Prostitution laws in Namibia
Namibia's Combating of Immoral Practices Act 21 of 1980 does not make the exchange of sex for money an offence, but criminalises the conduct around it. This covers keeping a brothel (s. 2, up to three years), procuring (s. 5), helping a man contact a woman for sex outside marriage (s. 6), soliciting in a public street or place (s. 7) and living on the earnings of prostitution (s. 10). In Hendricks v Attorney General (2002) the High Court narrowed the definition of a brothel and struck down the deeming and presumption provisions. No reform bill or new court challenge from 2023–2026 was found. Advocacy groups and lawyers continue to call for repeal.
Legal model
Legal, organisation banned. Selling and buying are legal, but brothels, procuring and organising are criminal offences.
The Combating of Immoral Practices Act 21 of 1980 closely follows South Africa's Sexual Offences Act 1957, but has no equivalent of South Africa's later selling (1988) or buying (2007) offences. It therefore criminalises neither selling nor buying, only brothels, procuring, living on the earnings, assisting contact for prostitution and public soliciting. Lawyers quoted in 2025 said sex workers, not clients, are the ones generally prosecuted.[1][2]
At a glance
| Question | Status | In short |
|---|---|---|
| Selling sexual services | Restricted Breach: criminal offence | Selling sex is not itself an offence. Any person who "in any public street or place entices, solicits or importunes or makes any proposals to any other person for immoral purposes" faces a fine of up to two thousand rand and/or up to two years (s. 7(a)). Committing an immoral act with another person in public carries a fine of up to three thousand rand and/or three years (s. 8).[1][2] |
| Buying sexual services | Legal | The Act contains no offence of paying an adult for sex. The public-soliciting offence (s. 7(a)) applies to any person, so a client who solicits in a public street or place can commit it.[1][2] |
| Brothels and managed venues | Illegal Criminal offence | Keeping a brothel carries up to three years' imprisonment, or that and a fine of up to three thousand rand (s. 2(1)). A brothel includes any house or place kept or used for prostitution. Owners or occupiers who knowingly permit premises to be used for any offence under the Act face up to two years (s. 9).[1] |
| Third parties profiting (procuring / pimping) | Illegal Criminal offence | Procuring a woman to become a prostitute or an inmate of a brothel, or enticing her to a brothel, carries up to five years (s. 5). Knowingly living wholly or in part on the earnings of prostitution, or assisting in bringing about or receiving payment for another person's "immoral act", carries a fine of up to three thousand rand and/or three years (s. 10). Detaining a woman in a brothel against her will carries up to seven years (s. 13).[1] |
| Advertising sexual services | Illegal Criminal offence | Any person who, intending that a man have sex outside marriage with a woman, "performs any act or does anything or furnishes any information" calculated or likely to enable him to contact or trace her commits an offence carrying up to five years (s. 6). This wording reaches adverts and introduction services. Where the accused had reason to suspect the woman was a sex worker, the intent is presumed (s. 12(3)).[1] |
The law in detail
Selling sexual services
Selling sex is not itself an offence. Any person who "in any public street or place entices, solicits or importunes or makes any proposals to any other person for immoral purposes" faces a fine of up to two thousand rand and/or up to two years (s. 7(a)). Committing an immoral act with another person in public carries a fine of up to three thousand rand and/or three years (s. 8).[1][2]
In 2025 the human rights lawyer Norman Tjombe told The Namibian that receiving or paying for sex is not itself illegal. He said the Act is generally used against sex workers rather than their clients. Sex workers in the same report described police harassment for soliciting.
Confidence: medium. Statute read from NamibLII's annotated consolidation, which includes amendments up to February 2026, through the Internet Archive's copy because NamibLII blocks automated access. Fines are still expressed in rand in the statute.
Checked 30 October 2026
Buying sexual services
The Act contains no offence of paying an adult for sex. The public-soliciting offence (s. 7(a)) applies to any person, so a client who solicits in a public street or place can commit it.[1][2]
Confidence: medium. Read from the NamibLII annotated text, via the Internet Archive.
Checked 30 October 2026
Brothels and managed venues
Keeping a brothel carries up to three years' imprisonment, or that and a fine of up to three thousand rand (s. 2(1)). A brothel includes any house or place kept or used for prostitution. Owners or occupiers who knowingly permit premises to be used for any offence under the Act face up to two years (s. 9).[1]
In Hendricks and Others v Attorney General, Namibia and Others 2002 NR 353 (HC), the High Court struck from the definition of "brothel" the words extending it to places visited for "unlawful carnal intercourse" or any other "lewd or immoral purpose". It also declared unconstitutional the list of persons deemed to keep a brothel and the presumptions in s. 12(1) and (2). The core offence of keeping a brothel was left in place.
Confidence: medium. The Hendricks order is taken from NamibLII's annotations, not from the judgment. The annotations attribute the strike-down to s. 2(2); other copies of the order quote it as s. 2(3).
Checked 30 October 2026
Third parties profiting (procuring / pimping)
Procuring a woman to become a prostitute or an inmate of a brothel, or enticing her to a brothel, carries up to five years (s. 5). Knowingly living wholly or in part on the earnings of prostitution, or assisting in bringing about or receiving payment for another person's "immoral act", carries a fine of up to three thousand rand and/or three years (s. 10). Detaining a woman in a brothel against her will carries up to seven years (s. 13).[1]
Confidence: medium. Read from the NamibLII annotated text, via the Internet Archive.
Checked 30 October 2026
Advertising sexual services
Any person who, intending that a man have sex outside marriage with a woman, "performs any act or does anything or furnishes any information" calculated or likely to enable him to contact or trace her commits an offence carrying up to five years (s. 6). This wording reaches adverts and introduction services. Where the accused had reason to suspect the woman was a sex worker, the intent is presumed (s. 12(3)).[1]
Confidence: low. A reading of the statutory text. The section is framed around a man and a woman. No prosecutions of publishers or websites were found, and whether it has been applied to a sex worker's own advert is unknown.
Checked 30 October 2026
Key legislation
| Law | What it does here | In force |
|---|---|---|
| Combating of Immoral Practices Act 21 of 1980 (annotated; version of 15 May 2024) Combating of Immoral Practices Act 21 of 1980 ss. 1–13 | Brothels (ss. 1–4), procuring (s. 5), assistance (s. 6), public soliciting (s. 7), living on the earnings (s. 10).[1] | 31 October 1980 |
Timeline
- 31 October 1980The Combating of Immoral Practices Act 21 of 1980 is published and comes into force in South West Africa.[1]
- 2002In Hendricks v Attorney General the High Court narrows the definition of a brothel and strikes down the brothel-deeming provision and two presumptions, leaving the core offences in place.[1]
- 13 March 2025The Namibian reports growing calls from lawyers and sex worker groups to decriminalise sex work; no government position is reported.[2]
Sources
- Combating of Immoral Practices Act 21 of 1980 (annotated; version of 15 May 2024). NamibLII. legislation · accessed 30 October 2026
- Calls grow for sex work legalisation. The Namibian, 13 March 2025. news · accessed 30 October 2026