Director General of the Namibia Central Intelligence Service and Another v Haufiku and Others (107 of 2018) [2018] NAHCMD 174 (18 June 2018)

Director General of the Namibia Central Intelligence Service and Another v Haufiku and Others (107 of 2018) [2018] NAHCMD 174 (18 June 2018)

The applicants failed to establish the second requirement for a final interdict, namely that an injury was actually committed or reasonably apprehended. They did not plead or prove factual matter informing the secrecy, sensitivity, or classification of the information, nor did they demonstrate a genuine national security risk. Much of the information was already in the public domain, and the intended publication concerned matters of public interest, including alleged corruption and misuse of public funds. The law cannot be used to cover up potentially unlawful activity. Therefore, the application for an interdict was dismissed.

Citation
[2018] NAHCMD 174
Parties
Applicant: The Director General of the Namibia Central Intelligence Service; Applicant: The Government of the Republic of Namibia; Respondent: Mathias Haufiku; Respondent: The Editor of The Patriot Newspaper; Respondent: The Patriot Newspaper
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
18 June 2018
Case Number
107 of 2018
Procedural Posture
Constitutional/administrative Law Urgent Application for Interdict / Judgment on Final Interdict
Outcome
Application dismissed with costs
Legal Topics
Freedom of Expression, Freedom of the Press, National Security, Interdicts, Corruption, Public Interest, Access to Information
Source Language
English
Constitutional Law Media Law Administrative Law Freedom of Expression Freedom of the Press National Security Interdicts Corruption +2 more

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Parties

The Director General of the Namibia Central Intelligence Service

Applicant

The Government of the Republic of Namibia

Applicant

Mathias Haufiku

Respondent

The Editor of The Patriot Newspaper

Respondent

The Patriot Newspaper

Respondent

Procedural Posture

Constitutional/administrative Law Urgent Application for Interdict / Judgment on Final Interdict

Legal Issues

  1. 1 Whether the applicants are entitled to an interdict restraining publication of information relating to the Namibia Central Intelligence Service (NCIS) and its assets on grounds of national security and statutory prohibitions.
  2. 2 Whether the intended publication by the respondents is protected by the constitutional right to freedom of expression and the media under Article 21(1)(a) of the Namibian Constitution.
  3. 3 Whether the applicants established the requirements for a final interdict, specifically a clear right and an injury actually committed or reasonably apprehended.

Ratio Decidendi

The applicants failed to establish the second requirement for a final interdict, namely that an injury was actually committed or reasonably apprehended. They did not plead or prove factual matter informing the secrecy, sensitivity, or classification of the information, nor did they demonstrate a genuine national security risk. Much of the information was already in the public domain, and the intended publication concerned matters of public interest, including alleged corruption and misuse of public funds. The law cannot be used to cover up potentially unlawful activity. Therefore, the application for an interdict was dismissed.

Court Disposition

Application dismissed with costs

Orders

  • The application is dismissed with costs, such costs to include the costs of one instructed and one instructing counsel.