Most of these acts originated in the pre-independence era. They may not be evoked, but they remain as a possible threat and thus “create indirect fear”. In 2005 the Ministry of Information and Broadcasting commissioned the Friedrich Ebert Stiftung (FES) to investigate the laws that restrict freedom of expression and the media. To date, the ministry has made no movement to make the results public. There is currently no Criminal Libel Act but only the common law offence of crimen injuria. And there has been a noticeable increase in such civil cases with people claiming substantial damages from newspapers. In a defamation case still to be heard, former president Sam Nujoma is claiming N$5 million (1 N$ = 1 South African Rand) from The Namibian newspaper and journalist Werner Menges, and there are a number of cases against Informanté. SCORES: Individual scores: 1, 2, 3, 3, 2, 3, 3, 2, 2 Average score: 2.3 (2005 = 3.3) 1.4 Entry into and practice of the journalistic profession is legally unrestricted. ANALYSIS: Legally, the ability to work as a journalist is unrestricted. All practising journalists, however, should register with the Ministry of Information and Broadcasting and carry media cards provided by the ministry. Foreign journalists also need ministerial accreditation before they can work in Namibia. A point of concern is that the Ministry of Information and Broadcasting, rather than a journalists’ association, is issuing media cards and providing journalists with accreditation, because this is open to abuse. SCORES: Individual scores: 5, 4, 5, 5, 5, 5, 5, 5, 3 Average score: 4.7 (2005 = 4.9) 1.5 Protection of confidential sources of information is guaranteed by law. ANALYSIS: The law does not protect confidential sources of information. There is legislation in place, such as the Magistrate’s Court Act, that could compel journalists to appear in court as witnesses by way of subpoenas. They could then be forced to give information or reveal their sources of information. Refusing to do so would mean contempt of court. In a test case for the courts, editor of the weekly Windhoek Observer newspaper Hannes Smit was arrested and jailed in 1998 for refusing to give information about the killer of political activist Anton Lubowski. So This Is Democracy? 2007 -196- Media Institute of Southern Africa