BACKGROUND

Country legal hubs are a user-friendly point of access to a comprehensive set of data and analysis on the statutory legal frameworks relating to sustainable wildlife management. This includes environmental protection, tenure rights, land use planning, the consumption (hunting and fishing) and non-consumption (ecotourism) use of wildlife, as well as animal production, animal health, and food safety and security.

Each legal hub provides:

historical and political background on the country;
access to relevant national normative texts by sector;
legal assessment of sectoral legislation;
overview of the domestication of international instruments;
description of relevant national institutions and their roles.

NATIONAL PARTNER

LEGAL AND POLITICAL CONTEXT

Political system: Constitutional democracy (Executive, Legislature, and Judiciary)

Administrative and territorial organization: Unitary state with administrative (decentralized) divisions

Legal system: Constitutional law, Roman-Dutch Common Law, Customary Law

International Conventions: Monist-leaning

Prior to its independence and the adoption of its constitution in 1990, Namibia was colonised by Germany from 1884 to 1915 and by South Africa from 1915 to 1989. Under the Namibian Constitution,1990, Namibia is a constitutional democracy founded on its constitution, which establishes three branches of government: the Executive, Legislature, and Judiciary.

The Executive is comprised of the president and cabinet. The president is elected for a five-year term and serves as the head of state and government. The cabinet is appointed by the president and includes a prime minister and ministers. Finally, the president is supported by a vice president, who is also appointed by the president.

The Legislature is bicameral and consists of the National Assembly and National Council. The National Assembly, responsible for initiating and passing legislation, is comprised of ninety-six (96)directly elected members serving five-year terms and up to eight (8) non-voting members appointed by the president. The National Council is an advisory body on legislation and consists of three representatives from each of Namibia’s fourteen (14) regions, who are elected by Regional Councils for six-year terms.

Finally, the judicial branch is comprised of the Supreme Court, the High Court, and lower courts. Magistrates’ Courts exercise general lower‑court jurisdiction. Customary law matters are adjudicated in community courts established by statute, which apply the relevant customary law subject to the Constitution and Acts of Parliament. Judicial independence is guaranteed by the Constitution, and both common law and customary law remain in force to the extent they are not inconsistent with constitutional or statutory provisions.

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Namibia operates a mixed legal system is which constitutional supremacy governs the hierarchy of norms, and Roman-Dutch common law, customary law, and international law operate within this framework, with much of the law uncodified and shaped by ongoing judicial decisions.

Namibia is a unitary state that is currently divided into fourteen (14) regions and one hundred and twenty-one (121) constituencies. The determination of regional and constituency boundaries is undertaken through a constitutionally established commission—the Boundaries Delimitation and Demarcation Commission—which investigates and recommends adjustments to boundaries. The President determines boundaries by Presidential Proclamation on the recommendation of the Commission. This process ensures that administrative divisions reflect demographic and governance considerations within a unitary constitutional design.

Namibia operates a dual legal system that recognizes both customary and statutory law, with the Constitution providing for the Council of Traditional Leaders and ensuring that customary law is upheld as long as it aligns with constitutional and statutory provisions. The Council of Traditional Leaders is mandated to advise on the control and utilization of communal land, including land-based natural resources, and other matters referred to it by the President. Customary law is administered in traditional courts.

Article 144 of the Namibian Constitution, 1990 establishes a primarily monist approach to international law, allowing treaties ratified by the National Assembly to become part of domestic law automatically unless otherwise specified by the Constitution or legislation. However, in practice, exceptions in the case of some international conventions and judicial interpretations introduce dualist elements, resulting in a hybrid system balancing international law with domestic legislation.

LEGAL FRAMEWORK

This section provides access to a list of statutory instruments specific to each sector that can be consulted and downloaded.

ENVIRONMENT/WILDLIFE SECTOR

FORESTRY

FOOD/NUTRITION/PUBLIC HEATH

LAND/LAND-USE PLANNING

WATER

FISHERIES/AQUACULTURE

LIVESTOCK/PASTORALISM

OTHER SECTORS

DIAGNOSTIC OF STATUTORY LAW

Detailed legal diagnostics are available on national statutory instruments regulating the following topics

Preconditions

Consumption use

Non-consumptive use

Human-Wildlife Conflict

Animal production

Animal health

Food safety

DOMESTICATION OF RATIFIED INTERNATIONAL INSTRUMENTS

This section provides a conceptual framework for comparing domestic legislation on wildlife to applicable international and regional ratified legal instruments.

Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization

Date: 15 May 2014

Cartagena Protocol on Biosafety

Date: 11 May 2005

INSTITUTIONAL SET‐UP

This section provides an overview on roles and responsibilities of the different national institutions in charge with the various sectors directly relevant for sustainable wildlife management.

Institutions	Roles
Ministry of Environment, Forestry and Tourism (MEFT)	The Ministry of Environment, Forestry and Tourism (MEFT) is a government body responsible for overseeing the sustainable use and management of natural resources, promoting environmental conservation, and supporting the country’s tourism sector. Its work is vital for balancing environmental protection with the needs of economic development, particularly through tourism and forestry.
Directorate of Wildlife and National Parks	The Directorate of Wildlife and National Parks (DWNP) is a division under the Ministry of Environment, Forestry and Tourism (MEFT) in Namibia. It is primarily responsible for the management, conservation, and protection of the country's wildlife and national parks. The Directorate plays a vital role in ensuring that Namibia's biodiversity is preserved for future generations while supporting sustainable tourism and community-based conservation.
Directorate of Forestry	This Directorate of Forestry within the Ministry of Environment, Forestry and Tourism (MEFT) is responsible for the sustainable management, conservation, and regulation of the country's forest resources. It works to ensure that forests continue to provide ecological, economic, and social benefits while addressing challenges such as deforestation and climate change. The Directorate supports the involvement of local communities in forest management, particularly through the Community-Based Natural Resource Management (CBNRM) programmme. These initiatives help communities sustainably manage forest resources while benefiting economically from them.
Ministry of Agriculture, Fisheries, Water and Land Reform (MAFWLR)	The Ministry of Agriculture, Fisheries, Water and Land Reform (MAFWLR) is a key government body in Namibia responsible for overseeing the country's agricultural, water, land and fisheries sectors. The ministry’s primary role is to ensure sustainable socio-economic development, food security, and efficient management of natural resources, while supporting the economic development of the agriculture, water and fisheries industries. It plays a central role in both rural and national development.
Directorate of Veterinary Services (DVS)	The Directorate of Veterinary Services (DVS) is the primary department within the Ministry of Agriculture, Water and Forestry tasked with animal health regulation and veterinary services. It is responsible for the prevention and control of animal diseases, both zoonotic (diseases that can spread between animals and humans) and non-zoonotic diseases.
Namibian Veterinary Council (NVC)	The Namibian Veterinary Council (NVC) is a statutory body that regulates the practice of veterinary medicine in Namibia. It is responsible for ensuring that veterinarians in Namibia adhere to professional and ethical standards, as well as overseeing the training, registration, and licensure of veterinarians and veterinary technicians.
Namibian Standards Institution (NSI)	The Namibian Standards Institution (NSI), though not specifically focused on animal health, works in coordination with other bodies to set health and safety standards for animal products, ensuring they comply with national and international regulations. This includes regulations related to veterinary products, such as vaccines and medicines.
Ministry of Health and Social Services (MoHSS)	The Ministry of Health and Social Services (MoHSS) is a government body responsible for overseeing and managing public health and social welfare services, including food safety.
Namibia Agronomic Board (NAB)	The NAB regulates the production and marketing of controlled crops, which includes ensuring food safety in the agricultural sector. This is achieved by monitoring the quality and safety of controlled crops (e.g., maize, wheat, and mahangu). It also promotes good agricultural practices to ensure food safety.
Namibia Fish Consumption Promotion Trust (NFCPT)	The NFCPT is a government agency dedicated to promoting the consumption of fish and seafood products within the country. It was established to address nutritional needs, support the local fishing industry, and enhance food security. The NFCPT also plays a vital role in ensuring that Namibians benefit from the country's rich marine resources. Also, it promotes the consumption of safe and high-quality fish products.
Livestock and Livestock Products Board of Namibia (LLPB)	The Livestock and Livestock Products Board of Namibia (LLPB) is a key regulatory body responsible for overseeing the livestock sector, ensuring the quality and safety of livestock products, and promoting the sustainable development of the industry.

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LEGAL HUB/NAMIBIA

BACKGROUND

NATIONAL PARTNER

LEGAL AND POLITICAL CONTEXT

LEGAL FRAMEWORK

DIAGNOSTIC OF STATUTORY LAW

Preconditions

Consumption use

Non-consumptive use

Human-Wildlife Conflict

Animal production

Animal health

Food safety

DOMESTICATION OF RATIFIED INTERNATIONAL INSTRUMENTS

Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

World Heritage Convention (WHC)

Convention on Wetlands (Ramsar)

Convention on Biological Diversity (CBD)

Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization

Cartagena Protocol on Biosafety

INSTITUTIONAL SET‐UP

Institutions

Roles

Unfortunately, your browser is not supported.

Sustainable Wildlife Management Programme works best on : Chrome, Firefox, Safari and Edge.

Legal Hub/Namibia

LEGAL HUB/NAMIBIA

BACKGROUND

NATIONAL PARTNER

LEGAL AND POLITICAL CONTEXT

LEGAL FRAMEWORK

DIAGNOSTIC OF STATUTORY LAW

Preconditions

Consumption use

Non-consumptive use

Human-Wildlife Conflict

Animal production

Animal health

Food safety

DOMESTICATION OF RATIFIED INTERNATIONAL INSTRUMENTS

Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

World Heritage Convention (WHC)

Convention on Wetlands (Ramsar)

Convention on Biological Diversity (CBD)

Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization

Cartagena Protocol on Biosafety

INSTITUTIONAL SET‐UP

Institutions

Roles