Namibian Laws of 2011

Name	Act No	Date Ascented:	Date Gazetted:	Gazett-Nr:	Description	Act - pdf format
Statistics Act	Act-No: 9 of 2011	02.08.2011	18.08.2011	4777	To provide for the development of the National Statistics System and provide for its components and objectives; to establish the Namibia Statistics Agency and the Board of the Namibia Statistics Agency and provide for their powers and functions; to establish the National Spatial Data Infrastructure and provide for its objectives, to establish the Committee for Spatial Data and provide for its functions; and to provide for incidental matters.	( 302 kb)
Employment Service Act	Act-No: 8 of 2011	14.07.2011	29.07.2011	4764	To provide for the establishment of the National Employment Service; to impose reporting and other obligations on certain employers and institutions; to provide for the licensure and regulation of private employment agencies; and to deal with matters incidental thereto.	( 204 kb)
Income Tax Second Amendment Act	Act-No: 7 of 2011	29.06.2011	14.07.2011	4755	To amend the Income Tax Act, 1981, so as to provide for the registration of a retirement annuity fund under the Pension Funds Act as a further requirement for approval of such fund by the Minister in respect of any year of assessment; and to provide for incidental matters.	( 161 kb)
Inspection of Financial Institution Amendment Act	Act-No: 6 of 2011	26.06.2011	13.07.2011	4753	To amend the Inspection of Financial Institutions Act, 1984, so as to empower the registrar to inspect a person, partnership or company not registered as a financial institution, upon reasonable suspicion, to establish whether or not the business of a financial institution is being carried on; and to provide for incidental matters.	( 159 kb)
Pension Funds Amendment Act	Act-No: 5 of 2011	31.05.2011	14.06.2011	4735	To amend the Pension Funds Act, 1956, so as to empower the Minister to make regulations prescribing the minimum or maximum amount or both the minimum and maximum amounts which a pension fund may invest in or outside Namibia or in particular assets or in particular kinds or categories of assets whether in Namibia or elsewhere, prescribing a framework for the investment of pension fund assets in unlisted investments, authorizing the registrar to grant conditional exemption from certain provisions, and prescribing administrative penalties for contravention or failure to comply with certain regulations; and to provide for incidental matters.	( 168 kb)
Appropriation Act	Act-No: 4 of 2011	31.05.2011	10.06.2011	4733	To appropriate amounts of money to meet the financial requirements of the State during the financial year ending 31 March 2012.	( 171 kb)
Income Tax Amendment Act	Act-No: 3 of 2011	24.05.2011	10.06.2011	4732	To amend the Income Tax Act, 1981, so as to amend the definitions of “person”, “pension”, “preservation fund” and “retirement annuity fund”; to increase the amount which may be commuted for a single tax free payment; to increase the exemption from tax on a lump sum derived on retirement or retrenchment; to delete allowable deductions to mining companies in respect of rehabilitation expenditure; to provide for the administration of withholding tax on interest; to increase the threshold on income tax payable by individuals; to reduce the tax rate payable by non-mining companies; and to provide for incidental matters.	( 159 kb)
Long-term Insurance Act	Act-No: 2 of 2011	24.05.2011	20.06.2011	4731	To amend the Long-term Insurance Act, 1998, so as to empower the Minister to make regulations prescribing the minimum or maximum amount or both the minimum and maximum amounts which a registered insurer or reinsurer may invest in or outside Namibia; authorizing the registrar to grant conditional exemption from certain provisions; and to provide for incidental matters.	( 159 kb)
Animal Health Act	Act-No: 1 of 2011	03.04.2011	20.04.2011	4694	To provide for the prevention, detection and control of animal disease; to provide for the maintenance and improvement of animal health; and to provide for incidental matters.	( 273 kb)

Dyslexic - telling the truth hurts

I start with me. I am Dyslexic

Dyslexia is a very broad term defining a learning disability that impairs a person's fluency or comprehension accuracy in being able to read,[1] and which can manifest itself as a difficulty with phonological awareness, phonological decoding, processing speed, orthographic coding, auditory short-term memory, language skills/verbal comprehension, and/or rapid naming

Transunion ITC has no legal framework

While doing research, I came across the website of these submissions by students at UNAM,  (http://wwwisis.unam.na/theses). Among the papers I discovered a paper entitled “Consumer Protection And The Legality Of Itc. A Compartative Study Between Namibia, South Africa” presented by N. Boonzaaier (Student Number 200645838) with his supervisor being K. Kangueehi.

Boonzaaier in his abstract states… “Credit sales are a common occurrence and originated before the Roman era. As time passed, especially after the industrial revolution of the 19th century (which made available consumer goods on a large scale), an increasing number of contracts of purchase and sale were concluded in terms of which payment of the purchase price would take place at a later date or over a period of time in the future. It is an incontestable fact that some ‘purchases on credit’ constitute a risk. Not only for the credit grantor, but even more so for the consumer.

.

It is common knowledge that the use of consumer credit enables individuals to enjoy the services of consumer durable goods sooner than they otherwise and in a period of inflation offers them a real prospect of acquiring them more cheaply. Consumers in general are able to obtain a more satisfying ‘basket’ of goods and services with the same income. Thus consumer credit may be said to enhance consumer satisfaction. Furthermore some individuals who lack the self-discipline to save up for the purchase of a durable consumer good but are nevertheless unlikely to break their contract with a creditor are able to buy a durable consumer good which might otherwise never be theirs.

He then goes on to explore the rights of consumers, why consumer protection is needed, and the right to privacy of consumers in congruency to section 28, Article 13 of the Namibian Constitution and the provisions of the Bill of rights.

At the end of the paper he makes the following recommendations “…I concede that currently in Namibia there is no procedure in place that regulates ITC, this makes it seem like the Transunion has no legal standing in our law. It has, however, become necessary for Namibia to reform their consumer legislation and consumer protection laws, and put in place as the South Africans procedural guidelines to follow in instances of extreme default where blacklisting would be justified, because if we should declare ITC illegal, credit grantors would in actual fact have no remedy against a defaulting consumer, and this would render an imbalance of rights.”

The Ministry of Finance has promised legislation on credit bureaus and how they manage our data. Until such time, I have to strongly urge the Minister, Bank of Namibia and Namfisa work out a solution to fix this problem. Since 1999 a proposal has been made such a credit bureau would actually fit well into our Cooperatives Act without much being done in addition. This would make the cooperatives operations governed by a set of by-laws, as well as ensure ownership by the business that share this information with each other. Of course, this would also mean that Transunion would only be allowed to own a maximum of 20% in the cooperative. A rather neat way of getting Namibian ownership of a strategic resource (personal information) without using black economic empowerment or other such tools.

 In the meantime, perhaps we can consider some kind of grandfather clause to allow their operations to continue until a new law is in place.

There is another issue though that I wish to ponder:

In addition to providing credit reports to credit grantors, they also supply potential employers and some of the high unemployment can be put squarely on the shoulders of the credit bureau. After all no employer wishes to employ a person listed on the “blacklist” so many qualified people are now outside of possible employment. I argue that is, if not unconstitutional, then against the labour law, as you may not discriminate on grounds of the person’s economic status.

Shelf Labelling versus Unit Prices

In last month’s Consumer News Namibia Magazine, I wrote about the unit pricing on shelves. This refers to the practice of indicating the prices per unit (kilogramme, litre, single product in bilk packs, etc.) I had a chance to travel around Namibia during the past few weeks I was fortunate to travel around the country taking tourists to places such as Swakopmund, Walvis Bay and Okahandja. While visiting the towns I took the opportunity to visit the most common shopping places. I noticed with some joy that there are a few shops who already label their products for the convenience of the consumer. I must commend Shoprite on having almost all their products labelled with the unit price clearly indicated, while Pick & Pay has around half of their products labelled – it is perhaps just laziness at the IT department to fill in all the fields correctly in their central system as the labels already have place to indicate the unit price?  In my cursory examination at OK and Fruit and Veg, I did not find any of the products with unit prices indicated.

This was rather strange as these South African stores have the regulations and laws in South Africa, but clearly do not yet bother with our Namibian consumers till they have a law to force them. In addition, the Namibian chain store, Woermann & Brock, did not have unit pricing and I hope they consider changing this soon.  After all as a Namibian owned chain store they have moved into South Africa where I am sure they obey the South African rules.

After reading my article quite a few people contacted me about shelf pricing they see when they pick up the product and put into their basket – but find to their horror there is another price in the “computer systems” and the cashier can do nothing about it.

Whooa – as Al Pacino would say. That is not problem as a consumer. The store cannot make their problem yours. They are responsible for correctly pricing the goods on the shelves if they do not wish to price each product individually.

I had some difficulty finding the applicable laws governing commercial transactions before Independence – as these laws are still applicable until repealed by the Parliament in a Namibia Consumer Act. But, when I search through the training manuals of the Namibian Police’s Commercial Branch and found the following list (as of the day of Independence) that were applicable still in Namibia:

·         Merchandise Marks Act, 1941 (Act No. 17 of 1941),

·         Business Names Act, 1960 (Act No. 27 of 1960),

·         Price Control Act, 1964 (Act No.25 of 1964),

·         Sales and Service Matters Act, 1964 (Act No. 25 of 1964),

·         Trade Practices Act, 1976 (Act No. 76 of 1976)

This is a very interesting fact. Thus our police are able to interfere in consumer versus business matters – also on the side of the consumer. Next time this happens to you, offer to call the police unless they offer you the product at the shelf indicated price. Yes, they may even end up in jail if they do not comply.

I wonder how long before our business community will now take to also push for the creation of a Consumer Protection Act that clearly stipulates their responsibilities in the new day and age.