(RSA) (RSA GG

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1 (RSA GG 4426) brought into force in South Africa and South West Africa as follows (see section 46 of the Act): * sections 1-14, 16-24, 26-27, and were brought into force on 1 April 1975 by RSA Proc. R.74/1975 (RSA GG 4617); * sections 15 and 33 were brought into force on 1 September 1975 by RSA Proc. R.187/1975 (RSA GG 4815); * sections 25 and 28 were brought into force on 1 October 1975 by RSA Proc. 229/1975 (RSA GG 4855) APPLICABILITY TO SOUTH WEST AFRICA: Section 46 states This Act and any amendment thereof shall apply also in the territory of South West Africa, including the Eastern Caprivi Zipfel. Section 47 defines Republic to include the territory of South West Africa. TRANSFER TO SOUTH WEST AFRICA: The Act was under the authority of the Minister to whom the administration of this Act is from time to time assigned rather than under any particular government department (section 47). Section 3(2) of the Executive Powers (Interior) Transfer Proclamation AG 17 of 1978, specifically exempted the Act from the operation of section 3(1) of Executive Powers Transfer (General Provisions) Proclamation, AG 7 of 1977, meaning that the administration of the Act was not transferred to South West Africa by that transfer proclamation. Certain powers under the Act were transferred to the Administrator-General by the Publications Proclamation, AG 43 of 1978 (OG 3776). However, this Proclamation did not seem to function as a transfer proclamation. Under section 2 of AG 43 of 1978, the Administrator-General was given the power to amend, set aside or substitute any decision made by any committee referred to in the principal Act, by the Publications Appeal Board, or by the Directorate of Publications. However, these bodies were still in a position to make decisions which were applicable to South West Africa if the Administrator-General did not intervene. as amended by Publications Amendment Act 79 of 1977 (RSA) (RSA GG 5594) came into force on date of publication: 15 June 1977, except where otherwise provided (see annotations to individual sections) Publications Amendment Act 109 of 1978 (RSA) (RSA GG 6101) brought into force, with the exception of section 7, on 1 July 1978 by RSA Proc. 176/1978 (RSA GG 6086); section 7, which inserted section 35A into the Act, was brought into force on 2 October 1978 by RSA Proc. 246/1978 (RSA GG 6168) Publications Amendment Act 44 of 1979 (RSA) (RSA GG 6433) came into force on date of publication: 9 May 1979 Divorce Act 70 of 1979 (RSA) (RSA GG 6506) came into force on 1 July 1979 (section 19 of Act 70 of 1979) Registration of Newspapers Amendment Act 98 of 1982 (RSA) (RSA GG 8280) section 3 brought into force on 1 May 1983 by RSA Proc. 64/1983 (RSA GG 8688); the other sections do not appear to have been brought into force, so only the amendment made by section 3 is reflected here

2 Republic of Namibia 2 Annotated Statutes Publications Amendment Act 60 of 1986 (RSA) (RSA GG 10306) sections 1-11 and brought into force on 1 January 1987 by RSA Proc. 227/1986 (RSA GG 10558); section 12 does not appear to have been brought into force, so the amendment made by that section is not reflected here First Law Amendment (Abolition of Discriminatory or Restrictive Laws for the Purposes of Free and Fair Election) Proclamation, AG 14 of 1989 (OG 5726) came into force on date of publication: 8 June 1989 Customs and Excise Act 20 of 1998 (GG 1900) brought into force on 1 August 1998 by GN 186/1998 (GG 1918) The Publications Proclamation, AG 43 of 1978 (OG 3776), which came into force on its date of publication, 3 July 197, does not amend the Act but it supplements it by giving the Administrator- General of South West Africa certain powers in respect of its administration. The substantive provisions of this Proclamation are as follows: Interpretation 1. A reference in this Proclamation to a decision which was or may be given, shall be construed as including a reference to a prohibition, exemption, permit, condition, certificate, declaration or any other thing which was or, as the case may be, may be imposed, granted, issued or done. Powers of Administrator-General in relation to Act 42 of 1974 in South West Africa 2. (1) The Administrator-General may amend or set aside any decision which was given under any provision of the Publications Act, 1974 (Act 42 of 1974), by a committee referred to in that Act or the Publications Appeal Board, the chairman of that appeal board or the Directorate of Publications so referred to, or substitute for such decision any other decision that may be so given. (2) A decision given under subsection (1) by the Administrator-General, shall in the application of the said Act in the territory of South West Africa, be deemed to be a decision of a committee, the Publications Appeal Board, the chairman of that appeal board or the Directorate of Publications, as the case may be, that could have given that decision under the relevant provisions of the said Act: Provided that in such application a reference in the said Act to the Gazette, shall be construed as a reference to the Official Gazette there shall be no appeal to the Publications Appeal Board against such a decision. ACT To provide for the control of certain publications or objects, films and public entertainments; to amend the Post Office Act, 1958; to repeal the Publications and Entertainments Act, 1963; to amend the Customs and Excise Act, 1964, and the Indecent and Obscene Photographic Matter Act, 1967; and to provide for incidental matters. (Afrikaans text signed by the State President) (Assented to 1 October 1974) 1. Recognition of Christian view of life 2. Directorate of Publications 3. Functions of directorate ARRANGEMENT OF SECTIONS CHAPTER I DIRECTORATE COMMITTEES AND ADVISORY COMMITTEES

3 Republic of Namibia 3 Annotated Statutes 4. Committees 5. Persons eligible for appointment as members of committees 6. Coloured Advisory Committee 7. Indian Advisory Committee CHAPTER II PUBLICATIONS OR OBJECTS 8. Production, distribution, importation or possession of certain publications or objects prohibited 9. Powers of committees relating to publications or objects 10. Applications for decisions by committees to be submitted to directorate 11. Directorate to cause applications and publications or objects to be submitted to committees 12. Duties of director relating to decisions of committees 13. Appeals against certain declarations, prohibitions or decisions of committees 14. Reconsideration by appeal board of decisions that publications or objects are not undesirable 15. Review after lapse of two years of decisions that publications or objects are undesirable 16. Director to publish lists of certain publications or objects in the Gazette 17. Powers of entry, examination and seizure 18. Duties of publishers CHAPTER III FILMS 19. Prohibition of exhibition or publication of films which have not been approved 20. Applications for approval of films 21. Examination of and decision on films by committees 21A. Prohibition of possession of certain films 22. Certificate of approval 23. Appeal to appeal board against rejection or conditions of approval of films 24. Reconsideration of decisions of committees in terms of which films have been approved 25. Review of certain decisions on films after lapse of two years 26. Prohibited films 27. Performance of certain acts in relation to films prohibited 28. Certain films to be sent to director 29. Registration of persons conducting business of maker, distributor or exhibitor of films 29A. Director shall compile and keep up to date list of certain films CHAPTER IV PUBLIC ENTERTAINMENTS 30. Committee may prohibit giving of certain public entertainments or may impose conditions 31. Appeal against prohibition of giving of public entertainment or condition imposed in respect of giving thereof 32. Reconsideration of decision of committee that public entertainment is or will not be undesirable 33. Review of certain decisions on certain public entertainments after lapse of two years 34. Giving of certain public entertainments prohibited 35. Publications Appeal Board 35A. Committees of experts CHAPTER V PUBLICATIONS APPEAL BOARD

4 Republic of Namibia 4 Annotated Statutes 35B. Persons eligible for appointment as members of committees 36. Procedure of appeal board 37. Contempt of appeal board 37A. Influencing of directorate or committees 38. Decisions of committees, directorate or appeal board not appealable 38A. Statement of question of law for opinion of Supreme Court 39. Review of decisions of appeal board by Supreme Court CHAPTER VI MISCELLANEOUS PROVISIONS 40. Representations to appeal board in relation to applications for permits and exemptions 41. Admission of certain persons free of charge at exhibitions of films and at public entertainments 42. Undue influence of committee, directorate or appeal board prohibited 42A. Copies of certain editions shall not be taken into account for purposes of fixing certain amounts 42B. Prohibition of publication of certain advertisements 43. Penalties 44. Regulations 44A. Allowances payable to certain persons 45. Exclusion of other laws in respect of exhibition or publication of films 46. Application of Act to South West Africa 47. Definitions 48. Amendment of section 29 of Act 44 of 1958, as amended by section 21 of Act 26 of [deleted] 50. Amendment of section 1 of Act 37 of Amendment of section 2 of Act 37 of Repeal of laws 53. Short title and commencement ARRANGEMENT OF SECTIONS Sections INTRODUCTORY PROVISION Recognition of Christian view of life CHAPTER I DIRECTORATE, COMMITTEES AND ADVISORY COM- 2-7 MITTEES Directorate of Publications Functions of directorate Committees Persons eligible for appointment as members of 5 committees Coloured Advisory Committee Indian Advisory Committee CHAPTER II PUBLICATIONS OR OBJECTS Production, distribution, importation or possession 8 of certain publications or objects pro- hibited Powers of committees relating to publications or 9 objects

5 Republic of Namibia 5 Annotated Statutes Applications for decisions by committees to be 10 submitted to directorate Directorate to cause applications and publications 11 or objects to be submitted to committees.. Duties of director relating to decisions of committees Appeals against certain declarations, prohibitions 13 or decisions of committees Reconsideration by appeal board of decisions that 14 publications or objects are not undesirable.. Review after lapse of two years of decisions that 15 publications or objects are undesirable.. Director to publish lists of certain publications or 16 objects in the Gazette Powers of entry, examination and seizure.. 17 Registration of publishers CHAPTER III FILMS Prohibition of exhibition or publication of films 19 which have not been approved..... Applications for approval of films Examination of and decision on films by committees Certificate of approval Appeal to appeal board against rejection or conditions 23 of approval of films Reconsideration of decisions of committees in 24 terms of which films have been approved.. Review of certain decisions on films after lapse 25 of two years Prohibited films Performance of certain acts in relation to films 27 prohibited Certain films to be sent to director Registration of persons conducting business of 29 maker or distributor of films CHAPTER IV PUBLIC ENTERTAINMENTS Committee may prohibit giving of certain public 30 entertainments or may impose conditions.. Appeal against prohibition of giving of public 31 entertainment or condition imposed in respect of giving thereof Reconsideration of decision of committee that 32 public entertainment is or will not be undesirable Review of certain decisions on certain public 33 entertainments after lapse of two years.. Giving of certain public entertainments prohibited 34 CHAPTER V PUBLICATIONS APPEAL BOARD Publications Appeal Board

6 Republic of Namibia 6 Annotated Statutes Procedure of appeal board Contempt of appeal board Decisions of committees, directorate or appeal 38 board not appealable Review of decisions of appeal board by Supreme 39 Court CHAPTER VI MISCELLANEOUS PROVISIONS Representations to appeal board in relation to 40 applications for permits and exemptions.. Admission of certain persons free of charge at 41 exhibitions of films and at public entertainments Undue influence of committee, directorate or 42 appeal board prohibited Penalties Regulations Exclusion of other laws Application of Act to South West Africa Definitions Amendment of the Post Office Act, Amendment of the Customs and Excise Act, Amendment of section 1 of the Indecent or Obscene 50 Photographic Matter Act, Amendment of section 2 of the Indecent or 51 Obscene Photographic Matter Act, Repeal of laws Short title and commencement BE IT ENACTED by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:- Recognition of Christian view of life 1. In the application of this Act the constant endeavour of the population of the Republic of South Africa to uphold a Christian view of life shall be recognized. Directorate of Publications CHAPTER I DIRECTORATE COMMITTEES AND ADVISORY COMMITTEES 2. (1) There shall be a directorate to be known as the Directorate of Publications. The directorate shall perform the functions entrusted to it under this Act. (2) The directorate shall consist of a director, to be known as the Director of Publications, a deputy director and the number of assistant directors, but not exceeding three, determined by the Minister.

7 Republic of Namibia 7 Annotated Statutes The members of the directorate shall be appointed by the Minister and shall be persons who in his opinion are by reason of their educational qualifications and knowledge fit to perform the functions entrusted to the directorate under this Act. (3) The period and conditions of office, remuneration and allowances of the members of the directorate shall be determined by the Minister in consultation with the Minister of Finance. [subsection (3) amended by Act 60 of 1986] (4) The administrative work incidental to the performance of the functions of the directorate shall be performed by officers designated by the Secretary for the purposes of this Act: Provided that any officer who is not serving with the department shall be so designated only with the concurrence of the head of the department where such officer is serving. (5) The director shall preside at all meetings of the directorate at which he is present, and if he is absent from any meeting, the deputy director shalt preside, and if both the director and the deputy director are absent from any meeting, the members present thereat shall elect one of their number to preside at that meeting. (6) Two members of the directorate shall constitute a quorum, and the decision of the majority of members present at a meeting of the directorate shall be the decision of the directorate: Provided that in the event of an equality of votes the person presiding at the meeting in question shall have a casting vote in addition to his deliberative vote. [subsection (6) substituted by Act 79 of 1977] (7) Meetings of the directorate shall be held at such times as the director, or in his absence the deputy director, may determine. (8) Any document purporting to have been signed by the director and stating that a function was performed by the directorate shall be sufficient proof of the performance of that function by the directorate. (9) The seat of the directorate shall be determined by the Minister. In order to be able to perform its functions efficiently the directorate may, with the approval of the Minister, establish an office at any place. [subsection (9) substituted by Act 79 of 1977] Functions of directorate 3. (1) The directorate shall - perform such functions in respect of publications or objects, films, public entertainments and intended public entertainments as may be entrusted to it under this Act or any other Act; at the request of any committee, submit any matter relating to any function of that committee to any person who is an expert on that matter, for his advice; advise the Minister concerning any matter arising from the application of any provision of this Act which is referred to the directorate by the Minister.

8 Republic of Namibia 8 Annotated Statutes (2) The directorate may submit any matter relating to its functions to any person whose name appears on the list referred to in section 5(1), or to any other person who is an expert on such matter, for his advice. Committees [subsection (2) inserted by Act 79 of 1977] 4. (1) The directorate shall from time to time appoint such number of committees as it may consider necessary for the achievement of the purposes of this Act. (2) A committee referred to in subsection (1) shall consist of such number of members, but not fewer than three, as may be appointed by the directorate subject to the provisions of section 5. (3) Any person who has been designated under section 5(3) and who is appointed as a member of a committee under subsection (2), shall act as chairman of the committee concerned: Provided that if two persons who have been so designated are appointed as members of the same committee, the person who is determined by the directorate shall act as chairman of the committee concerned, while the other person shall act as chairman of that committee in the absence of the first-mentioned person. (4) Three members of a committee shall constitute a quorum and the decision of the majority of members present at a meeting of the committee shall be the decision of the committee: Provided that in the event of an equality of votes the person presiding at the meeting in question shall have a casting vote in addition to his deliberative vote. (5) The period of office of members of a committee shall be determined on appointment. The conditions of office, remuneration and allowances of members of a committee shall be determined by the Minister in consultation with the Minister of Finance. [paragraph amended by Act 60 of 1986] Persons eligible for appointment as members of committees 5. (1) No person shall be appointed as a member of a committee unless his name appears on the list referred to in paragraph. Such list shall be compiled every three years by the Minister and shall be supplemented by him from time to time when necessary. [Paragraph is substituted by Act 79 of 1977 with effect from 1 April 1978, in terms of section 23(2) of Act 79 of 1977.] (2) Persons whose names are included in the list referred to in subsection (1), shall be persons who in the opinion of the Minister are by reason of their educational qualifications and knowledge fit to perform the functions entrusted to committees under this Act. (3) The Minister shall designate as many of the persons referred to in subsection (1) as he may deem necessary to serve, subject to the provisions of the proviso to section 4(3), as chairmen of committees when they are appointed as members thereof. Coloured Advisory Committee

9 Republic of Namibia 9 Annotated Statutes 6. (1) The Executive of the Coloured Persons Representative Council of the Republic of South Africa may appoint every three years an advisory committee consisting of not more than five members to advise committees in respect of any question relating to the exhibition of films to coloured persons which is referred by the committees to that advisory committee. [Subsection (1) is substituted by Act 79 of 1977 with effect from 1 April 1978, in terms of section 23(2) of Act 79 of 1977.] (2) The Executive referred to in subsection (1) shall appoint a member of the advisory committee referred to in that subsection, as chairman of that advisory committee. (3) No person other than a person who is competent to vote in an election of members of the council referred to in subsection (1), shall be appointed as a member of the advisory committee referred to in that subsection. (4) The remuneration and allowances of the members of the advisory committee referred to in subsection (1) shall be as prescribed. Indian Advisory Committee 7. (1) The Executive Committee of the South African Indian Council may appoint every three years an advisory committee consisting of not more than five members to advise committees in respect of any question relating to the exhibition of films to Indians which is referred by the committees to that advisory committee. [Subsection (1) is substituted by Act 79 of 1977 with effect from 1 April 1978, in terms of section 23(2) of Act 79 of 1977.] (2) The Executive Committee referred to in subsection (1) shall appoint a member of the advisory committee referred to in that subsection, as chairman of that advisory committee. (3) No person other than a person who is competent to be a member of the council referred to in subsection (1), shall be appointed as a member of the advisory committee referred to in that subsection. (4) The remuneration and allowances of the members of the advisory committee referred to in subsection (1) shall be as prescribed. CHAPTER II PUBLICATIONS OR OBJECTS Production, distribution, importation or possession of certain publications or objects prohibited 8. (1) No person shall - produce an undesirable publication or object; or distribute a publication or object, if that publication or object is in terms of a decision of a committee undesirable and that decision has been made known by notice in the Gazette; or

10 Republic of Namibia 10 Annotated Statutes (ba) distribute a publication or object in conflict with any condition imposed under this Act in respect of the distribution thereof, if such imposition has been made known by notice in the Gazette; or [paragraph (ba) inserted by Act 109 of 1978] (d) except on the authority of a permit issued under section 12(2), distribute any edition of a publication or object, if the distribution of that edition has been prohibited under section 9(2) and that prohibition has been made known by notice in the Gazette; or possess any publication or object, if the possession of that publication or object has been prohibited under section 9(3) and that prohibition has been made known by notice in the Gazette; or (da) distribute any publication or object referred to in paragraph (d); [paragraph (da) inserted by Act 60 of 1986] (db) possess any publication or object referred to in paragraph (d) with the object of distributing it; [paragraph (db) inserted by Act 60 of 1986] (e) except on the authority of a permit issued under section 12(2), import any publication or object, if the importation of that publication or object has been prohibited under section 9(4) and that prohibition has been made known by notice in the Gazette. (2) The provisions of this section shall not apply with reference to - the printing of any pleading, transcript of evidence or other document for use in connection with any judicial proceedings or the communication thereof to persons concerned in the proceedings; the printing or publication - of any notice or report in pursuance of the directions of a court of law; of any matter in any separate volume or part of any bona fide series of law reports which does not form part of any other publication and consists solely of reports of proceedings in courts of law; (iii) [subparagraph (iii) deleted by Act 79 of 1977] (iv) [paragraph (iv) deleted by Act 79 of 1977] (3) The directorate may, after receipt of an application in the prescribed form and on such conditions as it may deem fit, exempt in writing any person, publisher or distributor of publications or objects or institution from any provision of this section, either indefinitely or for a period determined by it, and may at any time by notice in writing to the person, publisher, distributor or institution concerned withdraw any exemption granted under this subsection.

11 Republic of Namibia 11 Annotated Statutes [subsection (3) amended by Act 60 of 1986] (4) No prosecution shall be instituted for a contravention of subsection (1) - (iii) unless the publication or object which forms the subject of the charge, is in terms of a decision of a committee undesirable; if that decision is one against which an appeal may be noted under section 13, until the period within which such an appeal may be noted has expired or, if such an appeal has been noted against that decision, until the appeal board has decided on that appeal; and except on the written authority of the attorney-general having jurisdiction in the area in question. A notice published in the Gazette stating that a publication or object is in terms of a decision of a committee undesirable, shall for the purposes of this Act be conclusive proof of the undesirability of that publication or object. [paragraph amended by Act 44 of 1979] (4A) Any publication or object which is in terms of a declaration of the board under section 8 of the repealed Act (except a declaration under paragraph of subsection (1) of that section) undesirable or is in terms of a decision of the board under section 113 (3) of the Customs and Excise Act, 1964 (Act No. 91 of 1964), indecent, obscene or objectionable and which is in force at the commencement of this Act, shall for the purposes of subsection (1) be deemed to be a publication or object which is in terms of a decision of a committee, made known by notice in the Gazette, undesirable. [Subsection (4A) is inserted by Act 79 of 1977 with effect from 1 April 1975, in terms of section 23(1) of Act 79 of The Customs and Excise Act 91 of 1964 has been replaced by the Customs and Excise Act 20 of 1998.] (5) Any person who contravenes any provision of this section shall be guilty of an offence. (6) If in an prosecution in terms of paragraph (db) of subsection (1) it is proved that the accused had at any particular time in his possession more than one copy of a publication or object referred to in that paragraph, it shall be presumed that the accused possessed the publication or object with the object of distributing it, unless the contrary is proved. [subsection (6) inserted by Act 60 of 1986] Powers of committees relating to publications or objects 9. (1) A committee may, if - any edition of a publication or object which is published periodically in the Republic is in its opinion undesirable; and in its opinion, every subsequent edition of that publication or object is likely to be undesirable, declare every edition of such publication or object to be undesirable.

12 Republic of Namibia 12 Annotated Statutes After a declaration referred to in paragraph has been made known by notice in the Gazette, every subsequent edition of that publication or object shall be deemed to be undesirable until that declaration is withdrawn by a committee and the withdrawal is made known by similar notice. (2) A committee may, if any edition of any publication or object which is published periodically in the Republic is in terms of a decision of a committee undesirable, prohibit the distribution, except under the authority of a permit issued under section 12(2), of all subsequent editions of that publication or object, and may at any time withdraw such prohibition: Provided that if a prohibition was imposed and withdrawn under this subsection no further prohibition shall be imposed in respect of the distribution of editions of the publication or object in question, unless after such withdrawal a decision has been given by a committee in terms of which an edition of the publication or object is undesirable. (3) A committee may prohibit the possession by any person of any publication or object which is in terms of a decision of a committee undesirable. (4) A committee may prohibit the importation, except on the authority of a permit issued under section 12(2), of publications or objects which - are published by a specific publisher; or deal with any specific subject, if that committee is of the opinion that such publications or objects are undesirable or are likely to be undesirable, and may at any time withdraw such prohibition. (4A) A committee may impose one or more conditions in respect of the distribution of any publication or object. [subsection (4A) inserted by Act 60 of 1986] (5) The director shall without delay submit a decision imposing a prohibition referred to in subsection (3) to the appeal board, and the appeal board shall confirm or set aside that decision. 14) - (6) In the application of the provisions of this Act (but except the provisions of section any declaration made by the board under section 8(1)(e) of the repealed Act, shall be deemed to be a declaration made by a committee under subsection (1); any prohibition imposed by the board under section 8(1)(d) of the repealed Act, shall be deemed to be a prohibition imposed by a committee under subsection (4). Applications for decisions by committees to be submitted to directorate 10. (1) Any person who desires to - obtain a decision of a committee on the question whether a publication or object is undesirable in the opinion of a committee; (aa) obtain a decision of a committee on the question whether the distribution of a publication or object should in the opinion of a committee be subject to any conditions;

13 Republic of Namibia 13 Annotated Statutes [paragraph (aa) inserted by Act 60 of 1986] apply for a permit for the distribution of any edition of a publication or object referred to in section 8(1); or apply for a permit for the importation of a particular edition of a publication or object referred to in section 8(1)(e), shall submit an application together with the prescribed amount (if any) to the director. (1A) If an application has been submitted under paragraph of subsection (1) in respect of a publication or object, it shall be deemed that an application has also been submitted under paragraph (aa) of subsection (1) in respect of that publication or object, and if an application has been submitted under the said paragraph (aa) in respect of a publication or object, it shall be deemed that an application has also been submitted under the said paragraph in respect of that publication or object. [subsection (1A) inserted by Act 60 of 1986] (2) An application referred to in subsection (1) or (aa) shall be accompanied by the publication or object in question, and an application for a permit referred to in subsection (1) or shall be accompanied by a copy of the edition in question. [paragraph amended by Act 60 of 1986] If it is not practicable to submit a publication or object as required by paragraph, the applicant shall in his application specify the place where that publication or object may be examined by a committee. (3) No amount shalt be payable under this section by any person who submits a publication or object under subsection (1) in the performance of a function entrusted to him under this Act, the Customs and Excise Act, 1964 (Act No. 91 of 1964), or any other Act. [The Customs and Excise Act 91 of 1964 has been replaced by the Customs and Excise Act 20 of 1998.] Directorate to cause applications and publications or objects to be submitted to committees 11. (1) After receipt of an application under section 10(1) the directorate shall without delay cause to be submitted to a committee for its decision, that application together with the publication or object in question, or a copy of the edition in question (as the case may be). The directorate may, of its own accord, cause to be submitted any other publication or object to a committee for its decision. (2) The committee referred to in subsection (1) shall without delay - examine the publication or object or copy submitted to it under that subsection; without hearing any person -

14 Republic of Namibia 14 Annotated Statutes decide whether that publication or object or edition is undesirable in its opinion; and if the committee decides that that publication or object or edition is not undesirable, decide whether the distribution thereof should in its opinion be subject to any conditions and, if the committee decides that such distribution should be so subject, impose in respect of such distribution such condition or conditions as it may think fit; and [paragraph amended by Act 60 of 1986] inform the director of its decision and of the reasons therefor. (3) The conditions which may be imposed under this Act in respect of the distribution of a publication or object or any edition thereof may inter alia - require that the publication or object in question or an edition thereof shall not be sold, hired out, lent or otherwise be made available to persons falling within a specified age group; determine the manner in which the publication or object or edition in question shall be or shall not be displayed or exhibited in public. [subsection (3) inserted by Act 60 of 1986] Duties of director relating to decisions of committees 12. (1) The director shall inform the person who made an application under section 10(1), of the decision of the committee given in respect of that application under section 11(2), and, if requested thereto by that person or any other person having a direct financial interest in the publication or object in question, inform such person or other person of the reasons for that decision. [subsection (1) substituted by Act 79 of 1977] (2) If a committee, in the case of an application for a permit for the distribution of an edition of a publication or object referred to in section 8(1), or in the case of an application for a permit for the importation of any edition of a publication or object referred to in section 8(1)(e), decides that the copy of the edition in question submitted to it under section 11(1), is not undesirable, the director shall without delay issue to the person who made the application a permit for the distribution in which are stated the conditions, if any, imposed under section 11(2) in respect thereof, or for the importation (as the case may be) of the edition in question. (3) The director shall, if a committee - [subsection (2) amended by Act 60 of 1986] has made or withdrawn a declaration under section 9(1); has imposed a prohibition under section 9(2), (3) or (4); has withdrawn a prohibition under section 9(2) or (4); (d) has given a decision under section 11(2) in terms of which a publication or object is undesirable (except a decision given in respect of an application for a permit for

15 Republic of Namibia 15 Annotated Statutes the distribution or importation of a particular edition of a publication or object referred to in section 8(1) or (e)); (e) (f) has given a decision under section 11(2) in respect of an application for a permit for the distribution or importation of a specified edition of a publication or object referred to in section 8(1) or (e), in terms of which the edition in question is not undesirable, has given a decision under section 11(2) in terms of which conditions are imposed in respect of the distribution of a publication or object or edition thereof, [paragraph (f) inserted by Act 60 of 1986] without delay make known such declaration, withdrawal, prohibition or decision by notice in the Gazette: Provided that the director shall not thus make known a decision imposing a prohibition referred to it in section 9(3) unless the appeal board has confirmed that decision. (4) A notice referred to in subsection (3)(d) whereby a decision referred to in that subsection is made known, shall specify the provision of section 47(2) by virtue of which it was decided that the publication or object is undesirable. Appeals against certain declarations, prohibitions or decisions of committees 13. (1) If a committee - has made a declaration under section 9(1); has imposed a prohibition under section 9(2), (3) or (4); (d) has decided under section 11(2) that a publication or object or any edition of a publication or object is undesirable; or has given a decision under section 11(2) in terms of which conditions were imposed in respect of the distribution of a publication or object or edition thereof, the directorate, or any person on whose application that publication or object or a copy of that edition was submitted to the committee, or any person who has a direct financial interest in the publication or object or edition in question, may appeal to the appeal board. [subsection (1) amended by Act 60 of 1986] (2) An appeal under this section shall be noted by lodging with the clerk of the appeal board a notice of appeal setting out in full the grounds of appeal, and such notice shall, except in the case of an appeal by the directorate, be accompanied by the prescribed amount. An appeal by the directorate shall be noted within 14 days from the date on which the committee informed the director of the decision, prohibition or declaration in question, and an appeal by any person referred to in subsection (1), shall be noted within thirty days from the date on which the declaration, prohibition or decision in question was made known in the Gazette or, if the decision in question was not thus made known, within 30 days from the date on which the person who made the application in question was informed by the director of that decision: Provided that in any case where a person has noted an appeal against a decision referred to in paragraph (d) of subsection (1), the right of the directorate to appeal against that

16 Republic of Namibia 16 Annotated Statutes decision shall not lapse before the expiry of a period of seven days from the day upon which the appeal of such person was noted. [paragraph amended by Act 60 of 1986; not all changes indicated by amendment markings] If the directorate appeals under this section, the director shall without delay make known that fact by notice in the Gazette. (3) Upon receipt of a notice of appeal under subsection (1), the chairman of the appeal board may in his discretion suspend the declaration, prohibition or decision in question until the appeal board has determined that appeal. The director shall without delay make known a suspension under paragraph by notice in the Gazette. (4) The appeal board shall not consider an appeal of the directorate under this section before the expiry of the period within which a person referred to in subsection (1) may appeal against that declaration, prohibition or decision, unless before the expiry of that period any such person appeals under this section against that declaration, prohibition or decision, in which event the appeal of any such person and the appeal of the directorate shall be heard together. If the appeal board has considered an appeal under this section against any declaration, prohibition or decision, it shall not hear any further appeal thereunder against that declaration, prohibition or decision. (5) The appeal board shall - consider the declaration, prohibition or decision which forms the subject of an appeal under this section; except in the case of an appeal noted in terms of paragraph (d) of subsection (1), decide whether the publication or object or edition in question is undesirable in its opinion, and if it is of the opinion that such publication or object or edition is not undesirable, set aside the declaration, prohibition or decision in question and, if it is of the opinion that the distribution of such publication or object or edition should be subject to conditions, impose in respect of such distribution such conditions as it may think fit; or if it is of the opinion that the publication or object or edition is undesirable, confirm the declaration, prohibition or decision in question. in the case of an appeal under subsection (1)(d), delete or replace any of the conditions imposed in respect of the distribution of the publication or object or, in addition to any such conditions, impose any other condition in respect of such distribution. [subsection (5) amended by Act 109 of 1978 and by Act 60 of 1986] (6) The director shall without delay inform the appellant of the decision of the appeal board under subsection (5) and, if such decision was given under subsection (5) or, the director shall without delay -

17 Republic of Namibia 17 Annotated Statutes make known the decision of the appeal board by notice in the Gazette; withdraw by notice in the Gazette the notice published under section 12(3) in respect of the declaration, prohibition or decision in question; and if the decision of the appeal board relates to a decision of a committee in respect of an application under section 10(1) or - issue a permit for the distribution subject to such conditions, if any, as the appeal board may have thought fit, or importation (as the case may be) of the edition in question to the person who made that application; or amend any permit issued under section 12(2) by - (aa) imposing conditions in respect of the distribution of such edition; or (bb) deleting or replacing any condition imposed in respect of the distribution of that edition or, in addition to such conditions, imposing any other condition in respect of such distribution. [subsection (6) amended by Act 109 of 1978 and by Act 60 of 1986; not all changes of punctuation made by Act 60 of 1986 indicated by amendment markings] (6A) [subsection (6A) amended by Act 109 of 1978 and deleted by Act 60 of 1986] (7) A decision of the appeal board under this section shall for the purposes of this Act be deemed to be a decision of a committee. Reconsideration by appeal board of decisions that publications or objects are not undesirable 14. (1) If a committee has decided under section 11(2) that a publication or object or any edition of a publication or object is not undesirable - the directorate may within a period of 14 days from the date upon which the committee informed the director of the decision, appeal to the appeal board by causing to be lodged with the clerk of the appeal board a notice of appeal setting out in full the grounds of appeal; [paragraph amended by Act 60 of 1986] the Minister may at any time direct the appeal board to reconsider that decision. (2) Upon receipt of a notice of appeal or direction under subsection (1), the chairman of the appeal board may in his discretion suspend the decision in question, as well as any permit issued by virtue of that decision, until the appeal board has determined that appeal. If the decision of a committee which forms the subject of an appeal or direction referred to in subsection (1), was made known under section 12(3) in the Gazette, and that decision, or a permit issued by virtue of that decision, is suspended under paragraph, the director shall by like notice make known the suspension of the decision or permit.

18 Republic of Namibia 18 Annotated Statutes (3) If an appeal or direction is noted or given under subsection (1), the director shall make known that fact by notice in the Gazette and shall in that notice specify a period within which persons referred to in paragraph may make representations to the appeal board. The person on whose application the publication or object in question or a copy of the edition in question was submitted to a committee, or any person who has a direct financial interest in the publication or object or edition in question, may within the period specified in the notice referred to in paragraph, make written representations to the appeal board. The provisions of section 36(3) shall apply mutatis mutandis in respect of a person who submitted representations to the appeal board under this subsection. (4) The appeal board shall reconsider a decision which forms the subject of an appeal or a direction referred to in subsection (1), and shall decide whether the publication or object or edition to which such decision relates is undesirable in its opinion. If the appeal board decides that the publication or object or edition in question - is not undesirable, it shall confirm the decision in question: Provided that - (aa) if it is of the opinion that the distribution of such publication or object or edition should be subject to conditions, it shall impose in respect of such distribution such conditions as it may think fit or, if conditions have already been imposed in respect of the distribution of the publication or object or edition, delete or replace any such condition or in addition to such conditions impose any other condition in respect of such distribution; (bb) if a permit was issued in pursuance of the decision, it shall amend such permit, when applicable, in accordance with decision referred to in subparagraph (aa); is undesirable, it shall set aside the decision in question and, if a permit was issued in pursuance of such decision, it shall withdraw such permit. [paragraph amended by Act 109 of 1978 and by Act 60 of 1986] (5) The director shall without delay - inform the Minister (in the case of a direction under subsection (1)) and any person who made representations under subsection (3), of the decision of the appeal board under this section; make known a decision of the appeal board referred to in the proviso to subsection (4) or in subsection (4) by notice in the Gazette. [paragraph amended by Act 109 of 1978] (6) A permit amended or withdrawn by the appeal board under subsection (4), shall be deemed to have been amended or withdrawn on the date on which the amendment or withdrawal was made known by notice in the Gazette.

19 Republic of Namibia 19 Annotated Statutes [subsection (6) amended by Act 109 of 1978] (7) A decision of the appeal board referred to in the proviso to subsection (4) or in subsection (4) shall for the purposes of this Act be deemed to be a decision of a committee. [subsection (7) amended by Act 109 of 1978] (8) For the purposes of paragraph of subsection (1) decision shall include - any declaration made by the board under section 8 or 8A of the repealed Act (except a declaration under paragraph of subsection (1) of the said section 8) that the publication or object concerned is not undesirable; any decision given by the board under section 113(3) of the Customs and Excise Act, 1964 (Act No. 91 of 1964), that the publication or object concerned is not indecent, obscene or objectionable. [Subsection (8) is inserted by Act 79 of The Customs and Excise Act 91 of 1964 has been replaced by the Customs and Excise Act 20 of 1998.] Review after lapse of two years of decisions that publications or objects are undesirable 15. (1) After the lapse of a period of two years from the date upon which a decision was given that a publication or object is undesirable - the directorate shall on the application of any person; the directorate may, of its own accord, cause that publication or object to be submitted to a committee and shall request that committee to decide whether that publication or object is undesirable in its opinion. The provisions of section 10 shall apply in respect of an application referred to in paragraph. (2) The committee referred to in subsection (1) shall - examine the publication or object in question; without hearing any person, decide whether or not that publication or object is undesirable in its opinion; inform the director of its decision and of the reasons therefor. (3) The director shall inform any person who made an application under subsection (1) of the decision of the committee in respect of that application and, if requested thereto by such person or any other person having a direct financial interest in the publication or object in question, of the reasons for such decision. [subsection (3) substituted by Act 79 of 1977 and amended by Act 60 of 1986] (4) If a committee has decided under subsection (2) -

20 Republic of Namibia 20 Annotated Statutes that a publication or object is undesirable; or has decided that a publication or object is not undesirable but, has decided that a condition or conditions should be imposed in respect of the distribution of the publication or object, the directorate or any person at whose request that publication or object was submitted to that committee or any person having a direct financial interest in the publication or object in question, may appeal to the appeal board. [Paragraph is amended by Act 60 of The words has decided at the beginning of subparagraph are superfluous as they also appear in the opening phrase of paragraph.] (d) The provisions of section 13(2) shall apply in respect of an appeal under this subsection. The provisions of paragraphs and of section 13(2) shall apply in respect of an appeal by the directorate under this subsection. An appeal under this subsection by a person referred to in paragraph, shall be noted within a period of thirty days as from the date upon which such person was informed of the decision of the committee. (5) An appeal by the directorate under subsection (4) shall not be heard before the expiry of a period of thirty days from the date on which the committee informed the director of the decision in question, unless any person referred to in that subsection appeals against that decision before the expiry of that period, in which event the appeal of such person and the appeal of the directorate shall be heard together. (6) The appeal board shall - (d) examine the publication or object which forms the subject of an appeal under subsection (4); decide whether that publication or object is undesirable in its opinion; if it decides that such publication or object is undesirable, dismiss the appeal; if it decides that the publication or object is not undesirable, set aside the decision referred to in subsection (1) which relates to that publication or object and, if it is of the opinion that the distribution of such publication or object should be subject to conditions, impose in respect of such distribution such conditions as it may think fit. [paragraph (d) amended by Act 109 of 1978] (7) The director shall without delay make known a decision of the appeal board under subsection (6) (d) by notice in the Gazette. [subsection (7) amended by Act 109 of 1978] (8) If a committee has decided under subsection (2) that a publication or object is not undesirable - it shall decide whether the distribution thereof should in its opinion be subject to conditions and, if the committee decides that the distribution should be so