Ganja users urge Parliament to protect constitutional rights

𝗕𝘆 𝗦𝘁𝗮𝗳𝗳 𝗥𝗲𝗽𝗼𝗿𝘁𝗲𝗿

𝗚𝗮𝗻𝗷𝗮 𝗨𝘀𝗲𝗿𝘀 𝗡𝗮𝗺𝗶𝗯𝗶𝗮 (𝗚𝗨𝗡) 𝗵𝗮𝘀 𝘄𝗲𝗹𝗰𝗼𝗺𝗲𝗱 𝗖𝗮𝗯𝗶𝗻𝗲𝘁’𝘀 𝗮𝗽𝗽𝗿𝗼𝘃𝗮𝗹 𝗼𝗳 𝗮 𝗿𝗲𝘃𝗶𝘀𝗲𝗱 𝗱𝗿𝘂𝗴𝘀 𝗯𝗶𝗹𝗹 𝗮𝘀 𝗮𝗻 𝗮𝗰𝗸𝗻𝗼𝘄𝗹𝗲𝗱𝗴𝗺𝗲𝗻𝘁 𝘁𝗵𝗮𝘁 𝘁𝗵𝗲 𝗰𝗼𝘂𝗻𝘁𝗿𝘆’𝘀 𝗱𝗿𝘂𝗴 𝗹𝗮𝘄𝘀 𝗮𝗿𝗲 𝗼𝘂𝘁𝗱𝗮𝘁𝗲𝗱, 𝗯𝘂𝘁 𝘄𝗮𝗿𝗻𝗲𝗱 𝘁𝗵𝗮𝘁 𝘁𝗵𝗲 𝗿𝗲𝗮𝗹 𝘁𝗲𝘀𝘁 𝗶𝘀 𝘄𝗵𝗲𝘁𝗵𝗲𝗿 𝘁𝗵𝗲 𝗻𝗲𝘄 𝗹𝗮𝘄 𝗿𝗲𝘀𝗽𝗲𝗰𝘁𝘀 𝗰𝗼𝗻𝘀𝘁𝗶𝘁𝘂𝘁𝗶𝗼𝗻𝗮𝗹 𝗿𝗶𝗴𝗵𝘁𝘀 𝗼𝗿 𝘀𝗶𝗺𝗽𝗹𝘆 𝗿𝗲𝗽𝗮𝗰𝗸𝗮𝗴𝗲𝘀 𝗽𝘂𝗻𝗶𝘁𝗶𝘃𝗲, 𝗮𝗽𝗮𝗿𝘁𝗵𝗲𝗶𝗱-𝗲𝗿𝗮 𝗮𝗽𝗽𝗿𝗼𝗮𝗰𝗵𝗲𝘀.

In a media release dated 5 November 2026, GUN said it noted Cabinet’s decision on 3 November to approve the Combating of Narcotics, Psychoactive Drugs and Substances Bill 2026. The organisation said replacing the existing framework proved what legal experts and community advocates have argued for years.

GUN said thousands of Namibians have been prosecuted under the Abuse of Dependence-producing Substances Act 41 of 1971, a colonial-era statute. It described the law as containing unconstitutional reverse-onus presumptions and arbitrary, unscientific police “street value” calculations, and said the system violates administrative justice under Article 18 and fair trial guarantees under Article 12 of the Constitution.

The group urged Parliament and the drafters to clearly distinguish between personal adult possession and use, and commercial illicit trafficking. It argued that science, public health evidence and constitutional precedents across Southern Africa show that criminalising individuals for personal possession creates unnecessary criminal records, destroys livelihoods and clogs the justice system, without reducing drug dependency.

GUN said Namibia has an opportunity to lead by adopting a health-centred, harm-reduction approach, together with a regulated industrial hemp and medical cannabis framework. It said criminalisation drives people away from seeking health support, and that the country needs evidence-based education, public health resources and economic opportunities rather than harsher penalties or higher statutory fines.

With the bill now moving to the National Assembly, GUN called on Parliament to hold open and transparent public hearings. It said community members, public health practitioners, legal advocates and affected individuals must be allowed to make formal submissions so that the final Act aligns with the Namibian Constitution.