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COVERAGE OF ELECTIONS IN NAMIBIA IN ACCORDANCE WITH THE BROADCASTING CODE FOR BROADCASTING LICENSEES AND THE CONSEQUENCES OF NON-COMPLIANCE

16 Dec
Posted by: Thomas Mbenzi
Category: News
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27 SEPTEMBER 2024 – WINDHOEK

The media is not only the cornerstone of democracy, but they also play an indispensable role in the proper functioning of a democracy. The vital role of the media as a watchdog of the democratic process and in influencing political discourse, especially during elections, is essential to democratic consolidation. In 2018, the Communications Regulatory Authority of Namibia (CRAN) issued the Broadcasting Code for Broadcasting Licensees under Section 89 of the Communications Act, 2009. The Broadcasting Code establishes a clear framework for how broadcasters are to be monitored and adjudicated ensuring that media practices align with the ethical standards and legal mandates as per section 90 of the Communications Act, Act 8 of 2009 (the Communications Act).

The media occupy a vital role in the advancement of democracy and should be upheld as an institution that protects democracy. Without the media, safeguarding the credibility and transparency of the electoral process would be a difficult task. While a free and objective media can foster transparency by disseminating important electoral information, a stifled or compromised media is capable of undermining the electoral process, ultimately weakening democracy.

Part C of the Broadcasting Code sets out the manner in which media houses are expected to conduct themselves during the coverage of Elections and Referendums. A referendum is a general vote by the electorate on a single political question that has been referred to them for a direct decision as anticipated in section 119 of the Electoral Act, Act 5 of 2014 (the Electoral Act). Namibia is set to go to the polls on the 27th of November 2024 and the 26th of September to the 24th November 2024 has been declared as an election broadcasting period. To this end, there is an obligation on media houses to conduct themselves in a certain manner to ensure that they are transparent, impartial, and accountable in the election coverage to maintain a robust democracy in Namibia.

THE OBLIGATIONS OF BROADCASTERS UNDER THE BROADCASTING CODE DURING ELECTION PERIOD

It is well known that the media sets agenda and use values such as prominence to satisfy the interest of the public. However, to curb the potential of this transpiring, the Broadcasting Code sets out the obligations of the broadcasters. Sections 18-24 of the Broadcasting Code set out how broadcasters must conduct themselves in the Coverage of Elections and Referendums. Some of the key obligations include but are not not limited to the following:

•Party Election Broadcasts: Per the Electoral Calendar issued by the Electoral Commission of Namibia, nomination day is set to be proclaimed as the 26th of September 2024. The election broadcast period before the elections on 27 November 2024 will therefore run from 26 September 2024 until 24 November 2024. Broadcasters are restricted from airing party election broadcasts outside the election broadcast period stated above. A party election broadcast is a programme, whether pre-recorded or a live event, which is broadcast free of charge or for a fee determined by the broadcaster or intended or calculated to advance the interests, beliefs or objects of any political party or candidate. Any broadcaster choosing to air party election broadcasts must provide equal opportunities to all political parties. Further, a broadcaster who decides to broadcast a party election broadcast for a particular party must afford all other political parties a similar opportunity.

•News And Current Affairs: All current affairs programmes related to the election must be balanced and impartial ensuring that there is a platform to all political perspectives.

•Balance And Impartiality: Broadcasters must guarantee equitable treatment of all political entities in their coverage. This includes impartiality in editorial content and advertising time. In making advertising time available to political parties, no broadcaster may discriminate against any political party or make or give any preference to any political party or subject any political party to any prejudice.

•Party Election Broadcasts: A broadcaster broadcasting a party election broadcast contents must make available to all political parties, every day throughout the election broadcast period, four timeslots not exceeding two minutes each as a minimum. Such broadcaster must further ensure that all party election broadcasts it airs are clearly identified and ensure that all party election broadcasts are identified or announced in a similar manner. A broadcaster may not broadcast a political party’s party election broadcast or political advertisement immediately before or after another political party’s party election broadcast or political advertisement.

•Political Advertising: Political advertisements are only permissible during the election broadcast period. A broadcaster, to whom a political advertisement is submitted by a political party for broadcast, may not edit or alter the advertisement. A broadcaster may not reject a political party’s political advertisement without reasonable cause and in such event the broadcaster must, no longer than 24 hours after having received the political party’s political advertisement, furnish the political party concerned with written reasons for the rejection.

•Polling Day Broadcasts: On polling day, broadcasters must refrain from airing any material that supports any political party or candidate. Coverage should focus solely on voting progress and logistical information. Broadcasters can only broadcast election results after the polls close and the official results are announced by the Electoral Commission of Namibia.

COMPLIANCE AND ENFORCEMENT OF THE BROADCASTING CODE

Non-compliance with the Broadcasting Code does not go without any repercussions. CRAN plays a vital role in enforcing the Broadcasting Code and monitoring compliance under Section 90 of the Communications Act. Should a broadcaster be alleged to have breached any of the provisions of the code, upon receiving a complaint, CRAN will request the concerned broadcaster to provide written representations regarding the alleged breach. If a material breach is confirmed, CRAN has the authority to impose various sanctions, ranging from warnings, mandatory changes in program, public disclosures, counter-broadcasts, suspension, or even revocation of the broadcasting license.

This rigorous enforcement mechanism ensures that broadcasters adhere to ethical standards and contribute to a fair and balanced electoral process in Namibia. The purpose of regulating this is to ensure that media coverage of elections and referendums is regulated to be fair and impartial, contributing to a democratic and transparent electoral process in Namibia.

UPHOLDING DEMOCRACY THROUGH FAIR MEDIA PRACTICES

CRAN’s introduction of the Broadcasting Code marks a pivotal moment in ensuring that Namibia’s landscape supports a democratic electoral process that ensures fairness and transparency. By setting stringent guidelines and maintaining close oversight, CRAN aims to foster an environment where all political parties receive equitable treatment which guarantees that the public has access to unbiased information, strengthening the democratic fabric of Namibia as the nation heads into future elections and referendums. With these safeguards in place, the public can be assured that their media landscape will uphold the principles of fairness, balance, and impartiality, thereby strengthening the democratic process.

To ensure that all broadcasters adhere to the provisions relating to the Coverage of Elections and Referendums in the Broadcasting Code, CRAN calls on members of the public and political parties to report any broadcasters not complying with the Broadcasting Code for the Authority to sanction the concerned broadcaster/s accordingly.

ENDS


Issued By:
Mr. Simson Shimakeleni
Legal Advisor: Complaints & Enforcement
Communications Regulatory Authority of Namibia (CRAN)
Tel: +264 61 222 666
Email: Stakeholdercomms@cran.na

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Tulimevava Kaunapawa Mufeti

Chairperson

Kauna Mufeti is a Computer Science and Information Systems expert with extensive experience in the use of ICT infrastructures to support e-Learning in developing contexts. She also has a passion for software development, specifically in creating database-driven web applications for multi-user systems and developing content for online courses.

Her leadership journey includes heading the School of Computing from 2015 to 2020, where she oversaw educational, research, and administrative functions. She supervised multiple collaborative funded research projects with various national and international institutions.

Kauna also has a robust background in managing the development of software systems. She spearheaded the development of several Content Management Systems for the University of Namibia (UNAM) clients. She also managed the development of the University Management Information Systems project at UNAM, coordinating efforts between multiple stakeholders and an offshore development team.

She holds a Doctor of Philosophy in Information Systems, Master of Science Degree in Computer Science, and Bachelor of Science with Honours Degree in Computer Science, all from Rhodes University. Additionally, she holds a Bachelor of Science Degree in Computer Science and Physics, from the UNAM.

She is currently an Associate Professor in the Department of Computing, Mathematical and Statistical Sciences at UNAM.

Aletha Nangula Haufiku

Board Member

Aletha Haufiku is a Human Resources professional with over 15 years of business acumen and extensive HR leadership. She is a versatile, personable, results-oriented, and empowering Leader that assists the firm's leadership team in translating the company strategy into HR initiatives that improve performance, profitability, and growth, while also handling legal and compliance concerns, talent retention, and employee engagement.

She has expertise and experience in general HR and business functions such as Business Management, Strategic Human Resources, HR Staffing & Administration, Organisational Development Business Re-engineering, Employee and Labour Relations, Compensation and Benefits, and Employee Wellness, Health and Safety.

Aletha holds a Master of Science in Entrepreneurship (MSC) from the ESSCA School of Management in Paris, France; Master of Business Administration (MBA) from the City University of Applied Science, Hochschule Bremen, Germany; B Tech Human Resources Management and National Diploma Human Resources Management from the Namibia University of Science and Technology (former Polytechnic).

She is currently employed by Bokomo Namibia as Human Resources Executive.

Elvis Elia Nashilongo

Vice-Chairperson

Elvis Nashilongo is an operations’ practitioner with over 2 decades of experience in the management of Pension funds schemes. He holds a Master’s degree in International Business (MIB/MBA) specializing in Business Management strategies. He also holds a Post Graduate Diploma in Executive Development Program (EDP), a Bachelor’s Degree in Communication and Industrial Psychology and a National Diploma in Public Management.

Mr. Nashilongo has served in leadership and management roles such as former chairman at Mobile Telecommunications Limited (MTC), a former chairman of Government Employees Pension Fund (GEPF) and Principal Officer of GEPF, Board Member at Retirement Funds Institute of Namibia (RFIN), Director and Chairman at Omusati Medical Hospital, and Board Member at Public Relations Institute of Southern Africa (PRISA). He is currently employed as General Manager: Operations, at the Government Institutions Pension Fund (GIPF)

Gerhard Coeln

Board Member

Gerhard Coeln is a seasoned Electrical Engineer and founder of GeCoCo Consulting, responsible for electricity distribution & supply industry development and restructuring at local, regional, and national level. He holds an MBA from the Heriot-Watt University in Edinburgh Business School in Scotland and a B.Sc. Electrical & Electronic Engineering from the University of Cape Town. He has recently participated in and received the TPRM certificate course at Wits University.

Gerhard initially worked at telecom companies in South Africa whereafter he returned to Namibia where he worked for a consulting firm Henning Seelenbinder and Partners (HSP) in Windhoek, which concentrated more on power systems and electricity networks throughout Namibia. He then worked for the Municipality of Walvis Bay electricity department until the establishment of Erongo RED.

Gerhard was involved in the restructuring process of the electricity supply industry that culminated in the creation of the Electricity Control Board. Moreover, he was the founding Chief Executive Officer (CEO) of Erongo RED from March 2005 until January 2013. He provided strategic leadership, financial planning and management, board reporting, risk management, environmental scanning, stakeholder management, corporate governance, corporate image, and project management skills during his tenure at Erongo RED.

He as worked at multiple private electricity firms such as Rural Maintenance (Pty) Ltd involved in turn-around strategies for municipalities’ electricity department in South Africa.

Veiko Shatilwe Alexander

Board Member

Veiko Alexander is an admitted legal practitioner of the High Court of Namibia and is the founder and director of the law firm, Veiko Alexander & Company Incorporated. He holds a LLB from the University of South Africa and B-Juris from University of Namibia.

Veiko’s service alignment is predominantly commercial and corporate advice, although a limited part of his practice also includes, labour, civil and criminal litigation. He specialises on advising on mining and minerals related law; licensing and regulatory; the drawing, negotiation and reviewing of contracts; conducting of due diligences and project financing.

Apart from being a practicing lawyer, Veiko is also a director, and serves on the board of directors of CRAN, Lemon Square Investments (Pty) Ltd, Nam-mic Holdings (Pty) Ltd and Ino Harith Capital, a leading fund manager appointed to manage the Namibia Infrastructure Fund 1 and Namibia Infrastructure Fund 2.

Florette Nicolette Nakusera

Board Member

Florette Nakusera is a seasoned professional Economist with over 24 years of experience, ranging between leadership, executive, management and operational experience in the financial sector, the aviation sector, statistics, environmental economics, and the education sector. She possesses excellent communication and negotiation skills and have good strategic appreciation and vision. she has a collaborative approach, with good interpersonal skills to engage, motivate and encourage others. She is an analytical decision-maker that has considerable experience in building companies/institutions and managing difficult situations.

Florette holds an M.Comm (Economics) and B.Comm (Hons) Economics from the University of Stellenbosch. Additionally, she also holds a Bachelor of Commerce degree from the University of Namibia, certificates in International Executive Development Programme (IEDP) form the WITS Business School and London Business School, and Executive Development Programme (EDP) from the University of Stellenbosch Business School.

She is currently employed by the Bank of Namibia (BoN) as a Director of the Financial Stability and Macroprudential Oversight Department, and Head of the Namibia Deposit Guarantee Authority (NDGA). She is also a Member of the Financial Sector Stability Committee (FSSC) and Macroprudential Oversight Committee (MOC) at BoN.

Jeanine Du Toit

Board Member

Jeanine du Toit is a dedicated and driven professional with a profound enthusiasm for finance, technical standards, and value-added reporting. With a career spanning over a decade in managerial roles as an audit partner/director, Jeanine brings a wealth of experience in bookkeeping, accounting, taxation, payroll, and audit engagements across diverse industries.

Jeanine holds an Honours Bachelor of Accounting Science and Bachelor of Accounting Science from the University of South Africa (UNISA). She is recognized as a Competency Assessor, Registered Auditor, Chartered Accountant, and Professional Accountant. Her commitment to professional excellence is further demonstrated through her active participation on various institutional technical and educational boards, including the ICAN Accounting and Audit Standards Committee.

Throughout her career, Jeanine has navigated a wide array of industries including Property and Real Estate, Fishing, Legal Practitioners, Manufacturing, Transport, Freight, Shipping and Logistics, Health and Medical, Retail, Tourism and Leisure (Public Sector), Pharmaceutical, Mining, Property Development and Construction, Agriculture and Farming.

Currently, Jeanine serves as the Managing Audit Partner of PKF-FCS Auditors and Executive Director in Walvis Bay for PKF Financial Consulting Services (Pty) Ltd, Namibia. She also contributes her expertise to the governance of the Namibia Institute of Professional Accountants (NIPA), as an invited Board Member and serve on the Public Accountants and Auditors Board (PAAB) Educational Committee.

Ronel le Grange

Executive: Engineering & Technical Services

Ronel is a dedicated and experienced project management and business development professional with 21 years’ experience in the telecommunications industry in Namibia. She was responsible for various technological and commercial projects from the scoping and planning stages, to completion within specified time frames for both mobile operators in Namibia.

She is skilled in completing return on investment assessments, risk assessment, vendor negotiations, resource allocation and project implementation. Ronel is experienced in working with and leading cross-functional teams from technical, commercial and financial areas within young and established organizations.

Helene Vosloo

Executive: Economics & Market Development

Helene obtained a master in business administration (MBA) through the Edinburgh Business School, Heriot-Watt University in the united Kingdom. She also holds an Honors degree in Statistics from the university of the State, South Africa. Helene lectured at the university of the Free State Between 1991 and 1992 after which she joined the National Planning Commission, Central Bureau of Statistic in 1992. In 1995 she joined the Ministry of Agriculture in the Directorate of planning, from where she moved to the electricity control board until she joined CRAN in 2012 as Head Economic Sector Research.

Tanswell Davies

Executive: Governance, Risk & Compliance Management

Tanswell obtained a Baccalaureus Juris Degree (December 2005) and a Bachelor of Law Degree (December 2007) through the University of Namibia and he is currently studying towards a Master in ICT Policy and Regulation Degree through the University of Witwatersrand in Johannesburg. He attended the School of Oriental and African Studies at the University of London from November 2005 to February 2006, where he completed a special program of study that focused on a legal system of Africa and Asia. Tanswell served as a member of the Namibia Rugby Union Disciplinary Committee in 2012.

He currently serves as a member of the Criminal Litigation Committee and as the Chairperson of the Bursaries and Sponsorship Committee of the Namibia Law Society. He lectured at the University of Namibia in the Law Faculty of the LLB Program on a part time basis from 2010 to 2013. He was admitted as a Legal Practitioner to the High Court in April 2009 and practiced for 4 years as a Legal Practitioner at BD Basson Legal Practitioners. In 2012, he joined PWC Auditing firm as Manager of Indirect Tax, a position he held until December 2012. He was appointed as a Legal Advisor for CRAN in 2013 to January 2015; in February 2015 he was appointed as Company Secretary for CRAN.

Lucrezia Henckert-Louw

Executive: Human Capital

Lucrezia Henckert-Louw is a seasoned Human Capital Practitioner and holds a National Diploma in Human Capital and a Bachelor of Technology degree in Human Resource from the Polytechnic of Namibia. She also holds a Senior Management Development Program qualification, which she obtained through the University of Stellenbosch Business School in the Republic of South Africa. Before joining CRAN in 2012, Lucrezia was employed by the International Training & Education Center on Health (I-TECH), where she served as a Senior Manager: Human Resources. Other previous employers include the polytechnic of Namibia where she was employed for ten years.

Lucrezia is passionate about the field of Human Resources and in establishing CRAN as an employer of choice. Her conviction that Human Resources should be an advocate for employees drives her on-going effects to strengthen CRAN’s HR department to ensure all employees are treated fairly and equally, and that needs of the business are balanced with the needs of the employees. “employees of choice are those companies that receive recognition for the way they treat employees; they are the companies for whom people want to work. Becoming an employer of choice means that Human Resources balances recruiting the most qualified applicants, selecting the most suitable candidates and retaining the most talented employees,” she states.

Elton Witbooi

Executive: Cybersecurity and ICT

Elton Witbooi holds a Diploma in Business Computing; Honours Degree in Software Engineering; Bachelor’s Degree in Administration; and a Master’s Degree in Business Administration. He served in various ICT capacities in numerous public and private sector organisations, before joining CRAN on 1 February 2023 as the Executive: Cyber Security and ICT.

Mufaro Nesongano

Executive: Communication & Consumer Relations

With over 20 years of experience in broadcasting, communication, public relations, and brand management, Mr. Mufaro Nesongano has successfully led various teams in the execution of communication and stakeholder management strategies across both the private and public sector within the realms of academia, tourism and quite recently, the insurance industry.

He holds a Master’s degree in Journalism and Media Technology, an Honours degree in Journalism and Communication, and a Bachelor’s degree in Journalism and Communication. Additionally, he has a certificate in Digital Transformation Strategy and Executive & Management Coaching.

Emilia Nghikembua

Chief Executive Officer

Emilia Nghikembua is the Chief Executive Officer of the Communications Regulatory Authority of Namibia (CRAN). She is the holder of a Baccalaureus Juris, Bachelor of Law and Master of Law (cum laude) degrees from the University of Namibia, respectively. Emilia also holds a Master of Arts in Information and Communications Technology; Policy and Regulation obtained from the University of the Witwatersrand and an Executive Master of Business Administration with majors in business and technology. She is an admitted legal practitioner of the High Court of Namibia.

Emilia was ranked among the top 100 African economic leaders by Institute Choiseul in 2022. The ranking identified her as among the 100 Africans under the age of 40 years, expected to play a major role in the continent’s economic development soon. In 2023, Emilia was honoured by the Windhoek Observer as one of 50 Namibians of Merit under the corporate leadership segment. Emilia is passionate about uplifting people.

Maria Moses

Executive: Finance & Administration

Maria has over 20 years of experience in the finance/accounting field, and has served as an Auditing Officer, Management Accountant, Manager: Management Accounting, and Director: Administration Services for various public and private sector organisations in the pension fund industry, ICT regulator, road sector and mining and energy sector.

Maria holds a Master of International Business, Bachelor of Technology in Accounting & Finance, National Diploma in Accounting, Certificate in Business Accounting, Certificate in Telecommunications Policy, Regulation and Management (TPRM), Certificate in Project Management and Certificate in Management Development Programme (MDP).