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Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
(a)
warning the broadcasting licensee;
(b)
directing the licensee to effect a programme change within a period not
longer than thirty days from the date of receipt of the direction;
(c)
directing the licensee to disclose, free of charge and in such manner as
the Authority may direct, the finding of the Authority;
(d)
directing the licensee to broadcast a counter-version in accordance with
the provisions of the broadcasting code;
(e)
suspending the broadcasting licence for a period determined by the
Authority; or
(f)
withdrawing the broadcasting licence,
or it may take any other action authorised by this Act.
(3)
Whenever the Authority orders the withdrawal of a broadcasting
licence under paragraph (f) of subsection (2), it must cause a notice to be published in
the Gazette containing details of such order.
Furnishing of financial statements
91.
(1)
Every licensee must, within 60 days after the end of such
licensee’s financial year, submit his or her audited financial statements to the
Authority.
(2)
The auditing of the financial statements referred to in subsection (1)
must be carried out by a person who is registered as an accountant and auditor in terms
of the Public Accountants’ and Auditors’ Act, 1951 (Act No. 51 of 1951).
Broadcasting licences issued under Act 4 of 1992
92.
(1)
A broadcasting licence issued under the Namibian
Communications Commission Act, 1992 (Act No. 4 of 1992), is, subject to subsection
(2), deemed to be a licence issued under this Chapter and any condition imposed on the
holder of such a licence is deemed to be a condition imposed under this Chapter.
(2)
The Authority must within six months from the commencement of this
Act, review all existing broadcasting licences and must issue a broadcasting licence in
the appropriate category to the licensee in question.
Application of this chapter to Namibian Broadcasting Corporation
93.
(1)
Until a date determined by the Minister by notice in the Gazette,
this chapter does not apply to the Namibian Broadcasting Corporation established by
section 2 of the Namibian Broadcasting Act, 1991 (Act No. 9 of 1991), or in respect of
the broadcasting activities carried on by that Corporation.
(2)
Before the date determined in terms of subsection (1), the broadcasting code
must be amended in consultation with the Minister after having followed a rule-making
procedure in order to prescribe appropriate obligations with which a public broadcaster
must comply.