Namibia: National Assembly Approves New Mental Health Law

The National Assembly has finalised and adopted the mental health amendment bill of 2025 following extensive debate, paving the way for its consideration by the National Council.

The proposed legislation introduces a modern, rights-based framework aimed at strengthening mental healthcare services, protecting patients and addressing growing mental health challenges facing Namibia.

Among its key provisions are measures that criminalise the abuse of mental health patients, expand access to community-based care, tighten regulations on patient restraint and seclusion, and place a strong emphasis on suicide prevention and early intervention.

The bill, tabled by minister of health and social services Esperance Luvindao last year, seeks to repeal the outdated Mental Health Act of 1973 and replace it with legislation aligned with current healthcare standards and human rights principles.

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Speaking after the bill was passed on Tuesday, Luvindao welcomed the development, saying it provides a foundation for her ministry to accelerate implementation.

"Lots of work must be done. We must build facilities and ensure that mental health is managed at primary healthcare level as well to avoid referrals," she said.

The legislation empowers the Ministry of Health and Social Services to designate private institutions as mental health facilities, broadening service delivery options across the country.

It also introduces tougher penalties for healthcare workers found guilty of sexual abuse, cruelty or neglect of patients. Offenders may face fines of up to N$100 000, imprisonment of up to two years, or both.

In addition, the bill requires medical aid schemes to provide broader and more equitable coverage for mental health conditions.

Special provisions are also included for offenders and inmates living with mental health conditions, prioritising treatment and rehabilitation over confinement and neglect.