General Law Amendment Act 139 of 1992

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139 of 1992

The General Law Amendment Act 139 of 1992 intends:

  • to provide that the advantage which is required so as to constitute the common law crime of extortion, may also be of a non-patrimonial nature;
  • to provide for the disposal of certain money by the Minister of Mineral and Energy Affairs;
  • to amend the Insolvency Act, 1936, so as to delete obsolete references, to grant a preferential claim to the State in respect of value-added tax owing to the State, and to provide that the amounts payable out of an insolvent estate in respect of remuneration be determined by notice in the Gazette;
  • to amend the Sexual Offences Act, 1957, so as to extend the category persons deemed to keep a brothel, and to abolish the application of the Act in respect of Namibia;
  • to amend the Administration of Estates Act, 1965, so as to provide that an executor who is a practising conveyancer may receive remuneration for certain work performed by him;
  • to provide for a temporary suspension of the provisions of the Prohibition of Foreign Financing of Political Parties Act, 1968;
  • to amend the Legal Aid Act, 1969 [repealed in March 2015]], so as to effect a consequential amendment arising from the Legal Aid Amendment Act, 1991;
  • to amend the Prescription Act, 1969, so as to effect certain consequential amendments as a result of the attainment of independence by Namibia;
  • to amend the Criminal Procedure Act, 1977, so as
    • to delete a reference in a charge-sheet or an indictment to an accused's race, to further regulate an objection to a charge and the furnishing of particulars or further particulars in connection with a charge, and to provide that a punishment of correctional supervision may be imposed in respect of any offence;
    • to amend the law of criminal procedure so as to empower the Minister of Justice to refer certain cases to the Appellate Division of the Supreme Court;
  • to amend the Registration of Newspapers Amendment Act, 1982, so as to repeal the power of the Minister of Home Affairs to cancel the registration of a newspaper under certain circumstances; 
  • to amend the Admiralty Jurisdiction Regulation Act, 1983, so as to make a technical correction;
  • to amend the Small Claims Courts Act, 1984, so as to further regulate the indemnity for liability in respect of assistance rendered in good faith by clerks of the court or legal assistants and to delete an obsolete provision;
  • to amend the Rules Board for Courts of Law Act, 1985, so as to further regulate the Board's power to make rules;
  • to amend the Sheriffs Act, 1986, so as to provide that interest on moneys held in trust by sheriffs shall, subject to the provisions of a written directive, be paid to the Fidelity Fund for Sheriffs;
  • to amend the Mediation in Certain Divorce Matters Act, 1987, so as to empower a court to condone non-compliance with any provision of a regulation;
  • to amend the Judges' Remuneration and Conditions of Employment Act, 1989 [repealed in 2001], so as to further regulate the remuneration of a judge after discharge from active service and to provide that the gratuity payable to such a judge is not taxable;
  • to amend the Judicial Matters Amendment Act, 1991, so as to regulate the granting of default judgments by registrars;
  • to amend the Upgrading of Land Tenure Rights Act, 1991, so as to make other provision in connection with the conversion of certain quitrent titles into ownership;
  • to amend the Prevention of Public Violence and Intimidation Act, 1991, so as to provide for the granting of pro Deo legal aid to certain witnesses;
  • to amens the Law of Succession Amendment Act, 1992, so as
    • to effect an emendment of the text;
    • to provide that certain land shall be deemed to be situated in a declared area as contemplated in the Housing Development Act (House of Delegates), 1987;
    • to repeal certain obsolete laws; and
  • to provide for matters connected therewith.

Commencement

  • 7 August 1992, Sections 1, 3, 5, 6, 7, 9-19, 21-30, 34 (Gazette 14218 of 7 August 1992)
  • 1 October 1992, Section 32 (Gazette 14312 of 24 September 1992)
  • 9 October 1992, Sections  2, 4, 20, 31 and 33 (Gazette 14330 of 9 October 1992)
  • 1 January 1993, Section 8 (Gazette 14510 of 30 December 1992)

Amendments

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