Tender Board of Namibia Act, 1996

Repealed
This Act was repealed on 2017-04-01 by Public Procurement Act, 2015.
This is the version of this Act as it was when it was repealed.
Jurisdiction
Namibia
Citation
Act 16 of 1996
Date
18 November 1998
Language
English
Type
Legislation
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Coat of Arms

Tender Board of Namibia Act, 1996

Act 16 of 1996

  1. [Amended by Namibia Central Intelligence Service Act, 1997 (Act 10 of 1997) on 5 June 1998]
  2. [Amended by Affirmative Action (Employment) Act, 1998 (Act 29 of 1998) on 18 November 1998]
  3. [Repealed by Public Procurement Act, 2015 (Act 15 of 2015) on 1 April 2017]
ACTTo regulate the procurement of goods and services for, the letting or hiring of anything or the acquisition or granting of rights for or on behalf of, and the disposal of property of, the Government; toestablish the Tender Board of Namibia and to define its functions; and to provide for incidental matters.BE IT ENACTED by the Parliament of the Republic of Namibia, as follows:-

1. Definitions

In this Act, unless the context otherwise indicates -“administrative head” means the permanent secretary of any office, ministry or agency;“agency” means an agency as defined in section 1(1) of the Public Service Act;“agreement” means an agreement concluded under section 7(1)(a);“Board” means the Tender Board of Namibia established by section 2(1);“chairperson” means the chairperson of the Board;“construction” means all work associated with the construction, reconstruction, repair or renovation of a building, structure or works;“goods” includes raw materials, products, equipment and other physical objects in any state or form, and electricity;“member” means a member of the Board or an alternate member acting as a member of the Board, as the case may be, appointed by or in terms of section 3(1) or section 3(2), respectively;“Minister” means the Minister of Finance;“ministry” means a ministry as defined in section 1(1) of the Public Service Act;“office” means an office as defined in section 1(1) of the Public Service Act;“Permanent Secretary” means the Permanent Secretary: Finance;“procurement” means the acquisition by any means, including by purchase, rental, lease or hire-purchase, of goods or of services;"Public Service Act" means the Public Service Act, 1995 (Act 13 of 1995);“regional council” means a regional council as defined in section 1 of the Regional Councils Act, 1992 (Act 22 of 1992);“security related”, in relation to goods, services and property, means goods, services and property in respect of which complete and continuous secrecy is required in the national interest;“services” includes any construction;“staff member” means a staff member as defined in section 1(1) of the Public Service Act;“this Act” includes the regulations.

2. Establishment of Board

(1)There is hereby established a board to be known as the Tender Board of Namibia.
(2)On the date of commencement of this Act the South West Africa Tender Board established under section 26A of the Finance and Audit Ordinance, 1926 (Ordinance 1 of 1926), shall cease to exist and as from that date a reference in any law or otherwise to such board shall be construed as a reference to the board established by subsection (1).

3. Composition of Board

(1)The Board shall consist of -
(a)the Permanent Secretary, who shall be the chairperson;
(b)one staff member from each office, ministry and agency nominated -
(i)in the case of the Office of the President, by the President;
(ii)in the case of the Office of the Prime Minister, by the Prime Minister; and
(iii)in the case of ministries and agencies, by the Minister concerned,
and appointed by the Minister; and
(c)any other two persons appointed by the Minister, who shall -
(i)be Namibian citizens; and
(ii)not be staff members.
(2)The Minister shall, with due regard to paragraphs (b) and (c) of subsection (1), appoint for each member of the Board appointed by him or her in terms of those paragraphs, an alternate member, nominated in so far as applicable in accordance with the provisions of those paragraphs, and any alternate member so appointed may during the absence of the member with respect to whom he or she is appointed or his or her inability to act as member; act as member in place of that member.
(3)The chairperson of the Board shall designate any other member as deputy chairperson, who shall act as chairperson of the Board when the chairperson is absent or is unable to perform his or her duties, and when both the chairperson and the deputy chairperson are absent from a meeting of the Board, the members present thereat may elect one of their number to preside at such meeting.

4. Tenure and vacation of office

(1)Subject to the provisions of subsection (3), a member who is in the employment of the Government shall hold office during the Minister’s pleasure and any other member shall hold office for a period of three years.
(2)Any member whose period for which he or she was appointed has expired, shall be eligible for reappointment.
(3)A member shall vacate his or her office if he or she -
(a)ceases to be in the employment of the Government or, in the case of a member appointed in terms of section 3(1)(c) and who is not in the employment of the Government, that member resigns by written notice addressed to the chairperson;
(b)has, without sufficient reasons or the leave of the Board, been absent from three consecutive meetings of the Board; or
(c)is removed from office under subsection (4) by the Minister.
(4)The Minister may at any time remove a member appointed by him or her from office for reasons which in the opinion of the Minister render him or her unsuitable to serve on the Board.

5. Remuneration of members

The remuneration and allowances of a member not being in the full-time employment of the Government shall be determined from time to time by the Minister.

6. Disclosure of interest

(1)A member who has or intends to acquire a direct or indirect personal interest in a tender or an agreement, shall in writing declare the nature, extent and particulars of such interest to the Board.
(2)A member shall not take part in any consideration or discussion of, or exercise any vote on, a matter in which he or she has an interest as contemplated in subsection (1).
(3)Any member who contravenes or fails to comply with a provision of subsection (2) shall be guilty of an offence and on conviction be liable to a fine not exceeding N$500 000 or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment.
(4)The provisions of this section shall apply mutatis mutandis to any official involved in the drafting of a submission to the Tender Board.

7. Powers and Functions of Board

(1)Unless otherwise provided in this Act or any other law, the Board shall be responsible for the procurement of goods and services for the Government, and, subject to the provisions of any other Act of Parliament, for the arrangement of the letting or hiring of anything or the acquisition or granting of any right for or on behalf of the Government, and for the disposal of Government property, and may for that purpose -
(a)on behalf of the Government conclude an agreement with any person within or outside Namibia for the furnishing of goods or services to the Government or for the letting or hiring of anything or the acquisition or granting of any right for or on behalf of the Government or for the disposal of Government property;
(b)with a view to conclude an agreement contemplated in paragraph (a), invite tenders and determine the manner in which and the conditions subject to which such tenders shall be submitted;
(c)inspect and test or cause to be inspected and tested goods and services which are offered or which are or have been furnished in terms of an agreement concluded under this section, and anything offered for hire;
(d)accept or reject any tender for the conclusion of an agreement contemplated in paragraph (a);
(e)take steps or cause steps to be taken to enforce any agreement;
(f)on behalf of the Government resile from any agreement and, in an appropriate case, claim damages;
(g)subject to the provisions of subsection (2), on such conditions as it may determine, exempt any person with whom an agreement has been concluded from compliance with such agreement or condone the failure of that person to comply with such agreement;
(h)subject to the provisions of subsection (2), negotiate a settlement with any person referred to in paragraph (g) or amend the agreement in question with the approval of that person;
(i)with a view to procure goods and services of a value not exceeding N$5 500, authorize the chairperson to consider and to accept or reject on behalf of the Board any tender or application for prequalification, as the case may be, submitted in respect thereof;
(j)exercise such other powers as may be conferred upon it by or under this Act or any other law.
(2)No exemption, condonation, settlement or amendment which may be to the prejudice of the Government shall be granted, negotiated or made under paragraph (g) or (h) of subsection (1) without the prior approval of the Treasury.

8. Committees of Board and delegation of powers

(1)The Board may from time to time among its members appoint a committee to deal with any specific case on behalf of the Board and designate a chairperson for that committee.
(2)The Board may, subject to such conditions as it may determine, from time to time delegate any of the powers conferred upon it by or under this Act to the committee appointed by it under subsection (1).
(3)A delegation under subsection (2) shall not divest the Board of any power so delegated, and the Board may at any time vary or set aside any decision made thereunder by the committee.

9. Meetings of Board

(1)Meetings of the Board shall be held at such times and places as the chairperson may determine from time to time, and any meeting so convened may be adjourned or postponed by the chairperson.
(2)Eight members shall constitute a quorum for any meeting of the Board.

10. Decisions of Board

No decision of the Board or act performed by authority of the Board shall be invalid by reason only -
(a)of a vacancy on the Board; or
(b)of the fact that a person who was not entitled to sit as a member of the Board sat as such a member at the time when the decision was taken or the act was authorised, if the decision was taken or the act was authorized by the requisite majority of the members who were present at the time and entitled so sit as members.

11. Invitation of tenders and applications for prequalification

An invitation -
(a)for tenders; or
(b)in the case where tenderers have to prequalify, for applications for prequalification,
shall be published by the Board once in the Gazette and at least once in each of the newspapers contracted by the Government.

12. Contents of applications for prequalification

An application for prequalification contemplated in section 11(b) shall -
(a)be made to the Board in such manner and form and within such period as may be determined by the Board; and
(b)be accompanied by such documents and information as the Board may require in the particular case to enable to select potential tenderers.

13. Final invitation of tenders

Where applications for prequalification contemplated in section 11(b) have been invited, the Board shall restrict its final invitation to tender only to those potential tenderers selected in accordance with the provisions of section 12.

14. Contents of title of tender

A title of tender shall as far as practicable contain at least the following information:
(a)Instructions for preparing tenders;[The word “instructions” should not be capitalised.]
(b)technical and quality characteristics of the goods to be procured or services to be rendered or property to be disposed of or the nature of rights to be acquired or granted, including, where appropriate, technical specifications, plans and drawings;
(c)currency in which the tender price is to be formulated and expressed;
(d)the manner, place and closing date for submission of tenders;
(e)the period during which tenders shall be in effect; and
(f)tender security to be furnished and conditions for its refund.

15. Examination, evaluation, comparison and non-acceptance of tenders

(1)The Board may at any time request any tenderer to clarify, in such manner as may be determined by the Board, his or her tender in order to assist the Board in the examination, evaluation and comparison of tenders.
(2)The Board shall not consider a tender unless -
(a)the tender complies with all the characteristics, terms, conditions and other requirements set out in the title of tender; or
(b)if the tender does not comply, the non-compliance consist in the opinion of the Board of a minor deviation that does not materially alter or depart from such characteristics, terms, conditions or other requirements.
[The verb “consist” should be “consists” to be grammatically correct.]
(3)The Board shall, subject to section 42 of the Affirmative Action (Employment) Act, 1998, and with regard to subsection (2), not accept a tender if -[The introductory phrase is substituted by Act 29 of 1998. The Affirmative Action (Employment) Act is Act 29 of 1998.]
(a)if the tenderer who submitted the tender does not qualify as such in terms of the conditions of tender set out in the title of tender;
(b)if the tenderer fails to comply with a request contemplated in subsection (1); or
(c)if in the opinion of the Board the tenderer has resorted to corrupt practices with a view to influence the Board in the selection of the tender, in which case the reasons for rejection of the tender shall be kept on record by the Board.
(4)In examining a tender, the Board shall give consideration to the capacity, experience, integrity and financial status of the tenderer;
(5)In comparing tenders, the Board shall give effect to the price preference policy of the Government to redress social, economic and educational imbalances in a democratic society and to encourage industrial and commercial interests in Namibia.
(6)If the Board does not accept the lowest tender or tenders from among all the tenders submitted to it, the reasons for not accepting the lowest tender or tenders shall be kept on record by the Board.
(7)All tenders shall be opened in public.

16. Acceptance of tenders, and entry into force of agreements

(1)The Board shall in every particular case -
(a)notify the tenderers concerned in writing of the acceptance or rejection of their tenders, as the case may be, and the name of the tenderer whose tender has been accepted by the Board shall be made known to all the other tenderers;
(b)on the written request of a tenderer, give reasons for the acceptance or rejection of his or her tender.
(2)Where in terms of a title of tender -
(a)a written agreement is required to be concluded after the acceptance of a tender, the Board and the tenderer concerned shall, within 30 days from the date on which that tenderer was notified accordingly in terms of subsection (1)(a) or within such extended period as the Board may determine, enter into such an agreement;
(b)a written agreement is not required to be so concluded, an agreement shall come into force on the date on which the tenderer concerned is notified in terms of subsection (1)(a) of the acceptance of his or her tender.
(3)If, in the circumstances contemplated in subsection (2)(a), the tenderer fails to enter into an agreement within the period mentioned in that subsection or, if that period has been extended by the Board, within the extended period, or if the tenderer, when required to do so, fails to furnish the required security for the performance of the agreement, the Board may withdraw its acceptance of the tender in question and -
(a)accept any other tender from among the tenders submitted to it; or
(b)invite tenders afresh.

17. Exemption from tender procedures

(1)If, in respect of the procurement of goods and services for, or the letting or hiring of anything or the acquisition or granting of any right for or on behalf of, or the disposal of property of, the Government -
(a)the estimated value thereof does not exceed N$ 10 000;
(b)the opposite party to an agreement to be entered into is -
(i)a statutory body, local authority or regional council in Namibia approved by the Minister; or
(ii)the government of, or any statutory body, local authority or regional council in, a country other than Namibia, which statutory body, local authority or regional council the Minister has likewise approved; or
(c)the Board in any particular case for good cause deems it impracticable or inappropriate to invite tenders,
the Board need not comply with the provisions of section 11; and[There is no additional text in the Government Gazette; subsection (1) ends with the word “and”.]
(2)In the application of subsection (1)(c), the reasons for not inviting tenders shall be kept on record by the Board.

18. Administrative work

(1)All administrative work, including the payment and receipt of moneys, in connection with the exercise of the powers and the performance of the functions of the Board, shall be performed by staff members designated by the Permanent Secretary from among the staff of the Ministry of Finance.
(2)Notwithstanding the provisions of subsection (1), the Board may re quire a staff member of any other ministry or of any office or agency to assist the Board with the evaluation of any tender or to make recommendations to the Board in connection with any tender.
(3)The chairperson or any administrative head designated by the Board shall be competent to execute any document on behalf of the Board.

19. Expenditure

Subject to the provisions of this Act or an agreement concluded under this Act, all expenditure in connection with the exercise of the powers and the performance of the functions of the Board shall be defrayed from moneys appropriated by Parliament for that purpose.

20. Regulations

The Minister may make regulations not inconsistent with the provisions of this Act in relation to -
(a)the invitation of tenders;
(b)the conclusion or cancellation of agreements;
(c)the procurement of goods and services for the Government;
(d)the letting or hiring of anything on behalf of the Government;
(e)the acquisition or granting of rights for or on behalf of the Government;
(f)the disposal of Government property;
(g)the procedure and quorum at meetings of the Board and any committee thereof, including the manner of voting and the number of votes required for a decision of the Board;
(h)decisions of the Board;
(i)the granting by the Board of price preferences when comparing tenders, including the basis on which such preferences may be granted;
(j)the imposition by the Board of a monetary penalty, calculated on such basis as may be prescribed therein, on any person with whom the Board concluded an agreement on behalf of the Government on the strength of information furnished by that person which, after the conclusion of such agreement, is shown to have been incorrect information, including the manner in which any such penalty may be recovered;
(k)the recovery of expenses, losses or damages incurred or suffered by the Government;
(l)a code of procedure;
(m)any matter which in terms of this Act is required or permitted to be prescribed; and
(n)generally, all matters in respect of which the Minister considers it necessary or expedient to make regulations in order to achieve the objects of this Act.

21. Application of Act

The provisions of this Act shall apply in respect of the procurement of all goods and services, the letting or hiring of all things, the acquisition or granting of all rights and the disposal of all property by offices, ministries and agencies for or on behalf of the Government, except in respect of -
(a)the procurement, letting, hiring or disposal by -
(i)the Namibian Defence Force; and
(ii)the Namibia Central Intelligence Service,
[subparagraph (ii) amended by Act 10 of 1997]of security related goods, services and property, and
(b)such category of procurement, letting, hiring, rights or disposal as may, on the recommendation of the Board, be prescribed by regulation for the purposes of being exempted from the provisions of this Act.

22. Repeal of laws, and savings

(1)Subject to the provisions of subsections (2) and (3), the laws mentioned in the Schedule are hereby repealed to the extent indicated in the third column thereof.
(2)Anything done under a provision of any law repealed by subsection (1), and which could have been done under a provision of this Act, shall be deemed to have been done under the corresponding provision of this Act.
(3)All persons who immediately before the commencement of this Act were members or alternate members of the South West Africa Tender Board referred to in section 2(2), shall as from such commencement be deemed to have been appointed by or in terms of this Act as members or alternate members of the Board, as the case may be.

23. Short title and commencement

This Act shall be called the Tender Board of Namibia Act, 1996, and shall come into operation on a date to be fixed by the Minister by notice in the Gazette.

Schedule

LAWS REPEALED

No. and year of lawShort titleExtent of repeal
Ordinance 1 of 1926Finance and Audit Ordinance, 1926Section 26A
Ordinance 20 of 1970Finance and Audit Amendment Ordinance, 1970The whole
Proclamation AG. 56 of 1980Finance and Audit Amendment Proclamation, 1980The whole
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History of this document

01 April 2017
18 November 1998 this version
05 June 1998
01 October 1996
12 August 1996
26 July 1996
Assented to

Cited documents 2

Legislation 2
1. Regional Councils Act, 1992 385 citations
2. Public Service Act, 1995 306 citations

Documents citing this one 300

Gazette 272
1. Namibia Government Gazette dated 1996-08-12 number 1380
2. Namibia Government Gazette dated 1996-09-12 number 1403
3. Namibia Government Gazette dated 1997-02-03 number 1490
4. Namibia Government Gazette dated 1997-02-03 number 1491
5. Namibia Government Gazette dated 1997-02-10 number 1495
6. Namibia Government Gazette dated 1997-02-18 number 1501
7. Namibia Government Gazette dated 1997-03-10 number 1514
8. Namibia Government Gazette dated 1997-03-20 number 1519
9. Namibia Government Gazette dated 1997-04-07 number 1531
10. Namibia Government Gazette dated 1997-04-22 number 1540
11. Namibia Government Gazette dated 1997-05-09 number 1551
12. Namibia Government Gazette dated 1997-05-22 number 1561
13. Namibia Government Gazette dated 1997-05-28 number 1565
14. Namibia Government Gazette dated 1997-06-17 number 1577
15. Namibia Government Gazette dated 1997-07-04 number 1598
16. Namibia Government Gazette dated 1997-07-16 number 1604
17. Namibia Government Gazette dated 1997-07-31 number 1616
18. Namibia Government Gazette dated 1997-08-15 number 1640
19. Namibia Government Gazette dated 1997-09-09 number 1677
20. Namibia Government Gazette dated 1997-09-23 number 1687
21. Namibia Government Gazette dated 1997-09-30 number 1692
22. Namibia Government Gazette dated 1997-10-23 number 1713
23. Namibia Government Gazette dated 1997-11-05 number 1724
24. Namibia Government Gazette dated 1997-11-21 number 1735
25. Namibia Government Gazette dated 1998-02-02 number 1786
26. Namibia Government Gazette dated 1998-02-10 number 1792
27. Namibia Government Gazette dated 1998-02-24 number 1798
28. Namibia Government Gazette dated 1998-03-11 number 1812
29. Namibia Government Gazette dated 1998-04-02 number 1833
30. Namibia Government Gazette dated 1998-04-16 number 1841
31. Namibia Government Gazette dated 1998-05-08 number 1859
32. Namibia Government Gazette dated 1998-05-29 number 1868
33. Namibia Government Gazette dated 1998-06-19 number 1890
34. Namibia Government Gazette dated 1998-07-10 number 1907
35. Namibia Government Gazette dated 1998-08-07 number 1920
36. Namibia Government Gazette dated 2000-12-21 number 2451
37. Namibia Government Gazette dated 2001-04-26 number 2517
38. Namibia Government Gazette dated 2001-05-10 number 2526
39. Namibia Government Gazette dated 2001-05-18 number 2535
40. Namibia Government Gazette dated 2001-05-30 number 2540
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42. Namibia Government Gazette dated 2001-06-18 number 2555
43. Namibia Government Gazette dated 2001-07-12 number 2578
44. Namibia Government Gazette dated 2001-08-09 number 2595
45. Namibia Government Gazette dated 2001-08-30 number 2605
46. Namibia Government Gazette dated 2001-09-14 number 2613
47. Namibia Government Gazette dated 2001-09-28 number 2621
48. Namibia Government Gazette dated 2001-10-15 number 2629
49. Namibia Government Gazette dated 2001-10-22 number 2634
50. Namibia Government Gazette dated 2001-11-14 number 2646
51. Namibia Government Gazette dated 2001-11-26 number 2652
52. Namibia Government Gazette dated 2001-12-07 number 2659
53. Namibia Government Gazette dated 2002-02-11 number 2691
54. Namibia Government Gazette dated 2002-02-21 number 2697
55. Namibia Government Gazette dated 2002-03-22 number 2714
56. Namibia Government Gazette dated 2002-04-11 number 2720
57. Namibia Government Gazette dated 2002-05-03 number 2735
58. Namibia Government Gazette dated 2002-05-23 number 2741
59. Namibia Government Gazette dated 2002-06-10 number 2750
60. Namibia Government Gazette dated 2002-07-05 number 2761
61. Namibia Government Gazette dated 2002-07-18 number 2768
62. Namibia Government Gazette dated 2002-08-14 number 2792
63. Namibia Government Gazette dated 2002-08-22 number 2798
64. Namibia Government Gazette dated 2002-09-13 number 2808
65. Namibia Government Gazette dated 2002-09-27 number 2816
66. Namibia Government Gazette dated 2002-10-15 number 2831
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68. Namibia Government Gazette dated 2002-11-08 number 2850
69. Namibia Government Gazette dated 2002-11-19 number 2858
70. Namibia Government Gazette dated 2002-12-06 number 2872
71. Namibia Government Gazette dated 2003-01-31 number 2907
72. Namibia Government Gazette dated 2003-02-20 number 2918
73. Namibia Government Gazette dated 2003-03-11 number 2930
74. Namibia Government Gazette dated 2003-03-25 number 2937
75. Namibia Government Gazette dated 2003-04-04 number 2950
76. Namibia Government Gazette dated 2003-04-28 number 2969
77. Namibia Government Gazette dated 2003-05-23 number 2983
78. Namibia Government Gazette dated 2003-06-16 number 2995
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80. Namibia Government Gazette dated 2003-07-18 number 3022
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84. Namibia Government Gazette dated 2003-09-26 number 3064
85. Namibia Government Gazette dated 2003-10-17 number 3075
86. Namibia Government Gazette dated 2003-10-31 number 3081
87. Namibia Government Gazette dated 2003-11-14 number 3091
88. Namibia Government Gazette dated 2004-02-05 number 3143
89. Namibia Government Gazette dated 2004-02-13 number 3151
90. Namibia Government Gazette dated 2004-02-27 number 3159
91. Namibia Government Gazette dated 2004-03-12 number 3167
92. Namibia Government Gazette dated 2004-03-24 number 3175
93. Namibia Government Gazette dated 2004-04-06 number 3185
94. Namibia Government Gazette dated 2004-04-23 number 3196
95. Namibia Government Gazette dated 2004-05-10 number 3204
96. Namibia Government Gazette dated 2004-06-03 number 3215
97. Namibia Government Gazette dated 2004-06-17 number 3222
98. Namibia Government Gazette dated 2004-07-12 number 3234
99. Namibia Government Gazette dated 2004-07-22 number 3242
100. Namibia Government Gazette dated 2004-08-09 number 3258
101. Namibia Government Gazette dated 2004-09-06 number 3272
102. Namibia Government Gazette dated 2004-09-20 number 3279
103. Namibia Government Gazette dated 2004-10-06 number 3295
104. Namibia Government Gazette dated 2004-10-26 number 3305
105. Namibia Government Gazette dated 2004-11-22 number 3327
106. Namibia Government Gazette dated 2004-12-09 number 3341
107. Namibia Government Gazette dated 2005-02-21 number 3381
108. Namibia Government Gazette dated 2005-03-14 number 3390
109. Namibia Government Gazette dated 2005-04-04 number 3405
110. Namibia Government Gazette dated 2005-04-13 number 3408
111. Namibia Government Gazette dated 2005-04-29 number 3418
112. Namibia Government Gazette dated 2005-05-17 number 3432
113. Namibia Government Gazette dated 2005-06-07 number 3443
114. Namibia Government Gazette dated 2005-07-13 number 3458
115. Namibia Government Gazette dated 2005-07-29 number 3469
116. Namibia Government Gazette dated 2005-08-22 number 3487
117. Namibia Government Gazette dated 2005-09-07 number 3493
118. Namibia Government Gazette dated 2005-10-03 number 3509
119. Namibia Government Gazette dated 2005-10-25 number 3524
120. Namibia Government Gazette dated 2005-11-17 number 3537
121. Namibia Government Gazette dated 2005-11-29 number 3544
122. Namibia Government Gazette dated 2005-12-19 number 3559
123. Namibia Government Gazette dated 2005-12-30 number 3571
124. Namibia Government Gazette dated 2006-01-09 number 3575
125. Namibia Government Gazette dated 2006-02-03 number 3587
126. Namibia Government Gazette dated 2006-02-28 number 3598
127. Namibia Government Gazette dated 2006-03-16 number 3604
128. Namibia Government Gazette dated 2006-03-27 number 3610
129. Namibia Government Gazette dated 2006-03-27 number 3611
130. Namibia Government Gazette dated 2006-04-13 number 3618
131. Namibia Government Gazette dated 2006-05-26 number 3637
132. Namibia Government Gazette dated 2006-06-26 number 3654
133. Namibia Government Gazette dated 2006-07-17 number 3662
134. Namibia Government Gazette dated 2006-08-28 number 3686
135. Namibia Government Gazette dated 2006-09-25 number 3709
136. Namibia Government Gazette dated 2006-10-09 number 3719
137. Namibia Government Gazette dated 2006-10-27 number 3729
138. Namibia Government Gazette dated 2006-11-27 number 3745
139. Namibia Government Gazette dated 2006-12-04 number 3749
140. Namibia Government Gazette dated 2007-01-02 number 3764
141. Namibia Government Gazette dated 2007-02-06 number 3784
142. Namibia Government Gazette dated 2007-02-26 number 3798
143. Namibia Government Gazette dated 2007-03-27 number 3813
144. Namibia Government Gazette dated 2007-05-11 number 3837
145. Namibia Government Gazette dated 2007-06-07 number 3854
146. Namibia Government Gazette dated 2007-08-06 number 3889
147. Namibia Government Gazette dated 2007-08-14 number 3895
148. Namibia Government Gazette dated 2007-09-17 number 3906
149. Namibia Government Gazette dated 2007-09-24 number 3910
150. Namibia Government Gazette dated 2007-10-16 number 3920
151. Namibia Government Gazette dated 2007-11-07 number 3931
152. Namibia Government Gazette dated 2007-11-26 number 3940
153. Namibia Government Gazette dated 2007-12-05 number 3947
154. Namibia Government Gazette dated 2007-12-19 number 3956
155. Namibia Government Gazette dated 2008-03-12 number 4010
156. Namibia Government Gazette dated 2008-03-28 number 4020
157. Namibia Government Gazette dated 2008-04-10 number 4026
158. Namibia Government Gazette dated 2008-04-24 number 4034
159. Namibia Government Gazette dated 2008-05-15 number 4045
160. Namibia Government Gazette dated 2008-06-02 number 4055
161. Namibia Government Gazette dated 2008-06-18 number 4069
162. Namibia Government Gazette dated 2008-07-10 number 4082
163. Namibia Government Gazette dated 2008-08-11 number 4097
164. Namibia Government Gazette dated 2008-08-29 number 4110
165. Namibia Government Gazette dated 2008-09-18 number 4124
166. Namibia Government Gazette dated 2008-10-07 number 4134
167. Namibia Government Gazette dated 2008-10-21 number 4144
168. Namibia Government Gazette dated 2008-11-04 number 4155
169. Namibia Government Gazette dated 2008-11-19 number 4171
170. Namibia Government Gazette dated 2008-12-04 number 4176
171. Namibia Government Gazette dated 2009-01-21 number 4200
172. Namibia Government Gazette dated 2009-02-24 number 4214
173. Namibia Government Gazette dated 2009-03-12 number 4222
174. Namibia Government Gazette dated 2009-04-01 number 4235
175. Namibia Government Gazette dated 2009-04-23 number 4248
176. Namibia Government Gazette dated 2009-05-06 number 4255
177. Namibia Government Gazette dated 2009-05-29 number 4267
178. Namibia Government Gazette dated 2009-06-02 number 4273
179. Namibia Government Gazette dated 2009-06-17 number 4281
180. Namibia Government Gazette dated 2009-06-26 number 4285
181. Namibia Government Gazette dated 2009-07-13 number 4290
182. Namibia Government Gazette dated 2009-07-24 number 4203
183. Namibia Government Gazette dated 2009-08-13 number 4319
184. Namibia Government Gazette dated 2009-08-28 number 4328
185. Namibia Government Gazette dated 2009-09-11 number 4335
186. Namibia Government Gazette dated 2009-09-30 number 4349
187. Namibia Government Gazette dated 2009-11-30 number 4385
188. Namibia Government Gazette dated 2009-12-18 number 4396
189. Namibia Government Gazette dated 2010-01-26 number 4414
190. Namibia Government Gazette dated 2010-02-12 number 4421
191. Namibia Government Gazette dated 2010-03-04 number 4436
192. Namibia Government Gazette dated 2010-03-23 number 4448
193. Namibia Government Gazette dated 2010-04-13 number 4456
194. Namibia Government Gazette dated 2010-04-27 number 4469
195. Namibia Government Gazette dated 2010-05-17 number 4485
196. Namibia Government Gazette dated 2010-06-15 number 4501
197. Namibia Government Gazette dated 2010-06-29 number 4512
198. Namibia Government Gazette dated 2010-07-12 number 4519
199. Namibia Government Gazette dated 2010-08-06 number 4533
200. Namibia Government Gazette dated 2010-08-16 number 4544
201. Namibia Government Gazette dated 2010-09-15 number 4560
202. Namibia Government Gazette dated 2010-10-04 number 4576
203. Namibia Government Gazette dated 2010-10-29 number 4593
204. Namibia Government Gazette dated 2010-11-10 number 4602
205. Namibia Government Gazette dated 2010-11-23 number 4615
206. Namibia Government Gazette dated 2010-12-03 number 4623
207. Namibia Government Gazette dated 2011-02-28 number 4664
208. Namibia Government Gazette dated 2011-03-30 number 4676
209. Namibia Government Gazette dated 2011-04-07 number 4682
210. Namibia Government Gazette dated 2011-04-18 number 4691
211. Namibia Government Gazette dated 2011-05-03 number 4705
212. Namibia Government Gazette dated 2011-05-10 number 4716
213. Namibia Government Gazette dated 2011-05-30 number 4721
214. Namibia Government Gazette dated 2011-06-20 number 4740
215. Namibia Government Gazette dated 2011-07-12 number 4751
216. Namibia Government Gazette dated 2011-08-08 number 4771
217. Namibia Government Gazette dated 2011-08-19 number 4780
218. Namibia Government Gazette dated 2011-09-15 number 4794
219. Namibia Government Gazette dated 2011-10-17 number 4811
220. Namibia Government Gazette dated 2011-12-29 number 4857
221. Namibia Government Gazette dated 2012-02-06 number 4879
222. Namibia Government Gazette dated 2012-03-06 number 4894
223. Namibia Government Gazette dated 2012-03-29 number 4910
224. Namibia Government Gazette dated 2012-04-24 number 4937
225. Namibia Government Gazette dated 2012-05-24 number 4953
226. Namibia Government Gazette dated 2012-06-15 number 4965
227. Namibia Government Gazette dated 2012-07-02 number 4982
228. Namibia Government Gazette dated 2012-08-17 number 5018
229. Namibia Government Gazette dated 2012-09-11 number 5034
230. Namibia Government Gazette dated 2012-10-04 number 5053
231. Namibia Government Gazette dated 2012-10-22 number 5064
232. Namibia Government Gazette dated 2012-11-12 number 5074
233. Namibia Government Gazette dated 2012-11-21 number 5081
234. Namibia Government Gazette dated 2012-12-17 number 5100
235. Namibia Government Gazette dated 2013-01-23 number 5122
236. Namibia Government Gazette dated 2013-02-13 number 5131
237. Namibia Government Gazette dated 2013-03-18 number 5154
238. Namibia Government Gazette dated 2013-04-17 number 5177
239. Namibia Government Gazette dated 2013-05-17 number 5192
240. Namibia Government Gazette dated 2013-05-30 number 5204
241. Namibia Government Gazette dated 2013-05-31 number 5212
242. Namibia Government Gazette dated 2013-06-19 number 5227
243. Namibia Government Gazette dated 2013-07-23 number 5248
244. Namibia Government Gazette dated 2013-08-30 number 5275
245. Namibia Government Gazette dated 2013-12-31 number 5380
246. Namibia Government Gazette dated 2013-12-31 number 5386
247. Namibia Government Gazette dated 2014-01-31 number 5399
248. Namibia Government Gazette dated 2014-02-28 number 5418
249. Namibia Government Gazette dated 2014-03-31 number 5437
250. Namibia Government Gazette dated 2014-04-30 number 5456
251. Namibia Government Gazette dated 2014-06-30 number 5496
252. Namibia Government Gazette dated 2014-08-29 number 5542
253. Namibia Government Gazette dated 2014-09-30 number 5576
254. Namibia Government Gazette dated 2014-11-27 number 5620
255. Namibia Government Gazette dated 2015-03-31 number 5701
256. Namibia Government Gazette dated 2015-07-31 number 5798
257. Namibia Government Gazette dated 2015-08-28 number 5814
258. Namibia Government Gazette dated 2015-09-30 number 5841
259. Namibia Government Gazette dated 2015-10-30 number 5863
260. Namibia Government Gazette dated 2015-11-30 number 5888
261. Namibia Government Gazette dated 2015-12-31 number 5920
262. Namibia Government Gazette dated 2015-12-31 number 5922
263. Namibia Government Gazette dated 2016-02-29 number 5959
264. Namibia Government Gazette dated 2016-03-31 number 5981
265. Namibia Government Gazette dated 2016-05-31 number 6020
266. Namibia Government Gazette dated 2016-07-29 number 6082
267. Namibia Government Gazette dated 2016-08-31 number 6108
268. Namibia Government Gazette dated 2016-09-30 number 6137
269. Namibia Government Gazette dated 2016-10-31 number 6162
270. Namibia Government Gazette dated 2016-11-30 number 6187
271. Namibia Government Gazette dated 2017-02-28 number 6251
272. Namibia Government Gazette dated 2017-03-31 number 6276
Judgment 22
1. AFS Group Namibia (Pty) Ltd v Chairperson of Tender Board of Namibia and Others (APPEAL 55 of 2011) [2011] NAHC 184 (1 July 2011) 3 citations
2. Pamo Trading Enterprises CC v Chairperson of the Tender Board of Namibia and Others (349 of 2014) [2017] NAHCMD 268 (18 September 2017) 2 citations
3. Central Procurement Board v Nangolo N.O. (HC-MD-CIV-MOT-REV 441 of 2017) [2018] NAHCMD 357 (9 November 2018) 1 citation
4. New Africa Dimensions CC and Others v Prosecutor-General (SA 22 of 2016) [2018] NASC 8 (8 March 2018) 1 citation
5. Newpoint Electronic Solutions (Pty) Ltd v PS, Office of the Prime Minister (SA 15 of 2022) [2022] NASC 31 (3 October 2022) 1 citation
6. President of Republic of Namibia and Others v Anhui Foreign Economic Construction Group Corporation Ltd and Another (SA 59 of 2016) [2017] NASC 7 (28 March 2017) 1 citation
7. United Africa Group (Pty) Ltd v Chairperson of Tender Board of Namibia and Others (1) (APPEAL 346 of 2010) [2011] NAHC 171 (17 June 2011) 1 citation
8. Addi Investment Africa (Pty) Ltd v Minister of Works and Transport (HC-MD-CIV-ACT-CON- 2327 of 2019) [2022] NAHCMD 673 (9 December 2022)
9. Amswohl & LGA Construction JV CC v Municipal Council of the Municipality of Namibia (149 of 2012) [2012] NAHC 209 (27 July 2012)
10. CSC Neckartal Dam Joint Venture v Tender Board of Namibia and Others (APPEAL 109 of 2013) [2013] NAHCMD 186 (4 July 2013)
11. Central Technical Supplies (Geiger) Engineering (Pty) Ltd v Haudano Bricks CC and Another (2242 of 2015) [2019] NAHCMD 226 (28 June 2019)
12. Clear Channel Independent Advertising Namibia (Pty) Ltd and Another v Transnamib Holdings Limited and Others (PA 327 of 2005) [2005] NAHC 44 (22 November 2005)
13. Government of the Republic of Namibia v Wamuwi NO (SA 28 of 2001) [2003] NASC 11 (21 May 2003)
14. Minister of Education and Others v Free Namibia Caterers (Pty) Ltd (SA 37 of 2010) [2013] NASC 8 (15 July 2013)
15. Pamo Trading Enterprises CC and Another v Chairperson of the Tender Board of Namibia and Others (SA 60 of 2017) [2019] NASC 583 (3 July 2019)
16. Pamo Trading Enterprises CC v Tender Board of Namibia (HC-MD-CIV-ACT-DEL- 2891 of 2020) [2020] NAHCMD 599 (9 December 2020)
17. Selex Sistemi Integrati SpA v Chairperson of Tender Board of Namibia (APPEAL 69 of 2009) [2016] NAHCMD 228 (8 August 2016)
18. Serenity Manufacturing v Minister of Health and Social Services and Another (1) (2305 of 2005) [2006] NAHC 26 (30 June 2006)
19. Serenity Manufacturing v Minister of Health and Social Services and Another (2) (SA 23 of 2006) [2007] NASC 6 (19 November 2007)
20. Shetu Trading CC v Chair of Tender Board of Namibia and Others (2) (APPEAL 352 of 2010) [2011] NAHC 188 (4 July 2011)
21. Simataa v Magistrate of Windhoek and Others (75 of 2010) [2012] NAHC 201 (23 July 2012)
22. United Africa Group (Pty) Ltd v Chairperson of Tender Board of Namibia and Others (2) (SA 52 of 2011) [2014] NASC 21 (11 November 2014)
Law Reform Report 1
1. Report on the Repeal of Obsolete Laws
Legislation 5
1. Public Procurement Act, 2015 63 citations
2. Namibia Central Intelligence Service Act, 1997 26 citations
3. Trust Fund for Regional Development and Equity Provisions Act, 2000 8 citations
4. Disaster Risk Management Regulations, 2013
5. Tender Board Regulations, 1996