GOVERNMENT GAZETTE
OF THE

REPUBLIC OF NAMIBIA
N$2.00 WINDHOEK - 29 December 2003 No.3122

CONTENTS
Page GOVERNMENT NOTICE No. 265 Promulgation of Magistrates Amendment Act, 2003 (Act No. 23 of 2003), of the Parliament ...................................................................................................... _______________

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Government Notice
OFFICE OF THE PRIME MINISTER No. 265 PROMULGATION OF ACT OF PARLIAMENT The following Act which has been passed by the Parliament and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution. No. 23 of 2003: Magistrates Amendment Act, 2003. _______________ 2003

Act No. 23, 2003

MAGISTRA TES AMENDMENT

ACT , 2003

EXPLANATORY NOTE: ––––––––––––– [ ] Words underlined with a solid line indicate insertions in existing provisions. Words in bold type in square brackets indicate omissions from existing provisions.

ACT
To amend the Magistrates Act, 2003, so as to provide for the appointment of assistant magistrates for the purposes of postponing criminal cases; and to provide for matters connected therewith. (Signed by the President on 21 December 2003) BE IT ENACTED by the Parliament of the Republic of Namibia, as follows:Amendment of section 11 of Act No. 3 of 2003 Section 11 of the Magistrates Act, 2003, is amended by the insertion after 1. subsection (7) of the following subsection: "(7A) (a) Notwithstanding section 13(1) and (2) but subject to paragraphs (b) and (c), the Commission may temporarily appoint the clerk of a magistrate's court to act as assistant magistrate of a district or subdistrict in addition to any magistrate of that district or subdistrict. (b) Notwithstanding section 16(1)(a) and notwithstanding section 8 of the Magistrates' Courts Act, an assistant magistrate appointed under paragraph (a) may, in the absence of a magistrate, hold a court of a district or subdistrict, but only for the purposes of postponing criminal cases. Except during the period of postponing criminal cases, a clerk of the court appointed under paragraph (a) to act as assistant magistrate remains subject to (i) (ii) Short title 2. This Act is called the Magistrates Amendment Act, 2003. _________________ the laws governing the Public Service; and the conditions of service applicable to employees in the Public Service.".

(c)