By Molly Weylulu

Copyright namibian

Minister of justice and labour relations Wise Immanuel has announced the commencement of the High Court Amendment Act of 2024, a law that strengthens protections for Namibians at risk of losing their homes through debt recovery processes.

Speaking in parliament on Wednesday, Immanuel said the law, which came into effect on 22 August, corrects constitutional weaknesses in the previous system that allowed creditors to sell immovable property, including family homes without sufficient judicial oversight.

“The Amendment Act steps in to restore fairness. It ensures that selling someone’s immovable property, especially their primary residence, is not treated as a routine procedure, but as a measure of last resort,” Immanuel said.

Key changes include mandatory judicial authorisation before any immovable property can be sold in execution, compulsory court inquiries when a primary residence is at stake, and the possibility of alternative remedies such as attaching other assets, extending payment periods or authorising voluntary sales.

The act also empowers the judge president to set reserve prices and bidding conditions, ensuring that homes are not sold at undervalued prices.

Immanuel stressed that while creditors retain effective remedies, debtors are now shielded by meaningful protections.

“In simple terms, a person’s home can no longer be lost overnight without a judge carefully weighing the options first,” he said.

The reforms follow years of legal challenges and criticism of the old system, which was found to disproportionately favour creditors and undermine constitutional rights such as fair trial, access to justice and property protection.