OF THE
WINDHOEK 16 October 1997 No. 1706
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No. 207 Promulgation of Council of Traditional Leaders Act, 1997 (Act 13 of 1997), of the Parliament ..................................
Government Notice
No. 207 1997
PROMULGATION OF ACT OF PARLIAMENT
The following Act which has been passed by the Parliament and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution.
No. 13 of 1997 Council of Traditional Leaders Act, 1997.
ACT
(Signed by the President on 6 October 1997)
BE IT ENACTED by the Parliament of the Republic of Namibia, as follows:
1. In this Act, unless the context indicates otherwise “Council” means the Council of Traditional Leaders established by section 2; “Minister” means the Minister of Regional and Local Government and
Housing; “Traditional Authority” means the Traditional Authority of a traditional community comprising the traditional leaders of that community who have been designated and recognised as such in accordance with the provisions of the Traditional Authorities Act, 1995 (Act 17 of 1995).
2. Pursuant to Article 102(5) of the Namibian Constitution, there is hereby established a Council of Traditional Leaders in order to advise the President on
(a) the control and utilization of communal land; and
b) all such other matters as may be referred to it by the President for advice.
3. (l) The Council shall be composed of such representatives of Traditional Authorities as may be designated and appointed as members of the Council under this section.
Persons disqualified from being members of the Council
4. No person shall be qualified to become or remain a member of the Council if he or she
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5. Subject to section 6, a member of the Council shall hold office for a period of five years, and shall be eligible for re-appointment.
Vacation of office and filling of vacancies
6. (l) A member of the Council shall cease to hold office if
(2) The Minister may, after consultation with the Traditional Authority concerned, terminate the appointment of any member of the Council if the Minister is satisfied that such member
but the Minister may only so terminate a member’s appointment after giving notice to the member and after affording him or her an opportunity to be heard.
(3) Where the office of any member of the Council becomes vacant, such vacancy shall be filled by the appointment of another person, in accordance with the provisions of section 3, to represent the Traditional Authority concerned on the Council and any such new member shall hold office for the unexpired portion of the term of office of the person who ceased to be a member: Provided that if the unexpired portion of the vacating member’s term of office is less than six months the vacancy shall not be filled, unless the Minister directs otherwise by reason of the existence of several vacancies among the members of the Council.
Temporary members
7. (l) If any member of the Council is unable to attend a meeting of the Council, the Traditional Authority by whom such member was designated may appoint another person from among the members of its traditional community to act temporarily in the place of that member at the meeting during such member’s absence.
(2) Any person appointed as a temporary member under subsection (l) shall, while he or she acts as such, be deemed to be a member of the Council.
Payment to members
8. (l) There shall be paid to the members of the Council such allowances as may be determined by the Minister in consultation with the Minister of Finance.
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to be paid the allowance that would have been payable to the member of the Council in whose place he or she is acting, had such member attended the meeting.
Secretary and staff
9. (l) The secretary of the Council, and such other officers as are required for the proper performance of the Council’s functions, shall be designated by the Minister from among staff members in the Public Service or a regional council established under section 2 of the Regional Councils Act, 1992 (Act 22 of 1992).
(2) The Minister shall, befo re designating any person in the employment of a regional council, consult with the chairperson of that regional council.
Chairperson and Vice-Chairperson of Council
10. (l) The members of the Council shall at their first meeting elect a Chairperson and Vice-Chairperson of the Council from their number.
Meetings of Council
11. (l) The first meeting of the Council shall be convened by the Minister in such manner, and to be held at such time and place, as the Minister may determine and thereafter meetings of the Council shall be held at the times and places determined by the Chairperson of the Council in consultation with the Minister.
12. (l) The Council may from time to time establish from among its members any committee to advise the Council on any matter in relation to its functions as it may deem necessary.
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(2) The Council shall designate the ch a i rp e rson of a committee established under subsection (l).
Investigations by Council
13. (l) The Council may for the purpose of performing its functions, and with the approval of the Minister, conduct an investigation regarding any matter pertaining to communal land.
(2) For the purposes of any investigation by the Council in terms of subsection (l), the Commissions Act, 1947 (Act 8 of 1947) shall apply to the Council and to witnesses summoned to appear before the Council, as if the Council were a commission with reference to which the provisions of that Act had been declared to be applicable under section 2 thereof.
14. The Council shall prep a re a full rep o rt containing its recommendations in regard to any matter investigated by it and shall submit such report through the Minister to the President for consideration.
Draft legislation pertaining to communal land
15. (l) Any draft legislation pertaining to communal land shall be laid before the Council for its consideration and recommendation before it is introduced in the National Assembly.
(2) Any comments or recommendations which the Council may wish to make in relation to any bill laid before it in terms of subsection (l), shall be submitted by the Council to the Minister within 90 days after the referral of such bill to the Council, or such extended period as the Minister may approve, failing which the introduction of the bill in the National Assembly may be proceeded with.
16. This Act shall be called the Council of Traditional Leaders Act, 1997 and shall come into Operation on a date fixed by the Minister by notice in the Gazette.