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Posts and Telecommunications Companies Establishment Act, 1992
Act 17 of 1992
- Published in Government Gazette no. 447 on 31 July 1992
- Assented to on 30 July 1992
- Commenced on 31 July 1992 by Government Notice of 1992
- [This is the version of this document from 18 May 2011 and includes any amendments published up to 6 October 2022.]
- [Amended by Customs and Excise Act, 1998 (Act 20 of 1998) on 1 August 1998]
- [Amended by Public Enterprises Governance Act, 2006 (Act 2 of 2006) on 1 November 2006]
- [Amended by Communications Act, 2009 (Act 8 of 2009) on 18 May 2011]
PRELIMINARY
1. Definitions
In this Act, unless the context otherwise indicates -“Companies Act” means the Companies Act, 1973 (Act 61 of 1973);[The Companies Act 61 of 1973 has been replaced by the Companies Act 28 of 2004.]“department” means the Department of Posts and Telecommunication as existing in the Ministry of Works, Transport and Communications immediately before the transfer date;“employee” in relation to a person in the employment of the department, means an employee as defined in section 1 of the Public Service Act, 1980 (Act 2 of 1980);[The Public Service Act 2 of 1980 has been replaced by the Public Service 13 of 1995. Section 38 of Act 13 of 1995 provides that certain expressions relevant to Act 2 of 1980 shall be construed to refer to certain corresponding expressions relevant to Act 13 of 1995, but does not say anything about references to the term “employee”. Act 13 of 1995 contains no definition of “employee”.]“holding company” means Namibia Post and Telecom Holdings Limited established by section 2(1)(c);“Minister” means the Minister of Works, Transport and Communication;“officer” in relation to a person in the employment of the department, means an officer as defined in section 1 of the Public Service Act, 1980 (Act 2 of 1980);[The Public Service Act 2 of 1980 has been replaced by the Public Service 13 of 1995. Section 38 of Act 13 of 1995 provides that certain expressions relevant to Act 2 of 1980 shall be construed to refer to certain corresponding expressions relevant to Act 13 of 1995, but does not say anything about references to the term “officer”. Act 13 of 1995 contains no definition of “officer”.]“postal company” means Namibia Post Limited established by section 2(1)(a);“postal enterprise” means all the assets, liabilities, rights and obligations, including any claim to copyright, trade marks and patentable inventions of the State which relate to or are connected with the conduct of the postal service and the supplementary services by the department, as determined by the Minister;“postal service” means the business of receiving, collecting, dispatching, conveying and delivering postal articles as defined in section 1 of the Posts and Telecommunications Act, 1992 and of performing all incidental services as undertaken by the department prior to the transfer date;“Postmaster-General” means the officer occupying the post with that designation on the fixed establishment of the department in terms of the Post Office Act, 1958 (Act 44 of 1958);“Savings Bank” means the Post Office Savings Bank controlled and managed by the Postmaster-General immediately before the transfer date;“successor company” means a company established by section 2(1);“supplementary services” means -(a)the control and management of the Savings Bank;(b)the rendering of a money transfer service;“telecommunications company” means Telecom Namibia Limited established by section 2(1)(b);“telecommunications enterprise” means all the assets, liabilities, rights and obligations, including any claim to copyright, trademarks and patentable inventions of the State which relate to or are connected with the conduct of the telecommunications service by the department, as determined by the Minister;“telecommunications service” means the business of undertaking or providing any system or method of conveying signs, signals, sounds, communications or other information by means of electricity, magnetism, electro-magnetic waves or an agency of a like nature, whether with or without the aid of tangible conductors, from one point to another, and as undertaken by the department prior to the transfer date;“transfer date” means the date determined by the Minister under section 4(1).Chapter I
SUCCESSOR COMPANIES
2. Establishment of successor companies
3. Application of provisions of Companies Act
4. Transfer of postal enterprise and telecommunications enterprise to successor companies
5. Shareholding in successor companies
Chapter II
STAFF MATTERS
6. Transfer to successor company
Chapter III
MISCELLANEOUS
7. Security for payment of deposits in Savings Bank
The revenue and assets of the postal company and thereafter the State, shall serve as security for the repayment of deposits in the Savings Bank and for the payment of interest due thereon.8. Financial statements of successor companies
The Minister shall lay copies of the annual financial statements of each successor company upon the Table in the National Assembly within fourteen days after their approval by the board of directors of such company if the National Assembly is then in ordinary session or, if the National Assembly is not then in session, within fourteen days after the commencement of its first ensuing ordinary session.9. Repeal of laws and savings
10. Short title and commencement
History of this document
18 May 2011 this version
Amended by
Communications Act, 2009
01 November 2006
01 August 1998
Amended by
Customs and Excise Act, 1998
31 July 1992
Published in
Government Gazette number 447
Commences.
30 July 1992
Assented to.
Cited documents 7
Documents citing this one 62
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