Confusion about new symbols law
Experts reiterate the importance of involving the public when drafting a new law.
The justice ministry has clarified that the new law regulating the public use and display of the Namibian flag and other national symbols does not ban anyone from using or displaying the flag at public events or on a T-shirt.
“The section does not prohibit the use of the national flag or national coat of arms in their entirety at events or on display,” ministry spokesperson Simon Idipo said. He said the law was aimed at ensuring that when any national symbol is incorporated into private-sector logos or trademarks, there is a “clear distinction between government and state use of the symbols and private use of the symbols or portions thereof. The public must be able to distinguish between a government entity and a private entity.”
For example, if a person or an entity wishes to use a national symbol or part of it in a business logo or signature as a trademark in a “manner which may cause confusion to the public between a private entity or government, they have to apply for approval.” Nevertheless, top legal minds agree that section six of the National Symbols of the Republic of Namibia Act is confusing because of the way it is written.
The confusion was compounded by a justice ministry official who gave incorrect answers to questions posted on the ministry's Facebook page last week. The official said people would need prior written permission if they wished to display the Namibian flag in their homes, on their cars or on clothing. According to Idipo and several lawyers questioned by Namibian Sun, this is untrue.
Be clear
“It is indeed very confusing. I understand the underlying concern and what the ministry attempts to achieve, but a better drafting of it will be necessary,” lawyer Norman Tjombe said. “The law itself is confusing. Who will determine that the display of my Namibian flag when the Brave Warriors are playing is related to a trade, business or profession? Whose profession or trade?”
Dianne Hubbard of the Legal Assistance Centre (LAC) agreed that the “meaning of the provision is not entirely clear” but pointed out that the Act was not intended to bar the public from displaying flags at national events, at home or elsewhere.
In her view the law is intended to ensure that “no one can use a national symbol in a way that makes others erroneously believe that the businesses, marks, or goods produced or sold are connected with the government.”
She added that when an individual flies a flag at home or at a sport event, or wears clothing on which the flag or a national symbol is depicted, “this has no connection with a business, and the symbol is not being produced or sold by that person.”
Hubbard added that in her personal view, allowing citizens to display the flag “when there is no intent to deceive and no meaningful confusion being created, promotes patriotism and nationhood.”
Ombudsman John Walters last week said the widespread confusion created by the unclear wording of the Act emphasised the importance of involving the public before introducing new legislation.
“That is why it is so important to hold proper public consultations before legislation is passed. Now there is confusion. This should be a lesson for all of us.” He added that national symbols are as important as the constitution and “belong to the people of Namibia”. Therefore, displaying them should not be restricted unnecessarily.
JANA-MARI SMITH
“The section does not prohibit the use of the national flag or national coat of arms in their entirety at events or on display,” ministry spokesperson Simon Idipo said. He said the law was aimed at ensuring that when any national symbol is incorporated into private-sector logos or trademarks, there is a “clear distinction between government and state use of the symbols and private use of the symbols or portions thereof. The public must be able to distinguish between a government entity and a private entity.”
For example, if a person or an entity wishes to use a national symbol or part of it in a business logo or signature as a trademark in a “manner which may cause confusion to the public between a private entity or government, they have to apply for approval.” Nevertheless, top legal minds agree that section six of the National Symbols of the Republic of Namibia Act is confusing because of the way it is written.
The confusion was compounded by a justice ministry official who gave incorrect answers to questions posted on the ministry's Facebook page last week. The official said people would need prior written permission if they wished to display the Namibian flag in their homes, on their cars or on clothing. According to Idipo and several lawyers questioned by Namibian Sun, this is untrue.
Be clear
“It is indeed very confusing. I understand the underlying concern and what the ministry attempts to achieve, but a better drafting of it will be necessary,” lawyer Norman Tjombe said. “The law itself is confusing. Who will determine that the display of my Namibian flag when the Brave Warriors are playing is related to a trade, business or profession? Whose profession or trade?”
Dianne Hubbard of the Legal Assistance Centre (LAC) agreed that the “meaning of the provision is not entirely clear” but pointed out that the Act was not intended to bar the public from displaying flags at national events, at home or elsewhere.
In her view the law is intended to ensure that “no one can use a national symbol in a way that makes others erroneously believe that the businesses, marks, or goods produced or sold are connected with the government.”
She added that when an individual flies a flag at home or at a sport event, or wears clothing on which the flag or a national symbol is depicted, “this has no connection with a business, and the symbol is not being produced or sold by that person.”
Hubbard added that in her personal view, allowing citizens to display the flag “when there is no intent to deceive and no meaningful confusion being created, promotes patriotism and nationhood.”
Ombudsman John Walters last week said the widespread confusion created by the unclear wording of the Act emphasised the importance of involving the public before introducing new legislation.
“That is why it is so important to hold proper public consultations before legislation is passed. Now there is confusion. This should be a lesson for all of us.” He added that national symbols are as important as the constitution and “belong to the people of Namibia”. Therefore, displaying them should not be restricted unnecessarily.
JANA-MARI SMITH
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