Namibia Library and Information Service Act, 2000
Act 4 of 2000
- Published in Government Gazette no. 2290 on 17 March 2000
- Assented to on 28 February 2000
- Commenced on 30 April 2001 by Government Notice of 2001
- [This is the version of this document from 17 March 2000 and includes any amendments published up to 6 October 2022.]
Part I – PRELIMINARY
1. DefinitionsIn this Act, unless the context otherwise indicates:-“affiliated library” means a library which is the subject matter of an agreement entered into in terms of section 3(3);“constituent library” means -(a)the National Library;(b)any other library established and funded by the State for -(i)a community;(ii)an office, agency or ministry as defined in section 1 of the Public Service Act, 1995 (Act No. 13 of 1995);(iii)a school;(iv)a college of education; and(c)any institution or place which was declared a constituent library in terms of section 3(4).“Council” means the Namibia Library and Information Council established by section 13;“document” means any information in textual, graphic, visual, auditory or other intelligible format stored through any medium, and any version or edition of a document which is significantly different from that document in respect of its information content or physical presentation and is considered to be a separate document;“Fund” means the Namibia Library and Information Fund established by section 7;“generally available” in relation to a document, means a document which is meant to be available, whether for payment or not, to -(a)any person; or(b)a member of a body of persons whose membership is open to any person who qualifies for membership;“government office” means -(a)an office, an agency or a ministry as defined in section 1 of the Public Service Act, 1995 (Act No. 13 of 1995);(b)a local authority council as defined in section 1 of the Local Authorities Act, 1992 (Act No. 23 of 1992);(c)a regional council as defined in section 1 of the Regional Councils Act, 1992 (Act No. 22 of 1992);(d)a statutory body established by an Act of Parliament;“Head of Archives” means the Head of Archives as defined in section 1 of the Archives Act, 1992 (Act No. 12 of 1992);“Head of the National Library” means the staff member designated in terms of section 5 (1) as Head of the National Library;“Head of the Service” means the staff member designated in terms of section 4 (1) as Head of the Service;“legal deposit” means the document or information which in terms of section 8 is required to be deposited at a place of deposit;“legal deposit committee” means the legal deposit committee established by section 12;“library” includes a resource centre, an information centre or a documentation centre;“Minister” means the Minister of Basic Education and Culture;“Ministry” means the Ministry of Basic Education and Culture;“National Archives” means the National Archives of Namibia established by section 3 of the Archives Act, 1992 (Act No. 12 of 1992);“National Library” means the place which in terms of section 5 (1), has been declared as the National Library;“place of deposit” means -(a)the National Archives;(b)the National Library;(c)the Parliament Library; or(d)a place which in terms of section 8(1) has been declared a place of deposit; “prescribe” means prescribed by regulation made under section 21;“producer” means a person who, or a government office which -(a)publishes the original of any document which is intended to be generally available; or(b)imports from outside Namibia, a document made outside Namibia and which document is intended for Namibia, or to be generally available in Namibia;“Service” means the Namibia Library and Information Service referred to in section 3;“staff member” means a staff member as defined in section 1 of the Public Service Act, 1995 (Act No. 13 of 1995);“this Act” includes the regulations made under section 21;“user committee” means a committee established in terms of section 6(2).
2. ApplicationExcept for section 20 this Act binds the State.
Part II – NAMIBIA LIBRARY AND INFORMATION SERVICE
3. Establishment of Service
4. Head of Service
5. National Library
6. Other libraries
7. Namibia Library and Information Fund
Part III – LEGAL DEPOSIT
8. Legal deposit
9. Time of deposit
10. Cost of depositThe cost of depositing shall be met by the producer.
11. Duties of place of deposit
12. Legal deposit committee
Part IV – NAMIBIA LIBRARY AND INFORMATION COUNCIL
13. Establishment of CouncilThere is hereby established a council to be known as the Namibia Library and Information Council whose main objective shall be to promote the development and use of library and information resources in Namibia for the benefit of the people of Namibia.
14. Composition of Council
15. Functions of CouncilIn addition to any function imposed by section 7(3), the functions of the Council are to -
16. Powers of Council
17. Tenure of office
18. Meetings of Council
19. Administrative work of Council and expenditure
Part V – GENERAL
20. Offence and penaltyA person who fails to comply with section 9 commits an offence and is liable on conviction to a fine not exceeding N$2000 or to imprisonment for a period not exceeding six months or to both the fine and the imprisonment.
22. Delegation of powers and assignment of duties
23. Service of noticesA notice required to be given to any person under this Act shall be deemed to have been given if -
24. Restriction of liabilityNo person, including the State, shall be liable in respect of anything done or omitted in good faith and not attributable to gross negligence in the exercise or performance of any power or duty in terms of this Act.
25. Repeal of section 18bis of Proclamation No. 17 of 1923, the Libraries Ordinance, 1981 and the Libraries Amendment Ordinance, 1983Section 18bis of the Patents and Designs Proclamation, 1923 (Proclamation No. 17 of 1923), and the Libraries Ordinance, 1981 (Ordinance No. 4 of 1981 of the Legislative Assembly of the Whites) and the Libraries Amendment Ordinance, 1983 (Ordinance No. 4 of 1983 of the Legislative Assembly of the Whites) are hereby repealed.
26. Short title and commencementThis Act shall be called the Namibia Library and Information Service 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
30 April 2001
17 March 2000 this version
Published in Government Gazette number 2290
28 February 2000