Special Advisers and Regional Governors Appointment Act, 1990

This is the latest version of this Act.
Jurisdiction
Namibia
Citation
Act 6 of 1990
Date
24 November 2010
Language
English
Type
Legislation
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Special Advisers and Regional Governors Appointment Act, 1990

Act 6 of 1990

  1. [Amended by Regional Councils Act, 1992 (Act 22 of 1992) on 30 November 1992]
  2. [Amended by Special Advisers and Regional Governors Appointment Amendment Act, 2010 (Act 15 of 2010) on 24 November 2010]
ACTTo provide for the appointment of persons as Special Advisers to the Cabinet or Ministers; and of regional representatives; the powers, duties and functions of such persons; and matters connected therewith.BE IT ENACTED by the National Assembly of the Republic of Namibia, as follows:-

1. Appointment of Special Advisers

(1)The President may from time to time by proclamation in the Gazette appoint any person whom he deems fit, to hold office during the President’s pleasure, as Special Adviser to the President, the Cabinet or any Minister designated by the President.
(2)A Special Adviser appointed under subsection (1) shall -
(a)advise the President, the Cabinet or the Minister concerned, as the case may be, in relation to any matter which the President, the Cabinet or such Minister refers to him or her for investigation and advice or which such Special Adviser deems necessary;
(b)subject to the directions of the President, the Cabinet or the Minister concerned, as the case may be, perform such functions and duties as the President, the Cabinet or such Minister may entrust or assign to such Special Adviser.
(3)A Special Adviser may be invited to attend meetings of the Cabinet, but may not vote at such meetings.
(4)The conditions of service of a Special Adviser, including conditions as to remuneration and allowances, shall be determined by the President.

2. Regional governors

(1)The President must in respect of every region appoint a governor who shall hold office at the pleasure of the President.
(2)The President shall by proclamation give notice in the Gazette of the appointment of every regional governor
(3)The terms and conditions of employment of regional governors shall be as determined by the President.
(4)The functions of a regional governor shall be -
(a)to act as the representative of the central Government in the region concerned;
(b)to investigate and report on any matter relating to the region concerned if he or she has been requested to investigate that matter by the President or the Minister responsible for regional or local government;
(c)to keep himself or herself informed of all matters relating to the region concerned and to bring any matter to the attention of the President or the relevant Minister of he or she thinks that it is advisable;
(d)to settle or mediate any dispute or other matter that might arise in the region concerned, and
(e)generally, to act as a link between the central Government and the regional council, or any local or traditional authority in the region concerned.
(5)The President may in terms of section 1 appoint special advisers to assist the regional governor.
(6)The regional governor shall be assisted by such staff members in the Public Service in the Ministry responsible for the Regional Government as may be appointed for that purpose.[Section 2 is deleted by Act 22 of 1992 and inserted by Act 15 of 2010. The deletion of section 2 by section 45(1) of Act 22 of 1992 was effective as of 30 November 1992.
GN 117/1992, which brought Act 22 of 1992 into force, states that “the provisions of that Act shall come into operation on 31 August 1992, except the provisions of subsection (1) of section 45 thereof which shall come into operation on the date fixed in terms of Article 137(6) of the Namibian Constitution”.
Section 137(6) of the Namibian Constitution states:
“Elections for Regional Councils shall be held on a date to be fixed by the President by Proclamation, which shall be a date within one (1) month of the date of the elections referred to in Sub-Article (5) hereof, or within one (1) month of the date on which the legislation referred to in Article 106 (3) hereof has been enacted, whichever is the later: provided that the National Assembly may by resolution and for good cause extend the period within which such elections shall be held.”
Proc. 39/1992 (GG 502) fixed “30 November, 1 December, 2 December and 3 December 1992 as the dates for the holding of elections for Regional Councils”.]

3. Short title

This Act shall be called the Special Advisers and Regional Governors Appointment Act, 1990.[section 3 substituted by Act 15 of 2010]
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History of this document

24 November 2010 this version
30 November 1992
13 June 1990
Commenced
06 June 1990
Assented to

Cited documents 0

Documents citing this one 44

Gazette 37
1. Namibia Government Gazette dated 1990-06-13 number 31
2. Namibia Government Gazette dated 1990-09-14 number 75
3. Namibia Government Gazette dated 1992-08-31 number 469
4. Namibia Government Gazette dated 1994-02-28 number 813
5. Namibia Government Gazette dated 1997-12-24 number 1759
6. Namibia Government Gazette dated 2004-07-31 number 3253
7. Namibia Government Gazette dated 2005-05-18 number 3433
8. Namibia Government Gazette dated 2007-02-08 number 3785
9. Namibia Government Gazette dated 2007-08-31 number 3900
10. Namibia Government Gazette dated 2008-02-01 number 3983
11. Namibia Government Gazette dated 2008-04-01 number 4022
12. Namibia Government Gazette dated 2009-01-15 number 4197
13. Namibia Government Gazette dated 2009-12-15 number 4391
14. Namibia Government Gazette dated 2010-04-26 number 4468
15. Namibia Government Gazette dated 2010-11-24 number 4617
16. Namibia Government Gazette dated 2010-11-25 number 4618
17. Namibia Government Gazette dated 2011-02-01 number 4645
18. Namibia Government Gazette dated 2011-07-15 number 4757
19. Namibia Government Gazette dated 2012-06-01 number 4958
20. Namibia Government Gazette dated 2012-07-16 number 4996
21. Namibia Government Gazette dated 2012-09-03 number 5029
22. Namibia Government Gazette dated 2013-03-28 number 5160
23. Namibia Government Gazette dated 2013-05-15 number 5188
24. Namibia Government Gazette dated 2013-05-31 number 5210
25. Namibia Government Gazette dated 2013-08-15 number 5264
26. Namibia Government Gazette dated 2014-03-17 number 5428
27. Namibia Government Gazette dated 2014-10-08 number 5583
28. Namibia Government Gazette dated 2015-11-04 number 5869
29. Namibia Government Gazette dated 2017-06-15 number 6333
30. Namibia Government Gazette dated 2018-02-15 number 6527
31. Namibia Government Gazette dated 2018-11-15 number 6767
32. Namibia Government Gazette dated 2019-01-15 number 6824
33. Namibia Government Gazette dated 2019-04-01 number 6868
34. Namibia Government Gazette dated 2019-11-29 number 7069
35. Namibia Government Gazette dated 2020-10-01 number 7349
36. Namibia Government Gazette dated 2022-04-29 number 7799
37. Namibia Government Gazette dated 2022-05-13 number 7805
Judgment 3
1. S v Hanse-Himarwa (1) (CC 5 of 2018) [2019] NAHCMD 229 (8 July 2019) 3 citations
2. S v Hanse-Himarwa (3) (CC 5 of 2018) [2020] NAHCMD 124 (3 February 2020)
3. Seneviratne v President of Republic of Namibia and Another (APPEAL 49 of 2013) [2015] NAHCMD 14 (5 February 2015)
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