Namibia’s Homeowners Caught Between Safety and the Law

Across Namibia, homeowners increasingly face violent break-ins, with residents assaulted, held hostage, or killed in their own homes.

Yet many feel legally constrained from defending themselves. The contradiction between constitutional rights and restrictive laws on self-defence reveals a growing need for legal reform.

Namibia’s Constitution guarantees both the right to life (article 6) and the right to property (article 16). Logically, these rights should extend to protecting oneself and one’s home from unlawful invasion.

However, the current legal framework leaves citizens uncertain about what they may lawfully do when confronted by intruders.

Under Namibian criminal law, the principle of private defence permits individuals to repel an unlawful attack, as confirmed in S v Nawaseb. To justify self-defence, four conditions must be met: the attack must be unlawful, the life, body or property defended must be legally protected, the attack must be imminent or ongoing; and the response must be proportionate. While the law acknowledges the right to defend life and property, it sets narrow limits on when and how this may be done.

The Arms and Ammunition Act of 1996 further restricts firearm use, prohibiting unauthorised discharge in public or municipal areas and allowing use only when life or property faces immediate danger. Police guidelines emphasise the “principle of minimum force”, which discourages firing unless no other option exists.

These provisions, though meant to protect the public, often leave homeowners hesitant or paralysed in the face of real danger.

This legal tension becomes most apparent when a homeowner’s attempt to defend their property leads to criminal charges. The law’s strict definitions of “imminent threat” and “proportional response” can turn defenders into accused offenders. Intruders act without constraint, while property owners risk prosecution for unlawful discharge or excessive force.

Namibia urgently needs clearer, fairer self-defence laws. Homeowners should not live in fear of both criminals and prosecution. The law must recognise property defence as a legitimate right, provide legal training to firearm owners and law enforcers, and review firearm restrictions in urban areas.

Protecting one’s home is a constitutional right, but it is not an unrestricted licence to use deadly force.

Still, when the law leaves citizens more vulnerable than the criminals who violate their rights, the social contract is at risk.

The home must remain a place of safety – not a legal trap.

– Tetanga Costar

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