Legal Framework
Namibia's witness protection system is anchored in the Witness Protection Act, 2017 — one of the more comprehensive legislative frameworks on the African continent for safeguarding witnesses in criminal and civil proceedings.
The Act provides for the establishment of a Witness Protection Unit, a Witness Protection Advisory Committee, and a formal Witness Protection Programme — including admission criteria, a Review Tribunal, and authorisation to enter into both national and international agreements on witness protection. It also amends the Criminal Procedure Act, 1977 to strengthen witness protection provisions.
The Act covers proceedings across a wide legal spectrum: criminal proceedings, inquest proceedings under the Inquests Act, 1993, and proceedings under Chapters 5 and 6 of the Prevention of Organised Crime Act, 2004. The Minister may also declare other tribunal proceedings to fall within the Act's scope.
The Witness Protection Unit
Structure & Mandate
The Witness Protection Unit operates under Namibia's Ministry of Justice and is mandated to formulate policies, regulations, and operational strategies for protecting witnesses and related parties who face threats or intimidation due to their participation in legal proceedings.
Core Functions
The Unit acquires places of safety for protected persons, secures necessary assets, conducts searches on protected persons or their property, and ensures that its operations are guided by Namibian law and international best practices.
Oversight Bodies
A Witness Protection Advisory Committee provides oversight, and a Witness Protection Review Tribunal reviews certain decisions made under the Act, ensuring checks and balances within the system.
The Unit is guided by the principles of impartiality, confidentiality, and information security. Its development and operations incorporate information security measures, technical and administrative competences aligned with international best practices.
Who Qualifies for Protection
Protection extends to witnesses and their associated persons. The Act defines three key categories of eligible individuals:
Protection may extend to family members and can — in extreme circumstances — involve participation in a full witness protection programme, including assignment of a new identity and physical relocation. As long as there is reason to believe the safety of these individuals is at risk, they are entitled to protection under the Act.
Application Process
Under the 2023 Regulations, a witness, a related person, any interested person, or an investigating officer may apply for admission into the Programme by submitting a completed and signed form to the Director of the Unit. Once a decision is made, the relevant witness protection officer must communicate the outcome to the applicant within 24 hours. Special provisions exist for minors, requiring parental or guardian consent, and where such consent is refused, a High Court judge may intervene on the minor's behalf.
Protection Measures
Safe House Placement
Protected persons are placed in secure locations. Access is strictly limited by law to authorised individuals only.
Identity Change
A "protected identity" — entirely different from the original — may be assigned in cases of extreme risk.
Relocation
Physical relocation to an unfamiliar environment, with financial support to cover living costs during the transition.
Confidentiality
All Programme information is strictly confidential. No proceedings may be published or made public in any manner.
Restricted Access
Only a High Court judge, authorised state officers, legal practitioners, or doctors at a protected person's request may access them.
Protected Register
A formal register of protected persons is maintained under strict security protocols within the Unit.
Confidentiality & Penalties
Section 57 of the Witness Protection Act strictly prohibits both the disclosure of a witness's identity and the disclosure of any information they shared with the Programme. Violations carry severe criminal sanctions, reflecting the gravity of exposing a protected person.
Under the Criminal Procedure Act (as amended by the Witness Protection Act), no information relating to witness protection proceedings may be published or made public in any manner whatsoever. A protected person who is placed in a safe house is deemed to have attended the relevant criminal proceedings for the purposes of witness fees calculations.
International Cooperation
The Act expressly authorises the Minister to enter into both national and international agreements on witness protection. Sections 40 and 41 govern cooperation with foreign jurisdictions and international courts or tribunals.
Notable International Engagements
South Africa
Namibia has established a cooperative relationship with South Africa's Office for Witness Protection, benefiting from South Africa's experience as the first African country (1998) to enact comprehensive witness protection legislation.
Kenya — March 2026
As recently as March 2026, a Namibian delegation led by the Unit's Director visited Kenya's Office of the Director of Public Prosecutions. The two institutions shared experiences, benchmarked best practices, and identified areas for collaboration in strengthening witness protection programmes across the region.
International Courts & Tribunals
Under Section 41 of the Act, the Minister may refer requests from international courts and tribunals to the Director. Such referrals must include a risk report and a supporting report from the foreign prosecuting authority, ensuring robust verification before any cross-border protection is extended.
Foreign requests for witness protection must include a report from the appropriate authority in the sending country detailing the risk faced by the witness, the nature of the offence for which they are under protection, and a supporting report from that country's prosecuting authority.