An open letter to NBC

Recently, it has been announced over the Otjiherero Language Radio that if a person is designated by his traditional authority as Ombara (Chief) or Ombara Otjitambi (Paramount Chief) and is not recognised or so gazetted, the Otjiherero Radio will not announce it.The announcer gleefully and emphatically went to the extent of saying that if you know that you are going to mention or make a reference to such a person as Ombara, “don’t even bother to come to the Otjiherero Radio, I will not allow you; it is a policy of the NBC”.Such a policy, and policy it is and not a law, is preposterous, draconian and a flagrant violation of Ovaherero citizens’ rights in terms of Articles 18 and 19, which fall under the “untouchable” Chapter 3 of the Namibian Constitution, and also their right under Section 5 sub-section (b) (v), to which I shall now refer:First, Article 19 of the Namibian Constitution provides: “Every person shall be entitled to enjoy, practice, profess, maintain and promote any culture, language ... subject to the terms of this Constitution ....”In tandem with those rights created by Article 19, the Traditional Authorities Act 25 of 2000, Section 5, sub-section (b) (v) states:“The Chiefs Council shall apply on a prescribed form to the minister for approval to make such a designation, and the application shall state ... (v) the name, office and traditional title, if any, of the candidate to be designated as chief or head of the traditional community”.While the constitution creates a right for a person to enjoy and practice his culture, which obviously includes the use of traditional titles, as per the Act, Section 5 (b) (v), the policy of NBC, in my opinion, acted ultra vires when it prohibited the use of the traditional title of Ombara before such a designated person is recognised.Does it mean that you cannot even announce over the Otjiherero Radio to the Ovaherero community that Mr X has been designated by the Ovaherero Senate as Ombara Otjitambi until all the formalities or modalities have been performed – meaning waiting until a person is gazetted?What is it that the NBC will accept as an alternative or interim term that the Ovaherero should in the meantime to be told that So-and-So has been designated as... what? Not Ombara?And is this policy also applicable to the other languages’ radios that one, for example, cannot announce that So-and-So has been designated as a Hompa or Omukwanilwya before he/she is gazetted, as is the case with the Otjiherero Radio ‘policy’?Fairly and reasonably?Is that what Article 18 of the Namibian Constitution contemplated when it states: “Administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed upon such bodies and officials by common law and any relevant legislation...”?The ‘administrative officials’ in the NBC who made such an undemocratic, unequitable and obviously anti-Herero policy must know that Article 1 of the Namibian Constitution states that: “The republic of Namibia is ... founded upon the principles of democracy, the rule of law and justice for all”.The NBC policy prohibiting the reference and use of the title of Ombara or Ombara Otjitambi, both cultural and traditional titles, is contrary to what the constitution and the Act of Parliament have intended as rights to be enjoyed, professed, practiced and promoted by all Namibians, including Ovaherero citizens.I urge the honourable minister under which line-function the NBC resorts to have a serious look at such a policy and especially how it relates to the letter and spirit of the legal provisions I have referred to above. I rest my case.

An open letter to NBC

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Namibian Sun 2024-11-25

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An open letter to NBC

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Namibian Sun 2024-11-25

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