NAMIBIA UNIVERSITY OF SCIENCE AND TECHNOLOGY

FIRST-OPPORTUNITY EXAMINATION

CURRICULUM: HUMAN SCIENCES

DEPARTMENT: COMMUNICATION

SUBJECT: MEDIA LAW 1°' OPPORTUNITY

SUBJECT CODE: MDL611S

DATE: JUNE 2016

DURATION: 3 HOURS MARKS: 100

INSTRUCTIONS Read all questions carefully. Answer ALL questions, i.e. both sections A & B

Please adhere to rules of spelling and grammar. Good luck! ~

h

This examination paper consists of 3 pages (Excluding this front page)

NB. STUDENTS ARE PERMITTED TO BRING A COPY OF THE NAMIBIAN CONSTITUTION INTO THE EXAMINATION VENUE.

LECTURER: MSS M HANEKOM & E BROWN

MODERATOR: MS UNOMENGI KAUAPIRURA

SECTION A

QUESTION ONE

Briefly answer the following questions:

1.1 Explain the term “jurisdiction”. (3)

1.2 What is a summons? (2)

1.3. What is the main difference between Magistrate’s Courts and Regional Courts? (2)

1.4 Whatis the originating source of Namibian law? (1)

1.5. Whyis copyright protected? (2)

[10]

QUESTION TWO

“If the law is enforced, justice will prevail”

Discuss the above statement in detail, providing your substantiated opinion as to whether it is correct or

not.

In your answer you should refer to the following aspects:

e the difference (if any) between law and justice

e the distinction between substantive law and procedural law

¢ the provisions of the Namibian Constitution

e the laws of natural justice

[15]

QUESTION THREE

As a media practitioner, which steps would you take to avoid the risk of being sued for defamation?

[10]

QUESTION FOUR CONTINUES ON THE FOLLOWING PAGE

QUESTION FOUR

On 1 January 2016 Mr. Katamila, an Oshiwambo man who could not speak English, was arrested for

being in possession of a stolen vehicle. Sergeant Dumbo, who could only speak English, was the police

officer who made the arrest. Sergeant Dumbo explained the reason for the arrest to Mr. Katamila (in

English) and took him to the Windhoek Police Station, where he was kept in a holding cell. The cell was

without any form of sanitation facilities as these facilities had been demolished by previous prisoners.

Further, in order to obtain a confession from him, Mr Katamila was given no food for two days

whereupon he signed a confession that he had stolen the vehicle. Mr Katamila was brought before the

Magistrates’ court on 10 January 2016 and the date for his trial was set for 1 of June 2016. At the trial

Mr. Katamila pleaded not guilty. However, Sergeant Dumbo handed in the signed confession,

whereupon the magistrate found Mr. Katamila guilty and sentenced him to 4 years imprisonment.

Were any of Mr Katamila’s constitutional rights infringed? Motivate your answer with reference to the

facts and the precise Articles of the Namibian constitution.

NOTE: MARKS WILL BE DEDUCTED FOR IRRELEVANT REFERENCES TO THE NAMIBIAN CONSTITUTION.

[15]

TOTAL FOR SECTION A: 50 MARKS

SECTION B

MEDIA LAW (MDL611S)

FIRST-OPPORTUNITY EXAMINATION: JUNE 2016

QUESTION 1

In the revised Code of Ethics for the Namibian Media (Schedule 1) (2014),

the ethical principles include ‘General Reporting’. Identify and discuss the

components that comprise ‘General Reporting’. Please make reference to

relevant examples to support your answer. [20]

QUESTION 2

The objectification of women in advertisements featured in the media of

Southern Africa speaks to the absence of gender policies in media houses

that ought to impact positively on the types of commercial messages to be

featured in the local media. With this statement in mind, discuss the key

findings of the 2006 Study by Gender Links titled “The Mirror on the Media

Series”. Refer to relevant examples from the Namibian media to support your

answer. [15]

QUESTION 3

Journalists who experienced the court-reporting beat would have realised

the need for discipline and accuracy in terms of information gathering.

Discuss the following phases of court reporting which serve to inform

journalists covering this beat for the first time:

(i) Investigation (5)

(ii) Trial (3)

(iii) | Results (7) [15]

Sub-Total (50)

TOTAL {100}

MDL611S 1st Opp. Exam June 2016 Section B

o NAMIBIA UNIVERSITY OF SCIENCE AND TECHNOLOGY

Faculty Name

Department Name

QUALIFICATION: BACHELOR OF COMMUNICATION

QUALIFICATION CODE: 07BACO LEVEL: 7

COURSE: RHETORICAL THEORY AND CRITICISM COURSE CODE: RTC 6115S

SESSION: JUNE 2016 PAPER: THEORY DURATION: 3 HOURS MARKS: 75

FIRST OPPORTUNITY EXAMINATION QUESTION PAPER

EXAMINER(S) Dr. Rewai Makamani and Ms. Wanja Njunguna

MODERATOR: Mr. Max Mhene

THIS QUESTION PAPER CONSISTS OF 2 PAGES

(Excluding this front page)

INSTRUCTIONS

1. Answer Three questions only.

2. Write clearly and neatly.

3. Number the answers clearly.

PERMISSIBLE MATERIALS

1. Examination paper.

2. Examination script.

Answer any THREE questions.

Question 1 25 marks

Explain how Plato, Aristotle and Cicero’s theories of rhetoric represent the essence of Western rhetoric.

Question 2 25 marks

Define an argument and discuss any five (5) models of arguments and show how they apply to Namibia.

Question 3 25 marks

Carefully study Jomo Kenyata’s speech below and attempt a rhetorical criticism of it.

Modern History Sourcebook:

Jomo Kenyatta:

The Kenya Africa Union is Not the Mau Mau, 1952

Speech at the Kenya African Union Meeting at Nyeri, July 26, 1952

... |want you to know the purpose of K.A.U. It is the biggest purpose the African has. It

involves every African in Kenya and it is their mouthpiece which asks for freedom. K.A.U. is you and you are the K.A.U. If we unite now, each and every one of us, and

each tribe to another, we will cause the implementation in this country of that which the

European calls democracy. True democracy has no colour distinction. It does not choose between black and white. We are here in this tremendous gathering under the K.A.U. flag to find which road leads us from darkness into democracy. In order to find it, we Africans must first achieve the right to elect our own representatives. That is surely

the first principle of democracy. We are the only race in Kenya which does not elect its own representatives in the Legislature and we are going to set about to rectify this

situation. We feel we are dominated by a handful of others who refuse to be just. God said this is our land. Land in which we are to flourish as a people. We are not worried

that other races are here with us in our country, but we insist that we are the leaders

here, and what we want we insist we get. We want our cattle to get fat on our land so that our children grow up in prosperity; we do not want that fat removed to feed others.

He who has ears should now hear that K.A.U. claims this land as its own gift from God and | wish those who are black, white or brown at this meeting to know this. K.A.U.

speaks in daylight. He who calls us the Mau Mau is not truthful. We do not know this

thing Mau Mau. We want to prosper as a nation, and as a nation we demand equality, that is equal pay for equal work. Whether it is a chief, headman or labourer he needs in these days increased salary. He needs a Salary that compares with a salary of a_

European who does equal work. We will never get our freedom unless we succeed in this issue. We do not want equal pay for equal work tomorrow-we want it right now.

Those who profess to be just must realize that this is the foundation of justice. It has

never been known in history that a country prospers without equality. We despise bribery and corruption, those two words that the European repeatedly refers to. Bribery

and corruption are prevalent in this country, but | am not surprised. As long as people are held down, corruption is sure to rise and the only answer to this is a policy of

equality. If we work together as one, we must succeed.

Our country today is in a bad state for its land is full of fools-and fools in a country delay the independence of its people. K.A.U. seeks to remedy this situation and | tell you now

it despises thieving, robbery and murder for these practices ruin our country. | say this because if one man steals, or two men steal, there are people sitting close by lapping

up information, who say the whole tribe is bad because a theft has been committed. Those people are wrecking our chances of advancement. They will prevent us from getting freedom. If | have my own way, let me tell you | would butcher the criminal, and

there are more criminals than one in more senses than one. The policemen must arrest

an offender, a man who is purely an offender, but must not go about picking up people with a small horn of liquor in their hands and march them in procession with his fellow policemen to Government and say he has got a Mau Mau amongst the Kikuyu people.

The plain clothes man who hides in the hedges must, | demand, get the truth of our words before he flies to Government to present them with false information. | ask this of them who are in the meeting to take heed of my words and do their work properly and

justly....

... Do not be scared of the few policemen under those trees who are holding their rifles high in the air for you to see. Their job is to seize criminals, and we shall save them a

duty today. | will never ask you to be subversive but | ask you to be united, for the day

of Independence is the day of complete unity and if we unite completely tomorrow, our independence will come tomorrow. This is the day for you to work hard for your country. It is not words but deeds that count and the deeds | ask for to come from your pockets.

The biggest subscribers to K.A.U. are in this order. First, Thomson's Falls branch, second, Elburgon branch and third Gatundu branch. Do you, in Nyeri branch, want to

beat them? Then let us see your deeds come forth.

| want to touch on a number of points, and | ask you for the hundredth time to keep quiet whilst | do this. We want self-government, but this we will never get if we drink

beer. It is harming our country and making people fools and encouraging crime. It is also taking all our money. Prosperity is a prerequisite for independence and, more

importantly, the beer we are drinking is harmful to our birthrate. You sleep with a woman for nothing if you drink beer. It causes your bones to weaken and if you want to increase the population of the Kikuyu you must stop drinking.

...K.A.U. is not a fighting union that uses fists and weapons. If any of you here thinks that force is good, | do not agree with you: remember the old saying that he who is hit with a rungu returns, but he who is but with justice never comes back. | do not want

people to accuse us falsely-that we steal and that we are Mau Mau. | pray to you that we join hands for freedom and freedom means abolishing criminality. Beer harms us

and those who drink it do us harm and they may be the so-called Wau Mau. Whatever

grievances we have, let us air them here in the open. The criminal does not want ___________ freedom-and_land-he_wants to_line_his-own_pocket.Letus_therefore-demand-_ourrights

justly. The British Government has discussed the land problem in Kenya and we hope

to have a Royal Commission to this country to look into the land problem very shortly.

When this Royal Commission comes, let us show it that we are a good peaceful people

and not thieves and robbers.

http://www.fordham.edu/halsall/mod/1952kenyatta-kau1 .html

Question 4 25 marks

Examine Chaim Perelman’s theory of rhetoric and explain how it is used in Namibia.

End of examination