SA and Namibia Sign Correctional Services MoU for Offender Transfers

Posted 17 July 2026 Written by Acts Online
Category Legal

Brought to you by SAnews: The South African government has signed a bilateral Memorandum of Understanding (MoU) with the Republic of Namibia to establish a framework for the interstate transfer of sentenced offenders.

In terms of the Correctional Services Act, No. 111 of 1998, proposed legislative amendments have been drafted to enable the future transfer of sentenced offenders between South Africa and foreign jurisdictions. These draft amendments are currently before the National Council for Correctional Services (NCCS) for comment and input, preceding the formal parliamentary legislative process. The South Africa–Namibia Bi-National Commission has committed to finalizing the enabling legislative tool by mid-2027.

The MoU, signed by South Africa’s Minister of Correctional Services, Dr Pieter Groenewald, and Namibia’s Minister of Home Affairs, Immigration, Safety and Security, Lucia Iipumbu, marks the second such bilateral agreement, following a similar accord recently concluded with Botswana. The agreement establishes a framework for technical cooperation between the Department of Correctional Services (DCS) and the Namibian Correctional Service.

The primary objectives of the proposed legislative framework and bilateral cooperation include:

  • Rehabilitation Support: Allowing foreign national offenders to serve sentences in their countries of origin to leverage family and community support structures.
  • Incarceration Cost Reduction: Easing budgetary and capacity pressures on the South African correctional system by reducing the foreign offender population.
  • Technical Cooperation: Sharing best practices and operational standards between the respective national correctional services.

What this means for you, your business, or your clients

  • For yourself: No direct individual compliance obligations; monitor the progress of the Correctional Services Act amendment Bill through Parliament for professional awareness of cross-border criminal justice developments.
  • For your business: Legal practices specializing in criminal law, human rights, or immigration must prepare for future cross-border transfer application procedures once the enabling legislation is enacted, expected by mid-2027.
  • For your clients: Foreign national clients currently serving sentences in South Africa, or South African citizens incarcerated in Namibia, may eventually apply for bilateral transfer to their home country once the legislative framework is fully operational.

Originally published at https://www.sanews.gov.za/south-africa/sa-namibia-sign-agreement-transfer-sentenced-offenders

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