Renthia Kaimbi
Lawyer Norman Tjombe says Namibia cannot extradite former Democratic Republic of Congo (DRC) president Joseph Kabila because the DRC has indicated it will seek the death penalty against him.
“Namibia places a very high premium on the right to life, and the Constitution outlaws the death penalty. The Extradition Act unambiguously prohibits Namibia from extraditing anyone to a country where that person will receive the death penalty. DRC has made it known that it intends to impose the death penalty on its former president,” Tjombe said.
He added that Namibia’s laws also bar extradition in cases where trials are conducted in the absence of the accused.
“Whilst criminal trials in the absence of the accused persons are possible in some jurisdictions, the Namibian courts will never prosecute a person in his or her absence, and hence Namibia will not subject a person to extradition to serve a conviction obtained in the absence of that person. Trials in absentia are unfair,” he said.
Kabila is currently being tried in absentia in the DRC on charges including high treason, war crimes, homicide, torture, and orchestrating an insurrection linked to alleged support for the Rwanda-backed M23 rebel group.
A military prosecutor announced on Friday that the state is seeking the death penalty.
Kabila, who has been outside the DRC for two years and is reported to have spent time in Southern Africa, has described the trial as an “instrument of oppression”.
In Namibia, sources told the Windhoek Observer that Kabila owns property in Brakwater, outside Windhoek, and that it is an “open secret” he resides there.
However, press secretary in the Presidency Jonas Mbambo said the Presidency is not aware of Kabila’s whereabouts.
“The movement of former Heads of State is communicated through diplomatic channels, and that has not been brought to the attention of the Presidency as normally would be the case, for security reasons,” Mbambo said.
He confirmed that no official request or communication has been received from the DRC on the matter.
“Namibia is a party to international treaties and conventions on mutual legal assistance and extradition and remains committed to addressing any such requests in accordance with the Namibian Constitution, domestic laws, and international obligations. At this stage, no official request or communication has been received from the Democratic Republic of Congo on this matter,” he said.
The DRC government has already banned Kabila’s political party and seized his assets in the country.
Authorities acted after he re-entered the DRC through the rebel-held city of Goma in May 2025, an act they viewed as provocation.
Last year, the DRC lifted its moratorium on the death penalty, although no executions have yet been carried out.
