IFEX- News from the international freedom of expression community
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ALERT UPDATE - NAMIBIA

2 November 2001

Minister reacts to media concerns over new Defence Bill

SOURCE: Media Institute of Southern Africa (MISA), Windhoek

**Updates IFEX alert of 27 September 2001**

(MISA/IFEX) - On Wednesday 31 October 2001, Defence Minister Erkki Nghimtina
reacted to concerns over the violation of freedom of speech and expression
contained in the new Defence Bill, "The Namibian" reported on 2 November.
In September, media rights organisations and editors called on the Namibian
government to review restrictive media provisions proposed in a new Defence
Bill to make them compatible with the country's Constitution.

During the debate on the second reading of the bill in the National
Assembly, Nghimtina said: "We should not engage ourselves in a shallow and
narrow interpretation of the Constitution."

According to the minister, those who had been referring to Article 21(1)(a)
did not extend their interpretation to Article 21(2). The first sub-article
states that all persons shall have the right to freedom of speech and
expression, which includes freedom of the press and other media.

The second sub-article states that these freedoms shall be subject to
Namibian law, to the extent that the law imposes reasonable restrictions on
the exercise of rights and freedoms. It says that this is necessary in a
democratic society and is required in the interest of Namibia's sovereignty
and integrity, national security, public order, decency or morality, or in
relation to contempt of court, defamation or incitement to an offence.

Apart from the bill being in direct conflict with the right to freedom of
expression, MISA expressed particular concern over sections 54 and 55 of the
Defence Bill, which penalises the disclosure of "unauthorised information"
and prohibits the taking of photographs or the making of sketches, plans,
models or notes of military premises or installations.

BACKGROUND:
In a statement issued on 26 October, MISA said that legislation enacted by
the Namibian government to protect the territory and security of its
citizens should impose the least restrictive measures possible and should be
compatible with the Namibian Constitution.

MISA stated that everyone has the right to information from public
authorities, including information relating to national security. It
reaffirmed its belief that the right to obtain information that is in the
public's interest should be a primary consideration in all relevant laws and
decisions.

Accordingly, MISA felt that there should be very narrowly defined
circumstances under which expressing oneself freely can be considered a
threat to national security and therefore liable for punishment, such as
instances where the government can demonstrate inter alia that:
a) the statement is intended to incite imminent violence;
b) it is likely to incite such violence; and
c) there is a direct and immediate connection between the expression and the
likelihood or occurrence of such violence.

For further information, contact Zoe Titus or Kaitira Kandjii, Regional
Information Coordinator, MISA, Street Address: 21 Johann Albrecht Street,
Mailing Address; Private Bag 13386 Windhoek, Namibia, tel: +264 61 232975,
fax: +264 61 248016, e-mail: [email protected] or [email protected],
Internet: http://www.misa.org/

The information contained in this alert update is the sole responsibility of
MISA. In citing this material for broadcast or publication, please credit
MISA.
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