(MISA/IFEX) – The President of Namibia, Sam Nujoma, and the country’s Home Affairs Minister, Jerry Ekandjo, have served separate summonses on the weekly newspaper, the “Windhoek Observer”, for defamation claims totalling N$ 1,215,000 (roughly US$ 200,000). In the first case, on 7 August 1998, Nujoma served a summons on “Windhoek Observer” editor Hannes Smith, demanding […]
(MISA/IFEX) – The President of Namibia, Sam Nujoma, and the country’s Home
Affairs Minister, Jerry Ekandjo, have served separate summonses on the
weekly newspaper, the “Windhoek Observer”, for defamation claims totalling
N$ 1,215,000 (roughly US$ 200,000).
In the first case, on 7 August 1998, Nujoma served a summons on “Windhoek
Observer” editor Hannes Smith, demanding N$1,015,000 for defamation stemming
from several articles and editorials which appeared in the newspaper over
several weeks. In the summons and particulars of claim, Nujoma argues that,
as a result of various articles and editorials which appeared in the 20 June
and 18 July editions of the “Observer”, he had been injured in his good name
and reputation and in his feelings and dignity in general. Among the claims
which Nujoma cited could be inferred from the articles and editorials was
that he abused his position of president of the country, that he was party
to criminal conduct and perpetrated illegal acts, that he engaged in corrupt
or nepotistic practices and that he acted contrary to the Constitution.
Nujoma further claimed that an editorial which appeared in the 18 July
edition of the newspaper was false and defamatory in that it implied that
Nujoma was, among others, a homosexual, that he engaged in homosexual
activities and that he approved of and condoned homosexual practices.
The summons from Nujoma cited Smith as first defendant, “Observer” publisher
Ester Smith as second defendant and printing company John Meinert as third
defendant.
In the second case, Minister Ekandjo served a summons on the “Observer”,
also on 7 August, demanding N$200,000 in damages resulting from an article
entitled, “Attorney General Resigns his Post”. The summons listed the same
three defendants as those named in the Nujoma summons. In Ekandjo’s
particulars of claim, he says that the article in question was both wrongful
and defamatory in that it implied, among others, that he (Ekandjo) abused
his position as Minister of Home Affairs to subvert the rule of law and
administration of justice, that he was engaged in corrupt practices and was
guilty of dishonourable conduct, and that he was a co-leader of a criminal
organisation. He argued that, as a result of these claims, he had been
injured in his good name and reputation and in his feelings and dignity.
No court dates have been set in either case. Smith told MISA that he would
defend both cases “to the bitter end”.
Background Information
On 13 February this year, Smith was jailed for a week in Windhoek, Namibia,
for failing to produce confidential documents to a coroner conducting an
inquest into the assassination of political activist Anton Luboswski. Smith
had earlier been subpoenaed to surrender the documents to the court. In his
arguments before the court, Smith initially said that he could not produce
the documents on grounds that it would breach confidentiality and compromise
his sources. However, he later changed this argument saying the documents in
question had been lost (see IFEX alert of 13 February 1998).
