By Victor Angula /

The Law Society of Namibia (LSN) has refused to provide answers after it sent out a threat to the media over articles featuring the minister of justice.

In the threat, the LSN stated that it will take action against any media house that continue to publish articles mentioning the name of Minister of Justice Yvonne Dausab in reference to the recent High Court ruling which put an end to the criminalisation of sodomy in Namibia.

In June 2024 the High Court of Namibia ruled in favour of scraping all laws which have for decades prohibited the practice of sodomy between consenting male adults.

Consequently, individuals, and some civil society organizations, have expressed dismay over the High Court’s ruling, and some have gone as far as calling on President Nangolo Mbumba to remove the Minister of Justice Yvonne Dausab from her position.

In an article in The Namibian newspaper titled, “Anti-gay movement calls for justice minister’s removal” published on 24 June 2024, it was reported that the ‘Stop Homosexuality and Same-Sex Marriage in Namibia (Hossamina)’ was planning a mass demonstration [to take place] on 12 August, and that this was confirmed by Hossamina committee chairperson Mr Pendapala Nakathingo in a press statement released on 12 June.

According to the article, Nakathingo said the appointment of Dausab is against the rights of those [who are] against same-sex marriage.

“We are not comfortable with a person who is promoting that which is against us as a nation,” Nakathingo said.

Nakathingo was also reported as having said: ‘“we are not against [Dausab] as a person”, but [Nakathingo says] they do not approve of her appointment as the minister of justice’.

In a notice appearing in The Namibian on 5 July 2024, the Law Society of Namibia published what it referred to as a “press release”, stating that it wished to “express […] deep concerns and disapproval regarding the recent publications and negative utterances circulating in print and social media against Honourable Minister of Justice, Yvonne Dausab, in light of the High Court’s judgement in the matter Friedel Laurentius Dausab v The Minister of Justice and 4 Others”.

The Law Society went on to say that, “The LSN calls on all media houses and individuals to exercise restraint and responsibility in their reporting and commentary. We urge all parties to adhere to the highest standards of journalist integrity, ensuring that their publications are balanced and devoid of unnecessary personal attacks”.

The Law Society said further that: “The recent trend of sensationalised and negative commentary undermines the principles of fairness, justice and respect of all individuals.”

The LSN’s “press release” also stated: “The LSN will continue to monitor the situation closely and will take the necessary action to protect the integrity of the legal profession and the individuals who serve within it.

“We appeal to the public to engage in discussions that are respectful, informed and conducive to the collective well-being of our society”.

Omutumwa asked the Law Society of Namibia to give instances where, in reporting on the High Court sodomy-ruling, media houses have deviated from “highest standards of journalistic integrity” or failed to ensure that their stories are “balanced and devoid of unnecessary personal attacks”.

Omutumwa also asked the Law Society of Namibia to specify what action it would take against journalists or media houses who would have failed to heed its call, and whether such action will not be in conflict with the provisions of the Constitution of Namibia in regard with freedom of speech and freedom of the media?

Omutumwa also asked the Law Society of Namibia whether it was not in effect calling on the media to engage in self-censorship where the reportage of the High Court sodomy-ruling is concerned.

After taking three weeks to respond, Law Society of Namibia’s legal secretary, Mrs Natali Quickfall, said: “Our office acknowledges receipt of your mail below, unfortunately we cannot assist you.”

When asked for comment on the Law Society’s “press release” and whether anybody or any institution has approached his office with grievances as indicated by the Law Society of Namibia, Media Ombudsman Mr John Nakuta simply said: “How does the statement of LSN fall within the jurisdiction of the Media Ombudsman?”

Nakuta did not respond to further WhatsApp messages sent to him.

Meanwhile Namibia Media Professionals Union (NAMPU) Acting Secretary General, Ms Jemima Beukes, said: “We are not currently aware of any specific articles that might justify the Law Society’s ‘deep concerns’ about media coverage of Justice Minister Yvonne Dausab.

“If there are particular articles in question, further details would help us understand the context and concerns raised.

“The law is rooted in facts, and therefore, we call on the Law Society to make clear statements rather than ambiguous ones.

“Ambiguity in their statements can tarnish the media’s reputation. Clear communication is vital to maintain trust and avoid further damaging the media’s image.

“At the same time it is crucial to distinguish between responsible reporting and self-censorship.

“Media freedom is critical, but it must always be balanced with responsible journalism. Reporting on sensitive issues, including on public figures, should be accurate and fair.”

In the photo: Justice Minister Yvonne Dausab.