Republic of Namibia
7
Annotated Statutes
Posts and Telecommunications Companies Establishment Act 17 of 1992
company shall be entitled to conduct a telecommunications service, subject to the
Posts and Telecommunications Act, 1992.
(2) For the purposes of subsection (1), any State land of which the postal enterprise
and the telecommunications enterprise have the use immediately before the transfer date, shall
on that date, but subject to subsection (4), pass to the postal company or the telecommunications
company, as the case may be.
(3) Subject to subsection (4), any servitude, other real right or lease existing
immediately before the transfer date in favour of the State, the department or the PostmasterGeneral and which is exercised in favour of the postal enterprise or the telecommunications
enterprise shall on the transfer date pass to the postal company or the telecommunications
company, as the Minister shall determine.
(4) Notwithstanding the provisions of subsections (2) and (3) the Minister may
determine that any land referred to in subsection (2) or any servitude, other real right or lease
referred to in subsection (3), shall pass to the holding company which shall, by lease or
otherwise and on terms to be determined by it, make such land or the enjoyment of any right
pertaining to any such servitude, other real right or lease available to the postal company or
telecommunications company.
(5) Any land or any servitude, other real right or lease vesting in the holding company
by virtue of the provisions of subsection (4) may at any time be transferred by the holding
company to the postal company or the telecommunications company on such conditions as the
holding company may determine.
(6)
Minister -
The Registrar of Deeds shall on submission to him or her of a certificate by the
(a)
that State land or any servitude, other real right or lease has passed in terms of
subsection (2), (3), (4) or (5), free of charge, make such entries and endorsements
as he or she may deem necessary in or on any relevant register, title deed or other
document in his or her office or laid before him or her in order to effect the transfer
in the name of the company in question;
(b)
that a servitude exists over land which has passed in terms of subsection (2), (4) or
(5), make such entries and endorsements as he or she may deem necessary in or on
any relevant register, title deed or other document in his or her office or laid before
him or her in order to confirm the existence of the servitude in favour of any person
over land which has so passed.
(7) The value of the assets and liabilities of the enterprises transferred in terms of
subsection (1), including any assets or liabilities referred to in subsection (4), shall be
determined by the Minister with the concurrence of the Minister of Finance, and the net asset
value of those enterprises shall likewise be determined.
(8) For the purposes of the Income Tax Act, 1981 (Act 24 of 1981), or any other law in
terms of which a tax or levy may be imposed, it shall be deemed that expenses were actually
incurred by a successor company in acquiring the assets transferred to it in terms of subsection
(1) or (4) and that, notwithstanding the provisions of any other law, the expenses concerned,
including the cost of the assets, are equal to the value determined in terms of subsection (7).
(9) In all pending litigation, including arbitrations, to which the President of the
Republic of Namibia or the Government of the Republic of Namibia or the Minister is a party