Editorial
We don’t know whether his Excellency President Hifikepunye Pohamba would pardon 112 men who are suspected to be taken part in the attempt to secede the Caprivi region between 1992- 2002 after 
The closure of the prosecution case in the High Court of Namibia at Windhoek Central Prison recently is a welcome news to all trial awaiting prisoners and the public.
This has been recorded as the only longest trial in Namibia’s history, though before the trial started about 132 men were arrested , ten ( 10) have died waiting to be tried and only 112 alive today.
The state announcement to close the prosecution team to continue testifying in court with state witnesses after ten years is a signal that the trial will come to an end this year and this shows that our State Justice System is purely independent.
Now that the challenge is among the defence team to continue with their discharge applications to release the accused persons who have been languishing in prison for more than a decade, including the court to prove them guilty or innocent with evidence.
In all this , If the State chooses not to acquit the 112 remaining accused persons , what will happen to our democracy ?… but since is a political case I think there’s still a room to find the lasting solution to this case.
Since the ball is in their hands now, accused on a total of 278 charges that count together the case of high treason plus counts of murder and 240 charges of attempted murder with an alleged conspiracy to secede the Caprivi Region.
However, they are still confusing signals that if the state will prove beyond reasonable doubt as it has been reported this will lead to criminal offence to each element who will be proven guilty before the court of law.
But other signals if looking merely deeper in the legality with definitions of sovereignty, this may bring arguments that in terms of the newly gazzetted law called NOTICE No. 117 Promulgation of Application of Laws to the Eastern Caprivi Zipfel Act, 1999 (Act 10 of 1999), of the Parliament
Laws of the Republic of Namibia were only applicable to the Caprivi Region on July 12 ,1999 while the secessionist have already gone in exile finding means to take Caprivi by military means which later failed
As it was signed by the president of the time (Dr. Sam Nujoma ) on 24 June 1999, This law called APPLICATION OF LAWS TO THE EASTERN CAPRIVI ZIPFEL ACT, 1999 was made to provide for the application of certain laws to the Eastern Caprivi Zipfel, the operation of which was excluded by virtue of the provision of certain pre-independent laws.
When we look further into this law “Section 38(5) of the South-West Africa Constitution Act, 1968 (Act No. 39 of 1968) provided that no Act of the Parliament of the Republic of South Africa and no Ordinance of the Legislative Assembly of the then Territory of South-West Africa passed on or after the first day of November 1951 would apply in that part of the said Territory that was demarcated and known as the Eastern Caprivi Zipfel, unless it was expressly declared so to apply; AND WHEREAS, not withstanding the repeal of that section by Article 147 of the Namibian Constitution, that provision presently still has effect by virtue of section 11(2) of the Interpretation Proclamation, 1920 (Proclamation No. 37 of 1920); AND WHEREAS it is considered necessary to empower Ministers to extend to the said Eastern Caprivi Zipfel the operation of laws which by virtue of the South-West Africa Constitution Act, 1968, presently do not apply in that part of Namibia” quoted in the government Gazette of the Republic of Namibia date 12 July 1999.
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