Townships and Division of Land Ordinance, 1963 (Ordinance 11 of 1963)
Official Gazette no. 2487
This legislation was repealed on 2020-09-03 by
Urban and Regional Planning Act, 2018 (Act 5 of 2018).

Townships and Division of Land Ordinance, 1963
Ordinance 11 of 1963
- Published in Official Gazette no. 2487 on 28 June 1963
- Assented to on 21 June 1963
- Commenced on 28 June 1963
- [Up to date as at 6 November 2020]
- [Amended by Townships and Division of Land Amendment Ordinance, 1967 (Ordinance 36 of 1967) on 28 November 1967]
- [Amended by Townships and Division of Land Amendment Ordinance, 1969 (Ordinance 7 of 1969) on 28 March 1969]
- [Amended by Townships and Division of Land Amendment Ordinance, 1970 (Ordinance 2 of 1970) on 24 March 1970]
- [Amended by Townships and Division of Land Amendment Ordinance, 1973 (Ordinance 10 of 1973) on 3 July 1973]
- [Amended by Townships and Division of Land Amendment Ordinance, 1975 (Ordinance 17 of 1975) on 16 October 1975]
- [Amended by Townships and Division of Land Amendment Ordinance, 1977 (Ordinance 9 of 1977) on 8 June 1977]
- [Amended by Townships and Division of Land Amendment Act, 1985 (Act 3 of 1985) on 10 September 1985]
- [Amended by Townships and Division of Land Amendment Act, 1992 (Act 28 of 1992) on 1 November 1992]
- [Amended by Townships and Division of Land Amendment Act, 1998 (Act 21 of 1998) on 8 September 1998]
- [Amended by Amendment of schedule to Townships and Division of Land Ordinance, 1963 (Government Notice 63 of 1999) on 15 April 1999]
- [Amended by Townships and Division of Land Amendment Act, 2000 (Act 11 of 2000) on 29 June 2000]
- [Repealed by Urban and Regional Planning Act, 2018 (Act 5 of 2018) on 3 September 2020]
Act 28 of 1992 makes the following substitutions throughout the Act:
(a) “State” for “Administration”;
(b) “Minister” for “Executive Committee”;
(c) “Permanent Secretary” for “Secretary for South West Africa”
(d) “Gazette” for “Official Gazette”;
(e) “Namibia Planning Advisory Board” for “South West African Planning Advisory Board”; and
(f) “State Revenue Fund” for “Territory Revenue Fund”.]
1.
In this Ordinance unless the context otherwise indicates -“approved township” means a township whose name appears in the First Schedule or a township proclaimed an approved township under the provisions of the Townships Ordinance, 1928 (Ordinance 11 of 1928) or this Ordinance;“area” or “area of jurisdiction” means -(a)in relation to a municipal council, town council or village council the area declared under section 3 of the Local Authorities Act, 1992 (Act No. 23 of 1992) to be a municipality, town or village, as the case may be, or deemed to be so declared;(b)in relation to a regional council, the area declared under section 31 of the Regional Council Act, 1992 (Act No. 22 of 1992) to be a settlement area.[The definition of “‘area’ or ‘area of jurisdiction’” is inserted by Act 11 of 2000. The correct name of Act 22 of 1992 is the “Regional Councils Act” (with “Councils” being plural).]“Board” means the Townships Board constituted under section two:“Deeds Registry” in relation to land situated in the district of Rehoboth means the deeds registry established by section 2 of the Registration of Deeds in Rehoboth Act, 1976 (Act No. 93 of 1976) and in relation to any other land the deeds registry of Windhoek referred to in section 1 of the Deeds Registries Act, 1937 (Act No. 47 of 1937);[definition of “Deeds Registry” inserted by Act 21 of 1998]“diagram” means a document containing geometrical, numerical and verbal representations of a piece of land, line, feature or area forming the basis of a real right, which has been signed by a person recognised, under any law then in force, as a land surveyor, or which has been approved or certified by the Surveyor-General or other officer empowered under any law so to approve or certify a diagram and includes a diagram or copy thereof prepared in the Surveyor-General’s office and a proved or certified as aforesaid or a document which has at any time, prior to the commencement of this Ordinance, been accepted as a diagram in the Deeds Registry or the Surveyor-General’s office;“erf” means every piece of land in an approved township;[definition of “Executive Committee” inserted by Ord. 10 of 1973 and deleted by Act 28 of 1992]“general plan” means a plan which, representing the relative positions and dimensions of two or more pieces of land, has been signed by a person recognised, under any law then in force, as land surveyor, and which has been approved or certified as a general plan by the Surveyor-General or other officer empowered under any law so to approve or certify a general plan, and includes a general plan or copy thereof prepared in the Surveyor-General’s office and approved or certified as aforesaid or a general plan which has at any time, prior to the commencement of this Ordinance, hem accepted for registration in the Deeds Registry or the Surveyor-General’s office or in any Grundbuchamt or Vermessungsamt;[definition of “general plan” amended by Act 28 of 1992]“local authority” means a municipal council, town council or village council as defined in section 1 of the Local Authorities Act, 1992 (Act No. 23 of 1992) or a regional council as defined in section 1 of the Regional Councils Act, 1992 (Act No. 22 of 1992);[definition of “local authority” substituted by Ord. 10 of 1973, Act 28 of 1992 and Act 11 of 2000]“Minister” means the Minister of Regional and Local Government and Housing;[definition of “Minister” inserted by Act 28 of 1992 and amended by Act 11 of 2000]“Namibia Planning Advisory Board” means the board referred to in section 9 of the Town Planning Ordinance, 1954 (Ordinance 18 of 1954);[definition of “Namibia Planning Advisory Board” inserted by Act 28 of 1992]“Permanent Secretary” means the Permanent Secretary: Regional and Local Government and Housing;[definition of “Permanent Secretary” inserted by Act 28 of 1992 and amended by Act 11 of 2000]“public place” includes any street, road, lane, avenue, thoroughfare, sanitary passage, park, recreation or sports ground, square or other open space -(a)which is shown as such on a general plan of an approved township, as filed in the Deeds Registry or the Surveyor-General’s Office; or(b)which is represented by a diagram annexed to a deed conveying it as a public place to a local authority in pursuance of any sub-division of land; or(c)to which the public have acquired or at any time may acquire a common right;[definition of “public place” substituted by Ord. 36 of 1967]“prescribed” means prescribed by or under this Ordinance or any regulation;“prior law” means the Townships Proclamation, 1920 (Proclamation 68 of 1920) and the Townships Ordinance, 1928 (Ordinance 11 of 1928);[definition of “prior law” inserted by Ord. 36 of 1967]“Registrar of Deeds” means the registrar of deeds responsible for the deeds registry referred to in the Deeds Registries Act, 1937 (Act No. 47 of 1937), or the registrar of deeds responsible for the deeds registry referred to in the Registration of Deeds in Rehoboth) Act. 1976 (Act No. 93 of 1976).[definition of “Registrar of Deeds” inserted by Act 21 of 1998; it should end with a semicolon rather than a full stop]“regulation” means any regulation made under this Ordinance;[definition of “South West African Planning Advisory Board” inserted by Ord. 10 of 1973 and deleted by Act 28 of 1992]“subdivide” means to divide by means of a survey for registration of title or of a survey for registration of a lease; and “subdivision” has a corresponding meaning;“this Ordinance” includes any regulations;“townlands” means all land situate within the area of jurisdiction of a local authority but shall not include an approved township;“township” means -(a)an approved township; or(b)any extension of any such township; or(c)any area of land registered as one or more pieces of land either contiguous or in close proximity to each other which is being or is intended to be laid out or divided into sites for residential, business, industrial, building, occupational or similar purposes or for urban settlement arranged in such a manner as to be intersected or connected by or to abut on public places;“township owner” means in the case of any approved township or in the case of a township for the establishment of which application has been made, the person registered in any deeds registry as the owner of the land included or to be included in such township and includes the successor in township title of such person.2.
2A. Purpose of Board
The purpose of the Board shall be to exercise and perform the functions, powers and duties entrusted to and conferred upon it in terms of the provisions of this Ordinance.[section 2A inserted, with heading, by Ord. 10 of 1973]3.
4.
Save as provided in section thirty-seven, no township shall be established after the commencement of this Ordinance otherwise than in accordance with the provisions of this Ordinance.5.
6.
7.
The Minister shall not grant an application for permission to establish a township on land held under lease by the applicant.8.
9.
Upon the granting of any application for permission to establish a township, the Minister shall notify the applicant, the Board, the Surveyor-General, the Registrar of Deeds, and if the land concerned is within the area of jurisdiction of a local authority, the local authority concerned, and shall state the conditions upon which such application has been granted, whereupon the erven in the township in respect of which such application was granted, shall be subject to all such conditions as may have been imposed in respect of such erven.10.
11.
12.
13. Establishment of township
Upon receipt of a notification from the Registrar of Deeds that the provisions of section 12 have been complied with, the Minister shall by notice in the Gazette declare the area represented by the general plan concerned to be an approved township and such notice shall set forth in a schedule thereto the conditions subject to which the application for permission to establish the township concerned has been granted.[section 13 amended by Ord. 36 of 1967 and by Act 28 of 1992, which also inserts the heading]14.
15.
16.
No transfer of any erf in a township other than a township whose name appears in the list contained in the First Schedule shall be registered in the Deeds Registry unless and until that township has been proclaimed an approved township in terms of this or any other ordinance.17. Conditions to be embodied in title deeds
No transfer of an erf in a township established under the provisions of this Ordinance or any prior law, shall be registered in the Deeds Registry unless the conditions that are, under this Ordinance or any prior law, required to be registered against the title deeds of erven in such township are embodied therein.[section 17 amended by Ord. 36 of 1967 and substituted by Act 28 of 1992, which also inserts the heading]18.
The owner of the land upon which a township has been established under this Ordinance or any other law or his successors in title thereto, shall not grant a title to any erf in such township other than a freehold title or a lease for a period not exceeding five years without the right of renewal: Provided that the provisions of this section shall not be deemed to limit or otherwise affect the powers of the State or of any local with authority to lease land in such township for a period exceeding five years or dispose of it in any other manner.19.
20.
21.
The provisions of section twenty shall apply mutatis mutandis in respect of the subdivision of any land situated within the townlands of any approved township not being an erf in such township: Provided that the Board shall be furnished with the comments of the local authority (if any) within whose area of jurisdiction such land is situated before its report is forwarded to the Minister.22.
[section 22 amended by Ord. 36 of 1967 and deleted by Ord. 10 of 1973]23.
The name of an approved township may, on the application of the local authority within whose area of jurisdiction it is situated or, if there be no such authority, of the township owner at the date of the proclamation of that township, be changed: Provided that the alteration shall be subject to the approval of the Minister and to such conditions as the Minister after consultation with the Board, may impose.24.
25.
26.
27.
No transfer duty, stamp duty or deeds registration fees shall be payable in respect of any transfer of land under the provisions of section fifteen or section twenty-five, and no stamp duty shall be payable in respect of the diagrams concerned.28.
29.
30.
31. Conditions imposed may be enforced and penalties for noncompliance with conditions imposed
31A. Variation of conditions in terms or this Ordinance or any prior law
31B. Cancellation by Registrar of Deeds of conditions imposed
Nothwithstanding anything to the contrary in any law contained, the Registrar of Deeds may, with the written approval of the Minister and upon payment of any duty or fee prescribed under the Deeds Registries Act, 1937 (Act No. 47 of 1937) or the Registration of Deeds in Rehoboth Act (Act No. 93 of 1976), as the case may be, cancel by endorsement any conditions which have, in terms of this Ordinance or any other law, been inserted in a deed of transfer or certificate of title or endorsed upon a title deed.[Section 31B is inserted by Ord. 36 of 1967, along with the heading, and substituted by Act 21 of 1998. The word “Notwithstanding” is misspelt in the Government Gazette,as reproduced above.]32.
The Minister may by notice in the Gazette define the boundaries of any township mentioned in the First Schedule whenever the boundaries of such township have not been defined.33.
It shall be lawful for the owner of land upon which an approved township is situate, to transfer by one deed the whole or any portion of that land or an undivided share in such land or portion thereof: Provided that -(a)the transfer of a portion of such land shall be in accordance with a diagram to be annexed to the deed of transfer, and from the diagram shall be excluded all erven in such township or in the portion affected, which have already been transferred. The aggregate area of such erven shall be indicated on such diagram;(b)the boundaries of a portion proposed to be transferred shall coincide with one or more division lines shown on the general plan;(c)the deed of transfer shall state that the land described therein has been laid out as an approved township or is a portion of or share in land so laid out and that such land remains subject to the provisions of the law in force relating to the registration of townships or of erven in a township, and that the land is subject to the rights held as regards the public places by the owners of the erven in the particular township affected.34.
The Minister may from time to time and subject to such conditions as he may, in his discretion, impose, delegate all or any of the powers conferred upon him by this Ordinance to any officer, and may at any time withdraw such delegation: Provided that the powers so delegated to such an officer shall be exercised only in respect of an approval of a recommendation of the Board.35.
This Ordinance shall bind the State.36.
[subsection (2) inserted by Ord. 36 of 1967]37.
The laws specified in the Fourth Schedule are hereby repealed to the extent set out in the third column of that Schedule but notwithstanding such repeal every application for permission to establish a township made before the commencement of this Ordinance shall be considered and decided under the provisions of the said laws as if they had not been repealed.38.
This Ordinance shall be called the Townships and Division of Land Ordinance, 1963.[Act 21 of 1998 provides the following transitional provision:“5. Variation of conditions imposed
(1) Any condition attaching to any erf in the district of Rehoboth upon the commencement of this Act shall be deemed to have been imposed under the Ordinance.
(2) Subject to subsection (3) the Minister may, on the recommendation of the Board, in relation to any erf referred to in subsection (1), by notice in the Gazette vary the conditions referred to in that subsection by amending, substituting or deleting any of those conditions, or by imposing further conditions in regard to any matter mentioned in section 6(3) of the Ordinance.
(3) No condition shall be imposed which purports to alter the purpose for which any such erf was used immediately prior to the commencement of this Act, without the written approval of the owner of the erf concerned.”]