- Is amended by Public Enterprises Governance Act, 2006
- Is commenced by Commencement of National Art Gallery of Namibia Act, 2000
National Art Gallery of Namibia Act
Act 14 of 2000
- Published in Government Gazette 2376 on 18 July 2000
- Assented to on 5 July 2000
- Commenced on 10 September 2001 by Commencement of National Art Gallery of Namibia Act, 2000
- [This is the version of this document from 1 November 2006 and includes any amendments published up to 1 December 2023.]
- [Amended by Public Enterprises Governance Act, 2006 (Act 2 of 2006) on 1 November 2006]
1. DefinitionsIn this Act, unless the context otherwise indicates -"annual general meeting" means the meeting of the board referred to in section 9(4);"Arts Association of Namibia" means the voluntary association, not for gain, established in terms of a written constitution adopted at an annual general meeting of that association, at Windhoek, on 27 August, 1981;"board" means the board of trustees of the gallery, established by section 4;[definition of “chairperson” deleted by Act 2 of 2006]"director" means the person referred to in section 15(b);"financial year" means the financial year of the gallery, determined by section 17;"gallery" means the National Art Gallery of Namibia established by section 2;"Government collection" means all visual art of which the Government of the Republic of Namibia is the owner or over which it exercises custody and control;"Minister" means the Minister responsible for Basic Education and Culture;"permanent collection" means any collection of works of art of any description acquired and maintained by the gallery in terms of section 3(b) and any documentation pertaining to that collection;"Permanent Secretary" means the Permanent Secretary of the Ministry responsible for Basic Education and Culture;"this Act" includes the regulations made under it;"trustee" means a member of the board;[definition of “vice-chairperson” deleted by Act 2 of 2006]"visual art" means all works of art or craft in any medium, including paintings, and all documentation pertaining to art, craft or painting.
2. Establishment of National Art Gallery of NamibiaThere is hereby established a juristic person to be known as the National Art Gallery of Namibia.
3. Objects of galleryThe objects of the gallery are to -
4. Board of trustees
5. Composition of boardThe Board shall be constituted, and its members, including the chairperson and the vice-chairperson of the Board, shall be appointed in accordance with, and for a period as determined under, sections 14 and 15 of the Public Enterprises Governance Act, 2006, but the membership of the Board shall include -
6. Disqualification for appointment as trusteeA person shall not qualify for appointment as a trustee if he or she -
7. ***[section 7 deleted by Act 2 of 2006]
8. Vacation of office and filling of vacancies
9. Meetings of board
10. Disclosure of interest
11. AllowancesNo allowance shall be paid to a trustee or a member of a committee for attending any meeting of the board or of a committee or for any work of the gallery performed by a trustee or a member of a committee, but a trustee or a member of a committee shall be entitled to be reimbursed any expenses reasonably incurred by him or her while travelling to, or attending, a meeting of the board or of a committee, or while performing any work of the gallery, and allowed by the board.
12. Committees of board
13. Restriction of liabilityA trustee, a member of a committee or an employee of the gallery shall not be personally liable for any loss or damage arising out of, or in connection with, the performance of his or her duties, unless the loss or damage is due to his or her willful misconduct or gross negligence or failure to comply with any provision of this Act or a direction or decision made under it.
14. Powers of board
15. RulesThe board may make rules to regulate -
16. Funds of gallery
17. Financial yearThe financial year of the gallery shall commence on 1 April and end on 31 March of the ensuing year.
18. Accounting and auditing
19. Annual report
20. SecurityThe Master of the High Court shall not require a trustee to furnish security or to account to him or her in terms of the Trust Moneys Protection Act, 1934 (Act No. 34 of 1934).
21. Curator of Government collection
22. Winding up of galleryThe gallery shall not be wound up or placed under judicial management except under authority of an Act of Parliament.
23. RegulationsThe Minister may, by notice in the Gazette make regulations, not inconsistent with this Act, in relation to -
24. Transitional provisionNot later than six months after the commencement of this Act, the Minister shall, by notice in the Gazette, determine the date when the gallery shall assume responsibility over the Government collection.
25. Short title and commencementThis Act shall be called the National Art Gallery of Namibia Act, 2000, and shall come into operation on a date to be determined by the Minister by notice in the Gazette.
History of this document
01 November 2006 this version
10 September 2001
18 July 2000
05 July 2000
Cited documents 2
Documents citing this one 4
- Namibia Government Gazette dated 2013-05-31 number 5213
- Namibia Government Gazette dated 2016-03-04 number 5965
- Namibia Government Gazette dated 2018-09-10 number 6708