Namibia: Journalist attacked as rushed constitutional changes raise red flags

(Image: Aleksandar Mijatovic/Shutterstock)

(Image: Aleksandar Mijatovic/Shutterstock)

Controversy surrounded the Namibian parliament’s recent decision to make 40 amendments to the country’s constitution without consulting civil society or the wider public. The dispute resulted in a journalists being verbally and physically attacked live on air by a government party councillor.

The Namibian Constitution Third Amendment Bill was passed on 27 August, and provides for an enlarged parliament and a vice president, an increase in the number of president’s appointees to legislature from six to eight and making the primer minister an optional role, among other things. But critics believe the bill was rushed through by the ruling party Swapo, to accommodate its old guard who are at risk of being edged out of the national council due to the implementation of 50/50 gender representation. The changes were put in place ahead of the general election, set to take place on 29 November.

After revelations by the media that proposed amendments were going to be pushed through parliament, civil society groups rallied to form a “My Constitution, My Decision” group which called for widespread public consultations on the changes. Supported by the Southern African Development Community Council of Non-Governmental Organisations (SADC-CNGO), the group called for the withdrawal of the bill.

“The bill, which proposes 40 changes to the constitution, has far-reaching consequences for the configuration of the Namibian legislature and the lives of the citizens at large” said Secretary General Boichoko Ditlhake ahead of the passing of the legislation. He added that “to rob citizens and civil society of the space for participation… is to rob them of their determination to defend their constitution”.

Namibian prime minister, Hage Geingob, Swapo’s candidate for the presidency in national elections, dismissed the concerns of media and civil society groups. He accused some individuals of being “failed politicians”, that they risked jeopardising the peace, and claimed that Swapo had the mandate to make the changes without consultations with the people. Geingob also condemned opposition parties claiming they hadn’t been consulted either, saying there had indeed been meetings to ask them what they thought.

Feelings ran high as Geingob, supported by the head of Namibia’s Law Reform Development Commission (LRDC), Sacky Shanghala, defended the controversial amendments. He argued, among other things, that an enlarged parliament of 104, compared to the previous 72, would make for more effective governance.

As the prime minister planned to address a hastily-convened public meeting in Windhoek’s Katutura township on the changes, a Swapo councillor, Ambrosius Kandjii, barged into the studios of the Namibia Broadcasting Corporation (NBC) on August 13. Kandjii verbally and physically attacked a producer, who was live on air, accusing her of being a “liar” and supporting the opposition Rally for Democracy and Progress (RDP). He also insisted the radio station belonged to Swapo and not to the public.

The producer in question is reportedly too afraid to take the matter further and is said to be worried about her safety and that of her children. The Media Institute of Southern Africa (MISA) issued a statement calling for an investigation into the incident by the NBC Director General as well as to ban the councillor from entering the studios again. They also asked Namibian President Hifikepunye Pohamba, to hold Kandjii accountable and condemn the action. There is currently no indication that the authorities have responded to these calls.

The hardline attitude of Geingob, the man widely belived to be Namibia’s president-in-waiting, comes in contrast to his earlier stance of being more accommodating of civil society. In his doctoral thesis, published recently, he said “One thing is sure, if attempts are made by influential persons to undermine the constitution, backed by the ruling party having two-thirds majority in the National Assembly, the constitution can be wrecked,” adding that the survival of the constitution in part depends “on the evolution of society and social groups, and, in turn, civil society”.

This article was posted on 9 Sept 2014 at indexoncensorship.org

Namibia: Journalist wins libel case against Swapo

Freelance journalist John Grobler has won a libel case against Namibia’s ruling Swapo party. On Friday (13 April), the party was ordered to pay Grobler 300,000 Namibian dollars (27,300 GBP) in damages in connection to defamatory statements made about him on the party’s website in September 2009. This is the first time that Swapo itself — rather than an individual party officeholder — has been held legally accountable over libelous statements made on a party platform. It is also the first time that online content has led to someone being held liable for defamation in the country.

Namibia frees “seal journalists”

Two journalists have been released after paying an undisclosed “heavy fine” at a Namibian court after being arrested for filming the annual seal cull, which involves clubbing seal pups to death. Jim Wilckens from the UK and South African cameraman Bart Smithers were allegedly attacked with clubs by seal hunters before being arrested. Read more here

ODEE and Fishrot: Index signs letter in support of artistic freedom

We are writing to bring attention to the case of the visual and performance artist and master’s student, ODEE, who is being sued for damages (including legal fees likely upwards of £500,000) in the High Court in London on the 25 and 26 September 2024. The  lawsuit has been brought against ODEE by Samherji, one of Europe’s largest fishing companies based in Iceland, for the unauthorised use of its website and brand.  

ODEE’s art piece centres around the concept of corporate responsibility through a fictional apology – via a website he created and a mural at the Reykjavík Art Gallery – for the alleged corruption committed by Samherji to secure fishing quotas in Namibia revealed in 2019 by the whistleblower, Jóhannes Stefansson, and which quickly became known as the #Fishrot Scandal.  

Samherji has exercised its rights to challenge ODEE by issuing an interim injunction to require him to take down the website with the spoof apology, and he did so in May 2023.  The court will need to decide whether to vary or discharge the injunction, and whether the artist should be liable for Samerjhi’s legal costs and alleged damages. However, the question remains as to whether such action is proportionate, or an attempt to  silence those who speak out against corruption. 

The alleged corruption is currently the focus of a high-profile trial in Namibia in which 10 suspects have been charged including the former Ministers of Justice and Fisheries – the majority of whom have been held in custody since 2019, and who may face even longer jail terms if convicted. Investigations into Samherji’s activities are continuing in Iceland.

Ensuring that whistleblowers can disclose information about wrongdoing in the public interest is vital for democratic accountability – so that proper investigations can occur, and those responsible are held to account. Protecting whistleblowers safeguards the  public’s right to know, an essential element of the right to freedom of expression. 

Artistic freedom of expression – through film, theatre, literature, painting and conceptual art, among many other media – is also vital to a healthy democracy and to public discourse and the development of ideas. Artistic expression allows individuals, communities and societies to consider and examine moral and ethical choices, as well as how power works and affects us, whether it is political, social or economic.

Freedom of expression links whistleblowers and artists – individuals must be protected from the powerful who wish to stop them speaking up. Jóhannes Stefansson and ODEE deserve our support. In today’s world, where we face existential challenges to protect  our natural resources, environment and climate systems, we can ill afford to let these voices be silenced. 

We, the undersigned, therefore, urge Samherji to drop its disproportionate case against the artist, ODEE. 

SIGNED BY: 

African Centre for Media & Information Literacy (Nigeria) 

Artistic Freedom Initiative (International) 

Blueprint for Free Speech (International)  

Daphne Caruana Galizia Foundation (Malta) 

Disruption Network Lab e.V. (Germany) 

Centre for Free Expression (Canada) 

Civil Liberties Union for Europe 

Citizens Network Watchdog Poland 

Climate Whistleblowers (France) 

GlobaLeaks (Italy) 

Government Accountability Project (USA) 

Index on Censorship (UK) 

Institute for Public Policy Research (Namibia) 

Justice and Environment (EU) 

Oživení (Czech Republic) 

Pištaljka (Serbia) 

Platform to Protect Whistleblowers in Africa (PPLAAF) 

Pro Publico (International) 

Protect (UK) 

Shadow World Investigations (UK) 

Spotlight on Corruption (UK) 

The Whistleblower House (South Africa) 

Transparency International Ireland 

Transparency International Italy 

Whistleblowers-Netzwerk e.V. (Germany) 

Whistleblower Chile 

Whistleblowing International Network 

* Protect is a registered Charity in England and Wales No.1025557 

** WIN is a Scottish Charitable Incorporated Organisation No. SC048595