Related documents
Veterans Act, 2008
Act 2 of 2008
- Published in Government Gazette 4051 on 22 May 2008
- Assented to on 30 April 2008
- There are multiple commencements
- [This is the version of this document from 15 March 2023 and includes any amendments published up to 29 November 2024.]
Provisions | Status |
---|---|
Part IV (section 14–26) | commenced on 23 June 2008 by Government Notice 156 of 2008. |
Part I (section 1); Part II (section 2–3); Part III (section 4–13); Part V, section 27–36, section 38–39; Part VI (section 40–43); Part VII (section 44–48) | commenced on 8 July 2008 by Government Notice 167 of 2008. |
Part V, section 37A | commenced on 7 May 2013 by Act 3 of 2013. |
Part V, section 37 | not yet commenced. |
- [Amended by Veterans Amendment Act, 2013 (Act 3 of 2013) on 7 May 2013]
- [Amended by Abolition of Payment by Cheque Act, 2022 (Act 16 of 2022) on 15 March 2023]
Part I – PRELIMINARY
1. Definitions
In this Act, unless the context otherwise indicates -“Appeal Board” means the Appeal Board established by section 41;“applicant” means -(a)in relation to an application for registration as a veteran or dependant of a living or deceased veteran, any person who applies for such registration;(b)in relation to any application for the grant of financial assistance or funding from the Fund, any registered veteran or dependant of a veteran who applies for such assistance or funding;“assistance” means any payment, subvention, grant or assistance rendered out of the Fund to a veteran or dependant of a veteran in terms of section 32;“Board” means the Veterans Board established by section 14;“child”, in relation to a veteran, means a person aged below 18 years -(a)who is a biological child of such veteran;(b)who is a step-child of such veteran;(c)who is a legally adopted child of such veteran; or(d)who is a posthumous child of such veteran;“deceased veteran” means any veteran who, of whatever cause, died during the war or after the war irrespective of whether the death took place before or after the commencement of this Act;“dependant”, in relation to a veteran, means -(a)any child of such veteran;(b)any widow or widower of such veteran;(c)a person, other than a person included in paragraph (a), in respect of whom such veteran is, or was at the time of his or her death, legally liable for maintenance; or(d)a person in respect of whom such veteran is, or was at the time of his or her death, not legally liable for maintenance, if, in the opinion of the Board, such person is, or was at the time of death of a veteran, in fact dependant on such veteran for maintenance;“dependant of a veteran” means a dependant of a deceased veteran;“Fund” means the Veterans Fund established by section 4;“liberation struggle” means the political, diplomatic, military or under-ground struggle waged against colonialism, racism and apartheid which struggle was waged in Namibia and other countries and resulted in the attainment of the independence of Namibia on 21 March 1990;“member of the liberation forces” means any person who underwent military training and participated consistently and persistently in the war in order to bring about the independence of Namibia: Provided that a person is deemed to have consistently and persistently participated in the war of liberation notwithstanding that he or she was reallocated to other liberation struggle functions or duties;“Minister” means the Minister responsible for veterans affairs;“Ministry” means the Ministry responsible for veterans affairs;“once-off gratuity” means the once-off lump sum payable under this Act to a veteran;[definition of “once-off gratuity” inserted by Act 3 of 2013]“Permanent Secretary” means the Permanent Secretary of the Ministry;“prescribed” means prescribed by regulation made under section 46;”Pretoria trial” means the trial which took place in Pretoria, Republic of South Africa, of persons who took part in the liberation struggle and who were captured or detained or held before or after the Omugulugwombashe battle of 26 August, 1966;[definition of “Pretoria trial” inserted by Act 3 of 2013]“project” means any project referred to in section 35;“registered dependant” means any person who has been registered as a dependant of a living or deceased veteran under section 28;“registered veteran” means any person registered as a veteran under section 28;“Secretary” means the Secretary to the Board referred to in section 25;“this Act” includes regulation made under section 46;“token of appreciation” means a recognition in monetary or material form for a person’s participation in the liberation struggle;[definition of “token of appreciaion” inserted by Act 3 of 2013]“veteran” means any of the persons described in section 27(2) or (3);[definition of “veteran” substituted by Act 3 of 2013]“war” means the armed struggle waged in Namibia and other countries by the liberation forces against the colonial forces, and which struggle resulted in the attainment of the independence of Namibia on 21 March 1990.Part II – VETERANS AFFAIRS
2. Responsibilities of Minister
3. War memorial sites and honours
Part III – VETERANS FUND
4. Establishment of Fund
5. Object of Fund
The object of the Fund is to provide assistance in terms of this Act or any other law to veterans or dependants of veterans or payment for projects beneficial to veterans or dependants of veterans in accordance with the provisions of this Act or any other law.6. Application of Fund
7. Management of Fund
8. Banking accounts
9. Investment of balances
Any money outstanding to the credit of the Fund and that is not immediately required for expenditure by the Fund may, subject to section 27 of the State-owned Enterprises Governance Act, 2006 (Act No. 2 of 2006), be invested by the Board.[The State-owned Enterprises Governance Act 2 of 2006 was re-named the Public Enterprises Governance Act 2 of 2006 by Act 8 of 2015 (GG 5835).]10. Financial year of Fund
The financial year of the Fund commences on 1 April and ends on 31 March in each year.11. Accounts and audit of Fund
12. Annual statements
13. Exemption from certain taxes, duties and levies
Notwithstanding anything to the contrary in any law -Part IV – VETERANS BOARD
14. Establishment of Veterans Board
There is established a board to be known as the Veterans Board whose main object is the administration of the Fund.15. Composition of Board
16. Tenure and vacation of office of members of Board
17. Filling of casual vacancies on Board
A casual vacancy on the Board caused by death, resignation or removal from or vacation of office of any member of the Board may, with due regard to provisions of section 15, be filled for the un-expired portion of the period of office of the member who has died or resigned or been removed from office or vacated his or her office, as the case may be.18. Remuneration
Members of the Board, and members of a committee who are not members of the Board are, subject to section 22(2) of the State-owned Enterprises Governance Act, 2006 (Act No. 2 of 2006), entitled to be paid such remuneration and allowances or other benefits as the Minister with the concurrence of the Minister responsible for finance may, subject to section 22(1) of that Act, determine.[The State-owned Enterprises Governance Act 2 of 2006 was re-named the Public Enterprises Governance Act 2 of 2006 by Act 8 of 2015 (GG 5835).]19. Conduct of members and disclosure of interest
20. Meetings and decisions of the Board
21. Committees of Board
22. Powers, duties and functions of the Board
23. Board may conduct inquiry
24. Board may request for information
Notwithstanding anything to the contrary contained in any law, the Registrar of Births and Deaths, the Registrar of Companies, the Registrar of Deeds or any other staff member as defined in the Public Service Act, 1995 (Act No. 13 of 1995), must, at the written request of the Board, furnish the Board with such information relating to an applicant as the Board may reasonably require.25. Secretariat to Board
26. Limitation of liability
No liability attaches to the Fund, or, any member of the Board, any member of a committee of the Board, any staff member of the Ministry or any other person in respect of anything done or omitted to be done in the bona fide performance of any function or duty in terms of this Act.Part V – REGISTRATION OF VETERANS AND DEPENDANTS OF LIVING OR DECEASED VETERANS AND PROVISION OF ASSISTANCE AND OTHER BENEFITS
27. Qualifications for registration as veteran or dependant of living or deceased veteran
28. Registration of veterans and dependants of living or deceased veterans
29. Registered veterans entitled to assistance from Fund
30. Registered dependants of veterans entitled to assistance from Fund
31. Application for assistance from Fund
32. Payment of assistance from Fund
33. Assistance not assignable or executable
34. Repayment of assistance
35. Establishment of projects
36. Funding of projects
37. Once-off gratuity and token of appreciation
37A. Payments of once-off gratuity or token of appreciation on death
38. Exemption from stamp duty
No stamp is payable in respect of any power of attorney given by -[The word “duty” has been omitted after “stamp”.]39. Offences and penalties
Any person who -Part VI – VETERANS APPEAL BOARD
40. Right of appeal
41. Establishment of Appeal Board
42. Functions of the Appeal Board
43. Appeals to the High Court
A person aggrieved by a decision of the Appeal Board may in the prescribed form and manner appeal against that decision to the High Court.Part VII – GENERAL PROVISIONS
44. Recognition of veterans association
45. Delegation of powers and assignment of duties
46. Regulations
47. Repeal of laws and savings
48. Short title and commencement
History of this document
15 March 2023 this version
Amended by
Abolition of Payment by Cheque Act, 2022
07 May 2013
Amended by
Veterans Amendment Act, 2013
Read this version
08 July 2008
Commenced by
Commencement of the Veterans Act, 2008
23 June 2008
Commenced by
Commencement of Part IV of the Veterans Act, 2008
22 May 2008
30 April 2008
Assented to
Cited documents 4
Act 4
1. | Public Service Act, 1995 | 308 citations |
2. | Banking Institutions Act, 1998 | 224 citations |
3. | Public Enterprises Governance Act, 2006 | 93 citations |
4. | National Heritage Act, 2004 | 40 citations |
Documents citing this one 35
Gazette 17
Judgment 12
Act 3
1. | Public Enterprises Governance Act, 2006 | 93 citations |
2. | Conferment of National Honours Act, 2012 | 63 citations |
3. | Abolition of Payment by Cheque Act, 2022 | 2 citations |
Government Notice 3
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Regulations relating to Appeals to Veterans Appeal Board and the High Court, 2011 | Government Notice 45 of 2011 | 15 November 2017 |
Regulations relating to Registration and Benefits of Veterans and Dependants of Veterans, 2008 | Government Notice 168 of 2008 | 15 November 2017 |