Allexer Namundjembo
Convicted Namibians serving prison sentences in other Southern African countries may soon be transferred home to complete their jail terms, following the gazetting of an amended SADC protocol on prisoner transfers.
The amendment, published in Government Notice no. 177 of 2026 and seen by the Windhoek Observer, updates Namibia’s ratification of the SADC Protocol on Inter-State Transfer of Sentenced Offenders.
It was signed by home affairs minister Lucia Iipumbu on 29 January and appeared in the Government Gazette of 5 June 2026.
The notice states that, under subsection 20(3) of the Transfer of Convicted Offenders Act of 2005, Government Notice no. 151 of 11 July 2025 is amended by replacing the schedule with an updated version.
The new schedule outlines the full protocol adopted by SADC Heads of State and Government in Dar es Salaam on 18 August 2019.
Its stated aim is to support the social reintegration of citizens sentenced for criminal offences committed in foreign countries.
The protocol’s preamble adds that this goal is best achieved by allowing offenders to serve their sentences in their home countries.
Under the protocol, a person sentenced to imprisonment in one SADC member state may be transferred to another member state to serve the remainder of their sentence.
Requests can be lodged by any state party, the sentenced offender, or their representative.
However, transfers are not automatic.
Article 6 sets seven conditions that must be met, including that “the sentenced offender is a national of the administering state,” that “the sentence has become enforceable in the sentencing state and is no more subject to appeal or review,” and that “not less than six (6) months of the sentence have still to be served on the date of receipt of the request for transfer, unless otherwise agreed under exceptional circumstances.”
Written consent from the offender is also mandatory. The protocol includes several safeguards for prisoners.
Article 8 guarantees that transferred offenders cannot be tried or convicted again for the same acts that led to their original sentence.
Article 10 requires that the sentence be completed according to the laws of the receiving state but makes clear that the prisoner may not receive a harsher sentence than that imposed by the sentencing state.
Clemency remains with the receiving country. Article 11 states that the administering state may grant pardon, amnesty, parole, or commutation of the sentence under its own constitution or laws.
All transfer requests must be made in writing and sent through diplomatic or previously agreed channels, according to Article 3.
The receiving country is required to respond within a reasonable time, not exceeding 90 working days.
Offenders must be informed of their rights under the protocol.
Article 4 requires that sentenced offenders be told about the protocol’s contents and the legal effects of a possible transfer, and that they be provided with the relevant application form.
The cost of transferring a prisoner shall be negotiated between the concerned states, the protocol notes in Article 14.
Transit through other SADC countries is permitted, and states are obliged to cooperate in facilitating such transit.
According to the notice, the protocol applies to all 16 SADC member states, including South Africa, Angola, Botswana, Zimbabwe, and Zambia.
It comes into force 30 days after the deposit of ratification instruments by two-thirds of member states, under Article 22.
Disputes over interpretation or implementation must first be resolved amicably. If that fails, member states are referred to the ministerial committee of the organ and, ultimately, to the SADC Tribunal.
“The decision of the SADC Tribunal shall be final and binding,” Article 18 states.
The ministry of home affairs, immigration, safety and security did not respond to questions about how many Namibians could be affected or when the first transfers may occur.
The Namibia Correctional Services and ministry of justice had also not commented by the time of publication.
Social justice advocate Mateus Amakali told the Windhoek Observer on Thursday that the gazetted SADC protocol is a significant step toward humane correctional policy, but warned that implementation will determine its impact.
“Allowing Namibians jailed abroad to serve their sentences at home is fundamentally about dignity and rehabilitation,” Amakali said.
“When people are closer to family, language, and community support, their chances of reintegrating and not reoffending improve dramatically. But the six-month minimum, consent requirements, and negotiated costs mean this won’t help everyone,” he added.
Amakali added that the government must be transparent about who qualifies for the prisoner transfers and ensure that correctional facilities are ready; otherwise, there is a risk of creating expectations that cannot be met.
In February last year, the home affairs ministry said there were 69 Namibians serving terms in SADC prisons, while 465 prisoners from SADC countries were serving terms in Namibian prisons.
