Departure from Namibia Regulation Act, 1955 (Act 34 of 1955)
Departure from Namibia Regulation Act, 1955
Act 34 of 1955
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Published in South African Government Gazette no. 5509 on 1 July 1955
- Assented to on 8 June 1955
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Commenced on 1 July 1955
- [This is the version of this document from 22 September 1994 and includes any amendments published up to 6 October 2022.]
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[Amended by Commonwealth Relations Act, 1962 (Act 69 of 1962) on 1 July 1963]
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[Amended by Residence in the Republic Regulation Act, 1964 (Act 23 of 1964) on 13 March 1964]
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[Amended by Border Control Act, 1967 (Act 61 of 1967) on 1 February 1969]
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[Amended by Admission of Persons to and Departure from the Republic Regulation Amendment Act, 1969 (Act 38 of 1969) on 30 April 1969]
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[Amended by Departure from the Union Regulation Amendment Act, 1979 (Act 7 of 1979) on 14 March 1979]
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[Amended by Aliens and Immigration Laws Amendment Act, 1984 (Act 49 of 1984) on 18 June 1984]
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[Amended by Transfer of Powers and Duties of the State President Act, 1986 (Act 97 of 1986) on 3 October 1986]
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[Amended by Departure from Namibia Regulation Amendment Act, 1993 (Act 4 of 1993) on 22 September 1994]
In this Act, unless the context otherwise indicates -“Minister” means the Minister of Home Affairs;[definition of “Minister” inserted by Act 4 of 1993]“passport” means any passport or other travel document of identity issued -(a)to a person on behalf of the Government of Namibia;(b)on behalf of the government of any country recognized by the Government of Namibia, to a person who is a citizen of the country concerned, but not also a Namibian citizen;(c)on behalf of any international organization of which Namibia is a member, to a person who is not a Namibian citizen,and which contains a personal description of such person, the name of the country in which he or she was born and the date of his or her birth, and to which a photograph of such person is attached in which all the features or his or her face are clearly and correctly depicted;[definition of “passport” amended by Act 49 of 1984 and substituted by Act 4 of 1993]“Permanent Secretary” means the Permanent Secretary: Home Affairs;[definition of “Permanent Secretary” inserted by Act 4 of 1993]“permit” means a permit issued under section five and which has not lapsed or been withdrawn in terms of that section;“port” means -(a)any place on the coast of Namibia;(b)any railway station or place in Namibia at or near any of the borders thereof; or(c)any airport or aerodrome in Namibia,where an immigration officer is stationed.[definition of “port” inserted by Act 61 of 1967 and substituted by Act 4 of 1993][definition of “Union” deleted by Act 4 of 1993] No person shall leave Namibia for the purpose of proceeding to another country - [section 2 amended by Act 69 of 1962, substituted by Act 61 of 1967, amended by Act 7 of 1979 and by Act 49 of 1984, and substituted by Act 4 of 1993] No person shall convey from any place in Namibia to another country, any person proceeding to another country in contravention of the provisions of section 2.[section 3 amended by Act 69 of 1962, substituted by Act 61 of 1967, and amended by Act 7 of 1979 and by Act 4 of 1993] No person shall in any manner whatsoever assist any other person to leave Namibia for the purpose of proceeding to another country in contravention of the provisions of section 2[Section 4 is amended by Act 69 of 1962, substituted by Act 61 of 1967, and amended by Act 7 of 1979 and by Act 4 of 1993. The word “Union” in the heading should be “Namibia”; however, Act 4 of 1993 directs only that “Namibia” be substituted for the phrase “the Union”.] [section 5 amended by Act 4 of 1993] Any person to whom a permit endorsed as provided in section 5(6) has been issued and who has left Namibia for the purpose of proceeding to another country, shall [section 6 amended by Act 69 of 1962, substituted by Act 23 of 1964, and amended by Act 7 of 1979 and by Act 4 of 1993] If in any prosecution for a contravention of section 2 it is proved that the accused left Namibia, it shall be presumed, until the contrary is proved, that he left Namibia for the purpose of proceeding to another country.[section 7 amended by Act 69 of 1962, Act 7 of 1979 and Act 4 of 1993] [paragraph (c) amended by Act 49 of 1984 and by Act 4 of 1993] [subsection (1) amended by Act 4 of 1993] [section 10 amended by Act 69 of 1962 and deleted by Act 4 of 1993] This Act shall be called the Departure from Namibia Regulation Act, 1955.[section 11 amended by Act 4 of 1993][Section 11 of Act 4 of 1993 provides the following transitional provision: “Anything done before the commencement of this Act [Act 4 of 1993] under a provision of the principal Act shall be deemed to have been done under any such provision, as amended by this Act.”]1. Definitions
2. Prohibition of departure from Namibia without passport or permit at a place other than a port
3. Prohibition of conveyance from Namibia of persons not in possession of passports or permits or via places other than ports
4. Prohibition of rendering assistance to persons to leave Union without passports or permits at places other than ports
5. Permit to leave Namibia
6. Return by person who has a permit to leave Namibia permanently
6A. Notification of departure of non-citizens in case of ships
7. Presumptions
8. Penalties
9. Exemptions
9A. Regulations
10. ***
11. Short title