MISA Namibia commended the Namibian Editors’ Forum (NEF) for putting in place mechanisms for the self-governing and self-regulation of the media. This was done in order to promote
ethical reporting, and bring integrity and transparency to the media industry.
An illustration of how a media self-regulatory grievance procedure would work was presented
by the Director of the Legal Assistance Centre, Norman Tjombe, at the NEF’s first Annual
General Meeting, held in Windhoek on November 24. This decision was accepted by all NEF
members present at the meeting.
• ALERT
Date: November 25, 2008
Person/institutions: Media/citizens
Violation/issue: Legislation

MISA Namibia noted with grave concern the provision for the interception of electronic
communications in the draft Communication Bill. In a statement MISA Namibia said that the
provision will infringe on the rights and civil liberties of Namibian citizens. MISA Namibia
commented that the bill in its present state constitutes a gross infringement on the fundamental
and constitutional rights of Namibians to freedom of expression and right to information. It went
further to say the bill violates the constitutional right to privacy as guaranteed in Article 13 of
the Namibian Constitution that “no person shall be subject to interference with the privacy of
their homes, correspondence or communications”. The media body added that the bill is too
wide, vague and open to abuse, while sweeping powers are given to individual staff members
at the agency to monitor and intercept communication. MISA Namibia recommended that there
be a system of checks and balances and judicial review of any warrant for interception. Private
communication between citizens should not be intercepted with impunity, added MISA Namibia.
• ALERT
Date: December 5, 2008
Person: Bonita Nuttal
Violation/issue: Detained/ charged

In an article written in The Namibian newspaper of December 2, 2008 it was reported that a
presenter for Carte Blanche, a programme of South African subscription television channel
M-Net, Bonita Nuttal, was arrested at Hosea Kutako International Airport and detained for a
day, before appearing in the Windhoek Magistrate’s Court in Katutura. She was charged for
having contravened a section of the Immigration Control Act by allegedly providing false
information to immigration officers about her true intentions for visiting Namibia. She was
released after posting a security of N$2,000 to the immigration officials. She appeared again
at the Windhoek Magistrate’s Court in Katutura where the matter was postponed to February
4, 2009. She was granted bail of N$8,000, after which she left Namibia.
• ALERT
Date: December 9, 2008
Person/institutions: The Namibian newspaper
Violation/issue: Other

In a news article published in The Namibian newspaper on December 9, 2009 the chairperson
of Namibia’s legislative body, the National Council, Margaret Mensah-Williams, was reported
to have called on the Ombudsman’s Office to investigate the readers’ SMS page as to whether
it was being used to demonise Namibian leaders. The Namibian newspaper publishes mobile
phone (SMS) messages from readers on various topics in Namibia. In response, MISA Namibia
stated that this call was not healthy for a growing democracy such as Namibia, adding that it
should be understood by all Namibians that media freedom is enshrined in the Constitution
under Article 21 1 (a). Further, freedom of expression is an inalienable right of every Namibian.
These two provisions emphasise the role of the media in our society to serve as the fourth estate
So This Is Democracy? 2008

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Media Institute of Southern Africa

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