The protection of patients’ rights and dignity stands at the centre of the new Mental Health Bill tabled by Dr Esperance Luvindao, Minister of Health and Social Services, in the National Assembly on 14 October 2025.
The Bill outlines clear procedures to ensure privacy, dignity, and personal integrity are safeguarded.
Consent is clearly outlined, with prejudice, exploitation, abuse and forced sterilisation all prohibited.
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In addition, exclusion and restriction are only used under the most stringent circumstances.
Patients are provided information access, representation and awareness of their rights.
The Bill seeks to guarantee that, in accordance with contemporary norms, the rights, dignity and general welfare of every Namibian who suffers from a mental illness be respected and promoted.
The new Bill seeks to repeal and replace the old Act, providing a comprehensive and rights-based framework for mental health care in Namibia.
“The current Mental Health Act of 1973 was passed during the colonial era and is now out of date,” Luvindao emphasised in her speech to Parliament.
She underlined that the outdated legislation is no longer consistent with Namibia’s commitments under international human rights law, current societal realities or the values of democracy.
“The social and economic development of our country depends on mental health, which is an essential component of public health,” Luvindao said.
“However, mental health has been stigmatised, underprioritised and regulated by an antiquated colonial-era framework that no longer represents our domestic values or modern context for far too long,” she added.
Overall, the Bill establishes a new approach centred on dignity, autonomy and empowerment.
It seeks to eliminate stigma and discrimination by ensuring that people with mental health conditions are treated with compassion and respect.
Luvindao underscored the importance of decentralising mental health services, ensuring that every region and community has access to appropriate support.
“Mental healthcare should not be confined to a few specialised institutions. Every hospital, clinic and health worker must be equipped to provide basic mental health support and referral services,” she stated.
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The proposed law also emphasises professional and ethical accountability in the mental health field.
It delineates the obligations of practitioners, guaranteeing that medical ethics, informed consent and patient rights are the guiding principles of treatment.
In order to preserve healing and humane settings, the Bill mandates routine inspections of mental health facilities.
