A protection order is a legal remedy available to victims of domestic violence, intended to shield them from further harm by individuals with whom they share a domestic relationship.
In Namibia, such orders are governed by the Combating of Domestic Violence Act.
Although the law is sound in its intention, problems arise in its implementation. The process is often misapplied or misunderstood by key stakeholders. As a result, the protective mechanism can be exploited or misused.
There have been instances where protection orders were granted based on questionable or malicious motives, sometimes leading to the unlawful eviction of individuals from their homes. In family disputes, for example, some complainants use protection orders not for safety, but as tools of revenge, spite or punishment.
The law allows third parties to apply on behalf of a victim, which can further open the door to abuse when applications are made vexatiously.
The issuing of interim protection orders without verifying the veracity of claims is particularly concerning. Although the act requires courts to be satisfied that there is sufficient evidence before issuing an interim order, this step is often overlooked.
Courts seldom call for oral evidence or supporting witnesses before granting an interim order. In many cases, the respondent is removed from the home before having a chance to respond.
The situation is compounded when return dates are repeatedly postponed. Respondents may be barred from their homes for months based on untested allegations, while complainants sometimes fail to attend follow-up hearings. This causes significant hardship and prejudice against the alleged perpetrators, particularly when complaints are later withdrawn or found to be unsubstantiated.
A report in by The Namibian during the week of 30 March 2025 described a mother of seven who was left homeless in the rain after her husband secured a protection order against her, raising questions about the legitimacy of the application.
The system must protect genuine victims, but it must also uphold fairness and justice.
All stakeholders are urged to review and strengthen the process to ensure that protection orders are granted only after thorough assessment and that the rights of both parties are respected.
– Lucas Tshuuya
