Historically, in South West Africa, now Namibia, public indecency and offensive acts such as public urination and defecation stemmed from colonial-era public nuisance ordinances. They were prosecuted under South African common law and local municipal health or police bylaws rooted in Roman-Dutch law. These measures were used to control behaviour, preserve public order and appearance, and protect public health.

Today, such offences remain prohibited and are heavily penalised under common law public nuisance principles, national health legislation, and municipal regulations aimed at maintaining public hygiene and decency.

Colonial legacy

The colonial legacy of racial, unequal and separate development leaves thousands of residents in informal settlements without access to adequate, running water and sanitation. This lack of basic facilities creates a stark reality where open defecation is a daily necessity for a large percentage of the population, resulting in debates on the fairness of punishing urination and defecation in public when cities and towns lack free or accessible public restrooms.

Urbanisation

Public indecency is also driven by rapid urbanisation, homelessness and severe lack of accessible public sanitation infrastructure. These practices heavily impact densely populated urban areas and cultural communities. As such, it is a prominent and ongoing civic concern, particularly in our cities and towns.

Residents and local media frequently complain about the obnoxious practice, citing degradation of urban hygiene and public decency.

Today, walking or driving through the streets of our cities and townships, indecent exposures are real, in a manner that violates generally accepted community standards of modesty.

This reminds us of daily conditions, particularly in the informal settlements, where residents had to relieve themselves using buckets and plastic bags or use the bushes, and how they would throw these plastic bags, called “flying toilets”, in the direction of a wetland area next to the settlement or into riverbeds, ditches, streets or alleyways. Residents often walk long distances in the dark to ask shebeen owners or nearby residents in formal housing areas to use their toilets. Some are charged fees they cannot afford.

As a result, residents and passersby endure harsh daily conditions, including the pungent stench from nearby waste piles.

These are among the discomforts and degrading situations residents face every day.

Regulations & enforcement

In post-independence Namibia, the laws of public indecency, e.g., public urination and defecation, are enforced via specific municipal bylaws and regulations to control public lewdness and prevent the spread of diseases, especially along the streets, at traffic lights, intersections and roadsides.

The penalty for peeing or defecating in public spaces can result in steep fines reaching up to N$1 000 to deter repeat offences. Severe or repetitive public decency violations can carry statutory penalties of up to one year of imprisonment.

Underlying causes

A major driver of the problem is the severe lack of infrastructure, e.g., public toilets at dedicated loading ranks across the towns and cities, especially where taxi drivers and passengers converge. In addition, commercial banks also generally do not offer public toilets due to security risks, high maintenance costs, and the short nature of most customer visits. The lack of public restrooms at banks is a common reality in cities and towns for several specific reasons.

First, it is security concerns. Commercial banks house high-value assets and sensitive information. Restrooms create unmonitored blind spots where intruders could hide, potentially facilitating pop-robbery or internal security breaches.

Second is regular exclusions. Unlike restaurants or large retail centres, commercial banking halls are classified differently and are not typically bound by municipal bylaws to provide public convenience.

The lack of facilities at banks has sparked public debate and discussions in parliament recently, with lawmakers questioning how banks secure fitness certificates without providing proper public facilities for clients waiting in long queues.

Key strategies

Preventing public indecency requires a combination of accessible facilities, strict law enforcement, and health management.

Expanding public restroom availability and maintenance, increasing municipal or law enforcement patrols to issue fines, and utilising urban deterrents like bright lighting, motion-sensor alarms and landscaping could reduce the menace. Poorly lit alleys or building corners are prime spots for public elimination. Implementing clear signage warning of legal penalties and launching community awareness programmes highlighting the public health risks and the importance of using designated sanitation facilities are essential countermeasures.

In summary, public indecency is a serious environmental and public health concern that affects public comfort and community standards. Addressing it requires a combined approach that includes infrastructure development, affordable housing, clear social norms, community education, environmental design, and community-led behaviour change. Effective strategies must also address poverty, respect local customs, and provide dignified, accessible, and affordable sanitation facilities suited to both urban and rural communities.

Enforcement alone is rarely the most effective strategy for our society. While laws against public indecency are necessary to deter deliberate violations, relying on penalties is inefficient. There’s a need to launch targeted messaging highlighting the legal, social and emotional consequences of public indecency and to emphasise positive community standards of respect and modesty through local leadership and peer networks.

*Maj. Gen. (RTD) J. B. Tjivikua is a criminal intelligence analyst.