Misa, NSHR slam Nujoma lawsuit

THE Media Institute of Southern Africa (Misa) says former Namibian President Sam Nujoma’s decision to sue The Namibian is considered an attempt to muzzle the media and to suppress public opinion.

In a strongly worded statement issued yesterday, Misa said The Namibian was merely reporting on information already in the public domain, information that was made available in a public hearing and which is contained in a sworn affidavit that was filed with the court. Nujoma’s lawyers served a summons on The Namibian on Friday, demanding N$5 million in damages.The summons claims that by reporting on evidence given during a public inquiry into the Avid-SCC corruption scandal last year, the newspaper implied that Nujoma was corrupt.Nujoma’s name was mentioned in an affidavit submitted in the High Court during last year’s Avid inquiry by Avril Green, former manager at the Social Security Commission (SSC).Green alleged in his affidavit that he had been approached by Ralph Blaauw, former Swapo MP, on January 3 last year.”He [Blaauw] told me that he had been sent by a higher authority to introduce Avid Investment Corporation (Pty) Ltd to the SSC.He told me that he represents Avid …and that 80 per cent of the shares in the Investment Company belongs to the Swapo Party Youth League which resorts under the President of Namibia.He also told me that the President had a share in the company but that it would not be disclosed anywhere,” Green said in the affidavit.More than a year later, Nujoma’s lawyers served the newspaper with the N$5 million notice.Misa appealed to Nujoma to retract the lawsuit “in a showing of statesmanship and in honour of many statements he made in the past aimed at advancing media freedom and freedom of expression in Namibia”.In its statement, the National Society for Human Rights (NSHR) “vigorously condemn(ed)” the defamation suit.”NSHR regards the civil claim by President Nujoma as a malicious, vindictive and pre-emptive shoot-the-messenger act of intimidation aimed at not only curbing press freedoms but also arresting growing transparency in the country,” the NSHR said in a statement.The human rights watchdog said the incident was bound to have a further chilling effect for potential whistle-blowers against the scourge of corruption in the country.”The Nujoma claim also constitutes an insidious violation of the right of citizens to exercise their freedom of expression and opinion in general,” it said.NSHR said the civil claim came at a time when the country was impatiently waiting for a decision by the Office of the Prosecutor General on whether or not to prosecute high-ranking officials involved in the N$30 million Avid scam.”NSHR is also not surprised that the decision by Nujoma to sue The Namibian came soon after the newspaper carried stories about gross over-expenditure in Nujoma’s office and about fresh reports about the financial scam, locally known as the Avid-Social Security Commission Scandal.”The rights watchdog said Nujoma had accumulated a track record of hostility towards the media in general and The Namibian in particular.”It is extremely doubtful whether Nujoma and his lawyers will be able to prove the liability on a balance of probabilities that The Namibian is intent to harm his reputation.Also, Nujoma is a public figure and hence I personally will not be surprised if this suit comes to zero”, said NSHR Executive Director Phil ya Nangoloh.He also wanted to know who would foot the bill for Nujoma’s case.”Is it President Nujoma personally or will public funds be used through the Office of the Founding Father of the Namibian Nation? The fact that Nujoma’s lawyers claim that their client had been recognised and regarded as the father of the Namibian nation seems to suggest that Nujoma’s personal court case will be financed from State coffers,” said Ya Nangoloh.Nujoma’s lawyers served a summons on The Namibian on Friday, demanding N$5 million in damages. The summons claims that by reporting on evidence given during a public inquiry into the Avid-SCC corruption scandal last year, the newspaper implied that Nujoma was corrupt.Nujoma’s name was mentioned in an affidavit submitted in the High Court during last year’s Avid inquiry by Avril Green, former manager at the Social Security Commission (SSC).Green alleged in his affidavit that he had been approached by Ralph Blaauw, former Swapo MP, on January 3 last year.”He [Blaauw] told me that he had been sent by a higher authority to introduce Avid Investment Corporation (Pty) Ltd to the SSC.He told me that he represents Avid …and that 80 per cent of the shares in the Investment Company belongs to the Swapo Party Youth League which resorts under the President of Namibia.He also told me that the President had a share in the company but that it would not be disclosed anywhere,” Green said in the affidavit.More than a year later, Nujoma’s lawyers served the newspaper with the N$5 million notice.Misa appealed to Nujoma to retract the lawsuit “in a showing of statesmanship and in honour of many statements he made in the past aimed at advancing media freedom and freedom of expression in Namibia”.In its statement, the National Society for Human Rights (NSHR) “vigorously condemn(ed)” the defamation suit.”NSHR regards the civil claim by President Nujoma as a malicious, vindictive and pre-emptive shoot-the-messenger act of intimidation aimed at not only curbing press freedoms but also arresting growing transparency in the country,” the NSHR said in a statement.The human rights watchdog said the incident was bound to have a further chilling effect for potential whistle-blowers against the scourge of corruption in the country.”The Nujoma claim also constitutes an insidious violation of the right of citizens to exercise their freedom of expression and opinion in general,” it said.NSHR said the civil claim came at a time when the country was impatiently waiting for a decision by the Office of the Prosecutor General on whether or not to prosecute high-ranking officials involved in the N$30 million Avid scam.”NSHR is also not surprised that the decision by Nujoma to sue The Namibian came soon after the newspaper carried stories about gross over-expenditure in Nujoma’s office and about fresh reports about the financial scam, locally known as the Avid-Social Security Commission Scandal.”The rights watchdog said Nujoma had accumulated a track record of hostility towards the media in general and The Namibian in particular.”It is extremely doubtful whether Nujoma and his lawyers will be able to prove the liability on a balance of probabilities that The Namibian is intent to harm his reputation.Also, Nujoma is a public figure and hence I personally will not be surprised if this suit comes to zero”, said NSHR Executive Director Phil ya Nangoloh.He also wanted to know who would foot the bill for Nujoma’s case.”Is it President Nujoma personally or will public funds be used through the Office of the Founding Father of the Namibian Nation? The fact that Nujoma’s lawyers claim that their client had been recognised and regarded as the father of the Namibian nation seems to suggest that Nujoma’s personal court case will be financed from State coffers,” said Ya Nangoloh.