GOVERNMENTGAZETTE OF THE

REPUBLIC OF NAMIBIA R 0.30 WINDHOEK - 7 December 1991 No. 313

CONTENTS Page

GOVERNMENT NOTICE

No. 134 Promulgation of Namibia Red Cross Act, 1991 (Act 16 of 1991), of the National Assembly .

Government Notice

OFFICE OF THE PRIME MINISTER

No. 134 1991

PROMULGATION OF ACT OF THE NATIONAL ASSEMBLY

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. 16 of 1991: Namibia Red Cross Act, 1991.

2 Government Gazette 7 December 1991 No. 313 Act No. 16, 1991 NAMIBIA RED CROSS ACT, 1991

ACT To accord recognition to the Namibia Red Cross So- ciety as the only Red Cross Society in Namibia; to prohibit the unauthorised use of the name or emblem of the Red Cross or Red Crescent; and to provide for matters incidental thereto.

(Signed by the President on 28 November 1991)

BE IT ENACTED by the National Assembly of the Republic of Namibia, as follows:-

Definitions. 1. In this Act, unless the context otherwise indi- cates -

"Fundamental Principles of the Red Cross" means the Fundamental Principles of the Red Cross pro- claimed by the Twentieth International Conference of the Red Cross held in Vienna in 1965, and which are-

(a) humanity;

(b) impartiality;

(c) neutrality;

(d) indepencence;

(e) voluntary service;

(f) unity;

(g) universality;

"Geneva Conventions" means the four Geneva Con- ventions of 12 August 1949, being -

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Act No. 16, 1991 NAMIBIA RED CROSS ACT, 1991

(a) the First Geneva Convention, for the amelio- ration of the condition of the wounded and sick in armed forces in the field;

(b) the Second Geneva Convention, for the amelio- ration of the condition of wounded, sick and shipwrecked members of armed forces at sea;

(c) the Third Geneva Convention, relative to the treatment of prisoners of war; and

(d) the Fourth Geneva Convention, relative to the protection of civilian persons in time of war;

"Namibia Red Cross" means the association existing under that name on the date of commencement of this Act, and incorporated in terms of section 21 of the Companies Act, 1973(Act 61 of 1973)under reference number 21/79/115.

Recognition of Namibia Red Cross.

2. (1) The Namibia Red Cross is hereby recognised as a voluntary aid society, auxiliary to the public autho- rities, for the purposes of the Geneva Conventions, the Fundamental Principles of the Red Cross, and otherwise.

(2) The independent and voluntary nature of the Namibia Red Cross shall at all times be respected in accordance with the resolution relating to National Red Cross Societies adopted by the General Assembly of the United Nations on 19November 1946.

(3) The Namibia Red Cross shall be the only Red Cross Society in Namibia.

(4) The provisions of this section shall bind the State.

Use of name and emblem. 3. (1) No person other than the Namibia Red Cross shall without its consent use in connection with any trade or business or for any other purpose whatsoever-

(a) the name ofthe Namibia Red Cross or any other name in which the expression "Red Cross", "Geneva Cross" or "Red Crescent" appears or which corresponds in such a manner therewith that it could be misleading;

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Act No. 16, 1991 NAMIBIA RED CROSS ACT, 1991

(b) the emblem used by Red Cross Societies or Red Crescent Societies in accordance with the Geneva Conventions, consisting of a red cross or red crescent on a white ground.

(2) Any person who contravenes the provisions of subsection (1), shall be guilty of an offence and liable on conviction to a fine not exceeding Rl 000 or to impri- sonment for a period not exceeding three months or to both such fine and such imprisonment.

Short title. 4. This Act shall be called the Namibia Red Cross Act, 1991.