While the Namibian Police confiscated dagga worth over N$160 million since 2020, government’s cannabis-related inertia saw judges rebuke the State in the High Court this week as embarrassing half-baked arguments and unpreparedness greeted the public in the landmark cannabis case.
The High Court of Namibia judges voiced frustration with the State’s attempts to delay a landmark constitutional challenge to the country’s strict cannabis prohibition. In a recent court session, Judges Philanda Christiaan and Claudia Claasen sharply rebuked state lawyers for arguing that the case was “not yet ripe” for judicial intervention, suggesting it should await finalisation by the Law Reform and Development Commission (LRDC) and Parliament.
This judicial exasperation highlights a profound strategic vacuum within the Namibian government regarding cannabis policy, especially as neighbouring nations rapidly embrace the plant for economic diversification.
This rebuke, as reported by NBC this week, underscores a deeper systemic issue: a government seemingly unwilling or unable to confront a critical policy area.
The Issue recently reported being sent from pillar to post, as the government have no idea who is responsible for formulating some kind of direction on cannabis.
Political will clearly does not exist in any way in this argument. Because, if the government had serious belief in their unshaken puritanical worldview, the structure around drug enforcement would look markedly different.
The lack of education available around addiction of all sorts, the lack of support for those suffering from addiction and the decidedly poor policing capabilities and resources do not speak of blood-stirring convictions against substance abuse in our society.
Because of the pervasiveness of cannabis, we can safely assume that the amount confiscated pales in comparison to the amounts of cannabis available on the street.
The government’s ideological confusion leaves police as the only branch still fighting for the outdated punitive regime as the judiciary’s exasperation mirrors the prolonged frustration of cannabis advocacy groups.
Could the State lawyers’ laissez-faire attitude in court this week be an indication of frustration with the neverending carousel that is dagga convictions and merchants?
Organisations like the Cannabis and Hemp Association of Namibia (CHAN), Ganja Users of Namibia (GUN), Medical Marijuana Association of Namibia (MMAN), and the Rastafari United Front (RUF) have consistently, and to no avail, highlighted the immense economic and social costs of Namibia’s archaic cannabis laws. Their joint submissions to the Ministry of Justice, prompted by a mere request for public input, expose a painful irony: while the global market booms and neighbouring South Africa, from whom Namibia ostensibly draws much of its policy, leverages cannabis for job creation and significant revenue, Namibia clings to a 1971 apartheid-era act that criminalises an entire value chain.
The State in court contended that cannabis legality is a complex societal issue requiring in-depth research into social implications and health risks, rather than solely focusing on alleged rights infringements. They emphasised that the LRDC is already reviewing the matter, and the court should avoid overstepping the legislature’s domain.
LRDC’s study should provide additional data to Unam’s 2023 study proposal, commissioned by the Cabinet.
The State also maintained that cannabis’s classification as a habit-inducing substance is undisputed, and determining safe traditional use is a complex issue.
However, the judges noted the LRDC’s failure to provide any progress or timeline on its purported review, while Judge Claasen cautioned against further delaying tactics.
The LRDC’s baffling withdrawal from the case further shows that, despite all its inefficiencies and old-fashioned paper-based admin system, the Namibian Police remain the only functioning part of a system that stubbornly prohibits and penalises cannabis.
Despite official police assertions of “somewhat effective” enforcement and statistics showing thousands of arrests and multi-million dollar busts (including a supposed N$52 million plantation in the Hochfeld area), these figures actually reveal the sheer profitability and resilience of the illicit market.
The police’s own figures show they are fighting a losing battle, with both the number of people arrested and the value of dagga confiscated increasing steadily since 2020.
The police’s own statistics show that in 2020, 1 248 people were arrested with 14kg of dagga worth N$14 million. In 2021, 1 323 people, caught with 26kg worth N$26 million. In 2022, 1 572 were arrested with 37kg worth N$37 million. In 2023, the number of arrests dropped slightly to 1 512 people, but 40kg worth N$40 million were confiscated then.
In 2024, 1 521 people were arrested, this time with 44kg worth N$44 million.
Over 7 100 mainly Namibians were arrested.
I don’t think NamRA should be happy about foregoing the benefits of a gold mine. Why should dagga merchants trade freely while kapana and vetkoek vendors have to register and pay a licence fee?
But senior police officers The Issue spoke to in recent months show no sign of ever changing the way they see cannabis and are not interested in any ‘new’ information.
They uncomfortably smile and shift in their chairs when confronted with the fact that they’re fighting a losing battle as neighbours liberalise and regulate, causing cannabis to now be more accessible than ever.
REFORM
In stark contrast to the State’s position, four Namibian cannabis advocacy groups – the Cannabis and Hemp Association of Namibia (CHAN), Ganja Users of Namibia (GUN), Medical Marijuana Association of Namibia (MMAN), and the Rastafari United Front (RUF) – have jointly submitted a legal and human rights-based request for urgent reform of cannabis laws. This submission was in response to an open call by the Ministry of Justice and Labour Relations for public input on outdated legislation.
The groups argue that current cannabis laws, rooted in apartheid-era frameworks like the Abuse of Dependence-Producing Substances and Rehabilitation Centres Act 41 of 1971 (RSA), violate constitutional rights to dignity, religion, equality, personal liberty, and privacy, as well as international legal standards. They point out the hypocrisy of criminalising cannabis while alcohol, a leading cause of preventable death, remains legal and regulated.
The core of the plaintiffs’ petition, led by Brian Jaftha and Borro Ndungula of GUN, is to have the current cannabis laws declared unconstitutional. They also seek a court order for the release of all individuals currently arrested or detained for cannabis-related offences. Jaftha, a Rastafarian who has served a two-year prison sentence for cannabis-related charges, epitomises the human cost of the government’s inaction. The plaintiffs emphasise they are not advocating for unrestricted use but for reasonable regulation.
The case is currently being heard by a full bench of judges, comprising Dinna Uusiku, Claudia Claasen, and Philanda Christiaan. A ruling is anticipated on 12 August 2025.
OPPORTUNITY SQUANDERED
The judges’ rebuke underscores a deeper systemic issue: a government seemingly unwilling or unable to confront a critical policy area while the global cannabis market surges towards an estimated US$444 billion by 2030. Namibia’s neighbours, like South Africa and Botswana, are rapidly moving to leverage cannabis for economic diversification, job creation, and revenue generation. South Africa, in particular, has legalised private cultivation and use.
This indicates that current laws merely push a thriving industry underground, enriching criminal networks while the State forfeits billions in potential tax revenue and legitimate economic activity.
The High Court’s on 12 August could potentially force the hand of a government that has, to date, demonstrated a profound inability to provide strategic direction or seize the reins of a burgeoning multibillion-dollar industry, leaving Namibia to watch from the sidelines as its neighbours reap the benefits of a global green rush.
