point the line will run along that parallel as far as the River Kubango, (Kavango) and thence it will continue along the course of the same river as far as Andara which place is to remain within the sphere of German interests. From this place (i.e. Andara) the boundary-line will continue in a straight direction eastwards as far as Catina (i.e. Katima Mulilo rapids), on the Zambesi (Zambezi)”.

Following the demarcation of the northern boundary of Namibia during the 1940’s, the last beacon is still visible near the Katima Sesheke Bridge at Wenela area. It is clear from the provisions of the 1886 Declaration that the area known as German South West Africa INCLUDED the Zambezi region.

The Anglo-German Agreement of 1st July 1890 completed the description of the land mass of German South West Africa known today as Namibia.

Again, it must be noted that the name South West Africa, which include Zambezi region was specifically mentioned by name in the Anglo-German Agreement of 1st July 1890 referred to above.

The description of the boundary started at Orange River. The material clause is Article III(2) which, inter alia reads as follows:

In Southwest Africa the sphere in which the exercise of influence is reserved to German is bounded: To the east by the line commencing at the above-named point, and following the 20th degree of east longitude to the point of its intersection by the 22nd parallel of south latitude; it runs eastward along that parallel to the point of its intersection by the 21st degree of east longitude; thence it follows that degree northward to the point of its intersection by the 18th parallel of south latitude; it runs eastward along that parallel till it reaches the river Chobe; and descends the centre of the main channel of that river to its junction with the Zambesi, where it terminates. It is understood that under this arrangement Germany shall have free access from her Protectorate to the Zambesi by a strip of territory (the Caprivi Strip) which shall at no point be less than 20 English miles in width. (emphasis added).

It is crystal clear from the provisions of Article III(2) of the Anglo-German Agreement that the description of South West Africa INCLUDED Zambezi region.

German official maps, South African official maps and most importantly the United Nations maps ALL show that Zambezi region is an intergral part of Namibia.

In 1966, the United Nations by General Assembly Resolution 2145 (XX1), 27 October 1966 (Official Records of the General Assembly, Twenty-first Session, Supplement No. 16, document A/6316) terminated South Africa’s mandate over South West Africa.

In 1967, theUnited Nations denounced South African rule as illegal and assumed de jure government of Namibia through the newly established UN Council for Namibia. (General Assembly Resolution 2248S-V, 19 May 1967, Official Records of the General Assembly, Fifth Special Session, Supplement No. 1, document A6657). Although there was little the UN Council could do to as a practical matter to assert its authority over Namibia, it did engage in a fairly extensive mapmaking programme.

In 1977, the United Nations published Map No. 2947 of Namibia, pursuant to a Resolution of the UN General Assembly, requesting “the Secretary-General urgently to undertake, in consultation with the UN Council for Namibia, the preparation of a comprehensive United Nations map of Namibia reflecting therein the territorial intergrity of the territory of Namibia” (General Assembly Resolution A/31/150, 20 December 1976, Official Records of the General Assembly, Thrity-first session, Supplement No. 39, document A/31/39). This map, at a scale of 1:4,000,000, was the first map published by the United Nations. (Namibia 1:4,000,000 United Nations, October 1977 Map No. 2947). Another map of the same scale was published in 1984, (Namibia 1:4,000,000 United Nations,1984, UN Map No. 3228 Rev. 1).

Then in 1985, a large format map was published pursuant to Resolution 35/227H of the UN General Assembly of 6 March 1981 (Official Records of the General Assembly, Thrity-fifth Session, Supplement No. 48 document A/35/48). The UN announcement of its publication reveals how carefully the UN cartographers constructed this detailed map. For example, it stated that:

“Over 450 seperate topographic maps, bathymetric charts, road maps and thematic material were examined and used. The final product was combined with a mosaic of satellite imagery prepared by the Remote Sensing Centre of the Food and Agriculture Organisation”.

The territory of Namibia is shown by hypsometric tinting that clearly covers the Zambezi Region. The legend states that “this map represents an official United Nations map of Namibia and supersedes any other map of Namibia or South West Africa hitherto published by South Africa”. It was circulated in an edition of 1,000 copies and was given maximum publicity. The map is at a scale of 1:1,000,000 (Namibia 1:1,000,000 United nations 1985, UN Map No. 3158).

It need hardly be said that the 1886 Declaration between Portugal and Germany, and the Anglo-German treaty of 1890 were major episodes in “the Scramble for Africa” through which some colonial boundaries in Africa were delimited by European Powers in the nineteenth century. It is also common knowlegde that these colonial boundaries divided communities at a large scale. Thus the delimitation of the boundaries of Namibia by European powers was not unique to this part of Africa.

It is an established principle of international law, generally known as uti possidetis, that where a territory was under the control of such a colonial power, the territorial sovereign limits of the successor State is limited to the territory previously under the control of such colonial Power. Namibia, therefore, inherited the territory under the effective occupation and control of the colonial powers. i.e. German and thereafter South Africa.

The inherited colonial territory is today embodied in Article 1 (4) of the Namibian Constitution which Mr. Muyongo ably assisted to draft. Article 1 (4) states as follows:

“The national territory of Namibia shall consist of the whole territory recognised by the international community through the organs of the United nations as Namibia, including the enclave, harbor, and port of Walvis Bay, as well as the off-shore islands of Namibia, and its southern boundary shall extend to the middle of the Orange River”.

It is clear, therefore, that the territory recognised by the internattional community through the organs of the United Nations as Namibia includes Zambezi region as evidenced by the maps published by the United Nations.

The legal position regarding the status of Zambezi region is, therefore, very clear. The region is and has always been regarded by the Namibian people, colonial authorities, and the international community as an intergral part of Namibia. Mr Muyongo himself confirmed this position when he proposed on 4 December 1989 in the Constituent Assembly during the drafting of the Namibian Constitution that Namibia should become a unitary state.

Indeed, what Mr Mishake Muyongo proposed on 4 december 1989 during the drafting of the Namibian Constitution was accepted by the Constituent Assembly. This is what he proposed: ‘Mr Chairman, Namibia will be a unitary, sovereign and democratic state. What do we understand by a unitary state?

A UNITARY NAMIBIA IS A STATE THAT ABIDES BY THE PRINCIPLES OF TERRITORIAL INTEGRITY AND REJECTION OF SECESSION (NAMIBIA CONSTITUENT ASSEMBLY DEBATES, 21 NOVEMBER – 31 JANUARY 1990).

Mr Muyongo’s constitutional proposals are today contained in Article 1 (1) of the namibian Constitution and reads as follows: “The republic of Namibia is hereby established as a sovereign, secular, democratic and unitary State founded upon the principles of democracy, rule of law and justice for all.”

This Article was preferably refered to as Muyongo clause. Today the same Muyongo is shooting at the very constitutional provision which makes Namibia a unitary State. A provision which he helped to draft.

We have also recently witnessed what appears to be a one person mebership to the so-called Movement for the Survival of the River Races in Zambesia.This individual is promoting scattered papers of explorers, including maps which were drawn before the international boudaries of Namibia. It is claimed that the so called people of Zambesia are seperate from Namibia and constitutes a seperate country.

This claim is simply dismissed with the contempt it deserves. In any event, we are aware that while patriotic Namibians were fighting to liberate Namibia, the same individual was a Zambian national who was fully employed and drawing a good salary. The same individual came back to Namibia before independence, and again drawing a good salary from the apartheid colonial regime. We therefore call upon patriotic Namibians from Zambezi region to shun this individual. Given his past record, he is simply not qualified to speak about freedom which he failed to fight for during the colonial period.

It is a fact that during the struggle for freedom and national independence, many Namibians who were born from other parts of Namibia died in this Region fighting for the independence of Namibia. Most prominent among them are Tobias Hainyeko who was killed at Namwi Island, plus minus 6 kilometers east of where we are and Hanganee Katjipuka. Equally a countless number of Namibians who were born from Zambezi Region died in other Regions of Namibia. This is because we believed that we were fighting for one country and one cause.

We believed that we were all Namibians. This is what Brendan Simbwaye, Greenwell Matongo, Benjamin Bebi, Richard Kapelwa Kabajani, David Chatambula Masida, Judea Lyaboloma Tubukwasa and Maxwell Kulibabika all fought for Namibia. We should never betray them. Victims of 1960s Massacres at singalamwe and Shatuhu which occured during the struggle to liberate Namibia died in the name of Namibia, we must NOT betray them.

Source: New Era Newspaper, Friday, 17 June 2016, p. 39

IMMINENT ATTACK BY NAMIBIAN SECURITY FORCES IN CAPRIVI STRIP

Caprivi Concerned Group

IMMINENT ATTACK BY NAMIBIAN SECURITY FORCES IN CAPRIVI STRIP

We are reliably informed that Namibia’s Ministry of Defence have their national security forces sensitised, and their arms or ammunitions ready, for an unknown operation in Caprivi Strip.

Last week, ammunitions in Mpacha Military base were cleaned in preparation for an unknown operation in the Strip, and yesterday on 15 June 2016, a company of (about 400) NDF members, and some special Reserve Forces, were sent to the strip for the same unknown operation.

It is our understanding that when security forces are sent out, fully armed and sensitised, they are going there to attack or defend. We therefore call upon the Commander in Chief of the Namibian Defence Force, Dr. Hage Geingob, to tell the nation what the military operation is all about, and / or what necessitates it.

We further call on human rights organisations and all concerned parties to keep their eyes on Caprivi Strip, and the UN Security Council to also keep a closer eye on the activities of these Namibian forces which already have a very bad record of serious human rights violation in the concerned territory.

We also call upon all Caprivians to be vigilant, especially former Caprivi political prisoners and Dukwi returnees, not to go to the forest alone or go anywhere at night. We all know that this is what happened in 1998, more soldiers were sent to the Strip and harassed people in villages, which subsequently led to the exodus to Botswana.

Event Linyando (Former NDF soldier)
Secretary for Information and Publicity
Caprivi Concerned Group

NAMIBIA WISHES TO APPEAL AGAINST RELEASE OF FORMER CAPRIVI POLITICAL PRISONERS

Caprivi Concerned Group

 

 

 

 

 

NAMIBIA WISHES TO APPEAL AGAINST RELEASE OF FORMER CAPRIVI POLITICAL PRISONERS

 
28 May 2016

 
Caprivi Concerned Group (CCG) is disturbed by the intention of Government of Namibia to pursue an appeal against some forty-two (42) former Caprivi treason prisoners who were released in 2013 and 2015.

 
These men suffered a lot already in the hands of Namibia during their 13 to 16 years of unlawful detention. We view this appeal as nothing but political persecution and an attempt to frustrate or avoid civil claims of unlawful detention, and should be condemned by all peace loving people.

 
Detective Inspector Evans Simasiku, who deliberately bumped a member of CCG on Thursday 26 May 2016 at Kongola with a car, is going around telling the Caprivi treason ex-prisoners that “the state is not satisfied” with how they were released so they should be aware that anytime they will be needed in court because they are expected to oppose the application for leave to appeal on the date to be decided by court.

 
He is also serving them with the copy of the Notice for the Application of Leave to Appeal signed by the Prosecutor General, Lourens Campher, and dated 17 May 2016. The name of every recipient of the copy is noted and is required to sign apparently to show that he received a copy. According to Simasiku, those listed in this appeal should apply for legal aid even through the clerk at the nearest magistrate’s court.

 
CCG understands and believe that all who were discharged or acquitted in the main Caprivi High treason trial are since, and before, then innocent; however, having received the notice, they are expected to oppose or challenge the application, henceforth, we advise all those whose release is to be appealed against by the state to apply for legal aid the soonest. We ask their family members and all peace loving people or organisations to support them all the way.

 
They are as follows:

1. Calvin Malumo
2. Joseph Kamwi
3. Herbert Mutahane
4. John Masake
5. Chist Mushe
6. Kisko Sakusheka
7. Tobias Kananga
8. Ferederick Lutuhezi
9. Fred Ziezo
10. O’brien Mwananyambe
11. Joseph Mufuhi
12. Ernest Lifasi
13. Joseph Kabuyana
14. Richard Mungulike
15. Genes Kabotana
16. Stephen Mashando
17. Vasco Lyonga
18. Phelem Mutuwangele
19. Boswell Muyumbano
20. Ernest Samunzala
21. Wilsom Mutumuswana
22. Linus Luseso
23. Thaddeus Mundube
24. Gilbert Poshowe
25. Victor Lunyandile
26. Simon Mubita
27. Charles Samboma
28. Ignatius Tubushalila
29. Tiiso Manyando
30. John Samati
31.  Francis Pangala
32. Sylvester Ngalaule
33. Austen Ziezo
34. Andreas Mulupa
35. Roster Lukato
36. Davis Mazyu
37. Britan Lielezo
38. Brendan Luyanda
39. Frans Muhupulo
40. Gabriel Mwilima
41. Oscar Puteho
42. Richwell Manyemo

We do not anticipate that they will be re-arrested, but it should be noted that when the state appeals against an acquittal, literally, it wishes them to be re-arrested and convicted. For obvious reasons, political and natural hatred against Caprivians, the Namibian state wishes to get them behind bars again.

 
We therefore call upon the nation, nations, and other organizations to condemn this continued political persecution against Caprivians by the Namibian government.

 
Edwin Samati
Secretary General
Caprivi Concerned Group

Press Statement CDE. KANGONGO IS STILL MISSING

Caprivi Concerned Group

10 May 2016

Press Statement

CDE. KANGONGO IS STILL MISSING

We wish to express our sencere gratitude on the report by the Namibian police suggesting that our Deputy Chairperson, Cde. Retief Kangongo crossed the Muhembo Border post to Botswana probably for his safety. We appreciate their investigation.

However, as long as his whereabouts, with regard to where exactly he is, remains unknown or uncertain, it remains that he is still missing. We do not regret nor shall we apologise for saying that the Chief of Nampol, Sebastian Ndeitunga and others should be held responsible for whatever might have happened to Kangongo. This is so because of the threats from Ndeitunga towards leaders of Caprivi Concerned Group (CCG) since 2012, particularly the latest threat he issued the day before or on which Kangongo disappeared.

Let it be established as to why he fled to Botswana leaving his family and properties behind, but we still believe that the Police Chief’s threats are the principal cause. As much as such malicious threats were issued by Ndeitunga in his capacity as the Inspector General of Nampol, and are upheld by him, his force or the higher authority, we shall uphold our reasonable belief that he and others should be held responsible if not accountable for whatever happened to Cde. Kangongo.

We urge the Namibian police and journalists not to treat findings suggesting that he crossed to Botswana as if it means he was found. The fact remains that he is still missing since we and his family do not know where exactly he is and there is no communication since he disappeared. However, we will ensure our own investigation by privately engaging the Botswana government to establish his whereabouts, his safety and security in that country if truly he crossed.

Regarding an accusation of stealing a cellphone, we are informed that police established that he was falsely accused, hence he was neither charged nor punished. Claiming that he fled because of his alleged involvement in the cellphone story is pure fallacy. He actually owned two cellphones, and he has no record of theft from childhood.

Finally, we suspect that there might be other people who may have recently fled to Botswana for their safety as a result of these threats by Police Chief. However, we are still saying, Nampol should be held responsible for whatever might have happened to Kangongo, and human rights organizations should be on alert and keep their eyes on Caprivi Strip.

Thank you.

Edwin Samati

Secretary General

Caprivi Concerned Group

Cell no: +264814960827

www.capriviconcernedgroup.com

Press Release: CCG DEPUTY CHAIRPERSON MYSTERIOUSLY MISSING

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Press Release:

CCG DEPUTY CHAIRPERSON MYSTERIOUSLY MISSING

Monday, 02 May 2016

We wish to inform the nation and all human rights organizations that our Deputy Chairperson, Mr. Retief Kangongo is missing since the morning of Saturday 30 April 2016 following the report by New Era Newspaper of the preceding day, Friday 29 April 2016, in which leaders of Caprivi Concerned Group (CCG) were maliciously threatened by the Inspector General of the Namibian police.

In the newspaper report, the Inspector General, Sabastian Ndeitunga, was reported as saying “we have been working hard to make sure that if they continue with the idea of Caprivi secession, to dismember the Republic of Namibia, they will face the same fate like those ones who were in court or are now behind bars.”

He continued, according to the report, saying “they (CCG leaders) can go to sangomas a million times, we don’t care with sangomas… We don’t believe in sangomas, it’s a waste of time, our bullets will never distinguish between a secessionist and a sangoma. They will face the same fate.”

It is well documented that many suspected “secessionists” disappeared without trace between 1998 and 2004 up to now. Last year in the same newspaper in May, the same Inspector admitted that “some of the suspects in the protracted Caprivi high treason case endured the worst forms of torture.” In 2014, the National Coordinator of CCG, Mr. Aldrin Mahulilo, was taken by Namibian police officers from Katima Mulilo town centre to the bush by Choto informal settlement where he was forcefully undressed, pepper sprayed on face and left there.

The last time some of us telephonically spoke with Cde. Kangongo was Friday evening when he was in Rundu. He informed us that there is a suspicious car following him to every place he goes. He promised to inform us if anything will happen to him if possible, but we have failed to communicate with him since then, and his family members are also unaware of his whereabouts. If anyone knows his where abouts or have a clue of what actually happened to him, please inform us.

The threats by Ndeitunga, and the unfortunate missing of our comrade follows an unconfirmed rumor which have been circulating for the last three weeks that there exist a “hit list” featuring CCG leaders and some current (and former) leaders of the United Democratic Party (UDP) and the Democratic Turnhalle Alliance (DTA). It is also believed that there are some Vambos and Caprivians hired to assassinate those nationalists on the list. Comrade Kangongo, like all CCG leaders is believed to be on such a list.

With all these, we have reason to believe that something sinister might have happened or done to him by either the Namibian Police, the Hit Squad, Political leaders insulted in video reported by New Era Newspaper, or some Namibian community members who might have been influenced by Ndeitunga’s call to condemn secessionists and not to “allow anyone to distabilise peace and security in Namibia”. It is therefore our conviction that if anything negative happened to Cde. Kangongo, the Inspector General and New Era Newspaper should be held responsible if not accountable.

We also call upon human rights organisations and the international community to keep their eyes on Caprivi Strip and to condemn the state funded witch hunt and/or manhunt and human rights violations perpetuated against suspected Caprivi nationalists, CCG leaders and sympathisers. Our lives are in danger, and anything can happen to us anytime.

Edwin M Samati

Secretary General

Caprivi Concerned Group

Caprivi Strip, Southern Africa

concernedcaprivians@gmail.com

PRESS RELEASE: WHOEVER STOLE AND RELEASED THE VIDEO SHOULD BE IDENTIFIED AND CHARGED

Caprivi Concerned Group

30 April 2016

Katima Mulilo, Caprivi Strip

PRESS RELEASE: WHOEVER STOLE AND RELEASED THE VIDEO SHOULD BE IDENTIFIED AND CHARGED

Caprivi Concerned Group unapologetically confirms that the video clip being circulated through WhatsApp and other means on which Newera Newspaper published a story last Friday, is our private property which was recorded in a private place for private purposes.

However, we further state and confirm that we are not responsible for releasing or distributing the said clip. The content of the video was not with all intent meant for public exposure, nor to harm any individual, any legal person or the Namibian state.

We urge our supporters and sympathisers not to panic and to support the Inspector General of NAMPOL, Cde. Sebastian Ndeitunga, in his quest to trace the culprit who obviously stole and released the video. We have also consulted our legal advisors and there is a possibility of oppening a criminal case of theft in which we expect Newera newspaper and NBC to help with investigations or be held liable.

It is undisputable that anyone with the video, i.e. the newspapers or NBC, did not seek the consent from us the legal owners of the clip. However, we are not surprised that the state newspaper and television decided to report about the video on Friday 29 April 2016, the date which was set for a hearing on the Caprivi treason appeal in Windhoek High Court. It is not just a coincidence, it was planned for political reasons and to distract or I’ll influence the cause of justice.

In conclusion, we advise those who are circulating the clip that they should stop doing so as it is un-African and an abomination to share malicious insults of elders, it infringes the personal liberty or integrity of our respected and humble leaders, and violates our right to privacy. Surely, such acts are also a risk of being charged and convicted of theft or a civil law suit.

We call upon the Namibian Police Inspector General to investigate and find the person who stole and published the clip. If possible, there should be a N$10 000 reward by Nampol for anyone who will name the culprit.

God bless Caprivi Strip! The struggle continues…

Executive Leadership

Caprivi Concerned Group