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B. 13 - 2010 - Appropriation Bill

REPUBLIC OF NAMIBIA
NATIONAL ASSEMBLY

______________________

APPROPRIATION BILL

_________________________________

(As read a First Time)

_________________________________

(Introduced by the Minister of Finance)

BILL

BE IT ENACTED

To appropriate amounts of money to meet the financial requirements of the State during the financial year ending 31 March 2011.
by the Parliament of the Republic of Namibia, as follows:
Appropriation of amounts of money for financial requirements of State
1.
Subject to the State Finance Act, 1991 (Act No. 31 of 1991), the amounts of money shown in the Schedule are appropriated for the financial requirements of the State during the financial year ending 31 March 2011 as a charge to the State Revenue Fund.
Short title
2.
This Act is called the Appropriation Act, 2010.3
SCHEDULE

Vote

Title

Amount Appropriated N$

President

360 399 000

Prime Minister

164 509 000

National Assembly

117 536 000

Auditor-General

52 867 000

Home Affairs and Immigration

174 284 000

Police

1 890 448 000

Foreign Affairs

505 480 000

Defence

3 014 774 000

Finance

2 650 427 000

Education

6 476 391 000

National Council

51 016 000

Gender Equality and Child Welfare

521 659 000

Health and Social Services

2 593 039 000

Labour and Social Welfare

1 140 182 000

Mines andEnergy

177 161 000

Justice

326 735 000

Regional and Local Government, Rousing and Rural Development

958 693 000

Environment and Tourism

347 927 000

Trade and Industry

490 689 000

Agriculture, Water and Forestry

1 518 737 000

Prisons and Corrcetional Services

419 526 000

Fisheries and Marine Resources

322 180 000

Works

462 877 000

Transport

1 308 829 000

Lands and Resettlement

190 196 000

National Planning Commission

134 012 000

Youth, National Service, Sport and Culture

459 260 000

Electoral Commission

181 997 000

Information and Communication Technology

251 487 000

Anti-Corruption Commission

36 786 000

Veterans Affairs

274 538 000

TOTAL

27 574 641 000

B. 6 - 2009 - Communications Bill

REPUBLIC

OF NAMIBIA
NATIONAL ASSEMBLY

COMMUNICATIONS BILL

(As read a First TIme)
(Introduced by the Minister of Information
and Communication Technology)

[B.
6 - 2009]
2

To
BILL

provide for the regulation of telecommunications services and networks,
broadcasting, postal services and the use and allocation of radio spectrum;
for that purpose the establishment of an independent Communications
Regulatory Authority of Namibia; to make provision for its powers and
functions; the granting of special rights to telecommunications licensees; the
creation of an Association to manage the .na internet domain name space
and for matters connected therewith.
BE IT ENACTED
ARRANGEMENT OF SECTIONS
CHAPTER I
INTRODUCTORY PROVISIONS
by the Parliament of the Republic of Namibia, as follows:
Section
1. Definitions and interpretation
2. Objects of this Act
3. Establishment of Communications and Information Policy Unit
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.

CHAPTER II
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA
Establishment of Authority
Objects of Authority
Powers of Authority
The Minister may issue policy guidelines to Authority
Board of Authority
Appointment of members
Disqualification for appointment as member
Term of office of member
Vacation of office
Chairperson of Board
Remuneration of members
Meetings of Board
Committees of Board
Disclosure of interests
Delegation of powers, and assignment of duties and functions
Indemnity of members and employees of Authority
Chief executive officer
Staff of the Authority and transfer of service
Funds of Authority
Regulatory levy
Transfer of assets and liabilities to Authority
Financial year
Annual Report

27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.

CHAPTER III
PROCEDURAL MATTERS

Public availability of infonnation
Confidential infonnation
Confidential communications with Authority
Procedural regulations
Reconsideration
Review of actions of Authority

CHAPTER IV
PROMOTION OF COMPETITION
Anti-competitive practices
Jurisdiction of Authority
Transfer of control of licensees and assignment of licences
CHAPTER V
TELECOMMUNICATIONS SERVICES
Definition for purposes of this Chapter

PART 1
TELECOMMUNICATIONS LICENCES

Prohibition of provision of telecommunications servIces and operation of
network without licence
Telecommunications licences
Selection criteria for telecommunications service licences
Licensing procedures
Tenders and competitive bidding
Refusal, renewal, modification and termination of licences
Pri vate networks
Provision of telecommunications equipment
Automatic licence to be granted to Telecom
Ownership restrictions

PART 2
DUTIES OF PROVIDERS OF TELECOMMUNICATIONS SERVICES

Application of this Part
Duties of carriers relating to promotion of competition
Interconnecti on
Sharing of infrastructure
Prohibition against restraint of resale
Duty not to discriminate when rendering telecommunications services

53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
PART 3
TARIFFS AND ACCOUNTING

Rates and tariffs
Cost Accounting Procedures
Reporting requirements

PART4
UNIVERSAL SERVICE
Universal Service Fund'
Provision of universal service
Universal service report
PART5
SPECIAL RIGHTS OF CARRIERS

Applicability of this Part
Entry upon and construction of lines across any land
Underground pipes for telecommunication service purposes
Pipes under streets
Removal of pipes and facilities
Fences
Trees obstructing telecommunication facilities
Height or depth of cables and facilities
Railways and electrical works
Carriers to perform functions in prescribed manner
Authority to adjudicate in disputes between owners of property and carriers

PART6
INTERCEPTION OF TELECOMMUNICATIONS
73.
74.
75.
76.
77.
Interception centres
Duties relating to interception
Assistance by telecommunications serVIce providers and compensation
therefor
Duty to obtain information relating to customers
Functions of Authority relating to interception
Disclosure of information
Equipment relating to interception
Regulations relating to interception
PART7
MISCELLANEOUS MATTERS
78.
79.
80.
81.
Detem1ination of dominant position
Consumer protection
Equipment approvals and standards
Numbering administration

82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.

CHAPTER VI
BROADCASTING SERVICES
Definition for purposes of this Chapter
Prohibition of provision of broadcasting services without licence
Categories of broadcasting licences
Issue of broadcasting licences
Conditions on broadcasting licences
Duration of, renewal and lapsing of broadcasting licence
Payment of broadcasting licence fees
Broadcasting code
Supervision by Authority
Furnishing of financial statements
Broadcasting licences issued under Act 4 of 1992
Application of this Chapter to Namibian Broadcasting Corporation
CHAPTER VII
POSTAL SERVICE LICENCES
Definition for the purposes of this Chapter
Prohibition of the provision of postal services without licence
Postal service licences
Transfer of postal service licences
Regulations relating to postal service licences
CHAPTER VIII
REGULATION OF RADIO SPECTRUM
Control of radio spectrum
Frequency band plans
Spectrum licences, certificates and authorities
Control of possession of radio apparatus
CHAPTER IX
ESTABLISHMENT AND INCORPORATION OF .NA
DOMAIN NAME ASSOCIATION
Establishment of Association
Incorporation of Association
Association's memorandum and articles of association
Board of directors of Association
Staff of Association
Licensing of registrars and registries
Functions of Association
Finances of Association
Reports
Regulations regarding Association
Alternative dispute resolution

114.
115.
116.
117.
118.
119.
120.
121.
122.
123.
124.
125.
126.
127.
128.
129.
130.
131.
132.
133.
134.
135.
136.

CHAPTER X
GENERAL PROVISIONS
Regulatory offences
Manner of prosecuting regulatory offences
Enforcement order
General offences
Forfeiture of equipment or apparatus
Production of books and records
Summoning of witnesses.
Power to monitor compliance with provisions of this Act
Investigations by Authority
Inspectors
Special investigators
General powers of inspectors
Power to enter and search
Investigation of offences
Expropriation
Regulations
National security
Complaints by users
Mediation proceedings
Act to bind State
Repeal and amendment of laws
Transitional provisions
Short title and commencement
SCHEDULE
CHAPTER I
INTRODUcrORY PROVISIONS

Definitions and interpretation

1.
"Association" means the .na Domain Name Association established by section 103;
(1) In this Act, unless the context indicates otherwise -
"Authority" means the Communications Regulatory Authority of Namibia established
by section 4;

"Board" means the Board of the Authority referred to in section 8;
"broadcast" means to disseminate electronic communications
-
(a) by radio waves ifthat communications are intended to be received by the public
or the subscribers to a particular service, directly or by the intermediary of relay
stations; or

(b) by any
other means if that communications are intended to be received by the
public or the subscribers to a particular service and the Authority has after

following a rule-making procedure,
by regulation prescribed that the specified
services are broadcasting services;
"broadcasting code" means the broadcasting code made in terms of section 89;
"broadcasting licence" means a broadcasting licence issued in terms of section 85;
"Chairperson" means the Chairperson of the Board appointed under section 13;
"class licence" means a telecommunications licence referred to in section 38(1)(c);
"communications" means electronic communications and communications
by means of
postal services;

"customer" means any person who concluded a contract with the provider of
telecommunications services for the provision of such services;
"Director-General" means the Director-General defined in section 1 of the Namibia
Central Intelligence Service Act, 1997 (Act No. 10 of 1997);
"domestic telecommunications service" means a telecommunications service that both
originate and terminate within Namibia;
"dominant" means determined to be dominant as contemplated in section 78;
"electronic communications" means any emission, transmission or reception of
sound, pictures, text or any other information
electromagnetic systems or any other means of a like nature;
"fixed line telephone service" means the commercial provision to the public of a
service consisting of the transport and switching of speech in real time over its network,
enabling any user to use equipment connected to termination points of that network so
as to communicate with another termination point or any termination point on a network
interconnected with the network of the carrier concerned;
by wire, radio waves, optical media,
"individual licence" means a telecommunications licence referred to in section 38(1)(a)
or (b);

"international telecommunications service" means any telecommunications service
provided between Namibia and foreign countries;
"interconnection" means the linking of two telecommunications so that users of either
network may communicate with users of, or utilise services provided
the other network or any other telecommunication network connected to the other
network;
by means of,
"member"
means a member of the Board;
8

"Minister" means the Minister responsible for Communications;
"number portability" means the ability of users of telecommunications services to
retain, at the same location, existing telecommunications numbers without impairment
of quality, reliability or convenience when switching from one carrier to another;
"postal services" means the business of receiving, collecting, dispatching, conveying
and delivering postal articles and of transmitting and delivering telegrams and of
performing all incidental services;
"private line service" means
telecommunications facilities or an agreed upon amount of capacity between or among
fixed points is reserved for the exclusive use of a particular customer for an agreed
upon period of time, for which the customer compensates the provider based on the total
amount of capacity leased rather than actual usage by the customer;
"public pay-telephone" means a telephone terminal available for the use of the public
and for the use of which the methods of payment are coins, credit or debit cards or prepayment
cards or other means of direct payment at the fees charged by the provider of
such public telephone terminal;
"radio waves" means electromagnetic waves which are propagated in space without
artificial guide and having frequencies of lower than 3 000 Ghz, "radio frequency" and
"radio frequency spectrum" is construed accordingly;
a telecommunications service in which certain
"radio apparatus" means a telecommunications device which is capable of transmitting
or receiving any signal by radio waves, other than -
(a) a sound radio set or other device capable of receiving only frequencies reserved
for broadcasting by radio waves in the form of sound; and
(b) a television set;

"regulation" means a regulation made under this Act or deemed to have been made
under this Act;
"resale" means the commercial offering to the public of telecommunications services
obtained from another carrier and "reseller" will be construed accordingly;

"rule-making procedure" means a procedure prescribed in terms of section 30(3);

"tariffs" means the published rates and other terms and conditions under which a
customer may receive telecommunications services;

"Telecom" means Telecom Namibia Limited established by section 2(1)(b) of the Posts
and Telecommunications Companies Establishment Act, 1992 (Act No. 17 of 1992);
"telecommunications licence" means a licence referred to in section 38(1);

"telecommunications services" means services whose provision consists wholly or
partly in the transmission or routing of information on telecommunications networks by
means of telecommunications processes but does not include broadcast services;

"universal service" means the services prescribed in terms of section 57(1);
"Universal Service Fund" means the Fund established by section 56;
"user" means any natural or juristic person, including customers, who uses or requests a
telecommunications service, whether or not that person pays for such service.

(2)

(a)
(b)
(c)
(d)
For the purposes of this Act, one person is an affiliate of another person -
if one of them directly or indirectly controls the other one of them;
if one of them holds directly or indirectly, an interest of 10% or more in
the other of them;
if they are both controlled directly or indirectly by the same person; or

if any person holds directly or indirectly an interest of more than 10%
in both of them.
(3) For the purposes of this Act, one person is deemed to control another
person if the former has the power to direct or cause the direction of the management of
the latter person, whether through ownership of shares, voting, securities, partnership
or other ownership interest, whether by contract or otherwise and whether directly or
indirectly.

Objects of this Act

2.
The objects of this Act are -
(a) to establish the general framework governing the opemng of the
telecommunication sector in Namibia to competition;
(b) to provide for the regulation and control of communications activities
by an independent regulatory authority;

(c)
efficient telecommunications services to all users in the country;
to promote the availability of a wide range of high quality, reliable and
(d)
facilities and services in order to respond to the diverse needs of
commerce and industry and support the social and economic growth of
Namibia;
to promote technological innovation and the deployment of advanced
(e)
Namibia;
10
(f)
(g)
(h)
(i)
(k)
to increase access to telecommunications and advanced information
services to all regions of Namibia at just, reasonable and affordable
pnces;
to encourage local participation in the communications sector in
to ensure that the costs to customers for telecommunications services
are just, reasonable and affordable;
to stimulate the commercial development and use of the radio frequency
spectrum in the best interests of Namibia;
to encourage private investment in the telecommunications sector;

to enhance regional and global integration and cooperation in the field
of communications;
to ensure fair competition and consumer protection in the
telecommunications sector;
(1) to advance and protect the interests of the public in the providing of
communications services and the allocation of radio frequencies to the
public.
Establishment of Communications and Information Policy Unit
3. (1) Subject to the laws governing the Public Service in Namibia,
The Minister may establish a Communications and Information Policy Unit in the
Ministry for which he or she is responsible and designate such staff members in the
Public Service to perform such duties in that unit as he or she thinks fit.
(2) The unit must advise the Minister in the performance of his or her
duties in terms of this Act and may advise him or her in relation to any matter relating
to communications.

CHAPTER II
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

Establishment of Authority
4. (1) The Communications Regulatory Authority of Namibia (for
which the abbreviation CRAN may be used) is hereby established.
(2)
for in this Act.

The Authority is a juristic person with the objects and powers provided

Objects of Authority
5. The objects of the Authority are to regulate the communications
industry in Namibia in accordance with the provisions of this Act.
11
Powers of Authority
6. In order to achieve its objects the Authority has, in addition to the
powers granted to it elsewhere in this Act, the power to -

(a)
in the manner that it thinks fit: Provided that the Authority may only
acquire, alienate or mortgage immovable property with the approval of
the Minister;
own movable and immovable property and to deal with such property
(b) conclude any contract;

(c)
institute and defend legal proceedings in its own name.
Minister may issue policy guidelines to Authority
7. (1) The Minister may issue general policy guidelines to the
Authority, not inconsistent with the provisions of this Act, subject to which the Authority
must exercise the powers vested in it by virtue of the provisions of this Act.
(2) The policy guidelines referred to in subsection (1) must be prepared
after consultation with the Authority.
(3) The Minister must follow such process as he or she considers expedient
to obtain the views of stake holders in the communications industry before issuing
guidelines in terms of subsection (1).
(4)
the
Gazette.
Any guidelines issued in terms of subsection (1) must be published in
Board of Authority
8. The Authority is managed by a Board that consists of five members
unless a different number is determined in accordance with section I4(I)(a) ofthe Stateowned
Enterprises Governance Act, 2006 (Act No.2 of 2006).
Appointment of members
9. (1) The Board must be constituted, and its members, including the
chairperson and the vice-chairperson of the Board, must be appointed in accordance
with, and for a period as determined under sections 14 and 15 of the State-owned
Enterprises Governance Act, 2006 (Act No.2 of 2006).
(2) The members of the Board must, when viewed collectively, be persons
who represent a broad cross-section of the population of Namibia including with
reference to gender, and who possess proven qualifications, expertise and experience in
the fields of information and communication policy and technology, radio services, law,
economics, business practice and finance.

Disqualification for appointment as member
10.
or she -
(a)

(b)
(c)
(d)
(e)
(f)
A person is not eligible for appointment as a member of the Board, if he

is not a Namibian citizen and not lawfully admitted to Namibia for
permanent residence;
is not resident in Namibia;
is a member of Parliament, a regional councilor a local authority;
manages, is employed by or has any financial interest in any provider
of telecommunications services or any business having a financial
interest in any product or industry that is or may be regulated by the
Authority;
has been convicted of an offence, other than a political offence
committed before the date of Independence of Namibia, in any country
and sentenced to a term of imprisonment without the option of a fine;

has any other financial or other interest likely to prejudicially affect the
performance of his or her duties as member of the Board;

(g) has been declared as mentally ill under any law relating to mental
health; or
(h) is an unrehabilitated insolvent.
Term of office of member
11. (1) Unless a different determination has been made in terms of
section 14 (1)(d) of the State-owned Enterprises Governance Act, 2006 (Act No.2 of
2006), and subject to subsection (2), the term of office of a member is three years.
(2)
member.

A member whose term of office has expired, may be re-appointed as a

(3) When a vacancy arises on the Board, the Minister must appoint a
member for the unexpired portion of the term of office of the member who has vacated
his or her office.
Vacation of office
12. (1)
(a) resigns as a member by giving not less than one month's written notice
to the Minister;
(b) has without the leave of the Board, been absent from three consecutive
meetings of the Board;
A member vacates his or her office as member, if he or she -
13

(d)
is removed from office under subsection (2).
(2)
The Minister may remove any member from his or her office, if -
(a) the Minister is satisfied that such member is by reason of his or her
physical or mental condition or for any other reason incapable of acting
as such member;

(b) such member is guilty of conduct which renders him or her unable or
unfit to efficiently discharge the functions of the office as a member or
has taken part in the discussion of, or has voted in connection with, any
matter in which he or she has an interest; or
(c)
Authority.
(3) The Minister may only so remove a member from office after giving
notice to such member and after affording him or her a reasonable opportunity to be
heard.
(4) Where a member has vacated his or her office such member may not
represent nor appear before the Authority on behalf of a party for a period of twelve
months after leaving office.
(5) A member who participated as a member in the consideration of any
matter may not represent nor appear before the Authority on behalf of a party in relation
to such matter.
Chairperson of Board
13. (1) The Minister must appoint a chairperson and a vice-chairperson
from among the members of the Board.
(2) The chairperson or in his or her absence, the vice-chairperson must
preside at a meeting of the Board.
(3) If both the chairperson and the vice-chairperson is for any reason unable
to preside over a meeting of the Board, the members present must elect a member from
among themselves to act as chairperson of the Board, for that meeting.
Remuneration of members
such member is guilty of conduct prejudicial to the objectives of the
14. (1) A member, who is not in the full time employment of the State,
must be paid out of the funds of the Authority such allowances or other remuneration in
respect of his or her service as member, as the Minister in consultation with the Minister
of Finance may determine in respect of the chairperson and other members.

(2) Allowances or other remuneration determined under subsection (1)
may differ according to the different offices held or functions performed by members.

Meetings of the Board
15.
place as the Minister may determine, and subsequent meetings of the Board may be held
at such time and place as the Board or the chairperson may determine, but in no case less
than once every two months.
(1) The first meeting of the Board must be held at such time and
(2) The chairperson or a majority of the members may at any time, and
must at the written request of the Minister convene a special meeting of the Board.
(3) The majority of the members constitute a quorum at a meeting of the
Board.
(4) The chairperson must cause reasonable notice of every meeting of the
Board to be given to the members.

(5) The decision of a majority of the members present and voting at a
meeting of the Board constitutes a decision of the Board, and in the event of an equality
of votes the person presiding at such meeting has a casting vote in addition to his or her
deliberative vote.

(6) A decision of the Board or an act performed under the authority of the

Board is not invalid only by reason of
-
(a) a vacancy on the Board; or
(b) the fact that a person not entitled to sit as a member of the Board was in
attendance when the decision was taken or act authorised,

if the decision was taken or act authorised by a majority of the members who were
present and entitled to vote at such meeting.
(7) Subject to the provisions of this Act, the Board may regulate its
procedures and the procedures that must be followed when a meeting of the Board is
convened.
(8) The Board must cause minutes to be kept of the proceedings at its
meetings and the meetings of its commit tees.

(9) Subject to subsection (10), all meetings of the Board where any person
makes representations to the Board or presents arguments on a question of law or fact to
the Board as well as any hearing before any organ of the Authority must be open to the
public: Provided that in the case of a meeting or part of a meeting where the members
of the Board only deliberate among themselves may be open or closed to the public as
the Board may decide.

(10) The Board may decide to close the whole or part of any meeting or
hearing that in terms of subsection (9) must be open to the public, on the grounds that
such meeting or part of a meeting will relate to or disclose

(a)
(b)

matters relating to the internal personnel rules and practices of the
Authority;
trade secrets or commercial or financial information that is privileged
or confidential; or
information of a personal nature the disclosure of which would
constitute an unwarranted invasion of personal privacy.
(11) In determining whether to close a meeting to the public the Board may
require a person requesting such action to demonstrate the reasons why such meeting
must be closed to the public in a meeting of the Board that is closed to the public.
(12) The grounds for closing a meeting to the public must be recorded and
such recording must state the provision of this section authorising such closing.

(13) Notwithstanding the provisions of subsection (5), a written resolution
not passed at a meeting of the Board but signed by all the members of the Board at that
time present in Namibia and sufficient to constitute a quorum is as valid and effectual as
if it had been passed at a meeting of the Board duly convened and constituted, and such
resolution must be recorded in the minutes of the next ensuing meeting of the Board.

Committees of the Board

16.
(a)
duties;
(1) The Board may from time to time establish a committee to -advise the Board in the exercise of its powers and performance of its
(b) perform any function that the Board may delegate to such committee.

(2) A committee established under subsection (1) must consist of at least
one member and such other person or persons as the Board may determine, and such
committee may, with the approval of the Board, co-opt persons of special expertise to
advise it in the performance of its functions, but such co-opted person is not entitled to
vote at any such meeting.

(3)
committee.

The Board must designate a member as chairperson of each

Disclosure of interests

17.
interest in any matter pending before the Board or which is likely to conflict with any
matter that may be regulated by the Authority, must as soon as possible after the relevant
facts have come to his or her knowledge, in writing disclose the nature of his or her
interest in a meeting of the Board or of a committee, as the case
(1) A member or committee member who has a direct or indirectmaybe.
16

(2) The member or committee member who has the interest to which the
disclosure relates may not be present during or take part in the deliberations or decision
on such matter by the Board or committee, as the case may be.
Delegation of powers, and assignment of duties and functions
18. (1) The Board may delegate any power, or assign any duty or
function conferred or assigned to it by or under this Act, except a power to make
regulations, issue an individual telecommunications service licence or a broadcasting
licence and to reconsider a decisi°l! of the Authority as contemplated in section 31, to -

(a) a member of the Board;
(b) a committee of the Board; or

(c)
a staff member or consultant of the Authority.
(2) A power, duty or function delegated under subsection (1) must be
exercised or performed subject to the direction of the Board and the Board is not
divested of such delegated power or function, and may
-
(a)
relating to the exercise of the power function or duty as may be
necessary;
(b)
issue such guidelines or instructions or may place such limitationsmay at any time withdraw or amend such delegation;
(c)
power, function or duty.
(3) The Board may instruct any member, committee or staff member to
determine any question, to investigate any matter, to conduct any hearing or to perform
any function relating to a power, duty or function whether such power duty or function
may be delegated or assigned in terms of subsection (1) or not.
authorise or issue instructions relating to, the further delegation of such
(4) When the Board acted under subsection (3), the member, committee
or staff member concerned must prepare a report which must contain all relevant
information relating to the instruction referred to in subsection (3).
Indemnity of members and employees of Authority
19. No member, committee member or staff member of the Authority will
be personally liable for any damage or loss arising out of any act done by himself or
herself in good faith and in the course of his or her duties to the Authority unless such
loss or damage is due to his or her wilful misconduct, dishonesty or gross negligence.
Chief executive officer
20. (1) Subject to subsection (3) and section 22(3) of the State-owned
Enterprises Governance Act 2006, (Act No.2 of 2006), the Board must appoint a
17

suitably qualified person as the chief executive officer of the Authority who will act as
the chief executive officer of the Authority.

(2) The appointment of the chief executive officer must be for a term of
five years, renewable on expiry, but he or she may be removed from office before the
expiry of the term of office in accordance with the provisions of his or her contract of
employment, section 21(2) of the State-owned Enterprises Governance Act, 2006 (Act
No.2 of 2(06), and the law of Namibia.
(3) The Board may not appoint any person as chief executive officer who
is subject to a disqualification for appointment as a member of the Board referred to in
section 10.
(4)

(a)
(b)

The Chief executive officer -
must be in the full-time employment of the Authority and may
not engage in any other occupation or employment, whether for
remuneration or not, without the prior written approval of the Board;
may exercise such powers and must perform such functions as are
conferred upon him or her by this Act or assigned or delegated to
him or her by the Board, in accordance with the policies, rules and
procedures determined by the Board;
(c) must, when so requested by the Board attend any meetings of the
Board, but does not have the power to vote thereat;

(d) is responsible for the work of the Authority and the performance of its
functions in terms of this Act;

(e) is responsible for the supervision and control of the staff of the
Authority;

(f)
of moneys received and payments made by the Authority, and must
keep or cause such proper accounts and records of account to be kept
as are necessary to represent fairly the state of affairs and business of
the Authority;
is the accounting officer of the Authority charged with the accounting
(g)
six months and at the end of each financial year.
(5) If the chief executive officer is temporarily unable to perform his
or her duties the Board may designate any member or employee of the Authority to
temporarily act as chief executive officer, and such person must exercise the powers and
perform the duties of the chief executive officer during that period.
Staff of the Authority and transfer of service
21. (1) Subject to the State-owned Enterprises Governance Act, 2006
(Act No.2 of 2006), the Board may on the recommendation of the chief executive officer
18
and upon such remuneration and conditions of service as it may determine, appoint as
employees of the Authority, such persons as it deems necessary in order to assist the
Authority with all such work as may arise through the exercise and performance of its
powers, duties and functions in terms of this Act.
(2) A staff member who leaves the employment of the Authority may
not represent any person in any matter pending before the Authority if he or she has
performed any significant function in relation to that matter.
(3) The Board and the Minister may conclude an agreement whereby staff
members in the Public Service whose duties relate to the functions of the Authority are
transferred to the Authority under such conditions as are contained in the agreement in
question.
must report to the Board on the activities of the Authority once every
Funds of Authority

22.

(a)
(b)
(c)
(1) Subject to subsection (2) the funds of the Authority consist of -

an initial amount appropriated by Parliament for the benefit of the
Authority;
fees received by the Authority in relation to the grant, renewal or
transfer of any licence or authorisation in terms of this Act or any other
law;
any fees received by the Authority in relation to the regulation and
control of the radio wave spectrum;

(d) any other fees or levies prescribed under this Act or any other law for
the benefit of the Authority;
(e)
activities;
any revenue received for services provided in the course of its
(f)
accordance with the provisions of this Act or any other law;
(g)
fines and other monetary sanctions imposed by the Authority inproceeds from auctions of radio frequencies;
(h)
the Authority; and
(i)
donations or grants made for the benefit of the Authority.
(2) The moneys paid to the Authority pursuant to a universal service levy
imposed under section 56(2) and any interest derived from the investment of such
moneys do not form part of the funds of the Authority.
19
(3) The Board must adopt such rules and procedures relating to the
accounting for the funds of the Authority and the Universal Service Fund as may be
necessary to ensure proper administration of and accounting for those funds.
(4) The rules and procedures adopted under subsection (3) must be in
accordance with internationally accepted accounting practice.
(5) The Board may, with the approval of the Minister and with the
concurrence of the Minister of Finance, invest any moneys standing to the credit of the
Authority or the Universal Service Fund which is not required for immediate use under
this Act with any banking institution or building society registered in terms of the laws
governing banking institutions and building societies in Namibia.
(6) The accounts of the Authority and the Universal Service Fund must
be audited annually by an independent person who is registered as an accountant
and auditor in terms of the Public Accountants' and Auditors' Act, 1951 (Act 51 of
1951) appointed by the Board, which will rely on internationally-accepted accounting
practices and that person must submit his or her report to the Board.
interest derived from the investment of moneys standing to the credit ofmoneys accruing to the Authority from any other source, including
Regulatory
levy
23. (1) The Authority may by regulation after having followed a
rule-making procedure, impose a regulatory levy upon providers of communications
services in order to defray its expenses.
(2) Regulations made in terms of subsection (1) may impose the levy in
one or more of the following forms:

(a)
(b)

A percentage of the income of providers of the services concerned
(whether such income is derived from the whole business or a prescribed
part of such business) specified in the regulations concerned;
as a percentage of the profit of the provider concerned (whether in
respect of the whole business or in respect of a prescribed portion of
such business), calculated in the manner prescribed in the regulations
concerned;

(c) a fixed amount per year in respect of such services as may be specified
in the regulations concerned;
(d) a fixed amount in respect of any call made, any line made available, or
a specified amount of capacity or bandwidth made available in respect
of a particular service; or

(e)
in any other manner that is not unreasonably discriminatory.
(3) Regulations made in terms of subsection (1) may-
(a)
levy;
prescribe the periods and methods of assessment of the regulatory
20

(b)
(c)

prescribe the information to be provided to the Authority for the
purpose of assessing the regulatory levy;
prescribe penalties for the late payment of the regulatory levy, or for
providing false information or for the failure to provide information to
the Authority relating to the assessment of the levy.
Transfer of assets and liabilities to Authority
24. (1) The Mini~ter must as soon as possible after the date on which
this Act comes into force, transfer such assets and liabilities to the Authority as in his or
her opinion is related to the performance of any task that in terms of the provisions of
this Act, must be performed by the Authority.
(2) No transfer duty, stamp duty or any other duty or tax is payable in
respect of such transfer.
Financial year
25. The financial year of the Authority is from 1 April to 31 March in the
following year.
Annual Report
26. (1) As soon as possible after the end of each financial year the
Chief executi ve offi cer must produce an annual report of the Authority for the preceding
financial year.

(2)
(a) a full description of the actions taken in the previous financial year in
order to achieve the objects of this Act set out in section 2;
The report must contain -
(b)
are appropriate to address the condition of the development of
telecommunications and the development of competition in the sector
or otherwise further the purposes of this Act;
(c)
is a true and correct reflection of the state of affairs of the Authority as
at the end of that financial year; and
(d) a report by the auditor who audited the accounts of the Authority stating
whether the Authority's report fairly represents the financial position
and results obtained by the Authority in accordance with generally
accepted accounting practice.
recommendations for legislative and regulatory changes thata balance sheet, an income statement and a cash-flow statement which
(3) The annual report must be submitted to the Board, which may make
such amendments to the report as it thinks fit.
21
(4) The Board must approve the annual report within six months from the
end of the financial year to which the report relates.
(5) After the annual report has been approved by the Board, it must be
submitted by the Chief executive officer to the Minister.
(6) The Minister must table the annual report within 14 days from the
receipt thereof in the National Assembly, if it is then in ordinary session or within 14
days from the commencement of the next ordinary session, if the Assembly is not in
ordinary session.

CHAPTER III
PROCEDURAL MATTERS

Public availability of information
27. (1) The Authority must take such measures as are necessary to
ensure that the public has access to documents containing information relating to -

(a)
and the methods whereby the public may obtain information, make any
submission or request, or obtain copies of decisions, regulations and
orders of the Authority;
its organisation and the places at which, the employees from whom,
(b)
including the nature and requirements of all formal and informal
procedures available;
(c) rules of procedure, descriptions of forms available and the places
at which forms may be obtained, and instructions as to the scope
and contents of all non confidential or proprietary papers, reports or
examinations;
(d) statements of general policy or interpretations of general applicability
formulated and adopted by the Authority;
(e)
the general course and method by which its functions are performed,orders and decisions of the Authority in furtherance of this Act; and
(f)
minutes of public meetings of the Authority.
(2) The information contained in the documents referred to in subsection
(l)(d) and (l)(e) must be included in the annual report of the Authority referred to in
section 26.
(3) Subject to subsection (4), the Authority must maintain a public register
of every licence issued or renewed under this Act which must state all the terms and
conditions attached to each licence.
(4) The Authority may exclude any information relating to a licence issued
to the Government, if the disclosure of such information may prejudice the combating
or prosecution of clime, or may harm the national interest of Namibia.

(5) The Authority must make publicly available copies of all documents
and infonnation submitted to it in proceedings before it, including, but not limited
to, applications, submissions relating thereto, orders and other decisions with respect
to licensees of the Authority, and all tariffs required to be submitted to the Authority,
unless such infonnation has been designated to be confidential in tenns of section 28.
(6) The documents and information required to be made publicly available
under this section must be made available for inspection during the nonnal business
hours of the Authority, and for copying upon payment of such fee as the Authority may
determine.
(7) In addition to documents and infonnation otherwise required to be
made publicly available under this section, the Authority may make all documents
and infonnation in its files available to any person who requests such document or
infonnation, if -

(a)
promote the objects of this Act; and
the disclosure of that infonnation is in the public interest or will
(b)
that infonnation outweighs the interest of any person affected by that
infonnation.
(8) The request for documents or infonnation referred to in subsection
(7) must be made in writing and reasonably describe the documents or infonnation
sought.
(9) Requests referred to in subsection (8) may be sent by mail, telefax or
any other appropriate means.
(10) The Authority may prescribe procedures for making requests referred
to in subsection (8), which procedures may include the payment of reasonable fees.
(11) Documents requested in tenns of subsection (8) must be furnished
without charge or at a charge less than the fees referred to in subsection (10), if disclosure
of the infonnation is likely to contribute significantly to public understanding of the
operations or activities of the Authority and is not primarily in the commercial interest
of the requesting party.
the advantage of revealing the infonnation to the person requesting
Confidential information

28. (1) Any submission to the Authority may designate such
infonnation contained in the submission as may be specified in the designation
concerned as a business secret or as other financial, commercial, scientific or technical
infonnation that is confidential.
(2) If the Authority has reason to believe that infonnation designated in
tenns of subsection (1) is not confidential as contemplated in that subsection, it must
infonn the person who submitted that infonnation of the reasons for its belief.

(3)
(a)

(b)
(c)
A person who is informed as contemplated in subsection (2), may -

withdraw the information;

consent that the information must not be regarded as confidential;

request that the Authority conducts a hearing that is closed to the
public, to determine whether the information is confidential.
(4) In a hearing referred to in subsection (3)(c), the person who claims
that the information is confidential has the burden of proving that the information is
confidential.
(5) If the Authority finds after a hearing referred to in subsection (3)(c) that
the information concerned is not confidential, that information may not be regarded as
confidential and must be dealt with as provided in section 27, unless the person who
submitted that information withdraws it.
(6) Information withdrawn as contemplated in subsection (3)(a) or
subsection (5) -

(a) may not be revealed under section 27;
(b)
the Authority.
must be disregarded in the consideration of any matter considered by
(7)
(a) any information designated as confidential as contemplated in
subsection (1) and in respect of which the person who submitted the
information was not informed as contemplated in subsection (2);
Any person who discloses -
(b) any information withdrawn in terms of subsection (3)(b) or (5); or

(c) any information in respect of which the Authority has made a finding
that such information is confidential as contemplated in subsection (5),
is guilty of an offence and, on conviction, liable to a fine not exceeding N$5000
or imprisonment for a period not exceeding one year or both such fine and such
imprisonment.

Confidential communications with Authority

29.
that a confidential meeting must be held between that person and the Authority.
(2) A request referred to in subsection (1) must contain a brief summary of
the issues that the person who makes the request intends to discuss with the Authority
as well as any other infonnation that may be prescribed.
(1) Any person may submit a request to the Authority requesting
24

(3) The Authority may grant or refuse a request referred to in subsection
(1) as it may consider desirable.
(4) If the Authority grants a request referred to in subsection (1), it must
issue a notice that is made known in the prescribed manner, which -

(a)
(b)
must indicate the topic of the meeting; and
must indicate which parties will attend the meeting.

(5) Any information Chatcomes to the notice of the Authority as a result
of a meeting contemplated in subsection (1), must be treated as confidential and the
provisions of section 28 apply to such information with the necessary changes, unless -
(a)

(b)
the Authority has obtained the same information from another source;
or
the Authority intends to take any action against a person and the person
to whom the information relates cannot be given a fair hearing, if the
information concerned is not revealed to him or her.

Procedural regulations

30.
Authority must make regulations that prescribe the procedures to be followed at a
hearing by the Authority and that may -
(1) As soon as possible after the commencement of this Act, the
(a)
hearings;
(b) prescribe the circumstances under which and the procedure to be
followed when the Authority must determine if, a hearing must be
public;
(c)
prepared in terms of section 18(3);
(d)
prescribe.
(2) The Authority may prescribe different procedures in respect of hearings
held in terms of different provisions of this Act.
(3) In respect of each provision of this Act that requires the following of
a rule-making procedure, the Authority must prescribe procedures for requesting and
considering the comments of industry, users and the public.
(4) The procedures prescribed in terms of subsection (3) may include the
holding of public oral hearings, the-holding of closed hearings or requests for written
comments.
prescribe the manner in which evidence must be presented at suchprescribe any matter relating to a report of the proceedings at a hearingany other procedural matter that is necessary or expedient to
25

(5)
The procedures prescribed in terms of subsection (3) must provide that-
(a) all persons that have a substantial interest in the regulation concerned
are given a reasonable opportunity to make representations to the
Authority; and

(b) if representations and communications concerning a regulation are
received by the Authority, every person who has a substantial interest
in the decision concerned must be given an opportunity to comment on
those representations and communications.

(6) Regulations made in terms of subsection (3) may prescribe different
procedures for regulations made in terms of different sections of this Act.
(7) Regulations made in terms of subsection (3) may also prescribe
procedures for the making of regulations for which this Act does not require a rulemaking
procedure.
Reconsideration
31. The Authority may, on its own motion or on a petition filed by an
aggrieved party to any proceedings, reconsider any order or decision that it has made,
within 90 days from the date of making that decision or issuing that order.
Review of actions of Authority
32. (1) Any person may take any regulation for which procedures have
been prescribed in terms of section 30 on review on the same grounds and in the same
manner as a decision of an administrative body.
(2) Any person who has a substantial interest in any proceedings before the
Authority may not take any decision, order, regulation or any other action that is made
or taken by the Authority as a result of such proceedings, on review after a period of
six months from the date on which that person has become aware of the decision, order,
regulation or action concerned.

CHAPTER IV
PROMOTION OF COMPETITION

Anti-competitive practices
33. (1) Any practice or activity that has the object or effect of preventing,
restricting or distorting competition in a market for the supply of telecommunications or
broadcasting services or any product or service used in connection with these services is
prohibited.
(2) Any abuse of individual or collective dominant position by one or more
persons in a market for the supply of telecommunications or broadcasting services or
any product used in connection with these services is prohibited.

(3) The Authority may review any proposed acquisition of an interest
conferring control in competing providers of telecommunications or broadcasting
services, and any proposed major transaction between such providers and their
affiliates for conformance with this Act and to ensure that the transaction will result in
no reduction in competitive markets not offset by sufficient benefits to the public (as
measured by the objects of this Act).
(4) The Authority may impose conditions before or after such acquisitions
or transactions to maintain competitive telecommunications or broadcasting markets.
(5) Any agreements determined by the Authority to be anti-competitive
will be automatically null and void.
(6) Any restrictive practice or activity whose pro-competitive effects
outweigh its anti-competitive effects is deemed not to infringe the provisions of this
section.
(7) Sharing of directors and officers among otherwise unaffiliated
providers of telecommunications or broadcasting services without the approval of the
Authority is prohibited.
Jurisdiction of Authority
34. (1) The Authority must, in the performance of its functions under
this Act, promote, develop and enforce fair competition and equality of treatment
among all providers of telecommunications and broadcasting services and users of such
services.
(2) Subject to an agreement concluded in terms of section 67 of the
Competition Act, 2003 (Act No.2 of 2003), the Authority has jurisdiction to investigate,
enforce and authorise any breach of the competition rules contained in section 33, on
its own initiative or upon request by any person affected by the anti-competitive action
concerned.
Transfer of control of licensees and assignment of licences
35. (1) No telecommunications service licence or broadcasting licence
may be assigned by any person, and control of any person holding such a licence may
not be transferred without the prior consent of the Authority, which consent may be
given if the Authority finds that the transfer or assignment would not be prejudicial to
the objects of this Act.
(2) The parties to any transaction transferring an interest in (or conferring
or transferring a right to appoint or dismiss a director of) any holder of a licence referred
to in subsection (1), must notify the Authority of that transaction within 15 days from
the conclusion of that transaction whether it transfers control in the licensee or not.
(3) If the transfer has ultimately resulted in a change of control, the
Authority may impose necessary measures to annul the transfer or alleviate the change
of control.
27

CHAPTER V
TELECOMMUNICATIONS SERVICES

Definition for purposes of this Chapter
36. For the purposes of this Chapter "licence" means a telecommunications
licence, unless the context indicates otherwise and "licensee" is construed accordingly.
PART 1
TELECOMMUNICATIONS LICENCES
Prohibition of provision of telecommunications services and operation of network
without licence
37. (1) No person may provide a telecommunication service except
under and in accordance with a licence issued to that person in terms of this Chapter,
unless any other provision of this Act or a regulation made in terms of subsection (5)
expressly authorises the provision of such service without a licence.
(2) No person may construct, operate or use an electronic communications
network except under and in accordance with a licence issued to that person in terms
of this Chapter, unless any other provision of this Act or a regulation made in terms of
subsection (5) expressly authorises the performance of such action without a licence.
(3) A licence confers on the holder the privileges and subjects him or her to
the obligations provided for in this Act or specified in the licence.
(4) Subsection (1) and (2) does not apply to network infrastructure
established by the government in the interest of national defence and public security.

(5)
(a)
(b)
(c)
(d)
(e)

The Authority may make regulations -
prescribing the classes of telecommunications services that may be
provided without a licence;
prescribing the classes of electronic telecommunications network
which may be constructed, operated or used without a licence;
prescribing any matter relating to such services or networks that may
be imposed as the condition of a licence under this Act;

requiring the registration of any class of such providers or networks or
the provision of information to the Authority relating thereto;
prescribing any technical or other requirements relating to such services
or networks that will promote the objects of this Act.

Telecommunications licences
38. (1)
The Authority may issue -
28

(a)

(b)

service and technology neutral licences to a limited number of
applicants who intend to render a comprehensive telecommunications
service (including a mobile or fixed line telephony service);
other individual licences to applicants where the licence applied for
does not fall within the classes for which a class licence is required;

(c)
electronic communications networks set out in subsection (2).
(2) The Authority may issue class licences to persons who comply with the
provisions of this Act and such other conditions as may be prescribed, authorising-
class licences for the classes of telecommunications services and
(a) the provision of telecommunications services which entail the routing
or other processing of information, but in respect of which the provider
of those services uses the facilities of another licensee to transport the
information concerned;
(b) the construction, operation or use of an electronic telecommunications
network by any person for his or her own purposes where the network
concerned is not a private network contemplated in section 43(2);
(c)
construction, operation or use of such other types of electronic
telecommunications networks as the Authority may prescribe after
having followed a rule-making procedure.
(3) When the Authority receives an application for a licence contemplated
in subsection (l)(b), it may suspend the consideration of the application concerned and
instead make regulations as contemplated in subsection (2)(c), if in its opinion it is
likely that a number of similar licences will be issued.
(4) The Authority may convert licences referred to in subsection (l)(b) to
class licences after regulations contemplated in subsection (2)(c) have been made.
(5) The Authority may prescribe any matter relating to a class licence
which this Act authorises it to determine in respect of an individual licence.
(6) The Authority may after having followed a rule-making procedure,
prescribe with the concurrence of the Minister that only a certain number (which
need not be more than one) service and technology neutral or other individual
telecommunications licences may be issued in respect of any specific category of
telecommunications service.
(7) The Authority may determine that any category of telecommunications
service may only be rendered to a specific category of users, which category must be
specified in the licence.
(8) The Authority may issue a licence for a specified geographic area,
which area must be specified in the licence.
the provision of such other telecommunications services and the
29

(9) Licences must be issued for a fixed term and may be renewed by the
Authority on application by the licensee.
(10) The Authority may impose specific obligations and requirements on a
licensee regarding -
(a)
(b)
(c)

(d)
(e)
(f)
mandatory provision of uni versal service and such other services as the
Authority may think fit;

the transportation of emergency calls or other forms of emergency
electronic communications free of charge and under such conditions
and subject to such requirements as the Authority may determine;
the use of the radio frequency spectrum, the fees related to this use
and to the costs of spectrum management and monitoring when
applicable;
the allocation of individual telephone numbers or numbering ranges
and the fees required for the management and control of the numbering
plan;
the rights and obligations of the licensee with regard to
interconnection;

the fees payable for the grant, management and control of the licence;
(g)
particularly concerning the contractual conditions under which the
service is provided and that allow compensation to the customer in
case of breach of quality requirements;
the equitable treatment of, and provision of information to, users,
(h)
environmental or aesthetic impact of such facilities;
masts, towers or other facilities including requirements r.elating to the
(i)
withdrawal, renewal and modification of its terms;
(j) any matter that the Authority may consider when issuing a licence as
provided in section 39(4); and
(k) any other matter that may be required to achieve the objects of this
Act.
(11) The Authority may impose specific obligations on a licensee when
the licensee has a dominant position in relation to the provision of any class of
telecommunications services.
(12)
the duration of the licence and the conditions and procedures for its
licence-

When the Authority issues individual licences, it may indicate in the

(a)

(b)
(c)

which duties referred to in Part 2, are owed by the licensee concerned
to which class of other licensees;
which duties referred to in Part 2 are owed to the licensee concerned by
which class of other licensees;
which special rights referred to in Part 5 the licensee concerned has in
respect of which class of telecommunications facilities.

(13) The Authority may make regulations prescribing any matterreferred to
in subsection (12) in respect of such class licences as may be prescribed.
(14)

(a)
(b)

When the Authority acts under subsection (12) or (13), it maymake
distinctions between licensees who are dominant and those that
are not, or between services for which licensees are dominant and those
for which they are not;

grant the rights or impose the duties only in respect of a specified class
of services or networks.

Selection criteria for telecommunications service licences
39. (1) Subject to section 45, the Authority must grant individual
telecommunications licences on the basis of selection criteria that are objective, nondiscriminatory,
detailed and transparent.
(2) The criteria referred to in subsection (1) must be prescribed by
regulation before the Authority may consider the issuing of a licence.
(3) Without limiting the power to refuse a licence when the granting of a
licence is not in the public interest, the Authority may refuse to issue a licence on one or
more of the following grounds -

(a) national defence or public security;
(b)
technical constraints due to the limited availability of frequencies;
(c)
obligations arising out of the applicant's operating conditions or the
fact that it does not meet prior specified selection criteria; or
the lack of technical and financial capability to substantially meet the
(d)
section 115(4).
(4) The Authority may consider the following matters when it is considering
the granting of an individual licence -
(a)
schedule;
the fact that the applicant has been subject to penalties referred to inthe nature, characteristics, service coverage area and network extension
31

(b) the operating hours, quality and availability of the network and access
conditions;
(c) the condition of confidentiality and neutrality of the service with
regard to the infonnation transmitted and other customer proprietary
infonnation;

(d) the standards and specifications for networks and services;

(e) network provisions relating to national defence and public security;
(f) network provisions relating to fair competition;
(g) the licensee's commitments to meeting its universal servIce
obligations.
(5) With respect to the licensing of services provided over radio
frequencies, the Authority may in addition to any other power vesting in it, make
regulations requiring prior approval for the installation and operation of equipment to
avoid interference.
(6) The Authority must prescribe the requirements with which the applicant
for every category of class licence must comply.
(7) The Authority must grant a class licence to every applicant who
complies with the prescribed requirements and may not consider any other matter when
deciding whether to grant the licence in question.

Licensing procedures

40.
and transparent procedures for the submission and consideration of
applications for licences and for the withdrawal and renewal of licences.
(2) These procedures must include public notice and opportunity to
comment on applications and must specify the time periods within which the Authority
must resolve or otherwise act on applications and submissions relating to applications,
including applications for renewal.
(1) The Authority must by regulation determine open, nondiscriminatory
Tenders and competitive bidding

41.
subject to the prescribed conditions and procedures, by notice in the
tenders for the provision of the class of telecommunications services specified in that
notice.
(2) On receipt of the tenders to provide the specified services, the Authority
may award such individual licences to any of the persons who submitted tenders to it as
in its opinion will promote the objects of this Act or it may decide to grant no licence.
(1) The Authority may under the prescribed circumstances andGazette invite
32

(3) The Authority is not compelled to accept the highest tender or any
tender that complies with the conditions specified in the notice inviting tenders.
(4)
If -
(a)
in the opinion of the Authority;
scarcity of radio wave frequencies or other resources makes it desirable
(b)
the Authority has with the approval of the Minister decided,
that only a specified number of persons must be licensed to provide the services
concerned it may by notice in the
is structured in the manner specified in that notice.
(5) After the process of competitive bidding is complete, the Authority
must consider all the bids received and may grant an individual licence to any person
who submitted a bid or may refuse to grant an individual licence to any person who
submitted a bid.
(6) The Authority may by notice in the
bidding before the process has been completed.
(7) When
Gazette institute a system of competitive bidding thatGazette stop a process of competitive-
(a)
tenders have been received;
the Authority grants a licence or decides to grant no licence after
(b)
competitive bidding is completed; or
(c)
it must by notice in the
grants a licence or decide not to grant a licence after the process ofstops a process of competitive bidding under subsection (6),Gazette indicate the reasons for its decision.
Refusal, renewal, modification and termination of licences

42.
the applicant when the Authority denies, in whole or in part, a licence application or
refuses to grant a renewal of a licence.
(2) A licence may be modified upon a finding by the Authority that such
modification would serve the objects of this Act: Provided that the Authority has given
the licensee adequate advance notice of such modification and the grounds for such
modification and has given the licensee an opportunity to object to such modification.
(3) If any fees or any other amount payable to the Authority by a licensee
are not paid on the date on which such fees are payable and remain unpaid after the
expiry of a period of seven days after the written notice by the Authority to the licensee
to remedy the default, the Authority may declare the licence to be forfeited.
33
Private networks
43. (1) The installation, administration and operation of private
networks do not require a licence if such networks and services conform with the
provisions of this Act and the basic qualifications and conditions that the Authority may
prescri be.
(2)
(a)
registered as such in the deeds office; and
(1) Prompt notice and grounds for such decision must be given toA private network for the purposes of this section means a network that -connects only equipment situated on one erf or one piece of land
(b)
the possession and use of that apparatus in such network has been
authorised by regulations made (or deemed to have been made) in
terms of section 101(16).
Provision of telecommunications equipment
does not have any radio apparatus in the network concerned, unless
44. (1) Subject to subsection (2), the Authority may not restrict the
provision, including the development, manufacture, sale, lease, installation, maintenance
or repair, of telecommunications equipment, except as expressly provided in section 80:
Provided that the Authority may make regulations requiring such persons who provide
such equipment to register with the Authority and to provide such information as may
be prescribed, to the Authority.

(2) The Authority may restrict the provision of telecommunications
equipment by a licensee that is dominant in a market relating to the use or provision of
such equipment by prescribing such accounting rules and other regulatory safeguards
as it may consider necessary for the promotion of competition, after having followed a
rule-making procedure.
Automatic licence to be granted to Telecom
45. (1) Telecom will be deemed to have applied for a service and
technology neutral licence to render telecommunications services on the date of
commencement of this Act.
(2) The licence issued to Telecom must include such mandatory or
permissive network and service expansion targets and quality of service standards as
the Authority deems appropriate in order to achieve the objects of this Act and to treat
Telecom fairly.
(3) The Authority must determine quality of service standards in the
licence issued to Telecom under this section that must include, but are not limited to,
requirements relating to service provision time, call completion rates, fault rates, fault
repair times, dial tone delays, and dialling errors.
(4) The Authority must establish procedures for measuring, reporting
and monitoring compliance with network and service expansion targets and quality of
service standards.

(5) If Telecom fails to comply substantially with the mandatory network
and service expansion targets or the quality of service standards contained in its licence,
the Authority may impose such penalties as provided by section 115(4) of this Act.
(6) The Authority may include conditions in the licence requiring Telecom
to provide the following services to existing and new customers for the duration of the
licence:

(a) Domestic private line service;
(b) international private line service;

(d) emergency call services;

(e) dial-up and printed directory information services; and
(f)
in the public interest.
such other telecommunications services as the Authority may find to be
(7) When acting in terms of subsection (6), the Authority must consider
all relevant matters relating to the market for telecommunications services and the
development of technology in order to determine whether the services are still necessary
and appropriate.

Ownership restrictions

46.
by any person that is not a Namibian citizen or a Namibian company and no more
than 49% of the stock in any licensee may be owned by persons that are not Namibian
citizens or Namibian companies that are controlled by Namibian citizens.
(2) The Minister may beforehand authorise the acquisition of control or
ownership of stock that is prohibited by subsection (1).
(3) Any transfer of control or ownership prohibited by subsection (1) is of
no force and effect.
(1) Subject to subsection (2) and (4), no licensee may be controlled
(4) Any acquisition of stock or transfer of control done before the
commencement of this Act is deemed to have been done with the permission referred to
in subsection (2), if such acquisition or transfer has complied with all legal requirements
applicable at the time of such acquisition or transfer.

PART2
DUTIES OF PROVIDERS OF TELECOMMUNICATIONS SERVICES

Application of this Part

47.
Part are imposed upon all holders of technology and service neutral licences.
(1) Subject to section 38(12) and (13),the duties imposed by this
35

(2) Subject to section 38(12) and (13), the duties imposed by this Part are
owed to holders of technology and service neutral licences.
(3) Unless the context indicates otherwise, a reference to "carrier" is
construed as a reference to the licensee who owes the duty or to whom the duty is
owed as the case may be in accordance with the provisions of subsection (1), (2),
determinations made in terms of section 38(12) or regulations made in terms of section
38(13).
Duties of carriers relating to promotion of competition
48.

(a)
(b)
(c)
(1) All carriers have the duty to
-
afford access to its poles, ducts and conduits to other carriers on rates,
terms, and conditions that are consistent with this section;

establish reciprocal compensation arrangements for the transport and
termination of telecommunications;
negotiate in good faith the particular terms and conditions of agreements
to fulfil the duties described in this section, section 49,50,51(2) and
52.
(2) It is the duty of a carrier who has a dominant position with relation to
some class of telecommunications services to -
(a) provide subject to subsection (3), to any requesting carrier,
nondiscriminatory access to network elements on an unbundled basis
at any technically feasible point on rates, terms, and conditions that are
just, reasonable, and nondiscriminatory in accordance with the terms
and conditions of the agreement between them and the requirements of
this Act;

(b)
are just, reasonable, and nondiscriminatory, for physical co-location
of equipment necessary for interconnection or access to unbundled
network elements at the premises of the dominant carrier, if such
network elements relate to the market segment in which the carrier in
question is dominant.
(3) Subject to subsection (4), a dominant carrier must provide such
unbundled network elements in a manner that allows requesting carriers to combine
such elements in order to provide the telecommunications service concerned.
(4)
provide subject to subsection (5), on rates, terms, and conditions thatIf -
(a)
and
it does not place an unreasonable burden upon the dominant carrier;
36

(b)
elements if it is not done, the dominant carrier must combine such
elements in the manner requested.
(5) The dominant carrier may provide for virtual or any other form of colocation
if it demonstrates to the Authority that physical co-location is not practical for
technical reasons or because of space limitations.
(6) The Authority may after a rule-making procedure, make regulations
regulating the duties imposed on. carriers by this section and the terms upon which
carriers must agree to fulfil these duties.
(7) In determining what network elements must be made available for the
purposes of subsection (2)(a), the Authority must consider, at a minimum, whether-
(a) access to such network elements as are proprietary in nature is
necessary; and
it will place an unreasonable burden upon the carrier requesting such
(b) the failure to provide access to such network elements would impair the
ability of the carrier seeking access to provide the services that it seeks
to offer.

(8) Any carrier may request the Authority to convene a hearing in order to
determine reasonable terms relating to the duties referred to in this section.
(9) For the purposes of this section, "network element" means a facility or
equipment used in the provision of a telecommunications service, including all features,
functions and capabilities that are provided by means of such facility or equipment,
such as subscriber numbers, databases, signalling systems and information sufficient
for billing and collection or used in the transmission, routing or other provision of
telecommunications services.

Interconnection

49.
the Authority after a rule-making procedure, all carriers must allow any other carrier to
interconnect its network with that of the former carrier for the purpose of the transport
and termination of telecommunications and information.
(2) A carrier may impose reasonable charges on a requesting carrier for
interconnection which charges must be limited to the costs provided for in this section.
(3) If a carrier agrees to provide interconnection as contemplated in this
section, the charges and all other material terms of that interconnection agreement must
be contained in a written agreement.
(1) In accordance with the terms and requirements prescribed by
(4)

approval
-
All interconnection agreements must be submitted to the Authority for

(a)
of agreements concluded before the commencement of this Act;
within 90 days from the date of commencement of this Act, in the case
37

(b) within 30 days from the concluding of the agreement in the case of
agreements concluded after the commencement of this Act.
(5) Unless the parties agree on a later date, an interconnection agreement
comes into operation on the date on which it is filed with the Authority.
(6) The Authority must approve or disapprove an interconnection
agreement within 120 days from the date of filing thereof and may on its own motion
act under subsection (7) or allow the parties such an additional period as it thinks fit to
conclude an agreement, subject to such determination as it thinks fit.
(7) If carriers fail to agree on terms of interconnection within a reasonable
period (which may be specified by the Authority), one or both of the parties may request
that the Authority determines terms of interconnection in accordance with this section.
(8) A carrier who is dominant in respect of any services relating to the
request for interconnection must allow such interconnection at any technically feasible
point within its network and such interconnection must be accomplished without
unreasonable interruption of service to existing users.
(9) The quality of the interconnection must be at least equal to that provided
by a carrier to itself, or any affiliate, or any other party to which interconnection is
provided.
(10) The burden of demonstrating the reasonableness of a disputed practice
rests solely on the carrier responsible for implementing interconnection.
(11) In resolving any disputes concerning interconnection, the Authority
must subject to subsection (12) and (13), adhere to the following principles-

(a) the terms and practices for interconnection may not vary depending on
the type of telecommunications service to be provided by the carrier
requesting interconnection and may not discriminate unjustifiably
between users of equivalent interconnection arrangements or similarly
situated users;
(b)
carrier's forward-looking incremental costs: Provided that the Authority
may order both parties to an interconnection arrangement to adopt
identical interconnection charges based on the demonstrated forwardlooking
incremental costs of one of the providers if the Authority finds
that doing so would promote competition and the efficient provision of
interconnection services and facilities;
charges for interconnection services and facilities may not exceed the
(c)
only based on cost differences directly attributable to providing
interconnection for those users;
(d) costs must be measured according to methods prescribed by the
Authority after following a rule-making procedure.
38
(12) In order to allow a carrier to establish market share or to allow a carrier
to compete effectively with entrenched carriers, the Authority may after conducting a
hearing, determine interconnection fees that are more favourable to such carrier.
(13) The Authority may prescribe benchmark charges for interconnection
which charges must subject to subsection (12), be determined in accordance with
international benchmarks on interconnection and subject to the principles set out in
subsection (11).
(14) A carrier must c~arge the benchmark fees prescribed in terms of
subsection (13), unless it can prove to the Authority that its forward-looking incremental
costs will exceed the benchmark fees prescribed in terms of subsection (13).
differences in charges between different users can be justified
(15) All carriers must provide reasonable notice to every other carrier whose
network is interconnected with its network of changes in the information necessary for
transmitting and routing services using its facilities or networks, as well as, of any other
changes that affect the interoperability of those facilities and networks.

(16) Any carrier who is a party to an interconnection agreement with
licensees authorised by foreign countries must submit all such agreements to the
Authority -
(a) in the case of an agreement concluded before the commencement of
this Act, within 90 days from the date of commencement of this Act;

(b) in the case of an agreement concluded after the commencement of this
Act, within 90 days from the conclusion of the agreement concerned.

(17) If an agreement referred to in subsection (16), in the opinion of the
Authority, has the effect of impairing competition or the interoperability of the networks
of different carriers, the Authority may after holding a hearing impose obligations upon
a carrier who is a party to such agreement which would have the effect of remedying
such impairment.
(18) In the case of an agreement referred to in subsection (16) concluded
after the commencement of this Act, the Authority must (within 90 days from the date
on which the agreement is submitted to it)approve or order modifications to any terms,
including the accounting rate and settlement arrangements, agreed upon by the parties
before the agreement can become binding upon the parties.
(19) When concluding an agreement referred to in subsection (16) all
carriers must comply with all international treaties and bilateral agreements relating to
such arrangements, and any requirements prescribed for such arrangements.
(20) In reviewing international interconnection arrangements, the Authority
must take into account exclusionary and discriminatory practices of foreign providers
of telecommunications services and governments.

Sharing of infrastructure

50.
Act, a dominant carrier must lease any infrastructure to any other carrier or must allow
the latter carrier to install telecommunications equipment on such infrastructure or to
otherwise utilise such infrastructure: Provided that the dominant carrier may refuse to
(1) When it will promote competition or the other objects of this
make such infrastructure available if
-
(a)
(b)
(c)

such infrastructure is required by the dominant carrier for its own
purposes;
in all the circumstances, the making available of such infrastructure
will impose an unreasonable burden upon the dominant carrier; or

the making available of such infrastructure is likely to affect the service
of the dominant carrier detrimentally.

(2) A dominant carrier may request the Authority to exempt it from any
duty imposed by this section for a period of six months.
(3) A request contemplated in subsection (2) may be granted by the
Authority, if the dominant carrier can prove that if it complies with the duty concerned,
it would not be able to perfonn any expansion which it plans to perfonn.
(4) If any expansion is not perfonned within six months from the date on
which the Authority granted the exemption contemplated in subsection (2), then the
dominant carrier will be obliged to comply with the request concerned.
(5) It is the duty of any utility to lease any spare capacity available in
any tower, mast, pole, duct, conduit or pipe to any carrier who requests that utility
to lease such capacity in order to attach any telecommunications equipment to such
infrastructure or to lay any telecommunications wires or fi bres in such infrastructure.
(6) A lease referred to in subsection (5) must be on reasonable tenns
(including tenns relating to compensation).
(7)
(5) if -

A utili ty may refuse to lease infrastructure as contemplated in subsection

(a) such infrastructure is reasonably required for the expansion of the
activities of the utility concerned;

(b)
of the utility concerned; or
(c)
upon the utility concerned.
the activities of the requesting carrier will interfere with the activitiesthe activities of the requesting carrier will place an unreasonable burden
(8) A dominant carrier or the utility who leases the infrastructure must
maintain that infrastructure and facilities installed in its premises or facilities, in return
for the payment of compensation negotiated between the parties.
40
(9) The Authority may after a rule-making procedure make regulations to
ensure that any conditions and charges for such lease are reasonable, non-discriminatory
and fairly apportioned among carriers and utilities.
(10) Where the parties are unable to negotiate a reasonable price, terms or
conditions for any agreement under this section, the Authority must convene a hearing
to determine the appropriate prices, terms, and conditions.
(11) For the purposes of this section, "utility" means any person that
provides telecommunications services,broadcasting or any other radio communications
services, as well as electricity, gas'or water.
Prohibition against restraint of resale
51.
services.
(1) All carriers must permit the unrestricted resale of their retail
(2) A licensee who is dominant in respect of some class of
telecommunications services must offer such telecommunications services for resale at
a discounted rate to any requesting reseller.
(3) Where the parties are unable to negotiate a discounted rate for resale,
the parties may request the Authority to convene a hearing to determine such resale
discount rate.
(4) Alicence is not required by a person that only resells telecommunications
services obtained from a licensee.
Duty not to discriminate when rendering telecommunications services
52. A carrier may not provide telecommunications services on terms
that discriminate against, or give undue preference to any user, reseller or provider of
telecommunications services on the grounds that-
(a)
does not provide any service or class of service to the public;
(b) that user, reseller or provider uses or does not use any service or class of
service rendered by that carrier or an affiliate of that carrier that is not
reasonably related to the service in question; or
(c)
third person.
PART3
TARIFFS AND ACCOUNTING
Rates and tariffs
53. (1) Subject to subsection (2), (3), (4) and (6) all rates and charges
received in respect of any telecommunications service that may only be provided with an
41
individual licence or a prescribed class licence, must be in accordance with a tariff filed
and permitted to come into operation in accordance with the provisions of this section:
Provided that the Authority may prescribe services for which the filing of a tariff is not
necessary if in its opinion, there is competition in the market for the provision of those
services.
(2) Subsection (1) does not apply to a temporary reduction in any rates
charged by a licensee if -
(a)
(b) such rates are for promotional or advertising purposes only; and
(c)
Authority no later than the date on which the fact that special rates will
be charged are made known to the general public.
(3) Subsection (1) does not apply in respect of any rates or charges payable
in respect of any interconnection arrangement between two licensees.
(4) A tariff filed in terms of this section may provide that specified classes
of services to specified classes of customers will not be subject to that tariff.
(5) Every contract concluded for the provision of services that are not
subject to a tariff as contemplated in subsection (4), must be filed with the Authority
which has the power to deal with such contract as if it were an interconnection
agreement.
(6) Every licensee must within six months from the commencement of this
Act, file a tariff with the Authority in accordance with the provisions of this section.
(7) If a licensee wishes to amend a tariff applicable to it, or wishes to use
a new tariff, it must file a new or amending tariff in the prescribed manner with the
Authority for the approval thereof.
that user, reseller or provider renders any service or class of service orthat user, reseller or provider makes use of any service rendered by asuch rates do not apply for a period longer than three months;all relevant particulars relating to the rates concerned are given to the
(8) Any tariff or amendment of a tariff must state the date on which the
tariff or amendment comes into operation, which date may not be less than 60 days (or
such shorter period as the Authority may prescribe for specific classes of service)from
the date of the filing referred to in subsection (7).

(9) Tariffs must contain all pertinent information concerning rates and
charges for services, including all deposits, non-recurring charges and monthly
charges, as well as all terms and conditions applicable to the provision of services by
the corresponding licensee, including rights and remedies available to customers in the
event of unauthorised charges or other disputes or claims over billing or the provision of
services, and any other information requested by the Authority pursuant to this section.
(10) Notice of the filing of a tariff must be published by the Authority in the

Gazette,
and after such tariff has comeinto operation,the full text of the tariff must be
made available in terms of section 27.
42
(11) Licensees may withdraw a tariff after filing prior to the Authority's
decision on the tariff.
(12) Subject to subsection (13), after notice of the tariff filing is published,
a tariff must be permitted to come into operation automatically upon the date specified
as its date of commencement, unless it does not comply with subsection (19).
(13) The Authority may postpone the date of commencement of a tariff
before it has come into operation, for a period not exceeding 90 days, to examine the
reasonableness of the tariff.
(14) If the Authority finds that there are grounds for rejecting the tariff as
contemplated in subsection (19), before it comes into operation, it may partially or
totally reject the tariff or approve that tariff on condition that specified amendments are
made to the tariff concerned.
(15) If a tariff is rejected, the Authority may require that prior rates remain in
effect, or it may determine temporary rates to be in effect until a new tariff is proposed
by the licensee and permitted to come into operation.
(16) At any time after a tariff has come into operation, upon receiving
evidence that there are grounds for rejecting the tariff as contemplated in subsection
(19), the Authority may investigate its reasonableness which investigation must be
concluded within five months.
(17) If after an investigation referred to in subsection (16), the Authority
finds that there are grounds for rejecting the tariff as contemplated in subsection (19),
it may require that prior rates be applied or it may determine temporary rates and any
other temporary measures consistent with the provisions of this Act to be in effect until
a new tariff is proposed by the licensee and permitted to take effect or the Authority may
order refunds to customers consistent with its findings.
(18) Tariff filings must be accompanied by all such accounting and cost
information as the Authority may require, and must comply with all other requirements
prescribed by the Authority.
(19) The Authority may reject a tariff or part thereof if it will promote the
objects of this Act and -

(a) it is unreasonable;
(b) it does not conform to the terms and conditions stipulated in the licence
issued to the licensee concerned;

(c)
(d)
(e) it has the effect of impairing competition;
it does not comply with regulations made in terms of subsection (20);it is unreasonably discriminatory;
43

(f)
(g)

it is not sufficiently disaggregated so that the user is required to pay for
facilities or services which are not necessary for, or reasonably related
to the service to which the charge in question relates; or

it is not accompanied by such cost information and other supporting
material as the Authority may require under subsection(18).
(20) The Authority may after having followed a rule-making procedure
make regulations -

(a)
rendering of telecommunications services;
prescribing limits on the tariffs that licensees may charge for the
(b)
urban and rural areas;
(c) prescribing the methods of calculating tariffs where services are
subsidised as contemplated in section 57;
(d) prescribing any other matter relating to tariffs that is necessary or
expedient.
prescribing the methods of the sharing of costs between customers in
Cost
Accounting Procedures
54.
Authority must keep separate accounts for its telecommunications activities, to the
extent that would be required if the telecommunications activities in question were
carried out by legally independent companies, so as to identify all elements of costs and
revenue, with the basis of their calculation and the detailed attribution methods used.
(2) The Authority must prescribe reasonable accounting systems based
on current costs and activity-based accounts within two years after the date of
commencement of this Act.
(3) Such accounting procedures must be followed and implemented by the
dominant licensee and, where appropriate, other licensees designated by the Authority
in terms of subsection (1).
(4)
systems.
The Authority must verify compliance with such cost accounting
(5) The dominant licensee and other licensees required to adopt such
accounting systems must provide financial information to the Authority promptly on
request and at the level of detail required by the Authority.
(6) The Authority may make relevant, complete or summary accounting
information available on request to all interested parties subject to considerations of
confidentiality of proprietary information.
(1) A dominant licensee and any other licensee designated by the
44

(7) Where a licensee has the obligation to comply with cost accounting
procedures, discount schemes for users, including customers, must be fully transparent
and non-discriminatory.
(8) The Authority may require such schemes to be modified or withdrawn
if they are prejudicial to the objects of this Act.
Reporting requirements
55. (1) The Auth?rity may require the filing of annual or occasional
reports from all or any class of licensees.
(2)

(a)
(b)
(c)
(d)
(e)
The Authority may require that such reports include
-
the amount of capital stock issued, the amount and privileges of each
class of stock, the amounts paid therefor and the manner of payment for
the same, the dividends paid and any surplus capital;

the debts of the company and the interest paid thereon;
the names and addresses of all persons who owns at least one percent
of such stock;

the names and addresses of the directors and officers, and the
compensation paid to each;
the earnings and expenses from all sources, and a complete exhibit of
the financial operations of the company each year.
(3) The books of accounts, accounting records and financial statements
provided to the Authority must be audited annually by a person duly registered as an
accountant and auditor under the Public Accountants and Auditors Act, 1951 (Act 51 of
1951).
PART4
UNIVERSAL SERVICE
Universal Service
Fund
56. (1) There is hereby established a fund to be known as the
"Universal Service Fund".
(2) The Authority may by regulation, after having followed a rule-making
procedure, impose a universal service levy to be paid into the Universal Service Fund.
(3) The provisions of section 23(2) and 23(3) apply with the necessary
changes required by the context to the universal service levy.
(4) The money in the Universal Service Fund may only be utilised
45
(a)

(b)

in order to defray the expenses directly relating to the administration,
control and accounting for the Universal Service Fund;
for the purposes of paying subsidies to licensees to subsidise the
provision of services or the provision of infrastructure for the purpose
of providing universal service.

Provision of universal service

57.
procedure, prescribe which telecommunications services are the minimum set of
services that should be made available by licensees.
(2)
manners:
(1) The Authority may after having followed a rule-making
(a)
(b)

Universal service may be specified in one or more of the following
As a minimum number of prescribed telecommunications facilities or
services that must be made available to a community of a prescribed
SIze;
in the form of specified equipment that should be made available in
order to cater for the telecommunications needs of a specified category
of community;
(c) in the form of specified services to be made available to specified
categories of customers in specified categories of communities;

(d) in the form of specified telecommunications services that are available
to the public or that are rendered to schools, hospitals, or any other
specified category of place that serves the needs of the public or that
are available for use by the public;

(e) in the form of the deployment of any technology that will promote
the availability of telecommunications and information services in
Namibia;

(f) in any other manner that may be necessary to specify the form, scope,
nature or any other aspect of the services in question.

(3) Subject to subsection (4), (5) and (6), the Authority may issue an order
instructing a licensee to provide a specified form of universal service in a specified area,
subject to specified conditions.
(4) An order referred to in subsection (3) must state whether subsidies will
be paid by the Authority from the Universal Service Fund and if subsidies will be paid,
it must state the amount thereof or the basis on which the subsidies must be calculated.

(5)
An order referred to in subsection (3) may only be issued if-
(a) the services which the order compels the licensee to render are within
the scope of a condition imposed on its licence; or

(b)
loss that the rendering of the services concerned will cause to it.
(6) When issuing an order under subsection (3), the Authority must
consider universal service having been rendered by a particular licensee and the
repayment of money that was borrowed for the purpose of rendering universal service
before the commencement of this Act.
(7) The Authority may request tenders or institute a system of competitive
bidding for the rendering of such universal service as it may think fit.
(8) The provisions of section 41 apply with the necessary changes to
tenders and bidding contemplated in subsection (7).
(9) After a tender or bid as contemplated in subsection (7) has been
excepted, the Authority may conclude a contract with the licensee concerned for the
provision of the services concerned, subject to those conditions which were included in
the requests for bids or tenders.
(10) The Authority may after having followed a rule-making procedure,
prescribe an accounting system that licensees must follow in order to calculate the cost
of complying with an order referred to in subsection (3).
(11) If no regulations have been made under subsection (10), the licensee
and the Authority may agree on an accounting system, to be followed in a specific
case, if the Authority is of opinion that such a system will accurately reflect the cost of
providing the universal service to which the system concerned will apply.
the subsidies stated in the order will compensate the licensee for any
(12) The accounting system used to determine the costs of complying with
an order referred to in subsection (3), must be audited in respect of every licensee at the
expense of that licensee by a person who is registered as an accountant and auditor in
terms of the Public Accountants' and Auditors' Act, 1951 (Act No. 51 of 1951).

(13) The audited statements referred to in subsection (12), as well as such
interim statements relating to the provision of universal service as the Authority may
request, must be submitted to the Authority.
Universal service report
58. (1) The Chief executive officer must in respect of each calendar
year after the commencement of this Act, prepare a universal service report in which
must be indicated in respect of the year concerned -
(a)
in Namibia universal service is not being provided;
(b)
and how much money is expected to be paid into the universal service
fund;
47
to which portions of the territory of Namibia and to which communitieshow much money stands to the credit of the universal service fund
(c)
(d)
(e)
(f)
how the Authority intends to spend the money available in the Universal
Service Fund;

what steps the Authority intends to take in order to promote the
availability of universal service;
what steps have been taken in the previous year in order to promote
universal service;

any other matter that the Authority regards as relevant to the provision
of universal service.

(2) The universal service report must be dealt with in the same manner as
the annual report of the Authority referred to in section 26.
PART5
SPECIAL RIGHTS OF CARRIERS
Applicability of this Part
59. (1) The rights granted by this Part are granted to all holders of
technology and service neutral licences and to other licensees to whom and in so far as
it has been made applicable to them in terms of section 38(12) or 38(13).
(2) In this Part, unless the context indicates otherwise,
construed as a reference to a licensee to which this Part is applicable.
"carrier" is
(3) Subject to subsection (4) and (5), the rights granted by this Part, to
install telecommunications facilities, only relate to wires, fibres, or any other form of
telecommunications line as well as facilities used to protect or support such wires, fibres
or lines (including poles, stays, ducts and pipes), but do not relate to masts, antennas,
towers, pay telephones and other similar equipment.
(4) After having followed a rule-making procedure, the Authority may
make this Part applicable to antennas or other equipment used in connection with the
transmission or receipt of radio waves, if in its opinion the installation of such equipment
does not place a greater burden on the owner of land than telecommunications facilities
to which this Part applies as provided in subsection (3).
(5)
principles -
Rights granted by this Part must be exercised subject to the following
(a) rights must be exercised in such a manner that the burden on the land
owner is as small as possible;

(b)
public body or the State, the rights may not be exercised in such a
manner that the exercise of those rights is prejudicial to any public
purpose or legal duty of the body or the State;
when the rights referred to in this section relate to land owned by a
48

(c) when there are different technically feasible and economically
reasonable ways of exercising the rights concerned, the rights must be
exercised in such a manner that the rights of the land owner and the
carrier are balanced in a fair manner.
(6) When the exercise of rights referred to in this Part may affect national
security or the safety of the President or a member of Cabinet the Director-General
may forward a directive to the Authority indicating any requirements with which the
telecommunications facilities in question must comply.
(7) The Authority mu~t on receipt of the directive referred to in subsection
(6) impose such licence conditions on licensees as may be necessary to comply with the
directive in question: Provided that licensees may make alternative proposals that may
with the approval of the Director-General be imposed as licence conditions.
Entry upon and construction of lines across any land
60. A carrier may, for the purposes of provision of telecommunications
services, enter upon any land, including any street, road, footpath or land reserved for
public purposes, and any railway, and construct and maintain a telecommunications
facility upon, under, over, along or across any land, street, road, footpath or waterway or
any railway, and alter or remove the same, and may for that purpose attach wires, stays
or any other kind of support to any building or other structure.
Underground pipes for telecommunication service purposes
61. (1) If any local authority and carrier agree that in a particular area
electricity supply and the telecommunication services of that carrier must be provided
by means of underground cables, that local authority may on any premises within the
said area, when installing such cables for an underground electricity supply line on the
said premises, in accordance with the requirements of the carrier provide a conduit pipe
or other facility for the installation of an underground telecommunication service line
from a point of connection on the street boundary to a building on those premises.
(2) The costs of the provision of the said conduit pipe or other facility is
payable to the local authority in question and is for the purpose of any law deemed to be
fees payable by the owner of the premises in question to the local authority in respect of
the installation of the electricity supply line.
Pipes under streets
62. A carrier may, after reasonable notice in writing to the local authority
or person owning or having the care and maintenance of any street, road or footpath,
construct and maintain in the manner specified in that notice any pipes, tunnels or tubes
required for telecommunication facilities under any such street, road or footpath, and
may alter or remove the same, and may for such purposes break or open up any street,
road or footpath and alter the position thereunder of any pipe (not being a sewer drain
or main) for the supply of water, gas or electricity: Provided that the local authority or
person to whom any such pipe belongs or by whom it is used is entitled at all times while
any work in connection with the alteration in the position of that pipe is in progress, to
49
supervise that work, and the carrier must pay all reasonable expenses incurred by any
such local authority or person in connection with any alteration or removal under this
section or any supervision of work relating to such alteration.
Removal of pipes and facilities
63. (1) If a carrier finds it necessary to move any telecommunication
facilities, pipes, tunnels or tubes constructed upon, in, over, along, across or under any
land, railway, street, road, footpath or waterway, owing to any alteration of alignment
or level or any other work on the part of any public authority or person, the cost of the
alteration or removal must be borne by that local authority or person.
(2) Where any telecommunication facility, pipe, tunnel or tube constructed
by a carrier passes over any private property and interferes with any building about to be
erected on that property, the carrier must, on receiving satisfactory proof that a building
is actually to be erected, cause the line to be deviated or altered in such manner as will
remove all obstacles to building operations.
(3) Notice that any such deviation or alteration is required must be given
to the carrier in writing not less than 28 days before the alteration or deviation is to be
effected.
(4) If any deviation or alteration of a telecommunications facility, pipe,
tunnel or tube constructed by a carrier and passing over any private property is desired
on any ground other than those contemplated in subsection (2), 28 days' notice thereof
in writing must be served on the carrier, who may decide whether or not the deviation
or alteration is possible, necessary or expedient, and if the carrier agrees to make the
deviation or alteration, the cost thereof must be borne by the person at whose request
the deviation or alteration is effected: Provided that in any case where in the opinion of
the carrier it is justified, the carrier may bear the whole or any part of the said cost.
Fences
64. (1) If any fence erected or to be erected on land over which a
telecommunications facility, pipe, tunnel or tube is constructed or is to be constructed
by a carrier, renders or would render it impossible or inconvenient for the carrier to
obtain access to that land the carrier may at its own expense erect and maintain gates in
that fence and must provide duplicate keys therefor, one of which must be handed to the
owner or occupier of the land.
(2) Any person intending to erect any such fence must give not less than
six weeks' notice in writing to the carrier of his or her intention.
Trees obstructing telecommunication facilities
65. (1) If in the opinion of a carrier, any tree or vegetation obstructs
or interferes with or is likely to obstruct or interfere with the working or maintenance
of any telecommunications facility, pipe, tunnel or tube, whether or not such tree or
vegetation is on state land or land belonging to a local or authority or other public body
it may issue a notice in terms of subsection (2).

(2) A notice issued under the circumstances referred to in subsection (1)
must instruct the owner or occupier of the land to cut down or trim the tree or vegetation
specified in the notice in the indicated manner.
(3) After receipt of a notice under subsection(2), the owner of the land
concerned, or the public body having control of such land, must trim or cut down such
tree or vegetation as specified in the notice at the expense of the carrier.
(4) If the owner or public body fails to trim or cut down such tree or
vegetation within a reasonable tiple, the carrier may trim or cut down that tree or
vegetation.
(5) If such tree or vegetation interferes with or endangers
telecommunications, the carrier may without giving the notice referred to in subsection
(2) cut down or trim such tree or vegetation.

Height or depth of cables and facilities

66.
public or private street, road, footpath or land must be at the prescribed height above the
surface of the ground.
(2) Underground telecommunication facilities, pipes, tunnels and tubes
must be placed by a carrier at the prescribed depth below the surface of the ground.
(3) If the owner of any private land is obstructed in the free use of his or
her land by reason of the insufficient height or depth of any telecommunications wire,
cable or other facility, pipe, tunnel or tube constructed by that carrier, the carrier must
take such steps as are necessary for giving relief to that owner.
(1) Aerial telecommunication wires or cables along any railway or
Railways and electrical works

67.
or works for the supply of light, heat or power by means of electricity, must conform
to the requirements of a carrier for the prevention of any of its telecommunications
facilities or works being injuriously affected thereby, and must, before commencing
the construction of any such railway or works, give one month's notice in writing to
the carrier of his or her intention to commence the construction, and must furnish the
carrier with a plan of the proposed railway or works, together with particulars showing
the manner and position in which the same are intended to be constructed, executed and
carried on and such further information relative to the proposed railway or works as the
carrier may require.
(2) If it appears to the carrier that the construction, equipment or operation
of such railway or works is likely to affect injuriously any of its telecommunication
facilities or works, or if any of such facilities or works are injuriously affected by the
construction, equipment or operation of any such railway or works, the carrier must
give reasonable notice of the actions required to stop such injurious effect to the person
concerned, and any person who, after receiving any such notice, fails to comply with
such notice is liable to the carrier in damages, recoverable by action in a competent
(1) Any person who constructs, equips or carries on any railway
51

court, of N$5Ofor every day on which the person concerned has not complied with such
notice or the injurious effect continues, and must in addition make good any damage
or expense suffered by the carrier by reason of the failure to comply with the carrier's
requirements.

Carriers to perform functions in prescribed manner
68. (1) A carrier must peIform its functions in terms of this Chapter in
accordance with the regulations contemplated in subsection (2).

(2) The Authority may prescribe
-
(a)
person or public body in connection with the peIformance by the carrier
of functions contemplated in this Part;
the manner, form and period of notice to be given by a carrier to any
(b)
carrier and any affected person or public body.
Authority to adjudicate in disputes between owners of property and carriers
69. (1) Unless the provisions of this Chapter expressly provide
otherwise, any party to a dispute regarding the exercise of the rights conferred upon a
carrier in this Part, may only be adjudicated upon by the Authority.
(2) Any party to a dispute referred to in subsection (1) may refer the
dispute in the prescribed manner to the Authority.
(3) The Authority must make regulations prescribing the procedure to be
followed when a dispute is adjudicated upon in terms of this section.
(4) Any party aggrieved by a decision of the Authority under this section
may appeal to the High Court within the prescribed period and subject to the prescribed
procedural requirements.
PART6
INTERCEPTION OF TELECOMMUNICATIONS
Interception centres
70. (1) The President must establish such interception centres as are
necessary for the combating of crime and national security.
(2) Interception centres are staffed by such staff members in the Namibia
Central Intelligence Service as may be designated by the Director-General.
(3) Interception centres must be equipped by such equipment and software
as may be designated by the Director-General.
the procedure to be followed and consultations to be held between a
52

(4) Interception centres must be funded from such moneys appropriated by
Parliament and paid into the account referred to in section 10 of the Namibia Central
Intelligence Service Act, 1997 (Act No. 10 of 1997).
(5) The Director-General must designate a staff member in the Namibia
Central Intelligence Service as the head of every interception centre.
(6) Where any law authorises any person or institution to intercept or
monitor electronic communications or to perform similar activities, that person or
institution may forward a request together with any warrant that may be required under
the law in question to the head of an interception centre.
(7) Any staff member employed in an interception centre may do anything
necessary in order to perform the interception or monitoring concerned (as well as any
decoding or decryption necessary to make the information in question intelligible) and
must forward all information obtained from these activities to the person who made the
request referred to in subsection (5).
(8) Any provision in any law requiring a person to provide assistance
with interception or that authorises the issue of a warrant or other order compelling
or requiring a person to render assistance with interception is construed so that the
assistance in question includes the provision of a key or other information necessary to
make any information obtained by the interception in question, intelligible.

(9)
determines -

The Director-General may issue directives in which he or she

(a)
how information obtained by interception must be handled;
(b)
interception;
which persons may handle information obtained by means of
(c) which persons may perform any action relating to interception;

(d)
necessary or expedient in order to ensure that information obtained by
means of interception is only used for its intended purpose and that the
objects of this Part are fulfilled.
any other technical or procedural matter relating to interception that is
Duties relating to interception
71. (1) Licensees and other providers of telecommunications services
must provide a telecommunications service in such a manner that it is capable of being
intercepted.
(2) Licensees and other providers of telecommunications services must
store such information relating to the originator, destination, contents of, and other
information relating to the telecommunications concerned as may be prescribed.

(3) A telecommunication service provider must acquire at its own cost
whether by purchasing or leasing the facilities and capabilities necessary to comply
with the duties referred to in subsection (1) and (2).
(4) Costs incurred by telecommunications service providers in complying
with subsection (1) and (2), including investments, technical, maintenance and operating
costs must be borne by that telecommunications service provider.
(5)
(a)

(b)
(c)
The provisions of this Part are not construed so -
as to prohibit the use of any specific type of technology;
as to compel service providers to perform any action that would make
the provision of any class of telecommunications service uneconomical
or technically infeasible;

as to obtain or store any information that in the normal use of any
technology or protocol will not come to its knowledge or would not be
readily available.
Assistance by telecommunications service providers and compensation therefor
72.

(a)
(b)
(1)
the forms of assistance in the execution of a direction for which a
telecommunication service provider must be compensated; and
reasonable tariffs of compensation payable to a telecommunications
service provider for providing such prescribed forms of assistance.
(2)
The Minister must make regulations prescribing -The forms of assistance referred to in subsection (1) (a) may include-
(a) the making available of a facility, device or telecommunication
system;

(b)
centres;
(c) making available of network services or facilities to equipment or
software installed in interception centres;
the routing of duplicate signals or duplicate packets to interception
(d)
provision of information stored in terms of section 71(2).
(3)
Regulations made in terms of subsection (l)(a) may also prescribe-
(a) the manner of routing signals to interception centres;
(b)
interception centres;
the format in which information or signals must be provided to
54

(c) any technical matter relating to the interconnection of equipment at
interception centres and equipment or networks of telecommunications
service providers; or

(d)
the telecommunications in question.
any other technical requirement that will facilitate the interception of
(4) The Authority may after consultation with the Minister impose further
conditions on licensees relating to any matter contained in the regulations referred to in
subsection (1) which conditions IT!ayregulate anything prescribed in these regulations
in more detail or which may be necessary in order to facilitate any matter prescribed in
the regulations.

(5) If the Authority is of the opinion that information contained in licence
conditions referred to in subsection (4) may contain information that may be detrimental
to the objects of this Part, it may not make any such information relating to such
conditions available as contemplated in section 27.

(6) The tariffs prescribed in terms of subsection (1)(b)
-
(a)
service providers; and
may differ in respect of different categories of telecommunication
(b) must be uniform in respect of each telecommunication service provider
falling within the same category.

(7) The compensation prescribed in terms of subsection (1)(b) may only be
for direct costs incurred in respect of personnel and administration which are required
for purposes of providing any of the forms of assistance contemplated in subsection (1)
(a).
Duty to obtain information relating to customers
73. (1) Telecommunications service providers must ensure that the
prescribed information is obtained from all customers.
(2) The information referred to in subsection (1) must be sufficient to
determine which telephone number or other identification has been issued to a specific
customer in order to make it possible to intercept the telecommunications of that
customer.
Functions of Authority relating to interception
74. (1) Any duty imposed by this part or any regulation made in terms
of this Part may be enforced as if such duty were a licence condition imposed under this
Act.
(2) The Authority may adjudicate any dispute that may arise between a
telecommunications service provider and an interception centre, if such a dispute relates
to any duty imposed by this Part or a regulation made in terms of any provision of this
Part.

Disclosure of information

75.
contemplated in this Part or information stored in terms of this Part and who-
Any person who performs any service relating to interception
(a)
(b)

reveals any information or performs any other action that will or is
calculated to, have the effect that the interception or collection of
information will not provide the information sought; or

discloses or in any other manner makes use of information obtained by
means of the activities in question for another purpose than the purpose
for which the interception or collection is intended,

commits an offence and is liable on conviction to a fine of N$l00 000 or imprisonment
for a period of ten years or both such fine and such imprisonment.

Equipment relating to interception

76.
deals in any equipment prescribed in terms of subsection (2) without a permit issued
by the Minister or who does not comply with any conditions in the permit in question,
commits an offence and is liable on conviction to a fine of N$20 000 or to imprisonment
for a period of fi ve years or to both such fine and such imprisonment.
(2) On the recommendation of the Director-General the Minister may
make regulations listing the equipment and software to which subsection (1) applies, if
such equipment or software-
(a) may be used to perform or facilitate interception or monitoring of
telecommunications or any other activity performed by or in relation to
an information or computer system;
(1) Any person who possesses, imports, exports, distributes or
(b)
it less effective.
(3) Before regulations referred to in subsection (2) are made, the Authority
must conduct a consultation process in the manner prescribed in terms of section 30(3)
obtaining the input of persons having an interest in the regulations in question.
(4) The Authority must submit a report of the consultation process to the
Minister which contains-
may be used to prevent lawful interception or monitoring or rendering
(a) the submissions made by stake holders on the proposed regulations;
(b)
prohibition on the telecommunications and the information technology
industry; and
(c) any information that the Authority may think fit with relation to
beneficial or harmless uses of the equipment or software in question.
the recommendations of the Authority on the impact of the proposed
56

Regulations relating to interception
77. (1) Regulations prescribing anything in terms of this Part must be
made by the Minister, after consultation with the Authority, the Director-General and
all providers of telecommunications services who may be affected by the regulations
concerned.
(2) Regulations made in terms of this Part may exempt any provider of
telecommunications services from any duty imposed by this Part if -

(a)
(b)
(c)
it will promote the objects of this Act;

complying with the duty in question will affect the provision of a class
of telecommunications services detrimentally; or
the burden imposed upon any provider of telecommunications services
is disproportionate with the benefit that will be derived from the
facilitation of interception by complying with the duty in question.
PART7
MISCELLANEOUS MATTERS
Determination of dominant position
78. (1) Subject to subsection (2) the Authority must hold a hearing
within one year from the date of commencement of this Act and thereafter every three
years in order to determine which licensees hold a dominant position in the market.

(2) A licensee may request the Authority to conduct such a hearing earlier
than required by subsection (1) and the Authority must hold such hearing, if the licensee
requesting such a hearing presents sufficient information to the Authority to convince it
that there is a
of telecommunications services.
(3) The Authority may also conclude that a licensee is dominant in respect
of a specific class of telecommunications services when it is considering a matter where
the question of dominance is relevant: Provided that it gives all parties affected by that
finding an opportunity to be heard on that matter.
prima facie case that a different licensee has become a dominant provider
(4) Subject to subsection (5), the Authority must find a licensee to be
dominant if it is of the opinion that -

(a)
of telecommunications services in question, that it is able to act
independent of its competitors;
(b) the licensee controls some infrastructure that is necessary for the
provision of the services in question;
(c) the licensee in question is dominant as provided in paragraph (a)
or (b) in respect of a class of related services (which need not be
the licensee in question has such a share of the market in the class
57

(d)

telecommunications services) and the licensee can use that dominance
to exercise power in the market for the telecommunications services in
question; or

the licensee in question has a position in a market in another country
or a relationship with providers in another country that can be
used to exercise market power in respect of the relevant class of
telecommunications services in Namibia.
(5) The Authority must consider the market power that may be exercised
by a competitor of the licensee concerned in order to determine whether any of the
matters referred to in subsection (4) will give the licensee concerned market power as
contemplated in subsection (4).

Consumer protection

79.
adequate and up to date information concerning the standard terms and conditions for
provision of telecommunications services.
(2) The information referred to in subsection (1) must be provided to the
Authority which must make that information available in terms of section 27.
(3) All licensees must provide a contract to every customer that either
specifies the service to be provided and the terms and conditions for providing such
service or makes reference to publicly available terms and conditions.
(4)
specify -
The contract or the publicly available terms and conditions must
(1) Each licensee must fully disclose to all users of its services
(a)
the supply time for initial connection and service;
(b) the duration of the contract for each given service;

(c)
(d) the additional charges for maintenance;
the types of maintenance service offered;
(e)
not met; and
(f) a summary of the method of initiating procedures for the settlement of
disputes before the Authority.
the compensation and refund arrangements if the contracted service is
Equipment approvals and standards

80.
applicable to telecommunications equipment to ensure against harm to electronic
telecommunications networks or to public health or safety.
58
(2) The Authority may prescribe standards relating to the attachment of
telecommunications equipment to the telecommunications networks of licensees.
(3) The Authority may prescribe categories of telecommunications
equipment for which type approval is required before it is sold or put into use in Namibia,
to ensure against harm to public health and safety or to electronic telecommunications
networks.
(4) The Authority may prescribe general or specific standards of
performance, operational compatipility, and interconnectivity, for different categories
of telecommunications equipment.
(5) The Authority may prescribe procedures for testing equipment to
ensure compliance with this Act.
(6) The Authority must consider input from public health and safety
officials, licensees and other providers of telecommunications services, manufacturers
and other industry participants before it prescribes any category of equipment for which
type approval is required as contemplated in subsection (3).
(7) The Authority must ensure that its regulation of equipment and any
standards it prescribes under this section are no more than the minimum necessary to
ensure safe and efficient telecommunications in the country.
(8) In setting standards under this Act, the Authority must take into account
the standards promulgated in other states in the region, and where feasible coordinate
with other states in the region in the setting of standards, either through participation in
international standards-setting bodies, or through consideration of the views of industry
participants in industry standards-setting organisations.
(9) The Authority may seize any telecommunications equipment that does
not comply with any standard prescribed under this section or that belongs to a category
of telecommunications equipment for which type approval is required as contemplated
in subsection (3) and that has not been approved as contemplated in that subsection.
(1) The Authority may prescribe reasonable technical standards
Numbering administration

81.
procedure prescribe a national numbering plan for use in the provision of
telecommunications services.
(2) In preparing the numbering plan, the Authority must take account of
existing numbering plans or schemes.
(1) The Authority must after having followed a rulemaking.
(3) The numbering plan must require mobile number portability by
all technology and service neutral licensees within two years from the date of
commencement of this Act.
(4) The Authority may include additional requirements in the numbering
plan relating to number portability, the lengths of numbers, indications to consumers
59
of the network through which calls are routed, regulation or prohibition of the transfer
of subscribers between licensees and any other matter relating to numbering that will
promote competition or protect consumers.
(5) The Authority must allocate to licensees adequate prefixes, numbers
and numbering ranges without unreasonable delay, in an objective, non-discriminatory,
proportionate and transparent manner, in return for a fee that is no greater than necessary
to compensate for the management costs of the numbering plan and the control of its
use.
(6) The Authority must ensure that no customer of any licensee is
unnecessarily inconvenienced by alterations in the numbering plan, and the allocation
of numbers does not confer any competitive advantage to any particular licensee.
(7) The conditions under which prefixes, individual numbers and number
ranges may be used must be specified in licences or in a decision allocating numbering
resources.
(8) Licensees must include the necessary provisions to meet number
portability or other obligations contemplated in this section in their interconnection
agreements.

CHAPTER VI
BROADCASTING SERVICES

Definition for the purposes of this Chapter
82. For the purposes of this Chapter, the term "licence" refers to a
broadcasting licence and "licensee" is construed accordingly.
Prohibition of the provision of broadcasting services without licence
83. (1) No person may broadcast or otherwise operate a broadcasting
service or do or permit anything to be done for which a broadcasting licence is required
in terms of this Act, unless he or she is in possession of the appropriate licence so
required, in addition to any other licence or certificate which may be required by this
Act for the transmission or operation of a broadcasting service undertaken by him or her
or for the doing of that thing.
(2) A broadcasting licence is also required in respect of any broadcast
transmitted from outside Namibia if such broadcast is intended to be received only by
persons who subscribe to the service in question or provide any other consideration to
receive that service.
(3) Any person who promotes such a service in Namibia or who receives
payment as consideration for access to such service is deemed to be operating the
service in question.
60

Categories of broadcasting licences

84.
whenever it may be necessary, the Authority must conduct a rule-making procedure to
prescribe the categories of broadcasting licences.
(2) When different categories of broadcasting licences are detennined, the
following distinguishing characteristics of the services must be taken into account
(1) Before this Chapter is put into operation, and thereafter-
(a)
(b)
(c)
(d)
the method used t~ distribute the services concerned;

whether scarce resources such as portions of the radio spectrum are
used by the service;
the extent to which the licensee has editorial control over the contents
of channels or programs fonning part of the services concerned and
whether the provider concerned is a provider contemplated in section
83(2);
whether the services concerned are community, commercial or public
broadcasting services.

Issue of broadcasting licences
85.
against payment of such fees as may be prescribed, issue a broadcasting licence in the
appropriate category prescribed in terms of section 84(1) conferring the right to provide
the services authorised by the licence.
(1) The Authority may, on such conditions as it may detennine and
(2) Subject to subsection (3) and (4), the Authority may issue a broadcasting
licence only to-

(a)
a Namibian citizen; and
(b)
beneficially owned by Namibian citizens and which is not controlled
directly or indirectly by persons who are not Namibian citizens
and which has its principal place of business or registered office in
Namibia.
(3) The Minister may beforehand authorise the issue of a broadcasting
licence to a juristic person other than a juristic person referred to in subsection (2)(b).
(4) Every application for a broadcasting licence must be made in the
a juristic person of which at least 51 percent of the share holding is
prescribed form and must be accompanied by
-
(a) the prescribed application fee;
(b) the prescribed deposit, if any;

the applicant's proposals in relation to the nature of the service and a
programme schedule in regard to the daily transmission time allocated
to different programmes;
a statement of account setting out the financial resources available to
the applicant to conduct a broadcasting service; and
such other information as the Authority may deem necessary in order
to decide on the ability of the applicant to provide the broadcasting
service.
(5) Where the application has not been successful, all amounts paid by the
applicant, except the prescribed application fee, must be refunded by the Authority to
the applicant, and no interest is payable on any such amount.
(6) The Authority must cause notice to be given in the
application for the issue of a broadcasting licence received by it.
(7) Any person may within fourteen days of publication of a notice in
terms of subsection (4) lodge with the Authority written representations opposing the
issue of a broadcasting licence, and such representations must be taken into account
when the Authority considers the application.
(8) When considering an application for the issue of a broadcasting licence
the Authority must have regard to-
Gazette of every
(a) the character of the applicant or, if the applicant is a body corporate, the
character of its directors;

(b) the adequacy of the expertise, experience and financial resources
available to the applicant;

(c)
persons, to have control of or a substantial interest in -
the desirability or otherwise of allowing any person or association of
(i) more than one broadcasting service;

(ii) more than one radio station and one television station and one
registered newspaper with a common coverage and distribution
area or significantly overlapping coverage and distribution
areas;

(d)
broadcasting standards as the Authority may prescribe;
(e) whether the conditions of a broadcasting licence will unjustly benefit
one licensee above another;
(f)
widest possible diversity of programming and the optimal utilisation
whether the applicant is likely to comply with such technicalthe allocation of spectrum resources in such a manner as to ensure the
62

(g)
(h)
of such resources: Provided that priority may be given to broadcasters
transmitting the maximum number of hours per day;
the reservation of radio wave spectrum resources for future use; and

the desirability of giving priority to community based broadcasts.
(9) As soon as the Authority grants an application for the issue of a
broadcasting licence, it must cause notice thereof to be given in the
applicant.
(10) Subject to Article 18 of the Namibian Constitution, the decision of the
Authority to grant or refuse an application for the issue of a broadcasting licence is
final.
Gazette and to the
Conditions on broadcasting licences

86.
licensees as are appropriate for the category of broadcasting licence issued to the
licensee concerned.
(2)
relation to -
(1) The Authority may impose such conditions on broadcasting
(a)
(b)

The conditions referred to in subsection (1) may include conditions in
the frequencies that may be used and the power limitations of
transmitters used in connection with the broadcasting services in
question, the technical servicing and inspection of equipment and any
other technical matters;
the prevention of electric and other disturbances of radio reception or
of transmissions over any telecommunications line;

(c) the broadcasting of reports, announcements, news or other information
which is required to be broadcast in the public interest;
(d) the location of a transmitter and the specific geographical area to which
the broadcast may be made;
(e)
waves in question, including whether the service must be digital or
analog;
(f) the duty to make spare capacity on transmitters, masts and towers
available to other licensees, the conditions under which such duty
exists, the extent of the duty, the payment for the use of such capacity,
the rights of the person who provides such capacity and any other
matter relating thereto; and
(g) any matter relating to masts, towers or other facilities effecting the
environmental or aesthetic impact of such facilities.
63
(3) The Authority may, in respect of any particular licence, amend any of
the conditions, including by adding further conditions -
(a) if the Authority is of the opinion that it is in the interest of orderly
spectrum management;
the manner in which the information must be modulated upon the radio
(b)
broadcasting to which Namibia is a party; or
(c)
in order to give effect to any international treaty in relation toat the request of the licensee.
(4) No amendment may be made to the conditions of a broadcasting licence
in terms of paragraph (a) or (b) of subsection (3), unless the licensee concerned has been
granted the opportunity to make written representations to the Authority in connection
therewith.
(5) The. decision by the Authority to so amend or not, is, subject to the
provisions of Article 18 of the Namibian Constitution, final.

Duration of, renewal and lapsing of broadcasting licence

87.
(1) A broadcasting licence is issued for a period -
(a) in the case of a radio broadcasting licence, of five years;
(b) in the case of a television broadcasting licence of ten years;

(c) in the case of any other broadcasting licence, of the time prescribed
by the Authority: Provided that different periods may be prescribed in
respect of different classes of broadcasting licences.
(2) The Authority may from time to time renew a licence for such further
period as provided for in subsection (1).
(3) An application for the renewal of a licence must be made not earlier
than six months and not later than 60 days before the date of expiry of the existing
licence.
(4) The Authority may, when considering an application for the renewal of
a licence, require such new or additional information as it may deem necessary to make
a finding.
(5) The Authority must renew a licence unless, in its opinion, the licensee
has contravened this Act or a condition of the licence or the renewal of the licence will
not be in accordance with the objects of this Act.
(6) If a decision in connection with an application for the renewal of a
licence has not been reached by the Authority at the time when the period of validity of
the existing broadcasting licence expires, such licence continues to be of effect pending
such decision.

(7) A licence lapses after the expiry of such period which may be prescribed
in the event that no broadcasts are made under that licence.

Payment of broadcasting licence fees

88.
such fees are payable and remain unpaid after the expiry of a period of seven days after
the written notice by the Authority to the licensee to remedy the default, the Authority
may declare the licence to be forfeited.
If any prescribed fees are not paid by a licensee on the date on which
Broadcasting code

89.
code is not worth while as contemplated in subsection (5), it must as soon as possible
after the commencement of this Act after having followed a rule-making procedure,
prescribe a broadcasting code that must prescribe the duties with which licensees must
comply.
(2)
(1) Unless the Authority finds that the making of a broadcasting
(a)
(b)
(c)
The broadcasting code may
-
prescribe duties relating to the coverage of news and current affairs in
order to ensure that the news coverage by broadcasters is fair, objective
and impartial;

prescribe such duties as may be required to comply with generally
accepted journalistic ethics;

regulate the broadcasts of any matter having the purpose of promoting
the interests of any political party (whether it is in the form of a paid
advertisement or otherwise);

(d) prescribe special duties for broadcasters while campaigns are being
conducted for elections or referendums as will promote democracy and
the fair conducting of such elections or referendums;
(e)
containing offensive or strong language or that is offensi ve or degrading
to any portion of the Namibian public or prohibit such broadcasts under
prescribed circumstances or during prescribed times or prescribe other
conditions relating to such broadcasts or subject to the Namibian
Constitution prohibit the broadcast of a prescribed class of such matter
under the prescribed circumstances;
regulate the broadcasting of matters of a sexual or violent nature,
(f) prescribe the duty to broadcast a prescribed class of public
announcements free of charge;
(g) prescribe the circumstances under which corrections or counterversions
must be broadcast when factually incorrect or defamatory or
injurious matter or matter whose broadcast is prohibited by the code,
has been broadcast;

(h) require the broadcast of prescribed types of content produced in
Namibia;

(i)
broadcast and prohibit the broadcast of advertisements that are
degrading or offensive;
(j)
by broadcasters.
prescribe the amount and nature of advertisements that may beprescribe any duty that will improve the quality of the service provided
(3)
(a)
service are appropriate for the services in question;
(b)
uneconomical or impractical;
When the code is prescribed, the Authority must -ensure that the duties imposed on a specific category of broadcastingensure that duties are not imposed that will make some class of service
(c)
(d)
creativity.
(4) If the Authority is of the opinion that a licensee belongs to an
organisation that enforces the compliance of its members with broadcasting standards
that comply with the requirements of this section, it may with the concurrence of the
Minister make a determination that the licensee concerned does not require regulation
by a broadcasting code.
(5) If a determination under subsection (4) has been made in respect of
a substantial percentage of licensees, the Authority may with the concurrence of the
Minister decide that the making of a broadcasting code is no longer worth while due to
the small number of licensees that will be subject to the broadcasting code.
(6) If the Authority has made a finding referred to in subsection (4) or (5),
it may still prescribe any matter in respect of all or a specified class of licensees which
may be prescribed in the code if it has beforehand followed a rule-making procedure.
ensure that community broadcasting is promoted;impose duties that will as far as practical promote Namibian
Supervision by Authority

90.
imposed on broadcasting licences and the broadcasting code and if the chairperson, as a
result of a complaint by any person, is of the opinion that the conditions or duties have
been materially breached, he or she must request the licensee concerned to make written
representations regarding the alleged breach to the Authority.
(1) The Authority must supervise compliance with the conditions
(2) When, after consideration of the written representations, the Authority
is of the opinion that the licensee has materially breached a condition or provision of the

broadcasting
code, it may issue an order -
66

(a)
(b) directing the licensee to effect a programme change within a period not
longer than thirty days from the date of receipt of the direction;
warning the broadcasting licensee;
(c)
the Authority may direct, the finding of the Authority;
(d) directing the licensee to broadcast a counter-version in accordance with
the provisions of ~he broadcasting code;
(e)
Authority; or
(f)
or it may take any other action authorised by this Act.
directing the licensee to disclose, free of charge and in such manner assuspending the broadcasting licence for a period determined by thewithdrawing the broadcasting licence,
(3) Whenever the Authority orders the withdrawal of a broadcasting
licence under paragraph (f) of subsection (2), it must cause a notice to be published in
the
Furnishing of financial statements
91. (1) Every licensee must, within 60 days after the end of such
licensee's financial year, submit his or her audited financial statements to the
Authority.
(2) The auditing of the financial statements referred to in subsection (1)
must be carried out by a person who is registered as an accountant and auditor in terms
of the Public Accountants' and Auditors' Act, 1951 (Act No. 51 of 1951).
Broadcasting licences issued under Act 4 of 1992
92. (1) A broadcasting licence issued under the Namibian
Communications Commission Act, 1992 (Act No.4 of 1992), is, subject to subsection
(2), deemed to be a licence issued under this Chapter and any condition imposed on the
holder of such a licence is deemed to be a condition imposed under this Chapter.
(2) The Authority must within six months from the commencement of this
Act, review all existing broadcasting licences and must issue a broadcasting licence in
the appropriate category to the licensee in question.
Application of this chapter to Namibian Broadcasting Corporation
93. (1) Until a date determined by the Minister by notice in the
Gazette containing details of such order.Gazette,
this chapter does not apply to the Namibian Broadcasting Corporation established by
section 2 of the Namibian Broadcasting Act, 1991 (Act No.9 of 1991), or in respect of
the broadcasting activities carried on by that Corporation.

(2) Before the date determined in tem1S of subsection (1), the broadcasting code
must be amended in consultation with the Minister after having followed a rule-making
procedure in order to prescribe appropriate obligations with which a public broadcaster
must comply.

(3) Within six months from the date determined in terms of subsection
(1), the Authority must issue a broadcasting licence to the Namibian Broadcasting
Corporation that is appropriate for a public broadcaster.
(4) Before the date determined in terms of subsection (1), the Authority
may after having given the corporation an opportunity to be heard, impose conditions
referred to in section 86(2)(d), (e), (f) and (g).

CHAPTER VII
POSTAL SERVICE LICENCES

Definition for purposes of this Chapter
94. In this Chapter unless the context indicates otherwise, "licence" means
a postal licence and "licensee" is construed accordingly.
Prohibition of the provision of postal services without a licence

95. (1) Subject to subsection (2), no person (except Namibia Post
Limited established by section 2(1)(a) ofthe Posts and Telecommunications Companies
Establishment Act, 1992 (Act No. 17 of 1992) ) may render a postal service without a
licence issued in terms of section 96.

(2) The Minister may by notice in the
Namibia Post Limited will require a licence under this Chapter authorising the rendering
of postal services.
(3) Within six months from the date determined in terms of subsection (2),
Namibia Post Limited must submit an application for a postal service licence in the
form required by the Authority.
Postal service licences
96. (1) The Authority may on application made to it in the prescribed
manner, and on such conditions contemplated in subsection (2) and against payment
of such fees as may be prescribed, issue a postal service licence conferring the right to
provide a postal service for such period as may be prescribed.
(2) When the Authority grants a postal licence, it may impose such
conditions as may be necessary which conditions may relate to -
(a) the compulsory provision of such class of services as it deems
necessary ;
Gazette determine a date from which
(b) such information and reports that must be provided to the Authority;

(b)
(4)
(b)
(c)

any other matter that may be necessary to implemen and regulate the
postal industry in Namibia.
(a)
every application received by it under subsec ion (1).
The Authority must cause notice to be given in the Gazette of
Any person may within 14 days of publication of a otice in terms of
paragraph (a) lodge with the Authority written represe tations opposing
the application in question and such representations ust be taken into
account when the .Minister considers that application.
(a) The Authority may on application made to it in the prescribed
manner, renew a licence issued under subsection (1 for such further
period as may be prescribed.
An application referred to in paragraph (a) must be made not earlier
than six months and not later than 60 days before the ate of expiration
of the existing licence.

The Authority may, when considering an application or the renewal of
a postal service licence require such new or addition information as it
may deem necessary to make a finding.

(d) If a decision in connection with an application mad under paragraph
(a) has not been reached by the Authority at the tim when the period
of validity of the existing licence has expired, such li ence continues to
be of effect pending such decision.
(5) If any prescribed fees with regard to a postal servic licence have not
been paid by a licensee on the date on which such fees are payable d remain unpaid
after the expiry of a period of seven days after a written notice by th Authority to such
licensee to remedy the default, the Authority may declare the licen e concerned to be
forfeited.
(6) (a) The Authority may, where it is of the opinion that the conditions
of any postal service licence have been materially br ached, request the
holder of such licence to make written representati ns to it regarding
the alleged breach.

(b)
paragraph (a), the Authority is of the opinion that the holder of a postal
service licence has materially breached a condition of the licence
concerned, it may in addition to any other power that it has under this
Act, issue an order -
(i)
If, after consideration of the written representatio s contemplated inwarning such licensee;
(ii)
imposing a fine on such licensee not exceeding N$10,OOO;
(iii)
suspending the licence concerned; or
69

(c)

(d)
(iv) withdrawing the licence concerned.

Any fine imposed under subparagraph (ii) of paragraph (b) is for the
benefit of the Authority.
Whenever the Authority orders the withdrawal of a postal service
licence under subparagraph (iv) of paragraph (b) it must cause a notice
to be published in the
Gazette containing details of such order.
(7) A licensee must, within sixty days after the end of its financial year,
submit to the Authority his or her financial statements, audited by a person registered as
an accountant and auditor in terms of the Public Accountants' and Auditors' Act, 195]
(Act No. 51 of 1951).

Transfer of postal service licences
97. (1) No postal service licence may be transferred, except with the
approval of the Authority granted upon an application for such transfer in the prescribed
form.
(2) Where a company is the holder of a postal service licence, no person
may, except with the prior written approval of the Minister, acquire shares or any other
interest in that company which results in that person directly or indirectly obtaining a
controlling interest in the company.
Regulations relating to postal service licences
98.
(a)
applies for a postal service licence;
The Authority, with the approval of the Minister, may make regulations -prescribing the form and procedure to be followed when a person
(b)
licence, any deposit payable in respect of an application for a postal
service licence and any fees payable by a licensee in respect of a
licence;
(c) prescribing any services that may only be provided by a prescribed
holder of a postal service licence in order to compensate that holder for
the provision of other compulsory or unprofitable services;
prescribing any fees to be paid for an application for a postal service
(d)
documents to be postal services for the purposes of this Chapter;
(e) prescribing anything that in terms of this Chapter mayor must be
prescribed.
prescribing any service involving the transport of packages or
70

CHAPTER VIII
REGULATION OF RADIO SPECfRUM

Control of radio spectrum

99.
administration, management and licensing of the radio spectrum.
(2) In controlling, planning, administering, managing and licensing the
use of the radio frequency spect~m, the Authority must comply with the applicable
standards and requirements of the International Telecommunication Union and its
Radio Regulations, as agreed to or adopted by Namibia.
(3) The Authority must honour present and future commitments of Namibia
in terms of international agreements and standards in respect of radio communication
and telecommunication matters.
(1) The Authority is vested with the control, planning,
Frequency band plans

100.
band plan in respect of any part of the radio frequency spectrum.
(1) The Authority may from time to time prescribe a frequency
(2)
(a)
(b)
(c)
(d)
(3)

Authority
-
A frequency band plan must -

define how the radio spectrum must be used;

aim at ensuring that the radio frequency spectrum is utilised and
managed in an orderly, efficient and effective manner;
aim at reducing congestion in the use of frequencies and at protecting
frequency users from any interference or other inability to make use of
the frequencies assigned to them;
avoid obstacles to the introduction of new technologies and
telecommunication services;
(e) aim at providing opportunities for the introduction of the widest range
of telecommunication services and the maximum number of users
thereof as is practically feasible.
In preparing a frequency band plan in terms of this section, the

(a) must have due regard to the reports of experts in the field of spectrum
or frequency band planning and to internationally accepted methods for
preparing such plans;

(b) must take into account existing uses of the radio frequency spectrum
and any frequency band plans of other countries whether they are
already in effect or whether they are in the course of preparation.
73
(12) The Namibian Defence Force or any other organ of the State is deemed
to be the holder of a licence issued under subsection (2) authorising it to use the radio
frequencies and groups of radio frequencies which had been assigned to it for defence
purposes or to the other organ immediately before the date of commencement of this
Act: Provided that the said Force or other organ must apply to the Authority within
six months after the date of commencement of this Act or such extended period as the
Authority may allow, for such a licence, and that the Authority must grant such a licence
in terms of this section to the Force or other organ.
(13)

(2) -
(a)
(b)
The Authority may amend a spectrum licence issued under subsection

to implement any frequency band plan or in the interest of orderly
frequency management, if the amendment will not cause substantial
prejudice to the licensee;

if requested thereto by the licensee concerned.

(14) The procedures in relation to the amendment, renewal or transfer
of a spectrum licence, certificate or authority contemplated in this section will be as

prescri bed.

(15)
(a)
(b)
(16)
Subsection (1) does not apply to a person who utilises radio waves -

in the course of making due and proper use of a telecommunication
service, the provision of which is duly licensed in terms of this Act, as
a customer or end user thereof;

in accordance with the regulations contemplated in subsection (16).

The authority may prescribe-

(a) categories of radio apparatus, the use or possession of which; or

(b)
does not require a licence, certificate or authority in terms of this section or a permit in
terms of section 102.
the circumstances in which the use or possession of radio apparatus,
(17) A notice published in the
immediately before the date of commencement of this Act declaring any article not
to be radio apparatus for the purposes of the laws governing radio, is deemed to be a
regulation made in terms of subsection (16) authorising the possession of the apparatus
mentioned in that notice.
Control of possession of radio apparatus
102. (1) Subject to section 101(15), no person may have in his or her
Gazette and still of force and effect
possession
the Authority in terms of this section or a spectrum licence issued in terms of section
101 authorising such possession.
any radio apparatus unless he or she is in possession of a permit issued by
74

(2)
prescribed.
The procedure for obtaining a permit in terms of subsection (l}; is as
(3) Where any radio apparatus is found in the possession of any person in
contravention of the provisions of this section, the Authority may -

(a)
(b)
seal or alter such apparatus or any part thereof in order to prevent the
use of that radio apparatus for the purpose of transmission or reception,
and issue to such person a permit for a limited or indefinite period
authorising the po.ssession of that apparatus on condition that it is not
during such period used for such purpose;

seize such apparatus, whether or not it is sealed as contemplated in
paragraph (a), for disposal in terms of subsection (4).
(4) Radio apparatus seized under subsection (3) (b) must be held by the
Authority until -

(a) its possession is authorised in terms of subsection (1) or (3) (a); or
(b)
other law.
it is declared forfeited as contemplated in section 110 or under any
CHAPTER IX
ESTABLISHMENT AND INCORPORATION OF .NA DOMAIN
NAME ASSOCIATION

Establishment of Association
103. A juristic person to be known as the .na Domain Name Association is
hereby established -

(a)
administering the .na name space;
(b) for the purpose of assuming responsibility for the .na domain name
space as from a date determined by the Minister by notice in the
with the object of obtaining all rights necessary for the purposes of
Gazette.

Incorporation of Association
104. (1) The Minister must, within 12 months of the date of
commencement of this Act, take all steps necessary for the incorporation of the
Association as a not for profit company under the laws regulating companies in
Namibia.
(2) All citizens and permanent residents of Namibia are eligible for
membership of the Association and must be registered as members upon application
and on payment of a nominal fee to cover the cost of registration of membership and
without having to comply with any formality.

(4) The Authority must give notice in the
a plan and in such notice invite interested parties to submit their written representations
to the Authority within such period as may be specified in such notice.
(5) The Authority must, after the period referred to in subsection (4) has
passed, hold a hearing in respect of the proposed plan.
(6) After the hearing and after due consideration of any representations
received pursuant to the notice mentioned in subsection (4) or tendered at the hearing,
the Authority must adopt the frequency band plan in question, with or without
amendment, and cause such plan to be published in the
Gazette of its intention to prepareGazette.
(7) Any frequency band plan adopted in terms of this section and all such
comments, representations and other documents as have been received in response to
the notice contemplated in subsection (4) or tendered at the hearing, must be kept at the
offices of the Authority and made available to the public as provided in section 27.

(8)
this section.

The Authority may review a frequency band plan adopted in terms of
(9) The provisions of subsections (2) to (7) apply, with the necessary
changes, in relation to any amendment contemplated in subsection (8).

Spectrum licences, certificates and authorities

101.
may-
(1) Unless expressly provided otherwise by this Act, no person
(a) transmit any signal by radio waves;
(b)
or
use radio apparatus to receive any signal transmitted by radio waves;
(c)
under his or her control to perform any action referred to in paragraph
(a) or (b),
except under and in accordance with a licence issued in terms of subsection(2) and if
applicable a certificate or authority issued in terms of subsection (3).
(2) The Authority may issue a licence conferring on the licensee the right
to use, or to cause any person in his or her employ or under his or her control to use
a transmitter for any prescribed purpose or to use any radio frequency or group of
radio frequencies or radio receiver for any purpose and in the manner prescribed or
determined in the licence concerned.
(3) The authority may-
(a)
instruct, permit or fail to prohibit any person in his or her employ ordetermine in a spectrum licence that the radio apparatus specified in
that licence;

(b) prescribe the circumstances under which radio apparatus; or

(c)
may only be operated or maintained by a person to whom -
prescribe the categories of radio apparatus that,
(i)
a certificate of proficiency has been issued; or
(ii)
authority has beep issued, in addition to a certificate referred to in
paragraph (i).
an authority to operate or maintain radio apparatus as specified in that
(4) A certificate referred to in subsection (3)(i) may be issued to a person
who has passed the examinations referred to in subsection (10) or to any person who
according to the regulations qualifies for the issuing of such a certificate without having
passed the examination in question.
(5) The procedures for the application for licences, certificates and
authorities referred to in this section and the information to be supplied for the
consideration of applications must be prescribed.
(6) A spectrum licence is required as provided in subsection (2) in addition
to any licence to operate a network or to provide telecommunications service or a
broadcasting service issued under this Act, where the operation of the network or the
provision of the service or the use thereof entails the use of radio waves as contemplated
in that subsection.
(7) When a person applies for a licence to operate a network or provide
telecommunications services or broadcasting services, that person must also apply for
such spectrum licences as are necessary to render the service concerned.

(8) The Authority must consider the application for the spectrum licence
together with the application for the other licence, and must ensure that such spectrum
licence is issued to the applicant to enable him or her to render the service for which
the other licence is issued: Provided that the Authority may refuse to issue a spectrum
licence if the applicant does not comply with such technical requirements for the issue
of a spectrum licence as the Authority may deem necessary.

(9) The provisions of section 45 apply with the necessary changes in
respect of such spectrum licences as Telecom may require in order to render the
telecommunications services contemplated in that section.
(10) The Authority may conduct examinations, or cause examinations to be
conducted, to determine the proficiency of any person to use or maintain a station as
contemplated in subsection (3) (i).

(11) A licence, certificate or authority issued in terms of section 7 (1) (a),
(c) or (d) of the Radio Act, 1952 (Act 3 of 1952), and which was still valid immediately
before the date of commencement of this Act, is deemed to have been issued in terms of
this section.

Association's memorandum and articles of association

105.
the Association must be consistent with this Chapter.
(2) Notwithstanding any law relating to companies, an amendment to the
memorandum of association or articles of association affecting any arrangement made
by any provision of this Chapter, does not have any legal force and effect unless the
Minister has consented in writing to such an amendment, which consent may not be
withheld unreasonably.
(3) No fee is payable in respect of the reservation of the name of the
company, the registration of the said memorandum and articles and the issue of the
certificate to commence business.
(4) The memorandum and articles of association of the Association may,
amongst others, provide for -
(a) the rules for the convening and conducting of meetings of the Board,
including the quorum required for and the minutes to be kept of those
meetings;
(b)
(c) the establishment of any division of the Authority to perform specialised
functions;
(d)
management committee;
(1) The memorandum of association and articles of association ofthe manner in which decisions are to be made;the establishment and functioning of committees, including a
(e)
the Association or committee in the consideration of any particular
matter;
the co-opting by the Board or a committee of any person to assist
(f)
which the activities of the Association are planned annually;
the preparation by the Board of an annual business plan in terms of
(g) the banking and investment of funds by the Board;
(h)
expertise from any person is obtained in order to further the objects of
the Association;
provisions to regulate the manner in which, and procedures whereby,
(i)
interpretation of the memorandum and articles of association of the
Association;
(j) the delegation of powers and assignment of duties to directors,
committees and employees;
the determination through arbitration of any dispute concerning the
76

(k)
(1)
(m)
(n)
(0)
(p)
(q)

the procedures and criteria for the establishment and disestablishment
of second level domains and for delegations to such domains;

appeal mechanisms;
the tenure of directors;

the circumstances under and the manner in which a directorship is
terminated;

criteria for the disqualification of directors;
the method of determining the allowances to be paid to directors for
attending meetings; and

the powers and duties of directors.

Board of directors of Association

106.
Directors consisting of five directors of whom -
(1) The Association is managed and controlled by a Board of
(a)
(b)
(c)
(2)
chairperson.
three are nominated by an organisation that in the opinion of the Minister
is representati ve of the information technology and telecommunications
industry in Namibia;
one is a Staff member whose duties relate to information technology in
the government;
one represents the Namibian public.

The Minister appoints the directors and designate one of them as the
(3) The directors must be persons who are committed to fairness, openness
and accountability and to the objects of this Chapter.
(5)
(2) and (3).
(4)
Any vacancy on the Board must be filled in accordance with subsections
All directors serve in a part-time and non-executive capacity.
Staff of Association

107.
Board must perform any work incidental to the functions of the Association.
Board.
(2) The chief executive officer may be assisted by staff appointed
(1) The chief executive officer oftheAssociation appointed by theby the
77
(3) The Board must determine the conditions of service, remuneration and
service benefits of the chief executive officer and the staff.
(4) If the chief executive officer is for any reason unable to peIform his or
her functions, the Board may designate a person in the service of the Authority to act
as the acting chief executive officer until the chief executive officer is able to resume
office.

Licensing of registrars and registries

108.
level domain unless such person is licensed to do so by the Association.
(2) An application to be licensed as a registrar or registry must be made in
the prescribed manner and subject to the prescribed fees.
(3) The Association must apply the prescribed conditions and criteria when
evaluating an application referred to in subsection (2).
(1) No person may update a repository or administer a second
Functions of Association

109.
(a)
(b) comply with international best practices in the administration of the .na
domain name space;
(c) license and regulate registries;
(d) license and regulate registrars for the respective registries; and
(1) The Association must -administer and manage the .na domain name space;
(e) publish guidelines on
-
(i)
name space;
the general administration and management of the .na domain
(ii) the requirements and procedures for domain name registration;
and

(iii)
the maintenance of and public access to a repository,
with due regard to the policy directives which the Minister may make
from time to time by notice in the
Gazette.
(2) The Association must enhance public awareness on the economic and
commercial benefits of domain name registration.
(3) The Association -
78
(a)
(b)
(c)
(d)

may conduct such investigations as it may consider necessary;

must conduct research into and keep abreast of developments in
Namibia and elsewhere on the domain name system;
must continually survey and evaluate the extent to which the .na
domain name space meets the needs of the citizens of Namibia; and

may, from time to time, issue information on the registration of domain
names in Namibia.

(4) The Association may, and must when so requested by the Minister,
make recommendations to the Minister in relation to policy on any matter relating to
the .na domain name space.
(5) The Association must continually evaluate the effectiveness of this
Act and things done in terms thereof towards the management of the .na domain name
space.

(6)
(a)

The Association may -

liaise, consult and co-operate with any person or other authority; and
(b)
Association may determine.
(7) The Association must respect and uphold the vested rights and interests
of parties that were actively involved in the management and administration of the .na
domain name space at the date of its establishment: Provided that -
(a)
may continue to operate in respect of their existing delegated subdomains;
and
(b) after the expiry of the six-month period, such parties must duly apply to
be licensed registrars and registries as provided for in this Chapter.
appoint experts and other consultants on such conditions as thesuch parties must be granted a period of six months during which they
Finances of Association

110.
banking account in the name of the Association with any banking institution or building
society registered in terms of the laws governing banking institutions and building
societies in Namibia.
(2) The chief executive officer is the accounting officer of the Association
and must ensure that -
(a) proper record of all the financial transactions, assets and liabilities of
the Association are kept; and
(1) All money received by the Association must be deposited in a
79

(b) as soon as possible, but not later than three months after the end of
a financial year, accounts reflecting the income and expenditure of
the Association and a balance sheet of the assets and liabilities of
the Association as at the end of that financial year are prepared and
submitted to the Board and Minister.

(3) The Association is funded from
-
(a) the capital invested in or lent to the Association;
(b) money appropriated by Parliament for that purpose;

(c) income derived from the sale or other commercial exploitation of its
licenses, approvals, products, technology, services or expertise in terms
of this Chapter;

(d) loans raised by the Association;
(e) the proceeds of any sale of assets;
(f)
money invested by it; and
income or interest earned on the Association's cash balances or on
(g)
from any source inside or outside Namibia.
(4) The funds of the Association must be utilised to meet the expenditure
incurred by the Association in connection with its functioning, business and operations
in terms of this Chapter.
(5) (a) The money may be so utilised only as provided for in a
statement of the Association's estimated income and expenditure, that
has been approved by the Minister.
money received by way of grant, contribution, donation or inheritance
(b)
in terms of subsection (3) (g), must be utilised in accordance with
any conditions imposed by the grantor, contributor, donor or testator
concerned.
Money received by way of grant, contribution, donation or inheritance
(6)
by the Minister, submit to the Minister for approval a statement of the
Association's estimated income and expenditure for the next financial
year.
(a) The Board must in each financial year, at a time determined
(b) The Board may at any time during the course of a financial year, submit
a supplementary statement of estimated income and expenditure of the
Association for that financial year, to the Minister for approval.

(c)
The Minister may grant the approval of the statement referred to in
paragraph (a), with the agreement of the Minister of Finance.

(d)
amount approved under paragraph (c).
The Association may not incur any expenditure in excess of the total
(7) The Board may establish a reserve fund for any purpose that is
connected with the Association's functions under this Chapter and has been approved by
the Minister, and may allocate to the reserve fund the money that may be made available
for the purposes in the statement of estimated income and expenditure or supplementary
statement contemplated in subsection (6).

Reports
111.
must submit a report on its activities during that year to the Minister who must table that
report in Parliament.
As soon as practicable after the end of every financial year, the Board
Regulations regarding Association

112.

regarding -

(a)
(b)
(c)
(d)
The Authority may, with the approval of the Minister, make regulations

the requirements which registries and registrars must meet in order
to be licensed, including objective standards relating to operational
accuracy, stability, robustness and efficiency;

the circumstances and manner in which registrations may be assigned,
registered, renewed, refused, or revoked by the registries with due
regard to the express recognition of the right of groups and members of
groups within Namibia to identify with, use or communicate cultural,
linguistic, geographical, indigenous or any other expressions of
heritage including any visual or audible elements or attributes thereof;

pricing policy;
provisions for the restoration of a domain name registration and
penalties for late payments;

(e)
and registrars must adopt and use in registering domain names,
including issues in respect of privacy, consumer protection and
alternative dispute resolution;
(f)
including bias to, or preferential treatment of actual or prospective
registrants, registries or registrars, protocols or products;
the terms of the domain name registration agreement which registriesprocesses and procedures to avoid unfair and anti -competi tive practices,
(g) requirements to ensure that each domain name contains an
administrative and technical contact;

(h) the creation of new sub-domains;

(i)
(j)
(k)

procedures for ensuring monitoring of compliance with the provisions
of this Act and the regulations provided for in this Chapter, including
regular .na domain name space technical audits;

such other matters relating to the .na domain name space as it may be
necessary to prescribe to achieve the objectives of this Chapter; and
policy to be applied by the Association.

Alternative dispute resolution

113.
Industry, must make regulations for an alternative mechanism for the resolution of
disputes in respect of the .na domain name space.
(1) The Minister, in consultation with the Minister of Trade and
(2)
precedent.
The regulations must be made with due regard to existing international

(3) The regulations may prescribe -
(a)
the regulations and which relate to a domain name registration;
(b)
resolution procedure;
procedures for the resolution of certain types of disputes determined inthe role which the Association must fulfil in administering the dispute
(c)
the appointment, role and function of dispute resolution adjudicators;
(d)
disputes;
(e)
between criminal and civil liability;
the procedure and rules which must be followed in adjudicatingunlawful actions or activities in respect of domain names, distinguishing
(f) measures to prevent unlawful actions or activities with respect to
domain names;

(g)
made;
(h) the implementation of determinations made in terms of the dispute
resolution procedure;
the manner, costs of and time within which a determination must be
(i)
determination; and
(j)
the limitation of liability of registrars and registries for implementing athe enforcement and publication of determinations.
82

CHAPTER X
GENERAL PROVISIONS

Regulatory offences
114. (1) Any person who provides telecommunications or broadcasting
services or owns or operates a network for which a licence is required by this Act
without a licence to provide such services is liable to a penalty contemplated in section
115(4) and guilty of an offence and on conviction liable to a fine not exceeding N$1 000
000 or to imprisonment for a periQd not exceeding three years.
(2) Any person who provides broadcasting services or telecommunications
services or owns or operates a telecommunications network outside the scope of a
licence or who does not comply with a condition of the licence held by that person
is liable to a penalty contemplated in section 115(4) and guilty of an offence and on
conviction liable to a fine not exceeding N$500 000 or to imprisonment for a period not
exceeding two years.
(3) Any person who fails to comply with an enforcement order or any other
order or request that this Act authorises the Authority to make, is liable to a penalty
contemplated in section 115(4) and is guilty of an offence and liable to a fine not
exceeding N$100 000 or imprisonment for a period not exceeding two years.
(4) An additional penalty or fine of N$lO 000 for each day which an
offence referred to in this section continues may be imposed by the Authority or court
as the case may be.
(5)
in section 115.

Offences under this section may be prosecuted in the manner provided

Manner of prosecuting regulatory offences
115. (1) If the Authority is of the opinion that any person has committed
an offence referred to in section 114, it may issue a summons in the prescribed form,
which must -
(a)
(b)
concerned;
state the offence that the person has allegedly committed;contain allegations of fact which if proved will establish the offence
(c) indicate the penalty that the Authority intends to impose for the offence
concerned.
(2) Within 30 days from the date of the service of a notice referred to in
subsection (1), the accused must deliver a notice to the Authority in the prescribed form
indicating whether he or she admits or denies the commission of the offence alleged in
the notice or whether he or she admits any other offence referred to in section 114.

(3) If the accused admits the offence alleged in the notice or admits a
different offence and the Authority accepts that admission, the Authority must hold a

hearing within three months from the date of the admission by the accused in order to
determine the appropriate sanction or penalty.
(4)
(a) impose a fine that does not exceed the fine which this Act determines to
be the maximum fine for the offence concerned (irrespective whether
the fine exceeds the fine indicated in terms of section (l)(c»;
(b) declare any telecommunications equipment or radio apparatus forfeited -
(i)
offence concerned;
(ii) whose possession is prohibited by this Act or otherwise
unlawful; or
(ii) that does not comply with standards prescribed under section
80 or that belongs to a category of telecommunications
equipment for which type approval has been prescribed as
contemplated in section 80(3) and that has not been approved
as contemplated in that subsection;
(c) amend any or withdraw any licence issued to the accused under this
Act.
(5) The accused may appeal against the imposition of a penalty by the
Authority under this section, as if the penalty were a sentence in a Magistrate's Court
and as if the person who presided at the hearing at which the penalty was imposed, were
a magistrate presiding at a criminal trial in the Magistrate's Court.
After a hearing referred to in subsection (3) the Authority may-that has been used by the accused in the commission of the
(6) If the accused denies the alleged offence or the Authority does not
except the admission by the accused of a different offence, the Authority may forward
all relevant information to the Prosecutor-General together with a request to him or her
to prosecute such offence as is indicated in the request.

(7) The Prosecutor-General may request further information from the
Authority in order to determine whether an offence has been committed.
(8) If the Prosecutor-General is satisfied that there is a reasonable possibility
of proving the alleged offence, he or she must prosecute the offence concerned.
(9) The Prosecutor-General may delegate the power to prosecute any
offence in terms of this Act to a member of the Board or an employee of the Authority
or to any legal practitioner to prosecute such offence subject to such conditions or
restrictions as the Prosecutor-General may deem appropriate.

Enforcement order

116.
contravened or failed to comply with any provision of this Act for which a specific
(1) If the Authority is of the opinion that any person has
84

penalty has not been prescribed, or any provision for which the making of such an
order is explicitly authorised, it may issue an enforcement order instructing the person
concerned to perform any action or refrain from any action stated in that order within
the period specified in that order.
(2) Any person against whom an order is made under subsection (1) may
appeal against such order to the High Court within the prescribed period and subject to
such procedural requirements as may be prescribed.
(3) The Authority may allow a person against whom an enforcement order
has been made to postpone compliance with the order pending an appeal.
(4) Subject to subsection (3), a person who appeals against an order made
under subsection (2), must comply with the order pending the decision of the High
Court on the appeal, unless the High Court has made an order exempting him or her
from complying with that order, which order may only be granted if the compliance
with the order would cause serious prejudice to the party against whom the order has
been made and the failure to comply with the order would not cause serious prejudice to
another party having a substantial interest in the subject matter of the order.
General offences
117. (1)
Any person who -
(a)
licensed service;
(b)
(c)
knowingly causes harmful interference to the radio transmission of acontravenes the provisions of section 101(1);by means of a telecommunications device knowingly-
(i) makes, creates, or solicits; or

(ii)
initiates the transmission of,
any comment, request, suggestion, proposal, image, or other
communication which is obscene, lewd, lascivious, filthy, or indecent,
with intent to annoy, abuse, threaten, or harass another person;
(d) by means of a telecommunications device knowingly-
(i)
makes, creates, or solicits; or
(ii)
initiates the transmission of,
any comment, request, suggestion, proposal, image, or other
communication which is obscene or indecent, knowing that the
recipient of the communication is under 18 years of age, regardless of
whether the maker of such communication placed the call or initiated
the communication;
85

(e)
(f)
(g)
(h)
(i)
makes a telephone call or utilises a telecommunications device, whether
or not conversation or communication ensues, without disclosing his or
her identity and with intent to annoy, abuse, threaten, or harass any
person at the called number or who receives the communications;
makes or causes the telephone of another repeatedly or continuously to
ring, with intent to harass any person at the called number;

makes repeated telephone calls or repeatedly initiates communication
with a telecommunications device, during which conversation or
communication ensues, solely to harass any person at the called
number or who receives the communication;
knowingly permits any telecommunications facility under his or her
control to be used for any activity prohibited by paragraphs (c), (d), (e),
(f) or(g) with the intent that it be used for such activity;
obtains a telecommunications service with the intent of avoiding
payment of applicable charges for such service;
refuses to supply information or documents to the Authority without
just excuse or obstructs investigation of an alleged offence by the
Authority;

(k)
of section 120,requiring his or her attendance at that hearing or fails
to answer a question put to him or her at such a hearing without just
excuse;
fails to attend a hearing when a summons has been issued in terms
(1)
message or information sent by means of a telecommunications
service;
(m) unlawfully engages in interception, tracing or recording of
telecommunications operations or messages;
intentionally modifies, delays or interferes with the contents of any
(n)
another person;
intentionally damages telecommunications facilities belonging to
(0)
fibre or any other equipment or thing that has been used in relation to the
provision of telecommunications services, knowing such equipment,
wire, fibre or thing to have been stolen or under circumstances in which
he or she can reasonably be expected to have known or should have
reasonably suspected such equipment, wire, fibre or thing to have been
stolen;
(p)
gains access to any broadcasting or telecommunications service that is
protected by any technological means,
possesses any telecommunications equipment, copper wire, opticalperforms any action that has the effect that he or she or any other person
86

is guilty of an offence.

(2)
A person who -
(a) contravenes paragraph (d), (m), (n) or (0) of subsection (1) is on
conviction liable to imprisonment for a period not exceeding 15
years or a fine not exceeding N$1 000 000 or both such fine and such
imprisonment;

(b)
liable to imprisonment for a period not exceeding fi ve years or to a fine
not exceeding N$20 000 or to both such fine and such imprisonment.
Forfeiture of equipment or apparatus
118. (1) If a person is convicted by a court of any offence in terms of
this Act, that court may declare any telecommunications equipment or radio apparatus
used in the commission of an offence or whose possession is prohibited by this Act or
whose possession is otherwise unlawful, to be forfeited to the Authority.
(2) The Authority may deal with any apparatus or equipment forfeited to it
in terms of subsection (1) or section 114(4)(b) as it thinks fit: Provided that the provisions
in the laws relating to criminal procedure in Namibia dealing with the enforcement of
rights by persons to property other than persons from whom the property has been
seized, apply with the necessery changes to property contemplated in this subsection.
Production of books and records
119. (1) The Authority may by notice in writing direct a licensee or
provider of telecommunications services to produce or furnish to the Authority, at the
time and place specified in the notice, such accounts, records or other documents or
information specified in such notice and relating to any matter in respect of which a
duty or obligation is imposed on that person under or by this Act or which has been
prescribed or imposed as a condition to a licence.
(2) The Authority may prescribe a mandatory period for the retention of
records which may not exceed eight years.
Summoning of witnesses
120. When in the opinion of the Authority, it is likely that any person can
give evidence concerning any matter that is relevant to any matter considered at any
hearing held by the Authority in terms of this Act, the Authority may issue a summons
in the prescribed form instructing that person to attend a hearing of the Authority on a
date, time and place indicated in that summons.
Power to monitor compliance with the provisions of this Act
121. (1)
the Authority may -
In order to monitor compliance with the provisions of this Act
contravenes any other provision of subsection (1) is on conviction
87

(a)
(b)
use any radio apparatus to monitor telecom.munications by radio
waves;

connect any equipment to the network of any licensee or the provider
of any telecommunications service in order to monitor any aspect of the
network that may be relevant for the performance of any function of the
Authority under this Act.

(2) The Authority may require any licensee or any provider of
telecommunications services to provide any information necessary to make any
connection or in order to decrypt or interpret any information that the Authority may
require in order to exercise the power referred to in subsection (1).
(3) The power referred to in subsection (1) may only be exercised in
order to gather general or statistical information relating to telecommunications or to
determine any technical question relating to any network that may be relevant to the
compliance with any provision of this Act, but the power may not be used to obtain the
contents of any message or information transmitted over that network, or to obtain any
information relating to the behaviour of any customer or user of any telecommunications
serVice.

Investigations by Authority

122.
own motion, conduct investigations with respect to any activity prohibited by this Act,
or for the purposes of doing anything required or permitted to be done under this Act.
The Authority may, on the application of any interested person or on its
Inspectors

123.
inspectors to exercise the powers conferred upon inspectors by this Act.
(2) An inspector -
(1) The Authority may appoint any of its staff members as
(a)
Act or as may be delegated or assigned to the inspector concerned by
the Authority; and
has such powers, functions and duties as may be provided for by this
(b)
such duties in compliance with the directions or instructions as may be
specified orally or in writing by the Authority, the Chairperson or the
Chief Executive Officer.
(3) An identification card must be issued to every staff member appointed
as an inspector in terms of subsection (1), which-
must exercise such powers, perform such functions and discharge
(a) must be signed by the Chairperson; and

(b) is
prima facie evidence of the appointment of the person concerned.
88

Special investigators
124. (1) The Authority may appoint a person who has expert knowledge
in a particular field to be a special investigator to investigate any contravention of a
provision of this Act or any aspect thereof, specified -
(a) in the instrument appointing the special investigator; or
(b) in a written notice given to the special investigator by the
Chairperson.
(2) A special investigator must perfonn his or her functions -
(a)
(b) on the tenns and conditions as the Authority and the special investigator
may agree.
subject to the control and direction of the Chairperson; and
(3) The Authority may appoint a special investigator as an inspector for a
specific purpose.
(4) If a special investigator has been appointed as an inspector, he or she
must be issued with an identification card as contemplated in section 123(3) which also
states the purpose for which he or she has been appointed as an inspector.
General powers of inspectors
125. (1) An inspector has the power to demand on behalf of the
Authority any infonnation from any person which that person is required to provide to
the Authority by virtue of any provision of this Act.
(2) An inspector may put any question to any person, or may examine
any book, document, telecommunication facility, any telecommunications equipment
or any other object, in order to obtain any infonnation required by the Authority for the
purpose of perfonning any function under this Act.
Power to enter and search
126. (1) If in the opinion of the Authority it is necessary in order to
perfonn any function under this Act, it may issue a warrant instructing any provider
of telecommunications services to allow an inspector to enter and search any premises
used by that person for the conducting of its business: Provided that nothing in this
section authorises an inspector to search any premises or part of any premises that is
used as the dwelling of any person.

(2)
to execute.
A warrant referred to in subsection (1) must be handed to an inspector

(3) An inspector executing a warrant referred to in subsection (1), may
enter any premises and there -

(a)

(b)
(c)
(d)

make such investigation or inquiry;
seize anything which in his or her opinion has a bearing on the
investigation;

examine any article or document that is on or in those premises that has
a bearing on the investigation;

request information about any article or document from the owner
of, or person in control of, the premises or from any person who has
control of the article or document, or from any other person who may
have the information;
(e)
or in the premises that has a bearing on the investigation;
take extracts from, or make copies of, any book or document that is on
(f)
use any computer system on the premises, or require the assistance of
any such person to use that computer system, to -
(i)
system;
(ii)
in the presence of a person in charge of, or employed at, the premises,search any data contained in or available to that computerreproduce any record from that data; and
(iii) seize any output from that computer system for examination
and copying; and
(g)
safekeeping anything that has a bearing on the investigation.
attach and, if necessary, remove from the premises for examination and
(4) Notwithstanding paragraph (f) of subsection (3), if a person
contemplated in that paragraph is not present or not able to give the assistance required
by the authorised officer, the inspector may proceed to use the computer system if in the
circumstances of the case any delay may prejudice the purpose for which the search is
carried out.
(5)
A person who removes anything from premises being searched must
(a) issue a receipt for it to the owner of, or person in control of, the
premises; and
(b)
was removed.
(6) If the owner or person in control of an article or document refuses
to allow the inspector conducting a search to inspect that article or document, the
inspector may request the registrar or sheriff of the High Court, or the messenger of the
magistrate's court of the area of jurisdiction where the premises are situated, to attach
and remove the article or document for safe custody until a competent court determines
whether or not the information is privileged.
return it as soon as practicable after achieving the purpose for which it
90

Investigation of offences
127. (1) An inspector who is investigating any offence under this Act
may request a police officer to accompany him or her while he or she is conducting such
investigation.
(2) A police officer requested to accompany an inspector as contemplated
in subsection (1), must accompany such inspector and may exercise any power vested in
him or her by any law in the presence of that inspector: Provided that the police officer
concerned may not search a persqn in the presence of the inspector concerned if that
person is not the same gender as the inspector concerned.
Expropriation
128.

(a)
(b)
(1) Notwithstanding anything to the contrary contained in any law
-
the holder of a telecommunications licence to which part 5 of Chapter

V applies;and
.
the holder of a broadcasting licence (except the Namibian Broadcasting
Corporation established by section 2 of the Namibian Broadcasting
Act, 1991 (Act No.9 of 1991)),

may, with the approval of the Cabinet and subject to such conditions as the Cabinet may
impose, by expropriation acquire any land or any right in, over or in respect of land as
the licensee may require, in the public interest, that is necessary for the rendering of
telecommunications or broadcasting services and to which part 5 do not apply.

(2) The Cabinet may under subsection (1) grant approval to a licensee only
if the Cabinet is satisfied, after considering a report by the Authority -
(a)
on reasonable terms, other than terms relating to compensation, by
agreement with the owner;
(b)
for the purposes of the undertaking proposed by the licensee and that
the undertaking cannot be performed by the use of infrastructure shared
with another licensee; and
that the licensee has been unable to acquire the land or right concernedthat the land or right concerned is reasonably required by the licensee
(c)
licensee.
(3) In order to report to the Cabinet on the matters referred to in paragraphs
(a), (b) and (c) of subsection (2), the Board must-
that it is in the public interest that the land or right be acquired by the
(a)
relevant to those matters; and
(b)
the owner concerned.
hold a public hearing to receive evidence and collect infOlmationgive at least 14 days' written notice of the hearing to the licensee and to
91

(4) At a hearing in terms of subsection (3), the owner may raise any
objection against the expropriation.
(5) Neither the Cabinet nor the Authority may make a finding regarding
compensation payable to the owner and, in the event of the licensee and owner failing
to reach agreement as to compensation, the compensation payable must be determined
in accordance with the provisions of the Expropriation Ordinance, 1978 (Ordinance 13
of 1978).
(6) If the Cabinet under subsection (1) grants approval for the expropriation
of any land or right, such expropriation must be effected by the licensee in accordance
with the provisions of sections 5 to 18 inclusive of the Expropriation Ordinance, 1978,
and in the application of those provisions any reference -

(a)
(b)

to "the Executive Committee" and to "the Administration" must be
construed as a reference to the licensee concerned; and

to "section 2" of that Ordinance must be construed as a reference to this
section.

(7) Nothing in this section affects the powers of the Namibian Broadcasting
Corporation to expropriate land referred to in section 23 of the Namibian Broadcasting
Act, 1991 (Act No.9 of 1991).

Regulations

(a)

(b)

129.
prescribing the forms and procedures for any application made to the
Authority;
regulating any matter relating to the operation of radio installations on
board ships within the territorial waters of Namibia and on aircraft in or
flying over Namibia;
(c)
with radio reception;
(d)
made, when licences are issued, when information or access to or
extracts from documents are provided or when any service is rendered
by the Authority or any thing is done by it;
(1) The Authority may make regulations -relating to the control and prevention of electrical or other interferenceprescribing the fees payable to the Authority when applications are
(e) prescribing any thing that is required to be prescribed by this Act;
(f) prescribing anything that is necessary or expedient to prescribe in order
to implement the provisions of this Act.

(2) Regulations made under this Act may prescribe penalties for the
contraventionof their provisionsor for the failure to comply with their provisions.
92

(3) Regulations made under this Act may impose duties on any person
which may be enforced in the manner provided for in section 116.
(4) Regulations made under this Act, may incorporate standards issued by
any standards organisation (whether an international organisation, or an organisation in
a particular country) by reference.
(5) Any standard incorporated as contemplated in subsection (4) may
incorporate such standard partly or in full and may incorporate it with such amendments
as are indicated in the regulations..
(6) Standards incorporated as contemplated in subsection (4), will form
part of the regulations concerned.
(7) Regulations incorporating standards as contemplated in section (4)
must only mention the organisation that issued the standard concerned and identify
the standard with the name or number given by the organisation concerned in the
regulations.
(8) The Authority must keep copies of all standards incorporated in
regulations and permit any person to inspect such standards during the prescribed hours
and must, subject to the copyright of the standards organisation concerned, permit any
person to make copies of parts or the whole of such standards, subject to the prescribed
fees.

National security

130.
is engaged or during a state of emergency declared under Article 26 of the Namibian
Constitution, the President may if in his or her opinion it is necessary for the national
defence and security, direct that such communications as may be essential to the national
defence and security will have preference or priority with any licensee or provider of
telecommunications services or owner of a network.
(2) The President may give instructions to licensees, providers of
telecommunications services or owners of networks for such time as the state of
emergency lasts as may be reasonably related to a direction given under subsection
(1).
(3) Holders of telecommunications service licences, other providers of
telecommunications services or owners of networks must receive just compensation for
any loss or damage caused by reason of complying with the directions of the President
and will not be held liable for any loss due to their compliance with the instructions of
the President.
(1) During the continuance of a declared war in which Namibia
Complaints by users

131.
relating to the quality of service rendered by any licensee or any other provider of
telecommunications services.
(1) Any user may lodge a complaint with the Authority
93

(2) The Authority must consider a complaint lodged in terms of subsection
(1) and may as a result of such complaint, take any action authorised by this Act.
(3) The Authority must inform the person who lodged a complaint in
terms of subsection (1) in the prescribed manner of the action taken as a result of the
complaint or if it has decided to take no action, of the reason for that decision.
Mediation proceedings
132. (1) Whenever this Act provides that a dispute between two parties
must be adjudicated by the Authority, the Authority may appoint any person to conduct
mediation proceedings in order to obtain a settlement of the dispute concerned.
(2) The Authority may make regulations to prescribe any matter relating to
the mediation proceedings provided for in subsection (1).
Act to bind State
133.
This Act binds the State.
Repeal and amendment of laws
134. (1) Subject to the provisions of this Act, the laws mentioned in the
Schedule are hereby repealed to the extent indicated in the third column thereof.
(2) Schedule 1 of the State-owned Enterprises Governance Act,
No.2 of 2006), is amended by the insertion after item 52 of the following item:
2006 (Act
"53. Communications Regulatory
Authority of Namibia
Communications Act,
2009
(Act No. of 2009)"

1ransitional provisions
135. (1) Any regulation or notice issued under a law repealed by section
133 that may be made under any provision of this Act, is deemed to have been made
under such provision.
(2) Any licence authorising a person to provide telecommunications
services or broadcasting services, or operate, construct or use an electronic
communications network issued under a law repealed by section 133 must be reviewed
and amended to comply with the provisions of this Act.
(3) Until the Authority has completed the review of a licence contemplated
in subsection (2), that licence remains valid and is deemed to be a licence issued in
terms of this Act.
(4) When the Authority reviews a licence, it may not change the period for
which the licence has originally been issued.
(5) Subject to subsection (6), any person lawfully providing
telecommunications or broadcasting services or operating, constructing or using an

electronic communications network without a licence on the date of commencement of
this Act, where such actions are required to be licensed under this Act, must apply within
six months from the date of commencement of this Act for such licence or licences as
may be required to comply with the provisions of this Act.

(6) If a licence to an applicant referred to in subsection (5) may not be
granted due to the fact that it is controlled by a person that is not a Namibian citizen or
that an insufficient percentage of its stock is held by Namibian citizens, the Authority
must refer that application to the Minister (together with its recommendation and the
submissions of the applicant) for ..theMinister to decide whether he or she will grant
such approval as may be required by this Act.
(7) After the Minister has made his or her decision as contemplated in
subsection (6), he or she must inform the Authority of his or her decision and the
Authority must inform the applicant accordingly and if the approval has been granted,
it must deal with the application in terms of this Act.
(8) Until the Authority informs the person contemplated in subsection
(5) or (7) of the decision concerned, that person may continue to render the services
concerned as if this Act were not yet in operation.
(9) After the period referred to in subsection (5) has elapsed, the rendering
of the services contemplated in that subsection by a person who failed to apply for a
licence as contemplated in that subsection, is no longer lawful.
(10) All applications for licences pending before the Namibian
Communications Commission established by section 2 ofthe Namibian Communications
Commission Act, 1992 (Act No.4 of 1992), on the date on which this Act comes into
operation must be dealt with by the Authority as if that application have been made
under this Act.
(11) The Authority must allow applicants to amend their applications to
comply with the provisions of this Act.

Short Title and Commencement

136.
into operation on a date determined by the Minister by notice in the
(1) This Act is called the Communications Act, 2009 and comesGazette.
(2) Different dates may be determined under subsection (1) for different
provisions of this Act.
(3) All steps that are necessary in order to appoint the members of the
Authority and the staff members of the Authority may be performed before this Act has
been put into operation.
(4) Any regulations that may be made under this Act, may be made before
this Act has been put into operation and any steps forming part of a rule-making
procedure may be taken before the relevant provision of this Act has been put into
operation.

Column 1 Column 2 Column 3
No. and year oflaw Title of law Extent of repeal
Act No.3 of 1952 Radio Act, 1952 The whole
Act No.68 of 1957 General Law Amendment Act, 1957 Section 42
Act No. 51 of 1962 The Radio Amendment Act, 1962 The whole
Act No. 90 of 1963 The Radio Amendment Act, 1963 The whole
Act No. 93 of 1969 The Radio Amendment Act, 1969 The whole
Act No. 50 of 1974 The Radio Amendment Act, 1974 The whole
Act No. 57 of 1975 The General Law Amendment Act, 1975 Section 14 to 21 inclusive
Act No.2 of 1978 Radio Amendment Act, 1978 The whole
Act No.9 of 1991 The Namibian Broadcasting Act, 1991 The item in the Schedule
relating to (Act No.3 of
1952)
Act No.4 of 1992 The Namibian Communications The whole
Commission Act, 1992
Act No. 17 of 1992 Posts and Telecommunications companies The item in the Schedule
Establishment Act, 1992 relating to Act NO.3 of
1952
Act No. 19 of 1992 Posts and Telecommunications Act, 1992 Chapter II, Chapter IV and
section 45
Act No.1 of 1995 The Namibian Communications The whole
Commission Amendment Act, 1995
Act No. 18 of 2000 The General Law Amendment Act, 2000 Section 4
Act No.4 of 2004 The Namibian Communications The whole
Commission Amendment Act, 2004

95
(5) The State may make any staff member in the public service available to
the Authority before the commencement of this Act, in order to assist the Authority with
the performance of any function.

SCHEDULE
(Section 134)

95
(5) The State may make any staff member in the public service available to
the Authority before the commencement of this Act, in order to assist the Authority with
the performance of any function.

SCHEDULE
(Section 134)

Competition Act, 2003

7.00 WINDHOEK - 24 April 2003 No.2964

GOVERNMENT GAZETTE

OF THE

REPUBLIC OF NAMIBIA

CONTENTS

Page

GOVERNMENT NOTICE

No. 92 Promulgation of Competition Act, 2003 (Act No. 2 of 2003), of the Parliament ... 1

_______________

OFFICE OF THE PRIME MINISTER

No. 92 2003

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. 2 of 2003: Competition Act, 2003.

_______________

Government Notice

Act No. 2, 2003

COMPETITION ACT, 2003

ACT

To safeguard and promote competition in the Namibian market; to establish the

Namibian Competition Commission and make provision for its powers, duties

and functions; and to provide for incidental matters.

(Signed by the President on 3 April 2003)

ARRANGEMENT OF SECTIONS

CHAPTER 1

PRELIMINARY PROVISIONS

Section

1. Definitions

2. Purpose of Act

3. Application of Act

CHAPTER 2

NAMIBIAN COMPETITION COMMISSION

4. Establishment of Commission

5. Constitution of Commission

6. Alternate members

7. Term of office

8. Vacation of office and filling of vacancies

9. Remuneration

10. Conduct of members and disclosure of interest

11. Meetings of Commission

12. Committees of Commission

13. Staff of Commission

14. Inspectors

15. Consultants

16. Functions, powers and duties of Commission

17. Funds of Commission

18. Bank accounts

19. Investment of money

20. Financial year, accounts and audit

21. Annual report

22. Power of Commission to make rules

CHAPTER 3

RESTRICTIVE BUSINESS PRACTICES

Part I

Restrictive Agreements, Practices and Decisions

23. Restrictive practices prohibited

Part II

Abuse of Dominant Position

24. Application of this Part

25. Criteria for determining dominant position

26. Abuse of dominant position

Act No. 2, 2003

COMPETITION ACT, 2003

Part III

Exemption of Certain Restrictive Practices

27. Grant of exemption for certain restrictive practices

28. Determination of application for exemption

29. Revocation or amendment of exemption

30. Exemption in respect of intellectual property rights

31. Exemption in respect of professional rules

32. Notification of grant, revocation or amendment of exemption

Part IV

Investigation Into Prohibited Practices

33. Investigation by Commission

34. Entry and search of premises

35. Power of Commission to take evidence

36. Proposed decision of Commission

37. Conference to be convened for oral representations

38. Action following investigation

39. Interim relief

40. Consent agreement

41. Publication of decision of Commission

CHAPTER 4

MERGERS

42. Merger defined

43. Control of mergers

44. Notice to be given to Commission of proposed merger

45. Period for making determination in relation to proposed merger

46. Conference in relation to proposed merger

47. Determination of proposed merger

48. Revocation of approval of proposed merger

49. Review of decisions of Commission on mergers by Minister

50. Compliance with other laws relating to mergers

51. Merger implemented in contravention of this Chapter

CHAPTER 5

JURISDICTION OF COURT

52. Jurisdiction of court

53. Pecuniary penalties

CHAPTER 6

GENERAL PROVISIONS

54. Civil actions and jurisdiction

55. Prohibition on disclosure of information

56. Disclosure of private interest by staff

57. Time within which investigation may be initiated

58. Limitation of liability

59. Standard of proof

CHAPTER 7

OFFENCES AND PENALTIES

60. Hindering administration of Act

61. Failure to comply with summons

62. Failure to comply with order of the Court

Act No. 2, 2003

COMPETITION ACT, 2003

63. Other offences

64. Penalties

65. Jurisdiction of magistrates’ courts

CHAPTER 8

APPLICATION OF THIS ACT AND OTHER LEGISLATION RELATING TO

COMPETITION

66. Definitions for this Part

67. Relationship with other authorities

CHAPTER 9

TRANSITIONAL

68. Transitional provisions

69. Repeal of laws

70. Short title and commencement

Schedule

BE IT ENACTED

by the Parliament of the Republic of Namibia as follows:-

CHAPTER 1

PRELIMINARY PROVISIONS

Definitions

1. In this Act, unless the context otherwise indicates -

“agreement” includes a contract, arrangement or understanding, whether or not legally

enforceable;

“chairperson” means the chairperson of the Commission appointed under section 5(1);

“Commission” means the Namibian Competition Commission established by section 4;

“committee” means a committee of the Commission established under section 12;

"concerted practice” means deliberate conjoint conduct between undertakings achieved

through direct or indirect contact that replaces their independent actions;

“confidential information” means trade, business or industrial information that belongs

to an undertaking, has a particular economic value and is not generally available to or

known by others;

“court” means the High Court of Namibia;

“goods” does not include -

(a) agricultural commodities which have not undergone a process of

manufacture; and

(b) goods exempted under section 3(1)(c);

“historically disadvantaged persons” means persons who have been socially, economically

or educationally disadvantaged by past discriminatory laws or practices;

“member” means a member of the Commission appointed under section 5(1);

Act No. 2, 2003

COMPETITION ACT, 2003

“Minister” means the Minister of Trade and Industry;

“Ministry” means the Ministry of Trade and Industry;

“Part I prohibition” means the prohibition imposed by Part I of Chapter 3;

“Part II prohibition” means the prohibition imposed by Part II of Chapter 3;

“premises” includes land, any building, structure, vehicle, vessel, aircraft or container;

“prescribed” means prescribed by a rule made under section 22;

“Secretary” means the Secretary to the Commission appointed in terms of section 13(1);

“services” does not include -

(a) the performance of work under a contract of service; and

(b) services exempted under section 3(1)(c);

“small undertaking” means an undertaking which falls within a category prescribed;

“this Act” includes the rules made under section 22;

“undertaking” means any business carried on for gain or reward by an individual, a body

corporate, an unincorporated body of persons or a trust in the production, supply or

distribution of goods or the provision of any service.

Purpose of Act

competition in Namibia in order to -

(a) promote the efficiency, adaptability and development of the Namibian

economy;

(b) provide consumers with competitive prices and product choices;

Namibians;

(d) expand opportunities for Namibian participation in world markets while

recognizing the role of foreign competition in Namibia;

(e) ensure that small undertakings have an equitable opportunity to participate

in the Namibian economy; and

(f) promote a greater spread of ownership, in particular to increase ownership

stakes of historically disadvantaged persons.

The purpose of this Act is to enhance the promotion and safeguarding of

Application of Act

an effect in Namibia, except -

(a) collective bargaining activities or collective agreements negotiated or

concluded in terms of the Labour Act, 1992 (Act No. 6 of 1992);

(b) concerted conduct designed to achieve a non-commercial socio-economic

objective;

. (1) This Act applies to all economic activity within Namibia or having

Act No. 2, 2003

COMPETITION ACT, 2003

the Commission, declares, by notice in the

provisions of this Act.

(2) This Act binds the State in so far as the State engages in trade or business

for the production, supply or distribution of goods or the provision of any service, but

the State is not subject to any provision relating to criminal liability.

(3) This Act applies to the activities of statutory bodies, except in so far as

those activities are authorised by any law.

Gazette, to be exempt from the

CHAPTER 2

NAMIBIAN COMPETITION COMMISSION

Establishment of Commission

Competition Commission, which -

(a) has jurisdiction throughout Namibia;

(b) is independent and subject only to the Namibian Constitution and the law;

and

prejudice.

There is established a juristic person to be known as the Namibian

Constitution of Commission

more than four other members all of whom are appointed by the Minister.

(2) When appointing members of the Commission the Minister must select

persons who, in the opinion of the Minister, have expertise in industry, commerce,

economics, law, accountancy, public administration or consumer affairs.

(1) The Commission consists of a chairperson and not less than two nor

Alternate members

of the member.

(2) The alternate to a member may, in the event of the member’s absence from

a meeting of the Commission, attend the meeting in the capacity of a member.

(1) The Minister may appoint for each member a person to be the alternate

Term of office

eligible for reappointment at the expiration of that term, but a member may not hold

office for more than two consecutive terms.

Subject to section 8, a member holds office for a term of three years, and is

Vacation of office and filling of vacancies

(a) is convicted of an offence and sentenced to imprisonment without the option

of a fine;

(b) resigns his or her office by giving the Minister one month’s notice in writing

of his or her intention to resign;

(1) A member vacates his or her office, if the member -

Act No. 2, 2003

COMPETITION ACT, 2003

leave of the Commission; or

(d) is removed from office by the Minister under subsection (2).

(2) The Minister may, by notice in writing, remove a member from office if the

Minister, after giving the member a reasonable opportunity to be heard, is satisfied that

the member -

(a) has failed to comply with any obligation imposed by section 10;

(b) is guilty of neglect of duty or misconduct; or

or mental illness.

(3) If the office of a member becomes vacant, the vacancy must be filled by the

appointment of another person as member for the unexpired portion of the term of office

of the person who ceased to hold office.

Remuneration

not members of the Commission, must be paid such remuneration or allowances or other

benefits as the Minister, with the concurrence of the Minister of Finance, may determine.

The members of the Commission, and members of a committee who are

Conduct of members and disclosure of interest

10.

(a) engage in an activity that may undermine the integrity of the Commission;

(b) participate in any investigation or decision concerning a matter in respect

of which the member has a financial or other personal interest; or

functions as a member to obtain, directly or indirectly, a financial or other

advantage for himself or herself or any other person.

(2) Every member of the Commission must in writing disclose to the Minister

any direct or indirect financial interest which the member has or acquires in any business

carried on in Namibia or elsewhere or in any body corporate carrying on any business in

Namibia or elsewhere.

(3) A member who has or acquires any financial or other personal interest,

either directly or indirectly, in any matter which is before the Commission for discussion

and determination must -

(a) immediately and fully disclose the interest to the Commission; and

(b) withdraw from any further discussion or determination by the Commission

of that matter.

(1) A member of the Commission may not -

Meetings of Commission

11.

that the chairperson determines and any meeting of the Commission thereafter must be

held at a place and time that the Commission determines.

(1) The first meeting of the Commission must be held at a place and time

Act No. 2, 2003

COMPETITION ACT, 2003

(2) If for any reason a meeting determined by the Commission cannot take

place, the Secretary, with the concurrence of the chairperson, must convene the next

meeting of the Commission.

(3) The chairperson may at any time convene a special meeting of the

Commission.

(4) The chairperson presides at all meetings of the Commission at which he or

she is present.

(5) In the absence of the chairperson from a meeting, the members present

must elect one of their number to preside at that meeting and perform the functions and

exercise the powers of the chairperson.

(6) At a meeting of the Commission -

(a) a majority of the members of the Commission forms a quorum;

(b) all questions are decided by a majority of votes of the members present and

voting; and

of votes, also a casting vote.

(7) The Commission may invite any person who has expert knowledge of a

matter before the Commission for determination to attend a meeting of the Commission

and take part in discussions in relation to that matter, but such person has no vote.

(8) As soon as possible after a meeting of the Commission has taken place, the

chairperson must cause a copy of the minutes of that meeting to be submitted to the

Minister.

Committees of Commission

12.

(a) investigate and report to the Commission on any matter which the

Commission may refer to the committee for the purpose; or

(b) exercise any power or perform any function of the Commission which the

Commission may delegate or assign to the committee, except the power

under section 22 to make rules.

(2) A committee may consist of members, or members and other persons, as

the Commission may determine.

(3) The Commission must designate a member to be the chairperson of a

committee.

(4) The chairperson of the Commission may attend any meeting of a committee

of which he or she is not a member and may take part in the proceedings thereof as if he

or she were appointed as a member thereof.

(5) The Commission may at any time dissolve or reconstitute a committee.

(6) The Commission is not divested or relieved of a power or function which

has been delegated or assigned to a committee.

(1) The Commission may establish one or more committees to -

Act No. 2, 2003

COMPETITION ACT, 2003

(7) A decision by a committee in the exercise of a power delegated to the

committee, is subject to approval by the Commission, and the Commission may at any

time vary or set aside the decision.

(8) Subsections (1) and (3) of section 10, with the changes required by the

context, apply to members of a committee who are not members of the Commission.

Staff of Commission

13.

may appoint other employees as it deems necessary to assist in the performance of the

functions of the Commission.

(2) The Secretary is, subject to the directions of the Commission, responsible

for -

(a) the formation and development of an efficient administration; and

(b) the organisation, control, management and discipline of the staff of the

Commission.

(3) Unless the Commission or a committee directs otherwise, the Secretary

must attend the meetings of the Commission and of a committee, but the Secretary has

no vote.

(4) The Commission determines the remuneration and other conditions of

services and benefits of the Secretary and other employees of the Commission.

(1) The Commission must appoint a Secretary to the Commission and

Inspectors

14.

(a) designate any of its employees; or

(b) appoint any other suitable person,

to be an inspector for the purposes of this Act.

(2) The Commission determines the remuneration and other conditions of

engagement of an inspector who is not in the full-time service of the Commission.

(1) The Commission may -

Consultants

15.

for, the Commission on such terms and conditions of engagement as the Commission

may determine.

The Commission may engage persons to give advice to, and perform services

Functions, powers and duties of Commission

16.

enforcement of this Act and, in addition to any other functions conferred on the

Commission, it has the following powers and functions:

(a) to disseminate information to persons engaged in trade or commerce and

the public with respect to the provisions of this Act and the functions of the

Commission;

(1) The Commission is responsible for the administration and

Act No. 2, 2003

COMPETITION ACT, 2003

(b) to liaise and exchange information, knowledge and expertise with authorities

of other countries entrusted with functions similar to those of the

Commission;

(d) to advise the Minister on matters referred to the Commission by the Minister;

(e) to implement measures to increase market transparency;

(f) to be responsible for investigating contraventions of this Act by undertakings

and for controlling mergers between undertakings;

(g) either on its own initiative, or at the request of the Minister, to consult with

the Minister on any matter which is of great economic or public interest;

(h) to advise the Minister, and any other Minister responsible for a relevant

industry, in relation to international agreements concerning competition

matters governed by this Act.

(2) The Commission may -

(a) acquire or hire such movable or immovable property as may be required for

the effective performance of its functions, and dispose of property so acquired

or hired; and

(b) enter into contracts in connection with the performance of its functions.

Funds of Commission

17.

(a) money appropriated by Parliament for the purposes of the Commission;

(b) fees payable to the Commission in terms of this Act;

and

(d) interest derived from the investment of funds of the Commission.

(2) The Commission must submit to the Minister annually, at a time determined

by the Minister, a statement of the Commission's estimated income and expenditure, and

requested appropriation from Parliament, for its next financial year.

(3) Expenditure incurred for the performance of the functions of the

Commission, including remuneration, allowances or other benefits payable to members

or other persons, must be defrayed from the funds of the Commission.

(4) The Secretary is the accounting officer of the Commission and is responsible

for -

(a) all income and expenditure of the Commission; and

(b) all assets and the discharging of all liabilities of the Commission.

(1) The funds of the Commission consist of -

Act No. 2, 2003

COMPETITION ACT, 2003

Bank accounts

18.

or more banking institutions in Namibia, registered in terms of the Banking Institutions

Act, 1998 (Act No. 2 of 1998) as are necessary for the performance of the functions of

the Commission.

(2) The Commission must ensure that -

(a) all money received by or on behalf of the Commission is deposited into its

bank account as soon as practicable after being received;

(b) any payment by or on behalf of the Commission is made from its bank

account; and

the Commission’s authority.

(3) Cheques drawn on the Commission’s bank account, or any other form or

document to be completed for the withdrawal, payment or transfer of money from any of

the bank accounts of the Commission, must be signed on the Commission's behalf by

two persons authorised for that purpose by the Commission.

(1) The Commission must open and maintain such bank accounts at one

Investment of money

19.

expenditure by the Commission may be invested at a banking institution referred to in

section 18(1) or a building society registered in terms of the Building Societies Act,

1986 (Act No. 2 of 1986).

Any money of the Commission that is not immediately required for

Financial year, accounts and audit

20.

(2) The Commission must cause such records of account to be kept in accordance

with general accepted accounting practices, principles and procedures as are necessary

to represent fairly the state of affairs and business of the Commission and to explain the

transactions and financial position of the Commission.

(3) Not later than three months after the end of each financial year of the

Commission, the Secretary must prepare and submit to the Commission for approval,

financial statements, comprising -

(a) a statement reflecting, with suitable and sufficient particulars, the income

and expenditure of the Commission during that financial year; and

(b) a balance sheet showing the state of the Commission's assets, liabilities and

financial position as at the end of that financial year.

(4) The accounting records and the financial statements of the Commission

must be audited annually by the Auditor-General.

(1) The financial year of the Commission is as prescribed.

Annual report

21.

activities within six months of the end of each financial year, or such longer period as the

Minister may determine, which report must be accompanied by -

(1) The Commission must submit to the Minister an annual report of its

Act No. 2, 2003

COMPETITION ACT, 2003

(a) the audited financial statements of the Commission for that financial year;

and

(b) the auditor's report relating to those financial statements.

(2) The Minister must lay upon the Table of the National Assembly the annual

report and financial statements submitted to the Minister in terms of subsection (1) within

30 days from the date of their receipt or, if the National Assembly is not then in ordinary

session, within 14 days after the commencement of its next ordinary session.

(3) The Commission must, if the Minister at any time so requires, furnish to the

Minister a report and particulars relating to the performance of the functions of the

Commission in relation to any matter as the Minister may require.

Power of Commission to make rules

22.

notice in the

(a) relating to the administration, organization and operations of the

Commission;

(b) prescribing the procedure to be followed in respect of applications and notices

to, and proceedings of, the Commission;

required for the purposes of this Act;

(d) prescribing fees to be paid for the purposes of this Act;

(e) the manner for making a submission in relation to the subject matter of any

application to, or investigation by, the Commission;

(f) prescribing the procedures for investigations under this Act;

(g) prescribing the requirements for a small undertaking;

(h) relating to any other matter which is required or permitted to be prescribed

under this Act, or considered necessary or expedient by the Commission in

order to achieve the objects of this Act.

The Commission, with the approval of the Minister, may make rules byGazette -

CHAPTER 3

RESTRICTIVE BUSINESS PRACTICES

Part I

Restrictive Agreements, Practices and Decisions

Restrictive practices prohibited

23.

undertakings or concerted practices by undertakings which have as their object or effect

the prevention or substantial lessening of competition in trade in any goods or services in

Namibia, or a part of Namibia, are prohibited, unless they are exempt in accordance with

the provisions of Part III of this Chapter.

(2) Agreements and concerted practices contemplated in subsection (1), include

agreements concluded between -

(1) Agreements between undertakings, decisions by associations of

Act No. 2, 2003

COMPETITION ACT, 2003

(a) parties in a horizontal relationship, being undertakings trading in

competition; or

(b) parties in a vertical relationship, being an undertaking and its suppliers or

customers or both.

(3) Without prejudice to the generality of the provisions of subsection (1), that

subsection applies in particular to any agreement, decision or concerted practice which -

(a) directly or indirectly fixes purchase or selling prices or any other trading

conditions;

(b) divides markets by allocating customers, suppliers, areas or specific types

of goods or services;

(d) involves a practice of minimum resale price maintenance;

(e) limits or controls production, market outlets or access, technical development

or investment;

(f) applies dissimilar conditions to equivalent transactions with other trading

parties, thereby placing them at a competitive disadvantage;

(g) makes the conclusion of contracts subject to acceptance by other parties of

supplementary conditions which by their nature or according to commercial

usage have no connection with the subject of the contracts.

(4) Paragraph (d) of subsection (3) does not prevent a supplier or producer of

goods or services from recommending a resale price to a reseller of the goods or a provider

of the service, provided -

(a) it is expressly stipulated by the supplier or producer to the reseller or provider

that the recommended price is not binding; and

(b) if any product, or any document or thing relating to any product or service,

bears a price affixed or applied by the supplier or producer, the words

“recommended price“ appear next to the price so affixed or applied.

(5) It is presumed that an agreement or a concerted practice of the nature

prohibited by subsection (1) exists between two or more undertakings if -

(a) any one of the undertakings owns a significant interest in the other or they

have at least one director or one substantial shareholder in common; and

(b) any combination of the undertakings engages in any of the practices

mentioned in subsection (3).

(6) The presumption created by subsection (5) may be rebutted if an undertaking

or a director or shareholder concerned establishes that a reasonable basis exists to conclude

that any practice in which any of the undertakings engaged was a normal commercial

response to conditions prevailing in the market.

(7) For the purposes of subsection (5), “director” includes -

(a) a director of a company as defined in the Companies Act, 1973 (Act No. 61

of 1973);

Act No. 2, 2003

COMPETITION ACT, 2003

(b) a member of a close corporation as defined in the Close Corporations Act,

1988 (Act No. 26 of 1988);

(d) in relation to an undertaking conducted by an individual or a partnership,

the owner of the undertaking or a partner of the partnership.

(8) Subsection (1) does not apply in respect of an agreement entered into

between, or a practice engaged in by -

(a) a company and its wholly owned subsidiary, as contemplated in section 1

of the Companies Act, 1973, or a wholly owned subsidiary of that subsidiary

company; or

(b) undertakings other than companies, each of which is owned or controlled

by the same person or persons.

Part II

Abuse of Dominant Position

Application of this Part

24.

Commission, must determine by notice in the Gazette in relation to undertakings in

Namibia, either in general or in relation to a specific industry -

(a) a threshold of annual turnover or value of assets below which this Part does

not apply to an undertaking;

(b) the method for calculating an undertaking’s annual turnover or value of

assets for the purposes of paragraph (a).

For the purposes of this Part, the Minister, with the concurrence of the

Criteria for determining dominant position

25.

applied for determining whether an undertaking has, or two or more undertakings have,

a dominant position in a market, which may be based on any factors which the Commission

considers appropriate.

For the purposes of this Part, the Commission must prescribe criteria to be

Abuse of dominant position

26.

to the abuse of a dominant position in a market in Namibia, or a part of Namibia, is

prohibited.

(2) Without prejudice to the generality of subsection (1), abuse of a dominant

position includes -

(a) directly or indirectly imposing unfair purchase or selling prices or other

unfair trading conditions;

(b) limiting or restricting production, market outlets or market access,

investment, technical development or technological progress;

parties; and

(1) Any conduct on the part of one or more undertakings which amounts

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COMPETITION ACT, 2003

(d) making the conclusion of contracts subject to acceptance by other parties of

supplementary conditions which by their nature or according to commercial

usage have no connection with the subject-matter of the contracts.

Part III

Exemption of Certain Restrictive Practices

Grant of exemption for certain restrictive practices

27.

Commission to be exempted from the provisions of Part I or Part II of this Chapter in

respect of -

(a) any agreement or category of agreements;

(b) any decision or category of decisions;

(2) An application for an exemption under subsection (1) must -

(a) be made in the prescribed form and manner;

(b) be accompanied by such information as may be prescribed or as the

Commission may reasonably require.

(3) The Commission must give notice in the

in terms of subsection (1) -

(a) indicating the nature of the exemption sought by the applicant; and

(b) calling upon interested persons to submit to the Commission, within 30

days of the publication of the notice, any written representations that they

may wish to make in regard to the application.

(1) Any undertaking or association of undertakings may apply to theGazette of an application received

Determination of application for exemption

28.

representations submitted by interested persons, the Commission must make a

determination in respect of the application, and may -

(a) grant an exemption; or

(b) refuse to grant an exemption, accompanied by a statement of the reasons

for the refusal; or

facts in its possession, the agreement, decision or concerted practice or the

category of agreements, decisions or concerted practices does not constitute

an infringement of the Part I or the Part II prohibition.

(2) The Commission may grant an exemption if the Commission is satisfied

that there are exceptional and compelling reasons of public policy why the particular -

(a) agreement or category of agreements;

(b) decision or category of decisions; or

(1) After consideration of an application in terms of section 27 and any

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COMPETITION ACT, 2003

ought to be excluded from the Part I or the Part II prohibition.

(3) In making a decision under subsection (2) the Commission must take into

account the extent to which the agreement, decision or concerted practice, or the category

of agreements, decisions or concerted practices concerned contributes to or results in, or

will be likely to contribute to or result in -

(a) maintaining or promoting exports;

(b) enabling small undertakings owned or controlled by historically

disadvantaged persons, to become competitive;

or the provision of services;

(d) promoting technical or economic progress or stability in any industry

designated by the Minister, after consultation with the Minister responsible

for that industry;

(e) obtaining a benefit for the public which outweighs or would outweigh the

lessening in competition that would result, or would be likely to result,

from the agreement, decision or concerted practice or the category of

agreements, decisions or concerted practices.

(4) The Commission may grant an exemption subject to such conditions and

for such period as the Commission may think fit.

Revocation or amendment of exemption

29.

issued a certificate of clearance under section 28, is satisfied that -

(a) the exemption was granted or the certificate of clearance was issued on

materially incorrect or misleading information;

(b) there has been a material change of circumstances since the exemption was

granted or the certificate was issued;

with,

the Commission may revoke or amend the exemption or revoke the certificate of clearance,

as the case may be.

(2) If the Commission proposes to revoke or amend an exemption or to revoke

a certificate of clearance under subsection (1), it must -

(a) give notice in writing of the proposed action to the person to whom the

exemption was granted or the certificate of clearance was issued, and to

any other person who in the opinion of the Commission is likely to have an

interest in the matter; and

(b) call upon such persons to submit to the Commission, within 30 days of the

receipt of the notice, any representations which they may wish to make in

regard to the proposed action.

(1) If the Commission, at any time after it has granted an exemption or

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COMPETITION ACT, 2003

(3) In the event of non-compliance with a condition of an exemption, and

irrespective whether the Commission revokes or amends the exemption on account of

the non-compliance, the Commission may make application to the Court for the imposition

of a pecuniary penalty in respect of that non-compliance, either with or without any

other order.

Exemption in respect of intellectual property rights

the Commission may determine, grant an exemption in relation to any agreement or

practice relating to the exercise of any right or interest acquired or protected in terms of

any law relating to copyright, patents, designs, trade marks, plant varieties or any other

intellectual property rights.

(2) Section 29, with the changes required by the context, applies to an exemption

under this section.

. (1) The Commission may, upon application, and on such conditions as

Exemption in respect of professional rules

31.

the effect of preventing or substantially lessening competition in a market may apply in

the prescribed manner to the Commission for an exemption in terms of subsection (2).

(2) The Commission may exempt all or part of the rules of a professional

association from the provisions of Part I of this Chapter for a specified period if, having

regard to internationally applied norms, any restriction contained in those rules that has

the effect of preventing or substantially lessening competition in a market is reasonably

required to maintain -

(a) professional standards; or

(b) the ordinary function of the profession.

(3) Upon receiving an application in terms of subsection (1), the Commission

must -

(a) publish a notice of the application in the

(b) allow interested parties 30 days from the date of that notice to make

representations concerning the application; and

the profession concerning the application.

(4) After considering the application and any submission or other information

received in relation to the application, and consulting with the responsible Minister, the

Commission must -

(a) either grant an exemption or reject the application by issuing a notice in

writing to the applicant;

(b) give written reasons for its decision if it rejects the application; and

(5) If the Commission considers that any rules, either wholly or any part thereof,

should no longer be exempt under this section, the Commission, may revoke the exemption

in respect of such rules or the relevant part of the rules, at any time after it has -

(1) A professional association whose rules contain a restriction that hasGazette;Gazette.

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COMPETITION ACT, 2003

(a) given notice in the

(b) allowed interested parties 30 days from the date of that notice to make

representations concerning the exemption; and

(6) The exemption of a rule or the revocation of an exemption has effect from

such date as may be specified by the Commission.

(7) In this section -

“professional association” means the controlling body established by or registered under

any law in respect of the following professions, and includes any other association which

the Commission is satisfied represents the interests of members of any of the following

professions:

(a) accountants and auditors;

(b) architects;

(d) estate agents;

(e) legal practitioners;

(f) quantity surveyors;

(g) surveyors;

(h) town and regional planners;

(i) health services professions governed by -

(i) the Medical and Dental Professions Act, 1993 (Act No. 21 of 1993);

(ii) the Nursing Professions Act, 1993 (Act No. 30 of 1993);

(iii) the Pharmacy Profession Act, 1993 (Act No. 23 of 1993);

(iv) the Veterinary and Para-veterinary Professions Proclamation, 1984

(Proclamation No. 14 of 1984);

(v) the Allied Health Services Professions Act, 1993 (Act No. 20 of 1993);

(j) any other profession to which the provisions of this section have been

declared applicable by the Minister by notice in the

“rules” means rules regulating a professional association that are binding on its members,

and includes codes of practice and statements of principle.

Gazette of the proposed revocation;Gazette;

Notification of grant, revocation or amendment of exemption

32.

The Commission must as soon as is practicable cause to be published in the

Gazette

provision of this Part.

notice of every exemption granted, and of every exemption revoked under any

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Part IV

Investigation Into Prohibited Practices

Investigation by Commission

33.

information or a complaint from any person, start an investigation into any conduct or

proposed conduct which is alleged to constitute or may constitute an infringement of -

(a) the Part I prohibition; or

(b) the Part II prohibition.

(2) If the Commission, having received from any person a complaint or a request

to investigate an alleged infringement referred to in subsection (1), decides not to conduct

an investigation, the Commission must in writing inform that person of the reasons for

its decision.

(3) If the Commission decides to conduct an investigation, the Commission

must in writing give notice of the proposed investigation to every undertaking the conduct

of which is to be investigated and must in the notice -

(a) indicate the subject-matter and purpose of the investigation; and

(b) invite the undertaking concerned to submit to the Commission, within a

period specified in the notice, any representations which the undertaking

may wish to make to the Commission in connection with any matter to be

investigated.

(4) For the purpose of an investigation, the Commission may by notice in writing

served on any person in the prescribed manner require that person -

(a) to furnish to the Commission by writing signed by that person or, in the

case of a body corporate, by a director or member or other competent officer,

employee or agent of the body corporate, within the time and in the manner

specified in the notice, any information pertaining to any matter specified

in the notice which the Commission considers relevant to the investigation;

(b) to produce to the Commission, or to a person specified in the notice to act

on the Commission’s behalf, any document or article, specified in the notice

which relates to any matter which the Commission considers relevant to the

investigation;

to give evidence or to produce any document or article specified in the

notice.

(1) The Commission may, either on its own initiative or upon receipt of

Entry and search of premises

34.

whether any undertaking has engaged in or is engaging or is about to engage in conduct

that constitutes or may constitute an infringement of the Part I or the Part II prohibition,

an inspector may -

(a) enter upon and search any premises;

(b) search any person on the premises if there are reasonable grounds for

believing that the person has personal possession of any document or article

that has a bearing on the investigation;

(1) For the purpose of assisting the Commission to ascertain or establish

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COMPETITION ACT, 2003

on the investigation;

(d) request any information about any document or article from -

(i) the owner of the premises;

(ii) the person in control of the premises;

(iii) any person who has control of the document or article; or

(iv) any other person who may have the information;

(e) take extracts from, or make copies of, any book or document found on the

premises that has a bearing on the investigation;

(f) use any computer system on the premises, or require assistance of any person

on the premises to use that computer system, to -

(i) search any data contained in or available to that computer system;

(ii) reproduce any record from that data; and

(iii) seize any output from that computer for examination and copying;

and

(g) attach and, if necessary, remove from the premises for examination and

safekeeping anything that has a bearing on the investigation.

(2) Subject to subsection (8), an inspector may not enter upon and search any

premises unless the inspector obtains a warrant authorising such entry and search in

accordance with subsection (3).

(3) If a judge of the Court is satisfied, upon application made on oath or

affirmation, that there is reasonable ground for believing that it is necessary, in order to

ascertain or establish whether any person has engaged in or is engaging or is about to

engage in conduct that constitutes or may constitute an infringement of the Part I or the

Part II prohibition, for an inspector to exercise the powers conferred by subsection (1),

the judge may grant a warrant authorising an inspector to exercise those powers in relation

to any premises specified in the warrant.

(4) A warrant must -

(a) identify the premises that may be entered and searched; and

(b) authorise an inspector named in the warrant to enter and search the premises

and exercise any of the powers conferred by subsection (1).

(5) A warrant continues in force for a period of 30 days from the date it is

issued but lapses if -

(a) the purpose for which it was granted is satisfied; or

(b) it is cancelled by the judge by whom it was issued or by any other judge of

the Court.

(6) A warrant may be executed on any day between 7:00 and 18:00 unless a

different time that is reasonable in the circumstances is authorised and specified in the

warrant by the judge granting the warrant.

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COMPETITION ACT, 2003

(7) Upon first entering any premises under a warrant the person authorised by

the warrant must -

(a) provide to the owner or person in control of the premises proof of -

(i) his or her authority to enter the premises by handing a copy of the

warrant to that person; and

(ii) his or her identity; or

(b) if none of the persons mentioned in paragraph (a) is present, affix a copy of

the warrant to the premises in a prominent and visible place.

(8) Notwithstanding subsection (2), an inspector may without a warrant enter

any premises, other than a private dwelling, to exercise the powers conferred by subsection

(1) if -

(a) the owner, or any other person in control of the premises consents to the

entry and search of the premises; or

(b) the inspector on reasonable grounds believes -

(i) that a warrant would be issued under subsection (3) if applied for;

and

(ii) that the delay in obtaining a warrant would defeat the object of the

entry and search.

(9) An inspector who removes anything from any premises under subsection

(1)(g) must -

(a) issue a receipt for that thing to the owner of, or person in control of, the

premises; and

(b) return that thing as soon as practicable after achieving the purpose for which

it was removed.

(10) An inspector exercising the powers conferred by subsection (1) by virtue of

a warrant or in terms of subsection (8) may be accompanied and be assisted by one or

more police officers.

Power of Commission to take evidence

35.

information or matter that may in its opinion assist to deal effectively with an investigation

conducted by it, whether or not such statement, document, information or matter would

otherwise be admissible in a court of law.

(2) The Commission may take evidence on oath or affirmation from any person

attending before it, and for that purpose any member of the Commission may administer

an oath or affirmation.

(3) The Commission may permit any person appearing as a witness before it to

give evidence by tendering and, if the Commission thinks fit, verifying by oath or

affirmation, a written statement.

(4) A person attending before the Commission is entitled to the same immunities

and privileges as a witness before the High Court.

(1) The Commission may receive in evidence any statement, document,

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Proposed decision of Commission

36.

make a decision -

(a) that the Part I prohibition has been infringed; or

(b) that the Part II prohibition has been infringed,

it must give written notice of its proposed decision to each undertaking which may be

affected by that decision.

(2) The notice referred to in subsection (1) must -

(a) state the reasons for the Commission’s proposed decision;

(b) set out details of any relief that the Commission may consider to seek from

the Court by way of the institution of proceedings in accordance with section

38;

decision or any of the matters contemplated in paragraph (b), within the

period specified in the notice -

(i) submit written representations to the Commission; and

(ii) indicate whether it requires an opportunity to make oral

representations to the Commission.

(1) If, upon conclusion of an investigation, the Commission proposes to

Conference to be convened for oral representations

37.

that it requires an opportunity to make oral representations to the Commission, the

Commission must -

(a) convene a conference to be held at a date, time and place determined by the

Commission; and

(b) give written notice of the date, time and place to -

(i) the undertaking or undertakings concerned;

(ii) any person who had lodged a complaint with the Commission

concerning the conduct which was the subject-matter of the

Commission’s investigation; and

(iii) any other person whose presence at the conference is considered by

the Commission to be desirable.

(2) A person to whom notice has been given of a conference in terms of

subsection (1) may be accompanied by any person whose assistance at the conference is

required by the person to whom notice has been given.

(3) At a conference the Commission must provide for as little formality and

technicality as a proper consideration of the matters raised by persons participating in

the conference permits.

(1) If an undertaking indicates in accordance with section 36(2)(c)(ii)

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COMPETITION ACT, 2003

(4) The Commission must cause such record of the conference to be kept as is

sufficient to set out the matters raised by the persons participating in the conference.

(5) The Commission may terminate the conference if it is satisfied that a

reasonable opportunity has been given for the expression of the views of persons

participating in the conference.

Action following investigation

38.

36(2)(c)(i) and of any matters raised at a conference held in accordance with section 37,

the Commission may institute proceedings in the Court against the undertaking or

undertakings concerned for an order -

(a) declaring the conduct which is the subject matter of the Commission’s

investigation, to constitute an infringement of the Part I or the Part II

prohibition;

(b) restraining the undertaking or undertakings from engaging in that conduct;

to remedy or reverse the infringement or the effects thereof;

(d) imposing a pecuniary penalty; or

(e) granting any other appropriate relief.

After consideration of any written representations made in terms of section

Interim relief

39.

has engaged, is engaging, or is proposing to engage, in conduct that constitutes or may

constitute an infringement of the Part I or the Part II prohibition and that it is necessary

for the Commission to act as a matter of urgency for the purpose -

(a) of preventing serious, irreparable damage to any person or category of

persons; or

(b) of protecting the public interest,

the Commission may make application to the Court for an interim order restraining the

undertaking or undertakings from engaging in such conduct.

(2) In proceedings under this section, the standard of proof is the same as the

standard of proof in the Court on a common law application for an interim interdict.

(3) An interim order granted by the Court pursuant to subsection (1) is of effect

until -

(a) conclusion of any proceedings instituted in terms of section 38; or

(b) expiry of the period of six months beginning on the date of issue of the

interim order,

whichever is the earlier.

(4) Notwithstanding subsection (3), if a hearing in connection with proceedings

instituted in terms of section 38 is not concluded within six months after the date of an

interim order, the Court may, on good cause shown, extend the interim order for a further

period not exceeding six months.

(1) If the Commission on reasonable grounds believes that an undertaking

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COMPETITION ACT, 2003

(5) An undertaking affected by an interim order that has a final or irreversible

effect may appeal to the Supreme Court against that order.

Consent agreement

40.

into an alleged infringement of the Part I or the Part II prohibition, enter into an agreement

of settlement with the undertaking or undertakings concerned setting out the terms to be

submitted by the Commission by application to the Court for confirmation as an order of

the Court.

(2) An agreement referred to in subsection (1) may include -

(a) with the consent of any person who submitted a complaint to the Commission

in relation to the alleged infringement, an award of damages to the

complainant;

(b) any amount proposed to be imposed as a pecuniary penalty.

(3) After hearing a motion for confirmation of an agreement referred to in

subsection (1) as an order of the Court, the Court may -

(a) make the order as agreed to and proposed by the Commission and the

undertaking or undertakings concerned;

(b) indicate any changes that must be made in the draft order before it will

make the order; or

(1) The Commission may at any time, during or after an investigation

Publication of decision of Commission

41.

action to be taken under section 38 and of any consent agreement referred to in section

40 to be submitted to the Court for confirmation as an order of the Court.

(2) The notice referred to in subsection (1) must include -

(a) the name of every undertaking involved; and

(b) the nature of the conduct that is the subject of the action or the consent

agreement.

(1) The Commission must cause notice to be given in the Gazette of any

CHAPTER 4

MERGERS

Merger defined

42.

undertakings directly or indirectly acquire or establish direct or indirect control over the

whole or part of the business of another undertaking.

(2) A merger contemplated in subsection (1) may be achieved in any manner,

including -

(a) purchase or lease of shares, an interest, or assets of the other undertaking in

question; or

(b) amalgamation or other combination with the other undertaking.

(1) For the purposes of this Chapter, a merger occurs when one or more

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COMPETITION ACT, 2003

(3) A person controls an undertaking if that person -

(a) beneficially owns more than one half of the issued share capital of the

undertaking;

(b) is entitled to vote a majority of the votes that may be cast at a general meeting

of the undertaking, or has the ability to control the voting of a majority of

those votes, either directly or through a controlled entity of that undertaking;

of the undertaking;

(d) is a holding company, and the undertaking is a subsidiary of that company

as contemplated in the Companies Act, 1973 (Act No. 61 of 1973);

(e) in the case of the undertaking being a trust, has the ability to control the

majority of the votes of the trustees or to appoint the majority of the trustees

or to appoint or change the majority of the beneficiaries of the trust;

(f) in the case of the undertaking being a close corporation, owns the majority

of the members’ interest or controls directly or has the right to control the

majority of members’ votes in the close corporation; or

(g) has the ability to materially influence the policy of the undertaking in a

manner comparable to a person who, in ordinary commercial practice, can

exercise an element of control referred to in paragraphs (a) to (f).

Control of mergers

43.

class which the Minister, with the concurrence of the Commission, has determined and

specified by notice in the

(2) The Minister may under subsection (1) determine a class or classes of

proposed mergers on any basis which the Minister considers appropriate, including with

reference to -

(a) the aggregate value of the assets of the parties to the proposed merger, or

the value of the assets of any one or more of them;

(b) the aggregate turnover over a specified period of the parties to the proposed

merger, or the turnover of any one or more of them;

(d) the number of parties involved in the proposed merger.

(3) No person, either individually or jointly or in concert with any other person,

may implement a proposed merger to which this part applies, unless -

(a) the proposed merger is -

(i) approved by the Commission in accordance with the provisions of

this Chapter; and

(ii) implemented in accordance with any conditions attached to the

approval; or

(1) This Chapter applies to every proposed merger not falling within aGazette to be excluded from the provisions of this Chapter.

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COMPETITION ACT, 2003

(b) the relevant period referred to in paragraph (a), (b) or (c) of subsection (1),

or subsection (2), of section 45, as the case may be, has elapsed without the

Commission having made a determination in relation to the proposed merger.

Notice to be given to Commission of proposed merger

44.

notify the Commission of the proposal in the prescribed manner.

(2) If, after receipt of a notification in terms of subsection (1), the Commission

is of the opinion that in order to consider the proposed merger it requires further

information, it may, within 30 days of the date of receipt of the notification, request such

further information in writing from any one or more of the undertakings concerned.

(1) Where a merger is proposed each of the undertakings involved must

Period for making determination in relation to proposed merger

45.

determination in relation to a proposed merger of which it has received notification in

terms of section 44(1) -

(a) within 30 days after the date on which the Commission receives that

notification; or

(b) if the Commission requests further information under section 44(2), within

30 days after the date of receipt by the Commission of the information; or

after the date of conclusion of the conference.

(2) If the Commission is of the opinion that the period referred to in paragraph

(a), (b) or (c) of subsection (1) should be extended due to the complexity of the issues

involved it may, before expiry of that period, by notice in writing to the undertakings

involved extend the relevant period for a further period, not exceeding 60 days, specified

in the notice.

(1) Subject to subsection (2), the Commission must consider and make a

Conference in relation to proposed merger

46.

conference be held in relation to a proposed merger.

(2) If the Commission determines that a conference must be held it must, before

expiry of the period referred to in paragraph (a) or (b) of subsection (1) of section 45 or

subsection (2) of that section, as the case may be, give reasonable notice to the undertakings

involved in writing -

(a) convening the conference;

(b) specifying the date, time and place for the holding thereof; and

(1) If the Commission considers it appropriate it may determine that a

Determination of proposed merger

47.

Commission may either -

(a) give approval for the implementation of the merger; or

(b) decline to give approval for the implementation of the merger.

(1) In making a determination in relation to a proposed merger the

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COMPETITION ACT, 2003

(2) The Commission may base its determination of a proposed merger on any

criteria which it considers relevant to the circumstances involved in the proposed merger,

including -

(a) the extent to which the proposed merger would be likely to prevent or lessen

competition or to restrict trade or the provision of any service or to endanger

the continuity of supplies or services;

(b) the extent to which the proposed merger would be likely to result in any

undertaking, including an undertaking not involved as a party in the proposed

merger, acquiring a dominant position in a market or strengthening a

dominant position in a market;

to the public which would outweigh any detriment which would be likely to

result from any undertaking, including an undertaking not involved as a

party in the proposed merger, acquiring a dominant position in a market or

strengthening a dominant position in a market;

(d) the extent to which the proposed merger would be likely to affect a particular

industrial sector or region;

(e) the extent to which the proposed merger would be likely to affect

employment;

(f) the extent to which the proposed merger would be likely to affect the ability

of small undertakings, in particular small undertakings owned or controlled

by historically disadvantaged persons, to gain access to or to be competitive

in any market;

(g) the extent to which the proposed merger would be likely to affect the ability

of national industries to compete in international markets;

(h) any benefits likely to be derived from the proposed merger relating to

research and development, technical efficiency, increased production,

efficient distribution of goods or provision of services and access to markets.

(3) For the purpose of considering a proposed merger the Commission may

refer the particulars of the proposed merger to an inspector for investigation and a report

in relation to the criteria referred to in subsection (2), and must inform the undertakings

involved of such referral.

(4) As soon as practicable after a referral in terms of subsection (3), the inspector

concerned must -

(a) investigate the proposal so referred; and

(b) before the date specified by the Commission, furnish the Commission with

a report of the investigation.

(5) Any person, including a person not involved as a party in the proposed

merger, may voluntarily submit to an inspector or the Commission any document, affidavit,

statement or other relevant information in respect of a proposed merger.

(6) The Commission may give approval for the implementation of a proposed

merger on such conditions as the Commission may consider appropriate.

(7) The Commission must -

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COMPETITION ACT, 2003

(a) give notice of the determination made by the Commission in relation to a

proposed merger -

(i) to the parties involved in the proposed merger, in writing; and

(ii) by notice in the

(b) issue written reasons for its determination -

(i) if it prohibits or conditionally approves a proposed merger; or

(ii) if it is requested to do so by any party to the merger.

Gazette; and

Revocation of approval of proposed merger

48.

representations made to it in terms of subsection (2), revoke a decision approving the

implementation of a proposed merger if -

(a) the decision was based on materially incorrect or misleading information

for which a party to the merger is responsible; or

(b) any condition attached to the approval of the merger that is material to the

implementation is not complied with.

(2) If the Commission proposes to revoke its decision under subsection (1), it

must -

(a) give notice in writing of the proposed action to every undertaking involved

in the merger, and to any other person who in the opinion of the Commission

is likely to have an interest in the matter; and

(b) call upon such persons to submit to the Commission, within 30 days of the

receipt of the notice, any representations which they may wish to make in

regard to the proposed action.

(1) The Commission may at any time, after consideration of any

Review of decisions of Commission on mergers by Minister

49.

Gazette in terms of section 47(7) of the determination made by the Commission in relation

to a proposed merger, a party to the merger may make application to the Minister, in the

form determined by the Minister, to review the Commission’s decision.

(2) Within 30 days after receiving an application in terms of subsection (1), the

Minister must by notice in the

(a) give notice of the application for a review; and

(b) invite interested parties to make submissions to the Minister in regard to

any matter to be reviewed within the time and manner stipulated in the

notice.

(3) Within 4 months after the date that an application for a review was made,

the Minister must make a determination either -

(a) overturning the decision of the Commission;

(b) amending the decision of the Commission by ordering restrictions or

including conditions; or

(1) Not later than 30 days after notice is given by the Commission in theGazette -

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COMPETITION ACT, 2003

(4) The Minister must -

(a) give notice of the determination made by the Minister in relation to the

review -

(i) to the Commission and to the parties involved in the proposed merger,

in writing; and

(ii) by notice in the

(b) issue written reasons for that determination to the Commission and the parties

involved.

(5) The Minister may determine the procedure for a review in terms of this

section.

Gazette; and

Compliance with other laws relating to mergers

50.

Minister upon a review, under this Chapter -

(a) does not relieve an undertaking from complying with any other law which

requires that the sanction of the Court be obtained for the merger;

(b) is not binding on the Court.

Approval of a proposed merger granted by the Commission, or by the

Merger implemented in contravention of this Chapter

51.

provisions of this Chapter, the Commission may make application to the Court for -

(a) an interdict restraining the parties involved from implementing the merger;

(b) an order directing any party to the merger to sell or dispose of in any other

specified manner, any shares, interest or other assets it has acquired pursuant

to the merger;

merger was subject;

(d) the imposition of a pecuniary penalty.

If a merger is being, or has been, implemented in contravention of the

CHAPTER 5

JURISDICTION OF COURT

Jurisdiction of court

52.

to hear and determine any matter arising from proceedings instituted in terms of this Act.

Without prejudice to the powers vested in the Court, the Court has jurisdiction

Pecuniary penalties

53.

(a) for contravention of the Part I or the Part II prohibition;

(1) The Court may impose a pecuniary penalty -

Act No. 2, 2003

COMPETITION ACT, 2003

(b) for contravention of, or non-compliance with, a condition attached to an

exemption granted under Part III of Chapter 3;

(d) for the implementation of a merger to which Chapter 4 is applicable -

(i) without the approval of the Commission as required by that Chapter;

(ii) in contravention of a decision of the Commission prohibiting the

merger under that Chapter; or

(iIi) in a manner contrary to a condition under which approval for the

merger was given by the Commission under that Chapter.

(2) A pecuniary penalty may be imposed under subsection (1) for any amount

which the Court considers appropriate, but not exceeding 10 per cent of the global turnover

of the undertaking during its preceding financial year.

(3) In determining an appropriate penalty, the court must have regard to all

relevant matters concerning the contravention, including -

(a) the nature, duration, gravity and extent thereof;

(b) the nature and extent of any loss or damage suffered by any person as a

result thereof;

(d) the market circumstances in which it took place;

(e) the level of profit derived therefrom;

(f) the degree to which the undertaking involved has co-operated with the

Commission and the Court; and

(g) whether the undertaking has previously been found by the Court to have

engaged in conduct in contravention of this Act.

(4) An order imposing a pecuniary penalty, including a pecuniary penalty arising

from a consent agreement confirmed as an order of the Court in accordance with section

40, has the effect of, and may be executed as if it were, a civil judgment granted by the

Court in favour of the Government of Namibia.

(5) A pecuniary penalty payable in terms of this Act must be paid into the State

Revenue Fund.

CHAPTER 6

GENERAL PROVISIONS

Civil actions and jurisdiction

54.

the Part I or the Part II prohibition may not commence an action in any court for an

award of damages or for the assessment of damages if that person has been awarded

damages in a consent agreement confirmed in accordance with section 40.

(1) A person who has suffered damage as a result of an infringement of

Act No. 2, 2003

COMPETITION ACT, 2003

(2) If a person who has not been awarded damages in a consent agreement

contemplated in subsection (1) institutes proceedings in a court for an award of damages

allegedly suffered as a result of an infringement of the Part I or the Part II prohibition,

that person must file with the Registrar of the Court or the Clerk of the Court a notice

from the chairperson of the Commission in the prescribed form certifying, either -

(a) that the conduct on which the action is based has been found by the Court,

following proceedings instituted by the Commission in terms of section 38,

to be an infringement of the Part I or the Part II prohibition, and stating the

date of that finding; or

(b) that a consent agreement was confirmed in accordance with section 40 in

relation to the conduct on which the action is based, and that no award for

damages is provided for in that agreement for the benefit of the plaintiff,

and stating the reasons therefor; or

IV of Chapter 3 into the conduct on which the action is based, the

Commission has decided not to take any action contemplated in section 38,

and stating the reasons for the Commission’s decision; or

(d) that the Commission, having received a complaint or a request to investigate

an alleged infringement of the Part I or the Part II prohibition in respect of

the conduct on which the action is based, has in terms of section 33(2)

decided not to conduct an investigation, and stating the reasons for the

Commission’s decision.

Prohibition on disclosure of information

55.

other employee of the Commission and any other person required or permitted to be

present at any meeting of the Commission or of a committee or at any investigation in

terms of this Act, may not publish or communicate or in any other way disclose any

information relating to the affairs of any person or undertaking that has come to such

person’s knowledge -

(a) in the exercise of any power or performance of any duty or function under

this Act; or

(b) as a result of such person’s attendance at such meeting or investigation.

(2) Subsection (1) does not apply to information disclosed -

(a) for the purpose of the proper administration or enforcement of this Act;

(b) for the proper administration of justice; or

to receive the information.

(1) A member of the Commission or of a committee, the Secretary, any

Disclosure of private interest by staff

56.

Commission who has a financial or other personal interest in any matter which is the

subject of an investigation by the Commission -

(a) must disclose that interest to the chairperson; and

(1) The Secretary, an inspector or any other person employed by the

Act No. 2, 2003

COMPETITION ACT, 2003

(b) unless the Commission otherwise directs, may not participate or assist in

the investigation of that matter.

(2) The Secretary, an inspector or any other person employed by the Commission

may not use any confidential information obtained in the performance of their functions

to obtain, directly or indirectly, a financial or other advantage for himself or herself or

any other person.

Time within which investigation may be initiated

57.

prohibition may not be initiated after three years from the date the infringement has

ceased.

An investigation into an alleged infringement of the Part I or the Part II

Limitation of liability

58.

the Commission or any other person engaged by the Commission in connection with any

function of the Commission is liable in respect of anything done in good faith in terms of

this Act.

Neither the Commission nor any member, the Secretary, any employee of

Standard of proof

59.

section 39(2) or criminal proceedings, the standard of proof is on a balance of probabilities.

In any proceedings in terms of this Act, other than proceedings in terms of

CHAPTER 7

OFFENCES AND PENALTIES

Hindering administration of Act

60.

influences any person who is exercising a power or performing a duty conferred or imposed

on that person by this Act.

A person commits an offence who hinders, opposes, obstructs or unduly

Failure to comply with summons

61.

(a) having been duly summoned to attend before the Commission, without

reasonable excuse fails to do so; or

(b) being in attendance as required -

(i) refuses to take an oath or affirmation lawfully required by the

Commission;

(ii) refuses, after having taken the oath or an affirmation, to answer any

question to which the Commission may lawfully require an answer

or gives evidence which the person knows is false;

(iii) fails to produce any document or thing in his or her possession or

under his or her control lawfully required by the Commission to be

produced to it.

A person commits an offence who -

Failure to comply with order of Court

62.

interim or final order of the Court given in terms of this Act.

A person commits an offence who contravenes or fails to comply with an

Act No. 2, 2003

COMPETITION ACT, 2003

Other offences

63.

(a) does anything calculated to improperly influence the Commission or any

member concerning any matter connected with the exercise of any power

or the performance of any function of the Commission;

(b) anticipates any decision of the Commission concerning an investigation in

a way that is calculated to influence the proceedings or decision;

contempt of court had the proceedings occurred in a court of law;

(d) knowingly provides false information to the Commission;

(e) defames a member in his or her official capacity;

(f) contravenes section 10(1) or (3);

(g) contravenes section 55;

(h) contravenes section 56.

A person commits an offence who -

Penalties

64.

(a) in the case of a contravention of section 62, to a fine not exceeding

N$500 000 or to imprisonment for a period not exceeding 10 years, or to

both a fine and imprisonment;

(b) in the case of a contravention of section 55, to a fine not exceeding

N$50 000 or to imprisonment for a period not exceeding three years, or to

both a fine and imprisonment; or

a period not exceeding one year, or to both a fine and imprisonment.

A person convicted of an offence in terms of this Act, is liable -

Jurisdiction of magistrates’ courts

65.

any penalty provided for in section 64.

Notwithstanding any other law, a magistrate’s court has jurisdiction to impose

CHAPTER 8

APPLICATION OF THIS ACT AND OTHER LEGISLATION RELATING TO

COMPETITION

Definitions for this Chapter

66.

(a) “public regulation” means any law, or any licence tariff, directive or similar

authorisation issued by a regulating authority or pursuant to any statutory

authority; and

(b) “regulating authority” means an entity established by or under any law which

is responsible for regulating an industry or sector of an industry.

(1) In this section -

Act No. 2, 2003

COMPETITION ACT, 2003

Relationship with other authorities

67.

jurisdiction in respect of any conduct regulated in terms of Chapter 3 or 4 within a

particular sector, the Commission and that authority -

(a) must negotiate an agreement to co-ordinate and harmonise the exercise of

jurisdiction over competition matters within the relevant industry or sector

and to secure the consistent application of the principles of this Act; and

(b) in respect of a particular matter within their jurisdictions, may exercise

jurisdiction by way of such an agreement.

(2) In addition to the matters contemplated in paragraph (a) of subsection (1),

an agreement in terms of that subsection must -

(a) identify and establish procedures for the management of areas of concurrent

jurisdiction;

(b) promote co-operation between the regulatory authority and the Commission;

and

information.

(3) An agreement referred to in subsection (1) must be published in the

(1) If a regulatory authority, in terms of any public regulation, hasGazette.

CHAPTER 9

TRANSITIONAL

Transitional provisions

68.

longer period as the Minister may determine by notice in the Gazette, and, if an application

for exemption under section 27 is submitted to the Commission within that period, until

the Commission takes a decision on that application, the Part I prohibition does not

apply to any agreement, decision or concerted practice in existence on that date which is

of a nature contemplated by the Part I prohibition.

(2) If, during the period between the publication of this Act in the Gazette and

the date of its commencement, a transaction is concluded whereby a merger is effected

to which Chapter 4 of this Act would have applied had the transaction been concluded

after the date of commencement, such merger is regarded for a period of 12 months from

the date of commencement to be a merger implemented in contravention of that Chapter,

unless the parties to the merger, within three months of the date of commencement of

this Act, notify the Commission of the transaction in terms of section 44 as if it were a

proposed merger.

(3) Subject to subsection (4), the provisions of Chapter 4, with the changes

required by the context, apply to a merger that is notified to the Commission in terms of

subsection (2).

(4) The provisions of section 51 do not apply to a transaction referred to in

subsection (2) until -

(a) the period of three months referred to in that subsection expires without

notification of the transaction in accordance with the subsection; or

(1) For twelve months after the date this Act comes into force, or such

Act No. 2, 2003

COMPETITION ACT, 2003

(b) if notification of the transaction is given in accordance with that subsection,

a determination in relation to the merger is made by the Commission pursuant

to subsection (3).

Repeal of laws

69.

(a) the Regulation of Monopolistic Conditions Act, 1955 (Act No. 24 of 1955);

(b) the Regulation of Monopolistic Conditions Amendment Act, 1958 (Act No.

14 of 1958);

48 of 1975); and

(d) the Regulation of Monopolistic Conditions Amendment Act, 1976 (Act No.

23 of 1976)

The following laws are repealed:

Short title and commencement

70.

on a date to be determined by the Minister by notice in the

(2) Different dates may be determined under subsection (1) in respect of different

provisions of this Act.

__________________

(1) This Act is called the Competition Act, 2003, and comes into operationGazette.

Namibia High Court Cases

A 182/2007 - LEON GAVEN vs GOVERNMENT OF THE REPUBLIC OF NAMIBIA

CASE NO.: A 182/2007

IN THE HIGH COURT OF NAMIBA

In the matter between:

LEON GAVEN

Applicant
GOVERNMENT OF THE REPUBLIC OF NAMIBIA
1st Respondent
THE PROSECUTOR-GENERAL
2nd Respondent
THE ATTORNEY-GENERAL AND MINISTER OF JUSTICE
3rd Respondent
CORAM: PARKER, J

Heard on: 2007 July 20
Delivered on: 2007 July 20
_____________________________________________________________________

JUDGMENT
PARKER, J:

[1] The present application was launched on an urgent basis and served on counsel for
the respondents and filed with the Court at about 08h00 today, i.e. the day of the hearing of
the application. Be that as it may, both counsel for the respondents were able to make oral
2
submissions from the bar. I note that the unsigned Notice filed with the Court the previous
day did not have para. (4) where the applicant prays for damages.
[2] The applicant prays for an order in the following terms, that the Court:
1. Condones applicant’s non-compliance with the Rules of this Honourable
Court and that this matter be dealt with as one of urgency in terms of Rule 6
(12).
2. That the Respondent be called upon to show cause on a date to be
determined by this Court why:
2.1 The current prevailing conditions at the Windhoek Police cells
should not be declared to be in conflict with Article 8 (1) and 8 (2)
(b) of the Constitution of the Republic of Namibia.
2.2 The Applicant should not be released forthwith from his detention,
alternatively granted bail.
2.3 It should not be ordered to pay the costs of this application on an
attorney and own client scale.
3. That relief sought in paragraph 2.2 to operate as an interim order pending
the finalisation of this matter.
3
4. Payment of damages as envisaged in terms of Article 25 (4) of the
Constitution of the Republic of Namibia in the amount of N$50 000,00.
5. Cost of suit.
6. Further and/or alternative relief.
[3] Counsel for the respondents oppose the granting of the application. Both counsel
submit that in their view the matter is not urgent. Mr Small, for the 2
submitted that the last day for the hearing of the bail application in the lower court was
Tuesday, 17 July, and the applicant ought to have brought a mandamus application to
compel the learned magistrate to give her decision on the applicant’s bail application
immediately since she announced that she would give her decision on Monday 23 July
2007. It must be borne in mind that Mr Mostert who represents the applicant in this
application also represented the applicant in the bail application in the lower court. I agree
with the respondents’ counsel that the urgency has been created by the applicant. That
being the case, I think he must not benefit from his own creation.
[4] Besides, what the applicant prays for in para. 2.2 of his Notice of Motion can be
taken care of by the alternative prayer thereto, namely to be granted bail. But a bail
application has already been fully argued in the lower court, as I have mentioned above;
and the applicant was represented at the bail application by counsel, and the
pronouncement of the decision of the learned magistrate is less than one court day away. I
think it would be wrong in the extreme for this Court to grant the prayer in para. 2.2.
fortiori
satisfactory remedy available to the applicant. Indeed, the applicant has already pursued
4
the alternative remedy in the court below and a decision is to be made on Monday, 23 July
2007, as I have said. If the applicant is aggrieved by the learned magistrate’s decision, he
is entitled to appeal to this Court against that decision.
[5] Has the applicant made out a case for the relief sought? Mrs Machaka, for the 1
nd respondent,A, it cannot be said that if this Court does not grant that prayer, there is no otherst
and 3
applicant’s prayers generate genuine or real disputes of fact. That being the case, I do not
think I should be tempted to settle the disputes of fact solely on the probabilities emerging
from the affidavits without giving due consideration to the advantages of oral evidence and
grant the relief sought, which includes an order for damages. [See Erasmus,
Court Practice
[6] For instance, the Ombudsman’s Report annexed to the applicant’s papers, which
appears to be the applicant’s talisman, was compiled by the Honourable Ombudsman and
submitted to the Honourable Speaker of the National Assembly pursuant to s. 6 (1) of the
Ombudsman Act, 1990 (Act 7 of 1990), as appears in the applicant’s own papers. As I
understand it, the Report is an enclosure to a communication between two constitutional
institutions; and the purpose is for the Honourable Speaker to table the Report before the
National Assembly. There is no evidence that the Report is in the public domain or that
the official who has custody of it or who has control over it has authorized its production in
these proceedings. Besides, as Mr Small submitted, the Report was made in November
2006, there is no credible evidence before this Court tending to show whether or not the
shortcomings in the Report have been rectified.
5
[7] All these considerations compel and propel me to the inexorable conclusion that the
application cannot succeed. I note that counsel for the respondents did not ask for costs if
the application was refused.
[8] But that is not the end of the matter. Mr Mostert proposed an alternative relief in
his submission, should the application fail, namely, that the Court should order that the
applicant be moved to what he termed “a safe place”. Mr Small submitted that he has no
objection to the submission, save that he still opposed the applicant’s affidavit evidence
that the prevailing conditions at Windhoek Police cells are in a deplorable condition. He
said he would not object to an order that the applicant be placed in the Police cells at
Windhoek Airport Police Station until the decision of the learned magistrate respecting the
applicant’s bail application is made. I think it is a reasonable request, seeing the
concession by Mr Small.
[9] In the result, I make the following orders:
(1) The applicant’s application is dismissed.
(2) I make no order as to costs.
(3) The relevant authorities should remove the applicant from his present cell
and place him in a cell at the Windhoek Airport Police Station until the
decision of the learned magistrate on his bail application is pronounced.
_________________________
6
Parker, J
7
rd respondents, and Mr Small submit that the applicant has not. For starters, theSuperior: p B1-49 and the cases there cited.]
ON BEHALF OF THE APPLICANT
Instructed by: The Legal Assistance Centre
Adv C Mostert
ON BEHALF OF THE 1
AND 3
Instructed by: The Government-Attorney
ST RESPONDENTRD RESPONDENT Ms Machaka
ON BEHALF OF THE 2
Instructed by: The Prosecutor-General
ND RESPONDENT: Adv D Small
and

Namibian Constitution

Parliament Of Namibia

Overview

Parliament is a neutral place where legislators meet to talk, discuss and consult frankly with each other on political, social and economic issues and their legal implications to society. It consists of elected and, or nominated representatives responsible for making and changing laws of the country.

Namibia has passed from an era in which the law making processes were communal, and through colonial rule where laws and administrative decisionmaking were totally in the hands of the colonising countries.

The country went through a struggle for liberation which culminated in its Independence in 1990, when a parliament that is truly representative of the Namibian people was established, based on the results of general elections. However, the traditional law making process that was suppressed during the colonial period survived and the result of this historical development is the two legal systems namely, customary and statutory laws that exist side by side in Namibia today.

Pre-Colonial Period

The common names of traditional institutions of law making were /abe-/haos in Khoekhoegowab (Damara/Nama) , Oshoongalelo in Oshiwambo, Ombungarero in Otjiherero, Kgotla in Setswana, Khuta in Silozi, to name but a few . These earlier councils existed and functioned on the basis of the society’s demands and needs. Their main functions were to lay down the basic rules for sharing resources, demarcating boundaries, fostering neighbourhood relations, negotiating peace treaties and overseeing system of beliefs, including taboos.

According to the Councils of Khoe-Khoe group debates on normative related issues, war and peace, migration and ratification of treaties were carried out by the Council.

But, important political and administrative matters were often referred to a General People’s Assembly. Such structures were not limited to Khoe-Khoen, as oral sources maintained that similar trends existed within other communities in Namibia.

Some of the Traditional Councils were headed by the Chief, Captain or King. Besides, the Captain, King or Chief, the Council was the second component of government. There were also the Councils of Elders which acted as checks and balances on the despotism of the chief, king or captain and their Councils. It is recorded that in some communities the Council threatened their Captain with demotion because of alcoholic behaviour and in other circumstances he was given a good hiding. Sometimes the Captain or King was completely sidelined by his councilors.

Meetings of the Council usually took place under a tree near the Captain, King or Chief’s house. The members of the Traditional Council sat in a circle during their meetings. The Captain, Chief or King always opened and chaired the meetings.

The person having the floor stood up and went to speak in the middle of the circle.

During a meeting , the most senior people usually spoke last, particularly the Captain, King or Chief who usually joined the majority. Only adult married men were allowed to be members of the Council. It should also be mentioned that those who did not hold office were allowed to attend Council meetings and they usually sat outside the circle of the Council members. They were allowed to participate in the debate but not in the decision making. Women and children attended at a greater distance from the Council meeting. The Council was also the supreme court of law among the communities .

It had the double function of passing laws and administering justice. According to oral sources , there was an unlimited freedom of speech and duration of speeches. A general People’s Assembly meeting could last for days or even weeks.

German Colonial Period

Namibia was colonised by the Germans from 1884 until 1915, when it lost the colony as a result of defeat in the First World War. During this period the territory was renamed German South West Africa and German law was applicable in the territory. While the German Government created a settler parliament (the Landesrat), without any representation of the colonised people, it did not have legislative authority. Its function was merely to make recommendations on legislative and administrative matters to the Emperor, the Colonial Ministry and to the Governor.

South Africa Colonial Period

In 1915 , Namibia was conquered by South Africa which later succeeded to obtain the League of Nation’s mandate over it. South Africans imposed a military government which ruled by decree. As from 1920 , South Africa begun its colonial activities under the Mandate. South African laws were made applicable to Namibia, and while the colonial power again established a settler parliament (the ‘Legislative Assembly’), in 1926. This body, contrary to its name did not have any legislative power, and Namibians remained excluded.

When the National Party took over power in South Africa 1948, it proceeded to implement different phases of the apartheid policy in Namibia, and even tried annexing Namibia as a fifth province to South Africa. As this policy met with growing internal and international resistance, the strategy changed to various attempts to create a pseudo-independent state under continued South African control.

To this end, various ‘constitutional conferences’, ‘parliaments’ and ‘ governments’ were installed which had one thing in common, that is, they were neither legitimised by free general elections, nor had their decisive power to rule the country. The supreme authority remained in the hands of an Administrator-General appointed by the South African government.

Namibia's Independence

Namibia’s Independence came through a long struggle for liberation by the Namibian people organised through SWAPO and supported by the international community. As from April 1989 , the United Nations Resolution 435 of 1978 was finally implemented paving the way for elections to create the Constituent Assembly.

The UN Transition Assistance Group (UNTAG) supervised the nation’s first free and fair elections, leading to independence. During the transitional period, the South African Administrator General continued to govern the country, but had to work closely with the Special Representative of the United Nations Secretary-General to ensure an orderly transition to independence.

Before the elections, each political party that wanted to participate for leadership had to be registered. This made it recognised by the electoral authorities as an official political party. Each official political party drew up a list of members whom it nominated as candidates for the Constituent Assembly. This list was also submitted to the electoral authority. In November 1989, the first ever general elections took place in Namibia.

Registered voters cast their secret ballots, directly voting for the party of their choice. The number of votes each party received determined the number of seats that party secured in the Constituent Assembly, i.e. the number of its representatives. SWAPO won a majority of 41 seats, followed by DTA 21, UDF 4, ACN3, NPF 1, FCN 1 and NNF 1 in the Constituent Assembly.

Constituent Assembly

In the Assembly led by representatives from SWAPO, all the citizens were represented by those parties whom they voted for in the first general elections. The Constituent Assembly :

(i) Drafted the Constitution of the Republic of Namibia and adopted it on the 9th February 1990;

(ii) Determined the date of Independence as the 21 March 1990;

(iii) Elected the President, His Excellency Dr. Sam Nujoma.

The President appointed the Ministers who formed the first Cabinet.

The Chairperson of the Constituent Assembly, Hon. Hage Gaingob, was nominated by the President as the Prime Minister.

The Constituent Assembly Members with some changes by the resignations and the addition of six non voting Members nominated by the President, constituted the first National Assembly.

The voting Members of the National Assembly elected amongst them Hon. Dr. Mose P. Tjitendero as the Speaker and Hon. Dr. Zephania Kameeta as the Deputy Speaker.

After decades of oppression, war and several years of endless negotiations, Namibian had at last taken control of their country’s destiny and the Republic of Namibia was born on the 21 March 1990.

Constitutional Provision of the Namibian Government

The Government of the Republic of Namibia is formed in terms of the Namibian Constitution. A Bill of Fundamental Rights and Freedoms is the basis of the Constitution.

The Constitution lays down the division of powers of the state between the Executive, Legislature, and the Judiciary.

The Executive is responsible for running the day-to-day affairs of the country.

Ministers supervise the activities of the different Government Ministries, formulate and explain the actions of the Government to the National Assembly and the public in areas such as, foreign policy, international trade agreements and the annual budget. Government Ministers are appointed from Members of the National Assembly, whereas Deputy Ministers can be appointed from either Chamber. They are both required to attend meetings of their House and inform it about their various activities.

The Executive is headed by the President who is assisted by the Cabinet. The President is elected by direct popular vote for a term of five years and he can be re-elected for a second term of office. However, the first President of independent Namibia was elected by the Constituent Assembly. A number of statutory policy bodies advise the President on relevant matters of the state.

These include the Judicial Service Commission and the National Planning Commission. As established by the Local Authority Act, Act 23 of 1992, decentralisation of the state is further extended to the local and regional authorities that consist of freely elected Regional Councils and Town Councils that function as local units of government. For the utilisation and control of communal land the President is assisted by a Council of Traditional Leaders.

The Legislature is the law making body and allocates money needed by the executive for its various services and exercise control over the government. The system of legislature is bicameral consisting of two houses: the 72 voting member National Assembly, elected for a term of five years on the basis of proportional representation, plus an additional six nonvoting members appointed by the president. The National Council was formed in accordance with chapter eight of the Namibian Constitution, on February 1993, after the regional elections held in November 1992.

The Regional Councils Act, Act 22 of 1992 is a result of the Constitutional provision. The National Council consist of 26-members, elected for a term of six years, from each of the 13 geographic Regions. The National Council reviews bills passed by the National Assembly and recommends legislation on matters of regional concern for submission to and consideration by the National Assembly. Article 63 and 74 of the Constitution of the Republic of Namibia clearly outlines the wide ranging functions and powers of the two Houses of Parliament.

The Constitution furthermore empowers Parliament to establish a Namibian Police and Defence Force, the commanders of which are appointed by the President. The Police Act (Act 20 of 1990), to amend the Defence Act (Act 44 of 1957) are the result of the Constitutional provision.

The Judiciary of Namibia is independent body and subject only to the Constitution and the law.

A Supreme Court, a High Court and a number of Magistrate and Lower Courts throughout Namibia share the judicial power. To guard all fundamental rights, the Constitution furthermore provides for the appointment, on recommendations of the Judicial Service Commission, of an Ombudsman to report to the National Assembly on his/her activities in investigating any irregularity or violation of fundamental rights by an organ of state or a private institution. The Constitution further enables the Ombudsman to take action by remedying situations in contravention of the law, by investigation and prosecution.

Coming to Terms with the Past

Namibia emerged out of a past riddled with successive cycles of conquest, subjecting the country and its people to the worst social, political and economic injustice. The country has been in constant struggle with its conquerors. The population was divided between black and white. The war tore the society further apart. This history could not be brushed away overnight. In the Constituent Assembly, Namibian people from different social, political and economic groupings came together for the first time in Namibian history to draft and adopt the Namibian Constitution. It was a historic moment, when representatives of all Namibian interest came together to act as a Nation and to determine the future of Namibia.

‘’We had to sit together on one table, in one room and to decide on Namibia’s Constitution with our former enemies. Each one of us was expected to contribute productively to the making of Namibia’s Constitution. In order for us to work together as a team, as a Nation, we had to reconcile with one another. It was a very hard experience, but it is very rewarding to see the result of our work. The constitution of the republic of Namibia, is hailed world wide , for its democratic outlook and gender sensitivity": (Hon. Witbooi, Member of the Constituent Assembly).

He added: "Although I was free to think, the Constituent Assembly was a frightening experience. We were to decide on the future of the Nation, and with every decision we took, we were required to think beyond our individuality, constituency, and ethnicity in order to come up with something Namibian". (Other members of the Constituent Assembly that were interviewed shared to opinions of Hon. Witbooi).

On 9 February 1990, Namibia’s Constitution was unanimously adopted by the 72 members of the Constituent Assembly. The adoption of the Constitution and the attainment of independence brought about a final and peaceful settlement to a protracted international dispute in which Angola, Cuba, South Africa, the Western five an the Soviet Union were directly involved.

The Parliament of the Republic of Namibia, unlike those that existed during the colonial period, is the principal legislative authority in and over Namibia. It is empowered by the Constitution to make and change laws, to maintain law and order, and to ensure good governance of the country in the best interest of the Namibian people.

The Constitution of The Republic of Namibia

Namibian Constitution Chapter 01 The Republic

CHAPTER 1

The Republic
Article 1 - Establishment of the Republic of Namibia and Identification of its Territory
(1)
The Republic of Namibia is hereby established as a sovereign, secular, democratic and unitary State founded upon the principles of democracy, the rule of law and justice for all.
(2)
All power shall vest in the people of Namibia who shall exercise their sovereignty through the democratic institutions of the State.
(3)
The main organs of the State shall be the Executive, the Legislature and the Judiciary.
(4)
The national territory of Namibia shall consist of the whole of the territory recognised by the international community through the organs of the United Nations as Namibia, including the enclave, harbour and port of Walvis Bay, as well as the off-shore islands of Namibia, and its southern boundary shall extend to the middle of the Orange River.
(5)
Windhoek shall be the seat of central Government
(6)
This Constitution shall be the Supreme Law of Namibia.
Article 2 - National Symbols
(1)
Namibia shall have a National Flag, the description of which is set out in Schedule 6 hereof.
(2)
Namibia shall have a National Coat of Arms, a National Anthem and a National Seal to be determined by Act of Parliament, which shall require a two-thirds majority of all the members of the National Assembly for adoption and amendment.
(3)
(a)
The National Seal of the Republic of Namibia shall show the Coat of Arms circumscribed with the word "NAMIBIA" and the motto of the country, which shall be determined by Act of Parliament as aforesaid.

(b)
The National Seal shall be in the custody of the President or such person whom the President may designate for such purpose and shall be used on such official documents as the President may determine.
Article 3 - Language
(1)
The official language of Namibia shall be English.
(2)
Nothing contained in this Constitution shall prohibit the use of any other language as a medium of instruction in private schools or in schools financed or subsidised by the State, subject to compliance with such requirements as may be imposed by law, to ensure proficiency in the official language, or for pedagogic reasons.
(3)
Nothing contained in Sub-Article (1) hereof shall preclude legislation by Parliament which permits the use of a language other than English for legislative, administrative and judicial purposes in regions or areas where such other language or languages are spoken by a substantial component of the population.

Namibian Constitution Chapter 02 CITIZENSHIP

CITIZENSHIP
Article 4 - Acquisition and Loss of Citizenship
(1)
The following persons shall be citizens of Namibia by birth:

(a)
those born in Namibia before the date of Independence whose fathers or mothers would have been Namibian citizens at the time of the birth of such persons, if this Constitution had been in force at that time; and

(b)
those born in Namibia before the date of Independence, who are not Namibian citizens under Sub-Article (a) hereof, and whose fathers or mothers were ordinarily resident in Namibia at the time of the birth of such persons: provided that their fathers or mothers were not then persons:

(aa)
who were enjoying diplomatic immunity in Namibia under any law relating to diplomatic privileges; or

(bb)
who were career representatives of another country; or

(cc)
who were members of any police, military or security unit seconded for service within Namibia by the Government of another country: provided further that this Sub-Article shall not apply to persons claiming citizenship of Namibia by birth if such persons were ordinarily resident in Namibia at the date of Independence and had been so resident for a continuous period of not less than five (5) years prior to such date, or if the fathers or mothers of such persons claiming citizenship were ordinarily resident in Namibia at the date of the birth of such persons and had been so resident for a continuous period of not less than five (5) years prior to such date;

(c)
those born in Namibia after the date of Independence whose fathers or mothers are Namibian citizens at the time of the birth of such persons;

(d)
those born in Namibia after the date of Independence who do not qualify for citizenship under Sub-Article (c) hereof, and whose fathers or mothers are ordinarily resident in Namibia at the time of the birth of such persons: provided that their fathers or mothers are not then persons:

(aa)
enjoying diplomatic immunity in Namibia under any law relating to diplomatic privileges; or

(bb)
who are career representatives of another country; or

(cc)
who are members of any police, military or security unit seconded for service within Namibia by the Government of another country; or

(dd)
who are illegal immigrants:

provided further that Sub-Articles (aa), (bb), (cc) and (dd) hereof will not apply to children who would otherwise be stateless.
(2)
The following persons shall be citizens of Namibia by descent:

(a)
those who are not Namibian citizens under Sub-Article (1) hereof and whose fathers or mothers at the time of the birth of such persons are citizens of Namibia or whose fathers or mothers would have qualified for Namibian citizenship by birth under Sub-Article (1) hereof, if this Constitution had been in force at that time; and

(b)
who comply with such requirements as to registration of citizenship as may be required by Act of Parliament: provided that nothing in this Constitution shall preclude Parliament from enacting legislation which requires the birth of such persons born after the date of Independence to be registered within a specific time either in Namibia or at an embassy, consulate or office of a trade representative of the Government of Namibia.
(3)
The following persons shall be citizens of Namibia by marriage:

(a)
those who are not Namibian citizens under Sub-Article (1) or (2) hereof and who:

(aa)
in good faith marry a Namibian citizen or, prior to the coming into force of this Constitution, in good faith married a person who would have qualified for Namibian citizenship if this Constitution had been in force; and

(bb)
subsequent to such marriage have ordinarily resided in Namibia as the spouse of such person for a period of not less than two (2) years; and

(cc)
apply to become citizens of Namibia;

(b)
for the purposes of this Sub-Article (and without derogating from any effect that it may have for any other purposes) a marriage by customary law shall be deemed to be a marriage: provided that nothing in this Constitution shall preclude Parliament from enacting legislation which defines the requirements which need to be satisfied for a marriage by customary law to be recognised as such for the purposes of this Sub-Article.
(4)
Citizenship by registration may be claimed by persons who are not Namibian citizens under Sub-Articles (1), (2) or (3) hereof and who were ordinarily resident in Namibia at the date of Independence, and had been so resident for a continuous period of not less than five (5) years prior to such date: provided that application for Namibian citizenship under this Sub-Article is made within a period of twelve (12) months from the date of Independence, and prior to making such application, such persons renounce the citizenship of any other country of which they are citizens.
(5)
Citizenship by naturalisation may be applied for by persons who are not Namibian citizens under Sub-Articles(1), (2), (3) or (4) hereof and who:

(a)
are ordinarily resident in Namibia at the time when the application for naturalisation is made; and

(b)
have been so resident in Namibia for a continuous period of not less than five (5) years (whether before or after the date of Independence); and

(c)
satisfy any other criteria pertaining to health, morality, security or legality of residence as may be prescribed by law.
(6)
Nothing contained herein shall preclude Parliament from authorizing by law the conferment of Namibian citizenship upon any fit and proper person by virtue of any special skill or experience or commitment to or services rendered to the Namibian nation either before or at any time after the date of Independence.
(7)
Namibian citizenship shall be lost by persons who renounce their Namibian citizenship by voluntarily signing a formal declaration to that effect.
(8)
Nothing in this Constitution shall preclude Parliament from enacting legislation providing for the loss of Namibian citizenship by persons who, after the date of Independence:

(a)
have acquired the citizenship of any other country by any voluntary act; or

(b)
have served or volunteered to serve in the armed or security forces of any other country without the written permission of the Namibian Government; or

(c)
have taken up permanent residence in any other country and have absented themselves thereafter from Namibia for a period in excess of two (2) years without the written permission of the Namibian Government:

provided that no person who is a citizen of Namibia by birth or descent may be deprived of Namibian citizenship by such legislation.
(9)
Parliament shall be entitled to make further laws not inconsistent with this Constitution regulating the acquisition or loss of Namibian citizenship.

Namibian Constitution Chapter 03 Fundamental Human Rights and Freedoms

Fundamental Human Rights and Freedoms
Article 5 - Protection of Fundamental Rights and Freedoms
The fundamental rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, Legislature and Judiciary and all organs of the Government and its agencies and, where applicable to them, by all natural and legal persons in Namibia, and shall be enforceable by the Courts in the manner hereinafter prescribed.
Article 6 - Protection of Life
The right to life shall be respected and protected. No law may prescribe death as a competent sentence. No Court or Tribunal shall have the power to impose a sentence of death upon any person. No executions shall take place in Namibia.
Article 7 - Protection of Liberty
No persons shall be deprived of personal liberty except according to procedures established by law.
Article 8 - Respect for Human Dignity
(1)
The dignity of all persons shall be inviolable.
(2)
(a)
In any judicial proceedings or in other proceedings before any organ of the State, and during the enforcement of a penalty, respect for human dignity shall be guaranteed.

(b)
No persons shall be subject to torture or to cruel, inhuman or degrading treatment or punishment.
Article 9 - Slavery and Forced Labour
(1)
No persons shall be held in slavery or servitude.
(2)
No persons shall be required to perform forced labour.
(3)
For the purposes of this Article, the expression "forced labour" shall not include:

(a)
any labour required in consequence of a sentence or order of a Court;

(b)
any labour required of persons while lawfully detained which, though not required in consequence of a sentence or order of a Court, is reasonably necessary in the interests of hygiene;

(c)
any labour required of members of the defence force, the police force and the prison service in pursuance of their duties as such or, in the case of persons who have conscientious objections to serving as members of the defence force, any labour which they are required by law to perform in place of such service;

(d)
any labour required during any period of public emergency or in the event of any other emergency or calamity which threatens the life and well-being of the community, to the extent that requiring such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation;

(e)
any labour reasonably required as part of reasonable and normal communal or other civic obligations.
Article 10- Equality and Freedom from Discrimination
(1)
All persons shall be equal before the law.
(2)
No persons may be discriminated against on the grounds of sex, race, colour, ethnic origin, religion, creed or social or economic status.
Article 11 - Arrest and Detention
(1)
No persons shall be subject to arbitrary arrest or detention.
(2)
No persons who are arrested shall be detained in custody without being informed promptly in a language they understand of the grounds for such arrest.
(3)
All persons who are arrested and detained in custody shall be brought before the nearest Magistrate or other judicial officer within a period of forty-eight (48) hours of their arrest or, if this is not reasonably possible, as soon as possible thereafter, and no such persons shall be detained in custody beyond such period without the authority of a Magistrate or other judicial officer.
(4)
Nothing contained in Sub-Article (3) hereof shall apply to illegal immigrants held in custody under any law dealing with illegal immigration: provided that such persons shall not be deported from Namibia unless deportation is authorised by a Tribunal empowered by law to give such authority.
(5)
No persons who have been arrested and held in custody as illegal immigrants shall be denied the right to consult confidentially legal practitioners of their choice, and there shall be no interference with this right except such as is in accordance with the law and is necessary in a democratic society in the interest of national security or for public safety.
Article 12 - Fair Trial
(1)
(a)
In the determination of their civil rights and obligations or any criminal charges against them, all persons shall be entitled to a fair and public hearing by an independent, impartial and competent Court or Tribunal established by law: provided that such Court or Tribunal may exclude the press and/or the public from all or any part of the trial for reasons of morals, the public order or national security, as is necessary in a democratic society.

(b)
A trial referred to in Sub-Article (a) hereof shall take place within a reasonable time, failing which the accused shall be released.

(c)
Judgments in criminal cases shall be given in public, except where the interests of juvenile persons or morals otherwise require.

(d)
All persons charged with an offence shall be presumed innocent until proven guilty according to law, after having had the opportunity of calling witnesses and cross-examining those called against them.

(e)
All persons shall be afforded adequate time and facilities for the preparation and presentation of their defence, before the commencement of and during their trial, and shall be entitled to be defended by a legal practitioner of their choice.

(f)
No persons shall be compelled to give testimony against themselves or their spouses, who shall include partners in a marriage by customary law, and no Court shall admit in evidence against such persons testimony which has been obtained from such persons in violation of Article 8(2)(b) hereof.
(2)
No persons shall be liable to be tried, convicted or punished again for any criminal offence for which they have already been convicted or acquitted according to law: provided that nothing in this Sub-Article shall be construed as changing the provisions of the common law defences of "previous acquittal" and "previous conviction".
(3)
No persons shall be tried or convicted for any criminal offence or on account of any act or omission which did not constitute a criminal offence at the time when it was committed, nor shall a penalty be imposed exceeding that which was applicable at the time when the offence was committed.
Article 13 - Privacy
(1)
No persons shall be subject to interference with the privacy of their homes, correspondence or communications save as in accordance with law and as is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights or freedoms of others.
(2)
Searches of the person or the homes of individuals shall only be justified:

(a)
where these are authorised by a competent judicial officer;

(b)
in cases where delay in obtaining such judicial authority carries with it the danger of prejudicing the objects of the search or the public interest, and such procedures as are prescribed by Act of Parliament to preclude abuse are properly satisfied.
Article 14 - Family
(1)
Men and women of full age, without any limitation due to race, colour, ethnic origin, nationality, religion, creed or social or economic status shall have the right to marry and to found a family. They shall be entitled to equal rights as to marriage, during marriage and at its dissolution.
(2)
Marriage shall be entered into only with the free and full consent of the intending spouses.
(3)
The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Article 15 - Children's Rights
(1)
Children shall have the right from birth to a name, the right to acquire a nationality and, subject to legislation enacted in the best interests of children, as far as possible the right to know and be cared for by their parents.
(2)
Children are entitled to be protected from economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education, or to be harmful to their health or physical, mental, spiritual, moral or social development. For the purposes of this SubArticle children shall be persons under the age of sixteen (16) years.
(3)
No children under the age of fourteen (14) years shall be employed to work in any factory or mine, save under conditions and circumstances regulated by Act of Parliament. Nothing in this Sub-Article shall be construed as derogating in any way from Sub-Article (2) hereof.
(4)
Any arrangement or scheme employed on any farm or other undertaking, the object or effect of which is to compel the minor children of an employee to work for or in the interest of the employer of such employee, shall for the purposes of Article 9 hereof be deemed to constitute an arrangement or scheme to compel the performance of forced labour.
(5)
No law authorising preventive detention shall permit children under the age of sixteen (16) years to be detained.
Article 16 - Property
(1)
All persons shall have the right in any part of Namibia to acquire, own and dispose of all forms of immovable and movable property individually or in association with others and to bequeath their property to their heirs or legatees: provided that Parliament may by legislation prohibit or regulate as it deems expedient the right to acquire property by persons who are not Namibian citizens.
(2)
The State or a competent body or organ authorised by law may expropriate property in the public interest subject to the payment of just compensation, in accordance with requirements and procedures to be determined by Act of Parliament.
Article 17 - Political Activity
(1)
All citizens shall have the right to participate in peaceful political activity intended to influence the composition and policies of the Government. All citizens shall have the right to form and join political parties and; subject to such qualifications prescribed by law as are necessary in a democratic societyi to participate in the conduct of public affairs, whether directly or through freely chosen representatives.
(2)
Every citizen who has reached the age of eighteen (18) years shall have the right to vote and who has reached the age of twenty-one (21) years to be elected to public office, unless otherwise provided herein.
(3)
The rights guaranteed by Sub-Article (2) hereof may only be abrogated, suspended or be impinged upon by Parliament in respect of specified categories of persons on such grounds of infirmity or on such grounds of public interest or morality as are necessary in a democratic society.
Article 18 - Administrative Justice
Administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed upon such bodies and officials by common law and any relevant legislation, and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a competent Court or Tribunal.
Article 19 - Culture
Every person shall be entitled to enjoy, practise, profess, maintain and promote any culture, language, tradition or religion subject to the terms of this Constitution and further subject to the condition that the rights protected by this Article do not impinge upon the rights of others or the national interest.
Article 20 - Education
(1)
All persons shall have the right to education.
(2)
Primary education shall be compulsory and the State shall provide reasonable facilities to render effective this right for every resident within Namibia, by establishing and maintaining State schools at which primary education will be provided free of charge.
(3)
Children shall not be allowed to leave school until they have completed their primary education or have attained the age of sixteen (16) years, whichever is the sooner, save in so far as this may be authorised by Act of Parliament on grounds of health or other considerations pertaining to the public interest.
(4)
All persons shall have the right, at their own expense, to establish and to maintain private schools, or colleges or other institutions of tertiary education: provided that:

(a)
such schools, colleges or institutions of tertiary education are registered with a Government department in accordance with any law authorising and regulating such registration;

(b)
the standards maintained by such schools, colleges or institutions of tertiary education are not inferior to the standards maintained in comparable schools, colleges or institutions of tertiary education fundedpy the State;

(c)
no restrictions of whatever nature are imposed with respect to the admission of pupils based on race, colour or creed;

(d)
no restrictions of whatever nature are imposed with respect to the recruitment of staff based on race or colour.
Article 21 - Fundamental Freedoms
(1)
All persons shall have the right to:

(a)
freedom of speech and expression, which shall include freedom of the press and other media;

(b)
freedom of thought, conscience and belief, which shall include academic freedom in institutions of higher learning;

(c)
freedom to practise any religion and to manifest such practice;

(d)
assemble peaceably and without arms;

(e)
freedom of association, which shall include freedom to form and join associations or unions, including trade unions and political parties;

(f)
withhold their labour without being exposed to criminal penalties;

(g)
move freely throughout Namibia;

(h)
reside and settle in any part of Namibia;

(i)
leave and return to Namibia;

(j)
practise any profession, or carry on any occupation, trade or business.
(2)
The fundamental freedoms referred to in Sub-Article (1) hereof shall be exercised subject to the law of Namibia, in so far as such law imposes reasonable restrictions on the exercise of the rights and freedoms conferred by the said Sub-Article, which are necessary in a democratic society and are required in the interests of the sovereignty and integrity of Namibia, national security, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.
Article 22 - Limitation upon Fundamental Rights and Freedoms
Whenever or wherever in terms of this Constitution the limitation of any fundamental rights or freedoms contemplated by this Chapter is authorised, any law providing for such limitation shall:
(a)
be of general application, shall not negate the essential content thereof, and shall not be aimed at a particular individual;
(b)
specify the ascertainable extent of such limitation and identify the Article or Articles hereof on which authority to enact such limitation is claimed to rest.
Article 23 - Apartheid and Affirmative Action
(1)
The practice of racial discrimination and the practice and ideology of apartheid from which the majority of the people of Namibia have suffered for so long shall be prohibited and by Act of Parliament such practices, and the propagation of such practices, may be rendered criminally punishable by the ordinary Courts by means of such punishment as Parliament deems necessary for the purposes of expressing the revulsion of the Namibian people at such practices.
(2)
Nothing contained in Article 10 hereof shall prevent Parliament from enacting legislation providing directly or indirectly for the advancement of persons within Namibia who have been socially, economically or educationally disadvantaged by past discriminatory laws or practices, or for the implementation of policies and programmes aimed at redressing social, economic or educational imbalances in the Namibian society arising out of past discriminatory laws or practices, or for achieving a balanced structuring of the public service, the police force, the defence force, and the prison service.
(3)
In the enactment of legislation and the application of any policies and practices contemplated by Sub-Article (2) hereof, it shall be permissible to have regard to the fact that women in Namibia have traditionally suffered special discrimination and that they need to be encouraged and enabled to play a full, equal and effective role in the political, social, economic and cultural life of the nation.
Article 24 - Derogation
(1)
Nothing contained in or done under the authority of Article 26 hereof shall be held to be inconsistent with or in contravention of this Constitution to the extent that it authorises the taking of measures during any period when Namibia is in a state of national defence or any period when a declaration of emergency under this Constitution is in force.
(2)
Where any persons are detained by virtue of such authorisation as is referred to in Sub-Article (1) hereof, the following provisions shall apply:

(a)
they shall, as soon as reasonably practicable and in any case not more than five (5) days after the commencement of their detention, be furnished with a statement in writing in a language that they understand specifying in detail the grounds upon which they are detained and, at their request, this statement shall be read to them;

(b)
not more than fourteen (14) days after the commencement of their detention, a notification shall be published in the Gazette stating that they have been detained and giving particulars of the provision of law under which their detention is authorised;

(c)
not more than one (1) month after the commencement of their detention and thereafter during their detention at intervals of not more than three (3) months, their cases shall be reviewed by the Advisory Board referred to in Article 26 (5)(c) hereof, which shall order their release from detention if it is satisfied that it is not reasonably necessary for the purposes of the emergency to continue the detention of such persons;

(d)
they shall be afforded such opportunity for the making of representations as may be desirable or expedient in the circumstances, having regard to the public interest and the interests of the detained persons.
(3)
Nothing contained in this Article shall permit a derogation from or suspension of the fundamental rights or freedoms referred to in Articles 5, 6, 8, 9, 10, 12, 14, 15, 18, 19 and 21(1)(a), (b), (c) and (e) hereof, or the denial of access by any persons to legal practitioners or a Court of law.
Article 25 - Enforcement of Fundamental Rights and Freedoms
(1)
Save in so far as it may be authorised to do so by this Constitution, Parliament or any subordinate legislative authority shall not make any law, and the Executive and the agencies of Government shall not take any action which abolishes or abridges the fundamental rights and freedoms conferred by this Chapter, and any law or action in contravention thereof shall to the extent of the contravention be invalid: provided that:

(a)
a competent Court, instead of declaring such law or action to be invalid, shall have the power and the discretion in an appropriate case to allow Parliament, any subordinate legislative authority, or the Executive and the agencies of Government, as the case may be, to correct any defect in the impugned law or action within a specified period, subject to such conditions as may be specified by it. In such event and until such correction, or until the expiry of the time limit set by the Court, whichever be the shorter, such impugned law or action shall be deemed to be valid;

(b)
any law which was in force immediately before the date of Independence shall remain in force until amended, repealed or declared unconstitutional. If a competent Court is of the opinion that such law is unconstitutional, it may either set aside the law, or allow Parliament to correct any defect in such law, in which event the provisions of Sub-Article (a) hereof shall apply.
(2)
Aggrieved persons who claim that a fundamental right or freedom guaranteed by this Constitution has been infringed or threatened shall be entitled to approach a competent Court to enforce or protect such a right or freedom, and may approach the Ombudsman to provide them with such legal assistance or advice as they require, and the Ombudsman shall have the discretion in response thereto to provide such legal or other assistance as he or she may consider expedient.
(3)
Subject to the provisions of this Constitution, the Court referred to in SubArticle (2) hereof shall have the power to make all such orders as shall be necessary and appropriate to secure such applicants the enjoyment of the rights and freedoms conferred on them under the provisions of this Constitution, should the Court come to the conclusion that such rights or freedoms have been unlawfully denied or violated, or that grounds exist for the protection of such rights or freedoms by interdict.
(4)
The power of the Court shall include the power to award monetary compensation in respect of any damage suffered by the aggrieved persons in consequence of such unlawful denial or violation of their fundamental rights and freedoms, where it considers such an award to be appropriate in the circumstances of particular cases.

Namibian Constitution Chapter 04 Public Emergency, State of National Defence and Martial Law

Public Emergency, State of National Defence and Martial Law
Article 26 - State of Emergency, State of National Defence and Martial Law
(1)
At a time of national disaster or during a state of national defence or public emergency threatening the life of the nation or the constitutional order, the President may by Proclamation in the Gazette declare that a state of emergency exists in Namibia or any part thereof.
(2)
A declaration under Sub-Article (1) hereof, if not sooner revoked, shall cease to have effect:

(a)
in the case of a declaration made when the National Assembly is sitting or has been summoned to meet, at the expiration of a period of seven (7) days after publication of the declaration; or

(b)
in any other case, at the expiration of a period of thirty (30) days after publication of the declaration;

unless before the expiration of that period, it is approved by a resolution passed by the National Assembly by a two-thirds majority of all its members.
(3)
Subject to the provisions of Sub-Article (4) hereof, a declaration approved by a resolution of the National Assembly under Sub-Article (2) hereof shall continue to be in force until the expiration of a period of six (6) months after being so approved or until such earlier date as may be specified in the resolution: provided that the National Assembly may, by resolution by a two-thirds majority of all its members, extend its approval of the declaration for periods of not more than six (6) months at a time.
(4)
The National Assembly may by resolution at any time revoke a declaration approved by it in terms of this Article.
(5)
(a)
During a state of emergency in terms of this Article or when a state of national defence prevails, the President shall have the power by Proclamation to make such regulations as in his or her opinion are necessary for the protection of national security, public safety and the maintenance of law and order.

(b)
The powers of the President to make such regulations shall include the power to suspend the operation of any rule of the common law or statute or any fundamental right or freedom protected by this Constitution, for such period and subject to such conditions as are reasonably justifiable for the purpose of dealing with the situation which has given rise to the emergency: provided that nothing in this Sub-Article shall enable the President to act contrary to the provisions of Article 24 hereof.

(c)
Where any regulation made under Sub-Article (b) hereof provides for detention without trial, provision shall also be made for an Advisory Board, to be appointed by the President on the recommendation of the Judicial Service Commission, and consisting of no more than five (5) persons, of whom no fewer than three (3) persons shall be Judges of the Supreme Court or the High Court or qualified to be such. The Advisory Board shall perform the function set out in Article 24 (2)(c) hereof.
(6)
Any regulations made by the President pursuant to the provisions of SubArticle (5) hereof shall cease to have legal force if they have not been approved by a resolution of the National Assembly within fourteen (14) days from the date when the National Assembly first sits in session after the date of the commencement of any such regulations.
(7)
The President shall have the power to proclaim or terminate martial law. Martial law may be proclaimed only when a state of national defence involving another country exists or when civil war prevails in Namibia: provided that any proclamation of martial law shall cease to be valid if it is not approved within a reasonable time by a resolution passed by a two-thirds majority of all the members of the National Assembly.

Namibian Constitution Chapter 05 The President

The President
Article 27 - Head of State and Government
(1)
The President shall be the Head of State and of the Government and the Commander-in-Chief of the Defence Force.
(2)
The executive power of the Republic of Namibia shall vest in the President and the Cabinet.
(3)
Except as may be otherwise provided in this Constitution or by law, the President shall in the exercise of his or her functions be obliged to act in consultation with the Cabinet.
Article 28 - Election
(1)
The President shall be elected in accordance with the provisions of this Constitution and subject thereto.
(2)
Election of the President shall be:

(a)
by direct, universal and equal suffrage; and

(b)
conducted in accordance with principles and procedures to be determined by Act of Parliament: provided that no person shall be elected as President unless he or she has received more than fifty (50) per cent of the votes cast and the necessary number of ballots shall be conducted until such result is reached.
(3)
Every citizen of Namibia by birth or descent, over the age of thirty-five (35) years, and who is eligible to be elected to office as a member of the National Assembly shall be eligible for election as President.
(4)
The procedures to be followed for the nomination of candidates for election as President, and for all matters necessary and incidental to ensure the free, fair and effective election of a President, shall be determined by Act of Parliament: provided that any registered political party shall be entitled to nominate a candidate, and any person supported by a minimum number of registered voters to be determined by Act of Parliament shall also be entitled to be nominated as a candidate.
Article 29 - Term of Office
(1)
(a)
The President's term of office shall be five (5) years unless he or she dies or resigns before the expiry of the said term or is removed from office.

(b)
In the event of the dissolution of the National Assembly in the circumstances provided for under Article 57(1) hereof, the President's term of office shall also expire.
(2)
A President shall be removed from office if a two-thirds majority of all the members of the National Assembly, confirmed by a two-thirds majority of all the members of the National Council, adopts a resolution impeaching the President on the ground that he or she has been guilty of a violation of the Constitution or guilty of a serious violation of the laws of the land or otherwise guilty of such gross misconduct or ineptitude as to render him or her unfit to hold with dignity and honour the office of President.
(3)
A person shall hold office as President for not more than two terms.
(4)
If a President dies, resigns or is removed from office in terms of this Constitution, the vacant office of President shall be filled for the unexpired period thereof as follows:

(a)
if the vacancy occurs not more than one (1) year before the date on which Presidential elections are required to be held, the vacancy shall be filled in accordance with the provisions of Article 34 hereof;

(b)
if the vacancy occurs more than one (1) year before the date on which Presidential elections are required to be held, an election for the President shall be held in accordance with the provisions of Article 28 hereof within a period of ninety (90) days from the date on which the vacancy occurred, and pending such election the vacant office shall be filled in accordance with the provisions of Article 34 hereof.
(5)
If the President dissolves the National Assembly under Articles 32(3)(a) and 57(1) hereof, a new election for President shall be held in accordance with the provisions of Article 28 hereof within ninety (90) days, and pending such election the President shall remain in office, and the provisions of Article 58 hereof shall be applicable.
(6)
If a person becomes President under Sub-Article (4) hereof, the period of time during which he or she holds office consequent upon such election or succession shall not be regarded as a term for the purposes of Sub-Article (3) hereof.
Article 30 - Oath or Affirmation
Before formally assuming office, a President-elect shall make the following oath or affirmation which shall be administered by the Chief Justice or a Judge designated by the Chief Justice for this purpose:

"l, .................................... do hereby swear/solemnly affirm,
That I will strive to the best of my ability to uphold, protect and defend as the Supreme Law the Constitution of the Republic of Namibia, and faithfully to obey, execute and administer the laws of the Republic of Namibia;
That I will protect the independence, sovereignty, territorial integrity and the material and spiritual resources of the Republic of Namibia; and
That I will endeavour to the best of my ability to ensure justice for all the inhabitants of the Republic of Namibia.
(in the case of an oath)
So help me God."
Article 31 - Immunity from Civil and Criminal Proceedings
(1)
No person holding the office of President or performing the functions of President may be sued in any civil proceedings save where such proceedings concern an act done in his or her official capacity as President.
(2)
No person holding the office of President shall be charged with any criminal offence or be amenable to the criminal jurisdiction of any Court in respect of any act allegedly performed, or any omission to perform any act, during his or her tenure of office as President.
(3)
After a President has vacated that office:

(a)
no Court may entertain any action against him or her in any civil proceedings in respect of any act done in his or her official capacity as President;

(b)
a civil or criminal Court shall only have jurisdiction to entertain proceedings against him or her, in respect of acts of commission or omission alleged to have been perpetrated in his or her personal capacity whilst holding office as President, if Parliament by resolution has removed the President on the grounds specified in this Constitution and if a resolution is adopted by Parliament resolving that any such proceedings are justified in the public interest notwithstanding any damage such proceedings might cause to the dignity of the office of President.
Article 32 - Functions, Powers and Duties
(1)
As the Head of State, the President shall uphold, protect and defend the Constitution as the Supreme Law, and shall perform with dignity and leadership all acts necessary, expedient, reasonable and incidental to the discharge of the executive functions of the Government, subject to the overriding terms of this Constitution and the laws of Namibia, which he or she is constitutionally obliged to protect, to administer and to execute.
(2)
In accordance with the responsibility of the executive branch of Government to the legislative branch, the President and the Cabinet shall each year dur ing the consideration of the official budget attend Parliament. During such session the President shall address Parliament on the state of the nation and on the future policies of the Government, shall report on the policies of the previous year and shall be available to respond to questions.
(3)
Without derogating from the generality of the functions and powers contemplated by Sub-Article (1) hereof, the President shall preside over meetings of the Cabinet and shall have the power, subject to this Constitution to:

(a)
dissolve the National Assembly by Proclamation in the circumstances provided for in Article 57(1) hereof;

(b)
determine the times for the holding of special sessions of the National Assembly, and to prorogue such sessions;

(c)
accredit, receive and recognise ambassadors, and to appoint ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers;

(d)
pardon or reprieve offenders, either unconditionally or subject to such conditions as the President may deem fit;

(e)
negotiate and sign international agreements, and to delegate such power;

(f)
declare martial law or, if it is necessary for the defence of the nation, declare that a state of national defence exists: provided that this power shall be exercised subject to the terms of Article 26(7) hereof;

(g)
establish and dissolve such Government departments and ministries as the President may at any time consider to be necessary or expedient for the good government of Namibia;

(h)
confer such honours as the President considers appropriate on citizens, residents and friends of Namibia in consultation with interested and relevant persons and institutions;

(i)
appoint the following persons:

(aa)
the Prime Minister;

(bb)
Ministers and Deputy-Ministers;

(cc)
the Attorney-General;

(dd)
the Director-General of Planning;

(ee)
any other person or persons who are required by any other provision of this Constitution or any other law to be appointed by the President.
(4)
The President shall also have the power, subject to this Constitution, to appoint:

(a)
on the recommendation of the Judicial Service Commission:

(aa)
the Chief Justice, the Judge-President of the High Court and other Judges of the Supreme Court and the High Court;

(bb)
the Ombudsman;

(cc)
the Prosecutor-General;

(b)
on the recommendation of the Public Service Commission:

(aa)
the Auditor-General;

(bb)
the Governor and the Deputy-Governor of the Central Bank;

(c)
on the recommendation of the Security Commission:

(aa)
the Chief of the Defence Force;

(bb)
the Inspector-General of Police;

(cc)
the Commissioner of Prisons.
(5)
Subject to the provisions of this Constitution dealing with the signing of any laws passed by Parliament and the promulgation and publication of such laws in the Gazette, the President shall have the power to:

(a)
sign and promulgate any Proclamation which by law he or she is entitled to proclaim as President;

(b)
initiate, in so far as he or she considers it necessary and expedient, laws for submission to and consideration by the National Assembly;

(c)
appoint as members of the National Assembly but without any vote therein, not more than six (6) persons by virtue of their special expertise, status, skill or experience.
(6)
Subject to the provisions of this Constitution or any other law, any person appointed by the President pursuant to the powers vested in him or her by this Constitution or any other law may be removed by the President by the same process through which such person was appointed.
(7)
Subject to the provisions of this Constitution and of any other law of application in this matter, the President may, in consultation with the Cabinet and on the recommendation of the Public Service Commission:

(a)
constitute any office in the public service of Namibia not otherwise provided for by any other law;

(b)
appoint any person to such office,

(c)
determine the tenure of any person so appointed as well as the terms and conditions of his or her service.
(8)
All appointments made and actions taken under Sub-Articles (3),(4),(5),(6) and (7) hereof shall be announced by the President by Proclamation in the Gazette.
(9)
Subject to the provisions of this Constitution and save where this Constitution otherwise provides, any action taken by the President pursuant to any power vested in the President by the terms of this Article shall be capable of being reviewed, reversed or corrected on such terms as are deemed expedient and proper should there be a resolution proposed by at least one-third of all the members of the National Assembly and passed by a two-thirds majority of all the members of the National Assembly disapproving any such action and resolving to review, reverse or correct it.
(10)
Notwithstanding the review, reversal or correction of any action in terms of Sub-Article (9) hereof, all actions performed pursuant to any such action during the period preceding such review, reversal or correction shall be deemed to be valid and effective in law, until and unless Parliament otherwise enacts.
Article 33 - Remuneration
Provision shall be made by Act of Parliament for the payment out of the State Revenue Fund of remuneration and allowances for the President, as well as for the payment of pensions to former Presidents and, in the case of their deaths, to their surviving spouses.
Article 34 - Succession
(1)
If the office of President becomes vacant or if the President is otherwise unable to fulfil the duties of the office, the following persons shall in the order provided for in this Sub-Article act as President for the unexpired portion of the President's term of office or until the President is able to resume office, whichever is the earlier:

(a)
the Prime Minister;

(b)
the Deputy-Prime Minister;

(c)
a person appointed by the Cabinet.
(2)
Where it is regarded as necessary or expedient that a person deputise for the President because of a temporary absence from the country or because of pressure of work, the President shall be entitled to nominate any person enumerated in Sub-Article (1) hereof to deputise for him or her in respect of such specific occasions or such specific matters and for such specific periods as in his or her discretion may be considered wise and expedient, subject to consultation with the Cabinet.

Namibian Constitution Chapter 06 The Cabinet

The Cabinet
Article 35 - Composition
(1)
The Cabinet shall consist of the President, the Prime Minister and such other Ministers as the President may appoint from the members of the National Assembly, including members nominated under Article 46(1)(b) hereof, for the purposes of administering and executing the functions of the Government.
(2)
The President may also appoint a Deputy-Prime Minister to perform such functions as may be assigned to him or her by the President or the Prime Minister.
(3)
The President or, in his or her absence, the Prime Minister or other Minister designated for this purpose by the President, shall preside at meetings of the Cabinet.
Article 36 - Functions of the Prime Minister
The Prime Minister shall be the leader of Government business in Parliament, shall co-ordinate the work of the Cabinet and shall advise and assist the President in the execution of the functions of Government.
Article 37 - Deputy-Ministers
The President may appoint from the members of the National Assembly, including members nominated under Article 46(1)(b) hereof, and the National Council such Deputy-Ministers as he or she may consider expedient, to exercise or perform on behalf of Ministers any of the powers, functions and duties which may have been assigned to such Ministers.
Article 38 - Oath or Affirmation
Before assuming office, a Minister or Deputy-Minister shall make and subscribe to an oath or solemn affirmation before the President or a person designated by the President for this purpose, in the terms set out in Schedule 2 hereof.
Article 39 - Vote of No Confidence
The President shall be obliged to terminate the appointment of any member of the Cabinet, if the National Assembly by a majority of all its members resolves that it has no confidence in that member.
Article 40 - Duties and Functions
The members of the Cabinet shall have the following functions:
(a)
to direct, co-ordinate and supervise the activities of Ministries and Government departments including para-statal enterprises, and to review and advise the President and the National Assembly on the desirability and wisdom of any prevailing subordinate legislation, regulations or orders pertaining to such para-statal enterprises, regard being had to the public interest;
(b)
to initiate bills for submission to the National Assembly;
(c)
to formulate, explain and assess for the National Assembly the budget of the State and its economic development plans and to report to the National Assembly thereon;
(d)
to carry out such other functions as are assigned to them by law or are incidental to such assignment;
(e)
to attend meetings of the National Assembly and to be available for the purposes of any queries and debates pertaining to the legitimacy, wisdom, effectiveness and direction of Government policies;
(f)
to take such steps as are authorised by law to establish such economic organisations, institutions and para-statal enterprises on behalf of the State as are directed or authorised by law;
(g)
to formulate, explain and analyse for the members of the National Assembly the goals of Namibian foreign policy and its relations with other States and to report to the National Assembly thereon;
(h)
to formulate, explain and analyse for the members of the National Assembly the directions and content of foreign trade policy and to report to the National Assembly thereon;
(i)
to assist the President in determining what international agreements are to be concluded, acceded to or succeeded to and to report to the National Assembly thereon;
(j)
to advise the President on the state of national defence and the maintenance of law and order and to inform the National Assembly thereon;
(k)
to issue notices, instructions and directives to facilitate the implementation and administration of laws administered by the Executive, subject to the terms of this Constitution or any other law;
(I)
to remain vigilant and vigorous for the purposes of ensuring thiat the scourges of apartheid, tribalism and colonialism do not again manifest themselves in any form in a free and independent Namibia and to protect and assist disadvantaged citizens of Namibia who have historically been the victims of these pathologies.
Article 41 - Ministerial Accountability
All Ministers shall be accountable individually for the administration of their own Ministries and collectively for the administration of the work of the Cabinet, both to the President and to Parliament.
Article 42 - Outside Employment
(1)
During their tenure of office as members of the Cabinet, Ministers may not take up any other paid employment, engage in activities inconsistent with their positions as Ministers, or expose themselves to any situation which carries with it the risk of a conflict developing between their interests as Ministers and their private interests.
(2)
No members of the Cabinet shall use their positions as such or use information entrusted to them confidentially as such members of the Cabinet, directly or indirectly to enrich themselves.
Article 43 - Secretary to the Cabinet
(1)
There shall be a Secretary to the Cabinet who shall be appointed by the President and who shall perform such functions as may be determined by law and such functions as are from time to time assigned to the Secretary by the President or the Prime Minister. Upon appointment by the President, the Secretary shall be deemed to have been appointed to such office on the recommendation of the Public Service Commission.
(2)
The Secretary to the Cabinet shall also serve as a depository of the records, minutes and related documents of the Cabinet.

Namibian Constitution Chapter 07 The National Assembly

The National Assembly
Article 44 - Legislative Power
The legislative power of Namibia shall be vested in the National Assembly with the power to pass laws with the assent of the President as provided in this Constitution subject, where applicable, to the powers and functions of the National Council as set out in this Constitution.
Article 45 - Representative Nature
The members of the National Assembly shall be representative of all the people and shall in the performance of their duties be guided by the objectives of this Constitution, by the public interest and by their conscience.
Article 46 - Composition
(1)
The composition of the National Assembly shall be as follows:

(a)
seventy-two (72) members to be elected by the registered voters by general, direct and secret ballot. Every Namibian citizen who has the qualifications described in Article 17 hereof shall be entitled to vote in the elections for members of the National Assembly and, subject to Article 47 hereof, shall be eligible for candidature as a member of the National Assembly;

(b)
not more than six (6) persons appointed by the President under Article 32(5)(c) hereof, by virtue of their special expertise, status, skill or experience: provided that such members shall have no yote in the National Assembly, and shall not be taken into account for the purpose of determining any specific majorities that are required under this Constitution or any other law.
(2)
Subject to the principles referred to in Article 49 hereof, the members of the National Assembly referred to in Sub-Article (1)(a) hereof shall be elected in accordance with procedures to be determined by Act of Parliament.
Article 47 - Disqualification of Members
(1)
No persons may become members of the National Assembly if they:

(a)
have at any time after Independence been convicted of any offence in Namibia, or outside Namibia if such conduct would have constituted an offence within Namibia, and for which they have been sentenced to death or to imprisonment of more than twelve (12) months without the option of a fine, unless they have received a free pardon or unless such imprisonment has expired at least ten (10) years before the date of their election; or

(b)
have at any time prior to Independence been convicted of an offence, if such conduct would have constituted an offence within Namibia after Independence, and for which they have been sentenced to death or to imprisonment of more than twelve (12) months without the option of a fine, unless they have received a free pardon or unless such imprisonment has expired at least ten (10) years before the date of their election: provided that no person sentenced to death or imprisonment for acts committed in connection with the struggle for the independence of Namibia shall be disqualified under this Sub-Article from being elected as a member of the National Assembly; or

(c)
are unrehabilitated insolvents; or

(d)
are of unsound mind and have been so declared by a competent Court: or

(e)
are remunerated members of the public service of Namibia; or

(f)
are members of the National Council, Regional Councils or Local Authorities.
(2)
For the purposes of Sub-Article (1) hereof:

(a)
no person shall be considered as having been convicted by any Court until any appeal which might have been noted against the conviction or sentence has been determined, or the time for noting an appeal against such conviction has expired;

(b)
the public service shall be deemed to include the defence force, the police force, the prison service, para-statal enterprises, Regional Councils and Local Authorities.
Article 48 - Vacation of Seats
(1)
Members of the National Assembly shall vacate their seats:

(a)
if they cease to have the qualifications which rendered them eligible to be members of the National Assembly;

(b)
if the political party which nominated them to sit in the National Assembly informs the Speaker that such members are no longer members of such political party;

(c)
if they resign their seats in writing addressed to the Speaker;

(d)
if they are removed by the National Assembly pursuant to its rules and standing orders permitting or requiring such removal for good and sufficient reasons;

(e)
if they are absent during sittings of the National Assembly for ten (10) consecutive sitting days, without having obtained the special leave of the National Assembly on grounds specified in its rules and standing orders.
(2)
If the seat of a member of the National Assembly is vacated in terms of SubArticle (1) hereof, the political party which nominated such member to sit in the National Assembly shall be entitled to fill the vacancy by nominating any person on the party's election list compiled for the previous general election, or if there be no such person, by nominating any member of the party.
Article 49 - Elections
The election of members in terms of Article 46(1)(a) hereof shall be on party lists and in accordance with the principles of proportional representation as set out in Schedule 4 hereof.
Article 50 - Duration
Every National Assembly shall continue for a maximum period of five (5) years, but it may before the expiry of its term be dissolved by the President by Proclamation as provided for in Articles 32(3)(a) and 57(1) hereof.
Article 51 - Speaker
(1)
At the first sitting of a newly elected National Assembly, the National Assembly, with the Secretary acting as Chairperson, shall elect a member as Speaker. The National Assembly shall then elect another member as Deputy-Speaker. The Deputy-Speaker shall act as Speaker whenever the Speaker is not available.
(2)
The Speaker or Deputy-Speaker shall cease to hole! office if he or she ceases to be a member of the National Assembly. The Speaker or Deputy-Speaker may be removed from office by resolution of the National Assembly, and may resign from office or from the National Assembly in writing addressed to the Secretary of the National Assembly.
(3)
When the office of Speaker or Deputy-Speaker becomes vacant the National Assembly shall elect a member to fill the vacancy.
(4)
When neither the Speaker nor the Deputy-Speaker is available for duty, the National Assembly, with the Secretary acting as Chairperson, shall elect a member to act as Speaker.
Article 52 - Secretary and other Officers
(1)
Subject to the provisions of the laws pertaining to the public service and the directives of the National Assembly, the Speaker shall appoint a person (or designate a person in the public service made available for that purpose), as the Secretary of the National Assembly, who shall perform the functions and duties assigned to such Secretary by this Constitution or by the Speaker.
(2)
Subject to the laws governing the control of public monies, the Secretary shall perform his or her functions and duties under the control of the Speaker.
(3)
The Secretary shall be assisted by officers of the National Assembly who shall be persons in the public service made available for that purpose.
Article 53 - Quorum
The presence of at least thirty-seven (37) members of the National Assembly entitled to vote, other than the Speaker or the presiding member, shall be necessary to constitute a meeting of the National Assembly for the exercise of its powers and the performance of its functions.
Article 54 - Casting Vote
In the case of an equality of votes in the National Assembly, the Speaker or the Deputy-Speaker or the presiding member shall have and may exercise a casting vote.
Article 55 - Oath or Affirmation
Every member of the National Assembly shall make and subscribe to an oath or solemn affirmation before the Chief Justice or a Judge designated by the Chief Justice for this purpose, in the terms set out in Schedule 3 hereof.
Article 56 - Assent to Bills
(1)
Every bill passed by Parliament in terms of this Constitution in order to acquire the status of an Act of Parliament shall require the assent of the President to be signified by the signing of the bill and the publication of the Act in the Gazette.
(2)
Where a bill is passed by a majority of two-thirds of all the members of the National Assembly and has been confirmed by the National Council the President shall be obliged to give his or her assent thereto.
(3)
Where a bill is passed by a majority of the members of the National Assembly but such majority consists of less than two-thirds of all the members of the National Assembly and has been confirmed by the National Council, but the President declines to assent to such bill, the President shall communicate such dissent to the Speaker.
(4)
If the President has declined to assent to a bill under Sub-Article (3) hereof, the National Assembly may reconsider the bill and, if it so decides, pass the bill in the form in which it was referred back to it, or in an amended form or it may decline to pass the bill. Should the bill then be passed by a majority of the National Assembly it will not require further confirmation by the National Council but, if the majority consists of less than two-thirds of all the members of the National Assembly, the President shall retain his or her power to withhold assent to the bill. If the President elects not to assent to the bill, it shall then lapse.
Article 57 - Dissolution
(1)
The National Assembly may be dissolved by the President on the advice of the Cabinet if the Government is unable to govern effectively.
(2)
Should the National Assembly be dissolved a national election for a new National Assembly and a new President shall take place within a period of ninety (90) days from the date of such dissolution.
Article 58 - Conduct of Business after Dissolution
Notwithstanding the provisions of Article 57 hereof:
(a)
every person who at the date of its dissolution was a member of the National Assembly shall remain a member of the National Assembly and remain competent to perform the functions of a member until the day immediately preceding the first polling day for the election held in pursuance of such dissolution;
(b)
the President shall have power to summon Parliament for the conduct of business during the period following such dissolution, up to and including the day immediately preceding the first polling day for the election held in pursuance of such dissolution, in the same manner and in all respects as if the dissolution had not occurred.
Article 59 - Rules of Procedure, Committees and Standing Orders
(1)
The National Assembly may make such rules of procedure for the conduct of its business and proceedings and may also make such rules for the establishing, functioning and procedures of committees, and formulate such standing orders, as may appear to it to be expedient or necessary.
(2)
The National Assembly shall in its rules of procedure make provision for such disclosure as may be considered to be appropriate in regard to the financial or business affairs of its members.
(3)
For the purposes of exercising its powers and performing its functions any committee of the National Assembly established in terms of Sub-Article (1) hereof shall have the power to subpoena persons to appear before it to give evidence on oath and to produce any documents required by it.
Article 60 - Duties, Privileges and Immunities of Members
(1)
The duties of the members of the National Assembly shall include the following:

(a)
all members of the National Assembly shall maintain the dignity and image of the National Assembly both during the sittings of the National Assembly as well as in their acts and activities outside the National Assembly;

(b)
all members of the National Assembly shall regard themselves as servants of the people of Namibia and desist from any conduct by which they seek improperly to enrich themselves or alienate themselves from the people.
(2)
A private members' bill may be introduced in the National Assembly if supported by one-third of all the members of the National Assembly.
(3)
Rules providing for the privileges and immunities of members of the National Assembly shall be made by Act of Parliament and all members shall be entitled to the protection of such privileges and immunities.
Article 61 - Public Access to Sittings
(1)
Save as provided in Sub-Article (2) hereof, all meetings of the National Assembly shall be held in public and members of the public shall have access to such meetings.
(2)
Access by members of the public in terms of Sub-Article (1) hereof may be denied if the National Assembly adopts a motion supported by two-thirds of all its members excluding such access to members of the public for specified periods or in respect of specified matters. Such a motion shall only be considered if it is supported by at least one-tenth of all the members of the National Assembly and the debate on such motion shall not be open to members of the public.
Article 62 - Sessions
(1)
The National Assembly shall sit:

(a)
at its usual place of sitting determined by the National Assembly, unless the Speaker directs otherwise on the grounds of public interest, security or convenience;

(b)
for at least two (2) sessions during each year, to commence and terminate on such dates as the National Assembly from time to time determines;

(c)
for such special sessions as directed by Proclamation by the President from time to time.
(2)
During such sessions the National Assembly shall sit on such days and during such times of the day or night as the National Assembly by its rules and standing orders may provide.
(3)
The day of commencement of any session of the National Assembly may be altered by Proclamation by the President, if the President is requested to do so by the Speaker on grounds of public interest or convenience.
Article 63 - Functions and Powers
(1)
The National Assembly, as the principal legislative authority in and over Namibia, shall have the power, subject to this Constitution, to make and repeal laws for the peace, order and good government of thecountry in the best interest of the people of Namibia.
(2)
The National Assembly shall further have the power and function, subject to this Constitution:

(a)
to approve budgets for the effective government and administration of the country;

(b)
to provide for revenue and taxation;

(c)
to take such steps as it considers expedient to uphold and defend this Constitution and the laws of Namibia and to advance the objectives of Namibian independence;

(d)
to consider and decide whether or not to succeed to such international agreements as may have been entered into prior to Independence by administrations within Namibia in which the majority of the Namibian people have historically not enjoyed democratic representation and participation;

(e)
to agree to the ratification of or accession to international agreements which have been negotiated and signed in terms of Article 32(3)(e) hereof;

(f)
to receive reports on the activities of the Executive, including para-statal enterprises, and from time to time to require any senior official thereof to appear before any of the committees of the National Assembly to account for and explain his or her acts and programmes;

(g)
to initiate, approve or decide to hold a referendum on matters of national concern;

(h)
to debate and to advise the President in regard to any matters which by this Constitution the President is authorised to deal with;

(i)
to remain vigilant and vigorous for the purposes of ensuring that the scourges of apartheid, tribalism and colonialism do not again manifest themselves in any form in a free and independent Namibia and to protect and assist disadvantaged citizens of Namibia who have historically been the victims of these pathologies;

(j)
generally to exercise any other functions and powers assigned to it by this Constitution or any other law and any other functions incidental thereto.
Article 64 - Withholding of Presidential Assent
(1)
Subject to the provisions of this Constitution, the President shall be entitled to withhold his or her assent to a bill approved by the National Assembly if in the President's opinion such bill would upon adoption conflict with the provisions of this Constitution.
(2)
Should the President withhold assent on the grounds of such opinion, he or she shall so inform the Speaker who shall inform the National Assembly thereof, and the Attorney-General, who may then take appropriate steps to have the matter decided by a competent Court.
(3)
Should such Court thereafter conclude that such bill is not in conflict with the provisions of this Constitution, the President shall assent to the said bill if it was passed by the National Assembly by a two-thirds majority of all its members. If the bill was not passed with such majority, the President may withhold his or her assent to the bill, in which event the provisions of Article 56(3) and (4) hereof shall apply.
(4)
Should such Court conclude that the disputed bill would be in conflict with any provisions of this Constitution, the said bill shall be deemed to have lapsed and the President shall not be entitled to assent thereto.
Article 65 - Signature and Enrolment of Acts
(1)
When any bill has become an Act of Parliament as a result of its having been passed by Parliament, signed by the President and published in the Gazette, the Secretary of the National Assembly shall promptly cause two (2) fair copies of such Act in the English language to be enrolled in the office of the Registrar of the Supreme Court and such copies shall be conclusive evidence of the provisions of the Act.
(2)
The public shall have the right of access to such copies subject to such regulations as may be prescribed by Parliament to protect the durability of the said copies and the convenience of the Registrar's staff.
Article 66 - Customary and Common Law
(1)
Both the customary law and the common law of Namibia in force on the date of Independence shall remain valid to the extent to which such customary or common law does not conflict with this Constitution or any other statutory law.
(2)
Subject to the terms of this Constitution, any part of such common law or customary law may be repealed or modified by Act of Parliament, and the application thereof may be confined to particular parts of Namibia or to particular periods.
Article 67 - Requisite Majorities
Save as provided in this Constitution, a simple majority of votes cast in the National Assembly shall be sufficient for the passage of any bill or resolution of the National Assembly.

Namibian Constitution Chapter 08 The National Council

The National Council
Article 68 - Establishment
There shall be a National Council which shall have the powers and functions set out in this Constitution.
Article 69 - Composition
(1)
The National Council shall consist of two (2) members from each region referred to in Article 102 hereof, to be elected from amongst their members by the Regional Council for such region.
(2)
The elections of members of the National Council shall be conducted according to procedures to be prescribed by Act of Parliament.
Article 70 - Term of Office of Members
(1)
Members of the National Council shall hold their seats for six (6) years from the date of their election and shall be eligible for re-election.
(2)
When a seat of a member of the National Council becomes vacant through death, resignation or disqualification, an election for a successor to occupy the vacant seat until the expiry of the predecessor's term of office shall be held, except in the instance where such vacancy arises less than six (6) months before the expiry of the term of the National Council, in which instance such vacancy need not be filled. Such election shall be held in accordance with the procedures prescribed by the Act of Parliament referred to in Article 69(2) hereof.
Article 71 - Oath or Affirmation
Every member of the National Council shall make and subscribe to an oath or solemn affirmation before the Chief Justice, or a Judge designated by the Chief Justice for this purpose, in the terms set out in Schedule 3 hereof.
Article 72 - Qualifications of Members
No person shall be qualified to be a member of the National Council if he or she is an elected member of a Local Authority, and unless he or she is qualified under Article 47(1)(a) to (e) hereof to be a member of the National Assembly.
Article 73 - Chairperson and Vice-Chairperson
The National Council shall, before proceeding to the dispatch of any other business, elect from its members a Chairperson and a Vice-Chairperson. The Chairperson, or in his or her absence the Vice-Chairperson, shall preside over sessions of the National Council. Should neither the Chairperson nor the ViceChairperson be present at any session, the National Council shall elect from amongst its members a person to act as Chairperson in their absence during that session.
Article 74 - Powers and Functions
(1)
The National Council shall have the power to:

(a)
consider in terms of Article 75 hereof all bills passed by the National Assembly;

(b)
investigate and report to the National Assembly on any subordinate legislation, reports and documents which under law must be tabled in the National Assembly and which are referred to it by the National Assembly for advice;

(c)
recommend legislation on matters of regional concern for submission to and consideration by the National Assembly;

(d)
perform any other functions assigned to it by the National Assembly or by an Act of Parliament.
(2)
The National Council shall have the power to establish committees and to adopt its own rules and procedures for the exercise of its powers and the performance of its functions. A committee of the National Council shall be entitled to conduct all such hearings and collect such evidence as it considers necessary for the exercise of the National Council's powers of review and investigations, and for such purposes shall have the powers referred to in Article 59(3) hereof.
(3)
The National Council shall in its rules of procedure make provision for such disclosure as may be considered to be appropriate in regard to the financial or business affairs of its members.
(4)
The duties of the members of the National Council shall include the following:

(a)
all members of the National Council shall maintain the dignity and image of the National Council both during the sittings of the National Council as well as in their acts and activities outside the National Council;

(b)
all members of the National Council shall regard themselves as servants of the people of Namibia and desist from any conduct by which they seek improperly to enrich themselves or alienate themselves from the people.
(5)
Rules providing for the privileges and immunities of members of the National Council shall be made by Act of Parliament and all members shall be entitled to the protection of such privileges and immunities.
Article 75 - Review of Legislation
(1)
All bills passed by the National Assembly shall be referred by the Speaker to the National Council.
(2)
The National Council shall consider bills referred to it under Sub-Article (1) hereof and shall submit reports thereon with its recommendations to the Speaker.
(3)
If in its report to the Speaker the National Council confirms a bill, the Speaker shall refer it to the President to enable the President to deal with it under Articles 56 and 64 hereof.
(4)
(a)
If the National Council in its report to the Speaker recommends that the bill be passed subject to amendments proposed by it, such bill shall be referred by the Speaker back to the National Assembly.

(b)
If a bill is referred back to the National Assembly under Sub-Article (a) hereof, the National Assembly may reconsider the bill and may make any amendments thereto, whether proposed by the National Council or not. If the bill is again passed by the National Assembly, whether in the form in which it was originally passed, or in an amended form, the bill shall not again be referred to the National Council, but shall be referred by the Speaker to the President to enable it to be dealt with under Articles 56 and 64 hereof.
(5)
(a)
If a majority of two-thirds of all the members or the National Council objects to the principle of a bill, this shall be mentioned in its report to the Speaker. In that event, the report shall also indicate whether or not the National Council proposes that amendments be made to the bill, if the principle of the bill is confirmed by the National Assembly under Sub-Article (b) hereof, and if amendments are proposed, details thereof shall be set out in the report.

(b)
If the National Council in its report objects to the principle of the bill, the National Assembly shall be required to reconsider the principle. If upon such reconsideration the National Assembly reaffirms the principle of the bill by a majority of two-thirds of all its mombers, the principle of the bill shall no longer be an issue. If such two-thirds majority is not obtained in the National Assembly, the bill shall lapse.
(6)
(a)
If the National Assembly reaffirms the principle of the bill under Sub-Article 5(b) hereof by a majority of two-thirds of all its members, and the report of the National Council proposed that in such event amendments be made to the bill, the National Assembly shall then deal with the amendments proposed by the National Council, and in that event the provisions of Sub-Article 4(b) shall apply mutatis mutandis.

(b)
If the National Assembly reaffirms the principle of the bill under Sub-Article 5(b) hereof by a majority of two-thirds of all its members, and the report of the National Council did not propose that in such event amendments be made to the bill, the National Council shall be deemed to have confirmed the bill, and the Speaker shall refer the bill to the President to be dealt with under Articles 56 and 64 hereof.
(7)
Sub-Articles (5) and (6) hereof shall not apply to bills dealing with the levying of taxes or the appropriation of public monies.
(8)
The National Council shall report to the Speaker on all bills dealing with the levying of taxes or appropriations of public monies within thirty (30) days of the date on which such bills were referred to it by the Speaker, and on all other bills within three (3) months of the date of referral by the Speaker, failing which the National Council will be deemed to have confirmed such bills and the Speaker shall then refer them promptly to the President to enable the President to deal with the bills under Articles 56 and 64 hereof.
(9)
If the President withholds his or her assent to any bill under Article 56 hereof and the bill is then dealt with in terms of that Article, and is again passed by the National Assembly in the form in which it was originally passed or in an amended form, such bill shall not again be referred to the National Council, but shall be referred by the Speaker directly to the President to enable the bill to be dealt with in terms of Articles 56 and 64 hereof.
Article 76 - Quorum
The presence of a majority of the members of the National Council shall be necessary to constitute a meeting of the National Council for the exercise of its powers and the performance of its functions.
Article 77 - Voting
Save as is otherwise provided in this Constitution, all questions in the National Council shall be determined by a majority of the votes cast by members present other than the Chairperson, or in his or her absence the Vice-Chairperson or the member presiding at that session, who shall, however, have and may exercise a casting vote in the case of an equality of votes.

Namibian Constitution Chapter 09 The Administration of Justice

The Administration of Justice
Article 78 - The Judiciary
(1)
The judicial power shall be vested in the Courts of Namibia, which shall consist of:

(a)
a Supreme Court of Namibia;

(b)
a High Court of Namibia;

(c)
Lower Courts of Namibia.
(2)
The Courts shall be independent and subject only to this Constitution and the law.
(3)
No member of the Cabinet or the Legislature or any other person shall interfere with Judges or judicial officers in the exercise of their judicial functions, and all organs of the State shall accord such assistance as the Courts may require to protect their independence, dignity and effectiveness, subject to the terms of this Constitution or any other law.
(4)
The Supreme Court and the High Court shall have the inherent jurisdiction which vested in the Supreme Court of South-West Africa immediately prior to the date of Independence, including the power to regulate their own procedures and to make court rules for that purpose.
Article 79 - The Supreme Court
(1)
The Supreme Court shall consist of a Chief Justice and such additional Judges as the President, acting on the recommendation of the Judicial Service Commission, may determine.
(2)
The Supreme Court shall be presided over by the Chief Justice and shall hear and adjudicate upon appeals emanating from the High Court, including appeals which involve the interpretation, implementation and upholding of this Constitution and the fundamental rights and freedoms guaranteed thereunder. The Supreme Court shall also deal with matters referred to it for decision by the Attorney-General under this Constituiton, and with such other matters as may be authorised by Act of Parliament.
(3)
Three (3) Judges shall constitute a quorum of the Supreme Court when it hears appeals or deals with matters referred to it by the Attorney-General under this Constitution: provided that provision may be made by Act of Parliament for a lesser quorum in circumstances in which a Judge seized of an appeal dies or becomes unable to act at any time prior to judgment.
(4)
The jurisdiction of the Supreme Court with regard to appeals shall be determined by Act of Parliament.
Article 80 - The High Court
(1)
The High Court shall consist of a Judge-President and such additional Judges as the President, acting on the recommendation of the Judicial Service Commission, may determine.
(2)
The High Court shall have original jurisdiction to hear and adjudicate upon all civil disputes and criminal prosecutions, including cases which involve the interpretation, implementation and upholding of this Constitution and the fundamental rights and freedoms guaranteed thereunder. The High Court shall also have jurisdiction to hear and adjudicate upon appeals from Lower Courts.
(3)
The jurisdiction of the High Court with regard to appeals shall be determined by Act of Parliament.
Article 81 - Binding Nature of Decisions of the Supreme Court
A decision of the Supreme Court shall be binding on all other Courts of Namibia and all persons in Namibia unless it is reversed by the Supreme Court itself, or is contradicted by an Act of Parliament lawfully enacted.
Article 82 - Appointment of Judges
(1)
All appointments of Judges to the Supreme Court and the High Court shall be made by the President on the recommendation of the Judicial Service Commission and upon appointment Judges shall make an oath or affirmation of office in the terms set out in Schedule 1 hereof.
(2)
At the request of the Chief Justice the President may appoint Acting Judges of the Supreme Court to fill casual vacancies in the Court from time to time, or as ad hoc appointments to sit in cases involving constitutional issues or the guarantee of fundamental rights and freedoms, if in the opinion of the Chief Justice it is desirable that such persons should be appointed to hear such cases by reason of their special knowledge of or expertise in such matters.
(3)
At the request of the Judge-President, the President may appoint Acting Judges of the High Court from time to time to fill casual vacancies in the Court, or to enable the Court to deal expeditiously with its work.
(4)
All Judges, except Acting Judges, appointed under this Constitution shall hold office until the age of sixty-five (65) but the President shall be entitled to extend the retiring age of any Judge to seventy (70). It shall also be possible by Act of Parliament to make provision for retirement at ages higher than those specified in this Article.
Article - 83 Lower Courts
(1)
Lower Courts shall be established by Act of Parliament and shall have the jurisdiction and adopt the procedures prescribed by such Act and regulations made thereunder.
(2)
Lower Courts shall be presided over by Magistrates or other judicial officers appointed in accordance with procedures prescribed by Act of Parliament.
Article - 84 Removal of Judges from Office
(1)
A Judge may be removed from office before the expiry of his or her tenure only by the President acting on the recommendation of the Judicial Service Commission.
(2)
Judges may only be removed from office on the ground of mental incapacity or for gross misconduct, and in accordance with the provisions of Sub-Article (3) hereof.
(3)
The Judicial Service Commission shall investigate whether or not a Judge should be removed from office on such grounds, and if it decides that the Judge should be removed, it shall inform the President of its recommendation.
(4)
If the deliberations of the Judicial Service Commission pursuant to this Article involve the conduct of a member of the Judicial Service Commission, such Judge shall not participate in the deliberations and the President shall appoint another Judge to fill such vacancy.
(5)
While investigations are being carried out into the necessity of the removal of a Judge in terms of this Article, the President may, on the recommendation of the Judicial Service Commission and, pending the outcome of such investigations and recommendation, suspend the Judge from office.
Article 85 - The Judicial Service Commission
(1)
There shall be a Judicial Service Commission consisting of the Chief Justice, a Judge appointed by the President, the Attorney-General and two members of the legal profession nominated in accordance with the provisions of an Act of Parliament by the professional organisation or organisations representing the interests of the legal profession in Namibia.
(2)
The Judicial Service Commission shall perform such functions as are prescribed for it by this Constitution or any other law.
(3)
The Judicial Service Commission shall be entitled to make such rules and regulations for the purposes of regulating its procedures and functions as are not inconsistent with this Constitution or any other law.
(4)
Any casual vacancy in the Judicial Service Commission may be filled by the Chief Justice or in his or her absence by the Judge appointed by the President.
Article 86 - The Attorney-General
There shall be an Attorney-General appointed by the President in accordance with the provisions of Article 32(3)(i)(cc) hereof.
Article 87 - Powers and Functions of the Attorney-General
The powers and functions of the Attorney-General shall be:
(a)
to exercise the final responsibility for the office of the Prosecutor-General;
(b)
to be the principal legal adviser to the President and Government;
(c)
to take all action necessary for the protection and upholding of the Constitution;
(d)
to perform all such functions and duties as may be assigned to the Attorney-General by Act of Parliament.
Article 88 - The Prosecutor-General
(1)
There shall be a Prosecutor-General appointed by the President on the recommendation of the Judicial Service Commision. No person shall be eligible for appointment as Prosecutor-General unless such person:

(a)
possesses legal qualifications that would entitle him or her to practise in all the Courts of Namibia;

(b)
is, by virtue of his or her experience, conscientiousness and integrity a fit and proper person to be entrusted with the responsibilities of the office of Prosecutor-General.
(2)
The powers and functions of the Prosecutor-General shall be:

(a)
to prosecute, subject to the provisions of this Constitution, in the name of the Republic of Namibia in criminal proceedings;

(b)
to prosecute and defend appeals in criminal proceedings in the High Court and the Supreme Court;

(c)
to perform all functions relating to the exercise of such powers;

(d)
to delegate to other officials, subject to his or her control and direction, authority to conduct criminal proceedings in any Court;

(e)
to perform all such other functions as may be assigned to him or her in terms of any other law.

Namibian Constitution Chapter 10 The Ombudsman

The Ombudsman
Article 89 - Establishment and Independence
(1)
There shall be an Ombudsman, who shall have the powers and functions set out in this Constitution.
(2)
The Ombudsman shall be independent and subject only to this Constitution and the law.
(3)
No member of the Cabinet or the Legislature or any other person shall interfere with the Ombudsman in the exercise of his or her functions and all organs of the State shall accord such assistance as may be needed for the protection of the independence, dignity and effectiveness of the Ombudsman.
(4)
The Ombudsman shall either be a Judge of Namibia, or a person possessing the legal qualifications which would entitle him or her to practise in all the Courts of Namibia.
Article 90 - Appointment and Term of Office
(1)
The Ombudsman shall be appointed by Proclamation by the President on the recommendation of the Judicial Service Commission.
(2)
The Ombudsman shall hold office until the age of sixty-five (65) but the President may extend the retiring age of any Ombudsman to seventy (70).
Article 91 - Functions
The functions of the Ombudsman shall be defined and prescribed by an Act of Parliament and shall include the following:
(a)
the duty to investigate complaints concerning alleged or apparent instances of violations r! fundame tal rights and freedoms, abuse of power, unfair, harsh, insensitive or disr.ourteous treatment of an inhabitant of Namibia by an official in the employ of any organ of Government (whether central or local), manifest injustice, or corruption or conduct by such official which would properly be regarded as unlawful, oppressive or unfair in a democratic society;
(b)
the duty to investigate complaints concerning the functioning of the Public Service Commission, administrative organs of the State, the defence force, the police force and the prison service in so far as such complaints relate to the failure to achieve a balanced structuring of such services or equal access by all to the recruitment of such services or fair administration in relation to such services;
(c)
the duty to investigate complaints concerning the over-utilization of living natural resources, the irrational exploitation of non-renewable resources, the degradation and destruction of ecosystems and failure to protect the beauty and character of Namibia;
(d)
the duty to investigate complaints concerning practices and actions by persons, enterprises and other private institutions where such complaints allege that violations of fundamental rights and freedoms under this Constitution have taken place;
(e)
the duty and power to take appropriate action to call for the remedying, correction and reversal of instances specified in the preceding Sub-Articles through such means as are fair, proper and effective, including:

(aa)
negotiation and compromise between the parties concerned;

(bb)
causing the complaint and his or her finding thereon to be reported to the superior of an offending person;

(cc)
referring the matter to the Prosecutor-General;

(dd)
bringing proceedings in a competent Court for an interdict or some other suitable remedy to secure the termination of the offending action or conduct, or the abandonment or alteration of the offending procedures;

(ee)
bringing proceedings to interdict the enforcement of such legislation or regulation by challenging its validity if the offending action or conduct is sought to be justified by subordinate legislation or regulation which is grossly unreasonable or otherwise ultra vires;

(ff)
reviewing such laws as were in operation before the date of Independence in order to ascertain whether they violate the letter or the spirit of this Constitution and to make consequential recommendations to the President, the Cabinet or the Attorney-General for appropriate action following thereupon;
(f)
the duty to investigate vigorously all instances of alleged or suspected corruption and the misappropriation of public monies by officials and to take appropriate steps, including reports to the Prosecutor-General and the Auditor-General pursuant thereto;
(g)
the duty to report annually to the National Assembly on the exercise of his or her powers and functions.
Article 92 - Powers of Investigation
The powers of the Ombudsman shall be defined by Act of Parliament and shall include the power:

(a)
to issue subpoenas requiring the attendance of any person before the Ombudsman and the production of any document or record relevant to any investigation by the Ombudsman;

(b)
to cause any person contemptuous of any such subpoena to be prosecuted before a competent Court;

(c)
to question any person;

(d)
to require any person to cooperate with the Ombudsman and to disclose truthfully and frankly any information within his or her knowledge relevant to any investigation of the Ombudsman.
Article 93 - Meaning of "Official"
For the purposes of this Chapter the word "official" shall, unless the context otherwise indicates, include any elected or appointed official or employee of any organ of the central or local Government, any official of a para-statal enterprise owned or managed or controlled by the State, or in which the State or the Government has substantial interest, or any officer of the defence force, the police force or the prison service, but shall not include a Judge of the Supreme Court or the High Court or, in so far as a complaint concerns the performance of a judicial function, any other judicial officer.
Article 94 - Removal from Office
(1)
The Ombudsman may be removed from office before the expiry of his or her term of office by the President acting on the recommendation of the Judicial Service Commission.
(2)
The Ombudsman may only be removed from office on the ground of mental incapacity or for gross misconduct, and in accordance with the provisions of Sub-Article (3) hereof.
(3)
The Judicial Service Commission shall investigate whether or not the Ombudsman shall be removed from office on the grounds referred to in SubArticle (2) hereof and, if it decides that the Ombudsman shall be removed, it shall inform the President of its recommendation.
(4)
While investigations are being carried out into the necessity of the removal of the Ombudsman in terms of this Article, the President may, on the recommendation of the Judicial Service Commission and, pending the outcome of such investigations and recommendation, suspend the Ombudsman from office.

Namibian Constitution Chapter 11 Principles of State Policy

Principles of State Policy
Article 95 - Promotion of the Welfare of the People
The State shall actively promote and maintain the welfare of the people by adopting, inter alia, policies aimed at the following:
(a)
enactment of legislation to ensure equality of opportunity for women, to enable them to participate fully in all spheres of Namibian society; in particular, the Government shall ensure the implementation of the principle of non-discrimination in remuneration of men and women; further, the Government shall seek, through appropriate legislation, to provide maternity and related benefits for women;
(b)
enactment of legislation to ensure that the health and strength of the workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter vocations unsuited to their age and strength;
(c)
active encouragement of the formation of independent trade unions to protect workers' rights and interests, and to promote sound labour relations and fair employment practices;
(d)
membership of the International Labour Organisation (ILO) and, where possible, adherence to and action in accordance with the international Conventions and Recommendations of the ILO;
(e)
ensurance that every citizen has a right to fair and reasonable access to public facilities and services in accordance with the law;
(f)
ensurance that senior citizens are entitled to and do receive a regular pension adequate for the maintenance of a decent standard of living and the enjoyment of social and cultural opportunities;
(g)
enactment of legislation to ensure that the unemployed, the incapacitated, the indigent and the disadvantaged are accorded such social benefits and amenities as are determined by Parliament to be just and affordable with due regard to the resources of the State;
(h)
a legal system seeking to promote justice on the basis of equal opportunity by providing free legal aid in defined cases with due regard to the resources of the State;
(i)
ensurance that workers are paid a living wage adequate for the maintenance of a decent standard of living and the enjoyment of social and cultural opportunities;
(j)
consistent planning to raise and maintain an acceptable level of nutrition and standard of living of the Namibian people and to improve public health;
(k)
encouragement of the mass of the population through education and other activities and through their organisations to influence Government policy by debating its decisions;
(I)
maintenance of ecosystems, essential ecological processes and biological diversity of Namibia and utilization of living natural resources on a sustainable basis for the benefit of all Namibians, both present and future; in particular, the Government shall provide measures against the dumping or recycling of foreign nuclear and toxic waste on Namibian territory.
Article 96 - Foreign Relations
The State shall endeavour to ensure that in its international relations it:
(a)
adopts and maintains a policy of non-alignment;
(b)
promotes international co-operation, peace and security;
(c)
creates and maintains just and mutually beneficial relations among nations;
(d)
fosters respect for international law and treaty obligations;
(e)
encourages the settlement of international disputes by peaceful means.
Article 97 - Asylum
The State shall, where it is reasonable to do so, grant asylum to persons who reasonably fear persecution on the ground of their political beliefs, race, religion or membership of a particular social group.
Article 98 - Principles of Economic Order
(1)
The economic order of Namibia shall be based on the principles of a mixed economy with the objective of securing economic growth, prosperity and a life of human dignity for all Namibians.
(2)
The Namibian economy shall be based, inter alia, on the following forms of ownership:

(a)
public;

(b)
private;

(c)
joint public-private;

(d)
cc-operative;

(e)
co-ownersnip;

(f)
small-scale family.
Article 99 - Foreign Investments
Foreign investments shall be encouraged within Namibia subject to the provisions of an Investment Code to be adopted by Parliament.
Article 100 - Sovereign Ownership of Natural Resources
Land, water and natural resources below and above the surface of the land and in the continental shelf and within the territorial waters and the exclusive economic zone of Namibia shall belong to the State if they are not otherwise lawfully owned.
Article 101 - Application of the Principles contained in this Chapter
The principles of state policy contained in this Chapter shall not of and by themselves be legally enforceable by any Court, but shall nevertheless guide the Government in making and applying laws to give effect to the fundamental objectives of the said principles. The Courts are entitled to have regard to the said principles in interpreting any laws based on them.

Namibian Constitution Chapter 12 Regional and Local Government

Regional and Local Government
Article 102 - Structures of Regional and Local Government
(1)
For purposes of regional and local government, Namibia shall be divided into regional and local units, which shall consist of such region and Local Authorities as may be determined and defined by Act of Parliament.
(2)
The delineation of the,boundaries of the regions and Local Authorities referred to in Sub-Article (1) hereof shall be geographical only, without any reference to the race, colour or ethnic origin of the inhabitants of such areas.
(3)
Every organ of regional and local government shall have a Council as the principal governing body, freely elected in accordance with this Constitution and the Act of Parliament referred to in Sub-Article (1) hereof, with an executive and administration which shall carry out all lawful resolutions and policies of such Council, subject to this Constitution and any other relevant laws.
(4)
For the purposes of this Chapter, a Local Authority shall include all municipalities, communities, village councils and other organs of local government defined and constituted by Act of Parliament.
(5)
There shall be a Council of Traditional Leaders to be established in terms of an Act of Parliament in order to advise the President on the control and utilization of communal land and on all such other matters as may be referred to it by the President for advice.
Article 103 - Establishment of Regional Councils
(1)
The boundaries of regions shall be determined by a Delimitation Commission in accordance with the principles set out in Article 102 (2) hereof.
(2)
The boundaries of regions may be changed from time to time and new regions may be created from time to time, but only in accordance with the recommendations of the Delimitation Commission.
(3)
A Regional Council shall be established for every region the boundaries of which have been determined in accordance with Sub-Articles (1) and (2) hereof.
Article 104 - The Delimitation Commission
(1)
The Delimitation Commission shall consist of a Chairperson who shall be a Judge of the Supreme Court or the High Court, and two other persons to be appointed by the President with the approval of Parliament.
(2)
The Delimitation Commission shall discharge its duties in accordance with the provisions of an Act of Parliament and this Constitution, and shall report theron to the President.
Article 105 - Composition of Regional Councils
Every Regional Council shall consist of a number of persons determined by the Delimitation Commission for the particular region for which that Regional Council has been established, and who are qualified to be elected to the National Council.
Article 106 - Regional Council Elections
(1)
Each region shall be divided into constituencies the boundaries of which shall be fixed by the Delimitation Commission in accordance with the provisions of an Act of Parliament and this Constitution: provided that there shall be no fewer than six (6) and no more than twelve (12) constituencies in each region.
(2)
Each constituency shall elect one member to the Regional Council for the region in which it is situated.
(3)
The elections shall be by secret ballot to be conducted in accordance with the provisions of an Act of Parliament, and the candidate receiving the most votes in any constituency shall be the elected member of the Regional Council for that constituency.
(4)
All Regional Council elections for the various regions of Namibia shall be held on the same day.
(5)
The date for Regional Council elections shall be determined by the President by Proclamation in the Gazette.
Article 107 - Remuneration of Members of Regional Councils
The remuneration and allowances to be paid to members of Regional Councils shall be determined by Act of Parliament.
Article 108 - Powers of Regional Councils
Regional Councils shall have the following powers:
(a)
to elect members to the National Council;
(b)
to exercise within the region for which they have been constituted such executive powers and to perform such duties in connection therewith as may be assigned to them by Act of Parliament and as may be delegated to them by the President;
(c)
to raise revenue, or share in the revenue raised by the central Government within the regions for which they have been established, as may be determined by Act of Parliament;
(d)
to exercise powers, perform any other functions and make such by-laws or regulations as may be determined by Act of Parliament.
Article 109 - Management Committees
(1)
Each Regional Council shall elect from amongst its members a Management Committee, which shall be vested with executive powers in accordance with the provisions of an Act of Parliament.
(2)
The Management Committee shall have a Chairperson to be elected by the members of the Regional Council at the time that they elect the Management Committee, and such Chairperson shall preside at meetings of his or her Regional Council.
(3)
The Chairperson and the members of the Management Committee shall hold office for three (3) years and shall be eligible for re-election.
Article 110 - Administration and Functioning of Regional Councils
The holding and conducting of meetings of Regional Councils, the filling of casual vacancies on Regional Councils and the employment of officials by the Regional Councils, as well as all other matters dealing with or incidental to the administration and functioning of Regional Councils, shall be determined by Act of Parliament.
Article 111 - Local Authorities
(1)
Local Authorities shall be established in accordance with the provisions of Article 102 hereof.
(2)
The boundaries of Local Authorities, the election of Councils to administer the affairs of Local Authorities, the method of electing persons to Local Authority Councils, the methods of raising revenue for Local Authorities, the remuneration of Local Authority Councillors and all other matters dealing with or incidental to the administration and functioning of Local Authorities, shall be determined by Act of Parliament.
(3)
Persons shall be qualified to vote in elections for Local Authority Councils if such persons have been resident within the jurisdiction of a Local Authority for not less than one (1) year immediately prior to such election and if such persons are qualified to vote in elections for the National Assembly.
(4)
Different provisions may be made by the Act of Parliament referred to in Sub-Article (2) hereof in regard to different types of Local Authorities.
(5)
All by-laws or regulations made by Local Authorities pursuant to powers vested in them by Act of Parliament shall be tabled in the National Assembly and shall cease to be of force if a resolution to that effect is passed by the National Assembly.

Namibian Constitution Chapter 13 The Public Service Commission

The Public Service Commission
Article 112 - Establishment
(1)
There shall be established a Public Service Commission which shall have the function of advising the President on the matters referred to in Article 113 hereof and of reporting to the National Assembly thereon.
(2)
The Public Service Commission shall be independent and act impartially.
(3)
The Public Service Commission shall consist of a Chairperson and no fewer than three (3) and no more than six (6) other persons nominated by the President and appointed by the National Assembly by resolution.
(4)
Every member of the Public Service Commission shall be entitled to serve on such Commission for a period of five (5) years unless lawfully removed before the expiry of that period for good and sufficient reasons in terms of this Constitution and procedures to be prescribed by Act of Parliament. Every member of the Public Service Commission shall be eligible for reappointment.
Article 113 - Functions
The functions of the Public Service Commission shall be defined by Act of Parliament and shall include the power:
(a)
to advise the President and the Government or:

(aa)
the appointment of suitable persons to specified categories of employment in the public service, with special regard to the balanced structuring thereof;

(bb)
the exercise of adequate disciplinary control over such persons in order to assure the fair administration of personnel policy;

(cc)
the remuneration and the retirement benefits of any such persons;

(dd)
all other matters which by law pertain to the public service;
(b)
to perform all functions assigned to it by Act of Parliament;
(c)
to advise the President on the identity, availability and suitability of persons to be appointed by the President to offices in terms of this Constitution or any other law.

Namibian Constitution Chapter 14 The Security Commission

The Security Commission
Article 114 - Establishment and Functions
(1)
There shall be a Security Commission which shall have the function of making recommendations to the President on the appointment of the Chief of the Defence Force, the Inspector-General of Police and the Commissioner of Prisons and such other functions as may be assigned to it by Act of Parliament.
(2)
The Security Commission shall consist of the Chairperson of the Public Service Commission, the Chief of the Defence Force, the Inspector-General of Police, the Commissioner of Prisons and two (2) members of the National Assembly. appointed by the President on the recommendation of the National Assembly.

Namibian Constitution Chapter 15 The Police and Defence Forces and The Prison Service

The Police and Defence Forces and The Prison Service
Article 115 - Establishment of the Police Force
There shall be established by Act of Parliament a Namibian police force with prescribed powers, duties and procedures in order to secure the internal security of Namibia and to maintain law and order.
Article 116 - The Inspector-General of Police
(1)
There shall be an Inspector-General of Police who shall be appointed by the President in terms of Article 32 (4)(c)(bb) hereof.
(2)
The Inspector-General of Police shall make provision for a balanced structuring of the police force and shall have the power to make suitable appointments to the police force, to cause charges of indiscipline among members of the police force to be investigated and prosecuted and to ensure the efficient administration of the police force.
Article 117 - Removal of the Inspector-General of Police
The President may remove the inspector-General of Police from office for good cause and in the public interest and in accordance with the provisions of any Act of Parliament which may prescribe procedures considered to be expedient for this purpose.
Article 118 - Establishment of the Defence Force
(1)
There shall be established by Act of Parliament a Namibian Defence Force with prescribed composition, powers, duties and procedures, in order to defend the territory and national interests of Namibia.
(2)
The President shall be the Commander-in-Chief of the Defence Force and shall have all the powers and exercise all the functions necessary for that purpose.
Article 119 - Chief of the Defence Force
(1)
There shall be a Chief of the Defence Force who shall be appointed by the President in terms of Article 32(4)(c)(aa) hereof.
(2)
The Chief of the Defence Force shall make provision for a balanced structuring of the defence force and shall have the power to make suitable appointments to the defence force, to cause charges of indiscipline among members of the defence force to be investigated and prosecuted and to ensure the efficient administration of the defence force.
Article 120 - Removal of the Chief of the Defence Force
The President may remove the Chief of the Defence Force from office for good cause and in the public interest and in accordance with the provisions of any Act of Parliament which may prescribe procedures considered to be expedient for this purpose.
Article 121 - Establishment of the Prison Service
There shall be established by Act of Parliament a Namibian prison service with prescribed powers, duties and procedures.
Article 122 - Commissioner of Prisons
(1)
There shall be a Commissioner of Prisons who shall be appointed by the President in terms of Article 32(4)(c)(cc) hereof.
(2)
The Commissioner of Prisons shall make provision for a balanced structuring of the prison service and shall have the power to make suitable appointments to the prison service, to cause charges of indiscipline among members of the prison service to be investigated and prosecuted and to ensure the efficient administration of the prison service.
Article 123 - Removal of the Commissioner of Prisons
The President may remove the Commissioner of Prisons from office for good cause and in the public interest and in accordance with the provisions of any Act of Parliament which may prescribe procedures considered to be expedient for this purpose.

Namibian Constitution Chapter 16 Finance

Finance
Article 124 - Transfer of Government Assets
The assets mentioned in Schedule 5 hereof shall vest in the Government of Namibia on the date of Independence.
Article 125 - The State Revenue Fund
(1)
The Central Revenue Fund of the mandated territory of South West Africa instituted in terms of Section 3 of the Exchequer and Audit Proclamation, 1979 (Proclamation 85 of 1979) and Section 31(1) of Proclamation R101 of 1985 shall continue as the State Revenue Fund of the Republic of Namibia.
(2)
All income accruing to the central Government shall be deposited in the State Revenue Fund and the authority to dispose thereof shall vest in the Government of Namibia.
(3)
Nothing contained in Sub-Article (2) hereof shall preclude the enactment of any law or the application of any law which provides that:

(a)
the Government shall pay any particular monies accruing to it into a fund designated for a special purpose; or

(b)
any body or institution to which any monies accruing to the State have been paid, may retain such monies or portions thereof for the purpose of defraying the expenses of such body or institution; or

(c)
where necessary, subsidies be allocated to regional and Local Authorities.
(4)
No money shall be withdrawn from the State Revenue Fund except in accordance with an Act of Parliament.
(5)
No body or person other than the Government shall have the power to withdraw monies from the State Revenue Fund.
Article 126 - Appropriations
(1)
The Minister in charge of the Department of Finance shall, at least once every year and thereafter at such interim stages as may be necessary, present for the consideration of the National Assembly estimates of revenue, expenditure and income for the prospective financial year.
(2)
The National Assembly shall consider such estimates and pass pursuant thereto such Appropriation Acts as are in its opinion necessary to meet the financial requirements of the State from time to time.
Article 127 - The Auditor-General
(1)
There shall be an Auditor-General appointed by the President on the recommendation of the Public Service Commission and with the approval of the National Assembly. The Auditor-General shall hold office for five (5) years unless removed earlier under Sub-Article (4) hereof or unless he or she resigns. The Auditor-General shall be eligible for reappointment.
(2)
The Auditor-General shall audit the State Revenue Fund and shall perform all other functions assigned to him or her by the Government or by Act of Parliament and shall report annually to the National Assembly thereon.
(3)
The Auditor-General shall not be a member of the public service.
(4)
The Auditor-General shall not be removed from office unless a two-thirds majority of all the members of the National Assembly vote for such removal on the ground of mental incapacity or gross misconduct.

Namibian Constitution Chapter 17 Central Bank and National Planning Commission

Central Bank and National Planning Commission
Article 128 - The Central Bank
(1)
There shall be established by Act of Parliament a Central Bank of the Republic of Namibia which shall serve as the State's principal instrument to control the money supply, the currency and the institutions of finance, and to perform all other functions ordinarily performed by a central bank.
(2)
The Governing Board of the Central Bank shall consist of a Governor, a Deputy-Governor and such other members of the Board as shall be prescribed by Act of Parliament, and all members of the Board shall be appointed by the President in accordance with procedures prescribed by such Act of Parliament.
Article 129 - The National Planning Commission
(1)
There shall be established in the office of the President a National Planning Commission, whose task shall be to plan the priorities and direction of national development.
(2)
There shall be a Director-General of Planning appointed by the President in terms of Article 32(3)(i)(dd) hereof, who shall be the head of the National Planning Commission and the principal adviser to the President in regard to all matters pertaining to economic planning and who shall attend Cabinet meetings at the request of the President.
(3)
The membership, powers, functions and personnel of the National Planning Commission shall be regulated by Act of Parliament.

Namibian Constitution Chapter 18 Coming into Force of the Constitution

Coming into Force of the Constitution
Article 130 Coming into Force of the Constitution
This Constitution as adopted by the Constituent Assembly shall come into force on the date
of Independence.

Namibian Constitution Chapter 19 Amendment of the Constitution

Amendment of the Constitution
Article 131 - Entrenchment of Fundamental Rights and Freedoms
No repeal or amendment of any of the provisions of Chapter 3 hereof, in so far as such repeal or amendment diminishes or detracts from the fundamental rights and freedoms contained and defined in that Chapter, shall be permissible under this Constitution, and no such purported repeal or amendment shall be valid or have any force or effect.
Article 132 - Repeal and Amendment of the Constitution
(1)
Any bill seeking to repeal or amend any provision of this Constitution shall indicate the proposed repeals and/or amendments with reference to the specific Articles sought to be repealed and/or amended and shall not deal with any matter other than the proposed repeals or amendments.
(2)
The majorities required in Parliament for the repeal and/or amendment of any of the provisions of this Constitution shall be:

(a)
two-thirds of all the members of the National Assembly; and

(b)
two-thirds of all the members of the National Council.
(3)
(a)
Notwithstanding the provisions of Sub-Article (2) hereof, if a bill proposing a repeal and/or amendment of any of the provisions of this Constitution secures a majority of two-thirds of all the members of the National Assembly, but fails to secure a majority of two-thirds of all the members of the National Council, the President may by Proclamation make the bill containing the proposed repeals and/or amendments the subject of a national referendum.

(b)
The national referendum referred to in Sub-Article (a) hereof shall be conducted in accordance with procedures prescribed for the holding of referenda by Act of Parliament.

(c)
If upon the holding of such a referendum the bill containing the proposed repeals and/or amendments is approved by a two-thirds majority of·all the votes cast in the referendum, the bill shall be deemed to have been passed in accordance with the provisions of this Constitution, and the President shall deal with it in terms of Article 56 hereof.
(4)
No repeal or amendment of this Sub-Article or Sub-Articles (2) or (3) hereof in so far as it seeks to diminish or detract from the majorities required in Parliament or in a referendum shall be permissible under this Constitution, and no such purported repeal or amendment shall be valid or have any force or effect.
(5)
Nothing contained in this Article:

(a)
shall detract in any way from the entrenchment provided for in Article 131 hereof of the fundamental rights and freedoms contained and defined in Chapter 3 hereof;

(b)
shall prevent Parliament from changing its own composition or structures by amending or repealing any of the provisions of this Constitution: provided always that such repeals or amendments are effected in accordance with the provisions of this Constitution.

Namibian Constitution Chapter 20 The Law in Force and Transitional Provisions

The Law in Force and Transitional Provisions
Article 133 - The First National Assembly
Notwithstanding the provisions of Article 46 hereof, the Constituent Assembly shall be deemed to have been elected under Articles 46 and 49 hereof, and shall constitute the first National Assembly of Namibia, and its term of office and that of the President shall be deemed to have begun from the date of Independence.
Article 134 - Election of the First President
(1)
Notwithstanding the provisions of Article 28 hereof, the first President of Namibia shall be the person elected to that office by the Constituent Assembly by a simple majority of all its members.
(2)
The first President of Namibia shall be deemed to have been elected under Article 28 hereof and upon assuming office shall have all the powers, functions, duties and immunities of a President elected under that Article.
Article 135 - Implementation of this Constitution
This Constitution shall be implemented in accordance with the provisions of Schedule 7 hereof.
Article 136 - Powers of the National Assembly prior to the Election of a National Council
(1)
Until elections for a National Council have been held:

(a)
all legislation shall be enacted by the National Assembly as if this Constitution had not made provision for a National Council, and Parliament had consisted exclusively of the National Assembly acting on its own without being subject to the review of the National Council;

(b)
this Constitution shall be construed as if no functions had been vested by this Constitution in the National Council;

(c)
any reference in Articles 29, 56, 75 and 132 hereof to the National Council shall be ignored: provided that nothing contained in this Sub-Article shall be construed as limiting in any way the generality of Sub-Articles (a) and (b) hereof.
(2)
Nothing contained in Sub-Article (1) hereof shall detract in any way from the provisions of Chapter 8 or any other provision of this Constitution in so far as they make provision for the establishment of a National Council, elections to the National Council and its functioning after such elections have been held.
Article 137 - Elections of the First Regional Councils and the First National Council
(1)
The President shall by Proclamation establish the first Delimitation Commission which shall be constituted in accordance with the provisions of Article 104 (1) hereof, within six (6) months of the date of Independence.
(2)
Such Proclamation shall provide for those matters which are referred to in Articles 102 to 106 hereof, shall not be inconsistent with this Constitution and shall require the Delimitation Commission to determine boundaries of regions and Local Authorities for the purpose of holding Local Authority and Regional Council elections.
(3)
The Delimitation Commission appointed under such Proclamation shall !orthwith commence its work, and shall report to the President within nine (9) months of its appointment: provided that the National Assembly may by resolution and for good cause extend the period within which such report shall be made.
(4)
Upon receipt of the report of the Delimitation Commission the President shall as soon as reasonably possible thereafter establish by Proclamation the boundaries of regions and Local Authorities in accordance with the terms of the report.
(5)
Elections for Local Authorities in terms of Article 111 hereof shall be held on a date to be fixed by the President by Proclamation, which shall be a date within six (6) months of the Proclamation referred to in Sub-Article (4) hereof, or within six (6) months of the date on which the legislation referred to in Article 111 hereof has been enacted, whichever is the later: provided that the National Assembly may by resolution and for good cause extend the period within which such elections shall be held.
(6)
Elections for Regional Councils shall be held on a date to be fixed by the President by Proclamation, which shall be a date within one (1) month of the date of the elections referred to in Sub-Article (5) hereof, or within one (1) month of the date on which the legislation referred to in Article 106 (3) hereof has been enacted, whichever is the later: provided that the National Assembly may by resolution and for good cause extend the period within which such elections shall be held.
(7)
Elections for the first National Council shall be held on a date to be fixed by the President by Proclamation, which shall be a date within one (1) month of the date of the elections referred to in Sub-Article (6) hereof, or within one (1) month of the date on which the legislation referred to in Article 69(2) hereof has been enacted, whichever is the later: provided that the National Assembly may by resolution and for good cause extend the period within which such elections shall be held.
Article 138 - Courts and Pending Actions
(1)
The Judge-President and other Judges of the Supreme Court of South-West Africa holding office at the date on which this Constitution is adopted by the Constituent Assembly shall be deemed to have been appointed as the Judge-President and Judges of the High Court of Namibia under Article 82 hereof on the date of Independence, and upon making the oath or affirmation of office in the terms set out in Schedule 1 hereof, shall become the first Judge-President and Judges of the High Court of Namibia: provided that if the Judge-President or any such Judges are sixty-five (65) years of age or older on such date, it shall be deemed that their appointments have been extended until the age of seventy (70) in terms of Article 82(4) hereof.
(2)
(a)
The laws in force immediately prior to the date of Independence governing the jurisdiction of Courts within Namibia, the right of audience before such Courts, the manner in which procedure in such Courts shall be conducted and the power and authority of the Judges, Magistrates and other judicial officers, shall remain in force until repealed or amended by Act of Parliament, and all proceedings pending in such Courts at the date of Independence shall be continued as if such Courts had been duly constituted as Courts of the Republic of Namibia when the proceedings were instituted.

(b)
Any appeal noted to the Appellate Division of the Supreme Court of South Africa against any judgment or order of the Supreme Court of South-West Africa shall be deemed to have been noted to the Supreme Court of Namibia and shall be prosecuted before such Court as if that judgment or order appealed against had been made by the High Court of Namibia and the appeal had been noted to the Supreme Court of Namibia.

(c)
All criminal prosecutions initiated in Courts within Namibia prior to the date of Independence shall be continued as if such prosecutions had been initiated after the date of Independence in Courts of the Republic of Namibia.

(d)
All crimes committed in Namibia prior to the date of Independence which would be crimes according to the law of the Republic of Namibia if it had then existed, shall be deemed to constitute crimes according to the law of the Republic of Namibia, and to be punishable as such in and by the Courts of the Republic of Namibia.
(3)
Pending the enactment of the legislation contemplated by Article 79 hereof:

(a)
the Supreme Court shall have the same jurisdiction to hear and determine appeals from Courts in Namibia as was previously vested in the Appellate Division of the Supreme Court of South Africa;

(b)
the Supreme Court shall have jurisdiction to hear and determine matters referred to it for a decision by the Attorney-General under this Constitution;

(c)
all persons having the right of audience before the High Court shall have the right of audience before the Supreme Court;

(d)
three (3) Judges shall constitute a quorum of the Supreme Court when it hears appeals or deals with matters under Sub-Articles (a) and (b) hereof: provided that if any such Judge dies or becomes unable to act after the hearing of the appeal or such matter has commenced, but prior to judgment, the law applicable in such circumstances to the death or inability of a Judge of the High Court shall apply mutatis mutandis;

(c)
until rules of the Supreme Court are made by the Chief Justice for the noting and prosecution of appeals and all matters incidental thereto, the rules which regulated appeals from the Supreme Court of South-West Africa to the Appellate Division of the Supreme Court of South Africa, and were in force immediately prior to the date of Independence, shall apply mutatis mutandis.
Article 139 - The Judicial Service Commission
(1)
Pending the enactment of legislation as contemplated by Article 85 hereof and the appointment of a Judicial Service Commission thereunder, the Judicial Service Commission shall be appointed by the President by Proclamation and shall consist of the Chief Justice, a Judge appointed by the President, the Attorney-General, an advocate nominated by the Bar Council of Namibia and an attorney nominated by the Council of the Law Society of South-West Africa: provided that until the first Chief Justice has been appointed, the President shall appoint a second Judge to be a member of the Judicial Service Commission who shall hold office thereon until the Chief Justice has been appointed. The Judicial Service Commission shall elect from amongst its members at its first meeting the person to preside at its meetings until the Chief Justice has been appointed. The first task of the Judicial Service Commission shall be to make a recommendation to the President with regard to the appointment of the first Chief Justice.
(2)
Save as aforesaid the provisions of Article 85 hereof shall apply to the functioning of the Judicial Service Commission appointed under Sub-Article (1) hereof, which shall have all the powers vested in the Judicial Service Commission by this Constitution.
Article 140 - The Law in Force at the Date of Independence
(1)
Subject to the provisions of this Constitution, all laws which were in force immediately before the date of Independence shall remain in force until repealed or amended by Act of Parliament or until they are declared unconstitutional by a competent Court.
(2)
Any powers vested by such laws in the Government, or in a Minister or other official of the Republic of South Africa shall be deemed to vest in the Government of the Republic of Namibia or in a corresponding Minister or official of the Government of the Republic of Namibia, and all powers, duties and functions which so vested in the Government Service Commission, shall vest in the Public Service Commission referred to in Article 112 hereof.
(3)
Anything done under such laws prior to the date of Independence by the Government, or by a Minister or other official of the Republic of South Africa shall be deemed to have been done by the Government of the Republic of Namibia or by a corresponding Minister or official of the Government of the Republic of Namibia, unless such action is subsequently repudiated by an Act of Parliament, and anything so done by the Government Service Commission shall be deemed to have been done by the Public Service Commission referred to in Article 112 hereof, unless it is determined otherwise by an Act of Parliament.
(4)
Any reference in such laws to the President, the Government, a Minister or other official or institution in the Republic of South Africa shall be deemed to be a reference to the President of Namibia or to a corresponding Minister, official or institution in the Republic of Namibia and any reference to the Government Service Commission or the government service, shall be construed as a reference to the Public Service Commission referred to in Article 112 hereof or the public service of Namibia.
(5)
For the purposes of this Article the Government of the Republic of South Africa shall be deemed to include the Administration of the Administrator-General appointed by the Government of South Africa to administer Namibia, and any reference to the Administrator-GeneraI in legislation enacted by such Administration shall be deemed to be a reference to the President of Namibia, and any reference to a Minister or official of such Administration shall be deemed to be a reference to a corresponding Minister or official of the Government of the Republic of Namibia.
Article 141 - Existing Appointments
(1)
Subject to the provisions of this Constitution, any person holding office under any law in force on the date of Independence shall continue to hold such office unless and until he or she resigns or is retired, transferred or removed from office in accordance with law.
(2)
Any reference to the Attorney-General in legislation in force immediately prior to the date of Independence shall be deemed to be a reference to the Prosecutor-General, who shall exercise his or her functions in accordance with this Constitution.
Article 142 - Appointment of the First Chief of the Defence Force, the First Inspector-General of Police and the First Commissioner of Prisons
The President shall, in consultation with the leaders of all political parties represented in the National Assembly, appoint by Proclamation the first Chief of the Defence Force, the first Inspector-General of Police and the first Commissioner of Prisons.
Article 143 - Existing International Agreements
All existing international agreements binding upon Namibia shall remain in force, unless and until the National Assembly acting under Article 63(2)(d) hereof otherwise decides.

Namibian Constitution Chapter 21 Final Provisions

Final Provisions
Article 144 - International Law
Unless otherwise provided by this Constitution or Act of Parliament, the general rules of public international law and international agreements binding upon Namibia under this Constitution shall form part of the law of Namibia.
Article 145 - Saving
(1)
Nothing contained in this Constitution shall be construed as imposing upon the Government of Namibia:

(a)
any obligations to any other State which would not otherwise have existed under international law;

(b)
any obligations to any person arising out of the acts or contracts of prior Administrations which would not otherwise have been recognised by international law as binding upon the Republic of Namibia.
(2)
Nothing contained in this Constitution shall be construed as recognising in any way the validity of the Administration of Namibia by the Government of the Republic of South Africa or by the Administrator-General appointed by the Government of the Republic of South Africa to administer Namibia.
Article 146 - Definitions
(1)
Unless the context otherwise indicates, any word or expression in this Constitution shall bear the meaning given to such word or expression in any law which deals with the interpretation of statutes and which was in operation within the territory of Namibia prior to the date of Independence.
(2)
(a)
The word "Parliament" shall mean the National Assembly and, once the first National Council has been elected, shall mean the National Assembly acting, when so required by this Constitution, subject to the review of the National Council.

(b)
Any reference to the plural shall include the singular and any reference to the singlular shall include the plural.

(c)
Any reference to the "date of Independence" or "Independence" shall be deemed to be a reference to the day as of which Namibia is declared to be independent by the Constituent Assembly.

(d)
Any reference to the "Constituent Assembly" shall be deemed to be a reference to the Constituent Assembly elected for Namibia during November 1989 as contemplated by United Nations Security Council Resolution 435 of 1978.

(e)
Any reference to "Gazette" shall be deemed to be a reference to the Government Gazette of the Republic of Namibia.
Article 147 - Repeal of Laws
The laws set out in Schedule 8 hereof are hereby repealed.
Article 148 - Short Title
This Constitution shall be called the Namibian Constitution.

Namibian Constitution First Amendment Act, 1998

ACT
To
amend the Namibian Constitution so as to provide that the first President of Namibia may hold office as President for three terms, and to provide for incidental matters.

(Signed by the President on 7 December 1998)

BE IT ENACTED by the Parliament of the Republic of Namibia, in accordance with the requirements of Article 132 of the Namibian Constitution, as follows:-

Amendment of Article 134 of the Namibian Constitution

1.
Article 134 of the Namibian Constitution is amended by the addition of the following Sub-Article:

"(3)
Notwithstanding Article 29(3), the first President of the Republic of Namibia may hold office as President for three terms"
Short title

2.
This Act shall be called the Namibian Constitution First Amendment Act, 1998

Namibian Constitution SCHEDULE 1 Oath / Affirmation Of Judges

SCHEDULE 1

Oath / Affirmation Of Judges
"I,................................ do hereby swear/solemnly affirm that as a Judge of the Republic of Namibia I will defend and uphold the Constitution of the Republic of Namibia as the Supreme Law and will fearlessly administer justice to all persons without favour or prejudice and in accordance with the laws of the Republic of Namibia.
(in the case of an oath)
So help me God."

Namibian Constitution SCHEDULE 2 Oath / Affirmation of Ministers and Deputy-Ministers

SCHEDULE 2

Oath / Affirmation of Ministers and Deputy-Ministers
"I,.................................... do hereby swear/solemnly affirm that I will be faithful to the Republic of Namibia, hold my office as Minister/Deputy-Minister with honour and dignity, uphold, protect and defend the Constitution and faithfully obey, execute and administer the laws of the Republic of Namibia, serve the people of Namibia to the best of my ability, not divulge directly or indirectly any matters brought before the Cabinet and entrusted to me under secrecy, and perform the duties of my office and the functions entrusted to me by the President conscientiously and to the best of my ability.
(in the case of an oath)
So help me God."

Namibian Constitution SCHEDULE 3 Oath / Affirmation of Members of the National Assembly and the National Council

SCHEDULE 3

Oath / Affirmation of Members of the National Assembly and the National Council
"I,.................................... do hereby swear/solemnly affirm that I will be faithful to the Republic of Namibia and its people and I solemnly promise to uphold and defend the Constitution and laws of the Republic of Namibia to the best of my ability.
(in the case of an oath)
So help me God."

Namibian Constitution SCHEDULE 4 Election of Members of the National Assembly

SCHEDULE 4

Election of Members of the National Assembly
(1)
For the purpose of filling the seventy-two (72) seats in the National Assembly pursuant to the provisions of Article 46 (1)(a) hereof, the total number of votes cast in a general election for these seats shall be divided by seventy-two (72) and the result shall constitute the quota of votes per seat.
(2)
The total number of votes cast in favour of a registered political party which offers itself for this purpose shall be divided by the quota of votes per seat and the result shall, subject to paragraph (3), constitute the number of seats to which that political party shall be entitled in the National Assembly.
(3)
Where the formula set out in paragraph (2) yields a surplus fraction not absorbed by the number of seats allocated to the political party concerned, such surplus shall compete with other similar surpluses accruing to any other political party or parties participating in the election, and any undistributed seat or seats (in terms of the formula set out in paragraph (2)) shall be awarded to the party or parties concerned in sequence of the highest surplus.
(4)
Subject to the requirements pertaining to the qualification of members of the National Assembly, a political party which qualifies for seats in terms of paragraphs (2) and (3) shall be free to choose in its own discretion which persons to nominate as members of the National Assembly to fill the said seats.
(5)
Provision shall be made by Act of Parliament for all parties participating in an election of members of the National Assembly to be represented at all material stages of the election process and to be afforded a reasonable opportunity for scrutinising the counting of the votes cast in such election.

Namibian Constitution SCHEDULE 5 Property vesting in The Government of Namibia

SCHEDULE 5

Property vesting in The Government of Namibia
(1)
All property of which the ownership or control immediately prior to the date of Independence vested in the Government of the Territory of South West Africa, or in any Representative Authority constituted in terms of the Representative Authorities Proclamation, 1980 (Proclamation AG 8 of 1980), or in the Government of Rehoboth, or in any other body, statutory or otherwise, constituted by or for the benefit of any such Government or Authority immediately prior to the date of Independence, or which was held in trust for or on behalf of the Government of an independent Namibia, shall vest in or be under the control of the Government of Namibia.
(2)
For the purpose of this Schedule, "property" shall, without detracting from the generality of that term as generally accepted and understood, mean and include movable and immovable property, whether corporeal or incorporeal and wheresoever situate, and shall include any right or interest therein.
(3)
All such immovable property shall be transferred to the Government of Namibia without payment of transfer duty, stamp duty or any other fee or charge, but subject to any existing right, charge, obligation or trust on or over such property and subject also to the provisions of this Constitution.
(4)
The Registrar of Deeds concerned shall upon production to him or her of the title deed to any immovable property mentioned in paragraph (1) endorse such title deed to the effect that the immovable property therein described is vested in the Government of Namibia and shall make the necessary entries in his or her registers, and thereupon the said title deed shall serve and avail for all purposes as proof of the title of the Government of Namibia to the said property.

Namibian Constitution SCHEDULE 6 The National Flag of The Republic of Namibia

SCHEDULE 6

The National Flag of The Republic of Namibia
The National Flag of Namibia shall be rectangular in the proportion of three in the length to two in the width, tierced per bend reversed, blue, white and green; the white bend reversed, which shall be one third of the width of the flag, is charged with another of red, one quarter of the width of the flag. In the upper hoist there shall be a gold sun with twelve straight rays, the diameter of which shall be one third of the width of the flag, with its vertical axis one fifth of the distance from the hoist, positioned equidistant from the top edge and from the reversed bend. The rays, which shall each be two fifths of the radius of the sun, issue from the outer edge of a blue ring, which shall be one tenth of the radius of the sun.

Namibian Constitution SCHEDULE 7 Implementation of this Constitution

SCHEDULE 7

Implementation of this Constitution
1.
On the day of Independence, the Secretary-General of the United Nations shall administer to the President, elected in terms of Article 134 hereof, the oath or affirmation prescribed by Article 30 hereof.
2.
The President shall appoint the Prime Minister and administer to him or her the oath or affirmation set out in Schedule 2 hereof.
3.
The President shall administer to the first Judges of Namibia, appointed under Article 138(1) hereof, the oath or affirmation set out in Schedule 1 hereof.
4.
On the day determined by the Constituent Assembly the National Assembly shall first meet, at a time and at a place specified by the Prime Minister.
5.
The members of the National Assembly, with the Prime Minister as Chairperson, shall:

(a)
take the oath or affirmation prescribed by Article 55 hereof before the Judge-President or a Judge designated by the JudgePresident for this purpose;

(b)
elect the Speaker of the National Assembly.
6.
The National Assembly, with the Speaker as Chairperson, shall:

(a)
elect a Deputy-Speaker;

(b)
conduct such business as it deems appropriate;

(c)
adjourn to a date to be determined by the National Assembly.
7.
The rules and procedures followed by the Constituent Assembly for the holding of its meetings shall, mutatis mutandis, be the rules and procedures to be followed by the National Assembly until such time as the National Assembly has adopted rules of procedure and standing orders under Article 59 hereof.

Namibian Constitution SCHEDULE 8 Repeal Of Laws

SCHEDULE 8

Repeal Of Laws
South-West Africa Constitution Act, 1968 (Act No. 39 of 1968)
Rehoboth Self-Government Act, 1978 (Act No. 56 of 1976)
Establishment of Office of Administrator-GeneraI for the Territory of SouthWest Africa Proclamation, 1977 (Proclamation No. 180 of 1977 of the State President)
Empowering of the Administrator-GeneraI for the Territory of South-West Africa to make Laws Proclamation, 1977 (Proclamation No. 181 of 1977 of the State President)
Representative Authorities Proclamation, 1980 (Proclamation AG. 8 of 1980)
Representative Authority of the Whites Proclamation, 1980 (Proclamation AG. 12 of 1980)
Representative Authority of the Coloureds Proclamation, 1980 (Proclamation AG. 14 of 1980)
Representative Authority of the Ovambos Proclamation, 1980 (Proclamation AG. 23 of 1980)
Representative Authority of the Kavangos Proclamation, 1980 (Proclamation AG. 26 of 1980)
Representative Authority of the Caprivians Proclamation, 1980 (Proclamation AG. 29 of 1980)
Representative Authority of the Damaras Proclamation, 1980 (Proclamation AG. 32 of 1980)
Representative Authority of the Namas Proclamation, 1980 (Proclamation AG. 35 of 1980)
Representative Authority of the Tswanas Proclamation, 1980 (Proclamation AG. 47 of 1980)
Representative Authority of the Hereros Proclamation, 1980 (Proclamation AG. 50 of 1980)
Representative Authority Powers Transfer Proclamation, 1989 (Proclamation AG. 8 of 1989)
Government of Rehoboth Powers Transfers Proclamation, 1989 (Proclamation AG. 32 of 1989)

Namibian Cities and Towns

Rundu

Rundu is the capital of the Kavango Region, northern Namibia, on the border with Angola on the banks of the Okavango River. Rundu has roughly 76000 inhabitants (2001) and lies about 1000 m above sea level. It is the commercial capital of the Kavango region.
In 1936 it became seat of the local governor and replaced Nkurenkuru as capital of the Kavango district. The town has since grown into a multilingual city of the Kavango region, but its official status is still that of a village
Localities
The oldest houses in Rundu are those in the Katutura area. These houses are mainly 2 bedroom homes with large backyards even though they are situated next to the CBD. On the west is Tutungeni, which means "let's build". This area was previously occupied by executives of the white-dominated businessplace, but now it is open for any willing buyer in need of a quiet neighbourhood. On the East is Safari. This are the middle-priced houses and were built in the 1970s.These three main localities dominated Rundu residential life until the turn of the millennium in 2000, when new housing projects by O'B Davids Properties built a new residential area named Millennium Park. After which two others have been built by the NHE, Queens and Kings Parks respectively.

Informal housing
Outside the formal suburbs shanty towns symbolise the rapid urbanisation of the town and high unemployment rates. Kehemu, Sauyemwa and Ndama are the most informal areas while a fourth, Donkerhoek (Dark Corner) is rapidly becoming formal since the start of the Build Together Campaign in 1992.
Infrastructure
Rundu Airport, mostly used for tourism and cargo, is 5 km southeast of the town.
The Rundu State Hospital is situated in the center of the town, off Markus Siwarongo street. It's the largest hospital in Kavango.
Schools
There are four tertiary Institutions in Rundu, namely Rundu college of Education, Rundu Vocational Training Centre, NAMCOL and Triumphant College. The University of Namibia and Polytechnic of Namibia both maintain centres that provide support for students who are studying on distance. There are five Secondary schools in the town namely, Rundu secondary school, Dr. Alpo Mbamba Secondary School, DR Romanus Kampungu Secondary school, Noordgrens and Kamunoko Secondary school.
Rundu Open Market
Rundu Open Market is the most well-known and biggest open market in the town. It was founded in 1996 through cooperation between the government of Namibia and the government of Luxembourg.

Swakopmund

Swakopmund (German for "Mouth of the Swakop") is a city on the coast of northwestern Namibia, 280 km (175 miles) west of Windhoek, Namibia's capital. It is the capital of the Erongo administrative district. As a seaside resort, the weather is cooler here in December to January (Namibia's summer months) so the territorial administration moves to Swakopmund for these months. Swakopmund's population as of 2007 is approximately 28,552.
Swakopmund is a beach resort and an example of German colonial architecture. It was founded in 1892 as the main harbour for German South-West Africa.
The city lies on the B2 road and the Trans-Namib Railway from Windhoek to Walvis Bay. It is also home to Swakopmund Airport.
Buildings in the city include the Altes Gefängnis prison, designed by Heinrich Bause in 1909. The Wörmannhaus, built in 1906 with a prominent tower, is now a public library.
Attractions in Swakopmund include a Swakopmund Museum, the National Marine Aquarium, a crystal gallery and spectacular sand dunes near Langstrand south of the Swakop River. Outside of the city, the Rossmund Desert Golf Course is one of only 5 all-grass desert golf courses in the world. The city is known for extreme sports. Nearby lies a camel farm and the Martin Luther steam locomotive, dating from 1896 and abandoned in the desert.
Name
The majority of towns and villages in Namibia have grown out of indigenous settlements and very often were located close to sources of water. Names of places given by original inhabitants were very descriptive and in many cases those names were retained by European settlers who sometimes simplified pronunciations of the names. The Nama word "Tsoakhaub" can be translated as "excrement opening" which was an offensive but accurate description of the waters of the Swakop River when it flooded, carrying masses of mud, sand, pieces of vegetation and animal corpses to the Atlantic Ocean.
The Nama name was changed to "Swachaub" by German settlers, and with the proclamation of Swakopmund as an independent district of German South-West Africa in 1896, the present way of writing Swakopmund (meaning Estuary of the Swakop in German) came into use.
History
Swakopmund was founded in 1892, two years later than Windhoek, by Captain Curt von François. It was intended to be the main harbour of German South-West Africa. Increased traffic between Germany and its colony necessitated establishing a port of its own, as Walvis Bay, located 33 kilometres south, was in British possession. The choice fell to a site north of the Swakop River, because water was readily available, and because other sites were unsuitable. It should be noted however, that the site did not offer any natural protection to ships lying off the coast, such places being very rare on Namibia's western coast.
On 4 August 1892 the crew of a gunboat named Hyäne (German for Hyena) erected two beacons on a large dune, probably in the vicinity of the present lighthouse. This is regarded as the founding date of Swakopmund. The first settlers were 120 Schutztruppe with equipment and 40 settlers who offloaded from the Marie Woermann using four landing boats. The settlers had to build caves on the beach to protect themselves against hostile weather. Before a breakwater was built in 1898, which later became known as the Mole, all offloading was done with special boats that could only be handled by Kroo men from Liberia. At that time, up to 600 Kroo tribesmen were employed by the Woermann Line. The number of vessels offloading in Swakopmund was increasing rapidly. In 1894, only four ships offloaded, and in 1895 there were five. In 1896 the Woermann Line introduced bi-monthly service, and in 1899, monthly service to Swakopmund. Due to a lack of building materials, most of the first settlers' houses were prefabricated wood.
Swakopmund quickly became the main port for imports and exports for the whole territory, and was one of six towns which received municipal status in 1909. Many government offices for German South-West Africa had offices in Swakopmund.
Soon, the harbour created by the Mole silted up, and in 1905 work was started on a wooden jetty, but in the long run this was inadequate. In 1914 construction of an iron jetty was therefore commenced, the remains of which can still be seen today. After World War I it became a pedestrian walkway. It was declared structurally unsound and was closed to the public for seven years and in 2006 renovations to the portion supported by concrete pillars was completed with the remaining portion being alienated. It was opened to the public once more in late 2006.
Trading and shipping companies founded branches in Swakopmund. A number of these buildings still exist today. After German South-West Africa was taken over by the Union of South Africa in 1915, all harbour activities were transferred from Swakopmund to Walvis Bay. Many of the Central Government services ceased. Businesses closed down, the number of inhabitants diminished, and the town became less prosperous. However, the natural potential of Swakopmund as a holiday resort was recognised, and this potential has subsequently been developed. Today tourism-related services form an important part of the town's economy.
The discovery of uranium at Rössing, 70 km (43 mi) outside the town, led to the development of the world's largest opencast uranium mine. This had an enormous impact on all facets of life in Swakopmund which necessitated expansion of the infrastructure of the town to make it into one of the most modern in Namibia.
In October 2000 an agreement was signed between the Namibian and People's Republic of China governments to build a satellite tracking station at Swakopmund. Construction was completed in July 2001 at a site north of Swakopmund to the east of the Henties Bay-Swakopmund road and opposite the Swakopmund Salt Works. The site was chosen as it was on the orbital track of a manned spacecraft during its reentry phase. Costing N$12 million, the complex covers 150m by 85m. It is equipped with five meter and nine meter satellite dishes.
In August 2008 filming commenced in Swakopmund on the AMC television series The Prisoner starring Jim Caviezel and Sir Ian McKellen. Swakopmund was used as the film location for The Village.
Climate
Surrounded by the Namib Desert on three sides and the cold Atlantic waters to the west, Swakopmund enjoys a temperate climate. The average temperature ranges between 15°C (59°F) to 25°C (77°F). Rainfall is less than 15 mm per year, making gutters and drainpipes on buildings a rarity. The cold Benguela current supplies moisture for the area in the form of fog that can reach as deep as 140 km (87 mi) inland. The fauna and flora of the area has adapted to this phenomenon and now relies upon the fog as a source of moisture.

Tourism Links :

Walvis Bay

Walvis Bay (Afrikaans Walvisbaai, German Walfischbucht or Walfischbai, all meaning "Whale Bay"), is a city in Namibia and the name of the bay on which it lies.
The bay has been a haven for sea vessels because of its natural deepwater harbour, protected by the Pelican Point sand spit, being the only natural harbour of any size along the country's coast. Being rich in plankton and marine life, these waters also drew large numbers of whales attracting whalers and fishing vessels. The Dutch referred to it as Walvisch Baye and the English as Whale Bay, and in its eventual proclamation it came to be called Walfish Bay, and eventually Walvis Bay. It has also been referred to as Walwich Bay or Walwisch Bay.
A succession of colonists developed the location and resources of this strategic harbour settlement. The harbour's value in relation to the sea route around the Cape of Good Hope had caught the attention of world powers since it was discovered. This explains the complicated political status of Walvis Bay down the years.
The town is situated in the Kuiseb river delta and lies at the end of the TransNamib Railway to Windhoek, and on the B2 road.
Walvis Bay, with its large bay and sand dunes, is the tourism activity centre of Namibia. Other attractions include the artificial Bird Island, centre of a guano collection industry, the Dune 7 sand dune, salt works, birdlife and a museum. Kuisebmund Stadium, home to two clubs in the Namibia Premier League, is also located in the city and the beach resort of Langstrand lies just a few kilometers north. The Walvis Bay Export Processing Zone is an important facet of the local economy.

History
Portuguese navigator Diogo Cão reached Cape Cross, north of the bay, in 1485. He was followed by Bartolomeu Dias, who anchored his flagship São Cristóvão in what is now Walvis Bay on 8 December 1487, on his expedition to discover a sea route to the East via the Cape of Good Hope. He named the bay "O Golfo de Santa Maria da Conceição." However, the Portuguese did not formally stake a claim to Walvis Bay.
Little commercial development occurred on the site until the late 19th century. During the scramble for Africa, the United Kingdom annexed Walvis Bay and a small area surrounding the territory in 1878 to the Cape Colony both to forestall German ambitions in the region and to ensure safe passage of British ships around the Cape. In 1910, Walvis Bay, as well as the Cape Colony, became part of the newly formed Union of South Africa. However, a dispute arose with Germany over the enclave's boundaries. This was eventually settled in 1911 and Walvis Bay was allocated an area of 434 square miles (1,124 km2).
The enclave was overrun by the Germans during the South-West Africa Campaign early in World War I. But South African Forces eventually ousted the Germans in 1915 and Walvis Bay was quickly integrated into the new martial law regime established in South-West Africa. South Africa was later awarded control (a "C" class mandate) over South-West Africa by the League of Nations to administer SWA as an integral part of South Africa. Civilian rule was restored in South-West Africa in 1921 and administration of Walvis Bay was transferred to SWA by Act of the South African parliament in 1922.
In 1971, anticipating an imminent ceding of its control over South-West Africa, South Africa transferred control of Walvis Bay back to its Cape Province, thus making it an exclave. In 1977, in an attempt to avoid losing control of Walvis Bay to a possibly hostile SWAPO-led government, the South African government reimposed direct rule and reasserted its claim of sovereignty based on the original annexation. In 1978, the United Nations Security Council provided for bilateral negotiations between South Africa and a future Namibia to resolve the political status of Walvis Bay.
In 1990 South-West Africa gained independence as Namibia but Walvis Bay remained under South African sovereignty. At midnight on 28 February 1994 sovereignty over Walvis Bay was formally transferred to Namibia, as were the Penguin Islands.

Education
In Walvis Bay there are a number of public (government-run) and private schools. Examples of such schools are Duinesig primary school, De duine secondary school, International School of Walvis Bay, Kuisebmond secondary school, Walvis Bay Private High School and others. There are also a number of kindergartens to cater to young children. Tertiary institutions such as NAMFI (dedicated to the training of deck officers, fishermen, marine engineers and other careers in fishing and under-water work), Monitronic success college and IUM also exist.

Fishing
In Walvis Bay there are different fishing companies like Hangana Seafood,Caroline Fishing, Benguella Fishing Company, Etale Fishing Company, Cadilu Fishing, Etosha Fisheries, Kuiseb Fishing Enterprises, Blue Ocean Products, Benguella Sea Products, Consortium Fisheries. These companies catch different types of fish like snoek, horse mackerel, anchovy, steenbras, kabeljou, kingklip, hake, catfish, tuna, and sardines. Hangana Seafood are processors and exporters of fish and fish products.

Entertainment and sport
Walvis Bay contains open spaces, scenic beauty and unique marine and plant life. It is well suited for the outdoor lifestyle, boasting sports such as sandboarding, kiting, surfing, swimming, angling, sailing, golf and other in- and outdoor sport codes.There is Walvis Bay Lagoon and Aquatic Activities, Kuiseb River Delta and the beach itself where by people enjoy swimming and catching fish. The low peninsula gives the bay a unique combination of strong wind and shallow waves, ideal for record attempting vessels like Vestas Sailrocket
It is home to Eleven Arrows F.C., a local football club that competes in the Namibia Premier League.

Climate
Walvis Bay features the very rare mild variation of the arid climate. Walvis Bay receives an average of less than 10 mm of precipitation per year, making it one of the driest cities on the planet. Despite the fact that it has an arid climate, Walvis Bay seldom gets very hot or very cold, an extremely unusual feature for a city featuring this climate. This is primarily due to cold offshore currents near Walvis Bay. Temperatures averages around 24°C during January, Walvis Bay's warmest month and around 17°C during July, its coldest month.

Climate data for Walvis Bay

Month
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Year

Record high °C (°F)
37.5
(99.5)
34.9
(94.8)
33.6
(92.5)
32.0
(89.6)
29.9
(85.8)
28.7
(83.7)
27.2
(81)
29.4
(84.9)
32.5
(90.5)
32.8
(91)
33.6
(92.5)
35.5
(95.9)
37.5
(99.5)

Average high °C (°F)
27.8
(82)
27.6
(81.7)
25.9
(78.6)
23.7
(74.7)
21.5
(70.7)
21.2
(70.2)
19.9
(67.8)
20.8
(69.4)
22.4
(72.3)
24.1
(75.4)
26.5
(79.7)
27.3
(81.1)
24.06
(75.31)

Average low °C (°F)
20.4
(68.7)
19.5
(67.1)
18.6
(65.5)
17.8
(64)
16.2
(61.2)
15.0
(59)
15.3
(59.5)
15.2
(59.4)
16.0
(60.8)
17.4
(63.3)
18.5
(65.3)
18.4
(65.1)
17.36
(63.25)

Record low °C (°F)
10.0
(50)
8.4
(47.1)
6.3
(43.3)
4.9
(40.8)
3.4
(38.1)
2.9
(37.2)
3.2
(37.8)
3.0
(37.4)
5.7
(42.3)
7.0
(44.6)
9.0
(48.2)
8.6
(47.5)
2.9
(37.2)

Precipitation mm (inches)
17.9
(0.705)
21.6
(0.85)
12.1
(0.476)
6.2
(0.244)
1.8
(0.071)
0.0
(0)
0.5
(0.02)
0.4
(0.016)
0.0
(0)
2.0
(0.079)
7.1
(0.28)
13.4
(0.528)
83.0
(3.268)

Windhoek

Windhoek (pronounced /ˈvɪnthʊk/, sometimes in German: Windhuk) is the capital and largest city of the Republic of Namibia. It is located in central Namibia in the Khomas Highland plateau area around 1,700 metres (5,600 ft) above sea level. The 2001 census determined Windhoek's population was 233,529. A population influx from all over Namibia has caused researchers to estimate the figure to be well over 300,000.

Due to its relative size Windhoek is even more than other capitals the social, economic, and cultural centre of the country. Virtually every national enterprise has its headquarters here. The University of Namibia is here, as is the country's only theatre, most of Namibia's governmental institutions, and all major media bodies.[citation needed] City of Windhoek's budget nearly equals that of all other Namibian local authorities combined.

Etymology
The city of Windhoek is traditionally known by two names: /Ai//Gams, (Khoekhoe: hot springs) and Otjomuise (Otjiherero: place of steam). Both traditional names reference the hot springs near today's city centre.

Theories vary on how the place got its modern name of Windhoek. Most believe the name Windhoek is derived from the Afrikaans word Wind-Hoek (windy corner). Another theory suggests that Captain Jan Jonker Afrikaner named Windhoek after the Winterhoek Mountains, at Tulbagh in South Africa, where his ancestors had lived.

Pre-colonial
In the 1840s Jonker Afrikaner, father of Jan Jonker Afrikaner, settled near one of the main hot springs, located in the present-day Klein Windhoek suburb. He built a stone church that held 500 people, which was also used as a school. Two Rhenish missionaries, Carl Hugo Hahn and Heinrich Kleinschmidt, started working there in the 1840s and were later succeeded by two Wesleyans, Richard Haddy and Joseph Tindall. Gardens were laid out and for a while Windhoek prospered, but wars between the Nama and Herero eventually destroyed the settlement. After a long absence, Hahn visited Windhoek again in 1873 and was dismayed to see that nothing remained of the town's former prosperity. In June 1885, a Swiss botanist found only jackals and starving guinea fowl amongst neglected fruit trees.

Sanderburg, one of the three castles of Windhoek Colonial era
In 1878, Britain annexed Walvis Bay and incorporated it into the Cape of Good Hope in 1884, but Britain did not extend its influence into the hinterland. A request by merchants from Lüderitzbucht resulted in the declaration of a German protectorate over German West Africa in 1884. The German colony came into being with the determination of its borders in 1890 and Germany sent a protective corps, called the Schutztruppe under Major Curt von François, to maintain order. Von François stationed his garrison at Windhoek, which was strategically situated as a buffer between the Nama and Herero, while the twelve strong springs provided water for the cultivation of food.

Present-day

Windhoek was founded on 18 October 1890, when Von François fixed the foundation stone of the fort, which is now known as the Alte Feste (Old Fortress). After 1907, development accelerated as people migrated from the countryside to the city. There was also a larger influx of European settlers arriving from Germany and South Africa. Businesses were erected on Kaiser Street, present Independence Avenue, and along the dominant mountain ridge over the city. At this time, Windhoeks three castles, Heinitzburg, Sanderburg, and Schwerinsburg were built.

Foreign administration after World War I
The German colonial era came to an end during World War I when South African troops occupied Windhoek in May 1915 on behalf of the British Empire. For the next five years, a military government administered South West Africa. Development of the city of Windhoek and the nation later to be known as Namibia came to a virtual standstill. After World War II, Windhoek's development gradually gained momentum, as more capital became available to improve the area's economic climate. After 1955, large public projects were undertaken, such as the building of new schools and hospitals, tarring of the city's roads (a project begun in 1928 with Kaiser Street), and the building of dams and pipelines to finally stabilize the water supply.It also introduced the World's first potable re-use plant in 1958, treating recycled sewage and sending it directly into the town's water supply.

Since Namibian independence
With Namibia's independence from South African administration in 1990, Windhoek was recognised as the capital city of South West Africa as administered by the South African government. It continues to be the capital city of the Republic of Namibia, as well as the provincial capital of the central Khomas Region. Since then the city experienced accelerated growth and development.

Geography
The city is the major commercial and financial center of Namibia. It sits on a sloping plain on the northern side of the Khomas Hochland (Khomas Highlands) at an altitude of 1,728 metres (5,669 ft).

Expanding the town area has – apart from financial restrictions – proven to be challenging due to its geographical location. In southern, eastern and western direction Windhoek is surrounded by rocky, mountainous areas which make land development costly. The southern side is not suitable for industrial development because of the presence of underground aquifers. This leaves the vast Brakwater area north of town the only feasible place for Windhoek's expansion.

Suburbs
Windhoek is divided into different suburbs:

Academia
Auasblick
Avis
Cimbebasia (Windhoek suburb)
Dorado Park
Eros (Windhoek suburb)
Eros Park
Goreangab
Hakahana
Hochland Park
Katutura
Khomasdal
Kleine Kuppe
Klein-Windhoek
Lafrenz Industrial Area
Ludwigsdorf
Luxury Hill
Northern Industrial
Olympia
Otjomuise
Pioneers Park
Prosperita
Rocky Crest
Southern Industrial
Suiderhof
Wanaheda
Windhoek Central
Windhoek North
Windhoek West
Climate
Windhoek is situated in a semi-arid climatic region. Days are mostly warm with very hot days during the summer months, while nights are generally cool. The average annual temperature is 19.47 °C (67.05 °F), which is high for a site at such a high altitude on the edge of the tropics.[8] This is mainly due to the prevalence of a warm northerly airflow and the mountains to the south, which shelter the city from cold southerly winds.

The winter months of June, July and August usually experience little or no rain. Minimum temperatures range between 5 °C (41 °F) and 18 °C (64 °F). Nights are usually cool, although the temperature seldom drops below 0°C, and it almost never snows. Days are usually warm to hot, varying from a maximum of 20 °C (68 °F) in July to 31 °C (88 °F) in January.

Mean annual rainfall is around 360 millimetres (14 in), which is too low to support crops or gardens without heavy use of watering. The natural vegetation of the area is scrub and steppe. Droughts are a regular occurrence; dry and wet years run through a cycle that lasts around 10 years.

Climate data for Windhoek
[hide]Month	Jan	Feb	Mar	Apr	May	Jun	Jul	Aug	Sep	Oct	Nov	Dec	Year
Record high °C (°F)	36 (97)	34 (93)	34 (93)	31 (88)	32 (90)	26 (79)	25 (77)	29 (84)	33 (91)	34 (93)	36 (97)	36 (97)	36 (97)
Average high °C (°F)	29 (84)	28 (82)	27 (81)	25 (77)	22 (72)	20 (68)	20 (68)	23 (73)	25 (77)	29 (84)	29 (84)	30 (86)	26 (79)
Average low °C (°F)	17 (63)	16 (61)	15 (59)	13 (55)	9 (48)	7 (45)	6 (43)	8 (46)	12 (54)	15 (59)	15 (59)	17 (63)	13 (55)
Record low °C (°F)	9 (48)	7 (45)	4 (39)	2 (36)	-2 (28)	-3 (27)	-3 (27)	-4 (25)	-1 (30)	2 (36)	1 (34)	3 (37)	-4 (25)
Precipitation mm (inches)	76 (2.99)	74 (2.91)	79 (3.11)	41 (1.61)	8 (0.31)	(0)	(0)	(0)	3 (0.12)	10 (0.39)	23 (0.91)	48 (1.89)	362 (14.25)
Source: BBC Weather 2009-08-16

Demographics
In 1971, there were roughly 26,000 Whites living in Windhoek, outnumbering the Black population of 24,000 but no longer. About one third of Whites, 9,000, were Germans.

Windhoek's population currently[update] stands at over 300.000 (67 % blacks, 16 % whites, 17% coloureds, basters and asiatics) and grows by over 4% annually with the informal settlements growing at almost 10% per year.

Economy
Air Namibia has its main office in the Trans Namib Building in Windhoek. Several shopping malls were built in the post-independence era, including Maerua Mall, and Wernhil Park Mall.

Notable landmarks

Christ Church - A Lutheran church. Construction on the church was begun under Pastor Wilhelm Anz in April 1896. After the end of the wars between the Germans and the Khoikhoi, Herero, and Ovambo, it was dedicated as the Church of Peace in 1910. The Lutheran Church, which was built in the gothic revival style with Art Nouveau elements, stands in the historic center of Windhoek. Its 24 m high spire was made, like the rest of the church, out of quartz sandstone. The exception is the portal and the altar, which are made of marble. The colourful stained-glass windows in the sanctuary were a gift from Kaiser Wilhelm II. The Church is next to the Parliament Gardens and Tintenpalast.
St. Mary's Cathedral
Zoo Park - a public park on Independence Avenue in downtown Windhoek. The current park is landscaped and features a pond, children's playground and open-air theatre.
Tintenpalast - German for "Ink Palace", is the seat of both chambers of the Namibian legislature, the National Council and the National Assembly. It is located just north of Robert Mugabe Avenue, and was designed by the architect Gottlieb Redecker and built by the company Sander & Kock between 1912 and 1913 out of regional materials as an administration building for the German government, which colonised Namibia at the time. The building is surrounded by the Parliament Gardens.
Alte Feste- German for "Old Fortress". Built in 1890, today houses the National Museum
Supreme Court of Namibia
The three castles of Windhoek built by architect Wilhelm Sander: Heinitzburg, Sanderburg, and Schwerinsburg
National Library of Namibia
Windhoek Railway Station
Holy Cross Convent School - built in 1906
Daan Viljoen Game Reserve -situated near Windhoek
Windhoek Public Library - built in 1925, next to the Alte Feste

Transport
Rail
Windhoek is connected by rail to:

Okahandja (north)
Rehoboth (south)
Gobabis (east)
Highways

In 1928, Kaiserstraße, now Independence Avenue, was the first paved road in Windhoek. Ten years later the next one, Gobabis road, now Sam Nujoma Drive, was also paved. Today out of ca. 40,000 kilometres (25,000 mi) of Namibia's total road network, about 5,000 kilometres (3,100 mi) is sealed.

Windhoek's three main access roads from Rehoboth, Gobabis, and Okahandja are paved, and are designed to be able to withstand the largest possible flood to be expected in fifty years. Sealed roads can carry traffic moving at 120 kilometres per hour (75 mph) and should last for 20 years.

Taxis are available.

Air transportation
Windhoek is served by two airports. The closest one is Eros 7 kilometres (4.3 mi) south of the city center for smaller craft, and Windhoek Hosea Kutako International Airport 42 kilometres (26 mi) east of the city. A number of foreign airlines operate to and from Windhoek. Air charters and helicopter and fixed-wing aircraft rentals are also available.

Windhoek International Airport (WDH)
Windhoek Hosea Kutako International Airport, situated 45 kilometres outside Windhoek, handles well over 400,000 passengers a year. It has one runway without capacity limitations. Other international airports are located in Walvis Bay and Luderitz. It directly connects daily to Frankfurt. Southern Africa's hub, Johannesburg, is only a two-hour flight away, from where it is possible to connect to more than 50 cities. South African Airways, LTU, and Air Namibia all have daily flights to Windhoek International Airport, whilst TAAG Angola Airlines has bi-weekly turnarounds to Luanda.

Eros Airport
Eros Airport is the busiest airport in Namibia in terms of take offs and landings.[citation needed] This city airport handles around 12,000 individual flights a year, the majority of which are light aircraft. Primarily, limitations such as runway length, noise, and air space congestion have kept Eros from developing into a larger airport. Most of Namibia's charter operators have Eros as their base.

Sport

The city has several football clubs which include African Stars F.C., Black Africa F.C., F.C. Civics Windhoek, Orlando Pirates F.C., Ramblers F.C. and SK Windhoek.

Many boxers such as Paulus Moses, Paulus Ambunda and Abmerk Shindjuu are from the city.

Education
Tertiary Institutions
The higher educational institutions in Windhoek are:

Polytechnic of Namibia (PoN)
University of Namibia (UNAM)
International University of Management (IUM)
Secondary schools
A Shipena
Deutsche Höhere Privatschule (DHPS)
Eldorado Secondary School
Immanuel Shifidi
Jan Jonker Afrikaner
Augustineum
Concordia College
David Bezuidenhout
Ella du Plessis
Goreangab
Academia
Jan Möhr Secondary School
Windhoek Technical High School
Dagbreek Centre for the handicapped
Eros School For Girls
Saint George's Diocesan College
Saint Paul's College
(Saint George's College and Saint Paul's College are both still attached to their respective primary schools)

Primary Schools
Gammams
Delta School
Herman Gmeiner
Namibia Primary School
Suiderhof Primary School
Theo Katjimuine School
Emma Hoogenhout
Moses van der Byl
Saint Barnabas
Theo Katjimuine School
Tobias Hainyeko Primary School
Van Rhyn
Cooperation agreements
Windhoek has cooperation agreements and partnerships with the following towns:

Shanghai, since 1. June 1996
Richmond, since 20. March 1998
Wetzlar
Berlin, since 18. April 2000
Trossingen in Baden-Württemberg, since 3. October 2000
Bremen, since 18. April 2000
Douala, since 31. August 2000
Harare, since 8. November 2000
Gaborone, since 23. August 2001
Havana, since 23. October 2001
Eenhana, since 17. April 2002
Ongwediva, since 17. April 2002
Ondangwa, since17. April 2002
Outapi, since 17. April 2002
Oshakati, since 18. April 2002
Lephalale, since 22. May 2002
Vantaa, since 13. August 2002
Walvis Bay, since 8. October 2002
Mariental, since 11. March 2003
Gibeon, since 11. March 2003
Maltahöhe, since 12. April 2002
Aranos, since 13. March 2003
Stampriet, since 13. March 2003
Rehoboth, since 14. March 2003
Lüderitz, since 14. March 2003

Accomodation Available at :

Windhoek Alte Feste

German for "Old Fortress". Built in 1890, today houses the National Museum

Windhoek Christ Church

A Lutheran church. Construction on the church was begun under Pastor Wilhelm Anz in April 1896. After the end of the wars between the Germans and the Khoikhoi, Herero, and Ovambo, it was dedicated as the Church of Peace in 1910. The Lutheran Church, which was built in the gothic revival style with Art Nouveau elements, stands in the historic center of Windhoek. Its 24 m high spire was made, like the rest of the church, out of quartz sandstone. The exception is the portal and the altar, which are made of marble. The colourful stained-glass windows in the sanctuary were a gift from Kaiser Wilhelm II. The Church is next to the Parliament Gardens and Tintenpalast.
St. Mary's Cathedral

Windhoek Colonial era

In 1878, Britain annexed Walvis Bay and incorporated it into the Cape of Good Hope in 1884, but Britain did not extend its influence into the hinterland. A request by merchants from Lüderitzbucht resulted in the declaration of a German protectorate over German West Africa in 1884. The German colony came into being with the determination of its borders in 1890 and Germany sent a protective corps, called the Schutztruppe under Major Curt von François, to maintain order. Von François stationed his garrison at Windhoek, which was strategically situated as a buffer between the Nama and Herero, while the twelve strong springs provided water for the cultivation of food.

Windhoek Demographics

In 1971, there were roughly 26,000 Whites living in Windhoek, outnumbering the Black population of 24,000 but no longer. About one third of Whites, 9,000, were Germans.

Windhoek Economy

Air Namibia has its main office in the Trans Namib Building in Windhoek. Several shopping malls were built in the post-independence era, including Maerua Mall, and Wernhil Park Mall.

Windhoek Etymology

The city of Windhoek is traditionally known by two names: /Ai//Gams, (Khoekhoe: hot springs) and Otjomuise (Otjiherero: place of steam). Both traditional names reference the hot springs near today's city centre.

Windhoek Foreign administration after World War I

The German colonial era came to an end during World War I when South African troops occupied Windhoek in May 1915 on behalf of the British Empire. For the next five years, a military government administered South West Africa. Development of the city of Windhoek and the nation later to be known as Namibia came to a virtual standstill. After World War II, Windhoek's development gradually gained momentum, as more capital became available to improve the area's economic climate. After 1955, large public projects were undertaken, such as the building of new schools and hospitals, tarring of the city's roads (a project begun in 1928 with Kaiser Street), and the building of dams and pipelines to finally stabilize the water supply.It also introduced the World's first potable re-use plant in 1958, treating recycled sewage and sending it directly into the town's water supply.

Windhoek Geography

The city is the major commercial and financial center of Namibia. It sits on a sloping plain on the northern side of the Khomas Hochland (Khomas Highlands) at an altitude of 1,728 metres (5,669 ft).

Windhoek Pre-colonial

In the 1840s Jonker Afrikaner, father of Jan Jonker Afrikaner, settled near one of the main hot springs, located in the present-day Klein Windhoek suburb. He built a stone church that held 500 people, which was also used as a school. Two Rhenish missionaries, Carl Hugo Hahn and Heinrich Kleinschmidt, started working there in the 1840s and were later succeeded by two Wesleyans, Richard Haddy and Joseph Tindall. Gardens were laid out and for a while Windhoek prospered, but wars between the Nama and Herero eventually destroyed the settlement. After a long absence, Hahn visited Windhoek again in 1873 and was dismayed to see that nothing remained of the town's former prosperity. In June 1885, a Swiss botanist found only jackals and starving guinea fowl amongst neglected fruit trees.Sanderburg, one of the three castles of

Windhoek Present-day

Windhoek Since Namibian independence

With Namibia's independence from South African administration in 1990, Windhoek was recognised as the capital city of South West Africa as administered by the South African government. It continues to be the capital city of the Republic of Namibia, as well as the provincial capital of the central Khomas Region. Since then the city experienced accelerated growth and development.

Windhoek Suburbs

Windhoek is divided into different suburbs:

Windhoek Tintenpalast

German for "Ink Palace", is the seat of both chambers of the Namibian legislature, the National Council and the National Assembly. It is located just north of Robert Mugabe Avenue, and was designed by the architect Gottlieb Redecker and built by the company Sander & Kock between 1912 and 1913 out of regional materials as an administration building for the German government, which colonised Namibia at the time. The building is surrounded by the Parliament Gardens.

Windhoek Transport

Rail Windhoek is connected by rail to:

Okahandja (north)
Rehoboth (south)
Gobabis (east)
Highways

Taxis are available.

Windhoek Air transportation
Windhoek is served by two airports. The closest one is Eros 7 kilometres (4.3 mi) south of the city center for smaller craft, and Windhoek Hosea Kutako International Airport 42 kilometres (26 mi) east of the city. A number of foreign airlines operate to and from Windhoek. Air charters and helicopter and fixed-wing aircraft rentals are also available.

Windhoek Eros Airport
Eros Airport is the busiest airport in Namibia in terms of take offs and landings.[citation needed] This city airport handles around 12,000 individual flights a year, the majority of which are light aircraft. Primarily, limitations such as runway length, noise, and air space congestion have kept Eros from developing into a larger airport. Most of Namibia's charter operators have Eros as their base.

Windhoek Zoo Park

a public park on Independence Avenue in downtown Windhoek. The current park is landscaped and features a pond, children's playground and open-air theatre.

Windhoek climate

Windhoek is situated in a semi-arid climatic region. Days are mostly warm with very hot days during the summer months, while nights are generally cool. The average annual temperature is 19.47 °C (67.05 °F), which is high for a site at such a high altitude on the edge of the tropics.[8] This is mainly due to the prevalence of a warm northerly airflow and the mountains to the south, which shelter the city from cold southerly winds.

Climate data for Windhoek
[hide]Month	Jan	Feb	Mar	Apr	May	Jun	Jul	Aug	Sep	Oct	Nov	Dec	Year
Record high °C (°F)	36 (97)	34 (93)	34 (93)	31 (88)	32 (90)	26 (79)	25 (77)	29 (84)	33 (91)	34 (93)	36 (97)	36 (97)	36 (97)
Average high °C (°F)	29 (84)	28 (82)	27 (81)	25 (77)	22 (72)	20 (68)	20 (68)	23 (73)	25 (77)	29 (84)	29 (84)	30 (86)	26 (79)
Average low °C (°F)	17 (63)	16 (61)	15 (59)	13 (55)	9 (48)	7 (45)	6 (43)	8 (46)	12 (54)	15 (59)	15 (59)	17 (63)	13 (55)
Record low °C (°F)	9 (48)	7 (45)	4 (39)	2 (36)	-2 (28)	-3 (27)	-3 (27)	-4 (25)	-1 (30)	2 (36)	1 (34)	3 (37)	-4 (25)
Precipitation mm (inches)	76 (2.99)	74 (2.91)	79 (3.11)	41 (1.61)	8 (0.31)	0 (0)	0 (0)	0 (0)	3 (0.12)	10 (0.39)	23 (0.91)	48 (1.89)	362 (14.25)
Source: BBC Weather 2009-08-16

Namibian Cultures

Namibian Fauna

Aardvark

The Aardvark (Orycteropus afer) (afer: from Africa) is a medium-sized, burrowing, nocturnal mammal native to Africa. It is the only living species of the order Tubulidentata, although other prehistoric species and genera of Tubulidentata are known.

It is sometimes called "antbear", "anteater", or the "Cape anteater" after the Cape of Good Hope. The name comes from the Afrikaans/Dutch for "earth pig" or "ground pig" (aarde earth/ground, varken pig), because of its burrowing habits (similar origin to the name groundhog). The aardvark is not related to the pig; rather, it is the sole recent representative of the obscure mammalian order Tubulidentata, in which it is usually considered to form one variable species of the genus Orycteropus, the sole surviving genus in the family Orycteropodidae. The aardvark is not closely related to the South American anteater, despite sharing some characteristics and a superficial resemblance. The closest living relatives of the aardvark are the elephant shrews, along with the sirenians, hyraxes, tenrecs, and elephants. Together with their extinct relatives, these animals form the superorder Afrotheria.

Contents

1 Description

2 Behavior

3 Habitat

4 Mythology and popular culture

5 Notes and references

6 External links

Description

A sketch from The New Student's Reference WorkOne of the most distinctive characteristics of the Tubulidentata is their teeth. Instead of having a pulp cavity, each tooth has a cluster of thin, upright, parallel tubes of vasodentin (a modified form of dentine), with individual pulp canals, held together by cementum. The teeth have no enamel coating and are worn away and regrow continuously. The aardvark is born with conventional incisors and canines at the front of the jaw, which fall out and are not replaced. Adult aardvarks only have cheek teeth at the back of the jaw, and have a dental formula of:

An Aardvark Skull From the Collections of Skulls Unlimited International.Genetically speaking, the aardvark is a living fossil, as its chromosomes are highly conserved, reflecting much of the early eutherian arrangement before the divergence of the major modern taxa.

The aardvark is vaguely pig-like in appearance. Its body is stout with an arched back and is sparsely covered with coarse hairs. The limbs are of moderate length. The front feet have lost the pollex (or 'thumb') — resulting in four toes — but the rear feet have all five toes. Each toe bears a large, robust nail which is somewhat flattened and shovel-like, and appears to be intermediate between a claw and a hoof. The ears are disproportionately long, and the tail is very thick at the base and gradually tapers. The greatly elongated head is set on a short, thick neck, and the end of the snout bears a disc, which houses the nostrils. The mouth is small and tubular, typical of species that feed on termites. The aardvark has a long, thin, snakelike, protruding tongue and elaborate structures supporting a keen sense of smell.

An aardvark's weight is typically between 40 and 65 kg. An aardvark's length is usually between 1 and 1.3 metres, and can reach lengths of 2.2 metres when its tail (which can be up to 70 centimetres) is taken into account. The aardvark is pale yellowish gray in color and often stained reddish-brown by soil. The aardvark's coat is thin and the animal's primary protection is its tough skin. The aardvark has been known to sleep in a recently excavated ant nest, which also serves as protection from its predators.

Behavior

Resting aardvark in Himeji City ZooThe aardvark is nocturnal and is a solitary creature that feeds almost exclusively on ants and termites (formicivore); the only fruit eaten by aardvarks is the aardvark cucumber. An aardvark emerges from its burrow in the late afternoon or shortly after sunset, and forages over a considerable home range encompassing 10 to 30 km, swinging its long nose from side to side to pick up the scent of food. When a concentration of ants or termites is detected, the aardvark digs into it with its powerful front legs, keeping its long ears upright to listen for predators, and takes up an astonishing number of insects with its long, sticky tongue—as many as 50,000 in one night have been recorded. It can dig 2 feet in 15 seconds , but otherwise moves fairly slowly. Its claws enable it to dig through the extremely hard crust of a termite or ant mound quickly, avoiding the dust by sealing the nostrils. When successful, the aardvark's long (up to 30 cm) tongue licks up the insects; the termites' biting, or the ants' stinging attacks are rendered futile by the tough skin. Its keen hearing warns it of predators: lions, leopards, hyenas, and pythons.

Aside from digging out ants and termites, the aardvark also excavates burrows in which to live: temporary sites are scattered around the home range as refuges, and a main burrow is used for breeding. Main burrows can be deep and extensive, have several entrances and can be as long as 13 meters. The aardvark changes the layout of its home burrow regularly, and from time to time moves on and makes a new one; the old burrows are then inhabited by smaller animals like the African Wild Dog. Only mothers and young share burrows. If attacked in the tunnel, it will seal the tunnel off behind itself or turn around and attack with its claws.

Aardvark mother and youngAardvarks only pair during the breeding season; after a gestation period of 7 months, one cub weighing around 2 kg is born, and is able to leave the burrow to accompany its mother after only two weeks, and is eating termites at 14 weeks and is weaned by 16 weeks. At six months of age it is able to dig its own burrows, but it will often remain with the mother until the next mating season, and is sexually capable by the season after that.

Aardvarks live for up to 24 years in captivity.

The aardvark's main predators are lions, leopards, hunting dogs and pythons. Some African tribes also hunt aardvarks for its flesh. Aardvarks can dig fast or run in zigzag fashion to elude enemies, but if all else fails, they will strike with their claws, tail and shoulders, sometimes flipping onto their backs to lash with all fours. Their thick skin also protects them to some extent.

HabitatAardvarks live in subsaharan Africa, where there is suitable habitat for them to live, such as savannas, grasslands, woodlands and bushland, and available food (i.e., ants and termites).

Mythology and popular cultureIn African folklore the aardvark is much admired because of its diligent quest for food and its fearless response to soldier ants. Hausa magicians make a charm from the heart, skin, forehead, and nails of the aardvark, which they then proceed to pound together with the root of a certain tree. Wrapped in a piece of skin and worn on the chest the charm is said to give the owner the ability to pass through walls or roofs at night. The charm is said to be used by burglars and those seeking to visit young girls without their parents' permission.

The Egyptian god Set (mythology) is said, by some, to have the head of an Aardvark, or part Aardvark.

The main character of Arthur, a popular animated television series for children produced by WGBH-TV and shown in more than 100 countries, is an aardvark.

One of the main characters of the 1969-1971 animated cartoon The Ant and the Aardvark is a blue aardvark voiced by John Byner, doing an impersonation of Jackie Mason. It depicts the Aardvark attempting, and failing, to catch and eat his antagonist, the Ant, also voiced by Byner impersonating Dean Martin.

The Canadian cartoon series The Raccoons featured an antagonist named Cyril Sneer; he and his son Cedric were both portrayed as being aardvarks.

Cerebus the Aardvark was the title character of a comic-book series by Dave Sim and Gerhard that ran from 1977 to 2004, and is still sold in collected volumes of reprints.

Aardwolf

The aardwolf (Proteles cristata) is a small, insectivorous hyena, native to Eastern and Southern Africa. The name means "earth wolf" in Afrikaans/Dutch.It is also called "maanhaar jackal".Unlike other hyenas, the diet of the aardwolf almost completely consists of termites, other insect larvae and carrion.

The aardwolf is the only surviving species of the subfamily Protelinae. Two subspecies are recognized: Proteles cristatus cristatus of Southern Africa, and Proteles cristatus septentrionalis of eastern and northeastern Africa.

It is usually placed in the Hyaenidae, though formerly separated into the family Protelidae. The aardwolf lives in the scrublands of eastern and southern Africa. These are the areas of land covered with stunted trees or shrubs. The aardwolf hides in a burrow during the day and comes out at night to search for food. It is related to hyenas, but unlike its relatives, it does not hunt large prey. This unusual animal is a mass killer of insects. It feeds mainly on termites and can eat more than 200,000 in a single night, using its long, sticky tongue to collect them.

Physical characteristicsThe aardwolf looks like a very small Striped Hyena. They have a more slender muzzle, sharper ears utilized in the hunt for harvester termites, black vertical stripes on a coat of yellowish fur, and a long, distinct mane down the middle line of the neck and back, which is raised during a confrontation to make the aardwolf's size appear bigger. It is 55–80 cm (22–31 in) long, excluding its bushy 20–30 cm (8–12 in) tail, stands about 40–50 cm (16–20 in) at the shoulder, and weighs between 9 and 14 kg (20–31 lb).

Its front feet have 5 toes, unlike other hyenas which have four toes.

Its teeth and skull are similar to that of the hyena, although the cheek teeth are specialised for eating insects, and its tongue for licking them up.

As the aardwolf ages, it will normally lose some of its teeth, though this has little impact on their feeding habits due to the soft nature of the insects they consume.

It has two glands at the rear that secrete a musky fluid for marking territory and communicating with other aardwolves.

Aardwolf Skull From the Collections of Skulls Unlimited International.

Distribution and habitatThe aardwolf lives on open, dry plains and bushland, avoiding mountainous areas. Due to its specific food requirements, the animal is only found in regions where termites of the family Hodotermitidae occur. Termites of this family depend on dead and withered grass and are most populous in heavily grazed grasslands and savannahs, including farmland. For most of the year, aardwolves spend time in shared territories consisting of up to a dozen dens which are occupied for six weeks at a time.

There are two distinct populations: one in Southern Africa, and another in East and Northeast Africa. The species does not occur in the intermediary miombo forests.

Behavior
Aardwolf from the zoo in San Antonio, TexasAardwolves are shy and nocturnal, sleeping in underground burrows by day.

They usually use existing burrows of aardvarks, Old World porcupines or springhares, despite being capable of creating their own. By night, an aardwolf can consume up to 200,000 harvester termites using its sticky, long tongue.

They take special care not to destroy the termite mound or consume the entire colony, which ensures that the termites can rebuild and provide a continuous supply of food. They will often memorise and return to nests to save the trouble of finding a new one. They are also known to feed on other insects, larvae, and eggs, and occasionally small mammals and birds. Unlike other hyenas, aardwolves do not scavenge or kill larger animals.

The adult aardwolf is primarily solitary while foraging for food, necessary because of the scarcity and homogeneous distribution of their insect prey. They have often been mistaken for solitary animals. In fact, they live as monogamous pairs, with their young, defending the same territory.

Young aardwolves generally achieve sexual maturity after two years, and the breeding season varies depending on their location, but normally takes place during the autumn or spring. During the breeding season, unpaired male aardwolves will search their own territory as well as others' for a female to mate with. Dominant males will also mate opportunistically with the females of less dominant neighboring aardwolves. This can often result in conflict between two male aardwolves when one has wandered into another's territory. Gestation lasts between 90 and 110 days, producing one to five cubs (most often two or three) during the rainy season, when termites are active.

The first six to eight weeks are spent in the den with the mother. After three months, they begin supervised foraging and by four months are normally independent. However, they will often use the same den as their mother until the next breeding season. They can achieve a lifespan of up to 15 years when in captivity.

Interaction with humansAgriculture may create a negative impact on their population due to use of poisons by farmers.

They are often considered useful, non-dangerous animals by farmers. However, in some areas the aardwolf is hunted for its fur. Encounters with dogs are another threat.

African Buffalo

The African buffalo, affalo, nyathi or Cape buffalo (Syncerus caffer) is a large African bovine. It is not closely related to the slightly larger wild Asian water buffalo, but its ancestry remains unclear. Owing to its unpredictable nature which makes it highly dangerous to humans, it has not been domesticated, unlike its Asian counterpart, the domestic Asian water buffalo.

Description
The African buffalo is a very robust species. It is up to 1.7 metres high, 3.4 metres long. Savannah type buffaloes weigh 500–900 kg, with males, normally larger than females, reaching the upper weight range. Forest type buffaloes are only half that size.

Its head is carried low, its top located below the backline. The front hooves of the buffalo are wider than the rear, which is associated with the need to support the weight of the front part of the body, which is more powerful than the back

Savannah type buffalo have black or dark brown coats with age. Old bulls have whitish circles around their eyes. Female tend to have more reddish coats. Forest type buffalo are reddish brown in color with horns that curve out backwards and upwards. Calves of both types have red coats.

The horns of African buffalo are very peculiar. A characteristic feature of them is the fact that the adult bull's horns have fused bases, forming a continuous bone shield which can not always be penetrated even by a rifle bullet. From the base the horns diverge, then bend down, and then smoothly curved upwards and outwards. The distance between the ends of the horns of large bulls is more than a meter. The young buffalo horn "shield" forms fully only upon reaching the age of 5-6 years. In cows the horns are, on average, 10-20% less, and the "shield" is usually absent. Forest buffalo horns are much smaller and weaker than those of the savannah buffaloes and are almost never fused. They rarely reach a length of even 40 cm.

Subspecies
African Forest Buffalo at the San Diego ZooSyncerus caffer caffer - typical subspecies, the largest one. It is peculiar to South and East Africa. Buffalos of this subspecies living in the south of the continent, notably high in size and ferocity - the so-called cape buffalo. Color of this subspecies is the darkest, almost black.
Syncerus caffer nanus - African Forest Buffalo - Buffalos of this subspecies are very small - the height at the withers less than 120 cm and average weight of about 270 kg. Color dwarf buffalo red, with darker patches on the head and shoulders in the ears form a brush. Dwarf buffalo is common in forest areas of Central and West Africa. This subspecies is so different from the standard model, which some researchers consider it still a separate species S. nanus Between the typical subspecies and dwarf hybrids are not uncommon
S. c. brachyceros, or Sudanese buffalo, who is in morphological terms intermediate between those two subspecies. Occurs in West Africa . Its dimensions are relatively small, especially compared to other buffalo, found in Cameroon , which weigh half as the South African subspecies (bull weighing 600 kg is considered to be in these places are already very large).
S. c. aequinoctialis, which is confined to Central Africa . It is similar to the Cape buffalo, but somewhat smaller, and its color is lighter.
S. c. mathewsi, or mountain buffalo (this subspecies distinguished not by all investigators). It lives in mountainous areas of East Africa.

EcologyThe African buffalo is one of the most successful grazers in Africa. It lives in swamps, floodplains as well as mopane grasslands and forests of the major mountains of Africa. Buffalo prefer habitat with dense cover such as reeds and thickets.

Herds have also been found in open woodland and grassland.

While not particularly demanding with regard to habitat, they require water daily and therefore depend on perennial sources of water.

Buffalo herd in Serengeti NP, TanzaniaLike the Plains zebra, the buffalo can subsist on tall, coarse grasses. Herds of buffalo will reduce grass level to the height that is preferred by selective grazers. When feeding, the buffalo makes use of its tongue and wide incisor row to eat grass more quickly than most other African herbivores. Buffalo do not stay on trampled or depleted areas for long.

Other than humans, African buffalo have few predators and are capable of defending themselves against (and killing) lions.

Lions do kill and eat buffalo regularly, but it typically takes multiple lions to bring down a single adult buffalo. However there have been several incidents in which lone adult male lions have been able to successfully bring down large bulls. The Nile crocodile will typically attack only old solitary animals and young calves.

The cheetah, leopard and spotted hyena are a threat only to newborn calves, though spotted hyenas have been recorded to kill full grown bulls on occasion.

Wild buffalo in Mikumi National Park, Tanzania

DiseasesCape Buffalo are susceptible to many diseases including Bovine tuberculosis, Corridor disease and Foot and Mouth. Like with many diseases, these problems will remain dormant within a population as long as the health of the animals is good. These diseases do however restrict the legal movements of the animals and fencing infected areas from unaffected areas is enforced. Some wardens and game managers have managed to protect and breed "disease free" herds which become very valuable because they can be transported. Most well known is Lindsay Hunt's efforts to source uninfected animals from the Kruger National Park in South Africa. Some disease free buffalo in South Africa have been sold to breeders for close to US$130,000.

Social behaviorHerd size is highly variable. The basic herds consist of related females, and their offspring, in an almost linear dominance hierarchy. The basic herds are surrounded by sub-herds of subordinate males, high-ranking males and females, and old or invalid animals. The young males keep their distance from the dominant bull, who is recognizable by the thickness of his horns.

Bulls preparing to spar.During the dry season, male buffalo will split from the herd and form bachelor groups.

There are two types of bachelor herds; ones made of males that age 4-7 years

and those of males 12 years or older.

During the wet season the younger bulls rejoin a herd to mate with the females. They stay with them throughout the season to protect the calves.

Older bulls sometimes never join the herd as they can no longer compete with the younger, more aggressive males. Males have a linear dominance hierarchy which is based on age and size. Since a buffalo is safer when a herd is larger dominant bulls may rely on subordinate bulls and sometimes tolerate their copulation.

Buffalo herdAdult bulls will spar in play, dominance interactions or actual fights. A bull will approach another lowing with his horns down and wait for the other bull to do the same thing. When sparring the bulls twist their horns from side to side.

If the sparring is for play the bulls may rub each other's faces and bodies during the sparring session. Actual fights are violent but rare and brief. Calves may also spar in play but adult females rarely spar at all.

When chased by predators a herd will stick close together and make it hard for the predators to pick off one member. Calves are gathered in the middle. Buffalo will try to rescue a member that has been caught. A calf's distress call will get the attention of not only the mother but also the herd. Buffalo will engage in mobbing behavior when fighting off predators. They have been recorded treeing lions for two hours, after the lions have killed a member of their group. Lion cubs can get trampled and killed. In one videotaped instance, a calf survived an attack by both lions and a crocodile after intervention of the herd.

Reproduction
Cape buffalo and her calfBuffalo mate and give birth strictly during the rainy seasons. Birth peak takes place early in the season while mating peaks later. A bull will closely guard a cow that comes into heat, while keeping other bulls at bay.

This is difficult as cows are quite evasive and attract many males to the scene. By the time a cow is in full estrous only the most dominant bull in the herd/subherd is there.

Cows first calve at five years of age, after a gestation period of 11.5 months. Newly born calves remain hidden in vegetation for the first few weeks while being nursed occasionally by the mother before joining the main herd. Calves are held in the centre of the herd for safety.

The maternal bond between mother and calf lasts longer than in most bovids. However when a new calf is born the bonding ends and the mother will keep her previous offspring out of the way with horn jabs. Nevertheless the yearling will still tag along for another year or so. Males leave their mothers when they are two years old and join the bachelor groups.

Relationship with humans

Status
Trophy hunter with buffalo prizeThe current status of African Cape buffalo is dependent on the existence of the animal's value to both trophy hunters and tourists, paving the way for conservation efforts through anti-poaching patrols, village crop damage payouts, and CAMPFIRE payback programs to local areas.

A herd in Kenya at sunsetThe buffalo is listed as Least Concern as the species remains widespread, with a global population estimated at nearly 900000 animals, of which more than three-quarters are in protected areas. While some populations (subspecies) are decreasing, others will remain unchanged in the long term if large, healthy populations continue to persist in a substantial number of national parks, equivalent reserves and hunting zones in southern and eastern Africa.

In the past, numbers of African Buffalo suffered their most severe collapse during the great rinderpest epidemic of the 1890s, which, coupled with pleuro-pneumonia, caused mortalities as high as 95% among livestock and wild ungulates.

Being a member of the Big Five Game family, a term originally used to describe the 5 most dangerous animals to hunt, the Cape Buffalo is a sought after trophy with some hunters paying over $10'000US for the opportunity to hunt one. The larger bulls are targeted for their trophy value although in some areas buffalo are still hunted for meat.

AttacksKnown as one of the "big five", "Black Death" or "widowmaker" in Africa, the African buffalo is widely regarded as a very dangerous animal, as it gores and kills over 200 people every year. Buffalo are sometimes reported to kill more people in Africa than any other animal, although the same claim is also made of hippos and crocodiles.

Buffalo are notorious among big game hunters as very dangerous animals, with wounded animals reported to ambush and attack pursuers.

African Civet

The African Civet (Civettictis civetta) is the largest representative of the African Viverridae. It is the sole member of its genus. African Civets can be found from coast to coast across sub-Saharan Africa. They are primarily nocturnal and spend the day sleeping in dense vegetation. During the night, when they are the most active, they can be found in a wide variety of habitat consisting of thick forest to open country. The African Civet is a solitary mammal that is easily recognizable by its unique coloration; the black and white stripes and blotches covering the coarse pelage of the animal are extremely variable and allow it to be cryptic. The black bands surrounding the African Civet’s eyes closely resemble those to the raccoon. Other distinguishing features of the African Civet are its disproportionately large hindquarters and its erectile dorsal crest.

The African Civet is an omnivorous generalist, taking small vertebrates, invertebrates, eggs, carrion, and vegetable matter. It is capable of taking on poisonous invertebrates (such as the millipedes most other species avoid) and snakes. Prey is primarily detected by smell and sound rather than by sight.

Like all civets it has perineal glands that produce a fluid known as civetone (used in the perfume industry), which it spreads on markers in its territory to claim its range. (In fact, "civet" was originally the name for the scent obtained from this species: Middle French civette, from Old Italian zibetto, from Arabic zabAd, civet perfume.)

AnatomyAfrican Civets have an average weight of 11-15kg and ranges in length from 100-130cm from nose to tail. Civettictis civetta is a stocky animal with a long body and appears short-legged for its size although its hind limbs are noticeably larger and more powerful. It has a short broad neck, a pointed muzzle, small rounded ears, small eyes and a long bushy tail.

The African Civet has five digits per manus in which the first toe is slightly set back from the others. The African Civet has long, curved, semi-retractile claws. Its feet are compact and unsuitable for digging or climbing and the soles of the feet are hairless. African Civets have a modified synapsid skull which is heavy-built and is the longest of any viverrid. The zygomatic arch is robust and provides a large area for attachment of the masseter muscle. The skull also has a well developed sagittal crest which provides a large area for attachment of the temporalis muscle. This musculature and the African Civet’s strong mandible give it a powerful bite oriented to its omnivorous diet. African Civet’s have a total of forty teeth and a dental formula of 3/3, 1/1, 4/4, 2/2.

Like many mammals the African Civet has two types of fur; the under fur and guard hairs. The under fur is the bottom layer of fur and is responsible for insulation. Guard hairs are longer hairs which protrude past the under fur and act as a form of protection. The pelage of the African Civet is coarse and wiry and is unique like a fingerprint. The dorsal base color of the fur varies from white to creamy yellow to reddish. The stripes, spots, and blotches which cover the animal are deep brown to black in coloration. Horizontal lines are prominent on the hind limbs, spots are normally present on the midsection of the animal and fade anteriorly into vertical stripes above the forelimbs. The tail of the African Civet is black with a few white bands and the paws are completely black. The head, neck and ears are clearly marked. A black band stretches across its eyes like that of a raccoon and the coloration of its neck is referred to as a double collar because of the two black neck bands.

Following the spine of the animal extending from the neck to the base of the tail is the erectile dorsal crest. The hairs of the erectile crest are longer than those of the rest of the pelage. If the African Civet becomes threatened the erectile crest raises up which makes the animal look larger than it actually is. This is a mechanism for predatory defense.

The perineal gland is what the African Civet is well known for. This gland secretes a white or yellow waxy substance called civet which is used for marking territory. Perineal and anal glands are found in both male and female African Civets. However, the glands are bigger in males, which can produce a stronger secretion. The perineal glands are located between the scrotum and the prepuce in males and between the anus and the vulva in females.

NameCivettictis is derived from the French civette and the Greek ictis, meaning weasel. Civette came from the Arabic zabat used to describe the scent emitted from the perineal glands. African civets are commonly referred to as civet cats, which is misleading since African Civets are not members of the cat family.

Cultural useThe perineal gland secretion has been the basic ingredient for many perfumes for hundreds of years and is still being used today although on the decline since the creation of synthetic musk. African Civets have been kept in captivity and milked for their civet which is diluted into perfumes. They can secrete three to four grams of civet per week and it can be sold for just under five hundred dollars per kilogram.

EcologyReproductionThe average lifespan of an African Civet is fifteen to twenty years. Mating occurs in the warm and wet summer months from August to January. This time is favored because of the large populations of insects. Females create a nest which is normally in dense vegetation and commonly in a hole dug by another animal. Females are polyestrous and can have up to three litters per year. Female African Civets normally give birth to one to four young. The young are born in advanced stages compared to most carnivores. They are covered in a dark, short fur and can crawl at birth. The young leave the nest after eighteen days but are still dependent on the mother for milk and protection for another two months.

African Manatee

The African manatee (Trichechus senegalensis) is a species of manatee and is the least studied of the four species of Sirenians. Photos of African manatees are very rare; although very little is known about this species, scientists think they are similar to the West Indian manatees. They are found in coastal marine and estuarine habitats and in fresh water river systems along the west coast of Africa from the Senegal River south to the Kwanza River in Angola, including areas in Gambia, Liberia, Guinea-Bissau, Guinea, Sierra Leone, Côte d'Ivoire, Ghana, Mali, Nigeria, Cameroon, Chad, Gabon, Republic of the Congo, and Democratic Republic of the Congo. Although crocodiles and sharks occasionally kill manatees in Africa, their only significant threats are from humankind, such as poaching, habitat loss, and other environmental impacts.

They live as far upstream the Niger River as S gou, Mali. Although rare, they occasionally get stranded as the river dries up at the end of rainy season and are cooked for a meal. The name in Songhai, the local language, is "ayyu". A landlocked colony of manatees also lives in Lake Lere in southwestern Chad near the Cameroonian border　something of an anomaly given that the lake is hundreds of miles inland and not connected to the sea in any way.

Manatees roam the Urasi River in the Okija-Ihiala-Oguta area between Anambra and Imo States of Nigeria. These animals are normally in the area between July through November when the Urazi River is heavily flooded. It is believed that they roam from the Oguta Lake in Oguta, Imo State downstream to the River Niger in Onitsha, Anambra State upstream. Sometimes, they run aground and are killed for meat by local people. They are also hunted for the meat, although the Nigerian Government is believed to have outlawed killing the animals. Locally, in Okija, manatees are called "Emei.'

In the Niger Delta the species is under threat from pollution related to oil development.

Also SEE : Sirenia

African elephant

The Elephants of the genus Loxodonta, known collectively as African elephants, are currently found in 37 countries in Africa.

African elephants are distinguished from Asian elephants in several ways, the most noticeable being their much larger ears. Also, the African elephant is typically larger than the Asian elephant and has a concave back. In Asian elephants, only males have tusks, but both males and females of African elephants have tusks and are usually less hairy than their Asian cousins.

African elephants have traditionally been classified as a single species comprising two distinct subspecies, namely the savanna elephant (Loxodonta africana africana) and the forest elephant (Loxodonta africana cyclotis), but recent DNA analysis suggests that these may actually constitute distinct species.[20] This split is not universally accepted by experts.[21] A third species of African elephant has also been proposed.[22]

The authors of an analysis of nuclear DNA extracted from "African savanna elephant, African forest elephant, Asian elephant, the extinct American mastodon, and the woolly mammoth" concluded in 2010 that African savanna and forest elephants are indeed separate species:

We unequivocally establish that the Asian elephant is the sister species to the woolly mammoth. A surprising finding from our study is that the divergence of African savanna and forest elephants—which some have argued to be two populations of the same species—is about as ancient as the divergence of Asian elephants and mammoths. Given their ancient divergence, we conclude that African savanna and forest elephants should be classified as two distinct species.[23]

This reclassification has implications for conservation. If there are two separate species, each will be less abundant (particularly the rarer) and could be more endangered than a more numerous and wide-ranging single species. There is also a potential danger that if the forest elephant is not explicitly listed as an endangered species, poachers and smugglers might be able to evade the law forbidding trade in endangered animals and their products.

The forest elephant and the savanna elephant can hybridize (interbreed), though their preferences for different terrains reduce such opportunities. As the African elephant has only recently been recognized to comprise two separate species, groups of captive elephants have not been comprehensively classified and some could well be hybrids.

Under the new two species classification, Loxodonta africana refers specifically to the savanna elephant, the largest of all elephants. It is the largest land animal, with males standing 3.2 metres (10 ft) to 4 metres (13 ft) at the shoulder and weighing 3,500 kilograms (7,700 lb) up to a reported 12,000 kilograms (26,000 lb).[24] The female is smaller, standing about 3 metres (9.8 ft) at the shoulder.[25] Most often, savanna elephants are found in open grasslands, marshes, and lakeshores. They range over much of the savanna zone south of the Sahara.

The other putative species, the forest elephant (Loxodonta cyclotis), is usually smaller and rounder, and its tusks thinner and straighter compared with the savanna elephant. The forest elephant can weigh up to 4,500 kilograms (9,900 lb) and stand about 3 metres (10 ft) tall. Much less is known about these animals than their savanna cousins, because environmental and political obstacles make them difficult to study. Normally, they inhabit the dense African rain forests of central and western Africa, although occasionally they roam the edges of forests, thus overlapping the savanna elephant home ranges and hybridizing. In 1979, Iain Douglas-Hamilton estimated the continental population of African elephants at around 1.3 million animals.[26] This estimate is controversial and is believed to be a gross overestimate,,[27] but it is very widely cited and has become a de facto baseline that continues to be incorrectly used to quantify downward population trends in the species. Through the 1980s, Loxodonta received worldwide attention due to the dwindling numbers of major populations in East Africa, largely as a result of poaching. According to IUCN’s African Elephant Status Report 2007,[28] there are between 470,000 and 690,000 African elephants in the wild. Although this estimate only covers about half of the total elephant range, experts do not believe the true figure to be much higher, as it is unlikely that large populations remain to be discovered.[29] By far, the largest populations are now found in southern and eastern Africa, which together account for the majority of the continental population. According to a recent analysis by IUCN experts, most major populations in eastern and southern Africa are stable or have been steadily increasing since the mid-1990s, at an average rate of 4.5% per year.

Elephant populations in West Africa, on the other hand, are generally small and fragmented, and only account for a small proportion of the continental total.[31] Much uncertainty remains as to the size of the elephant population in central Africa, where the prevalence of forest makes population surveys difficult, but poaching for ivory and bushmeat is believed to be intense through much of the region.[32] South African elephant population more than doubled, rising from 8,000 to over 20,000, in the thirteen years after a 1995 ban on the trade in elephant ivory.[33] The ban on the ivory trade in southern Africa (but not elsewhere) was lifted in February 2008, sparking controversy among environmental groups.

African wildcat

The African wildcat (Felis silvestris lybica), also known as the desert cat, is a subspecies of the wildcat (F. silvestris). They appear to have diverged from the other subspecies about 131,000 years ago. Some individual F. s. lybica were first domesticated about 10,000 years ago in the Middle East, and are the ancestors of the domestic cat. Remains of domesticated cats have been included in human burials as far back as 9,500 years ago in Cyprus.

Physical characteristics

The African wildcat is sandy brown to yellow-grey in color, with black stripes on the tail. The fur is shorter than that of the European subspecies. It is also considerably smaller: the head-body length is 45 to 75 cm (17.7 to 29.5 inches), the tail 20 to 38 cm (7.87 to 15 inches), and the weight ranges from 3 to 6.5 kg (6.61 to 14.3 lbs).

Distribution and habitatThe African wildcat is found in Africa and in the Middle East, in a wide range of habitats: steppes, savannas and bushland. The sand cat (Felis margarita) is the species found in even more arid areas.

BehaviourThe African wildcat eats primarily mice, rats and other small mammals. When the opportunity arises, it also eats birds, reptiles, amphibians, and insects. The cat approaches its prey slowly, and attacks by pouncing on its prey as soon as it is within range (about one metre). The African wildcat is mainly active during the night and twilight. When confronted, the African wildcat raises its hair to make itself seem larger and intimidate its opponent. In the daytime it usually hides in the bushes, although it is sometimes active on dark, cloudy days. The territory of a male overlaps with that of a few females, who defend the territory against intruders. A female gives birth to two to six kittens, with three being average. The African wildcat often rests and gives birth in burrows or hollows in the ground. The gestation lasts between 56 and 69 days. The kittens are born blind and need the full care of the mother. Most kittens are born in the wet season, when there is sufficient food. They stay with their mother for five to six months and are fertile after one year.

Subspecies origin

Based on a mitochondrial DNA study of 979 domestic and wild cats from Europe, Asia, and Africa, Felis silvestris lybica split off from the European wildcat about 173,000 years ago and from the Asian subspecies F. s. ornata and F. s. cafra about 131,000 years ago. About 10,000 years ago, some Felis silvestris lybica individuals were domesticated in the Middle East. Modern domestic cats are derived from at least five "Mitochondrial Eves". None of the other subspecies of Felis silvestris contributed to the domestic breed, and many of those subspecies' own mtDNA is being swamped by interbreeding with feral cats.

In philatelyThe Libyan Posts (GPTC General Posts and Telecommunications Company) in cooperation with World Wide Fund for Nature, dedicated a postage stamps issue to Felis lybica on November 1, 1997. The issue was made of a set of four stamps printed in minisheet with two sets.

Australian Fur Seal

The Brown Fur Seal (Arctocephalus pusillus), also known as the Cape Fur Seal, South African Fur Seal and the Australian Fur Seal) is a species of fur seal.

Physical description

The Brown Fur Seal has a large broad head and a pointed snout. Males are brown to dark gray with a darker mane and a light underside. They grow up to 2.2m (7ft) and weigh around 200-360 kg (440-800lb). Females are gray to light brown with a dark underside and light throat. They grow up to 1.7m (5ft) and weigh on average 120kg (260lbs). Pups are black at birth but turn gray with a pale throat after molting. They are capable of diving to a depth of 600 meters (2000ft).

Distribution and habitat

The Brown Fur Seal is found along the coast of Namibia and along the west coast of South Africa to the Cape of Good Hope and the Cape Province. Its Australian subspecies breeds on nine islands in the Bass Strait between Tasmania and Victoria.

Both subspecies mostly haul out and breed on rocky islands, rock ledges or reefs and pebble or boulder beaches. However South African Fur Seals have large breeding sites on sandy beaches in South Africa, and a non-breeding group regularly hauls out on a sandy beach in Cape Fria in northern Namibia.

Foraging

Brown Fur Seals feed mostly on bony fish as well as cephalopods, crustaceans and even birds. The Australian subspecies forages at the bottom of the continental shelf while the African subspecies forages in the open ocean.

Behavior and reproductionAlthough Brown Fur Seals normally travel alone, large group of these seals can be seen rafting in kelp beds. Pregnant females will stay 7 weeks away from the land before the breeding season.

Brown Fur Seals breed in mid-October. Unlike many eared seal species, females are free to choose their mate and he is judged based on the value of his territory. Both males and females fight for territories with individuals of the same sex. Females have smaller territories and a male's territory may overlap that of several females. A harem may consist of 50 females for one male.

Pups are usually born between late November and early December. After they are born the females start to mate with their harem leaders. The female spends the next several months foraging at sea and nursing her pup, who is weaned at four months old. The pups begin swimming at an early age and the time they spend in the water increases as the pup learns more. By seven months the pup can swim for two to three days at a time.

Predators

The Brown Fur Seal's main predator is the Great white shark, although they are also preyed upon by various other animals as well, such as orcas. Land-based predators are black-backed jackals and brown hyenas on the Skeleton Coast in Namibia.

In False Bay, the seals employ a number of anti-predatory strategies while in shark-infested waters such as:

Swimming in large groups

Low porpoising to increase sub-surface vigilance

Darting in different directions to cause confusion when attacked

It rides near the dorsal fin to keep out of reach of the shark's jaws when attacked.

Human interactions

The Brown Fur Seal is an inquisitive and friendly animal when in the water and will often accompany SCUBA divers. They will swim around divers for periods of several minutes at a time, even at a depth of 60m. On land they are far less relaxed and tend to panic when people come near them.

Australian fur seals were hunted greatly between 1798 and 1825 for commercial reasons. Seal hunting stopped in Australia in 1923 and their population is still recovering. Breeding and haul out sites are protected by law. However the Tasmanian government authorized the killing of "nuisance" fur seals in October 2000.

South African fur seals have a very robust and healthy population. Harvesting of seals was outlawed in South Africa in 1990.

Baboon

Baboons are African and Asian Old World monkeys belonging to the genus Papio, part of the subfamily Cercopithecinae. There are five species, which are some of the largest non-hominid members of the primate order; only the Mandrill and the Drill are larger. Previously, the closely related Gelada (genus Theropithecus) and two species of Mandrill and Drill (genus Mandrillus) were grouped in the same genus, and these Old World monkeys are still often referred to as baboons in everyday speech. They range in size and weight depending on species. The Guinea Baboon is 50 cm (20 inches) and weighs only 14 kg (30 lb) while the largest Chacma Baboon can be 120 cm (47 inches) and weigh 40 kg (90 lb). A group of baboons is collectively called a troop or congress.

Classification and taxonomyFive species of papio are commonly recognized, although there is some disagreement about whether they are really full species or subspecies. They are P. ursinus (Chacma Baboon, found in southern Africa), P. papio (Western, Red, or Guinea Baboon, found in the far western Africa), P. hamadryas (Hamadryas Baboon, found in the Horn of Africa and south-western Arabia), P. anubis (Olive Baboon, found in the north-central African savanna) and P. cynocephalus (Yellow Baboon, found in south-central and eastern Africa). Many authors distinguish P. hamadryas as a full species, but regard all the others as subspecies of P. cynocephalus and refer to them collectively as "savanna baboons". This may not be helpful: it is based on the argument that the Hamadryas Baboon is behaviorally and physically distinct from other baboon species, and that this reflects a separate evolutionary history. However, recent morphological and genetic studies of papio show the Hamadryas Baboon to be more closely related to the northern baboon species (the Guinea and Olive Baboons) than to the southern species (the Yellow and Chacma Baboons).

The traditional 5-form classification probably under-represents the variation within Papio. Some commentators argue that at least two more forms should be recognized, including the very tiny Kinda Baboon (P. cynocephalus kindae) from Zambia, the DRC, and Angola, and the Gray-footed Baboon (P. ursinus griseipes) found in Zambia, Botswana, Zimbabwe, Mozambique, and northern South Africa. However, current knowledge of the morphological, genetic, and behavioral diversity within Papio is too poor to make any final, comprehensive judgment on this matter.

ClassificationThere are 5 species of baboons in the genus Papio:

Genus Papio

Hamadryas Baboon, Papio hamadryas

Guinea Baboon, Papio papio

Olive Baboon, Papio anubis

Yellow Baboon, Papio cynocephalus

Papio cynocephalus cynocephalus

Ibean Baboon, Papio cynocephalus ibeanus

Kinda Baboon, Papio cynocephalus kindae

Chacma Baboon, Papio ursinus

Cape Chacma, Papio ursinus ursinus

Gray-footed Chacma, Papio ursinus griseipes

Ruacana Chacma, Papio ursinus raucana

Anatomy and physiology

All baboons have long dog-like muzzles; heavy, powerful jaws with sharp canine teeth; close-set eyes; thick fur except on their muzzle; a short tail; and rough spots on their protruding buttocks, called ischial callosities. These calluses are nerveless, hairless pads of skin that provide for the sitting comfort of the baboon.

In all baboon species there is pronounced sexual dimorphism, usually in size but also sometimes in colour or canine development. Males of the Hamadryas Baboon species also have a large white mane.

Behavior

Baboons are terrestrial (ground dwelling) and are found in open savannah, open woodland and hills across Africa. Their diet is omnivorous, but mostly vegetarian; yet they eat insects and occasionally prey on fish, shellfish, hares, birds, vervet monkeys, and small antelopes. They are foragers and are active at irregular times throughout the day and night. They can raid human dwellings and in South Africa they have been known to prey on sheep and goats.

Their principal predators are humans, the lion, both the spotted and striped hyenas and the leopard for babies, although they are tough prey for a leopard and large males will often confront them by flashing their eyelids, showing their teeth by yawning, making gestures, and chasing after the intruder/predator.

Baboons in captivity have been known to live up to 45 years, while in the wild their life expectancy is about 30 years.

Social systems

Most baboons live in hierarchical troops. Group sizes vary between 5 to 250 animals (often about 50 or so), depending on specific circumstances, especially species and time of year. The structure within the troop varies considerably between Hamadryas Baboons and the remaining species, sometimes collectively referred to as savanna baboons. The Hamadryas Baboon often appear in very large groups composed of many smaller harems (one male with four or so females), to which females from elsewhere in the troop are recruited while they're still too young to breed. Other baboon species have a more promiscuous structure with a strict dominance hierarchy based on the matriline. The Hamadryas Baboon group will typically include a younger male, but he will not attempt to mate with the females unless the older male is removed.

Baboons can determine from vocal exchanges what the dominance relations are between individuals. When a confrontation occurs between different families or where a lower-ranking baboon takes the offensive, baboons show more interest in the exchange than exchanges between members of the same family or when a higher-ranking baboon takes the offensive. This is because confrontations between different families or rank challenges can have a wider impact on the whole troop than an internal conflict in a family or a baboon reinforcing its dominance.

The collective noun for baboons is commonly troop or congress, although flange is also increasingly used. This unusual term originates from a Not the Nine O'Clock News comedy sketch entitled "Gerald The Intelligent Gorilla" where it was used for comic effect.

In the harems of the Hamadryas Baboons, the males jealously guard their females, to the point of grabbing and biting the females when they wander too far away. Despite this, some males will raid harems for females. In such situations it often comes to aggressive fights by the males. Visual threats are usually accompanied by these aggressive fights. This would include a quick flashing of the eyelids accompanied by a yawn to show off the teeth. Some males succeed in taking a female from another's harem. This is called a "takeover". In many species, infant baboons are taken by the males as hostages during fights.

Mating and birth

Baboon mating behavior varies greatly depending on the social structure of the troop. In the mixed groups of savanna baboons, each male can mate with any female. The mating order among the males depends partially on their social ranking, and fights between males are not unusual.

A female baboon with young. Okavango delta BotswanaThere are however more subtle possibilities; in mixed groups males sometimes try to win the friendship of females. To garner this friendship, they may help groom the female, help care for her young, or supply them with food. The probability is high that those young are their offspring. Some females clearly prefer such friendly males as mates. However, males will also take infants during fights in order to protect themselves from harm.

A female initiates mating by presenting her swollen rump to the male. But "presenting" can also be used as a submissive gesture and is observed in males as well. This submissive gesture has many unspoken meanings amongst the troop. The dominant males often engage in what is known as a false-mount, in which they mount the submissive males. It is a sign of dominance, and happens very commonly to younger males in the troop.

Females typically give birth every other year, usually to a single infant, after a six month gestation. The young baboon weighs approximately one kilogram and has a black epidermis when born. The females tend to be the primary caretaker of the young, although several females will share the duties for all of their offspring.

After about one year, the young animals are weaned. They reach sexual maturity in five to eight years. Baboon males leave their birth group, usually before they reach sexual maturity, whereas females are "philopatric" and stay in the same group their whole life.

Relationship with humans

In Egyptian mythology, Babi was the deification of the Hamadryas Baboon and was therefore a sacred animal. It was known as the attendant of Thoth and so is also called the Sacred Baboon.

Bat-eared Fox

The Bat-eared Fox (Otocyon megalotis) is a canid of the African savanna, named for its large ears. Fossil records show this canid to first appear during the middle Pleistocene, about 800,000 years ago.

The Bat-eared Fox has tawny fur with black ears, legs and parts of the pointed face. It averages 55 cm in length (head and body), with ears 13 cm long. It is the only species in the genus Otocyon. The name Otocyon is derived from the Greek words "oto" for ear and "cyon" for dog.

The teeth of the Bat-eared Fox are much smaller than teeth of other canid species. This is an adaptation to its insectivorous diet, insects making up as much as 80% of its food intake.[4] The Bat-eared Fox visits termite hills, follows locust swarms and stays close to herds of zebras or antelopes in order to feed on the insects landing on their excrement. In addition to insects, the Bat-eared Fox eats rodents, birds and eggs, and sometimes fruits. Most of its water intake comes from the food it eats.

Bat-eared Foxes are mostly nocturnal animals that live in small groups consisting of mated pairs and their young. The pairs live in dens and typically raise two to five pups together. Mated pairs are very social and are monogamous, although it is unknown if they mate for life.

Due to its unusual teeth, the Bat-eared Fox was once considered as a distinct subfamily of canids (Otocyoninae). However, according to more recent examinations, it is more closely related to the true foxes of the genus Vulpes.[citation needed] Other research places the genus as an outgroup which is not very closely related to foxes. The Bat-eared Fox is an old species that was widely distributed in the Pleistocene era. In that time, it even lived in parts of West and South Asia.

Subspecies

There are two recognized subspecies of this fox:

Otocyon megalotis megalotis - South Zambia, Botswana, Namibia, South Africa, Angola, Mozambique, Zimbabwe

Otocyon megalotis virgatus - Ethiopia, Kenya, Somalia, Sudan, Tanzania, Uganda

Black Rhinoceros

The Black Rhinoceros or Hook-lipped Rhinoceros (Diceros bicornis), is a species of rhinoceros, native to the eastern and central areas of Africa including Kenya, Tanzania, Cameroon, South Africa, Namibia, Zimbabwe, and Angola. Although the Rhino is referred to as black, it is actually more of a grey/brown/white color in appearance.

The other African rhinoceros is the White Rhinoceros (Ceratotherium simum). These common names are misleading, as those two species are not really distinguishable by color. The word white in the name "White Rhinoceros" is a mistranslation of the Dutch word wijd for wide, referring to its square upper lip, as opposed to the pointed or hooked lip of the Black Rhinoceros. These species are now sometimes referred to as the Square-lipped (for White) or Hook-lipped (for Black) Rhinoceros.

Taxonomy and naming

There are four recognized subspecies of the black rhinoceros:

South-central (Diceros bicornis minor) which are the most numerous, and once ranged from central Tanzania south through Zambia, Zimbabwe, and Mozambique to northern and eastern South Africa.

South-western (Diceros bicornis bicornis) are better adapted to the arid and semi-arid savannas of Namibia, southern Angola, western Botswana, and western South Africa.

East African (Diceros bicornis michaeli) which had a historic distribution from south Sudan, Ethiopia, down through Kenya into north-central Tanzania. Today, its range is limited primarily to Tanzania.

West African (Diceros bicornis longipes) historically occurred across the savanna belt in western Africa, but in recent times it only remained in northern Cameroon. In 2006 an intensive survey across its purtative range in Cameroon failed to locate any, leading to fears that it is extinct. In the hope that a tiny undiscovered population remains, it is maintained as Critically Endangered by the IUCN.

Description

An adult Black Rhinoceros stands 140–170 cm (55–67 in) high at the shoulder and is 3.3–3.6 m (11–12 ft) in length. An adult weighs from 800 to 1,400 kg (1,800 to 3,100 lb). The females are smaller than the males. Two horns on the skull are made of keratin with the larger front horn typically 50 cm (20 in) long, exceptionally up to 140 cm (55 in).

The longest known horn measured nearly 1.5 m (4.9 ft) in length. Sometimes, a third smaller horn may develop. These horns are used for defense, intimidation, and digging up roots and breaking branches during feeding. Skin color depends more on local soil conditions and the rhinoceros' wallowing behavior than anything else, so many black rhinos are typically not truly black in color. The Black Rhino is smaller than the White Rhino, and has a long, pointed, and prehensile upper lip, which it uses to grasp leaves and twigs when feeding. White Rhinoceros have square lips used for eating grass. The Black Rhinoceros can also be recognized from the White Rhinoceros by its smaller skull and ears.

Their thick layered skin protects the rhino from thorns and sharp grasses. Their skin harbors external parasites, such as mites and ticks, which are eaten by oxpeckers and egrets that live with the rhino. Such behaviour was originally thought to be an example of mutualism, but recent evidence suggests that oxpeckers may be parasites instead, feeding on rhino blood. Black rhinos have poor eyesight, relying more on hearing and smell. Their ears possess a relatively wide rotational range to detect sounds and an excellent sense of smell to alert them the presence of predators.

Distribution

For most of the 20th century the continental black rhino was the most numerous of all rhino species. Around 1900 there were probably several hundred thousand living in Africa. During the latter half of the 20th century their numbers were severely reduced from an estimated 70,000 in the late 1960s to only 10,000 to 15,000 in 1981. In the early 1990s the number dipped below 2,500, and in 2004 it was reported that only 2,410 black rhinos remained. According to the International Rhino Foundation, the total African population has recovered to 4240 by 2008 (which suggests that the 2004 number was low). In 2002 only 10 West African Black Rhinos remained in Cameroon, and in 2006 intensive surveys across its putative range failed to locate any, leading to fears that this subspecies is extinct, though it is maintained as Critically Endangered by the IUCN.

The only rhino that has recovered somewhat from the brink of extinction is the southern white whose numbers now are estimated around 14,500, up from fewer than 50 in the first decade of the 20th Century.

The Black Rhinoceros has been pushed to the brink of extinction by illegal poaching for their horn, and to a lesser extent by loss of habitat. A major market for rhino horn has historically been in the Middle East to make ornately carved handles for ceremonial daggers called jambiyas. Demand for these exploded in the 1970s causing the Black Rhinoceros population to decline 96% between 1970 and 1992. The horn is also used in traditional Chinese medicine, and is said by herbalists to be able to revive comatose patients, cure fevers, and aid male sexual stamina and fertility. The purported effectiveness of the use of rhino horn in treating any illness has not been confirmed by medical science. In June 2007, the first-ever documented case of the medicinal sale of black rhino horn in the United States (confirmed by genetic testing of the confiscated horn) occurred at a traditional Chinese medicine supply store in Portland, Oregon's Chinatown.

Behavior

Solitary animals with the exception of coming together to mate, mothers and calves will sometimes congregate in small groups for short periods of time. Males are not as sociable as females, although they will sometimes allow the presence of other rhinos. They are not very territorial and often intersect other rhino territories. Home ranges vary depending on season and the availability of food and water. Generally they have smaller home ranges and larger density in habitats that have plenty of food and water available, and vice versa if resources are not readily available. In the Serengeti home ranges are around 43 to 133 km², while in the Ngorongoro it is between 2.6 to 44 km². Black Rhinos have also been observed to have a certain area they tend to visit and rest frequently called "houses" which are usually on a high ground level.

The Black Rhino has a reputation for being extremely aggressive. They attack out of fear, confusion, and panic. They will charge if they sense a threat, which occurs frequently due to their very poor eyesight. They have even been observed to charge tree trunks and termite mounds. Black Rhinos will fight each other, and they have the highest rates of mortal combat recorded for any mammal: about 50% of males and 30% of females die from combat-related injuries. Adult Black Rhinos normally have no natural predators, but they may fall prey to crocodiles in exceptional circumstances.

Black Rhinoceros follow the same trails as elephants use to get from foraging areas to water holes. They also use smaller trails when they are browsing. They are very fast and can get up to speeds of 56 kilometres per hour (35 mph) running on their toes.

Diet

The Black Rhinoceros is a herbivorous browser that eats leafy plants, branches, shoots, thorny wood bushes, and fruit. Their diet can reduce the amount of woody plants, which mat benefits grazers, but not competing browsers. It has been known to eat up to 220 species of plants. It can live up to 5 days without water during drought. Black Rhinos live in primarily grasslands, savannas, and tropical bushland habitats.

They browse for food in the morning and evening. In the hottest part of the day they are most inactive spent resting, sleeping, and wallowing in the mud. Wallowing is an essential part of all rhino species lives. It helps cool down their body temperature during the day and protects against parasites. If mud is not available they will resort to wallowing in dust. Drinking water is most commonly done towards the afternoon. When Black Rhinos browse they use their lips to strip the branches of their leaves.

Communication

Many forms of communication are exhibited by these animals. Due to their bad eyesight and solitary nature, scent marking is often used to identify other Black Rhinos. Urine spraying occurs on trees and bushes, around water holes and feeding areas. Females urine spray more often when receptive for breeding. Defecation occurs in the same spot used by many different rhinos found around feeding stations, watering tracks, and other areas. These are very important for identifying each other. Coming upon these spots, rhinos will smell to see who is in the area and add their own marking. Less commonly they will rub their heads or horns against tree trunks to scent mark.

Different types of complex vocalizations have also been observed. Growls and trumpets may be used during a fight. A long snort indicates anger, while sneeze-like calls are used as an alarm to danger. Short snorts with pricked ears and wrinkled nostrils are a startled reaction to a newcomer. A high-pitched wonk has been described for when they are fearful. Even worse is a high-pitched scream observed in times of terror. "Mmwonk", a deep, resonant sound is a sign of contentment. Squeak, done with different tones and intonations can mean "I'm lost", "Where are you?", "I'm over here", and other emotions that are not yet understood. Breathing speeds can be used to communicate greetings, anxiety, and reassurance. A puffing snort is a common greeting when males and females encounter one another.

Body language is the least important of Black Rhinoceros communications. A bull will sometimes display an aggressive ritual towards a potential rival. They will smell, spray repeatedly, scrape, trample, and bash with their heads in bushes. They may also snort in an attack posture. When their tail is up, it may indicate one of several things: curiosity, alarm, or sexual receptivity. Erect ears also indicate curiosity, though flat ears express anger.

Reproduction

The adults are solitary in nature, coming together only for mating. Mating does not have a seasonal pattern but births tend to be towards the end of the rainy season in more arid environments.

When in season the females will scrape their vaginas more vigorously with dung piles. Males following females that are in season will follow her; when she defecates he will scrape and spread the dung, making it more difficult for any other adult males to pick up her scent trail.

Courtship behaviors before mating include snorting and sparring with the horns among males. Another courtship behavior is called bluff and bluster, where the rhino will snort and swing its head from side to side aggressively before running away repeatedly. Breeding pairs stay together for 2–3 days and sometimes even weeks. They mate several times a day over this time and copulation lasts for a half an hour.

The gestation period is 15 to 16 months. The single calf weighs about 35–50 kg at birth, and can follow its mother around after just three days. Weaning occurs at around 2 years of age for the offspring. The mother and calf stay together for 2–3 years until the next calf is born; female calves may stay longer, forming small groups. The young are occasionally taken by hyenas and lions. Sexual maturity is reached from 5–7 years old for females, and 7–8 years for males. The life expectancy in natural conditions (without poaching pressure) is from 35–50 years.

Black-backed Jackal

The Black-backed Jackal (Canis mesomelas), also known as the Silver-backed or Red Jackal, is a species of jackal which inhabits two areas of the African continent separated by roughly 900 km. One region includes the southern-most tip of the continent including South Africa, Namibia, Botswana, and Zimbabwe. The other area is along the eastern coastline, including Kenya, Somalia, and Ethiopia. It is listed by the IUCN as least concern, due to its widespread range and adaptability, although it is still persecuted as a livestock predator and rabies vector. The fossil record indicates that the species is the oldest extant member of the genus Canis. Although the most lightly built of jackals, it is the most aggressive, having been observed to singly kill animals many times its own size, and its intra-pack relationships are more quarrelsome.

Evolution

The black-backed jackal is an exceptionally stable and ancient form of canid, with many fossils dating as far back as the Pleistocene epoch. Fossil jackals discovered in the Transvaal cave are roughly the same size as their descendents, though their nasal bones differ in size. Although numerous fossils dating back to 2 million years ago have been found in Kenya, Tanzania, and South Africa, they are entirely absent in Ethiopia, indicating that the species has never expanded past sub-saharan Africa. Mitochondrial DNA analysis' display a large sequence divergence in black-backed jackals from other jackal species, indicating they diverged 2.3–4.5 million years ago.

Physical description

Black-backed jackals are small, foxlike canids which measure 38–48 cm in shoulder height and 68-74.5 cm in length. The tail measures 30–38 cm in length. Weight varies according to location; East African jackals weigh 7-13.8 kg (15-30 lb). Male jackals in Zimbabwe weigh 6.8-9.5 kg (15-21 lb), while females weigh 5.4–10 kg (12-22 lb). Their skulls are elongated with pear-shaped braincases and narrow rostrums. The black-backed jackal's skull is similar to that of the Side-striped Jackal, but is less flat, and has a shorter, broader rostrum. Its sagittal crest and zygomatic arches are also heavier in build. Its carnassials are also larger than those of its more omnivorous cousin. Black-backed jackals are taller and longer than golden jackals, but have smaller heads.

The general colour is reddish brown to tan, while the flanks and legs are redder. Males tend to be more brightly coloured than females, particularly in their winter coat. The back is intermixed with silver and black hairs, while the underparts are white. Their tails have a black tip, unlike side-striped jackals which have white tipped tails. The back of the ears are light yellowish brown, well clothed with hair without and within. The hair of the face measures 10–15 mm in length, and lengthens to 30–40 mm on the rump. The guard hairs of the back are 60 mm on the shoulder and decreasing to 40 mm at the base of the tail. The hairs of the tail are the longest, measuring 70 mm in length.

Behaviour

Social behaviour and reproduction

Jackals usually den in holes made by other species, though they will occasionally dig their own; females will dig tunnels 1–2 metres in depth with a 1 metre wide entrance. Black-backed jackals are monogamous and territorial animals, whose social organisation greatly resembles that of golden jackals. However, unlike the latter species, the assistance of elder offspring in helping raise the pups of their parents has a greater bearing on pup survival rates. During the mating season, they become increasingly more vocal and territorial, with dominant animals preventing same sexed subordinates from mating through constant harassment. In southern Africa, mating occurs from late May to August, with a 60 day gestation period. Pups are born from July to October. It is theorised that summer births are timed to coincide with population peaks of vlei rats and four striped grass mice, while winter births are timed for ungulate calving seasons. Litters usually consist of 3-6 pups. For the first 3 weeks of their lives, the pups are kept under constant surveillance by their mother, while the father and elder offspring provide food. They typically leave the den after 3 weeks, and become independent at 6–8 months. Pups have drab coloured coats, which only reach full intensity at the age of two years. Unlike golden jackals, which have comparatively amicable intra-pack relationships, black-backed jackal pups become increasingly quarrelsome as they age, and establish more rigid dominance heirarchies. Dominant cubs will appropriate food, and become independent at an earlier age.

Diet

Black-backed jackals are omnivores, which feed on invertebrates such as beetles, grasshoppers, crickets, termites, millipedes, spiders and scorpions. They will also feed on mammals such as rodents, hares and young antelopes up to the size of topi calves. They will also feed on carrion, lizards, snakes. A pair of black-backed jackals in the Kalahari desert was observed to kill and devour a kori bustard and, on a separate occasion, a black mamba via prolonged harassment of the snake and crushing of the snake's head. Black-backed jackals will occasionally feed on fruits and berries. In coastal areas, they will feed on beached marine mammals, seals, fish and mussels. A single jackal is capable of killing a healthy adult impala. Adult dik dik and Thompson's gazelles seem to be the upper limit of their killing capacity, though they will target larger species if they are sick, with one pair having been observed to harass a crippled bull rhinoceros. They typically kill tall prey by biting at the legs and loins, and will frequently go for the throat. In Serengeti woodlands, they feed heavily on African Grass Rats. In East Africa, during the dry season, they hunt the young of gazelles, impalas, topi, tsessebe and warthogs. In South Africa, black-backed jackals frequently prey on antelopes (primarily impala and springbok and occasionally duiker, reedbuck and steenbok), carrion, hares, hoofed livestock, insects, and rodents. They will also prey on small carnivores such as mongooses, polecats and wild cats. On the coastline of the Namib Desert, jackals feed primarily feed on marine birds (mainly Cape and white breasted cormorants and jackass penguins), mammals (including Cape fur seals), fish, and insects.

In the Ngorongoro Crater, where both black-backed and golden jackals are found in equal numbers, the former species congregates at carcasses in large numbers far more readily, and is bolder in approaching larger predators.

Interspecific predatory relationships

Eagles are the primary threat to cubs; bateleur eagles will carry off pups up to the age of 10 weeks, while the larger martial eagles will even target subadults. Spotted hyenas and golden jackals will also kill unprotected pups.

The main threat to adults are leopards.

Although smaller than side-striped jackals, the more aggressive black-backed jackals have been observed to dominate them in direct encounters.

Vocalisations

Sounds made by black-backed jackals include yelling, yelping, woofing, whining, growling and cackling. When calling to one another, they emit an abrupt yelp followed by a succession of shorter yelps. Jackals of the same family will answer each others calls, while ignoring those of strangers. When threatened by predators, they yell loudly. Black-backed jackals in southern Africa are known to howl much like golden jackals. They woof when startled, and cackle like foxes when trapped.

Habitat

In their northeastern range, black-backed jackals inhabit habitat zones intermediate to the grasslands favoured by golden jackals and the woodlands favoured by side-striped jackals. In the Serengeti, black backed jackals predominate in Acacia and Commiphora woodlands, while the golden species limits itself to open plains. In their southern range, where golden jackals are absent, black backed jackals are found in more open and arid habitats, though preferring areas with scattered brush.

Diseases and parasites

Black-backed jackals can carry diseases such as rabies, canine parvovirus, canine distemper, canine adenovirus, Ehrlichia canis and African horse sickness. Jackals in Etosha National Park may carry anthrax. Black-backed jackals are major rabies vectors, and have been associated with epidemics, which appear to cycle every 4–8 years. Jackals in Zimbabwe are able to maintain rabies independently of other species. Although oral vaccinations are effective in jackals, the long term control of rabies continues to be a problem in areas where stray dogs are not given the same immunisation.

Jackals may also carry trematodes like Athesmia, cestodes like Dipylidium caninum, Echinococcus granulosus, Joyeuxialla echinorhyncoides, J. pasqualei, Mesocestoides lineatus, Taenia erythraea, T. hydatigena, T. jackhalsi, T. mulitceps, T. pungutchui, and T. serialis. Nematodes carried by black-backed jackals include Ancylostoma braziliense, A. caninum, A. martinaglia, A. somaliense, A. tubaeforme, and Physaloptera praeputialis and protozoans such as Babesia canis, Ehrlichia canis, Hepatozoon canis, Rickettsia canis, Sarcocytis, Toxoplasma gondii, and Trypanosoma congolense. Mites may cause sarcoptic mange. Tick species include Amblyomma hebraeum, A. marmoreum, A. nymphs, A. variegatum, Boophilus decoloratus, Haemaphysalis leachii, H. silacea, H. spinulosa, Hyelomma, Ixodes pilosus, I. rubicundus, Rhipicephalus appendiculatus, R. evertsi, R. sanguineus, and R. simus. Flea species include Ctenocephalides cornatus, Echidnophaga gallinacea, and Synosternus caffer.

Relationships with humans

In folklore

Black-backed jackals feature prominently in the folklore of the Khoikhoi, where it is often paired up with the lion, whom it frequently outsmarts or betrays with its superior intelligence. One story explains that the black-backed jackal gained its dark saddle when it offered to carry the sun on its back.

Livestock predation

Black-backed jackals will occasionally hunt domestic animals, including dogs, cats, pigs, goats, sheep, and poultry, with sheep tending to predominate. They rarely target cattle, though cows giving birth may be attacked. Jackals can be a serious problem for sheep farmers, particularly during the lambing season. Sheep losses to black-backed jackals in a 440 km study area in KwaZulu-Natal consisted of 0.05% of the sheep population. Of 395 sheep killed in a sheepfarming area in KwaZulu-Natal, 13% were killed by jackals. Jackals usually kill sheep via a throat bite, and will begin feeding by opening the flank and consuming the flesh and skin of the flank, heart, liver, some ribs, haunch of hind leg, and sometimes the stomach and its contents. In older lambs, the main portions eaten are usually heart and liver. Usually only one lamb per night is killed in any one place but sometimes two and occasionally three may be killed. In sheep farming areas, black-backed jackals will time their pup births to coincide with the lambing season. The oral history of the Khoikhoi indicates that black-backed jackals have been a nuisance to pastoralists long before European settlement. South Africa has been using fencing systems to protect sheep from jackals since the 1890s, though such measures have mixed success, as the best fencing is expensive, and jackals can easily infiltrate cheap wire fences.

Hunting

Due to livestock losses to jackals, many hunting clubs were opened in South Africa in the 1850s. Black-backed jackals have never been successfully eradicated in hunting areas, despite strenuous attempts to do so with dogs, poison and gas. Black-backed jackal coursing was first introduced to the Cape Colony in the 1820s by Lord Charles Somerset who, as well as an avid fox hunter, sought a more effective method of managing jackal populations, as shooting proved ineffective. Coursing jackals also became a popular pastime in the Boer Republics, particularly in Orange Free State, where it was standard practise to flush them from their dens with terriers and send greyhounds in pursuit. This was fraught with difficulty however, as jackals were difficult to force out of their earths, and usually had numerous exits to escape from. This method is still used by farmers in Free State. In the western Cape in the early 1900s, dogs bred by crossing foxhounds, lurchers and borzoi were used.

Spring traps with metal jaws were also effective, though poisoning by strychnine became more common by the late 19th century. Strychnine poisoning was initially problematic, as the solution had a bitter taste, and could only work if swallowed. Consequently, many jackals learned to regurgitate poisoned baits, thus inciting wildlife managers to use the less detectable crystal strychnine rather than liquid. The poison was usually placed within sheep carcasses or in balls of fat, with great care being taken to avoid leaving any scent on them. Black-backed jackals were not a popular quarry in the 19th century, and are rarely mentioned in hunter's literature. By the turn of the century, jackals became increasingly popular quarries as they encroached upon human habitations after sheep farming and veld burning diminished their natural food sources. Although poisoning had been effective in the late 19th century, its success rate in eliminating jackals waned in the 20th century, as jackals seemed to be learning to distinguish poisoned foods. Today, professional South African hunters commonly lure jackals by using pre-recorded jackal calls.

The Tswana people often made hats and cloaks out of black-backed jackal skins. Between 1914-1917, 282,134 jackal pelts (nearly 50,000 a year) were produced in South Africa. Demand for pelts grew during the First World War, and were primarily sold in Cape Town and Port Elizabeth. Jackals in their winter fur were in great demand, though animals killed by poison were less valued, as their fur would shed.

Black-faced Impala

The Black-faced Impala (Aepyceros melampus petersi) is a subspecies of the impala native to Angola and Namibia.

It is not hard to tell it apart from common impala, being significantly larger with a black facial marking. It is also found in separate locations. While the species as whole is never endangered, this subspecies had come close to extinction. In 1968 - 1971 310 individuals were transferred to Etosha National Park for better protection, and its number is steadily increasing. However, the current population is still less than 1,000 and interbreeding with the common impala from nearby farms is damaging to the gene pool.

Blue Wildebeest

The Blue Wildebeest (Connochaetes taurinus), also called the Common Wildebeest, is a large antelope and one of two species of wildebeest. It grows to 115–145 cm shoulder height and attains a body mass of 168–274 kg. They range the open plains, bushveld and dry woodlands of Southern and East Africa, living for more than twenty years. The male is highly territorial, using scent markings and other devices to protect his domain. The largest population is in the Serengeti, numbering over one million animals.

Names

Nyassaland Wildebeest (C. t. johnstoni)The name “Blue Wildebeest” derives from a conspicuous silvery blue sheen to its short haired hide, differentiating this species from the plainer black genus member Black Wildebeest. The name "gnu" originates from the Khoikhoi name for these animals, "gnou".

The Blue Wildebeest and Black Wildebeest or White-tailed Gnu (C. gnou) are the two species of the genus Connochaetes, within the family Bovidae, which includes antelopes, cattle, goats, and other even-toed horned ungulates. The Blue Wildebeest is sometimes called Brindled Gnu. The (plural of Wildebeest is denoted either Wildebeest or Wildebeests). Other common terms for the Wildebeest include gnu (pronounced /ˈnuː/ or /ˈnjuː/) and nyumbu (Swahili).

Western White-bearded Wildebeest (C. t. mearnsi), Ngorongoro, TanzaniaThe animal's specific name taurinus is Latin for "like a bull".

Description

It has a beefy muscular front-heavy appearance with a distinctive robust muzzle, it strides with relatively slender legs and moves gracefully and quietly most of the time, belying the reputation for stampeding in herds; however the stampeding characteristic may sometimes be observed.

Probably the most conspicuous feature of the Blue Wildebeest are the large horns shaped like parentheses, extending outward to the side and then curving up and inward. In the male the horns can attain a total span of almost 90 cm, while the female's horn width is about half the size of the male. These cow-like horns of both sexes are somewhat broad at the base and are without ridges. However, as further sexual dimorphism, the male horns have a boss-like structure joining the two horns. The male is larger than the female with a total body length of up to 2.5 m.

Young Blue Wildebeest are born tawny brown, and begin to take on their adult colouration at age nine weeks. The adult's hue actually varies from a deep slate or bluish gray all the way to light gray or even grayish-brown. The dorsal coat and flanks are slightly lighter in hue than the ventral hide and underparts. Dark brown vertical bands of slightly longer hair mark the neck and forequarters, and from a distance lend a perception of skin wrinkling. The manes of both sexes appear long, stiff, thick and jet black, a colour assumed by the tail and face as well. Sexual dichromism is exhibited by the males displaying decidedly darker colouration than the females. All features and markings of this species are bilaterally symmetric for both sexes.

Distribution and habitat

Blue Wildebeest are found in open and bush-covered savanna in south and east Africa, thriving in areas that are neither too wet nor too arid. They can be found in places that vary from overgrazed areas with dense bush to open woodland floodplains. Wildebeests prefer the bushveld and grasslands of the southern savanna. The terrestrial biome designations for these preferred habitats are savanna, grassland, open forest and scrub forest.

Large herds numbering into the thousands may be observed on the Tanzanian Serengeti equatorial plain, and in Zambia in Liuwa Plain National Park, in their annual migration. Smaller herds of about thirty are found in northern Botswana, Zimbabwe and the South African locations of Waterberg, Kruger National Park, and Mala Mala. Some herds can be found almost to the southern tip of South Africa.

Blue Wildebeests can tolerate arid regions, as long as a potable water supply is available. Since all Wildebeests require a long drink every day or two, they must have water within about 15 to 25 km distance. Their blunt muzzles are best equipped for biting short green grasses, since a wide incisor row prevents more selective feeding. Short grasses of these type are usually only found on alkaline or volcanic soils. Blue Wildebeests are a favorite prey item to lions, spotted hyenas, and Nile crocodiles. The latter stalk them at river crossings. The young also fall prey to cheetahs, leopards, and wild dogs.

Conservation

The Serengeti boasts over one million Blue Wildebeests, but Southern Africa's large herds have diminished over the last several centuries under pressure from hunting, cattle ranching and habitat intrusion stemming from overpopulation of humans. In southern Africa some efforts are being made to enhance grasslands and repair damage of cattle grazing and excessive fencing. These activities are particularly evident in the Waterberg Biosphere, where invasive brush (induced by excess cattle grazing) is being extirpated and many fences are coming down to promote wildlife migration. While the species status is considered secure as a whole, there is concern for smaller herds in the southern Africa habitats which have already become marginalized.

Behaviour

The Serengeti herds are purely migratory and abandon the usual plains after the rainy season has ended to seek higher grasses in wetter areas. Grasslands bordering alkaline lakes or pans are particularly choice dry season (winter) habitats. Herds may be mixed gender with a dominant male, female only, or bachelor only. Blue Wildebeest often graze together with other species such as Plains zebras for purposes of mutual protection. Zebras in particular are beneficial to co-exist with since they mow down highly vegetated areas leaving the wildebeests to eat the newly exposed and more nutritional short grasses, which is what they prefer. A Blue Wildebeest can attain maximum a speed of up to 80 kilometres per hour (50 mph).

TerritorialityBlue Wildebeest are unusually territorial, adult males occupying their territories for a month or for the entire year. The physical size of territories ranges from one to two hectares. The bulls mark territory boundaries with dung heaps, preorbital gland secretions, hoof scent glands and pawing of the earth. When competing over territory, males grunt quite loudly, make a thrusting motion with their horns and perform other displays of aggression.

Territories are advertised by actions of the bull as well as scent marking. Body language used by the territorial male include standing at an erect posture, profuse ground pawing and horning, frequent defecation, rolling on his back and bellowing the sound "ga-noo". To attract the opposite sex at the beginning of courtship the male (and less frequently the female) will rub its preorbital gland on a tree and then proceed with a destructive horning of said tree. This behaviour is not only effective in enticing a mate, but serves the function of providing more grassland for future Wildebeest generations by promoting grassland extent.

Reproduction

Blue wildebeest, Etosha National Park, Namibia

Adult with a calf in the Ngorongoro Crater, TanzaniaMales exhibit rivalry when staking out territory and when competing for females. In the actual clashes between males, they face off resting on bent front knees, exchanging horn thrusts for brief periods. Elaborate individual displays are made in the rivalry and courtship process, where males bellow, snort and protrude their horns into the soil. The mating process is thought to begin at the first full moon at the end of the rainy season. Once territory is established, the male attempts to lure or corral the female into his domain. A female may copulate with several different males, visiting several different territories. Most mating occurs during a three to four week period at the end of the rainy season (March to April), when this species is at its maximum vigour.

The female reaches sexual maturity at age three, and the male at age four; however, it is more typically age five when the male has developed sufficient strength and experience to defend territory. Generally fewer than half of the adult males create territories in a given year. In the Serengeti, population densities are so high that there may be 270 territorial bulls within one square kilometer. Estes terms the total volume of noise created during the Serengeti rutting season as “indescribable” in its amplitude and variety of snorting, bellowing and fighting. When the dry season is well underway about August, territories cease to exist.

Female wildebeest give birth in the middle of a herd rather than go out alone. The gestation period is approximately 8.5 months, with calves able to stand within seven minutes and run with the herd in less than two hours from birth. These precocial features are warranted since the calves are vulnerable to predators. To escape predation calves remain close to the mother for a significant time, and in fact may suckle for up to one year. In large herds 80 percent of Wildebeest offspring survive the first month, compared to a 50 percent survival rate within small herds.

SubspeciesC. taurinus consists of five subspecies: C. t. taurinus (Blue Wildebeest or Brindled Gnu; southsouthern Africa) individuals are silvery slate gray in colour, the origin of the common name "blue" wildebeest. C. t. johnstoni (Nyassaland Wildebeest), occurring in southerneastern Tanzania and northern Mozambique), is the largest subspecies. The Western White-bearded Wildebeest (C. t. mearnsi) is the smallest and is found only in southwestern Kenya and northwestern Tanzania. C. t. mearnsi is the darkest hued wildebeest while C. t. albojubatus (Eastern White-bearded Wildebeest) is the palest in colouration and found in southeastern Kenya and northeastern Tanzania. The last subspecies, Cookson's Wildebeest (C. t. cooksoni), is restricted to the Luangwa Valley. While most subspecies have an at least partially black beard, C. t. mearnsi and C. t. albojubatus both have pale bears, as also suggested by their common names, Western and Eastern White-bearded Wilderbeest.

Brindled Gnu

Names

Western White-bearded Wildebeest (C. t. mearnsi), Ngorongoro, TanzaniaThe animal's specific name taurinus is Latin for "like a bull".

Description

Distribution and habitat

Conservation

Behaviour

Reproduction

Blue wildebeest, Etosha National Park, Namibia

Brown Fur Seal

The Brown Fur Seal (Arctocephalus pusillus), also known as the Cape Fur Seal, South African Fur Seal and the Australian Fur Seal) is a species of fur seal.

Physical description

Distribution and habitat

Foraging

Predators

In False Bay, the seals employ a number of anti-predatory strategies while in shark-infested waters such as:

Swimming in large groups

Low porpoising to increase sub-surface vigilance

Darting in different directions to cause confusion when attacked

It rides near the dorsal fin to keep out of reach of the shark's jaws when attacked.

Human interactions

South African fur seals have a very robust and healthy population. Harvesting of seals was outlawed in South Africa in 1990.

Buffalo

Herds have also been found in open woodland and grassland.

While not particularly demanding with regard to habitat, they require water daily and therefore depend on perennial sources of water.

Other than humans, African buffalo have few predators and are capable of defending themselves against (and killing) lions.

The cheetah, leopard and spotted hyena are a threat only to newborn calves, though spotted hyenas have been recorded to kill full grown bulls on occasion.

Wild buffalo in Mikumi National Park, Tanzania

Bulls preparing to spar.During the dry season, male buffalo will split from the herd and form bachelor groups.

There are two types of bachelor herds; ones made of males that age 4-7 years

and those of males 12 years or older.

During the wet season the younger bulls rejoin a herd to mate with the females. They stay with them throughout the season to protect the calves.

This is difficult as cows are quite evasive and attract many males to the scene. By the time a cow is in full estrous only the most dominant bull in the herd/subherd is there.

Relationship with humans

Buffalo are notorious among big game hunters as very dangerous animals, with wounded animals reported to ambush and attack pursuers.

Bushbuck

The bushbuck is the most widespread antelope in Sub-Saharan Africa, and is found in rain forests, montane forests, forest-savanna mosaics and bush savannaforest and woodland. Recently, genetic studies have shown that the bushbuck, is in fact a complex of two geographically and phenotypically distinct species. The most compelling evidence for the division of the bushbuck into the Kéwel (Tragelaphus scriptus) and the Imbabala (Tragelaphus sylvaticus) is that both species are more closely related to other members of the tragelaphine family (the Imbabala to the Bongo and the Sitatunga, and the Kéwel to the Nyala) than to each other. The bushbuck ram is regarded by sports hunters as the most dangerous medium-size antelope, as it will hide in the bush after being wounded and charge the hunter when he comes looking for it, impaling the hunter with its sharp horns.

DistributionThe Kéwel is distributed from Senegal and southern Mauritania across the Sahel, east to Ethiopia and Eritrea and south to Angola and the southern DRC. The Imbabala occurs from the Cape in South Africa to Angola and Zambia and up the eastern part of Africa to the Ethiopia and Somalia. Both species occur sympatrically in northern Angola, southern DRC, around the Lake Albert area, southern Sudan and Ethiopia. The bushbuck will hardly ever be found in an area of close proximity to Nyala as Nyala will always drive them away. Game Farmers in southern Africa found this out the hard way when they tried to introduce the two species in the same area; the bushbuck being driven away by the Nyala.

DescriptionThe Kéwel is a smaller animal, with a mainly red or yellow ground colour. It is conspicuously striped and patterned and there is little to no sexual dimorphism with respect to ground colouration. As the first of the bushbucks to be described by Pallas in 1766 as Antilope scripta from Senegal, it retains the original species name for bushbuck. Its common name, Kéwel (Wronski and Moodley, 2009),[3] is taken from the Wolof language spoken in Senegal. As most studies of the bushbucks have focused on the Imbabala, very little is known about the biology of the Kéwel, except for what can be gleaned from museum specimens and hunting trophies.

The Imbabala is larger than the Kéwel and its colouration varies greatly with geography and habitat type. Only the most genetically ancient of the Imbabala populations (from Angola, Zambia, southern DRC, Botswana and northern Zimbabwe) bears any significant striping. And even in these populations the horizontal stripe, if present at all, is broken up into a series of spots. Thick horizontal striping as in the Kéwel never occurs. In general, patterning in the Imbabala reduces with distance away from south-central Africa. Ground colouration is also more variable than in the Kéwel, ranging from yellow to red-brown, brown, olive to almost black. Mountain forms of the Imbabala in the Gregory Rift Highlands, Mt. Elgon, the Imatong Mountains and the Ethiopian Highlands all appear larger, with very dark ground colour and almost no patterning. Much of the variation in ground colouration, especially deviations from red-brown, occurs mainly in males. The first Latin name that can be attributed to the Imbabala was Antilope sylvatica after Sparrman (1780) described from the Cape Colony. Its common name, Imbabala (Wronski and Moodley, 2009),[3] is taken from the Xhosa language spoken in that part of South Africa. Much of the scientific as well as public interest literature about bushbuck to be found on the internet, pertain only to the Imbabala, not the Kéwel. As in the rest of the text below.

Bushbuck stand about 90 centimetres at the shoulder and weigh from 45 to 80 kilograms (depending on sex). Bushbuck have a light brown coat, with up to seven white stripes and white splotches on the sides. The white patches are usually geometrically shaped and on the most mobile parts of their body such as the ears, chin, tail, legs and neck. The muzzle is also white and horns are found only on the males and they can reach over half a metre with only one twist. At 10 months old, young males sprout horns that are particularly twisted and at maturity form the first loop of a spiral.

Bushbuck eat mainly browse but supplement their diet with any other plant matter they can reach. Bushbuck are active around 24 hours a day but tend to be nocturnal near human habitations. Bushbuck tend to be solitary, though some live in pairs.

All bushbucks live within a "home" area they will not normally leave this area, which is usually around 50 000 square metres on the savannah and much larger in the forest. These areas usually overlap other bushbuck home areas. Bushbucks are basically solitary animals and the mature males go out of their way to stay away from each other. Usually bushbuck are most active during early morning and part of the night, therefore are almost entirely nocturnal in areas where they are unlikely to be disturbed.

Cama Fox

The Cape Fox (Vulpes chama), also called the Cama Fox or the Silver-backed Fox, is a small fox.

It has black or silver gray fur with flanks and underside in light yellow. The tip of its tail is always black.

The Cape Fox tend to be 45 to 61 cm (17.7-24 inches) long, not including a 30 to 40 cm (11.8-15.75 inch) tail. It is 28 to 33 cm (11-13 inch) tall at the shoulder, and usually weighs from 3.6 to 5 kg (8-11 lbs).

Habitat

It inhabits mainly open country, from open grassland plains with scattered thickets to semi-desert scrub, and also extending into fynbos. It is widespread in Zimbabwe, Botswana, and South Africa, occurring in most parts of the Western and Northern Cape provinces, the Eastern Cape (excluding the south-eastern side) the Free State, western and north-western KwaZulu-Natal and the North-West province. It also occurs in Lesotho, a high mountainous region.

Behavior

The Cape Fox is nocturnal and it is mainly active at night and is most active just before dawn or after dusk; it can be spotted during the early mornings and early evenings. During the day it typically shelters in burrows underground, holes, hollows, or dense thickets, and it is an active digger that will excavate its own borrow, although it generally modifies an abandoned borrow of another species, such as a Springhare's burrow, to its specific requirements. They are solitary creatures, and although they form mated pairs the males and females are often found alone as they tend to forage separately and are seldom seen together. They are not territorial, however they will mark their territory with a pungent scent. Although it is a normally silent fox, the Cape Fox is known to communicate with soft calls, whines or chirps. However, they will warn with a loud bark whenever alarmed. When aggressive, the Cape Fox is known to growl and spit at its attacker. To show its excitement, the fox lifts its tail, and by which the higher the height of the tail lift often indicates the measure of excitement in the fox.

Food

The Cape Fox is an omnivorous animal, meaning that they will eat plants or animals. Although they prefer mainly invertebrates and small mammals such as rodents, they are opportunists and have hunted and eaten reptiles, rabbits, spiders, birds, and young hares. They will also eat eggs, beetle larvea, and carrion, as well as most insects or fruits. And when pushed, they have been able to kill newborn lambs up to three months of age, although this is a very rare occasion and has little impact.

Reproduction

As for the Cape Fox, and typical of most Canid species, they will mate for life. The Cape Fox, however, is capable of breeding all year long, unlike the Red Fox, although they do typically have offspring in the months of October, November, December, or January. From conception, the female Cape Fox has a gestation period of 51 to 53 days, and she gives birth to a litter size of 1 to 6 cubs (or kits). Reared underground in burrows, the cubs will stay close to the den until they are about 4 months old. Weaned at around 6 to 8 weeks of age, they don't begin to forage until they are 4 months of age, and they are usually dependent by the time they are 5 months of age, at which time they will disperse, typically in the months of June or July. Initially, they typically weigh from 50 to 100 grams (1.7 - 3.5 ounces) at birth, and both parents will care for the young, with the male even providing for the female for the first two weeks. A family group usually only consists of the parents and their offspring, but different family groups sometimes mix together during feeding. Multiple litters are possible, and have been observed; the female usually chases out the cubs from her litter, though, when she is expecting another litter. They are fully grown in about a year, with both the female and the male reaching sexual maturity at 9 months. The Cape Fox has a life expectancy of about 6 years, but it can live up to 10 years.

Conservation

The Cape Fox is thought to help regulate populations of small mammals. Predators of the Cape Fox include large raptors, such as Eagles and Owls, a well as Caracal, Leopards, Hyenas, and Lions. They often succumb to diseases such as rabies and distemper, although lately they have become the victims of traps set out for problem animals. A large number of Cape Fox are killed on the road by vehicles, however many are hunted and persecuted as vermin, although modern farmers are better informed. Some are falsely mistaken as jackals and are accused of taking farmers' livestocks, and approximately 2,500 are killed yearly, although it is only about 16% of the total Cape Fox population. Even with the threats they face, the Cape Fox is not regarded as a threatened species.

Cape Fox

The Cape Fox (Vulpes chama), also called the Cama Fox or the Silver-backed Fox, is a small fox.

It has black or silver gray fur with flanks and underside in light yellow. The tip of its tail is always black.

Habitat

Behavior

Food

Reproduction

Conservation

Cape Fur Seal

The Brown Fur Seal (Arctocephalus pusillus), also known as the Cape Fur Seal, South African Fur Seal and the Australian Fur Seal) is a species of fur seal.

Physical description

Distribution and habitat

Foraging

Predators

In False Bay, the seals employ a number of anti-predatory strategies while in shark-infested waters such as:

Swimming in large groups

Low porpoising to increase sub-surface vigilance

Darting in different directions to cause confusion when attacked

It rides near the dorsal fin to keep out of reach of the shark's jaws when attacked.

Human interactions

South African fur seals have a very robust and healthy population. Harvesting of seals was outlawed in South Africa in 1990.

Cape Genet

The Cape Genet (Genetta tigrina), also known as the Blotched Genet, Large-spotted Genet or Muskeljaakat in Afrikaans, is a carnivore mammal, related to the African Linsang and to the civets. It can be found in Africa from Senegal to Somalia, and south to Namibia and South Africa, though it is absent from the continent's south-western arid zones. Like other genets, it is nocturnal and arboreal.

Similar in appearance to the Common Genet (G. genetta), the Cape Genet has yellowish-grey fur with rust-coloured and black rosettes, with a black and white tail. Individuals from drier areas of South Africa tend to have lighter colours and less stark patterns, while the opposite is the case in moister areas. Melanistic individuals are known.

Its diet is varied, and includes rodents, birds, reptiles, fruit, and invertebrates. Like all viverrids, it has strong scent glands which it uses to mark its territory.

The Cape Genet is one of the species of genet kept as an exotic pet, in the U.S.A. and elsewhere.

Cape Hyrax

The Rock Hyrax (Procavia capensis), or Cape Hyrax, is one of the four living species of the order Hyracoidea, and the only living species in the genus Procavia.

Like all hyraxes, it is a medium-sized (~4 kg) terrestrial mammal, superficially resembling a guinea pig with short ears and tail. The rock hyrax is found across Africa and the Middle East, in habitats with rock crevices in which to escape from predators. Hyraxes typically live in groups of 10–80 animals, and forage as a group. Their most striking behaviour is the use of sentries: one or more animals take up position on a vantage point and issue alarm calls on the approach of predators.

The rock hyrax has incomplete thermoregulation, and is most active in the morning and evening, although their activity pattern varies substantially with season and climate.

Over most of its range, the rock hyrax is not endangered, and in some areas is considered a minor pest. In Ethiopia, Israel and Jordan, they have been shown to be a reservoir of the leishmaniasis parasite.

DistributionThe rock hyrax occurs across sub-Saharan Africa, with the exception of the Congo basin and Madagascar. A larger, longer-haired subspecies is abundant in the glacial moraines in the alpine zone of Mount Kenya[citation needed]. The distribution continues into northern Algeria, Libya and Egypt, and the Middle East, with populations in Israel, Jordan, Syria, the Arabian peninsula and eastern Turkey

EtymologyThey are known as dassies in South Africa, and sometimes rock rabbits. The Swahili names for them are pimbi, pelele and wibari, though the latter two names are nowadays reserved for the tree hyraxes. This species has many subspecies, many of which are also known as Rock or Cape Hyrax, although the former usually refers to African varieties. In Hebrew, the rock hyrax is called שפן סלע (shafan sela), meaning rock "shafan", where the meaning of shafan is obscure.

Anatomy and physiology

The rock hyrax is squat and heavily built, adults reaching a length of 50 cm and weighing around 4 kg, with a slight sexual dimorphism; males being approximately 10% heavier than females. Their fur is thick and grey-brown color, although this varies strongly between different environments; from dark brown in wetter habitats, to light gray in desert living individuals.[5] Hyrax size (as measured by skull length and humerus diameter) is correlated to precipitation, probably because of the effect on preferred hyrax forage.

Prominent in and apparently unique to hyraxes is the dorsal gland, which excretes a odour used for social communication and territorial marking. The gland is most clearly visible in dominant males.

The dorsal gland can be seen here as a patch of fur with a lighter colourationThe head of the rock hyrax is pointed, having a short neck with rounded ears. They have long black whiskers on their muzzles.[7] The rock hyrax has a prominent pair of long, pointed tusk-like upper incisors which are reminiscent of the elephant, to which the hyrax is distantly related (see below). The forefeet are plantigrade, and the hindfeet semi-digitigrade. The soles of the feet have large, soft pads that are kept moist with sweat-like secretions. In males, the testes are permanently abdominal, another anatomical feature that hyraxes share with their relatives elephants and sirenians.

Thermoregulation in the rock hyrax has been subject to much research, as their body temperature varies with a diurnal rhythm. However, animals kept in constant environmental conditions also display such variation[3] and this internal mechanism may be related to water balance regulation.

Caracal

The caracal (Caracal caracal, pronounced /ˈkærəkæl/) is a fiercely territorial medium-sized cat ranging over Western Asia and Africa. The word caracal comes from the Turkish word "karakulak", meaning "black ear". In North India and Pakistan, the caracal is locally known as syahgosh (स्याहगोष/سیاحگوش) or shyahgosh, which is a Persian-derived term meaning black ears. Although it has traditionally had the alternative names Persian Lynx, Egyptian Lynx and African Lynx, it is no longer considered to be an actual lynx. Instead, it is now believed to be closely related to the African golden cat and the serval. The caracal is classified as a small cat, yet is amongst the heaviest of all small cats, as well as the quickest, being nearly as fast as the serval.

DescriptionThe caracal is a slender, yet muscular, cat, with long legs and a short tail. Males typically weigh 13 to 18 kilograms (29 to 40 lb), while females weigh about 11 kilograms (24 lb). The caracal resembles a Eurasian Lynx, and for a long time it was considered a close relative of the lynxes. It has a tail nearly a third of its body length, and both sexes look the same. The caracal is 65 to 90 centimetres (26 to 35 in) in length, with a 30 centimetres (12 in) tail. Compared to lynxes, it has longer legs, shorter fur, and a slimmer appearance.

The colour of the fur varies between wine-red, grey, or sand-coloured. Melanistic (black) caracals also occur. Young caracals bear reddish spots on the underside; adults do not have markings except for black spots above the eyes and small white patches around the eyes and nose. Underparts of chin and body are white, and a narrow black line runs from the corner of the eye to the nose.

The pupils of a caracal's eyes contract to form circles rather than the slits found in most small cats. The most conspicuous feature of the caracal is elongated, tufted black ears, which also explain the origin of its name, karakulak, Turkish for "black ear". A juvenile has black on the outside of the ears, which disappears as it becomes an adult. Its ears, which it uses to locate prey, are controlled by 29 different muscles.

The feet of a caracal have numerous stiff hairs growing between the pads. These probably help the animal walk on soft sand. The jaw is short and equipped with powerful teeth. About 92 percent of caracals lack the second upper premolar teeth.

Habitat and diet

The caracal is distributed over Africa and the Middle East. Its chief habitat is dry steppes and semideserts, but it also inhabits woodlands, savannah, and scrub forest. They generally prefer open country, so long as there is sufficient cover, in the form of bushes and rocks, from which to ambush prey.

Its life expectancy in the wild is 12 years, and 17 years in captivity. The caracal may survive without drinking for a long period — the water demand is satisfied with the body fluids of its prey. Since it is also surprisingly easy to tame, it has been used as a hunting cat in Iran and India.

BehaviourAdult caracals dwell either alone or, less commonly, in pairs. Females inhabit relatively small home ranges, varying from 5 to 57 square kilometres (1.9 to 22 sq mi), depending on the local availability of prey. While the females actively defend their territory against other females, the males roam over much larger areas of 19 to 220 square kilometres (7.3 to 85 sq mi) with considerable overlap.

Like other cats, caracals scent mark their territory. They leave their faeces in visible locations, and also mark territory by spraying urine onto bushes or logs, or raking it into the ground with their hind feet.

Caracals hunt by stalking their prey, approaching within about 5 metres (16 ft) before suddenly sprinting and leaping. They kill smaller prey with a bite to the nape of the neck, and larger animals by biting the throat and then raking with their claws. Caracals sometimes cover their larger prey if they cannot consume the whole carcass in a single meal, and return to it later. Some have even been observed to hide carcasses in trees.

It is best known for its spectacular skill at hunting birds, able to snatch a bird in flight, sometimes more than one at a time. It can jump and climb exceptionally well, which enables it to catch hyraxes better than probably any other carnivore. If no cover is available in which to conceal itself, a caracal may flatten itself against the ground and remain motionless, allowing its coat colour to act as camouflage.

Caracals produce the usual range of sounds for cats, including growling, hissing, purring, and calling. Unusually, they also make a barking sound, which is possibly used as a warning.

Reproduction and life cycle

Mating may occur at any time of year; however, it is more likely to occur when prey is plentiful, which stimulates estrous in females. The estrous cycle lasts two weeks, and is marked by the female spraying urine containing chemical cues advertising her receptivity to neighbouring males.

The female typically mates with several males over the course of a number of days. In some areas, males have been observed to fight aggressively for access to females and remain with her for several days to guard against rivals; in others, they appear to be less protective. Copulation lasts anything from 90 seconds to ten minutes.

Gestation last 68–81 days, and litter size ranges from one to six kittens. For litters born in their natural environment, the maximum number of kittens is three; however, larger litters are more likely to occur in captivity where nutrition needs are adequately met. Before birth, the female prepares a den in a cave or other sheltered area, sometimes using the abandoned burrows of other animals. At birth, the kittens are blind and helpless, weigh 198 to 250 grams (7.0 to 8.8 oz), and have yellow to reddish brown fur with black markings. The eyes open at around ten days, and the deciduous teeth have fully developed by fifty days. The canines are the first permanent teeth to appear, at around four or five months, with the others following over the next six months.

Kittens are able to leave the birthing den at around one month old, and at about this time the mother will begin regularly moving them to new locations. Kittens are weaned at about ten weeks, but may stay with their mother for up to one year, when they start to reach sexual maturity. Life expectancy in the wild is twelve years, and seventeen years in captivity.

Conservation

Caracals are often viewed as vermin by farmers in Africa as they may prey on domesticated livestock such as poultry and young sheep and goats. Caracals are rarely seen in the wild despite their relative abundance, as they hide extremely well. Game drives in countries such as Kenya and Botswana widely encounter other animals, but a sighting of a caracal is extremely rare.

Because it is so easily tamed, the caracal is sometimes kept as a pet and can adapt to living with humans. The caracal has been hybridised with the domestic cat at the Moscow Zoo.

Cheetah

The cheetah (Acinonyx jubatus) is an atypical member of the cat family (Felidae) that is unique in its speed, while lacking strong climbing abilities. The species is the only living member of the genus Acinonyx. It is the fastest land animal, reaching speeds between 112 and 120 km/h (70 and 75 mph) in short bursts covering distances up to 460 m (1,510 ft), and has the ability to accelerate from 0 to 103 km/h (64 mph) in three seconds, faster than most supercars.

EtymologyThe word "cheetah" is derived from the Sanskrit word citrakāyaḥ, meaning "variegated", via the Hindi चीता cītā.

Genetics and classificationThe genus name, Acinonyx, means "no-move-claw" in Greek, while the species name, jubatus, means "maned" in Latin, a reference to the mane found in cheetah cubs.

The cheetah has unusually low genetic variability and a very low sperm count and motility, and deformed flagella. Skin grafts between unrelated cheetahs illustrate the former point in that there is no rejection of the donor skin. It is thought that the species went through a prolonged period of inbreeding following a genetic bottleneck during the last ice age. It probably evolved in Africa during the Miocene epoch (26 million to 7.5 million years ago), before migrating to Asia. New research by a team led by Warren Johnson and Stephen O'Brien of the Laboratory of Genomic Diversity (National Cancer Institute in Frederick, Maryland, United States) has recently placed the last common ancestor of all existing species as living in Asia 11 million years ago, which may lead to revision and refinement of existing ideas about cheetah evolution. Now-extinct species include: Acinonyx pardinensis (Pliocene epoch), much larger than the modern cheetah and found in Europe, India, and China; Acinonyx intermedius (mid-Pleistocene period), found over the same range. The extinct genus Miracinonyx was extremely cheetah-like, but recent DNA analysis has shown that Miracinonyx inexpectatus, Miracinonyx studeri, and Miracinonyx trumani (early to late Pleistocene epoch), found in North America and called the "North American cheetah" are not true cheetahs, instead being close relatives to the cougar.

Subspecies

Although many sources list six or more subspecies of cheetah, the taxonomic status of most of these subspecies is unresolved. Acinonyx rex—the king cheetah (see below)—was abandoned after it was discovered the variation was only a recessive gene. The subspecies Acinonyx jubatus guttatus, the woolly cheetah, may also have been a variation due to a recessive gene. Some of the most commonly recognized subspecies include:

Asiatic cheetah (Acinonyx jubatus venaticus): Asia (Afghanistan, India, Iran, Iraq, Israel, Jordan, Oman, Pakistan, Saudi Arabia, Syria, Russia)

Northwest African cheetah (Acinonyx jubatus hecki): Northwest Africa (Algeria, Djibouti, Egypt, Mali, Mauritania, Morocco, Niger, Tunisia and Western Sahara) and western Africa (Benin, Burkina Faso, Ghana, Mali, Mauritania, Niger, and Senegal)

Acinonyx jubatus raineyii: eastern Africa (Kenya, Somalia, Tanzania, and Uganda)

Acinonyx jubatus jubatus: southern Africa (Angola, Botswana, Democratic Republic of the Congo, Mozambique, Malawi, South Africa, Tanzania, Zambia, Zimbabwe and Namibia)

Acinonyx jubatus soemmeringii: central Africa (Cameroon, Chad, Central African Republic, Ethiopia, Nigeria, Niger, and Sudan)

Acinonyx jubatus velox

Description

The cheetah's chest is deep and its waist is narrow. The coarse, short fur of the cheetah is tan with round black spots measuring from 2 to 3 cm (0.79 to 1.2 in) across, affording it some camouflage while hunting. There are no spots on its white underside, but the tail has spots, which merge to form four to six dark rings at the end. The tail usually ends in a bushy white tuft. The cheetah has a small head with high-set eyes. Black "tear marks" running from the corner of its eyes down the sides of the nose to its mouth keep sunlight out of its eyes and aid in hunting and seeing long distances. Although it can reach high speeds, its body cannot stand long distance running. It is a sprinter.

The adult cheetah weighs from 36 to 65 kg (79 to 140 lb). Its total body length is from 115 to 135 cm (45 to 53 in), while the tail can measure up to 84 cm (33 in) in length. Cheetahs are 67 to 94 cm (26 to 37 in) in height at the shoulder. Males tend to be slightly larger than females and have slightly bigger heads, but there is not a great variation in cheetah sizes and it is difficult to tell males and females apart by appearance alone. Compared to a similarly sized leopard, the cheetah is generally shorter-bodied, but is longer tailed and taller (it averages about 90 cm (35 in) tall) and so it appears more streamlined.

Some cheetahs also have a rare fur pattern mutation: cheetahs with larger, blotchy, merged spots are known as "king cheetahs". It was once thought to be a separate subspecies, but it is merely a mutation of the African cheetah. The "king cheetah" has only been seen in the wild a handful of times, but it has been bred in captivity.

The cheetah's paws have semi-retractable claws (known only in three other cat species: the fishing cat, the flat-headed cat and the Iriomote cat), offering extra grip in its high-speed pursuits. The ligament structure of the cheetah's claws is the same as those of other cats; it simply lacks the sheath of skin and fur present in other varieties, and therefore the claws are always visible, with the exception of the dewclaw. The dewclaw itself is much shorter and straighter than that of other cats.

Adaptations that enable the cheetah to run as fast as it does include large nostrils that allow for increased oxygen intake, and an enlarged heart and lungs that work together to circulate oxygen efficiently. During a typical chase, its respiratory rate increases from 60 to 150 breaths per minute. While running, in addition to having good traction due to its semi-retractable claws, the cheetah uses its tail as a rudder-like means of steering to allow it to make sharp turns, necessary to outflank prey animals that often make such turns to escape.

Unlike "true" big cats, the cheetah can purr as it inhales, but cannot roar. By contrast, the big cats can roar but cannot purr, except while exhaling. However, the cheetah is still considered by some to be the smallest of the big cats. While it is often mistaken for the leopard, the cheetah does have distinguishing features, such as the aforementioned long "tear-streak" lines that run from the corners of its eyes to its mouth. The body frame of the cheetah is also very different from that of the leopard, most notably so in its thinner and longer tail and, unlike the leopard's, its spots are not arranged into rosettes.

The cheetah is a vulnerable species. Of all the big cats, it is the least able to adapt to new environments. It has always proved difficult to breed in captivity, although recently a few zoos have managed to succeed at this. Once widely hunted for its fur, the cheetah now suffers more from the loss of both habitat and prey.

The cheetah was formerly considered to be particularly primitive among the cats and to have evolved approximately 18 million years ago. New research, however, suggests the last common ancestor of all 40 existing species of felines lived more recently than that—about 11 million years ago. The same research indicates the cheetah, while highly derived morphologically, is not of particularly ancient lineage, having separated from its closest living relatives (Puma concolor, the cougar, and Puma yaguarondi, the jaguarundi) around five million years ago. These felids have not changed appreciably since they first appeared in the fossil record.

Morphs and variationsKing cheetah

The king cheetah is a rare mutation of cheetah characterized by a distinct fur pattern. It was first noted in what was then Southern Rhodesia (modern-day Zimbabwe) in 1926. In 1927, the naturalist Reginald Innes Pocock declared it a separate species, but reversed this decision in 1939 due to lack of evidence, but in 1928, a skin purchased by Walter Rothschild was found to be intermediate in pattern between the king cheetah and spotted cheetah and Abel Chapman considered it to be a color form of the spotted cheetah. Twenty-two such skins were found between 1926 and 1974. Since 1927, the king cheetah was reported five more times in the wild. Although strangely marked skins had come from Africa, a live king cheetah was not photographed until 1974 in South Africa's Kruger National Park. Cryptozoologists Paul and Lena Bottriell photographed one during an expedition in 1975. They also managed to obtain stuffed specimens. It appeared larger than a spotted cheetah and its fur had a different texture. There was another wild sighting in 1986—the first in seven years. By 1987, thirty-eight specimens had been recorded, many from pelts.

Its species status was resolved in 1981 when king cheetahs were born at the De Wildt Cheetah and Wildlife Centre in South Africa. In May 1981, two spotted sisters gave birth there and each litter contained one king cheetah. The sisters had both mated with a wild-caught male from the Transvaal area (where king cheetahs had been recorded). Further king cheetahs were later born at the Centre. It has been known to exist in Zimbabwe, Botswana and in the northern part of South Africa's Transvaal province. A recessive gene must be inherited from both parents for this pattern to appear, which is one reason why it is so rare.

Other color variationsOther rare color morphs of the species include speckles, melanism, albinism and gray coloration. Most have been reported in Indian cheetahs, particularly in captive specimens kept for hunting.

The Mughal Emperor of India, Jahangir, recorded having a white cheetah presented to him in 1608. In the memoirs of Tuzk-e-Jahangiri, the Emperor, says that in the third year of his reign, Raja Bir Singh Deo brought a white cheetah to show me. Although other sorts of creatures, both birds and beasts have white varieties .... I had never seen a white cheetah. Its spots, which are (usually) black, were of a blue colour, and the whiteness of the body also inclined to blue-ishness. This suggests a chinchilla mutation which restricts the amount of pigment on the hair shaft. Although the spots were formed of black pigment, the less dense pigmentation gives a hazy, grayish effect. As well as Jahangir's white cheetah at Agra, a report of "incipient albinism" has come from Beaufort West according to Guggisberg.

In a letter to "Nature in East Africa", H. F. Stoneham reported a melanistic cheetah (black with ghost markings) in the Trans-Nzoia District of Kenya in 1925. Vesey Fitzgerald saw a melanistic cheetah in Zambia in the company of a spotted cheetah. Red (erythristic) cheetahs have dark tawny spots on a golden background. Cream (isabelline) cheetahs have pale red spots on a pale background. Some desert region cheetahs are unusually pale; probably they are better-camouflaged and therefore better hunters and more likely to breed and pass on their paler coloration. Blue (Maltese or grey) cheetahs have variously been described as white cheetahs with grey-blue spots (chinchilla) or pale grey cheetahs with darker grey spots (Maltese mutation). A cheetah with hardly any spots was shot in Tanzania in 1921 (Pocock); it had only a few spots on the neck and back, and these were unusually small.

Range and habitat

There are several geographically isolated populations of cheetah, all of which are found in Africa or southwestern Asia. A small population (estimated at about fifty) survive in the Khorasan Province of Iran, where conservationists are taking steps to protect them. It is possible, though doubtful, that some cheetahs remain in India. There have also been several unconfirmed reports of Asiatic Cheetahs in the Balochistan province of Pakistan, with at least one dead animal being discovered recently.

The cheetah thrives in areas with vast expanses of land where prey is abundant. The cheetah likes to live in an open biotope, such as semidesert, prairie, and thick brush, though it can be found in a variety of habitats. In Namibia, for example, it lives in grasslands, savannahs, areas of dense vegetation, and mountainous terrain.

In much of its former range, the cheetah was tamed by aristocrats and used to hunt antelopes in much the same way as is still done with members of the greyhound group of dogs.

Reproduction and behavior

Females reach maturity in twenty to twenty-four months, and males around twelve months (although they do not usually mate until at least three years old), and mating occurs throughout the year. A study of cheetahs in the Serengeti showed females are sexually promiscuous and often have cubs by many different males.

Females give birth to up to nine cubs after a gestation period of ninety to ninety-eight days, although the average litter size is three to five. Cubs weigh from 150 to 300 g (5.3 to 11 oz) at birth. Unlike some other cats, the cheetah is born with its characteristic spots. Cubs are also born with a downy underlying fur on their necks, called a mantle, extending to mid-back. This gives them a mane or Mohawk-type appearance; this fur is shed as the cheetah grows older. It has been speculated this mane gives a cheetah cub the appearance of the honey badger (ratel), to scare away potential aggressors. Cubs leave their mother between thirteen and twenty months after birth. Life span is up to twelve years in the wild, but up to twenty years in captivity.

Unlike males, females are solitary and tend to avoid each other, though some mother/daughter pairs have been known to be formed for small periods of time. The cheetah has a unique, well-structured social order. Females live alone, except when they are raising cubs and they raise their cubs on their own. The first eighteen months of a cub's life are important; cubs must learn many lessons, because survival depends on knowing how to hunt wild prey species and avoid other predators. At eighteen months, the mother leaves the cubs, who then form a sibling, or "sib" group, that will stay together for another six months. At about two years, the female siblings leave the group, and the young males remain together for life.

TerritoriesMalesMales are very sociable and will group together for life, usually with their brothers in the same litter; although if a cub is the only male in the litter then two or three lone males may group up, or a lone male may join an existing group. These groups are called coalitions. In one Serengeti study by Caro and Collins (1987), 41% of the adult males were solitary, 40% lived in pairs and 19% lived in trios.

A coalition is six times more likely to obtain an animal territory than a lone male, although studies have shown that coalitions keep their territories just as long as lone males—between four and four and a half years.

Males are very territorial. Females' home ranges can be very large and trying to build a territory around several females' ranges is impossible to defend. Instead, males choose the points at which several of the females' home ranges overlap, creating a much smaller space, which can be properly defended against intruders while maximizing the chance of reproduction. Coalitions will try their best to maintain territories to find females with whom they will mate. The size of the territory also depends on the available resources; depending on the part of Africa, the size of a male's territory can vary greatly from 37 to 160 km2 (14 to 62 sq mi).

Males mark their territory by urinating on objects that stand out, such as trees, logs, or termite mounds. The whole coalition contributes to the scent. Males will attempt to kill any intruders, and fights result in serious injury or death.

Females

Unlike males and other felines, females do not establish territories. Instead, the area they live in is termed a home range. These overlap with other females' home ranges, often those of their daughters, mothers, or sisters. Females always hunt alone, although cubs will accompany their mothers to learn to hunt once they reach the age of five to six weeks.

The size of a home range depends entirely on the availability of prey. Cheetahs in southern African woodlands have ranges as small as 34 km2 (13 sq mi), while in some parts of Namibia they can reach 1,500 km2 (580 sq mi).

VocalizationsThe cheetah cannot roar, but does have the following vocalizations:

Chirping - When a cheetah attempts to find another, or a mother tries to locate her cubs, it uses a high-pitched barking called chirping. The chirps made by a cheetah cub sound more like a bird chirping, and so are termed chirping, too.

Churring or stuttering - This vocalization is emitted by a cheetah during social meetings. A churr can be seen as a social invitation to other cheetahs, an expression of interest, uncertainty, or appeasement or during meetings with the opposite sex (although each sex churrs for different reasons).

Growling - This vocalization is often accompanied by hissing and spitting and is exhibited by the cheetah during annoyance, or when faced with danger.

Yowling - This is an escalated version of growling, usually displayed when danger worsens.

Purring - This is made when the cheetah is content, usually during pleasant social meetings (mostly between cubs and their mothers). A characteristic of purring is that it is realised on both egressive and ingressive airstream. A purring cheetah can be heard on Robert Eklund's Ingressive Speech website or on Robert Eklund's Wildlife page . A film clip of a purring cheetah can be seen on Robert Eklund's Purring site , as well as film clips of waveforms and spectrograms of cheetah and domestic cat (Felis catus) purring. Note that it is clearly visible that purring occurs on both inhalation (ingressive airstream) and exhalation (egressive airstream) and that the sound clearly emanates from the cheetah's muzzle. A phonetic-acoustic comparison of a purring cheetah and a purring domestic cat is found in Eklund, Peters & Duthie (2010).

Diet and hunting

The cheetah is a carnivore, eating mostly mammals under 40 kg (88 lb), including the Thomson's gazelle, the Grant's gazelle, the springbok and the impala. The young of larger mammals such as wildebeests and zebras are taken at times, and adults too, when the cats hunt in groups. Guineafowl and hares are also prey. While the other big cats mainly hunt by night, the cheetah is a diurnal hunter. It hunts usually either early in the morning or later in the evening when it is not so hot, but there is still enough light.

The cheetah hunts by vision rather than by scent. Prey is stalked to within 10–30 m (33–98 ft), then chased. This is usually over in less than a minute, and if the cheetah fails to make a catch quickly, it will give up. The cheetah has an average hunting success rate of around 50% - half of its chases result in capture.

Running at speeds between 112 and 120 km/h (70 and 75 mph) puts a great deal of strain on the cheetah's body. When sprinting, the cheetah's body temperature becomes so high that it would be deadly to continue; this is why the cheetah is often seen resting after it has caught its prey. If it is a hard chase, it sometimes needs to rest for half an hour or more. The cheetah kills its prey by tripping it during the chase, then biting it on the underside of the throat to suffocate it; the cheetah is not strong enough to break the necks of the four-legged prey it mainly hunts. The bite may also puncture a vital artery in the neck. Then the cheetah proceeds to devour its catch as quickly as possible before the kill is taken by stronger predators.

The diet of a cheetah is dependent upon the area in which it lives. For example, on the East African plains, its preferred prey is the Thomson's gazelle. This small antelope is shorter than the cheetah (about 53–67 cm (21–26 in) tall and 70–107 cm (28–42 in) long), and also cannot run faster than the cheetah (only up to 80 km/h (50 mph)), which combine to make it an appropriate prey. Cheetahs look for individuals which have strayed some distance from their group, and do not necessarily seek out old or weak ones.

Interspecific predatory relationshipsDespite their speed and hunting prowess, cheetahs are largely outranked by other large predators in most of their range. Because they have evolved for short bursts of extreme speed at the expense of their power, they cannot defend themselves against most of Africa's other predator species. They usually avoid fighting and will surrender a kill immediately to even a single hyena, rather than risk injury. Because cheetahs rely on their speed to obtain their meals, any injury that slows them down could essentially be life threatening.

A cheetah has a 50% chance of losing its kill to other predators. Cheetahs avoid competition by hunting at different times of the day and by eating immediately after the kill. Due to the reduction in habitat in Africa, cheetahs in recent years have faced greater pressure from other native African predators as available range declines.

The cheetah's mortality is very high during the early weeks of its life; up to 90% of cheetah cubs are killed during this time by lions, leopards, hyenas, wild dogs, or even by eagles. Cheetah cubs often hide in thick brush for safety. Mother cheetahs will defend their young and are at times successful in driving predators away from their cubs. Coalitions of male cheetahs can also chase away other predators, depending on the coalition size and the size and number of the predator. Because of its speed, a healthy adult cheetah has few predators.

Relationship with humansEconomic importanceCheetah fur was formerly regarded as a status symbol. Today, cheetahs have a growing economic importance for ecotourism and they are also found in zoos. Cheetahs are far less aggressive than other felids and can be tamed, so cubs are sometimes illegally sold as pets.

Cheetahs were formerly, and sometimes still are, hunted because many farmers believe that they eat livestock. When the species came under threat, numerous campaigns were launched to try to educate farmers and encourage them to conserve cheetahs. Recent evidence has shown that cheetahs will not attack and eat livestock if they can avoid doing so, as they prefer their wild prey. However, they have no problem with including farmland as part of their territory, leading to conflict.

Taming

Ancient Egyptians often kept cheetahs as pets, and also tamed and trained them for hunting. (But not domesticated i.e., bred under human control.) Cheetahs would be taken to hunting fields in low-sided carts or by horseback, hooded and blindfolded, and kept on leashes while dogs flushed out their prey. When the prey was near enough, the cheetahs would be released and their blindfolds removed. This tradition was passed on to the ancient Persians and brought to India, where the practice was continued by Indian princes into the twentieth century. Cheetahs continued to be associated with royalty and elegance, their use as pets spreading just as their hunting skills were. Other such princes and kings kept them as pets, including Genghis Khan and Charlemagne, who boasted of having kept cheetahs within their palace grounds. Akbar the Great, ruler of the Mughal Empire from 1556 to 1605, kept as many as 1000 cheetahs. As recently as the 1930s the Emperor of Ethiopia, Haile Selassie, was often photographed leading a cheetah by a leash.

Conservation statusCheetah cubs have a high mortality rate due to predation by other carnivores, such as the lion and hyena, and perhaps genetic factors. It has been suggested that the low genetic diversity of cheetahs is a cause of poor sperm, birth defects, cramped teeth, curled tails, and bent limbs. Some biologists even believe that they are too inbred to flourish as a species. Note, however, that they lost most of their genetic diversity thousands of years ago (see the beginning of this article), and yet seem to have only been in decline in the last century or so, suggesting factors other than genetics are responsible.

Cheetahs are included on the International Union for Conservation of Nature (IUCN) list of vulnerable species (African subspecies threatened, Asiatic subspecies in critical situation) as well as on the US Endangered Species Act: threatened species - Appendix I of CITES (Convention on International Trade in Endangered Species). Approximately 12,400 cheetahs remain in the wild in twenty-five African countries; Namibia has the most, with about 2,500. Another fifty to sixty critically endangered Asiatic cheetahs are thought to remain in Iran. There have been successful breeding programs, including the use of in vitro fertilisation, in zoos around the world.

Founded in Namibia in 1990, the Cheetah Conservation Fund's mission is to be the world’s resource charged with protecting the cheetah and ensuring its future on our planet. The organization works with all stakeholders within the cheetah’s ecosystem to develop best practices in research, education and ecology and create a sustainable model from which all other species, including people, will benefit.

The South African Cheetah Conservation Foundation has close links and assists in training and sharing program successes with other countries where cheetahs live, including Botswana, South Africa, Zimbabwe, Iran and Algeria. The organization's international program includes distributing materials, lending resources and support, and providing training through Africa and the rest of the world.

Re-introduction project in IndiaMain article: Cheetah Reintroduction in India

Cheetahs have been known to exist in India for a very long time, but as a result of hunting and other causes, cheetahs have been extinct in India since the 1940s. A captive propagation project has been proposed. Minister of Environment and Forests Jairam Ramesh told the Rajya Sabha on 7 July 2009, "The cheetah is the only animal that has been described extinct in India in the last 100 years. We have to get them from abroad to repopulate the species." He was responding to a call for attention from Rajiv Pratap Rudy of the Bharatiya Janata Party (BJP). "The plan to bring back the cheetah, which fell to indiscriminate hunting and complex factors like a fragile breeding pattern is audacious given the problems besetting tiger conservation." Two naturalists, Divya Bhanusinh and MK Ranjit Singh, suggested importing cheetahs from Africa, after which they will be bred in captivity and, in time, released in the wild.

In popular culture

In Titian's Bacchus and Ariadne (1523), the god's chariot is borne by cheetahs (which were used as hunting animals in Renaissance Italy). Cheetahs were often associated with the god Dionysus, whom the Romans called Bacchus.

George Stubbs' Cheetah with Two Indian Attendants and a Stag (1764–1765) also shows the cheetah as a hunting animal and commemorates the gift of a cheetah to George III by the English Governor of Madras, Sir George Pigot

The Caress (1896), by the Belgian symbolist painter Fernand Khnopff (1858–1921), is a representation of the myth of Oedipus and the Sphinx and portrays a creature with a woman's head and a cheetah's body (often misidentified as a leopard's).

André Mercier's Our Friend Yambo (1961) is a curious biography of a cheetah adopted by a French couple and brought to live in Paris. It is seen as a French answer to Born Free (1960), whose author, Joy Adamson, produced a cheetah biography of her own, The Spotted Sphinx (1969).

Hussein, An Entertainment, a novel by Patrick O'Brian set in India of the British Raj period, illustrates the practice of royalty keeping and training cheetahs to hunt antelopes.

The book How It Was with Dooms tells the true story of a family raising an orphaned cheetah cub named Duma (the Swahili word for cheetah) in Kenya. The films Cheetah (1989) and Duma (2005) were both loosely based on this book.

The animated series ThunderCats had a main character who was an anthropomorphic cheetah named Cheetara.

In 1986 Frito-Lay introduced an anthropomorphic cheetah, Chester Cheetah, as the mascot for their Cheetos.

Harold and Kumar Go to White Castle has a subplot involving an escaped cheetah, which later smokes cannabis with the pair and allows them to ride it.

Comic book superheroine Wonder Woman's chief adversary is Dr. Barbara Ann Minerva, alias The Cheetah

On the CGI animated show Beast Wars: Transformers, Cheetor, one of the main characters on the Maximal faction, had the beast form of a cheetah. This was also carried over as the beast form of the Cheetor Hasbro transformer.

The Japanese anime Damekko Dōbutsu features a clumsy but sweet-natured cheetah named Chiiko.

The first release of Apple Inc.'s Mac OS X was code-named "Cheetah," which set the pattern for the subsequent releases being named after big cats.

Eland

The Common Eland (Taurotragus oryx) (Swahili:Mbunga), also known as the Southern Eland or Eland antelope, is a savannah and plains antelope found in East and Southern Africa. It's also considered to be the largest antelope in the African continent. It is native to Botswana, Burundi, Congo, Ethiopia, Kenya, Lesotho, Malawi, Mozambique, Namibia, Rwanda, South Africa, Sudan, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe; and is possibly extinct in Angola.

EtymologyThe name "Eland" is derived from the Dutch word for moose. When Dutch settlers came to the Cape Province they named the largest wild ruminant herbivore they met with the name of the huge northern herbivore. In Dutch the animal is called "Eland antelope" to distinguish it from the Moose, which is found in the northern boreal forests. Its scientific name 'Taurotragus oryx' is made of three Greek words- tauros (a bull), tragos (a he-goat)and orux (a gazelle or antelope).

Physical description

The elands are spiral-horned antelopes belonging to the Bovid tribe of Tragelaphini. Females weigh 300–600 kg (660–1,300 lb), measure 200–280 cm (79–110 in) from the snout to the base of the tail and stand 125–153 cm (49–60 in) at the shoulder. Bulls weigh 400–900 kg (880–2,000 lb), are 240–345 cm (94–136 in) from the snout to the base of the tail and stand 150–183 cm (59–72 in) at the shoulder. The tail adds a further 50–90 cm (20–35 in). Coats are generally smooth at most of the body with a rough mane. Females have a tan coat, while males have a darker tan coat with a blueish-grey tinge; there may also be a series of white stripes vertically on the sides of bulls (mainly in parts of the Karoo in South Africa). But as males age they tend to turn a grayer color (Pappas 2002). Males have dense fur on their foreheads and a large dewlap. Both sexes have horns, about 65 cm (26 in) long and with a steady spiral ridge (resembling that of the bushbuck). The horns of males are shorter (17–26 in) and thicker than the females (20–27 in), which are more pointed. The female's horns are wider set and thinner than the male's. The eland has a mass of about 650 kilograms, which is the double of the kudu. They have a hump at the shoulder and a broad fold of skin hanging from the neck. Elands are said to be one of the slowest antelopes and can even jump over a height of 2.5 meters or above. Elands have an average lifespan of 15–20 years, and some have been known to live for as many as 25 years (Pappas 2002). When walking, tendon or joints in the eland's foreleg produce a sharp clicking sound, the cause of which has not been widely investigated. The sound carries some distance and is a good indication of an approaching herd. Scientists take it as a form of communication in elands.

TaxonomyCommon Eland are sometimes considered part of the genus Tragelaphus, but are usually categorized as Taurotragus, along with the Giant Eland. It belongs to the Artiodactyla order, Bovidae family and Bovinae subfamily. The common eland and giant eland are sometimes added in the Taurotragus genus also. Three subspecies of Common Eland have been recognized, although their validity requires investigation.

Ecology and behavior

The elands are most active in the morning and late afternoon, lying sheltered in the heat of the day. They're commonly found in large herds, with no dispersion during the rainy season. They live in large mixed groups, usually containing 25-70 individuals, though up to 400 have been observed. An average size group herd with juveniles is approximately 50 individuals. Males use to stay in bushier areas when the females and juveniles move into the plains to feed on the grasses. As a rule also, the groups of males are smaller than those of females and juveniles. Some of its main predators include lion, cape hunting dog, leopard and spotted hyena.

Habitat and distribution

Common eland live in terrestrial systems, on the open plains of southern Africa and along the foothills of the great South African plateau. The species extends north into Ethiopia, to the east into western Angola and Namibia, most arid zones of Sudan and now even into South Africa (Lydon). However, there is low density of elands in Africa due to poaching, human settlement etc. There are at least 3 elands/sq mi (1.2/sq km). Now it has been reintroduced in Zimbabwe also.Elands prefer to live in semi-arid areas that contain many shrub-like bushes, and often inhabit grasslands, woodlands, sub-desert, bush and mountaintops up to 15,000 ft (4600 m).Elands do, however, avoid forests, swamps, and deserts.

Elands can be found in many national parks and reserves today, like Nairobi and Tsavo NP, Masai Mara NR, Kenya; Serengeti, Ruaha, and Tarangire NP, Ngorongoro Crater, Tanzania; Kagera NP, Rwanda; Nyika NP, Malawi; Luangwa Valley and Kafue NP, Zambia; Hwange and Matobo NP, Tuli Safari Area, Zimbabwe; Kruger NP, Giant's Castle GR, Suikerbosrand NR, South Africa.

They live on home ranges that can be 174-422 sq. km. for females and juveniles and 21-75 sq. km. for males, but in the dry season the home ranges reduce to 9-58 sq. km. and 1-39 sq. km. for females and males respectively. Sometimes the home ranges of males overlap when the females are in estrus ,that is, the phase when the female is sexually receptive. Since food resources are not scarce and females roam frequently, males needn't have a territory of their own.

FeedingAs a herbivore, elands usually eat grass, branches and leaves. They are diurnal and nocturnal but tend to be inactive during the heat of day. The common eland has an unusual social life, leaving or joining herds as necessary without forming close ties. The size and power of the bull Eland generally (but not always) discourages predators, but females are thought to be more vulnerable to attack. According to Bergstrom and Skarpe 1999, the common eland would walk long distances for water resources if unavailable in its surrounding. They switch to grazing in the early rainy season. According to a study, grasses made up over 45% of the eland's diet in December 1988 when it was only 6.3% the month before. Many experiments showed that eland are able to readily adapt to changes in seasonal patterns. Yet another observation made in 1985 till 1986 showed that eland were one of the few antelopes who did not regularly use a newly flooded plain where there was an abundance of grasses, rather they preferred to stay in to bushier areas that were more suitable to browsers and only seemed to use the flood plain for shade and water. As they quickly adjust to the surroundings due to seasonal changes and other causes, they also change their feeding habits. They prefer eating vegetation like cross-berry (Grewia occidentalis), and scientists conclude that due to some kind of evolutionary adaptation the large antelope can survive on lower quality food in times of little rain. Elands feed during night in hot weather and always for a very long time, and sleep long in daytime. Elands also feed on foliage and a variety of seeds, seedpods, herbs, and tubers. Like its distant gazelle and oryx relatives, the eland can conserve water by raising its body temperature as much as 7° Celsius (13.5° Fahrenheit) on hot days.

Sociability and reproduction

Females have sexual maturity at 15–36 months and males at 4–5 years. Mating may occur anytime after reaching sexual maturity, especially observed during the rainy season. This is due to the gathering of all elands to feed on lush green plains full of grasses, in which some males and females start mating each other in separate groups. Males chase the females in order to know if she is in estrus by testing her urine. Usually a female chooses the most prevailing and fit male to mate with. Sometimes she runs away from attracted males trying to mate, causing more attraction. This even results into fights between attracted males, in which the hard horns help strongly. Males usually keep close contact with females in the mating period. Females are able of conceiving at the age of 2.5. Females have a gestation period of 9 months, and at once she can give birth to 1 calf only.

There are 3 different social groups- the first one is the males group, the smallest one living close to each other and sticking firmly over a particular food or water source. The males group are always roaming and aren't stable. Secondly, the female group is much larger in size and covers greater areas. It travels around the plains full of grass in wet periods and during the dry periods it prefers bushy areas. In a recent experiment it was found that females have a complex linear hierarchy. it is often thought that it is the mother which gives certain female's dominance. Thirdly are the nursery groups, which is naturally formed when females give birth to calves. In no more than 24 hours the mother and calf join this group. The calves start befriending each other and stay back in the nursery group while the mother returns to the female group. The calves leave the nursery group when they're at least 2 years old and join the males and females group as per as their sex.

ConservationCurrently, elands are not endangered and are conserved by the U.S. Endangered Species Act, or regulated in international trade by CITES. As per the IUCN, it is said that citing various authors, East (1999) indicates that population density estimates obtained by aerial counts in areas where the species is moderately common generally range from about 0.05 - 0.4/km². Higher density estimates (0.6-1.0/km²) have been obtained by aerial counts. Ground surveys or total counts of areas where the species is common have produced similar density estimates. East (1999) produced a total population estimate of 136,000, with stable/increasing national populations are now confined to Namibia, Botswana, Zimbabwe, South Africa, Malawi and possibly Tanzania. Population trends vary from increasing to decreasing within individual protected areas, and are generally increasing on private land and decreasing in other areas.

About the conservation status, IUCN says that about half of this estimated total population occurs in protected areas and 30% on private land (East 1999). Protected areas that support major populations include Omo (Ethiopia), Serengeti, Katavi, Ruaha and Selous-Kilombero (Tanzania), Kafue and North Luangwa (Zambia), Nyika (Malawi), Etosha (Namibia), Kgalagadi Transfrontier Park (Botswana/South Africa) and Ukhahlamba Drakensberg Park (South Africa). Most of these populations appear to be stable. Relatively large numbers of the Common Eland now occur on private land, particularly in Namibia, Zimbabwe and South Africa, reflecting its value as a trophy animal. Common Eland have also been widely domesticated in Zimbabwe, South Africa and Kenya, as well as in Russia, Ukraine, and England

Yet the population is gradually decreasing due to habitat loss (due to expanding human settlements) and poaching for its superior meat. As they're docile and inactive most of the time they can be easily killed.

Elephant

Elephants are large land mammals in two genera of the family Elephantidae: Elephas and Loxodonta. Three species of elephant are living today: the African bush elephant, the African forest elephant and the Asian elephant (also known as the Indian elephant). All other species and genera of Elephantidae are extinct, some since the last ice age although dwarf forms of mammoths may have survived as late as 2,000 BCE.[1] Elephants and other Elephantidae were once classified with other thick-skinned animals in a now invalid order, Pachydermata.

Elephants are the largest land animals now living.[2] The elephant's gestation period is 22 months, the longest of any land animal. At birth it is common for an elephant calf to weigh 120 kilograms (260 lb). They typically live for 50 to 70 years, but the oldest recorded elephant lived for 82 years.[3] The largest elephant ever recorded was shot in Angola in 1956. This male weighed about 24,000 lb (11,000 kg),[4] with a shoulder height of 3.96 metres (13.0 ft), a metre (yard) taller than the average male African elephant.[5] The smallest elephants, about the size of a calf or a large pig, were a prehistoric species that lived on the island of Crete during the Pleistocene epoch.[6]

Elephants are a symbol of wisdom in Asian cultures and are famed for their memory and intelligence, where they are thought to be on par with cetaceans[7] and hominids.[8] Aristotle once said the elephant was "the beast which passeth all others in wit and mind".[9] The word "elephant" has its origins in the Greek ἐλέφας, meaning "ivory" or "elephant".[10]

According to observations, healthy adult elephants have no natural predators,[11] although lions may take calves or weak individuals.[12][13] They are, however, threatened by human intrusion and poaching.

Gemsbok

The gemsbok or gemsbuck (Oryx gazella) is a large antelope in the Oryx genus. It is native to the arid regions (for example the Kalahari Desert) of southern Africa, but formerly some authorities included the East African Oryx as a subspecies. The name is derived from the Dutch name of the male chamois, gemsbok. Although there are some superficial similarities in appearance (especially in the colour of the face area), the chamois and the oryx are not closely related.

DescriptionGemsbok are light brownish-grey to tan in colour, with lighter patches to the bottom rear of the rump. Their tails are long and black in colour. A blackish stripe extends from the chin down the bottom edge of the neck through the join of the shoulder and leg along the lower flank of each side to the blackish section of the rear leg. They have muscular necks and shoulders and their legs have white 'socks' with a black patch on the front of both the front legs and both genders have long straight horns. Comparably, the East African Oryx lacks a dark patch at the base of the tail, has less blackish on the legs (none on the hindlegs), and less blackish on the lower flanks.

Gemsbok are about 1.4 metres (4 ft 7 in) at the shoulder, and males can weigh between 230–250 kilograms (510–550 lb) while females weigh 200–210 kilograms (440–460 lb).

HornsGemsbok are widely hunted for their spectactular horns that average 85 centimetres (33 in) in length. The only outward difference between males and females is their horns, and many hunters mistake females for males each year. In males, these horns are perfectly straight, extending from the base of the skull to a slight outward and rearward angle. Females have longer thinner horns that have a slight outward and rearward curve in addition to their angle.

Female Gemsbok use their horns to nd themselves and their offspring from predators while male Gemsbok primarily use their horns to defend their territory from other males.

Gemsbok are one of the few antelope species where female trophies are sometimes more desirable than male ones. A gemsbok horn can be fashioned into a natural trumpet and, according to some authorities, can be used as a shofar.

BehaviorGemsbok live in herds of about 10-40 animals, which consist of a dominant male, a few non-dominant males, and females.

Gemsbok are mainly desert-dwelling and do not depend on drinking to supply their physiological water needs.

They can reach running speeds of up to 56 kilometres per hour (35 mph).

Introduction to North America

In 1969 the New Mexico State Department of Game and Fish decided to introduce Gemsbok to the Tularosa Basin in the United States. The introduction was a compromise between those who wanted to preserve nature and those who wanted to use it for profit and promotion.[4] 93 were released from 1969 to 1977. The current population is estimated to be 3,000. The reason the Gemsbok thrived is because their natural predators, including the Lion, are not present.

Giant Sable Antelope

The Giant Sable Antelope, Hippotragus niger variani, also known in Portuguese as the Palanca Negra Gigante, is a large, rare subspecies of Sable Antelope native and endemic to the region between Cuango and Luando Rivers in Angola.

There was a great degree of uncertainty regarding the number of animals that survived during the Angolan civil war. In January 2004, a group from the Centro de Estudos e Investigação Científica (CEIC) of the Catholic University of Angola (UCAN), led by Dr. Pedro vaz Pinto, was able to obtain photographic evidence of one of the remaining herds from a series of trap cameras installed in the Cangandala National Park, south of Malanje.

The Giant Sable Antelope is held in a great deal of respect by the country and people of Angola. This may be one of the reasons they survived the long civil war. In African mythology, just like other antelopes, they symbolize vivacity, velocity, beauty and visual sharpness.

The Giant Sable Antelope is evaluated as Critically Endangered on the IUCN Red List of Threatened Species.

Description

Both sexes have horns, which can reach 1.5 meters. Males and females are strikingly similar in appearance until they reach three years of age when the males become darker and develop majestic horns. The male antelope weighs an average of 238 kg with a height of 116-142 cm. Females weigh 220 kg and are slightly shorter than males. The horns are massive and more curved in males reaching lengths of 81-165 cm, while females' horns are only 61-102 cm in length. Coloration in bulls is black while females and young are chestnut, except in southern populations where females turn brown-black. Most sable antelopes have white "eyebrows", a rostrum sectioned into cheek stripes, white belly and rump patch. Young under two months typically are light brown and have slight markings. They are the national animal of Angola.

ersonalityLike all antelopes they are shy by nature, but they can also be very aggressive. The males can be especially dangerous when hurt, attacked, or approached. In fights, males avoid some serious injuries by kneeling down on their front legs, and engage in horn wrestling fights. Fatalities from these fights are rare.

HabitatThey live in forests near water, where leaves and tree sprouts are always juicy and abundant. It is an endangered species, so it is protected in natural parks, and hunting it is, therefore, forbidden. Typically, sable antelopes are specialized browsers feeding on foliage and herbs, especially those growing on termite mounds. One of the reasons for the declining in antelope numbers could be their very specific feeding pattern. Typically they will feed on tree leaves, which make up to 90 percent of their diet, at heights of 40-140 mm from the ground, taking only the leaf.

Ecology and BehaviorJuvenile Giant Sables are hunted by leopards and hyenas, while adults are only threatened by lions and crocodiles. When startled, the antelope normally run for only a short distance before slowing and looking back; however, when they are pursued, they can run at speeds of up to 35 mph for a considerable distance.

Relationship with humansThe Giant Sable is a national symbol of Angola and is portrayed on numerous stamps, banknotes, and even passports of the nation. The Angola national football team is fondly known as the Palancas Negras in honor of the antelope..

Giraffe

The giraffe (Giraffa camelopardalis) is an African even-toed ungulate mammal, the tallest of all extant land-living animal species, and the largest ruminant. Its scientific name, which is similar to its archaic English name of camelopard, refers to its irregular patches of color on a light background, which bear a token resemblance to a leopard's spots. The average mass for an adult male giraffe is 1,200 kilograms (2,600 lb) while the average mass for an adult female is 830 kilograms (1,800 lb). It is approximately 4.3 metres (14 ft) to 5.2 metres (17 ft) tall, although the tallest male recorded stood almost 6 metres (20 ft).

The giraffe is related to other even-toed ungulates, such as deer and cattle, but is placed in a separate family, the Giraffidae, consisting of only the giraffe and its closest relative, the okapi, and their extinct relatives. Its range extends from Chad in Central Africa to South Africa. Giraffes usually inhabit savannas, grasslands, or open woodlands. However, when food is scarce they will venture into areas with denser vegetation. They prefer areas with plenty of acacia growth. They will drink large quantities of water when available, which enables them to live for extended periods in arid areas. The giraffe's fur may serve as a chemical defence, and is full of antibiotics and parasite repellents that gives the animal a characteristic scent. Old males are sometimes nicknamed "stink bulls". There are at least eleven main aromatic chemicals in the fur, although indole and 3-methylindole are responsible for most of their smell. Because the males have a stronger odour than the females, it is also suspected that it has a sexual function. The giraffe has one of the shortest sleep requirements of any mammal, which averages 4.6 hours per 24 hours.

EtymologyThe name giraffe has its earliest known origins in the Arabic word الزرافة ziraafa or zurapha, perhaps from an African name. It appears in English from the 16th century on, often in the Italianate form giraffa. The species name camelopardalis (camelopard) is derived from its early Roman name, where it was described as having characteristics of both a camel and a leopard. The English word camelopard first appeared in the 14th century and survived in common usage well into the 19th century. The Afrikaans language retained it.

Taxonomy and evolution

The giraffe is one of only two living species of the family Giraffidae, along with the okapi. The family was once much more extensive, with over 10 fossil genera described. The giraffids evolved from a 3 m (9.8 ft) tall antelope-like mammal that roamed Europe and Asia some 30–50 million years ago. The earliest known giraffid was Climacoceras, which still resembled deer, having large antler-like ossicones. It first appeared in the early Miocene epoch. Later examples include the genera Palaeotragus and Samotherium, which appeared in the early-to-mid-Miocene. They were both tall at the shoulder, and had developed the simple, unbranched ossicones of modern giraffids, but still had relatively short necks. From the late Pliocene onwards, the variety of giraffids drastically declined, until only the two surviving species remained. The modern genus Giraffa evolved during the Pliocene epoch, and included a number of other long-necked species, such as Giraffa jumae, that do not survive today.

The giraffe was one of the many species first described by Linnaeus in 1758. He gave it the binomial name of Cervus camelopardalis in the 10th edition of his Systema Naturae. Brisson erected the genus Giraffa in 1762.

SubspeciesDifferent authorities recognize different numbers of subspecies, differentiated by size, colour and pattern variations and range. Some of these subspecies may prove to be separate species as they appear to be reproductively isolated despite their mobility. The subspecies recognized by most recent authorities are:

G. c. camelopardalis, the nominate subspecies, is known as the Nubian Giraffe. Its coat pattern has large, four-sided spots of chestnut brown on an off-white background and no spots on inner sides of the legs or below the hocks. It is found in eastern Sudan and northeastern DR Congo. It has been estimated that fewer than 250 remain in the wild, but little is known about this subspecies and consequently this estimate is labelled with great uncertainty. It is very rare in captivity, although kept at Al Ain Zoo in the United Arab Emirates.

G. c. reticulata, known as the Reticulated or Somali Giraffe, has a coat pattern of well defined patches that are normally a bright orange-brown colour. These patches have sharp edges and are separated by bold, bright white lines. It ranges from northeastern Kenya, into southern Ethiopia and Somalia. It has been estimated that fewer than 5.000 remain in the wild, and based on ISIS records it is among the most common in zoos, with more than 450 kept.

G. c. angolensis, the Angolan or Smoky Giraffe, has large spots with some notches around the edges, extending down the entire lower leg. It is found in southern Angola, northern Namibia, southwestern Zambia, Botswana and western Zimbabwe. It has been estimated that fewer than 20,000 remain in the wild, and based on ISIS records approximately 20 are kept in zoos.

G. c. antiquorum, the Kordofan Giraffe, has smaller, more irregular spots that cover the inner legs. Its distribution includes southern Chad, Central African Republic and northern Cameroon. Populations in Cameroon were formerly included in G. c. peralta instead, but this was incorrect. Fewer than 3,000 are believed to remain in the wild. Considerable confusion has existed over the status of this subspecies and G. c. peralta in zoos. In 2007 it was shown that all "G. c. peralta" in European zoos actually are G. c. antiquorum. Consequently, approximately 65 are kept in zoos based on ISIS records.

G. c. tippelskirchi, known as the Maasai Giraffe or Kilimanjaro Giraffe, has jagged-edged, vine-leaf shaped spots of dark brown on a brownish-cream background. It is the darkest coloured subspecies. It occurs in central and southern Kenya and Tanzania. It is estimated that fewer than 40,000 remain in the wild, and based on ISIS records approximately 100 are kept in zoos.

G. c. rothschildi, is known variously as the Rothschild Giraffe or Baringo Giraffe or Ugandan Giraffe. Its coats bears deep brown, blotched or rectangular spots with poorly defined cream lines. Its legs are mostly white with no pattern. Its range includes Uganda and west-central Kenya, especially near Lake Baringo. It may also occur in southern Sudan. Fewer than 700 are believed to remain in the wild, and based on ISIS records more than 450 are kept in zoos.

G. c. giraffa, the South African Giraffe, has rounded or blotched spots, some with star-like extensions on a light tan background, running down to the hooves. It is found in northern South Africa, southern Botswana, southern Zimbabwe and southwestern Mozambique. It is estimated that fewer than 12,000 remain in the wild, and based on ISIS records approximately 45 are kept in zoos.

G. c. thornicrofti, called the Thornicroft Giraffe or Rhodesian Giraffe, has star-shaped or leafy spots extend to the lower leg. It is restricted to the Luangwa Valley in eastern Zambia. Fewer than 1,500 remain in the wild, and based on ISIS records none are kept in zoos.

G. c. peralta, commonly known as the West African Giraffe or Nigerian Giraffe, has numerous pale, yellowish red spots. It is endemic to southern Niger. With fewer than 220 individuals remaining in the wild, it is the rarest giraffe subspecies. Giraffes in Cameroon were formerly believed to be this subspecies, but are actually G. c. antiquorum. This has also resulted in some confusion over its status in zoos, but in 2007 it was established that all "G. c. peralta" kept in European zoos actually are G. c. antiquorum.

Formerly, the Kordofan and West African Giraffes were regarded as a single subspecies, but genetic evidence has confirmed that they represent two separate subspecies. Comparably, the Rothschild's Giraffe has been considered a hybrid population, but genetic evidence has confirmed that it is a valid subspecies. By contrast, scientists have proposed four other subspecies — Cape Giraffe (G. c. capensis), Lado Giraffe (G. c. cottoni), Congo Giraffe (G. c. congoensis), and Transvaal Giraffe (G. c. wardi) — but today none of these is widely accepted. One genetic study on Smoky Giraffes suggests that the northern Namib Desert and Etosha National Park populations are distinct subspecies.

Although giraffes of these populations interbreed freely under conditions of captivity, suggesting that they are subspecific populations, genetic testing published in 2007 has been interpreted to show that there may be at least six species of giraffe that are reproductively isolated and not interbreeding, even though no natural obstacles, like mountain ranges or impassable rivers block their mutual access. The study found that the two giraffe populations that live closest to each other— the reticulated giraffe (G. camelopardalis reticulata) of north Kenya, and the Masai giraffe (G. c. tippelskirchi) in south Kenya— separated genetically between 0.13 and 1.62 million years ago, judging from genetic drift in nuclear and mitochondrial DNA.

The implications for conservation of as many as eleven such cryptic species and subspecies were summarised by David Brown for BBC News: "Lumping all giraffes into one species obscures the reality that some kinds of giraffe are on the brink. Some of these populations number only a few hundred individuals and need immediate protection."

Anatomy and morphology

Male giraffes are up to 5.5 metres (18 ft) tall at the horn tips, and weigh between 800 and 1,930 kilograms (1,800 and 4,300 lb). Females are between 4 and 4.5 metres (13 and 14.8 ft) tall and weigh between 550 and 1,180 kilograms (1,200 and 2,600 lb). The coat is made up of brown blotches or patches separated by lighter hair. Each giraffe has a unique coat pattern.

HornsBoth sexes have prominent horns, formed from ossified cartilage, and known as ossicones. The appearance of horns is a reliable method of identifying the sex of giraffes, with the females displaying tufts of hair on the top of the horns, whereas males' horns are larger and tend to be bald on top — the hairs worn away due to necking in combat. Males sometimes develop calcium deposits which form bumps on their skull as they age, which can give the appearance of up to three additional horns.

Legs and locomotionGiraffes also have slightly elongated forelegs, about 10% longer than their hind legs, and can reach a sprint speed of up to 60 km/h (37 mph). It cannot sustain a lengthy chase. The apparent inflexibility of its legs give it a stiff gait when walking. When running the giraffe thrusts its front legs into the air and when they touch the ground they push off again. When the hind legs land together the process starts over. The giraffe is briefly airborne when running. When hunting adult giraffes, lions try to knock the lanky animal off its feet and pull it down. Giraffes are difficult and dangerous prey. The giraffe defends itself with a powerful kick. A single well-placed kick from an adult giraffe can kill a predator. Lions are the only predators which pose a serious threat to an adult giraffe.

SwimmingAlthough no definitive study has been publicly conducted, giraffes are assumed to be unable to swim. It has been estimated that the giraffe's proportionally larger limbs have very high rotational inertias making rapid swimming motions strenuous. A swimming giraffe – forced into a posture where the neck is sub-horizontal and with a thorax that is pulled downwards by the large fore limbs – would not be able to move the neck and limbs synchronously as giraffes do when moving on land, possibly further hampering the animal's ability to move its limbs effectively underwater.

A computer simulation conducted by Scientific American suggested that while a giraffe could float, "they would be clumsy and unstable in water". The simulation suggests the giraffe's high density in its limb bones would make it slow and suffer from high drag. Furthermore, the weight of the forelimbs and shoulder would pull the front of the giraffe down, straining its neck.

Neck

The giraffe's extreme altitude is a consequence of its extremely elongated neck, which can be over 2 m (7 ft) in length, accounting for nearly half of the giraffe's vertical height. The increase in neck length results from the disproportionate elongation of the cervical vertebrae, rather than the addition of more vertebrae. The cervical vertebrae comprise about 45–50% of the giraffe vertebral column, compared to the 30% typical of similar large ungulates, including the giraffe’s closest extant relative, the okapi. This elongation, which occurs in large part after birth, is a 150% increase in vertebrae length over similar sized animals – in fact, the non-cervical sections of the giraffe vertebral column exhibit identical proportions to those in okapi.

In addition to their elongated cervical vertebrae, in giraffes the point of articulation between the cervical and thoracic vertebrae is shifted to lie between T1 and T2, the first and second thoracic vertebrae, rather than between C7 and T1, as in most other ruminants. This allows C7 to contribute directly to increased neck length, and has sparked the suggestion that T1 is actually C8, and giraffes have added an extra cervical vertebra. However, this proposition is generally not accepted, as T1 has other morphological features, such as an articulating rib, deemed diagnostic of thoracic vertebrae. Also, the exceptions to the mammalian constraint of seven cervical vertebrae are generally characterized by increased neurological anomalies and maladies, symptoms that have not been observed in giraffes.

There are two main hypotheses regarding the evolutionary origin and maintenance of elongation in giraffe necks. The “competing browsers hypothesis” was originally suggested by Charles Darwin and only challenged recently. It suggests that competitive pressure from smaller browsers, such as kudu, steenbok, and impala, drove the elongation of the neck so giraffes could reach nutrients competitors could not. This advantage is real – giraffes can and do feed up to 5 m, while most of their competitors, kudu, can only feed up to about 2 m (7 ft). There is also research suggesting that browsing competition below 2 m is intense, and giraffes feed more efficiently (gaining more leaf biomass per bite) higher in the canopy. However, scientists disagree about just how much time giraffes spend feeding at levels unreachable to other browsers. Although giraffes can feed as low as 0.5 m and as high as 6 m off the ground, it appears that they most often feed between 2 and 4 m (7–14 ft). However, elephants also routinely feed at heights up to 5 m (they knock down only a minority of the trees they feed on), and are likely competitors at these heights. Competition for food with other giraffes could also favor the evolution of tall necks.

The other main theory, the sexual selection hypothesis, proposes that the long necks evolved as a secondary sexual characteristic, giving males an advantage in "necking" contests (see below) to establish dominance and obtain access to sexually receptive females. In support of this theory, males have proportionally larger necks than females, and males with longer, bigger necks are more successful in dominance displays and courtship behavior. However, a major criticism of this theory is that it fails to adequately explain why female giraffes also have long necks.

Circulatory systemModifications to the giraffe's structure have evolved, particularly to the circulatory system. A giraffe's heart, which can weigh up to 10 kg (22 lb) and measure about 60 cm (2 ft) long, must generate approximately double the normal blood pressure for an average large mammal to maintain blood flow to the brain. In the upper neck, a complex pressure-regulation system called the rete mirabile prevents excess blood flow to the brain when the giraffe lowers its head to drink.

The jugular veins also contain several (most commonly seven) valves to minimise blood flowing back into the head and assist it getting to the inferior vena cava and right atrium in the same situation. Conversely, the blood vessels in the lower legs are under great pressure (because of the weight of fluid pressing down on them). In other animals such pressure would force the blood out through the capillary walls; giraffes, however, have a very tight sheath of thick skin over their lower limbs which maintains high extravascular pressure in the same way as a pilot's g-suit.

LifestyleSocial structure and breeding habits

While giraffes are usually found in groups, the composition of these groups is more fluid than in other social ungulates. They are a largely transient species with few strong social bonds and aggregations usually disband every few hours, although calving groups can last weeks to months. For research purposes, a "group" has been defined as "a collection of individuals that are less than a kilometre apart and moving in the same general direction." Giraffe groups can range from over 40 individuals to only a few individuals with the latter being more common. Female giraffes associate in groups of a dozen or so members, occasionally including a few younger males. Calves and sub-adults are rarely alone. Giraffe groups with young tend to feed in more open areas, presumably to provide better visibility to detect predators. This may reduce their feeding efficiency.

Reproduction is broadly polygamous, with a few older males impregnating the fertile females. Male giraffes determine female fertility by tasting the female's urine in order to detect estrus, in a multi-step process known as the Flehmen response. Once a estrous female is detected, the male will them attempt to court her. Males prefer younger females, possibly became the latter are more fertile, while females prefer older, more dominant males. During courtship, dominant males will displace subordinates from the presence of the females, by staring and walking towards them. Thus the female prolongs the courtship process for as long as possible so only the most dominant male remains and copulation will follow.

Although generally quiet and non-vocal, giraffes have been heard to communicate with various sounds. Courting males will emit loud coughs. Females will call their young by whistling or bellowing. Calves will bleat, moo, or make mewing sounds. In addition, giraffes will grunt, snort, hiss, or make strange flute-like sounds. Recent research has provided evidence that the giraffes produce infrasound.

Birthing, parental care, and lifespanGiraffe gestation lasts between 400 and 460 days, after which a single calf is normally born, although twins occasionally occur. The mother gives birth standing up and the embryonic sack usually bursts when the baby falls to the ground. Newborn giraffes are about 1.8 m (5 ft. 11 in.) tall.

Within a few hours of being born, calves can run around and are indistinguishable from a week-old calf; however, for the first two weeks, they spend most of their time lying down, guarded by the mother. It has been speculated that their characteristic spotted pattern provides a certain degree of camouflage. Mothers with calves will gather in nursery herds which are usually made up of two or more infants and/or juveniles and their mothers moving or browsing together. Mothers in a groups may sometimes leave their calves with one female while they travelled to other areas. It is what’s known as a "calving pool". Males largely play no role in raising the young.

The young can fall prey to lions, leopards, spotted hyenas, and wild dogs. Mother giraffes will defend their young by placing themselves between the young and the predator and kicking the predator. Giraffes only defend their own young and form calving herds for selfish reasons. Only 25 to 50% of giraffe calves reach adulthood. Maximum lifespan is ~25 years in the wild and 28 years in captivity.

Necking

Male giraffes often engage in necking, which has been described as having various functions. One of these is combat. Battles can be fatal, but are more often less severe, generally ending when one giraffe surrenders to the other. The longer the neck, and the heavier the head at the end of the neck, the greater the force a giraffe is able to deliver in a blow. It has also been observed that males that are successful in necking have greater access to estrous females, so the length of the neck may be a product of sexual selection.

After a necking duel, a giraffe can land a powerful blow with his head — occasionally knocking a male opponent to the ground. These fights rarely last more than a few minutes or end in physical harm.

Another function of necking is sexual, in which two males caress and court each other, leading up to mounting and climax. Such interactions between males are more frequent than heterosexual coupling. In one study, up to 94% of observed mounting incidents took place between two males. The proportion of same sex activities varied between 30 and 75%, and at any given time one in twenty males were engaged in non-combative necking behaviour with another male. Only 1% of same-sex mounting incidents occurred between females.

Diet

Giraffe extending its tongue to feed. Its tongue, lips and palate are tough enough to deal with sharp thorns in trees.Giraffes browse on the twigs of trees, preferring trees of the genera Acacia, Commiphora and Terminalia, and also eat grass and fruit. The tongue, lips and palate are tough, which allows them to feed on trees with sharp thorns. In Southern Africa, giraffes feed on all acacias, especially Acacia erioloba. A giraffe can eat 65 pounds (29 kg) of leaves and twigs daily, but can survive on just 15 pounds (6.8 kg).

The giraffe requires less food than typical grazing animals because the foliage it eats has more concentrated nutrition and it has a more efficient digestive system. During the wet season, food is abundant and giraffes disperse widely, but during the dry season they need to congragate around evergreen trees and bushes. As a ruminant, it first chews its food, then swallows for processing and then visibly regurgitates the semi-digested cud up their necks and back into the mouth, in order to chew again. This process is usually repeated several times for each mouthful. The giraffe can survive without water for extended periods. Compared with domestic cattle, giraffes have a comparatively short small intestine and a comparatively long large intestine, with a resulting small ratio of small:large intestine. A giraffe can clean off bugs (like acacia ants) on its face with its extremely long tongue (about 45 centimetres (18 in)).

Stereotypic behaviorMany animals when kept in captivity, such as in zoos, display abnormal behaviours. Such unnatural behaviours are known as stereotypic behaviours. In particular, giraffes show distinct patterns of stereotypic behaviours when removed from their natural environment. Due to a subconscious response to suckle milk from their mother, something which many human-reared giraffes and other captive animals do not experience, giraffes resort instead to excessive tongue use on inanimate objects.

Human interactionsIn art and culture

The giraffe was considered the "queen of beasts" by Arab prophets and poet for what they considered to be its delicate features and fragile form. Eastern sultans prized them as special pets. Giraffes were also known to the people of the Mediterranean region during antiquity. Pompey apparently kept ten at his theater in Rome. Giraffes were apparently mostly forgotten by the Middle Ages except in legends from Arab travelers. The Medici giraffe was a giraffe presented to Lorenzo de' Medici in 1486. It caused a great stir on its arrival in Florence, being reputedly the first living giraffe to be seen in Italy since the days of Ancient Rome. Another famous giraffe, called Zarafa, was brought from Africa to Paris in the early 19th century and kept in a menagerie for 18 years.

Giraffe is a novel by the author J. M. Ledgard. The work concerns a true incident in which 49 giraffes were slaughtered in the Czech Republic (then Czechoslovakia) in 1975 following the suspected outbreak of disease amongst the group. The novel contains extensive information about the species, including the long history of European fascination with the beast and its captivity in zoos.

Giraffes can be seen in paintings, including the famous painting of a giraffe which was taken from Somalia to China in 1414. The giraffe was placed in a Ming Dynasty zoo. At one point the giraffe was associated with the mythical Qilin, and a derivative of that name (kirin) is still used as the word for giraffe in Japan, Taiwan, and Korea.

Giraffes continue to have a presence in modern popular culture; most notably Toys "R" Us mascot Geoffrey the Giraffe. They also appear as miscellaneous characters in films like The Lion King and Dumbo. They have had more prominent roles with Melman from Madagascar and Longrack from the Transformers universe.

Scientific inspirationGiraffes have been used as examples for introducing ideas in evolution, especially to illustrate the ideas of Lamarck. Lamarck believed that the giraffe's long neck developed as a result of ancestral giraffe's reaching to browse on the leaves of tall trees. In addition the coat patterns of several subspecies of giraffe have been modelled using reaction-diffusion mechanisms. The giraffe's circulatory system has been studied by NASA which hopes to replicate the the giraffe's ability to keep blood from pooling in its lower body for astronauts returning from space.

Conservation

Overall, the giraffe is regarded as Least Concern from a conservation perspective by the International Union for Conservation of Nature (IUCN), as it still is widespread and occurs in numerous reserves. However, the giraffe has been extirpated from many parts of its former range, including Burkina Faso, Eritrea, Guinea, Malawi, Mauritania and Senegal. It may also have disappeared from Angola, Mali and Nigeria. Two subspecies, the West African Giraffe (G. c. peralta) and the Rothschild Giraffe (G. c. rothschildi), have been classified as endangered with wild populations of each of these numbering in the hundreds. Additionally, it has been suggested that the Nubian Giraffe (G. c. camelopardalis) is the most threatened of all giraffes and may number fewer than 250, but little recent information is available and consequently that estimate is labelled with considerable uncertainty.

Giraffes are hunted for their tails, hides and meat. The tails are used as good luck charms, thread and flyswatters. In addition, habitat destruction also hurts the giraffe. In the Sahel trees are cut down for firewood and to make way for livestock. Normally, giraffes are able to cope with livestock since they feed in the trees above their heads. The giraffe is a protected species in most of its range. The total African giraffe population has been estimated to range from 110,000 to 150,000. Kenya (45,000), Tanzania (30,000), and Botswana (12,000), have the largest national populations. More recent estimates suggest fewer than 80,000 remain in total.

Gnu

Names

Western White-bearded Wildebeest (C. t. mearnsi), Ngorongoro, TanzaniaThe animal's specific name taurinus is Latin for "like a bull".

Description

Distribution and habitat

Conservation

Behaviour

Reproduction

Blue wildebeest, Etosha National Park, Namibia

Ground squirrel

The ground squirrels are those members of the Sciuridae most closely related to the genus Marmota. They make up the tribe Marmotini in the large and mainly terrestrial squirrel subfamily Xerinae, and containing six living genera. Well-known members of this largely Holarctic group are the marmots (Marmota), including the American groundhog, the chipmunks, the susliks (Spermophilus), and the prairie dogs (Cynomys). They are highly variable in size and habitus, but most are remarkably able to rise up on their hind legs and stand fully erect comfortably for prolonged periods. They also tend to be far more gregarious than other squirrels and many live in colonies with complex social structure. Most Marmotini are rather short-tailed and large squirrels, and the Alpine Marmot (Marmota marmota) is the largest living member of the Sciuridae, at 53–73 cm. in length and weighing 5–8 kg.

The chipmunks of the genus Tamias frequently spend time in trees. Also closer to typical squirrels in other aspects, they are occasionally considered a tribe of their own (Tamiini).

The ground squirrel is especially renowned for its tendency to rise up on its hind legs. It does this whenever it senses nearby danger, or when it must see over tall grasses. The squirrel then curls its paws flat against its chest and sends a screeching call to warn other family members about the presence of predators.

Ground squirrels may carry fleas that transmit diseases to humans (see Black Plague), and have been destructive in tunneling underneath human habitation Though capable of climbing, ground squirrels spend little time in trees.

Evolution and systematics

Palaeosciurus from Europe is the oldest known ground squirrel, and it does not seem to be particularly close to any of the two to three living lineages (subtribes) of Marmotini. The oldest fossils are from the Early Oligocene, more than 30 mya (million years ago), but the genus probably persisted at least until the mid-Miocene, some 15 mya.

It is not clear where the Marmotini originated. The subtribes probably diverged in the early to mid-Oligocene, as primitive marmots and chipmunks are known from the Late Oligocene of North America. Unfortunately, the fossil record of the "true" ground squirrels is less well known, beginning only in the mid-Miocene when modern susliks and prairie dogs are known to have inhabited their present-day range already.

Whether the Marmotini dispersed between North America and Eurasia via "island-hopping" across the Bering Straits or the Greenland region—which both at that time were temperate habitat—and from which continent they dispersed to which, or if both continents brought forth distinct subtribes which then spread to the other, is not known and would probably require more fossil material to be resolved. In any case, that the fairly comprehensive fossil record of Europe—at the relevant time separated from Asia by the Turgai Sea—lacks ancient Marmotini except the indeterminate Palaeosciurus might be taken to indicate that an East Asian or western North American origin with trans-Beringia dispersal is the slightly more satisfying hypothesis. This is also supported by the enigmatic Chinese genus Sciurotamias, which may be the most ancient living lineage of this group, or—if the chipmunks are not included here—close to the common ancestor of the Tamiini and the Marmotini sensu stricto.

In any case, expansion of the Marmotini to Africa was probably prevented by competitive exclusion by their close relatives the Protoxerini and Xerini—the native terrestrial and palm squirrels of that continent—which must have evolved at the same time as the Marmotini did.

Subtribes and genera

Basal and incertae sedis genera

Palaeosciurus (fossil)

Sciurotamias (Chinese rock squirrels)

Subtribe Tamiina: chipmunks (might be full tribe)

Nototamias (fossil)

Tamias

Subtribe Marmotina: marmots

Arctomyoides (fossil)

Miospermophilus (fossil)

Paenemarmota (fossil)

Palaearctomys (fossil)

Protospermophilus (fossil)

Marmota

Subtribe Spermophilina: true ground squirrels

Spermophilinus (fossil)

Ammospermophilus

Cynomys (Prairie Dogs)

Spermophilus

Hartebeest

The hartebeest (Alcelaphus buselaphus) is a grassland antelope found in West Africa, East Africa and Southern Africa. It is one of the three species classified in the genus Alcelaphus.

Hartebeest stand almost 1.5 m (5 ft) at the shoulder and weigh anywhere from 120–200 kg (265–440 lb). Male hartebeest are a dark brown colour while females are yellow brown. Both sexes have horns which can reach lengths up to 70 cm (27 in). Hartebeest live in grassland and open forest where they eat grass. They are diurnal and spend the morning and late afternoon eating. Herds contain five to twenty individuals but can occasionally contain up to 350.

Subspecies

Six subspecies have been described, previously seven when it still included the Red Hartebeest, which is now considered a distinct species after phylogeographic studies.

†Bubal Hartebeest, Alcelaphus buselaphus buselaphus (Extinct)

Coke's Hartebeest or Kongoni, Alcelaphus buselaphus cokii

Lelwel Hartebeest, Alcelaphus buselaphus lelwel

Western Hartebeest, Alcelaphus buselaphus major

Swayne's Hartebeest, Alcelaphus buselaphus swaynei

Tora Hartebeest, Alcelaphus buselaphus tora

Two subspecies cross-breeds are recognized by some sectors of the commercial hunting fraternity.

Kenya Highland Hartebeest, Alcelaphus buselaphus lelwel x cokii

Neumann Hartebeest, Alcelaphus buselaphus lelwel x swaynei. (Ethiopia)

Other species

Red Hartebeest Alcelaphus caama.

Lichtenstein's Hartebeest, Alcelaphus lichtensteinii is classified by some in the Sigmoceros genus as Sigmoceros lichtensteinii.

Two other species less commonly known as 'hartebeest' are classed in the Damaliscus genus.

Korrigum (Senegal Hartebeest), Damaliscus lunatus korrigum

Tiang (Tiang Hartebeest), Damaliscus lunatus tiang

[edit] EtymologyThe word hartebeest comes from Afrikaans and was originally called hertebeest. The name was given by the Boers who thought it resembled deer (hert in Dutch, the Dutch beest means 'beast' in English).

Hippopotamus

The hippopotamus (Hippopotamus amphibius), or hippo, from the ancient Greek for "river horse" (ἱπποπόταμος), is a large, mostly herbivorous mammal in sub-Saharan Africa, and one of only two extant species in the family Hippopotamidae (the other is the Pygmy Hippopotamus.) The hippopotamus is the third largest land animal (after the elephant and the white rhinoceros) and the heaviest extant artiodactyl, despite being considerably shorter than the giraffe.

The hippopotamus is semi-aquatic, inhabiting rivers and lakes where territorial bulls preside over a stretch of river and groups of 5 to 30 females and young. During the day they remain cool by staying in the water or mud; reproduction and childbirth both occur in water. They emerge at dusk to graze on grass. While hippopotamuses rest near each other in the water, grazing is a solitary activity and hippos are not territorial on land.

Despite their physical resemblance to pigs and other terrestrial even-toed ungulates, their closest living relatives are cetaceans (whales, porpoises, etc.) from which they diverged about 55 million years ago.[3] The common ancestor of whales and hippos split from other even-toed ungulates around 60 million years ago.[4] The earliest known hippopotamus fossils, belonging to the genus Kenyapotamus in Africa, date to around 16 million years ago.

The hippopotamus is recognizable by its barrel-shaped torso, enormous mouth and teeth, nearly hairless body, stubby legs and tremendous size. It is the third-largest land mammal by weight (between 1½ and 3 tonnes), behind the white rhinoceros (1½ to 3½ tonnes) and the three species of elephant (3 to 9 tonnes). Despite its stocky shape and short legs, it can easily outrun a human. Hippos have been clocked at 30 km/h (19 mph) over short distances. The hippopotamus is one of the most aggressive creatures in the world and is often regarded as one of the most dangerous animals in Africa. There are an estimated 125,000 to 150,000 hippos throughout Sub-Saharan Africa; Zambia (40,000) and Tanzania (20,000–30,000) possess the largest populations.[1] They are still threatened by habitat loss and poaching for their meat and ivory canine teeth.

Honey Badger

The honey badger (Mellivora capensis), also known as the ratel, is a monotypic species of mustelid native to Africa, the Middle East and the Indian Subcontinent. Despite its name, the honey badger does not closely resemble other badger species, instead bearing more anatomical similarities to weasels. It is classed as Least Concern by the IUCN due to its extensive range and general environmental adaptations. It is a primarily carnivorous species, and has few natural predators due to its thick skin and ferocious defensive abilities.

Impala

An impala (Aepyceros melampus Greek αιπος, aipos "high" κερος, ceros "horn" + melas "black" pous "foot") is a medium-sized African antelope. The name impala comes from the Zulu language meaning "gazelle". They are found in savannas and thick bushveld in Kenya, Tanzania, Swaziland, Mozambique, northern Namibia, Botswana, Zambia, Zimbabwe, southern Angola, northeastern South Africa and Uganda. Impalas can be found in numbers of up to 2 million in Africa.[2]

Klipspringer

The Klipspringer (literally "rock jumper" in Afrikaans/Dutch), Oreotragus oreotragus, also known colloquially as a mvundla (from Xhosa "umvundla", meaning "rabbit"), is a small African antelope that lives from the Cape of Good Hope all the way up East Africa and into Ethiopia.

Reaching approximately 58 cm (22 inches) at the shoulder, Klipspringers are relatively small animals compared to some of their larger antelope cousins. Only the males have horns that are usually about 10–15 cm (4–6 inches) long. They stand on the tips of their hooves.

With a thick and dense speckled "salt and pepper" patterned coat of an almost olive shade, Klipspringers blend in well with the kopje (rock outcrops, pronounced "kah-pee") on which they can usually be found.

Klipspringers are herbivores, eating rock plants. They never need to drink, since the succulents they subsist on provide them with enough water to survive.

The mating season for Klipspringers is from September through to January. The gestation period is about 214 days.

Kudu

The Greater Kudu (Tragelaphus strepsiceros) is a woodland antelope found throughout eastern and southern Africa. Despite occupying such widespread territory, they are sparsely populated in most areas, due to a declining habitat, deforestation and hunting.

Physical characteristics

They have a narrow body with long legs, and their coats can range from brown/bluish-grey to reddish-brown. They possess between 4–12 vertical white stripes along their torso. The head tends to be darker in colour than the rest of the body, and exhibits a small white chevron which runs between the eyes.

Male Greater Kudus tend to be much larger than the females, and vocalize much more, utilizing low grunts, clucks, humming, and gasping.[citation needed] The males also have large manes running along their throats, and large horns with two and a half twists, which, were they to be straightened, would reach a length of 1 metre on average. However, the male horns do not begin to grow until the male is between the age of 6–12 months, twisting once at around 2 years of age, and not reaching the full two and a half twist until they are 6 years old.[2]

Males weigh 190–270 kg (419-595 lbs) while females weigh 120–210 kg (265-463 lbs). Females do not have horns while the bulls have horns that average 120 cm (42 in) in length with the record being 187.64 cm (73.87 in).[2]

SubspeciesFormerly four subspecies have been described, but recently only one to three subspecies have been accepted based on colour, number of stripes and horn length[3]:

T. s. strepsiceros, southern parts of the range from southern Kenya to Namibia, Botswana and South Africa

T. s. chora, northeastern Africa from northern Kenya through Ethiopia to eastern Sudan, western Somalia and Eritrea

T. s. cottoni, Chad and western Sudan

This classification was supported by the genetic difference of one specimen of northern Kenya (T. s. chora) in comparison with several samples from the southern part of the range between Tanzania and Zimbabwe (T. s. strepsiceros). No specimen of the northwestern population, which may represent a third subspecies (T. s. cottoni) was tested within this study.[3]

LifestyleThe range of the Greater Kudu extends from the east in Ethiopia, Tanzania, Eritrea and Kenya into the south where they are found in Zambia, Angola, Namibia, Botswana, Zimbabwe and South Africa. They have also been introduced in small numbers into New Mexico. Their habitat includes thick bushveld, rocky hillsides, dry riverbeds and anywhere with a constant supply of water.[citation needed] They will occasionally venture onto plains only if there is a large abundance of bushes, but normally avoid such open areas to avoid becoming an easy target for their predators. Their diet consists of leaves, grass, shoots and occasionally tubers, roots and fruit (they are especially fond of oranges and tangerines).[2]

During the day, Greater Kudus normally cease to be active and instead seek cover under woodland, especially during hot days. They feed and drink in the early morning and late afternoon, acquiring water from waterholes or roots and bulbs which have a high water content. Although they tend to stay in one area, the Greater Kudu may search over a large distance for water in times of drought, in southern Namibia where water is relatively scarce they have been known to travel extremely long distances in very short periods of time.[2]

PredatorsPredators of the greater kudu generally consist of lions, leopards and hunting dogs. Although cheetahs also prey on greater kudus, they are unable to bring down a mature male, so usually go for the more vulnerable females and offspring. When a herd is threatened by predators, an adult (usually female) will issue a bark to alert the rest of the herd. Despite being very nimble over rocky hillsides and mountains, the greater kudu is not fast enough (and nor does it have enough stamina) to escape its main predators over open terrain, so instead relies on leaping over shrubs and small trees to shake off pursuers.[2]

Social systemFemale greater kudus live in small herds of six to twenty individuals along with their calves, though males tend to be mainly solitary, they sometimes form bachelor herds that consist of 4 to 8 young males (sometimes with an older bull as well). Rarely will a herd reach a size of forty individuals, partly because of the selective nature of their diet which would make foraging for food difficult in large groups.[2] A herd's area can encompass 800 to 1,500 acres (6.1 km2), and spend an average of 54% of the day foraging for food.[citation needed].

Fully mature males will often fight other males by interlocking their horns with the other until one of them admits defeat and gives in. In rare circumstances this can sometimes result in both males being unable to free themselves from the other's horns, usually resulting in the death of both animals. Females may sometimes ward off males by biting them, due to their lack of horns.[2]

Reproduction

Greater kudus reach sexual maturity between 1–3 years of age. The mating season occurs at the end of the rainy season, which can fluctuate slightly according to the region and climate. Before mating, there is a courtship ritual which consists of the male standing in front of the female and often engaging in a neck wrestle. The male then trails the female while issuing a low pitched call until the female allows him to copulate with her. Gestation takes around 240 days (or eight months).[2] Calving generally starts between February and March, when the grass tends to be at its highest.[citation needed]

Offspring and maternal careGreater kudus tend to bear one calf, although occasionally there may be two. To begin with, the calf will wait for the mother to feed it, but later it will become more demanding in its search for milk, and after a few months even aggressive.[2] For the first two weeks of a calf's life they hide where predators cannot find them. For four to five weeks after that they roam with the herd only during day. Males will become self-sufficient at 6 months old. Females become self-sufficient at around 1 to 2 years old.[citation needed] Greater kudus may live up to 20 years of age when kept in captivity.[2]

Human interactionGreater kudus have both benefited and suffered from interaction with humans; they are a target for hunters, possibly due to their habit of stopping to look behind them after bolting for cover, making them an easy target. Humans have also destroyed woodland cover which they use for their habitat. However, wells and irrigation set up by humans has also allowed the greater kudus to occupy territory which would have been too devoid of water for them previously.[2]

The horns of greater kudus are commonly used to make Shofars, a Jewish ritual horn blown at Rosh Hashanah.

Lechwe

The Lechwe, or Southern Lechwe, (Kobus leche) is an antelope found in Botswana, Zambia, south-eastern Democratic Republic of the Congo, north-eastern Namibia, and eastern Angola, especially in the Okavango Delta, Kafue Flats and Bangweulu Swamps.

Lechwe stand 90 to 100 centimetres at the shoulder and weigh from 70 to 120 kilograms. They are golden brown with a white belly. Males are darker in colour, but general hue varies depending on subspecies. The long spiral structured horns are vaguely lyre-shaped, they are found only in males. The hind legs are somewhat longer in proportion than in other antelopes, to ease long-distance running in marshy soil.

Lechwe are found in marshy areas where they eat aquatic plants. They use the knee-deep water as protection from predators. Their legs are covered in a water repelling substance allowing them to run quite fast in knee-deep water.

Lechwe are diurnal. They gather in herds which can include many thousands of individuals. Herds are usually all of one sex but during mating season they mix.

[edit] SubspeciesTraditionally, four subspecies of the Lechwe have been recognized.[2][3] Additionally, the Upemba Lechwe, which only was described in 2005, is treated as a subspecies of the Lechwe by some authorities.[1]

Red Lechwe or Zambesi Lechwe (Kobus l. leche) - most of range. Overall tawny-fawn with black to front of front legs.

Kafue Lechwe or Brown Lechwe (Kobus leche kafuensis) - Kafue Flats. As previous, but front legs almost entirely black. Vulnerable.[4]

Roberts' Lechwe or Kawambwa Lechwe (Kobus leche robertsi) - formerly near Kawambwa. Extinct.[5]

Black Lechwe or Bangweulu Lechwe (Kobus leche smithemani) - Bangweulu Swamps. Adult male blackish. Vulnerable.[6]

Lechwe

Lechwe are diurnal. They gather in herds which can include many thousands of individuals. Herds are usually all of one sex but during mating season they mix.

[edit] Subspecies

Traditionally, four subspecies of the Lechwe have been recognized.[2][3] Additionally, the Upemba Lechwe, which only was described in 2005, is treated as a subspecies of the Lechwe by some authorities.[1]

Red Lechwe or Zambesi Lechwe (Kobus l. leche) - most of range. Overall tawny-fawn with black to front of front legs.

Kafue Lechwe or Brown Lechwe (Kobus leche kafuensis) - Kafue Flats. As previous, but front legs almost entirely black. Vulnerable.

Roberts' Lechwe or Kawambwa Lechwe (Kobus leche robertsi) - formerly near Kawambwa. Extinct.[5]

Black Lechwe or Bangweulu Lechwe (Kobus leche smithemani) - Bangweulu Swamps. Adult male blackish. Vulnerable.

Lion

The lion (Panthera leo) is one of the four big cats in the genus Panthera, and a member of the family Felidae. With some males exceeding 250 kg (550 lb) in weight,[4] it is the second-largest living cat after the tiger. Wild lions currently exist in Sub-Saharan Africa and in Asia with an endangered remnant population in Gir Forest National Park in India, having disappeared from North Africa and Southwest Asia in historic times. Until the late Pleistocene, about 10,000 years ago, the lion was the most widespread large land mammal after humans. They were found in most of Africa, across Eurasia from western Europe to India, and in the Americas from the Yukon to Peru.[5] The lion is a vulnerable species, having seen a possibly irreversible population decline of thirty to fifty percent over the past two decades in its African range.[6] Lion populations are untenable outside designated reserves and national parks. Although the cause of the decline is not fully understood, habitat loss and conflicts with humans are currently the greatest causes of concern.

Lions live for ten to fourteen years in the wild, while in captivity they can live longer than twenty years. In the wild, males seldom live longer than ten years, as injuries sustained from continual fighting with rival males greatly reduce their longevity.[7] They typically inhabit savanna and grassland, although they may take to bush and forest. Lions are unusually social compared to other cats. A pride of lions consists of related females and offspring and a small number of adult males. Groups of female lions typically hunt together, preying mostly on large ungulates. Lions are apex and keystone predators, although they scavenge as opportunity allows. While lions do not typically hunt humans, some have been known to do so.

Highly distinctive, the male lion is easily recognized by its mane, and its face is one of the most widely recognized animal symbols in human culture. Depictions have existed from the Upper Paleolithic period, with carvings and paintings from the Lascaux and Chauvet Caves, through virtually all ancient and medieval cultures where they once occurred. It has been extensively depicted in sculptures, in paintings, on national flags, and in contemporary films and literature. Lions have been kept in menageries since Roman Empire and have been a key species sought for exhibition in zoos the world over since the late eighteenth century. Zoos are cooperating worldwide in breeding programs for the endangered Asiatic subspecies.

EtymologyThe lion's name, similar in many Romance languages, is derived from the Latin leo;[8] and the Ancient Greek λέων (leon).[9] The Hebrew word לָבִיא (lavi) may also be related.[10] It was one of the many species originally described by Linnaeus, who gave it the name Felis leo, in his eighteenth century work, Systema Naturae.[3] The generic component of its scientific designation, Panthera leo, often is presumed to derive from Greek pan- ("all") and ther ("beast"), but this may be a folk etymology. Although it came into English through the classical languages, it shows a striking resemblance to Sanskrit pundarikam "tiger", which in turn may come from pandarah "whitish-yellow".[11]

Taxonomy and evolutionThe lion is a species of the genus Panthera and its closest relatives are the other species of this genus: the tiger, the jaguar, and the leopard. Panthera leo itself evolved in Africa between 1 million and 800,000 years ago, before spreading throughout the Holarctic region.[12] It appeared in Europe for the first time 700,000 years ago with the subspecies Panthera leo fossilis at Isernia in Italy. From this lion derived the later Cave Lion (Panthera leo spelaea), which appeared about 300,000 years ago. During the upper Pleistocene the lion spread to North and South America, and developed into Panthera leo atrox, the American Lion.[13] Lions died out in northern Eurasia and America at the end of the last glaciation, about 10,000 years ago;[14] this may have been secondary to the extinction of Pleistocene megafauna.[15]

SubspeciesTraditionally, twelve recent subspecies of lion were recognized, distinguished by mane appearance, size, and distribution. Because these characteristics are very insignificant and show a high individual variability, most of these forms were probably not true subspecies, especially as they were often based upon zoo material of unknown origin that may have had "striking, but abnormal" morphological characteristics.[16] Today only eight subspecies are usually accepted,[14][17] although one of these (the Cape Lion, formerly described as Panthera leo melanochaita) probably is invalid.[17] Even the remaining seven subspecies might be too many; mitochondrial variation in recent African lions is modest, which suggests that all sub-Saharan lions could be considered a single subspecies, possibly divided in two main clades: one to the west of the Great Rift Valley and the other to the east. Lions from Tsavo in Eastern Kenya are much closer genetically to lions in Transvaal (South Africa), than to those in the Aberdare Range in Western Kenya.[18][19] Conversely, Per Christiansen found that using skull morphology allowed him to identify the subspecies krugeri, nubica, persica, and senegalensis, while there was overlap between bleyenberghi with senegalensis and krugeri. The Asiatic lion persica was the most distinctive, and the Cape lion had characteristics allying it more with persica than the other subsaharan lions. He had analysed 58 lion skulls in three European museums.[20]

RecentEight recent (Holocene) subspecies are recognized today:

P. l. persica, known as the Asiatic Lion or South Asian, Persian, or Indian Lion, once was widespread from Turkey, across Southwest Asia, to Pakistan, India, and even to Bangladesh. However, large prides and daylight activity made them easier to poach than tigers or leopards; now around 300 exist in and near the Gir Forest of India.[21] Genetic evidence suggests its ancestors split from the ancestors of subsaharan African lions between 74 and 203 thousand years ago.[14]

P. l. leo, known as the Barbary Lion, originally ranged from Morocco to Egypt. It is extinct in the wild due to excessive hunting, as the last wild Barbary lion was killed in Morocco in 1922.[22] This was one of the largest of the lion subspecies,[23] with reported lengths of 3–3.3 metres (10–10.8 ft) and weights of more than 200 kilograms (440 lb) for males. It appears to be more closely related to the Asiatic rather than subsaharan lions. There are a number of animals in captivity likely to be Barbary lions,[24] particularly 90 animals descended from the Moroccan Royal collection at Rabat Zoo.[25]

P. l. senegalensis, known as the West African Lion, is found in western Africa, from Senegal to Nigeria.[26]

P. l. azandica, known as the Northeast Congo Lion, is found in the northeastern parts of the Congo.

P. l. nubica, known as the East African, Massai Lion or Tsavo Lion, is found in east Africa, from Ethiopia and Kenya to Tanzania and Mozambique.[26]

P. l. bleyenberghi, known as the Southwest African or Katanga Lion, is found in southwestern Africa, Namibia, Botswana, Angola, Katanga (Zaire), Zambia, and Zimbabwe.[26]

P. l. krugeri, known as the Southeast African Lion or Transvaal Lion, is found in the Transvaal region of southeastern Africa, including Kruger National Park.[26]

P. l. melanochaita, known as the Cape Lion, became extinct in the wild around 1860. Results of mitochondrial DNA research do not support the status as a distinct subspecies. It seems probable that the Cape lion was only the southernmost population of the extant P. l. krugeri.[17]

Pleistocene

Marsh Mongoose

The Marsh Mongoose, or Water Mongoose, is a medium-sized mammal weighing 5.5–9 lb. (2.5–4.1 kg), with a body measuring 18–24" (46–62 cm) and a tail measuring 12–21" (32–53 cm). It is a member of the mongoose family and the only member of its genus. Atilax paludinosus is found throughout sub-Saharan Africa, with a preference for permanent freshwater habitats bordered by dense vegetation, such as marshes, reed beds, and estuary (though sightings have been recorded in hilly areas with little or no aquatic wildlife presence). The Marsh Mongoose is an important member of the community of animals inhabiting the papyrus swamps, where deoxygenated water limits aquatic life to various air breathing fish, frogs, insect larvae, snails, and mammals.

FurThe Marsh Mongoose's dark brown fur (lighter on the undersides), with black-tipped guard hair , is long and coarse on the body and short about the hands and feet. The paws, unwebbed with underdeveloped pads, are soft and sensitive, resembling those of a raccoon, with the thumb passively enhancing grip on slippery surfaces. The claws are short and blunt and used for digging . There is little hair around the anus and on the upper lip. Typically, there are two pairs of mammae. The lower canines are well formed while the premolar teeth are thick and used for crushing hard foods. The thick tail narrows shortly to a point.

[edit] BehaviorThe Marsh Mongoose is a voracious carnivore, consuming any form of meat it can catch, as well as a wide variety of fruit. This mongoose will frequently swim along river banks, its head above the water, patiently and methodically sifting through underwater holes and crevices looking for aquatic animals to eat. An intelligent creature, the Marsh Mongoose has been observed throwing crabs and snails against rocks in order to break open the shells. Some accounts claim that the Marsh Mongoose will sometimes lie very still, its tail up, and that in this position, the pink anal region makes a startling contrast against the dark fur, which induces birds to come near and peck at it; When the birds come near, they are killed and consumed.

The Marsh Mongoose is solitary, spend most living time at night, and crepuscular, though activity has been observed during the day. An excellent swimmer, the Marsh Mongoose nonetheless prefers to keep its head above water, and frequently rests on patches of grass and floating vegetation. Regular in its habits, this mongoose follows smooth and well-defined paths near shorelines and other water bodies, frequently hidden by vegetation. The territories of Marsh Mongooses are rigidly enforced, exclusive, and usually spaced along the waters around which they dwell. When threatened, the Marsh Mongoose emits a low growl, which may explode into loud, barking growling if it is further endangered. If cornered or otherwise seriously frightened, this mongoose may shoot streams of foul, brown fluid from its anal sacs. When excited, the Marsh Mongoose may make a high-pitched cry or an open-mouthed bleat.

[edit] Reproduction

The breeding habits of the Marsh Mongoose are little known. Two litters are produced a year, usually in the dry season and then in the wet season. A hole, near water, with dry grass bedding is usually used for birth, though if a hole is unavailable near water, nests are made of reeds, grass, and sticks. Up to three offspring per litter have been recorded, and the young open their eyes in 9–14 days, with weaning complete at 30–46 days. A second adult may accompany the family. Soon after weaning, the young depart.

[edit] Human interactionsIn some parts of Africa the Marsh Mongoose is kept as a pet, and is considered tame and very clean if raised from a young age. In captivity, this species has been recorded as living up to 17 years.

Meerkat

The meerkat or suricate Suricata suricatta, a small mammal, is a member of the mongoose family. Meerkats live in all parts of the Kalahari Desert in Botswana and in South Africa. A group of meerkats is called a "mob", "gang" or "clan". A meerkat clan often contains about 20 meerkats, but some super-families have 50 or more members. Meerkats have an average life span of 12–14 years.

Ostrich

The Ostrich, (Struthio camelus), is a large flightless bird native to Africa. It is the only living species of its family, Struthionidae and its genus, Struthio. Ostriches share the order Struthioniformes with the kiwis, emus, and other ratites. It is distinctive in its appearance, with a long neck and legs and the ability to run at maximum speeds of about 70 km/h (45 mph), the top land speed of any bird.[3] The Ostrich is the largest living species of bird and lays the largest egg of any living bird (extinct elephant birds of Madagascar and the giant moa of New Zealand laid larger eggs).

The diet of the Ostrich mainly consists of plant matter, though it also eats insects. It lives in nomadic groups which contain between five and fifty birds. When threatened, the Ostrich will either hide itself by lying flat against the ground, or will run away. If cornered, it can attack with a kick from its powerful legs. Mating patterns differ by geographical region, but territorial males fight for a harem of two to seven females. These fights usually last just minutes, but they can easily cause death through slamming their heads into opponents.

The Ostrich is farmed around the world, particularly for its feathers, which are decorative and are also used as feather dusters. Its skin is used for leather products[4] and its meat marketed commercially.[5

SubspeciesFive subspecies are recognized:

S. c. australis in southern Africa, called the Southern Ostrich. It is found south of the Zambezi and Cunene rivers. It was once farmed for its feathers in the Little Karoo area of Cape Province.[20]

S. c. camelus in North Africa, sometimes called the North African Ostrich or Red-necked Ostrich. It is the most widespread subspecies, ranging from Ethiopia and Sudan in the east throughout the Sahel and the Sudan[21] to Senegal and Mauritania in the west, and at least in earlier times north to Egypt and southern Morocco, respectively. It is the largest subspecies, at 2.74 m (9 ft) 154 kilograms (340 lb).[22] The neck is pinkish-red, the plumage of males is black and white, and the plumage of females is grey.[22]

S. c. massaicus in East Africa, sometimes called the Masai Ostrich. It has some small feathers on its head, and its neck and thighs are pink. During the mating season, the male's neck and thighs become brighter. Their range is essentially limited to southern Kenya and eastern Tanzania[21] and Ethiopia and parts of Southern Somalia.[22]

S. c. syriacus in the Middle East, sometimes called the Arabian Ostrich or Middle Eastern Ostrich, was a subspecies formerly very common in the Arabian Peninsula, Syria,[21] and Iraq; it became extinct around 1966.

S. c. molybdophanes in southern Ethiopia, northeastern Kenya, and Somalia,[21] is called the Somali Ostrich. The neck and thighs are grey-blue, and during the mating season, the male's neck and thighs become brighter and bluer. The females are more brown than those of other subspecies.[22] It generally lives in pairs or alone, rather than in flocks. Its range overlaps with S. c. massaicus in northeastern Kenya.[22]

Plains zebra

The Plains zebra (Equus quagga, formerly Equus burchelli), also known as the Common zebra or Burchell's zebra, is the most common and geographically widespread species of zebra.[2] It ranges from the south of Ethiopia through East Africa to as far south as Angola and eastern South Africa. The plains zebra remains common in game reserves, but is threatened by human activities such as hunting for its meat and hide, as well as competition with livestock and encroachment by farming on much of its habitat.

TaxonomyThe Plains zebra and perhaps the mountain zebra belong to the subgenus Hippotigris, but Grévy's zebra is the sole species of subgenus Dolichohippus. The latter resembles an ass (to which it is related), while the former two are more horse-like. All three belong to the genus Equus along with other living equids. Recent phylogenetic evidence suggests that Grevy's zebras (and perhaps also Mountain Zebras) are with asses and donkeys in a separate lineage from the Plains zebra.[3]. In areas where Plains zebras are sympatric with Grévy's zebras, it is not unusual to find them in the same herds[4] and fertile hybrids occur.[5] In captivity, Plains zebras have been crossed with mountain zebras. The hybrid foals lacked a dewlap and resembled the plains zebra apart from their larger ears and their hindquarters pattern.

[edit] Subspecies

In 2004, C.P. Groves and C.H. Bell investigated the taxonomy of the zebra genus, Equus, subgenus Hippotigris. They published their research in Mammalian Biology. They revised the subspecies of the plains zebra Equus quagga. Six subspecies are now recognizable. The completely maneless Somali population may represent a seventh subspecies: Equus quagga isabella (Ziccardi, 1958). This subspecies may be valid, but at present there is no evidence that it is.

Quagga, †Equus quagga quagga – Boddaert, 1785

Burchell's zebra, Equus quagga burchellii – Gray, 1824

Grant's zebra, Equus quagga boehmi – Matschie, 1892

Selous' Zebra, Equus quagga borensis – Lönnberg, 1921

Chapman's zebra, Equus quagga chapmani – Layard, 1865

Crawshay's Zebra, Equus quagga crawshayi – De Winton, 1896

The quagga was originally classified as an individual species, Equus quagga, in 1778. Over the next 50 years or so, many other zebras were described by naturalists and explorers. Because of the great variation in coat patterns (no two zebras are alike), taxonomists were left with a great number of described "species", and no easy way to tell which of these were true species, which were subspecies, and they were simply natural variants. The quagga was the first extinct creature to have its DNA studied. Recent genetic research at the Smithsonian Institution has demonstrated that the quagga was in fact not a separate species at all, but diverged from the plains zebra, between 120,000 and 290,000 years ago, and suggests that it should be named Equus burchelli quagga. However, according to the rules of biological nomenclature, where there are two or more alternative names for a single species, the name first used takes priority. As the quagga was described about thirty years earlier than the Burchell's zebra, it appears that the correct terms are E. quagga quagga for the quagga and E. quagga burchelli for the plains zebra, unless "Equus burchelli" is officially declared to be a nomen conservandum.

The Burchell's zebra was thought to have been hunted to extinction. However Groves and Bell concluded in their 2004 publication that "the extinct true Burchell's zebra" is a phantom. Careful study of the original zebra populations in Zululand and Swaziland, and of skins harvested on game farms in Zululand and Natal, has revealed that a certain small proportion shows similarity to what now is regarded as typical "burchellii". The type localities of the subspecies Equus quagga burchellii and Equus quagga antiquorum (Damara zebra) are so close to each other that the two are in fact one, and that therefore the older of the two names should take precedence over the younger. They therefore say that the correct name for the southernmost subspecies must be burchellii not antiquorum. The subspecies Equus quagga burchellii still exists in KwaZulu-Natal and in Etosha.

[edit] Physical description

The plains zebra is mid-sized and thick bodied with relatively short legs. Adults of both sexes stand about 1.4 meters (4.6 ft) high at the shoulder, are approximately 2.3 meters (8 ft) long, and weigh around 220–322 kg (484–708 lb). Males may weigh 10% more than females.

Like all zebras, they are boldly striped in black and white, and no two individuals look exactly alike. They also have black or dark muzzles. The natal coat of a foal is brown and white. All have vertical stripes on the forepart of the body, which tend towards the horizontal on the hindquarters. The northern populations have narrower and more defined striping;[6][7] southern populations have varied but lesser amounts of striping on the underparts, the legs and the hindquarters.[6] Southern populations also have brown "shadow" stripes between the black and white coloring.[6][7] These are absent or poorly expressed in northern zebras.[6][7]

An experiment was done at the Knoxville Zoo where a zebra was shaved. The underlying skin was black, not the previously thought white. The first subspecies to be described, the now-extinct quagga, had plain brown hindquarters. (Technically, because the quagga was described first as E. quagga, the proper zoological name for the most common form of the plains zebra is E. quagga burchelli.) There have been various mutations of the zebra's pelage from mostly white to mostly black.[8] Rare albino zebras have been recorded in the forests of Mount Kenya.[9]

[edit] Ecology

Range and habitat

The Plains zebra's range stops short of the Sahara from southern Sudan and southern Ethiopia extending south along eastern Africa, as far as Zambia, Mozambique, and Malawi, before spreading into most southern African countries. They are regionally extinct in Burundi and Lesotho, and they may have lived in Algeria in the Neolithic Era.[10]

Plains zebras generally live in treeless grasslands and savanna woodlands[7] but can be found in a variety of habitats, both tropical and temperate. However they are generally absent from deserts, dense rainforests and permanent wetlands.[7] Zebras also live in elevations from sea level to 4,300 m on Mount Kenya. They rely on rainfall for food and water, and go on great migrations to follow the rains. The zebras will migrate up to 700 miles (1,100 km) for food. Other grazers also migrate. Plains zebras are highly water-dependent[4] and are usually found within 25–30 kilometers of a water source.

[edit] Diet and predation

Zebras grazing with wildebeest in the Ngorongoro CraterIn one study, the zebra's diet was estimated to be 92% grass, 5% herbs, and 2% shrubs.[11] Unlike many of the large ungulates of Africa, the plains zebra does not require (but still prefers) short grass to graze. It eats a wide range of different grasses, preferring young, fresh growth where available, and also browses on leaves and shoots from time to time. In consequence, it ranges more widely than many other species, even into woodlands, and it is often the first grazing species to appear in a well-vegetated area.[4] A zebras have a single stomach and use hind-gut fermentation which allows them to digest and assimilate larger amounts of forage during a 24-hour period.[12] Thus, zebra are less picky in foraging, but they do spend much time eating. The zebra is a pioneer grazer and prepares the way for more specialized grazers like blue wildebeests and Thomson's gazelles[4] who depend on short and more nutritional grasses.

The plains zebra's major predators are lions and spotted hyenas.[6] Nile crocodiles are also great threats during river crossings. Wild dogs, cheetahs, and leopards also prey on zebras, although the threats they pose are generally minor. Hyenas, dogs, cheetahs, and leopards mostly attack zebra foals.

Porcupine

Porcupines are rodents with a coat of sharp spines, or quills, that defend them from predators. They are indigenous to the Americas, southern Asia, and Africa. Porcupines are the third largest of the rodents, behind the capybara and the beaver. Most porcupines are about 25–36 in (63–91 cm) long, with an 8–10 in (20–25 cm) long tail. Weighing between 12–35 lb (5.4–16 kg), they are rounded, large and slow. Porcupines come in various shades of brown, grey, and the unusual white. Porcupines' spiny protection resembles that of the unrelated erinaceomorph hedgehogs and monotreme echidnas.

The common porcupine is an herbivore. It eats leaves, herbs, twigs and green plants like skunk cabbage and clover and in the winter it may eat bark. It often climbs trees to find food. It is mostly nocturnal, but will sometimes forage for food in the day. Porcupines have become a pest in Kenya and are eaten as a delicacy.[1]

The name porcupine comes from Middle French porc espin (spined pig).[2] A regional American name for the animal is quill pig.[3]

A porcupine is any of 29 species of rodent belonging to the families Erethizontidae (genera: Coendou, Sphiggurus, Erethizon, Echinoprocta, and Chaetomys) or Hystricidae (genera: Atherurus, Hystrix, and Trichys). Porcupines vary in size considerably: Rothschild's Porcupine of South America weighs less than a kilogram (2.2 lb (1.00 kg)); the Crested porcupine found in Italy, Sicily, North Africa and sub-Saharan Africa can grow to well over 10 kg (22 lb). The two families of porcupines are quite different, and, although both belong to the Hystricognathi branch of the vast order Rodentia, they are not closely related.

The eleven Old World porcupines tend to be fairly big, and have spikes that are grouped in clusters.

The two New World porcupines are mostly smaller (although the North American Porcupine reaches about 85 cm/33 in in length and 18 kg/40 lb), have their quills attached singly rather than grouped in clusters, and are excellent climbers, spending much of their time in trees. The New World porcupines evolved their spines independently (through convergent evolution) and are more closely related to several other families of rodent than they are to the Old World porcupines. Porcupines have a relatively high longevity and had held the record for being the longest-living rodent,[4] which was recently broken by the Naked Mole Rat (Heterocephalus glaber).[5]

Quills

Porcupines' quills, or spines, take on various forms, depending on the species, but all are modified hairs coated with thick plates of keratin, and they are embedded in the skin musculature. Old World porcupines (Hystricidae) have quills embedded in clusters, whereas in New World porcupines (Erethizontidae), single quills are interspersed with bristles, underfur, and hair.

Quills are released by contact with them, or they may drop out when the porcupine shakes its body, but cannot be projected at attackers. New quills grow to replace lost ones. From ancient times, it was believed that porcupines could throw their quills at an enemy, but this has long been refuted.[6][7]

Habitat

Porcupines occupy a short range of habitats in tropical and temperate parts of Asia, Southern Europe, Africa, and North and South America. Porcupines live in forests, deserts, rocky outcrops, hillsides and grasssides. Some New World porcupines live in trees, but Old World porcupines stay on the rocks. Porcupines can be found on rocky areas up to 3,700 m (12,100 ft) high. Porcupines are generally nocturnal but are occasionally active during daylight.

Salt licksPorcupines in search of salt sometimes encroach on human habitats, eating plywood cured with sodium nitrate,[8] certain paints, tool handles, doors, tables, houses, footwear, clothes and other items that have been coated in salty sweat. Porcupines are attracted to roads in areas where rock salt is used to melt ice and snow and are known to gnaw on vehicle tires or wiring coated in road salt. Salt licks placed nearby can prevent porcupines from injuring themselves.

Natural sources of salt consumed by porcupines include varieties of salt-rich plants (such as yellow water lily and aquatic liverwort), fresh animal bones, outer tree bark, mud in salt-rich soils, and objects imbued with urine.[9]

Classification

Order Rodentia

Suborder Hystricomorpha

Infraorder Hystricognathi

Family Hystricidae: Old World porcupines

African Brush-tailed Porcupine, Atherurus africanus

Asiatic Brush-tailed Porcupine, Atherurus macrourus

Crested Porcupine, Hystrix cristata

Cape Porcupine, Hystrix africaeaustralis

Indian Porcupine, Hystrix indicus

Malayan Porcupine, Hystrix brachyura

Himalayan Porcupine, Hystrix (brachyura) hodgsoni

Sunda Porcupine, Hystrix javanica

Sumatran Porcupine, Hystrix (Thecurus) sumatrae

Bornean Porcupine, Hystric (Thecurus) crassispinis

Philippine Porcupine, Hystrix (Thecurus) pumilis

Long-tailed Porcupine, Trichys fasciculata

Family Thryonomyidae: cane rats

Family Petromuridae: Dassie Rat

Family Bathyergidae: African mole-rats

Family Hydrochaeridae: capybara

Family Caviidae: cavies

Family Dasyproctidae: agoutis and acouchis

Family Erethizontidae: New World porcupines

Brazilian Porcupine, Coendou prehensilis

Bicolor-spined Porcupine, Coendou bicolor

Andean Porcupine, Coendou quichua

Black Dwarf (Koopman's) Porcupine, Coendou nycthemera (koopmani)

Rothschild's Porcupine, Coendou rothschildi

Santa Marta Porcupine, Coendou sanctemartae

Mexican Tree Porcupine, Sphiggurus mexicanus

South American Tree Porcupine, Sphiggurus spinosus

Bahia Hairy Dwarf Porcupine, Sphiggurus insidiosus

Brown Hairy Dwarf Porcupine, Sphiggurus vestitus

Orange-spined Hairy Dwarf Porcupine, Sphiggurus villosus

Streaked Dwarf Porcupine, Sphiggurus ichillus

Black-tailed Hairy Dwarf Porcupine, Sphiggurus melanurus

Roosmalen's Dwarf Porcupine, Sphiggurus roosmalenorum

Frosted Hairy Dwarf Porcupine, Sphiggurus pruinosus

North American Porcupine, Erethizon dorsatum

Stump-tailed Porcupine, Echinoprocta rufescens

Bristle-spined Porcupine, Chaetomys subspinosus (sometimes considered an echymid)

Family Chinchillidae: chinchillas and allies

Family Ctenomyidae: tuco-tucos

Family Myocastoridae: Coypu

Family Octodontidae: octodonts

Family Ctenodactylidae: gundis

Red Hartebeest

The Red Hartebeest (Alcelaphus caama) is a species[3] of even-toed ungulate in the Bovidae family. It is found in Southern Africa. There are more than 130,000 individuals left. The Red Hartebeest is closely related to the Tsessebe and the Topi.

Red rock hare

The red rock hares are the three species in the genus Pronolagus.[1] They are African lagomorphs of the family Leporidae.

The genus contains the following species:

Natal Red Rock Hare, Pronolagus crassicaudatus

Jameson's Red Rock Hare, Pronolagus randensis

Smith's Red Rock Hare, Pronolagus rupestris

Hewitt's Red Rock Hare, Pronolagus saundersiae (formely was included in Pronolagus rupestris)

Sable Antelope

The Sable Antelope (Hippotragus niger) is an antelope which inhabits wooded savannah in East Africa south of Kenya, and in Southern Africa.

SubspeciesThere are four subspecies:

H. n. niger which is considered low risk conservation dependent

H. n. variani (Giant Sable Antelope) of central Angola which is classified as critically endangered

H. n. kirkii (Zambian Sable Antelope) of central Angola and western Zambia and is classified as vulnerable

H. n. roosevelti the Roosevelt sable antelope found in Kenya and Tanzania and possibly in Mozambique.

[edit] DescriptionThe Sable Antelope stands 120 to 140 centimetres at the shoulder and weigh 200 to 270 kilograms, males being larger than females. Female Sable Antelope are chestnut to dark brown darkening as they mature while males are very distinctively black. Both sexes have a white underbelly, white cheeks and a white chin. They have a shaggy mane on the back of their neck. Sable antelope have ringed horns which arch backward, in females these can reach a meter, but in males they can reach over one and a tenth meter. The life span of these animals is up to 18 years.

[edit] Ecology and behaviorSable Antelope live in savanna woodlands and grasslands during the dry season where they eat mid-length grass and leaves. They are diurnal but are less active during the heat of the day. Sable Antelope form herds of ten to thirty females and calves led by a single male, called a bull. Sable Antelope males will fight among themselves; they drop to their knees and use their horns.

In each herd, the juvenile males are exiled from the herd at about 3 years old. All of the female calves remain, however. When the herd gets too large, it divides into smaller groups of cows and their young. These groups will form new herds, once again with only one adult bull. The young males, which have been separated from the herd, associate in "bachelor groups" of up to 12 individuals. Among the bachelors, the most dominant will be the first individual to join a new group of females when the position is open. Very seldom, during their fights for supremacy, are they able to inflict bodily harm to the contender.

When sable antelopes are threatened by a predator, including lions, they will confront it, using their scimitar-shaped horns. Many of these big cats have died during such fights. Despite their effectiveness, the sable's horns have contributed to the sharp decline of the animal, being a highly prized hunting trophy. In addition to heavy hunting, numbers have been reduced severely as part of regional Tse-tse fly control programs.

The grassland habitat of the sable is being reduced due to habitat destruction for agricultural development. Antelope are important to their habitats as grazers and browsers. They are also important as prey for carnivores.

Scrub Hare

The Scrub Hare, Lepus saxatilis, is a species of hare found in South Africa, parts of central Africa, and Namibia. It is found at about 1 - 2 km above sea level. Its dorsal fur is gray and black, while its ventral fur is white. It has a black and white tail, while it has lighter fur around its face. Its length varies from 45 cm to 65 cm, while it weighs 1.5 - 4.5 kg. Females are typically larger than males. The average mass at birth is 115 grams. Parental care is low and for a very short time. Hares in captivity have been known to survive for six to seven years, while those in the wild usually do not make it past their first year. It attempts to escape predators by remaining motionless until the last moment, then attempts to run in a zigzag pattern. It is often infested with lice and fleas.

Serval

The serval (pronounced /ˈsɜrvəl/), Leptailurus serval, is a medium-sized African wild cat. Modern molecular DNA analysis indicates that servals maintain their own unique lineage descending from the same Felid ancestor as the lion, and though the serval shares common traits with the cheetah, it is the cheetah which is thought to have descended from ancient servals. Similar DNA studies have shown the African golden cat and the caracal are closely related to the serval.

Side-striped Jackal

The Side-striped Jackal (Canis adustus) is a species of jackal, native to central and southern Africa.[1][2] Unlike its cousin, the smaller Black-backed Jackal, which dwells in open plains, the Side-striped Jackal primarily dwells in woodland and scrub areas.[3]

Description

The Side-striped Jackal is a medium-sized canid, which tends to be slightly larger than the Black-backed Jackal. Its pelt is coloured buff-grey. The back is darker grey than the underside, and the tail is black with a white tip. Indistinct white stripes are present on the flanks, running from elbow to hip. The boldness of the markings varies between individuals, with those of adults being better defined than those of juveniles.[3]

The Side-striped Jackal's skull is similar to that of the Black-backed Jackal's, but is flatter, with a longer and narrower rostrum. Its Sagittal crest and zygomatic arches are also lighter in build. Due to its longer rostrum, its third upper premolar lies almost in line with the others, rather than at an angle. Its dentition is well suited to an omnivorous diet. The long, curved canines have a sharp ridge on the posterior surface, and the outer incisors are canine-like. Its carnassials are smaller than those of the more carnivorous black-backed jackal. Females have four inguinal teats.[3] The Side-striped Jackal's dental formula is:[3]

Dietary habits

The Side-striped Jackal tends to be less carnivorous than other jackal species, and is a highly adaptable omnivore whose dietary preferences change in accordance to seasonal and local variation. It tends to forage solitarily, though family groups of up to twelve jackals have been observed to feed together in western Zimbabwe. In the wild, it feeds largely on invertebrates during the wet season and small mammals such as the Springhare in the dry months. It frequently scavenges from campsites and the kills of larger predators. In the wild, fruit is taken exclusively in season, while in ruralised areas, it can account for 30% of their dietary intake. The Side-striped Jackal tends to be comparatively less threatening to game and livestock when compared to other jackal species. It typically does not target game exceeding the size of neonatal antelopes, and one specimen was recorded to have entered a duck's pen in order to eat their feed, whilst ignoring the birds themselves.[3]

[edit] Social behaviour and reproduction

The Side-striped Jackal lives both solitarily and in family groups of up to seven individuals. The family unit is dominated by a breeding pair, which remains monogamous for a number of years.[3]

The breeding season for this species depends on where they live; in southern Africa breeding starts in June and ends in November. The Side-striped Jackal has a gestation period of 57 to 70 days with average litter of 3 to 6 young. The young reach sexual maturity at 6 to 8 months old and typically begin to leave when 11 months old. The Side-striped Jackal is among the few mammal species that mate for life, forming monogamous pairs.

[edit] Subspecies

There are six recognized subspecies of this jackal:[4] [1]

Canis adustus adustus (Western Africa)

Canis adustus bweha (Eastern Africa, Kisumu, Kenya)

Canis adustus grayi (Morocco and Tunis)

Canis adustus kaffensis (Kaffa, southwestern Ethiopia)

Canis adustus lateralis (Kenya, Uasin Gishu Plateau, south of Gabon)

Canis adustus notatus (Loita Plains, Kenya)

Silver-backed Fox

The Cape Fox (Vulpes chama), also called the Cama Fox or the Silver-backed Fox, is a small fox.

It has black or silver gray fur with flanks and underside in light yellow. The tip of its tail is always black.

Habitat

Behavior

Food

Reproduction

Conservation

Sirenia

Sirenia (commonly referred to as sea cows) is an order of fully aquatic, herbivorous mammals that inhabit swamps, rivers, estuaries, marine wetlands, and coastal marine waters. Four species are living, in two families and genera. These are the dugong (1 species) and manatees (3 species). Sirenia also includes Steller's sea cow, extinct since the 18th century, and a number of taxa known only from fossils. The order evolved during the Eocene, more than 50 million years ago.

Sirenia, commonly sirenians, are also referred to by the common name sirens, deriving from the sirens of Greek mythology. This comes from a legend about their discovery, involving lonely sailors mistaking them for mermaids.

DescriptionSirenians have major aquatic adaptations: forelimbs have modified into arms used for steering, the tail has modified into a paddle used for propulsion, and the hind limbs (legs) are but two small remnant bones floating deep in the muscle. They appear fat, but are fusiform, hydrodynamic, and highly muscular. Their skulls are highly modified for taking breaths of air at the water's surface and dentition is greatly reduced. The skeletal bones of both the manatee and dugong are very dense which helps to neutralize the buoyancy of their blubber. The manatee appears to have an almost unlimited ability to produce new teeth as the anterior teeth wear down. They have only two teats, located under their forelimbs, similar to elephants. The elephants are thought to be the closest living relative of the sirenians.

The lungs of sirenians are unlobed. In sirenians, the lungs and diaphragm extend the entire length of the vertebral column. These adaptations help sirenians control their buoyancy and maintain their horizontal position in the water.

Living sirenians grow between 2.5–4 metres long and can weigh up to 1500 kg. Hydrodamalis gigas, Steller's sea cow, could reach lengths of 8 metres.

The three manatee species (family Trichechidae) and the dugong (family Dugongidae) are endangered species. All four living species are vulnerable to extinction from habitat loss and other negative impacts related to human population growth and coastal development. Steller's Sea Cow, extinct since 1786, has been hunted into extinction by humans. Manatees and the dugong are the only marine mammals classified as herbivores. Unlike the other marine mammals (dolphins, whales, seals, sea lions, sea otters, and walruses), sirenians eat primarily sea-grasses and other aquatic vegetation and have an extremely low metabolism and poor tolerance for especially cold water. Sirenians have been observed eating dead animals (sea gulls), but their diet is made up primarily of vegetation. Like dolphins and whales, manatees and the dugong are totally aquatic mammals that never leave the water — not even to give birth. These animals have been observed eating grass clippings from homes adjacent to water ways, but in this rare occurrence, only the top portion of the sirenian is lifted out of the water. The combination of these factors means that sirenians are restricted to warm shallow coastal waters, estuaries, and rivers with healthy ecosystems that support large amounts of seagrass and/or other vegetation.

The Trichechidae species differ from the Dugongidae in the shape of the skull and the shape of the tail.

ClassificationSee also: Evolution of sirenians and Paenungulata

The order Sirenia has been placed in the clade Paenungulata, within Afrotheria, grouping it with two other orders of living mammals: Proboscidea, the elephant families, and Hyracoidea, the hyraxes, and two extinct orders, Embrithopoda and Desmostylia.

SubdivisionORDER SIRENIA

Genus †Ishatherium

†Ishatherium subathuensis

Family †Prorastomidae

Genus †Pezosiren

†Pezosiren portelli

Genus †Prorastomus

†Prorastomus sirenoides

Family †Protosirenidae

Genus †Protosiren

†Protosiren minima

†Protosiren sattaensis

†Protosiren fraasi

†Protosiren smithae

Family Dugongidae

Genus †Nanosiren

†Nanosiren garciae

†Nanosiren sanchezi

Genus †Sirenotherium

†Sirenotherium pirabense

Subfamily Dugonginae

Genus Dugong

Dugong dugon, Dugong

Subfamily †Hydrodamalinae

Genus †Dusisiren

†Dusisiren dewana

†Dusisiren jordani

†Dusisiren takasatensis

Genus †Hydrodamalis

†Hydrodamalis cuestae

†Hydrodamalis gigas, Steller's Sea Cow

Family Trichechidae

Subfamily †Miosireninae

Genus †Anomotherium

†Anomotherium langewieschei

Genus †Miosiren

†Miosiren canhami

†Miosiren kocki

Subfamily Trichechinae

Genus †Potamosiren

†Potamosiren magdalenensis

Genus Trichechus

Trichechus manatus, West Indian Manatee

Trichechus manatus manatus, Antillean Manatee

Trichechus manatus latirostris, Florida Manatee

Trichechus senegalensis, African Manatee

Trichechus inunguis, Amazonian Manatee

Trichechus "pygmaeus", Dwarf Manatee – validity questionable

Genus †Ribodon

†Ribodon limbatus

† extinct

Sitatunga

The sitatunga or marshbuck (Tragelaphus spekii) is a swamp-dwelling antelope found throughout Central Africa, centering on the Democratic Republic of the Congo, Cameroon and parts of Southern Sudan as well as in Botswana, Zambia, Gabon, Tanzania, Uganda and Kenya.

South African Fur Seal

The Brown Fur Seal (Arctocephalus pusillus), also known as the Cape Fur Seal, South African Fur Seal and the Australian Fur Seal) is a species of fur seal.

Physical description

Distribution and habitat

Foraging

Predators

In False Bay, the seals employ a number of anti-predatory strategies while in shark-infested waters such as:

Swimming in large groups

Low porpoising to increase sub-surface vigilance

Darting in different directions to cause confusion when attacked

It rides near the dorsal fin to keep out of reach of the shark's jaws when attacked.

Human interactions

South African fur seals have a very robust and healthy population. Harvesting of seals was outlawed in South Africa in 1990.

Spotted Hyena

The spotted hyena (Crocuta crocuta) also known as laughing hyena, is a carnivorous mammal of the family Hyaenidae, of which it is the largest extant member. Though the species' prehistoric range included Eurasia extending from Atlantic Europe to China,[3] it now only occurs in all of Africa south of the Sahara save for the Congo Basin.[4] Spotted hyenas live in large matriarchal communities called clans, which can consist of up to 80 individuals.[2]

Though often mislabeled as cowardly scavengers, spotted hyenas derive the majority of their nourishment by hunting medium sized ungulates,[2] and frequently clash with lions over food and territory.[5] They are highly intelligent among the carnivora, with studies indicating that their social intelligence is on par with some primate species.[6][7]

The spotted hyena features prominently in African mythology and folklore, where its portrayal varies from being a bringer of light, to a symbol of immorality and depravity.[8]

Evolution

It is thought that the ancestors of the spotted hyena branched off from the true hyenas (striped and brown hyenas) during the Pliocene era, 5.332 million to 1.806 million years ago. Ancestral spotted hyenas probably developed social behaviours in response to increased pressure from rivals on carcasses, thus forcing them to operate in teams. Spotted hyenas evolved sharp carnassials behind their crushing premolars, therefore they did not need to wait for their prey to die, as is the case for brown and striped hyenas, and thus became pack hunters as well as scavengers. They began forming increasingly larger territories, necessitated by the fact that their prey was often migratory, and long chases in a small territory would have caused them to encroach into another clan's turf.[9] The evolution of pack behaviour in hyenas likely influenced the ancestors of lions into first forming prides, in order to better defend their kills.[10][11] According to the fossil record, the species first evolved in the Indian Subcontinent. Spotted hyenas colonized the Middle East, Africa and the Ice Age plains of Eurasia extending from Atlantic Europe to China where a large subspecies known as C. c. spelaea or "cave hyena" developed as a response to the cold climate.[3] Naturalists and paleontologists originally assumed that the cave hyena was a separate species from the spotted hyena, due to large differences in fore and hind extremities. This was first put into question by Björn Kurtén, who stated “[...] there is evidence that this European population was continuous with southern, typical representatives of the nominate subspecies”. This was corroborated by genetic analysis' in 2004, showing no differences in DNA between the two populations.[12] With the decline of grasslands 12,500 years ago, Europe experienced a massive loss of lowland habitats favoured by cave hyenas, and a corresponding increase in mixed woodlands. Cave hyenas, under these circumstances, would have been outcompeted by wolves and humans which were as much at home in forests as in open lands, and in highlands as in lowlands. Cave hyena populations began to shrink after roughly 20,000 years ago, completely disappearing from Western Europe between 14–11,000 years ago, and earlier in some areas.[13] The spotted hyena only vanished from the Middle East in the early Holocene around 8000 years ago, and was replaced in this region by the striped hyena. Since then, it has been confined to Sub-Saharian Africa.[3]

[edit] History, systematics and naming

It is thought that the spotted hyena conforms to the chaus described by Pliny the Elder, which was later described by Linnaeus as being part of the cat tribe. It is also thought to be the Crocotta of Strabo, which he thought to be a wolf-dog hybrid.[14] Sculptured representations indicate that the species was rarely encountered by the Ancient Egyptians, who considered them exotic enough to include them in their menageries of foreign animals and to exclude them from their sacred animals.[14] Certain scholars interpret Aristotle's inaccurate description of striped hyenas as being hermaphroditic animals as being a confusion between the striped and spotted species.[15]

[edit] SystematicsIn his 12th-edition of Systema Naturæ, Linnaeus placed hyenas into the genus Canis, between wolves and foxes. Brisson had already given the form a generic distinction under the name Hyæna. In his own edition of Linnaeus' Systema Naturæ, Johann Friedrich Gmelin gave the spotted species the binomial name Canis crocuta, though Thomas Pennant had previously described it under the title of Hyæna, and placed it under the category of "Spotted Hyænas". Georges Cuvier made Hyænas into the last subdivision of digitigrades, following viverrids and preceding felids.[15] Cuvier was convinced that there were at least two different species of spotted hyena, based on regional differences in coat colours. However, subsequent naturalists did not accept this, for although they noted coat variations, there were no other differences to fully warrant classing them as different species.[16] John Edward Gray later brought the spotted hyena under the Felidae, placing it within a category including other hyenas and the aardwolf. M. Lesson arranged the hyænids under his third section of digitigrades, a section consisting of animals lacking a small tooth behind the lower molar. The spotted hyena was placed between aardwolves and cats, and was termed Hyæna capensis.[15]

[edit] Local and indigenous namesSeveral languages of Africa lack species specific names for hyenas: for example, the spotted and striped species have identical names in Dioula, Swahili, Malinké, Mòoré, Ngambaye, Oulof and Fula. In other languages, other species may simply be termed "small spotted hyena", such as in Swahili, where the spotted hyena is termed fisi and the Aardwolf fisi ndogo.[17]

Afrendille: Walaba[18] Afrikaans: Gevlekte hiëna[19] Amharinja: Djibb[19] Arabic (CAR) and Arabic (Chad): Marfaïn[19] Arabic (North Africa):D'ba[19] Arabi (Ethiopia): Dibb Ateso: Ibuin[18] Avukaia: Labagu[19] Babouté: Mangou[19] Baguirmien: Niougo[19] Baka: Libagu[19] Bakola: Mazzobé[19] Bambara: Namakoro, suruku[19] Banda: Bongo[19] Bechuana: Piri, phiri[19] Bemba (Zambia): Chimbwi[19] Bornouan: Boultou[19] Creole: Lobo[19] Danakil: Jangóula[19] Dioula: Suruku, namakoro[19] Elkoni: Makatiet nyenegea[18] English: Spotted hyena, Tiger wolf, Wolf of the Cape colonists[16] French: Hyène tachetée[19] Fula (Fulfulde/Pulaar/Pular): Bonooru, fowru, deppuru[19] Galaorabéjsa: Wårabéssa, orabéjsa[19] Gambe: Mangili[19] German: Tüpfelhyäne, Fleckenhyäne[19] Gouragi: Woraba[19] Gourmatche: Namlino[19] Harari: Worábba[19] Hassānīya Arabic: Guervave[19] Haussa: Koura[19] Herero: Mbúngu-mbidíwa[19] Ila (Zambia): Kabwenga[19] Jita: Imembe[19] Kalenjin: Kimatet[18] Kaonde: Mungolwe[19] Karamojong: Ebu, Etutui[18] Kichagga: Ingurunju, ifulu[19] Kigogo and kikongo: Misi[18][19] Kikamba and Kisukuma: Mbiti[19] Kikondo: Mbulu[19] Kiliangulu: Warabes[18] Kiluba: Kimburi[19] Kimeru: Mbitingaau[19] Rwanda: Impysi[19] Kinyaturo: Mpiti[18] Kinyiha: Ipatama[19] Kipare and Kizigua: Ibau[18] Kirangi: Mbichi[19] Kisungwa: Fifi[19] Koniagui: Iriguni[19] Kota: Massoba[19] Kotoko: Machi[19] Kunda: Tika[19] Jita: Imembe[18] Kikuyu: Hiti[18] Kimeru: Mbitingaau[18] Kinyiha: Impatama[18] Kirangi: Mbichi[18] Kisukuma, Kikamba and Kimaragoli: Mbiti[18] Kisungwa: Fifi[18] Swahili: Fisi, Nyangao[18] Kitaita: Mbisi[18] Ganda and Runyoro: Empisi[18] Lugbara: Rara[18] Luhya: Namunyu[18] Luo: Otoyo[18] Lwo: Lagwara[18] Madi: Ebowu[18] Masai: Ondilili, Oln'gojine[18] Sebei: Mangatiet[18]

[edit] Physical description

Spotted hyenas are the largest of extant hyenas. Their hair is shorter than those of striped hyenas, and their manes less full.[20] Spotted hyenas have powerful forequarters and necks which rival those of leopards,[21] though comparatively small hindquarters. The rump is rounded rather than angular, which prevents attackers chasing from behind getting a firm grip on it.[22] Female spotted hyenas are considerably larger than males, weighing 12% more.[9] Adults measure 95.0—165.8 cm in body length, and have a shoulder height of 70.0–91.5 cm.[18] Adult male spotted hyenas in the Serengeti weigh 40.5—55.0 kg (89—121 lb), while females weigh 44.5—63.9 kg (98—141 lb). Spotted hyenas in Zambia tend to be heavier, with males weighing on average 67.6 kg (149 lb), and females 69.2 kg (153 lb).[22] Macdonald (1992) gives a maximum weight of 81.7 kg (180 lb),[9] while Kingdon (1977) gives one of 86 kg (190 lb).[18] The skulls of Zambian hyenas are also 7% longer and wider than those of Serengeti populations.[22] It has been estimated that adult members of the now extinct Eurasian populations weighed 102 kg (225 lbs).[23]

Their dentition is more dual purposed than that of other modern hyena species, which are mostly scavengers: the upper and lower third premolars are conical bone-crushers, with a third bone-holding cone jutting from the lower fourth premolar. Spotted hyenas also have carnassials behind their bone-crushing premolars, the position of which allows hyenas to crush bone with their premolars without blunting their carnassials.[9] The carnassials themselves are proportionately larger than those of other carnivorous mammals.[24] Although they possess disproportionately large teeth to counteract wear, three year old spotted hyenas have teeth as worn as those of six year old lions.[9] Combined with large jaw muscles and a special vaulting to protect the skull against large forces, these characteristics give spotted hyenas a powerful bite which can exert a pressure of 800 kgf/cm2 (11,400 lbf/in²),[9] which is 40% more force than a leopard can generate.[25] An experiment conducted by Savage (1955) demonstrated how the jaws of spotted hyenas outmatch those of brown bears in bonecrushing ability,[26] and free ranging hyenas have been observed to crack open the long bones of giraffes measuring 7 cm in diameter.[27] Although once thought to have the most powerful jaws among extant carnivorous mammals, other animals such as the Tasmanian Devil have been proven to have even stronger bites.[28]

With the exception of size, there is little sexual dimorphism in spotted hyenas. The external genitalia of females closely resemble those of males: the 15 cm (6 inch)[9] clitoris is similar in shape and position to a penis, and is capable of erection.[22] The only visible difference between the penis of male spotted hyenas and the clitoris of females is that the latter's organ has a blunter tip.[9] The labia are fused together into a pair of fibrous sacs resembling a scrotum. Typically, when observing sexually mature animals, naturalists use the presence of nipples as an indicator of gender when observing spotted hyenas at a distance.[22] Females have two nipples and rarely four.[29] The colour and spotting of the coat varies with age and individual. The number of spots tends to decrease with age.[22]

Although there are no different extant subspecies, spotted hyenas do display a degree of regional variation, particularly in their southern range, where they tend to be darker and browner in colour, particularly on the back and legs. Due to this darker hue, the spots of southern spotted hyenas are less defined and angular than their cousins on the West Coast. Also, the fur is longer in the South African form, particularly around the ears.[16] Specimens from the former cameroons, the Epukiro district of former German West Africa and northern and western Togo have proportionately longer tails than average. The spots of Cameroon spotted hyenas are greatly elongated in the hind region, with the main spots being almost streaks.[30]

Spotted hyenas have powerful night vision, which allows them to recognise each other in complete darkness, even if they are downwind.[31]

[edit] BehaviorSpotted hyenas will rest and give birth in dens, which they rarely dig themselves: they will often use the abandoned lairs of warthogs, springhares and jackals. A single den can house several females and dozens of cubs at once.[29] Unlike grey wolves, it is not uncommon for spotted hyenas to accommodate cubs of different litters in one den.[32] Spotted hyenas will sometimes live in close proximity to warthogs, sharing mud holes and sleeping within a few metres of each other.[33] Spotted hyenas may sleep in the open if the weather is not too hot, but otherwise they will rest near lakes, streams or in mud or dense shrubs.[34] Unlike most social carnivores, spotted hyenas still display some atavistic behaviours of their solitary ancestors: spotted hyenas still head out for food alone, but later return to their community.[35] Like other hyenas, spotted hyenas have two anal scent glands, which open into the rectum just inside the anal opening,[36] though these glands are less elaborate than those of other hyena species.[9] The white paste produced by these glands is deposited on grass stalks, and produces a powerful soapy odour which even humans can detect. Pasting is performed on a number of different occasions, such as when walking alone, when around a kill, when lions are present, by males and cubs near dens, and most frequently by parties of hyenas at territorial boundaries. Pasting is often followed by scratching the ground with their forepaws, which adds further scents from their interdigital glands.[36]

[edit] Social behaviorSpotted hyenas are more social than grey wolves, but their groups are not as closely knit as African wild dogs.[32] Spotted hyena societies are more complex than those of other carnivorous mammals, and have been reported to be remarkably similar to those of cercopithecine primates in respect to group size, structure, competition and cooperation. Like primates, spotted hyenas use multiple sensory modalities, recognise individual conspecifics, are conscious that some clan-mates may be more reliable than others, recognise 3rd party kin and rank relationships among clan-mates, and adaptively use this knowledge during social decision making. Also, like cercopithecine primates, dominance ranks in hyena societies are not correlated with size or aggression, but with ally networks.[6] Group size is variable; a "clan" of spotted hyenas can include 5–90 members and is led by a single alpha female called the matriarch. Scientists theorise that female hyena dominance could be an adaptation to the length of time it takes for cubs to develop the massive skulls and jaws, and intense feeding competition within clans, thus necessitating greater attention and dominating behaviours from females.[37] Female hyena dominance is sometimes explained by the unusually high concentration of androgens produced by the ovaries. However adult hyena males display a higher concentration of androgens than adult hyena females. This would suggest that adult concentrations of androgens probably do not account for the difference of social dominance.[38]

[edit] Reproduction and development

Spotted hyenas are not seasonal breeders, and can reproduce at any time of the year, though a birth peak does occur during the wet season. Females are polyestrous, with an estrous period lasting two weeks.[39] The average litter consists of two cubs, with three occasionally being reported.[39] Mating in spotted hyenas is a relatively short affair which typically only occurs at night with no other hyenas present. Males will show submissive behaviour when approaching females in heat, even if the male outweighs its partner. There is no copulatory tie, as in canids.[29] Females usually favour younger males born into, or joined into the clan after they were born. Older females show a similar preference, with the addition of preferring males with whom they have had long and friendly prior relationships.[40] Passive males tend to have greater success in courting females than aggressive ones.[41] Males take no part in the raising of young.[32] The length of the gestation period tends to vary greatly, though 110 days is the average length of time.[39] In the final stages of pregnancy, dominant females provide their developing offspring with higher androgen levels than lower-ranking mothers do. The higher androgen levels – the result of high concentrations of ovarian androstenedione – are thought to be responsible for the extreme masculinization of female behavior and morphology.[42] This has the effect of rendering the cubs of dominant females more aggressive and sexually active than those of lower ranking hyenas: high ranking male cubs will attempt to mount females earlier than lower ranking males.[43]

Birth is difficult, as females have to give birth through their narrow clitoris. Also, spotted hyena cubs are the largest carnivoran cubs relative to their mother's weight.[9] In captivity, many cubs of first time mothers are stillborn because of the long labour times involved, and in the wild, it is estimated that 10% of first time mothers die during labour.[44] The cubs are born with soft, brownish black hair, and weigh on average 1.5 kg.[29] Unique among carnivorous mammals, spotted hyenas are also born with their eyes open and with 6–7 mm long canine teeth and 4 mm long incisors. Also, cubs will attack each other from the moment they are born. This is particularly apparent in same sexed litters, and can result in the death of the weaker cub.[9] This neonatal siblicide can amount to 25% of overall spotted hyena cub mortality factors.[45] Spotted hyena hierarchy is nepotistic: the offspring of dominant females automatically outrank adult females subordinate to their mother,[9] though they can lose their privileges if the mother dies.[45] Females are very protective of their cubs, and will not tolerate other adults, particularly males, approaching them. Spotted hyenas exhibit adult behaviours very early in life: cubs have been observed to ritually sniff each other and mark their living space before the age of one month. Within ten days of birth, they are able to move at considerable speed. Cubs begin to lose the black coat and develop the spotted, lighter coloured pelage of the adults at two-three months. They begin to exhibit hunting behaviours at the age of eight months, and will begin fully participating in group hunts after their first year.[29]

Lactating females can carry 3–4 kg (6.5–9 lb) of milk in their udders.[9] Spotted hyena milk is very rich, having the highest protein content (14.9%) of any terrestrial carnivore. The fat content (14.1%) is second only to the polar bear, so unlike lions and wild dogs, they can leave their cubs for about a week without feeding them.[46] Cubs will nurse from their mother for 12 or 16 months, though they can process solid food as early as three months.[29]

Spotted hyenas reach sexual maturity at the age of three years. The average lifespan in zoos is 12 years, with a maximum of 25 years.[39]

[edit] Dietary habits

Spotted hyenas are better equipped for scavenging than other African predators: not only are they able to splinter and eat the largest ungulate bones, they are also able to digest them completely. Spotted hyenas can digest all organic components in bones, not just the marrow. Any inorganic material is excreted with the faeces, which consist almost entirely of a white powder with few hairs. They react to alighting vultures more readily than other African carnivores, and are more likely to stay in the vicinity of lion kills or human settlements.[24] Wildebeest are the most commonly taken medium sized ungulate prey item in both Ngorongoro and the Serengeti, with zebra and Thomson's gazelles coming close behind.[47] Cape buffalo are rarely attacked due to differences in habitat preference, though adult bulls have been recorded to be taken on occasion.[33] Spotted hyenas have also been found to catch fish,[48] tortoises,[49] humans,[50] black rhino,[51] hippo calves,[52] young African elephants,[53] pangolins,[49] pythons, and a large number of different ungulate species.[47] The fossil record indicates that Eurasian Spotted hyenas in what is now the Czech Republic primarily fed on Przewalski's Horses. Other prey included woolly rhinoceros, Reindeer, Steppe Wisent, Irish elk, chamois and ibex.[54] In Italy, their prey consisted of red deer, aurochs, horses, roe deer, fallow deer, wild boar and ibex.[13] Spotted hyenas are thought to be responsible for the dis-articulation and destruction of some cave bear skeletons. Such large carcasses were an optimal food resource for the hyenas, especially at the end of winter, when food was scarce.[54] However, they were less successful than cave lions in navigating through cave bear dens, due to their inferior climbing abilities.[55]

A single spotted hyena can eat at least 14.5 kg of meat per meal.[56] Although spotted hyenas act aggressively toward each other when feeding, they compete with each other mostly through speed of eating, rather than by fighting as lions do.[57] When feeding on an intact carcass, spotted hyenas will first consume the meat around the loins and anal region, then open the abdominal cavity and pull out the soft organs. Once the stomach, its wall and contents are consumed, the hyenas will eat the lungs and abdominal and leg muscles. Once the muscles have been eaten, the carcass is disassembled and the hyenas carry off pieces to eat in peace.[56] Spotted hyenas are adept at eating their prey in water: they have been observed to dive under floating carcasses to take bites, then resurface to swallow. A single hyena can take less than two minutes in eating a gazelle fawn,[47] while a group of 35 hyenas can completely consume an adult zebra in 36 minutes. Spotted hyenas do not require much water, and typically only spend 30 seconds drinking.[56]

[edit] Hunting behavior

Unlike other large African carnivores, spotted hyenas do not preferentially prey on any species, and only buffalo, giraffe and plains zebra are significantly avoided. Spotted hyenas prefer prey with a body mass range of 56–182 kg, with a mode of 102 kg.[58] When hunting medium to large sized prey, spotted hyenas tend to select certain categories of animal: young animals are frequently targeted, as are old ones, though the latter category is not so significant when hunting zebras, due to their aggressive antipredator behaviours.[59] Unlike grey wolves, spotted hyenas rely more on sight than smell when hunting, and do not follow their prey's prints or travel in single file.[32]

Spotted hyenas usually hunt wildebeest either singly, or in groups of two or three. They catch adult wildebeest usually after 5 km chases at speeds of up to 60 km/h. Chases are usually initiated by one hyena, and with the exception of cows with calves, there is little active defense by the wildebeest herd. Wildebeest will sometimes attempt to escape hyenas by taking to water, though in such cases, the hyenas almost invariably catch them.[33] Zebras require different hunting methods to those used for wildebeest, due to their habit of running in tight groups and aggressive defence from stallions. Hyenas seem to plan on hunting zebras in advance, as they tend to indulge in activities such as scent marking before setting off, a behaviour which does not occur when they target other prey species. Typical zebra hunting groups consist of 10–25 hyenas. During a chase, zebras typically move in tight bunches, with the hyenas pursuing behind in a crescent formation. Chases are usually relatively slow, with an average speed of 15–30 km/h. A stallion will attempt to place itself between the hyenas and the herd, though once a zebra falls behind the protective formation it is immediately set upon, usually after a chase of 3 km. Though hyenas may harass the stallion, they usually only concentrate on the herd and attempt to dodge the stallion's assaults. Unlike stallions, mares typically only react aggressively to hyenas when their foals are threatened. Unlike wildebeest, zebras rarely take to water when escaping hyenas.[59] Once prey is caught, spotted hyenas will kill their prey by eating it alive.[33]

Spotted hyenas will increase their kill rate during the calving seasons of their prey,[60] or when they are frequently displaced from their kills by other predators.[57]

[edit] Interspecific predatory relationshipsIn areas where spotted hyenas and lions are sympatric, the two species occupy the same ecological niche, and are thus in direct competition with one another. In some cases, the extent of dietary overlap can be as high as 68.8%.[58] Lions typically ignore spotted hyenas, unless they are on a kill or are being harassed by them. Spotted hyenas themselves tend to visibly react to the presence of lions, whether there is food or not. Lions will readily appropriate the kills of spotted hyenas: in the Ngorongoro crater, it is common for lions to subsist largely on kills stolen from hyenas, causing the hyenas to increase their kill rate. Lions are quick to follow the calls of hyenas feeding, a fact which was proven by Dr. Hans Kruuk, who found that lions repeatedly approached him whenever he played the tape-recorded calls of hyenas feeding.[57] When confronted on a kill by lions, spotted hyenas will either leave or wait patiently at a distance of 30–100 metres until the lions have finished.[61] In some cases, spotted hyenas are bold enough to feed alongside lions, and may occasionally force the lions off a kill.[29] Spotted hyenas usually prevail against groups of lionesses unaccompanied by males if they outnumber them 4:1.[62] The two species may act aggressively toward one another even when there is no food involved. Lions may charge at hyenas and maul them for no apparent reason: one male lion was filmed killing two matriarch hyenas on separate occasions without eating them,[45] and lion predation can account for up to 71% of hyena deaths in Etosha. Spotted hyenas have adapted to this pressure by frequently mobbing lions which enter their territories.[63] Occasionally, lion prides and spotted hyena clans may engage in full warfare, as with a case in early April, 1999 in Ethiopia, in which 6 lions and 35 hyenas were killed over a two week period.[5] Experiments on captive spotted hyenas revealed that specimens with no prior experience with lions act indifferently to the sight of them, but will react fearfully to the scent.[29]

Although cheetahs and leopards prey on smaller animals than those hunted by spotted hyenas, hyenas will steal their kills when the opportunity presents itself. Cheetahs are usually easily intimidated by hyenas, and put up little resistance,[57] while leopards, particularly males, may stand up to hyenas. There are records of some male leopards preying on hyenas.[21]

Spotted hyenas will follow packs of African wild dogs in order to appropriate their kills. They will typically inspect areas where wild dogs have rested and eat any faeces they find. When approaching wild dogs at a kill, solitary hyenas will approach cautiously and attempt to take off with a piece of meat unnoticed, though they may be mobbed by the dogs in the attempt. When operating in groups, spotted hyenas are more successful in pirating dog kills, though the dog's greater tendency to assist each other puts them at an advantage against spotted hyenas, who rarely work in unison. Cases of dogs scavenging from spotted hyenas are rare. Although wild dog packs can easily repel solitary hyenas, on the whole, the relationship between the two species is a one sided benefit for the hyenas.[57]

Spotted hyenas dominate other hyena species wherever their ranges overlap. Brown hyenas encounter spotted hyenas in the Kalahari, where the brown species outnumbers the spotted. The two species typically encounter each other on carcasses, which the larger spotted species usually appropriate. Sometimes, brown hyenas will stand their ground and raise their manes while emitting growls. This usually has the effect of seemingly confusing spotted hyenas, which will act bewildered, though they will occasionally attack and maul their smaller cousins. Similar interactions have been recorded between spotted and striped hyenas in the Serengeti.[64]

Jackals will feed alongside hyenas, though they will be chased if they approach too closely. Spotted hyenas will sometimes follow jackals during the gazelle fawning season, as jackals are effective at tracking and catching young animals. Hyenas do not take to eating jackal flesh readily: four hyenas were reported to take half an hour in eating a golden jackal. Overall, the two animals typically ignore each other when there is no food or young at stake.[57]

Spotted hyenas usually keep a safe distance from Nile crocodiles. Though they readily take to water to catch and store prey, hyenas will avoid crocodile infested waters.[57]

Now extinct spotted hyena populations living in Italy shared their range with wolves, but managed to avoid competition by inhabiting lowlands, rather than the slopes favoured by wolves. Also, spotted hyenas primarily fed on horses, while wolves targeted ibex and roe deer. However, wolves and spotted hyenas seem to display negative abundance relations over time, with wolf populations expanding in the regions where hyenas disappeared.[13]

[edit] IntelligenceCompared to other hyenas, spotted hyenas show a greater relative amount of frontal cortex exclusive to motor control functions. Studies strongly suggest convergent evolution in spotted hyena and primate intelligence.[6] A study done by evolutionary anthropologists demonstrated that spotted hyenas outperform chimpanzees on cooperative problem-solving tests: captive pairs of spotted hyenas were challenged to tug two ropes in unison to earn a food reward, successfully cooperating and learning the maneuvers quickly without prior training. Experienced hyenas even helped inexperienced clan-mates to solve the problem. In contrast, chimps and other primates often require extensive training, and cooperation between individuals is not always as easy for them.[7]

[edit] Communication

Body language

A spotted hyena in an approaching attitude, but with a high avoidance tendency[36]Spotted hyenas have a complex set of postures in communication. When afraid, the ears are folded flat, and are often combined with baring of the teeth and a flattening of the mane. When attacked by other hyenas or by wild dogs, the hyena lowers its hindquarters. Before and during an assertive attack, the head is held high with the ears cocked, mouth closed, mane erect and the hindquarters high. The tail usually hangs down when neutral, though it will change position according to the situation. When a high tendency to flee an attacker is apparent, the tail is curled below the belly. During an attack, or when excited, the tail is carried forward on the back. An erect tail does not always accompany a hostile encounter, as it has also been observed to occur when a harmless social interaction occurs. Although they do not wag their tails, spotted hyenas will flick their tails when approaching dominant animals or when there is a slight tendency to flee. When approaching a dominant animal, subordinate spotted hyenas will walk on the knees of their forelegs in submission.[36]

[edit] VocalisationsSpotted hyenas are very vocal animals, and produce a number of different calls. Generally, high pitched calls signify fear or submission, while low pitched calls accompany a high tendency to attack.[36]

The loud "whoop" is a characteristic sound of the African night[36] and is audible for over 5 km (3 miles) or more.[9] It is a rallying cry, which varies in speed and pitch according to the urgency of the situation.[36] Spotted hyenas also whoop to show off as individuals, the rate and style being an indicator of social status. Because of this, spotted hyenas whoop singly rather than in chorus as wolf packs do to display their collective strength. Although males tend to whoop more than females of similar rank, dominant females will engage in the longest bouts of whooping.[9] Giggles and grunt-laughter tend to be emitted in situations of great excitement, and perhaps indicate a conflicting tendency to flee or stay. The giggles, yells and grunts which accompany mass feeding tend to be directed at competing individuals at a carcass, and have the secondary, disadvantageous effect of attracting lions and other spotted hyenas.[29] The pitch of the laugh indicates the hyena's age, while variations in the frequency of notes used when hyenas make noises convey information about the animal's social rank.[65] Soft grunts are made by females calling their cubs.[29] When attacked, spotted hyenas will emit loud growls and whimpers.[36]

[edit] Current range and distributionThe largest known spotted hyena populations occur in the Serengeti ecosystem in Tanzania (where they number 7,200–7,700), Kruger National Park in South Africa (1,300–3,900) and the Masai Mara Game Reserve in Kenya (ca 500-1,000). Several hundred, unsurveyed individuals occur in Zimbabwean conservation areas, the Selous Game Reserve in Tanzania and the Okavango in Botswana. Spotted hyenas are considered by the IUCN to be of lower risk of extinction in Botswana, Ethiopia, Guinea Bissau, Kenya, Namibia, South Africa, Tanzania and Zimbabwe. They are a threatened species in Benin, Burundi (where they are thought to be on the verge of extinction), Cameroon, Mali, Mauritania, Niger, Nigeria, Rwanda and Sierra Leone. They are extinct in Algeria and Lesotho. There is a deficiency of data on the number of spotted hyenas in Angola, Burkina Faso, the Central African Republic, Chad, the Republic of the Congo, Côte d'Ivoire, the Democratic Republic of Congo, Djibouti, Eritrea, Equatorial Guinea, Ghana, Guinea, Malawi, Mozambique, Senegal, Somalia, Sudan, Swaziland, Togo, Uganda and Zambia.[66]

[edit] Relationships with humans

Kills partially processed by Neanderthal and then by cave hyenas indicate that hyenas would occasionally steal Neanderthal kills, and cave hyenas and Neanderthal both competed for cave sites. Many caves show alternating occupations of hyenas and Neanderthals.[67] The discovery of a cave in Siberia's Altai Mountains, which showed evidence of being inhabited by spotted hyenas for about 40,000 years, led to speculation that the presence of spotted hyenas there could have prevented humans from crossing the Bering land bridge to the Americas, thus explaining why humans colonised the New World much later than when land bridge had formed. This scenario was brought up due to there being large numbers of fossil human remains dating back 50,000–60,000 years ago below the latitude of Mongolia, and comparatively few remains, dated back less than 12,000 years ago, further north, where hyenas ranged. The discovery of a 14,000 year old dog skull further led to the theory that the domestication of the dog may have been a factor in aiding the eventual crossing, as dogs would have been valuable sentinels against hyena incursions into human encampments.[68]

[edit] Impacts on human culture and thoughtSpotted hyenas vary in their folkloric and mythological depictions, depending on the ethnic group from which the tales originate. It is often difficult to know whether or not spotted hyenas are the specific hyena species featured in such stories, particularly in West Africa, as both spotted and striped hyenas are often given the same names.[8] In western African tales, spotted hyenas are sometimes depicted as bad Muslims who challenge the local animism that exists among the Beng in Côte d’Ivoire. In East Africa, Tabwa mythology portrays the spotted hyena as a solar animal that first brought the sun to warm the cold earth, while West African folklore generally shows the hyena as symbolizing immorality, dirty habits, the reversal of normal activities, and other negative traits. In Tanzania, there is a belief that witches use spotted hyenas as mounts.[8] In the Mtwara Region of Tanzania, it is believed that a child born at night while a hyena is crying will likely grow up to be a thief. In the same area, hyena faeces are believed to enable a child to walk at an early age, thus it is not uncommon in that area to see children with hyena dung wrapped in their clothes.[17] The Kaguru of Tanzania and the Kujamaat of Southern Senegal view hyenas as inedible and greedy hermaphrodites. A mythical African tribe called the Bouda is reputed to house members able to transform into hyenas.[69] A similar myth occurs in Mansoa. These "werehyenas" are executed when discovered, but do not revert back to their human form when killed.[17]

Spotted hyenas feature prominently in the rituals of certain African tribes. In the Gelede cult of the Yoruba people of Benin and Southwest Nigeria, a spotted hyena mask is used at dawn to signal the end of the èfè ceremony. As the spotted hyena usually finishes the meals of other carnivores, the animal is associated with the conclusion of all things. Among the Korè cult of the Bambara people in Mali, the belief that spotted hyenas are hermaphrodites appears as an ideal in-between in the ritual domain. The role of the spotted hyena mask in their rituals is often to turn the neophyte into a complete moral being by integrating his male principles with femininity. The Beng people believe that upon finding a freshly killed hyena with its anus inverted, one must plug it back in, for fear of being struck down with perpetual laughter. They also view spotted hyena faeces as contaminating, and will evacuate a village if a hyena relieves itself within village boundaries. Kujamaat hunters traditionally treat the spotted hyenas they kill with the respect due to human elders, in order to avoid retribution from malevolent hyena spirits acting on behalf of the dead animal.[8] In Maasai tradition, and that of other tribes, corpses are left in the open for spotted hyenas to eat. A corpse rejected by hyenas is seen as having something wrong with it, and liable to cause social disgrace, therefore it is not uncommon for bodies to be covered in fat and blood from a slaughtered ox.[17]

The vocalisation of the spotted hyena resembling hysterical human laughter has been alluded to in numerous works of literature: "to laugh like a hyæna" was a common proverb, and is featured in The Cobbler's Prophecy (1594), Webster's Duchess of Malfy (1623) and Shakespeares As You Like It, Act IV. Sc.1.

[edit] Attacks on humans

Spotted hyenas are usually timid around humans, and will typically flee over a distance of 300 metres when an approaching human is detected.[57] Although spotted hyenas do prey on humans in modern times, such incidences are rare. However, according to the SGDRN (Sociedade para a Gestão e Desenvolvimento da Reserva do Niassa Moçambique), attacks on humans by spotted hyenas are likely to be underreported.[70] Hyenas are known to have preyed on humans in prehistory: human hair has been found in fossilised hyena dung dating back 195,000 to 257,000 years.[71] According to Dr. Hans Kruuk, man-eating spotted hyenas tend to be very large specimens: a pair of man-eating hyenas, responsible for killing 27 people in Mlanje, Malawi in 1962 and were weighed at 72 kg (159 lb) and 77 kg (170 lb) after being shot.[72] In 1903, Hector Duff wrote of how spotted hyenas in the Mzimba district of Angoniland would wait at dawn outside people's huts and attack them when they opened their doors.[73] According to R.G. Burton's A Book of Man-Eaters, spotted hyenas will enter human encampments without paying any notice of camp fires.[74] Victims of spotted hyenas tend to be women, children and sick or infirm men: Theodore Roosevelt wrote on how in 1908–09 in Uganda, spotted hyenas regularly killed sufferers of African sleeping sickness as they slept outside in camps.[75] When attacking sleeping people, spotted hyenas usually bite the face, and attempt to drag their victims far from other humans.[76] The Kikuyu of Kenya fear spotted hyenas more than the striped species.[77] Spotted hyenas are widely feared in Malawi, where they have been known to occasionally attack people at night, particularly during the hot season when people sleep outside. Hyena attacks were widely reported in Malawi's Phalombe plain, to the north of Michesi Mountain. Five deaths were recorded in 1956, five in 1957 and six in 1958. This pattern continued until 1961 when eight people were killed. Attacks occurred most commonly in September, when people slept outdoors, and bush fires made the hunting of wild game difficult for the hyenas.[70][73] An anecdotal news report from the World Wide Fund for Nature 2004 indicates that 35 people were killed by spotted hyenas in a 12 month period in Mozambique along a 20 km stretch of road near the Tanzanian border.[70] Attitudes toward spotted hyena attacks tend to be muted when compared to the reactions evoked in areas where striped hyenas have attacked people.[17]

[edit] Livestock predationThe degree with which spotted hyenas impact livestock varies from region to region: in the Laikipia district in Kenya, spotted hyenas have little impact on livestock compared to that perpetrated by lions, leopards and cheetahs.[78] However, total reported losses in Tanzania during 2003 amounted to US $12,846 of which spotted hyena kills were reported to account for 98.2%. In a survey taken in seven different villages outside the Serengeti National Park in Tanzania in 2007, spotted hyenas accounted for 97.7% of livestock losses to predators.[79] In the Maasai steppe landscape in Northern Tanzania, spotted hyenas frequently kill small stock (goat, sheep and calves) and dogs, and usually commit their depredations at night, thus making them harder to retaliate against than lions, which mostly attack livestock in the daytime.[80]

[edit] Spotted hyenas as pets

Spotted hyenas were occasionally present in the menageries of the Pharaohs.[14] Sir John Barrow, in his An Account of Travels Into the Interior of Southern Africa, described how spotted hyenas in Sneeuberge were trained to hunt game, writing that they were "as faithful and diligent as any of the common domestic dogs".[81] In Tanzania, spotted hyena cubs may be taken from a communal den by witchdoctors, in order to increase their status.[17] An April 2004 BBC article described how a shepherd living in the small town of Qabri Bayah about 50 kilometres from Jigjiga town in eastern Ethiopia managed to use a male spotted hyena as a livestock guardian dog, suppressing its urge to leave and find a mate by feeding it special herbs.[82] If not raised with adult members of their kind, captive spotted hyenas will exhibit scent marking behaviours much later in life than wild specimens.[29] Spotted hyenas can be very destructive: a captive, otherwise perfectly tame, specimen in the Tower of London managed to tear an 8-foot (2.4 m) long plank nailed to its recently repaired enclosure floor with no apparent effort.[83] From a husbandry point of view, hyenas are easily kept, as they have few disease problems and it is not uncommon for captive hyenas to reach 15–20 years of age.[84]

Springbok

The Springbok (Afrikaans and Dutch: spring = jump; bok = antelope or goat) (Antidorcas marsupialis) is a medium sized brown and white gazelle that stands about 70 to 87 cm (28 to 34 in) high. Springbok males weigh between 33 to 50 kg (73 to 110 lb) and the females between to 26 to 40 kg (57 to 88 lb). They can reach running speeds of up to 80 to 90 km/h (50 to 56 mph) [2], and can leap 3.50 m [3] and can long jump of up to 15 m [4].

The Latin name marsupialis derives from a pocket-like skin flap which extends along the middle of the back from the tail onwards. When the male springbok is showing off his strength to attract a mate, or to ward off predators, he starts off in a stiff-legged trot, jumping up into the air with an arched back every few paces and lifting the flap along his back. Lifting the flap causes the long white hairs under the tail to stand up in a conspicuous fan shape, which in turn emits a strong floral scent of sweat. This ritual is known as pronking from the Afrikaans, meaning to boast or show off.

AppearanceSpringbok are between 70 – 87 centimetres tall at the shoulder, depending on the age, weight and gender of the particular antelope, they weigh between 26–40 kg for the females and 33–50 kg for the males. Their colouring consists of three colours, white, reddish/tan and dark brown. Their backs are tan coloured and at the bottom they are white, along each side there is a dark brown stripe extending from the shoulder on towards the inside thigh.

Rams are slightly larger than ewes and have thick horns, the ewes tend to have skinnier legs and longer, more frail horns. Average horn length for both genders is 35 cm with the record being a female with horns measuring 49,21 cm in length. Springbok tracks are narrow and sharp and are 5,5 cm from point to point.

[edit] Ecology

Springbok inhabit the dry inland areas of south and southwestern Africa. Their range extends from the northwestern part of South Africa through the Kalahari desert into Namibia and Botswana. Springboks can be found in numbers of up to 250,000 in South Africa. They used to be very common, forming some of the largest herds of mammals ever documented[5], but their numbers have diminished significantly since the 19th century due to hunting and fences from farms blocking their migratory routes.

In South Africa springbok inhabit the vast grasslands of the Free State and the open shrublands of the greater and smaller Karoo. In Namibia they live in the grasslands of the south, the Kalahari desert to the east and the dry riverbeds of the northern bushveld of the Windhoek region. In Botswana they mostly live in the Kalahari Desert in the southwestern and central parts of the country.

Springbok are mixed feeders, switching between grazing and browsing seasonally. They graze as long as grasses are young and tender[6] and browses shrubs and succulents. [6] Springboks can meet their water needs from the food they eat, and survive without drinking water through dry season, or even over years. Reportedly, in extreme cases, they won't drink water over the their entire life. Springbok may accomplish this by selecting flowers, seeds, and leaves of shrubs before dawn, when these foods are most succulent[7] Unlike most other African antelopes, springboks tend to be concentrated in the wet seasons and spread out during the dry season. [6]

[edit] Behavior

The social structure of the Springbok is similar to the Thompson's gazelle. There are two different herds: Ones made of females and ones made of non-territorial males called bachelors. [6] These groups are normally kept separate by territorial males who round up female herd that enter their territories and keep out the bachelors. [6] Single females may leave the herds to give birth. [6] Mothers and fawns may gather in nursery herd separate from harem and bachelor herds. [6] Female offspring remain attached to their mothers after weaning until they themselves are copulated and give birth[6] while male offspring are separated and recruited into bachelor herds. [6]

Springbok often go into bouts of repeated high leaps (up to 13 feet) into the air in a practice known as "pronking" (Afrikaans and Dutch: pronk = to show off) or "stotting". While pronking, the Springbok leaps back into the air as soon as it comes down, with its back bowed and the white fan lifted. While the exact cause of this behaviour is unknown, springboks exhibit this activity when they are nervous or otherwise excited. One theory is that pronking is meant to indicate to predators that they have been spotted. Another is that Springbok show off their individual strength and fitness so that the predator will go for another (presumably weaker) member of the group. Another opinion is that Springboks and other similar antelopes do this to spray a hormone that is secreted from a gland near the heel. The Dutch/Afrikaans term Trekbokken refers to the large-scale migration of herds of Springbok that were seen roaming the country during the early pioneering days of South Africa before farming fences were erected. Millions of migrating Springbok formed herds hundreds of kilometers long that could take several days to pass a town[8]. These are the largest herds of mammals ever witnessed.[9]

Springbok

[edit] Ecology

[edit] Behavior

Springhare

The springhare (Pedetes capensis), or springhaas, is not actually a hare, but a member of the order Rodentia; it is one of a number of species in the genus Pedetes. Synonyms are P. caffer or P. cafer

CharacteristicsThe springhare resembles a small kangaroo (though unrelated) with well-developed hind legs, which allows it to leap over 2 m (6 ft 7 in) in a single bound. It is for this ability that it gets its name. This animal grows to be around 35–45 cm (14–18 in) in length excluding its long tail, and weighs an average of 3 kg (6.6 lb). The tail adds to another 36–47 cm (14–19 in) in length. The colour of this mammal varies from a reddish-brown to a pale grey, with a black tip on the tail. The springhare lives only in south-eastern Africa, feeding on plant matter and even occasionally insects. They have four toes on their hind feet with claws that look like small hoofs; these are wider than those found on the forefeet. They have a thick muscular neck supporting their short head. They also have large eyes, and their ears have a tragus that prevents sand from entering when they are digging.Springhares breed throughout the year. The females give birth to a single infant about three times a year. Unlike some other rodents, which have blind and hairless young, springhares are born furred, and are active within a very short time of birth. However, they are not weaned and do not leave the burrow until they are about half grown. This extended period of parental care helps to mitigate a birth-rate that is, among rodents, remarkably low[3].

BehaviorSpringhares are mostly nocturnal but are occasionally active in the day. During the daytime, they live in tunnels that they dig. They plug the entrance of the hole with soil from the inside of the tunnel. It is easier for them to dig during the rainy season when the soil is wet. Sometimes they leap out of their burrows when they come out at night. The springhare jumps like a kangaroo on its hind legs, retreating to its burrow when frightened.

It has been found that a pair of springhares may occupy many different burrows on different days. They tend to make three burrows together in a circular shape. These burrows are mostly found near the largest tree or bush within their home range. The springhare's home range is within 25 to 250 m (82 to 820 ft) of its burrow. It may expand its area during a drought.

The springhare's unoccupied burrows are sometimes used for hiding during the daytime by the Black-footed cat.

StatusThe springhare was listed as vulnerable by the IUCN in 1996 due to an approximately 20% decrease in the population over the previous ten years. This has been caused by intense hunting and the loss of habitat. In 2001 their status was reclassified to least concern (LC).

Steenbok

The Steenbok, Raphicerus campestris, is a common small antelope of southern and eastern Africa. It is sometimes known as the Steinbuck or Steinbok.

Description

Steenbok resemble small Oribi, standing 45–60 cm at the shoulder. Their pelage (coat) is any shade from fawn to rufous, typically rather orange. The underside, including chin and throat, is white, as is the ring around the eye. Ears are large with "finger-marks" on the inside. Males carry straight, smooth, parallel horns 7–19 cm long (see image left). There is a black crescent-shape between the ears, a long black bridge to the glossy black nose, and a black circular scent-gland in front of the eye. The tail is not usually visible, being only 4–6 cm long.

[edit] DistributionThere are two distinct clusters in Steenbok distribution. In East Africa, it occurs in southern Kenya and Tanzania. It was formerly widespread in Uganda,[2] but is now possibly extinct there. In southern Africa, it occurs in Angola, Namibia, South Africa, Swaziland, Botswana, Mozambique, Zambia, Zimbabwe and probably Lesotho.

[edit] HabitatSteenbok can use a variety of habitats from semi-desert, such as the edge of the Kalahari Desert and Etosha National Park, to open woodland and thickets, including open plains, stony savannah, and Acacia–grassland mosaics. They are said to favour unstable or transitional habitats.[3] At least in the central part of Kruger National Park, South Africa, Steenbok show a distinct preference for Acacia tortilis savannah throughout the year, with no tendency to migrate to moister areas in the dry season (unlike many African savannah ungulates, including species sympatric with Steenbok in the wet season)

Striped Polecat

The Striped Polecat (Ictonyx striatus, also called the African Polecat, Zoril, Zorille or Zorilla) is a member of the Mustelidae family (weasels) which somewhat resembles a skunk. It is found in savannahs and open country in sub-saharan Africa excluding the Congo basin and west Africa.[2]

Like other polecats, this carnivore is nocturnal. It has several means of avoiding predators - including the ability to emit foul-smelling secretions from its anal glands, playing dead and climbing trees. The animal is mainly black but has four prominent white stripes running from the head, along the back to the tail. The Striped Polecat is typically 60 centimeters long including a 20-centimeter tail. It lives for up to 13 years.

The Guinness Book of Animal Records claims a zorilla once kept nine lions at bay while it was scavenging their kill, to illustrate the claim it is indeed the worst-smelling animal.

The Striped Polecat is solitary, tolerating contact with others only to mate. Young are generally born between September and December, with one to three young per litter.

MediaOn January 17, 2011 Jack Hanna brought a "zorilla" on The Late Show with David Letterman.[3][4] He claimed that there was only one of them in the entire United States. He also said that it was the worst smelling animal in the world. The Spanish word for skunk is "zorillo." There is a spotted skunk in Africa which is also called a "zorillo."[5] Their spray smells the same as the spray from other skunks such as the striped skunk because it is the same chemical compound.

Topi

Topi and Korrigum (Damaliscus korrigum) are antelope species of the genus Damaliscus.[2] The vernacular name "Topi" applies not only to the species but also to two subspecies D. k. jimela and D. k. topi, while the name Korrigum or Tiang applies to the subspecies D. k. korrigum.[2] Along with the Bangweulu Tsessebe this species was formerly included in the Common Tsessebe. The species is to be found in the savannas, semi-deserts, and floodplains of sub-Saharan Africa.

Description

Topi resemble hartebeest but have a darker coloration and lack sharply angled horns. They have elongated heads, a distinct hump at the base of the neck, and reddish brown bodies with dark purple patchings on their upper legs. They also have a facemask, a dark coloration on the face. Their horns are ringed and lyrate shaped. Their coats are short and glossy. They range in mass from 75 to 160 kg and in height from 100 to 130 cm at the shoulder. Males tend to be larger and darker than females. When pressed they have been known to reach speeds in excess of 70 km/h although they typically travel at a jog.

[edit] SubspeciesDamaliscus korrigum korrigum Ogilby, 1836 – Korrigum

Damaliscus korrigum jimela Matschie, 1892 – Topi (found in Democratic Republic of the Congo, Kenya, Rwanda, Tanzania, and Uganda. It has became regionally extinct in Burundi)

Damaliscus korrigum topi Blaine, 1914 – Coastal Topi

[edit] Range and ecology

The topi has an extensive geographical range with a patchy distribution.[3] This is due to specialization for certain grasslands in arid and savanna biomes.[3] Human hunting and habitat destruction have further isolated their population.[3] The following countries have been found to contain Topi: Benin, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, Democratic Republic of the Congo, Ethiopia, Gambia, Ghana, Guinea-Bissau, Kenya, Mali, Mauritania, Niger, Nigeria, Rwanda, Senegal, Somalia, Sudan, Tanzania, Togo, and Uganda. The species is regionally extinct in Burundi, Gambia, Guinea-Bissau, Mali, Mauritania, and Senegal.[4]

Topi in the Maasai MaraTopi primarily live in grassland habitats ranging from treeless plains to light woodlands.[3] In ectone habitats between woodlands and open grasslands, it largely inhabits the edge using the shade in hot weather.[3] They prefer pastures with green grass that’s medium in length with leaf-like swards. With its short muzzle and mobile lips it harvests tender green blades while avoiding mature leaves and stems.[3] When foraging, Topi tend to make small bites at a slow bite rate.[5] Topi generally frequent flat lowlands and are seldom found above 1500 m.[3]

This species tend to be either abundant or absent in an area.[6] Scattered population don’t last long and either increase or die off.[6] Topi are also migratory and gather into herds of up to a few hundred individuals to find their desired pastures, but the largest is in the Serengeti which they join the wildebeests,zebras and gazelles .[7] Predators of topi include lions and spotted hyenas with jackals being predators of newborns. Hyenas are the most common attackers.[8] Nevertheless, topi tend to have a low predation rate when other species are around.[3]

Tsessebe

The Common Tsessebe (Damaliscus lunatus), is a savannah and floodplain antelope found in northern Botswana, eastern Angola, northeastern Namibia, Zambia, Zimbabwe, and parts of South Africa. It is extirpated in Mozambique.[1] Formerly it was included in a species along with the Topi and the Bangweulu Tsessebe, which are today both considered to represent distinct species.

[edit] AppearanceTsessebe stand over a metre tall at the shoulder and weigh 85 to 165 kilograms. Their coats are a rusty red colour with black legs, chest and a black strip running from forehead to the tip of the nose. The horns are lyre-shaped and are conspicuously ringed and can reach 70 centimetres in both sexes. The horns of older animals tend to wear down, and this can be used as a means of assessing the age of individuals in the field.

[edit] Ecology and behaviorTsessebe live in savannah and floodplains where they eat mainly grass. Males hold territories from a few tens of thousands of square metres to a few square kilometres. These are marked out with urine, and dung. In the rutting season, some males defend leks, and females preferentially mate the with holder of the central leks; other males, however, continue to hold conventional territories. Females generally live in loose herds of up to twenty females and calves. However, thousands of Tsessebe may migrate together.

Males will engage in fights for territory or at the lekking grounds, and these are fought by lunging on to their knees while whacking each other with their horns. Fights between males and females may also be seen. Tsessebe can reach 70 kilometres per hour when frightened and will sometimes jump over each other to get away from a threat. They have the reputation of being the fastest of all antelopes. (The North American pronghorn is faster, having been timed timed at 90 kilometres per hour,[3] but is not an antelope).

Research has revealed interesting traits in the sexual behavior of D. Lunatus. Dominant males rebuff the sexual advances of older partners and prefer to mate with new females—this would have the effect of a greater spread of dominant males' genes.[4] Also, males will sometimes make deceptive warning calls about predators when females in estrus appear to be leaving their territory. This usually causes the females to remain nearby, increasing the opportunity for mating.[5]

Vervet Monkey

The Vervet Monkey (Chlorocebus pygerythrus), or simply Vervet, is an Old World monkey of the family Cercopithecidae native to Africa. The term "vervet" is also used to refer to all the members of the genus Chlorocebus.

Taxonomic classificationThe Vervet Monkey was previously classified as Cercopithecus aethiops. The Vervet and Malbrouck have often been considered conspecific, or as subspecies of the widespread Grivet.[3]

There are five distinct subspecies of Vervet Monkey.[2]

Chlorocebus pygerythrus excubitor

Chlorocebus pygerythrus hilgerti from southern Kenya[4]

Chlorocebus pygerythrus nesiotes

Chlorocebus pygerythrus pygerythrus from South Africa, Botswana,[4][5] Lesotho and Swaziland.[5]

Chlorocebus pygerythrus rufoviridis from Mozambique[4] and Uganda[6] has a distinctly reddish coloured back which is darker towards the base of the tail.[7]

[edit] Physical descriptionThe Vervet Monkey has a black face with a white fringe of hair, while the overall body colour is mostly grizzled-grey.[8] The male has a pale blue scrotum.[9] The species exhibits sexual dimorphism, the males are larger in weight and body length. Adult males weigh between 3.9 and 8.0 kilograms (8.6 and 18 lb), averaging 5.5 kilograms (12 lb), and have a body length between 420 and 600 millimetres (17 and 24 in), averaging 490 millimetres (19 in) from the top of the head to the base of the tail. Adult females weigh between 3.4 and 5.3 kilograms (7.5 and 12 lb) and average 4.1 kilograms (9.0 lb), and measure between 300 and 495 millimetres (12 and 19.5 in), averaging 426 millimetres (16.8 in).[10][7]

Warthog

The Warthog or Common Warthog (Phacochoerus africanus, "African Lens-Pig") is a wild member of the pig family that lives in Africa.

The common name comes from the four large wart-like protrusions found on the head of the warthog, which serve the purpose of defence when males fight as well as a fat reserve. They are the only widely recognised species in their genus, though some authors divide them into two species. On that classification, P. africanus is the Common (or Northern) Warthog and P. aethiopicus is the Desert Warthog, also known as the Cape or Somali Warthog.

SubspeciesNolan Warthog (Phacochoerus africanus africanus) (Gmelin, 1788) – Burkina Faso, Ivory Coast, Democratic Republic of the Congo, Ethiopia, Ghana, Guinea-Bissau, Chad, Mauritania, Nigeria, Senegal, Sudan

Eritrean Warthog (Phacochoerus africanus aeliani) Cretzschmar, 1828 – Eritrea, Ethiopia, Djibouti, Somalia

Central African Warthog (Phacochoerus africanus massaicus) Lönnberg, 1908 – Kenya, Tanzania

Southern Warthog (Phacochoerus africanus sundevallii) Lönnberg, 1908 – Botswana, Namibia, South Africa, Zimbabwe

[edit] Description

Warthogs range in size from 0.91 to 1.5 metres (3.0 to 4.9 ft) in length and 50 to 75 kg (110 to 170 lb) in weight. A warthog is identifiable by the two pairs of tusks protruding from the mouth, which are used as weapons against predators. The lower pair becomes razor sharp by rubbing against the upper pair every time the mouth is opened and closed. The upper canine teeth can grow to 23 cm (9.1 in), and are of a squashed circle shape in cross section, almost rectangular, being about 4.5 cm (1.8 in) deep and 2.5 cm (0.98 in) wide. The tusk will curve 90 degrees or more from the root,[citation needed] and the tusk will not lie flat on a table, as it curves somewhat backwards as it grows. The tusks are used for digging, for combat with other hogs, and in defence against predators—the lower set can inflict severe wounds.

Warthog ivory is taken from the constantly growing canine teeth. Each warthog has a pair of teeth in each jaw with the lower teeth being far shorter than the upper teeth. Both pairs grow upwards, with the upper teeth being by far the more spectacular in appearance. The lower pair, however, are the more dangerous: the teeth are straight, sharply pointed, and keep a keen edge by the upper pair rubbing against the lower pair. The tusks, more often the upper set, are worked much in the way of elephant tusks with all designs scaled down. Tusks are carved predominantly for the tourist trade in East and Southern Africa.[citation needed]

The male is called a boar, the female a sow, and the young piglets.

Ecology

The warthog is the only pig species that has adapted to grazing and savanna habitats.[2] Its diet is omnivorous, composed of grasses, roots, berries and other fruits, bark, fungi, eggs and carrion.[3] The diet is seasonably variable, depending on availability of different food items. During the wet seasons warthogs graze[2] on short perennial grasses.[4] During the dry seasons they subsist on bulbs, rhizomes and nutritious roots.[2][4] Warthogs are powerful diggers, using both snout and feet. Whilst feeding, they often bend the front feet backwards and move around on the wrists.[5] Calloused pads that protect the wrists during such movement, form quite early in the development of the fetus. Although they can dig their own burrows, they commonly occupy abandoned burrows of aardvarks[4] or other animals. The warthog commonly reverses into burrows, with the head always facing the opening and ready to burst out if necessary.

Although capable of fighting, with males aggressively fighting each other during mating season, a primary defence is to flee by means of fast sprinting. The main warthog predators are humans, lions, leopards, crocodiles, and hyenas. Cheetahs are also capable of catching small warthogs. However, if a female warthog has any piglets to defend she will defend them very aggressively. Warthogs can inflict severe wounds on lions, sometimes ending with the lions bleeding to death.

Warthogs have been observed allowing banded mongooses to groom them to remove ticks.[6]

[edit] Social behavior and reproduction

Warthogs are not territorial but instead occupy a home range.[7] Warthogs live in groups called sounders. Females live in sounders with their young and with other females.[3] Females tend to stay in their natal groups while males leave but say within the home range.[3] Sub-adult males associate in bachelor groups but leave alone when they become adults.[2] Adult males only join sounders that have estrous females. Warthogs have two facial glands; the tusk gland and the sebaceous gland. Warthogs of both sexes begin mark around six to seven months old.[8] Males tend to mark more than females.[8] Places that they mark include sleeping and feeding areas and waterholes.[8] Warthogs would use tusk marking for courtship and agonistic behaviors and to establish status.[8]

Warthogs are seasonal breeders.[2] Rutting begins in the late rains or early dry season and birthing begins near the start of the following rain season.[2] During the rut, boars seek out estrous sows and wait for them to emerge outside their burrows.[2] A dominant boar will displace any other boar that also try to court his female. When a sow leaves her den, the boar will try to demonstrate his dominance and then follow her before copulation.[2] The typical gestation period is 5 or 6 months. When they are about to give birth, sows temporarily leave their families to farrow in a separate hole.[2] The litter is 2 to 8 piglets, although 2 to 4 is more typical.[citation needed] The sow will stay in the hole for several weeks nursing her piglets.[2] Piglets are being grazing at about 2–3 weeks and or weaned by six months.[2]

Water Mongoose

[edit] Reproduction

Waterbuck

Waterbuck stand 120 to 136 centimetres (47 to 54 in) at the shoulder.[2] Males weigh 200–300 kilograms (440–660 lb) and females 160–200 kilograms (350–440 lb).[2] Their coats are reddish brown in colour and become progressively darker with age; they have a white 'bib' under their throats and white on their rumps. The waterproofing secretions of the waterbuck's sweat glands produces an unpleasant odor in its meat, unless the animal is skinned carefully. According to African myth the meat of the waterbuck is not edible, but this is untrue—whilst not especially tasty, waterbuck venison is safe to eat. The long spiral structured horns, found only in males, sweep back and up.

Waterbuck are found in scrub and savanna areas near water where they eat grass. Despite its name, the waterbuck does not spend much time in the water, but will take refuge there to escape predators. Waterbuck are diurnal. Females gather in herds of between two and six hundred individuals. Males keep territories of around three hundred acres (1.2 km²) during their prime. They usually lose their territories before the age of ten.

Subspecies

The Waterbuck occurs in two main groups, which formerly have been treated as separate species, but they interbreed where their ranges come into contact.[3] The first group is the Defassa Waterbuck with a white rump patch. It is found west of the Great Rift Valley, ranging from Ethiopia west to Senegal and south to Zambia. The second is the Ellipsen Waterbuck, which has a white ring on the rump that extends above the tail. It is found in south-east Africa, ranging from southern Somalia to South Africa and inland to the Great Rift Valley. Some authorities accept only these two as valid subspecies, with the trinomial K. e. defassa for the Defassa Waterbuck and K. e. ellipsiprymnus for the Ellipsen Waterbuck.[1][2] Others treat the Defassa and Ellipsen Waterbucks are subspecies groups, with as many as 13 separate subspecies in total,[3] among others based on differences in overall colour.[4] In that case, the Ellipsen Waterbuck includes the first four subspecies in the following list (ellipsiprymnus to thikae), while the Defassa Waterbuck includes the remaining:[3]

K. e. ellipsiprymnus (Ellipsen Waterbuck) group:

K. e. ellipsiprymnus Ogilby, 1833

K. e. kondensis Matschie, 1911

K. e. pallidus Matschie, 1911

K. e. thikae Matschie, 1910

K. e. defassa (Defassa Waterbuck) group:

K. e. adolfifriderici Matschie, 1910.

K. e. annectens Schwarz, 1913

K. e. crawshayi P. L. Sclater, 1894

K. e. defassa Rüppell, 1835

K. e. harnieri Murie, 1867.

K. e. penricei W. Rothschild, 1895

K. e. tjaederi Lönnberg, 1907

K. e. tschadensis Schwarz, 1913

K. e. unctuosus Laurillard, 1842

White Rhinoceros

The White Rhinoceros or Square-lipped rhinoceros (Ceratotherium simum) is one of the five species of rhinoceros that still exist and is one of the few megafaunal species left. It has a wide mouth used for grazing and is the most social of all rhino species. The White Rhino consists of two subspecies: the Southern White Rhino, with an estimated 17,480 wild-living animals at the end of 2007 (IUCN 2008), and the much rarer Northern White Rhino. The northern subspecies may have eight remaining worldwide — all in captivity.[3]

Naming

A popular theory of the origins of the name "White Rhinoceros" is a mistranslation from Dutch to English. The English word "white" is said to have been derived by mistranslation of the Dutch word "wijd", which means "wide" in English. The word "wide" refers to the width of the rhinoceros' mouth. So early English-speaking settlers in South Africa misinterpreted the "wijd" for "white" and the rhino with the wide mouth ended up being called the White Rhino and the other one, with the narrow pointed mouth, was called the Black Rhinoceros. Ironically, Dutch (and Afrikaans) later used a calque of the English word, and now also call it a white rhino. This suggests the origin of the word was before codification by Dutch writers. A review of Dutch and Afrikaans literature about the rhinoceros has failed to produce any evidence that the word wijd was ever used to describe the rhino outside of oral use.[4] Other popular theories suggest the name comes from its wide appearance throughout Africa, its color due to wallowing in calcerous soil or bird droppings or because of the lighter colour of its horn. An alternative common name for the White Rhinoceros, more accurate but rarely used, is the square-lipped rhinoceros. The White Rhinoceros' generic name, Ceratotherium, given by the zoologist John Edward Gray in 1868,[5] is derived from the Greek terms keras (κερας) "horn" and therion (θηριον) "beast". Simum, is derived from the Greek term simus (σιμος), meaning "flat nosed".

[edit] Taxonomy and evolutionThe White Rhinoceros of today was said to be likely descended from Ceratotherium praecox which lived around 7 million years ago. Remains of this White Rhino have been found at Langebaanweg near Cape Town.[6] A review of fossil rhinos in Africa by Denis Geraads has however suggested that the species from Langebaanweg is of the genus Ceratotherium, but not Ceratotherium praecox as the type specimen of Ceratotherium praecox should, in fact, be Diceros praecox, as it shows closer affinities with the black rhinoceros Diceros bicornis.[7] It has been suggested that the modern White Rhino has a longer skull than Ceratotherium praecox to facilitate consumption of shorter grasses which resulted from the long term trend to drier conditions in Africa.[8] However, if Ceratotherium praecox is in fact Diceros praecox, then the shorter skull could indicate a browsing species. Teeth of fossils assigned to Ceratotherium found at Makapansgat in South Africa were analysed for carbon isotopes and the researchers concluded that these animals consumed more than 30% browse in their diet, suggesting that these are not the fossils of the extant Ceratotherium simum which only eats grass.[9] It is suggested that the real lineage of the White Rhino should be; Ceratotherium neumayri -> Ceratotherium mauritanicum -> C. simum with the Langebaanweg rhinos being Ceratotherium sp. (as yet unnamed), with black rhinos being descended from C. neumayri via Diceros praecox.[7] It is likely then that the ancestor of both the Black and the White rhinos was a mixed feeder, with the two lineages then specialising in browse and graze, respectively.

[edit] Southern White Rhinoceros

There are two subspecies of White Rhinos; the Southern White Rhinoceros (Ceratotherium simum simum) and the Northern White Rhinoceros. As of 31 December 2007, there were an estimated 17,480 Southern White Rhino in the wild (IUCN 2008), making them the most abundant subspecies of rhino in the world. South Africa is the stronghold for this subspecies (93.0%), conserving 16,255 individuals in the wild in 2007 (IUCN 2008). There are smaller reintroduced populations within the historical range of the species in Namibia, Botswana, Zimbabwe and Swaziland, while a small population survives in Mozambique. Populations have also been introduced outside of the former range of the species to Kenya, Uganda and Zambia.[10]

Wild-caught southern whites will readily breed in captivity given appropriate amounts of space and food, as well as the presence of other female rhinos of breeding age. For instance, 91 calves have been born at the San Diego Wild Animal Park since 1972. However, for reasons that are not currently understood, the rate of reproduction is extremely low among captive-born southern white females.[11]

[edit] Northern White RhinocerosMain article: Northern White Rhinoceros

The Northern White Rhinoceros (Ceratotherium simum cottoni), formerly found in several countries in East and Central Africa south of the Sahara, is considered Critically Endangered or Extinct in the Wild. Recent research has suggested that the Northern White Rhinoceros may be a distinct species, and should therefore be renamed Ceratotherium cottoni. Distinct morphological and genetic differences suggest that the two proposed species have been separated for at least a million years.[12]

As of 2006, there were only four Northern White Rhinos left in the wild according to the World Wide Fund for Nature.[13] However, in June 2008 it was reported that the subspecies may have become extinct in the wild since none of these four known remaining individuals have been seen since 2006.[3]

On November 20 a herd of 4 Northern White Rhinos from Dvůr Králové Zoo was transported to Kenya. The Czech Dvůr Králové Zoo was the world's only zoo where Northern White Rhinos reproduced offspring. But as the last offspring came to the world in 2000, the zoo management decided to stimulate the Rhino's sexual appetite by putting them back into their natural habitat. The agreement with Kenya government expects the Rhinos never to be returned to the Czech Republic. Reportedly they are supposed to be heavily guarded to ensure, that they won't be killed by poachers.[14] The Northern White Rhino (Ceratotherium simum) formerly ranged over parts of north-western Uganda, southern Chad, south-western Sudan, the eastern part of Central African Republic, and north-eastern Democratic Republic of the Congo.[2] Poachers reduced their population from 500 to 15 in the 1970s and 1980s. From the early 1990s through mid 2003, the population recovered to more than 32 animals. Surveys in 2000 indicated that the population had started recovering, with 30 animals confirmed in 2000, and possibly six others.[3] Since mid 2003, poaching had intensified and reduced the wild population to only 5 to 10 animals (7 actual count worldwide).[4] The 5 known remaining Northern White Rhinos that were in Garamba National Park appear to have died, making the Northern White Rhino now extinct in the wild apart from the last chance efforts by the Ol Pejeta Conservancy to reintroduce it in a wild state.

[edit] Garamba National ParkThe last surviving population of wild Northern white rhinos were located in Garamba National Park, Democratic Republic of the Congo (DRC). In January 2005, the government of the Democratic Republic of Congo (DRC) approved a two-part plan for the translocation of five northern white rhino from Garamba National Park to a wildlife sanctuary in Kenya. The second part commits the government and its international partners to increase conservation efforts in Garamba, so that the northern white rhinos can be returned when it is safe again.[5] The translocation did not occur, due to the death of the remaining animals. In August 2005, ground and aerial surveys conducted under the direction of African Parks Foundation and the African Rhino Specialist Group (ARSG) had only found four animals, a solitary adult male and a group of one adult male and two adult females.[5] In June 2008, it was reported that the species may have gone extinct, since none of these four known remaining individuals had been seen since 2006.[6]

[edit] Ol Pejeta Conservancy

While technically not in a totally wild state because of the surveillance they are currently under, four of the six rhinos that used to live in the Dvůr Králové Zoo in Czech Republic were transferred to the Ol Pejeta Conservancy in Kenya in a last bid to save their species. They arrived at the conservancy after an air and road trip on December 20, 2009[7] and seem to be integrating very well in their new home. The four rhinos, under constant watch by specialists and staff, are currently living in a 400 by 400 meters breeding area where they will be acclimatizing to their new life in the wild until they are deemed ready to be released into the conservancy. In order to prevent any unnecessary injuries they might inflict on each other while interacting in their fenced area and give their horns an opportunity to regrow to a natural shape, all four rhinos were sedated and had their horns removed. This will also make them less vulnerable to the poaching that drove their species to near extinction when they are released, as the horn, which is believed to have aphrodisiac properties is solely what the poachers are after. In place of their horns, radio transmitters have been installed to allow closer monitoring of their whereabouts.[8] The Progress of this attempt at saving the Northern White Rhinoceros is documented both on the initiative's own website and on the Conservancy's website as well.

[edit] Captive populationThe captive northern white rhino population consists of only four animals and is maintained in two zoological institutions in the U.S.A. and the Czech Republic. The zoo population is declining, and is possibly not viable. Northern whites have rarely reproduced in captivity. Therefore, those four capable of breeding have been returned back to their former range in Kenya where they are held in partial captivity.

[edit] Dvůr Králové Zoo

A Northern White Rhinoceros with an Einiosaurus-like horn at the ZOO Dvůr Králové The European Association of Zoos and Aquaria (EAZA) has some internationally coordinated breeding programmes of wild animals such as the European Endangered Species Programme (EEP). There is also a White Rhino EEP. This EEP includes only three individuals, of which two pure, of the Northern White Rhinoceros subspecies. These individuals are all located in the Dvůr Králové Zoo in Dvůr Králové nad Labem, Czech Republic.[9] Nesari, female wild born at Shambe, Sudan, on 19 September 1972. Nasi, female born at Dvůr Králové Zoo, Czech Republic, on 11 November 1977. Nabire, female born at Dvůr Králové Zoo, Czech Republic, on 15 November 1983. The male named Saut, wild born at Shambe in Sudan on 19 September 1972, died in August 2006.[10] The zoo holds one hybrid female. The mother of this female was a Northern White Rhino (C. s. cottoni), but the father was a Southern White Rhino (C. s. simum) named Arthur. This zoo was also home to four other Northern White Rhinoceros, two males and two females, but they were transferred to the Ol Pejeta Conservancy in Kenya on December 19, 2009[11] in a joint effort by the zoo, Fauna and Flora International, Back to Africa, Lewa and Kenya Wildlife Service. The Czech Dvůr Králové Zoo was the world's only zoo, where Northern White Rhinos produced offspring. But as the last offspring came to the world in 2000, the zoo management decided to stimulate the Rhino's sexual appetite by putting them back into their natural habitat. The agreement with the Kenyan government expects the Rhinos never to be returned to the Czech Republic.

[edit] San Diego Wild Animal ParkThe San Diego Wild Animal Park in San Diego, California, U.S.A., has two Northern White Rhinos,[4][13] both of which were wild-caught. They are a female named Nola (over the age of 40 and past breeding age)and a male named Angalifu. One other female, named Nadi, which was not behaviorally receptive, died on May 30, 2007.[13]

[edit] Description

The White Rhinoceros is the world's largest land mammal after the three species of elephant.[15] It has a massive body and large head, a short neck and broad chest. The head and body length is 3.4 to 4.2 m (11 to 14 ft), with the tail adding another 50 to 70 cm (20 to 28 in). Shoulder height is 1.5 to 1.9 m (4 ft 10 in to 6 ft 3 in). Weight typically ranges from 1,360 to 3,630 kg (3,000 to 8,000 lb), with the male being slightly heavier.[16] The largest recorded White Rhinoceros was about 4,530 kg (10,000 lb).[17] On its snout it has two horn-like growths, one behind the other. These are made of solid keratin, in which they differ from the horns of bovids (cattle and their relatives), which are keratin with a bony core, and deer antlers, which are solid bone. The front horn is larger and averages 90 cm (35 in) in length, reaching as much as 150 cm (59 in). The White Rhinoceros also has a noticeable hump on the back of its neck. Each of the four stumpy feet has three toes. The colour of the body ranges from yellowish brown to slate grey. Its only hair is the ear fringes and tail bristles. White Rhinos have a distinctive broad, straight mouth which is used for grazing. Its ears can move independently to pick up sounds but it depends most of all on smell. The olfactory passages which are responsible for smell are larger than their entire brain.

[edit] Behavior and ecology

White Rhinoceroses are found in grassland and savannah habitat. Herbivore grazers that eat grass, preferring the shortest grains, the White Rhinoceros is one of the largest pure grazers. It drinks twice a day if water is available, but if conditions are dry it can live four or five days without water. It spends about half of the day eating, one third resting, and the rest of the day doing various other things. White Rhinoceroses, like all species of rhinoceros, love wallowing in mudholes to cool down.

White Rhinoceroses produce sounds which include a panting contact call, grunts and snorts during courtship, squeals of distress, and deep bellows or growls when threatened. Threat displays (in males mostly) include wiping its horn on the ground and a head-low posture with ears back, combined with snarl threats and shrieking if attacked. The White Rhinoceros is quick and agile and can run 50 km/h (31 mph).

White Rhinoceroses live in crashes or herds of up to 14 animals (usually mostly female). Sub-adult males will congregate, often in association with an adult female. Most adult bulls are solitary. Dominant bulls mark their territory with excrement and urine. The dung is laid in well defined piles. It may have 20 to 30 of these piles to alert passing rhinoceroses that it is his territory. Another way of marking their territory is wiping his horns on bushes or the ground and scrapes with its feet before urine spraying. They do this around 10 times an hour while patrolling territory. The same ritual as urine marking except without spraying is also commonly used. The territorial male will scrape-mark every 30 m (98 ft) or so around its territory boundary. Subordinate males do not mark territory. The most serious fights break out over mating rights over a female. Female territory is overlapped extensively and they do not defend it.

[edit] Reproduction

Females reach sexual maturity at 6–7 years of age while males reach sexual maturity between 10–12 years of age. Courtship is often a difficult affair. The male stays beyond the point where the female acts aggressively and will give out a call when approaching her. The male chases and or blocks the way of the female while squealing or wailing loudly if the female tries to leave his territory. When ready to mate the female curls its tail and gets into a stiff stance during the half hour copulation. Breeding pairs stay together between 5–20 days before they part their separate ways. Gestation occurs around 16–18 months. A single calf is born and usually weighs between 40 and 65 kg (88 and 140 lb). Calves are unsteady for their first 2 to 3 days of life. When threatened the baby will run in front of the mother, who is very protective of her calf and will fight for it vigorously. Weaning starts at 2 months and may continue suckling for over 12 months. The birth interval for the White Rhino is between 2 and 3 years. Before giving birth the mother will chase off her current calf. White Rhinos can live to be up to 40–50 years old. Adult White Rhinos have no natural predators due to their size,[18] and even young rhinos are rarely attacked due to the mother's presence or preyed on due its tough skin.

[edit] DistributionThe northern subspecies is now only found in the Republic of Congo while the southern subspecies or majority of White Rhino live in southern Africa. 98.5% of White Rhino occur in just five countries (South Africa, Namibia, Zimbabwe, Kenya and Uganda). Almost at the edge of extinction in the early 20th century, the southern subspecies has made a tremendous comeback. In 2001 it was estimated that there were 11,670 White Rhinos in the wild with a further 777 in captivity worldwide, making it the most common Rhino in the world. By the end of 2007 wild-living Southern White Rhino had increased to an estimated 17,480 animals (IUCN 2008).

Like the black rhino, the White Rhino is under threat from habitat loss and poaching, most recently by Janjaweed. The horn is mostly used for traditional medicine although there are no health benefits from the horn; the horn is also used for traditional necklaces.

[edit] Distribution of Northern White RhinoThe Northern White Rhino (Ceratotherium simum cottoni), formerly ranged over parts of north-western Uganda, southern Chad, south-western Sudan, the eastern part of Central African Republic, and north-eastern Democratic Republic of the Congo (DRC).[19] The only confirmed population today occurs in north-eastern DRC.

Poachers reduced their population from 500 to 15 in the 1970s and 1980s. By the early 1990s through mid 2003 the population recovered to more than 32 animals. Surveys in 2000 indicated that the population had started recovering with 30 animals confirmed in 2000 with up to a possible six others.[20] Between 2003 and 2006 poaching intensified and reduced the wild population to only 5 to 10 animals.[21] According to the WWF, there are now only four Northern White Rhinos left in the wild,[13] however in June 2008 it was reported that the species may have gone extinct in the wild.[3]

[edit] Garamba National ParkThe last surviving population of wild Northern White Rhinos are all located in Garamba National Park, Democratic Republic of the Congo (DRC). Recent civil wars and disruptions have been cause for much concern about the status of this last surviving population.[21]

In August 2005, ground and aerial surveys conducted under the direction of African Parks Foundation and the African Rhino Specialist Group (ARSG) have only found four animals. A solitary adult male and a group of one adult male and two adult females. Efforts to locate further animals continue.[2] According to Newsweek ("Extinction Trade," March 10, 2008) there were only two Northern White Rhinos alive in Garamba—"a death sentence for that population."

In Zoos

Most White Rhinos in zoos are Southern White Rhinos; in 2001 it was estimated that there were 777 White Rhinos in captivity worldwide. The San Diego Wild Animal Park in San Diego, California, U.S.A. previously had three Northern White Rhinos,[21] all of which were wild-caught. Only a female named Nola, and a male named Angalifu remain after the second female, Nadi, died in late May 2007 from what was believed to be old age. Nola is not fertile, and Nadi was not behaviorally receptive, so this captive population is not breeding.

Angalifu is one of the last known male Northern White Rhino in existence. A collaboration was underway between the San Diego Wild Animal Park and the Dvůr Králové Zoo in Dvůr Králové nad Labem, Czech Republic to provide Angalifu's semen to female Rhinos in captivity in the Czech Republic in a final effort to save this subspecies. So far the insemination attempts in Northern White Rhinos have failed and other methods are being considered.

Wild Dog

Lycaon pictus is a large canid found only in Africa, especially in savannas and other lightly wooded areas. It is commonly called the African Wild Dog, African Hunting Dog, Cape Hunting Dog, Painted Dog, Painted Wolf, Painted Hunting Dog, Spotted Dog, or Ornate Wolf.

Anatomy and reproduction

The scientific name "Lycaon pictus" is derived from the Greek for "wolf" and the Latin for "painted". It is the only canid species to lack dewclaws on the forelimbs.

Adults typically weigh 18–34 kilograms (40–75 lb).[2] A tall, lean animal, it stands about 75 centimetres (30 in) at the shoulder, with a head and body length averaging about 100 centimetres (39 in) long with a tail of 30 to 45 centimetres (12 to 18 in). Animals in southern Africa are generally larger than those in eastern or western Africa.

The premolars are relatively large compared with those of other canids, allowing it to consume a large quantity of bone, much like hyenas.[3] The heel of the lower carnassial M1 is crested with a single cusp, which enhances the shearing capacity of teeth and thus the speed at which prey can be consumed. This feature is called trenchant heel and is shared with two other canids: the Asian Dhole and the South American Bush Dog.

The African Wild Dog has a Bite Force Quotient measured at 142, the highest of any extant mammal of the order Carnivora, although exceeded by large marsupial carnivores.[4] The BFQ is essentially the strength of bite as measured against the animal's mass.

The African Wild Dog may reproduce at any time of year, although mating peaks between March and June during the second half of the rainy season {Where?}. Litters can contain 2-19 pups, though ~10 is the most common.[5] The time between births is usually 12–14 months, though it can also be as short as 6 months if all of the previous young die. The typical gestation period is approximately 70 days.[6][not in citation given] Pups are usually born in an abandoned den dug by other animals such as those of the Aardvark. Weaning takes place at about 10 weeks. After 3 months, the den is abandoned and the pups begin to run with the pack. At the age of 8–11 months they can kill small prey, but they are not proficient until about 12–14 months, at which time they can fend for themselves. Pups reach sexual maturity at the age of 12–18 months.

Females will disperse from their birth pack at 14–30 months of age and join other packs that lack sexually mature females. Males typically do not leave the pack they were born to. This is the opposite situation to that in most other social mammals, where a group of related females forms the core of the pack or similar group. In the African Wild Dog, the females compete for access to males that will help to rear their offspring. In a typical pack, males outnumber females by a factor of two to one, and only the dominant female is usually able to rear pups. This unusual situation may have evolved to ensure that packs do not over-extend themselves by attempting to rear too many litters at the same time.[7] The species is also unusual in that other members of the pack including males may be left to guard the pups whilst the mother joins the hunting group; the requirement to leave adults behind to guard the pups may decrease hunting efficiency in smaller packs.[8]

A captive breeding and trans-location program at Mkomazi Game Reserve, the first of its kind in East Africa, was founded in 1995 to provide dogs for a multinational effort to stabilize their numbers and to reintroduce the species to its traditional homeland. The dogs are allocated to four breeding compounds to maximize genetic diversity. An extensive veterinary program has been set up to improve their immunity to disease.

[edit] Social structureIn packs, there are separate male and female hierarchies that will split up if either of the alphas die. In the female group, the oldest will have alpha status over the others, so a mother will retain her alpha status over her daughters. For the males, in contrast the youngest male or the father of the other males will be dominant. When two such loner separate-gender groups meet, if unrelated they can form a pack together. Dominance is established without blood-shed, as most dogs within a group tend to be related to one another in some way, and when this is not the case they have a submission-based hierarchy, instead of a dominance based one. Submission and nonaggression is emphasized heavily, even over food they will beg energetically instead of fight. This is likely because of their manner of raising huge litters of dependent pups, so if one individual is injured the entire pack would not be able to provide as much.[9][dead link]

Unrelated African Wild Dogs sometimes join up in packs, but this is usually temporary. Instead, unrelated cape dogs will occasionally attempt hostile takeovers of packs.[10]

[edit] Hunting and diet

The African Wild Dog hunts in packs. Like most members of the dog family, it is a cursorial hunter, meaning that it pursues its prey in a long, open chase. Nearly 80% of all wild dog hunts end in a kill; for comparison, the success rate of lions, often viewed as ultimate predators, is only 30%. Schaller found that 9 of 10 wild dog hunts in the Serengeti ended in kills.[11] Members of a pack vocalize to help coordinate their movements. Its voice is characterized by an unusual chirping or squeaking sound, similar to a bird. Wild dogs frequently kill larger prey via disemboweling, a technique that is rapid but has caused this species to have a negative, ferocious reputation. Even some early wildlife conservationists, such as Carl Akeley[12] delighted in killing entire wild dog packs.[13]

After a successful hunt hunters regurgitate meat for those that remained at the den during the hunt, such as the dominant female and the pups. They will also feed other pack members, such as the sick, injured, the very old that cannot keep up, or those who stayed back to watch the pups.

The African Wild Dog's main prey varies among populations but always centers around medium-to-large sized ungulates, such as the impala, Thomson's Gazelle, Springbok, kudu, reedbuck, and wildebeest calves. The most frequent single prey species depends upon season and local availability. For example, in the Serengeti in the 1970s wildebeest (mostly calves) were the most frequently taken species (57%) from January to June, but Thompsons gazelle were the most frequently taken (79%) during the rest of the year.[14] In the Selous Game Reserve, the most frequent prey is impala.[15] While the vast majority of its diet is made up of mammal prey, it sometimes hunts large birds, especially Ostriches.[7] Other predators, mainly lions, sometimes steal the prey that Wild Dogs catch.[16]

Some packs will also include large animals in their prey, such as zebras and warthogs. The frequency and success rates of hunting zebra and warthogs varies widely among specific packs (whereas the rates for wildebeest and smaller ungulates do not). Hunting larger prey requires a closely coordinated attack, beginning with a rapid charge to stampede the herd. One African Wild Dog then grabs the victim's tail, while another attacks the upper lip or nose, and the remainder disembowel the animal while it is immobilised. Male wild dogs usually perform the task of grabbing warthogs by the nose.[17] This behaviour is also used on other large dangerous prey, such as the African Buffalo, giraffe calves, and large antelope—even the one-ton Giant Eland.

Remarkably, this large-animal hunting tactic appears to be a learned behavior, passed on from generation to generation within specific hunting packs, rather than an instinctive behaviour found commonly within the species. Some studies have also shown that other information, such as the location of watering holes, may be passed on in a similar fashion.

Distribution and threatsThe home range of packs varies enormously, depending on the size of the pack and the nature of the terrain. In the Serengeti, the average dog density (prior to the local extinction of the species) was 1 dog per 208 square kilometers (80 square miles), whereas in the Selous Game Reserve the average density was 1 dog every 25 square kilometers (9.6 square miles).[18] Their preferred habitat is deciduous forests because of large prey herd size, lack of competition from other carnivores, and better sites for denning.[19] In the Serengeti, the average range has been estimated at 1,500 square kilometres (580 square miles), although individual ranges overlap extensively.[7]

There were once approximately 500,000 African Wild Dogs in 39 countries, and packs of 100 or more were not uncommon. Now there are only about 3,000-5,500 in fewer than 25 countries,[1] or perhaps only 14 countries.[20] They are primarily found in eastern and southern Africa, mostly in the two remaining large populations associated with the Selous Game Reserve in Tanzania and the population centered in northern Botswana and eastern Namibia. Smaller but apparently secure populations of several hundred individuals are found in Zimbabwe, South Africa (Kruger National Park), and in the Ruaha/Rungwa/Kisigo complex of Tanzania. Isolated populations persist in Zambia, Kenya, and Mozambique.

The African Wild Dog is endangered by human overpopulation,[21] habitat loss and hunting. It uses very large territories (and so can persist only in large wildlife protected areas), and it is strongly affected by competition with larger carnivores that rely on the same prey base, particularly the lion and the Spotted Hyena. Lions often will kill as many wild dogs as they can but do not eat them. One on one the hyena is much more powerful than the Wild Dog but a large group of Wild Dogs can successfully chase off a small number of hyenas because of their teamwork. It is also killed by livestock herders and game hunters, though it is typically no more (perhaps less) persecuted than other carnivores that pose more threat to livestock. Most of Africa's national parks are too small for a pack of wild dogs, so the packs expand to the unprotected areas, which tend to be ranch or farm land. Ranchers and farmers protect their domestic animals by killing the wild dogs. Like other carnivores, the African Wild Dog is sometimes affected by outbreaks of viral diseases such as rabies, distemper, and parvovirus. Although these diseases are not more pathogenic or virulent for wild dogs, the small size of most wild dog populations makes them vulnerable to local extinction due to diseases or other problems.[1]

The Painted Dog Conservation (PDC) effort, based in Hwange National Park, western Zimbabwe, works with local communities to create new strategies for conserving the wild dog and its habitat.

Wildebeest

Names

Western White-bearded Wildebeest (C. t. mearnsi), Ngorongoro, TanzaniaThe animal's specific name taurinus is Latin for "like a bull".

Description

Distribution and habitat

Conservation

Behaviour

Reproduction

Blue wildebeest, Etosha National Park, Namibia

Wildlife of Namibia

Namibia's endangered species include Wild Dog, Black Rhino, Oribi and Puku. The Puku antelope is limited to about 100 individuals along the Chobe River in Botswana and the Linyati marshes in Namibia. The Black and White Rhino have suffered the most from poaching and are on the verge of extinction. If there had been no moves to save them in the last 20 years they probably would have disappeared form the wild altogether. Although both species occur naturally in Namibia, today you will find in many of the reserves that they have been reintroduced. The country also has the largest population in southern Africa of cheetah not contained within National Parks. There are over twenty species of antelope in Namibia ranging from largest, the Eland, to smallest, the Damara dik-dik. The Gemsbok, a striking antelope with long symmetrical horns and distinctive black and white markings is featured on the Namibian coat of arms. Namibia also harbours a wealth of small mammals including Mongoose, Jackal as well as the less common Antbear and Honey Badger, these are not often seen as they are solitary and nocturnal.

National parks and nature reserves

Namibia's parks and reserves range from the open bush of the centre and the north where wildlife is relatively plentiful, to the barren and inhospitable coastal strip with its huge sand dunes. The three main tourist attractions for wildlife in Namibia are Etosha National Park, Waterberg Plateau National Park and Cape Cross Seal Reserve.

National Parks

Ai-Ais/Richtersveld Transfrontier Park (see also Fish River Canyon and Ai-Ais Hot Springs)

Etosha National Park

Kaudom National Park

Mamili National Park

Mudumu National Park

Namib-Naukluft National Park

Skeleton Coast Park

Waterberg National Pak

[edit] Nature reserves

Caprivi Game Reserve

Kaokoland Nature Reserve

Khaudom Game Reserve

Mahango Game Reserve

Mamili Game Reserve

Mudumugame Game Reserve

Fauna

Mammals

Animals native to Namibia:

Main article: List of mammals of Namibia

Aardwolf

Aardvark

African Buffalo

African Bush Elephant

African Civet

African Golden Cat

African Manatee

African Wild Cat

African Striped Weasel

Banded Mongoose

Bat-eared Fox

Black-faced Impala

Black-backed Jackal

Black Rhinoceros

Black-footed Cat

Blue Duiker

Brindled Gnu/Blue Wildebeest

Bongo (antelope)

Brown Hyena

Bushbuck

Bushpig

Burchell's Zebra

Cape Fox

Cape Fur Seal

Cape Clawless Otter

Cape Hyrax

Cape Hunting Dog/Wild Dog

Cape Hare

Caracal

Cheetah

Chacma Baboon

Common Duiker

Common Eland

Dik-dik

Dwarf Mongoose

Gemsbok

Giant Sable Antelope

Giraffe

Greater Kudu

Grey Duiker

Ground Pangolin

Ground Squirrel

Hartebeest

Hartmann's Mountain Zebra

Hook-lipped Rhinoceros/Black Rhinoceros

Honey Badger

Hippopotamus

Impala

Kirk's Dik-dik

Klipspringer

Lechwe

Large-spotted Genet

Leopard

Lesser Bushbaby

Lion

Marsh Mongoose

Meerkat

Mountain Zebra

Oribi

Plains Zebra

Porcupine

Red Hartebeest

Red Rock Rabbit

Red Lechwe

Roan Antelope

Sable Antelope

Scrub Hare

Serval

Sharpe's Grysbok

Sitatunga

Side-Striped Jackal

South African Hedgehog

Southern Reedbuck

Slender Mongoose

Small-spotted Genet

Spotted Hyena

Springbok Antelope

Springhare

Steenbok

Striped Polecat

Topi

Tsessebe

Vervet Monkey

Warthog

White-tailed Mongoose

White Rhinoceros

Water Mongoose

Waterbuck

Yellow Mongoose

Yellow-backed Duiker

Yellow Mongoose

The Yellow Mongoose (Cynictis penicillata), sometimes referred to as the Red Meerkat, is a small mammal averaging about 1 lb (1/2 kg) in weight and about 20 in (500 mm) in length. A member of the mongoose family, it lives in open country, from semi-desert scrubland to grasslands in Angola, Botswana, South Africa, Namibia, and Zimbabwe.

This species is the only member of its genus. As many as twelve subspecies of yellow mongoose have been described. In general, the yellow mongoose has lighter highlights on the underbelly and chin, a bushy tail, and a complete lack of sexual dimorphism. Southern yellow mongooses are larger, have yellow or reddish fur, longer fur, and a longer tail with a characteristic white tip. Northern subspecies tend towards smaller size, grey colouration, a grey or darker grey tip to the tail, and shorter hair more appropriate to the hotter climate.

The yellow mongoose is carnivorous, consuming mostly arthropods but also other small mammals, lizards, snakes and eggs of all kinds.

The yellow mongoose is primarily diurnal, though nocturnal activity has been observed. Living in colonies of up to 20 individuals in a permanent underground burrow complex, the yellow mongoose will often co-exist with Cape Ground Squirrels or suricates and share maintenance of the warren, adding new tunnels and burrows as necessary. The tunnel system has many entrances, nearby which the yellow mongoose makes its latrines.

The social structure of the yellow mongoose is hierarchical, based around a central breeding pair and their most recent offspring. There are also subadults, the elderly, or adult relatives of the central pair. Male ranges tend to overlap, while females from other dens have contiguous non-overlapping ranges. Every day, the alpha male will mark members of his group with anal gland secretions, and his boundaries with facial and anal secretions, as well as urine. The alpha male also rubs his back against raised objects, leaving behind hair as a visual marker of territory. Other members of the group mark their dens with cheek secretions.

Predators of the yellow mongoose are birds of prey, snakes and jackals. When frightened, the yellow mongoose will growl and secrete from its anal glands. It can also scream, bark, and purr, though these are exceptions, as the yellow mongoose is usually silent, and communicates mood and status through tail movements.

The mating season of the yellow mongoose is between July and September, and it gives birth underground between October and December, with no bedding material, in a clean chamber of the burrow system. Usually, two offspring are produced per pregnancy, and they are weaned at 10 weeks, reaching adult size after 10 months.

Yellow-backed Duiker

The Yellow-backed Duiker (Cephalophus silvicultor), is an antelope found in central and western Africa. They have the widest range of any duiker in the genus Cephalophus.

Yellow-backed Duikers grow 3.8-4.8 feet in length and 30 inches (80 centimetres) high at the shoulder. They weigh around 130 pounds (80 kilogrammes). Their coat is dark brown to black, with a yellow stripe above their hindquarters. They live in dense and open rainforest, where they eat seeds, fruits, grasses, fungi, and foliage.

Zebra

[edit] Subspecies

Quagga, †Equus quagga quagga – Boddaert, 1785

Burchell's zebra, Equus quagga burchellii – Gray, 1824

Grant's zebra, Equus quagga boehmi – Matschie, 1892

Selous' Zebra, Equus quagga borensis – Lönnberg, 1921

Chapman's zebra, Equus quagga chapmani – Layard, 1865

Crawshay's Zebra, Equus quagga crawshayi – De Winton, 1896

[edit] Physical description

[edit] Ecology

Range and habitat

[edit] Diet and predation

aardvark

Description

Behavior

Aardvarks live for up to 24 years in captivity.

HabitatAardvarks live in subsaharan Africa, where there is suitable habitat for them to live, such as savannas, grasslands, woodlands and bushland, and available food (i.e., ants and termites).

The Egyptian god Set (mythology) is said, by some, to have the head of an Aardvark, or part Aardvark.

The main character of Arthur, a popular animated television series for children produced by WGBH-TV and shown in more than 100 countries, is an aardvark.

The Canadian cartoon series The Raccoons featured an antagonist named Cyril Sneer; he and his son Cedric were both portrayed as being aardvarks.

Cerebus the Aardvark was the title character of a comic-book series by Dave Sim and Gerhard that ran from 1977 to 2004, and is still sold in collected volumes of reprints.

aardwolf