Namibian Ports Authority Act, 1994 (Act 2 of 1994)
Government Gazette no. 810
This is the latest version of this legislation.

Namibian Ports Authority Act, 1994
Act 2 of 1994
- Published in Government Gazette no. 810 on 28 February 1994
- Assented to on 25 February 1994
- There are multiple commencements:
- [Up to date as at 9 April 2021]
Provisions | Status |
---|---|
Section 1–23, section 24–32 | commenced on 1 March 1994. |
Unknown provisions | commenced on 1 April 1995 by Government Notice 58 of 1995. |
Section 23A | commenced on 8 November 2001 by Act 12 of 2000. |
- [Amended by National Transport Services Holding Company Act, 1998 (Act 28 of 1998) on 1 April 1999]
- [Amended by Namibian Ports Authority Amendment Act, 2000 (Act 12 of 2000) on 8 November 2001]
- [Amended by Namibian Ports Authority Amendment Act, 2000 (Act 12 of 2000) on 2 May 2002]
- [Amended by Public Enterprises Governance Act, 2006 (Act 2 of 2006) on 1 November 2006]
INTERPRETATION
1. Definitions
In this Act, unless the context indicates otherwise -“Authority” means the Namibian Ports Authority established by section 2;“Authority’s area of jurisdiction”, in relation to a port, means an area referred to in section 13;“board” means the board of directors of the Authority referred to in section 4;“lighthouse” means any lighthouse of which the management and control has been entrusted to the Authority by or under this Act;“master”, in relation to a ship, means any person, other than a pilot, having charge of that ship;“Minister” means the Minister of Works, Transport and Communication;“port” means the Walvis Bay port or the Lüderitz port as described in Schedule 1 or any other port of which the management and control has been entrusted to the Authority under section 12, and includes the water and land comprising the Authority’s area of jurisdiction in respect of such port;“Port Captain” means the officer appointed as Port Captain of a port in terms of section 20, or anyone lawfully acting in that capacity;“ship” includes a ship vessel, or boat of any kind whatsoever, whether propelled by steam, diesel or otherwise or towed;“this Act” includes regulations made thereunder.Chapter I
ESTABLISHMENT OF NAMIBIAN PORTS AUTHORITY
2. Establishment of the Namibian Ports Authority
3. Objects of the Authority
4. Board of directors
5. Vacation of office by directors and filling of vacancies
6. Alternate directors
7. Remuneration of directors and alternate directors
A director and an alternate director who is not in the full-time service of the State shall in respect of his or her services as director be paid, out of the funds of the Authority, such remuneration and such subsistence and travelling allowances as the Minister may determine, subject to section 22(1) of the Public Enterprises Governance Act, 2006.[Section 7 is substituted by Act 2 of 2006, as amended by Act 8 of 2015. The Public Enterprises Governance Act referred to is Act 2 of 2006.]8. Duty of director to disclose interest
9. Meetings of the board
10. Committees of the board
Chapter II
TRANSFER OF PORTS AND ASSETS TO THE AUTHORITY
11. Transfer of Walvis Bay and Lüderitz ports and light houses to the Authority
“Special provision relating to the transfer of the Walvis Bay port to the Namibian Ports Authority
7. Notwithstanding the provisions of an agreement concluded between Transnet Limited, a company incorporated under the laws of the Republic of South Africa, and the Namibian Ports Authority, in terms of which the Walvis Bay port was transferred by Transnet Limited to the Namibian Ports Authority -
(a) that port shall be deemed to have become vested in the State and to have been transferred by the Minister to the Namibian ports [sic] Authority on 11 March 1994 in accordance with the provisions of section 11(2)(a) of the principal Act;]
(b) the acquisition of that port by the Namibian Ports authority [sic] pursuant to that agreement shall, for the purposes of subsection (5) and (6) of section 11 of the principal Act, be deemed to have been the acquisition thereof in terms of subsection (2) of that section.”]