“With effect from the date on which any Act referred to in subsection (1) becomes applicable in the said territory in terms of a proclamation issued under that subsection, the corresponding Act which under section 45(1) of the Pension Laws Amendment Act, 1965 (Act No. 102 of 1965), was declared to be applicable in the said territory, shall cease to be applicable therein: Provided that anything done in terms of the relevant corresponding Act and which could be done in terms of the relevant Act referred to in subsection (1) which becomes applicable in the territory on the said date, shall be deemed to have been done in terms of the last-mentioned Act.”
(The corresponding Act cited in section 45(1) of the Pension Laws Amendment Act 102 of 1965 (RSA GG 1171) was the Old Age Pensions Act 38 of 1962 (RSA GG 231).)
Pursuant to this authority, RSA Proc. R.293/1968 (RSA GG 2182) provided that the provisions of the Act were brought into force on 1 October 1968 “in the Territory of South-West Africa, including the Eastern Caprivi Zipfel, in respect of Natives, as defined in section 25 of the Native Administration Proclamation, 1928 (Proclamation No. 15 of 1928), of the said Territory, in so far as those provisions relate to Bantu”.
The Act was brought into force generally in South West Africa only when the amendments made by Act 14 of 1971 came into force on 1 January 1972. Section 21A (inserted by Act 14 of 1971) states “This Act and any amendment thereof shall, save in so far as it has already been declared to be applicable in the territory in terms of section 16(1) of the Pension Laws Amendment Act, 1968 (Act No. 79 of 1968), also apply in the territory, including the Eastern Caprivi Zipfel.” Section 1 (as inserted by Act 14 of 1971) also defines “Republic” to include “the territory”, which is defined as “the territory of South-West Africa”.
TRANSFER TO SOUTH WEST AFRICA: Section 21 of the Act gives the State President the power to assign the administration of the Act to one or more Ministers and to vary this assignment from time to time. (See RSA Proc. No. R.283/1968 (RSA GG 2176), as amended by RSA Proc. R.154/1985 (RSA GG 9917) and RSA Proc. R. 270/1971 (RSA GG 3327), repealed by RSA Proc. 219/1973 (RSA GG 4030).) Therefore it is not clear which transfer proclamation, if any, was applicable. However, the issue of transfer is not relevant to the content of the Act since there were no amendments to the Act in South Africa after 1976 (the date of the earliest transfer proclamation) and prior to Namibian independence.]ACTTo provide for the protection and welfare of certain aged and debilitated persons, for the care of their interests, for the establishment and registration of certain institutions, for the accommodation and care of such persons in such institutions, for the payment of old age pensions and certain allowances to or in respect of certain aged persons, and for matters incidental thereto.(English text signed by the Acting State President)
2. Establishment and maintenance of homes for the aged, payment of subsidies to homes for the aged and certain clubs, service centres and welfare organizations, and payment of old age pensions and certain allowances
3. Prohibition on management of unregistered homes for the aged, and registration of such homes
5. Procedure for bringing a person who accommodates or cares for an aged or debilitated person before a magistrate
6. Enquiry into accommodation or care of aged or debilitated person
7. Persons entitled to old age pension
8. District pension officers
9. Powers of Secretary and district pension officer as to the gathering of evidence
10. Application for a pension and decision thereon
11. Suspension and administration or pensions
12. Repayment or overpayments
13. Appeal to the Minister
14. Pensions not assignable or executable
15. False statements and improper receipt of pensions
16. Exemption from stamp duty
17. Information to be furnished to the Secretary
18. Delegation of powers
21. Administration of Act
21A. Application of Act in the territory
22. Repeal of laws
6. “Repeal of Ordinance 2 of 1965 of the territory of South-West Africa in certain respects
(1) Subject to subsection (2), the Social Pensions Ordinance, 1965 (Ordinance No, 2 of 1965), of the territory of South-West Africa is hereby repealed in so far as it relates to old age pensions and matters incidental thereto.
(2) Anything done in terms of the ordinance repealed by subsection (1), which could be done in terms of any provision of the principal Act [Act 81 of 1967], shall be deemed to have been done in terms of the corresponding provisions of that Act.
(3) For the purposes of subsection (2) any person who immediately prior to the commencement of this Act received a pension or allowance under the ordinance repealed by this Act, shall be deemed at the time of making application for such pension or allowance to have satisfied the residential requirements referred to in section 7 of the principal Act.”]