Related documents
- Is amended by Public Enterprises Governance Act, 2006
- Is amended by Water Resources Management Act, 2013
- Is commenced by Commencement of the Namibia Water Corporation Act, 1997 (Act 12 of 1997)

Namibia Water Corporation Act, 1997
Act 12 of 1997
- Published in Government Gazette 1703 on 10 October 1997
- Assented to on 1 October 1997
- Commenced on 20 November 1997 by Commencement of the Namibia Water Corporation Act, 1997 (Act 12 of 1997)
- [This is the version of this document from 29 August 2023 and includes any amendments published up to 17 November 2023.]
- [Amended by Public Enterprises Governance Act, 2006 (Act 2 of 2006) on 1 November 2006]
- [Amended by Water Resources Management Act, 2013 (Act 11 of 2013) on 29 August 2023]
Part I – INTERPRETATION
1. Definitions
In this Act, unless the context indicates otherwise -“assets” includes any movable or immovable property, lease, servitude or other real right transferred to the Corporation under the provisions of section 34, or lawfully acquired by the Corporation by any other means;“Association of Local Authorities” means an association representing the Local Authority Councils in Namibia;“auditors” means the auditors appointed in terms of subsection (2) of section 32;“Board” means the board of directors of the Corporation established in terms of section 16;“bulk water supply” means the wholesale supply of water on a business-orientated basis, in large quantities, whether in treated or untreated form, for any utilisation purpose to a customer for own use or for subsequent supply by the customer to consumers;“committee” means a committee of the Board established under section 24 and “committee member” means a member of such committee;“Companies Act” means the Companies Act, 1973 (Act 61 of 1973) as applicable to the Corporation;[The Companies Act 61 of 1973 has been replaced by the Companies Act 28 of 2004.]“Corporation” means the Namibia Water Corporation Limited established under section 2;“customer” means a person or body, incorporated or unincorporated, with whom the Corporation has a written agreement to supply water, a service or a facility, or to lease a right;“Department” means the Department of Water Affairs in the Ministry of Agriculture, Water and Rural Development;“director” means a director appointed under section 17 and includes an alternate director;“Minister” means the Minister responsible for Agriculture, Water and Rural Development;“net assets” means the total value of all assets of the Corporation less the amount of all liabilities;“prescribe” means prescribe by regulation;“Public Service” means the public service as established under the Public Service Act, 1995 (Act 13 of 1995);“Registrar” means the Registrar of Companies referred to in section 7 of the Companies Act;“regulation” means a regulation made under section 43;“staff member” has the meaning assigned to it in the Public Service Act, 1995 (Act 13 of 1995);“transfer date” means the date determined by the Minister under subsection (1) of section 34;“Water Act” means the Water Act, 1956 (Act 54 of 1956);“water resource” means a natural source or occurrence of water which is not artificially confined; and“waterwork” means a dam, embankment, wall, borehole, well, pumping installation, pipe, pipeline, canal, reservoir, sluice gate, filter, sedimentation tank, channel, purification plant, gauge post or measuring weir, road, telephone line or other work, structure or installation constructed, erected or used for or in connection with the collection, abstraction, impounding, storage, conservation, transport, passage, drainage, purification, measurement or control of water, sewage, effluent or waste water.Part II – ESTABLISHMENT OF THE CORPORATION
2. Establishment of the Corporation
3. Corporation to be registered as a public company
4. Application of provisions of the Companies Act
Part III – OBJECTS, FUNCTIONS AND POWERS OF THE CORPORATION
5. Objects of the Corporation
The objects of the Corporation shall be to carry out efficiently, and in the best interests of the Republic of Namibia -6. Functions of the Corporation
7. Powers of the Corporation
8. Powers of entry onto land
Part IV – DUTIES OF THE CORPORATION
9. Duty to supply water
10. Right of the Corporation to interrupt or reduce water supply
11. Duty to conserve and protect water resources
12. Duty to conserve and protect the environment
13. Duty to maintain records and supply information
14. Duty to formulate and maintain levels of service standards
15. Agreements for subsidised services or supply of water by the Corporation
Part V – MANAGEMENT AND CONTROL OF THE CORPORATION
16. Board of directors
17. Appointment of directors
18. Tenure and vacation of office of director
19. Alternate directors
20. Irregularity in appointment not to invalidate acts
The acts of a director shall not be invalidated only by reason of an irregularity in his or her appointment.21. Chairperson of the Board
22. Remuneration of directors
23. Meetings of the Board
24. Committees of the Board
25. Disclosure of interests
A director or committee member who has a direct or indirect interest in any matter which is likely to conflict with the interests or objects of the Corporation, shall as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest in a meeting of the Board or of a committee, as the case may be, in accordance with the procedure provided in sections 234 to 241 of the Companies Act, whereupon -26. Delegation of powers, duties and functions
27. Indemnity of directors and employees of the Corporation from personal liability
No director, committee member or employee of the Corporation shall be personally liable for any damage or loss arising out of any act done by himself or herself in good faith and in the course of his or her duties to the Corporation unless such loss or damage is due to his or her wilful misconduct, dishonesty, gross negligence or failure to comply with any provision of this Act.28. Chief executive officer
29. Staff of the Corporation and transfer of service
Part VI – FINANCIAL PROVISIONS
30. Reserve funds and capitalisation of profits
31. Financial year
Subject to the provisions of section 285 of the Companies Act, the financial year of the Corporation shall commence and end on such dates as the Board in consultation with the Minister may determine, and the Minister shall publish those dates by notice in the Gazette.32. Accounts and auditing
33. Annual report
Part VII – LEGAL SUCCESSION TO THE DEPARTMENT OF WATER AFFAIRS
34. Transfer of assets and liabilities to the Corporation
35. Issue of shares to the State
36. Exemption from transfer duties and stamp duties
Part VIII – MISCELLANEOUS PROVISIONS
37. Sale or disposal of assets of the Corporation
38. Winding-up and judicial management
The Corporation shall not be wound up or placed under judicial management except under the authority of an Act of Parliament.39. Waterworks of the Corporation not to be subject to attachment
No waterwork or portion thereof belonging to the Corporation shall be liable to attachment in respect of any judgement of any court granted against the Corporation.40. Provision of water to customers deemed an essential service
For the purposes of the provisions of subparagraph (ii) of paragraph (a) of subsection (2) of section 79 of the Labour Act, 1992 (Act 6 of 1992), an employee of the Corporation who, by withholding his or her services, may cause or prolong a disruption of water supply to a customer, shall be deemed to be rendering an essential service.[The Labour Act 6 of 1992 has been replaced by the Labour Act 11 of 2007. Section 16 of Act 11 of 2007 provides that “any reference to a provision of the previous Act must be read as if it were a reference to the corresponding provision of this Act, in so far as possible”.]41. Rendering of service by the Department
Where any service is required to be rendered by the Department to the Corporation, the Minister may direct that such service be rendered to the Corporation by the Department in such manner and to such extent as the Minister may determine, and the Minister may fix a fair and reasonable charge to be paid by the Corporation for such service.42. Application of provisions of the Water Act
43. Regulations
The Minister may make regulations regarding -44. Continuation of certain water supply functions by the State
Nothing in this Act shall be construed as affecting the water supply function of the State in relation to communities or individuals in rural areas.45. Short title and commencement
This Act shall be called the Namibia Water Corporation Act, 1997 and shall come into operation on a date to be determined by the Minister, by notice in the Gazette.History of this document
29 August 2023 this version
Amended by
Water Resources Management Act, 2013
01 November 2006
20 November 1997
10 October 1997
01 October 1997
Assented to
Cited documents 4
Legislation 4
Documents citing this one 12
Gazette 9
- Namibia Government Gazette dated 2009-12-28 number 4401
- Namibia Government Gazette dated 2011-05-10 number 4707
- Namibia Government Gazette dated 2012-08-31 number 5025
- Namibia Government Gazette dated 2015-07-31 number 5796
- Namibia Government Gazette dated 2016-03-04 number 5965
- Namibia Government Gazette dated 2016-04-15 number 5991
- Namibia Government Gazette dated 2017-06-01 number 6318
- Namibia Government Gazette dated 2018-09-10 number 6708
- Namibia Government Gazette dated 2018-10-26 number 6747