Veterans Act, 2008
Regulations relating to Appeals to Veterans Appeal Board and the High Court, 2011
Government Notice 45 of 2011
- Published in Government Gazette 4693 on 18 April 2011
- Commenced on 18 April 2011
- [This is the version of this document at 15 November 2017.]
- [Note: The version of this legislation as at 15 November 2017 was revised and consolidated by the Legal Assistance Centre and the Government of the Republic of Namibia. All subsequent amendments have been researched and applied by Laws.Africa for NamibLII.]
1. DefinitionsIn these regulations any word or expression to which a meaning has been given in the Act bears that meaning and, unless the context otherwise indicates-“Appeal Board” means the Veteran Appeal Board established under section 41(1) of the Act;“clerk” means the clerk of the Appeal Board appointed under regulation 2;“deliver” means serving of copies of the notice of appeal, process or other document required to be served in terms of these regulations, on all parties and filing the original copy with the clerk of the Appeal Board;“legal practitioner” means a legal practitioner as defined in section 1 of the Legal Practitioners Act, 1995 (Act No. 15 of 1995) and includes a candidate legal practitioner as defined in that section;“messenger” means a person appointed as such under regulation 3 or where appropriate, the messenger of the magistrates court authorised to serve process in terms of the rules of the court;“party” and any reference to an appellant or a respondent or other litigant, includes his or her legal representative, as the context may require;“process” means the process of the Appeal Board;“rules of court” means the rules of the magistrates court promulgated in RSA GN R1108 of 21 June 1968;“presiding officer”, means the magistrate presiding at the appeal hearing; and“the Act” means the Veterans Act, 2008 (Act No. 2 of 2008).
2. Clerk of Appeal BoardThe Permanent Secretary-
3. MessengerThe Permanent Secretary must designate one or more staff members of the Ministry as messenger of the Appeal Board entrusted with serving any process required to be served under these regulations.
4. Service of process
5. Signing and filing of documents
6. Legal representation
7. Institution of appeal proceedingsProceedings for the institution of an appeal against a decision or order of the Board to the Appeal Board must be instituted by way of a notice of appeal set out in Form AB 1 which notice must be duly signed by the appellant and filed with the clerk.
8. Notice of appeal
9. Response to notice of appeal
10. Failure to respond
11. Intervention by third parties
12. Amendment of appeal documents
13. Extension of time and condonation
15. Securing attendance of witnesses before Board or Appeal Board
16. Setting down of appeal
17. Notice of hearing of appealThe appellant or the respondent, as the case may be, must, at least 15 days before the hearing of the appeal, give notice of date of hearing of an appeal to the other party and the time and place of the hearing must be mentioned in the notice.
18. Incapacity of member of Appeal BoardWhere by reason of absence or incapacity the presiding officer or a person appointed as a member of the Appeal Board is unable to perform the functions of his or her office, or whenever such office becomes vacant, the Minister responsible for justice or the Minister may assign another magistrate or person, as the case may be, to act in the place of the absent or incapacitated magistrate or person during such absence or incapacity or to act in the vacant office until the vacancy is filled.
19. Oath office by members of Appeal BoardThe presiding officer or person appointed to the Appeal Board must, before commencing with his or her functions take an oath or make an affirmation before a magistrate, subscribed by him or her, in the form set out below:I, ________________________________(full name) do hereby swear/solemnly affirm and declare that in my capacity as a member of the Veterans Appeal Board I will fearlessly administer the affairs of the Veterans Appeal Board in justice and fairness to all persons without favour or prejudice and in accordance with the law of Namibia. (in case of an oath) So help me God.____________________Signature of deponent____________________Magistrate
20. Hearing and procedures thereof
22. Application of rules of courtWhere these regulations do not make provision for the procedure to be followed in any matter before the Appeal Board, the rules of court in so far as they apply to civil proceedings in the magistrates courts, do apply to proceedings before the Appeal Board with such qualifications, modifications and adaptations as may be necessary.
23. Appeals to the High Court
24. CostsDespite any other law to the contrary, the Appeal Board or any court of law hearing any matter regarding the Act or these regulations may not make an order for costs in favour of or against any party prosecuting or defending an appeal under the Act or these regulations unless that party has acted in a frivolous or vexatious manner by instituting, proceeding with or defending the appeal.
History of this document
15 November 2017 this version
18 April 2011