Lawyers warn against secret trial as NCIS spy chief’s defamation case faces transparency concerns

Lawyers say an application by the director general of the Namibia Central Intelligence Service (NCIS) to have a defamation claim against him heard in secret is “concerning” and could undermine public interest.

NCIS chief Bamba Nghipandua has requested that a N$1.8-million defamation case against him in the Windhoek High Court be heard in camera to protect the secrecy of the intelligence service’s vetting process.

If granted, all documents and testimony will be held in secret and the media will not be allowed to report on the case.

Lawyer Norman Tjombe this week told The Namibian that the application, if successful, would affect the media’s ability to inform the public of government officials’ potential maladministration.

“What the NCIS seeks to do is concerning. Courts are supposed to be open and accessible to the public, and that is an important aspect of constitutional democracy – that the public can see justice being done,” he said.

Human rights academic and former media ombudsman John Nakuta yesterday said national security is not sufficient grounds for secrecy.

“We must reject the fallacy that the public interest is served by silence. Transparency is the only mechanism we have to ensure that ‘state security’ doesn’t become a synonym for ‘state impunity’,” he said.

Nakuta said it would enable government officials to use security to hide mistakes.

“It allows the NCIS to present ‘classified’ evidence that neither the public nor the press can scrutinise, making it impossible to verify if the secrecy is being used to protect agents or simply to hide embarrassing truths,” he said.

Nakuta said holding a trial in camera could prejudice the rights of the person suing the NCIS.

Former ombudsman John Walters also questioned the motivation behind Nghipandua’s application.

“I struggle to understand why a person wants their testimony in camera. If that is really in the interest of security, that must be decided by the court,” he said.

Nghipandua is being sued for defamation by Fiina Elago, an official at the Ministry of International Relations and Trade.

NCIS director Jeff Kaupitwa wrote a letter to the ministry’s executive director in 2024, stating that a security vetting process for Elago could not be completed due to a pending disciplinary investigation with her former employer.

Elago claims the letter was defamatory and prevented her from being appointed as deputy director of protocol and consular affairs.

The Namibian reported on Friday that Nghipandua submitted an application to the High Court for the case to be heard in camera, claiming it would reveal highly confidential information and affect the intelligence service’s future ability to conduct security checks.

Elago is opposing Nghipandua’s application to have the case heard in secret.

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