109559
109559

NBC drops lawsuit against media ombudsman

NBC to pay costs of defendants
The Media Complaints Committee confirmed that the media ombudsman had duly recused himself from the matter.
Jemima Beukes
The Namibia Broadcasting Corporation (NBC) has withdrawn its High Court case against media ombudsman John Nakuta.

The broadcaster had dragged Nakuta to court, alleging that he had been involved in deciding the merits of a complaint made by activists Rinaani Musutua and Rob Parker of the Economic Social Justice Trust, despite his involvement in the trust.

Through their lawyers, Shikale and Associates, NBC informed the High Court that it had decided to withdraw its legal action against Nakuta.

"Take notice that the applicant herewith withdraws its action against the respondents. Kindly take further notice that the applicant herewith tenders the Media Ombudsman, Editors Forum of Namibia, the Media Complaints Committee, the Media Appeals Committee, Rinaani, and Parkers’ taxed costs."

Norman Tjombe, who represented the defendants, said the legal fees should amount to roughly N$50 000 – but a bill of costs still has to be completed, which will then be assessed by the Registrar of the Court to see if it’s reasonable.

Merits of case

In court papers, NBC argued that Nakuta was "heavily conflicted" and had only excused himself from the adjudication process after he had already involved himself by accepting the activists' complaint on the basis that it merited to be heard.

Rinaani and Parker accused NBC of breaching the media code of ethics when it aired a ‘Talk of the Nation’ programme to discuss the activities of Canadian oil company ReconAfrica in the Kavango regions.

In an answering affidavit submitted to court, Nakuta denied having made a finding on the validity of the duo's complaint.

He stated that he had instead referred the matter to the Media Complaints Committee, specifically to prevent any potential conflict of interest or bias.

"I did not participate in the deliberations of the Media Complaints Committee or otherwise. Further, I did not and do not constitute the Media Complaints Committee. The Media Complaints Committee is a standing committee of the Editor’s Forum of Namibia (EFN) and was appointed by the EFN at its annual general meeting. I could not have made the finding on the merits or otherwise of the complaint. I recused myself from the process," Nakuta stated.

No involvement

He said he had referred the matter to the Media Complaints Committee and said NBC’s accusations that he had made a finding that the complaint had merit were illogical.

Meanwhile, Jamunondeuzu Tjivikua, the chairperson of the Media Complaints Committee, echoed Nakuta's statement that the Media Ombudsman did not constitute the committee and has duly recused himself.

"Nakuta was not involved in any of the deliberations of the committee, other than explaining his conflicted position prior to the hearing of 19 May 2022, and when I invited him to explain the issue regarding the poster inviting the public. It is therefore impossible for Nakuta to have made a decision regarding the merits or otherwise of the complaint," he said.

[email protected]

Comments

Namibian Sun 2024-07-07

No comments have been left on this article

Please login to leave a comment

Currie Cup: DHL Western Province 25 vs 30 Vodacom Blue Bulls | Toyota Cheetahs XV 82 vs 20 NovaVit Griffons | Cell C Sharks XV 25 vs 26 Fidelity ADT Lions | Suzuki Griquas 24 vs 44 Airlink Pumas Rugby World Cup U20: Australia U20 12 vs 17 Italy U20 | South Africa U20 12 vs 31 Argentina U20 | England U20 48 vs 11 Fiji U20 | France U20 26 vs 27 New Zealand U20 | Wales U20 31 vs 10 Spain U20 | Ireland U20 22 vs 16 Georgia U20 F1: Great Britain GP First:Lewis Hamilton Mercedes 01:22:27 Second:Max Verstappen Red Bull + 00:00:01.465 Third:Lando Norris McLaren + 00:00:07.547 #N/A Currency: GBP to NAD 23.23 | EUR to NAD 19.68 | CNY to NAD 2.5 | USD to NAD 18.16 | DZD to NAD 0.13 | AOA to NAD 0.02 | BWP to NAD 1.29 | EGP to NAD 0.37 | KES to NAD 0.14 | NGN to NAD 0.01 | ZMW to NAD 0.73 | ZWL to NAD 0.04 | BRL to NAD 3.32 | RUB to NAD 0.21 | INR to NAD 0.22 | USD to DZD 134.16 | USD to AOA 871.26 | USD to BWP 13.56 | USD to EGP 48 | USD to KES 127.98 | USD to NGN 1515.35 | USD to ZAR 18.23 | USD to ZMW 24.45 | USD to ZWL 321 | Stock Exchange: JSE All Share Index Same 0 | Namibian Stock Exchange (NSX) Overall Index 1791.53 Down -0.7% | Casablanca Stock Exchange (CSE) MASI 13367.73 Up +0.54% | Egyptian Exchange (EGX) 30 Index 28364.79 Up +0.72% | Botswana Stock Exchange (BSE) DCI 9380.4 Same 0 | NSX: MTC 7.75 SAME | Anirep 8.99 SAME | Capricorn Investment group 17.34 SAME | FirstRand Namibia Ltd 49 DOWN 0.50% | Letshego Holdings (Namibia) Ltd 4.1 UP 2.50% | Namibia Asset Management Ltd 0.7 SAME | Namibia Breweries Ltd 31.49 UP 0.03% | Nictus Holdings - Nam 2.22 SAME | Oryx Properties Ltd 12.1 UP 1.70% | Paratus Namibia Holdings 11.99 SAME | SBN Holdings 8.45 SAME | Trustco Group Holdings Ltd 0.48 SAME | B2Gold Corporation 47.34 DOWN 1.50% | Local Index closed 677.62 UP 0.12% | Overall Index closed 1534.6 DOWN 0.05% | Osino Resources Corp 19.47 DOWN 2.41% | Commodities: Gold US$ 2 391.62/OZ UP +1.48% | Copper US$ 4.67/lb UP +2.36% | Zinc US$ 3 017.00/T UP 0.01% | Brent Crude Oil US$ 87.46/BBP DOWN -0.0079 | Platinum US$ 1 027.76/OZ UP +2.82% #N/A