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    Status regarding Budapest Convention

Status regarding Budapest Convention

Status : NA Declarations and reservations : N/A See legal profile

Cybercrime policies/strategies


No particular policies/strategies of Namibia deal directly with cybercrime. However, in February 2020 Namibia, with the assistance of the Commonwealth Secretariat, brainstormed on the components of its cybersecurity strategy. The related report is awaited from the Commonwealth Secretariat.


Other relevant policies/plans:

The Ministry of Information and Communication Technology Strategic Plan 2017-2022 has three relevant strategic objectives:

  1. accelerate ICT development, access and use for a smart, inclusive ICT Namibia;
  2. enhance unhindered access to information for an informed nation;
  3. enhance an enabling environment for high performance culture and effective service delivery.


The plan notes that the lack of awareness and means to address cybercrime are one of the key issues that has slowed the pace of ICT development, access and use. As a result, in order to meet their strategic objectives, MICT aims to ensure the development and implementation of mechanisms to protect the nation from cybercrime, in part by finalizing its cybercrime bill.


Namibia’s 5th National Development Plan (NDP5: 2017 – 2022) By 2022, lists as one of its key goals ensuring that Namibia has universal access to information, affordable communication and technology infrastructure and services by 2022. The NDP5 recognizes that access in rural areas is one of the main challenges in this sense, as a result of the combined impact of the uneven access to electricity and high unit costs for rolling out ICT infrastructure in a vast geographic area. The expansion and modernization of its ICT infrastructure will include the promotion of e-services, including e-governance, and innovation.


Lastly, the Harambee Prosperity Plan (HPP 2016 – 2020) also addresses ICT from an infrastructural perspective. Important additional ICT challenges noted in the HPP as compared to the NDP5 are noted as the low ICT literacy and understanding of the relevance of ICT, as well as high import taxes on ICT equipment. Unfortunately, a number of key action points have still not have been reached by the set deadlines:

  • finalizing the ETA and the Cybercrime Law by 2016 (however the ETA/ Electronic Transactions Act was finalized in 2019);
  • establishment of a Computer Emergency Response Team (CERT) by February 2017.

Overarching ICT Policy 2009

Information security and privacy: The Government promotes legislation for information security, data protection and the protection of privacy. The Government will guard information privacy; and only intercept and monitor information of national importance. To ensure the interface between technology and rights to privacy are well regulated, collection and protection of data will comply with international standards.


Draft Data Protection Policy (2013)

This Draft Policy seeks to protect the right to privacy of Namibian citizens, as well as to protect Namibian citizens against abuse of their data and personal information and to regulate cross-border flow of personal data.

Jurisprudence/case law

Arangies and Another v Unitrans Namibia and Another (I 347/2013) [2019] NAHCMD 196 (18 June 2019) the judge tossed the computer evidence material to the case out based on the Computer Evidence Act 32 of 1985, stating “Perhaps, it is time for the legislature to review the provisions of the Computer Evidence Act, 1985 (the Act) or to enact new legislation more suitable for what has doubtless been exponential and unprecedented developments since the Act was enacted.”


S v Ningisa & Others 2013 (2) HC 504 (SC) (Act applicable only to civil proceedings, as it explicitly states, and not relevant to criminal proceedings): admissibility of computer print-outs (using the Computer Evidence Act 32 of 1985).


Rally for Democracy and Progress & Others v Electoral Commission & Others 2013 (2) NR 390 (HC), Case No. SA 12/2011: refers to the Computer Evidence Act 32 of 1985 to review the applicants’ complaints which requested annulling the results of the National Assembly’s November 2009 elections because of a long list of irregularities.


The High Court Of Namibia: The State Versus Onias Marume, (High Court Review Case N0.:753/06) Coram: Hoff, J Et Van Niekerk, J, Delivered on: 2006-12-19, Case No. 120/06: defendant was convicted on two counts of violation of the Copyright and Neighbouring Rights Protection Act 6 of 1994 and ordered to pay fines or serve concurrent prison sentences of up to 18 months.

Sources and links


Reports and research

Databases and institutions

Tools on Cybercrime & Electronic Evidence Empowering You!

These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe. 


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