Intelligence agency loses bid for secrecy in N$1.8m lawsuit

The High Court has dismissed an application by the Namibia Central Intelligence Service (NCIS) to hear a N$1.8 million defamation case brought by former education executive director Fiina Ngwedha Elago behind closed doors, ruling that the agency failed to justify blanket secrecy.

The case revolves around a disputed security vetting process after Elago applied for the post of deputy director of protocol and consular affairs in the Ministry of International Relations and Cooperation in late 2023.

The controversy centres on a letter authored by an NCIS official stating that Elago had a “pending case with the previous employer” – a claim she argues in court documents was false and defamatory.

Elago maintains that she had already emerged as the successful candidate for the diplomatic post before the vetting process was undertaken and that the false statement ultimately cost her the job.

She is suing the NCIS director general for N$1.8 million, including alleged lost income, reputational damage and emotional distress.

In his application to the High Court, NCIS director general Bamba Nghipandua argued that public proceedings could expose confidential state security vetting methods and sensitive personal information and potentially endanger individuals involved in clearance investigations.

Public transparency

However, deputy judge president Petrus Unengu Ueitele ruled on 19 May that the intelligence chief’s arguments were speculative and did not demonstrate sufficient grounds to override the constitutional principle of open justice.

“The director general has not made out a case for blanket secrecy,” the judge ruled.

Ueitele said courts must strike a balance between protecting legitimate national security concerns and preventing state institutions from invoking secrecy to avoid accountability.

He further noted that any genuinely sensitive information could instead be protected through narrower mechanisms such as redactions, anonymised evidence or limited in-camera proceedings, rather than shutting the public and media out entirely.

The judge also warned that hearing the matter entirely in secret could unfairly prejudice Elago by creating suspicion around the allegations against her.

Elago had opposed the secrecy application, arguing that Namibia’s Constitution guarantees public hearings and that the conduct of intelligence agencies should remain subject to judicial scrutiny and public accountability.

The court dismissed the NCIS application with costs, meaning the intelligence agency will pay Elago’s legal expenses related to the failed bid for secrecy.

The main defamation matter is expected to proceed through pleadings and discovery ahead of further case management proceedings in June.