Doubts over sex offenders register as lawyers and activists question its necessity and legality

Lawyers and activists are questioning the necessity and legality of a proposed national sex offenders register, urging stronger existing systems and safeguards for public safety and human rights.

Lawyer Norman Tjombe says a sex offenders register may be unnecessary and open to constitutional challenges.

His comments comes after minister of justice and labour relations Wise Immanuel last week in the National Assembly announced that the country will soon establish a national sex offenders register to combat sexual violence and enhance public safety.

Tjombe says the police already maintain a sophisticated certificate of conduct system, where all offences are recorded.

“A sex offenders register does not necessarily result in the prevention or elimination of the crimes either. Offenders will simply go underground or use different names,” he says.

Tjombe further cautions against the potential for vigilantism, saying people listed on the register may be unfairly targeted, even in the absence of repeat offences, or based on rumours.

‘RATHER REHABILITATE’

He believes rather than adopting a “populist response”, the government should strengthen existing systems and focus on meaningful rehabilitation.

“Instead of setting up a sex offenders register, Namibia could broaden the existing system of police certificates and have more effective rehabilitation programmes for offenders to avoid re-offending,” he says.

Tjombe says addressing sexual violence requires not just legal tools, but significant political will to create sustainable, long-term solutions.

Lawyer Richard Metcalfe also questions the introduction of a register, asking: “What is the purpose, as people convicted of any offence are captured on a database of previous convictions held by Nampol?”

In October 2020, Popular Democratic Movement (PDM) member of parliament Winnie Moongo brought a motion to the parliament seeking the establishment of a sex offenders register.

At the time, she cited police statistics showing that 3 164 rape cases were recorded between 2016 and 2019.

A sex offenders register has been proven to be one of the most effective mechanisms to mitigate sex crimes in countries such as Israel, New Zealand and Australia, she said at the time.

Former PDM parliamentarian Elma Dienda has criticised Immanuel for failing to provide a clear timeline for the register’s launch.

“I am actually surprised why the honourable minister is still waiting. This is something that should have been done yesterday, and yet he says it will be launched ‘soon’ without giving a date. He shouldn’t make announcements without specifics,” she says.

Dienda says her party had tabled a motion in the parliament years ago, calling for the creation of a national sex offenders register.

“We are not interested in the word ‘soon’. We want to know the date so that things can start moving,” she says.

She says rape cases and gender-based murders are highly prevalent in Namibia.

ACCESS RESTRICTED

Immanuel said the registry would list individuals convicted of sexual offences.

“The register is long overdue. Given the scourge of sexual violence, the register will eventually cover all sexual offences. The court will decide on the duration of listings while balancing justice and protecting juveniles, who will be excluded from the register,” he said last week.

According to the minister, the justice ministry is working closely with the police to finalise the long-anticipated initiative.

He reassured the public of the government’s commitment to ensuring the registry is implemented with sensitivity and in line with human rights principles.

To prevent misuse and protect personal dignity, access to the registry will be restricted. Only authorised individuals or institutions would be able to request information through official clearance certificates.

The register is part of broader efforts by the government to address rising concerns over sexual violence and repeat offenders.

It also reflects growing public demand for stronger legal tools to ensure the safety of vulnerable groups, particularly women and children.

Ministry spokesperson Edmund Khoaseb yesterday said the ministry would comment on the matter “after a day or two”.

“It’s a multisectoral thing, you need to give me a day or two to just give accurate responses,” he said.

Khoaseb said the register is intended to strengthen Namibia’s ability to monitor, track, and prevent repeat offences by convicted sexual offenders.

He said it aims to improve the protection of vulnerable persons, particularly women and children, by ensuring that the relevant authorities have access to accurate and up-to-date information about individuals convicted of sexual crimes.

“The Ministry of Justice and Labour Relations is currently leading consultations to develop a bill that will establish the legal framework for the national register,” he said.

Khoaseb said whether the register would be made public or restricted would be determined through this legislative process.

“At this stage, discussions are ongoing, and final decisions will be guided by input from key institutions such as the Ministry of Home Affairs, Immigration, Safety and Security, and other stakeholders,” he said.

The spokesperson said the development of a bill would ensure the register complies fully with Namibia’s Constitution and human rights standards.

“Safeguards will be built in to protect the rights and dignity of individuals, while balancing public safety interests. The final framework will only come into effect once it has been tabled, debated, and passed by the parliament,” he said.

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