‘Silent’ call merges raise privacy fears among MTC users
MTC says their hands are tied as it’s a phone-based feature
MTC customers say the company must act swiftly to introduce real-time alerts when calls are merged to safeguard their constitutional right to privacy.
Concerns have been raised by MTC customers over the lack of notifications on some mobile phones when using the call-merging function, which can allow a third party to be added to an ongoing call without the knowledge or consent of other participants – a feature critics say could infringe on the constitutional right to privacy.
A concerned citizen and MTC user recently took to social media, describing the function as “a gross violation of our right to privacy under Article 13 of the Namibian Constitution.”
MTC has since clarified that the call-merging function is a built-in device feature, not a service offered by the company, though the technology is compatible with its network.
The social media post said the call-merging feature, which allows a third party to join a private conversation without the knowledge or consent of the other caller, "is a violation of the constitution and should urgently cease".
The writer also warned: "This isn’t just a technical loophole but a serious infringement of our constitutional right to privacy, which protects the confidentiality of correspondence, communication and telephone conversations."
The post also called on MTC and the Communications Regulatory Authority of Namibia (CRAN) to ensure that phones provide audible or visual notifications whenever an additional person joins a call.
Critics argue that the absence of such alerts undermines public trust and could expose citizens to manipulation, intimidation or deceit.
Efforts to obtain comment from CRAN proved unsuccessful, with requests for information unanswered for more than two weeks.
Privacy risks and device limitations
Namibian Sun sought to establish what mechanisms the regulator has in place to ensure users’ telecommunications privacy is protected.
Tests found that while some Android devices display on-screen notifications when a conference call is active, iPhones do not alert users, leaving parties unaware unless the original caller informs them.
Concerned MTC users have suggested that MTC should at least implement an audible alert to notify users whenever a call is merged or a third party joins.
Although MTC maintains that the call-merging feature is a standard phone-based function and not part of its network services, Namibian Sun found that other service providers in Namibia do not allow the feature to operate in the same manner, with some disabling third-party merges entirely to protect user privacy.
Human rights considerations
Namibian ombudsman Basilius Dyakugha, when asked whether the feature constitutes a possible human rights violation, said he was not convinced it automatically breaches constitutional privacy rights.
“I’m not so sure whether it violates your right as a user of the service provider, because it is the caller who adds someone without consent,” Dyakugha explained.
He added that service providers have legal obligations to maintain lawful interception systems, intended only for authorised purposes and not for covert eavesdropping.
“They have a legal obligation to have these features in their system to make interception issues possible, and it is in the law,” he said.
Dyakugha clarified that while the unauthorised addition of a third party could expose private information, the responsibility lies primarily with the caller, not the service provider, under current legislation.
No interference with devices
MTC spokesperson Erasmus Nekundi said the call-merging feature is not a unique service offered by MTC but rather a standard function provided by mobile phones that works with the MTC network.
“Call merging is a standard feature provided by the phone system, not a unique service offered by MTC. MTC’s network is only compatible with the technology,” Nekundi explained.
He added that telecommunications services in Namibia are technology-neutral, as provided under Section 38 of the Communications Act (Act No. 8 of 2009), meaning MTC cannot limit device capabilities unless directed by law.
“The feature is provided by the phone device. MTC does not offer it as a service, but the technology is compatible with the MTC network. Therefore, MTC cannot interfere in private calls unless prescribed by law,” he explained.
When asked whether MTC would implement mandatory notifications when a call is merged,
Nekundi emphasised that the feature is device-driven but highlighted the importance of user awareness.
“Initiating a conference call without informing the other person is akin to putting your phone on speakerphone, taking a screenshot of a chat, or using third-party recording software without consent. It’s difficult for MTC to prevent such ill-mannered conduct by device owners,” he underlined.
A concerned citizen and MTC user recently took to social media, describing the function as “a gross violation of our right to privacy under Article 13 of the Namibian Constitution.”
MTC has since clarified that the call-merging function is a built-in device feature, not a service offered by the company, though the technology is compatible with its network.
The social media post said the call-merging feature, which allows a third party to join a private conversation without the knowledge or consent of the other caller, "is a violation of the constitution and should urgently cease".
The writer also warned: "This isn’t just a technical loophole but a serious infringement of our constitutional right to privacy, which protects the confidentiality of correspondence, communication and telephone conversations."
The post also called on MTC and the Communications Regulatory Authority of Namibia (CRAN) to ensure that phones provide audible or visual notifications whenever an additional person joins a call.
Critics argue that the absence of such alerts undermines public trust and could expose citizens to manipulation, intimidation or deceit.
Efforts to obtain comment from CRAN proved unsuccessful, with requests for information unanswered for more than two weeks.
Privacy risks and device limitations
Namibian Sun sought to establish what mechanisms the regulator has in place to ensure users’ telecommunications privacy is protected.
Tests found that while some Android devices display on-screen notifications when a conference call is active, iPhones do not alert users, leaving parties unaware unless the original caller informs them.
Concerned MTC users have suggested that MTC should at least implement an audible alert to notify users whenever a call is merged or a third party joins.
Although MTC maintains that the call-merging feature is a standard phone-based function and not part of its network services, Namibian Sun found that other service providers in Namibia do not allow the feature to operate in the same manner, with some disabling third-party merges entirely to protect user privacy.
Human rights considerations
Namibian ombudsman Basilius Dyakugha, when asked whether the feature constitutes a possible human rights violation, said he was not convinced it automatically breaches constitutional privacy rights.
“I’m not so sure whether it violates your right as a user of the service provider, because it is the caller who adds someone without consent,” Dyakugha explained.
He added that service providers have legal obligations to maintain lawful interception systems, intended only for authorised purposes and not for covert eavesdropping.
“They have a legal obligation to have these features in their system to make interception issues possible, and it is in the law,” he said.
Dyakugha clarified that while the unauthorised addition of a third party could expose private information, the responsibility lies primarily with the caller, not the service provider, under current legislation.
No interference with devices
MTC spokesperson Erasmus Nekundi said the call-merging feature is not a unique service offered by MTC but rather a standard function provided by mobile phones that works with the MTC network.
“Call merging is a standard feature provided by the phone system, not a unique service offered by MTC. MTC’s network is only compatible with the technology,” Nekundi explained.
He added that telecommunications services in Namibia are technology-neutral, as provided under Section 38 of the Communications Act (Act No. 8 of 2009), meaning MTC cannot limit device capabilities unless directed by law.
“The feature is provided by the phone device. MTC does not offer it as a service, but the technology is compatible with the MTC network. Therefore, MTC cannot interfere in private calls unless prescribed by law,” he explained.
When asked whether MTC would implement mandatory notifications when a call is merged,
Nekundi emphasised that the feature is device-driven but highlighted the importance of user awareness.
“Initiating a conference call without informing the other person is akin to putting your phone on speakerphone, taking a screenshot of a chat, or using third-party recording software without consent. It’s difficult for MTC to prevent such ill-mannered conduct by device owners,” he underlined.
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