governmentgazetteextwprlegs1.fao.org/docs/pdf/nam94399.pdf · members of regional councils, and...

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GOVERNMENT GAZETTEOF THE

REPUBLIC OF NAMIBIA

R5,60 WINDHOEK - 31 August 1992 No. 469

CONTENTS

Page

GOVERNMENT NOTICE

No. 115 Promulgation of Regional Councils Act, 1992 (Act 22 of 1992), of theNational Assembly """"'"''''''''''''''''''''''''''''''''''

Government Notice

OFFICE OF THE PRIME MINISTER

No.115 1992

PROMULGATION OF ACT OFTHE NATIONAL ASSEMBLY

The following Act which has been passed by the National Assembly and signed bythe President in terms of the Namibian Constitution is hereby published in terms ofArticle 56 of that Constitution.

No. 22 of 1992: Regional Councils Act. 1992.

Act No. 22, 1992 REGIONAL COUNCILS ACT, 1992

ACT

To establish regional councils in respect of regionsdetermined in accordance with Article 103 of the Na-mibian Constitution; to provide for the election byregional councils of members of the National Council;and to define the rights, powers, duties and functionsof such regional councils; and to provide for inciden-tal matters.

(Signed by the President on 28 August 1992)

ARRANGEMENT OF SECTIONS

INTRODUCTOR Y PROVISIONS

I. Definitions.

PART IESTABLISHMENT AND CONSTITUTION OF

REGIONAL COUNCILS

2. Establishment of regional councils.3. Seats of regional councils.4. Constitution of regional councils.5. Appointment of delimitation commission for purposes of changes to

boundaries of regions or creation of new regions, or division or re-divisionof regions into constituencies.

PART IIQUALIFICATIONS OF, AND DATES FOR ELECTIONS FOR,

MEMBERS OF REGIONAL COUNCILS, AND MEETINGSOF REGIONAL COUNCILS

6. Qualifications of members of regional councils.7. Oates for elections for members of regional councils.S. Periods of office or members of regional councils.

No. 469 Government Gazette 31 August 1992

REGIONAL COUNCILS ACT, 1992

3

Act No. 22, 1992

9. Oath by, and code of conduct for, members of regional councils.10. Vacation of office by members of regional councils, and filling of casual

vacanCIes.II. Meetings of regional councils.12. Minutes of meetings.13. Inspection of, copies of and extracts from, minutes.14. Validity of certain decisions taken by regional councils and acts per-

formed on authority of regional councils.IS. Remuneration, allowances and benefits of members of regional councils.16. Contracts with, and work for, regional councils in which members are

interested.17. Prohibited practices in respect of members of regional councils.

PART IIIMANAGEMENT COMMITTEES OF

REGIONAL COUNCILS

18. Management committees of regional councils.19. Manner of elections for chairperson and members of management com-

mittees.20. Vacation of office by members of management committees.21. Meetings of management committees.22. Powers, duties and functions of management committees.

P ART IVREGIONAL OFFICERS AND OTHER OFFICERS AND

EMPLOYEES OF REGIONAL COUNCILS

(')

23. Appointment of regional officers and other officeFs and employees byregional councils.

24. Application of Act 2 of 1980 to regional councils and regional officersand other officers and employees of regional councils.

25. Appointment of regional officers or other officers or employees orpersons in service of State without interruption of service in service ofother regional councils.

PART VELECTIONS FOR MEMBERS OF

NATIONAL COUNCIL

26. Elections for members of National Council by regional councils.27. Manner of elections for members of National Council by regional

councils.

1"1 \1. "+\J7


PART VIPOWERS, DUTIES, FUNCTIONS, RIGHTS

AND OBLIGATIONS OF REGIONAL COUNCILS

28. Powers, duties, functions, rights and obligations of regional councils.29. Delegation of powers by President to regional councils, and by regional

councils to management committees or regional officers or other officersor employees.

30. Agreements between regional councils or regional councils and Go-vernment of Namibia or local authority councils in relation to exercise orperformance of powers, duties and functions of regional councils,Government or local authority councils.

PART VIISETTLEMENT AREAS

31. Declaration of certain areas in regions as settlement areas.32. Management and control of settlement areas.

PART VIIIFINANCIAL MATTERS

33. Funds of regional councils.34. Accounting officers of regional councils.35. Financial year of regional councils.36. Estimates of revenue and expenditure of regional councils.37. Application of funds of regional councils.38. Auditing of accounting records of regional councils.39. Accounting records of regional councils.40. Financial statements and audit reports.

PART IXGENERAL PROVISIONS

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41. Public meetings for purposes of discussion of matters of public interest.42. Meetings of regional councils for purposes of discussion of matters of

mutual interest.43. Service of documents.

Act No. 22,1992

Government Gazette 31 August 1992


5No. 469

44. Offences relating to regional councils.45. Repeal and amendment of laws.46. Short title and commencement.

SCHEDULE 1

REGIONS IN RESPECT OF WHICH REGIONAL COUNCILSHA VE BEEN ESTABLISHED AND SEATS OF

REGIONAL COUNCILS

SCHEDULE 2

NUMBER OF MEMBERS OF REGIONAL COUNCILS ANDCONSTITUENCIES OF REGIONAL COUNCILS

BE IT ENACTED by the National Assembly of theRepublic of Namibia, as follows:-

INTRODUCTORY PROVISIONS

Definitions. 1. In this Act, unless the context indicates otherwise -

"chairperson" means the Governor of a regionalcouncil referred to in section 18;

"local authority council" means a local authoritycouncil as defined in section 1of the Local AuthoritiesAct, 1992;

"management committee" means the managementcommittee of a regional council established by section18;

"magistrate" includes any additional magistrate orassistant magistrate;


"Minister" means the Minister of Local Governmentand Housing;

"region" means the region in respect of which aregional council has been estabhshed and which isspecified in column 2 of Schedule I;

"regional council" means a regional council esta-blished under section 2;

,,"regional officer" means the regional officer of aregional council appointed under section 23;

"settlement area" means a settlement area declaredunder section 31.

PART IEST ABLlSHMENT AND CONSTITUTION OF

REGIONAL COUNCILS

Establishment of regionalcouncils.

2. (I) There shall be a regional council for everyregion specified in column 2 of Schedule I, to be known asthe regional council for that region.

(2) The boundaries of a region shall -

(a) in the case of a regional council established by thissection on the date of commencement of this Act,be the boundaries which have been established bythe President in terms of the provisions of Article137(4) of the Namibian Constitution by Pro-clamation 6 of 1992; or

(b) in the case of a region of which the boundarieshave been changed, or of a new region created, interms of Article 103(2) of the Namibian Con-stitution after the commencement of this Act, bethe boundaries made known by the President byProclamation in the Gazette in terms of section5(3) of this Act.

(3) As from the date on which the election for its firstmembers takes place, a regional council shall under itsname be a juristic person.

No. 469

Act No. 22, 1992

Seals of regIOnal councils.

Constitution of regionalcouncils.

(

Appointment of delimita-tion commission for pur-poses of changes toboundaries of regions orcreation of new regions,or devision or re~divisionof regions into consti-tuencies.



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3. The place specified in column 3 of Schedule 1opposite the name of the region of a regional council shallbe the seat of that regional council. .

4. (I) A regional council shall consist of the numberof persons determined in terms of Article 105 of theNamibian Constitution and specified in column 3 ofSchedule 2 opposite the name of such region specified incolumn 2 of that Schedule.

(2) A member of a regional council shall be elected inrespect of a constituency specified in column 4 of Schedule2 of which the boundaries have been fixed in accordancewith the provisions of Article 106(1) of the NamibianConstitution and which -

(a) in the case of a constituency situated within aregion contemplated in section 2(2)(a), shall bemade known by the President by proclamation inthe Gazette as soon as possible after the com-mencement of this Act; or

(b) in the case of the division or re-division of regionsor new regions into constituencies after the com-mencement of this Act as contemplated in section5(3), have been made known by the President byproclamation in the Gazette in terms of thatsection.

5. (1) The President -

(a) may at any time with a view to changing theboundaries of any region, or to creating any newregIOn;

(b) shall at intervals of not less than six years and notmore than 12 years, commencing from the com-mencement of this Act, with a view to re-dividingthe regions into constituencies,

appoint, in accordance with the provisions of Article104(1) of the Namibian Constitution, by proclamation inthe Gazette a delimitation commission to make recom-mendations to him or her in relation to such change, newregion or constituencies, as the case may be, and, inconsequence of any such change, the re-division of a regioninto constituencies, or in relation to the division of a newregion into constituencies.


(2) The delimitation commission appointed in termsof subsection (I) -

(a) shall, for purposes of determining the boundariesof any region, new region or constituency, givedue regard to -

(i) the number of eligible voters ordinarilyresident therein in comparison to the numberof such eligible voters in existing regions andconstituencies;

(ii) the geographical features thereof;

(iii) the infrastructure, resources and means ofcommunication which are situated therein;

(iv) the socio-economic characteristics and cir-cumstances which exist therein;

(v) the boundaries of districts, the areas of localauthorities and settlement areas;

(vi) the effective exercise and performance of itspowers, duties and functions by the regionalcouncil therein,

and generally any such other matter as may benecessary or expedient in achieving the objects ofthis Act;

(b) shall submit to the President a report containing-

(i) particulars of the change or new regioncontemplated in paragraph (a) of subsection(I) determined by the delimitation com-mission, with the recommended name forsuch region or new region and a definition ofthe boundaries of such region or new region;

(ii) the number of constituencies into which aregion or new region is to be divided or re-divided, with recommended names for suchconstituencies and a definition of the boun-daries of such constituencies;

No. 469 GO\crnmcnt Gazette 31 August 1992 9

Act No. 22, 11J1)2 REGIONAL COUNCILS ACT, 1992

(iii) a map showing the change or new region andthe constituencies into which any region ornew region is to be divided or re-divided;

(iv) such other particulars as it may deem nc-cessary or appropriate.

(3) The President -

(a) may refer to the delimitation commission for itsfurther consideration and final recommendationany matter relating to its report or arising out ofits powers, duties and functions;

(b) shall-

(i) in the case of any recommendation relatingto a change or new region referred to inparagraph (a) of subsection (I) which hasbeen accepted by him or her;

(ii) in the case of the division or re-division of aregion or new region into constituencies,

as soon as possible make known by proclamationin the Gazette the definition of the boundaries ofany such region of which the boundaries havebeen changed or any new region created or consti-tuencies into which a region or new region is to bedivided or re-divided in accordance with thereport referred to in subsection (2), together withthe names allotted by the President to suchregion, new region or constituencies.

(4) A proclamation referred to in paragraph (b)of subsection (3) -

.J(a) shall come into operation in relation to the next

general election for members of regional councilsheld after the date on which that proclamation ispublished and not earlier;

(b) may, if the boundaries of a region have beenchanged, provide -

Act '°. 22, 1992 REGIONAL COUNCILS ACT, 1992

(i) that anything done under this Act by or inrespect of a regional council specified in suchproclamation, shall, after the boundaries ofits region have been changed, be deemed,subject to the limitations, qualifications andconditions, if any, as may be so specified, tohave been done by or in respect of such otherregional council established in respect ofsuch other region as may be so specified;

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(ii) that the assets, liabilities, rights and obliga-tions of the regional council in respect ofwhich the boundaries of its region have beenchanged, shall, subject to the limitations,qualifications and conditions, if any, as maybe so specified, as from a date specified insuch proclamation, vest in any other regionalcouncil as may be so specified;

(iii) that any person who immediately before thecommencement of such proclamation heldan appointment as regional officer or otherofficer or employee of a particular regionalcouncil shall, as from such commencementa~d subject to such conditions and in accor-dance with such directives as may be con-tained in such proclamation, be appointed byany other regional council specified in suchproclamation;

(c) shall amend, substitute or repeal any procla-mation referred to in paragraph (a) of section 2(2)or paragraph (a) of section 4(2) in consequence ofany change of the boundaries of any region or thecreation of any new region or any division orre-division of a region or new region into consti-tuencies;

(d) shall, in the event vf any change in the numberand names of regions or constituencies into whichregions are divided or re-divided, amend orsubstitute Schedule I or 2 so as to bring suchSchedule in line with such change, division orre-division.

(5) (a) The registrar of deeds shall, in the case of anyasset referred to in subparagraph (ii) of paragraph(b) of subsection (4) consisting of immovable



II

Act No. 22, 1992

property which vests by virtue ofthe provisions ofthat subparagraph in a regional council uponproduction to him or her of the deed of any suchimmovable property, endorse such deed to theeffect that the immovable property describedtherein vests in that regional council and shallmake the necessary entries in his or her registers,and thereupon that deed shall serve and avail forall purposes as proof of the title of that regionalcouncil.

(b) No transfer duty, stamp duty or any other fee orcharge shall be payable in respect of any endorse-ment or entry referred to in paragraph (a).

PART IIQUALIFICATIONS OF, AND DATES FOR ELECTIONS FOR,

MEMBERS OF REGIONAL COUNCILS, AND MEETINGSOF REGIONAL COUNCILS

Qualifications of mem-bers of regional councils.

6. (l) Subject to the provisions of Article 17(2) oftheNamibian Constitution, no person shall be qualified to bea member of a regional council -

(a) unless he or she -

(i) is registered, in terms of the laws governingelections for members of regional councils,as a voter for an election for members ofregional councils;

(ii) is qualified to be elected as a member of theNational Council in terms of Article 72 of theNamibian Constitution;

(iii) is ordinarily resident within the constituencyfor which he or she is elected, or, if suchperson is not so resident at the time of his orher election, becomes so ordinarily residentwithin a period of three months as from thedate of his or her election as such a member;

(b) if he or she is a member of any other regionalcouncil.


(2) (a) Notwithstanding anything to the contrarycontained in any law, but subject to the provisionsof paragraph (b), a .remunerated member of thepublic service, contemplated in paragraph (e) ofArticle 47(1) of the Namibian Constitution, mayaccept nomination as candidate for election as amember of a regional council, but shall, if he orshe is elected as such a member, be deemed tohave resigned from the public service, as so con-templated, with effect from the date on which heor she is so elected.

~L ~

J!

(b) A remunerated member of the public servicereferred to in paragraph (a) who has been no-minated as candidate for election as a member ofa regional council shall be deemed to be on leaveuntil the date on which such election takes placeas if such leave were granted to him or her in termsof the laws governing the conditions of employ-ment of members of such public service or anyagreement governing the conditions of employ-ment of such member, as the case may be.

(3) For purposes of paragraph (a)(iii) of subsection(I), a person shall be regarded as being ordinarily residentin the constituency in question if his or her home or theplace where he or she normally lives and to which he or shereturns regularly after any period of temporary absence, iswithin such constituency.

(4) Any person who is in terms of the provisions ofthe Namibian Constitution and this section disqualified tobe a member of a regional council and who, while he or sheis so disqualified and knowing or having reasonablegrounds for knowing that he or she is so disqualified, sits asa member of such regional council, shall be liable to apenalty of R500 for each day on which he or she so sits,which may be recovered by such regional council by actionin any competent court for the benefit of the funds of suchregional council.

Dates lor elections for 7. (I) After the election for the first regional councils~)~j~C~I~"

of regional held by virtue of the provisions of Article 137(6) of theNamibian Constitution, a general election of members ofregional councils shall be held on a date, not later than sixyears as from the date on which such election for the firstregional councils has been held, determined by the Presi-

r:-- dent by proclamation in accordance with the provisions ofArticle 106(5) of the Namibian Constitution, and there-afte~ at intervals not exceeding six years on a datc so

',,~tkrmined.

No. 469

Act No. 22, 1992

Periods of office of mem-bers of regional councils.

Oath hI'. and code of eon-duct for. members of re-gional councils.

Vacation of office bymembers of regionalcouncils. and filling ofcasual vacancies.

Government Gazette J I August 1992

REGIONAL COliNCILS ACT, 1992

13

(2) Any general election of members of regionalcouncils or any election to fill a casual vacancy for amember of a regional council shall be held in accordancewith the laws governing elections for members of regionalcouncils.

8. A member of a regional council shall, subject to theprovisions of section W( 1), hold office as such a memberfor a period of six years -

(a) in the case of the first election for members ofregional councils, as from the date of suchelection;

(b) in the case of any general election for members ofregional councils held after such first election, asfrom the date following the date of expiry of theperiod of office of the members elected at suchfirst election or general election held from time totime after such first election.

9. (1) Every member of a regional council shall,before assuming his or her duties, make and subscribebefore the magistrate referred to in section 19 or, if suchmember assumes his or her duties after a chairperson hasbeen elected, the chairperson, an oath in the followingform:

/, A.B., do hereby swear and solemnly and sincerelypromise to befaithful to the Republic of Namibia, touphold and defend the Namibian Constitution andthe laws of the Republic of Namibia and to performmy duties as member of the regional council for the

, region diligently, honestly,

fairly and to the best of my ability.

So help me God.

(2) A member of a regional council may, in lieu of anoath, make and subscribe a solemn affirmation in corre-sponding form.

(3) The Minister may from time to time by notice inthe Gazette prescribe a code of conduct for members ofregional councils.

10. (1) A member of a regional council shall vacatehis or her office if he or she-


(a) becomes disqualified to be a member of a regionalcouncil;

(b) is convicted of any offence in terms of section16(3) or 17(2);

(c) in the case of a member who has been nominatedas a candidate by a political party in accordancewith the laws governing elections for members ofregional councils, ceases to be a member of thatpolitical party;

,/

(d) is absent, without the leave of the regional councilor, if authorized thereto by the regional council,the chairperson on three consecutive sitting daysof the regional council, and his or her absence isnot condoned by the regional council,

and may resign his or her office as member of the regionalcouncil by writing under his or her hand addressed to theregional officer of the regional council.

(2) When a member of a regional council has vacatedhis or her office as such a member in terms of this section orhas died, the regional officer shall forthwith by notice inthe Gazette give notice that a vacancy in the membershipof the regional council has occurred, the date on which itoccurred, the cause thereof and the constituency in respectof which it has occurred.

(3) A casual vacancy in a regional council shall befilled within three months after it has occurred by theelection, on a date to be determined by the President byproclamation in the Gazette, of a member as contemplatedin section 7(2) for the unexpired portion of the period ofoffice of the member who has vacated his or her office,unless the period of office of the member who has sovacated his or her office expires during the said period ofthree months.

(4) In paragraph (d) of subsection (1) "sitting days"mean separate days for which a meeting of the regionalcouncil has been convened and on which the regionalcouncil has actually sat.

No. 469

Act No. 22, 1992

Meetings of regionalcouncils.

(

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11. (1)(a) The first meeting of a regional council aftera general election for members of regional coun-cils shall be held at the seat of the regional counciland at such time, being a date not later than sevendays after such general election, as may bedetermined by the Minister, -and meetings there-after shall be held at such seat and at such times asmay from time to time be determined by thechairperson or, if, and for so long as, the office ofchairperson is vacant, by the regional officer.

(b) The chairperson or, if, and for so long as, theoffice of chairperson is vacant, the regionalofficer may at any time or, at a request in writingsigned by not less than half of the members of theregional council, shall within 14 days after receiptof such request or, if the National Council is thenin session, within 14 days after such session,convene a special meeting of the regional council.

(c) Notwithstanding the provisions of paragraph (a)or (b), no meeting of a regional council shall beconvened during any period during which the

. National Council is in session.

(d) A notice signed by the regional officer andcontaining the time, date and place of, and thematters to be dealt with at, every meeting of theregional council shall be delivered to everymember of the regional council so as to reach such!member at least 72 hours before such meeting.

(2) (a) Every meeting of a regional council shall beopen to the public, except on any matter relatingto -

(i) the appointment, promotion, conditions ofemployment and discipline of any particularofficer or employee of a regional-council;

(ii) any offer to be made by the regional councilby way of tender or otherwise for the pur-chase of any property;


(iii) the institution of any legal proceedings by, oropposition of any legal proceedings insti-tuted against, a regional council,

unless the regional council by a majority of atleast two-thirds of its members present at themeeting in question determines such meeting tobe so open. .~).

I':;'.

(b) The regional council may allow the regionalofficer or any other officer or employee of theregional councilor other interested person toattend any proceedings of a regional council andto take part in any such proceedings, but suchregional officer or other officer or employee orperson shall not have the right to vote in respect ofany decision of the regional council.

(3) The majority of the members of a regional councilshall form a quorum for a meeting of the regional council.

(4) If the chairperson is absent from a meeting of aregional council, the members present shall elect a personfrom amongst its members to preside at such meeting, andsuch person shall, while he or she so presides, have all thepowers and shall perform all the duties and functions ofthe chairperson.

(5) The decision of the majority of the members of aregional council present at a meeting thereof shall con-stitute a decision of the regional council, and, in the eventof an equality of votes relating to any matter, the memberpresiding at the meeting shall have a casting vote inaddition to his or her deliberative vote.

(6) (a) A regional council may make standing rulesin connection with the convening and holding of,and procedure at, meetings of the regional councilor any committee established by the regionalcouncil, including the conditions under which alanguage other than the official language may beused by a member during discussions at meetingsof the regional council.

(b) The Minister shall as soon as possible after thecommencement of this Act make standing rulescontemplated in paragraph (a) which shall applyin respect of every regional council until such time

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No. 469

Act No. 22, 1992

Minutes of meetings.

(

)

InspeClion of. copies ofand l'Xlr.H:1s from. mi-nute~.



17

as a regional council by any standing rules madeunder that paragraph provides otherwise.

(7) (a) Subject to the provisions of any rules madeunder subsection (6), there shall be freedom ofspeech and debate in any meeting of a regionalcouncil.

(b) No member of a regional council shall be subjectto any legal proceedings by reason of his or herspeech or vote in any meeting of the regionalcouncil.

12. (1) The regional officer or, if he or she is absentfrom a meeting of the regional council, the chairpersonshall cause minutes to be kept in the official language of allproceedings at meetings of the regional council, and theregional officer shall cause such minutes to be entered inone or more books kept by the regional officer for thatpurpose.

(2) The regional officer shall within seven days of anymeeting of the regional councilor such longer period as theMinister may allow, submit a copy of the minutes of suchmeeting to the Minister, together with a copy of the agendaof such meeting and any other connected documents orreports as may be required by the Minister.

(3) The minutes of the proceedings at any meeting ofa regional council shall be submitted at the next ordinarymeeting of the regional council for confirmation under thesignature of the chairperson and the regional officer.

(4) Any document purporting to be certified by or onbehalf of the regional officer as a true copy of or extractfrom any minutes of a meeting of the regional council shallon its mere production by any person at any judicial pro-ceedings be evidence of the taking place of anything whichaccording to that document took place at that meeting.

13. (I) The minutes of a meeting of a regionalcouncil as confirmed in accordance with the provisions ofsection 12(3),exciuding the minutes or part of suchminutes relating to any matter referred to in sectionII (2)(a) considered during a period during which ameeting of the regional council was not open to the public,shall during ordinary office hours be available for inspec-tion by any person.

Act No. 22, 1992

Validity of certain deci-sions taken by regionalcouncils and acts per-formed on authority ofregional councils.

Remuneration, allow-ances and benefits ofmembers of regionalcouncils.


(2) A regional council shall at the request of anyperson and on payment of an amount determined by theregional council, furnish such person with a copy of orextract from the minutes which may be inspected by suchperson under subsection (I).

14. (I) No decision taken by a regional councilor actperformed ,under the authority of a regional council shallbe invalid by reason only of a vacancy or of the fact that aperson who is not entitled to sit as a member of a regionalcouncil sat as such a member at the time when the decisionwas taken or the act was authorized, if the decision wastaken or the act was authorized by the requisite majority ofthe members who were present at the time and entitled tosit as members.

(2) No irregularity in the election of any person as amember of a regional councilor of a member as chair-person shall affect the validity of an act performed by suchperson or member under a provision of this Act or on theauthority of the regional council.

(3) For the purposes of this section, "regional coun-cil" shall include its management committee.

15. (I) A regional council may -

(a) payor provide to a member of a regional councilany remuneration, allowances or other benefitsnot exceeding such remuneration, allowances orother benefits as may be determined by thePresident by proclamation in the Gazette subjectto such conditions as may be so determined by thePresident;

(b) indemnify its members in respect of any harm,damage or loss suffered by them in the course ofthe exercise or performance of their powers,duties and functions.

(2) Any allowances or other benefits determinedunder subsection (I) may differ in respect of differentregional councils, and any remuneration, allowances andbenefits so determined may differ in respect of differentmembers of a regional council according to -

(a) the different offices held by them in the regionalcouncil; or

No. 469

Act No. 22, 1992

Contracts with, and workfor, regional councils inwhich members are inte-rested.

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19

(b) the different powers, duties and functions exer-cised or performed by them from time to time.

16. (1) If -

(a) a member of a regional council; or

(b) any other person -

(i) who is related to such member, whether byaffinity or consanguinity;

(ii) who is a member of the household of suchmember;

(iii) with whom such member is in terms of thetraditional laws and customs a partner in acustomary union; or

(iv) who is a partner, agent or business associateof such member,

is materially interested or intends to become so interestedin any contract which the regional council in question hasentered into or considers entering into or in any othermatter administered by or under the control of suchregional council, such member shall forthwith and inwriting -

(i) table full particulars of the nature and extent ofhis or her interest or intended interest; or

(ii) disclose his or her relation to any such person whois so interested or intends to become so interested,to the extent known to him or her,

at a meeting of the regional council.

(2) No member of a regional council shall in his or hercapacity of such a member be present if and when any votetakes place at any meeting of the regional council inconnection with any contract or matter referred to insubsection ( I).

(3) Any member of a regional council who contra-venes or fails to comply with the provisions of subsection(I) or (2). shall be guilty of an offence and be liable on

Act No. 22,1992

Prohibited practices inrespect of members ofregional councils.

\1d!1<1,!2l'111l'!11 l-()111fl11ILcC"

(II rq.!IlI!1dlllJUlllil\


conviction to a fine not exceeding R4 000 or to impri-sonment for a period not exceeding 12 months or to bothsuch fine and such imprisonment.

(4) No contract entered into or other act done by oron the authority of a regional councilor any memberthereof, shall be invalid merely by reason of a contra-vention of or failure to comply with any provision ofsubsection (l) or (2), but any such contract or act may, onapplication by the regional council concerned, be declaredinvalid by any competent court on account of any suchcontravention or failure.

17. (l) A member of a regional council shall notaccept any commission, remuneration or reward from anyperson other than the regional council for or in connectionwith the performance or non-performance of his or herpowers, duties and functions as such a member or inconnection with any transaction to which the regionalcouncil is a party.

(2) Any member of a regional council who contra-venes or fails to comply with the provisions of subsection(I) shall be guilty of an offence and liable on conviction toa fine not exceeding R8 000 or to imprisonment for aperiod of two years or to both such fine and suchimprisonment.

(3) Any member of a regional council who hasaccepted any commission, remuneration or reward incontravention of the provisions of subsection (I) shall payto the regional council an amount equal to the amount ofsuch commission, remuneration or reward together withan amount equal to an amount calculated at the percen-tage of a rate of interest prescribed in terms of section 1(2)of the Prescribed Rate of Interest Act, 1975 (Act 55 of1975), on such amount, or where it did not consist ofmoney, the value thereof as determined by the regionalcouncil. )

PART IIIMANAGEMENT COMMITTEES OF

REGIONAL COUNCILS

18. (I) There shall be a management Committee forevery regional council consisting of a chairperson, whoshall be called the Governor of the regional council, and ~

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Manner of elections forchairperson and membersof management commit-tees.



21

(a) in the case of a regional council consisting of lessthan nine members, two other members,

(b) in the case of a regional council consisting of nineor more members, three other members,

and who shall be elected by the regional council fromamongst its members in the manner provided in section 19.

(2) An election for members of a management com-mittee shall be held -

(a) in the case of the first such election after a generalelection of members of regional councils, at thefirst meeting of such regional council held aftersuch general election and before it proceeds to thedispatch of any other business;

(b) in the case where the office of a member of amanagement committee referred to in paragraph(a) becomes vacant before the expiration of his orher period of office by reason of the death of suchmember or the vacation by such member of his orher office for any other reason, on a date not laterthan 30 days after the office so became vacant;

(c) in the case of the expiration of the period of officeof a member of a management committee electedin an election held in terms of paragraph (a) or(b), on a date within a period of 30 days before thedate on which the period of office of the memberso elected expires.

(3) Subject to the provisions of section 20, a memberof a management committee shall hold office for thepenod referred to in Article 109(3) of the NamibianConstitution or, in the case of such a member elected in anelection held in terms of paragraph (b) of subsection (2),for the unexpired portion of the period of office for whichhis or her precedessor has been elected, but shall be eligiblefor re-election.

19. (I) A magistrate designated by the Minister ofJustice upon the request of the Minister, shall for purposesof the provisions of this section preside at a meeting of aregional council during which the election for the chair-person and the other members of its management commit-tee is held. and during such meeting no debate shall beallowed.


(2) A member of a regional council, having firstobtained the willingness by any instrument in writing of -

(a) a member whom he or she wishes to propose aschairperson of the management committee toserve if elected;

(b) not more than one member in respect of eachother vacancy to be filled in the managementcommittee whom he or she wishes to propose as amember or members of the management commit-tee to serve if elected,

may upon the submission of such instrument so proposesuch member or members, but any such proposal shalllapse if it is not seconded.

(3) A member may not propose or second his or herown candidature.

(4) A member who has already proposed or secondeda candidate for election as chairperson may not propose orsecond any other such candidate.

(5) If-

(a) only one candidate is proposed and seconded aschairperson;

(b) not more candidates than the number of othervacancies to be filled in the management com-mittee are proposed and seconded,

such candidate or candidates shall be declared duly electedby the magistrate presiding at the meeting.

(6) (a) If mor candidates than the number of va-cancies to e filled are proposed and seconded, avote shall b taken by secret ballot, each memberhaving one vote in respect of each vacancy.

(b) At any vot ng by secret ballot in terms of para-graph (a) -

(i) the magistrate presiding at the meeting shallissue to each member present a ballot paperbearing the names of the candidates and, onthe reverse side thereof, an official mark;

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(ii) a member shall record his or her vote byplacing a cross on the ballot paper oppositethe name or names of the candidate orcandidates for whom he or she wishes tovote, and shall fold the ballot paper in such amanner that the cross placed on it by him orher is not visible;

(iii) the magistrate presiding at the meeting shallcall the name of each member, whereuponthe member concerned shall, if he or shewishes to vote, proceed to the place where theballot box is situated and there place his orher ballot paper, folded as aforesaid, into theballot box;

(iv) as soon as every member who wishes to votehas done so, the magistrate presiding at themeeting shall examine the ballot papers anddetermine the number of votes cast for eachcandidate, and shall announce the result ofthe voting.

(7) The magistrate presiding at the meeting shalldeclare, in the case of an election for the chairperson, thecandidate, or, In the case of an election for the othermembers of the management committee, the candidatesequal to the number of vacancies to be filled, and in whosefavour the greater or greatest number of votes are recordedduly elected: Provided that the number of votes sorecorded shall not be less than the majority of all themembers of the regional council.

(8) If due to an equality of votes or to the proviso tosubsection (7), no candidate is, in the case of an election forthe chairperson, declared duly elected as contemplated inthat subsection, or, in the case of an election for the othermembers of the management committee, the number ofcandidates declared so elected are less than the number ofvacancies to be filled, the meeting shall be adjourned onone occasion to a time during that day or the next daydetermined by the magistrate presiding at such meetingafter consultation with the members of the regionalcouncil present at such meeting, whereupon at such anadjourned meeting a further vote shall be taken inaccordance with the provisions of subsection (9).

Act No. 22, 1992

Vacation of office bymembers of managementcommittees.


(9) (a) At an adjourned meeting contemplated insubsection (8) -

(i) the magistrate presiding at such meeting shallcall for nominations in respect of any va-cancy to be filled;

(ii) a member of the regional council shall havethe right to propose a member of the regionalcouncil in respect of each such vacancymutatis mutandis in accordance with theprovisions of subsections (2), (3) and (4).

(b) If-

(i) only one candidate is proposed and secondedas chairperson;

(ii) not more candidates than the number ofother vacancies to be filled in the manage-ment committee are proposed and seconded,

such candidate or candidates shall be declaredduly elected by the magistrate presiding at themeeting.

(c) If more candidates than the number of vacanciesto be filled are proposed and seconded, a voteshall be taken mutatis mutandis in accordancewith the provisions of subsection (6).

(d) The magistrate presiding at the meeting shalldeclare, in the case of an election for the chair-person, the candidate, or, in the case of an~~~~tion for the other members of the manage-

ment committee, the candidates equal to thenumber of vacancies to be filled, ud in whosefavour the greater or greatest number of votes arerecorded duly elected.

,

(e) If two or more candidates have receivedthe samenumber of votes the candidate to be elected shallbe determined by lot.

20. A member of a management committee shallvacate his or her office -

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Meetings of management

committees.

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25

(a) if he or she ceases to be a member of the regionalcouncil;

(b) (i) in the case of the chairperson, if he or she isabsent without the leave of the managementcommittee from three consecutive meetingsof the management committee, and his or herabsence is not condoned by the managementcommittee;

(ii) in the case of any other member, if he or she 1Sabsent without the leave of the managementcommittee or, if authorized thereto by themanagement committee, the chairpersonfrom three consecutive meetings of themanagement committee, and his or herabsence is not condoned by the managementcommittee;

(c) if the regional council resolves by a majority of allits members that it has no confidence in suchmember,

and may resign from his or her office by writing under hisor her hand addressed and delivered to the regional officer.

21. (1) Subject to any rules made under subsection(4), meetings of the management committee shall be heldat such places and times as may from time to time bedetermined by the chairperson.

(2) The majority of the members of a managementcommittee shall form a quorum for a meeting of themanagement committee.

(3) The decision of the majority of the members of themanagement committee present at a meeting thereof shallbe a decision of the management committee, and, in theevent of an equality of votes relating to any matter, theperson presiding at such meeting shall have a casting votein addition to his or her deliberative vote.

(4) A management committee may make rules inconnection with the convening and holding of, andprocedure at, meetings of the management committee.

Act No. 22,1992

Powers, duties and func-tions of managementcommittees.


22. (I) A management committee shall be required -

(a) to ensure that the decisions of the regional councilare carried out;

(b) to consider any matter entrusted to the regionalcouncil by virtue of any provision of this Act orany other law in order to advise the regionalcouncil on such matter;

",

(c) to prepare and compile for the approval of theregional council the estimates and supplementaryestimates of revenue and expenditure of theregional council;

(d) to control the expenditure of moneys voted by theregional council in its approved estimates andadditional estimates and all other moneys orfunds made available to the regional council;

(e) to report at meetings of the regional council onthe exercise of the powers and the performance ofthe duties and functions of the managementcommittee;

(f) to exercise any power conferred upon the ma-nagement committee under any provision of thisAct or any other law;

(g) to exercise any power of the regional councildelegated to the management committee by theregional council under section 29,

and may establish from time to time such committees as itmay deem necessary to advise it in the exercise of any of itspowers or the performance of any of its functions or dutiesand may appoint such members of the managementcommittee or such other persons as it may deem fit to bemembers of such committees. J

(2) A management committee may at any time inwriting request a regional council to reconsider anydecision referred to in paragraph (a) of subsection (1) withdue regard to such facts or other considerations as may beset out in such request.



27

Act No. 22,1992

PART IVREGIONAL OFFICERS AND OTHER OFFICERS AND

EMPLOYEES OF REGIONAL COUNCILS

Appointment of regionalofficers and other officersand employees by regio-nal councils.

23. (l) Subject to the provisions of section 24, aregional council shall -

f

(a) appoint, after consultation with the Minister, aperson as the regional officer of the regionalcouncil who shall be the chief executive officer ofthe regional council and who shall, subject to thecontrol and directions of the regional council, beresponsible for the carrying out of the decisions ofthe regional council and for the administration ofthe affairs of the regional council;

(b) appoint such other officers and employees of theregional council as it may deem necessary forpurposes of the performance of the work inci-dental to the exercise of the powers and theperformance of the duties and functions of theregional council.

(2) (a) No person shall be appointed under subsec-tion (I) as a chief executive officer, unless he orshe is a Namibian citizen.

(b) The Minister may from time to time determinethat, in respect of any such post on the fixedestablishment of a regional council as may bespecified by him or her, no person shall beappointed in such post unless it has been adver-tised in such manner and for such period as maybe so determined by the Minister.

)

(3) The powers conferred and the duties and func-tions imposed upon the regional officer by or under theprovisions of this Act or any other law may be exercised orperformed by the regional officer personally or, except inso far as the regional officer otherwise determines, by anyofficer or employee referred to in subsection (l)(b)engaged in carrying out such provisions under the di-rection and control of the regional officer.

(4) When the regional officer is absent or is unable toexercise his or her powers or to perform his or her duties orfunctions, or the office of regional officer is vacant, the

Act No. 22, 1992

Application of Act 2 of1980 to regional councilsand regional officers andother officers and em-ployees of regionalcouncils.


powers, duties and functions of the regional officer shall beexercised or performed by an officer or employee of theregional council designated by the regional council for thatpurpose.

24. (I) Subject to the provisions of section 23 andsubsection (2) ofthis section, the provisions of - ..\,

(a) sections 2(1) and (2), 6, except paragraph (i) ofsubsection (2),7,8(1) and (7), 9,10, lOA, II, 12,13, 14, except in so far as it relates to the chiefexecutive officer of a ministry, 15,16,17,18,19,20, 21, 22, 23, 23A, 24, 25, 26, 30 and 31 of thePublic Service Act, 1980 (Act 2 of 1980), and theregulations made, and the directions given there-under;

(b) the Pension Matters of Government InstitutionsProclamation, 1989 (Proclamation AG. 56 of1989), and the rules made thereunder; and

(c) sections 1, 6(3)(a)(i)(aa), (bb) and (dd), 7 and 8 ofthe Public Service Commission Act, 1990 (Act 2of 1990),

shall apply mutatis mutandis to regional councils andregional officers and the other officers and employeesreferred to in section 23( 1).

(2) For purposes of the application of -

(a) the provisions of the Public Service Act, 1980,referred to in subsection (I)(a) and the regulationsmade, and the directions given, thereunder -

(i) any reference to a ministry, shall be con-strued as a reference to a regional council;

(ii) any reference to the public service shall beconstrued as a reference to a regional councilservIce;

(iii) any reference to the revenue fund or accountthereof from which any person is remu-nerated, shall be construed as a reference tothe funds of a regional council;

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(iv) any reference to a chief executive officer shallbe construed as a reference to the regionalofficer of a regional council;

(v) any reference to a public office shall bedeemed to have been deleted;

(vi) the reference in section 6(l)(a)(ii) of that Actto the Cabinet, shall be construed as areference to a regional council;

(vii) the words "or in any other ministry or publicoffice" in paragraph (a) of subsection (2) ofsection 6 of that Act, shall be deemed to havebeen deleted;

(viii) the reference in subsection (3) of section 6 ofthat Act in so far as it relates to paragraph (a)of that subsection, shall be construed as areference to a regional council;

(ix) the words "of any law and which relates toany person" in the words preceding para-graph (a) of section 7( I) of that Act, shall bedeemed to have been substituted for thewords "sections 6(2)(h) and 11";

(x) the words preceding paragraph (a) of section7(2) of that Act, shall be deemed to have beensubstituted for the following words:

"(2) Any recommendation other than arecommendation referred to in subsection (1)or a recommendation for making regula-tions, made by the Commission in accor-dance with the provisions of any law -";

(xi) the references in sections 9, 12(3)(a) and (4),13(2), 14(3), (4), (6)(b) and (7), 15, 16, 17(2),18, 19, 23A, 24, 25, 26 of that Act to theCabinet, shall be construed as references to aregional council;

(xii) the following section shall be deemed to have

been substituted for section lOA:


"Appointmentof regionalofficer.

lOA. (I) Subject toprovisions of. this PartPart IV -

theand

(a) (i) a person who isappointed as an of-ficer in the office ofregional officer; or

(ii) an officerpromotedoffice,

who isto that

shall occupy that officefor a period as from thedate of his or her appoint-ment or promotion untiltwo years after the nextgeneral election of mem-bers of regional councilshas taken place;

(b) a term of office referredto in paragraph (a) may,subject to the provisionsof subsection (2), be ex-tended at the expirythereof for a further pe-riod or successive periodsas contemplated in thatparagraph.

(2) (a) The regional coun-cil shall in writing in-form the regional offi-cer concemed at leasttwo calendar monthsbefore the expiry of theterm contemplated insubsection (l)(a) orany previously exten-ded term contemplatedin subsection (l)(b), ofits intention to retainhim or her in servicefor an extended term,or not.

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(b) If the regional councilso informs the regionalofficer of its intentionto retain him or her inservice for an extendedterm, he or she shall inwriting inform the re-gional council withinone month from thedate of that communi-cation of his or heracceptance or not ofthat extended employ-ment. ";

(xiii) the words "or any other" in section 13(1) ofthat Act, shall be deemed to have beendeleted;

(xiv) the reference in section 13(6) of that Act tothe service of any other government, shall beconstrued as including a reference to thepublic service or the service of any oth_erregional council;

(xv) the word "may", where it occurs for the firsttime in section 15(11) and in section 18(13) ofthat Act, shall be deemed to have beensubstituted for the word "shall";

(xvi) the reference in paragraph (i) of section 17(1)of that Act to a legistlative body, shall beconstrued as including a reference to a regio-nal council;

(b) the Pension Matters of Government InstitutionsProclamation, 1989, referred to in subsection(1)(b) and the niles made thereunder -

(i) a regional council shall be deemed to be astatutory institution;

(ii) any service of a regional officer or otherofficer or employee of a regional councilwho, without any interruption of service, isappointed in the public service or in theservice of any other regional council shall,for purposes of the said rules, be deemed tobe uninterrupted as a member of the Govern-ment Institutions Pension Fund; and

Act No. 22, 1992

Appointment of regionalofficers or other officersor employees or persons inservice of State withoutinterruption of service inservice of other regionalcouncils.

Elections for members ofNational Council by re-gional councils.


(c) the provisions of the Public Service CommissionAct, 1990, referred to in subsection (1)(c)-

(i) any reference in section 6(3)(a) ofthat Act tothe President or the Government, shall beconstrued as including a reference to a re-gional council;

(ii) any refeJence to the public service, shall beconstrued as a reference to a regional councilserVIce.

25. (1) If-

(a) a regional officer or other officer or employee of aregional council is appointed without any inter-ruption of service in 'the service of any otherregional council, such regional officer, otheroffic.er or employee;

(b) a person in the service of the State is so appointedin the service of any regional council, such person;

(c) a regional officer or other officer or employee inthe service of a regional council is so appointed inthe service of the State, such regional officer,other officer or employee,

shall be entitled to be so appointed with due regard to theseniority of such regional officer, other officer, employeeor person, his or her accumulated vacation leave pr sickleave and his or her existing employment benefits andobligations.

(2) The Minister of Finance may from time to timeprescribe measures in relation to the transfer of fundsbetween the Government of Namibia and regional coun-cils or between different regional councils which may benecessary for the purposes of subsection (I).

PART VELECTIONS FOR MEMBERS OF

NATIONAL COUNCIL

26. (1) For purposes of the provisions of Article 69of the Namibian Constitution, a regional council shall

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Manner of elections formembers of NationalCouncil by regional coun-cils.



33

elect trom amongst Its members two persons as membersof the National Council in the manner provided in section27.

(2) The election of members of the National Councilshall be held -

(a) in the case of the first such election after the firstgeneral election of members of a regional council,at a meeting of such regional council on the datefixed in terms of Article 137(7) of the NamibianConstitution;

(b) if a member of the National Council dies or forany other reason vacates his or her seat as amember of the National Council before theexpiration of his or her period of office and anyvacancy which so occurred is, by virtue of theprovisions of Article 70(2) of the NamibianConstitution, required to be filled, on a date notlater than 30 days after the office became vacant;

(c) in the case of any election to be held after the saidfirst or any subsequent general election of mem-bers of a regional council, at a meeting of theregional council held on a date before the expi-ration of the period of office of the existingmembers of the National Council fixed by thePresident by notice in the Gazette,

and any member so elected shall become a member of theNational Council with effect from the date of his or herelection or, in the case of a member referred to inparagraph (c), with effect from the date following the dateon which the period of office of the existing membersexpires.

27. (I) A person designated by the Electoral Com-mission established by the laws governing elections shallfor p~rposes of the provisions of this section preside at ameefmg ot a regional council during which an election fora member or members of the National Council in terms ofArticle 69 of the Namibian Constitution is held, andduring such meeting no debate shall be allowed.

(2) A member of a regional council, having firstobtained the willingness by any instrument in writing ofnot more than one member in respect of each vacancy to be

filled whom he or she wishes to propose as a member ormembers of the National Council to serve if elected, mayupon the submission of such instrument so propose suchmember or members, but the proposal shall lapse if it is notseconded.

(3) A member may not propose or second his or herown candidature. )

(4) If not more candidates than the number ofvacancies to be filled are proposed and seconded, suchcandidates shall be declared duly elected by the personpresiding at the meeting.

(5) (a) If more candidates than the number ofvacancies to be filled are proposed and seconded,a vote shall be taken by secret ballot, eachmember having one vote in respect of eachvacancy.

(b) At any voting by secret ballot in terms of para-graph (a) -

(i) the person presiding at the meeting shall issueto each member present a ballot paperbearing the names of the candidates and, onthe reverse side thereof, an official mark;

(ii) a member shall record his or her vote byplacing a cross on the ballot paper oppositethe name or names of the candidate or can-didates for whom he or she wishes to vote,and shall fold the ballot paper in such amanner that the cross placed on it by him orher is not visible;

(iii) the person presiding at the meeting shall callthe name of each member, whereupon themember concerned shall, if he or she wishesto vote, proceed to the place where the ballotbox is situated and there place his or herballot paper, folded as aforesaid, into theballot box;

//

(iv) as soon as every member who wishes to votehas done so, the person presiding at themeeting shall examine the ballot papers and

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Act No. 22, 1992

(



35

determine the number of votes cast for eachcandidate, and shall announce the result ofthe voting.

(6) The person presiding at the meeting shall declarethe candidates equal to the number of vacancies to be filledand in whose favour the greater or greatest number ofvotes are recorded duly elected: Provided that the numberof votes so recorded in respect of each such candidate, shallnot be less than the majority of all the members of theregional council.

(7) If due to an equality of votes or the proviso tosubsection (6), the number of candidates declared dulyelected as contemplated in that subsection, are less thanthe number of vacancies to be filled, the meeting shall beadjourned on one occasion to a time during that day or thenext day determined by the person presiding at suchmeeting after consultation with the members of theregional council present at such meeting, whereupon atsuch an adjourned meeting a further vote shall be taken inaccordance with the provisions of subsection (8).

(8) (a) At an adjourned meeting contemplated insubsection (7) -

(i) the person presiding at such meeting shallcall for nominations in respect of any va-cancy to be filled;

(ii) a member of the regional council shall havethe right to propose a member of the regionalcouncil in respect of any such vacancy mu-tatis mutandis in accordance with the provi-sions of subsections (2) and (3).

(b) If not more candidates than the number ofvacancies to be filled are proposed and seconded,such candidates shall be declared duly elected bythe person presiding at the meeting.

(c) If more candidates than the number of vacanciesto be filled are proposed and seconded, a voteshall be taken mutatis mutandis in accordancewith the provisions of subsection (5).


(d) The person presiding at the meeting shall declarethe candidates equal to the number of vacanciesto be filled and in whose favour the greater orgreatest number of votes are recorded dulyelected.

(e) If two or more candidates have received the samenumber of votes the candidate to be elected shallbe determined by lot.

I

PART VIPOWERS, DUTIES, FUNCTIONS, RIGHTS AND

OBLIGATIONS OF REGIONAL COUNCILS

Powers, duties, functions,rights and obligations ofregional councils.

28. (l) In addition to the powers conferred upon aregional council by Article 108 of the Namibian Consti-tution or any other provision of this Act, a regional councilshall have the power -

(a) to undertake, with due regard to the powers,duties and functions of the National PlanningCommission referred to in Article 129 of theNamibian Constitution and any other law rela-ting to planning, the planning of the developmentof the region for which it has been establishedwith a view to -

(i) the physical, social and economic charac-teristics of such region and, in so far as anyneighbouring region has or is likely to haveany effect on the physical development ofthat region, the physical, social and eco-nomic characteristics of any such neigh-bouring region;

(ii) the distribution, increase and movement andthe urbanization of the population in suchregIOn;

")

(iii) the natural and other resources and theeconomic development potential of suchregIOn;

(iv) the existing and the planned infrastructure,such as water, electricity, communicationnetworks and transport systems, in suchregIon;

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37

(v) the general land utilization pattern;

(vi) the sensitivity of the natural environment;

(b) to exercise in connection with its region suchpowers, and to perform the duties and functionsconnected with such powers, as may be delegatedby the President to the regional council in termsof section 29;

(c) subject to the provisions of Part VII, to establish,manage and control settlement areas;

(d) to make recommendations to the Minister inrelation to the exercise, in relation to a localauthority situated within its region, of any powerconferred upon the Minister under the LocalAuthorities Act, 1992, or any other law;

(e) to advise the President or any Minister on anymatter referred to the regional council by thePresident or such Minister;

(f) to assist any local authority council in the exerciseor performance of its powers, duties and func-tions;

(g) to make, for purposes of the preparation of theestimate of expenditure to be presented to theNational Assembly in terms of Article 126 of theNamibian Constitution, recommendations to theMinister of Finance in so far as it relates tomatters concerning its region;

(h) to establish from time to time such committees asit may deem necessary to advise it in the exerciseof any of its powers or the performance of any ofits duties or functions and may appoint suchmembers or such other persons as it may deem fitto be members of such committees;

(i) to acquire or hire, or hypothecate, let, sell or.otherwise dispose of movable property;

U) with the approval in writing of the Ministerpreviously obtained in general or in every par-ticular case and subject to such conditions, if any,as may be determined by him or her -


(i) to acquire or hire, or hypothecate, let, sell orotherwise dispose of immovable property orany right in respect of immovable property;

(ii) to borrow money from time to time by way ofloans from any source within Namibia andagainst the security which the regionalcouncil may deem fit or the issue of deben-tures, bills of exchange and other negotiableinstruments;

(k) to guarantee the due fulfilment of the contractsand obligations of any person, and enter intosurety bonds or deeds of security;

(I) to open banking accounts, including savingsaccounts with a building society as defined insection I of the Building Societies Act, 1986 (Act2 of 1986), and the Post Office Savings Bank

controlled and managed by the Namibia Post~imited established by section 2 of the Posts andTelecommunications Companies EstablishmentAct, 1992;

(m) to accept, with the approval in writing of theMinister previously obtained in every particularcase and subject to such conditions as may bedetermined by him or her, donations and to soreceive moneys offered to it and to so makedonations;

(n) to pay all expenses in connection with its esta-blishment and administration;

(0) to exercise any power assigned to regional coun-cils by the laws governing communal land whichvests in the Government of Namibia by virtue ofthe provisions of Schedule 5 to the NamibianConstitution, or ar.y other power so assigned byany other law,

and may, generally, do anything that is necessary orconducive to the exercise of its powers or the performanceof its duties and functions in terms of this Act.

(2) In addition to the powers referred to in subsection(1), a regional council -

No. 469

Act No. 22, 1992

Delegation of powers byPresident to regionalCouncils, and by regionalcouncils to managementcommittees or regionalofficers or other officersor employees.



(a) may be consulted in relation to all proposed legis-lation or submissions made to the Cabinet by anyministry on any matter which may have any effectin its region, and may make recommendations inconnection with such matter;

(b) shall have the right to make submissions on its

own motion to the Cabinet or the Minister inrelation to the administration of any provision inany law which confers or imposes any power,duty or function on the Minister, or on any matterpeculiar to its region.

(3) Anything purporting to have been done by thechairperson by order of the regional council by virtue ofany power vested in the regional council under this Act orany other law shall be deemed to have been done by theregional council.

29. (1) (a) The President may, with a view to theeffective administration of any law in a region orpromoting the moral and social welfare of theresidents of a region, delegate, on such condi-tions, if any, as may be. determined by thePresident, by proclamation in the Gazette anypower, other than a power to issue

proclamationsor to make regulations,conferred by Orunder anylaw upon the President, the Prime Minister or any

other Minister to a regional council, and may atany time by like

proclamation amend or with-draw any suchproclamation.

(b) Different proclamations may be issued underparagraph (a) in respect of different regionalcouncils.

(2) A regionalcouncil may delegate in writing, onsuch conditions, if any, as may be determined by it, any

. power other than a power -

(a) to make regulations or rules;

(b) to approve its estimates orsupplementary esti-mates of revenue and

expenditure;

(c) to determine rates, charges, fees or other moneys

which may be levied under any provision of thisAct;

Act No. 22, 1992

Agreements between re-gional counciis or regionalcouncils and Governmentof Namibia or local au-thority councils in relationto exercise or perfor-mance of powers, dutiesand functions of regionalcouncils, Government orlocal authority councils.


(d) to borrow money,

conferred upon it by or under this Act or any other law ordelegated to it under subsection (I), to its managementcommittee or its regional officer or any other officer oremployee of the regional council, or authorize its manage-ment committee, the chief executive officer or other officeror employee to perform any duty or function imposedupon it by or under this Act.

(3) The President, Prime Minister or other Ministerin respect of whom a power has been delegated undersubsection (I) or a regional council which has delegatedany power under subsection (2), shall not be divested ofany power so delegated, and may alter or withdraw anydecision given in the exercise of that power by the regionalcouncil, management committee, the regional officer orother officer or employee, as the case may be.

30. (I) A regional council may enter into an agree-ment with the Government of Namibia, with one or moreother regional councils or with any local authority councilproviding for the exercise or performance, on such termsand conditions as may be agreed upon -

(a) by such regional councilGovernment or any suchlocal authority council;

as the agent of theregional councils or

(b) by the Government or any such regional councilsor local authority council as the agent of the re-gional council; or

(c) by the regional council in co-operation with theGovernment or any such regional councils orlocal authority council,

of any power, duty or function conferred or imposed interms of this Act or any other law upon the regionalcouncilor any functionary of the Government or suchregional councils or local authority council, as the casemay be.

)

(2) Any power, duty or function which in terms ofany agreement referred to in subsection (1) has beenexercised or performed by a regional councilor anyfunctionary of the Government or such other regional

No. 469

Act No. 22,1992

Declaration of certainareas in regions as settle-ment areas.



41

councils or local authority councilor any officer oremployee or body in the employ or under the control ofsuch regional councilor the Government or regionalcouncils or local authority council and, which in terms ofthis Act or any other law, is conferred or imposed upon afunctionary of the Government, regional council, localauthority council, officer, employee or body other thansuch regional council, shall be deemed to have beenexercised or performed by such functionary, the regionalcouncil, local authority council, officer, employee or bodyupon which such power, duty or function is so conferred orimposed.

PART VIISETTLEMENT AREAS

31. (I) If a regional council is, in respect of any areafalling within the region in respect of which it has beenestablished, but outside any local authority area, asdefined in section I of the Local Authorities Act, 1992, ofthe opinion -

(a) that by reason of circumstances prevailing in such

area provision should be made for the manage-ment, control and regulation of matters pertain-ing to the health and welfare of the inhabitants ofsuch area;

(b) that by reason of circumstances prevailing in sucharea, the area is an area which ought to bedeveloped so as to be established as a localauthority,

the regional council may by notice in the Gazette declaresuch area to be a settlement area, and shall specify in suchnotice the name assigned to, and the boundaries deter-mined of, such area.

(2) (a) If the area of any township or village manage-ment area established or purporting to have beenestablished by or under any law on the establish-ment oftownships or village management boardson communal land is, in terms of subsection (I),declared to be a settlement area, the assets used inrelation to such township or village managementarea and all rights, liabilities and obligationsconnected with such assets shall vest in the

regional council concerned to such extent and asfrom such date as may be determined by theMinister.

(b) The registrar of deeds shall, in the case of anyasset referred to in paragraph (a) consisting ofimmovable property which vests by virtue of theprovisions of that subsection in a regional coun-cil, upon production to him or her of the deed ofany such immovable property, endorse such deedto the effect that the immovable property descri-bed therein vests in that regional council and shallmake the necessary entries in his or her registers,and thereupon that deed shall serve and avail forall purposes as proof of the title of that regionalcouncil.

)

(c) No transfer duty, stamp duty or any other fee orcharge shall be payable in respect of any endorse-ment or entry referred to in paragraph (b).

(d) Notwithstanding the declaration of any townshipor village management area under paragraph (a)to be a settlement area, any provision of any lawreferred to in that paragraph which relates to anymatter which may be determined or prescribedunder any provision of this Act shall be deemed tohave been so determined or prescribed.

(e) Anything done under any law referred to inparagraph (a) by or in relation to a township orvillage management area so referred to whichmay be done under any corresponding provisionof this Act, shall be deemed to have been done inrelation to such settlement area under such corre-sponding provision.

(3) A regional council may by notice in the Gazette atany time -

-'"'

'1'

(a) alter the boundaries of any settlement area;

(b) combine two or more settlement areas, whetheror not such settlement areas are contiguous;

(c) include any part of any settlement area in anyother settlement area, whether or not such settle-ment areas are contiguous;

No. 469

Act No. 22, 1992

Management and controlof settlement areas.



43

(d) withdraw, amend or sustitute any notice issuedunder subsection (I);

(e) make provision for any matter which in theopinion of the regional council requires to beregulated in consequence of any alteration, com-bination, inclusion, withdrawal, amendment orsubstitution effected in terms of this subsection,including any matter relating to the transfer ofany assets, liabilities, rights or obligations whichvested in any regional council in relation to asettlement area to any person.

32. (I) Subject to the provisions of subsection (4) -

(a) The provisions of sections 30, except paragraphs(p), (s), (t), (v), (w), (x), (y) and (z) of subsection(I), 33 to 62, 66 to 76, 78, 89, 90 and 93 of theLocal Authorities Act 1992, shall apply mutatismutandis in respect of the management andcontrol of a settlement area by a regional councilas if such regional council were a village council asdefined in section I of that Act or such settlementarea were the area of such village council;

(b) the Minister shall be empowered to exercise, inrelation to any power, duty or function whichmay be exercised or performed by a regionalcouncil in terms of paragraph (a) in respect of asettlement area, any power conferred upon him orher in terms of any provision referred to in thatparagraph in respect of a local authority councilor its area as if such regional council were a localauthority councilor such settlement area were thearea of such local authority council.

(2) Notwithstanding the repeal of the Peri-UrbanDevelopment Board Ordinance, 1970 (Ordinance 19 of1970), by the Local Authorities Act, 1992 -

(a) any reference in any law to the Peri-UrbanDevelopment Board established by section 2 ofthe said Ordinance shall in relation to a settlementarea be construed as a reference to the regionalcouncil by which such settlement area has beenestablished;


(b) but subject to the provisions of section 31(2), anyregulation made under the said Ordinance andwhich was in force on the date immediately beforethe commencement of this Act shall, to the extentdetermined by the regional council by notice inthe Gazette after consultation with the Minister,be deemed a regulation made by virtue of theprovisions of subsection (1) in relation to settle-ment areas.

"')

(3) A regional council shall as soon as practicableafter the declaration of an area to be a settlement areaestablish a committee consisting of such number ofmembers as may be determined from time to time by theregional council elected or designated in such manner asthe Minister may generally prescribe by notice in theGazette or in respect of a particular settlement area bynotice in writing to the regional council in question, toadvise the regional council on the exercise or performanceof its powers, duties and functions referred to in subsection(1) in the settlement area in question.

(4) The Minister may for the purposes of subsection(1), by notice in the Gazette -

(a) in general or in relation to a particular settlementarea, suspend or limit the application of anyprovision referred to in that subsection or subjectthe exercise or performance of any power, duty orfunction which may be exercised or performed bya regional council by virtue of that subsection, tosuch conditions as may be specified in suchnotice;

(b) authorize a regional council to exercise orperform in respect of a particular settlement area,any power, duty or function which is conferredunder -

(i) the said Local Authorities Act, 1992, upon amunicipal councilor town council as definedin section I of that Act, as if such regionalcouncil were a municipal councilor towncouncilor such settlement area were the areaof such municipal councilor town council;

)

(ii) any other law upon a local authority councilas if such regional council were a localauthority councilor such settlement areawere the area of such local authority council.

No. 469

Act No. 22, 1992

Funds of regional coun-cils.

c



45

PART VIIIFINANCIAL MATTERS

33. (1) The funds of a regional council shall consistof -

(a) moneys appropriated by law for purposes of thefunds of the regional council;

(b) the rates, charges, fees and other moneys leviedand received by the regional council under anyprovision of this Act in respect of immovableproperty situated within a settlement area in itsregion and services rendered by it or the regu-lation and control of any matter in a settlementarea;

(c) any moneys borrowed by the regional council byway of loans or the issue of debentures, bills ofexchange or other negotiable instruments;

(d) any interest or dividends derived from invest-ments made under subsection (3);

(e) the fines imposed in respect of any contraventionof, or failure to comply with, any provision of thisAct or any other provision administered by theregional council by virtue of the provisions ofsection 31 or 32;

(f) any moneys received by way of donation;

(g) any moneys accruing to the funds of the regionalcouncil from any other source.

(2) A regional council shall utilize any donationscontemplated in subsection (l)(f) in accordance with theconditions, if any, imposed by the donor concerned, in sofar as such conditions are capable of being carried out.

(3) A regional council may invest any unexpendedportion of its funds with a banking institution as defined insection 1 of the Banks Act, 1965 (Act 23 of 1965), abuilding society as defined in section 1 of the BuildingSocieties Act, 1986 (Act 2 of 1986), and the Post OfficeSavings Bank controlled and managed by the NamibiaPost Limited established by section 2 of the Posts andTelecommunications Companies Establishment Act,1992, or such other financial institution as may beapprov~d by the Minister.

Act No. 22, 1992

Accounting officers ofregional councils.

Financial year of regionalcouncils.

Estimates of revenue andexpenditure of regionalcouncils.


(4) A regional council may establish such reserve orother funds and deposit therein such amounts as may bedetermined by it.

34. The regional officer shall be the accountingofficer of the regional council and shall as such be chargedwith the responsibility of accounting for all the moneysreceived, and for all the payments made, by the regionalcouncil.

35. The financial year of a regional council shall endon 31 March in each year.

36. (I) The management committee -

(a) shall in each financial year prepare and compile astatement of its estimated income and expendi-ture during the following financial year;

(b) may in any financial year at any time prepare andcompile supplementary statements of its esti-mated expenditure for that financial year,

and shall submit such statement and supplementarystatements to the regional council for its approval.

(2) A statement and supplementary statements re-ferred to in subsection (1) shall be compiled in such form asmay be determined by the Minister and shall at leastspecify -

(a) the different revenue sources and the expectedrevenue from each such source; and

(b) according to such arrangements as may be re-quired by the Minister, the different programmesand different projects in such programmes for thepurposes of which money is intended to beapplied, and the estimated expenditure in respectof each such programme or project.

(3) (a) A regional council may, until it has grantedits approval under subsection (I) and, if required,until the authorization under section 37(4) hasbeen granted, but for a period not exceeding threemonths after the commencement of the financial

No. 469

Act No. 22, 1992

Application of funds ofregional councils.

(



47

year in question, authorize in respect of thatfinancial year the application of amounts inrelation to any matter in respect' of which therewas such an approval and such authorization inthe immediately preceding financial year.

(b) The total amount which a regional council mayauthorize under paragraph (a) shall not at anytime exceed an amount equal to 25 per cent of thetotal amount appropriated for the immediatelypreceding financial year.

(c) Any expenditure on services incurred under anauthorization under paragraph (a) shall bedeemed to be expenditure incurred under theapproval contemplated in that paragraph.

37. (1) Subject to the provisions of this section, aregional council shall not apply its money otherwise thanin accordance with an approval granted under section36(1) and, if required, the authorization granted undersubsection (4).

(2) A regional council shall not incur any expenditurein respect of which an amount of money has been appro-priated and which relates to revenue derived from theGovernment of Namibia, unless it has obtained the priorauthorization of the Minister under subsection (4).

(3) For the purpose of obtaining the authorizationreferred to in subsection (2), a regional council shallsubmit the statement or supplementary statement referredto in section 36( 1) to the Minister, together with such otherstatement, document or information as he or she mayreqUIre.

(4) The Minister shall, after receipt of the statementor supplementary statement, or other statement, docu-ment or information referred to in subsection (3),authorize the expenditure referred to in subsection (2) if heor she is satisfied that the amount appropriated in respectof such expenditure has been appropriated in accordancewith such conditions as may have been imposed in respectof the accrual of the revenue referred to in subsection (2).

Act No. 22, 1992

Auditing of accountingrecords of regional coun-cils.

Accounting records ofregional councils.


(5) (a) A regional council may, with the approval ofthe Minister, apply an amount for a purpose forwhich no provision was made in a statement orsupplementary statement referred to in section36(1) or for the purpose of a programme orproject for which insufficient provision was madein such a statement or supplementary statement.

(b) An amount referred to in paragraph (a) shall beappropriated by the regional council concernedbefore the end of the financial year in which itsapplication has been approved.

(c) A regional council may, unless the Ministerdirects otherwise under subsection (4), apply anysaving under -

(i) any particular programme on a statement orsupplementary statement referred to insection 36(1) for the purposes of any otherprogramme on such statement or supple-mentary statement;

(ii) any particular project in a programme onsuch a statement or supplementary statementfor the purpose of any other project in thesame programme.

(6) The Minister may at any time, after consultationwith the regional council in question, withdraw or suspendfor any particular period any authorization granted undersubsection (4) for the expenditure of any particularamount in so far as that amount has not yet beenexpended.

38. The accounting records of a regional councilreferred to in section 39 and its financial statementsreferred to in section 40 shall be audited by the Auditor-General.

39. (1) The accounting officer of a regional council-

(a) shall keep such accounting records as are ne-cessary to reflect the transactions and financialstate of affairs of the regional council;

(b) shall keep in the accounting records contem-plated in paragraph (a) a revenue account which

No. 469

Act No. 22,1992

Financial statements andaudit reports.

)



49

shall be credited with all moneys which accrue toand are received by the regional council and bedebited with all expenses of the regional council.

(2) The accounting officer of a regional council shalldeposit all the money received by him or her on behalf of aregional council in an account held in terms of section28(1 )(1).

(3) The accounting records contemplated in sub-section (I) shall be kept at a place determined by theregional council and shall not without the consent of theregional council be removed from that place.

(4) The Minister may, after consultation with theAuditor-General, issue instructions to an accountingofficer in connection with the system of bookkeeping(including internal auditing) and accounting to be fol-lowed by that accounting officer in the performance of hisor her functions in terms of this section and section 40.

40. (1) The accounting officer of a regional councilshall within three months or such longer period as theAuditor-General may approve, after the end of a financialyear of the regional council make out financial statementsin such form as may be determined by the Auditor-Generalin respect of that financial year and submit such financialstatements to the Auditor-General.

(2) The financial statements referred to in subsection(1) shall consist of -

(a) a balance sheet showing the assets and liabilitiesof the regional council at the end of that financialyear;

(b) a statement of income and expenditure of theregional council for that financial year; and

(c) such other statements as may from time to time berequired by the Auditor-General.

(3) The chairperson shall after he or she has receiveda report from the Auditor-General submit such report tothe next succeeding ordinary meeting of the regionalcouncil for consideration and to decide which rectifyingsteps are to be taken should the report reveal anyirregularities.

Act No. 22, 1992

Public meetings for pur-poses of discussion ofmatters of public interest.

Meetings of regionalcouncils for purposes ofdiscussion of matters ofmutual interest.


(4) Within two months after the date of the meetingreferred to in subsection (3), the chairperson shall submit acopy of the minutes of such meeting, containing thecomments of the regional council in regard to the reportand indicating which steps were taken or are to be taken inconnection with any irregularity revealed by the report, tothe Minister who may take such further steps as he or shemay deem necessary.

(5) The Minister shall forthwith submit a copy of theminutes in question to the Auditor-General, and shallnotify the Auditor-General of the steps taken by him or herunder subsection (4).

PART IXGENERAL PROVISIONS

41. (I) The chairperson may, if he or she deems it fit,and shall, upon a request in writing signed by at least 10per cent of the voters registered in terms of the lawsgoverning elections for members of regional councils inrespect of such region, convene a meeting of the regionalcouncil to which the public is invited by public notice inany newspaper circulating within the region of suchregional council and such other manner calculated toreach as many members of the public as possible forpurposes of discussion of any matter of public interest setout in such request, on such date and at such time andplace within the region of such regional council as may bedetermined by the chairperson.

(2) For purposes of subsection (I) any matter relatingto the promotion, opposition or discussion of the electionof any person as a member of the regional council shall bedeemed not to be a matter of public interest.

(3) Any costs incurred hy the chairperson in con-veung a meeting in terms of subsection (1) shall be paidout of the funds of the regional council.

42. The Minister may at any time convene a meetingat such time and place as may be determined by him or herto which all members of all regional councils or repre-sentatives of such regional councils are invited for pur-poses of discussion of matters of mutual interest.

No. 469

Act No. 22, 1992

Service of documents.

GovernmentGazette 31 August 1992


51

43. (I) Any document, notice or other communica-tion required or authorized under the provisions of thisAct to be served, given or delivered to any person by theMinister, a regional council, the regional officer or anyother officer or employee shall be deemed to have beenserved, given or delivered -

(a) if delivered to such person personally;

(b) if despatched by registered post addressed to suchperson at his or her last known address which maybe any such place or office as is referred to inparagraph (c) or his or her last known post officebox number or private bag number or that of hisor her employer or accredited agent, if any;

(c) if left with some adult person apparently residingat or occupying or employed at his or her lastknown abode or office or place of business; or

(d) in the case of a company -

(i) if delivered to the public officer of thecompany;

(ii) if left with some adult person apparentlyresiding at or occupying or employed at itsregistered address;

(iii) if despatched by registered post addressed tothe company or its public officer at its or hisor her last known address, which may be anysuch office or place as is referred to in sub-paragraph (ii) or its or his or her last knownpost office box number or private bag num-ber or that of its or his or her employer; or

(iv) if transmitted by means of a facsimile trans-mission to the person concerned at theregistered office of the company.

(2) Any document, notice or other communicationreferred to in subsection (I) which has been served, givenor delivered in the manner contemplated in paragraph (b)or (d)(iii) of that subsection shall, unless the contrary isproved, be deemed to have been received by the person towhom it was addressed at the time when it would, in theordinary course of post have arrived at the place to which itwas addressed.

Act No. 22, 1992

Offences relating to re-gional councils.

Repeal and amendmentof laws.

Short title and com-mencement.


44. Any person who -

(a) threatens or obstructs a member of a regionalcouncil proceeding to or from a meeting thereofor on account of his or her conduct therein, orendeavours by force or menace to compel amember of a regional council to declare himself orherself in favour of or against any proposition ormatter p1;:ndingor expected to be brought beforethe regional council;

.......j

(b) while a regional council is sitting, creates or joinsin any disturbance therein or in the vicinitythereof, whereby the proceedings of such regionalcouncil are or are likely to be interrupted,

shall be guilty of an offence and liable on conviction to afine not exceeding R2 000 or to imprisonment for a periodnot exceeding six months or to both such fine and suchimprisonment.

45. (1) Section 2 of the Special Advisers and RegionalRepresentatives Appointment Act, 1990 (Act 6 of 1990), ishereby repealed.

(2) The First Schedule to Proclamation 6 of 1992 ishereby amended by the substitution in the said Schedulefor the word "Liambezi" in the heading of region No.7, ofthe word "Caprivi".

46. (I) This Act shall be called the Regional CouncilsAct, 1992, and shall come into operation on a date fixed bythe Minister by notice in the Gazette.

(2) Different dates may be fix'ed under subsection (1)in respect of different provisions of this Act.

(3) A reference in this Act to the date of its com-mencement shall be construed as a reference to theapplicable date fixed under subsection (2).

Column I Column 2 Column 3

No. Name of region Seat of regional council

I. Kunene Opuwo

2. Omusati Uutapi

3. Oshana Oshakati

4. Ohangwena Eenhana

5. Oshikoto Tsumeb

6. Okavango Rundu

7. Caprivi Katima Mulilo

8. Erongo Swakopmuad

9. Otjozondjupa Otjiwarongo

O. Omaheke Gobabis

I. Khomas Windhoek

12. Hardap Mariental

3. Karas Keetmanshoop

Column I Column 2 Column 3 Column 4

No. Region Number of mem- Names ofbers of regional constituencies

council

I. Kunene 6 I. Ruacana2. Opuwo3. Sesfontein4. IC.horixas5. Kamanjab6. Outjo

2. Omusati 9 I.Onesi2. Tsandi3. Uutapi4. Anamulenge

No. 469

Act No. 22, 1992

\/



53

SCHEDULE 1REGIONS IN RESPECT OF WHICHREGIONAL COUNCILS HAVE BEEN

ESTABLISHED AND SEATS OFREGIONAL COUNCILS

(Sections 2 and 3)

SCHEDULE 2NUMBER OF MEMBERS OF REGIONALCOUNCILS AND CONSTITUENCIES OF

REGIONAL COUNCILS(Section 4)

5. Ogongo6. Okalongo7. Oshikuku8. Elim9. Okahao

3. Oshana 9 I. Oshakati2. Ongwediva3. Okaku~4.Okatana

"/,5. Ondangwa6. Ompundja7. Uukwiyu8. Okatjali9. Uuvudhiya

4. Ohangwena 10 I. Ongenga2. Engela3. Oshikango4. Ondobe5. Eenhana6. Omundau-

ngilo7. Okongo8. Ohangwena9. Endola

10. Epembe

5. Oshikoto 10 I. Oniipa2. Onayena3. Olukonda4. Omuntele5. Okatope6. Okankolo7. Omuthiya-

gwiipundi8. Engodi9. Guinas

10. Oshikoto

6. Okavango 6 I. Mpungu2. Kahenge3. Kapako4. Rundu5. Mashari6. Ndiyona

7. Caprivi 6 I. Mukwe2. Kongola ~)3. Linyandi4. Sibinda5. Katima

Mulilo6. Kabe

8. Erongo 6 I. Omaruru2. Karibib3. Brandberg4. Arandis5. Swakopmund

I 6. Walvis Bay


9. Otjozondjupa 6 I. Grootfontein2. Otavi3. Okakarara4. Otjiwarongo5. Okahandja6. Omatako

10. Omaheke 6 I. Otjinene0;;.

j 2. Otjozondjou3. Steinhausen4. Gobabis5. Buitepos6. Aminuis

II. Khomas 9 I. Wanaheda2. Hakahana3. Katutura

East4. Katutura

Central5. Soweto6. Khomasdal

North7. Windhoek

West8. Windhoek

East9. Windhoek

Rural

12. Hardap 6 I. RehobothWest Urban

2. RehobothEast Urban

3. RehobothRural

4. Mariental

(Rural

5. MarientalUrban

6. Gibeon

13. Karas 6 I. Keetmans-hoop Urban

2. Berseba3. Liideritz4. Oranjemund5. Karasburg6. Keetmans-

hoop Rural

Act No. 22, 1992



55No. 469

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