- Is amended by Racial Discrimination Prohibition Amendment Act, 1998
- Is amended by Affirmative Action (Employment) Act, 1998
- Is amended by Liquor Act, 1998
Racial Discrimination Prohibition Act, 1991
Act 26 of 1991
- Published in Government Gazette 328 on 23 December 1991
- Assented to on 12 December 1991
- Commenced on 23 December 1991
- [This is the version of this document from 22 December 2001 and includes any amendments published up to 1 December 2023.]
- [Amended by Racial Discrimination Prohibition Amendment Act, 1998 (Act 26 of 1998) on 21 September 1998]
- [Amended by Affirmative Action (Employment) Act, 1998 (Act 29 of 1998) on 18 November 1998]
- [Amended by Liquor Act, 1998 (Act 6 of 1998) on 22 December 2001]
1. DefinitionsIn this Act -“racial group” means a group of persons defined by reference to colour, race, nationality or ethnic or national origin.
2. Access to and use of public amenities and facilities
3. Provision of goods and servicesNo person engaged in any business, trade or profession for the provision of goods or services to the public, or any person employed by a person so engaged, shall -
4. Immovable propertyNo person who, whether as principal or agent -
5. Educational institutions
6. Medical institutions
8. AssociationsNo association of persons shall, whether by any provision in its constitution, or in accordance with any policy or practice -
9. Religious servicesNo person shall deny any other person access to any organised religious service conducted by a religious institution because such other person is a member of a particular racial group and not a member of that institution.
10. AdvertisementsNo person shall publish or display, or cause or permit to be published or displayed, any advertisement or notice that indicates an intention to perform any act prohibited in terms of sections 2 to 9, both inclusive.
11. Inciting racial disharmony
12. VictimisationNo person shall perform or cause to be performed any act to the detriment of any other person, or treat such other person less favourably than in those circumstances he or she treats or would treat other persons, on account of the fact, or because he or she suspects or believes, whether or not the suspicion or belief is justified or correct, that that other person -
13. ExemptionsNothing in this Act contained shall be construed as prohibiting the preferential treatment of any person pursuant to a policy or program contemplated in Article 23(2) of the Namibian Constitution which is aimed at the advancement of persons who have been socially, economically or educationally disadvantaged by discriminatory laws or practices which have been enacted or practised before the independence of Namibia.
14. Offences and penalties
15. Competent orders in relation to licences, registration certificates and other authorizations
16. Compensation for damages
17. Vicarious responsibilityIf any person who does or omits to do any act which constitutes an offence in terms of this Act, acted in a capacity of agent or employee, the employer or principal of the agent or employee shall be deemed himself or herself to have done or omitted to do such act if it is proven that -
18. Trial only at instance of Prosecutor-GeneralNo trial for an offence under this Act shall be instituted without the written authority given personally by the Prosecutor-General in each case.
19. Act binding on employees of StateThis Act shall bind all persons in the employment of the State.
20. ***[section 20 deleted by Act 6 of 1998]
21. Amendment of Act 59 of 1972The Admission of Persons to Namibia Regulation Act, 1972 is hereby amended by the addition in Schedule 1A of the following:“Contravention of any provision of the Racial Discrimination Prohibition Act, 1991 which constitutes an offence under that Act.”.
22. Repeal of Act 3 of 1979, Act 10 of 1980 and Act 21 of 1981
23. Short titleThis Act shall be called the Racial Discrimination Prohibition Act, 1991.
History of this document
22 December 2001 this version
Amended by Liquor Act, 1998
18 November 1998
Amended by Affirmative Action (Employment) Act, 1998
21 September 1998
23 December 1991
12 December 1991
Cited documents 1
Documents citing this one 16
- Namibia Government Gazette dated 1992-04-08 number 388
- Namibia Government Gazette dated 1992-08-31 number 471
- Namibia Government Gazette dated 1994-10-21 number 957
- Namibia Government Gazette dated 1994-12-06 number 992
- Namibia Government Gazette dated 1995-03-01 number 1038
- Namibia Government Gazette dated 1998-09-21 number 1959
- Namibia Government Gazette dated 1999-10-18 number 2207
- Namibia Government Gazette dated 2013-02-20 number 5137
- Africa Personnel Services (Pty) Ltd v Government of Republic of Namibia and Others (SA 51 of 2008)  NASC 17 (14 December 2009)
- Attorney General of Namibia v Prosecutor General of Namibia and Others (2 of 1993)  NAHC 11 (23 August 1993)
- S v Smith NO and Others (CC 95 of 1996)  NAHC 62 (27 September 1996)
- S v Smith and Others (CC 95 of 1996)  NAHC 16 (12 August 1996)