Toothless law failing Namibia’s animals – SPCA

Animal cruelty remains a persistent crisis in Namibia, and the 224 cases reported so far this year are only a fraction of the true picture, with not a single conviction secured.

SPCA Namibia says much of the abuse goes unreported, particularly outside the larger towns, while an outdated law and a severe lack of resources are leaving animals unprotected.

National Director Silke van der Merwe told Namibian Sun the problem is not getting any better.

“Cruelty remains a serious and persistent problem in Namibia,” she said.

“There seems to be a slight increase over the years, but that could also be due to better data and more reporting. The honest answer is that the problem is not shrinking, and much of it still goes unreported, especially outside the larger towns,” she said.

Even when cases are reported, the law offers little deterrent. Namibia still relies on the outdated and toothless Animals Protection Act 71 of 1962.

The maximum penalty for the contravention of the Act is N$200, irrespective of the severity of the offence.

“That is less than the cost of one bag of dog food. No animal cruelty case has ever been successfully fought in court,” Van der Merwe said.

Toothless law

She said the outdated law is compounding the problem: inspectors can do excellent work on a case, but without meaningful penalties there is little to deter repeat offenders.

The SPCA and other animal protection groups are calling on parliament to pass the long-awaited Animal Protection and Welfare Bill, and urging police to treat cruelty as a real crime and municipalities to enforce by-laws and support affordable sterilisation drives. They also want the City of Windhoek to compensate SPCA Windhoek for dog impounding, a municipal mandate under the Local Authorities Act of 1992.

To abusers, Van der Merwe had a blunt message: stop. An animal in your care depends on you completely, she said, and feels pain and fear just as you do.

“If you are struggling, ask for help or contact the SPCA and we will help you, or take the animal in, with no judgement,” she advised. “But if you choose cruelty, know that your neighbours are watching, we will act on every report, and we will open a criminal case.”

SPCA data for 2024/2025 shows most cases were resolved through education and warnings, or by taking the animal into care. Only one to three criminal cases were opened with police, and none led to prosecution or conviction.

“The gap between reports and convictions is the clearest sign of how weak our current law is,” Van der Merwe said.

Lacking resources, staff and awareness

Across seven branches, the SPCA is caring for about 600 animals, with shelters at or above capacity. The Windhoek branch alone took in 410 animals in October.

Neglect is the most common form of cruelty, Van der Merwe said: animals left without food, clean water, shelter, shade or veterinary care.

Keeping dogs permanently chained, often on chains that are too short and in the sun, is second, followed by starvation of livestock and working animals, beating, poisoning, abandonment, dog theft and a rise in dog fighting.

Most reports come from Windhoek, Walvis Bay, Otjiwarongo and the Oshana region, not because cruelty is worse there, but because that is where inspectors or SPCA branches are based, she said.

Namibia has only four inspectors for more than 820 000 square kilometres: two in Windhoek, one in Otjiwarongo and one in Oshakati.

“This is not enough. Several of our branches have no dedicated inspector, and most of the country, particularly rural and northern regions, has no SPCA presence at all,” Van der Merwe said.

Funding remains the SPCA’s biggest challenge. The organisation receives no regular government funding and relies entirely on donations, fundraising and adoption fees, while veterinary costs, food and fuel keep rising.

The public can report cruelty at 081 124 4520, at their nearest SPCA branch, or via www.spcawindhoek.org.na, with the exact location and photos if it is safe to take them. A social media post alone will not trigger an investigation.

Bill gathers dust for seven years

Introduced in 2019, the Animal Protection and Welfare Bill proposes tougher penalties across the board for animal cruelty and neglect. General maltreatment or abandonment of animals would carry a fine of up to N$10 000, a jail term of up to five years, or both.

Abuse, neglect, bodily alterations, disablements, removals and setting traps, including laying poison, would carry a fine of up to N$20 000, up to 10 years in prison, or both.

Animal torture would attract a fine of up to N$25 000, up to 15 years in prison, or both.

Animal fighting would carry the harshest penalty. Anyone who causes, sponsors, arranges, holds or encourages the fighting or injuring of animals for sport, amusement or financial gain would face a fine of up to N$200 000, up to 15 years in prison, or both.

The bill also broadens the definition of “animal” to mean “any non-human, living creature”. The Animal Protection Act previously covered only “a vertebrate, excluding a human”.

When the bill was introduced in 2019, animal rights advocates argued that better animal welfare is closely tied to better lives for people, and that the legislation would benefit other parts of society too.

They pointed to growing global recognition of a link between violence towards animals and violence towards humans, citing research that found 61.5% of convicted animal-abuse offenders in one country had also assaulted women or children, 17% had committed sexual abuse and 8% had arson convictions.

Namibians advocating for enhanced animal protection laws have long referenced a saying commonly attributed to Mahatma Gandhi.

“The greatness of a nation and its moral progress can be judged by the way its animals are treated.”