Namibia

Criminal Procedure Act, 2004

CHAPTER 29
WITNESSES

Privilege from disclosure on ground of public policy or public interest

227. Except as provided by this Act and subject to any other law, no witness in criminal proceedings is compellable or permitted to give evidence as to any fact, matter or thing or as to any communication made to or by that witness, if that witness would in terms of the law in force immediately before 21 March 1990 not have been compellable or permitted to give evidence with regard to such fact, matter or thing or communication by reason that it should not, on account of public policy or having regard to public interest, be disclosed, and that it is privileged from disclosure, but a person may in criminal proceedings adduce evidence of any communication alleging the commission of an offence, if the making of that communication prima facie constitutes an offence, and the judge or magistrate presiding at the criminal proceedings may determine whether the making of such communication prima facie does or does not constitute an offence.

Keywords

Protection of national security



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