Carriage by Air Act, 1946
Act 17 of 1946
- Published in South African Government Gazette no. 3649 on 13 May 1946
- Assented to on 8 May 1946
- Commenced on 22 March 1955 by Proclamation 69 of 1955
- [Up to date as at 6 November 2020]
- [Amended by Carriage by Air Amendment Act, 1964 (Act 5 of 1964) on 21 February 1964]
- [Amended by Additions to the Warsaw Convention (Proclamation R93 of 1974) on 4 April 1974]
- [Amended by Amendment to the Warsaw Convention (Proclamation R294 of 1967) on 17 December 1974]
- [Amended by Carriage by Air Amendment Act, 1992 (Act 14 of 1992) on 3 July 1992]
1. Definitions“Minister” means the Minister of Works, Transport and Communication.[Section 1 originally read as follows: “In this Act, ‘Union’ includes the Mandated Territory of South-West Africa and the port and settlement of Walvis Bay.”
Section 1 was substituted by Act 5 of 1964 to read as follows: “Minister” means the Minister of Transport; “Republic” includes any territory in respect of which Parliament is competent to legislate.”
Act 14 of 1992 amended the definition of “Minister” and deleted the definition of “Republic”.]
2. Ratification of Convention
3. Provisions of Convention to have force of law
Section 2(2) of Act 14 of 1992 provides the following transitional provision:
“(2) A manner determined before the commencement of this Act [Act 14 of 1992, which commenced on 3 July 1992] under subsection (7) of section 3 of the principal Act [Act 17 of 1946] shall apply in Namibia as if it were determined by the Minister of Works, Transport and Communication on the date of commencement of this Act [3 July 1992] and notified in the Gazette under the said subsection (7) of section 3, as amended by subsection (1) of this section.”]
4. Provisions as to actions against High Contracting Parties who undertake carriage by airEvery High Contracting Party to the Convention who has not availed himself of the provisions of the Additional Protocol thereto shall, for the purposes of any action brought in a court in Namibia in accordance with the provisions of Article twenty-eight of the Schedule to this Act, to enforce a claim in respect of carriage undertaken by him, be deemed to have submitted to the jurisdiction of that court: Provided that nothing in this section shall authorize the issue of execution against the property of any High Contracting Party.
5. Power to carry out Convention
5. “Ratification of amendments of and additions to Convention
(1) The State President may do all things necessary to ratify or adhere or accede to or cause to be ratified or adhered or acceded to on behalf of the Republic any amendments of or additions to the Convention which may from time to time be made, and by proclamation in the Gazette declare that the amendments or additions so ratified or adhered or acceded to shall be observed and have the force of law in the Republic: Provided that copies of any amendments or additions so ratified or adhered or acceded to or proclaimed shall be laid upon the Tables of both Houses of Parliament within fourteen days after their publication in the Gazette if Parliament be then in session or, if Parliament be not then in session, within fourteen days after the commencement of its next ensuing ordinary session.
(1) bis Any proclamation under sub-section (1) may provide for such exceptions and contain such incidental or supplementary provisions as may be necessary to give due effect to the relevant amendments of or additions to the Convention or to ensure that the international obligations of the Republic will be fulfilled.
(2) For the purposes of this Act, any amendments or additions so ratified, adhered or acceded to and proclaimed shall subject to any exceptions or provisions referred to in sub-section (1)bis be deemed to be incorporated in the Schedule to this Act.”]