By Wise Immanuel

Copyright namibian

Minister of justice and labour relations Wise immanuel in parliament, Windhoek, 17 September 2025

On 22 August 2025, a significant milestone was reached in Namibia’s justice system. The long-awaited High Court Amendment Act, 2024 (Act No. 2 of 2024), officially came into effect. This law was born out of a need to correct constitutional weaknesses in how immovable property, especially family homes, could be sold in execution to recover debts.

At its core, the amendment rebalances the scales of justice: It protects the dignity and rights of debtors while ensuring creditors still have lawful means to recover what they are owed.

SIGNIFICANCE

Before this reform, the system leaned heavily in favour of creditors. Once a default judgment was granted, a creditor could move straight to selling a debtor’s immovable property – even if there were other, less severe options available. For families, this often meant losing their homes without the safeguard of a fair judicial process.

Courts rightly found this approach constitutionally flawed, as it placed fundamental rights – such as the right to access courts, to a fair hearing, and to the protection of property – at risk.

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.

KEY PROTECTIONS

Judicial oversight is now compulsory The law introduces section 35A into the High Court Act 1990. From now on, no immovable property may be sold in execution without the express authorisation of the High Court. A judge must carefully examine the case and be satisfied that the debtor has no sufficient movable property – such as vehicles or equipment – to cover the debt.

Mortgage bonds remain an exception Where a property is secured by a mortgage bond, creditors are not required to prove that there are no sufficient movable assets.

Stronger safeguards for primary homes If the property at risk is a person’s primary residence, the court must go further: it must hold an inquiry under the High Court rules. Only if the court is convinced that selling the home is the most appropriate and just option may it grant the order.

Alternatives to forced sales Recognising that there are often less destructive ways to settle a debt, the Act gives courts power to craft alternative remedies, such as:

attaching other assets first,

granting more time to pay,

authorising a voluntary sale,

transferring the debt obligation to a willing relative, or

issuing any other order the court finds just and practical.

This flexibility ensures that justice is tailored to circumstances, rather than applied with a blunt instrument.

PROCEDURES AND PROTECTIONS

The reforms also brought changes to the High Court Rules, particularly through Rule 108A, which sets out clear procedures:

creditors must make a formal application,

debtors must be given proper notice,

independent valuations must be filed,

debtors have the right to oppose or propose alternatives, and

hearings are held where both sides can be heard.

In addition, the judge-president now has the power to set reserve prices and bidding conditions, preventing homes from being sold off at a fraction of their true value.

EFFECTIVE DATE

Although the Act was signed in April 2024, it officially took effect on 22 August 2025, when the government issued the commencement notice. From that day, all the new protections and procedures became binding law.

WHY IT MATTERS

These changes mark a decisive shift towards fairness and dignity in debt recovery. Creditors still have effective legal remedies, but debtors, especially those at risk of losing their primary homes, are now shielded by meaningful judicial oversight and alternatives.

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

The High Court Amendment Act, 2024, is more than a technical legal adjustment; it is a human-centred reform. It ensures that people do not lose their homes without judicial scrutiny, that creditors act within fair boundaries, and that courts have the tools to seek balanced solutions.

With its commencement on 22 August 2025, Namibia has taken a firm step toward justice that is not only lawful but also humane, fair, and protective of the dignity of its people.

I thank you, and so submit.