Court restrictions test Namibia’s press freedom

The media fraternity has slammed regulations slapped on journalists covering the Fishrot trial, saying this has the potential to harm the country’s press freedom credentials.

Yesterday, the rug was pulled out from under journalists who attended the Fishrot proceedings in the Windhoek High Court when the Office of the Judiciary 'reminded' journalists of regulations that prevent them from taking any footage or audio clips of the court or court proceedings without permission. The national state media, the Namibia Broadcasting Corporation (NBC) and the Namibia Press Agency (Nampa), were the exception as they had apparently applied in this regard.

Several journalists have so far been under the impression that footage can be taken before a presiding judge enters the courtroom, but spokesperson Vikitoria Hango said the regulations for journalists that were shared yesterday have been in place for years.

"It's probably partly our fault because we didn't always apply it," she added.

She maintained that the apparent status and interest surrounding the Fishrot trial had no bearing on this decision.

"These regulations have been around for a long time. It's not from six months or a year ago, it's been years now.”

According to Hango, these regulations - and especially the criminal consequences of disregarding them - derive from the criminal procedure law.

She explained that the regulations protect the rights of an accused person precisely because they are considered innocent until they are found guilty by a competent court.

Gains reversed

The Namibia Editors Forum (EFN) said Namibia’s ranking as having the freest press in Africa was due to the freedom with which journalists were allowed to execute their duties.

“The restrictions imposed on journalists in the Fishrot matter reverse, by a long stretch, the gains for which Namibia has been globally hailed as a beacon of press freedom,” EFN said yesterday, adding that it would seek to find common ground with the judiciary on the matter.

Namibia Media Trust director Zoé Titus added: “These rules will substantially impede the ability of journalists to provide comprehensive coverage of cases such as Fishrot, which is without a doubt a case of great public interest, and for reasons well-known to us all”.

Meanwhile, journalist Wonder Guchu fears the restrictions may be used to discriminate against certain journalists.

“If you have to apply [to capture images in court], someone will have to decide who to grant permission to, and who not to.”

Media union chips in

In response to the regulations now being enforced, the Namibia Media Professionals Union (Nampu) said a free press is essential for a healthy democratic country.

"A free and vibrant media is indispensable for the proper functioning of a democratic society. Journalists serve as the eyes and ears of the public and ensure that citizens are properly informed about matters of public interest, including court proceedings," it said in said a statement.

The trade union added that the limitation on journalists' power to report on court proceedings in all aspects may place the transparency of proceedings in a dubious light.

"The recent incidents at the Windhoek High Court raise concerns about the principles of a free press and transparent justice, which are essential pillars of our democratic system. In the context of the so-called Fishrot case, we emphasise the critical role of the media to ensure accountability and transparency.”

Nampu called on the judiciary to review the regulations urgently and said cooperation between the judiciary and the media is essential to promote transparency.

Judge’s orders

A memorandum that was shared with journalists yesterday morning also included an addendum with regulations specifically in relation to the Fishrot proceedings, as requested by presiding judge, Moses Chinhengo.

Hango explained that a presiding judge - in consultation with the judge president - may set out specific regulations for a specific hearing.

Chinhengo outlined various regulations with the current Judge President Petrus Damaseb.

Among other things, no recording may - in still image, on video or in sound - be taken of any accused in the dock directly or indirectly from the front. Recordings of any legal representatives, whether public prosecutors or the accused's representatives, directly or indirectly from the front are also not allowed. No recordings of members of the public are permitted.

No recording of the cells, the entrance to the cells, the entrance for vehicles to the cells, the court's offices, courtrooms, the High Court building or any related part of the building is permitted.

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