support on such terms and conditions as may be determined by it of

(i)

a housing fund for the provision of housing to its officers and employees;

(ii)

associations or institutions for the pro

motion of the interests of its officers and employees;

(iii) aid funds for the rendering of assistance to its officers and employees or their dependants;

Limitation of liability.

Powers of employees of Corporation to maintain order upon property and agreement to render security services.

Act No.9, 1991

Use of television sets and issue against payment of television licences by Corporation in respect of possession or use of television-sets.

(i)

is in possession of a licence issued under subsection (3)(a); or

(ii)

is entitled to so use a television set by virtue of an exemption granted by or under any regulation; or

(iii) is entitled to so use a television set by virtue of any permission granted under a licence issued under subsection (3)(b); or

which, he or she, by virtue of an exemption

granted by or under any regulation, is en

titled to use it for the reception of broadcasts

in a broadcasting service;

(ii) he or she is a person to whom such television set is hired out or in any other manner made available by a radio dealer under a television licence issued to that radio dealer under subsection (3)(c).

the issue of such licence, notice has been given to the Corporation under such circumstances, in the manner and at the time as may be prescribed by regulation;

to receive anything broadcast in a broadcasting serVIce;

television sets which he or she has in his or

her possession in connection with his or her

business as a radio dealer, to receive, for the

purpose of demonstrating such television set

or television sets to such prospective buyer or

hirer for a period in that licensing year not

exceeding 14 days, anything broadcast in a

broadcasting service, even if such prospective

buyer or hirer is not in possession of a licence

issued under this section.

Act No.9, 1991

Inspectors.

NAMIBIAN BROADCASTING ACT, 1991

of receiving anything broadcast in a broadcasting service, and may in its discretion seal that television set free of charge in order to prevent the use thereof for such purpose.

18. (1) Any person authorised thereto by the Corporation in writing, may at any reasonable time

(a)

require any person who is required to be in possession of a television licence, to produce such licence to him or her for inspection;

(b)

require any person who has the possession or custody of a television set, or the owner, occupier or person in control of any premises in or on which there is any television set, to produce such television set to him or her for examination or to furnish such information as he or she may be able to furnish and which may be necessary in order to ascertain whether the provisions of this Act have been complied with in relation to that television

(c) require any radio dealer to produce to him or her for inspection the documents kept by him or her in terms of section 12(2) of the Radio Act, 1952

(d)

enter upon any land in so far as it may be necessary in order to exercise any power conferred upon him or her under this section.

(2)

(a) Any person referred to in subsection (1) who exercise any powers or carries out any functions under this section shall, on demand by any

person, produce for inspection his or her written authorisation referred to in that subsection.

(b)

The Corporation may from time to time authorise any member of the Namibian Police Force established under section 2 of the Police Act, 1990 (Act 19 of 1990), to assist the Corporation in the exercise of any power or the carrying out of any function under this section.

Loans by Corporation.

Government Gazette 19 June 1991

NAMIBIAN BROADCASTING ACT, 1991

19. (1) The Corporation may

(a)

with the approval of the board raise moneys at any time by way of loans repayable within a period not longer than 5 years by overdrawing its account with a bank or in any other manner, to meet any casual deficits that may arise from time to time;

(b)

with the approval in writing of the Minister previously obtained in every particular case, raise moneys by way of any other loan in such an amount as may be authorised by the Minister.

(2)

When approval is granted to the Corporation under paragraph (b) of subsection (1) to raise a loan, the Corporation may raise such loan on such conditions and in such manner as may be determined by the Minister by stock or debentures issued in Namibia.

(3)

Every loan contemplated in paragraph (b) of subsection (1) and any interest or other charges due in respect of such loan, shall be a first charge on all the revenues and assets of the Corporation and on all fees and

charges received or to be received by it.

20. (1) Subject to the provisions of section 34(6), the Corporation shall maintain

(a)

a general fund into which shall be paid all moneys appropriated by law for the benefit of the Corporation and all other moneys received by the Corporation, and from which all payments by the Corporation for which no provision is made by means of the depreciation fund or the redemption fund shall be made;

(b)

a depreciation fund into which an amount determined by the board shall be paid from the general fund at the end of each financial year of the Corporation and which shall be utilised for the

NAMIBIAN BROADCASTING ACT, 1991

(c)

a redemption fund into which shall be paid all interest derived from the investment of moneys in terms of subsection (2) in equal annual payments determined by the board which shall be a sum not less than a sum as will, with accumulations in the way of compound interest at the rate of 10 per cent per annum, be sufficient to redeem any loan raised under section 19(1)(b) within the period of such a loan, and from which shall be paid all amounts necessary in respect ofthe redemption of any such loan.

(2)

Notwithstanding the provisions of subsection (1), the Corporation may

(a)

invest, with such financial institution as may be approved by the Minister, any moneys in the depreciation fund and the redemption fund which are not required for immediate use or as a reasonable working balance;

(b)

transfer any moneys in the depreciation fund to the general fund, with the approval in writing of the Minister previously obtained in every particular case and subject to such conditions as may be determined by him or her, which may include a condition regarding the repayment of such moneys into the depreciation fund and the period within which and the manner in which such moneys shall so be repaid;

(c)

repay any amount transferred under paragraph

(b)

from the general fund into the depreciation fund.

21. (1) The Corporation shall keep proper account of all moneys received or expended by it and of all its assets, liabilities and financial transactions.

(2) The provisions of Chapter XI of, and of Schedule 4 to, the Companies Act, 1973 (Act 61 of 1973), except sections 285, 302, 306' and 310 and the provisions in connection with offences, shall apply mutatis mutandis and subject to the provisions of subsection (3) of this section, to the Corporation as if it were a public company with a share capital and as if a corporate body established

by the Corporation under section 4( 1)(0) of this Act were a subsidiary of which the Corporation is a holding company.

No. 223 Act No.9, 1991

NAMIBIAN BROADCASTING ACT, 1991

(3)

For the purposes of subsection (2) any reference in the relevant provisions of the Companies Act, 1973

(a)

to an obligation to lay annual financial statements and reports before an annual general meeting of the company or to send it to members or holders of debentures of a company or to the Registrar of Companies, shall be construed as a reference to an obligation to lay such statements and reports before the Minister within 6 months after the end of each financial year of the Corporation or within such further period as the Minister may allow, or to send it to the Minister, as the case may be;

(b)

to the Registrar of Companies or a member of a company, shall be construed as a reference to the Minister;

(c)

to the registered office of a company, shall be construed as a reference to the head office of the Corporation;

(d)

to that Act, shall be construed as a reference to the relevant provisions thereof as applied by this section;

(e)

in the case of section 284(3), to the territory of South West Africa, shall be construed as a reference to Namibia,

and section 226 of the Companies Act, 1973, shall for the purposes of section 295 thereof as applied by this section, be deemed to apply mutatis mutandis to the Corpor,ation.

(4) The financial year of the Corporation shall end on the last day of March in each year.

22. (1) The Corporation shall cause its books and accounts to be audited by the Auditor-General or any competent person employed in his or her office designated by the Auditor-General ,for such purpose.

(2) The board shall produce and lay before the

Auditor-General all books and accounts of the Corporation with all vouchers in support thereof, and all books, papers and writings relating thereto which are in its

possession or control.

(3)

For the purposes of the audit, the Auditor-General or such person designated by him or her in terms of subsection (1), may hear and receive evidence upon oath (which he or she is hereby empowered to administer) or affirmation, and may by written notice under his or her hand, require any person to appear before him or her in person at a time and place specified in such notice, to give information or produce books or documents necessary for the audit.

(4)

Any person appearing in terms of such notice

shall be paid such witness fees and allowances as he or she would have been entitled to, had he or she been appearing at a magistrate's court as a witness.

(5)

The Auditor-General or such designated person

(a)

shall disallow any payments made without proper authority according to law, and report the disallowance to the board;

(b)

shall charge against the person who made or authorised the payment in question, so much of that payment as is not condoned by the board;

(c)

shall charge against the person responsible therefor

(i)

so much of the amount of any deficiency or loss arising from negligence or misconduct of that person as is not condoned by the board, if any; or

(ii)

so much of any amount which ought to have been but was not brought into account by that person as is not condoned by the board, if any: Provided that no amount shall be condoned where such deficiency or loss is a result of theft or fraud by that person;

(d)

shall certify in every case that the amount so charged is correct.

(6)

Any amount so charged and certified by the

Auditor-General or such designated person shall be paid by that person against whom it has been charged to the Corporation within 14 days after it was so certified, and, if

No. 223 Government Gazette 19 June 1991 Act No.9, 1991 NAMIBIAN BROADCASTING ACT, 1991

Expropriation Corporation.

not so paid, may be recovered from that person as a debt by the Corporation.

(7)

It shall be the duty ofthe Auditor-General or such designated person, in addition to his or her ordinary duties to audit the books and accounts of the Corporation, to certify not less than once in every year

(a)

whether or not, in his or her opinion

(i)

the accounts of the Corporation are in order;

(ii)

such accounts present a true and correct view of the financial position of the Corporation and of its transactions;

(iv)

the value ofthe assets of the Corporation has been correctly stated; and

(b)

whether or not

(i)

the amounts to be paid into the general fund and the depreciation fund have been so paid;

(ii)

all his or her requirements and recommen

of land by 23. (1) Notwithstanding anything to the contrary contained in any law, the Corporation may, with the approval in writing of the Minister previously obtained in every particular case and subject to such conditions as may be determined by him or her and to the obligation to pay just compensation, expropriate in accordance with the provisions of sections 5 to 19 of the Expropriation Ordinance, 1978 (Ordinance 13 of 1978), any immovable property, including any right in or over immovable property or so take the right to use temporarily any immovable property required

(a) for the erection of broadcasting stations or any installations and facilities in connection there

Exemptions.

NAMIBIAN BROADCASTING ACT, 1991

(b)

for an access road to such stations or installations, or for a wayleave for the construction and use of any such road or the erection, maintenance or inspection of power or program lines.

(2)

The Minister shall not grant the approval referred

to in subsection (1) unless he or she is satisfied, after

considering a report by the board, that the Corporation is

unable to acquire the immovable property or right in

question upon reasonable terms by agreement with the owner, and that it is necessary that such immovable property or right be acquired by the Corporation for a purpose contemplated in subsection (1).

(3) For the purposes of subsection (1) a reference in the relevant provisions of the said Expropriation Ordinance, 1978, to the Cabinet, the Minister, the Administration or to the State, shall be construed as a reference to the Corporation.

24. (1) Notwithstanding anything to the contrary contained in any law

(a)

the income of the Corporation shall be exempt from income tax;

(b)

no transfer duty, office fee or other moneys shall be payable in respect of the acquisition of immovable property by the Corporation;

(c)

no stamp duty shall be payable in respect of any document if the stamp duty thereon would according to law be payable and have to be borne by the Corporation, and no stamp duty shall be payable in respect of the registration of the transfer of marketable securities issued by the Corporation.

(2)

The provisions of section 8(1)(a), (d) and (e) and sections 9(3) and 10 of the Publications Act, 1974 (Act 42 of 1974), shall not apply in relation to any publication or object produced, possessed or imported by the Corporation.

25. (1) The board shall furnish the Minister not later than 30 days before the tabling of the budget in the National Assembly in each year with a report on the work

NAMIBIAN BROADCASTING ACT, 1991

of the Corporation during its immediately preceding financial year, together with a balance sheet and complete statement of revenue and expenditure for that financial year, which have been audited by the Auditor-General and his or her report in respect of such auditing, and shall in the report so furnished give particulars in relation to

(a)

the book value of all classes of property owned by the Corporation;

(b)

the amount of securities for loans still outstanding, and the interest thereon, whether paid or unpaid;

(c)

the position of every fund of the Corporation;

(d)

the expenses of management and administration and all other expenses of the Corporation;

(e)

the costs incurred in respect of the erection and construction, repair, improvement or alteration of any plant, equipment or building;

(f)

the price or rent of any immovable property acquired or hired;

(g)

the name of every political party of which any speech by a member thereof or any part of such

speech was broadcast for a period longer than 3 minutes, the time allowed for such broadcast and the hour at which such broadcast took place; and

(h)

any other matter which the Minister may require the board to deal with.

(2)

The Minister shall table every report furnished in terms of subsection (1) in the National Assembly within 7 days after receiving it, if the National Assembly is then in cession, or, if the National Assembly is not then in cession, within 7 days after the commencement of its next ensuing seSSIOn.

Delegation of powers Corporation.	of	26. (1) The Corporation may, with the approval in writing of the Minister previously obtained in every
		particular			case		and on such conditions						and against			pay
		ment	of such			compensation			as	may		be determined						by
		mutual		agreement				between	the		Corporation				and		the
		Postmaster-General						or any local authority						or other body

Government Gazette 19 June 1991 No. 223 Act No.9, 1991 NAMIBIAN BROADCASTING ACT, 1991

Regulations.

established by or under any law, authorise the Postmaster-General, or the local authority or body in question, as the case may be, to exercise or perform, on behalf of the Corporation, any power (other than the power to make regulations), duty or function conferred or imposed upon the Corporation by this Act in relation to the issue of television licences and the collection of the fees prescribed by regulation (including any penalty incurred in connection therewith), the authorisation of persons under section 18 or any other matter relating to television licences.

(2) The Corporation may authorise any radio dealer in writing, on such conditions as the Corporation may determine, to issue any television licence and to collect the fees therefor, including any penalty incurred in connection therewith, on behalf of the Corporation.

27. (1) The Minister may make regulations in relation to

(a)

the fees that shall be payable in respect of television licences or in respect of the transmission of programmes by way of cables or wires as contemplated in section 4(1)(c) or in any other manner;

(b)

the conditions subject to which television licences may be issued;

(c)

(i) the exemption from the obligation to be in possession of a television licence of, or the granting of such exemption to, a person referred to in section 16, or a member of a household of which another member is in possession of a television licence, or is a person to whom a television licence, or is a person to whom a television set has been hired out or in any other manner been made available in accordance with a television licence issued under section 16(3)(c);

(ii)

the affiniry or other basis by virtue of which persons shall be regarded as members of the household for purposes of such regulations;

Act No.9, 1991 NAMIBIAN BROADCASTING ACT, 1991

(d) the exemption of or the granting of exemption to any person who, in terms of any television licence or permission granted thereunder or in terms of any exemption granted to him or her under any regulation contemplated in paragraph (c), is entitled to use a television set at a particular place for the reception of anything broadcast in a broadcasting service, from any prohibition on such use of that television set at any other place, if that television set belongs to a category defined in

(e)

any matter arising from the provisions of sections 7 and 13;

(f)

any other matter which in terms of the provisions of this Act is to be prescribed by regulation.

(2)

Different fees or different conditions may be prescribed under subsection (I)(a) or (b) for

(a)

different television licences or television licences issued for different periods in a licensing year; or

(b)

different television licences issued to

(i)

persons belonging to different categories; or

(ii)

different owners or managers of businesses or institutions who make available different quantities of television sets; or

Offences and presump-28. (I) Any person who

(a)

contravenes or fails to comply with any provision of section 16;

(b)

contravenes or fails to comply with a condition of a television licence;

Act No.9, 1991

(c)

uses a television set in contravention of a permit issued under the provisions of section 17;

(d)

fails or refuses to produce any television licence

(e)

obstructs or hinders any person authorised under section 18 in the exercise of his or her powers under that section;

(f)

contravenes or fails to comply with any provision of a regulation made in compliance with this Act;

(g)

after having been required by notice in terms of section 22 to appear before the Auditor-General or designated person referred to in that section

shall be guilty of an offence and liable on conviction to a fine not exceeding R2 000 or, in default of payment, to imprisonment for a period not exceeding 6 months, and the court convicting him or her may, in addition to any penalty that it may impose, order

(i)

the confiscation to the State of any television set in connection with or by means of which the offence was committed; .

(ii)

the payment of all arrear licence fees and any amounts incurred as a penalty in terms of section 16.

(2)

Any order made under paragraph (ii) of subsection (1) shall have the same effect as, and may be executed as if it were, a civil judgement in favour of the

Corporation.

No. 223 Act No.9, 1991

Liquidation of Corporation.

Prohibition on use of certain names.

Satisfaction of judgement.

Application of Act 61 of 1973.

Government Gazette 19 June 1991

NAMIBIAN BROADCASTING ACT, 1991

(3)

If in any prosecution for a contravention of any provision of

(a)

paragraph (a) of subsection (1), it is proved that the accused had a television set in his or her possession at any time or that he or she was the occupier of any premises on which a television set was found at any time, he or she shall be presumed, unless the contrary is proved, to have used such television set, while it was in his or her possession or in or on those premises, for the reception of broadcasts in a broadcasting service;

(b)

paragraph (c) of subsection (1), it is proved that the seal of a television set that has been sealed in accordance with the provisions of section 17 has been broken, it shall be presumed, unless the

1. The Corporation shall not be wound up except by or under the authority of an Act of Parliament.
2. No person shall carryon business, and no company shall be registered under the Companies Act, 1973 (Act 61 of 1973), or any other law, under a name which is identical to the name of the Corporation or which corresponds in such a manner therewith that it could be misleading, or which includes the word "broadcast" or "broadcasting", or any derivative thereof, in conjunction with the word "National", "Namibia", "Namibian", "State" or "Corporation", or any derivative thereof.
3. No execution, attachment or like process shal1'in any legal action or proceedings be issued against the Corporation as the nominal defendant or respondent or against any property of which the ownership vests in the Corporation, but the Director-General shall cause the amount (if any) which may be required to satisfy any judgment or order given or made against the nominal defendant or respondent in any such action or proceedings to be paid out of the revenue of the Corporation.
4. The Minister may by notice in the Gazette declare that any provision of the Companies Act, 1973 (Act 61 of 1973), which is not inconsistent with the provisions of this

Government Gazette 19 June 1991 No. 223 NAMIBIAN BROADCASTING ACT, 1991

Act, shall apply in relation to the Corporation with such modifications as he or she may determine, and he or she may at any time amend or withdraw any such proclamation by like proclamation.

33. The provisions of section 16 shall be binding on the State.

of 34. (1) Subject to the provisions of subsections (2),

(3), (4), (5), (6) and (7), the laws specified in the Schedule are hereby repealed or amended to the extent indicated in the third column of that Schedule.

(2)

On the date of commencement of this Act

(a)

all the assets, liabilities, rights and obligations of the South West African Broadcasting Corporation established by section 2 of the Broadcasting Act, 1976 (Act 73 of 1976), shall vest in the Corporation;

(b)

any person who immediately before that date was in the employment of the South West African Broadcasting Corporation established by section 2 of the Broadcasting Act, 1976 (Act 73 of 1976), shall become an officer pr employee of the Corporation as if such person were' appointed under section 11;

(c)

anything done in respect of the South West African Broadcasting Corporation under any provision repealed by subsection (1) which may be done in respect of the Corporation under a corresponding provision of this Act, shall be deemed to have been done under such corresponding provision as if

(i)

in the case of any member appointed under the said Broadcasting Act, 1976, the Minister has appointed such member in terms of section 6 of this Act; and

(ii)

in the case of any regulation made under the said Broadcasting Act, 1976, the Minister has made such regulation in terms of section 27 of this Act.

(3)

Notwithstanding the repeal of the Broadcasting Act, 1976 (Act 73 of 1976), by subsection (1) of this section

No. 223 Government Gazette 19 June 1991 31

Act No.9, 1991 NAMIBIAN BROADCASTING ACT, 1991

(a)

the broadcasting licence issued under section 7 of the Radio Act, 1952 (Act 3 of 1952), read with section 12(2) of the said Broadcasting Act, 1976, to the South West African Broadcasting Corporation, shall be deemed to have been issued to the Corporation for an indefinite period, and shall not be suspended or withdrawn, except with the approval of the Minister;

(b)

any annual fees, if any, determined under the said section 12(2) in respect of the South West African Broadcasting Corporation, shall be deemed to have been determined in respect of the Corporation, and may from time to time be altered as if the said Broadcasting Act, 1976, had not been re

pealed;

(c)

any conditions imposed under section 7(2)(b) of the said Radio Act, 1952, in respect of the South West African Broadcasting Corporation and notified as contemplated in the said section 12(2), shall be deemed to have been imposed upon, and to have been notified in the Gazette in respect of the Corporation.

(4)

For the purposes of subsection (3) any reference in the broadcasting licence referred to in paragraph (a) of that subsection

(a)

to South West Africa, shall be construed as a reference to Namibia;

(b)

to section 11 of the Broadcasting Act, 1976 (Act 73 of 1976), shall be construed as a reference to section 3 of this Act;

(c)

to section 12(2)(c) of the said Broadcasting Act, 1976, shall be construed as a reference to this section;

(d)

to the South African Broadcasting Corporation,

shall be constr':led as a reference to the Corporation;

(e)

to the Republic of South Africa, shall be deemed to have been deleted;

(f)

to the Administrator-General, shall be construed as a reference to the Minister.

Government Gazette 19 June 1991 No. 223

(5) Anything done prior to the commencement of this

Act under any provision of the Broadcasting Act, 1976 (Act 73 of 1976), repealed by subsection (1), in the name of the "Namibian Broadcasting Corporation" in stead of in the name of the South West African Broadcasting Corporation shall not be invalid or invalidated by reason only of the fact that it was so done in the name of the "Namibian Broadcasting Corporation" in stead of in the name of the South West African Broadcasting Corporation.

(6)

Notwithstanding the repeal of the Broadcasting Act, 1976 (Act 73 of 1976), the provisions of section 16(2) of, and Schedule 1 to, that Act shall continue to apply in respect of any loan of money to the South West African Broadcasting Corporation, as contemplated in section 16(1) of that Act, which has on the date of the commencement of this Act not been fully repaid or redeemed by the said Corporation as if such loan has been raised by the Corporation under the last-mentioned section.

(7)

As from the date of commencement of this Act any reference in any law or document to the South West African Broadcasting Corporation, shall, unless it is obviously inappropriate, be construed as a reference to the Corporation.

(8)

The provisions of subsection (1) in so far as it relates to listeners' licences shall be deemed to have come into operation on 1 October 1988.

35. This Act shall be called the Namibian Broadcasting Act, 1991.

LAWS REPEALED OR AMENDED (Section 34)

No. and year

Short title Extent of repeal or amendment of law

Act 3 of 1952 Radio Act, 1952 (a) The amendment of section 1

Act 44 of 1958

Act 73 of 1976

Proclamation AG. 16 of 1979

Proclamation AG. 20 of 1983 Post Office Act, 1958

Broadcasting Act, 1976

Broadcasting Act Amendment Proclamation, 1979

Broadcasting Act Amendment Proclamation, 1983

Certified correct as passed by the NATIONAL ASSEMBLY

Secretary of the National Assembly

..................... "",,-,-"-"""""""""""""-"""-"-"""'"