•
•

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

Select target paragraph3