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2007 Assessment

Namibia: Integrity Indicators Scorecard

Namibia: Integrity Scorecard Report > Sub-Category: Media
Indicators		Score
5	Are media and free speech protected?	100
6	Are citizens able to form print media entities?	88
7	Are citizens able to form broadcast (radio and TV) media entities?	63
8	Can citizens freely use the Internet?	100
9	Are the media able to report on corruption?	75
10	Are the media credible sources of information?	70
11	Are journalists safe when investigating corruption?	100

Indicator and sub-Indicator Details

Are media and free speech protected?

5a: In law, freedom of the media is guaranteed.

Score:

YES

Comments:

References: Article 21 (1) a of the Constitution of the Republic of Namibia guarantees the right of citizens to freedom of speech and expression, which shall include freedom of the press and other media - [ LINK ]

5b: In law, freedom of speech is guaranteed.

Score:

YES

Comments:

References: Article 21(1) a of the Constitution of the Republic of Namibia, [ LINK ]

Are citizens able to form print media entities?

6a: In practice, the government does not create barriers to form a print media entity.

Score:

100

Comments:

References: Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008

Kangwa-Wilkie S, Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

6b: In law, where a print media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments: The Ministry of Trade and Industry is responsible for registering businesses, including print media entities, hence the legal requirements are generic and not specific to the media. Moreover, such appeal mechanism derives from Article 18 of the Namibian Constitution that states that "administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed upon such bodies and officials by common law and any relevant legislation, and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a competent Court or Tribunal."

References: Companies Act 61 of 1973, Close Corporations Act of 1988 Trust Property Control Act 57 of 1988

6c: In practice, where necessary, citizens can obtain a print media license within a reasonable time period.

Score:

100

Comments:

References: Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008

Kangwa-Wilkie S, Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

6d: In practice, where necessary, citizens can obtain a print media license at a reasonable cost.

Score:

100

Comments:

References: Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008

Kangwa-Wilkie S, Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

Are citizens able to form broadcast (radio and TV) media entities?

7a: In practice, the government does not create barriers to form a broadcast (radio and TV) media entity.

Score:

100

Comments: The law is such that the broadcasting regulator falls directly under the government, hence the perception that its operations are control by the state, which allows for manipulations by the ruling party. Another cited obstruction is that of cost, depending on who is applying it and the type of resources they have access to.

References: Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008

Kangwa-Wilkie S, Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

7b: In law, where a broadcast (radio and TV) media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments:

References: Regulation adopted pursuant to the provisions of the Namibia Communication Commission Act no. 4 of 1992.

7c: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period.

Score:

100

Comments:

References: Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008

Kangwa-Wilkie S, Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

7d: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost.

Score:

100

Comments: Cost varies according to the type of broadcasting license that is being sought: televisions licenses tend to more costly than radio licenses, while commercial licenses are more costly than community broadcasting licenses; the same goes for national broadcasting licenses in comparison with those for specific geographical locations.

References: Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008

Kangwa-Wilkie S, Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

Can citizens freely use the Internet?

8a: In practice, the government does not prevent citizens from accessing content published online.

Score:

100

Comments:

References: Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008

Kangwa-Wilkie S, Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

8b: In practice, the government does not censor citizens creating content online.

Score:

100

Comments:

References: Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008

Kangwa-Wilkie S, Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

Are the media able to report on corruption?

9a: In law, it is legal to report accurate news even if it damages the reputation of a public figure.

Score:

YES

Comments: However, the Namibian Newspaper was sued by the former President Sam Nujoma, who alleged that the newspaper, in several issues, implied that he was corrupt.

References: Article 21, Constitution of the Republic of Namibia, [ LINK ]

The Namibian Newspaper, Lister G., Sept. 26, 2006, Nujoma Sues for N$ 5 million, [ LINK ]

9b: In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories.

Score:

100

Comments: It depends on which media, who controls it, and who is affected by the corrupt practices.

References: Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008

Kangwa-Wilkie S, Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

Ndjarakana M., Director of the Namibia Democracy Support Centre, previously served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

9c: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories.

Score:

100

Comments: This varies for public media under government control, which some of the informants rated at 50 percent, while they rated the private/independent media at 80 percent.

References: Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008

Kangwa-Wilkie S, Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

Ndjarakana M., Director of the Namibia Democracy Support Centre, previously served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

Are the media credible sources of information?

10a: In law, print media companies are required to disclose their ownership.

Score:

YES

Comments:

References: Companies Act 61 of 1973, Close Corporations Act of 1988 Trust Property Control Act 57 of 1988

10b: In law, broadcast (radio and TV) media companies are required to disclose their ownership.

Score:

YES

Comments:

References: Regulations adopted pursuant to the Namibia Communication Commission Act No. 4 of 1992

10c: In practice, journalists and editors adhere to strict, professional practices in their reporting.

Score:

100

Comments:

References: Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek

Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008

Kangwa-Wilkie S, Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

Ndjarakana M., Director of the Namibia Democracy Support Centre, previously served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

Peer Review Comments: One cannot generalize: some do, some don't.

10d: In practice, during the most recent election, political parties or independent candidates received fair media coverage.

Score:

100

Comments:

References: Kaapama P., 2004, Preconditions for Free and Fair Elections: A Namibian Country Study, in Minnie J. (ed), Outside the Ballot Box: Preconditions for Elections in Southern Africa, Windhoek, Media Institute for Southern Africa

Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008

Kangwa-Wilkie S, Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

Ndjarakana M., Director of the Namibia Democracy Support Centre, previously served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

10e: In practice, political parties and candidates have equitable access to state-owned media outlets.

Score:

100

Comments: The following formula was adopted for the allocation of air-time on the public broadcaster, the Namibian Broadcasting Corporation: 40 percent was equally shared among all participating parties, while the remaining 60 percent was given to political parties in proportion to their representation in the National Assembly (Upper Chamber of Parliament). Hence, big parties were favored in comparison to smaller and/or newly established parties.

Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek

Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008

Kangwa-Wilkie S, Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

Ndjarakana M., Director of the Namibia Democracy Support Centre, previously served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

Are journalists safe when investigating corruption?

11a: In practice, in the past year, no journalists investigating corruption have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no journalists imprisoned related to work covering corruption during the study period. A YES score is positive. NO: A NO score is earned if any journalist was jailed because of his/her work covering corruption during the study period. The causal relationship between the official charges and the journalist\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the journalist was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek

Kangwa-Wilkie S. Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek

11b: In practice, in the past year, no journalists investigating corruption have been physically harmed.

Score:

YES

Comments:

References: Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek

Kangwa-Wilkie S. Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek

11c: In practice, in the past year, no journalists investigating corruption have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of journalists being killed because of their work covering corruption-related issues during the study period. A YES score is positive. NO: A NO score is earned if there were any documented cases where a journalist was killed in relation to his or her work covering corruption-related issues in the study period. The relationship between a mysterious death and an individual\'s work may not be clear, however the burden of proof here is low. If it is a reasonable guess that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek

Kangwa-Wilkie S. Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek