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Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
circumstances of the case any delay may prejudice the purpose for which the search is
carried out.
(5)
A person who removes anything from premises being searched must
(a)
issue a receipt for it to the owner of, or person in control of, the
premises; and
(b)
return it as soon as practicable after achieving the purpose for which it
was removed.
(6)
If the owner or person in control of an article or document refuses
to allow the inspector conducting a search to inspect that article or document, the
inspector may request the registrar or sheriff of the High Court, or the messenger of the
magistrate’s court of the area of jurisdiction where the premises are situated, to attach
and remove the article or document for safe custody until a competent court determines
whether or not the information is privileged.
Investigation of offences
127.
(1)
An inspector who is investigating any offence under this Act
may request a police officer to accompany him or her while he or she is conducting such
investigation.
(2)
A police officer requested to accompany an inspector as contemplated
in subsection (1), must accompany such inspector and may exercise any power vested in
him or her by any law in the presence of that inspector: Provided that the police officer
concerned may not search a person in the presence of the inspector concerned if that
person is not the same gender as the inspector concerned.
Expropriation
128.
(1)
(a)
the holder of a telecommunications licence to which part 5 of Chapter
V applies; and
(b)
the holder of a broadcasting licence (except the Namibian Broadcasting
Corporation established by section 2 of the Namibian Broadcasting
Act, 1991 (Act No. 9 of 1991)),
Notwithstanding anything to the contrary contained in any law –
may, with the approval of the Cabinet and subject to such conditions as the Cabinet may
impose, by expropriation acquire any land or any right in, over or in respect of land as
the licensee may require, in the public interest, that is necessary for the rendering of
telecommunications or broadcasting services and to which part 5 do not apply.
(2)
The Cabinet may under subsection (1) grant approval to a licensee only
if the Cabinet is satisfied, after considering a report by the Authority –
(a)
that the licensee has been unable to acquire the land or right concerned
on reasonable terms, other than terms relating to compensation, by
agreement with the owner;