To: Ministry of Justice and Labour Relations,

Subject: High Priority - Amendment to Abuse of Dependence-Producing Substances and Rehabilitation Centres Act 41 of 1971 (“the Impugned Act”), and the Medicines and Related Substances Act 101 of 1965 (“the Medicines Act”).

Priority: High

Dear Ministry of Justice,

We respectfully submit this proposal for consideration to request a comprehensive revision of the Impugned Act, which remains unamended since 1971 despite the safety of cannabis, in comparison to legal substances. This law violates the Namibian constitution and is not in line with International Human Rights Conventions. Herewith a brief statement to further motivate this request:

1.     The Impugned Act was found Unconstitutional in the High Court of South Africa The Cannabis for Private Purposes Act (CfPPA) removed cannabis from the country's list of outlawed narcotics, meaning adults are now free to grow and consume the plant (except in the presence of children) and those who broke the law by such deeds had their records wiped clean.

2.     Violation of Article 12 of the Namibian Constitution by the Impugned Act, Section 10.(1)

“(a) If in any prosecution for an offence under section 2 it is proved that the accused was found in possession of –

(i) dagga exceeding 115 grams in mass it shall be presumed that the accused dealt in such dagga or drugs, unless the contrary is proved.

(b) If in any prosecution for an offence under section 2(a) it is proved that the accused was the owner, occupier, manager or person in charge of cultivated land on a date on which dagga plants were found on such land, of the existence of which plants the accused was aware or could reasonably be expected to have been aware, it shall be presumed that the accused dealt in such dagga plants, unless the contrary is proved.” Presumption of guilt without a fair trial violates Article 12(1)(d) of the Namibian Constitution, “All persons charged with an offence shall be presumed innocent until proven guilty according to law.”

3.     Violation of Article 13 of the Namibian Constitution by the Impugned Act, Section 11.

(1) “If any police officer suspects upon reasonable grounds any dependence producing drug or plant from which such drug may be manufactured, to be on or in a place, vessel, vehicle or aircraft, and that a contravention of this Act is being or has been committed by means or in respect of such drug or plant, such police officer may at any time without a warrant enter and search such place, vessel, vehicle or aircraft and seize such drug or plant, or may search and interrogate any person whom he may find on or in such place, vessel, vehicle or aircraft with a view to obtaining from such person information concerning the presence of any dependence-producing drug or such plant or the cultivation of such plant on or in that place or elsewhere.” Conducting a search without a search warrant is a violation of Article 13 (2)(a) of the Namibian Constitution,

“(2) Searches of the person or the homes of individuals shall only be justified:

(a)   where these are authorised by a competent judicial officer.”

4. Cruel, Inhuman, or Degrading Treatment or Loss of Life due to Enforcement Practices

The tragic death of Ellest "Speedy" Plaatje from Keetmanshoop, who witnesses reported was suffering an epileptic seizure while being detained by police for minor cannabis possession and beaten, which allegedly resulted in his death, highlights the lethal consequences of current enforcement practices. This violates Article 6 of the Namibian Constitution, “The right to life shall be respected and protected… …No executions shall take place in Namibia.” It violates Article 7 of the Namibian Constitution, “No persons shall be deprived of personal liberty except according to procedures by law” It violates Article 8, Section (2)(b) of the Namibian Constitution, “No persons shall be subject to torture or to cruel, inhuman or degrading treatment or punishment.” It violates of Article 7 of the International Covenant on Civil and Political Rights (ICCPR), “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment…” It violates Article 2.1 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), “Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.” It violates Article 5(b) of the ICERD, “The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution;”

5.     Racial Discrimination and Apartheid Era Legacy

The Impugned Act, which was enacted in Namibia in 1971, is a remnant of the Apartheid Era, which violates Article 23.(1) of the Namibian Constitution, “The practice of racial discrimination and the practice and ideology of apartheid from which the majority of the people of Namibia have suffered for so long shall be prohibited…” The Impugned Act violates Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), “…States Parties undertake to prohibit and to eliminate racial discrimination in all its forms.” UN General Assembly resolution 1514 (XV), also known as the Declaration on the Granting of Independence to Colonial Countries and Peoples, or the Declaration on Decolonization, proclaimed the necessity of bringing colonialism in all its forms and manifestations to a speedy and unconditional end.

On 23 June 2023, UN experts stated that “Globally, drug control has had massive costs for the dignity, humanity and freedom of people of African descent, with reports showing that people of African descent face disproportionate and unjust law enforcement interventions, arrests and incarceration for drug-related offences.

In various countries, the ‘war on drugs’ has been more effective as a system of racial control than as a tool to reduce drug markets. Policing interventions based on racial profiling remain widespread, whilst access to evidence-based treatment and harm reduction for people of African descent remains critically low.”

6.     Inconsistent Application of the Law Perpetuating Economic Discrimination

The Impugned Act, Section 2(a)-(d), prohibits the sale, possession, or use of any portion of the cannabis plant, including, “offering, advertising, possessing or exposing for sale…” This prevents the general public from accessing economic opportunities in industries such as agriculture, construction, textiles and many others, while some companies, such as Dischem Namibia Pty Ltd, Food Lover’s Market, Ohlthaver & List (O&L) Group, Pupkewitz Group of Companies, Shoprite Holdings Ltd and Wecke & Voigts Group, trade cannabis-derived products in their shops without facing legal consequences.

This is a violation of Article 10.(1) of the Namibian Constitution, “all persons shall be equal before the law.” and Part III, Article 26 of the ICCPR, “All persons are equal before the law and are entitled without any discrimination to the equal protection of the law.”

This practice also perpetuates economic discrimination by limiting access to viable and sustainable industries as per Part III, Article 6.1 of the Economic, Social and Cultural Rights (CESCR), “The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.”

7.     Freedom from Religious Discrimination Cannabis is considered a sacred religious sacrament in the Rastafari religion, therefore prohibiting the use of cannabis is a violation of Article 10.(2) of the Namibian Constitution, “No persons may be discriminated against on the grounds of sex, race, colour, ethnic origin, religion, creed or social or economic status.

8    . Right to Health Cannabis has been proven to have many therapeutic benefits Denying access to cannabis is a violation of Article 12.1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), “...the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.”

9.     Rights of Persons with Disabilities Denying persons with certain disabilities such as Autism Spectrum Disorder, Epilepsy, Multiple Sclerosis, Parkinson’s Disease, Post Traumatic Stress Disorder (PTSD) or Rheumatoid Arthritis access to cannabis is a violation of Article 25 of the Convention on the Rights of Persons with Disabilities (CRPD), "...persons with disabilities have the right to the enjoyment of the highest attainable standard of health..."

10. UN Rescheduling of Cannabis and Repeated Calls to End Global War on Drugs The United Nations Commission on Narcotic Drugs UNCND, removed cannabis and cannabis resin from Schedule IV of the Single Convention on Narcotic Drugs based on scientific assessments by the World Health Organization (WHO) in 2019.

On 24 June 2022, UN experts stated, "Data and experience accumulated by UN experts have shown that the 'war on drugs' undermines health and social wellbeing and wastes public resources while failing to eradicate the demand for illegal drugs and the illegal drug market."

On 23 June 2023, UN experts stated, “The international community must replace punishment with support and promote policies that respect, protect and fulfil the rights of all…”

On 5 December 2024, the UN High Commissioner for Human Rights, Volker Türk, stated that the decades-long “War on Drugs” approach has “failed, completely and utterly” and “destroyed countless lives and damaged entire communities… …Criminalisation and prohibition have failed to reduce drug use and 

failed to deter drug-related crime.

These policies are simply not working – and we are failing some of the most vulnerable groups in our societies”

On 27 April 2025, the UN High Commissioner for Human Rights, Volker Türk, stated "Harm reduction, guided by human rights, has a critical place in peaceful, just societies. In contrast, the so-called War on Drugs has destroyed countless lives and damaged entire societies... .

..Criminalization and prohibition have failed to reduce drug use and failed to deter drug-related crime.

These policies are simply not working. They are failing some of the most vulnerable groups in our societies. They are contributing to stigmatization and discrimination, particularly against Indigenous Peoples and people of African descent."

10. Costs of Cannabis Prohibition Cannot be Justified Brian Jaftha (prisoner ON-1-46008) received a two-year sentence for possessing N$2,000 worth of cannabis, costing the state N$36,000 to incarcerate him, excluding enforcement overheads. His N$160,000 vehicle was confiscated, a penalty not applied to assets used in violent crimes like rape or murder. With combined state and personal losses exceeding N$200,000, imprisoning Namibians for cannabis possession and dealing is not cost-effective. The International Journal of Drug Policy, reports legalizing cannabis for recreational use in Canada in 2018 has reduced the illegal cannabis market to 4% of the total: (https://www.sciencedirect.com/science/article/pii/S0955395925000921)

12. Disproportionate Health and Safety Risks and Harm Reduction Alcohol and tobacco are associated with severe psychological and physical harm, yet their use is permitted while cannabis possession incurs harsh penalties. Comparative risk analysis found alcohol is 114 times more lethal than cannabis, which is safer than of tobacco and all other illicit drugs: (https://pmc.ncbi.nlm.nih.gov/articles/PMC4311234/)

 Cannabis reduces cravings and improves recovery outcomes for people addicted to opioids and other harmful substances. It leads to better pain management, mental health and sleep quality: (https://www.news-medical.net/news/20250404/Medical-cannabis-may-help-reduce-cravings-and-improve-recovery-outcomes.aspx)

13. Urgent Need for Legal Reform and Social Justice Namibia has a duty under the ICESCR, ICCPR, ICERD, CAT, and CRPD to reform the Impugned Act to ensure the full enjoyment of human rights for all citizens. Until such reforms are implemented, the ongoing arrests for cannabis possession represent a violation of Namibia’s international obligations.

Considering Article 23, Section (2) of the Namibian Constitution which declares, “Nothing … shall prevent Parliament from enacting legislation providing directly or indirectly for the advancement of persons within Namibia who have been socially, economically or educationally disadvantaged by past discriminatory laws or practices, or for the implementation of policies and programmes aimed at redressing social, economic or educational imbalances in the Namibian society arising out of past discriminatory laws or practices….”, I respectfully request that Namibian government:

➢ Enact a provisional law halting all cannabis-related arrests and prosecutions pending a comprehensive revision of the Impugned Act and the Medicines Act.

➢ Remove all mention of cannabis and its compounds from the Impugned Act and the Medicines Act.

➢ Wipe all cannabis-related criminal convictions from all criminal records.

➢ Implement a social justice program to support those convicted of cannabis-related charges.

Thank you for your consideration.