Ex-Plan soldiers say Ndeitunga gave exhumation green-light

POLICE inspector general Sebastian Ndeitunga did not have the power to grant permission to a group of ex-combatants to exhume the remains of nine People’s Liberation Army of Namibia (Plan) fighters at Enghadja laShikongeni village in the Ohangwena region on Saturday.

On Monday, Ndeitunga told The Namibian that the group needed permission from the magistrate’s court to exhume the bodies.

However, Banda Shilimela, one of the ex-combatants who executed the exhumation, asserts that Ndeitunga granted permission to exhume the bodies in a letter that was written in September last year.

Office of the Judiciary spokesperson Selma Mwaetako said the police do not have jurisdiction to grant orders for exhumation, which is done with the aim of reburying the bodies.

“The exhumation ordinance only authorises magistrates to grant exhumation orders in the event that the body is needed for forensic examination or extraction of DNA samples for criminal cases,” she said.

If exhumation is done for the purpose of reburial, permission is obtained from the local authority council or village council in whose area of jurisdiction the grave sites are, she said.

No application from the group was brought before any magistrate, Mwaetako added.

The ex-Plan fighters whose remains were exhumed died in a battle against the apartheid forces at Eenghadja laShikongeni village on 2 April 1989. The battle took place after a ceasefire was already signed between the two warring forces under the United Nations Resolution 435, which paved the way for the independence of Namibia on 21 March 1990.

However, 33 years later those who died on that day and others, were still lying in unmarked graves.

A group of former ex-combatants, including Shilimela and retired police commissioner Ben Shikongo, took it upon themselves to exhumed the remains and re-bury them in one grave. The group plan to erect a tombstone on the new grave, to be unveiled on Heroes ‘ Day on 26 August this year.

Despite being responsible for granting the letter of consent, Ndeitunga said he was verifying whether legal procedures were followed.

“We want to verify the correspondences between those involved from the police. What exactly transpired? Was there an oversight, were the correct procedures followed? If not, where was the oversight and how can it be corrected?”

Ndeitunga said despite the exhumations being done to give the slain combatants a decent burial, procedures still needed to be followed.

“I understand the frustration, but as a society we always have to follow the established procedures by law,” he said.

Contacted for comment, Shikongo said he is not the one who organised the event.

“I was just invited, but my understanding is that a forensic letter from the office of the inspector general is there. I am just wondering why he has to distance himself from that. Ask Banda Shilimela, but I know they were duly authorised,” Shikongo said.

Shilimela maintains that the exhumation was done with permission from Ndeitunga’s office.

“I can give you the letter if they are denying that they granted us permission,” he said.

Ndeitunga said the group wrote several letters to authorities seeking to be assisted with the exhumation and reburial, but they failed to get a satisfactory response.

“They also wrote to the police and received advice on what can be done. I am looking at those correspondences informing them of the procedures to be followed to see whether the advice from the police was within the law or if it was ultra vires,” said Ndeitunga.

If it transpires that the law was not followed, Ndeitunga said he will assume responsibility to ensure such things are not repeated in future.

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