BRIEFING PAPER: ANTI-TERRORISM LEGISLATION IN NAMIBIA

Much of the problematic nature of the Act stems from a very broad definition of
“terrorist activity”, which is both vague and inappropriate in parts. The various
terrorism-related offences and actions by the State set out in the law spring from
this definition. Hence, the Act could be applied in a manner that goes well beyond
dealing directly with terrorist activity and impinges on the fundamental human rights
set out in Chapter 3 of the Constitution.
Apart from section 51(1), which makes “malicious arrest, search and seizure” an
offence in terms of the Act, there are no attempts to put in place any checks or a
monitoring system for potential abuses of the Act’s extensive powers. The following
recommendations are made as a result of this paper’s analysis:
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The Act should be referred for public consultation with a view to ensuring it
complies with the letter and spirit of the Constitution. A revised version of
the Act should then be re-submitted to Parliament where adequate time
should be accorded for debate.

l Such consultations and any re-drafting process should carefully weigh the
		 proportionality of the law in relation to level of threat in Namibia and from
		 beyond our borders.
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The definition of “terrorist activity” should be tightened so as to remove
all ambiguous and imprecise phraseology in the current version. In addition,
the definition should be rewritten to ensure that it cannot be abused to
target any legitimate activity that would normally take place in a democracy
such as peaceful protests, labour strikes, freedom of expression on social
media, and journalism, in particular investigative journalism.

l The use of words like ‘promotion’ and ‘encouragement’ in relation to terrorist
		 activity should be removed or more specifically defined so as to avoid possible
		abuse.
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The manner in which the two draft bills were hastily passed by Parliament
indicates that access to information principles were ignored on both
occasions. Even MPs did not have prior access to the Bills. Any revised version
of the law should be released for public comment and input at least 60
days before tabling in Parliament. As far as possible secret proceedings should
be excluded from the Bill and access to information rights built in.

l
		
		
		

A revised Act should include a system for monitoring its implementation
with a view to preventing abuse of power. This could be carried out through
the appointment of an independent monitor or possibly giving such a role to
the Ombudsman.

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