Related documents
- Is amended by Agricultural Bank of Namibia Amendment Act, 2004
- Is amended by Public Enterprises Governance Act, 2006
- Is commenced by Date of commencement: Agricultural Bank of Namibia, 2003
Agricultural Bank of Namibia Act 5 of 2003
Act 5 of 2003
- Published in Government Gazette 3003 on 25 June 2003
- Assented to on 6 June 2003
- Commenced on 15 November 2003 by Date of commencement: Agricultural Bank of Namibia, 2003
- [This is the version of this document from 1 November 2006 and includes any amendments published up to 3 January 2025.]
- [Amended by Agricultural Bank of Namibia Amendment Act, 2004 (Act 22 of 2004) on 22 December 2004]
- [Amended by Public Enterprises Governance Act, 2006 (Act 2 of 2006) on 1 November 2006]
Part I – Preliminary provisions
1. Definitions
In this Act, unless the context otherwise indicates -“activity related to agriculture” means the processing or marketing of food or natural fibers or any other activity declared as such by the Minister with the concurrence of the Minister responsible for agriculture by notice in the Gazette;“Agribank” means Agribank referred to in section 3;“Board” means the Board of the Agribank appointed in terms of section 7;“borrower” means a person to whom the Agribank has advanced a loan;“chairperson” means the chairperson of the Board appointed in terms of section 8(2);“Chief Executive Officer” means the Chief Executive Officer of the Agribank appointed in terms of section 16;“committee” means a committee established under section 12;“member” means a member of the Board referred to in section 8;“Minister” means the Minister responsible for finance; and“vice-chairperson” means the vice-chairperson appointed in terms of section 8(2).2. Application of other laws
The Agribank is not subject to any law regulating banking institutions in Namibia.Part II – Agribank and its object, functions and powers
3. Agribank
The juristic person known as the Agricultural Bank of Namibia continues to exist under the name Agribank.4. Object of the Agribank
The object of the Agribank is to promote agriculture or activities related to agriculture by lending money -5. Functions of the Agribank
The functions of the Agribank are -6. Powers of the Agribank
Part III – Management and control of the Agribank
7. Board of the Agribank
There shall be a Board of the Agribank which shall be responsible for the policy, management and control of the affairs of the Agribank and for exercising the powers and performing the functions and duties of the Agribank subject to this Act.[section 7 amended by Act 22 of 2004 and substituted by Act 2 of 2006]8. Constitution of the Board
9. Disqualification from appointment as member of Board
A person is not eligible for appointment in terms of section 8, if the person -10. Term of office and vacation of office
11. Meetings of Board
12. Committees of the Board
13. Remuneration and allowances of members of Board and committees
14. Disclosure of interests
15. Delegation of powers and assignment of duties
16. Chief Executive Officer
17. Other employees of the Agribank
Part IV – Financial provisions
18. Funds of the Agribank
19. Financial year
The financial year of the Agribank starts on 1 April and ends on 31 March the following year.20. Auditing and accounting
21. Annual report
22. Performance agreement
Part V – General provisions
23. Limitation of liability
A member of the Board or of a committee, the Chief Executive Officer, or any other employee of the Agribank, is not liable in respect of anything done, or omitted to be done, in good faith in the exercise of any power, or the performance of any function or duty, under this Act.24. Preservation of secrecy
A member of the Board or of a committee, the Chief Executive Officer, or any other employee of the Agribank, may not disclose to any other person confidential information, which the member, the Chief Executive Officer or other employee, has acquired in the exercise of his or her powers, or the performance of his or her functions or duties, under this Act, except -25. Restriction on the use of the name of the Agribank
Except with the approval of the Agribank, a person may not carry on business under the name “Agricultural Bank of Namibia” or “Agribank” or under a name that so closely resembles one or both such names so as to signify a connection between that business and the Agribank.26. Liquidation
The Agribank may not be liquidated, except by an Act of Parliament.27. Rules by Board
The Board may make rules in relation to -28. Offences and penalties
A person who contravenes, or fails to comply with, the provisions of section 14, 24 or 25 is guilty of an offence and is on conviction liable to a fine not exceeding N$8 000 or to imprisonment not exceeding two years or to both such fine and such imprisonment.29. Transitional provisions
30. Repeal, or amendment, of laws and savings
31. Short title and commencement
History of this document
01 November 2006 this version
22 December 2004
15 November 2003
25 June 2003
06 June 2003
Assented to
Cited documents 2
Act 2
1. | General Law Amendment Act, 1968 | 12 citations |
2. | Suretyship Amendment Act, 1971 | 4 citations |
Documents citing this one 33
Gazette 20
Act 8
1. | Banking Institutions Act, 1998 | 224 citations |
2. | Public Enterprises Governance Act, 2006 | 93 citations |
3. | Financial Intelligence Act, 2012 | 64 citations |
4. | Transfer Duty Act, 1993 | 40 citations |
5. | Banking Institutions Act, 2023 | 23 citations |
6. | Criminal Procedure Act, 2004 | 18 citations |
7. | Deeds Registries Act, 2015 | 9 citations |
8. | Financial Institutions and Markets Act, 2021 | 6 citations |
Judgment 4
Discussion Paper 1
1. | Discussion Document on Consumer Protection |