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OF THEREPUBLIC OF

N$4.40 WINDHOEK -14 July 2010 No . 4521'CONTENTS

GO VE RNME NT NO T IC E

Page

No. 138 Promulgat ion of Namibia Ins t i tute of Publ i c Admini s t r a t ion and Management A ct , 2 0 3 0(Act No. 10 of 2010), of the Parliament 1

Government Notice

No. 138OFFICE OF THE PRIME MINISTER

2010PR OMULGATION OF ACTO F PARLIAMENT

The fol lowing A ct which ha s 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 thatConsti tut ion.No. 10 of 2010: Nam ibia Institute of Public Adm inistration and M anag em ent

Act , 2010.

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tion and M a n a g e m e n t , and to prov i de for its admin is t ra t ion and control o f

(Signed by the President on 23 June 2010)A R R A N G E M E N T OF SECTIONS

P A R T IPRELIMINARY

Section1. Defini t ions

PART IIN AMI BI A INSTITUTE OF PUBLIC ADMINISTRATION

A N D M A N A G E M E N T2. Establishment of NIPAM3. Status of NIPAM4. Comm on seal of NIPAM5. Objects of NIPAM6. Powers of NIPAM

PART IIIGOVERN I N G COUN CI L A N D TRAINING A N D

DEVELOPMENT BOARD7. Con st i tut ion of Coun ci l8. Powers and func t ions of Counc i l9 . Disqual i f i ca t ion fo r a ppo in tme n t "as me mb e r10 . Terms of office of m e m b e r11. Vacat ion of office of me mb e r12 . Disclosure of in te res t of me mb e rs of Counc i l and commi t t e e s13 . Meetings and de c i s i ons of Co u n c i l14. Committees of Council15. Delegat ion and a ss i gnme nt of powe rs and func t ions16. Const i tu t ion of Tra i n i ng and De ve l opm e nt Board17. Powers and func t ions of Board18. Disqual ificat ion fo r ap p o i n t m en t as m e m b e r of Boa rd19. Terms of office of mem ber of Board20 . Vacat ion of office of m e m b e r of Board21. Me e t i ngs and decis ions of Board22. Commi t t e e s of Boa rd23. Delegation and a ss i gnme nt of powe rs and f unc t i ons

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No. 4521 Gove rnme nt Gazette 14 J u l y 2010 3Act No, 10,2010 NAMIBIA INSTITUTE OF PUBLIC ADMINISTRATION ANDM A N A G E M E N T AC T, 2010

Joint committees of Council an d BoardRe mu ne r a t i on of members of Council, Board an d committees

PART IVADMINISTRATION OF N A M I B I A INSTITUTE OF PUBLIC ADMINISTRATIONA N D M A N A G E M E N T

26. Execu tive Director27. Performan ce agreements of man agem ent staff28. De pu ty Ex e c u t ive Di rec to r29. Finance Controller30. Training an d admin istrative staff31. Registration fo r programmes or courses an d fees payable32. Certificates an d diplomas33. Medium of ins truc t ions

. _ P A R T VFINANCIAL PROVISIONS

34 . Funds , accounts , f inanc ia l year an d aud i t35. Granting of subsidies and loans toNIPAM36. Exemption from paym ent of tax and other charges37 . A nnu a l repor t

PART VIGENER AL PR OVISIONS

38. Preservation of secrecy39. Limita t ion of l iabil i ty of me mbe rs of C o un c i l , Board an d committees an d staff40. Offences an d penal t ies41. Agreements42. Regulations and rules43. Short t it le and com men cemen t

BE IT ENACTED by the Par l iam ent of the R e pu b l i c of Nam ibia , as fo l lows :P A R T I

PRELIMINARYDe f in i t ions

1. In this Act , unless the context otherwise indicates -"Board" means the Training and Development Board of NIPAM referred to in section16;"Cou nc i l " me ans th e Governing Counci l of NIPAM referred to in section 7;

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M A N A G E M E N T A C T , 2010"Execu tive Director" mean s the Execu tive Director of NIPAM ap poin ted in terms ofsection 26;"NIPAM" means the Na mi b i a Ins t i tu te o f Publ ic Adm inis t ra t ion and Managem entestablished by section 2;" regu la tion" means a regu la t ion made under sect ion 42;"rules" means th e ru les made und er sect ion 42;"State-owned Enterprises Governance Act" means the State-owned EnterprisesGo v e r n an ce Act, 2006 (Act No. 2 of 2006); and"this Act", includes th e regulations and rules.

PART II. NAMIBIA INSTITUTE O F PUBLIC ADMINISTRATION ..AND MANAGEMENT

2. (1) There is established a pub l ic ins t i tu te fo r t ra in ing , opera t ionalresearch, capacity evaluation and consu l tancy to be k n o w n as the Namibia Ins t i tu te ofPu b l i c Adminis t ra t ion a n d Man ag em en t .

(2) The shortened form of the Namibia Insti tute of Pub lic Adm inistra tionand Man ag em en t is "NIPAM", and wh ich ma y be used as an a l te rna t ive to, andindependent f rom, tha t name.

(3) The seat of NIPAM is in W i n d h o e k .

3. NIPAM is a jur ist i c person a nd . a Sta te-ow ned en terprise governed bythis Act and the Sta te-owned Enterpr ises Governance Act.

4. (1) NIPAM m ust have a common sea l an d such seal m ay fromt i me to t ime be changed , a l te red o r m ade anew as NIPAM th inks f i t.(2 ) All deeds and o th e r d o cu m en t s r eq u i r in g th e seal of NIPAM must be

sea led w i th the comm on seal o f NIPAM.(3) The Counci l may, by reso lu t ion or o th e r wi se in wr i t i n g , ap p o in t an

officer of NIPAM or any other agen t , generally or in any par t icu lar case to execute o rs ign on behal f of NIPAM any ag r eem en t or o t h e r ins t rument in relation to any m a t t e rfall ing with in th e powers of NIPAM.

(4) All cour ts , judges an d persons acting j ud ic i a l l y m u st t ak e ju d ic i a lnot ice of the co m m o n sea l of NJPAM aff ixed to any d o c u m e n t and p r e su m e th a t i t wasdu ly af f ixed .

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5, Theobjects of NIPAM are -(a) to systematize capacity building interventions and to function as a

dedicated training and d evelopm ent institution for the unified PublicService in Namibia;

(b ) to provide such training or cause such training to be provided, andto conduct such examinations or tests as may be necessary as aqualification for the appointmen t, promotion or transfer of persons inor to the public service;

(c) to foster among public servants a sense of the purpose, values, andtraditions of a public service which serves th e people of Namibia andpromotes their welfare and lawful interests;

(d ) to develop a new generation of holistic managers with capacity, to"manage public policies, strategies and projects in a "dynamic andcomplex environments;(e) to enable th e public servants to acquire analytical, creative, advisor,',administrative and other skills and knowledge necessary to formulate

and execute policies an d directives, respond to change, includingchanges in social, cultural, racial and linguistic character of theNamibian society, an d implement government programmes, resourcesand services efficiently, effectively, sustainably- and equitably;

( f ) to provide flexible learning opportunities and platform by way of aLearning Resource Centre supported by authentic information an ddocumentation;(g) to help publ ic servants develop cooperative relationships with

colleagues, professionals and other persons at offices, ministries andagencies and at all levels of the Pub lic Service throug h enlightenedleadership, motivation, effective communication and innovation forhigh-quality service to the public;

(h ) to facilitate awareness building in Namibia and internationally onissues related to public sector management and good governance andto involve a w ide range of individuals and institutions in purs uit ofexcellence in public administration;

(i) to act as a centre of excellence and think tank for the public sector of "Namibia, organize debates, workshops or seminars on topics related topublic management and administration;

(j) to establish an observatory of capacity building needs in the NamibianPublic Service, especially through capacity evaluation, regularsurveys, impact assessment studies for government, development anddonor agencies and undertake private sector and public managementconsulting assignments;

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(k) to co l labora te and s trengthen pa r t ne r sh i ps be tween pub l i cadmin is t ra t ions and c iv i l soc iety organizat ions at central , regionaland loca l levels, and with other ins t i tut ions and bodies ha v i ng ' s i m i l a robjectives; and

(1) to s tudy and d o c u m e n t th e good practices, success and failure stonesand create a bank of such practices fo r p u b l i c sec tor cap ac i ty b u i l d i n g .

6. (1) In carry ing out its objec ts , NIPAM has the p o w e r to -(a ) acqu i r e, m anage , m a in ta i n , des ign and im p lem en t p rogram m es fo r

deve lopm en t ;(b ) ass is t offices , minis tr ies , agencies , organizat ional components and

other entit ies of the G o v e r n m e n t of the R e p u b l i c of N a m i b i a t h r o u g hcapac i ty bui ldin g program mes , operat ional research, s tudies anddocumenta t ion developed a t , by or on beha l f of the NI P AM;

(c) cooperate with other persons and bodies engaged in publ i cadm in i s t ra t ion , m anagem en t and deve lopm en t ; ,

(d ) con t r ibu te funds for the pur su i t of operat ional , appl ied research orother activities related to the theory and practice of p u b l i c sectorm anagem en t ;

(e ) prov ide t ra in ing , operat ional research and capac i ty ev aluat ion servicesand facili t ies to pu bli c service staff m em bers , and charge fees;

(f ) l icense, sell or otherwise m a k e avai lable any cop yr ight , t rade-mark orother l ike proper ty r igh ts held , controlled or administered by NI P AM;an d

(g) do all such thing s as are necessary or inc id ental to the a t t a i nme n t of theobjects of N I P A M .

(2) In car ry ing out i ts objects and exerc is ing i ts powers under th is Act ,N I P A M , with th e c o n s e n t of the head of such ent i ty , m ay m ake use of any ava i lableservices or fac i l i t ies of off ice , m in i s t ry , agency , o rgan iza tiona l com ponen t or otherenti ty of the Governm en t , tha t are appropr ia te for the effect ive opera t ion of N I P A M .

PART IIIG O V E R N I N G COUNCIL A N D TRAININGA N D D E V E L O P M E N T B O A R D

7. (1 ) Subjec t to th is A c t , th e governance and general control ofNI P AM and of all its affairs and fu n c t i o n s , and the m a n a g e m e n t of its proper ty , arevested in the G o v e r n i n g C o u n c il of N I P A M .

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(2) T he members of the Counci l , inc luding th e chairperson and thevice-cha irperson, are consti tuted or appointed in accordance with , and for a per ioddetermined under sect ions 14 and 15 of the State-owned Governance Act, as follows-

(a) the Secretary to the Cabinet, as chairperson;(b) th e Execut ive Director, ex officio;(c) tw o persons selected by the Prime Minister by considering th e gender

balance, academic excellence and experience relevant to the objects ofNIPAM;

(d ) a person nominated by the Namibia Chamber of Commerce andIndustry who represents the interests of that sector;

(e) a person nominated by the Public Service Com mission;( f ) . a person nominated by the recognized trade union with an exclusivebargaining status for pub l ic service employees;C g ) a person nominated by the Associa t ion of Regional Councils;(h) a person nominated by the Associat ion of the Local Authorit ies in

Nam ibia; and( i) tw o persons nominated by NIPAM to represent th e capaci ty bui ld ing ,research or related interests of NIPAM keeping th e gender balance into

cons idera t ion.(3) The mem bers of the C ounci l must a t the-firs t meeting of the Cou nci l

elect a pe rson from amongs t th e i r num ber as vice-chairperson of the C o u n c i l .(4 ) T he Counc i l m ay co-opt tw o persons as members on a rotation basis

from the countries or international organisations offering assistance and support inpubl ic sector capacity bu i ld ing to NIPAM or the Gove rnment , and such members m aytake part in de l ibe ra t ion of matters before th e Counci l , but h ave no right to vote.

(5) Wh eneve r any nominat ion in t e rms of subsect ion (2) (d) , (e), ( f ) , ( g ) , (h)or ( i) becomes necessary th e Prime Minis te r must , in wri t ing , request th e nominat ingauthor i ty referred to in that subsect ion to nom ina t e , w i t h in th e period specified in therequest, a person for appointment as member of the Council.

(6) If a nom inat i on is not received by the Prime M inister wi thin the periodreques ted , the Prime M inister may app oin t such person or persons as the Prime M inistert h i nks fi t , and a person so appo in t ed h o l ds office as if such person had been nominatedas required und er subsection (2).

(7 ) ' A staff member of NIPAM may only qual ify fo r appointment asmem ber of the C oun ci l und er subsect ion (2) (b) or ( i ) .

(8 ) The Prime M inister m ay request th e nom inat ing authorit ies referred toin subsect ion 2 ( d ) , (e ) , ( f ) , (g) or (h) to nom inate persons fo r appointment as alternatemembers of their respective members of the Council.

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Powers and funct ions of Council8. The powers and functions of the Council are -(a) to make rules and guidelines of NIPAM;(b) to app rove Strategic Plan and Annua l Business Plan of NIPAM;(c) to app rove the ann ua l budg et of N IPAM ;(d) to accept th e management of any endow ment trus t , fund , subscr ipt ion

or donation consistent with the objects of the institute;(e) to approve proposals fo r loans from financial institutions fo r funding

of NIPAM act iv i t ies , in agreement with th e M inis ter responsib le fo rfinance;

(f ) to create p osts on the establishment of NIPA M, and determ ineconditions of service;

(g) to consider and approve annu al reports, inclu ding financial statementsand accounts of NIPAM;

(h) to prepare and execute detailed plans and programmes for thefurtherance of the objects of NIPAM;

(i ) to approve the development and expansion plan of N I P A M ; an d(j) to appoint, suspend or discharge administrative staff, trainers,

specialists or co nsulta nts of NIPA M.Disqualification for appointment as member

9, A person is not qualified fo r appointment as a member or alternatemember of the Counci l , if the person-

(a) is an un-rehabili tated insolvent;(b) has un d e r any law been declared to be of unsound mind;(c) is a member of Parliament or of a regional council or local authority

counci l ; or(d) has been removed from an office of t rust on a c c o un t of misconduc t ;(e) has been at any time co nvic ted of an offence and sentenced to a period

of impr i sonment wi thout the option of a fine.

10. Unless otherw ise determined in terms of section 14 of the State-ownedEnterprises Governance A ct, a me mb e r of the Counci l appointed in terms of section7(2)(c) to (i) holds office for a period of three years, and is eligible for reappointment atth e expiry of that term.

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11. ( 1 ) Th e off ice of a member becomes vacant, i f the n om in a t ion i sw i t h d r a w n by t he n om in a t i n g au th o r i ty w h o n om in a ted th e m em b er f or appoin tment , ori f them em b er -

(a) becomes subject to a disqualification mentioned in section 9;(b) resigns by notice in wri t ing to the Prime Minister;(c) is absent from tw o consecu tive Counci l meet ings wi thout permiss ion ofth e Council; or(d ) is removed from off ice unde r subsection (2).(2) The Prime Minister , by notice in w r i t i ng , may remove a member f rom

off ice i f the Pr ime Mi n i s t e r , after a f fo r d in g th e m e m b e r an opportunity to be heard, i ssat is f ied tha t the m ember -

(a ) is incapacitated by ph ysical or m ental i l lness; or(b ) is, for any valid reason, unable or unf i t to properly, eff iciently an d

effect ively discharge th e functions of a member.(3 ) W henever the Prime Minister acts under subsection (2) , th e Pr ime

M inis te r may f i r s t suspend the member concerned f rom his or her off ice pending a f ina ldecision on wh e th e r or not the m em b er sh ou ld be removed.

(4) I f a mem ber dies or vacates office before the expiry of his or her termof off ice, th e PrimeMinis te r must, as soon as reasonable possibly after receiving noticeof th e vacancy, appoint a person in accordance w i t h sect ion 7 to f i l l the vacancy for theremaining port ion of that member 's term of off ice.Disclosure of interest of m e m b e r s of Counci l an d commit tees

12. (1) I f a m em ber of the Council or a committee has any direct orindirect interest in any matter which is the subject of consideration at the meet ing ofthe Council or committee, and that matter may cause a confl ic t of interest to arise, them e m b e r -

(a) must disclose th e n a tu r e of the in te res t to the Counci l or commit teebefore or at the commen cemen t of the me eting; and

(b) may not part ici pate in the me eting, unless the other me mb ers,after consi de r ing the disclosure mad e in terms paragraph (a) directotherwise.

(2) I f at any stage du r ing a mee ting of the Council or a comm ittee i t appearsthat a m e m b e r or m e m b e r of a com m i t t ee has or may have an y in te res t wh ich m ay causea confl ic t of in te res t to ar i se , th e m em b er m u s t as soon as poss ib le -

(a) f u l l y disclose th e nature of such interest; an d

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(b) leave the meet ing to enable the rem aining mem bers to consider thedisc losure an d d e t e r m i n e w h e t h e r th e m e m b e r i s excluded f romparticipating in the meet ing by reason of a confl ict of interests.(3 ) A disclosure by a m e m b e r or a m e m b e r of a commit tee in accordance

w i t h subsec t ion (1) or (2) , and a dec is ion taken by the m e m b e r s or m e m b e r s of thec om m i t t e e in c onne c t ion w i th su ch d i sc l osu re m u s t be recorded in the m i n u t e s of themeet ing concerned.(4) A dec is ion o n a mat te r taken by the C ounc i l or a comm it tee at a meet ingwhere a mem ber or m em ber of a com mit tee to ok par t in cont raven t ion of subsec tion

( 3 ) or (2) m u s t be cancelled and the matter reconsidered at the e n s u i n g m e e t ing of theCouncil or commit tee .(5 ) Despite subsection (4), a m e m b e r of the Council or a member of acommit tee w ho contravenes or fails to comply wi th subsec t ion (1) or (2) c om m i t s an

offence and is liable to a fine not exceeding N$8 000 or to impr iso nm ent not exceedinga period of two years , or to both such f ine and such impr isonm ent .

13. (1 ) The Chairperson or, i n h is or her absence, the Vice-Chairperson ,pres ides a t meet ing s of the C ounc i l , or, in the absence of both the Ch airperson and V ice-C ha i rp e r s on , the members present at the mee t ing m ust e lec t from a m ongs t the i r n u m b e ra m e m b e r to preside at tha t meet ing.(2) Th e Counci l m u s t hold at least three meetings during the financial yearo f N I P A M .(3) The f irst meeting of the C oun cil mu st be held at the t im e and placedetermined by the Pr i me Minis te r and thereaf te r meet ings must be he ld a t such t imesan d places as the Counci l m ay dete rmine , but the Chairperson may at any t ime , an dm u s t at the wri t ten request of the P r i m e M i n i s t e r or at l eas t th ree vot ing members ,conve ne a special meet ing of the Co unci l .(4) The b u s ine ss w h ic h is of u r ge n t nature an d w h ic h c a nno t be ke p tp e n d i n g till th e next meet ing may be transacted by circulat ion a m o n g al l m e m b e r s ofth e Cou nc i l and any resolu t ion so c i rcu la ted an d a ppr ove d by a majority of the m e m b e r s

Is as effective an d binding as If such resolut ion had been passed at a meeting of theC ounc i l p r o v i d e d tha t an y bus i ne s s so t ransac ted must be reported at the ne x t m e e t ingof t he C ounc i l .

(5 ) Th e m a jor i ty of al l th e m e m b e r s of the Co u nc i l f o r m s a q u o r u m at anymeet ing of the Cou nc i l .

(6) A decision of the majority of the members present at a meet ingcons t i tu tes th e de c i s ion of the C o u n c i l and in the e v e n t of an equal i ty of votes th em e m b e r p r e s i d i n g at the m e e t ing has a cast ing vote In addit ion to his or her de l ibe ra t ivevote .(7) A decision of the Counci l or an act performed on authority of theCo u n c i l is not inva l id -

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(a) by reason of a vacancy on the Council;(b ) by reason of the fact that a person who is not entitled to be present

as a me mbe r was present wh e n th e decision w as taken or the act wasauthor ized,

if the decision was taken or the act was autho rized, by a majority of the members whowere present and enti t led to vote at the meeting.

(8 ) The Coun ci l must cause proper minutes of proceedings of its meetingsto be kept.

(9) The Cou ncil may make rules govern ing the man ner in wh ich itsmeetings or meetings of committees are held and the procedures at such meetings.

14. (1) The Counc i l may establish any committee of the Counc i l -(a) to advise the Cou ncil on any matter whic h the Council refers to i t; or(b) to exercise any of the powers or perform any of the functions of the

Counci l which the Counci l delegates or assigns to it.(2) Acommittee established under subsection (1) -(a) consists of at least two mem bers of the Coun cil and such other mem bers

of the Counc il or other persons as the Counc il may ap poin t as membersof the committee on such terms and conditions as the Council maydetermine; and

(b ) meets at the time and place and on such terms and conditions as theCounci l may determine.

(3) The Counc il must design ate two mem bers of the Coun cil as chairpersonand vice-cha irperson of such committee .

(4) The vice-chairperson of the Council and, subject to section 26(4),th e Execut ive Director are ex of f icio members of any committee established undersubsect ion (1) .Delegation and assignment of powers and functions

15. ' (1) The Cou ncil, in writ ing and sub ject to such condi t ions orrestrictions as i t may im pose , may delegate any pow er or assign any functio n conferredor imposed on it by or under this Act to the Exec utive Direc tor or any comm ittee of theCouncil, except the power to make rules or to appoint management staff or dischargeany staff member.

(2) The Counc il is not divested or relieved of the pow er or funct iondelegated or assigned under subsection (1) and it may at any time -

(a) wi th dra w or a me nd any such delegation or assignment; or

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(b ) wi t hout p re j ud i c e of any right, set aside or vary any decision made inth e exercise of such power.

16 . .(1) The organiza t ion and super intendence of capacity buildingin tervent ions , t raining programmes, courses, t raining sessions, ins t ruct ions , curricula,assessment , award of qualif ications, accreditat ion, research and consultancy act ivi t iesare vested in the Training and Development Board of N I P A M .

(2) The Board consists of the following mem bers appointed by the Council -(a) the Executive Director, who is the chairperson;(b ) the Depu ty Execut ive D i rector , who i s the vice-chairperson;(c)' tw o members of the C oun c i l appoi n ted in t e rms of sect ion 7(2) ( i ) ;(d ) a staff member designated by NIPAM from its senior management

administrat ive staff ;(e) a t rainin g special ist designated by NIPAM from i ts t raining staff;(f) a staff member designated by the Office of the Prime Ministerrepresenting th e Human R esourc e Management and Development

function;(g) a person designated by the Namibia Qual i f ica tions Au thori ty

established by section 2 of the Namibia Q ualif ications Auth ori ty Act ,1996 (Act No. 29 of 1996) h avin g expertise in accreditat ion of bodiesand capacity building services; and

(h ) a person designated by the Namibia Training Authori ty establ ished bysection 4 of the Vocational Education and Training Act, 2008 (Act No.1 of 2008).

(3) The Board may co-opt persons , as may be presc ribed by the rules , asmembers an d such members m ay take part in deliberation of matters before th e B oa rd ,but have no right to vote.Powers and func t ions of Board

17. The powers and functions of the Board are -(a ) to develop strategic plan and a nnua l bus i ne ss plan of NIPAM;(b) to coordinate with th e Ministry of Education an d National Planning

Commiss ion with regard to na t iona l capacity bui ld ing needs:(c ) to develop the c urr icu la, t rainin g design and im plemen tat ion strategyof t ra ining programmes, courses , workshops and capac i ty bui ld ing

interventions;

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( d ) to determine the norms and standards for the award of qual i f icat ionsan d accreditation for approval from Namibia Qual i f ica t ions Author i tyor other accreditation bod ies;

(e) to exercise qu al i ty control on the capacity bui ld ing interventions toensure value for money;

(f) to mak e recommend ations to the Council in connection w ith the annu alb u d ge t of NIPAM and on matters referred to it by the Council or w h i c hthe Training & Development Board considers necessary in the interestof NIPAM;

(g) to sub mit to the Council such reports in connection with the functionsof NIPAM or Training an d Development Board as the Council mayrequire; an d

(h ) to perform su ch other functions as may be required to develop NIPAMas a centre of excellence in pub l ic service sector capacity bu i ld ing .Disqual i f icat ion for ap p oi n tment as m e m b e r of Board

18. A person is not qual i f ied fo r appointment as a member of the B oar d , ifthe person

(a ) is not a Namibian citizen or holder of a permanent residence permit;(b) is an un-rehabil i tated insolvent;(c) has under any law been declared to be of unsound mind;(d) has been removed from an office of trust on accoun t of miscond uct;(e) has been at any time convicted of an offence and sentenced to a period

of imprisonment with out th e option of a fine.

19. Except members appointed by vi r tue of their offices, a member of theBoard holds office for a period of three years, and is el igible for reappointment at theexpiry of that period.Vacation of office of m e m b e r of Board

20 . 0) Th e office of a member of the Board becomes vacant, i f thedesignation is withdrawn by the designating authori ty who designated the member forapp ointmen t, or i f the m e m b e r -

(a) becomes subject to a d isqual i f icat ion mentioned in section 18 ;(b ) resigns by notice in wri t ing to the Council ;(c) is absent from tw o consecutive Board meetings without permiss ion ofthe Board; or

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(d ) is removed from office under subsection (2).(2) The Counci l , by notice in writing, m ay remove a-mem ber of the Board

from office if the Council, after affording th e member an opportunity to be heard, issatisfied that th e member -

(a) is incapacitated by physical or mental illness; or(b ) is, for any valid reason, unable or unfit to properly, efficiently an deffectively discharge the functions of a member.(3) Wh enever the C ouncil acts und er subsection (2), the Counci l may

first suspend th e member concerned from his or her office pending a final decision onwhether or not the member should be removed.

(4) If a member of the Boarcl dies or vacates office before the expiry of hisor her term of office, the Council must, as soon as reasonable possibly after receivingnotice of the vacanc y, appoint a person in accordanc e with section 16 to fill the vacanc yfor th e remaining portion of that mem ber 's term of office.Meetings and decisions of Board

21 . (1) The first meeting of the Boa rd must be held at the time andplace determined by the Executive Director an d thereafter meetings must be held atsuch t imes and places as the Board m ay determine, but the chairperson may at any time,and must at the written request of at least one-third of the members, convene a specialmeeting of the Board

(2) The chairperson or, in his or her absence, th e vice-chairperson of theBoard presides at meetings of the Board or, in the absence of both the cha irperso nand vice-chairperson, the members present m ust elect from their num ber a mem ber topres ide at such meeting.

(3) The Board mu st hold at least three meetings annually, of which at leastone meeting m ust be held in each half of the financial year of NIPA M.

(4) The majority of all the members of the Board forms a quoru m at anymeeting of the Board .

(5) A decision of the ma jority of the mem bers of the Board present at ameeting constitutes the decision of the Board and in the event of an equality of votes th emem ber presiding at the mee ting has a casting vote in ad dition to his or her deliberativevote.

(6) The business which is of urgent nature and which cannot be keptpending t i ll th e next meeting may be transacted by circulation among all members ofth e Board and any resolution so circulated an d approved by a majority of the membersis as effective an d binding as if such resolution ha d been passed at a meeting of theBoard provided that a business so t ransacted m ust be reported at the next m eeting of theBoard.

(7) A decision of the Board or an act performed on authority of the Boardis not invalid -

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(a ) by reason of a vacancy on the Board; or(b) by reason of the fact that a person who is not ent i t led to be present

as a member was prese nt when the dec i s ion was taken or the ac t wasauthorized,

if the decision was taken or die act was authorized, by a majority of the m e m b e r s whow ere pres ent and enti t led to vote at the meeting.

(8) The B oard m ay prescr ibe th e procedures a t me e t i ngs of the Board andc ommi t t e e s of the B oard .Committees of Board

2 2 . ( 1 ) T h e B oard m ay establ ish a n y c ommi t t e e of the Board-(a) io advise the Board on any ma tter w hic h the Board refers to i t ; or

* (b) to exerc i se an y oT th e pow ers or perform any of the f unc t i ons of theB oard whi c h th e B oard delegates or as s i gns to it .

(2 ) Acom m it tee es tabl i shed under subsec t ion (1)-(a) consists of at least two m e m b e r s of the Board and such other persons as

th e Board m ay appo int as members of the com mit tee on such te rms andcond i t ions as the Board may de te rm ine ; and

(b ) meets at the t ime and place and on such terms and conditions as t h e - - -Board m a y de t e rmi ne . ]

(3) The Board must des igna te two m e m b e r s of the Board as chai rpe rsonand v ice -ch ai rpe rson of a com mit tee of the B oard

(4) Subjec t to sect ion 26(4), th e Exe c u t i ve D i re c to r is an ex off ic io m e m b e rof every comm ittee establ ished unde r subsec t ion (1) .Delegation and assignment of powers and functions

23. (1) The B o a r d , in w r i t i n g an d subject to s u c h c o n d i t i o n s o rrest r ic t ions as i t may i mpos e , m ay delegate any p o w e r or assign any func t ion confe rredor imposed on i t by or und er this Act to the Exec ut ive Di rec tor or any com mit tee of th eBo a r d .

(2) T he Board is not divested or relieved of the power or function delegatedo r ass igned u nde r subsec t ion (1) and i t may at any t i m e -

(a ) w i t h d r a w o r a m e n d a n y s uc h de l e ga t i on o r ass ignment ; o r(b) w i t h o u t pre judice of any r i gh t , se t as i de o r vary a n y dec is ion made in

die exercise of such power.

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MANAGEMENT ACT, 2010Joint committees of Council and Board

24. (1) The Council and the B oard may by mutual agreementestablishjoint committees consisting of members of the Council and the Board, designated by theCouncil and the Board, respectively.(2) The Council or the Board may delegate any of its pow ers to any suchjoint committee, but is not be divested of a power so delegated, and may alter or setaside a decision of such joint committee at the first ensu ing meeting of the Council orthe Board.(3) The Vice-C hairperson, and, subject to section 26(4), the Executive

Director are ex . o f f i c i o members of every joint committee established under subsection(1).Remuneration ofmembers of Council, Board and committees

., "25.- -(1) * The Prime Minister must determine the allowances payable tomembers of the Council and the Boar d, any committee o f the Council orThe Board andany joint co mmittee of the C ouncil and the Board in accordance with section 22 of theState-owned Enterprises G overnance Act.

(2) The allowances determined under subsection (1) may differ accordingto the office held or the functions performed by the member concerned.

(3) Any allowance payable to a member who is in full-time service of theState is subject to the laws governing the conditions of employment of such member.PART IV

ADMINISTRATION OF NIPAMExecutive Director

26, (1) The Co uncil, with the conc urrenc e of the Prime Minister, mustappointed a suitable pers on, who has knowledge and expertise relevant to the functionsof NIPAM as Executive Director, on such terms and conditions as the Council maydetermine, subject to section 22(3) of the State-own ed Enterprises G overnanc e Act.

(2) The powers and duties of the Executive Director are as prescribed bythe rules,(3) The Executive Director -(a) holds office for a period of five years and is eligible for re-appointmentat the expiration of that period;(b) is the head of training and accounting officer of NIPAM;(c) is responsible for the carrying out of the resolutions of the Council and

the Board; an d

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(d ) manages the affairs of NIPAM, the Counc i l and the Board , subjec t toth e contro l an d di rec t ions of the C o u n c i l and the B o a r d .

(4) The E x e c u t i v e Direc tor m ay from t im e to t im e de s igna te an y personin th e serv ice of NI PAM to serve, in any par t icula r case or for suc h per iod as he or shem ay de te r m ine , in h is or her place as a m e m b e r of any commit tee es tabl i shed u n d e r th i sAct .

27. (1 ) The C o unc i l mus t r e qu i re the Execut ive Direc tor , and suchother senior management s ta f f of N I P A M , to ente r in to a pe r f o r m a nc e a g r e e m e n t w i thth e C o unc i l , w i th d ue regard to any di rec t ive la id down under sec t ion 4 of the State-owned Enterprises Governance A c t , setting out, among others -

(a) th e terms an d c o n d i t i o n s of a ppo in tm e n t ;. - (b) objec t ives to be ach ieved and the t ime f rame for a c h ie ve m e n t th e r e of ;

an d(c ) measures necessary to e v ide nc e suc h a c h i e ve m e n t .(2 ) Failureon the part of the ExecutiveDirector or other senior man ag emen t

staff m e m b e r to c o m ply w i th an y pr o v i s io n of a per formance agreement wh ich he orshe ente red in to wi th th e C o un c i l , c o ns t it u t e s a g r o u n d for his or her dismissa l f rom th eservice of N I P A M , subjec t to the rules of natural justice.

28. (1 ) The C o u n c i l m ay a ppo in t a person f rom th e t ra in ing staff asDe pu ty Exe c u t ive D i r e c to r of N I P A M .

(2 ) T h e po we r s an d dut ies of the De pu ty E x ecu t i v e Direc tor ar e de te r m ine db y th e C o u n c i l .

(3 ) T h e E x ec u t i v e Dir e c to r m ay de lega te to the De pu ty Exe c u t ive D i r e c to ror any other staff member any of h is or her powers , but i s not d ives ted of a power sode leg a ted .

29 . The Cou nc i l mu st appoin t a person f rom the a dm in i s t r a t i ve staff as theF i n a n c e Contro l le r ofN I P A M-(a) to assist t h e Exe c u t ive D i r ec to r i n th e a dm in i s t r a t io n a nd m a na ge m e n tof the f u n d s of NIPAM accord ing to pol ic ies , ru les and regu la t ions ;

an d(b) to se rve as the dep osi tory of the f inanc ia l records and o ther documents

o f N I P A M .

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MANAGEMENT ACT, 2010Training and administrative staff

30. (1) TheCounci l may -(a ) on the r ecommenda t ion of the Board, appoint trainers, special ists or

consultants to render service as part of t ra in ing staff of NIPAM; or(b ) appoint persons to serve as par t of administrative staff of NIPAM.(2) The Council -(a) with the concurrence of the Prime Minister, determines the conditions

of service, remuneration and benefits of the Executive Director andother management staff of NIPAM, subject to section 22(3) of theState-owned Enterprises Governance Act; and

(b ) determines th e cond i t i ons of service , remunerat ion an d benefits of other staff membefs of-NIEAM below management level .

(3) NIPAM may only employ a non-Namibian on a f ixed con tract ofemployment and on such terms and conditions as the Counc i l may determine in eachparticular case.Registration for programmes or courses and fees

31. (1) The Council, on the recommendation of theBoard, determinesrequirements fo r nomination an d registration fo r capacity building offers at NIPAM.

(2) Subject to this Act, the Council , after consultat ion with the Board may -(a) prescribe minimum eligibil i ty requirements fo r registration an d

attending a trainin g program me or course, or cancel la t ion ofregistration;

(b ) refuse permission to a person to register or at tend a programme orcourse who do not satisfy th e minimum requirements;

(c ) refuse permission to a person to register for a pr ogr amme or cou r se , ifit is considered to be in the interest of NIPAM to do so; or

(d) determine the number of persons who may be permitted to register fora particular programme or course, andselect, from among the personsW ho satisfy th e minimum requirements fo r such programme or course.

(3) The Counci l , a f ter consu l ta t ion with th e Board , determines th e feespayable by a pub l i c se r van t , any perso n, cl ient , organisation or beneficiary.

(4) A person attending a t r a in ing p r og r amme or course or an event atNIPAM is subject to the standard of conduct prescribed by the ru les .

Certificates and diplomas32. (1) Subject to this Act and the rules, NIPAM, may confer any

certificate or diploma in training as it may consider necessary to confer.

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(2) Sub ject to sect ion 31 , N I P A M , may no t confer a cer t i f i ca te o r d i p l o m aupon any person unless such person has -

(a ) a t t ended a program me or course , as a t ra inee fo r ce r t i f i ca te o r d i p l o mafor s u ch pe r i o d , an d sat isf ied such other requirements ; an d

(b ) attained th e standard of proficiency in an examination or test,as determined by the Bo a r d .Medium of instructions

33 . E n g l i s h is the m e d i u m of i n s t ruc t ions at N I P A M .P A R T Y

FINANCIALPROVISIONSFunds, account^, ftafcucnrf year and a udit

34 . (1 ) T he f u n ds of NIPAM consis t of -(a ) moneys appropr ia t ed by Par l i amen t fo r supp or t ing the ob jec ts o f

NIPAM; . "(b ) m o n e y s accrued to N iP AM in t e rms of t h i s A c t , i n c l u d i n g tr a i n i n g an d

other fees;(c) any mone y rece ived by NIPAM from any source , i n c l u d i n g d o n a t i o n s

an d beques t s ; and(d) any in teres t earned on investments o f any money.(2 ) The E x e cu t i v e D i r e c t or a d mi n i s t e r s the f u n d s of N I P A M , and -(a ) is charged w i t h the respon s ib i l i ty o f accoun t ing for moneys rece ived

a nd pa ym e nt m a de by NIPAM;(b ) m u s t keep records of the financial t ransact ions , accoun t s , assets an d

l i ab i l i t i e s ; a n d(c) as soon as practicable after the end of each f inancial year, must cause

a n n u a l f i nanc i a l s t a t e me n t s to be prepared in ac c o rd an c e w i t h genera l lya cce p t e d a cco u n t i n g p r a c t i ce , i n c l u s i v e of an i n co me s t a t e me n t a n db a l a n c e shee t in respect of tha t f i n a n c i a l y ea r , . fo r adopt ion by theCou n c i l .

(3) M oneys o r o ther proper ty don a ted o r beq uea the d to NIPAM are u t i l i zedin accordance wi th the c o n d i t i o n s , if any , of the do n a t i o n or beques t concerned.

(4 ) M o n e y s n o t r e q u i r e d for i m m e d i a t e u s e m a y b e i n v e s t e d wi tha registered f inancial ins t i tu t ion, in such ma n n e r as the Pr ime Minister, wi th th ec o n c u r r e n c e of the M in i s t e r o f F inance , may approve .

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(5) The financial year of NIPAM ends on 31 March in each year.(6) The Council must cause to be opened and maintained wi th a bank orbanks approved by the Prime Minister -(a ) an account into which all moneys payable to NIPAM must be deposited

an d from which paym ents must be made; and(b) a reserve account into w hich surplus money may be deposited and from

which an y inves tm ents contemplated in subsection (4) may be d r a w n .(7) The Council must appoint an auditor registered in terms of the Public

Accountants1 and Audi tor s ' Act , 1951 (Act No. 51 of 19951) to annua lly audit accountsand financial statements of NIPAM.Granting of subsidies and loans to NIPAM

.35. TheJ?:dme Minister, w ith the c onsent of the M inister of Finance, mayout of m oney s appropriated by Par l iamen t for the purpose - " ' ~"~"(a) grant subsidies to NIPAM in respect of capital and normal recurrent

expenditure of NIPAM on the terms and conditions mutually agreedupon by the Prime Minister, the Minister of Finance, and NIPAM;

(b) subject to such conditions as the PrimeMinister, with the consent of theMinister of Finance, may determine, grant loans to NIPAM in respectof-

(i) the erection of buildings and the acquisition of equipment of apermanent nature;(ii) the acquisition of immovable property, including rights therein

or thereto, and the defrayment of costs connected with thesurvey thereof;

(iii) the defrayment of the capital outlay on the improvement ofimmovable property;

(iv) the purchase, lease or acquisition otherwise of movableproperty of a capital nature; or

(v ) the payment of any other loan raised by NTPAM for anypur pose mentioned in subparagraphs (i) to (iv).Exemption from payment of tax and other charges

36. No tax or charge on income or transfer or stamp duty imposed by orunder any law is payable by NIPAM.Annual report

37. (1) The Cou ncil mu st, in accord ance w ith section 26 of the State-o w n e d Enterprises Governance Act, not later than six months after the end of each

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(2) Th e Pr ime M inis te r mus t table t he annua l report in the NationalA s s e m b l y w i t h i n 3 0 days of receipt thereof i f the National As sembly is t h en in ordinaryses sion, or, if th e Nat ional A ss embly i s not t hen in ordinary se s s ion , w ith in 30 days a f te rth e com menc ement of i ts next ordinary se s s ion.

PART VIG E N E R A L PROVISIONS

Preservation of secrecy3 8. (1 } A person w h o h a s confidential information relat ing to the

affairs of t he C ounc i l or the B oard or any comm it tee , or wh o obta ins or has acces s tos u c h inform at ion by vi r tue of su ch pe r son ' s off ice or employm ent or part icipat ion in theactivities of t he C oun ci l , Board or com mit tee in terms of t h i s Ac t , may not d i sc lose suchinformation to any person, except -

(a) to a person w ho of necessi ty requ ires i t for the performance of anyfunc t ions in terms of this Act ;

(b) i f the person discloses such information in the performance of anyf unc t ions in terms of this Act ;

(c) if s u c h information is required in terms of any law or as evidence in anycourt of l a w : or

(d ) w i t h the prior wr it ten approval of th e Prime M ini s te r , t he ch ai rpersonof t he Counci l or t he Board, or t he Execut ive Director , granted inrespect of any matter w h ich in the opinion of the Prime Mini s t e r , th echai rperson or th e Execu t ive Director, is of a general nature and may bedisc losed in t he publ ic intere s t .

(2 ) A person w h o cont ravenes subsect ion (1) c o m m i t s an o f f ence and isl iab le to a fine not exceeding N$8 000 or to impr i sonment for a period not exceedingtw o year s , or to bo t h s uch f ine and such impr i sonment .Limitation of liability of members of Council, Board an d committees an d s taf f ofNIPAM

39 . A member of t he Cou nci l , Board, or comm it tee or a s ta f f member ofNIPAM is not personally l iable for anything done or omit ted in good faith and notattr ibutable to gros s negl igence du r ing th e exerci se or per formance of h i s or h er powersor f u nc t io n s as s uch member or s uch s t af f member in t e rms of or u n d e r t h i s Ac t .Of fences an d penalties

40 . A pe r son w ho , w i t h o u t t h e au t h o r i t y o f NIPAM -(a) establishes or c o n d u c t s an in s t i tu t ion , not being an ins t i t u t ion

es tab l i shed by or under an y l a w , u n d e r a n a m e t ha t i nc lude s th e w o r d"Ins t i tu te of P u b l i c Ad m in i s t r a t i o n an d Management " or " N I P A M " ;

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(b) in any wa y makes it known or pretends to any other person tha t heor she can offer any course of study or part thereof which entitles theperson wh o has followed such a course or pa rt thereof to the gra ntin gof a diploma or certificate offered by N I P A M ;

(c ) confers a d ip loma or certi f icate purp orting to be a diploma or certi f icategranted by NIPAM; or

(d ) performs any act which purports to have been done by or on behalf ofN I P A M ,

commits an offence and is liable to a fine not exceeding N$20 000 or to imprisonmentfor a period no t exceeding f ive years, or to both such f ine and such imprisonment.Agreements

41. The Council may enter into agreements wi th any t ra ining , educat ionalor other inst itut ion, wh ether in Namibia or elsewhere, to effectively -and-efficientlycarrying out its functions to ach ieve th e objects of NIPAM.Regulations and rules

42. (1) The Prime Minister may, on the recommendation of theCounc i l or the Board, as the case may be , make regulations on any matter which th eCounci l or the Board considers necessary or expedient to regulate for the purpose ofgiving effect to the objects of N I P AM or the achievement of the purposes of this Act.

(2 ) Subject to subsection (3), th e Counci l may make rules, not inconsis tentwith this A c t , relat ing to -

(a) any matter required or permitted to be prescribed in terms of this Act;(b ) any matter which th e Council considers necessary or exped ient for the

eff ic ient and effective carrying out of the funct ions of N IP A M or for theachievement of the objects of NIPAM; an d

(3) The Counc i l may not make any rule und er subsection (2 ) which dealswith any matter relating to the activities of the Board, unless th e Council has consultedwith th e B o a rd .Short title and commencement

43. This Act is called th e Namibia Insti tute of Publ ic Administ rat ion andManagement Act, 2010, and comes into operation on a date determined by the PrimeMinister by notice in the Gazette.