Republic of Namibia
20
Annotated Statutes
Namibian Broadcasting Act 9 of 1991
(a)
contravenes or fails to comply with any provision of section 16;
(b)
contravenes or fails to comply with a condition of a television licence;
(c)
uses a television set in contravention of a permit issued under the provisions of
section 17;
(d)
fails or refuses to produce any television licence issued to him or her on demand by
any person authorised thereto under section 18;
(e)
obstructs or hinders any person authorised under section 18 in the exercise of his or
her powers under that section;
(f)
contravenes or fails to comply with any provision of a regulation made in
compliance with this Act;
(g)
after having been required by notice in terms of section 22 to appear before the
Auditor-General or designated person referred to in that section and after an
amount of reasonable expenses was paid or tendered to him or her, fails, without
reasonable excuse, to appear before the Auditor-General or such designated person
at the time and place specified in the notice or, when so appearing, refuses or fails,
without reasonable excuse, to take the oath or affirmation or to reply to the best of
his or her ability to relevant questions put to him or her or to produce to the
Auditor-General or such designated person any book or document in his or her
possession or control and indicated in the notice,
shall be guilty of an offence and liable on conviction to a fine not exceeding R2 000 or, in
default of payment, to imprisonment for a period not exceeding 6 months, and the court
convicting him or her may, in addition to any penalty that it may impose, order (i)
the confiscation to the State of any television set in connection with or by
means of which the offence was committed;
(ii)
the payment of all arrear licence fees and any amounts incurred as a penalty
in terms of section 16.
(2) Any order made under paragraph (ii) of sub- section (1) shall have the same effect
as, and may be executed as if it were, a civil judgement in favour of the Corporation.
(3)
If in any prosecution for a contravention of any provision of -
(a)
paragraph (a) of subsection (1), it is proved that the accused had a television set in
his or her possession at any time or that he or she was the occupier of any premises
on which a television set was found at any time, he or she shall be presumed,
unless the contrary is proved, to have used such television set, while it was in his or
her possession or in or on those premises, for the reception of broadcasts in a
broadcasting service;
(b)
paragraph (c) of subsection (1), it is proved that the seal of a television set that has
been sealed in accordance with the provisions of section 17 has been broken, it
shall be presumed, unless the contrary is proved, that such television set has been
used, for the purposes of receiving anything broadcast in a broadcasting service, by
the person to whom the permit in respect of that television set has been issued.