- Definitions.
- Establishment of Corporation.
- Objectives of Corporation.
- Powers, duties and functions of Corporation.
- Board of Corporation.
- Constitution of Board.
- Committees of Board.
- Tenure of office of members and filling of vacancy.
- Remuneration and other conditions of appointment of members.
- Duty of member to disclose interest in certain companies or firms.
- Duty of member to disclose interest in certain contracts.
- Appointment of Director-General, and other officers and employees.
- Limitation of liability.
- Powers of employees of Corporation to maintain order upon property and agreement to render security services.
- Use of television sets and issue against payment of television licences by Corporation in respect of possession or use of television-sets.
- Permit for possession of television set.
- Inspectors.
- Loans by Corporation.
- Funds of Corporation.
- Accounts.
- Auditing.
- Expropriation of land byCorporation.
- Exemptions.
- Reports by Corporation to be submitted to National Assembly
- Delegation of powers of Corporation.
- Regulations.
- Offences and presumptions.
- Liquidation of Corporation.
- Prohibition on use of certain names
- Satisfaction of judgement.
- Application of Act 61 of 1973.
- Act binding on State.
- Repeal and amendment of laws, and savings.
- Short title.
- SCHEDULE
GOVERNMENT GAZETrE
OF THE
REPUBLIC OF NAMIBIA
R1,10 WINDHOEK -19 June 1991 No. 223
CONTENTS
Page
GOVERNMENT NOTICE
No. 70 Promulgation of Namibian Broadcasting Act, 1991 (Act 9 of 1991), of the
N ational Assembly "... " .....
Government Notice
OFFICE OF THE PRIME MINISTER
No. 70 1991
PROMULGATION OF ACT OF
THE NATIONAL ASSEMBLY
The following Act which has been passed by the National Assembly and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution.
No.9 of 1991: Namibian Broadcasting Act, 1991.
Government Gazette 19 June 1991 No. 223 Act No.9, 1991 NAMIBIAN BROADCASTING ACT, 1991
Definitions.
ACT
To provide for the establishment of a broadcasting corporation for Namibia; its objectives, powers, duties and functions; and to provide for matters incidental thereto.
(Signed by the President on 7 June 1991)
BE IT ENACTED by the National Assembly of the Republic of Namibia, as follows:
1. In this Act, unless the context indicates otherwise
"board" means the Board of the Namibian Broadcasting Corporation referred to in section 5;
"broadcasting service" means a telecommunications service of transmissions carried on in Namibia consisting of sounds, images, signs or signals which take place by means of radio or of cables or wires as contemplated in section 4(1)(c) and is intended for reception by the general public or by any category of persons in a particular area or at a particular place and, includes, for the purposes of section 12, any such telecommunication service of transmissions carried on or from any place outside Namibia and received in Namibia by means of a television set;
"Corporation" means the Namibian Broadcasting
Corporation established by section 2;
"licensing year" means the period from I October in any year to 30 September in the next ensuing year;
"member" means a member of the board appointed
under section 6(2);
"Minister" means the Minister of Information and Broadcasting;
"radio" means electromagnetic waves of frequencies lower than 3 000GHz transmitted in space without an artificial conductor;
Establishment of Corporation.
Objectives of Corporation.
Powers, duties and functions of Corporation.
Government Gazette 19 June 1991
NAMIBIAN BROADCASTING ACT, 1991
"radio dealer" means the holder of a radio dealer's
registration certificate issued under section 7 of the
Radio Act, 1952 (Act 3 of 1952);
"regulation" means any regulation made under section 27;
"television licence" means any licence issued under section 16;
"television set" means a device which is, alone or in combination with any other device, capable ()f receiving by means of radio or cables or wires as contemplated in section 4(1)(c) transmissions broadcast in a broadcasting service and reproducing them in the form of images or other visible signals, with or without accompanying sounds.
2. (1) There is hereby established a broadcasting corporation to be known as the Namibian Broadcasting Corporation.
(2) The Corporation shall be a juristic person.
3. The objectives of the Corporation shall be to carry on a broadcasting service in order to - (a)
- inform and entertain the public of Namibia;
- (b)
- to contribute to the education and unity of the nation, and to peace in Namibia;
- (c)
- to provide and disseminate information relevant to the socio-economic development of Namibia;
- (d)
- to promote the use and understanding of the English language.
4. (1) In order to achieve its objectives the Corporation shall be competent
(a) subject to the provisions of the Radio Act, 1952 (Act 3 of 1952), the Post Office Act, 1958 (Act 44 of 1958), or any other law and subject to the provisions of section 34(3) of this Act, to carryon alone or, 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, in co-operation with any other person, a broadcasting service in Namibia; - (b)
- at the request of the Minister and subject to such conditions as may be determined by him or her, to broadcast alone or, 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, in co-operation with any other person, programmes, information or news for reception in any country outside Namibia;
- (c)
- to acquire or erect within or, with the approval in writing of the Minister previously obtained in every particular case, outside Namibia broadcasting stations and any installations and facilities in connection therewith and acquire any equipment therefor or rights in connection therewith;
- (d)
- subject to the provisions of section 16, to issue licences in respect of the possession, use or making available of television sets;
- (e)
- with the approval in writing of the Minister, to enter into agreements with
- (i)
- any government, body or person in relation to the supplying of programmes, information or news to the Corporation by such government, body or person for presentation by the Corporation by way of re-transmission or otherwise;
- (ii)
- the government of a country referred to in paragraph (b) or any organisation in such country in relation to the broadcasting and reception of programmes, information or news so referred to;
- (f)
- to canvass advertisements and broadcast at such tariffs as may be determined by the Corporation such advertisements by means of radio or television, or to publish or distribute in any other manner such advertisements;
No. 223 Government Gazette 19 June 1991 5 Act No.9, 1991 NAMIBIAN BROADCASTING ACT, 1991 (g) to establish orchestras, bands and choirs, engage artists and performers and organise or subsidise public concerts, lectures, performances and entertainments; (h) to acquire copyrights, other rights; performer's rights and (i) to compile, print, produce, publish or distribute any literary matter relating to broadcasting; (j) to make, compile, print, manufacture, buy, hire or acquire by any other means sound, visual or audio-visual recordings, fixations and material of whatever nature or description, and to sell, lease, deal in or in any other manner dispose of such recordings, fixations and materials, whether or not it was broadcast by the Corporation; (k) subject to the provisions monies by way of loans; of section 19, to raise (1) to acquire, sell, mortgage or in any other manner alienate any movable property, whether corporeal or incorporeal or, with the approval in writing ofthe Minister, any immovable property, including any right in or over property; (m) subject to the provisions of section 21, to expropriate any movable property, whether corporeal or incorporeal or, immovable property, including any right in or over property, or to take the right to use temporarily any property; (n) to erect buildings; (0) subject to the provisions of subsection (2) and with the approval of the Minister given after consultation with the Postmaster-General, to form and incorporate or establish, and to manage and control a company for the purposes of a broadcasting service, the shares of which may also be held by persons other than the Corporation or any body of persons, incorporated or unincorporated to such an extent that such body or persons do not manage or control such company; -
Act No.9, 1991
Board of Corporation. - (p)
- to manufacture or produce films, gramophone or other mechanical recordings, materials and
equipment for use in connection with a broadcasting service;
- (q)
- to provide any person with or receive from such person, programmes, information, news or other material for purposes of a broadcasting service.
- (r)
- to exercise any other power which is incidental to, or is in its opinion necessary for and conducive to, the achievement of its objectives.
- (2)
- The approval referred to in paragraph (0) of subsection (I) may be given subject to such terms and conditions as may be determined by the Minister, and may include terms and conditions relating to
- (a)
- the content of programmes to be broadcasted in a broadcasting service;
- (b)
- the duty of the company to correct information erroneously broadcasted in a broadcasting serVIce;
- (c)
- the protection of the privacy of the individual in a broadcasting service;
- (d)
- the duty of the company to broadcast information in a broadcasting service to the public if so requested by a public authority established by or under any law;
- (e)
- any steps which may be taken by the Minister against the company referred to in that paragraph, in the event such company contravenes or fails to comply with any of such terms and
conditions.
(3) The provisions of this section shall not be construed as conferring upon any person any rights or powers which the Corporation has in terms of this Act or any other law.
5. The affairs of the Corporation shall, subject to the provisions of this Act, be managed and controlled by a board to be known as the Board of the Namibian Broadcasting Corporation.
No. 223 Act No.9, 1991
Constitution of Board.
Committees of Board.
Government Gazette 19 June 1991
NAMIBIAN BROADCASTING ACT, 1991
6. (I) The board shall consist, subject to the provisions of section 13(1)(a), of not more than II and not less than 6 members appointed, subject to the provisions of subsections (2) and (3), by the Minister.
(2) An appointment of a member shall be made in
such a manner that the board shall consist of persons having knowledge of, or experience in the administration or management of public affairs and the political, socioeconomic and communication field, but shall not be a
person - (a)
- who is not a Namibian citizen;
- (b)
- who is a member of the National Assembly.
- (3)
- The Minister shall designate one of the members referred to in subsection (2) as chairperson of the board and the members shall elect from amongst themselves the vice-chairperson of the board;
- (4)
- When the chairperson of the board is absent or unable to perform his or her powers, duties and functions, the vice-chairperson of the board shall act in his or her stead and, when so acting, the vice-chairperson may exercise or perform any power, duty or function of the chairperson.
- (5)
- Every appointment of a member shall be notified in the Gazette.
7. (I) The board may from time to time establish committees to advise or assist it in the exercise of any of its powers or the performance of any of its duties or functions; - (2)
- A committee established under subsection (I)
- (a)
- shall consist of such members or other persons appointed by the board as the board may deem fit, to be members of the committee;
- (b)
- shall meet at such times and places as may be determined by the board.
- (3)
- A member of a committee established under
subsection (1) who is not a member of the board or is not in the full-time employ of the Corporation shall be paid from
Act No.9, 1991
Tenure of office of members and filling of vacancy.
Government Gazette 19 June 1991 No. 223
NAMIBIAN BROADCASTING ACT, 1991
the funds of the Corporation such allowances and, in respect of a journey undertaken for the purposes of the business of the committee, such subsistence and travelling allowances and such reasonable losses suffered by him or her because he or she was engaged in the business of the board as may be determined by the board from time to time.
8. (1) A member shall, subject to the provisions of subsection (2), hold office for a period of 5 years but shall at the expiration of his or her period of office be eligible for re-appointment. - (2)
- A member shall vacate his or her office if
- (a)
- his or her estate is sequestrated or he or she compromises with his or her creditors;
- (b)
- he or she is according to the laws detained as a mentally ill person;
- (c)
- he or she is convicted of an offence and sentenced to imprisonment without the option of a fine;
- (d)
- he or she, upon giving not less than one month's notice in writing to the Minister, resigns from his or her office as a member;
- (e)
- he or she has absented himself or herself from three consecutive meetings of the board without the leave of the chairperson of the board;
- (f)
- he or she becomes subject to a disqualification as contemplated in section 6(2);
- (g)
- he or she is removed from his or her office in terms of subsection (3).
- (3)
- The Minister may remove a member from office
- (a)
- on account of continued ill-health;
- (b)
- on account of misconduct;
- (c)
- on account of unfitness for the duties of his or her office or incapacity to carry them out efficiently;
Remuneration and other conditions of appointment of members.
Duty of member to disclose interest in certain companies or firms.
Government Gazette 19 June 1991
NAMIBIAN BROADCASTING ACT, 1991 - (d)
- if, for reasons other than his or her own unfitness or incapacity, his or her removal will promote efficiency.
- (4)
- Any casual vacancy on the board caused by the death or the vacation of office of any member shall, with due regard to the provisions of section 6(2), be filled for the
unexpired portion of the period of office of the member who has died or has vacated his or her office, as the case may be.
9. (1) A member - (a)
- shall be paid by the Corporation from the funds
of the Corporation such remuneration as may be determined by the Minister from time to time;
- (b)
- may be paid such allowances and, in respect of a journey undertaken for purposes of the business of the board, such subsistence and travelling allowances and such reasonable losses suffered by him or her because he or she was engaged in the business of the board as may be determined by the Minister from time to time.
- (2)
- The remuneration and allowances and further rights, privileges or benefits determined under subsection
- (1)
- may differ according to the office held by the member concerned and the functions performed by him or her.
10. (1) A member shall, subject to the provisions of subsection (2), submit to the Minister a statement in writing of any directorship, office, post, shareholding or other financial interest, directly or indirectly, held or acquired by such a member or the member's spouse in a company or firm which carries on broadcasting services or deals in receivers or manufactures, assembles, imports or sells apparatus or equipment for use in broadcasting serVIces. - (2)
- A statement referred to in subsection (1) shall be so submitted to the Minister
- (a)
- in the case of a member who so holds any interest
referred to in that subsection at the date of his or her appointment in office as such a member, within a period of 7 days after his or her
appointment in office as such a member;
Act No.9, 1991
Duty of member to disclose interest in certain contracts.
Meetings of Board.
Government Gazette 19 June 1991 No. 223
NAMIBIAN BROADCASTING ACT, 1991
(b) in the case of a member who so acquires any such interest at any time during his or her tenure of office as such a member, within a period on days after the acquisition of such interest.
11. (1) The provisions of sections 234(1), (2), (3) and (5), 235 and 237(1) and (4) of the Companies Act, 1973 (Act 61 of 1973), shall subject to the provisions of
subsections (2) and (3) of this section, apply mutatis mutandis in respect of a member of the board and in such application, unless the context indicates otherwise, any
reference therein to a company, a director, or official of a company shall be construed as a reference to the Corporation, a member or an officer or employee of the Corporation, as the case may be. - (2)
- A member who has made a declaration of interest in terms of subsection (1) in respect of a contract which has been or is to be entered into by the Corporation as contemplated in section 234 of the said Companies Act, 1973, as applied by that subsection, shall not, unless the board otherwise directs, take part in any consideration or discussion of, or exercise any vote on, any question relating to such interest.
- (3)
- Any reference to an interest in a contract contemplated in the relevant provisions of the Companies Act, 1973, as applied by subsection (1), shall be deemed to include any interest which the spouse of a member of the board or an officer or employee of the Corporation, as the case may be, has in a contract referred to in section 234(2) of the said Companies Act, 1973, as applied by the said subsection (1).
- (4)
- Any member of the board or an officer or employee of the Corporation who fails to comply with a provision of the Companies Act, 1973, as applied by subsection (1), shall be guilty of an offence and on conviction be liable to a fine not exceeding R4 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.
12. (I) A meeting of the board shall be held at such time and place as may be determined by the chairperson: Provided that the chairperson shall at the request of the Minister or on the reasoned request in writing of at least one-third of the members convene a special meeting of the board.
Appointment of Director-General, and other officers and employees. - (2)
- The majority of the members of the board shall form a quorum for a meeting of the board.
- (3)
- The chairperson of the board or, in his or her absence, the vice-chairperson of the board shall preside at all the meetings of the board at which he or she is present.
- (4)
- When the chairperson of the board and the vice-chairperson of the board are absent from a meeting of the board, the members present shall elect a chairperson from among their number to act as chairperson at that meeting, and while he or she so acts he or she shall perform all the duties and functions of the chairperson.
- (5)
- The decision of a majority ofthe members present at the meeting of the board shall be a decision of the board: Provided that in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his or her deliberative vote.
- (6)
- No decision taken by the board or act performed
under the authority of the board shall be invalid by reason only of a vacancy on the board, or by reason only of the fact that any person who is not entitled to sit as a member when the decision was taken or the act was authorised, if the decision was taken or the act was authorised by the requisite majority of the members who were present at the time and entitled to sit as members. - (7)
- The board shall cause a record to be kept of the proceedings of the meetings of the board.
- (8)
- The board may make rules in relation to the holding of, and procedures at, meetings of the board or any committee of the board.
13. (1) The board
(a) shall appoint a Director-General as chief executive officer of the Corporation who shall, in addition to the members contemplated in section
6(1), be a member of the board and be entitled to participate in the deliberations of the board, but shall not be entitled to exercise any vote at any meeting of the board;
Act No.9, 1991
NAMIBIAN BROADCASTING ACT, 1991
- (b)
- may appoint such other officers and employees as it may deem necessary for the achievement of its objectives;
- (c)
- may determine the duties and functions of its officers and employees, and their salaries, wages, allowances or other remuneration or conditions of employment, including the establishment or
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;
OF THE
REPUBLIC OF NAMIBIA
R1,10 WINDHOEK -19 June 1991 No. 223
CONTENTS
Page
GOVERNMENT NOTICE
No. 70 Promulgation of Namibian Broadcasting Act, 1991 (Act 9 of 1991), of the
N ational Assembly "... " .....
Government Notice
OFFICE OF THE PRIME MINISTER
No. 70 1991
PROMULGATION OF ACT OF
THE NATIONAL ASSEMBLY
The following Act which has been passed by the National Assembly and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution.
No.9 of 1991: Namibian Broadcasting Act, 1991.
Government Gazette 19 June 1991 No. 223 Act No.9, 1991 NAMIBIAN BROADCASTING ACT, 1991
Definitions.
ACT
To provide for the establishment of a broadcasting corporation for Namibia; its objectives, powers, duties and functions; and to provide for matters incidental thereto.
(Signed by the President on 7 June 1991)
BE IT ENACTED by the National Assembly of the Republic of Namibia, as follows:
1. In this Act, unless the context indicates otherwise
"board" means the Board of the Namibian Broadcasting Corporation referred to in section 5;
"broadcasting service" means a telecommunications service of transmissions carried on in Namibia consisting of sounds, images, signs or signals which take place by means of radio or of cables or wires as contemplated in section 4(1)(c) and is intended for reception by the general public or by any category of persons in a particular area or at a particular place and, includes, for the purposes of section 12, any such telecommunication service of transmissions carried on or from any place outside Namibia and received in Namibia by means of a television set;
"Corporation" means the Namibian Broadcasting
Corporation established by section 2;
"licensing year" means the period from I October in any year to 30 September in the next ensuing year;
"member" means a member of the board appointed
under section 6(2);
"Minister" means the Minister of Information and Broadcasting;
"radio" means electromagnetic waves of frequencies lower than 3 000GHz transmitted in space without an artificial conductor;
Establishment of Corporation.
Objectives of Corporation.
Powers, duties and functions of Corporation.
Government Gazette 19 June 1991
NAMIBIAN BROADCASTING ACT, 1991
"radio dealer" means the holder of a radio dealer's
registration certificate issued under section 7 of the
Radio Act, 1952 (Act 3 of 1952);
"regulation" means any regulation made under section 27;
"television licence" means any licence issued under section 16;
"television set" means a device which is, alone or in combination with any other device, capable ()f receiving by means of radio or cables or wires as contemplated in section 4(1)(c) transmissions broadcast in a broadcasting service and reproducing them in the form of images or other visible signals, with or without accompanying sounds.
2. (1) There is hereby established a broadcasting corporation to be known as the Namibian Broadcasting Corporation.
(2) The Corporation shall be a juristic person.
3. The objectives of the Corporation shall be to carry on a broadcasting service in order to - (a)
- inform and entertain the public of Namibia;
- (b)
- to contribute to the education and unity of the nation, and to peace in Namibia;
- (c)
- to provide and disseminate information relevant to the socio-economic development of Namibia;
- (d)
- to promote the use and understanding of the English language.
4. (1) In order to achieve its objectives the Corporation shall be competent
(a) subject to the provisions of the Radio Act, 1952 (Act 3 of 1952), the Post Office Act, 1958 (Act 44 of 1958), or any other law and subject to the provisions of section 34(3) of this Act, to carryon alone or, 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, in co-operation with any other person, a broadcasting service in Namibia; - (b)
- at the request of the Minister and subject to such conditions as may be determined by him or her, to broadcast alone or, 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, in co-operation with any other person, programmes, information or news for reception in any country outside Namibia;
- (c)
- to acquire or erect within or, with the approval in writing of the Minister previously obtained in every particular case, outside Namibia broadcasting stations and any installations and facilities in connection therewith and acquire any equipment therefor or rights in connection therewith;
- (d)
- subject to the provisions of section 16, to issue licences in respect of the possession, use or making available of television sets;
- (e)
- with the approval in writing of the Minister, to enter into agreements with
- (i)
- any government, body or person in relation to the supplying of programmes, information or news to the Corporation by such government, body or person for presentation by the Corporation by way of re-transmission or otherwise;
- (ii)
- the government of a country referred to in paragraph (b) or any organisation in such country in relation to the broadcasting and reception of programmes, information or news so referred to;
- (f)
- to canvass advertisements and broadcast at such tariffs as may be determined by the Corporation such advertisements by means of radio or television, or to publish or distribute in any other manner such advertisements;
No. 223 Government Gazette 19 June 1991 5 Act No.9, 1991 NAMIBIAN BROADCASTING ACT, 1991 (g) to establish orchestras, bands and choirs, engage artists and performers and organise or subsidise public concerts, lectures, performances and entertainments; (h) to acquire copyrights, other rights; performer's rights and (i) to compile, print, produce, publish or distribute any literary matter relating to broadcasting; (j) to make, compile, print, manufacture, buy, hire or acquire by any other means sound, visual or audio-visual recordings, fixations and material of whatever nature or description, and to sell, lease, deal in or in any other manner dispose of such recordings, fixations and materials, whether or not it was broadcast by the Corporation; (k) subject to the provisions monies by way of loans; of section 19, to raise (1) to acquire, sell, mortgage or in any other manner alienate any movable property, whether corporeal or incorporeal or, with the approval in writing ofthe Minister, any immovable property, including any right in or over property; (m) subject to the provisions of section 21, to expropriate any movable property, whether corporeal or incorporeal or, immovable property, including any right in or over property, or to take the right to use temporarily any property; (n) to erect buildings; (0) subject to the provisions of subsection (2) and with the approval of the Minister given after consultation with the Postmaster-General, to form and incorporate or establish, and to manage and control a company for the purposes of a broadcasting service, the shares of which may also be held by persons other than the Corporation or any body of persons, incorporated or unincorporated to such an extent that such body or persons do not manage or control such company; -
Act No.9, 1991
Board of Corporation. - (p)
- to manufacture or produce films, gramophone or other mechanical recordings, materials and
equipment for use in connection with a broadcasting service;
- (q)
- to provide any person with or receive from such person, programmes, information, news or other material for purposes of a broadcasting service.
- (r)
- to exercise any other power which is incidental to, or is in its opinion necessary for and conducive to, the achievement of its objectives.
- (2)
- The approval referred to in paragraph (0) of subsection (I) may be given subject to such terms and conditions as may be determined by the Minister, and may include terms and conditions relating to
- (a)
- the content of programmes to be broadcasted in a broadcasting service;
- (b)
- the duty of the company to correct information erroneously broadcasted in a broadcasting serVIce;
- (c)
- the protection of the privacy of the individual in a broadcasting service;
- (d)
- the duty of the company to broadcast information in a broadcasting service to the public if so requested by a public authority established by or under any law;
- (e)
- any steps which may be taken by the Minister against the company referred to in that paragraph, in the event such company contravenes or fails to comply with any of such terms and
conditions.
(3) The provisions of this section shall not be construed as conferring upon any person any rights or powers which the Corporation has in terms of this Act or any other law.
5. The affairs of the Corporation shall, subject to the provisions of this Act, be managed and controlled by a board to be known as the Board of the Namibian Broadcasting Corporation.
No. 223 Act No.9, 1991
Constitution of Board.
Committees of Board.
Government Gazette 19 June 1991
NAMIBIAN BROADCASTING ACT, 1991
6. (I) The board shall consist, subject to the provisions of section 13(1)(a), of not more than II and not less than 6 members appointed, subject to the provisions of subsections (2) and (3), by the Minister.
(2) An appointment of a member shall be made in
such a manner that the board shall consist of persons having knowledge of, or experience in the administration or management of public affairs and the political, socioeconomic and communication field, but shall not be a
person - (a)
- who is not a Namibian citizen;
- (b)
- who is a member of the National Assembly.
- (3)
- The Minister shall designate one of the members referred to in subsection (2) as chairperson of the board and the members shall elect from amongst themselves the vice-chairperson of the board;
- (4)
- When the chairperson of the board is absent or unable to perform his or her powers, duties and functions, the vice-chairperson of the board shall act in his or her stead and, when so acting, the vice-chairperson may exercise or perform any power, duty or function of the chairperson.
- (5)
- Every appointment of a member shall be notified in the Gazette.
7. (I) The board may from time to time establish committees to advise or assist it in the exercise of any of its powers or the performance of any of its duties or functions; - (2)
- A committee established under subsection (I)
- (a)
- shall consist of such members or other persons appointed by the board as the board may deem fit, to be members of the committee;
- (b)
- shall meet at such times and places as may be determined by the board.
- (3)
- A member of a committee established under
subsection (1) who is not a member of the board or is not in the full-time employ of the Corporation shall be paid from
Act No.9, 1991
Tenure of office of members and filling of vacancy.
Government Gazette 19 June 1991 No. 223
NAMIBIAN BROADCASTING ACT, 1991
the funds of the Corporation such allowances and, in respect of a journey undertaken for the purposes of the business of the committee, such subsistence and travelling allowances and such reasonable losses suffered by him or her because he or she was engaged in the business of the board as may be determined by the board from time to time.
8. (1) A member shall, subject to the provisions of subsection (2), hold office for a period of 5 years but shall at the expiration of his or her period of office be eligible for re-appointment. - (2)
- A member shall vacate his or her office if
- (a)
- his or her estate is sequestrated or he or she compromises with his or her creditors;
- (b)
- he or she is according to the laws detained as a mentally ill person;
- (c)
- he or she is convicted of an offence and sentenced to imprisonment without the option of a fine;
- (d)
- he or she, upon giving not less than one month's notice in writing to the Minister, resigns from his or her office as a member;
- (e)
- he or she has absented himself or herself from three consecutive meetings of the board without the leave of the chairperson of the board;
- (f)
- he or she becomes subject to a disqualification as contemplated in section 6(2);
- (g)
- he or she is removed from his or her office in terms of subsection (3).
- (3)
- The Minister may remove a member from office
- (a)
- on account of continued ill-health;
- (b)
- on account of misconduct;
- (c)
- on account of unfitness for the duties of his or her office or incapacity to carry them out efficiently;
Remuneration and other conditions of appointment of members.
Duty of member to disclose interest in certain companies or firms.
Government Gazette 19 June 1991
NAMIBIAN BROADCASTING ACT, 1991 - (d)
- if, for reasons other than his or her own unfitness or incapacity, his or her removal will promote efficiency.
- (4)
- Any casual vacancy on the board caused by the death or the vacation of office of any member shall, with due regard to the provisions of section 6(2), be filled for the
unexpired portion of the period of office of the member who has died or has vacated his or her office, as the case may be.
9. (1) A member - (a)
- shall be paid by the Corporation from the funds
of the Corporation such remuneration as may be determined by the Minister from time to time;
- (b)
- may be paid such allowances and, in respect of a journey undertaken for purposes of the business of the board, such subsistence and travelling allowances and such reasonable losses suffered by him or her because he or she was engaged in the business of the board as may be determined by the Minister from time to time.
- (2)
- The remuneration and allowances and further rights, privileges or benefits determined under subsection
- (1)
- may differ according to the office held by the member concerned and the functions performed by him or her.
10. (1) A member shall, subject to the provisions of subsection (2), submit to the Minister a statement in writing of any directorship, office, post, shareholding or other financial interest, directly or indirectly, held or acquired by such a member or the member's spouse in a company or firm which carries on broadcasting services or deals in receivers or manufactures, assembles, imports or sells apparatus or equipment for use in broadcasting serVIces. - (2)
- A statement referred to in subsection (1) shall be so submitted to the Minister
- (a)
- in the case of a member who so holds any interest
referred to in that subsection at the date of his or her appointment in office as such a member, within a period of 7 days after his or her
appointment in office as such a member;
Act No.9, 1991
Duty of member to disclose interest in certain contracts.
Meetings of Board.
Government Gazette 19 June 1991 No. 223
NAMIBIAN BROADCASTING ACT, 1991
(b) in the case of a member who so acquires any such interest at any time during his or her tenure of office as such a member, within a period on days after the acquisition of such interest.
11. (1) The provisions of sections 234(1), (2), (3) and (5), 235 and 237(1) and (4) of the Companies Act, 1973 (Act 61 of 1973), shall subject to the provisions of
subsections (2) and (3) of this section, apply mutatis mutandis in respect of a member of the board and in such application, unless the context indicates otherwise, any
reference therein to a company, a director, or official of a company shall be construed as a reference to the Corporation, a member or an officer or employee of the Corporation, as the case may be. - (2)
- A member who has made a declaration of interest in terms of subsection (1) in respect of a contract which has been or is to be entered into by the Corporation as contemplated in section 234 of the said Companies Act, 1973, as applied by that subsection, shall not, unless the board otherwise directs, take part in any consideration or discussion of, or exercise any vote on, any question relating to such interest.
- (3)
- Any reference to an interest in a contract contemplated in the relevant provisions of the Companies Act, 1973, as applied by subsection (1), shall be deemed to include any interest which the spouse of a member of the board or an officer or employee of the Corporation, as the case may be, has in a contract referred to in section 234(2) of the said Companies Act, 1973, as applied by the said subsection (1).
- (4)
- Any member of the board or an officer or employee of the Corporation who fails to comply with a provision of the Companies Act, 1973, as applied by subsection (1), shall be guilty of an offence and on conviction be liable to a fine not exceeding R4 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.
12. (I) A meeting of the board shall be held at such time and place as may be determined by the chairperson: Provided that the chairperson shall at the request of the Minister or on the reasoned request in writing of at least one-third of the members convene a special meeting of the board.
Appointment of Director-General, and other officers and employees. - (2)
- The majority of the members of the board shall form a quorum for a meeting of the board.
- (3)
- The chairperson of the board or, in his or her absence, the vice-chairperson of the board shall preside at all the meetings of the board at which he or she is present.
- (4)
- When the chairperson of the board and the vice-chairperson of the board are absent from a meeting of the board, the members present shall elect a chairperson from among their number to act as chairperson at that meeting, and while he or she so acts he or she shall perform all the duties and functions of the chairperson.
- (5)
- The decision of a majority ofthe members present at the meeting of the board shall be a decision of the board: Provided that in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his or her deliberative vote.
- (6)
- No decision taken by the board or act performed
under the authority of the board shall be invalid by reason only of a vacancy on the board, or by reason only of the fact that any person who is not entitled to sit as a member when the decision was taken or the act was authorised, if the decision was taken or the act was authorised by the requisite majority of the members who were present at the time and entitled to sit as members. - (7)
- The board shall cause a record to be kept of the proceedings of the meetings of the board.
- (8)
- The board may make rules in relation to the holding of, and procedures at, meetings of the board or any committee of the board.
13. (1) The board
(a) shall appoint a Director-General as chief executive officer of the Corporation who shall, in addition to the members contemplated in section
6(1), be a member of the board and be entitled to participate in the deliberations of the board, but shall not be entitled to exercise any vote at any meeting of the board;
Act No.9, 1991
NAMIBIAN BROADCASTING ACT, 1991
- (b)
- may appoint such other officers and employees as it may deem necessary for the achievement of its objectives;
- (c)
- may determine the duties and functions of its officers and employees, and their salaries, wages, allowances or other remuneration or conditions of employment, including the establishment or
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;
R1,10 WINDHOEK -19 June 1991 No. 223
CONTENTS
Page
GOVERNMENT NOTICE
No. 70 Promulgation of Namibian Broadcasting Act, 1991 (Act 9 of 1991), of the OFFICE OF THE PRIME MINISTER
No. 70 1991
PROMULGATION OF ACT OF The following Act which has been passed by the National Assembly and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution.
No.9 of 1991: Namibian Broadcasting Act, 1991.
Government Gazette 19 June 1991 No. 223 Act No.9, 1991 NAMIBIAN BROADCASTING ACT, 1991
Definitions.
ACT To provide for the establishment of a broadcasting corporation for Namibia; its objectives, powers, duties and functions; and to provide for matters incidental thereto.
(Signed by the President on 7 June 1991)
BE IT ENACTED by the National Assembly of the Republic of Namibia, as follows:
1. In this Act, unless the context indicates otherwise
"board" means the Board of the Namibian Broadcasting Corporation referred to in section 5;
"broadcasting service" means a telecommunications service of transmissions carried on in Namibia consisting of sounds, images, signs or signals which take place by means of radio or of cables or wires as contemplated in section 4(1)(c) and is intended for reception by the general public or by any category of persons in a particular area or at a particular place and, includes, for the purposes of section 12, any such telecommunication service of transmissions carried on or from any place outside Namibia and received in Namibia by means of a television set;
"Corporation" means the Namibian Broadcasting
Corporation established by section 2;
"licensing year" means the period from I October in any year to 30 September in the next ensuing year;
"member" means a member of the board appointed
under section 6(2);
"Minister" means the Minister of Information and Broadcasting;
"radio" means electromagnetic waves of frequencies lower than 3 000GHz transmitted in space without an artificial conductor;
Establishment of Corporation.
Objectives of Corporation.
Powers, duties and functions of Corporation.
Government Gazette 19 June 1991
NAMIBIAN BROADCASTING ACT, 1991
"radio dealer" means the holder of a radio dealer's
registration certificate issued under section 7 of the
Radio Act, 1952 (Act 3 of 1952);
"regulation" means any regulation made under section 27;
"television licence" means any licence issued under section 16;
"television set" means a device which is, alone or in combination with any other device, capable ()f receiving by means of radio or cables or wires as contemplated in section 4(1)(c) transmissions broadcast in a broadcasting service and reproducing them in the form of images or other visible signals, with or without accompanying sounds.
2. (1) There is hereby established a broadcasting corporation to be known as the Namibian Broadcasting Corporation.
(2) The Corporation shall be a juristic person.
3. The objectives of the Corporation shall be to carry on a broadcasting service in order to 4. (1) In order to achieve its objectives the Corporation shall be competent
(a) subject to the provisions of the Radio Act, 1952 (Act 3 of 1952), the Post Office Act, 1958 (Act 44 of 1958), or any other law and subject to the provisions of section 34(3) of this Act, to carryon alone or, 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, in co-operation with any other person, a broadcasting service in Namibia; Act No.9, 1991
Board of Corporation. conditions.
(3) The provisions of this section shall not be construed as conferring upon any person any rights or powers which the Corporation has in terms of this Act or any other law.
5. The affairs of the Corporation shall, subject to the provisions of this Act, be managed and controlled by a board to be known as the Board of the Namibian Broadcasting Corporation.
No. 223 Act No.9, 1991
Constitution of Board.
Committees of Board.
Government Gazette 19 June 1991
NAMIBIAN BROADCASTING ACT, 1991
6. (I) The board shall consist, subject to the provisions of section 13(1)(a), of not more than II and not less than 6 members appointed, subject to the provisions of subsections (2) and (3), by the Minister.
(2) An appointment of a member shall be made in
such a manner that the board shall consist of persons having knowledge of, or experience in the administration or management of public affairs and the political, socioeconomic and communication field, but shall not be a
person 7. (I) The board may from time to time establish committees to advise or assist it in the exercise of any of its powers or the performance of any of its duties or functions; subsection (1) who is not a member of the board or is not in the full-time employ of the Corporation shall be paid from
Act No.9, 1991
Tenure of office of members and filling of vacancy.
Government Gazette 19 June 1991 No. 223
NAMIBIAN BROADCASTING ACT, 1991
the funds of the Corporation such allowances and, in respect of a journey undertaken for the purposes of the business of the committee, such subsistence and travelling allowances and such reasonable losses suffered by him or her because he or she was engaged in the business of the board as may be determined by the board from time to time.
8. (1) A member shall, subject to the provisions of subsection (2), hold office for a period of 5 years but shall at the expiration of his or her period of office be eligible for re-appointment. Remuneration and other conditions of appointment of members.
Duty of member to disclose interest in certain companies or firms.
Government Gazette 19 June 1991
NAMIBIAN BROADCASTING ACT, 1991 unexpired portion of the period of office of the member who has died or has vacated his or her office, as the case may be.
9. (1) A member 10. (1) A member shall, subject to the provisions of subsection (2), submit to the Minister a statement in writing of any directorship, office, post, shareholding or other financial interest, directly or indirectly, held or acquired by such a member or the member's spouse in a company or firm which carries on broadcasting services or deals in receivers or manufactures, assembles, imports or sells apparatus or equipment for use in broadcasting serVIces. referred to in that subsection at the date of his or her appointment in office as such a member, within a period of 7 days after his or her
appointment in office as such a member;
Act No.9, 1991
Duty of member to disclose interest in certain contracts.
Meetings of Board.
Government Gazette 19 June 1991 No. 223
NAMIBIAN BROADCASTING ACT, 1991
(b) in the case of a member who so acquires any such interest at any time during his or her tenure of office as such a member, within a period on days after the acquisition of such interest.
11. (1) The provisions of sections 234(1), (2), (3) and (5), 235 and 237(1) and (4) of the Companies Act, 1973 (Act 61 of 1973), shall subject to the provisions of
subsections (2) and (3) of this section, apply mutatis mutandis in respect of a member of the board and in such application, unless the context indicates otherwise, any
reference therein to a company, a director, or official of a company shall be construed as a reference to the Corporation, a member or an officer or employee of the Corporation, as the case may be. 12. (I) A meeting of the board shall be held at such time and place as may be determined by the chairperson: Provided that the chairperson shall at the request of the Minister or on the reasoned request in writing of at least one-third of the members convene a special meeting of the board.
Appointment of Director-General, and other officers and employees. under the authority of the board shall be invalid by reason only of a vacancy on the board, or by reason only of the fact that any person who is not entitled to sit as a member when the decision was taken or the act was authorised, if the decision was taken or the act was authorised by the requisite majority of the members who were present at the time and entitled to sit as members. 13. (1) The board
(a) shall appoint a Director-General as chief executive officer of the Corporation who shall, in addition to the members contemplated in section
6(1), be a member of the board and be entitled to participate in the deliberations of the board, but shall not be entitled to exercise any vote at any meeting of the board;
Act No.9, 1991
support on such terms and conditions as may be determined by it of 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;
N ational Assembly "... " .....
Government Notice
THE NATIONAL ASSEMBLY
No. 223 Government Gazette 19 June 1991 5 Act No.9, 1991 NAMIBIAN BROADCASTING ACT, 1991 (g) to establish orchestras, bands and choirs, engage artists and performers and organise or subsidise public concerts, lectures, performances and entertainments; (h) to acquire copyrights, other rights; performer's rights and (i) to compile, print, produce, publish or distribute any literary matter relating to broadcasting; (j) to make, compile, print, manufacture, buy, hire or acquire by any other means sound, visual or audio-visual recordings, fixations and material of whatever nature or description, and to sell, lease, deal in or in any other manner dispose of such recordings, fixations and materials, whether or not it was broadcast by the Corporation; (k) subject to the provisions monies by way of loans; of section 19, to raise (1) to acquire, sell, mortgage or in any other manner alienate any movable property, whether corporeal or incorporeal or, with the approval in writing ofthe Minister, any immovable property, including any right in or over property; (m) subject to the provisions of section 21, to expropriate any movable property, whether corporeal or incorporeal or, immovable property, including any right in or over property, or to take the right to use temporarily any property; (n) to erect buildings; (0) subject to the provisions of subsection (2) and with the approval of the Minister given after consultation with the Postmaster-General, to form and incorporate or establish, and to manage and control a company for the purposes of a broadcasting service, the shares of which may also be held by persons other than the Corporation or any body of persons, incorporated or unincorporated to such an extent that such body or persons do not manage or control such company; -
equipment for use in connection with a broadcasting service;
of the Corporation such remuneration as may be determined by the Minister from time to time;
NAMIBIAN BROADCASTING ACT, 1991