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National Welfare Act, 1965
Act 79 of 1965
- Published in South African Government Gazette 1163 on 30 June 1965
- Assented to on 18 June 1965
- Commenced on 1 July 1971
- [This is the version of this document from 29 September 1994 and includes any amendments published up to 21 February 2025.]
- [Amended by General Law Amendment Act, 1967 (Act 102 of 1967) on 21 June 1967]
- [Amended by National Welfare Amendment Act, 1971 (Act 13 of 1971) on 1 July 1971]
- [Amended by National Welfare Amendment Act, 1976 (Act 44 of 1976) on 7 April 1976]
- [Amended by National Welfare Amendment Act, 1979 (Act 12 of 1979) on 1 September 1979]
- [Amended by National Welfare Amendment Act, 1993 (Act 9 of 1993) on 1 July 1994]
- [Amended by National Welfare Amendment Act, 1994 (Act 20 of 1994) on 29 September 1994]
(a) “Administrator-General” for “Minister”;
(b) “welfare committees” for “regional welfare board”; and
(c) “Official Gazette” for “Gazette”, except in section 44.
Section 25(b) of Act 12 of 1979 directs “the substitution for the words ‘regional welfare board’, wherever they occur, of the words ‘welfare committees’”. This has been interpreted to include the substitution of singular for singular ("welfare committee" for "regional welfare board") and plural for plural ("welfare committees" for "regional welfare boards").
Act 9 of 1993 makes the following substitutions throughout the Act:
(a) “Minister” for “Administrator-General”;
(b) “Director of Social Services” for “chief social welfare officer”;
(c) “Ministry of Health and Social Services” for “Department of Social Welfare and Pensions”;
(d) “Namibia” for “the Republic”;
(e) “Permanent Secretary” for “Secretary”; and
(f) “Namibia” for “the territory”.]
1. Definitions
In this Act, unless the context otherwise indicates -“board” means the National Welfare Board of Namibia established by section 2;[definition of “board” substituted by Act 12 of 1979 and amended by Act 9 of 1993][definition of “chief social welfare officer” substituted by Act 12 of 1979 and deleted by Act 9 of 1993]“collect”, in relation to contributions, means collect, accept or solicit money or goods from any member of the public, whether or not such collection, acceptance or solicitation involves or envisages the receipt by the contributor of any material or other return or advantage as a consideration for the money or goods contributed or to be contributed by him;“Director of Social Services” means the officer in charge of the Directorate of Social Services of the Ministry of Health and Social Services, or any person acting in his or her stead;[The definition of “Director of Social Services” is inserted by Act 9 of 1993, as directed by that Act, but it does not appear in the correct alphabetical order and should be placed after “contributor”. The definition is also amended by Act 20 of 1994, but not all of the changes are indicated by amendment markings.]“commission” means a commission established under section seven;“contributor”, in relation to the collection of contributions, means a person from whom contributions are collected;[The definition of “Director of Social Services” should be placed here.]“local authority” means any local authority council as defined in section 1 of the Local Authorities Act, 1992 (Act 23 of 1992);[definition of “local authority” substituted by Act 12 of 1979 and by Act 9 of 1993]“managing committee”, in relation to a welfare organization, means a managing committee referred to in sub-section (1) of section twenty-six;“Minister” means the Minister of Health and Social Services;[definition of “Minister” deleted by Act 12 of 1979 and inserted by Act 9 of 1993]“Permanent Secretary” means the Permanent Secretary: Health and Social Services.[The definition of “Permanent Secretary” is inserted by Act 9 of 1993. It should be followed by a semicolon rather than a full stop.]“prescribed” means prescribed by regulation made under this Act;[definition of “regional welfare board” deleted by Act 12 of 1979]“registrar” means the Registrar of the National Welfare Board of Namibia appointed under section 6;[definition of “registrar” amended by Act 12 of 1979 and by Act 9 of 1993]“regulation” means a regulation made or in force under this Act;[definition of "Republic" inserted by Act 13 of 1971 and deleted by Act 9 of 1993][definition of “Secretary or other senior officer” deleted by Act 9 of 1993]“social work” means one or more of the following activities, namely -(a)individual treatment as a means or form of social assistance;(b)group work as a means or form of social assistance;(c)community organization for the promotion of social assistance;(d)the administration of any or all of the activities referred to in paragraph (a) or (b);(e)research in connection with any or all of the activities referred to in paragraph (a), (b), (c) or (d); and(f)vocational training for the performance of any or all of the activities referred to in paragraph (a), (b), (c), (d) or (e);“social worker” means any person registered as a social worker under any law governing the registration of persons for the profession of social work;[definition of "social worker " substituted by Act 9 of 1993][definition of "the territory" inserted by Act 13 of 1971 and deleted by Act 9 of 1993]“this Act” includes the regulations;“war fund” means a fund the objects of which are confined to one or more of the following, namely -(a)the provision of gifts or other benefits for the members or ex-members or the dependants of members or ex-members of the land, sea or air forces of Namibia or of a country at war with any country with which Namibia is at war or for the members or ex-members or the dependants of members or ex-members of the mercantile marine of Namibia or of such a country;(b)the relief of suffering or distress brought about by war, among the civilian population of Namibia or of a country at war with any country with which Namibia is at war;(c)the provision of gifts or other benefits for prisoners of war or their dependants;(d)the promotion of the effective prosecution of war by Namibia or any country referred to inparagraph (a);(e)the promotion of any object similar to or connected with any of the objects mentioned in the preceding paragraphs;“welfare committee” means any welfare committee established under section 10;[definition of “welfare committee” inserted by Act 12 of 1979]“welfare organization” means any association of persons, corporate or unincorporate, or institution the objects of which include one or more of the following, namely -(a)the carrying on of social work by individual treatment, group work or community organization;(b)the provision wholly or in part of any of the material, spiritual or social requirements of persons or families in distress and in need of assistance;(c)the carrying on of charitable activities in relation to persons or families who are in need and require assistance;(d)the prevention of social distress and indigency of persons or families;(e)the rendering of legal assistance and advice as a form of social assistance;(f)the collection of contributions towards any war fund;(g)the prevention of cruelty to animals and the promotion of animal welfare;(h)the collection of funds for any of the objects specified in the preceding paragraphs,but does not include any institution maintained and controlled by the State or a local authority or any hospital board or any trade union registered or deemed to be registered in accordance with the provisions of the Labour Act, 1992 (Act 6 of 1992), or any religious body in respect of activities confined to religious work.[definition of "welfare organization" amended by Act 13 of 1971, Act 12 of 1979 and Act 9 of 1993]2. National Welfare Board of Namibia
3. Calling of, quorum for and procedure at meetings of board
4. Functions of board
5. Reports to be furnished by board
6. Appointment of registrar of board
7. Establishment of commissions for specified matters
8. Calling of, quorum for and procedure at meetings of commissions
9. Functions of commissions
10. Establishment of welfare committees
11. Calling of, quorum for and procedure at meetings of welfare committees
12. Functions of welfare committee
13. Period of office of members of board, commissions and welfare committees
14. Allowances to members and payment of expenditure incurred by board, commission and welfare committees
15. ***
[section 15 amended by Act 44 of 1976 and deleted by Act 12 of 1979]16. Certain welfare organizations to be registered
17. Exemption of welfare organization from provisions of Act
18. Temporary authority to collect contributions
18A. Authority to collect contributions in Namibia in special circumstances
Notwithstanding anything to the contrary in this Act contained, a welfare organization which is registered or deemed to be registered under this Act and which is precluded by the provisions thereof from collecting contributions in Namibia, may collect contributions in Namibia during the period specified in a certificate issued to it by an officer referred to in section 18 after he has satisfied himself that such organization renders or will render a real service to Namibia and its people.[section 18A inserted by Act 13 of 1971]19. Procedure in connection with application for registration of welfare organization
20. Validity of registration certificate
A certificate of registration granted under section nineteen shall remain in force so long as it has not been cancelled or substituted in terms of section twenty-one or surrendered in terms of section twenty-three.21. Cancellation or amendment of registration certificate
22. Change of name and objects of registered welfare organization
23. Surrender of registration certificate by welfare organization
The managing committee of a registered welfare organization may after giving ninety days’ notice of its intention to do so, surrender to the board the registration certificate issued in respect of that organization, and thereupon the board may accept the surrender subject to such conditions as it may deem fit.24. Organization whose certificate has been cancelled or surrendered may again be registered
The board may, upon application by the managing committee of a welfare organization whose certificate of registration has been cancelled or surrendered under this Act, issue to that managing committee a fresh certificate of registration in respect of the organization, and the provisions of section nineteen shall mutatis mutandis apply with reference to an application for and the issue of such a certificate of registration.25. Appeal against decisions of board
26. Conditions relating to management of welfare organizations
27. Certain registered welfare organizations to establish branch committees
28. Branches not under control of managing committee to be regarded as separate organizations
Every branch of a welfare organization which is not under the control and guidance of the managing committee of that organization shall for the purposes of this Act be deemed to be an independent and separate welfare organization.29. Persons collecting contributions to have proof of authority
30. Inspection of welfare organizations and audit of books and accounts
31. Manner of dealing with contributions unlawfully collected
32. Board may dissolve certain organizations
If a welfare organization ceases to function and its managing committee is not or cannot be constituted in accordance with its constitution in order that the organization may be dissolved, the board may dissolve the organization, and for that purpose the board shall have all the powers of such a managing committee and shall dispose of the assets of the organization in accordance with the constitution of the organization.[Section 32 is amended by Act 12 of 1979. The amendment requires the deletion of two commas, although this is not specifically indicated by the amending Act.]33. ***
[section 33 deleted by Act 9 of 1993]34. ***
[section 34 deleted by Act 9 of 1993]35. ***
[section 35 deleted by Act 9 of 1993]36. ***
[section 36 deleted by Act 9 of 1993]37. ***
[section 37 deleted by Act 9 of 1993]38. ***
[section 38 substituted by Act 9 of 1993 and deleted by Act 20 of 1994]39. Contribution towards remuneration of social workers
The Minister may in consultation with the Minister of Finance out of moneys appropriated by law for that purpose, and subject to such conditions as the Minister may determine, contribute towards the remuneration of any person performing social work in the service of any welfare organization, if such person is a social worker.[section 39 amended by Act 12 of 1979 and substituted by Act 9 of 1993]40. ***
[section 40 amended by Act 12 of 1979 and deleted by Act 9 of 1993]41. Offences and penalties
42. Regulations
43. Repeal of laws
“(1) Subject to the provisions of subsections (2) and (3) the Welfare Organisations Ordinance, 1965 (Ordinance No. 33 of 1965) (in this section referred to as the Ordinance), of the territory of South-West Africa is hereby repealed.”
(2) For the purposes of the application of section 15 of the principal Act in the territory of South-West Africa the names of the persons nominated pursuant to the last notice published under section 2 (2) (a) of the Ordinance shall be submitted to the Minister and shall be placed on the nomination list referred to in subsection (2) of the said section 15.
(3) Any notice, certificate, authority, consent, letter of delegation, evidence of authority, order or appointment issued, prepared, published, granted or made, and any other action taken under a provision of the Ordinance, shall be deemed to have been issued, prepared, published, granted, made or taken under the corresponding provision of the principal Act.”]
43A. ***
[section 43A inserted by Act 13 of 1971, amended by Act 12 of 1979 and deleted by Act 9 of 1993]44. Short title and commencement
28. “Savings
(1) Subject to the provisions of subsection (2), anything done before the commencement of this Act under a provision of the principal Act, shall, except in so far as it is obviously inappropriate, be deemed to have been done under that provision as amended by any provision of this Act.
(2)
(a) The amendment of section 2 of the principal Act by section 2 of this Act shall not have any effect on the constitution of the National Welfare Board of Namibia, so referred to therein, as constituted at the commencement of this Act, and any member of the said board shall continue to hold office until expiry of the period for which he or she was appointed or until he or she vacates office, as the case may be.
(b) The person who immediately before the commencement of this Act was the chairperson or deputy chairperson of the National Welfare Board of South West Africa referred to in section 2 of the principal Act before the amendment of that section by section 2 of this Act, shall, subject to the provisions of paragraph (a) and with effect from the commencement of this Act, be deemed to have been designated or elected as chairperson or deputy chairperson, as the case may be, of the National Welfare Board of Namibia under section 2(3) of the principal Act.
(3) Any reference in any law or any document to the National Welfare Board of South West Africa shall be construed as a reference to the National Welfare Board of Namibia.”]
History of this document
29 September 1994 this version
Amended by
National Welfare Amendment Act, 1994
01 July 1994
Amended by
National Welfare Amendment Act, 1993
01 September 1979
Amended by
National Welfare Amendment Act, 1979
07 April 1976
Amended by
National Welfare Amendment Act, 1976
01 July 1971
Amended by
National Welfare Amendment Act, 1971
Commenced
21 June 1967
Amended by
General Law Amendment Act, 1967
30 June 1965
18 June 1965
Assented to
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