NBC drops lawsuit against media ombudsman

The Namibia Broadcasting Corporation (NBC) has withdrawn its High Court case against media ombudsman John Nakuta.The broadcaster had dragged Nakuta to court, alleging that he had been involved in deciding the merits of a complaint made by activists Rinaani Musutua and Rob Parker of the Economic Social Justice Trust, despite his involvement in the trust.Through their lawyers, Shikale and Associates, NBC informed the High Court that it had decided to withdraw its legal action against Nakuta."Take notice that the applicant herewith withdraws its action against the respondents. Kindly take further notice that the applicant herewith tenders the Media Ombudsman, Editors Forum of Namibia, the Media Complaints Committee, the Media Appeals Committee, Rinaani, and Parkers’ taxed costs."Norman Tjombe, who represented the defendants, said the legal fees should amount to roughly N$50 000 – but a bill of costs still has to be completed, which will then be assessed by the Registrar of the Court to see if it’s reasonable.Merits of caseIn court papers, NBC argued that Nakuta was "heavily conflicted" and had only excused himself from the adjudication process after he had already involved himself by accepting the activists&#039; complaint on the basis that it merited to be heard.Rinaani and Parker accused NBC of breaching the media code of ethics when it aired a ‘Talk of the Nation’ programme to discuss the activities of Canadian oil company ReconAfrica in the Kavango regions.In an answering affidavit submitted to court, Nakuta denied having made a finding on the validity of the duo&#039;s complaint.He stated that he had instead referred the matter to the Media Complaints Committee, specifically to prevent any potential conflict of interest or bias."I did not participate in the deliberations of the Media Complaints Committee or otherwise. Further, I did not and do not constitute the Media Complaints Committee. The Media Complaints Committee is a standing committee of the Editor’s Forum of Namibia (EFN) and was appointed by the EFN at its annual general meeting. I could not have made the finding on the merits or otherwise of the complaint. I recused myself from the process," Nakuta stated.No involvementHe said he had referred the matter to the Media Complaints Committee and said NBC’s accusations that he had made a finding that the complaint had merit were illogical.Meanwhile, Jamunondeuzu Tjivikua, the chairperson of the Media Complaints Committee, echoed Nakuta&#039;s statement that the Media Ombudsman did not constitute the committee and has duly recused himself."Nakuta was not involved in any of the deliberations of the committee, other than explaining his conflicted position prior to the hearing of 19 May 2022, and when I invited him to explain the issue regarding the poster inviting the public. It is therefore impossible for Nakuta to have made a decision regarding the merits or otherwise of the complaint," he said.jemima@namibiansun.com

NBC drops lawsuit against media ombudsman

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Namibian Sun 2025-03-20

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NBC drops lawsuit against media ombudsman

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Namibian Sun 2025-03-20

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