No. 4907
Government Gazette 23 March 2012
Act No. 1, 2012
111
INDUSTRIAL PROPERTY ACT, 2012
as contemplated in subsection (2), designate one or more judges or acting judges of
the court to exercise the powers and perform the functions and duties conferred on the
Tribunal by this Act.
Oath of office
216. A member of the Tribunal appointed in terms of section 215(2) may not
perform any function as such a member unless he or she has taken an oath or made an
affirmation, which must be subscribed to by him or her, in the form as is prescribed.
Right of audience
217.
In any proceedings before the Tribunal under this Act –
(a)
the parties to such proceedings may appear in person or be represented
by an agent as contemplated in section 211(4) read with section 212;
and
(b)
where the Tribunal deems fit, it may grant to the Registrar leave to
intervene, and the Registrar may thereafter appear or be represented as
provided in paragraph (a).
Assessors
218. (1)
The Tribunal may appoint any person with special expert
knowledge to act as an assessor in an advisory capacity in any case where it appears to
the Tribunal that such knowledge is required for the proper determination of the case.
(2)
The Minister may prescribe the terms and conditions applicable to the
appointment of assessors, and the remuneration payable to assessors.
(3)
The Tribunal must give due consideration to, but is not bound by, the
opinion of any assessor.
Secretary of Tribunal
219. (1)
The Minister must, subject to the Public Service Act 1995 (Act
No 13 of 1995), appoint a staff member to be the secretary of the Tribunal who is in
charge of the administrative functions of the Tribunal.
(2)
The Minister may in like manner appoint such other staff members as
may be necessary to assist the secretary in the performance of his or her functions.
Seat and jurisdiction of Tribunal
220.
(1)
The seat of the Tribunal is Windhoek, but the functions of the
Tribunal may be performed at any such place in Namibia as the chairperson of the
Tribunal may determine.
(2)
The Tribunal has jurisdiction to -