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To provide for the application of certain laws to the Eastern Caprivi Zipfel, the operation of which was excluded by virtue of the provision of certain pre-independent laws.
WHEREAS section 38(5) of the South-West Africa Constitution Act, 1968 (Act No. 39 of 1968) provided that no Act of the Parliament of the Republic of South Africa and no Ordinance of the Legislative Assembly of the then Territory of South-West Africa passed on or after the first day of November 1951 would apply in that part of the said Territory that was demarcated and known as the Eastern Caprivi Zipfel, unless it was expressly declared so to apply;
AND WHEREAS, not withstanding the repeal of that section by Article 147 of the Namibian Constitution, that provision presently still has effect by virtue of section 11(2) of the Interpretation Proclamation, 1920 (Proclamation No. 37 of 1920);
AND WHEREAS it is considered necessary to empower Ministers to extend to the said Eastern Caprivi Zipfel the operation of laws which by virtue of the South-West Africa Constitution Act, 1968, presently do not apply in that part of Namibia;
NOW THEREFORE BE IT ENACTED by the Parliament of the Republic of Namibia, as follows:-
Application of Laws to the Eastern Caprivi Zipfel Act, 1999
Act 10 of 1999
Published in Government Gazette no. 2139 on 12 July 1999
Assented to on 24 June 1999
Commenced on 12 July 1999
[Up to date as at 9 April 2021]
1. Power to declare laws applicable to the Eastern Caprivi Zipfel
A Minister responsible for any Ministry in which any law is administered which is not applicable, by virtue of the provisions of section 38(5) of the South-West Africa Constitution Act, 1968 (Act No. 39 of 1968) as repealed by Article 147 of the Namibian Constitution, in that part of Namibia which was known as the Eastern Caprivi Zipfel, may by notice in the Gazette declare such law to be applicable also in the said Eastern Caprivi Zipfel, with effect from a date specified in such notice.
A notice referred to in subsection (1) may prescribe such measures or conditions as the Minister may regard necessary to provide for the smooth application in the Eastern Caprivi Zipfel of a law declared applicable in terms of that subsection in such notice.
2. Short title and commencement
This Act shall be called the Application of Laws to the Eastern Caprivi Zipfel Act, 1999.