Republic of Namibia
8
Annotated Statutes
Protection of Information Act 84 of 1982 (RSA)
it shall, unless the contrary is proved, be presumed that the document, model, article or
information referred to in section 3 has been prepared, compiled, made, obtained or received, or
the secret official code or password or the model, article, document or information referred to in
section 4(1) has been published or disclosed, as the case may be, for purposes of the disclosure
thereof to a foreign State or to a hostile organization.
(2)
For the purposes of subsection (1) -
(a)
a person shall, unless he proves the contrary, be presumed to have been in
communication with an agent if -
(b)
(i)
he has, in the Republic or elsewhere, visited the address of an agent or
associated with an agent; or
(ii)
in the Republic or elsewhere, the name or address of or any other
information regarding an agent has been found in his possession or under his
control, or has been supplied by him to any other person or has been
obtained by him from any other person;
any address, in the Republic or elsewhere, reasonably suspected to be an address
used for the receipt of communications intended for an agent, or at which an agent
resides, or to which he resorts for the purpose of giving or receiving
communications, or at which he carries on any business, shall be deemed to be the
address of an agent, and any person who addresses communications to such
address shall be deemed to have been in communication with an agent.
Proof that certain information may directly or indirectly be of use to foreign State or
hostile organization
9.
If in any prosecution against any person for an offence under section 3 it is proved
that he is an agent or that he is or has been or is reasonably suspected of being or having been
directly or indirectly used by or on behalf of any foreign or international body or institution or
that he has entered or is within the Republic in contravention of any law and that he has
prepared, compiled, made, obtained or received any document, model, article or information
other than that referred to in section 3(a), or any document, model, article or information
relating to a place, article or matter other than that referred to in section 3(b)(i) or (ii), it shall,
unless the contrary is proved, be presumed that such document, model, article or information
may directly or indirectly be of use to a foreign State or a hostile organization.
Proof of purpose prejudicial to security or interests of Republic
10. (1) In any prosecution under this Act upon a charge of committing an act for a
purpose prejudicial to the security or interests of the Republic, it shall, if, from the
circumstances of the case or the conduct of the accused, it appears that his purpose was a
purpose prejudicial to the security or interests of the Republic, be presumed, unless the contrary
is proved, that the purpose for which that act has been committed, is a purpose prejudicial to the
security or interests of the Republic.
(2) If in any prosecution under this Act upon a charge of publishing or disclosing any
secret official code or password or any document, model, article or information for a purpose
prejudicial to the security or interests of the Republic, it is proved that it was published or
disclosed by any person other than a person acting under lawful authority, or by an agent or by a
person who is or has been or is reasonably suspected of being or having been directly or
indirectly used by any foreign or international body or institution or who has entered or is within