GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$4.00 WINDHOEK - 17 March 2014 No Government Notice OFFICE OF THE PRIME MINISTER. No.

Similar documents
GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$4.40 WINDHOEK - 31 December 2013 No. 5385

GOVERNMENT GAZE'M'E REPUBLIC OF NAMIBIA

REPUBLIC OF SOUTH AFRICA LEGAL PRACTICE AMENDMENT BILL, 2017

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$2.00 WINDHOEK - 7 May 2010 No. 4480

ANNEXURE A REPUBLIC OF SOUTH AFRICA LEGAL PRACTICE AMENDMENT BILL

GOVERNMENT GAZETrE REPUBLIC OF NAMIBIA

COMMUNAL PROPERTY ASSOCIATIONS AMENDMENT BILL

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

COMMUNAL PROPERTY ASSOCIATIONS AMENDMENT BILL, 2016

REPUBLIC OF SOUTH AFRICA. Judicial Matters Amendment Bill, 2016

Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the

DEFENCE AMENDMENT BILL

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

Government Gazette REPUBLIC OF SOUTH AFRICA

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

JUDICIAL MATTERS AMENDMENT BILL

Government Gazette REPUBLIC OF SOUTH AFRICA

TRANSFER TO SOUTH WEST AFRICA: This Act post-dated the transfer proclamations. as amended by

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

BUILT ENVIRONMENT PROFESSIONS LAWS AMENDMENT BILL, 2017 BILL

REPUBLIC OF SOUTH AFRICA

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$6.20 WINDHOEK - 14 August 2009 No. 4322

REPUBLIC OF SOUTH AFRICA BANKS AMENDMENT BILL. (As introduced in the National Assembly (proposed section 75);

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

Government Notices Goewermentskennisgewings

DEPARTMENT OF HEALTH NO NOVEMBER 2015 REPUBLIC OF SOUTH AFRICA NATIONAL HEALTH LABORATORY SERVICE AMENDMENT BILL (MINISTER OF HEALTH)

PRIVATE SECURITY INDUSTRY REGULATION AMENDMENT BILL

OF THE REPUBLIC OF NAMIBIA CONTENTS. No. 38 Promulgation of Magistrates' Court Amendment Act, 1999 (Act I of 1999), of the Parliament...

INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA AMENDMENT ACT

HIGHER EDUCATION AMENDMENT BILL

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

Sections 14 and 18 commenced after the expiry of the term of office of the members of the National Council in office when Act 8 of 2014 was enacted.

Government Gazette Staatskoerant

Government Gazette REPUBLIC OF SOUTH AFRICA

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

LEGAL PRACTICE AMENDMENT BILL

FORESTRY LAWS AMENDMENT ACT

Government Gazette REPUBLIC OF SOUTH AFRICA

PRIVATE SECURITY INDUSTRY REGULATION AMENDMENT BILL

PROVISION OF LAND AND ASSISTANCE AMENDMENT BILL

NOTICE 1095 OF 2014 DEPARTMENT OF TRANSPORT PUBLICATION FOR COMMENTS OF THE DRAFT AIRPORTS COMPANY AMENDMENT BILL, 2014

Public Service Commission Act 2 of 1990 (GG 27) came into force on date of publication: 8 June 1990 ACT

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

NO. 23 OF 1999: HARMFUL BUSINESS PRACTICES AMENDMENT

Namibia Press Agency Act 3 of 1992 (GG 382) came into force on date of publication: 2 April 1992

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

2 No GOVERNMENT GAZETTE, 21 JANUARY (English text signed by the President.) (Assented to 16 January 2008.) ACT

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

Government Gazette REPUBLIC OF SOUTH AFRICA. Vol. 438 Cape Town 7 December 2001 No

LAND RESTITUTION AND REFORM LAWS AMENDMENT BILL

MAINTENANCE AMENDMENT BILL

RENTAL HOUSING AMENDMENT BILL

LEGAL PRACTICE AMENDMENT BILL

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

ENFORCEMENT OF FOREIGN CIVIL JUDGMENTS ACT 28 OF 1994 [ASSENTED TO 16 NOVEMBER 1994] [DATE OF COMMENCEMENT: 29 NOVEMBER 1994] (Signed by the

Government Gazette REPUBLIC OF SOUTH AFRICA

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

LABOUR RELATIONS AMENDMENT BILL

PROVISION OF LAND AND ASSISTANCE AMENDMENT ACT

The Bill is attached and further copies can be obtained from Mr Siyabonga Shozi of the

COMPANIES AMENDMENT BILL

Government Gazette Staatskoerant

LAND RESTITUTION AND REFORM LAWS AMENDMENT ACT

MAGISTRATES COURTS AMENDMENT BILL

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$11.60 WINDHOEK - 26 June 2012 No. 4973

REPUBLIC OF SOUTH AFRICA

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

PUBLIC AUDIT AMENDMENT BILL

NO. 78 OF 1997: QUALIFICATION OF LEGAL PRACTITIONERS AMENDMENT ACT, 1997.

Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No dated 02 February Government Gazette

LABOUR RELATIONS AMENDMENT BILL

Expropriation Ordinance 13 of 1978 (OG 3796) came into force on date of publication: 24 July 1978

GOVERNMENT GAZETI'E REPUBLIC OF NAMIBIA

Government Gazette REPUBLIC OF SOUTH AFRICA

Government Gazette REPUBLIC OF SOUTH AFRICA. AIDS HELPLINE: Prevention is the cure

REPUBLIC OF SOUTH AFRICA

Trust Fund for Regional Development and Equity Provisions Act 22 of 2000 (GG 2451) brought into force on 5 March 2001 by GN 38/2001 (GG 2492)

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

GOVERNMENT GAZETTE STAATSKOERANT

Enforcement of Foreign Civil Judgments Act 28 of 1994 (GG 978) came into force on date of publication: 29 November 1994

Government Gazette REPUBLIC OF SOUTH AFRICA

MEDICINES AND RELATED SUBSTANCES AMENDMENT BILL

EXPROPRIATION ACT 63 OF 1975

Government Gazette REPUBLIC OF SOUTH AFRICA. Vol. 476 Cape Town 11 February 2005 No

(1 May 2008 to date) ELECTRICITY REGULATION ACT 4 OF 2006

ELECTRICITY REGULATIONS FOR COMPULSORY NORMS AND STANDARDS FOR RETICULATION SERVICES (GN R773 in GG of 18 July 2008)

Meat Corporation of Namibia Act 1 of 2001 (GG 2522) brought into force on 3 May 2001 by GN 80/2001 (GG 2521) ACT

(17 September 2008 to date) ELECTRICITY REGULATION ACT 4 OF 2006

The Minister of Social Development intends to introduce table the Children's Second

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$4.40 WINDHOEK - 14 July 2010 No Government Notice OFFICE OF THE PRIME MINISTER. No.

(2 August 2017 to date) PROMOTION OF ADMINISTRATIVE JUSTICE ACT 3 OF 2000

Government Gazette REPUBLIC OF SOUTH AFRICA

MEDICAL AID FUNDS ACT 23 OF (Signed by the President) as amended by. Namibia Financial Institutions Supervisory Authority Act 3 of 2001 ACT

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

ACT. (Signed by the President on 9 June 2012) ARRANGEMENT OF SECTIONS PART I INTRODUCTORY PROVISIONS

Transcription:

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA N$4.00 WINDHOEK - 17 March 2014 No. 5428 CONTENTS Page GOVERNMENT NOTICE No. 33 Promulgation of (Act No. 1 of 2014), of the Parliament... 1 Government Notice OFFICE OF THE PRIME MINISTER No. 33 2014 PROMULGATION OF ACT OF PARLIAMENT The following Act which has been passed by the Parliament and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution. No. 1 of 2014:.

2 Government Gazette 17 March 2014 5428 EXPLANATORY NOTE: Words underlined with a solid line indicate insertions in existing provisions. [ ] Words in bold type in square brackets indicate omissions from existing provisions. ACT To amend the Act, 1995, so as to insert a certain definition; to provide for further situations where the State has the right of preference to purchase land; to provide for a negotiating committee on purchase prices; and to provide for incidental matters. (Signed by the President on 12 March 2014) BE IT ENACTED as passed by the Parliament, and assented to by the President of the Republic of Namibia, as follows: Amendment of section 1 of Act No. 6 of 1995, as amended by section 1 of Act No. 16 of 2000, section 1 of Act No. 2 of 2001, section 1 of Act No. 13 of 2002 and section 1 of Act No. 14 of 2003 1. Section 1 of the Act, 1995 (in this Act referred to as the principal Act ) is amended by the substitution for the definition of alienate of the following definition: alienate, in relation to agricultural land, means sell, exchange, donate or otherwise dispose of, whether for any valuable consideration or otherwise, and includes, in the case where such land is registered in the name of - a company, the sale or transfer of shares of the company to another person; or a close corporation, the sale or transfer of any member s interest in the close corporation or any portion of such interest to another person. Substitution of section 9 of Act No. 6 of 1995, as amended by sec 6 of Act 13 of 2002 and section 1 of Act No. 8 of 2013 2. The following section is substituted for section 9 of the principal Act: Committees 9. (1) There is established for every region a regional resettlement committee to assist the Commission in the exercise of such of its powers or the performance of such of its duties or functions under this Act as the Commission may delegate or assign to the committee.

5428 Government Gazette 17 March 2014 3 (2) A regional resettlement committee established under subsection (1) consists of not less than 11 and not more than 19 members - the regional governor appointed in terms of the Special Advisors and Regional Governors Appointment Act, 1990 (Act No. 6 of 1990) for the respective region who is the chairperson of the committee; one or more members of the Commission, designated by the Commission for that purpose, and, if the Commission considers it necessary, one or more other suitable persons who are not members of the Commission appointed by the Commission. (3) The Commission may - establish one or more committees to assist the Commission in the exercise of such of its powers or the performance of such of its duties or functions under this Act as the Commission may delegate or assign to it; at any time dissolve or reconstitute a committee contemplated in paragraph. (4) If so authorised by the Commission, a committee may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of a meeting of the committee, but such person has no vote. (5) A delegation or assignment under this section may be made subject to such conditions and restrictions as the Commission may determine and may, at any time, be varied or withdrawn by it. (6) The Commission is not divested or relieved of any power or function delegated or assigned by it under this section, and may, without prejudice of a right, vary or set aside any decision taken in the exercise of the power so delegated.. Amendment of section 17 of Act No. 6 of 1995, as amended by section 9 of Act No. 13 of 2002 3. Section 17 of the principal Act is amended -. by the substitution for subsections (1A), (2) and (3) of the following subsections: (1A) Whenever one or more members of a company or close corporation which is the owner of agricultural land intends to sell or transfer - in the case of a company, any shares of the company [which would have the effect of passing the controlling interest in the company] to another person; or

4 Government Gazette 17 March 2014 5428 in the case of a close corporation, any interest or interests in the close corporation, or any portion of such interest, [which would have the effect of passing the controlling interest in the close corporation] to another person, it shall, for the purposes of subsection (1) of this section and section 17A(3), be deemed that the company or close corporation in its capacity as owner of the agricultural land held by it, intends to alienate such land. ; by the insertion after subsection (1A) of the following subsection: (1B) An owner of agricultural land who intends to have a usufruct registered over the whole or part of such land in favour of a person, other than a relative of the owner, it is, for the purposes of subsection (1) and section 17B(3), deemed that the owner intends to alienate such land, and for the purpose of this subsection relative means spouse, child, parent or sibling of the owner. ; (c) by the substitution for subsections (2) and (3) of the following subsections: (2) Notwithstanding anything to the contrary in any law contained but subject to subsection (3), no agreement of alienation of agricultural land entered into by the owner of such land, or, in the case where such land is alienated by a company or close corporation in the circumstances contemplated in paragraphs and, respectively, of the definition of alienate, no agreement of sale or instrument of transfer or transfer otherwise of any shares of the company or of any member s interest in the close corporation or of any portion of such interest [which, but for this subsection, would have passed the controlling interest in the company or close corporation] to another person, shall be of any force and effect until the owner of such land - has first offered such land for sale to the State; and has been furnished with a certificate of waiver in respect of such land and in respect of a specific buyer who in most cases must be a previously disadvantaged person contemplated in Article 23(2) of the Namibian Constitution. (3) Subsections (1) and (2) shall not apply where agricultural land is alienated - by or to a regional council or a local authority council or a body corporate as defined in section 1, but only to the extent that such land is alienated otherwise than being sold in the open market; [in the administration of a deceased estate or] in accordance with a redistribution of assets in [such an] a deceased estate between heirs and legatees;

5428 Government Gazette 17 March 2014 5 [(c) (d) (e) by the trustee of an insolvent estate or the liquidator of a company, close corporation or co-operative society in the liquidation of such estate or the winding-up of such company, close corporation or co-operative society; by a deputy-sheriff or messenger of the court in the execution of a judgment or an order of a competent court;] by a co-owner of such land to another co-owner thereof, except where - (i) (ii) the other co-owner is a foreign national; or such land is owned by a company or close corporation; or (f) in such other circumstances as the Minister may prescribe. ; (d) by the substitution for subsection (6) of the following subsection: (6) Within 14 days after the receipt of the recommendations of the Commission, the Minister shall by notice in writing to the owner concerned, either - decline the offer and issue to the owner a certificate of waiver; or if the Minister decides to acquire the land in question for the purposes contemplated in section 14(1) - (i) (ii) accept the offer; or if the Minister, acting on the recommendation of the Commission, considers the purchase price specified in the offer to be excessive - (aa) (bb) make a counter offer to such owner, specifying the price which the Minister is prepared to pay for the land; inform the owner that if such counter offer is not accepted by the owner, the owner [may not later than a date specified by the Minister in the notice, which shall not be sooner than 90 days from the date of notice, make an application to the Lands Tribunal for the determination of the purchase price] must inform the

6 Government Gazette 17 March 2014 5428 Minister in writing within 14 days of receipt of the counter offer; and [(cc) advise the owner of the provisions of subsection (7)]. (iii) (iv) after receipt of the letter referred to in paragraph (ii)(bb), the Minister must convene a negotiating committee to negotiate the purchase price with the owner, and advise the Minister. if the negotiating committee and the owner fail to reach an agreement on the purchase price - (aa) (bb) the owner, not later than 60 days after the failure to reach the agreement, may make an application to the Lands Tribunal for the determination of the purchase price; and the committee must forthwith advise the owner of the provisions of subsection (7). ; and (e) by the substitution for subsection (7) of the following subsection: (7) Unless - (c) the Minister has issued to the owner a certificate of waiver; the Minister, acting on a recommendation of the Commission, and the owner have agreed on the purchase price for the land in question; or the Minister, acting on the advice of the negotiating committee, and the owner have agreed on the purchase price, it shall be deemed that the owner has accepted a counter offer made by the Minister in terms of subsection (6)(ii) if, upon expiry of the [date determined and specified by the Minister in terms] period specified in subparagraph (iv) of that subsection, the owner has not made application to the Lands Tribunal for the determination of the purchase price.. Amendment of section 20 of Act No. 6 of 1995, as amended by section 11 of Act No. 13 of 2002 and section 4 of Act No. 14 of 2003 4. The following subsections are substituted for subsection (1) of section 20 of the principal Act.

5428 Government Gazette 17 March 2014 7 (1) Subject to subsection (1A), where the Minister, after consultation with the Commission, decides to acquire any property for the purposes of section 14(1) and - the Minister and the owner of such property are unable to negotiate the sale of such property by mutual agreement; or the whereabouts of the owner of such property cannot be ascertained after diligent inquiry, the Minister may, subject to the payment of compensation in accordance with the provisions of this Act, expropriate such property for such purpose. (1A) The Minister may prescribe criteria to be used for the expropriation of agricultural land.. Amendment of section 62 of Act No. 6 of 1995, as amended by section 25 of Act No. 13 of 2002 5. Section 62 of the principal Act is amended by the deletion of paragraph of subsection (1). Short title 6. This Act is called the.