The Child Care and Protection Act, Act 3 of 2015 was promulgated in Gazette 5744 of 29 May 2015, to give effect to the United Nations Convention on the Rights of the Child, the African Charter on the Rights and Welfare of the Child and other international agreements binding on Namibia.

The Act will commence on a future date to be published by the Minister by notice in the Gazette. It provides for a penalty not exceeding N$ 50,000 or imprisonment not exceeding 10 years or both, for offences relating to abuse, neglect, abandonment or maintenance of a child. It also provides for the state paying a maintenance grant, a child disability grant and a foster parent grant, in an amount and frequency as determined by the Minister by regulation.

The Act aims to:

• give effect to the rights of children;
• set out principles relating to the best interests of children;
• set the age of majority at 18 years;
• provide for the appointment of a Children’s Advocate;
• provide for the establishment of a Children’s Fund;
• make provisions relating to children’s courts;
• provide for residential child care facilities, places of care and shelters;
• provide for proof of parentage and parental responsibilities and rights in respect of children born outside marriage and children of divorced parents;
• provide for custody and guardianship of children on the death of the person having custody or guardianship;
• provide for kinship care of children;
• provide for prevention and early intervention services in relation to children;
• provide for foster care;
• provide for the issuing of contribution orders;
• provide for the domestic adoption and inter-country adoption;
• combat the trafficking of children;
• provide for provisions relating to persons unfit to work with children;
• provide for grants payable in respect of certain children; and
• create new offences relating to children.

Once the Act commences the following laws will, amongst others, be repealed in the whole:

• Children’s Act, 1960,
• Children’s Status Act, 2006 and
• Age of Majority Act, 1957

Once the Act commences the following laws will be amended:

• the Combating of Domestic Violence Act, 2003,
• the Combating of Immoral Practices Act, 1980,
• the Liquor Act, 1998,
• the Administration of Estates Act, 1965,
• the Marriage Act, 1961; and
• the Criminal Procedure Act, 1977