• • The 2002 SADC Declaration on Information and Communications Technology (hereinafter referred to as the ‘ICT Declaration’) The 2002 Declaration of Principles of Freedom of Expression in Africa of the African Commission on Human and Peoples’ Rights (hereinafter referred to as the ‘AC Declaration’). The audit also made a comparison between Namibian legislation and the laws of other SADC member States with regards the promotion of free expression and access to information, particularly concerning the regulation and role of the media and communications sectors. Methodology Literature review: A review was made of literature and other documentation to identify all the laws and bills that relate to free expression, access to information, media and communications in Namibia. This review included searches of NamLex and Juta Stats. Analysis: Generic themes emerging from the SADC Declaration and the AC and ICT Declarations were first identified. The Protocol and Declarations were then broken down according to these themes, with the relevant sections of each document arranged side by side in a table according to these themes. This created a tool with which to assess each piece of legislation identified in the literature review (see ‘Table of Themes and Corresponding Sections of SADC Protocol, AC Declaration and ICT Declaration’ in Appendix 2 of this report). Each law identified in the literature review was then read section by section in conjunction with this table, and a comparison made between the provisions of the relevant sections of each law and the relevant Articles of the Protocol and Declarations. This was in order to assess the extent to which the relevant sections of the laws conformed to the provisions of the Protocol and Declarations. Comparative case studies: From this analysis the study team was able to identify key issues within the existing legislation that would need to be addressed if Namibia’s communications laws are to conform to the SADC Protocol and the AC and ICT Declarations. With these issues in mind, recent policies and laws from other SADC countries, which appear to embody the provisions of the Protocol and Declarations, were identified and analysed. This was with a view to these serving as best practice case studies. Shortcomings of the study To date, few Namibian lawyers have specialised in media and communications law. Namibian lawyers, as well as those outside the country, with the relevant expertise are senior legal practitioners who, as a result of busy schedules and high fees, could only be involved in the study on a consultative basis. An experienced media worker and a Legal Counsel to the Namibian Parliament conducted the bulk of the study’s research and analysis, on which the study team’s legal experts then commented. The lack of specific expertise in the area of media legislation during the initial research and analysis means that certain provisions may have been overlooked. The research team’s task was complicated by the fact that Namibian legislation is not digitised, making the search for relevant laws arduous and time consuming. The NamLex index was doubtless compiled without the nuances of communications law in mind, and therefore it was difficult for the research team to delve into the nooks and crannies of the statute books to find pieces of legislation with no apparent relevance to communications, but which nonetheless have an impact on free expression and access to information. The dearth of case law on these fundamental rights issues and the paucity of relevant literature, resulting from the apparent lack of interest in the contestation and analysis of Namibian media legislation shown so far by researchers, media and legal practitioners and activists alike, further hindered the audit. Namibia Media Law Audit – report final draft 6