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Land and housing

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LAND AND HOUSING

Crown Lands (Trespass) Proclamation 7 of 1919

Summary: This Proclamation (OG 24) covers trespassing, removal of vegetation and the presence of

animals on crown lands in the protectorate. It is not included in the database of annotated statutes as

it has been earmarked for repeal as an obsolete law by the Law Reform and Development Commission.88

Amendments: This Proclamation is amended by Proc. 4/1937 (OG 701), Proc. 31/1938 (OG 770) and

Proc. 18/1948 (OG 1357).

Regulations: The Proclamation makes no provision for regulations.

Crown Land Disposal Proclamation 13 of 1920

Summary: This Proclamation (OG 29) made the Crown Land Disposal Ordinance, 1903, of the

Transvaal as amended by the Crown Land Disposal Amendment Ordinance, 1906, of the Transvaal

and by this Proclamation applicable to South West Africa. According to one commentator (S. Amoo):
This effectively gave the South African Administration the power to either extend the application of

existing South African legislation on property to SouthWest Africa or to promulgate completely new

legislation for the territory.

The Proclamation also authorised the Administrator of South West Africa to set aside Crown Lands as

reserves for the use and benefit of aboriginal natives, coloured persons and Asiatics, as well as for

various public purposes. This Proclamation is not included in the database of annotated statutes as it has

been earmarked for repeal as an obsolete law by the Law Reform and Development Commission.89

Amendments: The Proclamation is amended by Proc. 54/1920 (OG 41), SA Proc. 200 of 1950 (SA GG

4435), Ord. 7/1951 (OG 1601), Ord. 36/1958 (OG 2153) and Ord. 17/1965 (OG 2634).

It was repealed in respect of Walvis Bay, along with Ord. 7/1951, by RSA Proclamation 149 of 1982

(RSA GG 8344).

Regulations: The Crown Land Disposal Ordinance, 1903, of the Transvaal applied to SWA by this

Proclamation made provision for regulations, but these will not be researched in light of the anticipated

repeal of this Proclamation.

Land Titles Proclamation 2 of 1921

Summary: This Proclamation (OG 50) makes provision for the issue of registered title to certain lands

in the territory. It was extended to the Rehoboth Gebiet by Proc. 12/1930 (OG 365). The Proclamation

has been earmarked for repeal as an obsolete law by the Law Reform and Development Commission,

on the grounds that it seems to have been primarily aimed at securing title to land acquired through

concessions in the German colonial era and appears to have no ongoing function.90

88 Law Reform and Development Commission, Report On Repeal Of Obsolete Laws: Phase 2 (LRDC 42), March

2021, pages 26-ff.
89 Law Reform and Development Commission, Report On Repeal Of Obsolete Laws: Phase 2 (LRDC 42), March

2021, pages 20-ff.
90 Law Reform and Development Commission, Report On Repeal Of Obsolete Laws: Phase 2 (LRDC 42), March

2021, pages 46-ff.

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Amendments: This Proclamation is amended by Proc. 14/1922 (OG 84), Proc. 1/1937 (OG 696), Proc.

6/1942 (OG 939), Proc. 3/1949 (OG 1406) and the Registration of Deeds in Rehoboth Act 93 of 1976

(RSA GG 5183).

Regulations: Regulations are authorised by section 8 of the Act. Pre-independence regulations will not

be researched in light of the anticipated repeal of this Proclamation. No post-independence regulations

have been promulgated.

Fencing Proclamation 57 of 1921

Summary: This Proclamation (OG 78) relates to the erection and maintenance of dividing fences

between adjoining properties.

Amendments: This Proclamation is amended by Proc. 13/1923 (OG 110), Proc. 18/1925 (OG 177),

Proc. 28/1925 (OG 180), Ord. 4/1928 (OG 279), Proc. 22/1935 (OG 639), Proc. 14/1950 (OG 1495),

Proc. 48/1950 (OG 1548), Ord. 44/1952 (OG 1732), Ord. 21/1955 (OG 1925), Ord. 6/1958 (OG 2141),

Ord. 14/1958 (OG 2150), Ord. 34/1959 (OG 2199), Ord. 23/1963(OG 2493) and Ord. 26/1965 (OG

2636).

It must be read together with Ord. 4/1928 (OG 279), which concerns contributions towards the costs of

dividing fences. It must also be read together with Ord. 6/1957 (OG 2072) (as amended by Ord. 28/1959

(OG 2199)), which concerns jackal-proof fencing.

Regulations: The Proclamation makes no provision for regulations.

Small Settlements Commonages Subdivision Proclamation 13 of 1926

Summary: This Proclamation (OG 205) provides for the subdivision of commonages assigned to

Small Settlements established by the German administration. Under German colonial rule, German

farmers were encouraged to settle in Namibia, and provided with incentives to this end. One strategy to

advance this policy was the granting of small plots of farmland to German settlers (Kleinsiedler) in areas

where rain was more abundant (in Kleinsiedlungen, or small settlements) When South Africa took

over the Mandate for South West African in the wake of World War II, this law was a manifestation of

government policy to encourage German settlers to remain in the belief that this would contribute to

stability and productivity. The Proclamation is not included in the database of annotated statutes as it

has been earmarked for repeal as an obsolete law by the Law Reform and Development Commission.91

Regulations: The Proclamation makes no provision for regulations.

Control of Sites (Churches, Schools and Missions) Proclamation 31 of 1932

Summary: This Proclamation (OG 491) empowers the Administrator to set aside portions of land

designated as reserves for natives or Coloured persons as sites for churches, schools or missions.

Regulations: Regulations are authorised by section 3 and contained in GN 133/1933 (OG 530).

91 Law Reform and Development Commission, Report On Repeal Of Obsolete Laws: Phase 2 (LRDC 42), March

2021, pages 74-ff.

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Amendment of Execution (Mortgaged Properties) Proclamation 6 of 1933

Summary: This Proclamation (OG 502) supplements the law relating to the execution of judgements

in respect of immovable property, in order to provide assistance to mortgage debtors by providing for

suspension periods in view of the prevailing financial depression. There is, however, no time limit on

its application. The Proclamation is not included in the database of annotated statutes as it has been

earmarked for repeal as an obsolete law by the Law Reform and Development Commission.92

Regulations: The Proclamation makes no provision for regulations.

Trespass Ordinance 3 of 1962

Summary: This Ordinance (OG 2390) prohibits entry or presence upon land or in buildings without

permission of the owner or lawful occupier.

Amendments: The Ordinance is amended by Act 20/1985 (OG 5140).

Regulations: The Ordinance makes no provision for regulations.

Cases: S v Mynhardt; S v Kuinab 1991 NR 336 (HC); S v Williams 2007 (2) NR 399 (HC).

Immovable Property (Removal or Modification of Restrictions) Act 94 of 1965

Summary: This Act (RSA GG 1171) concerns restrictions imposed on land by wills and similar

instruments. It repeals the SWA Removal or Modification of Restrictions on Immovable Property

Proclamation 16 of 1948.

Applicability to SWA: Section 10 states This Act and any amendment thereof shall apply also in the

territory of South West Africa, including that portion of the said territory known as the Eastern Caprivi

Zipfel and referred to in sub-section 3 of section three of the South West Africa Affairs Amendment

Act, 1951 (Act No. 55 of 1951), and also in relation to all immovable property in that portion of the said

territory known as the Rehoboth Gebiet and defined in the First Schedule to Proclamation No. 28 of

1923 of the Administration of the said territory. Although amendments to the Act in South Africa would

have been automatically applicable to SWA, there were no amendments to the Act in South Africa prior

to Namibian independence.

Transfer of administration to SWA: Since the Act does not indicate what Minister administered the

Act, it is not clear which transfer proclamation, if any, was applicable. However, the date of transfer is

not relevant to the content of the statute, as there were no amendments to the law in South Africa prior

to Namibian independence.

Regulations: The Act makes no provision for regulations.

Land Tenure Act 32 of 1966, as amended in South Africa to November 1977

92 Law Reform and Development Commission, Report On Repeal Of Obsolete Laws: Phase 2 (LRDC 42), March

2021, pages 12-ff.

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Summary: This Act (RSA GG 1554) establishes a Land Tenure Board and provides for the acquisition
and development of land in connection with farming purposes.

Applicability to SWA: Section 10A, which was added by RSA Act 67 of 1970, states This Act and

any amendments thereof which may be made from time to time, with the exception of section 5, shall

apply also in the territory, which is defined as the territory of South West Africa. (Section 5 concerns

the disposal of state land which is not required for or suitable for farming purposes in terms of the State

Land Disposal Act 48 of 1961.)

Transfer of administration to SWA: The administration of this Act was transferred to SWA by the

Executive Powers (Agricultural Credit and Land Tenure) Transfer Proclamation (AG 13/1977), dated

18 November 1977. There were no amendments to the Act in South Africa after the date of transfer.

The Act was repealed in South Africa by the Second Community Development Amendment Act 68 of

1982 (RSA GG 8206), which was not made expressly applicable to SWA.

Section 3(2) of the General Proclamation excluded from transfer the provisions of any transferred law

which provide for or relate to the institution, constitution or control of any juristic person or any board

or other body of persons that may exercise powers or perform other functions in or in respect of both

the territory and the Republic. This would appear to exclude from transfer the provisions of this Act

relating to the Land Tenure Board.

Amendments: The following pre-independence South African amendments were applicable to SWA

· Land Tenure Amendment Act 67 of 1970 (RSA GG 2862)

· Land Tenure Amendment Act 16 of 1972 (RSA GG 3458)

· Expropriation Act 63 of 1975 (RSA GG 4780).

Regulations: Regulations are authorised by section 8 of the Act. Pre-independence regulations have not

yet been researched. No post-independence regulations have been promulgated.

Subdivision of Agricultural Land Act 70 of 1970 as amended in South Africa to March
1978

Summary: This Act (RSA GG 2867) controls the subdivision of agricultural land. Generally,

subdivision is prohibited unless the Minister of Agriculture has given his consent.

Applicability to SWA: Section 14 states This Act and any amendment thereof shall apply also in the

territory of South West Africa. Section 1 defines agricultural land, executive committee and

scheme accordingly.

Transfer of administration to SWA: The administration of this Act was transferred to SWA by the

Executive Powers (Agricultural Technical Services) Transfer Proclamation (AG 11/1978), dated 2

March 1978. None of the amendments to the Act in South Africa after the date of transfer and prior to

Namibian independence the Subdivision of Agricultural Land Amendment Act 12 of 1979 (RSA GG

6345), the Subdivision of Agricultural Land Amendment Act 18 of 1981 (RSA GG 7447) and the

Subdivision of Agricultural Land Amendment Act 33 of 1984 (RSA GG 9170) were

made expressly applicable to SWA.

Amendments: The following pre-independence South African amendments were applicable to SWA

· Subdivision of Agricultural Land Amendment Act 55 of 1972 (RSA GG 3531)

· Subdivision of Agricultural Land Amendment Act 19 of 1974 (RSA GG 4210)

· Subdivision of Agricultural Land Amendment Act 18 of 1977 (RSA GG 5450).

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Certain terminology is amended by the Native Laws Amendment Proclamation, AG 3 of 1979 (OG

3898), deemed to have come into force in relevant part on 1 August 1978 (section 5 of AG 3 of 1979).

The Act and two of its amending Acts (the Subdivision of Agricultural Land Amendment Act 55 of 1972

and the Subdivision of Agricultural Land Amendment Act 19 of 1974) were repealed in respect of

Rehoboth by the Agricultural Land Act 5 of 1981 (Rehoboth) (Official Gazette 37 of Rehoboth, dated

21 August 1981), brought into force on 1 September 1981 by an unnumbered notice (Official Gazette

41 of Rehoboth, dated 23 September 1981), which provides a substituted law on the topic in respect of

Rehoboth.
Note that Official Gazette 37 of Rehoboth appears to have been misprinted as Official Gazette 38 of

Rehoboth. Some copies bear a handwritten notation showing the correct number as Official Gazette 37 of

Rehoboth.

Regulations: Regulations are authorised by section 10 of the Act. Pre-independence regulations have

not yet been researched. No post-independence regulations have been promulgated.

Cases: Theron & Another v Tegethoff & Others 2001 NR 203 (HC).

Expropriation Ordinance 13 of 1978

Summary: This Ordinance (OG 3796) deals with the expropriation of land for public purposes. It

repeals the Expropriation Ordinance 32 of 1967.

Appointments: Proc. 8/2005 (GG 3456) assigns the administration of this Ordinance to the minister

responsible for works, transport and communication.

Amendments: This Ordinance is amended by the National Transport Corporation Act 21 of 1987 (OG

5439) (which was repealed by the National Transport Services Holding Company Act 28 of 1998 (GG

1961) with effect from 1 April 1999).

Regulations: Regulations are authorised by section 20 of the Act. Pre-independence regulations have

not yet been researched. No post-independence regulations have been promulgated.

Application of law: The Ordinance is referenced by the Powers of the SWA Water and Electric

Corporation Act 14 of 1980 (OG 4225), which makes sections 5-18 of the Ordinance applicable to

expropriations by the Corporation.

The application of the Ordinance in Export Processing Zones is affected by section 5(e) of the Export

Processing Zones Act 9 of 1995 (GG 1069), and referenced in section 16 of that Act.

Section 13 of the Airports Company Act 25 of 1998 (GG 1958), which was brought into force on 5

February by GN 19/1999 (GG 2045), affects the application of the Ordinance with respect to that Act.

Promotion of the Density of Population in Designated Areas Act 18 of 1979

Summary: This Act (OG 4052) provides for the designation of certain areas for the promotion of

population density and farming activities. It was brought into force on 1 January 1980 by AG 38/1979

(OG 4059). The underlying purpose of this law was to encourage white farmers to stay and farm in

border areas by providing loans to them in terms of the Agricultural Credit Act 28 of 1966, with the aim

of engaging them in reconnaissance and intelligence-gathering activities to frustrate the Namibian

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liberation struggle. The Act is not included in the database of annotated statutes as it has been earmarked

for repeal as an obsolete law by the Law Reform and Development Commission.93

Amendments: The Act is amended by AG 30/1985 (OG 5060).

Regulations: The Act makes no provision for regulations.

Notices: A designated area is declared in terms of the Act in AG 39/1979 (OG 4062); there may have

been other such designations.

Agricultural Land Act 5 of 1981 (Rehoboth)

Summary: This Act (Official Gazette 37 of Rehoboth, dated 21 August 1981) controls the subdivision

of agricultural land in Rehoboth. It was brought into force on 1 September 1981 by an unnumbered

notice (Official Gazette 41 of Rehoboth, dated 23 September 1981) and has not been amended. It repeals

the Subdivision of Agricultural Land Act 70 of 1970 in Rehoboth.
Note that Official Gazette 37 of Rehoboth appears to have been misprinted as Official Gazette 38 of

Rehoboth. Some copies bear a handwritten notation showing the correct number as Official Gazette 37 of

Rehoboth.

Regulations: Section 20 of this Act provides for regulations. Section 22(2) states:
Anything done under any provision of any law repealed by subsection (1) which is not contrary to or

inconsistent with any provision of this Act, shall be deemed to have been done under the corresponding

provision of this Act.

However, pre-independence regulations issued under this Act or under the repealed Act have not yet

been researched.

Cases: Cloete v Haitengi (I 1611/2015) [2019] NAHCMD 241 (16 July 2019).

Squatters Proclamation, AG 21 of 1985

Summary: This Proclamation (OG 5047) provides for the removal of persons unlawfully present on

land or in buildings, and for the demolition of structures which are unlawfully erected.

Sections 1, 5, 8, 14, 15, 16 and 17 of the Proclamation came into force on the date of publication

(30 May 1985) by virtue of section 16 of the Proclamation. Sections 2, 3, 4, 6, 7, 9, 10 and 13

came into force in the territory of South West Africa on 15 November 1986, by virtue of section

16 of the Proclamation read together with AG 28/1986 (OG 5273).

Sections 11 and 12 of the Proclamation do not appear to have come into force

Regulations: Regulations in respect of emergency camps are authorised by section 8 of the Act. Pre-

independence regulations have not yet been researched. No post-independence regulations have been

promulgated.

Cases: Shaanika & Others v Windhoek City Police & Others 2011 (1) NR 64 (HC), reversed on appeal

in Shaanika & Others v Windhoek City Police & Others 2013 (4) NR 1106 (SC) (declaring sections 4(1)

and (3) of the Proclamation unconstitutional, on the grounds that they violate Art 12 of the Constitution

on the right of access to courts). See also Likuwa & Others v Council of The Municipality of Windhoek

& Another 2017 (2) NR 460 (HC) (does not discuss the statute, but finds that applicants who were

93 Law Reform and Development Commission, Report On Repeal Of Obsolete Laws: Phase 2 (LRDC 42), March

2021, pages 56-ff.

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stopped in the process of establishing unlawful occupation do not qualify for protection of mandament

van spolie; judicial statements condemning land-grabbing as an unacceptable form of self-help and

calling on municipality to provide access to urban land to ameliorate the deplorable living conditions in

Windhoek).

Land Survey Act 33 of 1993

Summary: This Act (GG 770) regulates the survey of land. It repeals the Land Survey Act 9 of 1927

and was brought into force on 1 June 1994 by GN 84/1994 (GG 863).

Regulations: Regulations made under the previous legislation survive in terms of section 46(3). Pre-

independence regulations have not yet been comprehensively researched.

Regulations made under the Land Survey Act 9 of 1927 are contained in RSA GN R.1814/1962 (RSA

GG 365) with the following amendments:

RSA GN R.1395/1964 (RSA GG 897)

RSA GN R.533/1967 (RSA GG 1716)

RSA GN R.1033/1969 (RSA GG 2439)

RSA GN R.1126/1969 (RSA GG 2469)

RSA GN R.2008/1970 (RSA GG 2931)

RSA GN R.959/1972 (RSA GG 3545)

RSA GN R.1804/1972 (RSA GG 3677)

RSA GN R.2320/1974 (RSA GG 4540)

RSA GN R.844 of 1977 (RSA GG 5549)

GN 247/1986 (OG 5302)

GN 34/1988 (OG 5503)

AG GN 68/1989 (OG 5799)

AG GN 24/1990 (OG 5914)

GN 50/1993 (GG 636)

GN 270/1996 (GG 1425).

Post-independence regulations pertaining to the manner in which land surveys shall be conducted are

contained in GN 58/2002 (GG 2723).

Notices: Official co-ordinated values to be used by land surveyors are contained in GN 107/2008 (GG

4044).

Fees: A tariff of fees is published in GN 249/2004 (GG 3323). (This tariff replaces the tariff contained

in GN 287/1999 (GG 2253), as amended, and also the tariff contained in GN 134/2002 (GG 2778).)

A scale of fees is published in GN 286/1999 (GG 2253) as amended by GN 17/2016 (GG 5935) (which

substitutes the Schedule).

Agricultural (Commercial) Land Reform Act 6 of 1995

Summary: This Act (GG 1040) provides for the acquisition of agricultural land by the Namibian

government for the purposes of land reform, and for its redistribution to Namibian citizens who do not

own or otherwise have the use of agricultural land or adequate agricultural land, and foremost to those

Namibian citizens who have been socially, economically or educationally disadvantaged by past

discriminatory laws or practices. It also establishes a Land Reform Advisory Commission and a Lands

Tribunal.

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Part VI (Restriction on Acquisition of Agricultural Land by Foreign Nationals) came into force on the

date of publication, 3 March 1995 (section 81(3) of the Act). The remainder of the Act, with the

exception of Parts II, III, IV and V, was brought into force on 6 December 1995 by GN 230/1995 (GG

1214). All the remaining sections were brought into force on 17 October 1996 by GN 271/1996 (GG

1426).

Amendments: Act 16/2000 (GG 2378) amends sections 1, 4, and 12, and inserts a new Part establishing

a Land Acquisition and Development Fund and a new section 37A. It was brought into force on 29

December 2001 (GN 258/2001, GG 2678).

Act 2/2001 (GG 2523) amends section 1, substitutes section 13B, section 18 and certain headings, inserts

section 75A, amends section 76 and inserts sections 76A, 76B and 79A. It was brought into force on 29

December 2001 (GN 257/2001, GG 2678). (Note that the short title of this amending Act is amended

by Act 13/2002.)

Act 13/2002 (GG 2875) makes substantial amendments to the Act. It was brought into force on 1 March

2003 by GN 26/2003 (GG 2925).

Act 14/2003 (GG 3096) amends sections 1, 14, 19, 20, and 78.

Act 19/2003 (GG 3116) amends sections 18 and 76. It was brought into force on 1 April 2004 by GN

56/2004 (GG 3181).

Act 8/2013 (GG 5210) amends section 9.

Act 1/2014 (GG 5428) amends section 1, 17, 20 and 62, and substitutes section 9.

Regulations: Several sets of regulations have been issued under the Act.

Regulations relating to the acquisition of land by foreign nationals are contained in GN

257/1996 (GG 1411).94

General regulations are contained in GN 272/1996 (GG 1426), as amended by GN 243/2001

(GG 2663) (Form 1) and GN 181/2005 (GG 3555) (Form 1). They are also apparently amended

by GN 120/2014 (GG 5530) (see the note above).

Regulations on Procedure to Sublease Portion of Farming Unit are contained in GN

241/2013 (GG 5279).

Regulations relating to the exemption of certain agricultural land from section 17 of the

94 GN 120/2014 (GG 5530) purports to amend the Regulations relating to the Acquisition of Land by Foreign

Nationals contained in GN 257/1996, but this seems to be an error. These Regulations, which are contained in GN

257/1996, contain only one form, which has no number. GN 120/2014 inserts a Form 1A and a Form 4 after Form

3. The General Regulations in GN 272/196 contain a Form 1 and a Form 2, but no Form 3. Thus, the numbers of

the forms in GN 120/2014 do not fit correctly with either of these sets of regulations. Furthemore, the forms in GN

120/2014 appear to concern sale and waiver in general rather than being relevant only to foreign nationals.

There are other errors in GN 120/2014.The notice states:

In these regulations the Regulations means the regulations in relation to Acquisition of Agricultural

Land by foreign nationals, published under Government Notice No. 257 of 19 September 1996 as

amended by Government Notice Nos. 272 of 17 October 1996, 243 of 15 December 2001, 259 of 29

December 2001, 128 of 1 June 2004, 181 of 15 December 2005, 120 of 3 July 2007, 143 of 1 August

2007, and 241 of 6 September 2013.

This statement is incorrect. Regulations relating to the Acquisition of Agricultural Land by Foreign Nationals were

published in GN 257/1996, but all of the other Government Notices cited concern other sets of regulations issued

under the Act with the exception of GN 143/2007, which is not a regulation but a notice issued under regulation

3 of the Land Valuation and Taxation Regulations concerning the dates for a general valuation of agricultural land.

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Act are contained in GN 233/2014 (GG 5613).

Regulations on criteria to be used for expropriation of agricultural land are contained in

GN 209/2016 (GG 6115).

Land Valuation and Taxation Regulations are contained in GN 285/2018 (GG 6755).95

Rules: The Rules of the Lands Tribunal are contained in GN 76/1996 (GG 1289).

Notices: Bodies and associations are designated to appoint members to the Land Reform Commission

in GN 98/1995 (GG 1090).

A pro forma lease agreement for farming units in terms of section 37 of the Act is contained in GN

50/1999 (GG 2075) which is withdrawn by GN 179/2009 (GG 4337).

Certain land is excluded from the definition of agricultural land by GN 248/2009 (GG 4403), GN

161/2012 (GG 4978), GN 228/2013 (GG 5264) and GN 123/2016 (GG 6037).

Certain agricultural land is excluded from the land tax imposed in terms of section 76 of the Act by GN

68/2015 (GG 5728).

Documents which must accompany an offer to sell agricultural land to the State are prescribed in GN

227/2016 (GG 6125).

Associations or bodies involved in agricultural affairs are designated in terms of section 4(1)(e) of the

Act in GN 234/2016 (GG 6135).

Farming units offered for allotment are periodically announced in the Government Gazette but have not

been listed here. Rates of land tax have also been omitted.

Notices concerning the rates of land tax payable by owners of agricultural land, specific valuations,

valuation rolls and the sittings of specific valuation courts have not been recorded here.

Cases:

Müller v Schweiger 2005 NR 98 (HC) (summary of key provisions of Act; contract contravening section

58(1)(b) void ab initio); Schweiger v Müller 2013 (1) NR 87 (SC) (finding of illegality of

contract confirmed on appeal)

Schacht v Schweiger & Another 2005 NR 130 (HC) (obiter discussion of section 58(1))

Bahlsen v Nederloff & Another 2006 (2) NR 416 (HC) (sections 1, 58 and 59)

Kessl v Ministry of Lands Resettlement & Others, and Two Similar Cases 2008 (1) NR 167 (HC)

(detailed discussion of Acts requirements for expropriation and constitutionality of

expropriation procedure; includes guidelines on correct procedure for expropriation under the

Act)

Marot & Others v Cotterell 2012 (1) NR 365 (HC) (purchase of shares in a close corporation does not

give the members rights of occupation of immovable property by virtue of their membership

but rather by agreement, and is thus void ab initio because of non-compliance with section

58(1)(b)); confirmed in Marot & Others v Cotterell 2014 (2) NR 340 (SC) (which also notes

that a foreign national may not occupy or possess agricultural land for the prohibited periods

without ministerial consent in terms of section 58(1)(b), no matter how the right of occupation

or possession was acquired; section 58 is not contrary to art 16 of the Namibian Constitution;

an indefinite period of time violates the specified time periods in section 58(1)(b)(ii))

Strauss & Another v Laubuscagne 2012 (2) 460 (SC) (meaning of alienate in section 1; contractual

agreement in fraudem legis because simulated to circumvent Act)

95 These Land Valuation and Taxation Regulations repeal and replace GN 120/2007 (GG 3870), as amended by

GN 210/2011 (GG 4833) and GN 185/2015 (GG 5809), which in turn replaced the initial regulations on this topic

contained in GN 259/2001 (GG 2678) as amended by GN 128/2004 (GG 3214).

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Meroro v Minister of Lands, Resettlement and Rehabilitation & Others 2015 (2) NR 526 (SC)(section

53; assignment under section 53(1) must take place in terms of the applicable law of succession)

Gunchab Farming CC & Another v Barnard & Another 2015 (2) NR 587 (HC) (section 17 before and

after amendment by Act 13/2002)

Locke v Van der Merwe & Others 2016 (1) NR 1 (SC) (effect of section 17(2) as amended by Act

13/2002; meaning of until in that provision)

Von Wiedts v Minister of Lands and Resettlement & Another 2016 (2) NR 500 (HC) (constitutionality

of Act 13/2002 cannot be challenged as a collateral issue in the course of enforcement

procedures)

Buchholz NO & Another v Ewert & Others 2016 (2) NR 511 (HC) (interpretation and application of

section 17(1))

Wyss & Another v Hungamo & Others 2016 (4) NR 1054 (HC) (section 58(1)(b); effect of section

62(1)(a) prior to its repeal)

Kambazembi Guest Farm CC T/A Waterberg Wildnerness v The Minister of Land Reform and 5 Others

(A197/2015) [2016] NAHCMD 366 (17 November 2016) (constitutional challenge to sections

76 to 80 and the regulations issued under GN 120/2007 fails)

Du Toit v Dreyer & Others 2017 (1) NR 190 (SC) (in a case concerning costs, the Court discusses an

illegal contract aimed at circumventing the Act and the consequences of that contracts

illegality)

Denker v Ameib Rhino Sanctuary (Pty) Ltd 2017 (4) NR 1173 (SC) (sections 58(1)(a) and 60).

Commentary:

Sam K Amoo, Land Tenure and Land Reform in Namibia, 3 (1) Review of Southern African Studies

1 (1999)

Sam K Amoo, Towards comprehensive land tenure systems and land reform in Namibia, 17 (1) South

African Journal on Human Rights 87 (2001)

Sidney Harring and Willem Odendaal, One Day We Will All Be Equal: A Socio-Legal Perspective on

the Namibian Land Reform and Resettlement Process, Legal Assistance Centre, 2002, available

here

Bertus de Villiers, Land Reform Issues and Challenges: A comparative overview of experiences in

Zimbabwe, Namibia, South Africa and Australia, Johannesburg: Konrad Adenauer Foundation,

2003, available here

Dr Christina Treeger, Legal analysis of farmland expropriation in Namibia, Namibia Institute for

Democracy, 2004, available here

Legal Assistance Centre, Our Land We Farm: An analysis of the Namibian Commercial Agricultural

Land Reform Process, 2005, available here

Willem Odendaal, Confiscation or Compensation?: An analysis of the Namibian Commercial

Agricultural Land Reform Process, Legal Assistance Centre, 2005, available here

Sidney L Harring and Willem Odendaal, No Resettlement Available: An assessment of the

expropriation principle and its impact on land reform in Namibia, Legal Assistance Centre,

2007, available here

Sidney L Harring and Willem Odendaal, Kessl: A new Jurisprudence for Land Reform in Namibia?,

Legal Assistance Centre, 2008, available here

Phanuel Kaapama, Commercial land reforms in postcolonial Namibia: What happened to liberation

struggle rhetoric? in H Melber (ed), Transitions in Namibia: What Changes for Whom?,

Uppsala: Nordiska Afrikainstitutet, 2007

Cornelia Glintz, The High Court of Namibia: Günther Kessl v Ministry of Lands and Resettlement and

2 others: case no. 27/2006 and 266/2006, a test case for the Namibian land reform programme,

42 (2) Verfassung und Recht in Übersee 263 (2009)

Wolfgang Werner and Willem Odendaal, Livelihoods after Land Reform, Legal Assistance Centre,

2010, available here.

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National Housing Enterprise Act 5 of 1993

Summary: This Act (GG 687) provides for the continued existence of a corporation to provide for the

housing needs of the inhabitants of Namibia, changes its name from the National Building and

Investment Corporation to the National Housing Enterprise and sets forth its powers, duties and

functions. It repeals the National Building and Investment Corporation of South West Africa

Proclamation (AG 60/1978).

Amendments: Act 32/2000 (GG 2463), which was brought into force on 5 March 2001 by GN 37/2001

(GG 2492), amends sections 1, 4, 5, 6, 8, 9, 10, 14, 15, 18, 20, 22, 23 and 26.

The State-owned Enterprises Governance Act 2 of 2006 (GG 3698), which was brought into force on 1

November 2006 by Proc. 13/2006 (GG 3733) and later re-named the Public Enterprises Governance Act

2 of 2006, amends section 5, 6, 8 and 10.

Regulations: Regulations are contained in GN 62/2001 (GG 2513).

Application of law: The Financial Intelligence Act 13 of 2012 (GG 5096) places certain duties on the

National Housing Enterprise.

National Housing Development Act 28 of 2000

Summary: This Act (GG 2459) establishes a National Housing Advisory Committee to advise on

housing programmes, and provides for Housing Revolving Funds to be established by regional and local

authorities to be used for low-cost housing. It further provides for the establishment of Decentralised

Build Together Committees for each region, to deal with applications for assistance from the Housing

Revolving Funds. The Act repeals the Native Housing Levy and Contributions Ordinance 22 of 1961

and the Housing Ordinance of the Administration of Coloureds 4 of 1983. The Act was brought into

force on 5 March 2001 by GN 36/2001 (GG 2492).

Regulations: Section 37(2) contains the following savings clause:
Any notice, regulation, authorisation, order, approval or certificate issued, made or granted, or any other

thing done in terms of a provision of any law repealed by subsection (1) shall be deemed to have been

issued, made, granted or done under the corresponding or allied provision of this Act, except in so far as

may be otherwise required by this Act.

However, pre-independence regulations have not yet been researched.

Regulations made in terms of the current law were initially contained in GN 44/2001 (GG 2492), but

these were revoked by GN 57/2001 (GG 2507).

Appointments: The National Housing Advisory Committee is announced in GN 188/2001 (GG 2615).

Committee members are appointed in GN 155/2003 (GG 3019), GN 258/2004 (GG 3334), GN 110/2006

(GG 3672), GN 34/2008 (GG 3991), GN 238/2013 (GG 5274) and GN 224/2018 (GG 6710). Alternate

committee members are appointed in GN 24/2009 (GG 4216) and GN 258/2019 (GG 6983).

Communal Land Reform Act 5 of 2002

Summary: This Act (GG 2787) provides for the allocation of rights in respect of communal land. It

establishes Communal Land Boards and provides for the rights and powers of traditional leaders and

Communal Land Boards in relation to communal land. The Act was brought into force on 1 March 2003

by GN 33/2003 (GG 2926). This is also the relevant date in respect of section 18 (on fencing), and

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section 28(2) and (3) (the date which begins the three-year period for application for recognition of

existing customary land rights and fences). See GN 34-36/2003 (GG 2926).

The Act repeals the Development Trust and Land Act 18 of 1936, the South West Africa Native Affairs

Administration Act 56 of 1954 and the Administration of the South African Bantu Trust in South West

Africa Proclamation, AG 19 of 1978.

Amendments: Act 11/2005 (GG 3550) amends section 1 and Schedule 1 of the Act. Its effect is to add

and amend certain definitions, to incorporate certain portions of unalienated State land into existing

communal land areas and to replace an incorrect reference in the description of the Damaraland

Communal Land Area.

Proc. 9/2013 (GG 5150) and Proc. 27/2013 (GG 5264) amend Schedule 1 of the Act.

Act 13/2013 (GG 5385), which was brought into force on 1 December 2016 by GN 286/2016 (GG

6188), amends sections 1, 23, 28, 31, 44 and inserts section 17B and Part 3.
Note that GN 286/2016 is correctly numbered in the Contents section of GG 6188, but the actual

Government Notice is misnumbered as GN 287/2016.

Regulations: There is no savings clause for regulations made in terms of the repealed laws.

Regulations are contained in GN 37/2003 (GG 2926), as amended by GN 120/2003 (GG 2994), GN

15/2014 (GG 5412), GN 100/2015 (GG 5760) and GN 159/2016 (GG 6069).96

Regulations relating to occupational land rights are contained in GN 278/2016 (GG 6177).

Alteration of communal land areas: Proc. 9/2013 (GG 5150) incorporates certain unalienated state

land into the existing communal land areas of Damaraland and Namaland. Proc. 27/2013 (GG 5264)

incorporates certain unalienated state land into the existing communal land areas of Damaraland.

Designation of areas for leasehold: Areas are designated for leasehold for agricultural purposes as

follows:

Caprivi Communal Land Board GN 126/2007 (GG 3878)
Note that there are two Government Gazettes numbered as

GG 3878 and dated 16 July 2007. The correct version states at the top: This Gazette

replaces Government Gazette No. 3878 of 16 July 2007.

Kavango Communal Land Board GN 98/2005 (GG 3479), GN 61/2006 (GG 3620), GN

125/2007 (GG 3878), GN 127/2007 (GG 3878) and GN 129/2007 (GG 3878)
Note that there are two Government Gazettes numbered as

GG 3878 and dated 16 July 2007. The correct version states at the top: This Gazette

replaces Government Gazette No. 3878 of 16 July 2007.

Kavango East Communal Land Board GN 37/2014 (GG 5433),

GN 208/2017 (GG 6384)

Ohangwena Communal Land Board GN 128/2007 (GG 3878).
Note that there are two Government Gazettes numbered as

GG 3878 and dated 16 July 2007. The correct version states at the top: This Gazette

replaces Government Gazette No. 3878 of 16 July 2007.

Omusati Communal Land Board GN 209/2017 (GG 6384), GN 210/2017 (GG 6384), GN

211/2017 (GG 6384)

Oshikoto Communal Land Board GN 156/2011 (GG 4787), which is withdrawn by GN

218/2011 (GG 4834); GN 219/2011 (GG 4834), which is withdrawn by GN 227/2011

(GG 4843); GN 228/2011 (GG 4843).

96 These regulations repeal those contained in RSA Proclamation R.188 of 11 July 1969 (RSA GG 2486)

despite the absence of a savings clause.

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Recognition of existing land rights: GN 44/2006 (GG 3591) requires all persons issued with a right to

occupy communal land (other than a right under customary law) to apply for recognition of that right

and the grant of a leasehold, and for authorisation to retain any existing fences, within three years of the

date of publication of the notice (15 February 2006); the effective date for applying for the recognition

of existing rights was extended to the end of February 2012 by GN 18/2009 (GG 4210) and then to the

end of February 2014 by GN 104/2012 (GG 4929).

In terms of section 28 of the Act, GN 45/2006 (GG 3591) similarly requires all persons with existing

customary land rights to apply for the recognition and registration of such rights and for authorisation

to retain any existing fences, within three years of the date of publication of the notice (15 February

2006); the effective date was extended to the end of February 2012 by GN 19/2009 (GG 4210), then to

the end of February 2014 by GN 140/2012 (GG 4958) and then extended indefinitely by GN 19/2014

(GG 5416).
GN 19/2014 states: Under subsection (3) of section 28 of the Communal Land Reform Act, 2002 (Act

No. 5 of 2002), I, further extend the period within which an application may be made for recognition of

existing customary land rights in terms of subsection (2) of that section, as notified by Government Notice

No. 140 of 1 June 2012, with effect from 1 March 2014 until further notice.

Establishment of Communal Land Boards: Twelve communal land boards are established by GN

203/2003 (GG 3060), which is replaced by GN 18/2014 (GG 5416) as amended by GN 30/2021 (GG

7470), to take into account the split of the Kavango Region into two new regions (Kavango East and

Kavango West) and the renaming of two regions (Caprivi to Zambezi and Karas to //Karas).

Cases:
Shingenge v Hamunyela 2004 NR 1 (HC) (whilst not dealing with the statute, this case is relevant to

communal land; it concerns an actio rei vindictio in respect of fencing material used in a fence

erected on communal land)

Uvhungu-Vhungu Farm Development CC v Minister of Agriculture, Water and Forestry 2009 (1) NR

89 (HC) (whilst not dealing with the statute, this case is relevant to communal land; it concerns

a successful application for mandament van spolie by a party occupying communal land in terms

of an agreement with government)

Hikumwah & Others v Nelumbu & Others 2015 (4) NR 955 (HC) (brief discussion of appointment in

terms of section 4(1) and removals in terms of section 6(3) at paras 158-162, but issue had

become moot and was therefore not decided by court); overturned on appeal in Nelumbu &

Others v Hikumwah & Others 2017 (2) NR 433 (SC) without discussion of this issue

Mashahu & Others v Katima Mulilo Town Council & Others 2016 (2) NR 586 (HC) (person claiming

customary land right must identify category of right under section 21; impact of establishment

of local authority under section 15(2); section 28)

Kashela v Katima Mulilo Town Council & Others 2018 (4) NR 1160 (SC) (effect of Art 16 and Schedule

5(3) of the Namibian Constitution on communal land rights)

Naango & Others v Kalekela & Others 2017 (1) NR 66 (HC) (sections 17 and 18(a); illegal fencing of

portion of communal area)

MM v VT 2017 (3) NR 743 (HC) (customary land right under section 28 is a personal right akin to a

usufruct that endures for the natural life of the right-holder; no provision for joint allocation of

such rights, which do not form part of joint matrimonial estate)

Chairman Ohangwena Communal Land Board NO v Wapulile 2017 (4) NR 1017 (SC) (fencing:

operation of section 18 prohibiting unauthorised fences is suspended only if application for

retention of pre-existing fences has been made under section 28).

Commentary:
Wolfgang Werner, Protection for Women in Namibias Communal Land Reform Act: Is it Working?,

Windhoek: Legal Assistance Centre, 2006, available here

More Security for All Registration of Communal Land in Namibia, DVD, 2008 (available from GIZ

in English and Afrikaans)

Clever Mapaure, Jurisprudential aspects of proclaiming towns in communal areas in Namibia,

Namibia Law Journal, Volume 1, Issue 2, 2009, available here

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31 December 2021 update

Legal Assistance Centre, Guide to the Communal Land Reform Act 5 of 2002, second edition, 2009, 1st

edition and 2nd edition, available here

Ministry of Lands and Resettlement, More Security for All, 2007 (a guide to communal land registration

with an accompanying film)

Willem Odendaal, Elite land grabbing in Namibian communal areas and its impact on subsistence

farmers livelihoods, Windhoek: Legal Assistance Centre, 2011, available here

MO Hinz, Traditional governance and communal conservancies, Namibia Law Journal, Volume 3,

Issue 2, 2011

John Mendelsohn, Louise Shixwameni and Uda Nakamhela, An Overview of Communal Land Tenure

in Namibia: Unlocking its Economic Potential, [2011], available here

Sidney L Harring & Willem Odendaal, God stopped making land!: Land Rights, Conflict and Law in

Namibias Caprivi Region, Windhoek: Legal Assistance Centre, 2012, available here

Wolfgang Werner, What has happened has happened: The Complexity of Fencing in Namibias

Communal Areas, Windhoek: Legal Assistance Centre, 2012, available here.

Wolfgang Werner, Tenure reform in Namibias communal areas, 18 Journal of Namibian Studies 67

(2015)

Manfred O Hinz, Conservancies and communal land rights, Namibia Law Journal, Volume 10, Issue

1, 2018

Tapiwa Victor Warikandwa, Enlarging the place for communal land rights in post-colonial Namibia:

towards cultural citizenship?, Namibia Law Journal, Volume 11, Issue 1, 2019.

Sectional Titles Act 2 of 2009

Summary: This Act (GG 4259) provides for the division of buildings into sections and common

property, and the acquisition of separate ownership in sections coupled with joint ownership in common

property. It repeals the Sectional Titles Act 66 of 1971. It was brought into force on 15 December 2014

by GN 252/2014 (GG 5633).

Regulations: Regulations made under the repealed Act initially survived pursuant to section 61(11) of

this Act, but GN 223/2014 (GG 5604) repealed all the regulations made under the previous Act and their

amendments (if any).

Regulations issued under this Act are contained in GN 223/2014 (GG 5604).

Rules: Rules for sectional titles are contained in GN 224/2014 (GG 5604).

Cases: The following case deals with the Sectional Titles Act 66 of 1971 Trustco Insurance Ltd t/a

Legal Shield Namibia & Another v Deeds Registries Regulation Board & Others 2010 (2) NR 565 (HC),

2011 (2) NR 726 (SC) (regulations setting tariff of fees under section 40 of Act not in violation of Art

21(1)(j) or Art 18 of Constitution).

Flexible Land Tenure Act 4 of 2012

Summary: This Act (GG 4963) creates new forms of land title designed to be simpler and cheaper to

administer than existing forms of land title, and creates mechanisms for the registration of these new

forms of title, which include starter title and land hold title. The Act was brought into force on 31

May 2018 by GN 100/2018 (GG 6607).

Regulations: Flexible Land Tenure Regulations are contained in GN 101/2018 (GG 6607).

Notices: GN 102/2018 (GG 6607) establishes a Land Rights Office in Windhoek, to serve the whole of

Namibia, pursuant to section 4 of the Act.

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31 December 2021 update

Commentary:
Søren Fauerholm Christensen, Wolfgang Werner and Pia Dahl Højgaard, Innovative Land

Surveying and Land Registration in Namibia, Working Paper 93 of the Development Planning

Unit, University College London, 1999, available here

Søren Fauerholm Christensen, The Flexible Land Tenure System The Namibian solution: Bringing

the informal settlers under the register, Expert Group Meeting on secure land tenure: new legal

frameworks and tools, UN-Gigiri in Nairobi, Kenya, 10-12 November 2004, available here

Søren Fauerholm Christensen, The Flexible Land Tenure System The Namibian solution: Bringing

the informal settlers under the register [abbreviated version of 2004 conference paper], GIM

International, 2005, available here

A Place We Want to Call Our Own: A study on land tenure policy and securing housing rights in

Namibia, Legal Assistance Centre, 2005, available here

Charl-Thom Bayer, Namibia-The Failure of Institutions, The Namibian, 3 April 2012, available here

Dr Kennedy Gastorn, Effectiveness of flexible land tenure in unplanned urban areas in the SADC

region: a case study of Tanzania and experiences from Zambia and Namibia, SADC Law

Journal 2013 (1) (available from Juta)

Willem Odendaal, The Flexible Land Tenure System Experience in Namibia: an affordable, secure and

sustainable solution for low-income households?, paper for World Bank Conference on Land

and Poverty, Washington, DC, 24-27 March 2014 (available from Legal Assistance Centre)

Åse Christensen, The new Flexible Land Tenure Act: an update, Document No. 2/2015, Integrated

Land Management Institute (ILMI), Namibia University of Science and Technology (NUST),

October 2015, available here

Elke Matthaei and Prisca Mandimika, The Flexible Land Tenure System in Namibia: Integrating Urban

Land Rights into the National Land Reform Programme, Annual World Bank Conference on

Land and Poverty, Washington, DC, 2015

JD Kennedy Kariseb, Flexible Land Tenure Act 4 of 2012: Is its bark worse than its bite?, Namibia

Law Journal, Volume 8, Issue 1, 2016

Judith Middleton, Leopold von Carlowitz and Hans-Gerd Becker, Land Management as a Vital Basis

for the Implementation of Land Reform in Namibia, Zeitschrift für Geodäsie, Geoinformation

und Landmanagement, 2016, available here

Joe Lewis, Law Reform for Improved Delivery of Land to the Urban Poor in Dunia P Zongwe &

Yvonne Dauseb, eds, The Law Reform and Development Commission of Namibia at 25: A

Quarter Century of Social Carpentry, Ministry of Justice, Law Reform and Development

Commission, 2017, available here

Kennedy Kariseb & Samual K Amoo, Land Security in the midst of flexible land tenure reforms in

Namibia, Namibia Law Journal, Volume 10, Issue 1, 2018.

Urban and Regional Planning Act 5 of 2018

Summary: This Act (GG 6631) consolidates the laws relating to urban and regional planning, and

provides a legal framework for spatial planning. It establishes the Urban and Regional Planning Board,

which replaces the Namibia Planning Advisory Board (NAMPAB) and the Townships Board. It also

covers urban zoning and subdivision, as well as structure plans and the establishment of new townships.

It repeals the Town Planning Ordinance 18 of 1954, the Townships and Division of Land Ordinance 11

of 1963 and the Removal of Restrictions Ordinance 15 of 1975. It was brought into force on 3 September

2020 by GN 222/2020 (GG 7327).
The Act neglects to repeal the Townships and Division of Land Amendment Act 21 of 1998 (GG 1948)

or Government Notice 63 of 1999 (GG 2083), both of which amend the Townships and Division of Land

Ordinance 11 of 1963, but these amendments would have no ongoing effect on their own.

Regulations: The Act contains a savings clause. Section 132(2) of the Act provides that, unless

otherwise provided in the Act, any regulation issued under any of the repealed laws must be regarded as

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31 December 2021 update

having been issued in terms of the corresponding provision of this Act. Note that the Removal of

Restrictions Ordinance 15 of 1975 made no provision for regulations.

Regulations are issued in terms of this Act in GN 223/2020 (GG 7327). These regulations repeal the

following regulations:

· Townships Board regulations in GN 165/1973, dated 15 September 1973;

· Town Planning regulations in GN 102/1974, dated 1 June 1974;

· regulations relating to fees charged under the Township and Division of Land Ordinance 11
of 1963, in GN 10/2008 (GG 3983);

· regulations relating to fees charged under the Town Planning Ordinance 18 of 1954, in GN
11/2008 (GG 3983).

Notices: Section 132(2) of the Act provides that, unless otherwise provided in the Act, any notice, rule,

authorisation, appointment or other act done under any of the repealed laws must be regarded as having

been done in terms of the corresponding provision of this Act.

Notices relating to specific townships and zoning schemes have not been recorded. Notices regarding

specific requests for rezoning, subdivision or consent use are also not recorded here.

Appointments: Members of the Urban and Regional Planning Board are announced in GN 196/2021

(GG 7636).

Cases: The following cases concern the Town Planning Ordinance 18 of 1954

Grobbelaar & Another v Walvis Bay Municipality & Another 1997 NR 259 (HC)

Municipal Council of Windhoek v Claudia Properties CC & Another 2015 (1) NR 248 (HC).

The following cases concern the Windhoek Town Planning Scheme prepared in terms of the Town

Planning Ordinance 18 of 1954, and which remains in place in terms of section 133(1) of the Act

Ohlthaver & List Finance & Trading Corporation Ltd & Others v Minister of Regional and

Local Government and Housing & Others 1996 NR 213 (SC)

Roland & Others v Chairperson of the Council of the Municipality of Windhoek & Others 2013

(1) NR 12 (HC) (to avoid anomalies, court reading proviso to Regulation 29B(1)(c) of

Windhoek Building Regulations, which defines ground storey and so assists

application of clause 21(3) of Windhoek Town Planning Scheme, to read any adjoining

pavement instead of the adjoining pavement); upheld on appeal on different

reasoning in Chairperson, Council of the Municipality of Windhoek, & Others v Roland

& Others 2014 (1) NR 247 (SC) (clause 21 of Windhoek Town Planning Scheme;

clause 21(3) required council to approve building plans of more than two storeys in a

residential area after considering stipulated criteria, which did not take place; High

Court erred in relying on Regulation 29B(1)(c) of Windhoek Building Regulations to

govern meaning of clause 21(3); Reg 29B(6) of Windhoek Building Regulations not

relevant)

Municipal Council of Windhoek v Claudia Properties CC & Another 2015 (1) NR 248 (HC).

The following case concerns the Swakopmund Town Planning Amendment Scheme No 12 prepared

in terms of the Town Planning Ordinance 18 of 1954, and which remains in place in terms of section

133(1) of the Act

Village Hotel (Pty) Ltd v Chairperson of the Council for the Municipality of Swakopmund &

Others 2015 (3) NR 643 (SC).

The following case concerns the Townships and Division of Land Ordinance 11 of 1963

Erongo Regional Council v Wlotzkasbaken Home Owners Association 2009 (1) NR 252 (SC)

(discussion of township development process applied to Wlotzkasbaken).

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31 December 2021 update

COMMISSIONS
Commission of Inquiry into Claims of Ancestral Land Rights and Restitution (Proc 5/2019, GG 6858).