Justicia Shipena
Health workers who do not report suspected abuse of mentally ill patients could be fined up to N$100 000 or jailed for two years under the new Mental Health Bill.
Health minister Esperance Luvindao presented the Bill in Parliament on Tuesday.
It makes it a crime for any mental health worker who sees or suspects abuse and fails to report it to their supervisor, the head of the facility, and the review board.
It seeks to regulate mental health care in Namibia and promote dignity, autonomy, and the human rights of people with mental health conditions.
The bill provides procedures for the admission and discharge of patients, establishes review boards to oversee mental health facilities, and sets out rules for managing the property of persons with mental conditions.
It prohibits torture, cruel or degrading treatment, and any medical or scientific experimentation without informed consent.
Luvindao said voluntary participation in experimental treatment or research is allowed, provided it does not involve inhumane practices.
All individuals, organisations, and facilities offering mental health care must protect patients from physical, emotional, sexual, psychological, or financial abuse.
Forced labour or the use of treatment as punishment is also banned. Health facilities must ensure patients receive care in safe and sanitary conditions.
Those who violate these measures face fines of up to N$300 000 or imprisonment for up to four years, or both.
Luvindao said the current 1973 law was enacted under colonial rule and does not reflect Namibia’s democratic or human rights values.
“The current act focused narrowly on control and confinement, ignoring autonomy, dignity, and equality. This bill changes that,” she said.
The bill bans forced sterilisation, discrimination, and all forms of exploitation and abuse. Independent review boards will monitor facilities, investigate complaints, and conduct unannounced inspections at least once a year.
“These boards will have powers to hear appeals, investigate patient grievances, and ensure that those responsible for mistreatment face consequences,” Luvindao said.
The bill also allows for appeals, judicial reviews, and periodic assessments to prevent prolonged involuntary care. Patients and families will be able to challenge decisions in court.
It directs the state to integrate mental health screening into community and primary health systems to ensure early diagnosis and treatment.
Services will be decentralised to district hospitals to improve access outside Windhoek.
“Every Namibian, regardless of where they live, deserves access to compassionate, quality mental health care,” Luvindao said.
The bill sets standards for offenders and inmates with mental health conditions, requiring treatment and transfer to proper facilities rather than confinement in prisons without medical supervision.
The health minister will have the power to designate both public and private institutions as mental health centres.
For patients unable to manage their affairs, the bill provides for court-appointed administrators to oversee property and finances under judicial oversight.
Luvindao said the bill marks a “paradigm shift” from past practices of control and confinement to one based on rights, inclusion, and rehabilitation.
“By passing this bill, Parliament will affirm Namibia’s commitment to protect the most vulnerable and build a society where no one is left behind. This is about hope, inclusion, and human dignity,” she said.
If passed, the Mental Health Bill will repeal the Mental Health Act of 1973.
Caption
The Mental Health Bill introduces strict penalties for health workers who fail to report the abuse of mentally ill patients.
- Photo: Contributed
