Related documents
Public Enterprises Governance Act, 2019
Act 1 of 2019
- Published in Government Gazette 6907 on 17 May 2019
- Assented to on 30 April 2019
- Commenced on 16 December 2019 by Commencement of Public Enterprises Governance Act, 2019
- [This is the version of this document from 17 May 2019 and includes any amendments published up to 12 April 2024.]
Chapter 1
PRELIMINARY PROVISIONS
1. Definitions
2. Declaration of public enterprises
3. Application of Act to bodies that are not public enterprises
The Minister may, with the concurrence of the Minister responsible for Finance, by notice in the Gazette, declare any provision of this Act to apply to any board, committee, fund, trust or any other institution purporting to perform any function under any law, if such institution has acquired or administers money appropriated by Parliament or acquired from a levy imposed by or under a law: Provided that this section does not apply to a local authority or regional council.4. Functions and powers of Minister
5. Confidentiality of information
Chapter 2
APPOINTMENT OF MEMBERS OF BOARD
6. Application of this Chapter
7. Limit on number of appointments on boards of public enterprises
8. Procedure for appointment on board of non-commercial public enterprise or extra-budgetary fund
9. Procedure for appointment on board of commercial public enterprise
10. Temporary board members
Chapter 3
GOVERNANCE OF PUBLIC ENTERPRISES
11. Governance agreement with board
12. Performance agreements with board members individually
13. Integrated strategic business plan
14. Annual business and financial plan
15. Approval of annual budget of public enterprise
16. General provisions relating to business plans and budget
17. Performance agreements of management staff of public enterprises
18. Remuneration of board members and management staff of public enterprises
19. Minister to be notified of significant affecting events
If any event occurs that may prevent, or significantly affect the achievement of the objectives of a public enterprise or any of its subsidiaries, if any, under its integrated strategic business plan or its annual financial plan, or achievement of the targets under those plans, the board must immediately notify the Minister, the Minister responsible for Finance and the relevant Minister of that affecting event and the reasons therefor.20. Duty to furnish information
21. Dividends
The board of a commercial public enterprise must -22. Annual reports of public enterprises
23. Investment policies
24. Obligations concerning subsidiaries
Chapter 4
SPECIAL INVESTIGATIONS
25. Power to direct special investigation
If the Minister (after consultation with the relevant Minister in the case of a non-commercial public enterprise or an extra-budgetary fund) considers it necessary or desirable for any reason, the Minister may direct that a special investigation be conducted in relation to any matter concerning the business, trade, dealings, affairs, assets or liabilities of a public enterprise.26. Appointment of special investigator
The Minister may appoint a staff member or, one or more other persons as special investigators, on such terms and conditions as are determined and specified by the Minister in the instrument of appointment or as varied by a later instrument, to conduct an investigation referred to in section 25.27. Powers of special investigator
28. Publication
Subject to any directions of the Minister, a special investigator may -29. Reports
30. Expenses of special investigation
31. Offences in relation to special investigation
A person who -Chapter 5
RESTRUCTURING OF PUBLIC ENTERPRISES
32. Provisional identification of public enterprise for restructuring
33. Proposal for restructuring
34. Consultation
In formulating a proposed restructuring plan, the designated staff members referred to in section 33(1) must -35. Interim measures
36. Determination of restructuring
The Minister must submit a proposed plan for the restructuring of a provisionally identified public enterprise to the Cabinet for determination.37. Information and reports
The board of a restructuring enterprise must, at a time and manner determined by the Minister, submit to the Minister -Chapter 6
GENERAL PROVISIONS
38. Regulations
39. Limitation of liability
Neither the Minister nor any person engaged in carrying out any provision of this Act, is liable in respect of anything done or omitted in good faith and not attributable to intent or negligence in the exercise of a power or performance of a duty or function under or by virtue of this Act or in respect of anything that may result therefrom.40. Exemptions
Upon application of a public enterprise, and on good cause shown, the Minister may, in consultation with Cabinet, by notice in the Gazette exempt the public enterprise from any of the provisions of this Act.41. Provisions of this Act prevail
The provisions of this Act prevail if a conflict relating to any matter provided for in this Act arises between this Act and the provisions of the establishing law or document of a public enterprise.42. Repeal of laws and savings
43. Short title and commencement
History of this document
16 December 2019
17 May 2019 this version
30 April 2019
Assented to
Cited documents 6
Legislation 6
Documents citing this one 38
Gazette 22
- Namibia Government Gazette dated 1990-10-02 number 81
- Namibia Government Gazette dated 2019-05-17 number 6907
- Namibia Government Gazette dated 2019-12-16 number 7077
- Namibia Government Gazette dated 2020-04-22 number 7185
- Namibia Government Gazette dated 2020-04-28 number 7194
- Namibia Government Gazette dated 2020-07-15 number 7274
- Namibia Government Gazette dated 2020-08-12 number 7305
- Namibia Government Gazette dated 2020-08-14 number 7309
- Namibia Government Gazette dated 2020-10-01 number 7349
- Namibia Government Gazette dated 2020-10-09 number 7356
- Namibia Government Gazette dated 2021-02-01 number 7446
- Namibia Government Gazette dated 2021-04-01 number 7498
- Namibia Government Gazette dated 2021-06-22 number 7559
- Namibia Government Gazette dated 2021-10-01 number 7645
- Namibia Government Gazette dated 2021-10-01 number 7647
- Namibia Government Gazette dated 2021-12-15 number 7701
- Namibia Government Gazette dated 2022-08-08 number 7874
- Namibia Government Gazette dated 2022-09-01 number 7890
- Namibia Government Gazette dated 2023-02-15 number 8031
- Namibia Government Gazette dated 2023-08-22 number 8182
- Namibia Government Gazette dated 2023-11-15 number 8257
- Namibia Government Gazette dated 2024-02-15 number 8307
Judgment 9
- August 26 Holdings (Pty) Ltd and Others v Broad–Based Network and Others (HC-MD-CIV-ACT-CON- 4219 of 2020) [2022] NAHCMD 249 (18 May 2022)
- CRAN v MTC Ltd and Others (SA 82/2022) [2024] NASC 6 (13 March 2024)
- Ekungungu (Pty) Ltd v National Heritage Council of Namibia and Others (HC-MD-CIV-MOT-REV-2021/00103) [2023] NAHCMD 240 (2 May 2023)
- Koopman v Acting Chief Executive Officer NSFAF (SA 63/2021) [2023] NASC 48 (7 December 2023)
- Minister of Agriculture, Water and Forestry & Others v Ngavetene & Others (SA 70 of 2018) [2020] NASC 49 (8 December 2020)
- Mobile Telecommunications Ltd v Communications Regulatory Authority of Namibia (HC-MD-CIV-MOT-GEN 526 of 2020) [2022] NAHCMD 443 (31 August 2022)
- Namibia Broadcasting Corporation v Haushona (HC-MD-LAB-APP-AAA 72 of 2020) [2021] NALCMD 31 (29 June 2021)
- Roads Authority of Namibia v Chairperson: Public Procurement Review Panel and Others (HC-MD-CIV-MOT-REV-2022/00437) [2024] NAHCMD 33 (6 February 2024)
- S v Esau and Another (HC-MD-CRI-APP-CAL 82 of 2020) [2021] NAHCMD 84 (26 February 2021)
Legislation 7
- Communications Act, 2009
- Directives relating to registered business entities and operational matters for retail traders and other businesses
- Financial Institutions and Markets Act, 2021
- Livestock and Livestock Products Act, 1981
- Metrology Act, 2022
- Public Procurement Act, 2015
- Suspension of Operation of Provisions of Certain Laws and Ancillary Matters Regulations