Republic of Namibia
11
Annotated Statutes
Namibian Broadcasting Act 9 of 1991
(ii)
is entitled to so use a television set by virtue of an exemption granted by or
under any regulation; or
(iii)
is entitled to so use a television set by virtue of any permission granted under
a licence issued under subsection (3)(b); or
(iv)
is a person to whom such television set has been hired out or in any other
manner been made available in accordance with a licence issued under
subsection (3)(c), and such television set is so used in accordance with the
conditions subject to which such licence or exemption has been issued or
granted.
(b)
No owner or manager of any business or institution shall in connection with that
business or institution use or grant permission to any other person to use any
television set for the reception of anything broadcast in a broadcasting service,
unless he or she is in possession of a licence issued under subsection (3)(b) or (c)
and such television set is so used in accordance with the conditions subject to
which such licence has been issued.
(c)
No person shall have in his or her possession any television set unless he or she -
(d)
(i)
has such television set in his or her possession at a place where, and in
circumstances in which, he or she, by virtue of an exemption granted by or
under any regulation, is entitled to use it for the reception of broadcasts in a
broadcasting service;
(ii)
he or she is a person to whom such television set is hired out or in any other
manner made available by a radio dealer under a television licence issued to
that radio dealer under subsection (3)(c).
No radio dealer shall sell, give or in any manner supply any television set to any
person, or effect any repairs to any television set for any person, unless that person
is, in terms of this section, entitled to have in his or her possession, or to use, that
television set.
(2) The provisions of subsection (1) shall not apply in relation to any person who
manufactures television sets as a business or who acts in the execution of his or her duties in the
service of such a person, in so far as he or she is in possession of, or uses, any television set
manufactured by him or her, to receive, for the purposes of testing such television set in or on
the premises where it is manufactured or on any other premises approved by the Corporation,
anything broadcast in a broadcasting service.
(3) The Corporation shall, upon an application complying with such requirements as
may be determined by the Corporation or prescribed by regulation, made by any person who, in
respect of his or her use of any television set, is, in terms of subsection (1), required to be in
possession of a licence, issue, on such conditions, if any, and on payment of such fees as may be
prescribed by regulation or, if the period for which a licence is applied for commences on a date
after the commencement of the licensing year, a pro rata part of such fees (a)
a licence conferring upon the holder thereof the right to use a television set or, if at
any time so prescribed by regulation, a number of television sets specified in the
licence during a particular licensing year (i)
at a place specified in the licence; or