14
Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
(10)
The Board may decide to close the whole or part of any meeting or
hearing that in terms of subsection (9) must be open to the public, on the grounds that
such meeting or part of a meeting will relate to or disclose
(a)
matters that must be kept secret in the interest of national security;
(b)
matters relating to the internal personnel rules and practices of the
Authority;
(c)
trade secrets or commercial or financial information that is privileged
or confidential; or
(d)
information of a personal nature the disclosure of which would
constitute an unwarranted invasion of personal privacy.
(11)
In determining whether to close a meeting to the public the Board may
require a person requesting such action to demonstrate the reasons why such meeting
must be closed to the public in a meeting of the Board that is closed to the public.
(12)
The grounds for closing a meeting to the public must be recorded and
such recording must state the provision of this section authorising such closing.
(13)
Notwithstanding the provisions of subsection (5), a written resolution
not passed at a meeting of the Board but signed by all the members of the Board at that
time present in Namibia and sufficient to constitute a quorum is as valid and effectual as
if it had been passed at a meeting of the Board duly convened and constituted, and such
resolution must be recorded in the minutes of the next ensuing meeting of the Board.
Committees of the Board
16.
(1)
(a)
advise the Board in the exercise of its powers and performance of its
duties;
(b)
perform any function that the Board may delegate to such committee.
The Board may from time to time establish a committee to –
(2)
A committee established under subsection (1) must consist of at least
one member and such other person or persons as the Board may determine, and such
committee may, with the approval of the Board, co-opt persons of special expertise to
advise it in the performance of its functions, but such co-opted person is not entitled to
vote at any such meeting.
(3)
committee.
The Board must designate a member as chairperson of each
Disclosure of interests
17.
(1)
A member or committee member who has a direct or indirect
interest in any matter pending before the Board or which is likely to conflict with any
matter that may be regulated by the Authority, must as soon as possible after the relevant
facts have come to his or her knowledge, in writing disclose the nature of his or her
interest in a meeting of the Board or of a committee, as the case may be.