Namibia Cannabis Advocacy Group Advances Legalization Push After Court Filing

High Court Filing Targets Prohibition Statute

The constitutional challenge filed July 18 names the Minister of Health and Social Services and the Attorney General as respondents and argues that cannabis prohibition violates Articles 8 and 10 of the Namibian Constitution. The applicants—a coalition of individual users, traditional healers, and the Namibia Dagga Advocacy Network—assert that the current statutory regime criminalizes personal cultivation and possession without rational nexus to public health or safety.

The filing cites the Abuse of Dependence-Producing Substances and Rehabilitation Centres Act, Chapter 20 of the Laws of Namibia, which classifies cannabis as a Schedule 1 substance alongside heroin and methamphetamine. Under that framework, possession carries a maximum penalty of 20 years imprisonment and a N$200,000 fine. Arbitrary and disproportionate, say the applicants. They point to cannabis's pharmacological profile and widespread traditional use in Namibian communities.

Legislative Reform Effort Stalled in May Committee Hearing

The judicial route follows the collapse of a parliamentary decriminalization bill that failed to advance out of the National Assembly's Law Reform and Constitutional Affairs Committee in May 2026. That bill—sponsored by opposition MP Dr. Utoni Nujoma—proposed removing cannabis from Schedule 1 and creating a regulated adult-use framework modeled on South Africa's 2018 Constitutional Court precedent in Prince v. President of the Law Society of the Cape of Good Hope.

Committee chair Hon. Saara Kuugongelwa-Amadhila tabled the bill indefinitely after testimony from the Namibian Police Force and the Ministry of Health opposed reform on grounds of insufficient regulatory infrastructure. Minutes from the May 14 hearing indicate the Ministry cited lack of laboratory capacity for THC testing and absence of impaired-driving protocols as barriers to immediate legalization.

Constitutional Arguments Echo South African Precedent

The applicants' legal memorandum draws heavily on the 2018 South African Constitutional Court ruling that found cannabis prohibition for private adult use violated the right to privacy. Lead counsel Sisa Namandje, representing the coalition, argued in a July 18 press briefing that Namibia's constitutional privacy protections under Article 13 are substantively identical to those in South Africa's Bill of Rights. The state hasn't demonstrated a compelling interest in criminalizing home cultivation and personal possession where no third-party harm occurs, the memorandum asserts.

Namandje told reporters the coalition isn't seeking immediate commercial legalization but rather a narrow declaratory order that would decriminalize possession of up to 100 grams and cultivation of up to four plants per household. That threshold mirrors the interim relief granted by South African courts pending full regulatory implementation.

Government Response Deadline Set for September

The High Court registry set a September 15, 2026 deadline for the Minister of Health and the Attorney General to file opposing affidavits. Court records indicate the matter has been assigned to Justice Nate Ndauendapo, who previously authored a 2021 ruling striking down portions of Namibia's sodomy statute on privacy grounds. Legal observers note that precedent suggests Ndauendapo may be receptive to privacy-based arguments against victimless-crime statutes.

The Attorney General's office declined to comment on pending litigation. A Ministry of Health spokesperson said in a written statement that the government "respects the judicial process" but maintains that cannabis regulation requires "comprehensive policy development" before any statutory amendments.

Regional Reform Momentum Builds Across Southern Africa

Namibia's litigation unfolds amid accelerating cannabis-law reform across the Southern African Development Community, with Lesotho, Zimbabwe, and Zambia all launching licensed cultivation programs since 2023. Lesotho issued its first commercial-cultivation licenses in 2023 under the Drugs of Abuse Act (Amendment) regulations, creating a legal export market for medical cannabis that generated M480 million in 2025 revenue. Zimbabwe's Cannabis Licensing Board approved 57 cultivation permits in 2024. Zambia's Ministry of Health published draft medical-cannabis regulations in March 2026.

That regional shift has created economic pressure on Namibia, where informal cross-border cannabis trade with South Africa and Botswana is estimated at N$1.2 billion annually according to a 2025 Southern African Regional Police Chiefs Cooperation Organisation report. Proponents argue that continued prohibition cedes tax revenue and regulatory control to illicit markets while neighboring states build legal industries.

For full background on this story, see the CannIntel topic hub on Namibia cannabis legalization.

The litigation timeline positions a potential ruling in early 2027, ahead of Namibia's November 2027 general election. If the High Court grants relief, the National Assembly would face renewed pressure to enact comprehensive cannabis legislation or risk a patchwork regime governed by judicial decree rather than statute.