Spy agency raises 'classified' defence
Lawyers representing the Namibia Central Intelligence Services (NCIS) have argued in the Windhoek High Court that the details about two farms bought to the tune of N$57 million by government in the Otjozondjupa Region is classified information.
The NCIS is seeking to urgently interdict The Patriot newspaper from publishing any information relating to the purchase of the two farms and another property in Windhoek, which government purchased for the intelligence service at a cost of N$8.2 million.
It emerged during Friday's court proceedings that the two farms bought for resettlement purposes were now being used by retired members of the NCIS, who are organised in a voluntary association.
This association, it was claimed by Norman Tjombe, who is appearing on behalf of The Patriot editor Mathias Haufiku and the weekly newspaper, has also received N$1.1 million from the NCIS.
According to Tjombe, the retired members of the NCIS are private individuals and the acquisition of the farms for their use was unauthorised expenditure and is thus corruption.
Tjombe alleged this is the information the NCIS regards as sensitive and which in their mind poses a risk to national security and should not be published. The newspaper refrained from publishing the story, but asserted its right to freedom of expression and of the media.
Advocate Dennis Khama, who appears for NCIS director-general Phillemon Malima and the government, asserted that the publication of the story will pose a risk to the national security of the state.
He emphasised the applicants are relying on the provisions of the Protection of Information Act to enforce the right to prohibit the publication of sensitive or classified information or information that relates to a security matter.
He said “security matter” includes any matter which is dealt with by the NCIS or which relates to its functions or to the relationship that exists between any person and the intelligence service. He said the Act stipulates that “classified information” means information of such a sensitive nature and value that the unauthorised publication or disclosure thereof would lead to a security risk being posed to the state.
According to him, the provisions of the Act further explains that “sensitive information” includes any information which is likely to disclose the identification of or provide details of a source of information, other assistance or operational methods available to the service. “The purpose of the Act is to protect certain kinds of information from disclosure and regulates different types of prohibitions in respect of certain types of information, access to certain places and other activities,” he explained.
According to him, the Act does not provide a defence for unlawfully disclosing or publishing protected information. “On this basis we contend that the respondents have no right to possess, circulate, disclose and/or publish the protected information,” Khama argued.
He added that in the absence of national security, one cannot enjoy such freedoms as freedom of speech and of the media, while adding that democracy cannot flourish without security.
He emphasised that the law allows the media to protect their sources and that the law operates in a similar fashion in terms of national security.
Tjombe asked: “What is the purpose of the voluntary association of the retired members of the NCIS? Who appoints the board of directors of the association? Why is government money used to fund a private association?” According to him these types of questions led to uncovering corruption and that they were not posed by a lawyer, but by an experienced journalist. He stated that the information on the title deeds of the farms and the house was obtained from the Deeds Office. “It is not stated in the papers as a serious security issue,” he said.
Judge Harald Geier said the contention is that the properties were being used by the NCIS.
He added that land reform minister Utoni Nujoma had declared that the farms were acquired for resettlement purposes, and that this turned out to be a false declaration.
The NCIS allegedly told Haufiku, who was working on the story, that publishing it would be a violation of its Act.
However, Tjombe said the journalist promised not to disclose the names of the intelligence officers occupying the Windhoek house or the street or house number, but wanted to know whether the NCIS had bought the property.
The NCIS allegedly responded that he cannot publish anything relating to the intelligence service.
“If the court gives such order it would be a wide order,” Tjombe argued. According to him, the attitude of the NCIS is that even if the information does not threaten state security it should not be published.
Geier postponed the matter to 31 May for judgement.
FRED GOEIEMAN
Caption
The NCIS is seeking to urgently interdict The Patriot newspaper from publishing any information relating to the purchase of the two farms and another property in Windhoek, which government purchased for the intelligence service at a cost of N$8.2 million.
It emerged during Friday's court proceedings that the two farms bought for resettlement purposes were now being used by retired members of the NCIS, who are organised in a voluntary association.
This association, it was claimed by Norman Tjombe, who is appearing on behalf of The Patriot editor Mathias Haufiku and the weekly newspaper, has also received N$1.1 million from the NCIS.
According to Tjombe, the retired members of the NCIS are private individuals and the acquisition of the farms for their use was unauthorised expenditure and is thus corruption.
Tjombe alleged this is the information the NCIS regards as sensitive and which in their mind poses a risk to national security and should not be published. The newspaper refrained from publishing the story, but asserted its right to freedom of expression and of the media.
Advocate Dennis Khama, who appears for NCIS director-general Phillemon Malima and the government, asserted that the publication of the story will pose a risk to the national security of the state.
He emphasised the applicants are relying on the provisions of the Protection of Information Act to enforce the right to prohibit the publication of sensitive or classified information or information that relates to a security matter.
He said “security matter” includes any matter which is dealt with by the NCIS or which relates to its functions or to the relationship that exists between any person and the intelligence service. He said the Act stipulates that “classified information” means information of such a sensitive nature and value that the unauthorised publication or disclosure thereof would lead to a security risk being posed to the state.
According to him, the provisions of the Act further explains that “sensitive information” includes any information which is likely to disclose the identification of or provide details of a source of information, other assistance or operational methods available to the service. “The purpose of the Act is to protect certain kinds of information from disclosure and regulates different types of prohibitions in respect of certain types of information, access to certain places and other activities,” he explained.
According to him, the Act does not provide a defence for unlawfully disclosing or publishing protected information. “On this basis we contend that the respondents have no right to possess, circulate, disclose and/or publish the protected information,” Khama argued.
He added that in the absence of national security, one cannot enjoy such freedoms as freedom of speech and of the media, while adding that democracy cannot flourish without security.
He emphasised that the law allows the media to protect their sources and that the law operates in a similar fashion in terms of national security.
Tjombe asked: “What is the purpose of the voluntary association of the retired members of the NCIS? Who appoints the board of directors of the association? Why is government money used to fund a private association?” According to him these types of questions led to uncovering corruption and that they were not posed by a lawyer, but by an experienced journalist. He stated that the information on the title deeds of the farms and the house was obtained from the Deeds Office. “It is not stated in the papers as a serious security issue,” he said.
Judge Harald Geier said the contention is that the properties were being used by the NCIS.
He added that land reform minister Utoni Nujoma had declared that the farms were acquired for resettlement purposes, and that this turned out to be a false declaration.
The NCIS allegedly told Haufiku, who was working on the story, that publishing it would be a violation of its Act.
However, Tjombe said the journalist promised not to disclose the names of the intelligence officers occupying the Windhoek house or the street or house number, but wanted to know whether the NCIS had bought the property.
The NCIS allegedly responded that he cannot publish anything relating to the intelligence service.
“If the court gives such order it would be a wide order,” Tjombe argued. According to him, the attitude of the NCIS is that even if the information does not threaten state security it should not be published.
Geier postponed the matter to 31 May for judgement.
FRED GOEIEMAN
Caption
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