National Fishing Corporation of Namibia Act, 1991
Act 28 of 1991
- Published in Government Gazette 330 on 27 December 1991
- Assented to on 12 December 1991
- Commenced on 27 December 1991
- [This is the version of this document from 27 December 1991 and includes any amendments published up to 1 December 2023.]
1. DefinitionsIn this Act, unless the context indicates otherwise -“board” means the board of directors of the Corporation;“Companies Act” means the Companies Act, 1973 (Act 61 of 1973) as amended;[The Companies Act 61 of 1973 has been replaced by the Companies Act 28 of 2004.]“Corporation” means National Fishing Corporation of Namibia Limited;“director” includes alternate director;“Government” means the Government of the Republic of Namibia;“fishing industry” means the fishing industry of the Republic of Namibia and includes the whole of the trade engaged in the exploitation of the fish and other marine resources (including aquatic plants, salt and guano), the buying, selling, processing (including preserving or preparing fish or marine products, and manufacturing by any method products wholly or partly derived from fish or other marine resources), and the marketing of fish, fish products and other marine resources or products wholly or partly derived therefrom;“Minister” means the Minister of Fisheries and Marine Resources;“Namibia” means the Republic of Namibia;“private shareholder” means any holder of shares in the Corporation other than the Government as holder of Class A and Class B shares;“Registrar” means the Registrar of Companies appointed under the Companies Act.
2. Incorporation of the Corporation
3. Application of provisions of Companies Act
4. Memorandum and Articles of Association of Corporation
5. Certain provisions to be included in Memorandum of AssociationThe Memorandum of Association of the Corporation shall on registration include the following provisions -
6. Certain provisions to be included in Articles of AssociationThe Articles of Association of the Corporation shall on registration include the following provisions, which provisions may be amended in accordance with the provisions of the Companies Act -
7. Amendment of Memorandum and Articles of AssociationAfter registration of the Corporation by the Registrar, the Memorandum and Articles of Association of the Corporation may only be amended as provided by the Companies Act, notwithstanding anything to the contrary in this Act contained.
8. Shares shall be registered in name of beneficial owner
9. Representative appointed by Minister
10. Information to be furnished to Minister and to National Assembly
11. Procedure for election of private directorsThe Minister may, by notice in the Gazette, determine the procedure for the election of the directors required to be elected by the private shareholders.
12. Winding-up and judicial managementThe Corporation shall not be wound up or placed under judicial management except by or under the authority of an Act of Parliament.
13. Transfer of certain assets and rights to Corporation
14. Exemption from liability
15. Short titleThis Act shall be called the National Fishing Corporation of Namibia Act, 1991.
History of this document
27 December 1991 this version
12 December 1991
Documents citing this one 14
- Namibia Government Gazette dated 1991-12-27 number 330
- Namibia Government Gazette dated 2006-09-14 number 3698
- Namibia Government Gazette dated 2013-05-31 number 5213
- Namibia Government Gazette dated 2015-09-24 number 5837
- Namibia Government Gazette dated 2016-03-04 number 5965
- Namibia Government Gazette dated 2016-04-29 number 5996
- Namibia Government Gazette dated 2016-05-27 number 6017
- Namibia Government Gazette dated 2017-05-15 number 6307
- Namibia Government Gazette dated 2018-09-10 number 6708
- Namibia Government Gazette dated 2019-06-05 number 6925
- National Fishing Corporation (Pty) Ltd v African Selection Fishing (Namibia) (Pty) Ltd & Others (HC-MD-CIV-ACT-OTH- 1143 of 2021)  NAHCMD 580 (21 October 2022)
- Offshore Development Company (Pty) Ltd v First National Bank of Namibia Ltd (3909 of 6)  NAHCMD 269 (2 October 2013)