Rights activists have noted that, although prosecutions under the "sodomy" and "unnatural sexual offences" laws were infrequent, these laws have fostered ongoing discrimination against the LGBTQ community and instilled fear of arrest among gay men.

Namibia inherited the laws when it gained independence from South Africa in 1990, though same-sex acts between men were initially criminalised under colonial rule.

South Africa has since decriminalised same-sex sexual activity and is the only country on the African continent to allow LGBTQ couples to adopt children, marry and enter civil unions.