Local Authorities Act, 1992

Act 23 of 1992

This is the latest version of this Act.
Citation
Act 23 of 1992
Date
Language
English
Type
Act
Publication
Download PDF (4.0 MB)
Related documents
Coat of Arms

Local Authorities Act, 1992

Act 23 of 1992

  1. [Amended by Establishment of certain areas as the areas of Local Authorities and declaration thereof as Villages (Proclamation 27 of 1992) on 15 September 1992]
  2. [Amended by Establishment of certain areas as the areas of Local Authorities and declaration thereof as Towns (Proclamation 28 of 1992) on 15 September 1992]
  3. [Amended by Abolishment of certain Village Councils and declaration of the areas thereof as settlement areas (Proclamation 22 of 1993) on 8 September 1993]
  4. [Amended by Establishment of an area of a local authority and declaration thereof as a municipality (Proclamation 16 of 1994) on 10 June 1994]
  5. [Amended by Registration of Deeds in Rehoboth Amendment Act, 1994 (Act 35 of 1994) on 13 December 1994]
  6. [Amended by Abolishment of certain Village Councils and declaration of the areas thereof as settlement areas (Proclamation 1 of 1996) on 2 January 1996]
  7. [Amended by Abolishment of the Aus Village Council and declaration of the area thereof as a settlement area (Proclamation 6 of 1996) on 2 January 1996]
  8. [Amended by Local Authorities Amendment Act, 1997 (Act 3 of 1997) on 21 June 1997]
  9. [Amended by Establishment of certain areas as the areas of Local Authorities and declaration thereof as towns (Proclamation 14 of 1997) on 1 September 1997]
  10. [Amended by Increase of the number of members of the municipal councils of Swakopmund and Windhoek: Local Authorities Act, 1992 (Proclamation 22 of 1997) on 23 October 1997]
  11. [Amended by Local Authorities Second Amendment Act, 1997 (Act 14 of 1997) on 2 December 1997]
  12. [Amended by Local Authorities Amendment Act, 2000 (Act 24 of 2000) on 15 February 2001]
  13. [Amended by Local Authorities Amendment Act, 2002 (Act 17 of 2002) on 15 February 2003]
  14. [Amended by Electoral Amendment Act, 2003 (Act 7 of 2003) on 8 July 2003]
  15. [Amended by Establishment of certain area as area of local authority and declaration thereof as town: Local Authorities Act, 1992 (Government Notice 194 of 2003) on 1 September 2003]
  16. [Amended by Local Authorities Amendment Act, 2003 (Act 27 of 2003) on 31 December 2003]
  17. [Amended by Establishment of a certain area as the area of a local authority and declaration thereof as a town (Government Notice 233 of 2004) on 1 November 2004]
  18. [Amended by Establishment of a certain area as the area of a local authority and declaration thereof as a village (Government Notice 234 of 2004) on 1 November 2004]
  19. [Amended by Local Authorities Amendment Act, 2004 (Act 14 of 2004) on 27 November 2004]
  20. [Amended by Establishment of a certain area as the area of a local authority and declaration of that area as a village (Government Notice 70 of 2005) on 1 July 2005]
  21. [Amended by Establishment of a certain area as the area of a local authority and the declaration of that area as a town (Government Notice 155 of 2006) on 15 September 2006]
  22. [Amended by Electoral Amendment Act, 2006 (Act 4 of 2006) on 28 December 2006]
  23. [Amended by Establishment of certain area as area of local authority and declaration of that area as town: Local Authorities Act, 1992 (Government Notice 4 of 2008) on 9 January 2008]
  24. [Amended by Local Authorities Amendment Act, 2009 (Act 1 of 2009) on 13 May 2009]
  25. [Amended by Alteration of declaration of local authorities: Local Authorities Act, 1992 (Government Notice 193 of 2010) on 1 September 2010]
  26. [Amended by Establishment of a certain area as the area of a local authority and declaration thereof as a village (Government Notice 6 of 2011) on 15 February 2011]
  27. [Amended by Establishment of certain area as area of local authority and declaration thereof as town: Local Authorities Act, 1992 (Government Notice 130 of 2011) on 1 August 2011]
  28. [Amended by Establishment of certain area as area of local authority and declaration of that area as a village: Local Authorities Act, 1992 (Government Notice 225 of 2013) on 15 August 2013]
  29. [Amended by Establishment of certain area as local authority area and declaration thereof as Divundu Village: Local Authorities Act, 1992 (Government Notice 54 of 2015) on 30 April 2015]
  30. [Amended by Establishment of certain area as local authority area and declaration thereof as Okongo Village: Local Authorities Act, 1992 (Government Notice 56 of 2015) on 30 April 2015]
  31. [Amended by Establishment of certain area as local authority area and declaration thereof as Oniipa Town: Local Authorities Act, 1992 (Government Notice 59 of 2015) on 30 April 2015]
  32. [Amended by Establishment of certain area as local authority area and declaration thereof as Tsandi Village: Local Authorities Act, 1992 (Government Notice 61 of 2015) on 30 April 2015]
  33. [Amended by Local Authorities Amendment Act, 2018 (Act 3 of 2018) on 24 April 2018]
  34. [Amended by Water Resources Management Act, 2013 (Act 11 of 2013) on 29 August 2023]
[The Act is also amended by the Water Resources Management Act 11 of 2013 (GG 5367). However, that Act has not yet been brought into force, so the amendments made by it are not reflected here.]ACTTo provide for the determination, for purposes of local government, of local authority councils; the establishment of such local authority councils; and to define the powers, duties and functions of local authority councils; and to provide for incidental matters.BE IT ENACTED by the National Assembly of the Republic of Namibia, as follows:-[Act 24 of 2000 amends the Act throughout to substitute -
“other staff members” for “other officers or employees”
“other staff members” for “other officers and employees”
“other staff member” for “other officer or employee”
“a staff member” for “an officer or employee”
“a staff member or staff members” for “an officer or officers”
“staff member or staff members” for “officer or officers”.]

INTRODUCTORY PROVISIONS

1. Definitions

In this Act, unless the context indicates otherwise-“approved township” means an approved township as defined in section 1of the Townships and Division of Land Ordinance, 1963 (Ordinance 11 of 1963);“buildings” include-(a)any structure, whether of a permanent or temporary nature, constructed or used for the housing or accommodation of human beings or animals, birds or bees, or for the storage, manufacture or sale of any goods or for the destruction or treatment of refuse of any kind;(b)a wall of at least 1,2 metres in height, swimming bath, reservoir, tower, bridge, chimney, mast, summerhouse or hothouse or any structure appurtenant thereto;(c)any boundary fence or wall;“charitable institution” means a charitable institution as defined in section 1, and registered under section 37, of the Sales Tax Act, 1992 (Act 5 of 1992);[The Sales Tax Act 5 of 1992 has been replaced by the Value-Added Tax Act 10 of 2000.]“chief executive officer” means a town clerk or a village secretary;“combined private sewer” means a conduit constructed for purposes of conveying to a public sewer, cesspit or other receptacle the sewage from two or more private sewers, and includes anything connected therewith;[definition of “delimitation commission” inserted by Act 24 of 2000 and deleted by Act 17 of 2002.]“deputy mayor” means a deputy mayor of a municipality or town elected in terms of section 11;“election”, in relation to an election for members of local authority councils conducted in accordance with the provisions of the Electoral Act, 1992 (Act No. 24 of 1992), means such election irrespective whether a poll is conducted or not;[The definition of “election” is inserted by Act 4 of 2006. The Electoral Act 24 of 1992 has been replaced by the Electoral Act 5 of 2014.]“establishment” means the posts created for the normal and regular permanent requirements of any local authority council;[definition of “establishment” inserted by Act 24 of 2000]“financial year” means the financial year referred to in section 82;“first time buyer” means a person who is not an owner of any other property in that particular local authority area;[definition of “first time buyer” inserted by section 1(a) of Act 3 of 2018]“immovable property” means any land or any improvement on such land, and includes land and a unit as defined in sections 1, 5 and 54 of the Sectional Title Act, 2009 (Act No. 2 of 2009);[definition of “immovable property” substituted by section 1(b) of Act 3 of 2018]“improvements”, in relation to immovable property, shall, for purposes of Parts XIV and XV, include storage tanks, but exclude any machinery or equipment, whether or not permanently fixed or attached to such immovable property;[definition of “improvements” substituted by section 1(c) of Act 3 of 2018]“local authority council” means any municipal council, town council or village council;“local authority area” means the area declared under section 3 to be a municipality, town or village, as the case may be, or deemed to be so declared;“magistrate of the district” includes any additional magistrate or assistant magistrate designated by the magistrate of the district;[definition of “magistrate of the district” substituted for definition of “magistrate” by Act 24 of 2000]“main valuation roll” means the main valuation roll referred to in section 72;“management committee” means the management committee of a municipal council or a town council established by section 21;[definition of “management committee” amended by Act 24 of 2000; the amendment markings are incomplete]“mayor” means the mayor of a municipality or town elected in terms of section 11;“Minister” means the Minister responsible for local government affairs;[definition of “Minister” amended by Act 24 of 2000 and substituted by section 1(d) of Act 3 of 2018]“municipal council” means a municipal council referred to in paragraph (a) of section 6(1);“municipality” means a municipality declared as such under section 3(1) or deemed to have been so declared under section 3(5)(a)(i);[definition of “municipality” amended by Act 24 of 2000 and by Act 17 of 2002; the amendment markings in Act 24 of 2000 are incorrect]“municipal police service” means a municipal police service referred to in section 43C of the Police Act, 1990 (Act No. 19 of 1990);[The definition of “municipal police service” is inserted by Act 14 of 2004. The definition should appear above the definition of “municipality” to be in correct alphabetical order]“owner” in relation to immovable property, means the person in whose name such land is registered, or-(a)if such person-(i)is deceased, means the executor in the estate of such person;(ii)is a person whose estate has been sequestrated, means the trustee in the insolvent estate of such person;(iii)is under any legal disability, means the legal representative of such person;(iv)is a person who is absent from Namibia or whose whereabouts are unknown, includes the authorized representative of such person in Namibia;(v)is a company which has been wound up, means the liquidator of such person;(b)if such immovable property-(i)has been leased under a lease, whether registered or not, for a period of 50 years or longer, means its lessee;(ii)is occupied by virtue of a servitude or under any other real right in such immovable property, means its occupier;(iii)has been attached in terms of an order of a court, includes the sheriff, deputy-sheriff or messenger of the court by whom such immovable property has been so attached;(iv)vests in the Government of Namibia, a regional council or a local authority council -(aa)which has been leased under a lease which contains an option in favour of a lessee to purchase, immovable property so leased, means the lessee who has exercised such option;(bb)which has been purchased by any person, but which has not yet been registered in his or her name, means such person;“party list” means a list of candidates referred to in section 68(1) of the Electoral Act, 1992 (Act No. 24 of 1992);[The definition of “party list” is inserted by Act 17 of 2002 and amended by Act 7 of 2003. The Electoral Act 24 of 1992 has been replaced by the Electoral Act 5 of 2014.]“prescribed” means prescribed by regulation made under section 94;“private sewer” means a conduit for purposes of conveying to a combined private sewer, public sewer, cesspit or other receptable the sewage from one immovable property and includes anything connected therewith;[The word “receptacle” is misspelt in the Government Gazette, as reproduced above.]“provisional valuation roll” means the provisional valuation roll prepared in terms of section 67(1);“public nuisances” includes any action which is likely to injure the safety, health, peace or convenience of residents in a local authority area, including excessive noise caused by any means whatsoever, the firing of grass, the burning of rubbish and the carrying on of any activity which causes a stench or which is otherwise objectionable;“public place” means any square, garden, park, recreation ground, show ground, rest camp or other open or enclosed space intended for the use, enjoyment or benefit of residents in a local authority area;“public sewer” means a conduit acquired or constructed by a local authority council for purposes of conveying sewage discharged or intended to be discharged from private sewers and combined private sewers and of sewage effluent, and includes any pipe, manhole, chamber, ventilation shaft, ejector, sluice or anything connected therewith;“rateable property” means any immovable property situated within a local authority area, except any-(a)land of which the ownership and control vests in the Government of Namibia or a regional council and on which no buildings have been constructed or other improvements have been effected;(b)fixed improvement, other than a dwelling, of which the ownership vests in the Government of Namibia or a regional council and which is used or occupied for public purposes, including the land on which any such fixed improvement is actually constructed and any other land actually occupied for purposes of such fixed improvement;(c)immovable property used exclusively as-(i)a place of worship registered with a local authority on conditions prescribed by the Minister;(ii)a school or hostel other than a school or hostel which has been established and is maintained and managed by any person for profit or gain whether directly or indirectly;(iii)a library or museum which has been established and is maintained and managed by the State; or(iv)a hospital, an institution as defined in section 1 of the Mental Health Act, 1973 (Act No. 18 of 1973), an institution for the care of juveniles or similar institution aided by the State or any charitable institution;(d)any immovable property of which the ownership vests in a local authority council; or(e)any immovable property which has been, exempted from the payment of rates in terms of section 75 or any other law;[definition of “rateable property” substituted by section 1(e) of Act 3 of 2018]“regional council” means a regional council established by section 2 of the Regional Councils Act, 1992;[The Regional Councils Act is Act 22 of 1992.]“regulation” means a regulation made under this Act;[definition of “regulation” inserted by Act 24 of 2000]“sanitary convenience” means a urinal, water closet or other convenience of such nature;“sewage works” includes any reservoir, tank, strainer, filter bed, engine, pump, machinery, land, building or such other works (except sewers) as may be necessary to treat and dispose of sewage;“sewer” means a public sewer, private sewer or combined private sewer;“staff member” means any person employed permanently or temporarily on a full-time or part-time basis or under a contract of employment, in a post on or additional to the establishment of a local authority council, and includes a chief executive officer and, except as otherwise provided in section 94C, the members of a municipal police service;[definition of “staff member” inserted by Act 24 of 2000 and amended by Act 14 of 2004]“stormwater drain” means a conduit acquired or constructed by a local authority council for purposes of conveying stormwater, and includes anything connected therewith;“street” means any road, thoroughfare, pavement, sidewalk, lane or other right of way set apart for the use and benefit of residents in a local authority area;“this Act” includes any regulation made under this Act;“town” means a town declared as such under section 3(1) or deemed to be so declared under section 3(5)(a)(ii);[definition of “town” amended by Act 24 of 2000; the amendment markings are incomplete]“town clerk” means the town clerk of a municipal council or town council appointed in terms of section 27(1)(a);“town council” means a town council referred to in paragraph (b) of section 6(1);“townlands” means the land within a local authority area situated outside the boundaries of any approved township which has been set aside for the mutual benefit of the residents in its area, and for purposes of pasturage, water supply, aerodromes, explosive magazines, sanitary and refuse deposits or other public purposes or the extension of such township or the establishment of other approved townships;“valuer” means a professional valuer as defined in section 1 of the Property Valuers Profession Act, 2012 (Act No. 7 of 2012).[definition of “valuer” substituted by section 1(f) of Act 3 of 2018]“village” means a village declared as such under section 3(1) or deemed to have been so declared under section 3(5)(a)(iii);[definition of “village” amended by Act 24 of 2000 and by Act 17 of 2002; the amendment markings in Act 24 of 2000 are incomplete]“village council” means a village council referred to in paragraph (c) of section 6(1);“village secretary” means the village secretary of a village council appointed in terms of section 27(1)(a);“water-main” includes any conduit, pipeline, valve, valve chamber, meter, meter-house, break-pressure tank, scour chamber, scour pipe, culvert, cut, bridge, tunnel or such other thing as may be necessary in connection with such water-main;“waterworks” includes any weir, well, borehole, watercourse, dam, pumping station, reservoir, tank, sluice, pipeline, machinery, building, land or such other works as may be necessary to take, impound, discharge, store, treat or filter water or to maintain or carry on any such waterworks.

Part I – DETERMINATION AND ESTABLISHMENT OF LOCAL AUTHORITY COUNCILS

2. Determination of local authority councils

For purposes of local government, as contemplated in Chapter 12 of the Namibian Constitution, there shall be local authority councils in respect of-
(a)municipalities;
(b)towns;
(c)villages,
the areas of which are declared as such under section 3 or deemed to have been so declared.

2A. ***

[section 2A inserted by Act 24 of 2000 and deleted by Act 17 of 2002]

3. Declaration of areas of local authorities as municipalities, towns or villages, and existing municipalities

(1)Subject to the provisions of this section, the Minister may from time to time by notice in the Gazette establish any area specified in such notice as the area of a local authority, and declare such area to be a municipality, town or village under the name specified in such notice.[subsection (1) amended by Act 24 of 2000]
(2)The Minister shall not declare any area referred to in subsection (1) to be-[introductory phrase of subsection (1) amended by Act 24 of 2000]
(a)a municipality, unless-
(i)an approved township exists in such area;
(ii)its municipal council will in the opinion of the Minister be able-[introductory phrase of subparagraph (ii) amended by Act 24 of 2000]
(aa)to exercise and perform the powers, duties and functions conferred and imposed upon a municipal council m terms of the provisions of this Act;
(bb)to pay out of its own funds its debts incurred in the exercise and performance of such powers, duties and functions;
(cc)to comply with all its other liabilities and obligations so incurred;
(b)a town, unless-
(i)an approved township exists in such area or a town exists in such area which in his or her opinion complies with the requirements of an approved township;
(ii)its town council will in the opinion of the Minister be able-[introductory phrase of subparagraph (ii) amended by Act 24 of 2000]
(aa)to exercise and perform the powers, duties and functions conferred and imposed upon a town council in terms of the provisions of this Act;
(bb)to pay, whether with or without any financial or other assistance by the Government of Namibia or any regional council, out of its funds its debts incurred in the exercise and performance of such powers, duties and functions;
(cc)to comply, whether with or without any such assistance, with all its other liabilities and obligations so incurred;
(c)a village, unless-
(i)it consists of a community which in the opinion of the Minister is in need of the services which are required to be rendered or may be rendered in terms of the provisions of this Act by a village council;
(ii)its village council will in the opinion of the Minister be able to exercise and perform, whether with or without any assistance by the Government of Namibia or any regional council or other local authority council, the powers, duties and functions conferred and imposed upon a village council in terms of the provisions of this Act.
[paragraph (c) amended by Act 24 of 2000]
(3)
(a)If the area of any township or village management area established or purporting to have been established by or under any law on the establishment of townships or village management boards on communal land is, in terms of subsection (1), declared to be, or, in terms of subsection (5), deemed to have been declared to be, a municipality, town or village, the assets used in relation to such township or village management area and all rights, liabilities and obligations connected with such assets shall vest in the municipal council, town council or village council of such municipality, town or village, as the case may be, to such extent and as from such date as may be determined by the Minister.
(b)The registrar of deeds shall, in the case of any asset referred to in paragraph (a) consisting of immovable property which vests by virtue of the provisions of that subsection in a municipal council, town council or village council, upon production to him or her of the deed of any such immovable property, endorse such deed to the effect that the immovable property described therein vests in that municipal council, town council or village council and shall make the necessary entries in his or her registers, and thereupon that deed shall serve and avail for all purposes as proof of the title of that municipal council, town council or village council.
(c)No transfer duty, stamp duty or any other fee or charge shall be payable in respect of any endorsement or entry referred to in paragraph (b).
(d)Notwithstanding the declaration of any township or village management area under paragraph (a) to be a municipality, town or village, any provision of any law referred to in that paragraph which relates to any matter which may be determined or prescribed under any provision of this Act shall be deemed to have been so determined or prescribed.
(e)Anything done under any law referred to in paragraph (a) by or in relation to a township or village management area so referred to which may be done under any corresponding provision of this Act, shall be deemed to have been done in relation to such municipality, town or village, as the case may be, under such corresponding provision.
(4)A notice referred to in subsection (1) shall-
(a)in the case of a notice declaring an area to be a municipality or town, determine, subject to the provisions of section 6, the number of members out of which the municipal council or town council of such municipality or town shall consist;
(b)in the case of a notice declaring an area to be a municipality or a town, amend or substitute Schedule 1 or Schedule 2, as the case may be, so as to include such municipality or town and the number of members of the municipal council or town council referred to in paragraph (a);
(c)in the case of a notice declaring an area to be a village, amend or substitute Schedule 3 so as to include such village;
(d)come into operation on the date on which an election referred to in subsection (4A) takes place.
[subsection (4) amended by Act 24 of 2000]
(4A)The President shall determine, after a notice referred to in subsection (4)(a),(b) or (c), as the case may be, has been published, by proclamation in the Gazette a date on which an election of members of the municipal council, town council or village council concerned, as the case may be, shall take place.[subsection (4A) inserted by Act 24 of 2000]
(5)
(a)As from the date fixed in terms of subarticle (5) of Article 137 of the Namibian Constitution-
(i)every municipality which existed immediately before the commencement of this Act and which is specified in column 2 of Part I or II of Schedule 1 shall be deemed to have been declared to be a municipality;
(ii)every town specified in column 2 of Schedule 2 shall be deemed to have been declared to be a town;
(iii)every village specified in column 2 of Schedule 3 shall be deemed to have been declared to be a village,
under subsection (1) in respect of the area of which the boundaries have been determined by the first Delimitation Commission, and established in terms of subarticle (4) of the said Article 137 by the President by Proclamation 6 of 1992, and the number of members of the municipal council of such municipality specified in column 3 of Schedule 1, and of the town council of such town specified in column 3 of Schedule 2 shall be deemed to have been determined by the Minister under section 6.[paragraph (a) amended by Act 24 of 2000]
(b)As from the date referred to in paragraph (a), the assets, liabilities, rights and obligations which vested in an existing municipality referred to in subparagraph (i) of that paragraph, shall continue to vest in the municipal council of a municipality deemed to have been so declared, and any reference in any law or document, including any deed, to such existing municipality or the council of any such municipality, shall be construed as a reference to the municipal council of such municipality.

4. Alteration of declaration of local authorities

(1)Subject to the provisions of this Act, the Minister may from time to time by notice in the Gazette by way of the repeal, amendment or substitution of a notice issued under section 3, or of a proclamation issued under that section before its amendment by the Local Authorities Amendment Act, 2000-[introductory phrase of subsection (1) amended by Act 24 of 2000]
(a)alter a declaration made under subsection (1) of that section;
(b)alter the boundaries of any local authority area by excluding any portion from its area or by adding any area thereto;
(c)combine the areas of any two or more local authorities so as to form one local authority area;
(d)increase or decrease the number of members of a municipal council or town council;
(e)include any part of the area of any local authority which is contiguous to the area of any other local authority so as to form part of the area of such last-mentioned local authority;
(f)alter the name of such local authority;
(g)delete the name of a municipality referred to in Part II of Schedule 1 and include such name in Part I of that Schedule, or delete the name of a municipality referred to in Part I of that Schedule and include such name in Part II of that Schedule.
(2)A notice referred to in subsection (1)-
(a)shall, if such notice affects the constitution of a local authority council, come into operation in relation to the next general election for members of local authority councils held after the date on which the notice is published and not earlier;
(b)may in addition, if the areas of two or more local authorities are combined under paragraph (c) of subsection (1) or where any part of the area of any local authority has been included in the area of any other local authority under paragraph (e) of that subsection, provide -
(i)that anything done under this Act by or in respect of the local authority council specified in such notice, shall, after its area has been combined with the area of any other local authority or any portion of its area has been included in the area of any other local authority, subject to the limitations, qualifications and conditions, if any, as may be so specified, be deemed to have been done by or in respect of such other local authority council;
(ii)that the assets, liabilities, rights and obligations of the local authority council in respect of which its area has been combined with the area of any other local authority or which has been included in the area of any other local authority shall, subject to the limitations, qualifications and conditions, if any, as may be so specified, as from a date specified in such notice, vest in any other local authority council as may be so specified;
(iii)that any person who immediately before the commencement of such notice held an appointment as officer or employee of a particular local authority council shall, as from such commencement and subject to such conditions and in accordance with such directives as may be contained in such notice, be appointed by any other local authority council specified in such notice.
[subsection (2) amended by Act 24 of 2000; the amendment markings are incomplete]
(3)
(a)The registrar of deeds shall, in the case of any asset referred to in subparagraph (ii) of paragraph (b) of subsection (2) consisting of immovable property which vests by virtue of the provisions of that subparagraph in a local authority council, upon production to him or her of the deed of any such immovable property, endorse such deed to the effect that the immovable property described therein vests in that local authority council and shall make the necessary entries in his or her registers, and thereupon that deed shall serve and avail for all purposes as proof of the title of that local authority council.
(b)No transfer duty, stamp duty or any other fee or charge shall be payable in respect of any endorsement or entry referred to in paragraph (a).
(4)If the Minister intends to alter the area of a local authority under subsection (1), he or she may direct the local authority council in question to cause a survey by a land surveyor of any area determined by the Minister to be carried out at its own expense, and if that local authority council fails to comply with that direction within a reasonable period the Minister may cause that survey to be carried out and may recover the costs thereof from the local authority council.[subsection (4) amended by Act 24 of 2000]
(5)
(a)The Minister may, at any time abolish any village council by notice in the Gazette if, in the opinion of the Minister, the requirements contemplated in paragraph (c) of section 3(2) have ceased to exist in respect of the village governed by such village council.[paragraph (a) amended by Act 24 of 2000]
(b)Notwithstanding the provisions of any other law, a notice referred to in paragraph (a) may provide for the declaration of the area of the village council so abolished to be a settlement area as defined in section 1 of the Regional Councils Act, 1992, whereupon the provisions of section 31(2) of that Act shall apply mutatis mutandis and to the extent determined in such notice, in respect of the settlement area so declared and the regional council of the region within which it is situated, as if such village council were a township or village management board as contemplated in paragraph (a) of the said section 31(2), and as if the reference to the laws contemplated in that paragraph were a reference to this Act.
[paragraph (b) amended by Act 24 of 2000]
(6)A notice referred to in subsection (1) or (5) shall amend or substitute Schedules 1, 2 and 3, as the case may be, so as to bring those Schedules in line with the alterations or abolishment effected in terms of those subsections.[subsection (6) amended by Act 24 of 2000]

5. ***

[section 5 substituted by Act 3 of 1997, amended by Act 24 of 2000, and deleted by Act 17 of 2002]

6. Governing bodies of local authorities

(1)The affairs of-
(a)a municipality shall be governed by a municipal council consisting of such number of members, but not less than seven and not more than 15, as may be determined and specified by the Minister in the notice establishing the municipality;[paragraph (a) amended by Act 24 of 2000]
(b)a town shall be governed by a town council consisting of such number of members, but not less than seven and not more than 12, as may be determined and specified by the Minister in the notice establishing the town;[paragraph (b) amended by Act 24 of 2000]
(c)a village shall be governed by a village council, which shall consist-
(i)until such time as the third general elections for members of local authority councils are held in accordance with section 8, of seven members; and
(ii)with effect from the date of such third general elections, of five members,
to be elected at elections in accordance with the provisions of subsection (2).
(2)The members of a local authority council shall be elected on party lists at a general election to be held in accordance with the provisions of section 8 or at any election in respect of a new local authority established at any time after any general election.[subsection (2) substituted by Act 17 of 2002]
(3)A municipal council, town council and village council shall under its name be a juristic person.
(4)For the purposes of any election contemplated in subsection (2), each party list shall contain as candidates for such election-[introductory phrase of subsection (4) amended by Act 17 of 2002]
(a)in the case of a municipal council or town council consisting of 10 or fewer members or a village council, the names of at least three female persons;
(b)in the case of a municipal council or town council consisting of 11 or more members, the names of at least five female persons.
[section 6 substituted by Act 3 of 1997]

Part II – QUALIFICATIONS OF, AND DATES FOR ELECTIONS FOR, MEMBERS OF LOCAL AUTHORITY COUNCILS, AND MEETINGS OF LOCAL AUTHORITY COUNCILS

7. Qualifications of members of local authority councils

(1)Subject to the provisions of Article 17(2) of the Namibian Constitution, no person shall be qualified to be a member of a local authority council-
(a)unless he or she is qualified to vote, and is registered, in terms of the laws governing elections for members of local authority councils, as a voter, at an election for members of such a local authority council;
(b)if he or she is a person contemplated in paragraphs (a) to (d) of Article 47(1) of the Namibian Constitution.
(2)Notwithstanding anything to the contrary contained in any law, but subject to the provisions of subsection (3), any officer or employee of a local authority council may accept nomination as candidate for election as a member of such local authority council, but shall, if he or she is elected as such a member, be deemed to have resigned from the service of such local authority council with effect from the date on which he or she is so elected.
(3)A remunerated member of the public service, contemplated in paragraph (e) of Article 47(1) of the Namibian Constitution, who has been nominated as candidate for election as a member of a local authority council shall be deemed to be on leave until the date on which such election takes place as if such leave were granted to him or her in terms of the laws governing the conditions of employment of members of such public service or any agreement governing the conditions of employment of such member, as the case may be.
(4)Any person who is in terms of the provisions of the Namibian Constitution and this section disqualified to be a member of a local authority council and who, while he or she is so disqualified and knowing or having reasonable grounds for knowing that he or she is so disqualified, sits as a member of such local authority council, shall be liable to a penalty of R500 for each day on which he or she so sits, which may be recovered by such local authority council by action in any competent court for the benefit of the funds of such local authority council.

8. Dates for elections for members of the local authority councils

A general election for members of local authority councils shall be held not later than 30 November 2010, on a date determined by the President by proclamation in the Gazette, and thereafter at intervals not exceeding five years on a date so determined.[section 8 amended by Act 14 of 1997, substituted by Act 17 of 2002, amended by Act 27 of 2003 and substituted by Act 1 of 2009]

9. Periods of office of members of local authority councils

A member of a local authority council shall, subject to the provisions of section 13(1), hold office as such a member-
(a)from the date on which he or she is elected as such a member; and
(b)until the date immediately before the date on which the next election under section 8 is held in respect of that local authority council,
but shall remain in office until the new members have made and subscribed to the oath of office and assumed duties.[section 9 substituted by section 2 of Act 3 of 2018]

10. Oath by, and code of conduct for, members of local authority councils

(1)Every member of a local authority council shall, before assuming his or her duties, make and subscribe before the magistrate referred to in section 12 or, if such member assumes his or her duties after a chairperson has been elected, the chairperson of the local authority council, an oath in the following form:I, A.B., do hereby swear and solemnly and sincerely promise to be faithful to the Republic of Namibia, to uphold and defend the Namibian Constitution and the laws of the Republic of Namibia and to perform my duties as member of the local authority council of ____________________________________________________ diligently, honestly, fairly and to the best of my ability.So help me God.
(2)A member of a local authority council may, in lieu of an oath, make and subscribe a solemn affirmation in corresponding form.
(3)The Minister may from time to time by notice in the Gazette prescribe a code of conduct for members of local authority councils.
(4)A code of conduct referred to in subsection (3) may provide for-
(a)the application of a sanction, by way of-
(i)a suspension of the right to attend meetings of a local authority council or a management committee for a period not exceeding 30 days;
(ii)the forfeiture of any allowance or other benefit or any allowance and any other benefit contemplated in section 18(1) for a period not exceeding 30 days against a member of a local authority council who contravenes or fails to comply with any provision of such code of conduct; or
(iii)the forfeiture or pro rata forfeiture of any allowance or other benefit or any allowance and any other benefit contemplated in section 18(1) for a failure to attend a scheduled local authority council or management committee meetings without notice to the chairperson of council of the intended absence or without approval or condonation of such absence by the council or management committee; and
[paragraph (a) substituted by section 3 of Act 3 of 2018]
(b)the procedure to be followed before such a sanction may be applied by a local authority council against a member thereof.
[subsection (4) inserted by Act 24 of 2000]

11. Mayors and deputy mayors of municipalities or towns and chairpersons of local authority councils

(1)A local authority council shall elect in the manner provided in section 12 from amongst its members-
(a)in the case of a municipal council or a town council, one person as mayor and another person as deputy mayor of the municipality or town in question, shall in each case be the chairperson and vice-chairperson of the municipal council or town council concerned;[paragraph (a) amended by Act 24 of 2000]
(b)in the case of a village council, one person as chairperson and another person as vice-chairperson of such village council.
(2)The election of a mayor, deputy mayor, chairperson and vice-chairperson of a local authority council shall be held-
(a)in the case of the first such election after a general election of members of local authority councils or a first election for members of a new local authority council, at the first meeting of such local authority council held after such general elections or such first election before it proceeds to the dispatch of any other business;
(b)in the case where the office of the mayor or the deputy mayor or the chairperson or vice-chairperson becomes vacant before the expiration of his or her period of office by reason of the death of such mayor or deputy mayor or chairperson or vice-chairperson or the vacation by him or her of his or her office for any other reason, on a date not later than the first meeting of such local authority council after the office so became vacant;
(c)in the case of the expiration of the period of office of the mayor or deputy mayor or chairperson or vice-chairperson of a local authority council elected in an election held in terms of paragraph (a) or (b), on a date within a period of 30 days before the date on which the period of office of the mayor or deputy mayor or chairperson or vice-chairperson of a local authority council so elected expires.
(3)When the mayor or chairperson of a local authority council is absent or is unable to exercise and perform his or her powers, duties and functions as such mayor or such chairperson, the deputy mayor or vice-chairperson, shall act as mayor or chairperson, as the case may be, during the absence or incapacity of such mayor or chairperson, and if both such mayor or deputy mayor or chairperson shall act as mayor or chairperson, as the case exercise and perform the powers, duties and functions of mayor or chairperson, the local authority council may elect any other member to act as mayor or chairperson, as the case may be, during such absence or incapacity.
(4)
(a)Subject to the provisions of paragraph (b) of this subsection, the mayor and deputy mayor and the chairperson and vice-chairperson of a local authority council shall hold office for a period of one year or, in the case of a mayor or deputy mayor or chairperson or vice-chairperson elected in an election held in terms of paragraph (b) of subsection (2), for the unexpired portion of the period of office for which his or her predecessor has been elected, but shall be eligible for re-election.
(b)The mayor or deputy mayor or chairperson or vice-chairperson shall vacate his or her office-
(i)if he or she ceases to be a member of the local authority council;
(ii)if the local authority council resolves by a majority of all its members that it has no confidence in such mayor or deputy mayor or chairperson or vice-chairperson,
and may resign his or her office by writing under his or her hand addressed and delivered to the chief executive officer.
(5)The mayor of a municipal council or town council shall in respect of the municipal council or town council concerned-
(a)be the principal head and, in consultation with the municipal council or town council concerned-
(i)initiate and formulate planning and development policies;
(ii)initiate promotion for the creation of employment in its local authority area; and
(iii)closely monitor the implementation of the policies contemplated in subparagraph (i);
(b)have supervisory powers regarding the planning and execution of all development programmes and projects;
(c)be accountable to the inhabitants of the local authority area regarding any matter referred to in paragraph (a) or (b);
(d)in consultation with the municipal council or town council concerned, investigate and endeavour to solve, any issue pertaining to the local authority area concerned; and
(e)be responsible for the promotion and creation of the social well-being of the inhabitants of the local authority area concerned.
[subsection (5) inserted by Act 24 of 2000]

12. Manner of elections for mayors and deputy mayors of municipalities or towns and chairpersons of local authority councils

(1)The magistrate of the district in which a local authority area is situated shall for purposes of the provisions of this section preside at a meeting of a local authority council during which the election of the mayor, deputy mayor, chairperson and vice-chairperson is held, and during such meeting no debate shall be allowed.[subsection (1) amended by Act 24 of 2000; the amendment markings are incomplete]
(2)A member of a local authority council, having first obtained the willingness by any instrument in writing of a member whom he or she wishes to propose as the mayor or deputy mayor or the chairperson or vice-chairperson to serve if elected, may upon the submission of such instrument so propose such member, but the proposal shall lapse if it is not seconded.
(3)A member of a local authority council who has already proposed or seconded a candidate for election as the mayor or deputy mayor or the chairperson or vice-chairperson may not propose or second any other such candidate and a member may not propose or second his or her own candidature.[subsection (3) amended by Act 24 of 2000]
(4)If only one candidate is proposed and seconded, he or she shall be declared duly elected by the magistrate presiding at the meeting.
(5)
(a)If more than one candidate is proposed and seconded, a vote shall be taken by secret ballot.
(b)At any voting by secret ballot in terms of paragraph (a)-
(i)the magistrate presiding at the meeting shall issue to each member present a ballot paper bearing the names of the candidates and, on the reverse side thereof, an official mark;
(ii)a member shall record his or her vote by placing a cross on the ballot paper opposite the name of the candidate for whom he or she wishes to vote, and shall fold the ballot paper in such a manner that the cross placed on it by him or her is not visible;
(iii)the magistrate presiding at the meeting shall call the name of each member, whereupon the member concerned shall proceed to the place where the ballot box is situated and there place his or her ballot paper, folded as aforesaid, into the ballot box;
(iv)as soon as every member who wishes to vote has done so, the magistrate presiding at the meeting shall examine the ballot papers and determine the number of votes cast for each candidate, and shall announce the result of the voting.
(6)The magistrate presiding at the meeting shall declare the candidate in whose favour the greater or greatest number of votes are recorded duly elected: Provided that the number of votes so recorded shall not be less than the majority of all the members of the local authority council.
(7)If due to an equality of votes or to the proviso to subsection (6), no candidate is declared duly elected as contemplated in that subsection, the meeting shall be adjourned on one occasion to a time during that day or the next day determined by the magistrate presiding at such meeting after consultation with the members of the local authority council present at such meeting, whereupon at such an adjourned meeting a further vote shall be taken in accordance with the provisions of subsection (8).
(8)
(a)At an adjourned meeting contemplated m subsection (7)-
(i)the magistrate presiding at such meeting shall call for nominations in respect of any vacancy to be filled;
(ii)a member of the local authority council shall have the right to propose a member of the local authority council in respect of each such vacancy mutatis mutandis in accordance with the provisions of subsections (2) and (3).
(b)If only one candidate is proposed and seconded, he or she shall be declared duly elected by the magistrate presiding at the meeting.
(c)If more than one candidate is proposed and seconded, a vote shall be taken mutatis mutandis in accordance with the provisions of subsection (5).
(d)The magistrate presiding at the meeting shall declare the candidate in whose favour the greater or greatest number of votes are recorded duly elected.
(e)If two or more candidates have received the same number of votes the candidate to be elected shall be determined by lot.

13. Vacation of office by members of local authority councils, and filling of casual vacancies

(1)A member of a local authority council shall vacate his or her office if he or she-
(a)becomes disqualified to be a member of a local authority council;
(b)is convicted of-
(i)any offence in terms of section 19(3) or 20(2);
(ii)any offence which corruption or dishonesty is an element; or
(iii)any offence in respect of which he or she is sentenced to imprisonment without the option of a fine, whether or not such imprisonment is suspended;
(c)ceases to be a member of the political party, association or organization which nominated him or her for election;
(d)is absent, without the leave of the local authority council or, if authorized thereto by the local authority council, the chairperson of the local authority council, from three consecutive meetings of the local authority council, and his or her absence is not condoned by the local authority council;
(e)is removed from office under subsection (2);
(f)by notice in writing addressed to the chief executive officer, resigns as member of the local authority council;[paragraph (f) substituted by section 4(a) of Act 3 of 2018.]
(g)is withdrawn by the political party, association or organization which nominated him or her for election;[paragraph (g) substituted by section 4(a) of Act 3 of 2018.]
(h)ceases to reside or only temporarily resides within the local authority area after having been elected as member of such local authority council.[paragraph (h) inserted by section 4(b) of Act 3 of 2018.]
(1A)The Minister may suspend, by notice in writing, any member of a local authority council from office if, on the recommendation of the local authority council concerned and after having given such member an opportunity to be heard, the Minister is satisfied that-
(a)an offence is being investigated against such member;
(b)a contravention of any provision of a code of conduct prescribed under section 10(3) is being investigated against such member, and a member may be so suspended from office notwithstanding-
(i)any sanction prescribed by the code of conduct under section 10(4); or
(ii)the fact that such a sanction may in the particular case have been applied by the local authority council against the member for such contravention.
[subsection (1A) inserted by section 4(c) of Act 3 of 2018.]
(2)
(a)The Minister may remove by notice in writing any member of a local authority council from office, if, on recommendation of the local authority council concerned the Minister is satisfied that such member is found guilty of an offence or a contravention of any provision of a code of conduct prescribed under section 10(3), and a member may be so removed from office notwithstanding-
(i)any sanction prescribed by the code of conduct under section 10(4); or
(ii)the fact that such a sanction may in the particular case have been applied by the local authority council against the member for such contravention.
[paragraph (a) substituted by section 4(d) of Act 3 of 2018.]
(b)A member of a local authority council who has been removed from office under paragraph (a), shall not be eligible for re-nomination until a period equal to at least one term of office has expired.
(3)When a member of a local authority council has vacated his or her office as such a member in terms of this section or has died, the chief executive officer shall forthwith by notice in the Gazette give notice that a vacancy in the membership of the local authority council has occurred, the date on which it occurred and the cause thereof.
(4)
(a)Subject to the provisions of paragraph (b), a casual vacancy in a local authority council shall be filled within three months after it has occurred by the nomination by the political party, association or organization which nominated the member who has vacated his or her office, of any person on the election list compiled by that party, association or organization in respect of the previous election of the local authority council, or by nominating any member of that party, association or organization.
(b)A casual vacancy which occurs within three months of the date on which the period of office of the member who has vacated his or her office expires, shall not be filled until the next general election for members of local authority councils.
[section 13 amended by Act 24 of 2000 and substituted by Act 17 of 2002]

14. Meetings of local authority councils

(1)
(a)The first meeting of a local authority council after a general election for members of local authority councils or a first election for members of a new local authority council shall be held at such places situated within its area, and time, being a date not later than seven days after such general election or such first election, as may be determined by the Minister, and meetings thereafter shall be held at such places, so situated, and such times, as may from time to time be determined by the chief executive officer, but not less than 10 times in every year reckoned from the first day of January and at intervals of not more than 10 weeks.
(b)The chairperson of the local authority council or, if, and for so long as, the office of chairperson is vacant, the chief executive officer may at any time or, at a request in writing signed by not less than half of the members of the local authority council, shall within 14 days after receipt of such request, convene a special meeting of the local authority council.
(c)A notice signed by the chief executive officer and containing the time, date and place of, and the matters to be dealt with at, every meeting of the local authority council shall be delivered to every member of the local authority council so as to reach such member at least 72 hours before such meeting.
(2)
(a)Every meeting of a local authority council shall be open to the public, except on any matter relating to-
(i)the appointment, promotion, conditions of employment and discipline of any particular officer or employee of a local authority council;
(ii)any offer to be made by the local authority council by way of tender or otherwise for the purchase of any property;
(iii)the institution of any legal proceedings by, or opposition of any legal proceedings instituted against, a local authority council,
unless the local authority council by a majority of at least two-thirds of its members present at the meeting in question determines such meeting to be so open.
(b)The local authority council may allow the chief executive officer or any other staff member of the local authority council or other interested person to attend any proceedings of the local authority council, and to take part in any such proceedings, but the chief executive officer or such other staff member or person shall not have the right to vote in respect of any decision of the local authority council.
(3)The majority of the members of a local authority council shall form a quorum for a meeting of the local authority council.
(4)
(a)The chairperson of a local authority council or, in his or her absence, the vice-chairperson, shall preside at meetings of the local authority council.
(b)If both the chairperson and vice-chairperson are absent from a meeting of a local authority council, the members present shall elect a person other than a person who is a member of the management committee from amongst its members to preside at such meeting, and such person shall, while he or she so presides, have all the powers and shall perform all the duties and functions of the chairperson of the local authority council.
(5)The decision of the majority of the members of a local authority council present at a meeting thereof shall constitute a decision of the local authority council, and, in the event of an equality of votes relating to any matter, the member presiding at the meeting shall have a casting vote in addition to his or her deliberative vote.
(6)
(a)A local authority council may make standing rules in connection with the convening and holding of, and procedure at, meetings of the local authority council or any committee established by the local authority council, including the conditions on which a language other than the official language may be used by a member during discussions at meetings of the local authority council.
(b)The Minister shall as soon as possible after the commencement of this Act make standing rules contemplated in paragraph (a) which shall apply in respect of every local authority council until such time as a local authority council by any standing rules made under that paragraph provides otherwise.
(c)Standing rules made in terms of this subsection may provide for-
(i)the application of a sanction by way of a suspension of the right to attend meetings of a local authority council or a management committee for a period not exceeding one month, against a member of a local authority council who contravenes or fails to comply with any provision of such standing rules; and
(ii)the procedure to be followed before such a sanction may be applied by a local authority council against a member thereof.
[paragraph (c) inserted by Act 24 of 2000]
(7)
(a)Subject to the provisions of any rules made under subsection (6), there shall be freedom of speech and debate in any meeting of a local authority council.
(b)No member of a local authority council shall be subject to any legal proceedings by reason of his or her speech or vote in any meeting of the local authority council.

15. Minutes of meetings

(1)The chief executive officer or, if he or she is absent from a meeting of the local authority council, the chairperson shall cause minutes to be kept in the official language of all proceedings at meetings of the local authority council, and the chief executive officer shall cause such minutes to be entered in one or more books kept by the chief executive officer for that purpose.
(2)The chief executive officer shall within seven days of any confirmation in accordance with the provisions of subsection (3) of any minutes of a meeting of the local authority council or such longer period as the Minister may allow, submit a copy of the confirmed minutes of such meeting to the Minister, together with a copy of the agenda of such meeting and any other connected documents or reports as may be required by the Minister.[subsection (2) substituted by Act 17 of 2002]
(3)The minutes of the proceedings at any meeting of a local authority council shall be submitted at the next ordinary meeting of the local authority council for confirmation under the signature of the chairperson and the chief executive officer.
(4)Any document purporting to be certified by or on behalf of the chief executive officer as a true copy of or extract from any minutes of a meeting of the local authority council shall on its mere production by any person at any judicial proceedings be evidence of the taking place of anything which according to that document took place at that meeting.

16. Inspection of, copies of and extracts from, minutes

(1)The minutes of a meeting of a local authority council as confirmed in accordance with the provisions of section 15(3), excluding the minutes or part of such minutes relating to any matter referred to in section 14(2)(a) considered during a period during which a meeting of the local authority council was not open to the public, shall during ordinary office hours be available for inspection by any person.
(2)A local authority council shall at the request of any person and on payment of an amount determined by the local authority council, furnish such person with a copy of or extract from the minutes which may be inspected by such person under subsection (1).

17. Validity of certain decisions taken by local authority councils and acts performed on authority of local authority councils

(1)No decision taken by a local authority council or act performed under the authority of a local council shall be invalid by reason only of a vacancy or of the fact that a person who is not entitled to sit as a member of a local authority council sat as such a member at the time when the decision was taken or the act was authorized, if the decision was taken or the act was authorized by the requisite majority of the members who were present at the time and entitled to sit as members.
(2)No irregularity in the election of any person as a member of a local authority council or of a member as chairperson of a local authority council shall affect the validity of an act performed by such person or member under a provision of this Act or on the authority of the local authority council.
(3)For the purpose of this section “local authority council” shall include its management committee.

18. Remuneration, allowances and benefits of members of local authority councils

(1)Subject to subsection (2) and to such conditions as the Minister may impose, a municipal council, a town council or a village council may pay or provide to its members such remuneration, allowances and other benefits as the council may determine.[subsection (1) substituted by section 5 of Act 3 of 2018.]
(2)Any remuneration, allowances or other benefits paid or provided by a municipal council, a town council or a village council in terms of subsection (1) may not exceed such remuneration, allowances or other benefits as the Minister may from time to time determine in respect of such council.[subsection (2) substituted by section 5 of Act 3 of 2018.]
(3)Any remuneration, allowances or other benefits determined under subsection (1) or (2) may differ in respect of different members of local authority councils according to -
(a)the different offices held by them in the local authority council;
(b)the different powers, duties and functions exercised or performed by them from time to time.
(4)A local authority council may indemnify its members in respect of any harm, damage or loss suffered by them in the course of the exercise or performance of their powers, duties and functions.

19. Contracts with, and work for, local authority councils in which members are interested

(1)If-
(a)a member of a local authority council; or
(b)any other person-
(i)who is related to such member, whether by affinity or consanguinity;
(ii)who is a member of the household of such member;
(iii)with whom such member is in terms of the traditional laws and customs a partner in a customary union; or
(iv)who is a partner, agent or business associate of such member,
is materially interested or intends to become so interested in any contract which the local authority council in question has entered into or considers entering into or in any other matter administered by or under the control of such local authority council, such member shall forthwith and in writing -
(i)table full particulars of the nature and extent of his or her interest or intended interest; or
(ii)disclose his or her relation to any such person who is so interested or intends to become so interested, to the extent known to him or her,
at a meeting of the local authority council.[subsection (1) amended by Act 24 of 2000]
(2)No member of a local authority council shall in his or her capacity of such a member be present if and when any vote takes place at any meeting of the local authority council in connection with any contract or matter referred to in subsection (1).
(3)Any member of a local authority council who contravenes or fails to comply with the provisions of subsection (1) or (2), shall be guilty of an offence and be liable on conviction to a fine not exceeding R4 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.
(4)No contract entered into or other act done by or on the authority of a local authority council or any member thereof, shall be invalid merely by reason of a contravention of or failure to comply with any provision of subsection (1) or (2), but any such contract or act may, on application by the local authority council concerned, be declared invalid by any competent court on account of any such contravention of failure.

20. Prohibited practices in respect of members of local authority councils

(1)A member of a local authority council shall not accept any commission, remuneration or reward from any person other than the local authority council for or in connection with the performance or non-performance of his or her powers, duties and functions as such a member or in connection with any transaction to which the local authority council is a party.
(2)Any member of a local authority council who contravenes or fails to comply with the provisions of subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding R8 000 or to imprisonment for a period of two years or to both such fine and such imprisonment.
(3)Any member of a local authority council who has accepted any commission, remuneration or reward in contravention of the provisions of subsection (1) shall pay to the local authority council an amount equal to the amount of such commission, remuneration or reward together with an amount equal to an amount calculated at the percentage of a rate of interest prescribed in terms of section 1(2) of the Prescribed Rate of Interest Act, 1975 (Act 55 of 1975), on such amount, or where it did not consist of money, the value thereof as determined by the local authority council.

Part III – MANAGEMENT COMMITTEES OF LOCAL AUTHORITY COUNCILS

21. Management committees of municipal and town councils

(1)Every municipal council and every town council shall elect, in the manner provided for in section 22, from amongst its members, other than the mayor and deputy mayor, who shall be ex officio members of the management committee, a management committee which shall consist of-
(a)three members, in the case of a municipal council or town council constituted of nine or fewer members;
(b)four members, in the case of a municipal council or town council constituted of ten members;
(c)five members, in the case of a municipal council or town council constituted of 11 or more members.
(2)An election of members of a management committee shall be held-
(a)in the case of a newly constituted municipal council or town council, at its first meeting referred to in section 11(2)(a), and immediately following the election of its chairperson and vice-chairperson at that meeting;
(b)in the case of the election of a member to fill a casual vacancy occurring on a management committee, at the first meeting of the municipal council or town council held after that vacancy occurred;
(c)in the case of the expiration of the period of office of a member of a management committee elected in an election held in terms of paragraph (a) or (b), on a date within a period of 30 days before the date on which the period of office of the member concerned so elected expires.
(3)A member of a management committee shall, subject to the provisions of section 23, hold office in that capacity for a period of one year, excluding a member elected in terms of subsection (2)(b) who shall hold office for the unexpired period of the term of office of the member whom he or she succeeds.
(4)A municipal council or town council may, at the annual election of the members of its management committee, elect from its number an additional member to serve temporarily as a member of the management committee if a quorum of the management committee would otherwise not be obtainable by reason of the absence or incapacity of any of its members, and such additional member shall, while so serving, be deemed to be a member of the management committee.[section 21 substituted by Act 24 of 2000]

22. Manner of elections for members of management committees

(1)The magistrate of the district in which the area of a municipal council or town council is situated shall for purposes of the provisions of this section preside at a meeting of that municipal council or town council during which the election of members of its management committee is held, and during such meeting no debate shall be allowed.[subsection (1) amended by Act 24 of 2000]
(2)At a meeting referred to in subsection (1), any member of the municipal council or town council concerned may propose, in respect of each vacancy to be filled on the management committee, not more than one member of that municipal council or town council for election as a member of its management committee, provided the member making the proposal submits to the magistrate presiding at the meeting a written instrument signed by the member who is proposed in which he or she signifies his or her acceptance of the proposal, but the proposal shall lapse if it is not seconded at the meeting.[subsection (2) substituted by Act 24 of 2000]
(3)A member may not propose or second his or her own candidature.
(4)If not more candidates than the number of vacancies to be filled are proposed and seconded, such candidates shall be declared duly elected by the magistrate presiding at the meeting.
(5)
(a)If more candidates than the number of vacancies to be filled are proposed and seconded, a vote shall be taken by secret ballot, each member having one vote in respect of each vacancy.
(b)At any voting by secret ballot in terms of paragraph (a)-
(i)the magistrate presiding at the meeting shall issue to each member present a ballot paper bearing the names of the candidates and, on the reverse side thereof, an official mark;
(ii)a member shall record his or her vote by placing a cross on the ballot paper opposite the name or names of the candidate or candidates for whom he or she wishes to vote, and shall fold the ballot paper in such a manner that the cross placed on it by him or her is not visible;
(iii)the magistrate presiding at the meeting shall call the name of each member, whereupon the member concerned shall proceed to the place where the ballot box is situated and there place his or her ballot paper, folded as aforesaid, into the ballot box;
(iv)as soon as every member who wishes to vote has done so, the magistrate presiding at the meeting shall examine the ballot papers and determine the number of votes cast for each candidate, and shall announce the result of the voting.
(6)The magistrate presiding at the meeting referred to in subsection (1) shall declare the candidates equal to the number of vacancies to be filled and in whose favour the greater or greatest number of votes are recorded duly elected: Provided that the number of votes so recorded in respect of each such candidate shall not be less than the majority of all the members of the municipal council or town council concerned.[subsection (6) amended by Act 24 of 2000]
(7)If due to an equality of votes or to the proviso to subsection (6), the number of candidates declared duly elected as contemplated in that subsection are less than the number of vacancies to be filled, the meeting shall be adjourned on one occasion to a time during that day or the next day determined by the magistrate presiding at such meeting after consultation with the members of the municipal council or town councilpresent at such meeting, whereupon at such an adjourned meeting a further vote shall be taken in accordance with the provisions of subsection (8).[subsection (7) amended by Act 24 of 2000]
(8)
(a)At an adjourned meeting contemplated in subsection (7)-
(i)the magistrate presiding at such meeting shall call for nominations in respect of any vacancy to be filled;
(ii)a member of the municipal council or town council, as the case may be, shall have the right to propose a member of the council concerned in respect of each such vacancy mutatis mutandis in accordance with the provisions of subsections (2) and (3).
[subparagraph (ii) amended by Act 24 of 2000]
(b)If not more candidates than the number of vacancies to be filled are proposed and seconded such candidates shall be declared duly elected by the magistrate presiding at the meeting.
(c)If more candidates than the number of vacancies to be filled are proposed and seconded, a vote shall be taken mutatis mutandis in accordance with the provisions of subsection (5).
(d)The magistrate presiding at the meeting shall declare the candidates equal to the number of vacancies to be filled and in whose favour the greater or greatest number of votes are recorded duly elected.
(e)If two or more candidates have received the same number of votes, the candidate to be elected shall be determined by lot.

23. Vacation of office by members of management committees

A member of a management committee shall vacate his or her office as such a member-
(a)if he or she ceases to be a member of the municipal council or town council;
(b)if he or she is absent, without the leave of the management committee or, if the management committee has authorised the chairperson of the management committee to grant leave to members thereof, without the leave of the chairperson of the management committee, from three consecutive meetings of the management committee and his or her absence is not condoned by the management committee;
(c)if the municipal council or town council resolves by a majority of all its members that it has no confidence in such member;
(d)if in the case of an ex officio member of a management committee, he or she ceases to be the mayor or deputy mayor of the municipal council or town council concerned;
(e)if he or she by notice in writing addressed and delivered to the chief executive officer, resigns as a member of the management committee.
[section 23 amended by Act 24 of 2000 and by Act 17 of 2002; the amendment markings in Act 24 of 2000 are incomplete]

24. Meetings of management committees

(1)Subject to any rules made under subsection (4), meetings of a management committee, excluding the meeting referred to in section 25(1), shall be held at such places and times as may from time to time be determined by the chief executive officer.[subsection (1) amended by Act 24 of 2000]
(1A)The ex officio members of a management committee shall have no voting rights at any meeting of such management committee.[subsection (1A) inserted by Act 17 of 2002]
(2)The majority of the members of a management committee having voting rights shall form a quorum for a meeting of the management committee.[subsection (2) amended by Act 17 of 2002]
(3)The decision of the majority of the members of the management committee present at a meeting thereof and entitled to vote shall be a decision of the management committee, and, in the event of an equality of votes relating to any matter, the person presiding at such meeting shall have a casting vote in addition to his or her deliberative vote.[subsection (3) amended by Act 17 of 2002]
(4)A management committee may make rules in connection with the convening and holding of, and procedure at, meetings of the management committee.

25. Chairpersons of management committees

(1)A management committee of a municipal council or town council shall immediately after having been constituted as contemplated in section 21, and thereafter as the occasion arises, meet to elect from among its members other than its ex officio members one person as chairperson of the management committee.
(2)The mayor of the municipal council or town council concerned shall preside at any meeting during which the election of the chairperson of a management committee is held and shall, notwithstanding the provisions of section 24, in the event of a deadlock in such election due to an equality of votes, have a casting vote which he or she shall exercise to break the deadlock.
(3)Any person elected as chairperson in terms of subsection (1) shall, subject to the provisions of section 23, hold office as such for the unexpired period of his or her term of office as member of the management committee.
(4)The chairperson of a management committee or, in his or her absence or incapacity, such other person as the members present at a meeting may, with due regard to subsection (1), elect, shall preside at meetings of the management committee.[Section 25 is substituted by Act 24 of 2000 and by Act 17 of 2002.][Section 10(2) of Act 17 of 2002 provides the following transitional provision:][“Notwithstanding the amendments effected by subsection (1), section 25 of the principal Act, as in force and applicable immediately prior to the said amendments, shall continue to apply to a management committee of a municipal council or town council, but only until the constitution of any such committee at the first election of the members of such committee to be held after the commencement of this Act.”]

26. Powers, duties and functions of management committees

(1)A management committee shall be required-
(a)to ensure that the decisions of the local authority council are carried out;
(b)to consider any matter entrusted to the local authority council by virtue of any provisions of this Act or any other law in order to advise the local authority council on such matter;
(c)to prepare and compile for the approval of the local authority council the estimates and supplementary estimates of revenue and expenditure of the local authority council;
(d)to control the expenditure of moneys voted by the local authority council in its approved estimates and additional estimates and all other moneys or funds made available to the local authority council;
(e)to report at meetings of the local authority council on the exercise of the powers and the performance of the duties and functions of the management committee;
(f)to exercise any power conferred upon the management committee under any provision of this Act or any other law;
(g)to exercise any power of the local authority council delegated to the management committee by the local authority council under section 31,
and may establish from time to time such committees as it may deem necessary to advise it on the exercise of any of its powers or the performance of any of its duties and functions and may appoint such members of the management committee or such other persons as it may deem fit to be members of such committees.
(2)A management committee may at any time in writing request a local authority council to reconsider any decision referred to in paragraph (a) of subsection (1) with due regard to such facts or other considerations as may be set out in such request.

Part IV – CHIEF EXECUTIVE OFFICERS AND OTHER STAFF MEMBERS OF LOCAL AUTHORITY COUNCILS

27. Appointment of town clerks of municipal councils and town councils, village secretaries of village councils and other staff members of local authority councils

(1)Subject to the provisions of this section and of any regulations made under section 94A(l)(d)-[introductory phrase of subsection (1) amended by Act 17 of 2002]
(a)a municipal council or a town council on the recommendation of its management committee, or a village council, with the prior written approval of the Minister, shall appoint a person as the town clerk of such municipal council or town council, or the village secretary of such village council, who shall-
(i)in each case, be the chief executive officer of the local authority council; and
(ii)subject to the control and directions of the local authority council, be responsible for the carrying out of the decisions of the local authority council and for the administration of the affairs of the local authority council;
[paragraph (a) substituted by section 6 of Act 3 of 2018.]
(b)the power to appoint other staff members of the local authority council in posts on the fixed establishment of the local authority council, as approved by it, and as may be considered necessary for the performance of the work incidental to the functions of the local authority council, shall vest-
(i)in the case of a municipal council or town council, in the management committee;
(ii)in the case of a village council, in the village council.
[paragraph (b) substituted by Act 24 of 2000]
(c)a local authority council may-
(i)with the approval of the Minister make such personnel rules as may be necessary in connection with the discipline, discharge or suspension of its chief executive officer or other staff members appointed under paragraph (b);
(ii)
(aa)train its chief executive officer or other staff members or cause them to be trained, indemnify them in respect of any harm, damage or loss suffered by them in the course of the performance of their duties and functions;
(bb)in the case of the municipal council of a municipality referred to in Part I of Schedule 1, after consultation with the Minister, and, in the case of the municipal council of a municipality referred to in Part II of Schedule 1 or a town council or village council, with the approval of the Minister, determine the remuneration of and provide or give pension and other benefits and housing facilities or benefits for or to its chief executive officer or other staff members and make personnel rules in connection therewith after such consultation or with such approval, as the case may be;
(iii)from time to time on such conditions and against such security as it may deem fit-
(aa)provide collateral security, including guarantees, to a financial institution in respect of a loan granted to its chief executive officer or other staff members by that financial institution, to enable such chief executive officer or officers or employees to acquire, improve or enlarge immovable property for residential purposes;[The phrase “officers or employees” should probably be “staff members”, although this is not technically covered by the global substitution of similar phrases made by Act 24 of 2000.]
(bb)build, cause to be built, purchase or rent houses, flats or flat buildings for occupation by its chief executive officer or other staff members, and sell or let any such house or flat to such chief executive officer or officers or employees, or otherwise dispose of, let or otherwise deal with such houses, flats or flat buildings;[The phrase “officers or employees” should probably be “staff members”, although this is not technically covered by the global substitution of similar phrases made by Act 24 of 2000.]
(cc)establish, institute or maintain sports or recreational societies, social and health services, hostels, bursary schemes for purposes of study or other similar undertakings or schemes which in its opinion may be beneficial to its chief executive officer of other staff members.
(2)
(a)No person shall be appointed under subsection (1) as a chief executive officer, unless he or she is a Namibian citizen.
(b)The Minister may from time to time determine that, in respect of any such post on the fixed establishment of a local authority council as may be specified by him or her, no person shall be appointed in such post unless it has been advertised in such manner and for such period as may be so determined by the Minister.
(3)
(a)Subject to the provisions of section 29-
(i)
(aa)a person who is appointed as a chief executive officer or a staff member of a local authority council who is promoted to the office of chief executive officer, shall occupy that office for a period of five years from the date of his or her appointment or promotion;[Section 18(2) of Act 24 of 2000 provides the following transitional provision: “The provisions of section 27(3)(a)(i)(aa) as amended by subsection (1)(b) of this section [to change the term of office] shall not be construed as affecting any right of any person serving as a chief executive officer immediately prior to the amendment concerned.”]
(bb)a town clerk who is deemed to have been appointed as town clerk of a municipal council in terms of subsection (6)(a), shall occupy that office for a period of two years.
(ii)a period of office referred to in subparagraph (i) may, subject to the provisions of paragraph (b), be extended at the expiry thereof for a further period or successive periods as contemplated in that subparagraph.
(b)
(i)The local authority council shall in writing inform the chief executive officer concerned at least three calendar months before the expiry of the period contemplated in paragraph (a)(i) or any previously extended period contemplated in paragraph (a)(ii) of its intention to retain him or her in service for an extended term, or not.
(ii)If the local authority council so informs the chief executive officer of its intention to retain him or her in service for an extended term, he or she shall in writing inform the local authority council within one month from the date of that communication of his or her acceptance or not of that extended employment.
(iii)If the local authority council does not inform the chief executive officer of its intention within the period contemplated in subparagraph (i), the chief executive officer shall in a submission in writing on the agenda of the next following meeting of the local authority council inform that council of the requirements of subparagraph (i).
(iv)A local authority council shall upon receipt of a submission in terms of subparagraph (iii) consider and decide thereon within a period of one month after receipt thereof, and the chairperson of the local authority council concerned shall within a further period of not more than seven days after such decision inform the chief executive officer in writing of its intention as contemplated in subparagraph (i), and if the local authority council concerned fails to do so, it shall be deemed that a notice had been given to the chief executive officer that he or she is retained in service for an extended term.
(v)The provisions of subparagraph (ii) shall apply mutatis mutandis in respect of a notice given or deemed to have been given in terms of subparagraph (iv).
[Subsection (3) is amended by Act 24 of 2000, including the insertion of paragraphs (b)(ii)-(iv). The misspelling of “calendar” in paragraph (b)(i) of the original Act is corrected without being indicated by amendment markings]
(4)When the chief executive officer is absent or is unable to exercise his or her powers or to perform his or her duties or functions, or the office of chief executive officer is vacant, the powers, duties and functions of the chief executive officer shall be exercised or performed by a staff member of the local authority council designated by the management committee, or the village council, as the case may be, for that purpose.[subsection (4) amended by Act 24 of 2000]
(5)The powers conferred and the duties and functions imposed upon a chief executive officer by or under the provisions of this Act or any other law may be exercised or performed by the chief executive officer personally or, except in so far as the chief executive officer otherwise determines, by any officer or employee referred to in subsection (1)(b) engaged in carrying out such provisions under the direction and control of the chief executive officer.
(6)
(a)Subject to the provisions of subsection (3)(a)(i)(bb), any person holding on the date immediately before the date fixed in terms of Article 137(5) of the Namibian Constitution office as town clerk or other staff member of a municipality referred to in section 3(5) by virtue of an appointment made in terms of the Municipal Ordinance, 1963(Ordinance 13 of 1963), shall be deemed to have been appointed, in terms of subsection (1)(a) or (b), as town clerk or other staff member, as the case may be, of the municipal council in question on conditions of employment which are not less favourable than any conditions of employment which applied to such person immediately before the date so fixed.
(b)A person referred to in paragraph (a) holding the office of town clerk whose period of office is not extended as contemplated in subsection (3)(a)(ii) shall be -
(i)entitled to be appointed in terms of paragraph (b) of subsection (1) as a staff member of such municipal council in a post on the fixed establishment of such municipal council or in a post additional to such fixed establishment;
(ii)appointed on conditions of employment which are not less favourable than the conditions of employment which applied to such person on the date of the expiration of his or her appointment by virtue of the provisions of paragraph (a) of this subsection.

28. Departments

(1)A local authority council may for the effective carrying out of its powers, duties and functions establish in its administration two or more departments and charge each department with such duties and functions as may be determined by the local authority council.
(2)A local authority council shall for each department established by it under subsection (1) designate a staff member appointed under section 27 as the head of such department.
(3)A head of a department designated under subsection (2) shall be responsible for the administration of the department in respect of which he or she has so been designated and shall perform his or her duties and functions subject to the control and directions of the chief executive officer.
(4)Any department which existed on the date immediately before the date fixed in terms of Article 137(5) of the Namibian Constitution in respect of a municipality referred to in section 3(5) by virtue of an establishment in terms of the Municipal Ordinance, 1963 (Ordinance 13 of 1963), shall be deemed to have been established in terms of subsection (1).

29. Discharge of chief executive officers and other staff members of local authority councils

(1)The power to discharge the chief executive officer or other staff members of a local authority council shall vest-
(a)in the local authority council in the case of-
(i)the chief executive officer, with the prior written approval of the Minister; or
(ii)a head of a department referred to in section 28;
[paragraph (a) substituted by section 7(a) of Act 3 of 2018]
(b)in the case of any other staff member of a municipal council or town council, in the management committee;
(c)in the case of any other staff member of a village council, in the village council.
[subsection (1) amended by Act 24 of 2000, including the insertion of paragraph (c)]
(2)
(a)A management committee or a village council may delegate the power conferred upon it by subsection (l)(b) or (c) or (5)(a) to the chief executive officer.[paragraph (a) amended by Act 24 of 2000 and substituted by section 7(b) of Act 3 of 2018]
(b)The references in subsections (5) and (6) to the management committee shall, if the power contemplated in paragraph (a) has been delegated in terms of that paragraph to the chief executive officer, be construed as references to the chief executive officer.
(3)The chief executive officer or any other staff member referred to in subsection (1) may be discharged from the service of the local authority council-
(a)on account of continued ill-health;
(b)owing to the abolition of his or her post or any reduction in or reorganization or readjustment of departments;
(c)on account of unfitness for his or her duties or incapacity to carry out such duties efficiently;
(d)on account of misconduct as provided in the rules referred to in section 27(1)(c).
(4)
(a)A chief executive officer who absents himself or herself from his or her duties without the permission of the management committee or the village council, or any other staff member who absents himself or herself from his or her duties without permission of the chief executive officer-
(i)may be discharged from the service of the local authority council concerned at any time after such absence has continued for a period of seven days; and
(ii)shall, if he or she is not discharged under subparagraph (i) and such absence has continued for a period of 30 days, be deemed to have been discharged from the service of the local authority council concerned on account of misconduct with effect from the date immediately after his or her last day of attendance at his or her last place of duty.
(b)A staff member referred to in paragraph (a) who has been discharged or is deemed to have been discharged in terms of paragraph (a), may be reinstated in service by the local authority council in his or her former or any other post or position on such conditions as may be determined by the local authority council, and after such reinstatement the period of his or her absence from duty shall be deemed to have been absence on vacation leave without pay or leave on such other conditions as may be determined by the local authority council.
[subsection (4) substituted by Act 24 of 2000]
(5)
(a)If a management committee or village council has reason to believe that any staff member in the service of the local authority council, other than the chief executive officer or a head of a department referred to in section 28, is unfit for his or her duties or is incapable of carrying out such duties efficiently, that management committee or village council shall designate a staff member or staff members in the service of the local authority council or a person or persons having knowledge and experience in labour law to inquire into such reasons.[paragraph (a) amended by Act 24 of 2000 (the amendment markings are incomplete) and substituted by section 7(c) of Act 3 of 2018]
(b)A staff member referred to in paragraph (a) shall be notified in writing of an inquiry so referred to, whereupon, such officer or employee shall have the right-
(i)to a written statement setting out the grounds on which he or she is alleged to be unfit for his or her duties or incapable of carrying out such duties efficiently;
(ii)to be present at such inquiry, to be assisted or represented by any other person, to give evidence and, either personally or through a representative-
(aa)to be heard;
(bb)to call witnesses;
(cc)to cross-examine any person called as a witness in support of his or her alleged unfitness or incapability;
(dd)to have access to documents produced in evidence.
(c)
(i)If the staff member or staff members or person or persons conducting the inquiry has found that the staff member concerned is unfit for his or her duties or is incapable of carrying out such duties efficiently and, after affording the staff member concerned an opportunity to make representations in relation to any intended action to be taken against him or her, the staff member or person may recommend to the management committee or village council that-
(aa)the staff member be exonerated from the blame and that no further action be taken in the matter based on the same facts and, where applicable, recommend that the staff member be given an opportunity for training and skill development to improve his or her capacity in carrying out such duties efficiently;
(bb)the staff member be transferred to any other post; or
(cc)the remuneration or grade or both remuneration and grade of the staff member be reduced to a lower remuneration or grade; or
(dd)the staff member be discharged from the service of the local authority council.
(ii)At the conclusion of such inquiry, the staff member concerned shall be notified of the finding of the inquiry.
[paragraph (c) substituted by section 7(d) of Act 3 of 2018]
(d)
(i)If it has been found that the staff member concerned is unfit for his or her duties or is incapable of carrying out such duties efficiently, he or she shall have the right to appeal, within seven days as from the date on which he or she is notified, to the management committee or village council concerned against such finding or such action or both such finding and action.
(ii)A staff member of a local authority council in respect of whom the management committee or the village council has decided to take any action contemplated in subparagraph (c)(i)(bb), (cc) or (dd), shall have the right to appeal-
(aa)in the case of a staff member of a municipal council or town council, to the municipal council or town council concerned;
(bb)in the case of a staff member of a village council, to the Minister.
(iii)The right of appeal referred to in subparagraph (ii) shall be against the finding or the action or both the finding and the action.
(iv)At any appeal in terms of this subsection the appellant shall have the rights provided for in paragraph (b) with the exception of items (bb) and (cc) thereof.
[paragraph (d) substituted by section 7(d) of Act 3 of 2018]
(e)
(i)If a local authority council has reason to believe that the chief executive officer or a head of a department referred to in section 28, is unfit for his or her duties or incapable of carrying them out efficiently, the local authority council may appoint any person or persons to inquire into the reasons so believed.
(ii)An inquiry in terms of subparagraph (i) shall be conducted in accordance with the procedure prescribed in paragraphs (b) and (c)(i) of subsection (5).
(iii)If the person or persons conducting the inquiry has found that the chief executive officer or head of a department is unfit for his or her duties or incapable of carrying them out efficiently, the local authority council, having regard to the documents relating to the finding, and after affording that chief executive officer or head of a department an opportunity to make representations to it, may take any action contemplated in subparagraphs (aa), (bb), (cc) and (dd) of paragraph (d)(i).
(6)
(a)When a staff member in the service of a local authority council is accused of misconduct, the chief executive officer or, if such staff member is employed in a department established under section 28, the head of the department or other staff member designated for that purpose by the chief executive officer or such head may charge such staff member in writing with such misconduct, and the charge shall contain or shall be accompanied by a direction calling upon the staff member charged to deliver within a time period specified in the direction to a person so specified a written admission or denial of the charge and, if he or she so desires, a written explanation regarding the misconduct with which he or she is charged.
(b)A staff member may at any time before or after he or she has been charged under this subsection be suspended from duty on such conditions as may be prescribed in the rules referred to in section 27(1)(c), but a prior written approval of the Minister is required in the case of the chief executive officer.
(c)If the staff member charged admits that he or she is guilty of the charge, he or she shall be deemed to be guilty of misconduct as charged and he or she must be referred to the inquiry committee established under paragraph (d) to consider a recommendation as similarly set out in paragraph (f).
(d)If he or she denies the charge or fails to comply with the direction contemplated in paragraph (a) or admitted the charge under paragraph (c), the management committee or the village council concerned, as the case may be, shall appoint a staff member in the service of the local authority council or a person or persons having knowledge and experience in labour law to inquire into the charge.
(e)At an inquiry in terms of paragraph (d) the staff member charged shall have the right-
(i)to be present at the inquiry, to be assisted or represented by any other person, to give evidence and, either personally or through a representative-
(aa)to be heard;
(bb)to call witnesses;
(cc)to cross-examine any person called as a witness in support of the charge;
(dd)to have access to documents produced in evidence.
(f)
(i)If the staff member charged is found guilty of the charge by the staff member or staff members or person or persons conducting the inquiry, or if he or she admits that he or she is guilty of the charge, the staff member or staff members or person or persons conducting the enquiry shall, after affording the staff member concerned an opportunity to make representations in relation to any intended action to be taken against him or her, recommend to the management committee or village council concerned, as the case may be-
(aa)that no further action be taken in the matter;
(bb)that he or she be cautioned or reprimanded;
(cc)that he or she be transferred to any other post;
(dd)that his or her remuneration or grade or both his or her remuneration and grade be reduced to an extent recommended;
(ee)that any loss or damage occasioned by the misconduct be deducted, either as a single amount or in installments, from his or her salary, which recommendation, if accepted, either as recommended or as may have been amended by the management committee or village council, shall be deemed to be an order of court; or
(ff)that he or she be discharged or called upon to resign from the service of the local authority council from a date to be fixed by the local authority council.
(ii)At the conclusion of the inquiry the staff member charged shall be notified of the finding and the action of the staff member or staff members or person or persons conducting the inquiry.
(g)
(i)If the staff member charged has been found guilty he or she shall have the right to appeal, within seven days as from the date on which he or she is notified of the finding and the action, to the management committee or, in the case of a staff member of a village council, to the village council concerned, as the case may be, against such finding or action or against both such finding and action.
(ii)The management committee or village council concerned, as the case may be, having regard to the documents relating to the finding, take such action as it may, with due regard to such recommendations, deems to be fair and equitable.
(gA)
(i)The staff member concerned shall have the right to appeal, within seven days from the date on which he or she is notified of the finding and the action contemplated in paragraph (g)(ii) against such finding or action or against both such finding and action.
(ii)The right of appeal referred to in subparagraph (i) shall-
(aa)in the case of a staff member of a municipal council or town council, be to the municipal council or town council concerned;
(bb)in the case of a staff member of a village council, be to the Minister.
(gB)At any appeal in terms of this subsection the appellant shall have the rights provided for in paragraph (b), with the exceptions of items (aa), (bb) and (cc) thereof.
[subsection (6) substituted by section 7(e) of Act 3 of 2018]
(7)At any inquiry in terms of subsection (5)(a) or subsection (6)(d) for the misconduct of a staff member charged in terms of subsection (6)(a), the local authority may appoint a legal practitioner enrolled under the Legal Practitioners Act, 1995 (Act No. 15 of 1995), to hold the inquiry, and the guidelines issued under the Labour Act, 2007 (Act No. 11 of 2007) shall be taken into account to determine if legal representation is to be permitted at an inquiry.[subsection (7) inserted by Act 24 of 2000 and substituted by section 7(e) of Act 3 of 2018]
(8)The power conferred in subsections (5)(b)(ii)(bb) and (6)(e)(ii)(bb) to call witnesses shall include, in the case of the local authority council, to subpoena such witnesses, whether in the service of the local authority council or not, and the power to place all witnesses under oath when giving evidence.[subsection (8) inserted by Act 24 of 2000]
(9)For the purposes of subsection (8), sections 51 and 112 of the Magistrates Court Act, 1944 (Act No. 32 of 1944), shall apply mutatis mutandis.[subsection (9) inserted by Act 24 of 2000]

Part V – POWERS, DUTIES, FUNCTIONS, RIGHTS AND OBLIGATIONS OF LOCAL AUTHORITY COUNCILS

30. Powers, duties and functions of local authority councils

(1)Subject to the provisions of subsections (2) and (3), a local authority council shall have the power-
(a)subject to the provisions of Part VI, to supply water to the residents in its area for household, business or industrial purposes;
(b)subject to the provisions of Part VII, to provide, maintain and carry on a system of sewerage and drainage for the benefit of the residents in its area;
(c)to provide, maintain and carry on services to such residents for the removal, destruction or disposal of nightsoil, rubbish, slop water, garden and stable litter, derelict vehicles, carcasses of dead animals and all other kinds of refuse or otherwise offensive or unhealthy matter;
(d)subject to the provisions of Part VIII, to establish and maintain cemeteries, or to take over any cemetery situated within its area;
(e)subject to the provisions of Part IX, to construct and maintain streets and public places;
(f)subject to the provisions of Part X and the Electricity Act, 2000 (Act No. 2 of 2000), to supply electricity or gas to the residents in its area;[Paragraph (f) is amended by Act 17 of 2002. The Electricity Act 2 of 2000 has been replaced by the Electricity Act 4 of 2007.]
(g)to establish, carry on and maintain sand, clay, stone or gravel quarries and works for the manufacture of bricks and tiles, and to dispose of sand, clay, stones, gravel, bricks and tiles exploited or manufactured from such quarries;
(h)subject to the provisions of Part XI, to establish, carry on and maintain a public transport service;
(i)subject to the provisions of Part XII, to establish, with the prior approval of the Minister and in accordance with such conditions as may be determined by him or her, a housing scheme, whether by itself or in conjunction with any other person;
(j)to establish, carry on and maintain markets and, for that purpose, to construct and let market houses, auction or sale rooms, stalls, warehouses and other buildings for the sale or storage of goods at such market;
(k)to establish, carry on and maintain-
(i)abattoirs;
(ii)aerodromes;
(iii)an ambulance service;
(iv)bands and orchestras;
(v)dipping tanks;
(vi)a fire brigade;
(vii)museums and libraries;[subparagraph (vii) amended by Act 17 of 2002]
(viii)pounds;
(ix)nurseries;
(x)a traffic service;
[subparagraph (x) inserted by Act 24 of 2000]
(l)to construct and maintain buildings or depots for the reception or storage of perishable goods;
(m)to establish and maintain parking garages and to designate areas for the parking of vehicles;
(n)to beautify and secure the neatness of its area, including the planting, trimming or removal of trees;
(o)to establish and maintain any building or structure for any community requirement;
(p)to allocate bursaries, and grant loans, for educational purposes;
(q)to confer honours upon any person who has in the opinion of the local authority council rendered meritorious service to its residents;
(r)to construct, acquire and maintain railway sidings, including marshalling yards, in any industrial area or areas, and to recover the costs incurred in connection with such construction, acquisition and maintenance from the owners of immovable property connected or capable of being connected to, or using or capable of using, such railway sidings;
(s)to acquire, hire, hypothecate or let any movable property, or, sell or otherwise dispose of such movable property in any manner whatsoever to the State, a regional council or any other local authority council or, unless the Minister determines otherwise, by public auction to any other person;
(t)subject to the provisions of part XIII, to-
(i)hire or otherwise acquire, with the prior written approval of the Minister and subject to such conditions, if any, as may be determined by him or her, any immovable property or right therein;
(ii)buy or acquire, with the prior written approval of the Minister and subject to such conditions, if any, as may be determined by him or her, immovable property or any right in respect of immovable property for any purpose connected with the powers, duties or functions of such local authority council; or
(iii)sell, let, hypothecate or otherwise dispose of or encumber any such immovable property, with the prior written approval of the Minister and subject to such conditions if any, as may be determined by him or her, any immovable property and subject thereto that the Minister may determine the method of sale, excluding a sale by auction, letting or hypothecation to be applied by a local authority council in respect of the immovable property.
[paragraph (t) substituted by section 8 of Act 3 of 2018]
(u)to determine by notice in the Gazette, the charges, fees and other moneys payable in respect of any service, amenity or facility established and provided by it under this Act, but subject, in the case of fees and charges in respect of the supply of water and other water related service, to any tariff of fees and charges determined by the Water Regulator under the Water Resources Management Act, 2013 that is applicable to the local authority council, or any matter regulated and controlled by it thereunder, including-
(i)deposits payable as security for payment of any such charges, fees or other moneys;
(ii)the levy of interest at a specified rate, which shall not exceed the rate prescribed in terms of section 1 (2) of the Prescribed Rate of Interest Act, 1975 (Act No. 55 of 1975), on unpaid debts in respect of such charges, fees or other moneys;
(iii)charges for the provision of any service rendered by the local authority council in respect of immovable property, with or without improvements, being -
(aa)an availability charge leviable in respect of immovable properties connected to or supplied with any such service as well as immovable properties not so connected or supplied but which can reasonably be so connected or supplied; or
(bb)a minimum charge leviable in respect of properties connected to or supplied with any such service, based on a minimum supply, whether or not such service is being utilised;
(iv)charges for the provision of any service rendered by a municipal police service.[paragraph (u) substituted by Act 24 of 2000 and amended by Act 14 of 2004 and by section 133(1) of Act 11 of 2013]
(v)
(i)in the case of the municipal council of a municipality referred to in Part I of Schedule 1 and, with the prior approval in writing of the Minister granted after consultation with the Minister of Finance and subject to such conditions as the Minister may determine, the municipal council of a municipality referred to in Part II of Schedule 1 or a town council or a village council, to borrow money from time to time by way of loans from any source within Namibia and against the security which the local authority council may deem fit or the issue of debentures, bills of exchange and other negotiable instruments;
(ii)with the prior approval in writing of the Minister granted after consultation with the Minister of Finance and subject to such conditions as the Minister may determine, to grant advances or loans to any sporting club or association or charitable institution;
(w)to establish from time to time such committees as it may deem necessary to advise it generally or in relation to any particular matter in the exercise of any of its powers or the performance of any of its duties and functions and may appoint such members or such other persons as it may deem fit to be members of such committees;
(x)to guarantee the due fulfilment of the contracts and obligations of any person, and enter into surety bonds or deeds of security;
(y)to open banking accounts with a banking institution as defined in section 1 of the Banking Institutions Act, 1998 (Act No. 2 of 1998), a building society as defined in section 1 of the Building Societies Act, 1986 (Act No. 2 of 1986), the Savings Bank as defined in section 1 of the Posts and Telecommunications Companies Establishment Act, 1992 (Act No. 17 of 1992), or such other financial institution as may be approved by the Minister;[paragraph (y) substituted by Act 17 of 2002]
(z)
(i)to accept donations made or receive moneys offered to it by any person within Namibia and, with the prior approval in writing of the Minister in every particular case and subject to such conditions as he or she may determine, to accept such donations made or receive such moneys offered to it by any person outside Namibia;
(ii)with the prior approval in writing of the Minister in every particular case and subject to such conditions as he or she may determine, to make grants or donations;
(aa)to enter, subject to the regulations, into joint business ventures;[paragraph (aa) substituted by Act 24 of 2000]
(ab)to commercialise, subject to any regulations which may be made relating thereto, any service rendered by it or any function or duty exercised or carried out by it;[paragraph (ab) inserted by Act 24 of 2000]
(ac)to farm, and for that purpose to do, subject to the provisions of this Act or any other law, anything that is conducive or necessary to farming, on its townlands;[paragraph (ac) inserted by Act 24 of 2000]
(ad)to promote, subject to the provisions of any other law, tourism;[paragraph (ad) inserted by Act 24 of 2000]
(ae)to exercise any other power conferred upon or assigned to a local authority council in terms of any other provision of this Act, or by or in terms of any other law.
[paragraph (ae) inserted by Act 24 of 2000; the full stop at the end should be a comma]and, generally, to do anything that is necessary or conducive to the exercise of its powers and the performance of its duties and functions in terms of this Act.
(2)A power referred to in-
(a)paragraph (a), (b) or (c) of subsection (1) shall be exercised by a local authority council;
(b)paragraph (d) of that subsection shall be exercised by a municipal council or town council,
in respect of an approved township situated within its area.
(3)A power referred to-
(a)in paragraph-
(i)(f), (k)(iii), (v) or (vi), (o) or (s) of subsection (1), shall only be exercised by a village council;
(ii)(g), (h), (i), (k)(i), (ii), (vii), (ix) or (x), (l), (m), (p), (q), (r), (x), (aa) or (ab) of that subsection, shall only be exercised by a town council or a village council,
if the Minister has assigned such power to such village council or town council, by notice in the Gazette;
(b)in paragraph (u)(iv) of subsection (1), shall only be exercised by a local authority council referred to in section 43C of the Police Act, 1990.
[subsection (3) amended by Act 24 of 2000, and substituted by Act 17 of 2002 and by Act 14 of 2004; the amendment markings in Act 24 of 2000 are incorrect]
(4)Anything purporting to have been done by the chairperson of a local authority council by order of the local authority council by virtue of any power vested in the local authority council under this Act or any other law shall be deemed to have been done by the local authority council.

31. Delegation of powers by local authority councils

(1)A municipal council or a town council may delegate or assign in writing, in writing and on such conditions as it may determine, to its management committee or its chief executive officer or any other staff member, any power conferred or any duty imposed upon it by or under this Act or any other law, except any power-
(a)to make regulations or rules;
(b)to approve its estimates or supplementary estimates of revenue and expenditure;
(c)to determine rates, charges, fees or other moneys which may be levied under any provision of this Act;
(d)to borrow money; or
(dA)to appoint, suspend or discharge a chief executive officer or a head of a department referred to in section 28; or[paragraph (dA) inserted by section 9 of Act 3 of 2018]
(e)which the Minister may determine by notice in the Gazette.
(2)A village council may delegate or assign, in writing and with the prior written approval of the Minister, and on such conditions as it may determine, to its chief executive officer or any other staff member, any power conferred or any duty imposed upon it by or under this Act or any other law, except any power referred to in paragraphs (a) to (e), inclusive, of subsection (1).
(3)A management committee may delegate, in writing and with the prior written approval of and on the conditions determined by the municipal council or town council concerned -
(a)any power conferred upon it by this Act; or
(b)any power which has been delegated to it under subsection (1),
to any member of the municipal council or town council, or to the chief executive officer or any staff member of the municipal council or town council concerned, or to any two or more of such persons conjointly.
(4)A local authority council or a management committee shall not be divested of any power delegated or assigned by it under subsection (1), (2) or (3), as the case may be and may alter or withdraw any decision given by the delegate in the exercise of such delegated power.[section 31 substituted by Act 24 of 2000]

31A. Signing of contracts

Any contract to be entered into by a local authority council pursuant to a resolution of the local authority council shall be signed by the chief executive officer of the local authority council and be co-signed by-
(a)in the case of a municipal council or town council, the chairperson of the management committee or any staff member of that council generally or specially authorised thereto by the council concerned;
(b)in the case of a village council, the chairperson thereof or any staff member of that council generally or specially authorised thereto by that council,
and any contract so signed shall be deemed to have been duly executed on behalf of the local authority council.[section 31A inserted by Act 24 of 2000]

32. Agreements between local authority councils or local authority councils and Government of Namibia or regional councils in relation to exercise or performance of powers, duties and functions of local authority councils, Government or regional councils

(1)A local authority council may enter into an agreement with the Government of Namibia, with one or more other local authority councils or with any regional council providing for the exercise or performance, on such terms and conditions as may be agreed upon-
(a)by such local authority council as the agent of the Government or any such local authority councils or regional council;
(b)by the Government or any such local authority councils or regional council as the agent of the local authority council; or
(c)by the local authority council in co-operation with the Government or any such local authority councils or regional council,
of any power, duty or function conferred or imposed in terms of this Act or any other law upon the local authority council or any functionary of the Government or such local authority councils or regional council, as the case may be.
(2)Any power, duty or function which in terms of any agreement referred to in subsection (1) has been exercised or performed by a local authority council or any functionary of the Government or such other local authority councils or regional council or any officer or employee or body in the employ or under the control of such local authority council or the Government or local authority councils or regional council and, which in terms of this Act or any other law, is conferred or imposed upon a functionary of the Government, local authority council, regional council, officer, employee or body other than such local authority council, shall be deemed to have been exercised or performed by such functionary, local authority council, regional council, officer, employee or body upon which such power, duty or function is so conferred or imposed.

33. Limitation of liability

Subject to the provisions of this Act, no compensation shall be payable by a local authority council, any member of a local authority council or any officer or employee employed in carrying out the provisions of this Act in respect of any act done in good faith under this Act.

Part VI – SUPPLY OF WATER

34. Construction of waterworks

(1)For purposes of the provisions of section 30(1)(a), a local authority council may-
(a)establish, acquire or construct, and maintain and carry on, any waterworks or water-main whether within or outside its area;
(b)subject to the provisions of the Expropriation Ordinance, 1978 (Ordinance 13 of 1978), or on such terms and conditions as may otherwise be determined by mutual agreement between the local authority council and the owner of any immovable property, enter upon such property and lay across, through or under any such property any water-main of which the ownership shall at all times vest in the local authority council;
(c)provide water meters for purposes of determining the quantity of water supplied out of any waterworks to residents in its area or other persons and any accessories in relation to such water meters, and require any such resident or other person by notice in writing to provide an appropriate place on his or her immovable property where such water meters and accessories may be installed and to maintain such water meter and accessories to the satisfaction of the local authority council;
(d)stop or limit the supply of water, if in its opinion it is reasonably necessary to do so on account of the construction, repair or maintenance of any waterworks;
(e)subject to the provisions of the Water Act, 1956 (Act 54 of 1956), discharge from any waterworks or water-main water into any public watercourse.
(f)generally perform or carry out any other function, including the prohibition, restriction, regulation and control of the sinking, maintenance or use of boreholes or wells, which is necessary for, or conducive to, the power of supplying water to the residents in its area.[paragraph (f) inserted by Act 24 of 2000 (paragraph (e) should accordingly end with a semicolon rather than a full stop) and substituted by section 10 of Act 3 of 2018]
(2)
(a)A local authority council shall, before it acquires or constructs any waterworks outside its area, cause a notice to be published in at least one newspaper circulating within its area-
(i)setting out-
(aa)the nature, course and terminals of such waterworks or water-main;
(bb)the properties across, through, under or on which such waterworks or water-main is situated or is to be constructed;
(ii)stating that a plan of such waterworks or water-main is lying for inspection at the offices of the local authority council during ordinary office hours; and
(iii)calling upon interested persons to lodge any objections to such acquisition or construction with the local authority council in writing within a period of not less than 90 days after the date of the publication of such notice.
(b)A copy of the notice referred to in paragraph (a) shall within 14 days after its publication be served on the owner and occupier of any property on which, and on any other local authority council in whose area, such waterworks or water-main is situated or is to be constructed.
(c)If any objection is lodged in terms of paragraph (a), the waterworks or water-main shall not be acquired or constructed, unless-
(i)the local authority council has submitted to the Minister such particulars as the Minister may require in relation to the proposed acquisition or construction, together with the objections lodged and the comments of the local authority council thereon; and
(ii)the local authority council has obtained the permission of the Minister to so acquire or construct such waterworks or water-main.
(3)
(a)A local authority council may, if it has reason to believe that on any immovable property occupied by any resident within its area there is no water or insufficient water suitable for household, business or industrial purposes available on a permanent basis, by notice in writing addressed and delivered to the owner of such immovable property require such owner to acquire within such period as may be specified in such notice, water from the nearest water-main and to provide for such purpose piping, a water meter and other accessories necessary for the supply of water from such water-main to such immovable property.
(b)If an owner referred to in paragraph (a) refuses or fails, within the period specified in the notice so referred to, to comply with the order contained in such notice to the satisfaction of the local authority council, the local authority council may cause such steps to be taken as may be necessary in order to comply with such notice, and may recover the costs connected therewith from the owner concerned.
(4)Notwithstanding the provisions of section 33, the provisions of paragraph (e) of subsection (1) shall not be construed as restricting or limiting the liability of a local authority council for any damage or loss to any property situated outside its area caused to, or suffered by, any person in consequence of any water discharged in a public watercourse in terms of that paragraph.

35. Supply of water to persons other than residents

A local authority council may, on such terms and conditions as may be determined by mutual agreement, supply water to any person other than a resident in its area, or cause water to be so supplied.

36. Limitation on supply of water or on use of water during drought or other emergency conditions

A local authority council may, if it is of the opinion-
(a)that health or lives of the residents in its area or any part of such area are threatened on account of a water shortage due to a condition of drought or a disruption of the water supply; and[paragraph (a) amended by Act 24 of 2000; the amendment markings are incomplete]
(b)that it is necessary to prohibit, restrict, regulate or control the supply or use of water in such area or part,
by notice in the Gazette prohibit, or restrict or regulate to the extent determined by it and specified in such notice, the use and enjoyment of water supplied by or on behalf of it.

37. Offences and penalties in relation to supply of water

(1)Any person who-
(a)without the prior approval in writing of the local authority council and otherwise than in accordance with such conditions, if any, as may be determined, by the local authority council or otherwise than in accordance with an agreement contemplated in section 32, renders a service in terms of which water is supplied to the residents of the area or any portion of such residents for consideration;
(b)without the prior approval in writing of the local authority council and otherwise than in accordance with such conditons, if any, as may be determined by the local authority council-[The word “conditions” is misspelt in the Government Gazette, as reproduced above.]
(i)erects any building or other structure, whether movable or immovable, over any water-main or erects any such building or structure in a position or manner so as to interfere with the flow of any water in, or the distribution of any water by way of, any water-main;
(ii)makes any opening into, or connection to, any water-main;
(c)contravenes or fails to comply with a notice referred to in section 34(3)(a), section 36 or subsection (2)(a) of this section;[paragraph (c) amended by Act 24 of 2000]
(d)damages, endangers, renders inoperable or destroys any waterworks or water-main or does any act likely to damage, endanger, render inoperable or destroy any waterworks or water-main,
shall be guilty of an offence and on conviction liable to a fine not exceeding N$10 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment but in the case of a continuing offence an additional fine not exceeding N$500 for every day upon which the contravention continues to be imposed.[closing sentence after paragraph (d) substituted by section 11 of Act 3 of 2018]
(2)
(a)A local authority council may by notice in writing order any person who has contravened or failed to comply with the provisions of subsection (1)-
(i)to demolish or alter any building or structure referred to in paragraph (b) of subsection (1) or deal with such building or structure in such manner and within such period as may be specified in such notice;
(ii)to repair or render operable any water-main referred to in paragraph (d) of subsection (1) in such manner and within such period as may be so specified.
(b)If a person referred to in paragraph (a) refuses or fails, within the period specified in the notice so referred to, to comply with the order contained in such notice to the satisfaction of the local authority council, the local authority council may cause such steps to be taken as may be necessary in order to comply with such notice, and may recover the costs connected therewith from the person concerned.

Part VII – SEWERAGE AND DRAINAGE

38. Sewerage and drainage

(1)For purposes of the provisions of section 30(1)(b), a local authority council may-
(a)acquire or construct, and maintain and carry on, a system of sewerage and drainage, including sewage works, public sewers and stormwater drains whether within or outside its area;
(b)subject to the provisions of the Expropriation Ordinance, 1978 (Ordinance 13 of 1978), or on such terms and conditions as may otherwise be determined by mutual agreement between the local authority council and the owner of any immovable property, enter upon such property and-
(i)lay across, through or under any such property any public sewer, combined private sewer or stormwater drain;
(ii)carry any shaft or pipe for the ventilation of any sewer under or against any building,
of which the ownership shall at all times vest in the local authority council;
(c)lay across, through or under any street or public place any public sewer, combined private sewer or stormwater drain;
(d)subject to the provisions of the Water Act, 1956 (Act 54 of 1956), discharge stormwater into any public watercourse;
(e)divert, discontinue the use of, close up or destroy any public sewer or stormwater drain.
(f)generally perform or carry out any other function which is necessary for, or conducive to, the power of supplying a system of sewerage and drainage for the benefit of the residents in its area.
[paragraph (f) inserted by Act 24 of 2000; paragraph (e) should accordingly end with a semicolon rather than a full stop]
(2)The provisions of-
(a)subsection (2) of section 34 shall apply mutatis mutandis in relation to-
(i)the acquisition or construction of any system of sewerage or drainage outside its area in terms of paragraph (a) of subsection (1) of this section;
(ii)the discontinuance of the use of, closing up or destruction of a public sewer in terms of paragraph (e) of that subsection;
(b)subsection (4) of that section shall apply mutatis mutandis in relation to any stormwater discharged in a public watercourse in terms of paragraph (d) of subsection (1) of this section.
(3)
(a)A local authority council may, if it has reason to believe-
(i)that on any immovable property occupied by any resident within its area there is not sufficient provision for the disposal of sewage;
(ii)that on any such immovable property which is by way of a private sewer connected in any manner whatsoever with a public sewer there are no sanitary conveniences, baths or washbasins,
by notice in writing addressed and delivered to the owner of such immovable property, require such owner to construct a private sewer or, as the case may be, to provide on such immovable property such number of sanitary conveniences, baths or wash-basins as may be specified in such notice within such period of not less than 30 days as may be so specified.
(b)If an owner referred to in paragraph (a) refuses or fails, within the period specified in the notice so referred to, to comply with the order contained in such notice to the satisfaction of the local authority council, the local authority council may cause such steps to be taken as may be necessary in order to comply with such notice and recover the costs connected therewith from the person concerned.

39. Construction of private sewers or combined private sewers

(1)No private sewer shall be constructed without the permission and otherwise than in accordance with such conditions as may be prescribed or otherwise determined by the local authority council.
(2)Subject to the provisions of subsection (3), the provisions of subsection (1) shall not be construed as imposing upon the local authority council any liability for the costs incurred in respect of the construction of any private sewer or combined private sewer.
(3)The costs incurred in respect of the construction of a private sewer or combined private sewer from the boundary of the immovable property in respect of which it is constructed to the point of connection with any other sewer whereby such private sewer or combined sewer is for the first time connected with a public sewer, shall be paid by the local authority council, except in so far as may be prescribed otherwise.

40. Construction of combined private sewers by local authority councils

A local authority council may, instead of connecting a private sewer to a public sewer-
(a)construct a combined private sewer for the purpose of connecting two or more private sewers to such combined private sewer, and may recover the costs actually incurred in respect of such construction on such basis as may be determined by the local authority council from the owners of immovable property on which the private sewer is situated and which is connected to such combined private sewer;
(b)connect a private sewer to any other private sewer or to an existing combined private sewer, and the owner of the immovable property on which such first-mentioned private sewer is situated shall be liable to the owner or owners of such other private sewer or combined private sewer for such equal portion of the costs actually incurred by the owner or owners of such last-mentioned private sewer or combined private sewer on such basis as may be determined by the local authority council.

41. Granting of assistance by local authority councils to residents to provide sewerage to their immovable property

(1)A local authority council may render, upon the request of an owner of any immovable property and on such conditions, including conditions relating to the levying of interest, as may be determined by mutual agreement, assistance to such owner to provide sewerage for such immovable property by way of an advance or loan to such owner or by constructing such sewerage itself, and cause particulars of such advance, loan or expenses incurred in respect of the constructing of such sewerage to be noted by the registrar of deeds in his or her registers in respect of the immovable property in question.
(2)Any advance or loan granted under subsection (1) or expenses incurred in respect of the construction of sewerage under that subsection, together with any interest payable thereon, shall be a first charge upon the immovable property in respect of which such advance or loan has been granted or such expenses have been incurred and in respect of which particulars have been noted by the registrar of deeds in terms of that subsection.

42. Maintenance of private sewers and combined private sewers

The maintenance of private sewers and combined private sewers may be undertaken by the local authority council-
(a)in the case of a private sewer, at the cost of the owner of the immovable property on which it has been situated;
(b)in the case of a combined private sewer, at the joint cost of the owners of the immovable properties in respect of which it has been constructed on such basis as may be determined by the local authority council.

43. Stoppages or defects of private sewers or combined private sewers, sanitary conveniences, baths and wash-basins

It shall be the duty of an occupier of any immovable property on which any private sewer, combined private sewer or sanitary convenience discharging into any such sewer is situated to report any stoppage or defect which may occur in any such sewer or sanitary convenience, bath or wash-basin as soon as practicable, but not later than 24 hours after it has occurred.

44. Offences and penalties in relation to sewerage and drainage

(1)Any person who without the prior approval in writing of the local authority council and otherwise than in accordance with such conditions, if any, as may be determined by the local authority council-
(a)refuses or fails to comply with an order referred to in section 38(3) or subsection (2) of this section;
(b)erects any building or other structure, whether movable or immovable, over any sewer or stormwater drain or erects any such building or structure in a position or manner so as to interfere with or endanger the operation of any sewer or stormwater drain;
(c)makes an opening into, or any connection to, any sewer or stormwater drain;
(d)damages, endangers, renders inoperable or destroys any sewer or stormwater drain or does any act likely to damage, endanger, render inoperable or destroy any sewer or stormwater drain;
(e)discharges, permits to enter or put into any sewer-
(i)any gas or steam;
(ii)any liquid other than domestic waste water of a temperature higher than 40 degrees Celsius;
(iii)any petrol or oil or substances containing petrol or oil;
(iv)any liquid refuse from any abattoir;
(v)any chemical refuse;
(vi)any industrial, trade or manufacturing waste;
(vii)any substance or stormwater which interferes or is likely to interfere with, or endangers or is likely to endanger the operation of any sewer;
(f)discharges, permits to enter or puts anything into any stormwater drain;
(g)contravenes or fails to comply with the provisions of section 43,
shall be guilty of an offence and on conviction liable to a fine not exceeding N$5 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment, but in the case of a continuing offence an additional fine not exceeding N$500 for every day upon which the contravention continues.[closing sentence after paragraph (g) substituted by section 12 of Act 3 of 2018]
(2)
(a)A local authority council may by notice in writing order any person who has contravened or failed to comply with the provisions of subsection (1)-
(i)to demolish or alter any building or structure referred to in paragraph (b) of subsection (1) or deal with such building or structure in such manner and within such period as may be specified in such notice;
(ii)to repair or render operable any sewer or stormwater drain referred to in paragraph (c) or (d) of subsection (1) in such manner and within such period as may be so specified;
(iii)to remove anything discharged, permitted to enter or put into any sewer or stormwater drain referred to in paragraph (e) or (f) of subsection (1).
(b)If a person referred to in paragraph (a) refuses or fails, within the period specified in the notice so referred to, to comply with the order contained in such notice to the satisfaction of the local authority council, the local authority council may cause such steps as may be necessary in order to comply with such notice and recover the costs connected therewith from the person concerned.

Part VIII – CEMETERIES

45. Closing of cemeteries

(1)Subject to the provisions of subsection (2), a local authority council may, and, if directed by the Minister in writing, shall close a cemetery situated in its area.
(2)A cemetery shall not be closed under subsection (1), unless a notice stating the intention to close any such cemetery, the date as from which it shall be closed and the reasons for such intention has, in the case of cemetery not vested in the local authority council, been submitted to the owner or other person in control of such cemetery, and such notice has been posted in a conspicuous place at the cemetery in question and published on at least one occasion in the Gazette and once a week for four consecutive weeks in at least one newspaper circulating in its area.

46. Use of closed cemeteries

(1)A local authority council may, with the approval of the Minister and notwithstanding any conditions of title, use any cemetery which has been closed for a period of not less than 20 years and which is vested in the local authority council for any purposes not desecrating the ground, any human remains, memorials or monuments in such cemetery.
(2)A local authority council may, with the approval of the Minister, reverently remove to any other cemetery the human remains, memorials and monuments in any cemetery which has been closed for more than 20 years and which vests in the local authority council, and, thereupon, any rights, powers and privileges which vested in any person in respect of such cemetery shall cease, and the registrar of deeds shall, upon the request of the local authority council and with the approval of the Minister, by endorsement of the title deed expunge any condition of title limiting the use of the land on which such cemetery is situated for cemetery purposes.
(3)The Minister shall not grant his or her approval under subsection (1) or (2), unless the local authority council has posted in a conspicuous place at the cemetery in question, and has published in at least one newspaper circulating in its area once a week for four consecutive weeks, a notice stating its intention and calling upon interested persons to lodge any objections with the local authority council before a date not less than 14 days after the last publication specified in such notice.

47. Offences in relation to cemeteries

Any person who without the prior approval in writing of the local authority council and otherwise than in accordance with such conditions, if any, as may determined by the local authority council in the public interest-[The word “be” seems to be missing in the phrase “may be determined”.]
(a)establishes a cemetery within the area, or buries or causes to be buried any human remains in a cemetery established without such approval;
(b)buries any human remains in a cemetery which has been closed in terms of section 45,
shall be guilty of an offence and on conviction liable to a fine not exceeding N$5 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment, but in the case of a continuing offence an additional fine not exceeding N$500 for every day upon which the contravention continues.[closing sentence after paragraph (b) substituted by section 13 of Act 3 of 2018]

Part IX – STREETS AND PUBLIC PLACES

48. Construction of streets and public places

(1)For purposes of the provisions of section 30(1)(e), a local authority council may-
(a)construct or lay drains, culverts, bridges, sewers, water-mains, underground drains, electric mains, cables, lines, poles and pipes in streets and public places constructed in terms of that section;
(b)construct in any public place swimming baths, public baths, zoological or botanical gardens, aquariums, pavilions, dressing rooms, public conveniences and other public facilities, and, with the approval of the Minister and subject to such terms and conditions as may be determined by him or her, let or grant the right to use any such public place;
(c)provide and carry on refreshment rooms, cafes and restaurants in any public place, and, with the approval of the Minister and subject to such terms and conditions as may be determined by him or her, let any such refreshment room, cafe or restaurant;
(d)provide such apparatus or equipment as may be necessary for use in any game, sport or other recreation in any public place;
(e)alter in any manner whatsoever any street or public place;
(f)light streets and public places;
(g)erect road traffic signs;
(h)adorn any public place by any architectural or other scheme of ornamentation, including statues, monuments, fountains or any other structures; and
(i)generally, perform or carry out any other function which is necessary for or conducive to its powers in relation to the construction of streets and public places in its area.
(2)A local authority council shall not construct any street or public place in or on any townlands situated within its area without the prior approval in writing of the Minister.
(3)Notwithstanding the provisions of section 33, the owner of any immovable property who has suffered any damage or loss in consequence of the alteration of any street by way of the lowering or raising of the level, or the narrowing or widening, of any street in which such immovable property is situated shall be entitled to such compensation as may be determined by mutual agreement between such owner and the local authority council in question or, in the absence of any such agreement, by arbitration.

49. Construction of culvert crossings

A local authority council may, at the request of the owner or occupier of any immovable property fronting a street-
(a)construct and maintain culvert crossings from such immovable property to the street, and recover the costs of the construction of such crossings from such owner or occupier;
(b)construct, pave and maintain the sidewalk or pavement in front of such immovable property or any part of its width in a special manner approved by the local authority council and desired by such owner or occupier, and recover the costs from such owner or occupier in so far as such costs exceed the costs of its construction in the ordinary manner.

50. Closing of streets or public places

(1)A local authority council may-
(a)at any time and upon such notice as it may deem fit-
(i)temporarily close any public place or any part of a public place for any purpose which in its opinion requires it to be so closed;
(ii)temporarily or permanently close any street or any portion of a street for any particular class of traffic for any purpose which in its opinion requires it to be so closed; or
(iii)temporarily close or divert any street or any portion of a street for all traffic for the purpose of maintenance or any reason which in its opinion requires it to be so closed;
(b)subject to such terms and conditions as may be determined by the local authority council, let or grant the right to use temporarily, any public place or part of a public place or any street or portion of a street closed in terms of paragraph (a) to any person for any period during the period in which it is so closed;
(c)subject to the provisions of subsections (2), (3) and (4), permanently close any public place or any part of a public place, or permanently close or divert any street or any portion of a street;
(d)re-open any public place or part of a public place or re-open or re-divert, mutatis mutandis in accordance with the provisions of subsections (2) and (3), any street or portion of a street closed or diverted in terms of paragraph (c).
(2)A public place or any part of a public place shall not be closed, or a street or any portion of a street shall not be closed or diverted, in terms of paragraph (c) of subsection (1), except upon a decision of the local authority council taken, upon the recommendation by its management committee, at a meeting at which a majority of its members are present and, in the case of a municipal council or town council, on the recommendation of its management committee.[subsection (2) amended by Act 24 of 2000; a typo in the original Act (“or” for “of”) is corrected without being indicated by amendment markings]
(3)
(a)A local authority council shall, before it closes any public place or part of a public place or closes or diverts any street or portion of a street-
(i)cause a plan to be prepared showing the nature of the closure or diversion of such public place or street and the location of such public place or street;
(ii)cause a notice to be published in the Gazette and in at least two newspapers circulating within its area, setting out-
(aa)the nature of the closure or diversion of such public place or street;
(bb)the location of such public place or street;
(iii)state that the plan referred to in subparagraph (i) is lying for inspection at the offices of the local authority council during ordinary office hours; and
(iv)call upon interested persons to lodge any objections to such closure or diversion with the local authority council in writing within a period of not less than 14days after the date of the publication of such notice.
(b)A copy of the notice referred to in subsection (1) shall within 14days after its publication be served on the owner and occupier of any immovable property situated directly opposite any such public place or street.
(c)If any objection is lodged in terms of paragraph (a), the public place or part of a public place or the street or portion of a street shall not be closed or diverted, as the case may be, unless-
(i)the local authority council has submitted to the Minister such particulars as the Minister may require in relation to the proposed closure or diversion, together with the objections lodged and the comments of the local authority council thereon; and
(ii)the local authority council has obtained the approval of the Minister to so close such public place or such part of a public place or divert such street or such portion of a street.
(4)A local authority council shall notify the Surveyor-General of any permanent closure or diversion of a street or portion of a street effected in terms of this section.
(5)Notwithstanding the provisions of section 33, the owner of any immovable property who has suffered any damage or loss in consequence of the closure of any public place or part of a public place or the closure or diversion of any street or any portion of a street under this section, shall be entitled to such compensation as may be determined by mutual agreement between such owner and the local authority council in question or, in the absence of any such agreement, by arbitration.
(6)Any person who uses a public place or street or any portion thereof that has been temporarily or permanently closed or diverted in terms of subsection (1) shall be guilty of an offence and on conviction be liable to a fine not exceeding N$5 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment, but in the case of a continuing offence an additional fine not exceeding N$500 for every day upon which the contravention continues.[subsection (6) inserted by Act 24 of 2000][subsection (6) substituted by section 14 of Act 3 of 2018]

51. Offences and penalties in relation to streets and public places

(1)Any person who without the prior approval in writing of the local authority council and otherwise than in accordance with such conditions, if any, as may be determined by the local authority council in the public interest-
(a)constructs, closes or diverts any street in its area;
(b)erects any building or other structure, whether movable or immovable, so as to encroach upon any street;
(c)refuses or fails to comply with an order referred to in subsection (2),
shall be guilty of an offence and on conviction liable to a fine not exceeding N$5 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment, but in the case of a continuing offence an additional fine not exceeding N$500 for every day upon which the contravention continues.[words following paragraph (c) substituted by section 15 of Act 3 of 2018]
(2)
(a)A local authority council may by notice in writing order any person who has contravened or failed to comply with the provisions of subsection (1)(b)-
(i)to demolish or alter any building or structure referred to in that subsection in so far as it encroaches upon such street or deal with such building or structure in such manner and within such period as may be specified in such notice;
(ii)to restore the surface of the street to its former condition.
(b)If a person referred to in paragraph (a) refuses or fails, within the period specified in the notice so referred to, to comply with the order contained in such notice to the satisfaction of the local authority council, the local authority council may cause such steps as may be necessary in order to comply with such notice and recover the costs connected therewith from the person concerned.

Part X – SUPPLY OF ELECTRICITY AND GAS

52. Construction of works and machinery in relation to supply of electricity and gas

For purposes of the provisions of section 30(1)(f), a local authority council may-
(a)establish, acquire, construct or provide, for purposes of the supply of electricity and gas to the residents in its area, any works and machinery whether within or outside its area, and maintain and carry on such works and machinery;
(b)subject to the provisions of the Expropriation Ordinance, 1978 (Ordinance 13 of 1978), or on such terms and conditions as may otherwise be determined by mutual agreement between the local authority council and the owner of any immovable property, enter upon such property and-
(i)lay across, through or under any such immovable property, whether within or outside its area, any main and branch cables, wires and conduits for conveying electric current or gas, of which the ownership shall at all times vest in the local authority council;
(ii)connect, at the request of any owner or occupier of such property, such cables, wires and conduits within such property;
(c)lay any such cables, wires and conduits through, across, under or over any street or public place;
(d)generally, perform or carry out any other function which is necessary for, or conductive to, the power of supplying electricity and gas to the residents in its area.

53. Supply of electricity or gas to persons other than residents

A local authority council may, on such terms and conditions as may be determined by mutual agreement, supply electricity or gas to any person other than a resident in its area, or cause electricity to be so supplied.

54. Granting of assistance by local authority councils to residents for purposes of acquisition of appliances in relation to supply of electricity or gas to their immovable property

(1)A local authority council may render, upon the request of an owner of any immovable property and on such conditions, including conditions relating to the levying of interest, as may be determined by mutual agreement, assistance to such owner to provide a supply of electricity or gas for such immovable property by way of an advance or loan to such owner or by constructing itself any appliances for purposes of such supply, and cause particulars of such advance, loan or expenses incurred in respect of the construction of such appliances to be noted by the registrar of deeds in his or her registers in respect of the immovable property in question.
(2)Any advance or loan granted under subsection (1) or expenses incurred in respect of the construction of appliances under that subsection, together with any interest payable thereon, shall be a first charge upon the immovable property in respect of which such advance or loan has been granted or such expenses have been incurred and in respect of which particulars have been noted by the registrar of deeds in terms of that subsection.

54A. Failure by town council or village council to discharge adequately its functions in relation to services

(1)The Minister may if he or she considers it necessary or expedient in the interest of any town or village by reason of the refusal, failure or inability of the town council or village council concerned to discharge adequately all or any of its functions in relation to any service, including the determination, levying or recovery of charges, fees or other moneys in connection with that service, by notice in writing call upon such town council or village council to show cause, within such period as may be specified in the notice, why that council shall not be divested of all or any of the functions specified in the notice.
(2)If the town council or village council fails to show cause as required by the notice under subsection (1), or in the opinion of the Minister has failed to show sufficient cause, he or she may declare, by further notice in writing to that town council or village council, such council to be divested of all or any of the functions referred to in subsection (1) and specified in the notice under this subsection.
(3)If the Minister declares a town council or village council to be divested of all or any of the functions specified in the notice under subsection (2), it shall be deemed that an agreement as contemplated in section 32 has been concluded between the Government and such town council or village council providing for the exercise or performance of the functions by the Minister with effect from the date of delivery of the notice under subsection (2).
(4)The Minister may enter, notwithstanding anything in this Act contained, into an agreement with any person, institution or body, providing for the performance on behalf of the Minister and the town council or village council concerned of any power, duty or function vested in the Minister by virtue of a notice issued under subsection (2), except the power conferred by section 94 to make regulations, or the power conferred by section 30(1)(u) to determine charges, fees and other moneys, in connection with the service concerned.
(5)Any person, institution or body with whom the Minister has concluded an agreement in terms of subsection (4) shall for the purposes of section 32(2) be deemed to be a functionary of the Government.
(6)The Minister may re-vest, after consultation with the town council or village council concerned, at any time the council concerned with all or any functions of which it has been divested under subsection (2), and may for that purpose terminate any agreement that may have been entered into with a person, institution or body referred to in subsection (4).
(7)The Minister shall make known, by notice in the Gazette, particulars of any action taken under subsection (2), (4) or (6).[Section 54A is inserted by Act 24 of 2000. Section 28(2) of Act 24 of 2000 provides the following transitional provision:][“Any agreement entered into by the Minister before the commencement of section 54A of the principal Act, as inserted by subsection (1) of this section, whereby any person, institution or body has been entrusted with the function of rendering the service concerned in the area of any local authority council in the stead of the local authority council concerned, shall be deemed to be an agreement entered into pursuant to the provisions of subsection (4) of section 54A, notwithstanding that the provisions of subsection (1) of that section have not been complied with.”]

55. Offences and penalties in relation to supply of electricity and gas

(1)Any person who-
(a)without the prior approval in writing of the local authority council and otherwise than in accordance with such conditions, if any, as may be determined by the local authority council or otherwise than in accordance with an agreement contemplated in section 32, sells, supplies or enters into any agreement to sell or supply electricity within the local authority area in question;
(b)without the prior approval in writing of the local authority council and otherwise than in accordance with such conditions, if any, as may be determined by the local authority council, makes any connection to any main or branch cable, wire or conduit for conveying any electric current or gas;
(c)damages, endangers, renders inoperable or destroys any main or branch cable, wire or conduit for conveying any electric current or gas,
shall be guilty of an offence and on conviction liable to a fine not exceeding N$5 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment, but in the case of a continuing offence an additional fine not exceeding N$500 for every day upon which the contravention continues.[closing sentence after paragraph (c) substituted by section 16 of Act 3 of 2018]
(2)
(a)A local authority council may by notice in writing order any person who has contravened or failed to comply with the provisions of subsection (1)-
(i)to remove any connection referred to in paragraph (b) of subsection (1) in such manner and within such period as may be specified in such notice;
(ii)to repair or render operable any main or branch cable, wire or conduit for conveying any electric current or gas in such manner within such period as may be so specified.
(b)If a person referred to in paragraph (a) refuses or fails, within the period specified in the notice so referred to, to comply with the order contained in such notice to the satisfaction of the local authority council, the local authority council may cause such steps to be taken as may be necessary in order to comply with such notice and recover the costs connected therewith from the person concerned.

Part XI – PUBLIC TRANSPORT SERVICES

56. Establishment of public transport services on behalf of local authority councils

(1)For purposes of the provisions of section 30(1)(h) and subject to the provisions of subsection (2), a local authority council may-
(a)on such terms and conditions as may be determined by mutual agreement, authorize any person to establish and carry on a public transport service on behalf of such local authority council;
(b)on such conditions as may be determined by it, grant such assistance as it may deem necessary to any person referred to in paragraph (a) or any other person carrying on a transport service in its area.
(2)Any agreement contemplated in paragraph (a) of subsection (1) shall contain terms and conditions providing for-
(a)the transport service in question to be provided on a regular basis;
(b)the safeguarding of members of the public against personal injuries;
(c)the enforcement of the due performance of the obligations undertaken by the person concerned;
(d)the inspection from time to time of the transport service by the local authority council;
(e)the indemnification of the local authority council against loss or damage caused in the course of the carrying on of such transport service;
(f)any other purpose approved in writing by the Minister.

Part XII – HOUSING SCHEMES

57. Establishment of housing schemes by local authority councils

(1)For purposes of the provisions of section 30(1)(i), a local authority council may-
(a)construct or acquire dwellings, and maintain, sell or, subject to such conditions as may be determined by the local authority council, let dwellings so constructed or acquired;
(b)grant a loan to any person on first mortgage in favour of the local authority council over the land on which a dwelling has been constructed or is to be constructed to enable such person to acquire or construct such dwelling for the accommodation of himself or herself and his or her dependants;
(c)assist any bank registered in terms of the Banking Institutions Act, 1998 (Act No. 2 of 1998), or a building society as defined in section 1 of the Building Societies Act, 1986 (Act No. 2 of 1986), to grant a loan to any person to enable such person to acquire or construct a dwelling for purposes of such accommodation.
[paragraph (c) amended by Act 17 of 2002;the amendment markings are incorrect]
(2)A loan shall not, without the prior approval in writing of the Minister, be granted under subsection (1)(b) to any person who is the owner of a house or dwelling which is fit for human occupation or whose spouse is the owner of any such house or dwelling.
(3)A local authority council may consent to the taking over by any person who in the opinion of the local authority council is entitled to a loan in terms of subsection (1)(b) of the rights and obligations of any other person to whom a loan was granted, and may, in order to give effect to such taking over, consent to the substitution for such last-mentioned person of such first-mentioned person as holder of the mortgage bond in question as if such loan were granted to such first-mentioned person under that section.

58. Establishment of housing fund

(1)A local authority council which has established a housing scheme in terms of section 30(1)(i) shall establish a fund to be known as the Housing Fund into which shall be paid -
(a)any loan raised by the local authority council for the purposes of any such housing scheme;
(b)any amount received in respect of the letting of any dwelling under section 57(1)(a);
(c)any amount received in respect of the repayment of any loan granted under section 57(1)(b);
(d)any amount received in respect of the realization from the sale of any dwelling referred to in section 57;
(e)any interest derived from investments made under subsection (2);
(f)any moneys accruing to the Housing Fund from any other source.
(2)A local authority council may invest any unexpended moneys in the Housing Fund which are not required for immediate use with such financial institution as may be approved by the Minister.
(3)The moneys in the Housing Fund may be utilized for purposes of-
(a)the construction, acquisition or maintenance of any dwelling under section 57(1)(a);
(b)loans granted under section 57(1)(b);
(c)the repayment of any loans referred to in subsection (1)(a);
(d)the costs incurred in connection with the administration of any housing scheme established under section 30(1)(i);
(e)any other purpose approved in writing by the Minister.

59. Pre-emptive right of local authority councils in respect of dwellings constructed or acquired under housing schemes

(1)It shall be a condition of a loan granted under section 57(1)(b) that, notwithstanding the fact that the total amount of the loan, together with all interest thereon, has been repaid and that the mortgage bond which secured such loan has been cancelled by reason of such repayment, the person to whom the loan has been granted or his or her successors in title shall not sell or otherwise alienate any dwelling constructed or purchased by means of such loan within the period fixed in terms of subsection (3) from the date of registration of such mortgage bond, unless he or she has first offered such dwelling for sale to the local authority council at a price determined in accordance with the provisions of subsection (4).
(2)Any offer referred to in subsection (1) shall be made in writing and shall be accepted or rejected by the local authority council within 60 days after receipt thereof.
(3)The period referred to in subsection (1) shall be calculated on the basis of one quarter of the period within which the loan granted under section 57(1)(b) is to be repaid.
(4)If an offer referred to in subsection (1) is accepted, the price referred to in that subsection-
(a)shall be determined before any amount of the loan granted under section 57(1)(b) is paid out to the mortgagor; and
(b)shall be the actual cost of the land secured by such mortgage bond and an amount, determined by mutual agreement between the local authority council and the mortgagor, representing the value of the permanent improvements erected or to be erected on such land or, in the absence of any such agreement, a price determined by two arbitrators, one of whom shall be appointed by the mortgagor and the other one by the local authority council.
(5)When any dwelling purchased in terms of subsection (4) has been transferred to the local authority council, the provisions of this Part shall apply in respect of such dwelling as if it were a dwelling constructed or acquired by the local authority council under section 57(1)(a).
(6)No transfer of any dwelling in respect of which the condition referred to in subsection (1) applies, shall be passed to any person other than the local authority council, unless there is produced to the registrar of deeds a certificate signed on behalf of the local authority council to the effect that such dwelling has been offered for sale to the local authority council in terms of the said subsection and that the offer has been rejected in terms of subsection (2).
(7)The registrar of deeds shall at the request of the local authority council in question-
(a)make such endorsements on the title deed of any dwelling and such entries in his or her registers as may be necessary to indicate that the provisions of subsection (1) apply in respect of such dwelling; and
(b)cancel any such endorsements and entries where the chief executive officer has submitted a certificate referred to in subsection (6).

60. Further loans for purposes of improvements in respect of dwellings acquired under housing schemes

(1)A local authority council may, on such conditions as may be determined by it, grant to the owner of a dwelling in respect of which a loan was granted under section 57(1)(b) (hereinafter referred to as a housing loan), a further loan for the improvement or repair of such dwelling.
(2)If the amount of such further loan exceeds the amount actually owing by the owner concerned under the first mortgage bond securing such housing loan, the local authority council shall register a further mortgage bond over the property on which the dwelling in question is constructed, which shall rank with such first mortgage bond.

61. Remedies against persons in default of repayment of loans

If any person to whom a housing loan has been granted fails to comply with any term or condition on which such loan was granted to him or her, the local authority council may -
(a)in addition to any other steps which the local authority council may lawfully take, by notice in writing of at least one month, require such person to make such additional payments, not exceeding four per cent per annum, calculated on the initial amount of the housing loan in question, or such amount as supplemented by any further loan granted under section 60, as the case may be, as may be determined by the local authority council, in reduction of the capital amount owing;
(b)by notice in writing of at least three months, claim the capital amount and any interest owing in respect of the housing loan, including any such further loan, from such person and take such legal steps as the local authority council may deem fit to recover such amount and interest.

62. Definition of “dwelling” for purposes of this Part

For purposes of this Part, “dwelling” means any building which after its construction contains or will contain, in addition to a kitchen and the usual appurtenances, outbuildings, fences and permanent provision for lighting, water supply, drainage and sewerage, not more than five living rooms.

Part XIII – IMMOVABLE PROPERTY OF LOCAL AUTHORITY COUNCILS

63. Circumstances in which Minister’s approval for selling, letting, disposal, hypothecation, encumbrance or acquisition of immovable property is not required

(1)Subject to subsections (2) and (3) and section 30(1)(t)(iii) and (3)(c), the approval of the Minister is not required in relation to-
(a)the letting of immovable property other than townlands or any portion of such townlands by any local authority council for a period not exceeding 12 months;[introductory sentence and paragraph (a) of subsection (1) substituted by section 17(a) of Act 3 of 2018]
(b)[paragraph (b) deleted by section 17(b) of Act 3 of 2018]
(c)the acquisition by any local authority council of-
(i)immovable property transferred to the local authority council as a condition of any subdivision of land approved in terms of the Townships and Division of Land Ordinance, 1963 (Ordinance 11 of 1963);
(ii)immovable property by way of a grant or donation;
(d)a cemetery taken over in accordance with the provisions of section 30(1)(d).
(2)A local authority council shall, before any immovable property sold, disposed of, or let, hypothecated or otherwise encumbered, whether by way of tender or private transaction, first consult the Minister on its intention to so sell, dispose of or let, hypothecate or otherwise encumber such property, and after having consulted with the Minister, on such conditions as approved by the Minister, cause a notice to be published in at least two newspapers circulating in its area on one occasion in a week for two consecutive weeks-
(a)setting out the zoning and situation of such property and stating the place, dates and times where full particulars relating to the sale, disposal, letting, hypothecation or encumbrance of such property will lie for inspection by interested persons for a period of not less than seven days after the last date of the publication of such notice;
(b)in the case of the sale, disposal, letting, hypothecation or encumbrance of such immovable property by way of a private transaction, calling upon interested persons to lodge any objections to such sale, disposal, letting, hypothecation or encumbrance with the local authority council in writing within a period of not less than ten days after the last date of the publication of such notice.
[subsection (2) amended by Act 24 of 2000][introductory sentence of subsection (2) substituted by section 17(c) of Act 3 of 2018]
(3)
(a)If no objections have been lodged in terms of paragraph (b) of subsection (2), the local authority council in question shall be entitled to sell, dispose of, let, hypothecate or otherwise encumber such immovable property by way of such private transaction within one year as from such date.
(b)If any objection is lodged in terms of the said paragraph (b), the immovable property in question shall not be sold, disposed of, let, hypothecated or otherwise encumbered, unless-
(i)the local authority council has submitted to the Minister such particulars as the Minister may require in relation to the proposed transaction, together with the objections lodged and the comments of the local authority council thereon; and
(ii)the local authority council has obtained the approval of the Minister to so sell, dispose of, let, hypothecate or otherwise encumber such immovable property.
(c)The Minister may grant or refuse to grant his or her approval contemplated in paragraph (b)(ii) or may direct the immovable property in question to be sold, disposed of, let, hypothecated or otherwise encumbered by way of tender.
[paragraph (c) substituted by section 17(d) of Act 3 of 2018]

64. Powers of Minister in relation to approval for acquisition of immovable property by local authority councils

The Minister may, before considering his or her approval contemplated in section 30(1)(t)(i) or (ii) for the buying, hiring or acquisition of immovable property by a local authority council, direct the local authority council in question to publish a notice in at least two newspapers circulating in its area-
(a)setting out particulars of such property, including particulars relating to the purchase price, rental or other consideration to be paid in respect of the acquisition thereof;
(b)calling upon interested persons to lodge any objection to such acquisition with the chief executive officer in writing within a period of not less than seven days after the last date of the publication of such notice,
whereupon the Minister may grant or refuse such approval.[introductory sentence of section 64 substituted by section 18 of Act 3 of 2018]

65. Prescription

(1)Notwithstanding the provisions of the Prescription Act, 1969 (Act No. 68 of 1969), or any other law, no person shall by prescription become the owner of any immovable property of a local authority council or of any right in such property.
(2)Notwithstanding the provisions of subparagraphs (b) and (d) of section 11 of the Prescription Act, 1969 (Act No. 68 of 1969), or any other law, the periods of prescription of debts in respect of-
(a)charges, fees, deposits, levies, availability charges and other moneys payable in respect of any service, amenity or facility established and provided by a local authority council under this Act or any other law; and
(b)any matter regulated and controlled by a local authority council under this Act or any other law,
is 15 years.[section 65 substituted by section 19 of Act 3 of 2018]

Part XIV – VALUATION OF RATEABLE PROPERTY WITHIN LOCAL AUTHORITY AREAS

66. Valuation of rateable properties within local authority areas

(1)With the approval of the Minister, a local authority council may, by notice in the Gazette, declare that a general valuation of all rateable property situated within its area be held with effect from a date determined and made known by the local authority council in the notice.
(2)Notwithstanding subsection (1), but subject to subsection (4), the Minister, by notice in the Gazette, may declare that a general valuation of rateable properties shall be held-
(a)in all local authority areas as soon as possible after the date
(b)thereafter, at intervals of not more than five years of the date so specified under paragraph (a),
with effect from a date determined and made known by a local authority council by notice in the Gazette.
(3)There shall be an interim valuation of any rateable property in any local authority area to be held on a date during any period of five years referred to in subsection (2) as may be determined by the local authority council at its own motion or when directed by the Minister by notice in writing to a local authority council.
(4)Notwithstanding subsection (2), the Minister may exclude any local authority council from holding, in terms of that subsection, a general valuation of rateable properties within its area, subject to such local authority council causing a general valuation to be held-
(a)at intervals of not more than five years as from the date determined by the Minister in terms of that subsection; and
(b)with effect from a date to be determined and made known by the local authority council by notice in the Gazette.
(5)The provisions of this Act relating to a general valuation shall apply with the necessary changes to an interim valuation of any rateable property.
(6)An interim valuation shall be done in respect of the following rateable properties-
(a)whenever new improvements have been erected to a property contained in the main valuation roll;
(b)whenever additions or alterations have been effected to improvements contained in the main valuation roll;
(c)whenever improvements contained in the main valuation roll, or a portion thereof, have been demolished;
(d)whenever a property or part thereof is not contained in the main valuation roll;
(e)whenever a property has been subdivided or consolidated after being included in the main valuation roll;
(f)whenever a property included in the main valuation roll was rezoned or granted a consent use in terms of a town planning scheme promulgated in terms of the Town Planning Ordinance, 1954 (Ordinance No. 18 of 1954);
(g)whenever a property was substantially incorrectly valued as it is contained in the main valuation roll; or
(h)whenever there is good cause to revalue a property contained in the main valuation roll.
(7)The valuation date of an interim valuation shall be the same as that of the immediately preceding general valuation.[section 66 substituted by section 20 of Act 3 of 2018]

67. Appointment of powers, duties and functions of valuer

(1)When a general valuation or interim valuation of all rateable properties is required to be held in terms of section 66, a local authority council shall, on such terms and conditions as may be determined by it, appoint a person as a valuer who shall be responsible for the valuation of all rateable property within its area and the preparation of a provisional valuation roll containing–
(a)a description of every such rateable property;
(b)the name of its owner;
(c)its size and extent;
(d)its total value, showing separately the value of the land and the value of any improvements effected on such land.
[subsection (1) substituted by section 21(a) of Act 3 of 2018]
(1A)The appointment of a valuer for a general valuation may include his or her appointment for any interim valuation done between that general valuation and the next general valuation.[subsection (1A) inserted by section 21(b) of Act 3 of 2018]
(2)A provisional valuation roll prepared in terms of subsection (1) shall lie open for inspection by any interested person during ordinary office hours in the offices of the local authority council.
(3)
(a)A valuer shall, before assuming his or her duties, make and subscribe before a commissioner of oaths an oath in the following form:I, A.B., do hereby swear and solemnly and sincerely promise to appraise and value in accordance with, and for purpose of, the provisions of the Local Authorities Act, 1992, all rateable property within the area of the local authority of ... to the best of my skill and knowledge, without favour or prejudice, truly and impartially, conscientiously and/or the full and fair value thereof according to the intent and requirement of the law.So help me God
(b)A valuer may, in lieu of an oath, make and subscribe a solemn affirmation in corresponding form.
(c)A local authority council shall cause a certificate of appointment be issued to the valuer upon his or her appointment.
(4)
(a)Subject to the provisions of paragraph (b), a valuer shall, for purposes of the valuation of any rateable property in terms of this Act, have the power to enter upon any such property at any reasonable time and after having given the owner, occupier or other person in control of such property prior notice as may in the circumstances be reasonable.
(b)When a valuer exercises or performs a power, duty and function in terms this Act in the presence of any person affected thereby, he or she shall on demand by any such person produce to him or her the certificate issued to him or her in terms of subsection (3)(c).
(c)The owner, occupier or other person in charge of any such property shall at all times furnish such facilities and information as are reasonably required by a valuer in order to enable him or her to exercise or perform his or her powers, duties and functions in terms of this Act.
(5)A valuer shall value any rateable property-
(a)in the case of the land portion of such rateable property, at a price which in his or her opinion a willing buyer will be prepared to pay and a willing seller will accept, both acting on good faith;[paragraph (a) substituted by Act 24 of 2000]
(b)in the case of any improvements on such land, on the basis of the estimated costs of the construction or erection of such improvements had such improvements been constructed or erected at the time of such valuation with due regard to any structural depreciation, obsolescence or any change of circumstances in the vicinity of such improvements.
(5A)It shall be a condition of every appointment by a local authority council of a person as valuer in terms of subsection (1), including an appointment made before the date of commencement of this subsection, that-
(a)all information provided to or gathered by the valuer for the purpose of performing his or her functions as valuer, and all calculations made and all records, plans and forms generated by him or her in the performance of those functions, whether such information, calculations, records, plans or forms are kept in written form or stored in the form of data on a computer or any other mechanical or electronic device, shall be and remain the property of the local authority council;
(b)the valuer shall, while being in the possession of the information, calculations, records, plans and forms referred to in paragraph (a), in whatever form, take all steps necessary to ensure their safe custody and to prevent them, or any part thereof from getting lost, destroyed or defaced or being rendered unuseful or inaccessible in any other manner; and
(c)all such information, calculations, records, plans and forms as may from time to time be required by the local authority council from the valuer, and upon the termination of his or her appointment for whatever reason, shall be delivered by him or her to the local authority council, in whatever form they were kept or stored by him or her, at no consideration other than the remuneration to which he or she is entitled by virtue of the terms and conditions upon which he or she has been appointed,
but nothing in this subsection shall be construed as preventing a valuer or any other authority from dealing with any such information, calculations, records, plans or forms as may be required in terms of this Act.[subsection (5A) inserted by Act 24 of 2000]
(6)Any person who hinders or obstructs any valuer in the exercise or performance of his or her powers, duties and functions shall be guilty of an offence and on conviction liable to a fine not exceeding R2 000 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

68. Establishment of valuation court

(1)There is hereby established a valuation court for the area of every local authority, consisting of-
(a)the magistrate of the district in which the area of such local authority council is situated, who shall be the presiding officer of the valuation court;[paragraph (a) amended by Act 24 of 2000]
(b)one person appointed by the Minister; and
(c)one person other than a member of the local authority council, as the case may be, appointed by the local authority council when it becomes necessary for purposes of a valuation of rateable property in terms of the provisions of section 66.
(2)A valuation court may appoint any other person as assessor or such other number of persons as additional assessors as may be determined by it on account of the special knowledge and experience of any such person in the evaluation of properties, to advise the valuation court on the exercise or performance of its powers, duties and functions.
(3)
(a)A valuation court shall sit at such dates, times and places within the local authority area as may from time to time be determined by the presiding officer of the valuation court.
(b)The presiding officer and one other member of the valuation court shall form a quorum for a sitting of the valuation court.
(c)A decision of the majority of the members of a valuation court shall be a decision of the valuation court.

69. Objections against provisional valuation roll

A local authority council shall cause a notice in writing to be published in at least two newspapers circulating in its area on a date not later than 30 days before the date determined under section 68(3)(a) for the sitting of the valuation court-
(a)stating-
(i)that the provisional valuation roll is lying open for inspection during ordinary office hours in the offices of the local authority council;
(ii)that the valuation court will sit on the date, time and place so determined to consider the valuations contained in such provisional valuation roll and to hear and determine any objections lodged in respect of any valuations contained in such roll;
(b)calling upon the owners of rateable property in respect of which a valuation is contained in the provisional valuation roll to lodge objections and the grounds for such objections in writing against any such valuation with the local authority council within a period of 21 days as from the publication of such notice.

70. Consideration of valuations contained in valuation roll and objections lodged in relation to such valuations

(1)A valuation court shall be required to consider every valuation contained in the provisional valuation roll and to hear any objections lodged in connection with any valuations so contained and to determine the valuations of all rateable property contained in such roll.
(2)A local authority council shall cause an owner who has lodged an objection in terms of section 69 to be notified in writing of the date and time on which and the place at which the valuation court is sitting for purposes of considering such objection.
(3)Any owner who has lodged an objection against any valuation contained in the provisional valuation roll may appear in person or be represented by a legal practitioner enrolled under the Legal Practitioners Act, 1995 (Act No. 15 of 1995).[subsection (3) amended by Act 24 of 2000]
(4)The presiding officer or any other member of the valuation court shall not take part in any manner whatsoever in any decision in relation to any rateable property of which he or she or any person related to him or her, whether by affinity or consanguinity, or who is a member of his or her household or a person with whom such presiding officer or member is in terms of the traditional laws and customs prevailing in Namibia, a partner in a customary union or his or her partner, agent or business associate is the owner.
(5)The valuer shall attend all sittings of the valuation court.
(6)In the exercise of its powers, duties and functions, a valuation court-
(a)may in its discretion-
(i)require any person by notice in writing under the hand of the presiding officer or any other person authorized by him or her to appear before it in relation to any valuation contained in the provision valuation roll at a date, time and place specified in such notice;
(ii)administer an oath or take an affirmation from any person referred to in subparagraph (i) or any person, including the valuer, present at any sitting of the valuation court, and question such person under oath or affirmation in connection with any matter which it may deem necessary in connection with its powers, duties and functions;
(b)may, after having considered all matters pertaining to any valuation contained in the provisional valuation roll or any property which were omitted from the previous main valuation roll or in respect of which an error had been made or which has become rateable in terms of section 73(1A)-
(i)confirm the valuations contained in the provisional valuation roll;
(ii)uphold any objection lodged in terms of section 69 and decrease any valuation contained in such provisional valuation roll;
(iii)decrease and, after having afforded the owner of the property in question an opportunity to be heard, increase any other valuation contained in such provisional valuation roll;
(iv)order the valuer to value any rateable property omitted from the roll, or revalue any rateable property with due regard to such guidelines and directions as may be determined by it;
(v)make such other amendments to the provisional valuation roll as it may deem necessary.
[introductory sentence of paragraph (b) substituted by section 22 of Act 3 of 2018]
(7)The valuation court shall keep proper record of the proceedings at sittings and the findings of the valuation court or cause such record to be kept.

71. Appeal against decisions of valuation courts

(1)Any owner of rateable property in the area of a local authority who has lodged an objection in terms of section 69 and who feels aggrieved by a decision of a valuation court made in relation to that objection shall have the right to appeal against such decision to the High Court of Namibia.
(2)For purposes of an appeal referred to in subsection (1) and the procedure to be followed in connection with such appeal, the decision of the valuation court shall be deemed to be a judgment of a magistrate’s court.

72. Main valuation roll

(1)The provisional valuation roll containing the valuations, as decreased or increased or otherwise amended by the valuation court, of all rateable property in the area of a local authority shall be the main valuation roll of such local authority for purposes of the determination of any rates on such rateable property in terms of the provisions of Part XV.
(2)The main valuation roll shall come into operation on the first day of the month following the month in which the valuation court has finally determined all the valuations contained in the provisional valuation roll.
(3)The main valuation roll shall at all times be available for inspection by any interested person during ordinary office hours at the office of the local authority council.
(4)A local authority council shall at the request of any interested person and on payment of such amount as may be determined the local authority council, furnish such person with an extract from the main valuation roll.

Part XV – RATES ON RATEABLE PROPERTY

73. Rates levied on rateable property

(1)Subject to the provisions of this Part, there shall be levied and paid by the owner of any rateable property in a local authority area, for the benefit of the funds of the local authority council, in respect of each financial year a rate on the basis of the valuation, as shown on the main valuation roll, of-
(a)the whole of such rateable property, to be known as a general rate;
(b)the land of such rateable property only, to be known as a site value rate;
(c)the improvements on such land only, to be known as an improvement rate; or
(d)such land and such improvements only, to be known as a site and improvement rate,
calculated at such rate, expressed in cent per rand of such valuation per annum, as may from time to time be determined by a local authority council by notice in the Gazette in respect of any financial year.
(1A)If a valuation of any rateable property or any part thereof contained in the provisional valuation roll of a local authority council has not been determined by a valuation court in terms of section 70 for inclusion in the main valuation roll of that local authority council, the owner of such property shall pay in respect of that property a rate, assessed in accordance with the rate determined by the local authority council under subsection (1), on the basis of the valuation reflected in such provisional valuation roll, but subject to adjustment in accordance with subsection (1B), if applicable.[subsection (1A) inserted by Act 24 of 2000]
(1B)If the rate concerned is assessed on the valuation of property reflected in a provisional valuation roll in accordance with subsection (1A) and such valuation is thereafter altered by a valuation court upon a determination under section 70 or by the High Court of Namibia upon an appeal under section 71, the local authority council shall adjust the assessment of the rates and-
(a)refund the rates paid in respect of the amount by which such valuation is decreased; or
(b)recover the rates which remain unpaid in respect of the amount by which such valuation is increased.
[subsection (1B) inserted by Act 24 of 2000]
(2)Different rates may be determined under subsection (1) or different rates may be so determined on different bases in respect of rateable properties-
(a)situated in different areas within a local authority area;
(b)in respect of which different zonings have been indicated on the map of the approved town planning scheme or general plan of every approved township and zoning shall, for purposes of this paragraph, include a consent use granted by a local authority council in terms of a town planning scheme promulgated in terms of the Town Planning Ordinance, 1954 (Ordinance No. 18 of 1954).
[subsection (1A) amended by Act 24 of 2000; the amendment markings are incomplete]
(3)A rate shall not be determined under subsection (1)-
(a)by the municipal council of a municipality referred to in Part I of Schedule 1 in excess of two and a half cent per rand of the valuation of any rateable property;
(b)by any other local authority council,
except with the prior approval in writing of the Minister.
(4)Notwithstanding the provisions of subsection (1)-
(a)any rate determined under that subsection-
(i)shall, in the case of any building, other than a dwelling, of which the ownership vests in the Government of Namibia or a regional council and which is used or occupied for public purposes, including the land on which any such building is actually constructed and any other land actually occupied for purposes of such building, in addition to any other reductions provided for in this Act, be reduced by 20 per cent;
(ii)may, in the case of rateable property situated within a local authority area, but outside the area of an approved township which is in the opinion of the local authority council used mainly for agricultural purposes, be reduced by such percentage, not exceeding 75 per cent, as may be determined by the local authority council;
(iii)may, in the case of rateable property situated in an approved township within a local authority area with a zoning of “residential”, and which accommodates a dwelling used for residential purposes only, be reduced in respect of the site value, by such percentage not exceeding 50 per cent, as may be determined by the local authority council;
[subparagraph (iii) inserted by Act 24 of 2000]
(b)a local authority council may, in the case of any rateable property in respect of which a condition has been determined in terms of-
(i)the Townships and Division of Land Ordinance, 1963 (Ordinance 11 of 1963); or
(ii)a term or condition of a contract of sale entered into between the local authority council and the owner of such rateable property or his or her successor in title,
by virtue of which such owner is required to construct on the land of such property a building or buildings of a value in an amount not less than the amount determined in, or determinable in terms of any such condition within a period or before a date specified in such condition, levy a rate on the valuation of such land and the value of such building or buildings, so determined, if such building or buildings are not constructed within such period or before such date, as from such date as may be determined by the local authority council and made known to such owner by notice in writing.

74. Levying of special rates in case of certain deficits

(1)Notwithstanding the provisions of section 73, a local authority council may-
(a)if at the end of two consecutive financial years a local authority council has accumulated in the aggregate in any of its funds other than its capital fund and loan fund a deficit; and
(b)if such deficit was at the end of each such financial year equal to or greater than an amount equal to one half cent per rand on the valuation of the land of all rateable property contained in its main valuation roll,
in addition to any rates levied under that section, levy by notice in the Gazette a special rate on the land of such rateable property equal to an amount not exceeding such deficit.
(2)A special rate referred to in subsection (1) shall not be levied-
(a)without the prior approval of the Minister;
(b)except upon a decision taken at a special meeting convened for the purposes of the consideration of such special levy on a date within two months after the receipt of the audited statements in which the deficit in question is reported;[paragraph (b) amended by Act 24 of 2000; the amendment markings are incomplete]
(c)unless the local authority council has published a notice in at least two newspapers circulating in its area stating the date, time, place and purpose of such meeting.
(3)A special rate levied under subsection (1) shall be payable mutatis mutandis in accordance with the provisions of this Act on a date or dates, not later than six months after the date of the meeting on which it was so levied.

75. Exemption from rates levied on rateable property

(1)A local authority council may, upon an application made to it in respect of any financial year in such form as may be determined by the Minister, exempt in respect of such financial year from any rates levied under section 73-
(a)any land or building or any part of such land or building used exclusively for purposes of the principal activities of-
(i)any church, mission, hospital, school or hostel other than a church, mission, hospital, school or hostel which has been established and is maintained and managed by any person for profit or gain, whether directly or indirectly;
(ii)any amateur sporting organization;
(iii)any State-aided institution or institution aided by any charitable institution;
or any portion of such land or building, or any land set aside for any such purposes;
(b)any land or building-
(i)used wholly and exclusively for the residence of any priest or minister employed on a full-time basis by any church or mission referred to in paragraph (a)(i);
(ii)used for the boarding and lodging of persons employed on a full-time basis on the medical, nursing and maintenance staff of any hospital referred to in the said paragraph;
(iii)used for the boarding and lodging of any pupils of, or persons employed on a full-time basis as teachers or other members of the staff by, any school or hostel referred to in the said paragraph;
(c)any land or building-
(i)of which the ownership vests in, or is occupied by any non-political youth organization-
(aa)which has as its aim the education of the youth or any particular group of youth and to develop amongst such youth the qualities of citizenship; and
(bb)which has, upon an application made by the local authority council in question, been approved by the Minister for purposes of this paragraph; and
(ii)which is used by such organization exclusively for purposes of its aim or let for an amount not exceeding an amount necessary to maintain such immovable property or to raise funds in order to achieve such aims.
(2)The provisions of subsection (1) shall not apply in relation to any land or building used by an amateur sporting organization on which any trade is carried on for gain.[subsection (2) amended by Act 24 of 2000]
(3)A local authority council shall not grant any exemption under subsection (1), unless the application referred to in that subsection has been lodged to, or actually received by, it on or before 31 May in the year immediately preceding the financial year to which the application relates.

75A. Reduction of rates in respect of certain properties

(1)A local authority council may, notwithstanding the provisions of this Part, and subject to the approval of the Minister, upon an application of the owner of any rateable property, grant to such owner a rebate on the rate which is payable in respect of the property in terms of section 73(1), if the local authority council is satisfied that a business has been or is to be established on such property, or that a business conducted on such property has been or is to be expanded, and that the establishment or expansion of the business will result in the creation of substantial opportunities for permanent employment in the local authority area.
(2)A rebate under subsection (1) shall be granted subject to such conditions and for such period as the local authority council may determine with the approval of the Minister.
(3)If the owner of any rateable property referred to in subsection (1) is not, or will not be, the beneficial owner of the business conducted or to be conducted on the property, the local authority council may impose under subsection (2) any condition which it may consider necessary for ensuring that the whole or a specified part of the benefit of a rebate granted under subsection (1) will be passed on to the owner of the business concerned.[section 75A inserted by Act 24 of 2000]

76. Payment of rates levied under this Part

(1)A rate levied under section 73 shall be paid in respect of a financial year or any part of a financial year-
(a)in the case of an owner who is required to pay any such rate on the date of commencement of this Act, in monthly instalments as from the fifteenth day of the month in which this Act comes into operation or, if this Act comes into operation on a date after such day, on the last day of that month and, thereafter, on the fifteenth day of each succeeding month;
(b)in the case of an owner who is required to pay such rate as from the first day of a financial year, in monthly instalments as from 15 August in every financial year and, thereafter, on the fifteenth day of each succeeding month;
(c)in the case of an owner who is required to pay such rate as from any other date in a financial year, in monthly instalments as from the fifteenth day of the month following the month in which such owner is so required to pay such levy and, thereafter, on the fifteenth day of each succeeding month; or
(d)in such other instalments and on such other dates as may be determined by the local authority council by notice in the Gazette or, in the case of any particular owner, by notice in writing to such owner.
(2)If rates are levied in terms of section 73(1)(c) or (d) on the valuation of improvements of land which have been constructed in the course of a financial year, such rates shall be payable in proportion to that financial year as from the fifteenth day of the month following the date in the preceding month on which such improvements were completed or from the date on which such improvements are actually used.
(3)A local authority council may on any rates not paid on or before the date referred to in subsection (1) charge interest at a rate not exceeding the rate prescribed under the provisions of the Prescribed Rate of Interest Act, 1975 (Act 55 of 1975), which may be charged in respect of a judment debt of a magistrate’s court.[The word “judgment” is misspelt in the Government Gazette, as reproduced above.]

76A. Levying of penalty rate

(1)A local authority council shall levy, in addition to any rate referred to in section 73(1), for any financial year and with the prior approval of the Minister, a penalty rate-
(a)not exceeding two times the rate levied under section 73(1), on rateable property which has remained unimproved for a period of two years or more reckoned from the date of commencement of this section or, in the case of rateable property which is situated in an area which has been declared an approved township upon or after the date of commencement, reckoned from the date of first alienation of such property by the township owner;
(b)not exceeding four times the rate levied under section 73(1), on rateable property which has remained unimproved for a period of five years or more reckoned from the date of commencement of this section or, in the case of rateable property which is situated in an area which has been declared an approved township upon or after the date of commencement, reckoned from the date of first alienation of such property by the township owner.
(2)“Rateable property” shall for the purposes of subsection (1) be deemed to be unimproved unless there is constructed on such property a building or buildings to a value not being less than the amount stipulated-
(a)in the relevant town planning scheme;
(b)in the conditions of establishment of the particular approved township; or
(c)in the case of property purchased from the local authority council concerned, in the relevant deed of sale,
whichever may be applicable, as the minimum value for buildings required to be erected on the property in question.[section 76A inserted by Act 24 of 2000]

77. Rates levied on rateable properties for benefit of regional councils

(1)There shall be levied for the benefit of the funds of regional councils an amount equal to five per cent of the rates levied under section 73 on all rateable property situated in local authority areas.
(2)The amount referred to in subsection (1) shall be collected by a local authority council situated in the region of the regional council concerned in such manner as may be determined by the Minister and paid over to the regional council on such date or dates as may be so determined.

78. Transfer of rateable properties

Subject to the provisions of section 89(4) of the Insolvency Act, 1936 (Act No. 24 of 1936) the registrar of deeds shall not register a transfer of any immovable property situated within a local authority area, unless there is produced to him or her-
(a)in the case of a registration of transfer in terms of the Deeds Registries Act, 1937 (Act No. 47 of 1937), or when a development scheme is to be registered or a registration of a transfer of a sectional title deed for a sectional title unit as defined in section 1 of the Sectional Title Act, 2009 (Act No. 2 of 2009), is to be effected, a conveyancer’s certificate; or
(b)in the case of a registration of transfer in terms of the Registration of Deeds in Rehoboth Act, 1976 (Act No. 93 of 1976), the document referred to in section 48 of that Act,[paragraph (b) amended by Act 17 of 2002]
certifying-
(i)that-
(aa)all rates leviable in respect of such immovable property in terms of this Act, and all the fees, charges and other moneys due to the local authority council in respect of any service, amenity or facility supplied to such property in terms of this Act, inclusive of any availability charge and minimum charge provided for in section 30(1)(u) has been paid; and
(bb)a building compliance certificate by the relevant local authority has been issued, unless the immovable property is unimproved; or
(ii)that such immovable property is not contained in the main valuation roll, a provisional valuation roll or any other register held by the local authority council.
[Section 78 is amended by Act 35 of 1994 and by Act 17 of 2002, and substituted by Act 24 of 2000 and by Act 3 of 2018. The Deeds Registries Act 47 of 1937 and the Registration of Deeds in Rehoboth Act 93 of 1976 have been replaced by the Deeds Registries Act 14 of 2015.]

Part XVI – ALTERNATIVE SYSTEM OF RATING FOR TOWN COUNCILS AND VILLAGE COUNCILS

79. Alternative system of rating for town councils and village councils

(1)Notwithstanding the provisions of Parts XIV and XV, a town council or village council may, with the prior approval of the Minister and in respect of such financial year or years as he or she may determine, levy and determine a rate on rateable property situated within its area upon a basis other than that of a valuation.
(2)Subject to the provisions of subsection (3), the Minister shall make regulations in relation to the system of rating to be applied for the purposes of subsection (1).
(3)The provisions of sections 73(4)(a)(i), 75, 77 and 78 shall apply mutatis mutandis to a system of rating contemplated in subsection (2).
(4)Different regulations may be made under subsection (2) in respect of the rateable property of different town councils and village councils.
(5)A rate determined by a town council or village council shall not exceed such rate as the Minister may prescribe under the regulations contemplated in subsection (2).

Part XVIA – RECOVERY OF RATES

[PART XVIA, comprising section 79A, inserted by Act 17 of 2002]

79A. Rates as a debt due to the local authority council

(1)Any rate or interest payable under section 73, 74, 76A or 79 shall, when it becomes due and payable, be deemed to be a debt due to the local authority council concerned and may be recovered by that local authority council in the manner provided for in this section.
(2)Subject to subsection (4), if an owner of rateable property fails to pay any rate or interest in accordance with the provisions of this Act when it becomes due and payable, the local authority council may file with the clerk or registrar of a court of competent jurisdiction a statement certified, by the chairperson of the local authority council, as correct and setting forth the amount of all rates and interest that had accrued to the local authority council as well as any payments made by the owner and any amount still outstanding.
(3)A statement filed under subsection (2) shall for all purposes have the effect of, and any proceedings may be taken thereon as if it were, a civil judgment of the court at which that statement had been so filed, in favour of the local authority council for a liquid debt in the amount specified in that statement.
(4)The local authority council shall before filing a statement in terms of subsection (2), serve a notice accompanied by a copy of that statement on the owner concerned informing the owner of its intention to file such a statement after a lapse of 30 days after having served such notice.
(5)The chairperson of the local authority council may by notice in writing, addressed to the clerk or registrar of the relevant court, withdraw any statement filed with that clerk or registrar and that statement shall thereupon cease to have any effect.
(6)The local authority council may institute proceedings afresh under subsection (2) in respect of the rates or interest to which a statement withdrawn under subsection (5) relates.[section 79A inserted by Act 17 of 2002]

Part XVII – FINANCIAL MATTERS

80. Funds of local authority councils

(1)The funds of a local authority council shall consist of-
(a)moneys appropriated by law for purposes of the funds of the local authority council;
(b)the rates, charges, fees and other moneys levied under any provision of this Act and received by the local authority council;
(c)any moneys borrowed by the local authority council by way of loans or the issue of debentures, bills of exchange or other negotiable instruments;
(d)any interest or dividends derived from investments made under subsection (3);
(e)any fines imposed in respect of any contravention of, or failure to comply with, any provision of this Act or any other provision administered by a local authority council by virtue of the provisions of section 3(3) or 95(4);
(f)any moneys received by way of donation;
(g)any moneys accruing to the funds of the local authority council from any other source.
(2)A local authority council shall utilize any donations contemplated in subsection (1)(f) in accordance with the conditions, if any, imposed by the donor concerned, in so far as such conditions are capable of being carried out.
(3)A local authority council may invest an unexpended portion of its funds with a banking institution as defined in section 1 of the Banking Institutions Act, 1998 (Act No. 2 of 1998), a building society as defined in section 1 of the Building Societies Act, 1986 (Act No. 2 of 1986), the Savings Bank as defined in section 1 of the Posts and Telecommunications Companies Establishment Act, 1992 (Act No. 17 of 1992), or such other financial institution as may be approved by the Minister.[subsection (3) substituted by Act 17 of 2002]
(3A)An application and authorisation for the investment of moneys contemplated in subsection (3) shall be signed-
(a)except in a case contemplated in paragraph (b), by the chief executive officer and be co-signed by-
(i)in the case of a municipal council or town council, the chairperson of the management committee or any staff member of that council generally or specially authorised thereto by the council concerned;
(ii)in the case of a village council, the chairperson thereof or any staff member of that council generally or specially authorised thereto by that council; or
(b)if specially authorised thereto by the local authority council, by the chairperson of the local authority council or any other member of the local authority council conjointly with the chief executive officer or any other staff member authorised as contemplated in paragraph (a),
and any application and authorisation for the investment of moneys so signed shall be deemed to have been duly executed on behalf of the local authority council concerned.[subsection (3A) inserted by Act 24 of 2000 and amended by Act 17 of 2002]
(4)A local authority council may establish such reserve or other funds and deposit therein such amounts as may be determined by it.

81. Accounting officers of local authority councils

The chief executive officer or any other officer designated by the local authority council shall be the accounting officer of the local authority council and shall as such be charged with the responsibility of accounting for all the moneys received, and for all the payments made, by the local authority council.

82. Financial year of local authority councils

The financial year of a local authority council shall end on 30 June in each year.

83. Estimates of revenue and expenditure of local authority councils

(1)Every management committee and every village council-
(a)shall in each financial year cause to be prepared, after consultation with the regional council in whose area the local authority in question is situated, a statement of its estimated income and expenditure during the following financial year;
(b)may in any financial year at any time cause to be prepared, after such consultation, supplementary statements of its estimated expenditure for that financial year,
which statements shall be submitted by the chairperson of the local authority council concerned to the local authority council for its adoption and subsequent approval by the Minister.[subsection (1) substituted by Act 24 of 2000][closing sentence of subsection (1) substituted by section 24 of Act 3 of 2018]
(2)A statement and supplementary statements referred to in subsection (1) shall be compiled in such form as may be determined by the Minister and shall at least specify-
(a)the different revenue sources and the expected revenue from each such source; and
(b)according to such arrangements as may be required by the Minister, the different programmes and different projects in such programmes for the purposes of which money is intended to be applied, and the estimated expenditure in respect of each such programme or project.
(3)
(a)A local authority council may, until it has granted its approval under subsection (1) and if required, until the authorization under section 84(4) has been granted, but for a period not exceeding three months after the commencement of the financial year in question, authorize in respect of that financial year the application of amounts in relation to any matter in respect of which there was such an approval and such authorization in the immediately preceding financial year.
(b)The total amount which a local authority council may authorize under paragraph (a) shall not at any time exceed an amount equal to 25 per cent of the total amount appropriated for the immediately preceding financial year.
(c)Any expenditure on services incurred under an authorization under paragraph (a) shall be deemed to be expenditure incurred under the approval contemplated in that paragraph.

84. Application of funds of local authority councils

(1)Subject to the provisions of this section, a local authority council shall not apply its money otherwise than in accordance with an approval granted under section 83(1) and, if required, the authorization granted under subsection (4).
(2)A local authority council shall not incur any expenditure in respect of which an amount of money has been appropriated and which relates to revenue derived from the Government of Namibia, unless it has obtained the prior authorization of the Minister under subsection (4).
(3)For the purposes of obtaining the authorization referred to in subsection (2), a local authority council shall submit the statement or supplementary statement referred to in section 83(1) to the Minister, together with such other statement, document or information as he or she may require.
(4)The Minister shall, after receipt of the statement, supplementary statement or other statement, document or information referred to in subsection (3), authorize the expenditure referred to in subsection (2) if he or she is satisfied that the amount appropriated in respect of such expenditure has been appropriated in accordance with such conditions as may have been imposed in respect of the accrual of the revenue referred to in subsection (2).
(5)
(a)A local authority council may, with the approval of the Minister, apply an amount for a purpose for which no provision was made in a statement or supplementary statement referred to in section 83(1) or for the purpose of a programme or project for which insufficient provision was made in such a statement or supplementary statement.
(b)An amount referred to in paragraph (a) shall be appropriated by the local authority council concerned before the end of the financial year in which its application has been approved.
(c)A local authority council may, unless the Minister directs otherwise under subsection (4), apply any saving under-
(i)any particular programme on a statement or supplementary statement referred to in section 83(1) for the purpose of any other programme on such statement or supplementary statement;
(ii)any particular project in a programme on such a statement or supplementary statement for the purposes of any other project in the same programme.
(6)The Minister may at any time, after consultation with the local authority council in question, withdraw or suspend for any particular period any authorization granted under subsection (4) for the expenditure of any particular amount in so far as that amount has not yet been expended.

85. Auditing of accounting records of local authority councils

The accounting records of a local authority council referred to in section 86 and its financial statements referred to in section 87 shall be audited by the Auditor-General.

86. Accounting records of local authority councils

(1)The accounting officer of a local authority council-
(a)shall keep such accounting records as are necessary to reflect the transactions and financial state of affairs of the local authority council;
(b)shall keep in the accounting records contemplated in paragraph (a) a revenue account which shall be credited with all moneys which accrue to and are received by the local authority council and be debited with all expenses of the local authority council.
(2)The accounting officer of a local authority council shall deposit all the moneys received by him or her on behalf of the local authority council in an account held in terms of section 30(1)(y).
(3)The accounting records contemplated in subsection (1) shall be kept at a place determined by the local authority council and shall not without the consent of the local authority council be removed from that place.
(4)The Minister may, after consultation with the Auditor-General, issue instructions to an accounting officer in connection with the system of bookkeeping (including internal auditing) and accounting to be followed by that accounting officer in the performance of his or her functions in terms of this section and section 87.

87. Financial statements and audit reports

(1)The accounting officer of a local authority council shall within three months or such longer period as the Auditor-General may approve, after the end of a financial year of the local authority council make out financial statements in such form as may be determined by the Auditor-General in respect of that financial year and submit such financial statements to the Auditor-General.
(2)The financial statements referred to in subsection (1) shall consist of-
(a)a balance sheet showing the assets and liabilities of the local authority at the end of that financial year;
(b)a statement of income and expenditure of the local authority council for that financial year; and
(c)such other statements as may from time to time be required by the Auditor-General.
(3)The mayor of a municipality or town or the chairperson of a village council shall after he or she has received a report from the Auditor-General submit such report-
(a)to the next succeeding ordinary meeting of the local authority council in question for consideration and to decide which rectifying steps are to be taken should the report reveal any irregularities; and
(b)to the regional council of the region in which the local authority council is situated, for consideration.
[subsection (3) amended by Act 24 of 2000 to insert paragraph (b); the amendment markings are incomplete]
(4)Within two months after the date of the meeting referred to in subsection (3), the mayor or chairperson, as the case may be, shall submit a copy of the minutes of such meeting, containing the comments of the local authority council in regard to the report and indicating which steps were taken or are to be taken in connection with any irregularity revealed by the report, to the Minister who may take such further steps as he or she may deem necessary.
(5)The Minister shall forthwith submit a copy of the minutes in question to the Auditor-General, and shall notify the Auditor-General of the steps taken by him or her under subsection (4).

Part XVIII – GENERAL PROVISIONS

88. Public meetings for purposes of discussion of matters of public interest

(1)Subject to subsection (1A), the chairperson of a local authority council-
(a)shall convene at least three public meetings annually; and
(b)shall convene, a meeting to which the public is invited for purposes of discussion of any matter of public interest contemplated in subsection (1A).
(1A)A meeting referred to in subsection (1) shall be convened by way of-
(a)a public notice in any newspaper circulating within the local authority area; and
(b)such other manner calculated to reach as many members of the public as possible,
for purposes of discussion of any matter of public interest set out in the notice, and shall be held on such date and at such time and public place within the local authority area as may be determined by the chairperson and set out in the notice.
(1B)The chairperson-
(a)may determine the agenda of the meeting;
(b)shall state in the public notice that any person who intends to discuss any other issue at the meeting, shall notify the chairperson in writing thereof at least 7 days prior to the date of the meeting.
(2)For purposes of subsection (1) any matter relating to the promotion, opposition or discussion of the election of any person as a member of the local authority council shall be deemed not to be a matter of public interest.
(3)Any costs incurred by the chairperson of a local council in convening a meeting in terms of subsection (1) shall be paid out of the funds of the local authority council.[section 88 substituted by section 25 of Act 3 of 2018]

89. Meetings of local authority councils for purposes of discussion of matters of mutual interest

The Minister may at any time convene a meeting at such time and place as may be determined by him or her to which all members of all local authority councils or representatives of such local authority councils are invited for purposes of discussion of matters of mutual interest.

90. Responsibility of local authority councils in relation to public watercourses

(1)A local authority council shall at all times keep the natural channel and the banks of every public watercourse situated in its area within the lines indicating the maximum level likely to be reached on an average every 50 years by flood-waters into which-
(a)any water is discharged by a local authority council from any waterworks or water-main in terms of section 34(1)(e);
(b)any stormwater is drained by a local authority council in terms of section 38(1)(d),
clean and free from any artificial or natural obstruction other than any building lawfully erected at any time before the commencement of this Act which is likely to interfere with the flow of such watercourse or create a danger that such flood-water can threaten the safety or lives or property of any person.