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POLICEPOLICE ACT 19 OF 1990
[ASSENTED TO 26 NOVEMBER 1990] [DATE OF COMMENCEMENT: 3 DECEMBER 1990]
(Signed by the President)
as amended by
Police Amendment Act 3 of 1999Police Amendment Act 5 of 2001
ACTTo provide for the establishment, organization and administration of the NamibianPolice Force; to regulate the powers and duties of the Force and to prescribe theprocedures in order to secure the internal security of Namibia and to maintain law andorder; to regulate the discipline, appointment, promotion and discharge of membersof the Force; and to provide for incidental matters.
ARRANGEMENT OF SECTIONS
1Definitions
CHAPTER IESTABLISHMENT, ORGANIZATION AND ADMINISTRATIONOF THE FORCE
2Establishment and composition of the Namibian Police Force3Command of the Force and functions of the Inspector-General3APowers of the Minister 3BRemoval of Inspector-General4Appointment as officers and non-officers and promotion, discharge or demotion of members5Granting of commission6Resignation of officers7Discharge of members on accounts of ill-health8Discharge or reduction in rank of members on account of inefficiency9Discharge of members on account of long absence without leave10Employment of Force in times of emergency11Reserve Police Force12Appointment and discharge of temporary and auxiliary members
CHAPTER IIFUNCTIONS OF FORCE AND POWERS AND DUTIESOF MEMBERS
13Functions of the Force14Powers and duties of members15Right of entry in case of fire16Traffic barriers and cordons
CHAPTER IIIDISCIPLINE
17Contravention of Act by members18Disciplinary proceedings against members19......20Powers of person conducting disciplinary proceedings21Representation at disciplinary proceedings or enquiry22Members absolved from prosecution under other laws after trial under this Act23Suspension of members24Salary, allowances, privileges and benefits of suspended member 
CHAPTER IVGENERAL
25Remuneration of members and conditions of service of certain members26Salary or allowance may not be assigned or attached27Members to place all their time at disposal of State28Missing members29Reward for extraordinary diligence or devotion30Establishment of decorations and medals for members
 
 31Offences in respect of decorations and medals32False representations as to association with Force33Offences in connection with members and membership of Force34Wearing of uniforms, badges or buttons of the Force35Interference with members36Exemption from tolls37Exemption of police clubs from certain taxes, duties and fees38Non-liability for acts done under irregular warrant39Prescription of actions, notification of proceedings, cause of action, and service of certain process40Limitation of liability of the State and members41Delegation of powers, duties and functions42Regulations43President may enter into agreements43ACriminal statistics43BPolice advisory board43CMunicipal Police Service44Application of Act45Repeal or amendment of laws, and savings46Interpretation of laws47Short titleSchedule - Repeal or amendment of laws
1 Definitions
In this Act, unless the context otherwise indicates-
"auxiliary member"
means any auxiliary member referred to in section 12(1)
(b)
;
"Inspector-General"
means the Inspector-General appointed under Article 142 or 32(4)
(c) (bb)
of the Namibian Constitution, as the case may be;
"member"
means an officer and non-officer of the Namibian Police appointed as suchunder section 4(1) and includes, except for the purposes of any provision of this Act inrespect of which the Inspector-General may, subject to the directions of the Minister,otherwise prescribe, any member of the Reserve Force while serving in the Force and anytemporary and auxiliary member;
"Minister"
means the Minister of Home Affairs;
"misconduct"
means-
(a)
any contravention of this Act; or 
(b)
the commission of any other offence;
"prescribe"
or 
"prescribed"
means prescribe or prescribed by regulation, and in thecase of any power exercised by the Inspector-General, prescribe or prescribed by rules;
"regulation"
means any regulation made or in force under this Act;
"Reserve Force"
means the Reserve Police Force referred to in section 11;
"temporary member"
means any temporary member referred to in section 12(1)
(a)
;
"the Force"
means the Namibian Police Force established under section 2; and
"this Act"
includes the regulations, rules and directions made or in force thereunder.
 
CHAPTER IESTABLISHMENT, ORGANIZATION AND ADMINISTRATIONOF THE FORCE (ss 2-12)2 Establishment and composition of the Namibian Police Force
(1) There is hereby established a police force to be known as the Namibian Police andwhich shall, in addition to the Inspector-General, consist of the other officers and non-officersappointed under this Act as members of the Namibian Police and includes, except for thepurposes of any provision of this Act in respect of which the Inspector-General may, subjectto the directions of the Minister, otherwise prescribe, any member of the Reserve Force whileserving in the Force and any temporary and auxiliary member.(2) A person who was a member of the South West African Police immediately before thecommencement of this Act, shall, with due recognition of his or her previous period of serviceas a member of the South West African Police, be deemed to have been appointed under this Act as a member of the Namibian Police, and to have been assigned to the duties inwhich he or she is serving at that date and any training undergone or service performed byany such person in the South West African Police prior to such date shall be deemed to havebeen undergone or performed under this Act.
3 Command of the Force and functions of the Inspector-General
(1) The Inspector-General is in command of the Force and shall perform the functionsentrusted to him or her by this Act.(2) The functions of the Inspector-General shall include the power or duty to-
(a)
develop a plan setting the priorities of policing of the Force;
(b)
determine the fixed establishment of the Force and the number and grading of posts;
(c)
determine the distribution of the numerical strength of the Force;
(d)
organise or reorganise the Force into various components, units and groups;
(e)
establish and maintain training institutions or centres for the training of members;
(f)
determine the type of training that members shall undergo;
(g)
establish and maintain bureaus, depots, quarters, workshops or any other institution whichmay be expedient for the general management, control and maintenance of the Force;
(h)
appoint any member to be in charge of members in any place;
(i)
order any member appointed under paragraph
(h)
to carry out the orders of the Inspector-General in all matters connected with the discipline, internal administration and training of the members in his or her charge;
(j)
perform any act which may be lawfully performed on behalf of the Force; and
(k)
make such rules as he or she may consider expedient for the-(i) efficient command, superintendence and control of the Force;(ii) prevention of dereliction of duty in the Force; and(iii) promotion of efficiency and discipline of members in the Force.(3) The Inspector-General shall submit an annual report to the Minister in such form as theMinister may determine on the exercise of the Inspector-General's powers and theperformance of his or her functions, on the functions and efficiency of the Force, on themaintenance of discipline in the Force and on such other matters as are relevant to policingissues.
[Sec 3 substituted by sec 1 of Act 3 of 1999.]
3A Powers of the Minister 
(1) Notwithstanding anything contained in this Act or any other law, the Minister may, inwriting-
of 00

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