[The phrase “an other rank” was probably intended to be “any other rank”.] “military” includes army, air force and naval force, as well as medical service; “military court”, with reference to a military court of Namibia, means any court or officer deriving jurisdiction from the Code or from an officer to try persons subject to the Code who are charged under the Code with offences and to impose punishment; “Minister” means the Minister responsible for National Defence; “Ministry” means the Ministry charged with the administration of affairs relating to National Defence; “non-commissioned officer”, in relation to the Defence Force, means a member of that Force of a rank below a commissioned rank, and includes a warrant officer, but does not include a private; “officer”, in relation to the Defence Force, means a person on whom a commission has been conferred under section 21; “order” means an order made under this Act; “other force” means a force of a country or state other than Namibia; “other rank” means a person other than an officer; “Permanent Secretary” means the Permanent Secretary of the Ministry; “Police Force” means the Namibian Police Force established by section 2 of the Police Act; “Police Act” means the Police Act, 1990 (Act No. 19 of 1990); “portion”, in relation to any force, includes, for the purposes of sections 27, 28 and 29, persons belonging to that force who are - (a) of or below or above a prescribed age; or (b) engaged in a prescribed profession, trade, occupation or calling or in a profession, trade, occupation or calling other than a prescribed profession, trade, occupation or calling; or (c) resident in a particular area; “prescribed”, except for the purposes of the Code, means - (a) in relation to any matter affecting the conditions of service (including conditions relating to salaries, pay and allowances) of members of the Defence Force or any auxiliary services, medical service or reserve force established or designated under this Act, recommended by the Public Service Commission in terms of this Act; and (b) in relation to any other matter, prescribed by regulation; “registered address”, in relation to a person, means the address of that person as notified from time to time to the proper authority in terms of this Act; “regulation” means a regulation made under this Act;
(b) when called upon by any member of the Defence refuses or neglects to assist that member in the performance of any duty referred to in paragraph (a); or (c) when called upon by any appropriate civil authority to deliver over any person under such person’s control, accused of an offence punishable by civil court, fails or neglects to do so, commits an offence and is liable on conviction to imprisonment for a period not exceeding one year. Offences in relation to arrest 40. Any person who - (a) without due and just cause orders a person into arrest or custody; (b) unnecessarily detains a person in arrest or custody; (c) contrary to such person’s duty to bring the case of a person under arrest or in custody before the proper authority within the prescribed time; or (d) having committed a person to the custody of an authorized person, fails to deliver to such authorized person within 24 hours of such committal an account in writing signed by himself or herself of the offence with which the person so committed is charged, commits an offence and is liable on conviction to imprisonment for a period not exceeding one year. Resisting arrest 41. Any person who - (a) ordered into arrest, refuses to obey such order or assaults the person ordering him or her into arrest; (b) being ordered into arrest, resists the person whose duty it is to apprehend him or her or have him or her in charge; (c) assaults any person in whose custody he or she has been placed; (d) escapes from custody; or (e) hinders or obstructs any person lawfully carrying out a search of his or her person, personal kit or belongings or his or her living quarters, commits an offence and is liable on conviction to imprisonment for a period not exceeding two Offences in relation to a person in custody 42. Any person who -