Related documents
- Is amended by Public Enterprises Governance Act, 2006
- Is commenced by Namibia Institute of Pathology Act: Commencement
Namibia Institute of Pathology Act, 1999
Act 15 of 1999
- Published in Government Gazette 2210 on 19 October 1999
- Assented to on 30 September 1999
- Commenced on 1 April 2020 by Namibia Institute of Pathology Act: Commencement
- [This is the version of this document from 1 November 2006 and includes any amendments published up to 23 August 2024.]
- [Amended by Public Enterprises Governance Act, 2006 (Act 2 of 2006) on 1 November 2006]
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 Institute under the provisions of section 28, or lawfully acquired by the Institute by any other means;“Board” means the board of directors of the Institute established in terms of section 10;“chief executive officer” means the chief executive officer appointed under section 22;“committee” means a committee of the Board established under section 18 and “committee member” means a member of such committee;“Companies Act, 1973” means the Companies Act, 1973 (Act No. 61 of 1973) as applicable to the Institute;[The Companies Act 61 of 1973 has been replaced by the Companies Act 28 of 2004.]“Institute” means the Namibia Institute of Pathology Limited established by section 2;“director” means a director appointed under section 11, and includes an alternate director;[This definition is not in the correct alphabetical order. It should appear above the definition of “Institute”.]“Minister” means the Minister responsible for Health and Social Services;“Ministry” means the Ministry of Health and Social Services;“net assets” means the total value of all assets of the Institute 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 No. 13 of 1995);“Registrar” means the Registrar of Companies referred to in section 7 of the Companies Act;“staff member” has the meaning assigned to it in the Public Service Act, 1995 (Act No. 13 of 1995);“this Act” includes the regulations made thereunder.Part I – ESTABLISHMENT OF THE INSTITUTE
2. Establishment of Institute
There is established a company to be known as the Namibia Institute of Pathology Limited.3. Institute to be registered as a public limited liability company
4. Application of provisions of Companies Act
Part II – OBJECTS, FUNCTIONS AND POWERS OF THE INSTITUTE
5. Objects of Institute
The objects of the Institute shall be -6. Functions of Institute
7. Powers of Institute
Part III – DUTIES OF THE INSTITUTE
8. Duty to maintain records and supply information
9. Agreements for subsidized medical laboratory services or facilities by Institute
Part IV – MANAGEMENT AND CONTROL OF THE INSTITUTE
10. Board of Directors
11. Appointment of Directors
12. Tenure and vacation of office of director
13. Alternate Directors
14. 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.15. Chairperson of the Board
16. Remuneration of Directors
17. Meetings of Board
18. Committees of the Board
19. 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 Institute, 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, 1973, whereupon -20. Delegation of powers, duties and functions
21. Indemnity of directors and employees of the Institute from personal liability
No director, committee member or employee of the Institute 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 Institute, 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.22. Chief Executive Officer
23. Staff of the Institute and transfer of service
Part V – FINANCIAL PROVISIONS
24. Reserve funds
The Institute may, with the approval of the Minister, establish and operate such reserve funds as the Board may deem necessary, and may invest therein such moneys as the Board may from time to time determine.25. Financial year
Subject to the provisions of section 285 of the Companies Act, 1973, the financial year of the Institute 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.26. Accounts and auditing
27. Annual report
Part VI – LEGAL SUCCESSION
28. Transfer of assets and liabilities to Institute
29. Issue of shares to State
30. Exemption from transfer duties and stamp duties
Part VII – MISCELLANEOUS PROVISIONS
31. Winding-up and judicial management
The Institute shall not be wound up or placed under judicial management except under the authority of an Act of Parliament.32. Laboratories of Institute not to be subject to attachment
No medical laboratory or portion thereof belonging to the Institute shall be liable to attachment in respect of any judgment of any court granted against the Institute.33. Rendering of service by Ministry
Where any service is required to be rendered by the Ministry to the Institute, the Minister may direct that such service be rendered to the Institute by the Ministry 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 Institute for such service.34. Regulations
The Minister may make regulations that are not in conflict with this Act regarding any matter necessary for the purposes of the realization of the objects of the Institute.35. Short title and commencement
This Act shall be called the Namibia Institute of Pathology Act, 1999, and shall come into operation on a date to be determined by the Minister by notice in the Gazette.History of this document
01 April 2020
Commenced by
Namibia Institute of Pathology Act: Commencement
01 November 2006 this version
19 October 1999
30 September 1999
Assented to
Cited documents 3
Act 3
1. | Public Service Act, 1995 | 307 citations |
2. | Income Tax Act, 1981 | 241 citations |
3. | Public Accountants’ and Auditors’ Act, 1951 | 200 citations |
Documents citing this one 15
Gazette 12
Act 2
1. | Public Enterprises Governance Act, 2006 | 92 citations |
2. | Criminal Procedure Act, 2004 | 18 citations |
Judgment 1
1. | Katiti v Namibia Institute of Pathology Ltd (HC-MD-CIV-ACT- CON-2019/02012) [2024] NAHCMD 150 (5 April 2024) |