**Updates IFEX alert dated 23 April 1996** Namibian Prime Minister Hage Geingob says that he will scrap clauses in a new bill that conflict with constitutional guarantees of press freedom if the bill is referred back to the National Assembly. The bill is currently being debated by the National Council, and if the National Council […]
**Updates IFEX alert dated 23 April 1996**
Namibian Prime Minister Hage Geingob says that he will scrap
clauses in a new bill that conflict with constitutional
guarantees of press freedom if the bill is referred back to the
National Assembly. The bill is currently being debated by the
National Council, and if the National Council makes amendments to
the bill, it will be referred back to the National Assembly for
further debate.
“I wish to emphasise that we will not allow the freedom of the
media to be compromised in any way,” Geingob said in a press
release issued on 26 April 1996. “If the National Council
recommends any amendments to the bill and refers it back to the
National Assembly, I will use that opportunity…, as the
presenter of the bill, to have the clauses removed so that
Namibia’s untarnished imaged remains untarnished,” Geingob said.
As its stands, Section 24 (1d) of the Privileges and Immunities
of Parliament Bill states that “Any person who intentionally or
negligently publishes any false information on Parliament or its
proceedings…shall be guilty of an offense.” Section 24 (1g), an
amendment passed by the National Assembly, says that “Anyone who
intentionally or negligently publishes or discloses any
information that has been placed before a (parliamentary)
committee prior to such information being tabled before the House
shall be guilty of an offense.” Anyone convicted of either of
these offenses would face a maximum fine of N$20,000 (U$ 5,000)
and/or five years’ imprisonment.
“At the very outset I would like to point out that it was never
the government’s intention to curtail the freedom of the press
and other media,” Geingob said in his statement. “After all, we
had waged the struggle for the independence of the country to
ensure that all citizens enjoy all the fundamental freedoms, of
which freedom of the media is one. In this context I must say
that the media’s interpretation of the two clauses raises our
concern that Namibia’s good name may be jeopardised by the
retention of these clauses, however innocent they may be.”
At a press briefing on 24 April, Information and Broadcasting
Minister Ben Amathila reportedly said he had no problem with the
controversial clauses in the draft bill. According to the 25
April edition of “The Namibian” newspaper, Amathila said he saw
nothing wrong with prosecuting someone who intentionally
misinformed the public.
At present, the government is not under any obligation to publish
legislation prior to it being tabled in Parliament. Instead, it
is left to the discretion of individual ministers whether or not
they make draft legislation public before it is tabled in
Parliament. Apparently, few ministers publish drafts before they
are tabled.
Meanwhile, the Journalists’ Association of Namibia (JAN), which
has in place a code of conduct which guides members’ reporting of
events, including Parliament, has stated that it does not see the
need for legislation to further govern the work of journalists.
Recommended Action
Write to members of the National Council:
and Immunities Bill will effectively outlaw public debate on
legislation prior to it being tabled in Parliament, which, as the
current situation with the Privileges and Immunities Bill
demonstrates, leaves little time for the public to air its views
on proposed legislation
“false information,” Clause 21 (1d) will make journalists afraid
to report on controversial issues in Parliament, and will thus
limit the flow of information from Parliament to the public
Write to Prime Minister Hage Geingob:
freedom and free expression, and his decision to remove the
offending clauses from the Privileges and Immunities of
Parliament Bill
and National Council the need to make all legislation conform
with internationally accepted standards on press freedom and
freedom of expression
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.
