Former Presidents’ Pension and Other Benefits Act, 2004
Act 18 of 2004
- Published in Government Gazette 3350 on 18 December 2004
- Assented to on 1 December 2004
- Commenced on 18 December 2004
- [This is the version of this document from 18 December 2004 and includes any amendments published up to 1 December 2023.]
- [Amended by Former Presidents’ Pension and Other Benefits Amendment Act, 2012 (Act 14 of 2012) on 18 December 2004]
1. DefinitionsIn this Act, unless the context otherwise indicates -“dependent child”, means a child, including an adopted child or a step-child, of a deceased former President, who is under the age of 21 years and was wholly or substantially dependent upon the deceased former President for his or her livelihood immediately preceding the death of the former President;“former President” means a person who -(a)has held the office of President of the Republic of Namibia in terms of the Namibian Constitution; and(b)has died or ceased to hold that office for any other reason;“President” means a person elected as President of the Republic of Namibia in terms of the Namibian Constitution; and“surviving spouse” means a person who was the wife or husband of a former President upon the date of his or her death, and includes a wife or husband of a marriage under customary law.
2. Pension and other benefits of former Presidents
3. Pension payable to spouse or dependents of deceased former President
4. Period for which pension is payable
5. Expenditure defrayed out of State Revenue FundAll expenditure incidental to the payment of pension and gratuity and the provision of other benefits under this Act must be defrayed out of the State Revenue Fund from money appropriated by Parliament.
6. Pension and other benefits not assignableA pension payable in terms of this Act is not capable of being assigned or ceded or otherwise transferred or of being pledged or hypothecated nor is it liable to be attached or subjected to any form of execution under a judgment or order of court except for the purpose of satisfying -
7. InsolvencyIf the estate of a person entitled to a pension or other benefit in terms of this Act is sequestrated or surrendered the pension or other benefit, or the value thereof, does not form part of the assets of his or her insolvent estate.
8. Exemption from income taxThe amount of any pension or gratuity paid, and the value of any benefit provided, in terms of this Act is exempt from tax on income.
9. Amendment of Act No. 17 of 1990The Presidential Emoluments and Pensions Act, 1990 (Act No. 17 of 1990), is amended -
10. Short titleThis Act is called the Former Presidents’ Pension and Other Benefits Act, 2004
History of this document
18 December 2004 this version
01 December 2004
Cited documents 1
Documents citing this one 3
- Namibia Government Gazette dated 2012-12-21 number 5105
- Namibia Government Gazette dated 2017-03-10 number 6259