Crimes against Dignity,

Reputation and Freedom

of Movement
 Why criminalizing such
acts?
• Art. 8 = i) right to human dignity;
ii) human dignity is inviolable
iii) human dignity non-derogable right
(art. 24(3))
• Art. 21 (10)(g)= freedom of movement
 Crimes to be covered:

1.Crimen iniuria
2.Criminal defamation
3.Kidnapping
 Crimen iniuria v criminal
defamation

• Distinct/different crimes
• Dignity and privacy = different concepts or
interest
• ? Interests protected → crimen iniuria?
• Example?
• ? Interests protected → criminal defamation ?
• Example?
 Crimen iniuria v criminal
defamation (continues)
Crimen iniuria Criminal Defamation

i) What is punished? Violation of the dignity Violation of the good

(IP?) or privacy of another name or reputation
(DP) of another (GRN)

ii) Parties Involve 1.The wrongdoer (X) 1. The person who

2. The complainant (Y) makes the
defamatory
statement (DS) = X
2. The complainant (Y)
3. The third-party (one
or more people) to
whose knowledge
the DS must come
to.
 1. Crimen iniuria
Elements are:
i. The infringement
ii. of another’s dignity or privacy
iii. which is serious
iv.unlawfulness
v. intentional
 Activity I

Bert is a university library assistant who meets Maxine, a student, in

the course of her use of the library on a daily basis. Having invited
her out for dinner on many occasions without success, Bert
proceeds to call Maxine at least four times every night. Sometimes
he would say nothing, other times he would be abusive. Soon
Maxine notices Bert taking photographs of her at the supermarket
and various other places. Maxine confronts Bert and asks him to
leave her alone. Bert replies that he loves her and will not rest until
she agrees to become his. Maxine becomes depressed. She
becomes apprehensive about studying in the library and fearful of
personal violence whenever she is alone. A consultant psychiatrist
diagnoses her as suffering from a severe depressive illness.
Discuss.
 Case Study I
No wonder he cant get that new Job.

Johnny Be Good had been applying for all of the programming, internet,
and web oriented jobs he could find. He had 8 years of experience
was a degree from a reputable university, had great references, and
was a very nice guy. But no one would hire him! After being rejected
for a Job at a large department store in the electronics department
and not getting hired, he was so baffled he actually called the store
manager several times begging for the real reason why. Finally the
truth comes to surface, he was not hired because of the "negative
public lifestyle" he lived, which was discovered by simply searching
his name on Google.

Mike immediately started researching online and found that his Ex-Lover
had went far out of her way to tell a few false stories about Mike on
dozens of public chat forums. She would tell how he used drugs, sold
drugs, liked kinky sex, liked to hit her, abused her, made her do bad
things, and made a living as a thug and criminal. These online posts
were all false lies and pure slander and defamation of character.
 Infringement of PIs
• Two elements = 1.subjective element
2. objective elements
1.subjective element (infringement of dignity):
Y must be (a) aware of X’s offending
behavior and (b) feel degraded or
humiliated
Exception: i). Young children
ii). Mentally ill persons
 Infringement of PIs
(continue)
subjective element (invasion of
privacy):
Rule: need Not to establish whether Y
was aware
2. Objective element
Rule/test: whether conduct would
offend feelings of a reasonable
person
 Criminal defamation
Shailemo wins defamation case against Nghaamwa

The defamation case brought by the RDP’s Oshikoto Chairman Ismael Shailemo
against Ohangwena Governor Usko Nghaamwa, was settled in Shailemo’s favour in
the High Court this week.

The charge of defamation arose from statements made by Nghaamwa at a Swapo

Party rally at Onanghulo village, in the Ohangwena Region, on December 10 2007.

At the event, Nghaamwa publicly alleged that Shailemo, as chairman of the Mangetti
Farmers Association, was a criminal who had cheated Mangetti farmers by selling
their cattle in the Democratic Republic of Congo, and then refused to pay the
farmers.

Shailemo brought a N$500 000 defamation action against Nghaamwa over the
utterances.

The High Court has awarded Shailemo an undisclosed amount, which is currently
being worked out between lawyers.
By: The Namibian, OSWALD SHIVUTE, 19.06.09
 Elements
1. the publication
2. of a defamatory allegation concerning another
which is
3. serious and which is
4. unlawful and
5. intentional
 Defences
1. TRUTH (OR JUSTIFICATION) and
it’s a MATTER OF PUBLIC
INTEREST
2. FAIR COMMENT
3. PRIVILEGE
 Kidnapping
• Self study!!!!!