Namibia intelligence chief seeks secret hearing in N$1.8 million defamation case

The director general of the Namibia Central Intelligence Service (NCIS), Bamba Nghipandua, is asking the High Court to order that a defamation case about a vetting process in which he is being sued for N$1.8 million should be heard in secret.

In an application filed at the Windhoek High Court, Nghipandua is asking the court to order that a defamation claim against him should be heard in camera, that all documents filed in the case be kept secret and that the media be prohibited from reporting on court documents relating to the case.

Nghipandua, in his capacity as NCIS director general, is being sued by a Ministry of International Relations and Trade official, Fiina Elago, who claims she was defamed in a letter by NCIS director Jeff Kaupitwa that was addressed to the executive director of the then Ministry of International Relations and Cooperation in March 2024.

The letter was written after the NCIS undertook a security vetting process on Elago, who near the end of 2023 had applied to be appointed as deputy director of protocol and consular affairs in the ministry of international relations. In his letter, Kaupitwa states that the vetting of Elago could not be finalised because she “has a pending case with the previous employer” – a statement that Elago says was “false, wrongful and defamatory”.

Elago was previously employed in the Ministry of Home Affairs, Immigration, Safety and Security.

Following Kaupitwa’s letter, the minister of home affairs issued a formal letter which confirmed in October 2024 that there was no known pending case or disciplinary proceedings against Elago at the ministry, Elago’s lawyer, Kadhila Amoomo, has informed the court.

Amoomo says that because of Kaupitwa’s letter Elago was not appointed as deputy director of protocol and consular affairs, although she was qualified for the position and had been selected as the successful candidate before the vetting process was carried out by the NCIS.

Elago is suing the director general of the NCIS for N$1.8 million, made up of N$1.47 million in potential lost income, N$300 000 in general damages in respect of her reputation and good standing in professional circles, and N$50 000 for emotional distress and anxiety.

A lawyer representing the NCIS’ director general has notified the court that Elago’s claim is being opposed.

In a sworn statement filed at the court, Nghipandua says Elago’s claim concerns the manner in which the NCIS is requesting security clearances for Namibian citizens and how it processes and either grants or refuses such clearances.

If his plea and counterclaim to Elago’s claim is accessible to the media and the public, it will result in “private and highly confidential information” being disclosed, which will prejudice the NCIS and the way it conducts any future security clearance checks, Nghipandua says.

He also claims this will damage Elago’s reputation and endanger the lives of people interviewed during the security clearance process in respect of Elago.

“Information related to security vetting is highly sensitive,” Nghipandua says. “By its very nature, vetting involves classified and confidential details about individuals and about the security concerns of the state.”

Elago is opposing Nghipandua’s application to have her case heard behind closed doors and keep court documents secret.

The grounds on which Nghipandua relies for his application “are speculative [and] unsupported by evidence”, Elago claims in an affidavit filed at the court.

The Constitution’s article 12 guarantees that all persons are entitled to a fair and public hearing in a court, Elago says.

“The right to a public hearing forms a fundamental tenet of the rule of law and accountability in judicial proceedings,” she says, adding that in-camera court proceedings are permissible only in exceptional circumstances where there is clear and compelling justification that a public hearing would result in demonstrable harm to national security, the administration of justice or the privacy of vulnerable parties.

Nghipandua’s position as head of the NCIS does not exempt him from judicial transparency, Elago says as well.

“The public has a legitimate interest in observing how state institutions, particularly the intelligence service, conduct themselves in relation to the rights and reputations of citizens and/or those serving in the public service,” Elago says.

She also claims: “Suppressing such proceedings from public scrutiny undermines constitutional transparency and accountability.”

Nghipandua’s application was scheduled to be heard yesterday, but the hearing has instead been postponed to 26 March.

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