[a3y1952]RADIO ACT 3 OF 1952
[ASSENTED TO 5 MARCH 1952][DATE OF COMMENCEMENT: 1 JANUARY 1953
but applicable in Namibia only with effect
from 1 October 1969 by Act 93 of 1969]
(Signed by the President)
as amended by
General Law Amendment Act 68 of 1957
Radio Amendment Act 51 of 1962
Radio Amendment Act 90 of 1963
Post Office Re-adjustment Act 67 of 1968
Radio Amendment Act 93 of 1969
Radio Amendment Act 50 of 1974
General Law Amendment Act 57 of 1975
Broadcasting Act 73 of 1976
Radio Amendment Act 2 of 1978
Namibian Broadcasting Act 9 of 1991
Namibian Communications Commission Act 4 of 1992
Posts and Telecommunications Companies Establishments Act 17 of 1992
GENERAL NOTE:
S. 9 of 17 of 1992 substituted in general "Commission" for "Postmaster-General".
ACT
To consolidate and amend the laws relating to the control of radio activities in the Republic and matters incidental thereto.
ARRANGEMENT OF SECTIONS
1Definitions
2Control of radio activities
3Radio Advisory Board
4......
5Prohibition of transmission or reception by radio and carrying on of certain other radio activities without licence or certificate
6Erection maintenance possession or sale of radio apparatus without permit or licence is prohibited
7Issue of licences and certificates
8Fees payable in respect of licences, certificates or authorities
8A......
9Duration of licences, certificates and authorities
10Production of licences, certificates, permits or authorities for inspection
11Permit for possession of radio apparatus
12Duties of radio dealer
13......
14Suspension or cancellation of licences, permits or certificates issued under this Act
15Disposal of moneys
16Powers of authorised persons
17......
17ADelegation of powers
17B......
18Regulations
19Penalties
19AApplication in South-West Africa
20Repeal of laws
21Short title
First Schedule
Second Schedule
Third Schedule - Laws repealed
[a3y1952s1]1Definitions
In this Act, unless inconsistent with the context,
"sound radio set", "television set", "listener's licence", "television licence" and "broadcasting service" shall have the meanings assigned thereto in the Namibian Broadcasting Act, 1991
"broadcasting licence" ......
[Definition of "broadcasting licence" inserted by sec 1(b) of Act 2 of 1978 and deleted by sec 3 of Act 4 of 1992.]
"Commission" means the Namibian Communications Commission establish section 2 of the Namibia Communications Commission Act, 1992 (Act 4 of 1992);
[Definition of "Commission" inserted by sec 9 of Act 17 of 1992.]
"broadcasting service" ......
[Definition of "broadcasting service" deleted by sec 32(1) of Act 73 of 1976.]
"concessionary listener's licence" ......
[Definition of "concessionary listener's licence" inserted by sec 1(a) of Act 93 of 1969 and deleted by sec 32(1) of Act 73 of 1976.]
"land mobile service" ......
[Definition of "land mobile service" deleted by sec 1(a) of Act 2 of 1978.]
"listener's licence" ......
[Definition of "listener's licence" inserted by sec 1(b) of Act 93 of 1969, substituted by sec 14(a) of Act 57 of 1975 and deleted by sec 32(1) of Act 73 of 1976.]
"listener's licence year" ......
[Definition of "listener's licence year" inserted by sec 1(b) of Act 93 of 1969 and deleted by sec 32(1) of Act 73 of 1976.]
"maritime mobile service" ......
[Definition of "maritime mobile service" deleted by sec 1(a) of Act 2 of 1978.]
"Minister" means the Minister of Information and Broadcasting
[Definition of "Minister" substituted by sec 30 of Act 4 of 1992 and by sec 9 of Act 17 of 1992.]
"radio" means electromagnetic waves of frequencies lower than 3 000 GHz propagated in space without an artificial conductor;
[Definition of "radio" inserted by sec 1(c) of Act 2 of 1978.]
"radio apparatus" means any radio receiving or transmitting set which is capable of transmitting by radio any sound, image or signal, except any article which the Minister from time to time declares by notice in the Gazette not to be a radio apparatus for the purposes of this Act, and includes, for the purposes of section 7(1)(b), a television set;
[Definition of "radio apparatus" amended by sec 1 of Act 51 of 1962 and substituted by sec 34(1) of Act 9 of 1991.]
"radio dealer" means the holder of a radio dealer's registration certificate issued under section 7;
[Definition of "radio dealer" inserted by sec 1(d) of Act 2 of 1978.]
"regulation" means a regulation made under section eighteen;
"sound radio set" ......
[Definition of "sound radio set" inserted by sec 14(b) of Act 57 of 1975 and deleted by sec 32(1) of Act 73 of 1976.]
"station" means a separate radio receiving or transmitting set or a combination of radio receiving or transmitting sets, including the accessory equipment required for carrying on a specific radiocommunication service;
"television licence" ......
[Definition of "television licence" inserted by sec 14(c) of Act 57 of 1975 and deleted by sec 32(1) of Act 73 of 1976.]
"television set" ......
[Definition of "television set" inserted by sec 14(c) of Act 57 of 1975 and deleted by sec 32(1) of Act 73 of 1976.]
"this Act" includes the regulations.
[Sec 1 amended by sec 32(1) of Act 73 of 1976.]
[a3y1952s2]2Control of radio activities
Radio Activities within Namibia shall, subject to the provisions of the Act, the Namibian Broadcasting Act, 1991 and the Namibian Communications Commission Act, 1992, be under the control of the Commission who shall, subject to the control and direction of the Minister, exercise the powers and perform the functions conferred or impose upon the Commission by the Act.
[Sec 2 amended by sec 34 of Act 9 of 1991 and substituted by sec 30 of Act 4 of 1992.]
[a3y1952s3]3Radio Advisory Board
(1) The Minister may appoint a board which shall be known as the Radio Advisory Board to advise the Commission on matters relating to the control of radio activities within the Republic.
(2) The board shall consist of such members as may be appointed by the Minister.
[Subsec (2) substituted by sec 9 of Act 17 of 1992.]
[a3y1952s4]4......
[Sec 4 deleted by sec 9 of Act 17 of 1992]
[a3y1952s5]5Prohibition of transmission or reception by radio and carrying on of certain other radio activities without licence or certificate
(1) No person shall transmit by radio any sound, image, sign or signal, or do or permit to be done anything for the doing of which a licence, certificate or authority is required in terms of this Act, unless he is in possession of the appropriate licence, certificate or authority so required in addition to any other licence or certificate which may be prescribed by any other law except the Namibian Communications Commission Act for the transmission undertaken by him or for the doing of that thing.
[Subsec (1) substituted by sec 2 of Act 2 of 1978 and amended by sec 34 of Act 9 of 1991 and sec 30 of Act 4 of 1992.]
(2) ......
(3) ......
(4) ......
(5) ......
[Subsecs (2) to (5) deleted by sec 34 of Act 9 of 1991.]
[a3y1952s6]6Erection maintenance possession or sale of radio apparatus without permit or licence is prohibited
(1) No person shall have in his possession any radio apparatus unless-
(a)he is in possession of a permit issued under section 11 in respect of such radio apparatus or of the appropriate licence required in terms of this Act or of a radio dealer's registration certificate referred to in section 7(1)(b); or
[Para (a) substituted by sec 3(h) of Act 2 of 1978 and amended by sec 34 of Act 9 of 1991.]
(b)......
(c)......
[Paras (b) and (c) deleted by sec 34 of Act 9 of 1991.]
(2) No person shall sell, give or in any manner whatever supply any radio transmitting set to any other person unless he is the holder of a radio dealer's registration certificate issued under section seven or unless he is in possession of a permit issued by the Commission.
[Subsec (2) substituted by sec 32(1) of Act 73 of 1976.]
(3) No fees shall be payable for a permit issued under subsection (2).
(4) ......
[Subsec (4) deleted by sec 34 of Act 9 of 1991.]
(5) If the Commission is satisfied that radio apparatus, other than a sound radio set or a television set, found in any person's possession, is in the possession of such person in contravention of the provisions of this Act, he may seize and detain such radio apparatus until possession thereof is authorized in terms of this Act or until the court issues an order in terms of section 19 with reference to that apparatus and that apparatus is disposed of in accordance with such order.
[Subsec (5) added by sec 3(c) of Act 2 of 1978.]
(6) Any person who is aggrieved as a result of such seizure shall have the right to appeal to the Minister against any such seizure, and the Minister may either confirm the seizure or order that the apparatus that has been seized, be returned to the person concerned.
[Subsec (6) added by sec 3(c) of Act 2 of 1978.]
[a3y1952s7]7Issue of licences and certificates
(1) Subject to the provisions of section 34(3) of the Namibian broadcasting Act, 1991 and subsection (2) of this section, the Commission may, on such conditions as he may in any case specially prescribe or as may be generally prescribed by regulation, and against payment of the fees prescribed by regulation, if any-
(a)issue to any person approved by him a licence conferring upon such person the right to use, or cause any person in his employ or under his control to use, a station for any purpose prescribed by regulation;
(b)issue to any person a radio dealer's registration certificate conferring upon such person the right to follow a trade or carry on business in a shop, store or any other place whereby radio apparatus is bought, sold, leased or exchanged, or is offered or displayed for sale, lease or exchange, or is repaired;
(c)issue a certificate of proficiency to any person who passes the examinations referred to in subsection (4) or who qualifies therefor under the regulations, to use a station for any purpose prescribed in terms of paragraph (a), or to maintain a station in a category which may in terms of the regulations only he maintained by the holder of such a certificate;
(d)issue to any person approved by him and who is the holder of a certificate referred to in paragraph (c), an authority conferring upon such person the right to use any station which under the conditions of any licence issued under this Act or any other law, or under the provisions of the regulations or any other law, may only be used by the holder of such an authority:
Provided that this subsection shall not be construed as authorizing the Commission to issue a broadcasting licence in respect of which the provisions of the Namibian Communications Commission Act, 1992 apply.
[Subsec (1) substituted by sec 4(1)(a) of Act 2 of 1978 and amended by sec 34 of Act 9 of 1991 and by sec 30 of Act 4 of 1992.]
(2) ......
[Subsec (2) amended by sec 34 of Act 9 of 1991 and deleted by sec 30 of Act 4 of 1992.]
(3) Every licence issued under this section and every television licence shall be subject to the condition that the holder thereof shall observe the provisions of any international telecommunication convention to which the Republic is a party, and of the regulations framed in terms thereof.
[Subsec (3) amended by sec 34 of Act 9 of 1991.]
(4) The Commission may conduct examinations, or cause examinations to be conducted, to determine the proficiency of any person to use a station for any purpose prescribed in terms of paragraph (a) of subsection (1) or to maintain such station.
[Sec 7 amended by sec 5 of Act 93 of 1969 and by sec 16 of Act 57 of 1975 and substituted by sec 32(1) of Act 73 of 1976 and subsec (4) added by sec 4(1)(c) of Act 2 of 1978.]
[a3y1952s8]8Fees payable in respect of licences, certificates or authorities
The fees, if any, payable to the Commission in respect of any licence, certificate or authority referred to in section 7, shall be prescribed by regulation: Provided that, when appropriate licences are issued for the operation of a radiocommunication service and, in the opinion of the Commission, normal telecommunication facilities are available between the points where the particular radiocommunication service will be conducted, the Commission may from time to time levy on the licensee an annual fee over and above the prescribed licence fees, which fee shall be based upon the average amount which, according to the Commission's estimate, the licensee would have paid for normal telecommunication services if the licensee had made use of such services.
[Sec 8 amended by sec 2 of Act 51 of 1962, substituted by sec 6 of Act 93 of 1969, amended by sec 17 of Act 57 of 1975 and by sec 32(1) of Act 73 of 1976 and substituted by sec 5 of Act 2 of 1978.]
[a3y1952s8A]8A......
[Sec 8A inserted by sec 7 of Act 93 of 1969, substituted by sec 18 of Act 57 of 1975 and repealed by sec 32(1) of Act 73 of 1976.]
[a3y1952s9]9Duration of licences, certificates and authorities
Subject to the provisions of section 14 of this Act and section 34(3) of the Namibian Broadcasting Act, 1991 any licence referred to in section 7 shall be valid for the period prescribed by regulation or for such shorter period as may be determined by the Commission in any particular case and shown on the licence at the time of the issue thereof, and any certificate or authority referred to in section 7 shall remain of force and effect for an indefinite period.
[Sec 9 amended by sec 8(1) of Act 93 of 1969, by sec 19 of Act 57 of 1975 and by sec 32(1) of Act 73 of 1976 and substituted by sec 6 of Act 2 of 1978 and amended by sec 34 of Act 9 of 1991.]
[a3y1952s10]10Production of licences, certificates, permits or authorities for inspection
Every person who is by the provisions of this Act required to possess any licence, certificate, permit or authority shall produce his licence, certificate, permit or authority for inspection on demand by any member of the South African Police or by any officer in the public service duly authorized by the Commission to make such demand.
[Sec 10 substituted by sec 7 of Act 2 of 1978.]
[a3y1952s11]11Permit for possession of radio apparatus
(1) The Commission may grant to any person a permit for a limited period for the possession by such person of any radio apparatus on condition that such apparatus is not during such period used for the purpose of transmission and may in his discretion seal that apparatus in order to prevent the use thereof for the purpose of transmission
[Subsec (1) substituted by sec 8(a) of Act 2 of 1978 and amended by sec 34 of Act 9 of 1991.]
(2) No fees shall be payable in respect of a permit or sealing referred to in subsection (1).
[Subsec (2) substituted by sec 8(b) of Act 2 of 1978.]
(3) ......
[Subsec (3) added by sec 32 of Act 20 of 1978 and deleted by sec 34 of Act 9 of 1991.]
[a3y1952s12]12Duties of radio dealer
(1) No radio dealer shall sell, hire out, give or in any manner supply any radio apparatus to any person, or effect any repairs to any radio apparatus for any person, unless that person is in terms of section 6(1) entitled to have that radio apparatus in his possession.
(2) Every radio dealer shall, in respect of any radio apparatus which belongs to a category prescribed by regulation and which has been sold, hired out, given or in any manner supplied by him to, or repaired by him for, any person-
(a)complete or make at such times and in such manner, and retain for such period, such registers or other records as may be prescribed by regulation; and
(b)make and send to the Namibian Broadcasting Corporation such copies of or extracts from those registers or records, at such times and in such manner as may be so prescribed.
[Sec 12 substituted by sec 1 of Act 90 of 1963, by sec 9 of Act 93 of 1969 and by sec 32(1) of Act 73 of 1976 and amended by sec 34 of Act 9 of 1991.]
[a3y1952s13]13......
[Sec 13 substituted by sec 2 of Act 90 of 1963 and repealed by sec 10 of Act 93 of 1969.]
[a3y1952s14]14Suspension or cancellation of licences, permits or certificates issued under this Act
(1) Notwithstanding anything to the contrary in this Act contained, the Commission may at any time after due enquiry and after written notice to the holder, suspend or cancel any licence, permit, certificate or authority issued under this Act if he is satisfied that such suspension or cancellation is necessary under the circumstances, and may in his discretion seal radio apparatus to which a suspended licence relates in order to prevent the use thereof during such suspension.
[Subsec (1) amended by sec 32(1) of Act 73 of 1976 and substituted by sec 9(a) of Act 2 of 1978.]
(2) ......
[Subsec (2) deleted by sec 32(1) of Act 73 of 1976.]
(3) No holder of a licence, certificate or authority shall upon the suspension or cancellation of his licence, certificate or authority in terms of subsection (1), be entitled to any refund of any fees paid in respect of such licence, certificate or authority.
[Subsec (3) substituted by sec 9(b) of Act 2 of 1978.]
(4) A person whose licence is suspended in terms of subsection (1) shall during the period of suspension of his licence be deemed for the purposes of this Act, other than for the purposes of section six, not to be the holder of such licence.
(5) Any person who is aggrieved by the suspension or cancellation of his licence, permit, certificate or authority by the Commission in terms of subsection (1), shall in addition to any right of review by the court have the right to appeal to the Minister against such suspension or cancellation and the Minister may either confirm the suspension or cancellation or restore the licence, permit, certificate or authority to the person concerned.
[Subsec (5) substituted by sec 9(c) of Act 2 of 1978.]
[a3y1952s15]15Disposal of moneys
(1) All moneys collected under this Act shall be paid into the State Revenue Fund.
[Subsec (1) substituted by sec 1 of Act 50 of 1974 and by sec 9 of Act 17 of 1992.]
(2) ......
[Subsec (2) substituted by sec 20 of Act 57 of 1975 and repealed by sec 32(1) of Act 73 of 1976.]
(3) ......
[Sec 15 substituted by sec 14 of Act 67 of 1968 and by sec 11(1) of Act 93 of 1969.]
[Subsec (3) repealed by sec 32(1) of Act 73 of 1976.]
[a3y1952s16]16Powers of authorised persons
Any person in the service of the State duly authorised thereto by the Commission may at all reasonable times-
(a)inspect the records referred to in section 12 and make such extracts therefrom as he may deem necessary;
(b)inspect the plant and apparatus used by any person licensed or authorized under this Act or the Namibian Broadcasting Act, 1991, to transmit by radio, or possessed by any person under a permit granted in terms of section 11 or under a radio dealer's registration certificate referred to in section 7(1)(b);
[Para (b) substituted by sec 10(a) of Act 2 of 1978 and amended by sec 34 of Act 9 of 1991.]
(c)inspect any licence, certificate, permit or authority issued to any person under this Act or the Namibian Broadcasting Act, 1991;
[Para (c) substituted by sec 10(b) of Act 2 of 1978 and amended by sec 34 of Act 9 of 1991.]
(d)inspect any plant and apparatus which are or are suspected to be in the possession of or used by any person in contravention of this Act.
[Sec 16 substituted by sec 12 of Act 93 of 1969.]
[Para (d) added by sec 10(c) of Act 2 of 1978.]
[a3y1952s17]17......
[Sec 17 substituted by sec 3 of Act 51 of 1962 and repealed by sec 11 of Act 2 of 1978.]
[a3y1952s17A]17ADelegation of powers
(1) The Commission may delegate any power conferred on it by this Act to any employee of Namibia Post Limited or Telecom Namibia Limited established by section 2 of the Posts and Telecommunications Companies Establishment Act, 1992.
[Subsec (1) substituted by sec 9 of Act 17 of 1992.]
(2) ......
[Subsec (2) substituted by sec 21 of Act 57 of 1975 and repealed by sec 32(1) of Act 73 of 1976.]
(3) ......
[Sec 17A inserted by sec 13 of Act 93 of 1969.]
[Subsec (3) repealed by sec 32(1) of Act 73 of 1976.]
[a3y1952s17B]17B......
[Sec 17B inserted by sec 13 of Act 93 of 1969 and repealed by sec 32(1) of Act 73 of 1976.]
[a3y1952s18]18Regulations
(1) The Minister may make regulations relating to-
(a)the licences, certificates of proficiency or authorities, which may be issued for the use of stations for specified purposes, the certificates of proficiency which may be issued for the maintenance of stations of specified categories, and the conditions subject to which such licences, certificates or authorities may be issued;
[Para (a) substituted by sec 14(a) of Act 93 of 1969, amended by sec 32(1) of Act 73 of 1976 and substituted by sec 12(1)(b) of Act 2 of 1978.]
(b)the fees that shall be payable in respect of any licence, certificate or authority referred to in section 7(1) or the conducting of the examinations referred to in section 7(4);
[Para (b) substituted by sec 14(a) of Act 93 of 1969 and by sec 12(1)(c) of Act 2 of 1978.]
(bA)......
[Para (bA) inserted by sec 14(b) of Act 93 of 1969 and deleted by sec 32(1) of Act 73 of 1976.]
(c)the experience or qualifications to be possessed by persons to whom certificates of proficiency referred to in section 7 may be issued;