Gay Travel Advisory

Namibia

Combating of Immoral Practices Act of 1980

Sources
  1. Text of the law is available at: http://www.lac.org.na/laws/annoSWA/CRIMINAL%20LAW%20AND%20PROCEDURE%20(1980)%20-%20Combating%20of%20Immoral%20Practices%20Act%2021%20of%201980%20(annotated).pdf

Legal Code Text

Section 8 – “Any person who in public commits any immoral act with another person shall be guilty of an offence and liable on conviction to a fine not exceeding three thousand rand or to imprisonment for a period not exceeding three years or to both such fine and such imprisonment.”

ILGA Analysis & Notes

Sodomy remains a crime in Namibia according to the Roman-Dutch common-law, which was imposed by the South Africans. Common-law is a legal tradition based mainly on precedent court verdicts, while there is no codified sodomy provision in Namibia.

Sources
  1. See Submission in the UPR review of Namibia at: http://lib.ohchr.org/HRBodies/UPR/Documents/Session10/NA/JS1_JointSubmission-eng.pdf .

Continues to criminalise 'sodomy' via inherited Roman-Dutch common law (Criminal Procedure Act 25, 2004, Art. 299). A constitutional challenge filed by Friedel Dausab was heard by the Windhoek High Court in 2023; judgment was reserved until 17 May 2024 (after report cutoff).