Namibia
formation Bill using the African Union’s
Model Law on Access to Information as
the basis. However, since that time, the
draft bill languished in the halls of state
and by end 2017 it was unclear whether
or when the bill would make an appearance on the parliamentary agenda.
Good governance and freedom of expression cannot be fully realised without
access to information. This is a fact that
government itself has acknowledged. In
1998 government committed itself to
passing, what was then called, a Freedom of Information Act. But 20 years
later an Access to Information (ATI) BILL
is still not part of the legislative framework of the country.
In his 2017 budget speech, the Minister of Information, Communication and
Technology, Tjekero Tweya, assured the
public that the ATI Bill, along with the
reviewed National Information Policy
“will see the light of the day before the
end of 2017/18 Financial Year.” This did
not happen.
Cabinet referred the draft bill, formulated through the multistakeholder process, back to the MICT, because it was of
the opinion that the bill lacked input by
government security agencies. The MICT
was thus compelled back to the drawing board to hold consultative meetings
with the various agencies in government
that deal with national security such
as the Ministry of Safety and Security,
which included the Namibian Police, as
well as the Central Intelligence Service.
Tweya announced that he would table
the Electronic Transactions and Cybercrime (ETC) Bill in Parliament in February, but it was withdrawn shortly thereafter. The second draft was not a hugely
improved version of the first, according
to the Institute for Public Policy Research (IPPR), as it still contained provi-

sions that would allow for the violation
of privacy and contained language that
could easily be used to repress freedom
of expression on the internet.
The ICT ministry was at the time incorporating the input by the public and
stakeholders. It was unclear when in
2018 the bill would be tabled.
The Data Protection Bill was also placed
on the backburner until the ETC Bill was
finalised. One of the recommendations
being considered by the Ministry is for
data protection to be a policy that supports the ETC Bill.
The Broadband Policy suffered the same
fate as that of the ETC Bill. The lack of
public and stakeholder consultation resulted in a draft policy that, as described
by the ACTION Coalition and IPPR,
“comes across more as a statement of
intent rather than an actual policy statement”.
The main critique was that the implementation provisions lacked adequate
timeframes, priorities and that specific
actions were poorly articulated. They
also criticised the lack of consultation
that preceded the drafting of the policy.
The MICT withdrew the policy and conducted two public consultative meetings, and invited written input. As with
the ETC Bill, it was expected to be formalised in 2018.
After intense lobbying by civil society,
government removed the problematic
Section 52 from the Whistleblower
Protection Bill. The clause stated that
a whistleblower’s protection could be
withdrawn if they were critical of government policy when making a disclosure. The Witness Protection Act and the
Whistleblower Protection Act were then
subsequently passed by Parliament.

So This is Democracy? 2017

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