Article 6 of the Namibian Constitution protects the right to life. Naldi, author of 'Constitutional Rights in Namibia' writes (at p40) that 'it may be that the Namibian Constitution does not intend to protect unconditionally the foetus'.

S v Haimbodi 1993 NR 129: statutory crime to perform an abortion where the perpetrator is not a medical practitioner and where there is intent to kill a live foetus

In this case the accused was charged with a contravention with s10(1)(a) of the Abortion and Sterilisation Act 2 of 1975. It appeared that the Namibian Government continued to apply this statute which made it a statutory crime to perform an abortion where the perpetrator is not a medical practitioner and where there is intent to kill a live foetus. The court held the charge to be fatally defective. The accused was not represented and the court made to reference to the constitution.

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