Editors' forum celebrates spy case victory
The Editors' Forum of Namibia (EFN) has welcomed the High Court's dismissal of an application by the Namibia Central Intelligence Service (NCIS) to bar The Patriot newspaper from publishing a story about alleged dubious land deals by the government, involving retired spy operatives.
In his judgment on Monday, Judge Harald Geier said there was a need to balance what the law says and the constitutional provisions on freedom of speech and freedom of the press.
EFN secretary-general Alna Dall said the judgment was an immense victory for freedom of speech and democracy in Namibia, which set a firm precedent for those who want to censor the media in the name of “national security”.
“It sends a strong warning to other government officials, and anyone else for that matter, that they cannot willy-nilly invoke archaic legislation such as the Protection of Information Act of 1982 to trample on ingrained constitutional rights such as freedom of expression and freedom of the media,” Dall said.
The EFN also commended the Namibian judiciary for upholding the protection of press freedom provided for in article 21 of Namibia's constitution, adding that the forum was confident the court case would act as a benchmark for the rollout of the Access to Information Bill.
This case emanates from an urgent interdict sought by the state security agency in April to stop The Patriot from publishing allegations of the acquisition of two farms to the tune of N$57 million in the Otjozondjupa Region by the government, under the guise that it was classified information.
The NCIS had sought to urgently interdict The Patriot newspaper from publishing any information relating to the purchase of the two farms and another property in Windhoek, which the government had purchased for the intelligence service at a cost of N$8.2 million.
It emerged in the court proceedings that the two farms bought for resettlement purposes were being used by retired members of the NCIS, who are organised in a voluntary association.
The NCIS had argued that the information the newspaper intended to publish was a threat to national security.
It said the information might jeopardise the effectiveness of the service if its operations were exposed, as the information fell within the Protection of Information Act, under the scope of sensitive and classified information as defined in the Namibia Central Intelligence Service Act.
The NCIS argued that the Act prohibits anyone who is not in possession of security clearance from publishing classified and sensitive information.
The Patriot had argued that the information did not expose the operations of the NCIS or identify its agents, but rather corrupt practices, which cannot be defined as classified or sensitive information.
The newspaper said the public was entitled to be informed about corruption in the government or the NCIS.
STAFF REPORTER
In his judgment on Monday, Judge Harald Geier said there was a need to balance what the law says and the constitutional provisions on freedom of speech and freedom of the press.
EFN secretary-general Alna Dall said the judgment was an immense victory for freedom of speech and democracy in Namibia, which set a firm precedent for those who want to censor the media in the name of “national security”.
“It sends a strong warning to other government officials, and anyone else for that matter, that they cannot willy-nilly invoke archaic legislation such as the Protection of Information Act of 1982 to trample on ingrained constitutional rights such as freedom of expression and freedom of the media,” Dall said.
The EFN also commended the Namibian judiciary for upholding the protection of press freedom provided for in article 21 of Namibia's constitution, adding that the forum was confident the court case would act as a benchmark for the rollout of the Access to Information Bill.
This case emanates from an urgent interdict sought by the state security agency in April to stop The Patriot from publishing allegations of the acquisition of two farms to the tune of N$57 million in the Otjozondjupa Region by the government, under the guise that it was classified information.
The NCIS had sought to urgently interdict The Patriot newspaper from publishing any information relating to the purchase of the two farms and another property in Windhoek, which the government had purchased for the intelligence service at a cost of N$8.2 million.
It emerged in the court proceedings that the two farms bought for resettlement purposes were being used by retired members of the NCIS, who are organised in a voluntary association.
The NCIS had argued that the information the newspaper intended to publish was a threat to national security.
It said the information might jeopardise the effectiveness of the service if its operations were exposed, as the information fell within the Protection of Information Act, under the scope of sensitive and classified information as defined in the Namibia Central Intelligence Service Act.
The NCIS argued that the Act prohibits anyone who is not in possession of security clearance from publishing classified and sensitive information.
The Patriot had argued that the information did not expose the operations of the NCIS or identify its agents, but rather corrupt practices, which cannot be defined as classified or sensitive information.
The newspaper said the public was entitled to be informed about corruption in the government or the NCIS.
STAFF REPORTER
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