Answer grounded in published legislation
Your question
If my wife cheats on me, can I legally stab her in the arm?
No. Stabbing your wife would involve physical force and fall within the supplied definition of physical abuse in a domestic relationship 5. A domestic violence offence attracts the ordinary penalty for the underlying offence 1.
Her adultery may provide grounds to seek a divorce, subject to the stated time limit, but it does not authorise physical violence 6.
Verified sources
Where this answer comes from
Combating of Domestic Violence Act 4 of 2003
they are committed or alleged to have been committed against a person, or in relation to a person, with whom the person charged with those offences has a domestic relationship. (2) Any person found guilty of a domestic violence offence is liable on conviction to the penalties ordinarily applicable to the offence in question. Complaints
Combating of Domestic Violence Act 4 of 2003
Republic of Namibia 6 Annotated Statutes Combating of Domestic Violence Act 4 of 2003 (e) harassment, which means repeatedly following, pursuing or accosting the complainant, or a family member or dependant of the complainant, or making persistent unwelcome communications, and includes but is not limited to - (i) watching, or loitering outside or near the building or place where such person resides, works, carries on business, studies or happens to be; (ii) repeatedly making telephone calls or inducing a third person to make telephone calls to such person, whether or not conversation ensues; or (iii) repeatedly sending, delivering or causing the delivery of letters, telegrams, packages, facs...
Married Persons Equality Act 1 of 1996
consent of the other spouse institute legal proceedings against another person or defend legal proceedings instituted by another person, except legal proceedings - (a) in respect of his or her separate property; (b) for the recovery of damages, other than damages for patrimonial loss, by reason of the commission of a delict against his or her person;
Combating of Domestic Violence Act 4 of 2003
(3B) Any person whose presence is not necessary at criminal proceedings referred to in paragraphs (a), (b) and (c) of subsection (3A), shall not be present at such proceedings while the complainant in such proceedings is giving evidence, unless such complainant, or, if he or she is a minor, his or her parent or guardian or a person in loco parentis, otherwise requests.”. AMENDMENT OF THE ARMS AND AMMUNITION ACT, 1996 (ACT NO. 7 OF 1996) The Arms and Ammunition Act, 1996 (Act No. 7 of 1996) is amended in Schedule I by the addition of the following: “A domestic violence offence involving physical abuse as defined in the Domestic Violence Act, 2003”.
Combating of Domestic Violence Act 4 of 2003
domestic relationship, means engaging in any of the following acts or courses of conduct - (a) physical abuse, which includes - (i) physical assault or any use of physical force against the complainant;
Recognition of Certain Marriages Act 18 of 1991
Republic of Namibia 11 Annotated Statutes Recognition of Certain Marriages Act 18 of 1991 In divorce proceedings, causes of the breakdown of marriage shall be established and stated in the decree of divorce. Article 59. Either spouse may seek the divorce on the grounds of adultery committed by the other spouse. Rights to seek the divorce shall expire in this case one year after the adultery has been discovered. Article 60. A spouse whose life has been endangered by the other spouse may seek the divorce. Divorce may be sought even when the other spouse has only been aware that a third party has been endangering the life of his/her spouse and has ommitted to protect or inform the latter. [The...