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The Editors Forum of Namibia (EFN) has ruled in favour of the Namibian Broadcasting Corporation (nbc) in an appeal case in which the Ovambanderu Traditional Council (OTC) accused the broadcaster of directing its Omurari FM presenters not to use the title of Ombara Otjitambi in reference to their chief, Aletha Nguvauva.
The OTC claimed that the decision infringed on their rights, including the freedom of expression and the right to self-identify per their customs.
In response, the nbc acknowledged the legal recognition of traditional titles by communities under the Traditional Authorities Act 25 of 2000.
The nbc however, argued that traditional titles for leaders not recognised by the Act could interfere with the duties and status of officially recognised traditional leaders.
The nbc further argued that it adhered to its internal Style Guide and Editorial Policies to maintain consistency and accuracy in its broadcasts.
The EFN took into consideration Section 1 of the Traditional Authorities Act, which allows traditional communities to address leaders by their traditional title. The Act does not preclude members from using traditional titles, but it also does not mandate their use by others.
The EFN found that the OTC did not provide any physical evidence, such as written instructions or recordings, to confirm the allegations of censorship.
The EFN therefore found that a traditional authority and its leaders may exist under any title they prefer. However, this does not obligate others to address such leaders by their preferred titles.
If the nbc’s Style Guide and Editorial Policy comply with Namibian laws, it can direct its employees' actions and decisions, the EFN said.