Namibia’s Slow Reform Path and the Weight of Old Statutes

Namibia’s primary legislation remains the Abuse of Dependence-Producing Substances and Rehabilitation Centres Act 41 of 1971 — an apartheid-era statute inherited at independence. Cannabis production, use and trade are prohibited. Despite public submissions from civil-society groups (including Rastafari and medical-cannabis associations) calling for reform, and despite regional movement all around it, Namibia has not yet enacted a modern medical or industrial cannabis framework. Research proposals have surfaced and stalled. The country is frequently described as lagging its neighbours.

Link to South Africa

Namibia and South Africa share historical legal DNA. South Africa’s own pre-2018 regime drew from similar prohibitive roots; the Constitutional Court judgment and subsequent legislation marked a decisive break. Namibia has not yet made an equivalent break.

For South African observers, Namibia serves as a reminder of how long old statutes can persist and how important sustained advocacy, litigation and political will remain. It also highlights the regional opportunity cost: while Lesotho, Zimbabwe, Botswana and South Africa develop (uneven) regulated sectors, Namibia’s continued prohibition limits both domestic opportunity and potential regional value-chain collaboration. Civil-society pressure inside Namibia and demonstration effects from across the Orange River will continue to matter.