Related documents
- Is amended by Public Enterprises Governance Act, 2006
- Is amended by Civil Aviation Act, 2016
- Is commenced by Commencement of the Airports Company Act, 1998
- Is commenced by Airports Company Act, 1998: Transfer of State aerodromes to the Company

Airports Company Act, 1998
Act 25 of 1998
- Published in Government Gazette no. 1958 on 21 September 1998
- Assented to on 4 September 1998
- There are multiple commencements:
- [This is the version of this document from 1 November 2016 and includes any amendments published up to 6 October 2022.]
Provisions | Status |
---|---|
Section 1–4, section 14, section 19 | commenced on 1 November 1998 by Government Notice of 1998. |
Section 5–13, section 15–18 | commenced on 5 February 1999 by Government Notice of 1999. |
- [Amended by Public Enterprises Governance Act, 2006 (Act 2 of 2006) on 1 November 2006]
- [Amended by Civil Aviation Act, 2016 (Act 6 of 2016) on 1 November 2016]
1. Definitions
In this Act, unless the context otherwise indicates -“aerodrome” means a defined area on land or water, including any buildings, installations and equipment, intended to be used either wholly or in part for the arrival, surface movement, parking or departure of aircraft;“aerodrome charge” means an amount levied by the Company -(a)on an operator of an aircraft in connection with the arrival, parking or departure of such aircraft at a Company aerodrome, including an amount determined with reference to the number of passengers on board an aircraft;(b)on aircraft passengers in connection with their arrival at or departure from a Company aerodrome by means of an aircraft;“articles” means the articles of association of the Company;“board” means the board of directors of the Company;“Companies Act” means the Companies Act, 1973 (Act No. 61 of 1973);[The Companies Act 61 of 1973 has been replaced by the Companies Act 28 of 2004.]“Company” means the company contemplated in section 2;“Company aerodrome” means an aerodrome contemplated in section 4(1);“international standards and recommended practices” means any international standard or recommended practice or procedure adopted by the International Civil Aviation Organisation (ICAO) for the purposes of article 37 of the Chicago Convention as defined in the definition of “Convention” in section 1 of the Aviation Act, 1962 (Act No. 74 of 1962);“memorandum” means the memorandum of association of the Company;“Minister” means the Minister responsible for Civil Aviation;“regulation” means a regulation made under this Act;“relevant activity”, means the provision at a Company aerodrome of any service or facility for the purposes of -(a)the arrival, surface movement, parking or departure of aircraft;(b)the servicing of aircraft, including the supply of fuel and lubricants;(c)the handling of aircraft passengers, baggage or cargo on the premises of such aerodrome, including the transfer of such passengers, baggage or cargo to and from aircraft;[definition of “Shareholding Minister” deleted by Act 2 of 2006]“this Act” includes the regulations made thereunder; and“transfer date” means the date determined by the Minister in terms of section 14(1).2. Incorporation of Company
3. Shareholding in Company
4. Objects of Company
5. Functions of Company and appointment of chief executive officer
6. Performance agreement
7. Statement of intent
8. Annual report
9. Power of Minister to give directions to Company
10. Power of Minister to demand information
Notwithstanding any other law, the Minister may at any time by notice in writing require the Company to furnish him or her with such information relating to the affairs of the Company as he or she may reasonably require for the purpose of the performance of his or her functions in terms of this Act, and which information so required he or she specifies in such notice.[section 10 amended by Act 2 of 2006 to delete the term “Shareholding”]11. Sale or closure of aerodrome or curtailment of relevant activity
12. Failure of Company to comply with certain provisions
13. Construction of certain reference in Ordinance No. 13 of 1978
As from the date of the incorporation of the Company, any reference to a local authority in section 3 of the Expropriation Ordinance, 1978 (Ordinance No. 13 of 1978), shall, for the purposes of this Act, be construed as a reference to the Company.14. Transitional provisions
15. Issue of additional shares to State
16. Amendment of section 1 of Act No. 10 of 1972, as amended by section 1 of Act No. 9 of 1992
Section 1 of the Civil Aviation Offences Act, 1972, is amended -17. ***
[section 17 deleted by Act 6 of 2016]18. Insertion of section 2N in Act No. 10 of 1972
The following section is inserted in the Civil Aviation Offences Act, 1972, after section 2M:"2N. “Compensation to CompanyThe Minister may to such extent as he or she may determine and in consultation with the Minister of Finance, out of moneys appropriated by Parliament, compensate the Company for any costs which it incurs as a direct result of the performance of its functions in terms of this Act and which the Company cannot readily recover from the users of a Company aerodrome as defined in section 1 of the Airports Company Act, 1998.”."19. Short title and commencement
History of this document
01 November 2016 this version
Amended by
Civil Aviation Act, 2016
01 November 2006
01 November 1998
Commences.
21 September 1998
Published in
Government Gazette number 1958
04 September 1998
Assented to.
Cited documents 6
Documents citing this one 11
- Civil Aviation Act, 2016
- Fire Tech System CC v Namibia Airports Company Limited and Others (APPEAL 330 of 2014) [2016] NAHCMD 220 (22 July 2016)
- Four Three Five Development Companies (Pty) Ltd v Namibia Airports Company and Others (1) (HC-MD-CIV-MOT-REV 20 of 2016) [2017] NAHCMD 23 (2 February 2017)
- IBB Military Equipment and Accessory Supplies Close Corporation v Namibia Airports Company (1) (HC-MD-CIV-ACT-OTH 148 of 2017) [2017] NAHCMD 318 (8 November 2017)
- Namibia Airports Company Limited v Menzies Aviation Namibia (Pty) Ltd and Another (HC-MD-CIV-MOT-GEN 233 of 2022) [2022] NAHCMD 403 (11 August 2022)
- Namibia Airports Company Limited v S E Duty Free Trading (Pty) Ltd (332 of 2007) [2012] NAHC 102 (12 April 2012)
- Namibia Airports Company Ltd v China State Engineering Construction Corporation (HC-MD-CIV-MOT-REV 444 of 2017) [2019] NAHCMD 171 (7 June 2019)
- Namibia Airports Company v IBB Military Equipment and Accessory Supplies CC (1) (HC-MD-CIV-ACT-OTH 1488 of 2017) [2018] NAHCMD 271 (31 August 2018)
- President of Republic of Namibia and Others v Anhui Foreign Economic Construction Group Corporation Ltd and Another (SA 59 of 2016) [2017] NASC 7 (28 March 2017)
- Public Enterprises Governance Act, 2006
- Public Service Union of Namibia v Namibia Airports Company Limited (SA 7 of 2002) [2003] NASC 9 (5 March 2003)