LANGUAGE
Last updated: September 17th 2019

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)
 

Post signs

Yes
Fine, Jail
Analysis

The law requires the owner or person in charge of any public place, workplace or public conveyance to display prescribed signs and make a prescribed public announcement to inform persons of any smoking prohibitions.

The regulations provide for penalties for non-compliance to include a fine not exceeding N$4,000 or imprisonment for a period not exceeding 1 year, or both.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to the duty to post signs.

Remove ashtrays

No
None
Analysis

There is no specific duty imposed upon business owners, employers, and supervisors to remove ashtrays from the premises. However, the law requires owners or persons in charge of public places, workplaces, and public conveyances to ensure that no person smokes in such places.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or regulations should impose a duty upon the owner, manager or other person in charge of the premises to remove ashtrays from the premises.

Law Source, Section

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

Yes
Fine, Jail
Analysis

The law requires owners or persons in charge of public places, workplaces, and public conveyances to ensure that no person smokes in such places and the regulations sets out additional duties on owners or persons in charge of a premises including laying a complaint against a person who does not stop smoking when asked.

The regulations provide for penalties for non-compliance to include a fine not exceeding N$4,000 or imprisonment for a period not exceeding 1 year, or both.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in this regard.

Other

Yes
Fine, Jail
Analysis

The law provides for various specific protections of employees. Penalties for employers’ non-compliance include a fine not exceeding N$100,000 or imprisonment not exceeding 5 years, or both.

The law also authorizes any person to submit a complaint to an owner or person in charge of a public place, workplace or public conveyance, to which the owner or person in charge must respond and try to resolve the complaint. The regulations also provide penalties for non-compliance with the ban on smoking within 2 meters of any window, ventilation inlet or entrance and exist from a public place or workplace to include a fine not exceeding N$4,000 or imprisonment for a period not exceeding 1 year, or both.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)
 

Not to smoke where prohibited

Yes
Fine, Jail
Analysis

The law provides for penalties of non-compliance with the smoking ban including a fine not to exceed N$500 or to imprisonment not exceeding one month, or both.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in this regard.

Law Source, Section
Articles 1; 22(1); 22(6)