Republic of Namibia
17
Annotated Statutes
Namibian Broadcasting Act 9 of 1991
(b)
whether or not (i)
the amounts to be paid into the general fund and the depreciation fund have
been so paid;
(ii)
all his or her requirements and recommendations as auditor have been
complied with and carried out.
Expropriation of land by Corporation
23. (1) Notwithstanding anything to the contrary contained in any law, the
Corporation may, with the approval in writing of the Minister previously obtained in every
particular case and subject to such conditions as may be determined by him or her and to the
obligation to pay just compensation, expropriate in accordance with the provisions of sections 5
to 19 of the Expropriation Ordinance, 1978 (Ordinance 13 of 1978), any immovable property,
including any right in or over immovable property or so take the right to use temporarily any
immovable property required (a)
for the erection of broadcasting stations or any installations and facilities in
connection therewith, including buildings, masts, power generators and other
accessories and enclosures;
(b)
for an access road to such stations or installations, or for a wayleave for the
construction and use of any such road or the erection, maintenance or inspection of
power or program lines.
(2) The Minister shall not grant the approval referred to in subsection (1) unless he or
she is satisfied, after considering a report by the board, that the Corporation is unable to acquire
the immovable property or right in question upon reasonable terms by agreement with the
owner, and that it is necessary that such immovable property or right be acquired by the
Corporation for a purpose contemplated in subsection (1).
(3) For the purposes of subsection (1) a reference in the relevant provisions of the said
Expropriation Ordinance, 1978, to the Cabinet, the Minister, the Administration or to the State,
shall be construed as a reference to the Corporation.
Exemptions
24.
(1)
Notwithstanding anything to the contrary contained in any law -
(a)
the income of the Corporation shall be exempt from income tax;
(b)
no transfer duty, office fee or other moneys shall be payable in respect of the
acquisition of immovable property by the Corporation;
(c)
no stamp duty shall be payable in respect of any document if the stamp duty
thereon would according to law be payable and have to be borne by the
Corporation, and no stamp duty shall be payable in respect of the registration of the
transfer of marketable securities issued by the Corporation.
(2) The provisions of section 8(1)(a), (d) and (e) and sections 9(3) and 10 of the
Publications Act, 1974 (Act 42 of 1974), shall not apply in relation to any publication or object
produced, possessed or imported by the Corporation.
Reports by Corporation to be submitted to National Assembly