Related documents
- Is amended by General Law Amendment Act, 2005
- Is amended by Stock Theft Amendment Act, 1991
- Is amended by Stock Theft Amendment Act, 1993
- Is amended by Stock Theft Amendment Act, 2004

Stock Theft Act, 1990
Act 12 of 1990
- Published in Government Gazette 63 on 28 August 1990
- Assented to on 20 August 1990
- Commenced on 28 August 1990
- [This is the version of this document from 28 December 2005 and includes any amendments published up to 7 February 2025.]
- [Amended by Stock Theft Amendment Act, 1991 (Act 4 of 1991) on 14 May 1991]
- [Amended by Stock Theft Amendment Act, 1993 (Act 19 of 1993) on 1 October 1993]
- [Amended by Stock Theft Amendment Act, 2004 (Act 19 of 2004) on 20 December 2004]
- [Amended by General Law Amendment Act, 2005 (Act 14 of 2005) on 28 December 2005]
1. Definitions
In this Act, unless the context otherwise indicates -“Criminal Procedure Act” means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);[definition of “Criminal Procedure Act” inserted by Act 19 of 2004]“Inspector-General” means the Inspector-General of Police appointed under Article 32(4)(c)(bb) or Article 142 of the Namibian Constitution, as the case may be;“Minister” means the Minister responsible for policing;[definition of “Minister” amended by Act 19 of 1993 and Act 14 of 2005]“produce” means the whole or any part of any skins, hides or horns of stock, and any wool, mohair or ostrich feathers;“public sale” means a sale effected -(a)at any public market; or(b)by any shopkeeper during the hours when his or her shop may in terms of any law remain open for the transaction of business; or(c)by a duly licensed auctioneer at a public auction; or(d)in pursuance of an order of a competent court;“stock” means any horse, mule, ass, bull, cow, ox, heifer, calf, sheep, goat, pig, poultry, domesticated ostrich, domesticated game or the carcase or portion of the carcase of any such stock;“sufficient fence” means any wire fence, or any other fence, wall or hedge through which no stock could pass without breaking it, or any natural boundary through or across which no sheep would ordinarily pass.2. Failure to give satisfactory account of possession of stock or produce
Any person who is found in possession of stock or produce in regard to which there is reasonable suspicion that it has been stolen and is unable to give a satisfactory account of such possession, shall be guilty of an offence.3. Absence of reasonable cause for believing stock or produce properly acquired
Any person who in any manner, otherwise than at a public sale, acquires or receives into his possession from any other person stolen stock or stolen produce without having reasonable cause for believing, at the time of such acquisition or receipt, that such stock or produce is the property of the person from whom he acquires or receives it or that such person has been duly authorized by the owner thereof to deal with it or dispose of it, shall be guilty of an offence.4. Entering enclosed land or kraal, shed, stable, or other walled place with intent to steal stock or produce
Any person who in any manner enters any land enclosed on all sides with a sufficient fence or any kraal, shed, stable or other walled place with intent to steal any stock or produce on such land or in such kraal, shed, stable or other walled place, shall be guilty of an offence.5. Delivery of stock or produce between sunset and sunrise
Any person who for purposes of trade makes or accepts delivery between the hours of sunset and sunrise of any stock or produce sold or purchased or otherwise disposed of or acquired by him or her in any other manner than at a public sale, shall be guilty of an offence.6. Document of identification to be furnished by person who disposes of stock
7. Acquisition of stock or produce from persons whose places of residence are unknown
8. Stock or produce driven, conveyed or transported on or along public roads
9. Arrest and search without warrant
10. Malicious arrest and search
11. Verdicts on a charge of theft of stock or produce
12. Act applicable in all cases where charge is one of theft of stock or produce
The provisions of this Act shall apply in every case where an accused is indicted, summoned or charged in respect of the theft of stock or produce, notwithstanding the fact that this Act is not referred to in the indictment, summons or charge.12A. ***
[section 12A inserted by Act 4 of 1991 and deleted by Act 19 of 1993]13. ***
[section 13 deleted by Act 4 of 1991]14. Penalties for certain offences
15. Penalty where not otherwise provided for
Any person who is convicted of an offence under this Act for which no penalty is otherwise provided shall be liable to a fine not exceeding R4 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.15A. Jurisdiction of magistrates’ courts
Notwithstanding anything to the contrary contained in any other law -16. Previous convictions
On any conviction for an offence under this Act, a conviction for a corresponding offence under any law repealed by section 22(1) of this Act, shall be deemed to be a previous conviction under this Act.17. Compensation for damage to, or loss of, stock
18. Establishment of Special Stock Theft Unit
The Inspector-General may, for the better prevention and combat of stock theft, establish a Special Stock Theft Unit consisting of members of the Police Force in Namibia.19. Regulations
The Minister may make regulations as to -20. Provisions of Act may be made applicable in respect of farm produce not mentioned in definition of produce
21. Application of sections 5, 6, 7 and 8
22. Repeal of Ordinance 11 of 1935 and Act 23 of 1985, and saving
23. Short title
This Act shall be called the Stock Theft Act, 1990.History of this document
28 December 2005 this version
Amended by
General Law Amendment Act, 2005
20 December 2004
Amended by
Stock Theft Amendment Act, 2004
01 October 1993
Amended by
Stock Theft Amendment Act, 1993
14 May 1991
Amended by
Stock Theft Amendment Act, 1991
28 August 1990
Commenced
20 August 1990
Assented to
Documents citing this one 159
Judgment 148
Gazette 9
Act 1
1. | Criminal Procedure Act, 2004 | 18 citations |
Law Reform Report 1
1. | Report on the Domestication of the United Nations Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment |
Subsidiary legislation
Title
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Date
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General Regulations, 1991 | Government Notice 113 of 1991 | 15 November 2017 |