Live statuteSupportedNARacial hatred
s.11
Racial Discrimination Prohibition Act 26 of 1991
- Target
- Publicly using language, publishing or distributing written matter, displaying an article, or doing an act with intent to threaten or insult on racial grounds, incite hatred between racial groups, or disseminate ideas based on racial superiority
- Test
- Intent. « Article » includes a flag, insignia, or emblem. Substituted after S v Smith NO declared the original s.11(1) unconstitutional. Public-interest and good-faith defences live in s.14(2).
- Max
- Criminal offence; penalty in s.14 of the same Act as substituted by Act 26 of 1998
No person shall publicly use any language or publish or distribute any written matter or display any article or do any act or thing with intent to - (a) threaten or insult any person or group of persons on the ground that such person belongs or such persons belong to a particular racial group; or (b) cause, encourage or incite hatred between different racial groups or persons belonging to different racial groups; or (c) disseminate ideas based on racial superiority.
Official English, Racial Discrimination Prohibition Act 26 of 1991 s.11(1) as substituted by Act 26 of 1998, NamibLII / Ministry of Justice Law Reform consolidation. Working English is the official English of the Act.
Cite · Act 26 of 1991, s.11 (as substituted by Act 26 of 1998) · as of 2026-09-05
- Do not treat s.11 as Israel §24. Do not cite the pre-1998 s.11(1) as live — it was struck.
- Overlay. Prevention and Combating of Terrorist Activities Act 12 of 2012 is a different instrument and is not this quote.
- s.14(2) is a defence (public-interest / good-faith pointing-out), not this quote.