Namibia > General provisions

Namibia - General provisions - Law, Act

Electoral Act, 2014 (Act No. 5 of 2014). -

Adoption: 2014-09-19 | NAM-2014-L-101131

An Act to provide for the establishment and constitution of the Electoral Commission of Namibia and its powers and functions; to provide for the registration of voters, nomination of candidates, conduct of the election of persons to the office of President, conduct of the election of members of the National Assembly, conduct of the election of members of regional councils and local authority councils; to provide for the holding of referenda; to provide for the registration and the deregistration of political parties and the funding of political parties and organisations; to provide for the establishment of electoral tribunals and the Electoral Court and their powers and functions; and to provide for incidental matters.

Namibia - General provisions - Law, Act

Namibian Constitution Third Amendment Act, 2014 (Act No. 8 of 2014). -

Adoption: 2014-09-19 | NAM-2014-L-101132

Namibia - General provisions - Law, Act

Labour Amendment Act, 2012 (Act No. 2 of 2012). -

Adoption: 2012-03-24 | NAM-2012-L-104154

An Act to amend the Labour Act, 2007 so as to substitute and insert certain de nitions; to regulate the employment status of individuals placed by private employment agencies to work for user enterprises; to provide protection for individuals placed by private employment agencies; to prohibit the hiring of individuals placed by private employment agencies in contemplation of a strike or lockout or following collective termination; to introduce a presumption as to employee status based on enumerated criteria; to confer on the Minister the power to deem persons to be employees; to introduce a presumption of indefinite employment; to amend the Employment Services Act, 2011 so as to insert and substitute certain definitions; to substitute certain provisions in order to align them with the definition of private employment agency; and to provide for incidental matters.

Namibia - General provisions - Law, Act

Criminal Procedure Amendment Act (Act No. 13 of 2010). -

Adoption: 2010-08-12 | NAM-2010-L-85749

Amends the Criminal Procedure Act, 1977, so as to increase the maximum fines that may be imposed for certain offences; to increase the admission of guilt fine that may be paid in terms of a written notice or a summons; to make provision for the payment of admission of guilt fines after appearing in court; to further regulate the release of an accused on warning; to increase the fine that may be imposed on an accused after a conviction pursuant to a plea of guilty only; and to further provide for the protection of witnesses.

Namibia - General provisions - Constitution

Namibian Constitution Second Amendment Act, 2010 (Act No. 7 of 2010). -

Adoption: 2010-04-23 | NAM-2010-C-85751

Amends the Namibian Constitution so as to extend a waiting period required for acquiring Namibian citizenship by marriage from a period of not less than two years to a period of not less than ten years of ordinarily residing in Namibia as spouse subsequent to such marriage; to extend a waiting period required for non-Namibian citizens who may apply for Namibian citizenship by naturalisation from a period of not less than five years to a period of not less than ten years of continuous residence in Namibia; to decrease the limit of tenure of members of the National Council from six years to five years; to subject the appointment of non-Namibian citizens as judges to a fixed term contract of employment; to delete the word "corruption" from the functions of the Ombudsman; to insert an Article on Anti-Corruption Measures; to decrease the term of office of members of Management Committee from three years to two years and six months; to substitute the terms "correctional service" and "Commissioner-General of Correctional Service" for the terms "prison service" and "Commissioner of Prisons".

Namibia - General provisions - Law, Act

Prisons Amendment Act, 2010 (Act No. 2 of 2010). -

Adoption: 2010-04-12 | NAM-2010-L-85752

Amends the Prisons Act, 1998, so as to empower the Minister to amend the First Schedule to that Act and to substitute the First Schedule to that Act.

Namibia - General provisions - Law, Act

Communications Act, 2009 (Act No. 8 of 2009). -

Adoption: 2009-10-28 | NAM-2009-L-85753

Provides for the regulation of telecommunications services and networks, broadcasting, postal services and the use and allocation of radio spectrum; for that purpose the establishment of an independent Communications Regulatory Authority of Namibia; to make provision for its powers and functions; the granting of special rights to telecommunications licensees; the creation of an Association to manage the .na internet domain name space and for matters connected therewith.

Namibia - General provisions - Regulation, Decree, Ordinance

Labour General Regulations: Labour Act, 2007 (G.N. No. 261 of 2008). -

Adoption: 2008-10 | Date of entry into force: 2008-11-01 | NAM-2008-R-89804

1. Definitions
2. Portion of basic wage that may be paid in-kind and calculation of the value of in-kind payments
3. Written statement of particulars of monetary remuneration
4. Exemption from a wage order
5. Compassionate leave
6. Election of health and safety representatives
7. Change in constitution of registered trade union or registered employers' organisation
8. Registration of trade union or employers' organisation
9. Register maintained by registered trade union or registered employers' organisation
10. Annual return of registered trade union or employers' organisation
11. Request for recognition of registered trade union as exclusive bargaining agent
12. Notification to registered trade union to acquire majority representation
13. Election of workplace union representatives
14. Request to extend collective agreement to non-parties to the agreement
15. Application for exemption from extension of a collective agreement
16. Notice of commencement of strike or lockout
17. Appointment of conciliators and arbitrators
18. Referral of dispute to conciliation
19. Application to reverse decision of conciliator
20. Referral of dispute to arbitration
21. Request for representation at conciliation or arbitration
22. Application to enforce arbitration award
23. Order to appear before a labour inspector
24. Compliance order
25. Records and returns
26. Application for exemption or variation
27. Proof of service of documents
28. Commencement of regulations

ANNEXURE 1 Particulars of monetary payments
ANNEXURE 2 Forms 1-36
ANNEXURE 3 Records and returns by employers

Namibia - General provisions - Law, Act

Labour Act, 2007 (Act No. 11 of 2007). -

Adoption: 2007-12-21 | Date of entry into force: 2008-11-01 | Date of gradual entry into force: 2009-03-01 | NAM-2007-L-79050

Chapter 1 - Introductory Provisions
Chapter 2 - Fundamental Rights and Protections
Chapter 3 - Basic Conditions of Employment
Chapter 4 - Health Safety and Welfare of Employees
Chapter 5 - Unfair Labour Practices
Chapter 6 - Trade Unions and Employers' Organizations
Chapter 7 - Strikes and Lockouts.
Chapter 8 - Prevention and Resolution of Disputes
Chapter 9 - Labour Institutions
Chapter 10 - General Provisions

Namibia - General provisions - Law, Act

Environmental Management Act, 2007 (No. 7 of 2007). -

Adoption: 2007-12-21 | NAM-2007-L-82560

Promotes the sustainable management of the environment and the use of natural resources by establishing principles for decision making on matters affecting the environment. Establishes the Sustainable Development Advisory Council and provides for the appointment of the Environmental Commissioner and environmental officers as well as for a process of assessment and control of activities which may have significant effects on the environment.

Namibia - General provisions - Law, Act

Companies Amendment Act, 2007 [No.9 of 2007]. -

Adoption: 2007-12-21 | NAM-2007-L-84944

Amends the Companies Act, 2004, so as to relocate certain provisions in section 82 to their appropriate places to make the application of certain conditions in that section clearer.

Namibia - General provisions - Law, Act

Communal Land Reform Amend Act (No. 11 of 2005). -

Adoption: 2005-11-21 | NAM-2005-L-82557

Amends the Communal Land Reform Act, 2002, so as to define or redefine certain expressions. Incorporates certain portions of unalienated State land as part of existing communal land areas. Replaces an incorrect reference in the description of the Damaraland Communal Land Area.

Namibia - General provisions - Law, Act

Companies Act, 2004 (No. 28 of 2004). -

Adoption: 2004-12-19 | NAM-2004-L-71210

Provides for the incorporation, management and liquidation of companies. Repeals the Companies Act, 1973 (Act No. 61 of 1973).

Namibia - General provisions - Law, Act

Criminal Procedure Amendment Act, 2003 (No. 24 of 2003). -

Adoption: 2003-12-21 | NAM-2003-L-79053

Amends the Criminal Procedure Act, 1977, so as to provide for the making of special arrangements for vulnerable witnesses. Regulates the admissibility of certain unsworn or unaffirmed evidence and determines the weight to be attached to certain evidence. Makes provision for the manner of cross-examination of witnesses under a certain age. Provides for the admission as evidence of certain medical records as evidence and certain statements made out of court.

Namibia - General provisions - Law, Act

Geneva Conventions Act, 2003 [No.15 of 2003]. -

Adoption: 2003-11-28 | NAM-2003-L-84946

Gives effect to certain Conventions done at Geneva on 12 August 1949 and to certain Protocols additional to those Conventions done at Geneva on 10 June 1977:
- Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949
- Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949
- Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949
- Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949
- Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol 1) of 10 June 1977

Namibia - General provisions - Regulation, Decree, Ordinance

Domestic Violence Regulations (G.N. No. 235 of 2003). -

Adoption: 2003-11-07 | NAM-2003-R-82556

Implements the Domestic Violence Act 2003. Provides, inter alia, for Protection Orders, notice for enquiry and procedure for enquiry as well as service of documents.

Namibia - General provisions - Law, Act

Community Courts Act, 2003 (Act No. 10, 2003). -

Adoption: 2003-07-31 | NAM-2003-L-79052

Provides for the recognition and establishment of community courts and the appointment of Justices and for clerks and messengers of court. Also provides for the application of customary law by community courts and for the jurisdiction of and procedure to be adopted by community courts and appeals.

Namibia - General provisions - Law, Act

Anti-Corruption Act, 2003 [No.8 of 2003]. -

Adoption: 2003-07-16 | NAM-2003-L-84945

Establishes the Anti-Corruption Commission and provide for its functions. Provides for the prevention and punishment of corruption and makes provision for matters connected therewith.

Namibia - General provisions - Law, Act

Combating of Domestic Violence Act, 2003 (Act No. 4 of 2003). -

Adoption: 2003-06-06 | Date of entry into force: 2003-11-17 | NAM-2003-L-82553

Provides for the issuing of protection orders in domestic violence matters as well as for matters relating to domestic violence offences. Also provides for police duties in respect of domestic violence incidents. Amends the Criminal Procedure Act, 1977.

Namibia - General provisions - Law, Act

Communal Land Reform Act, 2002 (No. 5 of 2002). -

Adoption: 2002-07-25 | NAM-2002-L-82558

Provides for the allocation of rights in respect of communal land. Establishes Communal Land Boards and provides for the powers of Chiefs and Traditional Authorities and boards in relation to communal land.

Namibia - General provisions - Regulation, Decree, Ordinance

Regulations made under the Police Act, 1990 (Act No. 19 of 1990).

Adoption: 2001-08-14 | NAM-2001-R-90648

CHAPTER 1 - FIXED ESTABLISHMENT, ORGANISATION AND ADMINISTRATION OF THE POLICE
2. Determination and distribution of establishment
3. Powers, duties and functions of the Inspector-General
4. Delegation of powers by Inspector-General
5. Conditions in regard to the filling of posts
6. Certificate of appointment
7. Promotion
8. Ranks, official designations, precedence and seniority in rank
9. Resignation
10. Discharge of member on account of ill-health under section 7(1) of the Act
11. Appeal against discharge on account of ill-health in terms of section 7(2) of the Act
12. Enquiry into fitness of member to remain in the Force or to retain his or her rank
13. Appeal against discharge or reduction of rank under section 8(2) of the Act
14. Certificate of service

CHAPTER II - DISCIPLINE
15. Offences against duty or discipline
16. Recording and investigation of complaints of misconduct against members and the institution of criminal disciplinary proceeding against such members
17. Disciplinary proceedings against members under section 18 of the Act
18. Penalties for misconduct
19. Appeal against conviction for misconduct and penalty
20. Repealed
21. Repealed
22. Conduct sheet
23. Prohibition on wearing of uniform during period of suspension

CHAPTER III - GENERAL
24. Board of Inquiry for administrative purpose
25. Deficiency, loss, damage or expenses
26. Payment by the public for police services
27. Deduction from salary
28. Dress, uniform and equipment
29. Police club established under section 37 of the Act
30. Participation in sport
31. Redress of wrongs
32. Abandoned, lost or unclaimed property
33. Departures in time of war or national emergency
34. Advisory Board

SCHEDULE A (Regulation 5(2)(a)(vi) and (5): ACCESSION TO OFFICE ON APPOINTMENT AND ENROLLMENT
SCHEDULE B (Regulation 6): CERTIFICATE OF APPOINTMENT
SCHEDULE C (Regulation 8(1)): RANKS IN THE FORCE
SCHEDULE D (Regulation 28(1)): BADGES, BUTTONS AND INSIGNIA OF RANK

Namibia - General provisions - Law, Act

Decentralisation Enabling Act, 2000 (No. 33 of 2000). -

Adoption: 2000-12-21 | Date of entry into force: 2001-03-05 | NAM-2000-L-94727

Provides for and regulates the decentralisation to regional councils and local authority councils of functions vesting in Line Ministries; and to provide for incidental matters.

Namibia - General provisions - Law, Act

Combating of Rape Act, 2000 (No. 8 of 2000). -

Adoption: 2000-04-19 | NAM-2000-L-82559

Provides for the combating of rape. Prescribes the minimum sentences for rape and the abolition of the rule that a boy under the age of fourteen years is presumed incapable of sexual intercourse. Modifies certain rules of evidence applicable to offences of a sexual or indecent nature and imposes special duties on prosecutors in criminal proceedings relating to sexual offences as well as members of the police in respect of certain bail applications. Amends the Criminal Procedure Act, 1977 (definition of "complaint"). Provides for the rights of a complainant of rape in bail proceedings and regulates the granting of bail to persons charged with rape. Also provides for procedures in court and publication of evidence with respect to sexual offence cases.

Namibia - General provisions - Constitution

Namibian Constitution First Amendment Act, 1998 (No. 34 of 1998).

Adoption: 1998-12-07 | NAM-1998-C-52334

Allows the first President of Namibia to hold the office of President for three terms, notwithstanding Article 29(3) of the Constitution (which sets forth a limit of two terms).

Namibia - General provisions - Law, Act

Prisons Act, 1998 (Act No. 17 of 1998)

Adoption: 1998-06-12 | Date of entry into force: 1999-08-15 | NAM-1998-L-74658

Part X deals with employment and training of prisoners (sections 81 to 84).

Repeals the Prisons Act, 1959 and amends the Children's Act, 1960.

Namibia - General provisions - Law, Act

Powers, Privileges and Immunities of Parliament Act, 1996 (No. 17 of 1996).

Adoption: 1996-07-26 | NAM-1996-L-44887

Provides members of Parliament with immunity from civil or criminal proceedings in connection with anything done in exercise of a member's right to freedom of speech in Parliament.

Namibia - General provisions - Law, Act

Export Processing Zones Amendment Act, 1996 (No. 6 of 1996).

Adoption: 1996-06-11 | NAM-1996-L-44644

Amends the Export Processing Zones Act, 1995. Provisions of the Labour Act, 1992 (No. 6 of 1992) shall apply in export processing zones, except that no employer or employee shall participate in a strike or lock-out.

Namibia - General provisions - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Amendment of the Rules of the High Court of Namibia (G.N. No. 81 of 1996).

Adoption: 1996-04-16 | NAM-1996-M-44256

Namibia - General provisions - Law, Act

Export Processing Zones Act, 1995 (No. 9 of 1995). -

Adoption: 1995-04-06 | Date of entry into force: 1995-10-10 | NAM-1995-L-41884

Provides for the establishment of export processing zones for the purpose of encouraging the manufacture of export goods. Section 25 provides for a reimbursement of 75 per cent of expenditures incurred by a company in a zone for the training of Namibian citizens. Section 8 suspends the application of the provisions of the Labour Act, 1992 in export processing zones. Labour regulations for export processing zones shall be made separately.

Namibia - General provisions - Law, Act

Reciprocal Service of Civil Process Act, 1994 (No. 27 of 1994) -

Adoption: 1994-11-16 | NAM-1994-L-39704

An Act to provide for reciprocal service of process in civil matters in Namibia and in designated countries, and for matters connected therewith.

Namibia - General provisions - Law, Act

Enforcement of Foreign Civil Judgments Act, 1994 (No. 28 of 1994)

Adoption: 1994-11-16 | NAM-1994-L-39705

An Act to provide that civil judgments granted in designated countries may be enforced in magistrates' courts in Namibia, to repeal the Reciprocal Enforcement of Civil Judgments Act, 1966 and to provide for matters incidental thereto.

Namibia - General provisions - Law, Act

Copyright and Neighbouring Rights Protection Act, 1994 (No. 70 of 1994)

Adoption: 1994-05-05 | NAM-1994-L-37705

Protects copyright and performers' rights and provides for related matters.

Namibia - General provisions - Regulation, Decree, Ordinance

Amendment of the Rules of the High Court of Namibia (No. 148 of 1993)

Adoption: 1993-12-09 | NAM-1993-R-36201

Rules in respect of appeal in criminal proceedings. Made under the High Court Act, 1990.

Namibia - General provisions - Regulation, Decree, Ordinance

Rules of District Labour Courts (No. 138 of 1993)

Adoption: 1993-11-19 | Date of entry into force: 1993-11-26 | NAM-1993-R-35709

Rules for the conduct of proceedings of district labour courts. Covers matters such as lodging of complaints, references to the labour inspector, hearing of complaints and execution of judgements.

Namibia - General provisions - Law, Act

Namibia Development Corporation Act, 1993 (No. 18 of 1993)

Adoption: 1993-08-11 | NAM-1993-L-35141

Establishes the Namibia Development Corporation. Provides for rules in respect of remuneration of directors of the board, employment of staff, retirement benefits, and other incidental matters.

Namibia - General provisions - Regulation, Decree, Ordinance

Regulations for Conduct of Elections for Regional Councils and Local Authority Councils (No. 152 of 1992)

Adoption: 1992-11-05 | NAM-1992-R-32372

Provides for the conduct of elections for regional councils and local authority councils.

Namibia - General provisions - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Commencement of Labour Act, 1992 (No. 134 of 1992)

Adoption: 1992-09-22 | Date of entry into force: 1992-11-01 | NAM-1992-M-32873

Provides that the Labour Act 1992, except for the provisions of Part XI and section 116 relating to laws on health, safety and welfare of employees at work, shall come into operation on 1 November 1992. Made under section 117 of the Labour Act, 1992.

Namibia - General provisions - Regulation, Decree, Ordinance

Regulations for Registration of Voters and Political Parties (G.N. No. 128 of 1992)

Adoption: 1992-09-19 | NAM-1992-R-32380

Provides for rules for the registration of voters and political parties.

Namibia - General provisions - Law, Act

Labour Act, 1992 (Act No. 6, 1992).

Adoption: 1992-03-26 | Date of entry into force: 1992-11-01 | NAM-1992-L-29328

An Act to make provision for the regulation of the conditions of employment; to prevent and remedy unfair dismissals and unfair disciplinary actions; to regulate the termination of employment contracts; to provide for the registration of unions and employers' organizations and to define the rights and obligations of each; to provide for the settlement of labour disputes; to provide for a Labour Commissioner and inspectors; to establish a Labour Advisory Council, a Labour Court, district labour courts and a Wages Commission; and to provide for the health, safety, and welfare of employees at work. Text published in Labour Law Documents 1992/2, 1992-NAM 1.

Namibia - General provisions - Law, Act

Criminal Procedure Amendment Act, 1991 (No. 5).

Adoption: 1991-05-30 | NAM-1991-L-65114

Amends Criminal Procedure Act 1977. Regulates authority of courts, magistrates and other judicial officers in relation to bail.

Namibia - General provisions - Law, Act

Legal Aid Act (No. 29 of 1990). -

Adoption: 1990-12-12 | NAM-1990-L-84941

Provides for the provision of legal assistance for those that can not afford it in civil and criminal court proceedings.

Namibia - General provisions - Law, Act

Police Act, 1990 (Act No. 19 of 1990).

Adoption: 1990-12-03 | NAM-1990-L-90646

The Act contains 47 articles. It provides for the establishment, organization and administration of the Namibian Police Force. Regulates the powers and duties of the Force and prescribes the procedures to secure the internal security of Namibia and to maintain law and order. Also regulates the discipline, appointment, promotion and discharge of members of the Force.

Repeals the following:
- Police (South West Africa) Act, 1939 (Act 19 of 1939);
- Police Act, 1958 (Act 7 of 1958)
- Police Amendment Proclamation, 1981 (Proclamation AG. 9 of 1981);
- Police Amendment Proclamation, 1983 (Proclamation AG. 21 of 1983);
- Second Police Amendment Act, 1987 (Act 16 of 1987);
- Police Amendment Act, 1987 (Act 20 of 1987);

Amends the following:
- Explosives Act, 1956 (Act 26 of 1956) section 1 is amended by the substitution for the definition of "Minister" of the following definition: "'Minister' means the Minister of Home Affairs;";
- Arms and Ammunition Act, 1969 (Act 75 of 1969) section 1 is amended by the substitution for the definition of "Minister" of the following definition: "'Minister' means the Minister of Home Affairs";
- Second law Amendment (Abolition of Discriminatory or Restrictive Laws for purposes of Free and Fair Election) Proclamation, 1989 (Proclamation AG. 25 of 1989) is amended in the Annexture by the deletion of the entries relating to the Police Act, 1958.

Namibia - General provisions - Law, Act

Namibian Citizenship Act, 1990 (No. 14 of 1990). -

Adoption: 1990-08-20 | NAM-1990-L-94728

Namibia - General provisions - Law, Act

Ombudsman Act, 1990 (Act No. 7 of 1990). -

Adoption: 1990-06-06 | NAM-1990-L-9871

Defines and prescribes the powers, duties, and functions of the Ombudsman, and provides for matters incidental thereto.

Namibia - General provisions - Constitution

Constitution of the Republic of Namibia, 1990 (Act No. 1 of 1990). -

Adoption: 1990-02-09 | NAM-1990-C-9565

Constitution of Namibia containing Chapters entitled:1 - the Republic; 2 - Citizenship; 3 - Fundamental human rights and freedoms; 4 - Public emergency, state of national defence and martial law; 5 - the President; 6 - the Cabinet; 7 - the National Assembly; 8 - the National Council; 9 - the administration of justice; 10 - the Ombudsman; 11 - principles of State policy; 12 - regional and local Government; 13 - the Public Service Commission; 14 - the Security Commission; 15 - the police and defence forces and the prison service; 16 - finance; 17 - Central Bank and National Planning Commission. Chapters 18 to 21 contain transitional provisions. Eight schedules attached. Article 9 prohibits slavery and forced labour. Article 10 guarantees the right to equality before the law and prohibits freedom from discrimination. Article 21 guarantees all persons fundamental freedoms, including the rights, inter alia: to assemble peaceably; to freedom of association "... which shall include freedom to form and join associations or unions, including trade unions ..."; to withhold their labour without being exposed to criminal penalties; and to practise any profession, or carry on any occupation, trade or business. Article 23 prohibits the practices of racial discrimination and apartheid and authorises the implementation of affirmative action programmes.

Namibia - General provisions - Law, Act

Combating of Immoral Practices Act, 1980 (Act No. 21 of 1980)

Adoption: 1980 | NAM-1980-L-74659

Namibia - General provisions - Law, Act

Criminal Procedure Act, 1977 (Act No. 51 of 1977). -

Adoption: 1977 | NAM-1977-L-85750

Makes provision for procedures and related matters in criminal proceedings.

Namibia - General provisions - Law, Act

Sexual Offences Act, 1957 (Act No. 23 of 1957)

Adoption: 1957-04-03 | Date of entry into force: 1957-04-12 | NAM-1957-L-74660