Power of Attorney

A Power of Attorney (PA) — or volmag in Afrikaans — is a legal document allowing one person (the grantee) to act on behalf of another (the grantor) in legal or financial matters. In Namibia, it is primarily governed by the Deeds Registries Act 47 of 1937 and common law.

There are two main types:

1. General Power of Attorney (GPA)

A GPA gives broad authority to act on the grantor’s behalf, including in property transactions. If used for dealing with immovable property, it must expressly state so and be registered at the Deeds Office. Once registered, it is assigned a GPA number for future use. Care must be taken due to the wide powers conferred. If one of multiple grantors withdraws, the GPA must be cancelled and reissued.

2. Special Power of Attorney (SPA)

An SPA authorises the grantee to perform specific acts — for example, to sell a specific property at a stated minimum price and sign the transfer documents, or to register a mortgage bond. Once the act is completed, the SPA lapses.

Note: In order for a bank (Namibian financial institution) to act and honor a GPA, they would insist on it be properly drafted by a conveyancer, signed, witnessed and registered at the Deeds Office. A PA becomes invalid upon the grantor’s death or mental incapacity, or upon being revoked.

Special limitations apply to spouses married in community of property.