Draft legislation currently being debated by Namibian law makers could outlaw the deliberate or unintentional publication of “false information” on Parliament and its proceedings. The Privileges and Immunities of Parliament Bill, which has been passed by the National Assembly and is now being debated by the National Council, would also make it an offence for […]
Draft legislation currently being debated by Namibian law makers
could outlaw the deliberate or unintentional publication of
“false information” on Parliament and its proceedings. The
Privileges and Immunities of Parliament Bill, which has been
passed by the National Assembly and is now being debated by the
National Council, would also make it an offence for anyone to
“intentionally or negligently” publish or disclose “any
information that has been placed before a committee, prior to
such information being tabled before the House.” As the
legislation stands, a conviction would carry a maximum fine of
N$20 000 (US$ 5000) and/or five years’ imprisonment.
According to human rights lawyer David Smuts, the draft bill is
incompatible with the Namibian Constitution, which guarantees
freedom of the press. Smuts further stated that the “penal
provisions (of the draft bill) cannot be justified as necessary
in a democratic society.” He adds that the bill could have “a
chilling effect” on those reporting on government and
parliamentary matters. “Even though it is possible for the Bill
to provide for punitive steps against parliamentarians who breach
confidentiality rulings, the penal provisions run contrary to the
notion of freedom of the press,” said Smuts.
Meanwhile, Michael Hishikushitja, a member of the National
Council for the ruling South West Africa People’s Organisation
(SWAPO) party, has urged that Parliament be empowered to “ban”
journalists “who report on classified and leaked information”
from parliamentary select committees. According to the 19 April
edition of “The Advertiser” newspaper, Hishikushitja–speaking
during the previous day’s debate on the Privileges and Immunities
of Parliament Bill–added that such a ban should apply to anyone,
including parliamentarians, who disclosed information from
“confidential” parliamentary documents. He added that “Parliament
should have the right to punish or to fine all those who are
found guilty of contempt of Parliament.”
Approaching Namibian editors for comment on Hishikushitja’s
statement, “The Advertiser” quoted the editor of “The Namibian”,
Jean Sutherland, as saying: “‘Virtually all information, except
in few instances like State Security, should be in the public
domain.” Sutherland said that she does not see what can
be threatening about information contained in select committee
reports “even if they are confidential….Parliament is there to
serve the people…We should avoid moving towards a culture of
unaccountability in Namibia,” Sutherland said. Further, editor of
“The Advertiser”, Carol Kotze, reportedly said: “‘I would find it
hard to understand what contempt of parliament could actually be.
These people (parliamentarians) were elected by the people and I
take it newspapers are entitled to report to the people what they
say (in Parliament) and comment on it.”
Recommended Action
Send appeals to authorities:
ensure that the Privileges and Immunities of Parliament Bill
conforms with Article 21 of the Namibian Constitution which
guarantees free speech and press freedom, as well as
international treaties and standards on press freedom and free
expression
of “false information” about Parliament could be used against
editorial comment on controversial issues, since it would not be
clear who would decide or define what is false information
and Immunities of Parliament Bill be scrapped before it becomes
law: Clause 24(1)(d), which states that any person who
“intentionally or negligently publishes any false information on
Parliament or its proceedings….shall be guilty of an offense”;
and Clause 24(1)(g) (an amendment made by the National Assembly)
which states that any person who “intentionally or negligently
publishes or discloses any information that has been placed
before a committee, prior to such information being tabled before
the House…shall be guilty of an offense”
Appeals To
His Excellency Hage Geingob
Prime Minister
Office of the Prime Minister
Private Bag 13338
Windhoek, Namibia
Tel: +264 61 2879111
Fax: +264 61 226189
Rt. Hon. Dr. Mose Tjitendero
Speaker of the National Assembly
Private Bag 13323
Windhoek, Namibia
Tel: +264 61 2882505
Fax: +264 61 226899
Hon. Kandi Nehova
Chairperson of the National Council
Private Bag 13371
Windhoek, Namibia
Tel: +264 61 237561/2/3
Fax: +264 61 226121
Please copy appeals to the originator if possible.
