REGIONAL COUNCILS ACT 22 OF 1992
[ASSENTED TO 28 AUGUST 1992] [DATE OF COMMENCEMENT: 31 AUGUST 1992except the repeal of sec 2 and sec 45(1) which comein operation on 17 October 1992.]
(Signed by the President)
ACTas amended by
Regional Councils Amendment Act 17 of 1997Regional Councils Amendment Act 30 of 2000Regional Councils Amendment Act 12 of 2002
To establish regional councils in respect of regions determined in accordance withArticle 103 of the Namibian Constitution; to provide for the election by regionalcouncils of members of the National Council; and to define the rights, powers, dutiesand functions of such regional councils; and to provide for incidental matters.
ARRANGEMENT OF SECTIONSINTRODUCTORY PROVISIONS
1Definitions
PART IESTABLISHMENT AND CONSTITUTION OF REGIONAL COUNCILS
2Establishment of regional councils3Seats of regional councils4Constitution of regional councils5Appointment of delimitation commission for purposes of changes to boundaries of regions or creation of newregions, or division or re-division of regions into constituencies
PART IIQUALIFICATIONS OF, AND DATES FOR ELECTlONS FOR, MEMBERS OF REGIONALCOUNCILS, AND MEETINGS OF REGIONAL COUNCILS
6Qualifications of members of regional councils7Dates for elections for members of regional councils8Periods of office of members of regional councils9Oath by, and code of conduct for, members of regional councils10Vacation of office by members of regional councils, and filling of casual vacancies11Meetings of regional councils12Minutes of meetings13Inspection of, copies of and extracts from, minutes14Validity of certain decisions taken by regional councils and acts performed on authority of regional councils15Remuneration, allowances and benefits of members of regional councils16Contracts with, and work for, regional councils in which members are interested17Prohibited practices in respect of members of regional councils
PART IIIMANAGEMENT COMMITTEES OF REGIONAL COUNCILS
18Management committees of regional councils18APowers, duties and functions of chairperson19Manner of elections for chairperson and members of management committees20Vacation of office by members of management committees and filling of casual vacancies21Meetings of management committees22Powers, duties and functions of management committees
PART IVCHIEF REGIONAL OFFICERS AND OTHER STAFF MEMBERS OF REGIONAL COUNCILS
23Appointment of chief regional officers and other staff members by regional councils24Application of Act 2 of 1980 to regional councils and chief regional officers and other staff members of regional councils24A to 24C inclusive......25Appointment of chief regional officers or other staff members or persons in service of State withoutinterruption of service in service of other regional councils
PART VELECTIONS FOR MEMBERS OF NATIONAL COUNCIL
26Elections for members of National Council by regional councils27Manner of elections for members of National Council by regional councils
PART VIPOWERS, DUTIES, FUNCTIONS, RIGHTS AND OBLIGATIONS OF REGIONALCOUNCILS
28Powers, duties, functions, rights and obligations of regional councils29Delegation of powers by President to regional councils, and by regional councils to managementcommittees or chief regional officers or other staff members30Agreements between regional councils or regional councils and Government of Namibia or local authoritycouncils in relation to exercise or performance of powers, duties and functions of regional councils,Government or local authority councils
PART VIISETTLEMENT AREAS
31Declaration of certain areas in regions as settlement areas32Management and control of settlement areas
PART VIIIFINANCIAL MATTERS
33Funds of regional councils34Accounting officers of regional councils35Financial year of regional councils36Estimates of revenue and expenditure of regional councils37Application of funds of regional councils38Auditing of accounting records of regional councils39Accounting records of regional councils40Financial statements and audit reports
PART IXGENERAL PROVISIONS
41Public meetings for purposes of discussion of matters of public interest42Meetings of regional councils for purposes of discussion of matters of mutual interest43Service of documents44Offences relating to regional councils44ARegulations by regional councils44BRegulations by Minister 45Repeal and amendment of laws46Short title and commencementSchedule 1 - Regions in respect of which regional councils have been established and seats of regionalcouncilsSchedule 2 - Number of members of regional councils and constituencies of regional councils
INTRODUCTORY PROVISIONS (s 1)1 Definitions
In this Act, unless the context indicates otherwise-
"chairperson"
means the Governor of a regional council referred to in section 18;
"chief regional officer"
means the chief regional officer of a regional council appointedunder section 23;
[Definition of "chief regional officer" inserted by sec 1
(a)
of Act 12 of 2002.]
"decentralisation"
......
[Definition of "decentralisation" inserted by sec 1
(a)
of Act 30 of 2000 and deleted by sec 1
(b)
of Act 12 of 2002.]
"establishment"
......
[Definition of "establishment" inserted by sec 1
(a)
of Act 30 of 2000 and deleted by sec 1
(c)
of Act 12 of 2002.]
"Line Ministry"
......
[Definition of "Line Ministry" inserted by sec 1
(a)
of Act 30 of 2000 and deleted by sec 1
(d)
of Act 12 of 2002.]
"local authority council"
means a local authority council as defined in section 1 of theLocal Authorities Act, 1992;
"management committee"
means the management committee of a regional councilestablished by section 18;
"magistrate"
includes any additional magistrate or assistant magistrate;
"Minister"
means the Minister of Local Government and Housing;
"organisational component"
......
[Definition of "organisational component" inserted by sec 1
(b)
of Act 30 of 2000 and deleted by sec 1
(e)
of Act 12 of 2002.]
"recruitment committee"
......
[Definition of "recruitment committee" inserted by sec 1
(b)
of Act 30 of 2000 and deleted by sec 1
(f)
of Act12 of 2002.]
"region "
means the region in respect of which a regional council has been establishedand which is specified in column 2 of Schedule 1;
"regional council"
means a regional council established under section 2;
"regional officer"
......
[Definition of "regional officer" deleted by sec 1
(g)
of Act 12 of 2002.]
"regulation"
means a regulation made under this Act;
[Definition of "regulation" inserted by sec 1
(c)
of Act 30 of 2000.]
"settlement area"
means a settlement area declared under section 31;
"staff member"
means any person employed permanently or temporarily on a full-time or part-time basis or under a contract of employment, in a post on or additional to theestablishment of a regional council, and includes a chief regional officer;
[Definition of "staff member" added by sec 1
(d)
of Act 30 of 2000 and substituted by sec 1
(h)
of Act 12 of 2002.]
"this Act"
includes the regulations.
[Definition of "this Act" added by sec 1
(d)
of Act 30 of 2000.]
PART IESTABLISHMENT AND CONSTITUTION OF REGIONAL COUNCILS (ss 2-5)2 Establishment of regional councils
(1) There shall be a regional council for every region specified in column 2 of Schedule 1,to be known as the regional council for that region.(2) The boundaries of a region shall-
(a)
in the case of a regional council established by this section on the date of commencement of this Act, be the boundaries which have been established by the President in terms of theprovisions of Article 137(4) of the Namibian Constitution by Proclamation 6 of 1992; or
(b)
in the case of a region of which the boundaries have been changed, or of a new regioncreated, in terms of Article 103(2) of the Namibian Constitution after the commencement of
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