Republic of Namibia
8
Annotated Statutes
Posts and Telecommunications Companies Establishment Act 17 of 1992
and which pertain to the postal enterprise or the telecommunications enterprise, the President or
the Government or the Minister, as the case may be, shall, with effect from the transfer date, be
substituted as the party to the suit (a)
by the postal company in the case of litigation pertaining to the postal enterprise;
(b)
by the telecommunications company in the case of litigation pertaining to the
telecommunications enterprise.
(10) The postal company or telecommunications company, as the case may be, may
apply for the registration of any registerable right relating to intellectual property or inventions
(including the registration of patentable inventions as patents) transferred to it by the State in
terms of this section.
(11) The Registrar of Trade Marks shall make such entries, notes and endorsements as
he or she may deem necessary in or on any relevant register, certificate or other document in his
or her office or submitted to him or her so as to effect the transfer of trade marks to the postal
company or the telecommunications company in terms of this section, and may request the
successor company concerned to submit or produce to him or her any information or document
that he or she may deem necessary for such purpose.
(12) If any doubt arises as to whether anything for the purposes of this Act pertains to or
is connected with the postal enterprise, the telecommunications enterprise, the department or
anyone else, the decision of the Minister shall be final.
(13) (a) The postal company and the telecommunications company may each
establish subsidiary companies of which the successor company shall be the sole
member and shareholder and shall allow the assignments, substitutions and
transfers contemplated in this section to be made to such subsidiary.
(b)
The provisions of this Act applicable to such successor company, shall apply
mutatis mutandis to any subsidiary of it.
(14) No stamp duty, transfer duty or any other tax or levy shall be payable in respect of
the transfer of the postal enterprise or the telecommunications enterprise in terms of this section,
nor in respect of any transfer effected in pursuance of subsection (4) or (5).
(15) Any employee of a successor company shall be deemed to be an officer in the
service of the State for the purposes of section 17 of the Crown Land Disposal Ordinance, 1903
(Ordinance 57 of 1903 of the Transvaal), as applied to Namibia by the Crown Land Disposal
Proclamation, 1920 (Proclamation 13 of 1920), and section 19 of the Expropriation Ordinance,
1978 (Ordinance 13 of 1978).
Shareholding in successor companies
5.
(1)
case may be-
As a consideration for the transfer contemplated in section 4(1) or (4), as the
(a)
the postal company and telecommunications company shall, in addition to the share
referred to in section 2(8)(a), issue such number of shares in those companies to the
holding company;
(b)
the holding company shall, in addition to the share referred to in section 2(8)(b),
issue such number of shares in that company to the State,