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 -77- Media Institute of Southern Africa