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New Era Newspaper Wednesday August 9, 2017

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2 NEWS Wednesday, August 9 2017 | NEW ERA 21 years for perverted murder Nuusita Ashipala Ongwediva An Angolan cattle herder was last Friday sentenced to 21 years imprisonment for theft, murder and violation of a dead body, after he was found guilty of murdering a pregnant Augustino Pombili Mwalimushi on April 14, 2015 at Omutemo village in Omuntele Constituency. Mwalimushi was a domestic worker in the same house as the accused and was three months pregnant at the time of her death. Judge Marlene Tommasi sentenced Shituleipo Mwahafa Estus, whose age is estimated to be between 18 to 22 years of age, to six months imprisonment for the theft of the deceased’s cellphone, which was found in his possession, three years for violating a dead body and 20 years for murder. The first count of the six months sentence as well as two years of the second count are ordered to run concurrently with the sentence imposed in count three. Estus pleaded guilty to all three counts. On the night of April 14, 2015 an intoxicated Estus is said to have stabbed Mwalimushi with a knife, fracturing her clavicle and causing injury which resulted in bleeding on the brain and swelling and bruising on her left eye. Mwalimushi fled and died in a nearby mahangu field, where the accused violated the corpse by inserting his penis and sand into her vagina. Judge Tommasi during sentencing said she considered the murder heartless, barbaric and perverted, and perpetrated against a vulnerable woman in the privacy and security of her home. “The violation of the corpse demonstrated the lack of respect and appreciation for community values; and the theft a further indication of his selfish desire for gratification,” she said. Given the gravity of the offences committed by Estus, the court emphasised the need for deterrence and retribution at the expense of his personal circumstances and consideration of his reform. Estus was employed as a cattle herder at the homestead where he was employed for a period of three months before committing the crime. He was arrested on April 15 and has been in custody since his arrest. BILL From page 1 President Hage Geingob is expected to sign the passed Bills into law in due course. This means Namibia will now keep time with South Africa at GMT +2 hours and not switch to winter time. The education ministry will now also allow individual schools to elect to change their starting and closing hours according to local circumstances, but only after consultation with learners’ parents. The Namibian Time Bill 2017 was tabled by the Minister of Home Affairs and Immigration, Pendukeni Iivula-Ithana, in the National Assembly on February 22, 2017. The Bill seeks to provide for the standard time of Namibia and repeal the Namibian Time Act of 1994. During debates on the Bill, the National Assembly could not reach consensus, and subsequently referred the Bill to the committee for further scrutiny and public consultation. During public consultation, the Namibian Employers’ Federation (NEF) revealed that about 80 percent of the companies it engaged showed that workers were in favour of returning to GMT +2 hours all year round in line with South Africa and other countries in the region. The old Namibian Time Act of 1994 states that during the summer period the time be set two hours ahead of Greenwich Mean Time, and then be shifted one hour ahead for the winter period. The passing of the Bills follows the resumption of the National Council session on July 31, after the National Assembly has passed and referred them. Other Bills that were passed include the Whistleblower Protection Bill (Bill No. 1 of 2017), which was passed without any amendments last week, the Lotteries Bill (Bill No. 5 of 2017) which was passed with amendments yesterday and the Controlled Wildlife Products and Trade Amendment Bill (Bill No. 6 of 2017) that was also passed yesterday without amendments. One other is the Usury Amendment Bill (Bill No. 10 of 2017), which was passed without any amendments last week. However, the Namibia Revenue Agency Bill (Bill No. 11 of 2017), Regional Councils Amendment Bill (Bill No. 23 of 2016), Local Authorities Amendment Bill (Bill No. 25 of 2016), the One-Stop Border Posts Bill (Bill No. 8 of 2017) are still at debate level at the committee stage and such discussion is expected to continue today in the House. ZUMA From page 1 “The ANC regards it as paramount that not just our elected representatives‚ but all South Africans are able to engage on the most critical issues facing our country without fear or favour. “The biggest victor of today’s event is our constitutional dispensation. It once again reaffirms the ANC’s position as the leader of society in that the country’s MPs are able to exercise this critical constitutional provision aimed at safeguarding our democracy. “Whilst the ANC has consistently noted the numerous challenges facing our democracy as presented by the political opposition – at the same time we cannot lose sight of the record of success and achievement under the ANC government as presented by ANC MPs in today’s debate.” – Sunday Times HIV From page 1 Before going to an area the teams give out information that they would be going into the neighbourhood to do tests. She explained that this is to prepare people by giving them the correct information for them to participate. “This is a survey that is going to help all Namibians from all walks of life and it is the duty of everyone in the nation to take part, whether HIV positive or negative we have something to contribute,” said Banda. The data derived from the survey will be used to, amongst others, advocate for more resources should there be a need for new resources, added Banda. The data from the survey could also be used to change some HIV interventions. “HIV has a huge socio-economic impact – so you might not actually be positive yourself but it has an overall impact on the economy. In order for the government to start investing in other areas like education, agriculture and so on, we need to deal with this problem of HIV which is affecting our economy,” said Banda. Communications officer for the NAMPHIA project, Farai Nyakunu, said similar surveys have had a positive impact in other countries. “For example, Swaziland was recently in the news for having slashed half of their HIV rates, so this is an important opportunity for people to take advantage of the survey,” Nyakunu added. The goal of NAMPHIA is to examine the current distribution of the HIV epidemic and assess the impact of Namibia’s prevention, care and treatment response across the 14 regions of the country. NAMPHIA will measure the rate of new HIV infections, HIV prevalence estimates by region and the effectiveness of HIV treatment as measured by viral load suppression among people living with HIV and on antiretroviral treatment (ART) by region. This will be the first time that population-based information about prevention, care and treatment of HIV in infants and children will be collected on a national scale. The survey will help people learn about their own health by providing HIV testing and results to participants. People who already know their HIV status are encouraged to participate as the survey services include other tests to assess disease progression, or treatment response, such as CD4 and viral load testing. The tests are conducted in the convenience and privacy of one’s own home. The survey staff will also provide information about HIV prevention and treatment to all participants. “We only have the sentinel surveillance data for pregnant women but it’s not representative because it leaves out men and it leaves out women that are not of sexual reproductive age. This is going to be the first population-based data that Namibia is going to get and we will have some really good estimates for each region,” said Banda. In terms of the technical aspects, Banda said the teams are well trained. “We haven’t had a lot of issues in that regard, even with the lab samples and the tests in the field. We have had very few, if any, discrepancies,” Banda said. NAMPHIA is a Ministry of Health and Social Services survey, funded by the United States President’s Emergency Plan for AIDS Relief (PEPFAR), through the U.S. Centers for Disease Control and Prevention (CDC). CATTLE From page 1 They were denied bail and are remanded in custody. Deputy chief veterinary officer: animal disease control in the Directorate of Veterinary Services, Dr John Shoopala, told New Era on Monday the accused have also been charged for illegally bringing the livestock into Namibia as no import permit was sought for the exercise. According to Shoopala, laws governing the movement of animals between countries are strict to avoid a possible loss of income to farmers and the country, hence the stiff punishment. “Namibia is a country governed by the rule of law and everything has to be done by the book, no shortcuts at all. It will depend on the presiding officer in the matter, but that is the stipulated punishment range for such an offence,” Shoopala explained. He said Namibia as a beef producing country and also a major exporter of the commodity has enacted the stiff punishment to deter would-be offenders from jeopardizing the sector. “Many people in Namibia are dependent on livestock farming and it is also a major contributor to the country’s economy, therefore the government is strict on these issues,” he said. Shoopala said the fact the cattle were driven through an undesignated entry point into Namibia is a clear testimony that the culprits in the matter never intended to make use of applicable procedures governing livestock imports. The matter was critical taking into account that a part of Botswana is quarantined as it is prone to the dreaded foot and mouth disease (FMD).

3 NEWS Wednesday, August 9 2017 | NEW ERA Supreme Court reverses key judgment Roland Routh Windhoek Five judges of the Supreme Court reversed a previous judgment by the court relating to the jurisdiction of Namibian courts on accused persons brought into the country unlawfully by state security agents. According to Chief Justice Peter Shivute, who wrote the judgment with concurrence from three other Supreme Court judges and one dissenting, Article 1 of the Constitution provides that the Republic of Namibia is established as a sovereign, secular, democratic and unitary state founded upon the principles of democracy, the rule of law and justice for all. “The rule of law requires that even people accused of committing heinous crimes must be dealt with according to the law. Where a person is brought before court in violation of international law, the rule of law – a foundational principle of the Constitution – requires that a court critically examine the conduct of the law enforcement agency in securing the presence of the accused within the territorial jurisdiction of the court,” Chief Justice Shivute emphasised. This he said when he – with appeal judges Petrus Damaseb, Dave Smuts, Yvonne Mokgoro concurring and Acting Judge of Appeal Theo Frank dissenting – reversed a previous judgment by the Supreme Court that Namibian courts had jurisdiction to try Osbert Mwenyi Likanyi. Frank reluctantly agreed to the order, as he is of the opinion it amounts to a “get out of jail free card” in respect of the very serious charges he would potentially be facing if he otherwise decided to voluntary return to Namibia. “Instead of facing the prospects of remaining a refugee in Botswana or returning to Namibia and face charges, he can now remain in Namibia without ever having to account for his Charles Tjatindi Gobabis Residents of Otjombinde Constituency in Omaheke Region, who have endured three weeks of livestock movement restrictions, can now sell and trade with their livestock again. This follows the lifting of livestock movement restrictions in the drought prone constituency last week Wednesday, after fears of a possible infection of the dreaded Foot and Mouth Disease (FMD) were allayed. Deputy chief veterinary officer in the Ministry of Agriculture, Water and Forestry Dr John Shoopala confirmed this to New Era on Monday. The restriction of livestock movement, or quarantine - as it is also referred to - was introduced after two men illegally drove in cattle from neighbouring Botswana, which were suspected to be carrying Foot and Mouth Disease (FMD). The men were subsequently arrested, and the cattle - a cow and a calf - were impounded. The restrictions meant that many residents, most of whom sorely rely on subsistence animal husbandry for a living, were left without a source of income as they couldn’t sell their livestock. whereabouts during the armed insurrection,” he stated. The issue stems from an earlier judgement by the Supreme Court which found that Boster Mubuyaeta Samuele was abducted illegally from Botswana by Namibian security agents and thus Namibian courts had no jurisdiction to try him. Likanyi was in the same group as Samuele. An appeal by the State to the Supreme Court in 2015 to set aside and reverse a decision by High Court Judge Elton Hoff declaring that Namibian courts do not have jurisdiction over Likanyi - was this week reversed by the Supreme Court. Hoff’s initial ruling was thus upheld and Likanyi was granted the same grace as Samuele. The Supreme Court ordered that Likanyi must be released from custody immediately and that he is free from future prosecution on the same charges. He had been sentenced to 15 years in prison by Judge Hoff at the end of the long-running treason trial. After the Supreme Court granted Samuele immunity from prosecution and released him from prison earlier this year, Likanyi filed an application to the Chief Justice through his State-funded lawyer, Advocate Gerson Nyoni, for the High Court to reverse its decision of 2015 that he is liable to be tried in a Namibian court. According to Chief Justice Shivute, the previous judgment failed to give full effect to the peculiar factual circumstances of Likanyi resulting in an indefensible injustice to him. He said the importance of the State adhering to the rule of law cannot be overemphasised. Likanyi was part of the second group of treason-accused that went on trial in Grootfontein in 2004 that entered a special plea on jurisdiction. He was accused of taking part in a conspiracy aimed at overthrowing the Namibian government in the former Caprivi Region between September 1998 and December 2003. Livestock movement restrictions lifted in Otjombinde Blood samples drawn from the animals, however, cleared the livestock of any sign of FMD, which led to the lifting of livestock movement restrictions. Shoopala said the animals were allegedly stolen from an FMD-free zone in Botswana and it was almost certain they do not carry the feared strain, which could have a catastrophic effect on the beef sector if not curtailed. It was, however, vital to test the livestock of the disease in order to be absolutely certain. “The police in Botswana informed their Namibian counterparts that the animals came from an FMD-free zone, but we were not sure if they have had contact with animals in the FMD area,” Shoopala said. Shoopla noted that the imposition of restrictive measures is standard in such a case, as failure to do so could result in the disease spreading and becoming difficult to control. “These are standard measures. We cannot take the chance and therefore leave nothing to chance. If those cattle were found to be FMD positive, they would certainly have been destroyed,” he said. Otjombinde Constituency lies on the extreme eastern part of Namibia, bordering Botswana. Despite the frequent restriction of livestock movement in the constituency, the area is also prone to drought and its adverse effects during the dry periods of the year. Photo: John Muyamba Crime of desperation… Natalia Ngoma who was first arrested for shoplifting and later for escaping from lawful police custody. Shoplifter arrested for escaping from custody John Muyamba Rundu Natalia Ngoma, 34, who was re-arrested last Thursday for escaping from lawful custody after she was taken in for stealing orange juice worth N, which she gave her baby of less than a year old to drink in Shoprite was denied bail in the Rundu Magistrate Court on Monday. Natalia’s case was remanded to August 10 for the continuation of trial and she was remanded in custody as she is charged with escaping from lawful custody, a very serious offence. Her twin babies were handed to her family. Natalia was taken into police custody on Thursday for shoplifting after security footage from Shoprite showed her taking juice, which she gave to her baby. Staff from the retail shop reported her to the police at Rundu Police Station, where officers took her in for questioning and intended to release her with a warning, but she escaped and was later the same day re-arrested. Last Thursday she spent a night in police custody with her twin babies in a special room. Natalia appeared before Magistrate Helen Olaiya while Helvy Gorases prosecuted. Arrested Zim expatriate denied bail John Muyamba Rundu Rundu Town Council employee Sithembinkosi Nonthando Moyo, 32, a Zimbabwean national was arrested on Sunday on a charge of contravening section 30 of the Immigration Act by conducting business, contrary to the conditions of her employment permit was denied bail in the Rundu Magistrate’s Court. Moyo’s case was remanded to September 11 for further investigations and she was ordered to remain in custody as the State opposed granting her bail, fearing she might interfere with police investigations. Moyo was employed in 2010 by RTC as an environmental health officer and is currently the head of the public and environmental health division within RTC. She is alleged to have been doing other private business on the side, which contravened the terms of her work permit. Moyo yesterday appeared before Magistrate Sonia Samupofu, who denied her bail. Emma Mayavero represented the State and Johannes Kandjimi acted as interpreter. Foot and Mouth Disease

New Era

New Era Newspaper Vol 22 No 167