(7) A reference in this section to failure to grant or procure the grant of a licence shall be
construed as including a reference to a failure to grant, or to procure the grant of, a licence
within a reasonable time after being requested to do so.
39 Diffusion service
In a dispute concerning the transmission of broadcasts in a diffusion service in Namibia, the
Tribunal shall disallow a claim under this Act to the extent to which the licences of the
broadcasting organisation concerned provide for or include such transmission in a diffusion
service.
40 Effect of orders of Tribunal and supplementary provisions relating thereto
(1) A person who(a) complies with the conditions of an order made by the Tribunal under this Chapter; or
(b) has given a satisfactory undertaking to the owner or prospective owner of the copyright to
comply with such conditions,
shall be deemed to be the holder of a licence under this Act.
(2) In the exercise of its jurisdiction in respect of licences relating to television broadcasts,
the Tribunal shall have regard inter alia to any conditions imposed by the promoters of any
entertainment or other event which is to be comprised in the broadcasts, and in particular the
Tribunal shall not hold a refusal or failure to grant a licence to be unreasonable if it could not
have been granted consistently with those conditions.
(3) For the purpose of subsection (1), "prospective owner" means a person who shall be
entitled to the copyright, wholly or partially, in a work in which copyright does not yet
subsist or whose entitlement to the copyright which does exist shall become effective upon a
future event.
41 Costs and expenses in respect of proceedings before Tribunal
The Tribunal may order that the costs or expenses of any proceedings before it incurred by a
party shall be paid by any other party, and may tax or settle the amount of any costs or
expenses to be paid under that order or direct the manner in which they are to be taxed.
42 Proof of orders of Tribunal
A document purporting to be a copy of an order of the Tribunal and certified by the Registrar
of the High Court of Namibia to be a true copy of such an order shall in any legal
proceedings be sufficient evidence of the order unless the contrary is proved.
43 Appeals against orders or decisions of Tribunal
(1) A party to proceedings before the Tribunal may appeal against an order or decision of the
Tribunal pursuant to such proceedings.
(2) Every appeal shall be noted and prosecuted in the manner prescribed by law for appeals
against a judgement or order of a single judge of the High Court of Namibia sitting as a court
of first instance, and section 18 of the High Court Act, 1990 (Act 16 of 1990) and section 14
of the Supreme Court Act, 1990 (Act 15 of 1990) shall apply mutatis mutandis.