Related documents
- Is amended by Abolition of Payment by Cheque Act, 2022
- Is commenced by Determination of date of commencement: Standards Act, 2005
Standards Act, 2005
Act 18 of 2005
- Published in Government Gazette 3569 on 30 December 2005
- Assented to on 23 December 2005
- Commenced on 20 September 2013 by Determination of date of commencement: Standards Act, 2005
- [This is the version of this document from 15 March 2023 and includes any amendments published up to 19 April 2024.]
- [Amended by Abolition of Payment by Cheque Act, 2022 (Act 16 of 2022) on 15 March 2023]
1. Definitions
In this Act, unless the context otherwise indicates -“amendment”, in relation to a Namibian standard, includes the complete substitution of one or more or all of the provisions of the Namibian Standard, and “amend” has a corresponding meaning;“body” includes any company, close corporation, institute or other organisation or association which is a juristic person;“certification” means a procedure by which the NSI certifies or gives written assurance that a product, process, service or system conforms to specified requirements, and “certify” has a corresponding meaning;“chief executive officer” means the chief executive officer of the NSI appointed in terms of section 16(1);“committee” means an advisory committee or technical committee of the NSC established under section 13(1), and “other committee” has a corresponding meaning;“commodity” includes any product, process or service, or the manufacture, production, processing or treatment of any such commodity, or any element or characteristic, or any part, of such commodity;“employee of the NSI” means a person appointed as such under section 16(4);“executive committee” means the executive committee of the NSC established in terms of section 12(1);“International Electrotechnical Commission” means the International Electrotechnical Commission established in 1906, and which is the global organisation that prepares international standards for all electrical, electronic and related technologies;“International Organisation for Standardisation” means the International Organisation for Standardisation established in 1947 for the purpose of facilitating international co-ordination and unification of industrial standards;“international standard” means a standard that is adopted by an international standardising organisation or international standards organisation, and made available to the public;“licence” means a licence granted and issued in terms of section 21 to use a specified mark of conformity in relation to a commodity, system or document that complies with the specifications of the relevant Namibian standard;“manufacture” includes to produce, assemble, alter, modify, adapt, convert, process or treat;“mark” includes any symbol, sign, emblem, device, brand, heading, label, ticket, pictorial representation, name, signature, word, letter or number, or any combination thereof;“mark of conformity” means a protected mark applied or issued in accordance with the rules relating to a certification system, indicating or certifying that the relevant commodity, product, process, service or system is in conformity with a specified standard or other normative document, and which mark has under section 21(1) been declared to be a mark of conformity, including any such protected mark after the amendment thereof, and “NSI mark of conformity” has a corresponding meaning;“Minister” means the Minister responsible for trade and industry;“Namibian standard” means a standard prepared and issued by the NSI in relation to any commodity, system or document, indicating the required quality and specification in respect of that commodity, system or document, and includes a standard issued by the NSI in accordance with section 20(2)(b);“NSC” means the Namibian Standards Council established by section 6(2);“NSI” means the Namibian Standards Institution established by section 2(1);“product” means the end result of a process, including services, software, hardware, processed materials and raw materials;“quality” means the degree to which a set of inherent characteristics of a commodity fulfils the requirements of a standard;“regulation” means a regulation made under section 34;“rule” means a rule made under section 33;“sale”, in relation to a commodity, includes -(a)the display, offer or advertise for sale;(b)the export from Namibia for sale; or(c)the possession for the purpose of sale, trade, manufacture or export from Namibia,of that commodity;“specification” means the description of a commodity or system as far as practicable by reference to its nature, strength, purity, composition, quality, dimensions, weight, grade, durability, origin, age, material, mode of manufacture or other characteristics in order to distinguish it from any other commodity or system;“standard” means a document in the nature of a standard established and approved by the NSI or by a body recognised by the NSI in writing for that purpose, which standard provides, for common and repeated use, the rules, guidelines or characteristics for activities, or their results, aimed at the achievement of the optimum degree of order in a given context and with which compliance is, subject to this Act, not compulsory;“standardisation” means the activity or process of establishing standards in terms of this Act, with regard to actual or potential problems relating to any commodity, for common and repeated use, aimed at the achievement of the optimum degree of order in a given context;“system”, in relation to a commodity, means a system that is designed to achieve a particular purpose or to perform a specific function;“this Act” includes any rule and regulation.2. Establishment of Namibian Standards Institution
3. Management and control of NSI
The NSI is managed and controlled by the NSC which, acting for and on behalf of the NSI, must perform the functions of the NSI subject to this Act.4. Objects of NSI
The objects of the NSI are -5. Functions of NSI
6. Establishment and composition of Namibian Standards Council
7. Functions of NSC
8. Term of office of members of NSC
9. Disqualification for appointment as member of NSC
A person may not be appointed as a member or alternate member of the NSC in terms of section 6(3)(a) and (4), respectively, if that person -10. Vacation of office
A member or alternate member of the NSC must vacate office if that member or alternate member -11. Meetings of NSC
12. Executive committee
13. Other committees
14. Remuneration and allowances of members of NSC and committees
15. Validity of decisions
No decision or act of, or act performed under the authority of, the NSC or the executive committee or any other committee is invalid by reason only of -16. Appointment of chief executive officer and other employees of NSI
17. Impartiality
The NSI and the NSC must act impartially in the performance of their respective functions in terms of this Act.18. Financing
19. Auditing and annual report
20. Namibian standards
21. Mark of conformity
22. Copyright in Namibian standards and publications
23. Certification
24. Incorporation of Namibian standards in law
25. Appeals
26. Confidentiality
No person may disclose any information obtained, whether by that person or by any other person, in the course of the administration or implementation of any provision of this Act, except -27. Declaration of interest
28. Unauthorised reference to NSI or NSC, or claim of compliance with Namibian standard
No person may -29. Offences and penalties
30. Appointment of inspectors and internal auditors
31. Delegation of powers and assignment of duties
32. Limitation of liability
Neither the chief executive officer nor any other member of the NSC or member of any committee of the NSC or employee of the NSI is liable in respect of anything done or omitted in good faith and not attributable to gross negligence in the performance of any function under this Act.33. Rules
34. Regulations
35. Repeal of laws, and savings
36. Short title and commencement
This Act is called the Standards Act, 2005, and comes into operation on a date to be determined by the Minister by notice in the Gazette.History of this document
15 March 2023 this version
Amended by
Abolition of Payment by Cheque Act, 2022
20 September 2013
30 December 2005
23 December 2005
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Alcohol-based Hand Sanitisers Regulations | Government Notice 114 of 2020 |
Standards Regulations, 2013 | Government Notice 249 of 2013 |
Cited documents 5
Legislation 5
Documents citing this one 107
Discussion Paper 2
Gazette 94
- Namibia Government Gazette dated 2005-12-30 number 3569
- Namibia Government Gazette dated 2010-10-15 number 4584
- Namibia Government Gazette dated 2013-05-31 number 5213
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- Namibia Government Gazette dated 2016-12-15 number 6197
- Namibia Government Gazette dated 2017-03-15 number 6262
- Namibia Government Gazette dated 2017-03-24 number 6270
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Judgment 1
Law Reform Report 1
Legislation 9
- Abolition of Payment by Cheque Act, 2022
- Alcohol-based Hand Sanitisers Regulations
- Further Suspension of Operation of Provisions of Certain Laws and Ancillary Matters Regulations
- Gaming and Entertainment Control Act, 2018
- Metrology Act, 2022
- Public Enterprises Governance Act, 2006
- Standards Regulations, 2013
- Suspension of Operation of Provisions of Certain Laws and Ancillary Matters Regulations
- Suspension of Operation of Provisions of Certain Laws and Ancillary Matters Regulations