NBC admits to misleading the public

THE Namibian Broadcasting Corporation has admitted to lying to the public when it claimed that it was guided by the Communications Act in allocating radio airtime to political parties.

Lawyers representing the public broadcaster conceded that the NBC had, in fact, used its own discretion to proportionally allocate airtime to political parties, which disadvantaged those not represented in the National Assembly. The admission came after the South West African National Union (Swanu) challenged the corporation’s stand of refusing to provide equal radio airtime to parties participating in the upcoming elections.Swanu’s lawyers, PF Koep and Co, wrote to the NBC, demanding that the public broadcaster drop the proportional allocation.The NBC management went on air several times claiming that their actions were guided by the Namibian Communications Commissions Act and that until such time as the Act was amended, they would follow the guidelines.PF Koep studied the Act and reminded the NBC that it did not apply to them in respect of broadcasting activities.It said the NBC’s dependence on the Act for guidance was “completely misplaced” and demanded that the corporation “immediately cease” the proportional allocation of airtime and distribute it equally among all parties taking part in the elections.They threatened to take the NBC to court if they did not receive a satisfactory answer by 12h00 last Friday.Shikongo Law Chambers, acting on behalf of the NBC, wrote back and succeeded in stopping the urgent High Court interdict.”We hold instructions to advise that our client is in agreement with your averment that they are not bound by the provisions of the Namibia Communications Commission Act …,” they said in a letter to PF Koep.The letter also conceded that the NBC Act made no specific provision for the allocation of airtime to political parties.However, the NBC’s lawyers then claimed that they had done so at their own discretion.Rihupisa Kandando, President of Swanu, said the latest statement from the NBC lawyers puzzled him.”First they misled the public and the political [parties] since 1994 and now they are saying that they used their own discretion.That clearly shows that they lied in the first place and now they want to cover up with another lie,” he said.He said Swanu would challenge the NBC because the discretion militated against equality and fundamental freedoms.”There is clear evidence that the NBC is in serious and flagrant violation of our rights.The elections cannot be free and fair because the playing field is being decided by the NBC,” he said.He said it was not free and fair because parties were not being given enough time to put their case to the electorate.”We are rejecting the airtime allocation.The NBC, through its Board, has a chance to rectify the mistake.The ball is in their court.We demand fairness,” he said.He said it was not even clear at whose discretion the NBC decided on the allocation of airtime.”Who decided? The Board or the management?” Kandando fumed.The NBC has divided 40 per cent of the radio airtime equally between political parties outside the National Assembly and 60 per cent proportionately to those already in Parliament.The NBC was approached for comment but declined to do so.The admission came after the South West African National Union (Swanu) challenged the corporation’s stand of refusing to provide equal radio airtime to parties participating in the upcoming elections.Swanu’s lawyers, PF Koep and Co, wrote to the NBC, demanding that the public broadcaster drop the proportional allocation.The NBC management went on air several times claiming that their actions were guided by the Namibian Communications Commissions Act and that until such time as the Act was amended, they would follow the guidelines.PF Koep studied the Act and reminded the NBC that it did not apply to them in respect of broadcasting activities.It said the NBC’s dependence on the Act for guidance was “completely misplaced” and demanded that the corporation “immediately cease” the proportional allocation of airtime and distribute it equally among all parties taking part in the elections.They threatened to take the NBC to court if they did not receive a satisfactory answer by 12h00 last Friday.Shikongo Law Chambers, acting on behalf of the NBC, wrote back and succeeded in stopping the urgent High Court interdict.”We hold instructions to advise that our client is in agreement with your averment that they are not bound by the provisions of the Namibia Communications Commission Act …,” they said in a letter to PF Koep.The letter also conceded that the NBC Act made no specific provision for the allocation of airtime to political parties.However, the NBC’s lawyers then claimed that they had done so at their own discretion.Rihupisa Kandando, President of Swanu, said the latest statement from the NBC lawyers puzzled him.”First they misled the public and the political [parties] since 1994 and now they are saying that they used their own discretion.That clearly shows that they lied in the first place and now they want to cover up with another lie,” he said.He said Swanu would challenge the NBC because the discretion militated against equality and fundamental freedoms.”There is clear evidence that the NBC is in serious and flagrant violation of our rights.The elections cannot be free and fair because the playing field is being decided by the NBC,” he said.He said it was not free and fair because parties were not being given enough time to put their case to the electorate.”We are rejecting the airtime allocation.The NBC, through its Board, has a chance to rectify the mistake.The ball is in their court.We demand fairness,” he said.He said it was not even clear at whose discretion the NBC decided on the allocation of airtime.”Who decided? The Board or the management?” Kandando fumed.The NBC has divided 40 per cent of the radio airtime equally between political parties outside the National Assembly and 60 per cent proportionately to those already in Parliament.The NBC was approached for comment but declined to do so.