This is the version of this Act as it was from 1 January 2023 to 14 March 2023. Read the latest available version.
Stamp Duties Act, 1993
Act 15 of 1993
- Published in Government Gazette 698 on 25 August 1993
- Assented to on 12 August 1993
- Commenced on 1 September 1993 by Commencement of the Stamp Duties Act, 1993
- [This is the version of this document as it was from 1 January 2023 to 14 March 2023.]
- [Amended by Stamp Duties Amendment Act, 1994 (Act 12 of 1994) on 1 September 1993]
- [Amended by Stamp Duties Amendment Act, 2011 (Act 12 of 2011) on 1 January 2012]
- [Amended by Stamp Duties Amendment Act, 2013 (Act 7 of 2013) on 1 June 2013]
- [Amended by Stamp Duties Amendment Act, 2022 (Act 10 of 2022) on 1 January 2023]
Part I – INTRODUCTORY PROVISIONS
1. Definitions
In this Act, unless the context otherwise indicates -“authorized revenue officer” means -(a)the Permanent Secretary, any receiver of revenue and any magistrate in an area in which there is not an office of a receiver of revenue;(b)any officer in the public service authorized by the Minister by notice in the Gazette to act as an authorized revenue officer for the purposes of this Act, either in respect of all instruments generally or in respect of such categories of instruments as may be specified in the notice; and(c)the registrar of the High Court or the Supreme Court, as the case may be, any registrar of deeds, registrar of mining titles, master of the High Court or clerk of any lower court, in respect of instruments relating to matters with which he or she is or may be officially concerned;“banker” means a banking institution which is registered under the Banks Act, 1965 (Act 23 of 1965), and includes the Bank of Namibia;[The Banks Act 23 of 1965 has been replaced by the Banking Institutions Act 2 of 1998.]“bill of exchange” includes any unconditional order in writing, addressed by one person to another, signed by the person giving the order, and requiring the person to whom it is addressed to pay on demand, or at a fixed or determinable future date, a sum of money to a specified person or his or her order or to bearer, and an order to pay shall for the purposes of this definition be deemed to be an unconditional order whether or not coupled with -(a)an indication of a particular fund out of which the drawee is to reimburse himself or herself or of a particular account to be debited with the amount;(b)a statement of the transaction which gives rise to the bill;(c)a statement in the bill that it is drawn against specified documents attached thereto for delivery on acceptance or on payment of the bill, as the case may be; or(d)a statement on the bill that it is drawn under or against a specified letter of credit or other similar authority;“cheque” means a bill of exchange drawn on a bank or banker and payable on demand, and for the purposes of this definition any such bill payable at sight or on presentation shall be deemed to be payable on demand;“debit entry” means any entry by means of which a debit is posted to -(a)a bank account from which money is withdrawable by cheque; or(b)an account in terms of a credit card scheme as defined in section 1 of the Usury Act, 1968 (Act 73 of 1968), other than such a scheme which is carried on by a building society or a scheme carried on by a buying association in respect of which the Permanent Secretary is satisfied that it is operated on co-operative principles for the benefit of its members; or(c)a savings account as defined in section 1 of the Building Societies Act, 1986 (Act 2 of 1986), at a building society defined in section 1 of that Act or a savings account as defined in section 1 of the Banks Act, 1965 (Act 23 of 1965), at a banking institution as defined in section 1 of that Act;[The Banks Act 23 of 1965 has been replaced by the Banking Institutions Act 2 of 1998.]“die” means any plate, type, tool or implement whatsoever which is used for expressing or denoting any duty or rate of duty or the fact that any duty or rate of duty or penalty has been paid or that an instrument is duly stamped or is not chargeable with duty, and includes any part of any such plate, type, tool or implement;“duly stamped” in relation to any instrument required to be stamped under this Act, means that such instrument has been stamped as required by this Act for the proper amount of duty and the amount of any penalty incurred under this Act and, where adhesive stamps have been used, that such stamps have been defaced as required by this Act;“duty” means any duty imposed by this Act;“executed”, when used in relation to an instrument, means executed as is required by law or as is accepted as sufficient in law;“fixed deposit” means a deposit of money for a definite period and includes a deposit of money for an indefinite period which is withdrawable after the expiration of a period of notice of at least 89 days;“forge” or “forged” includes counterfeit or counterfeited;“instrument” includes any written document or writing, and for the purposes of the duty contemplated in Item 4 of Schedule 1 in respect of any debit entry in an account, such a debit entry;“marketable security” means any security, stock, debenture, share or other interest capable of being sold in a sharemarket or exchange or otherwise and, where the context so requires, includes the scrip, certificate, warrant or other instrument by which the ownership of or title to any such security, stock, debenture, share or other interest is represented;“material” includes material of every description upon which words or figures can be expressed;“Minister” means the Minister of Finance;“Permanent Secretary” means the Permanent Secretary: Finance;“policy of life insurance” means a policy upon any life or lives or upon any event or contingency relating to or depending upon any life or lives, and includes a home service policy, but excludes a policy of insurance against accident to a person or in respect of any injury, incapacity, sickness or the like or a policy whereby a sum to cover any compensation or damage due under a law relating to workmen’s compensation or employer’s liability or the common law is payable in respect of the death or illness of, or injury to, an employee;“promissory note” means any unconditional promise in writing made by one person to another, signed by the maker, and engaging to pay on demand or at a fixed or determinable future date a sum of money to or to the order of such other person or any other specified person or to bearer, but does not include a bank note;“public officer” means a person in the employ of the Government of Namibia, and includes an authorized revenue officer;“public revenue” means the revenue of the State received or accrued by way of any tax, fee, levy, duty or rate;“regulation” means any regulation made or in force under this Act;“stamp” -(a)when used as a noun, means an adhesive stamp approved by the Minister for use under this Act or an impression made by means of a die approved by the Permanent Secretary; and(b)when used as a verb, means to affix a stamp to, or to impress a stamp on, an instrument: Provided that in the case where the payment of duty is not required to be denoted on an instrument by means of an adhesive stamp or otherwise, “stamp”, when used as a verb, means to make payment of that duty,and “stamped” and “stamping” shall be construed accordingly;“this Act” includes any regulation.2. Administration of Act
Part II – IMPOSITION OF STAMP DUTIES
3. Stamp duty to be charged in accordance with Schedule 1
4. General exemptions
Part III – GENERAL PROVISIONS RELATING TO THE STAMPING OF INSTRUMENTS
5. Use of stamps in payment of duty
6. How instruments shall be written and stamped
7. Persons liable to stamp various instruments
8. Time within which instruments shall be stamped
9. Late stamping of instruments and penalties for default
10. Defacement of adhesive stamps
11. Adjudication in respect of liability for stamp duty or penalty
An endorsement or a certificate made on or in respect of any instrument and signed by the Permanent Secretary or by his or her authority, stating that the instrument is duly stamped or is not chargeable with duty or penalty or further duty or penalty, shall for all purposes be conclusive evidence of the fact so endorsed or certified.12. Invalidity of instruments not duly stamped
Save as is otherwise provided in any law, no instrument which is required to be stamped under this Act shall be made available for any purpose whatsoever, unless it is duly stamped, and in particular shall not be produced or given in evidence or be made available in any court of law, except -13. Person making use of instrument not duly stamped to be liable for unpaid duty and penalty thereon
14. Duties of public officers
15. Contracts, agreements or undertakings made for the purpose of evading, defeating or frustrating requirements of Act
Any contract, agreement or undertaking made for the purpose of evading, defeating or frustrating the requirements of this Act as to the stamping of instruments, or with a view to precluding objection or inquiry relating to the due stamping of any instrument, shall be void: Provided that nothing in this section contained shall prohibit any agreement between parties as to the distribution between themselves of liability to pay the amount which is payable as duty.16. Stamping of unstamped instruments with amount of duty and penalty recovered
Upon the recovery under section 30 of the duty or any penalty payable in respect of any instrument, the duty or penalty recovered shall be denoted on the instrument by means of the appropriate revenue or penalty stamps or, if the Permanent Secretary so directs, an endorsement or a certificate may be made on the instrument and signed by the Permanent Secretary or by his or her authority stating that the instrument is duly stamped.Part IV – PROVISIONS RELATING TO PARTICULAR INSTRUMENTS
17. Bills of exchange and promissory notes drawn or made outside Namibia
Any person who comes into possession of a bill of exchange or promissory note which has been drawn or made outside Namibia and which is not duly stamped, shall, before he or she presents such bill or note for payment or endorses, transfers or in any manner negotiates or pays it, stamp it at the rate and in the manner prescribed by this Act: Provided that any bill of exchange drawn outside Namibia and transmitted to Namibia only for acceptance and return to the drawer shall not be chargeable with any duty under this Act.18. Bills of exchange
19. Promissory notes
20. Debit entries
21. Fixed deposit receipts
22. Leases of immovable property
23. Marketable securities
24. Policies of insurance
25. Security or suretyship
Part V – OFFENCES
26. Offences relating to stamping or defacement of stamps and to evasion of duty
Any person who -27. Offences relating to dies and stamps
28. Offences relating to adhesive stamps
29. Powers of search for and seizure of forged stamps
Part VI – GENERAL AND MISCELLANEOUS PROVISIONS
30. Recovery of duties and penalties by action
31. Permanent Secretary may require production of instruments or authorized officer may search for instruments or documents
32. Refunds of duty
33. Regulations
34. Payment in advance of stamp duty on cheque books not to be required
Where under paragraph (iii) of the proviso to section 5(1) of the Stamp Duties Act, 1968 (Act 77 of 1968) the Permanent Secretary has agreed with a banker to accept payment of the stamp duty chargeable in respect of cheques drawn on the banker and the duty is in terms of the agreement payable in advance at the time of issue of cheque books by the banker, he or she shall not be required to make payment of stamp duty in respect of cheque books issued by him or her on or after 1 August 1993.35. Refunds of stamp duty paid in respect of unused cheque forms
36. Repeal of laws
37. Short title and commencement
This Act shall be called the Stamp Duties Act, 1993, and shall come into operation on a date determined by the Minister by notice in the Gazette.History of this document
15 March 2023
01 January 2023 this version
Amended by
Stamp Duties Amendment Act, 2022
01 June 2013
01 January 2012
Amended by
Stamp Duties Amendment Act, 2011
01 September 1993
Amended by
Stamp Duties Amendment Act, 1994
Commenced by
Commencement of the Stamp Duties Act, 1993
25 August 1993
12 August 1993
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Regulations concerning the Demonetization and Withdrawal of a Particular Issue of Stamps, 1990 | Government Notice 13 of 1990 |
Cited documents 10
Legislation 10
Documents citing this one 57
Gazette 21
- Namibia Government Gazette dated 1993-08-25 number 698
- Namibia Government Gazette dated 1993-08-31 number 707
- Namibia Government Gazette dated 1993-11-19 number 747
- Namibia Government Gazette dated 1994-02-28 number 805
- Namibia Government Gazette dated 1994-09-22 number 924
- Namibia Government Gazette dated 1994-11-14 number 968
- Namibia Government Gazette dated 1995-04-18 number 1069
- Namibia Government Gazette dated 1998-03-09 number 1808
- Namibia Government Gazette dated 2000-12-21 number 2451
- Namibia Government Gazette dated 2000-12-27 number 2459
- Namibia Government Gazette dated 2008-12-02 number 4175
- Namibia Government Gazette dated 2011-12-30 number 4861
- Namibia Government Gazette dated 2013-05-31 number 5209
- Namibia Government Gazette dated 2014-01-17 number 5392
- Namibia Government Gazette dated 2017-09-27 number 6420
- Namibia Government Gazette dated 2017-12-12 number 6486
- Namibia Government Gazette dated 2018-08-24 number 6684
- Namibia Government Gazette dated 2019-11-29 number 7068
- Namibia Government Gazette dated 2022-12-29 number 7989
- Namibia Government Gazette dated 2022-12-30 number 7995
- Namibia Government Gazette dated 2023-07-27 number 8155
Judgment 25
- ADIDAS (South Africa ) (Pty) Ltd v Jacobs t/a Streethouse Namibia (HC-MD-CIV-ACT-CON 2339 of 2019) [2020] NAHCMD 81 (6 March 2020)
- Africa Today Building Enterprise Close Corporation v Amupolo Building Construction (Ruling on summary judgment) (HC-MD-CIV-ACT-CON 4545 of 2017) [2018] NAHCMD 218 (13 July 2018)
- Akatama v Muyeghu and Others (HC-NLD-CIV-MOT-GEN 15 of 2018) [2019] NAHCNLD 57 (3 June 2019)
- Anderson Transport (Pty) Ltd v Wings Innovative Solutions and Others (1016 of 2014) [2014] NAHCMD 227 (25 July 2014)
- Aukongo v Shipushu (7 of 2021) [2022] NAHCNLD 1 (12 July 2022)
- Cresta Pandu (Pty) Ltd v Anne and Justin Investments CC and Others (HC-MD-CIV-ACT-CON-2022/05431) [2023] NAHCMD 504 (16 August 2023)
- Denker v Ameib Rhino Sanctuary (Pty) Ltd and Others (SA 15 of 2016) [2017] NASC 44 (22 November 2017)
- Ellis in his Capacity as Trustee of Eldo Trust and Others v Noabeb (3565 of 2013) [2014] NAHCMD 81 (12 March 2014)
- Enkali v Kahuure and Others (3099 of 2015) [2019] NAHCMD 264 (31 July 2019)
- Hamman v Safari Hotels (Pty) Ltd (HC-MD-CIV-ACT-CON- 2286 of 2020) [2021] NAHCMD 73 (16 February 2021)
- Hishekwa v AKA Auto Junction CC and Others (HC-MD-CIV-ACT-CON-2021/04564) [2023] NAHCMD 95 (7 March 2023)
- Jack Tracks SWA (Pty) Ltd v Union Tiles Windhoek (Pty) Ltd (HC-MD-CIV-ACT-OTH- 5012 of 2020) [2021] NAHCMD 383 (9 July 2021)
- Kejarukua v Veziruapi (131 of 2015) [2018] NAHCMD 161 (7 June 2018)
- Kwikform Formwork and Scaffolding (Pty) Ltd T/A Abacus Modular Space Solutions v Highgate Private School (Incorporated Association Not For Gain) (HC-MD-CIV-ACT-CON- 3208 of 2020) [2021] NAHCMD 28 (5 February 2021)
- Lauer v Müller and Another ([P] I 3829 of 2011) [2021] NAHCMD 577 (9 December 2021)
- Master Trading CC v CAPX Finance (Pty) Ltd (HC-MD-CIV-ACT-CON- 3166 of 2019) [2021] NAHCMD 17 (26 January 2021)
- Miller NO and Others v Prosperity Africa Holdings (Pty) Ltd (1) (2182 of 2010) [2013] NAHCMD 255 (17 September 2013)
- Nyamayaro v PZN Panelbeaters CC (HC-MD-CIV-ACT-OTH- 268 of 2019) [2021] NAHCMD 318 (2 July 2021)
- Permanent Secretary of Finance and Another v Shelfco Fifty-one (Pty) Ltd (SA 19 of 2007) [2007] NASC 8 (27 November 2007)
- Rouco Auto Manufacturers v Yeti Panel Manufacturers [2020] NAHCMD 288 (15 July 2020)
- Salamis Island Investments (Pty) Ltd v Penda Express Trading CC and Another (HC-MD-CIV-MOT-GEN-2020/00241) [2023] NAHCMD 324 (14 June 2023)
- Transnamib Holdings Limited v Institute of Management Science CC (HC-MD-CIV-ACT-CON- 4267 of 2020) [2021] NAHC 101 (8 March 2021)
- WS Trading and Investment CC v CAPX Finance Namibia (Pty) Ltd (SA 81 of 2019) [2021] NASC 28 (15 July 2021)
- WUM Properties (Pty) Ltd and Another v Prometheus Investments CC and Others (HC-MD-CIV-ACT-CON- 2927 of 2019) [2021] NAHCMD 364 (11 August 2021)
- Worker Freight Services (Pty) Limited v Transwide Freight CC and Others (1823 of 2016) [2018] NAHCMD 384 (29 November 2018)
Legislation 11
- Abolition of Payment by Cheque Act, 2022
- Banking Institutions Act, 1998
- Banking Institutions Act, 2023
- Electronic Transactions Act, 2019
- Export Processing Zones Act, 1995
- Moratorium on the Payment of Stamp Duty or Transfer Duty in Respect of Rationalisation Schemes Act
- Namibia Revenue Agency Act, 2017
- Namibia Special Risks Insurance Association Act, 2017
- National Housing Development Act, 2000
- Trust Fund for Regional Development and Equity Provisions Act, 2000
- Walvis Bay and Off-shore Islands Act, 1994