Stock Theft Amendment Act, 1993 (No. 19 of 1993)

R0,50 GOVERNMENT GAZETl'E OF THE REPUBLIC OF NAMIBIA WINDHOEK ~ 30 August 1993 CONTENTS GOVERNMENT NOTICE No. 95 No. 95 Promulgation of Stock Theft Amendment Act, 1993 (Act 19 of 1993), of the National Assembly ............... . ......................... . Government Notice OFFICE OF THE PRIME MINISTER PROMULGATION OF ACT OF THE NATIONAL ASSEMBLY Page 1993 The following Act which has been passed by the National Assembly and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution. No. 19 of 1993: Stock Theft Amendment Act, 1993. No. 703 2 Government Gazette 30 August 1993 No. 703 Act No.19, 1993 STOCK THEFT AMENDMENT ACT, 1993 Amendment of section I of Act 12 of 1990. Repeal of section I 2A of Act 12 of 1990. as inserted by section 4 of Act 4 of 1991. Sub:.-.titution ot section 14 of Act 12 of 1990. as amended by section 6 of Act 4 ,;r 1991. EXPLANATORY NOTE: Words underlined with solid line indicate in sertions in existing enactments. Words in bold type in square brackets indicate omissions from existing enactments. ACT To amend the Stock Theft Act, 1990, so as to assign the administration of the Act to the Minister of Home Affairs; to provide for minimum sentences in respect of certain convictions and to prohibit the suspension or postponement of a sentence or a discharge with a caution or a reprimand in such cases; to remove certain restrictions relating to the justiciability of certain offences, and to provide for matters incidental thereto. (Signed by the President on 11 August 1993) BE IT EN ACTED by the Parliament of the Republic of Namibia, as follows: 1. Section I of the Stock Theft Act, 1990 (herein after referred to as the principal Act), is hereby amended by the substitution for the definition of "Minister" of the following definition: " 'Minister' means the Minister of [Justice] Home Affairs;". 2. Section 12A of the principal Act 1s hereby repealed. 3. The following section is hereby substituted for section 14 of the principal Act: "Penalties for certain offem:cs. 14. I An erson who is convic ted of an offence referred to in para graph (a), (b ), ( c) or ( d) of subsection ( 1) of section 11 shall be liable No. 703 Act No. 19, 1993 Insertion of section 15A in Act 12 of 1990. Government Gazette 30 August 1993 3 STOCK THEFT AMENDMENT ACT, 1993 ( a) in the case of a first conviction (i) to imprisonment for a period not exceeding 10 years; or (ii) to a fine not exceeding R40 000; or (iii) to both such fine and such imprisonment; or (b) in the case of a second or sub sequent conviction, to impri sonment for a period not ex ceeding 20 years: Provided that where such second or subse quent conviction relates to stock, other than poultry or the carcase or portion of the car case of any such stock, such person shall be liable to impri sonment for a period of not less than three years, but not ex ceeding 20 years. (2) Notwithstanding anything to the contrary in any law contained, no person shall on a conviction under the provisions of the proviso to paragraph (b) of subsection (I) be dealt with under section 297 of the Criminal Procedure Act, 1977 ( Act 51 of 1977), if such person was at the commission of the offence in question 18 years of age or older.". 4. The following section 1s hereby inserted after section 15 of the principal Act: "Jurisdiction of magistrates' courts in respect of penalties. 15A. Notwithstandin an thin to the contrary in any other law contained, magistrates' courts shall have jurisdic tion to impose any penalty provided for under sections 14 and 15 of this Act.". 4 Act No. 19, 1993 Short title and commencement. Government Gazette 30 August 1993 No. 703 STOCK THEFT AMENDMENT ACT, 1993 5. (1) This Act shall be called the Stock Theft Amendment Act, 1993, and shall come into operation on a date determined by the Minister of Home Affairs by notice in the Gazette. (2) Different dates may be determined under subsec tion ( 1) in respect of different provisions of this Act.