Republic of Namibia
5
Annotated Statutes
Protection of Information Act 84 of 1982 (RSA)
(iii)
which has been entrusted in confidence to him by any person holding office
under the Government;
(iv)
which he has obtained or to which he has had access by virtue of his position
as a person who holds or has held office under the Government, or as a
person who holds or has held a contract made on behalf of the Government,
or a contract the performance of which takes place entirely or partly in a
prohibited place, or as a person who is or has been employed under a person
who holds or has held such office or contract, and the secrecy of which
document, model, article or information he knows or reasonably should
know to be required by the security or the other interests of the Republic; or
(v)
of which he obtained possession in any manner and which document, model,
article or information he knows or reasonably should know has been
obtained by any other person in any of the ways referred to in paragraph (iii)
or (iv) and the unauthorized disclosure of such document, model, article or
information by such other person he knows or reasonably should know will
be an offence under this Act,
and who (aa)
discloses such code, password, document, model, article or information to any
person other than a person to whom he is authorized to disclose it or to whom it
may lawfully be disclosed or to whom, in the interests of the Republic, it is his duty
to disclose it;
(bb) publishes or uses such code, password, document, model, article or information in
any manner or for any purpose which is prejudicial to the security or interests of
the Republic;
(cc)
retains such code, password, document, model, article or information when he has
no right to retain it or when it is contrary to his duty to retain it, or neglects or fails
to comply with any directions issued by lawful authority with regard to the return
or disposal thereof; or
(dd) neglects or fails to take proper care of such code, password, document, model,
article or information, or so to conduct himself as not to endanger the safety
thereof,
shall be guilty of an offence and liable on conviction to a fine not exceeding R10 000 or to
imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment,
or, if it is proved that the publication or disclosure of such secret official code or password or of
such document, model, article or information took place for the purpose of its being disclosed to
a foreign State or to a hostile organization, to the penalty prescribed in section 2.
(2) Any person who receives any secret official code or password or any document,
model, article or information, knowing or having reasonable grounds to believe, at the time
when he receives it, that such code, password, document, model, article or information is being
disclosed to him in contravention of the provisions of this Act, shall, unless he proves that the
disclosure thereof to him was against his wish, be guilty of an offence and liable on conviction
to a fine not exceeding R10 000 or to imprisonment for a period not exceeding 10 years or to
both such fine and such imprisonment.
Prohibition of certain acts prejudicial to security or interests of Republic