President Hage Geingob has signed a proclamation to pardon 1 023 prisoners in commemoration of Namibia’s 30th Independence anniversary.
Namibia reached 30 years of self-rule on 21 March 2020, but the event was cancelled because of Covid-19.
Geingob, however, said he was exercising his Constitutional powers to pardon certain classes of prisoners.
The Proclamation issuing the pardon or reprieve was Gazetted on 15 May 2020.
The Namibian Correctional Service has since been directed to implement the pardon and
reprieve and such implementation already started on Monday, 18 May 2020.
As of 21 March 2020 a total of one thousand and twenty-three (1023) sentenced offenders were
identified to benefit from the pardon and reprieve.
Those pardoned are those:
- those serving sentences of imprisonment whose conditional release on full parole or remission of sentences have been approved prior to or on 21 March 2020;
- those serving sentences of imprisonment of 12 months or less and who, on or before 21 March 2020, has served half or more of their sentences;
- those of the age of 60 years or older and who have, during their incarceration in a correctional facility, maintained good discipline and shown good character and who, once released, are likely not to pose any risk to society; and
- those serving sentences of imprisonment of 12 months or less and who, on or before 21 March 2020, have not yet completed half of their sentences, in which case the pardon is to become effective on the date that they complete serving half of their sentences.
- The reprieve of a period of three months has been granted to sentenced offenders who –
- are serving sentences of more than 12 months but not more than two years and who, on or before 21 March 2020, has served half or more of their sentences; and
- are serving sentences of more than 12 months but not more than two years and who, on or before 21 March 2020, have not yet completed half of their sentences, in which case the reprieve is to become effective on the date they complete serving half of their sentences.
- The reprieve of a period of six months has been granted to sentenced offenders who –
- are serving sentences of imprisonment of six months and more and who, on or before 21 March 2020, have served three-quarters of their sentences and have been classified to minimum security for a consecutive period of six months;
- are serving sentences of imprisonment of six months or more and who, on or before 21 March 2020, have served three-quarters of their sentences and have been classified to minimum security but not for a consecutive period of six months, in which case the reprieve is to become effective on the date they complete being in the minimum security classification for a consecutive period of six months;
- are serving sentences of imprisonment of six months or more and who, on or before 21 March 2020, have served three-quarters of their sentences and have been classified to A-group for a consecutive period of six months; and
- are serving sentences of imprisonment of six months or more and who, on or before 21 March 2020, have served three-quarters of their sentences and have been classified to A-group but not for a consecutive period of six months, in which case the reprieve is to become effective on the date they complete being in A-group for a consecutive period of six months.
Those serving jail terms for the following crimes do not qualify for the reprieve.
- sentenced offenders who are convicted of:
- murder;
- attempted murder;
- rape;
- treason;
- assault causing grievous bodily harm;
- robbery with aggravated circumstances;
- housebreaking with aggravated circumstances;
- illicit possession, conveyance, or supply of dependence-producing drugs;
- any offence under the Nature Conservation Ordinance;
- any offence under the Controlled Wildlife Products and Trade Act; or
- illicit dealing in or smuggling of ammunition, firearms, explosive or armament;
- sentenced offenders who have been released under any previous presidential pardon or reprieve since Namibia’s Independence and have again been convicted of any offence committed after they had been pardoned or reprieved;
- sentenced offenders who, on 21 March 2020, have further charges pending;
- sentenced offenders who previously were released on parole or remission of sentences but violated the parole or remission conditions by committing other offences while on parole or remission of sentences; or
- sentenced offenders who escaped from correctional facilities and while at largely committed offences.