In Namibia, there has been no case filed against private actors for operations that contribute to climate change. Such cases can however be based on common law of delict (wrongful acts or omission) or nuisance (public and private nuisance).

For standing in such cases, the claimant must show a direct and substantial interest in the matter, and the interest must be current and actual (not hypothetical or remote) (Mweb Namibia (Pty) Ltd v Telecom Namibia Ltd and Others 2012 (1) NR 331 (HC); Uffindell v Government of Namibia 2009 (2) NR 670 (HC)).

The remedies that can be granted by courts include an abatement order to stop the emitting activities and damages to any persons who may have suffered a loss/injury for the activities challenged.

For more country specific context and relevant national climate change law see:

This country report has been produced by Lydia Omuko-Jung, C2LI Legal Analyst. The summary is based on Oliver C. Ruppel, “Country Report Namibia: Legal Climate Change Action and Constitutional Protection” in F. Sindico and M. Moise Mbengue, Comparative Climate Change Litigation: Beyond the Usual Suspects, Springer, 2021, in addition to further research conducted by Lydia Omuko-Jung, C2LI Legal Analyst.