Act, Act No. 7 of 2000; Criminal Procedure Act, Act No. 51 of 1977 as
amended; Affirmative Action (Employment) Act, Act No. 29 of 1998 and
Labour Act, Act No. 11 of 2007.
A simplified version of the Combating of Domestic Violence Act, the
Combating of Rape Act, as well as the Maintenance Act has been developed
by the local NGO and was distributed throughout the country, through the
Ministry of Gender Equality and Child Welfare.
The Prevention of Organized Crime Act, Act No. 29 of 2004, specifically
criminalizes trafficking in persons, slavery, kidnapping, and forced labour,
including forced prostitution, child labour, and smuggling of migrants.
The Combating of Rape Act, Act No. 8 of 2000, prescribes severe minimum
sentences for rape. It gives the complainant (the rape victim) the right to
participate in bail proceedings, and imposes bail conditions that will help to
protect the rape victim. The Act requires in certain cases where minors are
involved, that proceedings be heard in closed court and prohibits publication
of information which could reveal the identity of the rape victim.
Death penalty is abolished under Article 6 of the Namibian Constitution
therefore no court or tribunal has the right to impose any death sentence.
36.
ARTICLE 5: ELIMINATION OF TRADITIONAL HARMFUL PRACTICES
Article 66 of the Namibian Constitution provides that both the customary law
and the common law of Namibia in force on the date of independence shall
remain valid to the extent to which such customary law or common law does
not conflict with this Constitution or any other statutory law.
Sporadic child marriages in some traditional communities remain a challenge
in the country. However, in terms of the Combating of Immoral Practices Act,
it is an offence for someone to impregnate or marry someone younger than
sixteen years old. The Namibian Police and the Women and Child Protection
Unit have a strict order to arrest and charge with the offence of statutory rape
anyone who is accused of having impregnated or married a young girl.
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