13 ANNEXURE 3: RELEVANT ACTS, PROCLAMATIONS AND ORDINANCES

(With Relevance to the Transport and Communications Sectors
(as at beginning of March, 1991))

13.1 INTRODUCTORY REMARKS

13.1.1 ABBREVIATIONS

AG Administrator-General
GG Government Gazette, Republic of South Africa.
As from 21 March 1990: Official Gazette of the
Republic of Namibia
OG Official Gazette Extraordinary of South West Africa.
As from 21 March 1990: Official Gazette Extraordinary of the
Republic of Namibia

Note 1. Full source, including Gazette number and date of issue, is normally only provided for Namibian acts, ordinances and proclamations, and only occasionally for South African laws. These laws are available through the Statutes of the Republic of South Africa.

Note 2. Attempts have been made to be comprehensive, but it has not been possible to confirm that all major acts, etc., of relevance have been included. Laws only containing amendments in terms of fees and charges have not been included.

13.2 GOVERNMENT AFFAIRS

South-West Africa Constitution Act, 1968, Act No.39.

Comment: RSA law in force until independence. This act consolidates the laws relating to the constitution of an executive committee and legislative assembly for the territory of South-West Africa. It sets out the power, authorities and functions of such committee and assembly. It also sets out the powers of the Administrator and the manner of legislation. Repealed by Constitution of the Republic of Namibia GG 2 dated 21.03.1990

Development of Self-Government for Native Nations in South-West Africa Act, 1968, Act No.54.

Comment: RSA law; repealed by Proclamation No. AG 8, the Representative Authorities Proclamation. Repealed by Constitution of the Republic of Namibia GG 2 dated 21.03.1990

South-West Africa Affairs Act, 1969, Act No. 25.

Comment: RSA law in force until independence. It provides for the re-adjustment of administrative, legislative and financial matters relating to the territory of South-West Africa. Repealed by Constitution of the Republic of Namibia GG 2 dated 21.03.1990

Establishment of Office of Administrator-General for the Territory of South-West Africa, Proclamation No. 180 of 1977, GG5719, 19/08/77.

Comment: RSA Proclamation.; in terms of Act 39 of 1968, establishes the office of AG, who is appointed by the RSA State President to perform such functions as assigned to him by law. Repealed by Constitution of the Republic of Namibia GG 2 dated 21.03.1990

Empowering of the Administrator-General for the Territory of South-West Africa to Make Laws, Proclamation No. 181 of 1977, GG No. 5719, 19/08/77.

Comment: RSA Proclamation.; in terms of Section 38(2) of Act 39 of 1968, empowers the AG to make laws for the territory by proclamation in the Official Gazette. Such powers include amendment or repeal of existing provisions, including Acts of the South African Parliament in so far as they relate to Namibia. Repealed by Constitution of the Republic of Namibia GG 2 dated 21.03.1990

Executive Powers Transfer Proclamation, 1977, Proclamation No. AG.3, OG No. 3651, 28/09/77.

Comment: Transfers executive powers in respect of several departments to the AG from South African cabinet ministers (not relevant to transport and communications).

South-West Africa Constitution Act (39/1968) Amendment Proclamation, Proclamation R. 242 of 1977. GG No. 3654, 03/10/77.

Comment: Amends Section 14(1) to provide for a 5-year term for the Assembly, which shall not be dissolved save by the effluxion of time. Repealed by Constitution of the Republic of Namibia GG 2 dated 21.03.1990

Executive Powers Transfer (General Provisions) Proclamation, 1977, Proclamation No. AG.7, OG No. 3668, 15/11/77.

Comment: Provides framework for transfer of executive powers in specific ministries to AG from South African cabinet ministers.

Executive Powers Transfer Amendment Proclamation, 1978, Proclamation No.AG. 10 of 1978, OG No. 3172, 02/03/78.

Comments: Amends, inter alia, Proclamation No. AG7 of 1977, to clarify that RSA laws being administered by the AG or under his authority only include amendments passed by the RSA Parliament before the commencement of the transfer of the authority to administer the law concerned to the AG, unless it is expressly declared that the amendment shall apply to Namibia.

Executive Powers (Posts and Telecommunications) Transfer Proclamation, 1978, Proclamation No.AG. 12, OG No.3714, 02/03/78.

Comment: Transfers relevant powers from the South African cabinet minister to the AG, and lists exceptions (see below).

Executive Powers (Transport) Transfer Proclamation, 1978, Proclamation No.AG.14, OG 3717, 15/03/78.

Comment: Transfers relevant powers from the South African cabinet minister to the AG, and lists exceptions (see below).

National Assembly Proclamation, 1979, Proclamation No. AG. 21, OG No. 3957, 14/05/79.

Comment: Repealed by Proclamation No. AG 3 of 1983; established the first National Assembly (1979-83). Also resolved that the responsibilities of RSA government departments and institutions in Namibia should be transferred to local departments/institutions.

Functions of Directorates Act, 1979 Act No.4, OG No. 3995, 11/07/79.

Comment: Sets out functions of government directorates (i.e. proto-departments), responsible to the National Assembly, to take over responsibilities of regional offices of the RSA public service in Namibia.

Functions of Directorates Amendment Proclamation, 1979, Proclamation No. AG. 34, OG 4041, 28/11/79.

Comment: Amends Act No. 4 of 1979 to, inter alia, enable the establishment of the Directorate of Posts and Telecommunications.

Representative Authorities Proclamation, 1980, Proclamation No.AG.8, OG 4127, 24/04/80.

Comment: Establishes 2nd tier authorities of that name for each of 11 officially defined ethnic groups. Repealed by Constitution of the Republic of Namibia GG 2 dated 21.03.1990

Government Service Act, 1980, Act No.2, OG No. 4116, 14/04/80.

Comment: Establishes an autonomous SWA/Namibian Government Service, and lists the new departments, including the Department of Posts and Telecommunications.

Government Notice No. AG. 53 of 1980: Notice of establishment of Directorate of Transport (in terms of Act 4 of 1979), OG No. 4169, 03/06/80.

Comment: Established the Directorate of Transport, in anticipation of the subsequent law.

Amendment of Schedule to Government Service Act, 1980 (Act 2 of 1980), Proclamation No. AG. 18, OG No. 4212, 01/07/80.

Comment: Establishes, inter alia, the Department of Transport.

Government Service Amendment Proclamation, 1981, Proclamation AG No. 10, OG No. 4436, 01/04/81.

Comment: Amends Sections 15, 17, 18 and 31 of the Government Service Act, Act No. 2 of 1980, in respect of the South-West African Police.

Executive Powers Transfer (General Provisions) Amendment Proclamation, 1982, Proclamation No. AG 20, OG No. 4668, 18/08/82.

Comment: Clarifies Section 3 of Proclamation AG 7 of 1977 and Section 3 of Proclamation AG 10 of 1978, in that all amendments to RSA laws which have been transferred in part or in toto to the AG, are declared invalid in Namibia, unless passed before the transfer of authority to the AG or expressly declared to be valid in the Amendment Act or any other law. This amendment is retrospective to 02/03/78, the date of Proclamation AG. 10 of 1978.

Government Service Amendment Act, 1982, Act No. 23, OG No. 4728, 30/12/82.

Comment: Extends provisions relating to the retention of the right of certain persons to retire at a particular age, etc.

National Assembly and Council of Ministers Proclamations Repeal Proclamation, 1983, Proclamation No. AG3 of 1983, OG No. 4379 25/01/83.

Comment: Abolishes first National Assembly (1979-83), as from 19/01/83; repeals Proclamation AG 21 of 1979 and related amendments.

Government Service Amendment Proclamation, 1984, Proclamation No. AG 39, OG No. 4983, 30/11/84.

Comment: Makes numerous amendments to the principal Act relating, inter alia, to the role of Government Service Commission, educational matters and the National Education Act, Act No. 30 of 1980.

South-West Africa Legislative and Executive Authority Establishment Proclamation, 1985, Proclamation R.101, GG No. 9790, 17/06/85.

Comment: Proclamation by RSA State President. Establishes the Second National Assembly, 1985 to 1989. Repealed by Proclamation No. AG 10 of 1989.

Government Service Amendment Act, 1986, Act No. 8, OG No. 5206, 02/05/86.

Comment: Alters provisions in relation to determination of contribution scales to medical aid scheme for government service officials.

Government Service Amendment Act, 1987, Act No.17, OG No. 5438, 01/10/87.

Comment: Makes provision for appointments, promotions, transfers of heads of departments, and matters related to retirement, early retirement and service termination of officers.

Government Service Amendment Act, 1989, Act No. 6, OG No. 5680, 28/02/89.

Comments: Makes provisions for appointment, retirement and termination of service in respect of members of the Government Service Commission.

Representative Authorities Powers Transfer Proclamation, 1989, Proclamation No. AG 8 of 1989, OG No. 5710, 09/05/89.

Comment: Transfers certain powers, duties, functions and rights to the AG consequent upon dissolution of the Representative Authorities on 31/03/89 for purposes of implementing UNSCR 435. Many laws and proclamations relating to these Authorities are repealed in part or whole.

Repeal of the Laws on the National Assembly, the Cabinet and the Constitutional Council Proclamation, 1989, Proclamation No. AG 16 of 1989, OG No. 5730, 12/06/89.

Comment: Repeals Proclamation R 101 of 1985 and the Constitutional Council Act, Act No. 8 of 1985 and their related amendment acts; transfer the powers, duties, functions, rights and obligations of the Cabinet to the AG with effect from 01/03/89.

First Law Amendment (Abolition of Discriminatory or Restrictive Laws for Purposes of Free and Fair Election) Proclamation, 1989, Proclamation No. AG 14 of 1989, OG No. 6726, 08/06/89.

Comment: Amends, inter alia, the Post Office Act, 1958, Act No. 44 of 1958.

Second Law Amendment (Abolition of Discriminatory or Restrictive Laws for Purposes of Free and Fair Election) Proclamation, 1989, Proclamation No. AG 25 of 1989, OG No. 5758, 22/07/89.

Comment: Amends, inter alia, the Government Service Act, Act No.2 of 1980, by deleting Section 17(1)g.

13.3 NATIONAL TRANSPORT CORPORATION (NTC)

pertains to the railway, Lüderitz Port, NTC road transport services, Namib Air and possible future pipelines

Executive Powers Transfer Proclamation (South African Transport Services), 1986, Proclamation No.R.52, GG No. 10169, 27/03/86.

Comment: Proclamation by RSA State President. Repealed by Act 21 of 1987. Transferred executive powers over SATS in Namibia, except the Travel and Publicity Department and SAA, to the AG.

National Transport Corporation Act, 1987, Act No. 21, OG No. 5439, 01/10/87.

Comment: Establishes the NTC as a multimodal commercial corporation.

Commencement of the National Transport Corporation Act, Proclamation No. AG. 19, 1988, OG No. 5567, 01/07/88.

National Transport Corporation Amendment Proclamation, Proclamation No. AG 20 of 1989, OG No. 5741, 01/07/89.

Comment: Changes name of NTC Ltd. to TransNamib Ltd.

13.4 ROADS

The Advertising on Roads and Ribbon Development Ordinance, 1960, Ordinance No. 30, OG No. 2254, 30/05/60.

Comment: Restricts advertising and building developments along proclaimed roads.

Roads Ordinance, 1972, Ordinance No. 17, OG No. 3268, 07/07/72.

Comment: Sets out responsibilities of the executive authority in regard to provision, maintenance and control of roads.

Roads Further Amendment Ordinance, 1973, Ordinance No. 22, OG No. 3363, 28/11/73.

Comment: Amends Ordinance 17 of 1972 with regard to the application thereof within the areas of local authorities, and incidental matters.

Roads Amendment Ordinance, 1974, Ordinance No. 10 of 1974. OG 3411, 16/07/74.

Comment: Numerous amendments to Ordinance 17 of 1972 clarifying definitions, the application of the Ordinance within local authority areas and to certain tourist area roads, objections procedures, frequency of meetings of roads boards, safety of excavations, prevent wilful hindrance of free traffic flows, etc.

Roads Amendment Ordinance, 1980, Ordinance No. 6, OG No. 4136, 02/05/80.

Comment: Permits changes to width of road reserves.

Application of Laws Relating to Roads in Eastern Caprivi, Owambo, Kavango and Damaraland Act, 1982, Act No. 5, OG No. 4618, 08/04/82.

Comment: Applies the Roads Ordinance, as amended, to these areas, retrospectively to 01/07/80.

Roads Ordinance Amendment Proclamation, 1984, Proclamation No. AG 21, OG No. 4926, 11/07/84.

Comment: Deletes paragraph (e) of Section 6.

Roads Amendment Act, 1986, Act No. 13, OG 5235, 21/07/86.

Comment: Alters the provisions for roads board chairmen.

13.5 ROAD TRAFFIC

Road Traffic Ordinance, 1967, Ordinance No. 30, OG No. 2808, 28/06/67.

Comment: Sets out basic responsibilities with regard to control of vehicles and traffic by the executive authority.

Road Traffic Amendment Ordinance, 1968, Ordinance No. 19, OG No. 2895, 10/06/68.

Comment: To, inter alia, modify certain definitions in the principal ordinance.

Road Traffic Amendment Ordinance, 1969, Ordinance No. 25, OG No. 3010, 24/06/69.

Comment: To, inter alia, amend certain definitions in the principal ordinance.

Road Traffic Amendment Ordinance, 1970, Ordinance No. 18, OG No. 3099, 08/07/70.

Comment: To, inter alia, insert certain definitions into the principal ordinance.

Road Traffic Amendment Ordinance, 1971, Ordinance No. 18, OG No. 3194, 30/06/71.

Comment: To amend certain provisions in the principal ordinance.

Road Traffic Amendment Ordinance, 1972, Ordinance No. 16, OG No. 3267, 05/07/72.

Comment: Amends certain definitions, procedures for appointment of registering authorities, and matters pertaining to drivers' licences.

National Road Safety Act, 1972, Act No. 9, GG No. 3415, 15/03/72.

Comment: RSA law which is also applied in Namibia, but is administered by Pretoria, having been excluded from the scope of Proclamation AG 14 of 1978. The law was repealed in Namibia prior to independence. It establishes the National Road Safety Council, to control road safety.

Road Traffic Amendment Ordinance, 1973, Ordinance No. 4, OG No. 3304, 28/02/73.

Comment: Repeals section 163 of the principal ordinance.

Road Traffic Amendment Ordinance, Ordinance No. 3 of 1974, OG No. 3387, 11/03/74.

Comment: Amends Ordinance 30 of 1967 with regard to authority to display a road sign, and to provide for reinspection without fee of vehicles found to be unroadworthy.

Second Road Traffic Amendment Ordinance, Ordinance No. 11 of 1974, OG No. 3412, 26/07/74.

Comment: To modify certain definitions in the principal ordinance.

Road Traffic Amendment Ordinance, 1975, Ordinance No. 19, OG No. 3497, 16/10/75.

Comment: To, inter alia, delete definitions in the principal act.

Road Traffic Amendment Ordinance, 1976, Ordinance 10 of 1976, OG No. 3546, 25/06/76.

Comment: Many amendments to Ordinance 30 of 1967, e.g. with regard to suspension or cancellation of licences, period of validity of certificates of fitness, exemptions from speed limits, driving of vehicles with an excess alcohol level in blood, weighbridge procedures.

Second Road Traffic Amendment Ordinance, 1976, Ordinance No. 13 of 1976, OG No. 3572, 02/11/76.

Comment: Amends Ordinance 30 of 1967 to alter the definition of prescribed territory so as to include the so-called independent bantustans; to alter rural speed limits etc.

Road Traffic Amendment Ordinance, 1978, Ordinance No. 2, OG No. 3733, 06/04/78.

Comment: Numerous minor amendments of the principal ordinance.

Road Traffic Amendment Ordinance, 1979, Ordinance No. 4 of 1979, OG No. 3925, 27/02/79.

Comment: Amends Ordinance 30 of 1967 to enable the issue of light vehicle learner's licences to 17 year olds, and incidental matters.

Road Traffic Amendment Ordinance, 1980, Ordinance No. 17 of 1980, OG No. 1167, 31/05/80.

Comment: Numerous amendments to Ordinance 30 of 1967, in regard to registration of state vehicles, issuing of licences, display and disregarding of traffic signs, exemptions from speed limits, etc.

Application of Road Traffic Legislation in Owambo, Kavango, Damaraland and Eastern Caprivi Act, 1981, Act No. 8, OG No. 4498, 15/07/81.

Comment: Applies the Road Traffic Ordinance, as amended, and related measures to the areas specified.

Road Traffic Amendment Act, 1985, Act No. 17, OG No. 5110, 09/10/85.

Comment: Provides for appointment of traffic wardens and for matters relating to drivers' licences.

Motor Vehicle Accident Act, 1986, Act No. 84.

Comment: RSA law applicable ab initia also to Namibia.

Governs third party insurance and the operation of the Motor Vehicle Accident Fund. The law is administered by Pretoria, having been excluded from the scope of Proclamation AG. 14 of 1978. Suspended by the following act.

Motor Vehicle Accidents Act, 1990, Act No.30, GG 132, 31.12.1990

Comments: Repeals RSA Multilateral Motor Vehicle Accidents Fund Act, 1989, Act No. 93, GG No. 11944, 14/06/89. Gives force to multilateral agreement involving the RSA and the so-called TBVC "states", which institutes a Multilateral Motor Vehicle Accidents Fund for third party insurance.

13.6 ROAD TAXATION AND USER CHARGES

Central Energy Fund Act, 1977, Act No. 38, as amended by Acts No. 30 of 1979, No. 74 of 1979, No. 21 of 1980, No. 68 of 1980, No. 73 of 1984, No. 46 of 1985, No. 70 of 1987, No. 55 of 1988.

Comment: RSA law also applied to Namibia. Provides, inter alia, for the imposition of a levy for the benefit of the Equalization Fund on every litre of petrol, aviation spirit, kerosene, distillate fuel, residual fuel oil, naphta, base oil, products of base oil or every kilogram of grease or liquified petroleum gas, and the imposition of a levy for the benefit of the Central Energy Fund on every litre of petrol, distillate fuel or residual fuel oil. Proposed own Namibian Legislation by the Ministry of Mines and Energy.

Petroleum Products Act, 1977, Act No. 120, as amended.

Comment: RSA law also applied to Namibia. Provides, inter alia, for (i) the imposition of any duty on petroleum products as the Minister of Mineral and Energy Affairs may see fit, (ii) price regulation of petroleum products, and (iii) the withholding from the public of information concerning petroleum products. Proposed own Namibian Legislation by the Ministry of Mines and Energy.

Levies on Fuel Proclamation, 1984, Proclamation No. AG 16, OG No. 4917, 22/06/84.

Comment: Provides for imposition of fuel levies on petrol and diesel. Proposed own Namibian Legislation by the Ministry of Mines and Energy.

13.7 ROAD TRANSPORTATION

Road Transportation Act, 1977, Act No. 74, as amended by Acts No. 93 of 1979, No. 91 of 1980, No. 64 od 1981, No. 78 of 1982, No. 8 of 1983 and No. 97 of 1986.

Comment: RSA law, which is also applied to Namibia and is administered by DOT, except when referring to "the Republic", according to Proclamation AG 14 of 1978. This means, inter alia, that Namibian authority is limited by the boundaries of the country and also limits the powers of RSA authorities in respect of road transportation within Namibia with the exception of the RSA National Transport Commission. No amendments passed by the RSA parliament are valid, and only the following "Namibian" amendments, are in force, together with the original Act. It provides for the economic regulation of road transportation. Proposed own Namibian Legislation by Ministry of works, Transport and Communication.

Road Transportation Proclamation, 1978, Proclamation AG No. 31, OG 3749, 15/05/78.

Comment: Makes the principal act applicable in Ovamboland.

Road Transportation Amendment Act, 1980, Act No. 29, OG No. 4357, 30/12/80.

Comment: Abolishes racially discriminatory provisions in Act 74 of 1977.

Road Transportation Amendment Act, 1981, Act No. 18, OG 4570, 21/12/81.

Comment: Extends the exceptions made from the permit system for transporting labourers, and also alters vehicle capacities, etc.

Road Transportation Amendment Act, 1982, Act No. 16, OG No. 4722, 21/12/82.

Comment: Makes numerous amendments to permits and related conditions; also affects membership of the Local Road Transportation Board.

Road Transportation Amendment Proclamation, 1985, Proclamation No. AG. 33, OG No. 5060, 15/06/85.

Comment: Changes certain definitions and procedures.

Road Transportation Amendment Act, 1988, Act No. 8, OG No. 5561, 21/06/88.

Comment: Extends taxi licences to cover the whole of local authority areas.

Second Road Transportation Amendment Act, 1988, Act No. 20, OG No. 5650, 30/12/88.

Comment: Removes certain powers of the National Transport Commission; enables certain goods to be reserved for carriage by rail only; repeals certain provisions of Proclamation AG 33 of 1985.

Commencement of the Road Transportation Amendment Proclamation, 1985, Proclamation No. AG 60, OG No. 5848, 03/11/89.

Comment: Makes effective parts of Proclamation AG 33 of 1985.

Road Transportation Amendment Proclamation, 1989, Proclamation No AG. 61, OG No. 5849, 03/11/89.

Comment: To amend the principal act to provide for complete autonomy from South Africa, including (i) the establishment of a Road Transportation Commission of South West Africa to replace the National Transport Commission of South Africa, (ii) the establishment of a Road Transportation Board of South West Africa in lieu of the Local Board Road Transportation Board and (iii) the regulation that all road transport to, from and through Namibia require Namibian permits.

Road Transportation Act, 1977: Exempted Goods, Government Notice, No. AG 100, OG No. 5850, 03/11/89.

Comment: Lists goods for which a permit can be issued without a review of the need for the transport.

Road Transportation Act, 1977: Prohibition on consideration of certain applications for the granting or amendment of public permits or amendment of public permits or private permits, Government Notice, No. AG 101, OG No. 5851, 03/11/89.

Comment: Prohibits the issuance of new licenses, for the purpose of the conveyance of certain goods by the railway only, and lists 14 goods in respect of which applications for permits shall not be considered.

Commencement of the Road Transportation Amendment Proclamation, 1989, Proclamation No. AG 69, OG No. 5870, 29/11/89.

Comment: Makes effective Proclamation AG 61 of 1989; see above. Proposed Amendments in progress by the Ministry of Works, Transport and Communication.

13.8 MARITIME AFFAIRS

Merchant Shipping Act, 1951, Act No. 57, as amended by Acts No. 30 of 1959 (as amended by Act No. 65 of 1981), No. 69 of 1962, No. 40 of 1963, No. 13 of 1965, No. 42 of 1969, No. 58 of 1970, No. 24 of 1974, No. 5 of 1976, No. 70 of 1977, No. 62 of 1978, No. 3 of 1981, No. 3 of 1982, No. 105 of 1983, No. 25 of 1985, No. 1 of 1986, No. 58 of 1987 and No. 3 of 1989. Amended by Merchant Shipping Amendment Act 1991 (GG 217, dated 05.06.1991)

Comment: Former RSA law also applied to Namibia, but now administered from Windhoek. All amendments are also valid in Namibia.

Territorial Sea and Exclusive Economic Zone of Namibia Act, 1990 (Act No. 3 of 1990, GG 28, 11/6/1990).

Comment: Extends territorial waters and fishing zone to 12 and 200 nautical miles, respectively. The Territorial Waters of South West Africa Proclamation, 1979, Proclamation AG 32, OG No. 4034, 07/11/79 was repealed by the Territorial Sea and Exclusive Economic Zone of Namibia Act, 1990 (Act No. 3 of 1990, GG 28, 11/6/1990).

Prevention and Combatting of Pollution of the Sea by Oil Act, 1981, Act No. 6, as amended by Act No. 63 of 1987.

Comment: RSA law not applied to Namibia. Its predecessor, Act 67 of 1971, applied to Namibia, but was administered by Pretoria, having been excluded from the scope of Proclamation AG 14 of 1978. Proposed Amendments in progress by the Ministry of Works, Transport and Communication.

Carriage of Goods by Sea Act, 1986, Act No. 17

Comment: RSA law not applied to Namibia. Proposed implementation in Namibia.

International Convention for the Prevention of Pollution from Ships Act, 1986, Act No. 2.

Comment: RSA law not applied to Namibia. Proposed implementation in Namibia.

International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Causalities Act, 1987, Act No. 64.

Comment: RSA law not applied to Namibia. Proposed implementation in Namibia.

13.9 CIVIL AVIATION

Carriage by Air Act, 1946, Act No. 17, as amended by Act No. 5 of 1964, No. 81 of 1979 and No. 97 of 1986.

Comment: RSA laws also applied to Namibia, and administered by DOT except Section 5, which was excluded from the scope of Proclamation AG 14 of 1978. Amendments since 1978 do not apply to Namibia de jure, but apparently de facto. Gives effect to Warsaw convention of 1929. Proposed Amendments in progress by the Ministry of Works, Transport and Communication.

Air Services Act, 1949, Act No. 51, as amended by Acts No. 6 of 1964, No. 43 of 1973 (Act No. 43 of 1973 was repealed by Act No. 94 of 1981) and No. 97 of 1986. Amended by Air Services Amendment Act 1991 (GG 216 dated 31.05.1991)

Comment: Former RSA laws also applied to Namibia, but administered by DOT except Section 2(2), and except Section 15 of the 1973 Amendment Act, having been excluded from the scope to Proclamation AG 14 of 1978. Is now fully administered by Windhoek. Amendments after 1978 do not apply to Namibia, de jure, but apparently de facto. Provides for licencing and control of air carrier and services.

Aviation Act, 1962, Act No. 74, as amended by Acts No. 12 of 1965, No. 55 of 1965, No. 83 of 1969, No. 10 of 1972, No. 62 of 1973, No. 63 of 1975, No. 64 of 1980, No. 63 of 1981, No. 4 of 1982, No. 1 of 1984, No. 97 of 1986 and No. 58 of 1987. Has been amended by Aviation Amendment Act 1991 (GG 226 dated 24.06.1991)

Comment: Former RSA laws also applied to Namibia and administered by DOT with the exception of Sections 3(1)(b), 3(2) and Section 12, relating to South African Aircraft outside of Namibia, having been excluded from the scope of Proclamation AG 14 of 1978. This Proclamation also amends Sections 2 and 5 of the principal Act. Amendments after 1978 do not apply to Namibia de jure, but apparently de facto. Gives effect to the Chicago Convention and Air Services Transit Agreement. Is now fully administered by Windhoek.

Aerodrome Ordinance, 1963, Ordinance No. 12 OG No. 2487, 28/06/63.

Comment: Sets out requirements for construction and maintenance of aerodromes. NB. The two state airports are governed by regulations under the Aviation Act of 1962.

Civil Aviation Offences Act, 1972, Act No. 10, as amended by Acts No. 29 of 1974, No. 63 of 1978 and No. 4 of 1981.

Comment: RSA law administered by DOT in terms of Proclamation AG 14 of 1978. Amendments after 1978. Amendments after 1978 do not apply to Namibia, de jure, but apparently de facto. Gives effect to the Tokyo, Hague and Montreal Conventions of 1963, 1970 and 1971, respectively. Proposed Amendments in progress by the Ministry of Works, Transport and Communication.

13.10 POST AND TELECOMMUNICATIONS

Post Office Act, 1958, Act No. 44, as amended by Acts No. 80 of 1959, No. 76 of 1961, No. 50 of 1962 (repealed by Act No. 94 of 1981), No 37 of 1963, No. 80 of 1965, No. 58 of 1966, No. 67 of 1968, No. 102 of 1969, No. 25 of 1970, No. 80 of 1971. No. 101 of 1972, No. 56 of 1973, No. 13 of 1974, No. 42 of 1974, No. 66 of 1974, No. 63 of 1975, No. 113 of 1976, No. 1 of 1978, No. 21 of 1980, No. 75 of 1981, No. 61 of 1982, No. 80 of 1982, No. 27 of 1983, No. 37 of 1984 and No. 7 of 1986.

Comment: RSA law also applied to Namibia and administered by DOPAT, with the exception of Section 54 of the Post Office Amendment Act of 1976, Act 113 of 1976, having been excluded from the scope of Proclamation AG 12 of 1978. Other exceptions were subsequently repealed by the Exchequer and Audit Amendment Proclamation of 1979; see below. Amendments passed after 1978 do not apply to Namibia. Basic law establishing and governing operations of the Department of Posts and Telecommunications.

Post Office Act Amendment Proclamation, 1979, Proclamation No. AG 6, OG No. 3904 22/02/79.

Comment: Makes RSA Post Office Amendment Act of 1978, Act No. 1 of 1978 applicable to Namibia.

Exchequer and Audit Amendment Proclamation, 1979, Proclamation No. AG 35, OG No. 4042, 29/11/79.

Comment: Transfers financial responsibility for DOPAT to the Directorate (now Department) of Finance in Windhoek; extends the scope of Proclamation AG 14 of 1978.

Post Office Amendment Act, 1985, Act No. 28, OG No. 5148, 18/12/85.

Comment: Clarifies the role of the Postmaster-General regarding making and selling of stationary.

13.11 WALVIS BAY

South-West Africa Affairs Act, 1922, Act No. 24.

Comment: Walvis Bay is to be administered as an integral part of Namibia. See Article 1 (4) of the Constitution of the Republic of Namibia.

The Walvis Bay Administrative Proclamation, Proclamation R 202, GG No. 5731, 31/08/77.

Comment: Repeals Section 36 of RSA Act No. 39 of 1968. Walvis Bay is to be administered as part of the Cape Province. See Article 1 (4) of the Constitution of the Republic of Namibia.

13.12 MISCELLANEOUS

Transport (Co-ordination) Act, 1948, Act No. 44, as amended.

Comment: RSA law also applied to Namibia. Establishes and defines the role of the National Transport Commission.

Railway Expropriation Act, 1955, Act No. 37.

Comment: RSA law, partially repealed in Namibia by Act 21 of 1987.

Municipal Ordinance, 1963, Ordinance No. 13, as amended, OG 2489, 29/06/63.

Comment: Provides for basic powers and responsibilities of local authorities.

Import and Export Control Act, 1963, Act No. 45, as amended.

Comment: RSA law also applied in Namibia.

Customs and Excise Act, 1964, Act No. 91, as amended.

Comment: RSA laws also applied in Namibia.

Companies Act, 1973, Act No. 61, as amended.

Comment: RSA law also applied in Namibia.

Expropriation Act, 1975, Act No. 63.

Comment: RSA law, partially repealed in Namibia by Act 21 of 1987.

Exchequers and Audit Act, 1975, Act No. 66.

Comment: RSA law also applied to Namibia. Repealed by State Finance Act, 1982 (Act 1 of 1982).

Rehoboth Self-Government Act, 1976, Act No. 56.

Comment: RSA law still in force, but repealed by the Constitution of the Republic of Namibia.

Expropriation Ordinance, 1978, Ordinance No. 13, OG No. 3796, 24/07/78.

Comment: Provides for expropriation and other property for public and certain other purposes.

13.13 OTHER LAWS (RSA) NOT ANY LONGER APPLIED IN NAMIBIA

Level Crossings Act, 1960, Act No. 41, as amended.

Comment: RSA law not applied to Namibia.

South African Transport Services Act, 1981, Act No. 65, as amended by Acts No. 6 of 1982, No. 13 of 1983, No. 5 of 1984, No. 93 of 1984, No. 44 of 1985, No. 46 of 1986.

Comment: RSA law repealed in Namibia by, inter alia Act 21 of 1987.

South African Transport Services Finance and Accounts Act, 1983, Act No. 17, 1983.

Comment: RSA law repealed in Namibia by Act 21 of 1987.

 

Dr.-Ing. Klaus Dierks M.P.
DEPUTY MINISTER FOR WORKS, TRANSPORT AND COMMUNICATION
1992-04-11

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